HomeMy WebLinkAbout03-23-01 (5)HHK-ZI-ZUUI WtP U~:q~ V~ flBIIB ~VHN~ G WUUUSIDE PHA ~U, iIiLaDI~ID K, UJ
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVAN IA
ORPHANS' COURT DIVISION
IN RE: : No. 21-01-92
AIPPOINTMENT OF A GUARDIAN :
OF THE ESTATE OF MILDRED J. GERBER, :
an alleged incapacitated :
MOTION TO QUASH SUB'POENA
AND NOW, this 21*t day of March, 2001, Natalie Gillis, by her attorneys,
'McLte, Evans & Woodside, P.C., pursuant to Pa, R.C.P. 234.4 (b), rcspecthflly
moves ~his }-Ionorab]c Court for an Order quashing the Subpoena issued in the
abovc-captioued action, served by Marilyn J. Gerber on Natalie Gillis, GNP.
~_ubpoena to Require,. A~.p. pearance
1. Natalie Gillis, CNP, is not a party to the abovc-ca.ptioned action.
2. Ma.rilyn J, Gerbor, a party to the above-captioncd action served a
Subpoena upon Natalie Gillis to appear before the Court on March 22, 2001. at
t t:00 a,m. to testify with respect to the Guardianship l-leering. A copy of said
Com't Subpoena is attached hereto and mm'kcd as Exhibit "A."
3. The "Guardianship Hearing' is a continued hearing in thc above-
captioned action to dctcrmine whether or not a Guardian of the Estate should
ho al)pointed for Mildred J. Gerber.
4. The question in thc Gu~u'dianship Hearing is whether Mildred J.
Gel-be~' is likely to become tho victim o[ designing persons.
5, Natalie Giliis, CNP, is employed as a certified nurse practitioner in
t~(; Emergency Room at Holy Spirit Hospital.
6. The only contact of any kind between Natalie Gillis, CN [', ~tll(l
Mildred J. Gerber, was 0n July 31, 2000 when Ms. Gillis treated Ms. Gerber i~
tho Emcrg~::ncy Rooin at IIoly Spirit Hospital.
7. Natalie Gill.is knows nothing relevant from pcrsonal co~ttact, with
resl~cct to whether Mildred J, Gerber is likely to become the victim of dcsig~H~g
8. The subpoena was sez~ed upon Natalie Gillis, CNP, at
~qqwoximately 6:00 p.m. on March 19, 2001, thus allowing only 64'/~ total hours
befo~'c hct' rcq~tired appearance in Court and only 16 business hours be[ore her
.required appearance ia Court.
9. The manner in which Marilyn J. Gerber delivered the Subpocua
'upo~ Natalie Gi~lis allowed no opporttu~ity for Natalie Gl]lis to demand thc
w'itlleSs fee wlHch she would have demanded,
10. Therefore the Subpoena served on Nat~die Gillis to appeax before
[l~i.s Court on March 22, 2001 a.t 11:00 a.m. is unreasonable, vc×atious and
oppressive because of:
~I~K-~I-2OL)i WP_D U,~:bU H~l ~IE'I"I'E EVANS ~ WUUDSIDE hAX NL). /l//2b1~1~ H, Ub
a. Too short of time between service of Subpoena and require
a.ppearanco in Court;
b. No contact with Mikh'od J, Gerber after July 3 l, 2000; and
c. No witness fee was provided and no opportunity to demand a
witness £ee was allowed.
I[ _R~XLu~est for Prod.ction of Documents
1. In the Subpoena for appearance is an apparent request for
prodttctioa o[ documents.
2. The request [or documents violates Pa. R. C.P, 4009.22 and 4009.23
because no Certificate of Compliance was served with the Subpoena,
3. Thc fcc for one day's attenda.nce and round trip mileage was not
tendered with the Subpoena as required by Pa, R,C.P. 234.2 (e) rendering it
invalid.
Wt-IEREFORE, Natalie Gillis, respectfully requests that this Honoral,le
Court quash thc subject Subpoena as to tho personal appearance of Naia]
Gill is and for production of documents.
Supreme C~,~.I~. ~: 15907
3401 North ~'ont Street
P. O. Box 5950
Harrisburg, PA 17110-0950
'DATIq D: O:Y21/01 (717) 232-5000
SUBPOENA
Curab~rland County, $$:
GREETING:
We command you and each of you, that, setting aside '~11 m~nner of
busings and excuses, you be and appear iQ your proper per, on before
our Judge~ at Carlisle, at our County Court of Common Pleas, O~hans'
*Court Division,g~re to be h~ld in ~e County of Cumberland, on the
yau shall know in · ~r~ln i~o~aUon for '
Failure to ~pp~ar m~relult~ thc initiation of contempt of court
proceedings ag~iazt you and/or issuance of a bench warrant to secure
your pr~encc.
WITNESS the Honorable George E. Hoffcr, -~
President Judge, at Carlisle, rite__L.~[_~_.
FIAK-~I-/UUI WP_L) U3:bLi ?ri I1E'I'TE EVANS & WUUDSIDE PAX NO, {1{23t::ilt~11:i r', U[
VERIFICATION
I, Craig A. Stone, verify that tim facts set forth in the foregoing Motion ~o
Quash Subpoeaa arc true and correct to the best of my ~owledge, information and
belier
The undersigned understands that false statements herein are made subject to
the pe'nalties of 18 Pa. C.S.A, 4904 relating to unsworn falsification to au£horities.
i 't ~' ';\
Date: March 21, 2001 ~" .:', : .~,
:!55277_1
CERTIFICATE OF SERViC [';
I certi[y that 1 am this day serving a copy o[ the Iorogoing document upon
the person(s) and in the manner indicated below, which sca'vice satisfies thc
requirements of thc Pennsylvania Rules of Civil Pi'ocedure, via U.S, Mail, First
Chess, postage prepaid to the lollowing:
Marilyn J. Gerber
42 Drexel Place
New Cumberland, PA 17070
M V~ & WOODS[D[.
BY: ;
-Crai~A. ~o![e, is(~firc
Supreme C[~ ~.D. ~: 15907
3401 North Front Street
P. O. Box 5950
ItaZTisburg, PA 17J 1.0-0950
(717) 232-5000
DA'rig: 03/21/01