HomeMy WebLinkAbout96-06119
CERTIFICATION OF PFA CONTEMPT
Case Number qh- (,1/9 CW<.l1trlYl
Name IJ~ JJt. ~
:J.S 'fJ~ <t-tUtL
'lrt1t.-luL..,./.I'A};.w" I fA 17 () S" 5
Victim's Name:
1t~f1,~
ADD DELETE
$ $
$ $
$ Sl. If Z $
~ 10.00 $
.;,
$ 15.00 $
Balance Due: $ /2./.92
170 State Surcharge
171 Stllte Fine
260 Sheriff Cost ($1.50 . any addtl)
207 District Attorney
204 Court Costs (Clerk of Court)
502 Restitution
Name f~'4- O~
Address
$. LIS, SO
City
State
Name
$
Address
City
State
Name
Address
City
State
Prothonotary Office
Person CertifYl.ng Information fJ.,~d. IY'~~
Zip
Zip
<lip
$
$
Dace ~__
to, telephone and written communications,
The defendant is enjoined from harassing and stalking the
plaint iff nnd from harassing the plaintiff's relatives.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties
or owned solely by the plaintiff.
A vlolat Ion of this Order may suhJect the defendant to: i)
arrest under 23 Pa.C.S. 96113; ii) a private criminat complaint
under 23 Pa.C.S. 96113.1; iii) a charge of Indirect criminal
contempt under 23 Pa.C.S. 96114, punishable by imprisonment up to
six months and a fine of $100.00-$1,000.00; nnd iv) civil
contempt under 23 Pa.C.S. 96114.1. Resumption of co-residence on
the part of the plaintiff and defendant shall not nutllfy the
provisions of the court order.
This Order shall remain in effect until modified or
terminated by the Court and can be extended beyond its original
expiration date If the Court finds that the defendant has
committed a act of abuse or has engaged in a pattern or practice
that indicates risk of harm to the plaintiff.
Temporary custody of Brandon and Shi loh B lack, is hereby
awarded to the plaintiff. Nanita A. Black,
A hearing shall be held on this matter on the/5'.:Ot day of
November, 1996. at 9:00 g.,m., in Courtroom No,f , cumberland
County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed wilhout pre-paymenl of fees
pending a further order after the hearing.
causing her to hit her buttocks and arms. He picked up
a 5 gallon crock and threatened to throw it on the
plaintiff's dog. When the plaintiff grabbed the dog,
the defendant smashed the crock onto the floor, grabbed
the dog, threw it onto the floor and strangled it. The
defendant then picked up a chair and hit the plaintiff
twice, once on her arm and then on her leg, She
sustained a lump on her shin and bruises on her knees
and arm. The defendant also threatened the plaintiff
saying that he would kill himself rather than pay her
suppor t .
b. In or about August, 1996, the defendant became
angry and forcefully pushed the plaintiff with both
hands causing her to fal I to the floor.
c, In the summer of 1996, the defendant grabbed the
parties' son by the hair and forcefully yanked him
around.
d, In early October, 1996, the defendant grabbed the
parties' 12 year old son by his hair, dragged him
outside by his neck and threw him into the truck to go
to work causing the child to fear. The plaintiff then
co! led the pol ice.
e, Tn or ahout 1994, t.he defendant became angry nt
the plaintiff while she was driving the car nnd he
slapped her ncross lhe fnce, knOCking her glasses off
2
and breaking them.
f. Since 1970, the defendant has on different
occasions abused the plaintiff in ways which include,
but are not limited to, the following: grahbing and
squeezing her around the waist causing her to have
difficulty breathing, swinging a plank at her, chasing
her with a running chainsaw, slapping her across the
face, and stabhing at her with a pitchfork. He has
also punched, pushed, choked, and kicked her, pulled
her hair, attempted to smother her by pressing both
hands over her mouth and nose, grabbed her foot and
pulled her down the stairs, nnd hit her in the nose
causing her severe pain.
5. The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant
should she remain in the home without the defendant's exclusion
and that she is in need of protection from such abuse.
6. The plaintiff desires that the defendant be prohibited
from having any direct or indirect contact with her including,
but not limited to, telephone and written communications, except
for the limited purpose of facilitating custody arrangements.
7. The plaintiff desires that the defendant he enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
H. The plaintiff desires thnt the defendnnt he enjoine~
J
litigation of the above mentioned children in this or any other
Cou r t .
14. The plaintiff has no knowledge of any custody
proceedings concerning these chi Idren pending before a court in
this or any other jurisdiction.
15. The plaintiff docs not know of any person not a party
to this action who has physical custody of the children or claims
to have custody or visitation rights with respect to the
children.
16. The best intcrests and permanent wclfare of the minor
children will be met if custody is temporarily granted to the
plaintiff pending a hearing in this nmtter for reasons including:
a. The plaintiff is a responsible parent who can best
take cure of the minor children.
b. The defendant has shown by his abuse of the
plaint i ff that he is not an appropriate role model for
the minor children.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. ~ 6101 tl
se~., as amended, the plaint iff prays this Honorable Court
to grant the following rclief:
1\. Grant II Temporary Order pursuant to the
"Protection from Abuse Act:"
I. Ordering the defendant to refrain from
ahusing the pluintiff und placing her in fear of
Ii
Ilbuse;
2. Ordering the defendllnt to refrllin from having
any direct or indirect contact with the plaintiff
including, but not I imi ted to, telephone and
written communications, except to facilitate
custody arrangements;
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing her relatives and the minor children;
4. Prohibiting the defendant from removing,
damaging, destroying or selling property Jointly
owned by the parties or owned solely by the
plaintiff;
5. Granting possession of thc home located at
2260 Wuggoners Gap Road, Carl isle, Cumberland
County, Pennsylvania, to the plaintiff to the
exclusion of the dcfendant pending a final order
in this mattcr, except for the I imitcd purpose of
transferring custody of the partics' children.
The defendant shall remain in his vehicle at all
times during thc transrer or custody; and
6. Granting temporary custody of the minor
children, Shiloh und nrundon nluck, to the
pia i nt i rr .
7
D. Schedule a heRring 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:
I. Ordering the defendant to refrain from
abusing the plaintiff and 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, except to facilitate
custody arrangements.
3. Ordering the defendant to refrain from
haraasing and stalking the plaintiff and from
harassing her relatives and the minor children.
4. Prohibiting the defendant from removing,
damaging, destroying or selling property Jointly
owned by the parties or owned by the plaintiff.
5. Granting possession of the home, located at
2260 Waggoners Gap Road, Carlisle, Cumberland
County, Pennsylvania, to the plaintiff to the
exclusion of the defendant, except for the limited
purpose of transferring cu.tody of the parties'
children during which times the defendant shall
remain in his vehicle, and ordering the defendant
to stay away from any other residence the
R
,
plaintiff may in the future establish for herself
except for the limited purpose of transferring
custody of the parties' children during which
times the defendant shall remain in his vehicle.
6. Ordering the defendant to pay $250.00 to
Cumberland County, one of Legal Services, Inc. 's
funding sources as reimbursement for the cost of
litigating this case and that the defendant be
assessed the $25.00 surcharge and any court costs
if the case goes to hearing.
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 hearing, and that a certified copy
of this petition and Order be delivered to the North Middleton
Township Police Department which has Jurisdiction to enforce this
Orde r .
The plaintiff prays for such other rei ief as may be Just and
proper.
COUNT I I
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
17. The allegations of Count I ahove are incorporated
herein as if fully set forth.
18. The best intercst and permanent wel fare of the minor
children wi II he served by confirming custody in thc plaintiff as
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Nanita A. Black,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-6119 CIVIL TERM
Davidson M. Black,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
AND NOW, this
PROTBCTION ORnBR
~ day of November,
1996, upon
consideration of the Consent Agreement of the parties, the
following Order is entered:
1. The defendant, Davidson M. Black, is enjoined from
physically abusing the Flaintiff, Nanita A. Black, or placing her
in fear of abuse.
2. The defendant is enjoined from having any direct or
indirect contact with the plaintiff including, but not limited
to, telephone and written communications, except for the limited
purpose of facilitating custody arrangements.
J. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
4. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
5. The defendant is prohibited from entering the
plaintiff's place of employment.
6. The defendant is excluded from the plaintiff's
residence located at 226U Waggoners Gap Road, Carlisle,
'f
Cumberland county, Pennsylvania, which is jointly owned by the
parties, and any other residence the plaintiff may establish,
except for the limited purpose of transferring custody during
which times the defendant shall remain in his vehicle.
7. The plaintiff and defendant shall attend counseling
sessions with an agreed upon counselor.
B. The court costs and fees are waived.
9. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court. The Order can
be extended beyond its original expiration date if the Court
finds that 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.
10. This Order may subject the defendant to: i) arrest
under 23 Pa.C.S. 56113; ii) a private criminal complaint under 23
Pa.C.S. 56113.1; iii) a charge of indirect criminal contempt
under 23 Pa.C.S. 56114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa.C.S. 56114.1. Resumption of co-residence on the part
of the plaintiff and defendant shall not nullify the provisions
of the court order.
11. The North Middleton Township Police Department shall be
provided with a certified copy of this Order by the plaintiff's
attorney and may enforce this Order by arrest for indirect
criminal contempt without warrant upon probable cause that this
Order has been violated, whether or not the violation is
~ariita A. Black,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-6119 CIVIL TERM
Davidsno M. Black,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
AND NOW,
CUSTODY ORDII
this ~ day of November, 1996,
upon
consideration of the parties' Consent Agreement, the following
Order is entered with regard to custody of the parties' children,
Brandon and Shiloh Black.
1. The plaintiff, Nanita A. Black, hereinafter referred to
as the mother, shall have primary physical and legal custody of
the children.
2. The defendant, Davidson M. Black, hereinafter referred
to as the father, shall have partial custody of the children
every other weekend at times agreed upon by the mother and
father.
3. 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.
4. Both parties shall notify the other immediately of
medical emergencies which arise while the children are in that
parent's care.
5. Neither party shall do anything which may estrange the
children from the other parent, or injure the opinion of the
children as to the other parent or which may hamper the free and
natural development of the children's love or reepect for the
other parent.
By
J
Jane Muller-Peterson
Attorney for Plaintiff
Davidson M. Black
Pro Se
Narlita A. Black,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-6119 CIVIL TERM
Davidson M. Black,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
CONSENT AGREEMENT
This Agreement is entered on this
day of November,
1996, by the plaintiff, Nanita A. Black, and the defendant,
Davidson M. Black. The plaintiff is represented by Joan Carey of
LEGAL SERVICES, INC.; the defendant is unrepresented but is aware
of his right to have an attorney. The parties agree that the
fOllowing may be entered as an Order of Court.
1. The defendant, Davidson M. Black, agrees to refrain
from abusing the plaintiff, Nanita A. Black, or placing her in
fear of abuse.
2. The defendant agrees not to have any direct or indirect
contact with the plaintiff including, but not limited to,
telephone and written communications, except for the limited
purpose of facilitating custody arrangements.
3. The defendant agrees not to harass and stalk the
plaintiff and not to harass the plaintiff's relatives.
4. The defendant agrees not to remove, damage, destroy, or
sell any property owned by the plaintiff or jointly owned by the
parties.
5. The defendant agrees to stay away from the plaintiff's
place of employment.
6. The defendant agrees to stay away from the plaintiff's
residence located at 2260 Waggoners Gap Road, Cumberland County,
Pe~nsylvania, which is jointly owned by the parties, and a~y
other residence the plaintiff may establish, except for the
limited purpose of transferring custody. The defendant shall
remain in his vehicle at all times during the transfer of
custody.
7. The parties agree to attend counseling sessions with an
agreed upon counselor.
8. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
9. The defendant understands that the Protection Order
entered in this matter will be in effect for a period of one year
and can be extended beyond it original expiration date if the
Court finds that 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. The defendant understands that
this Order will be enforceable in the same manner as the Court's
prior Temporary Protection Order entered in this case.
10. Violation of the Protection Order may subject the
defendant to: i) arrest under 23 Pa.C.S. 56113; ii) a private
criminal complaint under 23 Pa.C.S. 56113.1; iii) a charge of
indirect criminal contempt under 23 Pa.C.S. 56114, punishable by
imprisonment up to six months and a fine of $100.00-$1,000.00;
and iv) civH contempt under 23 Pa.C.S. 56114.1.
11. The defendant and the plaintiff agree to the entry of
an Order providing for the following regarding custody of their
children, Brandon and Shiloh Black.
a. The mother shall have primary physical and legal
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: nnnberlard
POLICE
CRIMINAL COMPLAINT
f.t..fel Df.trlct 1lJIber: 09-2-01
I.trlet Justl", _:Hal. Paula P. ())rreal
1 Courthoose Square
Carlisle, Pa. 170130
COMMONWF..AL'rIl 010' PF..NNSYLVANJA
VS.
DEFENDANT:
NAM[ end ADDRESS
r DAVIDSON M BrAa<
25 PENNY lANE
MEXlIANICSI!l.lOO PA 17055
el~:
(717) 240-6564
~'''N.'
ate Filed:
TN:
trdntll R.PJtttn c ty
!XI illite 0 Alhn 0 BlecI<
o KflfBllc 0 Netl... _Ian 0-
S"I'irn:II A.K.A.
L
'....mt'. Sotlel S<arlty IMber
tenbltls SID
trrls1t'& Sex tcn:blt1a D.O.B.
o fdlllle
!XI MIll. 01/28/1945
en:b1t'& Vdllcle Infonmttm:
Plet. IlJIber State R",lstrotlm Stlder(ltV'fl)
168-36-3263
ftnirlt's Drl~'8 LlC8"6e ttllt:er
State
PA 12557197
IIIlS Ccdo
afnt/ln:ldent tt.nbers If other PartlclpEllts
District AttorneY'B Office fX1 Approved 0 Disapproved because:
llhe district .tt~ filii rtq.It...~t the carplalnt, arrest wnmI'lt .ttlciwtt, or t:cth be ~ bt the attot'T'rY for the Cama'We8lth p-lcr to
11Iru Pa.R.cr.P. lOT.)
(51!Jl1t\Se of Attorney Tor ~lth)
(Daht)
(NaIIt of Attornry for ~lm .. Pler.l6e print or 1)'pIt)
I, PI'L GARY CARVm
(_ of AfII..".Pll.... Print or 'p)
of 0
(Idont Iy 0.,- b,g,' or ~ R"",,",",ed <rd Polltlcol Qbjlvlsfm)
do bereby stete:(check the appropriate box)
1. Ill! 1 accuse the above named defendant, who lives at the address set forth above
o 1 accuse an defendant whose name is unknown to me but who is described as
5
(Officer ~ 1Mber/1.0.)
0211500
(Police ~ all 1lJIber) IOrlglnotlru ~ Case 1Mb>-(lXA))
o 1 accuse the defendant whose nsme and popular designation or nickname is unknown to me and whom 1 have
therefore designated as John Doe
with violating the penal laws of the Commonwealth of Pennsylvania at 2260 WJ\GGONERS GAP RD
N.MIOOIJrauN 'IWP. (PlDCe'"Potttu:al &.tdIV15Ia'l)
in CUlBERlAND County on or about APRIL 21ST 1997
Participants were: (if there were participants, place their names here, repeating the name of the above defendant!
~VIllSOO M BrAe<
2. The acts committed by the accu3ed were:
(Set forth . Mml'BIY of the 'Bel. adflchnt to a:hlse the defenb'\t of the rot\.nt of tM often;e d\argld. A c1tatlcn to the statue allegedly violated
wlthcut 1I'Cf'e, Is Rlt adflcfn. In 8 sumery tae, yaJ IrLBt cltlt the specific secttm rd 6l.t6ectfm of the stoMe or ordlrrn::e allegedly Vlo(ated,)
DlD~ auMINAL a:m'EMPl'-
'lllE DEFEMlANl' VIOLATED '!HE ORDER ISSUED UNDER '!HE PRlJ!'&:1'.1ON Fm-I ABUSE AC!r
NO.96-6119 CIVIL TERoI 1996 ON 'lllE 15'IH DTlY OF NOIJElolBER, SIGNED BY 'lllE HONORABLE
JUOOE J.WESLE'i OLER, JR. WHICH ORDER DIREX:TS 'lllE DEFalD.!\N1' TO STAY NllAY ffiCtoI'lllE
RESIDFNCE OF NANITA BrAe< lOCATID AT 2260 WAGGClNERS GAP RD, CARLISLE, PA.. IN 'IllAT
'!HE DEFEMlANl' DID ENl'ER 0Nr0 'lllE RESIDFNCE OF 2260 WAGGClNERS GAP RD. CARLISLE, PA.
AlJlC 412-(4/96)(lntCf'T'Ct Vt.'r"iial)
1.:1
'l
--1
(Continuation of 2.)
De~ndantName: DAVIDSON M BLACK
Docket Number.
POLICE
CRIMINAL COMPLAINT
ell ofwhlcb were against the peace and dignity of the Commonweelth ofPennsylvanla and contrary to the Act
of Assembly, or In violation of 1. 10190 of the MC1'EJ..'l'ION/ABUS 1
(Section) (Sw-Sectlon) (PA Statute) (co,""ta)
2. of the 0
(Section) (Sw,sectlon) (PA Slelule) (CQl..nts)
3. of the 0
(Section) (Sw-Section) (PA Statute) (collltl)
4. of Ihe 0
(Section) (Sw-Sectlon) (PA Stalute) (cOU'\ts)
3. I ask that a warrant of arrest or a summona be issued and that the defendant be required to answer the charges
I bave made. (In order for a wanant of arrest to issue, the attached aflidavlt ofprobahIe cause must he completed
and swom to before the Issuing authority.
4. I verify that the facts set fortb In this complelnt are true and correct to the best of my knowledge or Information
and belief. This verification Is made subject to the penalties of Sectlo 4904 of tile Crimes Code(l8 PA. C.S.
B 4904) relating to unsworn felslficatlon to authorities. ./
,19_
AND NOW, on this date , 19 , I certify the complaint has been properly
completed and verified. An affidaVIt of probable cause must be completcU in order for a warrant to Issue.
SEAL
(Hag1sterlol o1strlct)
AOPC 412-(4/96)(lnlernel Version)
(IS5utng Autnorlty)
2.3
Defendant Name: DA~ H BlAa<
POLICE
CRIMINAL COMPLAINT
Docket Number:
AFFIDAVIT of PROBABLE CAUSE
00 IOIDl\Y 1IFRIL 21sr 1997 AT APPR:lX 1500HRS. I REX:EIVED A TELEPHONE CALL FKM'l1iE
VICl'IM NANITA BI./ICK W!I) LIVES AX 2260 ~ GAP RD. SHE Sl'ATED 'll1AT WHEN SHE
REIURNED lDIE FKM ~ 'lltIS DATE SHE OOl'ICED '!HAT 'l1iE PL'MXlO c:xmmNG ('lllAT <XlVEllED
A BOOKEN PANE OF GI.MlS 00 'l1iE DOOR) HAD BEEN PRIm OFF 00IlI 'l1iE oursIDE AND INSIDE OF
OOCR AS 'IO AlU1Il 'l1iE DOOR 'IO BE tJNI.DCKED FIOl 'l1iE INSIDE. ONCE INSIDE SHE OOl'ICID
SE.VmAL ITEMS HAD BEEN REMJVED (ptDre OOOI<, DIREX:roRY wrrn c;usra.IERS NAMES AND
cx:NmACl'S). MRS. BIM:K FUR1lIm m'ATED '!HAT SHE l<EEPS FOOR rx:x;s INSIDE alE OF WlUOl
\O.lID NC1l' LEl' AN'ialE INlO'l1iE RESIDENCE (EXCEPI' HER HUSBAND).
I SPOKE 'IO 'lllE NElel' DOOR NEIGHBOR STELtA BAlTSELL W!I) srATED IN 'l1iE FARLY
A~ HXJRS SHE SAW 'lllE oEFENDANI'S '.'EU.J:1;I 'mOC'K pARKED AT 'l1iE RESIDE1ICE AND A MAN
W!I) IJJClI<ID LIKE 'l1iE DEIi'E1'lDANl' CARRYING proPFJn'Y AND PIACING rr IN 'l1iE 'ffiUO(.
I, Pl'L GARY CARVER ,BEING DULY SWORN ACCORDING TO
LAW, DEPOSE AND SAY THAT THE FACTS SET FORm IN THE FOREGOING AFFIDAVIT ARE
TIUlE AND ""'""'" TO THE DFSr OF MYKNOjJ;,E, INFORMATION AND 1lELlEF.
~19CC~~ -
Sworn to me and subscribed before me this
day of
,19_.
Date ' District Justice
My commission expires first Monday of January, _' SF:AL
AOPC 412-(4/96)(lnternet Vcrston) 3-3
(Continuation of 2.1
Defendant Nllme: DAVIIlSCN M BU\a(
Docket Number:
POLICE.
CRIMINAL COMPLAINT
all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act
of Assembly, orin violation of 1. 1019~_ of the I'MJU,I.;!'ION/JIBUS 1
(section) (Sub-Section) (PA Statute) (counts)
2. of the 0
(Section) (Sub-Section) CPA StlltuU) (COLnts)
3. of the 0
(Section) (Sub-Sectlen) CPA Statute) (COI.X1U)
4. of the 0
(Section) (Sub-Section) CPA Statute) (counts)
3. I ask that a warrant of arrest or a summons be issued Ilnd that the defendant be required to answer the chsrges
I have made. (In order for a wanant of arrest to issue, the attached affidavit of probable cause must be completed
and sworn to before the issuing authority.
4. I verifY that the facts set forth in this complaint are true and correct to the best of illY knowledge or information
and belief. This verification is made subject to the penalties ofSectio 4904 of the Crimes Code(]8 PA. C.S.
B 49041 relating to unsworn falsification to authorities. I (]
,19
an
AND NOW, on this date , 19 , I certifY the complaint has been properly
completed and verified. An affidaVit of probable cause must be completei!' in order for a warrant to issue.
SEAL
("a~lsterI8l Dlstr'ct)
AOPC 412-(4/96)(lnternet Version)
(Issulng AuthorIty)
2-3
DewndantName: DAVIDSON M BLACK
POLICE.
CRIMINAL COMPLAINT
Docket Number:
AFFIDAVIT of PROBABLE CAUSE
00 /oDlDAY APRIL 2lsr 1997 AT APPRDX 1500HRS. I REX:EIVED A 'l'ELEPtlOOE CALL FRl:M THE
VICl'IM NANITA BLACK WHO LIVES AT 2260 ~ GAP RD. SHE srATED 'mAT WlIDI SHE
REItJRNED tQoIE FRl:M I'alK 'IllIS DATE SHE NOl'ICED 'mAT THE PLYlItXD 0JVElUNG ('llfAT CXJVEmD
A BOOKrn PANE OF GlASS 00 THE lmR) HAD BEm PRIED OFF oorn '!HE oursIDE AND INSIDE OF
lmR lIS 'ro AIlJJfl THE DOOR 'ro BE UNLOCKED FRl:M '!HE INSIDE. ooCE INSIDE SHE NOl'ICED
SEVEllAL ITEMS HAD BEEN REMJ\IID (HmE BOOK, DImrroRY wrrn aJS'IUIEJlS NAMES AND
cnmlACTS). MRS. IlI.AC1< FtlRllIm srATED 'mAT SHE KEEPS FOUR ro:;s INSIDE ONE OF WHIat
WJlD NOl' LEI' ANYOOE INfO THE RESIDENCE (EXCEPl' Jim HUSBAND) .
I sroI<E 'ro '!HE NEla' OOOR NEIGHBOR Sl'ELlA BAITSELL WHO srATED IN '!HE EARLY
AF'l'EllNClOO OOURS SHE SAW THE DEFENllANl'S 'iELLCM 'ffiUCI( PARKED AT 'lHE RESIDENCE AND A MAN
WHO lOOKED LIKE THE DE!i'ENIlI\m' CARRHNG PRDPERI"i AND PIACING IT IN THE TRUCK.
I, PI'L GARY CARVER , BEING DULY SWORN ACCORDING TO
LAW, DEPOSE AND SAY THAT THE FACTS SET FORTIIIN THE FOREGOING AFFIDAVIT ARE
TRUE AND CORRECT TO THE BEST OF MY KNO DOE, INFORMATION AND BELIEF.
Sworn to me and subscribed before me this
day of
,19_
Date , District Justice
My commission expires first Monday of January, _' lmAI.
AOPC 412-(4/96)(lnl.,n'l Version) a-a
Nanita A. Black,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-6119 CIVIL TERM
Davidson M. Black,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
AND NOW, this
PROTECTION ORDER
~ day of November,
1996, Upon
consideration of the Consent Agreement of the parties, the
following Order is entered:
1. The defendant, Davidson M. Black, is enjoined from
physically abusing the plaintiff, Nanita A. Black, or pla~jng her
in fear of abuse.
2. The defendant is enjoined from having any direct or
indirect contact with the plaintiff including, but not limited
to, telephone and written communications, except for the limited
purpose of facilitating custody arrangements.
J. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
4. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
5. The defendant is prohibited from entering the
plaintiff's place of employment.
6. The defendant is excluded from the plaintiff's
residence located at 2260 Waggoners Gap Road, Carlisle,
,
Cumberland County, Pennsylvania, which is jointly owned by the
parties, and any other residence the plaintiff may establish,
except for the limited purpose of transferring custody during
which times the defendant shall remain in his vehicle.
7. The plaintiff and defendant shall attend counseling
sessions with an agreed upon counselor.
8. The court costs and fees are waived.
9. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court. The Order can
be extended beyond its original expiration date if the Court
finds that 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.
10. This Order may subject the defendant to: i) arrest
under 23 Pa.C.S. 56113; ii) a private criminal complaint under 23
Pa.C.S. 56113.1; iii) a charge of indirect criminal contempt
under 23 Pa.C.S. 56114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa.C.S. 56114.1. Resumption of co-residence on the part
of. the plaintiff and defendant shall not nullify the provisions
of the court order.
11. The North Middleton Township Police Department shall be
provided with a certified copy of this Order by the plaintiff'S
attorney and may enforce this Order by arrest for indirect
criminal contempt without warrant upon probable cause that this
Order has been violated, whether or not the violation is
Nanita A. Black,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-6119 CIVIL TERM
Davidsno M. Black,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
AND NOW,
CUSTODY ORDER
this ~ day of November,
1996, upon
consideration of the parties' Consent Agreement, the following
Order is entered with regard to custody of the parties' children,
Brandon and Shiloh Black.
1. The plaintiff, Nanita A. Black, hereinafter referred to
as the mother, shall have primary physical and legal custody of
the children.
2. The defendant, Davidson M. Black, hereinafter referred
to as the father, shall have partial custody of the children
ever.y other weekend at times agreed upon by the mother and
father.
3. 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.
4. Both parties shall notify the other immediately of
medical emergencies which arise while the children are in that
parent's care.
5. Neither party shall do anything which may estrange the
children from the other parent, or injure the opinion of the
children as to the other parent or which may hamper the free and
natural development of the children's love or respect for the
".
. .~---<or
--
other parent.
J
Jane Muller-Peterson
Attorney for Plaintiff
Davidson M. Black
Pro Se
~anita A. Black,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-6119 CIVIL TERM
Davidson M. Black,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
CONSENT AGREEMENT
This Agreement is entered on this
day of November,
1996, by the plaintiff, Nanita A. Black, and the defendant,
Davidson M. Black. The plaintiff is represented by Joan Carey of
LEGAL SERVICES, INC.; the defendant is unrepresent~d but is aware
of his right to have an attorney. The parties agr~~ that the
following may be entered as an Order of Court.
1. The defendant, Davidson M. Black, agrees to refrain
from abusjng the plaintiff, Nanita A. Black, or placing her in
fear of abuse.
2. The defendant agrees not to have any direct or indirect
contact with the plaintiff including, but not limited to,
telephone and written communications, except for the limited
purpose of facilitating custody arrangements.
3. The defendant agrees not to harass and stalk the
plaintiff and not to harass the plaintiff's relatives.
4. 'rhe defendant agrees not to remove, damage, destroy, or
sell any pr.operty owned by the plaintiff or jointly owned by the
parties.
5. The defendant agrees to stay away from the plaintiff's
place of employment.
6. The defendant agrees to stay away from the plaintiff's
residence located at 2260 Waggoners Gap Road, Cu~berland county,
Pennsylvania, which is jointly own~d by the parties, and any
other residence the plaintiff may establish, except for the
limited purpose of transferring custody. The defendant shall
remain in his vehicle at all times during the transfer of
custody.
7. The parties ~gree to attend counseling sessions with an
agreed upon counselor.
8. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
9. The defendant understands that the Protection Order
entered in this matter will be in effect for a period of one year
and can be extended beyond it original expiration date if the
Court finds that 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. The defendant understands that
this Order will be enforceable in the same manner as the Court's
prior Temporary Protection Order entered in thiR case.
10. violation of the Protection Order may subject the
defendant to: i) arrest under 23 Pa.C.S. 56113; ii) a private
criminal complaint under 23 Pa.C.S. 56113.1; iii) a charge of
indirect criminal contempt under 23 Pa.C.S. 56114, puni5hable by
imprisonment up to six months and a fine of $100.00-$1,000.00;
and iv) civil contempt under 23 Pa.C.S. 56114.1.
11. The defendant and the plaintiff agree to the entry of
'an Order providing for the fOllowing regarding cusLody of their
children, Brandon and Shiloh Black.
a. The mother shall have primary physical and legal
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NANIT A A. BLACK.
PlaintilT
IN HIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYL VANIA
vs.
96-6119 CIVIL TERM
DA VIDSON M. BLACK.
Delendant
PROTECTION FROM ABUSE
PETITION TO MODIFY PROIECTION
ANn CUSTOny ORnEI{S
NOW COMES Petitioner Davidson M. Black. Defendant in the above matter. to petition
the court, alleging as follows:
1. Petitioner entered into a consent agrecment in the abovc matter in November, 1996,
without bcnefit of counsel. involving the cntry or a protcction order and a custody ordcr dratled
by Respondent's counsel. Thc court signcd these orders on November 15. 1996.
2. Petitioner has attempted to resolve through counsel the issllcs raised in this petition,
but Respondent has refused to do so.
COUNT I - MODIFICATION OF PROTECTION ORDER
3. Paragraph 6 of thc protection order of November 15. 1996 cxcludes Pctitioner from
the marital residencc at 2260 Waggoner's Gap Road. Carlisle. Cumberland County.
Pennsylvania. Paragraph 4 of the ordcr further torbids Pctitioner from removing any property
owned jointly by the parties. Paragraph 2 or the order further forbids Pctitioner from having any
direct or indirect contact with Respondent, cxccpt for tacilitating child custody arrangements.
4. Despite entry of this order, Petitioner and Respondent resumed co-residencc at 2260
Waggoncr's Gap Road from late November, 1996 until early April. 1997. In early April, 1997,
Petitioner establishcd a separate residence at 25 Penny Lanc. Mechanicsburg, Cumberland
County. Pennsylvania. Sincc Petitioner's dcparture. Respondcnt has insistcd upon enforcing
Paragraphs 4 and 6 of the protcction ordcr strictly.
5. The court has uphc1d rcncwcd cnforccmcnt of Petitioncr's cxc1usion from thc marital
rcsidence. At a hcaring hc1d on May 14, 1997. thc court lound Pctitioncr in contcmpt lor
retrieving ccrtain business rccords from thc marital rcsidcncc without Rcspondcnt's pcrmission.
6. Thc protcction ordcr of Novcmbcr 15,1996 scriously impairs Pctitioner's ability 10
carry on his busincss of rcpairing and moving modular homcs. Not only havc his busincss
rccords bcen in thc marital rcsidencc, but many of Pctitioncr's tools rcmain storcd in
nonresidential buildings locatcd at 2260 Waggoner's Gap Road. Such tools are so varied and
numerous as to prcc1udc easy rcmoval tfJ anothcr location.
7. Under the tcrms ofPara!;.aphs 2 and 6 ofthc protcction ordcr,Pctitioncr may not cntcr
thc property at 2260 W~ggoner's Gap Road, nor may hc contact Respondcnt to sccure nccded
tools at appropriatc times.
8. The protection order ofNoveml1er 15, 1996 has deprived Petitioner of clothing und
other sole property located in thc marital residcncc itsclf at 2260 Waggoncr's Gap Road. Undcr
the terms of Paragraphs 2 and 6 of thc protection order, Petitioner may not cntcr thc rcsidcncc,
nor may he contact Respondent to identify und secure such sole property.
9. The protcction order of November 15.1996 has completely deprived Petitioncr of the
use and enjoyment of personal property owned jointly by the parties. Without sccuring somc
items currently located in the residence at 2260 Waggoner's Gap Road, Petitioner cannot
effectively establish a separate household. Loss of the items required by Petitioner would not
deprive Respondent of enjoyment of the marital rcsidence, particularly sincc Ihe parties own
duplicates of many itcms, such as televisions. A list of the items Pctitioner nceds. including both
marital and sole propcrty, is marked Exhibit "A". attachcd hcrcto, and incorporatcd hcrein by
reference.
WHEREFORE, Pctitioncr Davidson M. llIack requests that the court modi(y its
protcction ordcr of Novembcr 15. 1996 in the following respccts:
(a). establish a time in which Petitioner may enter the marital rcsidcnce to recover the
items listed in Exhibit "A" and to makc an invcntory of any furthcr property he might rcquire or
dcsirc; and
(b). allow Petition.:r unimpcded access to thc nonrcsidential buildings locatcd at 2260
Waggoncr's Gap Road for thc solc purposc of securing and using pcrsonal propcrty rclated to his
busincs~.
COUNT II - MODIFICATION OF CUSTODY ORDER
10. By its custody ordcr of Novembcr 15, 1996, thc court has allocatcd physical custody
ovcr thc partics' childrcn. including Shiloh, agc 15 and Brandon, agc 13. Paragraph 2 of thc
ordcr rcstricts Pctitioncr to partial custody ovcr thc children every othcr weckend, at timcs agreed
on by Ihc mother and fathcr.
II. Paragraph 5 ofthc custody ordcr forbids either party from doing anything to estrange
the childrcn from the other parcnt, or to injurc thc opinion ofthc children as to the other parcnt,
or to hamper the frcc and natural dcvclopment of the children's love and respcct for the other
parent.
12. Paragraph 7 of the protection ordcr rcquires both parties to attcnd counseling scssions
with a counselor agreed on by thc parties.
13. Rcspondent has violated Paragraph 2 of the custody ordcr by failing to agree with
Pctitioner upon timcs at which he can excrcise his partial custody ovcr the children, so that
Petitioner has not been ablc to sec his children for thc three weeks prior to this Petitioncr. If
effcct. Respondent has deprived Pctitioncr of his partial custody rights.
14. Rcspondent has violatcd Paragraph 5 of thc custody order and attcmpted to alicnatc
the childrcn from Pctitioncr, by discussing marital problcms with the childrcn and placing
Pctitioncr in a bad light during thcsc discussions.
15. Respondent has violatcd Paragraph 7 of thc protcction ordcr rcquiring thc partics to
attcnd counseling. Rcspondcnt has agrecd in principlc to attcnd counscling with counsclors
arrangcd by Pctitioncr but has tailcd to follow through with thc arrangcmcnts.
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NANITA A. BLACK,
Plaintiff
DAVIDSON M. BLACK,
Defendant
No. 96-6119 CIVIL TERM
ORDER OF COU~T
AND NOW, this 20th day of June, 1997, upon
consideration of Defendant's Petition To Modify Protection and
custody Orders, and counsel for the parties having utilized the
time period scheduled for hearing on this date to attempt to
resolve the issues herein amicably, and having been unsuccessful
in doing so, and it appearing that a custody conciliation
conference has been scheduled in this matter for July 17, 1997,
it is ORDERED and DIRECTED as follows:
1. The hearing on the protection from abuse
aspect of the case is rescheduled for October 13, 1997, at 1:30
p.m., in Courtroom No.5, Cumberland county courthouse,
Carlisle, Pennsylvania.
2. The custody aspect of the matter is relegated
to the custody conciliation process, because the conference
already scheduled can be held prior to any hearing to be
scheduled by this Court.
4. Pending further Order of court, the existing
protection from abuse and custody orders shall remain in full
force and effect; provided, that each party shall be permitted,
,.
,
. ;
~EP 0 9 1997
NANITA A. BLACK,
Plaintiff
V
DAVIDSON M. BLACK,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:CIVIL ACTION - LAW
: /"lqc..
:NO, 6119 CIVIL Mff
:IN CUSTODY
COURT ORDER
AND NOW, this , 0 t~ day of September, 1997, upon
the attached Custody Conciliation Report, it
directed as follows:
consideration of
is ordered and
1. This Court's prior Order of November 15, 1996 is vacated.
2. The Mother, Nanita A. Black, and the Father, Davidson M.
Black, shall enjoy shared legal custody of Shiloh Black, born
August 27, 1982 and Brandon Black, born July 4, 1984.
3. The Father shall enjoy primary physical custody of Brandon and
the Mother shall enjoy primary physical custody of Shiloh.
4. The Mother shall have temporary physical custody of Brandon as
follows:
A. On alternating weekends from Friday at 5:00 p.m. until
Sunday at 7:00 p.m.
B. At such other times as agreed upon by the parties.
5. The Father shall have temporary physical custody of Shiloh as
follows:
A. On alternating weekends, being the weekend that Brandon
remains with him, on Saturday from 9:00 a.m. until 9:00
p.m. Father's periods of temporary custody shall be
confirmed via a phone call from Father to Mother on
Thursday evening preceding when he is scheduled to have
custody of Shiloh.
B. At such other times as agreed upon by the parties.
C. In the event Shiloh cannot visit with the Father on a
Saturday because of her work, school, or athletic
schedule, the parties ahall work out a makeup day for
Father which could be an evening during the week.
6. Holiday schedule shall be as follows: On Labor Day, Father
shall have the two minor children; on Memorial Day, Mother
shall have the two minor children; for the Thanksgiving
holiday, Mother shall have the children on Thursday from 9:00
a.M. until 8:00 p.m. and Father shall have both children on
Friday from 9:00 a.m. until 8:00 p.m.; for the Christmas
holiday, Father shall have custody from 5:00 p.m. on Christmas
Eve until noon on Christmas Day and Mother shall have custody
from noon on Christmas Day until noon on December 26. For the
birthday schedule, both parents shall be afforded a timeframe
of at least three to four hours to be with each child on their
birthday or on the day before or after their birthday to
celebrate the child's birth.
7. The parties may modify this Order as they may agree between
themselves.
8. This Order is entered pursuant to an agreement reached by the
parties at a Custody Conciliation Conference. In the event
either party desires to modify this Order, that party may
petition the Court to have the case again scheduled with the
custody Conciliator.
BY THE COURT,
P.J.
J 'Wesley 01
cc: John Wesley Weigel III, Esquire {'~"'"' ~J.. 9/r:J./Q'1.
Jennifer Gutshall, Legal Services, Inc. --u~:~
NANITA A. llLACK.
Plaintiff
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
96-6119 CIVIL TERM
DA VIDSON M. BLACK.
Defendant
PROTECTION FROM ABUSE
PETITION TO WITHDRAW PETITION
NOW COMES Petitioner Davidson M. !lIack, Defendant in the above matter, to petition
the court, alleging as tollows:
I. Petitioner filed a petition to modify the protection order in the above matter. liS to
custody matters IInd as to Pctitioner's access to marital propcrty. un or about May 26, 1997.
2. The custody portion of Petitioner's original petition has becn resolved by agreement by
the partics as embodied in the court's ordcr of Septcmber 10, 1997.
3. The protection order. entered on Novembcr 15. 1996. which prohibils Petitioner from
ilaving uecess to the marital residenec IInd to his personal property thercin. will cxpire on
Novcmbcr 15. 1997. Unless Respondcnt Nanita A. Black requests an extension of the protection
order. Pctitioner's original petition will soon become moot.
4. Respondent has not requested an extension of the protection order.
WHEREFORE. Pctitioncr Davidson M. Black respectfully requests the dismissal ufthe
petition tiled by him on or about May 26. 1997. without prejudice, and the caneellutiollofthe
hearing scheduled by the court lor October 13. 1997. provided that Petitioner may raise Ihe
matters contained in such petition should Respondcnt Nanita A. Bluck apply to the courtlllr an
extellsion of the protection order.
Respecttully submitted,
.O(-t/"-'J I~i 1917-
Date
:l7J[:
n Wesley Wcig '111I, Esquire
7 Irvine Row
Carlisle. PA 17013
(717) 243-1985
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\IS
DAVIOOCt-l ~I BlACK
IN 'IlIE mJRT OF nJ.f..n'i PLEAS
mlBERINID mNTY, PE"NA.
191J6-56119.~
1'l96-01727V /
I. William Diehl, Deputy Sheri ff be in!: duly sworn by Imv says on; renruary S. 199A the
above named subject was arrested by the CLunI1erland COtlllty Sheriff's Pepartn~nt. The
subject paid the amOlllt OIved in full and was released from custody.
Sheriff's Costs: 20 miles @ $.31 per mi Ie = $6.20
So answers,
R. Thomas Kl inc. Sheri ff
by W!0;
Will laffi"DieT-il , reputy
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NANIT A A. BLACK,
Plaintiff
vs.
DAVIDSON M. BLACK.
Defendant
NANIT A A. BLACK.
Plaintiff
vs.
DAVIDSON M. BLACK,
Defendant
NANITA A. BLACK,
Plaintiff
vs.
DAVIDSON M. BLACK,
Defendant
,1.I1i I 2 \998 \
~)
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE
: 98-0854 CIVIL TERM
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY/PROTECTION FROM ABUSE
: 96-6119 CIVIL TElUvl /'
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY , PENNSYLVANIA
: CIVIL ACTION - LAW
: SUPPORT
: PACSES Case Number 004000038
: 95-0526 Support
CUMBERLAND COUNTY C&Y, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION - LAW
: SUPPORT
DAVIDSON M. BLACK, : PACSES Case Number 599100003
Defendant : 97-1115 Support
AND NOW this
ORDF:R
-lie
/3' day of August, 1998, upon the Petition to Withdraw
Appearance filed by Defendant's attorney. it is hereby ORDERED that a rule be issued
upon all parties to show cause. if any they have, why the Petition should not be granted.
Rule returnable within twenty days of service of this order.
Service of this order by first-class mail.
BY THE COURT,
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CERTIFICATE OF SERVICE
I certify that I am this date serving a copy of the attached Petition to Make Rule
Absolute upon the following parties:
Dave Black
25 Penny Lane
Mt.Rt.
Enola, PA 17025
Family Law Clinic
45 N. Pitt St.
Carlisle, PA 17013
Mark T. Silliker, Esquire
Silliker & Reinhold
5922 Linglestown Road
Harrisburg, P A 17025
Cumberland County Children and Youth Services
16 W. High St., Suite 200
Carlisle, PA 17013
Service by first-class mail.
1
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Date
6. Th~ minor child has rcsid~d ut th~ following uddr~ss~s, in th~ custody
of th~ following individuals:
A. From birth until April of 1997. th~ subj~ct minor child r~sid~d with
both parti~s, as well us his UdOpliv~ sist~r, Shiloh llIuck. ut 2260
Waggon~r's Gap Roud. Curlisl~, PA 17013.
B. From April of 1997 to approximat~ly July of 1997. th~ subjcct
minor child resid~d with Moth~r und adoptiv~ sist~r at 2260 Waggoner's
Gap Road, Carlisl~. PA 17013.
C. From July of 1997 to th~ pr~s~nt, th~ subj~ct minor child has
rcsided with FUlh~r at 25 Penny Lan~. Enola, P A 17025.
7. Ther~ has be~n u prior action for custody of the subj~ctminor child in
this or any other jurisdiction, d(;cket~d to the ubove term and number.
8. The Plaintiff is not aware of the existence of any other individuals who
have any type of claim whatsoever regarding the custody of th~ subject minor child than
the Defendant.
9. The Pluintiff seeks custody of the subject minor child because;
A. Father has beenlrcuting the subject minor child in un ubusive
munn~r.
B. Futher has beel1unuble to udequatcly mect the child's n~eds.
C. The child hus nol hcel1 doing well in school.
A F F I D A V I T
certify that the aforegoing
is true and correct to the best of my knowledge, information and
belief, I understand that false statements herein are made
subject to the penalties of 16 ?a. C.S. 4904 relating to unsworn
falsification to authorities.
I, lion jfa.Bk,dL, hereby
Dated: J()'~1-q<;
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