Anima, S. v. Watkins, K.
CourtSuperior Court of Pennsylvania
Date FiledOctober 20, 2026
Docket423 MDA 2026
JudgeBender
StatusUnpublished
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Full Opinion
J-A20033-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
SAUDA ISLAM ANIMA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
KWAME WATKINS :
:
Appellant : No. 423 MDA 2026
Appeal from the Order Entered February 4, 2026
In the Court of Common Pleas of Centre County
Civil Division at No: 2026-CV-0167-PR
BEFORE: LAZARUS, P.J., STABILE, J., and BENDER, P.J.E.
MEMORANDUM BY BENDER, P.J.E.: FILED: OCTOBER 20, 2026
Kwame Watkins (Appellant) appeals pro se from the order granting the
petition filed by Sauda Islam Anima (Mother) pursuant to the Protection from
Abuse (PFA) Act, 23 Pa.C.S. §§ 6101-6122. After careful review, we affirm.
Mother filed the underlying PFA petition on January 21, 2026. The trial
court entered an order granting temporary relief that same day and held
evidentiary hearings on January 29 and February 4, 2026. Mother was
represented by counsel, who presented testimony from Mother and Mother’s
friend, Rosanny Reyes. Father appeared pro se and testified in opposition to
the petition.
Mother testified that she and Appellant had been in a long-term romantic
relationship and were the parents of three children: E.W., age 10; F.W., age
3; and G.W., age 1. N.T., 1/29/26, at 11-12. Mother stated that Appellant
had “always been controlling” and she “did exactly as he said.” Id. at 13.
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Mother also testified that “for many years” she was scared and intimidated by
Appellant. See id.
Mother described the incident that prompted her to file the PFA petition
as follows:
On January 20th, [2026], 7:30 p.m., I heard [G.W.] crying. I was
alarmed, so I went upstairs to just pick her up and console her.
[Appellant] did not want to hand her over to me and eventually it
got to a point where he picked me up by my throat and slammed
me against the wall.
Id. at 13-14. Mother testified that this was the first time Appellant had
physically assaulted her, and as a result, she “called the police immediately.”
Id. at 15. She explained that in the “weeks leading up to that physical assault”
she had talked to Appellant about ending their relationship and Appellant had
“been telling me to go die; go die, bitch. Earlier that morning he threatened
to throw me out of our second-floor window.” Id. at 15-16. According to
Mother, Appellant’s behavior had “gotten more volatile, more erratic” and
“he’s just not who he used to be anymore.” Id. at 24. She stated, “from
what I understand, when a man puts his hands on you, if he [does] it once,
he will do it … again.” Id. at 25.
Ms. Reyes testified next.1 She stated that she and Mother met “over a
decade ago … through a mom’s group,” and that she also knew Appellant. Id.
____________________________________________
1 Mother’s counsel explained that Ms. Reyes “would only be available by
phone.” Id. at 43. When the trial court asked Appellant if he had “any
objection to the telephone testimony,” Appellant replied, “I do not, Your
Honor.” Id. at 44.
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at 46. Ms. Reyes relayed that on January 20, 2026, Mother text messaged
her that Appellant had “slammed her up against the wall,” and Mother “and
the children were scared and locked themselves in a bedroom.” Id. Ms. Reyes
testified that she called Mother. Ms. Reyes stated:
I said would you like me to come? … Would you like me to come
over and get you and the kids so that you’re feeling safe? And
she was kind of hesitant. And then she asked [E.W.], do you feel
good here? We can stay home or do you want to go with Auntie
Rosanny, which is what they call me. And [E.W.] said I’m scared,
I want to go with Auntie Rosanny.
So my husband and I talked, got our kids somewhere safe,
because we also have children, and then drove to [Mother and
Appellant’s] house.
Id. at 47.
Ms. Reyes stated that when she arrived at Mother’s home, she observed
Mother to be “really scared” and “very, very scared.” Id. at 49. Ms. Reyes
testified that after she and her husband brought Mother and her children to
their home, she “didn’t see [Mother’s] injuries until the following morning.”
Id. at 48. Ms. Reyes explained:
It looked like she had a scrape almost, or a bruise on where an
Adam’s apple would be on a guy, more towards the right, and then
it looked like a fingerprint or nail marks on the right side of her
neck, and on the back of her neck, on the right side, again, there
was a golf [ball] size lump.
Id.
Appellant contradicted the testimony of Mother and Ms. Reyes. He
stated that on the evening of the incident, Mother was “just getting dramatic.”
Id. at 81. He described Mother as “on me like I’m some sort of … kidnapper”
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and “pulling on me.” Id. at 82. According to Appellant, Mother “took that
opportunity to slam herself into the wall.” Id. at 83. However, when Mother’s
counsel asked Appellant on cross-examination if his “body came into contact”
with Mother, Appellant said he was “pretty sure” it did, and he was “certain
that it did, yes.” Id. at 108.
Appellant also testified that on the night of the incident, E.W. was
“crying” and Appellant did not want E.W. “to see real violence” or “see fake
violence.” Id. at 84. Appellant said that he told E.W. that “mommy must
have slipped or something.” Id. at 85. Appellant recounted going downstairs,
where Mother was on the phone with police, and described “raising my voice
to speak to the person on the phone also.” Id. at 86. Appellant stated, “this
was a mission from the beginning.” Id. at 101.
Appellant attempted to introduce two videos he recorded of Mother on
his cell phone, on December 31, 2025, and January 4, 2026, “that
demonstrate my conduct when being confronted with conflict” by Mother. Id.
at 111-14. Although the trial court watched the videos, the court
subsequently sustained Mother’s objection to the videos based on relevancy.
Id. at 115. The court advised Appellant, “if you have video footage from [the
incident on] January 20th, we’re going to continue this case to another date.”
Id. at 116. After Appellant said, “I do have video from that day,” the court
remarked that it “was a little late to be letting me know” but “we’re going to
be getting a new hearing date for you” to present video evidence from the
January 20, 2026 incident. Id. at 118-19.
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The trial court scheduled a second day of hearing for February 4, 2026.
When the hearing began, Appellant advised the court that he would not be
offering video evidence but asked “to offer additional testimony.” N.T.,
2/4/26, at 3-4. Appellant stated that he “never abused any person” and “the
protection from abuse order is not necessary.” Id. at 6-7. He maintained
that Mother wanted to separate “and she does not want me to be near her.
She wants me out of the house.” Id. at 18.
After hearing the testimony and the parties’ closing arguments, the trial
court stated that it found Mother had met her burden of proof and “there’s
going to be a PFA [order] because I’m going to grant the PFA [petition].” Id.
at 41. The court entered a final PFA order which, inter alia, excludes Appellant
from Mother’s residence and prohibits Appellant from contacting Mother for a
three-year period.2
On February 26, 2026, Appellant filed a notice of appeal, followed by a
court-ordered Pa.R.A.P. 1925 concise statement of errors on March 23, 2026.
See In re K.T.E.L., 983 A.2d 745, 747 n.1 (Pa. Super. 2009) (finding an
appellant’s failure to file a simultaneous concise statement did not result in
waiver where the appellant filed a late concise statement and there was no
allegation of prejudice from the filing).
____________________________________________
2 The order grants Mother primary physical custody of the parties’ children
subject to Appellant’s partial physical custody, and states that the parties may
“file a custody action to resolve the issues regarding custody.” Order, 2/4/26,
at 3. In addition, the court verbally advised that “final PFA[ orders] are always
temporary, [and both parties] have the right to … file a custody action.” N.T.,
1/29/26, at 9.
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Appellant presents the following questions for review:
1. Whether the trial court erred and/or abused its discretion by
permitting cross-examination of Appellant concerning video
evidence that was never formally admitted into the evidentiary
record, never preserved for appellate review, and never captured
in the hearing transcript, thereby creating an incomplete record
that prevents meaningful appellate review?
2. Whether the trial court erred and/or abused its discretion by
allowing [Mother’s] telephone witness testimony to be presented
through the courtroom microphone system and fully captured in
the official transcript, while Appellant’s video evidence was viewed
privately at the bench and not preserved in the record, resulting
in fundamentally unequal treatment of evidence?
3. Whether the trial court erred in finding [Mother] met her burden
of proving abuse by a preponderance of the evidence where the
record contains significant credibility concerns, [Mother’s] own
witness testified that police were unable to file an emergency PFA
because there was insufficient evidence on the night of the alleged
incident, and the allegation that Appellant lifted [Mother] by the
throat and slammed her against a wall while simultaneously
holding an infant raises substantial questions regarding physical
feasibility?
4. Whether the trial court gave unreasonable weight to the
testimony of Rosanny Reyes regarding injuries she claims to have
observed the morning after the alleged incident, where Reyes was
not present during the alleged incident, where Reyes herself
testified that [Mother] reported to her that police were unable to
file an emergency PFA because there was insufficient evidence on
the night in question?
5. Whether the trial court erred and/or abused its discretion by
failing to meaningfully address the inconsistency between
[Mother’s] serious allegations of abuse regarding the minor
children as set forth in her petition, and her early stated intention
to remove those same children as protected parties from the final
order?
Appellant’s Brief at 4-6.
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This Court reviews a PFA order for an error of law or an abuse of
discretion. Kaur v. Singh, 259 A.3d 505, 509 (Pa. Super. 2021). We have
explained:
A trial court does not abuse its discretion for a mere error of
judgment; rather, an abuse of discretion occurs where the
judgment is manifestly unreasonable or where the law is not
applied or where the record shows that the action is a result of
partiality, prejudice, bias, or ill will. Moreover, on appeal, this
Court will defer to the credibility determinations of the trial court
as to witnesses who appeared before it. It is well-settled that the
trier of fact while passing upon the credibility of witnesses and the
weight of the evidence produced, is free to believe all, part or none
of the evidence. Finally, we review the evidence of record in the
light most favorable to, and grant all reasonable inferences to, the
party that prevailed before the PFA court.
Id. (citations and quotation marks omitted).
In his first issue, Appellant claims the trial court impermissibly permitted
him to be cross-examined about the two cell phone videos which the trial court
found to be irrelevant and inadmissible. This issue is waived due to Appellant’s
failure to raise it during the hearing. See Pa.R.A.P. 302(a) (stating that issues
“not raised in the trial court are waived and cannot be raised for the first time
on appeal.”).
Waiver notwithstanding, the trial court observed,
the Pennsylvania Rules of Evidence place “control of the mode and
order of examining witnesses” within the discretion of the trial
judge. See Pa.R.E. 611(a). That control should be exercised to
make the mode and order “effective for determining the truth.”
Id. At the hearing on February 4, 2026, [Mother’s] counsel was
permitted to question [Appellant] regarding the circumstances
involved in the December 31, 2025 video footage, as she had not
previously been given the opportunity to do so. Her questions
were limited in nature and appear to have been geared toward
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providing context for the scene that had played out in
[Appellant’s] video. To the extent this issue is not waived
altogether, the [c]ourt submits that it lacks merit.
Trial Court Opinion (TCO), 4/23/26, at 4-5.
We agree with the trial court. After the court watched the videos,
Mother’s counsel asserted that they were “irrelevant for today’s purposes.”
N.T., 1/29/26, at 115. The court agreed that “these are irrelevant,” and added
that it “got the flavor of … the nine-minute-and-something-second video that
we just watched.” Id. We discern no error in the court permitting counsel to
cross-examine Appellant about the videos, as the court had the discretion to
allow the questioning and did so because counsel’s questions “were limited in
nature and … geared toward providing context.” TCO at 5 (citing Pa.R.E. 611).
Appellant’s second issue concerning the admissibility of Ms. Reyes’
testimony is also waived. Appellant challenges the admission of Ms. Reyes’
testimony “through the courtroom microphone system and fully captured in
the official transcript.” Appellant’s Brief at 4. As noted above, Appellant
stated that he had no objection to Ms. Reyes testifying by telephone. See
N.T., 1/29/26, at 44; Pa.R.E. 103(a)(1)(A) (providing that a party challenging
the admission of evidence must make a timely objection on the record). To
the extent Appellant claims that his cellphone videos, like Ms. Reyes’
testimony, should have been transcribed, Appellant disregards that he “did
not have the videos prepared to be displayed on a monitor, such as a flash
drive or similar storage device, but, rather, asked the [c]ourt to view the
videos on his cell phone.” TCO at 4.
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In his third, fourth and fifth issues, Appellant claims the evidence was
insufficient for the trial court to find that Mother met her burden of proving
abuse. In his third issue, Appellant states that Mother’s “account is
uncorroborated, where the contemporaneous police response resulted in no
arrest, no emergency PFA, and no documented injuries, where substantial
questions regarding physical feasibility exist, and where the petition and trial
testimony are internally inconsistent.” Appellant’s Brief at 23. In his fourth
issue, Appellant argues the trial court “gave unreasonable weight to the
testimony of Rosanny Reyes.” Id. at 27. Finally, in his fifth issue, Appellant
impugns the trial court’s assessment of “the inconsistency between [Mother’s]
allegations regarding the parties’ children and her decision to remove them as
protected parties” in the PFA petition. Id. at 29. Appellant’s claims fail
because “we defer to the trial court’s credibility determinations, and we are
not entitled to re-weigh the evidence.” K.B. v. Tinsley, 208 A.3d 123, 129
(Pa. Super. 2019) (citation omitted).
The PFA Act “does not seek to determine criminal culpability,” and a
petitioner “is not required to establish abuse occurred beyond a reasonable
doubt, but only to establish it by a preponderance of the evidence.” Bhatia
v. Fernandez, 319 A.3d 517, 520 (Pa. Super. 2024) (citation omitted).
“Notably, ‘the purpose of the PFA Act is to protect victims of domestic violence
from those who perpetrate such abuse, with the primary goal of advance
prevention of physical and sexual abuse.’” Id.
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Section 6102(a) of the PFA Act contains five definitions of abuse. Here,
the trial court found:
Most pertinent to the instant case are paragraphs 1 and 2 of
section 6102(a), which define abuse as:
(1) Attempting to cause or intentionally, knowingly or
recklessly causing bodily injury . . .
(2) Placing another in reasonable fear of imminent serious
bodily injury.
TCO at 1. The trial court explained:
As to paragraph 6102(a)(1), the [c]ourt found [Mother’s]
testimony credible and did not credit [Appellant’s] testimony that
he had not assaulted [Mother] on January 20, 2026, by picking
her up by her neck and slamming her into a wall. That [Appellant]
was attempting to cause her bodily harm in that instance can be
fairly inferred from the conduct and surrounding circumstances.
The [c]ourt also determined [Mother] had proven abuse as defined
under paragraph 6102(a)(2). The credible evidence established
that in the weeks leading up the January 20, 2026 incident,
[Appellant] told [Mother] to “go die,” and he threated to throw her
out a window that very morning. Things escalated later that
evening when [Appellant] picked [Mother] up by the neck and
slammed her into a wall while holding the parties’ youngest child
and as the other two children stood by. A PFA plaintiff need not
prove actual injury to succeed on a claim; the proof required is
that the plaintiff had a reasonable fear of imminent serious bodily
injury. Clearly, [Mother] her burden in this respect through her
credible testimony.
Id. at 3.
The trial court did not err or abuse its discretion, as the record provides
ample evidence to support the entry of the PFA order.
Order affirmed.
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Judgment Entered.
Benjamin D. Kohler, Esq.
Prothonotary
Date: 10/20/2026
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