HomeMy WebLinkAbout01-0783 FX
-'l"'_.a.r ". """"'_ ~~~ ~ "' "
.,J
>, '. '", .,," ,~"'". ,;,-.-,..} -<'~:"
"" ''''''';'~i~~,{
TERESA MARIE MOON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01- 1YJ
CIVIL TERM
REY FRANCISCO SANCHEZ,
Defendant
: 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.
A hearing on this matter is scheduled on the flu ""fkday of February, 2001, at ! D: ~ JI1:.-.m.,
in Courtroom No.,:L on the 4" Floor 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 US.C. ~2265, this Order is enforceable
anywhere in the United States, tribal lands, US. Territories and the Commonwealth of Puerto Rico. If you
travel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 US.C. ~ 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer represent
you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or
cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If
you cannot find a lawyer, you may have to proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)249-3166
AMERICANS Wrm: DISABILITIES ACT OF 1990
The Court of CommOn Pleas of Cumberland County is required by law to comply with the Americans
with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
";:;~~'
TERESA MARIE MOON,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYLVANIA
v.
: Civil Action - Law
~NO. 01- .n.3 CWJ. ~
REY FRANCISCO SANCHEZ,
Defendant
: Protection From Abuse and
: Custody
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: REY FRANCISCO SANCHEZ
Defendant's Date of Birth is: April 10, 1978
Defendant's Social Security Number is: 583-59-9087
Name(s) of All protected persons, including Plaintiff and minor children:
1. TERESA MARIE MOON
AND NOW, on 8th Day of February, 2001 upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
Plaintiff's request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any
place where they might be found.
,'~v'-;Oij;j-- - ~ ~ " ~
---.....
- - , ."
I,.,
.- .-,;;;-" , , -
-" " ^ 'c-" ~:h
2. Except for such contact with the minor child/ren as may be permitted under
paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT
with Plaintiff, or any other person prott)Cted under this Order, 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 ofthis order.
Plaintiff's current residence and any other residence she may establish for
herself during the term of this Order:
212 3rd Street, Apt. 8
New Cumberland, PA
Plaintiff's parents' residence:
94 White Dogwood Drive
Etters, PA (York County)
3. Except for such contact with the minor child/ren as may be permitted under
paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other
person protected under this Order, by telephone or by any other means, including
through third persons.
4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded
temporary custody of the following minor child/ren:
1. AARIYANNA JADE MOON
2. REY ANTHONY SANCHEZ
Until the final hearing, all contact between Defendant and the child/ren shall he
limited to the fOllowing:
Defendant's contact with the parties' minor children is suspended pending
further Order after the hearing scheduled in this case.
The local law enforcement agency in the jurisdiction where the child/ren are
located shall ensure that the child/ren are placed in the care and control of the
Plaintiff in accordance with the terms of this Order.
5. The following additional relief is granted:
Defendaut is prohibited from having any contact with Plaintiff's relatives.
Defendant is ordered to refrain from harassing Plaintift"s relatives.
Enjoin Defendant from damaging or destroying any property jointly owned
by the parties or any property owned solely by Plaintiff.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
New Cumberland Police Department
Fairview Township Police Department (York County)
7. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy of the Petition, any Order issued, and the Order for Hearing
without prepayment of costs. The Petitioner will inform the designated authority of
any addresses, other than the Defendant's residence, where Defendant can be
served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL AUGUST 8, 2002 OR UNTIL OTHERWISE
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 fine of up to $1,000.00 and/or up
to six months in jail. 23 Pa.C.S. ~6114. Consent of the Plaintiff to Defendant's return
to the residence shall not invalidate this Order, which can only be changed or
modified through the filing of appropriate court papers for that purpose. 23 Pa.C. S.
~6113. Defendant is further notified that violation of this Order may subject himlher
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 U S.C. ~~2261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintifl's
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order,
defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest
for violation of this Order may be made without warrant, based solely on probable
cause, whether or not the violation is committed in the presence of law enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the Sheriff's office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weapon/s are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
.,""""'''.-- ,~~~"""~~
..
.. .. -~.;' - .' ,,, ",,,,," ,-
'~'
arrest.
-
3-...
Distribution to:
MidPenn Legal Services
8 Irvine Row, Carlisle, P A 17013
(717) 243-9400
Faxed & Mailed to PSP
~~'ii>WIIi$i~",u,~~-"" '<"(<" t.lCi".",~"-,ffi:;jl!:~"',JM<-;;;j""".'''RidV'J';;'l:1~!,'',,'i',,<i4*;;_~'ifu"'''''d_",;~,J'':''''*<Th?!:;wM,1i''lbitU~~~~~~~~_lWiM11!!I1'''1II'.I- --"i~' " J:::c..,,,d
o
c
S.
-r-'I(;'-:
rf1t:',-;
2.y
~~~::,
r:; C~,
'-
~~.~
7.:
::2
", '",.-,~
0,=,"' ,.m, ,~.
.~,
o
-<1
-'...
"r:o:>
I
OJ
CJ
-I',
~i~
;-1.:"\
.~ C.:
-::\ ~
~-::l ~:-}
..
0-
'-"
.1:-
~-;(-~,
~;.~\r\
?0
-;.
,,'~.. ~
'" ,
.'.-1
'*
,-,'-."
'-~
PFAD Number: XC1191853J
TERESA MARIE MOON,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYL VANIA
v.
. : Civil Action - Law
; No. 01- '7:;3 ~ r~
REY FRANCISCO SANCHEZ,
Defendant
: Protection From Abuse and
: Custody
PETITION FOR PROTECTION FROM ABUSE
1. Plaintift'sname is:
TERESA MARIE MOON
2. I, (the Plaintifl), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. TERESA MARIE MOON
4. Plaintiff's Address is: 212 3rd Street, Apt. 8, New Cumberland, PA 1707&
5. Defendant's Name is:
REY FRANCISCO SANCHEZ
6. Defendant is believed to live at the following address:
c/o Cindy Slayton, 318 Muench Street, Harrisburg, PA 17102
::\'11R
."
"'~:"'~' '.--., ,'j,;,.,
"T'\f_'j.:
7. Defendant's Social Security Number is:
583-5~9087
8. Defendant's Date of Birth is:
April 10. 1978
9. Defendant's Place of employment is:
Coaldeys Pub and Restaurant, Bridge St., New Cumberland, PA
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Parents of the same children
Current or former sexual/intimate partner
Persons who live or have lived like spouses
12. The defendant bas been involved iu a criminal court action.
13. Plaintiff and Defendant are the parents of the following minor child/ren:
a. AARIYANNA JADE MOON
Age:lyear old
Child's address is: 212 3rd Street, Apt. 8 , New Cumberland, PA 17070
b. REY ANTHONY SANCHEZ
Age: Imonth old
Child's address is: 212 3rd Street, Apt. 8, New Cumberland, PA 17070
14. Plaintiff is seeking an Order of child custody as part of this petition.
The following is a list of the children and where they have live for the past 5 years:
a. AARIYANNA JADE MOON
For the past 5 years, this child has lived with:
Plaintiff, and Aariyanna's brother, Rey Anthony Sanchez, at 212 3rd Street,
Apt. 8, New Cumberland, PA, from January 28, 2001, to the present.
-.~~
'-' <-"-
""-'~_'f!/"
'.
Plaintiff, Defendant, and brother, Rey, at 212 3rd Street, Apt. 8, New
Cumberland, PA, from December 8,2000, until January 28,2001.
Plaintiff and Defendant at 2123rd Street, Apt. 8, New Cumberland, PA, from
March 2000 to December 8, 2000.
Plaintiff, her parents, Judy and Leroy Moon, and Plaintiff's brother, Tommy
Moon, at 94 White Dogwood Drive, Etters,PA, from February 2000, to March
2000.
Plaintiff, Defendant, Defendant's brother, his girlfriend, and their 3 children,
at 318 Meunch Street, Harrisburg, PA, from December 1999, to February
2000.
Plaintiff, her parents, Judy and Leroy Moon, and Plaintiff's brother, Tommy
Moon, at 94 White Dogwood Drive, Etters, PA, from Aariyanna's birth on
October 21, 1999, to December 1999.
b. REY ANTHONY SANCHEZ
For the past 5 years, this child has lived with:
Plaintiff, and Rey's sister, Aariyanna Jade Moon, at 212 3rd Street, Apt. 8,
New Cumberland, PA, from January 28, 2001, to the present.
Plaintiff, Defendant, and sister, Aariyanna, at 212 3rd Street, Apt. 8, New
Cumberland, PA, from Rey's birth on December 8, 2000, until January 28,
2001.
15. The facts of the most recent incident of abuse are as follows:
On about Sunday, January 28, 2001
location: 212 3rd Street. New Cumberland, Pennsylvania, Plaintiff's residence
Defendant shoved Plaintiff onto the bed, pulled her hair, shoved her to the floor, threw a box of
hot chocolate at her, and slapped her in the face. Defendant shoved Plaintiff causing her to hit
her head on the coruer of the cabinet, shoved her to the floor and when she tried to get up, he
shoved her back down, and kicked her about the back several times. When Plaintiff tried to
telephone for help, Defendant knocked the telephone receiver out of her hand, and slapped her
about her head and face. Mter Defendant left the apartment, Plaintiff telephoned 911. Plaintiff
sustained bruising, swelling and soreness about her head and legs as a result of this incident. The
New Cumberland Police arrested Defendant, charged him with simple assault, and placed him in
Cumberland County Prison.
16. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren,
(including any threats, injuries, or incidents of stalking) are as follows:
On or about December 23, 2000, Defendant shoved Plaintiff down onto the couch, punched her
"" ~
i<I_'>~~- "
--,.-- ~:'- " :,,",_,'-0.-
- l_iWi~!0i:
in the face twice, took the telephone to prevent her from calling for help, and left the residence.
Plaintiff sustained redness, swelling and soreness about her face as a result of this incident.
In or about summer 2000, Defendant threw the baby's walker at Plaintiff hitting her on the knee
with it. Plaintiff sustained bruising, swelling and soreness about her knee as a result of this
incident.
Since approximately December 1999, as often as twice a week, Defendanthas abused PlaintiIT in
ways including, but not limited to the foUowing: shoving, slapping, punching, kicking, and
puUing her hair. Defendant has threatened PlaintiIT teUing her that if she ever eaIIs the police on
him, he will have his family members harm her. In addition, Defendant threatened Plaintiff
saying that if be cannot harm her, he will harm her family, and in October 1999, threatened to
kill Plaintiff's mother. These incidents have caused Plaintiff pain and reasonable fear of
imminent serious bodily injury.
17. The police department( s) or law enforcement agencies that should be provided with a copy of the
protection order are:
New Cumberland Police Department
Fairview Township Police Department (York County)
18. There is an inunediate and present danger of further abuse from the Defendant.
19. 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:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or
minor child/ren in any place where Plaintiff may be found.
b. Award Plaintiff temporary custody ofthe minor child/ren and place the following
restrictions on contact between Defendant and child/ren:
Defendant's contact with the parties' minor children is suspended pending
further Order after the hearing scheduled in this case.
c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren,
either in person, by telephone, or in writing, personally or through third persons,
including but not limited to any contact at Plaintiff's school, business, or place of
employment, except as the court may find necessary with respect to partial custody
and/or visitation with the minor child/ren.
d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs
children listed in this petition, except as the court may find necessary with respect to
partial CUllt9dy llfldloc vimtat-!oo with the mmoc cthild/rel!,
e. Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren,
including medical support ,
~-
'.-
.~, ~i4.
. "
f. Order Defendant to pay the costs of this action, including filing and service fees.
g. Order the following additional relief; not listed above:
Order Defendant to refrain from harassing Plaintiff's relatives.
Enjoin Defendant from damaging or destroying any property jointly owned by
the parties or any property owned solely by Plaintiff.
Order Defendant to pay $250.00 to one of MidPenD Legal Services' funding
sources to pay the cost of litigating this case.
h. Grant such other relief as the court deems appropriate.
1. Order the police or other law enforcement agency to serve the Defendant with a
copy of this Plltition, any Order issued, and the Order for Hearing. The petitioner
will inform the designated authority of any addresses; other than the Defendant's
residence, where Defendant can be served. "
D vid A. Lopez, Esq.
Agency: MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Respectfully Submitted by:
VERIFICA TION
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: :J - J - 0 'do
T~~
; '~""l~~&l1Illi,~Oi~'h:';;_""_' ~2'
~11it>!/;w-",-"".
~
%
'~.i;!lm!!!IlIlU
, ~~, ,--"'~\ "",~'~'_;,etiit"-'i,;4}~.,,.,"" _
;"'Jt?cl"._tc'VW"+'''''G'c'B'g--'''<'~
u~
~-h
g~
)-
0[
Y-o
~~
r\7=t
i2
:3
~
t
~p
~~
&~
. .
\\\~
. . U"
+)(}J . '
.v. .-tJ
(~
-1::.
. .
c>
.....(:;)
.
,-,', ",-,-, -~!l1
' ~~II~
i iiD.-~-.. ll:l:t:~~,
.' ~ =" ~
..:~ J"
'\ "'-'.1'
,
\
\ '
'.
\~
-" \.
~.\ ~
\ -0
, .
\~
\~
.
(j c-;. '-'
~ '_...... "fi
- "I
"'"'Cu_;
~.]? ~:'_.-~ ij)
,
t;~ s.: co
-<
r::::::
~ C) ::,6
~() r._.,
PC: _
"Z 0
~ ...J
_._,""_m~~'"
~. "
"'~i
I
I
I
.. . ~",
t~:;
L
.__:t:.,}
-tJ _.," ~..i
:;:;~~
~
~
1
,_.
... --,~ ~
"' ,
,
J/:~,
02/08/01 THU 16:09 FAX 717 240 6573
CllMB CO PROTHONOTARY
14J001
, "
***************************
*** MULTI TN REPORT ***
***************************
.
TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2447
[ 01l9p2405331
[ 03]9p2438026
[ 04]92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
ERROR
,
OfFICE OF THE PROTHCX'JOTAIl't
aJMBERLAND CCXJ\IrI'Y COUR'IHmSE
OllIE CCllIRTHmSE SQUARE
CARLISLE, PA. 17013-3387,
(7171 240-6195
FAX (717) 240-6573
J
TO:
LS
Cen~. Peoce$5.
PA STATE POLICE
VIA TELECOPIER
FAX t:
717-249-0779
m(ll>1:
CURTIS R. LONG
RE:
PFA ORDERS
MESSAGE:
I O~ 1\0. OF PAGES (nr.::r..uoING COVER SHEET)
'Ihi5 ~ is iI1te"\'i!d mly 1Or" tte tEe of tte irdivid.el oc Enti~ tD \Jlli:h is is dl..h. l,.;cd rray
amain infi:JJ:m:ltim th3t is p:ivilEg;d. anf:id:Jltial ooj eI61{X 00::m rli<....lr<:ln-e lJl:l& 'fPl;........lp IaN. [f'
tte ~ r)( this lT2S5Eg: is rot tie inta"tErl m::ip.imt, )0..1 are ~ rot;i..t;iej that E;nf dissEfflirodDl,
dis\rib..rt::ia ''JI:' a:pfID;J of this a:nmtUoatjm is strictly p:ctribitB:l. If}OJ!-e\.e lB::li:ival lh1s
CDTl1U"\i(,t.Jm in =,r, pl.e35e mtify \.6 :inmrl.iatcly ty t:eleP:>-~re an leb1rn tiE a:ig:inal ~ to L6 at
",":
TERESA MARIE MOON,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYL VANIA
v.
: Civil Action - Law
: No. 01-783
REY FRANCISCO SANCHEZ,
Defendant
: Protection From Abuse and
: Custody
ORDER TO VACATE
AND NOW, tmJ~~ ofF"""",, 2oot, _P_~' motioo to withd~ oc-.,
this action,
1. This matter is dismissed without prejudice.
2. Costs of this proceeding are waived.
3. The Temporary Order (Filed on Feb 8, 2001) is hereby vacated.
BY THE COURT:
r, P. Judge
Distribution to:
MidPenn Legal Services, Attorneys for Plaintiff
Rey Francisco Sanchez, Defendant
FAXed & mailed to PSP..) f'L' OJ
'-Cp- L5 ~.P.-::J-
~
t^~~
0, d-'P "J",
o ~~
~~~@jj\~#~J;,,,"~" ''-;;1",l'',r;''~'~,''h~-,w8~t,iJi:\tiirtM""'i''''''''0>,'Cli",c~--,,t~'J0i>q",,,},~!m,1",,,"i!';;Phi%t":U\!;1~lIIiiijJ]'
'-'""R!!rr~r,~~MJ:Kj~"""'''~- LlitiIlliIllll"- ,-, ~,
~
VINV^lASNN3d
~'''rn') "1' ""l"'lnn
1'\: I" ,.'';' ,'''_'-"'"'',;'',,
I ...1, ~,,-" c -,,' ", ,( ,'I V
.,.-..' [} [!!oJ
00:b ;-':1;
~ 1 LJ3 i D
,:,:;1.1.
"
:1.1
!!"!':~
.~~ ~
, _". >' c ",'''','.'''~ ~ ~,. ",~"7.' ,_
~ ~
- =-
,
-
TERESA MARIE MOON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-783 CIVIL TERM
REY FRANCISCO SANCHEZ,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
PETITION TO VACATE ORDER
AND WITHDRAW ACTION
Plaintiff, Teresa Marie Moon, by and through her attorney, Joan Carey of MidPenn Legal
Services, requests that the Court vacate the Temporary Protection From Abuse Order, which includes
custody, 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 was issued by this Court on February 8, 2001, scheduling a hearing for
February 16, 2001, at 10:00 a.m. before President Judge Hoffer in Courtroom NO.3 of the
Cumberland County Courthouse.
2. The parties are in the process of reconciling their differences.
3. Plaintiffrequests that the Temporary Protection From Abuse Order, including custody,
be vacated and the action withdrawn without prejudice to her.
WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the
Order, and that the action be withdrawn without prejudice to Plaintiff.
o Carey, Attorney for PI . tiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
" jli
>---
-,,;:,, ",.,~--..--- -"
"1;
VERIFICATION
I veri1y 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~eb.) ~ I 9do 1
02/15/01 THU 10:57 FAX 717 240 6573
~ ~-
ilII~
CUMB CO PROTHONOTARY
19J001
***************************
*u MULTI TN REPORT ***
***************************
TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2459
[ 03J9p2438026
[ 01I9P2405331
[ 04192490779
LEGAL SERVICES
CENTRAL PROCESS
PSP
ERROR
------~.
,
OFFICE OF THE PROl'HCNYI'ARY
CUMBERLAND <XXJN'h' COUR'IHOOSE
ONE CClJRTHCVSE SQUARE
CARLISLE. PA. 17013-3387
(717) 240-6195
FAX (717) 240-6573
cf
lS
TO: PA STATE POLICE
VIA TELECOPIER
FAX #:
117-249-0719
.'
f'RCM ,
CURTIS R. LONG
RE:
PFA ORDERS
MESSAGE:
.z
, ~ ~ ~. OF PAGES (INCLUDING COVER SHEET)
This ~ is inu"lW O1ly :fbc." tiE !.Be of tte in:livid.Bl cr. Entity lD ~ is is ..j;..~, .nl tray
CUltain infurm:ltim ttat is p::iv;iJ.Egrl. <:mfit:Enl:ial <n:l earpt fron n;.....l.".m trd3c- "W1 ;rml,,}&t. If
I:l:e ~ of this ~ is rot I:l'e .inteni;(J =jpian:, jO.I are ~ rotifia:l ttflt Grrf ~tia1,
diStribJdID CIL awing r:J! this a:nm..nicatim is strlctly );nh:ibi.ted. If}':ll \"EM! m;;Ei\€rl \JuS
ClJII1'U1ir.r..irn in =. pl..ea3e rotify LS imre:liately ty tBlel;h:rn a-d ~etum tiE aigimlu : "T to i.S at
. .....- 11 r """""""""'1 a:snrin:':> ."I1-A'ik \.t11.
-
'.
.. , '~- J... '''.;
SHERIFF'S RETURN - OUT OF COUNTY
.
,
CASE NO: 2001-00783 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TERESA MARIE MOON
VS
SANCHEZ REY FRANCISCO
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
SANCHEZ REY FRANCISCO
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within PROTECTION FROM ABUSE
On March
8th , 2001 , this office was in receipt of the
attached return from DAUPHIN
sheriff's Costs:
Docketing
out of County
surcharge
.00
.00
.00
.00
.00
.00
00/00/0000
S
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
~;
this /f,!:;:
day of ~
2cv r
C}"
A.D.
Q 'ht.l ifJ L-.- ~
Prothonot~ry
.-<-
~>.
,
. ,
.. ,~
~iID-':;
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-00783 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TERESA MARIE MOON
VS
SANCHEZ REY FRANCISCO
CPL. TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
SANCHEZ REY FRANCISCO
the
DEFENDANT
, at 0014:45 HOURS, on the 12th day of February, 2001
at FOE: COAKLEY'S PUB & REST.
305 BRIDGE ST
NEW CUMBERLAND, PA 17070
by handing to
REY FRANCISCO SANCHEZ
a true and attested copy of PROTECTION FROM ABUSE
together with
AND CUSTODY, 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
So Answers:
18.00
11.16
.00
10.00
.00
39.16
r~~<<~?'i
R. Thomas Kline
02/14/2001
me this It., (:{:.
day of
..------ .::..----
By: clq;?ffii-
De uty Sneri
Sworn and Subscribed to before
~ JJroI A.D.
Cb;p Q~ ~
othonotary ,
~ ~
"' __e'
--'~',-"" -'-' '.",~, -
,c.';
@iiite of tfrt ~4triff
William T. Tully
Solicitor
Ralph G. McAllister
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg,P~lvarrm 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
MOON TERESA MARIE
vs
County of Dauphin
SANCHEZ REY FRANCISCO
Sheriff's Return
No. 0396-T - -2001
OTHER COUNTY NO. 01-783
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for SANCHEZ REY FRANCISCO
the DEFENDANT named in the within PFA/CUSTODY/NOTICE OF HEARING & ORDER
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, March 2, 2001
NEED A BETTER ADDRESS. PER CINDY CLAYTON DEFENDANT DOES NOT LIVE THERE
ANYMORE.
Sworn and subscribed to
So Answers I
Jf~
before me this 2ND day of MARCH, 2001
.~ C!.. ~~
I
Sheriff of Dauphin County, Pa.
PROTHONOTARY
By
Deputy Sheriff
Sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
-
..- ."
-~
- ~
eM ,-, "" ',C<_ ;,,'"
~ ~'~,"
In ,The Court of Common Pleas of Cumberland County, Pennsylvania
Teresa Marie Moon
VB.
Ray Francisco Sanchez
No. 01-783 Civil
Now,
2/8/01
, 20 "fQ , I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.. -'/~.
. . ~~~~J!
Sheriff of Cumberland County, PA
Affidavit of Se:rvice
Now,
,20_,at
o'clock
M. served the
within
upon
at
by handing to
a
copy ofthe original
and made Imown to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of
20
'-
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
ill:
w,
~ ,
~, ~~ ~
-' ,
ji:
TERESA MARIE MOON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01- 7<J S CIVIL TERM
REY FRANCISCO SANCHEZ,
Defendant
: 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.
-,-
. A hearing o~this DJatter is scheduled on the iE;r~~~ of February, 2001, at~.~.,
DJ Courtroom NQ..3bn the 4th Floor of the CumberJanifCoul1ty 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 US.C. ~2265, this Order is enforceable
anywhere in the United States, tnballands, US. Territories and the Commonwealth of Puerto Rico. If you
travel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 US.C. ~ 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer represent
you at the hearing, The court will not, however, appoint a lawyer for you. If you do not have a lawyer or
cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If
you cannot find a lawyer, you may have to proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, Pennsylvania 17013
Telephone Number: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
.,
~~
.-- '''''"-
,,-
,--, ^ "'~'.-,-,
~,"^'
TERESA MARIE MOON,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYL VANIA
v.
: Civil Action - Law
.
; No. 01- 7~3
REY FRANCISCO SANCHEZ,
Defendant
: Protection From Abuse and
: Custody
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: REY FRANCISCO SANCHEZ
Defendant's Date of Birth is: April 10, 1978
Defendant's Social Security Number is: 583-59-9087
Name( s) of AIl protected persons, including Plaintiff and minor children:
1. TERESA MARIE MOON
AND NOW, on 8th Day of February, 2001 upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following. Temporary
Order:
Plaintiff's request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any
place where they might be found.
f'"-.i. ,~ _ ,~. ~"--"~
-... i'"--
'~
2. Except for such contact with the minor child/ren as may be permitted under
paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT
with Plaintiff, or any other person protected under this Order, at any location,
including but not limited to any contact at Plaintifl's school, business, or place of
employment. Defendant is specifically ordered to stay away from the following
locations for the duration of this order.
Plaintiff's current residence and any other residence she may establish for
herself during the term of this Order:
212 3rd Street, Apt. 8
New Cumberland, PA
Plaintiff's parents' residence:
94 White Dogwood Drive
Etters, PA (York County)
3. Except for such contact with the minor child/ren as may be permitted under
paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other
person protected under this Order, by telephone or by any other means, including
through third persons.
4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded
temporary custody of the following minor child/ren:
1. AARlYANNA JADE MOON
2. REY ANTHONY SANCHEZ
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
Defendant's contact with the parties' minor children is suspended pending
further Order after the hearing scheduled in this case.
The local law enforcement agency in the jurisdiction where the child/ren are
located shall ensure that the child/ren are placed in the care and control of the
Plaintiff in accordance with the terms of this Order.
5. The following additional relief is granted:
Defendant is prohibited from having any contact with Plaintiff's relatives.
Defendant is ordered to refrain from harassing Plaintiff's relatives.
Enjoin Defendant from damaging or destroying any property jointly owned
by the parties or any property owned solely by Plaintiff.
i-
l....1 '~i<-,
,,,
..,,'
""
"
=-~ .....r~~:tJt-.^.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
New Cumberland Police Department
Fairview Township Police Department (York County)
7. The sheriff, police or other law enforcement agencies are directedto serve the
Defendant with a copy of the Petition, any Order issued, and the Order for Hearing
without prepayment of costs. The Petitioner will inform the designated authority of
any addresses, other than the Defendant's residence, where Defendant can. be
served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
8. TIllS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL AUGUST 8, 2002 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY TIllS 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 fine 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'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 US. 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 4 of this Order,
defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest
for violation of this Order may be made without warrant, based solely on probable
cause, whether or not the violation is committed in the presence oflaw enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the Sherifi'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 weaponls are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
cilll'~' J.-__
~"-u,.;,' ;,_,
-- -i
.-,
,., '
., ".\}"
arrest.
BY THE COURT'
Ir~~ ,t;.. .~
r. Ju~- \
~~ ,
Distribution to:
MidPenn Legal Services
8 Irvine Row, Carlisle, P A 17013
(717) 243-9400
Faxed & Mailed to PSP
T RUE COpy FROM RECORD
In Testimony whereof, I nere unto set my llano
and' I of said C Carlisle. ~'_ J
Tnl y 0 ttrJN!-
~~
-
~ ~",
L. . "~ ,
",
j@.~~k
PFAD Number: XC1191853J
TERESA MARIE MOON,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYL VANIA
v.
: Civil Action - Law
REY FRANCISCO SANCHEZ,
Defendant
.
: No. 01- 7'a3
: Protection From Abuse and
: Custody
PETITION FOR PROTECTION FROM ABUSE
1. Plaintifi'sname is:
TERESA MARIE MOON
2. L (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. TERESA MARIE MOON
4. Plaintifi's Address is: 212 3rd Street, Apt. 8, New Cumberland, PA 17070
5. Defendant's Name is:
REY FRANCISCO SANCHEZ
6. Defendant is believed to Iive.at the following address:
c/o Cindy Slayton, 318 Muench Street, Harrisburg, PA 17102
~t'H""'." ' .,~ G
i" ~
.' k.~ k ,-~, ''', ,;
,-- .'~,.;.' }i,
7. Defendant's Social Security Number is:
583-59-9087
8. Defendant's Date of Birth is:
April 10, 1978
9. Defendant's Place of employment is:
CoakIeys Pub and Restaurant, Bridge St., New Cumberland, PA
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Parents of the same children
Current or former sexual/intimate partner
Persons who live or have lived like spouses
12. The defendant has been involved in a criminal court action.
13. Plaintiff and Defendant are the parents of the following minor child/reo:
a. AARIYANNA JADE MOON
Age:lyear old
Child's address is:2U 3rd Street, Apt. 8, New Cumberland, PA 17070
b. REY ANTHONY SANCHEZ
Age: Imonth old
Child's address is: 212 3rd Street, Apt. 8 , New Cumberland, P A 17070
14. Plaintiff is seeking an Order of child custody as part of this petition.
The following is a list of the children and where they have live for the past 5 years:
a. AARIYANNA JADE MOON
For the past 5 years, this child has lived with:
Plaintiff, and Aariyanna's brother, Rey Anthony Sanchez, at 212 3rd Street,
Apt. 8, New Cumberland, PA~ from January 28, 2001, to the present.
~~rLI
~c
'-.->;
~,-~ -"
~-- '",:
Plaintiff, Defendant, and brother, Rey, at 212 3rd Street, Apt. 8, New
Cumberland, PA, from December 8, 2000, until January 28, 2001.
Plaintiff and Defendant at 2123rd Street, Apt. 8, New Cumberland, PA, from
March 2000 to December 8, 2000.
Plaintiff, her parents, Judy and Leroy Moon, and Plaintiff's brother, Tommy
Moon, at 94 White Dogwood Drive, Etters,PA, from February 2000, to March
2000.
Plaintiff, Defendant, Defendant's brother, his girlfriend, and their 3 children,
at 318 Meunch Street, Harrisburg, PA, from December 1999, to February
2000.
Plaintiff, her parents, Judy and Leroy Moon, and Plaintiff's brother, Tommy
Moon, at 94 White Dogwood Drive, Etters, PA, from Aariyanna's birth on
October 21, 1999, to December 1999.
b. REY ANTHONY SANCHEZ
For the past 5 years, this child has lived with:
Plaintiff, and Rey's sister, Aariyanna Jade Moon, at 212 3rd Street, Apt. 8,
New Cumberland, PA, from January 28, 2001, to the present.
Plaintiff, Defendant, and sister, Aariyanna, at 212 3rd Street, Apt. 8, New
Cumberland, PA, from Rey's birth on December 8, 2000, until January 28,
2001.
15. The facts of the most recent incident of abuse are as follows:
On about Sunday, January 28, 2001
location: 212 3rd Street. New Cumberland, Pennsylvania, Plaintiff's residence
Defendant shoved Plaintiff onto the bed, pulled her hair, shoved her to the floor, threw a box of
hot chocolate at her, and slapped her in the face. Defendant shoved Plaintiff causing her to hit
her head on the coruer of the cabinet, shoved her to the floor and when she tried to get up, he
shoved her back down, and kicked her about the back several times. When Plaintiff tried to
telephone for help, Defendant knocked the telephone receiver out of her hand, and slapped her
about her head and face. After Defendant left the apartment, Plaintiff telephoned 911. Plaintiff
sustained bruising, swelling and soreness about her head and legs as a result of tbis incident. The
New Cumberland Police arrested Defendant, charged him with simple assault, and placed him in
Cumberland County Prison,
16. Prior incidents of abus.e that the Defendant has committed against Plaintiff or the minor child/ren,
(including any threats, injuries, or incidents of stalking) are as follows:
On or about December 23, 2000, Defendant shoved Plaintiff down onto the couch, punched her
.-"';';'..u c'.
'co.
,,-'
"' -, ,--",
, ) j ,;,' -, c.,~. ,
"
, ~-&'
.
in the face twice, took the telephone to prevent her from calling for help, and left the residence.
Plaintiff sustained redness, swelling and soreness about her face as a result of this incident.
In or about summer 2000, Defendant threw the baby's walker at Plaintiff hitting her on the knee
with it. Plaintiff sustained bruising, swelling and soreness about her knee as a result of this
incident.
Since approximately December 1999, as often as twice a week, Defendant has abused Plaintiff in
ways including, but not limited to the following: shoving, slapping, punching, kicking, and
pulling her hair. Defendant has threatened Plaintiff telling her that if she ever calls the police on
him, he will have his family members harm her. In addition, Defendant threatened Plaintiff
saying that if he cannot harm her, he will harm her family, and ill October 1999, threatened to
kill Plaintiff's mother. These incidents have caused Plaintiff pain and reasonable fear of
imminent serious bodily injury.
17. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
New Cumberland Police Department
Fairview Township Police Department (York County)
18. There is an immediate and present danger offurther abuse from the Defendant.
19. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER, and AFTER BEARING, A FINAL ORDER THAT WOULD DO THE
FOLLOWING: '
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or
minor child/ren in any place where Plaintiff may be found.
b. Award Plaintiff temporary custody ofthe minor child/ren and place the following
restrictions on contact between Defendant and child/ren:
Defendant's contact with the parties' minor children is suspended pending
further Order after the hearing scheduled in this case.
c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren,
either in person, by telephone, or in writing, personally or through third persons,
including but not limited to any contact at Plaintift's school, business, or place of
employment, except as the court may find necessary with respect to partial custody
and/or visitation with the minor child/ren.
d. Prohibit Defendant from having any contact with Plaintift's relatives and Plaintifl's
children listed in this petition, except as the court may find necessary with respect to
llart!aI <:!!~tody <md/or vi.~it<ltio!l. with tRll minor c/lild/rll!l.,
e. Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren,
including medical support .
.~.
~. ,
-' ; ,," ",--,";,-~ '"
~~~,,-
f. Order Defendant to pay the costs of this action, including filing and service fees.
g. Order the following additional relief; not listed above:
Order Defendant to refrain from harassing Plaintiff's relatives.
Enjoin Defendant from damaging or destroying any property jointly owned by
the parties or any property owned solely by Plaintiff.
Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding
sources to pay the cost of litigating this case.
h. Grant such other relief as the court deems appropriate.
1. Order the police or other law enforcement agency to serve the Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The petitioner
will inform the designated authority of any addresses; other than the Defendant's
residence, where Defendant can be served. "
Respectfully Submitted by:
D vid A. Lopez, Esq.
Agency: MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
~I"
~~
.
";;.,." I
~ -~-=iw.~
,- '~, .
~~"iti
VERlFICA TION
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: ;). J - 0 d
T~~WU'\
iilli~~_~)Jiliili:~(liTIir;~~k~!ilb;@i;;",."'d""K'-;!'"__,,;_,_, ~";,r,.,'-"""''''''"'l",<!morl!J,,qj~M;!l;::ffWi';M-~~ '
__~f;"""-~ tm~1~oOilrili.\M!lilM1~~
.4>
,::;f)~.,o;:.
" t
.,~
V1NV^1),SIHf3d
-:1"'1 S i-'1i.J,"1J
\\1, Hd to \1 B Q~j
. . J"""I"
.,\J,.NfHi:J _~ti'1 it ,H-'~ ~
::I:l1113HS 31-11 ,0 3~1::I:lO
.....
.
~.
~~#->
(~~
0:
,.,-."
,I,
'I fllll! rr-4_:-,
,
TERESA MARIE MOON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01- 7~ 3 CIVIL TERM
REY FRANCISCO SANCHEZ,
Defendant
: 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.
~....... .
A hearing on this matter is scheduled on the day of February, 2001, at /o:O{j A.m.,
in Courtroom No..3c ou the 4" Floor of the Cumbe and 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 US.C. ~2265, this Order is enforceable
anywhere in the United States, tribal lands, US. Territories and the Commonwealth of Puerto Rico. If you
travel outside of the state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 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 may have to proceed without one.
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 Cumberland County is required by law to comply with the Americans
with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or busmess before the court. You must attend the
scheduled conference or hearing.
'!:;l"'-~"~~~ ' ... ,. ~
-', -,'-" l',", I
-.
,."
-_ow 'p
,
TERESA MARIE MOON,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYL VANIA
v.
: Civil Action - Law
REY FRANCISCO SANCHEZ,
Defendant
; No. 01- 113
: Protection From Abuse and
: Custody
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: REY FRANCISCO SANCHEZ
Defendant's Date of Birth is: April 10, 1978
Defendant's Social Security Number is: 583-59-9087
Name(s) of All protected persons, including Plaintiff and minor children:
1. TERESA MARIE MOON
AND NOW, on 8th Day of February, 2001 upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
Plaintiff's request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any
place where they might be found.
~-'_.:$-L- ".
.,
1- __
2. Except for such contact with the minor child/ren as may be permitted under
paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT
with Plaintiff, or any other person protected under this Order, 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.
Plaintiff's current residence and any other residence she may establish for
herself during the term of this Order:
212 3rd Street, Apt. 8
New Cumberland, PA
Plaintiff's parents' residence:
94 White Dogwood Drive
Etters, PA (York County)
3. Except for such contact with the minor child/ren as may be permitted under
paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other
person protected under this Order, by telephone or by any other means, including
through third persons.
4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded
temporary custody of the following minor child/ren:
1. AARIYANNAJADEMOON
2. REY ANmONY SANCHEZ
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
Defendant's contact with the parties' miuor children is suspended pending
further Order after the hearing scheduled in this case.
The local law enforcement agency in the jurisdiction where the child/ren are
located shall ensure that the child/ren are placed in the care and control of the
Plaintiff in accordance with the terms of this Order.
5. The following additional relief is granted:
Defendant is prohibited from having any contact with Plaintiff'.s relatives.
Defendant is ordered to refrain from harassing Plaintiff's relatives.
Enjoin Defendant from damaging or destroying any property jointly owned
by the parties or any property owned solely by Plaintiff.
).
~- t- --,~ f.J,.:':
;"'~ .i~ ~.
=.
_._,' i
=."~
6. A certified copy of this Order shall be providedto the police department where
Plaintiff resides and any other agency specified hereafter:
New Cumberland Police Department
Fairview Township Police Department (York County)
7. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy of the Petition, any Order issued, and the Order for Hearing
without prepayment of costs. The Petitioner will inform the designated authority of
any addresses, other than the Defendant's residence, where Defendant can be
served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
8. TIllS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL AUGUST 8, 2002 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY TIllS 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 fine 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'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 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 plaintifl'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 4 of this Order,
defen(lant shall be arrested on the charge of Indirect Criminal Contempt. An arrest
for violation of this Order may be made without warrant, based solely on probable
cause, whether or not the violation is committed in the presence oflaw enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the 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 weapon/s are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
~""-!li'~
J. ,_~ <.
," ~
,I " -, ~--.'-" '_~ ~-ti-.
arrest.
BY THE COURT:
~d~JE.
/
~
..~~
Distribution to:
MidPennLegal Services
8 Irvine Row, Carlisle, P A 17013
(717) 243-9400
Faxed & Mailed to PSP
TRUE COpy FROM RECORD
10 Testimony whereof, I hlireuntMet my hana
and thll seal of said Co t-Carlislll.."pa'j
Thi 1I day cX'a?
~,..
, '-- ~- ,~.
.0-__ ; ,
~' "'i_"":;;-""'. ' _f ,,', l-, ~ - . "M",; }.,
PFAD Number: XC1l91853J
TERESA MARIE MOON,
Plaintiff
: In the Court of Common Pleas of
: CUMBERLAND County,
: PENNSYLVANIA
v.
. : Civil Action - Law
REY FRANCISCO SANCHEZ,
Defendant
: No. 01- 78;
: Protection From Abuse and
: Custody
PETITION FOR PROTECTION FROM ABUSE
1. Plaintifi's name is:
TERESA MARIE MOON
2. I, (the Plaintifl), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. TERESA MARIE MOON
4. Plaintifi's Address is: 212 3rd Street, Apt. 8, New Cumberland, PA 17070
5. Defendant's Name is:
REY FRANCISCO SANCHEZ
6. Defendant is believed to live at the following address:
c/o Cindy Slaytou, 318 Muench Street, Harrisburg, PA 17102
~""""",,
,'--
~.
, ~ ~~-' ~i\<
7. Defendant's Social Security Number is:
583-59-9087
8. Defendant's Date of Birth is:
April 10, 1978
9. Defendant's Place of employment is:
Coakleys Pub and Restaurant, Bridge St., New Cumberland, PA
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Parents of the same children
Current or former sexual/intimate partner
Persons who live or have lived like spouses
12. The defendant has been involved in a criminal court action.
13. Plaintiff and Defendant are the parents of the following minor child/ren:
a. AARIYANNA JADE MOON
Age:lyear old
Child's address is: 212 3rd Street, Apt. 8, New Cumberland, PA 17070
b. REY ANTHONY SANCHEZ
Age: Imonth old
Child's address is: 212 3rd Street, Apt. 8, New Cumberland, PA 17070
14. Plaintiff is seeking an Order of child custody as part of this petition.
The following is a list of the children and where they have live for the past 5 years:
a. AARIYANNA JADE MOON
For the past 5 years, this child has lived with:
Plaintiff, and Aariyanna's brother, Rey Anthony Sanchez, at 212 3rd Street,
Apt. 8, New Cumberland, PA, from January 28,2001, to the present.
~""" ~-~-.
~ ~
. "
"
<,.- ,"-
~ ;$"
Plaintiff, Defendant, and brother, Rey, at 212 3rd Street, Apt. 8, New
Cumb~rland, PA, from December 8,2000, until JaIiuary 28, 2001.
Plaintiff and Defendant at 2123rd Street, Apt. 8, New Cumberland, PA, from
March 2000 to December 8, 2000.
Plaintiff, her parents, Judy and Leroy Moon, and Plaintiff's brother, Tommy
Moon, at 94 White Dogwood Drive, Etters, .p A, from February 2000, to March
2000.
Plaintiff, Defendant, Defendant's brother, his girlfriend, and their 3 childreu,
at 318 Meunch Street, Harrisburg, PA, from December 1999, to February
2000.
Plaintiff, her parents, Judy and Leroy Moon, and Plaintiff's brother, Tommy
Moon, at 94 White Dogwood Drive, Etters, PA, from Aariyanna's birth on
October 21, 1999, to December 1999.
b. REY ANTHONY SANCHEZ
For the past 5 years, this child has lived with:
Plaintiff, and Rey's sister, Aariyanna Jade Moon, at 212 3rd Street, Apt. 8,
New Cumberland, PA, from January 28, 2001, to the present.
Plaintiff, Defendant, and sister, Aariyanna, at 212 3rd Street, Apt. 8,New
Cumberland, PA, from Rey's birth on December 8, 2000, until January 28,
2001.
15. The facts of the most recent incident of abuse are as follows:
On about Sunday, January 28, 2001
location: 212 3rd Street. New Cumberland, Pennsylvania, Plaintiff's residence
Defeudant shoved Plaintiff onto the bed, pulled her hair, shoved her to the floor, threw a box of
hot chocolate at her, aud slapped her in the face. Defendant shoved Plaintiff causing her to hit
her head on the coruer of the cabinet, shoved her to the floor and when she tried to get up, he
shoved her back down, and kicked her about the back several times. When Plaintiff tried to
telephone for help, Defendant knocked the telephoue receiver out of her hand, and slapped her
about her head and face. After Defendant left the apartment, Plaintiff telephoned 911. Plaintiff
sustained bruising, swelling and soreness about her head and legs as a result ofthis incident. The
New Cumberland Police arrested Defendant, charged him with simple assault, and placed him in
Cumberland County Prison. .
16. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren,
(including any threats, injuries, or incidents of stalking) are as follows:
On or about December 23, 2000, Defendant shoved Plaintiff down onto the couch, punched her
~""-
.... ~
. L ~
, =
,,-- '-
:jj"
in the face twice, took the telephone to prevent her from calling for help, and left the residence.
Plaintiff sustained redness, swelling and soreness about her face as a result of this incident.
In or about summer 2000, Defendant threw the baby's walker at Plaintiff hitting her on the knee
with it. Plaintiff sustained bruising, swelling and soreness about her knee as a result ofthis
incident.
Since approximately December 1999, as often as twice a week, Defendant bas abused Plaintiff in
ways including, but not limited to the following: shoving, slapping, punching, kicking, and
pulling her hair. Defendant has threatened Plaintiff telling her that if she ever calls the police on
him, he will have his family members harm her. In addition, Defendant threatened Plaintiff
saying that if he cannot harm her, he will harm her family, and in October 1999, threatened to
kill Plaintiff's mother. These incidents have caused Plaintiff pain and reasonable fear of
imminent serious bodily injury.
17. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
New Cumberland Police Department
Fairview Township Police Department (York County)
18. There is an inunediate and present danger of further abuse from the Defendant.
19. 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:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or
minor child/ren in any place where Plaintiff may be found.
b. Award Plaintuftemporary custody ofthe minor child/ren and place the following
restrictions on contact between Defendant and child/ren:
Defendant's contact with the parties' minor children is suspended pending
further Order after the hearing scheduled in this case.
c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren,
either in person, by telephone, or in writing, personally or through third persons,
including but not limited to any contact at Plaintiffs school, business, or place of
employment, except as the court may find necessary with respect to partial custody
and/or visitation with the minor child/ren.
d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs
children listed in this petition, except as the court may find necessary with respect to
p;trt-i;tl wl!tQdy ;tndlQr vil!!t;tt!Qn with the m!nQr ctli!dlren.
e. Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren,
including medical support .
~_.. -~
,,~
, .~
L it '1 ~ ;;Th".-'!
.
f. Order Defendant to pay the costs of this action, including filing and service fees.
g. Order the following additional relief: not listed above:
Order Defendant to refrain from harassing Plaintiff's relatives.
Enjoin Defendant from damaging or destroying any property jointly owned by
the parties or any property owned solely by Plaintiff.
Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding
sources to pay the cost of litigating this case.
h. Grant such other relief as the court deems appropriate.
i. Order the police or other law enforcement agency to serve the Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The petitioner
will inform the designated authority of any addresses, other than the Defendant's
residence, where Defendant can be served. "
D vid A. Lopez, Esq.
Agency: MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Respectfully Submitted by:
;;_~",,,_,,'lh;,lo,,,_~
,,,,..
'," ,-
. ". " .-! ~_.s
-',
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: :J - J - 0 d-
T~~
~
(g
(?S\
~~~JA~~!'_"-i;;;;]~i11\a;,~~&!itl"'R>W,;C;;,lie:",~;-,j:i"""~hP.'f:';d'l0_ili&~itloii"",!J/!_'JitJ~ ( r
,;, ~ ,.--,'C< Liiili!JI,~lIlIi"1~1iWlli~~"~~-l "-""-"'~"'" '
\1!.'d1
~
=
Ib!!=
Ib!!=
~
d~
~C21::,
~1(c:>)
~
~
".\ ", -:I c\
'I \ -,rln:)
,~\"~ 1\ t.;';""C}
"J~\ (~,\ \ i.,l.J
- . t\ ~a~
\ II ~~ 'lS til
. r. '''''':-' }\w\f\O
\\~(/\ DH~ "cQo3~\~:lO'
},~~,~\\S j\\l. · '
,:l:l\O~
~d
@h,-1-r
(c'::::)' :s<:
:::::=:;~
~
., -"<' ,,-
!h!~
~~
~::'JJ
fhI.1=,
!!db
=.=
~
B