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Home My WebLink About03-21-01 (9) IN RE: · IN THE COURT OF COMMON PLEAS APPOINTMENT OF · CUMBERLAND COUNTY, PENNSYLVANIA GUARDIAN OF THE ESTATE OF · MILDRED J. GERBER, an · ORPHANS COURT DIVISION alleged incapacitated person · NO. 21-01-92 MOTION TO QUASH SUBPOENAS AND NOW, comes PNC BANK, N.A., by and through its attorneys, Saidis, Shuff, Flower & Lindsay, and files this Motion to Quash Subpoenas served upon its' employees and avers in support thereof as follows: 1. On Tuesday, March 20, 2001, Marilyn Gerber served Subpoenas on PNC Bank employees, Jennifer Conway, Thomas D'Lillo, and "Ms. Marie" to appear and testify at hearing for the Honorable Judge Bayley on Thursday, March 22, 2001 at 11:00 a.m. in Court Room #2. A true and correct copy of the Subpoenas are collectively attached hereto as Exhibit "A'. 2. Although not properly identified by name, it is believed that "Ms. Marie" is Marie Sefter, a PNC employee. 3. In addition to directing the employees to appear, the subpoenas request that Jennifer Conway bring "all financial records of checking MM, CD's of Mildred Gerber and Fred E. Gerber, Sr., since 1997, to the present", that Thomas DiLillo bring "copies of all notes, financial reports, etc. on Mildred Gerber", and Ms. Marie to SAIDIS SHUFF, FLOWER & LINDSAY "bring all notes and discussions of conversations with Mildred Gerber, Jennifer ATrOi~I~A'r~LAW 26 w..lr~ s~r~t Conway and Marilyn Gerber". See Exhibit "A". Carlisle, PA 4. Jennifer Conway has already been deposed and testified at previous hearings and has nothing more to add with regard to the issue of Mildred J. Gerber's competency. 5. Thomas DiLillo and Marie Sefter had only brief contact with Mildred Gerber, and have no information or opinions with regard to the issue of competency. 6. Complying with the Subpoenas as served will be extremely burdensome on PNC Bank as all three subpoenaed employees work at the same branch, which will cause scheduling problems and disruption of the bank's operations. 7. The Subpoena served on Jennifer Conway seeks financial information dating back to 1997, which will be impossible for Ms. Conway to review and compile with only two days notice. 8. The financial information sought is believed to be irrelevant to the issue of Mildred Gerber's competency or lack thereof. 9. It is believed and therefore averred that Marilyn Gerber failed to comply with Pennsylvania Rule of Civil Procedure 4009.21 et seq, governing the procedure for subpoenas upon persons not a party to an action. 10. In light of the fact that complying with the Subpoena will be overly burdensome on PNC Bank and its employees; that the financial documentation can- SAIDIS SHUFF,& LINDsAyFLOWER not be compiled on such short notice, and that the three subpoenaed employees have ATTOPd~AT*LAW z6 w. mr~ Street no additional evidence to offer relevant to Mildred Gerber's competency, the garlisle, PA Subpoenas should be quashed. WHEREFORE, Movant, PNC Bank, N.A., requests this Court enter an Order granting its Motion and quashing the Subpoenas served upon Jennifer Conway, Thomas DiLillo, "Ms. Marie" (Sefter). Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY '~-~- ~ ! By' ~/'~ ~ oseph Attorney I.D. # 65551 '~ 26 W. High Street Carlisle, PA 17013 717-243-6222 Attorney for Movant PNC BANK, N.A. SAIDIS SHUFF, FLOWER & LINDSAY A~AT*LAW 26 W. High Street Carlisle, PA VERIFICATION I, Joseph L. Hitchings, Esquire, attorney for PNC Bank, N.A. verify that the statements made in the foregoing Motion to Quash Subpoena are true and correct and certify that I am authorized to do so, and that due to the emergency nature of this Motion, was not able have a representative of the Movant execute a verification within time to file this Motion. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. SAIDIS, SHUFF, FLOWER & LINDSAY Date: ~ ~-o, B~ · J~seph L. Hit~h~ngs, Esquire Supreme Court Id # 65551 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Movant, PNC Bank, N.A. 717737:3407 SAIDIS SHUFF MASLAND 486 P05 MAR ;~1 '01 l~:4b SUBPOENA Cumberland County, SS: ~ '~ ~ ~ ~] ff -~ GREETING: We command you and each of you, that, setting aside all manner of business and excuses, you be a~d appear in your proper person before our ]Judges at Carlisle, at our County Court of Common Pleas, Orphans' Court Division,~there to be l~ld in the County of Cumberland, on the you shall know in a certain inform, ation~ for ~__~_..~. roceedin s against you and/or issuance of a~ench warrant to secure P g ~ WITNESS the Honorable George "e~e~dent ~udge, at ?177Z73407 SAIDIS SHUFF MASLAND 486 P06 MAR ~1 '01 1~;46 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 [prevailing timel of that tgi. to l~tify a~al~ s~ngular zno~e unngs which you shall w in a certain lnfo~rmation .for Failure to appear may result in the initiation of contempt of court proceedings against you and/or issuance of a)~ench warrant to secure WITNESS the Honorable George E. Hoffer, President Judge, at Carlisle, the 7177373407 SAIDIS SHUFF MASLAND 48b t~'/ MHN .~1 '~1 SUBPOENA Cnl~nb~rland Comat~, ~: 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 Caunty Court of Common Pleas, Orphans' Court Division, ther~ to be held in the County of Cumberland, on the [prevailing time] of that day, to testify aH and singular those things which ~on of contempt of court proceedings against you. and/or issu .a~_ ce of/a bench warrant to secure WITNESS the Honorable George E, President Judge, at Carlisle;the . ./c~ CERTIFICATE OF SERVICE day of , , hereby certify that I served a true and correct copy of the foregoing Motion to Quash Subpoena upon all parties of record via United States Mail, postage prepaid, addressed as follows: Richard C. Rupp, Esquire 355 North 21st Street, Suite 205 Camp Hill, PA 17011 Marilyn Gerber 42 Drexel Place New Cumberland, PA 17070 SAIDIS, SHUFF & MASLAND SHUFF, FLOWER & LINDSAY AT~OP~YS*AT~,~W 26 W. High Street Carlisle, PA