HomeMy WebLinkAbout03-21-01 (7) IN THE COURT OF COMMON PLEAS
IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: ) Docket No. 21-01-92
Mildred J. Gerber )
) Guardianship
)
) Honorable Edgar Bayley, Judge
MOTION TO QUASH SUBPOENAS
AND NOW comes Jeffi'ey J. Wood, Esquire, and Jacqueline M. Welby, Esquire, Chief
Counsel and Assistant Counsel, respectively, to the Pennsylvania Department of Aging,
Governor's Office of General Counsel, in accord with The Commonwealth Attorneys Act
(71 P.S. § 732-301(3)) and the Pennsylvania Department of Aging enabling legislation
(71 P.S. § 581-1(1)), and respectfully represents as follows, viz:
1. That Marilyn Gerber, daughter to Miffed J. Gerber, delivered to the
Department of Aging, on March 19, 2001, subpoenas for Department of
Aging employees Dennis DeSantis and Ida Davis to appear at a proceeding
before Your Honorable Court on March 22, 2001 at 10 AM prevailing time.
2. That said subpoenas were delivered in derogation of Pa. R.C.P. Nos. 234.1
and 234.2 (see 42 Pa. C.S.A. § 5905) as Dennis DeSantis and Ida Davis were
not properly served with the said subpoenas as the individual to whom the
subpoenas were delivered was not an authorized agent of Dennis DeSantis
and/or Ida Davis (see Pa. R.C.P. No. 402(a)(2)(iii)), and as Dennis DeSantis
and Ida Davis did not receive timely Notice for production of documents (see
Pa. R.C.P. No. 4009.1) and as Dennis DeSantis and Ida Davis did not receive,
after request by telephone to Marilyn Gerber (1.717.503.5280), the mandated
witness fees and costs (see Pa. R.C.P. No. 234.2(c) and 42 Pa. C.S.A. §
5903).
WHEREFORE, Dennis DeSantis and Ida Davis, by and through legal counsel,
respectfully request Your Honorable Court to Quash the said subpoenas.
The undersigned legal counsels hereby verify that the foregoing information is true and
correct to the best of their information and belief and that they understand that such
statement is made subject to penalties of the Pennsylvania Crimes Code relating to
unswom falsification to authorities at 18 Pa. C.S.A. § 4~tfully this 20th day of
March, 2001, by:
Jet~et~ J. ~l~rood, Esquire (38579)
Chief Counsel
M. Wel~y, Esquire (57~)
ounsel
ylvania Department of Aging
Governor's Office of General Counsel
555 Walnut Street, 5~ Floor
Harrisburg, PA 17101-1919
1.717.783.1609
1.717.772.2668 FAX
CERTIFICATE OF SERVICE
It is hereby certified by Jeffrey J. Wood, Esquire, Chief Counsel to the Pennsylvania
Department of Aging, Governor's Office of General Counsel, that a tree and correct copy
of the foregoing MOTION was duly served upon Marilyn Gerber, in accord with Pa.
R.C.P. No. 440, by Federal Express Mail this 20t~ day of March, 2001, addressed to:
Marilyn Gerber
42 Drexel Place
New Cumberland, PA 17070
J~ J.~good, Esquire (38579)
Cl[ief Counsel