HomeMy WebLinkAbout09-03-04 JOSEPH D. BRENNER, SR., JOSEPH D. : IN THE COURT OF COMMON PLEAS OF
BRENNER, JR. and MARGARET B. : CUMBERLAND COUNTY, PENNSYLVANIA
BUSHEY, :
Petitioners : ORPHANS' COURT DIVISION
:
v. : No. 21-04-087
MANUFACTURERS AND TRADERS :
TRUST COMPANY, a New York :
Corporation, DAVID C. GORITY, an :
Individual, and CURT R. STAUFFER, an :
Individual, :
Respondents :
MOTION TO STRIKE PLAINTIFFS'
PRAECIPE TO LIST CASE FOR JURY TRIAl,
AND NOW COME Respondents, by and through their counsel, and make the
following Motion to Strike Plaintiffs' Praecipe to List Case For Jury Trial, stating in support
thereof as follows:
1. This surcharge action, pertaining to the administration of several trusts, was
initially commenced in the Civil Division of this Court on August 22, 2003. ,
2. On October 24, 2003, First and Final Accounts were filed regarding these trusts
in the Orphans' Court Division of this Court.
3. On November 21, 2003, Petitioners herein (the "Brenner Family") filed
objections to the Accounts, attaching thereto and incorporating therein by reference copies of
their Civil Division Complaint. In effect, by incorporating the allegations in their Complaint as
their objections to the Accountings, the Brenner Family caused the consolidation, in the
Accounting proceeding, of the issues raised by the Accountings and the issues raised in their
Complaint.
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SLi 470372vl/66255.037
4. On December 19, 2003, the Orphans' Court Division appointed James Bogar,
Esquire, as auditor for the purpose of resolving the objections to the Accountings (the
"Auditor"). To reiterate, the exceptions, in substance, are the allegations set forth in the
Complaint.
5. Pursuant to this Court's appointment and applicable Orphans' Court Division
rules, the Auditor's task is to take testimony and issue recommended findings of fact and
conclusions of law to the Court. See Orphans' Court Rule 8.3.
6. By prematurely and inappropriately listing this matter for trial before the Court,
Respondents contend that Petitioners are attempting to frustrate the ordinary process
contemplated by the Court through its appointment of the Auditor, and to prevent the Auditor
from fulfilling his Court-appointed task.
BACKGROUND
7. Following his appointment, the Auditor promptly notified counsel of his desire
to hold a conference to discuss the manner in which the proceedings before him would be
handled.
8. Counsel for both parties notified the Auditor that Preliminary Objections were
pending as to the Complaint flied in the Civil Division, and that the disposition of those
preliminary objections would greatly affect the scope of the objections to the Accountings for
which he had been appointed Auditor.
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SL1 470372.1/66255 037
9. On or about January 21, 2004, the Civil Division of this Court issued its
Opinion and Order suer the pending Preliminary Objections, striking the Brenner Family's
Complaint, and transferring tbe matter to the Orphans' Court Division.
10. On February 2, 2004 a Petition for Citation was filed by the Brenner Family.
11. The Auditor was duly notified of the Court's Opinion and Order, and of the
filing of the Petition for Citation.
12. Thereafter, Respondents herein filed another set of Preliminary Objections,
challenging various aspects of the Petition for Citation.
13. On June 18, 2004, the Orphans' Court Division resolved these new Preliminary
Objections.
14. Respondents, on July 8, 2004, filed an Answer With New Matter.
15. Copies of the Orphans' Court's decision suer the Preliminary Objections and
Respondents' Answer With New Matter were provided to the Auditor by the undersigned under
cover of correspondence dated July 8, 2004. A true and correct copy of this correspondence is
attached hereto and made a part hereof as Exhibit "A."
16. Asr .... " " ' ....
ec~ted ~n Exhibit A, during the pendency of the Prehm~nary Objections,
the parties engaged in significant discovery, including document production and depositions of
all parties and certain witnesses.
17. The undersigned's correspondence marked Exhibit"A" hereto affirmatively'
asked the Auditor to schedule a meeting for the purpose of scheduling hearings on the objections
3
SL1 470372vl/66255 037
to the Accounts, which exceptions, as noted, raise identical claims and issues to those in the
Petition for Citation.
18. On July 26, 2004 the Auditor proposed a date for the requested conference and
requested responses to this proposed date by July 30, 2004. A true and correct copy of this
correspondence is attached hereto and made a part hereof as Exhibit "B."
19. The undersigned promptly responded to the Auditor that the proposed date,
August 25, 2004, ,,vas a suitable time for a conference.
20. The Brenner Family, by contrast, through its local counsel, Keith Brermeman,
Esquire, took two actions prior to July 30th, neither of which was directly responsive to the
Auditor's correspondence made Exhibit "B" hcreto.
21. First, Mr. Brenneman advised the Auditor that Oregon counsel (Rick Martson,
Esquire) would respond to the Auditor's July 26 letter.
22. Second, on July 29, 2004 Mr. Brennemm~ filed the Praecipe listing this case for
a jury trial before the Orphans' Court to commence on October 25, 2004. It is this Praecipe that
is the subject of this Motion.
23. No prior notice of the Brenner Family's intention to list this matter for trial was
provided to the undersigned.
24. The Praecipe filed onbehalfofthe Brenner Family affinnatively recites that
"This case is ready for trial."
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SLI 470372vl/66255037
25. To the contrary, the Brenner Family's Oregon counsel (Mr. Martson) has
rcquested additional depositions which have not yet cven been scheduled. Thus, the Praecipe is
inaccurate in reciting that the case is "ready for trial".
26. The Auditor was not shown as having been sent a copy the Praecipe listing this
matter for jury trial before the Orphans' Court.
27. The undersigned immediately brought the filing of this Praecipe to the
udltor s attention by correspondence of July 30, 2004. A true and correct copy of this
correspondence is attached hereto and made a part hereof as Exhibit "C."
28. On August 2, 2004, correspondence from the Auditor to Mr. Martson and from
Mr. Martson to the Auditor crossed in the mail.
29. The Auditor requested Mr. Martson provide a response to his July 26th letter.
A tree and correct copy of the Auditor's correspondence is attached hereto and made a part
hereof as Exhibit "D."
30. Mr. Martson's letter, in turn, notified the Auditor of his listing of the Petition
for Citation for Trial, but did not disclose his desire to take additional discovery and did not
respond to the suggestion that a conference be convened on August 25th to discuss the status of
the Auditor's task and the scheduling of hearings. A true and correct copy of Mr. Martson's
correspondence is attached hereto and made a part hereof as Exhibit "E."
31. Mr. Martson's letter explicitly acknowledges that the claims which would be
the subject of the trial would be "nearly identical" to those which the auditor would hear. See
5
SL1 470372vl/66255.037
Exhibit '~E". Mr. Martson asserts further that the trial should go forward first, rather than
hearings before the Auditor.
RESPONDENT'S POSITION
32. Respondents believe that the Praecipe listing the Citation for Trial is premature,
inappropriate and inaccurate.
33. The Praecipe is premature inasmuch as Petitioners have signaled the need for
additional discovery that remains to be conducted, and thereforc the case is not "ready for trial,"
as represented to the Court by the Brenner Family.
34. The Praecipe is inappropriate in that it seeks to circumvent the normal
proceedings of this Court and undermine the role of the Auditor in these proceedings. In this
regard, the Brenner Family has never articulated why proceedings before the Auditor will not
provide them an adequate forum for their claims.
35. The Praecipe is inaccurate in that it suggests that the Brenner Family is
"entitled" to a jury trial in this matter. Respondents dispute any such entitlement to a jury trial.
Indeed, as the Court noted in its June 18, 2004 Opinion, "The Petitioners acknowledge that their
'demand' for a jury trial does not entitle them to a iur¥ trial." See Slip. Op. at 5. (emphasis
added). Moreover, the issue of whether a jury trial is appropriate is premature. Respondents
believe that the issue of whether a jury trial is necessary or appropriate should be considered by
the Court in its sound discretion only after the Auditor has had an opportunity to perform his
Court-appointed task. By following the appropriate and ordinary procedures of the Court and
allowing the Auditor to perform his Court-appointed task, issues that may remain (if any) will
6
SLI 470372~ ~66255.037
have been appropriately narrowed and refined for consideration by the Court, (and, if the Court
deems appropriate, a jury).
36. Respondents, as indicated in Exhibit "C" hereto, belicve that the Auditor's
hearings should go forward in the ordinary course, and that this disposition will be far more
efficient and much less cumbersome as compared to empanelling a jury to hear this entire
dispute.
37. The Auditor has already scheduled hearings and establishcd pretrial
proceedings in this matter pursuant to direction received from the Honorable J. Wesley Oler, Jr.,
as reflected on correspondence made Exhibit "F" hereto. The Auditor, in fact, proposed dates for
the hearing in September with which Respondents were satisfied, however, counsel for the
Brenner Family deemed those dates inconvenient.
38. As a result, the heatings have been scheduled for the week of November 2,
2004, as a courtesy to Oregon counsel. Therefore, should the thai be stayed in favor of
proceedings before the Auditor, a delay of only one week would result. To reiterate, the Auditor
and the undersigned were prepared to proceed with hearings even prior to the trial date chosen by
the Brenner Family, but their counsel declined.
39. Most importantly, as the Court noted in its June 18, 2004 Opinion, the
empanelling ofa.jury in an Orphans' Court matter is both discretionary with the Court, and
advisory in nature only. The Court has not exercised its discretion and determined to empanel a
jury, and it would be premature for the Court to do so at this time. Furthermore, despite this
Court's clear holding that only the Court may decide to utilize an advisory jury, the Brenner
7
SLi 470372vl/66255.037
Family never even asked the Court to exercise this discretion, choosing instead to simply list the
case for jury resolution.
40. Should the Auditor (or the Court) find any particular, discrete issue which
requires further elucidation during or following the Auditor's hearings, the Court could then
exercise its discretion and empaneI an advisory jury for that issue.
4I. In sum, for the reasons set forth above, Respondcnts believe the Praecipe
Listing the Petition for Citation for Trial by jury is premature, inappropriate and inaccurate.
42. Indeed, the timing and circumstances of the filing of the Praecipe strongly
suggests that its very purpose was to deliberately frustrate the orderly holding of hearings before
the Auditor.
WHEREFORE, Respondents respectfully request that the Praecipe listing this
case for jury trial on October 25th be stricken, and the matter referred to the Auditor for hearings
which have already been scheduled by agreement of all parties.
Date: A.t~gha~,~, 2004
Mark D. Bradshaw, Esquire
Supreme Court I.D. #61975
4750 Lindle Road
P.O. Box 11670
Harrisburg, PA 17108-1670
Attorney for Respondents
8
SLI 470372vl '66255 037
STEVENS & LEE
LAWYERS & CONSULTANTS
P. O. Box 11670
Harrisburg, PA 17108q670
(717) 561-5242 Fax (717) 561-5207
www.stevenslee.cmn
Direct Dial: (717) 561-5258
Email: mdb@stevenslee.cmn
Direct Fax: (610) 371-7362
July 8, 2004
James D. Bogar, Esquire
One West Main Street FIJI ~0PY
Shiremanstown, PA 17011
Re: Brenner Trusts
Dear Mr. Bogar:
We have not communicated regarding this matter since January of this year, and I am
writing to update you with regard to the current status of this litigation.
As you will recall, by Order issued on January 21, 2004 Judge Bayley struck the
Brenners' civil division complaint and transferred the action to Orphans Court. A Petition for
Citation was thereafter filed and served by the Brermers on February 2, 2004. The Petition xvas
substantially identical to the previous civil division complaint, and i~espondents filed preliminary
objections once again (raising the same objections which the Court had previously found
unnecessary to reach). On June 18, 2004 Judge Hess sustained certain preliminary objections
and denied others by an Order which I enclose tbr your review, (inas~nuch as you do not appear
to have been copied directly by the Court). Thereafter, Respondents filed their Answer with
New Matter to the Petition for a Citation, and a courtesy copy of that pleading is also enclosed
for your revie~v.
During the pendency of the preliminary objections, the parties went forward with
significant discovery by agreement. The depositions of all parties have now been taken, as well
as certain additional depositions of other M&T Bank employees. Although I will not presume to
speak for the Petitioners, Respondents believe that a conference to discuss the scheduling of
hearings before you would now be appropriate. I have been informed that Petitioners' desire to
take certain additional discovery since the prior round of depositions concluded in early May and
we are open to discussing the same. However would like a schedule established for a hearing
date in the meantime.
Philadelphia · Reading · Valley Forge Lehigh Valley ,, Harrisburg , Lancaster
Scranton · Wilkes-Barre · Princeton · Cherry Hill · Wilmingto
SL1 459622v1/00000000 i! ~
STEVENS & LEE
LAWYERS & CONSULTANTS
James D. Bogar, Esquire
July 8, 2004
Page 2
By copy of this correspondence i invite a response from Petitioners' counsel to these
issues and will wait to hear further from they and/or you.
Very truly yours,
ST VENS & LEE
Mark D. Bradshaxv
MDB:alsm
Enclosure
cc: Mr. David Gority
M&T Investment Group
Keith Brenneman, Esquire
Rick Martson, Jr., Esquire
SLI 459622vl/00000 000
JUL-26 04 M0N 0I:42 PM JAMES D g0OflR Ffl× NO. 717 737 2086 P, 01/02
,~'n-o~,u~;¥ ^~r uaw
WEST MAIN STREET
~]IlIRI~MAN~TOWN, PENNSYLVANIA 1701 I
(717] 737-~761
JuKy 26, 20fl~
ViA FACSTMILE TRA~rS?~iI$SION - 697-7681 & 561-5207
Ko:!.th 0. B1;e;lneman, Esqu'~e Mar]< D. Bradshaw, Esquire
SNELBAI~ER, ERENNf24AN & SPARE STEVENS &
4d West: Hain Street P.O. Box 11670
P.0. Box 318 Harrisburg, PA 17108-1670
}4echanic~bLlrg, PA 17055
RE: doseph D. & Jane W. ~renner Trust;
Jane W, Brenner Trust UWO "E" & "C"; and
Nancy B. Blakley Trust
It is my u~ldez~standing thtlt tho t3osturo of these cases is
such that sescheduiing' of hearings is appropriate. Towards this
end, I would like to schedule a co17foronco for the purpose
reviewing the ]~sues involved in this matter and scheduling
hoar]:l[Is. >~ccording]y, Z propose that a conference take place
euz' offices on Wednesday, Auf~uat 25, 2004 at ~:30 P.m. If this
date is not acceptable, I ask that. you advise me as to acceptable
dates during the woeks o~ Septe2~et' 13 and Sep~e]~er 20, 2004. I
will th¢ff~ p]ek ~4 time and date.
I wish lto advise that my hourly rate with respect to these
matteTs is at $165 per hour. Please ~dvise i~ediately if there
a~'o eny objactJ, o[]~ thereto.
Assum]]w] that thero are no objections to the hourly rate as
above-quoted, I will petition to request that my appointment as
auditor in this matter be extended. Again, I will assume that
there will be no objections from either party.
JUL 26 04 MON 01:42 PM JAMES P BOGaR FaX NO, 717 737 2086 P, 02/02
Xei~h O. Brenneman, Esquirz~
M..-':n-]~ D. i-~radshaw, F.,squire
July 26~ 2004
Paq!e 2
It is re¢~tested that you respond c,o this letter on or before
30, 2004.
Very truly yours,
/bb].
The Honorable g', Wesley Oler
STEVENS & LEE
LAWYERS & CONSULTANTS
P. O. Box 11670 FILE C0p~
Harrisburg, PA 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
July 30, 2004
James D. Bogar, Esquire
One West Main Street
Shiremanstown, PA 17011
Re: Brenner Trusts
Dear Mr. Bogar:
This morning's mail brought the enclosed Praecipe listing the Brenner matter for a jury
trial in October. Naturally, I find this curious in light of your appointment as auditor and
July 26, 2004 correspondence. I had confirmed through a message previously left with your
assistant that August 25th at 1:30 (as you proposed) was suitable for a conference to discuss
scheduling hearings before you.
It is my understanding your appointment by the Court encompassed the holding of
hearings in tiffs matter and the submission ora recommended adjudication to the Court. I do not
know how plaintiff's counsel may have responded to your July 26th letter, although I do note
that you requested a response on or before today, July 30, 2004. I suppose the Praecipe listing
this case for trial filed yesterday could be plaintiff's "response" so to speak, although I note that
you were not copied on the same.
I rcmain available to meet with you to discuss the scheduling of hearings in this matter,
and do not believe the listing of this matter for jury trial is consistent either with the prior Orders
of Court or your appointment as auditor.
Very truly yours,
MDB:alsm
Enclosure
cc: Keith Brermeman, Esquire
Rick Martson, Jr., Esquire
Philadelphia · Reading * Valley Forge * Lehigh Valley
Scranton * Wilkes-Barre · Princeton · Cherry Hill · Wilmin
SL1 465525vl/00000 000
g~NELBAKER, BRENNEMAN ~ SPARE I~ dUI- 3 C
ATTORNEYS AT LAW
STEVENS & LEE
MECHANICSBURG, PENNSYLVANIA 17055
RICHARD C SNELBAKER
July 29, 2004
Mark D. Bradshaw, Esquire
Stevens & Lee
P. O. Box 11670
Harrisburg, PA 17108-1670
Re: Joseph D. Brenner, Sr., et al. v. Manul:acturers and Traders Trust Company, et al.
No. 21-2004-087 Orphans' Court Division, Cumberland County, Pe[msylvania
Dear Mr. Bradshaxv:
Enclosed please find a time-stamped copy of Praecipe listing the above case for trial lbr
the October 2004 trial term in Cumberland County.
Yours truly,
Keith O. Brenneman
KOB/sm
Enclosure
CC: Robyn Ridler, Esquire (w/enclosure)
PRAECIPE FOR LISTING CASE FOR TRIAl,
JUL 3 C 2004
TO THE CLERK OF THE ORPHANS' COURT, CUMBERLAND COUNTY
Please list the following case: STEVENS & LEE
( X ) for JURY trial at the next term ofcivil court
( ) for trial without a jury.
CAPTION OF CASE ...................
( ) Assumpsit
JOSEPH D. BRENNER, SR., JOSEPH D.
BRENNER, JR. and MARGARET B. ( ) Trespass
BUSHEY,
( ) Trespass (Motor Vehicle)
Plaintiffs/Petitioners
( )
vs. (Other)
MANUFACTURERS AND TRADERS The trial list will be called on September 28, 2004
TRUST COMPANY, a New York
Corporation, DAVID C. GORITY, an Trials commence on October 25, 2004
Individual and CURT R. STAUFFER,
an Individual
~ :: <c Pretrials will be held on October 6.2004
c,4 (Briefs are due 5 days before pretrials)
D-
: I~fendan~Resp°ndents (The party listing this case for trial shall provide
::: forthwith a copy of the praecipe to all counsel pmsuant
; :' ~ :,~ to local Rule 214-1 .)
No. 21-04-087 Orphans' Court Division
Attorney who will try case for the party who files this praecipe: William F. Martson, Esquire and
Robyn Ridler, Esquire
Trial counsel for other parties if known: Mark D. Bradshaw, Esquire for Respondents
This case is ready for trial.
Print Name: Keith O. Brenneman
Attorney for: Petitioners
Date: July' 29, 2004
~UG-02-04 NON 03:45 PM JAMES D BOGaR FaX NO, 717 737 2088 P. 01/03
,J^~:r,:$ D. B O~Ar
ATTORNEY AT LAW
ONE WEST MAIN STllEI:T
kiHIREMANSTOWN. PENNSYLVANIA 17011
JI,~N~Li.'J:N D IHJ'P' FACS[MTLE
(717)
Augua~ 2, 2004
VTA .FACSrMILE' TI~NSMI'SEiON ONLY .- 503-972-3858
William F. Ma~'~son, Jr., Esquire
llohV:l Ridler, F~
I, ,, ~.1 ~ r e
TONKiN 'PORP, LLP
:1500 P~o~eer (Power
,~,W, Fifth ivosuo
~cz ..land, OR 97204
Joseph D. & Jane T4. ~renner Trust;
Jane W. Bre~mer Trust U~O "B" & "C"; and
Naztcy B. Blakley Trust
Dear Mu. Marhson and Ms.
Keith 0 Buenneman, ', '
· I~,squ~re, your local Counsel, advises
thah we should communicate directly with yot~
concernxng the
above-referenced matters. As you =~re aware, I am the court
appoznted andi[';or.
Attached is a copy of my letter dated July 26, 2004 as
forwarded ho Keith 0. Brenneman, Esquire, and Mark D Bradshaw,
Esquire. ' '
We look forward to hearing from you on or before Friday,
Atl{-jtn~h 6, 2004 with respect to these matters.
~ery hruly yours
JDB/bbl
I.'T)C].OSUI e
CC: ~ark D, nradshaw, Esc~.:ire (~ax 561-5207)
AUG-02-04 MON 03:45 ?M JAMES D BOQAR FAX NO, 717 737 2088 ?. 02/03
JAM?~5 D. B OOAR
ATTOiRNEY AT LAW
ONE WEST MAIN STREET
SItlREMANSTOWN,~ENNSYLVANIA 17011
(717) 737-87G 1
Jul~ 2~, 2004
VIA FACSIMi'LE TRANSPiISEION - E97~7681 & 561-5207
Keith O, Brenneman, EscF~i.:re Hark D. Bra~shaw, Esquire
SNI~LBAKER, BRENNEMA~ & SPARI~I S"PEVENS & LEE
44 WesL' Hain S~ree~ P.O. Box 11670
P.O. I~ox 318 Harrisburg, PA 17108-1670
Mecl-,enicsburg, PA 17055
Joseph D, & Jane W. Brenner Trustl
Jane W. Brenner Trust ~'0 "B" & "C'; and
Nancy B. 31akley q~rus~
Dear Getlt lo.~t ,t~l:
Ia is my understanding that Ehe posture of these cases is
such hha~ reschedullng of hearings is appropriate. Towards this
end, Z would like ~o schedule a conference for the purpose of
reviewin9 hhe issues invo!ved in ~his ma~er and scheduling
hearings, Accordingly, I propose that a conference take place in
our of~i, ce~ on Wednesday, August 25, 2004 au 1:30 p,m, If this
dahe is not acceptable, i ask that you advise me as to acceptable
dates during the weeks of Sapten~er 13 and Sep~e~er 20, 2004, I
wall. then pick a time and date.
! wish to advise that ri%, hourly ra~e with respect to these
matters is at; $~.65 per hour, Please advise i~adiately if Ehere
are any object;ions thereto.
Assuming that ~here ara no objections to the hourly rate as
above-c~:ohed, I will parities to re~e~t ~haE my appointment as
auc]i.~oa in ~hls u%~tter be ex~ended, Again, i will assume that
there will be no objections from eluher party,
AUG-02 04 MON 03:46 ?H JANES D BOGAR FAX NO, 717 737 2086 ?. 03/03
Ke~th o, Breru~man, Esquire
~!ark l). Bradshaw, Esquire
July 26, 2004
tt is requestod t'hat you respond to this letter on or before
July ~0, 20Od,
Very ~ruly yours,
JDB/bbl
CC: The Honorable J. Wesley Oler
888 SW Fifth Avenue
Portland, Oregon 97204
503-221-1440
WILLIAM F. MARTSON, JR. (503) 802-2005
FAX (503) 972-3705
rick@tonkon.com
August 2, 2004
~ w~ AUG 062004 ~
VIA FAX AND MAIL
STEVENS & LEE
James D. Bogar
One West Main Street
Shiremanstown, PA 17011
Re: Brenner Family Trusts
Dear Mr. Bogar:
I write in response to your letter of July 26, as well as Mr. Bradshaw's letter of
July 8. I do not object to your hourly rate or to your plan to petition for extension of your
appointment. I do, however, believe that it is premature to schedule a hearing on the
accountings at this time.
As you know, Margaret Bushey, Joseph Brenner, Sr., and Joseph Brenner, Jr.,
have together filed a Petition in the Orphans' Court, asserting breach of fiduciary duty claims
against M&T in connection with the same trusts at issue in the accountings. They have
requested a jury be impanelled to hear that case pursuant to 20 Pa.C.S.A. § 777. Just this week,
I praeciped that matter for trial on October 25.
There have been seven depositions taken so far in the Orphans' Court case. There
will be several more taken in September. We recently served our second Request for
Production, to which M&T's response is due on August 11.
My clients' objections to the accountings are nearly identical to their breach of
fiduciary duty claims. Once the lawsuit is resolved in Court, it is unlikely that the accountings
will require significant litigation. On the other hand, proceeding on the accountings prior to
resolution of the lawsuit will force my clients to litigate the same matter twice, with attendant
extra cost.
James D. Bogar
August 2, 2004
Page 2
Under the circumstances, I respectfully request that you either defer scheduling a
hearing until after the resolution of the litigation, or schedule a hearing on the accountings in
November following trial of the other matter.
Very truly yours,
· '". CJl /~, ~
WFM/joc ~
cc: Mark D. Bradshaw
Keith O. Brem~eman
AUG 18-04 THU 03:44 PM JAMES D BOGAR FA× NO, 717 737 2086 P, 01/01
J~,M~:s D. B
ATTeltNEY ^T LAW
ONE WIif~T MAIN STREET
SHII~'EMANSTOWN, PENNSY[~VANIA l?0l 1
August 19, 2004
[~ifil IG~CS.I~ILE ~'i~SMA%gION - 561-5207
Mark D. Bzadshaw, Eaqulre
S~"P. VENS & LEI{
P~0. Box 11670
Na~'risburg, PA 17108-],670
VIA i,P~CSrMILE TRANSM. rSSION ONLY - 503-972-3~58
wi. llia~ P, Mart~on, Jr., Esqaire
1600 Pioneer 'Power
888 S.W. Fifth Avenue
Per'~lal~d, OR 9'7204
RE: Joseph D. & Jane W. Brenner Trust;
,lane W. Brenner '}rus~ UWO ,,B. & "C"; and
Nancy ~. Blakley Trust
Dear Gent lcnen:
! write by way of follow-up Eo the conference scheduled by
mo, same to take place in ouz offices ak 1:30 p.m., Wednesday,
August 25, 2004. I have reviewed correspondence submitted by
bath of you expressing your opinions with reslDect to my
9roceedlng in accorda~lce with the Deco,er 19, 2003 Order of
Court. As you will, recall, I was appointed t)y the J. Wesley
0!er, Jr., as auditor in this matter. Based upon my review of
these proceedi~ngs, correspondence forwarded and discussions had
wi. th Judge O].er, it is appt~op-riate the audit process continue.
Accordingly, we look forward to meeting with both of you at the
couLerence scheduled ~o [-ake place in our offices at 1:30 p.m.,
Wez~nesday, August 25, 2004.
.[ ~equest ~Nat both of you confirm your attend~u]ce.
y trt~ly yours,
ES n.
J DS/bbl
JOSEPH D. BRENNER, SR., JOSEPH D. : IN THE COURT OF COMMON PLEAS OF
BRENNER, JR. and MARGARET B. : CUMBERLAND COUNTY, PENNSYLVANIA
BUSHEY, :
Petitioners :
: ORPHANS' COURT DIVISION
MANUFACTURERS AND TRADERS : No. 21-04-087
TRUST COMPANY, a New York :
Corporation, DAVID C. GORITY, an :
Individual, and CURT R. STAUFFER, an :
Individual, :
Respondents :
CERTIFICATE OF SERVICE
I, Mark D. Bradshaw, Esquire, hereby certify that I caused a true and correct copy
of the foregoing Motion to Strike Plaintiffs' Praecipe to List Case for Trial to be served upon the
follo~ving counsel of record via First Class Mail, postage pre-paid, addressed as follo~vs:
Keith O. Brenneman, Esquire
Snelbaker, Brenneman & Spare, P.C.
44 West Main Street
P.O. Box 318
Mechanicsburg, PA 17055-6249
William F. Martson, Esquire
Tonkon Torp, LLP
1600 Pioneer Tower
888 S.W. Fifth Avenue
Portland, OR 97204-2099
Date: .a~agaat 3~, 2004
SL1 470372vl/66255.037