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IN RE:
MILDRED J. GERBER TRUST
UNDER AGREEMENT DATED
DECEMBER 19, 1997
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:ORPHANS' COURT DIVISION
: NO. 21-2002-0540
OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21
MOTION TO QUASH
Jacqueline M. Verney, 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 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.
3. There is no hearing pending for which the documents are requested.
4. The documents requested are fully discoverable pursuant to the Request
for Production of Documents filed on or about March 17,2005. Attorney Richard 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,
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/ ac eline M. Verney, Esquire I
44 South Hanover Street
Carlisle, P A 17013
717243-9190
Objector for Mildred J. Gerber
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cc: Richard Rupp, Esquire
Marilyn J. Gerber, pro se
Lindsay D. Baird, Esquire
William Duncan, Esquire, auditor
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
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File No. .:2J-;JtJtJ~-OJ-zjb
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: M~. :rktttbl? ~~
(Name of Person or Entlt
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Ala. tl2iZi.U ~
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at
(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. Y ouhave the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
I f 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 I UED AT THE REQUEST OF THE FOLLOWING PERSON:
TELEPHONE: 7t 1.!:J7J3 - s-m
SUPREME COURT ID #
ATTORNEY FOR:
BY THE COURT:
J-\Q U \(\.R-~C'u.. "'- \)~~~fI~VD\____
Register of Wills/Clerk of the Orphans' \
Court
Date:
l'~A Cf lli~6\
Seal of the Court
Deputy
April 1~,2005
Jacqueline Verney
44 South Hanover Street
Carlisle, PA 17013
Dear Jackie:
Enclosed is a supoena for a Request for Documents which is your case is for
all billable hours and an accounting for such services for all billing that was included in
the Accounting that was submitted by Frederick E. Gerber,lI for the Fred E. Gerber,Sr.
Trust and the Mildred J. Gerber Trust on January 28,2005
This supoena covers the time period of 1998 to the present.
You shall have exactly 30 days to produce the requested documents which
shall be due on May 19,2005. I shall also have the right to review the original
documents which you are going to submit on May 17,2005. I shall do this on May
20,2005 by inspecting each submitted document with the original document. If you
object to my inspecting these original documents in your offices, please indicate this to
me and I shall then notify you as to where we shall do this. I am not asking for
attorney/client privileged documents but rather the same documents that I ask of all the
vendors who billed the two stated Trusts. I shall not accept any documents with just a
total amount billed but rather a detailed specificty that lists for what purpose you billed
the above stated Trusts. I have no confidence that the Trustee shall submit documents
during the stipulated period of discovery and therefore I am forced to go the source.
Please let me know if you intend to file a Motion to Quash. If you do not file a
motion a motion to Quash then I shall expect all of the requested documents. If you
refuse to answer my request for documents, then I shall be forced to filed a Motion to
Compel you to provide the requested documents along with attorney costs and any
other remedy that this Court may deem appropriate.
I have enclosed the supoena for the Request for Production of Documents.
Please feel free to call me if you have any questions.
Sincerely,
cc William Duncan, Esquire
CERTIFICATE OF SERVICE
I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the
attached was served upon the following on the date indicated by placing the same in US
mail, first class, postage prepaid.
Richard Rupp, Esquire
355 N. 21 st Street
Suite 205
Camp Hill, PA 17011
Marilyn J. Gerber
717 Market Street
Apt 317
Lemoyne, PA 17043
Lindsay D. Baird, Esquire
37 South Hanover Street
Carlisle, PA 17013
William Duncan, Esquire
1 Irvine Row
Carlisle, P A 17013
Date: 5'- L/-os
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J que eM. Verney, Esquire #23 7
44 South Hanover Street
Carlisle, P A 17013
(717) 243-9190
Objector for Mildred J. Gerber