1. From: Stephanie Wright [mailto:sjwright@maine.rr.com]
Sent: Monday, May 18, 2009 7:29 AM
To: Handrahan, Lori
Subject: FW: Child Care
-----Original Message-----
From: Neil Jamieson [mailto:njlaw@maine.rr.com]
Sent: Friday, May 15, 2009 1:23 PM
To: Stephanie Wright
Subject: Fw: Child Care
Stephanie,
This is my response sent to Waxman today. Unfortunately, I was not in the office to intervene with his
planned visit. It is highly unusual for an atty to place himself in the middle of this situation. In any event, I
want to apologize that you had to experience this incident.
The letter has gone out to childs--I will have Cindy e-mail you a copy.
Regards,
Neil
----- Original Message -----
From: Neil Jamieson
To: mjwaxy@aol.com
Sent: Friday, May 15, 2009 1:09 PM
Subject: Re: Child Care
Michael,
I have been in court the past two days and am only now reading your e-mails. No, it is not ok for you and
your client to go to the preschool/day care. I am also shocked that you would go to my client's place of
business. Please be advised that your client IS NOT to go to my client's residence or business at any
time. I suggest that you and your client focus on the search for a new day care and stop attempting to
force something that will not occur.
Neil
----- Original Message -----
From: mjwaxy@aol.com
To: njlaw@maine.rr.com
Cc: ken@crfsalaw.com ; Igor-Malenko@idexx.com ; igormalenko@hotmail.com
Sent: Friday, May 15, 2009 11:28 AM
Subject: Child Care
Neil:
You called two days ago to tell me that your client was "exercising her right to terminate
the contract" regarding providing child care to Mila Malenko. You told me she was
giving her "8 week notice." I completely understand your client not wanting to be in the
middle of Igor's and Lori's disputes. I told you that. I also told you that Igor would be
making efforts to find and agree upon substitute day care much sooner than 8 weeks.
Then, yesterday, I wrote you an email informing you that Igor and I would need to drop
Mila off today. This is what I wrote:

2. During this transitional period, Igor will need to drop off and pick up Mila at the
day care sometimes. In fact, tomorrow, he plans on picking up Mila at 9:00 and
bringing her over to Little Earth, then picking her up after work, around 2:30 or
3:00.
Can you please just let Stephanie know about this, and confirm that this is ok? I
shall be with him in the morning, just to make sure that all goes smoothly. He
truly is a gentle, good man, Neil, and I consider him a friend. Despite whatever
Ms. Handrahan may have said about him, your client has absolutely nothing to
fear from him. Neither does he harbor any animosity towards her, since she is
only acting based on the information made available to her by Ms. Handrahan.
Please confirm that you received this email, and that our plans are acceptable.
Thanks.
You never responded to my email.
This morning, we arrived at Little Earth at around 9:45 with Mila. The door was locked
and no one answered our ringing of the doorbell or our knocks for about 5 minutes.
Finally, a woman in a bathrobe who indicated she was Stephanie, opened the door and
informed us that she was sick today and the day care was closed. This, by the way,
was the first time your client and Mr. Malenko had ever laid eyes on one another or
spoken. She explained to me that she was sorry about the situation, but that she had to
give her 8 week notice. I told her that I completely understood, and that we would be
finding another day care. I also told her that in the meantime, there would be days like
today, when he would need to drop Mila off and/or pick her up. She shook her head
and told me that was not ok. I tried to understand what she was telling us, since I
thought we were given an 8 week notice, and now she was saying that apparently Mila
is not welcome at all at the child care.nbsp; I was confused. At that point, her boyfriend
"Michael" came out and looked at me and said, "get a real job. We are all done here."
They then closed the door.
I need to understand what your client's position is, because if she is insisting that she
can unilaterally terminate the contract with no notice at all, then I really must tell you that
I think the Department of Health and Human Services ought to get involved here. This
is completely unacceptable.
Michael J. Waxman, Esq.
One Monument Way, Ste. 206
P.O. Box 375
Portland, Maine 04112-0375
(207) 772-9558 phone
(207) 772-9567 fax
www.waxmanlaw.us