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HomeMy WebLinkAbout01-09-12Thomas A. French, Esquire Attorney ID No. 39305 BROADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Telephone: (717) 233-5731 Facsimile: (717) 238-8623 Email: tfrench@rhoads-sinon.com Attorneys for Respondent M&T Bank IN RE: ESTATE OF ROBERT M., IN THE COURT OF COMMON PLEAS OF MUMMA, Deceased :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-86-398 RESPONDENT M&T BANK'S PRAECIPE TO FILE AFFIDAVIT IN COMPLIANCE WITH COURT ORDER, DATED DECEMBER 13, 2011 TO THE PROTHONOTARY: Kindly file the attached Affidavit in compliance with the Court Order dated December 13, 2011. BROADS & SINON LP By: _ Thomas A. French One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for M&T Bank :~ ~. -~-, _ ' ~~ _ ;.,,., , = t_~.. -._, -,<: r _..._. T. 835551.1 /` `'~ 1~ _ I ,` Thomas A. French, Esquire Attorney ID No. 39305 BROADS & SINON LLP One South Market Square PO Box 114b Harrisburg, PA 17108-1 l46 Telephone: (717) 233-5731 Facsimile: (717) 238-8623 Email: tfrench@rhoads-sinon.com Attorneys jo-• Respondent M&T Bnnk IN RE: ESTATE OF ROBERT M., IN THE COURT OF COMMON PLEAS OF MUMMA, Deceased :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.21-86-398 AFFIDAVIT I, Lynn T. Kolt-Loewer, being duly sworn according to law, depose and say as follows: 1. I am a Paralegal employed by M&T Bank ("M&T"). In such capacity and in the ordinary course of business, i am able to obtain certain business records {the "Business Records") of M&T from various records custodians at M&T. These record custodians have access to such Business Records, including records of an account with M&T in the name of DE Distribution Corporation, bearing account number xxxxxxxxxx5251 (the "DE Distribution - M&T Account"}. 2. On December 16, 201 1, pursuant to an Order of the Court of Common Pleas of Cumberland County, Pennsylvania, signed by Judge J. Wesley Oler, Jr. on December 13, 2011 (the "Court Order"), M&T electronically transferred $86,369.86 to an account held in the name of DE Distribution Corporation at Fulton Bank, account number xxxxxx 1422 (the "Fulton Account"). 3. In further compliance with the Court Order, on January 3, 2012, $5.33, which represented accrued interest in the DE Distribution - M&T Accaunt was transferred via wire transfer to the Fulton Account, bringing the balance in the DE Distribution - M&T Account to $0 (zero). 4. On January 3, 2012, I requested a copy of the Hogan record of the DE Distribution - M&T Account. A copy of the screen print of the Hogan record is attached at Exhibit A. 5. I state that this Affidavit is true and correct based upon the Business Records and upon my personal. knowledge, information and belief. M&T BANK By: T. Kolt-Loewer Paralegal M&T Bank One.M&T Plaza, 12th Floor Buffalo, NY 14203 SUBSCRIBED AND SWORN before me this 6th day of January, 2012 P Notary My commission expires: Susan L. lrvin~ Notary Public, State of New York Qualified In Ede County My Commission Expires March 18,~~~ Exhibit A CERTIFICATE OF SERVICE I hereby certify that on January 9, 2012, a true and correct copy of the foregoing Praecipe to File Affidavit in Compliance With Court Order, Dated December 13, 2011, 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 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 ~' Lynne G. Ritter