1

1 IN JUDGE GEORGELIS OF COMMON PLEAS

LANCASTER COUNTY, PENNSYLVANIA 2 CRIMINAL 3

4 _______________________________ : 5 COMMONWEALTH OF PENNSYLVANIA :

: 6 VS. : NO. 36 SA-0000158-07 : 7 STANLEY J. CATERBONE :

_______________________________: 8 9

10 SUMMARY APPEAL HEARING 11

12 Before: HONORABLE MICHAEL A. GEORGELIS, S.J. 13 Date : October 22, 2007

14 Place : Courtroom No. 4 Lancaster County Courthouse15 50 North Duke Street

Lancaster, Pennsylvania16 17

18 APPEARANCES: 19 ANTHONY J. GONZALEZ, ESQUIRE

Assistant District Attorney20 For - Commonwealth of Pennsylvania 21

STANELY J. CATERBONE, Pro Se22 23

24 25 ORDERED: 10-22-07 LODGED:_________ FILED:________

2

1 EXAMINATION INDEX

2 OFF. THOMAS GJURICH

3 DIRECT BY MR. GONZALEZ . . . . . . . . 3 CROSS BY MR. CATERBONE . . . . . . . . 5 4 REDIRECT BY MR. GONZALEZ . . . . . . . 16

5 STANLEY CATERBONE BY . . . . . . . . . . . . . . . . . . 18 6

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1 P R O C E E D I N G S 9:25 a.m.

2 3 MR. GONZALEZ: Your Honor, docket number 158 of

4 2007.

5 Commonwealth calls Officer Gjurich to the stand.

6 OFF. THOMAS GJURICH, called as a witness, having been duly sworn or affirmed, 7 was examined and testified as follows:

8 DIRECT EXAMINATION 9 BY MR. GONZALEZ:

10 Q. Good morning.

11 A. Good morning.

12 Q. Please tell us your name and spell your last name

13 for JUDGE GEORGELIS reporter.

14 A. My name is Officer Thomas Gjurich, G-J-U-R-I-C-H.

15 Q. Officer Gjurich, how are you currently employed?

16 A. I'm a police officer with the City of Lancaster.

17 Q. Were you so employed and on duty August 4th of

18 2006 around 3:00 in the afternoon?

19 A. Yes, sir, I was.

20 Q. What were your duties that day?

21 A. That day I was attending a summary parking ticket

22 hearing at Judge Simms' office at 301 North Queen Street.

23 Q. Is that within your area of primary jurisdiction?

24 A. It is.

25 Q. And could you tell us what, if anything, out of

4

1 the ordinary occurred during those hearings?

2 A. Generally with the parking ticket hearings, I

3 generally deal with the defendant and make an effort to

4 remedy the situation, so to speak, prior to having a

5 hearing.

6 The Judge is also in the courtroom at that time.

7 The defendant, Mr. Caterbone, sitting there at the defense

8 table in the suit --

9 MR. GONZALEZ: Your Honor, if the record could

10 reflect he has identified the defendant?

11 JUDGE GEORGELIS: It may.

12 THE WITNESS (GJURICH): He had a summary appeals -- or

13 summary hearing for parking ticket violations.

14 Prior to even the hearing getting started,

15 Mr. Caterbone was argumentative with the Judge to the

16 point that Judge Simms requested that Mr. Caterbone be

17 taken into custody and removed from JUDGE GEORGELISroom.

18 BY MR. GONZALEZ:

19 Q. When you say argumentative, how was the defendant

20 acting?

21 A. Judge Simms began to explain to Mr. Caterbone

22 about the hearing process and Mr. Caterbone began to argue

23 points of law with the judge. And according to

24 Mr. Caterbone it was over pretty much the Rules of

25 Criminal Procedure, if I remember the argument correctly.

5

1 Mr. Caterbone became very argumentative and loud,

2 debating the Rules of Criminal Procedure with Judge

3 Simms. At one point he did, in fact, tell the Judge he

4 was stupid.

5 Q. Now, when you say he became loud, argumentative,

6 was he yelling, was this --

7 A. Yes, sir. He was becoming very loud,

8 argumentative.

9 Q. Did this cause a response -- were there other

10 people in JUDGE GEORGELISroom at this time?

11 A. There were other people in JUDGE GEORGELISroom. There

12 were other people outside of JUDGE GEORGELISroom who could hear

13 the disturbance as well.

14 Q. And as a result of this, did you file a charge

15 against the defendant?

16 A. I did. I filed a charge of misdemeanor of the

17 third degree, disorderly conduct, a summons to be sent to

18 Mr. Caterbone.

19 Q. At some point that was reduced to a summary?

20 A. To my knowledge, yes, sir, it was.

21 MR. GONZALEZ: No other questions, Your Honor.

22 JUDGE GEORGELIS: All right. You may cross examine.

23 CROSS EXAMINATION

24 BY MR. CATERBONE:

25 Q. Mr. Gjurich, would you please provide the docket

6

1 number for the parking ticket charge that you say there

2 was a hearing for that day?

3 A. I don't have that information here with me,

4 Mr. Caterbone.

5 Q. It is not true, there was no parking ticket

6 hearing that day.

7 A. That's because you interrupted the Judge prior to

8 the hearing starting, Mr. Caterbone.

9 Q. Excuse me. Was there a hearing scheduled for

10 parking tickets on the day of the incident?

11 A. Yes, sir.

12 Q. Would you please provide the docket number and

13 proof?

14 A. I don't have that information with me today,

15 Mr. Caterbone.

16 Q. Isn't it true there was another officer in that

17 court with you?

18 A. Yes, sir.

19 Q. And what was his name?

20 A. That would have been Officer Hershiser.

21 Q. What was he there for?

22 A. That -- I have no idea. He had a separate case.

23 Q. Isn't it true you weren't even on the docket?

24 A. No, sir, I was.

25 Q. Would you please provide proof to JUDGE GEORGELIS?

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1 MR. GONZALEZ: Your Honor, that's been asked

2 multiple times. And, frankly, it's irrelevant that there

3 was proof --

4 JUDGE GEORGELIS: Wait a minute. You're asking if he

5 was there?

6 MR. CATERBONE: No, Your Honor. I was not

7 scheduled for --

8 JUDGE GEORGELIS: Stand when you're addressing the

9 Court, please.

10 MR. CATERBONE: Your Honor, I was scheduled for a

11 hearing --

12 JUDGE GEORGELIS: Don't testify. You'll be able to do

13 that on your own.

14 What was the question you just asked him?

15 MR. CATERBONE: There was no hearing that day

16 scheduled for parking ticket violations.

17 JUDGE GEORGELIS: Well, he has just said that there

18 was. So you may not -- that may not be the answer you

19 want, but that's his testimony under oath.

20 If you want to provide evidence to rebut that,

21 JUDGE GEORGELIS will have to consider it. But this officer has

22 said there was, you disagree. JUDGE GEORGELIS will have to

23 decide who's credible.

24 So ask the next question.

25 BY MR. CATERBONE:

8

1 Q. What was the other officer's name? I'm sorry.

2 A. Officer Hershiser.

3 Q. Was Officer Hershiser your witness?

4 A. He was listed as a witness, yes, sir.

5 Q. For a parking ticket violation?

6 A. No, sir.

7 Q. What was he a witness for?

8 A. Are we back to the parking ticket?

9 Q. I'm trying to ascertain what that other officer

10 was doing in that courtroom.

11 MR. GONZALEZ: Your Honor --

12 JUDGE GEORGELIS: Hold on a second. He's already

13 answered that. He's told you that he doesn't know why

14 Officer Hershiser was there. So ask another question.

15 BY MR. CATERBONE:

16 Q. Isn't it true that Officer Hershiser was there

17 because he was scheduled for that hearing?

18 MR. GONZALEZ: Objection, Your Honor. Again,

19 we're going over the same thing that has been asked and

20 answered.

21 JUDGE GEORGELIS: Sit down. Go ahead and answer the

22 question one more time, Officer.

23 THE WITNESS (GJURICH): I have no idea why Officer

24 Hershiser was there. His case was separate from mine.

25 BY MR. CATERBONE:

9

1 Q. Isn't it true that I had made phone calls to you

2 prior to that hearing regarding parking ticket violations?

3 A. You may have, sir.

4 Q. Didn't you testify on that day in front of Simms

5 before we started the hearing that I called you?

6 A. Okay. I don't have any recollection of that,

7 Mr. Caterbone.

8 Q. Is it true that we had a conference in District

9 Justice Simms' office, in his conference room, prior to

10 entering that courtroom?

11 A. Yes, sir, we did.

12 Q. Would you please go over that conference? Would

13 you please describe what we talked about?

14 A. Okay. Basically what had happened, sir, you had

15 outstanding parking tickets. What I suggested to you in a

16 way to solve the situation, or prior to having a hearing

17 is, I would be willing to knock them down to the original

18 cost in exchange for withdrawing the prosecutions from the

19 Judge's office.

20 At that point he related, no, he would rather

21 have the hearing before the Judge, which is what we

22 proceeded to attempt to do.

23 Q. Are you telling the truth?

24 A. Yes, sir. And I take that as a personal insult

25 for you to question my integrity at this point, sir.

10

1 Q. Isn't it true that the conversation that I had

2 with Detective Simms -- with District Justice Simms had to

3 do with whether I was in Chapter 11 bankruptcy or not?

4 Had nothing to do with criminal procedure.

5 A. I can't -- I have no recollection as to --

6 Mr. Caterbone, you were all over the board when you were

7 arguing with Mr. -- or Judge Simms.

8 Q. Would you please describe some of the arguments?

9 A. You brought up a point of criminal procedure,

10 sir.

11 Q. Regarding what?

12 A. As one of the things -- I can't remember what you

13 were arguing about at that point.

14 Q. So you don't remember anything regarding the

15 argument?

16 A. Other than the fact of being loud, argumentative

17 and not letting the Judge proceed within his own

18 courtroom, sir, no.

19 Q. Were you under oath?

20 A. I'm sorry?

21 Q. Were you sworn in?

22 A. At which point?

23 JUDGE GEORGELIS: Are you asking him here or there?

24 BY MR. CATERBONE:

25 Q. At the District Justice level.

11

1 A. No, sir.

2 Q. Did the hearing start?

3 A. We didn't have a chance to get started, sir,

4 before you started to argue with the Judge.

5 Q. Are you a member of the Fraternal Order of

6 Police?

7 MR. GONZALEZ: Objection, Your Honor. What

8 relevance --

9 JUDGE GEORGELIS: I'm going to permit it. The

10 objection is overruled.

11 THE WITNESS (GJURICH): Yes, I am.

12 BY MR. CATERBONE:

13 Q. Is Chief Fiorill president of the Red Rose

14 chapter?

15 A. Yes, he is.

16 Q. Have you ever had discussions with Chief Fiorill

17 regarding myself, my situation, my lawsuits, my

18 litigation?

19 A. No, sir, I have not.

20 Q. Do you know when the last time you spoke to Chief

21 Fiorill is?

22 A. I haven't seen Chief Fiorill in months, if not

23 close to a year.

24 Q. Could you please tell JUDGE GEORGELIS how many parking

25 ticket violations you've dismissed --

12

1 JUDGE GEORGELIS: Wait a minute. Yes, what?

2 MR. GONZALEZ: It's irrelevant, Your Honor.

3 JUDGE GEORGELIS: How is this relevant, Mr. Caterbone?

4 MR. CATERBONE: Because --

5 JUDGE GEORGELIS: You should stand when addressing the

6 Court.

7 MR. CATERBONE: I'm sorry. There was no hearing

8 for parking tickets that day.

9 JUDGE GEORGELIS: He -- Mr. Caterbone, he is testifying

10 there was.

11 Now, if you disagree with that, obviously you can

12 testify or you can call witnesses to rebut it.

13 JUDGE GEORGELIS will deal and decide which is credible

14 testimony. But he's already answered that.

15 MR. CATERBONE: I can't ask him how many parking

16 ticket violations he's dismissed?

17 JUDGE GEORGELIS: How is that relevant to this case?

18 MR. CATERBONE: Because I'm trying to -- I'm

19 trying to provide proof that there was no hearing

20 scheduled for any parking --

21 JUDGE GEORGELIS: How does that tend to prove that

22 there was no hearing? You're talking about parking

23 tickets against you that were dismissed or against

24 everybody?

25 MR. CATERBONE: No, myself.

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1 JUDGE GEORGELIS: You're asking how many tickets were

2 dismissed against you when?

3 MR. CATERBONE: He's dismissed --

4 JUDGE GEORGELIS: I'm asking you what you're asking.

5 MR. CATERBONE: They were dismissed this past

6 spring.

7 JUDGE GEORGELIS: How is that relevant to this case?

8 MR. CATERBONE: Because I'm trying to provide

9 proof that there was no hearing scheduled that day.

10 JUDGE GEORGELIS: And how does that question or its

11 potential answer tend to prove that there was no hearing?

12 MR. CATERBONE: I guess JUDGE GEORGELIS is putting me

13 in a position of proving a negative.

14 JUDGE GEORGELIS: No. No, I'm not putting you in any

15 position, Mr. Caterbone. The test for relevance is tends

16 to prove something.

17 Let's say, for example, he dismissed a hundred

18 parking tickets against you in the spring, as you're

19 saying he may have.

20 How is that relevant to whether or not there was

21 a hearing that day for tickets?

22 MR. CATERBONE: Because I'm trying to determine

23 what docket number --

24 JUDGE GEORGELIS: He's told you he doesn't know the

25 docket numbers.

14

1 MR. CATERBONE: Okay. Thank you.

2 JUDGE GEORGELIS: So the objection is sustained.

3 Ask another question.

4 BY MR. CATERBONE:

5 Q. Is it common for another police officer to be

6 present at the prosecution table that has nothing to do

7 with the case?

8 A. I'm not sure --

9 Q. You testified that Officer Hershberger [sic]?

10 A. Hershiser.

11 Q. Hershiser was at the prosecution table with you?

12 A. That's true.

13 Q. And you don't know why he was there?

14 A. I would imagine he also had a separate case with

15 you, Mr. Caterbone. At times a lot of the District

16 Justices, in an effort to save time, will piggyback, if

17 you will, my hearings along with the regular officer.

18 JUDGE GEORGELIS: Mr. Caterbone, you asked him a

19 question, let him finish the answer.

20 Go ahead, Officer.

21 THE WITNESS (GJURICH): As far as I know, Officer Hershiser

22 may have had a hearing with you. I don't know. A lot of

23 the times some of the judges' offices schedule regular

24 hearings, along with my parking hearings. I have to

25 testify to my part of it when it comes to the parking

15

1 violations.

2 I don't know why Officer Hershiser was there. He

3 may have been dealing with you, but I don't know that.

4 Q. Isn't it courtroom procedure to sit in the back

5 like this officer is to await his hearing?

6 A. Entirely possible. I don't know what you're

7 getting at with JUDGE GEORGELISroom procedure, sir. He can sit

8 at the prosecution table as long as he has a hearing to

9 testify to at the District Justice level. He would not

10 have had any relevance on my hearing.

11 Q. Then why was he at the prosecution table if he's

12 not prosecuting the case and he's not a witness?

13 MR. GONZALEZ: Objection, Your Honor. I think he

14 answered that about three times now.

15 JUDGE GEORGELIS: Sustained.

16 MR. CATERBONE: I ask JUDGE GEORGELIS to bear with me.

17 I'm reviewing notes, Your Honor.

18 JUDGE GEORGELIS: Of course.

19 BY MR. CATERBONE:

20 Q. Isn't it true that Officer Hershiser and District

21 Justice Simms testified at the lower court level?

22 A. I don't believe Officer Hershiser did. I believe

23 Judge Simms did.

24 Q. What other officer testified?

25 A. Myself.

16

1 Q. And no one else?

2 A. No, sir.

3 Q. Isn't it true that you were a defendant on a

4 federal lawsuit of mine?

5 MR. GONZALEZ: Objection, Your Honor. The

6 relevance?

7 JUDGE GEORGELIS: He's, I think, trying to establish

8 credibility, so I'm going to permit it.

9 The objection is overruled.

10 THE WITNESS (GJURICH): Yes, I was.

11 BY MR. CATERBONE:

12 Q. And we had discussions about that?

13 A. Yes, we did.

14 Q. And I removed you from the defendants' list?

15 A. Yes, you did.

16 Q. Were you ever served that complaint?

17 A. I believe I was, yes, sir.

18 MR. CATERBONE: No further questions, Your Honor.

19 JUDGE GEORGELIS: All right. Redirect?

20 MR. GONZALEZ: Just one, Your Honor. Thank you.

21 REDIRECT EXAMINATION 22 BY MR. GONZALEZ:

23 Q. Officer, the fact that you were named in a suit

24 by Mr. Caterbone, did that affect your decision on this

25 date and time about whether or not to charge him?

17

1 A. No, sir, it did not.

2 MR. GONZALEZ: Thank you. No other questions.

3 JUDGE GEORGELIS: All right. Recross?

4 MR. CATERBONE: No questions, Your Honor.

5 JUDGE GEORGELIS: All right. Officer, you may step

6 down.

7 (Witness excused.)

8 MR. GONZALEZ: No further testimony from the

9 Commonwealth, Your Honor.

10 The Commonwealth rests.

11 JUDGE GEORGELIS: All right. Mr. Caterbone?

12 MR. CATERBONE: Your Honor, I have a question.

13 JUDGE GEORGELIS: Yes.

14 MR. CATERBONE: Isn't JUDGE GEORGELIS supposed to

15 provide WiFi internet access?

16 JUDGE GEORGELIS: Not that I'm aware of. For what

17 purpose?

18 MR. CATERBONE: Well, I wanted to get the docket

19 to prove that there was no hearing for parking tickets

20 that day.

21 JUDGE GEORGELIS: That's not JUDGE GEORGELIS's

22 responsibility, Mr. Caterbone. If you want to present

23 that as evidence, it's your responsibility to bring your

24 evidence to court.

25 JUDGE GEORGELIS doesn't have -- JUDGE GEORGELIS's impartial.

18

1 I can't provide you with evidence and not provide the

2 Commonwealth.

3 MR. CATERBONE: No, I thought it was court

4 procedure. In every other case that I've had when I was

5 pro se, I've had internet access, so I could access court

6 records during the trial.

7 JUDGE GEORGELIS: Well, you have your computer with

8 you.

9 MR. CATERBONE: It's turned off. The WiFi is

10 turned off in this courtroom. I just want that on the

11 record.

12 JUDGE GEORGELIS: Very well. You may testify, if you

13 wish to.

14 STANLEY CATERBONE, called as a witness, having been previously 15 duly sworn or affirmed, was questioned

and testified as follows:16 17 JUDGE GEORGELIS: Mr. Caterbone, you remain under oath

18 from the one that was administered in the previous case.

19 THE WITNESS (MR. CATERBONE): Thank you, Your Honor. I do.

20 JUDGE GEORGELIS: All right. You may present your

21 testimony in narrative-style.

22 THE WITNESS (MR. CATERBONE): Just bear with me one moment, Your

23 Honor.

24 JUDGE GEORGELIS: Of course.

25 EXAMINATION

19

1 THE WITNESS(MR. CATERBONE): Your Honor, on the day in question,

2 I had a hearing scheduled for a rubbish -- a scatter

3 rubbish upon land and stream citation issued by the

4 Officer -- I believe it was Hershiser. I'm not sure. It

5 wasn't Officer Gjurich.

6 When I arrived at the district magistrate's

7 office, Officer Gjurich wanted to have a conference with

8 me in the conference room about my outstanding parking

9 tickets and I told him that I tried to call him on two or

10 three occasions and left messages.

11 I had seen in the newspaper that anyone that had

12 outstanding parking tickets were supposed to call a phone

13 number. I guess the city police department was trying to

14 serve warrants on people or get people to pay up on their

15 parking tickets.

16 So I made -- I left two or three messages on the

17 voice mail of the phone number that was listed in the

18 newspaper and Officer Gjurich said he got my messages.

19 At that time I had no money. I was in Chapter

20 11. I was indigent. I had been granted informa pauperis

21 by this Court, Superior Court, Supreme Court of

22 Pennsylvania, the U.S. District courts and several courts

23 and I explained to him that I had no money available. I

24 only had, I think, 30 or $40 in my pocket, which was for

25 food. And I said, we can discuss this matter at a later

20

1 time. I had a hearing to prepare for. And we ended the

2 discussion in the conference room.

3 The constable -- I went and sat down. Then the

4 constable called me in. He said the hearing was about to

5 start.

6 So I went into the hearing room and District

7 Magistrate Simms was at his desk -- or his bench and at

8 the prosecution table was Officer Gjurich and Officer

9 Hershiser, if that was his name. I can't identify him who

10 it was.

11 I was explaining to District Magistrate Simms

12 that I was in U.S. District -- U.S. Bankruptcy Court for

13 the Eastern District of Pennsylvania and I provided him

14 with my case number.

15 District Magistrate Simms wanted me to prove --

16 wanted me to provide a certificate of bankruptcy and I

17 kept telling District Magistrate Simms that there was no

18 certificate of bankruptcy. And he kept telling me there

19 was and I kept telling him, I've been pro se in bankruptcy

20 for a year and a half and there's no such thing as a

21 certificate of bankruptcy.

22 I said, I can provide you with case files, with

23 orders from the bankruptcy court regarding my Chapter 11

24 bankruptcy. And I stood up and I said, I'll go out and

25 get them.

21

1 Officer Simms [sic] looked at me and he looked at

2 Officer Gjurich and he said, isn't he -- how did he say

3 it -- isn't he out of order. It had nothing to do with

4 criminal procedure.

5 I was not loud. I was not, so to speak, all over

6 the board as Officer Gjurich testified.

7 District Magistrate Simms disputed a federal

8 bankruptcy rule, which he had no knowledge of, and I stood

9 up and asked him if I could go out to my vehicle and

10 provide him with the documentation that I had regarding my

11 Chapter 11 bankruptcy, which he disputed.

12 He did not believe that I was in Chapter 11

13 bankruptcy. He looked at Officer Gjurich and he said, I

14 think he is out of order, isn't he. And Officer Gjurich

15 said, yes, I think he is, and he cited me with disorderly

16 conduct and he took me to Lancaster City Police station,

17 had me in a holding cell for three or four hours and

18 released me.

19 I didn't know what they were taking me in for or

20 anything.

21 Two or three weeks later I get a disorderly

22 conduct citation.

23 Again, on that day, there was no hearing

24 scheduled for any parking ticket violations. Officer

25 Gjurich took it upon himself to come to see me about

22

1 previous parking ticket violations.

2 The hearing that was scheduled for that day

3 before Detective Simms [sic] was on a rubbish charge and I

4 have it here, Section -- Title 18, Section 6501,

5 subsection A (1), scatter rubbish upon land, stream, et

6 cetera. And it was dismissed on January 23rd.

7 Again, there was no hearing scheduled for a

8 parking violation.

9 And that is my testimony.

10 JUDGE GEORGELIS: All right. You may cross examine.

11 MR. GONZALEZ: No, thank you, Your Honor.

12 JUDGE GEORGELIS: All right, Mr. Caterbone, you may

13 step down.

14 (Witness excused.)

15 JUDGE GEORGELIS: Anything further you wish to present?

16 MR. CATERBONE: I present the entire criminal

17 court docket of my case that proves that there was no

18 parking ticket violation hearing scheduled on that date,

19 but I can't access it here.

20 JUDGE GEORGELIS: Mr. Caterbone, whether or not you

21 were there for a rubbish violation or the parking tickets

22 is really irrelevant.

23 You aren't being cited for parking or the

24 rubbish. You're here today because you have been cited

25 for disorderly conduct.

23

1 So The Court understands what you're saying and

2 I've heard the officer's testimony, but The Court doesn't

3 consider whatever it was you were there for important in

4 its decision.

5 You've been cited for the conduct after you and

6 the magisterial district judge began to discuss.

7 I find the officer's testimony to be credible and

8 I find you guilty. And I will impose a $100 fine and

9 costs and I will tell you for this case, as I did for the

10 other, that appeals for this decision must be to the

11 Superior Court. They must be in writing and they must be

12 within 30 days of today. They can be filed in the Clerk

13 of Court's Office.

14 MR. CATERBONE: Your Honor, may I speak?

15 JUDGE GEORGELIS: Of course.

16 MR. CATERBONE: The lower court had granted me

17 time served with no fines and costs for this charge.

18 JUDGE GEORGELIS: Well, this is a de novo hearing and

19 whatever the lower court did is not before this Court.

20 This Court is free to impose any sentence.

21 This is a summary offense for which the penalty

22 is up to $300 and up to 90 days in prison. I am not

23 imposing a prison sentence, but I am imposing a $100 fine

24 and costs.

25 MR. CATERBONE: I understand. The only reason I

24

1 question that is because on the previous sentence, you had

2 referred to the lower court --

3 JUDGE GEORGELIS: I reinstated, in essence, the lower

4 court's sentence there, but in this case JUDGE GEORGELIS is

5 imposing a $100 fine and costs.

6 This hearing is concluded.

7 MR. CATERBONE: I understand. Thank you, Your

8 Honor.

9 (The proceedings concluded at 9:40 a.m.)

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2 REPORTER'S CERTIFICATE

3

4 I HEREBY CERTIFY that I was present upon the

5 hearing of the above-entitled matter and there reported

6 stenographically the proceedings had and the testimony

7 produced; and I further certify that the foregoing is a

8 true and correct transcript of my said stenographic notes.

9 In testimony whereof, I have hereunto subscribed

10 my hand this 29th day of October 2007.

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13 _______________________ JOYCE A. WISE, RMR14 Official Court Reporter

15 16 AND NOW, _________________,____________, this

17 transcript is approved and ordered to be filed. 18

19 _______________________ MICHAEL A. GEORGELIS, S.J.20

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