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David A. Mills, Esquire PA 37192 `-.;_, �, ��;
BLAKEY, YOST, BUPP &RAUSCH, LLP � -' �'s'� �.��
17 East Market Street �'
York, PA 17401
(717) 845-3674
Attornevs foY Petitioner Randv L. Cramer
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
��: : No. 21-08-0544
ESTATE OF JL7NE K. OTTO :
Late of South Middleton Township, :
Deceased :
PETITION OF RANDY L. CRAMER
TO COMPEL CO-EXECUTORS TO FILE ACCOUNT
AND NOW, this 25`" day of July, 2014, comes the Petitioner, Randy L. Cramer, by
counsel, David A. Mills, Esquire of Blakey, Yost, Bupp & Rausch, LLP and files this Petition to
Compel Co-Executors of the Estate of June K. Otto, deceased, to file an Account, pursuant to the
Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. § 3501.1, as follows:
1. Petitioner is Randy L. Cramer, of 170 Red Tank Road, Boiling Springs,
Cumberland County, Pennsylvania 17007.
2. Respondents are Edwin R. Otto and Patrick K. Myers, Co-Executors of the Last
Will and Testament, of June K. Otto, deceased, dated May 11, 2007.
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3. Decedent, June K. Otto, died on May 2, 2008.
4. Prior to death, Decedent entered into an Agreement of Sale, dated, Apri128, 2007,
which Agreement states in pertinent part:
1. The Property to be Sold. Otto agrees to sell to Cramer, and
Cramer agrees to purchase from Otto, all the real property, with farm buildings
thereupon, which Otto now owns on the south side of Route 174 in the County of
Cumberland, Township of South Middleton, Commonwealth of PA, and which is
currently part of the premises known as 331 Old East Yark Road, Carlisle, PA.
This parcel of land it is to subdivided (sic) from the remainder of 331 Old East
York Road, Carlisle, PA at a later date, and is comprised of approximately 35
acres, more or less (to be called"the Southern Tract").
See, Exhibit 1, AGREEMENT OF SALE, attached hereto and made a part hereof.
5. Prior to death, Decedent recorded a Memorandum of Agreement, dated,
December 12, 2007, in the office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania on December 19, 2007 at Instrument Number 200746748. See, Exhibit 2,
MEMORANDUM OF AGREEMENT, attached hereto and made a part hereof
6. On May 16, 2008, Respondents, Edwin R. Otto and Patrick K. Myers, filed a
Petition for Probate and Grant of Letters with the Register of Wills in and for Cumberland
County, Pennsylvania, who granted Letters Testamentary to them.
7. Item 2 of the aforesaid Last Will and Testament, of June K. Otto, deceased, dated
May 11, 2007, provides in pertinent part, as follows:
(b) All of the remainder of my real estate which I may own
which is located in South Middleton Township, Cumberland County,
Pennsylvania, and which lies South of the southern line of East Old York Road,
known as Pennsylvania Route No. 174, and which contains approximately 35
acres, I direct shall be transferred to my faithful friend RANDY L.CRAMER, his
heirs and assigns, of 170 Red Tank Road, Boiling Springs, PA 17007, agreeable
to the Agreement of Sale into which I entered with him on April 28, 2007, in
which Agreement I agreed to convey the same to him for a consideration of$1.00
which he paid to me upon the execution of the Agreement of Sale. This
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Agreement of Sale was entered into by me with Randy L. Cramer in appreciation
of the many kindnesses and help which he has extended to me over a period of a
number of years.
See, Exhibit 3, Last Will and Testament, dated, May 11, 2007, attached hereto.
8. On December 20, 2012, South Middleton Township Board of Supervisors granted
approval to a Final/Minor Subdivision of a 132 acre parcel in the name of June K. Otto, as
follows:
... One parcel will be approximately 94 acres (north of Rt. 174) &the other parcel
is approximately 38 acres (south of Rt. 174). ...
See, Exhibit 4, Minutes, South Middleton Township Board of Supervisors, page 2, attached
hereto.
9. On June 24, 2013, after repeated extensions, Respondents, Edwin R. Otto and
Patrick K. Myers, filed a Pennsylvania lnheritance Tax return and paid tax.
10. On September 16, 2013, the Pennsylvania Department of Revenue issued its
Notice of Appraisement, Allowance or Disallowance of Deductions, and Assessment of Tax.
11. On February 21, 2014, counsel for Petitioner wrote to Douglas Miller, Esquire,
counsel for Respondents, Edwin R. Otto and Patrick K. Myers, to ask him to "outline the open
items that your client claims need to be addressed before Mr. Cramer can receive his deed. We
would like to have this issue resolved by the springtime." See, Exhibit 5, attached hereto.
12. On April 22, 2014, Respondents, Edwin R. Otto and Patrick K. Myers, filed a
Status Report, stating the administration is incomplete.
13. Springtime ended on June 20, 2014 and still there has been no response to the
Petitioner's request for either an outline of the issues that need to be addressed nor a deed to the
property that was subdivided on December 20, 2012.
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14. The Probate, Estate and Fiduciaries Code provides for an account, as follows:
§ 3501.1. Accounting by personal representative
A personal representative may file his account at any time after four months from
the first complete advertisement of the original grant of letters, but shall not file it
earlier unless directed to do so by the court. A personal representative may be
cited to file an account at any time after the expiration of six months from the first
complete advertisement of the original grant of letters. A personal representative
may be directed by the court to file an account of his administration at any time.
Act of 1974, Dec. 10, P.L. 867, No. 293, § 7 (Accounts and Distribution).
15. It is not known when Respondents, Edwin R. Otto and Patrick Myers advertised
the grant of letters to start the six month time frame to pass from the first full advertisement of
the original grant of letters.
16. Respondent, Edwin R. Otto, and Respondent, Patrick K. Myers, have not filed an
Account of the administration as Personal Representatives.
17. On July 23, 2014, David A. Mills, Esquire, counsel for Petitioner, sought
concurrence of Douglas G. Miller, Esquire, counsel for Respondent, Edwin R. Otto, and
Respondent, Patrick K. Myers, Co-Executors of the Estate of June K. Otto, deceased, and left a
message on voice mail, seeking concurrence in the Petition, or opposition thereto, pursuant to
Local Rule.
18. As of July 25, 2014, David A. Mills, Esquire, counsel for Petitioner, had received
no response from Douglas G. Miller, Esquire, counsel for Respondent, Edwin R. Otto, and
Respondent, Patrick K. Myers, Co-Executors of the Estate of June K. Otto, deceased.
WHEREFORE, Petitioner, Randy L. Cramer, requests this honorable Court to enter an
Order citing and/or directing Respondent, Edwin R. Otto, and Respondent, Patrick K. Myers,
Co-Executors of the Estate of June K. Otto, deceased, to file an Account of the administration of
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the Estate of June K. Otto, deceased, on or before the next Last Day for Filing Accounts for the
Call of the Audit on Confirmation of Accounts, ar face sanctions upon further motion.
Respectfully,
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BL YOST, BU? &RAUSCH, LLP
Dated: � -" o��`f y: --�
avi . Mills, Esq ire PA 37192
17 East Market Street
York, Pennsylvania 17401
(717) 845-3674
Attorneys for Petitioner, Randy L. Cramer
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AGREEMENT OF SALE
THIS AGREEMENT, comprised of two pages, is entered into this 28 day of Apri12007,
by and between NNE K. OTTO,now of 331 Old East York Road, Carlisle, PA, hereinafter
referred to as "Otto", and RANDY L. CRAMER, now of 170 Red Tank Road, Boiling Springs,
PA, hereinafter referred to as "Cramer".
1. The Property to be Sold. Otto agrees to sell to Cramer, and Cramer agrees to
purchase from Otto, all the real property,with farm buildings thereupon,which Otto now owns
on the south side of Route 174 in the County of Cumberland, Township of South Middleton,
Commonwealth of PA, and which is currently part of the premises known as 331 Old East York
Road, Carlisle, PA. This parcel of land it is to subdivided from the remainder of 331 Old East
York Road, Carlisle, PA at a later date, and is comprised of approximately 35 acres,more or less
(to be called "the Southern Tract").
2. Purchase Price. The total purchase price to be paid by Cramer to Otto for the
Southern Tract shall be One Dollar and OO/100 ($1.00),which Cramer will pay to Otto at the
time this Agreement is signed by Otto and which Otto acknowledges receiving.
3. Si�ung of Deed. After the subdivision is completed creating the Southern Tract,
Otto agrees to sign a deed transferring the Southern Tract to Cramer,which deed will be held by
Otto's counsel, Robert Frey, Esquire.
4. Transfer of Deed. The deed for the Southern Tract will be transferred to Cramer
within 30 days of Otto's death.
5. Transfer Tax. Cramer will pay the entire cost of any transfer taxes due upon the
transfer of the Southern Tract.
6. Recordin�. The parties agree that this agreement can be recorded in the Office
of the Recorder of Deeds of and for Cumberland County.
7. Attached to Last Will and Testament. Otto agrees to have a copy of the agreement
attached to her Last Will and Testament.
8. Successors and Heirs. This agreement is binding on the parties' successors and
heirs as if they were the original signers hereof and parties will have the right to enforce this
agreement against the other parties successors and heirs using all available remedies at law.
Q PETITIONER'S
(THIS SPACE INTENTIONALLY LEFT BLANK) � EXHIBIT
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IN WITNESS WHEREOF, and intending to be legally bound,the parties, for themselves,
their successors and heirs, have signed this Agreement on the date and year first above written:
WITNESS:
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J . TTO
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RANDY RAMER
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331 East Old York Road
Carlisle,PA
MEMORANDUM OF AGREEMENT
And now this_�Day of December, 2007,
WHEREAS,June K. Otto is the record owner of property known an.d numbered at 331
East Old York Road, Carlisle, Cumbexland County,Pennsylvania.
WHEREAS, June K. Otto has entered into an agreement for sale with Randy L. Cramer
dated April 28,2007 for portions of property known and numbered as 331 East Old Yark Road,
Carlisle,PA, comprised of approximately 45 acres and being all the property of 7une K. Otto on
the south side of Route 174.
WHEREAS, the parties wish to record this memorandum of agreement in the chain of
title to 331 East Old York Road.
NOW THEREFORE, intending to be legally bound,the parties agree as follows:
1. This memorandum shall be recorded in the office of the Recorder of Deeds of
for Cumberland County,Pennsylvania in the chain of title to the propet-ty of June K. Otto known
and numbered as 331 East Old York Road, Carlisle,PA.
2. In the event that Randy L. Cramer does not purchase the property as aforesaid,he
will file the necessary documents, at his sole cost and expense,with the Recorder of Deeds to
void this Memorandum of Agreement of Sale.
3. This obligation will run with the land and be binding on the heirs and assi�ns
the parties.
a PETITIONER'S
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IN WITNESS OF WHEREOF, the parties, for themselves,their successors and heirs,
have signed this Agreement on the date and year first above written:
WITNESS:
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} E K. OTTO
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} RANDY . CRAMER
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this the�day of � , 2007,before me the undersigned officer,
personally appeared June K. �tto, know to me(or satisfactorily proven)to be the person whose
name is suhscribed to the within instrument and acknowledged that he/she executed the same for
the purpose therein contained.
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Notary Public
My Commission Expires:
COMMONWEALTH O�'PENNSYLVANIA . ��
� CM�ARIlME!►IiMMOl�
COUNTY OF CUMBERLAND • �►�
cKtt�t,��.�
My Comm�aton Exp�ra�Z8��Q11
On this the�day of e� �. �t�'",2007,before me the undersigned officer,
personally appeared Randy L. Cramer,known to me{or satisfactorily proven}to be the person
whose name is subscribed to the within instrunnent and acknowledged that he/she executed the
same for the purpose therein contained.
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Notary Public
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,s•''�C"' dcy�J
� t�/Iy Comxnission Expires:
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CHARLEN�A MAHONEY
r • - Notary Publlc
CARitSLE BOROUGH,CUAABERWVDCpUN1Y
� - � My Commission SxpUes Jan 2S,2011
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Prepared by:
John J. Baranski, Esquire
BLAKEY,YOST, BUPP &RAUSCH,LLP
17 East Market Street
York, PA 17401. �
(717) 845-3674
Please return to the above after recording
ROBERT P. ZIEGLER
RECORDER OF DEEDS ;, ��.,�
CUMBERLAND COUNTY ' �� ���'`�v�� ,a
1 COURTHOUSE SQUARE ' '�- - .�- � `'� �`ry ;�� �
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CARLISLE PA 17013 = � > ���
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717-240-6370 � _ :; i�� � �. ° �
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Instrument Nurr�ber-200746748
Recorded On 12/19/2007 At 11:41:12 AM X Total Pages-4
x Instrument Type-MEMOR.ANDUM
Invoice Number-11060 User ID-KW
X Grantor-OTTO,JTJNE K
x Grantee-OTTO,JUNE K
*Cnstomer-BLAKEY YOST BUPP&RAUSCH
X FEES
STATE WAIT TAX So.5o Certification Page
RECORDING FEES — $11.50
RECORDER OF DEEDS DO NOT DETACH
COUNTY ARCHIVES FEE $2.00
RoD �xcxzvES FEE $s.oo This page is now part
TOTAL PAID $17.00
of this legal document.
I Certify this to be recorded
in Cumberland County PA
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�� RECORDER O D EDS
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''�-Information denoted by an asterisk may change during
the verification process and may not be reflected on this page,
OOOD06
III Illllllllll I IIIlIII I II I!
LAST WILL AIVD TLSTAMLNT
OF
JUNG K.OT'�'O
1,.TUNE K.O'�'TO,wido�+',of South Middleton Township(mailing address: 331 East Old
York Road, Carlislc, Pennsy)�ania 17013), Cumberland County, Pennsvlvania, being ot sound
and disposing mind,m.emory and understanding,do hereby make,publish and declare this as and
for my Last Wil]and"Cesrament hereby revokin�and making��oid any and all�✓ills by me at any
time hcrctofore made.
1. I dircct iny hereinafter-nained personal represencati�e to pay nll of my just debts and
funeral expenses as soon after my delth as may be found convenieat to do so. I direct that my
funerai cervices Ue conducted by Hollinger Funeral Iaome,h1t.Iiolly Springs,Pennsylvania.���d
that my body be intcrred besidc that of my husband,Ray E.Otto,on our burial lof io Mt.Holl}�
Spriugs Cemetery. I direct that all inheritance,transfcr and estate taxes,including interest and
penalt.ies diereon,wl�ich may be payable on account of my death shall be paid from the residue
of my escate regardless of whetl�er the a,vset upon whicli any sud�tax is based is a part of my
probate estate.
2. If at die time of my death 1 am etill ll�c owner of the farm ott which I live,includi.ng
any abuttin� cracts of land, or any portions thereof, located iu Soutli Middleton To�+��ship,
Cumberland County,Pennsyl�ania,I give.devise and bcquealh as foliows:
(a') The house and approximately five f5)acres of IanA,known as 331 E�.St Old Xork
Road,indttding all of Ylie household goods and furnishiixgs locatcd in the housc at the time of mv
death. to my hereinafter named Tnistee, for the beneFit of my two grnndchitc3ren PHitIP C.
PACE and LFAH K.PAC6 Zs par[of the Trust liereinafter provided for�hcm-
(b) AJI of the remainder of my real estate 4vhicb I may owu WI»ch is located in South
Middleton Township, Cumberland Count)-,Pennsylvania, and which lies South of the southern
line of East Old York Rqad, known as Pennsylvania Route No. 174, and which contains
appmximately 35 acres,I direct shall be transfeered to my faithful friend Rr1NDY L.CRANIER.
his heirs and assigns, of 17Q Red Tanlc Road. Boiling 5prin;s, PA L7007. aea'eeable to the
Ahreement of Sale into which T enlered with l�im on April 2S, 2007, in which Agrecment 1
agreed to convey the same to l�im for a considcrarion oF$1.00 which he paid to me upon the
execution of the Agreement of Sale. Tl�is Agreement of 5ale was entered inro by me will�Randy
L.Cramer in appreciation of the many kindnesses tnd hclp whicli he has extended to me over a
period of a number of years.
�. 1 give and bequeath hhe sum of T�vo Thousand Pive 1-[undred(52,500.00) Dollars to
my daughter 1ANICF TC PACE,her heirs and assi,gn.s,in this modest amount,noc because of any
want of affection for her,but because she has already received from me the bulk of what I Want
her to have, but shouid she faii to survive me then die same shail lapsc and be addcd to che
residue of my estate.
4. I give and bequeath the sum of Two Thousand Five I-lundred ($2,SQ0.00) D�llacs to
my son-in-law GFEG L. PACL his heirs and assi�ns,but should he fail to survive me then thc
same shall lapse and be added to tbe residue of my eslate.
5. 1 give and bequeath the sum of Ten Thousand(9�10,000.00)Dollars to each grandchild
of mine,liis or her heirs and assigns,provided each grandchild sliall survivc me by a period of
ninery(90)days,but should any grandchild fail to so survive me.then d�c share sucl�granddiild
,��outd havc recei�ed shail pass to such of liis or her issue,fheir heirs and ass��ns,as shall survive
tne by a period of ninety(90)days,pet stirpes,and if[Uere be no such issue the same sl�all lapse
and be included in the residue of my estate. At the precent cime I have the followin�
grandchildren: PHILIP C.PACE�vho was born Iuly 11, J 985,LL-AH KATHLEEN PACE,who
was born D4ay 16, 198R, both of���huci� are tl�e children of my daugl�ter Janicc IC. Pace;`V`'�
Si-IANNON THFRESSA OTTO,who���as born D4ay 3, 1987. 2nd KbVIN RI�Y OTTO,
was bom April 23, 1991,��ho are tl�e twe children of n1y son,EdWin R.Otto.
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G. A❑ of tl�e rest, residue and remainder of my estate, rcal, personal and mixecl, and
K�heresoever thc same may be situate,I give,devise and bequeath as follows:
(a) One-half(l/2)to my son,Edwin R.Otto,bis hcirs and assigns,provided hc shall
curvive me by a period of nincty(90)days,but sho�ild he fail to so survive me then io such of his
issoe as sliall survive me by a period of ninery(90)days,their heirs and assigns,per stirpes.
(b) Tl�e other One-h11f(1!2) lhereof, i give, de��isc and bcqueath [o my hereinafter
named Trustee and his successors,in Tiust fa'the Uenejit of my two�randchildren,PHILIP C.
PACE and LL-AH K.pACE,including ll�e real estate hereinbcfore mcntioned of my 6ouse and
its furnishings located on approximately five (5) acres of land, as hereinbefore provided, to
receive and to invest the same and to pay the income arisino therefrom at least annuslly to or for
� the benefit of said cwo grandchildren so long as thcy shall live,tlte income to bc applied first to
the taxes and insurance payablc in connection with my said residence at 331 F_ast Old Y'ork
2oad, plus maintenance and repairs of the same, and plus all charges or expenses for utility
serviccs induding eleccricity and television cable,and any otl�er services to the prcmises, with
any income in excess of that reqnired for said purposes to be paid,at lcast annually,one-half to
each of them, provided my gi'andson, Philip C. Pace shall Ue gainCully employed at least 20
hours per week, and if not chen na cash shall 6c distributed to him, but that which would
otherwisc have been distribuled to him shall be paid to liis sister Leah K.Pacc.
Upon tl�e death of my grandson.PL-IiLIP C.PACE,I direct tbat tlie assets of thc above
Vust from which he w�s receiving the income shall be paid to his legitimate issue surviving him.
but if dlere bc no such issue then the same shall be added to the share of tl�e�bove trust From
which my granddaugliter, LEAK K. PACE is rcceiviu; the incoine. Upon the death of my
granddaughter LEA�I K.PACf,the portion of the above trust from which she w1s receivin;the
iacome shall be paid ta her then living legitimate issue,per stirpes,and if dlere be no such then
living issue then the same shall be aclded to the share from wliich my grandsoi�. PT-IILIP C.
PACE is recciving the income. Should both of my said grandchildren die wilhout leaviug any
lecitimate issue surviving either of them,then upon both of fhem becoming deceased the assets
of rhe abo��e trust sliall be paid to my son,EDWIN R.OTTO,his licirs and assigns,per stirpes.
Tlac meaning of "Legit�mate Issue" A; used in chis Last \�'ill aad Testam°rt shall be
limited to a cliild or children born ro a female descendent of Testatrix re�ardless ef��hetlier the
mother is married to the fatltEr of such a child or children, and sltall 1�e limitcd to a child or
children bom to z male descendeot of Testatria where the fa[Iter of sudl child or children is
married to the motlier eitl�er before or after tlte birth of the cl�ild or children.
Should the occupancy of my two�randchildren PIiTLIP C.PACE and LEA1-I K. PACE of
my house at 331 East Old York Road cease to be desired Uy tliem or should my Trustce be of the
opinion that said liouse and approximately five (5) acres of land sliould be sold ancl the nec
proceeds of sale invested as part of the corpus of the Tnist, my Trustee and his successor is
authorized io make sudi a sale and conveyance as he dcems desirable.
No title, in any crust hereby created, or in the income accruin� tlierefrom, or iu
accumulation,sha11 vest in any beneficiary and an beneficiary shall have tlie ri;ht o�power ro
transfar,assi�n,anticipate or encumber his or her interese in 51�d lrust,or thc income therefrom,
prior to the actual discribution thereof by the Tnistee to taid beneficiary. Further,neither d�e
income nor ll�e principal of said trust slxall be liable in any manner, in the possession of the
Trustee,for the debts,contracts or engagements of any of the beneficiaries.
7. Should any person less thau 21 ycars of age be entitled to distribution from my estatc,
in such e��ent I nominate,constitute tuid appoiut my sou, EDWIN R. O?TO as Guardian of thc
estate of each sud� person who is a descendent of him,and 1 appoint my broker.PATRICK K.
MYERS as Culydian of the estate of each such person who is a descendent of my dau�hter,
1ANICE IC.PACF,but sltould any sucli Guardian decline to servc or ceasc serving as such,d,en
in such event I nominate,constitule and appoi.nt my hereinafter named Eaccutors as a�ternate or
successor Guardian of the estate of each such person,but should my Executors decline to serve
or cease servi�zg as such then in such event T direct my Executor to seek an appropriate Guardian
and obt�in approval from the Cumberland County Orpl�ans' Court having jurisdiction of my
estate of the Guardian proposed. 1 furthcr authorize and direct each Gi�ardian of the estate from
rime to time servin�as such to pay the incomc arising tlierefrom,together W�th sp much of the
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principal chercof as in tha opinion of such Guardian is necessary or desirable to be expendecl for
the proper maintenaiice,support and education of such person less than 27 years of a�e,to or fc,r
the bencfit of such person,and upon such person attaining 21� years of age to pay to him or her
all of thc income arising there£rom at least amivally and in addition to pay to him or lier so much
of the principal lhereof as such Guardian shaii deem reasonable and desirable for putposes of
education, applying towazd the purchase of a personal residence, or any ocher expenditure
deemed apprapriate by botl� the Guardian and dze person for whose benefit the fund is held.
Upon d,e bcneficiary attaioing 30 years of age the etten remaining principal togetiter witb any
undish•ibuted income sha11 be paid ?o thc beneficinry, but this provision sl�all not prevent the
Guardian from making a complete distribution of the principal and ittcome to the beneficiary at
any time deemeJ appropriate by the Guardian from ihe time beneficiary attains 2l years of aoe
and beforc attaining 30 yeacs of a�c.
3. I hereby nominaie, constituce and appoint my friend and advisor PATRICK K.
MYrRS�is Trustee of the'inist hereinbefore proviJed,but Should he cease seitiing as cuch then
in such event T nominate constitute and appoint hi� wifc, LORI IC. MYL'RS, of 51g Katrina
Court,Mechlnicsburg,PA 17050,as successor Tnistee.
9. 1 hereby nominate, constitute and appoint my son EDWiN R. OTTO,ancl my friend
PAl'RICK I<.MYERS,as co-Lxecutors of this my I,ast Will and Testament ancl 1 furtlur direct
that neither of them shall be required to post any bond to secure the faithful performance of his
duties in d�e Commonwealth of Pennsyl�ania,or in any other jurisdiction.
10. ln additioit� to the powers conferred by 1aw, my hereinUefore named Executors and
Trustees and any person serving as Guardian of the escate of any person entided to distribution
from my estate,and their successors,are empowered:
a. To invest any part of che trust corpus in such sccurities, investments, or other
property as may Uc deemed advisable and proper, in�espective of �vhether the same are
authorized for the investment of trusC funds under the laws of any governingjurisdiction.
b. \�'ith respect to any corporation,the stocks, bonds, or other sccurities of wl,ich
mav oe hcid, to �ote iu person or by pruxy on any shares of stock; to consent to the merger,
consolidation or reorganization of such corporalions; to consent to che leusing, mort�aging or
sale of the prope�ty of any such corporations;to make 1ny surrcnder,exchttnge or substitution of
such stocks, bonds or other securities as an incident to the mer�,er, consotidntion or
reorraniza�ion of such corperaeions; to pay all assessments, subscriptions and other sums of
money which may be deemed wise and ex�edient for the protection an�1 maintenance of�he
proportionatc interest of the investment in such corporations;to exercise any option or privilege
which may be conferred upon the holders of such stocks, bonds. or otber securities of such
corporations cither for the conversion oC the same into other securicia rn'for the purchuse of
additio�al securities, and t.o make any and all necessary payments wliich may be required in
cannection therewith;and gcnerally to ha�e and crercise as ro all such stocks,bonds and otl�er
cecurities,the powcrs of an i�tdi�•idual o�vner who i.s under trust obligation.
c. To hold the viut corpus in one or more consolidated funds in which separa[e
shares sball havc undivided interests.
d. To sell at public or privale sale for cash or upon a�edit, or partly for cash and
partly nn credit,and upon such terms and conditions as shall be deemed proper,any part or parts
of the trvst cstate, �ud nn purchaser at any such s�le sllall be bound to inquire into the
expediency or propriety of any such sale or to see to the application of the purchase moneys
arisin�therefrom.
e. To keep on liand and uninvestcd such ma�ey as inay be deemed proper aod for
such period as may bc found expedient.
f. To compromise,settle or arbitrate any daim or demand in fa�or of or against the
ttust estate.
g, And aucltorized in t6e discharge of f'iduciary duties, to employ wunsel and lo
determine and to pay such counsel reasonable compensation whicli shall be cl�araed agamst the
Pege 3 ot a��,�-- ,�G �_
principal or income of tlie trust fund,and shall further be eittided to charge against tbe principal
or income such otber reasonable ezpenses and charges a5 may be necessary anci proper to incur
for the proper discharge of fiduciary duties and for the proper management and administration of
tl�e trust estate.
h, ln making anY division of property into shares for the purpese of any distribution
thereof directed by the provisions of tite tn`n:ko'�aseg��all�bo deemed mo�st expod ent,taid i❑
cash or in kind.�r pardy in cash and partJy
making any division or distribution in kind may allot any specific security or property or any
undivided interesl tl�erein to any one or more of such sltares,and to that end may appraise any or
a1i of the property so to be allottcd and the judgment as[o the propriety of such allotment and as
to the rclative value for purposes of distribution oC tl�e securities or property so allotted shall bc
final and conclusive upon 1II PELSOU$ interested in the trust or in the division or dis2ribution
thereoE.
i. And autUorized to register any shares of stock or other�ssecs of any trust in tlteir
p�vn names or in tltc name ol'a nomince.
j. To retain any investments including mucual funds which 1 may own at the time of
rny dcath and in addition t�invest any part of the Trust corpus in such mutual fund or mt�tual
funds as may be dcemed advisable or pro per,irrespective of whether lhe same t�re authorized for
Ihe imestment of trust ftmds under the laws of any govcrning jurisdiction.
k. To retain any imestmenls induding muuial funcls wbich I may own at che time of my
death and in addition to invest any parc ef tlxe Trust corpus in such mutual fund or mutual fuuds
as may be deemed advislble or proper,irrespective of whether the same are aulhorized for the
invcstment of trust funds under the laws of any govez�ning jurisdiction.
1. To detennine frotn time to t9me whetlter all or some pottion of rcali�ed capital gains
sliall be trelted as ordinary income For distribution to a benefici�ry or created as principal to be
retained as part of the coipus, and sucl� desi;nation naed not be consistent from onc year to
another.
lN WITNI4SS�'VHEIZLOP,I have hercunto set my ha�d and seal to tl�is my I.ast Will and
Teslament x�rittcn on four(4)pages,this f% 73= d2y of ��� .2007.
- � � '� //
i ..
r
�' -.�%�ZG�� d '✓ � G (SEAL)
:JUNE K.OTTO
Signed,sealed,published and dedared by IUNL^ IC.OTTO,the Testairia above named,as
�nd for her Last Wil1 and?estament,in our presence,4vho,in her presence,at her request,and�n
tlzc presence oF each other,have herewato subscribed our names as attesting witnesses.
f�r`�T 1.�. �-
Page 4 0l4
• MINUTES
SOUTH MIDDLETON TOWNSHIP BOARD OF SUPERVISORS
520 PARK DRIVE
BOILING SPRINGS,PA 17007
DECEMBER 2U,2012
PRESENT: TOM FALEY, BRYAN GEMBUSIA, RICK REIGHARD, DUFF
MANWEILER, & RON HAMILTON - SUPERVISORS, Richard Mislitsky - Solicitor, Cory .
Adams - Manager, Brian O'Neill - Engineer, Tim Duerr - Zoning Officer, Jarrett Sweeney -
Finance Director, Sandy Quickel -Recording Secretary, John Snyder, Brad Wenger, Fred Hart,
� Larry Statler, D.L. Hawbaker,Nita Cook,Betty Szablewski, Cindy Dunbar, Doug &Helen Gale,
� Attorney Hubert Gilroy, Nancy Shaffer, Ed Shellehamer, Tim & Gary Heishman, Greg Lebo,
Brian McNew, Pam Fisher, Bill Brown, Ron Dorshimer, Brian Dennicki, William & Leona
Webb, Justin Doty, Gregory Kuhn, John Madden, Linda Semancik, Dan Sazokon, Linda Larson,
Joe Cress—"The Sentinel".
Chairman Faley called the meeting to order at 6:00 pm.
PLEDGE OF ALLEGIANCE: I
Chairman Faley led the pledge of allegiance. i
, MOMENT OF SILENCE:
A moment of silence was observed for the Sandy Hook school shooting.
OPErTING ANNOUNCEMENTS:
It was announced that the meeting is recorded&to turn off cell phones.
MINUTES: 11/29/12
i, Bryan made a motion to approve the minutes. ���i sc;,onded, & the vote in favor was
unanimous.
PUBLIC INPUT:
Ron Dorshimer thanked Brian for checking the stormwater issues at Summerfield. Heavier rains
will be needed in order to see if the improvements will work.
#2012-0014 NTR PROPERTIES,LLC—Final Minor Land Development:
Attorney Hubert Gilroy was present for the plan. The applicant proposes to construct a 11,200
s.f. building along East Commerce Avenue. Mr. GiIroy stated that the plan was approved as a
Conditional Use (GET Leasing). A truck repair facility is planned. There were no comments.
Modifications: Preliminary Plan; Show all existing& proposed streets/driveways adjacent
to the site; Landscape Architect Certification on Landscape Plan; Allow parking within 10 feet of
� the buitding; Allow the access drive to be 40 feet wide; Sidewalks; Curbs & Gutters, & Street
Q PETITIONER'S
W EXHIBIT
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Page 2— Supervisors Minutes— 12/20/12
trees 15 feet to 20 feet off right-of-way (5 ft required). Bryan made a motion to approve the
modifications. Rick seconded, &the vote in favor was unanimous.
Bryan made a motion to approve #2012-0014, subject to the applicant's acceptance of staff
comments. Rick seconded, &the vote in favor was unanimous.
#2012-0013 JUNE K. OTTO—FinaVMinor Subdivision:
Greg Lebo was present for this plan. The applicant proposes to subdivide a 132 acre parcel split
by Rt. 174 into two parcels. One parcel will be approximately 94 acres (north of Rt. 174) & the
other parcel is approximately 38 acres (south of Rt. 174). No improvements are proposed. There
were no public comments.
Modifications: Preliminary Plan; Stormwater Management Plan; Landscape Plan, EIA
Report; Professional Wetlands Certification; Grading Plan; & Roadway Upgrades. Bryan made a
motion to approve the modifications. Ron seconded, &the vote in favor was unanimous.
Bryan made a motion to approve #2012-0013, subject to the applicant's accepta.nce of staff
comments. Ron seconded, &the vote in favor was unanimous.
#2012-0018 MAYAPPLE—FINAL PRD—Public Hearing:
Mr. Mislitsky opened the hearing. A court stenographer was present to record the proceedings.
It was stated that the Mayapple Homeowner's Association wishes to survey the residents
regarding what is proposed with this plan & to hold a meeting to discuss it. It was decided to
continue the hearing on January 24, 2013. Duff made a motion to adjourn the hearing &
reconvene it on January 24, 2013. Rick seconded, & the vote in favor was unanimous. The
hearing was closed.
#2012-0016 ALL BETTER CARE—FinaliMinor Land Development:
Justin Doty & Brad t�ve����i wcre present for this plan. The applicant proposes a 7,700 s.f.
urgent care medical facility on Lot #1 of the Wenger Subdivision plan. The parcel is located
along Walnut Bottom Road. The main concern is the timing of the completion of the tra�c
signal. The occupancy permit will be conditioned upon completion of the improvements. The
Board prefers that the signal is operational before the facility is open. The Doctors would like to
open the facility by May. Mr. Doty stated that Mr. Wenger has a construction schedule that
• indicates the signal will be operational by April ]9, 2013. Rick feels this issue should be
discussed in Feb/March instead of rushing the plan through. Duff disagreed from a business
stand-point. He thinks the plan should proceed & likes the idea of having the signal on flash
before it becomes operational. The Board does not want stop signs installed — they prefer the
signal is installed. It was decided that Duff, Rick, & Brian review this issue to see if the signal
� has been installed & on a flash mode in order for the occupancy permit to be issued. Mr. Doty
agreed to this condition. There was no public input.
Modification: Preliminary Plan. Rick made a motion to approve the modification. Duff
seconded, & the vote in favor was unanimous.
• Page 3 —Supervisors Minutes— 12/20/12
Rick made a motion to approve #2012-0016, subject to staff comments, & that the occupancy
permit is subject to the completion of improvements, & that the tr�c signal be in flash mode
with discrepancy given to the Township Engineer & Supervisors to issue the occupancy permit
as determined. Duff seconded, &the vote in favor was unanimous.
#2012-0017 SUMMERBRIDGE GREEN COMMUNITY — Condirional Use Public
Hearing:
Mr. Mislitsky opened the heazing & stated the procedure. A court stenographer was present.
The transcript will be the official record. John Snyder, Brian McNew, & Attorney Steve Hovis
were present.
Public comment was taken. William Webb, Rockledge Drive, is concerned with traffic & the
' proposed traffic signal with 2 churches &a soccer field nearby. He also asked who is responsible
for the signal. Leona Webb said that the developer should not proceed with the project if there
are no funds for the signal. (BREAK)
Linda Semancik, Touchstone Drive, asked about the commercial portion of the plan. Dan
Sazokon,Touchstone Drive, asked about screening from the Summerfield Development.
The developer will come back with a new offer regarding the traffic signal installation. The
• hearing was closed.
EMERGENCY SERVICES REPORT:
The report was accepted,as submitted.
RECREATION/PARKS REPORT:
No report was given.
ROAD SUPERINTENDENT Ri,t-t,�.i:
Rick commented about #6 on the report — installed dead end signs & barricades on dead end
portion of Forge Road. Twice someone crashed into the traffic signal control box causing
extensive damage. Also, Rick complimented the road crew on the great job with the sight
distance improvement at Springville Road. Tom noted the new pavement at the intersection of
Petersburg Road & Rt. 174. The new pavement helps vehicles skid less coming down the hill. .
SOLICITOR REPORT:
The Solicitor requested an Executive Session to discuss possible litigation.
ENGINEER REPORT:
The applicant for the Netherby Phase 2 plan (#OS-17) has requested a security reduction. Rick
made a motion to approve the security reduction in the amount of$16,750.09. Tom seconded, &
the vote in favor was unanimous.
•
.
Page 4—Supervisors Minutes— 12/20/12
Mr. Demnicki, 380 Pheasant Lane, is requesting a waiver from the 25 ft side yard building
setback (Yorkfield#88-12) for the purpose of constructing a garage 20 ft from the side property
line. Tom made a motion to approve the waiver request. Duff seconded, &the vote in favor was
unanimous.
The applicant for the Kenneth M. & Doris Bream Subdivision plan(#2012-0004)has requested a
90-day time extension in order to continue working with DEP on the sewage planning module
approval & a conflict with the Eastern Spadefoot Toad located on the parcel. Duff made a
motion to approve the time extension until April 12, 2013 for the plan. Bryan seconded, & the
vote in favor was unanimous.
The Richazd R. Burgoon plan (#2011-0023) is requesting the plan be re-approved.. Tom made a
motion to re-approve the plan subject to original conditions. Bryan seconded, & the vote in
favor was unanimous.
Skelly & Loy is requesting an in-kind contribution from SMT for a project to study the Letort
Spring Run watershed. Duff made a motion to approve Resolution #25 approving the in-kind
contribution. Bryan seconded, &the vote in favor was unanimous.
The applicant for the Sparks Tract Final Subdivision (#06-25) is requesting a release of security.
This plan is composed of two plans. The first plan was a subdivision which combined several
lots, some with homes on them. As a condition, the homes were to be demolished & financial
security submitted for that. The second was a land developmer�t plan which called for the
driveway, parking, & associated stormwater management system. One house & a garage remain
— it is being used as an office. Rick made a motion to release security contingent upon the
applicant agreeing to add the cost of building removal to land development plan security. Bryan
seconded, & the vote in favor was unanimous.
The applicant for the Sparks Tract Lots 2 & 3 (Trammel Crow) Land Development (#08-11) is
requesting a release of security based on what has been constructed. An as-built has been
submitted. Rick made a motion to approve the security reduction in the amount of$387,847.00.
Bryan seconded, &the vote in favor was unanimous.
The applicant for the Wenger Subdivision plan (#2011-0027) has requested a 90-day time
extension to fulfill the conditions of plan approval. The new deadline will be March 26, 2013.
Bryan made a motion to approve the 90-day time extension. Ron seconded, & the vote in favor
was unanimous.
PLANNING/ZONING/CODES ENFORCEMENT REPORT:
The George & Tessie Mallios Conditional Use Decision is ready for signatures. Duff noted a
language change regarding outside storage. Tim will revise the decision with the appropriate
wording.
• Page 5—Supervisors Minutes— 12/20/12
MANAGER REPORT:
The County Commissioners are seeking candidates to fill a vacancy on the Cumberland County
Municipal Authority Soard. Letters of interest should be sent or emailed to the Board of
Commissioners at the courthouse.
PUBLIC INPUT:
Cindy Dunbar asked a question regarding the Summerbridge Development.
SUPERVISOR'S DISCUSSION:
R.ick wished everyone a Merry Christmas.
2013 REAL ESTATE FIRE TAX RA.TE—Resolution#26 of 2012: �
Ron made a motion to approve Resolution#26 approving the 2013 Real Estate Fire at 1.7 mills. �
Bryan seconded, &the vote in favor was unanimous.
2013 CABLE FRANCHISE FEE—Resolution #27 of 2Q12:
Bryan made a motion to approve Resolution #27 approving the 2013 Cable Franchise Fee. Ron
seconded, &the vote in favor was unanimous. �
2013 BUDGET—Resolution#28 of 2012:
• Rick made a motion approving the 2013 Budget. Ron seconded, & the vote in favor was i
unanimous.
BILLS FOR PAYMENT:
Bryan made a motion to pay the bills. Tom seconded, &the vote in favor was unanimous.
Tom made a motion to adjourn to EYecutive Session at 7:45 pm to discuss litigation & a
personnel issue.
EXECUTIVE SESSION:
Rick made a motion to adjourn Executive Session at 8:07 pm. Bryan seconded, & the vote in
favor was unanimous.
Duff discussed the need to further fund our ambulance organizations. He asked for a consensus
I support from the Board for him to go to certain local businesses to solicit monetary donations for
this purpose. He said that currently the ambulance companies have had a "zero success rate" in
raising revenue from commercial properties. Duff said that former Township Manager Barb
Wilson has requested to join him in this venture. She will be volunteering her time. The Board
agreed that this is a good idea & gave their consent to Duff to engage in this fundraising
initiative.
Duff raised his concern over whether it is fair for the Township to require Summberbridge to pay
� for the whole traffic light at Marsh Drive & Rt. 34. He asked the Board whether it is feasible for
the Township to assist in building the light& work out a way for Summerbridge to pay back the
Page 6—Supervisors Minutes— 12/20/12
work performed by the Township. Rick voiced his agreement that something should be done to
be fair to the Summerbridge developers regarding the traffic light. Rick also said that he would
like to see the Summerbridge developers focus on sales of units rather than just leasing. Bryan
said that if the Township pursues this arrangement, it should negotiate a cost figure with
Summerbridge that they would be comfortable with. Ron agreed that these negotiations should
be done early in the process, & Duff agreed. Cory cautioned that any work or contribution done
by the Township would be subject to Prevailing Wage. Bryan said that he is comfortable with an
incremental occupancy rate based on percentages as a way for Summerbridge to contribute
towards the traffic signal.
ADJOURNMENT:
Rick made a motion to adjourn the meeting at 8:40 pm. Tom seconded, & the vote in favor was
unanimous.
WITNESS: SOUTH MID LETON TOWNS P
BO PE S
s- Q,NI�LQ l,( - �Lt,cC�� .
Sandra A. Quickel,Township Secretary Thomas . Faley, Chairman
.
Bry . Gembus' Vic .'Chai an �
�I _A I`? Y
y�.. ..._..
Walter G. Reighar�;Ivlembc r
� L
/
R. anweiler, Mem er
onald P. Hamilton, ember
�
Donald B. Hoyt retired
Charles A. Rausch ___ __
Sradley J. Leber ponald H. Yost
David A. Mills
.Iohn J. Baranski,Ji•. Albert G. 61ake}�
Seth E. Springer* (1929-2012)
.lessica S. Litke Blakey,Yost,Bupp&Rausch,LLP
Da��id Wm. Bupp
*LL..bt, Tczxation Attomeys at Law (1938-2010)
Joseph C. Korsak*
*LL.�t1, Labor• February 21, 2014
of Counsel
Via Fax Only
(717)249-6354
Douglas Miller, Esquire
Irwin& McKnight, P.C.
60 West Pomfret Street
Carlisle, PA 17013
Re: Estate of June K. Otto
Property on East Old York Road
Dear poug:
Please outline for me the open items that your client claims need to be addressed before
Mr. Cramer can receive his deed. We would like to have this issue resolved by the springtime. �
_�
;�,
Very t�uly yours,
�
� 'iaJ;.
i�;�', �,�.
Johri J. Baranski, Jr.
BLAKEY, YOST, BUPP & RAUSCH, LLP
Cc: Randy Cramer
• � PETITIONER'S
� EXHIBIT
�
� =
�
J
Q
Celebrating 30 Years of F.xcellence
17 East Market Street, York PA 17401 717-84�-3674 Fax 717-8�4-7839
Visit our website at www.blakeyyost.com
VERIFICATION
I, Randy L. Cramer, verify that the statements in the foregoing PETITION OF RANDY
L. CRAMER TO COMPEL CO-EXECUOTRS TO FILE ACCOUNT are true and correct to the
best of my knowledge and information I believe to be true.
I understand that the statemen±s hPrein are made subject to the penalties provided by 18
Pa. C.S.A. §4904 (relating to unsworn falsification to authorities).
Dated: / �� �
� Rand L. Cr er
Y
CERTIFICATE OF SERVICE
I, David A. Mills, Esquire, hereby certify that I have served a true and correct copy of the
foregoing Petition of Randy L. Cramer to Compel Co-Executors to File Account upon counsel for
the Edwin R. Otto and Patrick Myers, Co-Executors of the East of June K. Otto, Deceased, by
depositing a copy of same in the United States Mail, regular delivery, postage prepaid as follows:
Douglas Miller, Esquire
Irwin& McKnight, P.C.
60 West Pomfret Street
Carlisle, PA 17013
BLAKEY,YOST, BUPP & RAUSCH, LLP
Dated: a� ( �?c��"F BY:
' A. Mills, Esquir A 37192
17 East Market Street
York, PA 17401
(717) 845-3674
Attorney for Petitioner, Randy L. Cramer