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David A. Mills, Esquire PA 37192
BLAKEY, YOST, BUPP &RAUSCH, LLP
17 East Market Street
York, PA 17401
(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
OBJECTIONS OF PETITIONER TO
EXCEPTIONS TO ORDER OF COURT, DATED,JANUARY 23, 2015
AND NOW, this 17`" day of February, 2015, comes the Petitioner, Randy L. Cramer, by
counsel,David A. Mills, Esquire of Blakey,Yost,Bupp &Rausch,LLP,who files this objection to
the Exceptions to Order of Court, dated January 23, 2015, pursuant to Supreme Court Orphans'
Court Rule 7.2, Transcript of Testimony, as follows:
1. On January 23,2015,the Court heard testimony on which it issued an Order of Court,
entered on January 27, 2015.
2, On February 3,2015,Petitioner,Randy L. Cramer,complied with the Order of Court
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and served counsel for Respondents,Edwin R. Otto and Patrick K.Myers,Co-Executors of the Last
Will and Testament of June K. Otto, deceased with, inter alia, a letter, a check, and a request for a
copy of the draft Deed.See the attached Exhibit 1,copy of letter,dated,February 3,2015,Exhibit 2,
copy of Official Check, Exhibit 3, copy of fax from Stamy Farms, LLC, and Exhibit 4, copy of
Account.
3. On February 12, 2015, Respondents, Edwin R. Otto and Patrick K. Myers, Co-
Executors of the Last Will and Testament of June K. Otto,deceased,filed EXCEPTIONS TO ORDER OF
COURT DATED JANUARY 23,2015.
4. Paragraph 2 of the EXCEPTIONS TO ORDER OF COURT DATED JANUARY 23,2015 relies
upon the "testimony at trial ...."
5. Paragraph 3 of the EXCEPTIONS TO ORDER OF COURT DATED JANUARY 23,2015 relies
upon the "testimony at trial by Co-Executor Patrick Myers...."
6. Paragraph 7 of the EXCEPTIONS TO ORDER OF COURT DATED JANUARY 23,2015 relies
upon the "testimony of Respondent's witnesses...."
7. Supreme Court Orphans' Court Rule 7.2 provides in pertinent part, as follows: "All
exceptions shall contain a request designating a portion of the record to be transcribed in order to
enable the court to dispose of the exceptions."
8. Respondents,Edwin R.Otto and Patrick K.Myers,Co-Executors of the Last Will and
Testament of June K. Otto, deceased, did not designate a portion of the record to be transcribed to
enable the court to dispose of the exceptions.
Wherefore,Petitioner,Randy L. Cramer,respectfully requests this Honorable Court to issue
an Order finding that the failure to order the notes of testimony waives all issues in the EXCEPTIONS
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TO ORDER OF COURT DATED JANUARY 23,2015,and dismissing the Exceptions of the Respondents to
Order of Court, dated, January 23, 2015.
Respectfully,
BLAKEY, YOST, BUPP & RAUSCH, LLP
Dated: ljdro 001v By•
D id i s, Esqui 37192
17 ast Market Street
York, PA 17401
(717) 845-3674
Attorneys for Petitioner, Randy L. Cramer
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Donald B.Hoyt retired
Charles A.Rausch _
Bradley J.Leber Donald H.Yost
David A.MillsMR
John J.Baranski,Jr. 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.M.,Labor February 3,2015
of Counsel
Douglas Miller,Esquire
Irwin&McKnight,P.C.
60 West Pomfret Street
Carlisle,PA 17013
RE: Estate of: June K.Otto,Deceased
Court of: Common Pleas,Cumberland County,Pennsylvania
Register No.: 21-08-0544
My File No.: G5-9
Dear Mr.Miller:
In accordance with the Order of Court of the 23rd day of January 2015, enclosed please
find the following:
1. Official Check No. 0000989128 drawn by Members I" Federal Credit
Union payable to the order of Estate of June Otto in the amount of Seven Thousand Four
Hundred Forty-Three Dollars and 39 Cents($7,443.39);
2. A true and correct copy of the fax from Stamy Farms, LLC accounting of
the rent amounts paid to June Otto or her estate in 2008,2009,2010,2011 and 2012.
3. Account of Petitioner Randy L. Cramer of payment to the Estate of June
K. Otto,deceased,per Order of Court,dated,January 23, 2015.
Please send me a draft of the Deed for review before the Co-Executors sign. This letter is
to have no effect on the Objections to the First and Final Account and proposed Distribution of
Edwin R. Otto and Patrick K. Myers, Co-Executors of the Estate of June K. Otto, deceased.
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Sincerely,
a
avid A. ' Is
LAKEY, T,BUPP&RAUSCH, LLP
Enclosures
cc: Randy Cramer w/enc,
PETITIC}NER'S
Celebrating Over 30 years of Excetfence W EXHIBIT
17 East Market Street,York PA 17401 717-845-3674 Fax 717-854-7839
Visit our website at www.blakeyyost.com
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No. 00009.8912 8
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MEMBERS
/(��/(R Q Q �St Issued By:Moneygrarn Payment Sysfems,Inc:.
M MB RS P.O.Box 9476;Mlnneapolis MN 55480
aFEDERAL CREDIT UNION r Drawee: BOKF,NA
P,O BOX 40 EUFALILA,OK
Mechanicsburg,Pennsylvania.1,7055 49-55
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k** SEVEN THOUSAND FOUR HUNDRED' FORTY-THREE DOLLARS *** .
e** AND..39 ,CENTS *** $71443 ,39
Y EXACTLY 7 44 3 Dollars X 3 9 Cents
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rawer:MEMS RS 1 ST FEDERAL CREDIT UNION
1E ESTATE OF JUNE. OTTO
=R OF %TWO SIGNATURES REQUIRED FOR CHECK OVER$2,500.00
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a PETITIONER'S
EXHIBIT
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- 717 245 4612 01/211201.51,11 :59 #297 P.002100
From:usawc
STAMY FARMS LLC
1191 BAISH ROAD
MECHANICSBURG, PA 17055
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JANUARY 13, 2015
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THESE ARE THE RENT AMOUNTS THAT WERE PAID TO JUNE
OTTO OR HER ESTATE:
2008 $7,980.00 FOR 113.65 ACRES
2009 $15,456.40 FOR SAME ACRES
2010 $15,456.40 FOR SAME ACRES
2011 $15,456.40 FOR SAME ACRES
2012 $3,311.60 FOR 48.7 ACRES FOR HALF OF YEAR
SINCE IT WAS A WHEAT CROP
$1,628.60 FOR MEADOW AREA (HALF)
$1,628.60 FOR MEADOW AREA (LAST HALF)
TOTAL FOR 2012 $6,568.80
a PETITIONER'S
EXHIBIT
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ACCOUNT OF
PETITIONER, RANDY L. CRAMER
Re: Estate of June K. Otto, deceased
No: 21-08-0554
Per: Order of Court, January 23, 2015
Real Estate Taxes
Paid from 2008 through 2014 $19,554.44
20.5 % of
Subdivision costs incurred
By the Estate $ 8,898.72
Subtotal $28,453.16
Credit for Farm Rental Received for 23.5 acres of
Tillable land from 2008 through the present time
2008 $7,980 for 113.65 acres
$70.22 per acre for 23.5 acres $1,650.17
2009 $15,456.00 for 113.65 acres
$136.00 per acre for 23.5 acres $3,196.00
2010 $15,456.00 for 113.65 acres
$136.00 per acre for 23.5 acres $3,196.00
2011 $15,456.00 for 113.65 acres
$136.00 per acre for 23.5 acres $3,196.00
2012 $1,628.60 for meadow area
$1,628.60 for meadow area $3,257.20
2013 same as 2012 $3,257.20
2014 same as 2012 $3,257.20
Subtotal -21,009.77
TOTAL PAYMENT
FROM RANDY L. CRAMER
TO ESTATE OF JUNE K. OTTO
PER ORDER OF COURT $7,443.39
a PETITIONER'S
W EXHIBIT
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CERTIFICATE OF SERVICE
I, David A. Mills, Esquire, hereby certify that I have served a true and correct copy of the
foregoing Objections of Petitioner to Exceptions to Order of Court, dated January 23, 2015, 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
BLA Y, YOST, BUPP & BAUSCH, LLP
Dated: f � A� 1 BY:
av' A. Mills, Esquir PA 37192
17 East Market Street
York, PA 17401
(717) 845-3674
Attorney for Petitioner, Randy L. Cramer