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Home My WebLink About02-4413IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA ERIC HARPER, a Minor, by and through his parents/ guardians RICHARD W. HARPER, JR. and LESLIE A. HARPER, Plaintiffs NO. yY/3 Civil Action 2002 ()Equity KIRSTEN BAEHR, a Minor, by and through her parents/ guardians MICHAEL F. BAEHR and MARY M. BAEHR, 192 Mountainview Road Mount Holly Springs, PA 17065, Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons in the above-captioned action. X Writ of Summons shall be issued and 10rwarded to( ) Attorney (X) Sheriff DAVID A. FITZSIMONS, ESQUIRE Mette, Evans & Woodside 3401 North Front Street at re of Attorney Harrisburg, PA 17110 Supreme Court ID No. 41722 717-232-5000 Date:_ '21126J02 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOUARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCEDAN ACTION AGAINST YOU. Prothonotary Date: eti 13 at Uj B Y ? Deputy ( ) Check here if reverse is issued for additional information 305118 r> -? :ti =; ( v - 'n , ? .;, 7 C? ? ? t ?' V ? O .4 y \ n ? Y _l v `J `cp S SHERIFF'S RETURN - REGULAR CASE NO: 2002-04413 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARPER RICHARD W ET AL VS BAEHR KIRSTEN HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon RrEHX MICHAEL F the DEFENDANT at 0016:16 HOURS, on the 18th day of September, 2002 at 192 MOUNTAINVIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 by handing to MARY M. BAEHR (WIFE) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4 14 Affidavit . Surcharge 00 .00 10.00 .00 32.14 Sworn and Subscribed to before me this day of QC (a. J', A.D. Prothonotary ' So Answers: ?0011,09 R Thomas Kline 09/19/2002 METTE, EVANS, WOODSIDE By: Deputy Sher f SHERIFF'S RETURN - REGULAR CASE NO: 2002-04413 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARPER RICHARD W ET AL VS BAEHR KIRSTEN HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS BAEHR MARY M was served upon the DEFENDANT at 0016:16 HOURS, on the 18th day of September, 2002 at 192 MOUNTAINVIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 by handing to MARY M. BAEHR a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this -1 6t-- day of 1 a+/vi, A. D. If. .... li ' rothonotary So Answers: -vow Thomas .+? 09/19/2002 METTE, EVANS & WOODSIDE By: Deputy Sheriff ERIC HARPER, a Minor, by and through IN THE COURT OF COMA40N PLEAS His parents/guardians RICHARD W. CUMBERLAND COUNTY, PENNSYLVANIA HARPER, JR. and LESLIE A. HARPER, Plaintiffs V. CIVIL ACTION - LAW KIRSTEN BAEHR, a Minor, by and through her parents/guardians MICHAEL F.13AEHR and MARY M. BAEHR, Defendants NO. 4413-2002 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Kirsten Baehr, a Minor, by and through her parents/guardians, Michael F. Baehr and Mary M. Baehr, in the above-captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: BY: I. H F. M , ESQUIRE I.D. No. 78119 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorney for Defendants CERTIFICATE OF SERVICE I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this dY'Ltiay of October, 2002, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: David A. Fitzsimons, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 L.'M.0LW*kM4.) SUSAN M. WILLIAMS ?'. c-z ?? ; c -? v ..? _, ??.?; ?? ,, " ? v, ; ? ; , _ <., ?, , ^` , t? ERIC HARPER, a Minor, by and through his parents/guardians RICHARD W. HARPER, JR. and LESLIE A. HARPER, Plaintiffs VS. KIRSTEN BAEHR, a Minor, by and through her parents/ guardians MICHAEL F. BAEHR and MARY M. BAEHR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4413 JURY TRIAL DEMANDED OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 AND NOW comes Terrence J. Kerwin, Esquire, on behalf of John Baker, Trinity School Board Member, and Trinity High School, who respectfully objects to the proposed Subpoena that is attached to these Objections, for the following reasons: 1. John Baker and Trinity High School have received from Plaintiffs a Notice of Intent to Serve a Subpoena to Attend and Testify at Deposition and to Produce Documents and Things. A copy of said proposed Subpoena is attached hereto and marked Exhibit "A". 2. John Baker and Trinity High School are not parties to the above-captioned matter. 3. The proposed subpoena only pertains to John Baker acting in his capacity as a Trinity High School Board Member. 4. The proposed subpoena is unduly burdensome, and burdensome for the following reasons: (a) Trinity High School has already provided the Plaintiff with written documents requested by the Plaintiff. (b) Plaintiff has already subpoenaed and deposed Sister Francine Gagne, Principal of Trinity High School whose deposition was 133 pages in length and whose deposition took 4 hours. (c) The Plaintiff has already taken the deposition of James R. Hudson, Director of Student Affairs at Trinity High School, whose deposition was 45 pages in length and whose deposition took over an hour. (d) Trinity High School has been required to pay for the cost of transcripts of the depositions and made arrangements for Counsel to attend the depositions for the employees of Trinity High School placing a burden on the school. 5. Plaintiff has not yet taken the deposition of the Defendant, whose deposition would presumably be essential to Plaintiff's case. 6. Plaintiff's deposition has not been taken by the Defendant. 7. No Complaint has been filed alleging a cause of action. WHEREFORE, John Baker and Trinity High School respectfully request the Court to dismiss any request for the issuance of a subpoena until such time as the parties themselves have been deposed and a complaint filed and a reasonable explanation as to why the deposition of John Baker is necessary after five hours of depositions have already been taken of Trinity High School personnel. __V VIOD-a- Date Respectfully submitted, TERRENCE J. jq&WIN, ESQUIRE Supreme Court 1.70. No. 29922 Kerwin & Kerwin, Attorneys-at-Law Governors' Row, 27 North Front Street Harrisburg, PA 17101 Attorney for Trinity High School and John Baker, Trinity School Board Member CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of Objections to Subpoena pursuant to Rule 4009.21 by depositing a copy of same in the United States Mail with first class postage prepaid, addressed as follows: David A. Fitzsimons, Esquire Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Michael Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Joseph F. Murphy, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 KERWIN & KERWIN By: TERRENCE RWIN, ESQUIRE Supreme Court .D.' No. 29922 Governors' Row, 27 North Front Street Harrisburg, PA 17101 (717) 238-4765 Date: April 4, 2003 DAPJW\D0CUMENIITRPUTY.0B7 ERIC HARPER, a Minor, by and through his parents/guardians RICHARD W. HARPER, JR. and LESLIE A. HARPER, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. KIRSTEN BAEHR, a Minor, by and through her parents/ guardians MICHAEL F. BAEHR and MARY M. BAEHR, Defendants JURY TRIAL DEMANDED SUBPOENA TO ATTEND AND TESTIFY TO: John Baker Trinity School Board Member (Name of Person or Entity) 1. You are ordered by the Court to come to the law offices of Mette, Evans & at Woodside, 3401 North Front Street, Harrisburg, PA, on a.m. to testify at deposition in the above case, and to remain until excused. 2. You are required to produce the following documents: any and all documents maintained by you, Trinity High School and/or the relevant archdiocese relating to allegations and resulting disciplinary action against Eric Harper; the investigation conducted by Trinity High School for the academic year 2001-2002; including but not limited to all investigative notes and materials, interview notes, meeting minutes/notes; statements, agendas, minutes, recommendations, correspondence and actions, personal notes or notes prepared by any Board momber(s) in conducting a review, at the request of the Harper family, relating to the removal of Erie Harper from Trinity High School, and in particular Board deliberations and/or communications with the Harrisburg diocese conducted-outside the presence of the Harpers. If you fail to attend or produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. Requested by: Name: DAVID A FITZSIMONS ESQUIRE Address: METTE EVANS & WOOD SIDE 3401 NORTH FRONT STREET HARRISBURG. PA 17110 Telephone: (717) 232-5000 Supreme Court ID# 41722 ATTORNEY FOR: Plaintiff BY THE COURT: DATE: - Seal of the Court (Prothonotary) EXHIBIT "A" ?? i = ? i ~ f ?.f J -?a ?-. ? _.. ..,.e ..a ,. U; _ •.?.. ?. ..?. _ ? Y E - ? C _ C.,J ? j ? rt ? ???' _ tp ERIC HARPER, a Minor, by and through IN THE COURT OF COMMON PLEAS His parents/guardians RICHARD W. CUMBERLAND COUNTY, PENNSYLVANIA HARPER, JR. and LESLIE A. HARPER, Plaintiffs CIVIL ACTION -LAW V. NO. 4413-2002 KIRSTEN BAEHR, a Minor, by and through her parents/guardians MICHAEL F. BAEHR and MARY M. BAEHR, Defendants JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned as counsel on behalf of the Defendant, Kirsten Baehr, a Minor, by and through her parents/guardians Michael F. Baehr and Mary M. Baehr, in the above-captioned case. DATE: 4 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: / I I \1 ? LD.. 78119 420 rums Mill Road, Suite B Harrisburg, PA. 17112 (717) 651-3509 Attorney for Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Kirsten Baehr, a Minor, by and through her parents/guardians Michael F. Baehr and Mary M. Baehr, in the above-captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN J BY:" HER M. REESER, ESQUIRE I.D. No. 73632 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorneys for Defendant DATE: O 14'I q CERTIFICATE OF SERVICE I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this W"'t day of _.J, b, 2004, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: David A. Fitzsimons, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3015 SUSAN M. WILLIAMS N O l? ?: Tt _T; ' UI t,1 .1 y. fn._ N iii it G'l "< Curtis R. Long Prothonotary (office of the protbonotarp Cutnberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n02 - q'1 j :- CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573