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HomeMy WebLinkAbout98-00122 ~ .. ~ ~ \" ~ ~ ~ " ";) ~ ~ . ~ ./ i i ~ \. ~ -:- . .') - ~ '.... . Shcri Lou Lelevcr, : IN TIIIi COURT OF COMMON PLEAS OF Plaintilf : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98. 122 CIVIL TERM Bryan Kcller I'Iorton, Sr., Defendant PRo'mCT/ON FROM ABUSE AND NOW, this ORDRR FOR CONTINlJANCJo: JJ./Y~ day of January, 1998, upon consideration of thc allached Motion 1'01' Continuance, the hcaring schcduled for thc 14th day of Janu.1ry, 1998, at 2:00 p.m. is hereby continued generally. This Ordcr is entcred without prcjudice 10 cithcr party to rcqucst a hearing. The Temporary Protection Order shall remain in effect for one year or until modified or tenninated by the court. The Cumberland County Shctill's Department shall attempt to make service at the plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. TItis Order shall be docketed in the office of the Prothonotary and fOIWarded to the Sheriff for service. A certified copy of this Order for Continuance will be provided to the Middlesex Township Police Department by the plaintifl's allorney. . ...,-, - \ BYl':~/ I Edward E. Guido, Judge Joan Carey, Attorney for Plaintiff ,C~l..~ J((,t.--' f"unlLI\.(!iy "t. )".1'1 i' r'J.t/( Bryan Keller Horton, Sr., Pro Se . " C,. - FiU'-()_O'" f' .'7"";,: ~r~. "NC/~ , !- ','r, J'\,:-- , '')~'I'>y Cl .~. ; 1"-1 ,lJ ~I~', II " ! Fa 2: '9 (;", . ~ Jill':"';' I' F'~.:~ I....:~. .. ';,' f t.:.d\'\',l~-' I "':~~"\"I\7Y ~" '!"'/i Ii .. " Sheri Lou Lelever, : IN THE COURT OF COMMON PLEAS OF I'laintill' : CUMBERLAND COUNTY, I'ENNSYL VANIA v. : NO. 9H- 122 CIVIL TERM Bryan Keller Horton, Sr., Defendant ; PROTECTION FROM ABUSE MOTION FOR CONTINUANCE TIle plaintiff, by and through her altorney, moves the Court for an Order generally continuing the hearing in the above-captioned case on the grounds that; 1. A Temporary Protection Order was issued by thi~ Court on January 9, 1998, scheduling a hearing for January 14, 1998, at 2:00 p.m. 2. The Cumberland County Sheriffs Department selVed the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on January 9, 1998, at approximately 3:35 p.m. at Cumberland County Prison, Carlisle, Pennsylvania. 3 The parties agree that the hearing be generally continued to altempt to resolve contested issues. 4. The plaintiff requests that the Temporary Protection Order remain in effect for one year or until modified or tenninated by the court after notice and hearing. 5. A certified copy of the Order for Continuance will be delivered to the Middlesex Township Police Department by the attorney for the plaintUI WHEREFORE, the plaintifi'requests that the Court grant this Motion and continue this " m:lIler gcncrally, and Ihallhc Tcmporary Prolcetion Ordcr remain in cIlcclunlil Iurther Order of Court. 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"': Sheri Lou Lefever, IN TI IE COURT OF COMMON PLEAS OF PllIinlill' CUMOERLAND COUNTY, PENNSYLVANIA v. Bryan KeUer Horton, Sr., Defendant : NO. 98- I d- '.).. CIVIL TERM . : PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this 9 ~daY of January, 1998, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Sheri Lou Lefever, now residing at 137 Wertzville Road, Regency Woods N, Car\isle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Bryan KeUer Horton, Sr., the foUowing Temporary Order is entered. The defendant, Bryan KeUer Horton, Sr., (SSN: unknown and date of birth: 2/14/63) now incarcerated in Cumberland County Prison, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Sheri Lou Lefever, or placing her in fear of abuse. The defendant is is ordered to stay away from the plaintifi's residence located at 137 WertzviUe Road, Regency Woods N, Carlisle, Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff, and any other residence the plaintiff may establish. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintifi's relatives or her minor children. The defendant is enjoined from entering the plaintifi's place of employment or the schools of her minor children. 'I1le dcfcndant ill cluoincd frum rcmoving. damaging. dcstruying or sclling any propcrty own cd owned solely by thc plllintiIl: A vloIatlnn ofthl~ Order may ~uhjcct the defendant 10: I) arrest under 23 l'a.C.S. ti6113: II) a private criminal complaint under 23 l'a.C,S. ti61 13.1; III) a charge of Indirect criminal contempt under 23 Pa.C.S. ti6114, punishable by Imprisonment up to six months and a fine ofSIOO.OO-SI,OOO.OO; and Iv) civil contempt under 23 Pa.C.S. ti6114.1. Resumption of co-residence on the part of the plalntllTand defendant shall not nullity the provlslon~ of the court order. This Order shall remain in effect until modified or lerminated by the Court and can be extended beyond its original expiration date if the Court finds thaI the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. A hearing shall be held on this matter on the /Itll day of January 1998, at ,;( : 00 /.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. . The plaintiff may proceed without pre-payment of fees pending further order of court. The Cumberland County Sherifl's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may bc accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the officc of the Prothonotary and fOIwarded 10 the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Middlcsex Township Police Dcpartment will be provided with a certified copy of this Order by the plaintifl's attorney. This Order shall be enforced by any law enforccment agcncy whcre a violation occurs by alTcst for indirect criminal contcmpt without walTant upon probable causc that this Order has been violated, whcther or not the violalion is commilled in the presence of the police officer. In lhe event that an alTesl is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. ~ 6113). By the Court, d. liL~g O~ {.-for IT(J.... ...,d It. t ",.-J. ,::J I t .. Ot: .,.,F.il~9-qFFICr: I iI".. 11':'U"""J~""Y ,I, J."'V1 CJFJ .1/1',! -~ Plj 2: ?3 eli"'" ""J"'I~~'~~/'~:'~;c:\;) ('OUN1V CI j! \oJ rLVAf\A ~t.\l)(.)'nQ.~A \ hlnc~d -\'" L..'::" r",-~"c:;\ -\.::..$, p, c:~ rrui..Q~J ,It> S, P. () ... Shcri Lou Lefcvcr, : IN TI IE COURT OF COMMON PLEAS OF Plaintil1. v. : ClJMOERI.AND COUNTY, PENNSYLVANIA : NO. 98- I d :::l.. CIVil, TERM : PROTECTION FROM ABUSE Bryan Kcllcr Horton, Sr., Dcfcndant NOTICI<; You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are selVed, by appearing persoruilly or by attorney at the hearing scheduled by the Court and presenting to thc Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by thc Court without further notice for any money claimed in the Petition or for any other claim or rclief requested by the plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Ordcr, a surcharge of $25.00 will be assessed against you. You may also be required to pay up to $250.00 to reimburse one of Legal Services, Inc. 's funding soW'Ces for Legal Services, Inc. 's represenbtion of the plaintiff. You should take this paper to your lawyer at once. 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. CUMBERLAND COUNTY BAR ASSOCIA nON 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 infonnation about accessible facilitics and reasonable accommodations available to disabled individuals having business betore 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. Sheri Lou Lefever, : IN THE COURT OF COMMON PLEAS OF Plainlifi' v. : CUMBERLAND COUNrv, PENNSYJ.V ANIA ; NO. 98. / ~;;1 CIVIL TERM Bryan Keller Horton, Sr., Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C-S. Ii 6101 et seq. A. ABUSE I. The plaintiff, Sheri Lou Lefever, is an adult individual residing at 137 Wertzville Road, Regency Woods N, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendan~ Bryan Keller Horton, Sr., (SSN: unknown)(Date of Birth: 2/14/63), is an adult individual currently incarcerated in Cumberland County Prison, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant has had an intimate relationship with the plaintiff. 4. Sinee approximately December 1997, the defendant has attempted to cause and has intentionaUy, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed the plaintiff in reasonable fear of bodily injwy. 1bis has included, but is not limited to, the following specific instances of abuse: a. On or about January 4, 1998, the defendant grabbed the plaintiff by the hair, pulled her head backwards, and repeatedly punched the plaintilT in lhc face causing swelling. bruising, and a laceration. The pJainlilT fell to the floor and the the defendant continued to repeatedly punch her in the facc and head. Whcn thc plaintiff's I S year old daughter entered the room and screamed in fear for her mother's safety, the defendant ran outsidc and took the plaintiff's car without permission fleeing the scene. The plaintiff contacted the police, who later arrested the defendant placing him in Cumberland County Prison. The plaintiff was taken to Holy Spirit Hospital by ambulance where she received treatment including x-rays of her face and neck and stitches for the laceration. b. On or about Deccmber 27, 1997, the defendant forcefully threw a box at the plaintiff, hitting her with it causing her pain. This incident was witncssed by the plaintiff's 12 year old daughter who feared for her mother's safety and that of her own. S. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from sueh abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 2 7. '/111: plaintiJT dcsircs thatthc dclcndant hc cruoincd from harassing and stalking thc plain tilT, and from harn.~Ring the plaintiffs relatives, or hcr minor childrcn. 8. The plaintiff dcsircs that thc defcndant be restraincd from entcring hcr pIacc of cmployment or the schools of her minor children. 9. The plaintiff desircs that the defendant be enjoined from removing, damaging, destroying or selling any property owned solely by thc plaintiff. 10. Thc homc which the plaintiff is asking the Court to order thc defendant to stay away from is not owned or rented in the defendant's name. I 1. The defendant is currently incarcerated in Cumberland County Prison, Carlisle, Pennsylvania. B. LOSSES AND REIMBURSEMENT :FOR COST OF CASE 12. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. 13. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case. WHEREFORE, pursuant to the provisions of the "Protection from Abusc Act" of October 7, 1976,23 Pa.C.S. ~ 6101 et ~., as amended, the pIaintitfprays this Honorable Court to grant thc foUowing relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 3 2. Ordering the defent/antlo refrain from having any direct or indirect contact wilh Ihe plaintiff including, but not limited to, tclcphonc and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiffs relatives and her minor children. 4. Prohibiting the defendant from entering the plaintifl's place of employment or the schools of the minor children. 5. Prohibiting the defendant from rcmoving, damaging, destroying or seIling property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiffs residence located at 137 WertzviIIe Road, Regency Woods N, Carlisle, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act, " and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 4 3. Ordcring thc lIclcnllantlo rcfrain from harassing and sl.,lking the plaintiff and from harlJllsing the plaintin's rclalives and her minor childrcn. 4. Prohibiting the defendant from cntering the plain tift's place of employment or the schools of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 13 7 Wertzville Road, Regcncy Woods N, Carlisle, Cumberland County, Pennsylvania, and any other residence the plaintiff may cstablish. 7. Ordering the defendant to reimburse the plaintiff's out-of-pocket losses suffered as a resuIl of the abuse including but not limited to the losses listed on the attached sheet marked Exhibit A. 8. Ordering the defendant to pay $250.00 to reimburse one of Legal Setvices, Inc.'s funding sources for the cost of litigating this case. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hcaring, and that a certified copy/certified 5 eopics of this Petition and Order be delivered to the Middlcscx TowlIshlp Policc Department which has jurisdiction 10 enforce this Order. The plaintiff prays for such other relicf as may hc jusl and proper. Rcspeetfully suhmitted, ...J ~{j/U_< LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (71 7) 243.9400 6 The above-named plaintiff, Sheri LOll Lefever, verifies thaI the slatements made in Ihe above Petition are true and correct. The plaintiff undlo'l'SllInds that false statcmenl8 herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating 10 unsworn falsification to authorities. Date: I ~/97 Q L. c:1 /4-t-- Shen Lou Lefever, Plaintiff : NO. 98- CIVIL TERM Sheri Lou Lcfever, : IN nm COURT OF COMMON PLEAS OF Plain lilT : CUMBERLAND COUNTY, PENNSYLVANIA v. Bryan Kcller Horton, Sr., Defendant : PROTECTION FROM ABUSE OUT.Ol<'-POCKI<:T LOSSES The plaintiff requests that the defendant reimburse her out-of-pocket losses, including but not limited to the following: Any and all medical expenses not reimbursed through the plaintift's mcdical insurance coverage relating to injuries she sustained a.~ a rcsult of the incident on or about January 4, 1998. (The hospital has not biDed the plaintiff as of the filing of this petition). Exhibit A ,~, \" .A "" "" \ J , . , 0 Q ~ l . 'n rB .. 1/: ~ 1-' wO .' ,>~ ~} c:....:i:. - ~:~ ~;:,; p:q ~. ~tl~ ,.,-. . n. :i ~}~ 0 n' r;;o ..':I'i: I u:LU -,. " ~ I I . ~ '1' ... rti~ F "-' II. -J r". ~. 0 0' ::1 u oJ j ,.,' "IIEllIff'S RETlJlltI . IIEGlJLAI\ CASE NO: 1998-001:: P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEFEVER SHERI LOU VS. HORTON BRYAN KELLER SR TREVOR ){ENT CUMBERLAND County, Pennsylvania. who to law. says. the within PROTECTION FROM ABUSE upon HORTON BRYAN KELLER SR defendant. at 1535:00 HOURS, on the 9th day of January 1998 at CUMBERLAND COUNTY PRISON 1101 CLAREMOlJNT ROAD CARLISLE. PA 17013 ,CUMBERLAND , Sheriff or Deputy Sheriff of being duly sworn according was served the County, Pennsylvania, by handing to BRYAN HORTON a true and attested copy of the PROTECTION FROM ABUSE together with TEMPORARY PROTECTION ORDER AND PETITION and at the same time directing ~ attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 2.00 So answ:.?"..,/ /./ -r ~~~ -1' ,.;e;;e..f? H. Thomas K1~ne, Sher~ff $2:3.10 00/00/0000 by ~lML~1 Deputy l:iher~ff sw~rn and~ubscri~ to before th~s )J- - day 0 'WL U '7 19_2L- A. D. ~~ Q ~~.Uip;, prot ono ary me ,_0' SIIERIFT'S RETUIUI ' REGULAR CASE NO: 1998-00122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ~EFEVER SHERI LOU VS. HORTON BRYAN KELLER SR WESLEY COOK . Sheriff or Deputy Sheriff of CUMBERLAND County. Pennsylvania. who being duly sworn according to law. says, the within ORDER FOR CONTINUANCE was served upon HORTON BRYAN KELLER SR the defendant, at 1500:00 HOURS. on the 14th day of January 1998 at CUMBERLAND CO. SHERIFF'S DEPT. ONE COURTHOUSE SQUARE CARLISLE, PA 17013 . CUMBERLAND County, Pennsylvania, by handing to BRYAN KELLER HORTON SR. a true and attested copy of the ORDER FOR CONTINUANCE and at the same time directing His attention to the contents thereof. J Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 2.00 $<::0.100 So answe~~ / 0 / r-~~.t.":'~C4~~ ./' R. I homas 1\1J.ne, ::;herJ.11 00/00/0000 by ~~L~ Sworn and subscribep-to before this 1<;'<6. day of ~ 19 'if{ A. D. me ~. ~ro~ry~ .. . .~ f , ,I ; \ " ~ "