HomeMy WebLinkAbout97-05876
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Nancy J. Hoon,
IN THE COVRT Of COMMON PLEAS OF
Plaintiff
ClJM'.'IERlAND COUNTY, PENNSYl.VANIA
NO. 'I7-S87L,CIV([. TERM
v.
Maurice E. Hoon.
Defendant
PROTECTION fROM ABlJSE
TEMPORARY PROTECT'O~ ORnE!
AND NOW, this I.,"\.._~ day of October, 1'1'17, upon
presentation and consideration of the within Petition, and upon
finding that the plaintiff, Nancy J. Hoon, now residing at an
undisclosed locat ion, is in immediate and present danger of abuse
from the defendant, Maurice E, Hoon, the following Temporary
Order is entered. l.aw enforcement agencies, human service
agencies and school districts shall not disclose the presence of
the plaintiff In the jurisdiction or district or furnish any
address, telephone number, or any other demographic information
about the plaintiff except by further Order of Court.
The defendant, Maurice E. Hoon, (SSN: unknown and date of
birth: 5/28/43) now residing at 212 East Mulherry Avenue,
Carlisle, cumberland County, Pennsylvania, is hereby enjoined
from physically abusing the plaintiff, Nancy J. Hoon, or from
placing her in fear of abuse,
The defendant is ordered to stay away from the plaintiff's
current residence, iI residence which is leased solely by the
plaintiff to which the plaintiff and her minor child moved to
avoid abuse, and any other residence the plaintiff may establish.
The defendant is ordered U" refrain from having any direct
or indirect contact with the plaintiff including, hut not limited
lo. telephone Hnd written communlc"tion~.
The defendunt is enjoined from hurasslng and stalking the
plaintiff and from hurussing the plaintiff's re/utives.
The defendunt is enjoined from entering the plulntiff's
place of employment during her work hours.
The defendunt is enjoined from removing, dumaglng,
destroying or selling any property owned jointly by the parties
or owned solely hy the plaintiff.
^ violation of this Order mllY subject the defendant to: I)
arrest under 23 Pa.C.S. !I6113j il) a private criminal complaint
under 23 Pa.C.S. !I6113.lj iii) u chllrge of indirect criminal
contempt under 23 Pa.C.S. !I6114, punishable by Imprisonment up to
six months and a fine of $100.00-$1,000.00; and Iv) civil
contempt under 23 Pa.C.S. !I6114.1. Resumption of co-residence on
the part of lhe pllllnt Iff IInd defendant shall not null ify the
provisions of the court order.
This order shall remnin in effect until modi fled or
terminated by the Court and can be extended beyond Its originul
expiration dllle I f the Court finds that the defendant hils
committed another IICt of IIhuse or hils engaged in a pattern or
practice thllt indlclltes coni inued risk of hllrm to the pllllntlff.
A hellring shllll he held on this mlltter on
the ;J/~ day of
No._J, Cumberland
October, 1997, lit :r:...rS-
..~- ,m., in r.ourt room
County Courthouse, Carlisle, Pennsylvanill.
The pluintiff mny proceed without pre-payment of fees
pending u further order after the hellrlng.
The Cumberland County Sheriff's Department shall attempt to
make service at the 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 shal I not send a copy of this Order to the defendant
by mai 1.
The Pennsylvania State and Carlisle Police Departments will
be provided with certified copies of this Order by the
plaintiff's attorney. This Order shal I be enforced by any law
enforcement agency where a violation occurs by arrest for
indirect criminal contempt without warrant upon probable cause
that this Order has been violated, whether or not the violation
is committed in the presence of the police officer.
In the event
that an arrest is made under this section, the defendant shall be
taken without unnecessary delay before the court that Issued the
order. When that court is unavailable, the defendant shall be
taken before the appropriate district justice. (23 Pa.C.S. g
6113) .
fly t.h1/ourt ,(j /1~ /
d-Cl./--6-~i/-;
Nancy J, 1I0on,
IN TII~ COURT Of COMMON PL~AS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97- n?(..CIVIL TERM
v.
Maurice E. 1I00n,
Defendant
PROTECTION FROM ARUSE
fETITION FOR P~_QTECT19N ORDER
RELIEF UNDER TilE PROTECTION fROM ABUSE
ACT, 23 Pa_C.S. I 6101 et seq.
A.._,-t\BUS.t;
I. The plaintiff, Nancy J. 1I00n, is an adult individual.
2. The plaintiff is temporari Iy staying at an undisclosed
location for her own protection and to avoid further abuse as is
more fully set forth herein. This address will be furnished to
the court upon request.
3. The defendant, Maurice E, Hoon. (SSN: unknown)(Date of
Birth: 5/28/43), is an adult individual residing at 212 East
Mulberry Avenue, Carlisle, Cumberland County. Pennsylvania 17013.
4. The defendant is the plaintiff's husband.
5. Since approximately fall of 1987. the defendant has
attempted to cause and has intentionally, knowingly, or
recklessly caused bodily injury to the plaintiff. has placed the
plaintiff in reasonable fear of imminent serious bodi Iy injury,
and has knowingly engaged in it course of conduct or repeatedly
committed acts toward the plaintiff which have placed the
plaintiff in reasonable fear of bodily injury. This has
included, hut is not I imited to, the fol lowing specific Instances
of abuse:
a. On 01' ahout Ot'tnhel' II. 1'J97, the .Iefendant
grahbed the plaintiff's arm and threw hel' against the
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door causing her to fal I to the floor and hit her head
on the door. As a result of this incident, the
plaintiff suffere<1 injurivs including, but not limited
to, a scalp laceration, and n coccyx fracture which
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required medical treatment.
b. In or about Oecember IClClS, the defendant slapped
the plaintiff across the face causing red marks.
c. In or about the fall of 1'11\7, the defendant
punched the plaintiff several times in the face causing
black eyes and a swollen, lacerated lip.
6. On or about October IS, 1'197, the plaintiff and her
minor child left their residence at 212 East Mulberry Avenue,
Carlisle, Cumberland County, Pennsylvania, in order to avoid
further abuse,
7. The plaintiff believes and therefore avers that she is
in immediate and present danger of ahuse from the defendant and
that she is in need of protection from such abuse.
8. The plaintiff desires that the defendant be prohibited
from having any direct or indirect contact with the plaintiff
including, but not I imitcd to, telephone and written
communications,
9. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
2
plaintiff's relatives,
10. The plaintiff desires that the defendant be restrained
from entering her place of employment during her work hours.
II. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling nny property owned
jointly by the parties or owned solely by the plaintiff.
IL-. RXCLlJS I VR POSSP",,!S JON
12. The apartment which the plaintiff is asking the Court
to order the defendant to stay away from is not owned or rented
in the defendant's name,
13. The defendant has his own residence located at 212 East
Mulberry Avenue, Carlisle, Pennsylvania.
C. LOSSF.S AND RRIMflURSEI4F.NT FOR COST OF CASE,
14. The plaintiff has suffered losses as a result of the
abuse by the defendant. The losses are listed on Exhibit A
attached.
15. The plaintiff asks that the defendant be ordered to pay
$250.00 to reimburse one of Legal Services, Inc. 's funding
sources for the cost of litigating this case.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976,23 Pa.C,S. ~ 6101 tl ~., as
amended. the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the
"Protection from Abuse Act:"
3
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I. Orderin~ the defendant to refrain from
abusing the plaintiff or Cram placing her In fear
of abuse,
2. Ordering the deCendant to refrain Cram having
any direct or indirect contact with the plalntiCC
Including, but not limited to, telephone and
written communications.
], Ordering the defendant to reCrain Crom
harassing and stalking the plalntiCC and Cram
harassing the plaintiCf's relatives.
4. Prohibiting the deCendant Cram entering the
plaintiff's place of employment during her work
hours.
S. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's residence, which the parties have
never shared, and any other residence the
plalntifC may establish.
B. Schedule a hearing in accordance with the provisions of
the .Protection from Abuse Act,. and, after such hearing, enter
an order to be in effect for a period oC one year:
I. Ordering the defendant to reCrain from
4
abusing the plaintiff or from placing her in fear
of abuse.
2. Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
inclUding, but no( limited to, telephone and
written communications.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives,
4. Prohibiting the defendant from entering the
plaintiff's place of employment during her work
hours.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned soleiy by the
plaint I ff.
6. Ordering the defendant to reimburse the
plaintiff's out-of-pocket losses suffered as a
result of the abuse inclUding but not limited to
the losses listed on the attached sheet marked
Exhibit A.
7. Ordering the defendant to stay away from the
plaintiff's res!dence, which the parties have
never shared, and any other residence the
plaintiff may establish.
5
8. Ordering the defendant to pay $250.00 to
reimburse one of Legal Services, Inc.'s funding
sources for the cost of litigating this case.
The plaintiff further asks that this Petition be filed and
served without payment of fees and costs by the plaintiff,
pending a further order at the hearing, and that certified copies
of this Petition and Order be delivered to the Pennsylvania State
and Carlisle Police Departments which have jurisdiction to
enforce this Order.
The plaintiff prays for such other relief as ~ay be just and
prope r.
Respectfully submitted,
nt17- ;l @dk-
for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
6
Nancy J. lIoon,
IN TilE COURT OF COMMON PLEAS OF
Plaintiff
CUMHERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-
CIVIL TERM
Maurice E. lIoon.
Defendant
PROTECTION FROM ABUSE
OllT-OF-I'OCl\JILLOSSRS
The plaintiff requests that the defendant reimburse her out-
of-pocket losses, including but not limited to the following:
Any and nIl medical expenses related to the Injuries she
sustained as a result of the incident on or about Octnber II.
1997. The Carlisle lIospital has not billed the plaintiff as of
the filing of this petllion.
()
Exhlbl t ^
The above-named plaintiff. Nancy J. Hoon. verifies that the
statements made in the above Petition are true and correct. The
plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa.C,S. g 4904 relating to unsworn
falsification to authorities.
Date :/~-,;l /- 9'7
~.-v~ g ~
Nancy J. [(oon. plaintiff
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Nancy J, f1oon,
IN TflE COURT OF ('OMMON Pl.EAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYl.VANIA
v.
NO. 97-5876 CIVIl. TERM
Maurice E. f1oon,
Defendant
PROTECTION FROM ABUSE
PROTECTIO~ OROER
AND NOW, this ~ott, day of October, 1997, upon consideration
of the Consent Agreement of the part les, the following Order is
entered:
I. The defendant, Maurice E. f1oon, is enjoined from
physically abusing the plaintiff, Nancy J. f1oon, or from placing
her in fear of abuse,
2, The defendant is enjoined from having any direct or
indirect contact with the plaintiff including, but not limited
to, telephone and written communications,
3. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
4. The defendant is prohibi tcd from cnter ing the
plaintiff's place of employment during her work hours.
5. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
6, The defendant is ordered to stay away from the
plaintiff's current residence, and /lny other residence the
plaint iff may establish.
7. The defendant is ordered to reimburse the plaintiff's
out-of-pock~t losses suff~red as a result of the abuse, includin~
but not limited to the losses listed on the attached Exhibit A.
by making weekly paymentg to tbe plaintiff, Tb~ first payment Is
to be made by the defendant within ten days of the ~ntry of this
Order. and subsequent payments .r~ to be made each week
thereaft~r until the total amount is paid in ful I. The total
amount of losses shall be reimbursed to the plaintiff within 90
days of the entry of this Order and if other bills are received
after this period, within 60 days of the receipt of those bills.
An award under this chapter shall not constitute a bar to
litigation for civil damages for other injuries sustained from
the acts of abuse giving rise to this award.
8. The court costs and fees are waived.
9. This Order shal I remain In effect for a period of one
year or until modified or terminated by the r.ourt. The Order can
be extended beyond its original expiration date if the Court
finds that the defendant has committed another act of abuse or
has engaged in a pattern or practice that indicates continued
risk of harm to the plaintiff.
10. A violation of this Order may subject the defendant to:
i) ~rrest under 23 Pa.r..S. g6113; il) a private criminal
complaint under 23 Pa.C.S, g6113.1; iii) a charge of indirect
criminal contempt under 23 Pa.C.S. g6ll4, punishable by
imprisonment up to six months and a fine of $100,00-$1,000.00;
and iv) civil contempt under 2] Pa.C.S. g6ll4.1. Resumption of
co-residence on the part of the plaintiff and defendant shall not
Nancy J. floon.
IN TilE COURT OF COMMON PI.EAS OF
Plaintiff
CUMBERLAND COUNTY. PENNSYLVANIA
v.
NO. 'l7-587/i CIVIL TERM
Maurice E. floon.
Defendant
PROTECTION FROM ABUSE
CONS ENT_^-GR F.:F.Nf.NT
This Agreement Is entered on this a-'~ day of October,
1997, by the plaintiff, Nancy J. floon, Rnd the defendant, Maurice
E. floon. The plaint iff Is represented by .loan Carey of LEGAL
SERVICES, INC.; the defendant is unrepresented but Is aware of
his right to have an attorney. The parties agree that the
following may he entered as an Order of Court.
I. The defendant, Maurice E. floon, agrees to refrain from
abusing the plaintiff, Nancy .I. 1I00n, or from placing her In fear
of abuse.
2. The defendant agrees not to have any direct or Indirect
contact with the plaintiff including, hut not limited to,
telephone and written communications.
3. The defendant agrees not to harass and stalk the
plaintiff and not to harass the plaintiff's relatives.
4. The defendant agrees not to enter the plaintiff's place
of employment during her work hours.
5. The defendant agrees not to remove, damage. destroy, or
sell any property owned hy the plaintiff or Jointly owned by the
parties.
6. The defendant agrees to stay away from the plaintiff's
current residence. and any other residence the plaintiff may
establish.
7. The defendant agrees to reimburse the plaintiff's out-
of-pocket 10llses suffered as a result of the abuse, including but
not limited to the losses listell on the attached sheet w.arked
Exhihit A. The first weekly payment is to be made by the
defendant within ten days of the entry of this Order, and
subsequent payments are to he made each week thereafter until the
total amount Is paid in full, or according to Il payment schedule
worked out hetween the parties with the first payment to be made
on the date the Protection order Is issued in the above-captioned
matter. The total amount of losses shall be reimbursed to the
plaintiff within 90 days of the entry of the Protection Order and
if other hills are received after this period, within 60 days of
the receipt of those hills. The defendant understands that this
award does not constitute a bar to litigation for civil damages
for other inJuries sustained from the acts of abuse giving rise
to this award.
8. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
9. The defendant understands that the Protection Order
entered in this matter wi I) he In effect for a period of one year
and can be extended beyond it original expiration date if the
Court finds that the defendant has committed another act of abuse
or has engaged in a pattern or practice that indicates continued
risk of harm to the plaintiff. The defendant understands that
this Order wi II be enforceahle in the same manner as the Court's
prior Temporary Protcction Order entered in this case.
10. violation of the Protection Order may subJect the
defendant to: I) lirrest under 23 Pa.C.S. g61IJi II) /I private
criminal complaint undcr 23 Pa.C.S. g6113.lj iii) a chargc of
indirect criminal contempt under 23 Pa.C.S. g6l14, punishable by
imprisonment up to six months and n fine of $100.00-$1,000.00;
and iv) civil contempt under 23 Pa.C.S. g61l4.1.
WflEREFORE, the part ies request that a Protect Ion Order be
entered to ref lect the above te rms.
jf:VilHi'~f
k''/ @U--~_ - -
oan Carey
"'Attorney for Plain iff
"1/ ' CDL"~).
/. .. a(kUC/ c:::. / ~I
Maurice E. Roon, ~efdndant
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
Nancy J. Hoon.
IN TflE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-5876 CIVIL TERM
Maurice E. Hoon,
Defendllnt
PROTECTION FROM ABUSE
OUT OF-.fOCKET \,OSSES
The plaint Iff requests that the defendant reimburse her out-
of-pocket losses, Including but not limited to the following:
Any and all medical expenses related to the inJuries she
sustained as a result of the incident on or about October II,
1997. The carlisle Hospital has not billed the plaintiff as of
the filing of this pet I t ion.
Exhibit A
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\,,-
Nancy J. Hocn,
IN THE COURT OF COMMON PLEAS OF
Plaintiff
v,
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5876 CIVIL TERM
Maurice E. Hoon,
Defendant
PROTECTION FROM ABUSE
AND NOW, this
ORDER OF COURT
\ '\~~ day of March,
1998, upon consideration
of the attached Praecipe to Withdraw Action, the Protection Order
dated October 30, 1997, is VACATED.
By the Court,
J(
.
Joan Carey ,
Attorney for Plaintiff ul '
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,..l,,f
Maurice E. Hoon
Pro Se
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Nancy J. Hoon,
IN THE COURT OF COMMON PLEAS OF
Plaintiff
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5876 CIVIL TERM
Maurice E. Hoon,
De fendant
PROTECTION FROM ABUSE
PRAECIPE TO WITHDRAW ACTION
The plaintiff in t~e above-captioned~ase reauests that tp~_
p-etition for Protectio!1 From Abus!, filed O!LQ~1..Q!L!!.r...1.h_J997. b!l_
withdrawn. and the Protection Order be vacated.
To Curt Long
Prothonotary
19.98
(k
iJ an Carey
- ttorney for Pla ntHf
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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