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Home My WebLink About08-03-11IN THE MATTER OF THE ESTATE OF HOWARD C. GALE, SR., Deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 1998-629 PETITION FOR LEAVE OF COURT TO WITHDRAW ~~ THE APPEARANCE OF COUNSEL 'y3 --;; -r ;, ~ -~= ~, C(J i TO THE HONORABLE, THE JUDGES OF SAID COURT: ^--,%~` -~ ~ -•~ :n The Petition of David H. Radcliff respectfully represents: 1. Petitioner, David H. Radcliff, is an attorney admitted to practice in the Commonwealth of Pennsylvania with an office at 1011 Mumma Road, Suite 201, Lemoyne, Pennsylvania. 2. Howard C. Gale, Sr., died January 19, 1998, and his Will was probated to the above file number. 3. Julie F. Gale of 105 Fairway Drive, Camp Hill, Pennsylvania 17011 is a beneficiary and the Executor of the estate. 4. On or about May 22, 2006, Petitioner was retained as counsel for the Executor and entered an appearance for her by filing a Response to Petition and Rule to Show Cause in the above Estate. 5. Petitioner wrote to the Julie F. Gale on May 29, 2011, after being unable to reach her by telephone regarding matters in the administration of the estate. No response was received. 6. Petitioner again tried to contact Julie F. Gale by telephone on July 15, 2011, at which time she answered the telephone and upon learning the identity of Petitioner stated she refused to speak with him and hung up her telephone. ~~ -- - -~- :^ -; ';'. c; :, --- ~?1 -`-, - ,, ~,. .. `~~ C. ~~ '~,'~ 7. Petitioner requests leave of Court to Withdraw his appearance because of the refusal of Julie F. Gale to communicate with Petitioner. WHEREFORE, Petitioner respectfully requests that he be permitted to withdraw as counsel for Julie F. Gale, individually and as Executor of the Estate of Howard C. Gale, Sr. Respectfully submitted, ,-- ,%~ David H. Radcli f Supreme Court ID #2548 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717)236-9318 1N THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE OF CUMBERLAND COUNTY, PENNSYLVANIA HOWARD C. GALE, SR., ORPHANS' COURT DNISION Deceased NO. 1998-629 RULE TO SHOW CAUSE ~c~ f ~v'~~~5 ~; ~~., z~~ ~ d AND NOW, this day ,, s 2011, upon consideration of the within Petition for ermission Court to Withdraw the Appearance of Counsel, a Rule is issued to Show Cause why the Petition should not be granted and an Order should not be entered permitting David H. Radcliff, to withdraw his appearance as counsel for Julie F. Gale, individually, and as Executor of the Estate of Howard .Gale, Sr. ~v L~ `'F~`ziv'~Yu ~l nL~ w.. , ~ ~ Z ~ d ~ ~~ S dr~ SCJ ~c ~~ , Date: ti c J ~ ~ 0 1~ Distribution: Stephen C. Nudel, Esq. Law offices of Stephen C. Nudel, P.C 219 Pine Street Harrisburg, PA 17101 (Counsel for four beneficiaries) David H. Radcliff, Esq. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (Petitioner) ~~cs f~ J. J . l~C:+e s~e ~` Mr. Anthony Rossignoli 138 kathleen Lane Wyomissing, PA 19610 (Beneficiary Pro Se) Mrs. Julie F. Gale 105 Fairway Drive Camp Hill, PA 17011 (Beneficiary and Executor) n ~~ _= :, :_t~ - ._ ~~ -- -~~;- -.r ~„ _g, O _.,_~ ~,{; .n ~-~ :~.~. cam- a- ,, ;~'= r:._; c a-~ ~~~~ ::- c~ ~_; 'T~ ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: HOWARD C. GALE SR. CUMBERLAND COUNTY PENNSYLVANIA N0.21-1998-0629 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 8/5/2011 JUDGE'S INITIALS: JWO TIME STAMP DATE: 8/10/2011 IN RE: RULE TO SHOW CAUSE SERVICE TO: DAVID H RADCLIFF ESO ANTHONY ROSSIGNOLI JULIE F GALE __ STEPHEN C NUDEL ESO METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ®PETITIONER ^ RRR ^ JUDGE ^ HAND DELIVERED ^ CLERK OF ORPHANS COURT ^ OTHER MAILED: 8/10/2011 SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT Deputy Clerk of Orphans' Court IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE OF CUMBERLAND COUNTY, PENNSYLVANIA HOWARD C. GALE, SR., ORPHANS' COURT DIVISION Deceased NO. 1998-629 ORDER PERMITTING WITHDRAWAL OF ATTORNEY Upon consideration of the Petition and Motion to Make Rule Absolute in the above matter, David H. Radcliff is granted leave to withdraw as counsel for the Julie F. Gale, individually, and as Executor of the Estate of Howard C. Gale, Sr. a ~ ~~ Date: ~~ ~ ) ~ I 1 ~~ ~ ,~~ ~ c ~ . ' J. -y,~-: ., c> -,., r-- ,._ ,-n -~ -_/ ~~~ _ _)-!7 J z~ .._ ~. _ _ 1-7 -.~ -"~ _ -Ti In Re: HOWARD C GALE SR • ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-98-0629 ORDER DATE: NDGE'S INITIALS: TIME STAMP DATE: 9/14/11 CERTIFICATE OF SERVICE OF ORDER IN RE: ORDER RADCLIFF LAW OFFICE SERVICE TO: ANTHONY ROSSIGNOLI NLIE G GALE ENVELOPES PROVIDED BY: METHOD OF MAILING: ® PETITIONER USPS [] JUDGE RRR ^ CLERK OF ORPHANS COURT ^ HAND DELIVERED ^ OTHER MAILED: 9/ 15/ 11 SERVICE TO: METHOD OF MAILING: USPS ^ RRR HAND DELIVERED OTHER MAILED: ENVELOPES PROVIDED BY: PETITIONER ^ JUDGE CLERK OF ORPHANS COURT r ~i ~.. ~ 4 i `~~ j -~ Deputy i'~ Clerk of Orphans' Court ~ eK~ `~~ ~7 ~ r-~ ~'~ ~ ~ 1 ~~ ~ ~f ` LAW OFFICES STEPHEN C. NUDEL, PC n "-~ =-- , f ,~% ~ Stephen C. Nudel, Esquire ~y ~ ~ ~ ~ ~ ~,,~ `. x Attorney ID #41703 ~= Joseph A. Ricci, Esquire ~ pin `' Attorney ID #49803 '~ ~ ~ r ~ ,ran' 219 Pine Street -~ -~ ~'3 Harrisburg, PA 17101 ~' d (717)236-5000 In Re: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF HOWARD C. GALE ORPHAN'S COURT DIVISION NO. 1998-629 PETITION OF MICHAEL J. GALE, HOWARD C. GALE, III, ELLEN MICHELLE GALE AND MELISSA G. GALE, BENEFICIARIES UNDER THE TRUST OF HOWARD C. GALE, FOR SUBSTITUTION OF TRUSTEE AND NOW COMES, Michael J. Gale, Howard C. Gale, III, Ellen Michelle Gale, and Melissa G. Gale, by and through their attorneys, Law Offices Stephen C. Nudel, PC, and request this Honorable Court to Order the Substitution of the Trustee for the following reasons: Howard C. Gale died on January.l9, 1998 leaving a Last Will and Testament dated January 2, 1998 which was probated in the office of the Register of Will of Cumberland County, Pennsylvania on August 5, 1998 at docket number 1998-629. 2. Under the Seventh Paragraph of the Last Will and Testament, Robert J. Trace, Esquire was named Executor and Trustee. 3. Trustee, Robert J. Trace, Esquire died on February 15, 2006. 4. When the position of Trustee became vacant, Michael J. Gale, Howard C. Gale, III, Ellen Michelle Gale, and Melissa G. Gale, through their attorney filed a Petition for Appointment of Successor Trustee in Accordance with 20 Pa.C.S.A. §7101. 5, This Honorable Court, on December 7, 2006, appointed James D. Hughes, Esquire as Successor Trustee. 6. The responsibility of the Successor Trustee is limited to only the management of two income producing residential real estate properties. 7. The fees of the Successor Trustee have increased to the point that they approach or exceed the income generated by the real estate properties held in trust. 8. The Trust assets are being depleted as a result of the fees charged by the Successor Trustee and this loss in Trust value harms the beneficiaries. 9. The petitioning Beneficiaries are desirous of replacing the Successor Trustee with an individual or company that can provide real estate management services in a more economical manner. 10. This Honorable Court is permitted to remove a Trustee when the removal best serves the interests of the Beneficiaries of the Trust and is not inconsistent with the material purpose of the Trust. See 20 Pa.C.S.A. §7766. 11. Successor Trustee, James D. Hughes, Esquire has indicated a willingness to relinquish his duties as Successor Trustee. 12. The Petitioning Beneficiaries believe that Howard C. Gale, Jr. will be a suitable replacement for Successor Trustee James D. Hughes, Esquire. 13. Howard C. Gale, Jr. has extensive experience in real estate management. 14. Howard C. Gale, Jr. has an incentive to maximize the income producing nature of the trust, and minimize the expenses, as four of the five beneficiaries of the Trust are his children. 15. Howard C. Gale, Jr. has an incentive to properly manage the assets of the Trust since the Trust is established, in part, for the benefit of his children. 16. The Honorable J. Wesley Oler, Jr. previously appointed the Successor Trustee in the above captioned matter. 17. Counsel for the Petitioning Beneficiaries sought the concurrence of counsel with this Motion and the said concurrence was not obtained. WHEREFORE, it is hereby requested that this Honorable Court replace James D. Hughes, Esquire as Successor Trustee and appoint Howard C. Gale, Jr. in his place. Respectfully submitted, Date: ~ /~3 ~/ LAW OFFICES STEPHEN C. NUDEL, PC ~phen C. udel, Esquire Attorney ID 1703 e h A. Ri i, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Michael J. Gale, Howard C. Gale, III, Ellen Michelle Gale, and Melissa G. Gale CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing MOTION OF MICHAEL J. GALE, HOWARD C. GALE, III, ELLEN MICHELLE GALE AND MELISSA G. GALE, BENEFICIARIES UNDER THE TRUST OF HOWARD C. GALE, FOR SUBSTITUTION OF TRUSTEE 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: Mr. Anthony Rossignoli 138 Kathleen Lane Wyomissing, PA 19610 (Beneficiary Pro Se) Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Rd., Suite 201 Lemoyne, PA 17043-1145 (Counsel for Julie F. Gale, Beneficiary and Executor) James D. Hughes, Esq. Saltzman & Hughes 354 Alexander Spring Road, Suite A Carlisle, PA 17015 (Trustee) Date: /~ ,~ seph A. ' ci, sq. Pa. ID #49803 aw.Q ephen C. Nudel, P.C. 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Counsel for Michael J. Gale, Howard C. Gale, III, Ellen Michelle Gale and Melissa G. Gale LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Joseph A. Ricci, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 In Re: ESTATE OF HOWARD C. GALE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 1998-629 RULE TO SHOW CAUSE AND NOW this ~ ~ day of ~ e. C. , 2011 upon consideration of the within Petition for Substitution of Trustee a Rule is issued to Show Cause why the Petition should not be granted and an Order should not be entered which orders that James D. Hughes, Esquire be removed as Successor Trustee of the Trust established under the Fourth paragraph of the Last Will and Testament of Howard C. Gale, dated January 2, 1998 and that Howard C. Gale, Jr. be substituted as his replacement without liability for the administration of James D. Hughes, Esquire. The Rule is Returnable within 20 days of service. BY THE COURT: "~- r: .. ~~ r] ~~ c~ C '' ~i =r ~:. ... ~ T „;j ; f'~ J -..~ ~~ --,-`~ In Re: HOWARD C GALE 1 NO. 21-98-0629 ORDER DATE: JUDGE'S INITIALS: TIME STAMP DATE IN RE: ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATE OF SERVICE OF ORDER SERVICE TO: Al~Ana r CLlit~r.nmtr ••••••.••,.•..,,,,. METHOD OF MAILING ® LISPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 12/19/11 ENVELOPES PROVIDED BY: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: •••••"",,,,,,,,,,,,, METHOD OF MAILING: ^ LISPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY; ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT .~ _ ~~ `G` ` t ~ ~--~ ~ C,c _ ~ ~`~ r~ ~ t~~ eputy Clerk of Orphans' Court // ~r _,: ~ ~ 4~: LAW OFFICES STEPHEN C. NLTDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Joseph A. Ricci, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717)236-5000 In Re: ESTATE OF HOWARD C. GALE ~i ,. 1~~~~~~i ~.^ ,- ORPl~~.P~~, ~~.';,'~a ,~~~~r_(, i u^~ r.n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 1998-629 PETITION OF MICHAEL J. GALE, HOWARD C. GALE, III, ELLEN MICHELLE GALE AND MELISSA G. GALE, BENEFICIARIES UNDER THE TRUST OF HOWARD C. GALE TO MAKE RULE ABSOLUTE AND NOW COMES, Michael J. Gale, Howard C. Gale, III, Ellen Michelle Gale, and Melissa G. Gale, by and through their attorneys, Law Offices Stephen C. Nudel, PC, and request this Honorable Court to make its Rule to Show Cause why the Petition of the above named Beneficiaries to Substitute the Trustee should not be Granted be made Absolute for the following reasons: 1. Howard C. Gale died on January 19, 1998 leaving a Last Will and Testament dated January 2, 1998 which was probated in the office of the Register of Will of Cumberland County, Pennsylvania on August 5, 1998 at docket number 1998-629. 2. Under the Seventh Paragraph of the Last Will and Testament, Robert J. Trace, Esquire was named Executor and Trustee. 3. Trustee, Robert J. Trace, Esquire died on February 15, 2006. 4. When the position of Trustee became vacant, Michael J. Gale, Howazd C. Gale, III, Ellen Michelle Gale, and Melissa G. Gale, through their attorney filed a Petition for ~~ Appointment of Successor Trustee in Accordance with 20 Pa.C.S.A. §7101. 5. This Honorable Court, on December 7, 2006, appointed James D. Hughes, Esquire as Successor Trustee. 6. The responsibility of the Successor Trustee is limited to only the management of two income producing residential real estate properties. 7. The fees of the Successor Trustee have increased to the point that they approach or exceed the income generated by the real estate properties held in trust. 8. The Trust assets are being depleted as a result of the fees charged by the Successor Trustee and this loss in Trust value harms the beneficiaries. 9. The petitioning Beneficiaries are desirous of replacing the Successor Trustee with an individual or company that can provide real estate management services in a more economical manner. 10. The petitioning Beneficiaries filed a Petition with this Honorable Court seeking a Rule to Show cause why the Trustee should not be replaced. 11. On December 19, 2011 this Honorable Court issued a Rule to Show Cause why the relief requested by the petitioning Beneficiaries should not be granted. 12. The Rule issued by this Honorable Court was returnable twenty days after service. 13. The Rule issued by this Honorable Court was served on all interested parties on December 19, 2011. 14. The time for response to the Rule has now expired. 15. To date, no interested party has filed a response to the Rule and the Petition of the Beneficiaries has remained unanswered. 16. The Petition of the Petitioning Beneficiaries is unopposed and therefore should be granted. WHEREFORE, it is respectfully requested that this Honorable Court make its Rule of December 19, 2011 Absolute and enter an Order that James D. Hughes, Esquire is removed as Successor Trustee of the Trust established under the Fourth paragraph of the Last Will and Testament of Howard C. Gale, dated January 2, 1998 and that Howard C. Gale, Jr. is substituted as his replacement without liability for the administration of James D. Hughes, Esquire. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC Date: ( - ~. I Z J ph A. Ricci, sq. P ID #49803 Law ephen C. Nudel, P.C. 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Counsel for Michael J. Gale, Howard C. Gale, III, Ellen Michelle Gale, and Melissa G. Gale CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing PETITION TO MAKE RULE ABSOLUTE 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: Mr. Anthony Rossignoli 138 Kathleen Lane Wyomissing, PA 19610 (Beneficiary Pro Se) Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Rd., Suite 201 Lemoyne, PA 17043-1145 (Counsel for Julie F. Gale, Beneficiary and Executor) James D. Hughes, Esq. Saltzman & Hughes 354 Alexander Spring Road, Suite A Carlisle, PA 17015 (Trustee) Date: / /~ ~/ Jo eph A. Ri i, Esq. P ID #49803 Law ephen C. Nudel, P.C. 219 Pine Street Harrisburg, PA 17101 (717)236-5000 Counsel for Michael J. Gale, Howard C. Gale, III, Ellen Michelle Gale and Melissa G. Gale