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Home My WebLink About02-27-15 tr Fri F77 ;� C� .j Z:_7 David A. Mills, Esquire PA 37192 BLAKEY, YOST, BUPP &RAUSCH, LLP 17 East Market Street York, PA 17401 CIO 7 (717) 845-3674 Attorney 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 MOTION OF PETITIONER FOR ORDER OF CONTEMPT OF ORDERS OF COURT, DATED, JANUARY 23, 2015 AND NOW, this 26th 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 Motion for an Order of Contempt of the Orders of Court, dated, January 23, 2015, as follows: 1. On.January 23,2015,after hearing and argument,the Court issued an Order from the bench in the presence of counsel for Petitioner and Respondents. 2. On January 23,.2015, the Court also issued a written Order of Court, as follows: AND NOW,this 23'•d day of January,2015,after hearing,it is hereby ordered and directed as follows: 1 ,��T � - .. ,. f ` .. �1 .. },. \ _ � � ..a �' � �� ` .. .. L � � � j. i- ,, +� � �. I. The Executors shall transfer the land to Petitioner, Mr. Cramer, in accordance with the Agreement of Sale. 2. Petitioner is responsible to reimburse the estate in the amount of $19,554.44, representing real estate taxes paid from 2008 through 2014. 3. He shall reimburse the Estate in the amount of$8,898.72,representing 20.5 percent of the subdivision costs incurred by the Estate. 4. Mr. Cramer is entitled to a credit for the farm rental received for the 23.5 acres of tillable land from 2008 through the present time. By the Court, /s/ Edward E. Guido, J. 3. On January 27, 2015, the written Order of Court was entered and distributed to "Douglas G. Miller, Esquire, Attorney for Co-Executors of the Estate." 4. On February 3,2015,Petitioner,Randy L. Cramer,complied with the Order of Court 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. 5. 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. 6. Disposition of the Exceptions will have no effect on the Order to transfer the land to Petitioner, Randy Cramer, as no Exception was taken to that part of the Court's Order that ordered the Executors to "transfer the land to Petitioner, Mr. Cramer, in accordance with the Agreement of Sale." 2 7. Respondents,Edwin R.Otto and Patrick K.Myers,Co-Executors of the Last Will and Testament of June K. Otto, deceased, have violated the Order by failing to "transfer the land to Petitioner, Mr. Cramer, in accordance with the Agreement of Sale." 8. Until the land is transferred,Petitioner,Randy Cramer,is prevented from applying to the Cumberland County Assessment Office to receive the tax benefits provided under the Clean and Green program for the next tax year, as an application must be submitted by June 1 of the current year. Wherefore,Petitioner,Randy L. Cramer,respectfully requests this Honorable Court to issue an order directing Respondents,Edwin R. Otto and Patrick K.Myers,Co-Executors of the Last Will and Testament of June K. Otto, deceased, to answer and to appear before this court to show cause why they should not be adjudged in contempt of this court for violating the Order of this Court, dated, January 23, 2015, and the written Order of Court, entered on January 27, 2015. Respectfully, BLAKEY, YOST, BUPP BAUSCH, LLP Dated: o�� llo � Xaof,— By .1dI D vid A i s, Esquir A 37192 17 Market Street York, PA 1.7401 (717) 845-3674 Attorneys for Petitioner, Randy L. Cramer 3 o o •o a oe o e ae• No, 0000989128 St. Issued By MOneygq!T Payment Systems Inc V NYMBERS 0 Boz 9476,Minneapolis MN 55480 �EEDERALGREDITUNION Drawee: BOKF tJA P Q.BOX 40 EUFAULA,OK . Mechanicsburg Pennsyivania.1.7055 4s 5555 1431 DATE _ 01%29%15 . ** SEVEN• THOUSAND., FOUR HUNDRED FORTY, THREE 'DOLLARS *** GENTS ***. $7;443 .3:9. 443 Dollars EXACTLY 7 . 39 Cents :: oma , wu:, emu' OFMCIAL.CHECK. rawer:MEMB RS 1ST:FEDERAL CREDIT UNION E ESTATE OF JUNE. OT TO R 6F TwoSIGGNATURES.REQUIREpFORCHECKOVER.$2.500.00 11500009139 12811" 1: 103 100 5 5 11:0 1600 1 & 304 78 211° a PETITIONER'S EXHIBIT F N j J Q prom:usawc 717 245 4612 o11211201.5 11 :59 #291 F,uueluuc Y STAMY FARMS LLC 1191 BAISH ROAD _. MECHANICSBURG, PA 17055 JANUARY 13, 2015 THESE ARE THE RENT AMOUNTS THAT WERE PAID TO JUNE x OTTO OR HER ESTATE: 4 i 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 Q PETITIONER'S EXHIBIT J J Q • � < g .,'s ' i .. � r� .. 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 PETITIONER'S EXHIBIT CERTIFICATE OF SERVICE I, David A. Mills, Esquire, hereby certify that I have served a true and correct copy of the foregoing Motion of Petitioner for Order of Contempt of Orders 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 BLAKEY YOST, BUPP & BAUSCH, LLP Dated:696 `1 _� o2b'S B Da 'd ills Esquire 37192 17 East Market Street York, PA 17401 (717) 845-3674 Attorney for Petitioner, Randy L. Cramer t � A `