Loading...
HomeMy WebLinkAbout07-01-04IN RE: ' IN THE COURT OF COMMON PLEAS OF MILDRED J. GERBER TRUST: CUMBERLAND COUNTY, PENNSYLVANIA UNDER AGREEMENT · ORPHANS' COURT DIVISION DATED DECEMBER 19, 1997 · · N0.21-2002-0540 IN RE: ESTATE OF · IN THE COURT OF COMMON PLEAS OF MILDRED J. GERBER, · CUMBERLAND COUNTY, PENNSYLVANIA an Incapacitated Person · ORPHANS' COURT DIVISION NO. 21-01-92 IN RE: OBJECTIONS OF PNC BANK, N.A., TO FIRST REQUEST FOR PRODUCTION OF DOCUMENTS OF MARILYN JO GERBER BEFORE OLER, J. ORDER OF COURT AND NOW, this ~ ~'~ day of July, 2004, upon consideration of the Objections of PNC Bank, N.A., to First Request for Production of Documents of Marilyn Jo Gerber, and of the Answer to Objections of PNC Bank, N.A.' to First Request for Production of Documents of Marilyn Jo Gerber, it is ordered and directed as follows: 1. The objection of PNC "to such Requests to the extent that they seek disclosure of information protected by the attorney-client privilege or attorney work-product doctrine," is denied because of the nonspecific nature of the objection; 2. The objection of PNC "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," is denied because of the nonspecific nature of the objection. The objection of PNC "to any request for documents predating the March 23, 2001,... date of PNC's appointment of Guardian of the Person of Mildred J. Gerber," the objection of PNC "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, Sr.," and the objection of PNC "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," are sustained. 3. The objection of PNC "to such Requests to the extent that they are overbroad, unduly and unreasonably burdensome and oppressive," is denied because of the nonspecific nature of the objection. The objection of PNC "to Marilyn Jo Gerber's request for all receipts, debits and transactions supporting each entry in PNC's Account" is sustained for overbreadth and undue onerousness. 4. The objection of PNC "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" is denied because of the nonspecific nature of the objection. The objection of PNC "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," is sustained. 5. The objection of PNC "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" is denied because of the nonspecific nature of the objection. The objection of PNC "to the request for statements for the Trust and Guardianship Account administered by PNC, since these documents have already been provided to Ms. Gerber" is denied to the following extent: a. Within 14 days of the date of this order, Marilyn Jo Gerber shall serve upon PNC's counsel, in verified form, a list of those statements which she has already received; b. Within 14 days after timely receipt of this list, PNC shall serve upon Marilyn Jo Gerber, in verified form, copies of those statements which are not included on her list; c. To the extent that PNC demonstrates in hearings before the auditor that this order has caused it to duplicate an earlier provision of materials, Marilyn Jo Gerber shall be ordered to reimburse PNC for the reasonable cost of such duplication; 6. The objection of PNC "to such Requests to the extent that they are so vague and ambiguous that they are not subject to reasoned interpretation" is denied because of the nonspecific nature of the objection. 7. The objection of PNC "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" is denied because of the nonspecific nature of the objection. BY THE COURT, J. Wesley Ot~, Jr., J. Marilyn Gerber, pro Se 717 Market Street, #317 Lemoyne, PA 17043 Joanne Book Christine, Esq. One South Market Square, 12th Floor P. O. Box 1146 Harrisburg, PA 17108-1146 For PNC Bank, N.A.