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Home My WebLink About00-02741 ~~ .. . . :f. :f. :f. :f.:f.:f. .. _'. ."~~' 0' ;,;h" ~~.''i_.',. i. ,'..0,' :f. ;ti;ti:f. . :f. ;t;;ti ;ti,., . . . . ~. . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS . . . . OF CUMBERLAND COUNTY . . . . STATE OF . ME''/' ,o,Sn Ah c-JU$c-" . . . . VERSUS . ~ II '- ) O-.c. \ A h"\Q.f' ,~Y) . . . . PENNA. No. <:2>0 - Q7 YJ_ DECREE IN DIVORCE NOW'~ ,e . . . . . . . . . AND +2 ~$ff;t1: 1fl11-X. ~ IT IS ORDERED AND . . DECREED THAT ~~I, 8,<:;", AndQrS'Cl"ro. , PLAINTIFF, . ~,1o..c.(( And ers",Y'\ AND . , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . ;Jg'~ - . . . . . . . . . . . . . . .~_ ,J, ~~;~HONOTARY . . ;ti ,.,,., ,., . ,., iF.;ti ;F. . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . ~ j,l-!tl-&:) ,I.;;, /<!-~ ~,.,,, M..'.. '''."''- - ~-", ~~. n V" ~"~'i ", '- '.J' M-~~~~ S1~ ~$~ "- """:"",.. ~~ .~I~ ,t!f'i._", l'~~~'~l'"""'"1!.1I!!lI _,._ _ ,~ , ,",n_,,' "_"0 _'0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA ANDERSON PLAINTIFF V. JACK ANDERSON DEFENDANT NO, 00-2741 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. The ground for divorce: Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: May 4,2000 personal service by the Cumberland County Sherriff's office 3. Date of execution of the plaintiff's affidavit required by Section 3301(c) of the Divorce Code; November 22, 2000 (b) by defendant: November 1, 2000 4. Defendant has waived the right to notice of entry of divorce decree, 5. All Economic _Jllm/oo Date ' issues have been r~ed between the parties. --~---------- Daniel Pollock Attorney for the Plaintiff Daniel Pollock 3105 Old Gettysburg Road Camp Hill, Pennsylvania 17011 Super, Ct. Id. No, 70315 (717) 737-7566 iU~iJiII"H~;j,IMJii!r;.~_1~iJilii!il.'~l'iIIij_!ilfQ1~"ril;~m!i."'!YJilI<,~!.~l~'f!f--' "" . . ., 1r"' ~r." - ~ ~ ~~11 n CJ ~ 0 0 2: -n "OJ -~ !E9j 0 :::C <<::: r"-1'"T1 Zs;:: Co) 'j= t:?Z TJrT1 0 :00 !) , ~D ~ :':;6 18 ::c:p (:l':5 ~ .....;..c ~ i'Srll ,_w );! I'V ::n -< ~- _1l " ~ . ~'~~t~: , . '~ 'f ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Melissa Anderson PLAINTIFF NO,~_~~)~j_____~ v, CIVIL ACTION - LAW Jack Anderson DEFENDANT IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court, A Judgment may also be entered against you for any other relief requested in these papers by the Plaintiff. You may lose money, Property, or other rights important to you, When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, a list of marriage counselors is available in the office of The Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania, 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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 ASSISTANCE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA, 17013 TELEPHONE (717) 249-3166 ',il'~ ~ ~. ~~ " L. , "If " ~O~OM~.f " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Melissa Anderson PLAINTIFF NO ,_rf!..::.2:.:z:t.L~~ v, CIVIL ACTION - LAW Jack Anderson DEFENDANT IN DIVORCE A[[IQAYII_Q[_MAfifiIAGE_QQQMQ~kIMg Melisssa Anderson, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of counseling and understand that I may request that require that my spouse and I participate in counseling, marriage t,he COLJ,rt 2, I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request, 3, Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalities of 18 Pa, C,S, Section 4904, relating to unsworn falsification to authorities, Date:_~~~_____________, 2000 ~i1Dd~ Melissa Anderson -, li~ ,~ ~~ lofJ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Melissa Anderson PLAINTIFF V, '" - < A ..-' NO,_~=_~!~~_~_~ CIVIL ACTION - LAW Jack Anderson DEFENDANT IN DIVORCE QQM~~AltlT-Itl_~IYQEQ~ AND NOW, this 27th day of April 2000, comes the Plaintiff, Melissa Anderson, by and through her attorney, Daniel Pollock, Esquire, and files the following Complaint in Divorce whereof the following is a statement: COUNT I DIVORCE 1. The Plaintiff, Melissa Anderson, is an adult individual who currently resides at 420 S, High Street Mechanicsburg, Pa, 17055, Cumberland County 2, The Defendant, Jack Anderson, is an adult indi.vidual who current Address is 420 S, High Street Mechaniscburg Pa, 17055, Cumberland County" The Defendant is currently incararated in Cumberland County Prison awaiting charges of Terroristic Threats among other charges, 3, The Plaintiff and Defendant were married on October 31, 1997 and separated on or about April 20, 2000, when Jack Anderson was incarerated in Cu.mberland County Prison, 4, The Plaintiff has been a bona Commonwealth of Pennsylvania for at mont,hs immediately previous to the fide least filing resident of the the prior six (6) of this complaint, 5. There have been no prior actions of divorce or annulments between 'the parties, 6, been advised of the availability the parties and the right to requ.est parties to participate in counseling, of t,h8 The Plaintiff has counseling between Court require both 7, Both the Plaintiff and the Defendant are sui ,Juris a.nd :H'Co '1.~~ - ~.- U 11 ~. -0 " IiditJ .' citizens of the United States, 8, The Plaintiff avers that the grounds on which the action is based are that the marriage is irretrievably broken, COUNT II : DIVORCE INDIGNITIES UPON THE PERSON 9. Paragraphs 1-8 are incorporated by reference. 10, Throughout Jack Anderson violence upon leaving, the course of their marriage and cohabitation has subjected Melissa Anderson to threats of her and her family in order to keep her from 11, Throughout the course of their marriage and cohabitation Jack Anderson has used unwelcome physical force against the person of Melissa Anderson in order to coerce her into behaving in a particular manner, 12, Jack Anderson has repeatedly used illegal drugs in the marital home againgst the wishes of Melissa Anderson, 13, Jack Anderson has repeatedly over the past year stolen Melissa's Anti-depressant prescription drugs and their child's mood altering prescription drugs to use for his own benefit, 14. a.nd one Jack Youth being Anderson's behavior has led Cumberland Services to remove their two children only 5 months old as of this date, County Children from their home, 15, Jack Anderson has forbid Melissa friendships with people with whom she with unless he approves of them, Anderson from maintaining choses to have friendship 16, Jack Anderson refuses to allow Melissa Anderson to visit friends or family unless he is around her, 17, These above mentioned behaviors amount to indignities to the person of Melissa Anderson which makes her life burdensome and her condition intolerable, Wherefore Divorce should be granted to Melissa Anderson on the grounds of Indignities to the person, under 23 Pa, C.S, 3301 a(1) (6) COUNT III : DIVORCE CRUEL AND BARBAROUS TREATMENT 18, Paragraphs 1-17 are incorporated by reference, iLl ~. ~.... - ~~ " .....~..~"'~ , " 19. Throughot Anderson has beatings, the course of their marriage and cohabitation Jack subjected Melissa Anderson to several physical 20. On or about April 17, 2000 Jack Andersom woke Melissa Anderson from sleeping by choking her, 21, Jack Anderson has repeatedly choked Melissa Anderson to get what he wants from her during the course of their marriage and cohabitation, 22, On or about April Melissa's Anti-depressant medication for his own use, 1, 2000 Jack Medication and Anderson Confiscated misappropriated the 23, During the course of their marriage and cohabitation Jack Anderson has repeatedly tried to kill Melissa Anderson by smothering her with various objects, Wherefore Melissa Anderson Should be granted a divorce on the grounds of cruel and barbarous treatment, WHEREFORE, The Plain'tiff requests this Honorable Court to enter a decree of divorce, divorcing the Plain'tiff from t,he bonds of matrimony heretofore existing between the Plaintiff and the Defendant, 7u~;~:t Daniel Pollock, Esq, Attorney for the Plaintiff Melissa Anderson Daniel Pollock,Esq, 3105 Old Gettysburg Road Camp Hill, Pa, 17011 Super Ct, Id. 70315 (717) 737-7566 ~.,~ ..... .1Iu..'- L. " ~ r -j ~ ~ . -17-, , " I verify that the statements made in this complain't are true and correct to the best of my knowledge, I understand that false statements knowingly made herein are subject to the penalties of 16 Pa, C,S, 4904 relating to unsworn falsifications to authorities, IiIl, .::< ~ 1- 00 _~__0________ D"te ~~\.- Melissa Anderson ~1~~~!il!1,;ij:~b~lItt"J'IW~~~~tiiIM~~1 i\!!j ,~ ~-~~ . < ~~,,~.~ "q ~ill~4lll~'""""'"''''''''lil'' """"', ".~ -." ,"." ~-'tt ~ V\ ....... C;!, ~ 1 ~ ~ ~ . 1 V\. 0 a 6 ~ Cj ~,; 0 '0 ~ \ ~ -r.i cr-,~ :x :;::r~', "'" C,!lfT! -< d:;:!): '- z::n 'r~ ~ , zc I ."("tfh Wz W zgb , ^ rso ~ -I ' ~ <- -v :J:jf ?-(") ::::: f'J' ~ ~b z~ )>c: r:-; 0 Z W ~ ~ ~ Cl -< t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA ANDERSON PLAINTIFF V, NO. 00-2741 CIVIL ACTION - LAW JACK ANDERSON DEFENDANT IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on MeY-!~_2QQQ. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final decree of divorce. 4. I understand that all marital property has been divided between the defendant and myself according to agreement, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, 4904 relating to unsworn falsification to authorities. Date: /I. m-OO y\9JJ1W.LlJ vOQ;7t{JlAf Melissa Anderson Plaintiff Ilj~i_iill!liil~!Mi!!-_~~maill~jl~~,"~BMij;:.jJI~~~;;l~~ I. ~ -" ~. ~~ -~"~ _ O~ _.__ , H "tri InTl.].- " -PlllI1l IL:',: 11'" '~ " -,. . ~ , 'L 0 C:) (:~ C 0 :?:: ._~ -u (::.-:.: c~ nl rr: z: ::l :z: C f'...J en ~~:: co -< r'- ~ <:': ~.' '.; '> C:., ..",;,~ Z: 5> C c ~~1 ~ => =< ~,D _u -< -, '1M," ,;. , L ~olilliIII"",:. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA ANDERSON PLAINTIF'F NO. 00--<2741 v, CIVIL ACTION - LAW JACK ANDERSON DEFENDANT IN DIVOHCE: AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on _tl2~_~~_~QQQ, 2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint, 3, I consent to the entry of the final decree of divorce, 4, I have waived my right to notice of the request for entry of the divorce decree, 5, I underst.andthat all marital property has been divided between the plaintiff and myself according to agreement, I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 4904 relating to unsworn falsification to authorities, Date: !/-(--od ~ ------------------ ~I.ii'"' ~ -,~j"'~I.;ftfii~~~I#h~l'ii~-1.1I<i;iWJl\Yi,W'(i!ihactl~~l:lU~:lIfJb'~~-~:~ ,,~~~.~." H~.~A~_"" _.~.,~_~,__"~",,,,,, _~___"." Pe"_ --," II ~.. , , ,', ,,".""n","'~"'- _.' .' " ., , _ H _. ,~ - . -~_..,- (") c: ;;>> tRi'D ~2?> ;::S~~- ?l(~;~ );;0 c: <: :::! :-::J - a 'D .. l-!'lt c.) c:. '- -' 'i-i ;;?- .::5 -'- '" Co .b! en -< ~ 'l'i., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA ANDERSON PLAINTIFF NO. 00-2741 V, JACK ANDERSON DEFENDANT CIVIL ACTION - LAW IN DIVORCE WAIVER OF THE NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, 4. I understand that all marital property has been divided between the plaintiff and myself according to agreement. I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, 4904 relating to unsworn falsification to authorities, Date: J/~;}.~-bO ~cli~ ~ Melissa Anderson Plaintiff 1tl!~Mtli~~Ml\!i;.;lilifU'ffl' Itfi]"-~lr IiI!lliiH~~~W!;O~~I~\!II!l,!II(:iliH'.ft!itL]i ""~ _ ',L <~ _~., , _ _= '-""0 > " ~., .. ~".H". ."Y- ", " ,," --< , "';' - ..,<.'~, = r--"~'- -.., ~. Ll~ e 0 0 0 -n s:: Z ---f -:om 0 -'~ 293 <: lnp zS;; w -pfTl CO',? ~z 0 ,"-" -~"'u ~o -,:, ::? "Ti ~.~ ::II: '--n Q(') ":? <-m 0 ~ w ~ N -< - , - ~ . -. .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA ANDERSON PLAINTIF'F NO, 00-;2741 v, CIVIL ACTION ~ LAW JACK ANDERSON DEFENDANT IN DIVORCE WAIVER OF THE NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1, I consent to the entry of a final decree of divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, 4, I understand 'that all marital property has been divided between the plain'tiff and myself according to agreement. I verify tha't the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 4904 relating to unsworn falsification to authorities, Date: _Lj:::i_~e.ct.___ ;JACK ANDERSON Defendant ~~lIl~_lit-"[iHU~til'~ll'llil.i!~ltlir~~'-U;"'iW"",JliIl,ikl-iI~~\\II'i;!liWmiLOO:"[flL'lr~lJ . --~ ., , ~ It' tlli(ji.lll !.~Jk; ~" o c <"' ~~t; C0 ~,.,. i~ 5 -< , '-.'" 23 ~ c:~) c~ 'i--j ;;~.J r....:; co J l~~, I ,-~, "-.' - ""j ......1 t5 C)fYJ 3$ -< C; :J '0 ~ _' L ,. --. "'>' , .," -0 j~ :" T SHERIFF'S RETURN - REGULAR CASE NO: 2000-02741 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDERSON MELISSA VS ANDERSON JACK JACOB BAKER , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon ANDERSON JACK the DEFENDANT , at 0015:55 HOURS, on the 4th day of May , 2000 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE 1 PA 17013 by handing to JACK R, ANDERSON a true and attested copy of COMPLAINT - DIVORCE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31. 10 sO;;~n_t:~1 R, Thomas Kline 05/09/2000 DANIEL POLLACK Sworn a,rld Subscribed tO,before By: ~~~?v, ,~ me this U;- day of rv. A}: d..1J7J1J A.D. gu eX' (}.)1" . j /.: , tOrt' ,r honotary, .'. c._,~__ 'j! ,,,:~.... T SHERIFF'S RETURN - REGULAR CASE NO: 2000-02741 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDERSON MELISSA VS ANDERSON JACK JACOB BAKER , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE, was served upon ANDERSON JACK the DEFENDANT , at 0015:55 HOURS, on the 4th day of May , 2000 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by hanrling to ~: ,,',r,. JACK K. 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. Additional Comments DEFENDANT STATED THAT HE WAS NOT IN POSSESSION OF ANY WEAPONS. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 3.10 .00 10.00 .00 19.10 So Answers: , r~ft"~~~1 R, Thomas Kline 05/09/2000 Sworn and Subscribed to before By: ~~e~r ,J~ me this,/[,- day of fubY 02uv0 A.,D, 0t'A.- () Ilv#P: d/~'i' . P othonotary : :" _I .~ ,~.-- --~- --~;." "'. ",- ~- '. \. \ ..\ , , , . . A MELISSA ANDERSON PETITIONERlPLAINTIFF: v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION- LAW NO. 00- 2741 PROTECTION FROM ABUSE JACK ANDERSON RESPONDENT-DEFENDANT TEMPORARY PROTECTION FROM ABUSE ORDER DEFENDANT'S NAME: JACK ANDERSON DEFENDANT'S DATE OF BffiTH: 07-20-70 DEFENDANT'S SOCIAL SECURITY NUMBER: 207-54-2797 NAMES OF ALL PROTECTED PERSONS: MELISSA ANDERSON, JORDAN ANDERSON, CHILD OF MELISSA ANDERSON, LUCAS ANDERSON, CHILD OF MELISSA ANDERSON MARY LOWE, GRAND MOTHER OF MELISSA ANDERSON ffiVIN LOWE, GRANDFATHER OF MELISSA ANDERSON SUSAN KEENE, MOTHER OF MELISSA ANDERSON GARY KEENE, FATHER OF MELISSA ANDERSON AND NOW, TIDS JIll '1of1 DAY OF MAY 2000 upon consideration of the attached Petition for Protection from Abuse, the court enters the following Temporary Order. I, Defendant shall not abuse, harass, stalk, or threaten any of the above persons in any place where they made be found, 2, Defendant is evicted and excluded from the residence at 420 s, High Street Mechanicsburg, Pa, 17055 or any other permanent or temporary residence where the plaintiff may live, The Plaintiff is granted exclusive possession of the residence, defendant shall have no right or privilege to enter or be present on the premises, 3, Except for such contact with the minor children as may be permitted by Cumberland County Children and Youth services, The Defendant is prohibited from having any contact with the plaintiff at any location, including the plaintiffs Place of employment.and the Plaintiffs children's school. Defendant is specifically ordered to stay away from the following locations for the du61ion of this order:, Rossmoyne Business 'I,,, ",: ,. ~",l,.- _u-h" ~ ~,,__-,"._ . ;'" . .L( , ~ Plaza, Mechanicsburg Pa, 1000 yards of 420 s, High Street Mechanicsburg, Pa, 17055 4, Except for such contact with minor children as may be permitted by paragraph 5 of this order and Cumberland County Children and Youth Services, Defendant shall not contact Plaintiff by telephone, or any other meanS, including third persons, except the defendant may make contact through his and her attorneys' to settle ongoing court related matters, 5, Pending the outcome of the final hearing the minor children, Jordan and Lucas Anderson are in the Custody of Cumberland County Children and Youth Services until they are released by the Court, Upon Being released by the Court The Plaintiff is Awarded TemporaIY Custody, Until a final hearing All contact between the Defendant and the minor children is to be regulated by Cumberland County Children and Youth Services, 6,DEFENDANT SHALL IMMEDIATELY SURRENDER ALL WEAPONS HE OWNS TO THE CUMBERLAND COUNTY SHERRIFF'S OFFICE OR ITS DESIGNEE, DEFENDANT IS PROHIBITED FROM POSSESSING, TRANSFERRING OR ACQUIRING ANY OTHER WEAPON FOR THE DURATION OF THIS ORDER. 7, A Certified Copy of this Order shall be provided to the Police Department where the Plaintiff resides or will reside, Currently the Mechanicsburg Police Department. THIS ORDER APPLIES IMMEDIATELY TO THE DEFENDANT AND SHALL REMAIN IN EFFECT UNTll., MODlFlliD OR TERMINATED BY TmS COURT AFTER HEARING. NOTICE TO DEFENDANT DEFENDANT IS HEREBY NOTIFlliD THAT VIOLATION OF THIS ORDER MAY RESULT IN ARREST FOR INDIRECT CRlMINAL CONTEMPT, which is punishable by a fine of up to $1,000,00 and / or 6 months in jail. 23 Pa, C,S, 6114, 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, 6113, Defendant is further notified that violation of this Order may subject himlher to state charges and penalities under the Pennsylvania Crimes Code, and to federal charges and penalties under the Violence Against Women Act 18 U.S,C, 2261-2262, NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have Jurisdiction over the plaintiff's residence, or any location where a violation occurs, or where the defendant may be located, If the Defendant violated any part of this order, defendant may be arrested for indirect criminal contempt. An arrest for violation of this order may be made -, J "' ,~ , .-~. without warrant, based solely on probable cause whether or not the violation was committed in the presence of a law enforcement officer, Subsequent to 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 be forthwith be delivered to the Sheriffs Office of Cumberland County, Which office shall maintain possessiopn of the weapons until further Order of the Court, Unless the weapons are evidence of a crime, in which case they shall remain in the custody of the law enforcement agency whose officer made the arrest. BY THE COURT -?'~ A tL / J. hl; 'I ZAOO date s-~ WL~dr, Pst J. U -I'b(I~ F\\.ED-OR4CE Or. 1\:<:: pnnT1-1':' '(i'" nV "f .!I'~' 11.j'I,Vl~",,'lm' 00 Kai' -4 PH 2: 43 CUM8ERV,\!Q COUNT< PENNSYLVAi\l\A i II Ii I' Ii I I II I . ~l.e ,,~ ','. >.\ .'i - .'",",,',~ ~v-~~mlll)'!'_~'~',~~ .. nl ...IIII! - ! _~ "",,or-I,M" J~~II! . '" .J , ~~.~."; '. T M1AY 0 3 2000tJ ~ . ------------------------- Melissa Anderson Petitioner/Plaintiff: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v, Jack Anderson Respondent/Defendant: Civil Action- La~ . No ,_.!l2:....c22.(fL~____ Protection From Abuse ORDER OF THE COURT AND NOW The Day of May 2000, The Defendant, Jack Anderson is ordered not to have any contaot, phy~io~l, written or verbal, whatsoever with Melissa Anderson or any member of her extended family unless expressly granted by Court Order, or to expedite the business of the court, Melissa Anderson is granted exclusive possession of the household, and Jack Anderson is prohibited from coming within 1000 yards of the residence,or place of employment of Melissa Anderson, This Order Shall remain in effect until Altered by this Court or by operation of Law, BY THE COURT DATE J, b-~'''J " Melissa Anderson Petitioner/Plaintiff: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v, Jack Anderson Respondent/Defendant: Civil Action- Law No,_____________________ Protection From Abuse PETITION FOR PROTECTION FROM ABUSE TO THE HONORABLE JUDGES OF THE CUMBERLAND COUNTY COURT OF COMMON PLEAS: The Petition of the Plaintiff, Melissa Anderson, By and through her Attorney Daniel Pollock, Esq, Requests this Honorable Court to Grant her an Order of Protection From Abuse from her husband, Jack Anderson for the reasons mentioned in the petition below, 1, The Plaintiff, Melissa Anderson is an Adult Individual who resides at 420 S, High Street Mechanicsburg, Pa, 17055 2, The Defendant, Jack Anderson is an Adult Individual who resides at 420 S, High Street Mechanicsburg, Pa, 17055, The Defendant is currently in the care of the Cumberland County Prison awaiting trial for terroristic threats,among other charges, 3, Prior to being arrested the Defendant had engaged in a pattern of abusive behavior toward the Plaintiff, 4. On or about April 14, 2000, Jack Anderson had threatened to kill Melissa Anderson and her extended family 5. On or about April 17, 2000 Jack Anderson woke Melissa Anderson up at 1:30 A.M, choking her, threatening to kill her, and her extended family, 6. Within the past month, Jack Anderson had deprived Melissa Anderson of her Anti-depressant Drugs and misappropriated the drugs for his own purpose. 7, Jack Anderson had been actively seeking a gun on and around the streets of Mechanicsburg so that he could carry out his threats against Melissa Anderson and her extended Family, prior to his arrest by the Police for terroristic threats, For the above stated reasons The Petitioner Prays that she Be Granted A Protection from Abuse Order Against Jack Anderson - ~~ -" --" ="""'"- , ,-- which Limits his Access to her and their Home as well as her relatives, fUI~ Daniel Pollock, Esq, Attorney for the Plaintiff Melissa Anderson Daniel Pollock, Esq, 3105 Old Gettysburg Road Camp Hill, Pa, 17011 Super, Ct, Id, 70315 (717) 737-7566 = ~ ~ ,~ ''''P''~" . .' . . I verify that the statements made in this petition are true and correct to the best of my knowledge, I understand that false statements knowingly made herein are subject to the penalties of 18 Pa, C,S, 4904 relating to unsworn falsifications to authorities, 4-,;('1- /'.;-" ________J,..t.u___ Date _mW~.L~ Melissa Anderson - - ~ '-'!~IF tr . ' .' .' - . . .--------------------- Melissa Anderson Petitioner/Plaintiff: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v, Jack Anderson Respondent/Defendant: Civil ~ction- Law No (!/() - ;:J 7 <./ / ._------~-~-------- Protection From Abuse NOIIQ~_QE_H~ABINQ_AN~OR~~B 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 and you may lose rights that are important to you, .LH~ARllliLmLT.HI~U1ATT~R IQ._Q.CHEDULED FOR 1n ~ /:< -'- ___200Q..... AT/;30P.M~_IN~QQYRTBQQM_~_~QE_T.H~_CUtl~ER~__~_QQYNT.Y QQYRT.HOUSE....._QAR~IQ.LE-,--:eENNQ.Y~YANIA~ 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, Violations 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 and/or 6 months in jail under 23 Pa, C,S, 6114, Violations may also subject you to a prosecution and criminal penalties under the pennsylvania Crimes Code, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, YOU HAVE A RIGHT TO HAVE A LAWYER REPRESENT YOU AT THIS HEARING, THE COURT WILL NOT HOWEVER APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, IF YOU CAN NOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PA, 17013 TELEPHONE NUMBER (717) 249-3166 AMERIgAN_NIIH_DIQ.~I~ITI~Q._AgI_QE_l~~Q The Court of Common Pleas of Cumberland County is required by Law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before this court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business-, before the court, You must attend the scheduled conference or hearing, - ~ '~-,-.~ .'~_ k_:":. . ',- ".,t-j . /. .... " >> MELISSA ANDERSON PETITIONERlPLAlNTIFF: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. JACK ANDERSON RESPONDENT-DEFENDANT CIVIL ACTION- LAW NO. 00- 2741 PROTECTION FROM ABUSE FINAL PROTECTION FROM ABUSE ORDER DEFENDANT'S NAME: JACK ANDERSON DEFENDANT'S DATE OF BIRTH: 07-20-70 DEFENDANT'S SOCIAL SECURITY NUMBER: 207-54-2797 NAMES OF ALL PROTECTED PERSONS: MELISSA ANDERSON, JORDAN ANDERSON, CHILD OF MELISSA ANDERSON, LUCAS ANDERSON, CHILD OF MELISSA ANDERSON MARY LOWE, GRAND MOTHER OF MELISSA ANDERSON IRVIN LOWE, GRANDFATHER OF MELISSA ANDERSON SUSAN KEENE, MOTHER OF MELISSA ANDERSON GARY KEENE, FATHER OF MELISSA ANDERSON AND NOW, TmS 15TH DAY OF MAY 2000 , the court having jurisdiction over the parties and the subject matter, it is ORDERED, ADJUDGED, AND DECREED as follows: Based on the evidence presented in open court during the hearing concerning this matter on May 12,2000 The Plaintiffs request for a final protection order is granted 1. Defendant shall not abuse, harass, stalk, or threaten any of the above persons in any place where they made be found, 2, Defendant is completely evicted excluded from the residence at 420 s, High Street Mecbanicsburg, Pa, 17055 or any other permanent or temporary residence where the plaintiff may live, The Plaintiff is granted exclusive possession of the residence, defendant shall have no right or privilege to enter or be present on the premises, Upon release from the custody of the criminal justice system the defendant is to I \. ~ ... . - "-, -7 ' -,~. _ '---.-," .' ,---" ". .,. RLED-Ot-rU OF we 'r':>D(\TI"inNiO'1"Any .I .,.~ ,1-...1 _J< 'If'\n 00 tm 17 PI'l 2: 21 CUMBSFi~~ND COUNT'{ PENNSYLVN,JIA ,'" ,~ -- ~ ~ ~ ~ "'.. . "1""-.L-,~ .~-~.~_o III. .' . ",' " '''.CCT ., i-.__; ,--- --)" ,_o~ ___!~ -~ .. " - - , - --"~'~t) , I' " , , make arrangements with the counsel for the plaintiff and the Cumberland County Sheriffs Department to enter the residence for the sole purpose to retrieve his clothing and personal effects, provided that he is accompanied by a sheriff or law enforcement officer when such retrieval is made, 3, Except for such contact with the minor children as may be permitted by Cumberland County Children and Youth services, The Defendant is prohibited from having any contact with the plaintiff at any location, including the plaintiff's Place of employment.and the Plaintiff's children's school. Defendant is specifically ordered to stay away from the following locations for the duation of this order:, Rossmoyne Business Plaza, Mechanicsburg Pa, 1000 yards of 420 s, High Street Mechanicsburg, Pa, 17055 4, Except for such contact with minor children as may be permitted by paragraph 5 of this order and Cumberland County Children and Youth Services, Defendant shall not contact Plaintiff by telephone, or any other means, including third persons, except the defendant may make contact through his and her attorneys' to settle ongoing court related matters, 5, Pending the outcome of the final hearing the minor children, Jordan and Lucas Anderson are in the Custody of Cumberland County Children and Youth Services until they are released by the Court, Upon Being released by the Court The Plaintiff is granted primary custody of the children,. subject to whatever visitation the Cumberland County Children and Youth Services may allow the defendant. Until further order of the court, All contact between the Defendant and the minor children is to be regulated by Cumberland County Children and Youth Services, 6,DEFENDANT SHALL IJV1MEDIATEL Y SURRENDER ALL WEAPONS HE OWNS TO THE CUMBERLAND COUNTY SHERRIFF'S OFFICE OR ITS DESIGNEE, DEFENDANT IS PROHIBITED FROM POSSESSING, TRANSFERRING OR ACQUIRING ANY OTHER WEAPON FOR THE DURATION OF THIS ORDER. 7, A Certified Copy of this Order shall be provided to the Police Department where the Plaintiff resides or will reside, Currently the Mechanicsburg Police Department. { } Brady Indicator a, The Plaintiff is a protected person because she is the spouse of the defendant. b. This Order is being entered after a hearing of which the defendant received actual notice and had an opportunity to be heard, c, The Defendant has been ordered to refrain from harassing, stalking, or threatening Plaintiff or other protected persons noted in paragraph I, . --I .., I ~-, , /" ... , , d,The Defendant represents a credible threat to the physical safety of the plaintiff or other protected persons listerd in Paragraph I of this order, THIS ORDER SUPERCEDES THE PRIOR lEMPORARY PROTECTION FROM ABUSE ORDER OF MAY 4, 2000, ALL PROVISIONS OF THIS ORDER SHALL EXPIRE IN ONE YEAR, ON MAY 15,2001 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 6 months in jail. 23 Pa, C,S, 6114, violation of this Order may subject you to Prosecution and criminal penalities 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 TIDS STATE AND INTENTIONALLY VIOLATE TIDS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL CHARGES AND PROCEDINGS UNDER THAT ACT. 18 U.S.C. 2261-2262 IF THE BRADY INDICATOR IS 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 POSESSION, TRANSPORT, OR RECEIPT OF FIREARMS, OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The Police who have jurisdiction over the plaintiff's residence, or any location where a violation of this order may occur, or where the defendant may be located shall enforce this order. an arrrest for violation of paragraphs 1-6 of this order may be made without warrant, based solely on probable cause whether or not the violation was committed in the presence of a law enforcement officer, 23 Pa, C,S, 6113 Subsequent to 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 be forthwith be delivered to the Sheriff's Office of Cumberland County, Which office shall maintain possessiopn of the weapons until further Order of the Court, Unless the weapons are evidence of a crime, in which case they shall remain in the custody of the law enforcement agency whose officer made the arrest. ~ -lit , j " , . " ./ - " " " When the Defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom the defendant is to be arraigned, A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer of the plaintiff. Plaintiff's presence and signature are not required to file this complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set, and both parties given notice of the date of the hearing, BY THE COURT ~ ,,4;L / J. /~. 5cJtJ -0 0 -devd ~ 10 PS P .5 - ~~-()O ?-\Z~ M'!:1 '3 ~t:JO date OS/22/00 MON 14:31 FAX 717 240 6573 -,...-, cmm CO PROTHONOTARY " "'~ - ~ 141001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION lD ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* 1877 92490779 OS/22 14: 26 04'45 6 OK ()() - J7t( I , I ,-.:.. ~ "'- """'.d MELISSA ANDERSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 00-2741 CIVIL TERM JACK ANDERSON, Defendant PROTECTION FROM ABUSE IN RE: PETITION FOR PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 12th day of May, 2000, after hearing, the court will grant a final protective order upon its presentation to the court. Pending same, the temporary protective order shall remain in full force and effect. By the Court, Daniel Pollock, Esquire For the Plaintiff Ad. A'~.~ 5-lt -00 RK5 Jack Anderson, Pro Se CCP Sheriff C~ probation i9:l :bg I " ,,, ", ....." .".'" """,~','," T" ", , IT"",,"~-_~ 11!!!il~. ....,.....,". ...".,."..~~ ~" m ., M_~,~<" . ~, R\JD-OFf\CE or; TPC; DPrY1'i..!(l~\OiTbR" <..- .".w 1.1 ,v;1 ,,-,, 1"" 11 GO H~\( \ G I'll 3: I \, CUi\j'\t3r:}\LL;>1U COUNTi PEj\\l\~SYLV,:\t'.l\lf\ /~~~'ijl.,.~ .~~!IWI~ - ~~""""'"".,,-- ~ ~..- '"OJ[ ~if,,~~, -,1l!J!I!~ ~ .-~-:- . t, , MELISSA ANDERSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 00-2741 CIVIL TERM JACK ANDERSON, Defendant PROTECTION FROM ABUSE IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Friday, May 12, 2000, in Courtroom Number 4. APPEARANCES: DANIEL POLLOCK, Esquire For the Plaintiff JACK ANDERSON, Pro se i ~ I ,",',' ,," ~ ~-~ ~-~ 1"1~',__"""!'77~"," lii?1lfilI.Jfi!n~'"'l,,,l4\l ',~ "'~~ I '-"~ -'" r-fLE[).-O~'FICE T"~ ~r',,..,T'! "~'i"'''''R. y j r~;:. iC-:~,-/ I ;'~~l_)i\\11r\ DOH,AY 16 PH 3: r! "/I"I";;:'!'" !"1'" (Y'U,''';y Gulv b~~r1,:_ 1','....1 vU Ii! I . PENNSIU;\i\'fA ~1tl!~'1III!I!t'~ I "J""_~"""""" _" ""V" "III:~I'M~! '! ~~ ? .1< ,_,J," . FOR THE PLAINTIFF Melissa Anderson Alison Sunderland William Sunderland Irvin Lowe Susan Kenee FOR THE DEFENDANT Jack Anderso)1 INDEX TO WITNESSES DIRECT 2 5 11 14 17 23 26 I~! \ ': -:t ~r CROSS Iii ':! ", i: 8 i ill ')i it :r 16 1i '[ 22 ,;~ :1 j' ~i 27 7 { 1 THE COURT: Now, it has been communicated to 2 me that there is some confusion as to whether Mr, Anderson 3 is represented, and, if so, by whom, Am I right about 4 that, Mr. Anderson? 5 THE DEFENDANT: Yes, 6 THE COURT: Was Mr, Jones representing you 7 in some aspect of these proceedings? 8 THE DEFENDANT: Yes. He came over to the 9 prison yesterday to see me about other things -- 10 THE COURT: Did he discuss this PFA with 11 you? 12 THE DEFENDANT: Yes, he did. 13 THE COURT: And did you go over the time of 14 the hearing with him? 15 16 17 THE DEFENDANT: No. THE COURT: Did he seem to be aware -- THE DEFENDANT: Yes. He said that it was 18 supposed to be today. Yesterday he told me that at the 19 prison, 20 THE COURT: But he is not here? 21 THE DEFENDANT: No. 22 THE COURT: And you say, Stu, that we have 23 tried to contact him at his office? 24 THE TIPSTAFF: Yes. We called over to his 25 office, and he is not in his office. We left word there 3 J ~ f 1 for him to call back here. This was five minutes ago that 2 we called over to his office. 3 THE COURT: Were you aware that Mr. Jones 4 was representing him? 5 MR. POLLOCK: No. As a matter of fact, when 6 I talked to him today, I had a dependency conference in a 7 related matter involving these parties and Children & Youth 8 in front of Judge Oler at 1:15. And he expressed that he 9 was only representing Mr. Anderson for the dependency. 10 THE COURT: Well, we need to get to the 11 bottom of this. You do desire to proceed to a hearing, do 12 you, Mr. Anderson? Do you want an attorney to represent 13 you? 14 THE DEFENDANT: Yes, I do want an attorney 15 to represent me. 16 THE COURT: Well, you have a statutory right 17 to do that. Well, we will see if we can get to the bottom 18 of it here in the next few minutes and try to contact Mr. 19 Jones. If I continue the matter, I will keep the temporary 20 protective order in effect so it will be without prejudice 21 to your client. The law is very clear that he has a right 22 to have a lawyer. Now, in this stage of the proceedings, 23 not a court-appointed lawyer. He would have to hire his 24 own attorney at this particular stage of the matter. But 25 he is telling me Mr. Jones represents him. We will see if 4 > 5 6 7 8 9 10 11 ,-' " -,~.- .-. , 1 we can find Mr. Jones this afternoon, 2 MR. POLLOCK: I know he was here -- 3 THE COURT: Well, then let's straighten up 4 and fly right in this case. There has been a lot of miscommunication. This is just part of it. The sheriff told me nobody even told them to bring this man up this afternoon. We need to get our act together in this case. See if you can find Mr, Jones. (Whereupon, a recess was taken.) AFTER RECESS ;; THE COURT: Now, Mr, Anderson, do I 12 understand that you have since spoken to Mr. Berry? 13 14 THE DEFENDANT: Yes. THE COURT: And you do understand your 15 situation now? 16 THE DEFENDANT: Yes. 17 THE COURT: And it is your desire then to 18 proceed pro se? 19 20 THE DEFENDANT: Yes, THE COURT: You can remove his handcuffs, 21 and give him a pad and pencil. He may want to write 22 something down. Go ahead. 23 MR. POLLOCK: Your Honor, I would like to 24 call Melissa Anderson to the stand. 25 Whereupon, MELISSA ANDERSON, having been 5 ) r 1 2 3 4 5 6 7 BY MR. POLLOCK: , , - : ~~ " . duly sworn, testified as follows: DIRECT EXAMINATION Q Ms. Anderson, will you state your name and spell your last name for the court? A Melissa Anderson, A-n-d-e-r-s-o-n, Q And you hired me to file a protection from 8 abuse petition against Mr. Anderson? 9 10 11 12 13 14 A Q A Yes. Why? Because of threats he has made to me. Do you want details? Q Yes, Please. A We were out at the Legion with our friends. 15 THE COURT: Could you get a little closer to 16 the microphone and talk into the top of it? I am having a 17 little trouble hearing you. 18 THE WITNESS: Okay. We were out at the 19 Legion. And he said he was going to kill me and my family 20 and a friend of ours. And then one night he woke me up 21 choking me, And then another night he woke me up and said 22 I should kill you right now. 23 BY MR. POLLOCK: 24 25 Q A How long have you known Mr. Anderson? Nine years, 6 , . , L. ~- ~ "'-, 1 Q Okay. Is this an isolated incident, or is 2 this something that occasionally happens from time to time? 3 A It happens from time to time. 4 5 6 7 8 9 10 11 12 13 Q Okay. So Mr. Anderson actually did commit physical violence against you? A In the past. Q But this time? A No. Q You said he choked you? A Oh, yeah. He choked me. Q Okay. What kind of threats were made against you and your family? A He said he would kill us. He didn't really 14 say how. He was talking about buying a gun. 15 16 Q A Okay. Talking about fires a lot, but he didn't 17 actually say how. 18 Q Okay. To your knowledge did he make any 19 effort to get a gun or to get weaponry? 20 A Yeah. He told me he was talking to a truck 21 driver in Georgia to buy a gun at work, because that's when 22 I got scared. 23 24 Q A Okay. What made you go to the police? That he was looking for a gun. He 25 threatened to use it to kill people. 7 , , 1 2 3 4 point? 5 6 ,_l -,,-, Q Including yourself? A Yeah. He said he would kill me too. Q Okay. Do you fear Mr. Anderson at this A Yeah. ~ i , ~ I ~ ! !i Q Do you believe that if he would get out that 7 you would be in harm's way? 8 9 10 11 12 threats? 13 14 A Yes, Q Has Mr. Anderson threatened you in the past? A Yeah, Q Has he carried through on some of those A Yeah, Q Is there anyone pressuring you to file this 15 protection from abuse order? 16 17 18 A No. MR. POLLOCK: Nothing further. THE COURT: Mr. Anderson, you have the 19 opportunity to ask some questions if you want. You don't 20 have to, but you can if you would like. 21 22 THE DEFENDANT: Yes, Your Honor, I would. THE COURT: Go ahead. 23 CROSS-EXAMINATION 24 BY THE DEFENDANT: 25 Q Ms. Anderson, at the time, okay, you said 8 , . ,- ,I . '. I ~i , , 1 that Mr. Anderson made threats at the Legion, at that time 2 were you and everybody else drinking including Mr, 3 Anderson? 4 A I wasn't drinking, but you were. 5 Q Okay, So Mr. Anderson was drinking at the 6 time. And when Mr. Anderson is drinking he tends to 7 exaggerate when he drinks? He does do that, am I correct? 8 A Maybe. I don't know. 9 Q Was Mr. Anderson currently under his 10 medication at that time because he is diagnosed twice and 11 three times over now as Schizoaffective? 12 A I don't know. I never saw the medication 13 being taken or anything, so I don't know about that, 14 Q Okay. From what I have here, Mr. Anderson, 15 as being a Schizoaffective, when he is not on medication, 16 he tends to be a compulsive liar and makes threats. Are 17 you aware of that? 18 MR. POLLOCK: Objection-- 19 THE COURT: The question is whether she is 20 aware of that. Is she aware of that? 21 THE WITNESS: What, that he lies? 22 THE COURT: That because of his mental 23 condition, he is asking you whether you are aware that 24 because of his mental condition, particularly when he is 25 not on medication, that he tends to exaggerate and make 9 , 1 threats? I~ . . .~ 2 THE WITNESS: No, 3 THE COURT: Okay. 4 THE DEFENDANT: That's all I have, Your 5 Honor. 6 THE COURT: Now, the night -- or I assuming 7 this is a night, when he choked you in bed, how long ago 8 was that, when did that happen? 9 THE WITNESS: It was about April 17th. 10 THE COURT: And had he been drinking on that 11 occasion too? 12 THE WITNESS: Possibly. He had beer at the 13 house, but I don't know. 14 15 16 17 choking you? 18 19 20 21 22 23 your throat? 24 he wanted money. 25 THE COURT: What time of night was it? THE WITNESS: 1:30. I was already in bed. THE COURT: So you were awakened with him THE WITNESS: Yeah. THE COURT: Did he have his hands around THE WITNESS: Yeah. THE COURT: And was he saying anything? THE WITNESS: To leave him money, He said THE COURT: And the threats about killing 10 1,,- , 1 you and all, in what context did they arise? What leads to 2 that, or what is the context of your conversation when he 3 talks about those things? 4 THE WITNESS: We were just out with friends 5 having dinner. And he just started talking about it out of 6 the blue, He was drinking. 7 THE COURT: Did he appear to you to be 8 visibly intoxicated? Was his speech slurred? 9 10 lot. 11 THE COURT: And then so out of the blue he 12 just makes threatening comments? 13 THE WITNESS: Yeah. 14 THE COURT: All right. Thank you. You can THE WITNESS: He was a little bit but not a 15 step down. 16 MR. POLLOCK: I would like to call Alison 17 Sunderland to the stand. 18 Whereupon, ALISON SUNDERLAND, having been 19 duly sworn, testified as follows: 20 DIRECT EXAMINATION 21 BY MR. POLLOCK: 22 Q Ms. Sunderland, will you please state your 23 name and spell your last name for the court? 24 A Alison Sunderland, S-u-n-d-e-r-1-a-n-d. 25 Q And, Ms. Sunderland, how do you know the 11 . 1 Andersons? '~ 2 A I grew up with Melissa through school and I 3 have met Mr, Anderson through Melissa, 4 Q Okay. And were you present the night when 5 they were at the Legion? 6 7 8 A Q A Yes, sir. And what happened at the Legion? I am not sure how the conversation arose, 9 but out of the blue he had mentioned about killing Melissa. 10 She had mentioned about what if your kids don't have a 11 mother, and he didn't seem to care about that. 12 13 14 15 against Melissa? 16 Q A Okay. Were there other threats made? Not to my knowledge, Okay. But there was a definite threat Q A Yes. 17 Q To the best of your knowledge, what was Mr. 18 Anderson's mental state at that point? I mean, was he 19 cognizant, was he drunk, was he completely out of control? 20 A No, He wasn't out of control, He had been 21 drinking, but he wasn't totally intoxicated. 22 Q Okay. Speech slurred? 23 A Maybe a little. 24 Q To your knowledge did he understand what he 25 was saying and what he had meant by what he was saying? 12 -" > 10 ," 1 2 3 4 5 6 7 8 9 Sunderland, A I believe he does. Okay. Do you have any firsthand knowledge Q of him abusing Melissa -- Ms, Anderson, in other ways in the past? A I have never actually seen him abuse her, but I have heard from her, what she tells me. Q Okay, MR, POLLOCK: Nothing further for Ms. THE COURT: Have you visited the Andersons 11 in their home? 12 13 14 15 16 17 18 THE WITNESS: Yes. THE COURT: And is that at 420 South High Street? THE WITNESS: Yes. THE COURT: In Mechanicsburg, THE WITNESS: Yes, THE COURT: And that's where until recently 19 the two of them had been living together? 20 THE WITNESS: Correct, 21 THE COURT: With the children? 22 THE WITNESS: Yes. 23 THE COURT: How many children do they have? 24 25 THE WITNESS: Two. THE COURT: Do you know how old they are, 13 .,- , . . 1 approximately? 2 THE WITNESS: Jordan is six. And Lucas was 3 born in December. So he is just a few months old. 4 THE COURT: And as nearly as you can recall 5 the words, can you tell me when it came out of the blue 6 that he threatened her, what did he say? 7 THE WITNESS: Just about killing Melissa, 8 like a killing spree. And she had mentioned about the kids 9 not having a mother. And he didn't se~m to care about 10 that. 11 THE COURT: Okay. Do you have any 12 questions, Mr, Anderson? 13 14 THE DEFENDANT: No, Your Honor, I don't. THE COURT: Thank you. 15 MR, POLLOCK: I would like to offer Bill 16 Sunderland as cumulative. 17 THE COURT: Well, I would sort of like to 18 hear from him. 19 MR. POLLOCK: I would like to call Bill 20 Sunderland to the stand, 21 Whereupon, WILLIAM SUNDERLAND, having been 22 duly sworn, testified as follows: 23 DIRECT EXAMINATION 24 BY MR. POLLOCK: 25 Q Mr. Sunderland, will you please state your 14 1 name for the court and spell your last name? 2 A My name is Bill Sunderland, 3 S-u-n-d-e-r-l-a-n-d. 4 Q And how do you know the Andersons? 5 A I met the Andersons through my wife. And 6 that's how I met Jack also. 10 11 12 13 24 25 7 Q Legion? A Q A Q happened? A 8 9 Okay. Were you present at the American Yes. On the night in question? Yes, I was, And to the best of your recollection what Q About how long ago are we talking? At least a month, at least a month. A 15 . . -.,~ 1 2 3 Q A Q Was Melissa drinking that night? I do not believe, Are you aware of any firsthand knowledge of 4 other threats or attacks that Mr. Anderson has made upon 5 Mrs. Anderson? 6 A All I know is what I hear from Melissa. I 7 have never actually seen him hit her or anything, you know. 8 I just know what I hear. I have never actually seen 9 anything. 10 Q What you saw was that the first time you had 11 seen or heard of Mr, Anderson attacking Ms. Anderson either 12 verbally or physically? 13 A No. It is not the first time I have heard 14 of it. It has been an ongoing thing since we have known 15 them, 16 17 18 MR. POLLOCK: Nothing further. THE COURT: And how long have you known them did you say? 19 THE WITNESS: About four years, five years, 20 something like that. 21 THE COURT: Do you have any questions? 22 THE DEFENDANT: Yes, I do, Your Honor. 23 CROSS-EXAMINATION 24 BY THE DEFENDANT: 25 Q Mr. Sunderland, at the time you said that 16 . 1 you were drinking, so how could your statements be valid 2 when you are under the influence of alcohol to another 3 person that's under the influence of alcohol? 4 A I hadn't had that much to drink. And I also 5 remember everything the next day when I am drinking, I 6 don't have a memory loss like that. 7 8 all, Your Honor. 9 10 THE DEFENDANT: Okay, Thank you. That's THE COURT: Thank you. MR. POLLOCK: I would like to call Irvin 11 Lowe to the stand, 12 13 14 Whereupon, IRVIN LOWE, having been duly sworn, testified as follows: DIRECT EXAMINATION 15 BY MR. POLLOCK: 16 Q Mr. Lowe, will you please state your name 17 and spell your last name for the court? 18 19 20 Andersons? 21 22 23 24 25 Andersons? A Q Irvin L. Lowe, L-o-w-e. Okay, Mr. Lowe, how do you know the A Q A Q She is my granddaughter. Okay. And what is your address? 422 South High Street, Mechanicsburg. Okay. So do you live next door to the 17 ~" , 1 2 3 --" > ,Ii Ii il I I I I !, 'I I I I A Correct. Q And describe how your two houses are? A It is a double house. Our front doors are 4 side-by-side, the same with the back doors, they are 5 side-by-side. So they come out their front door, they can 6 look right over and see me, and I can look right over and 7 see them. 8 9 10 11 12 13 14 Q Do the houses share a common wall? A I beg your pardon? Q Do the houses share a common wall? A I didn't quite catch what you are saying, Q Do the houses share a common wall? A Yes. Yes. Q Okay. So occasionally you can hear what's 15 going on over at their place, and they can hear what's 16 going on in your place? 17 A We can hear it if the television is not 18 blaring and things are quiet, you know, we can hear things South High Street when Jack is home? A I think most of the time like a living hell. Q Would you care to elaborate? A Well, he is a liar. He does nothing but cheat, steal. And he will swear to a lie. He has no 19 still, yes. 20 21 22 23 24 25 Q Okay. What is life like for Melissa at 420 18 ~ . 1 remorse whatsoever in what he says. He held his right hand 2 up to God one time and he told me he didn't punch her in 3 the nose, swore that the dog did it. I learned six months 4 later that he was the one that did it. He held his right 5 hand up to God saying he did not do it, 6 Q Okay. Have you been able to hear verbal 7 exchanges between Mr. and Mrs. Anderson or instances in the 8 house where he has either verbally or physically attacked 9 Ms, Anderson? 10 A Yes. He was over there pounding on her, 11 beating her. And she was yelling he was trying to kill 12 her. And she came running to the front door, and hammering 13 on our door to get us to leave her in. 14 Q Are you aware of the incident of April 17th 15 of this year when Melissa was woken up at 1:30 in the 16 morning? 17 A I heard about it. But I really didn't 18 hear -- we heard some noise over there, but we really 19 didn't know what it was, so we didn't investigate or 20 21 22 23 night? anything. checked. If I had known what was going on, I would have Q Okay. But you did hear some noise that 24 25 A Yes, we did. Q Okay. How did you find out what was going 19 .~ , . Ion, what had happened? 2 A Well, we heard through my daughter, I think 3 my granddaughter told my daughter about it. And we heard 4 about it. 5 Q Okay. But it wasn't you asking them what 6 was that noise last night? 7 A No. I did not see them to ask them or 8 anything. 9 Q Okay. Have you ever witnessed Mr. Anderson 10 physically abuse Ms. Anderson? 11 A Well, this is a hard question to answer, 12 because I can't really say I seen him hitting her, because 13 he is very careful, He didn't do this kind of stuff around 14 us. He is very careful not to do it. 15 Q Okay. Have you seen him act violently or 16 physically toward any member of Ms. Anderson's extended 17 family? 18 A I seen him shaking his fists at my wife. 19 And he gave me a shove. And he tried to run me off the 20 street up there last summer, up there on Keller Street and 21 Washington Street. He came running back at me, screaming 22 at me and told me to get off the street, I cannot follow 23 him up the street. I was not following him up the street, 24 I was going down to my daughter to see how the siding was 25 coming along that we were having put on. And he tried to 20 " '" " '",1 1 run me off the street for no reason at all. 2 He told me I had no business there. And put 3 his finger at my face. I told him to take that paw out of 4 my face. And I took it out. He put it back up again. And 5 I took it out. I told him, I said, I told you not to do 6 that. And then he drew back, he was going to sucker punch 7 me. He had his knuckles out. And I hooked that, And when 8 I hooked that, I took him off the sidewalk, and he landed 9 up out in the middle of the street. And that's when a 10 couple construction workers came down there and got between 11 us. 12 Q Okay, Have you ever seen the aftermath of 13 an attack that Mrs, Anderson had sustained as a result of 14 Mr. Anderson? 15 A Yeah. I seen her bruised up, yes. He broke 16 her nose, I think, if I am not mistaken. He broke her nose 17 when he hit her that time, Q Did you see her the day after she was 18 19 choked? 20 21 22 23 24 25 A We seen her -- I believe maybe a day or so. Like I say, she is associating with her mother more so than us, And she did tell us about it. Q All right. Did you see any marks left? A I did not go up and check. I did not go up and check her. Maybe I should have. 21 ~ , . . ' . ~ 1 MR, POLLOCK: Nothing further. 2 THE COURT: Any questions? 3 THE DEFENDANT: Yes. 4 CROSS-EXAMINATION 5 BY THE DEFENDANT: 6 Q Mr, Irvin Lowe, due to the living 7 accommodations that we have amongst each other I only want ~ r 8 to ask one small question. Would you consider yourself a 9 Peeping Tom? 10 A I do not consider myself a Peeping Tom 11 MR. POLLOCK: Objection, Your Honor. 12 Relevance. 13 THE COURT: He says he doesn't consider 14 himself a Peeping Tom. The answer is no. 15 THE DEFENDANT: Okay. Thank you. That's 16 all I would like to ask, 17 THE COURT: Thank you very much, sir. 18 THE WITNESS: I do know you have the blinds 19 pulled all the time. For what reason I don't know. 20 THE COURT: That's okay. 21 THE WITNESS: Is that it? 22 THE COURT: Yes, Thank you, 23 THE WITNESS: Thank you. 24 MR. POLLOCK: I would like to call Susan 25 Kenee to the stand. 22 .. . " , 1 Whereupon, SUSAN KENEE, having been duly 2 sworn, testified as follows: 3 DIRECT EXAMINATION 4 BY MR. POLLOCK: 5 Q Ms, Kenee, will you please state your name 6 and spell your last name for the court? 7 8 9 Andersons? 10 11 A Q Susan Kenee, K-e-n-e-e. And, Ms. Kenee, how do you know the A Q It is my daughter and son-in-law. Okay. Ms. Kenee, have you ever seen Mr. 12 Anderson physically abuse Ms. Anderson? 13 A Years ago in the beginning. I saw him drag 14 her down the bathroom steps, And I also saw him throw a 15 coat over her head. He was like bending her around. She 16 said he was going to break her neck. And I went after him 17 and told him to stop. And he told me that I was an f-ing 18 bitch. And he threatened to kill me. 19 Q Okay. Have you ever seen him emotionally or 20 mentally abuse, as in more often than not would be 21 language? 22 A He would put her down. But lately Jack knew 23 better than to say things around me. He was pretty careful 24 what he did when he was around me, 25 Q Okay, Going back to the incident of April 23 . 1 17th, the night where he allegedly tried to choke Ms. 2 Anderson. , , 3 A Yes. 4 Q How did you find out about that? 5 A Melissa told me, and I had believed it, 6 because back years ago when he had moved out once, she had 7 put him out, he moved down to Joy's, down on Main Street, 8 and he had raped her and choked her and smothered her with 9 a pillow at that time. She had gone to the police the next 10 day and to the hospital. And then she decided to drop the 11 charges. And she said the only reason she was living is 12 because when he smothered her, that she pretended she was 13 14 15 16 17 18 19 20 21 22 23 dead. Q Did you see any physical marks on her from being choked? A No, said and raped her. Q No, No. He had mostly smothered her she She was at the hospital -- no, no. I am talking about the A The 17th, no. Q You had heard testimony as to the threats Mr. Anderson had allegedly made to Ms. Anderson? A Yeah, Q In your opinion is he a danger to carry 24 those threats out? 25 A Yes. He threatened me that he would burn my 24 .~~ 1 house down and set my neighbor's garage on fire. He served 2 jail time. 3 Q Do you know to what degree he was looking 4 for a gun to carry out his killing spree? 5 A I know what Melissa had told me what all he 6 was threatening to do. He wanted to bomb the courthouse. 7 He wanted to bring gasoline into the courthouse and throw 8 on Judge Guido and then set him on fire, those threats, 9 Q Do you know if he was doing any research to 10 make those threats a reality? 11 A She said that she was on the Internet and he 12 was trying to find out how to build a bomb. He was getting 13 on. 14 Q Do you know to what degree the investigators 15 have found or haven't found? 16 A No, I don't know. I don't even know if he 17 had a gun or not. I have no idea. She had said when she 18 had talked to him on the phone that he was in Mt. Holly the 19 day he was arrested trying to get a gun. If he got one I 20 don't know. 21 Q Do you know if the District Attorney's 22 Office searched their computer? 23 A Yes, 24 Q And do you know if they had done anything to 25 the computer to research further? 25 ,~~ ~- -.;- . 1 A They took it along with them, the hard 2 drive. 3 MR. POLLOCK: Nothing further, 4 THE DEFENDANT: I have no questions, Your 5 Honor. 6 THE COURT: Thank you. Anything further? 7 MR. POLLOCK: The prosecution rests. 8 THE COURT: Mr. Anderson, do you desire to 9 testify in this case? 10 THE DEFENDANT: Yes, I do. I'!. , ; II 11 Whereupon, JACK ANDERSON, having been duly ',: r 12 sworn, testified as follows: 13 THE COURT: State your name and address for i If !' ji I' !i i1 I' I' Ii " i! 14 the record. 15 THE DEFENDANT: Jack Anderson. 1101 16 Claremont Road, Carlisle, Pa., 17013. 17 THE COURT: And you are married to the 18 plaintiff here, Melissa Anderson? 19 THE DEFENDANT: Yes, 20 THE COURT: And how long have you been 21 married? 22 THE DEFENDANT: Approximately three years. 23 THE COURT: And you have heard the testimony 24 this afternoon I suppose? 25 THE DEFENDANT: Yes, I did, Your Honor. 26 . - . -~ A . fi . 1 THE COURT: Tell me what your side of this 2 is? 3 THE DEFENDANT: My side is currently I was 4 just diagnosed again with Schizophrenia at the Cumberland 5 County Prison. And I am also a compulsive liar. Nothing I 6 say is the truth at times. And when I am drinking -- when 7 I mix, that makes me dual diagnose with the medication. It ~ t " Ii I f J 1 8 can have catastrophic effects. And currently they found 9 the right medication for me to be on. And they see that it 10 is working. And they have been checking on me twice 11 weekly. And they are seeing a really great improvement in 12 my status at this time, That's all I have to say, Your 13 Honor. 14 THE COURT: Do you have any questions, Mr. 15 pollock? 16 MR. POLLOCK: Yes. 17 CROSS-EXAMINATION 18 BY MR. POLLOCK: 19 Q Mr, Anderson, when you are out on your own, 20 do you have a problem taking your medication? 21 A Yes, I do. 22 Q Mr. Anderson, when you are out on your own, 23 have you also experimented in taking other people's 24 medication? 25 A Yes, I have. 27 ",'" c .. .J- .:. 1 Q Mr. Anderson did you choke your wife on the 2 night of April 17th, 2000? 3 A Yes, I did, jokingly. 4 Q Mr. Anderson, in the American Legion did you 5 threaten to kill your wife? 6 A I had made threats because I was under the 7 intoxication of alcohol. And I am seeking rehabilitation 8 status at this time. 9 MR. POLLOCK: Nothing further. 10 THE COURT: Thank you. You can step down. 11 THE DEFENDANT: Thank you. 12 THE COURT: Anything anybody wants to say? 13 MR. POLLOCK: I would like to close, Your 14 Honor, 15 THE COURT: Go ahead. 16 (Whereupon, Mr, Pollock closed on 17 behalf of the plaintiff.) 18 THE COURT: Mr. Anderson, anything else you 19 want to say? 20 THE DEFENDANT: No, Your Honor, 21 THE COURT: Well, perhaps the defendant is 22 trying to help himself. I don't know. It appears that he 23 is, But that doesn't alter the fact that the plaintiff's 24 fears are genuine and justified. Perhaps they might have a 25 life together some day in the future, I don't know whether 28 ~ , ~ ',,,," ,- , ;. - -' .'- ~ 1 that will happen either. But for now it is clear that a 2 case has been made out under the Act. We will enter this 3 order, And Now, this date, after hearing, the court will 4 grant a final protective order upon its presentation to the 5 court. Pending same, the temporary protective order shall 6 remain in full force and effect, 7 Mr. Pollock, if you will get me something. 8 MR. POLLOCK: Yes, Your Honor. Probably 9 first thing Monday morning. 10 THE COURT: Very well. 11 (End of proceedings.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 0' '-1 ... . '" .... CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same. ~4-'>'~/ Barbara E, Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. flJay 1'- Z,Ot>O Date #L A. Hess, J. Judicial District 30