Free Affidavit - District Court of Delaware - Delaware

Case 1 :07-cv-00273-JJF Document 15 Filed 10/O9/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Pamela Carvel, as Citizen, as Delaware Ancillary Case No. 07-CV-00273-**1*
Administrator for Agnes Carvel Estate, as Member
for Thomas and Agnes Carvel Foundation,
Plaintiffs,
William Griffin, Marie Abplanalp, Salvatore
Molella, Robert Davis and Jolm/Jane Do 1-20 Doe
Corp. I-20,
Defendants.
AFFIBAVIT OF SALVADOR MOLELLA
STATE Ol? FLORIDA )
COUNTY OF PALM BEACH l lss
Salvador Moleila, being duly sworn, deposes and says:
I. I am the Vice President, a lViember and a Director of The 'Thomas and Agnes
Carvel Foundation (the "Foundation"). I submit this affidavit in support of my motion to dismiss
the Amended Complaint for Continuing Conspiracy to Violate Constitutional Rights & Commit
Frauds and Demand for Jury Trial (the "Amended Complaint?) tiled by Plaintiff Pamela Carvel
("Ms. Cari/el" or "Plaintiff") on September 17, 2007.
2. I became a Director ofthe Foundation in March 1991, I became a Member ofthe
Foundation in March 1992.
3i I live in Palm Beach County, Florida. I am retired.
4. I received a copy of Ms. Carve1’s original complaint, filed May 21, 2007, by mail,
together with a Notice of Lawsuit and Request for Waiver of Service of Surnmons, dated May
iuriazr 1 rzei

Case 1:07-cv-00273-JJF Document 15 Filed 10/O9/2007 Page 2 of 4
28, 2007. I did not receive personal service of the complaint, nor, to the best of my knowledge,
was a copy of the complaint served upon a person of suitable age at my business, dwelling, or
usual place of abode, I did not execute the Waiver of Service of` Surnmons or otherwise agree to
waive service of the Complaint.
5. On September 13, 2007, Ms Cawei sent to me, by certified mail, a copy of her
Amended Complaint, together with a summons.
6. i did not receive personal service of the Amended Complaint or the summons,
nor, to the best of my knowledge, was a copy of the Amended Complaint or the summons served
upon a person of suitable age and discretion at my business, dwelling, or usual place of abode,
7. I did not, and do not, agree to waive the defects in service of the Amended
Complaint.
8. I am advised by counsel that in September 1995, Pamela and Agnes Carvel
brought a proceeding in the Delaware Chancery Court in which they claimed that Agnes Carvel
owned 100% of the common stock of a Delaware corporation named Andreas Holdings Corp.
(the "Andreas Proceeding") and that Lawrence Fay submitted an affidavit in that proceeding, I
was not and ani not a party to the Andreas Proceeding, I never appeared in Delaware in
connection with the Andreas Proceeding. Mr. Fay was outside General Counsel to the
Foundation in the 19944995 period. I understand that he also represented Robert Davis at the
time in Mr, Davis’s capacity as an ExecutorofTi1omas Carvei’s Estate. (Mr. Davis was also a
Member, Officer and Director of the Foundation at the time.) I have no recoilection of knowing
that Mr. Fay filed an affidavit in that proceeding,
9, On August 27, 2007 the Foundation commenced a proceeding in the Delaware
Chancery Court seeking an order removing Ms. Carvei as Delaware ancillary administrator of
the Estate of Agnes Carvel in Delaware (the "Deiaware Removal Proceeding'), I am not a party
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Case 1:07-cv-00273-JJF Document 15 Filed 10/O9/2007 Page 3 of 4
to the Delaware Removal Proceeding. I have not traveled to Delaware in connection with the
Delaware Removal Proceeding.
10. I do not regularly do or solicit business, or engage in any other persistent course
of conduct in Delaware. Ido not derive substantial revenue from services, or things used or
consumed in Delaware.
ll, I do not have an interest in, use, or possess real property in Delaware.
Slarg al" F7av-lata.
· Salvador Molella
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Case 1:07-cv-00273-JJF Document 15 Filed 10/O9/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on October 9, 2007, a copy ofthe foregoing was electronically tiled
and was also caused to be served on the following as indicated:
VIA FEDERAL EXPRESS
Pamela Cawel
28 Old Brompton Road, Suite 158
London SW7 3SS
England
United Kingdom
J eson A. t Tweedie (#4927)
tweedie@1"lfZcom
RL-F1-3210865—1