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Home My WebLink About99-04384 -` loo ,7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STP TE OF PENNA. HENRY LAY, VERSUS MARGARET A. LAY, DECREE IN DIVORCE Plaintiff 11 No. 99 - 4384 Civil Defendant II IN DIVORCE AND NOW, &jn?.-i x,1, , L-L\ L',3 IT IS ORDERED AND DECREED THAT HENRY LAY , PLAINTIFF, AND MARGARET A. LAY ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. The terms of the Agreement of June 12, 2002 are incorporated but not merged into this Decree in Divorce. BY THE COURT: ATTE /1 J. PROTHONOTARY i!• l? c? ? goy .?? ? ?G? /l if oa ?Z?l , HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99 - 4384 CIVIL MARGARET A. LAY, Defendant IN DIVORCE THE MASTER. Today is Wednesday, June 12, 2002. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Henry Lay, and his counsel Carol J. Lindsay, and the Defendant, Margaret A. Lay, and her counsel Marcus A. McKnight, III. This action was commenced by the filing of a complaint in divorce on July 20, 1999, raising grounds for divorce of irretrievable breakdown of the marriage. The parties have provided the Master with affidavits of consent and waivers of notice of intention to request entry of divorce decree signed today and which will be filed with the Prothonotary by the Master; therefore, the divorce can conclude under Section 3301(c) of the Domestic Relations Code. An amended complaint was filed raising the economic claims of equitable distribution and counsel fees. A petition for economic relief was subsequently filed by the wife on May 30, 2002, raising on her behalf a claim for alimony and a claim for counsel fees and costs. The Master has been advised that after ,,J negotiations this afternoon the parties have reached an 1 agreement with respect to the outstanding economic issues and 1 the agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may have been made during the transcription. After the agreement has been transcribed the parties and counsel are going to return tomorrow morning to review the agreement for typographical errors and make any correction of typographical errors as required and then affix their signatures affirming the terms of settlement as stated on the record at this time. In any event, the parties are bound by the terms of settlement as h stated on the record when they leave the hearing room even though there has been no subsequent signing of the agreement affirming the terms of settlement as placed on the record. After the Master has been provided a completed agreement, he will prepare an order vacating his appointment and counsel will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Ms. Lindsay. MS. LINDSAY: The parties have agreed to a division of property which provides to wife approximately 55% of the marital estate and to husband about 45% of the marital ,? estate. 1. Wife shall retain the 1997 Chevrolet Blazer and the 1992 Chevrolet Corsica. Husband will transfer the title to these vehicles to wife within ten (10) days subsequent to her removal from his home as more particularly described below. Wife will be solely responsible for insuring the vehicles. 2. Wife will also retain $1,500.00 in cash, a York Federal certificate of deposit, York Federal accounts, including a Christmas club account. She will retain her Foot Locker retirement plan and the monies that she received already from the Venator retirement plan. She will retain the cash value of her life insurance policies. Wife will also retain the savings bonds. Wife acknowledges that husband paid her car payment for 15 months at $475.00 per month. 3. Husband will retain the 1988 Chevrolet pickup truck and his accounts at York Federal, including a money market and a Christmas account. He will retain his IRA invested with AIM and an IRA at Waypoint. Husband will also retain the value of his life insurance policies. 4. Since the parties' separation wife has been residing in a home owned b husband by prior to the marriage. Wife will vacate that home on or about August 1, 2002, leaving the home in as good as a condition as it was on the date of the parties' separation, June 15, 1999, reasonable wear and tear exceptable. 5. Witain the next thirty (30) days husband will make an appointment with wife to meet her at the marital home and to make a list of those items which wife will remove with her and those which she will leave. As a general principle, however, she will take only those items purchased by her subsequent to separation or those items brought to the marriage by her with the exception of a television set which the parties purchased during the marriage. She will leave behind a refrigerator which replaced one that was in the house at the time the parties married. The Master will open his good offices for the resolution of any issues regarding household tangible personal property should they arise. 6. Once wife has vacated the marital home and husband has had a chance to review its condition, he will, within ten (10) days of her so vacating, transfer the title to any vehicles which are jointly titled or titled in his name which wife is retaining. 7. Husband will pay to wife $175.00 per month in alimony for a period of two years, commencing August 1, 2002, and continuing on the first day of each month. Said payments will be made directly to wife until an order can be entered in the office of Domestic Relations providing for the payment through that office. Husband's obligation of spousal support shall continue through July 31st, even though the parties may be divorced before August 1, 2002, when the alimony payment is to begin. Said alimony payments will be non-modifiable except upon the death of either party, wife's remarriage, or wife's cohabitation with a member of the opposite sex within the degrees of consanguinity. Alimony shall be deductible to husband on his federal income tax return and the payments shall be reported by wife on her federal income tax return. 8. Husband withdraws his claim for counsel fees and wife withdraws her claim for counsel fees and costs. 9. If any party to this agreement breaches its terms he or she will be responsible for the counsel fees of the other party necessarily incurred to enforce the agreement. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. LINDSAY: Mr. Lay, did you have an opportunity to listen to the agreement that I dictated here today? MR. LAY: Yes. MS. LINDSAY: Is the agreement the one you want to make? MR. LAY: Yes. MS. LINDSAY: And are you satisfied with the division of property and the alimony provisions as we have set out here today? MR. LAY: Yes. THE MASTER: Do you have any questions about the agreement? MR. LAY: I don't think so. MR. MCKNIGHT: Margaret Lay, you've heard the agreement set forth in your hearing today; is that correct? MS. LAY: Yes. MR. McKNIGHT: Do you understand the agreement? MS. LAY: Yep. MR. MCKNIGHT: Are you willing to accept the terms of the agreement? MS. LAY: Yep. MR. McKNIGHT: And you understand this is the final resolution of your dispute about the division of marital property with your husband and resolves the alimony issue? MS. LAY: Yep. J MR. McKNIGHT about any of this? And do you have any questions MS. LAY: No. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: v Carol Jindsay Henry L y Attorney or Plaintiff r icKkght, III Marg et A. Lay torney for D fendant file # HENRY LAY, MARGARET A. LAY, To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99- 4384 CIVIL TERM Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) 8301(d)(}) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service signed by Marcus A. McKnight, Attorney for Defendant, Defendant, Margaret A. Lay, and filed July 30, 1999. 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff on June 13, 2002; by the Defendant on June 13, 2002. (b) 4. Related claims pending: None 5. Complete either (a) or (b). (a) o ti ? a intenliep !a fie SAIDIS SHIM, FLOWER & LINDSAY ATroxNM-AT-LAW 36 W. High Street Carlisle, PA (b) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: November 7, 2002 Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: November 7, 2002 i l 1 el Carol J. Linda ttome for Plaintiff >_ .. ?;, -_ ;'; _ J I r_ ?. _) ?) HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE MARGARET A. LAY, NO. 99- 3 rrry CIVIL TERM , Defendant : IN DIVORCE N TI E YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OP TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 Date: ( t .2(-) ?l l FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By,;,- ? r arol J. Li dsay, Esq ire ID # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 file # HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - DIVORCE NO. 99. '-/? S'! CIVIL TERM MARGARET A. LAY, Defendant IN DIVORCE COMPLAINT HENRY LAY, Plaintiff, by his attorneys, FLOWER, FLOWER & LINDSAY, P.C., respectfully represents: 1. The Plaintiff is Henry Lay, who currently resides at 1337 Pine Road, Carlisle, Cumberland County, Pennsylvania, where he has resided since June 15,1999. 2. The Defendant is MARGARET A. LAY, who currently resides at 160 Mohawk Road, Newville, Cumberland County, Pennsylvania, where she has resided since 1988. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 9, 1989, at Newville, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she/he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. file # WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. FLOWER. FLOWER & LINDSAY, P.C. Attorneys for Plaintiff Ca J. lyndsay, Esquire I D 4693 11 # st High Street Carlisle, PA 17013 (717) 243-5513 Date: 7-,9-o - !-!? file # VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Henry Lay Date: :74 3 co U cn cJ . 15_ M file # HENRY LAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99- 4384 CIVIL TERM MARGARET A. LAY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 20, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Henry Lay, Plaintiff Date: l - 1.2 -o -?- SAIDIS SHUFF, FLOWER & LINDSAY A77MNEYS•AT.uW 26 W. High Street Carlisle, PA ? . lG file # HENRY LAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99• 4384 CIVIL TERM MARGARET A. LAY, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 13301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Henry-Lay, Plaintiff Date: SAIDIS SNUFF, FLOWER & LINDSAY Arroaxers•Ar•uw 26 W. High Street Carlisle, PA ? a> :? &3 . i. N -? o U HENRY LAY, Plaintiff V. MARGARET A. LAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 994384 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 20, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: '2002 /k4' a a - Si C Q? RGARET A. LAY- u. ''. i..l LU O C?i o U HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 994384 CIVIL TERM MARGARET A. LAY, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 2002 /k? '0-' ,v-e, . iQ (Al" MARGARET A. LAY Defendant r ? ?> _? r' - ") ',,: ..- J ._??..: .? ?..y ?_. ` `-`; ` z ti , u ?-' ?: ; = _ ;, - .: ,?: ?., U U ,:.? HENRY LAY, Plaintiff V. MARGARET A. LAY, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 994394 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 11 T Date: , 2002 Q?q l ?1 iQ ( A RGARET A. LAY Co c7 =,' iii ,_ J Z ' ni U r O Henry Lay (Div.) File # 5684-99=01 HENRY LAY, Plaintiff, V. MARGARET A. LAY, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.99y3IVIL TERM IN DIVORCEE ACCEPTANCE OF SERVICE I, MARCUS A. McKNIGHT, III, ESQUIRE, hereby accept service of the Complaint in Divorce filed in the above captioned case on behalf of MARGARET A. LAY, Defendant, this e?g? day of , 1999. Marcus A. Mc fight, I, Esquire 6661 6 z inr HENRY LAY, VS. Plaintiff MARGARET A. LAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4384 CIVIL IN DIVORCE ORDER OF COURT N AND NOW, this ?? day of 2002, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on June 13, 2002, the date set for a four-party conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: Carol J. Lindsay Attorney for Plaintiff imarcus A. McKnight, III Attorney for Defendant _A*?) GGe7or#re E. Hoffer, .J. OF 1, ",9Y 02 .-Iti'l 1 11 A i 10, r'<< .4 l HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99 - 4384 CIVIL MARGARET A. LAY, Defendant IN DIVORCE THE MASTER: Today is Wednesday, June 12, 2002. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Henry Lay, and his counsel Carol J. Lindsay, and the Defendant, Margaret A. Lay, and her counsel Marcus A. McKnight, III. This action was commenced by the filing of a complaint in divorce on July 20, 1999, raising grounds for divorce of irretrievable breakdown of the marriage. The parties have provided the master with affidavits of consent and waivers of notice of intention to request entry of divorce decree signed today and which will be filed with the Prothonotary by the Master; therefore, the divorce can conclude under Section 3301(c) of the Domestic Relations Code. An amended complaint was filed raising the economic claims of equitable distribution and counsel fees. A petition for economic relief was subsequently filed by the wife on May 30, 2002, raising on her behalf a claim for alimony and a claim for counsel fees and costs. The Master has been advised that after negotiations this afternoon the parties have reached an v agreement with respect to the outstanding economic issues and the agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may have been made during the transcription. After the agreement has been transcribed the parties and counsel are going to return tomorrow morning to review the agreement for typographical errors and make any correction of typographical errors as required and then affix their signatures affirming the terms of settlement as stated on the record at this time. In any event, the parties are bound by the terms of settlement as stated on the record when they leave the hearing room even though there has been no subsequent signing of the agreement affirming the terms of settlement as placed on the record. After the Master has been provided a completed agreement, he will prepare an order vacating his appointment and counsel will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Ms. Lindsay. MS. LINDSAY: The parties have agreed to a division of property which provides to wife approximately 55% of the marital estate and to husband about 45% of the marital estate. 1. Wife shall retain the 1997 Chevrolet Blazer and the 1992 Chevrolet Corsica. Husband will transfer the title to these vehicles to wife within ten (10) days subsequent to her removal from his home as more particularly described below. Wife will be solely responsible for insuring the vehicles. 2. Wife will also retain $1,500.00 in cash, a York Federal certificate of deposit, York Federal accounts, including a Christmas club account. She will retain her Foot Locker retirement plan and the monies that she received already from the Venator retirement plan. She will retain the cash value of her life insurance policies. Wife will also retain the savings bonds. Wife acknowledges that husband paid her car payment for 15 months at $475.00 per month. 3. Husband will retain the 1988 Chevrolet pickup truck and his accounts at York Federal, including a money market and a Christmas account. He will retain his IRA invested with AIM and an IRA at Waypoint. Husband will also retain the value of his life insurance policies. 4. Since the parties' separation wife has been residing in a home owned by husband prior to the marriage. Wife will vacate that home on or about August 1, 2002, leaving the home in as good as a condition as it was on the date of the parties' separation, June 15, 1999, reasonable wear and tear exceptable. 5. Within the next thirty (30) days husband will make an appointment with wife to meet her at the marital home and to make a list of those items which wife will remove with her and those which she will leave. As a general principle, however, she will take only those items purchased by her subsequent to separation or those items brought to the marriage by her with the exception of a television set which the parties purchased during the marriage. She will leave behind a refrigerator which replaced one that was in the house at the time the parties married. The master will open his good offices for the resolution of any issues regarding household tangible personal property should they arise. 6. Once wife has vacated the marital home and husband has had a chance to review its condition, he will, within ten (10) days of her so vacating, transfer the title to any vehicles which are jointly titled or titled in his name which wife is retaining. 7. Husband will pay to wife $175.00 per month in alimony for a period of two years, commencing August 1, 2002, and continuing on the first day of each month. Said payments will be made directly to wife until an order can be entered in the office of Domestic Relations providing for the payment through that office. Husband's obligation of spousal support shall continue through July 31st, even though the parties may be divorced before August 1, 2002, when the alimony payment is to begin. Said alimony payments will be non-modifiable except upon the death of either party, wife's remarriage, or wife's cohabitation with a member of the opposite sex within the degrees of consanguinity. Alimony shall be deductible to husband on his federal income tax return and the payments shall be reported by wife on her federal income tax return. 8. Husband withdraws his claim for counsel fees and wife withdraws her claim for counsel fees and costs. 9. If any party to this agreement breaches its terms he or she will be responsible for the counsel fees of the other party necessarily incurred to enforce the agreement. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. LINDSAY: Mr. Lay, did you have an opportunity to listen to the agreement that I dictated here today? MR. LAY: Yes. MS. LINDSAY: Is the agreement the one you want to make? MR. LAY: Yes. MS. LINDSAY: And are you satisfied with the division of property and the alimony provisions as we have set out here today? MR. LAY: Yes. THE MASTER: Do you have any questions about the agreement? MR. LAY: I don't think so. MR. McKNIGHT: Margaret Lay, you've heard the agreement set forth in your hearing today; is that correct? MS. LAY: Yes. MR. McKNIGHT: Do you understand the agreement? MS. LAY: Yep. MR. McKNIGHT: Are you willing to accept the terms of the agreement? MS. LAY: Yep. MR. McKNIGHT: And you understand this is the final resolution of your dispute about the division of marital property with your husband and resolves the alimony issue? MS. LAY: Yep. MR. McKNIGHT: about any of this? MS. LAY: No. And do you have any questions I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. DATE: 3/ 61Z, Henry Lay I Marga t A. Lay WITNESS: HENRY LAY, Plaintiff vs. MARGARET A. LAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 4384 CIVIL IN DIVORCE CONFERENCE WITH OMSEL AND PART? S TO: Carol J. Lindsay Henry Lay Marcus A. McKniyht, III Margaret A. Lay Counsel for Plaintiff Plaintiff Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 12th day of June, 2002, at 1:30 p.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: 5/17/02 E. Robert Elicker, II Divorce Master HENRY LAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARGARET A. LAY 99-4384 CIVIL TERM , Defendant IN DIVORCE PROPOSED SETTLEMENT DISTRIBUTION HUSBAND: I. Automobiles: Truck Trade-In .... .....................................................$2 500 00 2. IRA-W aypoint ............................. , . .................. 9 036 2 3. AIM Fund (needs u dat d ..................................... , . 9 4. p e ) ......... Retirement .................................... .......................................................5,196.52 ... 2 5. Savings .................... ................................................. 5,000.00 6. ..................... Savings Bonds (estim t d .........................................................500.00 a e ) ........... ......................................................5,000.00 Increase in Value of Real Estate .. Total ..................... $47,232.81 ..................................................$25 000.00 , Total .................... $72,232,.81 WIFE: 1. Savings Bonds (9) $100.00 ..............................................................$800.00 2. Certificates of Deposit ..................................................................... ..... ..$800.00 3. Savings Withdrawal ...........................................................................3,628.98 4. Insurance (cash value) ...........................................................................492.07 Insurance (cash value) ........................................................................1,741.20 5. Retirement (Venator Group) ................................................................567.30 6. Foot Locker Pension .................................................................................* 7. Vehicles (1997 Corsica) .....................................................................2,5.00.00 (1997 Blazer) .......................................................................7,800.00 Annuity of $225.00 monthly at retirement. Total ........................ $23,104.55 " Permanent alimony of $350.00 per month until Margaret Lay retires. Respectfully submitted, IRWIN, Mc By: alai rcus A. McKnight, ,Esq. 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: June 12, 2002 Attorney for Defendant t I I Q i I I o O I I I y 00 < to z I O I O Q I G O W l U I m l W 3 O u G <_ 0 ? W N ? I LL Z w U I N < N Z y m Z tnO n =I z ^ N ~ a 0 Y N _ r ?IZ I O O Io a IUI W IO L ¢ I o 0 x M 7 < O m Ip l w > I a f I ? 3 z _ u? LL ° o F I I? N I u m O Ia r > 3 ¢ zI3 mv? 0 0 y. S w LL 0 rn } ''? 1 0 0? o 0 3 z 0? zIZ ?o a tl` ! Q r.7 ? m w Z s o o _ rn O 2 Q O ry = Z 7 i N LL O N \ f O m U n ^ n O U d U U N V r _ >> a a O 'a n LL a O j 0 O O U O LL 0 l) LWU WW < pp pp 66Q u N O p n m n O O ? n p p n 4] m ?7 n O N A ? U_ T > r N N N ry ) n N Q p O `? r O .- ON N M H M 1 y O O W O N lV 7 l0 O O O O 0 O <, O O N N N ( 7 O N n O ai ^ Z J ry N T Q N J ? ? w ? la O U O O O N U Z J -6 W 0 Z O O n p N Q N W O, ? ^ n 0 M O _ (7 C U d p f? U o iY W Z ONi N 41 = p O N N p d Y N n ry O Q N n O Z O N N v i U p H O N W W n Z . 3 3 3 3 o m Q m O a c ?¢ °m ° ° rn ¢ o rZ- Z x p m n a N O U } U W O O m O O x W W W ' Q Q Q 2 N >> T - o © h a x m Q W F F H H O U' m Vn x w w w w w O O a d U Z U m Z I? i u '^ 2 S S u w W Z K Z Z Z W U U U Q LL ?- LL LL LL LL LL U a G z O Q 2 Q N I: rn m c ¢¢ C ¢ C N Q 3 U F- Q . mm p 7 7 7 ( Y N t O u° m 6 z p ¢ ao > rn m rn A 0 0 0 0 0 0 M Q< Q' N Z Z Z > m T}} Y Y}} x O; K K K I O L 0 0 N rn _ g 0 N . V w y z O Z N Q = Z z I F h N N Q Q °c Q 7 7 O w °a a z ° N v n OIO T Iz Q Q W U g n m z lL N N lW 3: 7p N 1 t = z a Cl) - I 3 3 z z 2 W O O N N fA N N U) = _ 0 T T Z Z }}}} } LLI } } y > Z Z Z Z Z v M HENRY LAY VS. MARGARET A. LAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW NO. 99-4384 CIVIL 19 IN DIVORCE. Defendant STATUS SHEET DATE: ACTIVITI'E'S`: i ib'Y p riL •' p , •??- ell 1J ICL ??? ??? G', 60 dLY- M, q.M. r HENRY LAY, Plaintiff VS. MARGARET A. LAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4384 CIVIL IN DIVORCE TO: Carol J. Lindsay Marcus A. McKnight, III Attorney for Plaintiff Attorney for Defendant DATE: Thursday, August 30, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL]. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER FORREST N. TROUTMAN, If E. Robert Elicker, ll, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE Dear Mr. Elicker: February 19, 2002 Lay v. Lay No. 99 - 4384 Civil WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE We completed Mrs. Lay's deposition and this case is ready to proceed. Would you kindly provide us notice of the date upon which Pre-Trial Statements are due. Thank you for your help. Very truly yours, SAIDIS, SHUFF ER & LINDSAY, P.C. Carol J. Linds v LAW OFFIC E SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222- FACSIMILE: (717) 243-6510 EMAIL: clindsay®ssn-law.com www.ssfl-law.com CJUtjb cc: Henry Lay Marcus McKnight, Esquire 4h OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer February 21, 2002 Office Manager/Reporter Carol J. Lindsay Attorney at Law SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 West Shore 697-0371 Ext. 6535 Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 RE: Henry Lay vs. Margaret A. Lay No. 99 - 4384 Civil In Divorce Dear Ms. Lindsay and Mr. McKnight: I have received notification from attorney Lindsay that the deposition of Mrs. Lay has been completed and requesting that we proceed with a directive for pretrial statements. A divorce complaint was filed on July 20, 1999, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. An amended complaint in divorce was filed on August 22, 2001, raising economic claims of equitable distribution and counsel fees on behalf of the Plaintiff. No claim for alimony has been raised by either party. I assume that both parties will sign affidavits of consent and waivers of notice of intention to request entry of divorce decree or have been separated for a period in excess of two years so that the divorce can be concluded under one of the no-fault sections of the divorce code. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday, March 15, 2002. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss Ms. Lindsay anti Mr. McKnight, Attorneys at Law 21 February 2002 Page 2 the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. HENRY LAY, Plaintiff VS. MARGARET A. LAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 4384 CIVIL IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Carol J. Lindsay Marcus A. McKnight, 1_11 , Attorney for Plaintiff , Attorney for Defendant A pre-hearing conference has been scheduled at the office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 17th of may, 2002, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 3/26/02 E. Robert Elicker, II Divorce Master SEP 1 4 20(? HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 4384 CIVIL MARGARET A. LAY, Defendant IN DIVORCE TO: Carol J. Lindsay Attorney for Plaintiff Marcus A. McKnight, III Attorney for Defendant DATE: Thursday, August 30, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE fCCOUN L OR P AINTI ( ) EL FOR ENDANT (X ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. LAW OFFICES IRWIN McKNIGHT & HUGHES WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER R. IRWIN CARLISLE, PENNSYLVANIA 17013-3M HAROLD S IRWIN (1915-1977) MARCUSA. McKNIGHT, HI JAMES D. HUGHES (717) 248-2353 HAROLDS. IRWIN, JR. (1954-1986) REBECCA R. HUGHES FAX (717) 2484354 IRWIN, IRWIN @ IRWIN (1956-1986) IRWIN. IRWIN a McRNIGHT (1986.1994) MARKOSCHWAR77 DOUGLAS G. MILLER EMAIL: IMHLAWOSUPERNET.COM IRWIN McKNIGhT@HUGHES (1994-) September 13, 2001 E. ROBERT ELICKER, II, ESQUIRE OFFICE OF DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, PA 17013 RE: HENRY LAY v. MARGARET A. LAY Dear Bob: I have enclosed the Discover Certificate on behalf of my client, Margaret A. Lay. Please proceed with scheduling the Pre-Trial Memorandum and Pre-Hearing Conference. Very truly yours, IRWIN, Mg<NIGHYA HUGHES A. MAM:sls Enclosure cc: Carol J. Lindsay, Esquire Ms. Margaret A. Lay II iI i LAW OFFIC E JAMES D. FLOWER JOHN E. SLIKF- ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL]. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER FORREST N. TROUTMAN, If E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Dear Mr. Elicker: November 26, 2001 Lay v. Lay No. 99 - 4384 Civil WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE I enclose the Certification which has been delayed due to the fact that we do have some additional discovery outstanding. That is because in the response to the request for production of documents, we discovered the existence of some accounts about which we have no knowledge. We are taking Mrs. Lay's deposition on December 19, 2001 and the Deposition Notice requires her to produce some documents that should complete the matter. I would ask for an Order requiring a Pre-Hearing Memorandum. These parties have been separated for over two years, and Mr. Lay would like to move to divorce. Thank you very much for your help. Very truly yours, SH Carol CJUtib Enclosure cc: Henry Lay (w/encl) Marcus McKnight, Esquire (w/encl) SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6510 EMAIL: clindsay®ssn-law.com www.ssfl-law.com & LINDSAY, P.C. HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 4384 CIVIL MARGARET A. LAY, Defendant IN DIVORCE TO: Carol J. Lindsay Attorney for Plaintiff Marcus A. McKnight, III Attorney for Defendant DATE: Thursday, August 30, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. ? s as ?v?zy?is k ? tai /k cl ?/I vY?/L'?LL9Yt ?YS c2/•CzL, L1 Cif V ltlw ?`???F?,?L ?eu<f /%•'LCL? CCL'LC'u.Gt? (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. / `' 6Ck/tFlli&'? ' L ? y°t' )qi ZCC1 6-1t; y , DATE COUNSE F PLAI TIFF ( ) COUNSE F R DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. AUG 3 1 20M HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BY THE COURT, MARGARET A. LAY, . Defendant NO. 99-4384 CIVIL TERM ORDER OF COURT AND NOW, this 22"d day of August, 2001, upon consideration of Plaintiffs Petition for Contempt, a hearing is scheduled for Monday, October 8, 2001, at 2:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant :rc /p, ? VOW J esley Oler, J(' J. .C K0c, :;; ?-,- _::,. :. J'rJIY Cut::?,.._.,., ,. file # Vs. MARGARET A. LAY, Defendant/Respondent ORDER OF COURT HENRY LAY, Plaintiff/Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001, SAIDIS SHUFF, FL DER & LINDSAY ArroxHers.AT•IAW 26 W. High Street Carlisle, PA AND NOW this CIVIL ACTION - DIVORCE NO. 99- 4384 CIVIL TERM IN DIVORCE day of upon consideration of the within Petition for Contempt, Margaret A. Lay is hereby ordered in contempt of this Court and is ordered to pay reasonable attorneys' fees incurred by Petitioner in the attempt to obtain discovery. The amount of the attorneys' fees reasonably incurred shall be determined by the Divorce Master. ADDITIONALLY, as a condition of purge for contempt, Margaret A. Lay is ordered to provide documentation of the disposition of her severance, evidence of its amount, and evidence of a purchase of a certain vehicle set out in the discovery requests. cc: Carol J. Lindsay, Esquire Marcus A. McKnight, III, Esquire By the Court, J. file # HENRY LAY, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99- 4384 CIVILTERM MARGARET A. LAY, Defendant/Respondent IN DIVORCE PETITION FOR CONTEMPT NOW COMES HENRY LAY, by and through his counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. On November 30, 2000 this Honorable Court entered a Rule to show cause on Margaret A. Lay, Defendant, on a Motion to Compel Discovery. Service of the Rule was accomplished on December 6, 2000. No discovery was produced. 2. The Rule was made absolute on January 17, 2001, at which time an SAIDIS SHUFF, FLOWER & LINDSAY etTan¢rs•AnuW 16 W. HISh S1r"I Carlisle, PA Order was issued directing the Defendant to provide the discovery requested. The Order was served on counsel for the Defendant on January 22, 2001. A copy of the transmittal letter is attached hereto as Exhibit "A". 3. On March 6, 2001, and again on March 20, 2001, Defendant filed partial answers to the discovery requested. Defendant failed to provide documentation of her disposition of the severance and evidence of a purchase of a certain vehicle set out in the discovery request. 4. On March 21, 2001 a Petition for Contempt was filed by the Petitioner and a Rule was issued by this Court to show cause why the Respondent should not file # be held in contempt of Court. A copy of the Petition is attached hereto as Exhibit "B". The Rule was returnable 20 days from the date of service. 5. The Rule was served on April 2, 2001. 6. The remaining discovery has not been provided, nor has there been an answer to the Petition. WHEREFORE, Petitioner prays this Honorable Court to hold Margaret A. Lay in contempt of its Order of January 17, 2001, and to Order Margaret A. Lay to provide the information regarding her severance pay and the disposition of the vehicle, and furthermore, to pay the reasonable attorneys' fees incurred in obtaining discovery. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff C By: (&o6\ Caro J. Lind ay, Esquire I 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEMAT-LAW 26 W. High Street Carlisle, PA file # VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Car I indsay, uire Date: SAIDIS SHUFF, FLOWER & LINDSAY ArroaMeys•AT•uw 26 W. High Street Carlisle, PA file # HENRY LAY, Plaintiff/Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99- 4384 CIVIL TERM MARGARET A. LAY, DefendanURespondent IN DIVORCE CERTIFICATE OF SERVICE AND now, this day of 5 , 2001, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Contempt this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEY&Ar iwW 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff 11 East High Street Carlisle, PA 17013 (717) 243-5513 B ??Z. . v: aro J. Lindsay, Esq Ire I 44693 LAW OFFICES SAIDI9, SNUFF, FLOWER & UIVDSAYP - A PROFESSIONAL CORPORATION 47 r JAMES D. FLOWER JAMS J E.. FL LK E 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 , ROBERT C. SAIDIS TELEPHONE: (717) 243.6222 - FACSWLE: (717) 243.6486 GEOFFREY S. SNUFF EMAIL: Adomey®ssfl-law.com JAMES D. FLOWER, JR. CAROL J LINDSAY DSAY WEST' SHORE ow . JOHNN J. Y J. KOPE KY 21092109 GIMP HILL. PA 17011 KARL M. LEDEBOHM TELEPHONE: (717)737-3405 JOSEPH L HITCHINGS FACSIMILE: (717)737-3407 THOMAS E. FLOWER REPLY TO dFfiCrF Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 April 2, 2001 RE: Lay v. Lay No. 99-4384 Civil Term Dear Marcus: Please find enclosed the Court's Order providing Mrs. Lay until 20 days from the date of this letter to provide the rest of the discovery requested. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. CJUryb Carol J. Lindsay Enclosure cc: Henry Lay HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Movant CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE MARGARET A. LAY, NO. 99- y 3?y CIVIL TERM Defendant/Respondent IN DIVORCE ORDER OF COURT AND NOW this _ Z), {h day of , 2001, upon consideration of the within Petition for Contempt, a Rule is issued upon Respondent to show cause, if any, why she should not be held in contempt of this Court's Order of January 17, 2001 and ordered to pay reasonable attorneys' fees incurred to obtain discovery. RULE returnable _ zQ days from the date of service hereof. By the Court, J. cc: Carol J. Lindsay, Esquire Marcus A. McKnight, III, Esquire 26 W. ekk sh,94 CugdlM PA TR!.:%' CC^Y FROM RECORD b Test ;pony wh,:reof, I here unto set my hand and L sa d u at Carlile, Pa. Thi ?..lY?a., (IL PrPr th.. ? !J F- a b ? r {te 1+ \ i ' •'JUIi 1 !1 >nnr? file# S &0JSAID5. FLOWER Mawazo 26 W. ulgh Weca C&AWe, PA HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plalntiff/Movant CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99- 13W4 CIVIL TERM MARGARET A. LAY, Defendant/Respondent IN DIVORCE ORDER OF COURT AND NOW this 7_ ?- F? day of Mzj e.(t 2001, upon consideration of the within Petition for Contempt, a Rule is issued upon Respondent to show cause, if any, why she should not be held in contempt of this Court's Order of January 17, 2001 and ordered to pay reasonable attorneys' fees incurred to obtain discovery. RULE returnable Zo days from the date of service hereof. cc: Carol J. Lindsay, Esquire Marcus A. McKnight, III, Esquire 10 i C ?3- q0 By the Court, file # HENRY LAY, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION • DIVORCE NO. 99• 4384 CIVIL TERM MARGARET A. LAY, Defendant/Respondent IN DIVORCE PETITION FOR CONTEMPT NOW COMES HENRY LAY, by and through his counsel, SAIDIS, SNUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: On November 30, 2000 this Honorable Court entered a Rule to show cause on Margaret A. Lay, Defendant, on a Motion to Compel Discovery. Service of the Rule was accomplished on December 6, 2000. No discovery was produced. 2. The Rule was made absolute on January 17, 2001, at which time an Order was issued directing the Defendant to provide the discovery requested. The Order was served on counsel for the Defendant on January 22, 2001. A copy of the transmittal letter is attached hereto as Exhibit "A". 3. On March 6, 2001, and again on March 20, 2001, Defendant filed partial SAIDIS SNUFF, FLOWER answers to the discovery requested. Defendant failed to provide documentation of her & LINDSAY AWORN 6•ATNAW 26 W. High street disposition of the severance and evidence of a purchase of a certain vehicle set out in Carlisle, PA the discovery request. file r# 4. Plaintiff has incurred attorney's fees attempting to obtain discovery so that his case may be listed for resolution by the Divorce Master. A copy of the statement of counsel for Plaintiff/Petitioner is attached hereto as Exhibit "B". WHEREFORE, Petitioner prays this Honorable Court to enter a Rule upon Respondent to show cause why she should not be held in contempt of this Court's Order of January 17, 2001, and why she should not be compelled to pay reasonable counsel fees incurred by Petitioner in his attempt to obtain discovery permitted by the Rules of Civil Procedure. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff SAIDIS SH JUF FLFLOW 26 W. M& weal CurWk, PA Carlisle, PA 17013 (717) 243-6222 file'# HENRY LAY, Plaintiff/Movant VS. MARGARET A. LAY, Defendant/Respondent CERTIFICATE OF SERVICE AND now, this 0 day of.2001, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 99- CIVIL TERM IN DIVORCE Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 SAIDIS SHUFF FLOWER &IMSAY a 26 W. High drtM GrWk, PA SAIDIS, SHUFF, FLOWER & LINDSAY Attornevs for Plaintiff By: 11 East High Street Carlisle, PA 17013 (717) 243-5513 LAW OFFICES JAMES D. FLOWER JOHN E. SLUM ROBERT C. SAIDIS GEOFFREY S. SHLIFF JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER SAIDIS, SI ILTFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-622? - FACSINME:,(717) 243.6486 EMAIL: attorneyGssfl-law.com WEST % >?O=- 2109MARKETSI EET CAMP HILL, PA 17011 TELEPHONE: (717)737-34oS FACSIMILE: (717)737.3407 REPLY TO RT IS F January 22, 2001 Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 RE: Lay v. Lay No. 99-4384 Civil Term Dear Marcus: I enclose a copy of the January 17, 2001 Court's Order directing Margaret Lay to provide the discovery requested in the Motion to Compel Discovery. She has 20 days from today's date in which to do so. Thank you for your assistance. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. ._ . 1-11 E I— Carol J. Lindsay CJUtjb Enclosure cc: Henry Lay (w/encl) Feb 27/2001 Saidis, Shuff 6 Masland F?J Page 1 Client Ledger ? I `? Entryl Explanation Rcptl Rcpts Disbs Fees Invl Acc Rcpts Disbs Balance 4196 Lay, Henry E. 2000-5664 Divorce - 5664-99-01 Aug 1/2000 Fees To Lawyer 14 0.00 23465 253564 Balance Brought Forward Aug 3/2000 Lawyer: 14 0.20 Mrs X 175.00 35.00 23465 254240 Aug 10/2000 Lawyer: 14 0.30 Mrs X 175.00 52.50 23465 254252 Letter and appeal support order. Sep 13/2000 BILLING ON INVOICE 23465 0.00 23465 257910 FEES 87.50 Sep 27/2000 Henry Lay 20018 87.50 260064 PHI - Client Paying Bill Jan 9/2001 BILLING ON INVOICE 25357 0.00 25357 274931 Jan 9/2001 Lawyer: 14 0.60 Mrs X 175.00 105.00 25733 275234 Draft petition for rule absolute, letter to client. Feb 6/2001 BILLING ON INVOICE 25733 0.00 25733 278853 FEES 105.00 Feb 13/2001 Henry Lay 01361 105.00 280255 PHI - Client Paying Bill I - ?NBILLED i BILLED - - i d -BAEldl ES I - TOTALS CHE+ RECOV FEES+ = TOTAL DISBS + FEES + TAX - RECEIPTS - A/R TRUST PERIOD 0.00 0.00 0.00 0.00 0.00 192.50 0.00 192.50 0.00 0.00 END DATE 0.00 0.00 0.00 0.00 0.00 192.50 0.00 192.50 0.00 0.00 I -tlNBILLED - --I- I Sib ED -i i -BALANCES I - FIRM TOTALS CHE+ RECOV FEES+ = TOTAL DISBS + FEES + TAX - RECEIPTS - A/R TRUST PERIOD 0.00 0.00 0.00 0.00 0.00 192.50 0.00 192.50 0.00 0.00 END DATE 0.00 0.00 0.00 0.00 0.00 192.50 0.00 192.50 0.00 0.00 Report: Client Ledger Requested by: Susan Finished: Tuesday, February 27, 2001 at 09:06:47 AM Date Range: ALL DATES Matters: 2000-5664 Clients: All Major Clients: All Firm Totals Only: No Responsible Lawyer: All Entries Shown - Billed Only: No Introducing Lawyer: All Entries Shown - Disbursements: Yes Assigned Lawyer: All Entries Shown - Receipts: Yes Type of Law: All Entries Shown - Trust: Yes Sort by Resp Lawyer: No Entries Shown - Time or Fees: Yes New Page for Each Lawyer: No Working Lawyer: No New Page for Each Matter: No Incl. Matters with Retainer Bal: No Totals Only: No Incl. Matters with Neg Unbid Disb: No No Activity Date: Dec 31/2199 Trust Account: All Ver: 5.02.20000928 Show Client Address: No '? `?' r ", c: _ _ e _ `? 't l LI }. _ ? ;V ?_ -'-lL IL. °J !.3 ;-? d ??X? ^c i r n G ? ~al ? ? 4ee a! ? d ?i ? ? ? LL S ] ys U O O W 3 a ??rr ?..? ? ? = N N p v fV N V `` r ..1 ? " 3 C C Q u ? u ?r;.yR .u .u ?pp?? HENRY LAY, Plaintiff/Petitioner VS. MARGARET A. LAY, DefendantiRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 99- 4384 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW this Irl day of ?23) v y 2001, it appearing that no answer to the Rule issued by this Court on November 30, 2000 has been filed, the Rule is made absolute. Margaret A. Lay is ordered and directed to provide the discovery requested in the Motion to Compel Discovery filed by Plaintiff herein on November 29, 2000 within days of the date of this Order. By the Court, SAIDIS, SHUFF & MASLAND AmANKMANAW 26 W. High Slr"t Carlidc, PA cc: Carol J. Lindsay, Esquire Marcus A. McKnight, III, Esquire J. ail dl -r17-ai 'RX3 7, i ::: 4s I i'iti'i' ! 0 :'i. °" I HENRY LAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - DIVORCE :NO. 99- 4384 CIVIL TERM MARGARET A. LAY, Defendant/Respondent : IN DIVORCE PETITION FOR RULE ABSOLUTE NOW COMES HENRY LAY, by and through his counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court for a Rule Absolute as follows: 1. On November 30, 2000, this Honorable Court entered an Order on a Motion to Compel Discovery filed by Petitioner seeking a Rule to show cause why the discovery requested through counsel had not been provided. A copy of the Order and Motion are attached as Exhibit "A". 2. The Rule was returnable 20 days from the date of service. 3. Service of the Rule was accomplished on December 6, 2000. A copy of the transmittal letter is attached hereto as Exhibit "B". 4. Twenty days have passed and the discovery requested has not been provided, nor has the Rule been answered. WHEREFORE, Petitioner prays this Honorable Court to enter a Rule Absolute requiring the Respondent to provide the discovery requested. SAIDIS, SAIDIS, SHUFF, FLOWER 8, LINDSAY, P.C. SHUFF & Attorneys for Plaintiff MASLAND dTIl16I W-ANAW 26 W. High Street Carlisle, PA By: ?t? /, /' 1 . Lindsay, squire I 44693 3 26 West High Street Carlisle, PA 17013 (717) 243.6222 HENRY LAY, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - DIVORCE :NO. 99- 4384 CIVIL TERM MARGARET A. LAY, Defendant/Respondent : IN DIVORCE CERTIFICATE OF SERVICE AND now, this lap- day of; 6'G 2001, f Carol J. Lindsay, Esquire, of the law f nr?o SAIDIS, H FF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Rule Absolute this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: _. < Cat'oI . Lindsay, Esquire SAIDIS, ID 4693 SHUFF & 11 East High Street MASLAND Carlisle, PA 17013 ATrouaxs-Anuw 26 w. High street (717) 243-5513 Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 4?aro J. Lindsay Date: SAIDIS, SHUFF At MASLAND AUMILM MAT"W 26 W. High Street While, PA 76 W. kw OFFICES ? al ? /l V r } fr: FLOWER & LINDSAY CER7VIB6 copy =109. DEC 0 5 CAMP}Oly, PA 17011 ' PHONEn17)7773W3' •,F• •ip. r' („ HENRY LAY, Plaint(ff/Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION DIVORCE MARGARET A. LAY, NO. 99- y3e6 '-/CIVIL TERM Defendant/Respondent IN DIVORCE ORDER OF COURT $H SAIDIS ?FLOWEP & SAY 36 W. EDO strw Caei1W, PA AND NOW this 3-to+_ day of OI/ 2000, upon consideration of the within Motion to Compel Discovery, a Rule is issued upon Respondent to show cause, if any, why the discovery requested should not be provided. RULE returnable Q days from the date of service hereof. By the Court, /S J. cc: Carol J. Lindsay, Esquire Marcus A. McKnight, III, Esquire Me# n -n. r1 HENRY LAY, IN THE COURT OF COMMON4iLEA$ OF . Ptaintiff/Movant CUMBERLAND COUNTY, P IQNSYLVANIA `. VS. CIVIL ACTION - DIVORCE NO. 99- CIVIL TERM', `-. MARGARET A. LAY, DefendantlRespondent IN DIVORCE MOTION TO COMPEL DISCOVERY NOW COMES HENRY LAY, by and through his counsel, SAIDIS, SNUFF, FLOWER & LINDSAY, and moves this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on August 9, 1989, at Newville, Pennsylvania, and separated on or about June 15, 1999. 2. Informal discovery has proceeded in this case. On or about September SAIDIS S" $11L5. ZFLOWER 36 W. cars" PA 28, 1999, Movant, through counsel, made a request for discovery informally by letter addressed to counsel for Respondent. A copy of the September 28, 1999 letter is attached hereto as Exhibit "A". 3. On August 3, 2000, the undersigned sent a reminder letter seeking discovery within 20 days. A copy of the August 3, 2000 letter is attached hereto as Exhibit "B". 4. No response to the discovery requested has been provided. fie # WHEREFORE, Movant prays this Honorable Court to issue a Rule upon Respondent to show cause why she should not be required to produce those items of discoverable information set out in the letter of August 3, 2000 attached hereto. SAIDIS, 3HUFF, FLOWER 8, LINDSAY, P.C. Attorneys for Plaintiff By: C9roTJ:Tnd 44693 sy, Esquire 26 West High Street Carlisle, PA 17013 (717)243-6222 S L FF?FiA elMEIMMe8 xs w H4*sa..t CadWa, PA file # HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Movant CUMBERLAND COUNTY, PENNSYLVANIA VS. MARGARET A. LAY, DefendantlRespondent CIVIL ACTION - DIVORCE NO. 99- CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE _ 16 Wd, AND now, this---l ? day of 2000, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Motion to Compel Discovery this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 SAIDIS SKFms" elm 26w Skh Sb,4 CaAWq PA SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: Carlisle, PA 17013 (717) 243-5513 If Wj Ep i? Y ? N m 4 ? R a 4 ! 3 ?yyb I4 cC IR ` a° IY EEI 7 ZsM t C 9 O1 N E - N gg? ptltl+ flog M1I I-ji 0 0 2'?q WIMP r ?aS m T q _ _ ?? y C E? mo m$ e ? Y s ?, °?? r a .r ? fL, eg?u3m z U mm@@@@SSTT Lgg? _ m G'??aUe-? ?mF =a.? ? s EE?pp ?q3 q .0. q y v V i>>6..-mELgmy C> y E''S0p'?E3?L°dmm p> y C` ? e? v L= S > L _ O $? R O _ rt LL m C E LLEGSS ry? 0? 9 !? m?m?5yzb° ?c'i' m q?' Ea Nn? ?wE rn?o ?mw? U q .4 _ p - 3=$ Q?ma aaZE a mq N ma m6am _ o G°j g4C?'O NCIGC E DN ov>m`> m m L a H y m Sm mp e° > s O p O q L_ m {A N ° Gzi m m A^ a'E 4` m?o8' >a t7CC?E n q L 9 3 a o 'g mg° = gc >,-aE w e da ?0?3 ? .? meE TmSA Q S 6 T q> d [7 q8?n S m L m 'S m m -tl m p?o.m aL a"o FS h WSW p Pu !:s _ Z[. ^O N •??m{5pE? m 0 N u s Q O (? t7j ? 3 - n 0 d??a ,°-? m 8o NNmN.4 N7' m•m1 ? a'?i? ?10 ?°x 330.E m $? $a N y ??'OU O w'`o3 ?L 9'v n?`uE mnomy t v m ^ C Q ??Nry00Ei ?ryE-O m?y .E E9 mt-mm - m,p@ cc^m <= EO E°=or. O L. m? ? g C m N >.L y m= p ° m m L m E m •z _ dmg>? : 3a-5s? Early v QQ €=N+?c °mE o ??m394S coWga Lm^t? mtp€- $ 8¢ [o? ? N y R T p? a m ` m C m g T q m N ?E p? i w d m O1 om cam6 °$n m Tc d SA?'6 $ E q ??36? 'Eq?c 484'.€ ?? miy4t ^m ?o_'?Av' 8?g m p8n5? qg=s mc?ag ?mj8 ? 3? 8_ g n c c g t$ ?$ e t p ^ N d ?y?E??a °m5 `mm $$G•?jm1 03 m ?`mR.v >pm .C ?qs N[y?pm1N L_ O? y d d a mm `"yN maP qq T 3vt`o=? w?`m? `?v-Eo LAW OFFICES SAUDIS, SHUFF, FLOWER & LINDSAY JAMES D. FLOWER JOHNF SLME ROBERTC SAMES GEOFFREY S. SNUFF JAMES D. FLOWMIR CIROLJ.LINDSAY JOFBNNAI. DEILY KARLL LEDEBOFIM JOSEYFIL FffICEINGS ISiOMAS E FLOWER Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 Dear Marcus: A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA I7oL3 T4ho- PM 243 ]I Famm,7e (717)213.6186 OF COUNSEL; UMAIL• =maY*uB•Izwmm ALBERTHMULAND WEST SHORE OFFICE; 2309Muka4roa C-P I$ PA 0011 T4hooe (717) 737.3105 F-=7e (714737.3107 August 3, 2000 REPLY TO CARLISLE RE: Lay V. Lay No. 99- 4384 Civil Term The parties in this case have been separated for a year and we would like to move this case to conclusion. On September 28, 1999, 1 made a request for discovery in a letter addressed to you. I sought the following: Documentation of your client's severance from Kinney Shoe when she left in 1998. 2. The amount of the severance and its disposition. 3. All statements for any accounts which your client had in her own name or in her name with any other person from April 1, 1998 to July 1, 1999. In particular, we were seeking the statement from York Federal, a checking account, your client maintained with her daughter. 4. Evidence of the purchase of a 1957 Chevrolet and the price obtained on its sale. If your client purchased and sold a 1957 Chevrolet, we need to have information of the funds with which it was purchased and the disposition of the proceeds. Since this request for information is outstanding and has been for so long a period, I will feel compelled to request the Court to order its production within 20 days from the date of this letter if we have not received it in that time. Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES August 3, 2000 Page 2 Thank you for your assistance. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Carol J. Lindsay CJUgb cc: Henry Lay i JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROLJ. LINDSAY JOHNNA J. KOPECKy KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-62212 - FACSIMILE: (717) 243.6486 EMAIL: attomey®ssfl-law.com OF COUNSEL ALBERT H. MASLAND WEST SHOREOF??s 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737.3407 REPLY T_ O CARI?? Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 December 6, 2000 RE: Lay v. Lay No. 99-4384 Civil Term Dear Marcus: enclose 20 days to show ca se why sh should Order not Provide the d sco ery we have requested. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Carol J. Lindsay CJL/tlb Enclosure cc: Henry Lay fr OI J J f 1 \. n L wri ai n r ? PCC U O W 1.. W wl N N W ne? ^$ ` Q ? f/1 V 4 ? e? Idyl l 6 file # SAIDIS SHUFF, FLOWER & LINDSAY ATlotedss.AT•1AW 11 26 W. High Street Carlisle, PA HENRY LAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE MARGARET A. LAY, NO. 99- 4384 CIVIL TERM Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Henry Lay, Plaintiff, above, moves the court to appoint a master with respect to the following claims: (x) Divorce (x) Distribution of Property ( 1 Annulment ( ) Support ( I Alimony (x) Counsel Fees 1 1 Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The Plaintiff has appeared in the action through Marcus A. McKnight, III, Esq. (3) The statutory ground(s) for divorce is/are 3301(c)(d). (4) Delete the inapplicable paragraph(s). (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: none. (c) The action is contested with respect to the following claims: equitable distribution, counsel fees (5) The action complex issues of law or fact. (6) The hearing is expected to take 1 day. AND NOW, this te steer day , 2001, E. Robert Distrir, Ibutio Distribution, Esquire, Counsel is Fees. appointed master with respect to th following claims: Divorce, Equitable Distri •q.P °t n ? ?ooorr? By the Court, -4A le T. -?.-,, .. ,?, -,, ?:, ;.,, ?? r' - ? ' ,? ; . ? ?.. ?i i:: : ? ? c: : Ci ?_ _.. ? !j 1 c? ?,?'? rte' 'lS C': `LI ?. U HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARGARET A. LAY, . Defendant NO. 99-4384 CIVIL TERM ORDER OF COURT AND NOW, this 8°i day of October, 2001, upon consideration of the attached letter from Carol J. Lindsay, Esq., attorney for Plaintiff, indicating that the parties are trying to reach an amicable conclusion of this matter, the hearing previously scheduled for October 8, 2001, is continued generally. COUNSEL ARE requested to contact the court if they desire to reschedule a hearing in this matter. BY THE COURT, Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant J Wesley Oler, :rc .. ?. ,' FROM :,13RIDIS,SHUFF,FLOWER+LINDSAY FAX NO. : 2436510 Oct. 08 2001 03:09PM P2 JAM BS 0. FLOWER JU11N V. S,UKE ROBERT C. SAIMS QEOFFRf,Y 0. G11UPF JAMFS D. FLOWER, JR. CAROL J. LWDCAY JOHNNA 1. KOPE:CKY KARL M. LEDF.EOHM JOSEPH L HUCI IINGS THOMAS E. PLOWER October 0, 2001 The Honorable J. Wesley Oler, Jr. Cumberland County Court House vla FAX: 240-tJ462 One Courthouse Square Carlisle, PA 17013 RE: Lay v. Lay No. 99- 4384 Dear Judge Oler, A hearing Is scheduled in your Court Room today on a Petition for a finding of contempt. I represent Mr. Lay. Mrs. I ny is represented by Marcus McKnight. We have agreed to a general continuance in the hopes that the partial can resolve the discovery dispute by a deposition rather than by a hearing. We appreciate your consideration of this request. Very truly yours, SAIDIS, SHUFF, FLOWER & LINUSAY, P.C. Carol J. Lindsay CJUtjb cc: Honry Lay Maraca McKnight, Esquire - via FAX249.6354 LAW OUICE$ SAIDIS, SI IUFF, FLOWER & LINDSAY A PROPESSIONA1. Ll'JMMATION 26 W b?Yr E11CH STREFI' CARLISLE, PENNOYLVANIA'17012 TCLONIONE: (717) 243 6221 • FACSIMILE! (717) 9434510 EMAIL: dindsay0gol.law.rnm W W W.SZfl-IAWX01n WJQ' SHOP ICE; 2109 MARKEr STREE, CAMP I11U., VA V01 I 1'BLL[ HONE: (717)737.3403 FACSMULE: (717)737-7407 IMPLY TO CARLMU 0 LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER R. IRN'I,V MA RCL'.S A..Mo64S'7GIIT. 111 JAMES A IIUGIIF.S REBECCA R. HUGIIE.S 1)OUGI.ASG MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013.3222 (717) 2492353 FAX (717) 2496354 EMAIL- IMHLAWOSUPERNET COM 11.41100.7.. IR11'IN (1925.1977) IIAROLO S. IRB'IA'. JR. 11914.14861 IRH'IN. IRII'LV C IR117,V (1916-IM6) IRN'I.V.. IRII'LV& MrKNIGIIT (14961994) IRIVIN.,WKNIGIITA RUGH&V 11994. ) May 6, 2002 Attention: Traci Jo Colyer Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Henry Lay v. Margaret A. Lay No. 99-4384 Civil In Divorce Dear Traci: This letter is to confirm that the Pre-Hearing Conference in the above-referenced case previously scheduled for Friday, May 17, 2002, at 9:30 a.m. has been moved to Friday, May 17, 2002, at 8:00 a.m. If you have any questions, please do not hesitate to contact me. Thank you for your cooperation. Very truly yours, MAM/min cc: Ms. Margaret A. Lay Carol J. Lindsay, Esq. ?cKNIG & HUGHES o IRWNj, M `C Clio V arcus A. Mc m t, If , Esq. JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER FORREST N. TROUTMAN, 11 E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Dear Mr. Elicker: March 20, 2002 Lay v. Lay No. 99-4384 Civil WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737.3407 REPLY TO CARLISLE Enclosed please find Plaintiff's Pre-trial Memorandum in the captioned case. Very truly yours, SAIDIS, SHLIFF, J. CJL/ryb Enclosure LAW OFFICE SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243.6222 - FACSIMILE: (717) 243-6510 EMAIL: clindsayessn-law.com www.ssn-law.com & LINDSAY, P.C. cc: Henry Lay Marcus McKnight, Esquire HENRY LAY, Plaintiff Vs. MARGARET A. LAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 99- 4384 CIVIL TERM IN DIVORCE PLAINTIFF'S PRE-TRIAL MEMORANDUM SAIDIS SHUFF, FLOWER & LINDSAY Arrou+ess•AT•uw 26 W. High Street Carlisle, PA The parties hereto were married on August 9, 1989 and separated on or about June 15, 1999. The marriage is a second one for husband and a first one for wife. Husband owned a house on Mohawk Road, Carlisle, Pennsylvania, at the time of the marriage, and wife has continued to reside in the home during the period of separation. Both parties were working full time during their marriage. However, both suffered layoffs within a year of separation, wife from Kinny Shoes, and husband from Cincinnati Milicron. Wife took with her at layoff a retirement plan consisting of lump- sum pay out of $567.00 and perhaps, a pension plan, of which inquiry is underway. Husband took with him a severance package which was invested in a Waypoint money market account and a 401(k) Plan rolled over into two different IRAs. Husband had worked for Cincinnati Milicron for 33 1/2 years, having begun service on September 1, 1965 and ending service as a Union employee on December 31. 1991, when he joined the management team. As a Union member, he enjoved a pension plan which presently has a benefit of $405.72, but most of it is non-marital. No one has appraised the plan, probably for that reason. 1. ASSETS See attached asset list. Additionally, during the course of the parties' separation, wife took a jointly titled 1997 Blazer worth $15,000.00 at the time on which was owed $6,175.00. Husband had pre-paid the payment on the Blazer for 13 months at $462.00 per month at the time of separation and seeks a credit for $6,006.00 for the period of time in which wife enjoyed the use of the car but did not make the payment for it. He was also paying the insurance on the car during that period. N. WITNESSES A. EXPERT: None anticipated except as to the value of Mrs. Lay's pension. B. LAY: Henry Lay III. EXHIBITS Documentary evidence of all of the assets listed on the asset list have been provided to counsel. IV. INCOME AND EXPENSES An income and expense statement for Henry Lay will be provided, along with a pay stub, W-2 and tax return at or before the pre-trial conference. V. PROPOSED RESOLUTION Husband seeks to divide the estate equally. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: L' Y SAIDIS Car I J. Lindsay, s SHUFF, FLOWER 'ID 44693 &LINDSuW West High Street 26 W. High Street Carlisle, PA 17013 Carlisle, PA (717) 243-6222 HENRY LAY, MARGARET A. LAY, Plaintiff Vs. Defendant CIVIL ACTION - DIVORCE NO. 99- 4384 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE AND now, this Zd day of ?l6'C-__, 2002, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Plaintiff's Pre-trial Memorandum this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATMMYPAT-LAW j 26 W. High Street 1 Carlisle, PA By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Caro /J. indsay, Esquire ID 44 3 11 East High Street Carlisle, PA 17013 (717) 243-5513 a N Q O N W O V O N O N ? J'.1. ry VI pO A N N A N rt N N l O N 11lphp o v a M r N ? N N t 7 N c ; Q ? w 0 W _ y S y O N N Wy V 1yy N VI y j y yy N N? a 0 ?m ?q h N' p p N O M G N ? <? y N N ? _N N m Q ' m oo O ? m N d O ? q o o Y N 4 0 = 0 0 0 ON N 0 0 c A Nv M -'?` u `?d '? m - Ia o < n Q v c LL o = v?'?> CgCc EE ? ? c m in O 0 0 gym w ty5 d O N y p F a1UH 0 duvcU `L UV LE UE N c 'E c d yo d d d?O -? ? w SSo __ - a w ? o a 'n v u d c t c u a v v $& d d a a d ? m 9 C u E y m J W y UU U YIi LLLL liLL y <> O J E E O) Q W O p OI OI OJ C 'L '? Y N '? C O '? C C > d Ol m OI A O O O O O N d d= O N O O Y 5 ? N W ?, W c c ? N yt = d a i d h O ? a s 3 ? < i c c77 s? rt Si A 2 ' A og o as c a s g E N O O N IE C C v m m m >> d n n a c c w °n m m 9 U p ? ?? c 3 r3 t t r3 ? c c t c 3 3 Id- N M Q N f p I s m 0) O ? ? N M Q N t O h LAW OFFICES SAHNS, SNUFF, FLOWER & LINDSAY 26 W. HIGH 87REEr 2109 MARKET STREET CARLISLE, PA 17013 CAMP HILL, PA 17011 PHONE (717) 213.6222 PHONE (717) 737-3405 - rm"mawl Oki lk "r .r .. C ( } } HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 994384 CIVIL TERM MARGARET A. LAY, Defendant IN DIVORCE PRE-TRIAL MEMORANDUM AND NOW comes the defendant, Margaret A. Lay, by and through her attorneys, Irwin, McKnight & Hughes, Esquires, and files this Pre-Trial Memorandum as required by Rule 1920.33 of the PA Rules of Court, setting forth as follows: 1. BACKGROUND: The parties were married on August 9, 1989 and were separated on May 27, 1999. This is the second marriage for Husband and the first marriage for Wife. Wife is age 55, with her date of birth being September 18, 1946. Wife is employed at Carlisle Regional Medical Center. Husband is age 55, with his date of birth being October 19, 1946, and is employed at Alstrom Corporation. II. MARITAL ASSETS: A. Real Estate: There is real estate located at 160 Mohawk Road, which Husband purchased prior to the marriage. B. Personal Property: See Attached. III. EXPERT WITNESSES: A. Real Estate Appraisal if necessary. IV. WITNESSES: A. Margaret A. Lay V. EXHIBITS: A. Inventory and Appraisement (See attached) B. Appraisals as necessary. VI. INCOME AND EXPENSES: A. Income and Expense Statement (See attached) VII. PROPOSED RESOLUTION: The Wife seeks equitable distribution of the marital assets as well as permanent alimony. By: Marcus Y. McKnf'g ,, III, Esq. 60 West Pomfret S+r(eet Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for Defendant Date: March 15, 2002 2 Respectfully submitted, IRWIN, McKNIGHT & HUGHES In the Court of Common Pleas of CUMBERLAND DO,%IES`rIC RELATION'S P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240.6225 Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: County, Pennsylvania Fax: (717) 240.6248 Please now All correspondence mast bxWde the PACSFS Case Number. Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or pan, you must also fill out the Supplemental Income Statement which appears on the last page of this income and expense statement.) INCOME STATEMENT OF MARGARET A. LAY I verify that the statements made in this Income and Expense Statement are tau and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. 03/14/02 /KL?C_G- N_ A•? Date Rffi$itlfFI4HD adapt INCOME: Employer CARLISLE REGIONAL MEDICAL CENTER Address 246 PARKER STREET, PO BOX 4100, CARLISLE, PA 17013 Type of Work FOOD SERVICE WORKER Payroll No.02807 Gross Pay per Pay Period $ 426.24 Pay Period (wkly., bi-wkly., etc..) BI-WEEKLY Itemized Payroll Deductions: Federal Withholding $ 15.65 Social Security $ 25.88 Local Wage Tax $ 4.26 State Income Tax $ 11.68 Retirement 12.78 $ Savings Bonds $ Credit Union $ Life Insurance $ Health Insurance $ Other Deductions (specify) LTD S 1.46 STD $7.40 Net Pay per Pay Period S 341.08 Form IN-008 Service Type M Worker ID 21205 l- Income and Expense Statement OTHER INCOME (Fill in Appropriate Column) 1VEEK MONTH YEAR Interest $ $ .02 S Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Workmen's Compensation IRS Refund Other (SUPPORT) 159.10 1,909.20 Other TOTAL $ $ 160.12 $1,921.44 TOTAL INCOME $ $842.28 PACSES Cue Number 3481one,c (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Mortgage/Rent $ $ $ Maintenance Utilities Electric 36.79 441.48 Gas 9.21 110.52 Oil 8.03 === .3 F Telephone I 24 72 Service Type M Page 2 of 6 Form IN-008 Worker ID 21205 Income and Expense Statement PACSES Case Number 348100635 EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Water $ $ $ Sewer Employment Public Tmnsportadon $ $ a Lunch 15.00 64.50 Taxes Real Estate $ $ S Personal Property .82 9.80 Income Insurance Homeowners S $ S Automobile 31.75 381.00 Life 5.08 60.91 Accident Health Other Automobile Payments S $ $ Fuel 86.00 Repairs 40.00 Medical Doctor $ $100.00 S Dentist 10.00 Orthodontist Page 3 of 6 Form IN-008 Service Type M WarkerlD 21205 Income and Expense Statement PACSES Case Number Ieai nneee EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Hospital Medicine 44.00 528.00 Special needs (glasses, braces, orthopedic devices) 21.00 252.00 Education Private School $ $ $ Parochial School College Religious Personal Clothing $ $ Food 215.00 2,580.00 Barber/Hairdresser 10.00 120.00 Credit Payments: Credit Card Charge Account 0.00 00.00 Memberships Loans Credit Union y y S MLscellaneous Household Help $ $ $ Child Care Papers/Books/Magazine 1.00 12.00 Entertainment 00 240.00 Pay TV Vacation 50.00 600.00 Page 4 of 6 Form IN-008 Service Type M Worker ID 21205 Income and Expense Statement PACSES Case Number 34e1o097c EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Gifts Legal Fees 100.00 Charitable Contributions Other Child Support Alimony Payments Other a s s TOTAL EXPENSES S $939.20 $ D DES OO ? Ownership : CRIPTION VALUE W NE H W J Checking Accounts FOCUS 50 $1,857.88 X Savings Accounts Credit Union Stocks/Bonds Real Estate Other TOTAL 5 INSURANCE COMPANY POLICY p Coverage' H WI C Hospital Blue Cross Other HEALTH ASSURANCE 1029590001 X Medical Blue Shield Other s H . Ftuchnnd tU Itne - !. n_-._. .. , -'0mv ucu i - iomr Page 5 of 6 Form IN-008 Service Type M Worker ID 21205 Income and Expense Statement INSURANCE Health/Accident Disability Income Dental " H - Husband W - Wife COMPANY - Combined J - Joint PACSES Case Number 348100635 FH overage POLICY p W C Supplemental Income Statement a. This form is to be filled out by a person L who operates a business or practices a profession, or 2; who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the parmership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement C. Name of business: Address and telephone number: d. Nature of business (check one) (1) partnership _ (2) joint venture (3) profession (4) closed corporation (5) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (I) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Service Type M Page 6 of 6 Form IN-008 Worker ID 21205 INVENTORY AND APPRAISEMENT HUSBAND: 1. Automobiles: Truck Trade-In ...............................................$2,500.00 2. IRA-Waypoint ...........................................................................9,036.29 3. AIM Fund (needs updated) .......................................................5,196.52 4. Retirement ...............................................................................25,000.00 5. Savings .........................................................................................500.00 5. Savings Bonds (estimated) ........................................................5.000.00 Total ............$47,232.81 Increase in Value of Real Estate ...................................................................$25,000.00 Total ...........$72,232,.81 WIFE: 1. Savings Bonds (9) $100.00 ........................................................$800.00 2. Certificates of Deposit ......................... .....................................5,575.00 3. Savings Withdrawal ............................. .....................................3,628.98 4. Insurance (cash value) .......................... ........................................492.07 Insurance (cash value) .......................... .....................................1,741.20 5. Retirement (Venator Group) ............... ........................................567.30 6. Foot Locker Pension ............................ ............................................* 7. Vehicles (1997 Corsica) ....................... .....................................2,500.00 (1997 Blazer) ........................ .....................................7,800.00 * Annuity of $225.00 monthly at retirement. Respectfully submitted, By: Date: March 15, 2002 IRWIN, MarcusfA. M ht, III, Esq. 60 West Pomf et reet Carlisle, Pennsy vania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for Defendant 3 VENATOR GROUP RETIREMENT PLAN LUMP SUM DISTRIBUTION ESTIMATED PENSION BENEFITS Name: Margaret A. Lay SS#: 195-38-8984 Date of Birth: 9/18/46 Date of Hire: 10/13/64 Date Employment Terminated: 08 Annual Accrued Benefit through Benefit Payment Date: 09/01/98 Account Balance as of 09/01/98 Minimum Lump Sum Interest Rate Minimum Lump Sum as of Benefit Lump Sum Payment: $567.30 /18/98 08/18/98: $123.31 $292.74 for 1998: 5.99% Payment Date: $567.30 This Statement is an estimate and is not a guaranty of benefits. The lump sum payment indicated above represents the greater of your account balance or a minimum lump sum. The minimum Lump sum is determined by multiplying your annual accrued benefit by a factor that is based on the mortality table and interest rate in effect on your benefit payment date. The lump sum payment indicated above represents the estimated total value of your account balance on the date indicated above. No further benefits are or will become payable from the Plan. Note: If your account balance is under $3,500, the only form of payment available to you is a Lump Sum. Date Prepared: 9/18/98 Prepared By: Ellen Glickfield FooT LOCKER Retirement Plan Service Center P. O. Box 975, Deerfield, IL 60015 January 22, 2002 Ms. Margaret Lay 160 Mohawk Road Newville, PA 17241 Re: Foot Locker Retirement Plan - Social Security N: 195-38-8984 Dear Ms. Lay: This letter is in response to your recent request for an estimate of the benefits you are entitled to from the Foot Locker Retirement Plan. We have prepared the estimate based on a proposed Benefit Payment Commencement Date of October 01, 2006. The enclosed Estimated Pension Benefit is only an estimate and is not a guarantee of benefits. The benefits shown are based on your current personal information. If any of this data is incorrect, please contact the Foot Locker Retirement Plan Service Center at the number below. The Explanation of Pension Options contains the plan provisions that will apply if you begin receiving your benefit. Please read this document for details regarding the choices available to you. If you wish to begin receiving your benefit, please call the Foot Locker Retirement Service Center to request a Commencement Package no earlier than 90 days prior to your actual Benefit Payment Commencement Date. Please call us at (877) 566-9492 if you have any questions about the enclosed materials. Customer Service Representatives are available Monday through Friday from 8:00 a.m. to 4:00 p.m. Central Standard Time. Very truly yours, Foot Locker Retirement Plan Service Center a' FooT LOCKER Estimated Pension Benefit Employee Information: Participant's Name: Margaret Lay Social Security Number: 195-38-8984 Date of Birth: September 18, 1946 Date of Termination: August 31, 1998 Benefit Payment Commencement Date: October 01, 2006 Normal Retirement Date: October 01, 2011 Marital Status: Single Beneficiary information: Beneficiary's Name: Not on File Beneficiary's Social Security Number: Not on File Beneficiary's Date of Birth: Not on File Beneficiary's Relationship: Not on File Note: We do not have your beneficiary's date of birth in our records. In order to provide you with estimates under the Joint and Survivor Annuity forms of payment, we have assumed that there is not more than a 5-year age difference between you and your spouse, or beneficiary if other than spouse. If there is more than a 5-year difference in ages, the benefits will be affected accordingly. Accrued Benefit payable monthly at 65 as a Life Annuity: $ 225.00 Following are the forms of monthly benefits available to you on the Benefit Payment Commencement Date shown above: Normal Form: Single Life Annuity: $157.50 Optional Forms: 50% Joint and Survivor Annuity: $143.33 (with $ 71.67 payable to your beneficiary upon your death) 100% Joint and Survivor Annuity: $130.73 (with $ 130.73 payable to your beneficiary upon your death) 60 Month Certain and Life Annuity: $154.35 120 Month Certain and Life Annuity: $148.05 180 Month Certain and Life Annuity: $138.60 Return to: Foot Locker Retirement Plan ,Service center, P.O. Box 975, Deerfield IL 60015 For questions calk (877)566-9492 FooT LocKER Explanation of Pension Options When you leave Foot Locker, you have certain choices concerning how your benefit will be paid. This notice is designed to explain the choices available to you. Included is an Estimated Pension Benefit that shows the estimated amount of your benefit under various options using the data that is currently in our system. When considering deferring distribution of your benefit to a later date, please refer to the Deferred Commencement of Distribution section. This is only a summary of the Pension Options available to you. In the event of a conflict between the Plan Document and this Explanation of Pension Options, the Plan Document will govern. Your elected pension option may not be changed once payments to you have begun. Normal Form: The Normal Form for a Single member is a monthly retirement allowance payable during your lifetime with no allowance payable after death. For a married member, the Normal Form is a reduced monthly retirement allowance payable during your lifetime with the provision that in the event of your death one-half of the amount you were receiving shall be paid during the life of, and to, your spouse ifyour spouse survives you. Optional Forms: Single Life Annuity is a monthly retirement allowance payable during your lifetime with no allowance payable after death. 50 or 100% Joint and Survivor Annuity is a reduced monthly retirement allowance payable during your lifetime with the provision that in the event of your death 50 or 100% of the amount you were receiving shall be paid during the life of, and to, your elected beneficiary, if your beneficiary survives you. 60 Months Certain is a reduced monthly retirement allowance payable during your lifetime with the provision that if you die before receiving at least 60 monthly payments, your beneficiary will receive the remainder of such 60 monthly payments. 120 Months Certain is a reduced monthly retirement allowance payable during your lifetime with the provision that if you die before receiving at least 120 monthly payments, your beneficiary will receive the remainder of such 120 monthly payments. 180 Months Certain is a reduced monthly retirement allowance payable during your lifetime with the provision that if you die before receiving at least 180 monthly payments, your beneficiary will receive the remainder of such 180 monthly payments. Deferred Commencement of Distribution: The amounts shown on the enclosed Estimated Pension Benefit assume that your benefit would start on the proposed Benefit Payment Commencement Date specified on that form. If you wish to start your benefit on such date, you must request a Commencement Package no earlier than 90 days prior to your actual Benefit Payment Commencement Date. Payment must begin no later than the April first following the year in which you reach age 70 ''/:. If you are considering whether or not to defer commencement of your benefit, the Foot Locker Retirement Plan Service Center encourages you to discuss your decision with your tax advisor. ,. ?, ?,? ?: ?t x ? x ?- ,y ,y a? J ?? ?.+= ? i? 3y <r Jy iYJ .. +".s r.yf ?{ Fay i ? %. r *i' ,? , - M.?' 0?6ri 7 c7y.ryx ? ? y r,r Lj181 y ti1??. b?Q. ?i Fa 1[[ r X44! I? n ?s ?stvi +? r ^? a`d'no i ?L, a t '„ o ??r ? }?? r? aK -. wc? a T ?c? ski 1a. Y ( t Yn ?i GYyafj' ? L' ' F?,.r''9.! r7 w" ? r Y t ?'?+ ? ? ? w '? 5 `' Q ? ?5Rdhz?; a PO ?y; ??i t ? P ? ?. ? ?l Yt 3 r ? ,y ?r Y j??. ?• ? ? ?I ? ? ZTQ? ?? ! 1 \' I ?1 M N,. ZT+ . 1} ' ?` Y ? '. tiW ? ? ? - ? ? ?t ?5 n' " '? ??. ??.'S t ? Q ? ?? y?rF??J?: ff pJ? WWW t Ij :. .... . , ... _ _,. ..., .ewn.l . file # HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Movant CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - DIVORCE NO. 99- q j$4 CIVIL TERM MARGARET A. LAY, Defendant/Respondent IN DIVORCE ORDER OF COURT II AND NOW this 3pA? day of e 2000, upon consideration of the within Motion to Compel Discovery, a Rule is issued upon Respondent to show cause, if any, why the discovery requested should not be provided. RULE returnable Z9 days from the date of service hereof. By the Court, Cq-4? SAIDLS SH&UFFiMir7A SAY 26 w HI`A Street C HWr, PA cc: Carol J. Lindsay, Esquire Marcus A. McKnight, III, Esquire 12-q-ov RXs dr T:.r 00DFr,-? PH I: i2 COMI' F'RL A -O PSVN SYLVA - file # HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Movant CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99- 11-48`1 CIVIL TERM MARGARET A. LAY, DefendanVRespondent IN DIVORCE MOTION TO COMPEL DISCOVERY NOW COMES HENRY LAY, by and through his counsel, SAIDIS, SNUFF, FLOWER & LINDSAY, and moves this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on August 9, 1989, at Newville, Pennsylvania, and separated on or about June 15, 1999. 2. Informal discovery has proceeded in this case. On or about September 28, 1999, Movant, throud-h counsel, made a request for discovery informally by letter addressed to counsel for Respondent. A copy of the September 28, 1999 letter is attached hereto as Exhibit "A". SAEDIS 3. On August 3, 2000, the undersigned sent a reminder letter seeking Sm discovery within 20 days. A copy of the August 3, 2000 letter is attached hereto as MINSMOM 26 w Hjo stred CGfiWe, PA I Exhibit "B". 4. No response to the discovery requested has been provided. file # WHEREFORE, Movant prays this Honorable Court to issue a Rule upon Respondent to show cause why she should not be required to produce those items of discoverable information set out in the letter of August 3, 2000 attached hereto. SAIDIS, SHt1FF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By C ro7J:1indsa?y, Esquire 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS S OMSSAY MSOMM 16w men Street CedWy PA file # HENRY LAY, Plaintiff/Movant VS. MARGARET A. LAY, DefendanURespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 99- CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE AND now, this (,4 day of 2000, _X J4 k1f, jej I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Motion to Compel Discovery this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: _ SAIDIS ro J. in say, Es ire SI?FFElO I? 44693 ZRIERW WSAY 1 East High Street 26 W. NlahSlrert Carlisle, PA 17013 GrlWe, PA (717) 243-5513 o-_ II ?$???c-$& ICI m? a?ssa??8s a ? m r N it m4^ y ? ? `?' m ?L.p ??? WSJ T GG T N_ ,15=i, m t ? S 3Y?$vcu5i 'S O g m J T J O1 ut3 E3 2 -i s?;_vJL {jE] d > O U ° N . C fLLw ` O d y a c .?. ?j u a 'ROm tpJ > 42 QJ L m ?> T ?ma mcn??n o m? J'1 N ° L L E m m_c0 c.c am$ a {Opy y ym y? ? ? O N _ b Q+ ? C> m N '? t a m A > y_ E 3'- Y? pL,??c m.E?am ec h' ? 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FLOWER. JR CAROL J. LINDSAY JOHNNA J. DEILY RARLL LEDEBOHM JOSEPHL MU-IINGS THOMAS E. FLOWER Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 Dear Marcus: A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 Tdcpho= (717) 243-6222 OF COUNSEL F=inule (7M243-6486 ALBERTH MASLAND E-MAR momg0sR-1awmm WEST SHORE OFFICE: 2109 Muka Svcs Comp HaL PA 17011 T&phooe (717) 737-3405 F=imk (717) 737.3407 REPLY TO CARLISLE August 3, 2000 RE: Lay v. Lay No. 99- 4384 Civil Term The parties in this case have been separated for a year and we would like to move this case to conclusion. On September 28, 1999, 1 made a request for discovery in a letter addressed to you. I sought the following: Documentation of your client's severance from Kinney Shoe when she left in 1998. 2. The amount of the severance and its disposition. 3. All statements for any accounts which your client had in her own name or in her name with any other person from April 1, 1998 to July 1, 1999. In particular, we were seeking the statement from York Federal, a checking account, your client maintained with her daughter. 4. Evidence of the purchase of a 1957 Chevrolet and the price obtained on its sale. If your client purchased and sold a 1957 Chevrolet, we need to have information of the funds with which it was purchased and the disposition of the proceeds. Since this request for information is outstanding and has been for so long a period, I will feel compelled to request the Court to order its production within 20 days from the date of this letter if we have not received it in that time. Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES August 3, 2000 Page 2 Thank you for your assistance. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Carol J. Lindsay CJUyb cc: Henry Lay G ?' ?' n n ? ? a C C V N O Q r N ym d ry ? N N v v o zook HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 994394 CIVIL TERM MARGARET A. LAY, Defendant/Petitioner IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 30th day of May 2002, comes the Defendant/Petitioner, Margaret A. Lay, by her attorneys, IRWIN, McKNIGHT & HUGHES, and makes the following Petition for Economic Relief against the Plaintiff/Respondent, Henry Lay, as follows: The Petitioner is Margaret A. Lay who is the Defendant in a divorce action filed at in Cumberland County, Pennsylvania. Her address is 160 Mohawk Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Respondent is Henry Lay who is the Plaintiff in this divorce action. His a? jres:• is 1337 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The petitioner seeks the following relief from the Court: a. Alimony; b. Costs and expenses; and c. Counsel fees. WHEREFORE, the Defendant/Petitioner, Margaret A. Lay, requests the relief set forth above. Respectfully submitted, IRWIN, McVNIGHT & HUGHES By: C lisle, PA 17013 717--249.-Z353 Supreme Court I.D. No: 25476 Attorney for the Defendant/Petitioner, Margaret A. Lay Date: May 30, 2002 2 VERIFICATION The foregoing Petition for Economic Relief is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. MARGA "T A. LAY Date: May 30, 2002 HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 994384 CIVIL TERM MARGARET A. LAY, Defendant/Petitioner IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Carol J. Lindsay, Esq. Saidis, Shuff, Flower & Lindsay 25 West High Street Carlisle, PA 17013 IRWIN, McKNIGHT & HUGHES By: 60 st Pomfret Street \ Carl le, PA 17013 J (717) 353 Supreme Court I.D. No. 25476 Date: May 30, 2002 3 C C0 IZI% V 1. J / I?j w? Fl1i/yA 25 ? ? ' ?A ;za f ?{ ? S d'?i 5 j i ?r?1 ? L ?,k+ r r at C> Y 1 e 1 3 ?, 1}}}t}oKn : r r , t /y e: ???(5k 1 ?? L7 ? IT ???? h E :: r +(FT?at?W s{ a ? :? { v "f r. i .;,,y ct 6:V .i G , file # HENRY LAY, MARGARET A. LAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99- 4384 CIVIL TERM Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. SAIDIS Attorneys for Plaintiff SHUFF, FLOWER & LINDSAY ATTDMrr AT-IAW 26 W. Rlgh Street , h Carlisle, PA By: Caro J. indsay, Esqul ID# 3 26 West High Street Carlisle, PA 17013 (717) 243-6222 file # HENRY LAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - DIVORCE MARGARET A. LAY, NO. 99• 4384 CIVIL TERM Defendant IN DIVORCE AMENDED COMPLAINT IN DIVORCE HENRY LAY, Plaintiff, by his attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Henry Lay, who currently resides at 1337 Pine Road, Carlisle, Cumberland County, Pennsylvania, where he has resided since June 15, 1999. 2. The Defendant is MARGARET A. LAY, who currently resides at 160 Mohawk Road, Newville, Cumberland County, Pennsylvania, where she has resided since 1988. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 9, 1989, at Newville, SAIDIS Pennsylvania. SHUFF, FLOWER & LINDSAY Arroxsrers•Ar•uw 5. That there have been no prior actions of divorce or for annulment between 26 W. High Street Carlisle, PA the parties in this or in any other jurisdiction. file # COUNT I - DIVORCE 6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT ll - EQUITABLE DISTRIBUTION 8. The averments in Paragraphs 1 through 7 above are incorporated herein by reference. 9. In the course of their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff prays this Honorable Court to equitably divide the parties' property. SAIDIS SHUFF, FLOWER & LINDSAY COUNT 111- COUNSEL FEES & L[ MORNEMAT-LAW 26 W. High Street 10. The averments in Paragraphs 1 through 9 above are incorporated herein Carlisle. PA by reference. file # 11. Plaintiff is without means to pay his reasonable attorney's fees which have been exacerbated by Defendant's refusal to respond to requests for settlement. WHEREFORE, Plaintiff prays this Honorable Court to Order reasonable counsel fees. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By a of J. Lindsal; Esquire 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ArMRP& -AT•UW 26 W. Illgh Street Carllele, PA file # VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and SAIDIS SHUFF, FLOWER & LINDSAY ATIORNMATIuW 26 W. High Street Carlisle, PA correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 61 Henry La looz o z gnv r c: i o. c•: cc s C CY O c? V FF77 X ? r _ ? N V 0 1, r?r (?f Si 6 N N I?1 H ? v v HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 994384 CIVIL TERM MARGARET A. LAY, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 20, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: - / a - , 2002 a c a . ARGARET A. LAY HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 994384 CIVIL TERM MARGARET A. LAY, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: 2002 GL? ?AL? ?A - 4d , MARGARET A. LAY Defendant HENRY LAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 994384 CIVIL TERM MARGARET A. LAY, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in die Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: 7J??. AA ! .7 , 2002 MARGARET A. LAY