HomeMy WebLinkAbout02-19-10IN RE:
ESTATE OF LOTTIE IVY DIXON
Deceased
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:ORPHANS' COURT DIVISION
:NO.21-07-0686
IN RE:
ESTATE OF GEORGE F. DIXON, JR.
Deceased
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVAI+~A
.~ ~,
:ORPHANS' COURT DIVISION
:N0.21-1994-0754 :f= ~~',~~ ~
~-
PETITION FOR SIXTY (60) DAY CONTINUANCE y ~,,,
OF AUDITOR'S HEARING ~
AND NOW comes George F. Dixon, III and Richard E. Dixon ("Petitioners"), by and
through their undersigned attorneys, and in support of their Petition for Continuance aver as
follows:
1. The status of the above consolidated matters is that a Hearing before the Auditor
is scheduled to begin Wednesday, February 24, 2010, and continue on Thursday and Friday,
February 25 and 26, as necessary. The matters involve a substantial estate with probate assets of
a value in excess of $1,000,000.
2. By order of this Court (Honorable J. Wesley Oler, Jr., Judge) dated December 11,
2009, prior counsel of record for the Petitioners was authorized to withdraw as counsel, which
they did the following week.
::;;
-~, ;
r~ E LL>
Ca~~ 1
~z~ -`
f`- .~.J
. ~ t ~.,,~..~
n. 'r~
_ . ;,;7
r`~-i
_i.~ <~
_., ;
4447108
3. Petitioners were given thirty (30) days to retain new counsel. New counsel for
Petitioners, attorneys from the law firm of Obermayer Rebmann Maxwell & Hippel LLP, entered
their appearance on January 22, 2010.
4. During this time, the case files were transferred from prior counsel -files
containing copies of extensive records and documents, largely without identification, and
voluminous discovery -all of which require identification and organization. In addition, the
files contained copies of certain documents, including motions and exhibits, that were
incomplete and/or illegible.
5. New counsel has made and continues to make a good faith effort to re-shape the
file, address substantive estate legal issues and adequately prepare the consolidated matters for
hearing, all during this three-week period. However, counsel is in need of more time.
6. Counsel has devoted substantial time and resources to these consolidated matters.
Substantial progress has been made on substantive estate issues and numerous objections on both
sides have been withdrawn and/or resolved by the parties. In fact, it appears that only one
objection remains outstanding -that relating to whether all assets includable in decedent's estate
were properly accounted for.
7. On February 10, 2010, Petitioners filed a Petition for Appointment of
Administrator Pro Tem pursuant to 20 Pa. C.S. §4301 on the basis of information that Marshall
L. Dixon, the executor of Lottie Ivy Dixon's estate, may have wrongfully taken decedent's assets
for his benefit and failed to account for those assets.
8. An additional sixty (60) days is requested to properly prepare the matters for
Hearing and which will enable new counsel to further streamline the case, further narrow the
2
4447108
issues, reduce the number of exhibits and explore proposals for potential resolution or global
settlement.
9. The undersigned attempted to contact other counsel to seek concurrence for this
Petition with the understanding that there will be no further continuance. Counsel for executor is
seeking a bifurcation of the hearing in the Auditor's directive and requested sixty (60) days to
respond to Petitioner's case. We are essentially asking for the same sixty (60) day
accommodation as newly-retained counsel for Petitioners in order to be able to make a more
cogent evidentiary presentation after an opportunity to explore further discussions with counsel
for Marshall Dixon and the estate.
WHEREFORE, Petitioners, George F. Dixon, III and Richard E. Dixon, request
this Honorable Court to enter an Order in the form attached.
Respectfully submitted,
OBERMAYER REBMANN
MAXWELL & HIPPEL LLP
Date: February ~ 9 , 2010 By; ~-- ~~.r.,•--
Walter W. Cohen, Esquire.
Attorney ID #12097
Kevin J. Kehner, Esquire
Attorney ID # 33539
200 Locust Street, Suite 400
Harrisburg, Pennsylvania 17101
717-234-9730
717-234-9734 (fax)
walter.cohen@obermayer.com
kevin.kehner@obermayer. com
3
4447108
VERIFICATION
I verify that the statements made in the foregoing Petition are true and correct to the best
of my knowledge, information and belief. I understand that the statements herein are made
subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
Kevin J. Kehner
Date: February ~, 2010
4
4447108
IN RE:
ESTATE OF LOTTIE IVY DIXON .
Deceased
:ORPHANS' COURT DIVISION
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 21-07-0686
IN RE:
ESTATE OF GEORGE F. DIXON, JR.
Deceased
:ORPHANS' COURT DIVISION
:N0.21-1994-0754
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
CERTIFICATE OF SERVICE
I, Kevin J. Kehner, hereby certify that I caused to be served a true and correct copy of the
attached Petition to Continue the Auditor's Hearing by Hand Delivery and First-Class Mail,
postage prepaid:
Elizabeth P. Mullaugh, Esquire
McNEES, WALLACE &NURICK
100 Pine Street
P.O. Box 1166
Harrisburg, Pennsylvania 17108-1166
Daniel L. Sullivan, Esquire
SAIDIS FLOWER & LINDSAY
2109 Market Street
Camp Hill, Pennsylvania 17011
Mark D. Bradshaw, Esquire
STEVENS & LEE
Harrisburg Market Square
17 North Second Street, 16`h Floor
Harrisburg, Pennsylvania 17101
Date: February ~ ~ , 2010
Kimberly M. Colonna, Esquire
McNEES, WALLACE &NURICK
100 Pine Street
P.O. Box 1166
Harrisburg, Pennsylvania 17108-1166
__\~
Kevin J. Ke er, Esquire