HomeMy WebLinkAbout00-03468
. JUN - 7 200~
SUSAN ELIZABETH DUET
,
Plaintiff
: IN TIIE COURT OF CO:MMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
; NO. 2000- jl..j h )? CIVIL TERM
CHIP EDWARD DUET,
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed
against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In
particular, you may be evicted from your residence and lose other important rights.
A hearing ~ this matter is scheduled on the / ';~day of June, 2000, at C; : 3 /) A . m ., in
CourtroomNo.~ of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or tenninated by the court after notice
and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you
to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six
months in jail under 23 Pa.C.S. 96 I 14. Violation may also subject you to prosecution and criminal penalties
under the Pennsylvania Crimes Code. Under federal law, 18 US.C. 92265, this Order is enforceable
anywhere in the United States, tribal lands, US. Territories and the Commonwealth of Puerto Rico. If you
travel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 US.C. 92261-2262.
Yon should take this paper to your lawyer at once. You have the right to have a lawyer represent
you at the hearing. The court will not, however, appoint a lawyer for you. 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. If
you cannot find a lawyer, you may have to proceed without one.
CUMBERLAND COUNTY BAR,t\SSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
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SUSAN ELIZABETH DUET,
Plaintiff
: In The Court of Common Pleas
: of Cumberland County,
: PENNSYLVANIA
v.
: Civil Action - Law
CHIP EDWARD DUET,
Defendant
.
; No. IHJ- 3'1&F G;J. lL--
PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: CHIP EDWARD DUET
Defendant's Date of Birth is: June 8, 1970
Defendant's Social Security Number is: 206-56-1376
Name(s) of All protected persons, including Plaintiff and minor children:
1. SUSANELUABETHDUET
AND NOW, on 7th Day of June, 2000 upon consideration of the attached Petition
for Protection from Abuse, the court hereby enters the following Temporary Order:
Plaintiff's request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any
place where they might be found.
2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other
person protected under this Order, at any location, including but not limited to any
contact at Plaintiffs school, business, or place of employment. Defendant is
specifically ordered to stay away from the following locations for the duration of
this order.
Plaintiff's current residence:
Confidential location.
Plaintiff's place of employment:
Kentucky Fried Chicken, 670 North Hanover Street. Carlisle, PA
3. Defendant shall not contact Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
4. The following additional relief is granted:
This Order shaH be docketed in the office of the Prothonotary and forwarded
to the Sheriff for service. The Prothonotary shaD not send a copy of this
Order to Defendant by mail.
Law enforcement agencies, human service agencies and school districts sbaH
not disclose the presence of Plaintiff and/or her children in the jurisdiction or
district or furnish any address, telephone number, or any other demographic
information about Plaintiff and/or children, except by further Order of
Court.
This Order shaD remain in effect until modified or terminated by the Court
and can be extended beyond its original expiration date if the Court finds
that Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
Defendant is ordered to pay $250.00 to reimburse one of Legal
Services, Inc.'s funding sources toward the cost oflitigation in this case.
5. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
CARLISLE POLICE DEPARTMENT
6. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy of the Petition, any Order issued, and the Order for Hearing
without prepayment of costs. The Petitioner will inform the designated authority of
any addresses, other than the Defendant's residence, where Defendant can be
served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
7. TIllS ORDER SUPERSEDES
ANY PRIOR PFA ORDER
8. TIllS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHAlL
REMAIN IN EFFECT UNTIL DECEMBER 7, 2001 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY TIllS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt; which is punishable by a fine of up to $1,000.00 and/or up
to six months injail. 23 Pa.C.S. ~61l4. Consent of the Plaintiff to Defendant'sretum
to the residence shall not invalidate this Order, which can only be changed or
modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.
~6113. Defendant is further notified that violation of this Order may subject him/her
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 U. S.C. ~~2261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintifi's
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs I through 3 of this Order,
defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest
for violation of this Order may be made without warrant, based solely on probable
cause, whether or not the violation is committed in the presence oflaw enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the Sherift's office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weapon/s are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
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JoanCarey,AttomeyforPlaintiff ~t, ks. t-/60/'"
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SUSAN ELIZABETH DUET,
Plaintiff
: In The Court of Common Pleas
: ofCumberIand County,
: PENNSYL VANIA
v.
: Civil Action - Law
CHIP EDWARD DUET,
Defendant
: No. 6t> - 3Y~ f ~ 7Lt-
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
SUSAN ELIZABETH DUET
2. I, (the Plaintifl), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. SUSAN ELIZABETH DUET
4. Plaintiffs address is
confidential
5. Defendant's Name is:
CHIP EDWARD DUET
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6. Defendant is believed to live at the following address:
Harvon Motel, 851 North Hanover Street, Carlisle, PA 17013
7. Defendant's Social Security Number is:
206-56-1376
8. Defendant's Date of Birth is:
June 8, 1970
9. Defendant's Place of employment is:
cUlTendy unemployed - receives SSI
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Spouse
12. The defendant bas been involved in a criminal court action.
13. The defendant is not currently on probation I parole
14. The facts of the most recent incident ofahuse are as follows:
On about Saturday, May 27, 2000
location: Harvon Motel, 851 North Hanover Street, Carlisle, PA
On or about May 27,2000, as Plaintitflay on the bed with her 5-month-old baby, Jesse, cradled
in her arm, Defendant grabbed her by the neck, shoved her head into the mattress pinning her
to the bed, yelled at her, and drew his f'lSt back causing her to fear that he was going to hit her or
her baby. After Plaintiff sat up, while still holding the baby in her arms, Defendant slapped her
on the side of her face. When Defendant left the residence, Plaintiff telephoned!H 1 help. The
Carlisle Police responded, arrested. Defendant in the parking lot, and charged him with simple
assault and harassment, and placed him in CumberlaJld County Prison. Plaintiff snstained red
marks on her neck and face, and sweDing about the side of her face as a result of this incident. A
preliminary hearing was held on May 31, 2000, before District Justice COlTeal. The charges were
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reduced to summary harassment. Defendant was fined $120.00 and released from prison.
Since his release from prison, Defendant has stalked Plaintiff by going to her place of
employment to ascertain her whereabouts, standing across the street from her place of
employment and watching her through the window, and waiting outside the rear door of her
place of employment, causing Plaintift'to fear for her safety.
15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren,
(including any threats, injuries, or incidents of stalking) are as follows:
From approximately February 2000, through May 27, 2000, Defendant called Plaiotift'vile
names, and repeatedly threatened to harm her.
Feb. 2000 - Defendant jutted his chest forward in a threatening manner causing Plaintiff to fear
that he was going to shoved her with his chest.
16. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
CARLISLE POLICE DEPARTMENT
17. There is an immediate and present danger of further abuse from the Defendant.
18. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE
FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or
minor child/ren in any place where Plaintiff may be found.
b. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren,
either in person, by telephone, or in writing, personally or through third persons,
including but not limited to any contact at Plaintiffs school, business, or place of
employment, except as the court may find necessary with respect to partial custody
and/or visitation with the minor child/ren.
c. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs
children listed in this petition, except as the court may find necessary with respect to
partial custody and/or visitation with the minor child/ren.
d. Order Defendant to pay the costs of this action, including filing and service fees.
e. Order the following additional relief, not listed above:
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Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives and/or her minor
children.
Defendant is ordered to pay $250.00 to reimburse one of Legal
Services, mc.'s funding sources toward the cost oflitigation in this case.
f Grant such other relief as the court deems appropriate.
g. Order the police or other law enforcement agency to serve the Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The petitioner
will inform the designated authority of any addresses, other than the Defendant's
residence, where Defendant can be served.
Respectfully submitted,
Date:
&/7 In)
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Carey, Attorney for . tiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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VERIFICATION
I verify that lam the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S.~904, relating
to unsworn falsification to authorities.
Dated: l Q~5 - 00
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Susan Elizabeth Du Plaintiff-
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SUSAN ELIZABETH DUET
,
Plaintiff
: In The Court of Common Pleas
: of Cumberland County,
: PENNSYLVANIA
v.
: Civil Action - Law
: No. 00-3468
CHIP EDWARD DUET,
Defendant
PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: CHIP EDW ARB DUET
Defendant's Date of Birth is: June 8, 1970
Defendant's Social Security Number is: 206-56-1376
Name(s) of All protected persons, including Plaintiff and minor children:
1. SUSAN ELIZABETH DUET
AND NOW, this 14th Day of June, 2000 the court having jurisdiction over the parties
and the subject-l1latter, it is ORDERED, ADJUDGED and DECREED as fonows:
Pursuant to consent of the parties, which does not constitute Defendant's admission to
the averments of abuse in the petition. The fonowing order will be entered:
Plaintiff's request for a fmal protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected
person in any place where they might be found.
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2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any
other person protected under this Order, at any location, including but not limited to
any contact at Plaintiffs schoo~ business, or place of employement. Defendant is
specifically ordered to stay away from the following locations for the duration of this
order.
Plaintift"s current residence:
Confidential location.
Plaintift"s place of employment:
Kentucky Fried Chicken, 670 North Hanover Street, Carlisle, PA
3. Defendant shall not contact the Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
4. The following additional relief is granted as authorized by ~6108 of the Act:
Law enforcement agencies, human service agencies and school districts shall
not disclose the presence of Plaintiff and/or her children in the jurisdiction or
district or furnish any address, telephone number, or any other demographic
information about Plaintiff and/or children, except by further Order of Court.
This Order shall remain in effect until modified or terminated by the Court
and can be extended beyond its original expiration date if tbe Court finds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
The court costs and fees are waived.
5. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
CARLISLE POLICE DEPARTMENT
6. TIllS ORDER SUPERSEDES:
1. ANYPRIORPFAORDER
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7. All provisions of this order shall expire on: December 14, 2001
NOTICE TO THE DEFENDANT
VIOLATION OF TIllS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WInCH IS PUNISHABLE BY
A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX
MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO
PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA
CRIMES CODE.
TIllS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT
OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE
COMMONWEALlli OF PUERTO RICO UNDER THE VIOLENCE AGAINST
WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE
AND INTENTIONALLY VIOLATE TIllS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER TIIAT ACT. 18 U.S.C ~~2261-
2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER,
YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES
UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C.
~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR
AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over theplaintifl's residence OR any location where a
violation of this order occurs OR where the defendant may be located, shall enforce
this order. An arrest for violation of Paragraphs 1 through 3 of this order may be
without warrant, based soley on probable cause, whether or not the violation is
committed in the presence of the police. 23 Pa. C. S. ~6113.
Subsequent to arrest, the police officer shall seize all weapons used or threatened to be
used during the violation of the protection order or during prior incidents of abuse.
The Cumberland Connty Sheriff's Department shall maintain possession of the
weapons until further order of this Court.
When the defendant is placed under arrest for violation of this order, the defendant
shall be taken to the appropriat!;1 a4t11ority Or authorities before whom defendant is to
be arraigned: A "Complaint for Indirect Criminal Contempt" shall then be completed
and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are
not required to file the complaint.
If sufficient grounds for violation of this order are alleged, the defendant shal1 be
arraigned, bond set and both parties given notice of the date of the hearing.
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Distribution to:
LEGAL SERVICES, INC.
Joan Carey, Attorney for Plaintiff
Chip Edward Duet, Defemlant
Capital Inn Motel, Room $) .
1450 North 7th S~~et
Harrisburg, PA 17101
Faxed & Mailed to PSP
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CUMB CO PROTHONOTARY
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CONNECTION ID
ST. TIME
USAGE T
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RESULT
1930
92490779
06/15 14:10
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SHERIFF'S RETURN - OUT OF COUNTY
,
CASE NO: 2000-03468 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DUET SUSAN ELIZABETH
VS
DUET CHIP EDWARD
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
..
and inquiry for the within named DEFENDANT
DUET CHIP EDWARD
but was unable to locate Him
deputized the sheriff of DAUPHIN
, to wit:
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within PROTECTION FROM ABUSE
19th , 2000 , this office was in receipt of the
On June
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
DEP. DAUPHIN CO
18.00
9.00
10.00
20.25
.00
57.25
06/19/2000
Tomas Kline
iff of Cumberland County
Sworn and subscribed to before me
this
7 ~ day of ~
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Prothonotary
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William T. Tully
Solicitor
Ralph G. McAllister
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
DUET SUSAN ELIZABETH
vs
County of Dauphin
DUET CHIP EDWARD
Sheriff's Return
No. 1339-T - -2000
OTHER COUNTY NO. 20-3468
AND NOW: June 12, 2000
at 5:50PM served the within
PROTECTION FROM ABUSE, NOTICE, ORDER & PET
upon
DUET CHIP EDWARD
by personally handing
to DEFT
1 true attested copy (ies)
of the original PROTECTION FROM ABUSE, NOTICE, ORDER & PET and making known
to him/her the contents thereof at CAPITAL INN MOTEL
1450 N 7TH STREET
HARRISBURG, PA 17102-0000
.'H"r
Sworn and subscribed to
before me this
'~~"~~
PROTHONOTARY
By
Sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Susan Elizabeth~~et
Chip Edward Duet
No. 20-3468 Civil
Now, 6/9/00
, 200(), I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Dauphin
County to exe.cute this Writ, this
deputation being made at the request and risk of the Plaintiff.
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Sheriff of Cum erland County, P A
Affidavit of Service
Now,
,20_, at
0' clock
M. served the
within
upon
at
by handing to
a
copy ofthe original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this_day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
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