HomeMy WebLinkAbout03-21-01 (13) IN RE: : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
APPOINTMENT OF A GUARDIAN : OF PENNSYLVANIA
OF THE ESTATE OF :
MILDRED J. GERBER : ORPHANS' COURT DIVISION
:
: NO. 21-01-92
MOTION TO QUASH SUBPOENA
AND NOW, comes Mary-Jo Mullen, Senior Assistant District Attorney, who
respectfully avers the following:
1. The attached subpoena was received by the Office of the District Attorney on March
19, 2001, for appearance and production of documents on the morning of March 22,
2001. (See Exhibit A).
2. Rule 4009.21 of the Pennsylvania Rules of Civil Procedure establishes the guidelines
under which a subpoena is served. This petitioner believes and ther:efore avers that
this subpoena was not issued according to Rule 4009.21. -
3. The attached subpoena demands appearance in person as well as the produc~,tion of
documents.
4. No subpoena in proper form to demand production of documents was served;
5. Subpoena was served without issuing to every other party to the action, the 20-day
notice of intent to serve a subpoena to produce documents as provided in Rule
4009.21.
6. Two and one-half days is insufficient notice as Pa.R.C.P. No. 4009.23 allows for
twenty days to produce documents.
7. Mary-Jo Mullen was the Assistant District Attorney who prosecuted Marilyn Gerber
on behalf of the Commonwealth at docket number 98-1435. As a result, defendant
Gerber was convicted by a jury of Defiant Trespass. Any information Mary-Jo
Mullen possesses on defendant Gerber relates to that criminal prosecution.
8. According to the Pennsylvania Criminal History Record Information Act, 18
Pa.C.S.A. § 9101 et seq., Mary-Jo Mullen is not permitted to divulge any
investigative information contained in the files maintained by the Cumberland County
District Attorney's Office.
9. Rule 573 of the Pennsylvania Rules of Criminal Procedure states that disclosure shall
not be required of legal research or of records, correspondence, reports, or
memoranda to the extent that they contain the opinions, theories, or conclusions of
the attorney for the Commonwealth or the attomey for the defense, or members of
their legal staffs. This subpoena cannot mandate disclosure of such attorney work
product from the criminal prosecution of defendant Gerber.
10. Mary-Jo Mullen is unable to appear in person due to a prior commitment to
participate in Career Day at Good Hope Middle School on March 22, 2001.
WHEREFORE, petitioner respectfully requests this Honorable Court to quash the
above-mentioned subpoena.
Respectfully Submitted,
l~ary-J~ l(,lullen
Senior Assistant District Attorney
HAR 1 9 ~?001 SUBPOENA
Cumberland County, SS: ~,.~ ....... -- -~.~rv
~' (/-~--~ ,~'~ 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 ~ ~9~/ at. ff~: ~M.
[prevailing time] of that day, to testify all nod singular those things which
yo~ shal~ know in a certain inform~f~~~~
proceedings against you an~or issuance of a bench warrant to secure
your presence.
WITNESS the Honorable George E. Hoffer,
President Judge, at Carlisle, the
day of
~~D~ ~mo t
CL RK OF O ANS