COMMONWEALTH OF PENNSYLVANIA OFFICE OF OPEN RECORDS
May 4, 2009
Via Facsimile
Keith Mooney, Esquire Barley Snyder LLC
50 North Fifth Street P.O. Box 942
Reading, PA 19603-0942
Re: AP 2009-0272, Marmov. Kutztown Borough ("Borough") Dear Solicitor Mooney:
I received your correspondence faxed on May I st which continues explaining your conclusion that the Purchase Order is not a "record" due to lack of official action upon it.
However, the Borough's responses remain unreconciled as to whether the requested Purchase Order, or record of the Purchase Order, exists or not. To.the extent that the record does not exist, kindly supply an attestation by the records custodian, or other person with knowledge, in conformity with 42 Pa. C.S. §6103 swearing to the lack of a record.
As your response to my request for supplementation focused upon the "record" definition defense, absent an attestation being faxed to my attention by close of business May 5th, the OaR will accept your May 1st Letter as confirming the definition as the Borough's sole defense.
Thank you in advance for your anticipated cooperation with this matter.
Very truly yours,
~6'L-.
Lucinda Glinn Appeals Officer
cc. Gennaro A. Marino
Mr. Gennaro A. Marino
409 West Main Street Kutztown, P A 19530
Commonwealth Keystone Building I 400 North Street, 4th Floor Harrisburg, Pennsylvania 17120-0225
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