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Home My WebLink About12-22-14 J N_ 4= c rn a rn c� rn ci C-2 v, a ' r- ry -j am ;;N C-, ca David A. Mills, Esquire PA 37192 :7t Z3 BLAKEY, YOST, BUPP &RAUSCH, LLP 17 East Market Street York, PA 17401 1— (717) 845-3674 Attorneys for Petitioner, Randy L. Cramer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: No. 21-08-0544 ESTATE OF JUNE K. OTTO, Late of South Middleton Township, : Deceased PETITION FOR ORDER DIRECTING COMPLIANCE WITH DISCOVERY AND NOW, this 18th day of December, 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 Compliance with Discovery, pursuant to Supreme Court Orphans' Court Rule 3.6, Depositions, Discovery, Production of Documents and Perpetuation of Testimony, and Pa. R.C.P. No. 4019 (a)(1) (vii), 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, (hereinafter"Decedent"), which Will is dated May 11, 2007. 1 NA 3. On October 27, 2014, Petitioner, Randy L. Cramer, filed a Petition for Order Directing Conveyance of Real Property Sold on Contract by Decedent. 4. On October 29, 2014, the Court entered an Order that held, in pertinent part: 4. Discovery shall be served within thirty days of filing of the Answer. 5. Argument and an evidentiary hearing shall be held at 9:30 a.m./per. on the �3a day of January, 2015 in Court Room 3 of the Cumberland County Court House. BY THE COURT /S/ J. 5. On October 31, 2014, Petitioner, Randy L. Cramer, served a Request for Production of Documents for Inspection, Examination, and Photocopying, a copy of which is attached hereto as Exhibit 1. 6. No Answer was served and no documents were produced on or before December 1, 2014, as the thirtieth(30th) day was Sunday,November 30, 2014. 7. On December 11, 2014, counsel for Petitioner, Randy L. Cramer, wrote to counsel for Respondents, Edwin R. Otto and Patrick K. Myers, Co-Executors of the Last Will and Testament, of June K. Otto, deceased, asking to attend to discovery to avoid court involvement. See, Exhibit 2, attached hereto and made a part hereof. 8. No answer to the letter of counsel was received by Thursday, December 18, 2014. 9. A less than desirable alternative to production of documents from Respondents is the issuance of subpoenas to the following: a. Brehm—Lebo Engineering, Inc.; 2 b. Cumberland Geoscience Consultants, a Division of Duffield Associates; C. County, township, and school tax authorities; d. Cumberland County Planning Department; e. Janice Pace; f. Wolfe and Shearer; g. Vincent D. Mellott, Century 21 A Better Way; and h. South Middleton Township. 10. If this Court were to permit subpoenas to the aforesaid, then the Notice of Intent to Serve A Subpoena to Produce Documents and Things for Discovery, pursuant to Pa.R.C.P. No. 4009.21, which grants twenty (20) days from the date of the Notice to file of record and serve an objection to the subpoenas, while the subpoenas allow additional time in which to serve the Documents with a Certificate Prerequisite to Service of a Subpoena, pursuant to Pa.R.C.P, No. 4009.22. 11. Even if the Court were to allow discovery by Subpoena, and if the Notices were to issue on Monday, December 22, 2014, a request for the Subpoenas could not be made without objection until Tuesday, January 13, 2015, as the 20th day to file objections would fall on Sunday, January 11, 2015. 12. If a third party were not to comply with the Subpoena by the time of the hearing on January 23, 2015, then Petitioner would be prejudiced in his ability to submit evidence in support of the Petition for Order Directing Conveyance of Real Property Sold on Contract by Decedent. 13. Also, if Petitioner were directed to proceed via subpoena, then, none of the documents or exhibits of Respondents should be introduced at the hearing as none was produced timely. Wherefore, Petitioner, Randy L. Cramer, respectfully requests this Honorable Court to issue an Order of Court directing the Respondents, Edwin R. Otto and Patrick K. Myers, Co-Executors of the 3 Last Will and Testament, of June K. Otto, deceased, to comply with the Request for Production of Documents and serve an Answer and produce Documents or, in the alternative, issue an Order that permits Petitioner, Randy L. Cramer, to serve Subpoenas pursuant to Pa.R.C.P. No. 4009.21 et seq. and to preclude Respondents, Edwin R. Otto and Patrick K. Myers, Co-Executors of the Last Will and Testament, of June K. Otto, deceased, from introducing or relying upon exhibits at the hearing on January 23, 2015. Respectfully, BL , YOST, BUP &RAUSCH, LLP Dated: g1 eG!i�- Ct- .40 t'f y: a D id A Mills-,7S44Lre.PA 37192 17 East Market Street York, Pennsylvania 17401 (717) 845-3674 Attorneys for Petitioner, Randy L. Cramer 4 David A. Mills,Esquire PA 37192 BLAKEY, YOST.BUPP&RAUSCH,LLP 17 East Market Street York,PA 17401 (717)845-3674 Attorneys for Petitioner, Ranh L. Cramer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: No. 21-08-0544 ESTATE OF JUNE K.0-1 TO, Late of South Middleton Township, Deceased REQUEST FOR PRODUCTION OF DOCUMENTS FOR INSPECTION, EXAAHNATION,AND PHOTOCOPYING TO: Edwin R.Otto and Patrick K. Myers.,Executors of the Estate of June K.Otto,deceased Cio: Douglas Miller,Esquire Irwin&McKnight P.C. 60 West Pomfret Street Carlisle,PA 17013 This Request is made pursuant to the Order for Rule to Show Cause,dated,October 29,2014. "You"and"your"refers to Edwin R.Otto and Patrick K.Myers,Executors of the Estate of June K. Otto,deceased. The Request for Production of Documents is a continuing one. All documents secured after you have Answered this Request,which would have been included in your Answer had they been EXHIBIT W known or available at that time,are to be supplied seasonably. You shall serve a written Answer to this Request within thirty days after service of this Request upon you. Service shall be made as set forth in Pa.R.C.P.No. 440. The documents shall be produced for inspection,examination and copying at the offices of Blakey, Yost,Bupp&Rausch, 17 East Market Street, York,Pennsylvania no later than thirty days after service of this Request. Service of copies of the documents, made by the producer, at its expense, in lieu of producing the original documents,is an acceptable means of production. Please identify documents with respect to which objection is raised or privilege is claimed., When you identify a document,state the type of the document(e.g.a letter,contract,memorandum, etc.),its date,the name of the person or persons who prepared it,the name of the person or persons for whom it was prepared,to whom it was delivered,by whom it was received,the general subject matter of the document,its present location,custodian, and number of pages thereof. If a document was,but no longer is,in your possession or subject to your control,state what disposition was made of it, the date thereof, identify the person or persons responsible for such disposition, and the policy,rule,order or other authority by whLichsuch disposition was made. Please produce the following documents: 1. All appraisals,assessments,comparative market analyses,and other-valuations in the possession, custody or control of you,your attorneys, or any other person or entity acting on your behalf,showing,representing,or purporting to show the property at 331 East Old York Road(south 37 acres),Carlisle Pennsylvania. ANSWER: 2 2. All statements,signed statements,transcripts of recorded statements or interviews, recorded statements if not transcribed, or renderings of recorded statements if not transcribed verbatim taken of any party,person,or witness as part of the investigation of the subject matter of this litigation which is in the possession, custody or control of you,your attorneys or anyone else acting on your behalf. ANSWER: 3. All diaries,calendars,films,photographs,video recordings,diagrams,drawings,or any other writing now in the possession,custody or control of you,your counsel,or any other person acting on your behalf, made since the death of June K. Otto ofthb property at 331 East Old York Road(south—37 acres), Carlisle Pennsylvania. ANSWER: 4. AJI records pertaining to farm rental income of the property at 331 East Old York Read(south—37 acres),Carlisle Pennsylvania,paid since the death ofJuneK.Onto on IVITay 2,20G& ANSWER: 5. All tax Forms 1041 filed with the US Department of Treasury Internal Revenue Service and all Forms PA41 filed with the Pennsylvania Department of Revenue for tax periods beginning May 2,2008 until the present. -ANSWER: 3 �z a 6. All correspondence,letters,notes,memoranda,to and from Brehm-Lebo Engineering, Inc.,-as well as all surveys,plans,preliminary subdivision plans,final subdivision plans,wetlands studies, Phase I Environmental Assessments, Phase 11 Environmental Assessments, topographic studies, stormwater management reports, bills, invoices, statements, agreements, contracts and flings with local governmental authorities pertaining to the subdivision of the property at 331 East Old York Road(south—37 acres),Carlisle Pennsylvania. ANSWER: 7. All civil,environmental,and geotechnical engineering plans,engineering and science consulting service reports, correspondence, letters, notes, memoranda, to and from Duffield Associates,as well as all construction review and testing services,design and construction services, bills, invoices, statements, agreernents, contracts and filings with local governmental authorities pertaining to the subdivision of the property at 331 East Old York Road(south—.37 acnes),Carlisle Pennsylvania. ANS WEIR: 8. All tax bills for county,township,and school taxes on which you rely to make claim for prorated real estate taxes of the property at 331 East Old York Road(south—37 acres),Carlisle Pennsylvania from 2008 until 2013. ANSWER: 9. All documents and exhibits on which you intend to rely, or which you intend to 4 i introduce,at trial. ANSWER: Respectfully, Y,YOST,BYPP do RAUSCH,1LLP Dated: �2 BY- _Wid A. 'lls,Es ' 37192 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Petitioner, Randy L. Cramer i I 5 i CERTIFICATE OF SERVICE I, David A. Mills, Esquire, counsel for Petitioner, Randy L. Cramer., hereby certify that 1 i have,this date,served an original of the REQUEST FOR PRODUCTION OF DOCUMENTS FOR INSPECTION,EXAMINATION,AND PHOTOCOPYING,by mailing First Class Mail,postage prepaid as.follows: Douglas Miller,Esquire Irwin&McKnight,P.C. 60 West Ponftet Street Carlisle,PA 17013 I� BLAKEY,YOST,BUPP&RAUSCH, LLP Dated: By: e f . d A.Mills, EsquY37192 17 East Market Street York,PA 17401 (717) 845-3674 Attorneys for Petitioner,Randy L. Cramer 6 Donald B,1-loyt retired Charles A.Rausch B" Bradley J.Leber Donald H.Yost David A.Mills John J.Baranski,Jr. EWR Albert G.Blakey David B.Schaumann (1929-2012) Christopher J.King Blakey,Yost,Bupp&Rausch,LLP David Wm.Bupp Peter J.Haldeman Attorneys at Law (1938-2010) Joseph C.Korsak* *LL-44.,Labor December 11,2014 of Counsel Douglas Miller,Esquire Irwin&McKnight,P.C. 60 West Pomfret Street Carlisle;PA 17013 RE: Estate of: dune R. Otto,Deceased Court of: Common Pleas,Cu:,mbea°laad County,Pennsylvania Register No.: 21-08-0544 My Pale No.: G5-9 Dear Mr. ;Miller: I remind you that the Request for Production of Documents for Inspection, Examination, and Photocopying was served on October 31, 2014, requiring an Answer and the production of Documents on or before Monday,December 1,2014. I appreciate the fact that we discussed possible settlement on the nature of the cost to subdivide the"Southern tract"on a pro arta split of the cost for that Engineering work alone,had it been done commissioned in May of 2008, separate and apart from the actual costs to prepare and apply for subdivision plans with one or more building lots,but those settlement discussions outside&e court room on November 25,2014 should not be seen as obviating the requirement to attend to the discovery in this matter. Please attend to the discovery now to avoid court involve ent. Thank you. increly,� eja a id A. ' s BLAKEY,YOST,BUPP&RAUSCH,LLP Crscc: Randy Cramer Celebratinq Over 30 Yea0Y Excellence 17 East Market Street,York PA 17401 717-845-3674 Fax 717-854-7839 Visit our website at www.blakeyyost.com 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 COMPLIANCE WITH DISCOVERY, 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: B acid . m4, quire1 37192 17 East Market Street York, PA 17401 (717).845-3674 Attorney for Petitioner, Randy L. Cramer