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HomeMy WebLinkAbout01-30-15 ry b ESTATE OF GEORGE W. HOWARD : IN THE COURT OF COMMON PLEAS Deceased : CUMBERLAND COUNTY PENNSYLVANIA NO. 21-13-1143 ORPHANS'COURT DIVISION ANSWER OF DENNIS HOWARD AND ROBERT HOWARD TO ROBERT SUREFIELD'S MOTION IN LIMINE NOW COMES,Dennis Howard and Robert Howard, by and through their counsel Mark A. Mateya, Esquire, and in response to Robert Surefield's Motion in Liminie, avers the following: 1. Admitted. 2. Admitted. oC— 0-3 hi c-a 3. Admitted. ri 7 4. Admitted. 5. Admitted in part, denied in part. It is admitted that the depositions wvde chnAed ; N Y— r,-, because of the settlement of the matter. It is admitted that the Court was notified that t elpargbs! had agreed on a settlement amount and that counsel were working on preparing a Settlement Agreement which would then be submitted to the Court . It is denied that the Court was officially presented with an executed settlement agreement. 6. Admitted. 7. This is a conclusion of law to which no response is required. To the extent a response is required, the facts recited alone, with no law to support it, do not lead to a conclusion that neither the Howards or the current or future counsel may present evidence not offered up to their opponent,Robert Surfield, or his counsel. Movant Robert Surfield never requested any. information whatsoever of the Howards,through formal or informal discovery. The information which the Howards possess separate from what was asked for, or not asked for, in discovery does not have any bearing on whether or not the evidence should be permitted into evidence. By way of further answer,the reference to the Dead Man's Rule is a conclusion of law to which no response is required. Counsel for Robbie Howard has filed a brief contemporaneously with this Answer which addresses both of the questions raised by paragraph 7 of the Motion in Limine. Respectfully submitted, Mark A. Mateya, Esq r Attorney ID No. 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099—Fax Counsel for Dennis Howard and Robert Howard Date: �� VERIFICATION MARK A. MATEYA, ESQUIRE, of Mateya Law Firm, P.C., verifies that he is the attorney and agent for the Respondents Dennis Howard and Robert Howard herein, that the Respondent's verification cannot be obtained within the time allowed for the filing of this pleading, that as attorney for the Respondents, he has sufficient knowledge and information concerning the contents of the within document and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Mark A. Mateya, Bgruire Mateya Law Firm, P.C. Dated: 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: 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 " Mark A. Mateya, Esq 're 55 W. Church Avenue Carlisle,PA 17013 (717) 241-6500 (717) 241-3099 Fax Dated: [�b ` �'