HomeMy WebLinkAbout99-01894
Amenda L. Redding,
Plaintiff
: IN TilE COURT OF COMMON PLf:AB
VR.
: OF CUMIlF.RLAND COUNTY, PENNSYLVANIA
Harvey !L Wanner, Jl".,
Defendant
:NO. 99 - / 6"r 'I
CIVIL TERM
:PROTECTION FROM ADUSE AND CUSTODY
NOTICE OF IIEARING 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 YOll 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 hearing on this matter is scheduled for the
April, 1999, at II. :'0 CA .m., in Courtroom No.
Cumberland County Courthouse, Carlisle, Pennsylvania.
71:::A
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day of
of the
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 YOll 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 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. ~2261-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT
APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO
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.
YOU HAVE THE RIGHT
WILL NOT, HOWEVER,
CANNOT AFFORD ONE,
WHERE YOU CAN GET
PROCEED WITHOUT ONE.
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permitted under Paragraph 5 of this Order, Defendant is
prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to any contact at
Plaintiff's places of employment, except for the limited pUrpose
of facilitating custody. Defendant is specifically ordered to
stay away from the following locations for the duration of this
Order: Plaintiff's undisclosed current residence, a residence to
which Plaintiff moved to avoid abuse, which is not owned or
leased by Defendant, and any other residence Plaintiff may
establish.
~ 4. Bxcept for such contact with the minor child as may be
permitted under Paragraph 5 of this Order, Defendant shall not
contact Plaintiff by telephone or by any other means, including
through third persons, except for the limited purpose of
facilitating custody.
~ 5. Pending the outcome of the final hearing in this matter.
Plaintiff is awarded temporary custody of the following minor
child. Kya P. Wanner
Until the final hearing, all contact between Defendant and the
child shall be limited to the following: at times and places
mutually agreed upon by the parties.
The local law enforcement agency in the jurisdiction where the
child is located shall ensure that the child is placed in the
care and control of Plaintiff in accordance with the terms of
this Order.
~ 6. Defendant shall immediately relinquiSh the following
weapons to the Sheriff's Office or a designated local law
enforcement agency for the delivery to the Sheriff's Office: any
and all guns Defendant may possess.
Defendant is prOhibited from possessing, transferring or
acquiring any other weapons for the duration of this Order.
~ 7. The following additional relief is granted:
The Cumberland County Sheriff's 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 and/or the
child in the jurisdiction or district or furnish any address,
telephone number, or any other demographic information about
plaintiff and/or child except by further Order of Court.
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 finds that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued 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 sheriff of Dauphin County.
Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
plaintiff.
Defendant is to refrain from harassing plaintiff'S
relatives.
~ 8. A certified copy of this Order shall be provided to the
police department where plaintiff resides and any other agency
specified hereafter: any appropriate police departments
o 9. THIS ORDER SUPERSEOES 0 ANY PRIOR PFA ORDER AND 0 ANY
PRIOR ORDER RELATING TO CHILD CUSTODY
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL RBHAIN
IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE
AND HEARING.
NOTICE TO 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. 56114. Consent of 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. 56113. Defendant is
further notified that violation of this 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 U.S.C. SS 2261-2262. Anv ~rotection order qranted
by a court may be considered in any subseauent ~roceedinqs.
inc1udinq child custodv ~roceedinqs. under title 23 (Domestic
Relationsl of the Pennsv1vania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have
jurisdiction over Plaintiff's residence OR any locations where a
violation of this order occurs OR where Defendant may be located.
If Defendant violates Paragraphs 1 through 6 of this Order,
Defendant may 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 of law 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
pos....ion of the weapons until further Order of this Court,
unle.. the weapon/s are evidence of a crime, in which case, they
shall remain with the law enforcement agency whose officer made
the arre.t.
BY THE
COURT /~/
Joan carey
Attorney for plaintiff
Judge
Amanda L. Redding,
Plaintiff
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY,PENNSYLVANIA
vs.
:NO. 99 - If'?'!
CIVIL TERM
Harvey s. Wanner, Jr.,
Defendant
:PROTECTION FROM ABUSE
:AND CUSTODY
PETITION FOR PROTECTION FROM ABUSE
COUNT I
1. plaintiff is Amanda L. Redding.
2. The name of the person who seeks protection from abuse is
Amanda L. Redding.
3. plaintiff's address is undisclosed for her own protection
but will be furnished to the court upon request.
4. Defendant is believed to live at his mother's residence
located at 150 Watson Street, Steelton, pennsylvania 17113.
Defendant's Social Security Number is 186-54-2064.
Defendant's date of birth is 7/26/68.
Defendant's place of employment is is Avis-Rent-A-Car,
Middletown, pennsylvania.
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5. Defendant is the father of Plaintiff's child.
6. Defendant has been involved in the following criminal
court action: resisting arrest, disorderly conduct, criminal
mischievous, and failure to pay child support.
7. Plaintiff seeks temporary custody of the following child:
Name
Address
Birthdates
Kya P. Wanner
undisclosed location
3/2/98
(g) Defendant, the father of the child, is, currently
residing at 150 Watson Street, Steelton, Dauphin County,
pennsylvania.
(h) He is divorced.
(i) Defendant currently resides with the following persons.
~
Re1ationllhiJ)
Donna Wanner
Johnnie (last name unknown)
Harry Wanner
mother
brother
brother
(j) Plaintiff has not previously participated in any
litigation concerning custody of the above mentioned child in
this or any other Court.
(k) Plaintiff has no knowledge of any custody proceedings
concerning this child pending before a court in this or any other
jurisdiction.
(1) Plaintiff does not know any person not a party to this
action who has physical custody of the child or claims to have
custody or visitation rights with respect to the child.
(m) The best interests and permanent welfare of the minor
child will be met if custody is temporarily granted to Plaintiff
pending a hearing in this matter for reasons including:
(1) Plaintiff is a responsible parent who has
provided for the emotional and physical needs of the
child since her birth, and who can best take care of
the minor child.
(2)
that he
child.
Defendant has shown by his abuse of Plaintiff
is not an appropriate role model for the minor
10. The facts of the most recent incident of abuse are as
follows:
On or about March 21, 1999, Defendant got close to
Plaintiff's face and threatened her saying, "Have I
ever used you as a punching bag?" Defendant then
grabbed Plaintiff's neck, and shoved her up against a
door. As Defendant continued to hold Plaintiff by the
neck, Oefendant's thirteen year old son came into the
room and told Defendant to let go of Plaintiff or he
would call the police. Defendant then threatened his
son and the child left the room. When Plaintiff
struggled free, Defendant grabbed her hands and held
them above her head. When Plaintiff curled up in a
ball in an attempt to shield herself from further
abuse, Defendant forcefully pushed down on the back of
Plaintiff's neck causing her to have difficulty
breathing. When Defendant let go and Plaintiff stood
up, he got close to her face again, screamed at her,
pointed his finger in her face, and told her that he
lifts weights so that it's not hard to break her neck.
Plaintiff again struggled to get away from him, but he
continued to harass her in ways including threatening
that there was a gun out in the car waiting for her and
that if he found her with anyone else, he would put a
silver bullet in both ~f them. Defendant told
Plaintiff to call her parents threatening that they
could all have a family funeral. Plaintiff left the and
is no longer living at their mutual residence.
Plaintiff had injuries including a broken blood vessel
in her eye and a bruise on her neck from this incident.
11. Defendant has committed the following prior acts of abuse
against Plaintiff:
a. In or about February 1999, Defendant sexually
abused Plaintiff. As Plaintiff ran down a hall away
from Defendant, he repeatedly punched her in the head
causing her to have a black eye, a bruise on her
temple, and a bloody nose.
b. In or about January 199B, when Plaintiff was
pregnant, Defendant backed Plaintiff against a wall and
turned on a gas burner on the stove causing Plaintiff
to fear for her safety. As she tried to go toward a
back door, Defendant grabbed her, and put her up
against a wall by the stove. Defendant then got knives
out of a drawer, put them on the stove. and one at a
time picked them up, and held them by Plaintiff's
throat demanding that she tell him who she was sleeping
with. Defendant finally stopped when Plaintiff cried
and told Defendant that there wasn/t anyone else.
Defendant continued to scream at Plaintiff and call her
vile names. Defendant followed Plaintiff into a
bedroom and sexually assaulted her.
c. On several different occasions since 1996, Defendant
has choked Plaintiff, punched her, grabbed her arms to
restrain her, and threatened her. On one occasion,
Defendant forcefully shoved Plaintiff up against a door,
held a knife in a threatening manner. While Plaintiff
was talking on a phone, Defendant cut the phone cord with
the knife causing her to fear for her safety. On another
occasion, Defendant took an air conditioner out of a
window and threatened to throw it through the back window
of her car, tried to rip her car speakers out, and ripped
a stereo out of her car.
12. The following police department or law enforcement agency
in the area in which Plaintiff lives should be provided with a
copy of the Protection Order: appropriate police departments.
13. There is an immediate and present danger of further abuse
from Defendant.
14. Plaintiff is asking the Court to order Defendant to stay
away from Plaintiff current and future residence which is not
owned or rented by Defendant.
WHEREFORE, PLAINTIFF REQUESTS 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 in any place where Plaintiff may be found.
B. Order Oefendant to stay away from Plaintiff's residence and
prohibit Defendant from attempting to enter any temporary or
permanent residence of Pl&intiff.
C. Award Plaintiff temporary cUBtody of the minor child and
place the following restrictions or contact between Defendant and
child: at times and placeR mutually agreed upon by the parties.
D. Prohibit Defendant from having any contact with Plaintiff,
either in person, by telephone, or in writing, personally or
through third persons, including, but not limited to any contact
at Plaintiff's places of employment, except as the Court may find
necessary with respect to partial custody and/or visitation with
the minor child.
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. Order Defendant to pay the costs of this action, including
filing fees, service fees, and surcharge of $25.00.
G. Order Defendant to pay $250.00 to reimburse one of Legal
Services, Inc.'s funding sources for the cost of litigation in
this case.
H. Order the following additional relief, not listed above:
a. Defendant is required to relinquish to the sheriff any
firearm license the 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.
b. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
c. Defendant is to refrain from harassing Plaintiff's
I. Grant such other relief as the court deems appropriate.
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relatives.
Order the police or other law enforcement agency to serve
Defendant with a copy of this Petition, any Order issued, and the
Order for Hearing. Plaintiff will inform the designated
authority of any addresses, other than Defendant's residence,
where Defendant can be served.
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COUNT II
CUSTODY ONDER PENNSYLVANIA CUSTODY LAW
15. The allegations of Count I above are incorporated herein
as if fully set forth.
16. The best interest and permanent welfare of the minor
child will be served by confirming custody in Plaintiff as set
forth in paragraph 9 of the petition.
WHEREFORE, pursuant to 23 Pa.C.S.~ 5301 et. Sea., and other
applicable rules and law, Plaintiff prays this Honorable Court to
award custody of the minor child to her.
Plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
~e~~1
Dated:
,--y~ / / 711
Attorney for Plaintiff
LEGAL SERVICES, INC.
6 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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o 2. Defendant is completely evicted and excluded from the
residence at * [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS
EXCLUDED] or any other residence where Plaintiff may live.
Exclusive possession of the residence is granted to Plaintiff.
Defendant shall have no right or privilege to enter or be present
on the premises.
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o On [Insert date and time], Defendant may enter the residence
to retrieve his/her clothing and other personal effects, provided
that Defendant is in the company of a law enforcement officer
when such retrieval is made.
~ 3. Defendant is specifically ordered to stay away from the
following locations for the duration of this Order: Plaintiff's
residence located at 439 Woodcrest Drive, Mechanicsburg,
Cumberland County, pennsylvania, and any other residence
Plaintiff may establish.
o 4. Except as provided in Paragraph 5 of this Order, Defendant
shall not contact Plaintiff by telephone or by any other means,
including third parties.
~ s. Custody of the minor child, Kya P. Wanner, shall be as
follows: see attached Custody Order.
o 6. Defendant shall immediately turn over to the Sheriff'S
Office, or to a local law enforcement agency for delivery to the
Sheriff's Office, the following ~leapons used or threatened to be
used by Defendant in an act of abuse against Plaintiff and/or the
minor child/ren:
o 7. Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this Order. Any
weapons delivered to the sheriff under paragraph 6 of this Order
or under Paragraph 6 of the Temporary Order shall not be returned
until further Order of Court.
~8. The following additional relief is granted as authorized
by 16108 of this Act.
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a. 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 finds that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
b. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
c. Defendant is to refrain from harassing plaintiff's
relatives.
d. The court costs and fees are waived.
o 9. Defendant is directed to pay temporary support for [insert
the names of the persons for whom support is to be paid]
as follows: [insert amount, frequency and other terms
and conditions of the support order] This Order
for support shall remain in effect until a final support order is
entered by this Court. However, this Order shall lapse
automatically if plaintiff does not file a complaint for support
with the Court within fifteen days of the date of this Order.
The amount of this temporary order does not necessarily reflect
Defendant's correct support obligation, which shall be determined
in accordance with the guidelines at the support hearing. Any
adjustments in the final amount of support shall be credited,
retroactive to this date, to the appropriate party.
o 10. The costs of this action are waived as to plaintiff and
imposed on Defendant.
o 11. Defendant shall pay $* to plaintiff as compensation for
Plaintiff's out-of-pocket losses, which are as follows:
./
OR
o plaintiff is granted leave to present a petition, with
appropriate notice to Defendant, to [insert the name of the judge
or court to which the petition should be presented] requesting
recovery of out-of-pocket losses. The petition shall include an
exhibit itemizing all claimed out-of-pocket losses, copies of all
bills and estimates of repair, and an Order scheduling a hearing.
No fee shall be required by the prothonotary's office for the
filing of this petition.
o 12. BRADY INDICATOR
1.0 plaintiff or protected person(s) is a spouse, former spouse,
a person who cohabitates or has cohabited with Defendant, a
parent of a common child, a child of that person, or a child of
Defendant.
2.0 This Order is being entered after a hearing of which
Oefendant received actual notice and had an opportunity to be
heard.
3.0 paragraph 1 of this Order has been checked to restrain
Defendant from harassing, stalking, or threatening Plaintiff or
protected person(s) .
4.0 Defendant represents a credible threat to the physical
safety of plaintiff or other protected person(s) OR
o The terms of this Order prohibit Defendant from using,
attempting to use, or threatening to use physical force against
Plaintiff or prote~ted person that would reasonably be expected
to cause bodily injury.
r8I 13. THIS ORDER SUPERCEDES r8I ANY PRIOR PFA ORDER AND 181 ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
14. All provisions of this Order shall expire in one year.
NOTICE TO DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT walCH IS PUNISHABLE BY A
FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS.
23 PA.C.S. 56114. 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 UNDBR THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C.
52265. IF YOU TRAVEL OUTSIDE OF THE STATB AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BB SUBJECT TO FEDERAL CRIMINAL
PROCEEDINGS UNDBR THAT ACT. 18 U.S.C. 55 2261-2262. IF
PARAGRAPH 12 OF THIS ORDBR HAS BEBN CHBCKBD, YOU MAY BE SUBJECT
TO FBDERAL PROSBCUTION AND PBNALTIES UNDBR THB "BRADY" PROVISIONS
OF THE GUN CONTROL ACTION, 18 U.S.C. 5922(G) , FOR POSSBSSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over plaintiff'S residence
OR any location where a violation of this Order occurs OR where
Defendant may be located, shall enforce this Order. An arrest
for violation of paragraphs 1 through 7 of this Order may be
without warrant, based solely on probable cause, whether or not
the violation is committed in the presence of the police. 23
Pa.C.S. 56113.
Subsequent to an 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 [insert
the appropriate name or title] shall maintain possession of the
weapons until further Order of this Court. When Defendant is
placed under arrest for violation of the Order, 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 Plaintiff. Plaintiff'. presence and signature are not
required to file the complaint.
If sufficient grounds for violation of this Order are
alleged. Defendant shall be arraigned. bond set and both parties
given notice of the date of the hearing.
BY THE COUR
. Judge
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Amanda L. Redding
Pilaintiff /.
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Joan Carey {J
Attorney for Plaintiff
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If entered pursuant to the consent of
and Defendant:
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Harve Wanner, Jr.
Pro Be Defendant
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natural development of the child's love or respect for the other
parent.
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By the Court, /
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Edgar B. B udge
If entered pursuant to the consent of Plaintif and Defendant:
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Amanda L. Redding / 6
Plaintiff .
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s. Wanner, Jr.
Defendant
Joan Carey
Attorney for Plaintiff