HomeMy WebLinkAbout01-08-15 (2) : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
: PENNSYLVANIA
ESTATE OF GEORGE W. HOWARD .
DECEASED : N0. 21-13-01143
: �JRPHANS COURT DIVISI�N ,-�
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ANSWER TO PETITION FOR ENLARGMENT OF TIM� w �, ��'� rrl
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OF THE DISCOVERY PERIOD �ry , ;, �, 4--,
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AN� NQ�'this 8�' day of Jar�uary, 2015 comzs Robert Surfield,the bz�'ciary o�the �-- rn
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Estate of George W. Howard, and makes the following Answer to the Petition for Enlargment of
Time of the Discovery Period with New Matter:
l.
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 in
part. Depositions were set for the morning of December 17, 2014 of Robert Surfield , Dennis
Howard and Robert Howard in Carlisle, Pennsylvatua. On December 16, 2014 Attorney Mateya
notified counsel that botl-i his clients had accep�ed tlie oifer maue Y�y the Howacd Estate to settle
the case. Releases were promptly drafted and sent to Attorney Mateya.
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4.
The averments of fact contained in paragraph four(4) of the Petition are admitted.
5.
The averments c,f fact contained in paragraph five (�) of the Petition are admitted.
6.
The averments of fact contained in paragraph six (6) of the Petition are admitted.
WHEREFO�E, the Petition to Enlarge the Time f�r Discovery should be denied
pending a status conference of this case.
NEW MATTER
7.
The averments of fact contained in paragraph one (1)through six (6) of the Answers to
the Petition for Enlargment of Time of the Discovery Period are hereby incorporated by
reference and made part of this New Matter.
8.
The parties were proceeding with discovery and depositions of the principal parties were
scheduled to be held in Carlisle on the morning of December 17, 2014.
9.
On December 16, 2014, Attorney Mateya had accepted the offer to settle on behalf of
Robert Howard and Dennis Howard. The depositions were cancelled and Releases were
promptly sent to Attorney Mateya for signatures by his clients.
10.
At the time the case was settled Attorney Mateya had apparent authority to settle the case
on behalf of both his clients.
11.
Attorney Mateya has taken the action of requesting an extension of time on behalf of his
clients, which is in opposition to his Petition to Withdraw as Counsel.
WHEREFORE, the Motion for an Enlargement of Time should be denied until a status
conference can be held in the case.
Respectfully submitted,
IRWIN McKNI HT,P.C.
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Mar s A. cKnig , III, Esq.
Supreme eurt I.D.: #�76
60 West Pom�re. et
Car�isle, PA 17C13
(717) 249-2353
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 SURFIELD
Date: January 8. 2015
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
: PENNSYLVANIA
ESTATE OF GEORGE W. HOWARD :
DECEASED : N0. 21-13-01143
: URPI�ANS COURT DIVISIOIl1
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of the attached Order
of Court and Answers to Petition for Enlaxgement of Time of the Discovery Period was served
upon the following by depositing a true and correct copy af the same in the United States mail,
First Class,pcstage pre�aid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Mark A. Mateya, Esquire
SS ilVest�'�urch Asvenue
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 & McKNIGHT, P.C.
B � L
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M cus A. �vlcKnig t, II , Esq.
Supreme Co I.D.: 25476
60 West Pom�� et
Carlisle, PA 17013
(717)249-2353
Attorney for Rob�rt Si.�rfield, Respondent
Date: January 8, 2015