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Home My WebLink About09-12-12IN RE: IN THE COURT OF COMMON PLEAS OF The Estate of CUMBERLAND COUNTY, PENNSYLVANIA Leroy D. Smith, Jr., Deceased ORPHANS' COURT DIVISION 27~ NO. 21-12-A~~ ~~ ~~ ,~ ~ DECLARATORY JUDGMENT ACTION _ ~ '\ ~7 ~_ ~~`~ ~~" =~ PETITION TO MAKE CITATION ABSOLUTE - ; ..~ ~ ~~ ~ -- ~'' AfOW, comes James Neff, Administrator of the Estate of Leroy D. Smith, Jr~., Deceased, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. Judge Placey has been assigned to this case. 2. On June 7, 2007, undersigned counsel filed a Petition to have a deed declared invalid. 3. On June 18, 2012, the Court issued and Order and the Register of Wills issued a Citation to Nicholas Halkias, to show cause, if any there be, why the Court should not declare that the deed dated October 6, 2011 naming Leroy D. Smith, Jr. and Debra K. Smith as Grantors and Nicholas Halkias as Grantee, recorded in the Cumberland County Recorder of Deeds office as Instrument number 2011-30259, invalid, and further to declare that title to the real estate located at 344 Old State Road, Gardners, Cumberland County, Pennsylvania, being parcel number 08-38-2175-018, is in the name of the decedent, Leroy D. Smith, Jr. 4. The Sheriff served the June 18, 2012 Order and Citation upon Nicholas Halkias on July 17, 2012 at 2:26 p.m. by personally handing the Order and Citation to Nicholas Halkias. A copy of the Sheriff's return is attached hereto as "Exhibit A." 5. On July 9, 2012, James Halkias, a person who is not a party to this action, filed Preliminary Objections to the Declaratory Judgment Action. 6. No brief was filed in support of the Preliminary Objections and no one appeared at argument on behalf of the Preliminary Objections. 7. On September 7, 2012, the Preliminary Objections were overruled. 8. Nicholas Halkias has failed to respond to the Order and Citation within the twenty days allotted in the Citation. WHEREFORE, the Administrator, James Neff, requests that this Honorable Court enter and Order which invalidates the October 6, 2011 deed and declares that title to the real estate is vested in the decedent, Leroy D. Smith, Jr. Respectfully submitted, BARK SCHERER LLC ichael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,~ ai~~t'~p ~t ~-ati~ata~~.~ Jody S Smith _ _ 'T'~~ .~ Chief Deputy '~-- _ -~ ,~ ..,. .r- Richard W Stewart Solicitor ~;FF'c= `vF'`~ ?~~r~i~E Estate of Leroy D. Smith, Jr. vs. Nicholas Halkias Case Number 21-12-277 SHERIFF'S RETURN OF SERVICE 07/05/2012 P.onny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Nicholas Halkias, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Citation and Order of Court according to law. 07/17/2012 02:26 PM -Dauphin County Return: And now July 17, 2012 at 1426 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Citation and Order of Court, upon the within named defendant, to wit: Nicholas Halkias by making known unto himself personally, at 4075 Linglestown Road, #244, Harrisburg, Pennsylvania 17112 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, July 23, 2012 RON R ANDERSON, SHERIFF "EXHIBIT A" (ci Gount,Suite ShenTr. T~ieosuft, inc. Shelle~ Ruhl Real Esta e Deputy William T. Tully Solicitor :: 19 Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717} 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin IN RE: ESTATE OF LEROY D. SMITH, JR., DECEASED VS NICHOLAS HALKIAS Sheriff s Return No. 2012-T-1958 OTHER COUNTY N0.21-12-277 And now: JULY 17, 2012 at 2:26:00 PM served the within CITATION upon NICHOLAS HALKIAS by personally handing to NICHOLAS HALKIAS 1 true attested copy of the original CITATION and making known to him/her the contents thereof at 1330 QUAIL HOLLOW ROAD HARRISBURG PA 17112 SERVED CITATION & ORDER ADDRESS GIVEN AT 4075 LINGLESTOWN ROAD, #244, HARRISBURG, PA 17112 BELONGS TO MAILBOXES, ETC. (POST OFFICE BOX). GOOD PHYSICAL ADDRESS FOR DEFENDANT IS LISTED ABOVE. Sworn and subscribed to before me this 17TH day of July, 2012 ~~M COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Ex fires Au ust 17, 2014 So Answers, Sheriff of ~r~,C Y Deputy Sheriff Deputy: W CONWAY Sheriff s Costs: $49.25 7/16/2012 CERTIFICATE OF SERVICE hereby certify that on September ~ a , 2012, I, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of the Petition To Make Citation Absolute, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: James Halkias 4075 Linglestown Road, No. 244 Harrisburg, Pennsylvania 17112 Nicholas Halkias 344 Old State Road Gardners, Pennsylvania 17324 Nicholas Halkias 1330 Quail Hollow Road Harrisburg, Pennsylvania 17112