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HomeMy WebLinkAbout03-22-01 (3)IN RE: Appointment of Guardian : IN THE COURT OF COMMON PLEAS For the Estate of Mildred J. Gerber : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION : No. 21-01-92 MOTION TO QUASH SUBPOENAS AND NOW, comes Anthony L. DeLuca, Esquire, Solicitor For the Area Agency on Aging, in and for Cumberland County, Pennsylvania and respectfully moves this Honorable Court to Quash the below listed subpoenas for the following reasons: 1. That Marilyn Gerber, daughter of Mildred J. Gerber, delivered to the Area Agency on Aging, on March 19, 2001, subpoenas for Beverly Christ, Sandra Gurreri, and Priscilla Whitman, employees of the Area Agency on Aging, in and for Cumberland County, Pennsylvania to appear at a proceeding before Your Honorable Court on March 22, 2001 at 10 A.M. prevailing time. 2. That the said Marilyn Gerber did not comply with the Pennsylvania Rules of Civil Procedure regarding Subpoenas as follows: a. Sandra Gurreri was not personally served nor was she served by mail as required by Pa. R.C.P. 234.1 and 234.2. See also 42 Pa. C.S.A. 5905. The subpoena was delivered to an individual who was not an authorized agent of Sandra Gurreri nor the person in charge of the office for the time being. See Pa. R.C.P. 402(a)(2)(iii); and b. Timely Notice was not received by Beverly Christ, Sandra Gurreri, and Priscilla Whitman for the production of Documents as required by Pa. R.C.P.4009.1 nor was there compliance with Pa. R.C.P.4009.21 through 4009.27; and c. Beverly Christ and Priscilla Whitman did not receive, a_~er request by telephone to Marilyn Gerber, the mandated witness fees and costs. See Pa. R.C.P. No. 234.2© and 42 Pa. C.S.A.5903. WHEREFORE, Beverly Christ, Sandra Gurreri, and Priscilla Whitman respectfully request this Honorable Court to Quash the said Subpoenas. Respectfully Submitted, Anthony L. Del~ica, Esquire 113 Front Street Boiling Springs, PA 17007 (717) 258-6844 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Motion to Quash Subpoenas are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. IN RE: Appointment of Guardian : IN THE COURT OF COMMON PLEAS For the Estate of Mildred J. Gerber : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION : No. 21-01-92 CERTIFICATE OF SERVICE The undersigned does hereby certify that a tree and correct copy of the foregoing document was duly served upon Marilyn Gerber, in accord with Pa. KC.P. No. 440, by personally handing her a copy of the Motion and Order to Quash Subpoenas on March 22, 2001. A~thony L. i~ca,'Es4uire- 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844