HomeMy WebLinkAbout07-5696KATHRYN E. HARTMAN :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY,
V. :PENNSYLVANIA
ROBERT C. LAUGHMAN :CIVIL DOCKET NO.
LYDELL SENSENSIG :JUDGE
M & T BANK
Defendants :IN EQUITY
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in
the following page, you must take action within twenty (20) days after this complaint and
notice are served, by entering a written appearance personally or by attorney, and filing in
writing with the Court your defenses or objections to the claims set forth. against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may
be entered against you by the Court without further notice for any money claimed in the
complaint or for any other claims or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA
(717) 249-3166
KATHRYN E. HARTMAN :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY,
V. :PENNSYLVANIA OZT"
ROBERT C. LAUGHMAN :CIVIL DOCKET NO.61- SZ4G LYDELL SENSENSIG :JUDGE
M & T BANK
Defendants :IN EQUITY
COMPLAINT IN AN ACTION FOR DECLARATORY JUDGMENT
Now comes Plaintiff, Kathryn E. Hartman, by her attorney, Barbara B. Townsend,
Esq., and requests that she be declared the sole owned of real estate based upon the
following:
1. Plaintiff is Kathryn E. Hartman, also known as Catherine Elaine Laughman, who is
a sui juris adult residing at 2768 Keller Road, St. Thomas, Franklin County, PA 17252.
2. Defendant Robert C. Laughman is an adult residing at 255 Walnut Dale Road,
Shippensburg, Cumberland County, PA 17257.
3. Defendant Lydell Sensensig is an adult residing at 100 Strohm Road, Shippensburg,
Cumberland County, PA 17257.
4. Defendant M & T Bank, also known as Manufacturers and Traders Trust Company
is a banking corporation having a place of business at 444 Oxford Valley Road, Suite 300,
Longhorne, PA 19047.
5. On or about April 12, 1963, Abram N. Seavers and E. May Seavers, by deed
conveyed real estate located in Southampton Township, Cumberland County, Pennsylvania
to Bertie Laughman and Catherine Laughman, mother and daughter, as joint tenants with
right of survivorship as recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Deed Book K, Volume 23, Page 70 on September 26,
1969, which real estate hereafter is called the Home Place. A copy of the deed is attached
hereto and marked Exhibit A.
6. The said Bertie Laughman, also known as Betty Laughman, had fourteen children,
one of which is the said Plaintiff and the only child named Catherine or Kathryn. At the
time that Bertie named Plaintiff as a joint tenant with right of survivorship on the deed to the
Home Place, Kathryn was only two years old.
7. Plaintiff has used the Kathryn since she started school in 1966. However, she has
discovered that her mother, Bertie, frequently used Catherine as Plaintiff's name before
Kathryn was old enough to start school.
8. According to the deed Plaintiff believes that she is the joint tenant with right of
survivorship with Bertie Laughman, which belief has been confirmed by discussions with
her mother's siblings.
9. On or about May 21, 2005, Bertie Laughman died as will more fully appear in her
death certificate.
10. During her life, Bertie was married to Robert C. Laughman.
11. Plaintiff Kathryn E. Hartman, Kathy, has survived Bertie Laughman.
12. Berrie Laughman was represented by counsel when she purchased and had the Home
Place titled.
13. On or about August 25, 2005, Defendant Robert C. Laughman, Laughman, entered
into a memorandum to consider selling the Home Place to Defendant Lydell Sensensig,
Sensensig retaining for himself a life estate.
14. On or about May 2, 2006, Laughman signed a second document about the sale of the
Home Place to Sensensig without retaining a life estate.
15. Sensensig cut some timber on the Home Place after this event.
16. In June, 2006, Laughman refused to convey the Home Place to Sensensig.
17. In early September, 2006, Sensensig sued Laughman for specific performance to
force the Sale of the Home Place as will more fully appear in the Office of the Prothonotary
in and for Cumberland County, Pennsylvania which action is docketed to No. 2006 - 05494.
18. Kathy, who had been assisting Laughman with his daily needs since the death of her
mother, reviewed the law suit when she saw it at the Home Place.
19. Kathy took Laughman to his attorney's office to allegedly complete the sale of the
Home Place in mid September, 2006.
20. At the settlement time, Laughman turned to Kathy and said to her that her name
looked good on a deed and showed her, for the first time, the deed to the Home Place,
attached as Exhibit A.
21. Kathy had not approved of the sale of the Home Place so when Laughman
demanded that she sign the deed to Sensensig, she refused.
22. On or about December 19, 2006, Laughman filed a pleading in the action for specific
performance alleging that Sensensig's attorney first advised him that he could not convey the
property and further alleged that he has no legal right to convey the property.
23. On or about March 26, 2007, Laughman borrowed money on a line of credit from
Defendant M & T Bank, allegedly providing security to M & T Bank in the form of a
mortgage on the Home Place.
24. Kathy had no knowledge of the alleged mortgage action until other litigation
commenced to declare Laughman an incapacitated person, which action has been continued
generally.
25. On or about May 5, 2007, Laughman sent a notice to Kathy that she was not to enter
the Home Place, a copy of which is attached and marked Exhibit B.
26. The position of Laughman is that, because he was married to Bertie Laughman, he
owns the Home Place.
27. When Bertie Laughman died, she had an executed will among her papers.
28. Laughman has possession of the will.
29. Laughman has not probated the will or otherwise opened an estate for his deceased
wife, Bertie, and Kathy's mother. No tax return has been filed
30. A dispute has arisen as to who has title to the Home Place.
31. An actual controversy exists between Plaintiff Kathy and all defendants as to their
legal relations, if any, in the Home Place.
WHEREFORE, Plaintiff prays for a declaratory judgment:
(a) declaring that Plaintiff, Kathryn E. Hartman, is the surviving joint tenant and the
sole owner of the tract of land conveyed by Abram N. Seavers, joined by his wife, E. May
Seavers to Bertie Laughman and Kathryn Laughman, now by marriage, Kathryn E.
Hartman,
(b) declaring any action filed for Specific Performance to sell this tract of land void
for failure to secure the consent and signature of the true legal owner of this tract,
(c) declaring any alleged mortgage or lien entered into between Defendant Robert
Laughman and M & T Bank void solely as to creating a lien against this real estate,
(d) declaring that Robert C. Laughman cannot exclude Kathryn E. Hartman, the
legal owner, from her real property,
(e) for such other and further relief as to this Court may seem just and proper.
Respectfully submitted:
Barbara B. Townsend, 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: 1D ??
'Y• '? DEED. No. SGG, Printed for and Sold by John C. Clark Co., 1430 S. Penn Square, Phila.
h1+5 P'ttAl MADE this 12th day of
April in the year nineteen hundred and sixty-three,
TSO WMt ABRAM N. SEAVERS and E. MAY SEAVERS, his wife, of Lees Cross Roads,
Southampton Township, Cumberland County, Pennsylvania, narties of
the first part,
(hereinafter called the Grantors),
and BERTIE LAUGHiMAN and CATHERINE LAUGHMAN, mother and daughter, as
joint tenants with right of survivorship and not as tenants in
common., of Southampton Township, Cumberland County, Pennsylvania,
parties of the second part, .
(hereinafter called the Grantee s
ttnrSart4, That in consideration of TWO HUNDRED ($200.00) -----------------
----------------------------------------------------------------------------- Dollars,
in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby
grant and convey to the said Grantees, their heirs and assigns,
ALL that certain tract of land situate in Southampton Township, Cumberland County,
Pennsylvania, bounded and limited as follows, to wit:
BEGINNING at a post in the center of a Public Road leading from Cleversburg to
Helm's Sawmill; thence South twenty-four (24) degrees East forty-two (42) perches to
a post; thence North fifty-nine (59) degrees West twenty-six (26) perches to a post
near a large chestnut tree; thence S&Ii6est twelve (12) perches to a line of land
k now or formerly of Sarah Lynch and William Lynch; thence by said line Westoard to
said Public Road sixteen (16) perches; thence along said Road Northward one and one-
half (1-1/2) perches to the place pf BEGINNING,
o ,
BEING,:Tract No.l$Jobich Lloyd A. Bender by deed dated the 6th day of May, 19 vAndwx,
recorded in, }}??€'ce of the Recorder of Deedg in and for Cumberland County, Penn-
sylvania, We Book Volume 2, Page 193, granted and conveyed to Abram N. Seavers,
one of the,Grantors 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 Grantors herein to David R. Leedy and
Hilda E. Leedy, his 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 Deed Book " Z Volume 13 , Page 468 ,
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A10 the said Grantors do hereby covenant and agree to and with the said Grantees that
the Grantors, their heirs, executors and administrators, SHALL and WILL
GENERALLY ------------------------------- WARRANT and forever DEFEND the herein above
described premises, with the hereditaments and appurtenances, unto the said Grantee s
their heirs and assigns, against the said Grantors and against every other person lawfully
claiming or who shall hereafter claim the same or any part thereof.
in Witness Wberref, said Grantor s have hereunto set their hand and seals
the day and year first above written.
fraleO ana 39eliutreb ??(? SEAL
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State of PENNSYLVAINIA
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County of CUMBERLAND
On the 12th day of April 1963 , before me
A Notary Public in and for said State and County,
the undersigned officer, personally appeared Abram N. Seavers and E. May Seavers, his wife,
known to me (or satisfactorily proven) to be the persons whose name s are subscribed to the
within instrument, and acknowledged that the y executed the same for the
purposes therein contained, and deeired the sam: might be recorded as such.
In Witness Whereof, I hereunto set my hand and official seal. :
The address of the within-named Grantee ••------•••-••--•-••••-•• ?- ' ?.
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Recorder
, yn E. Hartman
j8 Keller Road
c. Thomas, Pa. 17252
Dear Mrs. Kathryn E. Hartman,
This notice is being sent to you after consulting with district magistrate Harold E. Bender, district
09-3-01, Southamilton township, Cumberland County, Pennsylvania.
This notice is being sent to inform you to restrain from having any further contact with Robert
Charles Laughman.
You are hereby given notice that any further contact with Robert Charles Laughman; who resides
at 255 Walnut Dale Road, Shippensburg, Pennsylvania, 17257; will result in you being prosecuted
to the fullest extent of the law. You can not enter onto his property; contact him by telephone;
send mail to him or have any other contact with him; either in person or by having another person
or entity contact him on your behalf. Doing any of the aforementioned acts, or any other act that
results in you coming in contact either physically or through another person acting on your behalf
will constitute a violation of this notice.
Violating this notice will result in charges for criminal trespass being filed against yom These
charges will be processed in the court system to the fullest extent of the law.
Robert Charles Laughman
Sworn to or affirmed to and acknowledged to before me by Robert Charles aughman, this
day of Ja r'? , 2007
Notary Public
Cc:
Kathryn Hartman COiU1MONWEALI H OF PENNSYLVA141A
District Magistrate Bender NOTARIAL SEAL -----?
States Trooper Carey badge # 10272 MICHELLE POWERS, Notary Public E
Boro of Chambersburg, Franklin County
Mark Bayley, attorney My Commission Expires Oct. 5, 2010
Robert Laughman
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KATHRYN E. HARTMAN
Plaintiff
V.
ROBERT C. LAUGHMAN
LYDELL SENSENSIG
M&TBANK
Defendants
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY,
:PENNSYLVANIA
:CIVIL DOCKET NO. - L 4 107 .JUDGE
:IN EQUITY
PRAECIPE TO INDEX AS LIS PENDENS
To the Prothonotary:
et Gc L aft7
Please index the above captioned action as lis pendens against a parcel of real estate
situate in Southampton Township, Cumberland County, Pennsylvania, more fully described
in Deed dated April 12, 1963, and recorded in K23, Page 70, in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania, a copy of which is attached and made a part
hereof as Exhibit A and Deed dated October 30, 1991, and recorded in J35, Page 305, in the
Office of the Recorder of Deeds of Cumberland County, Pennsylvania, a copy of which is
attached and made a part hereof as Exhibit B.
Barbara B. Townsend
Townsend Law Office
32 West Queen Street
Chambersburg, PA 17201
717-267-3244
d
DEED. No. 760. ' Printed for and Sold by John C. Clark Co., 1430 S. Penn Square, Phila.'
?iJ MADE this 12th day of
April in the year nineteen hundred and sixty-three,
18dWrext ABRAM N. SEAVERS and E. MIRY SEAVERS, his wife, of Lees Cross Roads,
Southampton Township, Cumberland County, Pennsylvania, narties of
the first part,
(hereinafter called the Grantors),
and BERTIE LAUGHMAN and CATHERINE LAUGHMAN, mother and daughter, as
joint tenants with right of survivorship and not as tenants in
common., of Southampton Township, Cumberland County, Pennsylvania,
parties of the second part,
(hereinafter called the Grantees),
19itUrOOrt4, That in consideration of TWO HUNDRED ($200,00) -----------------
------------------------------------------------ ---------------------------- Dollars,
in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby
grant and convey to the said Grantees, their heirs and assigns,
ALL that certain tract of land situate in Southampton Township, Cumberland County,
Pennsylvania, bounded and limited as follows, to wit:
BEGINNING at a post in the center of a Public Road leading from Cleversburg to
Helm's Sawmill; thence South twenty-four (24) degrees East forty-two (42) perches to
{ a post; thence North fifty-nine (59) de rees West twenty-six (26) perches to a post
near a large chestnut tree; thence S&INwest twelve (12) perches to a line of land
now or formerly of Sarah Lynch and William Lynch; thence by said line Westvlard to
( said Public Road sixteen (16) perches; thence along said Road Northward one and one-
1 half (1-1/2) perches to the place pf BEGINNING.
r SdCG.`T act Na` s f?i.oyd A. Bender by deed dated the 6th day of May, 4M! ogooo
recorded i@ e of the Recorder of Deed, in and for Cumberland County, Penn-
sylvania, Yg".,e Book Volume 2, Page 193, granted and conveyed to Abram N. Seavers,
one of the,Grantors 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 Grantors herein to David R. Leedy and
Hilda E. Leedy, his wife, by deed dated the 26th day of October, 1948, and recorded
in the office of tphe Recorder of Deeds in and for Cumberland County, Pennsylvania,
in Deed Book " Z ", Volume 13 , Page 468 ,
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Altb the said Grantors do hereby covenant and agree to and with the said Grantees that
the Grantors, their heirs, executors and administrators, SHALL and WILL
GENERALLY ------------------------------- WARRANT and forever DEFEND the herein above
described premises, with the hereditaments and appurtenances, unto the said Grantee s,
their heirs and assigns, against the said Grantors and against every other person lawfully
claiming or who shall hereafter claim the same or any part thereof.
In Witness Whereof, said Grantor s have hereunto set their hand and seat
the day and year first above written.
ralpaa ttnih 3?rliurrea `? . ? z ' Z assn
IN THE PRESENCE OF ..........._. `.
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?\\ ........1 ?/.F•/•??..-.b..a?Sf .:...kN.:............................. . SEAL ......... .................................................................................................................................... sESn
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State of PENNSYLVANIA
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County of CUMBERLAND
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On the 12th day of April 1963 , before me
A Notary Public in and for said State and County,
the undersigned officer, personally appeared Abram N. Seavers and E. May Seavers, his wife,
known to me (or satisfactorily proven) to be the persons whose name s are subscribed to the
within instrument, and acknowledged that the y executed the same for the
purposes therein contained, and desired -the samo might be recorded as such.
In Witness Whereof, I hereunto set my hand and official seal.
The address of the within-named Grantee
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THIS DEED
MADE the 00 day of October, in the year of our Lord one
thousand nine hundred ninety-one (1991).
BETWEEN
ROBERT C. LAUCHMAN and BERTIE L. LAUGHMAN, husband and wife, and LEROY
ALLEN, as trustee for Sara Louise Laughmen and Donna Lee Laughman, as joint
tenants with right of survivorship and not as tenants in common, of
Southampton Township, Cumberland County, Pennsylvania, GRANTORS
AND
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ROBERT C. LAUGHMAN and BERTIE L. LAUGHMAN, husband and wife, of
Southampton Township, Cumberland County, Pennsylvania, GRANTEES
WITNESSETH, that in consideration of One ($1.00) Dollar, in hand paid,
the receipt whereof is hereby acknowledged, the said Grantors do hereby grant
and convey to the said Grantees,
Southampdon Twp, Cumberland County, Pennsylvania,
BEGINNING at a spike set in the center line of Township Road 323 and
corner of land of Dean Mizell; thence by land of Dean Mixell, South 21
degrees East 153.3 feet to an iron pin; thence by land of the
Commonwealth of Pennsylvania, being Nichaux State Forest, South 20
degrees.48 minutes 45 seconds East 703.58 feet to an existing iron pin
and land of Joseph P. Hazzard; thence by land of Joseph P. Hazzard,
North 89 degrees 34 minutes 30 seconds Hest 429 feet to an iron pin;
.t thence by land of Robert C. Ott, North 31 degrees 21 minutes 10
Seconds Nest 210.25 feet to an iron pin in existing stone pile; thence
by ,the same North 67 degrees 39 minutes 50 seconds Hest 252 feet to a
z '"pike in the center line of the said Township Route 323; thence by the
r_3aid Township Route the following courses and distances: North 28
"degrees DO minutes 10 seconds East 224.2 feet to a spike, North 41
_4egrees 12 minutes 40 seconds East 303.07 feet to a spike, and North
r'39 degrees 12 minutes East 188.15 feet to a spike, the place of
ii I-BEGINNING. CONTAINING 7.735 Acres, according to a survey of William
_' ?. Brindle Associates, made April 19-20, 1972.-
BEING the same property which Robert C. Laughman and Bertie L.
Laughman, husband and wife, by deed dated April 20, 1990, and recorded
in Cumberland County Deed Book "N", Volume 34, Page 308, granted and
conveyed to Robert C. Laughman and Bertie L. Laughman, husband and
wife, and Leroy Allen, Trustee, Grantors herein.
THIS conveyance is as between parents and children and is therefore
transfer tax exempt.
AND the said Grantors covenant and agree that they will warrant generally
the property hereby conveyed,
F66 l35 PAGE 305
F, rf
IN WITNESS WHEREOF, said Grantors have hereunto set their hands and
seals the day and year first above written.
Signed, sealed and delivered
in the presence of:
(SEAL)
Dert C. Lau iman
"Bertie L. Laughm
(SEAL)
Leroy en I ru4 fsy ?^ L. L?..
A z ? L. L-tthma -
COMMONWEALTH OF PENNSYLVANIA:
: SS
COUNTY OF CUMBERLAND
On this, the 30 day of October, 1991, before me, the undersigned
undersigned officer, personally appeared Robert C. Loughman and Bertie L.
Loughman, husband and wife and Leroy Alien, known to me (or satisfactorily
proven) to be the persons whose names are subscribed to the within
instrument, and acknowledged that they executed same for the purposes•••thpr
contained. c?d!AJ/.
IN WITNESS WHEREOF, I hereunto set my hand and officia
Ndaii:is9 --?
?S J.wr?+,NaLyFtitk
?C0InI11fkSipnExjYes ?K. 1?, 15ik:
I do hereby certify that the precise residence and complete post office
address of the within named Crantees is: A O, 6,gx d-" 7 Ef4y?""-PA
Date: 0 Q C7 I
Attorne for
bbeq 35 PAGE 306
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KATHRYN E. HARTMAN
PLAINTIFF
V.
ROBERT C. LAUGHMAN
LYDELL SENSENSIG
M & T BANK
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DOCKET NO. 07-5696 CIVIL TERM
JUDGE
IN EQUITY
ACCEPTANCE OF SERVICE
NOW, this ° day of 2007, I, H. Anthony Adams, attorney for the
Lydell Sensenig, Defendant above, hereby accept service of a true and attested copies of the
Complaint in an action for Declaratory Judgment and Praecipe to Index as Lis Pendens tiled
in the above cause pursuant to Pa. R.C.P. 1920.4(3) and verify that I am authorized to do so
on behalf of the Defendant.
Attorney for Defendant Lydell Sensensig
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Kathryn E. Hartman
Plaintiff
VS.
Robert Laughman
Lydell Sensenig
M&T BANK
Defendants
TO THE PROTHONOTARY:
No. No. 07-5696 Civil Term
Civil Action - Law
PRAECIPE
Please enter my appearance for Defendant Lydell Sensenig, in the captioned
matter.
Respectfully,
Date:
H. Anthony Adams, Esquire
Attorney for Plaintiff
49 West Orange Street, Suite 3
Shippensburg, PA 17257
Attorney ID No. 25502
(717) 532-3270
C'? -rs
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Kathryn E. Hartman
: No. 07-5696 Civil Term
Plaintiff
VS.
Robert Laughman
Lydell Sensenig
M&T Bank
Judge
:In Equity
Defendants
NOTICE TO PLEAD
To: Kathryn E. Hartman
C/O Barbara B. Townsend, Esq.
32 West Queen Street
Chambersburg, PA 17201
You are hereby notified to file a written response to the enclosed Answer with
New Matter To First Amended Complaint within twenty (20) days from service
hereof or a judgment may be entered against you.
Date: 10 a BOO
oa?=c
Anthony Adams, E quire
Attorney for Defendants
49 W. Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532-3270
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Kathryn E. Hartman
Plaintiff
VS.
Robert Laughman
Lydell Sensenig
M&T Bank
Defendants
No. 07-5696 Civil Term
Judge
:In Equity
ANSWER
Now comes the Defendant, Lydell Sensenig, by and through his Attorney,
H. Anthony Adams and makes the following answer:
1.
Admitted
2.
Admitted
3.
Admitted
4.
Admitted
5.
Admitted
6.
Admitted to the best of Defendant Sensenig's knowledge and belief.
7.
Admitted to the best of Defendant Sensenig's knowledge and belief.
8.
Denied after reasonable investigation Defendant is without sufficient
knowledge or information to form a belief as to the truth of the matter averred.
9.
Admitted
10.
Admitted
11.
Admitted
12.
Denied after reasonable investigation Defendant is without sufficient
information or knowledge to form a belief as to the truth of the matter averred.
13.
Denied, the original agreement (August 25, 2005) concerned the sale of
acres of land to be subdivided and conveyed without the house.
14.
Denied the agreement of April 28, 2006 included the retention of a life
estate in Robert Laughman.
15.
Denied Defendant Sensenig has never removed timber from the property
however brush and undergrowth has been removed to allow surveying and field
soil testing.
16.
Denied, Robert C. Laughman desired and continues to desire to convey
title to the real estate to Lydell Sensenig; however Plaintiff claimed an ownership
interest in some of the real property.
17.
Admitted
18.
Denied, the Plaintiff and Laughman were not in accord on the sale of the
property nor was she assisting Laughman; in fact Plaintiff was ordered from the
property by Laughman..
19.
Denied, settlement between Laughman and Sensenig was to have taken
place on or about June of 2006.
20.
Denied, Laughman owned the land by virtue of that deed dated October
30, 1991 as recorded in Deed Book J Volume 35 at page 305. At the time of
settlement Plaintiff first asserted her interest in the land and settlement was
therefore not concluded. This occurred in June of 2006.
21.
Admitted that Robert C. Laughman demanded that she sign the deed and
that she refused.
22.
Denied, it is believed and therefore averred that Plaintiff took Robert
Laughman to an attorney and that she incorrectly advised the attorney that Mr.
Sensenig was represented. At no time prior to the filing of the complaint at No.
2006-05494 was Defendant Lydell Sensenig represented by counsel.
23.
Admitted
24.
Denied, Defendant Lydell Sensenig is after reasonable investigation
without knowledge or information sufficient to form a belief as to the truth of the
matter averred.
25.
Denied, Defendant Lydell Sensenig is after reasonable investigation
without knowledge or information sufficient to form a belief as to the truth of the
matter averred.
26.
Denied, Defendant Lydell Sensenig is after reasonable investigation
without knowledge or information sufficient to form a belief as to the truth of the
matter averred.
27.
Denied, Defendant Lydell Sensenig is after reasonable investigation
without knowledge or information sufficient to form a belief as to the truth of the
matter averred.
28.
Denied, Defendant Lydell Sensenig is after reasonable investigation
without knowledge or information sufficient to form a belief as to the truth of the
matter averred.
29.
Admitted
30.
Admitted
31.
Admitted
NEW MATTER
32.
Defendant Robert C. Laughman is the owner of the land that was to
conveyed to Lydell Sesnsenig by virtue of a deed recorded in Cumberland County
Deed Book 24-P-1026 and subsequent deeds.
33.
Defendant Robert C. Laughman is the owner of the land by adverse use
and ownership which includes the placement and payment of not less than 11
mortgages on the property, payment of all taxes for 42 years and use and
possession for 42 years.
34.
The Plaintiff is not entitled to recovery in the matter since she has not
made any attempt to claim or protect her interest in the property for an
extended period of time.
35.
The Plaintiff is not entitled to recovery in this matter since she has allowed
Lydell Sensenig to expend over $10,000.00 to create a subdivision and pay fees
for Robert C. Laughman knowing she had a partial interest in the said land and
comes to this matter with unclean lands.
36.
Lydell Sensenig has had soil and nitrate tests performed and a survey and
subdivision plan prepared all at his expenses all of which increase the value of
the land. Plaintiff would therefore be unjustly enriched.
37.
The deed of conveyance to Plaintiff purports to convey tract five of the
deed into Abram N. Seavers being 5 acres less a tract of 1 acre previously
conveyed to David R. Leedy for a net area of 4 acres. The deed into Robert
Laughman at 24-P-1026 purports to convey 7.735 acres which is confirmed by
the recent survey of William A. Brindle finding that the tract contains 7.7397
acres. The land owned by Robert Laughman was not the same land owned by
Bertie Laughman and Catherine Laughman and is believed by Plaintiff to be her
property because of a simple error in the recital in her deed.
38.
Robert Laughman's attempt to convey the land if Plaintiff is a joint owner
is an offer to partition and Lydell Sensenig would still maintain an interest in the
partition real property.
WHEREFORE, Defendant Lydell Sensenig prays your Honorable Court
dismiss the complaint for declaratory judgment.
Respectfully submitted,
Anthony Ad s, Esquire
Attorney for intiffs
49 W. Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532-3270
SUBSTITUTE VERIFICATION
I verify that the statements herein are made subject to the penalties of 18
Pa. C.S. Section 4904 relating to unsworn falsification to authority. I further
verify that the statements made in this answer are true and correct based upon
discussion with Lydell Sensenig who at the current time is in the Commonwealth
of Virginia and not able to timely verify this answer.
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KATHRYN E. HARTMAN
Plaintiff
V.
ROBERT C. LAUGHMAN
LYDELL SENSENSIG
M & T BANK
Defendants
To the Prothonotary:
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY,
:PENNSYLVANIA
:CIVIL DOCKET NO. 07-5696 CIVIL TERM
:JUDGE
:IN EQUITY
PRAECIPE
n!.nsfc[f
Please r#viue the complaint in the above captioned action.
Q?.
' Barbara B. Town nd
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KATHRYN E. HARTMAN
PLAINTIFF
V.
ROBERT C. LAUGHMAN
LYDELL SENSENSIG
M & T BANK
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DOCKET NO. 07-5696 CIVIL TERM
JUDGE
DEFENDANTS : IN EQUITY
ACCEPTANCE OF SERVICE
NOW, thi? day of 1Aj0k_dMLej1'2007, I, Mark F. Bayley, attorney for the
Robert C. Laughman, Defendant above, hereby accept service of a true and attested copies
of the Complaint in an action for Declaratcry Judgment and, Praecipe to index as Lis
Pendens filed in the above cause pursuant to Pa. R.C.P. 1920.4(3) and verify that I am
authorized to do so on behalf of the Defendant.
Attorney for Defendant, Robert C.
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CD,
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-05696 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HARTMAN KATHRYN E
VS
LAUGHMAN ROBERT C ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
M & T BANK
to wit:
but was unable to locate Them
deputized the sheriff of BUCKS
in his bailiwick. He therefore
serve the within COMPLAINT & NOTTCR
County, Pennsylvania, to
On October 23rd , 2007 , this office was in receipt of the
attached return from BUCKS
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Bucks County 48.00
Postage 1.33
86.33 t/
10/23/2007
BARBARA TOWNSEND
Sworn and subscribe to before me
this day of
So answer
. Thomas ne
Sheriff of Cumberland County
l116Jlb 7
A. D.
-'In The Court of Common Pleas Oft . umberland County, Pennsylvania
Kathryn E. Hartman
vs.
Robert C. Laughman et al
SERVE: M&T Bank
Now, October 8, 2007
hereby deputize the Sheriff of Bucks
No. 07-5696 civil
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
County to execute this Writ, this
deputation being made at the request and risk of tl? Plaintiff.
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now,
within
20 , at o'clock M. served the
upon
at
by handing to
a
and made known to
copy of the original
So answers,
Sheriff of
Sworn and subscribed before
me this day of 20
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
the contents thereof.
County, PA
S""1 2 0
DATr: 1011712007
rja 45:30
A7MIEtISTii??IAA I?LIt?a'V6 ,..
OCYLESTOUNt PA 18501
3Ur:KS MISC C13CKET # 2007 32252 LOCATICk: ELT CF C UhTI! CLASS: .ASSUMPSIT
#***# S"ERIFF03 RETVRN CF "sEsivrcE
SHERIFFS OFFICE
CUMBERLAN'C COUNTY
1 CCURTHOUSE SQUARE
CARLISLE FA 17013
ATTV 8AR80RA B TOWNSEN09EESQ
PLAINTIFF CFFE1\0ANT
HARTEMAN KATHRYN E VS. N & T 3 ANN
444 OXFCRE 'VALLE.Y RC STE 30C
LANGHCRNF, !FA IS047
09282007 COMPLAINT - CIVIL ACTIGN RECEIVED Ff,CM CUMBERLAND CO SkERIfFS CEPT RAG
10122007 RECEIVED IN SHERIFFS CFFIiCE FCR SERVICE:- TRANSACTION A-I7-1-14E83 RAG
AMCUNT P AID x48.00•
10162007 SHERIFF* RETURN, UNDER OATisq W FCljKC BY CFFUIY iG [ZZI AT 1000AM RAG
DEFT M K T FAR% NOT SEiRYEC.OEP h EEECS BITTER ADERESS• GROUP 99 INC 1S
LOCATED AT 7HIS ADDRESS. RAG
10172007 INVOICE pAILEC TO CUMIBERLAtn CC SHERIFFS DEP7 4TTOBAREAR E TOIINSLrEC RAG
.ESQ TRAWSACIION #07-1-14883
:IN C OF CASE:
BUC OC
Bucks County Case # 200732252
Invoice to be mailed to
CUMBERLAND Coun Sheriffs Office
Attn:
BARBARA B TOWNS END ES
Special Instructions
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Notes •" '
Wilt
SHERIFF'S RETURN
I of 1
Filed 9 /28/2007 in CUMBERLAND COUNTY
Bucks Case # 200732252 Recd 10112/2007
Special Instructions
Action Civil Action COMPLAINT- DECLARATORY JUDGE k X
Plaintiff KATHRYN E HARTMAN
- VS -
Defendant M & T BANK
444 OXFORD VALLEY RD STE 300
LANGHORNE PA 19047
------------
Address Served if Different
Served under Pa. R.C.P. #402
-? -B pstin2
(A) (i) Defendant personally served
(A) (2) (i) Family Member
(A) (2) (i) Adult in Charge of Residence
(A) (2) (ii) Manager/Clerk at Deft's Lodging
(A) (2) (iii) Person in Charge of Business
By Handling to
The above document was
information listed above i
Pennsylvania
So answers: Zi
Prothontary
Affinned and subscribed before me on th
1146
1001
on the defendant as per
icks_Commonwealth of
Notary Public
My Com. Exp.
10/12/07
30 Days Ran Out D 'fendant Not Home
Defendant Moved ddress Vacant
Defendant Unknown ]]j Deputy needs better address
Checked Post Office No Forwarding
Forwarding Address ,
KATHRYN E. HARTMAN JN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COCNT'Y,
V. :PENNSYLVANIA
ROBERT C. LAUGHMAN :CIVIL DOCKET NO. 07-5696 CIVIL TERM
LYDELL SENSENIG :JUDGE
M&TBANK
Defendants JN EQUITY
PROOF OF SERVICE
I hereby certify that I am this day serving a true and correct copy of Reply to New
Matter upon the persons and in the manner indicated below which service satisfies the
requirements of Pa.R.A.P. 121:
Service by first class mail addressed as follows:
M&T
Mortgage Division
55 S Main Street
Chambersburg PA 17201
Dated: December 6, 2007 Townsend Law Office
By
rbara B. Townsend, Esquire
I.D.# 23174
32 West Queen Street
Chambersburg, PA 17201
Attorney for Kathryn E. Hartman
co -,
-tea -iJ
PQ
KATHRYN E. HARTMAN :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY,
V. :PENNSYLVANIA
ROBERT C. LAUGHMAN :CIVIL DOCKET NO. 07-5696 CIVIL 'TERM
LYDELL SENSENIG :JUDGE
M & T BANK
Defendants :IN EQUITY
PROOF OF SERVICE
I hereby certify that I am this day serving a true and correct copy of Reply to New
Matter upon the persons and in the manner indicated below which service satisfies the
requirements of Pa.R.A.P. 121:
Service by first class mail addressed as follows:
Mark Bayley
57 W. Pomfret Street
Carlisle, PA 17013
H. Anthony Adams, Esquire
49 West Orange Street, Suite 3
Shippensburg, PA 17257
Dated: November 14, 2007
Townsend Law Office
B
arbara B. Townsend, Esquire
I.D.# 23174
32 West Queen Street
Chambersburg, PA 17201
Attorney for Kathryn E. Hartman
rs Si
?.y
KATHRYN E. HARTMAN
Plaintiff
V.
ROBERT C. LAUGHMAN
LYDELL SENSENSIG
M&T BANK
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DOCKET NO: 07-5696
CIVIL TERM
IN EQUITY
ANSWER BY DEFENDANT ROBERT C. LAUGHMAN
AND NOW, comes Robert C. Laughman, by and through his attorney, Mark F.
Bayley, Esquire, and responds to Plaintiffs Complaint in an Action for Declaratory
Judgment as follows:
1. Denied.
2. Admitted.
3. Admitted.
4. Admitted.
5. Paragraph 5 refers to a document which speaks for itself. No response
required.
6. Admitted in part and denied in part. It is admitted that Bertie Laughman
had 14 children. The remaining portion of paragraph 6 is legal conclusion and/or refers to
a document which speaks for itself; in both cases no response is required.
7. Denied. By way of further answer, Defendant is in no position to say to
what extent the alleged alias was used; strict proof at trial is hereby demanded.
8. Denied. Strict proof at trial is hereby demanded.
9. Admitted.
10. Admitted.
11. Admitted.
12. Denied. Defendant is in no position to know whether Bertie Laughman
was represented as averred; strict proof at trial is hereby demanded.
13. Paragraph 13 refers to a document which speaks for itself; no response is
required.
14. Paragraph 14 refers to a document which speaks for itself; no response is
required.
15. Admitted in part and denied in part. It is admitted that Sensensig cut
timber; it is denied that it was after May 2, 2006 whereas Defendant is not in position to
know the precise times the cutting took place.
16. Denied.
17. Admitted.
18. It is admitted that Kathy was "assisting" Mr. Laughman with some of his
"daily needs" since the death of her mother; Defendant is in no position to know what
documents Kathy reviewed.
19. Admitted in part and denied in part. It is admitted that Kathy took
Laughman to his attorney's office to complete the sale of the Home Place; it is denied that
this took place in September of 2006; Defendant believes it was on an earlier date.
20. Denied. By way of further answer Defendant does not remember these
precise details of the attempted settlement; strict proof at trial is hereby demanded.
21. Admitted in part and denied in part. It is admitted that Kathy did not
approve of the sale of the Home Place; it is denied that Defendant "demanded" her to sign
anything.
22. Paragraph 22 refers to a document which speaks for itself, no response is
necessary.
23. Admitted.
24. Denied. Defendant is in no position to know when Kathy obtained this
information.
25. Admitted.
26. Admitted. By way of further answer, this is only one of the reasons
Defendant believes her owns the Home Place.
27. Admitted.
28. Admitted.
29. Admitted.
30. Admitted.
31. Admitted.
WHEREFORE, Defendant requests the Court to declare Defendant as the lawful
owner of said property.
q - I ? - C) ?-
Respectfully submitted,
BAYLEY & MANGAN
Mark F. Bayley, Esquire
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court I.D.#87663
Attorney for Robert Laughman
KATHRYN E. HARTMAN IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
CIVIL DOCKET NO: 07-5696
ROBERT C. LAUGHMAN CIVIL TERM
LYDELL SENSENSIG
M&T BANK IN EQUITY
Defendants
VERIFICATION
Mark F. Bayley, Esquire, states that he is the attorney for Robert Laughman in
this action; that he makes this affidavit as attorney because he has sufficient knowledge
or information and belief, based upon his investigation of the matters averred or denied in
the foregoing document; and that this statement is made subject to the penalties of 18 Pa.
C.S. Pa. C.S. §4904, relating to unsworn falsification to authorities.
Date: .- O Z5
C Mark F. Bayley, E quire
KATHRYN E. HARTMAN IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
CIVIL DOCKET NO: 07-5696
ROBERT C. LAUGHMAN CIVIL TERM
LYDELL SENSENSIG
M&T BANK IN EQUITY
Defendants
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, attorney for Defendant do hereby certify that I this
day served a copy of the foregoing document upon the following by depositing same in
the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Barbara B. Townsend, Esq.
32 W. Queen Street
Chambersburg, PA 17201
H. Anthony Adams
49 W. Orange Street, Suite 3
Shippensburg, PA 17257
M&T Bank
444 Oxford Valley Road, Suite 300
Longhorne, PA 19047
Dated: q / 1 0
? /A--- -
Mark F. Bayley, Es ire
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KATHERYN E. HARTMAN
Plaintiff CIVIL DOCKET 07-5696
V.
CIVIL TERM
ROBERT C. LAUGHMAN, LYDELL
SENSENSIG and M&T BANK, IN EQUITY
Defendants
NOTICE TO PLEAD
TO: Plaintiff
You are hereby notified to file a written response to the enclosed new matter
within twenty (20) days from service hereof or a judgment may be entered against you.
Respectfully submitted,
STEVENS & LEE, P
Dated: May 28, 2008
Mark D. Bradshaw, Esquire
Attorney I.D. No. 61975
17 North Second Street, 16`h Floor
Harrisburg, PA 17101
(717) 255-7357
(717) 234-1099 (fax)
mdb@stevenslee.com
Counsel to M&T Bank
1
S L 1 814840v 1 /000000.00000
r
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
V.
KATHERYN E. HARTMAN
Plaintiff CIVIL DOCKET 07-5696
: CIVIL TERM
Defendants
IN EQUITY
DEFENDANT M&T BANK'S ANSWER TO
PLAINTIFF'S COMPLAINT WITH NEW MATTER
And now comes Defendant, M&T Bank, by and through its counsel, Stevens &
ROBERT C. LAUGHMAN, LYDELL
SENSENSIG and M&T BANK,
Lee, and makes the following Answer to Plaintiff's Complaint, stating in support thereof as
follows:
32. Denied. Following reasonable investigation, Defendant M&T Bank lacks
information sufficient to form a believe as to the truth of these averments.
33. Admitted upon information and belief.
34. Denied. Following reasonable investigation, Defendant M&T Bank lacks
information sufficient to form a believe as to the truth of these averments.
35. Admitted.
36. - 29. Denied. Following reasonable investigation, Defendant M&T Bank
lacks information sufficient to form a believe as to the truth of these averments.
30. - 31. Admitted upon information and belief.
S L 1 8148400/000000.0000o
/000000.00000
2
.OF
WHEREFORE, Defendant M&T Bank demands judgment in its favor and against
Plaintiff, and requests a declaration that its mortgage is valid and continues as an encumbrance
and lien against the referenced real estate.
NEW MATTER
32. M&T Bank loaned money to Robert Laughman in good faith and based upon
his representation that he was the owner of the referenced property.
33. An appropriate title search by M&T Bank at the Office of the Cumberland
County Recorder of Deeds reflected that Robert Laughman is, at present, the owner of the
referenced property.
WHEREFORE, Defendant M&T Bank demands judgment in its favor and against
Plaintiff and requests a declaration that its mortgage is valid and continues as an encumbrance
and lien against the referenced real estate.
Respectfully submitted,
STEVENS & LEE, P.C.
Dated: May 28, 2008 V\4
Mark D. Bradshaw, Esquire
Attorney I.D. No. 61975
17 North Second Street, l 6t' Floor
Harrisburg, PA 17101
(717) 255-7357
(717) 234-1099 (fax)
mdb@stevenslee.com
Counsel to M&T Bank
SLl 8148400/000000.00000 3
OV
VERIFICATION
I, Christopher M. Zeis, Assistant Vice President of M&T Bank, hereby verify that
the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my
knowledge, information and belief This Verification is made subject to the penalties of 18 Pa.
C.S.A. §4904, relating to unsworn falsification to authorities.
Dated:
SLl 814840v1/000000.00000
{ rM M f P '.. ' 4 R?S)._
N u
1, MARK D. BRADSHAW, ESQUIRE, certify that on this date, I served a
certified true and correct copy of the foregoing Answer to Complaint with New Matta Upon the
following counsel of record, by depositing the same in the United States mail, postage prepaid,
addressed as follows:
Barbara B. Townsend, Esquire
Townsend Law Office
32 West Queen Street
Chambersburg, Pennsylvania 17201-2121
Mark F. Bailey, Esquire
57 Pomfret Street
Carlisle, PA 17013
H. Anthony Adams, Esquire
49 West Orange Street
Suite 3
Shippensburg, PA 17257
Date: May A 2008
-a
SLl 814840x1/000000.00000
KATHRYN E. HARTMAN :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. :CIVIL DOCKET NO. 07-5696 CIVIL TERM
ROBERT C. LAUGHMAN
LYDELL SENSENIG :JUDGE
M & T BANK
Defendants :IN EQUITY
REPLY TO NEW MATTER
32. Denied. Plaintiff is without sufficient information to form a belief as to the truth of the
averment.
33. Denied. To the contrary, an appropriate and careful search of the records in the Office of
Recorder of Deeds in and for Cumberland County clearly reveals that Plaintiff is the named joint
tenant with right of survivorship with the deceased, Bertie Laughman.
WHEREFORE, Plaintiff requests judgment against Defendant, M&T Bank.
1
-
44
v
KATHRYN E. HARTMAN
Plaintiff
V.
ROBERT C. LAUGHMAN
LYDELL SENSENIG
?M & T BANK
Defendants
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND C ?UNTY, PENNSYLVANIA
:CIVIL DOCKET N" ). 07-5696 CIVIL TERM
:JU7GE
:IN EQUITY
ACCEPTANCE, OF SERVICE
NOIN', this 20 day of December, 2007, I, Mask D. BraYdthaw; Esquire, c.- Stcven= and Lce,
A.P.C., attorney for the M&T Bank, Defendant above, hereby accept service of the t w and
attested copies of the Complaint in an action for Declaratory Judgment and Praecipe to Index
.as Lis Pendens filed in the above cause pursuant to Pa. R,C.P. 1920.4(3) and verify that I am
authorized to do so on behalf of the Defendant.
Attorney for Defendant
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KATHRYN E. HARTMAN :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY,
V. :PENNSYLVANIA
ROBERT C. LAUGHMAN :CIVIL DOCKET NO. 07-5696 CIVIL TERM
LYDELL SENSENIG :JUDGE
M & T BANK
Defendants :IN EQUITY
PROOF OF SERVICE
I hereby certify that I am this day serving a true and correct copy of Reply to New
Matter filed June 1, 2008 upon the persons and in the manner indicated below which service
satisfies the requirements of Pa.R.A.P. 121:
Service by first class mail addressed as follows:
Robert C. Laughman
c/o Mark Bayley
57 W. Pomfret Street
Carlisle, PA 17013
M&T Bank
c/o Mark Bradshaw
17 North 2nd Street # 16
Harrisburg, PA 17101
Lydell Sensenig
c/o H. Anthony Adams, Esquire
49 West Orange Street, Suite 3
Shippensburg, PA 17257
Dated: June 12, 2008 Townsend.Law Office
By
B. Town;g6nd, Esquire
:D.# 23174
32 West Queen Street
Chambersburg, PA 17201
Attorney for Kathryn E. Hartman
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Townsend Law Office
$444" 9. ?e W40 d
32 West Queen Street
Chambersburg PA 17201
717) 267-3244 Fax: (717)267-0813
KATHRYN E. HARTMAN :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY,
V. :PENNSYLVANIA
ROBERT C. LAUGHMAN :CIVIL DOCKET NO. 07-5696 CIVIL TERM
LYDELL SENSENIG :JUDGE
M &T BANK
Defendants :IN EQUITY
PLAINTIFF REQUESTS FOR ADMISSIONS AND
ACCOMPANYING INTERROGATORY TO DEFENDANT LAUGHMAN
Pursuant to Pa. R.C.P. No. 4014, plaintiff Kathryn E. Hartman, by her
undersigned attorney, Barbara B. Townsend, Esq., hereby requests that defendant
Robert C. Laughman make the following admissions within thirty days after service, for
the purposes of this action only and subject to all pertinent objections as to relevancy
which may be interposed at the trial of this case. In addition, pursuant to Pa.R.C.P. No.
4005, plaintiff hereby requests that defendant answer under oath the following
interrogatory. Responses to these requests and interrogatory are to be served within
thirty days after service upon plaintiff's attorney.
INSTRUCTIONS
1. These requests for admissions and accompanying interrogatory are directed
to the defendant Robert C. Laughman, his employees, agents, servants, assigns,
representatives, past and present, and unless privilege is claimed, each and every
attorney, past and present, of each and every such individual or entity. As used herein,
"defendant", "you" and "your" means the defendant to which these requests for
admissions and accompanying interrogatory are addressed, his employees, agents,
servants, assigns, representatives, past and present, and each and every attorney, past
and present, of each and every such individual or entity.
2. These requests for admissions and accompanying interrogatory encompass all
information, documents and records that are in the possession or could be in the
possession, control, or custody of defendant.
3. If any objections are made to any request for admission or to the
accompanying interrogatory, the reasons therefor shall be stated.
4. If there is any claim of privilege relating to any request to admit, or
interrogatory, you shall set forth fully the basis for the claim of privilege, including the
facts upon which you rely to support the claim of privilege in sufficient detail to permit
the court to rule on the propriety of the privilege.
5. If your response to any request is not an unqualified admission, your answer
shall specifically deny the matter or set forth in detail the reasons why you cannot
truthfully admit or deny the matter.
6. A denial shall fairly meet the substance of the requested admission, and when
good faith requires that you qualify your answer or deny only a part of the matter of
which an admission is requested, you should specify so much of it as is true and qualify
or deny the remainder.
7. You may not give lack of information or knowledge as a reason for failure to
admit or deny, unless you state that you have made reasonable inquiry and that the
information known to you or readily obtainable by you is insufficient to enable you to
admit or deny.
8. These requests for admission and interrogatory are continuous in nature and
must be supplemented promptly if defendant obtains or learns further or different
information between the date of the response and the time of trial by which defendant
knows that a previous response was incorrect when made, or though correct when
made, is then no longer true.
9. Unless otherwise indicated, the time period to which these requests for
admission and interrogatory are directed is from on or about December 13, 1961
through the present.
10. This request seeks the admission of the genuineness of various documents.
In some cases, there are printed number and letter codes that run along the bottom of
particular documents. In other cases, the word "evidence" and other identification
marks may be affixed to the documents. Such numbers, letters and identifying words
were affixed during the accumulation and copying of the documents for this case and
are not to be considered part of the document itself, except for purposes of referencing
the document. The request does not seek defendant's admission regarding the
accuracy and genuineness of those numbers and letters, but only of the document on
which those numbers and letters have been placed.
DEFINITIONS
1. All verbs are intended to include all tenses.
2. References to the singular are intended to include the plural and vice versa.
3. "Any" as well as "all" shall be construed to mean "each and every".
4. "And" as well as "or" shall be construed disjunctively as well as conjunctively, as
necessary, in order to bring within the scope of these requests all information that
might otherwise be construed to be outside their scope.
5. "Refer to" or "relate to" means constituting, defining, describing, discussing,
involving, concerning, containing, embodying, reflecting, identifying, stating, analyzing,
mentioning, responding to, referring to, dealing with, commenting upon, or in any way
pertaining to the identified.
REQUEST FOR ADMISSIONS
A. Each of the following documents, attached as exhibits to this request for admissions
and marked as Plaintiff' Exhibits P-1 through P is a true and correct copy of the
original documents and is admitted as being genuine and authentic:
P-1 Cumberland County Sheriff's deed to Abram N. Seavers, dated May 6, 1932
and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania on May 24, 1932 in Sheriffs Deed Book 2 page 1933.
P-2 Deed from Abram N. Seavers, joined by E. May Seavers, his wife, conveying
tract 5 of P-1 to Bertie Laughman and Catherine [sic] Laughman, mother and daughter,
as joint tenants with right of survivorship dated April 12, 1963, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book K,
Volume 23, page 70 on September 26, 1969.
P-3 Correctory Quit Claim Deed from Abram N. Seavers, with no additional
consideration, to Bertie Laughman et al., dated May 11, 1972, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book P,
Volume 24, page 1026 on May 19, 1972.
P-4 Realty Transfer Tax Affidavit of Value of an agent for Grantor Abram N.
Seavers, that said P-3 was not for consideration, but to correct P-2, which affidavit of
the agent of Abram N. Seavers is recorded in the Office of the Recorder of Deeds for
Cumberland County, Pennsylvania in Deed Book P, Volume 24, page 1028 on May 19,
1972.
P-5 A birth certificate for Plaintiff, Kathryn E. Hartman, formerly Kathryn E.
Laughman, dated December 15, 2005, but showing that she was born on December 13,
1961 and the record of her birth was filed ten days later on December 23, 1961.
P-6 Deed from Robert C. Laughman and Bertie L. Laughman as tenants by
entireties to Robert C. Laughman and Bertie L. Laughman as tenants by entireties and
LeRoy Allen as Trustee, as joint tenants with right of survivorship, for no consideration,
dated April 20, 1990 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Deed Book N, Volume 34, page 308 on April 23,
1990.
P-7 Deed from LeRoy Allen, as Trustee, and Robert C. Laughman and Bertie L.
Laughman, tenants-by-entireties, as joint tenants with right of survivorship to Robert C.
Laughman and Bertie L. Laughman, as tenants-by entireties dated October 30, 1991
and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book ], Volume 35, page 305 on October 31, 1991.
P-8 Mortgage dated March 27, 2007 from Robert C. Laughman to Manufactures
and Traders Trust Company and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania in Mortgage Book 1987 page 4961.
P-9 Death certificate for Bertie L. Laughman, giving her date of death as May
21, 2005.
P-10 General Power of Attorney naming Robert C. Laughman attorney-in-fact for
Bertie L. Laughman, executed on January 13, 1997.
P-11 Last Will and Testament of Robert C. Laughman dated April 28, 2006, with
attached funeral instructions.
P-12 Answer of Defendant Robert C. Laughman to a complaint filed by
Defendant Lydell Sensenig, containing NEW MATTER, docketed to No. 2006 -05494 in
the Office of the Prothonotary for Cumberland County.
B. Each of the following statements is true:
1. Bertie L. Laughman was the biological mother of the following children in order of
birth:
a. Robert Eugene Metzger
b. Donna Lee Laughman
c. Sara Louise Laughman
d. Barbara Irene Laughman
e. Nina Fay Laughman
f. Linda Susan Laughman
g. Charles Todd Laughman
h. Thelma Jo Laughman
i. Kathryn Elainie Laughman
j. Harry Daniel Laughman
k. Matthew James Laughman
1. Mark Allen Laughman
2. Kathryn Elainie Laughman, now by marriage Kathryn E. Hartman, is the only child
born to Bertie L. Laughman, nee Atwood, who bears the name Kathryn and is the same
child as Catherine Laughman.
3. Kathryn E. Hartman was about 15 months old when Bertie Laughman, her mother,
purchased real property and placed Kathryn's name on the real estate.
4. There is no court order divesting Catherine or Kathryn Laughman from any portion
of ownership of the real estate located in Southampton Township, Cumberland County,
at 255 Walnutdale Road, Shippensburg, PA 17257 from April 12, 1963, being the real
estate owned, in part, by Bertie Laughman to present.
5. The real estate at 255 Walnutdale Road, Southampton Township, Shippensburg,
Cumberland County, PA 17257, is the real estate described in deeds P-1 through P-3
and P-6 through P-7, hereinafter Home Place.
6. Robert C. Laughman's mother's name was Kathryn Vanalizan Laughman.
7. Originally Bertie named her daughter Catherine, but Robert requested and prevailed
that, when the birth certificate was filed, that the spelling of the child's name was
changed to Kathryn in honor of his mother.
8. Aside from the deeds attached above, there are no other deeds related to the real
estate located in Southampton Township, Cumberland County, executed by Bertie C.
Laughman or her agent or anyone acting on her behalf or recorded in Cumberland
County Court House after the Sheriff's Deed in P-1, describing the Home Place or
conveying any interest to anyone.
9. There is no deed or instrument or agreement related to the Home Place, executed
by Kathryn E. Hartman, Catherine Laughman, Kathryn E. Laughman, or any agent,
guardian, Trustee, Guardian ad litem or anyone acting on behalf of Kathryn E. Hartman,
nee Laughman or Catherine Laughman or recorded in Cumberland County Court House
in any office, describing or divesting Kathryn E. Hartman, Catherine Laughman, or
Kathryn E. Laughman, of any interest of any kind in the Home Place.
10. On or about September 20, 2006, Defendant Lydell Sensenig sued defendant
Robert C. Laughman in Cumberland County, Pennsylvania for damages and specific
performance to force Robert C. Laughman to convey all of the real property located at
the Home Place to Defendant Sensenig pursuant to some alleged contracts, called by
Defendant Sensenig as Letter of Intent and the Conditional Agreement, as will more
fully appear of record at No. 2006 -05494 in the Office of the Prothonotary in and for
Cumberland County, Pennsylvania.
11. On or about December 18, 2006, in New Matter to his answer to Defendant
Sensenig, Defendant Robert C. Laughman verified that he had no legal interest in any
real estate located in the Home Place located in Southampton Township, Cumberland
County, Pennsylvania, also known as 255 Walnutdale Road, Shippensburg, PA 17257,
said verified statement being part of the law suit.
12. The Answer containing New Matter was filed by Robert Laughman's attorney,
Eileen Finucane, Esq., on or about December 19, 2006 and would have been notice to
any party searching the deed to the Home Place in the spring of 2007.
13. In March, 2007, Defendant Robert C. Laughman held out to Defendant
Manufacturers and Traders Trust Company, herein M & T Bank, that he had legal title to
the Home Place so that he could use the Home Place for collateral for a loan.
14. Defendant M & T Bank, knew or should have known that Robert C. Laughman did
not have a legal interest in the Home Place.
15. Bertie Laughman did not and does not have any interest in real property in
Cumberland County, PA other than the Home Place.
16. Defendant Robert C. Laughman originally told Defendant Lydell Sensenig that he
owned the Home Place after Bertie died.
17. Defendant Sensenig told Robert C. Laughman that there was a problem with the
title.
18. Defendant Robert C. Laughman located the original deed to the Home Place from
the Seavers to Bertie Laughman.
19. Defendant Robert C. Laughman presented the deed represented by P-2 to Kathryn
E. Hartman in the fall of 2006 at the office of Mark Bayley and asked her how she liked
her name on a deed.
20. Defendant Robert C. Laughman has no basis to dispute that the real estate
described in P-2 is the same as the real estate described in P-3.
21. As to each document identified as Exhibits P-1 through P-4 and P-6 through P-7 in
the foregoing requests, the document is a public record for purposes of admission into
evidence.
22. As to each document identified as Exhibits P-1 through P-4 and P-6 through P-8 in
the foregoing requests, no other document, including but not limited to deed,
promissory note, mortgage, agreement of sale, home equity loan, court award, court
order or any other legal instrument, exists of any nature which conveys an interest to
another parry or divests the interest of Kathryn E. Hartman, including the interests of a
mortgagee, if any, in the Home Place.
INTERROGATORY
1. Plaintiff hereby requests that for each request for admission set forth above which
you deny, in whole or in part, state:
a. All facts, information and matters, including relevant dates, times and places,
upon which your denial is based;
b. Any statutory, regulatory provision(s) or other legal basis upon which your
denial is based;
c. The identity by name, address, telephone or cell phone number, and
employment title of all persons with information or matters upon which your
denial is based;
d. A summary of the information or knowledge possessed by each such person;
and
e. The identity and description of all documents that refer or relate to the facts,
information and matters upon which your denial is based.
r 6 ???
Barbara B. Tow end, Esq.
Attorney for Plaintiff,
S.Ct.# 23174
32 West Queen Street
Chambersburg, PA 17201-2121
(717)267-3244
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF )
Robert Laughman, being duly sworn according to law, deposes and says that he is the Defendant
in the above matter, and that the answers set forth to the foregoing Interrogatories are true and
correct, partly upon personal knowledge and the remainder upon information and belief.
Robert Laughman
Sworn to and subscribed before me
this day of 12009.
Notary Public
•
Townsend Law Office
&+ <V4 91 ?"WA-ad
32 West Queen Street
Chambersburg PA 17201
(717) 267-3244 Fax: (717)267-0813
KATHRYN E. HARTMAN :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY,
V. :PENNSYLVANIA
ROBERT C. LAUGHMAN :CIVIL DOCKET NO. 07-5696 CIVIL TERM
LYDELL SENSENIG :JUDGE
M &T BANK
Defendants :IN EQUITY
PLAINTIFF'S EXHIBITS
P-1 - P-12
P-1 Cumberland County Sheriff's deed to Abram N. Seavers, dated May 6, 1932
and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania on May 24, 1932 in Sheriffs Deed Book 2 page 1933.
P-2 Deed from Abram N. Seavers, joined by E. May Seavers, his wife, conveying
tract 5 of P-1 to Bertie Laughman and Catherine [sic] Laughman, mother and daughter,
as joint tenants with right of survivorship dated April 12, 1963, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book K,
Volume 23, page 70 on September 26, 1969.
P-3 Correctory Quit Claim Deed from Abram N. Seavers, with no additional
consideration, to Bertie Laughman et al., dated May 11, 1972, and recorded in the
Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book P,
Volume 24, page 1026 on May 19, 1972.
P-4 Realty Transfer Tax Affidavit of Value of an agent for Grantor Abram N.
Seavers, that said P-3 was not for consideration, but to correct P-2, which affidavit of
the agent of Abram N. Seavers is recorded in the Office of the Recorder of Deeds for
Cumberland County, Pennsylvania in Deed Book P, Volume 24, page 1028 on May 19,
1972.
P-5 A birth certificate for Plaintiff, Kathryn E. Hartman, formerly Kathryn E.
Laughman, dated December 15, 2005, but showing that she was born on December 13,
1961 and the record of her birth was filed ten days later on December 23, 1961.
P-6 Deed from Robert C. Laughman and Bertie L. Laughman as tenants by
entireties to Robert C. Laughman and Bertie L. Laughman as tenants by entireties and
LeRoy Allen as Trustee, as joint tenants with right of survivorship, for no consideration,
dated April 20, 1990 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Deed Book N, Volume 34, page 308 on April 23,
1990.
P-7 Deed from LeRoy Allen, as Trustee, and Robert C. Laughman and Bertie L.
Laughman, tenants-by-entireties, as joint tenants with right of survivorship to Robert C.
Laughman and Bertie L. Laughman, as tenants-by entireties dated October 30, 1991
and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book J, Volume 35, page 305 on October 31, 1991.
P-8 Mortgage dated March 27, 2007 from Robert C. Laughman to Manufactures
and Traders Trust Company and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania in Mortgage Book 1987 page 4961.
P-9 Death certificate for Bertie L. Laughman, giving her date of death as May
21, 2005.
P-10 General Power of Attorney naming Robert C. Laughman attorney-in-fact for
Bertie L. Laughman, executed on January 13, 1997.
P-11 Last Will and Testament of Robert C. Laughman dated April 28, 2006, with
attached funeral instructions.
P-12 Answer of Defendant Robert C. Laughman to a complaint filed by
Defendant Lydell Sensenig, containing NEW MATTER, docketed to No. 2006 -05494 in
the Office of the Prothonotary for Cumberland County.
p-1
i
NO. 958
Sheriff's Deed
BERTIE"°MXS ET At
TO Know all Men by these Presents,
ABRAM N. SSAVSRS
j CONS. $200.00 .
LOC. TOWNSHIP OF SOT!MAM TON
DATED MAY 6. 1932. That I . pa y .._.___.__...... ...... __.ALGHSIae?v of the . 0-1y 0
ENTERED MAY 24, 1932
Cumberlaaed in Wee swe of Pennsylvania, for and in consideration j
dollars
of the sum of T:eo_8.undfnd__doll.ass...()20St..QC.)__._...._.......t_......._....--__ ,
.
?e_..
tome in hand paid, do hareby grant and convey to ms. ......
bMS CROSSROADS, CUMBERLAND COUNTY, h'ENNSYLVANIA.
TRACT 10. 1
ALL .thet_oerLain_mas.SUe®e and tract. cf. land_AItusia.in_the Town3hip__of-.8outhampton__,
County of Cumberland, and State of Pennsylvania, bounded and described,as follows, to wits ?.
BEGINNING at a point in Public goad at oornsr of lands of John Holm, thence abomg lands
_ . _.!
of said John Heim-south 76.degrees 25_min._West 79.8 perches to a point;_..thenoe alcas.Same
degrees west 25.9 perches to a point; thence
ws Heirs north 7a
K
F
4
,
.
arro
and lands of James
south 76 dograes_6..min....wsat 48.9_psrobsitto.e_point;-thence along lands of William. H., Line
south 19 degrees oast 44.7 parches to a point; thence south 461 degrees east 20 psrohes to a
point; thence south 35 degreas_.west-25.6.-perobos-to a polnt;.Lbsnco.South _35_degrees east
9.75 perches to a point. theme along lands of Heirs a5dRonry goals. NOrtH 334 east 19.6
! perches to_pdnt; bheooe-ao:}h 61q_4Woty oast 17.4 peroboa to a -p0iUt;_tbonoe- 3onth 86__. ..
f degrees east 39,7 perches to a point; thence south 4 degrees most 3.4 perches to a point;
dsgross_sast 8 perches to. point;. thence, north 8Q__dogrees east 7.perchss to
84g
i thsnoe south
i
-
_
oint at Public Road; thence north 65j degrees sasb a, porches to a point; thence south uj .
a
p
degrees east- A..6_parohes-to_p01nt_Iv4P-ublio RoadL-tihoncs_in4aLd Pub]Sn Road ncry dsgeea}.__.. i
east 39.2 perches to p6lat; thsnoe north 94 degrees east 50.5 perches to a pd t, the place
of Beginning.. _.
CONTAINING fifty-one.(.51) Gores and one hundred fifty-four (154) perches more or less.
BEING the same_.py9elsss.whloh Jacob Beavers by.bis.4sed.dated-Maroh-20,.-1907-and.record-
ed in. the Recorder. of Deeds Otfice in and for Cumberland County. In Deed BOokk*D' vol. 7.
Page 59. conveyed to Jennie Uborta Thomas (some times known as Bartle Thomas) -
SAID PR0h9ATYHAVING LOCATED THRREON a two story frame' dwelling house, grams bank barn ! ? .
and nece.ssary_.outbuildlags.-__,_____
TRACT NO. 2 - BRING.a,tract of land situated in Southampton Townabip, County and State i
of ogsaid; _ ..- - - - _ .._ ..:..: _ _ .__ . --_ ._.
CONTAINING twenty seven (27) safes and one hundred and one (101) perches and described j
a 3 toll cues: _ .. _ . _- . •--- __.. _ ?.
BEGINNING ate stake on the West Side of the Public goad leading from Leesburg to the
=
`-
'
-s
Dyarman
Hoirs.-
South Mountain;:thenoe.alon:g..lands. formerly. of.Jo3oph-Ralling and. Samuel
north thirty-tbrse and three-fourths (33}) degrees east forty-three and eight-tenths (43.8) f
porches to &.pine stuipi_thence by--the-latter. south sixty-me and three-f-ourths- (61j)- degrees
east seventeen and fdv&-tenths (17,5) porches to a stake- thence by the sass south eighty-
.six (86) degrees sast.thirty-adne_;and three--tenths (39..3j pamhes.to-a.-stake; -thence_by the
?
Public Scbs01 lot south sight (8) Negroes $' :pat fifteen and one-tontb (15.1) perches; thence ?.
south eighty-one and one-half (Gib) degrees east three (3) perches to a-point. in the Public ! !'
Road; thence along said road south nineteen and one-half (19•x) degrees west thirteen and
nine-tenths (13.9).._psmhes to a stump; thence 'by the same south-sight (8) dwoov.06-' west-
!!! fifty-five and nine-tenths (55.9) perches to a point in said Road; thsnoe by the same south
forty-six and one-half (" )-degFees.west_sixtean-and-ong-tenth (18.1)-psrohes-to-a point
S
i
th
nc
t
th
th M
t
l
l
di
L
i
f I
e a
ou
a
n;
e
ong !
rom
eesburg
o
e
oun
d Road
ea
ng
! on the east side of the sa
f the east side of said road aorth-eightgaa_118) degrees west twenty-threa_aud three-fourths {
S (23j) porches to a'stake; thecae along the same north twenty-nine and one-half (2918) degrees !
west fifteen ad.eight tenthis-.(15.8)_perohes to.a_stake-.on-the.east .alde-of'.Said-Road;-thence j
along the 3,me-north forty.nine (49) degrees west fifty-four and eight-tenths (54.8) perches
i to a .place of beginning
BEING the same land which was formerly of henry Reese and which boo am* vested by divers j
deeds and conveyancas_Sn.Ber_tia_2homas_and.JOSSah S.-ThaAS._-hereiabefore. named i
SEIZED and takes, in execution and to be sold as the property of Bartle. Thomas also
known as Alberta 4homas-mad__JoRlah S. Thomas- Admr.
A
T
TR
,hat'aer_tain_tract _of_mountain Land 91Luats-_Sn,.ths Township- ofSouthpmpton::bounded
t
ALL
and described it follows- to.dt,:-
BEGINNING lAt...a_.stow-on-0`0-`P.ublie.Road:-leading_ to Shipponsburg; :thenoo._by the said `
degrees west twenty-four and tbree-fourths (24j) perches to, stones;
119)
north nineteen
!
,
.
thence by land-Jnow_or..formerly _if_Jaeob Bomborger_ south fifty-three (53) _dsgro.e9.west_eighty I
(80) perches to ytones; thsnoe by oche r lands south fdurteen (14) degre.as east forty-two
and one-half- (421)-degrees.,aas6..oigUY.7ta,L0t_(88) porches to. the place, of__bgginning. j'
CONTAINING fifteen (15) acres and eighty-two (82) petohesp more or less.
the_sams_tPACt..At ?POUat_Aial?ad whioh_the.Farmers Trust _Company. tru3tss under
BEING
_
the will of Fisk Goodyear. deceased, by its deed dated July 12, 1927, conveyed to
Bertha Thomas..
.
TRACT NO. =4
I ALL.thelol]owing._delcrlbe _L s_ats_-Of-P.6raei of land situated in_ S..gAb44Son,TcwnShip,
1
County of Cumberland. and State of Pennsylvgrja. bounded and de gfibed as foil 1:
j%QR6Seand three (3) perches.. Ds z,dng aL e
land oont¢lning four
a
of
t
t
-
_.
_
r
o
BEING .a.
2-I h.
I
1
post at corner. of.Tract.(A) described above.*thenoe by.satd,tract north.saventy-sight (781
degrees west forty-six (46) perches to a post, tbenoe yy land of GVorge A. Clever north forty-y
} four (44)-degrees east- twenty-six(26) perohes,...thonoe-by-land-of George-Walters south fifty-
six (56) degrees east twenty-six and twenty-five hundredths (26.25);perobes to a post; tbonee i
by-lwnd-of-William--Al Yen south seventeen and"five-tsrths {17.5) degrease-east-sixteen (16)
parches to the place of Beginning.
-- --BBIHG-the-ssme-two-tract s-of-land-whieb-Hewitt-Russel-at-al.-conveyed to bards Thomas,
heraiabefore named. by deed dated 12th do of December, 1908.
__-- ..____-_.__._ -
-..'.TRACT NO-,*
} ALL that certain tract of land situated to the Township of Southampton. County of Cumberland
i and.State _.ot-P-eansylvanis...bounded and limited_a3-follows,- o wit:__-__
BRGIN57NG at a post in the center of a Public Road leading from Cleversburg to ffol&s
{) Sawmill.--.tbenoe_south-twenty-four .(24)._dsgre.es_sast.2orEy-two._(42)-perches to .a post; thenoe
j north fifty-nine (59) Degrees west twenty-Viz (28)rerches to a post near a large chestnut
tree; tbenee-southwest-twelve-(12) perobes-to aline-of-land-of-Sarah--Lynch aad.Waltas Lynch;
f thence by slid line westward to said Public Road siAtoa (16)Aerohas, thence along said Road
northward one-and-.onsOhalt parches--to-tbr-Plaos-of-Ssginning.-___
1. COFTAI" ;rt0e (5) sores, more or less,
BS;HG-the-.fame=trot-of--land-which-tiaorge H -Clever-and wits by the2r deed dated the 313t
day of December. 1900 ttonvsyed to Josiah Thaw's and Berne Thomas. his wife.
j ALL the above 6 tracts-Of sand SBIZBD and taken in ezeeuEioa and to'be sold as the property
of_8ertie Thamss? Liometimes known as-Jeanie H,_Thomas. Jafut A Thamas...de_Jenaie_ Alberta
I Tboma3) and Jolish S, Thus I
f
f the same having been sold by me to the said Puxtee--, on the_._._gh dad/ Of Y.4y...... _ ........ .Rnno ?
Domini one thousand nine hundred and..-_thlrty_ wa____after due advertisement according to Z.., t
under and by virtue of a Writ ._._.-.9t1?S!]Ci?AClas __.. locoed on the-14Lh___.___
day out of the Court of
Common' Pleas of said County as of--.,_-- may --- --- -Term one thousand nine
hundred and_'thir: yVtgo Number _......... 57 ... _.._._.at as suet of TluL2e.ople3•-Fatlanal- I
- Bank-cf-Shipyenaburg.__Pa. - -- ---
Jto
againstBerile-Thomas. also known as.Jeanis.Alberts-Thrmat,__.----_._: _
_ _;and_,Losidh_S,.
.
j 1n,Wltceoa,Whereof, I have hereunto a&ed my atgnature, tjus ..-6th _.__ day of __.__may_...... _..._ ...:_ j
II Rnno Domi" nineteen hundred and.__th rty_two_
_LL9L A;i,_Nj dgl
High Sheriff at Cumberland Counti'T1f
Commonwealth.of Pennsylvania, ar
Beforo .tl+? undersigned, Prothonot¢ry of the Court of Common Pleas of
--
Cumerr;and -County, personally appeared.._..___41oy4_Aa...._DwXof Cumberland
?tt County aforesaid, and in due form, of law declared that the facts set forth, in the foregoing deed are
I true, and that he acknowledged the same in order that said m be recorded. `
Witness my hand and the seal of said Court this . ? .. 1lthday of mBY . ............._ ..............
F.a S i
.3nno Domini nineteen hundred and thirty two boiotar
F. 0 Seidel
. ._ ........... .............
-
"'? ........ - Prothonotary,
Recorded on the..._._._.__24 ......... .................:..__.................day of........_..._....... ?_May ................... .............. .3. D. 19,32..:.
I hereby certify that the residence and post office of within grantee is Lees Cross ROadS
Cumberland County, penne. oe„ m v,-?...,-
P-2
"2. a
r DEED. No. 760.
i Printed for and Sold by John C. Clark Co., 1150 S. Penn Square, Phila.
his jR.,frAf MADE this dayof
12th
April in the year nineteen hundred and sixty-three,
Ai$f1UMt ABRAM N. SEAVERS and E. MAY SEAVERS, his wife, of Lees Cross Roads,
Southampton Township, Cumberland County, Pennsylvania, Parties of
the first Part,
(hereinafter called the Grantors),
and BERTIE LAUGHMAN and CATHERINE LAUGHMAN, mother and daughter, as
joint tenants with right of survivorship and not as tenants in
common., of Southampton Township, Cumberland County, Pennsylvania,
parties of the second part,
(hereinafter called the Grantee s),
tf1tP'kPf, That inconsideration of TWO HUNDRED ($200,00) -----------------
----------------------------- Dollars,
in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby
grant and convey to the said Grantees, their heirs and assigns,
ALL that certain tract of land situate in Southampton Township, Cumberland County,
Pennsylvania, bounded and limited as follows, to wit:
i
BEGINNING at a post in the center of a Public Road leading from Cleversburg to
Helm's Sawmill; thence South twenty-four (24) degrees East forty-two (42) perches to
a post; thence North fifty-nine (59) eVV??rees West twenty-six (26) peaches to a post I
near a large chestnut tree; thence S`fiiwest twelve (12) perches to a line of land
now or formerly of Parah Lynch and William Lynch; thence by said line lVest0ard to
said Public Road sixteen (16) perches; thence along said Road Northward one and one- j
half (1-1/2) perches to the place pf BEGINNING,
e r
,,,4, ING Tract N04,4M101ok a.eh?.?oyd A. Bender by deed dated the 6th day of May, 432ge"qdr? ,
recorded ce of the Recorder of Deed.% in and for Grumberland County, Penn-
sylvania, Volume 2, Page 193, granted and conveyed to Abram N. Seavers,
ohe of theiGrantor? herein Pas by reference thereto will appear.
Excluding from the land hereby described the following tract:
! ALL that certain tract of land conveyed by the Grantors herein to David R. Leedy and
Hilda E. Leedy, his 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,
iri Deed Book " Z ", Volume 13 , Page 468
I
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SC?'iEl0? ISL. (?.,UA'!sD. Yl?i:s Yc5
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Cumb. Cc. Dlrf. Col. Aq}, tti....
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BOOK I 23PAGE A
AnZI the said Grantors do hereby covenant and agree to and with the said Grantees that
the Grantor s , their heirs, executors and administrators, SHALL and WILL
GENERALLY ------------------------------- WARRANT and forever DEFEND the herein above
described premises, with the hereditaments and appurtenances, unto the said Grantee S,
their heirs and assigns, against the said Grantors and against every other person lawfully
claiming or who shall hereafter claim the same or any part thereof.
In Witness Ifterrnf, said Grantor s have hereunto set their hand and seals
the day and year first above written.
r
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fealeb anb Alleltaexeil / 2....j
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IN THE PRESENCE OF .
..................?......._........:L::z .,...'..........:: 7 .................._............._ SEAL
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...... _............... ..1?:. ::..............
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_ ............................. ............................ ._........ ................. _._..... ............................
. _.:._. a .. .,..:"€... _ .................... ...:. .._.:..:.: „.:...::.„:_ ...:..:. .: .C1
State of PENNSYLVANIA
aa.
County of CUMBERLAND
On the 12th day of April , 1963. , before me
A Notary Public in and for said State and County,
the undersigned officer, personally appeared Abram N. Seavers and E. May Seavers, his wife,
known to me (or satisfactorily proven) to be the persons whose names are subscribed to the 1
within instrument, and acknowledged that t he y executed the same for the
purposes therein contained, and desired the sam.- might be recorded as such-
In Witness Whereof, I hereunto set my hand and official seal.
The address of the within-named Grantee
?. 4 F?{7z fit:! 73 c (ti ` ?L
. 0 r1 ... ......... .................................
On behalf, 01e Grantee
h r,?
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SbippErts',?tl'e.of?c+tan u'??,)i?g`'r??.x.; '< r, .
t:
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S?'ATL'< 9R AEIVIVSYL YANIA, -
Courtly of .«..... .4 4...... p.. _. EE.
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on this.......... r.. !. _._..._.......... day of..:`? f..?.?-
A. 1). 19 /V the Recorder's 0071 of the 'said County, in
Deed Book...... . ... ......... rot ....,,? fE//. /_ .............. Page ?.....
(Siurn under my hand and the seal of the said office, the date. "
above written.
....... F ,g .. 4.... .................................................,.
j Recorder
i
p-.3
THIS INDENTURE made this (,1'-A day of May, 1972,
BETWEEN ABRAM.N. SEAVERS, widower and single man, oU R. D. 2.'
Shippensburg, Pennsylvania, hereinafter called the Grantor,
AND.,ROBERT C. LAUGHMAN and BERTIE L. LAUGHMAN,?his wife, of„
R. D. 2, Shippensburg, Pennsylvania, hereinafter called the '
Grantees,
WITNESSETH that the said Grantor, for and in'consideratioa of
lthe sum o£ ONE ($1.00) DOLLAR,. to him well and truly paid by the said Grantees,.
at and before the sealing and delivery of these presents, the receipt whereof
is•hereby acknowledged, has remised, released and quitclaimed, and by these
presents does remise, release and quitclaim unto the said Grantees, their heirs
and assigns forever, ALL.his right, title and interest in and to:
ALL that certain tract of land with improvements erected thereon, situate in
Southampton Township, Cumberland County,, Pennsylvania, bounded and limited as
follows:
BEGINNING at a spike set in the center line of Township Road 323 and corner of
land of Dean Mixell; thence by'land of Dean Mixell, South' 21 degrees East
153.3 feet to an iron pin; thence by land of the Commonwealth of Pennsylvania,
being. Michaux State Forest, South 20 degrees 48 minutes 45 seconds East 703.58
feet to an existing iron pin and land of Joseph P. Hazzard; thence by land of
Joseph P. Hazzard, North 89 degrees 34 minutes 30 seconds West 429 feet to an
iron pin; thence by land of Robert C. Ott,.North 31 degrees 21 minutes 10
seconds West 210.25 feet to an iron pin in existing stone pile;. thence by the
same North 67 degrees 39 minutes 50 seconds West 252 feet to a spike in the
center line of the said Township Route 323; thence by-the said Township Route
the following courses and distances: North 28 degrees OO minutes 10 seconds
East 224.2 feet to a spike, North 41 degrees.12 minutes 40 seconds East 303.07
feet to a spike, and North 59 degrees 12 minutes East 188.15 feet.to a spike,
the place of BEGINNING. CONTAINING 7.735 Acres, according to a survey of
William A. Brindle Associateu, made Aprtil 19-20, 1972.
UING,iract No. 5 which Lloyd A. Bundur by doud dated t'hu 6th. day of May,. 1932,
and recorded in the Office of the Recorder of Doeds in and for Cumberland
County, Pennsylvania, in Sheriff's Deed Book Volume 2, Page 193, granted and
conveyed to Abram N. Seavers, Grantor herein.
TOGETHER with all and singular, the tenements, hereditaments,
and appurtenances thereunto belonging, or In-any wise appertaining, and the
reversions, remainders, rent, issues and profits thereof. And also, all the
estate, right, title, interest. property, claim and demand whatsoever, as well
t: w P24mr t .Q^r'
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FOR RECORDE 'S USE ONLY
REALTY TRANSFER TAX
Z4
BDDX NUMBER •
- COMMONWEALTH OF PENNSYLVANIA
?' G
DEPARTMENT
" AFFIDAVIT OF VALUE PAGE NUMBER
ION
R
OF CO
T
O
E
BU
EAU
UN
Y C
CT
S
LL
DATE RECORDED ? /9 I77?_ -
COMPLETE APPLICABLE SECTIONS IN FULL AND FILE IN DUPLICATE WITH RECORDER OF DEEDS WHEN (1) THE -
FULL CONSIDERATION IS NOT SET FORTH IN THE DEED, (2) THE TRANSFER IS WITHOUT CONSIDERATION OR A GIFT,
OR (3) A TAX EXEMPTION IS CLAIMED. (REFER SECT: f, RTT ACT OF DEC. 27, 1951, P. L. 1142 AS AMENDED)
- --- +•
SECTION ?
(COMPLETE FOR ALL TRANSACTIONS)
Abram N. Seavers, widower and
single man R. D. 2, Shippensburg, Pa.
I QR AN TOR IS$ ADDRESS -
Robert C. Lau hman and Bertie L.
v
ifn R. D.'2, Shippensburg, Pa.
t.aughman his
GRANTEE (5I ADDRESS .
LOCATION OF LAND, TENEMENTS AND HEREDITAMENT& -
Southampton Township, Cumberland County, Pennsylvania
R.D.• STREET S NUMBER OR OTHER DESCRIPTION NAk{E OI LOCAL GOVERNMENTAL UNIT COUNTY '-
fULL CONSIDERATIONS None HIGHEST ASSESSED VALUE $
FAIR MARKET VALUE S REALTY TRANSFER TAX PAID f -
TAX EXEMPT TRANSACTION& IF TRANSFER 15 PARTIALLY OR WHOLLY EXEMPT, SHOW AMOUNT EXEMPT,
REASON (S) AND CITE PORTION OF LAW. NO consideration Oassed since this was 8 corrective deed,
_ ro?reqrlng the ri r riaorl Frnm Abram N SPA ram, P n co Bert ie La?ghman and Catherine: -
jang man, dared A rip 17,_ 1263, and recorded in Deed U-1, 'IV,, Volume 23, Paae 70.
IF THIS 15 A TRANSFER FROM A STRAW, AGENT OR TRUST AGREEMENT, COMPLETE THE REVERSE SIDE.
SECTION 11
. (COMPLETE ONLY If PROPERTY WAS SUBJECT TO LIEN OR MORTGAGE AT THE TIME of TRANSFER)
EXISTING MORTGAGEI f - DISPOSITION -
MORTGAGEE ADDRE.. f
EXISTING MORTGAGEz S DISPOSITION'
{i?
- MORTGAGEE ADDRESS
+t
EXISTING LIEN OR OBLIGATION, $ DISPOSITION -
LIENNOLD A
ADDRESS
EXISTING LIEN OR OBLIGATION: $ -DISPOSITION'
-
t
LIENHOLOER ADORCSS
SECTION !11 I
(COMPLETE ONLY IF TRANSFER IS RESULT OF JUDICIAL SALE)
OFFICIAL CONDUCTING SALE
NAME ADORESS TITLE
SUCCESSFUL BIDDER
-' NAME ADDRESS, TITLE .
JUDGEMENT PLUS
PRIOR LIENS 810 PRICE HIGHEST ASSESSED
VALUE
HIGHEST ASSESSED VALUE
JUDGEM NT PLUS INTEREST
1.9 !
S
: • .
$ ,
BID PRICE
PRIOR RECORDED
PRIOR ftECORDED.MORTGAGE
PRIOR RECORDED MORTGAGE
UNPAID REAL ESTATE TAXES
WATER RENT DUE
'S
t
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S f).W ....}i,t'S-•h;r. yr. x?
?:?•'-?Y7?Cp. }I'L,«a'"?W t ;{:?tt_
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."l..r,'T?",jS •?} ;ljzy7.
SEWAGE RENT DUE
-
ATTORNEY FEES f - S'.
OTHER (COSTS, ETC.), $
TOTAL f t S
NOTEI CALCULATIONS MUST BE SHOWN IN ALL COLUMNS.
ALL OF THE INFORMATION ENTERED;. \. '
- -
%;I{D SUBSCRIBE
D BEFORE ME THIS
: '0* 61 J"A ON BOTH SIDES Of THIS AFFIDAVIT 15
E
72
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f TRUE, FULL AND COMPLETE TO THE
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MY K
TION AND BELNE FLEDGE, INFORMA• -
ti
sae.
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? ', AMY CO?iMiy1•fJp•'EXPIRES TIL1y 27 19 74
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• ?`,,???? ..? ? GRANTEE O AGENT FOR GRANTEE
600K P24Pncd028 []GRANTOR CM AGENT FOR GRANTOR -
0ITRAW 0 TRUSTEE .
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13214993
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THIS DEED
MADE'the c26 day of or' in the year of,our Lord one thousand
nine hundred ninety (1990).:
BETWEEN
ROBERT C. LAUGHMAN and'BERTIE L. LAUGHMAN. husband and wife. of
Southampton Township, Cumberland County. Pennsylvania, GRANTORS
AND
ROBERT .C.'.LAUGHMAN.and BERTIE L. LAUGHMAN, husband and wife. and
LEROY ALLEN, as trustee for Sara Louise Laughman and Donna Lee Laughman, as
joint tenants with right of survivorship and not as tenants in common, of
Southampton Township, Cumberland County, Pennsylvania. GRANTEES
WITNESSETH, that in consideration of One ($1.00) Dollar, in hand paid,
the receipt ;,whereof is hereby acknowledged, the said Grantors do hereby grant
and convey to the said Grantees,
ALL that certain tract of land with improvements erected thereon, situate
in Southampton Township. Cumberland County, Pennsylvania, bounded.and limited
AS fOllowso
BEGINNING at a spike set .in the center line of Township Road 323 and
corner of land of Dean Mixell; thence by land of Dean Mixell, South 21 degrees
East 153.3 feet to an iron pin; thence by land of the Commonwealth of
Pennsylvania, being Michaux State Forest, South 20 degrees 48 minutes, 45
seconds East 703.58 feet to an existing iron pin and lend of Joseph P.
Hazzard; thence by land of Joseph P. Hazzard, North 89 degrees 34 minutes 30
seconds West 429 feet to an iron pin; thence by land of Robert C. Ott, North
31 degrees 21 minutes 10 seconds West 210.25 feet to an iron pin in existing.
stone pile; thence by the same North 67 degrees 39 minutes 50 seconds West 252
feet to a spike in the center line of the said Township Route 323; thence by
the said Township Route the following courses and distances: North 28 degrees
OO minutes 10 seconds East 224.2 feet to a spike, North 41 degrees .12 minutes
40 seconds East 303.07 feet to a spike, and North 59 degrees 12 minutes East
188.15 feet to a spike, the place of BEGINNING. CONTAINING 7.735 Acres,
according to a survey of William A. Brindle Associates, made April 19-20,
1972.
BEING the same property which Abram N. Seavers, widower and single man,
by deed dated May 11, 1972, and recorded in the Cumberland County Recorder of
Deeds Office in Deed Book "P", Volume 24, Page 1026, granted and conveyed to
Robert C. Laughman and Bertie'L. Laughman, husband and wife, grantors herein.
THIS conveyance is as between parents and children, and is therefore
transfer tax exempt.
eooK?34 rase 308
n
x '
a
5.
AND the said Grantors covenant-and agree that they will warrant specially'
the property hereby conveyed.
1
IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals
the day and year first s+bovs written.
Signed, sealed and'dalivered
in the presence of:
(SEAL).
A D.. J Ro art C.' Laughma
T CC u.Y Ll . n( /CcL{(.fv2 tt (SEAL)
Bertie L. Laughma
r,
COMMONWEALTH OF PENNSYLVANIA;
: SS
COUNTY OF,CUMBERLAND
On this, the C;?( day of fiAt/? , 1990, before me, the
undersigned officer, personally appeared Robert C. Laughman and Bertie L.
Laughman, known tome (or satisfactorily proven) to be the persons whose names.'
are subscribed to the within instrument, and acknowledged that.they executed.
,**& for the• purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
O?
NpiAR{AL SEAL L
%
sf EPA UL
A AL REED, Nofery Publlo n/
burs Twp.. Cumberland Co„ P Jbv t: mission Expires pea 13 1993a. Notary Public
aa`?
I do hereby certify that the precise residanc ea?nd Rplete oat ?
office address of the within named Grantees ism r, t
?o
t? c rn
, C,
cz? 0I In
Dates j ??JA^ ?
Altorne
or CJ
tif
COMMONWEALTH OF PENNSYLVANIA; -
: SS
COUNTY OF CUMBERLAND co
RECORDED on' this day of , . D. , 1990, she
Recorder's Office of the said County, in Dead Book Volum
Page. Given under my hand and the seal of the s id office, the date
above written.
i ,.. ? _ ? ?w+?s.o:.? ?•:"? .aS as .; ?': `:
Recorder
, , .
34 PAGE 309
i
A N0
P.-.j
THIS DEED
MADE the 3 O day of October, in the year of our Lord one
thousand nine hundred ninety-one (1991).
BETWEEN
ROBERT C. LAUCHMAN and BERTIE L. LAUGHMAN, husband and wife, and LEROY
ALLEN, as trustee for Sara Louise Loughman and Donna Lee Loughman, as joint
tenants with right of survivorship and not as tenants in common. of
Southampton Township. Cumberland County, Pennsylvania, GRANTORS
AND
i=
G.
0
c•.
iii
ROBERT C. LAUGHMAN and BERTIE L. LAUGHMAN, husband and wife, of
Southampton Township, Cumberland County, Pennsylvania, GRANTEES
WITNESSETH, that in consideration of One ($1.00) Dollar, in hand paid,
the receipt whereof is hereby acknowledged, the said Grantors do hereby grant
and convey to the said Grantees,
Southampdon Twp, Cumberland County, Pennsylvania,
BEGINNINC at a spike set in the center line of Township Road 323 and
corner of land of Dean Mixell; thence by land of Dean Mixell, South 21
degrees East 153.3 feet to an iron pin; thence by land of the
Commonwealth of Pennsylvania, being Michoux State Forest, South 20
degrees.48 minutes 45 seconds East 703.58 feet to an existing iron pin
and land of Joseph P. Hazzard; thence by land of Joseph P. Hazzard,
North 89 degrees 34 minutes 30 seconds West 429 feet to an iron pin;
thence by land of Robert C. Ott, North 31 degrees 21 minutes 10
. econds West 210.25 feet to an iron pin in existing stone pile; thence
by,the same. North .67 degrees 39 minutes 50 seconds. West 252 feet to a
z '_1pike in the center line of the said Township Route 323; thence by the
f_3aid Township Route the following courses and distances: North 28
" t1degrees DO minutes 10 seconds Best 224.2 feet to a spike, North 41
_4egrees 12 minutes 40 seconds East 303.07 feet to a spike, and North
J c39 degrees 12 minutes East 188.15 feet to a spike, the place of
to r-•BECINNING. CONTAINING 7.735 Acres, according to a survey of William
rc?. Brindle Associates, made April 19-20., 1972.
°*ING the same property which Robert C. Loughman and Bertie L.
Loughman, husband and wife, by deed dated April 20, 1990, and recorded
in Cumberland County Deed Book "N", Volume 34, Page 308, granted and
conveyed to Robert G. Loughman and Bertie L. Loughman, husband and
wife, and Leroy Allen, Trustee. Grantors herein.
THIS conveyance is as between parents and children and is therefore
ransfer tax exempt.
AND the said Grantors covenant and agree that they will warrant generally
the property hereby conveyed.
Fdd 1355 PACE 305
IN WITNESS WHEREOF, said Grantors have hereunto set their hands and
seals the day and year first above written.
Signed, sealed and delivered
in the presence of:
COMMONWEALTH OF PENNSYLVANIA:
: SS
COUNTY OF CUMBERLAND
R, e. / , ?, /:!,
(SEAL)
bert C. Lau man
;,5" '+: ??.t1.?J1.i•.ztitnJ (SEAL)
Bertid L: Laughm
(SEAL)
Leroy en, iru4WA Ivy Se/P. L. L"a(•.ru..._
On this, the 30 day of October, 1991, before me, the undersigned
undersigned officer, personally appeared Robert C. Loughman and Bertie L.
Loughman, husband and wife and Leroy Allen, known to me (or satisfactorily
proven) to be the persons whose names are subscribed to the within
instrument, and acknowledged that they executed some for the purposes••tbprein
contained. Pd' ebb:'
IN WITNESS WHEREOF, I hereunto set my hand and officiala.ti?i7:Y
A f?3:}
y P
I do hereby certify that the precise residence and complete post office
address of the within named Grantees is: P D, /??Ix tS 1 Y Q ??
Date: V q 1 J,a
Attorne for Si[t,
bbo U 35 PACE 306
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ap1Wp. iarP..r'arl i'zuu; ?/(?.`?, .. ..C•, ?%'., .
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MumfuAurers & Tsadas Trust Con4my
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Pa "I ID #. 39-7 65-106
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P?OSERT P. 71EGLER
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RBI No .20070731436270 Do& s Nhuvb 27, 2007
Barroww l's Nuo Robert C Laubman
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Owner 21i Naata Be* L Iaepbman
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SIGNATURE ACKNOVLEDGBIMT
COMMO1 ALTR OF P1i aiSYLVANM )
COUNTY .OY cum )
on fhis,?r,??- day of ?, 207. bdo me, a NOMY POW6 2* wodotag d
#ha
oflkw, spp wR kobWt C Iiaihpm iisMit rL .b ma to we (a u ddoww pt9m) to"
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same for tlfp pueposes durein+xatsiaM&
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I Certify this to be recorded.
In Cumberland County pA
Recorder of Deeds
BK 1987PG4968
p-9
-s is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance
with Act'66, P.L. 304, approved by the General Assembly, June 29, 1953.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
2
Calvin B. Johnson, M.D., M.P.H.
Secretary of Health
4064743
No.
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Frank Yeropoli
State Registrar
APR 16 2007
Date
COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS 055873
CERTIFICATE OF DEATH.
NAME OF DECEDENT (FUN, Mddl.• La.q - SO( SOCIAL SECURITY NUMBER DATE OF DEATH (Bawl. O.y, Y"4
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ACNE M1M BEBMM . DATE OF BERTH BRTHP(ACE lDM DEATH .
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A n AND NUMBER
Z? DATE FRED (Noah, t)aY, Y
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31
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P-10
A
General Power of Attorney
('.commonwealth of Pennsylvania >
)
County of CUMBERLAND )
1:, BEFNIE L. LAUGHMAN , do hereby appoint °
ROBERT C. LAUGHMAN
as my Anent, to act in my name and plz?c•e, .rid for my benefit
and o!7 my buhalF with authority to do the following:
1. Open, maintain or close bank accounts (including, but
not limited to checking accounts, savings accounts,
and certificates of desposit), brokerage accounts, and
other similar accounts with financial institutions.
a. Conduct any business with any banking of financial
institution with respect to any of ty accounts,
including but not limited to, making deposits and
withdrawals, obtaining bank statements, passbooks,
warrants, and certificates or vouchers payable to
me by any person, firm, corporation or political
entity.
b. Perform any act necessary to deposit, negotiate,
sell, or transfer any note, bond, security, or
draft of the United States of America, including
U.S. Treasury Securities.
C. Have access to any safety deposit box 'that I might
own, including its cpn ents._
Sell, exchange, buy, invest, or reinvest any assets or, property
owned by me.
Take any and all legal steps necessary to collect any amount or
debt owed to me, or to settle any claim, whether made against
me or asserted on my behalf against any other person or entity.
+. Enter into binding contracts on my behalf.
5.. Sell, convey, lease, mortgage, manage, insure, improve, repair,
or perform any other act with repect to any of my property (now
owned or later acquired), including but not limited to, real
estate rights (including the right to remove tenants and to
-recover T)ossession).
Page -. 2
6. Prepare, sign, and file documents with any governmental
body or agency, including but not limited to, authorization to:
a. Prepare, sign and file income tax returns with federal,
state, local, and other governmental bodies.
b. Obtain information or other documents from any
government or its agencies, any negotiate, compromise,
or settle any matter with such government or agency.
c. Prepare applications, provide information, and perform
any other acts reasonably requested by any government
or, its agencies in connection with governmental
benefits.
7. This Power of Attorney is intended to be a general
power of attorney. The listing of specific powers
is not intended to limit or restrict the general powers
granted in this Power of Attorney in any manner.
I hereby grant to the above Agent full right, power and
authority to do every act, deed, and thing necessary or
advisable to be done concerning the above powers, as fully
as I could do if personally present and acting.
If any provisions or part of this Power of Attorney shall
be held to be invalid or unenforceable for any reason, the
remaining provisions shall continue to be valid and
enforceable to the greatest extent possible.
This Power of Attorney shall become effective immediately,
shall not be affected by my disability or lack of mental
competence, and shall continue effective until my death;
provided, however, that this Power" may be revoked by me at
any time by providing written notice to the Agent.
BE RT I E 1- L_AUGHMAN(
Sworn and subscribed to before me on 01/13/1997.
f) a
1,4otary Public
NOTARY SEAL
DEBORAH WARREN, Notary Public
Shippensburg; Cumberland County, PA
My Commission Expires Nov. 8, 1997
P-11
Last Will 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.
EXR
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 income shall
':TN
be paid and distributed in equal shares to my son, Charles Laughman,
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 WHEREOF I have hereu o set my hand and seal to this, my Last
Will and Testament, thisy Of , 2006.
Q (SEAL)
Robert C. Laughma
Signed, sealed, published and declared by the above-named Testator, Robert C.
Laughman, 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 affiaW4 to and ackno ledged before me by, Robert C. Laughman,
the Testator, this2g" day of '2006.
-Aez?-° SEAL)
Robert C. Laugh an, Testator
Sworn or affirmed to and subscribed to before me by ./•, ?.E.
and Ad +&A, ?A•??LE?,, , witnesses, this day of Atogi 2006.
ti(,;jTAl'tf/1i
+ s*??F?C?L.C}..'s? IW'W(?w. it#: ?VCJ f ?. ?ll.ls°,`, ?!
ota Public
COMMONWEALTH OF PENNSYLVANIA )
. SS.
COUNTY OF CUMBERLAND 1
We, C?/C? ?JA Y%4 and [A-46A- &",- (04/ , the
witnesses wh a names are singed to the attached or foregoing inst 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.
Sworn or affirmed to and subscribed to before me by r
and witnesses, this d of ?AP?Z ,
,
2006-
{
?Witness , Witness
a
Notary Public
r' ,aft
The following information is for guidance at the time of my death. It is intended to assist those
handling my personal affairs. l have expressed my preferences on certain subjects which,
unless changed by unexpected circumstances, I hereby desire and request.
1. 1 wish my services to be held at NO SERVICES OR VIEWING
2. 1 would prefer as clergyman N/A
3. I request the following music N/A
4. My funeral director. is Fogel-ganger-Br icker Funeral Home. Inc
5. 1 have viewed caskets and would prefer NONE-URN PRO VTDRD BY CREMATORY
6. Outer enclosure desired NIA
7. Clothing preferred N/A
8. f desire my funeral expenses to total approximately $ 1,340.00
9. 1 prefer: ? Burial ? Entombment l7 Cremation (Direct)
Cemetery .N/A
Grave No.
10. My exe ut /e?xecut
11. Special instructions
GIVE CREMAINS TO EXECUTOR
* Price Good till 12/31/2000
WITNESSES:
Signed:
Print Name Robert C. Laughman
Date Signed Marsh 9. 2000
:f
- Lot Section Block
VITAL STATISTICAL AND BIOGRAPHICAL RECORD
Full Name Mr Robert C. Laup:hman P.O. Box 284
Address 25.5 Walnutdale Road (Southampton Township)
City & State Shippensburg PA 17257 Phone 532-8463
Marital Status Married Spouse Bertie Lou Atwood Laughman
Birthplace Penn Two, Cumberland Qt .,PA Birthdate April 15. 1927
Father's Name Harry Laughman His Birthplace
Mother's Maiden Name Kathryn Vanalizan Laughman Her Birthplace
Length of Residence Here Coming From
Usual Occupation Truck Driver Employer Walter Bros Trucking (40 ears`
Social Security Number 202-20-6074 Veteran Yes US Army WW2
Religion
Clubs, Organizations, etc.
Church
Remarks Fd ir•at i not 9th
PERSONS TO BE NOTIFIED:
Relationship:
Name:
Address:
Form P F-76 P E A C H T R E E 1-800-241-4623
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A
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
PENNSYLVANIA - CUMBERLAND COUNTY BRANCH
Lydell Sensenig Civil Action-Law
Plaintiff
VS. No. A. D. 2006-05494
Robert Laughman
Defendant Judge
NOTICE TO PLEAD
To: Lydell Sensenig
c/o H. Anthony Adams, Esq.
49 W. Orange Street, Suite 3
Shippensburg, PA 17257
You are hereby notified to file a written response to the enclosed Answer
with New Matter To First Amended Complaint within twenty (20) days
from service hereof or a judgment may be entered against you.
Dater I/ /.? k 4
Eileen C. Finucane, Esq.
Finucane Law Office LLP
273 Lincoln Way East
Chambersburg, PA 17201
(717) 264-4104
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
PENNSYLVANIA - CUMBERLAND COUNTY BRANCH
Lydell Sensenig
Plaintiff
Civil Action-Law
vs.
Robert Laughman
Defendant
No. A. D. 2006-05494
Judge
ANSWER WITH NEW MATTER TO FIRST AMENDED COMPLAINT
NOW, comes the Defendant, by and through his attorney, Eileen C. Finucane, and
in response to the allegations of Plaintiff's First Amended Complaint, avers as
follows:
1. Admitted.
2. Admitted.
3. Denied. The August 25, 2005 document attached to plaintiff's First
Amended Complaint as Exhibit A (the "Letter of Intent") does not
constitute an `agreement'. The Letter of Intent does not identify the
property to be conveyed, and expressly states defendant retained the right
to identify the property to be conveyed. The parties failed to reach
agreement regarding the identification of the property to be conveyed, and
therefore no binding `meeting of the minds' to transfer specifically
identified property was reached. Alternatively, if the Letter of Intent
constitutes an agreement, it contained express conditions precedent that
were never fulfilled, specifically: (a) an agreement between the parties as
to the identification of the property, and (b) an agreement between the
parties as to restrictive covenants and easements regarding the use of the
property to be conveyed (the "conditions precedent"). The conditions
precedent to defendant's obligation to convey the property to plaintiff were
never fulfilled, and defendant had no liability to perform under the Letter
of Intent.
4. Admitted. In further answer, the $2,000 was designated a non-refundable
deposit, and the Letter of Intent specifically provided plaintiff forfeited the
down payment if the conditions precedent were not fulfilled. Further,
defendant refunded the $2,000 down payment to plaintiff, which plaintiff
accepted, thereby releasing and terminating any contractual rights and
obligations, to the extent any rights and obligations are proven. t*h
:_*Y
5. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations
contained in Paragraph 5. Strict proof is therefore required at trial. In
further answer, any expenditures made by plaintiff were at plaintiff's sole
risk, as the Letter of Intent expressly states that if the parties failed to
reach agreement as to restrictive covenants and easements for the property,
plaintiff forfeited all monies expended in connection with the transaction:
6. Denied. The document attached to the First Amended Complaint as Exhibit
B (the "Conditional Agreement"), does not and could not constitute a
revision or amendment of the Letter of Intent. Plaintiff and defendant never
agreed to "revise their contract", as no contract existed, or if any
1 •
agreement is determined to have been formed, the agreement was
terminated, for the reasons set forth in Paragraphs 3 and 4 above, the
averments of which are incorporated herein. Further, no settlement
occurred by January 6, 2006, the deadline established in the Letter of
Intent, and therefore, any contractual rights and obligations terminated as
of said deadline. In addition, the Conditional Agreement does not
constitute a binding agreement, and is unenforceable. The Conditional
Agreement contained an express condition, that a life .estate be established
in favor of defendant "by separate agreement", which agreement was never
reached. In addition, the Conditional Agreement recites plaintiff tendered
the sum of $40,000 at the signing of the Conditional Agreement, which
sum was never tendered to defendant. Further, defendant refunded to
plaintiff the $2,000 referenced in the Conditional Agreement, which refund
was accepted by plaintiff. Therefore, no consideration existed in
connection with the transaction. Further, the property that is the subject
matter of the Conditional Agreement is identified by a street address only,
and does not specifically identify the land intended to be conveyed by the
Conditional Agreement, which renders the Conditional Agreement
unenforceable for violation of the statute of frauds.
7. Admitted in part and denied in part. It is admitted the parties attended a
meeting in connection with a proposed sale of the property. After
reasonable investigation, defendant is without knowledge or information
sufficient to admit or deny the allegations regarding the date of said
meeting. It is denied defendant refused to convey the property. To the
contrary, defendant was told by plaintiff's attorney at said meeting that
defendant did not own the property and therefore was legally unable to
convey title to the property.
8. Denied. It is denied defendant breached any agreement, and it is denied
defendant is entitled to any compensation. In further answer, defendant
incorporates herein the averments contained in Paragraphs 3-7 above, and
the averments contained in defendant's New Matter below. Alternatively,
in the event the court determines defendant breached any contractual
obligations, monetary damages constitute adequate compensation, and
equitable relief should not be granted.
9. Denied. The allegations contained in Paragraph 9 constitute legal
conclusions to which no answer is required as the Conditional Agreement
is a document that speaks for itself. In further answer, specific
performance is an equitable remedy, and is not appropriate, reasonable or
possible as defendant does not possess legal title to the property.
10. Denied. After reasonable investigation, defendant is without
knowledge or information sufficient to form a belief as to the truth of the
allegations contained in Paragraph 10. Strict proof is therefore required 'at
trial.
WHEREFORE, defendant respectfully requests the first amended complaint be
dismissed, and that defendant be awarded attorneys fees and costs of suit.
NEW MATTER
11. Defendant incorporates herein the averments contained in Paragraphs
1-10 above as if set forth at length.
12. Defendant did not possess legal title to the property at the time the
Letter of Intent and the Conditional Agreement were executed, and does
not possess legal title to the property at this time, and it is therefore legally
impossible for defendant to transfer title to the property.
13. Defendant executed the Letter of Intent and Conditional Agreement
in good faith and without legal representation, and did not know, and did
not have reason to know, he did not possess legal title to the property. In
contrast, plaintiff was represented by legal counsel, the scrivener of both
documents, and plaintiff knew or should have known in the exercise of due
diligence that defendant did not possess legal title to the property at any
time, and therefore plaintiff is not entitled to relief as he comes to court
with Unclean Hands.
14. The Letter of Intent was expressly subject to (a) the parties'
agreement upon the identification of the land to be conveyed, and (b) the
parties' agreement concerning easements and restrictive covenants to be
placed upon the property. No such agreements were reached, and
therefore, material conditions to enforcement of the agreement were never
fulfilled and defendant has no liability to perform the Letter of Intent.
•
% 15. The Letter of Intent violates the statute of frauds as the property was
not clearly identified and agreed upon by the parties in writing with
sufficient specificity to constitute an enforceable agreement.
16. The Conditional Agreement violates the statute of frauds as the
property was not clearly identified and agreed upon by the parties in
writing with sufficient specificity to constitute an enforceable agreement.
17. Defendant refunded the $2,000 down payment plaintiff tendered *at
time of execution of the Letter of Intent, which plaintiff accepted,
whereupon contractual rights, if any, were extinguished and released by
consent of the parties.
18. The Conditional Agreement substituted for and extinguished
contractual obligations, if any, that existed under the Letter of Intent.
19. The Conditional Agreement recites defendant received consideration
of $40,000 from plaintiff at time of execution of said Agreement, but
plaintiff failed to tender said consideration, and the Conditional Agreement
is unenforceable due to lack of consideration.
20. The Conditional Agreement recites defendant received consideration
in the sum of $40,000 from plaintiff at time of execution of said
Agreement, but plaintiff failed to tender said consideration, and the
Conditional Agreement is void and unenforceable due to plaintiff's failure
to perform a material condition of said Agreement.
44 •
21. The Conditional Agreement contains an express condition that a
separate agreement be reached between the parties concerning grant of a
life estate to defendant, which agreement was never reached and therefore,
defendant had no duty to perform said Agreement due to failure of a
condition precedent.
22. The documents upon which plaintiff relies for relief are illegal,
unenforceable and violate public policy as they constitute an illegal
attempt to transfer and convey property owned in fee simple by a third
party.
23. At the time of execution of the Letter of Intent and Conditional
Agreement, defendant believed in good faith he owned the property, and
was subsequently informed by plaintiff's attorney he does not own and did
not own the property, and therefore the documents are unenforceable on the
grounds of unilateral mistake.
24. At the time of execution of the Letter of Intent and Conditional
Agreement, both plaintiff and defendant believed the property was owned
by defendant, which belief was subsequently determined by plaintiff's
counsel to be incorrect, and therefore, any contractual obligations are
unenforceable on the grounds of mutual mistake.
25. Plaintiff failed to pursue enforcement of the Letter of Intent and the
Conditional Agreement with due diligence, to the detriment of defendant,
and is not entitled to relief due to defendant's laches.
a •
26. Plaintiff is estoppel from asserting any claims under the Letter of
Intent and/or Conditional Agreement, as plaintiff misled defendant by
failing to disclose to defendant that he did not possess legal title to the
property. Defendant reasonably relied upon plaintiff's representations, and
had no duty to inquire into the truth of plaintiff's representations.
27. The Letter of Intent and Conditional Agreement are unenforceable
and the court should not grant plaintiff relief on the grounds of defendant's
diminished capacity and lack of representation at the time of execution of
the documents.
28. Plaintiff should not be granted equitable relief as the purchase price
offered for the property is grossly inadequate, and specific performance
would be contrary to justice and equity.
29. Plaintiff should not be granted equitable relief as the property was
never specifically identified, conditions precedent were not fulfilled, and
specific performance would be contrary to justice and equity.
30. Plaintiff cannot be granted equitable relief in the form of specific
performance as defendant does not own or possess legal title to the
property, and did not own or possess legal title to the property at any time.
Therefore, the sole remedy available to plaintiff, in the event the court
determines any relief should be granted, is monetary damages.
k •
WHEREFORE, defendant respectfully requests the court deny the relief
requested in plaintiff's First Amended Complaint, and grant judgment in favor of
defendant, together with attorneys fees and costs of suit.
Date Eileen C. ?Finucane, Esq.
Attorney for Defendant
M
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
PENNSYLVANIA - CUMBERLAND COUNTY BRANCH
Lydell Sensenig Civil Action-Law
Plaintiff
vs. No. A. D. 2006-05494
Robert Laughman
Defendant Judge
CERTIFICATE OF SERVICE
I, Sue A. Spigler, a certified paralegal for Finucane Law Office LLP,
hereby certify that on December 18, 2006, I served a copy of the attached
Answer With New Matter To First Amended Complaint upon counsel for
Plaintiff by first class United States mail, postage pre-paid, addressed as
follows:
Date: l??
H. Anthony Adams, Esq.
49 W. Orange Street, Suite 3
Shippensburg, PA 17257
ue A. Spigler 465,010
Certified Paralegal
r-; ?'
? •.
=' r _-. _ _
t_, ?
G
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
? for JURY trial at the next term of civil court.
® for trial without a jury.
CAPTION OF CASE
(entire caption must be stated ix full)
KATHRYN E. HARTMAN
(check one)
® Civil Action - Law
? A Weal from arbitration
(0th
(PlaintiM
VS. The trial list will be called on Y' g-c2 9
and
ROBERT C. LAUGHMAN oo q
Trials commence on M\ 1
(Defendant) Pretrials will be held on 1' u'f c? C)0
VS. (Briefs are due S days before pretrlals T
LYDELL SENSENIG Nod 1 ... !E? ( 4 6 01`V I Term
(Defendant)
us.
MST BANK
Indicate the attorney who will try case or the party who files this praccipe:
H ANTHONY ADAMS
Indicate trial counsel for other parties if known:
BARBARA B. TOWNSEND. MARK F. FAYLEY AND
This case is ready for trial. Signed:
Print Name:
Date: o Attorney for: LYDELL SENSENIG
s?
KATHRYN E. HARTIVIAN :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY,
V. :PENNSYLVANIA
ROBERT C. LAUGBAIAN :CIVIL DOCKET NO. 07-5696 CIVIL. TERM
LYDELL SENSENIG :JUDGE
M & T BANK ;
Defendants :IN EQUITY
PROOF OF SERVICE
I hereby certify that I am this day serving a true and correct copy of Request for
Admissions and Accompanying Interrogatory to Lydell Sensensig, Request for Admissions
and Accompanying Interrogatory to M&T Bank, and Request for Admissions and
Accompanying Interrogatory to Robert Laughman, all filed on January 30, 2009 upon the
persons and in the manner indicated below which service satisfies the requirements of
Pa.R.A.P. 121:
Service on February 3, 2009, by first class mail addressed as follows:
Robert C. Laughman M&T Bank
c/o Mark Bayley c/o Mark Bradshaw
57 W. Pomfret Street 17 North 2nd Street #16
Carlisle, PA 17013 Harrisburg, PA 17101
Lydell Sensenig
c/o H. Anthony Adams, Esquire
49 West Orange Street, Suite 3
Shippensburg, PA 17257
Dated: 111) 9
Townsend Law Office
By (tl.Gr?
B,Yrbara B. Towns nd, Esquire
I.D.# 23174
32 West Queen Street
Chambersburg, PA 17201
Attorney for Kathryn E. Hartman
41
KATHRYN E. HARTMAN
V.
ROBERT C. LAUGHMAN
V.
LYDELL SENSENIG
V.
M&T BANK
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
2007 - 5696 CIVIL TERM
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 25TH day of FEBRUARY, 2009, a pretrial
conference in the above captioned matter is SCHEDULED for MONDAY,
MARCH 16, 2009, at 1:00 p.m. in Chambers of the undersigned
judge, Cumberland County Courthouse, Carlisle, Pennsylvania.
Pretrial memorandum shall be submitted by counsel in accordance
with C.C.R.P. 212-4, at least five (5) days prior to the pretrial
conference.
Edward E. Guido, J.
/. Anthony Adams, Esquire
/ark F. Bayley, Esquire
/lark D. Bradshaw, Esquire
/arbara B. Townsend, Esquire
92 93A 60OZ
KATHRYN E. HARTMAN
V.
ROBERT C. LAUGHMAN
V.
LYDELL SENSENIG
V.
M&T BANK
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2007 - 5696 CIVIL TERM
CIVIL ACTION -LAW
MOTION FOR CONTINUANCE
AND NOW, comes Robert C. Laughman, by and through his attorney, Mark F. Bayley,
and in support of the within motion avers as follows:
1. A pre-trial conference with regard to the above matter has been scheduled for March
16, 2009 at 1:00 p.m.
2. Undersigned Counsel has a previously scheduled custody trial involving multiple
counsel with the Honorable M.L. Ebert.
3. Mark Bradshaw, Esquire, Barbara Townsend, Esquire and H. Anthony Adams,
Esquire indicated no objection to the within motion on behalf of the Defendant.
WHEREFORE, the Mr. Laughman respectfully requests a continuance to the pre-trial
conference currently scheduled for March 16, 2009.
Date: \ ` 0
Respectfully submitted,
BAYLEY & MANGAN
ark F. Bayley, Esq e
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court I.D. # 87663
KATHRYN E. HARTMAN IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
ROBERT C. LAUGHMAN 2007 - 5696 CIVIL TERM
V.
LYDELL SENSENIG CIVIL ACTION -LAW
V.
M&T BANK
VERIFICATION
Mark F. Bayley, Esquire, states that he is the attorney for Robert Laughman in
this action; that he makes this affidavit as attorney because he has sufficient knowledge
or information and belief, based upon his investigation of the matters averred or denied in
the foregoing document; and that this statement is made subject to the penalties of 18
Pa.C.S. §4904, relating to unworn falsification to authorities.
Date: - AA,
Mark F. Bayley, quire
KATHRYN E. HARTMAN IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
ROBERT C. LAUGHMAN 2007 - 5696 CIVIL TERM
V.
LYDELL SENSENIG CIVIL ACTION -LAW
V.
M&T BANK :
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, attorney for Plaintiffs, do hereby certify that I this day
served a copy of the foregoing document upon the following by depositing same in the
United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
H. Anthony Adams, Esquire
49 West Orange St., Suite 3
Shippensburg, PA 17257
Mark D. Bradshaw, Esquire
17 N. Second St.
P.O. Box 11670
Harrisburg, PA 17108
Barbara Townsend, Esquire
32 W. Queen St.
Chambersburg, PA 17201
Date: C
Mark F. Bayley, Esquire
?v
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MAR ' 3 2000a
KATHRYN E. HARTMAN : IN THE COURT OF COMMON PLEAS
: OF
: CUMBERLAND COUNTY,
PENNSYLVANIA
V.
ROBERT C. LAUGHMAN 2007 - 5696 CIVIL TERM
V.
LYDELL SENSENIG CIVIL ACTION -LAW
V.
M&T BANK
ORDER OF COURT
AND NOW, this 1 day of M , 2009, Defendant's Motion
for Continuance is hereby GRANTED. The pre-trial conference is rescheduled for the
day of , 2009 in Courtroom No.3 ?' 30 4 ' /? •
J.
14Anthony Adams, Esquire
cc: ?
k F. Bayley, Esquire
k D. Bradshaw, Esquire
azbaza B. Townsend, Esquire
CoP ?_s /rla (x5 ,
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AdvicINIC)HIC;"Ad ?Hi do
3,')I-J-20 Q3 U
Townsend Law Office
_ die $ 7ew?wawd
32 West Queen Street
Chambersburg PA 17201
(717) 267-3244 Fax: (717)267-0813
KATHRYN E HARTMAN : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROBERT C.: L-AAIKs'HMAN : NO. 2007 - 5696 CIVIL TERM
LYDELL SENSENIG : JUDGE Edward E. Guido
M &T BANK
Defendants IN EQUITY
STATEMENT OF THE CASE
On or about April 12, 1963, Abram N. Seavers and E. May Seavers, by deed in fee
simple, conveyed real estate located in Southampton Township, Cumberland County,
Pennsylvania to Bertie Laughman and Catherine Laughman, mother and daughter, as joint
tenants with right of survivorship. Bertie was married at the time to defendant Robert
Laughman, herein Robert. During her life, Bertie gave birth to twelve children, only one of
whom was named Catherine or Kathryn. Plaintiff Kathryn Laughman Hartman is that child and
was fifteen months old when the deed was delivered. [Kathryn did not learn the spelling of her
name until she entered school in 1966. She has since married.]
The deed was recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Deed Book K, Volume 23, Page 70 on September 26, 1969. The real
estate hereafter is called the Home Place. On the deed, at some time between the signing and
delivery of the deed to Bertie in 1963 and when it was recorded, Robert's name was penciled
onto the deed preceding Bertie's name and identifying Robert and Bertie as husband and wife.
No change was done to the joint tenancy with survivorship rights and Kathryn's name remained
on the deed.
Family legend indicates that Bertie was afraid that her husband would lose the property
by having an accident while employed as an over the road trucker. By naming her infant child
as a joint tenant, Bertie was comfortable that she would keep her home.
Bertie died May 21, 2005, survived by her husband Robert and Kathryn.
In 1972, Bertie received a second deed from Abram Seavers, the surviving original
grantor. The deed is a correctory deed redefining the metes and bounds of tract 5 previously
conveyed with an accurate survey. There is no additional consideration. This deed, however,
fails to mention Kathryn and adds Robert to Bertie's name in an attempt to create an estate in
tenants-by-entireties.
Kathryn, who would have been ten years old at the time of the correctory deed, did not
join in the deed to Bertie and Robert, was not represented by a guardian and was not subject
to an order of court extinguishing her interest in the real estate. Abram Seavers had, in 1963,
divested himself of the fee in the real estate and had only a colorable right, if any, in any of the
real estate in 1972. The deed merely appears to correct the description of land already
conveyed.
In 1990, the next event with regard to the Home Place occurred when Bertie, as one of
the tenant-by-entirety and not individually, conveyed the real estate to herself, Robert and a
Trustee for two of her other children. By the fall of 1991, the Trustee reconveyed the trust's
interest in the real estate to Ber ie and Robert as tenants-by-entireties.
No mortgages prior to 2007 are recorded against the property. It is unclear whether or
not anyone performed a title search.
After Bertie died, Robert began dealing with Lydell Sensenig. First the men appeared to
agree to a transfer of the land to Mr. Sensenig, with Robert to retain a life estate. Then, there
was another document alleging a conditional sale with Robert to retain real estate outright. In
preparation for the transaction, Mr. Sensenig had a survey performed. He cut timber. Finally
he apparently had a title search. Mr. Sensenig sued Robert for specific performance or, in the
alternative, damages, which action malingers, docketed to No. 2006 - 05494 Civil Action in the
Office of the Prothonotary for Cumberland County.
Kathryn was opposed to Robert selling the Home Place to Mr. Sensenig as she firmly
believed that the price was inadequate. She was ignored. Until, that is, Robert found the
original deed and presented it to Kathryn at his attorney's office in late September or early
October, 2006. He asked Kathryn how her name looked on a deed, showing her the deed
recorded at Deed Book K, Volume 23, Page 70 in the Recorder of Deeds for Cumberland
County. When Kathryn then refused to convey her interest to Mr. Sensenig, Robert changed
attorneys and filed an answer to Mr. Sensenig's lawsuit, claiming he couldn't sell the real estate
to Mr. Sensenig or contract regarding the Home Place as he had no ownership interest.
In March, 2007, after an argument with Kathryn, Robert approached M & T Bank for a
home equity loan. He represented to the bank that he had an interest in the real estate and
offered it as collateral. M & T Bank either neglected to properly search the title or did not
expect the collateral to be valid.
This action was delayed slightly when one of Bertie's other children petitioned to have
Robert declared incompetent and have a guardian appointed for him. After a hearing in
August, 2007, the matter was continued generally, pending an evaluation of Robert by a
psychologist, which has yet to be performed. A reasonable period for the evaluation was given,
and then this action followed. [Kathryn also had a period of illness which slowed the process.]
Requests for Admissions were served on all defendants on February 3, 2009. Only M &
T Bank prepared any answer to the requests. M & T Bank denied that the deeds were the
deeds and the law suit was the law suit and asked for proof, as the bank has no knowledge of
the contents of the records in Cumberland County, even after reasonable investigation. Delay
damages may be appropriate. The failure to respond to the Requests for Admissions admits
the 'allegations.
REQUESTED RESOLUTION
Although Kathryn came to the knowledge that she was granted an ownership interest in
the Home Place after her mother's death, her mother's gift to her of the survivorship interest in
the real estate should be honored and Kathryn be declared the sole owner of the estate.
ISSUES TO BE RESOLVED
The initial deed to the Home Place, executed in 1963, granted the real estate to Bertie
Laughman and Kathryn Hartman as joint tenants with right of survivorship. Although Kathryn,
then fifteen months old, did not contribute to the purchase price of the property, the
transaction was intended as a gift. If a parent supplies money to purchase real estate and title
is taking in the name of a child, a presumption arises that the parent intended a gift. Kohr v.
Kohr, 271 Pa. Super. 321, 413 A.2d 687 (1979); Restatement (Second) of Trusts, Sec. 443.
Thus, as of 1963, Kathryn was a half owner of the Home Place.
Before the deed was recorded six years later, the grantee line was modified in pencil. It
is not initialed and is unknown who added the modification. It is possible that the pencil was
added after recording, but slight marks on copies of the original deed seem to show an earlier
insertion. At best, this penciled marking may change Bertie's interest from her sole ownership
of the undivided half of the joint tenancy to a tenants-by-entirties for that half. Hercules v.
Jones. 415 Pa. Super. 449, 609 A.2d 837 (1992). It will not divest Kathryn of her title.
However, a penciled change with:no signature does not signify that Bertie conveyed the
change.
Bertie's oldest child believed he was an adopted Laughman for years, as that's what was
penciled on his birth certificate. He used the name through grammar school and high school.
Only when he sought a hazardous materials license did he learn that the marked up birth
certificate was wholly inaccurate.
From 1969 when the original deed was recorder for the next nearly three years, no
further action is taken with regard-to the Home Place. However, in May, 1972, Bertie's grantor
signed a quit claim deed, now allegedly conveying his interest in the real property to Bertie and
Robert, her husband, as tenants-by-?entireties. No consideration was given for this transaction.
No interest of Bertie's grantor was specified. Since he had effectively conveyed the fee of the
real property to Bertie and Kathryn as joint tenants with right of survivorship in 1963, the
instrument is meaningless, except; possibly, to clarify the description of the property. No case
could be found where a minor grantee's interest in real estate was extinguished by a correctory
deed. The gift to the child, once made, cannot be revoked. See Stamy v. Stamy, No. 3007
Civil 1987; Cumberland County Law Journal 667. At no time before Bertie's death, did anyone
secure a deed or an order of court. divesting Kathryn of her interest in the real estate.
A joint tenancy is created by the coexistence of the four unites of interest, title, time,
and possession. Allison v. Powell. 333 Pa. Super. 48, 481 A.2d 1215 (1984). Bertie, having
directed that she be grantee of her home as joint tenant with survivorship rights with her then
youngest child, created the joint tenancy with Kathryn. A joint tenancy can be severed. The
addition of Robert as a tenant-by-entirety, whether in the original deed or in the quitclaim from
the original grantor, without any mechanism to protect the interest of the infant Kathryn,
appears to be a nullity. A conveyance to a straw party by one of the joint tenants and a return
to that tenant by a quitclaim was held inadequate to sever the tenancy. Miller v. Kramer, 424
Pa. Super. 48, 621 A.2d 1033 (1993), lower court decision. The later deeds to a Trustee and
then from the Trustee back to tenant-by-entireties are likewise a nullity. No interest can be
conveyed if the tenant by entirety interest does not exist. Again, Kathryn's interest was
ignored.
After Bertie's death, Robert, however, could have elected against the transfer by the
Seavers to Bertie and Kathryn as joint tenants with survivorship rights by an election against
Bertie's will or by an election against the real estate. The transfer to joint tenants with right of
survivorship occurred during Robert and Bertie's marriage. See 20 Pa.C.S. 2201, et seq.
Robert failed to take any action after the death of his wife and thus has waived his electron.
Kathryn, having survived Bertie, is the owner of the fee:
Robert was a resident of the house at Bertie's death. He no longer resides there, but
appears to be renting the property to a third party.
Mr. Sensenig dealt with Robert. While Kathryn was aware that Robert and Mr. Sensenig
were interacting, she had nothing to do with the alleged agreements. Her efforts, if any, were
to prevent the transfer of the Home Place for inadequate consideration. However, there is no
way to substitute Kathryn in the negotiations and scheme that Mr. Sensenig desires to
specifically enforce. Mr. Sensenig may have an unjust enrichment argument, assuming that his
subdivision plan would be Kathryn's.
M & T Bank apparently did not perform an adequate title search, if the bank was
expecting to have the Home Place as collateral. The mortgage recorded by M & T Bank should
be declared void.
STIPULATED ISSUES AND FACTS
Bertie L. Laughman was the biological mother of the following children in order of birth:
i. Robert Eugene Metzger
ii. Donna Lee Laughman
iii. Sara Louise Laughman
iv. Barbara Irene Laughman
v. Nina Fay Laughman
vi. Linda Susan Laughman
vii. Charles Todd Laughman
viii.Thelma Jo Laughman
ix. Kathryn Elainie Laughman
x. Harry Daniel Laughman
xi. Matthew James Laughman
xii. Mark Allen Laughman
2. Kathryn Elainie Laughman, now by marriage Kathryn E. Hartman, is the only child born to
Bertie L. Laughman, nee Attwood, who bears the name Kathryn and is the same child as
Catherine Laughman.
3. Kathryn E. Hartman was about 15 months old when Bertie Laughman, her mother,
purchased real property and placed Kathryn's name on the real estate.
4. There is no court order divesting Catherine or Kathryn Laughman from any portion of
ownership of the real estate located in Southampton Township, Cumberland County, at 255
Walnutdale Road, Shippensburg, PA 17257 from April 12, 1963, being the real estate owned, in
part, by Bertie Laughman to present.
5. The real estate at 255 Walnutdale Road, Southampton Township, Shippensburg,
Cumberland County, PA 17;57, is the real estate described in deeds P-1 through P-3 and P-b
through P-7, hereinafter Home Place.
6. Robert C. Laughman's mother's name was Kathryn Vanalizan Laughman.
7. Originally Bertie named her daughter Catherine, but Robert requested and prevailed that,
when the birth certificate was filed, that the spelling of the child's name was changed to
Kathryn in honor of his mother.
8. Aside from the deeds attached above, there are no other deeds related to the real estate
located in Southampton Township, Cumberland County, executed by Bertie C. Laughman or her
agent or anyone acting on her behalf or recorded in Cumberland County Court House after the
Sheriff's Deed in P-1, describing the Home Place or conveying any interest to anyone.
9. There is no deed or instrument or agreement related to the Home Place, executed by
Kathryn E. Hartman, Catherine Laughman, Kathryn E. Laughman, or any agent, guardian,
Trustee, Guardian ad litem or anyone acting on behalf of Kathryn E. Hartman, nee Laughman
or Catherine Laughman or recorded in Cumberland County Court House in any office, describing
or divesting Kathryn E. Hartman, Catherine Laughman, or Kathryn E. Laughman, of any interest
of any kind in the Home Place.
10. On or about September 20, 2006, Defendant Lydell Sensenig sued defendant Robert C.
Laughman in Cumberland County, Pennsylvania for damages and specific performance to force
Robert C. Laughman to convey all of the real property located at the Home Place to Defendant
Sensenig pursuant to some alleged contracts, called by Defendant Sensenig as Letter of Intent
and the Conditional Agreement, as will more fully appear of record at No. 2006 -05494 in the
Office of the Prothonotary in and for Cumberland County, Pennsylvania.
11. On or about December 18, 2006, in New Matter to his answer to Defendant Sensenig,
Defendant Robert C. Laughman verified that he had no legal interest in any real estate located
in the Home Place located in Southampton Township, Cumberland County, Pennsylvania, also
known as 255 Walnutdale Road, Shippensburg, PA 17257, said verified statement being part of
the law suit.
12. The Answer containing New Matter was filed by Robert Laughman's attorney, Eileen
Finucane, Esq., on or about December 19, 2006 and would have been notice to any party
searching the deed to the Home Place in the spring of 2007.
13. In March, 2007, Defendant Robert C. Laughman held out to Defendant Manufacturers and
Traders Trust Company, herein M & T Bank, that he had legal tide to the Home Place so that
he could use the Home Place for collateral for a loan.
14. Defendant M & T Bank, knew or should have known that Robert C. Laughman did not have
a legal interest in the Home Place.
15. Bertie Laughman did not and does not have any interest in real property in Cumberland
County, PA other than the Home Place.
16. Defendant Robert C. Laughman originally told Defendant Lydell Sensenig that he owned
the Home Place after Bertie died.
17. Defendant Sensenig told Robert C. Laughman that there was a problem with the title.
18. Defendant Robert C. Laughman located the original deed to the Home Place from the
Seavers to Bertie Laughman.
19. Defendant Robert C. Laughman presented the deed represented by P-2 to Kathryn E.
Hartman in the fall of 2006 at the office of Mark E. Bayley, Esq., and asked her how she liked
her name on a deed.
19 a. After locating the deed original deed, marked P-2, to the Home Place, Defendant Robert
C. Laughman notified Defendant Sensenig that he was unable to convey the land to Defendant
Sensenig because he did not have legal title.
20. Defendants Robert C. Laughman and Lydell Sensenig have no basis to dispute that the real
estate described in P-2 is the same as the real estate described in P-3.
21. As to each document identified as Exhibits P-1 through P-4 and P-6 through P-7 in the
foregoing requests, the document is a public record for purposes of admission into evidence.
22. As to each document identified as Exhibits P-1 through P-4 and P-6 through P-8 in the
foregoing requests, no other document, including but not limited to deed, promissory note,
mortgage, agreement of sale, home equity loan, court award, court order or any other legal
instrument, exists of any nature which conveys an interest to another party os divests the
interest of Kathryn E. Hartman, including the interests of a mortgagee, if any, in the Home
Place.
WITNESSES
Kathryn Laughman Hartman
Robert Eugene Metzger, a.k.a. Robert Eugene Laughman
Claude Lee Attwood
Patricia Attwood
The defendants as on cross examination
The Recorder of Deeds
EXHIBITS
P-1 Cumberland County Sheriff's deed to Abram N. Seavers, dated May 6, 1932 and
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania on
May 24, 1932 in Sheriffs Deed Book 2 page 1933.
P-2 Deed from Abram N. Seavers, joined by E. May Seavers, his wife, conveying tract 5
of P-1 to Bettie Laughman and Catherine [sic] Laughman, mother and daughter, as joint
tenants with right of survivorship dated April 12, 1963, and recorded in the Office of the
Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book K, Volume 23, page 70
on September 26, 1969.
P-3 Correctory Quit Claim Deed from Abram N. Seavers, with no additional
consideration, to Bettie Laughman et al., dated May 11, 1972, and recorded in the Office of the
Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book P, Volume 24, page
1026 on May 19, 1972.
P-4 Realty Transfer Tax Affidavit of Value of an agent for Grantor Abram N. Seavers,
that said P-3 was not for consideration, but to correct P-2, which affidavit of the agent of
Abram N. Seavers is recorded in the Office of the Recorder of Deeds for Cumberland County,
Pennsylvania in Deed Book P, Volume 24, page 1028 on May 19, 1972.
P-5 A birth certificate for Plaintiff, Kathryn E. Hartman, formerly Kathryn E. Laughman,
dated December 15, 2005, but showing that she was born on December 13, 1961 and the
record of her birth was filed ten days later on December 23, 1961.
P-6 Deed from Robert C. Laughman and Bettie L. Laughman as tenants by entireties to
Robert C. Laughman and Bettie L. Laughman as tenants by entireties and LeRoy Allen as
Trustee, as joint tenants with right of survivorship, for no consideration, dated April 20, 1990
and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book N, Volume 34, page 308 on April 23, 1990.
P-7 Deed from LeRoy Allen, as Trustee, and Robert C. Laughman and Bettie L.
Laughman, tenants-by-entireties, as joint tenants with right of survivorship to Robert C.
Laughman and Bettie L. Laughman, as tenants-by entireties dated October 30, 1991 and
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Deed Book 1, Volume 35, page 305 on October 31, 1991.
P-8 Mortgage dated March 27, 2007 from Robert C. Laughman to Manufactures and
Traders Trust Company and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Mortgage Book 1987 page 4961.
P-9 Death certificate for Bettie L. Laughman, giving her date of death as May 21, 2005.
P-10 General Power of Attorney naming Robert C. Laughman attorney-in-fact for Bertie
L. Laughman, executed on January 13, 1997.
P-11 Last Will and Testament of Robert C. Laughman dated April 28, 2006, with
attached funeral instructions.
P-12 Answer of Defendant Robert C. Laughman to a complaint filed by Defendant Lydell
Sensenig, containing NEW MATTER, docketed to No. 2006 -05494 in the Office of the
Prothonotary for Cumberland County.
SETTLEMENT NEGOTIATIONS
After the complaint and answers were filed, Attorney Jane Adams contacted the
undersigned on behalf of her client, another of Berde's children, who had petitioned to have
Robert declared incompetent. She wanted to discuss a settlement. She was requested to set
up conference with all involved attorneys. None occurred.
The undersigned has had a number of conversations with Attorney H. Anthony Adams,
attorney for Lydell Sensenig, about the transactions involved in the case.
Respectfully submitted,
Barbara B. TownW6d
Attorney for Kathryn Hartman
S.Ct.# 23174
32 West Queen Street
Chambersburg, PA 17201-2121
(717)267-3244
. 4.
Townsend Law Office
$et+" V. 7e1wMA00d
32 West Queen Street
Chambersburg PA 17201
717) 267-3244 Fax: (717)267-0813
KATHRYN E. HARTMAN : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROBERT C. LAUGHMAN : NO. 2007 - 5696 CIVIL TERM
LYDELL SEMSENIG : JUDGE Edward E. Guido
M &T BANK .
Defendants IN EQUITY
PRETRIAL SUPPLEMENT TO ISSUES TO BE RESOLVED
The initial deed to the Home Place, executed in 1963, granted the real estate to Berle
Laughman and Kathryn Hartman as joint tenants with right of survivorship. Although Kathryn,
then fifteen months old, did not contribute to the purchase price of the property, the
transaction was a gift. If a parer* supplies money to purchase real estate and title is taking. in
the name of a child, a presumption arises that the parent intended a gift. Kohr v. Kohr, 271 Pa.
Super. 321, 413 A.2d 687 (1979); Restatement (Second) of Trusts, Sec. 443. By taking title in
the name of the purchase (Berle) and another (Kathryn) jointly, indicates that the payor
intended to make a beneficial gift of an undivided interest to the other. Masai v. Ma5gai, 460
Pa. 453, 333 A.2d 861 (1975). Thus, as of 1963, Kathryn was a half owner of the Home Place.
A joint tenancy is not created unless there are specific words of survivorship, such as
are found on the original deed. Frederick v. Southwick, 165 Pa. Super. 78, 67 A.2d 802 (19409).
The intent to create the estate mint be sufficiently clear in the instrument. Zomis v.
Zamiska449 Pa. 239, 296 A.2d 722 (1972). The 1963 deed is clear. Bertie Laughman and Mer
daughter are, as grantees, joint tenants with survivorship rights. The designation had to be as
directed by Bertie to the grantors. Each joint tenant is considered in law as owning an
undivided share of the whole. American Oil Co. v. Falconer, 136 Pa. Super. 598,
(1939). Unfortunately the inquiry cannot end here.
A joint tenancy with survivorship rights may be severed. A joint tenant may not
effectively transfer that tenant's interest by will. Ladner on Conveyancing in Pennsylvania.
Hoffert v. Bastian, 54 Pa. D. & C. 146, 21 Lehigh Co. L. J. 233 (1945). Kathryn's marriage,
after the entry of the deed, does not sever the survivorship tenancy. Riccelli v. Forcinito. 407
Pa. Super. 629, 595 A.2d 1322 (1991). If Bertie and Kathryn had jointly mortgaged the
property, the joint tenancy would not be severed. Estate of Kotz, 486 Pa. 444, 406 A.2d 524
(1979). The interest, however, may be conveyed to a third party, partitioned, or seized by
creditors in an involuntary severance. Estate of Larendon, 439 Pa. 535, 266 A.2d 763 (1970);
Masgaisupra. Upon severance, the new owner becomes tenant in common with the remaining
owner. General Credit Co. v. Cleck, 415 Pa. Super. 338, 609 A.2d 553 (1992).
[A petition to partition, without more, is inadequate to sever the survivorship joint
tenancy. Allison v. Powell, 333 Pa. Super. 48, 481 A.2d 1215 (1984). A conveyance to a straw
parry by one of the joint tenants and a return to that tenant by a quitclaim was held inadequate
to sever the tenancy. Miller v. Kramer, 424 Pa. Super. 48, 621 A.2d 1033 (1993), lower cowrt
decision.]
There is no conveyance from Bertie, individually or joined by her husband Robert, to
any other entity before her death. Some stray pencil marks, added by an unknown writer to
the original deed, hardly show a clear and convincing intent to create an entireties estate.
Since she did not convey her individual interest prior to her death, it is submitted, the joint
tenancy with survivorship right remained at her death. Kathryn, having survived, is the sole
owner of the Home Place. The surviving joint tenant owns the entire property. Richelli, s pra,
It may be argued that the deed from Berte and Robert as tenants-by-entireties to
themselves and a Trustee and the deed from the Trustee back to them as tenants-by-entireties,
severed the joint survivorship tenancy. A tenancy by entireties is created only when the parties
are married. The fiction of tenants-by-entireties, however, holds that the husband and wife are
one person or legal entity, even though the legal entity consists of two natural opposite sex
persons. Thus the marriage takes a single interest in the whole estate, not as tenants in
common or joint tenants. Ladners, 1.08. See Brose Estate. 416 Pa. 386, 206 A.2d 301 (1965),
A tenancy by entireties cannot be severed by the creditor of one spouse, unlike a joimt
tenancy with survivorship rights. The interest of one human in a tenants-by-entireties likewise
cannot pass by will. One spouse cannot convey his or her interest to a third party to sever the
tenancy and no conveyance is effective without both spouses joining. Tenants-by-entireties;
estate may be dissolved by partition, but only under special circumstances. Partition is now
part of the Divorce Code, 23 Pa.C.S.A. 3507(a). In short, neither spouse has an individual
interest or portion which can be alienated or separated.
•, ,
If both members of the tenants-by-entireties join together, by their own deed to a third
entity, the estate may be severed. Even with the weak tenants-by-entireties aNeged transfer to
a trust, the entireties alleges to retain ownership. The argument that the entireties owned a
share fails for lack of unity of creation. At the time of the original deed in 1963, the ownership
passed clearly to Berne and Kathryn as joint tenants with right of survivorship. The document
so states. The marriage of Bertie to Robert is not mentioned at the time of creation. Another
conveyance was required to add the entireties to the title.
Based upon the fiction of tenants-by-entireties being one unit separate from the
individual, prevalent in Pennsylvania law, the deed from Bertie as part of the
tenants-by-entireties, fails to convey her individual interest and fails to sever the joint tenancy.
Thus it does not appear that the deeds from Bertie and Robert to the Trustee and back to
Bertie and Robert affect the title at all.
After Bertie's death, Robert could have elected against the transfer by dve Seavers to
Berke and Kathryn as joint tenants with survivorship rights by an election against Bertie's will or
her estate by an election against the real estate. The transfer to joint tenants with right of
survivorship occurred during Robert and Bertie's marriage. See 20 Pa.C.S. 2201, et seq.,
permitting a spouse to elect against a joint tenancy with survivorship rights created during the
marriage. Robert failed to take any action after the death of his wife nearly four years ago and
thus has waived his election.
Kathryn, having survived Bertie, is the owner of the fee. Robert was a resident of the
house at Bertie's death. He no longer resides there, but appears to be renting the property to
a third party. He attempted to control the real estate by providing notice to Kathryn that she
was not to enter the property. Declaring Kathryn the owner of the fee will clear Ithe title.
By virtue of the 1963 deed, Mr. Sensenig had notice of the title. He, in fact, drew this
to Robert's attention.
Similarly, by virtue of the 1963 deed and Mr. Sensenig's lawsuit against Robert
Laughman, M & T Bank had notice that Robert did not have tide to the real estate. See
General Credit Co., supra.
Res ully submitted,
arbara B. Town d
Attorney for Kathryn Hartman
S.Ct.# 23174
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KATHRYN E. HARTMAN : IN THE COURT OF COMMON. PL?AS f..a
Plaintiff : CUMBERLAND COUNTY, PENN VAA
v. ; n
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ROBERT C. LAUGHMAN NO. 2007 - 5696 CIVIL TERM
LYDELL SENSENIG JUDGE Edward E. Guido M
M &T BANK CM _
Defendants IN EQUITY Q-
PRETRIAL SUPPLEMENT TO ISSUES TO BE RESOLVED
The initial deed to the Home Place, executed in 1963, granted the real estate to Bertie
Laughman and Kathryn Hartman as joint tenants with right of survivorship. Although Kathryn,
then fifteen months old, did not contribute to the purchase price of the property, the
transaction was a gift. If a parent supplies money to purchase real estate and title is taking in
the name of a child, a presumption arises that the parent intended a gift. Kohr v. Kohr, 271 Pa.
Super. 321, 413 A.2d 687 (1979); Restatement (Second) of Trusts, Sec. 443. By taking title in
the name of the purchase (Berle) and another (Kathryn) jointly, indicates that the payor
intended to make a beneficial gift of an undivided interest to the other. Maswi v. Masgai, 460
Pa. 453, 333 A.2d 861 (1975). Thus, as of 1963, Kathryn was a half owner of the Home Place.
A joint tenancy is not created unless there are specific words of survivorship, such as
are found on the original deed. Frederick v. Southwick, 165 Pa. Super. 78, 67 A.2d 802 (1949).
The intent to create the estate must be sufficiently clear in the instrument. Z mis v.
Zamiska, 449 Pa. 239, 296 A.2d 722 (1972). The 1963 deed is clear. Bertie Laughman and her
daughter are, as grantees, joint tenants with survivorship rights. The designation had to be as
directed by Bertie to the grantors. Each joint tenant is considered in law as owning an
undivided share of the whole. American Oil Co. v. Falconer, 136 Pa. Super. 598,
(1939). Unfortunately the inquiry cannot end here.
A joint tenancy with survivorship rights may be severed. A joint tenant may not
effectively transfer that tenant's interest by will. Ladner on Conveyancing in Pennsylvania.
Hoffert v. Bastian, 54 Pa. D. & C. 146, 21 Lehigh Co. L. J. 233 (1945). Kathryn's marriage,
after the entry of the deed, does not sever the survivorship tenancy. Riccelli v. Forcinito, 407
Pa. Super. 629, 595 A.2d 1322 (1991). If Bertie and Kathryn had jointly mortgaged the
property, the joint tenancy would not be severed. Estate of Kotz,, 486 Pa. 444, 406 A.2d 524
(1979). The interest, however, may be conveyed to a third party, partitioned, or seized by
creditors in an involuntary severance. Estate of Larendon, 439 Pa. 535, 266 A.2d 763 (1970);
Masaai, supra. Upon severance, the new owner becomes tenant in common with the remeaining
owner. General Credit Co. v. Cleck415 Pa. Super. 338, 609 A.2d 553 (1992).
[A petition to partition, without more, is inadequate to sever the survivorship joint
tenancy. Allison v. Powell. 333 Pa. Super. 48, 481 A.2d 1215 (1984). A conveyance to a straw
party by one of the joint tenants and a return to that tenant by a quitclaim was held inadequate
to sever the tenancy. Miller v. Kramer, 424 Pa. Super. 48, 621 A.2d 1033 (1993), lower conurt
decision.]
There is no conveyance from Bertie, individually or joined by her husband Robert, bo
any other entity before her death. Some stray pencil marks, added by an unknown writer to
the original deed, hardly show a clear and convincing intent to create an entireties estate.
Since she did not convey her individual interest prior to her death, it is submitted, the joint
tenancy with survivorship right remained at her death. Kathryn, having survived, is the sole
owner of the Home Place. The surviving joint tenant owns the entire property. Richelli, supra.
It may be argued that the deed from Bertie and Robert as tenants-by-entireties to
themselves and a Trustee and the deed from the Trustee back to them as tenants-by-entireties,
severed the joint survivorship tenancy. A tenancy by entireties is created only when the pasties
are married. The fiction of tenants-by-entireties, however, holds that the husband and wife are
one person or legal entity, even though the legal entity consists of two natural opposite sex
persons. Thus the marriage takes a single interest in the whole estate, not as tenants in
common or joint tenants. Ladners. 1.08. See Brose Estate, 416 Pa. 386, 206 A.2d 301 (19165).
A tenancy by entireties cannot be severed by the creditor of one spouse, unlike a joint
tenancy with survivorship rights. The interest of one human in a tenants-by-entireties likewise
cannot pass by will. One spouse cannot convey his or her interest to a third party to sever the
tenancy and no conveyance is effective without both spouses joining. Tenants-by-entireties
estate may be dissolved by partition, but only under special circumstances. Partition is now
part of the Divorce Code, 23 Pa.C.S.A. 3507(a). In short, neither spouse has an individual
interest or portion which can be alienated or separated.
If both members of the tenants-by-entireties join together, by their own deed to a third
entity, the estate may be severed. Even with the weak tenants-by-entireties alleged transfier to
a trust, the entireties alleges to retain ownership. The argument that the entireties owned a
share fails for lack of unity of creation. At the time of the original deed in 1963, the ownership
passed clearly to Bertie and Kathryn as joint tenants with right of survivorship. The document
so states. The marriage of Bertie to Robert is not mentioned at the time of creation. Another
conveyance was required to add the entireties to the title.
Based upon the fiction of tenants-by-entireties being one unit separate from the
individual, prevalent in Pennsylvania law, the deed from Bertie as part of the
tenants-by-entireties, fails to convey her individual interest and fails to sever the joint tenancy.
Thus it does not appear that the deeds from Bertie and Robert to the Trustee and back to
Bertie and Robert affect the title at all.
After Bertie's death, Robert could have elected against the transfer by the Seavers to
Bertie and Kathryn as joint tenants with survivorship rights by an election against Bertie's wifl or
her estate by an election against the real estate. The transfer to joint tenants with right of
survivorship occurred during Robert and Bertie's marriage. See 20 Pa.C.S. 2201, et seq.,
permitting a spouse to elect against a joint tenancy with survivorship rights created during the
marriage. Robert failed to take any action after the death of his wife nearly four years ago and
thus has waived his election.
Kathryn, having survived Bertie, is the owner of the fee. Robert was a resident of the
house at Bertie's death. He no longer resides there, but appears to be renting the property to
a third party. He attempted to control the real estate by providing notice to Kathryn that she
was not to enter the property. Declaring Kathryn the owner of the fee will clear the title.
By virtue of the 1963 deed, Mr. Sensenig had notice of the title. He, in fact, drew this
to Robert's attention.
Similarly, by virtue of the 1963 deed and Mr. Sensenig's lawsuit against Robert
Laughman, M & T Bank had notice that Robert did not have title to the real estate. See
General Credit Co., supra.
Re ctfully submitte
Barbara B. Tow nd
Attorney for Kathryn Hartman
S.Ct.# 23174
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KATHRYN E. HARTMAN,
Plaintiff
V.
ROBERT C. LAUGHMAN
LYDELL SENSENIG
M&T BANK,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-5696
IN EQUITY
IN RE: PRETRIAL CONFERENCE
A pretrial conference was held on Monday, March
30, 2009, before the Honorable Edward E. Guido, Judge. Present
for the Plaintiff was Barbara B. Townsend, Esquire. Present for
Defendant Lydell Sensenig was H. Anthony Adams, Esquire.
Present for Defendant Robert C. Laughman was Mark F. Bayley,
Esquire.
This is a property dispute case that the parties
estimate will take one day to try. The trial will commence on
Wednesday, May 27, 2009, at 9:30 a.m. If for some reason we do
not complete that day, we will recommence on Friday, May 29,
2009, at 9:30 a.m.
The parties are directed to exchange exhibits by
May 1, 2009. Any objection to the exhibits other than to
relevancy shall be made in the form of a motion in limine. All
motions in limine, with supporting authority, shall be filed by
May 11, 2009. All responses, with supporting authority, shall
be filed by May 22, 2009.
The parties are directed to pre-mark all
/I
exhibits.
r
I.,Xarbara B. Townsend, Esquire
32 West Queen Street
Chambersburg, PA 17201
Attorney for Plaintiff
X Anthony Adams, Esquire
49 West Orange Street
Shippensburg, PA 17257
Attorney for Defendant Lydell Sensenig
Mark F. Bayley, Esquire
17 West South Street
Carlisle, PA 17013
Attorney for Defendant Robert C. Laughman
ark D. Bradshaw, Esquire
17 North Second Street
16th Floor
Harrisburg, PA 17101
Attorney for Defendant M&T Bank
Court Administrator
" - CG lt*"A-Q--j
srs
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KATHRYN E. HARTMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2007-5696 CIVIL TERM
ROBERT C. LAUGHMAN,
LYDELL SENSENIG,
M&T BANK,
Defendants IN EQUITY
ORDER OF COURT
AND NOW, this 27th day of May, 2009, the
parties are directed to file briefs in support of their
positions by close of business on Wednesday, June 17, 2009.
Any issues not briefed will be deemed to have been abandoned.
./ Barbara B. Townsend, Esquire
For the Plaintiff
Mark F. Bayley, Esquire
For Defendant Robert C. Laughman
Anthony Adams, Esquire
For Defendant Lydell Sensenig
srs
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4.
KATHRYN E. HARTMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROBERT C. LAUGHMAN NO. 2007 - 5696 CIVIL TERM
LYDELL SENSENIG
M&T BANK,
Defendants
ORDER OF COURT
AND NOW, this /7 day of SEPTEMBER, 2009, after hearing and having
reviewed the Exhibits and Stipulation of the parties it is hereby ordered and declared as
follows:
(1.) Plaintiff Kathryn E. Hartman (formerly known as Catherine Laughman) is
the fee simple owner of the real estate which Abram N. Seavers ad E. May
Seavers by deed dated April 12, 1963 and recorded in Cumberland County
Deed Book "K" Volume 23, page 70 granted and conveyed to Bertie
Laughman and Catherine Laughman, mother and daughter, as joint tenants
with the right of survivorship.
(2.) The subsequent deeds describing the property and recorded in Cumberland
County Deed Books "P" Volume 24, page 1026, "N" Volume 34, page
308 and "J" Volume 35 page 305 did not affect plaintiff's interest in said
real estate or create an interest in any other party.
(3.) Defendants Lydell Sensenig and M&T Bank have no interest or claim of
any kind in or against the aforesaid real estate described in the deed
recorded in Cumberland County, Deed Book "K" Volume 23, p. 70.
40
Defendant Robert C. Laughman has an inchoate right in said real estate
pursuant to 20 Pa. C.S.A. § 2203 if he exercises it within the time frames
set forth in 20 Pa. C.S.A. § 2210.
(4.) Defendant Robert C. Laughman is the fee simple owner of the real estate
conveyed by deed from David Leedy et ux to Bertie Laughman dated June
7, 1961 and recorded in Cumberland County Deed Boob F Volume 21,
page 711. The description and location of said tract is set forth on
Plaintiffs Exhibit 13-B as the "Leedy Tract." A copy of said Exhibit 13-B
is attached to this order.
(5.) Plaintiff is responsible to reimburse defendant Lydell Sensenig for costs
incurred in connection with the preparation of the subdivision plan for the
real estate at issue. The costs as set forth on defendant Sensenig's exhibits
total $8939,36. Provided, however, that if defendant Robert C. Laughman
exercises his inchoate right to the real estate described in paragraph 1
above, he shall be responsible for his pro-rata share of said expenses.
? H. ANTHONY ADAMS, ESQUIRE
MARK F. BAYLEY, ESQUIRE
MARK BRADSHAW, ESQUIRE
,BARBARA TOWNSEND, ESQUIRE
:sld
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4 a11
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Edward E. Guido, J.
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2u09 J F 1124 F ( I 4: E.t I
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KATHRYN E. HARTMAN IN THE COURT OF COMMON PLC Of-
Plaintiff CUMBERLAND COUNTY, PENNOP IA^
`r ur,.
vs : CIVIL ACTION - LAW
ROBERT C. LAUGHMAN, NO. 2007-5696Civil Term -' ;
LYDELL SENSENIG : C
M & T BANK, r -
Defendants '
AFFIDAVIT OF SATISFACTION
FOR VALUE RECEIVED, the undersigned, being the attorney of record for Lydell Sensenig
in the above-captioned matter does hereby acknowledge payment in full and full satisfaction of
the amount owed to the said Lydell Sensenig pursuant to the Order of Court entered in the
above-captioned action on September 17, 2009.
H. Anthony Adams, Esquire
Attorney for Lydell Sensenig
State of Pennsylvania
}sly.
County (f Cumberland
On this, theC w) 6 y of January, 2012 , before me, the undersigned officer, personally appeared
H. Anthony Adams, known to me (or satisfactorily proven) to be the persons 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.
Li
SWAN R. 1? NOTARY RMUC
CWW8 faou?. _ CwWwftnd
1
namobw 1County