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HomeMy WebLinkAbout08-29-06 F \FILES\DA T AFJ LE\General\C'urrent\ 120 Il.l_motionforcontinuance\tde R,yij~d; 8/;9/0Q 315PM 100nA r-"',,- r-. (' (-1 r;' ~ 1 Michael J. Collins, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 200427 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Ronald Britten IN RE: ESTATE OF DALE A. BRITTEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 21-06-0145 ORPHAN'S COURT DIVISION MOTION FOR CONTINUANCE AND NOW, comes the Movant, Ronald Britten, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby moves the Court to generally continue the hearing previously scheduled for September 21,2006, and in support thereof avers as follows: 1. This hearing was scheduled following the filing of Ronald Britten's Motion to Remove Executrix and Judy Britten's Answer to the same. 2. Movant Ronald Britten is in the process of conducting discovery. Responses of discovery requests served on Judy Britten are still outstanding and various banks and financial institutions are about to be served with subpoenas. 3. This discovery is necessary for Movant Ronald Britten to develop his case to present at the hearing on his Motion to Remove Executrix; it is anticipated that discovery will not be completed by the hearing currently scheduled for September 21, 2006. 4. Counsel for Movant contacted Attorney Robert O'Brien, who has entered his appearance as counsel for Judy Britten. Attorney 0 'Brien communicated to counsel that he is handing the case offto his partner, Attorney Michael Scherer, because Attorney O'Brien intends to serve as a witness at the hearing. 5. When asked whether he would concur with a request for a general continuance, Attorney ,. O'Brien concurred, noting that Attorney Scherer, who will be litigating the case, is currently scheduled to be on vacation on September 21,2006, the date of the hearing. Since Attorney Scherer will be on vacation, Attorney O'Brien indicated that Attorney Scherer was going to seek a continuance as well. 6. Since both parties agree to a general continuance of the hearing currently scheduled for September 21 ,2006, Movant Ronald Britten hereby requests that this Court enter an Order granting the same. 7. No other continuances have been requested or granted in his action. WHEREFORE, Movant, Ronald Britten, requests that this Honorable Court generally continue the hearing previously scheduled for September 21, 2006. MAR...TSO. N.. DE~ORF[FIWILLIAM, s<&o.,Y~/.. 1.' ( I 1 'I ,/ I', ByF {(/ ,\!,J( (\ "( C!, [(~ Michael J. Collins, Esquire .- r 10 East High Street Carlisle, P A 17013 (717) 243-3341 :,,"'\ ) Date: ---1 " __I () -' (( (; ~,~ Attorneys for Ronald Britten CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Motion for Continuance was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Robert O'Brien, Esquire Michael Scherer, Esquire O'BRIEN BARIC & SCHERER 19 West South Street Carlisle, PAl 7013 MARTSON DEARDORFF WILLIAMS & OTTO I i( , " Ii! ). By \ cc l.\.. '- . / u(' - / Mary M. rice Ten Ea~t igh Street Carlisle, P A 17013 (717) 243-3341 Dated: -; .~ . "; it.