HomeMy WebLinkAbout11-19-14 ESTATE OF GEORGE W. HOWARD : IN THE COURT OF COMMON PLEAS
Deceased : CUMBERLAND COUNTY PENNSYLVANIA
: N0. 21-13-1143
: ORPHANS' COURT DIVISION
c�� PETITIONERS'ANSWER TO NEW MATTER
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�.:� -.' ``' AND NOW the Petitioners, Robert Howard and Dennis Howard, by their attorney, Mark
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�-- A. �Vlateya, E�quire, responds to Respondent, Robert Surefield's New Matter as follows:
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�' .� 16`' -,1�1� response is required.
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�, �`. �,17. A�''the time of the filing of the Petitioner's Motion to Compel Robert Surfield to
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respond to Petitioner's 7 interrogatories, Petitioner had not received any response from Robert
Surfield or his counsel. Chapel Pointe has graciously turned over all medical records in their
care: no records were included from medical providers outside of Chapel Pointe. Therefore, to
the extent that Robert Surfield claims to have turned over medical records, and no medical
records were turned over from Chapel Pointe upon the request of counsel except those from
within the walls of Chapel Pointe, it is denied that Robert Surfield retains no medical records and
strict proof is demanded at the hearing.
18. Admitted in part, denied in part. It is admitted that Robert Surefield served as the
Power of Attorney for George W. Howard from January 5, 2012 until the time of his death on
October 15, 2013. Petitioners are without sufficient information to form a belief as to the
averments of Paragraph Eighteen (18) of Respondent's New Matter thereby the averments are
denied.
19. Denied as stated. Discovery was filed on Robert Surfield on August 29, 2014.A
Certificate of Service was filed with this Court on October 1, 2014 and is part of the record
herein. No response was filed by Robert Surfield or his counsel on or before September 29,
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2014. A Motion to Compel was filed by Petitioners herein on October 17, 2014, eighteen(18)
days after the responses were due. The Motion to Compel was timely filed and Petitioners herein
should not be compelled to pay attorneys fees, as none would be reasonable under these
circumstances.
WHEREFORE, Petitioners respectfully request that this Honorable Court dismiss
Respondent Robert Surefield's New Matter and request for attorney fees with prejudice.
Respectfully submitted,
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Mark A. Mateya, Esquire
PA ID No. 78931
55 W. Church Avenue
Carlisle, PA 17013
(717) 241-6500
(717) 241-3099 Fax
Counsel for Petitioners
Robert Howard and Dennis Howard
Date: ��'� ��1�
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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:
Ivo 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
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Mark A. Mateya, ire
55 W. Church Avenue
Carlisle,PA 17013
(717)241-6500
(717) 241-3099 Fax
Dated: �� ��� �k