HomeMy WebLinkAbout03-21-01 IN THE ORPHANS' COURT OF THE
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
IN RE:
: Docket No.
Appointment of a Guardian of the
Estate of Mildred Gerber,
an Alleged Incapacitated Person
MOTION TO QUASH SUBPOENA
AND NOW, comes the Petitioner, Richard C. Seneca, Esquire, Director of Legal
Services of the Pinnacle Health System to request that this Honorable Court quash a
subpoena issued in the above-captioned and in support thereof avers as follows:
1. The Petitioner, Richard C. Seneca, Esquire, is a member of the Bar of the
Pennsylvania Supreme Court.
2. Attorney Seneca is the Director of Legal Services for the Pinnacle Health
System and, at all times material hereto, acted in the capacity of legal counsel
to the Pinnacle Health System which includes, but is not limited to, Pinnacle
Health Hospitals d/b/a Pinnacle Health at Harrisburg Hospital.
3. At approximately 4:11 p.m., on March 19, 2001, Marilyn Gerber served or
caused to be served at the offices of the Pinnacle Health System, a subpoena
directed to Attorney Seneca and compelling Attorney Seneca to appear before
the Honorable Edgar B. Bayley on March 22, 2001, at 10:00 a.m. A copy of the
said subpoena is attached hereto as Exhibit "A."
4. The said subpoena further directs Attorney Seneca to provide or disclose, "... all
notes on meetings with the Gerber family in 1998 especially Col. Fred E. Gerber
II, Marilyn Gerber, Jane Gerber Heflin, nurses in ICU Pinnacle Hospital."
5. The said subpoena further directs Attorney Seneca to testify regarding his
knowledge of matters pertaining to the guardianship hearing for Mildred Gerber.
6. In or around 1998, Attorney Seneca was involved, in his capacity as legal
counsel to the Pinnacle Health System and to Pinnacle Health Hospitals d/b/a
Pinnacle Health at Harrisburg Hospital, in legal matters pertaining to the
hospitalization of Mildred C-erber's husband who is now deceased.
7. Attorney Seneca has, at no time, had any involvement in any matters pertaining
directly to Mildred Gerber or to the petition for guardianship which is pending
before this Honorable Court, or to any matter which in any way would affect the
determination of the matters before this Honorable Court.
8. Notes, if any, taken by Attorney Seneca in his capacity as legal counsel for the
Pinnacle Health System and Pinnacle Health Hospitals d/bla Pinnacle Health at
Harrisburg Hospital, are protected and privileged from disclosure by the
attorney-client privilege which is set forth at 42 Pa.C.S.A. {}5928.
9. Notes, if any, taken by Attorney Seneca were taken in anticipation of litigation
and, as such, are protected from disclosure by the attorney-work product
doctrine.
10. Neither the Pinnacle Health System or Pinnacle Health Hospitals d/b/a Pinnacle
2
Health Hospitals at Harrisburg Hospital, waive the attorney-client privilege or the
protections afforded under the attorney-work product doctrine.
11. There are no relevant or material facts in the possession of Attorney Seneca
which would aid this Honorable Court in a determination of the capacity of the
alleged incapacitated person or in a determination of the facts, issues or
arguments raised by the parties or by the objector, Marilyn Gerber.
Wherefore, the Petitioner, Richard C. Seneca, Esquire, respectfully requests
that this Honorable Court enter an order quashing the subpoena issued to him by
Marilyn Gerber.
Respectfully submitted,
Richard C. Seneca, Esquire
PA Supreme Court I.D. No. 49807
Pinnacle Health System
P.O. Box 8700
.... Harrisburg, PA 17105-8700
(717) 231-8250
VERIFICATION
I, Richard C. Seneca, Esquire, verify that the facts set forth in the attached
Motion to Quash Subpoena are true and correct to the best of my knowledge,
information or belief.
Richard C. Seneca, EsCl~i~e' '
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 Court of Common Pleas, Orphans'
Court Division, there to be held in the County of Cumberland, on the
~'~ day of ~~ ~ . /~. __~,~,.,. ~)// at/6) : ~,~ M.
[prevailing time] of that day, t~fi~l~gu~~n~'~hich
you shall know in a certain informa0,on for /~y~/D~Z~/- ~
Il r t~ - 'k?~ ' M /L~,//~
Fa'ue o appear may res/u~tt ~~tm~on of contempt o~ court~,~
proceedings~against you and/or issuance, of a bench warrant to secure
your presence. ~/c~~~R~~J(F/2/); 2 ~
WITNESS the Honorable George E. Hoffer,
President Judge, at Carlisle, the
day of ~/~ RE ~ A.D. ONE TH@USAND
~..NE ~E_~.DP_ED a._-rd ]-.00
CLERK OF ORPHANS' COURT '
Exhibit "A"
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion to Quash
Subpoena was served upon the following persons by depositing the same in the U.S.
Mail, First Class, postage prepaid on March 20, 2001, at Harrisburg, Pennsylvania:
Richard Rupp, Esquire
Rupp & Merkle
355 North 21~t Street, Suite 205
Camp Hill, PA 17011
Marilyn Gerber
42 Drexel~Place
New Cumberland, PA 17070
Dated:
Richard C. Seneca, Esquire