HomeMy WebLinkAbout94-03936
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FRANCES S. LEAMY,
Plaintiff
I
I
I
I
I
1
1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. fftJ-?/1.30 ~~.,.~
CIVIL ACTION
IN EQUITY
vs.
MARTHA J. MULLIN,
Defendant
N 0 TIC B
YOU HAVE BEEN SUED IN COURT. If you wish to defend againet
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by
attorney and filing in writing with ths Court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further
notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOT I C I A
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguiented,
usted tiene viente (20) diaB de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por obongado u.archivar en la corte en
forma escrita SUB defensaB 0 sus objeciones a laB demandas en
contra de BU persona. Se avisado que si usted no Be defiende, la
oorte tomara medidas tu puede entrar una orden contra usted sin
previo eviso 0 notificacion Y por cualquier queja 0 alivio que es
pedido en la peticion de demanda. Usted puede perder dinero 0
SUB propiedades 0 ostros derechos impoprtantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGE IMMEDIATAMENT. 51 NO TIENE
ABOGAnDO 0 SI NO TIENE EL DINERO SUFICIENTE DO PAGAn TAL
SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION DE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON DE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
COURT ADMINISTRATOR
1 COURTHOUSB SQUARE
CUMBBRLAND COUNTY COURT BOUSH
CARLISLE, PA 17013
(717) 240-6200
.
FRANCBS S. LBAHY, I IN THB COURT OF COMMON PLBAS OF
plaintiff I CUMBBRLAND COUNTY, PBNNSYLVANIA
l' I 9'1' ,1'1 ,.J(. ~ fjun
vs. I No.
:
MARTHA J. MULLIN, I CIVIL ACTION
Defendant 1 IN BQUITY
DBCREB SCHBOULING DBARING
AND NOW, this
day of
1994, it is
hereby ORDERED and DECREED that a hearing shall be held on the
above-captioned matter before the cumberland County Court of
Common Pleas in the cumberland County Court House, Courtroom
Number
, on the
day of
1994, at
o'clock.
ay THB COURTI
J.
FRANCBS s. LBAMY! r IN THB COURT OF COMMON PLBAS OF
Plaint ff I CUMBBRLAND COUNTY, PBNNSYLVANIA
" I cp, -;;.'~'-
I. VI. I No. LI'I' ,H~c.
r
MARTHA J. MULLIN, . CIVIL ACTION
Defendant . IN EQUITY
DBCRER TO RETURN FUNDS
J,
AND NOW, this
day of
1994, it is
hereby ORDERED and DECREED that the defendant Martha J. Mullin
will return title and possession of the funde located in Farmer'.
Trust Account Number 3-98438 to the plaintiff Francee S. Leamy.
"
I
BY THB COURT.
J.
VS.
I IN THB COURT OF COMMON PLBAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I No. qL/ - 313(c.
I
I CIVIL ACTION
I IN BQUITY
FRANCES s. LEAMY!
Plaint ff
MARTHA J. MULLIN,
Defendant
COMPLAINT IN BOUITY
The Plaintiff, Frances S. Leamy, by and through her
attor.ney, Patrick F. Lauer, Jr., Esq., and her attorney in fact,
Daniel R. Leamy, Jr., POA, in support of her petition for return
of the funds located in Farmer's Trust Company Aocount Number
3-98438 respectfully avers the following I
1. The plaintiff is Frances S. Leamy of 300l Lincoln
Street, Camp Hill, Pennsylvania l70ll.
2. The defendant is Martha Jane MUllin, daughter of the
plaintiff, residing at 3505 Woodley Road NW, Washington, D.C.
200l6.
3. The plaintiff, Mrs. Leamy, is a widow, approximately 82
years of age, who was diagnosed in April 1994 as severely
mentally disabled.
See Exhibit "A" attached hereto and
incorporated herein by reference. For several years, Mrs. Leamy
has undergone alternating periods of lucidity and instability.
4. Her present attorney in fact is Daniel R. Leamy, Jr. of
3001 Lincoln Street, Camp lIill, Pennsylvania 17011. See Exhibit
"B" attached hereto and incorporated herein by reference.
5. On or about September 30, 1987, the defendant was
appointed as an attorney in fact of her mother, Mrs. Leamy. See
Exhibit "C" attached hereto and incorporated herein by reference.
6. On or about May 21, 1992, Mrs. Leamy revoked all powers
of attorney resting in the defendant. See Exhibit "D" attached
hereto and incorporated herein by reference.
7. In May of 1992, the defendant utilized a power of
attorney or some similar document to withdraw $128,000.00 from
Mrs. Leamy's account with BBLCO Federal Credit Union. See
Exhibit "E" attached hereto and incorporated by reference. Mrs.
Leamy had no knowledge that the money was being withdrawn from
the account.
8. The $128,000.00 was transferred from BELCO to the West
Shore Office of the Farmer's Trust Company, 3805 Trindle Road,
Camp lIill, Pennsylvania 17011, and on or about August 7, 1992,
account number 3-98438 was opened in the amount of $l28,000.00
with the customer service assistance of Judy lIejanowski, a former
employee of Farmer's. See Exhibit "F" attached hereto and
incorporated herein by reference.
9. Account number 3-98438 was opened without the use of a
power of attorney. At the defendant's instance, the account was
opened in the name of Mre. Leamy and Defendant Martha J. Mullin,
jointly with right of survivorship and requiring the signatures
of both in order to accese the account. See Exhibit "F."
10. It is unclear at this point whether the defendant
utilized a void copy of the 19B7 pcwer of attorney or a power of
attorney she may have obtained from Mrs. Leamy subsequent to the
May 1992 revooation.
ll. Plaintiff avers that the defendant has obtained, at
several points, power of attorney over Mrs. Leamy's aocounts.
12. The defendant has been removed as attorney in fact.
See Exhibit "G" attaohed hereto and incorporated herein by
reference.
l3. Once removed as a attorney in fact, the defendant
should no longer have control over Mrs. Leamy's acoounts,
partioularly one with right of survivorship.
14. No oonsideration was ever reoeived by Mrs. Leamy for
the transfer, nor was the transfer a gift.
15. The interest-bearing acoount is presently valued at
approximately $l35,OOO.OO. See Exhibit "H" attached hereto and
incorporated ~erein by reference.
16. Mrs. Leamy was named as the interest reporting taxpayer
for the account. Bee attached Exhibit "F."
17. However, Mrs. Leamy has been unable to access the
aocount because of the two signature requirement.
lB. The defendant has refused to sign papers permitting
either Mrs. Leamy or her rightfUl present attorney in fact to
access the aocount.
19. Demands have been made of the defendant for return of
the property, regarding which Plaintiff Frances B. Leamy has
received no reply.
See Exhibit "I" attached hereto and
incorporated herein by reference.
20. The defendant wae at the time of the tranefers, and has
sinoe on several occasione been, in a position of overmastering
influence over Mrs. Leamy.
21. Mrs. Leamy wae at the time of the tranefers, and
continues increaeingly to be in a position of weakness,
dependence, or trust as to the defendant.
22. Mre. Leamy requires daily home care for her health and
welfare and is in need of her assets to maintain her current
standard of living.
WHEREFORE, Plaintiff Frances S. Leamy respectfully requeets
that this Court, after any appropriate hearing, order that
Defendant Martha J. Mullin return title to the monies of Farmer's
Trust Aooount Number 3-98438 to Frances S. Leamy.
IJ/'~lIti T)~l~
Respectfully submitted,
Datel
'1<(1-11
Patrick F. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011
IDH 46430 Tel (717) 763-1800
FRANCBS S. LBAMY, I IN THB COURT OF COMMON PLBAS OF
Plaintiff I CUMBBRLAND COUNTY, PBNNSYLVANIA
.
VS. I No.
r
MARTHA J. MULLIN, . CIVIL ACTION
Defendant I IN EQUITY
VBRIPICATION
I, DANIEL R. LEAMY, JR., state that I am the ATTORNBY IN
FACT for the PLAINTIFF in the above-captioned oase and that the
facts set forth in the above COMPLAINT IN EQUITY are true and
correct to the best of my knowledge, information, and belief.
I realize that false statements herein are subject to the
penalties for unsworn falsification to authorities under l8 Pa.
C.S.A. S 4940.
Date. -, ~ ('!; -~t.r_
vs.
I IN THB COURT OF COMMON PLBAS OF
I CUMBBRLAND COUNTY, PBNNSYLVANIA
I
I No.
I
I CIVIL ACTION
I IN EQUITY
FRANCBS s. LEAMY1
Plaint ff
MARTHA J. MULLIN,
Defendant
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the
foregoing COMPLAINT IN EQUITY upon the person, and in the manner,
indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of
the same with the United states Post Office at Camp Hill,
Pennsylvania, through first class mail, prepaid and addressed as
follows I
Martha J. Mullin
3505 Woodley Road NW
Washington, DC 20016
f?
Prick F. Lauer, Jr., Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania l7011
IDH 46430 Telephone (7l7) 763-1800
Date I 7- (2 -err
V IIql~.)
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D, 0 The palielll is not 5everely mentally dilabled and in nced of invulunlary treatlllent.
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IIIONATUAE OF EMAMINING OR TREATING PHVSICIAN)
PART IV (Q>l'\.j 01-1"-1./ \')'
CERTIFICATION BY TUE COURT FOR EXTENDED INVOLUNTARY
EMERGENCY TREATMENT - SECfION 30J
In the Court of ~ W4v- f~,.....,
of
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County
In reI
lerm.19_
-fY""Iv?ut->- <; , L e t1 (111'7
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'1'( . i'll' t':. {I l'if 'f
No,____'_~~_,_.
CertiOcation for Extended Treatment
This 11f{ day of _ ~ _. 1'1"1YaflCl h."nllg and cumidcratillll of:
(Details of findings, Include details a~why Ircatl1lenl is needed, Attach rcpom.testimuny.
etc,)
fp,~1Vj '\ by, n1CicJl~ H~.1: ~/J~~J ~t~ f~,yh
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Thl' wurt fillds th.11 the l'"tit.1It I Da is 0 is ulltl
of t""ltllll'lIl, Acwrdiugly, the court ll"lns Ih"t: (Check A ur 11)
,
sl'verL'iy'lIlent"IIy disabled ilnd ill need
A,IZJ
.I({~~--~, Le!':.!~
CNAtolE OF PATIENT!
receive I
o outpatient,
D partial hospitalization,
I2U inpatientlreatment
which Is the leasl restrlcllve treatment selling appropriate for the patient at
(. f)1, H I~ as a severely mentally disabled
tNAME OF FACILITYI
person pursuant to the provisions of Secll 1 3 3~f the MenIal Heallh Procedures Act
of 1976 for a period of w __ .
o EXCEED 20 OAV
n. 0 The person is not subject to involuntary trealmenl.
I have explained 10 Ihe patient that if his/her conference was before a Mental Health Review Officer
he/she may petition the court for a review of any decisions reached at this conference.
(Check appropriate block)
~ The patient was represenled by
"Se ,-rot W, f3r/1.AMJ fs".
1../0 r mMk-t J II) ~ 1.).:t.I J 011 II/)/,I
(NAME AND ADDRESs OF ATTORNEVI '
o The patielll declined representation.
for the cou~\.111I/LA..JJ-
,
I~ ~ I-I;;;;tt Ikv~ 1ft k
PAOE . 01 ..
tolll 184 ' 1.82
Exhibit B
POWER OF AT1'ORNEY
KNOW ALL MEN BY THESE PRESENTS, that I, FRANCES S. LEAMY, of
Camp lIill, Cumberland County, Pennsylvania, do hereby make,
oonBtitute and appoint DANIEL R. LEAMY, JR., of Camp Hill,
Cumberland county, Pennsylvania, my true and lawful attorney, under
the terms and conditions and with the powers and authority
contained herein.
My attorney shall have power and authority to do and perform
all and every act and thing whatsoever necessary to be done in the
premises, as fully and to all intents and purposes as I might or
could do if personally present, with full power of substitution and
revocation, and I hereby ratify and confirm all that my attorney
may do pursuant to this power of attorney.
My attorney shall have power and authority to manage, sell,
buy, convey, and mortgage real or personal property, to take title
to property in my name if my attorney thinks proper, to execute,
acknowledge, and deliver deeds, mortgages, releases, satisfactions,
and any other instruments relating to real or personal property
which my attorney considers necessary and proper, to place in
effect insurance, to endorse all checks and drafts made payable to
my order, and collect the proceeds, to enter and remove from any
safe deposit box or boxes that are standing in my name any items,
to sign my name for checks on all accounts standing in my name, to
withdraw funds from said accounts and to open accounts in his name
or my name as attorney in fact, to collect and receive all sums of
money, di vidends, interest, payments on account of debts and
legacies and all property now due or which may hereafter become due
and owing to me, and to give good and valid receipts and discharges
for such payments, to apply for and receive any retirement benefits
to which I may be entitled, to apply for and receive any federal,
state, or other medical assistance or financial benefits, to
authorize my admission to a medical, nursing, residential or
similar facility and to enter into agreements for my care, to
authorize medical and surgical procedures, to sell, assign, and
transfer stocks and bonds and securities standing in my name at
such prices and on such terms as shall seem reasonable to my
attorney, to borrow money, to pledge therefor any property, real or
personal, which I may own, to make such payments and expenditures
as may be necessary in connection with any of the foregoing matters
or with the administration of my affairs, to make gifts of my
property, to create a trust for my benefit, to make additions to
any existing trust or trusts for my benefit, to claim an elective
share of the estate of my deceased spouse, to disclaim any interest
in property, to renounce fiduciary positions, to withdraw and
receive income or corpus of a trust, to retain counsel and
attorneys on my behalf to appear for me in any action in which I
may be a party or my interest affected, and, in sum, to do all
those things which I might do with my property, whether real or
personal, and not to be limited in his power and authority to act
for me in those powers enumerated herein.
Provided, however, that this power of attorney shall not
expire and be null Qnd void until revoked by me In writing.
It is my intent, and I do hereby direct, that this Power of
Attorney shall not be terminated or otherwise affected by my
subsequent disability or incapacity. All aots done by my attorney-
in-fact, pursuant to this Power of Attorney, during any such period
in which I am disabled or incapacitated, shall have the same effect
and shall be binding upon my heirs, administrators and successors
in interest just as if I were competent and not disabled.
In the event incompetency proceedings are deemed necessary for
the protection of my person or estate, and are initiated, I hereby
S:Y~IRIT r.
:7
c;-A\!l.o-n ('_tooL).-'.J \j.~{u)'lj
,'*/V.)U/O
POWER OF ATTORNEY
KNOW ALL MEN IlY THESE PRESENTS, that I, FRANCES S.
LEAHY, of the Dorough of Camp Hill, County of Cumberland and
Commonwealth of
Pennsylvania do by these . presents
constitute, make and appoint my daughter, MAHTHA JANE
MULLIN, of Washington, D.C. my true and lawful attorney.
1. To ask, demand, sue for, recover and receive all
sums of money, debts, goods, merchandise, chattels, effects
and things of whatsoever nature or description which are now
or hereafter shall be or become owing, due, payable or
belonging to me in or by any right whatsoever, and upon
receipt thereof, to make, sign, execute and deliver such
receipts, releases or other discharges for the same,
respectively, as my attorney-in-fact shall think fit.
2. To deposit any moneys which may como into said
attorney I s hand as such attorney-in-fact with any bank or
bankers, either in my or said attorney's own name, and any
of such money or any other money to which I am entitled
which now is or shall be 50 deposited, to withdraw DS said
attorney shall think fitl to sign mutual savings bank and
savings and loan association withdrawal orders, to sign and
endorse checks payable to my order and to draw, accept,
make, endorse, discount or otherwise deal with any billa of
mercantile instrument, to borrow any sum or nums of money on
such termn and with such security as said attorney Inay think
fit and for that purpose, to execute all notes or other
instruments which may be necessary or properl and to have
access to any and all safe deposit boxes registered in my
name.
3. To sell, assign, transfer and dispose bf any and
all stocks, bonds, including U. S. Savings Bonds, loans,
mortgages or other securities registered in my namel and to
collect and receipt for all interest and dividends due and
payable to me.
4. To purchase, terminate, borrow against, and cash in
all manner of insurance coverages, including but not limited
to life, hazard, liability, health and accident. Also, file
claims, to receipt for settlement and benefit payments and
to elect option Is) with respect to payments to which I may
become entitled.
5. '1'0 enter into and take possession of all such
messuages, lands, tenements, hereditaments, and real estate
whatever, to or in which I am or may be in any \~ay entitled
or interested, and to grant, bargain, and sell the same, or
any part or parcel thereof, for such sum or price and on
such terms as my said attorney-in-fact, in such attorney's
sole discretion, shall deem appropriate, and for me and in
my name to make, execute, acknowledge and deliver good and
sufficient deeds and conveyances for the same, either with
or without covenants and warranty: and, until the sale
thereof, to let and domine the said real estate for lease,
and where appropdate, the recovery of possession thereof:
and to ask, demand, recover, and receive all sums of money
which shall become due and owing to me by means of such
bargain, sale, or lease, and to make all lawful ways and
means for the recovery thereof: to compound and a~ree for
the same, and to execute and deliver sufficient discharges
and acquittances therefor.
6. To invest in my name in any stock, shares, bonds,
securities or other property, real or personal, and to vary
such investments as said attorney-in-fact may deem best: and
to vote at meetings of shareholders or other meetings of any
corporation or company and to execute any proxies or other
instruments in connection therewith.
7. To commence, prosecute, discontinue or defend all
actions or other legal proceedings, touching my estate or
any part whatsoever, or touching any matter in which I or my
estate may be in any wise concerned, to settle, compromise,
or submit to arbitration any debt, demand or other right or
matter due me or concerning my estate as said attorney shall
deem best, and for such purpose to execute and deliver such
releases, discharges or other instruments as may be deemed
necessary and advisable: and to satisfy mortgages, including
exchange, checks, promissory notes or other commercial or
the execution of a good and sufficient release, or other
discharge of such mortgage.
6
"
8. To execute, acknowledge and filc Federal, State and
local income tax and personal property tax returns.
9. To engage, employ and dismiss any agents, clerks,
servants or other persons as said attorney-in-fact may deem
necessary and advisablo.
10. In general, to do all other acts/ deeds/ matters
and things whatsoever in or about my estate, property and
affairs and things herein, either particularly or generally
described, as fully and effectually to all intents and
purposes as I could do in my own proper person if personally
present / giving to my said attorney power to make and
substitute an attorney or attorneys for all the purposes
herein described, hereby ratifying and confirming all that
the said attorney or substitute (s) shall do therein by
virtue of these presents.
11. In addition to the powers and discretions herein
specifically given and conferred upon said attorney-in-fact,
and notwithstanding any usage or custom to the contrary, to
have the full power, right and authority to do, perform and
to cause to be done and performed all such acts, deeds,
matters and things in connection with my property and ostate
as my said attorney-in-fact shall doem reasonable, necessary
and proper, as fully, effectually and abaolutely as if said
attorney were the absolute owncr and posscssor thereof.
12. It is specifically understood that I am conferring
this power upon my attorney-in-fact, effoctive inunediately,
in contemplation that 1 may become physically unable I or
legally incompetent to handle my affairs, Ilnd that this
power is to continue in force and effect I even though I
should become physicallY unable or legally incompetent to
handle my affairs by reason of any condition of pHysical or
mental disability.
IN WITNESS \~IIEREOF, I have hereunto set my hand and
fA
seal this :3rJ day of September, 1987.
I
I
I
I
i
I
!
~~J,tc~
RA S s. LEAMY {J
,'~AA1 ~,' I' #/L/:1-1.l~lr'V
COHMONWEALTII OF PENNSYLVANIA'
I SSI
COUNTY OF CUMBERLAND.
<,,'dL
On this the'-...!l1- day of September, 1987, before me, a
notary public, appeared Frances S. Leamy, known to me (or
satisfactorily proven I to be the person who executed the
within Power of Attorney, and acknowledged that he exeouted
the same for the purposes therein contained.
In witness whereof, I
seal.
hereunto set my hand and official
~\ ,---'-
I)
Q/ftit~~mc) ~l\~j~t
Maronella - F. Mmer, NolafY Public
My CommilliDn hpulS Nmmbll 21, 198r
H.IIlsbull. PA OuphIR CDunlr
EXHIBIT 0
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REVOCATION OF POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS I That I, FRANCES S. LEAMY, of
3301 Lincoln street, camp Hill, Cumberland county, Pennsylvania,
have revoked, recalled, countermanded, and made void, and by these
presents to revoke, reoall, countermand, and to all intents and
purposes make null, void, and of no effect any and all powers of
attorney which I may have given to my daughter, MARTHA JANE MULLIN,
nee Leamy, and to my daughter, SUSAN L. THOMPSON, nee Leamy,
individually or jointly, and all powers and authorities therein and
thereby given and granted, and all other matters and things in or
in any of them contained, and all acts, matters or things
whatsoever which shall or may be acted, done, or performed, by
virtue or means thereof, in any manner whatsoever.
IN WITNESS WHEREOF, I have hereunto set my hand this al,r[f day
of May, 1992.
signed, Sealed, and
Delivered in the
prrenc~t~t"
VJ till ~. AtIb )
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REVOCATION OF POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTSI That I, FRANCES S. LEAMY, of
3301 Lincoln street, Camp Hill, cumberland county, penneylvania,
have revoked, recalled, countermanded, and made void, and by these
presents to revoke, reoall, countermand, and to all intents and
purposee make null, void, and of no effect any and all powers of
attorney which I may have given to my daughter, MARTHA JANE MULLIN,
nee Leamy, and to my daughter, SUSAN L. THOMPSON, nee Leamy,
individually or jointly, and all powers and authorities therein and
thereby given and granted, and all other matters and things in or
in any of them contained, and all acts, matters or things
whatsoevsr which shall or may be aoted, done, or performed, by
virtue or means thereof, in any manner whatsoever.
IN WITNESS WHEREOF, I have hereunto set my hand this t~h;:t day
of May, 1992.
Signed, Sealed, and
Delivered in the
prrenc~t~ t.
Vl fill (( ~'11/(J)
e:tlr6.~~rLI
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
I). /
--"1.-1..-(1/"-,11...,,1....--
ss
Jj;/J t
On this, the. day of May, 1992, before me, a notary
public, ths unders gne officer, personally appsared FRANCES S.
LEAMY, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within nstrument, and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial
seal the day and year first above written.
"-J L.<..,ttl. .../.-if'(:",Jl ..~ r-. ~
NO,tary publio
My commission Expiresl
(SEAL)
NOI^PIAL SEAL
JO ANN ALL[~MI, 'I,'tdry Publlr.
Oaupl"" Co[,"ly
"r ~l"lon ['Plrp'$ ~Jrth U, 1?9l
,
Exhibit E
UWUIHt.'U
NICIIOI.AIl & F()lt~IAN
May 27, 1992
CW COUNllL
0101\01 W OIKAI
TJLlPHONE
IIIn,IHH!
fAll
IIIn 13'~1
STEVE C "ICHOlAB
BRUCE 0 FOREMAN
UlcttAEll nOZMAN
J4MEI l WALSH
llGl NOAIIt 'lION! 8tAUI
HARRIS.URO. rENNanVANIA 11110
PILI NO 762-695
Robert E. Yetter, Esquire
METZGER, WICKERSHAM, KNAUSS , ERB
III Market street
PO Box 93
Harrisburg, PA 1710B-0093
In reI Frances S. Leamy
Dear Bobl
Harrisburg BELCO Federal credit Union has referred your letter o~
May 22, 1992 to me for response. Before statin9 our position, I
would like to correct several items which we believe are 11118-
statements of fact. First, Tr1sh Heisey is not the manager of
Harrisburg BELCO Federal credit Union. secondly, you make an
allegation concerning funds at Harrisburg BELCO Federal credit
Union in the name of Martha Jane Mullin. As you are probably
aware, it is impossible for us to discuss any funds of third
parties without authorization of the member.
As you discussed in your letter, Martha Jane Mullin presented a
power of attorney which appeared to be regularly executed by
Frances S. Leamy on which basis Martha Jane Mullin aocounts with
withdrew funds from an account at Harrisburg BELCO Federal credit
union in the name of Frances Leamy. We recognize that powers of
attorney may require fiduoiary obligations on the appointed
attorney. The credit Union made no determinination as to whether
or not the power of attorney in question authorized Ms. Mullin to
make a gift to herself or anyone else and we are unaware if the
power of attorney has ever been used by Ms. MUllin for that
purpose.
Finally, all transactions exeroising the power of attorney noted
occurrsd prior to date of the revocation of power of attorney which
you delivered to Harrisburg BELCO Federal Credit Union.
Very truly yours,
i~tu;(--
BaUCE D. FOREMAN
BDF/ar
eCI
Lonny J. Haurer
Tri,.h Heisey
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OPE OF ACCOUtfTtP...\ol'lall
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~''',,,..?< F'.'d 1'1 ,~u.~!I!:,):!!~m~!l!:' Ie".",,' 103-463-7150
r.,;,,,.,,, II. ,lIartlla Jane Mull1n 10"0'''''''
("jl"'H ';IW~'(II'.. AIM _3505 Woodley Rd . hl.pnal'llJ flat',l.,
1..,'IIc;.:OtdUl}".1 ___ N~~ Dr.. 2_l)Ol~4.l.Ilom'llcpa,,,,.nl
DllRMANT ACCOUNT fEE
T".pMan,
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WITl<DRAWALS , TRANSFERS
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REVOCATION or POWER or ATTORNEY
LEAMY, of 3001 Lincoln street, camp Hill, cumberland county,
Pennsylvania, have revoked, recalled, countermanded, and made void,
and by these presents do revoke, recall, countermand, and to all
intents and purposes make null, void, and of no effect any and all
powers of attorney which I may have given to my daughter, MARTHA
KNOW ALL MEN BY THESE PRESENTS 1
That I, FRANCES S.
JANE MULLIN, nee Leamy, and to my daughter, SUSAN L. THOMPSON, nee
Leamy, and to REV. MARK II. MULLIN, WAYNE c. THOMPSON, DONN L.
SNYDER, SALLY SNYDER, ANITA KISSINGER, LESTER KISSINGER, SCHUYLER
B. LOWE, CATHERINE LOWE, HELEN WILE, and GINNY HURLEY also known as
MRS. cHARLES A. HURLEY, individually or jointly, and all powers and
authorities therein and thereby given and granted, and all other
matters and things in or in any of them contained, and all acts,
matters or things whatsoever which shall or may be acted, done, or
performed, by virtue or means thereof, in any manner whatsoever.
IN WITNESS WHEREOF, I have hereunto set my hand this A c;l1!---
-
day of -Y;;d.Ic/A..- , 191L.
Signed, Sealed, and
Delivered in the Presence of
g,~ A!~"1,"W.l
'F ES S. Y
,0 PENNSYLVANIA
COUNTY OF O;tv.-flI.ji,., 1
On this, the dr1Jt- day of /J1a.rCh ,19ft
before me, a notary publ c, the undersigned officer, personally
appeared FRANCES S. LEAMY, known to me (or satiSfactorilY proven)
to be the person whose name is subscribed to the within instrument,
and acknowledged that she executed the same for the purpose therein
contained.
SS
IN WITNESS WHEREOF, I have hereunto set my hand and
notarial seal the day and year first above written.
Not~l ~caar~
My commisaion Expires
(SEAL)
NOTARIAL SEAL
JO ANN ALLEMAN, Notary Public
Dauphin Counly
My Commission Elplres March 8, 1997
/:vhlnll I-l
FINANel)11
TRUST CORP
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PLEASE HAMINE STATEMENT AT ONCE,
IF NO ERRORS ARE REPORTED WITHIN 10 DAYS.
THE ACCOUNT WILL bE CONSIDERED CORRECT,
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StfOWN UN lIn 'HUNT 0' 'lfl~, IJ'^" MUH
Exhibit I
LIlh' OF1-'1 Cll'S 010' J'A1'JIl CK F. LIlUll'I/, JJI.
21 OU HA/IKll'~' S~'Jlll'll'~'
CMl' JlILI" J'A 17011
(717) 763-1800 - J.~ (717) 763-4247
Jaweu X. Joneu, ll'uquire, Associate Counsel
(Haply to C4ll>p nill AddcUBU)
f8 South Duko stCout
rork, PA l740J
17J7) 846-1799
-BOO-B22 -f -LAIi
8 South Hanover Street
Suitu 203
Carlia1e, PA 17013
(717) 24li-6li7J
June 17. 1994
Reverend and Martha J. MUllin
3505 Woodley Road N. W.
Washington, D.C. 20016
Dear Reverend and Mrs. Mullinl
As you are aware, I represent Francee Leamy. It is apparent
that after reviewing my client'll financial reoorda, you had funda
tranllferred from a Delco account to an account with FarUler'a Truat
Company in Carliale, l'ennllylvania.
The money which wae originally held by Delco wae titled
excluaively in the name of Frances S. Leamy and eubaequently
deposited with Farmer's 'l'ruat Company in your name as well as
Frances S. Leamy.
A review of the recorda indicate that the account ia held
jointly and that Frances can not withdraw her funds without your
signature. Moreover, it appears to me thitt should Francell die all
of theae funds could possibly be transferred directly to you since
they are hold jointly with the right-of-aurvivorahip.
It has never been my client's intent to gift this money to you
or to permit you to tranllfer the money from Delco to Farmer' 0 'l'rust
in joint names.
Furthermore, you are awaro that any previoua power of attorney
given to you hall been revoked. You havo been informed of this
matter through my luw office ao well all throulJh attornoy Dob
Yetter.
At this juncture you have no legal rights to retain a logal or
equitable interest in tho funda held with Farmer' a 'l'rust.
My client prepared a new power of attornoy and hue requested
that Daniol Loamy, your brother, act all hor power of attorney.
Mra. La amy wanta you to agree to have your nlune withdrawn from
the Farmer'a 'l'rust chocking account and would like to L1ct up a date
and time for you to moet with me at my law office to facilitate
thia mattor.
Reverend and Mrs. Mullin
June 17, 1994
Page Two
The reason my client wants your name removed from the checking
account is because she never intended to gift thie money to you.
She doee not want to give these funds to you upon her death, as
well as the fact that she wants to control her money and
furthermore to insure that she will have adequate aBsets to cover
the expenses that she is currently incurring to have a caretaker be
with her when Mr. Leamy is working throughout the day.
I would appreciate it if you would contact my office to
schedule an appointment to get this matter resolved. Mrs. Leamy
wants your name removed from the checking account within three
weeks of the date of this letter. If you are unwilling to
voluntarily have your name removed from the checking account and
have these funds depositod in an account exclusively in the name of
Mrs. Leamy then it will be necessary for me to initiate legal
action against you.
Obviously, it is not my client'e intention to get involved in
a civil law suit, but she has instructed ms to proceed accordingly
should you not desire to meet with me immediately.
We would propose that we would meet at my law office at a date
convenient to both you and myself to get this matter resolved.
Please contact my office within ten days to schedule an appointment
to take care of this iBsue. If I do not hear from you within ten
days of the date of this letter, I will presume that you do not
intend to set up an appointment or transfer theBe funds to my
client and thus a law suit will be initiated immediatoly.
I await your reply.
Very truly yours,
f~ f'~"~,
"'-
Patrick F. Lauer, Jr., S,quire
PFL/eam
Enclosure
CCI Frances Leamy
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ME.TZGE.R. WICKERSHAM, KNAUSS & ERB
MELLON BAN" BUILDING
III MARKET STREET
P 0, Bo" 93
HARRISBURG, PENNSVLVANIA 17108-0093
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TELECQPI!" (7171234.9478
June 30, 1992
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Rev. Mark H. MUllin
3505 Woodley Road, N.W.
Washington, D.C. 20016
Re: Frances S. Leamv
p.'
Dear Rev. Mullinl
Reference your letter dated June 14, 1992, with respect to the
withdrawal of funds from the money market account of Franoes S.
Leamy in BBlco and deposit thereof in an account in the name of
your wife.
Based upon your letter, I assume that the account is only in
the name of your wife, with no designation that she is holding the
funds in trust or for the benefit of her mother. I also assume
that said bank account is using the social security number of your
wife and not Mrs. Leamy.
After extensive discussions with Mrs. Leamy, it is concluded
that she has no interest whatsoever in creating a trust. She is
quite capable of managing her own affairs.
On her behalf, we have demanded return of the funds. This
demand has been ignored. It appears that somebody has placed
themselves in the position of being both judge and jury as to the
disposition of the money which was taken from Mrs. Leamy'S bank
account. I can only interpret refusal to return the money as an
indication that the holder thereof desires to keep the funds.
If the transfer was a gift or a loan, it is necessary that the
Federal gift tax or Federal income tax consequences of the
transaction be dealt with. Was there a loan or gift of the entire
$130,000.00 to Mrs. Mullin? Was there a loan or gift of one-half
of the $130,000.00 to Mrs. Mullin and one-half of the $130,000.00
to Susan Thompson? or, was there a loan or a gift of one-third of
the $130,000.00 to Mrs. Mullin, one-third to Mrs. Thompson, and
one-third to Dan Leamy? And if the transaction were considered to
be an advance on inheritance, should the will of Mrs. Leamy be
FRANCES s. LEAMYl
Plaint ff
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
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NO. 94-3936 L'r,ly
CIVIL ACTION
IN EQUITY
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MARTHA J. MULLIN,
Defendant
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PRAECIPE TO DISMISS
TO THB PROTHONOTARY I
Kindly dismisB with prejudice the above-captioned civil
action as the caBe haB been settled.
'....
....
Respectfully Submitted I
~
Patrick F. Lauer, Jr.,
210B Market street
Camp Hill, PA l7011
(717) 763-lBOO
Supreme ct. ID' 46430
Esquire
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AUG 04 1994
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July 29, 1994
Ms Linda Moseman
Court Administrator
1 courthouse Square
Cumberland County Court House
Carliele, PA l70l3
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Dear Ms Mosemanl
I am writing about civil Aotion 94-3936, I.aamy vs Mullin. I
am enclosing a copy of the form send to me by Mrs. Leamy's
attorney, Patrick Lauer, which removes my name from the joint
account at Farmer's Trust. As you can see I have signed it as
requested by Mr. Lauer and I have returned it to him. I am also
enclosing a copy of a letter signed by Mr. Lauer saying that the
suit will be dismissed if I sign the form.
The account was established at the direct request of Mrs.
Leamy. I used the power of attorney she gave me in 1987. I
believe that she is now under the undue influence of her son,
Daniel R. Leamy, Jr, and that he is controlling her actions.
However, I have agreed to sign the document rather than have
Daniel Leamy, Jr. continue to cause Mrs. Leamy distress about
this matter.
Sincerely yours,
~Ja.v- ~
Martha Jane MUllin
3505 Woodley Rd., N.W.
Washington, D.C.
20016
...
July 20, 1994
Farmer's Trust Company
Customer Service Department
1 West High Street
Carlisle, Pennsylvania 17013
ReI Account Number 3-98438
To whom it may oonoernl
This letter is to serve as an expression of our desire to
close out Farmer's Trust Company Aooount Number 3-98438. Both
signatures required to aohieve thill are attached hereto.
Upon closure of Aooount Numbor 3-98438, please open a new,
personal, money market aooount individually in the name of Frances
S. Leamy.
Questions should be direotou to Franoes Leamy's attorneys I the
Law Offices of Patrick F. Lauer, Jr., 2108 Market street, Aztec
Building, Camp Hill, Pennsylvania 17011.
signed,
All1a:..L ck tu[",
Martha J~ne MUllin
Frances s. Leamy
LAW OFFICES OF PATRICK F. LAUER, JR.
2108 MARKET STREET
CAMP HILL, PA 17011
(717) 763-1800 - FAX (717) 763-4247
James K. Jones, Esquire, Associate Counsel
(Reply to c4IIIp H.1l1 Addre88)
48 South nuke street
York, PA 1740J
(717) 846-1799
J -800-822-4-LAII
8 South Hanover street
suite 203
carlisl., PA J7013
(717) 249-697J
July 21, 1994
Bartha J. Mullin
3505 Woodley Road, NW
Washington, DC 20016
Dear Marthal
I received a letter sent to my client, Frances Leamy, dated
July 14, 1994, which was signed by your husband, Mark.
I would like to confirm that you have agreed to eign the
necessary documents. I have forwarded these documents to you which
are necessary to have the assets placed solely in my client's name
with Farmer's Trust Bank.
In your husband's letter of July 14, 1994, your husband
indicated that you would be away from Washington from July 31 to
August 19.
I believe that I have sent this information to you well in
advance of the time in which you plan to be away from Washington
and thus I am requesting that these documents be signed immediately
and returned to my office.
My client und~rstands your concerns aa stated in your letter
of July 14, 1994, but desires to have theae funds placed in her
name alone.
As you know, a law suit was filed in order to have this
account placed exclusively in my client's name, and this law suit
will be dismissed upon receipt of the fully executed forms.
I await receipt of the consent forms which were forwarded to
you for your signature.