HomeMy WebLinkAbout00-04696
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-04696 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DUPERT DEBRA ANN
VS
HUGHES WILLIE JOE
ROBERT L. FINK, SR.
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
HUGHES WILLIE JOE
the
DEFENDANT
, at 1740:00 HOURS, on the 30th day of June
, 2000
at 21 ROADWAY DRIVE
CARLISLE, PA 17013
by handing to
WILLIE JOE HUGHES
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING AND ORDER, TEMPORARY ORDER AND
PETITION
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Aff idavit
Surcharge
So Answers:
18.00
3.10
.00
10.00
.00
31.10
~~~
R. Thomas Kline
00/00/0000
Sworn and Subscribed to before
BY:~_~~ 9,
Deputy Sheriff - ~
me this /2 ~ day of
~ ~,thK> A.D.
C)~., O. n"e€A '~~~
rothonotary ,
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DEBRA ANN DUPERT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 2000- 'ILqf,. CIVIL TERM
WILLIE J HUGHES,
Defel1(,iant
: 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 on this matter is schechJled on the {p r1<-- day of Jnly, 2000, at / d ; 3 () /hm.,
in Courtroom No...1.... on the 4th Floor oftheCumberland COlllnty Courthouse, 1 Courthouse Square,
Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court after notice
and hearing. If you disobey tbis Order, the police may arrest you. Violation oftbis Order may subject you
to a charge of indirect criminal contempt which is punishable by a fine of up to $1,OOO.OOandlor up to six
months in jail under 23 Pa.C. S. ~61 14. Violation may also subject you to prosecution and criminal penalties
under the Pennsylvania Crimes Code. Under federal law, 18 US.C. ~2265, tbis 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 Aiainst Women Act, 18 US.C. ~ 2261-2262.
You 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 ASSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)249-3166
AMERI~~ WIlli 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 b!ilsiness before the court, please contact ouro:Qice.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You IIlUSt
attend the scheduled conference or hearing,
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DEBRA ANN DUPERT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 2000-
CIVIL TERM
WILLIE JOE HUGHES,
Defendant
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION
FROM ABUSE ORDER
Defendant's Name: WILLIE JOE HUGHES
Defendant's Date of Birth: AUGUSTS, 1943
Defendant's Social Security Number: Unknown to PLAINTIFF
Name of Protected Person: DEBRA ANN DUPERT
AND NOW, this 70 Y day of Jnne, 2000, upon consideration of the attached Petition for
Protection from Abuse, the court hereby enters the fonowing Temporary Order:
IE 1. Defendant shaD not abuse, harass, staJkor threaten the above protected person
in any place where she might be found.
IE 2. Defendant is evicted and excluded from tine residence at 4 East Louther Street,
Apt. 4, Carlisle, Cumberland County, Pennsylvania, or any other permanent or temporary
residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence.
Defendant shall have no right or privilege to enter or be present on the premises.
IE 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited, to any contact at Plaintiff's current residence, and any
other residence she may, in the future, establish for herself, her school, business, and/or her
place of employment. Defendant is specificany ordered to stay away from the following
locations for the duration of this Order:
Plaintiff's current residence: an nndisclosed location for her protection.
IE 4. Defendant shaD not contact Plaintiff by telephone or by any other means,
including through third persons.
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o 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded
temporary custody of the following minor child/ren:
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
The local law enforcement agency in the jurisdiction where the child/ren are located
shall ensure that the child/ren are placed in the care and control of Plaintiff in
accordance with the terms of this Order.
o 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office
or a designated local law enforcement agency for the delivery to the Sheriffs Office: Uirrlrt
Defendant is prohibited from possessing, transferring or acquiring any other weapons for the
duration of this Order.
IE 7.
The following additional relief is granted:
The Cumberland County Sheriff's Department shall attempt to make service at
Plaintiff's request and without pre-payment of fees, but service may be
accomplished under any applicable Rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and forwarded
to the Sheriff for service. The Prothonotary shall not send a copy of this Order
to Defendant by mail.
Law enforcement agencies, human service agencies and school districts shall not
disclose the presence of Plaintiff and/or the childlren in the jurisdiction or
district or furnish any address, telephone number, or any other demographic
information about Plaintiff and/or child/ren 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 the Conrt finds that
Defendant has committed' an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff and/or minor child/ren.
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.
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IE 8. A certified copy of this Order shall be provided tG the police department where
Plaintiff resides lIJld lIJlY other agency specified hereafter:
CARLISLE POLICE DEPARTMENT
IE 9.
THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER.
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER
NOTICE AND HEARING.
NOTICE TO 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. ~6I 14. Consent of the PlaintitIto Defendant's return 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 notifiedthat 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, 18U.S.C.~~2261-2262. Any protection order
granted by a court may be considered in any subsequent proceedings, including child custody
proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAW
ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over Plaintifl's residence
OR any locations where a violation of this order occurs OR where Defendant may be located. If
Defendant violates Paragraphs 1 through 6 of this Order, Defendant may 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 of law
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
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weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency
whose officer made the arrest.
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, 1Ne. c....m..u-: -(., L. 5,
8 Irvine Row ' - r
Carlisle, P A 17013
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BY THE COURT,
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~ Judge
:
DEBRA ANN DUPERT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000- 'It 1(", CIVIL TERM
WILLIE JOE HUGHES,
Defendant
: PROTECTION FROM ABUSE
PETITION FOR
PROTECTION FROM ABUSE
1. Plaintiff is Debra Ann Dupert,
2. The name of the person who seeks protection from abuse is Debra Ann Dupert.
3. Plaintiffs pennanent address is 4 East Louther Street, Apt. 2, Carlisle, Cumberland
County, Pennsylvania 17013. Plaintiff is temporarily residing at an undisclosed location for her
protection and to avoid further abuse,
4. Defendant's address is 4 East Louther Street, Apt. 2, Carlisle, Cumberland County,
Pennsylvania 17013.
Defendant's Social Security Number is unknown to Plaintiff.
Defendant's date of birth is August 8, 1943.
Defendant's place of employment is Dana Corporation, Carlisle, Cumberland County,
Pennsylvania.
6, Defendant has had an intimate relationship with Plaintiff.
7. The facts of the most recent incident of abuse are as follows:
Approximate Date:
Approximate Time:
Place:
On or about June 10, 2000
4:30 a.m.
4 East Louther Street, Apt. 2, Carlisle, Pennsylvania
On or about June 10, 2000, at approximately 4:30 a.m., Defendant
grabbed Plaintiff's wrist as she lay in bed, told her in a threatening voice, "Get
out of bed, bitchf", punched her in the face, called her vile names in the presence
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of her 7 and 9-year-old children upsetting the children, and followed Plaintiff
about the house as she tried to get away from him.
8. Defendant has committed the following prior acts of abuse against Plaintiff:
a) In or about early May 2000, Defendant grabbed Plaintiffby the wrist and
restrained her as she tried to get away from him, poked his finger in her face,
and threatened to kill her in the presence of her children, traumatizing them.
b) In or about late Aprl12000, Defendant yelled at Plaintiff and drew his fist
back causing her to fear he was going to hit her.
c) Since approximately 1998, Defendant has abused Plaintiff in ways
including, but not limited to, the following: grabbing and punching, pulling her
hair; throwing objects such as books, cups, glasses, and shoes at her, restraining
her by blocking doorways with his body; intimidating her by drawing back his
fist causing her to fear he was going to hit her, and threatening to kill her.
9. The following police department or law enforcement agency in the area in which
Plaintiff lives should be provided with a copy of the Protection Order:
CARLISLE POLICE DEPARTMENT
10. There is an immediate and present danger of further abuse from Defendant.
11. Plaintiffis asking the Court to evict and exclude Defendant from the residence at 4 East
Louther Street, Apt. 4, Carlisle, Cumberland County, Pennsylvania, which is rented in the names of
Debra Ann Dupert and Willie Joe Hughes.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD 00
THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff
in any place where she may be found.
B. Evict and exclude Defendant from the jointly leased residence at 4 East Louther
Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania, and prohibit Defendant from
attempting to enter any temporary or permanent residence of the Plaintiff.
C. Prohibit Defendant from having any contact with Plaintiff: either in person, by
telephone, or in writing, personally or through third persons, including, but not limited
to, any contact at Plaintiffs current residence, and any residence she may, in the future,
establish for herself, her school, business, and/or her place of employment.
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D. Prohibit Defendant from having any contact with Plaintiffs relatives.
E. Order Defendant to pay the costs of this action, including filing and service fees.
F. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s
funding sources toward the cost oflitigation in this case_
G. Order the following additional relief, not listed above:
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.
H. Grant such other relief as the court deems appropriate.
1. Order the police or other law enforcement agency to serveDefundant 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 Defendant's residence, where
Defendant can be served.
0;0o/rd
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Respectfully submitted,
tb::!.~L
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. ~4904, relating
to unsworn falsification to authorities,
Dated: C, ( :A CJ) C> D
D, i/lO'- 0-- D H ~d-
Debra Ann Dupert, Plaintiff '
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06/30/00 FRI 15:25 FAX 717 240 6573
CUMB CO PROTHONOTARY
141001
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TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS.
RESULT
*********************
... TX REPORT ...
*********************
1968
92490779
06/30 15:19
05'23
7
OK
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DEBRA ANN DUPERT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV ANlA
vs.
: NO. 2000-4696 CIVIL TERM
WILLIE JOE HUGHES,
Defendant
: PROTECTION FROM ABUSE
FINAL PROTECTION ORDER
Defendant's Name: WILLIE JOE HUGHES
Defendant's Date of Birth: 08/08/1943
Defendant's Social Security Number: Unknown to Plaintiff
Name of Protected Person: DE~ ANN DUPERT
AND NOW, this U day of Jnly, 2000, tbe conrt baving jurisdiction over tbe parties
and the snbject-matter, It is ORDERED, ADJUDGED, and DECREED as follows:
Pl.aintift: Debra Ann Dupert, is represented by Joan Carey ofLega! Services, Inc.; Defendant,
Willie Joe Hughes, is Unrepresented, but has been advised of his right to counsel in this matter.
Defendant, although agreeing to the terms of this Order, does not admit the allegations made
in the Petition.
I:&> Plaintiff's request for a Final Protection Order is granted pursuant to the consent of
Plaintiff and Defendant.
o Plaintift's request for a Final Protection Order is denied.
I:&> 1. Defendant shall not abuse, stalk, barass, threaten Plaintiff in any place where
she might be found.
I:&> 2. Defendant is completely evicted and excluded from the residence at 4 East
Loutber Street, Apartmut 2, Carlisle, Cumberland County, Pennsylvania, or any otber
reside.Ilce where PlaiJltilTmay live. Exclusive possession oftbe residence is granted to Plaintiff.
Defendant shall bave no rigbt or privilege to enter or be present on the premises.
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o On _ at _.m., Defendant may enter the residence to retrieve hislher clothing and other personal
effects, provided that Defendant is in the company of a law enforcement officer when such
retrieval is made.
I:&> 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to, any contact at PIaintitJ's current residence, and any
other residenashe may, in the futuR, establish for herself, her school, business, or her place
of employment. Defendant is specifically ordered to stay away from the following locations
for the duration of this Order:
Plaintiff's place of employment, wherever that may be.
I:&> 4. Defendant shall not contact the Plaintiff by telephone or by any other means,
including third parties.
o 5. Custody of the minor children" shall be as follows: [state to whom primary physical
custody awarded; state terms of partial custody or visitation, if any J( or see attached Custody Order)
o 6. Defendant shall inunediately turn over to the Sheriff's Office, or to a local law
enforcement agency for delivery to the Sheriffs Office, the fullowing firearms and/or specific
weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the
minor child/ren:
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o 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms
and/or specific weapons for the duration of this Order. Any firearms and/or weapons delivered to
the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not
be returned until further Order of Court.
,
,
I:&> 8.
The following additional relief is granted as authorized by ~6108 of this Act:
This Order shall remain in effect until modified or terminated by the Court and
can be extended beyond its original expiration date if the Court imds 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 enjoined from damaging or destroying any property owned solely
by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
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o 9. Defendant is directed to pay temporary support for _ as follows: _' This Order for
support shall remain in effect until a final support order is entered by this Court. However,
this Order shall lapse automatically if Plaintiff does not file a complaint for support with the
Court within fifteen (15) days of the date of this Order. The amount of this temporary order
does not necessarily reflect Defendant's correct support obligation, which shall be determined
in accordance with the guidelines at the support hearing. Any adjustments in the final
amount of support shall be credited, retroactive to this date, to the appropriate party.
o
10.
The costs of this action are waived as to plaintiff and imposed on Defendant.
o 11. Defendant shall pay $_ to Plaintiff as compensation for Plaintifl's out-of-pocket
losses, which are as follows: OR
o Plaintiffis granted leave to present a petition, with appropriate notice to Defendant, to (insert
the name of the judge or court to which the petition should be presented) _ r e que s tin g
recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed
out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a
hearing. No fee shall be required by the Prothonotary's office for the filing of this petition.
o 12. BRADY INDICATOR
o 1. The Plaintiff or protected person/s is a spouse, former spouse, a person who
cohabitates or has cohabited with Defendant, a parent of a common child, a child of that
person, or a child of Defendant.
o 2. This Order is being entered after a hearing of which Defendant received actual
notice and had an opportunity to be heard.
o 3. Paragraph 1 of this Order has been checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected person/so
o 4. Defendant represents a credible threat to the physical safety of Plaintiff or
other protected person/s OR
o The terms of this Order prohibit Defendant from using, attempting to use, or
threatening to use physical force against Plaintiff or protected person that would reasonably
be expected to cause bodily injury.
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I:&> 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER.
I:&> 14. All provisions of this Order shall expire 18 months from the date this Order is
entered.
NOTICE TO THE DEFENDANT
Violation of this Order may result in your arrest on the charge of Indirect
Criminal Contempt which 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. This Order is enforceable in all fifty (50) States, the District of
Columbia, Tribal Lands, U.S. Territories, and the Commonwealth of Puerto
Rico under the Violence Against Women Act, 18 U.S.C.~2265. If you travel
outside of the state and intentionally violate this Order, you may be subject
to federal criminal proceedings under that Act. 18 U.S.C.~~ 2261-2262. If
paragraph 12 of this Order has been checked, 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 OFlFICIALS
The police who have jurisdiction over Plaintiffs residence OR any location where a violation of this
Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation
of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause,
whether or not the violation is committed in the presence of the police. 23 Pa.C.S.~6113.
Subsequent to an 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
County Sheriff's Department shall maintain possession of the weapons until further Order of this
Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken
to the appropriate authority 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
Plaintiff, Plaintiffs presence and signature are not required to file the complaint.
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If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond sl<t
and both parties given notice of the date of the hearing.
BY THE COURT,
This Order is entered pursuant to the consent of Plaintiff and Defendant:
UJ L,CA U- (l~
Debra Ann Dupert, Plaintiff
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Willie Joe Hughes, efendant
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o Carey, Attorney fo
LEGAL SERVICES,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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07/19/00 WED 09:52 FAX 717 240 6573
CUMB CO PROTHONOTARY
141001
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS.
RESULT
**************$***~**
*** TX REPORT ***
*********************
2007
92490779
07/19 09:47
05'16
7
OK
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