HomeMy WebLinkAbout10-31-14 (2) IN RE: . IN THE COURT OF COMMON PLEAS OF
ESTATE OF GEORGE W.HOWARD . CUMBERLAND COUNTY,
. PENNSYLVA1vIA
. NO.21-13-1143 ORPHANS COURT DIV.
ANSWER TO MOTION OF PETITIONERS TO
COMPEL WITH NEW MATTER
Now this 31St 3ay of October, 2014 comes the Respon�ent, Richar�,Surfieid,� tneir
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attorneys, Irwin & McKnight, P.C. and makes the following Answer to Mot�n�f Petitiuner���
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Compel with New Matter: r ; �`'' ,_,�,, '�,' r,;
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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 of fact contained in Paragraph Four(4) of the Petition are admitted.
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5.
The averments of fact contained in Paragraph Five(5) of the Petition are admitted. `
6.
The aveiments oi fact contained in Paragraph Six (6) of this Fetition are admitted.
7.
The averments of fact contained in Paragraph Seven(7) of this Petition are admitted.
8.
The averments of fact contained in Parag:aph Eight(8) of this Petition are admitted.
9.
The averments of fact contained in Paragraph Nine (9)of this Petition are admitted.
10.
The averments of fact contained in Paragraph Ten(10) of this Petition are admitted.
11.
The averments of fact contained in Paragraph Eleven(11) of this Petition are admitted.
12.
The averments of fact contained in Paragraph Twelve (12)of this Petition are admitted.
13.
The averments of fact contained in Paragraph Thirteen(13) of this Petition are admitted.
14.
The avernients of fact contained in Paragraph Fourteen(14) of this Pe�ition are admittecl.
15.
The averments of fact contained in Paragraph Fifteen(15)of this Petition are denied.
There have not been repeated requests. On the contrary, the parties have been attempting to
resolve the case without expensive litigation.
WHEREFORE,the Respondent requests that the Court dismiss the Motion to Compel
with prejudice.
NEW MATTER
AND NOW,the Respondent, Robert Surfield by his attorneys, Irwin& McKnight, PC
makes the following New Matter.
16.
The averments of fact contained in the Answers to the Petition paragraphs One through
Fifteen are hereby incorporated by reference and made part of this New Matter.
17.
Robert Surfield has no medical records concerning Mr. George Howard. All documents
were given to Chapel Point where Mr. Howard was living and were made part of his medical
record at Chapel Point.
i8.
Robert Surfield began serving as Power of Attorney on January 5, 2012 until the death of
George Howard on October 15, 2013. Robert Surfield drove him to medical appointments
scheduled outside of Chapel Point and transferred information from medical providers to Chapel
Point.
19.
The Motion to Compel was premature and the Petitioners should pay the reasonable legal
fees of the Estate and Robert Surfield.
WHEREFORE,the Respondent requests that the Court dismiss the Motion to Compel
with prejudice and assess reasonable legal fees against the Petitioners.
IRWIN & M KNIGH P.C.
By:
Marcus . c ight,III, uire
60 est omfret Street
lisle, Pennsylvania 17013
( 17)249-2353
Sup e Court I.D. No. 25476
Attorney o
Date: October 31, 2014
VERIFICATION
T�e :oregoing document is based upon information, �Nhich 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 unsworn falsification to authorities.
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RO ERT L. SURFIE ,JR.
Date: October 31, 2014
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IN RE: . IN THE COURT OF COMMON PLEAS OF
ESTATE OF GEORGE W.HOWARD . CUMBERLAND COUNTY,
. PENNSYLVAIVIA
. NO.21-13-1143 ORPHANS COURT DIV.
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, r,squire, hereby certify that a copy of attached document 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:
Mark A. Mateya, Esquire John C. Oszustowicz, Esquire
55 W. Church Avenue 104 South Hanover Street
Carlisle,PA 17013 Carlisle,PA 17013
Ivo V. Otto,III,Esquire
Martson Law Offices
10 East High Street
Carlisle,PA 17013
IRWIN & McKNIG T,P.C.
By. Mar us A. McKnight, ,Esquire
60 est Pomfret Street
Carlisle, PA 17013
( 49-2353
Supreme I.D.No. 25476
Date: October 31, 2014
IN RE: . IN THE COURT OF COMMON PLEAS OF
ESTATE OF GEORGE W.HOWARD . CUMBERLAND COUNTY,
. PENNSYLVANIA
. NO.21-13-1143 ORPHANS COURT DIV.
NOTICE TO PLEAD
TO: Mark A. Mateya,Esquire
55 W. Church Avenue
Carlisle,PA 17013
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER TO COMPLAINT WITH NEW MATTER WITHIN TWENTY (20)
DAYS rROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
IRWIN & G , P.C.
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By:
Marcus . M ight, , squire
60 West m et Street
Carlisle, Penns lvania 170
(717)249-2353
Supreme Court I.D.No. 25476
Attorney for Defendant
Date: October 31, 2014