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HomeMy WebLinkAbout03-21-01 (5) 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 Joseph U. Metz, by the undersigned counsel, Movant, respectfully moves this Honorable Court pursuant to Pa. R.C.P. 234.4 to quash the Subpoena, copy attached, served by Marilyn J. Gerber on Joseph U. Metz. I. Subpoena to Require Appearance 1. Marilyn J. Gerber, a party to the above-captioned action served a Subpoena upon Joseph U. Metz 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. Joseph U. Metz represented Mildred J. Gerber as legal counsel up to on or -- about December 2000. 5. The last contact of any kind between Joseph U. Metz and Mildred J. Gerber was on or about December 2000. 6. All matters between Mildred J. Gerber and Joseph U. Metz prior to on or about December 2000 are confidential and subject to the attorney-client privilege. 7. Joseph U. Metz will assert the attorney-client privilege as to all matters between him and Mildred J. Gerber. 8. The Subpoena was served upon Joseph U. Metz at approximately 3:30 p.m. on March 19, 2001, thus allowing only 67 total hours before his required appearance in Court and only 18 business hours before his required appearance in Court. 9. The manner in which Marilyn J. Gerber delivered the Subpoena upon Joseph U. Metz allowed no opportunity for Joseph U. Metz to demand the witness fee which he would have demanded. 10. Therefore, the Subpoena served on Joseph U. Metz 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. b. Too short time between service of Subpoena and required appearance in Court. c. No contact with Mildred J. Gerber after on or about December 2000. d. No witness fee was provided and no opportunity to demand a witness fee was allowed. 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. 2 WHEREFORE, your Movant requests your Honorable Court to quash the Subpoena served upon Joseph U. Metz as to the personal appearance of Joseph U. Metz and for production of documents. Respectfully submitted, JOSEPH U. METZ jBoY:sel~. ~tz Sup. Court'I.D. No..' 32958 214 Pine St. Harrisburg, PA 17101 (717) 232-0879 Movant 3 SUBPOENA Cumberland County, SS: 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 [prevailing time] of that day, to testify all ~ singul~s'~'iI~ng~ whic~ Failure to appea~may result in the initiation of con,erupt of court proceedings against you and/or issuance of a bench warrant to secure your presence. '6~SS the Honorable George E. Heifer, President Judge, at Carlisle, the~ ~ day o~~.~.D. ONE THOUSAND CL 'S'c VERIFICATION I, Joeseph U. Metz, verify that the facts set forth in the foregoing Motion to Quash Subpoena are true 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 unsworn falsification to authorities. CERTIFICATE OF SERVICE I, Lindsay I. Nail, hereby certify that on March 21,2001, I served a copy of the foregoing Motion on the following persons, by hand delivery or by depositing same in the United States mail, postage prepaid, addressed to: Jacqueline M. Verney, Esquire 44 S. Hanover St. Carlisle, PA 17013 Frederick E. Gerber, II c/o Rupp and Meikle 355 N. 21st St., Suite 205 Camp Hill, PA 17011 Marilyn J. Gerber 42 Drexel Place New Cumberland, PA 17070 Jane N. Heflin 270 N. Garfield Lombard, IL 60148 Lindsay I. Nail Date ~ ~~/~/~ ~ / ·