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Home My WebLink About04-19-04IN RE: ESTATE OF · JOSEPH D. BRENNER, SR., JOSEPH D. · IN THE COURT OF COMMON PLEAS BRENNER, JR., and MARGARET B. BUSHEY, · OF CUMBERLAND COUNTY, ' PENNSYLVANIA Petitioners, · · ORPHANS' COURT DIVISION · No. 21-2004-087 MANUFACTURERS AND TRADERS TRUST · COMPANY, a New York corporation, DAVID C. · % :-': GORITY, an individual, and CURT R. · .: ' STAUFFER, an individual, · Respondents. · PETITIONERS' MOTION TO SETOVER HEARING DATE ~"~ Petitioners move this court for an order setting over the hearing date for argument of Respondents' Preliminary Objections. The hearing is currently scheduled for Wednesday, April 21. Petitioners request that the hearing be rescheduled for May 10, 11, 12, 13, or 14. This motion is supported by the statement of Points and Authorities below and the Affidavit of William F. Martson, Jr., filed herewith. Petitioners' counsel has contacted Respondents' counsel, Mr. Mark D. Bradshaw, Esq., and Respondents concur in the setover. POINTS AND AUTHORITIES Petitioners requested the scheduled hearing date on March 24. At that time, as stated on the Praecipe for Listing Case for Argument, Petitioners expected to have their local counsel, Mr. Richard Snclbakcr, Esq., argue the Prelim, inary Objections. On April 12, Petitioners learned, through counsel, that Mr. Snelbaker is substantially reducing his practice of law and, accordingly, will not be arguing the motion on April 21. Petitioners' regular counsel, William F. Martson, Jr., Esq., whose law offices are located in Oregon, is unable to travel to Pennsylvania for the hearing on April 21 as he will be in trial in Oregon. However, Mr. Martson will bc in Pennsylvania thc week of May 10 to conduct depositions in this case. Accordingly, Petitioners respectfully request that the heating on M&T's Preliminary Objections be rescheduled to the week of May 10, to whichever day and time is most convenient for the conn. ~/~/'X DATED this ~ day of April, 2004. Willi~ ~ i~:/M~artsr rjr., ~B No 72163 Robyn E. Ridler, OSB No.'00016 Attorneys for Petitioners CERTIFICATE OF SERVICE I hereby certify that I served the foregoing PETITIONERS' MOTION TO SETOVER HEARING DATE on: Mark D. Bradshaw Stevens & Lee P. O. Box 11670 Harrisburg, PA 17108-1670 Of Attorneys for Respondents ~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 l~'tq~md, /~,~ on the date set forth below; [] 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; [] 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 ~bby faxing a copy thereof to each attorney at each attorney's last-known facsimile number on the date set forth below. DATED this It~ day of April, 2004. SNELBAKER, BRENNEMAN & SPARE, P.C. By ~ Keith O. Brenneman Richard C. Snelbaker Attorneys for Petitioners 031590\00001~556897 VO01 IN RE: ESTATE OF : JOSEPH D. BRENNER, SR., JOSEPH D. : IN THE COURT OF COMMON PLEAS BRENNER, JR., and MARGARET B. BUSHEY, : OF CUMBERLAND COUNTY, : PENNSYLVANIA Petitioners, : : ORPHANS' COURT DIVISION V. ~ : No. 21-2004-087 MANUFACTURERS AND TRADERS TRUST : COMPANY, a New York corporation, DAVD C. : GORITY, an individual, and CURT R. : STAUFFER, an individual, : : Respondents. : AFFIDAVIT OF WILLIAM F. MARTSON~ JR. IN SUPPORT OF PETITIONERS' MOTION TO SETOVER HEARING DATE STATE OF OREGON ) ) SS. County of Multnomah ) I, WILLIAM F. MARTSON, JR., having first been duly sworn, depose and say: 1. I represent Petitioners in this case. 2. I learned on April 12, 2004 that Mr. Richard Snelbaker, Petitioners' local counsel, is substantially reducing his practice of law and will not be able to argue M&T's Preliminary Objections at the heating currently scheduled for April 21. 3. I am unable to travel to Pennsylv..ania for the April 21 hearing as I will be in trial in Oregon on that date. 4. I will be in Pennsylvania the week of May 10-14, to conduct depositions in this case. 5. I respectfully request that the court reschedule the hearing to the week of May 10-14 so that I may argue the,matter on behalf of Petitioners. DATED this , ~ day of April, 2004. . ~ F.'"M~art'~on, }r. : SUBSCRIBED AND SWORN to before me this~day of April, 2004. CAROL H. DORNFELD "0'aRYPUBL,C-0R[~0N Notary Public for Ol:egon COMMISSION NO. 357342 MY C0U~SSl0N m~RES JULY 5.2a~ My Commission Expires: 2 CERTIFICATE OF SERVICE I hereby certify that I served the foregoing AFFIDAVIT OF WILLIAM F. MARTSON, JR. IN SUPPORT OF PETITIONERS' MOTION TO SETOVER HEARING DATE on: Mark D. Bradshaw Stevens & Lee P. O. Box 11670 Harrisburg, PA 17108-1670 Of Attorneys for Respondents [~y 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 on the date set forth below; [] 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; [] 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 [~by faxing a copy thereof to each attorney at each attorney's last-known facsimile number on the date set forth below. DATED this it/ day of April, 2004. SNELBAKER, BRENNEMAN & SPARE, P.C. By ~'~(-- ' Keith O. Brenneman Richard C. Snelbaker Attorneys for Petitioners 031590\00001X556897 VO01 2 SNELBAKER., BP,.ENNEMAN ~ SPARE /k PIKOFES$1OIqAL COR.POR. PtTIOlq ATTORNEYS AT LAW ~ WEBT MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER. P. O. BOX 318 KEITH O. BRENNE~ FACSIMILE (2'17) {BD2'-2'681 PHILIP H. SPAR. E 717-697-8528 April 19, 2004 '~-' Taryn N. Dixon, Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Brenner, et al. v. Manufacturers and Traders Trust Company No. 21-04-087, Cumberland County, Orphans' Court Division Dear Taryn: The enclosed Petitioners' Motion to Set Over Heating Date is being submitted pertaining to the Respondents' Preliminary Objections that are scheduled to be heard at the April 21, 2004 session of argument court. For the reasons set forth in the Motion, a request is being made by the Petitioners' attorney, who is in the State of Oregon, to schedule argument on either May 10, 11, 12, 13 or 14, at which time counsel will be in Pennsylvania for depositions in the case. Respondents' counsel, Mark D. Bradshaw, Esquire, concurs in the request for rescheduling. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: Mark D. Bradshaw, Esquire (w/enclosure) " Robyn Ridler, Esquire (w/enclosure)