HomeMy WebLinkAbout00-02721
.t.-,
TAKIYA KELLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
00-2721 CIVIL TERM
ROBERT LEE ANDERSON, JR.,:
Defendant
INDIRECT CRIMINAL CONTEMPT
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings held before the HONORABLE
EDWARD E. GUIDO, J., Cumberland County
Courthouse, Carlisle, Pennsylvania, on
Wednesday, October 25, 2000, in Courtroom
Number Five.
APPEARANCES:
Mary-Jo Mullen, Esquire
Assistant District Attorney
For the Commonwealth
Jessica Becker, Esquire
Assistant Public Defender
For the Defendant
INDEX TO WITNESSES
FOR COMMONWEALTH
Tokiya Keller
off. Jeffrey D. Kurtz
DIRECT CROSS REDIRECT RECROSS
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FOR THE DEFENDANT
Robert Lee Anderson, Jr.
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1 THE COURT: Good afternoon.
2 MS. MULLEN: Good afternoon, Your Honor.
3 THE COURT: We have an allegation of a
4 violation of a protection from abuse order. Are you ready
5 to proceed, Ms. Mullen?
6 MS. MULLEN: We are, Your Honor.
7 THE COURT: Are you ready to proceed?
8 MS. BECKER: Yes, we are, Your Honor.
9 THE COURT: Okay. Call your first witness.
10 MS. MULLEN: We call Takiya Keller.
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Whereupon,
TAKIYA KELLER
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. MULLEN:
Q
name?
A
Q
A
Q
A
year.
Q
Anderson?
Miss Keller, could you please state your
My name is Takiya Keller.
What's your phone number, Takiya?
258-0263.
How long have you had that phone number?
Since around October or November of last
Do you know the defendant, Robert Lee
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Q
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Anderson?
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girlfriend?
A
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that right?
A
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A
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month?
A
my home.
Q
;..,.......
Yes, I do.
Is he in court today?
Yes, he is.
Could you please point him out for us?
He's sitting over there.
Takiya, how long have you known Mr.
Since I was sixteen.
How old are you now?
Twenty-one.
Did the two of you used to be boyfriend and
Yes.
At some point he was living with you; is
Yes, he was.
How long did he live with you?
For maybe seven months.
When did he move in? Do you remember what
It was maybe three weeks after I moved into
That would be around, again, October or
24 November of '99?
25 A Right.
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Q
-
Is that around the same time that you got
It was Easter.
Easter.
The day of
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A
Q
of your home?
A
Easter.
Q
A
Q
Easter?
A
night.
Q
That was Easter of this year, 2000?
Right.
Where did he live after he moved out on
He was arrested.
He went to jail that
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Okay.
Did he stay in jail until he was
15 recently released?
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A
I believe so.
17 Q Were you notified when he was released from
18 Cumberland County Prison?
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A
Q
Yes, I was.
Now, shortly after you were notified that
21 the defendant was released from Cumberland County Prison,
22 did you get a telephone call from him?
23 A Yes, I did.
24 Q Approximately how much time went by from the
25 time you were notified that he was getting released to the
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1 time you got the phone call from him?
2 A I believe it was like a day or two after he
3 had gotten out.
4 Q A day or two?
5 A Right.
6 Q Okay. Do you remember what time of day you
7 received this phone call?
8 A It was around 7:10 to 7:20 p.m.
9 Q Takiya, could you just tell us what exactly
10 transpired during this phone call?
11 A Okay. I was sitting there watching TV and
12 my phone rang. I answered my phone and I said hello. I
13 did not hear anything. I said hello again, and did not
14 hear anything. Then I heard Robert on the phone. He was
15 like, hum, I'm sorry, I have the wrong number, and then
16 hung up.
17 Q During the seven months that the defendant
18 lived with you, did you and he use the same telephone?
19 A Yes, we did.
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Q
A
Q
A
That telephone number was 258-0263?
Q
A
Yes, it was.
Do you know whether he has any aunts?
Yes, he does.
How many aunts does he have?
That I know of, like four. Three or four.
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Q Any of them live locally?
A Yes, they do.
Q Do you know any of their phone numbers?
A Yes, I do.
Q Do you know what exchange their phone
numbers start with?
A
Q
243 and 249.
To your knowledge do any of his aunts have
9 phone numbers that start with 258?
10 A Not to my knowledge, no.
11 MS. MULLEN: Thanks, Takiya. Those are all
12 of the questions that I have. Defense counsel may have
13 some for you.
14 THE COURT: Miss Becker.
15 CROSS EXAMINATION
16 BY MS. BECKER:
17
Q
Miss Keller, the 258-0263 was that the only
18 phone number at your house?
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20
A
Yes, it is.
Q
And that was the only phone number when Mr.
21 Anderson lived there as well?
22 A Yes.
23 Q You said when you answered that there was
24 silence. Was it a couple seconds of silence?
25 A You mean the second time I said hello?
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Both times.
The first time I said hello.
I didn't hear
anything.
Then I paused, and then I said hello again,
4 and still 1 didn't hear anything, and then that's when he
5 came on and said, oh, I'm sorry. I have the wrong number.
6 Q And those were the only words said, your two
7 hellos and his sorry he had the wrong number?
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Q
Right.
And the whole conversation was ten, fifteen
10 seconds? Something like that?
11 A Right.
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MS. BECKER:
THE COURT:
MS. MULLEN:
THE COURT:
I have no further questions.
Anything else, Miss Mullen?
No redirect.
Thank you, ma'am.
You may
16 step down. Any other witnesses?
17
MS. MULLEN: Yes. We call Officer Kurtz.
18 Whereupon,
19 OFF. JEFFREY D. KURTZ
20 having been duly sworn, testified as follows:
21 DIRECT EXAMINATION
22 BY MS. MULDEN:
23
Q
Officer Kurtz, can you please state your
24 full name?
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A
My full name is Jeffrey D. Kurtz. The
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1 spelling of the last name is K-u-r-t-z.
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year?
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Keller?
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described?
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Q
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Yes, I did.
That was the complaint that Miss Keller just
Yes.
Do you recall what time of day you received
14 a phone call from her?
15 A Approximately 7:15 to 7:20 p.m.
16 Q Do you know the defendant in this case,
17 Rocky Anderson?
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A
Yes, I do.
Q
Robert Lee Anderson?
A
Yes.
Q
Does he commonly go by the nickname Rocky?
A
Yes.
Q
Did you happen to see him the day after you
24 received this complaint from Miss Keller?
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A
Yes, I did.
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18 the purpose of the call or which aunt he was trying to
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1 Q Did you speak with him that time regarding
2 this complaint?
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Q
A
Yes, I did.
What did he have to say?
I had asked him just a couple quick
6 questions about this, and he had stated that he had, in
7 fact, called, and basically said he had called the wrong
8 number.
Q
Did he tell you what time of night he called
Miss Keller?
A
I had asked him if he was on break sometime
between 7 and 7:30, and he said yes.
Q Did he offer you any explanation as to why
he had called the wrong number?
A He stated he was trying to get a hold of one
of his aunts, and he dialed the wrong number.
Q Did he volunteer any information regarding
reach?
A
No.
21 MS. MULLEN: Thank you, Officer Kurtz.
22 Nothing further.
23 THE COURT: Cross-examine
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CROSS EXAMINATION
BY MS. BECKER:
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Officer Kurtz, Mr. Anderson did indicate to
2 you that the call was a mistake, correct?
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5 Your Honor.
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9 step down.
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12 testimony?
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Yes.
MS. BECKER: I have no further questions,
THE COURT: Anything else?
MS. MULLEN: No redirect.
THE COURT:
Thank you, Officer.
You may
MS. MULLEN: We rest, Your Honor.
THE COURT: Do you wish to present any
MS. BECKER: Your Honor, we call Robert
14 Anderson to the stand.
15 Whereupon,
16 ROBERT LEE ANDERSON
17 having been duly sworn, testified as follows:
18 DIRECT EXAMINATION
19 BY MS. BECKER:
20
Q
Mr. Anderson, could you please state your
21 full name for the record?
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Q
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Q
Robert Lee Anderson, Jr.
And do you commonly go by Rocky?
Yes, ma'am.
Okay. Rocky, where were you on October 12th
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1 of this year in the evening?
2 A I was working at Cleanteam Building
3 Services,Roadway Division, down on Carlisle Pike.
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Were you there around 7:00 that evening?
Yes, ma' am.
And around 7:00 did you make a phone call?
Yes, I did.
Who did you call?
9 A I was trying to call my Aunt ala's house
10 because my Aunt Flora was working until 12:30 that night,
11 and I needed a ride home. I wanted to leave right at
12 eleven and get home and get to sleep.
13 Q So you were calling your aunt to ask her to
14 pi.ck you up?
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Q
Yes.
And what happened?
Did you call the
17 correct number?
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A No. I dialed it so quick. I was so
accustomed when I called home to dial the number. I didn't
know whose house it was until I heard the voice. My heart
dropped to my stomach when she said hello, and I said I'm
sorry. I got the wrong number, and I hung up.
Q
A
Q
When were you released from jail?
The 12th of October.
The same day as the phone call?
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A Yeah, I believe so.
Q And how long had you been in jail ?
A For five months.
Q When were you put in jail ? Any particular
day?
A April 23rd, 2000.
Q And that was Easter day?
A Yes.
Q So you had been in jail since Easter day
until the day of this phone call?
A
Yes.
12 Q And where were you living immediately before
13 you were put in jail?
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A
Well, I had just moved out, but I was living
15 with Takiya Keller.
16 Q And Takiya Keller is the number that you
17 called by mistake?
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A
Q
Yes, ma'am.
You didn't call her back since then, have
you?
A
No, ma'am.
22 MS. BECKER: I have no further questions.
23 CROSS EXAMINATION
24 BY MS. MULLEN:
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Q
Sir, you lived with Takiya Keller ever since
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1 the time she got her current telephone number; is that
2 right?
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Yes, ma'am.
And that was your telephone number up until
Easter when you got put in jail?
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A Yes, ma'am.
Q You admit making this phone call right after
you got out of jail?
Yes.
It was an accident.
A
Q
You were trying to reach your aunt.
I'm
11 sorry. r missed her name. Ola?
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Yes.
Could you spell that?
O-l-a.
O-l-a.
Woods.
What's her last name?
It used to be Brown.
W-o-o-d-s?
Yes.
What's her telephone number?
241-4236.
Is that listed in the phone book?
No, it's a private number.
THE COURT:
We have a phone available.
24 BY MS. MULLEN:
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Is your aunt in court today?
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No, she's not.
Q You were calling her for a ride home from
work; is that right?
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A Yes.
Q Does she typically drive you home from work?
A No. I had just started. I had just came
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home that day and started so ...
How did you get to work that day?
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would get home?
work?
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My Aunt Flora.
Your Aunt Flora?
Yes.
Does she live with Aunt ala?
No.
It's two different residences.
How did you and Aunt Flora decide that you
Did you two talk about that on the way to
19 was like trying to rush at lunch to call home, and my boss
20 and everybody was present.
21 Q So you asked your Aunt Flora for a ride to
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Yes.
Q
But you didn't think to ask her for a ride
25 home from work?
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No.
Did your Aunt Ola know where you worked?
Yes.
Is she usually up at 11:00 at night?
Yes. It's a house of like ten people.
Did you own a car at that time?
No, ma'am.
Do you mind if we give your Aunt 01a a call
9 to confirm that telephone number?
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A
No, I don't.
11 (Whereupon, the following occurred during a
12 phone call to Ola's house:)
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15 Woods, please?
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22 number is?
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TELEPHONE RECIPIENT: Hello.
MS. MULLEN: Hello. Could I speak with Ola
TELEPHONE RECIPIENT: Who?
MS. MULLEN: Ola Woods.
TELEPHONE RECIPIENT: She's at work.
MS. MULLEN: She's at work?
TELEPHONE RECIPIENT: Yeah.
Who's calling?
MS. MULLEN: Do you know what her work
TELEPHONE RECIPIENT: Who is this?
MS. MULLEN: This is the Cumberland County
25 District Attorney's Office.
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TELEPHONE RECIPIENT: Yeah.
Her work
2 number is 249-1919.
3 MS. MULLEN: Okay. Thank you.
4 TELEPHONE RECIPIENT: U-huh.
5 (End of telephone call.)
6 THE COURT: Well, we have confirmed that
7 that's Ola Woods phone number.
MS. MULLEN: Okay.
BY MS. MULLEN:
Q Sir, have you ever called your home phone
number by accident before?
A What's that?
Q Have you ever called your own phone number
by accident other than this one time?
A I do that a lot, like you dial a number, and
you dial the wrong number.
Q You dial your own home phone number instead
of somebody else's?
A
Q
A
Yes.
You've done that?
Yes, ma'am.
MS. MULLEN: Thank you. Nothing further.
THE COURT:
Redirect.
24 REDIRECT EXAMINATION
25 BY MS. BECKER:
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Rocky, what was your Aunt Flora doing that
2 night that you needed to call your Aunt Ola for a ride
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3 home?
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8 Your Honor.
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BY MS. MULLEN:
Q
until 12:30?
A
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shift.
22 down.
23
24 witnesses.
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She was working.
And how late was she going to be working?
12:30.
MS. BECKER: I have no further questions,
THE COURT:
Anything else, Miss Mullen?
RECROSS EXAMINATION
When did she tell you she would be working
I knew that.
You just knew it?
Urn-hum.
She never told you?
I used to work with her. So I know her
MS. MULLEN: Nothing further.
THE COURT:
Thank you, sir.
You may step
MS. BECKER:
Your Honor, we have no further
THE COURT:
Any rebuttal, Miss Mullen?
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MS. MULLEN: No, Your Honor.
THE COURT: Any argument?
3 MS. BECKER: Your Honor, I would just argue
4 that Mr. Anderson obviously called Miss Keller by mistake.
5 It was the last number he had been living at. He dialed
6 it mistakenly. He didn't do anything wrong when she
7
answered. He paused when she answered.
It was obvious he
8 was thinking, uh-oh, I called the wrong number. He even
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apologized.
He's admitted all along it was a mistake.
THE COURT: Miss Mullen.
MS. MULLEN: Your Honor, it's an unfortunate
12 coincidence that this phone call was placed within a day or
13 two after the defendant got out of jail. I think the
14 defendant knows just where the line is, and he thinks that
15 he can get away with it because he thinks he can call the
16 victim and intimidate her and get away with it.
17 It's really unlikely that somebody would
18 call their own home phone number by accident when they're
19 trying to reach somebody else. The victim's phone number
20
is nowhere near his aunt's phone number.
He testified
21 that he didn't know he dialed the wrong number until he
22 heard a voice, but he didn't hang up right away. He
23 paused, and he waited for the victim to say hello again.
24 He paused a second time, and then he hung up.
25 The order said no contact and no telephone
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1 calls, and because he made contact and made that telephone
2 call he should be found in violation of the order.
3
THE COURT:
We'll enter the following
4 order:
5 AND NOW, this 25th day of October, 2000,
6 after hearing, we find the Defendant to be in violation of
7 our prior order dated May 12, 2000, and he is adjudicated
8 to be in contempt.
9
THE COURT: Does your client wish to be
10 sentenced today or does he wish to have a presentence
11 investigation report done?
12
MS. BECKER: Your Honor, we would request
13 immediate sentencing.
14
THE COURT:
Okay.
Do you want to step
15
forward?
Tell me something about your client.
16
MS. BECKER:
Your Honor, at this time Mr.
17
Anderson is working 48 hours a week at Roadway.
He's
18 living at --
19
THE COURT:
How much are you earning, Mr.
20 Anderson?
21
THE DEFENDANT:
$7.35 an hour.
$14.35
22 overtime.
23
THE COURT:
When will you make the $14.35?
24
THE DEFENDANT:
On overtime.
25
THE COURT:
Okay.
Will they take you on
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1 work release, sir?
2 THE DEFENDANT: Yes.
3 THE COURT: So if I send you to jail today
4 I should authorize work release?
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THE DEFENDANT: Yes.
THE COURT:
MS. BECKER:
Okay.
And, Your Honor, he's living
at home with his family, and he doesn't want any further
contact with Miss Keller. This was a mistake on his part,
and he doesn't want to do it again.
THE COURT: Miss Keller, has he contacted
you since the 12th of October?
MS. KELLER: No, he hasn't.
THE COURT: He has not?
MS. KELLER: Since the 12th, no, he hasn't.
THE COURT: Since this night?
MS. KELLER: Excuse me?
THE COURT: He has not contacted you since
this night?
MS. KELLER: No.
THE COURT:
Okay. The child that you have,
22 is that his child also?
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24
MS. KELLER: No, it isn't.
THE COURT:
Okay.
So you don't have
25 anything with this woman; is that correct?
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THE DEFENDANT:
No, sir.
Anderson.
THE COURT: Let me tell you something, Mr.
I do not believe in accidents at all. My gut
4 reaction is to send you to jail today for 6 months because
5 that's the penalty for violating my order.
6 Now, when I tell you that I want you to have
7
no contact with this woman, that means no contact.
That
8 means no contact by phone, no contact by letter, no contact
9 by third persons, no contact by smoke signal, no contact
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12
any way at all.
Do you understand that?
THE DEFENDANT:
Yes, sir.
THE COURT:
Okay.
Now, explain to me what
13 part of that you don't understand.
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THE DEFENDANT: I understand it fully, sir.
THE COURT: You understand it fully.
16 THE DEFENDANT: Yes, sir.
17 THE COURT: Okay. If you see her on the
18 street, your obligation is to turn around and run the other
way.
Do you understand that?
THE DEFENDANT:
Urn-hum.
19
20
21 THE COURT: If you make a wrong phone call,
22 your obligation is to hang up before you say a word.
23 Okay? As a matter of fact, if you make a wrong phone call
24 again you're going to go to jail. So you had better dial
25
carefully. Do you understand that?
Is that a yes?
22
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THE DEFENDANT:
Yes, sir.
THE COURT:
Okay.
Anything else you want
3 to say before I impose sentence?
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MS. BECKER: No, Your Honor.
THE COURT: Anything you want to say Miss
Mullen?
MS. MULLEN: No, Your Honor. Miss Keller,
8 do you have any further comments?
9
MS. KELLER:
No, I don't.
1: just want him
10 to stay away from me.
11
THE COURT:
I guarantee you he will do
12 that, ma'am. If you see him on the same street as you, if
13 he looks at you, if he so much as says hello to you, you
14 call the police, and I will put him in jail. Is that
15 clear?
16 MS. KELLER: Thank you.
17 THE DEFENDANT: Yes, sir.
18 THE COURT: Okay. If he calls your phone
19 again, you call the police, and I will put him in jail.
20
21
MS. KELLER: Thank you.
THE COURT: If he gives you a message
22 through one of his aunts or through anybody, you call the
23 police, and I will put him in jail. Is that clear?
24
25
THE DEFENDANT:
Yes, sir.
THE COURT:
Okay. I don't want to put you
23
1 in jail. You've got a good job. But, I will because
2 that's my job. All right? So we'll enter the following
3 order:
4 AND NOW, this 25th day of October, 2000, the
5 Defendant having presented himself for sentence, and having
6 waived a presentence investigation report, sentence of the
7 Court is that the Defendant undergo a period of supervised
8 probation for 6 months subject to the following express
9 conditions:
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11
12
1. That he maintain full-time employment.
2. That he not have any contact whatsoever
with Takiya Keller or her child, Tah-zhon Keller.
No
13 contact whatsoever means no contact, in person, by phone,
14
by letter.
He is not to be within 500 feet of Takiya
15 Keller under any circumstances whatsoever.
16
17
3. He shall be and remain on good behavior.
4. He shall comply with the other
18 directions of his parole officer.
19 Are you currently on parole, Mr. Anderson?
20
THE DEFENDANT:
Yes, sir.
21 THE COURT: Okay. I want you to go right
22 downstairs now. Check in with your parole officer. Let
23 him know that I have you under parole for the next 6
24 months. Explain that to him.
25
THE DEFENDANT:
Yes, sir.
24
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THE COURT: I don't want to see you again.
THE DEFENDANT: Yes, sir.
THE COURT: All right? Good.
MS. MULLEN:
Your Honor, I don't know
whether you ordered that he pay the costs of prosecution.
THE COURT:
That he pay the costs of
prosecution and be placed on a period of supervised
probation for a period of 6 months subject to those
conditions.
MS. BECKER: Thank you, Your Honor.
THE COURT: I want that transcribed and
12 made a part of his file.
13 (Whereupon, the proceedings concluded at 1:43 p.m.)
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause, and that this is a correct transcript of
same.
""
f/lIdJ; A~ ~
Michele A. Eline
Official Court Reporter
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
dir~cted to be filed.
II f,{fdO
Dat~
Edward E. Guido, J.
Ninth Judicial District
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TAKIY A MONIQUE KELLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor child, : CUMBERLAND COUNTY, PENNSYLVANIA
TAE-ZHON KELLER,
vs.
ROBERT LEE ANDERSON, JR., : NO. 2000-2721 CIVIL TERM
(AK.A ROCKY ANDERSON)
Defendant : PROTECTION FROM ABUSE
I
FINAL PROTECTION ORDER
Defendant's Name: ROBERT LEE ANDERSON, JR.
(A.K.A. ROCKY ANDERSON)
Defendant's Date of Birth: 03/0Sn7
Defendant's Social Security Number: 205-4S-4672
Names of Protected Persons: TAKIYA MONIQUE KELLER,
and her minor child, TAE-ZHON KET.T .'ER
AND NOW, this I a....)> day of May, 2000, the court having jurisdiction over the parties
and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as foHows:
Plaintifi; TakiyaMoniqueKe1ler, isrepresented by Joan Carey ofLegaI Services, Inc.; Defendant,
Robert Lee Anderson, Jr., (AK.A Rocky Anderson), is unrepresented, but has been advised ofhis right
to counsel in this matter.
Defendant, although agreeing to the terms of this Order, does not admit the allegations made
in the Petition.
(8) Plaintiff's request for a Final Protection Order is granted pursuant to the consent of
Plaintiff and Defendant.
"-.
D Plaintift's request for a Final Protection Order is denied.
(8) 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other
protected person in any place where they might be found.
COMMONWEALTH'S
EXHIBIT
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o 2. Defendant is completely evicted and excluded from the residence at 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.
o On_ at _.m., Defendant may enter the residence to retrieve hislher clothing and
other personal effects, provided that Defendant is in the company of a law enforcement
officer when such retrieval is made.
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129 3. Defendant is prohibited from having ANY CONTACT with Plaintiff and/or her
minor child at any location, inclnding, bnt not limited to, any contact at Plaintiff's current
residence, and any other residence she may, in the future, establish for herself, her school,
business, her place of employment and/or the day care facility of her minor child. Defendant
is specifically ordered to stay away from the following locations for the duration ofthis Order:
Plaintiff's residence:
103 West North Street, Apt. A
Carlisle, P A
Plaintiff's place of emplovment: Kentucky Fried Chicken
670 North Hanover Street _-
Carlisle, P A
129 4. Defendant shall not contact the Plaintiff by telephone or by any other means,
including third parties.
o 5. Custody of the minor children" shall be as follows: [state to whom primary physical
custody awarded; state terms of partial custody or visitation, if any]( or see attached Custody Order)
o 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law
enforcement agency for delivery to the Sheriffs Office, the following fireanns and/or specific
weapons 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, transferriIIg or acquiring any other firearms
and/or specific weapons for the duration of this Order. Any fireanns and/or 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.
129 8.
The following additional relief is granted as authorized by ~6108 ofthis Act:
-
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This Order shall remain in effect nntil modified or terminated by the Court and
can be extended beyond its original expiration date if the Court finds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff and/or her minor child.
Defendant is enjoined from damaging or destroying any property owned solely
by Plaintiff.
~
,
,
\ Defendant is to refrain from harassing Plaintiff's relatives.
o 9. Defendant is directed to pay temporary support for _ as follows: _' This Order for
support shall remain in effect until a final support order is entered by this Court. However, this
Order sha1llapse automatically if Plaintiff does not file a complaint for support with the Court within
fifteen (15) 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 ~e appropriate party.
o
10.
The costs of this action are waived as to Plaintiff and imposed on Defendant.
o 11. Defendant shall pay $_ to P1aintiffas compensation for P1aintitl's out-otpocket losses,
which are as follows: OR
o Plaintiffis granted leave to present a petition, with appropriate notice to Defendant,
to _ 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
o 1. The Plaintiff or protected personls 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.
o 2. This Order is being entered after a hearing of which Defendant received actual
notice and had an opportunity to be heard.
o 3. Paragraph 1 of this Order has been checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected person/so
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o 4. 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 protected person that would reasonably
be expected to cause bodily injury.
lID 13. \ THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER.
lID 14. AIl provisions of this Order shall expire one year from the date this Order is
entered.
NOTICE TO THE DEFENDANT
~:'...-.
Violation of this Ord~r may result in your arrest on the charge of Indirect Criminal Contempt
which is punishable by.a fine of up to $1,000 and/or ajail sentence of up to six months. 23 Pa.C.S.
~6114. 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, US. Territories, and the Commonwealth of Puerto Rico under the Violence Against Women
Act, 18 U.S.C.~2265. If you travel outside of the state and intentionally violate this Order, you may
be subject to federal criminal proceedings under that Act. 18 U.S.C. ~~ 2261-2262. Ifparagraph 12.
of this Order has been checked, you may be subject to federal prosecution and penalties under the
"Brady" provisions of the Gun Control Act, 18 U.S.C.~922(g), for possession, transport or receipt
of firearms or ammunition.
NOTICE TO LAW
ENFORCEMENTOFmCULS
The police who have jurisdiction over Plaintift's residence OR any location where a violation
of this Order occurs OR where Defendant may be located, sha1l 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.~113.
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 Cumberland
County Sheriff's Department 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; Plaintift's presence and signature are not required to file the complaint.
, I
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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 COURT,
/:<;.J <C:'~ (... Ja-.:L.
Edward E. Guido, Judge
i
This Order is entered pursuant to the consent of Plaintiff and Defendant:
~niq~, Plaintiff
J::;;,Cf::d-
LEGAL SERVICES, INC.
.- 8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
fbL,J l. ~.U.A"'M-l ~
Robert Lee Anderson, Jr., Defend(IiJ.t
(AK.A Rocky Anderson)
T'RUE COpy FROM RECORD
In Testimony whereof, I here unto set my hano
and seaJ of III at CarlIsle Fa.
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TAKIY A KELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
00-2721 CIVIL
ROBERT LEE ANDERSON, JR.,
Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 1..;.1fl day of NOVEMBER, 2000, this Court certifies that
the attached complaint has been properly completed and verified, and there is probable
cause for the issuance of process. In consideration ofthe attached Commonwealth's
Petition, the defendant, ROBERT LEE ANDERSON, JR., is directed to appear for trial
on the charge of Indirect Criminal Contempt before the Court on the ;..a--tJ. day of
N(N r..nJ rIt.. , 2000 at ~' clock A .m. in Courtroom # ~ of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney. If the defendant
cannot afford an attorney, upon request one will be assigned to represent the defendant.
If the defendant wishes assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285. Further, if the
defendant fails to appear, an arrest warrant will be issued.
The Sheriff of Cumberland County is directed to serve this Order and Petition
upon the defendant. The assessment of costs to be determined by the Trial Judge
subsequent to trial.
Edward E. Guido J.
Jonathan R. Birbeck,
Chief Deputy District Attorney
ROBERT LEE ANDERSON, JR.
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TAKlY A KELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
V.
: 00-2721 CIVIL
ROBERT LEE ANDERSON, JR.,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County,
Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal
Contempt:
I. A Protection from Abuse Order was issued by the Court. A true and correct
copy of the Order is attached.
2. The defendant's violation ofthis Order is averred in the attached criminal
complaint.
3. The victim requests the filing of an Indirect Criminal Contempt Charge.
4. The District Attorney's Office approves the filing of this criminal complaint.
5. The Commonwealth is requesting a hearing on the charges of Indirect
Criminal Contempt pursuant to 23 Pa.C.S.A. 9 6113.
6. The plaintiff and/or the defendant may seek modification of the Order based
on the filing of this petition as the Court deems appropriate following the trial
in addition to any other sentence. 23 Pa.C.S.A. 9 6113.
WHEREFORE, the Commonwealth requests the defendant be commanded to
appear before the Court on the charge of Indirect Criminal Contempt.
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COMMONWEA.L TH OF ~ENNSYLVANIA
COUNTY OF CUMBERLAND
09201
SUMMONS
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CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
Mag. Dist.No.;
Address:
1 COURTHOUSE SQ
CARLISLE PA 17013
717 240 6565
DEFENDANT:
COMMONWEALTH OF
PENNSYLVANIA
VS.
DJ Name; Hon.
PAULA P CORREAL
Telephone:
AKA:
NAME and ADDRESS
ROBERT LEE ANDERSON JR
42 W BALTIMORE ST LKA
CARLISLE PA 17013
0000 00
ROCKY ANDERSON
Docket No.:
Date Filed:
OTN:
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Reglslraflon Number
Annual Sticker Number
R.8.A.:
BM 2:3
D.O.B.: 03 08
OLN Number
I PA25679718
200 0 tCf'8t8~~2 CAR
I
1977 8.8.#: 205
SID Number
I 23039621
1642 UCR Number
48 4672
Complaint Number
Complaint Numbers if other Participants
DRING.:
PA0210200
District Attorney's Office _ Approved -Disapproved because:
(The District Attorney may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Com.monwealth prior to filing,
Pa,R,Cr,P, 107,) When the affiant is not a police officer as defined in Rule 51 (C) and the offense(s) charged include(s) a misdemeanor or felony which
does not involve a clear and present danger to any person or the community, the complaint shall be submitted to the attorney for the Commonwealth, who
shall approve or disapprove without unreasonable delay).
{Issue Date)
(SIgnature)
I, (NameofAOlaot) PO JEFFREY D KURTZ BADGE 5
m CARLISLE PD
residing at 53 WEST SOUTH ST CARLISLE PA 17013
do hereby state: (check appropriate area)
1. -K. I accuse the above named defendant, who lives at the address set forth above or,
_ I accuse an individual whose name is unknown to me but who is described as
_ I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I
have therefore designated as John Doe
with violating the ltenallaws of the Commonwealth of Pennsylvania at: CARLISLE
103 W-NOR'TH ST A CARLISLE (Place.PoliticaISubdivision)
in (County) CUMBERLAND on or about 11 13 2000 1903 HRS
Participants were: (If there were participants place their names here, repeating name of above defendant)
2. The acts committed by the accused were:
(Set forth a summary of the facts sufficient to advise the deiendant of the nature of the offense charged, Neither th~ evidence nor the statute
allegedly violated need be cited. nor shall a citation of the statute allegedly violated, by itself, be sufficient. In a summary case, set forth a
citation of the specific section and sub-section of the statute or ordinance allegedly violated).
** INDIRECT CRIMINAL CONTEMPT - CSA1990
CTS
1
THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER
NUMBER 2000-2721
THE ORDER WAS SIGNED BY THE HONORABLE JUDGE GUIDO
THE ORDER WAS DATED 12 MAY, 2000
Copy: District Justice
Defendant
Return of Service
Police
4/97wp
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Page 2
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CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
Defendant Name:ROBERT LEE ANDERSON JR
Docket Number:
THE ACTOR VIOLATED THE ORDER BY BEING WITHIN 500 FT OF TAKIYA
KELLER'S HOUSING AT 103 A W NORTH ST. ANDERSON WAS SEEN STAND-
ING ON BRETZ AV, DIRECTLY ACROSS FROM THE KELLER'S HOUSING AND
LATER WALKING BY.
ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF
PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY,
OR IN VIOLATION OF 6113 A OF THE ACT OF 23
OR THE ORDINANCE OF
3. I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges
I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be
completed and sworn to before the issuing authority.)
4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information
and belief. I certify the complaint has been properly completed and verified, and that there is probable cause
for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes
Code (18 PA. C.S. 4904) relating to unsworn falsification authorities.
Date:
een properly completed and
AND NOW, on this date,
verified, and that there is probable cause for issuanc
(MaglstenalLJlstrlClJ
(Issuing Autnority)
(SEAL)
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CARLISLE PD
PROBABLE CAUSE AFFIDAVIT
INCIDENT NUMBER: 20001100562 CAR
DATE: 11/13/2000
OTN:
PG 1
CHARGE (S) :
23 6113
A
INDIRECT CRIMINAL CONTEMPT - CSA1990
#CTS
1
COMMONWEALTH VS ROBERT
LEE
ANDERSON
JR
INFORMATION:
10/25/2000 AS A RESULT OF ANOTHER PFA VIOLATION, I ATTENDED A
HEARING BEFORE JUDGE GUIDO, WHO TOLD ANDERSON NOT TO BE W/IN
500 FT OF KELLER.
X
11/13/2000 AROUND 1845 TO 1900 HRS, KELLER SAW ANDERSON STAND-
ING ON BRETZ AV, WHICH IS DIRECTLY ACROSS FROM HER HOUSING. W/
KELLER WAS BULLOCK, WHO LIVES UPSTAIRS FROM KELLER. BULLOCK SAW
ANDERSON FIRST AND TOLD KELLER TO GET INSIDE, STAY THERE, LOCK
HER DOORS AND CALL FOR THE POLICE.
X
BULLOCK SAID THAT ANDERSON WAS STANDING W/ A GROUP OF OTHER
MALES AND CALLED OVER TO HER "HI, WHAT'S UP." SHE LAST SAW
HIM WALKING AWAY FROM THE GROUP.
X
PTUM COLLARE WAS W/ ME ON THE CALL. HE THOUGHT THAT HE HAD SEEN
ANDERSON WALKING BY KELLER'S UNIT WAS I WAS INSIDE TALKING TO
HER. PTLM COLLARE ASKED ME IF HE WAS WEARING A CAMOFLAUGE FIELD
JACKET, WHICH I WAS UNSURE OF.
X
AS I ROUNDER THE CORNER ONTO N PITT ST, WE BOTH SAW ANDERSON
WALKING NORTH AROUND W LOCUST AV, WEARING A CAMOFLAUGE FIELD
JACKET. HE WAS W/ HENRY THOMPSON, WHO WAS WALKING A DOG, AND
A FEW OTHER UNKNOWN B/M'S.
X
I WILL HAND DELIVER THE PFA VIOLATION TO THE DA'S OFFICE ON
11/14/2000.
X
I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED
TO ANSWER THE CHARGE (S) I HAVE MADE IN THE ABOVE AFFIDAVIT.
I SWEAR TO, OR AFFIRM, THE
AND BELIEF, AND SIGN IT ON
BEFORE
WITHIN AFFIDAVIT UPON MY KNOWLEDGE,
20_ '
S THAT OF
INFORMATION
OF AFFIANT
~ &rz::-
SIGNATURE & SEAL OF DISTRICT JUSTICE
2 COPIES - DISTRICT JUSTICE
1 COPY - BUREAU OF POLICE
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TAKIY A MONIQUE KFT.T .FR, : IN TIIE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor child, : CUMBERLAND COUNTY, PENNSYLVANIA
TAE-ZHON KELLER,
vs.
ROBERT LEE ANDERSON, JR., : NO. 2000-2721 CIVIL TERM
(AKA ROCKY ANDERSON)
Defendant : PROTECTION FROM ABUSE
\
FINAL PROTECTION ORDER
Defendant's Name: ROBERT LEE ANDERSON, JR.
(A.K.A. ROCKY ANDERSON)
Defendant's Date of Birth: 03/0sn7
Defendant's Social Security Number: 205-4S-4672
.-'
Names of Protected Persons: TAKIYA MONIQUE KELLER,
and her minor child, TAE-ZHON KELLER
.;"p-
AND NOW, this I a day of May, 2000, the court having jurisdiction over the parties
and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as foDows:
P1ainti1l; TakiyaMonique Keller, is represented by Joan Carey ofLegal Services, Inc.; Defendant,
Robert Lee Anderson, Jr., (AKA Rocky Anderson), is unrepresented, but has been advised ofhis right
to counsel in this matter.
Defendant, although agreeing to the terms of this Order, does not admit the allegations made
in the Petition,
r&> Plaintiff's request for a Final Protection Order is granted pursuant tll the consent of
Plaintiff and Defendant.
o Plaintiff's request for a Final Protection Order is denied.
r&> 1. Defendant shaII not abuse, stalk, harass, threaten Plaintiff or any other
protected person in any place where they might be found.
--,"
-.,"
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o 2. Defendant is completely evicted and excluded from the residence at 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.
o On_ at _.m., 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.
\
I:&:> 3. Defendant is prohibited from having ANY CONTACT with Plaintiff and/or her
minor child at any location, including, but not limited to, any contact at Plaintiff's current
residence, and any other residence she may, in the future, establish for herself, her school,
business, her place of employment and/or the day care facility of her minor child. Defendant
is specifically ordered to stay away from the following locations for the duration ofthis Order:
Plaintiff's residence: 103 West North Street, Apt. A
Carlisle, P A
Plaintiff's place of emnlovment: Kentucky Fried Chicken
670 North Hanover Street
Carlisle, P A
I:&:> 4. Defendant shaH not contact the Plaintiff by telephone or by any other means,
including third parties.
o 5. Custody of the minor children" shall be as follows: [state to whom primary physical
custody awarded; state terms of partial custody or visitation, if any]( or see attached Custody Order)
o 6. Defendant shall immediately turn over to the Sherifl's Office, or to a local law
enforcement agency for delivery to the Sheriffs Office, the following firearms and/or specific
weapons used or threatened to be used by Defendap.t 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 firearms
and/or specific weapons for the duration of this Order. Any firearms and/or 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.
I:&:> 8.
The following additional relief is granted as authorized by ~6108 ofthis Act:
,~ ~
-~
-
,~
",
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 an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff and/or her minor child.
Defendant is enjoined from damaging or destroying any property owned solely
by Plaintiff.
\ Defendant is to refrain from harassing Plaintiff's relatives.
o 9. Defendant is directed to pay temporary support for _ as follows: _' This Order for
support shall remain in effect until a fina1 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 (15) 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 Plaintifl'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 _ 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
o 1. The 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.
o 2. This Order is being entered after a hearing of which Defendant received actual
notice and had an opportunity to be heard.
o 3. Paragraph 1 of this Order has b~n checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected person/so
, ~
=':'''''''',",
, .
o 4. 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 protected person that would reasonably
be expected to cause bodily injury.
[B) 13. \ THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER.
[B) 14. All provisions of this Order shall expire one year from the date this Onler is
entered.
NOTICE TO THE DEFENDANT
.-
Violation of this Ord!lr may result in your arrest on the charge of Indirect Criminal Contempt
which is punishable by a fine of up to $1,000 and/or ajail sentence of up to six months. 23 Pa.C.S.
~6ll4. Violation mayalso 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, US. Territories, and the Commonwealth of Puerto Rico under the Violence Against Women
Act, 18 U.S.C. ~2265. If you travel outside of the state and intentionally violate this Order, you may
be subject to federal criminal proceedings under that Act. 18 U.S.C.~~ 22t!l1-2262. Ifparagraph 12
of this Order has been checked, you may be subject to federal prosecution and penalties under the
"Brady" provisions ofthe Gun Control Act, 18 US.C.~922(g), for possession, transport or receipt
of firearms or ammunition.
NOTICE TO LAW
ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintift'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.~6113.
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 Cumberland
County Sheriff's Department 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
Plain~ Plaintiffs presence and signature are not required to file the complaint.
. ~~
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"
, .
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 COURT,
/~.J'C:~C~
Edward E. Guido, Judge
\
This Order is entered pursuant to the consent of Plaintiff and Defendant:
~ kJJliA
Takiya onique Keller, Plaintiff
~,o/d-
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
&kJ 2. 0vvJ~..u~
Robert Lee Anderson, Jr., Defen -
(AK.A Rocky Anderson)
TRUE COpy FROM RECORD
In Testimony whereof, I here unto set my haM
and seaJ of id at CarlIslIl PI.
Th ..'~
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. _.'~-,-" ;, '
,
. 1 .... \'
TAKlY A KELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: 00-2721 CIVIL
ROBERT LEE ANDERSON, JR.,
Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this I ~ .it-v day of NOVEMBER, 2000, this Court certifies that
the attached complaint has been properly completed and verified, and there is probable
cause for the issuance of process. In consideration of the attached Commonwealth's
Petition, the defendant, ROBERT LEE ANDERSON, JR., is directed to appear for trial
on the charge of Indirect Criminal Contempt before the Court on the~day of
~, 2000 as '. -36 o'clock /i.m. in Courtroom # 5 of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney. If the defendant
cannot afford an attorney, upon request one will be assigned to represent the defendant.
If the defendant wishes assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285. Further, if the
defendant fails to appear, an arrest warrant will be issued.
The Sheriff of Cumberland County is directed to serve this Order and Petition
upon the defendant. The assessment of costs to be determined by the Trial Judge
subsequent to trial.
I
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By the Court,
(~( f:I:::0.L~ ~IoJ.
Jonathan R. Birbeck,
Chief Deputy District Attorney
ROBERT LEE ANDERSON, JR.
TRUE COpy FROM,A~AO
In Testimony Whereof; there untO. my hanO
and the~ of sald.m. atc.tlsle. PI.
~~t;;h ~ '.~ $41 .
Prothaft ry
---~.-
.
~- ~~
.~"
TAKIY A KELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: 00-2721 CIVIL
ROBERT LEE ANDERSON, JR.,
Defendant
: CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County,
Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal
Contempt:
1. A Protection from Abuse Order was issued by the Court. A true and correct
copy of the Order is attached.
2. The defendant's violation of this Order is averred in the attached criminal
complaint.
3. The victim requests the filing of an Indirect Criminal Contempt Charge.
4. The District Attorney's Office approves the filing of this criminal complaint.
5. The Commonwealth is requesting a hearing on the charges of Indirect
Criminal Contempt pursuant to 23 Pa.C.S.A. ~ 6113.
6. The plaintiff and/or the defendant may seek modification of the Order based
on the filing of this petition as the Court deems appropriate following the trial
in addition to any other sentence. 23 Pa.C.S.A. ~ 6113.
WHEREFORE, the Commonwealth requests the defendant be commanded to
appear before the Court on the charge of Indirect Criminal Contempt.
.fi'll".....,~~ .
. ~
" .1-
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. '''-'Ii"
COMMONWEALTH OF RENNSYLVANIA
COUN;TY OF CUMBERLAND
09201
SUMMONS
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
COMMONWEALTH OF
PENNSYLVANIA
VS.
Mag. Dls1. No.:
OJ Name: Hon.
PAULA P CORREAL
Address:
1 COURTHOUSE SQ
CARLISLE PA 17013
717 240 6565
DEFENDANT:
Telephone:
NAME and ADDRESS
ROBERT LEE ANDERSON JR
42 W BALTIMORE ST LKA
CARLISLE PA 17013
0000 00
AKA:
ROCKY ANDERSON
Docket N".:
Date Filed:
OTN:
.
Registration Number
R.8.A.:
BM 23
D.O.B.: 03 08
OLN Number
I PA2~)6797J.8
I 2000i1~~~~2 CAR
J.977 8.8.#: 205
SID Number
I 2303962J.
1642 UCR Nombe.
48 4672
Annual Slicker Number
Complaint Number
Complaint Numbers If other Participants
ORINO.:
PA02J.0200
District Attorney's Office _ Approved _Disapproved because:
(The District Attorney may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Com.monwealth prior to filing.
Pa.R.Cr.P. 107.) When the affiant I~ not a pollee officer as defined in Rule 51 (C) and the offense(s) charged Include(s) a misdemeanor or felony which
does not involve a clear and present danger to any person or the community, the complaint shall be submitted to the attorney for the Commonwealth, who
shall approve or disapprove without unreasonable delay).
(Issue Date)
(Signature)
.-
I, (NameofAfflan') PO JEFFREY D KURTZ BADGE 5
m CARLISLE PD
residing at 53 WEST SOUTH ST CARLISLE PA J. 70J.3
do hereby state: (check appropriate area)
1. ..1l1 aCCU$e the above named defendant, who lives at the address set forth above or,
_ 1 accuse an individual who$e name is unknown to me but who is described as
_ I accuse the defendant whose name and popular designation or nickname is unknown to me and whom 1
have therefore designated as John Doe
with violatina the.tte!1allaws of the Commonwealth of Pennsylvania at: CARLISLE
103 W"NORTH ST A CARLISLE (pjace-Po""ISllbdMslonI
in (County) CUMBERLAND on or about 11 13 2000 1903 HRS
Participants were: (if there were participants place their names here, repeating name of above defendant)
2. The acts committed by the accused were:
(Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. Neither thl! evidence nor the statute
allegedly violated need be cited, nor shall a citation of the statute allegedly violated, by itself, be sufficient. In a sumrnaty case, set forth a
citation of the spacific section and sub-section of the statute or ordinance allegedly violated).
** INDIRECT CRIMINAL CONTEMPT - CSAJ.990
THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER
NUMBER 2000-2721
THE ORDER WAS SIGNED BY THE HONORABLE JUDGE GUIDO
THE ORDER WAS DATED 12 MAY, 2000
CTS
J.
Copy: Olstrict Justice
Defendant
Return of Service
Police
4197wp
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Page 2
*'
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
Defendant Name:ROBERT LEE ANDERSON JR
Docl(et Number:
l~U: ~UU'
'JV~ \.:Jlli.
THE ACTOR VIOLATED THE ORDER BY BEING WITHIN 500 FT OF TAKIYA
KELLER'S HOUSING AT 103 A W NORTH ST. ANDEHSON WAS SEEN STAND-
ING ON BRETZ AV, DIRECTLY ACROSS FROM THE KELLER'S HOUSING AND
LATER WALI<ING BY.
ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF
PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY,
OR IN VIOLATION OF 6113 A OF THE ACT OF 23
OR THE ORDINANCE OF
3. I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges
I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be
completed and sworn to before the issuing authority.)
4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information
and belief. I certify the complaint has been properly completed end verified, and that there is probable cause
for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes
Code (18 PA. C.S. 4904) relating to unsworn falsification authorities.
Date:
een properly completed and
AND NOW, on this date,
verified, and that there is probable cause for issuanc
(Magl8tenal DIBlrlQt)
(ISSumg AuthOmyJ
(SEAL)
~.
~~
CARLISLE PD
PROBABLE CAUSE AFFIDAVIT
INCIDENT NUMBER: 20001100562 CAR
DATE: 11/13/2000
OTN:
PG 1
CHARGE (8) :
23 6113
A
INDIRECT CRIMINAL CONTEMPT - CSA1990
#CTS
1
COMMONWEALTH VS ROBERT
LEE
ANDERSON
JR
INFORMATION:
.-.
10/25/2000 AS A RESULT OF ANOTHER PFA VIOLATION, I ATTENDED A
HEARING BEFORE JUDGE GUIDO, WHO TOLD ANDERSON NOT TO BE W/IN
500 FT OF KELLER.
X
11/13/2000 AROUND 1845 TO 1900 HRS, KELLER SAW ANDERSON STAND-
ING ON BRETZ AV, WHICH IS DIRECTLY ACROSS FROM HER HOUSING. W/
KELLER WAS BULLOCK, WHO LIVES UPSTAIRS FROM KELLER. BULLOCK SAW
ANDERSON FIRST AND TOLD KELLER TO GET INSIDE, STAY THERE, LOCK
HER DOORS AND CALL FOR THE POLICE.
X
BULLOCK SAID THAT ANDERSON WAS STANDING W/ A GROUP OF OTHER
MALES AND CALLED OVER TO HER "HI, WHAT'S UP." SHE LAST SAW
HIM WALKING AWAY FROM THE GROUP.
X
PTLM COLLARE WAS W/ ME ON THE CALL. HE THOUGHT THAT HE HAD SEEN
ANDERSON WALKING BY KELLER I S UNIT WAS I WAS INSIDE TALKING TO
HER. PTLM COLLARE ASKED ME IF HE WAS WEARING A CAMOFLAUGE FIELD
JACKET, WHICH I WAS UNSURE OF.
X
AS I ROUNDER THE CORNER ONTO N PITT ST, WE BOTH SAW ANDERSON
WALKING NORTH AROUND W LOCUST AV, WEARING A CAMOFLAUGE FIELD
JACKET. HE WAS W/ HENRY THOMPSON, WHO WAS WALKING A DOG, AND
A FEW OTHER UNKNOWN B/M'S.
X
I WILL HAND DELIVER THE PFA VIOLATION TO THE DA'S OFFICE ON
11/14/2000.
X
I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED
TO ANSWER THE CHARGE (S) I HAVE MADE IN THE ABOVE AFFIDAVIT.
I SWEAR TO, OR AFFIRM, THE
AND BELIEF, AND SIGN IT ON
BEFORE
WITHIN AFFIDAVIT UPON MY KNOWLEDGE, INFORMATION
20_ '
S THAT OF
OF AFFIANT
~ Mz::-
SIGNATURE & SEAL OF DISTRICT JUSTICE
2 COPIES - DISTRICT JUSTICE
1 COPY - BUREAU OF POLICE
,.>..~ " .....
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..~
" ".,-;
TAKlY A MONIQUE KELLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor child, : CUMBERLAND COUNTY, PENNSYLVANIA
TAE-ZHON KELLER,
vs.
ROBERT LEE ANDERSON, JR, : NO. 2000-2721 CIVIL TERM
(AKA ROCKY ANDERSON)
Defendant : PROTECTION FROM ABUSE
I
FINAL PROTECTION ORDER
Defendant's Name: ROBERT LEE ANDERSON, JR.
(A.K.A. ROCKY ANDERSON)
Defendant's Date of Birth: 03/0Sn7
Defendant's Social Security Number: 205-48-4672
.-'
Names of Protected Persons: TAKlYA MONIQUE KET ,T .E"R,
and her minor child, TAE-ZHON KELLER
AND NOW, this la~ day ofMay,.2000, the court havingjnrlsdiction over the parties
and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as folHows:
Plaintift; TakiyaMoniqueKe1ler, is represented by Joan Carey ofLegal Services, Inc.; Defenrlllnt,
Robert Lee Anderson, Jr., (AKA Rocky Anderson), is umepresented, but has been advised ofhis right
to counsel in this matter.
Defendant,-although agreeing to the terms of this Order, does not admit the allegations made
in the Petition. .
[B) Plaintiff's request for a Final Protection Order is granted pursuant to the consent of
Plaintiff and Defendant.
o Plaintifl's request for a Final Protection Order is denied.
[B) 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other
protected person in any place where they might be found.
. , ~ .;. ~
.. .
'.
o 2. Defendant is completely evicted and excluded from the residence at 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.
o On_ at _.m., Defendant may enter the residence to retrieve hislher clothing and
other personal effects, provided that Defendant is in the company of a law enforcement
officer when such retrieval is made.
\
129 3. Defendant is prohibited from having ANY CONTACT with Plaintiff and/or hell"
minor child at any location, including, but not limited to, any contact at Plaintiff's current
residence, and any other residence she may, in the future, establish for herself, her school,
business, her place of employment and/or the day care facility of her minor child. Defendant
is specifically ordered to stay away from the following locations for the duration of this Order:
Plaintiff's residence:
103 West North Street, Apt. A
Carlisle, PA
~=-:...-
Plaintiff's place of employment: Kentucky Fried Chicken
670 North Hanover Street
Carlisle, P A
[B) 4. Defendant shall not contact the Plaintiff by telephone or by any other means,
including third parties.
o 5. Custody of the minor children,. shall be as follows: [state to whom primary physical
custody awarded; state terms of partial custody or visitation, if any]( or see attached Custody Order)
o 6. Defendant shall immediately turn over to the Sherifi's Office, or to a local law
enforcement agency for delivery to the Sherifi's Office, the following firearms and/or specific
weapons 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 firearms
and/or specific weapons for the duration of this Order. Any firearms and/or weapons delivered to
the sheriffunder Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not
be returned until further Order of Court.
[B) 8.
The following additional relief is granted as authorized by ~6108 of this Act:
.
,- ~
~
. ';\\1$
,.. ~ ~
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 an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff and/or her minor child.
Defendant is enjoined from damaging or destroying any property owned solely
by Plaintiff.
\ Defendant is to refrain from harassing Plaintiff's relatives.
o 9. Defendant is directed to pay temporary support for _ as follows: _' This Order for
support shall remain in effect until a fina1 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 (15) 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 fina1 amount of support shall be credited,
retroactive to this date, to ~e appropriate party.
o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant.
.-'
o 11. Defendant shall pay $_ toP1aintiffas compensation for plaintifl's out-of-pocket losses,
which are as follows: OR
o Plaintiff is granted leave to present a petition, withapproprlate notice to Defendant,
to _ requesting recovery of out-of-pocket losses. The petition shall include an exhibit .
itemi7.ing 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.
I
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o 12. BRADY INDICATOR
o 1. The 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.
o 2. This Order is being entered after a hearing of which Defendant received actual
notice and had an opportunity to be heard.
D 3. Paragraph 1 of this Order has been checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected person/so
-
~. .......,.~
L~
o 4. 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 protected person that would reasonably
be expected to cause bodily injury.
[B) 13. \ THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER.
[B) 14. All provisions of this Orde." shall expire one year from the date this Order is
entered.
NOTICE TO THE DEFENDANT
~;.--
Violation of this Ord!,r may result in your arrest on the charge of Indirect Criminal Contempt
which is punishable by a fine of up to $1,000 and/or ajail sentence of up to six months. 23 Pa.C.s.
~61l4. 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, US. Territories, and the Commonwealth of Puerto Rico under the Violence Against Women
Act, 18 U"S.C.~2265. If you travel outside of the state and intentionally violate this Order, you may
be subject to federal criminal proceedings under that Act. 18 U.S.C.~~ 2261-2262. Ifparagraph 12.
of this Order has been checked, you may be subject to federal prosecution and penalties under the
"Brady" provisions of the Gun Control Act, 18 U.S.C.~922(g), for possession, transport or receipt
of firearms or ammunition.
NOTICE TO LAW
ENFORCEMENT OFFICIALS
i
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,
,
The police who have jurisdiction over P1aintift'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. ~6113.
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 Cumberland
County Sheriff's Department 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 thell be completed and signed by the police officer OR
Plain~ Plaintiffs presence and signature are not required to file the complaint.
_."~
~ ~....... -,.,. ~ ~j -J: '';r
'..,'
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 COURT,
/~.J'C:~ r...~
Edward E. Guido, Judge
\
This Order is entered pursuant to the consent of Plaintiff and Defendant:
~ tLUJA
Takiya onique Keller, Plaintiff
~P:::I-
LEGAL. SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
&kJ 2. a.JH.u~ d
Robert Lee Anderson, Jr., Defendllit -
(AKA Rocky Anderson)
I ~on
o<Jo ..
.~
=~~~..l"
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.
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.
TAKIY A KELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
V.
: 00-2721 CIVIL
ROBERT LEE ANDERSON, JR.,
Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT
.-
ORDER OF COURT
AND NOW, this 10 tI.\.." day of OCTOBER, 2000, this Court certifies that the
attached complaint has been properly completed and verified, and there is probable cause
for the issuance of process. In consideration of the attached Commonwealth's Petition,
the defendant, ROBERT LEE ANDERSON, JR., is directed to appear for trial on the
n~~~.t Criminal Contempt before the Court on theJ ~ay of
2000 at I :Q<J o'clockf-.m. in Courtroom # 5 of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney. If the defendant
cannot afford an attorney, upon request one will be assigned to represent the defendant.
If the defendant wishes assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285. Further, if the
defendant fails to appear, an arrest warrant will be issued.
The Sheriff of Cumberland County is directed to serve this Order and Petition
upon the defendant. The assessment of costs to be detetmined by the Trial Judge
subsequent to trial.
By the Court,
(~(~ f6uliu
Edward E. Guido J.
Jonathan R. Birbeck,
Chief Deputy District Attorney
ROBERT LEE ANDERSON, JR.
TRUE COpy FROM RECORD
10 TestimOny whereof, I bere unto $at my hanO
and the ~ of sald,CourtatCartlsl8. PI.
This 17 ~yotlJ-;:;~; #
. . () . (;1- ProtIlon~;y
~ ,
~~~~
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d~-""".d
TAKIY A KELLER,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 00-2721 CIVIL
ROBERT LEE ANDERSON, JR.,
Defendant
: CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
.-
Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County,
Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal
Contempt:
1. A Protection from Abuse Order was issued by the Court. A true and correct
copy of the Order is attached.
2. The defendant's violation of this Order is averred in the attached criminal
complaint.
3. The victim requests the filing of an Indirect Criminal Contempt Charge.
4. The District Attorney's Office approves the filing of this criminal complaint.
5. The Commonwealth is requesting a hearing on the charges of Indirect
Criminal Contempt pursuant to 23 Pa.C.S.A. ~ 6113.
6. The plaintiff and/or the defendant may seek modification of the Order based
on the filing of this petition as the Court deems appropriate following the trial
in addition to any other sentence. 23 Pa.C.S.A. ~ 6113.
WHEREFORE, the Commonwealth requests the defendant be commanded to
appear before the Court on the charge of Indirect Criminal Contempt.
Respectfully submitted,
~U_k Pi-
Chief Deputy District Attorney
,"'"
""
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,I' i.-j
CO&1MONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
09201
SUMMONS
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
COMMONWEALTH OF
PENNSYLVANIA
VS.
Mag. Disl. No.:
OJ Name: Hon.
PAULA P CORREAL
Address:
1 COURTHOUSE SQ
CARLISLE PA 17013
717 240 6565
DEFENDANT:
Telephone:
AKA:
NAME and ADDRESS
ROBERT LEE ANDERSON JR
42 W BALTIMORE ST LKA
CARLISLE PA 17013
0000 00
ROCKY ANDERSON
Docket No.:
Date Filed:
OTN:
-~
~
Registration Number
Annual Slicker Number
R.8.A.: . EM 23
PA0210200
D.O.B.: 03 08
OLN Number
I PA25679718
I 2000~'IMg~3 CAR
1977 8.8.#: 205
SiD Number
I 23039621
1642 OCR Nambe.
48 4672
I
I
Complaint Number
Complaint Numbers It other Participants
ORINO.:
District Attorney's Office _ Approved -Disapproved because:
(The District Attomey may require that the complaint, arrest we""nt affidavit, or 1JQ1I' be approved by the attomey for the Commonwealth pMor to filing.
Pa.R.Cr.P. 107.) When the affiant i~ not e police officer as defined In Rule 51 (C) and the oIIense(s) charged Include(s) a misdemeanor or felony which
does not involve a clear and present danger to any person or the community, the complaint shall be submitted to the attomey for the Commonwealth, who
shall approve or disapprove without unreasonable delay).
(Issue Date)
(l:ilgnaturej
I (Nam, of Affi.",) PO JEFFREY D KURTZ BADGE 5
~ CARLISLE PD
residing at 53 WEST SOUTH ST CARLISLE PA 17013
do hereby state: (cIleck appropriate area)
1. ---XI accuse the ab.ove named defendant, who lives at the address set forth above or,
_ I accuse an individual whose name is unknown to me but who is described as
_ I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I
have therefore designated as John Doe
with viOlating the penal laws of the Commonwealth of Pennsylvania at:
103 W"NORTH ST A CARLISLE (P~ce-Po""'Sabd;";"OII)
in (County) CUMBERLAND on or about 1 0 12 2000 1912 HRS
CARLISLE
Participants were: (if there were participants place their names here, repeating name of above defendant)
2. The acts committed by the accused were:
(Set forth a summary of the facts sufficient to advise tha defendant of the nature of the oIIense charged. Neither the evidence nor the statute
allegedly violated need be cited, nor shall a citation of the statute allegedly violated, by itseli, be sufficient. In a summary case, set forth a
citation of the specific section and sub-section of the statute or ordinance allegedly violated).
** INDIRECT CRIMINAL CONTEMPT - CSA1990
THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER
NUMBER 2000-2721 CIVIL TERM
THE ORDER WAS SIGNED BY THE HONORABLE JUDGE GUIDO
THE ORDER WAS DATED 12 MAY, 2000
CTS
1
Copy: District Justice
Defendant
Return of BeNice
Police
4197wp
-' ~ ~~
-
.. ~. L ,
"-,~"
~~~- -
~ ~"""'~Wok"-i
Page :2
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
D f d t N ROBERT LEE ANDERSON JR
e en an ame:
Docket Number:
THE ACTOR VIOLATED THE ORDER BY CALLING THE VICTIM WHEN SAID
ORDER SAID THAT ANDERSON SHALL NOT HAVE ANY CONTACT WITH THE
VICTIM (KELLER) PARAGRAPH #3 AND SHALL, NOT CALL THE VICTIM
(KELLER) BY THE TELEPHONE PARAGRAPH #4.
ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF
PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY,
OR IN VIOLATION OF 6113 A OF THE ACT OF 23
OR THE ORDINANCE OF
3.
I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges
I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be
completed and sworn to before the Issuing authority.)
I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information
and belief. I certify the complaint has been properly completed and verified, and that there is probable cause
for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes
Code (18 PA. C.S. 4904) relating to unsworn falsification to a horities.
0z
Date:
4.
AND NOW, on this date,
verified, and that there is probable cause for issua c
omplaint has been p operly completed and
(MaglstenallJlSlrlct)
(ISSUing AUltlOI'Ity)
(SEAL)
-""-
..............
'.'",",
,.
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CARLISLE PD
PROBABLE CAUSE AFFIDAVIT
INCIDENT NUMBER: 20001000523 CAR
DATE: 10/12/2000
OTM:
PG 1
CHARGE (S) :
23 6113
A
INDIRECT CRIMINAL CONTEMPT - CSA1990
#CTS
1
COMMONWEALTH VS ROBERT
LEE
ANDERSON
JR
INFORMATION:
KELLER REPORTED THAT ANDERSON CALLED HER THIS DATE AROUND 1910
HRS. KELLER ANSWERED THE PHONE AND HEARD SILENCE. AFTER SAYING
HELLO AGAIN, SHE RECOGNIZED ANDERSON'S SAYING "I AM SORRY I
DIALED THE WRONG NUMBER."
X
KELLER WANTS TO PURSUE ACTION AGAINST ANDERSON ADDING THAT HE
IS SNEAKY AND WANTS TO PUT FEAR INTO HER. KELLER CLAIMS THAT AN-
DERSON HAD A THIRD PARTY CONTACT HER WHILE HE WAS IN CCP WHICH
SHE DID NOTHING ABOUT. KELLER SAID THAT ANDERSON WAS RELEASED
YESTERDAY FROM CCP.
X
KELLER DOES NOT WANT ANY CONTACT FROM ANDERSON, WHO IS A FORMER
BOYFRIEND.
X
A PFA ORDER SIGNED BY JUDGE GU+DO WAS ON FILE. A COMPLAINT WILL
BE SENT TO THE DA'S OFFICE FOR THEIR ACTION.
X
I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED
TO ANSWER THE CHARGE (S) I HAVE MADE IN THE ABOVE AFFIDAVIT.
I SWEAR TO, OR AFFIRM, THE WITHIN AFFIDAVIT UPON MY KNOWLEDGE, INFORMATION
AND BELIEF, AND SIGN IT ON , 20_ '
BEFORE WHOSE OFFICE IS T OF
SIGNATURE & SEAL OF DISTRICT JUSTICE
2 COPIES - DISTRICT JUSTICE
1 COPY - BUREAU OF POLICE
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TAKlY A MONIQUE KELLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor child, : CUMBERLAND COUNTY, PENNSYLVANIA
TAE-ZHON KELLER,
vs.
ROBERT LEE ANDERSON, JR., : NO. 2000-2721 CIVIL TERM
(AKA. ROCKY ANDERSON)
Defendant : PROTECTION FROM ABUSE
I.
FINAL PROTECTION ORDER
Defendant's Name: ROBERT LEE AND. ERSON, JR.
, .
(A.K.A. ROCKY ANDERSON)
Defendant's Date of Birth: 03/08/77
Defendant's Social Security Numbl;lr: 205-48"41>72
Names of Protected Persons: TAKIYA MONIQUE KELLER,
and her minor child, TAE-ZHON KELLER
.>t)>
AND NOW, this I a;: day of May, 2000, the court having jurisdiction over the parties
and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as foDows:
PI.ain1:ifr: TakiyaMoniqueKeller, is represented by Joan Carey ofLegal Services, Inc.; Defendant,
Robert Lee Anderson, Jr., (AKA Rocky Anderson), is unrepresented, but has been advised ofhis right
to counsel in this matter.
Defendant, although agreeing to the terms of this Order, does not admit the allegations made
in the Petition.
129 Plaintiff's request for a Final Protection Order is granted pursuant to the consent of
Plaintiff and Defendant.
o Plaintiffs request for a Final Protection Order is denied.
129 1. Defendant shaD not abuse, stalk, harass, threaten Plaintiff or any other
protected person iu any place where they might be found.
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o 2. Defendant is completely evicted and excluded from the residence at 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.
o On_ at _.m., Defendant may enter the residence to retrieve hisfher clothing and
other personal effects, provided that Defendant is in the company of a law enforcement
officer when such retrieval is made.
\
[g) 3. Defendant is prohibited from having ANY CONTACT with Plaintiff and/or her
minor child at any location, including, but not limited to, any contact at Plaintiff's current
residence, and any other residence she may, in the future, establish for herself, her school,
business, her place of employment and/or the day care facility of her minor child. Defendant
is specifically ordered to stay away from the fonowing locations for the duration ofthis Order:
Plaintiff's residence: 103 West North Street, Apt. A
Carlisle, P A
Plaintiff's place of emplovment: Kentucky Fried Chicken
670 North Hanover Street
Carlisle, P A
[B) 4. Defendant shall not contact the Plaintiff by telephone or by auy other means,
including third parties.
o 5. Custody of the minor children" shall be as follows: [state to whom primary physical
custody awarded; state terms ofpartia1 custody or visitation, ifany](or see attached Custody Order)
o 6. Defendant shall immediately turn over to the Sherift's Office, or to a local law
enforcement agency for delivery to the Sherifl's Office, the following firearms and/or specific
weapons 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, transferril!g or acquiring any other firearms
and/or specific weapons for the duration of this Order. Any firearms and/or 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.
[B) 8.
The fonowing additional relief is granted as authorized by ~6108 of this Act:
,~ ~
~~
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l~
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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 fmds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff and/or her minor child.
Defendant is enjoined from damaging or destroying any property owned solely
by Plaintiff.
\ Defendant is to refrain from harassing Plaintiff's relatives.
o 9. Defendant is directed to pay temporary support for _ as follows: _' This Order for
support shall remain in effect until a fina1 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 (15) 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 fina1 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.
e-
o 11. Defendant shall pay $_ to Plaintiffas compensation for Plaintifl'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 _ 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
o 1. The 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.
o 2. This Order is being entered after a hearing of which Defendant received actual
notice and had an opportunity to be heard.
o 3. Paragraph 1 of this Order has been checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected person/so
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o 4. 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 protected person that would reasonably
be expected to cause bodily injury.
I&> 13. \ THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER.
[B) 14. All provisions of this Order shall expire ODe year from the date this Order is
entered.
NOTICE TO THE DEFENDANT
.-
Violation of this Ord!lr may result in your arrest on the charge of Indirect Criminal Contempt
which is punishable by a fine of up to $1,000 and/or ajail sentence of up to six months. 23 Pa.C.S.
~61l4. Violation mayalso subject you to prosecution and criminal penalties under the Pennsylvania
Crimes Code. This Order is enforceable in all fifty (50) States, the District of Columbia, Tribal
Lands, U.S. Territories, and the Commonwealth of Puerto Rico under the Violence Against Women
Act, 18 U.S.C.~2265. If you travel outside of the state and intentionally violate this Order, you may
be subject to federal criminal proceedings under that Act. 18 U.S.C.~~ 2261-2262. Ifparagraph 12
of this Order has been checked, you may be subject to federal prosecution and penalties under the
"Brady" provisions of the Gun Control Act, 18 U.S.C.~922(g)' for possession, transport or receipt
offirearms 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.~6113.
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be
used during the violation oftheProtectioD Order or during prior incidents of abuse. The Cumberland
County Sheriff's Department 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
Plaintifi: Plaintiffs presence and signature are not required to file the complaint.
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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 COURT,
/~.J'C:~ (...~
Edward E. Guido, Judge
This Order is entered pursuant to the consent of Plaintiff and Defendant:
~niq~~, Plaintiff
~,o/d-
LEGAL SERVICES, INC.
,- 8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
&kJ 2. ~t ~ -U.<Nl {{
Robert Lee Anderson, Jr., Defend(llt
(AKA Rocky Anderson)
TRUE COpy FROM RECORD
In Testimony whereof, I here unto set my haM
and seal of ill at CarIlsJe~
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TAK1Y A MONIQUE KELLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor child, : CUMBERLAND COUNTY, PENNSYL VANIA
TAE-ZHON KELLER,
vs.
ROBERT LEE ANDERSON, JR., : NO. 2000-2721 CIVIL TERM
(AKA ROCKY ANDERSON)
Defendant : PROTECTION FROM ABUSE
FINAL PROTECTION ORDER
Defendant's Name: ROBERT LEE ANDERSON, JR.
(A.K.A. ROCKY ANDERSON)
Defendant's Date of Birth: 03/08/77
Defendant's Social Security Number: 205-48-4672
Names of Protected Persons: TAKIYA MONIQUE KELLER,
and her minor child, TAE-ZHON KELLER
AND NOW, this I)~ay of May, 2000, the conrt having jurisdiction over the parties
and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as foDows:
Plaintiff; Takiya Monique Keller, is represented by Joan Carey ofLegal Services, Inc.; Defendant,
Robert Lee Anderson, Jr., (AKA Rocky Anderson), is unrepresented, but has been advised of his right
to counsel in this matter.
Defendant, although agreeing to the terms of this Order, does not admit the allegations made
in the Petition.
[B) PlaintiWs request for a Final Protection Order is granted pursuant to the consent of
Plainti<<and Defendant.
o Plaintiffs request for a Final Protection Order is denied.
[B) 1. Defendant shall not abuse, stalk, harass, threaten PlaintitT or any other
protected person in any place where they might be fonnd.
V'
o 2. Defendant is completely evicted and excluded from the residence at 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.
o On_ at _.m., Defendant may enter the residence to retrieve hislher clothing and
other personal effects, provided that Defendant is in the company of a law enforcement
officer when such retrieval is made.
129 3. Defendant is prohibited from having ANY CONTACT with Plaintiff and/or her
minor child at any location, including, but not limited to, any contact at Plaintiff's current
residence, and any other residence she may, in the future, establish for herself, her school,
business, her place of employment and/or the day care facility of her minor chilld. Defendant
is specifically ordered to stay away from the following locations for the duration ofthis Order:
Plaintiff's residence: 103 West North Street, Apt. A
Carlisle, P A
Plaintiff's nlace of emnlovment: Kentucky Fried Chicken
670 North Hanover Street
Carlisle, P A
[B) 4. Defendant shall not contact the Plaintiff by telephone or by any other means,
including third parties.
o 5. Custody ofthe minor children" shall be as follows: [state to whom primary physical
custody awarded; state terms of partial custody or visitation, if any]( or see attached Custody Order)
D 6. Defendant shall immediately turn over to the Sherifl's Office, or to a local law
enforcement agency for delivery to the Sheriff's Office, the following firearms and/or specific
weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the
minor child/ren:
D 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms
and/or specific weapons for the duration of this Order. Any firearms and/or 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.
129 8.
The following additional relief is granted as authorized by ~6108 of this Act:
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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 an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff and/or her minor child.
Defendant is enjoined from damaging or destroying any property owned solely
by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
o 9. Defendant is directed to pay temporary support for _ as follows: _' 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 (15) 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 Plaintifl's out-of-pocket losses,
which are as follows: OR
D Plaintiff is granted leave to present a petition, with appropriate notice to Defendant,
to _ requesting recovery of out-of-pocket losses. The petition shall include an exhibit
itemizing all claimed out-of-pocket losses, copies ofall 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
o 1. The 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.
D 2. This Order is being entered after a hearing of which Defendant received actual
notice and had an opportunity to be heard.
o 3. Paragraph 1 of this Order has been checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected person/so
i!i;;'"
o 4. Defendant represents a credible threat to the physical safety of Plaintiff or
other protected person/s OR
D The terms of this Order prohibit Defendant from using, attempting to use, or
threatening to use physical force against Plaintiff or protected person that would reasonably
be expected to cause bodily injury.
129 13.
THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER.
[B) 14. All provisions of this Order shall expire one year from the date this Order is
entered.
NOTICE TO THE DEFENDANT
Violation of this Order may result in your arrest on the charge of Indirect Criminal Contempt
which is punishable by a fine of up to $1,000 and/or a jail sentence of up to six months. 23 Pa.C.S.
96114. 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, US. Territories, and the Commonwealth of Puerto Rico under the Violence Against Women
Act, 18 US.C. 92265. If you travel outside ofthe state and intentionally violate this Order, you may
be subject to federal criminal proceedings under that Act. 18 U S.C. ~~ 2261-2262. If paragraph 12
of this Order has been checked, you may be subject to federal prosecution and penalties under the
"Brady" provisions of the Gun Control Act, 18 US.C.9922(g), for possession, transport or receipt
of firearms or ammunition.
NOTICE TO LAW
ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintifi'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.96l13.
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 Cumberland
County Sheriff's Department 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
Plain~ Plaintiff's presence and signature are not required to file the complaint.
~ ....
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.
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.
Edward E. Guido, Judge
This Order is entered pursuant to the consent of Plaintiff and Defendant:
~niq~, Plaintiff
~,o/d-
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
~J 2. 0vvJ....u~ tt
Robert Lee Anderson, Jr., Defen~t
(AKA. Rocky Anderson)
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TAKIYAMONlQUE KEllER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor child, : CUMBERLAND COUNTY, PENNSYL VANIA
TAE-ZHON KELLER,
vs.
ROBERT LEE ANDERSON, JR., : NO. 2000- ;l 7.J- ( CIVIL TERM
(AKA ROCKY ANDERSON)
Defendant : PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following papers, YOu must appear at the hearing scheduled herein. If you fail to do so, the case may proceed
against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In
particular, you may be evicted from your residence and lose other important rights.
A hearing on this matter is scheduled on the I A-thday of May, 2000, at 1/: 1..5 A . m., in
CourtroomNo.:5" of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court after notice
and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you
to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 andlorup 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 US.C. ~2265, this Order is enforceable
anywhere in the United States, tribal lands, US. 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 sbould take this paper to your lawyer at once. You have the right to have a lawyer represent
you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or
cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If
you cannot find a lawyer, you may have to proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, 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 busineljs before the court, please contact our office.
All arrangements mnst be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
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TAKlY A MONIQUE KELLER,
Plaintiff
for herself and on behalf of her minor child
,
TAE-ZHON KELLER,
vs.
ROBERT LEE ANDERSON JR.
, ,
(A.KA ROCKY ANDERSON)
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000-
CIVIL TERM
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION
FROM ABUSE ORDER
Defendant's Name: ROBERT LEE ANDERSON, JR. (A.K.A. ROCKY)
Defendant's Date of Birth: 03108/77
Defendant's Social Security Number: 205-48-4672
NamesofProtectedPersons: TAKlYAMONIQUE KELLER and TAE-ZHONKELLER
AND NOW, this~.{ay of May, 2000, npon consideration of the attached Petition for
Protection from Abuse, the court hereby enters the following Temporary Order:
[B) 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be fonnd.
D 2. Defendant is evicted and excluded from the residence at _ or any other permanent
or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the
residence. Defendant shall have no right or privilege to enter or be present on the premises.
~ 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, inclnding, bnt not limited, to any contact at Plaintiff's current residence, and any
other residence she may, in the future, establish for herself, her school, business, and/or her
place of employment. Defendant is specifllClllIy ordered to stay away from the foUowing
locations for the duration of this Order:
Plaintiff's residence: 103 West North Street, Apt. 1, Carlisle, P A
Plaintiff's Dlace of emplovment: Kentucky Fried Chicken
670 North Hanover Street, Carlisle, PA
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[B) 4. Defendant shall not contact Plaintiff by telephone or by any other means,
including through third persons.
o 5. Pending the outcome of the fina1 hearing in this matter. Plaintiff is awarded
temporary custody of the following minor childlren:
Until the fina1 hearing, all contact between Defendant and the childlren shall be
limited to the following:
The local law enforcement agency in the jurisdiction where the childlren are located
shaIl ensure that the childlren are placed in the care and control of Plaintiff in
accordance with the terms of this Order.
o 6. Defendant shall immediately relinquish the following weapons to the Sherifi's Office
or a designated local law enforcement agency for the delivery to the Sheriff's Office: Ilfnitt
o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons
for the duration of this Order.
[B) 8.
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 ofthe Prothonotary and forwarded
to the Sheriff for service. The Prothonotary shall not send a copy ofthis Order
to Defendant by mail.
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 an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff and/or her minor child.
Defendant is enjoined from damaging or destroying any property owned by
Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives and/or her minor
child.
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Plaintiff resides and any other agency specified hereafter:
CARLISLE POLICE DEPARTMENT
[B) 9.
TillS ORDER SUPERSEDES ANY PRIOR PFA ORDER.
THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN 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. ~61l4. Consent of the 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. ~6ll3. 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.~~226l-2262. Any protection order
granted bya court may be considered in any subsequent proceedings, including child custody
proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAW
ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over Plaintifl'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
ofIndirect 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 oflaw
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 Sherifl's office of the county which issued this Order,
which office shall maintain possession of the weapons until further Order of this Court, unless the
weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency
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whose officer made the arrest.
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INe.
8 Irvine Row
Carlisle, PA 17013
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TAK1Y A MONIQUE KELLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor child, : CUMBERLAND COUNTY, PENNSYLVANIA
T AE-ZHON KELLER,
vs.
ROBERT LEE ANDERSON, JR., : NO. 2000- d- 7';;"1 CIVIL TERM
(A.KA. ROCKY ANDERSON)
Defendant : PROTECTION FROM ABUSE
PETITION FOR
PROTECTION FROM ABUSE
1.
Plaintiff is Takiya Monique Keller.
2.
Keller.
Plaintiff files this Petition for herself and on behalf of her minor child, Tae-zhon
3. The names of the persons who seek protection from abuse are Takiya Monique Keller
and Tae-zhon Keller.
4. Plaintiff and her minor child reside at 103 West North Street, Apt. A, Carlisle,
Cumberland County, Pennsylvania 17103.
5. Defendant's address is 42 Baltimore Street, Carlisle, Cumberland County,
Pennsylvania 17013. Defendant is currently incarcerated in Cumberland County Prison, Carlisle,
Pennsylvania.
Defendant's Social Security Number is 205-48-4672.
Defendant's date of birth is 03/08/77.
Defendant is unemployed to the best of Plaintiff's knowledge.
6. Defendant has had an intimate relationship with Plaintiff.
7. Defendant has been involved in the following criminal court action:
Carlisle Police arrested Defendant, charged him with simple assault,
and placed him in Cumberland County Prison as a result of the incident
which occured on or about April 23, 2000, involving Plaintiff. A preliminary
hearing is scheduled before District Justice Correal on Wednesday, May 3,
2000, at 10:30 a.m. Cumberland County Adult Probation Office petitioned
the Court and an Order was entered further detaining Defendant in
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Cumberland County Prison for violating the terms of his probation.
Defendant is currently on probation in Cumberland County. His Probation
Officer is Bruce Althouse.
8. The facts of the most recent incident of abuse are as follows:
Approximate Date:
Place:
On or about April 23, 2000
42 Baltimore Street, Carlisle, Cumberland County,
Pennsylvania, Defendant's residence.
On or about April 23, 2000, after Plaintiff told Defendant that she did
not want to continue their relationship, he argued with her, and punched her
in the face (Defendant knew that Plaintiff had recently been diagnosed with
a thyroid problem, and in addition, that she has myasthenia gravis, a disease
which weakens and fatigues the muscles, particu1arly of the face and neck).
When Plaintiff put her face .down on the bed, Defendant punched her in the
face each time she raised her head (approximately 5 times), punched her
repeatedly about the back of her head, and struck her several times about her
legs with a metal baseball bat. During this incident Defendant picked up first
a hammer, then a sports trophy, and raised them at Plaintiff in a threatening
manner, causing her to fear that he was going to hit her in the head with them.
When Plaintiff tried to get away from Defendant, he shoved her to the floor
and choked her. As Plaintiff tried to get out of the room, Defendant grabbed
her ann, closed the door on her ann, and pulled her arm backward against the
door, causing her to cry from pain. After Defendant left the room, Plaintiff
tried to telephone the police for help, but he came back into the room and
pulled the telephone off of the walL When Plaintiff went downstairs,
Defendant followed her, and punched her in the face. The police arrested
Defendant, charged him with simple assault and disorderly conduct, and
placed him in Cumberland County Prison as a result of this incident. A
preliminary hearing in the case is scheduled before District Justice Correal on
Wednesday, May 3,2000, at 10:30 a.m.
Plaintiff sought medical attention at Carlisle Hospital for iIguries she
sustained as a result of this incident which included bruising and swelling
about her face and legs, soreness and swelling about her head, face, neck and
arm, and difficulty swallowing.
9. Defendant has committed the following prior acts of abuse against Plaintiff:
a) On or about February 25, 2000, Defendant shoved Plaintiff about,
verbally abused. and harassed her, and when she told him to leave her
residence, he spit on her. Defendant refused to leave when Plaintiff asked
him to, tried to shove her out of the residence, cut and slashed her clothing,
smashed a lamp against the wall destroying the lamp and making a hole in the
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wall, broke a glass-topped coffee table, jerked the telephone console from the
wall, knocked furniture over, and threw household objects about. When
Plaintiff told Defendant that she was going to call the police, he left the
residence, then returned a short time later, and threatened Plaintiff saying, "I
will come here and I will stab you; I will shoot you. If I choose not to get
you, I will get someone close to you in your family." Plaintiff telephoned the
police for help. Defendant was arrested and charged with two counts of
simple assault, reckless endangerment, criminal mischief, and was placed in
Cumberland County Prison. Defendant telephoned Plaintiff at her residence
several times a day for approximately 5 days after his arrest.
c) Since approximately October 1999, Defendant has abused Plaintiffin
ways including, but not limited to, shoving, grabbing, slapping, punching,
kicking, and choking her; pulling her hair; throwing objects at her; restraining
her by blocking doorways with his body and pinning her against walls;
controlling her; intimidating her by drawing back his fist causing her to fear
he was going to hit her; threatening to stab her with a screw driver and with
a knife; threatening to shoot her, and threatening to kill her mother and her
brother.
10. 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:
CARLISLE POLICE DEPARTMENT
11. There is an immediate and present danger of further abuse from Defendant.
12. Plaintiffhas suffered the following out-of-pocket financial losses as a result of the
abuse described above: see attached Exhibit A, incorporated hereto by reference.
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
and/or her minor child in any place where they may be found.
B. Prohibit Defendant from having any contact with Plaintiff and/or her minor
child, either in person, by telephone, or in writing, personally or through third
persons, including, but not limited to, any contact at Plaintift's current residence, and
lIIlY fesiqj:nC\lll~p fmIY, irI $1' ~tur~, .\l~\l\ish fo~ bers\l~ ber school, and/or her place
ofllf/lplIlYPl<mf,llr ~e daycare facility of her mmor child.
Date:
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C. Prohibit Defendant from having any contact with Plaintifl's relatives and/or
Plaintifl's minor child listed in this Petition.
D. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered
as a result of the abuse, to be determined at the hearing.
E. Order Defendant to pay the costs of this action, including filing and service
fees.
F. Order Defendant to pay $250.00 to reimburse one of Legal Services, Ioc.'s
funding sources toward the cost oflitigation in this case.
G. Order the following additional relief, not listed above:
Defendant is enjoined from damaging or destroying any property owned
solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives and/or her minor
child.
H. Grant such other relief as the court deems appropriate.
1. 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. The Petitioner
will inform the designated authority of any addresses, other than Defendant's
residence, where Defendant can be served.
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Respectfully submitted,
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LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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~I veroy that I am the Petitioner as designated in the present action and that the facts and
~~~nts contained in the above Petition are true and correct to the best of my knowledge. I
~stand tbit any false statements are made subject to the penalties of 18 Pa.C. S. ~4904, relating
to unsworrrofl!fsi'fication to authorities.
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TAKlY A MONIQUE KELLER,
Plaintiff
for herself and on. behalf of her minor child,
T AE-ZHON KELLER,
vs.
ROBERT LEE ANDERSON, JR.,
(AKA ROCKY ANDERSON)
Defendant
: IN THE COURT OF COMMON PLEAS OF
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: NO. 2000-
CIVIL TERM
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: PROTECTION FROM ABUSE
OUT-OF-POCKET LOSSES
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Plaintiffrequests that Defendant reimburse her out-of-pocket losses, including but not limited
to the following:
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Any and all medical expenses not reimbursed through Plaintiffs medical insurance coverage
relating to injuries she sustained as a result of the incidentls which occured on or about
February 25,2000, and on or about April 23, 2000. (Total amount of medical costs not available at
the time of filing this Petition).
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Any and all expenses/costs incurred to repair and/or replace clothing/property damaged
and/or.destroyed, including, but not limited to lost wages as a result of the incidents which occured
on or about February 25, 2000, and April 23, 2000. (Total amount of damages and/or total lost wages
not available at the time of filing this Petition).
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CASE NO: 2000-02721 P
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KELLER TAKIYA MONIQUE ET AL
VS
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TREVOR KENT
, Sheriff or Deputy Sheriff of
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ANDERSON ROBERT LEE JR
Cumberland County, Pensyl vania , who being duly sworn according to law,
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says, the within PROTECTION FROM ABUSE
was served upon
DEFENDANT
, at 0011:05 HOURS, on the 3rd day of May
, 2000
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ANDERSON ROBERT LEE JR A/K/A ANDERSON ROCKY
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at CUMBERLAND COUNTY PRISON
1101 CLAREMONT ROAD
CARLISLE, PA 17013
by handing to
ROBERT L. ANDERSON
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER, PETITION
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
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10.00
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So Answers:
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R. Thomas Kline
05/04/2000
Sworn and .,Subscribed to before
By:
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Deputy Sheriff
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05/12/00 FRI 10:51 FAX 717 240 6573
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RESULT
CUMB CO PROTHONOTARY
*********************
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05/12 10:45
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TAK1Y A MONlQUE KELLER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
for herself and on behalf of her
minor child,
TAE-ZHON KELLER
: NO. 2000-2721 CIVIL TERM
V.
ROBERT LEE ANDERSON, JR.
(AKA. ROCKY ANDERSON)
;;'
ORDER OF COURT
AND NOW, this 2ND day of JUNE, 2000, Defendant is directed to correspond
with Plaintiffthrough her counsel Joan Carey, Esquire. We have forwarded his letter to
this Court to Plaintiff s counsel who is directed to respond directly to Defendant.
By the Co
Robert Lee Anderson, Jr.
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Joan Carey, Esquire
F or the Plaintiff
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CUMBU'1LAND COUNTY
PENNSYlVANIA
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TAKIY A KELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
00-2721 CNIL
ROBERT LEE ANDERSON, JR.,
Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this / L;tIJ day of OCTOBER, 2000, this Court certifies that the
attached complaint has been properly completed and verified, and there is probable cause
for the issuance of process. In consideration of the attached Commonwealth's Petition,
the defendant, ROBERT LEE ANDERSON, JR" is directed to app~ for tria! on the
charge of Indirect Criminal Contempt before the Court on the ~ day of
tJc:laJut. ,2000 atL: (}d o'clockL.m. in Courtroom # L ofthe Cumberland
County Courthouse, Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney. If the defendant
cannot afford an attorney, upon request one will be assigned to represent the defendant.
If the defendant wishes assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285. Further, if the
defendant fails to appear, an arrest warrant will be issued.
The Sheriff of Cumberland County is directed to serve this Order and Petition
upon the defendant. The assessment of costs to be determined by the Trial Judge
subsequent to trial.
By the
Edward E. Guido J.
Jonathan R. Birbeck,
Chief Deputy District Attorney '-.
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ROBERT LEE ANDERSON, JR.
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TAKIY A KELLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: 00-2721 CNIL
ROBERT LEE ANDERSON, JR.,
Defendant
: CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County,
Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal
Contempt:
1. A Protection from Abuse Order was issued by the Court. A true and correct
copy of the Order is attached.
2. The defendant's violation of this Order is averred in the attached criminal
complaint.
3. The victim requests the filing of an Indirect Criminal Contempt Charge.
4. The District Attorney's Office approves the filing of this criminal complaint.
5. The Commonwealth is requesting a hearing on the charges of Indirect
Criminal Contempt pursuant to 23 Pa.C.S.A. 9 6113.
6. The plaintiff and/or the defendant may seek modification of the Order based
on the filing of this petition as the Court deems appropriate following the trial
in addition to any other sentence. 23 Pa.C.S.A. 9 6113.
WHEREFORE, the Commonwealth requests the defendant be commanded to
appear before the Court on the charge of Indirect Criminal Contempt.
Respectfully submitted,
;!:l:~E
Chief Deputy District Attorney
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
09201
SUMMONS
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
Mag. Dist. No.:
Address:
1 COURTHOUSE SQ
CARLISLE PA 17013
717 240 6565
DEFENDANT:
COMMONWEALTH OF
PENNSYLVANIA
VS.
DJ Name: Hon.
PAULA P CORREAL
Telephone:
AKA:
NAME and ADDRESS
ROBERT LEE ANDERSON JR
42 W BALTIMORE ST LKA
CARLISLE PA 17013
0000 00
ROCKY ANDERSON
Docket No.:
Date Filed:
OTN:
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Registration Number
Annual Sticker Number
R.8A:
BM 23
D.O.B.: 03 08
QLN Number
I PA25679718
200 0 ~'8'5'~'g~e3 CAR
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1977 8.8.#: 205
SID Number
I 23039621
1642ucRN,m,oc
48 4672
Complaint Number
Complaint Numbers if other Participants
ORINO.:
PA0210200
District Attorney's Office _ Approved -Disapproved because:
(The District Attorney may require that the complaint, arrest warrant affidavit, or both be approved by the attomey for the Commonwealth prior to filing.
Pa.R.Cr.P. 107.) When the affiant is not a police officer as defined in Rule 51 (C) and the offense(s) charged include(s) a misdemeanor or felony which
does not involve a clear and present danger to any person or the community, the complaint shall be submitted to the attorney for the Commonwealth, who
shall approve or disapprove without unreasonable delay).
(Issue Date)
(Signature)
I (N fAff') PO JEFFREY D KURTZ BADGE 5
, amao lant
of CARLISLE PD
residing at 53 WEST SOUTH ST CARLISLE PA 17013
do hereby state: (check appropriate area)
1. --K. I accuse the above named defendant, who lives at the address set forth above or,
_ I accuse an individual whose name is unknown to me but who is described as
_ I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I
have therefore designated as John Doe
with violatina the tlenallaws of the Commonwealth of Pennsylvania at: CARLISLE
103 W"NOR'I'H ST A CARLISLE (PI.,o-Po",,,,'S,"I,I,lo"l
in (county) CUMBERLAND on or about 10 12 2000 1912 HRS
Participants were: (if there were participants place their names here, repeating name of above defendant)
2. The acts committed by the accused were:
(Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. Neither the evidence nor the statute
allegedly violated need be cited, nor shall a citation of the statute allegedly violated, by itself, be sufficient. In a summary case, set forth a
citation of the specific section and subRsection of the statute or ordinance allegedly violated).
** INDIRECT CRIMINAL CONTEMPT - CSA1990
CTS
1
THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER
NUMBER 2000-2721 CIVIL TERM
THE ORDER WAS SIGNED BY THE HONORABLE JUDGE GUIDO
THE ORDER WAS DATED 12 MAY, 2000
Copy: District Justice
Defendant
Return of Service
Police
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CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
Defendant Name:ROBERT LEE ANDERSON JR
Docket Number:
THE ACTOR VIOLATED THE ORDER BY CALLING THE VICTIM WHEN SAID
ORPER SAID THAT ANDERSON SHALL NOT HAVE ANY CONTACT WITH THE
VICTIM (KELLER) PARAGRAPH #3 AND SHALL NOT CALL THE VICTIM
(KELLER) BY THE TELEPHONE PARAGRAPH #4.
ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF
PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY,
OR IN VIOLATION OF 6113 A OF THE ACT OF 23
OR THE ORDINANCE OF
4.
I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges
I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be
completed and sworn to before the issuing authority.)
I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information
and belief. I certify the complaint has been properly completed and verified, and that there is probable cause
for the issuance of process. This verification is made subject to the penalties of Section 4904 of the Crimes
Code (18 PA. C.S. 4904) relating to unsworn falsification to a horities.
~.z
Date:
3.
AND NOW, on this date,
verified, and that there is probable cause for issua c
om plaint has been p perly completed and
(MagIsterial Ulstncl)
{IssUIng AutMrlty}
(SEAL)
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CARLISLE PD
PROBABLE CAUSE AFFIDAVIT
INCIDENT NUMBER: 20001000523 CAR
DATE: 10/12/2000
OTN:
PG 1
CHARGE(S) :
23 6113
A
INDIRECT CRIMINAL CONTEMPT - CSA1990
#CTS
1
COMMONWEALTH VS ROBERT
LEE
ANDERSON
JR
INFORMATION:
KELLER REPORTED THAT ANDERSON CALLED HER THIS DATE AROUND 1910
HRS. KELLER ANSWERED THE PHONE AND HEARD SILENCE. AFTER SAYING
HELLO AGAIN, SHE RECOGNIZED ANDERSON'S SAYING "I AM SORRY I
DIALED THE WRONG NUMBER."
X
KELLER WANTS TO PURSUE ACTION AGAINST ANDERSON ADDING THAT HE
IS SNEAKY AND WANTS TO PUT FEAR INTO HER. KELLER CLAIMS THAT AN-
DERSON HAD A THIRD PARTY CONTACT HER WHILE HE WAS IN CCP WHICH
SHE DID NOTHING ABOUT. KELLER SAID THAT ANDERSON WAS RELEASED
YESTERDAY FROM CCP.
X
KELLER DOES NOT WANT ANY CONTACT FROM ANDERSON, WHO IS A FORMER
BOYFRIEND.
X
A PFA ORDER SIGNED BY JUDGE GUIDO WAS ON FILE. A COMPLAINT WILL
BE SENT TO THE DA'S OFFICE FOR THEIR ACTION.
X
I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED
TO ANSWER THE CHARGE(S) I HAVE MADE IN THE ABOVE AFFIDAVIT.
I SWEAR TO, OR AFFIRM, THE
AND BELIEF, AND SIGN IT ON
BEFORE
WITHIN AFFIDAVIT UPON MY KNOWLEDGE, INFORMATION
, 20
WHOSE OFFICE IS T
SIGNATURE & SEAL OF DISTRICT JUSTICE
2 COPIES - DISTRICT JUSTICE
1 COPY - BUREAU OF POLICE
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TAKlY A MONlQUE KELLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor child, : CUMBERLAND COUNTY, PENNSYLVANIA
TAE-ZHON KELLER,
vs'
ROBERT LEE ANDERSON, JR., : NO. 2000-2721 CIVIL TERM
(AKA ROCKY ANDERSON)
Defendant : PROTECTION FROM ABUSE
FINAL PROTECTION ORDER
Defendant's Name: ROBERT LEE ANDERSON, JR
(A.K.A. ROCKY ANDERSON)
Defendant's Date of Birth: 03/08/77
Defendant's Social Security Number: 205-48-4672
Names of Protected Persons: TAKIYA MONIQUE KELLER,
and her minor child, TAE-ZHON KELLER
.>t)>
AND NOW, this I a; day of May, 2000, the court having jurisdiction over the parties
and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as foDows:
Plaintiff; Takiya Monique Keller, is represented by Joan Carey of Legal Services, Inc.; Defendant,
Robert Lee Anderson, Jr., (AKA Rocky Anderson), is unrepresented, but has been advised of his right
to counsel in this matter.
Defendant, although agreeing to the terms of this Order, does not admit the allegations made
in the Petition.
I&> Plaintiff's request for a Final Protection Order is granted pursuant to the consent of
Plaintiff and Defendant.
o Plaintiffs request for a Final Protection Order is denied.
I&> 1. Defendant shaD not abuse. stalk. harass, threaten Plaintiff or any other
protected person in any place where they might be found.
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o 2. Defendant is completely evicted and excluded from the residence at 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.
o On _ at _.m., 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.
\
129 3. Defendant is prohibited from having ANY CONTACT with Plaiiltiff and/or her
minor child at any location, including, but not limited to, any contact at Plaintiff's current
residence, and any other residence she may, in the future, establish for herself, her school,
business, her place of employment and/or the day care facility of her minor child. Defendant
is specifically ordered to stay away from the following locations for the duration ofthis Order:
Plaintiff's residence: 103 West North Street, Apt. A
Carlisle, P A
Plaintiff's ulace of emplovment: Kentucky Fried Chicken
670 North Hanover Street
Carlisle, P A
129 4. Defendant shall not contact the Plaintiff by telephone or by any other means,
including third parties.
o 5. Custody of the minor children" shall be as follows: [state to whom primary physical
custody awarded; state terms of partial custody or visitation, if any] ( or see attached Custody Order)
o 6. Defendant shall immediately turn over to !\e Sheriffs Office, or to a local law
enforcement agency for delivery to the Sheriffs Office, the following firearms and/or specific
weapons 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 firearms
and/or specific weapons for the duration of this Order. Any firearms and/or 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.
[B) 8.
The following additional relief is granted as authorized by ~6108 of this Act:
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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 an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff and/or her minor child.
Defendant is enjoined from damaging or destroying any property owned solely
by Plaintiff.
\ Defendant is to refrain from harassing Plaintiff's relatives.
o 9. Defendant is directed to pay temporary support for _ as follows: _' 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 (15) 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.
D 11. Defendant shall pay $_ to Plaintiff as compensation for Plaintifl'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 _ requesting recovery of out-of-pocket losses. The petition shall include an exhibit
itemizing all claimed out-of-popket 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.
D
12.
BRADY INDICATOR
o 1. The 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.
o 2. This Order is being entered after a hearing of which Defendant received actual
notice and had an opportunity to be heard.
o 3. Paragraph 1 of this Order has been phecked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected person/so
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o 4. 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 protected person that would reasonably
be expected to cause bodily injury.
I.:&> 13. \ THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER.
[B) 14. All provisions of this Order shall expire one year from the date this Order is
entered.
NOTICE TO THE DEFENDANT
Violation of this Ord!lr may result in your arrest on the charge of Indirect Criminal Contempt
which is punishable by a fine of up to $l,OQQ and/or ajail sentence of up to six months. 23 Pa.C.S.
~6ll4. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania
Crimes Code. This Order is enforceable in all fifty (50) States, the District of Columbia, Tribal
Lands, U.S. Territories, and the Commonwealth of Puerto Rico under the Violence Against Women
Act, 18 U.S.C.~2265. If you travel outside of the state and intentionally violate this Order, you may
be subject to federal criminal proceedings under that Act. 18 U.S.C.~~ 2261-2262. Ifparagraph 12
of this Order has been checked, you may be subject to federal prosecution and penalties under the
"Brady" provisions of the Gun Control Act, 18 U.S.C.9922(g), for possession, transport or receipt
offirearms or ammunition.
NOTICE TO LAW
ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiffs 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.~6l13.
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 Cumberland
County Sheriff's Department 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 th~n be completed @d signed by the police officer OR
Plain~ Plaintiffs presence and signature are not required to file the complaint.
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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 COURT,
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Edward E. Guido, Judge
This Order is entered pursuant to the consent of Plaintiff and Defendant:
~ UiliJ
Takiya onique Keller, Plaintiff
&kJ l GLL LUAN/ d
Robert Lee Anderson, Jr., Defendl\D.t -
(AKA Rocky Anderson)
an Carey, Attorney r Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
TRUE COpy FROM RECORD
In Testimony whereof, I hare IInto SlIt my hallO
and seal of Id Coo at Carlisle PI.
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TAKIYA KELLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
00-2721 CIVIL TERM
ROBERT LEE ANDERSON, JR.,:
Defendant
INDIRECT CRIMINAL CONTEMPT
IN RE: SENTENCING
ORDER OF COURT
AND NOW, this 25th day of October, 2000, the
Defendant having presented himself for sentence, and having
waived a presentence investigation report, sentence of the
Court is that the Defendant pay the costs of prosecution
and undergo a period of supervised probation for 6 months
subject to the following express conditions:
1. That he maintain full-time employment.
2. That he not have any contact whatsoever
with Takiya Keller or her child, Tae-Zhon Keller. No
contact whatsoever means no contact, in person, by phone,
by letter.
He is not to be within 500 feet of Takiya
Keller under any circumstances whatsoever.
3. He shall be and remain on good behavior.
4. He shall comply with the other
directions of his parole officer.
. \
Mary-Jo Mullen, Esquire
Assistant District Attorney
Jessica Becker, Esquire
Assistant Public Defender
Probation
Sheriff
Victim Witness
CCP
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By the Court,
Edward
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TAKIYA KELLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
00-2721 CIVIL TERM
ROBERT LEE ANDERSON, JR.,:
Defendant
INDIRECT CRIMINAL CONTEMPT
IN RE: CONTEMPT
ORDER OF COURT
AND NOW, this 25th day of October, 2000,
after hearing,.we find the Defendant to be in violation of
our prior order dated May 12, 2000, and he is adjudicated
to be in contempt.
By the Court,
E~J~
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Edward
Mary-Jo Mullen, Esquire
Assistant District Attorney
Jessica Becker, Esquire
Assistant Public Defender
Probation
Sheriff
Victim Witness
CCP
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CERTIFICATIOO OF pm a:Nl'EMPT
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~~ 00-2721 CIVIL TERM
NAME ROBERT LEE ANDERSON, JR.
42 BALTIMORE ST
VICTIM'S NAME:
TAKIYA KELLER
CARLISLE PA 17013
BALANCE DUE: $ 78.10
ADD DELETE
$ $
~ $
$ 32.60 $
$ $
$ $
$ 45.50 $
170 STATE SURCHARGE
171 STATE FINE
260 SHERIFF COST ($1.50 + ADDTL)
207 DISTRICT ATTORNEY
204 COURT COSTS (CLERK OF COURTS)
502 RESTITUTION
NAME PROTHONOTARY
ADDRESS
CITY
STATE
ZIP
NAME
$
$
ADDRESS
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CITY
STATE
ZIP
NAME
$
$
ADDRESS
CITY
STATE
ZIP
PROTHOOOTARY opnCE if J Id"
PERSON CERTIFYING INFORMATION ~..l. / .
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TAKIYA KELLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
00-2721 CIVIL TERM
ROBERT LEE ANDERSON, JR.,:
Defendant
INDIRECT CRIMINAL CONTEMPT
IN RE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 20th day of November, 2000,
the Court is unable to find beyond a reasonable doubt that
the Defendant violated our order of May 12, 2000.
Therefore, the petition for Indirect Criminal Contempt is
dismissed.
By the Court,
Edward E. Guido, J.
Sheriff
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Michelle Hamilton, Esquire
Assistant District Attorney
Timothy L. Clawges, Esquire
Assistant Public Defender
Probation
Victim Witness
CCP
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TAKIYA KELLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,
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V.
00-2721 CIVIL TERM
ROBERT LEE ANDERSON, JR.,:
Defendant INDIRECT CRIMINAL CONTEMPT
IN RE:
VIOLATION OF PROBATION
ORDER OF COURT
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,
AND NOW, this 20th day of November, 2000, a
hearing on Defendant's alleged violation of our
probationary sentence of October 25, 2000, is scheduled for
Tuesday, November 28, 2000, at 9:30 a.m.
A specific
allegation to be addressed by the Defendant is his presence
within the prescribed distance of the victim.
Counsel for Defendant has agreed that the
testimony from today's hearing may be used by the
Commonwealth for the support of this allegation. The
Defendant will be given the opportunity to answer to that
allegation at this scheduled hearing.
By the Court,
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Edward E. Guido, J.
14
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Michelle Hamilton, Esquire
Assistant District Attorney
Timothy L. Clawges, Esquire
Assistant Public Defender
probation
Sheriff
Victim Witness
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,
TAKIYA KELLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
00-2721 CIVIL TERM
ROBERT LEE ANDERSON, JR.,:
Defendant
INDIRECT CRIMINAL CONTEMPT
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings held before the
HONORABLE EDWARD E. GUIDO, J., Cumberland
County Courthouse, Carlisle, Pennsylvania,
on Monday, November 20, 2000, in Courtroom
Number Five.
APPEARANCES:
Michelle Hamilton, Esquire
Assistant District Attorney
For the Commonwealth
Timothy L. Clawges, Esquire
Assistant Public Defender
For the Defendant
~.
INDEX TO WITNESSES
FOR COMMONWEALTH
DIRECT CROSS REDIRECT RECROSS
Takiya Keller
4
Shakita Bullock
9
8
Off. Christopher S. Collare 12 16
INDEX TO EXHIBITS
FOR COMMONWEALTH
Ex. No. 1 - PFA order
MARKED ADMITTED
premarked 17
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1 THE COURT: Good morning.
2 MS. HAMILTON: Your Honor, we're here on an
3 indirect criminal contempt. The defendant is Robert Lee
4
Anderson, Jr.
The criminal complaint indicates that it is
5 an indirect criminal contempt based on the May 12th
6
Protection from Abuse order.
The Commonwealth would also
7
like to amend the complaint to include that this is also a
,,'
.B
8 contempt of your sentencing order dated October 25th of
9 2000.
10
THE COURT:
My sentencing order was a
11 probationary order. So it wouldn't be a contempt of that.
12 It would be a violation of probation.
13
MR. CLAWGES:
Your Honor, if the allegation
14 is that he violated the October 25 order, I would see that
15
as a probation violation.
I would argue that's not -- it
16 shouldn't be the basis of a contempt violation.
17
THE COURT:
I agree.
It is not.
He was
18
already sentenced on that.
He can't be in contempt for
19
failing to live up to the terms of probation.
At least I
20 don't think he can.
21
MS. HAMILTON:
Then we'll proceed on the
22 indirect criminal contempt.
23
THE COURT:
Okay. And not deal with the
24 alleged probation violation at this point in time?
25
MS. HAMILTON:
I haven't consulted with -- I
3
1 believe it's Bruce Althouse. So I don't know what his
2 intentions are.
3
4
5
6
7
THE COURT:
Okay.
Then
Good enough.
let's proceed on the indirect criminal contempt. Are you
ready to proceed, Mr. Clawges?
MR. CLAWGES: Yes.
THE COURT: Okay.
Call your first
8 witness, Ms. Hamilton.
9
MS. HAMILTON: Takiya Keller.
10 Whereupon,
11 TAKIYA KELLER
12 having been duly sworn, testified as follows:
13 DIRECT EXAMINATION
14 BY MS. HAMILTON:
15
16
17
18
19
Q
A
Q
A
Q
Can you please state your full name?
Takiya Marie Keller.
And how do you spell Takiya?
T-a-k-i-y-a.
Takiya, do you live at 103 West North
20 Street, Apartment A?
21
22
23
24
25
A Yes, I do.
Q How long have you been living there?
A For like a year and a month.
Q So about a week ago you were there?
A Yes.
4
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2
3
4
5
6
7
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Q
Do you live with anybody?
A
Just my two year old son.
Q
And what's his name?
A
Tae-zhon.
Q
Could you spell that, please?
A
T-a-e hyphen z-h-o-n.
Q
Your apartment, does it sit on the edge of
8 the road of West North Street?
9
10
11
12
13
14
15
16
17
do you see?
A
No.
Q
When you exit the front of your door, what
What do you step on?
A
I step on a big step first.
Q
And then where?
A
The sidewalk.
Q
And then?
A
Then it's the street.
Q
Were you home on Monday, November 13th of
18 2000, somewhere around 7:00 in the evening?
19
20
21
22
23
24
25
watching TV.
A
Yes, I was.
Q
Do you remember what you were doing?
A
I believe I was either cleaning my house or
Straightening up my house a little bit.
Q
Did you ever come outside of your house?
A
Yes, I did.
Q
What happened? Or why did you go outside?
5
1
A
Because I heard my neighbor out there, and
2 her son was crying, and I wanted to open up my door to say
3 hello, and we just was out there talking.
4
5
6
7
8
Q
A
What's your neighbor's name?
Shakita.
Do you know her last name?
Bullock, I believe.
When you went outside to talk with Shakita,
Q
A
Q
9 what, if anything, happened?
10
11
12 Shakita?
13 A We was outside talking for a while, and I
14 remember her saying Rocky is across the street.
15 MR. CLAWGES: Your Honor, I object. That's
16 hearsay.
17
A
Excuse me?
Q
What happened when you were outside with
THE COURT:
Overruled.
18 BY MS. HAMILTON:
19
20
21
22
23
24
25
Q When she said that, what did you do?
A She told me to go in the house and lock my
door, and I went in my house and locked my door.
Q Did you ever see Rocky Anderson?
A As I was closing my door I did.
Q And where was he when you saw him?
A Standing across the street from my house.
6
1
2
~~
Q
Was he on West North Street?
A
He was across the street like caticornered a
3 little bit from my house. Right across the street from my
4 house.
5
6 from your house?
7
8
9 the alley is?
10
11
12
13
Q
Is there an alley right across the street
A
Yes, there is.
Q
Do you know what the alley -- the name of
A
t
i
[
~
Bretz Ave.
Q
Was he on Bretz Ave.?
A
Standing close to it, yes.
Q
Was he on the sidewalk?
Was he actually on
14 the street or the road itself?
15
16
17
18
19
20 dark pants.
21
A
He was on the sidewalk.
Q
What was he doing when you saw him?
A
Standing there talking.
Q
Do you remember what he was wearing?
A
I just remember a camouflage coat and just
Q
What did you do when you went inside, after
22 you locked the door?
23
A
I looked at my order of protection because
24 under that he wasn't supposed to be within -- you know,
25 near my house, and the last time I came to court I
7
10
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1 remember that the judge had said that he wasn't supposed to
2 be within 500 feet of me or my residence, and I called a
3 friend because I wasn't too sure how close 500 feet was,
4 and I asked my friend how close was 500 feet.
5 I asked them was the distance from my house
6 to across the street from my house, and he said that is
7
more -- that's like a hundred feet, seventy-five feet.
So
8
after that I called the cops.
9
Takiya, when you saw Rocky Anderson, where
Q
were you? Were you out in front of your door or out front
11 of Shakita's door?
12
13
14
15
16
A
In front of my door.
Q
Is Rocky Anderson in the courtroom today?
A
Yes, he is.
Q
Would you point him out, please?
A
He's right over there.
17 MS. HAMILTON: Please let the record reflect
18 she picked out the defendant. I have nothing further.
19
20
21
22
23
24
25
THE COURT:
Mr. Clawges.
CROSS EXAMINATION
BY MR. CLAWGES:
Q Do you know a woman named Ky?
A Do I know a woman named Ky?
Q A woman named Ky, yeah.
A No. I don't believe I do.
8
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2
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4
5
6
7
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9
10
11
12
13
14
15
16
17
18
19 down.
20
BY THE COURT:
Q
day?
A
Q
know.
A
not.
Q
A
MR. CLAWGES: No other questions.
Did Mr. Anderson talk to you at all on that
No, he didn't.
Do you know whether he saw you? If you
That day, I don't recall if he seen me or
Okay. And you didn't say anything to him?
No. I just went in the house.
THE COURT: Okay.
That's all I have.
Anything else, Ms. Hamilton?
MS. HAMILTON: No, Your Honor.
THE COURT: Mr. Clawges, any follow-up on
that?
MR. CLAWGES: No.
THE COURT:
Thank you, ma'am. You may step
MS. HAMILTON: Shakita Bullock.
21 Whereupon,
22 SHAKITA RENEE BULLOCK
23 having been duly sworn, testified as follows:
24 DIRECT EXAMINATION
25 BY MS. HAMILTON:
9
1
Q
A
Q
A
Q
Apartment B?
A
Q
A'
Q
.
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2
3
4
5
6
Would you state your full name?
It's Shakita Renee Bullock.
Can you spell your full name?
S-h-a-k-i-t-a. R-e-n-e-e. B-u-l-l-o-c-k.
Do you live at 103 West North Street,
11 week, Monday, November 13th, around 7 in the evening. Do
12 you remember what you were doing?
13 A I don't remember exactly what I was doing,
14 but I do remember that I was on the porch. Takiya came
15 outside. We were talking for a minute, and then she had
16
turned around and went back inside.
Right when she did
17 that, Robert was walking down the street, and he said hi to
18
19
me.
So since she turned her back and went in the house, I
opened up the door and told her that Rocky
Robert was
20 outside, and to lock her doors.
21
Q
22 Anderson?
23
24
A
Q
When you said Robert, is that Robert
Yes.
When he walked by and said hi to you, where
25 was he when you talked to him?
10
1
2
3
4
5
6
7
8
9 live?
10
11
12
13 camouflage coat.
14
15
A
Q
A
Q
A
Q
A
Q
He was across the street.
Was he on West North Street or was he --
He was on West North.
Was he close to Bretz Avenue?
Is that that alley?
Yes.
Yes.
Yes.
Is that alley directly across from where you
A
Q
A
Yes.
What was he wearing?
The only thing I remember is he had on a
Q
A
Did he say anything else to you?
No.
16 Q Did he stay around that area across the
17 street from your apartment or did he keep on walking?
18 A I remember that he was standing across the
19 street, but I don't know how long he was standing there
20 because I had went in the house.
21
Q
The person you said was Robert Anderson, is
22 he in the courtroom today?
23
24
25
A
Q
A
Yes.
Would you point him out, please?
He's right there.
11
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1 MS. HAMILTON: Please let the record reflect
2 she indicated the defendant. I have nothing further.
3 THE COURT: Cross.
4
5
6 step down.
7
MR. CLAWGES: No questions.
THE COURT: Thank you, ma'am.
You can
MS. HAMILTON: Officer Collare. Your Honor,
8 can this witness, please, be excused?
9
10
11
THE COURT: Any objection, Mr. Clawges?
MR. CLAWGES: No.
THE COURT: She may be excused.
12 Whereupon,
13 OFF. CHRISTOPHER S. COLLARE
14 having been duly sworn, testified as follows:
15 DIRECT EXAMINATION
16 BY MS. HAMILTON:
17
18
19
20
21
22
23
24
name.
Q
State your full name, and spell your last
A
Q
A
Q
A
Q
Christopher S. Collare, C-o-l-l-a-r-e.
You're a police officer with Carlisle?
Yes, I am.
For how long?
Four years.
Were you working on Monday, November 13th of
25 2000, sometime in the evening?
12
1
A
Q
day?
A
Q
North Street?
A
2
3
4
5
6
9
Q
10 Street?
11
12
13
14
15
16
17
18
19
A
Q
A
passenger's side.
residence.
Q
A
Q
A
20 Bretz Avenue.
Yes.
Do you remember what your shift was that
I was working 6 p.m. to 2 a.m., I believe.
Did you get a call to respond to 103 West
Did you actually go into 103 West North
No, I did not.
What did you do?
I remained in the patrol car in the
Officer Kurtz actually went into that
Were you parked on West North Street?
Yes, we were.
The same side as 103?
We were on the opposite side just east of
21 Q While you were sitting in the passenger's
22 side when Officer Kurtz went in, what happened?
23 A I was sitting in the patrol car. As I
24 looked to my left, which would be directly to Takiya
25 Keller's residence at 103, Robert Anderson walked passed
13
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1 the same -- on the sidewalk directly in front of her
2 residence with another individual, Henry Thompson.
3
Q
He walked right by 103 West North Street?
4 A On the sidewalk, yes.
5 Q Where does 103 sit? Is it right on the
6 sidewalk or is there grass before you get to the sidewalk?
7
A
There's, I would say, three, four feet of
8 grass from the sidewalk, yeah.
9 Q Do you remember what he was wearing when you
10 saw him walk by?
11 A He was wearing like a camouflage military
12 style field jacket.
13 Q Did you see Robert Anderson later that
14 evening at any time?
15
16
17
A
Q
A
A short time later, yes.
And where was he?
He was around in the hundred block of North
18 pitt Street, probably around 150, 152 North pitt Street
19 walking northbound.
20 Q I'm going to show you a diagram of some of
21 the streets of Carlisle. Can you indicate on this map
22 where 103 West North Street is?
23
A
Yes.
It would be right in this area right
24 here. The end of the building would be right about across
25 from Bretz Avenue.
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Q
A
this building.
the building.
Q
A
-'~' . j;
So this is 103 West North Street?
It would be in
there's several units in
103, I believe, is -- it's on this end of
It's the next to the last, I believe.
Is it directly across from Bretz?
It's more caticornered.
Q Where was your patrol car parked when you
saw Rocky Anderson?
A
Q
103?
A
Q
A
Right here.
Right here?
Yes.
Is that directly across from 103 West North
Just east of Bretz Avenue.
Yes.
And you saw him on the opposite side
16 directly in front of 103?
A
Q
A
Q
Street?
A
Q
Yes.
When you saw him walk by 103 West North
19 Street about how far was he from the actual building of
Again, probably three and a half, four feet,
22 maybe five at the most.
And from 103 West North Street to Bretz
24 Avenue, about how much distance would that be?
Maybe 75 feet.
Less than a hundred feet.
17
18
20
21
23
25
15
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1 Q And then when you saw him -- when you saw
2 Robert Anderson again, which direction was he headed?
3
4
A
Q
The second time?
The second time.
5 A He was walking north, which would be back
6 towards West North Street.
7 MS. HAMILTON: I have nothing further.
8 THE COURT: Mr. Clawges.
9 CROSS EXAMINATION
10 BY MR. CLAWGES:
11
Q
Patrolman, when you saw Mr. Anderson walk by
12 103, that was when Officer Kurtz was inside?
13
14
That's correct.
A
Q
With Miss Keller.
She was inside there
15 too?
16
17
18
A
Yes.
I believe so, yes.
MR. CLAWGES:
THE COURT:
No other questions.
Thank you, Officer.
Oh,
19 anything else of the officer?
20
21
MS. HAMILTON:
No, Your Honor.
THE COURT:
Thank you.
You may step down.
22 Anything else, Miss Hamilton?
23
24
25
MS. HAMILTON: No, Your Honor.
THE COURT: Does the Commonwealth rest?
MS. HAMILTON: Actually I believe defense
16
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1 counsel has agreed to stipulate to Commonwealth's Exhibit
2 1, which is a copy of the final protection order dated May
3 12th.
4 THE COURT: Okay. You agree that that
5 exhibit may be admitted as Commonwealth Exhibit Number I?
6
7
MR. CLAWGES: Yes.
THE COURT: It is admitted.
8 (Whereupon, Commonwealth's Exhibit NO.1 was
9 admitted.)
10
11
12
THE COURT: Does the Commonwealth now rest?
MS. HAMILTON: Yes, Your Honor.
THE COURT: Do you wish to present any
13 defense, Mr. Clawges?
14
MR. CLAWGES: No, Your Honor, we're not
15 going to offer any testimony this morning.
16
THE COURT:
Okay.
May I see Exhibit I?
17 Well, it is clear that he violated my probationary order
18 which was much more astringent and more specific than the
19 final protection order. It is not clear that he violated
20 the final protection order. That requires no contact.
21 That doesn't set parameters. That's the reason I set the
22 parameters in my probationary order, and I'll have to enter
23 the following order:
24
MS. HAMILTON: Your Honor, specifically with
25 regard to paragraph 3, it states at the very end of it that
17
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1 he is not to be -- specifically not to be near the location
2 of her residence, which is 103 West North Street.
3 THE COURT: Paragraph 3 says he's not to
4 have any contact with the plaintiff, and it says he can't
5 have that contact with her at the residence, but there's
6
been no testimony with regard to contact.
When I found
7 him in violation of the order before, is when I put the
8 additional parameters on of not being within a specified
9 distance.
10 So with regard to the alleged violation of
11 the final protection order, we'll enter the following
12 order:
13 AND NOW, this 20th day of November, 2000,
14 the Court is unable to find beyond a reasonable doubt that
15 the Defendant violated our order of May 12, 2000.
16 Therefore, the petition for Indirect Criminal Contempt is
17 dismissed.
18 (End of order.)
19
THE COURT: However, Mr. Clawges, I am well
20 aware of what was in my order of probation. This appears
21 to this Court to be a clear violation of that probationary
22 order. I can reschedule this hearing and bring in all of
23 these witnesses yet again if you wish to cross-examine at
24 that point in time or we can proceed today at your leisure
25
on the violation of the probationary order.
Do you have a
18
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1 copy of that?
2
MR. CLAWGES: I do, Your Honor.
3
THE COURT: Okay.
4
MR. CLAWGES: I would ask that we not
5 proceed today on the violation of the order, on the issue
6
about violations of the October 25 order.
I'm not sure
7 that it would be necessary to take testimony from the
8 Commonwealth witnesses whenever that's scheduled.
9
THE COURT:
Can you agree at that point
10 that the -- I'll certainly give Mr. Anderson the
11 opportunity to respond, but can you agree that the
12 testimony that was taken today can be used for purposes of
13 that?
14
MR. CLAWGES:
Yes.
15
THE COURT: Of that hearing?
16
MR. CLAWGES: Yes.
17
Okay. We will enter the
THE COURT:
18 following order:
19 AND NOW, this 20th day of November, 2000, a
20 hearing on Defendant's alleged violation of our
21 probationary sentence of -- is that October 25?
22
MS. HAMILTON: Yes.
23
THE COURT: 2000, is scheduled for Tuesday,
24
November 28, 2000, at 9:30 a.m.
A specific allegation to
25 be addressed by the Defendant is his presence within the
19
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1 prescribed distance of the victim.
2 Counsel for Defendant has agreed that the
3 testimony from today's hearing may be used by the
4 Commonwealth for the support of this allegation. The
5 Defendant will be given the opportunity to answer to that
6 allegation at this scheduled hearing.
7 (End of order.)
8 THE COURT: Anything else, Mr. Clawges?
9
10
MR. CLAWGES: No.
THE COURT:
Okay.
And what I'll do is in
11 the interim -- who's the probation officer?
12 MS. HAMILTON: I believe it's Bruce
13 Althouse.
14
15
THE COURT:
I'll get Bruce to file a formal
petition alleging that.
Okay.
In the meantime, the
16 Defendant is to stand committed in the Cumberland County
17
Prison on
well, this was a probationary sentence, was it
18 not?
19 MS. HAMILTON: Yes.
20 MR. CLAWGES: It was.
21 THE COURT: Okay. So never mind that part
22 of the order. Just delete that part of the order.
23 (Whereupon, the proceedings concluded at
24 9:16 a.m.)
25
20
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause, and that this is a correct transcript of
same.
~A~
M'ichele A. Eline .
Official Court Reporter
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
II~II cfU
Edward E. Guido, J.
Ninth Judicial District
Date
21
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TAKIYA KELLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
00-2721 CIVIL TERM
ROBERT LEE ANDERSON, JR.,:
Defendant
PROTECTION FROM ABUSE
IN RE: PROBATION VIOLATION
ORDER OF COURT
AND NOW, this 28th day of November, 2000,
after hearing, the Court finds that the Defendant is in
violation of the conditions of our prior probationary
sentence.
Said sentence is revoked.
By the Court,
Probation
Edward E. Guido, .J~ I
lap I ; f\ if} Q.&rJ-
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Michelle Hamilton, Esquire
Assistant District Attorney
Timothy L. Clawges, Esquire
Assistant Public Defender
Sheriff
Victim Witness
CCP
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TAKIYA KELLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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V.
CIVIL ACTION - LAW
00-2721 CIVIL TERM
ROBERT LEE ANDERSON, JR.,:
Defendant
PROTECTION FROM ABUSE
IN RE: SENTENCING
ORDER OF COURT
AND NOW, this 28th day of November, 2000,
after hearing, the Defendant having waived a presentence
investigation report, sentence of the Court is that the
Defendant pay the costs of prosecution, a fine of $50.00,
and undergo imprisonment in the Cumberland County Prison
for not less than 1 month nor more than 6 months.
Sentence to date from today's date.
Any eventual conditions of parole shall
contain, at a minimum, the identical conditions set forth
in our prior probationary sentence dated October 25, 2000.
By the Court,
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Michelle Hamilton, Esquire
Assistant District Attorney
Timothy L. Clawges, Esquire
Assistant Public Defender
Probation
Sheriff
Victim Witness
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