HomeMy WebLinkAbout12-09-11~I II ~~~`
FREY &TILEY
ATTORNEYS-AT-LAW
5 South Hanover Street
Carlisle, Pennsylvania 17013
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ROBERT M. FREY
RETIRED
STEPHEN D. TILEY
ROBERT G. FREY
TELEPHONE (717) 243-5838
FACSIMILE (717) 243-6441
November 14, 2011
Mr. Nicholas Halkias
4075 Linglestown Road, No. 244 _
Harrisburg, PA 17112 ,
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Re: Property of Leroy Smith
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Estate of Leroy D. Smith, Sr. ,
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Cumberland County Parcel No. 08-38-2175-018 _
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344 Old State Road ^~ =~
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Dickinson Township ~;,
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Cumb. Cty., PA ~~
Dear Mr. Halkias:
I represent the estate of Leroy D. Smith, Sr. It has come to my attention
that you accepted a deed recorded at Instrument No. 2011-30259 for the above
referenced property. That deed purports to be from the estate of Leroy D. Smith,
Jr., although the signature block is by Shaw Michael Smith, Executor of the
estate of Leroy D. Smith (no senior or junior). More importantly, the first page of
that deed references an estate filed to Cumberland County No. 21-11-1055. This
is not the estate of Leroy D. Smith, Jr. This is the estate of his father, Leroy D.
Smith, Sr.
There was a typographical error on the original Letters Testamentary that
indicated Jr., rather than Sr., however that error did not exist on the Petition as
filed. To my knowledge there is no estate filed for Leroy D, Smith, Jr.
Moreover, the Petition for Letters Testamentary was not filed, and Letters
Testamentary were not issued, until October 7, 2011, the day after the date of
your purported deed.
In addition, Letters Testamentary in the estate of Leroy Smith, Sr., were
issued to his two surviving sons, Michael E. Smith and Jeffrey L. Smith, not his
grandson Shawn Michael Smith.
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Frey and Tiley
Attorneys At-Law
Air. Aricholas Halkias
Re: Pr•operry of Leroy Smitlz, Jr•.
Estate of Leroy D. Srnitlz, Sr.
Cumberland County Parcel No. 08-38-2175-018
344 O!d State Road
Dickinson Township
Cumb. Cty., PA
November 14, 2011
Page 2
From my discussions with Michael and Jeffrey Smith,' I note that Leroy D.
Smith, Jr., is survived by a son, Shawn, a son Scott, and a granddaughter Paige,
who, to my client's knowledge, is the sole heir of Jesse Smith, who was a third
child of Leroy D. Smith, Jr.
I believe that your deed is ay best, defective. In order to clarify the
recorded record, that the reference in the deed to Estate File No. 21-11-1055 is
in error, a copy of this letter will be recorded in the Register of Wills Office in the
Leroy D. Smith, Sr., file.
Sincerely yours,
a
Stephen D. Tiley
SDT/tl
cc: Mr. Michael E. Smith
Mr. Jeffrey L. Smith