HomeMy WebLinkAbout04-22-04 Joanne Book Christine, Esquire
Attorney I.D. No. 82028
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for PNC Bank, N.A.
IN RE: : IN THE COURT OF COMMON PLEAS OF
MILDRED J. GERBER TRUST : CUMBERLAND COUNTY, PENNSYLVANIA
UNDER AGREEMENT DATED : ORPHANS' COURT DIVISION
DECEMBER 19, 1997 :
: NO. 21-2002-0540
IN RE: ESTATE OF ' IN THE COURT OF COMMON PLEAS OF
MILDRED J. GERBER, · CUMBERLAND COUNTY, PENNSYLVANIA
an Incapacitated Person · ORPHANS' COURT D~ON
....No. 21-01-92 ~
OBJECTIONS OF PNC BANK, N.A., TO FIRST REQUEST FOR: PRODUCTION OF
DOCUMENTS OF MARILYN JO GERBER
PNC Bank, N.A. ("PNC"), by and through their counsel, Rhoads & Sinon, LLP, objects
to Marilyn Jo Gerber's Requests for Production to Document as follows:
1. PNC objects to such Requests to the extent that they seek disclosure of
information protected by the attorney-client privilege or attorney work-product doctrine.
2. PNC objects to such Requests to the extent that they call for information
regarding matters not relevant to the subject matter of this action and not reasonably calculated
to lead to the discovery of admissible evidence. Specifically, PNC objects to any request for
documents predating the March 23, 2001, the date of PNC's appointment of Guardian of the
Person of Mildred J. Gerber. PNC also objects to any request for documents relating to any
assets of Fred E. Gerber, Sr., since at no time has PNC administered any asset of Fred E. Gerber,
513042.1
Sr. PNC also objects to any request for documents relating to any personal checking account of
Fred E. Gerber, Sr., or the personal checking account of Mildred J. Gerber prior to March 23,
2001, because these documents are not relevant to the transactions disclosed in the Accounts
filed by PNC in the above matters.
3. PNC objects to such Requests to the extent that they are overbroad, unduly and
unreasonably burdensome and oppressive. Specifically, PNC objects to Marilyn Jo Gerber's
request for all receipts, debits and transactions supporting each entry in PNC's Account. Ms.
Gerber is already in possession of monthly statements for both the Trust and Guardianship
Accounts during PNC's administration of both, which support each entry in the Accounts.
4. PNC objects to such Requests to the extent that they call for information not
known to PNC, nor reasonably ascertainable by PNC because such information is in the hands of
or under the control of third parties not within PNC's control. Specifically, PNC objects to any
request for documents relating to Fred E. Gerber, Sr., and any request for documents dated prior
to March 23, 2001, since these documents are not within the control of PNC.
5. PNC objects to such Requests to the extent that they call for information already
known to Marilyn Jo Gerber or information available to Marilyn Jo Gerber from sources other
than PNC which is equally accessible to Marilyn Jo Gerber and to PNC. Specifically, PNC
objects to the request for statements for the Trust and Guardianship Account administered by
PNC, since these documents have already been provided to Ms. Gerber.
6. PNC objects to such Requests to the extent that they are so vague and ambiguous
that they are not subject to reasoned interpretation
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7. PNC objects to such Requests and to the extent they impose requirements to
respond or supplement answers to interrogatories beyond those which are provided for in the
Pennsylvania Rules of Civil Procedure.
The Objections asserted above shall be deemed to be applicable to and continuing with
respect to each of Marilyn Jo Gerber's Requests for Production.
Respectfully submitted,
RHOADS & SINON LLP
By:
)anne Book Christine
)ne South Market Square
O. Box 1146
Harrisburg; PA 17108-1146
(717) 233-5731
Attorneys for PNC BANK, N.A.
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CERTIFICATE OF SERVICE
I hereby certify that on April 12, 2004, a true and correct copy of the foregoing document
was served by means of United States mail, first class, postage prepaid, upon the following:
Marilyn J. Gerber
717 Market Street, #317
Lemoyne, PA 17043
Richard C. Rupp, Esquire
Rupp and Meikle
335 North 21st Street, Suite 205
Camp Hill, PA 17011
(/~~ar~ne Book Christine