Ben v. Schwartz

CARPENTER, J.,

FACTS AND PROCEDURAL HISTORY

This case comes before the Commonwealth Court upon the appeal of a non-party to the action. The Commonwealth of Pennsylvania, Department of State, Bureau of Professional Affairs, appellant, appeals this court’s February 13, 1996 order dismissing appellant’s motion to quash subpoena.

During the course of discovery in this malpractice action, the plaintiffs, Ewa and Arthur Ben, served a *291subpoena on an employee of the appellant directing that employee to appear at the office of plaintiffs’ attorney with the appellant’s entire investigative file pertaining…