HomeMy WebLinkAbout96-01636
\
l)
I
I
,
I
~'"
I
,
J
....)
.., ,
~.~
~l
;?l
, ,;>,bV
ClNDY KAY Bl.ACK
Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. (/1__ 1'..3l0 (' (-,
Ui \,.W "- ......._.x \ '0'\1"')'
PROTECTION FROM ABUSE
CHARLES ELLIS BLACK II
Respondent
ORDER
, ,t
AND NOW, this ~ day of /'!'il\.L \,--
, 1996, upon
consideration of the within Petition for Protection from Abuse,
and after an ex parte hearing, it is hereby ORDERED and DECREED
that:
1. The Respondent shall refrain from abusing, harassing or
threatening Petitioner and the minor child(renl, either
physically or verbally, wherever they may be.
2. The Respondent is excluded from any residence in which
Petitioner or the minor child(renl reside during the pendency of
this Order.
The Respondent shall provide or pay for
alternative suitable housing approved by
Petitioner; OR
The address of Petitioner and the minor child(ren)
remains confidential to protect the Petitioner .
from the danger of future abuse by Respondent;
( ;() The Respondent is evicted from the residence at
521 C Reno Avenue, New Cumberland, Cumberland
County, Pennsylvania.
3. Respondent is prohibited from having contact with
Petitioner, including but not limited to, being restrained from
entering the place of employment, business, or school of
Petitioner and/or minor child(ren) .
4. Petitioner is awarded full custody of the following
minor child(ren) : Charles Thomas Black
5. Respondent is directed to relinquish the following
weapons to the Cumberland County Sheriff: N/A
6. The following additional relief is hereby granted:
N/A
7. Respondent is hereby notified that if he violates this
Order, he may be held in indirect criminal contempt which is
punishable by a fine not to exceed $1,000.00 and by a sentence of
up to six months in jail and by other possible relief. Consent
of Petitioner to resume contact with Respondent shall not
invalidate this Order.
8. This Order shall be enforced by any law enforcement
agency in a county where a violation of this Order occurs within
the Commonwealth of Pennsylvania.
9. A certified copy of this Order shall be served on the
police department(s) in the jurisdiction where Petitioner resides
and is employed. A certified copy of this Order shall
immediately be filed in the police county registry of Protection
Orders.
10. The Sheriff and the Prothonotary are directed to
accept, serve and file any and all copies of this petition and
Order without prepayment of costs.
11. The Order shall remain in full force and effect until
further Order of the Court.
12. A hearing is scheduled for the /5 f day of
/'ll'lc',L ,19~, at 's-.'Jt;, a..m., in Courtroom No.
~, Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
PA.
13. The Plaintiff may proceed without pre-payment of fees
pending a further order after the hearing.
14. The cumberland County Sheriff's Department shall
attempt to make service at the Plaintiff's request and without
pre-payment of fees, but service may be accomplished under any
applicable rule of civil procedure.
15. This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this Order to the
defendant.
16. The New Cumberland Police Department shall be provided "
with a certified copy of this Order by the Plaintiff's attorney.
This Order shall be enforced by any law enforcement agency where
a violation occurs by arrest for indirect criminal contempt
without warrant upon probable cause that this Order has been
violated, whether or not the violation is committed in the
presence of the police officer. In the event that an arrest is
made, under this section, the defendant shall be taken without
CINDY KAY BLACK
Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 't'l.o . J (c .~ (p (,."CT """'\
PROTECTION FROM ABUSE
v.
CHARLES ELLIS BLACK II
Respondent
PETITION FOR RELIEF UNDER
THE PROTECTION FROM ABUSE ACT
AND NOW, comes CINDY KAY BLACK, Petitioner, by and through
her attolneys, Knupp &. Kodak, P.C., pursuant to 35 P.S. !i 10181
at seq. and Pa. R.C.P. No. 1901 et seq., respectfully represents:
1. Petitioner is CINDY KAY BLACK, an adult individual, who
presently resides at 521 C Reno Avenue. New Cumberland,
Cumberland County, Pennsylvania.
2. Respondent is C~~LES ELLIS BLACK, II, an adult
individual, who presently resides at No.2, Kimberton Apartments.
Elizabethtown, Lancaster County, Pennsylvania.
3. Petitioner and Respondent are husband and wife,
been married on February 1, 1990.
4. They are the parents of one child, Charles Thomas
Black, age 5.
5. From February 1, 1990 until the present date,
Respondent has attempted to cause, or intentionally, kn~")wingly.
and recklessly has caused bodily injury to the Petitioner or
placed Petitioner by physical menace in fear of imminent serious
bodily injury or falsely imprisoned Petitioner as follows:
a. On March 25, 1996 Respondent came to Plaintiffs home
under the pretense of cashing the Income Tax Refund. Respondent
then attempted to forcibly remove the child from Plaintiffs home.
The child was able to escape and hide under the table.
ReBpondent continued verbal abuse while trying to pull child from
under the table. Respondent refused to leave the home of the
Petitioner and it was necessary to place a call to 911 requesting
assistance. In an effort to protect the child Petitioner
attempted to place the child in the home of the a neighbor. At
thiB point, Respondent followed Petitioner and child from the
home and physically attacked Petitioner and child in an effort to
take the child from the Petitioner. The Respondent grabbed
Petitioner by the hair and the child by the arm, pulling on both
individuals in an effort to remove the child from the arms of his
mother. Petitioner was able to release herself and child from
the grasp of Respondent and enter the home of the neighbor where
she waited for police to arrive.
b. At 12:30 AM on December 3, 1995, the child was sick
with the flu and crying. The Petitioner could not clam him down.
Respondent tried to hit the child by coming at him with his hand
raised. He shoved the Petitioner to try to ger. at the child.
The Petitioner would not let him get to the child. Then the
Respondent shoved the Petitioner.
c. In mid-November 1995, the child was not listening to
the Respondent. The Respondent came after the child. The child
only got away by locking himself in hiB bedroom.
d. Over Labor Day weekend, the child was crying.
Respondent grabbed the child by the arm and started shaking him.
This resulted in the child's arm being marked by fingerprintB and
bruises.
e. In the winter of 1994-1995, Respondent took a hammer to
the phone and destroyed the phone as a result of receiving a
phone bill. Respondent then came after the Petitioner with the
hammer.
f. When the child' was 1 1/2 years old, while the child was
left alone with Respondent, Respondent hit the child in the face
so hard that it left a severe bruise and a handprint on the
child's face. Kathy Graver of Childrens and Youth Services in
Lancaster County, investigated. The Respondent admitted that he
hit the child. Respondent was also required to go to drug rehab
for smoking marijuana and doing cocaine.
6. Petitioner believes that Petitioner and child are in
immediate and present danger of continuing serious abuse from
Respondent and are in need of protection frcm such abuse.
VERIFICATION
I, CINDY K. BLACK, hereby verify that the statements made in
the foregoing document are true and correct. and further, I
understand that false statements therein are made subject to the
penalties of 18 Pa.C.S.A. 54904 relating to unsworn falsification
to authorities.
CtKl\?j -/~ ,&v?
CINDY. BLACK
DATED: 3 - ;:llc 0- q~.
~ III
':)
Q
. ..") 0
...'-,' Il)
'.'.!- ."
" lD
i.'~ :
(; ~
r: j '.
'. . '4
'-'-
I
, ......
c.
/
//
/
. .
;.1
,.:
''',
, .
, I'
;\ '0'
i",:.
,I,
J:, .i.
:'l
.-t"
"-'in_!.,:).
, ,
f
/'
~':.-r:,'-;-'-:- Ff...-"
.......~-
r!'-
, ,
UfLd'
'Ie.
\...\1
7' It<... L
/11...':.-,_ .,.~[I
I~ T ... C"'urt or C~mm"''"\ l.:=....~ -"r Ctt... ..- .\...1'......-1 1.1...,-.1\/ ?-"'r:~yl'l-
.. j,,,,,... '.... · II ..... P --~..... ......-."., -..... .............." ' =.. ... -r:i::
Cindy Kay Black
VS.
Charles Ellis Black. I'
~o.
96-1636 Civil Term
':1
-.., ..-
:'tow,
March 27, 1996
:9---. !. SEZ:=..1::: Ol" C~GZl":'.A..'m COt.il':?, ?..o\.., CQ
l:~ c..;:u= C= S'='.:i' cl
Dauphin
CwU:t'7 :0 :::::".u: ::is '. V:::,
::is :...::u:= =:b.t _1..1. 1t == '_",:l.1:n ::d ::.sk ~i :.:: ?":-=:.
.r' .
_.....r:~ ~...
;' .
,,..' ~ .
" r;J
" .t....
saL.~.:f at C;:::i:u'..1:d C~II:lI1. :':1.
.
ASdavit or Se:-nc:=
:'tow,
~9
..
..
o'.:!cc::.
"t. s::-.-=
::s ~..~~
~G
~c
-
=r~C:q=
4
c:::pr ci ::: ::i';:-" r
mci -~,;. i:::awa :0
..
::.: .:==~=:s
. .
.~- :;1.
n
n
So =sw::.
.~-'" at
~.
Sw::O a.::c! s::::sc-::ed beier:
=~:::.s_6:rQi
!9_
CCSTI
::~~",iIC::::
~m.:::.'.GE
A:: w.... ".7:
s
1
t_ ..-..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION. LAW
CINDY K BLACK
vs
)
)
)
)
)
No 96-1636
PROTECTION FROM ABUSE
CHARLES E BLACK. III
ORDER
AND NOW, this _11( J day of IrPIC.I' L
, 1996, it is hefeby Ordered and
Decreed the al:x:Ne captioned Prdectlon from Abuse matter scheduled for April 1, 1996 at 8.30 a.m.
In Courtroom No. 1 c:J the Cumberland County Courthouse is continued and rescheduled to April 8,
1996 at 8:30 a.m, in Courtroom No 1 of the Cumberland County Courthouse.
Dated:
flit.oLF J(
I
J.
..
GINGRICH. SMITH. KLINGENSMITH & DOLAN
ATTORN["-S 41' LAW
ZZ;l SOu"'''' "".t;t"IT 51''111. T, SoUIT!. ..01
P .::I ec. .ze'7
ELI%AaETHTOWN. PA. '7022.0287
?l? 315"'1.]'70 717 81!li.J....ee
"411 ".,. 3e".J211it
";0,..... N. S""T"
THO,..... G ",LINQI~."'IT'"
t'l;CVIN O. OOLAN
HeN.C.' p HI:NOI".O~. a
..Je"".cy $ 5"''''''1(
..~ C4S" OI'llANGE STREET
...ANCASTltR, ~. 17802
;71"~ .JaJ...lee..
F'".k ; 717; 3~3' 0853
~" 0:.'.......1:"
HI...... F t'jl",O"ICM
WFLI.....1oIl ... Mu..C......J"
~fan;h 28. 1996
Honorable Harold Shee~'. President Judgc
Court of Common PIcas of Cumberland Count)
I Courthouse Square
Carlisle, PA 17013
RE: BIa~" v. Bla~"
~o. 96-1636. Prote~tion from Abuse
Dear Judge Sheely:
Our fitm Iw been retained to n:prcsent Mr. Charles Blad. in connection \\ith the above
captioned maner and other family lal\' maDen. Due to a scheduling cont1i~1, I am unable to IJlPCIf
aIoog \\1th and 00 bchaIf oD.fr. C'h.1rIcs Blad, on ~londay, April I, 1996 at 8:30 a.m. for the h-aA.
00 the abo\.\: capcioned Prote.;tion from Abuse Petition. Therefore. I respectfu1ly reqUClt this IllIIIcr
be cootinucd WIliI M11Oday'. April 8. 1996 at 8:30 am. per the scheduling ofyOUJ' office. Mn. BlIck <
is represented by Gary J. Imblwn. Esquire of~upp and Kodak. P.C. Anorney ImbIum ;...c..~..
he \\ill not oppose this request and that he is available for the rescheduled hearing. .
ThanI.. y'ou for YOW' kind anention and ~onsitler3tion.
\' ery truly Y'-'In.
Gr--:GRlCll S~fITII. KLINGENSMI1H
~r]t~/flll1i1-'~
Jcffrey ~~~..
JSS:1mr
p.;: G3I) J, Imblum
~fr. Charles DIad..
.
V.
tN 'J:HE COUR'J: OF COMl'lON PLEAS
CUMBERLAND COuN'J:~, PENNS~LVANI~
NO. 96-1636
PRO'J:EC'J:ION FROM ABUSE
CIND~ '/J\~ BL/l.C\<.
petitioner
\
c\\1\RLES ELLIS BL/l.c\<. I I
Respondent
~D NOW,
Q.llDEB
t II \
this'-L-- day of ~ U\ \ l-
_, 1996, upon
con.ideraeion of ehe .iehin peeieion for proeeceion feOO Abu.e.
and and upOn agreemene of ehe parrie" ie i' herebY O,"SRED and
,. The R..pondene .ha" refrain frOO ...sing. ..ras.iog or
ehreae.ning peeieioner and ehe .inor chi,d,ren'. eieher
phy.ica,'y or verha"y, .herever ehey ..y he.
DECREED that:
2. The ...pOndene i. "duded frOO any residence in .....c.
peeieioner or ehe .inor chi,d,ren' reside during ehe pendencY o.
this order.
, ,The .eepondene sha" provide or paY for
alternatiVe suitable housing approved by
petitioner; OR
, ,The addre" of peniCi".er and rhe .inor childl-'
ee.ain' ccn'idenei" ro proreer ehe peeieioner
free ehe d.O,er of f"e~,a ab~,e by Respendent' oa
,,,, 'M .",,,.deor " evirrad "CO rc.e ,esidenee at
S', r Reoo .,.o~" N" O,,,e,,ood. ,"'ber'and
ccu~ty. ~e~~syl,a~ia.
J. Respondent is prohibited from having contact with
Petitioner, including but not limited to, being restrained from
entering the place of employment, business, or school of
Petitioner and/or minor child(ren) .
4. Petitioner and Respondent shall share legal custody of
the child Ch~rles Thomas Black. Petitioner shall have Primary
Physical Custody of the child. Respondent shall have Partial
Physical Custody of the child upon a mutual agreement of the
parties/''''....' ;r\ll(:~1 ('T\-t'l:( L..,f1~l..,f'-'1) t-.'l:~"'\ "7,.)(1\ ('fU r\"'~ld/""'f rtJ {::.;PtvI
(N <:;LN()~,
5. Respondent is hereby notified that if he violates this
Order, he may be held in indirect criminal contempt which is
punishable by a fine not to exceed $1,000.00 and by a sentence of
up to six months in jail and by other possible relief. Consent
of Petitioner to resume contact with Respondent shall not
invalidate this Order.
6. This Order shall be enforced by any law enforcement
agency in a county where a violation of this Order occurs within
the Commonwealth of Pennsylvania.
7. A certified copy of this Order shall be served on the
police department(s) in the jurisdiction where Petitioner resides
and is employed. A certified copy of this Order shall
immediately be filed in the police county registry of Protection
Orders.
s. The Sheriff and the Prothonotary are directed to
accept, serve and file any and all copies of this Petition and
Order without prepayment of costs.
9. The Order shall remain in full f0rce and effect for one
. .
year from the date of this Order.
10. Respondent shall pay all filing fees relating to this
matter. In addition, ReBpondent shall pay to Petitioner in
'110 1"." ,~111\ ('r., .'III( I) ,,,-,'1"'\'."1. ''''/'<) ,-ill. Ij ';"'{;-'l'!' <,time f:[ t".,(j
eensid"z<ltiuu of her Ilttor_ye-fee!t-~he-.lI1Ol.lnt.-o~~,
f1h.'tV(;,I'1 ,'H,,; ,),"\( '. 71. t'~'( "''''~'~ ,FTIC ~)>J L.,'''''''-":)r'ie.,
d.lla..&.
11. The Cumberland County Sheriff's Department shall
attempt to make service at the Plaintiff's request and without
pre-payment of fees, but service may be accomplished under any
applicable rule of civil procedure.
12. This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this Order to the
defendant.
13. The New CUmberland Police Department shall be provided
with a certified copy of this Order by the Plaintiff's attorney.
This Order shall be enforced by any law enforcement agency where
a violation occurs by arrest for indirect criminal contempt
without warrant upon probable cause that this Order has been
violated, whether or not the violation is committed in the
presence of the police officer. In the event that an arrest is
made, under this section, the defendant shall be taken without
unnecessary delay before the court that issued the order. When
the Court is unavailable, the defendant shall be taken before the
appropriate district justice. (23 Pa. C. S. !i 6113)
BY THE COURT:
(' .
( l . ," j (. ~ i It' l
HAROLD E. SHEELY, PRE' DENT JUDGE
~
~
~
"
~ :~
"i-
l
"0. r-.
i- I.';
I .. .....
1111 (.:J
,.
C.( i
'.
to
c.... " "
r,~' ,
Lt.. I
-, (:'
L. (
I
I F'l
l.. - 0