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HomeMy WebLinkAbout00-02909 '" ',,,-,,,,,' """',. -<':c.' 'W:';' - Stacy Levan, for herselr, and on behalf, of the minor child, Lily Kay Levan, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- .:L909 CIVIL TERM Larry Levan, 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~1999, at 3 ~)D in Courtroom No.~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. f.m., 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 injail 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 V.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 fmd 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. --.,... Or- "If]L!::U"";-~ '1'-.'- hO -..,./.."'/1.....1- "'. t''i"'iCi!~!...I:'':'r:: 00 Nm, . 'i,07ilRy fiY _q ~. _ k'~" CUIi,/;~c I II 3: S! II.J<;:Llj. . Pr::'1J../J,,\V ., -NNS'riVJI ~plJ;vry 1/iIVV:t; -.. ,~ -'.. _~~ " _ ,~~"L~ _ ~.~,_",,~I!~IMl~llJ",,~,;Wji~f&;iIt!m<tff&l:f; - ~, .Y~ _~ .~."n_ ""- ..' Stacy Levan, for herself, and on behalf of the minor child, Lily Kay Levan Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 0-0. .290'1 ~ -r~ Larry E. Levan Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Larry E. Levan Defendant's Date of Birth is: September 1, 1965 Name(s) of All protected persons, including Plaintiff and minor children: I. Stacy Levan 2. Lily Kay Levan AND NOW, on 9th Day of May, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs 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. 2. Except for such contact with the minor child/ren as may be pennitted under paragraph 4 ofthis 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 residence wherever that may be, and Plaintiff's place of employment located at the Claremont Nursing Home, Claremont Drive, Carlisle, Pennsylvania. 3. Except for such contact with the minor child/ren as may be pennitted 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 ofthe final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. Lily Kay Levan Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Plaintiff shall have primary physical and legal custody of the child. Defendant shall have no contact with minor child until further Order of Court. 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 Plaintiffs relatives, except as the court may fmd necessary with respect to partial custody and/or visitation with the minor child. - Defendant is enjoined from damaging, destroying, removing, or selling any property owned by Plaintiff. 6. 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. 7. THIS ORDER APPLIES IMMEDlA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MAY 9, 2001 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 injail. 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 hirn/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. 992261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS _=0 "" '__~__'o_'_ ii.'I<>r.W..l..I,li.hiS, This Order shall be enforced by the police who have jurisdiction O"ver the' plaintiffs residence OR.any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 4 of this Order, defendant shall be arrested on the charge ofIndirect 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 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 arrest. ---Date i ! ,I ~ !'i '1' Ii! ,! ~ I' ! :iJ Ii! 111 iil i! il,! Iii Ii i!j II ,I! ';! 'ii Iii liJ ," ," lil iI II [1 II 11 i1 !j 'j -- 'Judge Distribution to: Legal Services Faxed & Mailed to PSP ~~,- , PFAD Number: RCI085094N Stacy Levan, for herself, and on behalf of the minor child, Lily Kay Levan Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 0-0. ;2909 Ch.x.[-r~ Larry E. Levan Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE I. Plaintiff's name is: Stacy Levan 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself - and as Parent of minor Plaintiff(s) 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Stacy Levan b. Lily Kay Levan 4. Plaintiff's address is confidential 5. Defendant's Name is: Larry E. Levan 6. Defendant is believed to live at the following address: Cumberland County Prison, Claremont Drive, Carlisle, P A 17013 7. Defendant's Date of Birth is: September 1,1965 ~,' ~,-', -', 1"'- ~_i~) 8. Defendant's 'Place of employment is: Fry Communications, Mechanicsburg, Pennsylvania 9. The relationship between the Plaintiff and the Defendant is: Spouse 10. The Plaintiff and the Defendant been involved in the following court actions: a. Divorce 11. Other details of the court action are: A divorce was filed by Plaintiff against Defendant in May of 2000, in the Cumberland County Court of Common Pleas, with the docket number of 00-2466. 12. The defendant has been involved in a criminal court action. 13. Plaintiff and Defendant are the parents ofthe following minor child/ren: a. Lily Kay Levan Age:3 Child's address is: Confidential 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. Lily Kay Levan For the past 5 years, this child has lived with: 1996-present 4105 Sears Run Drive, Mechanicsburg, Pa. 1705 minor child lived with parents: Stacy Levan Larry Levan 15. The facts of the most recent incident of abuse are as follows: On about Tuesday, May 02, 2000 at approximately 12:15PM location: 4105 Sears Run Drive, Mechanicsburg, Pennsylvania 17055 Defendant threatened to hit Plaintiff and punched her repeatedly as she held the minor child in her arms. Defendant came up behind Plaintiff, grabbed her around the neck, and choked her until she blacked out and fellto the floor. Plaintiff woke up with the minor child still in her arms and Defendant threatened "You know I can kill you" , causing Plaintiff to fear for her life and that of the minor child's. Defendant pulled back his foot as if he were going to kick Plaintiff, and would not allow her to call the police. The next morning, Plaintiff fled with the minor child to the home of her sister and called her mother who took Plaintiff to the emergency room at Harrisburg Hospital for medical treatment. Plaintiff suffered a sore neck and difficulty breathing and swallowing. The Hampden Police Department was notified of the incident by " -~~'" " _ ',. Ie ;' --. hospital personel. 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 March 16, 2000, Defendant punched the plaintiff repeatedly about her body and pushed her to the ground. Plaintiff suffered from pain and soreness for a few days following the incident. Since approximately November 1996, Defendant has abused Plaintiff in ways including the following: pushed, slapped and choked Plaintiff. 17. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Hampden Townsip Police Department Silver Springs Police Department 18. There is an immediate and present danger of further abuse from the Defendant. 19. The Defendant owes a duty of support to Plaintiff and/or minor child/ren. 20. 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 of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Plaintiff shall have primary physical and legal custody of the minor child. Defendant shall have no contact with the minor child until further Order of court. 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 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/ren. 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 pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. _ Defendant is enjoined from damaging, destroying, removing, or selling any , .-<f.-~';,:i , ,: i'! Ii , i'l ;'1 I ',I J 1,1 !:! I <I 'i 'I I, , :1 ,I .1,' , II ;j i:< 1:1 , ill 'I !.i 'I :'1 II 'I 'I II' , , !~ II il , 1-', _'. L ,-_..____ " property owned by the Plaintiff. h. 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 infonn the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. f- /@AA~- Respectfully Submitted by: ??oari Carey . . Agency: Legal Serivces, Inc. - .~ ""'- i . ...~-''''~~--- :~ij !', l:~ l:! [,j '" N i', " (; r,; I,'. i:; !;~ !: :i ~-1 ~" - 1";""~ , 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: 5/5 / rcJ I I ,,:. ':V.Jl., j; ,^ I f; I"~ " I' Ii [; i-: ::J^ -'H^ fi , e-\-. f."" ^- t G, \;" l- t>\- "2;~ ""\) '''iiIfl '.IiI.I...._...."'~.__ IOU ..~~liaU_t4 ~~1iI\ , ~ \ \ ~, \ b'" \'l .~ ~ ~ \ ~ ~.; '"." ,,"'.. "~ -, --^ ~-O".^-- c, r? -rJ~'~ U'}h1 7~i;'; t~~ f1~~ :~;.::-, :'~.:7'c-' >"(:~ ~ , .,.. .;'::) o "'1"1 .._~ ,~;!~_:-zm "'r f~& f'.5-::l,,;. ""10 Q~"n,:' ~ -< :.";'11 \ \.D -T:) :::::; LV "'> (::J "t 0' m "'-' 05/09/00 TOE 15:35 FAX 717 240 6573 ~ ~-. - ,~;;_.: ClIMB CO PROTHONOTARY 141001 . (1~- ~9C:Fj TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* 1850 92490779 05/09 15:28 06'48 12 OK "" ' -.,~~"" Stacy Levan, for herself, and on behalf ofthe minor child, Lilyan Kay Levan Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 00-2909 Larry E. Levan Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . FINAL ORDER OF COURT Defendant's Name is: Larry E. Levan Defendant's Date of Birth is: September 1, 1965 Name(s) of All protected persons, including Plaintiff and minor children: 1. Stacy Levan 2. Lilyan Kay Levan AND NOW, this 17th Day of May, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition. The following order will be entered: Plaintiffs 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. Except as provided in Paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under . this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs residence wherever that may be, Plaintiffs place of employment located at the Claremont Nursing Home, Claremont Drive, Carlisle, Pennsylvania, and the child's daycare. 3. Except as provided in Paragraph 4 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. - ~~ :~ 4. Custody of the following minor children: 1. Lilyan Kay Levan shall be as follows: . - See attached Custody Order. 5. The following additional relief is granted as authorized by ~6l 08 of the Act: - Defendant shall not harass Plaintiffs relatives. - Defendant shall not damage, destroy, remove, or sell any property owned by Plaintiff. - The court costs and fees are waived. 6. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 7. All provisions of this order shall expire on: May 17, 2001 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 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 P A.C.S. ~6ll4. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYL VANIA 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. ~2265. 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 ~~226l- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, yOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 V.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS t;; .~- - 1._, '~ ,-- L .~ , ,.~_..._~."'~.;~-".. The police who have jurisdiction over the plain tift'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 I through 4 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to 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 shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this 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. Plaintift's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be. arraigned, bond set and both parties given otice of the date fthe hearing. ~ psP 5 ~/"OO 'ff K3 If entered pursuant to the consent of Plaintiff and Defendant: .~..~.~ Larry Levan, Defendant Pro Se Maryann Murphy Legal services, Inc. a Irvine Row Carlisle, PA 17013 Distribution to: Legal Services Faxed & Mailed to PSP ,", I ~ =- ~ t~ I ~ Ii'!.... t, r~: ,:', [' I" id Ii' r:i i~:i i,l 1'1 !;, I" 1;1, ~!'" ~K 1'.[' ,,,' ;-1 li;'.1 I'" rni Iii ,(:1[ r,<,'o ,. ~,~"_. ~ ".~ < ^~- ^~ "'0, " <- ~~ -~. ~ , - , ,J ^";" FLfJ). rr ,~/:- 00 ~'1!\'t OfFICE -_l:~;\,I:)lJ\RY IR I~ Pi1 3~ 1:.2 f>"'d :I\rr\l '~I,,+' '..J< ',i \ F c}J\".~S\'l~'./!\l' <\/\ JL '.'_ '_ 'o~M1w:rf~~~~~ " . . 1I~ ~~ ~~'Y", . . Stacy Levan, for herself, and on behalf of the minor child, Lilyan Kay Levan, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2909 CIVIL TERM Larry Levan, Defendant PROTECTION FROM ABUSE AND CUSTODY CUSTODY ORDER AND NOW~ this day of May, 2000, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Lilyan Levan (DOB S!lS!96) . l. Plaintiff, hereinafter referred to as the mother, shall have primary physical and legal of the child. I 2. Defendant, hereinafter referred to as the father, shall , have supervised visitation ,at the residence of the maternal grandmother at dates and times agreed upon by the parties. 3. The father shall not consume alcohol prior to or during his period of supervised visitation. 4. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further order of court. S. Order for a Custody After following the custody schedule set forth in this a period of at least 90 days, either party may file for Conciliation Conference. 6. The mother shall notify the father immediately of medical emergencies which arise with the child. 7. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and ., l~ - ~ -, MA.__'1",,,,,,, natural development of the child's love or respect for the other parent:. By the Court, George E. Hoffer, President Judge If ent:ered pursuant to the consent of Plaintiff and Defendant: '/ ~~ c:;::7 ~ - Larry Levan, Defendant Pro Se Maryann urphy Legal Services, Inc. a Irvine Row Carlisle, P A 17013 . ~ ~_-I , ~ ~t:ot;~ - Stacy Levan, for herself, and on behalf of : IN THE COURT OF COMMON PLEAS OF the minor child, Lily Kay Levan : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- 2909 CIVIL TERM Larry Levan, Defendant : PROTECTION FROM ABUSE AND CUSTODY ORDE~OR CONTINUANCE AND NOW, this ~ day of May, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on May 24, 2000, by this Court's Order of April II , 2000, is hereby rescheduled for hearing on June 7, 2000, at 11 :00 a.m. in Courtroom No.3. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. Joan Carey LEGAL SERVICES, INC. . --I:c i J. Attorney for Plaintiff ~ ^. Larry Levan - _ trli PRO SE DEFENDANT ~ ~i{. IJ- !I il ,jl III' I! i!1 ii' :1, it il il II " Jj II ii, 11: ;q ii'l :1 ;;, w - .- ~ ~ / ' FlLtiJ"i)Pt--If'L_ Or:: "'" Ir~ ~,,..~.;" 'vc: i "1~"'.']I'U0VOTARY no A""'~I vr I il-~ i ,.. J PI. . "} ":i. ~n '. 'J'.., "'" r'L"'1"'''" , ...... I', (..)'-_1, ": '" ill I..,;"~!I.I f;. '.iL: ""'-""1 I~f"" Dr' "'-~"~"L;lfi\!V' rcN/v.S)tt.~~A/!"f'; \ I f _L > _.:Jt.w__ ,.~!!II",'~1"'''''9~_~.T I!IM'tlI.nrrLU (l~.~ ~~.__. ~:~-- ' -- __111'0>. .. .. ~ " ,~" ~_#;",;. ~ ~ '. Stacy Levan, for herself, and on behalf of : IN THE COURT OF COMMON PLEAS OF the minor child, Lily Kay Levan : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-2909 CIVIL TERM Larry Levan, Defendant : PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The Plaintiff, Stacy Levan, 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: I. A Temporary Protection From Abuse Order was issued by this Court on May 9,2000, scheduling a hearing for May 16,2000, at 3:30 p.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at Cumberland County Prison, 110 I Claremont Drive, Carlisle, Pennsylvania, on May 9, 2000, at 5 :30 p.m. 3. The parties agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. ,~ ih .- c ,~,";,,-+:, WHEREFORE, the 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 for a period of one year from the date it was entered or until further Order of Court, whichever comes first. Joan Carey, Attorney Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 c~ 0"0 ~- -u~l1iIDt1iff~Mt ~. jj ~~~- , ''''''i.U!.'~-'"'' ^,. ~,-,I ~j~*~ iiilr~i', ~< iil.Jtil- - ''''-'',-,,.,,.,~ >~ 0 0 0 r j~ ? -n ~r~i ::l!; .::;::1 :'~ -< i'":'i~ ,- --_-_,ITl C~~ en -:-')0 c> ,'-, i :.~C) ,,1::'- '-0 ,~-~ :f.j --;;.- C, .-.,~ -,,"'. --'-"~ () :"p c--: r::? (),;n .. ~- :.) :i>! > '-, Cr':; :q -<: ..." I - ~'"'-~-~> , . ^ ~ -', -i'M,. . CASE NO: 2000-02909 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEVAN STACY ET AL VS LEVAN LARRY KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon LEVAN LARRY the DEFENDANT , at 0017:30 HOURS, on the 9th day of May , 2000 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to LARRY LEVAN a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING AND 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 So Answers: ~~r'~~t R. Thomas Kline 05/11/2000 ,I"~ Swo~~' and Subscribed to before By: me this It~ day of ~ ~A.D. Q~. /(2 ')uti!.. ,fO;;:- " P othonota:qr -; -~~ " ~ , r -~...." ~ .. SHERIFF'S RETURN - REGULAR CASE NO: 2000-02909 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEVAN STACY ET AL VS LEVAN LARRY KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT IN DIVORCE was served upon LEVAN LARRY the DEFENDANT , at 0017:30 HOURS, on the 9th day of May , 2000 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to LARRY LEVAN a true and attested copy of COMPLAINT IN DIVORCE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: , , "", 6.00 .00 .00 10.00 .00 16.00 ~~-.,~~~ R. Thomas Kline 06/11/2000 ,,' Swoin and Subscribed to before me'this It-. ~ day of ~ .;L<nr1J A. D . C#r 0 )v"ef-.,4tr ",.,prothonot,ar <r, ", ... .l1i1l I < ~""""'/', ... Stacy Levan, for herself, and on behalf of the : IN THE COURT OF COMMON PLEAS OF minor child, Lilyan Kay Levan : CUMBERLAND COUNTY,PENNSYL VANIA v. : CIVIL ACTION - LAW : NO.00-2909 CIVIL TERM Larry E. Levan, Defendant : PROTECTION FROM ABUSE vD. ORDER AND NOW, thi~day of June 2000, upon consideration of the within Petition, the portions of the Protection Order, dated May 17, 2000, which prohibit the defendant, Larry E. Levan, from having any contact with the Plaintiff including at her residence and from having any direct or indirect contact with the plaintiff, including but not limited to, telephone and written communication are vacated. In all other respects the Protection Order entered May 17, 2000, remains in effect. By the Court, e , Presi ent Judge Larry Levan Pro Se Defendant ~~ w~frJJJfA PSP 6, -J3-00 1KS Joan Carey Attorney for plaintiff LEGAL SERVICES, INC. 0 (.::) ;) c (::) n < "-- Ti ~, :- n--' " ~"~ , .- ':/_) c: 1",.' (",: f'-~: C. ,:;:,::.. C'. L C j; c--: .. "".- :::> ::,? .. ,. '''''~'''''''''''''''" _:',.,.~,. ,,_,o'-_'.r-_?_'_'"?,<,"-;;,,',^;-- -""'i.'~'" _~~:lI'F.rnlM\~_"_~I!tlIm~'"'f'lIn - 1I!!J1, ~';,' ~ - ~-~,-- # I~:-" - ~'" ' , ....i.;.,o..'--;.-- lH, .. Stacy Levan, for herself, and on behalf of the : IN THE COURT OF COMMON PLEAS OF minor child, Lilyan Kay Levan : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 00-2909 CIVIL TERM Larry E. Levan, Defendant : PROTECTION FROM ABUSE PETITION FOR MODIFICATION The plaintiff, Stacy Levan, by and through her attorney, Joan Carey, of LEGAL SERVICES, INC., represents the following: 1. The plaintiff desires that the defendant no longer be prohibited from having contact with her, including but not limited to, telephone and written communication. 2. The plaintiff desires that all other provisions of the Protection Order dated May 17, 2000, remain in effect. WHEREFORE, the plaintiff requests that the Protection Order of May 17, 2000, be modified to reflect the above terms. imn Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 ~ , ,'" 1--<.--" "-,-''-- _~" -'~ 'i-'-,--~",,-' ~'\t,1 ... ,- Verification The above-named plaintiff, Ruth C. Miller, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unswom falsification to authorities. Date:(~h.3 I(;() / 06/23/00 FRI 14:11 FAX 717 240 6573 ~t ClIMB CO PROTHONOTARY 141001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT *********~$*~*'$**** *** TX REPORT *** ********************* 1960 92490779 06/23 14:10 01'40 4 OK