HomeMy WebLinkAbout06-28-07
IN RE: ROBERT C. LAUGHMAN
An Alleged Incapacitated Person
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY,
: PENNSYLVANIA
:CIVIL DOCKET NO. 21-07-540
:JUDGE EBERT
:ORPHANS' COURT DIVISION
ANSWER TO CITATION TO ADJUDICATE AN INCAPACITATED PERSON AND
TO APPOINT A PLENARY GUARDIAN
OF HIS PERSON AND HIS ESTATE
AND NOW, comes an heir of the above alleged incapacitated person, Kathryn E.
Hartman, his daughter, by and through her attorney, Barbara B. Townsend, Esq., and
answers Petitioner and says:
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied in part. To the contrary, the Alleged Incapacitated Person, Robert C.
Laughman, herein Mr. Laughman, adopted Robert Eugene Laughman shortly after the
marriage of Mr. Laughman to Bertie Lou Laughman. Robert Eugene Laughman r~es
at 111 Oliver Avenue, Martinsburg, West Virginia. Robert Eugene is a sug~s adu~
Robert Eugene Laughman has not been notified of the proceedings. An~eg heir, 2='
Donna Laughman is not capable, is mentally retarded and requires a gu~.d::fi~ad ~m. ~
Her assessed ability by Franklin County Mental Health and Retardation irtctita~s a co :
functional intelligence of profoundly retarded. Another heir, Sarah Laug~@;~s n~ _ ; ~~
capable, requires a guardian ad litem, resides in a nursing home and reqUl~ a wl!~el - - i~~
chair and nurse to attend court. She is determined disabled by Cumberl~crCounW)
Mental Health. Donna and Sarah are incapable of understanding notice. Further, Mr.
Laughman has named Charlene B. Johnson as one of his children as shown in the
document labeled Exhibit A attached hereto. It is believed that Charlene B. Johnson is
a nine year old child and has not received notice of these proceedings.
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5. Admitted.
6. Denied. To the contrary, Petitioner has been disinherited by Mr. Laughman and
is not one of his current heirs, as shown on the document attached hereto as Exhibit A.
Petitioner had no interest in Mr. Laughman's physical or economic well being until she
learned that he might be the owner or have an interest in the property located at 255
Walnut Dale Road, Shippensburg, Pa 17257, herein after Real Estate.
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7. Denied in part. To the contrary, Petitioner is not suitable to manage Mr.
Laughman's property. Mr. Laughman has specifically disinherited her. Petitioner was
unaware of any medical condition of Mr. Laughman until May, 2007. Mr. Laughman
executed an Advance Medical Directive appointing Charles Laughman and Kathryn
Hartman as his surrogates to make decisions regarding his physical health as shown on
the document attached hereto as Exhibit B.
8. Denied. Respondent is without sufficient information to form a belief as to the
truth of the averment and demands strict proof thereof.
9. Admitted.
10. Denied in part. To the contrary, Respondent Kathryn Laughman Hartman is or
was power of attorney for Mr. Laughman until May, 2007, when he physically attacked
her. In addition she has an ownership interest in the Real Estate which is adverse to
Mr. Laughman. Respondent has been the primary caretaker of Mr. Laughman, Sarah
Laughman, and Donna Laughman since the death of Bertie Laughman. Respondent has
never received any valid notice that her power of attorney as agent for Mr. Laughman
has been revoked. In addition, Mr. Laughman appointed his son Charles as substitute
attorney in fact for Kathryn Hartman, although Charles has not accepted his
appointment, as will more fully appear by the document attached hereto and marked
Exhibit C.
11. Denied in part. Respondent is without sufficient information to form a belief as
to the truth of the averment and demands strict proof thereof.
12. Denied in part. Mr. Laughman has been able to provide for his physical well
being. Notwithstanding the foregoing, Respondent has served for him under the power
of attorney and living will, executed by Mr. Laughman under guidance by his attorney,
Eileen C. Finucane, Esq., of Finucane Law Office, LLP, 273 Lincoln Way East,
Chambersburg, PA 17201.
13. Denied. Respondent is without sufficient information to form a belief as to the
truth of the averment and demands strict proof thereof.
14. Denied. To the contrary, Respondent is without sufficient information to form a
belief as to the truth of the averment and demands strict proof thereof. Further, since
Petitioner has an adverse interest to Mr. Laughman, should a guardian be necessary,
she is inappropriate.
15. Admitted. In further answer, Petitioner has made no effort to contact
Respondent, who can access Mr. Laughman's accounts, for any of his needs or to
review the contents of the accounts, nor has Petitioner, Mr. Laughman or Charles
Laughman contacted Respondent Hartman for any assistance with money issues.
16. Denied in part. There is currently litigation to force Mr. Laughman to sell real
estate that he does not own. He is appropriately represented by Eileen C. Finucane,
Esq. Strict proof of his inability to understand financial transactions or the likelihood of
being a victim of designing persons is requested. Further in the documents filed to the
cause he acknowledged that he does not have any legal right in the Real Estate.
17. Denied in part. To the contrary:
A. Admitted.
B. Denied. To the contrary, said Real Estate is the exclusive property of
Respondent Kathryn Hartman, also called Catherine Laughman and Kathy
Hartman, as the surviving joint tenant of the joint tenancy with right of
survivorship with Bertie L. Laughman created by deed of Abram N. Seavers and
E. May Seavers, his wife, dated April 12, 1963 and recorded in the Office of the
Recorder of Deeds for Cumberland County in Deed Book K Vol. 23 Page 70 and
the said Bertie L. Laughman died May 21, 2005, thus vesting sole fee in Kathryn
E. Laughman, also know as Catherine E. Laughman, now by marriage Kathryn E.
Hartman, a copy of which is attached hereto as Exhibit D.
C. Admitted.
New Matter
18. Mr. Laughman has allegedly mortgaged the real estate described in paragraph 17
subparagraph B to M & T Bank by a document dated March 27, 2007 and recorded in
the office of the Recorder of Deeds in and for Cumberland County in Mortgage Book
1987 page 4961 as shown on the document attached hereto as Exhibit E.
19. Although Respondent was providing care for Mr. Laughman, she did not know of
this transaction or where the proceeds of the loan were applied.
20. By December, 2006, Mr. Laughman knew or had reason to know that he had no
interest in the Real Estate as will more fully appear in the Office of the Prothonotary in
and for Cumberland County, Pennsylvania, in case 2006 Number 5494, Lydell Sensenig
v. Robert Laughman, answer to first amended complaint.
21. On or about April 28, 2006, Mr. Laughman signed a will in the Law Office of
Harold S. Irwin, a copy of which is attached hereto and marked Exhibit F.
22. Subscribing witnesses to the will are Attorney for Petitioner, Jane Adams, Esq.,
and Attorney for Mr. Laughman, Mark F. Bayley, Esq.
23. There is a distinct probability that both attorneys would be called as witnesses to
Mr. Laughman's competency in April, 2006 should a guardian deem such to be
appropriate.
24. If the Court deems it appropriate to appoint a guardian of the property of Mr.
Laughman, Respondent requests that this Court appoint a neutral officer of the court in
lieu of a family member in this large and diverse family. Alternatively, Mr. Laughman's
choice of Charles Laughman should be honored. Respondent also requests that either
Charles Laughman be appointed guardian of the person of Mr. Laughman, if he desires
to serve, or a neutral third party serves in that capacity.
WHEREFORE, Respondent requests that this Honorable Court deem whether or
not Robert C. Laughman needs a guardian, that, upon the decision that Robert C.
Laughman is incompetent, a neutral guardian of the property who has no interest in the
estate be appointed, whether or not prior wills and codicils are valid or invalid, and a
guardian of the person of Robert C. Laughman be appointed who will regularly see to
his physical needs.
Respectfully submitted:
d~~
. Barbara B. Tow~end, Esq.
/ S.Ct. # 23174
32 West Queen Street
Chambersburg, PA 17201
(717)267 - 3244
Attorney for Kathryn E. Hartman
I hereby verify that the facts set forth in the foregoing instrument are true and correct
to the best of my knowledge, information and belief, and that I make this verification subject
to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to Authority, as
authorized by the Judicial Code and Pennsylvania Rules of Civil Procedure.
Date:
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CODICIL TO LAST WILL AND TESTAMENT
I, Robert C. Laughman, of Shippensburg, Cumberland County,
Pennsylvania, do hereby declare this to be a codicil to my Last Will and
Testament dated April 28, 2006.
ITEM 1. I deliberately do not give, devise and bequeath any part of my
estate to my following children for reasons known to them: Robert Eugene
Laughman, Elizabeth A. Laughman, Barbara Irene Swartz, Thelma Louise
Coover, Harry Laughman, Matthew Laughman, and Charlene B. Johnson.
ITEM 2. In all other respects, I hereby ratify and confirm my said Will
dated April 28, 2006, which shall, in all other respects, remain in full force
and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil
to my Last Will and Testament, written on one (1) typewritten page, at
Chambersburg, Pennsylvania, this 6th day of N ovem ber, 2006.
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Robert C. Laughman
(SEAL)
Signed, sealed published and declared by the above named Robert C.
Laughman, as and for a Codicil to his Last Will and Testament dated April 28,
2006, in our presence, who, in his presence, and at his request, and in the
presence of each other, have hereunto set our hands as attesting witnesses.
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~~f(~v_.c~..:..l....u-.Residing at Chambersburg, Pennsylvania
idjng at Cham bersburg, Pennsylvania
EXHIBIT
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AFFIDA VIT
State of Pennsylvania )
) SS:
County of Franklin )
We, Thomas J. Finucane and Eileen C. Finucane, the witnesses, whose names
are signed to the foregoing instrument, being first duly qualified according to
law, do hereby declare to the undersigned authority that we were present and
saw the Testator execute the instrument as his Codicil and that he signed
willingly, and that he executed it as his free and voluntary act for the purposes
therei 11 expressed; that each subscribing witness, in the presence and hearing of
the Testator signed the codicil as witness; and that to the best of our
knowledge, the Testator was at that time eighteen years of age or older, of
sound mind and under no constraint or undue influence.
Sworn to or affirmed and acknowledged before me by Eileen C. Finucane and
Thomas J. Finucane, this 6th day of November, 2006.
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ACKNOWLEDGEMENT
State of Pennsylvania
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County of Franklin
I, Ro bert C. Laughman, the testator whose name is signed to the foregoing
instrument, having been duly qualified according to law do hereby
acknowledge that I signed and executed the instrument as my codicil; and that
I signed it willingly and as my free and voluntary act for the purposes therein
exprl..:'ssed.
Sworn to or affirmed and acknowledged before me by Robert C. Laughman,
the testator, this 6th day of November, 2006.
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Robc,rt C. Laugh~
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Notary Public'
CUAMC!""Ef\! .TH 9.Le,t:i~JNSiLV ANIA
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ChambeJ~t)urg Boro, Franklin (""QUIlty
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{VtU:lU;: j'< ;,:-. 'J~,/:i;\ A,'~~(.;()C!;lt1c'n 01 Notarj~)s
Page 1 of 2
ADVANCE MEDICAL DIRECTIVE (LIVING WILL)
I, Robert C. Laughman, of 225 Walnut Dale Road, Shippensburg, Cumberland
County, Pennsylvania, 17257, being of sound mind, willfully and voluntarily make this
declaration to be followed if I become incompetent. This declaration reflects my firm
and settled commitment to refuse life-sustaining treatment under the circumstances
indicated below.
I direct my attending physician to withhold or withdraw life-sustaining treatment
that serves only to prolong the process of my dying, if I should be in a terminal condition
or in a state of permanent unconsciousness.
I direct that treatment be limited to measures to keep me comfortable and to
relieve pain, including any pain that might occur by withholding or withdrawing Iife-
sustaining treatment.
I do not want cardiac resuscitation or mechanical respiration.
I realize that if I do not specifically indicate any preference regarding any of the
forms of treatment that I may receive that form of treatment.
I designate my son, Charles Laughman, and daughter, Kathy Hartman, as my
surrogates to make medical treatment decisions for me if I should be incompetent and
in terminal condition or in a state of permanent unconsciousness.
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Dae
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Robert C. Laughman
255 Walnut Dale Road
Shippensburg, PA 17257
The Declarant knowingly and voluntarily signed this writing in our presence.
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EXHIBIT ~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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On this, the L&,.i"tdayof /fpA..'- L- ,2006, before me., a Notary
Public, personally appeared Robert C. Laughman, known to me (or satisfactorily
proved) to be the person whose name is subscribed to the within instrument, and
acknowledged that the Declarant executed the same for the purposes therein
contained.
In witness whereof I hereunto set my han and official seal.
My Commission Expires:
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I maintain an office in <::::""atJ t be. J> N"
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POWER OF ATTORNEY BY ROBERT C. LAUGHMAN
NOTICE
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE
PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO
HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL
OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY
WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU.
THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR
AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE
EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR
BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY.
YOUR AGENT MA Y EXERCISE THE POWERS GIVEN HERE
THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME
INCAPACITA TED, UNLESS YOU
EXPRESSL Y LIMIT THE DURATION OF THOSE POWERS OR YOU
REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF
TERMINA TES YOUR AGENT'S AUTHORITY.
YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR
AGENT'S FUNDS.
A COURT CAN TAKE A WAY THE POWERS OF YOUR AGENT IF IT
FINDS YOUR AGENT IS NOT ACTING PROPERLY.
THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF
ATTORNEY ARE EXPLAINED MORE FULLY IN 20 Pa.C.S. Ch. 56. (20
Pa.C.S. 95601et seq.)
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN
CHOOSING TO EXPLAIN IT TO YOU.
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I
UNDERSTAND ITS CONTENTS.
Date: November 6, 2006
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(SEAL)
Robert C. Laughman
EXHIBIT ()
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that I, Robert C. Laughman, of
Shippensburg, Pennsylvania, have made, constituted and appointed and by these
presents do make, constitute and appoint my daughter, Katherine E. Hartman, or
if she is unable or unwilling to serve, then I appoint my son, Charles Laughman, .
my true and lawful attorney for me and in my name, and on my behalf generally
to do and perform all matters and things, transact all business, make, execute and
acknowledge all contracts, orders, deeds, writings, assurances, and instruments,
which may be requisite or proper to effectuate any matter or thing appertaining
or belonging to me, including authority for my attorney-in-fact to sell or redeem
United States treasury securities or any other securities of agencies, including
instrumentalities or establishments of the United States, with the same powers,
and to all intents and purposes with the same validity as I could, if personally
present; hereby ratifying and confirming all that the said attorney shall and may
do therein by virtue of these presents. Further, my attorney-in-fact shall have
the power to:
a) to create a trust for my benefit;
b) to make additions to an existing trust for my benefit;
c) to claim an elective share of the estate of my deceased spouse;
d) to disclaim any interest in property;
e) to renounce fiduciary positions;
f) to withdraw and receive income or corpus of a trust;
g) to make unlimited gifts, provided such gifting is consistent with my
testamentary plan; .
h) to authorize my admission to a medical, nursing, residential or similar
facility;
i) to enter into agreements for my care;
j) to authorize, withhold or withdraw medical and surgical procedures;
k) to engage in real estate and personal property transactions;
1) to engage in stock, bond and other securities transactions;
m) to engage in commodity and option transactions;
n) to engage in banking and financial transactions;
0) to borrow money;
p) to enter safe deposit boxes;
q) to engage in insurance transactions, including but not limited to the
power and authority to change the beneficiary designation on any
insurance policy, annuity and retirement plan;
r) to handle interests in estates or trusts;
s) to pursue claims and litigation;
t) to receive government benefits; and
u) to pursue tax matters.
Further, I authorize and direct any physician, health care professional,
health care provider, and medical care facility to provide to my attorney-in-fact
information relating to my physical and mental condition and the diagnosis,
prognosis, care, and treatment thereof upon the request of my attorney-in-fact. It
is my intent that this authorization for my attorney-in-fact to be considered a
personal representative under privacy regulations related to protected health
information and for my attorney-in-fact to be entitled to all health information in
the same manner as if I personally were making the request. This authorization
and direction shall also be considered a consent to the release of such
information under current and future regulations, laws, and rules, including but
not limited to, the express grant of authority to personal representatives as
provided by Regulation Section 164.502(g) of Title 45 of the Code of Federal
Regulations and the medical information privacy law and regulations generally
referred to as HIP AA.
This power of attorney shall not be affected by disability of the principal,
Robert C. Laughman.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this j,1J/. day of
November, 2006.
Witness:
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Ro bert C. Laugh 'an
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(SEAL)
STATE OF PENNSYLVANIA
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) SS.
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COUNTY OF FRANKLIN
On this, the (,1J.I day of November, 2006, before me a notary public, the
undersigned officer, personally appeared Robert C. Laughman, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same for the purposes therein
contained.
In Witness Whereof, I hereunto set my hand and official seal.
. <~~#
Notary Publi~ ".~
. <}JI\:'YL\ANIA
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POWER OF ATTORNEY OF ROBERT C. LAUGHMAN
ACKNOWLEDGMENT BY AGENT
We, the undersigned, have read the attached power of attorney and are the
persons identified as the agent for the principal. We hereby acknowledge that in
the absence of a specific provision to the contrary in the power of attorney or in
20 Pa.C.S. when we act as agent:
We shall exercise the powers for the benefit of the principal.
We shall keep the assets of the principal separate from our assets.
We shall exercise reasonable caution and prudence.
We shall keep full and accurate record of all actions, receipts and
disbursements on behalf of the principal.
Date: II~t~t/[,
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Date:
(SEAL)
Charles Laughman
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DlilED. No. 760.
Prlnt~d for and Sold by Jobn C. Clark Co., 1430 S. Penn Square, Phlla.
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arhis ~'ttd,
MADE this
12th
day of
April
metweeu
in the year nineteen hundred and sixty-three,
ABRAM N. SEAVERS and E. Mi\Y SEAVERS, his wife, of Lees Cross Roads,
Southampton Township, Cumberland County, Pennsylvania, pa!ties of
the first part,
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(hereinafter called the Grantor s ),
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a~d
BERTIE' LAUGHMAN and CATHERINE LAUGIf.1AN, mother and daughter ,as
joint tenants with right of survivorship and not as tenants in
COIIDUOl'l., of Southampton Township, Cumberland County, Pennsylvania,
parties of the second part,
(hereinafter called the GJ"anti3e s),
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.itueaa.et4, That in consideration of
TWO HUNDRED ($200.00) -----------------
_ _ ___ __ ________ _ _ __ __ ____ _ ____ _,_ _____ __ __ _ __ ___..-_------- _ ____ -------- ---- - -- Dollars,
in hand paid, the receipt whereof is hereby acknowledged, the said Grantor s do hereby
grant and convey to the said Grantees, their heirs and assigns,
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ALL that certain tract of landsi tuate in Southampton Township, Cumberland County,
Pennsylvania, bounded and limi tedas follows, to wit:
BEGlNNING at a post in the center of a Public Road leading from Cleversburg to
Helm's Sawmill; thence South twenty-four (24) degrees East ~orty-two (42) perches to
a post; thence North fifty-nine (59), d<~grees "West twenty-six ~26) perch:s to a post
near a large chestnut tree; thence S&lit.liwest',twelve (12) perche.s to a hne of land
noW or formerly of ~arah Lynch and William Lynch; thence by said line West~ard to
s,aid Public Road sixteen (16), perches; thence along said Road Northward one and one-j
half (1-1/2) perches to the place pf BEGINNING.
.
.
'.' '.' , " .,..~~"~cliende)!Chydeed da1:ed ~e 6th da, of May, ,lBrJillJ flj~
. d illg*M. ce of the Recorder of Deed!i, in and for <<umber land County, Penn-
l$ylvania._ iJii'l)e~ Book Vol~e 2, Page 193, granted and conveyed to Abram N. Seavers i
~e of t~~ Grantor~ herein,/as by reference thereto will appear.
Excluding from the land hereby described the following tract:
'~
.
ALL that certain tract of land conveyed by the Granto~herein to David R. Leedy and
Hilda E. Leedy, hi~ wife, by deed dated the 26th day of October, 1948, and recorded
in the office of the Recorder of Deeds in and for Cumberland County', Pennsylvania,
in !;leed Book "Z", Volume 13 ,Page 468 .
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Aub the said ~ntor 5 do
hereby coven ant and agree to and with the said Grantees that
the Gr-.torS, their heirs, e:l:ecutors and administrators, SH.4.LL and WILL
GENERALL Y _______________________________ W.4.RlUNT and forever DEFEND the herein above
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described ptemis~with the hereditaments and appurtenances, unto the said Grantee s,
their hei....and lZlISigns, against the said GrantorS and against every other person lawfuUy
claiming or who sTaaU hereafter claim the same or any part thereof.
In mitneSllli _berenf, said Grantor s have hereunto set their hand and seal;
the day. and year ~t above written.
jpea1l!il auh iileliuefeil
IN THE PRESENCE OF
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County of
CUI4BERLAND
}ss.
State of
PENNSYLVANIA
On the
12th
day of
April
,1963 ,before me
A Notary Public in and for said State and County,
the undersigned offitcer, per80nally appeared. Abram N. Seavers and E. May Seavers, his wife,
known to me (or .aatisfactorily proven) to be the persons whose name s
within i1l8trument, amd acknowledged that the y
purpose8 . ther8in ~dj tmd de8ired-the _= might be recorded a8 srucn.
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Last Wiee and 'Testament
of
Robert C. Laughman
I, Robert C. Laughman, of Southampton Township, Cumberland County,
Pennsylvania, 17257, 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 be paid from the assets of my estate
including any expenses of my last illness and funeral, as soon as practicable after my
decease. I have made all of the arrangements for my funeral through Fogelsanger-
Bricker Funeral Home, Inc., Shippensburg, Pennsylvania 17257 (Funeral instructions
attached as Exhibit "A"). I direct that my cremated remains be buried in my Centerville
Cemetery lot.
SECOND: I give, devise and bequeath all of my estate of every nature and
wherever situate to my daughters, Sara L. Laughman and Donna L. Laughman in
Trust to be held by my hereinafter named Trustee as follows:
A.
During the lifetime of Sara L. Laughman and Donna L. Laughman, to
the extent that benefits are not made available to Sara L. Laughman and
Donna L. Laughman, for other than basic living expenses, including food
and shelter, Trustees, in their absolute discretion, may distribute from
income and principle to and for the benefit of Sara L. Laughman and
Donna L. Laughman, for their needs other than basic support. For the
purpose of this provision, non-support purchases include, but are not
limited to: dental care; non-reimbursable medial expenses not covered by
Medicare or Medicade, including plastic and reconstructive surgery,
diagnostic work and treatment, rehabilitative training and experimental
medical services; supplemental nursing care; recreation, cultural
experiences, outings and travel, including payment for others to
accompany my beneficiaries; telephone and television, including cable
television; reading and educational materials (including computer
equipment and programs); exercise equipment; and unreimbursed
therapy. Trustees' discretion in making distributions authorized
hereunder, is absolute, full, and complete with regard to distribution from
the Trust Estate, and shall be binding on all interested persons. If
possible, Trustees shall make distributions directly to the service provider
and not to my disabled children.
EXHIBIT
~
In authorizing any distribution to or for the benefit of Sara L. Laughman
and Donna L. Laughman, Trustees must recognize that any such
expenditures are to satisfy only non-support needs and that such
contributions, if any, are not intended to displace any source of income
otherwise available to Sara L. Laughman and Donna L. Laughman, for
their basic support (such as food and shelter), including any governmental
assistance program to which Sara L. Laughman and Donna L.
Laughman, are or may be entitled. No portion of this Trust is intended to
be a resource of Sara L.Laughman and Donna L. Laughman. This
Trust is intended to be a discretionary spend-thrift Trust. Any and all non-
support sums distributed which are related to the medical care or shelter
of Sara L. Laughman and Donna L. Laughman, shall only be made
directly to the third party provider and not to Sara L. Laughman and
Donna L. Laughman.
As this Trust is specifically intended to provide basic support and
maintenance needs for Sara L. Laughman and Donna L. Laughman, if
either Sara L. Laughman and Donna L. Laughman are unable to
maintain and support themselves from her own resources and sources of
income, Trustees shall seek such support for Sara L. Laughman and
Donna L. Laughman from public sources. The Trust has specifically not
been created to supplant or replace public assistance benefits available
through any county, state, federal or any governmental agency. Trustees
should, therefore, seek entitlements which are available to members of the
community who are experiencing disabilities that are substantially similar
to those that Sara L. Laughman and Donna L. Laughman experience.
Trustees shall deny any request by any agency or governmental entity
requesting disbursement of Trust funds to satisfy the support needs of
Sara L. Laughman and Donna L. Laughman.
Trustees shall make whatever steps may be necessary to initiate or
continue any public assistance program for which Sara L. Laughman and
Donna L. Laughman are or may become eligible. Trustees shall bring
such action in any Court having jurisdiction over the matter, to secure a
ruling or order that this Trust is not available to Sara L. Laughman and
Donna L. Laughman for support purposes. Any expenses of the Trustee,
including reasonable attorney fees, in connection with matters relating to
determination of the eligibility of Sara L. Laughman and Donna L.
Laughman for public support, shall be a proper charge to the Trust.
B. On the death of Sara L. Laughman and Donna L. Laughman, the then
remaining principal and any accumulated and undistributed inqome shall
be paid and distributed in equal shares to my son, Charles Uidghma.n,! _." _ ~..,
and my daughter, Kathy Hartman.
THIRD: I constitute and appoint my son, Charles Todd Laughman,
and my daughter, Kathy Hartman, as Trustees of any and all Trusts established under
this Last Will and Testament.
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 administration of my estate.
FIFTH: I appoint my son, Charles Todd Laughman, and daughter,
Kathy Hartman, as Co-Executors of this my Last Will and Testament.
SIXTH: I direct that my Executors shall not be required to give bond
for the faithful performance of his or her duties in this or any other jurisdiction.
SEVENTH: I have attached an executed Advance Medical Directive
(Living Will) as Exhibit "B" to this my Last Will and Testament.
EIGHTH: I have executed two (2) copies of this Last Will and
Testament. One copy will be stored with Irwin & Bayley Law Office, 64 South Pitt
Street, Carlisle, Pennsylvania 17013.
IN WITNESS WH':.R~~ I hap set my hand and seal to this, my Last
Will and Testament, thisz.L.'aay of ,2006.
;f~ c i:v~~~ (SEAL)
Robert C. Laughmart"
Signed, sealed, published and declared by the above-named Testator, Robert C.
Laughmah, as and for his Last Will and Testament, in the presence of us, who, at his
request, in his sight and presence, and in sight and presence of each other, have
hereunto subscribed our names as witnesses.
COMMONWEALTH OF PENNSYLVANIA
)
:SS.
)
COUNTY OF CUMBERLAND
I, Robert C. Laughman, Testator, whose name is signed to the attached and
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 an~ a~knq~edged before me by, Robert C. Laughman,
the Testator, this~91ay of ~ ' 2006.
~-e~~EAL)
Robert C. Laugh an, Testator
Sworn or affirmed to and subscribed to before me by J'n #v4!- A~A.f..s
and J-It ~..~/}:fl~ ' witnesses, this day of ~~l L- , 2006.
NOTA@;\L_it- ~
';t\.FlOLtl$,hiW!N. i!!, NO !,)ULlC j
I\/HJSLEBOROUGH. CUUf~r/ .' '{;',::;...,i.\.t.i\....N'J.'
\l'l\{ C(':~/1f,./iL:/";!CH L~I i:'U~,,>tij
COMMONWEALTH OF PENNSYLVANIA )
:SS.
COUNTY OF CUMBERLAND )
We, - ~ and l1V{ wt... Sc-.lI ~ ' the
witnesses wh e names are singed to the attached or foregoing1inst ment, being 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 Robert C.
Laughman, 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
the time 18 or more years of age, of sound mind and under no constraint or undue
influence.
-r
Sworn or affirmed to and subscribed to before me by ~. /) /l)l A 0 ~"-'lS
~~~~~::()d;~~~ . ~it::::sses. thi~ ~~ ~ Witness
----7
2. I would prefer as clergyman N / A
jllL~~'~~~~'
Jffunernl~
The following information is for guidance at the time of my death. It is intended to assist those
handling my personal affairs. I have expressed my preferences on certain subjects which,
unless changed by unexpected circumstances, I hereby desire and request.
1. I wish my services to be held at NO SERVICES OR VIEWING
3. I request the following music N1A
4. My funeral director is Fogel!';anger-Bricker Funeral Home. Inc.
5. I have viewed caskets and would prefer NONE-URN PROVIDED BY CREMATORY
6. Outer enclosure desired
N/A
7. Clothing preferred
N/A
8. I desire my funeral expenses to total approximately $ 1 .340.00 *
9. I prefer:
o Burial
o Entombment
~ Cremation (Direct)
Cemetery
N/A
p /J,V"ifP-/;J,4t;S-crAr. -r ~
I 4>. . . ,.' , QL..,).
Section Block
Grave No.
Lot
My ex~executrjx is ~';::'- ,r~ &
11. special'ins~~' B~~~\W~
Mr F:: ]I:
' ,. ~_. .r~IeES V~f
/'
to.
GIVE CREMAINS TO EXECUTOR
* Price Good till 12/31/2000
WITNESSES:
Signed:
Print Name Roh~rt c. Langhman
Date Signed MRrrh q, 2000
, J! . If A "
"E'~I:fI\",.,,:,170';";;0;J7'~ '..~., :~:" .
," ,,0,.' ,.,.' , ." ,. ""':)j}~~#[~;'<>
VITAL STATISTICAL AND BIOGRAPHICAL RECORD
Full Name Mr. Robert C". Laughman
Address 255 Walnutdale Road
City & State Shippensburg. FA 172~7
Marital Status Married
Birthplace Penn Twp. ~ Cumberland Ct.. PA
Father's Name Harry. Laughman
Mother's Maiden Name Kathryn Vanalizan Laughman
Length of Residence Here Coming From
Usual Occupation Truck Driver
Social Security Number 202-20-6074
Religion
Clubs, Organizations, etc.
Spouse
P.O. Box 284
(Southampton Township)
Phone
Bertie Lou Atwood Laughman
Birthdate April 15. 1927
His Birthplace
Her Birthplace
532-8463
Employer
Veteran
Walter Bros. Trucking
Yes US Army WW2
(40 Years)
Church
Remarks Frill I".<l 1"; on' q tn
PERSONS TO BE NOTIFIED:
Relationship:
Name:
. Address:
Form PF-76
PEACHTREE 1-800-241-4623
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Page 1 of 2
ADVANCE MEDICAL DIRECTIVE (LIVING Will)
IJ Robert C. laughman, of 225 Walnut Dale Road, ShippensburgJ Cumberland
County, Pennsylvania, 17257, being of sound mind, willfully and voluntarily make this
declaration to be followed if I become incompetent. This declaration reflects my firm
and settled commitment to refuse life-sustaining treatment under the circumstances
indicated below.
I direct my attending physician to withhold or withdraw life-sustaining treatment
that serves only to prolong the process of my dyingJ if I should be in a terminal condition
or in a state of permanent unconsciousness.
I direct that treatment be limited to measures to keep me comfortable and to
relieve painJ including any pain that might occur by withholding or withdrawing Iife-
sustaining treatment.
I. do not want cardiac resuscitation or mechanical respiration.
I realize that if I do not specifically indicate any preference regarding any of the
forms of treatment that I may receive that form of treatment.
I designate my son, Charles LaughmanJ and daughter, Kathy Hartman, as my
surrogates to make medical treatment decisions for me if I should be incompetent and
in terminal condition or in a state of permanent unconsciousness.
t -2?- (J (p
Dae
liJ-J e ~____
Robert C. Laughman
255 Walnut Dale Road
Shippensburg, PA 17257
The Declarant knowingly and voluntarily signed this writing in our presence.
L;;j,e~rk ~ fs>"'7tt Y l Es '\>
~ D,Jd~_
It ess
e 2 of 2
f-=''t~:~\Lt r{ ~ \'
COMMONWEALTH OF PENNSYLVANIA
)
:SS.
)
COUNTY OF CUMBERLAND
On this, the L &'7"t day of !tPA ,L L- , 2006, before me, a Notary
Public, personally appeared Robert C. Laughman, known to me (or satisfactorily
proved) to be the person whose name is subscribed to the within instrument, and
acknowledged that the Declarant executed the same for the purposes therein
contained.
In witness whereof I hereunto set my han
My Commission Expires:
I maintain an office in c..atJ r 4 J> ,y
I
,.....__.~..
NOTARIAL SEAL ~
f-l/\ROLD S IRWIN, III, NOTAHV PUBLIC i
,~~~L~S;:t~\~;:~2,UJ.2~;~~;.~;)Y\r.~~;~!~:\j!,3;:f.l.~~O ,
;1), \..._.!.'__"..d....,-,l.!' ,..!\.f ,; ,~'_J '" .', '.~",)' "'...,. -:~';:/~.l "
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