HomeMy WebLinkAbout03-10-05
INRE: ESTATEOF
JOSEPH D. BRENNER, SR., JOSEPH D.
BRENNER, JR., and MARGARET B. BUSHEY,
Petitioners,
v.
MANUFACTURERS AND TRADERS TRUST
CaMP ANY, a New York corporation, DAVID C.
GaRITY, an individual, and CURT R.
STAUFFER, an individual,
Respondents.
IN RE: JOSEPH D. AND JANE W. BRENNER
TRUST
IN RE: JANE W. BRENNER TRUST UWO "B"
IN RE: JANE W. BRENNER TRUST UWO "C"
IN RE: NANCY B. BLAKELY TRUST
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-2004-08711'"
No. 21-2003-879
No. 21-2003-881
No. 21-2003-881
No. 21-2003-883
r. .~
C,/i
PETITIONERS' MOTION TO EXTEND TIME FOR ORAL ARGUMENT
REGARDING OBJECTIONS TO THE AUDITOR'S REPORT
February 10, 2005 ("Auditor's Report").
1. The Auditor filed his Report and Recommendation with the Court on
2. Respondent Manufacturer & Traders Trust Company ("M&T") filed a
timely Objection to the Auditor's Report on February 22, 2005.
3. Petitioners Margaret B. Bushey, Joseph D. Brenner, Jr., and Joseph D.
Brenner, Sr. filed timely Objections to the Auditor's Report on February 25,2005.
4. Both Petitioners' and Respondent's Objections have been praeciped for
oral argument before the Court on March 23,2005. It is reasonable that the two sets of
objections be argued together.
.
.
5. This is a complex case. The Auditor held four days of hearings to take
evidence, during which time 12 witnesses testified and the parties entered 119 exhibits. The
parties also submitted substantial pre-hearing and post-hearing briefing at the Auditor's request.
The Objections to the Auditor's Report filed by the parties raise at least five distinct legal issues.
There is a substantial amount of money at issue in connection with the Objections, including
millions of dollars in damages suffered by the trusts. Petitioners' counsel, William F. Martson,
Jr., will be traveling from Portland, Oregon, to Carlisle to argue the Objections to the Court.
6. For the foregoing reasons, it is necessary and appropriate to extend the
time for oral argument on the Objections to one hour per side. This request is made pursuant to
Cumberland County Rule of Procedure 210-9.
WHEREFORE, Petitioners respectfully request that the Court extend the time for
oral argument to one hour per side, during which both Petitioners' and Respondent's Objections
may be heard.
I ill..
DATED this ---1.l.L11ay of March, 2005.
TONKON TORP LLP
By ~bf14. 1?r ~A-/
William . Martson, Jr., OSB No. 72163
Robyn E. Ridler, OSB No. 00016
Attorneys for Petitioners
2
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CERTIFICATE OF SERVICE
I hereby certify that I served the foregoing PETITIONERS' MOTION TO
EXTEND TIME FOR ORAL ARGUMENT REGARDING OBJECTIONS TO THE
AUDITOR'S REPORT on:
Mark D. Bradshaw
Stevens & Lee
P. O. Box 11670
Harrisburg, P A 17108-1670
Of Attorneys for Respondents
[8] by mailing a copy thereof in a sealed, first-class postage prepaid envelope,
addressed to each attorney's last-known address and depositing in the U.S. mail at Portland,
Oregon on the date set forth below;
o by causing a copy thereof to be hand-delivered to said attorneys at each
attorney's last-known office address on the date set forth below;
o by sending a copy thereof via overnight courier in a sealed, prepaid envelope,
addressed to each attorney's last-known address on the date set forth below; or
o by faxing a copy thereof to each attorney at each attorney's last-known
facsimile number on the date set forth below.
DATED this /ly6 day of March, 2005.
TONKON TORP LLP
By 7J)b~!L'~Er'dhA /
William F. artson, Jr., OSB No. 72163
Robyn E. Ridler, OSB No. 00016
Attorneys for Petitioners
031590100001\617973 V001