HomeMy WebLinkAbout01-08-15 : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
: PENNSYLVANIA
ESTATE OF GEORGE W. HOWARD :
DECEASED : N0. 21-13-01143
: ORPH�NS COUI�T 17IVISION
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ANSWER TO PETITION FOR WITHDRAWAL r'�R �a-- c� � �„ �
OF APPEARAl�10E WITH NEW MATTER 1 �-' r-� � :y�; r;
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AND NO�'V this o"' day of January, 2C15 cor�les Ro�ert Sarfield, the�enEfic�,�ry of tlie � —'
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Estate of George W. Howard and makes the following Answer to the Petition for��VVithdraw�qf "' .-;�
Appearance with New Matter:
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 of fact contained in paragraph four (4) of the Peiition are admitted in part
and denied in part. Slio�iy before Robet Howard and Denrnis Howard were to be deposed,
Attorney Mateya notified the Howard Estate that both his clients would settle all claims for a
specific sum. The settlement was accepted by the Howard Estate. The depositions were
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cancelled and Releases were drafted and sent to Robert Howard and Dennis Howard by Attorney
Mateya.
5.
The averments of fact contained in paragraph five (5) of the Petition are beyond the scope
of lc�iawledge of Roberi Surfield's attorney, Marcus A. McKrught, IIi, Esc�. Thzre is no known
reason why the clients of Attorney Mateya should not complete settlement to which they had
agree�to accept.
6.
At the time of sattlement, Attorney Mateya had the consent of both his clients to settle all
claims related to this �ase. Robert Howard should be compeiled to complete settlement he
authorized his;,ouns�l tc complete. Rttor.iey Mateya ha��he appa�rer.t authority to reso:ve these
claims at the time the acceptance was communicated to all counsel
7.
The averments of fact contained in paragraph Seven(7)of the Petition are beyond the
scope of knowledge of Robert Surfield's and his legal counsel. They are therefore denied.
8.
The averments of fact contained in paragraph eight(8) of the Petition are admitted.
9.
The averments of fact contained in�aragraph nine (9) of the Petition are admitted.
WHEREFORE, The Petition of Mark A. Mateya to Withdraw as Counsel should be
denied until a status conference or hearing is held to review these mutters.
NEW MATTER
10.
The averments of fact contain�d in paragraph one (1 j thro��gh ten(10) of±he AnswPrs to
the Petition for Withdrawal of Appearance are hereby incorporated by reference and made part
of this New Matter.
11.
The parties were proceeding with discovery and depositions of the principal parties were
scheduled io be held in Carlisle on the morning of�ecemb�r 17,201�.
12.
Qn December 16, 2014, Rttorney Mateya r�ad accept�d�hz offer to settle on�enalf of
Robert Howard and Dennis Howard. The depositions were cancelled and Releases were
promptly sent to Attorney Mateya for signatures by his clients.
13.
At the time the case was settled Attorney Mateya had apparent authority to settle the case
on behalf of both his clients.
14.
P ttorney r�ateya has tal:en the ucti;,n of rec�uesting an extension of time on behalf of his
clients, which is in opposition to his Petition to Withdraw as Counsel.
WHEREFORE, The Petition to Withdraw as Counsel should not be granted until at least
a s�atus conferer�ce is held.
Respectfully submitted,
IRWIN &M IGHT, P .�—
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By:
Marcus A. cKnig t, III, Es .
Supreme Co�art I.D : 25476
60 West Pomfret St
Carlisle, PA 17013
(717) �49�2353
Attorney for Robert Surfield, Respondent
Date: January 8, 2015
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 unsworn falsification to authorities.
By:
ROBERT SU IELD
Date: January 8, 2015
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
: PENNSYLVANIA
ESTATE OF GEORGE W. HOWARD :
DECEASED : N0. 21-13-01143
: C)R�HANS �OU12'I' DIVISION
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of the attached Order
of Court ar�d Aiis-�ers to�etition for W�thdrawal oi A�pearance was served upon�he faliowing
by depositir.g 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
55 Wesf�Church Avenue
Carlisle, PA 17013
Ivo V. Otto,III, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
John C. Oszustowicz, Esquire
104 South Hanover Street
Carlisle,PA 17013
IRWIN & McKNIGHTi,P.C.
By:
�
Marcu A. Mc ighi, IiI, sq.
Supreme Court I. .: 25 6
60 West Pomfret Street
Carlisle, PA 17013
(717)249-2353
Attorney for F.obert Surfield, Respondent
Date: January 8, 2015