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HomeMy WebLinkAbout07-19-12 (2)FREY &TILEY ATTORNEYS-AT-LAW 5 South Hanover Street Carlisle, Pennsylvania 17013 ROBERT M. FREY RETIRED TELEPHONE (717) 243-5838 STEPHEN D. TILEY stiley@freytiley.com FACSIMILE (717) 243-6441 ROBERT G. FREY rfrey@freytiley.com July 19, 2012 Hon. Thomas A. Placey ~: Court of Common Pleas ~~ ~ z::~ ~~ Cumberland County Courthouse ~-~~ te-- J -~ Carlisle, Pennsylvania 17013 _ ~~ ~ r - ~ ~ ~- ='. Re: Estate of Leroy D. Smith, Jr. c7~ ` -~., _ _. =-;-, No. 21-12-0277 ©`-,~ ' c.,,, ~~ ; ,=, ~ `~ ~., Dear Judge Placey I am in receipt of a copy of your Order of July 10, 2012 in the estate of Leroy D. Smith, Jr. I represent the estate of Leroy D. Smith, Sr. (File No. 21-11-1055.) He was the father of the Leroy D. Smith, Jr., which is the subject of estate File No. 21-12-0277. I became involved in this matter because Mr. Nicholas Halkias accepted a deed which I believed to be defective. That deed purported to be from the estate of Leroy D. Smith, Jr., but referenced the file number for the estate of Leroy D. Smith, Sr. I wrote a letter to Mr. Halkias dated November 14, 2011, a copy of which was placed in the Leroy D. Smith, Sr. file, and a copy of which is enclosed so that it will be in the Leroy D. Smith, Jr. file. Although the estate of Leroy D. Smith, Sr. is a creditor of the estate of Leroy D. Smith, Jr., the estate of Leroy D. Smith, Sr. will not be taking any position with regard to the present litigation and preliminary objections. We do not intend to file any Brief or participate in oral argument. ~lorP.1'bw~naa• A. Placey Key F'state ofZeroyL. S~nilh, Jr. July 19, 2012 Page 2 Frey & Tiley Attorneys-At-Lmv Thank you for listing me on the distribution list for the July 10, 2012 Order. There is no need to continue to include me in such distribution list although I will be monitoring the progress of this case. Sincerely yours, ~~ 49 .~fy SDT/pm Enclosure Stephen D. Tiley cc: Hon. Thomas A. Placey (courtesy copy) Michael A. Scherer, Esquire Mr. Nicholas Halkias Mr. James Halkias (both addresses shown on July 10, 2012 Order) Mr. Michael E. Smith Mr. Jeffrey L. Smith Original to File No. 21-12-0277 S~ufh: -,~r~ ~~~, . ~re:Ei ~eGsi~, -er~r~~yh~s.~~i~ i~T'~it ~;~ 5~r`; i 6J;. , ~~ `~ i ~r `r~~<< Q. i ILE`t' h~o5'F~~ ~s. Ef~C~° November 14, 2011 ~LEr~i-i0fd~ (7 ~i) 44.~E~rJS rfi.C56JifLE (%` (} Gk's vGt ~ Mir. Nicholas Halkias 4075 Lingiestown Road, No. 244 Harrisburg, PA 17112 Re: Property of Leroy Smith, Jr. Estate of Leroy D. Smith, Sr. Cumberland County Parcel No. 08-38-2175-018 344 Old State Road Dickinson Tovvnship 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 fo his t~~ro surviving sons, Michael E. Smith and Jeffrey L. Smith, not his grandson Sha~~~n Michael Smith. ~~~` ~~, ~~ '; ~` I-~r°~Tt arTd TlIe15 f~ ar°r~ c ~s~: It-~a u~ ,bir `,~i !-u7;ias Re: ;''ropcrr~. o; Lcro~ Smi7i;. Jr- ~~state o;-Lero~~ D S»ir;h, S~~_ C':rn.berianu Cou~;n ?arcei' '~`c. ~l~-,~_~; -;_~; ~ _ = 01d Stars Road Diclci»so~a To~avs'hit~ Cumb. Cn~., P.4 '~'onembcr 14, ?Ol1 Page ? 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, vvho, 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 Igo. 21-11-105.5 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, - ~ ~~ ~~~ ~~~ . ~.~ Stephen D. Tiley SDT/tl cc: Mr. Michael E. Smith Mr. Jeffrey L. Smith