HomeMy WebLinkAbout02-10-15 IN RE: : IN THE COURT OF COMMON PLEAS OF
ESTATE OF GEORGE W. HOWARD, : CUMBERLAND COUNTY, PENNSYLVANIA
DECEASED
: NO. 21-13-1143 ORPHANS' COURT DIV.
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ORDER OF COURT - � � � ' `�
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AND NOW, this 9�h day of February, 2015, upon review of the Memoran�im filed:,
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by the parties and the status conference held before this court on February 2, 2b15 �ti �>
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2:00 p.m. o -�'
IT IS HEREBY ORDERED AND DIRECTED that:
t The Petition to Withdraw by Mark Mateya, Esquire, as legal counsel of Robert
Howard and Dennis Howard is GRANTED.
2. The Petition for the Enlargement of Time is GRANTED in part. Robert
Howard and Dennis Howard are granted an extension of time to complete discovery
until the dose of business, Friday, March 20, 2015.
3. The Motion in Limine filed by Robert Surfield is GRANTED in that Robert
Howard and Dennis Howard are prohibited from entering into evidence any verbai
statements or actions of the Deceased George Howard. Counsel must make objections
to any evidence offered at the time of the hearing when the evidence is offered.
4. The Court finds that Robert Howard and Dennis Howard through their legal
counsel had agreed to settle their objections to Probate of the Wili of George Howard as
weil as the American Annuity Beneficiary Designations of George Howard. Legal fees
are awarded to Ivo V. Otto, III, Esquire, and Marcus A. McKnight, III, Esquire, for the
time required to prepare releases and return the litigation to its present status following
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the Agreement to Settle by Robert and Dennis Howard. The amount of fees payable by
Robert Howard and Dennis Howard are as follows:
a. To Ivo V. Otto, III, Esquire, Attorney for the Estate of
George Howard the sum of Eight Hundred Sixty Five and
no/100 ($865.00) Dollars.
b. To Marcus A. McKnight, III, Esquire, on behalf of Robert
Surfield the sum of One Thousand Eight Hundred Thirty Seven Dollars
and fifty cents ($1,837.50) with costs of$30.00.
Total Counsel Fees and Costs $2,702.50 payable in Thirty (30) days from
the date of this Order of Court by Robert Howard and Dennis Howard.
5. A hearing to decide the objections by Robert Howard and Dennis Howard to
the Probate of the Will of George W. Howard and to the American Annuity Beneficiary
shall be held on Friday, May 8, 2015, at 10:00 a.m. in Courtroom No. 2 of the
Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
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M. L Ebert, Jr., J.
Mark Mateya, Esquire
Ivo Otto, Esquire
For the Estate
Marcus McKnight, Esquire
For Robert Surfield
John C. Oszustowicz, Esquire
For George Howard
. ORPIIANS' COUR"I'DIVISION
. COURT OF COMMON PLEAS OF
Li 2c: CHORGH W HOWARD, DECEASF.D . CU�76ERLAND COUNTY
. PENNSYLVANIA
. N0.21-I3-I14i
CERTIFICATE OF SGRVICC OF OliUER
OIiDER DATS: 2/2/I S
JUDGC'S INfCIALS: MLE
TIME STAMP DA I'E: 2�10�I i
IN RG: ORDER OFCOUR"C
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SF.RVICETO: MARCUSAMCKNIGHT60WPOMFRETSTREETCARLISLCPA17013
IVO V 07-CO111 10 E HIGH STREET CARLISLH PA 17013
JOHN C OSZUSTOWICZ 104 SOUTH HANOVP,R STREET CARLISLE PA 1701"
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