Loading...
HomeMy WebLinkAbout12-14-11IN RE ESTATE OF IN THE COLjRT OF COMMON PLEAS ROBERT M. MUMMA, CI.Ti~1BERLAND COL~TTY, PENNSYL:~%:A'~I~ Deceased, ORPHANS' COURT DIVISION No.21-86-398 RESPONDENT ROBERT M. MUMMA'S ANSWERS TO RESPONDENT M&T BANK'S REQUEST FOR PARTIAL DISPOSITION ON UNDISPUTED ISSUED OF FACT, IN THE NATURE OF A MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS NOW COMES, Respondent, Robert M. Mumma, II, and responds to M&T Bank's Motion for Partial Judgment as follows: 1. Denied that the facts are undisputed and further denied that M&T Bank is a "mere c~ -~. ;~ _._ - stakeholder." ~~ - ~ ' c } ~. ,::. ~--- ~; ,_._ 2. Admitted. _, .. _ r 3 . Admitted. _ ;-,- .. _ _ . ~~ ~_ _ ~~ 4. Denied that there is no dispute over the D-E Distribution account at M&T. l~&T -~~ has only provided a partial account number to identify the account. No information regarding the origination of the account or the resolution and authority for the account has been provided. Further, D-E Distribution was formerly Pennsy Supply, Inc. Admitted. 6. Admitted. 7. Admitted. 8. Denied. M&T as successor to Dauphin Deposit Trust Company is directly involved in the dispute regarding ownership of D-E Distribution and its assets. 9. Denied. M&T Bank is fully aware of the ownership dispute and its participation in the conversion of assets owned by the beneficiaries of the Estate of Walter Mumma to their father Robert M. Mumma and eventually to the Trusts created under his will and controlled by Lisa Morgan. Dauphin Deposit was co-executor of Walter's estate and owed a fiduciary duty to Robert M. Mumma, II and the other beneficiaries. 10. Admitted. 11. Admitted in part. Robert M. Mumma, II disputes ownership of funds contained in the M&T account and the right of Lisa Morgan to transfer those funds. 12. Denied. Robert M Mumma does object because he has asserted that D-E Distribution does not own. the funds. 13. Admitted. 14. Denied. M&T is attempting to avoid the issue of who properly owns the funds in the D-E Distribution account, and M&T's involvement over the last fifty years with the Estate of Walter and Robert Mumma. M&T should not be allowed to release the funds until the rightful ownership of the funds is determined. The Orphans' Court does not have jurisdiction over D-E Distribution or its assets. The proper venue for disputes over the funds in the M&T account is in the County where the account was opened. Dated: December 14, 2011 Respectfully submitted, ~-a c Robert M. Mumma, II VERIFICATION I hereby affirm that any factual statements in the foregoing, AnsH~ers to Respondent M&T Bank's Request for Partial Disposition on Undisputed Issued of'Fczct, in the Nature of a M©tion for Partial Judgment on the ~'leadings is correct. I understand that any false statements are made subject to the penalties prescribed at 18 Pa. C.S. X4904 relating to unsworn falsification to authorities. ~ ~ ~ ,~ ~, Dated: December 14, 2011 ~ -"~J` - Robert M. Mumma, II CERTIFICATE OF SERVICE I hereby certify that on this 14th day of December, 2011, a copy of the foregoing Answers to KespondentM&_T'Bank's Request for Partial Disposition on Undisputed Issued of~Fact, irz the 1Vature of a Motion fir Partial Jr~dgmertt on the 1'leadirags was served upon the persons}, at the address, and in the manner indicated below: SERVICE VIA UNITED STATES MAIL FIRST CLASS POSTAGE PREPAID TO: Thomas A. French, Esquire BROADS & SINON, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 ~-~ - '~ obert M. Mumma. II