HomeMy WebLinkAbout12-21-11~ ~: : 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 RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF
LOTTIE IVY DIXON :ORPHANS' COURT DIVISION
DECEASED No.21-07-0686
RESPONSE OF MARSHALL DIXON, EXECUTOR,
TO THE BROTHERS' MOTION TO STRIKE AND DISMISS
THE EXECUTOR'S MOTION FOR ATTORNEYS' FEES
Marshall Dixon, in his capacity as Executor of the Estate of Lottie Ivy Dixon (the
"Executor"), files this response to George F. Dixon, III and Richard E. Dixon's Motion to Strike
the Executor's Motion for Attorneys' Fees and states as follows:
11. The Executor incorporates by reference the allegations of the "Motion for
Attorneys' Fees of Marshall Dixon, Executor of the Estate of Lottie Ivy Dixon."
12. Admitted in part and denied in part. The Executor admits that he did not serve a
notice demand upon the Brothers pursuant to Pa. R. Civ. P. 1023.2. The Executor denies that
any such notice or demand is required for the Executor to seek recovery of his fees from the
Brothers and their counsel.
13. Denied. The Executor's Motion for Attorneys' Fees is a writing that speaks for
itself. The conduct upon which the motion is based is set forth in detail in paragraph 6 of the
motion. The Executor denies that he was required, in the motion, to identify which of the
Brothers' counsel engaged in which of the various acts of improper conduct.
14. Admitted. By way of clarification, the Executor does not seek recovery of his
attorneys' fees pursuant to Pa. R. Civ. P. 1023.1 or 1023.2.
15. Denied. Under Pennsylvania law, the Brothers' counsel may be held jointly and
severally liable, with the Brothers for vexations, arbitrary, dilatory, frivolous, and bad faith
conduct.
WHEREFORE, the Marshall L. Dixon, in his capacity as the Executor of the Estate of
Lottie Ivy Dixon, requests that the Court deny the Brother's Motion to Strike and Dismiss.
McNEES WALLACE & NURICK LLC
By:
Elizabet . 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
Counsel for Marshall Dixon as Executor of the
Estate of Lottie Ivy Dixon
Date: December 20, 2011
2
VERIFICATION
Subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to
authorities, I, Kimberly M. Colonna, of McNees Wallace & Nurick LLC, attorneys for Marshall
Dixon, Executor of the Estate of Lottie Ivy Dixon, certify that the Executor lacks sufficient
knowledge and information to verify the facts not of record contained in the foregoing response,
as such facts relate to interactions between counsel. I further certify that I have information and
knowledge regarding the facts set forth in the foregoing response and that the facts contained
therein are true and correct to the best of my knowledge, information, and belief.
Kimber . Colonna
Dated: December 20, 2011
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the forgoing
document was served by first class mail, postage prepaid, addressed as follows:
Walter W. Cohen, Esquire
Kevin J. Kehner, Esquire
Obermayer Rebmann Maxwell &Hippel LLP
200 Locust Street, Suite 400
Harrisburg, PA 17101
Paul C. Heintz, Esquire
Nina B. Stryker, Esquire
Erin E. McQuiggan, Esquire
Obermayer Rebmann Maxwell &Hippel LLP
One Penn Center, 19`" Floor
1617 JFK Boulevard
Philadelphia, PA 19103
Mark Bradshaw, Esquire
Stevens & Lee, P.C.
17 N. Second St., 16`" Floor
Harrisburg, PA 17101
Daniel L. Sullivan, Esq.
Saidis Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
Wayne F. Shade, Esquire
53 W. Pomfret St.
Carlisle, PA 17013
Charlotte Ivy Dixon
323 Bayview Street
Camden, ME 04843
Kim rly . Colonna
Dated: December 20, 2011