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Home My WebLink About12-07-11f~ V~ VI f'iC~J _ ~ ~}~~ J Thomas A. French, Esquire Attorney ID No. 39305 BROADS & SINON I.LP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Telephone: (717) 233-5731 Facsimile: (717) 238-8623 Email: tlienchQrhoads-sinon.com Attorneys for Respondent M&T Bank ..i t i c"t: ~~ 12~ ~ CLENK OF Ot~PHAP?'S CCJIJRT IN RE: ESTATE OF ROBERT M., IN THE COURT OF COMMON PLEAS OF MUMMA, Deceased :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DNISION N0.21-86-398 RESPONDENT M&T BANK'S REQUEST FOR PARTIAL DISPOSITION ON UNDISPUTED ISSUES OF FACT. IN THE NATURE OF A MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS NOW COMES, Respondent, M&T Bank, by and through its attorneys, Rhoads & Sinon LLP, and submits the within Request for Partial Disposition on Undisputed Issues of Fact, in the Nature of a Motion for Partial Judgment on the Pleadings and, in support thereof, avers as follows: 1. On or about August 26, 2011, Petitioner Lisa M. Morgan ("Ms. Morgan"), the Trustee Under Will of Robert M. Mumma and a beneficiary of the Estate of Robert M. Mumma, filed a Petition. to Authorize Distributions (the "Petition"), which was served upon the Respondents. Petitioner seeks the transfer of funds held in an account with M&T Bank, to another account held at Fulton Bank. The facts referred to herein are all derived from the Petition, or the Responses filed of record. Based upon the undisputed facts averred in these pleadings, M&T Bank files the within request for disposition, seeking an order directing the requested account transfer and dismissing M&T Bank, a mere stakeholder, from this case. 6295 i S. I 2. Respondents Robert M. Mumma, II ("RMM II"), Bazbaza M. Mumma, and Linda Mumma aze beneficiaries of the Estate of Robert M. Mumma. 3. Respondent, MBtT Bank ("M&T") is a banking corporation authorized to do business in the Commonwealth of Pennsylvania. 4. As set forth in Ms. Morgan's Petition, there is a money market account in the name of D E Distribution ("DE"), account number xxxxxxxxxx5251, at M&T (the "DE Account"). Although the relative ownership of shazes in DE is disputed by Respondent RMM II, no party disputes the existence of the DE Account at M&T. 5. Ms. Morgan, as Trustee Under Will of Robert M. Mumma, filed the Petition seeking an Order from this Court to direct M&T to disburse, by wire transfer, the balance of the DE Account held by M&T to another DE account which exists at Fulton Bank, account number xxxxxx1422 (the "Fulton Account"). 6. On September 2, 2011, The Honorable J. Wesley Oler, Jr., issued a Rule to show cause why the relief requested in the Petition should not be granted, returnable within twenty (20) days of the date of the Order. 7. M&T filed its Answer to the Petition on September 22, 2011 and confirmed that the DE Account existed and had a balance of $86,337.57 as of August 31, 2011. 8. M&T is a mere stakeholder of the funds in the DE Account and has no interest in how the funds in the DE Account should be distributed to DE Shareholders, or otherwise disposed of. 2 9. M&T, in order to avoid further costs and expenses, requests an Order of this Court, directing 1VI&T to transfer the funds from the DE Account at M&T to the DE account at Fulton Bank, account number xxxxxxl422. The act of transferring the DE funds from one bank account to another bank account held by DE would not cause any harm to Respondents or impact Respondents as shazeholders of DE. 10. RMM II also filed a Response to the Petition on September 22, 2011, which contained various objections to the relief requested in the Petition. 11. RMM II's objections and response to the Petition dispute the manner in which the funds in the DE accounts will ultimately be distributed to DE Shareholders. 12. However, RMM II has not objected to Petitioner's request to simply transfer the funds in the DE Account at M&T to the DE account at Fulton Bank. 13. None of the other Respondents filed a response to the Rule to Show Cause. Therefore, the pleadings in this matter aze closed. 14. Accordingly, based upon the pleadings in this matter, there is no legal or practical reason to prevent this Court from granting partial relief as requested in the Petition and ordering M&T to transfer the funds in their DE Account to the DE account at Fulton Bank, account number xxxxxx 1422. WHEREFORE, Respondent, M&T Bank, respectfully requests that this Honorable Court enter an Order granting the relief requested in Petitioner Lisa M. Morgan's Petition to Authorize Distributions, and direct M&T Bank to transfer the balance of the DE Account at M&T, account 3 number xxxxxxxxxx5251, to the DE Account at Fulton Bank, account number xxxxxx1422, and that thereafter the DE Account at M&T Bank be closed, and dismissing M&T Bank as a party in this case. BROADS & SINON LLP By. - Thomas A. French One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for M&T Bank 4 CERTIFICATE OF SERVICE I hereby certify that on December 5, 2011, a true and correct copy of the foregoing Request for Partial Disposition on Undisputed Issues of Fact, in the Nature of a Motion for Judgment on the Pleadings was 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 Friazs Court Mechanicsburg, PA 17050 Bazbaza M. Mumma 541 Bridgeview Drive Lemoyne, PA 17043 Robert M. Mumma, II Box F Grantham, PA 17027 Robert M. Mumma, II 840 Mazket Street, Suite 33333 Lemoyne, PA 17043 Robert M. Mumma, II 6880 S.E. Harbor Circle Stuart, FL 34996-1968 .. L e G. Ritter ,