HomeMy WebLinkAbout10-08-04JOSEPHD. 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 ~'~"- day of October, 2004, IT IS ORDERED THAT:
(1) The request of plaintiffs for a trial with an advisory jury, IS DENIED.
{2) All breach of fiduciary claims raised in this captioned matter shall be
heard by auditor, James D. Bogar, Esquire, in the Objections to the Schedules of
Proposed Distribution and First and Final Accounts
In Re: Joseph D. and JaneW. Brenner Trust, 21-2003-879
In Re: Jane W. Brenner Trust UWO"B," 21-2003-881
In Re: Jane W. Brenner Trust UWO "C," 21-2003-881
In Re: Nancy B. Blakely Trust, 2102003-883~
By the
Edgar B. 'Bayi'ey, J.
Keith O. Brenneman, Esquire (Local counsel)
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 :sal
~ On January 21,2004, at 03-4125 Civil, this court entered an order,
supported by a written opinion, transferring to the Orphans' Court Division the
claims that are now filed at No. 21-2004-087. [53 Cumberland L.J. 49 (2004]· As
set forth therein, those claims actually seek a surcharge for alleged breach of
fiduciary duties· The parameters of the claims have since been delineated in an
opinion in support of an order dated June 18, 2004, by Hess, J. We further
concluded in the transfer case that:
It]he claim against the co-trustee M&T rests on the action of its
employees Gority and Stauffer in the course of their administration
of the inter vivos trust for the bank· The allegations against the
employees are directly related to the administration of the inter
vivos trust. Therefore, there is no substantial question involving
any matter not enumerated in Section 711(3) [20 Pa.C.S.].
The four Objections to the Schedules of Proposed Distribution and First
and Final Accounts pending in the Orphans' Court Division specifically raised the
breach of fiduciary duties claims which were then filed in the civil division. While
the claims were later filed in the Orphans' Court at 21-2004-87 they are, contrary
to the argument of plaintiffs, properly before the auditor with respect to each trust
in which the claims were originally raised.