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Home My WebLink About00-07828 - . . . NOV 0 3 zooolV v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION-LAW IN PROTECTION FROM ABUSE CRUZ SANCHEZ, Plaintiff JULIO SANCHEZ, Defendant NO. OJ -7-f~ CIVIL TERM 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. Any protection order granted by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). A hear1 ~3the matter is scheduled for the b!!d.., day of '?1~ 2000, at.,;7;tJtl.', in Courtroom at the Cumberland County Courthouse, 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 fme 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. ~ 2265, this 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 under the Violence Against Women Act, 18 U.S.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 MA Y HAVE TO PROCEED WITHOUT ONE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ~"---"-"' _"'1 ,~. ~J~ileWll~w;4:>!);"~i{'+\i,,,"'1...~\<i'~.!.ft>;l~~'~iili;,,j,,iQr,,+i~,,,",""'.W",""~"""E",,',flf~ii~'1ii;<lilll!~1WI_1"""""'~ 'il<-_;;/;O!nliIfIllII~~~~,",~"~- . . ,;jJ "'_.,~...._~ _~ ~'."""'''___~, "'~"7" ~"'""'""',."'""'I:"~",,,'''''_",,,.. ,",,"."''''''''_,"'.''",<,_, re/-, -'-F ('l.~ ~ . _j-f }!- 'i(\c '.,' ;-,~-,t.\~: I It,,)!... J ,-, j .' :(i[\'OTARY DaVOlI, , "."-,, {'!;La:nz CUi\iir:ip..., '"" -'~HL;"Ju G~u PENNSYLVAN~ !V7Y ~.~"'. ,,--, " v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE CRUZ SANCHEZ, Plaintiff JULIO SANCHEZ, Defendant NO.;' ()OO - ~C1VIL TERM TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Julio Sanchez Defendant's Date of Birth: 1/9/66 Defendant's Social Security Number: Unknown Names of AIl Protected Persons, including Plaintiff and minor children: Cruz Sanchez AND NOW, this 3 d. day of'" ~, 2000, upon consideration of the attached Petition for Protection From Abuse, the court hereby enters the following Temporary Order: [XlI. Defendant shall not abuse, harass, stalk or threaten Cruz Sanchez in any place where she might be found. [X] 2. Defendant is evicted and excluded from the residence at 304 Walnut Street, Camp Hill, Pennsylvania, or any other permanent or temporary residence where Plaintiff may live. Defendant shall have no right or privilege to enter or be present on the premises. [X] 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: The Plaintiff's residence at 304 Walnut Street, Camp Hill, Cumberland County, Pennsylvania. [Xl 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. [Xl 5. Pending the outcome of the [mal hearing in this matter, Plaintiff is awarded temporary custody of the following minor child: Until the final hearing, Defendant shall not have any contact with the children. 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 the Plaintiff in accordance with the terms of this Order. [Xl 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for delivery to the Sheriff's office: None. Defendant is prohibited from possessing, transferring or acquiring any weapons for the duration rUt, ,^ "_~ ~ "',~ ., - ~.,. of this order. [] 7. The following additional relief is granted: [X] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Camp Hill Police Department. [] 9. THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [X] 10.THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. 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 fme of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S ~ 6114. Consent of the Plaintiff to Defendant 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 him/her 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. ~~ 2261-2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 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 of law 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 Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer e rest. lib/in Date BYT r. G@IUt>E G', f!.cr:FfI.~.te.)udge cocll'e.s Mal\@, 1\-1,-00 f;XLd fa .p.s.~ 11-'3-0.0 '~F ^""'~'_~O"~~ _ ~" ~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE CRUZ SANCHEZ, Plaintiff JULIO SANCHEZ, Defendant NO.oo-...,<6-z..<6 CIVIL TERM PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Cruz Sanchez 2. I am filing this Petition on behalf of myself. Our address is 304 Walnut Street, Camp Hill, Pennsylvania. 3. Name of person, including Plaintiff and minor children, who seek protection from abuse: Cruz Sanchez 4. Plaintiff's address is: 304 Walnut Street, Camp Hill, PA. 5. Defendant is believed to live at the following address: 304 Walnut Street, Camp Hill, PA Defendant's Social Security Number is: Unknown Defendant's date of birth is: 1/9/66 Defendant's place of employment is: Receiving Disability Benefits 6. Indicate the relationship between Plaintiff and Defendant. [X] Spouse [] Current/former sexual/intimate partner [] Ex-spouse [] Parent/child [] Persons who live or have lived like spouses [] Other relationship by blood/marriage [X] Parents of the same children 7. Have the Plaintiff and Defendant been involved in any of the following court actions? No. [ ] Divorce [ ] Custody [ ] Support [ ] Protection from Abuse 8. Upon information and belief, the Defendant has not been involved in a criminal court action in this court. 9. Plaintiff and Defendant are the parents of the following minor children: Elvira Sanchez 5 years old Pedro Sanchez 4 years old Paloma Sanchez 2 'h years old 10. If Plaintiff and Defendant are parents of a minor child together, is there an existing court Order regarding their custody? No. '---~1b'l!l!:::jll~JJ , ; J If you are now seeking an Order of child custody as part of this petition, list the following information: (a) Where has each child resided during the past five years? Address When Child's Person( s) child Name lived with Elvira Sanchez Cruz Sanchez Pedro Sanchez Julio Sanchez Paloma Sanchez Faye Bickart Elvira Sanchez Cruz Sanchez Pedro Sanchez Julio Sanchez Paloma Sanchez Elvira Sanchez Cruz Sanchez Pedro Sanchez Julio Sanchez Elvira Sanchez Cruz Sanchez Pedro Sanchez Julio Sanchez Elvira Sanchez Cruz Sanchez Julio Sanchez 304 Walnut St. 1999-Present Camp Hill, P A 1 North Pitt Street 5/98-1999 Carlisle, PA 17013 Potato Road 12/97-5/98 Aspers, PA 66 W. Main St. 1/97 - 12/97 Gettysburg, PA 66 W. Main St. Gettysburg, PA 12/95-12/97 11. The following other rninor child/ren presently live with Plaintiff: None 12. The facts of the most recent incident of abuse are as follows: This morning, November 3, 2000 the Plaintiff was preparing to leave the residence with her interpreter, Haydee Greene, to come to the Family Law Clinic to seek a PFA. Defendant tried to stop her from leaving. Defendant began pushing and shoving the Plaintiff and stated, "If you go, I will to take of you." Ms. Greene told him that she would call the police if he did not let the Plaintiff leave the residence. At that time, Defendant let Plaintiff leave the residence. 13. Defendant has committed prior acts of abuse against Plaintiff, as follows: Defendant has been consistently physically and emotionally throughout their marriage of the past 6 years. On Wednesday, November 1, 2000, Defendant took the Plaintiff's pay check. When Plaintiff asked him what he did with the money, he began kicking and hitting Plaintiff until she fell to the ground, where he continued to kick and hit her. The landlord intervened, and the Defendant stopped. Plaintiff suffered numerous bruises from this incident. In 1996, Plaintiff left the marital home and sought shelter. Defendant found the plaintiff at the shelter, broke into the shelter, and the severely beat the Plaintiff. Plaintiff was hospitalized in Gettysburg following this incident. Plaintiff has been hospitalized numerous times over the years in Gettysburg and Carlisle. Plaintiff has suffered from bruises, a ruptured ear drum, and injury to one of her eyes. She has had surgery on this eye, but has lost partial vision in the eye. Defendant has committed this abuse in front of the children. The children are openly afraid of Defendant. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor child/ren: None. I,~~,,-,. ~ , ~ , , , 15. IdentifY the police department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order: Camp Hill Police Department 16. There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [X] Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 304 Walnut Street, Camp Hill, PA [X] owned by: Fay Bichart [] rented by (list all names, if known): [X] Defendant owes a duty of support to Plaintiff and/or the minor children. [] Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: 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 FOLLOWING: [X] A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. [X] B. Evict/Exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [] C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. [X] D. A ward Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and child: Defendant will not have any contact with the children, pending further order of the Court. [X] E. Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment. [Xl F. 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. [X] G.Order the Defendant to temporarily turn over weapons to the Sheriff for this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. [X] H.Order Defendant to pay temporary support for Plaintiff and/or the minor child/ren, including medical support and [] payment of the rent or mortgage on the residence. []I. Direct Defendant to pay Plaintiff for the reasonable fmanciallosses suffered as the result of the abuse to be determined at the hearing. ' Order Defendant to pay the costs of this action, including filing and service fees. Order Defendant to pay Plaintiff's reasonable attorney's fees. Order the following additional relief, not listed above: [X] J. [] K. []L. - ,>."""""1........ _ _ 1 [X] M. Grant such relief as the court deems appropriate. [X] N. 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 Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. II \ ~\crD Date ~/UA.cD '~---::, ara I. Ku .. Certified Legal Intern cd~Alj--- ROBERT E. RAINS Supervising Attorneys TERI 1. HENNING Staff Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 ""l<~1!fl'f1':~_ ~_ _, ~ "_ VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S S 4904, I verify that I am the Plaintiff 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, information and belief. 1//5 jOo Date CII./C 51 QXch 't t Cruz Sanchez :,-~,,,"",!,,~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE CRUZ SANCHEX, Plaintiff JULIO SANCHEZ, Defendant NO.Ob-.'6-z..1l CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Julio Sanchez Defendant's Date of Birth: Defendant's Social Security Number: Names of All Protected Persons, including Plaintiff and minor children: Cruz Sanchez AND NOW, this day of , 2000, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDICATED and DECREED as follows: Note: Space is provided to allow for 1) the court's general findings of abuse; 2) inclusion of the terms under which the order was entered (e.g., that the order was entered with the consent of the parties, or that the defendant, though properly served, failed to appear for the hearing, or the reasons why plaintiff's request for a fInal PFA order was denied); and/or 3) information that may be helpful to law enforcement (e.g., whether a weapon was involved in the incident of abuse and/or whether the defendant is believed to be armed and dangerous). [] Plaintiff's request for a fmal protection order is denied. OR [] Plaintiff's request for a final protection order is granted. [] 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. [] 2. Defendant is completely evicted and excluded from the residence at or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. [] On , Defendant may enter the residence to retrieve hislher clothing and other personal effects, provided that Defendant is in the company of a law enforcement offIcer when such retrieval is made. -q, 1l;1i~ '__'.0 I~ ,~ [] 3. [] 4. [] 5. [] 6. []7. [] 8. [] 9. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including but not limited to any contact at the Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any.] Defendant shall immediately tum over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. Any weapons delivered to the sheriff under paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further order of court. The following additional relief is granted as authorized by ~ 6108 of the Act: Defendant is directed to pay temporary support for: [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order]. This order for support shall remain in effect until a final support order is entered by this Court. However, this order shall lapse automatically if the Plaintiff does not file a complaint for support with the court within fifteen days of the date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. [] 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant. [] 11. [] Defendant shall pay $ to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR [] 12. []I. [] 2. -.:.'I"~ - ~_, [] Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of- pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing. NO fee shall be required by the Prothonotary's office for the filing of this petition. BRADY INDICATOR. The P.laintiff ?r protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabItated WIth the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. This order is being entered after a hearing of which the Defendant received actual notice and had an -' ~ -. . opportunity to be heard. [] 3. Paragraph I of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). [] 4. Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s) OR [] The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. I [] 13. THIS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this order shall expire in one year, on [insert expiration date]. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000.00 AND lOR A JAIL SENTENCE OF UP TO SIX MONTHS. 23PA.C.S. ~ 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO . UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~~ 2261-2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. 9~ 2261 -2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. 99 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 7 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 9 6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further order of this court. When the defendant is placed under arrest for violation of the order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. '.~"'i1.1"~"!"'~ ~ ~ ~ . __d .. ~"'" . " If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT: Judge Date If entered pursuant to the consent of the plaintiff and defendant: Cruz Sanchez Julio Sanchez .,~",,,,~.......,._,," ,~ If- ~ ~ .. .. ......." . .~... ..,... ,'. .,..-.'-~rdlllll~jtKl!lll!J'"mrl' .. ,- . ~. " ... ~. , f (') c <'~ 03UJ 6:~: -< --," r:--:o 2r. '<;'0 :Pc:: Z =< :".) U\ t.., c) .... C) o -n '-I ~'!- "Tt \:;;".::: ~l~:~ ;~:E ",0 Urn ~ -::: '1;.:.:; I W ~.'{J -::"'" ~ V" -> t Q1 II ~ Jl ~ x: 1? It, S 7T ~~ --. --Z' n d ~. ~ .\) -+- v , .V) ~ E -U ,"" ~\ .C ~ ...c:: -f- .L 0 -J::' -::c -., ."i '" '5 V :;, j -0 " ~ :1 ') ,-,"" _~ ,~_ =~I!'iIi~~!!_~~~}~~I'ffi~~ '" ~v<,-,,~~I!IlI'J!~~~;''''!l''''''''';''$'l''''W''''''''"f.P.i'W'''''''''''''WIf'''''''','''1!'!'IJl;'~~ii'1i'l!I:~!!'o.~~rm~!!'<",:4Iffl'~~~ 11/03/00 FRI 16:43 FAX 717 240 6573 CUMB CO PROTHONOTARY 141001 *************************** 'M MULTI TN REPORT ... *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2262 01]9p2405331 04]92490779 CENTRAL PROCESS PSP ERROR , OFFICE OF THE PROTH(XIlQTARY .. CUMBERLAND COONI"Y COlJR'IH(lJSE ONE CQIJR'l'HOOSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE L E COP I E R TO: ps\~ [e.,,-tf 0. \ ? (/)c..ess;('IJ n:". ,240 - 5'3'3 \ FAX f'Il(}oI: CURTIS R. LONG. RE: pf'A MESSAGE : J 000. OF PAGES (INCLUDING rovER SHEET) This ~ is intarl3:l. ally fur tte LSe of tte irdividLel or. 61til:)' In Wridl is is cdlL I, aU l1'ElY cnrtain inti:nnetirn trat is p::ivi.lEg:rl. anf:kB1tial ad exarp: fu::m 0;."...1"", JTe u:rler "WI i..mlp J.i'w. [f tte ~ of this ~ is rot tiE inta'OO:l rocipialt. :fJ.J are ~ mtifiEd th3t rot ~retia1. disI::r:iI:J..t a: a:wirg of this CXJTIIU\iretim is strictly {XdtibitB:!. If:fJ.J ll3\oe n=i\A3:l ttus a:nm.nic.r.:im in emr, pl.ea3e rctify tS imrediately I::!I tEI.eP'>:re aU leb.n:n tie ar.igi.ral,.....: "g' tn 1.6 al . .. ~."... __..............-1 __...;,...... ~ ,...., ,;;- , Plaintiff NOV 0 8 2000rfJ : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CRUZ SANCHEZ, v. CNIL ACTION - LAW : IN PROTECTION FROM ABUSE JULIO SANCHEZ, Defendant : NO. 00 - 7828 CNIL TERM M ORDER ~~ <;2VRT AND NOW, thiS~ day Of&.. 'tfV, 2000, upon consideration of the attached Petition to Dismiss and Vacate Order, it is hereby ordered that: 1. The Temporary Protection From Abuse Order dated Nov. 3,2000, is vacated. 2. Plaintiffs Petition for Protection from Abuse is dismissed, without prejudice. ~ t ~-fY\cJJ. ia#- fA> PSP. C P ~ t, PSP I/-J3-00 RXg ''''Ml.~___" . . iiT:'r- f'-'~"".""'...-,,,,,,,,.-i-'~~'bil'1i!l$!~!Ii~~tilo"\!i"'ll_ilililljl1it!i,~f!),4L~iii&lmji!";:,bGl<i>~,Hjillil " l.LU.UL . ~~__~, r"d~-'~, ~~~..% "" _",,_,,-,. ~,= ~_ " ~ IiIlirJlllt"""'_lii;o\oib""'~~--"'~~~"""lU'~' ~~.~~~~ '. ~ --~ El (') CJ Cl C 0 , s: Z -00,) 0 mrr -<: -" 2=-.0 ..- ze;: ---,;'1 ~~~: w ~3t~ ~C] j;r) ",. ~;-;~~ 3-: 4(:-., .' '-.--' )>c: ;'-'-,. en '......-' -, ~ -<- :.:> =< c:o f',.' -< ~ " Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA CRUZ SANCHEZ, v. CIVIL ACTION - LAW IN PROTECTION FROM ABUSE JULIO SANCHEZ, Defendant NO. 00 - 7828 CIVIL TERM PETITION TO DISMISS AND VACATE ORDER Petitioner, Cruz Sanchez, through her attorneys, the Family Law Clinic, hereby moves to vacate the Temporary Protection from Abuse Order entered November 3, 2000 in this action, and to dismiss her Petition for Protection from Abuse, without prejudice. In support of her petition, Cruz Sanchez states the following: 1. Petitioner, through the Family Law Clinic, filed a Petition for Protection From Abuse on November 3, 2000 with this Court. 2. A Temporary Protection From Abuse Order was entered November 3, 2000, signed by the Honorable Edward E. Guido, for the Honorable George E. Hoffer. 3. A hearing on the Petition for Protection From Abuse is scheduled for November 13, 2000 at 2 p.m. in Courtroom 3. 4. Petitioner came to the Family Law Clinic on November 6, 2000 and asked the Family Law Clinic to withdraw her Petition and request that the November 3,2000 Order be vacated. 5. Petitioner does not speak English and brought an interpreter to the Family Law Clinic. 6. Petitioner, through her interpreter, and through discussions with Spanish-speaking Family ,~.-r'lrw ~"" ,. . . Law Clinic staff, told the Family Law Clinic that she wanted to dismiss the pending action. 7. Petitioner signed a document, written in both Spanish and English, instructing the Family Law Clinic to withdraw the Protection from Abuse action. A true and correct copy is attached as Exhibit A. WHEREFORE, Petitioner requests that the court vacate the Temporary Protection from Abuse Order entered November 3, 2000 and dismiss Plaintiffs Petition for Protection from Abuse, without prejudice. ~ 1< ~ol-0r. Paula K. Knudsen / I~ H Certified Legal Intern "/'/00 ~L~, THOMAS M. PLACE ROBERT E. RAINS TERI 1. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 N. Pitt. St. Carlisle, PA 17013 717/243.2968 Attorneys for Cruz Sanchez 'd""I'\'._ - -~- ~- , "- ,~ -, Instruction to withdraw the Protection from Abuse Order Instruccion Dara retracta el Orden de Proteccion de Abuso I am instructing the Family Law Clinic that I want to withdraw my Protection From Abuse Petition dated November 3, 2000. I understand that this means that my spouse, Julio Sanchez, can live with me and my children. I also understand that this means that the November 3, 2000 Protection From Abuse Order, prohibiting Julio Sanchez from abusing me, will no longer be in effect. Estoy rnandando rnis abogados en la Clinica de Derechos de Familias (Family Law Clinic) que quiero retractar el orden de corte del Noviembre 3, 2000. Este orden es un orden que se llama "Proteccion de Abuso." Entiendo que esta retractacion significa que rni esposo, Julio Sanchez, puede vivir conmigo y rnis nifios en mi casa. Tambien entiendo que esta retractacion significa que el orden que se llama Proteccion de Abuso del Noviembre 3, 2000, que prohibe Julio Sanchez de abusandorne, no va a ser en efecto en el futuro. II~GI()o ate/F echa true.. c;aJ1rJ? 0=_ Cruz Sanchez 3~ r t~~ Paula K. Knudsen ' Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 ('{~;~t A -:;;, <~-~-, , ,- . ,~ "" -~- ~ ." Of 17 ,-,"" 'c. ,''w<,'' " '----'''---'-"',--,.-~--''1~llilWiI-rrr-''-'''- (') 0 c-:) C C) -on ~ - , ,"'-~ ""Co::: ":::.) " f1'1P-' "'-. Z-" ZC- 'c' ~'!-t -.J ~c V '" ""0 :2 --, -- ti ~o N 0 ;-n C 'B-t Z tJl ~ ~ c.? -" -< _~_ ,....,...,.""l'I!!'!l'J!I:I!!"~~~~._~,~,~"~"'l'%.)'1'6~1~~'W;o;'?"~'!i"M"'~'i!,"'_1f.!'1'J2Pl-'l~<Jl!!'~~'Wi~~1~.~~~~ ~ - ~ FAX (717) 240-6573 V I ATE LEe 0 PIE R TO: PA STATE POLICE FAX *: 717-249-0779 F'RQo1 ; CURTIS R. LONG RE: PFA ORDERS MESSAGE: . -,------ ...- -.--- ~~ t'l). 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