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Home My WebLink About09-22-08O IN RE: ESTATE OF ANTONIO IN THE COURT OF COMMON PLEAS OF ANDREOLI, LATE OF CUMBERLAND CUMBERLAND COUNTY, PENNSYLVANIA COUNTY, PENNSYLVANIA, DECEASED ORPHANS' COURT DIVISION NO. a.l ~ (~$ - O9~f ~ AMENDED PETITION FOR CITATION TO COMPEL PRODUCTION OF A WILL PURSUANT TO 20 PA. CONS. STAT. ANN. §3137 TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY: The Petition of Antonio Andreoli, deceased, respectfully represents that: 1 2 3. 4. Antonio Andreoli ("Decedent") died on September 4, 2007 -..~ ~ `~ ~: L~ ~ cry . =SJ G~ i '`~i:7 _i ? N tC 3 -I ~'~ =.~ ~~ ~ --.-~ ~= .~ Decedent's family or principal residence was in Cumberland County, Pennsylvania. Decedent Mr. Andreoli was survived by two children and three step-children. On an unknown date and upon information and belief as hereinafter described, Decedent Mr. Andreoli executed a Last Will and Testament wherein he apparently appointed his son Joseph Andreoli as co-executor. 5. By letter dated June 24, 2008, Paula P. Oesterling, Decedent's step-daughter, 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. -,-,, - i` i l r C i_~ ..:_~ `_i' ~:-_ t _ _:: ~: _= ! ~~:7 .t :'.7 l:..:-i ~.,-. _-, i~~ S 6. Ms. Oesterling indicated Gregory S. Hazlett, Esq. 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 Joseph Andreoli 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 Joseph 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, 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. Date: l~'" / `~~ (~O 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. I JOSEPH M. ANDREOLI IN RE: ESTATE OF ANTONIO IN THE COURT OF COMMON PLEAS OF ANDREOLI, LATE OF CUMBERLAND CUMBERLAND COUNTY, PENNSYLVANIA COUNTY, PENNSYLVANIA, DECEASED ORPHANS' COURT DIVISION NO. CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the attached Amended 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 Paula P. Oesterling 659 William Way Mechanicsburg, PA 17055 CLARAVAL & CLARAVAL Date: Q / I q ~ O$ By ~ ,fL,~,Q ~ . DENISE I. WILLIAMS EXHIBIT A ~QUCeac ~ ~~~;,,~, 659 2Ui~iCUn 2Uau~ .~w:ecR~cuuco, ~Cl X7055 7~7-G9~-9435 Mr. Joseph Andreoli 2530 Derry Street Harrisburg, PA 17111 June 24, 2008 re: Renunciation Letter Dear Joseph, We send this letter requesting you to sign the enclosed Renunciation Letter regarding my mother, Giovanna Andreoli's will. Distributions that may have occurred due to the death of your father, Antonio, occurred at his time of death, September 4, 2007, while my mother was still alive and of sound mind and therefore as you are already aware, there is nothing to distribute except for unpaid debt and minimal personal belongings. The Executers on both your father Antonio and my mother Giovanna's will are both as you are aware, Marinello Palese and you, Mr. Joseph Andreoli. ~Ne still have the responsibility of unpaid debt, numerous trips to the Court House as well as the signing of paperwork regarding my mother's personal and medical issues before her death and her matters after death such as unpaid funeral expenses just to name a few. Our Attorney, Mr. Hazlett, has informed us that the enclosed Renunciation Letter simply removes your name from my mother's will allowing Marinello the ability to sign all outstanding bills, invoices and any other paperwork necessary without the need for your signature as well. In addition to taking care of my mother's matters without the need to contact you for every issue. VVe can not take care of these matters until we know you have signed the Renunciation Letter enclosed. Should you decide not to sign the Renunciation Letter to remove your name from my mother's will, then alongwith Marinella, you are required to attend all meetings with the attorney, all trips necessary to the Court House, your signature will be required on every document regarding all of my mother's issues and any other matter our attorney deems necessary. All of which will need to be handled in a timely, expedient manner. Our Attorney, Mr. Hazlett, will still provide you a copy of my mother's will even if you sign the Renunciation Letter as it does not affect anything regarding that issue. Please read, review and sign the Renunciation Letter as we are requesting and return it to Attorney Hazlett's office within ten (10) days of the date of this letter. His address is included at the bottom of this letter. Thank you for your time. W~ ~_ Paula P. Oesterling /daughter Power of Attorney for Giovanna Andreoli **Note: Address for Attorney Gregory S. Hazlett 7 West Maia Street Mechanicsburg, PA 17055 VV-L/iVV K{.Vl EXHIBIT B Claraval & Claraval Attorneys at Law 500 NORTH THIRD STREET, 2nd FLOOR LOUIS J. ADLER HARRISBURG, PA 17101 (1959-1999) ROBERT F. CLARAVAL TELEPHONE MARY ANN KENNEDY CLARAVAL (717) 233-4780 FAX (717) 233-5830 July 7, 2008 Gregory S. Hazlett, Esq. 7 West Main Street Mechanicsburg, PA 17055 Dear Mr. Hazlett: ADLER & CLARAVAL (19742000) Please be advised that I represent Mr. Joseph Andreoli. Enclosed you will find a copy of Paula Osterling's letter of June 24, 2008 requesting that Mr. Andreoli renounce his position as Executor of the Giovanna Andreoli will. Before undertaking that renunciation Mr. Andreoli and I would like to have additional information concerning Giovanna Andreoli's estate as well as the estate of Antonio Andreoli Joe's father. Mr. Andreoli died September 4, 2007. Joe has not been provided with a copy of his father's will and has been given no information as to how the estate was resolved. While we assume the assets were distributed to Giovanna, we would appreciate hearing from you specifically as to what happened to the properties at 13 Raspberry Drive and at Loring Lane in Mechanicsburg. Mr. Andreoli also had a significant set of masonry tools at the time of his death and we would like to know how they disposed of. Mr. Andreoli also owned an accordion. Kindly advise as to how all those assets were disposed of and how the proceeds were distributed. With respect to Giovanna Andreoli's will, prior to Joseph Andreoli signing a renunciation letter it is important that he be given a complete listing of the estate's assets, debts and obviously a copy of the will. Upon our careful review of these documents I will contact you with respect to Joseph Andreoli's wishes with respect to him possibly signing the letter of renunciation. Thank you. RFC:diw cc: Joseph Andreoli EXHIBIT C Claraval & Claraval Attorneys at Law 500 NORTH THIRD STREET, 2'~ FLOOR LOUIS J. ADLER HARRISBURG, PA 17101 (1959-1999) ROBERT F. CLARAVAL TELEPHONE MARY ANN KENNEDY CLARAVAL (717) 233-4780 FAX (717) 233-5830 August 14, 2008 Va Certified Mail Gregory S. Hazlett, Esq. 7 West Main Street Mechanicsburg, PA 17055 Dear Mr. Hazlett: ADLER & CLARAVAL (19742000) Enclosed is a copy of my July 7, 20081etter to which I have not received a reply. Perhaps you do not represent Ms. Osterling. If that is the case kindly give me a call or drop me a note so I can deal with her directly. On the other hand, if you do represent Ms. Osterling, please forward a copy of Mr. Andreoli's will so executor Joseph Andreoli and I can make a determination as to whether the will should be offered for probate. I trust it will not be necessary to file an action to obtain this will since Mr. Andreoli as the executor is clearly entitled to a copy. I look forward to your early response. RFC:diw Enclosure (Letter) cc: Joseph Andreoli