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Home My WebLink About08-19-15 r ESTATE OF GEORGE W. HOWARD, : IN THE COURT OF COMMON PLEAS OF Deceased, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-13-1143 : ev ORPHANS' COURT DIVISIOI5 C c Q rn s. C ca ca ANSWER TO MOTION IN LIMINE �, c� �� o AND NOW,comes the John C. Oszustowicz,Esquire,Executor of the E'state of George W.� Howard, ("Respondent") by his counsel, Martson Law Offices, and in support of his Aover,to c> CO rn Petitioner Howard's Motion in Limine, avers as follows: r, 1. Denied. After reasonable investigation,Respondent is without information sufficient to admit or deny whether Dennis Howard has "released his interest in the matter to Petitioner. Respondent objects to any attempted representation of Dennis Howard by Respondent,to the extent such is contemplated or attempted. By way of further response, any Will previously executed by George W. Howard was revoked by George W. Howard by his Will dated April 24, 2012. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Robert Surfield is the sole beneficiary of George W. Howard's Will executed April 24, 2012, which was offered for probate and is the subject of the issue before this Court. The remaining averments of this paragraph, in particular the characterization of the Will as "purported" are denied. 4. It is admitted that Respondent is the Executor of George Howard's Estate and that he was previously the attorney-in-fact for George Howard. The remaining averments and characterizations of this paragraph are denied as being beyond the knowledge of Respondent, or conclusions or interpretations requiring no response. In any event, Respondent questions the relevance thereof to the matter currently before the Court. 5. Admitted in part and denied in part. It is admitted that Respondent and Christopher E. Rice, Esquire, were the witnesses to George Howard's Will. It is further admitted that Attorney Rice is a shareholder of Martson Law Offices,that Martson Law Offices was paid$100.00,that Mr. Rice is not a medical professional,that Mr.Rice was previously unacquainted with Mr.Howard and that Ivo V. Otto, 111, Esquire is a shareholder senior in status to Mr. Rice in terms of years as a shareholder. The remaining averments are denied. n 6. Exhibits A, B, and C, of Petitioner's Motion in Limine are documents which speak for themselves, and to which no response is required. By way of further response, Respondent believes that the Court's prior orders properly constrain the issues to be presented at the hearing scheduled for August 21, 2015. 7. Denied as a conclusion of law to which no response is required. To the extent a response is required,it is admitted that Respondent drafted George Howard's Will dated April 24, 2012, that Respondent witnessed the signature of George Howard, and that the Will named Respondent as Executor and Trustee of the Estate. It is further admitted that Respondent was the Agent under a Power of Attorney for George Howard. Respondent believes that all matters associated with this case have been handled in conformity with applicable Rules of Court. 8. Denied. Exhibit C is a document which speaks for itself to which no response is required. Respondent is without sufficient information to admit or deny the remaining averments of this paragraph. 9. The averments of this paragraph are in the nature of a request to the Court and, as such, do not require a response. However, Respondent believes that Petitioner would do well to apprehend his burden of proof, should be required to present his case in accordance with the procedure for direct examination and support any testimony with relevant evidence. WHEREFORE, Respondent respectfully requests this Honorable Court to deny Petition Robert Howard's Motion in Limine and to leave in place the prior of Orders of February 2,2015 and February 9, 2015. MARTSON LAW OFFICES By: Ivo V. Otto, I1I, Esquire Attorney I.D. No. 27763 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for John C.Oszustowicz,Esquire,Executor of the Estate of George W. Howard Date: August 19, 2015 CERTIFICATE OF SERVICE I,Mary M. Price,an authorized agent for Martson Law Offices,hereby certify that a copy of the foregoing Answer to Motion in Limine was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert Howard 922 Mountain Meadoww Road Libb, MT 59923 Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT, P.C. 60 West pomfret Street Carlisle, PA 17013 Jason A. Spak, Esquire Picadio, Sneath, Miller&Norton, P.C. 444 Liberty Avenue, Suite 1105 Pittsburgh, PA 15222 MARTSON LAW OFFICES By _,Aiwq) �J'IGL'0�- M M. Price T East High Street Carlisle, PA 17013 (717) 243-3341 Dated: Or CERTIFICATE OF SERVICE I,Mary M. Price,an authorized agent for Martson Law Offices,hereby certify that a copy of the foregoing Answer to Motion in Limine was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert Howard 922 Mountain Meadoww Road Libby, MT 59923 Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT, P.C. 60 West pomfret Street Carlisle, PA 17013 Jason A. Spak, Esquire Picadio, Sneath, Miller&Norton, P.C. 444 Liberty Avenue, Suite 1105 Pittsburgh, PA 15222 MARTSON LAW OFFICES By 7 N*M. Price n East High Street Carlisle, PA 17013 (717) 243-3341 Dated: