The URL can be used to link to this page

Home My WebLink About01-22-14 _ i'°� �'7r � __ � ..�-_ � O C.w. � 4r'� '} { � W � -��- tJ� � �. � ._,� C� � � �' t��"i N � � � � � � � � � � � � � � � � � � �� '� � � � � �..,,, �� Keith O. Brenneman,Esquire Attorney ID#47077 44 West Main Street Mechanicsburg, PA 17055 Cumberland County Assistant Solicitor � (717 697-8528 ESTATE OF CHARLOTTE STONE, : IN THE COURT OF COMMON PLEAS OF Deceased : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 21-13-88 : ORPHAI�1'S COURT DIVISION MOTION TO QUASH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY Cumberland County Aging and Community Services,by Cumberland County Assistant Solicitor, Keith O. Brenneman, submits this Motion to Quash Subpoena To Produce Documents or Things for Discovery as follows: 1. On or about Ja.r�uary 6, 2014 a subpoena was served upon Cumberland County Aging and Community Services (the"Subpoena") seeking the production of all records regarding Charlotte Stone from January 1, 2010 to January 12, 2013 (the"records"). A txue and correct copy of the Subpoena is attached hereto and incorporated by reference herein as"Exhibit A". 2. The services by Cumberland Aging and Community Services for Charlotte Stone related to services provided under the Older Adults Pro�ective Services Act (35 P.S. §§ 10225.101-10225.5102). � • 3. Information noted in records maintained by Cumberland County Aging and Community Services in protective services case files is by law confidential. See Title 6 Pa Code §15.101. 4. Information in a protective se�vices case record may not be disclosed, except, inter alia,to a court of competent jurisdiction or under a court order. In addition, Cumberland County Aging and Community Services may disclose such record information for the purposes of in camera review by the court. See Title 6 Pa Code §15.1 OS(1). 5. The release of information that would identify the person who made a report of suspected abuse,neglect, exploitation or abandonment or a person who cooperated in a subsequent investigation is prohibited by law unless the Secretary of the Department of Aging determines that the release will not be detrimental to the safety of the person. See Title 6 Pa Code §15.105(5). 6. Counsel for Cumberland County Aging and Community Services on January 20, 2014 consulted with Attorney Louis J. Michelsen who had the Subpoena issued and Attorney Michelsen does not consent to the Subpoena being quashed. 7. The Honorable Thomas Placey it is believed has issued previous orders with respect to the Estate of Charlotte Stone. -2- c • WHEREFORE, Cumberland County Aging and Community Services requests this Court to either issue an Order quashing the Subpoena or in the alternative, direct the release of such records only in accordance with law as it applies to the Older Adults Protective Services Act and the regulations pertaining to that Act. SNELBAKER& BRENNEMAN,P. C. Date: January 21 , 2014 By: � Keith O. Brenneman, Esquire Attorney ID No. 47077 � 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Cumberland County Solicitor � -3- i • VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. QJI.t�,C��. �,t� Priscilla Whitman, Cumberland County Department ofAging and Community Services Date: i�al�1�-{ 2 � � � � � . � - . o..�.��o COMMONWEALTH OF PENNSYLVANIA � COUNTY OF CUMBERLAND . . File No.2'1-13-88 _ , Estate of Charlotte Stone, Deceas� . • Orphan's Court Division - : � � SUBFOENA TO PRODUCE DOCUMENTS UR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T�: Cumberland Ccunty Department of Aging a�d �om:�=.�r��y�S�;r�i�a� � (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: � All records regarding Charlotte Stone from January 1, 2010 to the January 12, 2013 at 1100 Claremont Rd, Carlisle, PA 17015 " � (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. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NA.MF: Louis J.Michelsen, Esq ADDRESS: 800 N.Second Street Harrisburg, Pa. 17102 TELEPHONE:717-238-1657 SUPREME COURT ID#90582 ATTORNEY FOR: Petitioners BY HE COURT: , , � ,.� Regis ills/Cler f the Orphans' Court � _ Date: �r� � . � S aI o the Court � eputy EXHIBIT A � � . CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN,ESQUIRE,hereby certify that I have,on the below date, caused a true and correct copy of the foregoing Motion to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSSED AS FOLLOWS: Louis J. Michelsen,Esquire Law Offices of Ira H. Weinstock, P.C. Suite 100 ' 800 North Second Street Harrisburg, PA 17102 Wayne F. Shade, Esq�ire . 53 West Pomfret Street Carlisle, PA 17013 SNELBAKER&BRENNEMAN,P.C. By: r Keitlz O. Brenneman,Esquire Attorney ID No. 47077 44 West Main Street Mechanicsburg,PA 17055 (717) 697-8528 Assistant Solicitor, Cumberland County Date: January 22 , 2014