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HomeMy WebLinkAbout05-07-04 (2) Joarme Book Christine, Esquire Attorney I.D. No. 82028 Heather Zink Kelly Attorney I.D. No. 86291 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-I 146 (717) 233-5731 Attorneys for PNC Bank, N.A. IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF MILDRED J. GERBER, : CUMBERLAND COUNTY, PENNSYLVANIA an Incapacitated Person : ORPHANS' COURT DIVISION : No. 21-01-92 - 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 JOINT MOTION TO QUASH SUBPOENA AND MOTION FOR PROTECTIVE ORDER PURSUANT TO Pa.R.C.P. 4012 NOW COMES, PNC Bank, by and through counsel, Rhoads & Sinon LLP, and files the within Joint Motion to Quash Subpoena and for Protective Order Pursuant to Pa.R.C.P. 4012, and, in support thereof, avers as follows: 1. In the first above captioned action, PNC Bank ("PNC") was appointed Guardian of the Estate of Mildred J. Gerber (hereinafter the "Guardianship Estate") on March 22, 2001. 2. In the second above captioned action, on October 3, 2001, acting as Guardian of Mildred J. Gerber, PNC removed Frederick E. Gerber, II, as Trustee and designated PNC as Successor Trustee of the Mildred J. Gerber Revocable Trust, dated D~¢mber 19, 1997, as amended and restated (hereinafter the "Trust"). _~ 516513.1 3. PNC Vice President and Trust Officer David Brown has served as both the administrator of the Guardianship Estate and as the administrator of the Trust since the time that PNC has administered both. 4. Mildred Gerber died on January 14, 2003. 5. On October 24, 2003, PNC filed an accounting of the administration of the Trust since the time that PNC became Successor Trustee on October 3, 2001 (the "Trust Account"). 6. On October 24, 2003, PNC filed an accounting of its administration of the Guardianship Estate since the time that PNC was appointed Guardian on March 22, 2001 (the "Guardianship Account"). 7. Madlyn Jo Gerber ("Ms. Gerber"), Mildred Gerber's daughter, has filed Objections to both the Trust Account and Guardianship Account. 8. By Orders dated November 25, 2003, this Court appointed William Duncan, Esquire as Auditor in both of the above matters to hear the Objections filed by Ms. Gerber to the Trust Account and Guardianship Account. 9. In a matter no longer involving PNC, Ms. Gerber filed objections to accountings that Frederick E. Gerber, II, filed for the time period during which he acted as Trustee of the above Trust, as well as Trustee of the Frederick E. Gerber Revocable Trust dated July 29, 1994. PNC was substituted by Jacqueline Vemey, Esquire, by Order of this Court dated June 27, 2003, to pursue the objections filed to the accountings filed by Frederick E. Gerber, II. 10. By correspondence dated April 27, 2004, Ms. Gerber has indicated that she wants to depose the following individuals: Jeff Roes and Brian Rheam of Charles Schwab; Richard Rupp Esquire and Herbert Rupp, Esquire of Rupp & Meikle; Frederick Gerber II, and Jennifer -2- Conway, David Brown, Denise Sullenberger, and Carol Yon of PNC Bank. [April 27, 2004 Correspondence, attached hereto as Exhibit "A"]. 11. Via correspondence dated May 4, 2004, PNC informed Ms. Gerber that Mr. Brown is the only individual "noticed" for deposition from PNC that has any personal information regarding the Trust. PNC requested that Ms. Gerber withdraw her "notice" of the depositions of Ms. Conway, Ms. Sullenberger, and Ms. Yon. PNC also informed Ms. Gerber that any testimony by employees of Charles Schwab is irrelevant to the Objections to the Trust Account and Guardianship Account and PNC would oppose any subpoena issued to them. [Correspondence dated May 4, 2004, attached hereto as Exhibit "B"]. 12. The Correspondence also indicated that it is necessary for the deposition of Mr. Brown to be taken at the offices of PNC's counsel, Rhoads & Sinon LLP, and that copies of any relevant documents concerning the Trust Account and Guardianship Account would be made available at the time. 13. Subsequently, on May 4, 2004, a subpoena and correspondence addressed to Ms. Conway was delivered to the New Cumberland Branch of PNC Bank, where Ms. Conway is the Branch Manager. [Subpoena and correspondence directed to Jennifer Conway, attached hereto as Exhibit "C"]. 14. The subpoena appears to be invalid on its face as it appears to be dated May 26, 2004. 15. The subpoena is for Ms. Conway to appear on May 20, 2004 at 10:00 a.m. at the New Cumberland Branch of PNC, and commands the production of 14 broad categories of documents, most of which are entirely irrelevant to the Objections filed by Ms. Gerber to the Trust Account and Guardianship Account. -3- 16. Ms. Conway is the Branch Manager of PNC's New Cumberland Branch, and has had no knowledge of or involvement with the administration of the Trust or Guardianship Account. 17. Ms. Conway was deposed and testified in prior proceedings relating to Mildred J. Gerber's competency and has nothing to add to the current litigation concerning the Trust Account and Guardianship Account. 18. A prior Subpoena dated March 19, 2001, served upon Ms. Conway, which requested "all financial records of checking MM, CD's of Mildred Gerber and Fred E. Gerber, Sr. since 1997 to the present" was quashed by this Court by Order dated March 21, 2001. [Subpoena dated March 19, 2001 and Order dated March 21, 2001, attached hereto as Exhibit "D"]. 19. Ms. Sullenberger is the administrative assistant to David Brown and acts under the supervision and direction of Mr. Brown. Ms. Sullenberger has had no direct knowledge of or involvement with the administration of the Trust or Guardianship Estate except at the direction of Mr. Brown. 20. Ms. Yon is a Senior Vice President for PNC and has had no direct knowledge of or involvement with the administration of the Trust. Ms. Yon is Mr. Brown's supervisor and oversees PNC's Trust functions for Central Pennsylvania. 21. Mr. Brown has been the administrator of the Guardianship Estate since PNC was appointed as Guardian on March 22, 2001, and the Trust since PNC was designated as Successor Trustee on October 3, 2001, and possesses complete knowledge and information for PNC regarding the Trust and Guardianship Account. Accordingly, he is the only appropriate PNC employee to be deposed in this action. -4- 22. There are currently Objections pending in this Court to document requests previously made by Ms. Gerber in these matters. 23. The document requests contained in Ms. Gerber's "notice" of depositions (Correspondence dated April 27, 2004, attached hereto as Exhibit "A") and attached to the subpoena that Ms. Conway received (attached hereto as Exhibit "C") are overly burdensome, request voluminous documents that are completely irrelevant to the Guardianship Account and Trust Account at issue in these actions, and are not likely to lead to relevant evidence. 24. Many of the requests are from documents from 1997 to the present. Any documents dated prior than March 2001, which is when PNC was appointed Guardian of the Estate of Mrs. Gerber, are irrelevant to the Objections to the Guardianship Account and Trust Account. 25. In addition, many of the documents deal with Accounts owned or belonging to Mrs. Gerber's husband, Fred E. Gerber, Sr. The individual and/or trust assets of Fred E. Gerber Sr. are irrelevant to the Objections to the Guardianship Account and Trust Account. 26. In the Subpoena directed to Ms. Conway, Ms. Gerber requests that copies of all documents be submitted by May 18, 2004, and even if relevant the financial information could not be compiled by that date. 27. Ms. Gerber has been notified on numerous occasions that she is not permitted on the premises of PNC in Camp Hill or New Cumberland, and has been escorted off the premises on several occasions and thus will not be permitted to review any documents or take any depositions at PNC's branches and/or offices. -5- 28. On May 5, 2004, Jeff Roes of Charles Schwab also was served with a subpoena dated April 26, 2004. [Subpoena and correspondence directed to Jeff Roes, attached hereto as Exhibit "E"]. 29. The subpoena is for Mr. Roes to appear on May 11, 2004 at 10:00 a.m. at the office of Charles Schwab at 22A North Second Street, Harrisburg, and commands the production of 17 broad categories of documents by May 18, 2004, including documents relating to Fred E. Gerber, Sr., which are entirely unrelated to PNC's Trust Account and Guardianship Account. 30. Brian Rheam of Charles Schwab has not yet been served with a Subpoena but it is believe that one is forthcoming since he received notice on May 5, 2004 to contact the Dauphin County Sheriff's Office. 31. Both the testimony of Mr. Roes and Mr. Rheam and all of the documents requested from Charles Schwab are entirely irrelevant to the Objections filed by Ms. Gerber to the Trust Account and Guardianship Account, since Charles Schwab had no involvement in PNC's administration of the Trust or Guardianship Estate. WHEREFORE, PNC Bank, N.A., respectfully requests that this Honorable Court Quash the Subpoenas directed to Jennifer Conway and Jeff Roes. PNC Bank, N.A., further requests that this Honorable Court enter a Protective Order prohibiting Ms. Gerber from deposing Jennifer Conway, Denise Sullenberger, Carol Yon, Jeff Roes and Brian Rheam; prohibiting Ms. Gerber from entering any premises of PNC Bank, N.A. to depose any individual or review documents; stating the time and place of the deposition of David Brown; limiting the scope of the deposition of David Brown; and limiting the documents requested by Marilyn Gerber to those that in any way refer, relate or pertain to the Objections to the Trust Account and Guardianship Account filed by PNC Bank, N.A., and specifically limiting those requests to -6- documents dated after March 2001, dealing with the administration of the Guardianship Estate of Mildred J. Gerber and the administration of the Mildred J. Gerber Trust by PNC Bank, N.A., as Successor Trustee. Respectfully submitted, RHOADS & SINON LLP JO0nne Book Christine Hdather Zink Kelly Ohe South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for PNC BANK, N.A. -7- CERTIFICATE OF SERVICE I hereby certify that on May 7, 2004, a true and correct copy of the foregoing document was served by means of United States mail, first class, certified, return receipt requested, postage prepaid, upon the following: Marilyn J. Gerber 717 Market Street, #317 Lemoyne, PA 17043 And by United States mail, first class, postage prepaid, upon the following: Richard C. Rupp, Esquire Rupp and Meikle 335 North 21st Street, Suite 205 Camp Hill, PA 17011 Mr. Jeffrey Roes Mr. Brian Rheam Charles Schwab & Company 22 A N. Second Street Harrisburg, PA 17101 J9~ ame Book Christine EXHIBIT A FROM : FAX NO. : Apr, 27 2004 .07;10PM pJ April 27,2004 Rhoads & Sinon One South Market Street PO Box 1146 ' Harrisburg, PA 17108 Dear Ms. Christine: I amhereb, y notifying you of depositions that I have scheduied. I will arrange for the court reporter. I. Mr. Jeff Roes of Charles Schwab, Harrisburg Branch at 22 A North 2nd Street, Harrisburg, PA. This deposition is scheduled on May 11,2004 at 10 AM. 2. Mr. Brian Rheam of Charles Schwab, Harrisburg Branch at 22 A North 2nd St. Harrisburg, PA. This deposition is scheduled on May 11,2004 at I PM. 3. Ms Jennifer Conway of PNC Bank, Branch Manager of PNC New Cumberland. This deposition is scheduled on May 20,2004 at ~10 AM. 4. Mr. Frederick E Gerber, II in the offices of Rupp & Meikle, Camp Hill,PA. This deposition is scheduled on May 25,2004 at 10 AM. 5. Mr. Richard Rupp in the offices of Rupp & Meikle, Camp Hill,PA. This deposition is scheduled on May 25,2004 at 1 PM 6. Mr. Herbert Rupp in the offices of Rupp & Meikle, Camp Hill,PA. This deposition is scheduled on May 25,2004 at 2 PM I will depose Mr. David Brown on May 20, 2004 at I PM in his office in Camp Hill so that I can see original documents as is my right. If you refuse me to depose him in his office, then advise him to bring all original documents concerning the estate and the Trust of Mildred J Gerber. I shall also depose Ms Denise Sullenberger and Ms Carol Yon on May 20, 2004 following Dave Brown's deposition. Since the Court has not filed any ruling objecting to their deposition, then I shall proceed. Mr. Duncan has not ruled either. Please advise Ms Sullenberger and Ms Yon of my deposition. As you are aware, there are other Objections to Accounting for the Trusts of Mildred J Gerber and Fred E Gerber, Sr. As you known, PNC has substituted themselves from these cases. I have the right of discovery and therefore I have the right to request that documents be produced as well as see the originals. I will address the Court regarding your consistent refusal for over 2 years to prevent me from seeing any accounting, receipts, bills, debits or transactions. You are aware that I am a beneficiary and that this Court has ordered an audit. I am not aware how ~- HX NkJ. ; Rpr. 27 2004 O?:lOPM, P2 an audit can be perfermed, examir~ed and finalized without seeing any documents. Am I to believe that you wish the Court and Mr. Duncan to sign off on just PNC's line accounting without reviewing any documents? This would surely set a worldwide precedent in the banking world and the pressl! How would anyone ever want to ask your bank to be Guardian of Estate if your bank refused examination of financial accounting. How would any beneficiary ever really know their rightful inheritance. I am requesting that I may review the original documents at PNC Financial Advisors at their Camp Hill office on May 18,2004 during business hours. At that time, ! will indicate which documents I wish to be copied. If you deny me the right to review documents, then I am sure that you realize that my deposition of Dave Brown on May 20,2004 will be limited. If the Court rules after the deposition of Dave Brown on May 20,2004, that I may request and receive all of the documents that I have requested, then I will schedule another deposition based on these documents. When you should send me any correspondence, I would appreciate it if you would send me a fax indicating that you have sent me correspondence. Please fax to 717 737-7116 attention: Marilyn Gerber. i. rely Marilyn Gerber PS Please do not send any mail or certified mail to 42 Drexel Place, New Cumberland,PA. My official address is 717 Market Street, #317, LemoyneAP. 17043. This is a waste of money and I object to my mother's account being charged for needless expense as I have listed my address with the Court for over a year. EXHIBIT B ~ ph (717) 237-6716 & SINON LLP jbook~hoads-sinon.com vn.~ No: 3547/05 May 4, 2004 Re: Mildred J. Gerber Trust Under/tgreement D,a_te. w December 19, 1997. Cumberland Coun Court o Common Pleas, ,No. 21-2002-0540 ~lnd Re: Estate o Mildred J. Gerber an inca acitated Person Cumberland CountF Court of Common Pleas, No. 21-01-97, Via FAX (73%7116) and Certified Mail Ms. Marilyn Jo Gerber 717 Market Street, #317 Lemoyne, PA 17043 Dear Ms. Gerber: We are in receipt of your letter dated April 27, 2004, in which you indicate that you have scheduled several depositions. It is necessary for us to address the depositions that you have scheduled, as follows. First, we wilI address the individuals that you have scheduled who are not parties to this action or employees of parties. Such individuals include Jeff Roes and Brian Rheam of Charles Schwab, and Richard Rupp and Herbert Rupp ofRupp & Meikle. None of these individuals is a party to this litigation, and we have no control over these individuals. Thus, we cannot produce them. Additionally, as third parties, they are not required to appear absent a subpoena. Pa.R.C.P. 4007.1. Finally, none of these individuals can provide any testimony that is relevant to this action, and as such, to the extent that you seek to subpoena their deposition testimony, we will file objections to such subpoenas. By copy of this letter, we are informing each of these individuals of our opposition to their depositions. Frederick Gerber, II, is also not a party to this litigation, as it concerns the Objections that you have filed to the Accounts filed by PNC Bank, N.A. ("PNC") as Guardian of the Estate and Successor Trustee in the above matters. We have no objection to you deposing Col. Gerber as to any matters relevant to the time period covered by PNC"s Accounts and your Objections thereto. However, we have no control over Col. Gerber and cannot produce him for deposition. Next we turn to the PNC Bank employees that you have identified - Jennifer Conway,. Denise Sullenberger, Carol Yon, and David Brown. PNC Bank is willing to produce Mr. Brown on May 20, 2004, at the offices of Rhoads & Sinon LLP Copies of all relevant documents 516168.1 Rhoads & Sinon LLP · Attorneys at Law · T~ctlth [:loot ° One South Market Square · P.O. Box 1146 Harrisburg, PA 17108-11-~6 · ph (717) 233-57~1 .fx (717) 232-1,459 · www. rhoad$-sinon.com May4, 2004 Page 2 concerning the estate and Trust of Mildred J. Gerber will be made available to you at that time for your review. You will not be permitted to remove any of the original documents from the premises. Any copying charges will be at your expense. · PNC Bank is not willing to waste time and resources producing Ms. Conway, Ms. Sullenberger, and Ms. Yon for depositions, as these individuals have no personal knowledge of any facts that are relevant to this litigation or likely to lead to the discovery of relevant information. We do not anticipate that you want to go through the time and expense necessary to defend against a Motion for a Protective Order with respect to these individuals, any more than PNC wants to file one. We are confident that the Court and Auditor would grant any such Motion. Accordingly, please confu'm in writing, by May 7, 2004 that you do not intend tO seek the depositions of any individuals identified in Ap-ill 27, 2004 correspondence, with the exception of David Brown. Mr. Brown's deposition will take place on May 20, 2004 at 1:00 p.m. at the offices of Rhoads & Sinon. If we have not heard from you by May 7, 2004, I will be forced to file a Motion for Protective Order. Very truly yours, R ROADS & SINON LLP  Jo~e Book C~st~e cc: Dasd B~, Vice ~esid~t ~d T~t Offi PNC B~ N.A. Willi~ D~c~ Esq~ ~ch~d C. Rupp, Esq~ S~ley J. L~kows~, Esq~ ~. JeffR~s, Ch~l~ Schwab & Comply ~. B~ ~e~, Chiles Schwab & Comply EXHIBIT C 05/05/201)4_ 11:02 7177745204 NE~ CUI~ERLAND P.A~E 02 [/~-~ SUBPOENA Cumberland County, SS: /0//~' ~'/~tgD~/~8~/f'/) We comm~d you ~d each of you. th~ ~effing ~ida afl manner of business and excuse, you be and appear in your proper perth before cur Judges at Carlisl~ at our Coun~ Cou~ of Common Pleas. Orpheum' Court Di~sion. ~ere ~ be held in the Coun~ of Cumberland. on the ~ day of ~ 20 [prevailing time] of that day. to te~ ~i and singular ~oae ~inga which you shall ~ow m a certain information for ~ O~ ~ Failure to appear may result in the initiation of contempt of co~ proceed~gs age.st you ancot iasu~ce of a bench warrant to secure your WIT.S8 the ~onor~bl~ ~org~ E. Pre.eat Judge, at 05/05/2004 ~:02 7~77745204 NEN CUN~ERLAND ~AGE 03 April 26,2004 Ms Jennifer Conway PNC Bank 331 Bridge Street New Cumberland, PA 17070 TO: Ms ..Jennifer Conway You are hereby commanded as Branch Manager of PNC Bank to produce copies of the following documents: 1. All monthly checking statements for Mildred J Gerber from 1997 until the present. 2. All monthly credit card statements for Mildred J Gerber from 1997 until the present of PNC issued credit cards. 3. All checks written by Mildred J Gerber, copies front and back from 1998 until the present. 4, All signature authorization cards for any account of Mildred J Gerber. 5. Ali monthly checking statements for Fred E Gerber, Sr. for 1997. 6. All checks written by Fred E Gerber, Sr. copies of front and back for 1997. 7. Copies of any correspondence, reports or telephone calls to and from Mildred J Gerber from you or anyone in the PNC New Cumberland Branch of PNC. I am not asking for information from PNC Financial Advisors. 8. Statement of transfer of funds,income of Mildred J Gerber from any checking accounts she had with PNC Bank when PNC Financial Advisors became Guardian of Estate in March 2001. 9. Copies of any correspondence, reports, notes, telephone calls to and from Frederick E Gerber, Il regarding the accounts of Mildred J Gerber and Fred E. Gerber, IL 10. Please list all checking accounts, credit cards for Mildred J Gerber and Fred E. Gerber, Sr. and identify which were single accounts or joint accounts. 11. All credit card accounts for Fred E Gerber,Sr. from 1997 until present. 12. All copies of checking accounts, checks, credit card accounts that were prepared for your witnessing in Cumberland County Court during the 05/05f2004 .11:02 7177745204 NEW ~BERLAND PAGE 04 ~ Guardianship hearings of Mildred J Gerber in February and March 2001. 13. Copies of all correspondence, checks, credit card accounts, notes and telephone calls from the firm of Rupp & Meikle also known as Herbert Rupp and Richard Rupp, Esquires regarding Mildred J Gerber and Fred E. Gerber, Sr. 14. Copies of all correspondence, reports and notes from PNC Financial Advisors '"to PNC Bank at New Cumberland Branch regarding Mildred J Gerber and Fred E Gerber, Sr. The above requests are made to PNC Bank and the Branch Manager whoever it may have been in 1997 to the present. Ms. Conway is identified aa the current Branch Manager as well as the individuaJ who testified during the Guardianship hearings for Mildred J Gerber in February and March 2001. Copies of all requested documents shall be picked up on May 18,2004 at your office at which time, they will be compared to the originals. If you have any questions, please call me at 717 S03-5280 or write to 717 Market Stree{, #317, Lemoyne, PA 17043. 05/05/2004 ii: 02 7177745204 NEW CUM]3ERLAND PAGE April 26,2004 Ms Jennifer Conway PNC Bank 331 Bridge Street New Cumberland, PA 17070 Dear Ms,.,Conway: This letter is to confirm that I have supoened you for deposition on May 20,2004 at 10 AM in your office at PNC Bank on Bridge Street in New Cumberland concerning the estate and Trust of Mildred J Gerber and the estate and Trust of Fred E GerberSr. This letter is to confirm that I have supoened you for copies of Production of Documents which I will pick upon May 18, 2004 in your office at which time I shall verify each copy against the original document, I have requested that I meet in your office so that I can refer to original documents and computer screen during the deposition. If you will not have any data on your computer screen or original documents in your office, and you would prefer to have the deposition in the offices of PNC Financial Advisors or the office of your attorney, please inform me ASAP. I have enclosed a witness fee of $5.00 for your deposition. If you will not be in your office for the deposition, then please inform me where so that I may send you mileage fees. I am assuming that Rhoads & $inon will represent you, but in the event that they are not, please confirm your attorney. I am listed as Pro Se in Cumberland County Court for this audit of the estate and Trust of Mildred J Gerber and Fred E Gerber, Sr. I can be reached at 717 503~5280 and my mailing address is 717 Market Street, ,~317, Lemoyne, PA 17043. Please let me know ASAP of any problems. If I do not answer my phone, please leave a message on my voice mail as I am not always in range. Sincerely, cc William Duncan ~'~ Pro Se ~12 DREXEL PLACE NE"~ CUMBERLAMD, PA 94109 Z EXHIBIT D IN I~: - IN THE COURT OF COMMON ~5 APPOINT~NT OF : CUMBERLAND COUNTY', PENNSYLVANIA GUARDIAN OF TH~ ~-rATE OF: MILDRED ][. GERBER, a~ · ORPHANS COURT DIVISION alleged incapacita~l per~n : NO. 21.-01-92 ORDER OF COURT consideration of the Motion to Quash Subpoenas filed by PNC Bank, N.A., it is hereby ordez'ed and decreed that said Motion i,, tp. ant~d and the Subpoenas served upon lenniI~, Conway, Thomas DiLillo, and "Ms. Marie" (Sefler) are hereby quashed. BY ~ COURT, SUBPOENA We ~~d 7on ~d e~ 0f 7o~ ~ah se~ ~ ~ m~ner or b~h~s and ~, 7ou ~ ~ app~r h yo~ p~p~ person b~ore our J~ ~t ~I~ mt ~our~ Di~, y~ s~ EXHIBIT E SUBPEONA Cumberland County, SS: GREETING: We command you and each of you, that, setting aside all manner of business and excuses, you be and appear in your proper person before our Judges at Carlisle, at our County Court of Common Pleas, Orphans' Court Division, there to be held in the County of Cumherlan~ on the j [ day of ?~ 20~_~__ at /~ '.____..~ [prevailing time] of that day, to testify all and singular those things which you shall know cer, ain informa,on fo, against you an~or ~su~ce of a bench warrant to secure your presence. President Judge, at Carlisl~ the ~ day of ~oo/goo~ XVA 6Y:~0 Ilicl }oog/£o/~o April 26,2004 Mr. Jeff Roes Charles Schwab 22 A North 2nd Street Harrisburg,PA 17108 TO: Mr. Jeff Roes You are hereby commanded to produce the following documents concerning the estate and Trust of Mildred J Gerber and the estate and Trust of Fred E, Gerber, Sr. 1. Copies of all financial accounting, reports for the estate and Trust of Mildred J Gerber. 2. Copies of all financial accounting, reports for the estate and Trust of Fred E. Gerber,Sr. 3. Copies of all investments by month and year indicating gains and losses for the estate and Trust of Mildred J Gerber. 4. Copies of all investments by month and year indicating gains and losses for the estate and Trust of Fred E. Gerber, Sr. 5, The initial investment and assets that Charles Schwab received from Ered E Gerber,Sr. indicating in what form these investments were, amount, stock numbers, fund numbers, any instructions given by any entity concerning the account, estate or Trust of Fred E. Gerber, Sr. 6. All copies of the assets of Fred E Gerber,Sr, upon his death, February 22,1998. and list each asset, investment by stock, fund, number, reference to each item. 7. The initial investment and assets that Charles Schwab received from Mildred J Gerber indicating in what form these investments Were, amount, stock numbers, fund numbers, any instructions given by any entity concerning the account, estate or Trust of Mildred J Gerber. 8'. All copies of the assets of Mildred J Gerber upon her death, January 14,2003. and list each asset, investment by stock, fund, number, reference to each item. 9. Copies of all correspondence to and from Frederick E. Gerber, Il, Mildred J Gerber, Fred E Gerber, Sr,, Richard Rupp, Esquire, Herbert Rupp,Esquire, PNC Bank or any entity or person from PNC Bank, PNC Financial Advisors, any attorney from Rhoads & Sinon representing PNC Bank, PNC Financial · Advisors representing the estates or Trusts or Mildred J Gerber and Fred E. ~oo/coo~ ~¥~ o~:eo I~L.~ too2/Lo/~o Gerber, Sr. This would also include copies of all reports, telephone calls made to any of the above listed individuals or firms. 10. Copies of all reports of asset transfers from the estate of Fred E Gerber,Sr. and Mildred J Gerber and the Trust of Fred E Gerber,Sr. and Trust of Mildred J Gerber to any other bank, agency, individual or entity. Include date, the amount transferred and the form of the asset ie, stock, mutual fund, etc. 11. Date, amount of transfer of assets, form of the assets transferred to PNC Bank and from which estate and Trust of Fred E Gerber,Sr. or Mildred J Gerber. 12. Report and asset account of any account held at Charles Schwab for Frederick E. Gerber, Jane Gerber Heflin, Amanda Hefiin, Sean Heflin, Sacha Gerber, Mischa Gerber or Petra Gerber. If assets from the estate of Fred E Gerber, Sr. or Mildred J Gerber or the Trust of Fred E Gerber, Sr. or Mildred J Gerber were transferred to any of the named, individuals,please include copies of each asset amount, to which individual, date and in what amount and form of asset_ 13. Copies of all notes, telephone calls, meetings with any entity, individual related to the estates of Mildred J Gerber, and Fred E Gerber, Sr. as well as Trusts of Mildred J Gerber and Fred E Gerber, Sr. Some of these Individuals. could be Frederick E Gerber, Il, Richard Rupp,Esquire, .Herbert Rupp, Esquire, AJ Mendelsohn, David Brown; Joanne Christine, Carol Yon, Jacqueline Vemey. 14. List all accounts, checking accounts in the name of Fred E GerberSr, and Mildred J Gerber and provide copies of monthly statements from opening of each account until closure or transfer to another financial institution, naming that institution. 15. List all fees paid to Charles'Schwab for any services or checking or investment fees for Fred E Gerber,Sr. and Mildred J Gerber. 16. List all margin Interest fees and for what investments and made by what individual using funds from Fred E Gerber,Sr. and Mildred J Gerber. 17. List all Chades Schwab employees by name and location who made investments for Fred E Gerber, Sr. and Mildred J Gerber. The deadline to produce these documents is May 1'8,2004 and I shall pick them up on May 18,2004 during business hours on May 18,2004 at which time I shall examine these documents against the originals. If information is on a computer, then Charles Schwab shall print copies of each screen that data is gathered from. s00/t00~ ~'& 0~:s0 1).4 to0;/£o/so April 26,2004 Charles Schwab 22 A North 2nd Street Harriburg, Pennsylvania 17108 Dear Mr. Jeff Roes: This letter is to confirm that ! have supoened you for a deposition on May 11,2004 in your office at 10AM concerning the estate and Trust of Mildred J Gerber and the related estate and Trust of Fred E Gerber, Sr. Judge Oler of Cumberland County Court ordered an audit of the estate of Mildred J Gerber and the Trust of Mildred J Gerber in December 2003 and appointed an auditor, Mr. William Duncan, Esquire of Carlisle. I filed Objections to the Accounting of PNC Bank who was appointed Guardian of Estate of Mildred J Gerber in March 2001. Judge Hoffer of Cumberland County Court ordered an audit of the estate of Fred E Gerber, Sr. and Mildred J Gerber, as well as the estates of Fred E Gerber, St and Mildred J Gerber in November 2002, The auditor appointed was also William Duncan. PNC Bank and I filed objections to the accounting as provided by Frederick E Gerber, II in August 2002. I am listed and filed as ProSe which your attorneys shall inform means that I represent myself. I have served you and Brian Rheam with Supoenas for deposition as well as Production of Documents. If you have any questions, please have your attorneys or you call me concerning the deposition or production of'documents at 717 503-5280.- My mailing address is 717 Market Street, ,~'317, LemoyneP['A 17043. If you send me any correspondence I would appreciate a voice message at 717 503-5280 so that I can anticipate receiving and picking up mY mail. I have enclosed a witness fee of $5.00 for you and for Brian Rheam. I wish to depose in your office due to the fact that you mentioned that there are no files therefore I assume that all information in on computer and I will to refer to computer information during the deposition. I have a right to view the original documents in whateve, r format they exist and ask for printed copies. If in any event that the computer or file documents are not in your Harrisburg office, please inform where and then I will issue you mileage fees for travel if necessary. Sin..cere y .... , . cc William Duncan ~l~,~'lyn I~rber" ProSe SO0/~O0~ ,[~r~ TZ:~O T~,~ ~OOZ/£O/~O