HomeMy WebLinkAbout03-20-01 (4) COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: : No. 21-01-92
APPOINTMENT OF A GUARDIAN :
OF THE ESTATE OF MILDRED J. GERBER, :
an alleged incapacitated person .'
MOTION TO QUASH SUBPOENA
Herbert Rupp, by the undersigned counsel respectfully moves this ~t~onorable
Court pursuant to Pa. R.C.P. 234.4 to quash the Subpoena, copy attache~~ se~ed by
Marilyn J. Gerber on Herbe~ Rupp.
I. Subpoena to Require Appearance
1. Marilyn J. Gerber, a party to the above-captioned action served a Subpoena
upon Herbert Rupp to appear before the Court on March 22, 2001 at 10:30
a.m. to testify with respect to the Guardianship Hearing.
2. The "Guardianship Hearing" is a continued hearing in the above-captioned
action to determine whether or not a Guardian of the Estate should be
appointed for Mildred J. Gerber.
3. The question in the Guardianship Hearing is whether Mildred J. Gerber is
likely to become the victim of designing persons.
4. Herbert Rupp represented Mildred J. Gerber as legal counsel up to on or
about November 1, 1999.
5. The last contact of any kind between Herbert Rupp and Mildred J. Gerber was
on or about November 1, 1999.
6. All matters between Mildred J. Gerber and Herbert Rupp prior to on or about
November 1, 1999 are confidential and subject to the attorney-client
privilege.
7. Herbert Rupp knows nothing relevant from personal contact, with respect to
whether Mildred J. Gerber is likely to become the victim of designing persons.
8. Rupp and Meikle represent the Petitioner in the above-captioned action,
Frederick E. Gerber, II.
9. All matters between Herbert Rupp of the firm of Rupp and Meikle and
Frederick E. Gerber, II, are confidential and subject to the attorney-client
privilege.
10. Herbert Rupp will assert the attorney-client privilege as to all matters between
him and Mildred J. Gerber and as to all matters between him and Frederick E.
Gerber, II.
11. The Subpoena was served upon Herbert Rupp at 5:00 p.m. on March 19,
2001, thus allowing only 65 1/2 total hours before his required appearance in
Court and only 16 business hours before his required appearance in Court.
12. Therefore, the Subpoena served on Herbert Rupp to appear before this Court
on March 22, 2001 at 10:30 a.m. is unreasonable, vexatious and oppressive
because of:
a. Attorney-client privilege with respect to Mildred J. Gerber and Frederick
E. Gerber, II.
b. Too short time between service of Subpoena and required appearance
in Court.
c. No contact with Mildred J. Gerber after on or about November 1, 1999.
II. Request for Production of Documents
1. In the Subpoena for appearance is an apparent request for production of
documents.
2. The request for documents violates Pa. R.C.P. 4009.22 and 4009.23 because
no Certificate of Compliance was served with the Subpoena.
III. Petition (Motion) of Marilyn J. Gerber
1. The Petition (Motion) attached hereto, without exhibits, was filed by Marilyn J.
Gerber on March 16, 2001 to the above-captioned action.
2. The Petition (Motion) contains 17 pages, without exhibits.
3. The Petition (Motion) is not verified, is irrelevant and immaterial in the
Guardianship proceeding, is rambling and full of non-sequiturs, and is an
example of the vexatious actions of Marilyn J. Gerber.
WHEREFORE, your Movant requests your Honorable Court to quash the
Subpoena served upon Herbert Rupp as to the personal appearance of Herbert Rupp
and for production of documents.
Respectfully submitted,
RUPP AND MEIKLE
Richard C. Rupp
Sup. Court I.D. No.: 34832
355 North 21st Street, Suite 205
Camp Hill, PA 17011
(717) 761-3459
Attorney for Herbert Rupp
3
VERIFICATION
I, Herbert Rupp, verify that the facts set forth in the foregoing Motion to Quash Subpoena
are tree and correct to the best of my knowledge, information and belief.
The undersigned understands that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities.
Date:
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 ~.~-~L . ~ at //~ :~?E)/~ M.
[prevmhng t,me] of that day,~y ~~ingUl~Ose things which
you shall know ina certain informati~~~~~~ //
· ~~~ / -~. ,
proceedings against you and/or iss~ce of a benc~ warrant to secure
you. re.e ce.
WITNESS the Honorable George E. Hoffer,
President Judge, at Carlisle, the ~ ~ ~
day of t% I~ ~ ~ A.D. ~'~ ,u~,,~ · .,~
~NE. HUNDRED a~ Z C ~ ]
CLERK OF ORPHANS COURT ~