HomeMy WebLinkAbout09-27-04 JOSEPH D. BRENNER, SR., : IN THE COURT OF COMMON OF
JOSEPH D. BRENNER, JR. AND : PLEAS CUMBERLAND COUNTY,
MARGARET B. BUSHEY, : PENNSYLVANIA
PLAINTIFFS :
V.
:
MANUFACTURERS AND TRADERS
TRUST COMPANY a New York :
Corporation, DAVID C. GORITY, an : ~'-'
Individual and CURT R. STAUFFER, an:
Individual, : ~ ~
DEFENDANTS : 21-2004-087 ORPHANS' COURT
ORDER OF COURT ,~ ,
AND NOW, this 27th day of September, 2004, upon review of the motion of
defendants to strike plaintiffs' listing of their breach of fiduciary claims for a trial
by jury commencing on October 25, 2004, and the answer of plaintiffs to the Rule
to show cause issued in response thereto, IT IS ORDERED:
(1) The listing for trial by jury commencing on October 25, 2004, IS
STRICKEN AS PREMATURE.
(2) Argument shall be conducted in chambers on Monday, October 4,
2004, at 3:00 p.m. on the following issues:~
(a) Whether plaintiffs should be granted a trial with an advisory jury
on their breach of fiduciary claims, with the court deciding the claims and
any issue of damages.
(b) Whether the court should decide said claims without
empanelling an advisory jury.
~ To the extent not already provided, legal memorandums should be submitted at
argument.
(c) Whether all of the claims raised by plaintiffs should be decided
by the appointed auditor.
Keith O. Brenneman, Esquire
P.O. Box 318 .~
44 W. Main Street
Mechanicsburg, PA 17055
For Plaintiffs
Mark D. Bradshaw, Esquire
P.O. Box 11670
Harrisburg, PA 17108-1670
For Defendants
James D. Bogar, Esquire
One West Main Street
Shiremanstown, PA 17011
Auditor
Court Administrator
:sal