HomeMy WebLinkAbout09-26-121
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
ORPHAN'S COURT DIVISION
IN RE:
II THE ESTATE OF LEROY D SMITH JR
Case No.: 21-12-0277
JURY TRIAL DEMANDED
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Title to 344 Old State Rd
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And now comes James Halkias equitable owner of 344 Old State Rd who declares
the following facts, the Will, and law in favor of the orphans court confirming the
deed to 344 Old State Rd to Nicholas Halkias and removing James Neff as
administrator to the estate of Leroy D. Smith Jr.
1.) Nicholas Halkias was a bona fide grantee for value under a prior recorded
document filed more then 1 year after death with no letters yet granted
#rom Shawn Michael Smith who was the sole heir to the properly and also
named in the will. The law clearly states the personal representative has
no right to interfere with the title of such a transaction.
§ 3357. Title of purchaser.
(a} General rule.--If the personal representative has given
such bond, if any, as shall be required in accordance with this
title, any sale, mortgage, or exchange by him, whether pursuant
to a decree or to the exercise of a testamentary power or of a ~
power under this title, shall pass the full #itle of the ~~ v,
decedent therein, unless otherwise specified, discharged from !";~-`' v~
the lien of legacies, from liability for all debts and ~' ~ ~ ^'
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obligations of the decedent, from aH liabilities incident to °r:_
the administration of the decedent's estate, and from all claims .o~° ~`
of distributees and of persons claiming in their right, except ~~~ '::~
that no such sale, mortgage or exchange by a personal c~
representative, unless made under section 3353 (relating to
order of court) for the purpose of divesting a lien existing
at the decedent's death, shall divest the interest of a bona
fide grantee of, or a holder of a lien on, Waal property of the
recorded document from or through moose entitled to ~e ingest
of the decedent in the real property by will or by intestacy,
either: (7) more than one year after the death of the decedent
and when no letters issued in the Commonwealth upon the
decedent's estate were in effect
2) At time of death the total value of the estate including real estate was less
then $3,500. The only thing he owned was the real estate. The real estate
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[Summary of pleading] - 1
was put up for public tax sale...with no attatched liens, and nobody was
willing to pay even a dollar over the back taxes due. The property had no
value. It was full of garbage, no utilities, a liability to own. It was not until
after Halkias purchased it, that the property was cleaned up, back taxes
paid, and the property was made habitable and worth something.
3) § 777. Right to jury trial; discretion of orphans' court
division.
(a) Title to properly.--When a substantial dispute of fact
shall arise concerning the decedent's title to property, real
or personal, any party in interest shall be entitled to a trial
of such issue by a jury. The verdict of the jury shall have the
same effect as the verdict of a jury in a case at law.
4) The deed was 100% valid:
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§ 301. Title to real and personal estate of a decedent
(b) Real estate.--Legal title to all real estate of a
decedent shall pass at his death to his heirs or devisees,
subject, however, to all the powers granted to the personal
representative by this title and lawfully by the will and to
all orders of the court.
This clearly means that on December 12th, 2009, Leroy D Smith Jr.'s property at 344
Old State Rd passed to Shawn Michael Smith his only heir and only devises and only
person mentioned in his will and the only named executor of his estate. The will was
presented at the courthouse by James Halkias but incorrectly rejected by the
courthouse at both the recorder of deeds office and by the Register of Wills office
because they said it was only a copy of the will. A copy of a will is valid if it is
acknowledged by 2 people and an attorney which it was and it should have been
accepted for recording along with the deed. The deed from Shawn Michael Smith to
Nicholas Halkias was 100% valid.
5) Nicholas Halkias who received title is not responsible if Shawn Michael Smith
failed to give the $2,500 to his attorney Karl Romminger to file the probate
papers. The law confirms this in:
§ 304. Application of payments made to fiduciaries.
[Summary of pleading] - 2
A person who, in good faith, pays or transfers to a fiduciary
any money or other property, which the fiduciary as such is
authorized to receive, is not responsible for the proper
application thereof by the fiduciary, and any right or title
acquired from the fiduciary in consideration of the payment or
transfer is not invalid in consequence of a misapplication by
the fiduciary.
(Oct. 12, 1984, P.L.929, No.182, eff. imd.)
6.) The orphans court cannot just "void a deed", especialy without ever serving notice
~ to both parties of the deed. They must use proper judicial procedure as outlined in:
§ 781. Methods of enforcement.
s Compliance with an order or decree of an orphans' court
division may be enforced by attachment of the person;
9 sequestration of real or personal property; execution on
personal property; attachment execution; or execution on real
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estate.
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7) Because 344 Otd State Rd was in possession of Shawn Michael Smith a heir of the
decedent and with consent of the decedent as evidenced by his will, the administrator
has no authority to take possession of the property as he is attempting to do. This is
according to:
3332. Inherent powers and duties.
§ 3311. Possession of real and personal estate; exception.
(a) Personal representative.--A personal representative
shall have the right to and shall take possession of, maintain
and administer all the real and personal estate of the decedent,
exceat real estate occuuied at the time of death by an heir or
devisee with the consent of the decedent. He shall collect the
rents and income from each asset in his possession until it is
sold or distributed, and, during the administration of the
estate, shall have the right to maintain any action with respect
to it and shall make all reasonable expenditures necessary to
preserve it. The court may direct the personal representative
to take possession of, administer and maintain real estate so
occupied by an heir or a devisee if this is necessary to protect
the rights of claimants or other parties. Nothing in this
section shall affect the personal representative's power to
sell real estate occupied by an heir or devisee.
[Summary of pleading] - 3
$.) We hereby request the register of wills revoke their letter of administration given to
James Neff for the estate of Leroy D. Smith Jr. because James Neff was made aware ~
the fact Leroy D. Smith Jr. in fact did have a will naming his son Shawn Michael Smith
executor and sole heir, however James Neff fraudulently claimed in his petition he was
unaware of the will and he also failed to notify any of Leroy D. Smith's heirs, and he
fraudulently pretended he served Shawn Michael Smith near the courthouse when in
fact Shawn Michael Smith did not reside there for over a year. This should be done
pursuant to:
§ 3181. Revocation of letters.
(a) When no will.- The register may revoke letters of
administration granted by him whenever it appears that the
person to whom the letters were granted is not entitled thereto.
(b) When swill.-The register may amend or revoke letters
testamentary or of administration granted by him not in
conformity with the provisions of a will admitted to probate.
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The main legal reason James Neff and his attorney should be removed from being
administrator is because they are not named in the will but also they should be removed
from being named administrator is that they lied in his petition for grant of letters. They
fraudulently marked the box stating that Decedent left no will, when he obviously did
leave a will, prepared by Karl Romminger leaving everything to his son Shawn Michael
Smith and also naming him executor. They also fraudulently never served Shawn
Michael Smith, and pretended to serve him at a house up the street from the courthouse
that he obviously hadn't lived in for years. They received copies of the will, and still
never even sent copies of any filings or hearing notices to Karl Romminger, Nick
Halkias's attorney.
9.) James Neff s claims that he is a valid debtor and the delapitated mobile home was
worth $20,000 at time of death is false. If it were true James Neff and others were free
to execute their judgements against Leroy D. Smith's real estate at any time they
wanted in previous 20 years. The reason they didn't, is the property was not worth the
$20,000. James Neff now claims it is worth. For James Neff to have himself named as
[3ummary of pleadings - 4
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personal representative of the estate years after he died, and after someone else
bought the property, made alt the repairs, paid the back taxes, cleaned up all the
garbage, built an addition etc. would be unjust enrichment to James Neff. The property
was offered up for sale at public auction at the courthouse in September 2011, and after
a dozen experienced real estate buyers looked at it, none though it was even worth $1
over the back taxes owed.
For the above reasons, James Halkias requests the court remove James Neff as
Administrator of the estate of Leroy Smith OR confirm the deed to Nicholas Halkias.
Dated this September 25th ~ D/Z
James Halkias Pro Se
4075 Linglesto wn Rd #244
Harrisburg PA 17112
GV ~-+
[3ummary of pleading] - 5
inn ~e ~
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 ail 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
$ l 00.00 in the event that he survives me by thirty (30) days. No further monetary gifts are
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 Testament, consisting of two (2) typewritten pages, each identified by my signature, this
' day of~~~.;`:, _ -,~ -
-~%~,~.--~ti
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.
~~ • ''y -.!~.. ,/tea: '~/ ~.1~ _. _.
Witness Witness
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
I, 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
='`'. day of /(, ~ ,,.~r~„%,~,~ , 2007.
4LTH OF PENNSYLVANIA - ~ . ~
P~nnaylvrrnia As:soclatlan of Notaries
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND
We, Michael o,`l7ht.Ea,~. ~r• and :.;~,'~.;; ~,1 e._''.::•,i-~: --- ,the
witnesses whose names aze signed to the attached or foregoing instrument, b ng 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. /~
S .worn or_affirmed to and subscribed to before me by Q/GL
and ~c~(u ) . 4_~.~..__. ,witnesses, this -~ day of Ii/~:,.~;~ _~~, ,
2007. '~~ ,
COMMONWEALTH OF PENNSYLVANIA ~
Notarial Seal ~~_~;
Tammie L Pe~ters~Nota~ry~ nPurydi~cy ' :;~
CORYt115510rt E1Q7118S 99{70 9, 2t)'tl~ =~, ."~,` , / •.~ A =' ~ ~~ j ~ '~
Member. Pennsytvanie nsaodeuon of Notaries Notary PLtblic~SEAL)
VERIFICATION:
I JAMES HALKIAS HEREBY AFFIRM EVERYTHING WRITTEN IN THIS PLEADING IS TRUE AND CORRECT
SUBJECT TO ALL LAWS AND PENALTIES OF 18 PA CS 4904 RELATING TO UNSWORN FALSIFICATIONS TO
AUTHORITIES.
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I ALSO confirm the following people have been mailed copies via us mail today:
Attorney for Nicholas Halkias: Karl Romminger 155 South Hanover St, Carlisle, PA 17013
Occupants 344 Old state Rd, Gardners PA
James Neff c/o Baric Scherer LLC Attn Michael A Scherer, 19 West South St, Carlisle PA 17013