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Home My WebLink About01-0649 FX --I. . ;- ~ " R~~ , WEImAN CHEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 01- to If 9 CIVIL TERM BING SHENG LI, 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_this matter is scheduled on the qkhday of February, 2001, at ~ :4<; c; .m., in Courtroom No. a on the 4th Floor ofthe 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 and/or up to six months in jail under 23 Pa.c. S. ~6l14, Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.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 US.c. ~ 2261-2262, You should 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 DISABILITIES ACT OF 1990 The Court of Common Pleas ofC .1ahd County is required by law to complywith the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the 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. :.~ . ~, I Fir P}-O:TICE OF -nmTilRY 01 JAN 3\ PH 2: 34 CUMBE.RU.,f\iO COUNfY PENNSYLVANIA ~~~i~ <~ ,~~~""'ft'.J;!!!il~'illij"'iljl~"!,'\l\l-"I,,~Jl'!i'~ii:::';n'i!Ji!J~~j~,W~!I~~iiJilili;;'~-'%','~':"~~) ~,[)O'/\".'i"':~i,-;""y",!>,'J")''00-'iiT"''fil~''''')'~(%'.t",!<,,(,n';'-':'I:I.g;-:;;:m!pf!@~f ^ L . -~. WEUUAN CHEN, Plaintiff : In the Court of Common Pleas. of : CUMBERLAND County, : PENNSYL VANIA v, : Civil Action - Law ~ No, 01- f.pLfq BING SHENG LI, Defendant : Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: BING SHENG LI Defendant's Date of Birth is: June 1, 1929 Name(s) of All protected persons, including Plaintiff and minor children: L WEIJUAN CHEN AND NOW, on 31st Day of January, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant sha11 not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. , . 2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any locat;ion, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's current residence which is confidential, and any other residence which she may establish for herself during the term of this Order. Plaintiff's place of employment, wherever that may be, during the term of this Order. 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiff's relatives. Defendant is enjoined from daDlaging or destroying any property joindy owned by the parties or any property owned solely by Plaintiff. Defendant is ordered to allow Plaintiff access to the marital residence located at 820 Lisburn Road, Apt. 801, Camp Hill, PA, immediately upon entry of this Order, for the limited purpose of retrieving Plaintiff's personal possessions and documents. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: APPROPRIATE. POLICE DEPARTMENTS 6. The sherifl; police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs, 7. TillS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JULY 31, 2002 OR UNTIL OTHERWISE ;a~ OR TEMFArrw ~Y THIS fOURT AFTERN?TJCE ~ :"";"" I ,!. I '" ' , ''''^-'.- 1 ~ :.-: , , ",-' NOTICE TO THE 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, ~6 I 13. Defendant is further notified that violation of this Order may subject him!her to state charges and penahies under the Pennsylvania Crimes Code and to federal charges and penalties underthe Violence Against Women Act, 18 U.S.c. ~~2261- 2262, NOTICE TO LAW ENFORCEMENT OFFICIALS This Order sha11 be enforced by the police who have jurisdiction over the plaintifl's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 3 of this Order, defendant shall be arrested on the charge of Indirect 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 <if this court, unless the weapon/s are evidence of a . , in which case, they shall remain with the law enforcement ag whos r de the arrest. ~~ Judge 7/, bOO I . Date Distribution to: Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, P A 17013 (717) 243-9400 FAXed and mailed to PSP '.: "= J , ~ ~, "~ '..- ~ ' " ,,-, ,"~,', " . . ~'lf<i[ PFADNumber: JL1190612W WEUUAN CHEN, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law BING SHENG LI, Defendant ; No. 01- ts:>4tf . : Protection From Abuse PETITION FOR PROTECTION FROM ABUSE I, Plaintiff's name is: WElJUAN CHEN 2, I, (the Plaintift), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. WEIJUAN CHEN 4. Plaintiff's Address is : CONFIDENTIAL , 5. Defendant's Name is: BING SHENG LI 6, Defendant is believed to live at the following address: 820 Lisbam Road, Apt. 801 , Camp Hill, PA 17QU ;--:11~ ~ ~~ " ,-_,I ."',- ; '~ ~ ~' " tilll.[JI ~~~i 7, Defendant's Date of Birth is: June 1, 1929 8. Defendant's Place of employment is: Karns Quality Foods Ltd., Silver Springs Road & CarHsle Pike, Mechanicsburg, PA (meat department) 9, Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Spouse 11, The facts of the most recent incident of abuse are as follows: On about Thursday, January 18, 2001 location: 820 Lisburn Road, Apt. 801, Camp Hill, PA, the marital residence Defendant argued with PlaintitT. shoved her, pinned her against the door, slapped her repeatedly about her face and ears, kicked her legs, and threw her food out into the public hallway of their apartment building. Fearing for her safety, PlaintitT sought help from a neighbor. and has since been staying at an undisclosed location for her safety and to avoid further abuse. PlaintitT sustained redness, sweHing and soreness about her face as a result of this incident. 12, Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/reo, (including any threats, injuries, or incidents of stalking) are as follows: Since approximately late December 2000, shortly after the parties were married, Defendant has abused PlaintitT in ways including, but not limited to, the foHowing: yeHing at her, caDing her names, poking her in the head with his finger, shoving, slapping, and kicking her. 13, The police department(s) or law enforcement agencies that should be provided with a copy ofthe protection order are: APPROPRIATE POLICE DEPARTMENTS 14. There is an immediate and present danger offurther abuse from the Defendant, IS. The Defendant owes a duty ofsupport to Plaintiff and/or minor child/ren. 16. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE - ~...v.<." .' 'r ~ --"- - ....,' ',,,-~ "" FOLLOWING: a, Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b, Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintifl's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. c, Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d, Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren, including medical support , e, Order Defendant to pay the costs of this action, including filing and service fees, f Order the following additional relief: not listed above: Enjoin Defendant from damaging or destroying any property jointly owned by the parties or any property owned solely by Plaintiff. Order Defendant to allow Plaintiff access to the marital residence located at 820 Lisburn Road, Apt. 801, Camp Hill, immediately upon entry ofthe Temporary Protection From Abuse Order, for the limited purpose of retrieving Plaintiff's personal possessions and documents. Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding sonrcesto pay the cost oflitigating this case. g, Grant such other relief as the court deems appropriate. h, Order the police or other law enforcement agency to serve the 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 the Defendant's residence, where Defendant can be served. Respectfu1ly Submitted by: J Carey, Au. for PI tiff Agency: MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ""~ ~ - ~ . L I '. ~, , VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa,C.S,~4904, relating to unsworn falsification to authorities. Dated: I, '10 elf) 6 I w~' ~~ CAM Weijuan Chen, Plaintiff -' ~ , ,~..,".;, "-* ::-i~~- r:H. ::}}-OfFICr- 0-~-' T (: r,!,;("',Ti._!r--,t'"U)""RY ..... ,'" .' .C,) 1 i :,,),"\ It- 01 J~N31 PH I:"Q . __,' . 11 ~).... cu',v'''' ,," 'i{"~r' "I'" rnUN'1'Y I ,."l,. ,1_1 '1 i\,) '..,1'....; PENNSY0//\NIA I [il t;j:1 ~ r!.c, ;),()~.ol s- Dr-, ~(:f ( ~v((e:s R-fr No{ P,~t pqXV.rA.. p;.p , f\'\o.l~ ~F 1-':>1'61- 3: 15' 0 Fix=( / <"' f--. .:>' '3: \ 1:) F~ C~, '3:(5' - ....'- ,-j;< , j" "'<.. <, , ~.~ WEImAN CHEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO, 01-649 CIVIL TERM BING SHENG LI, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTfflUANCE AND NOW, this ~ day;ofFebruary, 200 I, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on February 9, 200 I, at 8:45 a,m. by this Court's Order . of January 31, 2001, is hereby rescheduled for hearing on Monday, March 19, 2001, at 10:30 a.m. in Courtroom No. 2 on the 4th Floor of the Cumberland County Courthouse, I Courthouse Sliuare, Carlisle, Pennsylvania, The Temporary Protection From Abuse Order shall remain in effect for a period of18 months from the date it was entered, through July 31, 2002, or until further Order of Court, whichever comes first, Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Matthew Goodrich, Legal Intern for Defendant Terri Henning, Attorney at Law Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 . F:L':.[}.(}~F;CE OF 1> ' /;\l'(}::)TNW o I FER I G Pi1 3: 08 CU' "T"I ,,",,"~ UNTY Iv'it:ich....i\I\V I..JU I PENNSYL'/!,Nil\ WEImAN CHEN, Plaintiff : IN TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 01-649 CIVIL TERM : PROTECTION FROM ABUSE vs, BING SHENG LI, Defendant MOTION FOR CONTINUANCE PlaintifI: Weijuan Chen, by and through her attorney, Joan Carey ofMidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: L A Temporary Protection From Abuse Order was issued by this Court on January 31, 2001, scheduling a hearing for February 9,2001, at 8:45 a,m, 2, The Cumberland County Sheriff's Department served Defendant with a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse on January 31, 2001, at his residence at Mallard Run Apartments, 820 LisburnRoad, Apt. 80 I, Camp Hill, Pennsylvania. 3. Defendant retained the Family Law Clinic to represent him in the matter, 4. The parties agree, by and through their respective counsel, that the hearing be rescheduled pending further Order in this case, 5, Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through July 31, 2002, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of '[!J" . , "_0""", -.," '.l:" 18 months from the date it was entered, through July 31, 2002, or until further Order of Court, whichever comes first. o Carey, Attorney fo MidPeuD Legal Se s 8 Irvine Row Carlisle, PA 170B (717) 243-9400 iii'i ,"; -():.:ri(;{:' .."""")H1Y ,.1'.[_ ,Ji",\! f'lfl r. Fi"'"! Ul t.:, I" I"" ". 16 ,b "'il .j. r'i il'\':',i:;:Fi '"'\)':) ('lIll,'\JTY VI..) ~, d..., ,'--' 'J '--, V'-' I PENi\JSmA"iIA I ;,' ..._-~ " - "I - '~, '~ SHERIFF's RETURN - REGULAR CASE NO: 2001-00649 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHEN WEIJUAN VS LI BING SHENG RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon LI BING SHENG the DEFENDANT , at 0019:17 HOURS, on the 31st day of January , 2001 at 820 LISBURN RD APT 801 CAMP HILL, PA by handing to BING SHENG LI 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: DocJ~eting Service Affidavit Surcharge So Answers: 18.00 8.68 .00 10.00 .00 36.68 ~~~lfC~-t R. Thomas Kline 02/01/2001 y~ me this u day of eriff Sworn and Subscribed to before By: ~ ..1-r.ro ( A.D. ~ Q Inv,:.)~/ . Prothonotary 0 ,L ~"H_~ .. I'(~ WEUUAN CHEN, BING SHENG LI, i'" d 1",__ ," '" v.' Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-649 CIVIL TERM Defendant PROTECTION FROM ABUSE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the Family Law Clinic on behalf of the Defendant, Bing Sheng Li, in the above captioned matter, February 7, 2001 L g Robert E. Rains Thomas M, Place Supervising Attorney Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 LN-- !!~oZ O~ Certified Legal Intern ---"""'~'" ..."Ii , ~ OF' 01 FEr 20 PH LdJ9 CUMl)E:iiLJ,;JD COUNT{ PENNSYLV!li~lf; :} ~ . I , ,~ ,] l 1 .~ !l E ; I ! I ,iffi I"" - '", " _'_", I I.'j .,~ ' ....tr'. .- WEIJUAN CHEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-649 CIVIL TERM BING SHENG LI, Defendant PROTECTION FROM ABUSE CERTIFICATE OF SERVICE I, Matthew 1. Goodrich, hereby certify that I am serving a true and correct copy of a Praecipe to Enter Appearance for defendant, Bing Sheng Li, on the following person, counsel for plaintiff, by depositing a copy of the same in the United States mail, postage prepaid, this 20th Day of February, 2001: Jj~~~ Matthew 1. Goo ch Certified Intern for Defendant THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 0 Ci- a c: uS:: .-q ~-, -" m'''''' 0'1 2: fT~ CO Zf~.' ,- i'-.) '- 0-:1"'> ';, -<5-..:: 0 i', Y r::::c,' --::., (-, Pro, -:'1 :::.."J 2.: '- --- ~L~'! ;:5J~~;~ .. ~ ::> ,'I ",-,.c> 'D .-0 -< Joan Carey, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 01/31/01 WED,15:12 FAX 717 240 6573 " ,,,-,., .',' ,'-' till!';:'; CliMB CO PROTHONOTARY 141001 *************************** u* MULTI TN REPORT u* *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2431 ERROR [ 01]9p2405331 [ 03J9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP . . OFF'tCE OF WE PRCIDlCI\UI'ARY CUMBERLAND CClJNTY COUR1l!aJSE ONE COORTHOOSE SQUARE CARLISLe. PI'.. 17013-3387 (717) 240-6195 PAX (717) 240-6573 V 1 ATe LEe 0 pIE R TO= PA STATE POLICE CeN-\: P~OCe5Si~j I !V\ p, Lj"/ S'e..( 1"'C.iW FAX D: 717-249-0779 "; ~OM: CURTIS R. LONG RE; PFA ORDERS MESSAGE : , "1, ~ 00. OP PI\.GES (INC:T.JJDING OOVEfl SHEET) '!his ~ is $ulioo ad rnly fir tIE Uie of Ire itdividel cr EllIity In ...tIictI is is ...lj. ~ I aLl ITI"1/ a:ntain in1i::meticn !tat is ~. cmfid!nt:ial an ~ fron r!;,...,I.....u:e In:li!r "fpHc*>lp. llw. If t1'a t6rt!I:' of tl1is ,,_. !g;l is rot tle intm'.la'l r:e:;ipiI;nt. ~ are lRIDt rot:ified !:tat av disS;Emireltkn. distrib.Jtirn cr awirr;J a: this cnmuucat,;m iJ:; strictly prlUbitai. If ~ tave urei..e:i [jus -- -,- ~,~ ;~....,.,.,..- ...l~ rri'; IV lS :iamrliatelv 01 tele>h:re arl teWrn tie o:igirel ~ to U3 at .~ , .~"'-',' ';" ~'.<-. L__'_ .'.;,;.,.,.; l_.iJx:ii. _,_,,>.;',~,,-o'.,io .,...,-';;)', ,- ".' t.>:.j WEUUAN CHEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-649 CIVIL TERM BING SHENG LI, Defendant PROTECTION FROM ABUSE WITHDRAWAL OF APPEARANCE The Family Law Clinic withdraws its appearance as attorney of record for BU;g Sheng Li, the Defendant in the above captioned matter, Date: ()g 113/01 jj~~ tt~ Matthew J G odrich Certified Legal Intern ~ LAJ- . OB T E. RAINS MAS M. PLACE TERI L. HENNING Supervising Attorneys FAMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 ENTRY OF APPEARANCE Please enter the appearance of Mark S, Karpo, P,c" as counsel of record for Bing Sheng Li, the Defendant in the above captioned matter. Date: 31~o, tM-wl1 ~ Mark S, Karpo, P.C. 137 North Ninth Street Philadelphia, PA 19107 (215) 923-6364 "..:l~j~ ,",; ~M!~ilw.~~rii~liiti:iJill"~ "", o'i', ~""- L~",",," t5 !Sf "$~~. . J ~" "__ ~,. J ,~" ,~ ,",_I,." r ". , .~ ',,,,~,~,,,,,,, '""," 0 0 C. c: -n ~ ""Ocr) :JJ:: "0':"\1 (DITj "d , ZJ:'} 7i:;.';~ ,.., (j)~" \.D ,,_::~j ;:$0'; ._<~) ~t..... \:'} ..;,: ~c :1; (::) (0'5 --0 d Pc N :z: ::,::::J ~ l='" Xl -< r ~~, ~n~ g '~~:i <t" j,i' ~...'''. J j" _i .' ie., , ",-^" _. ~' ...~~,ol__" ~","""",-"~>,;"":",,,,,,",' '0'" ",,-, "_'.' - -';cO;":;:'''';'';':'""'';}'' " . ,',' .'.-'~'.. " WEUUAN CHEN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 01-649 CIVIL TERM BING SHENG LI, Defendant PROTECTION FROM ABUSE CERTIFICATE OF SERVICE I, Matthew 1. Goodrich, hereby certify that I am serving a true and correct copy of a Praecipe to Withdraw Appearance and Praecipe to Enter Appearance for defendant, Bing Sheng Li, on the following persons, counsel for plaintiff, and counsel for the defendant, by personal delivery this 19th. Day of March, 2001: MaryAnn Murphy, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Mark S. Karpo, P,C, 137 North Ninth Street Philadelphia, PA 19107 A~ 0 ~ccML- Matthew 1. Gocfc!TIch Certified Intern for Defendant THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 I ~Iii ""'lI:;j~ili!I!IWI~j;f"~':" tr ,"~,~,,~,~ .. -iit':'I~~~~i>1~li~~~"-'lllt :;., j',~ "~~ '__n~' ~. ."",1 ~'~'.,., ^,,",, "~' J. - ., ".,.-",; () 0 C 0 ~$:: .:J: -.// ,--..~ 52 tfi J:.:t.. 2"j~' :;u .;J ct)"- ~, '.0 :,-, -<-'. ',; ; ~ ,.,{ r-/.' ,,:::0 )T' ifEo -0 ~ (;J j5;'~ ~: ';; ~'i<' ~-' F] E5'~a c ~- l:"" e::J "- :0 -< - --"yO< . . ',", -:,1.. .,,; '_, , ; _", '_~,- _0 ,',c-" :'""'''"'''';0..'''-.",' " " ~",-- WEIJUAN CHEN, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. BING SHENG L1, DEFENDANT : 01-0649 CIVIL TERM ORDER OF COURT AND NOW, this 1.0 day of March, 2001, following a hearing pursuant to 23 Pa.C.S. Section 6107(a), and not being satisfied that plaintiff has proven the allegations of abuse by a preponderance of the evidence, the petition for a protection from abuse order, IS DISMISSED. The temporary protection from abuse order entered on January 31, 2001, IS VACATED. Ed." B. Bayley, J. ( ~ Mary Ann Murphy, Esquire For Plaintiff :saa 7 03-;;20 -0 1 ~~ Mark S. Karpo, P.C. For Defendant \(2, (o."J ~\>~ ~ L-S . I I , IP~. <' ~",','~ ,- ,* -~, ,~~ - , '~" '- w ,~ PLED~'OfFICE OF FP(F}IC)NOTARY 01 MAR 20 Prll;:O~ CUMBt::,LA:JD COUNTY PENNSYLVN~IA ~ , ~~ """"""."IWll!,_ lIT. ,',(~l L n_ ~,~,J~~1iII'iW,~~'it4'1J!"'!'eX1'~!'iIl\il'ii-$~!ml4"'~~,31' "'f ",w~W~$l!lI~'J!:l:., _ ~'~~,'.~':'\,' ,~ . ~ ~~ ..........1 @001 03/20/01 ruE 16:23 FAX 717 240 6573 . cmlB CO PROTHONOTARY , *$*$*$**$$**$$************* U$ MULTI TN REPORT U$ ****$**********$$***~~***** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2507 [ OIl 9p2405331 [ 03I9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR OFPICE OF 1liE PROl'HClIOTAR't OJMBERLAND <XxlNr'f COUR'IliCUSE ONE \XXlR1llCUSE SQUARE I, I' i , 1: CARLISLE, P~. 17013-3387 (n 7) 240-6195 FAX (717) 240-6573 10: /I I l (') VIA TELECOPI Lerrtra... rrocess. L~ FA STATE POLICE E R FAX II: 717-249-0779 f'RCM : CUllTlS R. LONG RE: PFA ORDERS MESSAGE: 1- __. 00. 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", y\, ~ Q;~i' ~ ~ .1~{~ 1 ~ .l1-- '" r.fll ~~~ *-~. ~ (,tt i.W,--K'It' 11'P;{, A'V~~ vt\~ ~~" ~~ 1'Y~bJ.:;'!b J ~~'~~,~\~~\ft,_~~lg. ~~ll'i/t~~l.. <I Jcw"~~"nt.HIf\t ~"!"'" (~ ,~ {~ b!l. '" 1 't~ I / _ , ~, .'.0 '"' "f" ,,,,', ~- '.'~ _"r. "-, ' o o WEIJUAN CHEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BIN SHENG LI, Defendant 01-0649 CIVIL TERM IN RE: PROTECTION FROM ABUSE Proceedings held before the HONORABLE EDGAR B. BAYLEY, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on March 19, 2001, at 10:50 a.m. in Courtroom Number Two. APPEARANCES: MARYANN MURPHY, Esquire For the plaintiff MARK KARPO, Esquire For the Defendant ~~ o ~' ~ " I "' o " .i<',"" " ,~'~ ,~... ",~'-,,'. " FOR THE PLAINTIFF 1. Weijuan Chen 2. Doris A. Brown 3. Eleanor A. Cortez FOR THE DEFENDANT 1. Bin Sheng Li INDEX TO WITNESSES DIRECT CROSS 5 15 44 49 51 53 31 40 REDIRECT 29 RECROSS 2 ,~ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 " , ,. "-" _'.__' "<__'"~iu - i~ o o March 19, 2001, 10:50 a.m. Carlisle, pennsylvania (Whereupon, the following proceedings were held:) THE COURT: Do we have an interpreter? MS. MURPHY: Yes, Your Honor, we have two interpreters, one for the plaintiff and one for the defendant. THE COURT: All right. Ma'am, would you state your name, please. MS. KNAUER: My name is Amy Knauer. THE COURT: And you are going to interpret into Chinese? MS. KNAUER: THE COURT: MS. KNAUER: THE COURT: MS. KNAUER: Yes, sir. You speak fluently? Pretty well. Chinese? Yes. THE COURT: Fine. And your name, ma'am? MS. KANG: Hongjin Kang. THE COURT: And you too -- is it Chinese or is it a dialect? MS. KANG: Mandarin. THE COURT: You speak Mandarin fluently? MS. KANG: Born that way. 3 ~ ~ < _, '_-,',c" '...,-- o o 1 THE COURT: And you are speaking? 2 MRS. KNAUER: Mandarin too. 3 THE COURT: Mandarin also. Fine. If both 4 of you will raise your right hands, there is an oath that 5 you two must take. 6 (Whereupon, both interpreters were sworn.) 7 THE COURT: We will try to go slow. If you 8 need to go slower, if either interpreter needs that, you 9 just let me know and I will be happy to do that. It is a 10 difficult job and I understand that. You may proceed. 11 MS. MURPHY: Thank you, Your Honor. I would 12 like to call Weijuan Chen, please, to the stand. Your 13 Honor, would you like Professor Kang just to stand -- 14 THE COURT: Wherever you would like. If you 15 would like to sit in the jury box, if that would be easier 16 for you. 17 MS. KANG: That would be too far. 18 THE COURT: That will be nice. Ma'am, if 19 you will come up here, and I will let you go over there. 20 Fine. If you would have her stand and tell her to raise 21 her right hand, and then the stenographer will swear her in 22 and you can interpret. 23 Whereupon, 24 WEIJUAN CHEN, 25 having been duly sworn, testified as follows: 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -, , . ;;'~', ,;, ,,,"'";,',,,,,:~ -c.- ,. ~-'-~-- -. -' o . (Whereupon, all of the following answers were interpreted by Hongjin Kang for the plaintiff. ) DIRECT EXAMINATION BY MS. MURPHY: Q Could you please spell your name and say it for the record. A My name is Weijuan Chen, W-e-i-j-u-a-n, C-h-e-n. Q And what is your relationship to the defendant? A Husband and wife. Q And when were you married? A November the 22nd, two zero. Q And where were you married, Weij? A In this court. Q How long did you know your husband before you got married? A Since August 1997. THE COURT: August of when, ma'am? THE INTERPRETER: August of 1997. BY MS. MURPHY: Q How did you meet your husband? How did you start to get to know each other? A It started by her putting up an 5 .~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 " ~ ~'-~ ~~._~r , .~'" o o advertisement in World Journal, a Chinese newspaper, and that's how they started. So Mr. Li wrote to her and she wrote back. They wrote to each other for more than two years until they met in Thailand. In August 1999, they met for the first time in Thailand. Q How long did you stay together in Thailand? A A week. Q Could you describe what your husband looked like at that time? A When I saw him in 1997 -- 1999, sorry, was entirely different from what it is now. Q How did he look then, Weij? A He wasn't that thin as he is now, and he wasn't that old as he is now. And he looked very energetic in a short-sleeved sweater and a shirt, yeah, looked fine. Q Did you discuss marriage when you met in Thailand? A When they were in Thailand, they decided that they were engaged. So Mr. Li would go back -- come back to the states and then make all the arrangement for her to come here and marry him. Q Did he give you an engagement ring or anything when you were in Thailand? A Yes, he did. Q You came to the United States when, Weij? 6 .,'~'~~'-~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 '--'''-.. e. _ --,' ..CO'_ ~,_,_ ,~ " o . When did you arrive here? A November the 11th, 2000. Q And how did your husband look when you got here? A He look very much like what he looks now but very different from what he was when they met in Thailand. MS. MURPHY: Your Honor, may I approach the witness? THE COURT: Yes. MR. KARPO: Excuse me, may I see that? MS. MURPHY: I'm sorry. BY MS. MURPHY: Q Weij, could you tell the Court when that picture was given to you? A She got this photo the first time when they began to write to each other. This is the one he mailed to her. Q Is this how he looked when you were in Thailand? A Looked a bit older than this one. Q After you got married, Weij, can you tell the Court what your marriage was like? THE COURT: Say briefly. MS. MURPHY: Briefly. THE WITNESS: At first it was okay, but it 7 ,-,,"""",-0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - -1-;' '"'"':"~;' 'L-,-';< ~:;-. -. I' " o o didn't take long that he began to raise his requirement. He insisted on having sex with me, and I couldn't stand that. And he accused me saying that our marriage was a phoney, and so he wanted to put her into prison, so on and so forth, and so she said that her marriage life is very abnormal. BY MS. MURPHY: Q When you say that he wanted to have sex with you, was it more often than you thought it should be? A Yes. He always wanted to have sex with me. He said -- he claimed to be like a man of 50 years old, so he always wanted to have sex with her, and, yeah, that's what he did. Q What problem did you find with that? What happened that that was upsetting to you? A Actually, he, himself, cannot make it. He cannot have sex, but he insisted on having it. And he no matter what kind of mood I was in, he insisted on having sex with me. When I was tired, he wanted to have sex. After we have quarreled, he wanted to have sex. So no matter what kind of mood I was in, he wanted me to do that. That make me very, very uncomfortable. Q Was there any force used? A When I wouldn't do that with him, he would pull me to the bed and hit me and force me on the bed, kick 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . I.'" .t', " ,- . i/'.",>:',- o me. Q How often did he do that to you, Weij? A Like three or four times a week. He always behave like this. Q Was there anything you could have done to get away from him? (Witness talked to interpreter for a long period of time.) MR. KARPO: Your Honor, I'm going to object. THE COURT: I am going to stop and have her start again, and then tell her you cannot possibly remember all of that. At the point where you want to break, you tell her to break, and then you can intervene and she can continue on with the same thought. Let's ask that same question again. MS. MURPHY: Which was? THE COURT: Could you stop it or something. BY MS. MURPHY: Q Was there anything you could do to get away from him or stop him? THE INTERPRETER: I can state what I remember. THE COURT: Well, let her start again, and you keep it segmented as you find necessary. THE WITNESS: So the only way she could 9 '0 - '" ,I ,,"c- :... ~~ '.,.,.- (;-- o ."" v 1 escape from him was that she spent all her time in the 2 lounge in the building downstairs reading, studying English 3 there, and so she always stay there until midnight, 12:00 4 or 1:00, hoping that he would have gone to bed. But he 5 always had his light on, and he was waiting for her. 6 As soon as I got home, he would come to me 7 and force me to have sex with him and he -- and I felt that 8 it was against my will, and then I felt very, very dirty. 9 But then I thought it very late, I didn't want to wake any 10 of the neighbors, so I just did what he wanted me to do. 11 BY MS. MURPHY: 12 Q Weij, did you ever talk to him and tell him 13 that you didn't want sex to be forced upon you? 14 A Yes, she talked to him for many times, but 15 he never listened. Things got even worse. 16 Q Weij, you said that he kicked you and 17 slapped you. Were there any bruises from that afterwards? 18 A Yeah, he kicked her and on her legs they are 19 black and blue. 20 Q Did you ever threaten to call the police or 21 to leave him? 22 A She was thinking of calling 911, but she 23 didn't because her English was limited and she couldn't 24 explain clearly. So he was accusing her -- was saying the 25 marriage is a phoney, and so she should be put into prison 10 ,-or ."........ I.~,-,," , ,,-j ~.~ %)-,'~~ ''';'',- ,~,; 0_',- , , o 1 for five years or should be fined for $250,000.00. 2 Q Did you tell him you would leave him? 3 A She said that you cannot intimidate me by 4 your American citizenship. If you are going on like that, 5 I cannot stand this, and then we are going to end our 6 marriage. It's no longer important for me to get a green 7 card because compared with my life it's not that important, 8 just let me go. 9 Q What did he say to you when you said let me 10 go? 11 A You think you can leave me, no way. You can 12 never go back to Shanghai. If you die, you die here. I 13 would never let you go. Whatever I cannot get, nobody else 14 can get. 15 Were you afraid when he said those things, Q 16 Weij? 17 At first I was angry and then I became A 18 afraid. I was afraid that he might do something bad to me, 19 and he was saying whatever he couldn't get nobody else 20 could get, and I really was afraid he might kill me. 21 Weij, can you tell the Court what happened Q 22 on January 18th? 23 A On January the 18th after work, Mr. Li came 24 to pick her up. During the drive home, Mr. Li said that 25 they would have sex when they get home. Weijuan was 11 -~, - =. ....;,1,.:'- -._, - l,' " o CD 1 saying, no, because she's tired, and then they began to 2 quarrel throughout the ride. 3 So as soon as they got back, they were in 4 the kitchen and Weijuan was going to cook some noodles for 5 herself, and then the quarrel continued. And Mr. Li use 6 dirty languages to humiliate her, was saying that marriage 7 was phoney, and then he claimed that he could marry a 8 20-year-old American girl who stand in line waiting for him 9 to marry them, so he could easily replace her. 10 He was telling her that the immigration II officer would get into the apartment any time. Only when 12 they were making love could they prove that they were 13 husband and wife; otherwise, they would kick her out of the 14 states or put her in jailor fine her for $250,000.00. 15 He was saying that to get a green card you 16 have to pay $50,000.00. Now I don't charge you anything, 17 think about that, and then he -- she said she is not afraid 18 of being put into prison because she would be safe because 19 she will be away from him. 20 Q Did he do anything else the day of January 21 18th? 22 (Witness talked to interpreter for a long 23 period of time.) 24 MR. KARPO: Your Honor. 25 THE INTERPRETER: Stop there. 12 .~~' _.c' Ii... -' '., " -~,< ~ ~ ~ ,. -::,': o o 1 THE WITNESS: So he insisted on -- still 2 insists on having sex with her, and she tried to ignore 3 him. She tries to cook some noodles for herself, and so he 4 grabbed the dry noodles from her hands and threw them out 5 of the door. 6 THE COURT: I want her to go in shorter 7 segments. Go ahead. 8 THE WITNESS: So when Mr. Li open the door 9 to throw the dry noodles and she was yelling, help, help, 10 so Mr. Li shut the door and put her against the door, and 11 then he began to lick her face and use his two hands force 12 on her -- on her body and try to touch her everywhere. 13 So when I was still -- she was still 14 struggling so Mr. Li kicked her on her legs and then used 15 his hand to box her ears, both cheeks. So I felt it would 16 be very, very dangerous for us to stay in the kitchen 17 because there are knives and scissors there, and he was 18 already like a wild animal, a wild dog, lost sense 19 completely. 20 Then I thought it would be very dangerous 21 for us to stay on, and so she agreed to have sex with him, 22 and so he let her go. But then she said that we must clean 23 the corridor outside, that's public, and so he agreed and 24 he opened the door. She ran out. 25 13 ,~~ - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 il , , , ~', o . BY MS. MURPHY: Q Were you afraid of him then, Weij? A Yes, she is very much afraid of him. Q Where did you go when you ran? A She ran to one of the neighbor's, Doris' house. Q And did you ever go back to live at the apartment again? A She never got back. THE COURT: Where was this apartment? Where was it? THE WITNESS: In Camp Hill. THE COURT: Go ahead. BY MS. MURPHY: Q weij, are you afraid of your husband now? A Yes. Q What do you think he would do? Why are you afraid? A I think he's very abnormal. He's sexually kind of a maniac. So I don't know what will happen to me. He might hurt me. MS. MURPHY: I have no other questions, Your Honor. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -'. .Ie- ,_.._~..> o . CROSS EXAMINATION BY MR. KARPO: Q Miss Chen, you are a citizen of the Peoples Republic of China now, is that correct? A Yes. Q How old are you now? THE INTERPRETER: Say it again. BY MR. KARPO: Q How old are you now? A Forty-nine. Q And you were born and raised and lived in Shanghai, China, your entire life, is that correct? A Yes. Q When you met Mr. Li in Bangkok, did you have sex often? A No. Q Did he seem like a sexual maniac to you then? A Only when she came to the states she discovered that. Q How many times did you have sex in Bangkok, do you remember? THE INTERPRETER: I can't hear you. BY MR. KARPO: Q How many times did you have sex with Mr. Li 15 ,~= -".~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 " ,L --~ -. ,~ - -. :;"'".,.,-,_., -,~',-, ",- o . in Bangkok? A No, they had no sex because the Chinese tradition is that if you don't get married you don't have sex. Q Isn't it true that you knew that Mr. Li was a lonely man and that he had serious pain in his legs? THE INTERPRETER: In his legs? MR. KARPO: Yes. THE WITNESS: She said that he has no problem physically. He's studied the rejuvenation of the human body for many years so he says he is as young as a man of 50. BY MR. KARPO: Q Didn't you write to Mr. Li letters telling him that you would take care of his seriously painful legs? A Yes. Q So you knew he had painful legs before you came here, correct? A He said he had some problem with his leg but nothing serious, and after the doctor's treatment it was fine. And so she wrote to him asking how is your leg doing. She said it's fine, no problem. Q So you knew he was seeing doctors about his legs before you came here, correct? A He said that in his letter. She doesn't 16 ," ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -,-;.,~I -.-." - '^.~ c . know if he really went to doctor or not. Q Before coming to America, you were familiar with the United States' immigration laws, weren't you? A She knows that she must have relationship for at least two years. Q In fact, didn't you write to Mr. Li giving him specific instructions on what papers to file with the INS so that you could come here? THE INTERPRETER: You said documents files. Say it again, please. I didn't really catch it. BY MR. KARPO: Q Isn't it true that you wrote to Mr. Li and told him exactly what papers he needed to file with the INS so you could come here? A She says she didn't know how to apply, and it's when Mr. Li asked her to do something, fill out something, she did as what he asked her to do and she didn't know. Q Didn't you discuss specific strategies on how you were going to transfer bank funds into your name to deceive the American consulate in Shanghai? THE INTERPRETER: Say it again. BY MR. KARPO: Q Didn't you write to Mr. Li and tell him you were going to transfer bank funds into your name so that 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o o you could deceive the American consulate in Shanghai? THE INTERPRETER: The bank bond in China? MR. KARPO: I'll rephrase it. THE INTERPRETER: I can't understand what you said. THE COURT: You can rephrase it. THE INTERPRETER: Can you explain a little bit what you are talking about? BY MR. KARPO: Q Didn't you write a letter to Mr. Li telling him you were going to transfer money into your bank account? THE INTERPRETER: Into her? MR. KARPO: Yes, into her bank account. THE INTERPRETER: So Mr. Li's bank account? No. It's her's. Whose is whose? THE COURT: Just translate it literally what he is saying, into her bank account. THE INTERPRETER: I have to understand what he is saying. MR. KARPO: I'm sorry, your name again is? THE INTERPRETER: Hongjin. MR. KARPO: Miss, when I say you, I am not referring to you, the interpreter. I am referring to you the plaintiff testifying. 18 ~ ~ ~- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ."J,,~ I, '.._ 4 , _~ -a . . - o . THE INTERPRETER: What I don't understand is whose bank account move to whom. MR. KARPO: When I say your bank account, I am referring to the plaintiff's bank account. THE INTERPRETER: Okay. No, she didn't. BY MR. KARPO: Q Isn't it true you wrote a letter when you discussed deceiving the American consulate that you had more money than you actually had? A The consulate never asked how much money she has got. Why does she have to answer this question? MR. KARPO: Your Honor, my interpreter is telling me that there is an incorrect translation occurring at this point. THE COURT: Go again and translate literally. Go in segments. Ask the question in segments. THE INTERPRETER: I think it's the problem I can't hear him. MR. KARPO: I think I'm going to introduce the letter. THE COURT: She is saying she cannot hear you either. If you come over and speak a little louder, that will help. MR. KARPO: Thank you. 19 ~~- - I ~ no. ~, ,,' ;~"i 1 , o . 1 BY MR. KARPO: 2 Q Isn't it true that you wrote to Mr. Li 3 telling him that you were going to transfer funds into your 4 bank account so as to deceive the immigration service? 5 THE INTERPRETER: What bond? 6 THE COURT: In China. 7 THE INTERPRETER: She asked. 8 MR. KARPO: Not a bond. You used the word 9 bond. She had a bank account in Shanghai. 10 THE INTERPRETER: Yes. 11 MR. KARPO: And Miss Li transferred money 12 into that bank account so as to deceive the immigration 13 service, isn't that correct? 14 THE INTERPRETER: Did Li say that? 15 THE COURT: No. Tell her she must say 16 whether she did that or did not do that. 17 THE WITNESS: No. 18 BY MR. KARPO: 19 Q Didn't you write a letter to Mr. Li where 20 you described how you were going to borrow money from a 21 friend and put it into your bank account to deceive the 22 immigration service? 23 A She said that he wrote to her saying that he 24 at that time couldn't provide the life insurance for her, 25 for her to come, and he just worked for a few month and for 20 .-, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ...- _, ..1 ~. .~-. ,','. o o three years he didn't pay tax. That's why he ask her if she can borrow some money from relatives or friends and put them into her account. Q So are you admitting now that you borrowed money from friends and put it in your bank account to deceive the immigration service? A It didn't happen. (Whereupon, Defendant's Exhibit No.1 was marked for identification.) BY MR. KARPO: Q I'm handing you now what's been marked as Defendant's Exhibit 1. Is that a letter that you wrote? THE COURT: Is your question whether that is a letter that she wrote to Mr. Li? MR. KARPO: Yes. THE COURT: Just ask her that simple question. Hold on. Ask her is that a letter she wrote to Mr. Li. THE WITNESS: Yes. BY MR. KARPO: Q In that letter, don't you tell Mr. Li that he has very bad legs and he needs to see a doctor? A Yes, he did. Q By the way, that letter is dated June 30th of 2000, correct? 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ J r-~ ,~, " _: _ ~ o . A Yeah. Q Don't you say in that letter that you can't take care of Mr. Li from so far away? A Yes, she did. Q And don't you say in that letter that you were transferring between 4 and $5,000.00 into your bank account? A Yes. Q And don't you discuss what's called an affidavit of support in that letter which is a form that you and Mr. Li are required to file with the immigration service? A He said that he couldn't provide the affidavit. THE COURT: That isn't the question. You must reask the question. Don't you say what? Go ahead. BY MR. KARPO: Q Don't you say in there that you were transferring between 4 and $5,000.00 -- THE COURT: She already said yes to that. MR. KARPO: Could you read back the last question. (Whereupon, the previous question was read back by the reporter.) THE COURT: Ask that question again, please, 22 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o . 1 ma'am. 2 THE INTERPRETER: Please. 3 (Whereupon, the previous question was read 4 back by the reporter.) 5 THE WITNESS: Yes, they did. 6 BY MR. KARPO: 7 Q So at that time you were quite familiar with the immigration laws, weren't you? A Not much. He told her in his letters -- THE INTERPRETER: Am I going to translate that? THE COURT: Well, she answered the question. I assume she was answering more, adding more to it. You can say what she said. THE WITNESS: She said that when she went to the consulate they never ask about affidavits because she was coming here as a non-immigrant visa. That's why only -- you know, they didn't really need affidavits. BY MR. KARPO: Q By the way, going back, the ad that you placed was in through which you met Mr. Li, that was in a United States' newspaper, correct? A Yes, it was World Journal, Chinese newspaper. Q That newspaper is only published in the 23 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 = I _ ~ r _ o o United States, correct? A Yes. Q So you were advertising for a husband in the United States in your ad, correct? A She says that the World Journal is probably for the old world also including the United States but, yes, yes. Q When you first came to the united States in November of 2000, you testified that Mr. Li looked old, is that correct? A Yes. Q And you testified that after you were married he wanted to have sex but that you couldn't stand it, is that correct? A He cannot have sex. So so-called sex relations was only he wanted to force himself on me. Q I know this is personal, but can you tell me what you mean by he cannot have sex? A His penis cannot erect. Q Did you ever have sexual intercourse with Mr. Li? A There was no real sexual intercourse that's symbolic. Q After you were married, you would stay out late at night, that's correct? 24 ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . ~".__w__,~'''' . ~,l o . A She stay in the lounge in the building. She never went out. Q And after you were married and he filed the INS petition, you moved out of the bedroom and never slept with him after that, didn't you? A Yes, since December she moved out. Q You've testified that Mr. Li has kicked you and slapped you on several occasions, is that correct? A Yes. Q How many occasions did he actually kick and slap you? A He slapped her once but he kicked her -- that's constant. Q He slapped you one time. And where did he slap you? A Both cheeks. Q Did he kick you hard? A Yes, black and blue. Q You have testified he has bad legs, but is it your testimony that he was still able to kick you hard? A She said she ask him many times how his leg was faring. He said no problem. He had no problem. Q My question was -- you testified that he has bad legs. Is it your testimony that he kicked you very hard? 25 -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 '~ .1. -~- ~. '-I .-' o o A Yes. He wrote to her saying that he had no problem after he went to see the doctor. Q Maybe you are not understanding my question. THE COURT: She answered it in a roundabout way. BY MR. KARPO: Q On January 12th, you and Mr. Li went to the INS together, correct? A She says she never went there. She was at work. She didn't go. January the 12th she said she didn't go. Q Did she ever go to the immigration service in Philadelphia, Pennsylvania? A She has never been to immigration service. She went to Philadelphia only once for sight-seeing. Q By the way, isn't it true that Mr. Li took you to Washington D.C. and New York City and Philadelphia on many trips sight-seeing? A Yes. Q Isn't it true that he bought you clothes and paid for all of your food and paid the rent? A She said what he spent for clothes for her no more than a hundred dollars and then just some Chinese food. Q You've testified that your marriage is over, 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1. ~'J .;::,,"-1 >-.0-",,-'0 , o . correct? THE INTERPRETER: Say it again. MR. KARPO: You have testified -- THE COURT: I have not heard her testify to that. You are coming to a conclusion. She has moved out. BY MR. KARPO: Q Mr. Li has filed divorce against you, you are aware of that? A She just got it. Q Do you intend to stay in the United States or return to Shanghai? A She will consider it when everything is over she said. Q Are you considering filing with the INS as a battered spouse? A Yes. Q Yes, you are. And isn't it true that as a battered spouse you do not need Mr. Li's cooperation to get your green card? A She said maybe. Q Since leaving Mr. Li, have you filed any papers with the INS? A What papers? Q Any papers at all. THE COURT: To do what? 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ;_:"-1,- ~~, o o MR. KARPO: For her green card status. THE WITNESS: Yes, she did. BY MR. KARPO: Q What papers have you filed? A She said that Mr. Li took some papers from the immigration office and told her he was going to file temporary green card. MR. KARPO: Your Honor, my interpreter has just advised me that there's been a misinterpretation. THE COURT: Well, try it again, please. It is good to have the two interpreters. Take it point by point. BY MR. KARPO: Q My original question was, since you left Mr. Li on January 18th, have you filed any papers with the INS? THE INTERPRETER: Sorry, I missed the first part. I apologize. MR. KARPO: No problem. THE WITNESS: No. BY MR. KARPO: Q Have you sought the advice of an immigration attorney in the United States? THE COURT: That is the question, has she sought the advice of an immigration attorney? THE WITNESS: No. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - -" ~ ,-., 'J o o MR. KARPO: Nothing further. THE COURT: Any redirect? MS. MURPHY: Yes, just one question, Your Honor. REDIRECT EXAMINATION BY MS. MURPHY: Q Weij, you testified before that you are afraid of your husband. Are you afraid of being deported to China or are you afraid that he will harm you if you don't get your protection order? A I am afraid that he will hurt me, hurt me. MS. MURPHY: One more question, Your Honor. BY MS. MURPHY: Q Weij, did I tell you before this hearing today that if you did not get your protection order and if there was a deportation hearing that it could hurt you? THE COURT: The question is, did you tell her that? MS. MURPHY: Yes. BY MS. MURPHY: Q Did I tell you before the hearing? A Yes. Q And did you tell me that you wanted to go through with the hearing anyway, this hearing today? A Yes. 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,,,,-1-. ~~-"i- ;-- k1il.;;Jf" o . Q And why did you want to do this hearing today? THE COURT: She has told me. Wait. Wait. She has told me. MS. MURPHY: I have nothing further, Your Honor. Any recross? MR. KARPO: No, Your Honor. THE COURT: She may step down. This is going to take awhile. I am going to take a lunch break and come back at quarter to 1:00 because it is going to take awhile to get through this, and I would rather take a break for lunch. Recess until quarter to 1:00. (Whereupon, a lunch recess was taken from 11:48 a.m. until 12:50 p.m.) THE COURT: Do you have any more witnesses? MS. MURPHY: Yes, I do, Your Honor. THE COURT: Is your client going to testify? MR. KARPO: Yes, he is. THE COURT: I want to hear him first, and then I will take the individual witnesses. MR. KARPO: May I call him? THE COURT: Yes. MR. KARPO: Call Mr. Bin Li. 30 - .,~_"",-"L'd- "'J] ~.~'~F o . 1 Whereupon, 2 BIN SHENG LI, 3 having been duly sworn, testified as follows: 4 THE COURT: I will let you do it any way you 5 are more comfortable. Just speak loudly. 6 THE INTERPRETER: Okay, I will. 7 (Whereupon, all of the following answers 8 were interpreted by Amy Knauer for the 9 defendant.) 10 DIRECT EXAMINATION 11 BY MR. KARPO: 12 Q Mr. Li, can you state your name for the 13 record, please. 14 A Bin Sheng Li? 15 MS. MURPHY: Your Honor, excuse me. I'm 16 17 18 19 20 21 22 23 24 25 sorry to interrupt, but Professor Kang cannot hear the interpreter. If she could please speak up so we could make sure everything is being interpreted. THE INTERPRETER: I will. THE COURT: Just speak a little louder. BY MR. KARPO: Q How old are you, Mr. Li? A Seventy-two years old. Q What is your occupation? A I'm retired. 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ",- - -~ ' ':i '-,-C__. o . Q You were born in China, correct? A Yes. Q And you were a professor at Beijing University for most of your life, correct? A Q Yes. You came to America around 1992? A In the 90's. Q And you are now a u.s. citizen? A Yes. Q Have you ever been arrested for anything in your entire life? A No. Q You first met the plaintiff by responding to her ad in an American newspaper, correct? A Yes. Q And then eventually over a couple of years of correspondence you met her in Bangkok in August of 1999, is that correct? THE INTERPRETER: 1999? MR. KARPO: I believe it was August 1999. THE WITNESS: Yes. BY MR. KARPO: Q Did you have sex with the plaintiff in Bangkok? A Yes, we did because she agreed to marry me. 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o . We were in the same room in a hotel, and we did have sexual relationship. Q How many times did you have sex in Bangkok with Miss Li -- I mean, with the plaintiff? A Throughout the whole time twice. Q Did Mrs. -- strike that. Did the plaintiff make any promises to you before you got married? THE INTERPRETER: Can you repeat the question? BY MR. KARPO: Q Before you were married, did the plaintiff make you any promises about the marriage? A Yes, she did, and she said she would not have any consideration against his age, his appearance, or his fortune as long as he loved her. Q In August 1999, did you look and appear similar to how you look now in court? A Yes, there has been no big changes. Q You have a problem with your legs. Can you describe that to the Court? A In June of 2000, my legs -- the situation really acted up, and they would get numb. And I could hardly even drive sometimes, and I did tell my wife about it. Q In January of this year, how were your legs? 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1-, , . ~ ~ ' " ,_ "_""0'_" ;J., _~ _ ~ ' o . A They were actually pretty good until she arrived, and then we would take trips and I would be driving and going behind the wheels for more than, like, 10 hours at a time so they were acting up again, but they were not to the point where I couldn't use them or anything. Q You were -- the second time you met the plaintiff was here in the United States, correct? A Yes. Q And that was on November 11th of the year 2000? A Yes. I went to the airport for her. Q And you filed papers with the immigration service so that she could come here? A Yes, I did. As a matter of fact, we got married on the 22nd of November, and on the 24th of November I went to file the papers for the green card. Q Before you were married, can you briefly describe the plaintiff's relationship with you? A His only request from her was to set up, like, a marriage contract type of thing between the two of them for financial cooperation type, the two of them would merge their incomes together, and the second clause was that they could not be using separation as a means to go apart, come apart. Q How did the plaintiff treat you before you 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ,_' ,__ I "J -, - ,',~;-;~ ~ .,,~,,':' e . were married? A She was very nice to me. As a matter of fact, we did have sexual relationship because we were in the same room, same bed. Q So before you were married, did you sleep in the same bed in your apartment here in pennsylvania? A Yes. Q After you were married on November 22nd and you filed papers with the INS on November 24th, was there any change in how the plaintiff treated you? A After the 24th, after he went over to turn in the papers for immigration, the purpose she moved out that night into the parlor, the sofa, I think with her stuff and saying that she wanted to be alone. Q Did she have a change in her physical affection for you? A After they got married, she started telling me that why would you want me to have sex with you, you're cheap, this is low class. And then she accused him of looking old like a ghost. She called me a toad, a toad that would like lusting after a swan's flesh. Then I demanded -- I requested sex, and then she said -- finally she said -- she backed down and she said, yes, how about twice a month, no more than five minutes per time and just embracing. 35 :~.. , - 1.,:.;.,.,_.- ^ .. "' -- ">--.",'.L '--',",,--; o 4ft. 'f!I 1 Then two weeks into it when he wanted sex 2 with her she said, okay, you are going to rape me and I am 3 going to call 911. After that I just never had any 4 interest in that anymore, and I just never requested any 5 more sex from her. 6 THE INTERPRETER: Can I ask him one word? 7 THE COURT: You may. 8 THE WITNESS: Yes, and she used the lowest 9 of the worst of the language to tell me off, and 10 periodically she would use this big coffee mug to knock on 11 the doors, the wall, or actually she made a dent in the 12 kitchen. It seemed to me that she was trying to set up a 13 situation where I would hit her and then she would accuse 14 me of doing so. 15 I kind of figured that if I had sex with her 16 she would call definitely 911 and police would not care if 17 she would speak the right language or what, they would come 18 and they would arrest me. I didn't want this confrontation 19 so I avoided her. 20 She claimed that in December he was going 21 over to her pointing at her head, scolding her and trying 22 to hit her. He said that was not true. The fact was that 23 they hadn't had relationship for so long that he just 24 wanted to go over to hug her, to give her a kiss. She 25 actually refused me and she hit me and she kicked me a 36 -<~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - k- ,-- . - ,~~" o . ,_!"..'.', couple times. She turned around and she told this elderly lady, a neighbor, that he was kicking her. BY MR. KARPO: Q Do you see that elderly lady in the room right now? A No, no. THE COURT: There are no elderly ladies in the rOOI1\. MR. KARPO: Thank you for pointing that out, Your Honor. BY MR. KARPO: Q On January 12th, you went to the INS, correct? THE COURT: Did you say January 12? MR. KARPO: January 12, Your Honor. THE WITNESS: I was off and my wife asked me to go to INS and check on the status of her application. And when I went over to INS to check on it, they told me that I had to refile this form of I-485. BY MR. KARPO: Q Did you ever file that form? A No, I never filled out that form. I only wrote them and said now that we are married would you please give my wife a green card. Q Did you tell the plaintiff that you were not 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - , . .,..~ '~.~~.~~ o o going to file that form? A No, he did not. He just said our relationship has not been very good. Why don't we try to do a better job, build up this family, have a better relationship, have harmony, and then I would do the green card for you. Q How did she reply? A So she replied, well, how else am I going to improve this relationship. Do you want me -- do you want us to be hugging each other every day, being in bed instead of improving. So I said, no, I just want to have a better relationship where we can communicate, we can help one another out and just be a better couple. And then she said there is no room for improvement, there is no need. Q On January 18th, the plaintiff alleges that you slapped her in the face once and that you kicked her several times. Is that true? A So I said, no. Actually that afternoon she was making some noodles in a pot of hot water, and I was just saying now I have filled out the form, let's get together and improve on our marriage and get it a little better and I will send it in. Let's make it a real marriage. And then she said, you, the toad, who's 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . -" ~ ., - " "'. '-', ; "'.'~, --'~- """"11 ,. o . going to really marry you arid have a real marriage with you? And she said to me that there is not a single person that would marry you here in America. And as she jumped over, she started kicking and hitting him. So I started using my hands kind of to defend myself and worrying about my leg being kicked or anything, my bad leg, and that I would fall. So I just decided to kind of withdraw, go inside. And I saw very strange scene. All of a sudden instead of putting the dry noodles in the water she ran out, opened the door, ran out into the hallway and yelled. I guess she put them down and yelled help. Q Do you know why plaintiff ran out in the hallway and yelled help? A I'm sure that she wanted to create a scene where she wanted to show people how I was trying to abuse her and I was going after her. And then just to complete the scene that, you know, I grabbed her so that she let go of the noodles and then she went back in the apartment. She didn't put a jacket on, but she grabbed her bag and then she left. Q Were her bags already packed? A It's not a special suitcase or anything. She had this bag that she might even have here -- he said that she always had with her whether she was going to the 39 o--~ . ~. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . o. "._.,_, .""___ . 0.' ie_ ,~._ '.'--'-~ k'<'_ ~, --~'-':-.';,,' ~'" o . bathroom, going to the kitchen, going out sitting, it is always sitting right next to her. I suspect that she had all these telephone numbers of friends and stuff like that in there. Q Sir, are you saying she had a bag that she kept secret from you that she never let you look in? A Yes. Q You filed for a divorce against the plaintiff at this time? A Yes. MR. KARPO: I have nothing further. MS. MURPHY: Your Honor, could I just have one moment, please? THE COURT: You may. CROSS EXAMINATION BY MS. MURPHY: Q Mr. Li, you said you are retired. Do you not work at Karns in Mechanicsburg? A Yes. In April of 1999, I started working at Karns, but since maybe over a month ago because of all of the family problems and I was starting to have pain on my shoulder and my leg, I told my supervisor I would quit. Q You said, Mr. Li, that on January 12th when you went to philadelphia you had the day off so you went to Philadelphia. You were working at Karns on January 12th, 40 b_~1-. "=: - - " ","' ,"~;'";",,_ I ';di ,:~ 0', .. .' ... 1 is that correct? 2 A Yes, he was still at Karns. 3 Q So you left Karns after your wife filed -- 4 she left the house and she filed this protection order? 5 A Yes. 6 Q Did anyone see -- you testified that your 7 wife hit you and she kicked you. Did anyone see any marks 8 on you or any bruises on you? 9 A No. He did not find witnesses for those 10 because he thought being hit by the wife a couple of times 11 is not enough for him to go for the police or anyone else 12 to come and look at it. 13 You said that you were worried about your Q 14 legs and that when she kicked you you were afraid that she 15 would hurt you. Your job at Karns, did you stand on your 16 feet? Were you working standing up at Karns? 17 A Yes. 18 Did you miss any time from work because of Q 19 the pain in your legs? 20 Very rarely would he miss work. He would go A 21 for, like, some kind of light work where he would just be 22 walking around sometimes, and also he felt that he was 23 obligated to work to support her because of the expenses of 24 the marriage. 25 Q Mr. Li, did you write your wife a letter 41 ~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .'d--;-'.' ,; ~ ,~"--.J, ~~"'\ _ ---~: c . telling her that she should agree to live with you -- to s~ay married to you for ten years, and if she did not abide by that then she would owe you $20,000.00? A Yes, he wrote a letter a long time ago, quite awhile back. And at that time he thought then after that he thought it was pretty meaningless to write such a letter, and also she claimed that she never received a letter even though that was certified mail, so he just cancelled the whole idea. Q You cancelled the idea of having the contract with her? A That's correct, since she didn't receive it she claimed and she wouldn't sign it. So he just decided that wouldn't work anyhow. THE COURT: Hold on. Are you suggesting that she didn't translate it correctly? MS. KANG: Yes. THE COURT: She will ask the question again. BY MS. MURPHY: Q You sent her an actual form to sign, a contract that she stay married to you for ten years or she would pay you $20,000.00, but since she didn't sign it then you forgot about it, is that correct? A Yes, he apparently did, but she would not sign it. She would not get a notary for the form so that's 42 - ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - ,_,,~I .,u;,-, '----10 , c . the situation, she wouldn't. Q Mr. Li, is your testimony that you never hit her in the face and you never kicked her? A Yes. Q And your testimony is that you never forced yourself on her and tried to get her to have sex with you? A No. Since she already set it up for me to have sex with her only no more than twice a month, no more than five minutes each part, so I just did not, no. MS. MURPHY: I have no more questions, Your Honor. THE COURT: Any redirect? MR. KARPO: No. THE COURT: Sir, you may step down. We will go back to plaintiff. If plaintiff has any other witnesses, I will hear them. MS. MURPHY: Yes, Your Honor, Doris Brown. Whereupon, DORIS A. BROWN, having been duly sworn, testified as follows: THE COURT: Off the record. (Whereupon, a brief discussion was held off the record.) 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -" -- _I. <-~..~ --,--,--,>~-- '.;,cd.' ".-,.-. c "_,,:__~_ o . DIRECT EXAMINATION BY MS. MURPHY: Q Would you please state your name and address for the record. A Doris A. Brown, 820 Lisburn Road, Camp Hill, Apartment 601. Q Mrs. Brown, could you tell the Court, please, why you are here today. A I received a subpoena. Q Mrs. Brown, did you see Weij on January 18th of this year? A Yes, I did. Q Could you tell the Court what happened that night when you saw her? A She came to my door. She was, like, terrified, and she had this cloth, wet cloth at her face, and I could see, like, a welt up here by her MR. KARPO: Objection, Your Honor. This witness is not qualified -- THE COURT: Pardon me. MR. KARPO: This witness is not qualified to give medical type -- THE COURT: Overruled. She is stating what her perceptions are as to what she can see. You may continue, ma1am. 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1-.-" ,>~ - ,~-- ;, .,-;}: , -" ~.. ",,-.,' . '. (> . THE WITNESS: Well, you could see she was terrified, shaking and crying, and she had the cloth to her face, and her face was red, and also he had kicked her legs. She had slacks on, and I could just see the one leg, and I could see the bruise. BY MS. MURPHY: Q Did you see marks on her face? A Yes, up by the bridge of her nose. It was, like, a welt, like, here at her eye. Q What did she say to you when she went to your apartment? A Well, she was crying so much and that he had slapped her and kicked her. MR. KARPO: Objection, Your Honor. I don't believe she speaks Chinese. Can we just lay a little foundation as to how she communicated? THE COURT: Is she talking to you in English? Is she talking to you in English? THE WITNESS: I could understand Weij. THE COURT: To the extent that she said something to you about this, what did she say that you understood? THE WITNESS: She was slapped, gestures. MR. KARPO: I don't want to -- THE COURT: You will get a chance to cross. 45 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 " J;.. . - ~ I ,,':,' ,0. -~-~,,-. '-<~_-J 0 ".-' <'-"1' o . Go ahead. Next question. BY MS. MURPHY: Q Have you ever seen any indication before January 18th that there was something that you felt to be wrong with Wiej's actions? A On New Year's Eve there was a group of us down in the library room waiting for the ball to fall in New York, and Weij was sitting there beside me and another woman on the other side. When her husband appeared in the room, she was very frightened and kind of curled into the corner. Q Prior to January 1st, did you ever hear any noises or anything that troubled you? A Yes, ma'am. Q Can you tell the Court what you heard? A I could hear fighting, a lot of fighting coming through the venting system. Q Were they speaking in English or Chinese? A Chinese. Q How could you -- why did you believe that they were fighting? A It was just the tone and noise, you know. It wasn't a normal tone or noise. Q Was this during the day? What time of day was it? 46 .;:: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ _ ~ . 1 "-.:; ", '--.,. '-"""2 c . A It was always at night. Q So all you've heard through the duct or through the vent was raised voices. Did you hear anything else that troubled you? A One time it really troubled me. I heard, like, a choking noise, like Weij was being choked, and I was very concerned. Q Did you mention this to anyone? A Yes, I talked to the assistant manager. Q Mrs. Brown, since Weij primarily speaks Chinese, when she went down to your apartment on January 18th, were there words that you understood in English or were they just gestures that you surmised what had happened? A Sometimes I could understand a little bit of what Weij was saying because I had talked to her many times in the library room where she studied, just small things. Q Back to January 18th, what did you do after Weij was in your apartment and she was crying and you saw that she was upset? Did you do anything else? A Well, I got more ice for her face. She didn't have ice. She just had a wet cloth on her face, but I got some ice and we put that to her face. And prior to that day, went down to the assistant manager and she said, you know -- 47 ^,.'" ~,~i;J.',,_' .__ ,,,-i.;.,-w : '0':': .~-~ 1 o . THE COURT: Wait. Wait. You were asked 2 about January 18th, only January 18th. You got ice for her 7 3 face? 4 5 BY MS. MURPHY: 6 THE WITNESS: Yes. Q And then what happened? A Well, I was to call Marilyn, the lady above 8 me, if I felt uneasy or I needed someone to talk to. So I 9 called Marilyn and she came down. 10 11 12 13 14 15 Q Did Weij stay with you that night? A No. Q Did she leave by herself? A No. Q How did she leave? A Well, Marilyn had called her daughter who 16 was a counselor in high school, and she suggested that we 17 call the, you know, abuse center here. 18 19 20 Q And you did that? A Yes, Marilyn actually did it. Q And then what happened to Weij? Did she 21 leave by herself? 22 A No, Marilyn'S son -- son-in-law came and 23 helped us to help her to get to Carlisle. 24 25 MS. MURPHY: I have no other questions. I 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 " k -,., ,~ C "h ,-- ,",', .;, , " ; <., _ ,<,,,..,. "il o . CROSS EXAMINATION BY MR. KARPO: Q You said you heard noises at night? A Yes, sir. Q Could you tell whether it was a woman's voice or a man's voice? A I would believe both. Q Did you understand anything about what the yelling meant? A No, I didn't. Q You said that you talked with the plaintiff many times in the library. What did you talk about? A Well, I was marveled at the way she studied. She was always studying to learn English, and I would, you know, talk with her and say you are doing a good job. She said, no, my English no good. And I says, well, you are doing wonderful. I tried to encourage her, and she would say she missed her mother, you know, things of that sort which I could understand. We didn't get into lengthy conversations. Q Is it fair to say that you and the plaintiff became friends? A Yes, we did. Q Had you ever had any conversations with Mr. 49 ,e'''''' ,< ' ", -.~"'_' >-vo.....'of~ .',," "-'~,,-, -' --.-,[! o . 1 Li? 2 3 A Q No. I would just see him coming and going. How did he appear to you in general, a nice 4 man, or how did he appear to you? 5 A Well, I really can't comment because I just 6 saw him in passing. 7 Q Is there anything that may have seemed 8 inconsistent to you with the plaintiff's story of abuse? 9 Did you ever see anything that didn't quite fit with her 10 story? 11 A Well, I didn't know too much about the abuse 12 goings-on until, you know, maybe right before all this 13 happened. She would say he was mean, he is a mean man. 14 Q So it was a few days before the January 18th 15 incident that she first started saying there was some 16 problems? 17 18 A Let me think here. Well, you could tell she didn't -- she would come he said she cooks his supper 19 and she falls asleep and she stays down in that room 20 studying until later in the evening. She didn't want to be 21 there with him. 22 Q She didn't want to be with him. But my 23 question was a little directed the first time any signs of 24 abuse that you saw were just a few days before the January 25 18th incident, is that correct? 50 "' ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o~. ~ -'. -'-~--,';l ,-':;,", . -,,^ ". .,;,i~j, ''-' c . A Yes. Q So you hadn't seen any signs of abuse prior to January 14th or something like that? A Except for all that noise and carrying-on, you know there is something going on. MR. KARPO: Nothing further. THE COURT: Any redirect? MS. MURPHY: I have nothing further. THE COURT: Ma'am, you may step down. You are excused. You may leave or you may stay. MS. MURPHY: Your Honor, I would like to call Eleanor Cortez, please. Whereupon, ELEANOR A. CORTEZ, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. MURPHY: Q Mrs. Cortez, could you please give your name and your address to the court reporter. A My name is Eleanor A. Cortez. I live at 820 Lisburn Road, Apartment 813, Camp Hill, 17011. Q Thank you. And, Mrs. Cortez, could you tell the Court why you are here today, please. A I am here mainly as moral support. All of us who have been in association with, as we call her, 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . ~" - .f.,.:!." ~.,,<. ,l"--'; - . -,..,,':-:":; o . Catherine admire her integrity, her willingness to work to learn English, to want to be with us and to socialize, and it's as though she was under some kind of oppression, that she was not a happy camper. Q Mrs. Cortez, did you see Weij on January 18th? A No. Q Prior to January 18th, did you ever see anything that troubled you about Weij? A I saw quite a few things that troubled me, but the main thing was a bruise on her leg. And it was not something that she intentionally showed me. It was an observation on my part, and I mentioned to other tenants, a very bias remark, is he abusing her. Q I know it's difficult to remember when this may have been. Weij was there from November through January so it was a short period of time. Do you have any idea if it could have been before Christmas, after Christmas, after New Year's? A It was sometime in relation to when their New Year's was coming because she was in a very depressed stage at that time. She was missing her mother. She was missing her child, and she was crying. And I think that was the date that I saw her down in the lobby. I was sitting and she was standing. 52 -~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . - 1,".-.., ~- .. ..=~~~,J~~~~ ~~ o . Q And since I'm not familiar, do you have any idea when their New Year's is? A I have not the foggiest. MR. KARPO: I can offer that it does occur after our New Year's. MS. MURPHY: Thank you. BY MS. MURPHY: Q Did Weij ever say anything to you about her relationship with her husband or her fears or anything of that nature? A No, she never said it directly. There are just innuendos. There is body language, things like when New Year's Eve when she was sitting beside Doris it was like cringing behind her to shield herself. As I said, it's just something I observed. MS. MURPHY: Thank you, Mrs. Cortez. I have no further questions. THE COURT: Cross-examine. CROSS EXAMINATION BY MR. KARPO: Q You testified that the plaintiff showed a strong desire to socialize. A Oh, yes. She was very social. Everyone liked her. Q And was she often in the common area until 53 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~" ~ "''' ,'"-, "'1'\ ~. I~-- -- - ,., '~'-';"-,~-"~-' "'; ",y-- 'fl'-,t,.;..--., o . 5 Q time? A Q English? A possible. Q I tried to speak with her as much as Sometimes I would see her in the library. Were you able to speak with the plaintiff in When you saw this bruise, you said she didn't intend to show it to you? A issue of it. Q A down. Q A No, and I didn't become obvious and make an How is it that you did see this bruise? It was she had a skirt on and I looked So the skirt was lifted? Yeah, the skirt. It was a button skirt at the front, and you know how it parts when it gets down by the ankle, okay. Q Do you remember was that, like, a few days before this January 18th incident? A I have no recollection really of time and date. 54 -E,;;:'<4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,"~'- ,-. ,..sl '"' -, <<'. - -"- -, ' "',_I : -1iIIi:,r":~.-- , - -~.- "~"-:;ii o o MR. KARPO: THE COURT: MS. MURPHY: Thank you. Nothing further. Anything else? I have nothing further, Your Honor. THE COURT: Ma'am, you are excused. THE WITNESS: Thank you. MS. MURPHY: We have no other witnesses, Your Honor. THE COURT: Any further witnesses? MR. KARPO: No, Your Honor. THE COURT: The record is closed. MR. KARPO: Your Honor, I would like the court to take judicial notice -- I have an excerpt here. THE COURT: Stay on the record. You want to make an offer? MR. KARPO: Yes, I would like to offer this is a photocopy of an immigration book, and it describes the battered spouse exception for getting a green card. I would just -- for the Court's education. THE COURT: I can take judicial notice of it. YOU are telling me this is a general synopsis of the immigration law? MR. KARPO: Yes, Your Honor. THE COURT: We won't put that in the record, but you may submit it to me and give me the information as 55 ,'- " . ,,}I .'1 ~ :,x;;" .~. '. C-""""-'\it , o . 1 to where I can find it. 2 MR. KARPO: All right. 3 THE COURT: So the record is closed. Now we 4 will have argument off the record. 5 (Whereupon, argument was held off the 6 record. ) 7 THE COURT: I will take the case under 8 advisement, and I will have an order down by not later than 9 tomorrow. We will send copies of the order to counsel. 10 Well presented, counsel. Thank you. 11 (Whereupon, the hearing was concluded 12 at 1:50 p.m.) 13 14 15 16 17 18 19 20 21 22 23 24 25 56 ~ ' ,,- ~...: i-_L -'-"d_ ,,; -" " - -~F o o 1 CERTIFICATION 2 I hereby certify that the proceedings are 3 contained fully and accurately in the notes taken by me on 4 the above cause and that this is a correct transcript of 5 same. 6 7 Pamela R. Sheaffer 8 Official Court Reporte 9 ----------------------------- 10 The foregoing record of the proceedings on 11 the hearing of the within matter is hereby approved and 12 directed to be filed. 15 Edgar Ninth District \ 13 14 . Date 16 17 18 19 20 21 22 23 24 25 57