HomeMy WebLinkAbout11-30-12IN RE: ESTATE OF LEROY D. SMITH, JR.,
deceased
~~ ..
~~ ~;~
,~..~.~
yA. ^} ......, x
1 ~ u e ....
~;A ..
~.a ~~_
~;:
~k ~~~~~
~~ ~~
~~
~~ !a.!
~r
~~~~~
IN THE COURT OF COMMON PLEAS OF
t.-.-,
~~ ~~~~~~ THE NINTH JUDICIAL DISTRICT
.
`
s~ O
a
d. ~,.:.d
~~.~ ;~~ c ~s "~~' ORPHANS' COURT DIVISION
~ 21-12-0277
~,~ J ~
~.-~
m., `-~ ~ ts.!
~~.. m
IPA=R E: P~T~TION TO AMEND ORDER DATED 26 SEPTEMBER 2012
~~...
'~`" ~
U
~.~ :~
:,~
ORDER OF COURT
AND NOW, this 30t" day of November 2012, following argument on the
Petition to Amend Order Dated 26 September 2012 and the "Objection to Petition" from
James Halkias, who is neither a purchaser for value of the property in question nor a
person with legal standing, and without response to the issued Citation from Nicholas
Halkias, who is named as Grantee at Instrument No. 2011-30259, the Petition to Make
Citation Absolute is GRANTED.
It is hereby ORDERED and DECREED as follows:
1. The Deed dated 6 October 2011, naming Leroy D. Smith, Jr. and Debra K.
Smith as Grantor's and Nicholas Halkias as Grantee recorded in the
Cumberland County Recorder of Deeds Office as Instrument Number
2011-30259 is invalid and void;
2. The title to the real estate located at 344 Old State Road, Gardners,
Cumberland County, Pennsylvania, being tax parcel number 08-38-2175-
018, remains vested in the decedents of Leroy D. Smith, Jr.;
h~
3. Possession of 344 Old State Road, Gardners, Cumberland County,
Pennsylvania being tax parcel number 08-38-2175-018, is granted to
James Neff as Administrator of the Estate of Leroy D. Smith, Jr.;
4. The Sheriff of Cumberland County is directed to serve this Order of Court
on the occupants of 344 Old State Road, Gardners, Cumberland County,
Pennsylvania and to enforce possession of that property.
__
Thomas A. Placey C.P.J.
Distribution List:
Michael A. Scherer, Esq.
19 West South Street
Carlisle, PA 17013
For Petitioner
Stephen Tiley, Esq.
5 South Hanover Street
Carlisle, PA 17013
For Estate Leroy D. Smith, Sr.
Karl E. Rominger, Esq.
155 S. Hanover Street
Carlisle, PA 17013
For Nicholas Halkias
James Halkias
4075 Linglestown Road, No. 244
Harrisburg, PA 17112
Current Resident
c/o 344 Old State Road
Gardners, PA 17324
In Re: ESTATE OF LEROY D SMITH JR
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-12-0277
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 11/30/12
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 11/30/12
IN RE: ORDER OF COURT
SERVICE TO: MICHAEL A SCHERER STEPHEN TILEY
KARL E ROMINGER JAMES HALKIAS
CURRENT RESIDENT C/O 344 OLD STATE RD GARDNERS PA 1732R
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS ^ PETITIONER
^ RRR ®JUDGE
^ HAND DELIVERED ^ CLERK OF ORPHANS COURT
^ OTHER
MAILED: 11/30/12
............................................................................................................................
SERVICE TO: __
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
r
~_%~~
ire ty
erk of Orphans' Court