HomeMy WebLinkAbout00-06400
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ANDREA DEE SHUMAKER,
for herself and on behalf of her minor child:
BRIANNA VIOLA SHUMAKER,
Plaintiffs
: IN TIIE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
: NO, 00- ui-/CX)
CIVIL TERM
JOHN WILLIAM ARNETT,
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HA VB 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,
rt"-.
A hearing on /this matter is scheduled on the ~7 day of September, 2000, at 'I :a:I...m., in
Courtroom Nu_, 4th Floor, Cumberland County Courthouse, 1 Courthouse Sq~rlisle,
Pennsylvania.
Yau MUST obey the Order that is attached until it is modified or tenninated by the court after notice
and hearing, If you disobey this Order, the police may arrest you, Violation of this Order may subject you
to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000,00 and/or up to six
months in jail under 23 Pa,C, S, ~6114, Violation may also subject you to proserotion and criminal penalties
under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable
anywher(l 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 camiot 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 C\Ullber1artd Coimty is required by law to comply with the Americans with
Disabilities Act of 1990, For information about accessible filcilities and reasonable accommodations available to
disabled individuals having business before the court, please contact our office, All arrangements must be made at
least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing,
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ANDREA DEE SHUMAKER,
for herself and on behalf of her minor child:
BRIANNA VIOLA SHUMAKER,
Plaintiffs
: In the Court of Common Pleas
: of CUMBERLAND ^County,
: PENNSYL VANIA
v,
: Civil Action - Law
.
: No, 00- (, '100
JOHN WILLIAM ARNETT,
Defendant
: Protection From Abuse
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: JOHN WILLIAM ARNETT
Defendant's Date of Birth is: February 22, 1962
Name(s) of All protected persons, including Plaintiff and minor children:
1. ANDREADEESHUMAKER
2, BRIANNA VIOLA SHUMAKER
AND NOW, on 19th 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,
II
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2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other
person protected under this Ordllr, at any location, including but not limited to any
contact at Plaintiffs 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 temporary residence:
;31 South 18th Street
Camp HilII, Pennsylvania
Pla.intiff's mother's residence:
40 South 18th Street
Camp Hill, Pennsylvania
Minor child's school:
Washington Heights Elementary School
7th & Walnut Street
Lemoyne, Pennsylvania
3. The following additional relief is granted:
Defendant is prohibited from having any contact with Plaintiff's child listed
in this Petition and/or Plaintiff's relatives.
Defendant is ordered to refrain from harassing Plaintiff's child and/or
relatives.
Defendant is enjoined from damaging and/or destroying any property owned
solely by Plaintiff.
4. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
WEST SHORE REGIONAL POLICE DEPARTMENT
CAMP HILL POLICE DEPARTMENT
5. 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.
II
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6. TIllS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MARCH 19,2002 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 in jail. 23 Pa.C.S. ~6114, Consent of the Plaintiff to 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 himlher
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 U.S,C. ~~2261-
2262,
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiff's
residence OR any location where a violation of this order occurs OR where the
defendant may be located. Ifdefendant violates Paragraphs I through2 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 Sheriff's office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weapon/s are evidence of a . e, in which
case, they shall remain with the law enforcement agency c made the
arrest.
B
OPL ~ - )r4/1C'f I
r?- 19--d j)
Date
Distribution to:
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC,
II
8 Irvine Row
Carlisle, PA 17013
FAXed & Mailed to PSP
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PF AD Number: US 1137S09H
ANDREA DEE SHUMAKER,
for herself and on behalf of her minor child:
BRIANNA VIOLA SHUMAKER,
Plaintiffs
: In the Court of Common Pleas
: of CUMBERLAND County,
: PENNSYL VANIA
v.
: Civil Action - Law
.
: No. 00- /, If(Ji>
JOHN WILLIAM ARNETT,
Defendant
: Protection From Abuse
PETITION FOR PROTECTION FROM ABUSE
I, Plaintifl's name is:
ANDREA DEE SHUMAKER
2. I, (the Plaintiff), am filing this Petition on behalf of:
- myself
- and as Parent of minor Plaintiff(s)
3, Name(s) of ALL person(s), including minor children, who seek protection from abuse,
a. ANDREA DEE SHUMAKER
b. BRlANNA VIOLA SHUMAKER
4, Plaintifl's Address is: 31 South 18th Street , Camp Hill, PA 17011
5, Defendant's Name is:
JOHN WILLIAM ARNETT
II
6 Defendant is believed to live at the following address:
433 Hummel Avenue, Rear Apartment, Lemoyne, PA 17043
7 Defendant's Date of Birth is:
February 22, 1962
8, Defendant's Place of employment is:
unemployed
9. Defendant is an adult.
10, The relationship between the Plaintiff and the Defendant is:
Current or former sexual/intimate partner
11, The following other minor child/ren presently live with Plaintiff:
a, BRIANNA VIOLA SHUMAKER
Age: 6 yrs. old
The Plaintifl's relationship to this child is:
Mother
12. The facts of the most recent incident of abuse are as follows:
On about Friday, September 01, 2000
location: 433 Hummel Avenue, Rear Apartment, Lemoyne, Cumberland County,
PA
On or about September 1, 2000, Defendant shoved Plaintiff onto the bed, pushed
her face into the mattress, tied her hands behind her back and her ankles together,
tied her feet and hands together in a "hog-tied" position, and left the residence.
Plaintiff's 6-year old daughter, Brianna, awoke and cut the rope binding Plaintiff.
Fearing for their safety, Plaintiff and her child remained in the bedroom for
several hours. When Plaintiff and Brianna went to the kitchen, Defendant had
taped the refrigerator closed to prevent them from getting any food. Fearing for
their safety, Plaintiff took her child and left the residence to avoid further abuse.
Plaintiff sustained bruising about her arms and legs as a result of this incident.
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13, Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
child/ren, (including amy threats, injuries, or incidents of stalking) are as follows:
On or abollt August 31, 2000, Defendant argued with Plaintiff, grabbed her by the
arms, shoved her agltinst the wall, restrained her by holding her arms, and
threatened her saying, "I'll get you later."
On or abollt August iZ9, 2000, Defendant tied Plaintiff and her daughter together
and tied them to a chair. Defendant barricaded the only door to the second floor
gar~ge apartment frem the outside, and removed the telephone so Plaintiff could
not get out or calI fo~ help. Later when he returnetiI, Defendant threatened to
barricade himself, PIBintiff, and her child inside the apartment and buru it down.
On or about August 28, 2000, Defendant yelled at Plaintiff and argued with her,
causing her to fear for her safety and that of her. child. When Plaintiff tried to
open the window to call out for help, Defendant shut the window, told her that she
could not leave, and nailed the windows in the apartment closed to prevent
Plaintiff and her daughter from getting out.
In or about July 2000, Plaintiff's daughter Brianna sustained bruising about her
leg and bruising and; swelling about her eye aftei- Defendant claimed he was
"horseing around" with the child.
In or about late June 2000, Defendant told Plaintiff that he was angry because she
and Brianna focused too much attention on the child's 10-week-old kitten, and in
front of Plaintiff and Brianna, picked the kitten up by its tail, swung it around in
circles, threw it up iu the air several times, and threw it against the wall. The
kitten sustained injuries to its hips and legs as a result of this incident which have
crippled it.
14, The police department(s) or law enforcement agencies that should be provided with a
copy of the protection order are:
WEST SHORE REGIONAL POLICE DEPARTMENT
15, There is an immediate and present danger of further abuse from the Defendant,
16. 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,
II
Date:
~ ~.
b. Prohibit Defendant from having any contact with Plaintifl's 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,
c. Order Defendant to pay the costs of this action, including filing and
service fees.
d, Order the following additional relief, not listed above:
Order Defendant to refrain from harassing Plaintiff's relatives.
Enjoin Defendant from damaging or destroying any property
owned solely by Plaintiff.
Order Defendant to pay $250.00 to one of Legal Services, Inc. 's
funding sources as reimbursement for litigation in this case.
e, Grant such other relief as the court deems appropriate,
f Order the police or other law enforcement agency to serve the
Defendant with a copy of this Petition, any Order issued, and the
Order for Hearing, The petitioner will inform the designated authority
of any addresses, other than the Defendant's residence, where
Defendant can be served,
Respectfully submitted,
q /; 1 /o-rJ
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o Carey, Attorney fi Plaintiff
LEGAL SERVICES, JNe.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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VERIFICATION
I veruy that I am 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: q- 15" - OD
~.tJJW ~~kd1
Andrea Dee Shumaker, Plaintiff
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-06400 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHUMAKER ANDREA LEE
VS
ARNETT JOHN WILLIAM ET AL
ROBERT L. FINK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
ARNETT JOHN WILLIAM
the
DEFENDANT
, at 0014:35 HOURS, on the 21st day of September, 2000
at 433 HUMMEL AVE
REAR (GARAGE) APT
LEMOYNE, PA 17043
by handing to
JOHN WILLIAM ARNETT
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING & ORDER, TEMPORARY
PROTECTION FROM ABUSE ORDER
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.92
.00
10.00
.00
37.92
So Answers:
r~~
R. Thomas Kline
09/22/2000
Sworn and Subscribed to before
me this ;(1) 't: day of
,J(.,~- 2crvv A.D.
O~. O. ~ <411
rothonotary
~~~
BY:. . .' V
Depu Sfierif
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ANDREA DEE SHUMAKER,
for herself and on behalf of her minor child:
BRIANNA VIOLA SHUMAKER,
Plaintiffs
: In the Court of Common Pleas
: of CUMBERLAND County,
: PENNSYLVANIA
v.
: Civil Action - Law
JOHN WILLIAM ARNETT,
Defendant
: No, 00-6400
: Protection From Abuse
ORDER TO DISMISS
AND NOW, this: 27th Day of September, 2000, upon Plaintifl's motion to withdraw
or discontinue this action,
1. This matter is dismissed without prejudice,
2. Costs of this proceeding are waived,
..
Distribution to:
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC, I d or.d- 00.
g Irvine Row /l ~ re~ f1() I IlJ d)
Carlisle, P A 17013 UJf () -00 .fC.
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433 Hummel Avenue, Rear Apt.
Lemoyne, PA 17Q43
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ANDREA DEE SHUMAKER,
for herself and on behalf of her minor
child: BRlANNA VIOLA SHUMAKER,
Plaintiffs
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVll., ACTION - LAW
vs,
:NO, 00-6400 CIVIL TERM
JOHN WILLIAM ARNETT,
Defendant
:PROTECTION FROM ABUSE
PETITION TO V ACA TE ORDER
AND WITHDRAW ACTION
Plaintiff, Andrea Dee Shumaker, by and through her attorney, Joan Carey of Legal Services,
Inc" requests that the Court vacate the Temporary Protection From Abuse Order in the above-
captioned case and that the action be withdrawn on the grounds that:
1, A Petition for Protection From Abuse wasfiled and a Temporary Protection From Abuse
Order was issued by this Court on September 19, 2000, scheduling a hearing for
September 27, 2000, at 4:00 p,m, before Judge Hoffer in Courtroom No, 3 of the Cumberland
County Courthouse, Defendant was served with a certified copy of the Notice of Hearing,
Temporary Protection From Abuse Order and Petition for Protection From Abuse on September 21,
2000, at 2:35 p,m. at his residence at 433 Hummel Avenue, Rear Apartment, Lemoyne, P A.
2, The parties are in the process of reconciling their differences.
3. Plaintiff requests that the Temporary Protection From Abuse Order be vacated and the
action withdrawn without prejudice to her,
WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order,
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and that the action be withdrawn without prejudice to Plaintiff.
Oan Carey, Attorney fI Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
VERIFICATION
I verify that I liftl the Petitioner as designated in the present action and that the facts and
statements contained itt. 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: --11 d'/ 0 D
(}VlC~ $).~
Andrea Dee Shumaker, Plaintiff
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CENTRAL PROCESS
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OFFICE OF TIiE PROI'HONCYl'ARY
CUMBERLAND CCXJNTY CClUR'rnaJSE
ONE axJRTHOOSE SQUARE
CARLISLE. PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
TO:
Cef\tra...\.. ?r-ocess v. I
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PA STATE POLICE
A TELECOPIER
FAX #:
717-249-0779
ffiOM: CURTIS R. LONG
RE: PFA ORDERS
MESSAGE:
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