Loading...
HomeMy WebLinkAbout09-18-08JOSEPH ANDREOLI, Petitioner v. PAULA P. OESTERLING, Respondent IN THE ORPHAN'S COURT OF CUMBERLAND COUNTY, PENNSYLVANIA NO. PETITION FOR CITATION TO COMPEL PRODUCTION OF A WILL PURSUANT TO 20 PA. CONS. STAT. ANN. §3137 co N ~ .~,~ TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY: .1~ ~~ +` i r ~ ~` ~,--, ~, ` ~f~r: r~ -~ - The Petition of Joseph Andreoli respectfully represents that: _ =' ~ ~ ~' r 4 ts ~ --~ ~- ~\ ~ _ -. f V , i 1. Antonio Andreoli ("Decedent") died on September 4, 2007. 2. Decedent's family or principal residence was in Cumberland County, Pennsylvania. 3. Decedent Mr. Andreoli was survived by two children and three step-children. 4. On a date unknown to Petitioner and upon information and belief as hereinafter described, Decedent Mr. Andreoli executed a Last Will and Testament wherein he apparently appointed Joseph Andreoli as co-executor. 5. By letter dated June 24, 2008, Paula P. Oesterling, Petitioner's step-sister, wrote to Joseph Andreoli and advised him of the existence of the Will and that Joseph Andreoli was appointed as co-executor. A copy of that letter is attached as Exhibit A. 6. Ms. Oesterling indicated Attorney Hazlett was representing her interest. 7. Accordingly, Joseph Andreoli retained Robert F. Claraval, Esq. to represent him in this matter. 8. Attorney Claraval wrote to Attorney Hazlett on July 7, 2008. A copy of that letter is attached as Exhibit B. Attorney Hazlett did not respond in any fashion to that letter. 9. On August 14, 2008 sent another letter to Attorney Hazlett via certified mail which was signed for by Attorney Hazlett on August 18, 2008. A copy of that letter is attached as Exhibit C. No response of any type has been received from Attorney Hazlett. 10. Finally, Attorney Claraval wrote to Attorney Hazlett again on September 11, 2008. Mr. Hazlett called on September 15, 2008 and left a message with Robert Claraval's assistant that he had requested Ms. Oesterling provide him with a copy of the will but as yet the will had not been produced. 11. At the time of his death Decedent Antonio Andreoli owned certain personal property and real estate located in Cumberland County, Pennsylvania. 12. Accordingly, it is necessary that the Will be produced for probate and Letters Testamentary be granted in this jurisdiction so that Petitioner can collect and transfer the assets and fulfill his obligations as co-executor. -2- 13. As of the date of the filing of this Petition, Ms. Oesterling willfully and wantonly refuses to provide Joseph Andreoli the original or a copy of his father's Will. 14. Ms. Oesterling's willfull and wanton conduct has required Mr. Andreoli to retain counsel and be obligated to pay attorney fees in connection with the preparation of this Petition as well as the cost of filing the same. WHEREFORE, Petitioner Joseph Andreoli requests that a Citation be issued directed to Paula P. Oesterling to show cause why she should not produce the Last Will and Testament of Antonio Andreoli for probate and further why Ms. Oesterling should not pay Joseph Andreoli's attorney fees and court costs required by the filing of this Petition. CL. Date: l By: Attorneys for Plaintiff -3- 500 North Third Street, 2°d Floor Harrisburg, PA 17101 (717) 233-4780 Supreme Court I.D. # 19222 VERIFICATION The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and to the extent that it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information, and belief; to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. JOSEPH M. ANDREOLI JOSEPH ANDREOLI, v. PAULA P. OESTERLING, 1N THE ORPHAN'S COURT OF Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA . NO. Respondent CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the attached Petition for Citation to Compel Production of a Will Pursuant to 20 Pa. Cons. Stat. Ann. X3137 by first class mail, postage prepaid, addressed to the following persons: Gregory S. Hazlett, Esq. 7 West Main Street Mechanicsburg, PA 17055 Date: ~~ CLARAVAL & CLARAVAL h11A-Q Y11~,p~ BY ~~ DENISE I. WILLIAMS