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HomeMy WebLinkAbout10-20-08;;~~? LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #20l 352 219 Pine Street Harrisburg, PA 17101 (717)236-5000 In Re: ESTATE OF HOWARD C. GALE ;.., ,. ^~ ~i } - '; ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 1998-629 PETITION FOR DECLARATORY JUDGMENT NOTICE OF APPEAL Notice is hereby given that Michael J. Gale, Howard C. Gale, III, Ellen Michelle Gale, and Melissa G. Gale Lindeman, Petitioners, above named, hereby appeals to the Superior Court from the Order entered in the above referenced matter on September 19, 2008. This Order has been entered in the docket as evidenced by the attached copy of the docket entry. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC A Date: ~~.~., i--) ~ ?..©~ ~ Steph n C. N el, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff A TRUE COPY FROM RECORD !n Testimony wherof, I hereunto set my hand and the seal of said Court at Carlisle, PA 'Phia~day ~ p 08 Cle h hens Cour~~~ Cumberland County 12025110162008 Cumberland County - Orphans Court ORC621 Case No 1998-00629 Case Name: GALE HOWARD C Age Docket Entries Filed 8/05/98 1 PETITION FOR PROBATE AND GRANT OF LETTERS TESTAMENTARY OATH OF PERSONAL REPRESENTATIVE DEATH CERTIFICATE 8/05/98 2 DECREE OF PROBATE AND GRANT OF LETTERS TESTAMENTARY 11/17/98 3 CERTIFICATION OF NOTICE UNDER RULE 5.6(A) 4/20/99 4 REV 1548 NOTICE INH TAX APPR JOINT ASSETS ACN 981212:23 Docket: 16 Book: Page: 15.00 1/04/00 5 STATUS REPORT 6.12 INCOMPLETE Pl~/16/2008 3/31/00 6 INHERITANCE TAX RETURN TAX DOCKET 16 PAGE 15 LINE 4 INVENTORY 3/31/00 7 INHERITANCE TAX PYMT PAID - 98,000.00 ACN - 101 RECEIPT - AA0407785 ROBERT J TRACE 9/20/00 8 APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO ISSUE A NOTICE OF APPRAISEMENT ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX. 9/22/00 9 ORDER - GEORGE E. HOFFER, P.J. RULE 1/04/01 10 INCOMPLETE STATUS REPORT 6.12 8/09/01 11 PETITION TO MAKE RULE ISSUED IN RESPONSE TO APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO ISSUE A NOTICE OF APPRAISEMENT ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX, ABSOLUTE. 8/16/01 12 ORDER - GEORGE E.HOFFER, P.J. 3/05/02 13 INCOMPLETE STATUS REPORT 6.12 1/16/04 14 PRAECIPE TO DISCONTINUE - JEAN D SEIBERT, ESQ 1/16/04 15 PRAECIPE FOR ENTRY OF APPEARANCE - VICKY ANN TRIMMER, ESQ 12025110162008 Cumberland County - Orphans Court Pagqe 2 ORC621 1D/16/2008 Case No 1998-00629 1/20/04 16 INCOMPLETE STATUS REPORT 6.12 10/07/04 17 REV 1547 NOTICE INH TAX APPRAISEMENT ACN 101 CREDIT $74,349.05 SEE INHERITANCE TAX EXPLANATION OF CHANGES 11/09/04 18 REV 1607 INH TAX STATEMENT OF ACCT ACN 101 PAID IN FULL REFUND 2/03/05 19 RULE 6.12 REMINDER LETTER MAILED TO ATTY & PERSONAL REPRESENTATIVE 2/07/05 20 STATUS REPORT 6.12 COMPLETE 2/09/05 21 STATUS REPORT 6.12 INCOMPLETE FILED LATE 3/28/05 22 REV-1604 INHERITANCE TAX RECORD ADJUSTMENT JOINTLY HELD OR TRUST ACN 04138993 PAID IN FULL 3/28/05 23 REV 483 NOTICE DETERMINATION FED EST TAX RETURN ACN 201 PAID IN FULL 4/01/05 24 REV736 NOTICE OF DETER FED CLOSING LETTER ACN 202 PAID IN FULL 4/18/05 25 STATUS REPORT 6.12 COMPLETE - FILED BY PERSONAL REPRESENTATIVE 4/28/06 26 PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE 5/08/06 27 ORDER OF COURT DATED 5/4/06 IN RE: PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE IN ACCORDANCE WITH 20 PACONSTAT 7101 A RULE IS ISSUED ALL INTERESTED PARTIES TO SHOW CAUSE WHY THE F~ELIEF REQUEST REQUESTED SHOULD NOT BE GRANTED, RULE RETURNABLE WITHIN 20 DAYS OF SERVICE. BY THE COURT, J WESLEY OLER, J. 5/12/06 28 RETURN RECEIPT TO JULIE F GALE RECEIVED ON 5/9/06 5/12/06 29 RETURN RECEIPT TO ANTHONY ROSSOGNOLI RECEIVED ON 5/10/06 5/15/06 30 RETURN RECEIPT TO HOWARD C GALE III RECEIVED ON 5/10/06 5/15/06 31 RETURN RECEIPT TO MILISSA G GALE RECEIVED ON 5/13/06 5/15/06 32 RETURN RECEIPT TO STEPHEN C NUDEL, ESQ RECEIVED ON 05/15/06 5/22/06 33 RETURN RECEIPT TO MICHAEL J GALE RECEIVED ON 5/20/06 12025110162008 Cumberland County - Orphans Court ORC621 Case No 1998-00629 5/22/06 34 RESPONSE TO PETITION AND RULE TO SHOW CAUSE P10/16/2008 5/23/06 35 RETURN RECEIPT TO ELLEN MICHAEL GALE RECEIVED ON 5/20/06 5/23/06 36 PRAECIPE FOR ENTRY OF APPEARANCE BY JAMES D CAMERON ON BEHALF OF LEGACY TRUST COMPANY 6/07/06 37 ORDER OF COURT DATED 06-02-06 IN RE: RESPONSE TO PETITION AND RULE TO SHOW CAUSE UPON CONSIDERATION OF THE PETITION FOR APPOINTMENT OFSUCCESSOR TRUSTEE AND OF THE RESPONSE TO PETITION AND RULE TO SHOW CAUSE A HEARING IS SCHEDULED FOR THURSDAY JULY 20 2006 AT 1:30PM IN COURTROOM NO 1 BY THE COURT J WESLEY OLER JR-JUDGE 7/07/06 38 PETITION TO FILE AMENDED RESPONSE 7/10/06 39 ORDER OF COURT DATED 7/7/06 IN RE: PETITION TO FILE AMENDED RESPONSE. THE PETITION IS GRANTED. BY THE COURT, J WESLEY OLER, J. 7/19/06 40 ORDER OF COURT DATED 07-19-06 IN RE: PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE UPON CONSIDERATION OF THE ATTACHED LETTER FROM STEPHEN NUDEL ATTORNEY FOR PETITIONERS AND DAVID RADCLIFF ATTORNEY FOR RESPONDENT THE HEARING PREVIOUSLY SCHEDULED IN THE ABOVE MATTER FOR JULY 20 2006 IS RESCHEDULED TO THURSDAY OCTOBER :12 2006 AT 1:30 PM IN COURTROOM NO 1 BY THE COURT J WESLEY OLER JR-J1:JDGE 8/03/06 41 AMENDED RESEPONSE TO PETITION AND RULE TO SHOW CAUSE 11/02/05 42 STATUS REPORT 6.12 COMPLETE 10/12/06 43 REVOCATION OF CONSENT DIRECTOR OF TRUST SERVICES, LEGACY TRUST COMPANY 10/12/06 44 STIPULATION REGARDING THE APPOINTMENT OF A SUCCESSOR TRUSTEE WITH RESPECT TO MAINTAINING A STATUS QUO 11/22/06 45 PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE 12/06/06 46 MOTION FOR TRUSTEES APPOINTMENT 12/08/06 47 ORDER DATED 12/07/06 IN RE PETITION OF JULIE F GALE WITH THE ACCEPTANCE OF TRUSTEESHIP ATTACHED JAMES D HUGHES IS APPOINTED SUCCESSOR TRUSTEE OF THE TRUST ESTABLISHED UNDER THE FOURTH PARAGRAPH OF THE WILL DATED JANUARY 2 1998 OF HOWARD C GALE DECEASED WITHOUT THE LIABILITY FOR THE ADMINISTRATION OF ROBERT J TRACE DECEASED SECURITY IS NOT REQUIRED TO BE POSTED BY THE TRUSTEE BY THE COURT J WESLEY OLER JR JUDGE 12025110162008 Cumberland County - Orphans Court Page 4 ORC621 10/16/2008 Case No 1998-00629 12/26/06 48 PETITION FOR TRANSFER OF STOCK 1/03/07 49 ORDER DATED 1/2/07 IN RE PETITION OF JULIE F GALE FOR TRANSFER OF STOCK FROM THE ABOVE ESTATE IT IS ORDERED THAT THE SHARES OF STOCK IN COUNTRY CLUB PARK DEVELOPMENT CO INC BE TRANSFERRED TO JAMES D HUGHES TRUSTEE AND THAT THE SHARES OF STOCK IN HOWARD C GALE DEVELOPMENT CO INC BE TRANSFERED TO JULIE E GALE THAT THE TRANSFERS BE RECORDED IN THE RECORDS OF THE RESPECTIVE CORPORATION AND THAT A COPY OF THE ORDER BE ATTACHED TO THE SHARE CERTIFICATES SO ISSUED BY THE COURT J WESLEY OLER JUDGE 5/22/07 50 PETITION FOR DECLARATORY JUDGEMENT CAJ 7/17/07 51 ORDER OF COURT DATED 07/13/07 IN RE PETITION FOR DECLARATORY ELDENEMICHELLE GALEEANDIMEELISSAIGHGALEJLINDEMANWARRULEGISEHEREBY ISSUED UPON JULIE F GALE AND ALL OTHER INTERESTED PARTIES TO SHOW CAUSE WHY THE RELIEF REQUESTED IN THE PETITON SHOULD NOT BE GRANTED RULE RETURNABLE WITHIN 20 DAYS OF SERVICE PETITIONERS COUNSEL SHALL BE RESPONSIBLE FOR SERVICE OF THIS RULE UPON JULIE F GALE AND ANY OTHER INTERESTED PARTY OR UPON THE COUNSEL OF RECORD OF ANY PARTY REPRESENTED OF RECORD PROOF OF SUCH SERVICE SHALL BE FILED OF RECORD BY THE COURT J WESLEY OLER JR JUDGE WSZ 8/06/07 52 SHERIFF'S RETURN DATE: 08/01/07 DOCUMENT: ORDER OF COURT SERVED BY: WILLIAM CLINE METHOD OF SERVICE: HANDING DATE OF SERVICE: 08/01/07 AJW 8/06/07 53 SHERIFF'S RETURN DATE: 08/01/07 DOCUMENT: ORDER OF COURT SERVED BY: KENNETH GOSSERT METHOD OF SERVICE: HAND DELIVERED DATE OF SERVICE: 08/02/07 AJW 8/16/07 54 AFFIDAVIT OF SERVICE JAA 8/22/07 55 ANSWER OF RESPONDENT JULIE F GALE TO PETITION FOR DECLARATORY CADGMENT 8/28/07 56 PRAECIPE TO SUBSTITUTE VERIFICATION CAJ 12025110162008 Cumberland County - Orphans Court Pa e 5 ORC621 l~/16/2008 Case No 1998-00629 10/30/07 57 PRAECIPE FOR WITHDRAWAL OF APPEARANCE ANDREW T KRAVITZ PRAECIPE FOR ENTRY OF APPEARANCE BRET KEISLING CAJ 1/03/08 58 HEARING ORDER DATED 12/31/07 IN RE PETITION FOR DECLARATORY JUDGMENT A HEARING IS SCHEDULED FOR WEDNESDAY 02/27/08 AT 2:30PM IN COURTROOM NO 1 PETITIONERS SHALL BE RESPONSIBLE FOR SERVICE OF THIS ORDER UPON ALL INTERESTED PARTIES AND PROOF OF SERVICE SHALL BE FILED OR RECORD BY THE COURT J WESLEY OLER JR JUDGE COPIES MAILED 01/04/08 JAA 1/10/08 59 PROOF OF SERVICE WSZ 2/01/08 60 ORDER OF COURT DATED 02/01/08 IN RE PETITION FOR DECLARATORY JUDGEMENT ORDER OF COURT IN RE UPON CONSIDERATION OF THE ATTACHED LETTER FROM BRET KEISLING ESQ ATTORNEY FOR PETITIONERS THE HEARING PREVIOUSLY SCHEDULED IN THE ABOVE MATTER FOR 02/27/08 IN CONTINUED COUNTYRCOURTHOUSE/CARLISLE3PAPPETITIONERSO6HAL~ BECRESPONLSIBLE FOR SERVICE OF THIS ORDER UPON ALL INTERESTED PARTIES AND PROOF OF SERVICE SHALL BE FILED OF RECORD BY THE COURT J WESLEY OLER JR JUDGE COPIES MAILED 02/01/08 JAA 2/19/08 61 PROOF OF SERVICE JAA 3/18/08 62 ORDER OF COURT DATED 03/18/08 IN RE PETITION FOR DECLARATORY ATD1E30NPMAINECOURTROOMHNOABOPETITIONERSSSHALLDBEERESPONSIBLE/FOR SERVICE OF THIS ORDER UPON ALL INTERESTED PARTIES AND PROOF OF SERVICE SHALL BE FILE OF RECORD COPIES MAILED 03/18/08 JAA 3/31/08 63 PROOF OF SERVICE JAA 6/04/08 64 ORDER OF COURT DATED 3/13/08 IN RE PETITION FOR DECLARATORY JUDGEMENT FOLLOWING AN INITIAL DAY OF HEARING WHICH HAS NOT YET BEEN COMPLETED THE RECORD SHALL REMAIN OPEN AND COUNSEL ARE REQUESTED TO CONTACT THE COURTS SECRETARY FOR PURPOSES OF SCHEDULING A FURTHER PERIOD OF HEARING IT IS NOTED THAT AS OF THE TIME OF ADJOURNMENT ON TODAYS DATE THE PETITIONER HAD SECURED THE ADMISSION OF PETITIONERS EXHIBITS 1-55 AND RESPONDENT HAD SECURED THE ADMISSION OF RESPONDENTS EXH 1 NO OTHER EXHIBITS HAD BEEN IDENTIFIED OR ADMITTED IT IS FURTHER NOTED THAT AT TH:E TIME OF (NEXT) 6/04/08 65 (CONY) ADJOURNMENT ON TODAYS DATE PETITIONERS WERE STILL 12025110162008 Cumberland County - Orphans Court Page 6 ORC621 10/16/2008 Case No 1998-00629 PRESENTING THEIR CASE IN CHIEF AND JULIE F GALE WAS BEING SUBJECTED TO CROSS-EXAMINATION BY RESPONEDENTS COUNSEL HAVING BEEN CALLED AS OF CROSS BY PETITIONERS -BY THE COURT J WESLEY OLER JR J COPIES MAILED 6/4/08 VIA USPS CAJ 6/10/08 66 TRANSCRIPT OF PROCEEDINGS HELD BEFORE THE HONORABLE J WESLEY OLER JR JUDGE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA ON' MARCH 13 2008 IN COURTROOM NO 1 WSZ 6/26/08 67 PRAECIPE FOR WITHDRAWAL OF APPEARANCE - DENNIS J BONETTI ESQ FOR JULIA F GALE 6/30/08 68 ORDER OF COURT DATED 06/18/08 IN RE PETITION FOR DECLARATORY JUDGMENT IT APPEARING THAT THE RESPONDENT WISHES TO PRESENT FURTHER EVIDENCE WITH RESPECT TO CERTAIN DEEDS AND ARTICLES OF INCORPORATION AND MERER AND THE PETITIONER HAVING NOT CONCEDED THAT THE RESPONDENT'S EXHIBIT NOS 2 3 4 5 6 AND 7 REPRESENT THE CURRENT STATE OF THE RECORD WITH RESPECT TO THE PROPERTIES AND OTHER MATTERS TO WHICH THESE RELATE THE RECORD SHALL REMAIN OPN PRUPOOSESSOF SCHEDULQINGTADFURTHERTPERIODEOFOHEARINGECRTTASYNO~ED THAT AS OF THE TIME OF ADJOURNMENT ON TODAY'S DATE PETITIONER HAD 6/30/08 69 CON'T SECURED THE ADMISSION OF RESPONDENT'S EXHIBITS 1 THROUGH 7 IT IS NOTED THAT BOTH COUNSEL HAVE REQUESTED THAT A TRANSSCRIPT OF TODAY'S PROCEEDINGS BE PREPARED AND FILED BY THE STENOGRAPHER BY THE COURT J WESLEY OLER JR J SERVICE MAILED VIA USPS ON 06/30/08 AJW 7/18/08 70 TRANSCRIPT DATED 06/18/08 IN RE RESUMPTION OF HEARING AJW 7/28/08 71 STIPULATION AJW 7/30/08 72 ORDER DATED 07/30/08 IN RE STIPULATION IT IS HEREBY ORDERED THAT THE RECORD IN THIS MATER BE CLOSED AND THAT BOTH SIDES WILL SUBMIT SUPPORTING BRIEFS NO LATER THAN 09/02/08 BY THE COURT J WESLEY OLER JR J COPIES MAILED VIA USPS ON 07/30/08 AJW 9/19/08 73 ORDER OF COURT DATED 09/19/08 IN RE ADJUDICATION AND OPINION OF COURT UPON CONSIDERATION OF THE PETITION FOR DECLARATORY JUDGEMENT FILED BY SEVERAL GRANDCHILDREN OF THE TESTATOR HOWARD C GALE SEEKING A DECLARATION THAT PROPERTIES IN CUMBERLAND COUNTY PENNYSLVANIA WITH ADDRESSES OF 6 FARGREEN ROAD 55 CIRCLE DRIVE 22 COUNTRY CLUB PLACE WEST 49 CIRCLE DRIVE AND 530 FAIRWAY DRIVE CAMP HILL OWNED BY HOWARD C GALE DEVELOPMENTAL CO INC WERE ENCOMPASSED BY A GIFT TO THEM IN THE TESTATOR'S WILL OF HIS INTEREST IN COUNTRY CLUB PARK DEVELOPMENT CO INC AND WERE NOT ENCOMPASSED BY A 12025110162008 Cumberland County - Orphans Court Pa e 7 ORC621 1/16/2008 Case No 1998-00629 GIFT TO THE TESTATOR'S SPOUSE IN THE TESTATOR'S WILL OF HIS 9/19/08 74 CON'T INTERST IN HOWARD C GALE DEVELOPMENTAL CO INC FOLLOWING A HEARING HELD ON 03/13/08 AND 06/18/08 AND FOR THE REASONS STATED IN THE ACCOMPANYING OPINION AND THE PETITION IS DENIED BY THE COURT J WESLEY OLER JR J COPIES MAILED VIA USPS ON 09/19/08 AJW PROOF OF SERVICE OF NOTICE OF APPEAL 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: Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Rd., Suite 201 Lemoyne, PA 17043-1145 Date: ~~~ r-~ \ Z~£ ,',' Br 'sli g, Esquire A TRUE COPY FROAA RECORD In Testimony wherof, I hereunto set my hand and the seal of said Court at Carlisle, PA Th aY )~o~~'. J Cle a rphans CouR Cumberland County 16123210202008 Cumberland County - F.egister Of Wills Pa e 1 ROW621 File No 1998-00629 Decedent GALE HOWARD C Docket Entries 10/20/2008 PA File No 2198-00629 D/E Date No. Filed 001 08/05/98 PETITION FOR PROBATE AND GRANT OF LETTERS TESTAMENTARY OATH OF PERSONAL REPRESENTATIVE DEATH CERTIFICATE 002 08/05/98 DECREE OF PROBATE AND GRANT OF LETTERS TESTAMENTARY 003 11/17/98 CERTIFICATION OF NOTICE UNDER RULE 5.6(A) 004 04/20/99 REV 1548 NOTICE INH TAX APPR JOINT ASSETS ACN 98121223 Docket: 16 Book: Page: 15.00 005 01/04/00 STATUS REPORT 6.12 INCOMPLETE 006 03/31/00 INHERITANCE TAX RETURN TAX DOCKET 16 PAGE 15 LINE 4 INVENTORY 007 03/31/00 INHERITANCE TAX PYMT PAID - 98,000.00 ACN - 101 RECEIPT - AA0407785 ROBERT J TRACE 008 09/20/00 APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO ISSUE A NOTICE OF APPRAISEMENT ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX. 009 09/22/00 ORDER - GEORGE E. HOFFER, P.J. RULE 010 01/04/01 INCOMPLETE STATUS REPORT 6.12 Oll 08/09/01 PETITION TO MAKE RULE ISSUED IN RESPONSE TO APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO ISSUE A NOTICE OF APPRAISEMENT ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX, ABSOLUTE. 012 08/16/01 ORDER - GEORGE E.HOFFER, P.J. 013 03/05/02 INCOMPLETE STATUS REPORT 6.12 014 01/16/04 PRAECIPE TO DISCONTINUE - JEAN D SEIBERT, ESQ 015 01/16/04 PRAECIPE FOR ENTRY OF APPEARANCE - VICKY ANN TRIMMER, ESQ 16123210202008 Cumberland County - Register Of Wills Pa e 2 ROW621 File No 1998-00629 Decedent GALE HOWARD C 016 01/20/04 INCOMPLETE STATUS REPORT 6.12 10/20/2008 PA File No 2198-00629 017 10/07/04 REV 1547 NOTICE INH TAX APPRAISEMENT ACN 101 CREDIT $74,349.05 SEE INHERITANCE TAX EXPLANATION OF CHANGES 018 11/09/04 REV 1607 INH TAX STATEMENT OF ACCT ACN 101 PAID IN FULL REFUND 019 02/03/05 RULE 6.12 REMINDER LETTER MAILED TO ATTY & PERSONAL REPRESENTATIVE 020 02/07/05 STATUS REPORT 6.12 COMPLETE 021 02/09/05 STATUS REPORT 6.12 INCOMPLETE FILED LATE 022 03/28/05 REV-1604 INHERITANCE TAX RECORD ADJUSTMENT JOINTLY HELD OR TRUST ACN 04138993 PAID IN FULL 023 03/28/05 REV 483 NOTICE DETERMINATION FED EST TAX RETURN ACN 201 PAID IN FULL 024 04/01/05 REV736 NOTICE OF DETER FED CLOSING LETTER ACN 202 PAID IN FULL 025 04/18/05 STATUS REPORT 6.12 COMPLETE - FILED BY PERSONAL REPRESENTATIVE 026 04/28/06 PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE 027 05/08/06 ORDER OF COURT DATED 5/4/06 IN RE: PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE IN ACCORDANCE WITH 20 PACONSTAT 7101 A RULE IS ISSUED ALL INTERESTED PARTIES TO SHOW CAUSE WHY THE RELIEF REQUEST REQUESTED SHOULD NOT BE GRANTED, RULE RETURNABLE WITHIN 20 DAYS OF SERVICE. BY THE COURT, J WESLEY OLER, J. 028 05/12/06 RETURN RECEIPT TO JULIE F GALE RECEIVED ON 5/9/06 029 05/12/06 RETURN RECEIPT TO ANTHONY ROSSOGNOLI RECEIVED ON 5/10/06 030 05/15/06 RETURN RECEIPT TO HOWARD C GALE III RECEIVED ON 5/10/06 031 05/15/06 RETURN RECEIPT TO MILISSA G GALE RECEIVED ON 5/13/06 16123210202008 Cumberland County - Register Of Wills Pa e 3 ROW621 File No 1998-00629 Decedent GALE HOWARD C 10/20/2008 PA File No 2198-00629 032 05/15/06 RETURN RECEIPT TO STEPHEN C NUDEL, ESQ RECEIVED ON 05/15/06 033 05/22/06 RETURN RECEIPT TO MICHAEL J GALE RECEIVED ON 5/20/06 034 05/22/06 RESPONSE TO PETITION AND RULE TO SHOW CAUSE 035 05/23/06 RETURN RECEIPT TO ELLEN MICHAEL GALE RECEIVED ON 5/20/06 036 05/23/06 PRAECIPE FOR ENTRY OF APPEARANCE BY JAMES D CAMERON ON BEHALF OF LEGACY TRUST COMPANY 037 06/07/06 ORDER OF COURT DATED 06-02-06 IN RE: RESPONSE TO PETITION AND RULE TO SHOW CAUSE UPON CONSIDERATION OF THE PETITION FOR APPOINTMENT OFSUCCESSOR TRUSTEE AND OF THE RESPONSE TO PETITION AND RULE TO SHOW CAUSE A HEARING IS SCHEDULED FOR THURSDAY JULY 20 2006 AT 1:30PM IN COURTROOM NO 1 BY THE COURT J WESLEY OLER JR-JUDGE 038 07/07/06 PETITION TO FILE AMENDED RESPONSE 039 07/10/06 ORDER OF COURT DATED 7/7/06 IN RE: PETITION TO FILE AMENDED RESPONSE. THE PETITION IS GRANTED. BY THE COURT, J WESLEY OLER, J. 040 07/19/06 ORDER OF COURT DATED 07-19-06 IN RE: PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE UPON CONSIDERATION OF THE ATTACHED LETTER FROM STEPHEN NUDEL ATTORNEY FOR PETITIONERS AND DAVID RADCLIFF ATTORNEY FOR RESPONDENT THE HEARING PREVIOUSLY SCHEDULED IN THE ABOVE MATTER FOR JULY 20 2006 IS RESCHEDULED TO THURSDAY OCTOBER 12 2006 AT 1:30 PM IN COURTROOM NO 1 BY THE COURT J WESLEY OLER JR-JUDGE 041 08/03/06 AMENDED RESEPONSE TO PETITION AND RULE TO SHOW CAUSE 042 11/02/05 STATUS REPORT 6.12 COMPLETE 043 10/12/06 REVOCATION OF CONSENT DIRECTOR OF TRUST SERVICES, LEGACY TRUST COMPANY 044 10/12/06 STIPULATION REGARDING THE APPOINTMENT OF A SUCCESSOR TRUSTEE WITH RESPECT TO MAINTAINING A STATUS QUO 045 11/22/06 PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE 046 12/06/06 MOTION FOR TRUSTEES APPOINTMENT 16123210202008 Cumberland County - Register Of Wills Pa e 4 ROW621 g 10/20/2008 File No 1998-00629 PA File No 2198-00629 Decedent GALE HOWARD C 047 12/08/06 ORDER DATED 12/07/06 IN RE PETITION OF JULIE F GALE WITH THE ACCEPTANCE OF TRUSTEESHIP ATTACHED JAMES D HUGHES IS APPOINTED SUCCESSOR TRUSTEE OF THE TRUST ESTABLISHED UNDER THE FOURTH PARAGRAPH OF THE WILL DATED JANUARY 2 1998 OF HOWARD C GALE DECEASED WITHOUT THE LIABILITY FOR THE ADMINISTRATION OF ROBERT J TRACE DECEASED SECURITY IS NOT REQUIRED TO BE POSTED BY THE TRUSTEE BY THE COURT J WESLEY OLER JR JUDGE 048 12/26/06 PETITION FOR TRANSFER OF STOCK 049 01/03/07 ORDER DATED 1/2/07 IN RE PETITION OF JULIE F GALE FOR TRANSFER OF STOCK FROM THE ABOVE ESTATE IT IS ORDERED THAT THE SHARES OF STOCK IN COUNTRY CLUB PARK DEVELOPMENT CO INC BE TRANSFERRED TO JAMES D HUGHES TRUSTEE AND THAT THE SHARES OF STOCK IN HOWARD C GALE DEVELOPMENT CO INC BE TRANSFERED TO JULIE E GALE THAT THE TRANSFERS BE RECORDED IN THE RECORDS OF THE RESPECTIVE CORPORATION AND THAT A COPY OF THE ORDER BE ATTACHED TO THE SHARE CERTIFICATES SO ISSUED BY THE COURT J WESLEY OLER JUDGE 050 05/22/07 PETITION FOR DECLARATORY JUDGEMENT CAJ 051 07/17/07 ORDER OF COURT DATED 07/13/07 IN RE PETITION FOR DECLARATORY JUDGMENT FILED BY PETITIONERS MICHAEL J GALE HOWARD C GALE III ELLEN MICHELLE GALE AND MELISSA G GALE LINDEMAN A RULE IS HEREBY ISSUED UPON JULIE F GALE AND ALL OTHER INTERESTED PARTIES TO SHOW CAUSE WHY THE RELIEF REQUESTED IN THE PETITON SHOULD NOT BE GRANTED RULE RETURNABLE WITHIN 20 DAYS OF SERVICE PETITIONERS COUNSEL SHALL BE RESPONSIBLE FOR SERVICE OF THIS RULE UPON JULIE F GALE AND ANY OTHER INTERESTED PARTY OR UPON THE COUNSEL OF RECORD OF ANY PARTY REPRESENTED OF RECORD PROOF OF SUCH SERVICE SHALL BE FILED OF RECORD BY THE COURT J WESLEY OLER JR JUDGE WSZ 052 08/06/07 SHERIFF'S RETURN DATE: 08/01/07 DOCUMENT: ORDER OF COURT SERVED BY: WILLIAM CLINE METHOD OF SERVICE: HANDING DATE OF SERVICE: 08/01/07 AJW 053 08/06/07 SHERIFF'S RETURN DATE: 08/01/07 DOCUMENT: ORDER OF COURT SERVED BY: KENNETH GOSSERT METHOD OF SERVICE: HAND DELIVERED DATE OF SERVICE: 08/02/07 AJW 054 08/16/07 AFFIDAVIT OF SERVICE 16123210202008 Cumberland County - Register Of Wills Page 5 ROW621 10/20/2008 File No 1998-00629 PA File No 2198-00629 Decedent GALE HOWARD C JAA 055 08/22/07 ANSWER OF RESPONDENT JULIE F GALE TO PETITION FOR DECLARATORY JUDGMENT CAJ 056 08/28/07 PRAECIPE TO SUBSTITUTE VERIFICATION CAJ 057 10/30/07 PRAECIPE FOR WITHDRAWAL OF APPEARANCE ANDREW T KRAVITZ PRAECIPE FOR ENTRY OF APPEARANCE BRET KEISLING CAJ 058 01/03/08 HEARING ORDER DATED 12/31/07 IN RE PETITION FOR DECLARATORY JUDGMENT A HEARING IS SCHEDULED FOR WEDNESDAY 02/27/08 AT 2:30PM IN COURTROOM NO 1 PETITIONERS SHALL BE RESPONSIBLE FOR SERVICE OF THIS ORDER UPON ALL INTERESTED PARTIES AND PROOF OF SERVICE SHALL BE FILED OR RECORD BY THE COURT J WESLEY OLER JR JUDGE COPIES MAILED 01/04/08 JAA 059 01/10/08 PROOF OF SERVICE WSZ 060 02/01/08 ORDER OF COURT DATED 02/01/08 IN RE PETITION FOR DECLARATORY JUDGEMENT ORDER OF COURT IN RE UPON CONSIDERATION OF THE ATTACHED LETTER FROM BRET KEISLING ESQ ATTORNEY FOR PETITIONERS THE HEARING PREVIOUSLY SCHEDULED IN THE ABOVE MATTER FOR 02/27/08 IN CONTINUED TO THURSDAY 03/13/08 AT 1:30 PM IN COURTROOM NO 1 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA PETITIONERS SHALL BE RESPONSIBLE FOR SERVICE OF THIS ORDER UPON ALL INTERESTED PARTIES AND PROOF OF SERVICE SHALL BE FILED OF RECORD BY THE COURT J WESLEY OLER JR JUDGE COPIES MAILED 02/01/08 JAA 061 02/19/08 PROOF OF SERVICE JAA 062 03/18/08 ORDER OF COURT DATED 03/18/08 IN RE PETITION FOR DECLARATORY JUDGEMENT A HEAING IN THE ABOVE MATTER IS SCHEDULED FOR 06/18/08 AT 1:30 PM IN COURTROOM NO 1 PETITIONERS SHALL BE RESPONSIBLE FOR SERVICE OF THIS ORDER UPON ALL INTERESTED PARTIES AND PROOF OF SERVICE SHALL BE FILE OF RECORD COPIES MAILED 03/18/08 JAA 063 03/31/08 PROOF OF SERVICE JAA 16123210202008 Cumberland County - Register Of Wills Page 6 ROW621 10/20/2008 File No 1998-00629 PA File No 2198-00629 Decedent GALE HOWARD C 064 06/04/08 ORDER OF COURT DATED 3/13/08 IN RE PETITION FOR DECLARATORY JUDGEMENT FOLLOWING AN INITIAL DAY OF HEARING WHICH HAS NOT YET BEEN COMPLETED THE RECORD SHALL REMAIN OPEN AND COUNSEL ARE REQUESTED TO CONTACT THE COURTS SECRETARY FOR PURPOSES OF SCHEDULING A FURTHER PERIOD OF HEARING IT IS NOTED THAT AS OF THE TIME OF ADJOURNMENT ON TODAYS DATE THE PETITIONER HAD SECURED THE ADMISSION OF PETITIONERS EXHIBITS 1-55 AND RESPONDENT HAD SECURED THE ADMISSION OF RESPONDENTS EXH 1 NO OTHER EXHIBITS HAD BEEN IDENTIFIED OR ADMITTED IT IS FURTHER NOTED THAT AT THE TIME OF ( NEXT ) 065 06/04/08 (CONY) ADJOURNMENT ON TODAYS DATE PETITIONERS WERE STILL PRESENTING THEIR CASE IN CHIEF AND JULIE F GALE WAS BEING SUBJECTED TO CROSS-EXAMINATION BY RESPONEDENTS COUNSEL HAVING BEEN CALLED AS OF CROSS BY PETITIONERS -BY THE COURT J WESLEY OLER JR J COPIES MAILED 6/4/08 VIA USPS CAJ 066 06/10/08 TRANSCRIPT OF PROCEEDINGS HELD BEFORE THE HONORABLE J WESLEY OLER JR JUDGE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA ON MARCH 13 2008 IN COURTROOM NO 1 WSZ 067 06/26/08 PRAECIPE FOR WITHDRAWAL OF APPEARANCE - DENNIS J BONETTI ESQ FOR JULIA F GALE 068 06/30/08 ORDER OF COURT DATED 06/18/08 IN RE PETITION FOR DECLARATORY JUDGMENT IT APPEARING THAT THE RESPONDENT WISHES TO PRESENT FURTHER EVIDENCE WITH RESPECT TO CERTAIN DEEDS AND ARTICLES OF INCORPORATION AND MERER AND THE PETITIONER HAVING NOT CONCEDED THAT THE RESPONDENT'S EXHIBIT NOS 2 3 4 5 6 AND 7 REPRESENT THE CURRENT STATE OF THE RECORD WITH RESPECT TO THE PROPERTIES AND OTHER MATTERS TO WHICH THESE RELATE THE RECORD SHALL REMAIN OPN AND COUNSEL ARE REQUESTED TO CONTACT THE COURT'S SECRETARY FOR PRUPOSES OF SCHEDULING A FURTHER PERIOD OF HEARING IT IS NOTED THAT AS OF THE TIME OF ADJOURNMENT ON TODAY'S DATE PETITIONER HAD 069 06/30/08 CON'T SECURED THE ADMISSION OF RESPONDENT'S EXHIBITS 1 THROUGH 7 IT IS NOTED THAT BOTH COUNSEL HAVE REQUESTED THAT A TRANSSCRIPT OF TODAY'S PROCEEDINGS BE PREPARED AND FILED BY THE STENOGRAPHER BY THE COURT J WESLEY OLER JR J SERVICE MAILED VIA USPS ON 06/30/08 AJW 070 07/18/08 TRANSCRIPT DATED 06/18/08 IN RE RESUMPTION OF HEARING AJW 071 07/28/08 STIPULATION AJW 072 07/30/08 ORDER DATED 07/30/08 IN RE STIPULATION IT IS HEREBY ORDERED THAT 16123210202008 Cumberland County - Register Of Wills Page 7 ROW621 10/20/2008 File No 1998-00629 PA File No 2198-00629 Decedent GALE HOWARD C THE RECORD IN THIS MATER BE CLOSED AND THAT BOTH SIDES WILL SUBMIT SUPPORTING BRIEFS NO LATER THAN 09/02/08 BY THE COURT J WESLEY OLER JR J COPIES MAILED VIA USPS ON 07/30/08 AJW 073 09/19/08 ORDER OF COURT DATED 09/19/08 IN RE ADJUDICATION AND OPINION OF COURT UPON CONSIDERATION OF THE PETITION FOR DECLARATORY JUDGEMENT FILED BY SEVERAL GRANDCHILDREN OF THE TESTATOR HOWARD C GALE SEEKING A DECLARATION THAT PROPERTIES IN CUMBERLAND COUNTY PENNYSLVANIA WITH ADDRESSES OF 6 FARGREEN ROAD 55 CIRCLE DRIVE 22 COUNTRY CLUB PLACE WEST 49 CIRCLE DRIVE AND 530 FAIRWAY DRIVE CAMP HILL OWNED BY HOWARD C GALE DEVELOPMENTAL CO INC WERE ENCOMPASSED BY A GIFT TO THEM IN THE TESTATOR'S WILL OF HIS INTEREST IN COUNTRY CLUB PARK DEVELOPMENT CO INC AND WERE NOT ENCOMPASSED BY A GIFT TO THE TESTATOR'S SPOUSE IN THE TESTATOR'S WILL OF HIS 074 09/19/08 HEARINGNHELDTONN03/W3/08CANDL06/18/08PANDTFORC~HENREASONSWSTATED IN THE ACCOMPANYING OPINION AND THE PETITION IS DENIED BY THE COURT J WESLEY OLER JR J COPIES MAILED VIA USPS ON 09/19/08 AJW