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HomeMy WebLinkAbout01-1095MARY LOU LAY, Plaintiff VS. LEO L. LAY, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANLA : NO. 0 I-/0~ CIVIL 2001 . : : CIVIL ACTION - DECLARATORY : JUDGMENT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this compla'mt and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Court Administrator Cumberland Cotmty Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 William S. Daniels, Esquire Attorney for Plaintiff HUMER & DANIELS One West High Street, Suite 205 Carlisle, PA 17013 (717) 243-3831 MARY LOU LAY, Plaintiff VS. LEO L. LAY, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. o/-/e,~' CIVIL 2001 : CIVIL ACTION - DECLARATORY : JUDGMENT COMPLAINT TO DETERMINE VALIDITY OF ANTENUPTIAL AGREEMENT Plaintiffbrings this action pursuant to the Declaratory Judgment Act (42 Pa. C.S.A. §7531 et seq.) and Pa, R.C.P 1601, for the purpose of determining a question of actual controversy between the parties as hereinafter more fully appear. (1) Plaintiffis Mary Lou Lay, a competent 62 year old adult residing at 371 CIaremont Drive, Apartment g9, Carlisle, Cumberland County, Pennsylvania. (2) Defendant is Leo L. Lay, a competem 73 year old adult residing at 1015 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. (3) Jurisdiction of this action is based on Section 7532 of the Declaratory Judgment Act (42 Pa. C.S.A. §7532). (4) Plainfiffand Defendant, Mary Lou Lay and Leo L. Lay, were married on November 28, 1986, at Hagcrstown, Maryland and at all times for over fourteen years since that date have been wife and husband, and have been residents of Cumberland County, Pennsylvania. (5) There are no children of this marriage. Plaintiffhas three adult children from a previous marriage; Defendant has no living issue fi, om a previous marriage. (6) On or about November 11, 1986, Plaintiff and Defendant entered into a certain written Antenuptial Agreement prescribing parties' rights, duties and obligations to one another upon separation, divorce and death. A true copy of said Agreement is attached to this Complaint, marked Exhibit "A," and ineorperated by reference. (7) On October 14, 2000, Plalntiffwas hospitalized at Holly Spirit Hospital, Camp Hill, Cumberland County, Permsylvania, suffering bom congestive heart failure and multiple illnesses aggravated by the abuse of Defendant husband. A true copy of discharge papers dated October 19, 2000 is attached to this Complaint, marked Exhibit "B," and incorporated by reference. (8) On October 19, 2000 Pla'mtiffupon discharge fi.om said hospital was admitted to the Domestic Violence Shelter, followed by subsequent displacement after three weeks to/ow income housing at her current address. A true copy of such cert'~ication from Domestic Violence Services and dated October 31, 2000 is attached to this Complaint, marked Exhibit "C," and incorporated by reference. (9) Plaintiffis a retired State employee who assisted in Defendant's fanning operations during their marriage, and who has been currently diagnosed by her family physician as totally disabled and unable to work. A copy of Dr. Pfautz' written diagnosis dated January 3, 2001 is attached to this Complaint, marked Exhibit "D," and incorporated by reference. (10) Defendant is a retired farmer for local personal tax purposes, and includes a Federal Schedule F (Form 1040), Profit or Loss fi.om Farming, with his U.S. Individual Income Tax Return, calendar year 1999 (Married Filing Separate return). (1 I) On October 20, 2000, Plaintiffclalmed spousal support at the Cumberland County Domestic Relations Section, filed to No. 932 Support 2000. (12) On November 30, 2000 during parties' Support Hearing at Domestic Relations Services, Defendant denied any responsibility for spousal support, claiming immunity under said Antenuptial Agreement, and continues to deny same. (13) On December 14, 2000, Defendant filed a Complaint in Divorce against Plaintiff, filed to No. 2000 - 8652. (14) Actual, genuine and justifiable controversy has arisen and now exists between Plaintiff and Defendant regarding their respective fights, duties, status and other legal relations under said Agreement, and more particularly surrounding spousal support and the dissolution of marriage. Plaintiff contends that their Antenuptial Agreement is invalid, while Defendant contends that it is controlling. Plaintiffis entitled to have a declaration ofber rights and further relief because of the facts, conditions and circmnstances set forth. (15) Plainfiffdesires a judicial determination of the parties' fights and duties through a declaration of the invalidity of parties' written Agreement for lack of full and fair disclosure of Defendant's financial position, thus eliminating the uncertainty and insecurity over whether the Defendant must pay spousal support as well as whether the Plaintiffmust forfeit her statutory privileges and entitlements in divorce. (16) A judicial declaration is necessary and appropriate at this time so that Plaintiff may determine the availability to her of right to make claim for spousal support for herself, as well as other economic benefits in divorce proceedings brought by Defendant, ail of which are precluded by the terms of said Agreement, especiaily paragraphs 8, 9 and 10, ifvaiid.. (17) A heating on spousal support is scheduled before this Honorable Court on February 26, 2001, at 9:00 o'clock A.M.; the elapse of 90 days of living separate and apart following service of the Defendant's Complaint in Divorce occurs on or about March 14, 2001. (18) Exlfibit "A" of the parties' Agreement (within Exhibit "A" of this Complaint): (a) fails to furnish any values for the three reai estate parcels identified by Defendant; (b) misrepresents the farm machinery and equipment then being used by Defendant to operate a functional farm as being "old and all depreciated, except for a tractor which has a year to go;" and (c) totally omits any specificity or valuation of household effects belonging to the Defendant in his improved reai properties. (19) For comparison, attention is invited to the corresponding detail of PlaintilTs property and estate descriptions set forth in Exhibit "B" of the Agreement, and the copy of Plaintiff's reconstructed inventory of Defendant's farm machinery and equipment attached to tiffs Complaint, marked Exhibit "E" and incorporated by reference. (20) Plaintiff avers that the foregoing misrepresentations and omissions substantiaily obscure a measure of Defendant's actual financiai worth, and accordingly demonstrate the failure of full and fair disclosure to Plaintiff when presented for execution. WHEREFORE, Plaintiffrespectfully requests that this Honorable Court take jurisdiction of this matter, and 'after hearing and adjudication without jury, enter an Order of Declaratory Judgment as follows: 1. Declaring that the parties' Antenuptial Agreement dated November 11, 1986 is not valid, and is thus null and void in its entirety; and 2. granting such other and further relief as may be proper. Dated: February 26, 2001 Very respectfully submitted, William S. Daniels Attorney for Plaintiff Attorney I.D. No. 27735 One West High Street, Suite 205 Carlisle, PA 17013 (717) 243-3831 EXHIBIT "A" interests, which, except for the operation of this Agreement, they might otherwise acquire in the property of the other as a consequence of their relationship. 3. The parties desire that all property presently owned by either of them or acquired by either of them hereafter of whatsoever nature and wheresoever located and ali income derived therefrom and ail increases in the value tbfereof, shall be and remain their respective separate property. The parties agree that in no time during their relationship shall there be any transmutation of any of their separate property interests into jointly owned property, exempt by an express written agreement, The following eveats shall~ under no circumstances, be evidence of any intention by either party of an agreement between the parties to transmute their separate property interests into jointly owned p~operty or to transmute their separate income into joint income: ~ (a) the filing o[ joint tax returns; (b) the designation of one party by the other as a beneficiary of his or (c) the co-mingling by,ne paty of his or her separate funds or property with jointly owned funds or property or with the separate funds or property of ~the other party; (d) any oral statement by either party; (f) the payment from jointly held funds of any separate obligation, including (g) The joint occupation of a separately owned or leased residence; (h) The joinder by either party in any instrument involving the separate funds or property of the other, which may be appropriate or necessary to carry into effect the intentions and provisions of this agreement, including but not limited to mortgages, deeds of conveyance, bills of sale or transfer, and agreements of sale for real estate or otherwise. 4. The provisions of this Agreemen~ and their legal effect have been fully explained to [hm parties by their respective counsel. LLL has employed and had the benefit of counsel of Henry L. Stuart, Esquire as his attorney. MLW has employed and had the benefit of counsel of /~Z~g~ ~ --~x~ ~, Esquire as her attorney. Each party acknowledges that he or she bas received independent, legal advice from counsel of b~ or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obiigati0ns and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitab]~, and that it being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of ~his Agreement is not the resul~ o~ any duress or undue influence and that it is not the result of any collum~m~ mr imornper or iliega± agreement or agreements. ~. ~oth parties to nn~s Agreement have made to each other a full and complete disclosure of the nature and extent of all their property and estate, to the best of their gnowledge, information amd belief. Attached hereto as Exhibit "A", and made a part hereof, is a statement of the separate property, facts and status of LLL as of the date hmreof, and attached hereto as Exhibit "E", and made a part hereof, is a statement of the separate property, facts and status of MLW as of the date hereof. It is understood that as a result of income from or increases in the value of their presently existing separate property, each party may acquire other and different separate property in fl~ future which eacb party shall hold frae from any claim of the other. Each of the parties acknowledges that they have signed both of maid exhibits in mcknowledgement of their examination and acceptance of the same. 6. Except as otherwise provided herein and except as the parties may otherwise agree in writing, property heretofor~ acquired by the parties or hereaftmr acquired by the parties, any ~nereases Jn value thereof and their earnings shall remain separate property free of any claim of the other ~rty. Each of the parties covenants and agrees that az± property now owned by either of the parties of whatsoever nature and wheresoever located and any increases in value thereof, and any property which he or she may hereafter acquire, wbet~er real, personal, or mixed, including but not limited to any earnings, salaries, co~issions or income resulti[]g from his or her personal services, skills and efforts and increases in value thereof shall be and remain th~ sole and separate property of the party acquiring same and each party may dispose of said property as said party sees fit and as if no marriage had been entered into. Each of the parties hereby acknowledges that he and/or she voluntarily relinquishes all of his and/or her interests, if any, in the property of the other party and any increases in value thereof and understands that such property and the earnings, salaries, commissions, or income of the other party, which, in the absence of this ~reement might be considered jointly owned property of the parties, and to be and remain the separate property of the party acquiring same. 7. Each of the parties hereto shall, during their married life, hold, own~ and control, and shall have the same right of distosi~g of, all property ut every kind, real or personal, belonging to such par~y at the date of their marriage or ~cquired by such party after their marriage and any increases in%value thereof, free and clear of any right or interest therein of the other party hereto, to the ~me extent and in all respects as if their marriage had never occurred. Each of the parties hereto waives and releases ali right to dower and curtesy a~d all other rights now or hereafter conferred by the laws of any state or country, in or to any of the property of the other party hereto amd any increases in value thereof. Pennsylvania Divorce Code, Act 26-1980, 23 P.S. B~ 1 et seq., whdch was effective duly 1, 1980. The parties furthsr understand and have been advised that Section 201 provides that it shall be lawful for a court to grant a divorce if a marriage is irretrievmbly broken and either 90 days have elapsed from the date of filing of the complaint and an affidavit has been filed by each of the parties evidencin~ that each of the parties consents to the divorce or after three years have elapsed after separation and one party desires a divorce. The parties, in view of their mutuel love and concern for each other and in order to avoid any harm to each ocher or cause disingegration in the marriage and in order to prevent the need for dehillYsting, into with full knowledge of the said Divorce Code, do hereby agree to execute any and all affidavits or ocher in~rum~nts required under a~y act of the Legislature known as the Divorc~ Cod~ in the event that either party institutes an action for divorce, alleging irretrievable breakdown, in order to expedite the entry of a decree in or other instruments in connection with a dlvorce or annulmePt where ground~ for 9. In order ro promote marital harmony and to discourage either party from obtaining monetary benefits by a h~?"h ~n the marita~ r~zaL~,~i~ip and from imposing financi~x o~ emotional hardships on the party as a ~E~t of any legal proceedings for divorce or otherwise, neither party -~ill make any claim or enforce any claims agaia~ u~ oth~ ior support, alimony (including temporary al~ny and alimony pendente llte), costs, counsel fees or e~aitable distri~ution of property which may arise as a result of rhp~r ~arrta~e~ separation, divorce or annulment· lO. It is further understood a~ a~ .... oy and between t~.~ ~artdes hereto that each of the parties accepts the reruns and provisions of this Agreement in full settlement apd satisfarrion of any and all of each party% ri~h~ against the uther Dr any pa~t, present and ~uture claims on account of s~port a~d maintenance, alimony (including ten~orary alimony =,~d alimor~y pendente litej, costs, couns~i fees, equitable distribution or other similar claims or pay~neDts. 11. Except as provided for in this Agreement, LLL and MLW each hereby forever r~ases, remises, discharges, and quit-claims the other add the estate of the o~her, for all time [o come and for all purposes ~]atsoever, fro,~ any action of an~ natura whatsoever in law or in equity, add forever releasms, remises, discharges, and quit- claims th~ other and the estate of such other~ for all time to come and for all purposes whatsoever, of and from any a,d all rights, titles, interests or claims in or against the other, or in or to the real, personal and/or mixed property of the other and all right of curtesy or dower or for equitable distribution, or claims in the nature of curt~sy or dower or claims for equitable distribution of property, or of widow's or widower's right and all rights~ titles, interes~s~ and claims which he or she now has or ever may have in and/or to the other's mstate, whether now owned or hereafter acquired, at his or her death~ an~ all rights, titles, interests and ~laims to takm against the othmr's will andTor under the Intestate laws, or of family exertion or similar allowance or ali other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising ,ander the laws of (a) Pennsylvanig or (b) any sta[e, Commonwealth or te~tory of the United States, or (c) any other country, and aacb and every additional right, title, interest and claim or right to any ac,counting he or she has or ever may~va in the other or as LLL~s wife or widow or as ~W's husband or widower, inclt~ding any and all claims, demands, liabilities, and obligations whether arising out of the marital relationship by reason of the ownership or jQimt ownership of amy real or personal property, or by reason of any othcr matter or thing whatsoever as well as each and every mdditional right, title, interest and claim he or she has or ever may have against the other, his or her heirs, e×ecutor$, ~dministrators and assigns, accepting only the obligations, right and claim~ imposed or enuring to the benefit of either of the parties by reason of th~ terms of this Agreement. 12. Each par~y shall, from time to time, upon the r~quest of the other, join in, execute and acknowledge any instrument and instruments appropriate o~necessary to cmrry into effect ~he in~entior~ and provisions of ~hi~ Agreement. Without limiting the generality o~ any ~, the ~oregozng, in partic~lar~atter said contemplated marriage, in th~ event either of the parties hereto should desire to mortgage or ~ell or convey any assets, whether real or personal property, the other party will join in said deed 13. Exc~ as provided for in this Agreement, each of the parties hmreto shall if the d~cedent had been the last to die. This provision is intended to constitute confer ~hird party beneficiary rights upon the other heirs and beneficiaries of each. in and by his or her Last Will and Testament. Unless named as such in the other party's Last Will and Testament, each of the part~ hereby releases, relinquJ~es and waives 14. l~is Agreement shall be constrt~ed under the laws of the Common~alth of STATE OF PENNSYlVAnIA : :SS COUNTY OF CUMBER~LAND ; On this, the I~~ day of ~)o~/~ , 1986, before me, the uudersigned officer, personally appeared LEO L. LAY kno%m to ~e for satisfactorily proven~ to be tbe person whose name is subscribed to the within instrument, and acknowledged that he executed [he same for the purposes therein contained. IN WITNESS ~dEREOF, I hereunto set my hand and official seal, (SEAL) STATE OF PEg~SYLVJ~NIA : :SS COUNTY OF CUMBERI~kND : officer, personally appeared MARY LOU WARNYR known to me (or satisfactorily proven) to be the person whose name is subscribed to thm within instrument, and acknowledged · that she executed the same for ~he purposes ~herein contained. IN WITNESS WMEREOF, I hereunto set my hand and official seal. (SEAL) EXHIBIT PROPERTY ~2qD ESTATE, ETC, OF LRO L. LAY REAL ESTATE i. Farm situate along the Alexander's Spring Road in Dickinson TownshiP, Cumberland County, Pennsylvania, containing 115 scram, more or less, which was acquired from his father, Oren D., by deed dated April 22, 1975 and recorded in Deed Book "A", Vol. 26, Page 376~ Farm situate along the Mooredala Road in Dickinson Township, Cumberland County, Pennsylvania, containing 191 acres, more or less, which was acquired from his father's estate by Award of Real E~tate dated March 3, 1978 and recorded in Deed Book "R"~ Vol. 27, Page 228. 3. ~House mituata in Atmor~, Alabama, known and numbered as No. 218 BANK ACCOUNTS 1. Bill Financial, C~ $12,000.00 2. Hill Financial, CD $20~000.00 3. Hill Financial, CD $20,000.00 4. Hill Financial, CD $10,O14.79 5. Dauphin Deposit, CD $10,000.00 6. Dauphin Deposit, C~king Acc't $15,473.00 MISCELLANEOUS 1982 Oldsmobile 4 door Sedan 2. Misc. used furniture 3. Old farm machinery, all depreciated except for a tractor which has a LIFE INSURANCE - None EMPLOYMENT Farmed for and with my father and th,~n self employed farming, SUPPORT STATUS Is and has been self supporting, PROPERTY AND ESTATE, ETC. OF MARl? LOU WARNER BANK ACCOUNTS 1. Dauphin Deposit, Checking Acc't $ 799,0D 2, Credit Union Acc't 1,000.O0 MISCELLANEOUS 1, 1983 Dodge 4 door Sedan 2. Small household items 3. L~z Tractor LIFE INSURANCE While working $36,750.00 2. Pa. State Hospitalization, Medical, Medicine coverages EMPLOlqMENT Employed at Commonwealth of Pennsylvania for 13% years, Presently with Bureau of Traffic Safety, State Retirement Fund $8,490.00 SUPPORT STATUS Is and has been self supporting. MA~Y LOU WARNER ~IST OF S~i~LL HOUSEHOLD ITEP~ Stereo set, records and stand 12 inch color Quasar TV and stand Pole lamp (brown) Owl table lamp Dishes & glasses in china closet aim silverware sat Bookcase and all my books ~/1 the Tupperware Living room throw rugs Afghan (green, orange & yellow) Tablecloths (1 good whirs one and 3 old Weed Wacker Bad clothes, towels, wash cloths & clothes hamper~ Picnic equipment Sewing machine Coatrack Hand mi~er 5 piece brown lusgage set Many small kitchen items Christmas tree and ail the tri~aings Decorations in Atmore house Record player and speaker Dauphin Deposit Savings Account No, 11-61595-4 INTEI I$'I$ of Central Pa. Peter M Bmr, M P ? Lawr*~¢,~ B, Zumncrm~,n, M P M~chad L Gluck, M D Mz~ A. D~chde, M D I-L~P, RISVIEW PROFESSIONAL C'E NTEA · 1~ LOWI~tER ST. P,O, BOX toff, LEMOYI-,FE,'PA 1 ?~3.L)107 · (717) 774-1366 FAX (717) ?74-4232 October 19, 2000 Harry V Pfautz, M D 315 Noah H~gh Street Duncalmon, PA 17020 RE Mary Lou Lay Dear Doctor Pfautz Thank you for die prwtlege of taking cai e ofx our patwnt, Mai3, Lou Lay at Holy Sp:nt Hospital from October 14, 2000 through October ]8. 2000 Discharge Medications Las~x 40rog bid, K-Dur 20mEq qd, Premarin 1 25rog qd, L p:tor 10rog qd, Thyro;d grams I b:d, and 70/30 msuhn 50 umts bid, Ecotrin 325mg qd : She was also gwen file phone numbers for the Domest:c Violence Support~gency 1-800-852-2102, and the Cumberland County ?rotecnve Sen, ices at 240-6110 The portent s~ates that sine has demded thai as dlfficuk e dec:s~on as ~t was, she v,'dl not return home She x~ Ill be pecked up by her daughter and taken first to the paueiWs daughter's home and then later to friend'~ house TMs :s at least the fifth Holy Spirit Hosp:tal ~dmlssmn for th~s 62 )'ear old woman who has long standing congest:ye fadure She developed increasing swelhng and shortness of bred. th w~th orthopnea and paroxysmal nocturnal dyspnea. The mght before adm~smon, she developed constant chest he.~vmess She could not walk and was brought to tine Emergency Room Actually, she was not really brought no the Emergency Room. Her husband apparently made her fimsh the dishes a~d put them away, even though she could hardly breathe, made her ~alk out to thc car, and he parked m the parking lot away from the Emergency Room and made her walk m without any assistance On exammanon, there was some exp:ratory wheezing and scattered coarse roles, partleulariy in [he right lung field He portent was wslbly dyspneic Soft S4 and soft systohc murmur were heard There evidence of pr:or left m~stectomy, and there ~as I to 2+ edema bdalerally CBC was normal BUN rose from 16 Io 25 Crearmme remained normal Electrolytes were fine Glucose was initially 255 down to nhe normal range. L~ver function and calcium normal Urmalysls normal B 12 level elevated at 1437 wgh a folate at 17 $ and hemoglobin Al C of 5 8% which ts terrific. TSH was 0 92 Urine culture was neg~twc EXHIBIT "B" RE Mary Lou Lay Page Two EKGshowedleffax~sdeviatlonwlthleftbundlebranchblock Chest x-ray reportedly showed no active d~sease of the chest Echocardiogram showed an ejedt~on fraction of approximately 30-35% Mu}tlple regional wall motion abnormalities, especially septal ~'nd anterior hypokmes~ There was ventncular dmstobc dysfunctmn as well The comment was made that the ej¢CllO~ fraction estimate on the previous echocaidmgram w~* belseved to be an overesmn?e There was no s~gmficanf m~tral regurg~lat~on DP thallmm stress test was tolerated well Electroc,~rd~ograpNc port~o~, ofcourse, shows left bundle branch block The aural report from Dr Junsec indicated that there were no revemble ~schemm areas There was abse~t act~x,x~ m the inferior aspect of the hard to t}~e apex, and tracer uptake was relatively normn~l e/sewhece Perhaps a hRle b~t of reduction m the supellor pop,ion of the m~d septum In the absence of any revers~Nhw, fu~her mte~,ention x~ as not going to ~ helpfu~ in Follow up, she x~mll need the following, lnsr~tution of ACE inhibmx the~ apy 2 lnst~tution of Coreg therapy, ~f tolerated 3 Follow up of her renal function and electrol~qes 4 Assistance, as Ileed=d with her traflsltloi1 tO 8 safer hying environment She had some ~mlable ~wel Wpe symptomatolo~, and ts about to undergo,colonoscopy 'I w~ll a~ach an addendum tf any fuaher news ~s neeessaw She does have a histow ofe[lon polyps At tins juncture, we felt ~t safe to discharge her now Ihat she ~s no longer symptomalic w~th respect ~o her congestNe failure, and we could tltra/e her medications as an outpatlellt Again, thankyou forallowlngustotak~careofyourpatienr Please contact me w~ ~y questmns or collcems Very sincerely yours, Rmhard Schre~ber, M D, F A C P cc Holy Spent Hospital, Discharge Summary, Medical Record # 262500 PATIENT DISCHARGE INSTRUCTIONS ! ~; ~ and if nec~r provides orders f? any home health ~. ency follow-up. This form serves as your discharge instructions Fo,low~up appoint~,nt--Name of Doctor ~(~'q '-7)~:~:/.~.~) Phoni Da~:e~Time of Appointment / days/~ ~m ~ Call your Doct~ office within the next few days to make'an appointment ~ %. ~/ now. If you have an~uestions before your appointment, call your doctor. ~ Home Care Agency _ ~ ~ , ,, ,, Phone ~ , ~ ~ You may resume your Regular Diet, ~,.~e~ial Diet ,.',,~?,-~ :> ~:,LZ~_ ~ You may resume normal activities as tolerated ~ YOU may rCtur~ to work: ~You should restrict your activities as follows ~ 0 dC ¢ ¢,~ "~ SURGICAL WOUND CARE -- If you have increased pain, redness or drainage frorr~dour'wound or a persistent temperature over 100 degrees, call your doctor. [~ Your incision may be gently cleansed witbl soap and water, c..,¢:¢'~ f~>' /~.6¢_..,,.,,,.~¢ ¢-. ¢ ~ _ ~% HOME CARE ORDERS/SPECIAL INSTRUCTIONS: DISCHARGE MED[CATFONS -- Include dose, frequency, instructions (* indicates ~rescriptions given to patient) ~ None ~ 8 ' FREQUENCY, ., ' .'. rREQUENOYI ., ~..E,;. · ..... Ns~u~? eNe- , · ..'~E..OF DRU~ · ... - .?., '~'. :..:,"..1:'.. .. ~i: .~. - ":: NAME OF DRUG t:.'; .,, ~ ~ ,..-~..L/Y '~ "" ~ ~ i I ' . , ., , , lq:. , . . ':%' ,.,, ? ., : '", Meal cards with food/drug interaction guide given. DISCHARGE INSTRUCTIONS Form No. 182 (11/98) A1ter review and discussjg¢', patient / family / significaht other ?rbalizes understanding of instructions and receives copy. //// . &; , , Signature of Patient/~¢~ff'~nt Phasic)an signature ~ ~ / f Date Time ~¢~t~ ~ L O" fO~b~ ~ Tim~ HOLY SPIRIT HOSPITAL 6~RL I IJ/14/o~ Z4'~-5194 F ~ I PPP' - Camp Hill, PA I t/24/t9~7 SS I69-44-Z621 The Spirit of Caring ~HOLY . -~CIAL SERVICE DEPARTMEN. 763-2346 ©omestic ¢;io['ence Services Of Cum ~er£anc[ e~ (Perry Counties (P.O. ~o~039, (717) 25~4806 Car[is[e, ®fl 17013-6039 October 3 i, 2000 To Whom It May Concern: This letter has been written to verify that Mary Lou Lay ~s a victim of domestic violence and a client of Domestic Violence Services of Q4~xnberland and Perry Counties. Mary Lou is a resident at our shelter and is?~urre~ntly awmtmg housing. t If you have any questions, please feel free to,contact me at 258-4806, Monday through Friday. Sincerely, Amanda Harrison Resident Counselor/Advocate DVS/CP EXHIBIT "C" : ~fie oafficia£ reg~tration attff dqnanciaf infomlatio~ t~ ~)omestic ~ce Sem~ces of ~m~aff ~ ~e~ Count,s may ~e o~taine~ fiom the ~en~&an~ ~epa;~tn~nt qf 3'tate & calh)t~ to[(~ee, wtthin ~enn~[van~, 1 (~00) 732-0999. ~trat~n &es not imp~ e~orsem~nt, DEA # AR2334390 Lic, ct OS0o0612L HARRY V. pFAUTZ, D.O. 315 N. HIGH ST. DUNCANN©N, PA 17020 (717) 8~4-3511 Fax: 834-6569 SEOURI' FEATURES ON B~OK D~te.....~./~..~:~':: ........ IN O~D~ FO~ A B~AND NAM~ P~O~o'B~ISRENSED, TH~ P~ESO~IBE~ MUST HAND W~tTE "B~AND NECeSSAry" Q~ "B~AND MEDICALLY NECESSABy" IN TH~ SPACE BELOW. EXHIBIT "D" FARM MACHINERY AND EQUIPMENT USED FOR OPERATING FARM OF LEO L. LAY (as of November 1986 and compiled by Mary Lou Lay, February 23, 2001) 8 tractors, one of them not in working condition 1 hay rake A 2 row corn planter 1 hay bailer 2 drills 2 elevators 3 wagons (one held for parts) flat bed 2 corn huskers 1 grind feed mill Milking accessories, milk cans etc. 2 combines 2 disks 2 harrows (8 ft. and 6 ft.) 1 drag 1 mower (runs with tractor) Every type of tool to fix these machines 3 bin wagons ] grass sower 1 GMC truck 2 cars, green one and blue one EXHIBIT "E" VERIFICATION [ verify that the statements made in the foregoing paper a~e true and correct. understand that false statements herein are made subject to the penalties of ] 8 Pa. C.S. Section 4904, relating to unswom falsifi~:ation to the authorities. DATED: CERTIFICATE OF SERVICE AND NOW, this 26th day of February, 2001, I, William S. Daniels, attorney for Plaintiff, Mary Lou Lay, hereby certify that on this day the within Complaint for Declaratory Judgment was served by my handing a copy attested by the Prothonotary to the Defendant's attorney of record, Edward L. Scborpp, Esquire, at the Cumberland County Cotu'thouse at or about 8:45 o'clock A.M. on February 26, 2001 in accordance with Pa. R.C.P. 400(b) and 402(b), with a separate document attached for Acceptance of Service by Defendant's attorney and subsequent filing. William S. Daniels, Esquire MARY LOU LAY, Plaintiff VS. LEO L. LAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~/-/~2;''- CIVIL 2001 CIVIL ACTION - DECLARATORY JUDGMENT ACCEPTANCE OF SERVICE I accept service of the Plaintiff's Complaint for Declaratory Judgment on behalf of Defendant, Leo L. Lay, and certify that I am authorized to do so. Ten East High Street Carlisle, PA 17013