HomeMy WebLinkAbout00-06160
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GODWIN U. OBOO,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 00- (fi 1&0
CIVIL TERM
MAUREEN DALEY,
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. III
particular, you may be evicted from your residence and lose other important rights.
A hearing on this matter is scheduled on the /3ti day of September, 2000, at / / ; d?J q .m.,
in Courtroom No. !/.-. 4th Floor, Cumberland County Courthouse, 1 Courthouse Square, CarlisIE~,
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 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, ~6114. Violation may also subject you to prosecution and criminal penalties
under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this OTder is enforceable
anywhere in the United States, tribal lands, U. S, 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 U.S,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
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 Teasonable
accommodations available to disabled individuals having business befoTe the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing OT business before the court. You must
attend the scheduled conference or hearing.
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GODWIN U. OBIRI,
Plaintiff
: In the Court of Common Pleas
: of CUMBERLAND County,
: PENNSYL VANIA
v,
: Civil Action - Law
MAUREEN DALEY,
Defendant
: No, 00- b(bO
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: MAUREEN DALEY
Defendant's Date of Birth is: October 31, 1964
Defendant's Social Security Number is: 074-74-9943
Name(s) of All protected persons, including Plaintiff and minor children:
1. GODWIN U. OBIRI
AND NOW, on 8th Day of September, 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.
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2. Defendant shall be evicted and excluded from the residence at:
24 Paddock Lane, Camp Hill, 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.
3. 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 Plaintifl's schoo~ business, or 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 (temporary location):
Pennsylvania State Health Department
2635 Paxton Street
Harrisburg, PA (Swatara Township, Dauphin County)
Permanent address Plaintiff's office will relocate to:
Pennsylvania State Health Department
Pennsylvania Health & WeIfare Building
Forster & Commonwealth Avenues
Harrisburg, PA (City of Harrisburg, Dauphin County)
4. Defendant shall not contact Plaintiff; or any other person protected under this
Order, by telephone or by any other means, including through third persons,
5. Defendant shall immediately relinquish any firearms license the Defendant may
possess, and the following weapons to the Sherifl's Office or a designated local law
enforcement agency for delivery to the Sheriff's Office.
}, knives Defendant used to assault Plaintiff - may be in
custody of the East Pennsboro Township Police.
Defendant is prohibited from possessing, transferring or acquiring any other
firearms license or weapons for the duration of this order.
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6. The following additional relief is granted:
Enjoin Defendant from damaging or destroying any property owned solely
by Plaintiff.
Order Defendant to refrain from harassing Plaintiff's relatives.
7. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT
HARRISBURG POLICE DEPARTMENT
SWATARA TOWNSHIP POLICE DEPARTMENT
8. 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.
9. TIllS ORDER APPLIESIMMEDIATEL Y TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MARCH 8, 2002 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. ~6114, Consent of the PlaintifIto 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 notified that violation of this Order may subject bimlher
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
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This Order shall be enforced by the police who have jurisdiction over the plaintiffs
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs I through 5 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 Sheriffs office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weaponls 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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Judge
,p- Z 060
Date
Distribution to:
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, me.
8 Irvine Row
Carlisle, PA 17013
FAXed & Mailed to PSP
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PFAD Number: ES1133109E
GODWIN U. OBlRI,
Plaintiff
: In the Court of Common Pleas
:
: of CUMBERLAND County,
: PENNSYL VANIA
v,
: Civil Action - Law
MAUREEN DALEY,
Defendant
: No, 00- fo(~
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintifi's name is:
GODWIN U. OBIRI
2, I, (the Plaintift), am filing this Petition on behalf of
- myself
3, Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. GODWIN U. OBIRI
4, Plaintifi's Address is: 24 Paddock Lane, Camp Hill, PA 17011
5, Defendant's Name is:
MAUREEN DALEY
6, Defendant is believed to live at the following address:
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Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013
7. Defendant's Social Security Number is:
074-74-9943
8. Defendant's Date of Birth is:
October 31, 1964
9. Defendant's Place of employment is:
York Hospital, York, P A, and Holy Spirit Hospital, Camp Hill, P A
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Current or former sexual/intimate partner
12. The defendant has been involved in a criminal court action.
13, The facts of the most recent incident of abuse are as follows:
On about Wednesday, August 23, 2000
location: 24 Paddock Lane, Camp Hill, Cumberland County, PA
On or about August 23, 2000, after an argument with Plaintiff, Defendant
returned to the room, approached Plaintiff holding two knives behind her back,
and stabbed him several times in the stomach and twice in the neck. Plaintiff left
the residence and WCIlt to a neighbor's home for help. Plaintiff was taken to Holy
Spirit Hospital for medical treatment, but due to the severity of his injuries, was
ftown to Hershey Medical Center by LIFELion helicopter for emergent:)' surgery.
Plaintiff remained at Hershey Medical Center for approximately 4 days recovering
from surgery related to his injuries.
On or about August 25, 2000, Defendant was arrested by East Pennsboro
Township Police and charged with attempted homicide and aggravated assault
and placed in Cumberland County Prison where she remains on $175,000 bail.
Defendant telephoned Plaintiff directly and through several mutual friends of the
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parties tQ ask that he nQt pursue punishment Qf her through the criminal process.
In addition, Defendant has also made several telephone calls to Plaintiff's relatives.
14. The Defendant has used, or threatened to use, the following weapon(s) against the
Plaintiff or the minor child/ren:
a. knives Defendant used to assault Plaintiff - currently in custody
ofthe East PennsbQro Township Police as evidence in the case
15. The police department(s) or law enforcement agencies that should be provided with a
copy of the protection order are:
EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT
HARRISBURG POLICE DEPARTMENT
SWATARA TOWNSHIP POLICE DEPARTMENT
16, There is an immediate and present danger of further abuse from the Defendant.
17. Plaintiff is asking the court to evict and exclude the Defendant from the following
residence:
24 PaddDck Lane
Camp Hill, Pennsylvania
Owned By:
Godwin U. Obiri
18. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described
above. Those losses are:
any and aR medical expenses (including emergency transPQrtatiQn costs) incurred
which are not reimbursed by Plaintiff's medical insurance for treatment of injuries
he sustained as a result of the incident which occured Dn or about August 23, 2000,
cost tQ change the locks on his residence, cost tD clean blQod stains from carpet and
waRs, Plaintiff's IQst wages, CDSts for hiring persons tQ maintain Plaintiff's
residence during his hospitalizatiQn and recovery, and the return of Plaintiff's
garage dQor opener or the replacement CQst Qf a new control.
19. 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, Evict/exclude Defendant from Plaintifi's residence and prohibit
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Defendant from attempting to enter any temporary or pennanent
residence of the Plaintiff.
c, 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,
d, 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.
e, Order Defendant to temporarily turn over weapons to the Sheriff of
this County and prohibit Defendant from transferring, acquiring, or
possessing any such weapons for the duration of the Order,
f Direct Defendant to pay Plaintiff for the reasonable financial losses
suffered as the result of the abuse, to be determined at the hearing.
g, Order Defendant to pay the costs of this action, including filing and
service fees,
h, Order the following additional relief, not listed above:
Enjoin Defendant from damaging or destroying any property
owned solely by Plaintiff.
Order Defendant to refrain from harassing Plaintiff's relatives.
Order Defendant to pay $250.00 to reimburse one of Legal
Services, Inco's funding sources toward the cost oflitigation in
this case.
1. Grant such other relief as the court deems appropriate,
j, 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,
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YERIFICA TION
I verifY that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are tTUe 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.
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Dated:
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Godwin U, Obiri, Plaintiff
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09/08/00 FRI 14:42 FAX 717 240 6573
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CUMB CO PROTHONOTARY rX> - c; 1(, ()
141001
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TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS.
RESULT
2151
92438026
09/08 14: 39
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09/08/00 FRI 14:26 FAX 717 240 6573
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..* TX REPORT ...
*********************
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS.
RESULT
2149
92490779
09/08 14: 21
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TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS.
RESULT
2150
92405331
09/08 14:33
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-06160 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
OBIRI GODWIN U
VS
DALEY MAUREEN
TREVOR KENT
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
DALEY MAUREEN the
DEFENDANT , at 0016:00 HOURS, on the 8th day of September, 2000
at CUMBERLAND COUNTY PRISON
1101 CLAREMONT ROAD
CARLISLE, PA 17013
by handing to
MAUREEN DALEY
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING & ORDER, TEMPORARY
PROTECTION FROM ABUSE ORDER, PETITION
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10.00
.00
31. 10
So Answers: v::;,.d'
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R. Thomas Kline
09/11/2000
Sworn and Subscribed to before
By:
~o(( 4,
Deputy Sheriff
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rothonotary
GODWIN U. OBIRI,
Plaintiff
vs.
MAUREEN DALEY,
Defendant
AND NOW, this
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-6160 CIVIL
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
ORDER
I Z .. day of September 2000, on agreement of counsel, hearing
in the above matter is continued with the understanding that the temporary protective order dated
September 8, 2000, shall remain in full force and effect.
Joan Carey, Esquire
For the Plaintiff
George Matangos, Esquire
For the Defendant
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BY THE COURT,
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GODWIN U. OBIRI,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
v.
MAUREEN DALEY,
Defendant
Civil Action- Law
No. 00-6160
PROTECTION FROM ABUSE
ORDER
AND NOW, this 13~' day of October, 2000, pursuant to the victim's request to' evict the
Defendant, as stated in the TEMPORARY PROTECTION FROM ABUSE ORDER signed by
this Court on September 8, 2000, it is hereby ORDERED and DECREED that the Defendant
remove the personal belongings on the attached list from the victim's residence, 24 Paddock
Lane, Camp Hill, Cumberland County, Pennsylvania, according to the following conditions:
1. Personnel of the moving company of the Defendant shall be permitted to be at the
victim's residence, 24 Paddock Lane, Camp Hill, PA 17011, on Saturday, October
14,2000, from 9:00 a.m. until 5:00 p.m. for the specific purpose of removing the
listed personal items of the Defendant or her son from the residence.
2. The Defendant is specifically precluded from the residence/property listed above.
3. Upon removal of the personal property, all moving personnel of the Defendant
will immediately vacate the premises.
A. Hess, Judge
Distribution: }
George H. Matangos, Attorney at Law
Michael Ferguson, Attorney at Law
Joan Carey, Attorney at Law
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OCT-12-2000 THU 09:16 AM BUREAU OF EPIDEMIOLOGY FAX NO. 7726975
SENT a~: VIC\IM WITNESS; 10. 5. 0 9:12; 717 240 7905 _>
Oet Q~ 00 04,QSp COSTOPOLOUS,'FOST!R, FIEL 1717J?SI-i031
p, 04
7726975; #3/5
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Willi,m C. C:oslopoul05
Dovid ,. Fosler
J"..lie M. fields
G~OfIP H. Mae:mgos
E<.I....d W. H'KOT
COSTOPOULOS, FOSTER & FlELDS
ATTORNEYS AN]) COUNSEI,ORS AT I,A W
8~ I MARKET STREET
P.o.. BOX 222
LEMOYNE, PENNSYL V ^NIA 17043
Tetopbonc .,bl.2III
AT.. cod.?.,
F.. 761-40ll
Oelobc:r 3. 2000
Michael Ferguson, Esquire
Deputy Di.trlct AU<>TQey
Cumberllllld CO\U1ty Courthouse,
One Counhouse Square;
Carlisle. PA 17013
Dcar~
Here is Ihc list ofpropelly from M.s. Daley. We an,; not able to say wlth certainly thai this
is all of her and her san's property, however, we beliove;1 to b. substantially co~L
&611'1 ~om
Everything
SOD'. Balbroom
Everything
Showercurtains,rod.,drapea
r able with S (llass shelves
Pictures on walls
Rug.~
,
God..,,"*, omf~
Ms. Daley's Clothing in eloS<:'1
Vacuum Cleaner
Towels
Ca.'l'. Room
2 Night Tables
Chesl of Drawers
All clothiue and NUIllina things (incl. Blood l'r""ur~ cuffs)
Bedding, ""nd'orter. _beels
Conlulncl'll
1,ID"1I clo.el
All Iowels &lid $heets, exceplllt. Reach towel, 11'ink towel, J sob of sheets, I new eomful1.er
sel (green and burgu1ldy)
Bluo CIl.l'hIius and White eur111in~
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OCT-12-2000 THU 09:16 AM BUREAU OF EPIDEMIOLOGY FAX NO. 7726975
SENT BY.: VICTIM WITNESS; 10. 5- 0 9: 13; 717 240 7605 m>
Uot D~ DO 04:0Sp r.OSTOPOlOUS,.FOGT~R, FIEL (71717GI-40JI
H.1l elolet Oil 2"0 DooL
Vacl1Um bags
c~s.sboes,81ovcS
RUll
Potpomi
IlIlJiRlIl.Illlt
Almond washer and dryer
Boxes and laundry baskets (except one bl~e one)
Christmas UllhlS lIIJd dccorntjQJ1S (wreall,s, clIIIdles, ele) in boxes
Christmas tree
HaUoween dee,oralions
2 Coolers
Duckets
Plastic conlaincJ1'
Vacuum cleaner
Portable bsng1l'1g r8Qks
Ironing board
Irons
RllgS
2 tv's IiIld VCR, ~ames, bike, and \lQsdmill
IlmDu.talrs omce
Computer desle
Printer and i!IX
Computer, chair
Water CClolcr
Stereo set
Living ruom set
2 Bnd,lablca and cocktail \able
Containers & items in closet
Wall unit and video lapes and 3lbllms
Phones dllWlllitflin
New I>hones npstain on 2'd fioor
Phones in bedroom and office on 3" floor
Famllv Room
Lalnps
TV, VCR, gRIMS
Decorative Things
Flowers on fireplace, picture on w:lll
PoWdl!r Rnum
Everything <In wall.. und.. ,In\<. and on 1100r.
Godwin's Balb,tllm
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7726975; /14/5
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OCT-12-2000 THU 09:16 AM BUREAU OF EPIDEMIOLOGY FAX NO, 7726975
SENT BY" VI~TJM WITNESS; 10. 5- 0 9:13) 717 240 7805 _>
UU~ U~ VU U':U6p C ST
o OPOlOUS, -FOSTE~, FIEL (7171761-4031
Clock
Orap~~
Pic~ on wall
I...hrllll! R60m
Livini room set with side ohairs
Planls, pots
Artificial flowers & stand
Hig flower lIITansemotll.
~ tallIes, orlont81 nlg.
Long oriental rUll upstairs
Oriental rug at front door
Camcorder on wall unil
IJook and other ilemH inside w-J.!l unit.
kitchen
Phone, Bakers Rack at window
Cell phonell, cell phone charger, clln1eras
Everything 01'1 b/lllCIll rack
Omaga OOIllalner In kitchen
Fool stool
Hread maker
Oinintz Rooln
8veJ)'thing In Dining n><>ID
Plants, stands
Tables, chairs, clock
Comer hutch
Sen'1lI'
$tnall bakers rack
Dctorative floral arrangement.
Oubldel pat"~e
Shelves with sbot.ll, green 5.6 sluM
Mops, Broomll, Rake, Snow Blower wilh Eloolrical cords
Hose with container
2 Ilnopened boxes
2 Garbage containers ,
Shovels, ganlening ulensils
Small Iv
Dctk chllirs and cushiQlIS, 2 Rocker chairs
l small table
1 beach chair
Basketball stUff
2 Ilikes
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P. 06
7728975; #515
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