HomeMy WebLinkAbout05-03-05 (2)
INRE:
MilDRED J. GERBER TRUST
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
ORPHAN'S COURT DIVISION:: r,
NO. 21-2002-0540
~'
(, ,
OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 '
MOTION TO QUASH
c,~:)
cr'
Lindsay Dare Baird, Esquire objects to the subpoena that is attached to these
objections for the following reasons:
1. The attached subpoena is for the production of documents.
2. The server entered my office, bypassed my secretary and while I was
engaged in privileged conversation on the telephone, placed the subpoena on my desk
and departed.
5. Subpoena was served without issuing to every other party to the action, the
20-day notice of intent to serve a subpoena to produce documents as provided in Rule
4009.21.
6. There is no hearing pending for which the documents are requested.
7. The documents requested are fully discoverable pursuant to the Request For
Production of Documents filed on or about March 17,2005. Attorney Rupp is preparing
the files for said production.
WHEREFORE, It is respectfully requested that the Subpoena To Produce
Documents Or Things be quashed.
Respectfully submitted,
Date: May 3 , 2005
J~a~
Lindsay Dare aird, Esquire
olonel Frederick E. Gerber, II
cc: Jacqueline M. Verney, Esquire
Richard C. Rupp, Esquire
COl Frederick E. Gerber, II
Marilyn Gerber
,17 \
CERTIFICATE OF SERVICE
I hereby certify that on this 3rd day of May, 2005, I have caused a true copy of
the foregoing to be delivered by first class mail or in person to:
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
Richard Rupp, Esquire
355 N. 21 st Street
Camp Hill, PA 17011
Marilyn Gerber
717 Market Street
lemoyne, PA 17043
----.-