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Louis Michelsen, Esquire
Attorney ID#90582
Ira Weinstock, P.C. CIAVIDUERLAND CO., PA
800 N. Second Street
Harrisburg, Pa. 17102
{717}238-1657
IN RE. IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
ESTATE OF CHARLOTTE STONE, ORPHANS' COURT DIVISION
DECEASED No. 21-13-88
RESPONSE TO CITATION TO SHOW CAUSE
NOW comes Joy Nargi, daughter of the Decedent, Tammy Duncan, daughter of the
Decedent, Angela Book, daughter of the Decedent, and Debbie Ulsh, daughter of the Decedent,
herein after "Petitioners,' submits this Response to Cumberland County Aging and Community
Services' Motion to Quash Subpoena To Produce Documents or Things for Discovery.
1. On or about August 22, 2013, Petitioners filed a Citation for Appeal from Probate
in the Orphans' Court of Cumberland County, Pennsylvania. Petitioners alleged that undue
influence resulted in the writing of the February 11, 2009 Last Will and Testament of Decedent
Charlotte Stone.
2. In particular, Petitioners alleged at paragraph j. of the Citation the following: "In
October or November 2011,the Department of Aging of Cumberland County investigated Bruce
Stone for alleged abuse of Decedent."
3. The parties are in the discovery phase of litigation.
4. On or about January 6, 2014, a subpoena was served upon Cumberland County
Aging and Community Services seeking to produce records regarding Decedent from January 1,
2010 to January 12, 2013. The subpoena was signed by the Cumberland County Register of
Wills/Clerk of Courts of the Orphans' Court on December 2, 2013.
5. Cumberland County Aging and Community Services asserts that all such material
subject to the subpoena are by law confidential.
6. However, it concedes that there are exceptions to such confidentiality, such as "to
a court of competent jurisdiction or under a court order." Citing Title 6. Pa. Code §15.101.
7. Petitioners aver that such information is discoverable pursuant to the exceptions
enumerated in Section 15101 as it is vital information necessary to aid the fact finder in deciding
this litigation. Moreover, it is clearly in the best interest of the Decedent that such information
be obtained, as these are her records and not adverse to her character—the allegation is she was
abused.
8. Respondent, Bruce Stone, has signed a waiver not objecting to Petitioners'
subpoena requests.
9. Finally, in its prayer for relief, Cumberland County Aging and Community
Services requests that either the subpoena be quashed or that the records be released pursuant to
the law regarding such records, i.e. that a court order direct such release. Respondents agree that
such an order authorizing the release is appropriate.
WHEREFORE, Petitioners request that this Court deny the Motion to Quash Petitioners'
Subpoena and direct that Cumberland County Aging and Community Services comply with the
duly signed subpoena.
Respectfully Submitted,
IRA H. WEINSTOCK, P.C.
800 North Second Street
Harrisburg, PA 17102
Phone: 717-238-1657
By: 1 2z
LOUIS J. MICHELSEN
CERTIFICATE OF SERVICE
AND NOW, this 20" day of February, 2014, I, Louis J. Michelsen, Esquire, attorney for
Petitioners, hereby certify that I served the within RESPONSE TO CITATION TO SHOW
CAUSE this day by depositing the same in the United States mail, postage prepaid, in the post
office at Harrisburg, Pennsylvania, addressed to:
By First Class Mail:
The Honorable Thomas A. Placey
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, PA 17013
By:
4U-TlSJ. LS EN