HomeMy WebLinkAbout04-13-09rt.ti~~.. ter. _
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209 APP ! 3 P~ 3~ ! I
IN RE: : IN THE COURT OF COMMON PLEAS OF
Cf_~f~~t ~~ :CUMBERLAND COUNTY, PENNSYLVANIA
QTIP TRUS ~~`?` ` ~ '.,JURY ,
,-, o'~
GEO F.'I~I~CO1~T, J~. :ORPHANS' COURT DIVISION
No. 21-1994-0754
REPLY TO NEW MATTER
BY MARSHALL L. DIXON EXECUTOR OF THE ESTATE OF LOTTIE IVY DIXON
AND NOW comes Marshall L. Dixon, Executor of the Estate of Lottie Ivy Dixon, by and
through his attorneys McNees Wallace & Nurick LLC, and files the following Reply to New
Matter raised by the Co-Trustees of the George F. Dixon, Jr. QTIP Trust under Agreement dated
May 16, 1985, and avers as follows:
12. The Executor hereby incorporates as his reply to paragraph 12 the averments set forth
in paragraphs 1 -11 of his Objections. To the extent any further response is required, all responses of
the Answer are denied to the extent inconsistent with the averments of the Executor's Objections.
13. Denied. The Executor denies the averments of this paragraph and demands
proof thereof. The Executor further denies any implication that he should be removed as the
Executor of the Estate.
14. Denied. The Executor denies the averments of this paragraph and demands
proof thereof. Byway of further reply, the Executor incorporates paragraphs 1 - 11 of his
Objections to the Account.
15. Denied. The Lottie Ivy Dixon Revocable Trust, being a writing, speaks for itself.
It is specifically denied that the Executor never requested payment of Estate expenses from the
Revocable Trust. By way of further reply, less than one month following Mrs. Dixon's date of
death, counsel for the Executor asked counsel for the Co-Trustees of the Revocable Trust
whether and to what extent the Co-Trustees intended to exercise their discretion in paying
expenses and other charges of the Estate. No substantive response to this inquiry was ever
received.
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16. Admitted in part and denied in part. The Executor admits that certain payments
were made to the U.S. Treasury and the Pennsylvania Department of Revenue with respect to a
portion of the estate and inheritance taxes owned by the Lottie Ivy Dixon Revocable Trust and
apportioned to such trust by the Will of Lottie Ivy Dixon. The Executor denies that such
payments were made pursuant to the terms of the Lottie Ivy Dixon Revocable Trust.
17. Denied as stated. By way of clarification, on February 27, 2009, Richard E.
Dixon and George F. Dixon, III filed Objections to their own Account of the George F. Dixon,
Jr. QTIP Trust and requested that the Statement of Distribution filed therewith not be approved
pending resolution of the Account of the Estate of Lottie Ivy Dixon.
18. Denied. The Consents are writings that speak for themselves. The remaining
averments of paragraph 18 is a conclusion of law to which no response is required. To the extent
a response is required, the averment is specifically denied.
WHEREFORE, the Executor respectfully requests relief as set forth in his Objections.
Respectfully submitted,
McNees Wallace & Nurick LLC
By:
Date: April 9 , 2009
LD. No. 76397 ~. ~
Kimberly M. Colonna
I.D. No. 80362
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for the Objector
VERIFICATION
Subject to 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities I,
Marshall L. Dixon, verify that the facts set forth in the foregoing document are true and correct
to the best of my knowledge or information and belief.
~- ~f~
Dated: l/
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of
the forgoing documents were served by first-class mail, postage prepared, upon the
following:
Stanley A. Smith, Esquire
Rhoads & Sinon, LLP
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
No V. Otto, Esquire
Martson Law Offices
10 E. High Street
Carlisle, PA 17013
Daniel L. Sullivan, Esquire
Saidis, Flower& Lindsay
2109 Market Street
Camp Hill, PA 17011
Wayne F. Shade, Esquire
53 W. Pomfret Street
Carlisle, PA 17013-3217
Elizabeth P:
Dated: April 9, 2009