In the United States District Court Question Addressed to Special
Western District of Virginia Commonwealth Judge For
Harrisonburg, Divsion Mental Competency in
Harrisonburg, VA
Mr. Fred Haas )
Plaintiff Pro Se ) Question Submitted On
) Competency of Mr. Fred Haas
vs. ) Plaintiff Pro Se
)
Jack W. Barber, MD, )
et all )
Defendants
Civil Case 5:02CV00016
Filed Feburary 21,2002
NOW COMES THE Estate of Plaintiff Pro Se Mr. Fred Haas to move the Honorable US District Court
for the entry of a Summary Judgement and Finding of Fact based on admissions, pleadings
and appearance the Defendant Jack W. Barber and questions of competence of Plaintiff
Fred Haas to direct hiw on affairs pursuant to Federal Rules of Civil Procedure Rule 8
to wit:
The Court is asked note the appearance, pleadings and admissions by Defendant Jack Barber pursua sponte and
freely waiving rights of represenatation by legal counsel Commonwealth Attorney General Jerry Gilgore and has presented Plaintiff Fred Haas
with a copy of the Order of Special Judge David Bice 1-10-2002 confining Mrs. Joni Haas to the
Western State Hospital, Staunton, VA to satisify Plaintiff's due process and kidknapping questions presented
in the Complaint filed in this Court. Plaintiff Mr. Fred Haas was unable to produce the "durable
power of attorney" requested by Special Judge David Bice because his papers and records are in a
state of confusion locating the document took almost a month and the location of the origional requested
by the Defendant Jack Barber is unclear. While Judge David Bice acted under color of emergency mental health provisions the parties have stipulated that Mrs. Joni Haas has life
long chronic mental illnesses which make her a threat to herself and others and should be confined
although no evidence exist that she can be "cured" by treatment.
Plaintiff Fred Haas has presented exhibits that he is the "guardian and power of attorney"
when in fact serious issues and evidence are believed to exist as to wheather Mr. Fred Haas
is actually able to direct his own affairs without a guardian or conservator to be appointed
by the US District Court or Commonwealth of Virginia. Plaintiff Fred Haas was a willing assistant when Mrs. Joni Haas
"eloped" from the custody of the Warren State Hospital in Warren, PA in November, 2001 without his wife being discharged
from state custody. Plaintiff Mr. Fred Haas admits taking Mrs. Joni Haas across a state line to begin hiding in Connecticut until authorities
threatened to take Mrs. Haas into custody-whereupon the Plaintiff escaped too Lynchburg, VA. Plaintiff
Fred Haas was also reluctant to return to their home in St. Marys Pennsylvania because of a possible warrant
for his arrest for defaulting on a payment plan for a $9,000 bad check and $120.00 payment due to Magistrate
Donald Wilhelm. While Plaintiff Fred Haas has plead in a related action in USDC, WDV 5:02 CV00023 that persons
are stealing his SSI checks in fact his wife secured a loan through St. Marys Area Federal Credit Union and
defaulted on payment which caused the bank to have Magistrate Donald Wilhelm to authorized seizure of their credit and savings account
in CV000346-01 filed 10/17/01. A question might be asked about the competence of the Plaintiff Mr. Fred Haas
who has defaulted on a loan payment plan for sometime while continuing to bank and deposit checks at the same
institution without the realization that St. Marys Area Federal Credit Union would seize his assets?
Further questions about the competence of the Plaintiff Mr. Fred Haas arises where upon his
wife Joni Haas secured the services of an Attorney John Achille 379 Main St Brookville, PA 15825
(814) 849-6701 to question mishandling of her trust fund by Pennsylvania National Bank. Plaintiff
Fred Haas knew his wife had torn up important papers requested by counel and neglected to
inform his legal counsel of the matter-leaving this court to ask what person works against his own
attorney in this and several other matters? Plaintiff Fred Haas has also explained he is not sure
how many critical instruments and legal documents his wife has torn up as a result of her mental illness.
Plaintiff Fred Haas is driving daily all over Virginia knowing his insurance has elapsed on
his 1992 Buick Lesabre and has been told by a Harrisonburg Tire Service that the back left tire has a weak spot
and could be expected to blow out in near the future creating a serious risk to himself, passangers;
and the public. Plaintiff Fred Haas has explained the matter is not of great concern to him-because
he has handled blow outs in the past. The workings of a sound and lucid mind would of course
seek to repair the tire at the earliest opportunity. Police at Western State Hospital have also asked Mr. Fred Haas to repair
safety defects caused by his dog chewing through seat belts while living in the car for 3 months. Given
the Plaintiff past preformance we are left to wonder will act responsibly and make the needed
repairs requested by law enforcment officals concerned with public safety?
Plaintiff Mr. Fred Haas acknowledges that credit companies such as Experian and Equifax have his
and his wife on a national list of persons who should not receive credit for non payment of bills.
The Plaintiff none the less frequently takes up the time of realtors to seek to purchase large tracts of land
up to 100 acres with no deposit on "credit". A person of reasonable and common intelligence in command
of their mental facilities would not pursue frivilious inquiries wasting the valuable time of business
persons with a request which is plainly and visibly impossible. Again a question seems to exist as to
the Plaintiff's ability to clearly reason and understand facts?
Although the Plaintiff had at the time adequate means to support him and his wife through their SSI fund they chose
to live on charity and take up residence at the Salvation Army Lodge at 2211 Park Ave in
Lynchburg, VA an environment which Mr. Haas admitts he knows is not beneficial for his wife's mental health.
Plaintiff Mr. Fred Haas appears to frequently squander his and his wife's limited income on things
and items he cannot afford however states he feels "compelled to buy". While Plaintiff Fred Haas has
a substantial monthly rent, lease, and utilities agreement with his landlord Scott Andrews (540-478-6988)
the Plaintiff feels he is "compelled to buy" a cadillac being advertised for sale on West Market Street for $500.00. The purchase of
this automobile is beyonds his means and likely would result in his defaulting on his lease agreement.
Having squandered his income the Plaintiff then retired to programs operated under Title 42 USC 11301
homeless act and Title 7 USC USDA food commodities and church charities to provide his housing,
food, gasoline, and other material needs.
Plaintiff Fred and Mrs. Joni Haas adhere to a form of "Pentacostal belief" which involves relies heavily spiritual insight, miracles and prophecy. The Court is asked to note that Dr. Anderson of Western State Hospital P.O. Box 2500 Staunton, VA 24402-2500 (540) 332-8200 met with the Plaintiff and Mrs. Joni Haas in a special hearing March 8, 2002 before the Honorable Judge Taylor, J Forester, 11 S New St Staunton, VA 24401 (540) 886-3463. Dr. Anderson described their religious belief as psychotic, delusional, and the Commonwealth of Virginia Ordered Mrs. Joni Haas medicated to treat this serious mental illness.. Dr. Anderson's exhibits included 20 some odd letters from Mrs Joni Haas to hospital staff and others claiming prophetic abilities to see or bring injury and harm to other persons which Dr. Anderson testified stem from serious mental illness which require medication to treat. Although Plaintiff Fred Haas is supposedly the guardian he is removing this questionable literature from the hospital at the request of his wife to deliver these so called "divine communiques" to 3rd parties for instance 1 letter directed to the FBI on divine inspiration on the "Anthrax"... The fact Plaintiff Fred Haas is aiding and assisting his wife's psychotic mental illness instead of working with the Dr. Anderson as he promised draw into question his fitness to act as a guardian or power of attorney.
More recent "divine instructions" by Mrs. Joni Haas have directed Plaintiff Fred Haas to abandon his apartment and lease agreement at 1303 Devon Lane, Harrisonburg, VA to move to a motel in Waynesboro, VA. The request by the Defendant and Commonwealth of Virginia for Plaintiff Fred Haas to settle somewhere stems from their long range plans to release the patient Joni Haas into a secure and stable environment. The Patient Mrs. Joni Haas who has been correctly described as mentally ill appears to actually control and direct family affairs and that of her guardian to continue to escape from their responsibilties and has a current delusion of escape to the State Tennesssee where they believe other persons of similar religious beliefs will act in their behalf. The Petitioner for This Motion must report that numerous request for legal counsel have been denied by all members of the local bar and that the only known legal counsel or agent of the affairs of the Estate of Plaintiff Fred and Joni Haas is John Achille 379 Main St Brookville, PA 15825 (814) 849-6701 and no adequate counsel is present to act on behalf of the Plaintiff Mr. Fred Haas and his wife Mrs. Joni Haas.
Mr. Fred Haas and his estate and wife's estate has retained the services of a simple clerk
to do word processing a 3rd party known as Chris Walters to prepare for filing in various legal
actions before this and other courts. The agreement between the Estate of the Plaintiff and Mrs.
Joni Haas and Chris Walters requires a basic premesis honesty, integruity, and the willingness
of the parties to act in good faith in all matters before the Courts. Chris Walters is forced
to believe that while some of the actions of the Plaintiff Fred Haas initially appear genuine and
in good faith most are in fact frauds, hoaxes, and shams designed to defeat due process of law
and prevent Justice from being served:
1. The Court is asked to note that Chris Walters petition is made Amicus Curiea as a friend of
the court acting as a temporary agent of the estate of Plaintiff Fred Haas and Mrs. Joni Haas where no other
regular officer of their estate and affairs is located in the Commonwealth of Virginia and prepared
to act that Justice might be served:
2. The Court and Commonwealth of Virginia are asked to provide Mr. Fred Haas a nonbiasis mental health
evaluation by the Commonwealth of Virginia possibly at Harrisonburg, VA to establish wheather he can direct
his own affairs or should have a guardian or special master appointed to direct his affairs?
3. The Court is asked to appoint a special guardian or master to control the affairs of both
the Plaintiff Mr. Fred Haas and Mrs. Joni Haas to locate and identify all instruments of law and
possible exhibits to be presented for consideration of the many parties in litigation in this and
other courts throughout the Commonwealth of Virginia and Pennsylvania that Justice might be Served
and that various 3rd parties are not defrauded of their lawful expectation of payment.
4. The Court is asked to Order Dr. Anderson to much more closely monitor communications and meetings
between Mr. and Mrs. Haas with an aim of preventing publication of additional psychotic documents by
Mrs. Joni Haas or Mr. Fred Haas acting to further Mrs. Joni Haas delusions or physchosis.
5. Because of the medical enormous bills involved against the Estate Joni Haas; The Court is asked to
consider Ordering the Trust Fund held at PNC Bank in Pittsburg, PA on behalf of Joni Morrison aka
Joni Garlitz; aka Joni Haas be placed into the control of a Special Master or Guardian
possibly working with Attorney John Archille with the aim of paying appropriate bills tendered by
various 3rd parties.
Respectfully Submitted By
Acting on Behalf of the Estate of the
Plaintiff Mr. Fred and Mrs. Joni Haas
Mr. Chris Walters
1303 Devon Lane
PO Box 186
Harrisonburg, VA 22803
(540-434-1050)
I Chris Walters the petitioner and movant in the above styled instrument state I have mailed a
true and correct copy of the foregoing document to the Defendant Dr. Jack Barber at Western State
Hospital PO Box 2500, Staunton, VA 24402-2500 this 15th day of March, 2002.
Signed___________________________________Dated:__________________________