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Home My WebLink About10-09-09F:\FILES\C6ents\12690 Dixon\12690.1.motion.discovcry.deadline IN RE: : IN THE COURT OF COMMON PLEAS OF ESTATE OF GEORGE F. DIXON, JR. :CUMBERLAND COUNTY, PENNSYLVANIA Deceased, . ORPHANS' COURT DIVISION N0.21-1994-0754 IN RE: : IN THE COURT OF COMMON PLEAS OF ESTATE OF LOTTIE IVY DIXON, :CUMBERLAND COUNTY, PENNSYLVANIA Deceased, n :ORPHANS' COURT DIVISION CQ ~ ~.~~ ,;~: ' ' ~L_ n c'~ `~, t r NO. 21-07-0686 ,Y,1_,., ~ ..~..f =.-~, .... _.. MOTION TO EXTEND DISCOVERY DEADLINE -~ _, ~ _ y== _' `.v ~ .} AND NOW comes George Dixon, III and Richard Dixon ("Dixons") by acid throu eir' ' ~~` ~ ~' g attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY AND FALLER, and in support of their motion to extend the discovery deadline aver as follows: 1. The Auditor in this case issued a directive stating that the discovery deadline was to end on September 30, 2009. 2. Dixons served interrogatories on Marshall Dixon, executor of Lottie Ivy Dixon's Estate, on June 18, 2009. 3. In those interrogatories, Marshall Dixon was directed to identify all transfers from his mother to or for his benefit. 4. In his answers to interrogatories, Marshall Dixon limited to his response to include transfers only after 2001; but admitted that he had received transfers from his mother in excess of $154,000. Marshall Dixon's Answers to Interrogatories are Attached as Exhibit "A". 5. Dixons reviewed Marshall Dixon's answers to interrogatories and assumed the answers to be complete. 6. The Deposition of Marshall Dixon was taken by the undersigned on September 23, 2009. 7. During that deposition Marshall Dixon repeatedly stated that he believed that all of the transfers listed on his answers to interrogatories were "either gifts or reimbursement for items he purchased for his mother." 8. Marshall Dixon was either unwilling or unable to clarify which amounts were gifts and which were reimbursements. 9. It was not until Marshall Dixon supplemented his answers to Interrogatories at his deposition that Movants had any reason to believe that their discovery was not complete. 10. Based upon the answers given to questions at the deposition, Movants request an extension of the discovery deadline to further investigate Marshall Dixon's finances. 11. Undersigned counsel spoke with the opposing counsel and notified them of Movants intent to file this Motion. Opposing counsel do not concur with the request. WHEREFORE, Movants request that the discovery deadline be extended to allow additional time for Movants to inquire into Marshall Dixon's finances. MARTSON LAW OFFICES By: ` Gf / Hubert X. Gilroy I.D. No. 29943 Katie J. Maxw 11, Esquire I.D. No. 2060 8 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ~c~~ ~~ v °1 Attorneys for George Dixon, III and Richard Dixon CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Elizabeth P. Mullaugh, Esquire McNEES, WALLACE & NURICK 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Daniel L. Sullivan, Esquire SAIDIS FLOWER & LINDSAY 223 Lincoln Way East Chambersburg, PA 17201 Mark D. Bradshaw, Esquire STEVENS & LEE Harrisburg Market Square 17 North Second Street, 16`h Floor Harrisburg, PA 17101 MARTSON LAW OFFICES By. M .Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ~ Q/ 9/U q IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF GEORGE F. DIXON, JR. ORPHANS' COURT DIVISION DECEASED No. 21-1994-0754 ~ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF ; LOTTIE IVY DIXON ORPHANS' COURT DIVISION DECEASED NO. 21-07-0686 MARSHALL DIXON'S OBJECTIONS AND ANSWERS TO INTERROGATORIES OF RICHARD AND GEORGE DIXON Marshall Dixon provides the following objections and responses to the "Interrogatories" served by Richard E. Dixon and George F. Dixon on June 18, 2009: PRELIMINARY STATEMENTS A. By providing the information requested, Marshall Dixon does not waive any objection to admission of the information in evidence on the grounds of relevance, materiality or on any other proper grounds for objection. B. The word usage and sentence structure is that of the attorneys who prepared these Answers and does not purport to be the exact language of the executing person. C. Marshall Dixon reserves the right to correct, amend, or supplement these Answers if and when it has other, or more accurate, information prior to trial. D. Marshall Dixon does not intend to waive any protections or privileges by the supplying of information in response hereto. The inadvertent disclosure of privileged information or release of privileged documents shall not constitute a waiver of any applicable privilege. E. Subject to the foregoing preliminary statements, Marshall Dixon restates below each of the Interrogatories verbatim, followed by his answers and/or objections thereto. ANSWERS TO INTERROGATORIES 1. Identify any calendar year after 1994 in which Lottie Ivy Dixon transferred anything of value to you or for your benefit, in which year such transfers, in the aggregate, exceeded a value often thousand dollars. ANSWER: Marshall Dixon objects to this Interrogatory to the extent it seeks information related to the years preceding 2001, on the grounds that the request is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible information. Marshall Dixon did not live at Mrs. Dixon's home prior to 2002, and he was, therefore, in a position no different from that of his siblings with respect to any opportunity for improper influence to make transfers of Mrs. Dixon's assets. Moreover, complete records are not available for the years prior to 2001, as the documentation provided by the Objectors' counsel reflects. Without waiving his objections, Marshall Dixon responds that complete records are not available for the years prior to 2001. Objectors have the records reflecting transfers made from Mrs. Dixon's checking account to, for the benefit of, or on behalf of her children, including Marshall Dixon, during the time period of May 2001 until Mrs. Dixon's death. The attached summary reflects transfers made Mrs. Dixon's checking account to Marshall Dixon and the sum of the transfers for each calendar year. Marshall Dixon further answers, however, that not all of the transfers were gratuitous; some reflect reimbursement from Mrs. Dixon to him for expenditures made by him on Mrs. Dixon's behalf. Aside from the transfers reflected in Exhibit A, Marshall Dixon is not aware of any other transfers from Mrs. Dixon to himself from 2001 forward, that, in the aggregate for any calendar year, exceed a value of $10,000. Marshall specifically notes that no transfers were made to anyone from Mrs. Dixon's brokerage account from 2001 forward. 2. For the calendar year(s) listed in the response to Question 1, identify all transfers occurring in such year. ANSWER: See the answer to Interrogatory #1 above and the attached Exhibit A. 3. Identify any and all credit cards or charge accounts held in Lottie Ivy Dixon's name from January 1, 1995 until her death. ANSWER: Marshall Dixon objects to this Interrogatory to the extent seeks information related to the years preceding 2001, on the grounds that the request is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible information. Without waiving his objection, Marshall Dixon responds that he is presently aware only of the following credit cards accounts that were held by Mrs. Dixon and in active use at the date of her death: American Express Account # 372443544662005 USAA Account # 5420396207801153 4. Identify any and all credit cards or charge accounts with respect to which you were either an authorized user or joint account holder with Lottie Ivy Dixon on or after January I , 1995. ANSWER: None. 5. Identify every financial account titled in Lottie Ivy Dixon's name, or in which she had an interest, including but not limited to, any checking account, savings account, individual retirement account, brokerage account, or money market account, which existed on or after January 1, 1995. ANSWER: Marshall Dixon objects to this Interrogatory to the extent seeks information related to the years preceding 2001, on the grounds that the request is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible information. Marshall Dixon did not live at Mrs. Dixon's home prior to 2002, and he was, therefore, in a position no different from that of his siblings with respect to any opportunity for improper influence to make transfers of Mrs. Dixon's assets. Moreover, complete records are not available for the years prior to 2001, as the documentation provided by the Objectors' counsel reflects. Without waiving his objections, Marshall Dixon responds that he is aware of the following accounts: M&T Bank checking Account #00286-7557-6 (formerly Dauphin Deposit Bank & Trust and successor institutions) Legg Mason Account # 360-00713 (which became Wachovia Securities Account # 2818-0389) George E. Dixon Jr. QTIP Trust account Lottie Ivy Dixon Revocable Trust account McNEES WALLACE & NURICK LLC By: ~ . Elizabeth P. Mullaugh I.D. No. 76397 Kimberly M. Colonna I.D. No. 80362 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 717- 232-8000 Date: July 20, 2009 VERIFICATION Subject to 18 Pa.C.S. Section 4904, relating to unswom 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. Dat~d I~ ~~ ~-- ,~ ~~ -.--=-= Marshall L. Dixon / Lottie Ivy Dixon Estate Exhibit A Check # DATE 3078 05/02/01 3092 05/12/01 3104 06/04/01 3100 06/04/01 3, 754.00 3125 07/05/01 3137 07/16/01 2,023.14 3140 07/26/01 1,000.00 3143 08!06/01 3155 08/14/01 3165 09/04/01 1,000.00 3158 09/04/01 3164 09/06/01 3175 09/08/01 4,418.51 3181 09/18/01 3189 10/03/01 3232 10/03/01 1, 000.00 3235 10/12/01 3244 10/23/01 1,000.00 3257 11/07/01 3261 11 ! 14/01 2, 000.00 3267 12/04/01 1,000.00 32ss 12ro7/a 1 3280 12/12/01 4,417.55 3293 12/20/01 3295 01/02/02 1,000.00 3307 01/07/02 3318 02/04/02 1,000.00 3319 02/05/02 3320 02/07/02 3341 02/21 /02 3351 03/06/02 3362 03/11/02 3366 03/11/02 310.00 3364 03/11/02 140.00 3369 03/25/02 1,000.00 3371 03/29/02 3377 03/29/02 813.42 3378 04/01 /02 3381 04/04/02 3386 04/08/02 3399 05/03/02 3416 05/13/02 1,000.00 3417 05/13/02 3427 05/28/02 3,175.80 3432 06/07/02 3434 06/07/02 2,451.51 3458 07/02/02 1,000.00 21,613.20 2001 Lottie Ivy Dixon Estate Exhibit A 3460 07/05/02 3481 08/03/02 3483 08/03/02 930.91 3490 08/05/02 1, 500.00 3499 08/12/02 3505 08/26/02 739.44 3514 09/05/02 3534 09/19/02 693.66 3540 10/01 /02 3556 10/16/02 1,566.42 3571 11/03/02 3570 11 /03/02 3589 11 /27102 1,408.56 3597 12/04/02 3599 12/06/02 3600 12/06/02 3610 12/ 16/02 1, 000.00 3614 12/20/02 1,110.17 3620 12/26/02 1 000.00 3619 12/26/02 3622 01/03/03 3635 01/17/03 1,000.00 3642 01/23/03 4,200.72 3647 01/28/03 7,000.00 3645 01/28/03 3650 02/03/03 1,000.00 3663 02/20/03 950.17 3672 03/03/03 500.00 3673 03/04/03 3688 03/14/03 3696 04/03/03 3712 04/04/03 3,260.15 3700 04113/03 2,159.41 3721 04/29/03 3725 05/03/03 3741 05/19/03 3,857.39 3752 06/02/03 3780 07/03/03 3802 07/17/03 3813 OS/04/03 2,000.00 3815 08/05/03 3807 08/05/03 203.95 3818 08/12/03 3,000.00 3826 08/15/03 3836 09/04/03 3843 09/07/03 365.77 3879 10/07/03 2,000.00 3901 11 /04/03 144.00 3919 11 /23/03 3929 11/30/03 2,910.36 3934 12/01/03 2,000.00 3955 12/04/03 148.00 21,839.89 2002 Lottie Ivy Dixon Estate Exhibit A 3950 12/10/03 3935 12/13/03 3967 12/16/03 2,000.00 3972 12/21 /03 3972 12/25/03 3980 01 /05/04 3986 01 / 15!04 3996 02/04/04 145.00 4009 02/ 10/04 290.00 4029 02/29/04 4035 03/08/04 135.00 4070 04/05/04 2,000.00 4108 04/10/04 1,000.00 4104 04/ 10/04 4105 04/10/04 4072 04/15/04 1,000.00 4092 04/23/04 2,000.00 4094 04/23/04 4093 04/23/04 4114 05/18/04 6,591.04 4119 05/18/04 1,976.58 4131 05/25/04 1,200.00 4145 06/04/04 1,976.58 4141 06/04/04 80.16 4149 06/06/04 4158 06/17/04 1,976.58 4166 06/24/04 4171 06/25/04 1,000.00 4208 07/07/04 4209 08/05/04 1,000.00 4229 08/25/04 4236 09/02/04 1,000.00 4255 09/15/04 4274 10/12/04 2,000.00 4312 11/05/04 465.62 4339 12/12/04 4414 12/15/04 4422 01/04/05 4,291.53 4439 01/12/05 157.42 4472 02/28/05 4475 03/07/05 4487 03/20/05 1,181.07 4480 03/20/05 249.14 4485 03/20/05 229.63 4506 04/05/05 4544 05/15!05 2,000.00 4555 05/24/05 67.00 4566 06115!05 1,240.10 4567 06/15/05 3,321.15 2000 06/24/05 4619 07!25/05 4664 09/23/05 4,629.76 38,699.92 2003 25,836.56 2004 Lottie Ivy Dixon Estate Exhibit A 4687 11 /01!05 4693 11/14/05 1,200.00 4341 11/15/05 750.00 4342 11/19/05 1,500.00 4371 12/30/05 4365 12/30/05 1,000.00 4369 12/30/05 200.00 4386 01/25/06 1,973.20 4715 03/04/06 87.00 4719 03/14/06 4722 03/22/06 122.00 4734 04/08/06 2,000.00 4756 05/19/06 1,000.00 4760 05/19/06 271.00 07/07/os 2,oaa.oo 07/27/06 500.00 08/08/06 1,000.00 09/01/06 1,000.00 4831 09/05/06 10/1o/os 1,oaa.oo a872 12/os/os 4877 12/16/06 4878 12/16/06 300.00 01/16/07 3,801.64 02/14/07 617.75 02/14/07 98.00 03/02/07 1,000.00 4905 03/20/07 1,000.00 05/04/07 6,966.78 22,016.80 2005 11,253.20 2006 13,484.17 2007 I U t AL5 154,743.74 Marshall CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the forgoing documents were served by f rst-class mail, postage prepared, upon the following: No V. Otto, Esquire Martson Law Offices 10 E. High Street Carlisle, PA 17013 Thomas A. French, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 ,,. U Kimberly M. Colonna Dated: July 20, 2009