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Home My WebLink About01-11-12Thomas A. French, Esquire Attorney ID No. 39305 BROADS 8c 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 ~~. `!'!~ ~ ~ l iJ ~ '` `~('F l1f r- [ I i"~.; . ,~~i ~ n '~r ~:J =^y~ ~ Z :~P~rf I I r r~' f2~ 3 U ~ Vt~IV~~i~~1~ N.~~r~ `h~ rn 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 RESPONDENT M&T BANK'S RESPONSE TO ROBERT M. MUMMA II'S MOTION FOR RECONSIDERATION NOW COMES, Respondent, M&T Bank, by and through its attorneys, Rhoads & Sinon LLP, and files the within Response to Robert M. Mumma, II's Motion for Reconsideration, as follows: 1. On December 13, 2011, this Court issued an Order directing M&T Bank to transfer all funds in the account of DE Distribution Corporation ("DE Distribution"), account number xxxxxxxxxx5251, held at M&T Bank, to DE Distribution's account at Fulton Bank, account number xxxxxx1422. 2. M&T Bank promptly complied this Court's Order and wire transferred the funds to the Fulton Account on December 16, 2011, and a second wire transfer on January 3, 2012 in the amount of $5.33, which represented accrued interest in the M&T Account. A true and correct copy of an Affidavit showing M&T's compliance with the Court's Order is attached hereto as Exhibit "A". 835604.1 3. M&T Bank's compliance with the Court's Order renders moot Robert M. Mumma, II's Motion for Reconsideration as to the relief ordered respecting M&T Bank. WHEREAS, M&T Bank requests that the Court deny the Motion for Reconsideration as moot as it pertains to M&T Bank, and to enter an Order dismissing MBtT Bank from this case. BROADS & SINON LLP By: Tho as A. French One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for M&T Bank -2- Thomas A. French, Esquire Attorney ID No. 39305 BROADS & SINON I.I,P One South Market Square PO Box 1146 Hasristwrg, PA 17108-1146 Telephone: (717) 233-5731 Facsimile: (717) 238-8623 Email: tfrenchQrhoads-ainon.com dnorneyre jor Respondent M&T Bark IN RE: ESTATE OF ROBERT M., MUMMA, Deceased 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DNISION N0.21-86-398 AFFIDAVTT 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 MScT. 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 xxxxxzxxxx5251 (the "DE Distribution - M&T Account"). 2. On December 16, 2011, 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 X86,369.86 to an account held in the name of DE Distribution Corporation at Fulton Bank, account number xxxxxxl422 (the "Fulton Account"). 3. ]n further c~s-pliance with the Court Order,:. on January 3, 2Q12, 55.33, which represented accrued interest in the DB Distribution - MBcT Account was transfiexr+od via wire transfer to the Fulton Account, bringing the balance in the DE Distribution - M&T Account to 50 ~~)• 4. On January 3, ZOY2, X requested a copy of the Hagan record: of the DE Distribution - M&T Account. A cc~y of the screen print of the. Hogan record is attached. at ExhibitiA. 5. I state that this Affidavit is true and correct based upon the Business Records and upon my personal knowledge, information and belief; M8c'f BANK By:, T. Kolt-l.oewer Paralegal M&T Bank OneM&T Plaza,l2s' Floor Buffalo, NY 1421)3 SUBSCRIBED AND SWORN before rae this 6th day ofJanuary,. 2(?12 Notary My commission. expires: rG t'td>rc, tie of tiew rbttc ~- a~713 ~r CERTIFICATE OF SERVICE I hereby certify that on January ~, 2012, a true and correct copy of the foregoing Response to Motion for Reconsideration, 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 Mazket 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 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. Hazbor Circle Stuart, FL 34996-1968 ~ N, Lynne G. Ritter