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B, On March 21, 1974, Petitioner plead guilty to the charge of
possession of a controlled substance to No, 3 Criminal 1974, in the Court of Common Pleas of
Huntingdon County, Pennsylvania, and received a sentence of probation for a period of five
years, on condition of payment of the costs of prosecution, A copy of the Order of sentencing
is attached hereto as Exhibit "B",
4, Baseel upon the offenses set forth above, Petitioner is precluded from the
possession, transfer or control of a firearm under 18 Pa,C,SA ~6105(a)(1),
5, Pennsylvania Uniform Firearms Act, at 18 Pa,C,SA, ~6105, provides that
persons who have been convicted of certain offenses "shall not possess, use, control, sell,
transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture
a "rearm in this Commonwealth,"
6, Said Act provides for certain exemptions from such prohibitions upon the
possession, transfer or control of a firearm, specifically at 18 Pa,C,SA ~6105(d), which provides
that an individual may apply to a COLlrt of Common Pleas of his residence for relief from the
disability generally imposed by 18 Pa,C,SA ~6105, and that the Court shall grant such relief if
both of the following conditions are met:
A The Secretary of the Treasury of the United States has relieved the
applicant of a/1 applicable disability imposed by Federal Law, upon the possession, ownership
or control of a firearm as a result of the applicant's prior conviction, except that the Court may
waive this condition if the Court determines that the Congress of the United States has not
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DEPARTMENT OF l'HE TREASURY
BUREAU OF ALCOHOL, TOBACCc) AND FIREARMS
WASHINGTON, Dr. 20226
FIFD;FB:FT;VCP
3319
Mr. James D. Flower Jr
Attorney at Law
II East High street
Carlisle, Pennsylvania 17013
Dear Mr. Flower:
This is in response to your recent letter to the Bureau of
Alcohol, Tobacco and Firearms (ATF) requesting information
about obtaining restoration of Federal firearms privileges
for your client, Mr, Lester Charles Hammond. .
Under the provisions of the Gun Control Act of 1968,
convicted felons and certain other persons are prohibited
from possessing firearms. (See 18 U.S,C. section 922(g) ,)
This Act, however, provides the Secretary of the Treasury
with the authority to grant reHef from this disability
where the Secretary determines that the person is not
likely to act in a manner dangerous to the public safety.
(See l8 U.S,C. section 922(g) ,) The Secretary has delegated
this authority to ATF.
Since October 1992/ however, ATF's annual appropriation has
prohibited the expending of any funds to investigate or act
upon applications for relief from Federal firearms
disabilities. This restriction was retained in Pub. L.
No. 105-61, 111 stat. 1277, containing ATF's appropriations
for 199B. As long as this provision is included in ATF's
appropriations legislation, ATF cannot act upon applications
for ~estoration of Federal firearms pl'ivileges as submitted
by individuals.
Also, the restriction contained in Pub. L. No. 105-61 does
not change your client's status as a p~ohibited person.
Your olient is still prohibited from possessing, receiving,
transporting or shipping firearms under Federal law.
In view of the above, we recommend that you or your client
contact our office about obtaining restoration of Federal
firearms privileges if and when Congress acts to remove the
restriction currently imposed. The address is as follows:
Bureau of ATF, P.O. Box 50220, Tech World Post Office,
Washington, DC 20091/ ATTN: Restoration Section.
EXHIBIT
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(AI!<lIMY lot DlI""I."I)
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COMPLAINT NO'J112189 191 ~ :- ~._~J
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, GI12\2Q._,____ .
COMMOHWljAL III Of; l't!tHHYLVM~IA
(
(
CRIMINAL COMPLAINT'
._-~
1..1;, JU"IIOIClIOI! I APP,U:U 0" IHI/Hl" "Jl"WMIT~
L...--__________,_~
.
I, _O'P_~_.~_TIH!l\l(\l' J, J\UOn&__
(N,''''~ ,,, ,llfl..""
vs,
,
of __.f.U.UIUl_II-.1U:ilt_lth.l.L~_Q.._. ~..._.,.. .__._ .~_,.._.,,_____
(/lf~1l14fr ,1.,..'II1''''''~' ~'-tl'or ..'.1....'1." tlhl '....,lIltlll ~lI/,dl~j.'OI')
lIf.fl.:1I0A'jT IH""'.lIllIl....""....1
.....
do h"'tlby ~tol(J undel ooth or llflilliHltioll, 10 the hest of my
knowledgel informntion !lnd bolief:
0.0.0, 10 JUliO 1,9
1,09 tor ellll r 109 llaml1l(lnd
Pot:orflhutS, I'll. 1(1669
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UUtldlng al ~ll&1t!;.!llgdQ]\.I.J:!'~L~_._____..__.__~__.____
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I acclllie lhe llbovo.nnmed dcfurlllllfll, whr lives lit the IIddr(f!ls !let (olth ubove
0',
II,CI;'U90 no individual who:;e flume is unkn(lwn to nw but w.ho ill dtHlerlbcd ns ___.._,.______~__
(ell...
.",.11",.1.
".1
Tho
llnd who beat9 the nlcknome at populur deflignntlon of jll~k IIllJ1l1llon~_______
and, IhotcfDrc, I hIve designated him herein lUI John Doe;
wllh violating lhe pellllllllWS of tho Comm(lnweullh of PennMylvanln ill ___
Controlled Substance, OruS, Oevice and COflmct:ic Act. (I'/.~. - ",,111/0'/ H'bd'~II/o"J
l'..e.J:Jrr.sburg---.!!Qr,Q.,t..__ In _..JJ1J.ntiD~_._ County on Ot IllooulliiL'i.1~pJ1Lli,..l973
III '''1' d.If,. 0' ,/IIy ..I I'.... II 'III ,'IUIl/I.lf d'",,,nl ,,, 01l'''~<1 ch,,,,.d, I;'. ,101)1 0' ,10110 "'fj.ll Iu. .Ip'dflr"fI,.. .,..., I'JI/h.J
PlIrticllHlnts wete (11110",.. W/I'" "'11I1"IP<I'III. pfac, th", 1I11mU ;,,,.. ,.ptdlllllll!,. '111m. 01 ,Ibov, ",I,."I/alll).-
O.orgo Martin Pipat., Petersburg, 1'.1. (lnd Lestor Charles IIll.lilmond, PetorsbUl'R, Pat
(2) The IlclM cOll1l11lttl,'d hy the llcclIHmj WIl(C;.t Violntioll or tho Controllud ~jllbtJt.:(mCll, I>n1lh /)~vJ.CQ find
C09mot:1.c Act No. 64, and the Penal Code: '
rThe defendant did tntontiona 11y , knowingly. reclUess l~ 01,. negligent: ly clo H ver a cortaindon..
tl'ollcc.l !lubstance, to wit:Hnrijllann, a Schedulo I Substa.nco to UlI undercovor Narcotics M\ont(Tpl'.
Charles J, Y.ay, Jr. , Penna. State Police)the defendant not then <lOu there being licensed or registfi
orod 08 required uy the Act of Assomuly of tho Cemmonwcu1th of Penna. AND
the defendant, in concert with Georgo Hartln Pipar did in a dishonost (lnd unlawful manner fnlso
ly LInd llIolicJ.owdy cOl\opirc nod ngroCl to un unlawful (lct to tho Pl'Q.llldll~() of anothor odd ndt 1.0
to w1.t: arranging for the possession, dc1:l.vm.y and !laic of Harijuana, a controllod substance, under
Schedule 1 of the C(lntrollod Substance, Drug, Device and Cosmetic Act, sllch per;son not: registered
or licens(>d under tho Laws of tho COl1l11lonwwlth of Penna.
This inf011nation filed on information l'oceived.
011 of which were OIgnlnst tho peace nnd, dignllY o( the Commonwealth of, Penns.vbvaniu and controry 10 thI,J
Act of Asumbly. or In violation of Section 1:.1 arid artl. j of the
(~.(lll</"I ,(.Jt:jJ,..",o14or,.1.
13.1972 & Vtolatlon of Section 302 of the Penal vode.
Act of 6l,. effectivo JlIn~r tho Otdinnnce of
IF'oll"oal!;'111l11"'4on)
(3) I uk th.t . w.H.nl of ."... 0.. ,"mmo", b. i..uod .nd th.1 Ih. oc.:~~. t"~dl !the chnrRcs
I twvu IOlld!!, /y _ ~ .
EXECUTEO thj,---.i-'c.l.d.y otc:L7ku '___,197",i, . Y-:;;t"'~ , ..." "~
AND NOW, this do(rfosfJVJ. 0'" 1973_ , I certify the complainl hu been proflerl}' swotn to lind o:ecuted
before mo, and I believe the within affiant 10 bea responsible purson and lhallhole Is probable cause for the issuanc"
of prOCOQ9, A ...;) a/" / ~ ~ ,...-"/
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...:....-1M;;lj7:7;;;';njT~i/i;il-n_-' /:. l..t . ..,: e;-: 11. . ~l ,L (SEAL)
M....ny G. GROVe, J~lllc. 01 In. ""11 rr"lJ'lI~ ....ul/tO'nr}
h1.<J'llflj.1 Dilltl~t 10.3"\1 My cOnlr. nslon !:xpiros
....Itllt"'!,!., P.,.I..II JlIm/'1fY 10m
"($II, (UIU, 'IW""II11UI" "I IIJ~ 1''''ls !/.1I11/<'IIj," ,<> 'lI/viH ,b, 1/i'(t'/U"ml u/lb. /wlll" 0/ Ihe oll'r!'lr d>llf"d, I,. 1/ ('purl cau, ,..'Ih, lb.
'Viii,"", flO' lb. .Illllute' II/1."dly lI/ol.,.d IInJ ". cill!J, nu, Jhllll II cilQlrlJ/l 01 o,,~ "'II'l<lt fll/('ftJlr vloltlll'd. by 11.1,/1,1101' HIl!lel,""
I" II #1/11I11I14')' C'iIlU, ,., 'rlfl" II ./llllulI o( lilt r,,.dli~ ,u'Ihm .mi Jub...,,'//p'I 01 lilt ..,.mlll' II' ,,'dlllll'":''' 1I1/."dfy ",..1111,01.,
WAIVER
On ~. . t 97 ___, I appeared hll(oro _.__,__________~_~_.__ ,
Mllr,IHterlnl Dlntrlct __ , who deliveted to me II copy o( dIU (oroKoing Complaint,
and I hereby wlliv6 prlllhninnr>' hUhting alld conllcnt to be bound over to courl.
.---.----n);,;,~I}-------_.
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JP e,I"" 1'.,,,, 101.70
January 7.1974-10130 A.M.
CO,~ONWEAI,TIl OF PENNSYLVANIA
VS
GEORGE MARTIN PIPER
AND
LESTER CHARLES IIAMK1ND
....
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. SUJ.tIAR1C OF TESTJMONY GIVEN AT HEARING AS FOLLOWS:
D.A. LINTON...l want to remind oOllnsel for the defendants that there are four leperata Complaints,
I think that possibly the defendant would want to consider his position with resard.
to the tri,al of theee cases at thb preliminary Huring. that I would move on behalf
of the Commo'~ealth that the District Justice consolidate all four of these for tri,
at this Preliminary Hearing at this time. in other words the trial. I mean the pre-
lentation of the oues with the Commonwealths prooedure of having a Prima Faoie Ca.e
but at that proceding I would move that all four Complainte be the subject of a
consolidated trial.
HEFFNER.......You say four aeparate Complaints. I don't have four Complaints in my possession,two
agsin.t each defendant. yes I agree.
LINTON........I move that we have one Hearing. but I want to have your position on record.
HEFFNER.......I would agree for thio purpose. but not to be bound in o,se of a trial before the
Court.
LINTON........All right. ao you have no objection at this stage to having a consolidating trial
here? .
HEFFNER.......No. now the only question I have on this Richard ia, were the four that you have
here. would indicate to me that they are duplications. do you mean that each one
pertaina to the ..me incident?I am loat to thia extent. the one eaya .3145 P.M. on
April 27th and 12:05 & 12:15 P.M. on April 19th. now on this one that says two
different times on April 19th. I am kind of loat on that, are you saying that's all
the same transaction or are you saying. if these are correct, are you saying there
are three (3) separate incidents accounts instead of two?
LINTON........Let's take the one, one pertains to April 19th.
HEPFNER.......On or abollt l2:05 or 12:15 P.M.. is thia two transactions or just one transaction?
LlNTON...... ..It is just one transaction, at the Hearing it will be developed that there was only
one transactton.Cpl. Ruegg. do you follow me? You are charging here on April 19.
1973 that there was alleged possession. alleged sale and a conspiracy. now these
are your three allegstions and we are not saying those allegations happened more
than once. It is just one offense.
HEPFNER.......In other worda. each date is just one offense?
L~N........Each defendant has two (2) separate Complaints and each Complaint there are three
, (3) offenses alleged.
RUEGG.........Right.
HEFFNER.......Just one minute please.
MARY G. GROVE. D.J!P....May I get the Witnesses names and addresses please?
WITNESSES:Cpl. Thomas J. Ruegg. (PSP) Huntingdon. Pa., Tpr. Paul J. Evanko (PSP)
York. Pa.. and Tpr. Charles J. Kay. Jr. (PSP) York. Pa. ALL SWORN TO TESTIFY:
LINTON........This testimony will relate to the alleged offense of April 19.1973 against eaeh
defendant. Will you relate in detail now, from your personal knowledge. what happenec
on the 19th of April in regard to these defendants?
EVANKO........yes sir. on 18 April. 1973. I received information that the defendants, Hammond 6
Piper. ...ted here in the Court Room. had one pound of Marijuana for sale. At approx-
imately 9:30 on that particular date. I proceeded to Huntingdon County to the Sult.-
Me-Motel to await the defendants arrival.
LINTON........Wbere is the Suits~Me-Motel? Is that around here?
EVANKO...,....Yee sir, it is situated several miles up the road toward Huntingdon.
LINTON. ....... Is that in Huntingdon County?
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EVANxo.........ye. sir, the defend.nts did not arrive until .pproximately ll20 A.M. on April
19, 1973.
LINTON.........Did you aee both defendants at the Motel at that. time?
EV~.........Ye8 air, I did.
LIHTON.........These are the two I~n that are at this Hearing?
BVANKO.........yAs sir, both subject. entered the Motel, I questioned them about the quanity of
the Marijuana and the price. Defendant Hammond stated that they hsd one pound of
Marijuana for sale, the price being $145.00. I questioned them for one-half pound,
118l11111Ond stated it would be $125.00. At this time, Halllll\ond produced a sull cellopha~
bllg cOlltaining a quanity of green vegetable substance alleged to be MarijualUl. He
ask if we wanted t<J try this Marijuena because it was the same type he had for lIale
for the pound. We atated no, I don't have any papers, he inquired about smoking it
three different times. On the fourth time when I replied that I didn't have any
papers, defendant Piper stated, well I have papers in the car. He went outside and
ca.. back and hauded defendant Hammond a pack of cigaret.te papers. Hammond rol~ed
one alleged Reefer, lit it and pa.sed it around the room. I then inquired about
haVing the deal going down right then. Piper stated that they were not cerrying the
stuff with them, that they would have to pick the stuff up some place. I again
stated about the deal going down, Piper steted thst it could not go down that
evening beceuse he did not have the ecalee to weigh it. We finally agreed on a
delivery date and time, at l2:00 P,M. the 19t.h of April, 1973, North of Petersburg,
Pa. At approximately 12:05 that afternoon, I met Hammond and Piper North of Petersbc
Piper was driviug a Pontiac, IIammond was a passenger. Tpr. Kay and mygelf entered
this car, I ask if they had the stuff, 1Iammo1~ said yea they did and reached under
the seat and produced a lot of green vegetable substance, alleged to be Marijuana,
it was wrapped in a cellophane Stroebman's bread bag. I ask about the price again,
Hammond atated it was $125.00. He then handed the Marijuana to me in the back seat,
I examined it, satisfied it was Marijuana, I handed him six (6) twenty dollar bills
and five (5) onss. This took. :place as we were driving around North of Petersburg.
During this time, Piper stated tl18t they had weighed it and gave us a good weight
and he also stated at the next time, that they could give ue a better price.
LINTON........you sdid you were driving around Petersburg, do you mean the car was in motion
during the time thie transaction was going on?
EVANKO....... .Yes sir.
LINTON........What county were you in?
EVANKO........We were in Huntingdon County on L.R. 31087 just Northeast of L.R. 31092.
CROSS EX-AMINATION BY ATl'Y. IIEFFNER l
HEFFNER.......Did you ever see these boys before the date of April the 18th?
EVANKO........yes sir.
HEFFNER........How many times?
EVANKO........As I recall, I seen them once before.
HEFFNER.......Where?
EVANKO........In the area of Petersburg.
HEFFNER.......When?
BVANKO........Approximately one week prior to this date.
HEFFNER.......Did they COMe looking for you?
BVANKO........We encountered the defendants as I recsll, at s restaurant somewhere irt the
Petersburg area.
HEFFNER.......What restaurant?
EVANKO........I really can't say.
HBFFNrR. , . . . . .Now, you say, we encountered, who do you mean ?
EVANKO........Tpr. Charles Kay.
HEPFNER.......you only talked with them the one time before the 19th?
EVANKO........As I remember, It was one or two times, I'm not sure.
HBFFNER.......Did you have conversation with them before abdut drugs?
EVANKO........yea sit:.
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HElFNER........Did these boys come looking for you'or did 'you 80 looking for them?
EVANKO,.,......We encountered them in the restaurant,
HEFFNIlR. . . . . .. .Ilncountered, that mean.s that aOlOObody was 100kinll for .omebody to me, did you go
up there looking for them or did they come looking for you? ~ :
rvANKO.........We were lookina for them. I"~
HEFFNER....... .Can you tell me about when that was'l
RVANKO.........The time immediately prior t.o the 18th, I recall it was around the 14th of April, ,
1973. I.:
HEFFNER. . . . ... .Was it daytime or night 'I ~' ',I '.
EVANKO.... . .. .. I reca 11 during the evening hours. .
HEFPNER........Did you know these boys before that occRsion?
EVANKO.........I may of met them one time prior tb that, I'm not sure.
HEFPNER....... .Whl!lre? \
EVANKO.........!n the Petersburg-Huntingdon area. '
HEFFNER........ You and the other officer were together on the evening of the l4th, is that right: \
EVANKO.,.......Ye.lir. f
HEFFNER........How were you traveling? I
, EVANKO.... .. .. .By automobile. !
HEFFNER.. . fl.... .What kind :of automobi le? l
EVANKO.........! really cRn't re'lall which vehicle we were udug that time. t,
HEFFNER........What was your conversation about the other time?
EVANKO.........Ba.ically conversation wes about Piper selling us a quanity of what is known ..
Rock Cryata!.
HEYFNER........What is Rock Crystsl?
EVANKO.........!t is s type of amphetaml,ne drug.
HEFFNER........How long did you talk to these boys on the l4th?
EVANKO..........For a period of approximately one-half hour.
IIEFFNER.........Then that's the only time you recall you saw them before the 18th at the Suits-
He-Cabins?
EVANKO.........yes sir, unless there waR e time prior to the 14th.
HEFFNER... .... .Well, you have a Police Record there in front of you, would your records show?
EVANKO.........No sir.
HEFFNF.R.....,..Now was Hammond with Piper when you saw him on the l4th?
EVANiD.........Ae ! recall, Hammond was with Piper at thst time.
HEFFNER........And also on the 16th?
EVANKO.........Yt!l8 air.
HEFFNER........They came to the Suits-Me-Csbins ?
EVANKO.........They came to where I previously testified to.
HEFFNER........S~Me-Cabin. or Mot.el?
EV~.........ye8 sir.
HEFFNER........Then you .aw them at a later time up North of Petersburg, in all told, you saw
these boye three times, is that right?
EVANKO....... ..On this parUcuIar date, the l6th and 19th.
HEFFNER........yeah and the 14th.
EVANKO........ .Three timea, that is right, counting the 14th.
HIlFFNER........That's all, I have nothing furthe~.
LINTON....... ..You stated your name, I wonder whether or not you contacted these two defendante
on the 27th of what month?
TPR. KAY TESTIFIED AS FOLLOWS l
KAY............27th of April, 1973.
L!NTON,........Where did that take place?
KAy............This meeting took place in the Borough of Petersburg, I guess it is called the
square, up from the Firehouse.
L!NTON.........What transpired at :that meeting?
XAY.. ..... .. .. .At fir.t mesting, I went down to Mr" Hammond' a residence and he e.ame out to my
vehiclll.
LINTOIi......,..Where is Hr. llallllll(lnd'll residence?
KAY.. '... ...'.. .. Yes dr. it I S down ansiete stroet in peters"burg. . lie informed me st that time
that he had .ix or .even lids or ouncos of Marijuana for sale at $15.00 each,
but he didn't have tho aubstance with him at this time. but that tho dope wa.
in Mr. Piper'. vehicle and th.t he would b. back later in the afternoon and '
that we could have our deal go down then. I made arrangements to meet Mr. Hammond -
about 3:30 in the Borough of peter.burg and at 3145. Mr. Piper ar~ived in hi. velli:
Ie. Mr. llaDlllOnd went over to Mr. Piper's vehicle. .aid sOlMJthing to Joe lInd re-
turned with a paper bag containing seven (7) small clear plastic bags of a
.ub.tance which appeared to be Mari,luana to me. During the time Mr. Piper W48
retrieving the narcotics from Mr. Hammond's car, Mr. Hammond caD~ over.
HEFFNER...... .Wait a minute, I'm IDat here.
LINTON........Maybe you had better repeat. maybe you are going a little to fa.t.
HEFFNER...,...ye.. or maybe t misunder.tood.
KAY...........We were at the .quare there.
HEPPNER.......Who was at the squsre?
KAY. .. . _,f' . . . .Mr. Hammond and myself.
HEPPNRR.......AIl right.
KAy.....,.....Mr. Piper pulled up in his vehicle. at this time. Mr. Hammond went over to Mr.
Piper's vehicle to get the drugs f.rom Mr. Piper's car. Mr. Piper walked over to
my car and talked thru the pauenger's Window to me, Hr. Hammond returning with
the brown paper bag and getting into my vehicle.
LINTON.........you say, he got into your vehicle?
KAy...........yes sir. he got into the back seat. at this time from the brown paper bag, he
produced one (1) cellophane bag and handed it to me. I opened it and it appeared
to be a Bubstance identified as Marijuana. He said he had .even (7) ounces for
sale for $15.00 each, he wanted $105.00. as I r.ecall. but we se~tled on a price
of $90.00.
LINTON........Who do you mean by we?
KAY...........Mr. Hammond and myself. During the time we were discussing the deal. ~~. Piper
was at the window of my vehicle haVing conversation with me. The topic of the
conversation . discussin~ if there was a possibility if I knew where I could obtain
Dome Heroin for him. I said 1 wasn't aure but I would let him knOll the next time
I was in the area. Mr. Hammond and I arrived at a price of $90.00. I opened each
of the bags and looked at the substance, it all appeared to be Marijuana and I
gave Mr. Hammond the sum of $90.00. lie got out of my car and I left the area.
LINTON........Was Mr. Piper present when you gave him the $90.00?
KAy...........lle was sir, he remained at the passenger side of the car talking thru the window
doing the entire tranaaction.
LINTON........Well, did you see Mr. Piper get this substance?
KAy...........No sir.
LINTON.........Well, did Mr. Hammond give it to you. u_per
KAY............Mr. Hammond returned f~om Mr. Piper's vehicle with the br~111/bag.
L~)N........Qid you aee Mr. Piper's vehicle?
"KAY...........I ssw Mr. Piper's vehicle pull up and saw Mr. Hllumond walk over to the vehicle.
but I df,dn' t see where he received the dope. I havt> no idea where he got it. from
insV.. th" car or the trunk.
LINtoN........ How was it that you knew it was 1n8i~e th.. trunk. did somebody tell you that?
KAY...........Mr. Hammond had told me earlier at 1:30. that the drugs were inside Mr. Piper's
car, that he could get it when Joe came back to Petersburg,
CROSS EX-AMINATION BY Am. IlEFFNER:
HEFFNER.......Thi. way not the fir.t time you talked to the.. two boys. was it?
KAy...........No 8ir.
HEFFNER.......llow many times did you see them prior to that occasion?
!CAy.......,.. ,Three or four Umes sir.
HERFNER.......Where did you see them the first time?
KAy.......... .The first time was. I saw Hr. Piper at the 22 Diner here in lIuntingdon County.
HEFFNER........Mr. Hammond there at the aame time?
KAy............I den't recall, if he was or not.
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HEFFNER.......When was it that you saw him?
KAy..........,Sth of April.
HEFFNER...... .When was the next time YOll Baw either of thesll boys?
KAY. .. .. . .. . .. I ssw Mr. P1.per on the 11th of April in Peteroburg Boroullh, 1 don 't recllll
if Mr. Hammond was with him.
HEFFNER.......OK. when WIlS the next t1.me?
KAy.......... .On April the 14th. 1 saw Mr. Piper, it WilD at th1.s timo he stated he could obtain
the Rock Crystal for me.
UFI"FNER.. . . . . .~lhere did you see him on the 14th 7
KAy...........lt waR in tho Ileteroburg aroa. air,
UEFFNER..... . .WIIS Halflllond with him?
KAy...........I don't recall air. but 1 don't think he was. I'm Bure he wl\sn't air.
HEFFNER.......When did you next ooe Piper?
KAy...........I saw Mr. Piper and Mr. Hammond on the 19th of April, at l:05 in the morning at
the lnoide of 22 Diner.
HEFFNER...... .Did you have IIny converoation with them?
KAy...........l did sir.
HEFFNER.......Anybody with you at that time?
KAy....I......No sir.
I~FFNER.......That wafi on the morning of the 19th? When did you next see them?
KAy.......... .Well it continued. conversstion conUnued. then it WB8 broken off.
HEFFNER....... Wsit. you SIlY the conversation continued. what do you melln?
KAy..........,Well. I saw them at l:05 A.M.. I left the Diner. then I oaw them IIgllin at 1:20 or
1125 A.M. in the room lit the Suits-He-Hotel.
HEFFNER.......Did you say them?
KAy...........yes sir. Mr. Piper and Mr. Hammond.
HEFFNER........ls thllt the time the other officer testified to. you were present at that time?
KAy............yes sir, 1 was present for the meeting and present for the deal.
HEFFNER....... .Any other times that you SIlW theBe boys'(
KAy.......,....No sir. not after the deal on the 27th. The laBt time I had any contact with them.
HEFFNER........l have no further queotions.
LINTON.........Tom Ruegg. 1 believe you were sworn. Officer Ruegg, you lire the prosecuting
officer in these cases?
RUEGG..........yes sir.
LINTON.... .. ... You no doubt filed your Complaints on Informatioll Received?
Rue8g.....~....I did.
O.A. LIN'tON.. ..Is there anything in this case that you I~ant to offer at this time?
RI/EGG.......... .Just that I am the arreot1ng officer, that theoe two lOOn were ,working for me. The
drugo, Marijuana...
HEFFNER....... .Wait a minute. I object to thia. l~e have no proof that this is Marijuana, I heard
no proof of anybody. any experts or clinical analayoio or anything aloe that we
were talking of Marijuana and I object to thio officer oaying it until it is
proven.
I,INTON...... . ..Oh. well, it's a very important objectl,on. This substance thot was reported in
this testimony. did you ever see it?
I RUEGG...........yes sir.
LINTON..,......Are you acquainted with Marijuana?
RUEGG..........1 am,
LINTON....,... .Have you seen Marijuana more than once in your work?
RUEGG.....'... .Yes sir.
LINTON.........Can you identify Marijuana1
RUEGG.,~.......yes sir.
LINTON........ .!low TOany years has it been thllt you have been acquainted with Marijuana?
nUEGG..........noughly, ten years.
LINTON.........Subatance you got. from what officer did you get it?
RUEGG..........I got this substance from the two men who teotified here.
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HBFrNER........May I aak what aubatanco wa are
LINTON.........nle aubstance they mentioned in
HIFFHER........Which. thare was testimony of a
it all together.
LlNTON.........Well. when I lay lubstanee, I mean the Marijuana.
HBFFNER........fou're aasuming that~ what it ia Hr. Linton. in other words, what I'm getting at.
I don't want to be technical about it. aD I under.tand, each of these officerl aai:
there w.. 101118 luhstance plastid hands and 1 don't think YO\l can lUlllp it dl tOilet!:.
beeauae one of them might of been and one might not of been. that's my point.
LINTON.. .. ... .I~.ll, what youTe doing now. you're roiling a que.tion about the wording I uled ane!
18 to wllllt I mean. When I uk th1a officer what he received. from whom did you
recdve it, which ofUcer?
RUEOG.........From both theee officers. Thele offieerl appeared It the Huntingdon SubMltation
in the prelence of Lt. Kimmel end myself.
LINTON........I mean the subatance officer Kay gave you and the aubltance officer Evanko gave yc~
RUEGO.........Risht~
LINTON........Do YOII have any queltion at thb point as to what I mean.Merle?
HEFFNER.......Nope.
LINTON........Now when I ask your acquaintance-ahip with Marijuana, could you identify the
subst.ance in each delinery to you?
RUEGG.........I can. it wes Marijuana.
LINTON........Now. I didn't know that the defense felt there was a valid objection to be made
here. I would ask psrmi.ssion to call back t,hese two officers to support this. 10 I
Evanko. would you take the stand pleaae. Did the subatance you received in the
Suits-He-Motel in the early A.H. of the 19th. were you able to identify it.?
EVANKO........yes sir, I wal,
LINTON........And what was it?
EVANKO........I identified the substance as being Marijuana.
LINTON........Well now. up and until that time. have you received any Police training and what
W88 it?
EVANKO........I received training from the Pennsylvania Ststa Police Academy in Drug Identificatic
from United States Department of Justice, Federal Bureau of Narcotics and Danger-
ous Drugs out of WashIngton. D.C.. the identification of Field Teeting Drugs.
LINTON........Have you worked with Marijuana?
EVANKO...... ..Yes sir. I have.
LINTON........Can you identify Marijuana?
EVANKO........yes sir, I can.
LINTON........What did you do with this package of Marijuana that you got on the 19th?
EVANXO........This particular package of Marijuana. we returned to the Huntingdon Slate Poliee
Barracks on the 19th of Apr.il whera Cpl. Ruegg and Lt. Kimmel aaw the aubatance.
following that we returned to the State Pclice Bsrracks at York. Pa.. where I
logged it in the Evidenee Room. On the 14th of May, 1973. I tran8ported it to the
P~nnsylvania State Police Crime Lab in Harrisburg and I turned it over to State
Police Chemist, Paul Gips on May 18.1973. I reeeived the analysis report indieat-
ing the substanca....
HEFFNER.......Object.
.).l)t'roN...... ..Just a minute. I am not asking YOII for that, that ~rould be haraea~.
You may eross ex-amine.
~R........I have nothing to say.
LINTON.........Officer Kay, the substance you received according to your testimony on the 27th,
were you able to identify that?
KAy............l was air.
tlllking allout?
their testimony,
couple substancel,
I don't think you can lWllp
""
LINT~.........What was it?
KAy.............It was Marijuana.
LINTON..........I~ve you had any courses of training?
KAy.............yes sir. I recaived training in Drug Identification at the Pennsylvania State
Poliee Academy in Hershey.
LINTON..........How long of a course was that?
KAy.............lt was a weekly eourse. as part of our initial training at the Academy.
LIHTON. .. . . . . . ,Did you work with Harijuallll in your polico, work'l
KAy...H.......ye8 lit.
LIJlTOII........ .Over how long of . pedod?
\CAy.......... ..Off IInd on for nine ye.rs, .ir.
LDlTOIt........ . Have you been engllSld in IIny proaecutionl belidu thh aile?
KAy............V.. .ir, I would ,.y aisht, ninll or ten time. pOI.ibly.
LINTON,........ ..Are you able to identify ~riju.n.?
lA,y.............ya. ,1,r.
LINTON....... ...What did you do with this Mariju.nll?
KAy..........., .After evidence wu obtlined by N, it wes retllrned to tho York Sub..t.tion
where it w.e logged in the Evidence Room. On the 30th of April. 1973, it then w..
losged out agllin on the 30th of April. 1973, to t.ke it to th, Pennsylveni.
St.te Police Crime Lab et llarrhhurg. P.. for Ch.miclll AlUllylis.
LINl'ON..........Wh.t WII. the condition of the Marijuana?
1<Ay..,......... .It w.n chopped up in p.ckaglll in .mall colloph.ne b.g. of .pproximately one
ounce each.
LINTON..........Wh.t obs.rvations did you make in identifying it?
KAy.............The .mall of it .ir. its .ppoar.nce, the odor. .n f.r a. direct .n.lysis of it
wo. done by the Crime Lab.
LINTON..........No, I.m not a.king for the Crime I~b, I .m .sking what ob.erv.tion. yuu made?
KAy..,.........,Oh. It had stems. it had p.rti.lly cut up le.ve. snd h.d .ama of the ..ed. of the
HarijualUl.
LINTON..........you al.o s.w the .ubst.nce on the 19th?
KAy.............yes .ir.
LINTON..........Were you .ble to identify th.t .. Marijuana?
KAy.............yes air.
LINTON..........W.s there .ny doubt in your mind th.t it was Mariju.na?
KAy...t.........Na air.
LnrroN......... .Did you or did you not present that to Officer Ruegg .t the B.rr.cks?
KAy.............We did air.
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CROSS EX-AMDlATION I
HEPPNER.........I have no questions.
LINTON..........Officer Ruegg. you remember you were aworn, YOII he.rd the.e officer s te.tify
that tlli. subetance. they identified a. Marijuana.
RUEGG........"..Yelllr.
LXNTON..........Do you h.ppen to have any of that with you?
IlUEGG............I do.
LINTON..........Where did you get it?
RUEGG...........I got it thil morqing out of the Evidence Room at the Huntingdon Sub-It.tion.
LINTON..........How did it get there?
RUEGG...........It w.s put there by Lt. Kimmel and myBelf.
HEFFNER....... ..Just a minute. I don't' think "we" as it would be heresay if it wae put in by
aomebody e lBe.
LINTON..........He laid he put it in himself with Officer KUmnlll. .t lelat thlt'e what I think
he eaid. is that oor~eet?
RUEGG...........Ye. lir. the Lt. 1e in oharge of the keeping of Evidence int.ok. itl been in ouv
Evidence Room It the Huntingdon Sub-.tltion.
LINTON..........Have you elen it there?
RUEGG.........II"Y..lir.
LINTON..........Were you there when it wa. put in there?
RUEOO...........Yellllr.
LINTON..........How did you set it when it wae put into the Evidence Room?
RUBGG...........I got it when it waa turned in by theee two in the preeenee of Lt. Kimmel.
I.INTON..........TIley said. I believe that they took it to the La~ratory in Iwrrisburg and
didn't give it to you.
RUEGG...........That's correct.
(
..IN'toN........ .When did you set it?
RUEGG.. .... ....I received it on the 16th of AllQU.t.
..IRTON.........Whom did YOII recol.ve it from?
.
IlUlGO..........From the.o two men. "
"I!f1'OII.. .... . ..How could they Sive it tll YOII if they gava it to the Crime Lib in H.rrilburs?
au.81..........Thi. evidence w.. examined prior to the time 1 got it, before I .ctuel1y received
it into ~ pereonal cuetody.
LIMTOII........,It w.. liv~n to you .fter it had been to the Crime J~b?
\l.UIIOG.. .. .. ....1 have had it atnc8 the 16th of AUIU. t.
LINTON.........Do you w.nt to Ihow it to Counael?
HEFFIIER....,...1 don't care if 1 lee it or not.
LIIITOII.. ..... ..Go eheed and ahow it anywey, Tom, lIe'l1 poli'tdy look et it anyway. Why ar.n' t
there two packasel?
RUEGG.,........1 have the other.
LIIITON.....,...you can note on your Tranlcript that it wa. introduced even though Counlel didn't
clre if he .aw it or not.
HEFPNER........Are you 80ing to leave thie in the cuetody of Madam Ju.tice, where it ~a. offered
in evidence'l
LINTON.........Well. no...
HEFFNER..,.....l don't think you can offer it in evidence if ahe'. not soing to retain it, can
you?
..lNTON.........Well, we can set her permi..ion to withdraw it, you can .tate in your Tran.cript
that you permitted the Di.trict Attorney to withdraw this .ub.tence after Coun.el
waa 8iven .n opportunity to examine it.
COMH:lllWEAL'l'H kES'l'S l
HEFFNER... .. ...1 h.ve nothing to offer.
LINTON.........All right then, we would move for the finding of e Prime Facie Caa8 and everyone
of theae elleg.tion., Three(j)allegation. on e.ch Complaint....
HEFFNER........Madam Justice, I rai.e a .erioua que.tion a. to the element. th.t had been
preof here leaning on the .llegatione, I would agree a. f.r ea po..e..ion. there
haa been lame teatimony and where the fal.ely and maliciou.ly conlpire asree to do
unlawful ICt, I rai.e eOlM quoetion on th.t one, .nd I rahe the queetion .a to the
aecond count, the proof of the elementl nece...ry to aublt.ntiate the lecond count
on each.
..INTON.........Pardon me, what ia that count, Merle? You ~en for the arr.ngeing of delivery
and .ele on the Campl.int of the 27th? That the allegatio" of conspir.cy....
HEFFNER........Con.pired .nd agreed to thele things of the 19th, what teatimony do we have of
that? Or of the 27th, there is no teat1,mony .. I .ee it, aa far a. that is con-
cerned in the incident up in Peter.burg that Piper conspired or agreed to it or
anything4ae. I've he.rd no testimony or anything that would tie him into that
one.
LINTON.,.......Which one, the one on the 27th?
HEFFNER........yel.
LlNTON.........yea, the one on the 27th waa to the effect, the Marijuana was in hia car.
IIBFFNER.........The officer aaid he didn't aee him get it.
LINTON..........Well, 1 know, but the circumstance. are auch ao to infer that he got it.
IIBFPNER.........On a Criminal Ca.e, you can't hold a caae on insinuationa .nd innuendoes.
LINTON..........No, but you can ou lawful inferencea.
HEFFNER......... But this i. no lawful inference, 1 haven't heerd for 8 basis of inference, Mr.
Linton.
LINTON..........'rhe lawful inference C8n be drawn in my opinion, that the Marijuana was gotten
from his car becauae the defendant .aid he W8a going to get it when the car appear-
ed.
HEFFNER.........Th.re'. no proof he got it there, tba officer testified he didn't know where he
got it, as we recall.
LINTON..........He ssid he didn't aee him get it.
.
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NAME ADDRESS
=l1::~~'~~I'ToO"'Z~ltTpr. Paul J. EvankoM(PSP) York, Pa.
~j'l~~"~A~:L~IMr. Tpr. Charles J, Kay, Jr. M (PS P) 'lork I Pll,
OCCUPATlO,N
LIlT "ltM~".1 '0'" tHE OI:'ItNOU.tlll ON ,.,.....UUC ltol:,
DAlI! TRANSCRIPT RELEASeO TO COURT 1 11 74
CAIH 6AIL leNT I CIIECK NO, 0,",,0.
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tolOT GUlL TV 0
HOT GUIL1'Y 0 DATE
DAYS COw.u)'TEO
DATE
I, lHE ABove NAMEO IS5UltolCi AUTHORITY, CEATIP'Y'
THE ABOVE STATEMENTS AND INFOR ION 1$ A TAU!
AND CORRECT TRAN$CRIfJ~ Of THE, RI INAL OOCKU
'"DID CER.TI'V ,,"'//" ~ OAY 0 ?t.-!'~" 1Y.
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inlJo l\~ offico fot' I.l. I'l'o!imlnury' Al'nI/1\11!lHlllt. (J(ICllhdunt Wll!! lldvl.llod of litH rlUhta, of Whlll he
WII LebH duU"g(ld with, oJ !loving II !Jl'(!l!11lI.unry lilitH' hl(\ 1111(; tHdnR l'ft!ll'080I\tml by COllosaL
Dehnd,mt 81gned t.ha Not!eo of ItLnhtll to l'fn1iUJI,Ultl'Y IIfllll'inu lIl\d CUlIIlllUl Tl\oHlI,t.,
And IlOW, IJOCOIII1Hl1' J.';9n. IMl1 Wus filII.: n!: $IS()O,OO Coull or $:1000,00 Pl'UJHll'ty. In
d.ehutt 01' I'd}, dofon<lllllt Wflll (\ollll'lltt:od t:n tl\(\ lluntluIldOIl Cuunty Juil,
A'nd 'now; IhlClll1lbfJl' ~i, 1.97:.1', '11,11'1 tll l'lw ItInOllll1: (If ~t,U() lIuntlll(:dulI County Unil llond WlJ,I
IID,t:od II)' thtl llnC{'IHlfllIt IlIld lIull/'I't: I,:, NOI'I'JH~HIHq'lff, \/lt1l ,111111(111 KYl'fll'j ll!nl:I'!t't n ,1\1"1:1('11 of
tho 11c)lICHI, IlImI:1\1w1ull, I'il.
A Pl'ull.mll1l\ry llaarl,Il!! \oIa" il(l\wdlllcd (ot' f)otllrnhtll' 11, 197-1 at 10:00 A,~l. but lit: tho'
r(l~uORt of Atty. R. Nal'l(l lI(Jffuut' WllU l'o!H:hodulcd (ot' ,IllIHIfU'Y 7,19111 lit 10:00 A.~t.
Alld now, JllIlUIU.Y 7,197/1, II IlUltdnt wile huld Ilt: my offj,(lD, Do fondant: WllB l'oproQ\lnted
by Atty, n. I'lm'lll Il(tffnol',
OllI01tIAL COP'/ OF '11IE TESTUIONY GIVEN AT TilE, I'HEI,IHINARY NEAllING FOH Cmll'LAINT!! tlO.,
042188, 042189, G42190 & 042194 A'l"I'ACIIED TO TIWlSCHII'T IlEARING DOCKET NO, 01.2188
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CRIMINAL COMPLAINT
[LI' JUHltUIC'Hm.. "nllf'"'' O"I"U~~14 AU"WH"]
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Mt11It.,I,1 \llthl,' Io.'.o~
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OOMPLAINT NO,0491J11I'll
70-M..~'.i.iN-, 1I\1I""fIl, 0' O'Ii"'1 "..Ill fie."...."
IJllfl,W - D" f I J J...
COMMONWULTH Of PINNSYLVANIA
I, -IRr._l'hQI"..J/,. JlIII".~._.._...
(NMIII 01 Atllanl~
Y8.
0' Ponn~~..8J;~tLl'Ql1~I..__ ,______,____,___~_
~(fr.,ij1h- ...".,.".., "' ".uJ' "/"11"'"'' -.tfl paIUIMI.uWiI"lonl
t1.'IIHD~H T (N.,.. _Iff AU""JI
..oldlnl .1 ....JI\IllUllllIl.lmL h.L_____ ._..__._._..'~
1-- 0,0.8. 10 Jun. 49
Leeter Charlol lIsntllond
PetorRbufS. p~, 1666lj
do h"eby allte under olllh or .Uhm..t1on, to lhe bul uf mv
howled.., InformlUon .nd bell.f!
(1) (i) I accuse lhe ,hove-named delendant, who IIv'l IItlhe .ddrou Rei fOllh .bove
01,
1 .OCUIe II" Individual whose nllme II unknown 10 ma but who hi described ..
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and who b1tllS the nlckn.me or popular dulln.Uon o( __._______.___
ud, lherefore, I hlye dulln.ted him her"ln .. John Ooel !
with \llolllllnl the pen.ll.w. of the Commnnwuhh o( Penn.ylyanla .t R.D.'l. AI.8!:andriL....F.L..___
(PIIlU - "f)'U/~II' .".41."/1111' :
Lonn Two, , , __ 10 _JlunllngsJgp Counly on or .bout -ll.lID..A.H...JJayuZll.J9H ,
(1/ ,b, Jill, 0' J4o; 0/ 'U,. It ." ,..,"'i41 ('/,,","r 01 01/,,," "",.,d, 'h J.~ 0' J." lIun' ., .,.cll"'."y'" 10"'"
P."lclpantl were (II Ih", u.",. ,.,I/t/,.n'., ,/4C1 Ih." 11.11I11 If"" ,.".1/,., ,Iu "".,.. 0/ "'ow J.I',III.,.l)r
Lestor Chorho Ua..nond, Oeorge Murtin Piper, Jeffery Allan Pack, Oary Edoon KUne.JuvenUn
(2) The ael. commllted by the Icr.uud wele:*Ourglary, Larceny, and Reoeivtng Stolen Proporty:
r The defandant obove "omed did unlowfully, Wilfully, feloniously and burglariouolrJ
entor into a oertein (dwelling hou.e or building) of John Uubert Kroll, R.O,#I, Alexandria,
Pa" with intent to corranit a felony thereIn. that is to 8ay;with intent to take. steal, and
carry away the goods. chattule, monies and propertie8 of John HUbert Kroll in Baid dwelling
hOllsQ (01' bul1ding)and df.d falonlo"81y Qnd wilfully steal, take and carry away from sat,d
building to wit:certain elcctL'onic equipment, Sterno sot, speakers, etc, SEE COMPLETE LIST
ATTACIIED.
AND
In thAt he did then and there feloniou81y, unjustly, and for the .ake ot' wicked 8ain. receive
and have or buy certain goods, ohattels, monies and property to wit:SEE COMPLETE LIST
ATTACIIEOIOf e total value of approximatnly $1142.94/ the defendant then olld there at tho
time well knOWing, and haVing reasonable cause to know that the goods and pl'opert.y had
been felorbu81y taken. stolen and carriod away, in violation of Section 817 of the Penna.
Penal Code.
I
aU of which were IilIRIIIII the peace and dlll'l.., of the Commonwe.lth of Pennlylvanl. lilInd contrary to the \'.
Act of Aaaembty. or In violation of 90~..807...!!~ .__ and _ ._ of the,
(::0'0"00'- r""....~jfonJ
II '
Ordinance of -___..,...,..,.., . 'J
(,..o.Wc,/'ulld..II'on, f
t or I lummona be i..uedftt:L,ttho 'C~d loquh.d 10 onow., tho chola.ol
,,19~ . _~__
(SfF '.01
Act of
1939
.
~ r 19.1..3- ' I ce.tlfy the complaint has bun operly orn 10 ud ex~cuted ~
e within QUtar.1 to bea lellponlllble person Itnlllhot therMls rob se for Ihe IlIusncei.
~ ~'/
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( ,./".".t;",.o,,'-tL- .. ~...I _ ~SEAL)
Mo\R'( ('" (ctl(uVE. J~,ti~. 0' th. ,~ ('.lft19~_RWbll [1(1'1,.. ~
M"lillu;.,1 Olll.I,! 10.'.01 JaIlU<l'Y 19781 .
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*(hl /rmh . "1I,","4'~ 01 ,1,# 14~'lf ul/id~"' 10 ,dv/u IhI d,/,"d4'" r.I,h 114/1l" 01 0,. 0/1'".., cllI~".d, In tI "(lU" UU, ".,116#, ,If,
,,,Id,"u 110' Ib, "/,UIl" ""~I'Jly jJlol."d "".1 h ~jl,J, 110' .11,..11 4 dI4/.on 01 'hi JI4'1l/r 411,.,dly ",ol",d, 6y "uti. .. fNl/ld'II', "
'" .. ..llllt",4'y (U" UI /0"" .. (114110" 01 Ib, ..,u/ll" utlio" 'n" Jllh'JlL"HOII (II Ib, 11411111 0' o,dl","CI .."",rtly "loI".I/,J I
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AND NOW, Ih!. d,I
before me, and I belley
ot pl0Ctl8a.
WAIVER
On _..____...__.197_1 i IIpJlelred be(o,e _~___~___" __."__.._~___"..~___ .
M~.llIterlll Dlslrlct ____ . who dellyered to me ft copy o( the forelolnl Complaint,
alld I hereby waive preliminary helulnl and conunl to be bound Oyel to court.
(nf'."d_"')
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