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HomeMy WebLinkAbout06-06-08F:\FfLES\Cliems\l ] 145\I 1145.2.mot.quach.wpd Crested: 9120(04 0:06PM Revised: 6!6!08 0:57PM t N ~_ ' George B. Faller, Jr., Esquire -=Q - ~ ` '~ ~ K.D. No. 49813 yn = ~ ; ._r MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ~: =~ ~ ' _ ` ~ ' ` -} 1v1ARTSON LAW OFFICES ~~ x i 10 East High Street , ` ' © ~ ~ +° ~ ,; , (~arlisle, PA 17013 ~, ` ' (717} 243-3341 ~ `-' ~ Attorneys for Respondent Robert G. Frey, Executor of the ~' c- Fistate of Linwood B. Phillips, Jr. IN RE: IN THE COURT OF COMMON PLEAS OF ESTATE OF LINWOOD B. PHILLIPS, JR.,: CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-06-0122 : ORPHANS' COURT DNISION MOTION TO QUASH PURSUANT TO RULE 4009.21 AND NOW, comes Respondent, Robert G. Frey, Executor of the Estate of Linwood B. Phillips, Jr., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby files this Motion to Quash Pursuant to Rule 4009.21, as follows: 1. The moving party is Respondent Robert Frey. 2. Petitioner Alice R. Phillips served Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.2 to Orrstown Bank on May 29, 2008, attached hereto as Exhibit "A." 3. Petitioner Alice R. Phillips, pursuant to Rule 4009.1, failed to provide Respondent Robert G. Frey with notice of intent to serve a subpoena at least twenty (20) days prior to the date of;service. 3. The documents and things requested by the Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.2 were: Linwood B. Phillips, Jr. Checking Account Statements and Checks for period 2001, 2002, 2003 and 2004. 4. The documents and things requested by the Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.2 are available to Petitioner Alice R. Phillips from Respondent Robert G. Grey upon request. WHEREFORE, moving party Robert Frey requests that this Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.2 be quashed as invalid for failure to provide notice pursuant to Rule 4009.1. MARTSON LAW OFFICES By G o e B. alter, Jr., Esgm I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Late: June 6, 2008 Attorneys for Respondent Robert G. Frey, Executor of the Estate of Linwood B. Phillips, Jr. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Z~ RE: Estate of Linwood B. Phillips, ' Jr., Deceased ' File No. 21-06-0122 Alice R. Phillips, Petitioner ORPHANS' COURT DIVISION v. . Robert G. Frey, Respondent SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orrstown Bank (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: Linwood B. Phillips, Jr. Checking Account Statements and Checks for period 2001, 2002, 2003 and 2004 at James Smith Dietterick & Connelly, LLP, 134 Sipe Avenue, Hummelstown, PA 17036 (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. Jf you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Neil Warner Yahn, Esquire ADDRESS: 134 Sipe Avenue Hummelstown, PA 17036 TELEPHONE: (717) 533-3280 SUPREME COURT ID #t 82278 ATTORNEY FUR: Petitioner BY T!-l;E COURT: Register of Wills/Clerk of Court Date: ___.~~ 4 Se' (oft e Cou,-t Deputy Exhibit "A" CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent of Martson Deardorff Williams Otto Gilroy & Falller, hereby certify that a copy of the foregoing Motion to Quash Pursuant to Rule 4009.21 was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Neil Warner Yahn, Esquire JAMES, SMITH, DIETTRICK & CONNELLY, LLP P.O. Box 650 Hershey, PA 17033 Hubert X. Gilroy, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 MARTSON LAW OFFICES By~4 ~ Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 6, 2008