HomeMy WebLinkAbout10-03-12IN RE: TRUST OF PHILIP COURT OF COMMON PLEAS FOR
REYNOLD HOFFMAN CUMBERLAND COUNTY, PENNSYLVAN1
~ ~a
ORPHANS COURT DIVISION ~--1 r,
. ~~- ~ ~`
NO. 2012 - 0982 ` ' "' ~ ^ ~~'
Der; w ~:
MOTION TO EXTEND TIME TO RESPOND TO RULE TO SHOW CA AS SE I' t
FOURTH IN THE DECREE DATED SEPTEMBER 12 2012" `„ ~
cn
cry
AND NOW COMES Movant, Philip V. Hoffman, by and through his attorneys,
Salzmann Hughes, P.C., and hereby files this Motion for Continuance and respectfully avers as
follows:
1. Movant, Philip V. Hoffinan, is an adult individual residing at 72 Ladnor Lane, Carlisle,
Cumberland County, Pennsylvania 17015 (hereinafter "Movant").
2. On or about September 11, 2012, Movant filed a Petition for the Removal of Trustee,
BNY Mellon, N.A., in accordance with 20 Pa. C.S.A. ~7766(b).
3. On or about September 12, 2012, this Honorable Court entered a Decree directing BNY
Mellon, N.A. to show cause why it should not be removed as Trustee of the Trustee dated
September 19, 1979. This Honorable Court directed that the Rule to Show Cause was
returnable on the Sa' day of October, 2012. A true and correct copy of this Honorable
Court's Decree dated September 12, 2012 is attached hereto as Exhibit "A" and
incorporated herein by reference.
4. Movant and Respondent, BNY Mellon, N.A. by and through its local counsel are
currently discussing a resolution and settlement of the above captioned matter.
5. Movant respectfully requests that this Honorable Court extend the time for BNY Mellon,
N.A. to respond to the Rule to Show Cause indefinitely to allow the parties to further
negotiate a resolution and settlement in this matter.
6. If the parties are unable to come to a resolution, Movant may file at anytime a motion
with this Honorable Court to set a new returnable date for the Rule to Show Cause as
ordered and decreed in the Decree dated September 12, 2012.
7. BNY Mellon, N.A. concurs to this motion.
WHEREFORE, Movant, Philip V. Hoffinan, respectfully requests that this Honorable
Court grant an extension to BNY Mellon, N.A. to respond to the Rule to Show Cause as set forth
in the Decree dated September 12, 2012 until further Decree of this Honorable Court.
Respectfully submitted,
SALZMANN HUGHES, P.C.
r
Date: -` D ~ I z ~!!
Tason E. Kelso, Esq. U
Attorney ID # 209107
George F. Douglas, III, Esq.
Attorney ID # 61886
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
Phone: (717) 249-6333
Attorneys for Petitioner
CERTIFICATE OF SERVICE
I George F. Douglas, III, Esquire, of Salzmann Hughes, P.C., hereby certify that a copy
of the foregoing Motion to Extend Time to Respond to Rule to Show Cause as Set Forth in the
Decree Dated September 12, 2012 was served this date by depositing the same in the Post Office
at Carlisle, Pennsylvania, first class mail, postage prepaid, addressed as follows:
No V. Otto, III, Esquire
Martson Law Office
10 East High Street
Carlisle, PA 17013
BNY Mellon, N.A.
1 Mellon Bank Center
Pittsburgh, PA 15258
BNY Mellon Wealth Management
1735 Market Street
Philadelphia, PA 19103
Respectfully Submitted,
SALZMANN HUGHES, P.C.
Date: I ~'' 3 I /'l. B ~ ~ to
Y~
Jason E. Kelso, Esq.
Attorney ID # 209107
George F. Douglas, III, Esq.
Attorney ID # 61886
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
Phone: (717) 249-6333
Attorneys for Petitioner
~'~~
IN RE: TRUST OF PHILIP
REYNOLD HOFFMAN
COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
NO: 2012 - Q~i ~S ~-
DECREE
.AND NOW, this ~2-day of ,Q.~v+~~,, 2012, upon consideration of the
foregoing petition, it is ORDERED and DECREED that a citation is awarded and directed to
BNY Mellon, N.A. to show cause why it should not be removed as Trustee of the Trust dated
September 19, 1979.
Rule Returnable on the ~ day of ~~~~m.Pi(.., 2012.
COURT:
`Thomas A. Placey J.
Common Pleas Judge
Y..7
m_ Z, 1,T~r r=;c
~?i
~~+% ?::r
_I ~
W ~~ CJ
~,rt ~)
D