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ROBERT M. MUMMA, II co
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LeMoyne, PA 17443 GRikof,k)l f rmz7
717-448-1127
pro se _r.
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In the Court of Common Pleas of
IN RE: Cumberland County, Pennsylvania
Estate of Robert M. Mumma, Deceased
No. 21-86-398
Orphans' Court Division
ANSWER. AND NEW MATTER OF ROBERT M. MUMMA II
TO SUPPLEMENTAL PETITION TO SELL REAL ESTATE
Robert M. Mumma II ("Respondent"), son of the decedent, Robert M. Mumma,
Sr., and beneficiary of his estate (captioned above, the "Estate"'), including the Residuary
Trust (the "Trust") referred to in Trustee, Lisa M. Morgan's, Supplemental Petition to
Sell Real Estate (the "Supplemental Petition"), to which Respondent now answers, pro
se, as follows:
Answer
1. Admitted in part; denied in part. It is admitted that the First Petition was
filed and that a copy thereof is attached as Exhibit "A" to the Supplemental Petition. The
referenced allegations of the First Petition are hereby admitted and denied as set forth in
Respondent's previously filed answer to the First Petition ("Answer to First Petition"),
which is hereby incorporated by reference.
2. Admitted in part; denied in part. It is admitted that BT-Newyo, LLC is
the Buyer under the proposed Agreement of Sale ("Agreement"). Respondent further
admits, on information and belief, that BT-Newyo has inquired as to the status of the
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First Petition, but the remaining allegations are denied as, after reasonable investigation,
Respondent lacks sufficient knowledge and information to form a belief concerning the
details of those communications. It is denied that the letter attached as Exhibit "B" is
from BT-Newyo, as it appears on its face to be from UPS. By way of further answer,
Respondent believes and therefore avers that the "new direction" to be considered by
UPS may include leasing the property, instead of buying it, and that a lease may be a
better option for Respondent and the remaining beneficial owners of the property that a
sale.
New Matter
3. Respondent hereby incorporates by reference his previous Answer to First
Petition and all objections to the proposed sale of real estate set forth therein. This New
Matter is without limitation of those previous objections, each of which is asserted here
in response to the Supplemental Petition.
4. As alleged in the Petition, the Trust and the four children of Robert
Mumma, Sr.-being Respondent, Linda Mumma, Barbara Mumma and Lisa Morgan
are the current owners of record of the real estate which is the subject of the First
Petition, including the UPS parcel which is the subject of the Supplemental Petition, as
tenants in common.
5. The rights an obligations of the Trust and Mumma, Sr.'s four children as
tenants in common are defined in an agreement dated December 18, 1986, entitled,
Mumma Realty Associates Agreement of Tenants in Common (the "MRA. Agreement"), j
a copy of which is attached hereto Exhibit "1."
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6. The tenancy in common interests of the Trust and four children are the
result of the liquidations of two corporations, Pennsylvania. Supply Company and Kim
Company, each of which Respondent has contested and continues to contest as unlawful
and invalid. But for these contested liquidations, the Trust could claim no interest as a
tenant in common of the subject real estate. Respondent's objections herein are in
addition to, and without limitation or waiver of those claims of Respondent, which are
asserted elsewhere and are not repeated at length here.
7. Respondent has similarly challenged the validity of the MRA Agreement
attached hereto Exhibit "1," which defines the rights of the tenants in common, if any, in
the same real estate. Respondent's objections herein are similarly in addition to, and
without limitation or waiver of those claims of Respondent, which are asserted elsewhere
and are not repeated at length here.
8. The Supplemental Petition, like the First Petition is, however, premised
entirely on the tenancy in common interests of the Trust and four children in the subject
real estate and those interests are necessarily governed by the terms of the MRA
Agreement.
9. Contrary to the First Petition and Supplemental Petition, there are no such
entities as "MRA I" or "MRA II" and these names, and the assets attributed to them, are
mere contrivances used by the Trustee and her accountants and attorneys, to create the
pretense of an ownership and allocation of assets that do not in fact exist.
10. The real estate that the Trustee seeks to sell is not an asset of the Trust or
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the Estate, and never has been.
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IL The only interest to be claimed by the Trust is an tenancy in common
interest-an undivided interest in the real estate owned in common with each of the four
children, each of whom own their own, undivided interests in the real estate.
12. Based on the foregoing, the Trust owns a mere interest in the real estate,
and not the real estate itself, and this Court accordingly lacks subject matter jurisdiction
to sell or otherwise dispose of the real estate itself.
13. Absent an agreement of the tenants in common to the contrary, the sole
and exclusive remedy for one tenant in common to force co-tenants to sell real estate
owned in common, is a partition action pursuant to Pa. K.C.P. 1551 et seq.
14. In this case, the applicable MRA Agreement expressly precludes a
partition, providing for two alternative remedies for a co-tenant: (i) to offer their tenant in
common interest for sale, after affording other co-tenants a right of first refusal or (ii)
binding arbitration in Dauphin County, in accordance with the American Arbitration
Association Rules.
15. The Trustee's First Petition and this Supplemental Petition are in effect
improper efforts to partition the subject real estate, barred by section 3 of the MRA
Agreement.
16. Alternatively, the dispute among the co-tenants over the sale of the real
estate is subject to mandatory arbitration under section 6 of the MRA Agreement, and is.
17. In addition, and in the alternative, as of the death of Mumma, Sr.'s wife,
Barbara McKimmie ("Kim") Mumma, the all beneficial and equitable interest of the
Trustee expired and the Trustee has since then held bare legal and nominal title subject to 1*
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an absolute obligation to distribute the Trustee's tenancy in common interests, in equal
shares, the four children outright.
18. The Trustee accordingly lacks the authority to sell or dispose of the
Trust's interests, if any, in the subject real estate, other than to distribute it to the
beneficiaries, and any decision to convey any such interest should be left to the
beneficiaries.
Date: December 17, 2012
ROBERT M. MUMMA,11
pro se
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a
CERTIFICATE OF SERVICE
I, Robert M. Mumma, II, hereby certify that a copy of the foregoing Answer and
New Matter to Supplemental Petition to Sell real Estate was served on this date, first
class mail, postage prepaid, to the following:
Jeffrey G. Brooks, Esquire Richard F. Rinaldo, Esquire
Minto Law Group, LLC Williams Coulson Johnson Lloyd
Two Gateway Center Parker & Tedesco, LLC
603 Stanwix Street, Suite 2025 One Gateway Center, 16`t' Floor
Pittsburgh, PA 15222 Pittsburgh, PA 15222
Ms. Linda M. Mumma Joseph D. Buckley, Esquire
P.O. Box 30436 1237 Holly Pike
Bethesda, Maryland 20824 Carlisle, PA 17013
No V. Otto, III, Esquire
George B. Falter, Jr., Esquire
Jennifer L. Spears, Esquire
Tricia D. Eckenroad, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
ROBERT M. MUMMA, II -Paze /Z
DATE: I
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MUMMA REALIX h$SOCIATES,
AGRE MFN~' AMONG TFUNTS-IN-COMMA, t
AGREEMZNT made as of the 19th day of December, 1986
by and among the persons whose signatures appear at the end
s~ of this Agreement, hereinafter sometimes individually called
an "ownerO and collectively the 00wners.0
WHEREAS the Owners own 100& of the real property
f)
which was conveyed into the name of Mumma Realty Associates,
having originally been owned by by Pennsylvania Supply
company, Harrisburg, Pennsylvania, a Pennsylvania _
corporation, by its joint deed of Kim Company and
Pennsylvania Supply Company, Harrisburg, Pennsylvania, dated
December 29, 1986, in connection with the liquidation of said
corporations and recorded as set forth in Annex A hereto
(hereinafter called the "Premises'), as tenants-in-common,
with undivided percentage interests therein presently as set
forth on the signature page hereof, and wish to enter into
this 'Agreement to provide for the management and ultimate
disposition of the Premises and to govern the relationship
among themselves during the period of their joint ownership,
NOW THEREFORE, the owners, in consideration of the
mutual promises expressed herein and each intending to be
legally bound hereby, agree as follows:
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1. A D.Rointmen% of MAnagsr: Authgr &y.
C)
(a) The owners shall select a person (or
persons) to act as agent for the owners in the.management of
the Premises as hereinafter set forth, and such person(s)
-upon acceptance of the terms and conditions of this Agreement
shall become manager hereunder (the "'Manager"'). Any Manager
may resign at any time. Any Manager may be removed by
agreement of the Owners. The initial manager shall be the
corporation having executed the last page hereof, indicating
its acceptance of the terms of this Agreement.
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(b) The Manager shall have the following
duties, rights and authority, for and on behalf of the
owners:
(i) To advertise available space in the
Premises through the use of renting signs, plans, circulars
and other forms of advertising acceptable to the Owners.
(,ii) To rent space now or hereafter
becoming vacant to desirable tenants on terms and conditions
satisfactory to the Owners.
(iii) To collect all rents and other
income payable with respect to the Premises.
(iv) To institute legal actions or
proceedings for the collection of delinquent rents and other
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income from -the Premises and for the dispossession of tenants
or other persons therefrom.
(v) To make or cause to be made all
necessary repairs to the Premises, to purchase all necessary
supplies and materials, and to do all other things necessary
to maintain the Premises in a clean, safe and orderly
condition and to ensure compliance with all federal, state
and local statutes, ordinances, rules and regulations
applicable to the operation of the premises.
f) (vi) To contract for electricity, gas,
fuel oil, water, telephone, window cleaning, pest control and
such other services as shall be necessary and advisable for
the proper operation of the Premises.
(vii) To perform all other services
reasonably necessary for the care, protection, maintenance
and operation of the Premises and the prevention of waste,
damage or injury thereto.
(viii) To hire, discharge and supervise
all persons employed to carry out Manager's duties hereunder,
or to contract with any other entity for the furnishing of
such services. Any employee hired in the management of the
Premises shall be the employee of the Manager and not of the
Owners.
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(ix) T3 prepare and file all forms for
unemployment insurance, withholding taxes, social security
taxes, workmen's compensation and other forms required by
federal, state or municipal authorities in connection with
employees, if any, employed by the Manager in the operation
of the Premises.
(x) To establish and maintain complete
and orderly files containing correspondence, rent records,
payroll records, insurance policies, leases, receipts, unpaid
bills, vouchers and all other documents and papers pertaining
to the Premises and the management and operation thereof, all
of which shall be and remain the property of the Owners and
shall be available to any Owner and his or her
representatives for inspection.
(xi.) To review all bills and statements
received for services; work, supplies and other expenditures
incurred by or on behalf of the owners in connection with the
maintenance, operation and ownership of the Premises and to
pay or cause to be paid in a timely fashion all expenses
authorized hereunder or approved by the Owners.
(xii) To review periodically all hazard,
liability and other insurance carried for the account of the
owners in connection with the Premises and to maintain in
force and effect such insurance coverage as the Manager
reasonably deems necessary to protect the Owners' and the
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Hanager's interests, but not less than sufficient coverage
and limits of liability.
(xiii) To establish and uiaLintain
accurate and complete books of account with proper entries of
all receipts, income and disbursements pertaining to the
premises, which books of account shall be and remain the
property of the Owners and shall be available to any Owner
and his or her representative for inspection, and to prepare
annual financial reports for the owners.
C3 (c) Advances by Manager. Payments to be made
by the Manager at the Owners' expense shall be made out of
funds held by the Manager from time to time for the account
of the Owners or otherwise provided by the owners. The
Manager shall not be obligated.. to make any advance to or for
the account of the Owners or to pay any amount except out of
funds held for or provided by the Owners. If the Manager
voluntarily advances funds for the Owners' account for the
payment of any expense not requiring the owners' prior
approval, the owners shall reimburse the Manager therefor on
demand.
(d) BanjS &gcounts. All monies received by
the Manager for or on behalf of the owners shall be deposited
in a special account to be maintained by the Manager with a
bank approved by the owners. The Manager shall remit to the
owners monthly, on or before the fifteenth day of each month,
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all funds (other than security deposits and other refundable
deposits) held by the Manager for the owners' account and not
applied to the. payment of the owners' expenses as herein
provided, after (i) deduction of any management fee due to
the Manager and (ii) retention in said special account of
such reserves as the Owners may authorize. If security
deposits or other funds are required by law to be held in a
segregated account and are, by law, allowed to be held by the
Manager, such deposits or funds shall be held in a separate
special account at such bank. Monies held by the Manager for
the Owners' account shall in no event be commingled with the
Manager's own funds, if any, or with funds, if any, held by
the Manager for the account of other parties, and all such
funds so held for the Owners' account shall be trust funds in
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the hands of the Manager,
(e) Notwithstanding the foregoing, no Manager
(or owner) on behalf of the owners, without the consent of
the owners, shall have any right or authority implied or
apparent:
(i) to sell or encumber the Premises or
any part thereof or any interest of an Owner therein except
as provided in Section 3 below,
(ii) to remove or demolish any buildings
or other improvements which comprise part of the Premises or
make any exterior alterations or structural interior
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alterations to any improvements unless such be necessary for
clear safety reasons or in order to comply with governmental
requirements.
0 (iii) to take any other action unless
the authority is specifically and expressly set forth herein.
2. Allogatign of Income and AXpenses. Payments
0 hereunder shall be paid to the owners in accordance with
their respective percentage interests in the premises.
The Owners shall advance or cause to be
E) advanced, in accordance with their respective percentage
interests, funds from time to time as may be required to pay
for the maintenance and operation of the Premises, including
> interest and principal on any loans,, real estate taxes,
insurance, repairs, work ordered by public authorities and
for the cost of any improvement thereon. Should any owner
for any reason fail or refuse to advance or cause to be
advanced his or her proper share of funds required, then, at
the option of the other Owners, they shall have the right to
acquire the entire interest of such delinquent owner at fair
market value (defined below) or to charge the delinquent
owner and to recover said sum plus any costs, including
attorney's fees, from such owner (including from future
payments hereunder to which such owner would otherwise be
entitled).
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By execution hereof, each of the Owners hereby
transfers to such Manager his or her respective interest in
all of the receivables, and all other non-real estate assets,
originally held by Pennsylvania Supply Company, Harrisburg,
Pennsylvania and distributed in the aforesaid liquidation
transaction as an advance toward the funds requirement
mentioned in the preceding paragraph.
3. o J►artition:, estr; ctj one on Alienation
Opts n at Death.
(a) No Owner shall seek to have the Premises
f) partitioned.
(b) Except as hereinafter provided in this
section, no owner shall dispose of, sell, transfer, assign,
convey, mortgage, pledge, grant a security interest in,
hypothecate or encumber part or all of his or her undivided
interest in the Premises without the prior consent of the
owners and any such transaction purported to be accomplished
contrary to the provisions hereof shall be absolutely void.
An owner may convey (by way of sale, gift or
otherwise) part or all of such Owner's interest in the
Premises only if he or she first notifies the other owners of
the intention so to proceed and gives the other Owners the
' first right to purchase the portion of the interest of such
Owner in the Premises sought to be conveyed ("offered
Interest") (i) at the purchase price and upon the other terms
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of sale offered or proposed to be offered, or intended to be
C)
accepted by such owner if the proposed conveyance is a sale
to a third party or (ii) the fair market value of the
interest (as defined in this paragraph below) if the proposed
C)
conveyance is a gift (in whole or in part).
Upon-receipt of a notice of intent to transfer and
convey any interest in the Premises (*Transfer Notice") from
an owner ("Offeror"'), the owners receiving same ('OffereesO)
shall have a period of 60 days within which to accept or
reject the same by notice in writing to the Offeror; and
C} failure to give notice of acceptance or rejection shall be
deemed to be a rejection of the offer reflected by the
Transfer Notice. In the case where the price to be paid for
the interest is the fair market value thereof, the Transfer
Notice shall be accompanied by a written appraisal thereof
dated within 90 days of the date of the Transfer Notice,
prepared by a person who is a duly qualified appraiser doing
business in the area of the Premises,
if the Offereas receive a Transfer Notice
accompanied'by an appraisal and wish to accept the offer but
are not satisfied with the purchase price which would be
required to be paid based on such appraisal, the offerees may
conditionally accept the offer contingent upon obtaining a
satisfactory alternate appraisal to be provided by the
Offerees to the offeror within 43 days after the offerees
msg..
conditionally have accepted the offer reflected in the
Transfer Notice; and if the offerees do so submit an
alternate appraisal within such 45-day period (by a duly
qualified appraiser doing business in the area) the purchase
price to be paid by the Offerees shall be the average of the
two appraisals, provided the higher appraisal is not greater
than 110% of the lower appraisal. If the higher appraisal is
more than 10% higher than the lower appraisal, the two
appraisers shall promptly select a third appraiser, and the
fair market value shall be the average of the two-appraisals
closest in value. If the Offeress do not submit an alternate
appraisal within such 45-day period, the offerees shall be
deemed to have revoked the acceptance of the offer stated in
the Transfer Notice unless the offerees within such 45-day
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period give notice to the Offeror in writing that the
offerees are prepared to purchase the interest in the
Premises on the basis stated in the Transfer Notice and at
the purchase price determined from the appraisal which
accompanied it.
Within 90 days of the offerees' acceptance (whether
conditional or unconditional) of an offer reflected in a
Transfer Notice (or if further appraisals are involved and
the fair market value to be established thereby has not been
resolved within such 90-day period, then within 15 days
following the -determination of such value and the resultant
purchase price), the sale of the interest in the premises
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shall be consummated. At such time the interest in the
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Premises shall be transferred and conveyed to the'Offerees by
deed in form satisfactory to the Offerees' counsel or title
insurer, and the purchase price shall be paid by the Offerees
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-an condition that the title and interest being transferred is
free and clear of all liens, encumbrances, easements and
other matters affecting title (other than those which
j affected title upon the acquisition of title by the owners or
those agreed to by the owners) except those acceptable to the
offerees and that the interest is so insurable at regular
0 rates by a title company approved by the Offerees, as good
and marketable, at the expense of the Offerses. Realty
transfer taxes and other charges and expenses as are
customarily apportioned and adjusted between seller and buyer
shall be apportioned and adjusted between the parties as of
the date of closing.
If the other owners do not exercise their option
within the time provided the offered Interest, the Offeror
may convey such interest as proposed in the Transfer Notice,
if the person(s) to whom such interest is proposed to be
transferred agrees in writing to be subject to all of the
terms of this Agreement with the same force and effect as if
such person(s) had owned such interest at the time of the
execution of this Agreement and had signed this Agreement as
an Owner.
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(d) Upon the death of an owner, the other
n Owners shall have the right to
purchase the entire interest
of the deceased Owner in the Premises for fair market value
(as defined below) within six months of the death of such
deceased owner.
4. AatiQn by o . General, overall management
of the Premises and of all matters arising out of or in
connection with the Premises, including a sale or mortgage of
the entire Premises or any part thereof, shall be vested in
the owners Jointly and each Owner shall abide by the policies
C) and decisions in respect thereof. Any agreement, approval,
decision, consent, request or other action of the Owners
hereunder shall be by majority (in interest) vote and in
writing unless otherwise indicated.
5. Liability1 Indemnity. No Owner (or Manager,
if he or she is also an Owner) shall be liable to any other
owner for any mistake of judgment or other action taken or
omitted in good faith. Any Owner who breaches this Agreement
shall indemnify, and hold every other Owner harmless from any
claim, cost, expense, loss or liability incurred by reason of
such Owner's breach of this Agreement.
6. &rpitr ion. If there is any dispute with
1
respect to the premises or any other matter concerning the
Premises or the proper relationships and obligations among
the owners as co-tenants or parties to this Agreement, such
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dispute at the option of any owner shall be conclusively
resolved by arbitration before a single arbitrator in Dauphin
County, Pennsylvania in accordance with the rules of the
American Arbitration Association. The decision resulting
n from the arbitration shall be binding on all the Owners with
no rights of appeal to a court or any other tribunal, and any
owner may enforce the decision of the arbitrator in a court
of competent jurisdiction.
7. aUdgments.
C) (a) In the event a judgment is entered
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against an Owner which purports to be a lien against the
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Premises or such Owner's interest therein, he or she will
immediately satisfy the judgment or enter a bond in
sufficient amount or take such other action as is necessary
to preclude execution on said judgment against the Premises.
Any such action taken by owner shall be solely for the
benefit of the other owners, and shall not affect any rights
or remedies which such owner may have against the person
holding such judgment.
(b) Notwithstanding the foregoing, in the
event that execution on such judgment is not thus precluded
within 30 days of the judgment having been entered or on the
commencement of any action regarding execution on the
judgment, whichever is earlier, then the other owners have
the right to band or satisfy the judgment and obtain
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forthwith from the party against whom the judgment was
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entered without prejudice to any Owner's right to contest the
judgment a deed for such party's undivided interest in the
Premises in exchange for which such other Omere shall pay
n the fair market value of such interest] and any amount paid
to satisfy the judgment plus legal expenses and all costs
incident thereto shall be credited against such amount.
8. Termination. This Agreement shall terminate
on the sale or other disposition of all of the Premises and
the distribution to the Owners of all of the net proceeds
C) thereof, or at such other time as the owners may agree.
9. Binding Effectl Effect an Transferee. This
Agreement contains the entire understanding among the owners
with respect to the Premises and may not be changed or
modified orally. This Agreement shall inure to the benefit
of and shall be binding upon the heirs, personal
representatives and permitted assigns of the Owners.
Whenever any person acquires any interest in the Premises
upon the death of an Owner or otherwise, other than pursuant
to a sale, lease, pledge or other disposition of the interest
of all Owners in a tract or parcel constituting a part of the
Premises, such interest so acquired shall be subject to all
of the terms of this Agreement with the same force and effect
as if such person had owned such interest at the time of the
execution of this Agreement and had signed this Agreement as
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an Owner. However, this Agreement shall not be recorded by
any Owner without the consent of the owners.
la. Fair fir.. e& Value o An rntgrgst3 options.
For purposes of this Agreement:
(a) The fair market value of an Ownerts
interest in the Premises or any part thereof shall equal the
0
percentage of the fair market value of the entire Premises or
such part thereof corresponding to his percentage interest
therein. The fair market value of the Premises or such part
thereof shall be as the parties to the pertinent transaction
may agree. If such parties cannot agree on such value, the
fair market value of the Promises or such part thereof shall
be determined by a qualified appraiser selected by such
parties, or if such parties cannot agree on are appraiser, by
a qualified appraiser selected by the then Chairman of the
Personal Law Section of the law firm of Morgan, Lewis &
Sockius. The fair market value fixed by such appraiser shall
be final and binding on all parties. The fees and expenses
of an appraisal shall be divided equally among all parties
' involved in the transaction (without regard to their
percentage interests).
(b) An option exercisable by more than one
owner shall be exercised, by the Owners who choose to
participate, in the proportion their respective percentage
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interests in the Premises at the time of the exercise of the
option bears to the percentage interests of all Owners who
choose to participate, unless they otherwise agree.
11. P.xpcuution of Carve-Out Aareements. Each Owner
shall, promptly following the request of a majority (in
interest) of the Owners, execute an agreement among the
owners, in substantially the form of this Agreement, with
respect to any one or more tracts or parcels constituting a
part of the Premises, and such amendments to this Agreement
as shall be necessary to cause the parties' agreements with
t~ respect to such tracts or parcels to be governed by such
replacement agreement and not by this Agreement.
12. Nr~~artngrshiu. The parties do not intend to
t)
create hereby any partnership or joint venture between
themselves with respect to the Premises or any other matter.
This Agreement is solely for the benefit of the Owners and
shall not affect any rights or remedies of other parties with
respect to any owner or the Premises.
13, Notice. All notices or other communications
required under or relating to this Agreement shall be
effective only if in writing, and shall be personally
delivered or transmitted by telegram or-telex, or shall be
nailed United States registered or certified mail, return
receipt requested, postage prepaid, to the other respective
party at his or her address below set forth, or at such other
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address as such other party shall designate by notice, and
shall be effective when delivered to such address. Any -
official V.S. Postal Service delivery receipt shall
constitute conclusive proof of such delivery.
14. EIrther Assurances. Each owner shall,
promptly following the request of the owners from time to
time execute, acknowledge, deliver and record or file such
further documents or instruments and do such further acts as
may be necessary or desirable to carry out more effectively
the purposes of this Agreement or to protect the rights and
interests of the Owners against third parties, and pay any
costs personally incurred in connection therewith. If any
owner shall refuse or otherwise fail to execute any deed or
> other instrument necessary or desirable to carry out any of
the purposes under this Agreement or to effectuate a decision
of the Owners thereunder with respect to the Premises, or any
part thereof, the other owners shall be entitled to specific
performance of the obligation to execute such deed or other
instrument together with all costs of the proceeding in which
such specific performance is obtained and reasonable counsel
fees expended therefor. As further assurance of the
foregoing obligation, each owner hereby names each Of the
other owners, with full power of substitution, as his, her,
or its attorney-in-fact coupled with an interest to execute
any such deed or other instrument to carry out any of the
` purposes of this agreement or to effectuate a decision of the
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owners thereunder, in the name of and on behalf of such
refusing or otherwise failing Owner. To facilitate the
recording of any such deed or other instrument, each of the
owners has executed and delivered to the Manager, as escrow
r~ agent, a power of attorney in recordable form with respect to.
the Premises conveyed into the names of the Owners and
contemplated by this Agreement.
15. G2%erning Law. This Agreement and all issues
arising hereunder shall be governed by the laws of the
Commonwealth of Pennsylvania.
c>
IN WITNESS WHEREOF the parties hereto have caused
these presents to be duly signed and sealed the day and year
first above written.
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Percentage jnterest
Tisa'M. Morgan, E2xe rix )
Estate of Robert M. Mumma )
1065 Tilghman Court )
Wayne, PA 19087 )
98.08612%
Barbara McK.•Mumma, ixecutrix )
C; Estate of Robert M. Mumma )
P.O. Bast 3331
Harrisburg, PA 17105
UAI kL~WWU/1-0
Robert M. Mumma II 0.47847°
RD #1 Box 58
Bomansdale, PA 17008
Barbara M. McClure 0.47847*
i? 129 S. Lewisberry Road
Mechanicsburg, PA 17005
Lin a-M. Roth 0.47847%
16216 Pepperview Court
Chesterfield, MO 63017
Ma M. Morgan,,' Individually 0.47$47%
1065 Tilghman court
Wayne, PA 1Sr087 100.00000%
1 -19-
A t
n
Mumma Realty Associates, Inc., a Pennsylvania
corporation, Manager under the foregoing Agreement Among
Tenants-Ins-common, hereby accepts, and intending to be
legally bound, agrees to act on behalf of the Owners in
accordance with the terms and conditions of such Agreement.
MUMMA REALTY ASSOCIATES, INC.
By:
President.
Attest:
Secretary
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