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ESTATE OF GEORGE W. HOWARD : IN THE COURT OF COMMON PLEAS
Deceased : CUMBERLAND COUNTY PENNSYLVANIA
NO. 21-13-1143
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PETITIONERS'ANSWER TO NEW MATTER Q:D'
AND NOW the Petitioners, Robert Howard and Dennis Howard , by their96imey, MdYk '
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A. Mateya, Esquire,responds to Respondent, Robert Surefield's New Matter as follows: ° '
44. Averments to which no response is required.
45. Denied as stated. Robert Howard shared with the executor of the estate, when he
was the attorney in fact for George W. Howard during the last year of his life, the evidence of the
two times in George W. Howard's lifetime that Robert had borrowed and repaid-in-full funds
from his father, George W. Howard.
46. It is admitted that Robert Surfield was appointed as the Medical Attorney In Fact
for George W. Howard at the end of his life. It is unknown whether Robert Surfield was
appointed as the Medical Attorney in Fact for any other Howard. Petitioners are unaware of what
"all legal matters"refers to and asks Respondent to clarify the averment of this new matter. By
way of further answer, Petitioners are without sufficient knowledge as to what all legal matters
refers to or who handled these matters for the decedent. Strict proof is therefore demanded at
trial.
47. Denied as stated. By way of further answer, it is admitted that both Robert
Howard and Dennis Howard reside out of state and, as such, did not have regular,physical visits
or contact with anyone in Pennsylvania, including their father. It is fiirther averred that the
Respondent, Robert Surfield, took steps to make telephone contact between George W. Howard
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and his two sons, Robert Howard and Dennis Howard, more difficult.
48. Paragraph 48 contains three distinct issues of fact. In the interest of Judicial
economy, Petitioners will address each of them, seriatim, rather than file an objection which
would require respondent to properly re-file this matter.
It is unknown whether or not George Howard consulted with an attorney prior to the
execution thereof. Strict proof of the same is therefore demanded.
It is unknown whether or not Robert Surfield was present when George Howard executed
the writing of April of 2012. Strict proof of the same is therefore demanded.
Whether or not George Howard had the understanding and capacity to execute a Last
Will and Testament at that time is a conclusion of law to which no response is required. To the
extent a response is required to this third averment of paragraph 48, it is denied and strict proof
of the same is demanded at trial.
Respectfully Submitted,
Mark A. Mateya, E wire
Attorney ID No. 78931
55 W. Church Avenue
Carlisle, PA 17013
(717) 241-6500
(717) 241-3099 Fax
Date: g//,q ��
VERIFICATION
MARK A. MATEYA, ESQUIRE, of Mateya Law Firm, P.C., verifies that he is the
attorney and agent for the Petitioners herein, that the Petitioners' verifications cannot be obtained
within the time allowed for the filing of this pleading, that as attorney for the Petitioners, he has
sufficient knowledge and information concerning the contents of the within document and that the
facts set forth in the foregoing are true and correct to the best of his knowledge, information and
belief. He understands that false statements made therein are made subject to the penalties of 18
Pa. C.S. §4904,relating to unsworn falsification to authorities.
Mark A. Mateya, ES RE
Mateya Law Firm, P.C.
Dated: ell I / q
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CERTIFICATE OF SERVICE
I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing
document on the following person(s) by depositing a true and correct copy of the same in the
United States Mail,by way of United States Mail, first class, postage prepaid, at Carlisle,
Cumberland County, Pennsylvania addressed to:
No V Otto III Esq
Martson Law Offices
10 East High Street
Carlisle PA 17013
Marcus A McKnight, III Esq
Irwin &McKnight Law Offices
60 West Pomfret Street
Carlisle PA 17013
John C. Oszustowicz Esq
104 South Hanover Street
Carlisle PA 17013
Mark A. Mateya, EsqQkP
55 W. Church Avenue
Carlisle, PA 17013
(717) 241-6500
CC (717) 241-3099 Fax
Dated: 0��� I y