HomeMy WebLinkAbout94-03741
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JUL 08199~
V.
IN TilE COURT OF COMMON PLEAS
. CUMOERLAND COUNTY, PENNSYLVANIA
qL/. .3 7 ~ I ("~,I 7(.((n
NO,
ANGELA M llRODOWSKI,
PLAINTIFF
DA VID LEE ZEIGLER,
DEFENDANT
PROTECTION FROM MUSE
TEMl'OItAllY 1'llOTECTIVE OIunm
AND NOW, this ~ day of Joly, 1994, upon prcscntation and considcration ofthe
withinPctition, and uponlinding thatthc Plaintill: Angcla M. Brodowski, now rcsiding 8t2379
Rivcr Road, Lot 37, llainbridgc, Lancnstcr County, Pcnnsylvania, is in immcdiatc and prescnt
dangcr of abuse Irom thc Dclcndanl, David Lec Zciglcr, thc Ihllowing Tcmporary Ordcr Is
cntcrcd,
Thc Dcfcndant, David Lcc Zciglcr, now residing at 1710 Market Strcet, Apt. II, Camp
I Jill, Cumbcrland County, Pcnnsylvania, is hcrchy cnjoincd from physically abusing thc Plaintil1:
placing the I'laintill'in fcar of abuse.
Thc Dcfcndant is ordcrcd to rcli'ainlhnll having any contact with thc Plaintill'including,
but notlimitcd to, cntcring or tclcphoningthc I'laintill'at hcr homc or placc of cmployment, from
stalkingthc I'laintlll: or from harassing thc Plaintill: hcr fricnds, rclativcs, cmployer or fellow
cmployccs,
Thc dcfcndant is notilicd that if hc engagcs in conduct contrary to this Ordcr, hc may bc in
indirect criminal contcmpt ofThis Court which is punishablc by a Iinc not to cxcccd $1,000,00
and/or incarccration for a pcriod of up to six months and any othcr appropriatc punishment.
Rcsumption ofco,rcsidcncc onthc part ofthc Plllintill'and Dclcndant shallnotnullily thc
provisions of this Ordcr dirccting thc Dclcndantto rcli'ainlrom nbusing thc I'laintill'.
Thc Delcndant shall deliver any weapons in his possession to the Cumberland County
Shcrin's Dcpartmcnt which shall rctain custody of said wcapons pcndinglurthcr order of court.
Thc Dcfcndant is ordcrcd to rclrain Irom dcstroying or damaging any property owned
solcly by the I'laintill' or any propcrty owncd jointly by thc partics.
This Ordcr shall rcmain in cllcct untillllinal order is cntcrcd in this casc, A hcaring shall
bc held in this mattcr onthc .4Cday 01'1 I( I:., ' 1994, at II ') (' iI.m, in Courtroom No,
,-, Cumbcrland County Courthouse, CaHislc, Pcnnsylvania.
This Ordcr shllll bc cnlorccd by any IlIw cnforccmcnt agcncy whcn a violation occurs by
arrcst lor indircct criminal contcmpt. The IIrrcslmay be made without warrant upon probable
cause that this Ordcr has bccn violatcd, whethcr or not the violation is committed in the presence
ofthc law cnforcement ol11ccr, Inthc cvcntlhnt IIn arrcst is madc undcr this scction, the
Defendant shall be taken withouI unnecessal)' delay before the Issuing court. When that court is
unavailable, the Defendant shall be arraigned before Ihe appropriate dlslrict jusllce in accordance
with 23 Pa, C.S,A, 6113.
By the Court,
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: IN THE COUIlT OF COMMON PLEAS
: CUMDEllLAND COUNTY,IIENNSYLVANIA
: NO. q Lf. 3 '7 LI/
ANOELA M, nllODOWSKl,
PLAINTIFF
OA VID L11E ZElOLEIl,
DEFENDANT
. PIlOTECTION FIlOM ABUSE
~
You have been sued In court If you wish to delend allalnst the claims set forth In the
followlnll palles, you musl take action promptly aller Ihls Petition, Order and Notice are served,
by appearlnll personally or by allorney at the hearing scheduled by the Court and presentlnll to Ihe
Court your defenses or objections to the claims set forth against you. You are warned that If you
fail to do so the Court may proceed withoul you, and a judllment may be enlered allalnst you by
the Court without further notice for any money claimed in this Petition or for any other claim/or
rellefrequesled by the Plalntln', You may lose money or property or other rights important to
you.
YOU SIIOULD TAKE TillS PAPEIl TO YOUIl LAWYEIl AT ONCE. IF YOU DO
NOT ItA VB A LA WYEll Oil CANNOT AFFOIlIJ ONE, GO TO OIl TELEPltONE nm
OFFICE SET FOIlTI/DELOW TO FIND OUT WllEllE YOU CAN 00 TO OET LEOAL
HELP.
COUIlT ADMINISTIlATOIl
4TII FLOOIl
CUMDEllLAND COUNTY COUIlTHOUSE
CAIlLlSLE, PA 17013
TEL (717) 240-6200
MICHAEL G. LEONARD
ATTORNEY AT LAW
2800 MARKET STREET
CAMP HILL, PA 17011
TEL: (717) 761.3325
ANGELA M. BRODOWSKI,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, qL/. 37l/l
DA VID LEE ZEIGLER,
DEFENDANT
: PROTECTION FROM ABUSE
I.ETn'ION 110R A 1'lwn:CTIVE ORDER
FOR REUEII UNDER TIII~ 1.lmTECl'ION
FROM AIJlJSE ACT
23 I.a, C.S,A. Sec. 6101.et,sell.
ABUSE
I. The Plaintiff, Angela M. Brodowski. is an adult individual who currcntly resides In thc
homc ofhcr fostcr parcnls located at 2379 River Road. Lot 37, Bainbridgc, Lancastcr County,
Pennsylvania 17502.
2. Thc Dcfendant. David Lec Zeigler. is an adult individual who currently rcsidcs at 1710
Markct Strect, ApI. II, ClIInp Hill. Cumberland County, Pennsylvania 170 II.
3, Thc Plaintiff residcd with and cngagcd in romantic relations with thc Dcfcndant from
October, 1993 until June 19, 1994, On Junc 19, 1994, the Plaintifr moved out ofthc Dcfcndant's
residcnce undcr policc supcrvision and movcd into a shelter for ballcrcd women in the Carli sIc
area, Shortly thercaner, she was taken inlo the homc of her foster parents.
4. Sincc Oclober of 1993, the Dcfendant has allcmptcd to cause and has intcntionally.
knowingly and recklcssly caused bodily injury to the Plaintill' and has by physical menace placcd
thc Plaintill'in fcar ofinunincnt serious bodily injury, This has includcd but is notlimitcd to thc
following spccll1c instances of abusc
a Thc defendant was recently tired by his cmployer nnd reccived a large sum of moncy as
prol1t sharing proceeds during thc nrst weck of May. 1994, Sincc that timc, thc Dclcndant has
remained uncmployed and has becn smoking cocainc on a dnily basis, The Defendnnt has
rorbiddcn thc Plaintifi'to Icavc thc apartmcntupon hcr rcturn rrom work. Hc has acted in an
aggrcssivc and unprcdictablc manncr towards the plaintifi' and hc has engagcd in physical
violcncc,
11 is belicvcd and thcrcrorc avcrrcd that the Dclcndant has exhaust cd his moncy and is
now dcmanding paymcnt or monics allcgcdly owcd to him by thc I'laintitr
b. On Thursday, July 7, 1994, the Dclcndant tclcphoncd the Plaintill'onlivc occasions at
the ol11cc or hcr cmploycr, Morgan & Morgan, Harrisburg, rcpcating "your luckcd" and "you
ruckcd with thc wrong pcrson". Thcsc telcphonc calls wcre madc allcr repcatcd instructions by
the Plaintitf and hcr cmploycr not to call the onicc,
c, On Wedncsday, July 6,1994, thc Dclcndanttelcphoncd thc olllcc or Morgan &
Morgan on atlcast six occasions making similar thrcats as thosc outlincd abovc allcr bcing told
not to call,
d, On June 19, 1994, thc Dclcndant allcmptcd to physically grab and conllnc thc I'laintilf
allcr she indlcatcd that shc intcndcd to movc out orthc Dclcndant's apartmcnt. The Plaintill'was
able to avoid the Dcrendant's advanccs and 11111 downthc stairway, Whilc exitingthc stairway, thc
Plaintifi'was mct by Camp I I ill police oniccrs rcspondingto a 911 call who assist cd thc I'laintill'ln
rcmoving hcr bclongings,
c, On at Icasttwo occasions in Mayor 1994 thc Dclcndant bccamc cnragcd, grabbing thc
PlaintifTby thc hair, covering hcr mouth and dragging hcr onto thc bcd, Thcse allacks causcd
laccrations to hcr mouth, bruiscs to hcr arms and Icgs and on onc occasion, ncar sullocation,
f. Inthc past two days, thc Dclcndant has thrcatcncd his ncxt door ncighbor, Jamcs A,
Hansarick, by saying "Your lucky I don't jump on you and kill you now" and" your lucky J don't
snap your ncck now". Thcsc thrcats havc bccn madc bccause Mr. J'lansarick has tclcphoncd thc
policc rcgarding domcstic violcnce in thc ()clcndant's apartmcnt and bccausc he has provided
shcltcr and assistance to thc Plaintitr
5. As a rcsult or the cvcnts dcscribcd abovc and thc continucd harrassmcnt by the Dclcndant
at Plainlill's placc or cmploymcnt in thc last two days thc Plainlill'belicvcs and thcrclorc avcrs thai
shc is in immcdiatc, prcscnt and continuing dungcr or abusc rrom thc dclcndant.
6, Thc Plaintill'dcsircs thatthc Dclcndanl bc ordcrcd to rcli'ain rrom hllving any eonlllel with
hcr including, but not Iimitcd to, cntcring or telcphoning hcr homc ur plllec ur cmpluymcnt, IhulI
stalking hcr, and rrom harllssing hcr, hcr cmployer, Iricnds and relatives
WHEREI'OIlE, pursullntto the provisions or thc "Plllleetiun lilllll Ahuse Ael" or (letuhel
7,1976,23 I'a, C.SA Scc, 6101, Iff, .lw/" as umcnded, thc I'llIintill'PlllYS This Ilonlllllhh.! ('mill
to grantthc Ibllowing rclicf.
A, Grant a temporary order pursuant to the "Protection from Abuse Act":
1. Requiring the Defendant to refrain from abusing the Plaintln' or placing her in fear of
abuse.
2, Requiring the Defendant to refrain from having any contact with the PlaintilTincluding,
but not limited to , restraining the Defendant from calling or entering the Plaintill's home or place
of employment, from stalking the PlaintilT from harassing her, her friends, co,workers or relatives,
3, Ordering the Defendant to transfer any weapons in his custody to the care of the
Cumberland County Sherin's Department pending further order of this Court.
4. Ordering the Defendant to refrain from destroying or damaging any property owned
solely by the PlaintilT or jointly by the parties,
5, Granting whatever other such relief as the Court may deem necessary.
Respectfully submitted,
I..h:""';'"fyj Y::...-<JtA~
Michael G, Leonard, Esquire
Supreme Court 10, 58816
2800 Market Street
Camp Hill, PA 17011
Tel. (717) 761.3325
Dated: July 8, 1994
.
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I, Angela Marle Brodowski, state that I am the Petitioner In the abovo,caplloned
case and that tho facts set forth In the above Petilion ore true and correct to tho best of my
knowledge, lnfomlalion and belief. I realize that false slalements herein are Bubjeclto the
penalties for unsworn falsification 10 authorities under 18 Po, C,S, 4904
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DATE:Ji#-
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ANGELA M, BRODOWSKI,
PLAINT"'F
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
. I 'J!' j r/
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Michael G. Leonard
Attorney at Law
2800 Market Street
Camp Hill, PA 17011
Tel. (717) 761-3325
Supreme Court ID 58816
V,
: NO,
DAVID LEE ZEIGLER,
DEFENDANT
: PROTECTION FROM ABUSE
CERTIFICATE OF SERVIC&
I, Michael G, Leonard, Esquire, certify that I have this day deposited a true and correct
copy ofthe attached petition in the United States Mall, First .Class, Postage prepaid and return
receipt requested, addressed to the followin!! persons:
David Lee Zeigler
1710 Market Street, Api II
Camp Hill, PA 17011
Dated: July 8, 1994
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ANGELA M. BRODOWSKI, I IN THE COURT OF COMMON PLEAS OF
plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I CIVIL ACTION - LAW
I PROTECTION FROM ABUSE
DAVID LEE ZEIGLER, I
Defendant I 94-3741 CIVIL TERM
IN REI PROTECTION FROM ABUSE
ORDER OF COURT
AND NOW, this 18th day of July, 1994, upon
consideration of the Plaintiff's Petition for Protective Order
under the Protection From Abuse Act, and following a hearing at
which both parties testified, it is ordered, adjudged, and
decreed as followSI
The Court finds that the allegations of the
Plaintiff's Petition with respect to abuse have been proven by a
preponderance of the evidence and that the Defendant has
committed abuse as alleged in the Petition in the form of the
placement by physical menace of the Plaintiff in fear of
imminent serious bodily injury. consequently, it is further
ordered as follows:
1. The Defendant, David Lee Zeigler, is enjoined
from physically abusing the Plaintiff, Angela M. Brodowski, or
plaoing her in fear of abuse.
2. The Defendant is enjoined from damaging any
personal property or real estate owned by the Plaintiff or
leased by her.
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3. The Defendant shall have no oontaot, direot
or indireot, with the Plaintiff, inoluding telephonio and
written oommunications. However, nothing in this provision is
intended to prevent the Defendant from commencing litigation or
causing a prosecution of the Plaintiff to be commenced with
respect to certain checks Which the Defendant alleges were
forged by the Plaintiff nor is it intended to prevent service of
papers upon the Plaintiff in connection with said prosecution or
suit.
4. The Defendant is enjoined from harassing the
Plaintiff or stalking the Plaintiff.
5. This Order shall remain in effect for a
period of one year.
6. The camp Hill Police Department will be
provided with a copy of this Order by Plaintiff's attorney and
may enforce this Order by arrest for indireot criminal contempt
without warrant upon probable cause that this Order has been
violated, whether or not the violation is committed in the
presence of the police officer. In the event that an arrest is
made under this Order, the Defendant shall be taken without
unnecessary delay before the court that issued the Order. When
that Court is unavailable, the Defendant shall be taken before
the appropriate District Justioe (23 P.S. Section 6113).
.
By the Court,
.
MICHAEL G. LEONARD, ESQUIRE
For the Plaintiff
DAVID LEE ZEIGLER, PRO SE
1710 Market street, Apt. 11
Camp Hill, PA 17011
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ANGELA M. BRODOWSKI, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I CIVIL ACTION - LAW
I PROTECTION FROM ABUSE
DAVID LEE ZEIGLER, I
Defendant I 94-3741 CIVIL TERM
IN REI PROTECTION FROM ABUSE
prooeedings held before the Honorable
J. WESLEY OLER, JR., JUdge,
Cumberland County Courthouse, Carlisle, Pennsylvania,
on July 18, 1994, commenoing at 9:40 a.m.
in Courtroom No.4.
APPEARANCES I
MICHAEL LEONARD, ESQUIRE
For the Plaintiff
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DAVID ZEIGLER, PRO SE
116. ~~ st II 21 on~
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INDEX TO W I T N E S S E S
FOR THE PLAINTIFF pIRECT CROSS
Angela Brodowski 3 10
James Hansariok 16 18
FOR THE DEFENDANT DIRECT CROSS
David Zeigler 19 23
-----------------------------
I N D E X TOE X H I BIT S
FOR THE DEFENDANT
No. 1 - oopies of ohecks
No. 2 - piece of paper with
Defendant's signature
MARKED
22
ADMITTED
23
26
26
FOR THE PLAINTIFF
None
2
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1 TilE COURT I This is the time and place for a
2 hearing on the proteotion From Abuse matter of Brodowski
3 versus Zeigler. Mr. zeigler and Ms. Brodowski are both
4 present. Are both parties ready to proceed?
5 MR. LEONARD: Yes, Your Honor.
6 MR. ZEIGLER: Yes.
7 THE COURT: Okay.
8 MR. LEONARDI Your Honor, we call Angela to
9 the stand, please.
10 Whereupon,
11 ANGELA BRODOWSKI
12 having been duly sworn, testified as follows:
13 DIRECT EXAMINATION
14 BY MR. LEONARD:
15 Q Angela, could you please state your name and
16 address for the record?
17 A Angela Marie Brodowski, 2379 River Road, Lot
18 37, Bainbridge, Pennsylvania 17502.
19 Q How old are you, Angie?
20 A Twenty-five.
21 Q Where are you employed?
22 A Morgan and Morgan law firm.
23 Q What do you do there?
24 A I'm a legal secretary for Scott Morgan.
25 Q You know the Defendant, I assume?
J
1 A Yes.
2 Q You've asked me to prepare a Proteotion From
3 Abuse Petition, and in this Petition we have alleged a
4 number of things. First of all, did you reside with the
5 Defendant at some point in time?
6 A Yes.
7 Q Did you have romantic relations with the
B Defendant?
9 A Yes.
10 Q Could you tell His Honor when you asked me to
11 file this Petition?
12 A July 7th.
13 Q What was occurring at that time which led you
14 to believe that this was necessary?
15 A Phone calls to my place of employment.
16 Q Could you tell the judge about these phone
17 calls, please?
1B A July 6th, there was five phone calls,
19 harassment, him wanting his money, and then he would talk to
20 my boss, and he would start screaming and yelling. I kept
21 telling him not to call. My boss told him not to call. And
22 he called back the next day about six times, at one point
23 disguising his voice to talk to my boss.
24 Q Was any obscenity used in these
25 conversations?
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1 A Yes, that I had -- exouse me -- fuoked with
2 the wrong person, and that I was going to pay for what I
3 did.
4 Q What is your understanding as to why these
5 calls are occurring?
6 A Because, I'm assuming, he's out of his money
7 and wants a sum of money that I can't give to him at this
B time.
9 Q Now in the past, while you were living with
10 the Defendant, were there ever occasions where you were
11 assaulted physically?
12 AVes.
13 Q Could you tell the judge some of the
14 occasions and circumstances, please?
15 A It's been on a few occasions. one of the
16 worst was in May.
17 TilE COURT I Of what year?
1B TilE WITNESS I Ninety-four.
19 TilE COURT I Thank you.
20 TilE WITNESS I I was listening to musio. It
21 was late. And he didn't want me listening to it, and he
22 started arguing with me. I tried to leave, and he wouldn't
23 let me leave. 80 then I started yelling, and he held my
24 mouth shut, drug me by my hair, drug me up over the water
25 bed, putting a nice bruise on my leg to where I couldn't
Ij
1 walk. He put my teeth through my lipe and juet screamed and
2 yelled at me why I couldn't keep my mouth shut.
3 Q Was there ever a point when you felt you were
4 being suffocated?
5 AVes.
6 Q Was it on that oooasion or a different
7 occasion?
8 A That occasion.
9 Q Why is that?
10 A Because he would hold my mouth down and just
11 shut until I just couldn't breathe and do anything, and he
12 sat on top of me.
13 Q In May of this year, were there other
14 occasions where he had abused you physically?
15 A Yes, just not letting me out the door. And
16 every time I would try to leave, I would start to cry or
17 yell, and he would just hold my mouth shut. And at one
1B point, he was skidding me across the carpet, putting a rug
19 burn on my knees.
20 Q When he was skating you across the carpet,
21 what was he dragging you by?
22 A My hair and mouth.
23 Q Can I assume that when he had his hand over
24 your mouth, it was in a forceful way?
25 AVes.
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Q You've known the Defendant for quite
sometime, haven't you?
A Yes.
Q And you've lived with him on mors than one
occasion?
A Right.
Q Just very briefly, could you tell the judge
when you first lived with him?
A It was in 1989 in Lemoyne.
Q Was there a point where you were physically
abused on that first occasion?
A Yes.
Q Could you tell the judge about that, please?
A I was pregnant. He was angry because he
wasn't sure if it was his, and we just argued profusely day
after day. He would just destroy the apartment, putting his
fist through every wall there was.
Q Did he hit you at some point?
A Yes, he did.
Q What did he do?
A He kicked me in the stomach.
Q How many months pregnant were you at that
point?
A I was seven months.
Q Was your baby carried to term?
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A No.
Q What happened to your baby?
A It died.
Q Before it was born?
A Yes.
Q Did you leave the apartment then?
A Yes, about a month later.
Q But you came back for a second time?
A Yes.
Q When was that?
A August of '93.
Q Were you abused in any way in August of '93?
A I don't remember, but I left a couple months
later.
Q Why did you leave?
A Because of the drugs.
Q Speaking of the drugs, we made an allegation
in our Petition and I believe you informed me before the
hearing that the date is not correct. We say that beginning
the first week of May 1994, the Defendant received a sum of
money. When is the correct date?
A June Jrd.
Q Could you tell the judge what happened on
June 3rd?
A lie got his profit sharing check, and that
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night proceeded tu buy drugs with it.
Q HoW much was that check for?
A Ten thousand six hundred some.
Q And since he received that check, oould you
tell us about the frequency of his drug use?
A It was every day there in June.
Q What was he -- what kind of drug was he
using?
A cocaine.
Q How was he ingesting the cocaine?
A Smoking.
Q He was doing this on a daily basis?
A Yes.
Q You have left his residence yet Again,
haven't you?
A Yes.
Q What led you to do that?
A We were getting into an argument, and the
police came. My neighbor called 911, and the polioe oame.
I had just gotten out the door before he laid a hand on me
and passed the police on the steps, and then they followed
me and asked me if I wanted an escort to get my stuff out of
there. I said, yes.
Q Angela, do you, as you sit here today, do you
feel threatened by the Defendant?
9
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1 A Yes, I do.
2 Q Do you believe that he's reasonably oapable
3 of harming you physioally?
4 A Yes.
5 Q Why is it that you are aSking the court for
6 this protective order?
7 A Because I fear him and the harassment at
B work.
9 Q since this temporary order was issued, have
10 the phone calls continued?
11 A No.
12 Q Has the Defendant contacted you in any way?
13 A No.
14 MR. LEONARD: That's all I have, Your Honor.
15 No further questions.
16 THE COURT I okay. Mr. Zeigler, this is your
17 opportunity to ask questions of the witness, if you have
1B any.
19 CROSS EXAMINATION
20 BY MR. ZEIGLER:
21 Q Did you commit yourself into a rehab place at
22 Saint Joe's
23 MR. LEONARD: Objection, relevance, Your
24 1I0nor.
25 MR. ZEIGLER: -- the weekend --
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TilE COURT I Wait. There's been an objeotion.
On what ground?
MR. LEONARDI On I don't know how it's
relevant to the issue of the abuse.
MR. ZEIGLERI Because she's the one with the
cocaine habit and I'm not and I want to prove that.
TilE COURT: You may ask that question.
BY MR. ZEIGLER:
Q Did you commit yourself into a rehab place at
saint Joe's the weekend of, I think it was, I guess, May
15th, 16th, or 17th?
A Yes.
THE COURT I Of what year?
MR. ZEIGLER I For cocaine.
TilE COURT I Of what year?
MR. ZEIGLER: of '94.
TilE WITNESS: Yes.
BY MR. ZEIGLER:
Q Did you or did you not sign these cheoks to
Jamie Ilansarick?
A My attorney advised me not to answer that
question.
Q Okay. Well, I have these checks here.
MR. LEONARD: Objection.
TilE COURTl You may ask questions. You may
11
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1 not make statements. When you testify, you may make
2 statements.
3 MR. ZEIGLER I Okay.
4 TilE COURT I There was an objection to that.
5 MR. LEONARDI Objection on relevance, Your
6 Honor.
7 THE COURT: What's the relevance of that
B question?
9 MR. ZEIGLER I Well, this is $420.00 of my
10 money that she took from me. She signed checks and signed
11 them over to Mr. Hansarick here, and I have the copies of
12 the checks because somebody took my bank statement.
13 THE COURT I Okay. How would that be relevant
14 to whether she was abused or not?
15 MR. ZEIGLER: She's trying to say that I'm
16 abusing her, and the reason why is because she's trying to
17 get out of these checks. so, in other words, if she can get
1B a restraining order against me, then I'm going to fear that
19 I won't be able to press charges for these checks that she
20 stole from me, her and Mr. Hansarick, because any time they
21 will have the power to say that Mr. Zeigler'S harassing me,
22 and I'll be thrown in jail. If you give them the
23 restraining order, then at any time they can screw me, and I
24 won't be able to press charges.
25 THE COURT: Okay. Vou may ask that question.
12
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1 BY MR. ZEIGLER:
2 Q Did you sign these checks to Jamie Hansarick
3 and Kim Wilson on the weekend of, I guess it was, between
4 May 12th and May 15th?
5 MR. LEONARDI I advise you not to answer that
6 question, Angie.
7 MR. ZEIGLER I It's not my signature on these
8 checks.
9 THE COURT: Just one minute. The grounds for
10 the advice would be what?
11 MR. LEONARD: Fifth Amendment, Your Honor.
12 THE COURT: Okay. You have a right not to
13 answer the question, but I will assume that the answer would
14 be adverse to your position. Next question.
15 BY MR. ZEIGLER I
16 Q The day that I harassed you at work, didn't I
17 ask you -- didn't I tell you that I did threaten you with
1B the checks? I said, I will press charges for these checks
19 that you wrote to Jamie if you don't come take your cats.
20 She left two cats at my apartment. I have four --
21 THE COURT: You can ask a question. What's
22 the question?
23 BV MR. ZEIGLER:
24 Q The question is, did I ask you to come take
25 your cats?
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1 A Yes, you did.
2 Q What did you do? You kept hanging up on me,
3 didn't you?
4 A Yes, I did.
5 Q I wasn't trying to harass you. I was trying
6 to get you to take your animals.
7 THE COURT: That's not a question. I've told
B you several times. You can ask questions.
9 MR. ZEIGLER I I'm not a lawyer. I'm sorry.
10 TilE COURT: That's all right. What's the
11 next question?
12 BY MR. ZEIGLER:
13 Q When you used to come home from work the last
14 couple of months, the last month, wasn't I asking you not to
15 go over to Jamie's apartment?
16 A Yes, you did.
17 Q And you would?
1B A Yes.
19 Q Every night?
20 A That's correct.
21 Q And get drunk?
22 A Yes.
23 Q Were you cheating on me with Jamie Hansarick?
24 A No.
25 Q May I ask why his girlfriend left his
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apartment?
MR. LEONARDI Objection, relevance, Your
Honor.
TilE COURT I I would agree. I don't think
she's going to be able to say that. What's the noxt
question?
I don't have any, Vour Honor.
okay. You may step down.
Your Honor, our second witness
MR. ZEIGLER:
TilE COURT:
MR. LEONARDI
would bo Jamie Hansarick.
Whereupon,
JAMES ANDREW HANSARICK
having been duly sworn, testified as followsl
DIRECT EXAMINATION
BY MR. LEONARDI
Q Mr. Hansarick, would you please give your
name and spell your last name for me?
A It's James Andrew lIansarick,
H-a-n-s-a-r-i-c-k.
Q Where do you 11 ve, Mr. Ilansarick?
A 1710 Market street, Apartment 9, camp Hill,
Pennsylvania.
Q And where is your apartment located in
relation to the Defendant's apartment?
A About ten feet away, across the hall.
15
A
over.
Q
Angela?
A
Q
A
time, in May.
Q
ever --
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A
Yes, when the police brought her over that
night.
Can you tell me what night we're talking
Q
about here?
A That was in May when Officer Bingham brought
her over.
Q That's May of this year?
A This year, May of '94.
Q I'm sorry. What did you notice?
A She couldn't speak. It looked like her jaw
had been pushed into her upper mouth.
Q Was she bleeding or swelling in any way?
A Yeah, her jaw was swollen.
Q And this was right after you had heard some
commotion in the apartment?
AVes.
Q lias the Defendant made any threats to you in
recent weeks?
A On two occasions, before the Protection From
Abuse was issued, when I left my apartment on one occasion,
he told me he would jump on me. And later that afternoon, I
got down to my car, and he ran down the steps, and he chased
me out to my car, and told me he could snap my neck at that
point.
Q Could snap your neck?
17
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1 A Could snap my neck.
2 Q You're the neighbor that Angela would spend
3 time with or she would come over to your apartment?
4 A Yeah, she came over to watch the Phillies
5 games.
6 MR. LEONARD: No further questions. Thank
7 you.
8 THE COURT I Mr. Zeigler may have some
9 questions.
10 CROSS EXAMINATION
11 BY MR. ZEIGLER:
12 Q What did I say to you the first time, the
13 first threat?
14 A You said you could jump on me and kill me.
15 Q Did I jump on you?
16 A No, but it was a threat, and I believed you
17 could have went through with it if you wanted to.
1B Q Did I?
19 A No, you didn't.
20 Q Did I snap your neck?
21 A No.
22 MR. ZEIGLER: I have no further questions.
23 MR. LEONARD: No questions, Vour Honor.
24 THE COURT: You may step down. Thank you.
25 MR. LEONARD: Those are all the witnesses we
10
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1 intend to present.
2 THE COURT: Mr. zeigler, this is your
3 opportunity to present the testimony that you want to
4 present.
5 Whereupon,
6 DAVID ZEIGLER
7 having been duly sworn, testified as follows:
B DIRECT EXAMINATION
9 BY THE COURT:
10 Q state your name, please, and spell your last
11 name.
12 A David Zeigler, z-e-i-g-l-e-r.
13 Q And where do you 11 ve?
14 A 1710 Market street, Apartment 11, Camp Hill.
15 Q And what do you wish to say about these
16 allegations?
17 A They're false. Me doing cocaine every day is
1B false. It's a false allegation. And me threatening Jamie
19 Hansarick is false. And the night of May 29th, '94, that
20 was -- Your 1I0nor, I have two arrests. We both got
21 harassment fines for pushing and shoving, and that was
22 about -- she came over from Jamie's around 11:30 p.m. drunk
23 as a skunk, and she wanted to drive, and I wouldn't let her
24 drive because I knew how drunk she was.
25 So eventually I did leave -- I let her leave.
19
1 I let her take her car. And that night, it's on reoord, I
2 called 911 and reported her car leaving, and she was driving
3 it drunk. So I reported that to 911 that night. She came
4 home a half hour later and was flipping out on me because
5 she was drunk. She was just so drunk she didn't even know
6 where she was at. Then she wanted to leave again. I
7 wouldn't let her this time, so she wanted to call the cops,
B and I did leave her call the cops.
9 I did not beat her. I did not grab her. The
10 cops came, and I knew the officer noticed that my shirt was
11 ripped and I had scratches on me, and I tried to tell him to
12 check her car because her car was still warm from driving it
13 for a half hour, and he told me he would. lie never really
14 did. But she pressed charges on me for harassing her, and I
15 pressed charges on her for harassing me. I still have to go
16 to a D.J. for that, but that was all about me not letting
17 her drive.
1B She goes over to Jamie's house every night
19 and drinks and does drugs, and, in my opinion, this is all
20 about the checks that she wrote out to Jamie Hansarick. I
21 was away the beginning of May until like May 20th. I was in
22 Myrtle Beach with my nephew and found out that she packed
23 her things and left. And when I came home, I found out what
24 it was all about. She went up to Allentown to her real
25 parents, and they told her she couldn't stay there unless
20
1 she committed herself into a rehab place.
2 MR. LEONARDI objection.
3 THE COURT: What's your basis for saying
4 that?
5 THE WITNESS I She was doing cocaine with Mr.
6 lIansarick.
7 TilE COURT I Did she tell you that?
B TilE WITNESS: Yes, she did. She asked me if
9 she--
10 TilE COURT: The objection is overruled.
11 THE WITNESS: She asked me if she could come
12 back home. I have checks here that she wrote out between
13 the 12th and the 20th that I had no knowledge of, and she
14 signed my name to my checks. And most of them are to James
15 lIansarick, and believe me, they didn't buy groceries with
16 it. If you want to look at them
17 TilE COURT: Well, first you have to show them
1B to opposing counsel.
19 TilE WITNESS: They're copies. Somebody
20 intercepted my bank statement before they left, and somehow
21 they're just trying to turn everything around to make me
22 look like I have the one with the cocaine abuse, and I'm
23 not. This is all because she doesn't want to get in trouble
24 for these checks, so she's trying to put me on the spot and
25 get this restraining order so I can't do anything.
21
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1 I'm going to live in fear for a year, and I
2 won't be able to press charges because at any time Jamie and
3 Angie can just sit back in their apartment a couple feet
4 away from me and just call the cops at any time and say,
5 Dave Zeigler is harassing us, and I'll be thrown in jail.
6 The day I harassed her at work, all I told her, I was going
7 to press charges for the checks if you don't come take your
B cats. That's all that was about. And she's trying to say
9 that I was just calling her at work threatening her. Well,
10 I was threatening her with these checks. And then the next
11 day, Mick is knocking on my door giving me this paper for
12 abuse, and it's not true.
13 THE COURT I Do you want those marked as an
14 exhibit?
15 THE WITNESS: Yes.
16 THE COURT: All right.
17 THE WITNESS I They're not the actual checks
1B though.
19 THE COURT I That's all right. We'll ask the
20 stenographer to mark those as Defendant's Exhibit 1.
21 (Whereupon,
22 Defendant's Exhibit No. 1
23 was marked for identification.)
24 TilE COURT I Is there any objection to the
25 admission of Defendant's Exhibit 1?
22
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1 MR. LEONARDI I object on relevance, Your
2 Honor.
3 THE COURT: Defendant's Exhibit 1 is admitted
4 over objeotion.
5 (Whsreupon,
6 Defendant's Exhibit No. 1
7 was admitted into evidence.)
B TilE COURT I Did you have anything else you
9 wish to say?
10 THE WITNESS: I just wanted to eay I did not
11 threaten James lIansarick. And I would like to say that this
12 is all because Angie left me for Jamie. She's living there
13 now. She's not living in Bainbridge. She's been at his
14 apartment every day, every night, since this has been going
15 on.
16 THE COURT I Okay. Any questions of this
17 witness?
1B MR. LEONARDI Yes, Vour Honor.
19 CROSS EXAMINATION
20 BY MR. LEONARD:
21 Q Mr. Zeigler, I didn't hear you deny the tact
22 that on at least two occasions in May, it is alleged that
23 you grabbed Angela by the mouth. Did you do that?
24 A No, I did not.
25 Q Somebody grabbed her by the mouth to the
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point where her teeth were shoved into her lip. Did you do
that?
A No, I did not.
Q Somebody put bruises
A Does she have medical --
THE COURT: Now, you can't ask questions.
This is his chance to ask you questions.
THE WITNESS: Okay.
BY MR. LEONARD:
Q Somebody put bruises on her arms. Did you do
that?
A I know there was not really a fight, but I
was trying not to let her drink and drive. And eventually,
I did leave her go, and I called 911 on May 29th, '94.
Q Somebody bruised her leg. Did you have
anything to do with that?
A Her leg hit the bed.
Q Why did her leg hit tho bed?
A I don't know. She tripped over my weights.
My weights are sitting there right at the foot of my bed.
Q So all of these injuries were either
self-inflicted or caused by somebody else?
A Nobody else. It was an accident. She was
drunk.
Q Mr. Zeigler, you told us --
24
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/"'.
A
Q
every day?
A
Q
A
Q
cocaine?
A
Q
A
Q
A
25
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f
1 a piece of paper?
2 THE COURT: All right.
3 (Whereupon,
4 Defendant's Exhibit No. 2
5 was marked for identif ication. )
6 THE COURT: Mr. zeigler, you're still under
7 oath, and I have in front of me Defendant's Exhibit 2, which
8 is your name written on a piece of paper. Is that your
9 signature?
10 THE WITNESS I Ves, it is.
11 THE COURT: Is there any question that you
12 have, counselor, as a result of Mr. Zeigler'S submission of
13 Exhibit 2?
14 MR. LEONARDI No, Vour Honor.
15 THE COURT: Is there any objection to the
16 admission of Defendant's Exhibit 2.
17 MR. LEONARDI No, Vour Honor.
1B THE COURT: Defendant's Exhibit 2 is admitted
19 without objection.
20 (Whereupon,
21 Defendant's Exhibit No.2
22 was admitted into evidence.)
23 THE COURT: Any further witnesses, Mr.
24 Zeigler?
25 MR. ZEIGLER I No.
26
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1 THE COURT: Anything further from Plaintiff's
2 side?
3 MR. LEONARD: No, Your Honor.
4 THE COURT: All right. We'll take a short
5 reoess, and I'll make a ruling.
6 (Whereupon, a recess was taken at 10:07 a.m.
7 and proceedings reconvened at 10:20 a.m.)
B THE COURT: We'll enter this Order.
9 (Whereupon, the following Order of Court was
10 entered. )
11 ORDER OF COURT
12 AND NOW, this 1Bth day of July, 1994, upon
13 consideration of the Plaintiff's Petition for Protective
14 Order under the Protection From Abuse Act, and following a
15 hearing at which both parties testified, it is ordered,
16 adjudged, and decreed as followsl
17 The court finds that the allegations of the
1B Plaintiff's Petition with respect to abuse have been proven
19 by a preponderance of the evidence and that the Defendant
20 has committed abuse as alleged in the Petition in the form
21 of the placement by physical menace of the Plaintiff in fear
22 of imminent serious bodily injury. consequently, it is
23 further ordered as follows:
24 1. The Defendant, David Lee Zeigler, is
25 enjoined from physically abusing the Plaintiff, Angela M.
27
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1 Brodowski, or placing her in fear of abuse.
2 2. The Defendant is enjoined from damaging any
3 personal property or real estate owned by the Plaintiff or
4 leased by her.
5 3. The Defendant shall have no contact, direct
6 or indirect, with the Plaintiff, including telephonic and
7 written communications. However, nothing in this provision
B is intended to prevant the Defendant from commencing
9 litigation or causing a prosecution of the Plaintiff to be
10 commenced with respect to certain checks which the Defendant
11 alleges were forged by the Plaintiff nor is it intended to
12 prevent service of papers upon the Plaintiff in connection
13 with said prosecution or suit.
14 4. The Defendant is enjoined from harassing
15 the Plaintiff or stalking the Plaintiff.
16 5. This Order shall remain in effect for a
17 period of one year.
1B 6. The Camp Hill Police Department will be
19 provided with a copy of this Order by Plaintiff's attorney
20 and may enforce this Order by arrest for indirect criminal
21 contempt without warrant upon probable cause that this Order
22 has been violated, whether or not the violation is committed
23 in the presence of the police officer. In the event that an
24 arrest is made under this Order, the Defendant shall be
25 taken without unnecessary delay before the Court that issued
2B
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the Order. When that court io unavailable, the Defendant
shall be taken before the appropriate District Justice (23
P.S. Section 6113).
By the court,
Isl J. Weslev oler. Jr.
J.
THE COURT: That's the Order. So
hopefully --
MR. ZEIGLER: Can I appeal?
THE COURT: You certainly have a right to
appeal. And, hopefully, this order will represent a
cooling-off period where both parties can get on with their
lives.
MR. ZEIGLER I How will I be able to press
charges with the checks now because now I have to live in
fear for a whole year that now she can say at any time that
I'm harassing her? She's living across the hall.
THE COURT I She would have to prove that,
however. It's not enough to say --
MR. ZEIGLER I She'll just have Jamie lie for
her.
THE COURT: She'd have to prove it. That's
the order. Okay. Court's adjourned.
MR. ZEIGLER I Does she have to take her cats?
THE COURT I What is the situation with the
29
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1 oats?
2 MR. ZEIGLER: She has two black cats of hers
3 that are at my apartment, and she will not take them.
4 MS. BRODOWSKI I I didn't want to come back up
5 to the apartment.
6 TilE COURT I Can a third party handle the
7 transfer of the cats?
B MS. BRODOWSKI I I can ca 11 the humane
9 society.
10 MR. ZEIGLERI They're all booked up.
11 THE COURT I Are they his cats or are they
12 your cats?
13 MS. BRODOWSKI I They were mine last year.
14 They've been there for a while.
15 THE COURT: TheY're your cats.
16 MR. LEONARDI Vour Honor, she's liVing with
17 foster parents.
18 MR. ZEIGLER: She's living with Jamie across
19 the hall. She's not liVing with her foster parents.
20 THE COURT: It seems to me they shouldn't be
21 Mr. Zeigler'S problem if they're your cats. So let's figure
22 that out now before we have an article in the newspaper
23 about some tragedy about how these cats aro going to be
24 transferred.
25 MR. ZEIGLER: I care about the cats, and 1
30
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1 really don't want to take them to the humane sooiety. I
2 just want her to take them out of the apartment.
3 MR. LEONARD: Why don't I take the cats?
4 MR. ZEIGLER: Mick can take the cats.
5 THE COURT: When will that be done?
6 MR. LEONARD: Right now.
1 MR. ZEIGLER: She's putting on an act.
8 THE COURT: I've heard both your positions,
9 And this Order, whether it's necessary or not, should work.
10 MR. ZEIGLER I All right.
11 THE COURT: Court's ad j ourned.
12 (Whereupon, the proceedings conoluded at
13 10130 a.m.)
14
11)
16
17
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19
20
21
22
23
24
25
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C E R T I F I CAT ION
I hereby certifY that the proceedings are oontained
fully and accurately in the notes taken by me on the above cause
and that this is a correct transcript of same.
n
Wendy c.
Official
---~-------------------------
The foregoing record of the proceedings on the hearing
of the within matter is hereby approved and directed to be
filed.
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