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Home My WebLink About07-16-14 �rP n•,r :.n.,y1P"a) c ,na Cyr Thomas A.French,Esquire,Attorney LD.No 39305 Holly L.Cline,Esquire,Attorney I.D.No.208141 Rhoads&Sinon LLP `�'� 16 N41 3: 22 One South Market Square P.O.Box 1146 Harrisburg PA 17108-1146 rn I Phone: (717)233-5731 0RP!'tA71J C i. I A(torneysfor Wendy Raab Robbins CUMBERLAND nnJ PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In Re: No. 21-12-398 WALTER F. RAAB LIVING TRUST ORPHANS' COURT ------------------------------------------------------------------------------------------------------------ In Re: No. 21-12-399 BERNICE J. RAAB LIVING TRUST ORPHANS' COURT ------------------------------------------------------------------------------------------------------------- In Re: No. 21-I1-842 ESTATE OF BERNICE J. RAAB ORPHANS' COURT ------------------------------------------------------------------------------------------------------------ MOTION OF WENDY RAAB ROBBINS TO MAKE RULE ABSOLUTE Wendy Raab Robbins ("Petitioner" or "Ms. Robbins"), by and through her attorneys, Rhoads & Sinon LLP, files the within Motion to Make Rule Absolute, and in support thereof states as follows: 1. On or about May 9, 2014, Laurie Ann R. Kocher ("Ms. Kucher") and Mandy Raab Carson ("Ms. Carson") served upon Ms. Robbins a Notice of Intent to Serve Two Subpoenas to Produce Documents for Discovery Pursuant to Rule 4009.21 ("Notice") in the above-referenced matters. One of the proposed subpoenas included with the Notice was directed to Jeffrey Robbins ("Jeffrey Robbins Subpoena"). A true and correct copy of the Notice is attached hereto as Exhibit "A." t9h 2. On or about May 29, 2014, Ms. Robbins timely filed Objections to the Jeffrey Robbins Subpoena (`Objections"), objecting to service of the subpoena because, inter alia, the document request set forth therein is overly broad and unduly burdensome and because the subpoena seeks privileged information that is protected as confidential spousal communications. Ms. Robbins also objected to the Jeffrey Robbins Subpoena to the extent it seeks documents that are duplicative of those requested from Ms. Robbins. A true and correct copy of the Objections to the Jeffrey Robbins Subpoena is attached hereto as Exhibit `B." 3. On June 5, 2014, this Honorable Court issued a citation (`Rule") upon all interested parties "to show cause why the relief requested [in the Objections] should not be granted." A true and correct copy of the Court's June 5, 2014 Order is attached hereto as Exhibit «C 4. The Rule was returnable within twenty (20) days from the date of service by the Petitioner. See Exh. C. 5. On June 10, 2014, Ms. Robbins served the Rule via electronic mail and regular mail. A true and correct copy of the June 10, 2014 letter to counsel for Ms. Kucher and Ms. Carson serving the Rule is attached hereto as Exhibit "D." 6. To date, neither Ms. Kucher nor Ms. Carson have filed an answer or response to the Rule and more than twenty (20) days have lapsed since the date of service of the Rule. 7. Accordingly, Petitioner requests that this Honorable Court make the Rule absolute and sustain the Objections to the Jeffrey Robbins Subpoena. 8. In accordance with Cumberland County Local Rule 208.3(a)(2), Petitioner states that Judge Thomas A. Placey has ruled upon other issues in this matter. 9. Pursuant to Cumberland County Local Rule 208.2(d), counsel for Petitioner sought concurrence in this Motion and counsel for Ms. Kucher and Ms. Carson indicated that they do not intend to oppose the Motion. WHEREFORE, Wendy Raab Robbins respectfully requests that this Honorable Court make its June 10, 2014 Rule to Show Cause absolute and enter an Order sustaining the Objections of Wendy Raab Robbins to the Subpoena Directed to Jeffrey Robbins to Produce Documents For Discovery Pursuant to Rule 4009.22, as set forth in the proposed Order filed with this Motion. RHOADS & SINON LLP By: homas A. r nc , Esquire Holly L. Cline, Esquire R140ADS & SINON One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 Attorneys for Wendy Raab Robbins July 15, 2014 Neil E. Hendershot, Esq. (1;23316) 2000 Linglestown Rd., Sulte 201 Harrisburg, PA 17110 717- 540-9170 Email: nhendershotrassbc-law.r-nm IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA In Re: ORPHANS' COURT DIVISION WALTER F. RAAB LIVING TRUST No. 21-12-398 -------------------------------------------------------------------------------------------------- In Re: ORPHANS' COURT DIVISION BERNICE J. RAAB LIVING TRUST No. 21-12-399 --------------------------------------------------------------------------------------------- In Re: ORPHANS' COURT DIVISION ESTATE OF BERNICE 7. RAAB No. 21-11-842 NOTICE OF INTENT TO SERVE TWO SUBPOENAS TO PRODUCE DOCUMENTS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Wendy Raab Robbins, as an Individual and as a Fiduciary of the above- referenced Estate and Trusts c/o Thomas E. French, Esq, One South Market Square P.O. Box 1146 Harrisburg, PA 17108 Laurie Ann R. Kucher ("Laurie") and `-Tandy Raab Carson ("Mandy") intend to serve two subpoenas in the forms identical to those attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to any of the subpoenas. If no objection is made the subpoena may be served. Respectfully submitted, Dated: Play 9, 2011 � Neil E. Hendersh t, Esq. (;:23316) 2030 Linglestown Rd., Suite 201 Harrisburg, PA 17110 Ofc: 717- 510-9170 Email: nhendershot(cIssbc-law.com SUBPOENA TO PRODUCE DOCUMENTS FOR DISCOVERY PURSUANT TO RULE 4009.22 T0: Donna J. Mullin CPA Boyer & Ritter CPAs/Consultants ?_11 House Avenue Camp Hill, PA 17011 Jeffrey Robbins 513 Brom Court Mechanicsburg, PA 17050-2596 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All documents related to the Estate of Bernice J. Raab, deceased (the "Estate's, the Walter F. Raab Living Trust ("Walter's Trust), and the Bernice J. Raab Living Trust ("Bernice's Trust"). 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 twenb; (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply %vith it. .}. 1VQu,,r•x:.4'p"rr'".'ud'v.,:..ways�-.rµ'l W"::.'rtM1'+ii^ :afi.ap, �_.a*...yrW.,�n.mamw-m...W;,:wnH.-.:tsx+r�s..r; n.yn+..�ti-.'�,yMP�,rwm.4v+.wrni-w:ry44�w.•wu�%�tY :T'"Jy"". CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing [Votice of Deposition and Demandfoi-R-oduction of Documents was served on the date set forth below by U.S. Mail, First Class, Postage Prepaid, on the follovjing person at the address set forth below: Thomas E. French, Esq. One South Market Square P.O. Box 1146 Harrisburg, PA 17108 Respectfully submitted, Date: May 9, 2014 ze L • /�f C ' e(7 `� Neil E. Hendershot, Esq. (*23316) 2080 Linglestown Rd., Suite 201 Harrisburg, PA 17110 Ofc: 717- 540-9170 Email: nhendershot(@ssbc-la%v.com Thom A.French,Esquire,Allomey I.D.No.39305 1{nlly L.Cline,Esquire,Attorney I.D.No.203141 Rhoads&sinon 1.11' n ewe One south A1a6Cl Square � PO nos 1146 r 0 z rrl I larrisburg,VA 17103.1146 Phone: (717)233-5731 IT dllnrne)sfiu Ilrirr[n,Ranh Rnhlnus r.i r'.1 OI CT, :J O IN THE COURT OP COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA " ` 3 r rr) In Re: No. 21,12-393 w -n WALTER F. RAAB LIVING TRUST ORPI-IANS' COURT ------------------------------------------------------------------------------------------------------------ In Re: No. 21-12-3993 BERNICE J. RAAB LIVING TRUST ORPHANS' COURT ------------------------------------------------------------------------------------------------------------- In Re: No. 21-11-842 ESTATE OF BERNICE J. RAAB ORPHANS' COURT ------------------------------------------------------------------------------------------------------------ OBJECTIOi\:S OF WENDY 12AAB ROBBINS TO THE SUBPOENA DIRECTED TO JEFFREY ROBBINS•I.O PRODUCE DOCUMENTS FOR DISCOVERY PURSUANT TO RULE 4009.22 Wendy Raab Robbins ("3Nls. Robbins"), by and through her attorneys, Rhoads R Sinon LLP, objects to the proposed subpoena attached to these objections as Exhibit "A", for the following reasons: I. On or about May 9, 2014, Laurie Ann R. Kocher("Nis. Kocher-') and Mandy Raab Carson ("Ms. Carson") served a Notice of Intent to Serve Two Subpoenas to Produce DOCLI111entS for Discovery Pursuant to Rule 4009.21 ("Notice") in the above-referenced matters. One of the proposed subpoenas included with the Notice was directed to Jeffrey Robbins ("Jeffrey Robbins Subpoena"). See Exh. A. 2. The Jeffrey Robbins Subpoena requests the following: All documents related to the Estate of Bernice J. Raab, deceased (the "Estate"), the Walter F. Raab Living Trust ("Walter's Trust"), and the Bernice J. Raab Living Trust ("Bernice's Trust") ("Document Request") See Exh. A. 3. Ms. Robbins objects to the Jeffrey Robbins Subpoena because the Document Request set forth therein is overly broad and unduly burdensome. Moreover, Jeffrey Robbins is the spouse of Ms. Robbins, who is one (1) of three (3) co-trustees and beneficiaries of the Trusts that are at issue in this matter, and he is an otherwise disinterested non-party. Jeffrey Robbins has no responsive and/or relevant documents other than those received in communications with his wile Ms. Robbins and, thus. Nis. Robbins further objects to the Jeffrey Robbins Subpoena to the extent it seeks privileged information that is protected as confidential spousal communications. v1s. Robbins also objects to the Jeftcey Robbins Subpoena to the extent it seeks documents that are duplicative of those requested from Ms. Robbins and, as such, it is unnecessarily burdensome to request the same documents and information from an othervise disinterested non-patty. Ms. Robbins fiuther objects to the Jeffrey Robbins Subpoena to the extent it is calculated to annoy, embarrass or harass Ms. Robbins and/or Jeffrey Robbins. Respectfully submitted, R/HOOADDfS�R SNON LLPP � By: — Thomas A. r ne , Esquire Holly L• Ch e, Esquire RHOADS R SINON One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 Auorneys jw• I'Vencly Raab Robbins Date: May 23, 2014 Pfeil E. Hendcrshnt, Esq. (4'233i6) 2080 Linglesta.m Rd., SuR.e 201 Harrisburg, PA 17110 717- 540-9170 Email: nhendershatrassbc-law.cnm IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA In Re: ORPHANS' COURT DIVISION WALTER F. RAAB LIVING TRUST No. 21-12-398 In Re: ORPHANS' COURT DIVISION BERNICE J. RAAB LIVING TRUST No. 21-12-399 -------------------------------------------------------------------------------------------------- In Re: ORPHANS' COURT DIVISION ESTATE OF BERNICE J. RAAB No. 21-11-842 NOTICE OF INTENT TO SERVE TWO SUBPOENAS TO PRODUCE DOCUMENTS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Wendy Raab Robbins, as an Individual and as a Fiduciary of the above- referenced Estate and Trusts c/o Thomas E. French, Esq. One South Market Square P.O. Box 1146 Harrisburg, PA 17108 Laurie Ann R. Kucher ("Laurie") and Mandy Raab Carson ("Mandy") intend to serve hdo subpoenas in the forms identical to those attached to this notice. You have twenty (7.0) days from the date listed below in which to file of record and serve upon the undersigned an objection to any of Lhe subpoenas. If no objection is made the subpoena may be sewed. I Respectfully submitted, Dated: May 9, 2019 Neil E. Hendershot, Esq. (,.23316) 2050 Linglestaan Rd., Suite 201 Harrisburg, PA 17110 Ofc: 717- 590-9170 Email: nhendershot(assbc-law.com SUBPOENA TO PRODUCE DOCUMENTS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Donna J. Mullin CPA Boyer & Rider CPAs/Consultants 211 House Avenue Camp Hill, PA, 170t1 Jeffrey Robbins 513 Brom Court Mechanicsburg, PA 17050-2596 ~,Vithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All documents related to the Estate of Bernice J. Raab, deceased (the "Estate'), the Walter F. Raab Living Trust ("Walter's Trust), and the Bernice J. Raab Living Trust ("Bernice's Trust"), 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 parry 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. R you fail to produce the documents or things required by this subpoena within twenb; (20) clays after its service, the party serving this subpoena may seek a court order compelling you to comply viith it. CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing Notice of Deposition and Demand for Production of Documents was served on the date set forth below by U.S. Mail, First Class, Postage Prepaid, on the following person at the address set forth below: Thomas E. French, Esq. One South Market Square P.O. Box 1146 Harrisburg, PA 17108 Respectfully submitted, n r Date: May 9, 2014 �' i e, Z"`� Nell E. Hendershot, Esq, (#23316) 2080 Linglestown Rd., Suite 201 Harrisburg, PA 17110 Ofc: 717- 540-9170 Email: nhendershotassbc-Iaw.com CERTI;FICA'I'E OF SERVICE I hereby certify that on May 28, 2014, a true and con-ect copy of the foregoing document was screed by means of United States mail, first class, postage prepaid, upon the Miming: Neil E. Hendershot, Esquire Serratelli, Schiflinan & Brown 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9693 AlPOrneys for Mandy Raab Carson and Laurie A1117 R. Kucher In Re: WALTER F. RAAB LIVING TRUST � 8� In Re: BERNICE J. RAAB LIVING kF" � TRUST �onntp of(Eumberlaua In Re: ESTATE OF BERNICE J. IN THE COURT OF COMMON PLEAS RAAB OF THE NINTH JUDICIAL DISTRICT ORPHANS' COURT DIVISION 21-12-398 21-12-399 21-11-842 IN RE: OBJECTIONS OF WENDY RAAB ROBBINS TO THE SUBPOENA DIRECTED TO JEFFREY ROBBINS TO PRODUCE DOCUMENTS FOR DISCOVERY PURSUANT TO RULE 4009.22 ORDER OF COURT AND NOW, this da of June 2014, upon consideration of the Objections of Wendy Raab Robbins to the Subpoena Directed to Jeffrey Robbins to Produce Documents for Discovery Pursuant to Rule 4009.22, a CITATION is issued upon all interested parties to show cause why the relief requested should not be granted. Respondent(s) SHALL include a proposed order with any answer to this Citation. PETITIONER shall serve this Rule upon Respondents in accordance with the Pennsylvania Rules of Civil Procedure. The subpoena directed to Jeffrey Robbins shall not be issued until further order of this Court. RULE RETURNABLE twenty (20) days from the date of service bT z o PETITIONER. N U) � Holly L. Cline RHO-ADS & SINON LLP Ph(717)231-66 1% (717)236-8623 hcl inc!rrhoad>-si ninon.com rn.r:m 12757/01 June 10. 2014 Ile: In Re: Walter F. Raab Living Trust, Orphans' Court No. 21-12-398; In Re: Bernice J. Raab Living Trust, Orphans' Court No. 21-12-399; and In Ile: Estate of Bernice J. Raab, Orphans' Court No. 21-11-842 Neil E. licndershot, Esquire Via Ismail and Regular Mail Serratelli, Schiffman & Brown, P.C. 2080 Linglestown !load, Suite 201 Ilarrisburg, PA 17110-9693 Dear Attorney Hendershot: Enclosed please find an Order issued by the Court regarding the Objections of Wendy Raab Robbins to the Subpoena Directed to Jeffrey Robbins to Produce Document for Discovery Pursuant to Rule 4009.22, setting a Rule returnable in twenty (20) days. Should you have any questions, please do not hesitate to contact tile. Very truly yours, RHOADS&s SINON LLP By: Ilotly L. Chn Enclosure cc: Wendy Raab Robbins One South Market Square, 12th Floor • P.O. Box 1146 • Harrisburg, PA 17108-1146 • ph: 717.233.5731 29 Dowlin Forge Road • Exton, PA 19341 • ph: 610.423.4200 • fax: 610.423.4201 "";"'� rolorv.r hoods-sinon.com CERTIFICATE OF SERVICE I hereby certify that on this 1s,n day of July, 2014, a true and correct copy of the foregoing document was.served by means of United States mail, first class, postage prepaid, upon the following: Neil E. Hendershot, Esquire 2080 Linglestown Road, Suite 201 Harrisburg, PA 17101 Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013