HomeMy WebLinkAbout00-08378
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ROXANN TAYLOR,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 2000- '%31~ CIVIL TERM
THURREL LAMONT TAYLOR,
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. In particular, you may be evicted from your residence and lose other
important rights.
AHEARING ON TillS MATTER IS SCHEDULED ON ~ / /, ,lDI,AT
(rh 3 d n.M., IN COURTROOM NO.,J OF THE CUMBERLAND
COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA.
You MUST obey the Order that is attached until it is modified or terminated by the court
after notice and hearing. If you disobey 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. 96114. Violation may also subject you
to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18
D.S.C. 92265, this Order 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. 92261-2262.
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 fmd
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 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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Roxarui Lavern Taylor
: IN THE COURT,OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
v.
Thurre1 Lamont Taylor
Defendant
.
: No. '00- 8~'l~
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
.
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Thurrel Lamont Taylor
Defendant's Date of Birth is: August 8,1958
Defendant's Social Security Number is: 228-90-9286
N ame( s) of All protected persous, including Plaintiff and minor children:
1. Roxann Lavern Tay~
AND NOW, on ~).-. \ upon consideration of the attached Petition for
Protection from buse, 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.
2. 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 Plaintiffs school, business, or place of employment. Defendant
is specifically ordered to stay away from the following locations for the duration
of this order.
Any residence or future place of employment Plaintiff may establish.
3. Defendant shall not contact Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
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4. Defendant shall immediately relinquish any firearms license the Defendant may
possess, and the following weapons to the Sheriff's Office or a designated local
law enforcement agency for delivery to the Sheriffs Office.
I. any and all fIrearms and/or weapons, specifically
including, but not limited to, a handgun.
Defendant is prohibited from possessing, transferring or acquiring any other
firearms license or weapons for the duration of this order.
S. The following additional relief is granted:
The Cumberland County Sheriffs Department shall attempt to make service
at Plaintiff's request and without pre-payment of fees, but service may be
accomplished under any applicable Rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and forwarded
to the Sheriff for service. The Prothonotary shall not send a copy of this
Order to Defendant by mail.
Law enforcement agencies, human service agencies and school districts shall
not disclose the presence of Plaintiff in the jurisdiction or district or furnish
any address, telephone number, or any other demographic information
about Plaintiff.
This Order shall remain in effect until modified or terminated by the Court
and can be extended beyond its original expiration date if the Court f"mds
that Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
Defendant is required to relinquish to the sheriff any firearm license
Defendant may possess. Defendant's weapons and firearm license may be
returned at the expiration of the Protection Order after Defendant has
submitted a written request to the Court for the return of the weapons and
the Court has notified Plaintiff of the request and given Plaintiff an
opportunity to respond. A copy of this Order shall be transmitted to the chief
or head of the police department of Carlisle and the sheriff of Cumberland
County.
Defendant shall refrain from harassing Plaintiffs relatives.
Defendant is enjoined from damaging or destroying any property owned by
Plaintiff.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Carlisle Police Department
Harrisburg Police Department
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7. 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.
8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL JUNE 1, 2002 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY THIS 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. 96114. 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.
il6ll3. Defendant is further notified that violation ofthis Order may subject him/her
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 D.S.C. il92261-
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. If defendant violates Paragraphs I through 4 of this
Order, defendant shall be arrested on the charge oflndirect 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 crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
Judge
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Distribution to:
Legal Services
Faxed & Mailed to PSP
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PFAD Number: TXl165605J
Roxann Lavern Taylor
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: No. '00- ~3'1~
Thurrel Lamont Taylor
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
Roxann Lavern Taylor
2. I, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Roxann Lavern Taylor
4. Plaintiffs address is
confidential
5. Defendant's Name is:
Thurrel Lamont Taylor
6. Defendant is believed to live at the following address:
Cumberland County Prison, 1101 Claremont Road, Carlisle, P A 17013
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7. Defendant's Social Security Number is:
228-90-9286
8. Defendant's Date of Birth is:
August 8, 1958
9. Defendant is an adult.
10. The relationship between the Plaintiff and the Defendant is:
Spouse
II. The defendant has been involved in a criminal court action.
12. The facts of the most recent incident of abuse are as follows:
On about Monday, November 20, 2000 at approximately 7:30AM
location: 3471/2 West Penn St., Carlisle
On or about November 20, 2000, Defendant jumped on Plaintiff, punched her in
the head and face, and kicked her in the head and arms. Defendant threatened
Plaintiff by screaming at her that he was going to kill her, causing her to fear for
her safety. When Plaintiff attempted to call the police, Defendant pulled the phone
out of the wall. Plaintiff fled the residence, ran to a neighbor's house, alid called
the police. Plaintiff suffered bumps on her head, and bruises on her arms,
shoulders, and chest. She' had an injured lip and a cut on her hand. The Carlisle
police arrested Defendant and charged him with assault and battery, terroristic
threats, trespass, and burglary.
13. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
child/ren, (including any threats, injuries, or incidents of stalking) are as follows:
On or about November 19,2000, Defendant knocked on Plaintiff's door and
Plaintiff would not let him in. Defendant threw a rock through Plaintiff's window
and fled. Plaintiff called the police and they made a report.
On or about November 18, 2000, Defendant broke two windows out of Plaintiff's
apartment to gain entry. When Plaintiff returned home, she found Defendant in
her residence.
For approximately three years, Defendant was incarcerated and released in July
2000.
In or about 1996/97, Defendant stated to Plaintiff he had thought about killing her
and killing himself. Defendant told Plaintiff he held a gun to her head as she slept
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causing her to fear for her life.
In or about 1995/96, Defendant punched and kicked Plaintiff and dragged her
across the ground.
In or about the early 1990's, Defendant punched and kicked Plaintiff.
From approximately 1990 until the present, Defendant has abused Plaintiff in
ways including the following: slapped, punched, and kicked her. On several
occasions Defendant threatened that he would kill her before he lets her leave him,
causing her to fear for her life.
14. The Defendant has used, or threatened to use, the following weapon(s) against the
Plaintiff or the minor child/ren:
a. any and all fIrearms and/or weapons, specifically including, but
not limited to, a handgun.
15. The police department(s) or law enforcement agencies that should be provided with a
copy of the protection order are:
Carlisle Police Department
Harrisburg Police Department
16. There is an innnediate and present danger of further abuse from the Defendant.
17. 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. 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.
c. 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.
d. Order Defendant to pay the costs of this action, including filing and
service fees.
e. Order the following additional relief, not listed above:
Defendant shall refrain from harassing Plaintiff's relatives.
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Defendant is enjoined from damaging or destroying any
property owned by Plaintiff or jointly by the parties.
Defendant shaD pay $250.0010 one of Legal Services, Inc.
funders as reimbursement for litigation in this case.
f. Grant such other relief as the court deems appropriate.
g. Order the police or other law enfurcement 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,
Date: 12::.[ d,Od
~~~~,~
Philip Briganti
Attorneys for Plaintiff
Legal Services, Inc.
8 Irvine Row
Carlisle, P A 17013
Distribution to:
-Legal Services
-Fax and Mail PSP
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VERIFICATION
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 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:
//-0<,;;- de)
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12/0L/OO' FRI t5:51 FAX 717 240 6573
CUMB CO PROTHONOTARY
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141001
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*** MULTI TN REPORT ***
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[ 01l9p2405331
[ 03]9p2438026
[ 04]92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
ERROR
,
OfFICE OF THE PRarHCN)TARY
CUMBERLAND axJN'I"{ COlIR'lllOOSE
ONE CXXJRTHOOSE SQUARE
CARLISLE. PA. 17013-3367
TO:
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PA STATE POLICE
(717) 240-6195
FAX (717) 240-6573
V I ATE LEe 0 PIE R
FAX #:
717-249-0779
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FRG1:
CURTIS R. LONG
fIE:
PFA ORDERS
MESSAGE:
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.------ .
This ~ is intH1kl Olly fur:' liE lEE] of tte irdiv:idLBl cr a"ltity tu W:ridl is is cOl. ". a'd rrny
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08378 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TAYLOR ROXANN
VS
TAYLOR THURREL LAMONT
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within TEMPORARY PROTECTION FROM was served upon
TAYLOR THURREL LAMONT
the
DEFENDANT
, at 0015:30 HOURS, on the 1st day of December, 2000
at CUMBERLAND COUNTY PRISON
1101 CLAREMONT RD
CARLISLE, PA 17013
by handing to
THURREL L. TAYLOR
a true and attested copy of TEMPORARY PROTECTION FROM together with
ABUSE ORDER, PETITION FOR PROTECTION FROM ABUSE,
NOTICE OF HEARING & ORDER
and at the same time directing His attention to the contents thereof.
Additional Comments
DEFENDANT STATED THAT HE HAS NO WEAPONS
Sheriff's Costs:
Docketing
Service
Aff idavi t
surcharge
So Answers:
18.00
3.10
.00
10.00
.00
31. 10
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R. Thomas Klin
12/04/2000
Sworn and Subscribed to before By:
me this )ye day of
~ d-b7iV A.D.
n 'U f) ~ AP..z;-
~ Prothonotary~
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Roxann Lavern Taylor
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: No. 00-8378
Thurrel Lamont Taylor
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: ThurreI Lamont Taylor
Defendant's Date of Birth is: August 8,1958
Defendant's Social Security Number is: 228-90-9286
Name(s) of All protected persons, including Plaintiff and minor children:
1. Roxann Lavern Taylor
AND NOW, ..I).c.c...{ \~ ~ court having jurisdiction over the
parties and the subject-matter, it is ORDERED, ADJUDGED and
DECREED as follows:
Upon agreement of the parties for the entry of a consent order, this order
will be entered without any admission ofliability by the defendant and
without a finding of abuse by this court:
.
Plaintiffs request for a fmal protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any
other protected person in any place where they might be found.
2. Defendant is prohibited from having ANY CONTACT with the
Plaintiff, or any other person protected under this Order, at any
location, including but not limited to any contact at Plaintiffs school,
business, or place of employement. Defendant is specifically ordered to
stay away from the following locations for the duration of this order.
Any residence or future place of employment Plaintiff may
establish.
3. Defendant shall not contact the Plaintiff, or any other person protected
under this Order, by telephone or by any other means, including
through third persons.
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4. The following additional relief is granted as authorized by g6108 of the
Act:
Defendant is enjoined from damaging or destroying any property
owned by Plaintiff.
Defendant and Plaintiff agree that Plaintiff will deliverUefendant's
personel belongings to the residence of Cindy Brooks.
Defendant shall not own, possess, or transfer any weapons for the
duration ofthis Order.
The court costs and fees are waived.
5. A certified copy of this Order shall be provided to the police
department where Plaintiff resides and any other agency specified
hereafter:
Carlisle Police Department
Harrisburg Police Department
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST
ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH
IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL
SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. g61l4.
VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND
CRIMINAL PENAL TIES UNDER THE PENNSYLVANIA CRIMES
CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE
DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES
AND THE COMMONWEALTH OF PUERTO RICO UNDER THE
VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. S2265. IF YOU
TRAVEL OUTSIDE OF THE ST ATE AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL
CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C Sg226l-
2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE
ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION
AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE
GUN CONTROL ACT, 18 U.S.C. S922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
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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, shall enforce this order. An arrest for violation of
Paragraphs 1 through 3 of this order may be without warrant, based soley
on probable cause, whether or not the violation is committed in the
presence of the police. 23 Pa.C.S. ~6l13.
Subsequent to arrest, the police officer shall seize all weapons used or
threatened to be used during the violation of the protection order or during
prior incidents of abuse. The shall maintain possession of the weapons
until further order of this Court.
When the defendant is placed under arrest for violation of this order, the
defendant shall be taken to the appropriate authority or authorities before
whom defendant is to be arraigned. A "Complaint for Indirect Criminal
Contempt" shall then be completed and signed by the police officer OR
the plaintiff. Plaintiffs presence and signature are not required to file the
complaint.
If sufficient grounds for violation of this order are alleged, the defendant
shall be arraigned, bond set and both parties given notice of the date of the
hearing.
~
If entered pursuant to the consent of Plaintiff and Defendant:
Thurrel Ta lor
Pro Se Defendant
David Lopez, Attor
Legal Services, In
8 Irvine Row
Carlisle, PA 17013
or Plaintiff
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12/14/00 THV 14:05 FAX 717 240 6573
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CUMB CO PROTHONOTARY
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**********~*'**************
*** MULTI TN REPORT ***
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TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2341
ERROR
( 01J9p2405331
( 03J9p2438026
[ 04J92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
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Of'F1CE OF' THE PROTH(N)1'ARY
CUMBERLAND axJNfY COURWOOSE
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ONE C<XJRTHOUSE 9QUARE
CARLISLE, PA. 17013-3387
(717) 240-6195
TO:
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V I ATE L E COP I E R
CURTIS R. LONG
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MESSAGE :
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