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Home My WebLink About09-2333Robert F. Claraval, Esq. Claraval & Claraval 500 North Third Street, 2"' Floor Harrisburg, PA 17101 717-2334780 Attorney ID # 19222 Attorneys for Plaintiff JOSEPH ANDREOLI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. PAULA OESTERLING, Defendant NO. coq - a333 Tern4 CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguient t Demanda y acci6n radicando prbximos veinte (20) dias despues de la notificacion de esta personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas pres ane t? oarmente, el c so puede pro ceder advierte de que si usted falla de tomar accibn como se describe sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante p iedad u otros derechos importantes pars sin mas aviso adicional. Usted puede perder dinero o prop usted. LLEVE ESTA DEMANDA A UN ABODAGO IN E pD GAR TIAL SERVICIO, VAYA ABOGADO O SI NO TIENE EL DINERO SUFICIEN N SE EN PERSONA O LLAME POR TELEFONO A L 5E PUEDE ONSOEGUIR ENCUNENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Robert F. Claraval, Esq. Claraval & Claraval 500 North Third Street, 2nd Floor Harrisburg, PA 17101 717-233-4780 Attorney ID # 19222 Attorne s for Plaintiff JOSEPH ANDREOLI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. PAULA OESTERLING, Defendant CIVIL ACTION - LAW COMPLAINT 1. The Plaintiff Joseph Andreoli is an adult individual residing at 4537 North Progress Avenue, Harrisburg, Pennsylvania, 17110. 2. The Defendant Paula Oesterling is an adult individual residing at 659 William Way, Mechanicsburg, Pennsylvania, 17055. 3. On September 4, 2007 Plaintiff Joseph Andreoli's father, Antonio Andreoli, passed away. 4. Funeral services were contracted through Malpezzi Funeral Home on September 4, 2007. The charge for those services was $7,964. 5. The Malpezzi Statement of Funeral Goods and Services Selected was executed by plaintiff Joseph Andreoli and Defendant Paula Oesterling, Antonio Andreoli's step-daughter. A copy of the contract is attached as Appendix A. 6. On November 3, 2008 Richard Snelbaker, Esq. wrote to Joseph Andreoli and Paula Oesterling on behalf of Malpezzi and advised the bill remained outstanding and that the total due was now $8,589.40. A copy of that letter is attached as Appendix B. 7. On November 17, 2008 Joseph Andreoli issued payment to Malepezzi Funeral Home in the amount of $8,589.40 as payment in full of the outstanding charges. A copy of that check is attached as Appendix C. 8. Joseph Andreoli has made repeated written requests that Defendant Paula Oesterling reimburse him in the amount of $4,294.70 as is her obligation. Ms. Oesterling has not responded. 2 WHEREFORE, Plaintiff Joseph Andreoli demands judgment against Defendant Paula Oesterling in the amount of $4,294.70, plus interest, reasonable and actual attorneys' fees and costs of suit. CLARAVAL & CLARAVAL Date: By: Harrisburg, PA 17101 (717) 233-4780 Supreme Court I.D. #19222 Attorneys for Plaintiff 3 500 North Third Street, 2' Floor 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. § 4909, relating to unsworn falsification to authorities. Josep An eoli a? m n iti ?; v @, w m 0 8 v 8 ?? ? a m 0 Now = ?e,E Michael j. Afalpezzr, Owner • FUNERAL HOME Jeremy J. Shaer, Funeral Director t Markse Plwsa Pk WOY owe 697-1696 krrt, PA 17055 we wig ]? A1?lD $$NICBS SEED ?netery or crematory w use any items' FUNEWiLL Ifwe ?b1 law«by a are only you not have to pay f« embalm-do below. Cilarges Ole tenon rat wriliog below. e<ob> . saxih ss a 6tti ts9 viewing. ? may l>t?+al L>w ? ? for embalming' we win ex?iny+hy If , selected a Cuttaal that tray reAu;re is Stich as filled ate «imrt tatDate of Death ing you did not approve if yW self For the Service of / r-4 L Jr /1 _. rte! ?? „saw-? State ?S Charve to' Name A. CHARGE FOR SF.iNM SBECM 1. FRoFMIONAL SMCES Services of Ftlrteral DIII/Sra(f ...... $--'1 Sj- Preparation of body ..... f 4-_ .............. ........... SUS. '[07AL OF P SE1?Tf1K1I8 ....... . S_J.ac-1- Al 2. FACIUM AND SERUM Use of h dl" art savtces fa S - viewing (whs?u'°"/tF+l°`) Use of haliues and se""M i . t f for funeral ceremony •----- Use of fa17oes -16 services for . $ orial service ............... M em Use of Woo--s and services f for graveside service ... • • • . • Other use Of bd ities ..........f ................... SUB-YOTAL OP PAS A2 5 -- 3. AUTOMOTIVE EQUOIEIry ral Home vehicle to transfer remains 1§erK ' f - Loml .................... Hearse (Casket CaadJ _ Local .................... Limousine s Family car S Local ............. [lower car or floral daoatitl0r, f t w? t .. Local ............ .......... Lead car/CkW car f! - Car for pallbearers .. f Local ...................... out of town transportation ........... f SUtf-TOTAL OF AITl01[0MB BQF1OUEff ' - . A3f1ec?- .. . TOTAL OF PtOPSSSIONAL Ste, FACnZMS AND AUTOMOTTVE EQUIMAW ............................... A ..... CHARGE FOR 1=CHANDLSB B SEZC 11W' - . . Tr- Casket Other RecePuCle ............ ......f (Description) Ouler burial container ........ ...... S c (,Description) Ackrl(miedg t arch' ..... ...... S?Ae S Alelnory folders ............ ..... .. _ .. J l+[l Prayer card ............... ..... 5 Ter upof-ary grave Inarkcr .... .... Odra clothing ?--- .......... S Creroutaw um ......... . (Description) OTHER S 3 YUfi'AL 1 SELECTED .... ..............B f C. gsCUL CIMGM Poramdirtg Of Fcauitu to S (Fused Home) Reoervng of reamK from S (Funeral Horne) irmnednte Burial . ................. s Direct Creauton .................. f SUB Tom OF SPECIAL CHARM ..... . ..... . D. CASH ADVANCED ............. G ?_ Opegitg ars ...... ........ . .... $ Cemetery . . Lot and Deed ...................." NOtces-taW ........... $ o . f--- N Newspap,, N°nas"Outof-mom ... S .. . Airfare ....................... (7er89/Mass Oiferto8 . . ....... . .. G ?- ........... . . 6 f . Pall arers .... -`. ". Catdred Copies of fie oath ........ Cerfij ate . ,(a, -et a+eca 12- Z'-4'p .. s . . f -- Police Escort ............. . . . . . . s . . f?- wilt Service CLtatge ........ . rt j S S D Sig S WTIIYfAL OF ADVANCES ...... .. . We cilar you for our services in obtaining oes got are marh&4+0) d oau (sperfj/ ca* a SUMMARY OF CHARGES A. Professional Services, Facilities and Equipntmt, and Aumntotive Equipment . . ....... . ........... . B. Merdlandise ................... . C. Special Charges ................. . D. Cash Advances ................... TOTAL OF ALL swnONS .... . pAID AT TM OF OR pWOR TO BALANCE DUE $ _le.? - s3?7S T S 117Lr gFASON FOR F.MBAIWNG , :t if any tae, ecm Yep', or eruuaa)ry requireincnt, Iha,c rcquircd the purchase of any of the dents listed a!xlee, [her 6r1 or reyoirYUent i. czplaineJ ixlots. Burial clothing . ................... $ sent that i bare suBi(icni lunch- ;IC:litahl_ hr p::yincnt of the ri,h price for the gexxls I ,rgar that t have ev,mined the item. (><gexxh arid aen'tces xletitYl alxrr and found tun ul ix cl r ct inctit t! lhw?l nI11 rtd Iv, ak '?nte Jlh` it I t tutithml (Inkn I`+tl`1'1 t) l receipt of 1 cup) of (hl. Statement of Funeral Go(xl and ScTVi e S Iccted`T nT'R 1 II bt giphcJ t th pvJ d n'. Lt uvur . 30 ixl this and <eru uadcd. 1 also agar I?oo}}me panunt mr?xh m i° ----.---+----- - t t -n 1 x I> 1 I Ider aGre(nx nt. dgns WM% \ l:ac clnlge of /ub p,' I?IIRYaI D11L'tll)( all re'aXlnaile' ?<)115 iY 1 I I t t t • I n 1 1 1(el ;I 1,r .? hut: Itu :lhcr Ills J.?tt. 1 Ihi1 aLru,nYlt [till fr(Hil Ills' (!'Ile of (1`.11 :l4rC('meilt I "Ill :IIiU I1ir' l0 the xJ.r,, Tho e io lti may 'ncludc :mor,os fees. Olult cots . n(t idhcr sat, AD' aJJiuunal ocrricc ( I 1 he considewd rt 1! this agrrmcnt .1nJ th -I lbcrcuf will Ix• ItOc t the final 6111 oc..+unnu.u:. / -- - ?_-_-- (Seat) I W WIT) r or I t tie:1l l f'llrtll.lti'(1 U11?,1. I? '. «.:l 1)Y'?:: •' m m `i n m t ED w co o g 0 ? o cn ? 'm SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MEC14ANICSBURG. PENNSYLVANIA 17055 gICHA" C. SNELBAKER KEITH O. BRENNEMAN Paula Osterling 659 William Way Mechanicsburg, PA 17055 Joseph M. Andreoli 2530 Derry Street Harrisburg. PA 17111 717-697-8528 November 3, 2008 Re: Malpezzi Funeral Home Dear Ms. Osterling and Mr. Andreoli: P. O. BOX 318 FACSIMILE (717) 697-7681 Please be advised that we represent Malpezzi Home of g arket and service sat a Way, Mechanicsburg, Pa the0 time of the death of Antonio provided pndreolig ode your personal requests As of this date, an unpaid balance is owing to our client in the amount of $8,589.40, plus accruing late charges. You are hereby reminded that you jointly and severally obligated yourself the immediate to in writing to pay for our client's goods and sari's not made by Tuesday, November 18, 2008, we payment of the above sum. If payment in fu for the land have been authorized to institute an action at law in the Court and other attorneysf fees, court coCstounty balance due plus continuing late charges, our clnt litigation expenses as agreed in the writing mentioned above. e made at our We will give no further notice before commencing other guaranteedtfunmust ds.bPersonal checks office in cash, certified check, bank cashiers the o will not be accepted. ery 1 S. Richard C. Snelbaker RCS:jjc cc: Malpezzi Funeral Home AND THIS IS. AN ATTEE PWI O BE U LLECT ED OR THA PURPOSE INFORMATION. OBTAIN C m, Im.3 Cy mm io w m 0 8 0 -o 0 n ? 'm N ? q crs ? `? 4 J J' a O p a n n .? A ? cs z LA X W co 4 a uj - tL, rn .c N '? Z CO ? U-) 60 ? -+ ?- o F- k Go r ?-+ Do rn O w ~ Q *w ? C, o p ocLL ?-00 4qy 21,69 rr 14 Ppi 1: 19 478.50 PO WRY Cc* as 74 P t aa3lo8S Sheriffs Office of Cumberland County R Thomas Kline rttir of iclflntiar Edward L Schorpp Sher f Solicitor G V fG? l?lJ, 'YY Ronny R Anderson Jody S Smith Chief Deputy OFFICE C`T"B SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/20/2009 04:35 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 20, 2009 at 1635 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Paula Oesterling, by making known unto Kevin Leader, adult in charge, at 659 William Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055, its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.42 SO ANSWERS, April 21, 2009 Docket NO. 2009-2333 Joseph Andreoli v Paula Oesterling R THOMAS KLINE, SHERIFF Deputy Sheriff j GJ ?ti Robert F. Clara 500 North Thin Harrisburg, PA (717) 2334780 Supreme Court Attomey for Pie al, Esq. Street, 2nd Floor 7101-1167 19222 JOSEPH AN REOLI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-2333 PAULA OES ERLING, Defendant : CIVIL ACTION - LAW IMPORTANT NOTICE PURSUANT TO PA. R.C.P. 237.1 and 237.5 TO: Paula esterling, Defendant 659 William Way Mech 'csburv, PA 17055 DATE OF NOTICE: May 18, 2009 YOU RE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANC PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOU DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YO ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT Y BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR ROPERTY OR OTHER IMPORTANT RIGHTS. YOU S OULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA YER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 3 South Bedford Street Carlisle, PA 17013 00) 990-9108 I AVISO IMPORTANTE FECHA DES. AVISO: May 18, 2009 US D ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARE ENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA C RTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTA O CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA S YA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDA U OTROS DERECHOS IMPORTANTES. USTE DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED N TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTE OFICINA P DE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI US ED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA FICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN ERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICA . 'umberland County Bar Association 2 South Bedford Street 'arlisle. PA 17013 990-9108 AL & Date: ROBERT,F. CLARAYAL 500 North Third Street, 2nd Floor Harrisburg, PA 17101 (717) 233-4780 Supreme Court I.D. #19222 Attorneys for Plaintiff r JOSEPH ANDREOLI, Plaintiff PAULA efendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2333 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I Notice first certify that I have this day served a true and correct copy of the attached Important United States mail, postage prepaid, addressed to the following persons: Paula Oesterling 659 William Way Mechanicsburg, PA 17055 Date: CLARAVAL & CLARAVAL By-bPA ' DENISE I. WILLIAMS Fl 1- F- I C, r THE r' `i ; C ;RY 2009 MAY 20 PM 1: 40 ?r IN THE COURT OF COMMON PLEAS OF THE 9"' JUDICIAL . CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH ANDREOLI Plaintiff V. PAULA OESTERLING Defendant TO: JOSEPH ANDREOLI NO. 09-2333 Civil Term Civil Action - Law NOTICE TO PLEAD YOU ARE HEREBY ORDERED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Lee E.' Oest-?rl g,-E uire Supreme Court ID # 71320 659 William Way Mechanicsburg, PA 17055 (717) 691-9435 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH ANDREOLI Plaintiff V. PAULA OESTERLING Defendant NO. 09-2333 Civil Term Civil Action - Law PRELIMINARY OBJECTIONS TO COMPLAINT OF PLAINTIFF, JOSEPH ANDREOLI AND NOW, comes the Defendant, Paula Oesterling, by and through counsel, Lee E. Oesterling, Esquire and files these preliminary objections to Plaintiffs Complaint. 1. On or about April 14° 2009 Plaintiff initiated the above action by filing a Complaint wherein, plaintiff demands judgment against Defendant for funeral costs associated with the funeral and burial expenses of Mrs. Oesterling's stepfather and Plaintiffs father Antonio Andreoli (hereinafter the "decedent.") 2. Prior to the death of her stepfather, Defendant was Antonio Andreoli's Attorney in Fact/Power of Attorney. (A true and correct copy of the POA for Antonio Andreoli is attached hereto as Exhibit "A"). 3. Mrs. Oesterling was also Attorney in Fact/Power of Attorney for her mother and the wife of the decedent Giovanna Andreoli. ( A true and correct copy of POA for Giovanna Andreoli is attached hereto as Exhibit "B.") 4. For several years prior to their deaths in September 2007 and February 2008 respectively, the Defendant also housed, provided medical care for and assisted her mother and step-father in managing their financial affairs in accordance with the attached Powers of Attorney, including, but not necessarily limited to, assistance with paying bills and making bank deposits on their behalf. Defendant notes that the parties managed their own checking account as a matter of continuing to remain independent and also to maintain as much of their privacy as possible. To the best of Defendant's knowledge, information and belief her parents were solvent at all times prior to their respective deaths. 5. Prior to their death both the decedent Antonio Andreoli and Giovanna Andreoli represented to Defendant that they were able to maintain financial responsibility for any funeral arrangements and had even established to Defendant that they had taken actions such as purchasing a vault in Gate of Heaven Cemetery and covering their burial costs. 6. On September 4, 2007 Antonio Andreoli died at Defendant's home after complications from a protracted illness. 7. On that same date Defendant who was already distraught from her step-father's death and her mother's condition relative thereto went to Malpezzi Funeral home to make arrangements for the service, mass and opening of the vault to inter the decedent Antonio Andreoli. Defendant was asked by her mother to "take care of things" and assured her daughter, (the Defendant), that she would be able to pay for any costs that were not already covered. 8. Defendant, Paula Oesterling signed the document attached to Plaintiff's Complaint as Exhibit "A" in her capacity as Power of Attorney for her mother, Giovanna Andreoli. 9. The funeral home staff were aware that Defendant was signing in this capacity. 10. After the burial of the decedent, Antonio Andreoli, his wife Giovanna Andreoli fell ill and any monies she received from Social Security were put in suspense due to her medical treatment and possible Medicaid liens. 11. Giovanna Andreoli died on February 5, 2009 at the home of the Defendant. 12. An estate is presently open for Giovanna Andreoli in the Orphans Court for the 9t' Judicial District Cumberland County Pennsylvania. PRELIMINARY OBJECTION IN ACCORDANCE WITH P&&C P 1028(x) (1) FOR LACK OF IN PERSONAM JURISDICTION 13. Paragraphs 1 through 12 are incorporated by reference thereto. 14. The obligation for the funeral expenses of Antonio Andreoli was not binding upon Paula Oesterling as she was acting in her capacity as Power of Attorney to bind the principal Giovanna Andreoli as the guarantor of any future payments to Malpezzi Funeral Home. 15. The Defendant Paula Oesterling is not personally liable for acts that are within her authority and her fiduciary obligations to her mother (the principal). 16. The Plaintiffs claim is lacking for failure of in personam jurisdiction over the Defendant Paula Oesterling as his actual remedy is against the estate of Giovanna Andreoli. WHEREFORE, Defendant, Paula Oesterling respectfully request that this Honorable Court issue an Order sustaining the instant preliminary objection and dismissing the claim of Plaintiff Joseph Andreoli. PRELIMINARY OBJECTION IN ACCORDANCE WITH PaR,C.P 1028(a)(4) FOR LEGAL INSUFFICIENCY OF A PLEADING 17. Paragraphs 1 through 16 are incorporated by reference thereto. 18. Defendant is not personally liable on the note as she was acting in her capacity as Power of Attorney to bind the Principal Giovanna Andreoli at her direction and consent. 19. Defendant is not personally liable and she therefore cannot be jointly and severally liable. 20. Defendant is not personally liable and therefore there exists no privity of contract between the Plaintiff and the funeral home. 21. Plaintiff has failed to state a cause of action that can be prosecuted and therefore Defendant has no obligation to defend and as a matter of law may demur. WHEREFORE, Defendant, Paula Oesterling respectfully request that this Honorable Court issue an Order sustaining the instant preliminary objection and dismissing the claim of Plaintiff Joseph Andreoli. PRELIMIlVARY OBJECTION IN ACCORDANCE WITH PaR.('.p 10 FOR LACK OF CAPACITY TO SUE AND FAILURE TO JOIN PARTY 22. Paragraphs 1 through 22 are incorporated by reference thereto. 23. Plaintiffs remedy is against the principal Giovanna Andreoli and her estate. 24. Plaintiff has failed to establish in personam jurisdiction against the proper party (the estate of Giovanna Andreoli) and has failed to join Giovanna Andreoli as a party to this action. WHEREFORE, Defendant, Paula Oesterling respectfully request that this Honorable Court issue an Order sustaining the instant preliminary objection and dismissing the claim of Plaintiff Joseph Andreoli. Zee E. Oester in , quire Supreme Court ID #71320 659 William Way Mechanicsburg, PA 17055 (717) 691-9435 Attorney for Defendant VERIFICATION I verify that I am the attorney for the Defendant and that based upon repreentations made to me and upon personal knowledge or information and belief that the statements made in these Preliminary Objections are true and co d that fal statements herein are made subject to the penalties of 18 Pa.C.S. § 490, relating to sworn f sification to authorities. Lee E. 06/01/2009 13:14 7177963600 R MARK THOMAS ESQUIR PAGE 02/13 DURABLE POWER OF ATTORNEY GIOVANNINA ANDREOLI. TO PAULA P. C.Al 01YE SE I, a resident of Cutnberland County, Plennsytvania, with a marlins address of 13 Raspberry Drive, h?techathicsbttrs, PA 17033 do hereby appoint PATITA V t'A SL eef_Bt16 cdrr v e _garmot ilda?aeiral NN 61 VA t'1FWS (beninafter relbrred to as "my agent"), as my agent with Yuri power of substitution, for me and in my name to trattsect all of my business and to manage all trey property and affairs as I might do if personalty present, including but not limited. to the following powers: Durable Power of Attorney Thus power of. attorney aball not be affected by my subsequent disability or incapacity. All acts done by my agent pursuant to this power during any period of my disability or incapacity shall have the same effect and inure to my benefit mW bind the aed my successors in interest as if I were competent and not disabled. Management of Assets I. Cash A .-mmts: To collect and receive any money and sasses to which I may be ensured; to deposit cash and checks in any of my accounts; t0 endorse for deposit, transfer or collmdon. in my name and for my account any checks payable to my order; and to draw and sign checks for me and m my name, including any accounts opened by my agent in my name at any bank or banks, savings society or elsewhere; and to receive seed apply the proceeds of std checks as my agent deems best; and to act as my represernwve payee for all Social Security. Medicare, and other fader :l and state bencti 2. S=ka and Bonds: To take custody of my stocks, bonds and other invesunents of all iaaxis, to give orders for the salc, exchange or sun vadler of any such investments and to receive the proceeds therefore; to suet and deliver assignments, stock and bond powers and other such documents required for any assignment, sale, exchange or surrender; to give orders for the purchase of stocks, bonds and other im?esurmts of any kind and to settle for the same; to give instructions as to the registration thereof and the w, Ring thereof and the mailing of dividends and interest; to clip and deposit coupons attached to any coupon bonds, whether now owned by me or hereafter acquired; to rent me at shareholders' mee fts and vote proxies on my behalf; and ge rherally tD manage and handle my investments. 3. P=3w'kt v. =zW: To buy or sell at public or private sale for cash or credit or by any other means whatsoever, to acquire. dispose of. repair, sitar or Managt my mr%gibte personal property or any inrermts 9XH16 !T 1W `/ 06/01/2009 13:14 7177963600 R MARK THOMAS ESQUIR PAGE 03/13 therein. 4. Roarr RuX M: To lease, sell, release, convey, extinguish c r mortgage any hoviest in any real estate I may own, oe such berms as my agent deems advisable, and to purchase or odxuvnse acquire any interest in and acquire possession of real property and to accept all deeds for such property; and to manage, repair, improve, maintain, restore, build or develop any real property in which i, now have or may later acquire an interest. 5. Safe D=mit..Hnxt s: To have access to all safe deposit boxes now or hereafter standing in my name; and to add to and to. emove all the contorts thereof, and to enter into leases for such safe deposit boxes or surrender them. 6. In- mma: To procure, change, carry or cancel insurance; of such kind and in such amounts against any and all risks aflkating property or persons against liability, damage or claim of any sort 7. =afi P1=: To apply for and receive any government, insurance and retirement benefits to which I may be entitled and tD exercise any right to elect benefits or payment options; to terminate, to change beneficiaries or ownership, to assign rights, to borrow or receive cash value in return for the surrender of any or all rights I may have in life insurance policies or bemefitx, annuity policies, plans or benefits. mutual fund and other dividend invermnent plans and retirement, profit sharing and employee welfare plans and benefits. 8. Iaxes: To represent me in all tax matters; to prepare, sign and file federal, state and/or local income, gilt and odd tax returns of all kinds, including all Internal Revenue Service forms numbered 1 through 10,000, joint returns, claims for refunds, requests for extensions of time, petitions to tax courts or other courts regarding tax matters, and any and all other tax related documents, including but not limited to, eonsmrts and agreements under Section 2032A. of the ruaw1W Revenue Code or any successor section thereto and consents to gifts, closing agreements and any power of attorney .form required by the Internal Service authorization forms, nos. 2848, or its equivalent and/or any state and/or local taxing authority with respect to any tax year between the years 1970 and 2040; to pay taxes due, collect and make disposition of refunds as my agent shall deem appropriate; post bonds, receive confidential information and contest deficiencies determined by the Internal Revenue Service and/or any state and/or local taxing authority; to exercise any ekctioes t may have under federal slate or local tans laws; and generally tr represent me in all tax matters and proceedings of all kinds and for aft periods between the years 1970 and 2020 before all officers of the Internal Revenue Service and state and local authorities; to engage, compensate and discharge attorneys, accountants and other tax and financial advisers and consultants to represent and/or assist me in connection with any and all tax matters involving or in any interest or responsibility. 9. Batzo?c: To borrow money for my account on whatever terms and conditions my agent deeins advisable. including the right to borrow money on any insurance policy issued on my life for any purpose; and to pledge, assign, and deliver such policies as security without any obligation whatsoever on the part of such insurance company to determine the purpose fvr such loan or the application of the proceeds- 10. E mpla man of CW3=: To employ lawyers, investment counsel, accountants, custodians, physicians, dentists, nurses, therapists and other persons to render services for or to me or my estwn and to pay the 06/01/2009 13:14 7177963600 R MARK THOMAS ESQUIR PAGE 04/13 usual and reasonable fees and compensation of such persons for their services. 11. DegClaima of Trtiler?sttt: To release or disclaim on my behalf any interest in property. 12. Rz! oAr._anPon : This power may be accepted and relied upon by anyone to whom it is presented until such person eithcr reccives written notice of. revocation by me or a guardian or similar fiduciary of my estate or has actual knowledge of my death. 13. Hold marmign: All actions of my agent shall bind me and my heirs, dist6butees, legal representatives, successors and assigns, and for the purpose of including anyone to act in, accordance with the powers I have granted herein, t hereby represent, warrant and agree that if this power of attorney is terminated or amended for any reason. I and my heirs, distributees, legal representatives, successors and assigns will hold such party or parties harmless from any loss suffered or liability incurred by such party or parties while acting in accordance with this power prior to that party's receipt of written notice of any such termination or amendment 14. R'+lian= anPnv=: This power may be accepted and relied upon by anyone to whom it is presented until such person either receives written notice of revocation by me or a guardian or similar fiduciary of my estate or has actual knowledge of my death. 15. l4nW Harmlleg : All actions of my agent shall, bind me and my heirs, dislributees, toga) representatives, successors and assigns, and for the purpose of including anyone to act in accordance with the powers I have granted herein, i hereby represeaht, warrant and agree that if this power of attorney is terminated or amended for any reason, i and my heirs, distributees, legal representatives, successors and assigns will hold such putt' or patties harmless from any loss suffered or liability incurred by such party or parties while acting in accordance with this power prior to that party's receipt of written notice of any such termination or amendment 16. Suevrrahilky/ ln?, _ wAf + T: 1 direct that if any specific power in this declaration be held to be invalid, that invalidity wilt trot offset other powers which can be of wtuated without the invalid power. 17. Entire Aglearnent: The provisions encompassed in this document numbered pages 1 through 4 and incorporated by reference constitute the entire agreement. 18. P_=n_SUIyan'a Law [',rw c: Questions pertaining to the validity, construction and powers created under this imorument shall be determined in accordance with the laws of the Commonwealth of Pennsylvania. I have signed this power of attorney this ??ay of k nt/?,c 2004. Gnovannina. Andreoli /L37- W0-1!5 3 + Social Security Number 06/01/2009 13:14 7177963600 R MARK THOMAS ESQUIR PAGE 05/13 Acknowledgment Commonwealth of Pennsyivania County of ^%!j>> On this (;30 day ofd`'-- 1004 personally appeared before me, a Notary Public in and for the said County and State, the above-named individual, GTOV A, ANDREOLI, who acknowledged the foregoing Power of Attorney to be her act and dead and desires the same might be recorded as such according to law. J have signed my name and my seal on thelday and N My Commission Expires: aforesaid. NrAaq'W Sr-W -- _ r ., - AAaorNnlnburg Ek)ro. C:mbeesnc? col.r;y W COrrN *sion EWm Apr. 20.2nI t m*o PaWW*,w* AsaoaN'an O,• Noia?i0s 4 ;? i S L Y S 06/01/2009 13:14 7177963600 R MARK THOMAS ESQUIR PAGE 06/13 ACKNOWLEDGMENT EXECUTED BY AGENT 1, Paula P. Camplese, have read the attached power of attorney and am the person identified as the agent for the principal. T hereby acknowledge that in the absence of a specific provision to the contrary in the power of attorney or in 20 Pa C, S. when i act as agent: I shall exercise the powers for the benefit of the principal I shall keep the assets of dw principal separate from my assets I shall exercise reasonable caution and prudence 1 shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. Paula P. Camplese Date: / - k- em ./ 06/01/2009 12:14 7177963600 R MARK THOMAS ESQUIR PAGE 07/13 Notice to Individual Granting Power of Attorney ,NOTICE The purpose of. this power of attorney is to give the person you designate, (your " agent") broad powers to hasdic ypour property, which may include powers to sell or otherwise dispose of any real or per..sonal property withamt advance notice to you or approval by you. 'Ms power of attorney does not impose a duty on your agent m exercise granted powers, but when powers are exercised, your agent roust use due careto act for your benefit and in accordance with this power of attorney. Your agent may exercise the powers given hCM throughout your lifetitne, even after you become =SPEciated, unless you expressly limit the duration of these powers or you revoke these powers or a court acting on your behalf terminates your agent' s autbority_ Your agent must keep your funds separate from your agent' s funds. A court can take away the powers of your agent if it finds your agent is not acting properly. 'Ihe powers and duties of an agent under a power of attomey are explained more fully in 20 Pa.C.S. Chapter 56. It there is anything about this form that you do lot understand, you should ask a lawyer of your own choosing to explain it m you. I have read or had explained to me this notice and I understand its contents. Giovennins Andreoli, Principal Dale: 6 06/01/2009 13:14 7177963600 R MARK THOMAS ESQUIR PAGE 08/13 DURABLE POWER OF ATTORNEY ANTONIO ANDREOLI TO PAULA P. CAWIME 1, a resident of Cumberland County, Pennsylvania, with a mailing address of 13 Raspberry Drive, Mechanicsburg, PA 17055 do hereby appoint iP_AI3.A E AaM_» W. of 60 SnwA verlcSawS. tea.=?? IPA I (hereinafter referred to as "my agent *l as my agent with full power of u6nitution, for me and in my name to transact all of my business and to manage all my property and affairs as I might do if personally present, including but not limited to the following Powers: Durable Power of Attormey This power of attorney shall not be affected by my subsequent disability or incapacity. All acts done by my agent: pursuant to this power during any period of my disability or incapacity shall have the same effect and inure to my benefit and bind me and my successors in interest as if I were competent and not disabled. MaWetnent of Assets 1. C*gh Acra intro: To collect and receive any money and assets to which I may be emitted; to deposit cash and checks in any of my accounts; to endorse for deposit, transfer or collection, in my name and for my account any checks payable to my order; and to draw and sign checks for me and in my name, including any accounts opened by my agent in my name at any bank or batiks, savings society or elsewhere; and 1o receive and apply the proceeds of such checks as my agent deems best; and to act as my representative payee for all Social Security, Medicare, and other federal and state benefits. 2. - a atuAmidr: To take custody of my stocks, bonds and other investments of all kinds, to give orders for the sale, exchange or surrender of any such investments and to receive the proceeds therefore; to sign and deliver assignments, stock and bond powers and other such documents requited for any assignment, sale, exchange or surrender; to give orders for the purchase of stocks, bonds and other investments of any kind and to settle for the same; to give instructions as to the registration thereof and the mailing thereof and the mailing of dividends and interest; to clip and deposit coupons attached to any coupon bonds, wbether now owned by me or beresher acquired; to represent me at shareholders' meetings and vote proxies on my behalf; and generally to manage and handle my investments. 3. Persenxt >hv: To buy or sell at public or private sale for cask or credit or by any other means whatsoever; to acquire, dispose of, .repair, alter or manage my tangible personal property or any interests 06/01/2009 13:14 7177963600 R MARK THOMAS ESQUIR PAGE 09/13 therein. 4. got per: To lease, sell, release, convey, extinguish or mortgage any interest in any real estate I may own, on such tams as my agent deems advisable, and to purchase or otherwise acgt*e any irorest in and acquire possession of real property and to accept all deeds for such property; and to manage, repair, improve, aWntain, restore, build or develop any real property in which I now have or may later acquire an interest. 5. S2& tpas+* Bm«: To have access to all safe deposit boxes now or hereafter standing in my name; and to add to and to remove all the contents thereof; and to enter into leases for such safe deposit boxes or surrender than. 6. Inman= To procure, change, carry or cancel insurance of such kind and in such amour against any and all risks affecting property or persons against liability, dannage or claim of any sort. 7. Ekoda Plant: To apply for and receive any government, insurance and retirement benefits to which I may be entitled and to exercise any right to elect benefits or payment options; to terminate, to change beneficiaries or ownership, to assign rights, to borrow or receive cash value in return for the surrender of any or all rights I may have in life insurance policies or benefits, annuity policies, plans or benefits, mutual fund and other dividend investment plans and retirement, profit sharing and employee welfare plans and benefits. 8. In : To represent me in all tax matters; to prepare, sign and file federal, state and/or local income, gift and otter tax returns of all kinds, including all Internal Revenue Service forms numbered 1 through. 10,000, joint returns, claims for refunds, requests for extensions of time, petitions to tax courts or other courts regarding tax matters, and any and all other tax related documents, including but not limited to, consents and agreements under Section 2032A of the internal Revenue Code or any successor section thereto and consents to gigs, closing agreements and any power of attorney form required by the Internal Service authorization forms, nos. 2848, or its equivalent and/or any state and/or local taxing authority with respect to any tax year between the years 1970 and 2040; to pay taxes due, colloct and make disposition of, refunds as my agent shall deem appropriate; post bonds, receive confidential information and contest deficiencies determined by the Internal. Revenue Service and/or any state and/or local taxing authority; to exercise any elections I may have under federal state or local tax laws; and generally to represent me in all tax matters and proceedings of all kinds and for all periods between the years 1970 and 2020 before all officers of the Internal Revenue Service and state and local authorities; to engage, compensate and discharge attorneys, accountants and other tax and financial advisers and consultants to represent andfor assist me in connection with any and all tax matters involving or in any interest or responsibility. 9. ?nisc: To borrow money for my account on whatever terms and conditions my agent deems advisable, including the right to borrow money on any insurance policy issued on my life for any purpose; and to pledge, assign, and deliver such policies as security without any obligation whatsoever on the part of such insurance company to determine the purpose for such loan or the application of the proceeds. 10. Fmpkwmest of Qtba : To employ lawyers, investment counsel, accountants, custodians, physicians, dentists, nurses, therapists and otter persons to render services for or to me or my estate and to pay the 2 'i 06/01/2009 13:14 7177963600 R MARK THOMAS ESQUIR PAGE 10/13 usual and reasonable fees and compensation of such persons for their services. 11. . To release or disclaim on my behalf any interest in property. 12. Rob= an Ems= • This power may be accepted and relied upon by anyone to whom it is presented until such person either receives written notice of revocation by me or a guardian or similar fiduciary of my estate or has actual knowledge of my death. 13. Nnld Ractalass: All actions of my agent shall bind me and my heirs, distributees, legal representatives, successors and assigns, and for the purpose of including anyone to act in accordance with the powers I have granted herein, I hereby represent, warrant and agree that if this power of attorney is terminated or amended for any reason, I and my heirs, distributees, legal representatives, successors and assigns will hold such party or parties harmless from any loss suffered. or liability incurred by such party or parties while acting in accordance with this power prior to that party's receipt of writdm. notice of any such termination or amendment 14. Relj*w+ r. m R mw: This power may be accepted and relied upon by anyone to whom it is presented until such person either receives written notice of revocation by me or a guardian or similar fiduciary of my estate or bas actual knowledge of my death. 15. HoW Harmless: All actions of my agent shall bind me and my heirs, distributees, legal represauatives, siccessors and assigns, and for the purpose of including anyone to act in accordance with the powers I have granted herein, I hereby represent, warrant and agree that if this power of attorney is terminated or amended for any reason, I and my heirs, distributees, legal representatives, successors and assigns will hold such party or parties harmless from any loss suffered or liability incurred by such party or parties while acting in accordance with this power prior to that party's receipt of written notice of any such termination or amendment 16. Sa•+ bility/. lift : I direct that if any specific power in this declaration be held to be invalid, that invalidity will not offset other powers which can be effectuated without the invalid power. 1.7. F . The provisions encompassed in this document numbered pages 1 through 4 and incorporated by reference constitute the entire agreement. 18. Pennabania i.aw (`•ai=g• Questions pertaining to the validity, construction and powers created under this instrument shall, be determined in accordance with, the laws of the Commonwealth of Pennsylvania. T have signed this power of attorney this 4A day of Jaz004. Antonio Andreoli /'?5.-07- 322-7 Social Security Number 06/01/2009 13:14 7177963600 R MARK THOMAS ESQUIR PAGE 11/13 Acknowledgment Commonweahh of Pamsyivania County of C'Urnb fa- fin d On this (5" day of"".004 personally appeared before roe, a Notary Public In and for the said County and State, the above-named individual, ANTONIO ANMOLI, who acitnowiedged the foregoing Power of Attorney to be his act and deed and desires the same might be tecorded as such according to law. I have signed my name and affixed my Aal on the dk-y64nd year Notary My Commission Expires: 4?../ ,t 9, Zooe, nloYrtd 9eM L" 08d" . pMowry pwft MUduN , , U I Spa, CWT beNno Cam* kINdw. Pao Ovalle in AwodOm of Nol?w 4 r1b/ CJl/ Lgr *I 13: 14 /1 I / IjbitDOID K MAKK I HUMAS F_5WUIf' ACMOV4MOMENT EXECUTED BY AGENT PAGE 12/13 T, Paula P. Camplese, have read the attached power of attorney and am the person identdW as the agent for the principal. I hereby acknowledge that in the absence of a specific provision to the contrary in the power of attorney or in 20 Pa C. S. when I act as agent- I shall exercise the powers for the benefit of the principal I sha11 keep the assets of the principal separate from my assets I shall exercise reasonable caution and prudence I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. Paula P. Camplese Date: / - ?_ .ZQQ 0 MAKK IHUMAS tti6IU1K Notice to Individual Granting Power of Attorney NOTICE PAGE 13/13 The putptsae of this power of attorney is to give the person you designate, (your " agent") broad powers to handle ypour property, which may include powers to sell or otherwise dispose of any real or personal property without advance notice to you or approval by you. This power of attorney does root impose a dirty on your agent to exercise granted powers, but when powers are exercised, your agent must use due careto act for your benefit and in accordance with this power of attorney. Your agent may exercise the powers given here throughout your lifetime, even after you become incapacitated, unless you expressly limit the duration of these powers or you revoke these powers or a court acting on your behalf terminates your agent' s authority. Your agent must keep your funds separate from you agent' s funds. A court can take away the powers of your agent if-it finds your agent is not acting properly- The powers and duties of an agent under a power of attorney are explained more fully in 20 Pa.C.S. Chapter 56. Tf there is anything about this form that you do not understand, you should ask a lawyer of your own choosing to explain it to you. I have read or had explained to me this notice and T understand its contents. Antonio AmIreoli, Principal Date. j- k - 6 7- CERTIFICATE OF SERVICE Lee E. Oesterling, Esquire, attorney for Defendant, deposes and says that he mailed a copy of the foregoing Preliminary Objections and Notice to Plead in this matter by first class mail to the Plaintiff's Attorney of record at the address and date hereinafter stated. ROBERT F.CLARAVAL, ESQUIRE 500 NORTH THIRD STREET, 2ND FLOOR HARRISBURG. PA 17101 (717) 233-4780 Lee E. Oestel' in&Lsquir-e 659 William Way \ Mechanicsburg, PA 17055 (717) 691-9435 Attorney for Defendant. Date of Mailing: 6/2/09 r.r tw¢r? - Fit OFTH L4O ! U.' 2 yV1C' _ ?. ??V ? 3 a of CUM David ID. Buell' 40, Knee X Simpson Prothonotary o ;4 ;` z 15` Deputy Prothonotary 7(irkS. Solionage, ESQ �s s Irene E. Morrow Solicitor 1750 2''Deputy Prothonotary Office of the Prothonotary Cumberlancd County, cpennsyCvania 69-023 33 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • CarCsle, 'PA 17013 • (717)240-6195 • FaK(717)240-6573