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HomeMy WebLinkAbout09-22-11IN RE: ESTATE OF ROBERT M., IN THE COURT OF COMMON PLEAS OF MUMMA, Deceased :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ORPHANS' COURT DIVISION N0. 21-86-398 ANSWER OF M&T BANK TO PETITION TO AUTHORIZE DISTRIBUTIONS NOW COMES, Respondent, M&T Bank, by and through its attorneys, Rhoads & Sinon LLP, and files the within Answer to Petition to Authorize Distributions, as follows: `~ --- ,_ ~-, 1. Admitted. L _ _, rT~ " ~=? r., 2. Admitted. .. _ . ~-_ _. 3. Admitted. ., -`,-+ _. 4. Admitted. ~, 5. After reasonable, investigation, Respondent is without knowledge or information sufficient ~~; .~ U -;~ to form a belief as to the truth of the averments and the same are denied. For that reason, proof thereof, if relevant, is demanded at time of trial. 6. -13. After reasonable, investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments and the same are denied. For that reason, proof thereof, if relevant, is demanded at time of trial. 14. It is admitted that the auditor conducted a hearing in May 2011. As to the remaining averments, after reasonable, investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments and the same are denied. For that reason, proof thereof, if relevant, is demanded at time of trial. 15. - 21. After reasonable, investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments and the same are denied. For that reason, proof thereof, if relevant, is demanded at time of trial. ~~ . ~ ;. 22. It is admitted that a commercial money market savings account in the name of D E Distribution Corp, Account Number ~~~O~C5251 (the "M&T Account"), exists at M&T Bank. As of August 31, 2011, the M&T Account held $86,337.57. As to the remaining averments of this paragraph, after reasonable, investigation, Respondent is without knowledge or information sufficient to form a belief as to the accuracy of said allegations and the same are denied. For that reason, proof thereof, if relevant, is demanded at time of trial. 23. It is admitted that M&T Bank refuses to pernut the funds in the M&T Account to be withdrawn without authorization from the court. M&T Bank is a stakeholder of these funds and seeks direction from the court as to the disposition of these funds. 24. - 34. After reasonable, investigation, Respondent is without knowledge or information sufficient to form a belief as to the accuracy of said allegations and the same are denied. For that reason, proof thereof, if relevant, is demanded at time of trial. 35. It is admitted that Petitioner seeks such relief. M&T Bank will transfer or otherwise dispose of the funds in the M&T Account, which total $86,337.57 as of August 31, 2011, as directed by the court. Wf~REFORE, M&T Bank respectfully requests that this Court enter an order directing M&T Bank to whom to make distribution of the funds held in the M&T Bank Account. BROADS & SINON LLP By: Thomas A. French One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Respondent M&T Bank -2- VERIFICATIQN ~~,.i..r ~ L . R~ b u~ k, deposes and sa s su ' y , beet to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that ]xe is the ~ c ~ r D ~~'r ~ ~~Eg of MB~T Bank, thatmakes this verification by its authority and that the facts set forth in the Answers to Petition to Authorize Distributions are true and correct to the best of his knowledge, information and belief. Date: ~ I ~~ ~'r cl~c-~-. P,.,~Ka L. ~ r~t[c~ 1 ~ ~ sr2ac~of M&T Bank CERTIFICATE OF SERVICE I hereby certify that on September 22, 2011, a true and correct copy of the foregoing Answer of M&T Bank to Petition to Authorize Distribution served by means of United States mail, first class, postage prepaid, upon the following: Joseph D. Buckley, Esquire (Auditor) 1237 Holly Pike Carlisle, PA 17013 Brady L. Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 George B. Faller, Jr., Esquire No V. Otto, III, Esquire 10 East High Street Carlisle, PA 17013 Linda Mumma c/o Carter Ellis 203 Friars Court Mechanicsburg, PA 17050 Barbara M. Mumma 541 Bridgeview Drive Lemoyne, PA 17043 Robert M. Mumma, II Box F Grantham, PA 17027 Robert M. Mumma, II 840 Market Street, Suite 33333 Lemoyne, PA 17043 Robert M. Mumma, II 6880 S.E. Harbor Circle Stuart, FL 34996-1968 ~f/ /`~' U ~. Lynne .Ritter