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Home My WebLink About07-09-12IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, The Estate of PENNSYLVANIA ORPHANS' COURT DIVISION Leroy D. Smith, Jr., Deceased NO. 21-12-6~~-7- ~ ~T ~j ., ~ PRELIMINARY OBJECTIONS TO DECLARATORY JUDGEMENT ~, ,¢ ~ °~ :~ ~C~ ACTION ~,~ ,- v_ - {~ v ~ c~-_ _. ~ G3', ~ ; rnr 2 ~ -: > ~ ~~, ~.. ~~ -~ ~ c~ z.L~ L~° ~ - , ~ `~ 4„* J = ~.1 PRELIMINARY OBJECTIONS TO DECLARATORY JUDGEMENT ACTION AND NOW, comes James Halkias, equitable owner of 344 Old State Rd, Gardners PA and the mobile home that sits on it, who hereby files preliminary objections to the Declaratory Judgement attempting to alter the ownership of the property: 1) Nonjoinder of a necessary party..James Halkias, equitable owner of the property. 2) Nonjoinder of a necessary party Shawn Michael Smith who signed the deed and was the only named executor of the estate in the will SEE EXHIBIT A, HIS LAST WILL & TESTIMANT. 3) Plaintiff lacks capacity to sue because he failed to void the last will and testament of Leroy D Smith Jr. The actual will was submitted with the deed to be filed along with it, although the recorder of deeds refused to include it in the official record because it was not probated, does not void the will or intentions of Leroy D Smith Jr. 4) Lack of capacity to sue. Neff improperly made himself the administrator of the estate by failing to serve any of the heirs or children of the deceased. 5) Lack of Jurisdiction Improper venue. The estate is not the deeded owner or in possession of the property. An action to quiet title would be the proper venue. Or if a valid lien holder wishes to collect their lien, they are free to collect it from the current property owner who has already agreed to pay all valid liens on the property. 6) Legal insufficiency of a pleading. Shawn Michael Smith had both a survivorship interstate succession interest and an equitable as well as possessionary interest in the property. On the property was a movable mobile home with contents he owned as well. Plaintiffs filings fail to address these issues and is insufficient to void a deed that he signed transferring his interest in the property to someone else. WHEREFORE, James Halkias respectfully requests that the Plaintiff's Declaratory Judgement action be dismissed. James Halkias pro se 4075 Linglestown Rd #244 Harrisburg PA 17112 717-460-1900 voice or text Jimbo8394@aol.com LEROY SMITH I, LEROY SMITH, of 344 Old State Road, Cumberland County, Gardners, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other wills and codicils heretofore made by me. FIRST: I direct that all my just debts and funeral expenses, including my grave marker, shall be paid from the assets of my estate as soon as practicable after my decease. SECOND: I give and bequeath to my son, Scott Eugene Smith the sum of $ 100.00 in the event that he survives me by thirty (30) days. No further monetary gifts are necessary as Scott Eugene Smith has been adequately compensated during my lifetime. THIRD: I give, devise and bequeath the residue of my estate, of every nature and wherever situate, to my son, Shawn Michael Smith. Should my son, Shawn Michael Smith, predecease me or die on or before the thirtieth day following my death, I give, devise and bequeath the residue of my estate, of every nature and wherever situate, to my son, Scott Eugene Smith, provided that the share of any child who predeceases me or dies on or before the thirtieth day following my death, shall be distributed to his or her issue, per stirpes. FOURTH: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my estate. FIFTH: I nominate, constitute and appoint my son, Shawn Michael Smith Executor of this my Last Will and Testament. If my son, Shawn Michael Smith is unable to serve for any reason as Executor, I nominate, constitute and appoint my son, Scott Eugene Smith. SIXTH: I direct my Executor and his successors shall not be required to give bond for the faithful performance of their duties in this or any other jurisdiction. SEVENTH: I hereby declare it to be my express desire that my personal representative employ Karl E. Rominger, Esquire, of Cumberland County, Pennsylvania, for legal advice and assistance regarding this my Last Will and Testament, he having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. Any mention of Karl E. Rominger, Esquire in this, my Last Will and Testament, is my free and voluntary act and through no influence by any person. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and T_ estament, consisting of two (2) typewritten pages, each identified by my signature, this - day of ~,;„ . ,,. - _ -- - ~:+ Leroy Smith` (SEAL) Signed, sealed, published and declared by the above-named Testator, Leroy Smith, as and for his Last Will and Testament, in the presence of us, who, at his request, in his sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. 1, ~ ~ _ . - ~~ ,, ;' Witness Witness ' COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND 1, Leroy Smith, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me by Leroy Smith, the Testator, this 7'%. day of , /~• G ~ ~~~~.,~ . ~, , 2007. ~- _: COMMONWEALTH OF PENNSYLVANIA - ~~ ;! Tammie L. Peters, Notary Put9ic ~-_ \ ~ ~ ' ` , ~ ~ ,~, ' Carllslet3oro, Cumberland Cotmty Notary Publi~SEAL) My ComrMssiort E~ires Septa, 201 ~ Mamder, Pennsylvania Asaoslatlon of Notaries COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) We, Jtllichael o,~i~~~a~o ,~~. and ,'~,~•~~!, :~.~ =,i' ~,.:: -~~i,~~:, ~_ ,the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as his Last Will and Testament; that signed willingly and that he executed it as his free and voluntary act for the purpose therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. / Sworn or_affirmed to and subscribed to before me by Q/G~ and ~~ •~([~ ) ~ ~,;.,,1~ ~._ ,witnesses, this -~' day of %%,~i~ _<.~~ , 2007. ' COMMONWEALTH OF PENNSYLVANIA i Notarfal Seal /~T~a,~m~,m~iepp~~L~~Pe~ter,~s.,~Not,aryPudic - - ~`~' . ~ : . Carlisle V~v, Curnberlend ~__'""+ ~--/~ ~,-j-.~/~! ~ ``,,,_..--__ Duly Cortunissbn Expires Sept 9 Zttt'1° - ~~' `~ ~% -- ` - ` ~ Member, Pennsylvania Assoclatton of Notaries Notary PUbIlC~SEAL) Verification I James Halkias affirm and swear subject to all penalties that everything stated herein is true and correct to the best of my kpowledge and belief. Service has been made by US mail to: Michael A. Scherer, Esq, 19 West South Street, Carlisle PA 17013 Stephen Tiley, Esquire, 5 South Hanover Street, Carlisle PA 17013 Current Resident, 344 Old State Road, Gardners PA 17324 l/~`~