HomeMy WebLinkAbout05-06-09Thomas A. French
Attorney I.D. No. 39305
Jill E. Neary
Attorney I.D. No. 208055
RHOADS & S1NON LLP
One South Market Square
PO Box 1146
Harrisburg, PA 17108-1 t46
(717)233-5731
(717)232-1459
IN RE: ESTATE OF LOTTIE IVY
DIXON, DECEASED,
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.21-07-0686 ORPHANS' COURT
IN RE: QTIP TRUST U/A GEORGE F. IN THE COURT OF COMMON PLEAS OF
DIXON, JR. CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.21-07-0686
CO-TRUSTEES' RESPONSE TO RULE TO SHOW CAUSE
WHY THE MOTION FOR ORDER SETTING SCHEDULE
SHOULD NOT BE GRANTED
NOW COME Manufacturers and Traders ("M & T") Trust Company, Richard E. Dixon,
and George F. Dixon III, collectively Co-Trustees of the George F. Dixon, Jr. QTIP Trust, by
~u-d through their counsel Rhoads & Sinon LLP, and file the within Response to the Court's Rule
to Show Cause why the Motion for requested relief should not be granted.
1. Admitted.
2. Admitted.
3. Denied. The letter from the Auditor, being a writing, speaks for itself.
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4. Denied. The coi~'espondence from Objectors' counsel, being a writing, speaks for
itself.
5. Admitted.
6. Admitted.
7. Denied as stated. By way of clarification, Marshal L. Dixon filed objections to
the Trust Account in his capacity as Executor of the Lottie I. Dixon Estate and also in his
individual capacity. It is admitted that Mr. Shade was appointed as the Auditor for the resolution
of the Objections to the Trust Account.
8. Denied. The correspondence to the Auditor, being a writing, speaks for itself.
9. Admitted.
10. Admitted in part and denied in part. Executor's request to consolidate the
Objections for the purposes of discovery and hearing is not opposed by Co-Trustees. Co-
Tnistees do object to the schedule set by Executor's counsel for completion of discovery, the
submission ofpre-hearing memoranda, and the hearing. Byway of further answer, Co-Tntstees
have proposed a more reasonable schedule for discovery, submission of pre-hearing memoranda
and the hearing which is outlined in the attached order.
11. This paragraph contains statements and conclusions to which no response is
required. To the extent a response is deemed required, the same are denied. Co-Trustees do not
object to the Court's issuance of an order confirming the Auditor's authority to adjudicate
discovery matters related to the hearing on the objections, subject to cle irovo review by the court.
12. It is admitted that Executor's counsel sought concurrence of counsel for Co-
Trustees, and that Co-Trustees did not indicate concurrence in the Motion. It is specifically
denied that counsel for Co-Trustees indicated that they did not concur with the Motion.
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WHEREFORE, Co-Tn~stees request that the Court enter a scheduling order in the farm
attached hereto.
Respectfully submitted,
RHOADS & SINON LLP
By:
h mas A. French
Ji ] E. Neary
One South Market Square
P. O. Box 114G
Harrisburg, PA 17108-1 i46
(717} 233-5731
Attorneys for Co-Trustees,
M&T Ti•ust Company, George F. Dixon III,
and Richard E. Dixon
MARTSON LAW OFFICES
By: ~~
No V. Otto 5~~~0
Katie J. Maxwell
Manson Law Offices
10 East High Street
Carlisle, PA 17103
(717) 243-3341
Attorneys for George F. Dixon, III and
Richard E. Dixon
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CERTIFICATE OF SERVICE
I hereby certify that on this 6`h day of May, 2004; a true and correct copy of the foregoing
Co-Tnistees' Response to Rule to Show Cause was served by means of United States mail, first
class, postage prepaid, upon the following:
Elizabeth P. Mullaugh, Esq.
MCNEES, WALLACE c~ NURICIC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
Daniel L. Sullivan, Esq.
SAIDIS, FLOWER BL LINDSAY
2109 Market Street
Camp T-Till, PA 17011
Wayne F. Shade, Esq.
53 W. Pomfret Street
Carlisle, PA 17013-3217