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HomeMy WebLinkAbout05-20-05 (2) Joanne E. Book, 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, P A 17108-1146 (717) 233-5731 Attorneys for PNC Bank, N.A. _..e'"... 1"') (::;) r--:) -ry INRE: MILDRED J. GERBER TRUST UNDER AGREEMENT DATED DECEMBER 19,1997 : IN THE COURT OF COMMON PLEAS OF ~ : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-2002-0540 IN RE: FRED E. GERBER TRUST UNDER AGREEMENT, dated July 29, 1994 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-1998-0195 MOTION TO QUASH SUBPOENAS AND/OR FOR PROTECTIVE ORDER NOW COMES, PNC Bank, National Association ("PNC"), by and through counsel, Rhoads & Sinon LLP, and files the within Motion to Quash Subpoenas and/or for Protective Order, and, in support thereof, avers as follows: I. FACTUAL BACKGROUND: 1. In both of the above actions, PNC was substituted by Jacqueline Verney, Esquire, by Order of this Court dated June 27, 2003, to pursue objections filed to Accounts filed by Frederick E. Gerber II as Trustee of the above Trusts. 5"Sl~.1 It 2. PNC believes and therefore avers that Frederick E. Gerber II has filed Accounts of both of the above Trusts, and that Marilyn J. Gerber ("Ms. Gerber") has filed Objections to those Accounts, although PNC has not been served with any such documents. 3. PNC believes and therefore avers that William A. Duncan, Esquire, has been appointed Auditor to regarding the Accounts filed by Frederick E. Gerber II in both of the above matters. 4. PNC believes and therefore avers that discovery is ongoing as to Audit of the Accounts filed by Frederick E. Gerber II in both ofthe above matter. 5. PNC is not a party to the Audit of the Accounts filed by Frederick E. Gerber II. 6. By correspondence received by counsel to PNC via fax on April 20, 2005, Ms. Gerber indicated that she was issuing Subpoenas upon Mr. David Brown ("Mr. Brown") and Ms. Jennifer Conway ("Ms. Conway"), presumably under Pa. R.c.P. 4009.22 [correspondence from Marilyn J. Gerber to counsel for PNC attached hereto as Exhibit "A"]. 7. Attached to the correspondence received by fax were two Subpoenas to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 dated April 20, 2005, directed to Mr. Brown in both of the above-captioned actions and several letters to Mr. Brown [April 20, 2005 Subpoenas to Mr. Brown and attached correspondence attached hereto as Exhibit "B"]. 8. Also attached to the correspondence received by fax were two Subpoenas to Produce Documents or Things for Discovery Pursuant to Rule 2009.22 dated April 20, 2005, directed to Ms. Conway in both of the above-captioned actions and several letters to Ms. Conway [April 20, 2005 Subpoenas to Ms. Conway and attached correspondence attached hereto as Exhibit "C"]. -2- 9. Subsequently, counsel for PNC received the same documents from Ms. Gerber via regular mail, postmarked April 26, 2005 but not received by counsel for PNC until May 4, 2005, because Ms. Gerber had incorrectly addressed the correspondence. 10. With the packet received on May 4, 2005, counsel for PNC received two Subpoenas to Attend and Testify dated April 26, 2005, directed to Mr. Brown in both of the above-captioned actions [April 26, 2005 Subpoenas to Mr. Brown attached hereto as Exhibit "D"] . 11. Also enclosed were two Subpoenas to Attend and Testify dated April 26, 2005 directed to Ms. Conway in both of the above-captioned actions [April 26, 2005 Subpoenas to Ms. Conway attached hereto as Exhibit "E"]. 12. The Subpoenas to Attend and Testify request Mr. Brown and Ms. Conway to appear for a deposition on May 26,2005, and to bring "all documents requested for reference." 13. It is not clear to which documents the Subpoenas to Attend and Testify are referring. II. LEGAL STANDARD: 14. This Court may quash a Subpoena and may issue a protective order prohibiting or limiting depositions and discovery, as set forth in Pa. R. Civ. P. 234.4(b) and 4002. 15. Pa. R. Civ. P. 234.4(b) provides as follows: A motion to quash a subpoena notice to attend or notice to produce may be filed by a party, by the person served or by any other person with sufficient interest. After hearing, the court may make an order to protect the party, witness, or other person from unreasonable annoyance, embarrassment, oppression, burden or expense. 16. In addition, Pa. R. Civ. P. 4002 provides: Upon motion by a party or by the person from whom discovery or deposition is sought, and for good cause shown, the court may make any - 3 - order which justice requires to protect a party or person from unreasonable annoyance, embarrassment, oppression, burden or expense. 17. Each of the Subpoenas issued by Ms. Gerber are improper on numerous grounds, and should be quashed and/or a protective order should be issued prohibiting or limiting the depositions and discovery requested by Ms. Gerber. III. INVALID SERVICE: 18. Ms. Gerber did not comply with Pa. R. Civ. P. 234.2(b) in serving any of the Subpoenas directed to Mr. Brown or Ms. Conway, as the Subpoenas were served by facsimile and/or regular mail upon counsel for PNC as described above, rather than in the manner specified by Pa. R. Civ. P. 234.2(b). 19. Thus, all of the Subpoenas directed to Mr. Brown and Ms. Conway are invalid for improper service and must be quashed. IV. FAILURE TO COMPLY WITH PA. R. CIV. P. 4009.21 ET SEQ.: 20. Moreover, the Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 are invalid and should be quashed for Ms. Gerber's failure to comply with Pa. R. Civ. P. 4009.21 et seq. 21. PNC is not a party to the Audit of Frederick E. Gerber II's Accounts. 22. Thus, Pa. R. Civ. P. 4009.21 requires Ms. Gerber to give written notice to every other party of the intent to serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 upon PNC at least twenty (20) days before the date of service. A copy of the subpoena proposed is to be attached to the notice. 23. There is no evidence that Ms. Gerber provided the twenty (20) day notice to the other parties to this matter, or otherwise complied with the requirements of Pa. R. Civ. P. 4009.21 et seq. - 4 - 24. Thus, the Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 for Mr. Brown and Ms. Conway are invalid and should be quashed. v. INVALID SERVICE AND INABILITY TO PRODUCE MS. CONWAY: 25. Ms. Gerber's invalid service of the Subpoenas directed to Ms. Conway upon counsel for PNC is further improper and ineffective because Ms. Conway is no longer an employee for PNC. 26. PNC cannot produce Ms. Conway for testimony or as to any other matter, because as she no longer works for PNC and she is not within PNC's control. 27. Ms. Conway is the former Branch Manager ofPNC's New Cumberland Branch, but has since left PNC's employ. 28. Thus, PNC has no ability to produce Ms. Conway for testimony or any other matter on May 26, 2005, or any other date. 29. Thus, the Subpoenas directed to Ms. Conway should be quashed. VI. IRRELEVANT AND/OR DUPLICATIVE TESTIMONY: 30. As recognized by Ms. Gerber in her letter to Ms. Conway, Ms. Conway testified before this Court in February and March of 2001 in prior proceedings relating to Mildred J. Gerber's competency. 31. Ms. Conway's prior testimony is a matter of record, and it is believed and therefore averred that Ms. Conway has no additional, relevant information regarding the current litigation concerning the Audit of Frederick E. Gerber II's Accounts. 32. In addition, Mr. Brown testified at length during a prior deposition on May 20, 2004, and a hearing held on September 28-29, 2004, concerning Accounts filed by PNC, to which Ms. Gerber also objected. - 5 - 33. Mr. Brown's prior testimony, which is a matter of record, covered all of his personal knowledge concerning Frederick E. Gerber II and the transition of assets from Frederick E. Gerber II's control as Agent for Mildred J. Gerber and as prior Trustee of the Trust of Mildred J. Gerber. Mr. Brown has no additional personal knowledge concerning either Mildred J. Gerber or Fred E. Gerber, Sr. or their Trusts, which was not covered in his prior testimony. 34. Neither Ms. Conway nor Mr. Brown has any personal knowledge of the Accounts filed by Frederick E. Gerber II or the transactions within those Accounts that was not already covered in their previous testimony, all of which is a matter of record. 35. Thus, the Subpoenas to Attend and Testify directed to Ms. Conway and Mr. Brown should be quashed and/or a protective order should be issued prohibiting their testimony as it is not relevant to these proceedings and/or is duplicative of other testimony of record in earlier, related matters. VII. IMPROPER DOCUMENT REQUESTS: 36. The document requests contained III Ms. Gerber's Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 are duplicative, overly burdensome, request voluminous documents that are completely irrelevant to the Audit of the Accounts filed by Frederick E. Gerber II as Trustee of the above Trusts, and are not likely to lead to relevant evidence. 37. In the Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 directed to Ms. Conway and Mr. Brown, Ms. Gerber requested that copies of all documents be submitted by May 20, 2004, and even if relevant the financial information could not be compiled by that date. - 6 - 38. Ms. Gerber requests copies of account statements, checks, signature cards, credit card accounts, wire transfers, safe deposit boxes, etc. relating to accounts held by Mildred J. Gerber and Fred E. Gerber Sr. individually, rather than their Trusts. 39. Ms. Gerber requests copies of such documents from 1998 to the present. 40. Transactions and documents relating to the individual assets of Mildred J. Gerber and Fred E. Gerber Sr. are not relevant to the Audit of the Trust Accounts. 41. Various documents requested by Ms. Gerber are not within the control of PNC, including records relating to credit cards or investment accounts, which were not administered by PNC and thus PNC has no ability to produce those documents. 42. If the Court should deem the documents related to Mildred J. Gerber and Fred E. Gerber Sr.'s individual assets relevant to this matter, PNC's cost to produce the non-privileged documents within its possession would be approximately $1,200, representing copy costs of its Records Custodian of $.50 a page and $11 per hour to produce the over four years of statements, check copies and related documents that Ms. Gerber is requesting. 43. PNC hereby requires Ms. Gerber to pay the $1,200 for the costs of such production, in advance ofPNC producing such documents. 44. After receiving said payment from Ms. Gerber, PNC will require at least 60 days to produce such documents since they are held in microfiche and similar archives and are not easily accessible. 45. Moreover, many of the documents requested by Ms. Gerber have already been produced by PNC during the Audit of PNC's Accounts of the Mildred J. Gerber Guardianship Account and Trust. - 7 - 46. As recognized by Ms. Gerber in one of her letters to PNC counsels attached hereto as Exhibit "A", on May 20, 2004, she received over 4,000 pages of documents from PNC. These documents were exact copies of the non-privileged documents that were in PNC's file through that date. 47. Since that time, PNC has received no additional documents responsive to Ms. Gerber's request that are not already in her possession. 48. There are no additional, non-privileged documents relating to the Mildred J. Gerber Guardianship Account and Trust that. Ms. Gerber has not already received, and to produce those documents again would be duplicative. 49. Should Ms. Gerber require an additional copy of said documents, the cost would be approximately $500, and PNC would require such payment before producing copies of the same documents to Ms. Gerber again. 50. For all of the above reasons, the Subpoenas to Attend and Testify issued to Ms. Conway and Mr. Brown should be quashed, or this Court should enter a Protective Order prohibiting Ms. Gerber from deposing Ms. Conway and Mr. Brown. 51. In addition, the Subpoenas to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 should also be quashed, or in the alternative, Ms. Gerber should be required to reimburse PNC its costs of producing copies of the non-privileged documents within its control prior to PNC producing said documents, and PNC should be given 60 days from the date of such reimbursement to produce any such documents. WHEREFORE, PNC Bank, N.A., respectfully requests that this Honorable Court Quash the Subpoenas to Attend and Testify and Subpoenas to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 directed to Jennifer Conway and David Brown. PNC Bank, - 8 - N.A., further requests that this Honorable Court enter a Protective Order prohibiting Ms. Gerber from deposing Jennifer Conway and David Brown. To the extent that this Court does not quash the Subpoenas to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 directed to Jennifer Conway and David Brown, PNC Bank, N.A. requests that this Court require Marilyn J. Gerber to reimburse PNC Bank, N.A. for its costs of producing said documents in advance of their production. Respectfully submitted, RHOADS & SINON LLP By: ~ e E. Book H ther Zink Kelly e South Market Square P. O. Box 1146 Harrisburg, PAl 71 08-1146 (717) 233-5731 Attorneys for PNC BANK, N.A. - 9 - CERTIFICATE OF SERVICE I hereby certify that on May 20,2005, 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, P A 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 Jacqueline M. Verney, Esquire 44 S. Hanover Street Carlisle, P A 17013 William A. Duncan, Esquire Duncan, Hartman & Douglas, P.e. One Irvine Row Carlisle, P A 17013 tn&L FROM : Apr. 212l 2005 12l3:48F'M Pi FAX NO. : 117 - ~'J-&/;1/? 10 : .JDMN€ c#tf.fpU~1 eS ~rJ{1!e fttJrV1 ~ M/f#Ul-~ t;~ ~, /IIt'-ti.. 00" ..lItJ4 /!Eo' ~J ~~)M~ ~r' FROM ; FRX NO. ApT". 2121 20l21S l2I3; 49PM P2 April 20.2005 Joanne Christine,Esquire Rhoads & Sinon One South Market Square Harrisburg,PA 17018 Dear Christine: On March 17,2005, Jackie Verney, Richard Rupp and myself met with Auditor William Duncan to agree on stipulations. I typed up and printed the stips on site on March 17,2005 and they were signed by aU of the above. Mr. Duncan agreed that I could serve supeonas for Production of Documents for the upcoming Frederick E. Gerber,1I hearing on Objections that PNC Bank and I filed in August 2002. It surely has taken a while wouldn't you agree, three years! I am therefore serving a supeona on Ms. Jennifer Conway, Branch Manager of the PNC New Cumberland Branch in New Cumberland, PA. The accounting filed by my brother on January 28,2005 indicates that Frederick E. Gerber,lt has co mingled not only my mother and father's money but his as well with that of the individual assets and Trust of Fred E. Gerber,Sr. and Mildred J. Gerber. This allows me to request documents from ALL financial sources of Fred E. Gerber.Sr. and Mildred J. Gerber and Frederick E. Gerber,ll and any other beneficiary. I am requesting documents of all checking and financial accounts and assets that were held by Fred E. Gerber,Sr and Mildred J. Gerber either individually or jointly. " My father. Fred E. Gerber,Sr and my mother Mildred J. Gerber had joint financial accounts at PNC Bank at the New Cumberland Branch in New Cumberland,PA. I am also requesting all documents from any financial accou...ls that may have been held jointly, individual, as checking accounts, as credit card accounts, as financial investment accounts, as assets accounts or under any name that were associated with either my father or mother under any entity that involved any finances or moneys associated with my parents, their Trusts or another system. You shall have exactly 30 days to produce the requested documents which shall be on May20,2005. I shall also have the right to review the original documents and J shall do so on May 23,2005 at PNC Bank at the New Cumberland Branch or at your offices. I shall inspect each submitted document with the original document. I wish to inform you that this Court has NOT prohibited from the premises of PNC Bank at any location. . shall expect a signed verification from Ms. Conway that she has provided ALL documents as J have requested. FROM; FAX NO. Flpr. 20 2005 03: 49PM P4 r have enclosed the following supoena for Request for Documents Sincerely, ~ Marilyn Gerber,Pro Se 717 Market Street, #317 Lemoyne,Pa 17043 TEL 717503-5280 FAX 717737-7116 cc. Ms. Jennifer Conway William Duncan, Auditor " FROM: FAX NO. Apr. 20 2005 03:52PM P1G Apri120.2005 Ms. JosMe Book Christine. Esquire Rhoads & Sinon One South Market Square Hanisburg. PA. 17018 Dear Christine: In December 2004, at the status conference hearing that created the first draft of stJpU!ations for the Frederick E. Gerber.1I Accounting, Objections and hearing to be held In 2005; Auditor William Duncan made the decision that J could Request ~ocum~nts and Depose David Brown for any documents. accounting, financial Information, correspondence etc. that transpired between Frederick E. Gerber,1I from 1998 to the present-2005 or had anything to do with the two stated Trusts. In anticipation of your attempting to quash my Request for Documents or your stating that you provided me with all of the documents that occurred for the PNC Accounting Objections and Hearing that was held in September 2004, I shall state my following position. 1. PNC Bank provided all my requested documents for the period of March 2001 to Odober 2003. 2. PNC Bank also provided documents for the above dates for the Mildred J. Gerber Trust and the Fred E. Gerber,Sr. Trust. 3. PNC Bank failed to allow me to view the ORIGINAL docu"'9'ts that is my right to view when requesting documents. 4. PNC Bank "dumped" approximately 4,000 pages on me the day that I deposed Dave Brown on May 20,2005 and obviously I did not have the time to view these documents which were deliberately presented to me without any sense of order by SUbject matter or any approved accounting practice. 5. PNC Bank refused to anow me to continue my deposition of Dave Brown and although Auditor Duncan stated that I could finish my "deposition" of Dave Brown during the PNC Bank hearing on September 28.29.2004. we all know that those two days became a rush in cross examination with more time spent on business, breaks, lunch and successful attempts by Frederick E. Gerber,1I at sabotaging the hearing process. Dave Brown did not even have the respect to stay throughout the entire hearing but rather left for more 'pressing" banking business. 6. PNC Bank also filed for itself and their "partner" Charles Schwab a Motion to Squash my Request for Documents and a deposition of Charles Schwab. I still am not sure why PNC Bank was doing Charles Schwabls dirty work? Although. the Court FROM : FAX NO. Apr. 2l1l 21305 133: 49PM P3 granted your Motion to Quash the Requisition E:ind Deposition of Charles Schwab. the Court did not deny me any physical access to the premises of Charles Schwab or PNC Bank. Please remember this very important fact. The Court did also ultimately upheld my Motion to Demand that PNC Bank provide my requested Documents and Deposition. 8. PNC Bank ONLY presented documents for the time period from March 2001 to October 2003 and the issue of any other documents from any other time period was never an issue as it was not applicable to the PNC Bank hearing. 9. PNC Bank has had a long relationship with my parents and the two Trusts. Therefore. because of the conditions and dates of the upcoming hearing, I shall have the right to collect all the documents concerning the two Trusts from 1998 to the present. I shall expect PNC Bank to produce ALL documents from 1998 to the present. I wish to make myself perfectly ctear, I have been granted permission by Auditor Duncan to supeona f PNC Bank for documents as well as a depose Dave Brown. I shall pursue this authority. If you have any Intent to prevent me from accomplishing my goal, please be direct with me. If you should require a conversation in order to coordinate my requests and depositions, I am avaitable ~y telephone, by telephone conference or by correspondence. I have enclosed my supoena for Request for Documents. Sincerely, Marilyn . erber, Pro Se 717 Market Street,#317 lemoyne,PA 17043 717 503-5280 cell 717737.7116 fax cc. William Duncan, Esquire FROM: FAX NO. Apr. 2eJ 2005 03:51PM Pl1 April 20.2005 Mr. David Brown PNC Bank Financial Advisors Dear Mr. Brown: I have served your attomey with the supeona for a Request for Production of Documents from PNC Bank-Fif'1anclal Advisors. You shall have exactly 30 days to produce the requested documents which shall be on May20,2005. J shall also have the right to review the original documents which you are going to submit on May20,2005. , shall do this on May 23,2005 by inspecting each submitted document with the original document. J have not been prohibited from the premises of PNC Baf'1k by this Court and therefore J shall exped to view these documents on site or at the offices of Rhoads & Sinon. If I am to view the documents off site of PNC Bank Financial Advisors, I shall expect a signed verification that I have received an of the requested documents. I have enclosed the follow Request for Documents. Sincerely I /, .. Marilyn Gerber,Pro Se 711 Market Street.#317 Lemoyne. PA 17043 TEL 117 503-5280 FAX 717737-7116 cc. Joanne Chrlstlne,Esquire William Duncan. Esquire FROM: FAX NO. Apr. 213 213135 03:51PM P12 April 20,2005 Mr. David Brown PNC Bank-Financial Advisors Camp HiII,PA Dear Mr. Brown: You have been supoened to produce documents which I have sent to your attorney, Ms. Joanne Christine. You are requested to produce the documents which were served upon you 'ast year for the hearing of the Fred E. Gerber,Sr. Trust and the Mildred J. Gerber Trust for the Objections to the Accounting by the Trustee. Frederick E. Gerber,ll. This hearing was continued until late this year and Judge Oler signed an order that I the years shall be from 1998 to present Therefore I am amending the letter that I sent to you with the supoena last year to include all documents from 1998 to present. I know that you will probably protest and state that I have received all of the documents, but since this Accounting starts in 1998 to the present, the last set of documents that were produced were only for the period of March 2001 to October 2003. I am especially requesting all documents, correspondence, e-mails,etc. that exist between PNC Bank, Frederick E. Gerber,lI, Jane Gerber Heflin, or any other entity from 1998 to present. This shall include any and all investments and assets for the above stated Trusts. This includes any documents, investments. assets that were transferred from any personal or joint accounts of Fred E. Gerber,Sr.(Jr Mildred J. Gerber from 1998 to present as well as any outside financial institutions as Charles Schwab that may have communicated in any manner with PNC Bank and provided information, transferred funds, etc. If you have any questions. please feel free to call me. Sincerely, cc. Wiltrl"ri'il)uncan;-fiquire FROM .~..:. FAX NO. Apr. 20 2005 03:51PM P13 /!.G: FM!) E. ~ flW.4r COMMONWEALTH OF PENNSYL V AN1A COUNTY OF CUMBERLAND ol!/ll/#JS' ~ FileNo. ~-?,f-Ol?r SUBPOENA TO PRODUCE DOCUMENTS OR TffiNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mfa d:JAtJt:D Ae.4L11,u- P,f/f!.; ~ ,u/J.- (Name of Person or P..ntity) Wilhin twenty (;20) days after service of thh~ llubpoena, you are ordered by the court to produce the tollowing documunts or thillBli: ---- oJ.l~.~~ dL- .t?~ ~ I , at <Address) You may deliver llr muil legible copies of the documents or produce things requested by this subpoena, together with thc certificate of compliance, to the party making this request at the address listed above. You have the right to seele ii, advllnce the reasonable cost of pn:paring the collieR or prmiucins the thing.c; sought. If you fnil to produce the documents or tbings required by thili subpoena within t\'Icnl)' (20) dllys after it:'! service, the party serving this subpoena nlay seek II court order compelling you to comply with it. TH1S SUBPOBNA "!IAS tS~E~ AT THE REQUEST OF THE FOLLOWlNG PE~O~~. ': NAME: ~h...I1-AJ .~ ... -. ADDE~t ?~ <. ... .. TF.I.mlONU: :fi-';'.-.s"i"'~2ef1:... - :. . SUPREME COURT 10 It ^ iJ'ORNEY FOR: -. -.r DlIte: CourL FROM FAX NO. Apr. 20 2005 03:52PM P14 1fE: /4,/.JJJ!!e!b~ f~ 7har COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND oUtI111/s I ~ l~iJe No. ~/-~~ .(JS'fO SUB'POlCNA TO PRODUCE DOCUMENTS OR TWNGS FOR nISCOVERY PURSUANT 1'0 RULE 4009.22 TO: h~. J>IhIID l>l!.ow^.f - ~d ~ h_J.. ~ (Name of Person or Endty) Within twenty (20) dnys urtcr service ortois subpoenll, you arc ordered by the court to produce the following doculnents Dr things: at.f ~ fL.hzL /4f-dz ~ ftt;t;;r-' " at (Address) You may deliver or mail legible copies of the document'! or produce things requested by this sllbpoentl. together with the ccrtltiC:OltC ofcomplillnee. to lhe party making this request at the address listed llhove. You bave the right to seek In advance the reasonable cost of preparing the r;oflfes or producing !he thingll sought. ffyou fuil to produce the documents or things required bY this subppcna wilhin twenty (20) daYli lltler its ficrvice, the pllrty ~orving this subpoClna may seck 11 ~ourt order compelling you to comply witb It. THrs SUBPOENA WAS ISSUED ^ T THE REQUEST OF THE FOLLOWiNG PERSON: NAM& ~~ ADDRESS: l::hljJ"dJ$.. ~~[t TBl.ErHONE: 117 $3- .s-2-tYtJ SUPREMB COURT ID # ^ TIORNEY FOR: - . BV THR COURT-v.; ~ / ,jJ&'dctj. (UILLLI -kuiL ./Regl:'lter of Wills/Clerk of t1l ~ Orphans' 0 Cuurt D~tc: ~ /1lJ _ Seal of the Court "Deputy FROM : FAX NO. Apr. 2121 2005 03:52PM P1S IN BE: M:tIDRED J GERBER, TBUST 21-02-540 a::lMBERIAND ClXlNlY O>>fJNWEAIt.m OF PmNSYLVANIA ORP~S1o COl:JRX DIVISION AND . IN BE: FRED E G.ERBm, SR., nIDST 21-98-195 Cumberland County, 58: S~POENA To: "" 1\. ~Av l D i~RDvJlJ - P~J~ 6A1JK FltJltNflAAL 1ti::V~ [V.lrM:f ~ Pe101J<;l{~ltNl A % Ms. :JPlrJJpJe' ~nN6j ~qtJtiE" ~ ~ 5?rdloil OJJ;: Suo71l NNJ!&rS&. ~Mgjr-1q.loK We: command you and each of you, that, setting aside all manner of business Mid excuses, you he and appear in your 'proper person before our Judges at Carlisle, at our County Court of Common Pleas, O.-phans' Court Division, thel"e to be held in the County of Cumberland, on the ...J..2!!! day of ~ 20M- at ..iL;~ --LM. [prevailing time] of tbat day, to testify nIl and singular those thiu2s wbich yon shan know in a certain information for IilC"l'r&ye CAfn o,u ~ ~rs 0 F M\C1>eeb~ ~~- Fiehe~TrllA~i3- ~~ c,t!tAJG, ~1f.tJ.Sr ,,",~, 6VkAJ(!..(1It.. ~ ~ of {J1/lU!et~ Failure to aPl>ear may result in tbe initiatJon of contempt of court pro~ccdings against you and/or issuance of n bench waTra~ tOYe.c~r...Mresence. (l.,u,(JfJ. ~ ~Ee1J fU!..6>~~f ~~~ ~~4 I~AL I kncn~ ~~~ ~1S.JlS W~ ~ nw;;- b~mni171!:11"Itel!> i>'(fAL. WITNESS the Honorahle GeorgI! E. Hotler, . President Judge, at Carlisle, the gt"- day of ~ A.D. TWO THOUS~)) AND ~ ,-l:1h...t. .':ft,. ^ n ,~,~.UIl"~'Xl. 'i; '~ CLERK OF OnPHANS' CO n j.~~ FROM: FAX NO. Apr. 20 2005 03:49PM PS April 20.2005 Ms. JennnerConway PNC Bank New Cumberland Branch Dear Ms. Conway: I have served Rhoads & Sinon with the supeona for a Request for Production of Documents. You shall have exactly 30 days to produce the requested documents which shall be on May20,2005. I shall also have the right to review the original documents which you are going to submit on May 20,2005. r shall to this on May 23,2005 by inspecting each submitted documents with the original document. I have not been prohibited from the premises of PNC Bank by this Court and therefore I shalf expect to view these documents on site or at the offices of Rhoads & Sinon. If I am to view the documents off site of PNC Bank, I shall expect a signed verification that I have received all 0 f the requested documents. I have enclosed the following Request for Documents. Sincerely, .....~h.' ~ 1J;j '~'l ~ ~. Zlyn Gerber,Pro S~ . 717 Market Street.'317 Lemoyne,PA 17043 TEL 717 503-5280 FAX 717737-1116 ce. Joanne Christine,Esquire William Duncan. Esquire Auditor FROM : FAX NO. Apr. 20 21305 03:49PM P6 t COMMONWEALTH OF PENNSYL VANTA COUNTY OF CUMBERLAND O/J/fllrtJ,t' &O,e/ ft! O/?,J /E;. ~E. ~ FileNo. :J/-~- nturr SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: //W. JaUVfFi:1L ~ff ~QmeofPe~onorEntity) Within twenty (20) dill'S after servi-:e of this subpoena, you nrc I.'lrdcrcd by the CO\.rt tu produce the following documents or thing."l: .... ... ~~;:;;;1~ at (Address) You may deliver or mllillcgiblc eopiell of the documentS or produce things requested by this subpoena. together witll the certificate of compliance, to the party making this l'eqUest at the address listed ahove. YOll have the right to seck in advance the reasonable cost ofprepnrlng the copTc:> 01' producing the thingK sought. If yl.'lu fui! to produce the documents or thing..; required by this subpoena within twcnty (20) daYli aficr its llervicc, the party serving this subpoena mny seek a courl order compelling you to comply with it. ED AT THE REQUEST OF THE FOLLOWING PBRSON: BY THE COURT: \ }!\~ _U\clo...... ~~ . Register of Wills/Clerk I.'lfthc Orphan::;' '. .:~ ". 9~\ %- ~ . . ........ " ,.. '. . - ., -~- .. r. ' .. a.....~. .~; .. /. ,. .- ~ : ...... :: OcputY~ ~... .... -: . " '...:.. '.I . _- :- FROM: FAX NO. Apr. 20 2005 03: 50PM P7 COMMONWEAf..TH OF PENNSYLVANrA COUNTY OF CUMBERL.AND (JI!/lI/tWS't!A:JttT File No. 0lI- fJP1)B -0 ~~_ IE: MfLMeb~~ 7Jtau- SUB.POENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ~'" if~t(/'(~orp~~~-; P'd.. 61h.J< Within twenty (20) days after service of this subpoena, you are ordered by the court to pnlducc the following documen1.~ or things: ~~:~i:::2~ nt (Address) You may deliver or Illnil legible eopies of the doeumcnt.o; or produce things request.ed by this subpoena, together with the celtiticatc of compliance, to the party making Ihis request at the address listed abave. You have the right to seek in advance the n:asonnbtc cost of preparing the co'ic.~ or producing the thin~ sought. If you fail to pruduce nic documents or things required by this lIubpocna within twenty (20) days after itN service, the party serving this subpoena may seck il court order compelling you to comply with it nus SUBPOENA WAS IS UED AT THE REQUEST OF THE FOLLOWING PERSON: .. NAME: ADD R P. ...!...:Zt.:l- TELEPHONE: (11 \SlJ~-~_ SUPREME COUR.'l'ID # ^TTORNEY FOR; BY THE COURT: \.ld.Q.Lf\J.o...I~~k ..~,n~~\- Register of Wi lis/Clerk of the Orphans' - - ~ .. - '.. Court Dnte: 4/ ~ 4r' -'~~~urt . D.cputy ; . ~: ~ . . . ....'.' <~:.:~>~.>. \. ~~-~~ .- . . - ... . . - .' , . . .' FROM : FAX NO. Apr. 20 2005 ro: 512lPM PB /.4t;f. U1'~ . . 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 foJlowlng documents concerning Mildred J Gerber. t. Copies of all financial and/or checking accounts including the account number that Mildred J Gerber has had with PNC Bank either as an Individual or as a joint member with her husband, Fred E. Gerber. Sr.. Frederick E. Gerber.1I or any other individual. Please Identify accounts that are joint accounts. Provide copies of known financial accounts for Account 5140023151 and 5(J.03S4-4954.~/9?"~ . 2. For each and every checking account that Mildred J Gerber has had with PNC Bank, please provide copies of the monthly statements from 1998 until the present Or' the closing of any account 3. . For each and every Check written by Mildred J Gerber (under each checking account) or by any of her representaUves, please provIde a copy of each check (front and back) from 1998 until :. . 4. All signature authorization cards for any account that have Mildred J Gerber's name on it: ~ \'\ &\ '0 -<l}.OO'2.- - .2/1tJ->....)rIJ tf- 71J I'~. " S. All signature authorization cards for any account for Mildred J Gerber that have the names of any power of attorney as Frederick E. Gerber.lt. Marilyn Gerber or Jane Gerber Heflin from 1998 to . 6. Copies of any credit card accounts written under application through PNC Bank under the. name of Mildred J Gerber from 1998 to~Pleasa provide the credit account number. 7. Copies of any credit card accounts written under application through PNC Bank under lhe name of Mildred J GerbEl?'jhat have another name authorized to charge under Mildred J Gerber's name from)998 to~ . 8. Copies of all wire transfers of funds from any checking accounts or credit card account with PNC Bank of MUdred J Gerber from 1998 to ~ 9. Copies of all wire transfers of funds Into any Checking accounts or credit card account with PNC Bank transferred Into any checking account or account of Mildred J FROM : FAX NO. Apr. 2111 21111115 11I3:50PM P9 Gerber from 1998 to 2002. 10. Copies of any correspondence In the form of letters. e..mail, notes. memos. telephone calls to anyone at PNC Bank regarding Mildred J Gerber. This could be from any of her power of attorneys, attorneys,Trustees. or Guardian of Estate or Guardian of Person that may be known as Frederick E. Gerber. Dave Brown of PNC Rnanclal Advisors. Richard Rupp, Herbert Rupp but not limited to these individuals from 1998 to {l1Uod . 11. Copies of any letters of correspondence from Mildred J Gerber to anyone at PNC Bank from 1998 tofUDJ . 12. Copies of any letters. e-mails. memos, notes, telephone calls from Frederick E. Gerber II to anyone at PNC Bank inctuding you. Jennifer Conway regarding any financi~1 accounts of Mildred J Gerber or any joint account including Mildred J Gerber . from 1998 tof1lla.d . 13. Copies of any interoffice memos. letters, telephone calls concerning Mildred J. Gerber or anyone related to Mildred J Gerber or her financial accounts. 14. Copies of all checks, financial accounts, credit card accounts that were prepared by you or PNC Bank for hearings held at Cumberland County Court for the Guardianship hearing of Mildred J Gerber in February and March 2001. 15. Copies of all letters. supoenas, memos, e-mails concerning YOLlr appearance and testfmony In Cumberland County Court in February and lor March 2001 regarding the Guardianship hearings of Mildred J Gerber. This would also Include copies of any of the above mentioned correspondence to you individually or a group of Individuals that Include you or others without your name. " 16. Copies of all safety deposit boxes held by Mildred J Gerber or held Jointly by her and any other Individual from .998 to~Copies of all signature cards signed by Mildred J Gerber each time she accesse6 her safety deposit box or anyone who had authority to access her safety deposit box with their signature from 1998 to 2002. each access should Include the full date, year, time (if indicated) and the signature of the person who accessed Mildred J Gerber's safety deposit box. 17. Copies of statements for Charges for each and every safety deposit box held by Mildred J Gerber or Mildred J Gerber with Fred e. Gerber,Sr. or with another joint account individual indrcating the monthly charge olyearly charge, the box number from r99B to 2002. The above requests for documents are made to PNC BankIBranch Manager of New Cumberland, PA. where Mildred J Gerber did her banking from 1998 to 2002. Copies of the records should be mailed to and received by Marilyn Gerber 717 FROM : FAX NO. Apr. 20 2005 03:51PM P10 Market Street. #317 Lemoyne, PA 17043 prior to the deposition scheduled for OctOber 7.2004. Ms Conway should also bring a copy of all requested documents to the deposition on October 7,2004. If Ms Conway shall be represented by an attorney for this supoena for request for documents. please provide the name and address and telephone of the attorney. If you have any questions, please call me at 717 503..5280 or write to 717 Market Street, 1317. Lemoyne. PA. This supoena for request for documents is NOT a repeat of the previous supoena sent to yaulPNC Bank. This is a new supoena for the accounting submitted by Frederick E. Gerber.1I for Mildred J Gerber and Fred E. Gerber,Sr for 1998 to~ as ordered by Judge Hoffer in November 2002. I am now in discovery and a hearing has been scheduled by the Court appointed auditor, William Dunean. " /' /- // COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND ;/ A1/L-~ if. ~~ 712ttJI Docket No ;:z.; -~;).. -tJ sVO 2. SUBPOENA TO ATTEND AND TESTIFY To: 1. You are ordereQ. wit If you fail to attend or to 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: Telephone: Supreme Court ill: Name: Address: Date: ifk/or BY THE COURT, L Register of Wills/Clerk of Orphans' Co ^'- t D~{J Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa R.C.P.No.234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. COMMONWEAL TH OF PENNSYL VANIA COUNTY OF CUMBERLAND fk~. E. (;j~SC 7T'dI{;r Docket No ~ ~-/1'jf-lrJ 1. You are ordered by the co .23 3c:' AI. SUBPOENA TO ATTEND AND TESTIFY , ? To: Sit at 2. Requested by: - Telephone: Supreme Court ID: Name: Address: Date?f/z;J5' BY THE COURT, Register of Wills/Clerk of Orphans' Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa R.C.P.No.234.1. Ifa subpoena for a production of documents, records or things is desired, complete paragraph 2. / .-y / ./ >" C0MlV10NWEAL TH OF PENNSYL V ANlA COUNTY OF CUMBERLAND ,/ !t11L-Nd f ~& /1lUQ : Docket No ~ -~a -t)~ 1. SUBPOENA TO ATTEND AND TESTIFY ; To: at at 2. If you fail to attend or to produce the documents or things required by this subpoena, you may be subj ect 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. III Telephone: Supreme Court ID: Requested by: Name: Address: Date: ~J BY THE COURT, Register ofWills/Clerk of Orphans' C urt ~ Note: This form of subpoena shall be used whenever a subpoena is issuable, including ~ hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa R.C.P.No.234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2.