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APRIL K. BERZINEC,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOCKET NO. DI- ,.;l7t~ C~, i ~~
PROTECTION FROM ABUSE
GREG G. BERZINEC,
Defendant
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.
A J:!eafjng on the matter ~eduled for the t 17 day of ~,
2001, at~., in CourtroomJ!.at 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 U.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. 992261-2262.
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, PA 17013
(717) 249-3166
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APRIL K. BERZINEC,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. CJ/- :nf'l ~ I ~
v.
GREG G. BERZINEC,
Defendant
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE ORDER
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AND NOW comes the Plaintiff, by and through her attorneys, the Offic&ff{of j:
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Fenstermacher and Associates, P.C., and files this Petition for Protection Fr@tf.bLiSe,
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as follows: jfiC;i .
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Plaintiff is April K. Berzinec, Social Security Number 192-58-513~ boffl
1.
May 25, 1963.
2. Plaintiff files this Petition for Protection from Abuse on behalf of herself.
3. Plaintiffs address is 5124 Erb's Bridge Road, Mechanicsburg,
Cumberland County, PA 17050.
4. Defendant, Greg G. Berzinec, Social Security Number 169-44-6818, born
November 8,1960, resides at 5124 Erb's Bridge Road, Mechanicsburg, Cumberland
County, PA 17050.
5. Plaintiff is an employee of Scottie's Beef and Reef Restaurant, 710 West
Main Street, Mechanicsburg, Cumberland County, PA 17055, and Defendant works at
the offices of Rite Aid Corporation, Simpson Ferry Road, Windsor Park Shopping
Center, Lower Allen Township, Cumberland County, PA 17011.
6. Plaintiff and Defendant are married.
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7. The Defendant is not currently involved in any criminal court action.
However, the most recent domestic violence incident has been reported to the
Hampden Township police.
8. The following facts detail the most recent incident of abuse:
Approximate Date: April 29, 2001
Approximate Time: 11 :00 a.m.
Place: Plaintiff's residence at 5124 Erb's Bridge Road, Mechanicsburg,
Cumberland County, PA 17050
Defendant threatened Plaintiff and body slammed Plaintiff in the marital
home, then spit on the Plaintiff, and thereafter verbally abused Plaintiff.
9. For many years in addition to the above referenced incident, Defendant
has physically abused Plaintiff, including the following specific incidents:
. During the week of April 22, 2001, Defendant threatened and body
slammed Plaintiff at the marital home.
. Over the years, Plaintiff has received stitches in her mouth due to
the physical abuse of Defendant and has received bruising of the head and ear
due to the attack of the Defendant.
. The Defendant, on a regular basis of at least twice a week, strikes,
pushes or body slams Plaintiff.
. The Defendant has strangled Defendant until black and blue marks
are seen on her neck.
10. Defendant has threatened to use weapons against Plaintiff.
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11. Plaintiff resides in Hampden Township.
12. There is an immediate and present danger of further abuse from the
Defendant and Plaintiff is fearful of any contact.
WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter
a Temporary Order and, after a hearing on the matter, enter a Final Order that would:
a. Defendant shall refrain from further abusing, threatening, harassing
or stalking Plaintiff or the minor children in any place where Plaintiff or the minor
children may be found.
b. Defendant is prohibited from having any direct or indirect contact
with Plaintiff, whether in person, by telephone, or in writing, personally or through
third parties, including, but not limited to any contact at Plaintiff's place of
residence located at 5124 Erb's Bridge Road, Mechanicsburg, Cumberland
County, PA 17050, or any other residence the Plaintiff may establish.
c. Defendant is ordered from entering or contacting Plaintiff or her
employer at her place of employment, Scottie's Beef and Reef Restaurant, 710
West Main Street, Mechanicsburg, Cumberland County, PA 17055.
d. Defendant is ordered to not tamper with, remove, damage, destroy
or otherwise dispose of any property jointly owned by the parties, or owned solely
by the Plaintiff.
e. Defendant is ordered to reimburse Plaintiff for costs and reasonable
attorney's fees incurred as a result of filing this Petition.
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f. Order that this Petition be filed and served without payment of fees
and costs by the Plaintiff, pending a Final Order after the hearing, and that a
certified copy of this Petition and Order be delivered to the Hampden Township
Police, the Mechanicsburg Police, and the Pennsylvania State Police, all of
whom have jurisdiction to enforce this Order.
g. Order such other relief as this Honorable Court may deem just and
proper.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
DATED: sf/I; /
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/ : John R. Fenstermacher
! ' Supreme Court I.D. #29940
\ ' Mark K. Emery
',_, Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Plaintiff
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VERIFICATION
I, April K. Berzinec, hereby certify and verify that the facts set forth in the
foregoing Petition are true and correct to the best of my knowledge, information and
belief. I understand that any false statements herein are subject to the penalties of 18
Pa. C. S. 34904 relating to unsworn falsification to authorities.
DATE: ,S!S~V
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LO)/Cl:l K & !l~(~1U6
'April K. Berzinec (/
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APRIL K. BERZINEC,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 01- :<'7?ILf Civi L Te.(J.,(Yj
GREG G. BERZINEC,
Defendant
PROTECTION FROM ABUSE
TEMPORARY ORDER OF COURT
Defendant's Name is: GREG G. BERZINEC
Defendant's Date of Birth is: November 8,1960
Defendant's Social Security Number is: 169-44-6818
Name of All protected persons, including Plaintiff and minor children:
1. APRIL K. BERZINEC
Appearances by Parties and/or Counsel:
. Plaintiff is represented by:
JOHN R. FENSTERMACHER, ESQUIRE
AND NOW, this ~,,^day of May, 2001 the court having jurisdiction over the parties
and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows:
Plaintiff's request for a temporary protection order is granted.
1. Defendant shall not abuse, stalk, harass or threaten Plaintiff in any place
Plaintiff may be found.
2. Defendant shall not contact the Plaintiff directly or indirectly, whether in
person, by telephone or in writing, personally or through third parties,
including but not limited to, contact at Plaintiff's place of residence located
at 5124 Erb's Bridge Road, Mechanicsburg, Cumberland County,
Pennsylvania or any other residence in which Plaintiff may reside.
Defendant shall not enter the premises located at 5124 Erb's Bridge Road,
Mechanicsburg, PA.
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3.
Defendant shall not enter or contact Plaintiff or her employer at her place
of employment, Scottie' Beef and Reef Restaurant at 710 West Main
Street, Mechanicsburg, PA 17055.
4.
Defendant shall not tamper with, remove, damage, destroy or otherwise
dispose of any property jointly owned to the parties or owned solely by the
Plaintiff.
Defe'IJalll 0:.1 Hall pay rlair:ltiff for CQste BAa ff:836Rsl3le a1tefReY'3 fea3
ir:!'O;\Irre6 65 a 1'C3tllt of the f.iIiAf!J GAd IOlill'\'jb8 gf tl=le retitioll.
6.
This Petition and Order shall be filed and served without payment of fees
and costs by Plaintiff, pending a Final Order after the hearing and further
that a certified copy of this Petition and Order shall be delivered to
Hampton Township Police, the Mechanicsburg Police and the
Pennsylvania State Police all of which have jurisdiction to enforce this
Order.
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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.96144.
VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL
PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE.
7.
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. 92265.
IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS
ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER
THAT ACT. 18 U.S.C. 992261-2262. 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. 9922(g), FOR POSSESSION, TRANSPORT OR RECEIPT OF
FIREARMS OR AMMUNITION.
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NOTICE TO LAW ENFORCEMENT OFFICIALS
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 solely on probably cause, whether or not the violation is committee din
the presence of the police. 23 Pa.C.S. S6113.
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
Cumberland County Sheriff 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 "tomplaint for Indirect Criminal Contempt" shall then be completed and
signed by the police officer OR the plaintiff. Plaintiff's 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 heari
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Date
Distribution to:
Police Department (Plaintiff's Residence)
Police Department (Defendant's Residence)
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Prothonotary for service on Pennsylvania State Police
Cumberland County Sheriff:
Serve Plaintiff
Service Defendant
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^ 05/08/01 TUE 15:12 FAX 717 240 6573
,CliMB CO PROT~ONOTARY
141001
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U$ MULTI TN REPORT U$
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[ 04]92490779
CENTRAL PROCESS
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OFFICE Of 11-fE PRarncrorARY
CUMBERLAND COOlIrrY COUR'IHOOSE
ONE CCXJRTHOOSE 9:!UARE
CARLISLE, PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
V I A i E L E COP I E R
10:
PA STATE POLICE . (!t:vrA,./ i1t#t't:. $S.
M.I! l.,. S
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FAX B:
717-249-0779
FR01:
CURTIS R. LONG
fIE:
PFA ORDERS
MESSAGE :
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l'K>. OF PAGES (INCLUDING 00IIE1l SliEET)
'Ihis ~ is intenh1 ally fur tte I.El':! of tte :irrliv.idfll ex- entil;y to W1id1 is is alle ~. crrl IT6'/
cmtain infuuTetio1 that is p:i.vi.le;J;O. mlf:id31tia.l on:I emq:t: fmn <'1;...,1......... 1.1'lEr "R'li<"'Ml!'! liw. (f
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disl:rihrt::ioo cr crpfirg aE this a:JllTUlicat.k:n is strictly (Xdribita:l. If}OJ m..e re=ei..e:l ttus
a:I1llU1ic.~tim in eon:, pleme rrtify us :immiiately ~ t:e.lerh:re crrl mWm tie arigiml,,~ ~I;O L8 flt
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02784 P
COMMONWE~LTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BERZINEC APRIL K
VS
BERZINEC GREG G
SGT. DAVID ZEIGLER
, Sheriff or Deputy Sheriff of
Cumberland county,Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
BERZINEC GREG G
the
DEFENDANT
, at 0010:45 HOURS, on the 15th day of May
, 2001
at CUMBERLAND CO. SHERIFF'S OFF
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
GREG BERZINEC
by handing to
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING & ORDER, TEMP PFA,
PETITION
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
3.10
.00
10.00
.00
31.10
y.- ~-~~
R. Thomas Kline I
Sworn and Subscribed to before
05/16/2001 ~
By, [)~ug~
me this ,l3~ day of
l1M....y ~ I A . D .
q ,__ 0. nt,il/J~ --' #,
ifrothonotary ,
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APRIL K. BERZINEC,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. o/-;t7B1 CivIl Term
GREG G. BERZINEC,
Defendant
PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: GREG G. BERZINEC
Defendant's Date of Birth is: November 8, 1960
Defendant's Social Security Number is: 169-44-6818
Name of All protected persons, including Plaintiff and minor children:
1. APRIL K. BERZINEC
Appearances by Parties and/or Counsel:
. Plaintiff is represented by:
JOHN R. FENSTERMACHER, ESQUIRE
. Defendant is represented by:
THOMAS DIEHL, ESQUIRE
AND NOW, this t'1 day of May, 2001 the court having jurisdiction over the parties
and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows:
Plaintiff's request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass or threaten Plaintiff in any place
Plaintiff may be found.
2. Defendant shall not contact the Plaintiff directly or indirectly, whether in
person$>y telephone or in writing, personally or through third parties,
including but not limited to, contact at Plaintiff's place of residence located
at 5124 Erb's Bridge Road, Mechanicsburg, Cumberland County,
Pennsylvania or any other residence in which Plaintiff may reside.
Defendant shall not enter the premises located at 5124 Erb's Bridge Road,
Mechanicsburg, PA.
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3. Defendant shall not enter or contact Plaintiff or her employer at her place
of employment, Scottie' Beef and Reef Restaurant at 710 West Main
Street, Mechanicsburg, PA 17055.
4. Defendant shall not tamper with, remove, damage, destroy or otherwise
dispose of any property jointly owned by the parties or owned solely by the
Plaintiff.
5. Defendant shall pay for costs incurred as a result of the filing and service
of the Petition.
6. This Final Order shall be filed and a certified copy of this Petition and
Order shall be delivered to Hampden Township Police, the Mechanicsburg
Police and the Pennsylvania State Police all of which have jurisdiction to
enforce this Order.
7. All provisions of this order shall expire on: May 17, 2002.
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.~6144.
VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL
PENALTIES 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. ~2265.
IF YOU TRAVEL OUTSIDE OFTHE STATE AND INTENTIONALLY VIOLATE THIS
ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER
THAT ACT. 18 U.S.C. ~~2261-2262. 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. ~922(g), FOR POSSESSION, TRANSPORT OR RECEIPT OF
FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
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
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"
order. An arrest for violation of Paragraphs 1 through 3 of this order may be without
warrant, based solely on probably cause, whether or not the violation is committee din
the presence of the police. 23 Pa.C.S. 36113.
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
Cumberland County Sheriff 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. Plaintiff's 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 o!.b.e 'n
J.
Distribution to:
Prothonotary for service on Pennsylvania State Police
Cumberland County Sheriff:
Plaintiff
Defendant
Hampden Township Police Depot
-,
05/17/01 THU 14:30 FAX 717 240 6573
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***************************
*u IlIULTI TN REPORT
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TX/RX NO
INCOMPLETE TXlRX
TRANSACTION OK
ERROR
2615
[ 01J9p2405331
[ 04 J 92490779
CENTRAL PROCESS
PSP
;
,
OFFICE OF '!liE l'ROI1-IQIJOI'ARY
CUMBERLAND OXJNTY OOUR'IliCX.ISE
ON'E: CCIJR'1ll00SE !'QUARE
CARLiSLE. PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
VIA TELECOPIER
TO:
PA STATE POLICE - (!~'4If"AJIII tk.c'e ~S,
M.lO... S - P.$'. P
;
FAX H:
717-249-0779
FRCfo1 :
CURTIS R. LONG
RE:
PFA ORDERS
MESSAGE :
3~
.-
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