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HomeMy WebLinkAbout05-22-07 , l' , . .' t! =- In Re: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF HOWARD C. GALE ORPHAN'S COURT DIVISION NO. 1998-629 PETITION FOR DECLARATORY JUDGMENT PETITION FOR DECLARATORY JUDGMENT AND NOW, come Petitioners, Michael J. Gale, Howard C. Gale, III, Ellen Michelle Gale, and Melissa G. Gale Lindeman, by and through their attorneys, Law Offices Stephen C. Nudel, PC, and respectfully state that: 1. Howard C. Gale ("Decedent") died on January 19, 1998, leaving a Will dated January 2, 1998, probated in the office of the Register of Wills of Cumberland County, Pennsylvania[)on ~70'} , -) August 5, 1998, to Probate Number 1998-629. A true and corr~ i 'J copy of the Will is attached hereto as Exhibit "A". 2 . The Fourth Paragraph of the Will states: "I give, devise and bequeath my entire interest in the Country Club Park Development Co., Inc. to Robert J. Trace, Esq., IN TRUST NEVERTHELESS, with the provision that all of the net income shall be paid over to my wife Julie F. Gale, for the remainder of her life and at her death, the Trust shall cease and the principal and the assets reduced to cash and the ~- , ~ .....,.. r' ) r~..) ~) ~ ) r -, 0', . '~l -"\ -- I 1....__ .f ') ~ . . f l . sum realized shall be divided equally among my grandchildren and step grandchild." 3. It is believed and therefore averred that as of the date of his Death, the Decedent's interest in Country Club Park Development Company, Inc., and therefore the corpus of the trust, was comprised of nine (9) parcels of real estate (collectively "Properties"). The nine (9) properties are identified as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 530 Fairway Drive 6 Fargreen Road 49 Circle Drive 22 Country Club Place 55 Circle Drive 520 Colony Road 7 Fargreen Road N 32~ Street Lot Chestnut St. Lot E. Pennsboro Township E. Pennsboro Township E. Pennsboro Township E. pennsboro Township E. pennsboro Township Hampden Township E. Pennsboro Township E. Pennsboro Township Borough of Camp Hill 09-20-1850-267 09-20-1850-110 09-20-1850-195 09-20-1850-133 09-20-1850-198 10-20-1848-338 09-20-1850-112 09-20-1850-246 01-21-0273-384. 4. Erected on each Property (except the N. 32nd Street Lot and the Chestnut Street Lot) are residential dwelling units rented and managed by Decedent during his lifetime through Country Club Park Development Company, Inc., and managed and rented through Country Club Park Development Company, Inc. after Decedent's death. 5. It is believed and therefore averred that, pursuant to the Fourth Paragraph of Decedent's Will, it was Decedent intent that, after the death of the income beneficiary, the Properties , } . . . would be sold, reduced to cash, and proceeds paid to the remaindermen. 6. The Fourth Paragraph of the Will directs the establishment of the Trust, hereinafter referred to as the "Country Club Park Trust." 7. The names of all persons having an interest, vested or contingent, in the Country Club Park Trust are as follows: Michael J. Gale 11 Meadow Road Chatham, NJ 07928 Grandchild/Remainderman Howard C. Gale, III 93 Reverknolls Avon, CT 06001 Grandchild/Remainderman Ellen Michelle Gale 2827 Cox Neck Road Chester, MD 21619 Grandchild/Remainderman Melissa G. Gale Lindeman 152 Holten Street Danvers, MA 01923 Grandchild/Remainderman Julie F. Gale 105 Fairway Drive Camp Hill, PA 17011 Income Beneficiary Anthony Rossognoli 138 Kathleen Lane Wyomissing, PA 19610 Step grandchild/Remainderman James D. Hughes, Esquire 354 Alexander Spring Rd. Suite A Carlisle, PA 17015 Successor Trustee 8. Petitioners are all Decedent's grandchildren as referenced in the Fourth Paragraph of the Will. The other beneficiary of the Fourth Paragraph is Decedent's step grandson. 9. Petitioners and Decedent's step grandson are the remaindermen under the terms of the will and the Country Club Park Trust. , t . 10. Julie F. Gale, Decedent's surviving spouse, is the income beneficiary of the Country Club Park Trust. 11. The Successor Trustee is James D. Hughes having been appointed by Court Order. APPOINTMENT OF SOCCESSOR TROSTEE 12. It is believed and therefore averred that at the time of Decedent's death, Robert J. Trace took control of the Properties as assets of Country Club Park Development Company, Inc., and as the Corpus of the Country Club Park Trust, pursuant to the terms of Decedent's Will. 13. Mr. Trace died on February 15, 2006. 14. After the date of Mr. Trace's death Petitioners learned for the first time that two (2) of the Properties, the properties identified as N. 32nd Street Lot and identified as Chestnut Street Lot (collectively "Lot Properties"), had been sold. 15. On April 28, 2006, Petitioners filed a Petition for Appointment of a Successor Trustee (hereinafter "Petition for Appointment") . 16. The Petition for Appointment averred that that Country Club Park Trust was established and that Robert J. Trace served as Trustee. . t . 17. The Petition for Appointment averred, in part, that, as of the date of the Petition, the assets of Country Club Park Trust included seven (7) parcels of real estate. The Petition for Appointment did not list or otherwise describe specifically the assets of the Country Club Park Trust. 18. On May 8, 2006, Julie F. Gale filed a Response to Petitioners' Petition for Appointment. 19. Pursuant to paragraph 6 of Julie F. Gale's Response, Julie F. Gale averred that the Country Club Park Trust did not exist. Julie F. Gale also averred that Country Club Park Development Company, Inc. was no longer an asset of Decedent's Estate. 20. Pursuant to paragraph 13 of Julie F. Gale's Response, Julie F. Gale admitted Petitioners' paragraph 13, agreeing that, as of the date of Petitioners' Petition for Appointment, Country Club Park Development Company, Inc. owned and managed six (6) apartment buildings and one (1) house (seven (7) properties). 21. On or about July 7, 2006, Julie F. Gale filed an Amended Response to the Petition for Appointment. 22. Pursuant to Julie F. Gale's Amended Response, Julie F. Gale admitted that the Properties known as 520 Colony Road and 7 Fargreen Road, along with the Lot Properties sold prior to the filing of the Petition for Appointment, were assets of Country . .. , Club Park Development Company, Inc., and assets of the Country Club Park Trust. 23. Pursuant to Julie F. Gale's Amended Response, Julie F. Gale averred that five of the Properties (collectively "Five Trust Properties") were not assets of Country Club Park Development Company, Inc. and not subject to the Country Club Park Trust. Julie F. Gale identified the Five Trust Properties as 530 Fairway Drive, East Pennsboro Township, 6 Fargreen Road, East Pennsboro Township, 49 Circle Drive, East Pennsboro Township, 22 Country Club Place, East Pennsboro Township, 55 Circle Drive, East Pennsboro Township. 24. After the filing of Julie F. Gale's Amended Response Petitioners conducted discovery. 25. Through discovery, it was confirmed that, Julie F. Gale was President of Country Club Park Development Company, Inc. and its sole stockholder. 26. Through discovery, it was confirmed that, contrary to the averments set forth in her Amended Response, Julie F. Gale, as President of Country Club Park Development Company, Inc., treated the Five Trust Properties as assets of Country Club Park Development Company, Inc. 27. Petitioners also learned that Julie F. Gale, in her private capacity, held the Five Trust Properties as assets of . Country Club Park Development Company, Inc. and acknowledged that the Five Trust Properties were subject to paragraph Fourth of Decedent's Will. 28. Through discovery, it was revealed that the proceeds from the sale of the two (2) Lot Properties were not fully accounted for in the records of Country Club Park Development Company, Inc., and it is believed and therefore averred that the sale proceeds were wrongly converted by Julie F. Gale to her personal assets. 29. Petitioners also learned that Julie F. Gale had received all the net proceeds from the operation of the Properties. 30. Petitioners also learned that the Properties were not maintained in a commercially reasonable manner. 31. Petitioners and Julie F. Gale entered into a Stipulation to settle the Petition for Appointment. 32. The Stipulation, among over provisions, preserved all issues, known and unknown, for later consideration by the Court. 33. An Order of Court was issued on December 7, 2006, wherein James D. Hughes was appointed Successor Trustee of the Country Club Park Trust. . 34. After the appointment of the Successor Trustee, Julie F. Gale turned over all stock in Country Club Park Development Company, Inc. to the Successor Trustee. 35. The whereabouts of the net proceeds from the sale of the Lot Properties between their respective dates of sale through the date of appointment of the Successor Trustee has not been disclosed by Julie F. Gale. However, on or about March 2007, Julie F. Gale paid or caused to be paid to the Successor Trustee the net proceeds, but not the gross proceeds, from the sale of the Lot Properties. 36. In addition to the net proceeds, as of March 2007, Julie F. Gale turned over control of the Trust Properties known as 520 Colony Road and 7 Fargreen Road to the Successor Trustee (collectively "Transferred Properties") . 37. Since the income beneficiary and the Petitioners disagree as to the status of the Five Trust Properties as Trust Property and disagree as to the amount owned to the Trust by Julie F. Gale as a result of the sale of the Lot Properties and her failure to maintain the Five Trust Properties and the Transferred Properties in a commercially reasonable manner, Petitioners request declaratory relief. 38. The Court may grant relief under 42 Pa. Cons. Stat. Ann. ~7531 et seq. . . . 39. A copy of this Petition has been sent to each of the forenamed parties by first class letter, a copy of which is attached hereto as Exhibit "B". COUNT I - THE FIVE TRUST PROPERTIES ARE ASSETS OF COUNTRY CLUB PARK DEVELOPMENT COMPANY, IRC. AND FOm<< THE CORPUS OF THE COUNTRY CLUB PARK TRUST 40. Paragraphs one (1) through thirty-nine (39) above are incorporated herein as if set forth at length. 41. The Five Trust Properties are assets of Country Club Park Development Company, Inc. and subject to distribution pursuant to paragraph Fourth of Decedent's Will. 42. The Five Trust Properties, although not deeded in the name of Country Club Park Development Company, Inc., were considered assets of Country Club Park Development Company, Inc., by Decedent. 43. The Five Trust Properties were held, accounted for, and considered by Decedent to be Country Club Park Development Company, Inc. property. 44. Prior to Decedent's death, Decedent, the sole stockholder of Country Club Park Development Company, Inc., treated the Five Trust Properties as assets of Country Club Park Development Company, Inc. 45. Based upon Decedent's actions and treatment of the Five Trust Properties during his lifetime, it is believed and . therefore averred that it was Decedent's intent that the Five Trust Properties be considered assets of Country Club Park Development Company, Inc. and be distributed pursuant to the Fourth Paragraph of Decedent's Will. 46. It is believed and therefore averred that Decedent's intention that the Five Trust Properties be considered assets of Country Club Park Development Company, Inc. was known to Robert J. Trace, Esquire. 47. Mr. Trace was Secretary of Country Club Park Development Company, Inc. prior to Decedent's death. 48. It is believed and therefore averred that prior to Decedent's death Mr. Trace treated in all respects the Five Trust Properties as assets of Country Club Park Development Company, Inc. 49. It is believed and therefore averred that after Decedent's death, Robert J. Trace, Esquire treated in all respects the Five Trust Properties as assets of Country Club Park Development Company, Inc., and he continued to conduct all business activity related to the Five Trust Properties in the name of Country Club Park Development Company, Inc. 50. It is believed and therefore averred that at the time of Decedent's death and pursuant to the terms of Decedent's . Will, Robert J. Trace took control of the Five Trust Properties as assets of Country Club Park Development Company, Inc. 51. It is believed and therefore averred that Mr. Trace, as Trustee, controlled the Five Trust Properties, and was consulted and involved in all business matters related to the Trust Properties until his death on February 15, 2006. 52. It is believed and therefore averred that Mr. Trace, as Trustee, distributed all net income derived from the Five Trust Properties to Julie F. Gale in accordance with paragraph Fourth of the Will. 53. It is believed and therefore averred that Mr. Trace maintained his control of the Five Trust Properties as Trustee of the Country Club Park Trust until the date of his death. 54. It is believed and therefore averred that Decedent's intention that the Five Trust Properties be considered assets of Country Club Park Development Company, Inc. was known to Julie F. Gale. 55. It is believed and therefore averred that after the date of Decedent's death, Julie F. Gale assumed the position of President of Country Club Park Development Company, Inc. 56. It is believed and therefore averred, that as President, Julie F. Gale treated the Five Trust Properties as assets of Country Club Park Development Company, Inc. . . 57. Julie F. Gale, in her private capacity, has identified the Five Trust Properties as assets of Country Club Park Development Company, Inc., and subject to distribution pursuant to the Fourth Paragraph of Decedent's Will. 58. The Five Trust Properties have been treated as assets of Country Club Park Development Company, Inc. by Decedent, Mr. Trace, and Julie F. Gale for more than twenty-five years. 59. The Five Trust Properties are subject to the Fourth Paragraph of Decedent's Will and are to be distributed pursuant to the Fourth Paragraph of Decedent's Will. WHEREFORE, Petitioners respectfully request that this Court declare that the Five Trust Properties are subject to distribution to the remaindermen pursuant to paragraph Fourth of Decedent's Will, respectfully request that this Court convey management and control of the Five Trust Properties to the Successor Trustee, and award Petitioners' costs of suit and attorney's fees. COUNT II - IN THE ALTERNATIVE, THE COUNTRY CLUB PARK TRUST HAS BEEN ESTABLISHED 60. Paragraphs one (1) through fifty-nine (59) above are incorporated herein as if set forth at length. 61. In the alternative, although not formally established, it is believed and therefore averred that Robert J. Trace did establish and fund the Country Club Park Trust by virtue of how he controlled the Properties. 62. After Decedent's death in accordance with Decedent's Will, Robert J. Trace, Esquire, acted as a trustee, acted as Executor of Decedent's Estate, and also served as a corporate officer of Country Club Park Development Company, Inc. 63. It is believed and therefore averred that Robert J. Trace, acting as Trustee, formed the Country Club Park Trust by establishing control over the Properties and by establishing control over the Country Club Park Development Company, Inc. stock. 64. It is believed and therefore averred that Mr. Trace, acting as Trustee, distributed the net income from the Properties to Julie F. Gale in accordance with paragraph Fourth of Decedent's Will. 65. It is believed and therefore averred that Mr. Trace, acting as Trustee, transferred all dividend income distributed by Country Club Park Development Company, Inc. to Julie F. Gale in accordance with paragraph Fourth of Decedent's Will. 66. It is believed and therefore averred that Mr. Trace, acting as Trustee, was consulted and participated in all management decisions related to the Trust Properties. . 67. Julie F. Gale directly benefited from the Country Club Park Trust by virtue of her receipt of the income from the Trust Properties and her receipt of the dividends distributed by Country Club Park Development Company, Inc. 68. The Country Club Park Trust has been established. 69. Julie F. Gale, by and through her position as President of Country Club Park Development Company, Inc., has improperly removed assets from the Corpus of the Country Club Park Trust as evidenced by her refusal to turn over to the Successor Trustee control of the Five Trust Properties. 70. As the Country Club Park Trust was formed by Mr. Trace, and the Corpus of the Country Club Park Trust formed by Mr. Trace consisted of among other assets, the Five Trust Properties, Julie F. Gale's refusal to turn control of the Five Trust Properties over to the Successor Trustee is an improper transfer of the assets of the Country Club Park Trust. Wherefore, Petitioners respectfully request that this Court declare that the Country Club Park Trust was established by Mr. Trace, that the Corpus of the Trust now consists of the Transferred Property, the Five Trust Properties, and the gross proceeds from the sale of the Lot Properties, and order Julie F. Gale to relinquish control of the Five Trust Properties to the Successor Trustee and pay to Petitioners' costs of suit and attorney's fees. COUN'l' III - TROST TO BE REIMBURSED FOR IMPROPER SALE OF LOT PROPERTIES 71. Paragraphs one (1) through seventy (70) above are incorporated herein as if set forth at length. 72. Pursuant to paragraph 13 of Julie F. Gale's Amended Response, Julie F. Gale admitted that the Lot Properties were sold. 73. The sale of the Lot Properties was improper. 74. The Lot Properties improperly sold are known as Lot No.1, Chestnut Street, Borough of Camp Hill and N. 32nd Street, Lot, East Pennsboro Township. 75. The Lot Property identified and known as Lot No.1, Chestnut Street, Borough of Camp Hill was sold on March 17, 2000. 76. The Trust Property identified and known as N. 32nd Street, Lot, East Pennsboro Township was sold on June 20, 2003. 77. Julie F. Gale orchestrated the sale of both properties. 78. Julie F. Gale knew or had reason to know that the Lot Properties were subject to paragraph Fourth of Decedent's Will. 79. As a result of Julie F. Gale's improper sale of the Lot Properties, Petitioners have been damaged. 80. Had Julie F. Gale not sold the Lot Properties, Petitioners would receive the market value of the Lot Properties at Julie F. Gale's death. 81. As a result of her improper sale of the Sold Properties, Julie F. Gale is responsible for all damages incurred by Petitioners as the result of Julie F. Gale's improper sale of the Lot Properties. WHEREFORE, Petitioners respectfully request that this Court declare that the sale of the Lot Properties was improper, declare that, as a result of the improper sale of the Lot Properties, Julie F. Gale is responsible for reimbursing the Country Club Park Trust for the future value of the Lot Properties, plus pay Petitioners' costs of suit and attorney's fees. COUNT IV - IN THE ALTERNATIVE, IF THE SALES OF LOT PROPERTIES WERE PROPER, THE GROSS AMOUNT REALIZED FROM THE SALE MUST BE PAID OVER TO THE TRUSTEE 82. Paragraphs one (1) through eighty-one (81) are incorporated herein as if set forth at length. 83. In the alternative, if the sales of the Lot Properties were proper, Julie F. Gale is responsible for paying over to the Trust the gross amount realized from the sales, and the costs of said sales should be borne by Julie F. Gale. . 84. The Lot Property identified and known as Lot No.1, Chestnut Street, Borough of Camp Hill was sold on March 17, 2000, for the Contract Sale Amount of $142,500.00. 85. The Lot Property identified and known as N. 32nd Street, Lot, East Pennsboro Township was sold on June 20, 2003, for the Contract Sale Amount of $55,000.00. 86. Julie F. Gale provided the Successor Trustee with the net proceeds of these sales, thereby charging the Country Club Park Trust with the costs of each sale. 87. Julie F. Gale's closing costs, including ,but not limited to commissions, transfer taxes and costs of survey were expenses she incurred and had wrongfully deducted from the trust assets. There is no authority for Julie F. Gale to charge any expenses to the Petitioners or other remainderman. 88. Julie F. Gale is required to account to the Country Club Park Trust, and pay to the Successor Trustee, the gross amount realized from the sale of the Lot Properties. WHEREFORE, Petitioners respectfully request that the Court declare that, if the sale of the Lot Properties was proper, Julie F. Gale must remit to the Successor Trustee an amount equal to the gross amount realized from the sale of the Lot Properties and award Petitioners' costs of suit and attorney's fees. .. COUNT V - FAILURE TO MAINTAIN TRUST PROPERTY 89. Paragraphs one (1) through eighty-eight (88) are incorporated herein as if set forth at length. 90. Julie F. Gale knew or should have known that the Properties were Properties subject to the Trust. 91. It is believed and therefore averred that Julie F. Gale is the President of Country Club Park Development Company, Inc. 92. It is believed and therefore averred that Julie F. Gale was the sole stock holder in Country Club Park Development Company, Inc. from at least the year 2000 through December 2006 when all shares were turned over to the Successor Trustee. 93. Julie F. Gale has not operated the Transferred Properties and the Five Trust Properties in a commercially reasonable manner. 94. Julie F. Gale has not maintained the Transferred Properties and Five Trust Properties so as to retain or maximize the value of the assets of Country Club Park Development Company, Inc. 95. The Transferred Properties and the Five Trust Properties are in a state of disrepair. 96. Julie F. Gale had a duty to maintain the Transferred Properties and the Five Trust Properties as a result of her r--- position as President, her control of those assets, and as a result of the fact that these assets were placed in trust for remaindermen. WHEREFORE, Petitioners respectfully request the Court declare that the Transferred Properties and the Five Trust Properties were not maintained in a commercially reasonable manner, and order Julie F. Gale to remit to the Successor Trustee sufficient funds to repair the Transferred Properties and the Five Trust Properties to a commercially reasonable condition, together with an Order directing Julie F. Gale to pay Petitioners' costs of suit and attorney's fees. Respectfully NUDEL, PC Date: 04-28-07 then C. Nudel, Esquire Attorney ID #41703 Andrew T. Kravitz, Esquire Attorney ID #80142 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Petitioners . EXHIBIT "A" , ': LAST WILL AND TESTAMENT . . .< and ~he assets reduced to cash and the sum rea11zed shall be divided equally among my grandchildren and step grandchild. FI:FTH: In the even,t that the property in, Dauphin County situated along the Linglestown Road near North Progress Avenue, consisting of 102 Acres, more or less, is sold on an agreement of sale over a period of Ten (10) years, I give devise and bequeath from the proceeds derived, the sum of Five Hundred Thousand ($500,000.OO) dollars to my son Howard C. Gale Jr., such sum to be paid to him over a period of Ten (10) years, not to exceed the sum of Vifty Thousand' ($50,000.00 dollars in anyone year. However, in the event that the Bankruptcy Cou,rt or any Court of record should determine that Howard C. Gale, Jr. owns any interest in Howard C. Gale Development Co., Inc., the bequest set forth 'in Paragraph Fifth shall fail and become null and void and shall become part of my residuary estate. SIXTH: All taxes shall be paid out of the proceeds of my estate as if they were expenses of administration. SEVENTH: I nom~nate and appoint Robert J.' Trace to be the Executor and Trustee of this, my Last Will and Testament and if he be deceased or incapable of serving, I then nominate Jean Seibert, Esq. of his office to be the Executrix and Trustee of this my'last Will and Testament. all to serve without bond. EIGHTH: I authorize and empower my Executor or Executrix, as the case may be, for the payment of debts or ~or any -2- . . . purpose of administration or distribution, at any time within Two (2) years from the date of my decease, to sell all or any of my real estate or personal property, at public or private sale, for such prices and ,upon such terms as to cash or credit as may be deemed best, without liability on the part of the purchasers to see to the apPlication of the purChase ~onies. This power shall not be considered to work a conversion of any real estate, until the power is actually exercised, nor shall this power be construed to extend the lien of debts. NINTH: I authorize my Executor or Executrix and' Trustee to conduct any business in which I am engaged, or in which I have an interest, at the time of my decease, except the Howard C. Gale Development Co;, Inc. which I have devised to my wife, for such period as he or she shall deem proper, with power to borrow money and pledge the a'ssets of the 'business and with power to do ~'ll other acts that I in 'my lifetime could have done, or to delegate suoh powers to any ~ partner, manager or employee, without liability for any loss occuring therein, pr9vided , however, that no asset of ~y estate. other than that which I have deVoted thereto at the time of my decease, shall be used therein or be liable for the debts and contracts of said business.I authorize my Executor or Executrix and Trustee to, make public sale or private sale of said business~ including the real and personal -3- ~ 11( 'l . . property thereof, at such times, and for such price or prices, and upon such terms as to cash or credit, with or without security for the purchase price, as may seem best and to execute all assignments, agreements or conveyances to the purchasers, without liability on the part of the purchasers to see to the ap~lication of the purchase money. TENTH: I authorize my, Executor or Executrix, as the case may be, to retain all stocks, bonds and other investments made by me for distribution in kind, or, in his or her discretion to sell and transfer the same, either ,in person or by a~torney, without liability on the part of the purchasers to see to the application of the putchase moneys. ELEVENTH: All the rest, residue and remainder, I give devise an~ bequeath to my Trustee, hereinbefore named, in TRUST NEVERTHELESS, and any income derived shall be paid 'on a quarterly basis to my wife JUlie F. Gale for life and at her decease, the principal, if any, shall. be distributed to Howard C. Gale, Jr., Suzanne'Gale and Leisa J. Kercher, their heirs and assigns, share and share alike. IN WITNESS WHEREOF, I have set ~~ day of January, 1998. my hand and seal ~his ~aJ e.j~ (SEAL) ~/2.~' , Witness Howard C. Gale ~ j 't :.u.4..A.NL ( j.~ Witness -4- S0"d %66 ~v:,,~ '::f~~C:-C:C:-~ljW . . O. CODONWEALTH OF PENNSYLVANIA I COUNTY OF CUMBERLAND Marqaret B. Trace , and , The Testat or and the witnesses, -- respectively, whose names are signed to the attached or foregoing instrument, being firBt duly osworn, do hereby declare to the undersigned authority that the Teetato.!.- signed and executed the in.trwDen~ as his Last Will and Testamnet and that _he had signed willingly (or willingly directed another to sign tor _) and that _ he executed it asl.!!..!.... free and voluntary act tor the purposes therein expressed, and that each of the . ~ wi tnessee t in the presence and hearing ot the Teetat ~ signed the Will as a witness and that to the best or his or her knowledge, the Testat ~ was at that eighteen (18) years of age 0 or older, ot sound mind and under no constraint or undue influence , and I, the said Te8tato~ do hereby acknowledge that I signed ando executed the instrument as my Last Will and Testament, that I signed it willingly, and that I signed it as my tree and voluntary act for the purposes therein ~xpressed. JkCMd- t it d T est at Q..Z:.- .'''-.,./ " ';l:::~ ~ /4. 'l~ WJ. tne 8 Ii o 0 .1.~ Wi tness . WE, Ho~ard c. 0 C?a~e. ~ Susan T. Newton , Subscribed, sworn to and acknowledged before me by Rowal"d c. Gl'!Ilp. ~he Te8tat~ and subecribed and sworn to beiore me by MarqarOet B. Trace and Susan T. Newi:nn witnesses, this 2nd day of .January , A. D. 19 98. ~~Ub1]c~ NOTARIAl.. SEAl IMRGAReTt ~ NoIarv PublIC ~ HII, PA GQmIJeit1Ind Co~ MY 00mmJist0n __ Aug. 7,2000 . s EXHIBIT liB" , >> -"--'-...'.~~.~~~.."7"'~,....,..~.~-- . . LAW OFFICES STEPHEN C. NUDEL, PC 219 Pine Street Hurisburg, Peunsylvania 17101 STEPHEN C. NUDBL ANDREW T. KRAVITZ (717) 236-5000 FAX (717) 236-5080 VIA CERTIFIED MAIL May 21, 2007 James D. Hughes, Esquire 354 Alexander Spring Rd. Suite A Carlisle, PA 17015 Re: Estate of Howard C. Gale No. 1998-629 Dear Mr. Hughes: Enclosed please find a copy of the Petition For Declaratory Judgment regarding the above captioned matter. ATK/jmr Enc. --_____._____._.c,_._~_~ ~--',:. :~~;:\ i:'-';\ : 'ilf~~i1'~~-'-~ --~ --- . LAW OFFICES i STEPHEN C. N[TIDEL, PC 219 Pine Street Harrisburg, Pennsylvania 17101 " STEPHEN C. NUDBL ANDREW T. KRAVITZ (717) 236-5000 FAX (717) 236-5080 VIA CERTIFIED MAIL May 21, 2007 Mr. Anthony Rossognoli 138 Kathleen Lane Wyomissing, PA 19610 Re: Estate of Howard C. Gale No. 1998-629 Dear Mr. Rossognoli: . . Enclosed please find a copy of the Petition For Declaratory Judgment regarding the above captioned matter ATK/jmr Ene. . . STEPHEN C. NUDBL ANDREW T. KRAVITZ VIA CERTIFIED MAIL Julie F. Gale 105 Fairway Drive Camp Hill, PA 17011 Dear Ms. Gale: -~~--'-~"-'.-'--'.....,-, ,"\:,-"" , 9 LAW OWlCES ; STEPHEN C. NUDEL, PC 219 Pine Street Harrisburg, PennsylvBDia 17101 (717) 236-SOOO FAX (717) 236-5080 May 21, 2007 Re: Estate of Howard C. Gale No. 1998-629 Enclosed please find a copy of the Petition For Declaratory Judgment regarding the above captioned matter. ATK/jmr Enc. //' , . , . . . In Re: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF HOWARD C. GALE ORPHAN'S COURT DIVISION NO. 1998-629 PETITION FOR DECLARATORY JUDGMENT CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Julie F. Gale 105 Fairway Drive Camp Hill, PA 17011 Anthony Rossognoli 138 Kathleen Lane Wyomissing, PA 19610 James D. Hughes, Esquire 354 Alexander Spring Rd. Suite A Carlisle, PA 17015 Date:5 -;< I-OJ ~ d w T. Kravitz, Attorney ID #80142 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney for Petitioners ~~-7T- .~-~~:I'!p'" . . . . ~ .. VERIFICATION I, Ellen Michelle Gale, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand th&t any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 04 - Zg -07 CWw~ Ellen Michelle Gale -, . , . . . .. .. VERIFICATION I, Melissa G. Gale Lindeman, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: oL{- 2'6 -' 07 ~ ~.kM, ~~.~ Melissa G. Gale Lindeman "'~-_. . .. It .. ) ( .. VERIFICATION I, Howard C. Gale, III, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: ~ ja/01 fI ~-/~ Howard C. Gale, III . !.._~--"---;- . . . . .. . ~ . .. ... VERIFICATION I, Michael J. Gale, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date, 5/1/0'7