HomeMy WebLinkAbout99-05452
v
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. q9 - 5'1 S?Z
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST,
Defendant CIVIL ACTION - LAW
NOTICE TO DEPEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint is served, by
entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to
the claims set forth against you. You are warned that, if you
fail to do so, the case may proceed without you and a judgment
may be entered against you by the Court without further notice
for any money claimed in the document or for any other claim or
relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
As provided by Pennsylvania Rules of Civil Procedure No.
1018.1, the following officer is designated to be named in the
Notice to Defend in order to find out where legal help can be
obtained.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
V.
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 5-V S-2- 04,.-,e T+
CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes Plaintiff, Susan R. Mumma, Trustee, Robert M.
Mumma, II Grantor Retained Annuity Trust, by and through her
attorneys, Wix, Wenger & Weidner, and files this Complaint,
stating the following:
1.
2.
3.
4.
Plaintiff is Susan R. Mumma, Trustee, Robert M. Mumma, II
Grantor Retained Annuity Trust, whose current address is 244
North Lewisberry Road, Bowmansdale, PA 17008.
Defendant is Gemini Equipment Company, Inc., n/k/a Gemini
Equipment Business Trust, whose current business address is
Box E, Bowmansdale, PA 17008.
Defendant is the owner of that certain parcel of land which
is fully described on Exhibit A hereto, which is
incorporated herein by reference as if fully set forth
(herein, the "Property").
On or about May 30, 1985, in connection with the granting of
a mortgage, Defendant made, executed and delivered a
promissory note (herein, the "Note") to Colston Nauman
Moore, Spencer Gilbert Nauman, Jr., and Ernest S. Burch,
Trustee under the Will of Gertrude Nauman, Deceased, and
Spencer Gilbert Nauman, Jr., in his own right (herein, the
"Assignors").
5. On or about September 3, 1996, Assignors assigned the Note
to Plaintiff by a written assignment duly executed by
Plaintiff.
6. There has been no further assignment of the Note.
7. Defendant is in default of the Note for failure to make
payments due thereunder.
8. The following amounts are due from Defendant under the Note:
Principal Balance: $563,532.58
Interest from 9/3/96 to
9/2/99 at 10$ per annum: $168,905.39
Per diem Interest: 9/3/99: $ 154.39
5% Attorneys Commission: $ 28.176.63
TOTAL: $760,768.99,
plus per diem interest at the rate of $154.39 from
September 4, 1999 and the costs of this action.
WHEREFORE, Plaintiff respectfully requests that this
Honorable Court enter judgment in favor of Plaintiff and against
Defendant in the amount of $769,768.99, plus per diem interest at
the rate of $154.39, costs of this action, and such other relief
as this Court deems just and appropriate. f
Respectfull/ ?Mbmitted, €
WIX, WEN " ?/WEIDNER
By:
teve R. Williams I.D.#62051
508 N rth Second Street
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Date: Attorneys for Plaintiff
C:\SRN\DOCUMENTS\MUMMA2.CCM-September 3, 1999
EXHIBIT A
ALL THAT CERTAIN tract or parcel of land being situate in Upper
Allen Township, Cumberland County, Pennsylvania, shown as Lot 6 as
described on a Two Lot Subdivision Plan for Gemini Equipment
Business Trust dated April 13, 1999 as prepared by Melham
Associates, PC, recorded in Cumberland County, Plan Book 79, Page
73, more particularly bounded and described as follows, to wit;
BEGINNING at a point on the southern right-of-way line of East
Lisburn Road (S.R. 0114), a 50 foot wide street, said point being
the northwestern corner of Lands N/F Ralph S. Bailey; THENCE along
the western line of said lands South 15 degrees 09 minutes 19
seconds East a distance of 661.60 feet to an iron pin; THENCE
continuing along same, North 62 degrees 16 minutes 10 seconds East
a distance of 837.03 feet to an iron pin; THENCE continuing along
same, South 00 degrees 28 minutes 52 seconds West a distance of
171.16 feet to an iron pin; THENCE through other lands N/F of
Gemini Equipment Company, the following courses and distances South
00 degrees 54 minutes 20 seconds East a distance of 365.72 feet to
a point; 1) THENCE South 66 degrees 12 minutes 37 seconds West a
distance of 513.24 feet to a point; 2) THENCE along a curve to the
right having a radius of 725.00 feet and an arc length of 469.60
feet, said arc being subtended by a chord of South 84 degrees 45
minutes 59 seconds West a distance of 461.44 feet to a point; 3)
THENCE along a curve to the right having a radius of 325.00 feet
and an arc length of 408.24 feet, said arc being subtended by a
chord of North 40 degrees 41 minutes 31 seconds West a distance of
381.93 feet to a point; 4) THENCE North 04 degrees 42 minutes 23
seconds West a distance of 200.74 feet to a point; 5) THENCE along
a curve to the left having a radius of 775.00 feet and an arc
length of 201.57 feet, said arc being subtended by a chord of North
12 degrees 09 minutes 26 seconds West a distance of 201.00 feet to
a point; 6) THENCE North 19 degrees 36 minutes 29 seconds West a
distance of 196.72 feet to a point; 7) THENCE along a curve to the
right having a radius of 25.00 feet and an arc length of 39.27
feet, said arc being subtended by a chord of North 25 degrees 23
minutes 31 seconds East a distance of 35.36 feet to a point, said
point being on the souther right-of-way line of East Lisburn Road
(S.R. 0114); and 8) THENCE along said right-of-way line North 70
degrees 23 minutes 31 seconds East a distance of 392.36 feet to a
point, the PLACE OF BEGINNING.
CONTAINING: 765,2 57.72 feet square feet or 17.570 acres, more or
less.
C:SRH\DOCUMENT MEN M. LEG
VERIFICATION
I, Susan R. Mumma, Trustee, Robert M. Mumma, II Grantor
Retained Annuity Trust, Plaintiff in the foregoing Complaint,
have read the foregoing Complaint and hereby affirm and verify
that it is true and correct to the best of my personal knowledge,
information and belief. I verify that all of the statements made
in the foregoing are true and correct and that false statements
made therein may subject me to the penalties of 18 Pa.C.S.A.
Section 4904, relating to unsworn falsification to authorities.
J(
Susan R. Mumma, Trustee, Robert M.
Mumma, II Grantor Retained Annuity
Trust
DATE: /S?7 CI
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SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
V.
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0ko\- Su\JZ CIVtt_ TC17M
CIVIL ACTION - LAW
PRAECIPE
Pursuant to the Stipulation of Parties attached hereto,
please enter judgment in this case in favor of Plaintiff and
against Defendant in the amount of $760,768.99, plus per diem
interest at the rate of $154.39 and the costs of this action.
Respectful Submitted,
WIX, WE & WEIDNER
By: u
Ste n R. Williams I.D.#62051
508 orth Second Street
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Date: Attorneys for Plaintiff
?j1 1 15?
I
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
V.
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 179 - y&-) S 2. C I V 1 1. 7- 17 M
CIVIL ACTION - LAW
STIPULATION OF PARTIES
AND NOW, come Plaintiff and Defendant, by and through their
respective undersigned counsel, and enter into this Stipulation
of Parties, stating the following:
1. Defendant admits paragraphs 1 - 8 of Plaintiff's Complaint
2.
3
4
filed in this case.
Plaintiff is entitled to a judgment against Defendant in the
amount of $760,768.99, plus per diem interest at the rate of
$154.39 and the costs of this action.
The Cumberland County Prothonotary is hereby authorized and
directed to enter judgment in this case upon Praecipe of
Plaintiff in favor of Plaintiff and against Defendant in the
amount of $760,768.99, plus per diem interest at the rate of
$154.39 and the costs of this action.
The undersigned counsel for Plaintiff and Defendant certify
to this Court that they each have authority to enter into
this Stipulation on behalf of their respective clients.
Respectfully Submitted:
Wix, Wenc j A Weidner Mil
By: By:
508VNorth Second Street
P.O. Box 845
Harrisburg, PA 17101
Attorneys for Plaintiff
Date: qH l t7
erw\dme nts\nvmia.sti-Septenber 3, 1999
130 State Street
Harrisburg, PA 17101
Attorneys for Defend
Date: 07 )? 5
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SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
V.
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ??- j u?s L C \V 11-TE12M
CIVIL ACTION - LAW
ACCEPTANCE OF SERVICE
I, Luther E. Milspaw, Jr., Esquire, hereby accept service of
the Complaint in this case on behalf of the Defendant and certify
that I am authorized to do so.
Respectfully Submitted,
MilspaW &
By:
130 State Street
Harrisburg, PA 1710
(717) 236-0781
Attorneys for Defendant
Date: q)-r)S$
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SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
V.
NO. 99-5452 CIVIL TERM
GEMINI EQUIPMENT COMPANY,
INC., NWa GEMINI EQUIPMENT
BUSINESS TRUST,
Respondent
CIVIL ACTION - LAW
N ORDER
AND NOW, this -M-9 day of v t- , 2000, upon consideration of
the foregoing Petition, it is hereby ORDERED that:
1) a Rule is issued upon Respondent to show cause why the Petitioner is not
entitled to the relief requested;
2) the Respondent shall file an answer to the Petition within twenty (20) days of
service of the Petition on Respondent;
3); an evidentiary hearing on the Petition shall be held on A'LV X )mu'r3/
-- , ?OPO, at i % 4.m. in Courtroom number Cumberland C mty
..lagurthouse; and
?ti . .
r 4)-Petitioner shall serve on Respondent a copy of the Petition and this Order at
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By the Court:
3? R?,S
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Petitioner
V.
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5452 CIVIL TERM
CIVIL ACTION - LAW
AND NOW, comes Petitioner, Susan R. Mumma, Trustee, Robert M. Mumma, II
Grantor Retained Annuity Trust, by and through her attorneys, Wix, Wenger & Weidner,
and files this Petition to Fix Value of Real Estate pursuant to 42 Pa.C.S, § 8103, stating
the following:
1. Petitioner is Susan R. Mumma, Trustee, Robert M. Mumma, II Grantor Retained
Annuity Trust, whose current address is 244 North Lewisberry Road,
2.
3.
4.
Bowmansdale, PA 17008.
Respondent is Gemini Equipment Company, Inc., n/k/a Gemini Equipment
Business Trust, whose current business address is Box E, Bowmansdale, PA
17008.
On September 8, 1999, Petitioner entered judgment in this case against
Respondent for the sum of $760,768.99, plus costs and per diem interest at the
rate of $154.39.
At the same time, Petitioner entered judgment against Respondent for the sum
of $760,768.99, plus costs and per diem interest at the rate of $154.39 in a
related mortgage foreclosure action docketed in this Court to number 99-5453
CIVIL TERM (herein, the "Foreclosure Judgment').
5. This action and the Foreclosure Judgment action relate to that certain parcel of
real estate located in Upper Allen Township, Cumberland County, more
particularly described on Exhibit A hereto, which is incorporated herein by
reference as if fully set forth (herein, the "Real Estate").
6. On December 8, 1999, in execution of the Foreclosure Judgment, Petitioner
caused the sale of the Real Estate by the Cumberland County Sheriff.
7. On the date of the sale, the interest due on the Foreclosure Judgment amounted
to $14,677.05, and the costs due Petitioner amounted to $1,554.68.
8. The Petitioner was the purchaser at the said sale of the Real Estate for the
amount of $1.00.
9. Petitioner knows of no one who is or may be directly or indirectly liable to
Petitioner for the payment of the judgment in this case and the Foreclosure
Judgment other than Respondent.
10. The assessed value of the Real Estate as of June 8, 1999 was $2,203.56.
11. The fair market value of the Real Estate as of the date of the said sale was
$147,520.00.
12. There are no prior liens, costs, taxes or municipal claims that were not
discharged by the sale of the Property. There was no distribution on the sale of
the Real Estate for any such items.
WHEREFORE, Petitioner respectfully requests that this Honorable Court fix the
fair market value of the Real Estate at $147,520.00.
Respectfully
WIX, WEN,(WR & WEIDNER
! Steven R. Williams I.D.#62051
508 North Second Street
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Date: 312-Z)1 Attorneys for Petitioner
0?
F.\SM\5893 (MUMMA)\10470 (GRAT FORECLOSURE)MOCUMENTS\MUMMA FMV PET.doc-March 20, 2000
EXHIBIT A
ALL THAT CERTAIN tract or parcel of land being situate in Upper
Allen Township, Cumberland County, Pennsylvania, shown as Lot 6 as
described on a Two Lot Subdivision Plan for Gemini Equipment
Business Trust dated April 13, 1999 as prepared by Melham
Associates, PC, recorded in Cumberland County, Plan Book 79, Page
73, more particularly bounded and described as follows, to wit;
BEGINNING at a point on the southern right-of-way line of East
Lisburn Road (S.R. 0114), a 50 foot wide street, said point being
the northwestern corner of Lands N/F Ralph S. Bailey; THENCE along
the western line of said lands South 15 degrees 09 minutes 19
seconds East a distance of 661.60 feet to an iron pin; THENCE
continuing along same, North 62 degrees 16 minutes 10 seconds East
a distance of 837.03 feet to an iron pin; THENCE continuing along
same, South 00 degrees 28 minutes 52 seconds West a distance of
171.16 feet to an iron pin; THENCE through other lands N/F of
Gemini Equipment Company, the following courses and distances
South 00 degrees 54 minutes 20 seconds East a distance of 365.72
feet to a point; 1) THENCE South 66 degrees 12 minutes 37 seconds
West a distance of 513.24 feet to a point; 2) THENCE along a curve
to the right having a radius of 725.00 feet and an arc length of
469.60 feet, said arc being subtended by a chord of South 84
degrees 45 minutes 59 seconds West a distance of 461.44 feet to a
point; 3) THENCE along a curve to the right having a radius of
325.00 feet and an arc length of 408.24 feet, said arc being
subtended by a chord of North 40 degrees 41 minutes 31 seconds
West a distance of 381.93 feet to a point; 4) THENCE North 04
degrees 42 minutes 23 seconds West a distance of 200.74 feet to a
point; 5) THENCE along a curve to the left having a radius of
775.00 feet and an arc length of 201.57 feet, said arc being
subtended by a chord of North 12 degrees 09 minutes 26 seconds
West a distance of 201.00 feet to a point; 6) THENCE North 19
degrees 36 minutes 29 seconds West a distance of 196.72 feet to a
point; 7) THENCE along a curve to the right having a radius of
25.00 feet and an arc length of 39.27 feet, said arc being
subtended by a chord of North 25 degrees 23 minutes 31 seconds
East a distance of 35.36 feet to a point, said point being on the
souther right-of-way line of East Lisburn Road (S.R. 0114); and 8)
THENCE along said right-of-way line North 70 degrees 23 minutes 31
seconds East a distance of 392.36 feet to a point, the PLACE OF
BEGINNING.
less.
: 765,257.72 feet square feet or 17.570 acres, more or
CSMDOCUMENT&GEMINIIEG
I, Susan R. Mumma, Trustee, Robert M. Mumma, II Grantor Retained Annuity
Trust, Petitioner in the foregoing Petitioner, have read the foregoing Petition and hereby
affirm and verify that it is true and correct to the best of my personal knowledge,
information and belief. I verify that all of the statements made in the foregoing are true
and correct and that false statements made therein may subject me to the penalties of
18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
Susan R. Mumma, Trustee, Robert M.
Mumma, II Grantor Retained Annuity Trust
Date
SUSAN R. MUMMA, TRUSTEE, IN THE COURT OF COMMON PLEAS OF
ROBERT M. MUMMA, II GRANTOR CUMBERLAND COUNTY, PENNSYLVANIA
RETAINED ANNUITY TRUST,
Petitioner
V.
NO. 99-5452 CIVIL TERM
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST,
Respondent
CIVIL ACTION - LAW
I hereby certify that the foregoing Petition to Fix Fair Value of Real Estate was sent
by first class mail, postage prepaid this day to the following:
Luther E. Milspaw, Jr., Esquire
130 State Street
Harrisburg, PA 17101
(717) 236-!1781
Attorneys for Respondent
Date:
Respectfully Submitted,
WIX, WENGER & WEIDNER
g. JIM, kj
Je ette L. Roberts, Paralegal
50 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Defendant
cl.
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4 2000
I
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v• NO. 99-5452 CIVIL TERM
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST,
Respondent CIVIL ACTION - LAW
ANSWER OF RESPONDENT TO PETITION
TO FIX FAIR VALUE OF REAL ESTATE
AND NOW, comes Respondent, Gemini Equipment Company, Inc.,
n/k/a Gemini Equipment Business Trust, by and through its
counsel, Milspaw & Beshore, and files this Answer, stating the
following:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted.
12. Admitted.
Date
ql N
Respectfully Submitted,
MILSP & ES
By:
Lu her Milsp Jr., Esquire
130 State Street
Harrisburg, PA 17101
(717) 236-0781
Attorneys for Respondent
2
VERIFICATION
I, lU st K ukmi it , Fairgoasr of Respondent
in the foregoing Answer, have read the foregoing Answer and
hereby affirm and verify that it is true and correct to the best
of my personal knowledge, information and belief. I verify that
all of the statements made in the foregoing are true and correct
and that false statements made therein may subject me to the
penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn
falsification to authorities.
7l71?`
Date: MI Ic)(
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Petitioner
V.
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST,
Respondent
. IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5452 CIVIL TERM
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I certify that the foregoing Answer was sent by United
States first class mail, postage prepaid, this day to the
following:
Steven R. Williams, Esquire
Wix, Wenger & Weidner
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
Attorneys for Petitioner
Respectfully Su4tnitted,
By:
Date:" I + C?
der E. Milspaw,lJr., Esquire
130 State Street
Harrisburg, PA 17101
(717) 236-0781
Attorneys for Respondent
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SUSAN R. MUMMA,
TRUSTEE, ROBERT M.
MUMMA, II GRANTOR
RETAINED ANNUITY
TRUST,
Plaintiff
V.
GEMINI EQUIPMENT
COMPANY, INC., n/k/a
GEMINI EQUIPMENT
BUSINESS TRUST,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-5452 CIVIL TERM
AND NOW, this I'A day of June, 2000, upon consideration of the Stipulation of
Parties filed in the above matter on May 31, 2000, the hearing previously scheduled in
this matter for May 31, 2000, is cancelled.
Cl)
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L =' gievcajk Williams, Esq.
900 Nath Second Street
P.0, Box 845
Harrisburg, PA 17101
Attomey for Plaintiff
Luther E. MiIspaw, Jr., Esq.
130 State Street
Harrisburg, PA 17101
Attorney for Defendant
BY THE COURT,
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SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Petitioner
V.
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5452 CIVIL TERM
CIVIL ACTION - LAW
ORDER
AND NOW, this y
?S` ? of MZT, 2000, upon consideration of
Petitioner's Petition to Fix Fair Market Value of Real Estate and the Answer thereto filed
by Respondent, which admits the fair market value of the Real Estate, and the attached
Stipulation of the Parties, it is hereby ORDERED, DECLARED and DECREED that the
fair market value of the Real Estate, as defined in Petitioner's Petition to Fix Fair Market
Value of Real Estate, is set at $147,520.00 as of December 8, 1999, the date of the
foreclosure sale.
By the Court:
, O
J? esley Oler, Jr.
F:1srw\5893 (MUMMA)110470 (GRAT FORECLOSURE)MOCUMENT&FMV ORDER.doc 6?1, . _ '
L -S-o 0
RKS
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Petitioner
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5452 CIVIL TERM
GEMINI EQUIPMENT COMPANY,
INC., n/Wa GEMINI EQUIPMENT
BUSINESS TRUST,
Respondent
CIVIL ACTION - LAW
AND NOW, come Petitioner and Respondent, by and through their respective
undersigned counsel, and enter into this Stipulation of Parties, stating the following:
1. Petitioner filed its Petition to Fix Fair Market Value (the "Petition") in this case on
March 22, 2000.
2. In its Petition, Petitioner alleged that the fair market value of the subject property,
which is unimproved farm land and is more specifically described in the Petition,
and the attached legal description (the "Real Estate"), was $147,520.00 as of the
date of the mortgage foreclosure sale that occurred on December 8, 1999.
3. Respondent filed its answer to the Petition on or about May 12, 2000.
4. In its answer, Respondent admitted all of the paragraphs of the Petition,
including Petitioner's allegation of value.
5. Because there is no dispute between the parties as to the fair market value of
the Real Estate as of the date of the foreclosure sale, Petitioner is entitled to an
Order fixing the fair market value of the Real Estate at $147,520.00.
6. The undersigned counsel for Petitioner and Respondent certify to this Court that
they each have authority to enter into this Stipulation on behalf of their respective
clients.
Respectfully Submitted:
Wix, Wefiger & Weidner
'Steven R. Williams
508 North Second Street
P.O. Box 845
Harrisburg, PA 17101
Attorneys for Petitioner
Date: 016 /'
130 State Street
Harrisburg, PA 17101
Attorneys for Respondent
Date: M t y r
F:\srw\5893 (MOMMA)\10470 (GRAT FORECLOSURE)WOCUMENTS\FMV STIP.dx
ALL THAT CERTAIN tract or parcel of land being situate in Upper
Allen Township, Cumberland County, Pennsylvania, shown as Lot 6 as
described on a Two Lot Subdivision Plan for Gemini Equipment
Business Trust dated April 13, 1999 as prepared by Melham
Associates, PC, recorded in Cumberland County, Plan Book 79, Page
73, more particularly bounded and described as follows, to wit;
BEGINNING at a point on the southern right-of-way line of East
Lisburn Road (S.R. 0114), a 50 foot wide street, said point being
the northwestern corner of Lands N/F Ralph S. Bailey; THENCE along
the western line of said lands South 15 degrees 09 minutes 19
seconds East a distance of 661.60 feet to an iron pin; THENCE
continuing along same, North 62 degrees 16 minutes 10 seconds East
a distance of 837.03 feet to an iron pin; THENCE continuing along
same, South 00 decrees 38 minutes 52 seccnds West a distance of
171,16 feet to an iron pin; THENCE through other lands N/F of
Gemini Equipment Company, the following courses and distances
South 00 degrees 54 minutes 20 seconds East a distance of 365.72
feet to a point; 1) THENCE South 66 degrees 12 minutes 37 seconds
West a distance of 513.24 feet to a point; 2) THENCE along a curve
to the right having a radius of 725.00 feet and an arc length of
469.60 feet, said arc being subtended by a chord of South 84
degrees 45 minutes 59 seconds West a distance of 461.44 feet to a
point; 3) THENCE along a curve to the right having a radius of
325,00 feet and an arc length of 408.24 feet, said arc being
subtended by a chord of North 40 degrees 41 minutes 31 seconds
West a distance of 381.93 feet to a point; 4) THENCE North 04
degrees 42 minutes 23 seconds West a distance of 200.74 feet to a
point; 5) THENCE along a curve to the left having a radius of
775.00 feet and an arc length of 201.57 feet, said arc being
subtended by a chord of North 12 degrees 09 minutes 26 seconds
West a distance of 201.00 feet to a point; 6) THENCE North 19
degrees 36 minutes 29 seconds West a distance of 196.72 feet to a
point; 7) THENCE along a curve to the right having a radius of
25,00 feet and an arc length of 39.27 feet, said arc being
subtended by a chord of North 25 degrees 23 minutes 31 seconds
East a distance of 35.36 feet to a point, said point being on the
souther right-of-way line of East Lisburn Road (S.R. 0114) ; and 8)
THENCE along said right-of-way line North 70 degrees 23 minutes 31
seconds East a distance of 392.36 feet to a point, the PLACE OF
BEGINNING.
CONTAININGi 765,257.72 feet square feet or 17.570 acres, more or
less.
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