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HomeMy WebLinkAbout01-21-14 � . : BEFORE THE REGISTER OF WILLS OF : CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF GEORGE W. HOWARD . DECEASED : NO. 21-13-0 l 143 : ORPHANS COURT DIVISION ANSWER OF ROBERT SURFIELD TO THE PETITION OF ROBERT J. HOWARD AND NOW this 21 St day of January,2014 comes Robert Surfield the beneficiary of the Estate of George W. Howard and makes the following Answer with New Matter to the Petition of Robert J. Howard: 1. The averments of fact contained in paragraph one (1)of the Petition are admitted. 2. The averments of fact contained in paragraph two (2)of the Petition are admitted. 3. The averments of fact contained in paragraph three(3)of the Petition are admitted. 4. The averments af fact conta.ined in paragraph four(4) of the Petition are admitted. 5. �-,� �-.. The averments of fact contained in paragraph five (5)of the Petition�e admitte� �,a � �7 :U C �} �"? '1'7 -��r � �;1' � � � � � �„ r � � � � � � � � � � �' x � c� � ,�, � 'v -� -�n � � � � � � � � � � � � � � Q � � � , ��lJ . 6. The parties desire that the Register of Wills accept the probate and the will of George W. Howard and that the Petitioner desires to appeal that decision to the Orphan Court. All counsel concur with sending these issues to the Orphans Court for a full hearing. WHEREFORE,Robert Surfield requests that the probate of the Last Will and Testament of George W. Howard be accepted by the Register of Wills and this matter be sent to the Orphans Court for a hearing. NEW MATTER AND NOW this 21 St day of Januaxy,2014 comes Robert Surfield by his attorney Irwin& McKnight, PC and makes the following New Matter to the Petition of Robert J. Howard. 7. The averments of fact contained in paragraph one(1)through six(6)of the Answers to the Petition of Robert J. Howard are hereby incorporated by reference and made part of this New Matter. 8. The Last Will and Testament of George W. Howard dated Apri124, 2012 was properly witnessed by Christopher Rice, Esquire and drafted by John C. Oszustowicz, Esquire. 9. At the time of the execution of his will by the testa.tor, George W. Howard. Mr. Howard had proper testimony intent; was of sound mind; and could understand the nature and propose of the Last Will and was not under undue influence from anyone. 2 10. WHEREFORE,the Respondent Robert Surfield requests that the Last Will of George W. Howazd be accepted by the Register of Wills and this matter be Certified to the Orphan Court for a hearing. Respectfully submitted, IRWIN&McKNIGHT,P.C. � By: Marc A. Mc , II, Esq. Supreme Co I.D.: 2 476 60 West Pomfr t � Carlisle,PA 17013 (717)249-2353 Attorney for Robert Surfield,Respondent Date: January 21, 2014 3 VERIFICATION The foregoing document is based upon information, which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. t By: ROBERT SURFIELD Date: January 21, 2014 4 . : BEFORE THE REGISTER OF WILLS OF : CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF GEORGE W.HOWARD . DECEASED : NO. 21-13-01143 : ORPHANS COURT DIVISION CERTIFICATE OF SERVICE I,Marcus A. McKnight, III, Esquire,hereby certify that a copy of the attached Order of Court and Motion for Continuance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class,postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Maric A. Mateya,Esquire 55 West Church Avenue Carlisle,PA 17013 Ivo V. Otto,III,Esquire Martson Law Of�ices 10 East High Street Carlisle,PA 17013 IRWI &Mc GHT,P.C. By: Marc A. Mc i , III,Esq. Supreme Court I. .. 25476 60 West Pomfret Street Carlisle, PA 17013 (717)249-2353 Attorney for Robert Surfield,Respondent Date: January 21, 2014 5