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HomeMy WebLinkAbout94-03741 ), fl 'r ? , (, .fl N , 0/) '7 j l/} 3 o J .~ .~;~ , ."I f ! I I I ~ '- ~ ~ ,~ , '" j" - -:r r- ('() , j" / 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, /1 '? -J. w~~af . J. v, : 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 . ~ 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 ') 1'1 , 'I DATE:Ji#- I ,I jj \1 . ANGELA M, BRODOWSKI, PLAINT"'F : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . I 'J!' j r/ ~}I~~t!.k"..l/ . x:....., U1A.;,.{ 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 . f~ ~ . ~ t f2 -::r .", ~ - :~. ~. .. ;:;: :'\-; ~ Qo .; .. 0 b.. ~ .." " ~ :.l C i"l) - 0 r"'J ~ ~ - V; ,-...., ~ ~ -,l ':)- 0 ~1 ..lol. 3- ....., CJ ~ -..- ~ 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. , i ~,~) .". I'::, ~;:_' I , L , JUl ZS 10 50 4H '9~ f L"! nI'Fll'E or r,IE 1"11 rrlON114~Y r.UI!H~LAHlJ COl.ikTr ~r NNSYI ,'AHIA 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 - C~u-., ","",~.lt..L '1/.l.!./'t'f' ..&f. wcy .. ~ 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 . tr..\ ,j' I.i"'. D., A~Vl "Ol>!' 3nii t' ,ill I,-tfin .1 DAVID ZEIGLER, PRO SE 116. ~~ st II 21 on~ .-. 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 '""' I""""' 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? 4 ,- 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. 6 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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? 7 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 '...... I""""' 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 B 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 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 ......... /._' 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 -- 10 .'--' r 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 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 r"' 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 ''"\ ~ 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? 13 ~ ., 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 14 " .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 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 -- 16 "\ r 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 1B 19 20 2l 22 23 24 25 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 '"""\ ,..-. 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 ........ 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 , r- 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 ~ -, 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 23 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 ., I'"' 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 '"'\ /"'. A Q every day? A Q A Q cocaine? A Q A Q A 25 -\ 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 " r 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 --- ~ 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 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 '"\ " 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 ,- 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 , r. 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 1B 19 20 21 22 23 24 25 31 "' r 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. ''I ~/ '( 32 .-A-' ~l_.. .. . ... I'IjIflll03 838 ,----:J.d~1i '~~_~~__...J s //iJ. JIl , ,," . ilbl':~9I\1' , ~~Mr - .--- -- llII t~!ANK I" ~~~~:11~1~~" IE 7.// .............r~ .'0 "Ian / Jiilid.j;;t,~ ~~'~;3'&~?3B~: Db l~~' 511,0 'j l~[,II' .~~-~OOO... ~VlO L, ZEIGLER I2:IIlNOOt " , 11'I 0 1IIiYI~,""".70 - .\ , ~ . -. 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