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HomeMy WebLinkAbout05-10-05 (2) INRE: MILDRED J. GERBER TRUST UNDER AGREEMENT DATED DECEMBER 19, 1997 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-2002-0540 ( 1-,.'. !.,,'''' (,'; I.,il OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 AND MOTION TO QUASH Richard C. Rupp, Esquire objects to the subpoena that is attached to these objections for the following reasons: 1. The attached subpoena is for the production of documents. 2. The 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. 3. Some of the documents are not discoverable. VERIFICATION I, Richard C. Rupp, Esq. verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. Said statements are based on my own knowledge, belief or information or information provided me. I understand that false statements herein are made subject to penalties of 18 Pa. C.S.A. * 4904 relating to unsworn falsification to authorities. Date: <1D/ Of /0.} Richard C. Ru . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RE. A11~ ::J. f~; 61!1Jmwr;1 ~- FileNo. cJ(f/~-;)sz/d SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: 1/1., I<t~ Ru/;::; (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: /2tL-oui~ ~-/br ( t' at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the PartY making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. NAME: ADORE S: AT THE REQUEST OF THE FOLLOWING PERSON: '.:3 TELEPHONE: 7/7 Sl)3/'\cro SUPREME COURT ID # ATTORNEY FOR: BY THE COURT: vUP J>nAll MCUl\o), ~I\\'-'Cl_"->-.o.\,--- Register of Wills/Clerk of the Orphans' \ Court Seal of the Court ~9 y- ~.1J ~)J\+ Date: Deputy April 19,2005 Richard Rupp, Esquire 355 North 21st Street Camp HiII,PA 17011 Dear Mr. Richard Rupp: You have been supoened and I am asking that you submit the following documents concerning the billable hours and fees for services which you charged the Trustee for the Fred E Gerber,Sr. Trust and the Mildred J. Gerber Trust. I have submitted two separate supoenas for each Trust known as the Fred EGerber,Sr. Trust and the Mildred J. Gerber Trust. I am requesting the following documents. 1. All documents which outline for what services you charged either the Fred E Gerber,Sr. Trust or the Mildred J. Gerber Trust. 2. All documents which your hourly rate for all services charged to the Fred E. Gerber,Sr. Trust and the Mildred J. Gerber Trust. 3. All documents which involved any other third party contractor, attorney that was related to your charging and billing the Fred E. Gerber,Sr. Trust and the Mildred J. Gerber Trust. I am referring to possibly Lindsay Baird or any other entity as an accounting firm or any company or individual that were included in your billable hours for the two stated Trusts. 4. All documents that involved wire transfers for the receipt of moneys that paid for your services that you billed the Fred E. Gerber,Sr. Trust and the Mildred J. Gerber Trust. 5. All documents that you paid to anyone else for services that were paid for services rendered for the Fred E. Gerber,Sr. Trust and the Mildred J. Gerber Trust. 6. present. All documents are requested from the time period of 1998 until the 7. All documents that involved checks for any payments received or written for the Fred E. Gerber, Sr. Trust or the Mildred J. Gerber Trust, including a copy of the front and back. " If you have any questions, please call me. April 19,2005 Richard Rupp,Esqire 355 21 st Street Camp HiII,PA 17011 Dear Richard: I have served you with a supoena to produce my Request for Documents for the billable hours and all billed services for the Fred E. Gerber Trust and the Mildred J. Gerber Trust that was mentioned in the Accounting of the two stated Trusts that you filed with the Court on January 28,2005 as well as the previous Accountings that you filed for the two stated Trusts with this Court since July 2002. Since your client Frederick E. Gerber,lI may never submit documents during the stipulated time of discovery, I am forced to supoena documents from the source which is you. I am not asking for attorney/client privileged documents. I am asking for financial records with the same specificity that I have the right to request from all vendors who were paid by the Trusts. Therefore, I shall expect all billable hours that were billed to the above stated Trusts with the breakdown for services rendered. I shall not accept a total figure as you submitted for the Court accounting. I fell that you have had sufficient time to reconstruct the billable hours by now as it has been three years since this Court ordered the Accounting. Please be so kind as to let me know if you are going to file a Motion to Quash my supoena. You shall have exactly 30 days to produce the requested documents which shall be due on May 19,2005. I shall have the right to examine the original documents which you are going to submit on May 19,2005. I shall to this on May 20,2005 by inspecting each submitted document with the original document. If you do not wish to do this in your offices, then please indicate your objection and I shall inform you where we shall do this. If you fail to provide the Requested Documents and do not file a MOtion in contrary to my request, then I shall file a motion to Compel you to submit the requested billable hours as well as ask for Sanctions with all attorney fees and any other remedy that the Court may deem appropriate. Enclosed is the supoena for Request for Production of Documents. Please feel free to contact me if you have any questions. cc. William Duncan,Esquire CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, hereby certify that a true and correct copy of the foregoing document was served upon the following, the date indicated, by placing the same in US Mail, first class, postage prepaid: Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 Marilyn J. Gerber 717 Market Street Apt 317 Lemoyne, PA 17043 Lindsay D. Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 William Duncan, Esquire 1 Irvine Row Carlisle, PA 17013 Date: 6q D 1/6b Ri hard C. Rupp, Esq RUPP AND MEIKLE 355 N. 21st Street Suite 205 Camp Hill, PA 17011 (717) 761-3459