HomeMy WebLinkAbout11-21-031N RE JANE W BRENNER TRUST UWO "B"
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
No 21-2003-881
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, who created
the Jane W Brenner Trust UWO "B" ("Jane 'B' Trust"), also identified by account number 32-
1056-60-8 Brenner Sr is the sole present beneficiary of the Jane "B" Trust Brenner Sr is also
co-trustee of the Jane "B" Trust, and he does not join in M&T's accounting
3 Brenner Jr and Bushey are children of Brenner Sr and Jane W Brenner
Brenner Jr, Brenner Jr's children, Bushey, and Bushey's children are all contingent beneficiaries
of the Jane "B" Trust
4 On June 12, 2002, while acting as co-Trustee, M&T liquidated all Tyco
stock holdings in the Jane "B" 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 Jane "B" 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 Jane "B" 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
Distnbution and First and Final Account for the Jane "B" 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 Jane "B" 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 Jane "B" 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
for argument ~n the Civil D~ws~on on December 3, 2003
e The Brenner Family further objects to the Schedule of Proposed
D~stnbut~on and F~rst and F~nal Account on the grounds that they have not had
suffiment opportumty to rewew the financtal data contmned there~n ~n order to
assure its accuracy
f The Brenner Family further objects to the Schedule of Proposed
D~stnbut~on and F~rst and F~nal Account on the grounds that all persons known to
have or clmm an ~nterest ~n the trust have not received notme of the Schedule of
Proposed D~stnbut~on and Ftrst and F~nal Account, or the date, ttme and place of
the au&t, as reqmred by Orphans' Court Rule 6 3 The Brenner Family ~ntends to
coordinate wtth M&T to provtde nottce to the multiple conttngent beneficiaries of
the trust, but such beneficiaries have not recmved not~ce to date and have not had
an opportumty to file their own objections
g The Brenner Family further objects to the Schedule of Proposed
D~stnbutmn and F~rst and F~nal Account on those additional grounds to be
determined upon a complete rewew of the financial data contmned theretn
WHEREFORE, Joseph D Brenner, Sr., Joseph D Brenner, Jr, and Margaret
Bushey, request th~s Court to deny confirmation of the Schedule of Proposed D~stnbut~on and
F~rst and Ftnal Account of Manufacturers and Traders Trust Co, Co-Trustee, until such t~me as
the objections rinsed herein are addressed and resolved, and the litigation pending ~n the Clwl
D~wsxon Is concluded
DATED th~s ~l dayofNovember, 2003
By ~'~' et/ o- ~
R~chard C Snelbaker, Esquire
Ke~th O Brenneman, Esquire
44 W Main Street
Mechamcsburg, PA 17055
(717) 697-8528
Attorneys for Joseph D Brenner, Sr, Joseph D
Brenner, Jr, and Margaret B Bushey
TONKON TORP LLP
Wdllam F Martson, Jr, OSB No 72163
Robyn E Rldler, 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
4
JOSEPH D BRENNER, SR, JOSEPH D
BRENNER, JR, and MARGARET B BUSHEY,
Plaintiffs,
1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
MANUFACTURERS AND TRADERS TRUST
COMPANY, a New York corporation, DAVID C JURY TRIAL DEMANDED
GORITY, an indlwduat, and CURT R
STAUFFER, an ~ndividual,
Defendants
COMPLAINT
PARTIES
1
Plaintiff Joseph D Brenner, Sr ("Brenner Sr ") is and ~as, 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
2
Plaintiff Joseph D Brenner, Jr ("Brenner Jr ") is and was, at all material t~mes, an
individual residing in Carlisle, Cumberland County, Pennsylvania Brenner Jr is suing in his
capacity as a trustee of a certain trust described herein
3
PlaintlffMargaret B Bushey ("Bushey") is and was, at all material times, an
individual residing in Carlisle, Cumberland County, Pennsylvama Bushey is suing in her
capacity as a trustee of a certain trust described herein
4
Upon infom~ation and belief, defendant Manufacturers and Traders Trust
EXHIBIT A
Company ("M&T") ~s and xvas, at ali material times, a New York corporation doing business In
Cumberland County, Pennsylvama M&T is the successor in interest of Fam~ers Trust Company
5
Upon information and behef, defendant David C Gonty, 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 Mechamcsburg, Cumberland County, Pennsylvania
FACTS COMMON TO ALL CLAIMS
7
PlaintlffBrenner Sr is the fom~er CEO of Amp, Inc ("Amp"), an electrical
products company based in Harrisburg, Pem~sylvanla, 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
Plaintiffs Brenner Jr and Bushey are two of the four children of Brenner Sr. and
his wife Jane Brenner, now deceased The other two children are Nancy B Blakely and
Katherine B Menges
9
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
2
the terms of the trust instrument, defendant M&T (as successor to Farmers Trust Company),
plamtlffBushey, and pla~ntlffBrenner Jr have been co-trustees of the Grandchddren's Trust
since Jane Brenner's death on October 24, 1997
11
The Grandchildren's Trust is mamtmned 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 plmntlffBrenner 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 funded and ~s not at Issue in th~s ht~gatmn
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 ldenttfied by M&T as
account number 32-1057-60-6
16
The Blakely Trust Is mmntamed at M&T and ~s 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 Gorlty ("Gonty") Gonty has been the M&T officer pnncipally responsible for fulfilhng
M&T's fiduciary obligations in regards to the Children's Trusts and the Grandchildren's Trust
since the trusts' creation Among other things, Gonty knows that Brenner Sr IS 8~,ears old,
suffers profound hearing loss, and has significantly impaired vision due to cataracts On several
occasions since Jane Brenner's death, Gonty has communicated to plalnttff'Bushey 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, Gorlty 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,
Gonty told Bushey that he believed she and/or her brother should attend any meetings at which
decisions would 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 Gonty invited them On at least one occasion, Brenner Sr's
accountant 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 Gonty with the exemlse of M&T's fiduciary obligations regarding the
Children's Trusts and the Grandchildren's Trust
20
On or about January 23, 2002, Gorlty and Stauffer recommended to plaintiffs on
M&T's behalf that they diversify the Investments held tn the various trusts Plaintiffs agreed to a
plan to liquidate apprommately 20% of the Tyco stock held m the trusts Gorlty mdmated tn a
letter dated February 1, 2002, that 20% bqmdatton 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, tn hght of various negative market events that had reduced the
value of Tyco stock, the investments tn the Chddren's Trusts should be diversified Stauffer
recommended that a "hqutdatton 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 opportumty as
part ofa dtversffied portfolio" Stauffer also lndmated that M&T beheved the contemporaneous
"pamc" 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 Gonty
23
Brenner Sr beheved firmly in Tyco's fundamental financial soundness and, as a
result, believed that it ,,vas wise to continue holding Tyco stock both personally and tn the
Children's Trusts He therefore continued to resist selling Tyco stock from the Chddren's Trusts
/////
24
On Monday, June 3, 2002, Tyco's CEO was arrested and charged w~th tax evasion
Tins event had a negative Impact on the stock price
25
On Friday, June 7, 2002, Stauffer called platnt~ffBushey in a panic Stauffer told
Bushey that Gonty was on vacation so he was taking tt upon himself to call her, Brenner Jr, and
Brenner Sr regarding the Tyco situation Stauffer told Bushey that M&T was "ehmmattng Its
poslttOtl tn Tyco immediately" and advised plaintiffs to do the same Stauffer breathlessly
described Ins concerns about Tyco and ~ndtcated that he would call Bushey later to set up a time
to meet the following week once Gonty returned from vacation Stauffer made a stnnlar call to
Brenner Jr
26
On or about Tuesday, June 1 l, 2002, Stauffer telephoned Brenner St and asked
Inm to come by M&T's Carlisle office on Wednesday, June 12, at which time Gonty 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 arrayed at M&T on June 12, 2002, Stauffer and Gonty were
already on a conference call w~th a semor M&T representative tn Buffalo, New York In contrast
to the informational meeting Brenner Sr expected, Gonty and Stauffer's actual purpose ~n calhng
the meeting was to convince Brenner Sr to hqmdate one-tinrd of the Tyco stock tn the Children's
Trusts Immediately and to qumkly hquidate the remainder ffthe stock price fell fitrther Indeed,
Stauffer and Gonty had already prepared documents for Brenner Sr to s~gn allowing ~mmed~ate
hqmdat~on of one-third of the Tyco shares tn each of the Cinldren's Trusts, and placement of a
"stop loss order" at $9 00 on all remmnmg Tyco shares tn those trusts
/////
6
28
Gonty and Stauffer were ~ntent upon getting Brenner Sr to agree to their
hqmdatlon plan and s~gn the documents However, Brenner Sr did not want to sell any Tyco
stock, and Gonty and Stauffer knew the strength of Brenner's belief ~n Tyco's fundamental
financial soundness Convinced of the correctness ofthe~r own desired course of action,
however, Gonty and Stauffer d~d not adequately explain their hquidatmn plan to Brenner Sr and
took advantage of his reduced capacity to pressure hm~ into signing the documents Ultimately,
under pressure from h~s co-trustees, Brenner Sr agreed to sell one-third of the Tyco stock held in
the Chddren's Trusts ~f~t reached $10 50 The documents Gonty and Stauffer had Brenner Sr
sign, however, d~d not prowde for the disposition Brenner Sr understood he was agreeing to
Rather, they promded for lmmedmte hqmdation of one-third of the Tyco stock in the Children's
Trusts, and placed a "stop loss order" at $9 00 for the remalmng two-thirds of the Tyco shares
Brenner Sr did not understand or agree to th~s plan
29
Nmther Brenner Jr nor Bushey '.vas present at the meeting on June 12, 2002
M&T never notified e~ther of them of the meeting, and they were both unaware it was taking
place Thus, M&T extracted Brenner Sr's "agreement" to hquldate the only assets m the
Children's Trusts without anyone present to help h~m understand M&T's proposal or the
documents M&T told h~m to sign M&T's actmns were ~n d~rect contravention of Gonty'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 duttes regarding the
Children's Trusts
3O
Immediately upon Brenner Sr's departure from M&T, Gonty and Stauffer
executed the,r hquldatmn plan At 11 33 a m, M&T caused 4,533 shares of Tyco stock ~n 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 tn 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 information 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 m 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 Grandchddren's Trust Gonty 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, Gonty quickly called plaintiff Bushey 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 Gorlty 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 her approval, however, so Gonty 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, Gorlty next telephoned Brenner Jr Gonty
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,
8
Brenner Jr was surprised and confused by what M&T was telhng him Hov, ever, Gonty
characterized the plan as "a done deal" and pressured Brenner Jr to go along wtth his father's and
stster's purported wtshes Brenner Jr ultimately "agreed" under thts tmpmper pressure to sell
one-third of the stock at 5;10 50 However, he was uncomfortable with the stop loss order and
told Gonty he would get back to M&T on that issue
34
In a subsequent conversatmn wtth her brother, Bushey learned that she had
allegedly agreed to allow M&T's hqmdat~on plan to be apphed not only to the Children's Trusts
over v~hlch her father was named co-trustee, but also to the Grandchildren's Trust over whtch she
was co-trustee In M&T's rash to get approval from Bushey, Gonty had not adequately tnformed
Bushey that he was seektng her agreement as to the dlsposltton of assets ~n the Grandchtldren's
Trust as well as the Chddren's Trusts Bushey never agreed or tntended to agree to hqmdate the
Tyco shares tn the Grandcinldren's Trust
35
In the early afternoon of June 12, 2002, Tyco's stock price fell below $9 00 for a
short period of t~me
36
In the early afternoon of June 12, 2002, as a result of the "stop loss orders" entered
by M&T earher that mormng, all remalmng Tyco shares were sold out of the various trusts at
$8 75 per share Spectfically, M&T caused the sale of 9,067 shares held ~n the Jane Brenner "B"
Trust, 27,734 shares held tn the Jane Brenner "C" Irust, 48,468 shares held m the Blakely Trust,
and 22,266 shares held m the Grandchddren's Trust
37
After M&T had executed the sale of all Tyco stock from the Children's Trusts and
the Grandchddren's Trust, Davtd Gonty sent a letter to Brenner Jr and Bushey, dated June 12,
2002 Gonty requested Brenner Jr and Bushey s~gn the letter to confirm their alleged
9
authonzatton ofM&T's actxons Plamttffs refitsed to s~gn
38
Subsequent to the events of June 12, 2002, M&T terminated Stauffer's
employment
FIRST CLAIM FOR RELIEF
(Against Defendant M&T)
(Breach of Fiduciary Duty)
(Children's Trusts)
39
Plaintiffs restate the allegattons m paragraphs l through 38
40
M&T had an obhgatton to deal honestly w~th ~ts co-trustee, Brenner Sr, ~n the
management of the Chddren's Trusts
41
M&T had an obhgatlon to act tn the best interests of the benefictanes of the
Chddren's Trusts
42
In hght of Brenner Sr's fmhng health and reduced capacity, and pursuant to the
agreement reached between Gonty and Bushey, M&T had an obhgatmn to take appropriate and
necessary measures to protect the assets and benefictanes of the Children's Trusts, ~nclud~ng,
~nter aha, ~nvolmng Bushey and/or Brenner Jr In any substanttve dec,stuns regarding the
Chtldren's Trusts
43
M&T breached its fiducmry duttes to the Children's Trusts by cap~tahztng on ~ts
co-trustee Brenner Sr's reduced physmal and mental cond~tton tn order to accomphsh ~ts
umlateral plan to hqmdate all Tyco stock held by the trusts M&T d~sposed of the enttrety of the
10
assets tn the Children's Trusts w~thout the inforraed consent and agreement of its co-trustee
44
M&T breached ~ts fiducmry duty by fading to ~nclude either Bushey or Brenner Jr.
in the meeting of June 12, 2002, whmh was ~n fact the most ~mportant, 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 "agreed" to M&T's
hquldat~on plan or signed M&T's documents
45
M&T's pamcked decision to hqmdate the entirety of the Tyco stock held m the
Chddren's Trusts on June 12, 2002, was not in the best ~nterests of the beneficiaries, and
therefore a breach of M&T's fiduciary duty to the beneficiaries
46
As a result o£M&T's actmns, the Children's Trusts have been damaged in the
amount of $764,573
47
Plalnttffs are also entitled to putative damages as a result of M&T's conduct, since
M&T acted v~lth 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 I through 38
49
M&T had an obhgat~on to deal honestly with its co-trustees, Bushey and Brenner
Jr, In the management of the Grandchddren's Trust
11
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 decmion 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
54
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, Gonty and Stauffer aided and abetted M&T's breach of fiduciary
12
duty v, lth respect to the Children's Trusts
57
As a result of Gonty 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 ~n paragraphs 1 through 54
59
By their actions, Gonty and Stauffer reded and abetted M&T's breach of fiduciary
duty w~th respect to the Grandchildren's Trust
60
As a result of Gonty and Stuaffer's actions, the Grandchildren's Trusts have been
damaged m the amount of $199,605
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13
WHEREFORE, plmnt~ffs Joseph D Brenner, Sr, Joseph D Brenner, Jr, and
Margaret B Bushey, pray for judgment against defendants Manufacturers and Traders Trust
Company, David C Gonty, and Curt R Stauffer, for compensatory damages agmnst all
defendants ~n the amount of $964,178 on all clmms, for pumtwe damages against defendant
Manufacturers and Traders Trust Company on the first and second clmms, for ~nterest at the
statutory rate of 6% from June 12, 2002, until pard, agmnst all defendants on all clmms, and for
such other rehef as the court deems just and eqmtable
DATED th~s ~)& dayofAugust, 2003
SNELBAKER, BRENNEMAN & SPARE, P C
By ~ ~
Ke~th O Brenneman
R~chard C Snelbaker
Attorneys for Plmnt~ff
TONKON TORP LLP
m-F Martson, Jr, OSB No 75
Robyn E R~dler, OSB No 00016
Attorneys for Plaintiffs
163
14
VERIFICATION
I verify that the statements made ~n the foregoing Complaint are true and
correct based upon personal knowledge, ~nformatton and/or behef I understand
that false statements herein are made subject to the penalties of 18 Pa C S Section
4909 relating to unswom falstficatmn to author,t~es
Date'
yERIFICATION
I verify that the statements made m the foregoing Complaint are true and
correct based upon personal knowledge, ~nformatmn 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
VERIFICATION
I verify that the statements made Jn the foregoing Complmnt are true and
correct based upon personal knowledge, lnfc~mat,on and/or behef I understand
that false statements here~n are made subject to the penaltms of 18 Pa C S Section
4909 relating to unsworn falsfficatton to authorities
Date
/ ~argaret B Bushey (~
F!ECEIVED
AUG 2 ? 2OO3
TONF,,ON TORP LLP
JOSEPH D BRENNER, SR, JOSEPH D
BRENNER, JR, and MARGARET B BUSHEY,
Plamt~ffs,
v
MANUFACTURERS AND TRADERS TRUST
COMPANY, a New York corporation, DAVID C
GORITY, an individual, and CURT R
STAUFFER, an individual,
Defendants
NOTICE
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No.O 5
NOTICE
'll7 5
You have been sued in court If you wish to defend against the claims set forth tn 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 rehef
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, Pennsylvama 17013-3302
(717) 249-3166
SNELBAKER, BRENNEMAN & SPARE, P C.
Kmth O Brenneman
Richard C Snelbaker
Attorneys for Plaintiffs
TONKON TORP
Wflbam F Martson, Jr, OSB N
Robyn E Rldler, OSB No 000
Attorneys for Plaintiffs
72163
VERIFICATION
I, Joseph D Brenner, Sr, verify that the statements made in the foregoing
ObJections are true and correct I understand that false statements here~n are made subject to the
penalties of 18 Pa C S Section 4904 relanng to unsworn fals~fication to authorities
)'Y'J~ep h]~ B~enne-'erf, Sr
VERIFICATION
I, Joseph D Brenner, Jr, verify that the statements made ~n 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
/t~ph ~ Bre[n~,, Jr s-
VERIFICATION
I, Margaret B Bushey, verify that the statements made m the foregoing
ObjecUons are true and correct I understand that false statements herein are made subject to the
penalues of 18 Pa C S Section 4904 relaUng to unsworn falsificaUon to authorities
Ma~l~a~~ Bushey
LAW OFFICES
SNELBAKER
BRENNEMAN
& SPARE
CERTIFICATE OF SERVICE
I, KEITH O BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
caused a true 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 Clccom, Esquire
Stevens & Lee
P O Boxl1670
Harrisburg, PA 17108-1670
SNELBAKER, BRENNEMAN & SPARE, P C
Date November 21, 2003
By
Kelth O Brenneman, Esquire
44 W Main Street
P O Box 318
Mechanicsburg, PA 17055
(717) 697~8528
Attorneys for Joseph D Brermer, Sr, Joseph D
Brenner, Jr and Margaret B Bushey