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Home My WebLink About11-7447Fa KATHRYN E. HARTMAN Plaintiff V. ROBERT C. LAUGHMAN Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY :PENNSYLVANIA ??- qqq 7 :CIVIL DOCKET NO. CIVIL TERM :JUDGE EDWARD E. GUIDO 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 ONC M" YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO T z„ TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHEgT01q CAN GET LEGAL HELP. rv Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA (717) 249-3166 t Y'1 ?T'sk } The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court please contact Cumberland County Court Administrator. All arrangements must be made 72 hours prior to any hearing, trial or business before the court. (DP *q,2.00 PO PLPF? CASH KATHRYN E. HARTMAN Plaintiff V. ROBERT C. LAUGHMAN Defendant COMPLAINT IN A :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLVANIA :CIVIL DOCKET NO. CIVIL TERM :JUDGE EDWARD E. GUIDO :IN EQUITY N ACTION FOR DECLARATORY JUDGMENT Now comes Plaintiff, Kathryn E. Hartman, by her attorney, Barbara B. Townsend, Esq., and requests that Defendant Robert C. Laughman be declared that he has waived any right to elect against the real estate as the spouse of decedent Bertie L. Laughman owned by Plaintiff based upon the following: 1. Plaintiff is Kathryn E. Hartman, Kathy, also known as Catligine Elaine Laughman, who is a sui juris adult residing at 2768 Keller Road, St. Thomas, Franklin County, PA 17252. 2. Defendant Robert C. Laughman, Robert, is an adult residing at Manorcare Health Services, 1070 Stouffer Avenue, Chambersburg, Franklin County, PA 17201. 3. On September 17, 2009, this Court entered an order awarding real estate located 255 Walnutdale Road, Shippensburg, Cumberland County, PA 17257, more fully described in Cumberland County Deed Book "K" Volume 23 page 70, Real Property, to Kathryn E. Hartman as the surviving joint tenant with right of survivorship of the tenants Bertie L. Laughman and Plaintiff as will more fully appear in the order of court filed to No. 2007 -5696 Civil Term in the Office of the Prothonotary for Cumberland County, Pennsylvania, attached hereto as Exhibit A and incorporated by reference. 4. The said Bertie L. Laughman, Bertie, died on May 21, 2005, a resident of Cumberland County, Pennsylvania. 5. During her life, Bertie was married to Robert C. Laughman. 6. Pursuant to the order of Court, Defendant Robert C. Laughman retained an inchoate right to elect, as Bertie's surviving spouse, against the transfer of the undivided half of the Real Property previously owned by Bertie pursuant to 20 Pa.C.S.A. 2203, provided, nevertheless that he exercised it timely pursuant to 20 Pa.C.S.A. 2210 as set forth in the order in (3.) 7. The right of election against the Real Property is one third of one half of the value of the property as Bertie only retained an undivided half interest in the Real Property at the time of her death. 20 Pa.C.S.A. 2203(a)(4). 8. At the time of her death, Bertie had a will, which was in Robert's possession. To date, no will has been probated in Cumberland County. 9. Robert had actual knowledge of an interest in the Real Property by being physically present at the trial hearing scheduled in May, 2009 for the prior action in Declaratory Judgment filed to No. 2007 - 5696 in Cumberland County. 10. This Court notified Robert again by serving a copy of Exhibit A on Robert's counsel of record, Mark F. Bayley, Esq., on September 24, 2009. 11. Robert has failed to file any notice of election against Kathy's Real Property in the Clerk of Orphan's Court for Cumberland County as of September 24, 2011. 12. Kathy requests that this Court determine that Robert has waived his right to elect against Bertie's interest at her death in the Real Property pursuant to Estate of Carl L. Campbell, 701 A.2d 767 (1997, Pa.Super.), app. denied, 555 Pa. 715, 724 A.2d 932 (1998, Pa.). 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, known as 255 Walnutdale Road, Shippensburg, Cumberland County, PA 17257, more fully set out in Deed Book "K" volume 23, page 70; (b) declaring that Defendant Robert C. Laughman has waived any right to claim against said real property as the surviving spouse of Bertie Laughman pursuant to 20 Pa.C.S.A. 2203 for failure to file an election with the Cumberland County Clerk of Orphan's Court within six months of actual notice of the interest; (0 for such other and further relief as to this Court may seem just and proper. Respectfully submitted: :Barbara B. Town)end, Esq. S.Ct. # 23174 32 West Queen Street Chambersburg, PA 17201 (717)267 - 3244 Attorney for Kathryn E. Hartman I hereby verify that the facts set forth in the foregoing instrument are true and correct to the best of my knowledge, information and belief, and that I make this verification subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to Authority, as authorized by the Judicial Code and Pennsylvania Rules of Civil Procedure. Date: C v'Y /? 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*1 day of SEPTEMBER, 2009, after hearing and having reviewed the Exhibits and Stipulation of the parties it is hereby ordered and declared as follows: (l.) 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 plaintiffs 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. EX?BFi' ?T Defendant Robert C. Laaghman 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 at ux to Serbs Laughman dad Juste 7,1961 and recorded in Cumberland County Deed Book F Volume 21, page 711. The description and location of said tract is set fbrth 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 at forth on defendant Sennnig'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. Edward E. Guido, J. ? H. ANTHONY ADAMS, ESQUIRE -,MARK F. BAYLEY, ESQUIRE /MARK BRADSHAW, ESQUIRE BARBARA TOWNSEND, ESQUIRE : s1d 0 'o t E. rnat I 4 ?Y ?o? OF THE 'TARY 1009 S E F 24 FH 3: !; I ov: iv3 Y SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Andersont '=,li- s' L a r Sheriff ??tr Jody S Smith T 20 Chief Deputy` r ' f W 27 i; Richard W Stewart '?!j H BEL Solicitor OFF.L E OF T-E '- ERIFr S`Q'L V.r,.g_ Kathryne E. Hartman Case Number vs. 2011-7447 Robert C. Laughman SHERIFF'S RETURN OF SERVICE 09/30/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Robert C. Laughman, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Notice and Complaint in an Action for Declaratory Judgment according to law. 10/07/2011 01:13 PM - Franklin County Return: And now October 7, 2011 at 1313 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert C. Laughman by making known unto himself personally, at 1070 Stouffer Avenue, Chambersburg, Pennsylvania 17201 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 October 18, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c Go ntySuite Shenff. Teteoroft, inc Townsend Law Office Barbara B. Townsend 32 West Queen Street Chambersburg PA 17201 (717) 267-3244 Fax: (717)267-0813 KATHRYN E. HARTMAN Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT C. LAUGHMAN Defendant :CIVIL DOCKET NO. 11-7447 CIVIL TERM :JUDGE EDWARD E. GUIDO :IN EQUITY c AFFIDAVIT OF SERVICE o rnr STATE OF PENNSYLVANIA "Vrn ? SS ) COUNTY OF FRANKLIN : a = ° a ? rn Barbara B. Townsend, being duly sworn according to law deposes aj?d sa#s tfAt she served a true and correct copy of the Default Notice upon Robert C. Laughman by regular mail on October 28, 2011, from the United States Post Office in , Chambersburg, Pennsylvania. Notary Public COMMONWEALTH OF I Terpss? D?? SsM hambe" M C om BExPi F 30, 20 2 fr --° /Barbara B. Towns d Townsend Law Office Barbara B. Townsend 32 West Queen Street Chambersburg PA 17201 (717) 267-3244 Fax: (717)267-0813 KATHRYN E. HARTMAN Plaintiff V. ROBERT C. LAUGHMAN Defendant To the Prothonotary: :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL DOCKET NO. 11-7447 CIVIL TERM :JUDGE EDWARD E. GUIDO :IN EQUITY PRAECIPE Please enter Judgment against Robert C. Laughman by Default for failure to file an Answer. Note the attached Notice was served on him on October 28, 2011. ,6 ? ?41q- Q# Barbara B. To send MW o m-n z < rom co ° c? xa _ XF3 ?r = - C) lUU4ce led 0 ,.)5 1?4 11?i- /p 70 Sf'rl??r ?{dQ < <--J'e"sd I '0 tO.20/ Townsend Law Office Barbara B. Townsend 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 Defendants :CIVIL DOCKET NO. 11-7447 CIVIL TERM :JUDGE EDWARD E GUIDO :IN EQUITY To: Robert C. Laughman Date of Notice: October 28, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSE OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA (717) 249-3166 Barbara B. Tow(ssend Attorney for Plaintiff 32 West Queen Street Chambersburg, PA 17201-2121 (717)267-3244 Townsend Law Office Barbara B. Townsend 32 West Queen Street Chambersburg PA 17201 (717) 267-3244 Fax: (717)267-0813 KATHRYN E. HARTMAN Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT C. LAUGHMAN Defendant :CIVIL DOCKET NO. 11-7447 CIVIL TERM :JUDGE EDWARD E. GUIDO :IN EQUITY AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA : SS COUNTY OF FRANKLIN Barbara B. Townsend, being duly sworn according to law deposes and says that she served a true and correct copy of the Default Notice upon Robert C. Laughman, by regular mail on October 28, 2011, from the United States Post Office in Chambersburg, Pennsylvania. / Barbara B. Townd Notary Public COMMONWEALTH OF PENNSYLVANfA Notarial Seal Teresss D. Bard, Notary Public Chambersburg Boro, Franklin County My Commission Expires April 30, 2012 Townsend Law Office Barbara B. Townsend 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 :CIVIL DOCKET NO. 11-7447 CIVIL TERM Defendant :JUDGE EDWARD E. GUIDO :IN EQUITY ORDER OF COURT NOW, -66 , 204-, upon consideration of the within motion, IT IS HEREBY ORDERED as follows: 1. 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, known as 255 Walnutdale Road, Shippensburg, Cumberland County, PA 17257, more fully described in Deed Book "K" volume 23, page 70; 2. Defendant Robert C. Laughman has waived any right to claim against said real property as the surviving spouse of Bertie Laughman, pursuant to 20 Pa.C.S.A. 2203, for failure to file an election with the Cumberland County Clerk of Orphan's Court within six months of actual notice of his interest. B Court J. V F w /t r tJlt /-rcl/ Y'`t lR k '? ?dbCr? ?• L-Q(?'rt /yeah 49 A.- -UJib C ? c ?7 W Z. ? - =::u t F C J ca 4 ca C3 zC) N rn Cn it