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MARY LOU LAY,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No.CI-/69S CIVIL 2001
LEO L. LAY,
Defendant
: CIVIL ACTION ~ DECLARATORY
: JUDGMENT
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, 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 claim 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 HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Court Administrator
Cumberland County Courthonse
One Courthouse Square
Carlisle, Pennsylvania 17013
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William S. Daniels, Esquire
Attorney for Plaintiff
RUMER & DANIELS
One West High Street, Suite 205
Carlisle, P A 17013
(717) 243-3831
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MARY LOU LAY,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. ol-It>'i~' CIVIL 200l
LEOL.LAY,
Defendant
: CIVIL ACTION - DECLARATORY
: JUDGMENT
COMPLAINT TO DETERMINE VALIDITY
OF ANTENUPTIAL AGREEMENT
Plaintiff brings this action pursuant to the Declaratory Judgment Act (42 Pa. C.S.A.
~7531 et seq.) and Pa. R.C.P 1601, for the purpose of determining a question of actual
controversy between the parties as hereinafter more fully appear.
(1) Plaintiff is Mary Lou Lay, a competent 62 year old adult residing at 371 Claremont
Drive, Apartment #9, Carlisle, Cumberland County, Pennsylvania.
(2) Defendant is Leo L. Lay, a competent 73 year old adult residing at 1015 Alexander
Spring Road, Carlisle, Cumberland County, Pennsylvania.
(3) Jurisdiction of this action is based on Section 7532 of the Declaratory Judgment Act
(42 Pa. C.S. A. F532).
(4) Plaintiff and Defendant, Mary Lou Lay and Leo L. Lay, were married on November
28, 1986, at Hagerstown, Maryland and at all times for over fourteen years since that
date have been wife and hnsband, and have been residents of Cumberland County,
Pennsylvania.
(5) There are no children of this marriage. Plaintiff has three adult children from a
previous marriage; Defendant has no living issue from a previous marriage.
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(6) On or about November 11, 1986, Plaintiff and Defendant entered into a certain
written Antenuptial Agreement prescribing parties' rights, duties and obligations to
one another upon separation, divorce and death. A true copy of said Agreement is
attached to this Complaint, marked Exhibit "A," and incorporated by reference.
(7) On October 14, 2000, Plaintiff was hospitalized at Holly Spirit Hospital, Camp Hill,
Cumberland County, Pennsylvania, suffering from congestive heart failure and
multiple illnesses aggravated by the abuse of Defendant husband. A true copy of
discharge papers dated October 19,2000 is attached to this Complaint, marked
Exhibit "B," and incorporated by reference.
(8) On October 19, 2000 Plaintiff upon discharge from said hospital was admitted to the
Domestic Violence Shelter, followed by subsequent displacement after three weeks
to low income honsing at her current address. A true copy of such certification from
Domestic Violence Services and dated October 31, 2000 is attached to this
Complaint, marked Exhibit "C," and incorporated by reference.
(9) Plaintiff is a retired State employee who assisted in Defendant's farming operations
during their marriage, and who has been currently diagnosed by her family physician
as totally disabled and unable to work. A copy of Dr. Pfautz' written diagnosis
dated January 3, 2001 is attached to this Complaint, marked Exhibit "D," and
incorporated by reference.
(10) Defendant is a retired farmer for local personal tax purposes, and includes a
Federal Schedule F (Form 1040), Profit or Loss from Farming, with his U.S.
Individual Income Tax Return, calendar year 1999 (Married Filing Separate return).
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(11) On October 20, 2000, Plaintiff claimed spousal support at the Cumberland County
Domestic Relations Section, filed to No. 932 Support 2000.
(12) On November 30, 2000 during parties' Support Hearing at Domestic Relations
Services, Defendant denied any responsibility for spousal support, claiming
immunity under said Antenuptial Agreement, and continues to deny same.
(13) On December 14,2000, Defendant filed a Complaint in Divorce against Plaintiff,
filed to No. 2000 - 8652.
(14) Actual, genuine and justifiable controversy has arisen and now exists between
Plaintiff and Defendant regarding their respective rights, duties, status and other legal
relations under said Agreement, and more particularly surrounding spousal support
and the dissolution of marriage. Plaintiff contends that their Antenuptial Agreement
is invalid, while Defendant contends that it is controlling. Plaintiff is entitled to have
a declaration of her rights and further relief because of the facts, conditions and
circumstances set forth.
(15) Plaintiff desires a judicial detennination of the parties' rights and duties through a
declaration of the invalidity of parties' written Agreement for lack of full and fair
disclosure of Defendant's financial position, thus eliminating the uncertainty and
insecurity over whether the Defendant must pay spousal support as well as whether
the Plaintiff must forfeit her statutory privileges and entitlements in divorce.
(16) A judicial declaration is necessary and appropriate at this time so that Plaintiff
may determine the availability to her of right to make claim for spousal support for
herself, as well as other economic benefits in divorce proceedings brought by
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Defendant, all of which are precluded by the terms of said Agreement, especially
paragraphs 8, 9 and 10, if valid..
(17) A hearing on spousal support is scheduled before this Honorable Court on
February 26, 2001, at 9:00 o'clock A.M.; the elapse of 90 days of living separate and
apart following service of the Defendant's Complaint in Divorce occurs on or about
March 14, 2001.
(18) Exhibit "A" of the parties' Agreement (within Exhibit "A" of this Complaint):
(a) fails to furnish any values for the three real estate parcels identified by
Defendant;
(b) misrepresents the farm machinery and equipment then being used by
Defendant to operate a functional farm as being "old and all
depreciated, except for a tractor which has a year to go;" and
(c) totally omits any specificity or valuation of household effects
belonging to the Defendant in his improved real properties.
(19) For comparison, attention is invited to the corresponding detail of Plaintiff's
property and estate descriptions set forth in Exhibit "B" of the Agreement, and the
copy of Plaintiff's reconstructed inventory of Defendant's farm machinery and
equipment attached to this Complaint, marked Exhibit "E" and incorporated by
reference.
(20) Plaintiff avers that the foregoing misrepresentations and omissions substantially
obscure a measure of Defendant' s actual financial worth, and accordingly
demonstrate the failure of full and fair disclosure to Plaintiff when presented for
execution.
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WHEREFORE, Plaintiff respectfully requests that this Honorable Court take
jurisdiction of this matter, and after hearing and adjudication without jury, enter an Order of
Declaratory Judgment as follows:
1. Declaring that the parties' Antenuptial Agreement dated November 11, 1986
is not valid, and is thus null and void in its entirety; and
2. granting such other and further relief as may be proper.
Dated: February 26, 2001
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William S. Daniels
Attorney for Plaintiff
Attorney I.D. No. 27735
One West High Street, Suite 205
Carlisle, PA 17013
(717) 243-3831
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ANTENUPTIAL AGREEMENT
THIS GR /Iti', W) ,;
A EENENT, made this day of i1.lP-,'l.,2~"'a:,,~' J 1986. by and between
LEO L. LAY (hereinafter referred to as "LLL"),
.
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MARY LOU WARNER (hereinafter for the sole purpose,of brevity sometimes referred
to as I'~IL\.J").
HITNESSETH:
WHEREAS. the parties hereto contemplate marriage and desire in advance of
the marriage to agree as to their respective rights
the marriage; and
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obligations following
WHEREAS, the parties hereto desire to define their proRerty rights and any
claims for care, support and maintenance, and other similar payments; and
WHEREAS. in the event of separation, living apart, divorce. annulment.
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or death (except as otherwise specifically set forth herein), each of th~tparties
hereto desires to waive all rights and privileges which either of them might have
as the spouse, ex-spouse or surviving spouse of the other, to take or shate in any
of the real or personal property of the other party hereto. or in any of the real
or personal property of a deceased party hereto.
NOW THEREFORE, in consideration of the above conditions and circumst~nces
and in consideration of the mutual covenants and/or agreements hereinafter con-
tained. and the marriage which is about to be solemnized between them. and intending
to be legally bound hereby. the parties mutually agree as follows:
1. The parties intend to be married on or about November 28, 19B6 and desire
to maintain a relationship consisting of mutual love and affection. Except as
otherwise provided herein. each party expresses his and her intention no'to claim
any interest whatsoever in the property accumulated by the other party prior or
subsequent her~to, or in any of the income or appreciation derived therefrom.
except as expressly provided herein.
2. The parties intend and desire to hereby define and clarify their
respective rights in the property of the other and in any separately or jointly
o~me.d property they might accumulate after tbe date hereof, and to avoid such
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EXHIBIT "A"
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interests, which, except for the operation of this,Agreemen~, they might otherwise
acquire in the property of the other as a consequence of their relationship.
3. The parties desire that all property presently owned by either of' them
or acquired by either of them hereafter of whatsoever nature and wheresoever
located and all income derived therefrom and all i~creases in the value tHereof,
shall be and remain their respective separate property. The parties agree that
in no time during their relationship shall there be any transmutation of any of
their separate property interests into jointly owned property, except by an express
written agreement. The following events shall, under no circumstances, b~ evidence
of any intention by eithe~ party of an agreement between the parties to transmute
their separate property interests into jointly owned property or to transmute their
separate income into joint income:
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(a) the filing of joint tax returns;
(b) the designation of one party by the other as a beneficiary of his or
her estate;
(c) the co-mingling byaae paty of his or her separate funds or property with
jointly owned funds at' property ot' with the separate funds at: property of ,the other
party;
(d) any oral statement by either party;
(e) any written statement by either party other than the express written
agreement of transmutation;
(f) the payment from jointly held funds of any separate obligation, including
but not liuited to the payment of mortgage, interest or real property tax1r on'a
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separately owned residence or other separately owned real estate or personal property;
(g) The joint occupation of a separately owned or leased residence;
(h) The joinder by either party in any instrument involving the separate funds
or property of the other. which may be appropriate or necessary to carry into effect
the intentions and provisions of this agreement., including but not limited to
mortgages, deeds of conveyance, bills of sale or transfer, and agreements ,of sale
for real estate or otherwise.
4. The provisions of this Agreement and thei~ legal effect ha~e been ,fullY
explained to the parties by their respective counsel. LLL has employed and had
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the benefit of counsel of Henry L. Stuart) Esquire as his attorn~y. MLW has employed
and had the benefit of c.ounsel of /-!A.fOI. 0 5: fR.L.U; ~" ::III' , Esquire as he-c attorney.
Each party ac.kno~ledges that he or she has received independent, legal advice from
counsel of hS or hex selection and that each fully und~rstands the facts and has been
fully informed as to his or her legal rights and obligati9lls and each party acknowledges
and accepts that this Agreement is, in the circumstances, fair and equitab]b, and that it i:
being entered into freely and voluntarily after having receive~ such advice and with
such knowledge, and that execution of this Agreement is not the result of apy duress
or undue influence and that it is not the result of any ~ollusin~ nr improper or
illegaL agreement or agreements.
J. ~oth parties to ~nis Agreement have made to ea~h other a full and complete
disclosure of the nature and extent of all their property and estate, to the best
of their knowledge, information and belief. Attached hereto as Exhibit "AU, and
made a part hereof, is a statement of the separate property, facts and status of
LLL as of the date hereof, and a.ttached hereto as Exhibit liB", and made a part hereDf, is
a statement of the separate property, facts and status 'of MLW as of the date hereof.
It is understood that as a result of income from or increases in the value of their
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presently existing separate property, each party may acquire other and different
separate property in fre future which each party shall hold free from any c.l~im of
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the other.
Each of the parties acknowledges that they have signed both of said exhibits
in acknowledgement of their examination and acc.epta~ce of the same.
6. Except as otherwise provided herein and except as the parties may otherwise
agree in writing. property heretofore acquired by the parties or hereafter acquired
by the parties, any increases in value thereof and their earnings shall remain
separate property free of any claim of the other ~Rrty.
Each of the parties covenants and agrees that al~ property now owned by either
of the parties of whatsoever nature and wheresoever located and any increases in
value thereof, and any property which he or she may hereafter acquire, whedler real,
personal. or mixed, including but not limited to any earnings, salaries, commissions.
or income resulting from his or her personal services, skills and efforts and increases
in value thereof shall be and remain the sole and separate property of the ~arty
acquiring same and each party may dispose of said property as said party sees fit
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and as if no marriage had been entered into. Each of the parties hereby
acknowledges that he and/or she voluntarily relinquishes all of his and/or her
interests. if any. in the property of the other party and any increases in 'value
thereof and understands that such property and the earnings. salaries, commissionsJ
or income of the other party, which. in the absence of this Agreement might be
considered jointly owned propeLty of the paTties. and to be and remain the 'separate
property of the party acquiring same.
7. Each of tbe parties hereto shall, during tbeir married life, hold; own, and
control. and shall have the same right of disposing of, all property at every kind,
real or personal, belonging to such par~j at the daLe of their marriage or~cquired
by such party after their marriage and any increases in\value thereof, fre~ and clear
,
of any right or interest therein of the other party hereto, to the $me extent and in
all respects as if their marriage had never occurred. Each of the parties hereto waives
and releases all right to dower and curtesy and all other rigbts now or hereafter
conferred by the laws of any state or country, in or to any of the property of the
other party hereto and any increases in value thereof.
8. The parties hereto have been advised of the basis for divorce under the
Pennsylvania Divorce CodeJ Act 26-1980. 23 P .$. s!. 1 et 'seq., which was effective
July 1, 1980. The parties further understand and have been advised that Section 201
provides that it shall be lawful for a court to grant a divorce if a marriage is
irretrievably broken and either 90 days have elapsed from the date of filing of the
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evidencing that each
complaint and an affidavit has been filed
by each of tbe parties
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after three..-' ~ears have
elapsed after
of the parties consents to the divorce or
separation and one party desires a divorce. The parties, in view of theiT mutual
love and concern for each other and in order So avoid any harm to each other or cause
disintegration in the marriage and in order to prevent the need for debiliuting,
depressing and exhausting litigation. hereby agree that this Agreement being entered
into with full knowledge of the said Divorce Code, do hereby agree to execute any and
all affidavits or other insocuments required under any act of the Legislature known
as the Divorce Code in the event that either party institutes an action for,divorce,
alleging irretrievable b~eakdown) in order to expedi~e the entry of a decree in
divorce if such action is instituted, said affidavit to set forth the other party's
acknowledgment and cnn~~~t to said divorce; and to execute any and all affi'avit~
or other instrumen~s in connection with a divorce or annulment where ground1 for
divorce or annulment of marriage is alleged.
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9. In order to promote marital harmony and to discourage either party' from
obtaining monetary benefits by a b'rp!'1r'h in the ma-r:Jt~j r~lal....L\Jilship and from
imposing financia~ UL emotional hardships on the party as a Le~~~t of any legal
proceedings for divorce or otherwi~e. neither party vi~l maKe any claim or enforce
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any claims again:;!: cne etheL' tor support, alimony (including temporary alimpny and
alimony pendente lite), costs. counsel fees or e~jitable distribution of property
which may arise as a -result of r'hi>-i:r marri,age, separation, divo!ce or annulment.
10. It is further understood alid a5.......___ iJY and between t.h__ t'drties hereto that
eacn of the parties accepts the terms and provisions of this Agreement in full
settlement and satisfartion of any and all of each party's righr~ against the other
br any past, present and future claims on account of su~port and ma~ntenanc~, alimony
(including temporary alimony cltld alimony pendente lite). costs, counsel fees, equitable
distribution or other similar claims or payments.
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11. Except as provided for in this Agreement. LLL and MLW each hereby forever
reeases. remisesl discharges 1 and quit-claims the other and the estate of t~e other,
for all time to come and fo't all purposes whatsoever, fr,oro' any action of anf natuTe
whatsoever in law or in equity. and forever releases, remises, discharges. and quit-
claims the other and the estate of such other, for all time to come and for,all purposes
whatso~ver, of and from any and all rights, titles, interests or claims in or against
the other, or in or to the real, personal and/or mixed property of the other and all
right of curtesy or dower or for equitable distribution. or claims in the nature of
curtesy or dower or claims for equitable distribution of property. or of widow's or
widower's right and all rights, titles, interests, and claims which he or she now
has or ever may have in and/or to the other's estate, whether now owned or hereafter
acquired, at his or her death. aud all righcs. titles, interests and claims to take
against the other's will andJor under the Intestate laws, o't of family exe~tion or
similar allowance or all other rights of a surviving spouse
deceased spouse's estate, whether arising under the laws of
to participate in a
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(a) Pennsylvanl~ or
(b) any state, Commonwealth or tenitory of the United States. or '(c) any other
country, and each and every additional right, title. interest and claim or right
to any ac~ounting he or she has or ever maylave in the other or as LLL's wife or
widow or as MLW's husband or widower, including any and all claims. ~emands,
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liabilities, and obligations whetbe~ a~ising out of the marital relations~ip
by reason of the ownership or joint ownexshi~ of any real or personal property, or by
reason of any othex matter or thing whatsoever as ~ell as each and every additional
right, title. interest and claim he or sne has or evar may have against the other.
his or her heirs, executors. administrators and assigns, accepting only the obligations,
right and claims imposed or enuring to the benefit of either of the parties by reason
of the terms or this Agreement.
12. Each party shall, from time to time, upon the request of the ot~er, join
,
in. execute and acknowledge any instrument and instruments appropriate o~necessary
to carry into effect the intenGioDs and provisions of this Agreement. Without limiting
the gene~ality of any U~ Lae foregoing, iu parti~ular\atter said contemplated marriage.
in the event either of the parties hereto should desire to mortgage or sell or convey
any assets, whether real or personal property, the other party will join in said deed
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of conveyance, ox moxtgage. or bill of sale. or t-ra.nste-r, or .1.i.\.{e l..H",t.rumentJ it the.
same is necessary to make the transaction effectual. Froviding no personal liability
shall extend to said other Farty by reason or said joinder; and each further agrees
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that in the event of such transaction all proc~~ds and receipts in connection therewith
shall be the separate property of the party in whose name such asset was titled~
13. E~c~ as provided for in this Agreement, each of the parties hereto shall
have the right to dis?ose of his or her property by Last Will and Testament or otherwise.
and each ot Lnem agreeS trrat the estate of the other. whether real. per~~~al -~~-mixeJ.
shall be and belong to the person or persons who would have b~en entitledfuereto as
if the decedent had been the last to die, This provision is intended to constitute
a mutual waiver by the parties of any rights to take against each otherls Last Wills
under the present or future la~s of any jurisdiction whatsoever and is intended to
confer third party beneficiary rights upon the other heirs and beneficiar~es of each~
Each party may. however. make such provision for the other as he or she may desire
in and by his or her Last Will and Testament. Unless named as such in the other party's
Last Will and Testament. each of the partEs hereby releases, relinquihes and waives
any and all rights to act as Executor or Executrix or Administrator or AdmiuStratrix
of the other paty's estate.
14. This Agreement shall be construed under the laws of the Common~alth of
Pennsylvania, irrespective of where the parties ,may hereafter reside.
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15. This Agreement shall be and become effective only in the event that the
contemplated marriage between the parties hereto shall be solemnized. Th~reafterJ
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this Agreement shall continue in full force and effect until it is modified by a
writing executed by both parties.
16. The termsJ provisions and conditions of this Agreement shall be 'binding
upon any and all of the heirs1 executors 1 administrators, successors or
either of the respective paties hereto.
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17. Each provision of this Agreement is separate from the other provisions of
this Agreement, and if any provision shall be deemed to of' l,Jnenforceable by any court
of competent jurisdiction, no other pcovision of this Agreement shall be affected or
invalidated thereby.
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18. The failure of either party to insist upon strict performance o~_.?r
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compliance ~ith any of the provisions of' this Agreement shall not he construed or
.1-lnplied to be a waiver of any subsequent nonperformance,noncoTflpliance or ~iolatioIl
of this Agreement.
19. It is understood and agreed that any and all agreements which mayor have
been executed prior to the date and time af thIs Agreement are null and void and of
no effect.
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IN WITNESS WHEREOF~ the parties hereto have hereunto set their hands ,and seals
the day and year first above written~ each intending to be legally bound hereby.
WITNESS:
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(M l' ou Warner) :
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STATE OF PENNSYLVANIA
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COUNTY OF CUHBERLAND
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On this, the 13tA day of Y)<h).,~..nLi;j.:\_,.- , 1986, before me, the undersigned
officer, personally appeared LEO L. LAY known to me (or satisfactorily prpven] to be
the person whose name is subscribed to the within instrument, and acknQwl~dged that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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ALUU1N.P.. 'l"'.~ H~f.;'I,n?t\". ~';O'~~".~.-'f '.' '.
C-ARJ"l~'{,"I, GI'J\(Bl":HT",~;>JV ";~'~I'" ,f'U,m,jl);::
~'.... ro~nu~.'-.(i-1[I;N l;;'J{i~l""ro ,..,,!y.- J!>A
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STATE OF PE~WSYLVANIA
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(SEAL)
COUNTY OF CUHBERLAND
On this. the lit!::> day of ~o~\\?Y\'l.beA"" . 1986. before rn,e, the undersigned
officer, personally appeared MARY LOU WARNER known to me (or satisfactorily proven)
to be the person whose name is subscriDed to the within instrument, and a~knowledged
that she executed the same for the purposes therein conta1ned~
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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CAP\,!Stf i:mt'J, r:UlTID~!i:L;"':.j'W (;0l};'~'O
illY CG~'i~:$S.W~j fl.?1Rr-S !)~. 15, HJ&:i .
!i1ember. P'm!1r,yb~nla /l.,'.;~~':;afio.!\ 'if 1!Qtade~
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EXHIBIT I'N'
PROPERTY AND ESTATE. ETe.
OF
LEO 1. LAY
/ REAL ESTATE
1. Farm situate along the Ale~anderls Spring Road in Dickinson Township,
Cumberland County, Pennsylvania, containing 115 acres, more or less:,
which was acquired from his father, Oren D., by deed dated April 22',
1975 and recorded in Deed Book IfN', Vol. 2'6, Page 376'~
2. Farm situate along the Mooredale Road in Dickinson TOwUship1 Cumber;land
County, Pennsylvania, containing 191 acres, more or less, l.Jhich was: acquired
fro~ his father's estate by Award of Real Estate dated March 3. 1978 and
recorded in Deed Book uR1I, Vol. 2,7) Page 228.
3. ~House situate in Atmor', Alabama, known and numbered as No. 218
BANK ACCOUNTS
1. Hill Financial,'CD
2. Hill Financial, CD
3. Hill Financial. CD
4. Hill Financial. CD
5. Dauphin Deposit. CD
6. Dauphin Deposit, Chcking Acc't
Stt Avenue.
$12,000.00
$20,000.00
$20,000.00
$10,014.79
$10,000.00
$15,473.00
MISCELLANEOUS
1. 1982 Oldsmobile 4 door Sedan
2. Misc. used furniture
3. Old farm machinery, all depreci~ted except for a tractor which has F
yea!' to go. ~__,,,,,~,_..
LIFE INSURANCE - None
EMPLOY}!ENT
Farmed for and with my father and then self employed farming~
SUPPORT STATUS
Is and ~as been self supporting.
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EXHIBIT liB"
PROPERTY AND ESTATE, ETC.
OF
MARY LOU WARNER
/ BANK ACCOUNTS
1. Dauphin Deposit. Checking Acc1t
2. Credit Union Acc't
$ 799.00
1,000.00
MISCELLANEOUS
1. 1983 Dodge 4 door Sedan
2. Small household items
3. Lawn Tractor
LIFE INSURANCE
1. Pa. State Life Insurance.
While vtorking
Death Benefit
136.750.00
2. Pa. State Hospitalization, Medical,
Medicine coverages
EMPLOYMENT
Employed at Commonwealth of Pennsylvania
for 13~ years. Presently with Bureau of
Traffic Safety.
State Retirement Fund $8,490~OO
SUPPORT STATUS
Is and has been self supporting.
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(Lea . Lay)
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MARY LOU WARNER
LIST OF SMALL HOUSEHOLD rrEMS
/' Stereo set, records and stand
12 inch color Quasar TV and stand
Pole lamp (brown)
Owl table lamp
Dishes' & 'glasses in china closet and silverware set
Bookcase and all my books
All the Tupperware
Living room throw rugs
Afghan (green, orange' & yellow)
Tabl~cloths (1 good White oue and 3 o~d onea)
Weed Wacker
Bed clothes, towels, wash cloths & clothes hamperi
Picnic equipment
Sewing machine
Coatrack
Hand mixer
5 piece brown luggage set
Many small kitchen items
Christmas tree and all the trimmings
Decorations in Atmare house
Record player and speaker
Dauphin Deposit Savings Account No. 11-6159T~4
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INTERNISlS
of Central Pa.
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Peter M Bner~ M D
Michael L Gluck, M D
JameJi A Tyndall, M D
l~a J Packman, M 0
R,chard Schrelber, MD. FA C.P
L t}nne Britton, M D
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uwrcnn B. Zunmcrrnl.O, M D
M~b,d A. DeMtcnele, M D
Chn"tlOa Collm!, M.D
Ca.r\. l. De.nte, M D.
R G~orgc Amkhllln, 0 O.
Dun L Lehman. PA.C
LefOY K RI-lng. PA,c
HARltlSVlEWPROFESS10NAJ. CENTER . 108 LOWTHER ST . P.O. BOX 107 . LEMOYNE, PA 17D43;oI07 . (7l7l 77+1366 FAXI7l7) 774..1232
October J 9, 2000
Harry V Pfautz, M D
315 North High Street
Duncannon, P A 17020
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D1SOWJtGE SU~2
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MalY Lou Lay
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Dear Doctor Pfautz
1
Thank you for the pnvilege oftakll1g cale of\ our patIent, Mary Lou Lay at Holy Spmt Hospllal from
October 14, 2000 through October 18.2000 '
DIscharge Dlagnosls' I Congestive heart failure 2 Coronary anery disease 3 Left bundle branch
block 4 Vlctnn of abUSive relatIOnships 5 IDDM 6 Agitated deplesslon 7
HypothyroIdism 8 History of multiple surgical procedures 9 History of breast cancer
Discharge Medlcatlons Laslx 40l11g bId, K-Dur 20mEq qd, Premarm ] 2Smg qd, Llpltor 10mg qd,
Thyrold grains] bid, and 70/30 Insulin 50 umts bid, Ecotrin 325mg qd
She was also gIven the phone numbers for the DomestIc VJOlence SupponJigency 1.800.852-2]02, and
the Cumberland County Protective SCrI'lces at 240-6110
The panent Slates that she has decIded tbat as dIfficult a deClston as It was, sbe 1'111 not return borne
II 11] be picked up by ber daughter and taken first to the patIent's daughter's home and then later to a
friend's house
She
,
ThIS IS at least the fifth Ho]y Splrit HospItal admISSion for thIS 62 year old woman who has long standmg
congestive faIlure Sbe developed mcreasmg swellmg and sbonness ofbre~th WIth orthopnea and
paroxysmal nocturnal dyspnea, The mght before admISSIon, she developed constant chest heavmess
She could not walk and was brought to the Emergency Room Actually, she was not really brought to
the Emergency Room. Her husband apparently made her finish the dishes and put them away, even
though she could hardly breathe, made her \\ alk out to the car, and he parkep III the parkmg lot away
from the Emergency Room and made her wal~ In without any aSSIStance '
On exammatlon, there was some expJratory wheezmg and scattered coarse rales, partlcularly m the right
lung field He patlenl was vlslbly dyspneIc Soft S4 and soft systol1c mUrlnur were heard There was
eVIdence ofpflor left mastectomy, and there \\as ] to 2+ edema bilaterally:
"
CBC was nonnal BUN rOse from ]6 to 25 Creatmme remained nonna] 'Electrolytes were fine
Glucose was initially 255 down to tho normal range, LIver function and calClum nonnal Drmalysls
normal BI2 level elevated at 1437 WIth a folate at 175 and hemoglobin Ale of5 8% which IS terrific.
TSH was 0 92 Unne culture was negatIve
1
EXHIBIT "B"
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RE Mary Lo u Lay
Pag~ Two
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EKG showed left aXIs deviation with left bundle branch block Chest x-ray reportedly showed no active
disease of the chest Echocardlogra11\ showed an eJedtlOn fractton of approximately 30-35% Multiple
regIonal wall 11\01l0n abnormalitIes, especially septall1'nd antenor hypokmes. There was left
ventneular dlastohc dysfunction as well The comment was made that the ~JectlOn fraction estimate on
the previous echocaldlOgram WaS beheved to be an overestlln,ate There was no slgmficanfmltral
regurgitation
DP thallium Stl ess test was tolerated well Electrocardiographic portion, of-course, shows left bundle
branch block The aural report from Dr JUflSec 1I1dlcated that there were ~o re"emble IschemiC areas
There was absent act1\'lty 11l the Infenor aspect of the hard to the apex, and tracer uptake was relatively
nonnal elsewhere Perhaps a Illlle bIt of reduction m the supellor pOl110n of the mid septum In the
absence of any reverslbll1ty, further I1lterventlon lIas not gOing to be helpfu,
ill follow up, she \\ ,11 need the follo\\lllg,
] InstltulIon of ACE inhibitor thelapy
2 InStitutIOn of Coreg therapy, if tolerated
3 Follow up of her renal functIOn and electrol)1eS
4 ASSistance, as needed WIth her tranSition to a safer hvmg environment
Sho had some irntable bowel type symptomatology, and is ~bout to underg~ ~olonoscopy 'I Will attach
an addendum If any further news IS necessary She does have a hiStory of <:510n polyps
At tillS Juncture, ,,,e felt It safe to discharge her now that she 15 no longer symptomatic With, respect to her
congestive faJlure, and we could titrate her medications as an outpatient '
Aga1l1, thank you for allowlOg us to take care of your patient Please contact me With any questIons or
concerns
Very sincerely yours,
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Richard Schreiber, M D , F A C P
RSlasap
cc Holy Spmt Hospital, Discharge Summary, MedIcal Record # 262500
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PATIENT DISCHARGE INSTRUCTIONS j t'
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This form s.erves ~~ your discharge instructions a~dg nec~, proviges orders f9r any home health ,ency follow-up.
- Follow-up apPointm,~nt" Name of Doctor cQCl 7) jCfj"jJ " .c Phon,"
Date..tTime of Appointment _ u;, , ,t
o Call your Docto}\ office within the next few days to make'an appointment dayS!~ t~om now.
If you have an~uestions before your appointment, call your doctor.
o Home Care Agency
1/01~erlmportanl, Number
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o '-('ou may resume your Reguiar Diet. Q.Spll'Cial Diet
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o You may resume normal activities as toierated 0 You may r~turl'! to work: :
o ou should restrict your activities as follows ;V (.), "cf c (v, J ' ?<1"- t ;< Y ?",~/;:,.
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DISCHARGE MEDICATIONS -- Include dose, frequency, instructions (" indicates rescrlptions given to patient) 0 None '
: NA~ QE:,l2Rw.G, 'Jtq$,g;',' ".;~~.'=iSi~t~.QF:8R\iq;-' ',i9Q$,) I~~f~~g;q$'
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o Your incision may be gently cleansed witli1 soap and water.
SURGICAL WOUND CARE -- If you have increased pain, redness or drainage fron1!Yourwound or a persistent temperature
, ,
over 100 degrees, call your doctor. '6.,[{ ? i '"2 _ y:{''0 '7 ,':'" G.;;p~~
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HOME CARE ORDERS/SPECIAL INSTRUCTIONS:
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o Med cards with food/drug interaction guide given.
After review and discuss' , patient / family / significaht other verbalizes understanding of instructiol]s and
receives copy. ' "p '....l : - '
Signature-=-of Patient / Si nt Ot hi aJz,. ,/0. tn'- t7~ '. _, .' ( ! i /
P / 'R!lJ..--- .h,"'-' I /:;
Date TIme atUf . 0 Time
J )IS Hlq~lrER
c;RLlo,L fA 17)13
IJ/14/JJ 24~-3194 f K J PPP .'
J I /HIl '1:>7 tACE 02 "!TERN I Sf,C:
LAY .MARY BO'1 QFDI09442&ZI)'
55 16'1-44-262.1
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Physician Signature
I~OLY SPIRIT HOSPITAL
Camp Hill, PA
DISCHARGE INSTRUCTIONS
Form No, 182 (11/98)
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. JCIAL SERVICE DEP ARTME},. 763-2346
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The Spirit of Caring
~HOLY
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HOSPlTAL
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(J)omestic 1Jio[ence Services
of CumGerCand' e1, Perry Counties
P.O. iBoAl1039, Car(is(e, P}l17013-6039
(717) 25!-4806 PaJ( (717) 258-1677
October 31, 2000
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To Whom It May Concern:
This letter has been written to verify that Mary Lou Lay is a victim of domestic
violence and a client of Domestic Violence Services of Cf,mberland and Perry
Counties. Mary Lou is a resident at our shelter and iru?,~IY awaiting housing.
If you have any questions, please feel free to yontact me fit 258-4806, Monday
through Friday.
Sincerely,
~ICW<6'& /I:t ';); ~
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Amanda Harrison
Resident Counselor! Advocate DVS/CP
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EXHIBIT "c"
%e officia{ registration and financia{ infomla'tion of <Domestic 'Violence Services of Cumoeruma eZ:~eny Counties may 5e D6tainee! from
the Pennsy{vania'r])epa;tment of State 6y ca{{iTlg to{[ free, within CPennsy[vania, 1 (800) 732-0999, r.RJgistmtioll does not impfy eruforsement,
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DEA # AR2334~90
Lie, # OS000612L
HARRY V. PFAUTZ, D.O.
315 N, HIGH ST.
DUNCANNON, PA 17020
(717) 8;34-3511 Fax: 834-6569 ~
Nam;:j0QQ.n.. .. .. . ~........,....:.. .Age ..>, /l '
SECURITY f'!;ATURF\3 ON BACK Date..,../... ..9..~ ,..r}!.........,
R--rhf abDVt: Mt~
pot-I~'I& LAndv.J.- mrt CLef"( t,
tOl,. (W, DiD btitc,~ HyP,d("i6~,
~NOvI P<I!0-(l.:) PQ+I €J II&- ;'
IDtll \10 c1i s(\tld Q,rJ urobJ~
REFILL , TIMES ~ vJ0 Y'u- ' ~
o LABEL ;:::; ~ " ;/I.
SUBSTITUTION PERMISSIB~ D.O, '
IN ORD!,R FOR A BRAND NAME PROD ' 0 BE ISPENSED, ,
THE PRESCRIBER MUST HAND WRITE "BRAND NECI'SSARyn qR
"BRAN!;) MEDIGALL Y NECESSARY" IN THE SF!ACE BELOW,
EXHIBIT "D"
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FARM MACHINERY AND EQUIPMENT
USED FOR OPERATING FARM OF LEO L. LAY
(as of November 1986 and compiled by Mary Lou Lay, February 23, 2001)
8 tractors, one of them not in working condition
1 hay rake
A 2 row com planter
1 hay bailer
2 drills
2 elevators
3 wagons (one held for parts) flat bed
2 com huskers
1 grind feed mill
Milking accessories, milk cans etc.
2 combines
2 disks
2 harrows (8 ft. and 6 ft.)
1 drag
1 mower (runs with tractor)
Every type of tool to fix these machines
3 bin wagons
1 grass sower
1 GMC truck
2 cars, green one and blue one
EXHIBIT "E"
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VERIFICATION
I verify that the statements made in the foregoing paper are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C. S,
Section 4904, relating to unsworn falsification to the authorities.
DATED: Z -2 to -0 I
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MARY I. L Y
9!6S>:b2:01
989~ 9ab L~L Si3IN~G:~Od~ b2;Sl 1002~22-83~
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CERTIFICATE OF SERVICE
AND NOW, this 26th day of February, 2001, I, William S. Daniels, attorney for Plaintiff,
Mary Lou Lay, hereby certify that on this day the within Complaint for Declaratory Judgment
was served by my handing a copy attested by the Prothonotary to the Defendant's attorney of
record, Edward L. Schorpp, Esquire, at the Cumberland County Courthouse at or about 8:45
o'clock A.M. on February 26, 2001 in accordance with Pa. R.C. P. 400(b) and 402(b), with a
separate document attached for Acceptance of Service by Defendant's attorney and subsequent
filing.
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William S. DanieIs, Esquire
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MARYLOU LAY,
Plaintiff
VS.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. CO(-Itl'l5' CNIL 2001
LEOL.LAY,
Defendant
: CNIL ACTION - DECLARATORY
: JUDGMENT
ACCEPTANCE OF SERVICE
I accept service of the Plaintiff's Complaint for Declaratory Judgment on behalf of
Defendant, Leo L. Lay, and certify that I am authorized to do so.
Dated:c2~ 01
~~~
Ten East High Street
Carlisle, PA 17013
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