HomeMy WebLinkAbout03-20-01IN RE: IN THE COURT OF COMMON PLEAS
APPOINTMENT OF A GUARDIAN OF CUMBERLAND COUNTY
OF THE ESTATE OF OF PENNSYLVANIA
MILDRED J. GERBER :
ORPHAN'S COURT DIVISION
NO. 21-01-92
OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21
Lindsay Dare Baird, Esquire objects to the proposed subpoena that is attached
to these objections for the following reasons:
1. The attached subpoena is in the form for appearance only, not to produce
documents.
2. No subpoena in proper form to demand production of documents was served.
3. The attached subpoena demands the production of documents.
4. The attached subpoena was served without trip or daily fee provided. The
server entered my office during the absence of my secretary and while I was engaged
in privileged conversation on the telephone, placed the subpoena on my desk and
departed. I had no opportunity to demand trip or daily fee.
5. Subpoena was served without issuing to every other party to the action, the
20-day notice of intent to serve a subpoena to produce documents as provided in Rule
4009.21.
6. Subpoena was served on March 19, 2001, for appearance and production of
documents on the morning of March 22, 2001. Two and one-half days is insufficient
notice as Pa.R.C.P. No. 4009.23 allows for twenty days to produce documents.
7. I am unable to appear in person as I have an obligation as Solicitor of
Cumberland County Children and Youth Services which has been scheduled for two
months.
Respectfully submitted,
Date: March 20, 2001 - ;-
Li~dsay Da~J~3aird, Es/quire
.... ' Attorney for Colonel Frederick E. Gerber, II
in a separate matter
cc: Jacqueline M. Verney, Esquire
Herbert G. Rupp, Jr., Esquire
COL Frederick E. Gerber II
Ms. Marilyn Gerber
SUBPOENA
Cumberland County, SS:
GREETING:
We command you and each of you, that, setting aside all manner of
business and excuses, you be and appear in your proper person before
our Judges at Carlisle, at our County coUr~"'of Common Pleas, Orphans'
Court Division, tthere to be held in the County of Cumberland, on the
~.~-/L~L-- dayof~0/{~(~..~ 19~_/at /~):~.~r&)/~-M.
[prevailing time] of that day, to testily afl and~lar those things which
you shall know in a certain information,for ?~g~[~.- '
.-':, I ' ~ . ./~' > ' .
WITNESS the Honorable George E. Hoffer,
President Judge, at Carlisle, the
day of ~ ~ [;~ (.' ]~' A.D. O~O~AND
CLERK OF ORPHANS' COURT -
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the Objections to Subpoena upon the persons
and in the manner indicated below:
SERVICE BY PERSONAL DELIVERY OR FIRST CLASS U.S. MAIL:
The Honorable Edgar B. Bayley, Jr.
One Courthouse Square
Carlisle, PA 17013
Herbert G. Rupp, Jr. Esquire
P.O. Box 395
Camp Hill, PA 17001-0395
Jacqueline M. Vemey, Esquire
44 South Hanover Street
Carlisle, PA 17013
COL Frederick E. Gerber II
4287 Keamey Lane
Fairfax, VA 22033-4294
Ms. Marilyn Gerber
42 Drexel Place
New Cumberland, PA 17070
( LilY'aY Dare B ai(tfd,]Esquire /
_8fipreme Court ID-~ 72083
37 South Hanover Street
Carlisle, PA 17013
(717) 243-5732