HomeMy WebLinkAbout10-12-121
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
ORPHAN'S COURT DIVISION ;;.;~~ ~~~ ~ ~ ~,~ L ~.
IN RE:
',THE ESTATE OF LEROY D SMITH JR.
) Case No.: 21-12-0277 r, '._:_ ' _
JURY TRIAL DEMANDED ~~~~~^~~"~~~~ ~~., F
Title to 344 Old State Rd
Preliminary objection to Petition to
Ammend Order Dated September 26th,
2012
And now comes James Halkias equitable owner of 344 Old State Rd who objects
to the court signing another erroneous Court order submitted by Neff for the
following reason:
1) Failure to attach or serve necessary parties. Exhibit A. To date the
decedent's son, sole heir, person living in the mobile home at time of death,
and named executor of his last will and testament Shawn Michael Smith has
never been served any legal proceedings.
2) Failure to attatch or serve necessary parties. To date the people occupying
the mobile home have never been named or served.
3) Failure to attatch or serve necessary parties. To date the correct Nicholas
Halkias has never been legally served.
4) Failure to attatch or serve necessary parties. To date the author of the last will
and testament of Leroy D Smith Jr... Karl Romminger who was paid $2,500
once or twice now has never been served or even mentioned.
5) Lack of legal standing. After the preliminary objections were dismissed,
Administrator failed to wait the required 20 days for an objection before
requesting court to void the deed.
6) Improper procedure. Preliminary objections were dismissed after holding a
hearing which the date and time of the hearing was never given to any of the
parties. The law specifically states that the "time, date and location" of the
hearing must be given to the parties. A general reference that it should be on
a scheduled calendar is neither a time, date or location of a hearing. None of
the parties were aware of the date time or location of the hearing.
7} Improper procedure. After the preliminary objections were dismissed, James
Halkias pro se timely filed actual objections to the proposed order on
September 26t" at 2:15pm within 20 days of the preliminary objections being
dismissed. This also predated the courts filing of their order by 1 day. The
court would have to have had a hearing regarding the facts and the will
presented in the objections.
8) Improper procedure. The court has failed to rule on whether or not Leroy D
Smith Jr's will is valid or not.
[Summary of pleading] - 1
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9) Improper procedure. Since the subject matter involves ownership of real
estate, James Halkias is entitled to a trial by jury to decide the facts of the
case and who legally owns the real estate.
10)A personal representative rarely takes possession of real estate which at the
time of death was occupied by a Heir. Property was in fact occupied at time o
death by Shawn Michael Smith, Decedent's son, sole heir, and even the
named executor in his last will and testament. Current occupants wanted to
buy the property from the executor Shawn Michael Smith but did not have
enough money so they approached James Halkias who helped lend the
money to do so making James Halkias an equitable owner of the property.
The deed was put into the name and address of "Nicholas Halkias"....NOT
THE NICHOLAS HALKIAS THAT THE SHERIFF SERVED. NEITHER
NICHOLAS HALKIAS OR SHAWN MICHAEL SMITH NOR THEIR
ATTORNEY KARL ROMMINGER HAVE EVER BEEN SERVED ANYTHING
IN THESE PROCEEDINGS.
11) Improper procedure. The court only has the authority to execute on the
property. Not evict anyone with a single order of court. § 781. Methods
of enforcement.
12)Violation of federal law. Tenants of a property may not be evicted for any
reason if they are not behind in paying rent, and any lease they have is valid
for up to 1 year if foreclosed on.
7) B use 4 Id S Rd in p s ssi Shawn ichael mith eir the
d de d wit nse the den evid nc y is i I, h tl in' a
For the above reasons, James Halkias requests the court not sign the proposed
amended order, and also quash the previous order as null and void.
Dated this October 12th 2012
James Halkias Pro Se
4075 Linglestown Rd #244
Harrisburg PA 17112
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[Summary of pleading) - 2
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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 ail 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 bf: my express desire that my personal
representative employ Karl E. Rominger, Esquire, of Curnberland 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 execul:ion of the powers herein mentioned. Any
mention of Karl E. Rominger, Esquire in this, my Last Wili 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 . ~,;~~ .,;_ ,~ , - _ ;
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yi ~~~
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.
.i(. / '.: ~~ ~ . I..
_ ~
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
,.-~,
" ~ 2007.
,_ ~ day of 1~. ~ ,, ~~~~.,r .~, ,
,.
COMMONWEALTH OF PENNSYLVANIA -- ~~. ;~
No#arral Seal .` ~ ; ~ v ~ _ ~~ __ (.~~! ,,,; _-
,'
Tammle L Pets, NoCary Pubilc ~- ~ ~ -
~ste 9oro, Cerrtt~ertartd courny Notary Publi'c.~SEAL)
My Cort~tmissla~ E~lres Sept 8, 2011
Member, Pennaylvania Aaeoclation oI Notaries
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
We, ckael o.~~~.~a~, o ~~i" . and ,:-' ~'~~ '~~;,~ ~ ~ ~ ~ ~~ -- ,the
witnesses whose names are signed to the attached or foregoing instrument, 1?eing 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 1 S or more years of age, of sound mind and under no constraint or undue
influence. G /
Sworn or_affirmed to and subscribed to before me by ~/~ ^' ._
and --; ~dc~ .) ~G. , ;~.' ~ - ,witnesses, this ~~~ day of ~~%~ :,~,~.~ ~,~
2007. `
COMMONWEALTH OF PENNSYLVANIA
Natartat Seal
nT.ayym,,..,,~m~iepp ~~L~~Pe/~t~xs~,.~N.,~a~bry /~P+~u~b~~i+c~~(
My CoimrntssJo~ E~ires Sept. 8, ZO'i1"
Member, Pennsylvania Associatlnn o! Notaries
;-
Notary Public~(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
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