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HomeMy WebLinkAbout05-17-01 MILDRED J. GERBER and MARILYN J. GERBER, Plaintiffs THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS COURT DIVISION vs. NO. 21 - 2001 - 189 FRED E. GERBER n, TRUSTEE Defendant MOTION TO MAKE RULE ABSOLUTE AND NOW, Plaintiff Marilyn J. Gerber, through her attorney, Michael 1. Kane, moves this Honorable Court to make absolute its rule to show cause issued to defendant and states in support thereof 1. On March 28,2001, Plaintiff filed a Motion To Compel Discovery and for Sanctions. 2. In said Motion, Plaintiff sought an order from the court that Defendant be required to produce certain Documents pursuant to a Motion for Production of Documents and that Defendant pay reasonable costs and attorney's fees to Plaintiff for having to seek a Motion to Compel. 3 On April 20, 2001, this court issued a Rule on Defendant to show cause why the relief requested should not be granted 4. On March 10,2001, Defendant served a Response to Plaintiff's Motion. 5. Defendant's response admits: A. That he was served with the Discovery Motion on December 12, 2000. B. Admits that no compliance to the Discovery motion had been made as of AFFIDA VIT COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND I, Michael 1. Kane, hereby swear and affirm under penalty that I expended 1.4 hours in the discussion with Defendant's attorney regarding Request for Production of Documents, preparation and service of Plaintiff's Motion to Compel Discovery and for Sanctions and preparation and service of Plaintiff's Motion to Make Rule Absolute. I further state that my fee agreement with Plaintiff provides for compensation at the rate of$150 per hour, which is my ususal and customary rate. Date: .; ~t~ \ () t L4.~~~4- Michael 1. Kane CERTIFICATE OF SERVICE I, Michael J. Kane, do hereby certify that, on the ( \..( "t- day of fL.<.., , 2001 I placed a true and correct copy of: MOTION TO MAKE RULE ABSOLUTE in the United States Mail, first class postage prepaid, and addressed to: Lindsay Dare Baird Attorney At Law 37 South Hanover Street Carlisle, PA 17013-3307 ~~~ Michael J. Kane KANE AND MACKIN, LLP A TTDRNEYS AT LA W 3300 TRINDLE ROAD CAMP HILL, PA 1701 1-4432 MJKANEJD@NETSCAPE.NET HTTP://sITES.NETSCAPE.NET/KANEMACKIN 717-214-3700 717-214-3703 (FAX) MICHAEL J. KANE CHARLES P. MACKIN May 14,2001 Clerk of the Orphans Court Cumberland County Court House 1 Courthouse Square Carlisle, P A 17013 Re: Gerber and Gerber v. Gerber, Trustee NO. 21 - 2001 - 189 Dear Sir / Madam Please find enclosed a Motion to Make Rule Absolute, a proposed order and envelopes for service of the order. Please accept same for filing and return a date stamped copy to me in the enclosed envelope. Thank you. Very truly yours, Kane and Mackin, LLP by: \l{~~j~ Michael J. Kane MILDRED J. GERBER and MARILYN J. GERBER, Plaintiffs THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION vs. NO. 21 - 2001 - 189 FRED E. GERBER IT, TRUSTEE Defendant ORDER AND NOW this day of ,2001, upon consideration of Plaintiff's Motion To Compel Discovery and For Sanctions, and Defendant's failure to show cause why relief should not be granted, it is hereby ordered that: 1. The Rule is Made Absolute. 2. Defendant shall forthwith provide all documents requested by Plaintiff's Discovery Request. 3. Defendant shall pay Plaintiff attorney's fees and costs in the amount of $210. 4. Defendant shall pay Plaintiff as a sanction for failing to comply with Plaintiff's discovery request. BY THE COURT 1.