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Home My WebLink About95-01305 ',t. ( , Ji ~ :2::: ~ ;r Ir\ ',~ :,', ., ,,' '.." , ,I. . ~ 7-' ),. ,i'l' - - ,.r. : j \ ~ j , I". ::~ -' '" Go '"'" '0 o ~ ~ ~ ~ g ~ ;; ,0 j; 0 ~ ~ Z ~ 01 ~ ~ : " E ~ II < ~ l d ~ ~ ~ ~ ~ ~ I ~ i . , . . 1'1.-:T"I"~. IO:,o.'\NH .tv. ,'.cuan,.n..,.: ATTOI1r4l<Y8 ....T L-AW HAI1FlIfHIlJACl Pf.:f"j8VL..V""~IA t7110.00!iO '., 0 J.1U~ nluso PRANCES S. LEAMY and DANIEL R. LEAMY, JR., Plaintiffs :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNlY, PENNSYLVANIA :NO. 95-1305 EQUITY TERM v. MARK H. MULLIN, MARTHA J. MULLIN, WAYNE C. THOMPSON, :CIVIL ACTION and SUSAN L. THOMPSON, :IN EQUITY Defendants NOTICE TO PLEAD TO: Frances S. Leamy and Daniel R. Leamy, Jr., Plaintiffs c/o Patrick F. Lauer, Jr., Esquire 2108 Market Street Aztec Building Camp HilI, PA 17011 You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. METrE, EVANS & WOODSIDE By: "I. ' ') Jay n . Wolfgang, SI} . Ct. I. D. #62076 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17108-0950 (717) 232-5000 Attorneys for Defendants Mark H. Mullin and Martha J. Mullin DATE: April 11, 1995 29547 I FRANCES S. LEAMY and DANIEL R. LEAMY, JR., Plaintiffs :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 95.1305 EQUITY TERM v. MARK H. MULLIN, MARTHA J. MULLIN, WAYNE C. THOMPSON, and SUSAN L. THOMPSON, Defendants :CIVIL ACTION :IN EQUITY ANSWER WITH NEW MATIE~ OF DEFENDANTS MARK H. MULLIN. MARTHA r. MULLIN. WAYNE C. THOMPSON AND SUSAN L. THOMPSON TO THE COMPLAINT 1-4. Admitted. , 5. Admitted in part and denied in part. It is admitted that Plaintiff Frances S. Leamy is eighty-five (85) years of age. However, it is specifically denied that Plaintiff Daniel R. Leamy, Jr. is primary caretaker of Plaintiff Frances S. Leamy. 6. Denied. The averments contained in paragraph 6 constitute conclusions of law to which no responsive pleading is required. To the extent that a response may be required, it is specifically denied that Plaintiff Daniel R. Leamy, Jr. has authority pursuant to the Power of Attorney to institute legal action on behalf of Plaintiff Frances S. Leamy. Moreover, the Power of Attorney attached to the Complaint as Exhibit "A" is a documcnt which spcaks for itsclf, and any attempt by Plaintiffs to characterize the content or nature thcreof is specifically denied. 7. Admitted in part and denied in part. It is admitted that Plaintiff Frances S. Leamy has bcen hospitalized several times in the past for depression, physical, emotional and mental ailments. It is specifically denied, however, to the extent that Plaintiffs allege, explicitedly or implicitedly, that any such hospitalization was the result of physical, emotional and/or mental depression or ailment brought on by the conduct of Defendants. By way of further answer, it is believed, and therefore averred, that Plaintiff Frances S. Leamy was not hospitalized from 1944 until after Plaintiff Daniel R. Leamy, Jr. came to live with her. 8. Denied. It is specifically denied that Defendants Martha J. Mullin and Susan L. Thompson have harassed Plaintiff. To the contrary, Defendants Martha J. Mullin and Susan L. Thompson love and care very deeply for their mother, Plaintiff Frances S. Leamy, have only the best of intentions, and have their mother's best interests at heart. It is further specifically denied that Plaintiff Frances S. Leamy has ever specifically instructed Defendants not to arrive or visit Plaintiff without notice in writing or telephone calls in advance. - 2 - , ( 9. Denied. It is specifically denied that Defendants have shown up and entered Plaintiff's residence without any advance notice despite being warned. To the contrary, Frances 5. Leamy has never requested or instructed that she desired advanced notice prior to being visited by her Defendant daughters. It is further specifically denied that any actions on the part of Defendants have caused Plaintiff Frances 5. Leamy severe emotional distress. To the contrary, it is believed, and therefore averred, that any severe emotional distress to Plaintiff Frances 5. Leamy has been caused by Plaintiff Daniel R. Leamy, Jr. 10. Denied. It is specifically denied that Plaintiffs notified Defendants by certified mall that Plaintiffs were to be notified of any visitations in advance. To the contrary, it Is believed, and therefore averred, that the letter from Plaintiff's counsel, attached to the Complaint as Exhibit "B", was prepared and sent to Defendants at the behest of Plaintiff Daniel R. Leamy, Jr., and not Plaintiff Frances 5. Leamy. 11. Admitted in part and denied in part. It is admitted that on October 17, 1994, and February 24, 1995, Defendants visited with Plaintiff Frances 5. Leamy. However, it is specifically denied that they had any obligation to schedule the visitation in advance. Moreover, on February 24, 1995, Defendants specifically asked their mother whether she wanted them to come in, to which she responded that she did. In addition, it is specifically denied that Plaintiffs again notified Defendants by .3 . regular mail that Defendant were to notify Plaintiffs in advance of any visitation. By i J 1,1 way of further answer, the answers to paragraphs 8.10 above are hereby incorporated : i 1 " ;/ by reference. 12. Denied. It is specifically denied that Defendants have continually failed to observe Plaintiffs' demand to provide advance notification by telephone or in writing of any planned visitation. To the contrary, it is believed, and therefore averred, that any such notification is the requirement of Plaintiff Daniel R. Leamy, Jr. only, and not that of Plaintiff Frances S. Leamy. By way of further answer, the answers to paragraphs 8.11 are hereby incorporated by reference. 13. Denied. It is specifically denied that Dr. Jagadeesh K. Moola, has recommended that Defendants contact Plaintiff Frances S. Leamy prior to visitation to alleviate any emotional distress. The document attached to the Complaint as Exhibit "D" is a document which speaks for itself, and any attempt by Plaintiffs to characterize the content or nature thereof is specifically denied. By way of further answer, it is believed, and therefore averred, that the opinion of Dr. Moola was obtained by Plaintiff Daniel R. Leamy, Jr. through misrepresentation. .4. 14. Denied. The averments contained in paragraph 14 constitute conclusions of law to which no response is required. To the extent that a response is required, the answers to paragraphs 8-13 above are hereby incorporated by reference. 15. Denied. It is specifically denied that this Court should order Defendants not to visit Plaintiff in person without first providIng written notification to Plaintiffs. By way of further answer, the answers to paragraph 8-14 above are hereby incorporated by reference. WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs, plus attorneys fees. NEW MATTER 16. The answers to paragraphs 1-15 above are hereby incorporated by reference and alleged as affirma ti ve defenses. 17. The Complaint fails to state a claim against Defendants upon which relief can be granted. - 5 - lB. The Power of Attorney, dated June 30, 1993, in favor of Plaintiff Daniel R. Leamy, Jr., and attached to the Complaint as Exhibit "A", docs not grant Plaintiff Daniel R. Leamy, Jr. the authority to institute legal action on behalf of Plaintiff Frances S. Leamy. 19. Plaintiff's claims are barred pursuant to the Pennsylvania Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. 9101 et seq. 20. Plaintiff's claims are barred pursuant to the Doctrine of Laches. 21. At all times relevant hereto, all visits by Defendants with Plaintiff Frances S. Leamy were consensual in nature. ., 22. At all times relevant hereto, when Defendants visited Plaintiff Frances S. Leamy, Plaintiff Frances S. Leamy welcomed Defendants warmly and begged them to stay. 23. It is believed, and therefore averred, that Plaintiff Frances S. Leamy is prosecuting this action under duress from her son, Plaintiff Daniel R. Leamy, Jr., and that Plaintiff Daniel R. Leamy, Jr. is prosecuting this action through misrepresentation and artifice. { -6- ~ WHEREFORE, Defendants demand judgment In their favor and against Plaintiffs, plus attorneys fees. Respectfully submitted, METTE, EVANS & WOODSIDE BY: I 'oi E1ys E. ogers, Esquir Su . Ct. I.D. #41274 Jayson R. Wolfgang, Esquire Sup. Ct. I. D. #62076 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendants Mark H. Mullin and Martha J. Mullin DATE: April 11, 1995 ~. , i I I: l YJll\I1'JCA'11 ON J, MARI'HA. J. MULLIN, have read the foregoing' dO~\lLlLlll\\ And verify ~t thlJ fact~ ~t forth therein are lrI.lu WIU conca to the 1;Je1t of m)' knowledS-' lnformaHnn IInd UIlUe!. To the extent thllt the foregoing doC\\n\f1nt and/or its lAnguage !5 tluIt ur cournel, I hay. reli4d. upon collnl;,!lln making ~ VllrLCiaticn. I unelerstAnd thAt 11%\1 ial5e .tatlUllenls l1U1r.lf' hel'WlllfC subject to the ptJludUes of 18l'a. CS.A. 94904, relating to W-oSW(lm falsliicatiul\ \0 authorities. DAm L,414J.~3..~._~A(j~JI (C ~~ MARTIIA J. MVLl.lN . . CERTIFICATE OF SERVICE AND NOW, this 11th day of April, 1995, I, JAYSON R. WOLFGANG, ESQUIRE, hereby certify that I am serving a copy of the foregoing document upon the person(s) 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 in the United States Mail, Harrisburg, Pennsylvanlii, with first-class postage prepaid, as follows: Patrick F. Lauer, Jr., Esquire 2108 Market Street Aztec Building Camp Hill, PA 17011 METTE, EVANS & WOODSIDE BY: 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendants Mark H. Mullin and Martha J. Mullin U'> en - ,.... ,.' (~ r; ,.... I " ~~ ') \~ ,.-~' ~ ~ ~ h, ~ '"" ,....., " ....... ;:r r(\ 1"\1 '.... fE l/'\ U'l N - '0'; <;-':., ;1,<','; m , , I, -. !"',,, <>: ~r = ..,..1 ,-,I.. - . ~ -.: "Y\ ~~ -; . = .., cl~ - ~~g~~o < ... en .- - ~ ..l".u:g<- ... rl I r.1 >. ~ ::I - ,." WoIICJ~a1"":\O = .., U - r- :.:: .. "" O'X ~ Uo..- r- "'Q~c.- ;~;::; at:. !- -.. ~ 0( ll. . ..... ~ - . . PATlUCK F. I.AllEII, JR Allorney all.aw , IllR Mark., s, . feci . Allee lIuildinK Camp 11111. 1',\ 17111 I (717) 76l.IHllll , .. . .., ; ; .. .1 . II - i I I I vs. II MARK H. MULLIN, MARTHA J. 'I' MULLIN, WAYNE C. THOMPSON, 'SUSAN L. THOMPSON, i DEFENDANTS FRANCES S. LEAMY AND DANIEL R. LEAMY, JR., PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I r;'5~ /30'-: No. - J C~)(/(7Y I i --- ! IC,..e/~1 i AND CIVIL ACTION IN EQUITY NOTICE i YOU HAVE BEEN SUED IN COURT. If you wish to defend against I the claims set forth in the following pages, you must take action I within twenty (20) days after this Complaint and NotiCE! are served, 'II' by entering a written appearance personally or by attorney and I filing in writing with the Court your defenses or objections to the 'Iclaims set forth against you. You are warned that if you fail to I 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. I, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT IHAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE IISET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP II Le han demandado a ueted en la corte. si usted quiere I'jdefenderse de estae demandae expuestas en las paginas siguientes, usted tiene viente (20) diae de plazo al partir de la fecha de la I demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma : escrita sus de fens as 0 sus objeciones alas demandae en contra de " su persona. Sea avisado que si usted no se defiende, la corte ,. tomara medidas y puede entrar una orden contra usted sin previo ilavieo 0 notificacion y por cualquier queja 0 alivio que es pedido i II. en la peticion de demanda. Usted puede perder dinero 0, eus ! propiedades 0 ostros derechos impoprtantes para usted. !i LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE !'IABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, I, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE : I ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON DE SE PUEDE CONSEGUIR " '1ASISTENCIA LEGAL. , ,I !i I! 'I , COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 (717) 240-6200 I !, " ., . I FRANCES S. LEAMY AND 1'1 DANIEL R. LEAMY, JR., PLAINTIFFS II I ! MARK H. MULLIN, MARTHA J. I MULLIN, WAYNE C. THOMPSON, I SUSAN L. THOMPSON, , DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~,. ~ No,' r;;r- /.3~.5- Cr"::; /.'u..... vs. AND : CIVIL ACTION IN EQUITY COMPLIANT . . AND NOW, comes the Plaintiffs, Frances S. Leamy and Daniel R. Leamy, Jr., by and through their attorney, patrick F. Lauer, Jr., and respectfully avers the following: I 1. Plaintiff, Frances S. Leamy, an adult individual, currently ;, [;resides at 3001 Lincoln Street, Camp Hill, Pennsylvania 17011. 2. Plaintiff, Daniel R. Leamy, Jr., an adult individual, I currently resides at 3001 Lincoln Street, Camp Hill, Pennsylvania :I 17011. 3. Defendants, Mark H. Mullin and Martha J. Mullin, adult i individuale, husband and wife, currently reside at 3505 Woodley , I Road, N.W., Waehington, D.C. 20016. 4. Defendants, Wayne C. Thompson and Susan L. Thompson, adult individuals, husband and wife, currently reside at 307 Jackson ilAvenue, Lexington, Virginia, 24450. i 5. Plaintiff, Daniel R. Leamy, Jr., is primary caretaker of his i' I mother, Plaintiff, Frances S. Leamy, who is eighty-five years of , , i age. I 6. Plaintiff, Daniel R. Leamy, Jr., has Power of Attorney for .. '. . II 'I i !, I; 'I his mother, Plaintiff, Frances S. Leamy, effective June 30, 1993 , I I i I . and has authority pursuant to the Power of Attorney to pursue legal action on her behalf. See Exhibit "A". 7. Plaintiff, Francee S. Leamy, has been hospitalized several times in the past for depression, physical, emotional and mental ailments. I I of Plaintiff, Frances S. Leamy, have continued to harass the I I I I I I I I I , I , I I I I , I i I I 6. Defendants, Martha J. Mullin and Susan L. Thompson, daughters Plaintiff and have continually visited with Plaintiff, Frances S. Leamy, at 3001 Lincoln Street, Camp Hill, Pennsylvania, despite specific instructions from Plaintiffs that Defendants were not to arrive or visit Plaintiffs without notice in writing or telephone calls in advance. 9. oj Defendants have shown up and entered Plaintiff's residence without any advance notice despite being warned. Defendant's actione have caused the Plaintiff, Frances Leamy severe emotional distress. 10. Plaintiffs previously notified Defendants by certified mail that Plaintiffs were to be notified of any visitations in advance. See Exhibit "B". 11. On October 17, 1994, Defendants visited with Plaintiff, ,! , Francee S. Leamy, despite the fact they did not schedule the q visitation in advance. Plaintiffs again notified Defendants by regular mail that Defendants are to notify Plaintiffs in advance of any visitation. See Exhibit "C". In addition, Defendants , ' 'I II I' ,\ It I ." , i i I II II visited with Plaintiff on February 24, 1995, deepite the fact that I they did not schedule the visitation in advance. 112. Defendants have continually failed to observe Plaintiff's demand to provide advance notification by telephone or in writing of any planned visitation. 13. Dr. Jagadeesh K. Moola, the treating phyeicians for I Plaintiff, Frances S. Leamy, has recommended that Defendants i contact Plaintiff prior to visitation to alleviate any emotional 'distrees. See Exhibit "D". I . . 1114. The Defendants repeatedly contacted J.n person wJ.thout further notification to the Plain~iff and has caused the Plaintiff I emotional distrees and eaid actions constitute harassment and i I trespass. 15. Plaintiffs request your Honorable Court to order the ,Defendants not to visit Plaintiffs in person without first providing written notification to Plaintiff's. WHEREFORE, Plaintiffs reepectfully request your Honorable Icourt to order Defendants to first provide Plaintiffs written notification or notification by telephone of any planned visits. Respectfully submitted, 0/ .5 - (()'S'~ 'ii!c ----;;!-/ - . r- z , atrick F. Lauer, Jr., Esquire 210B Market Street, Aztec Building Camp Hill, Pennsylvania 17011 ID# 46430 Tel. (717) 763-1600 , .. , II VERIFICATION I, FRANCES S. LEAMY, state that I am the PETITIONER in the above-captioned case and that the facts set forth in the above PETITION are true and correct to the best of my knowledge, I realize that false statements herein I information, and belief. I II are subject to the penalties for unsworn falsification to authorities under 16 Pa. C.S. S 4940. Date:J?:h/Z("~ ~ /9rS I, DANIEL R. LEAMY, JR., state that I am the PETITIONER in the above-captioned case and, that the facts set forth in the above PETITION 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 uneworn falsification to authorities under 18 Pa. C.s. S 4940. II II Date: JIf/9Jr II II II Ii '! Ii ,I II I I ! ~~tK~. / I' I I , I . .. I ' II I I I I I I I I I hereby certify that I am this day serving a copy of the I I I foregoing PETITION FOR SPECIAL RELIEF upon the person, and in the I,' manner, indicated below, which service satiefies the requirements , of the Penneylvania Rules of CIVIL Procedure, by depoeiting a copy I of the same with the United States Post Office at Camp Hill, i Pennsylvania, through first claes mail, prepaid and addreesed as i i follows: I I I I CBRTIFICATB OF SBRVICB Mark H. Mullin and Martha 3505 Woodley Road, N.W. Washington, D.C. 20016 J. Mullin Wayne C. Thompson and Susan 307 Jackson Avenue Lexington, Virginia 24450 L. Thompson I Date: i I i I ? (' C :.>., 1- I') . ]:J.WO,\ -f(~;1 Patrick F. Lauer, Jr., Eequire 2106 Market street, Aztec Building Camp Hill, Pennsylvania 17011 10# 46430 Telephone (717) 763-1800 'I EXHIBIT A ;' .... . . .' . POWER OF ~TTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, FRANCES S. L~AMY, of Camp Hill, cumberland county, pennsylvania, do hereby make, constitute and appoint DANIEL R. LEAMY, JR. , of Calllp 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, dividends, 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 thing3 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 and 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 acts done by my attorney- in-fact, pursuant to this Power of Attorney, during any ouch period in which I am disabled or incapacitated, shall have the name 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 ._, . , , . . . . nominate DANIEL R. LEAMY, JR., my above-named attorney-in-fact as the guardian of my person and estate. IN WITNESS WHjREOF, o?,C.\.!! day of - lln~ Witne I have hereunto set my hand and seal this , 1993. , , I ; '). EAL) " ! i I COMMONWEALTH OF PENlISYLVANIA COUNTY OF .J /klf' H " I If S5 .., it.\. ..~ On this, the :;0.- day of l"',,~':"- , 1993, before me, a notary pUblic, the unde~_ gned officer, personally appeared FRANCES 5. 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 purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. ~ /' ." ,-, l?,'->t (L.[; c.:-.," ~ Notary public v ..l.-,~ My commission Expires: (SEAL) NOTARIAL SEAL JO ANN AllEMAN, Notary Public Dauphin County My Commission Expires March 8. 1997 EXHIBIT B . . LAW OFl/ICES OF PA~'RICK F. LAUER, JR. 2108 HAAKE~' STREE~' CAMP IfILL, PA 17011 (717) 763-1800 - }~ (717) 763-4247 (Rap1y to ClU1Jp Uill Addrouu) 48 South Duko Struot rork, JlA 17401 (717) 046-1799 J-000-U22-.j-LI\W B south uanovor StrDot puie" 203 c/Jr1ia1e, JlA 17013 (717) 249-697J May 12, 1994 Reverend & Mrs. Mark H. Mullin 3505 l~ood1ey Road, NW Washington, D.C. 20016 Dear Reverend & Mrs. Mullin: Please be advised that I have been retained by Mr. Dan Leamy and Mrs. Francis Leamy. It is my understanding that you have visited Francis Leamy and Dan Leamy without notifying either of them in advance. Please be advised that Mrs. Leillny desires you to notify her before visiting in the future. Mrs. Leillny does welcome your visits, but prior contact must be established with Mrs. Leamy. Please accept this letter as formal notification that my clients do not want you to visit them without some type of prior communication with them. Should you wish to discuss this matter further or should you have any further questions, please contact me directly at my Camp Hill office. Also, you should be advised that all prior power of attorneys have been revoked and are null and void. Very truly yours, 11tt4 ~~ ~ Patrick F. Lauer, Jr., Esquire PFL/arm cc: Dan Leamy ; , LAW OFFICES OF PATRICK F. LAUER, JR. 2108 JolJ1RKA'T STREE~' CAMP HILL, PA l70ll (717) 763-1800 - FAX (717) 763-4247 (Roply to Camp ul11 AddroUD) 48 Soutb Duko stroot )fork, 1'.11 17401 (717) 846-1799 1-800-822-4 -LAW 8 South Uanovor Stroot Sulto 203 carllulo, JlA 170J3 (7J 7) 249-6971 May 12, 1994 Professor and Mrs. Wayne C. Thompson 307 Jackson Avenue Lexington, VA 24450 Dear Professor and Mrs. Thompson: Please be advised that I have been retained by Mr. Dan Leamy and Mrs. Francis Leamy. It is my understanding that you have visited Francis Leamy and Dan Leamy without notifying either of them in advance. Please be advised that Mrs. Leamy desires you to notify her before visiting in the future. Mrs. Leamy does welcome your visits, but prior contact must be established with Mrs. Leamy. Please accept this letter, as formal notification that my clients do not want you to visit them without some type of prior communication with them. Should you wish to discuss this matter further or should you have any further questions, please contact me directly at my Camp Hill office. Also, you should be advised that all prior power of attorneys have been revoked and are null and void. PGP~t;;l~ Patrick F. Lauer, Jr., Esquire PFL/arm cc: Dan Leamy . ':'J ~i1i3iil: :s .. L'toIHijih l~ 11~1Il" 1 "'1I~iu' 11uI ,hhM,ulloll ~"hn:II" w . 1.:....'1.1.1" ,h'''~ :1, .m" 0101 a.1I :.' . l'IlHI t'"'' I,,"IIY ,.11I1 ....t.llll~" un II... ,,,,,,,,.. ulllll' r...,m ", 111011 "'" ',III ... ',,'h.m II,,. ...."It.l t"'U' ~ . 1111... II II... IU'UI 101 1Ih1 "ulIl III Ih.. 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I .,bo lnllowin\) 11.11.11: wu.:h 10 ui.:uivu lhu bC'''ICI:S 1I0f ~n ltAtra ..; .~ ~ ~ III 1, 0 ;\LhJh:!.!o\:C':; AtJLJluliS ~ ~ P,?oFr;.~Soa .;. MRS. r fI oN fJ 5:J IV 7 "T Itc./C sol'! Av~tl"'~ '2,0 ~ V /r 'J1{''1S0 WAYAlG .. \.. i: .. .. " ~1 Ll1:~,~':;~,;':u, ~.1 ),(:J-,I.f/~:"i' t". ~ ~tj'I,j'IUI"P"Ut.:I'11 i ". ll: ::; ,- w .. ;1 , ~ (.. ,-, ;; l'~: hJfll1 JU 11. U..:Ll.;lIlIH.Il 1!J~1 "UtO.at'o:I\lIi)-:J:.;>,II.. ill DOMESTIC nnUI1N nECEIPT 7.a:fJJ1:~ ,,, \'1111 '1111 ., EXHIBIT C , LAW m'!o'ICES m'I'A'l'IUCK F. LAUEll, J1t. 2108 MARKET B'l'llEh'T, AZ'l'EC BUILDING CAMJ' HILL, PENNSYLVANIA 17011 (717) 76:1-1800 FAX (717) 76:1-4247 JIlDIC>l K. JonL'lI, Esq" ~tc CoUllllcl (IWply to C""P 11111 Addruu"1 1.80Q.822-4.LAW '32 IIorth Second 8trCKIt Barel.burg, P^ 17102 11171 232-7747 o South Uanovur BUllut Bulta 203 Carllulu, P^ 17013 111"1 249-6971 4U South _ 8trMt York, PA 17401 (717) UU-17U " I , , ; October 18, 1994 Martha J. Mullin 3505 Woodley Road, N.W. Washington, D.C. 20016 Sueie Thompson 307 Jackson Avenue Lexington, VA 24450. I I, I: , " , RE: Frances Leamy Dear Ms. Mullin & Ms. Thompson: I ,am sure your are aware that I represent Mr. Daniel Leamy regarding his Power of Attorney for your mother, Fra~ces Leamy. Mr. Leamy previously provided you written notice via certified mail that you were not to contact or visit your mother without first obtaining approval from Mr. Leamy. On October 17, 1994, Mr _ Leamy contacted my office and informed me that both of you visited Mrs. Leamy without first requesting Dan's permission. Mr. Leamy has indicated to me that he will notify the Camp Hill Police Department and have you removed from the premises shOUld you visit again without first contacting him. 1 r' t f I, I , " f : : , , i I .. , I , Obviously Mr. Leamy does not want to get the Camp Hill Police Department involved with this case, but should you continue to contact Mrs. Leamy without Dan' B request he will consider your actions harassment and he will notify the Camp Hill Police. L , I ,I , . ," . , Ms. Mullin & Ms. Thompson Page Two October 16, 1994 The reason Mr. Leamy wants you to first obtain his permission is becauee Mrs. Leamy gets extremely upset when you arrive without first contacting her. If you have any questions, please do not hesitate to contact my office. Very truly yours, ~a~qUire PFL/sam cc: Dan Leamy i' t ,',' t ,', '/: il " :,l ~,I, " ~i .. ~" " ,'! :1 .n ~ . .. Exhibit D () . ., . -). . _.~,,- , ____ _~"2",rr:-r"--- . , ' -,.....,.. . . JAGADEESH K. MOOLA, M,D. MEDICAL ARTS DLDO,. SUITE 409 890 pOPLAR CHURCH ROAD CAMP HILL. PA 1701\ PHONE: 761.1325 ~rlW -, fl~ MAR 01 1995 ,~, L February 27, 1995 Patrick Lauer. E6q. 2106 Market st. Camp Hill. PA 17011 RE I Frances Leamy Cear Mr. Lauer. A6 you are aWare, France6 Leamy ha6 been under my care for her emotional problem6 6ince Aprii, 1994. Her condition ha6 6teadily Improved 6ince then. Recently. 6he had a fracture of the cervical 6plne and 6he 6eemed to have dealt with that fairly well. Patient's son. Dan Leamy. ha6 informed me that whenever other family member6 visit her without informing her. thi6 doe6 up6et her significantly. I have eKplored thl6 i66ue with the patient. She does admit that it croate6 muoh anKiety to her when other family members vi61t her uneKpectedly. Anything that can be done to prevent thi6 from happening would be beneficial for Mr6. LeamY'6 emotional health. I hope thi6 information will help you In resolving thi6 i66ue. Sincerely. ~&&r f~ 1vtDtJ-!!or ~ 7 Jagadeesh K. Moola. MO JKM/mcm r~ , ~..- ? PRAECIPE FOR LISTING CASE FOR TRIAL (EQUITY) (MU~1 be rypewrillen and submllled in dupllcale) TO THE PROTHONOTARY:OF CU~II3ERLA;.;o COUNTY Plme 1111 the follllwing ~~le; (Che~k Illle) ( ) for JURY trial ~I the neXl term Ilf dvU ~ourt, ( X) for Idal without a jury. --------------------------------------------.-------------------------- CAPTION OF CASE (enUre capUon mUlt be lt~led In full) ~:c:: ,. ... (check one) FRANCES S. LEAMY and DANIEL R. LEAMY, JR. ( ) ( ) ( ) (X ) EQUITY A$IUmplll , -,'.. ,. W <:> /\" TrelpalS . ',.,; -,..., =:1: __"'I' ... Trespass (~totor vehlcle)~ (Plalnllfi) (s) (olher) VS. MARK H. MULLIN, MARTHA J. MULLIN, WAYNE C. THOMPSON, and SUSAN L. THOMPSON Pretrials will be held on (Briefs are due 5 days before pretrials) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule' 214-1. ) " (Defendant) (s) VS. ,. 1 305 ,'0. Civil EQUITY TERM 19~ Indicate the ~llorney whll will lry ~~se fllr the part}' who liIes this praecipe: PATRICK F. LAUER., JR., ESQUIRE Indkate 1l1~1 ~ounsei for other p~rlles If known: OF METTE, EVANS and WOODSIDE JAYSON WOLFGANG, ESQUIRE This ~:ue Is Indy for trial. fiM7d) PATRICK F. LAUER. JR.. F.SQ. Sl~r.ed: Prillt :-.'ame: Dale: 5/4/95 Attorney fllr: PLAINTIFFS FRANCES S, LEAMY and DANIEL R. LEAMY, JR., Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACfION . EQUITY MARK H. MULLIN, MARTHA J. MULLIN, WAYNE C. THOMPSON: and SUSAN L. THOMPSON, : 95-1305 EQUITY TERM Defendants IN RE: PRE-TRIAL CONFERENCE ORDER AND NOW, May 19, 1995" a pre-trial conference in the above captioned matter is set for Tuesday, June 27, 1995, at 4:00 p.m, in Chambers of the undersigned. BY THE COURT, , /1,;1. Patrick F. Lauer, Jr., Esquire For the Plaintiffs Jayson Wolfgang, Esquire For the Defendants (' I,' nl~ .ll' ,u.....J S"1;;~/'1S"' A.-f. Court Administrator :rlm --- " , , jl " 56 /" ". [' t, \.1 r', It! l,iII , .n r,..,. ',1 " ,) 1-.1 :r" ::l ~--1 . a: ... ci ~ - t.l <l - <l U :0 ;:: ::> ;:J .J ~ " ::> Vi - 0( .. ~ ,. - 0( - .J .. , U ':; c.. M . >>"" CD , '" ~ .. :; - ... = ::E U :2 ~ ~ .. U' ... - U CO ,. " '" - .. ::> 0( e c. - .. a: -( ,.. " '- u < Q., . . .. PATlUCK F. LAllER. JIt AlIOrnC)' ul I.U\\ 210K ~hr~cI SIl~~1 Mlcl.. Iluildinl~ Camp 1Iill.IIA 17t111 (717) 76J,1~1l1l . .... I 'FRANCES S. LEAMY AND " DANIEL R. LEAMY, JR., PLAINTIFFS IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 95-1305 MARK H. MULLIN, MARTHA J. MULLIN, WAYNE C. THOMPSON, AND I SUSAN L. THOMPSON, CIVIL ACTION DEFENDANTS IN EQUITY PRAECIPE TO DISMISS TO THE PROTHONOTARY: Please mark the above captioned case settled and dismissed with prejudice. Respectfully Submitted: Date: 6 -/-f5' 2~~~ Patrick F. Lauer, Jr., Esquire 2108 Market Street Camp Hill, PA 17011 (717) 763-1600 Supreme Ct. ID# 46430 i i, II I I i !I , I , , , , . i " i II !I " II I' I !I I, !I 'I II I I I , I i I "' " -' CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Praecipe 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, II !I II I i i I Pennsylvania, through first class mail, prepaid and addressed as follows: Jayson Wolfgang, Esquire Mette, Evans & woodside 3401 North Front Street Harrisburg, PA 17110 I Date: 6-;fJ/ I I: Ii I' II I I II II " II , :1 ,j Pa rick F. Lauer, Jr., Esquire 210B Market Street, Aztec Building Camp Hill, Penneylvania 17011 IDS 46430 Telephone (717) 763-1600