HomeMy WebLinkAbout10-27-14 (2) r'�_�
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David A. Mills, Esquire PA 37192 : ,
BLAKEY, YOST, BUPP &RAUSCH, LLP '�� " :}
17 East Market Street � .�
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York, PA 17401
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(717) 845-3674 .w�� ����� ���
Attorne s or Petitioner Rand L. Cramer
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
� �: : No. 21-08-0544
ESTATE OF JUNE K. OTTO, �
Late of South Middleton Township, :
Deceased �
PETITION FOR ORDER DIRECTING CONVEYANCE OF REAL PROPERTY
SOLD ON CONTRACT BY DECEDENT
AND NOW, this 8th day of October, 2014, comes the Petitioner, Randy L. Cramer, by counsel,
David A. Mills, Esquire of Blakey, Yost, Bupp & Rausch, LLP, who files this Petition for Order
Directing Conveyance of Real Property Sold on Contract by Decedent, as follows:
l. 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, (hereinafter"Decedent"), which Will is dated May 11, 2007.
3. Decedent entered into an Agreement of Sale with Petitioner, Randy L. Cramer, dated,
Apri128, 2007, which Agreement states in pertinent part:
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the decedent was the vendor shall be the same as though the decedent had
conveyed or transferred such property in his lifetime.
(c) Indexing in judgment or ejectment and miscellaneous indexes.--
When any petition for specific performance of an agreement to purchase or sell
real estate is filed, the prothonotary of the court of common pleas where the real
estate or any part of it lies, upon the receipt of a certificate of such fact by the
clerk of the court where the petition was filed, shall enter the petition upon either
the judgment or ejectment and miscellaneous indexes against the defendants as
directed by local rules of court and shall certify it as lis pendens in any certificate
of search which he is required to make by virtue of his office.
Act of 1972, June 30, P.L. 508, No. 164, § 2, 20 Pa.C.S.A. § 3390 (Rights of Creditors).
18. There is no adequate remedy at law.
19. On October 23, 2014, the concurrence of opposing counsel of record was sought; the
response of said counsel was
Wherefore, Petitioner, Randy L. Cramer, respectfully requests this Honorable Court to make an
Order of Court directing the issuance of a Rule upon Respondents, Edwin R. Otto and Patrick K. Myers,
Co-Executors of the Last Will and Testament, of June K. Otto, deceased, to show cause why they should
not be authorized and directed to complete the terms of such contract made by Decedent and execute
and deliver a Deed of conveyance of the property described above to Petitioner, Randy L. Cramer, and
enter such other orders as may be proper in the Administration of the Estate of June K. Otto, deceased.
Respectfully,
BLAK , OST, BUPP & USCH, LLP
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Dated: �°� ��C;c��F� �c��'� By 1 '' � �
a � A. Mi s, Esqui A 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 April 2007,
by and between JLTNE 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".
i. The Property to be Sold. Otto agrees to sell to Cramer, and Cramer aarees 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 af South Middleton,
Commonwealth of PA, and which is cunrently 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 Raad, Carlisle, PA at a later date, ai�d is compi�ised of ap�roximately 35 acres,more or less
(to be cailed"the Southern Tract").
2. Pu.rchase Price. The total purcha�e price io 6e paid by Cr�.�er to Qtto for�he
Southern Tract shali be O�e Dullar and 00�'100 f$1.00),which Crame�will pay io atto at�ne
time this Agreement is signed by Otto and which Otto acknowledges receiving.
- 3. Si�nin��f Deed. �fter-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
with?n 30 days of Otto's death.
5. Transfer T�. Cramer wi11 pay the entire cost of any�ransfer taxe�due upor�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 ii they were tl-ie originai signers hereoi�-�d parties wi11 have trie rig�it t� �i�force 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:
(�U/��� J ( �c�aC�� - � ` ��o�
. TTO
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, � � � d �
RANDX CRAMER
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331 East Old York Road
Carlisle,PA
MEMORANDUM O�'AGREEMENT
And now this_�T Day of December,2007,
WHEREAS,June K. Otto is the record owner of property known and numbered at 331
E.ast Old York Road, Carlisle; Cumberiand Cuunty,Pennsylvania.
WHBREAS, June K. Otto has entered into an agreement for sale with Randy L. Cramer
dated Apri128,2007 for nortions af property known and numbered as 331 East Old York Road,
Carlisle,PA,comprised of ap�roximately 45 acres a.r�d being all the property of Ju��e K. O�to on
the south side of Route 174.
WHBREAS;the parties wish to:ecor�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 property of June K. Otto kno�vn
and nurnbered as 331 East Old Yo:k Road, Cariisi_e,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,
�W PETEXH B TR'S
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IN WITNESS OP WHEREOF, the parties, for themselves,their successors and heirs,
have signed this Agreement on the date and year first above written:
WITNESS:
�`�.I�tYA.:J L�4- ��ILCJ�'(�frS �(/ �
��� K. OTTO
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} RANDY . CRAMER
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COIv1MONWEALTH OF PENNSYLVANIA
i;QUi�1TY OF CLTMBERLAi�i
On this the �� day of -� r , - ,2007,b�fore me the undersigned�fficer,
persunally appearcd Jur�e Ii. Ott�,kno�v to tne�or sai.isfactorily proven)to be the person whose
name is subscribed to the within instrument and acknowledged that he/she executed the same for
the purpose therein contained.
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,�1�.�:.,.L C .�� �'Ir:�
Notary Public
My Commission Expires:
CGivIMONWBALTH OF PENNSYLVANIA : �,��
� tN�ilti�liE A 1�1i0t1E1'
COUNTY OF CUMBERLAND • ���,�
My Commisfion Explr�t�n�b,1D11
On this the�day of e �:,.��t�!`",2007,before me the undersigned officer,
personally appeaxed Randy L. Cramer,known to me(or satisfactorily proven}to be the person
whose name is subscribed to the within instrument and acknotivledged that he/she exeeuted the
same foz the purpose therein contained.
,i r y
� f �'� L' V IW��G}ti,C�1
Notary Public �
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.-.-�: :' .; My Commission Expires:
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;� � ,� �' } _. . �-NOTARlAL SEAI
1 CHARLENE A MAHONEI'
"` Notary Public
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CARttSIE BOROUGH,CUNIBERIANC COUNtb
- ,. My Commission ExpUe�Jan 25,2011
Prepared by:
John J, Baranski, Esquire
BLAKEY,YOST, BU�'P &RAUSCH, LLP
17 East Market Street
York, PA 17401
(717) 845-3674
Please return to the above after recordin�
ROBERT P. ZIEGLER
RECORDER OF DEEDS �. �•��.•;-:
CUMSERLAND COUNTY ' ���"'; .
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1 COURTHOUSE SQUARE ' ��� =" � �`ry � ~
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CARLISLE, PA 17013 - � i ���
717-240-6370 � _ � � � � � ; -�
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Instrument Narnber-200746?48
Recorded On 12/19/2007 At 11:41:12 AM x Total Pages- 4
*Instrument Type-MEMORANDUM
Invoice Number-11060 YJser ID-KVV
'�Grantor-OTTO,JiJNE K
x Grantee-OTTO,JLNE K
*Customsr-BLAKE1t YOS7C BYJPP�RAUSCH
x FEFS
STATE WRIT �AX $�.50 Certification Page
RECORi3ING FEES � �11.50
RECORDER OF DEEDS DO NQT DETACH �
COUNTY ARCHTVES FEE $2.00
ROD �xcxzvEs FEE �3.oo This page is now part
TOTAL PAID �1� .oo af this legal document.
I Certify this to be recorded
in Cumberland County PA
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��� 'Y ° RECORDER O D EDS
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x-Information denoted by an asterisk may changc during
the verificarion process and may not be reflected on this page.
OOODO6
IN illlll�IIII I IIII III I I(III
LaST WILL AND TLSTAMLNT
OF
JUN�IS�OT"x'O
1,.TUNE K•OTTD•W�do`�'.of South Middlecon Township(mai�1°glvan�ia�sbeing ofasoO�d
York Road,Carlisle. Pennsylvania 17013},Cumberland County,Penns}'
foamy LasttVv i 1 and T s amentlie eby revokng andlmak ng aoid anylan aall�dillslUy me at any
time herctofore made.
). i direct my hereinafter-named p¢rsonal represencative to pay all oi my just deb�s and
funeral expenses as soon after my death as may be found convenient to do so. i dir ict nhat m}�
funernl�er�ices Ue cor,ducted by Holli•^.ge' �usbanJ,�Raye EMOt oolon our bi�ialelots n Mt.Holly
that my body be intcrred uesidc that of m}'
Spriugs Cemefeiy. I direct that a(1 inheritance,transfcr and estate tazes, 10aid f o.m'[he'rc5idue
penalties[hereon,"�hich may be payable on account of my death shail be p
of my esiate regardless of whether tUe asset upon whicl� any such tax is based is a Part of my
�1rU�'�le CSt3te.
2. If at dte time of my death I am 4ti11 tl�c owner of the farm on which I live,inciudi��g
Cumberl�d Cou ty,oPenn Y]a1nia,1 give.devise 1nd bcqueath asifoll�w's_M�dd!eton Tow��s���P,
(aj The house and approximately five(5)acres of iand,knoµi�as 331 E�st Old York
Road,ir.dt:di»�a!I ef che ho��sehold goods and furnishiix�s locatcd in the honse at the time of'ny
PACE ancl LF'AH KaPAC6 sEpa�of theTnist'l e e naft'er pt'ovi�ied for�dlcnchildren PH!LIP C.
(b) Ali of the remair.c�er of my real estate�vhicb I may o��n�Nhich is located in Souih
Middleton Township, Cumberland Couitty,Vennsyivania,and��hich lizs 5outh of the south:r�
line of East Old York Rqad. know'n as Yennsyivania Route ido. i'4, and .�hich cor.!air.s
�rf'�x';•�a�e�%-{5 acres.t diTect ehall 6e transferred to my faitl2f�i frierd Rr1:``DY L.CRAU!ER,
his heirs and assigns, nf 17Q Red Tanlc Road. Boiling 5prings, PA 1�007, aereeabie to the
Agreement of Sale into whi�h i enlered K�ith liim on April 2S, 2007, in which ,4grecment I
a;r�cd to convey the same to him for a consideration oC$1.00�vhich he paid to me upon thc
execu!ien of d�e Agrcement of Salc. TOis Agreen�ent of 3ale was entered inro by me with Randy
L.Cramer ia apprer.�ation of t�e mary kindnesses aoc I?clp wl?ich hc has exfended to me ovcr a
period of a ntimber of years.
3, 1 give and bequeatl�flie sum of T���o Thousand Pivc 1-[undred(�2.500.00) Do��ars�o
my daue ter JANICE TC.PACE,het lieirs and assi.gns,in this tnodest amount,noc because of�ny
want of affection for her,but because she lias already recei�ed from me the bulk of wliat 1 want
lier to have, but should she fxil to survive me then die same shall lapsc and be addcd to ehe
residue of my escate.
4. I giVe and be�uea?h the sum of Two Thousand Fivc Plundred($2,500.0�)Dollars to
mv son-�n-la�+GFEG !. PACL his heirs and assigns,but should hc fail to survive me then thc
came shaq lapse 2nd be added to d�e residue of my eslate.
S, I give anci oequeath the sum oov iled each3ga ndci�ii�Id�ShaoU surt�i�c me by�a per'iod'of
of mine, ltis or her heirs and assigns,p
ninety(90)days,bul should any grandchild fail ro so survive me,then d�c share such grandchild
,5 oul<I ha�c received shall pass to such of liis or her issue,fheir heirs and ass��ns,as shall curvive
;ne by a period of ninety(90)days,per stirpes,and if diere be no such Issue die same sl�all lapse
ancl Uc induded in the residue of my esta(e. At the preaent time 1 have thc f�llo�vin�
grandchildren PHTLIP C.PACE tvlto was born July l l, J985,LL'AH KATHLEEN PACE.who
was born (�1aY 16, 1988, both of�ti'hUm are tl�e children of my danghter .Tanicc [C. Pace�lvhn
$HANNON THFRESSA 0iT0,�+�ho���as born D7ay 3, 1987,2nd K6ViN RAY OTTO,
��as born Aprii 23, 1991,«l,o,re xhe nve children of my son,Edwin R.Otro.
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a PETITIONER'S
W EXHIBIT
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G. All of tl?e rest, residue ancl remainder of my estate, rcal, personal and mixed, and
µ�heresoever the same may be situate,I gi��e,devise and bequead�as follows:
(a) One-lialf(112)to my son.Edwin R.Otto,Uis hcirs and assigns,provided hc shall
ciirvive me 6y a period of ninety(90)days,but should he fail to so survive me tben to sucl�of bis
issuc as sliall survive me by a period of ninery(90)days,their heirs and assigns,per stirpes.
(b) The other one-half(ll2) lhereof, i give, de��isc and bcqueath to my hereinafter
named Trustee and his successors,in Trust Ca'the UeneJit of my t�yo g�and�hildren,PHILIP C.
PACE and i.L-AH K.PACE,including il�e real estate hereinbcfore mcnt�oned of my house and
iu furnishings located on approximately fi�e (5) acres of land, �s hereinbefore provided, to
reccive and to invest the same and to pay the income arisin�therefrom�t least annuq�ly to or ior
thc beneFit of said cwe grandchildren so long as thcy shal]live,tlte income to bc applicd first to
thc taxes and insurancc payable in conncction •,viih my said residence at 331 Fast Old �'orx
Road, ulus maintenance and repairs of tl�c same, and plus all charges or erpenses for util'ity
servic�s inclttding elecfricity and 1clevision cable,and any otlter services to the premises. wid�
ai�y ir,come ir.exc�ss of that required for said purposes to be paid,at lcast annu�lly,one-half to
each of them, provided my grandson, Philip C. Pace ;hall Ue gainFully emp!oyed at least 20
hours per ti�eek, and if rot the�i no casli shail be distributed to him, but that which �vould
otherwisc havc been distribuled to him sbail be p�id to his sister Leah K.Pacc.
Upon t1�e death nf my grandson.PI-IILIP C.PACE,(direct Utat the assets o:thc above
vust from which he w�s Teceiving the income shall be paid to his legitimale issue surviving him.
but if tliere bc tto such issue then the same sh2ll Uc adcled to the share of d�e�bove trust From
w!iich m;' grai�ddauehter, LEAIC K. PACE is receiviug tlie incoine. Upon the dcath of my
p�anddaugLtr.r L�1\ii K.P.-1CL-,the Dort;on o�the 2bove?rust from whicli she was receivin;the
income sh111 be paid to her then living legitimate issue,per stirpes,�nd�f t1'andsoiti,Pii�ILIP�C
iivin� issue chen d�e same sltall be added to the sliare from which m�� g-
P�CE is receiving the in=cme. Sliould botlt oF my said grandchiidren die�v;thout!ea:�i:ig any
��c��imace[ssue s,irviving either of them,thc�upon both oF chem beceming dec¢ased the assets
of rhe aboti'e trust shall be p�id to my son,EDWIN R.OTTO,his lieirs aud assigns,per stirpes.
Thc meauing af "Legitimate Issue° .s used in this Last \�'ill and Testsm�r.t chail be
limiled ro a cliild or children born to a female descendent of Testatriz regardless ef whetlicr the
mother is married to the Tathcr of such a child or children. and sliall be limited to a child or
chiidren born to e male dcscend.ot of Testateix where the faUter of such chiid o� chiidren is
married io the mot(ier eitl�er before er after:lie hirth of the cl�ild or citildren.
Shotdd the occupancy of my two grandctiildren Pli?LIP C.PACE and LEA�-�K. PACE of
my house at"s31 East Old York Road ccase to Ue des�red by tliem or should my Trustcc be of the
opinion �hat said liouse znd approximately five (5) acres of land sliould be sold and thc net
proceecJs of sale iu�ested as part of the corpus of the Trust, my'Tructee and his successor is
authorized to inaks sucli a sale and conveyance as he dcems desirable.
No title, in any trust herehy crcated, or in clte income accniing tberefrom, or its
accumulation,shall vest in any beneficiary and no beneficiary shali have tl�e ri;ht or power to
traosfer,assign,anticipate or encumber his or her i»terest ir said lrust,or thr in�ome the�efrom,
p�ior tc tlte actaal d�sttibution the.reoi by l�ie Tn:stee Ic s�i� `�-"e��'��Y F'-!rther,ne.ither the
income nor ihe principal of said trust sliall be ]iable in any minr.cr. in the possession of the
Trustee,for the debts.contracts or en�agements of any of the beneficiari es.
7. Should any person less thau 21 ycars of age be e»citled to distribution from my estatc,
in such event I nominate,constitute tu�d appoint my sou, EDWIN R.OTT'O as Guardian of thc
esta�e of each such person who is a descendent of him,�nd 1 appoint iny broker,PATRICK K.
MYERS a5 Guardian of the eswie of each such person rvho is a dcscendent oF my dau�hter.
JANICE IC.PACF,buc sliould any sucl�Guardian declinc to serve or cease serving as such,then
in such event I nominate,constitule�nd appoint my hereinaffer oamed Executors as alternate or
successor Guardian of the estate of each Such pet�on,but should my Executors decline ro ser��e
or cease serving as such then in such event i direct my Executor to seek an appropriate Guardian
and obt�in approval from the Cumberland County Orpltans' Court liavirtg jurisdiction of iny
esta(e of the Guardian proposcd. T f'I't�hc^r��o��r sinoa��erefromCtto ether W�t so inuch ofrt�l e
rime i�iime servia;�s s..-'to p�Y -
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principal thercof as in the opinion of such Guardian is necessary or desirable ro be expended for
che proper maintenance,support and education of such person less tlian Zt years of a�e,to or for
die bencfit of such person,and upon such person attaining 21'years ofa g�thimflor her�so mi�h
all of d�c income arising tl�erefrom at least annually and in addition to p Y
of the principal lhereof a.5 suc6 Guatdian shaU deem reasonable and desirable for purpo�es of
education, applyin�, towazd the purcl�ase of a personal residence, o� any o�her expenditure
deemed appropriale by botl�the Guardian and tlxe person for whose benefit tlie fund is held.
llpon the bcneficiary altaioing 30 years of age dte tlxen remaining p?incipal togetlier rvitl� any
undisbi�uted income sl�all be paid to thc beneficiary, but this pravision shall not prevent the
Guardian from making a complete distribution of the principal and income to tlie beneficiary at
any time deemed appropriate by the Guar�ian frrnn the time beneficiary attains 2l years of a;e
xnd beforc attaining 30 yeacs of a�c.
3 I hereby nomina�e, constitutc and appoint my rriend ard adviso: PATRICK K.
h?YLRS as Trustee of th�Tnist hereinbefore provided,but should he cease seiving as cuch then
in such cvcnt 1 nominate constitute and appoint liis �vifc, TARI IC.MYLRS, oF 51° Katrina
Cuu�t.�lechanicshuT„PA 17050,as successer Trustee.
9. 1 hercby nominatc, constitute and appoint my son EDWit�I� OTTO,and my friend
PAl'RICK K.MYERS,as co-Lxecutars of this my Lust Wil]and Testa!nent and 1 furdicr direct
that neither of them shall be required to post any bond to secure die faithful performance of his
duties iu die Commonwealtlt of Pennsylvania,or in any o!her jurisdiction.
10. ln addition to the powers conferred by law, my L•ereinbefore r.amed Executors and
T���stees ard ar,y person servir.g as Guardi�n of the estate of any person entided te disuibution
fro�r�rny escate,and iheir s:iccessors,are emgewered:
a. To invest any part of the trust corpus in such securiiies, invesiments, or ocher
prcpercy as ma; Ue deemecl udvisable and proper, in�espective of �vUetl�er the same are
authorize�for tha invcstmeat ef trus!{ur.ds under the laws of any governing lurisdictior,.
;,. \:'idt respec::o any corporation,tbe stocks, bonds, or other sccurities of�vhich
may 've hdd, to vote in person or by proxy on�ny shares i�i s.ocR',m conscr,:!o the�»ergcr,
consolidation or reorganization of sueh corporations; to consent to thc leasing,mortgaging o�
sale of the propeiYy of any such corporations;ro makc nny surrcnder,eael��nge or substiartion of
sudi stocks, bonds or otiier securities as ar� incic;ert ro the merger, consolidnuon or
reorranizalion of sucfi corperations; to pay all assessments, subscriptior.s and ocl�er sums of
money �'hid� may Le deemed wi.=,e and expedieit for thz protecticn ar,d maintenancc of the
proporiionatc interesl of t(ie investment in such corporations:to exercise a�ty opYion or privilege
which may be conferred upon the holders of such srocks, bonds, or otlier secwities of such
corporations cither for die conversion of dxe same int.o other securitics or for the purch�.9e of
additionat securities, and to make any and all necessary payments which may 1>e requircd in
cannection dierewilh;and ;eneTally to ha�e and exercise as to all suclt stocks,bonds and other
securities.the powcrs of an indi��idual owner�vho is under trust obligation.
c. To hold the trust corpus in one or more consolidated funds io which separa[e
shares shall havc undivided interests.
d. To sell at public or privale sale For cash ur upon uedi[, or partly iur casi� au�
p�rdy nn credir,and upon such[crms�nd conditions as shall be deemed proper,any part or parts
of the vvst cswte, aud no pufchaser at any such snle sl�all be hound 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 hand and uninvestcd such money as may be deemed proper and for
such period as may bc found expedient.
f. To compromise,setde or arbitrate any claim or demand in fa�or of er against the
Vust estate.
o. And audiorized in tbe discharge of Ciduciary duues,to employ counsel and to
detcrmine and to pay such counsei reasouauie com�.nsu::�n��'Licl�s!:a!1 L•=_=1:areed 2g2iast th.c.
Pege3o�a<��-- �.G(�� -
C�
principal or income oC the trust fund,and shall further be cntided to cha oe against t6e principai
or income such otUer reasonable ezpenses and char;es as may be necessary and proper to incur
fo�the proper discharge of fiduciary duties and for the proper management and administration of
the trust esLite.
h. ln making aay divisiou of p�operty inco shares for the purpese of any distribution
tltereof directed by the provisions of tlle tnist,to make such Qiviaion or dislribution,either in
cash oc���kinJ,�r plrtly in cash and partly�n kind,as s�ta1� be deemed mosc expedient,and in
making any division or discribution in kind may allot any specific securiry oyprPoPerty or any
undivided interesl tlierein to any or,e or more of tuch sli�res,ai)d to 1e`� �5 mh alloiment ancl os
all of the property so to bc allottcd and thc jadgment as[o the pro� P y er so allotted shall bc
to cl?e rcla:ive val;:e for purposes ef distribtrtion o[tlle secuiities or rop �y�
fina� Znci corclusive upon a�1 person5 intc;ested in the !rust or in the division or distriUutio>>
thereoC.
i, ,4nd authorized to register any sltares of stock oi othe[asse[s of any tn��t in their
own names o�in thc name ef a nomince.
j. To retain any:�t+estments including mulual funds which 1 may own at the time of
my dcath and in addition to invest any part of die Trust corpus in such mutual fund or mutual
funds as may be dceme:l advisahle or proQer,irrespective of whether lhe same are authorized,`a'
the ir,vestment ofi trust ftmds under thc la�vs of any governing jurisdiction.
k. To rerain any investmenls indudin;mutual funds�vhich t may own at che time of my
death and in addizion tu invest any plrt a;t.ie Trusr��rp��c in such mutual fimd or mutuai tuud�
as may be deemed advisable or proper,irrespective of whether ihe same are auCnorized for tfie
invcstment of tnis:fuuds unde�the laws of any gove�'nin;jurisdiction.
I. To dctcnnine from time to time�vheNte.all or secne pet�ion oC rcaJized capttal gains
s!;a11 Ue tr�ated as ordinary income for disrribution to a beueficiary or treatccl as pi'�ncipal to be
;etair,ed ts part oE tlie corpus, �nd sucl� designation need nat be consistent from onc year ro
another.
lN�'F`ITNTSS�'VHEItLOk',i have hercunto set my hand and scal to il�is i 200 5t�''����And
Testament writicu on four(4)pares,tbis �� �' day of ��^�'
l ,/ ='l //
(' � ��Z�.r����✓, � G (SEAL)
]UNE K.OTTO
Signed,sealcd,publisaed�nci dedared U��]UNL^IC.OTTO,theTe;ta!ri�:�bove nameQ,as
)ne p�eslence fteachlothe Tha�ae hereunto`subscrib d ouh�ames as,afles[ing wilnesse�uest,and�n
f��',-��'J.�. �-
Page 4 0!4
• MINUTES
SOUTH MIDDLETON TOWNSHIP BOARD OF SUPERVISORS
520 PARK DRIVE
BOTLING SPRINGS,PA 17007
DECEMBER 20,2012
PRESENT: T�JM FALEY, BRYAN GEMBUSIA, RICK REIGHr"iRD, DUFF
MANWEILER, & RON HAMILT(�N - 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.�,. Hawbaker,Nita Cook,Betty Szablewski, Cindy Dunbar, Doug&Helen Gale,
� Attorney Hubert Gilroy, Nancy Shaffer, Ed Shellehamer, Tim & Gary Heishman, Greg Leba,
,
� Brian McNew, Pzm Fisher, Bil: Bro�vn, R�n Borshimer, Brian T�ennicki, �Viliiam 8� Leona
Webb, Justin Doty, Gregory Kuhn, 3ohn Madden, Linda Semancik, Dan Sarokon, Linda Larson,
Joe Cress—"The Sentinel".
Chairman Faley called the meeting to ord�r a.6:00 pm.
PLEDGE OF ALLEGIANCE: I
Chainman Faley led the pledge of allegia.nce. '
• MOMENT OF SILENCE:
A moment of silence was observed for the Sandy Hook school shooting.
OPElVING ANNOUNCEMENTS:
It was announced that the meeting is recorded&to turn off cell phones.
�, MINUTF S: 11/29!12
i Bryan made a motion to approve the minutes. �.,,� sc;woncied, & tl?e 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:
Aitorney Hubert Gilroy was gresent ior the plan. The appiicant proposes to construct a 11,200
s.f. bu;lding along East Commerce Avenue. Mr. Giiroy stated that the plan was approved as a
Con�iiional Use �GET Leasing j. t� crscic repai:faciiity is pIanne�. �"here were no comirzents.
Modifieations: 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 6uilding; Allow the access drive to be 40 feet wide; Sidewalks;Curbs& Gutters, & Street
�
Q PETITIONER'S
W EXHIBIT
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Q
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 un�.nimous.
#2012-OQ13 JUNE K, OTTU—Final/Minor 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 af Rt. 174) & the
otr�er pazcel is approximately 38 acres (south ef Rt. 174). No improvements are proposed. There
were no public comments.
1Vlodifications: Prelimi:�ary Plan; Stermwater A.�anagement Pla�n; 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.
Brvan made a motion to approve #2012-0013, subject to the applicant's acceptance of stafi
comments. Ron seconded, &the vote in favor was unanimous.
#2012-0018 MAYAPI'LE—FINAL PRD—Public Hearing:
Mr. 1Vlislitsky �pene� ihe hear.ng. A court stenographer �as present�o 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.
#2�12-0016 ALI,BET'I'ER CARE—FinaUlVlinor�,and �evelopment:
Justin Doty & Brad ��v e�i��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 traffic
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 fo
open the facility by May. Mr. Doty stated that Mr. Wenger has a construction schedule that
� indicates the signal will be operational by April 19, 2013. Rick feels this issue should be
discussed in Feb/March instead of rushing the plan through. Duff disagreed from a business
st�tnd-poirit. Iie thi;ii:� the plzs. shoul3 proceed & likPs the idPa of h2ving the s�gnal on flash
before it becomes operational. The Board does not want stop signs installed — they prefer the
sigr�ai j� inst�lled. it was de�ided thai Duff Ric4c, & Bri�n 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.
Modifieation: 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 tiaffic signal be in flash mode
with discrepaney giver, to the Township Engineer & Supervisors to issue the occupancy permit
as determined. Duff seconded, &the vote in favor was unanimous.
#2012-0017 SUMMERBRIDGE GREEI� COMMiJNITY - Conditianal Use Puhlic
Hearing:
Mr. Mislitsky opened the hearing & 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 VVebb, Rockledge Drive, is concerned witl�� traffic & the
propcsed trafiic signal v.�ith i churcl�es�r.a sc,ccer field nearby. Healsc asked who is resp�nsible
for tl•�e signal. Leona Webb said that the developer should nat proceed with t�e project if the;e
are no funds for the signal. (BREAK)
Linda Semancik, Taucl-,sione Drive, asked about the commercial portion of the plan. Dan
Sarokon, Touchstone Drive, asked about screening from the Summertield Development.
The develoger will com� 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•v�.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 tra�c 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 Soiicitor reque�ted an Executive Sessior,io discuss pessi�le litiga;ior..
E�GINEER REP�P2`I':
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 Kenr,eth M. & Doris Bream Subdivision plan (#2012-OG04)has requested a
90-day time extension in order to continue ���orking w�ith DEP on the sewage planning moduie
approval & a conflict with the Eastern Spadefoot Taad 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 Richard R. Burgoon plan (#2�11-0023) is requesting the plan be re-approved.. Tom made a
motion to re-appr��ve t?�i� pian su4�ject ro criginal conditions. Bryan secon�ed; & the vate ir,
favor was unanimuus.
Skelly & Loy is requesting an in-kind contribution from SMI' for a project to study the Letort
Spring Run watershed. Duff made a motion te approve Resolution #?5 approving the in-kin�
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.
Th�s pian is cornpased o`two plans. Tl�e first pian was a subdivisicn wnich combi;,ed several
lots, some with homes on them. As a condition, the homes were to be demelished & financial
security submitted for that. The second was a land developmer�t plan which called for the
driveway, parking, & associated stormvvater management systern.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.
Pi��'VNI"�G�Z(;�'ING/�'O�F,S ENFOItC�MENT 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 Board. Letters of interest should be sent or emailed to the Board of
Corrunissioners at the courthouse.
PUBLIC INPUT:
�indy Dunbar asked a question regarding the Summerbridge Development.
SUPERVISOR'S DISCUSSION:
Rick wished everyone a Merry Christmas.
2013 REAL ESTATE FIRE TAX RATE—Resolution#26 of 2012: I
R��n �riade a mc,tion to appreve Resalutien�#25 app:oving tr.e 2013 Real Esiate Fire at 1.7 mills. i
Bryan seconded,&the vote in favor was unanimous.
I
� 2�13 CABLE FItA1�1�CHI5E FEE—Itesolution#2'7 of 2012:
; Bryan made a motien to approve Resolution#27 approvir�g t::e 2013 Cable Franchise Fee. Ron
' seconded, &the vote in favor was unanimous. '
2013 BUDGET—R.esolution#28 of 2012:
Rick ma�e a rr.otior. app.oving t�i� 2013 Budget. Ror. seconded, cx; the vote in favor was �
• 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 E:cecutive 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
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 reve�iue froin con�i�er�ial proper�ies. Duff said ihai former Townsnip Nianager Barb
Wilson has requested to join him in this venture. She wilt be voiunteering her time. The Board
agreed t�at th.is is a g�od idea & gave th�ir consent to Dufi ;e engage in this fi:r,draising
initiative.
Duffraised 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
Sur�-imerbridge that they �-ould be comfortable with. Ron agreed t:�at these negotiati�;�s should
be done early in the process, & Duff agreed. Cory cautioned that any wo:k or contribution done
by the Township v�ould 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
',uianimous.
WITNE,S: SOiJTH MID LE'i'ON TOWNS P
BO PE S
� eL��.�Ll� �� • �i,e.cC �
Sandra A. Q�uek�l,Tewnship Secretary Thomas . Faley;Chairrnan
.
Bry . Gembus' Vic 'Chai an �
�
�/ „ , _ �
G'� -�--;..� __.- --
Walter G. Reighar�;Ivlembc� �
� L
/
R, anweiler,Mem er
onal�P. H��riltan, ':ember
,
VERIFICATION
I, Randy L. Cramer, verify that the statements in the foregoing PETITION FOR ORDER
DIRECTING CO?vVEY ANCE OF REAL PROPERTY SQLD ON COI�T�RACT BY
DECEDENT are true and correct to the best of my knowledge and information I �elieve to be
true.
I understand that the statements herein are made subject to the penalties provided by 18
Pa. C.S.A. §4904 (relating to unsworn falsification to authorities).
I l� � I
� Dated: �v �� l
Randy L. Cram
CERTIFICATE OF SERVICE
I, David A. Mills, Esquire, hereby certify that I have served a true and correct copy of the
foregoing Petition for Order Directing Conveyance of Real Property Sold on Contract by Decedent,
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, BUP & RAUSCH, LLP
�
�
Dated: �� �c.T�i 3�'Z <,�,{ Y:
' A. Mi ls, Esq ire PA 37192
17 East Market Street
York, PA 17401
(717) 845-3674
Attorney for Petitioner, Randy L. Cramer