HomeMy WebLinkAbout11-21-03IN RE: JOSEPH D. AND JANE W. BRENNER
TRUST
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-2003-879
OBJECTIONS TO THE SCHEDULE OF PROPOSED DISTRIBUTION
AND FIRST AND FINAL ACCOUNT OF MANUFACTURERS AND
TRADERS TRUST CO., CO-TRUSTEE
Joseph D. Brenner, Sr., Joseph D. Brenner, Jr., and Margaret Bushey, by their
attorneys, Tonkon Torp LLP and Snelbaker, Brenneman & Spare PC, submit these Objections to
the Schedule of Proposed Distribution and First and Final Account of Manufacturers and Traders
Trust Co. ("M&T"), Co-Trustee, as follows:
1. Joseph D. Brenner, Sr. ("Brenner Sr."), Joseph D. Brenner, Jr. ("Brenner
Jr."), and Margaret Bushey (collectively "the Brenner Family"), objectors herein, are each adult
individuals residing in Carlisle, Pennsylvania.
2. Brenner Sr. was the husband of Jane W. Brenner, deceased. Brenner Sr.
and Jane W. Brenner together created the Joseph D. and Jane W. Brenner Trust ("Brenner
Trust"), also identified by account number 43-1075-60-5.
3. Brenner Jr. and Bushey are children of Brenner Sr. and Jane W. Brenner.
Brenner Jr. and Bushey are present beneficiaries of the Brenner Trust, and their children are
contingent beneficiaries of the Brenner Trust. Brenner Jr. and Bushey are also co-Trustees of the
Brenner Trust, and they do not join in M&T's accounting.
4. On June 12, 2002, while acting as co-Trustee, M&T liquidated all Tyco
stock holdings in the Blakely Trust.
5. Since June 12, 2002, there has been an ongoing dispute between M&T and
the Brenner Family, regarding M&T's conduct as co-trustee of the Brenner Trust.
6. On August 22, 2003, the Brenner Family filed suit against M&T, an M&T
employee, and a former M&T employee, in the Civil Division of the Court of Common Pleas of
Cumberland County (Civil Case No. 03-4125), in connection with M&T and its employees'
conduct as co-trustee of the Brenner Trust and three other trusts established by Brenner Sr.
and/or Jane W. Brenner.
7. On or about October 24, 2003, M&T filed its Schedule of Proposed
Distribution and First and Final Account for the Brenner Trust in the Orphans' Court Division of
the Court of Common Pleas of Cumberland County. Confirmation is scheduled for November
25, 2003, at 9:30 a.m.
8. Brenner, Sr., Brenner Jr., and Bushey object to the Schedule of Proposed
Distribution and First and Final Account for the following reasons:
a. There are outstanding questions of fact and law regarding the
propriety of M&T's conduct as co-Trustee of the Brenner Trust. The Brenner
Family's allegations regarding M&T's breaches of fiduciary duty are contained in
the civil complaint, which is incorporated by reference and attached hereto as
Exhibit A for the court's convenience..
b. The Brenner Family filed its complaint against M&T in the Civil
Division over two months prior to M&T filing its Schedule of Proposed
Distribution and First and Final Account in the Orphans' Court Division. As
such, the outstanding factual and legal questions regarding M&T's conduct as co-
trustee are properly for the Civil Division to resolve prior to the Orphans' Court
taking any action in connection with the trust.
c. It would be improper for this court to confirm M&T's Schedule of
Proposed Distribution and First and Final Account for the Brenner Trust prior to
the Civil Division's resolution of the outstanding factual and legal questions, and
doing so could have a prejudicial effect on the pending civil litigation.
d. M&T's preliminary objections to the civil complaint are scheduled
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for argument in the Civil Division on December 3, 2003.
e. The Brenner Family further objects to the Schedule of Proposed
Distribution and First and Final Account on the grounds that they have not had
sufficient opportunity to review the financial data contained therein in order to
assure its accuracy.
f. The Brenner Family further objects to the Schedule of Proposed
Distribution and First and Final Account on the grounds that all persons known to
have or claim an interest in the trust have not received notice of the Schedule of
Proposed Distribution and First and Final Account, or the date, time and place of
the audit, as required by Orphans' Court Rule 6.3. The Brenner Family intends to
coordinate with M&T to provide notice to the multiple contingent beneficiaries of
the trust, but such beneficiaries have not received notice to date and have not had
an opportunity to file their own objections.
g. The Brenner Family further objects to the Schedule of Proposed
Distribution and First and Final Account on those additional grounds to be
determined upon a complete review of the fihancial data contained therein.
WHEREFORE, Joseph D. Brenner, Sr., Joseph D. Brenner, Jr., and Margaret
Bushey, request this Court to deny confirmation of the Schedule of Proposed Distribution and
First and Final Account of Manufacturers and Traders Trust Co., Co-Trustee, until such time as
the objections raised herein are addressed and resolved, and the litigation pending in the Civil .
Division is concluded.
DATED this ~t day of November, 2003.
SNELBAKER, BRENNEMAN & SPARE, P.C.
By
Keith O. Brenneman, Esquire
Richard C. Snelbaker, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Joseph D. Brenner, Sr., Joseph D.
Brenner, and Margaret B. Bushey
TONKON TORP LLP
F.'~Vlartsqn, Jr.', osl~ No. 72163
William
Robyn E. Ridler, OSB No. 00016
1600 Pioneer Tower
888 SW Fifth Avenue
Portland, OR 97204
(503) 802-2005
Attorneys for Joseph D. Brenner, Sr., Joseph D.
Brenner, Jr., and Margaret B. Bushey
031590\00001 X543010 VO01
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JOSEPH D. BRENNER, SR., JOSEPH D.
BRENNER, JR., and MARGARET B. BUSHEY,
Plaintiffs,
MANUFACTURERS AND TRADERS TRUST
COMPANY, a New York corporation, DAVID C.
GORITY, an individual, and CURT R.
STAUFFER, an individual,
Defendants.
X
X
IN THE COURT OF-COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION- LAW
JURY TRIAL DEMANDED
COMPLAINT
PARTIES
Plaintiff Joseph D. Brenner, Sr. ("Brenner Sr.") is and was, at all material times,
an individual residing in Carlisle, Cumberland County, Pennsylvania. Brenner Sr. is suing in his
capacity as a trustee of three certain trusts described herein.
Plaintiff Joseph D. Brenner, Jr. ("Brenner Jr.") is and was, at all material times, an
individual residing in Carlisle, Cumberland County, Pennsylvania. Brenner Jr. is suing in his
capacity as a trustee of a certain trust described herein.
o
PlaintiffMargaret B. Bushey ("Bushey") is and was, at all material times, an
individual residing in Carlisle, Cumberland County, Pennsylvania. Bushey is suing in her
capacity as a trustee ora certain trust described herein.
Upon infom~ation and belief, defendant Manufacturers and Traders Trust
EXHIBIT A
Company ("M&T") is and was, at all material times, a New York corporation doing business in
Cumberland County, Pennsylvania. M&T is the successor in interest of Farmers Trust Company.
5.
Upon information and belief, defendant David C. Gority, is and was, at all
material times, an individual residing in Carlisle, Cumberland County, Pennsylvania.
6.
Upon information and belief, defendant Curt R. Stauffer, is and was, at all
material times, an individual residing in Mechanicsburg, Cumberland County, Pennsylvania.
FACTS COMMON TO ALL CLAIMS
7.
PlaintiffBrenner Sr. is the former CEO of Amp, Inc. ("Amp"), an electrical
products company based in Harrisburg, Pennsylvania, that was acquired by Tyco International
Ltd. ("Tyco") in 1998. As an executive of Amp, Brenner Sr. acquired numerous shares of Amp
stock, which were subsequently converted into shares of Tyco stock.
8.
L
Plaintiffs Brenner Jr. and Bushey are two of the four children of Brenner Sr. and
his xvife Jane Brenner, now deceased.
Katherine B. Menges.
The other two children are Nancy B. Blakely and
In the early 1990s, Brenner Sr. and Jane Brenner created several trusts for the
benefit of their children and grandchildren. The sole assets placed into these trusts were shares
of Amp stock.
10.
On or about November 23, 1994, Brenner Sr. and Jane Brenner executed an
Irrevocable Agreement of Trust, which created a trust for the benefit of their four children and,
upon their children's deaths, their grandchildren (hereinafter "the Grandchildren's Trust"). Under
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the terms of the trust instrument, defendant M&T (as successor to Farmers Trust Company),
plaintiff Bushey, and plaintiff Brenner Jr. have been co-trustees of the Grandchildren's Trust
since Jane Brenner's death on October 24, 1997.
11.
The Grandchildren's Trust is maintained at M&T and is identified by M&T as
account number 43-1075-60-5.
12.
On or about November 23, 1994, Jane Brenner executed an Amendment and
Restatement to Declaration of Trust, which created four trusts, hereinafter referred to as the Jane
Brenner "A" Trust, the Jane Brenner "B" Trust, the Jane Brenner "C" Trust, and the Blakely Trust
(hereinafter, collectively, "the Children's Trusts"). These trusts are for the benefit of Brenner Sr.
and the four Brenner children. Under the terms of the trust instrument, defendant M&T (as
successor to Farmers Trust Company) and plaintiff Brenner Sr. have been co-trustees of the
Children's Trusts since Jane Brenner's death on October 24, 1997.
13.
The Jane Brenner "A" Trust was never ffinded and is not at issue in this litigation.
14.
The Jane Brenner "B" Trust is maintained at M&T and is identified by M&T as
account number 32-1056-60-8.
15.
The Jane Brenner "C" Trust is maintained at M&T and is identified by M&T as
account number 32-1057-60-6.
16.
The Blakely Trust is maintained at M&T and is identified by M&T as account
number 41-7090-60-2.
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17.
Since his wife Jane Brenner's death on October 24, 1997, Brenner Sr.'s health and
business acumen have both declined significantly. This fact is and was well known to M&T.
Plaintiffs have a long-standing business relationship with M&T Vice President and Trust Officer
David Gority ("Gority"). Gority has been the M&T officer principally responsible for fulfilling
M&T's fiduciary obligations in regards to the Children's TrUsts and the Grandchildren's Trust
since the trusts' creation. Among other things, Gority knows that Brenner Sr. is years old,
suffers profound hearing loss, and has significantly impaired vision due to cataracts. On several
occasions since Jane Brenner's death, Gority has communicated to plaintiffBushey his
perception that Brenner Sr. is easily confused about financial details, requires information to be
repeated multiple times (often over a period of days), and generally seems to be slowing down
and losing confidence in his ability to make business decisions.
18.
Because of the decline in Brenner Sr.'s health and abilities, and given Brenner Jr.
and Bushey's status as co-trustees of the Grandchildren's Trust, Gority has consistently invited
Brenner Jr. and Bushey to attend meetings involving the discussion or decision of substantive
financial issues for the Children's Trusts since 1997. In fact, in or about the summer of 1998,
Gority told Bushey that he believed she and/or her brother should attend any meetings at which
decisions xvould be made about the Children's Trusts in light of Brenner Sr.'s reduced capacity.
Bushey agreed. She and her brother, either or both, attended all subsequent meetings regarding
the Children's Trusts to which Gority invited them. On at least one occasion, Brenner Sr.'s
accourttant also attended a meeting to assist him.
19.
In fall 2001, Curt Stauffer, an Assistant Vice President and Portfolio Manager at
M&T, began assisting Gority with the exercise of M&T's fiduciary obligations regarding the
Children's Trusts and the Grandchildren's Trust.
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20.
On or about January 23, 2002, Gority and Stauffer recommended to plaintiffs on
M&T's behalf that they diversify the investments held in the various trusts. Plaintiffs agreed to a
plan to liquidate approximately 20% of the Tyco stock held in the trusts. Gority indicated in a
letter dated February 1, 2002, that 20% liquidation was "well within the parameters we are
comfortable with."
21.
As a result of the discussion with M&T, the trustees of the Grandchildren's Trust
ultimately sold 40% of the Tyco stock held in that trust during the first half of 2002. No Tyco
stock was sold from the Children's Trusts, however.
22.
On or about March 6, 2002, acting on behalfofM&T, Stauffer sent a letter to
Brenner Sr. recommending that, in light of various negative market events that had reduced the
value of Tyco stock, the investments in the Children's Trusts should be diversified. Stauffer
recommended that a "liquidation plan should be in place and carried out in a disciplined and
timely manner;" stated that "market prices...need not dictate the progress of the liquidation
plan;" and concluded that Tyco stock appeared to "represent a good investment opportunity as
part of a diversified portfolio." Stauffer also indicated that M&T believed the contemporaneous
"panic" surrounding Tyco stock was largely unwarranted. Thus, Stauffer encouraged Brenner Sr.
to agree to sell some, but not all, of the Tyco stock in the trusts. This letter was copied to
Brenner Jr., Bushey, and Gority.
23.
Brenner Sr. believed firmly in Tyco's fundamental financial soundness and, as a
result, believed that it ~vas wise to continue holding Tyco stock both personally and in the
Children's Trusts. He therefore continued to resist selling Tyco stock from the Children's Trusts.
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24.
On Monday, June 3, 2002, Tyco's CEO was arrested and charged with tax evasion.
This event had a negative impact on the stock price.
25.
On Friday, June 7, 2002, Stauffer called plaintiffBushey in a panic. Stauffer told
Bushey that Gority was on vacation so he was taking it upon himself to call her, Brenner Jr., and
Brenner Sr. regarding the Tyco situation. Stauffer told Bushey that M&T was "eliminating its
position in Tyco immediately" and advised plaintiffs to do the same. Stauffer breathlessly
described his concerns about Tyco and indicated that he would call Bushey later to set up a time
to meet the following week once Gority returned from vacation. Stauffer made a similar call to
Brenner Jr.
26.
On or about Tuesday, June 11, 2002, Stauffer telephoned Brenner St'. and asked
him to come by M&T's Carlisle office on Wednesday, June 12, at which time Gority would be
back from vacation. Brenner Sr. agreed to come to the bank for a brief informational meeting
about the Tyco situation.
27.
When Brenner Sr. arrived at M&T on June 12, 2002, Stauffer and Gority were
already on a conference call with a senior M&T representative in Buffalo, New York. In contrast
to the informational meeting Brenner Sr. expected, Gohty and Stauffer's actual purpose in calling
the meeting was to convince Brenner Sr. to liquidate one-third of the Tyco stock in the Children's
Trustsfimmediately and to quickly liquidate the remainder if the stock price fell fi~rther. Indeed,
Stauffer and Gority had already prepared documents for Brenner Sr. to sign allowing immediate
liquidation of one-third of the Tyco shares in each of the Children's Trusts, and placement of a
"stop loss order" at $9.00 on all remaining Tyco shares in those trusts.
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28.
Gority and Stauffer were intent upon getting Brenner Sr. to agree to their
liquidation plan and sign the documents. However, Brenner Sr. did not want to sell any Tyco
stock, and Gority and Stauffer knew the strength of Brenner's belief in Tyco's fundamental
financial soundness. Convinced of the correctness of their own desired course of action,
however, Gority and Stauffer did not adequately explain their liquidation plan to Brenner Sr. and
took advantage of his reduced capacity to pressure him into signing the documents. Ultimately,
under pressure from his co-trustees, Brenner Sr. agreed to sell one-third of the Tyco stock held in
the Children's Trusts if it reached $10.50. The documents Gority and Stauffer had Brenner Sr.
sign, ho`,vever, did not provide for the disposition Brenner Sr. understood he `,vas agreeing to.
Rather, they provided for immediate liquidation of one-third of the Tyco stock in the Children's
Trusts, and placed a "stop loss order" at $9.00 for the remaining two-thirds of the Tyco shares.
Brenner Sr. did not understand or agree to this plan.
29.
Neither Brenner Jr. nor Bushey ,,vas present at the meeting on June 12, 2002.
M&T never notified either of them of the meeting, and they were both unaware it was taking
place. Thus, M&T extracted Brenner Sr.'s "agreement" to liquidate the only assets in the
Children's Trusts without anyone present to help him understand M&T's proposal or the
documents M&T told him to sign. M&T's actions were in direct contravention of Gority's
agreement with Bushey and Brenner Jr. about substantive meetings, the established course of
practice for substantive meetings since summer 1998, and M&T's fiduciary duties regarding the
Children's Trusts.
30.
Immediately upon Brenner Sr.'s departure from M&T, Gority and Stauffer
executed their liquidation plan. At 11:33 a.m., M&T caused 4,533 shares of Tyco stock in the
Jane Brenner "B" Trust (one-third of the total) to be sold at $10.23 per share. At the same time,
7
M&T caused 13,866 shares of Tyco stock in the Jane Brenner "C" Trust (one-third of the total) to
be sold at $10.23 per share. At 11:36 a.m., M&T caused 24,274 shares of Tyco stock in the
Blakely Trust (one-third of the total) to be sold at $10.23 per share. At 12:05 p.m., M&T caused
11,134 shares of Tyco stock in the Grandchildren's Trust (one-third of the total) to be sold at
$10.23 per share. M&T also entered "stop loss" orders for all of the remaining Tyco shares in all
of the trusts.
31.
Upon infom-~ation and belief, only after taking the actions described in paragraph
30 did M&T belatedly realize the potential implications of their failure to include Brenner Jr. and
Bushey in the decision on the Children's Trusts, as well as the fact that Brenner Jr. and Bushey
had not given approval as co-trustees of the Grandchildren's Trust. Gority and Stauffer knew
they had to get Brenner Jr. and Bushey to "agree" to M&T's improper actions in order to avoid
potential disaster.
32.
Pretending they had not yet acted, Gority quickly called plaintiffBushey shortly
after 12:00 p.m. on June 12, 2002, and informed her that her father had agreed to sell one-third of
the stock in the Children's Trusts at $10.50 and to put a $9.00 "stop loss" order on the remaining
stock. Gority told Bushey that the decision had been made, but that he wanted to make sure he
had Bushey and Brenner Jr.'s "consent." Bushey was surprised and confused that her father
would ever agree to the course of action M&T was representing he had. M&T was desperate to
get herfipproval, however, so Gority improperly pressured Bushey until she "agreed" to the
course of action her father had allegedly taken on the Children's Trusts.
33.
Immediately after speaking to Bushey, Gority next telephoned Brenner Jr. Gority
told him that Brenner Sr. had already agreed to the liquidation plan for the Children's Trusts and
that Bushey had agreed to the liquidation plan for the Grandchildren's Trust. Like Bushey,
Brenner Jr. was surprised and confused by what M&T was telling him. However, Gority
characterized the plan as "a done deal" and pressured Brenner Jr. to go along with his father's and
sister's purported wishes. Brenner Jr. ultimately "agreed" under this improper pressure to sell
one-third of the stock at $10.50. However, he was uncomfortable with the stop loss order and
told Gority he would get back to M&T on that issue.
34.
In a subsequent conversation with her brother, Bushey learned that she had
allegedly agreed to allow M&T's liquidation plan to be applied not only to the Children's Trusts
over which her father was named co-trustee, but also to the Grandchildren's Trust over which she
was co-trustee. In M&T's rush to get approval from Bushey, Gority had not adequately informed
Bushey that he was seeking her a~eement as to the disposition of assets in the Grandchildren's
Trust as well as the Children's Trusts. Bushey never agreed or intended to agree to liquidate the
Tyco shares in the Grandchildren's Trust.
35.
In the early afternoon of June 12, 2002, Tyco's stock price fell below $9.00 for a
short period of time.
36.
In the early afternoon of June 12, 2002, as a result of the "stop loss orders" entered
by M&T earlier that morning, all remaining Tyco shares were sold out of the various trusts at
$8.75 per share. Specifically, M&T caused the sale of 9,067 shares held in the Jane Brenner "B"
Trust; 27,734 shares held in the Jane Brenner "C" Trust; 48,468 shares held in the Blakely Trust;
and 225266 shares held in the Grandchildren's Trust.
37.
After M&T had executed the sale of all Tyco stock from the Children's Trusts and
the Grandchildren's Trust, David Gority sent a letter to Brenner Jr. and Bushey, dated June 12,
2002. Gority requested Brenner Jr. and Bushey sign the letter to confirm their alleged
9
authorization of M&T's actions.
employment.
Plaintiffs refitsed to sign.
38.
Subsequent to the events of June 12, 2002, M&T terminated Stauffer's
FIRST CLAIM FOR RELIEF
(Against Defendant M&T)
(Breach of Fiduciary DuW)
(Children's Trusts)
39.
Plaintiffs restate the allegations in paragraphs 1 through 38.
40.
M&T had an obligation to deal honestly with its co-trustee, Brenner Sr., in the
management of the Children's Trusts.
41.
M&T had an obligation to act in the best interests of the beneficiaries of the
Children's Trusts. "
42.
In light of Brenner Sr.'s failing health and reduced capacity, and pursuant to the
agreement reached between Gority and Bushey, M&T had an obligation to take appropriate and
necessary measures to protect the assets and beneficiaries of the Children's Trusts, including,
inter alia, involving Bushey and/or Brenner Jr. in any substantive decisions regarding the
Children's Trusts.
43.
M&T breached its fiduciary duties to the Children's Trusts by capitalizing on its
co-trustee Brenner Sr.'s reduced physical and mental condition in order to accomplish its
unilateral plan to liquidate all Tyco stock held by the trusts. M&T disposed of the entirety of the
10
assets in the Children's Trusts without the informed consent and agreement of its co-trustee.
44.
M&T breached its fiduciary duty by failing to include either Bushey or Brenner Jr.
in the meeting of June 12, 2002, which was in fact the most important, most substantive meeting
ever held regarding the Children's Trusts. If either Brenner Jr. or Bushey had been present to
explain what M&T wanted to their father, Brenner Sr. would not have "a~eed" to M&T's
liquidation plan or signed M&T's documents.
45.
M&T's panicked decision to liquidate the entirety ofthe Tyco stock held in the
Children's Trusts on June 12, 2002, was not in the best interests of the beneficiaries, and
therefore a breach of M&T's fiduciary duty to the beneficiaries.
46.
As a result of M&T's actions, the Children's Trusts have been damaged in the
amount of $764,573.
47.
Plaintiffs are also entitled to punitive damages as a result of M&T's conduct, since
M&T acted with intent or reckless indifference.
SECOND CLAIM FOR RELIEF
(Against Defendant M&T)
(Breach of Fiduciary Duty)
(Grandchildren's Trust)
48.
Plaintiffs restate the allegations in paragraphs 1 through 38.
49.
M&T had an obligation to deal honestly with its co-trustees, Bushey and Brenner
Jr., in the management of the Grandchildren's Trust.
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50.
M&T had an obligation to act in the best interests of the beneficiaries of the
Grandchildren's Trust.
51.
M&T breached its fiduciary duties to the Grandchildren's Trust by misleading and
coercing its co-trustees Brenner Jr. and Bushey to accede tO its unilateral decision to liquidate all
Tyco stock held by the trust. M&T disposed of the entirety of the assets in the Grandchildren's
Trust without the informed consent and agreement of its co-trustees.
52.
M&T's panicked decision to liquidate the entirety of the Tyco stock held in the
Grandchildren's Trust on June 12, 2002, was not in the best interests of the beneficiaries, and
therefore a breach of M&T's fiduciary duty to the beneficiaries.
53.
As a result of M&T's actions, the Grandchildren's Trust has been damaged in the
amount of $199,605.
5.:1..
Plaintiffs are also entitled to punitive damages as a result of M&T's conduct, since
M&T acted with intent or reckless indifference.
THIRD CLAIM FOR RELIEF
(Against Defendants Gority and Stauffer)
(Aiding and Abetting Breach of Fiduciary Duty)
(Children's Trusts)
55.
Plaintiffs restate the allegations in paragraphs 1 through 54.
56.
By their actions, Gority and Stauffer aided and abetted M&T's breach of' fiduciary
12
duty with respect to the Children's Trusts.
57.
As a result of Gority and Stauffer's actions, the Children's Trusts have been
damaged in the amount of $764,573.
FOURTH CLAIM FOR RELIEF
(Against Defendants Gority and Stauffer)
(Aiding and Abetting Breach of Fiduciary Duty)
(Grandchildren's Trust)
58.
Plaintiffs restate the allegations in paragraphs 1 through 54.
59.
By their actions, Gority and Stauffer aided and abetted M&T's breach of fiduciary
duty with respect to the Grandchildren's Trust.
60.
As a result of Gority and Stuaffer's actions, the Grandchildren's Trusts have been
damaged in the amount of $ 199,605.
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IIIII.
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WHEREFORE, plaintiffs Joseph D. Brenner, Sr., Joseph D. Brenner, Jr., and
Margaret B. Bushey, pray forjudgrnent against defendants Manufacturers and Traders Trust
Company, David C. Gority, and Curt R. Stauffer; for compensatory damages' against all
defendants in the amount of $964,178 on all claims; for punitive damages against defendant
Manufacturers and Traders Trust Company on the first and second claims; for interest at the
statutory rate of 6% from June 12, 2002, until paid, against all defendants on all claims; and for
such other relief as the court deems just and equitable.
DATED this ~ day of August, 2003.
SNELBAKER, BRENNEMAN & SPARE, P.C.
Keith O. Brenneman
Richard C. Snelbaker
Attorneys for Plaintiff
TONKON TORP LLP
Villiam F. MaSson, Jr., OSB No. 75
Rob~ E. Ridler, OSB No. 00016
Attorneys for Plaintiffs
163
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VERIFICATION
I verify that the statements made in the foregoing Complaint are true and
correct based upon personal knowledge, information and/or beliefi I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4909 relating to unswom falsification to authorities.
Date:
~s p'fi D. B(er/ner, Sr.
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and
correct based upon personal knowledge, information and/or belief. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4909 relating to unsworn falsification to authorities.
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and
correct based upon personal knowledge, inf~'~ination and/or belief. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4909 relating to unsworn falsification to authorities.
Date:
' ' ' FIECEIVED
AUG ~ ? 2003
JOSEPH D. BRENNER, SR., JOSEPH D.
BRENNER, JR., and MARGARET B. BUSHEY,
Plaintiffs,
Vo
MANUFACTURERS AND TRADERS TRUST
COMPANY, a New York corporation, DAVID C.
GORITY, an individual, and CURT R.
STAUFFER, an individual,
Defendants.
X
NOTICE
TONKON TORP LLP
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. 0..5. ,il3.5'
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with a court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAYWER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013-3302
(717) 249-3166
SNELBAKER, BRENNEMAN & SPARE, P.C.
By
Keith O. Brenneman
Richard C. Snelbaker
Attorneys for Plaintiffs
TONKON TORP L
72163
Robyn E. Ridler, OSB No. 000t6
Attorneys for Plaintiffs
VERIFICATION
I, Joseph D. Brenner, Sr., verify that the statements made in the foregoing
Objections are true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
VERIFICATION
I, Joseph D. Brenner, Jr., verify that the statements made in the foregoing
Objections are true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
/~ph D(Brenner, Jr. ~'
VERIFICATION
I, Margaret B. Bushey, verify that the statements made in the foregoing
Objections are tree and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities.
Mar~r~. Bu~hey
LAW OFFICES
SNELBAKER.
BrENNEMAN
& Spare
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
caused a tree and correct copy of the foregoing Objections to be served upon the person and in
the manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Christopher M. Cicconi, Esquire
Stevens & Lee
P. O. Box 11670
Harrisburg, PA 17108-1670
SNELBAKER, BRENNEMAN & SPARE, P.C.
Date:
November 21, 2003
By:
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Joseph D. Brenner, Sr., Joseph D.
Brenner, Jr. and Margaret B. Bushey