HomeMy WebLinkAbout12-31-14 �;.
ESTATE OF GEORGE W. I-�OWARD : IN THE COURT OF COMMON PLEAS
Deceased : CUMBERLAND COUNTY PENNSYLVANIA
: N0. 21-13-1143
: ORPHANS' COURT DIVISION
PETITION FOR WITHDRAWAL OF APPEARANCE
Petitioner, Mark A. Mateya, Esquire submits this Petition to Withdraw his Appearance on
behalf of Robert Howard and Dennis Howard in the above-referenced action, and ir�i.�port � �,
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avers the following: ' � � � � �
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1. Petitioner initiated the present action on behalf of Robert Howard and De�ii�Ho�rd �;,1 c�
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by way of filing a formal caveat with this Court on or about December 12, 2013;^;theieafter�aP rv ��
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Petition to Certify the Matter to the Orphans' Court for a full hearing was filed on January 10, �'
2014.
2. A hearing was held before the Register of Wills on February 18, 2014,to address the
Caveat,the Petition for Grant of Letters, filed by John C. Oszustowicz,the Petition to Certify the
Matter to the Orphans' Court and the Answer of Robert Surefield to the Petition of Robert J.
Howard.
3. An Order of Court was issued on August 13, 2014, after a status conference before the
Honorable Judge M. L. Ebert, Jr., setting the discovery deadlines and a trial date of February 4,
2015.
4. Discovery ensued between counsel for the respective parties and at the conclusion of
the discovery, Petitioner, Mark A. Mateya and counsel for Robert Surefield reached an
agreement to settle the matter prior to the trial date of February 4, 2015.
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5. Thereafter, Robert Howard has refused to cooperate in the finalization of the
settlement agreement.
6. Petitioner, Mark A. Mateya, requests this Court permit him to withdraw from this case
as he no longer has the confidence or cooperation of Robert Howard.
7. Dennis Howard does not wish to proceed further with the litigation of this matter and
concurs with Petitioner, Mark A. Mateya withdrawing from this case.
8. Robert Howard does not agree to the withdrawal of Attorney Mateya from the present
action.
9. Concurrence has been sought from Robert Surefield's counsel, Marcus McKnight in
Petitioner, Mark A. Mateya's withdrawal from the present action. It is believed that Attorney
McKnight does not concur with the withdrawal of Attorney Mateya from this action.
WHEREFORE, upon consideration of the foregoing, it is respectfully requested that this
Honorable Court grant Petitioner, Mark A. Mateya's Petition to Withdraw as counsel for Robert
Howard and Dennis Howard in the above-captioned matter.
Respectfully submitted,
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Respectfully submitt ° ,
Mark A. Mateya, Esquire
Attorney ID No. 78931
55 W. Church Avenue
Carlisle PA 17013
(717) 241-6500
(717) 241-3099
Date: � Z Z`� I �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
Robert Howard
942 Mountain Meadow Road
Libby MT 59923
Dennis Howard
6016 Snowdens Run Road
Eldersburg MD 21784
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Mark A. Mateya, squire
55 W. Church Avenue
Carlisle, PA 17013
(717) 241-6500
(717) 241-3099 Fax
Dated: ��"����' ��