HomeMy WebLinkAbout02-02-05
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IN RE: JOSEPH D. AND
JANE W. BRENNER TRUST
NO. 21-2003-879
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: JANE W. BRENNER
TRUST OWO "B"
NO. 21-2003-881
21-2004-087
IN RE: JANE W. BRENNER
TRUST OWO "C"
NO. 21-2003 -881
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IN RE: NANCY B. BLAKELY
TRUST
NO. 21-2003 -883
a
PETITION FOR EXTENSION OF TIME
WITHIN WHICH TO FILE AUDITOR'S REPORT
AND NOW, comes your Petitioner, James D. Bogar, Esquire, who
respectfully represents as follows:
1. That by Orders of Court dated December 19, 2003 and
October 8, 2004, petitioner was appointed as Auditor to pass upon
objections filed in the above-captioned matters.
2. That petitioner held a Pre-Hearing Conference (via
telephone) with the attorneys of record in this proceeding, said
conference having been held on August 25, 2004.
3. That after the October 8, 2004 Order of Court, the
Auditor's Hearing, with the agreement of all parties, commenced
on November 2, 2004 and terminated on November 5, 2004. Prior
thereto, both parties submitted, in advance of the hearing,
briefs and memorandums.
4. That on or about December 23, 2004 your petitioner
received further briefs and memorandums submitted by both
parties, along with a transcript of these proceedings, which
contains 858 pages, along with 119 Exhibits.
5. That at the Pre-Hearing Conference, your petitioner
advised the attorneys for both parties that his hourly rate was
$165 per hour, which hourly rate was acceptable.
6. That your petitioner advised both parties that he would
be filing the within petition in order to comply with
Pennsylvania Orphans' Court Rule 8.2 and Cumberland County
Orphans' Court Rule 8.2, which rules require that the Auditor
file his report within ninety (90) days after his appointment.
7. That the attorneys of record in these matters have, by
virtue of the copies of the attached letters, agreed to the
filing of the within petition and the relief requested.
WHEREFORE, your Petitioner respectfully requests your
Honorable Court to enter an Order extending the appointment of
Auditor and the time period within which the Auditor's Report and
Recommendation must be filed to March 4, 2005.
Date: February 2, 2005
Auditor
. Tonkon Torp W'
ArrCPJ..LZ:V$
1600 Pioneer Tower
saa SW F"rflh Avenue
Portland, Oregon 97204
503-221.1440
Wn.LlAM: r. MAR.TSON1 JR.
(503) 802-2005
FAX (503) 972-3i05
rick@tonkoD.com
January 24,2005
V1A FACSIMILE
James D. Bogar, Esq.
One West Main Street
Shiremanstown. P A 17011
Re: Joseph D. & Jane W. Brenner Trost;
Jane W. Brenner Trost UWO "B" & "e"; and
Nancy B. Blakely Trost
Dear Mr. Bogar:
In response to your letter ofJanuary 25,2005, my clients, Petitioners Margam
Bushey, Joseph D. Br=er, Sr. and Josc:ph D. Brenner, Jr., agree with the contents of your
proposed Petition for Extension of Time and do not oppose it.
William F. Martson, Jr.
"iVFM/ehd
ee: M2rl< D. Bradshaw, Esq.
031590\00001\6] 03AQ YOQl
STEVENS & LEE
LAWYERS & CONSULTANTS
P. O. Box 11670
Harrisburg, P A 17108-1670
(717) 561-5242 Fax (717) 561-5207
www.stevenslee.com
Direct Dial: (717) 561-5258
Email: mdb@stevenslee.com
Direct Fax: (610) 371-7362
January 26,2005
Janres D. Bogar, Esquire
One West Main Street
Shiremanstown, P A 17011
Re: Brenner Tmsts
Dear Mr. Bogar:
I anr in receipt of your letter dated January 25, 2005. I agree, and do not oppose your
filing of a Petition for Extension of Time.
Very truly yours,
Mark D. Bradshaw
MDB:also
cc: Willianr F. Martson, Jr. Esquire
Philadelphia . Reading . Valley Forge . Lehigh Valley . Harrisburg
Scranton . Wilkes-Barre . Princeton . Cherry Hill . New York .
A PROFESSIONAL CORPORATION
. Lancaster
WilmIngton
IN RE: JOSEPH D. AND
JANE W. BRENNER TRUST
NO. 21-2003-879
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: JANE W. BRENNER
TRUST UWO "Boo
NO. 21-2003 -881
21-2004-087
IN RE: JANE W. BRENNER
TRUST UWO "Coo
NO. 21-2003-881
IN RE: NANCY B. BLAKELY
TRUST
NO. 21-2003 -883
CERTIFICATE OF SERVICE
I, James D. Bogar, Esquire, hereby certify that I am this
day serving the foregoing petition for Extension of Time Within
Which to File Auditor's Report upon the following named
individuals this day by depositing same in the United States
Mail, First Class, postage prepaid, at Shiremanstown, Pennsyl-
vania, addressed as follows:
Mark D. Bradshaw, Esquire
STEVENS & LEE
P.O. Box 11670
Harrisburg, PA 17108-1670
William F. Martson, Jr., Esquire
Robin E. Ridler, Esquire
TONKIN TORP, LLP
1600 Pioneer Tower
888 S.W. Fifth Avenue
Portland, OR 97204
Date: February 2, 2005
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Esquire