HomeMy WebLinkAbout00-03409
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BRENDA LEE STONE, : IN THE COURT OF COMMON PLEAS OF
for herself and on behalf of her minor
children: RAF AEL VAZQUEZ,
DOMINGO VAZQUEZ, III, : CUMBERLAND COUNTY, PENNSYLVANIA
LEIGHANNA MARIA VAZQUEZ, :
and RAQUEL ANN VAZQUEZ,
vs. : NO. 2000-3409 CNIL TERM
DOMINGO VAZQUEZ, II,
(AKA: DOMINGO VAZQUEZ MESSENGER):
Defendant : PROTECTION FROM ABUSE AND CUSTODY
ORDER FOR CONTINUANCE
AND NOW, this "i5 flaay of June, 2000, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on Thursday, June 8, 2000, at 9:30 a.m. by this Court's
Order of June 2, 2000, is hereby rescheduled for hearing on ~ d? I . 2000, at j: J () fJ .m.
in Courtroom No. 1 of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania.
The Temporary Protection From Abuse Order shall remain in effect pending a hearing in the
matter.
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
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Domingo Vazquez, Defendant
2075 Ritner Highway
Peiper Court, Lot 3
Carlisle, P A 17013
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BRENDA LEE STONE, : IN THE COURT OF COMMON PLEAS OF
for herself and on behalf of her minor
children: RAF AEL VAZQUEZ,
DOMINGO VAZQUEZ, III, : CUMBERLAND COUNTY, PENNSYLVANIA
LEIGHANNA MARIA VAZQUEZ, :
and RAQUEL ANN VAZQUEZ,
vs. : NO. 2000-3409 CIVIL TERM
DOMINGO VAZQUEZ, II,
(AKA: DOMINGO VAZQUEZ MESSENGER):
Defendant : PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
Plaintiff, BrendaLee Stone, by and through her attorney, Joan Carey of Legal Services, Inc.,
moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds
that:
1. A TemporlllY Protection From Abuse Order was issued by this Court on June 2, 2000,
scheduling a hearing for Jnne 8, 2000, at 9:30 a.m.
2. The Cumberland County Sheriff's Department served Defendant with a certified copy
of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at the Sheetz
Plaza convenience store located at Routes 11 and 465, Carlisle, Cumberland County, Pennsylvania,
on Jnne 2,2000, at 6:10 p.m.
3. Defendant indicated to Legal Services, Inc. staff at approximately 5:00 p.m. on
Wednesday, June 7,2000, that he desired legal representation in this matter and requested that the
hearing scheduled for June 8, 2000, at 9:30 a.m. be continued to afford Legal Services, Inc. to retain
private counsel for him through the pro bono program.
4. Plaintiff agrees that the hearing be rescheduled pending further Order in this matter.
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5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect
pending a hearing in the matter.
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 pending a hearing
in the matter.
Respectfully submitted,
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LEGAL SERVICES, 1Ne.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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BRENDA LEE STONE,
for herself and on behalf of her minor children:
RAF AEL VAZQUEZ,
DOMINGO VAZQUEZ, III,
LEIGHANNA MARIA VAZQUEZ,
RAQUEL ANN VAZQUEZ,
vs.
DOMINGO VAZQUEZ, II,
AKA: DOMINGO V AZtJEZ MESSENGER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2ooo-3ftJ9 CNIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
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.
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A hearing on this matter is scheduled on the Z day ofJune, 2000, at 9:36 IJ. .m., in Courtroom
No. L of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court after notice and
hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge
of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under
23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania
Crimes Code. Under federal law, 18 U. S. C. 92265, tills Order is enforceable anywhere in the United States, tribal
lands, U.S. 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 nnder the Violence Against Women Act,
18 U.S.C. 92261-2262.
Y oushould 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.
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CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberlimd County is required by law to comply with the Americans ~
Disabilities Act of 1990. For information about accessible fu.cilities and reasonable accommodations available to disabl!fY
individuals having business before the court, please contact our office. n arrangements must be made at 1east 72 hours ptibt
to any hearing or business before the court. Yon must attend the ~1!I1ed conJi:rence or hearing.
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CUMBERU\ND COUNTY
PENNSYLVANIA
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BRENDA LEE STONE, : IN THE COURT OF COMMON PLEAS OF
for herself and on behalf of her minor
children: RAF AEL VAZQUEZ,
DOMINGO VAZQUEZ, III, : CUMBERLAND COUNTY, PENNSYLVANIA
LEIGHANNA MARIA VAZQUEZ, :
and RAQUEL ANN VAZQUEZ,
vs. : NO. 2000- CNIL TERM
DOMINGO VAZQUEZ, II,
(AKA: DOMINGO V AZUEZ MESSENGER):
Defendant : PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION
FROM ABUSE ORDER
Defendant's Name: DOMINGO VAZQUEZ, n
Defendant's Date of Birth: 06/21/07
Defendant's Social Security Number: 582-45-6623
Names ofl>rotected Persons: BRENDA LEE STONE, and her minor children, RAFAEL
VAZQUEZ, DOMINGO VAZQUEZ, m, LEIGHANNA MARIA VAZQUEZ, and
RAQUEL ANN VAZQUEZ.
AND NOW, this 2zJ4ay of June, 2000, upon consideration of the attached Petition for
Protection from Abuse, the court hereby enters the foUowing Temporary Order:
[E 1. Defendant shaD not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
o 2. Defendant is evicted and excluded from the residence at _ or any other permanent
or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the
residence. Defendant shall have no right or privilege to enter or be present on the premises.
o 3. Except for such contact with the minor child/ren as may be permitted under Paragraph
5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiffat any 10cation,
including, but not limited, to any contact at Plaintifi's current residence, and any other residence she
may, in the future, establish for herself; her school, business, and/or place of employment.
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Defendant is specifically ordered to stay away from the following locations for the duration of this
Order:
o 4. Except for such contact with the minor child/ren as may bepennitted under Paragraph
5 of this Order, Defendant shall not contact Plaintiffby telephone or by any other means, including
through third persons.
[E 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded
temporary custody of the fonowing minor children:
RAFAEL VAZQUEZ
DOMINGO VAZQUEZ, m
LEIGHANNA MARIA VAZQUEZ
RAQUELANNVAZQUEZ
The local law enforcement agency in the jurisdiction where the children are located
shall ensure that the children are placed in the care and control of Pia intiff in accordance with
the terms of this Order.
o 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office
ora designated local law enforcement agency for the delivery to the Sheriff's Office: llinBt
Defendant is prohibited from possessing, transferring or acquiring any other weapons for the
duration of this Order.
IE 7.
The fonowing additional relief is granted:
The Cumberland County Sheriff's Department shan attempt to make service at
Plaintiff's request and without pre-payment of fees, but service may be
accomplished uuder any applicable Rule of Civil Procedure.
This Order shaH be docketed in the office of the Prothonotary and forwarded
to the Sheriff for service. The Prothonotary shaH not send a copy of this Order
to Defendant by mail.
This Order shaH remain in effect until modified or terminated by the Court and
can be extended beyond its original expiration date if the Court finds that
Defendant has committed an act of abuse or bas engaged in a pattern or
practice that indicates risk of harm to Plaintiff and/or the minor children.
Defendant is enjoined from damaging or destroying any property owned jointly
by the parties or owned solely by Plaintiff.
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Defendant is to refrain from harassing Plaintiff's relatives or the minor
children.
r&> 8. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
PENNSYLVANIA STATE POLICE
r&> 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER and ANY PRIOR
ORDER RELATING TO CHILD CUSTODY.
THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER
NOTICE AND HEARING.
NOTICE TO DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for indirect
criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail.
23 Pa.C.S.96114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate
this Order, which can only be changed or modified through the filing of appropriate court papers for
that purpose. 23 Pa.C.S. ~6113. Defendant is further notified that violation of this Order may subject
himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges
and penalties under the Violence Against Women Act, 18 U. S.C. 992261-2262. Any protection order
granted by a court may be considered in any subsequent proceedings, including child custody
proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAW
ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over Plaintiff's residence
OR any locations where a violation of this order occurs OR where Defendant may be located. If
Defendant violates Paragraphs I through 6 of this Order, Defendant may 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.
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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 Sheriffs office of the county which issued this Order,
which office shall maintain possession of the weapons until further Order of this Court, unless the
weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency
whose officer made the arrest.
!~
. Judge
BY THE COURT,
Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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BRENDA LEE STONE, : IN THE COURT OF COMMON PLEAS OF
for herself and on behalf of her minor
children: RAFAEL VAZQUEZ,
DOMINGO VAZQUEZ, III, : CUMBERLAND COUNTY, PENNSYLVANIA
LEIGHANNAMARIA VAZQUEZ, :
and RAQUEL ANN VAZQUEZ,
vs. : NO. 2000- J 'lot; CIVIL TERM
DOMINGO VAZQUEZ, II, :
(AKA: DOMINGO V AZUEZ MESSENGER):
Defendant : PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR
PROTECTION FROM ABUSE
COUNT I
1. Plaintiff is Brenda Lee Stone.
2. Plaintiff files this Petition for herself and on behalf of her minor children, Leighanna
Maria Vazquez, Rafael Vazquez, Domingo Vazquez, III, and Raquel Anna Vazquez.
3. The names of the persons who seek protection from abuse are Brenda Lee Stone,
Leighanna Maria Vazquez, Rafael Vazquez, Domingo Vazquez, III, and Raquel Anna Vazquez.
4. Plaintifl's address is Peiper Court, Lot 3, 2075 Ritner Highway, Carlisle, Cumberland
County, Pennsylvania 17013.
5. Defendant's address is Peiper Court, Lot 3, 2075 Ritner Highway, Carlisle, Cumberland
County, Pennsylvania 17013.
Defendant's Social Security Number is 582-45-6623.
Defendant's date of birth is 06/21/07.
Defendant is employed by General Unloading Company at the Sysco Distribution Center
on Industrial Road in Harrisburg, Dauphin County, Pennsylvania.
6. Defendant is the father ofPlaintifi's children.
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7. Plaintiff and Defendant have been involved in the following court action:
Case name Case No.
Stone v. Vazquez, II ?
(protection From Abuse)
Date filed
1994
8. Defendant has been involved in the following criminal court action:
Court of Common Pleas
Dauphin County
Pennsylvania State Police arrested Defendant, charged him with simple assault
and harassment, and placed him in Cumberland County Prison as a result of an
incident involving Plaintiff on or about May 27, 2000. A preliminary hearing
in the matter was held before District Justice Shulenberger on June 1, 2000. The
hargeswere bound over for trial, and Defendant was released from prison on his
own recognizance. A term of Defendant's bail is that he not have any contact
with Plaintiff until she files a petition and a Temporary Protection Order is
entered against him.
Plaintiff believes that Defendant has dmg-related convictions in Adams County.
In or about 1994, Defendant was arrested and served jail time in York County
for abusing Plaintiff and the daughter, Leighanna, then 3 years old.
In or about 1992-93, Defendant was arrested and served prison time in Dauphin
Connty Prison for violating the Protection Order Plaintiff had filed against him.
9. Plaintiff seeks temporary custody of the following children:
Name
Leighanna Maria Vazquez
Address
Peiper Court, Lot 3
2075 Ritner Highway
Carlisle, P A
Rafael Vazquez
Peiper Court, Lot 3
2075 Ritner Highway
Carlisle, P A
Domingo Vazquez, III
Peiper Court, Lot 3
2075 Ritner Highway
Carlisle, P A
Raquel Anna Vazquez
Peiper Court, Lot 3
2075 Ritner Highway
Carlisle, P A
Birthdate
11/08/91
04/05/94
06/02/97
01/24/99
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10. Plaintiff and Defendant are the parents of the following minor children:
Name
Leighanna Maria Vazquez
Rafael Vazquez
Domingo Vazquez, ill
Raquel Anna Vazquez
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9 years old
6 years old
3 years old
16 months old
11. The following information is provided in support of Plaintiff's request for an Order of
child custody:
a) The children were born out of wedlock.
b) The children are presently in the custody of Plaintifl:; Brenda Lee Stone, who
resides at Peiper Court, Lot 3, Carlisle, 2075 Ritner Highway, Cumberland County,
Pennsylvania.
c) During the past five years the children have resided with the following persons
and at the following addresses:
Persons children lived with
Plaintiff
Address
Peiper Court, Lot 3
2075 Ritner Highway
Carlisle, P A
When
May 27, 2000
to the present
Plaintiff and Defendant
Peiper Court, Lot 3
2075 Ritner Highway
From 1995
to May 27, 2000
d) Plaintifi: the mother of the children, is Brenda Lee Stone, currently residing at
Peiper Court, Lot 3, 2075 Ritner Highway, Cumberland County, Pennsylvania.
e) She is single.
1) Plaintiff currently resides with the following persons:
Name
Domingo Vazquez, II
Leighanna Maria Vazquez
Rafael Vazquez
Domingo Vazquez, ill
Raque! Anna Vazquez
Relationshio
the father of her children
her daughter
her son
her son
her daughter
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g) Defendant, the father of the children, is Domingo Vazquez, II, currently residing
at Peiper Court, Lot 3, 2075 Ritner Highway, Carlisle, Cumberland County,
Pennsylvania.
h) He is single.
i) Defendant currently resides with the following persons.
Name
Brenda Lee Stone
Leighanna Maria Vazquez
Rafael Vazquez
Domingo Vazquez, ill
Raquel Anna Vazquez
Relationship
the mother of his children
his daughter
his son
his son
his daughter
j) Plaintiff has not previously participated in any litigation concerning custody of
the above mentioned children in this or any other Court.
k) Plaintiffhas no knowledge of any custody proceedings concerning these children
pending before a court in this or any other jurisdiction.
I) Plaintiff does not know any person not a party to this action who has physical
custody of the children or claims to have custody or visitation rights with respect to the
children.
m) The best interests and permanent welfare of the minor children will be met if
custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons
including:
1) Plaintiff is a responsible parent who has provided for the emotional and
physical needs of the children since their births, and who can best take care of
the minor children.
2) Defendant has shown by his abuse ofPlaintiffandlor children that he is
not an appropriate role model for the minor children.
3) Defendant's behavior has adversely affected the children.
12. The facts of the most recent incident of abuse are as follows:
Approximate Date:
Place:
On or about May 27, 2000
Peiper Court, Lot 3, Carlisle, Cumberland County,
Pennsylvania, the parties' residence
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On or about May 27, 2000, Defendant argued with Plaintiff, who is 9
months pregnant, called her vile names, shoved her, and grabbed her by the arm.
Fearing for their mother's safety, the parties' 9 year old daughter, Leighanna,
and 6 year old son, Rafael, ran to a neighbor's house and telephoned 911 for
help. The Pennsylvania State Police responded, arrested Defendant, charged
him with simple assault and harassment, and took him to Cumberland County
Prison. Plaintiff sustained scratches about her wrist as a result of this incident.
13. Defendant has committed the following prior acts of abuse against Plaintiff or the
minor children:
a) On or about April 8, 2000, Defendant threatened to knock out the
parties' 6-year old son, Rafae~ and called him vile names.
On or about April 1 0, 2000, Defendant told Plaintiff in the presence
ofthe parties' 9"year old daughter, Leighanna, that he wished she would die.
b) On or about April 7, 2000, Defendant stood in close proximity to
Plaintiff, who is almost 8 months pregnant, yelled in her face, pushed her
about using his body to push against hers, threatened to kill her, and
threatened to break up the house. Defendant continued to argue with
Plaintiff, and threatened to kill her if she called the police. When the parties'
9-year-old daughter, Leighanna, tried to leave the house to call the police for
help, Defendant grabbed the child by the arm and shoved her, causing her to
fall to the floor, and called her fucking bitch. After Plaintiff telephoned the
Pennsylvania State Police for help, Defendant left the residence. Plaintiff
reported the incident to the police and Cumberland County Children & Youth
Services.
c) On or about April 6, 2000, Defendant returned home intoxicated.
Fearing for her safety and that of the children, Plaintiff refused to let
Defendant in. Defendant broke the window on the door to gain entry to the
residence, yelled at Plaintiff, and called her names.
d) In or about mid-March 2000, when Plaintiff confronted Defendant
about his behavior, he shoved her, and threatened her saying, "If you put me
injail, I'm going to get you."
e) In or about February 2000, Defendant rammed the rear of Plaintiff's
vehicle while she had their four children in the car, and sped away. Later the
same evening, Defendant returned to the home, argued with Plaintiff, shoved
her onto the bed, pressed his knee against her face, choked her, and pulled
clumps of her hair out. The parties' minor children witnessed the incident,
attempted to intervene to stop Defendant from further abusing' Plaintiff, and
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when Leighanna tried to leave the home to get help, Defendant shoved her
away from the door, causing her to fall to the floor. Plaintiff sustained
bruising and soreness about her head and neck as a result of this incident, and
sought medical treatment for her injuries.
t) Since approximately 1991, Defendant has abused Plaintiff in ways
including, but not limited to, calling her vile names, yelling at her; shoving,
grabbing, slapping, punching, kicking, and choking her; pulling her hair,
throwing objects at her, hitting her with objects such as a frying pan, and a
broom handle; restraining her, pinning her against walls, and intimidating her
by drawing back his fist causing her to fear he was going to hit her;
threatening to beat her, cut her up, shoot her, put her in a wheelchair, and
threatening to kill her.
In addition, Defendant has abused the children in ways including, but
not limited to, calling them vile names, yelling at them, emotionally abusing
them, and threatening to harm them; pulling their hair and their ears; and
shoving, slapping, punching, head-butting, and kicking them, sometimes
causing bruising and red marks. During one incident when Rafael was 3 or
4 years old, Defendant kicked the child in the head while he was laying down.
14. The following police department or law enforcement agency in the area in which
Plaintiff lives should be provided with a copy of the Protection Order:
PENNSYLVANIA STATE POLICE
15. There is an immediate and present danger offurther abuse from Defendant.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO
THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff
and/or minor children in any place where they may be fonnd.
B. Award Plaintiff temporary custody of the minor children.
C. Order Defendant to pay the costs of this action, including filing and service
fees.
D. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s
funding sources toward the cost of litigation in this case.
E. Order the following additional relief: not listed above:
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Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff
Defendant is to refrain from harassing Plaintiff's relatives and/or the minor
children.
F. Grant such other relief as the court deems appropriate.
G. Order the police or other law enforcement agency to serve Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner
will inform the designated authority of any addresses, other than Defendant's
residence, where Defendant can be served.
COUNT n
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
16. The allegations of Count I above are incorporated herein as if fully set forth.
17. The best interest and permanent welfare of the minor children will be served by
confirming custody in Plaintiff as set forth in paragraph 10 of the petition.
WHEREFORE, pursuant to 23 Pa.C.S'95301 et. sea., and other applicable rules and law,
Plaintiff prays this Honorable Court to award custody of the minor children to her.
Date:
o -;;1 - H
Respectfully submitted,
~~
IXGAL SERVICES, C.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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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 tme 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 anthorities.
Dated: ~:rd' 0(')
~~<Tt.~L .~Q
Brenda Lee Stone, Plaintiff
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06/02/00 FRI 15:54 FAX 717 240 6573
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CUMB CO PROTHONOTARY
141001
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS.
RESULT
*********************
*** TX REPORT ***
*********************
1907
92490779
06/02 15:49
05'31
7
OK
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CASE NO: 2000-03409 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
STONE BRENDA
VS
VAZQUEZ DOMINGO II
WILLIAM DIEHL
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE was served upon
VAZQUEZ DOMINGO II the
DEFENDANT , at 0018:10 HOURS, on the 2nd day of June , 2000
at SHEETZ PLAZA RTS 11 & 465
CARLISLE, PA 17013
by handing to
DOMINGO VAZQUEZ, II
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER, PETITION
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10.00
.00
31.10
Sworn and Subscribed to before
w
me this 1 ~ day of
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othonotary
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R. Thomas Kline
06/05/2000
By:
Id~J
Deputy S .
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BRENDA LEE STONE, : IN THE COURT OF COMMON PLEAS OF
for herself and on behalf of her minor children:
RAFAEL VAZQUEZ,
DOMINGO VAZQUEZ, III, : CUMBERLAND COUNTY, PENNSYL VANIA
LEIGHANNAMARIA VAZQUEZ, :
RAQUEL ANN VAZQUEZ,
vs. : NO. 2000-3409 CNIL TERM
DOMINGO VAZQUEZ, II,
AKA: DOMINGO V AQUEZ MESSENGER, :
Defendant : PROTECTION FROM ABUSE AND CUSTODY
ORDER OF COURT
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AND NOW, tbis ~ day of JII;', 2000, upon consideration of the attached Petition, the
Temporary Protection From Abuse Order in the above-captioned case entered on June 2, 2000, is
hereby vacated and the action withdrawn without pr~udice to Plaintiff.
By the Court,
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Joan Carey, Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
Dirk E. Berry, Attorney for..l)efendant
7 Irvine Row
Carlisle, P A 17013
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BRENDA LEE STONE, : IN THE COURT OF COMMON PLEAS OF
for herself and on behalf of her minor children:
RAF AEL VAZQUEZ,
DOMINGO VAZQUEZ, III, : CUMBERLAND COUNTY, PENNSYLVANIA
LEIGHANNA MARIA VAZQUEZ, :
RAQUEL ANN VAZQUEZ,
vs. : NO. 2000-3409 CNIL TERM
DOMINGO VAZQUEZ, II,
AKA: DOMINGO VAQUEZ MESSENGER, :
Defendant : PROTECTION FROM ABUSE AND CUSTODY
PETITION TO VACATE ORDER
AND WITHDRAW ACTION
Plaintiff, Brenda Lee Stone, by and through her attorney, Joan Carey of Legal Services, Inc.,
requests that the Court vacate the Temporary P~otection From Abuse Order in the above-captioned
case and that the action be withdrawn on the grounds that:
1. A Petition for Protection From Abuse was filed and a Temporary Protection From
Abuse Order issued in the above-captioned case on June 2, 2000, scheduling a hearing for
June 8, 2000, at 9:30 a.m.
2. Defendant was served with a certified copy of the Notice of Hearing, Temporary
Protection From Abuse Order and Petition for Protection From Abuse on June 2, 2000. Defendant
advised Legal Services, Inc. staff that he wanted representation in this matter and agreed to a
continuance to afford Legal Services, Inc. time to find representation for him.
3. Legal Services, Inc. staff filed a Motion and an Order for Continuance was entered
on June 8, 2000, rescheduling the case for hearing on July 21,2000, at 1:30 p.m.
4. Dirk E. Berry, Attorney at Law, was retained to represent Defendant pro bono in this
matter.
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5. At the time of the schednled hearing on Jnly 21,2000, Plaintiff indicated to her
counsel that she did not want to proceed with the hearing, and requested that the Temporary
Protection From Abuse Order entered on June 2, 2000, be vacated and that the action be withdrawn
without prejudice to her.
WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the
Order entered on June 2,2000, and withdraw the action without prejudice to her.
Respectfully submitted,
oan Carey, Attorney for P
LEGAL SERVICES, IN
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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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:
8-3- C6e>C)
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Brenda Lee Stone, Plaintiff
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08/08/00 ]UE~a:37 FAX 717 240 6573
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CUMB CO PROTHONOTARY
141001
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS.
RESULT
*********************
*** TX REPORT ***
*********************
2045
92490779
08/08 10:32
04'13
6
OK