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HomeMy WebLinkAbout96-06120 ~\ ~ '<:) ~. . ~ 'T' .'," ~ I SUE ANN MOFFA, : IN THE COURT OF COMMON PLEAS OF PlaintitT : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO, 96- ~/.J.{) CIVIL TERM FRANCISCO MOFFA, Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this '1it of November, 1996, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Sue Ann Moffa, now residing at 103 East Main Stre:t, Apt. I, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Francisco Moffa, the following Temporary Order is entered, The defendant, Francisco Moffa, (SSN: 209-60-7223)(DOB: 06/19/65), now residing at 103 East Main Street, Apt, I, Mechanicsburg, County. Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Sue Ann MolTa, or ITom placing her in fear of abuse, The defendant is excluded from the marital residence located at 103 East Main Street, Apt. I. Mechanicsburg, Cumberland County, Pennsylvania, a residence which is jointly leased by the parties, and is ordered to stay away from any residence the plaintiff may in the future establish for herself The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telcphone and written communications, The defendant is enjoined from harassing and stalking the plaintilT and ITom harassing her relatives, The defendant is enjoined from entering the plaintiffs place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned hy the plaintiff A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C,S. ~6113; ii) a private criminal complaint under 23 Pa.C,S, ~6113,1; iii) a charge of indirect criminal contempt under 23 Pa,C.S. ~6114, punishable by imprisonment up to six months and a fine of StOO,OO-$ I ,000.00; and iv) civil contempt under 23 Pa.C,S, ~6114,1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullitY 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 an act of abuse or has engaged in a pattern or practice that indicates risk ofhann to the plaintiff. A HEARING SHALL BE HELD ON THIS MATTER ON THE IS d DAY OF NOVEBER, 1996, AT 9 .' '-15" A-.M., IN COURTROOM NO. .r, CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriffs 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. 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 by mail. The Shiremanstown and Lower Allen Township Police Departments shall be provided with certified copies of this Order by the plaintiffs attorney, This Order shall be enforced by any law enforcement agency where a violalion occurs by arrest lor 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 defenQanl sllall be taken without unnecessary delay before Ihe court thai issued the SUE ANN MOFFA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO, 96- 'J,) tJ CIVIL TERM FRANCISCO MOFFA, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa,C,S, ~6]OI et seq, A, ABUSE I. The plaintiff, Sue Ann Moffa, is an adult individual residing at 103 East Main Street, Apt. I, Mechanicsburg, Cumberland County, Pennsylvania 17055, 2, The defendant, Francisco Moffa, (SSN: 209-60-7223)(00B: 06/19/65), is an adult individual residing at 103 East Main Street, Apt, I. Mechanicsburg, Cumberland County, Pennsylvania. 17055, 3, The defendant is the husband of the plaintilT. 4, Since approximately December, 1994, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, placed her in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward her under circumstances which have placed her in reasonable fear of bodily injury, This has included, but is not limited to, the following specific instances of abuse: a) In or about late October, 1996, the defendant squeezed the plaintitrs fingers together causing her to cry out in pain, b) On or about October 26, 1996, the defendant threatened the plaintiff saying, "How'd you like it if I bust your face up and put you in the hospital like I did Connie (the defendant's fonner girlli'iend)?" 1 c) On or about October 19, 1996, the defendant called the plaintiff obscene names, threw an ashtray causing glass to spray all over the room, yelled at the plaintiff, and punched his fist through the window of the door, The plaintiff contacted the Shiremanstown Police Department, d) In or about July, 1996, the defendant called the plaintiff names and pushed her against the sink causing her to hit her back on the edge of the sink, The plaintiff sustained soreness about her back as a result of this incident, e) On or about June 29, 1996, the defendant demanded that the plaintiff stay awake with him as he drank, and when she tried to go to sleep, the defendant repeatedly grabbed. shook and poked her to keep her awake, The defendant threatened to "fuck up" the plaintiff if she tumed the light off. Later in the evening the defendant grabbed the plaintiff and again threatened to fuck her up if she told his friends of his behavior, and he repeatedly elbowed her in the nbs when she tried to sleep, f) In or about July, 1995, when the plaintiff refused to go into the house, the defendant shoved her and pushed her in the door, g) In or about June, 1995, the defendant poured beer over the plaintiffs head as she lay in bed, and called I,er names, h) In or about late December, 1995, the defendant threw a bowl of hot soup at the plaintiff narrowly missing her head and causing het soup to splash over her, The defendant slapped the plaintiff in the face causing bruising about her eye, The plaintiff contacted the defendant's probation officer; the defendant's parole was revoked, and he was remanded to the Cumberland County Prison for approximately one week. i) In or about December, 1994, the defendant pushed his way into the plaintitrs home, called her names, threatened her saying, "You're gonna pay for everything you've done 10 me," and threw beer in her face. When the plaintiff locked the defendant out of the house, he punched his fist through the window of the door, j) Since approximately December, 1994, the defendant has abused the plaintiff in ways including, but not limited to, pust,ing, slapping, punching, shoving, grabbing her anns, and pulling her hair, The defendant has threatened to bum the plaintiff with a cigarette, threatened to blacken her eyes, to fuck her up if she gets him into trol>ilie, and threatened to kill her if he found her with anyone else, The defendant has kicked the family cat about and has broken the plaintiff's personal possessions and household items when he was angry, 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 need of protection from such 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, 7, The plaintiff desires that the defendant be enjoined ITom harassing and stalking the plaintiff, and from harassing her relatives, 8, The plaintiff desires that the defendant be restrained from entering her place of employment, 9, The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff B. EXCLUSIVE POSSESSION 10, The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the names of Sue Ann Molfa and Francisco Moffa, I t. The plaintiff currently has no place to stay with her disabled daughter by a previous relationship except the marital home, and the defendant has ITiends in the area with whom he can stay, C. SUPPORT 12, The defendant has a duty to support the plaintiff, 13, The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage, payment of un reimbursed medical expenses for the plaintiff., 14, The defendant is employed at True Temper Hardware, and has an hourly wage of $9,00, IS, The plaintiff's income is insufficient to provide for her minimal needs until such time as a support order can be obtained by filing at the Domestic Relations Office, 16. The plaintiff intends to petition for support within two weeks of the issuance of a protection order, D. REIMBURSEMENT FOR COST OF CASE 17, The plaintiff asks that the defendant be ordered 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, WHEREFORE. pursuant to Ihe provisions of the "Protection from Abuse Act" of October 7, 1976,23 P,S. ~6101 ~~, as amended. the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order punuant to the "Protection from Abuse Act:" (, Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse; 2, Orderinglhe defendant to refrain from having any direct or indirect contact with the plaintiff' including, but not limited to, telephone and written communications; 3, Ordering the defendant to refrain from harassing and stalking the plaintilf and from harassing her relatives; 4, Prohibiting the defendant from entering the plaintiffs place of employment; 5, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff, and 6, Granting possession of the apartment located at (03 East Main Street, Apt. I, Mechanicsburg, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself pending a final order in this matter, 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: (, Ordering the delimdant to refrain from abusing the plaintiff or from placing her 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. 3. Ordering the defendant to refrain from harassing and stalking the plaintift. and from harassing her relatives. 4. Prohibiting the defendant from entering the plaintiffs place of employment. 5, Prohibiting the defendant Irom removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6, Granting possession of the apartment home located at 103 East Main Street, Apt, I, Mechanicsburg, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away ITom any residence the plaintiff may establish for herself pending a final order in this matter; 7, Granting support to the plaintiff in the amount of $64,50 per week payable to the plaintiff in the fonn of a check or money order, mailed to her mailing address, ordering the defendant to provide health coverage to the plaintiff. and ordering the defendant to pay all of the unreimbursed medical expenses of the plaintilT to the provider or to the plaintiff when she has paid for the medical treatment. 8, 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 assessing the $25,00 surcharge and court costs to the defendant if the case goes to hearing. . ....... . .. SUE ANN MOFFA. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA v, : NO. 96.6120 CIVIL TERM FRA>.JCISCO MOFFA. Defendant : PROTECTION FROM ABUSE PROTECTION ORDER AND NOW. this ~day of November. 1996, upon consideration of the Consent Agreemellt of the parties, the following Order is entered: I. The defendant. Francisco Moffa, is enjoined from physically abusing the plaintiff, Sue Ann Moffa. or from 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, 3, The defendant is ordered to refrain from harassing and stalking the plaintiff and from hafllssing her relatives, 4, The defendant is prohibited from entering the plaintiffs place of employment. 5, The defendant is prohibited from removing, damaging. destroying or selling any property owned by the plaintiff or jointly owned by the panies, 6, The defendant is excluded from the plaintiffs residence located at 103 East Main Street, Apt, I, Shiremanstown, Cumberland County, Pennsylvania. 7, The defendant is ordered to pay suppon to the plaintiff in the amount of $40,00 per week payable to the plaintiff in the fonn of a check or money order, mailed to her residence pending an order entered by the Cumberland County Domestic Relations Office in the matter. 7. The defendant agrees to pay interim support to the plaintiO' in the amount of $40,00 per week payable to the plaintitf in the form of a check or money order mailed to her residence pending the entry of an order by the Cumberland County Domestic Relations Office. Payments to commence immediately upon entry of the Protection Order and each . f"~/. rI}I. thereafter, 8. The defendant. although entering into this Agreement. does not admit the allegations made in the Petition, 9, The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (I) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 10, Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa,C.S, ~6113; ii) a private criminal complaint under 23 Pa.C.S, ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa,C,S, ~6114. punishable by imprisonment up to six months and a fine of$ 100.00-$ 1 ,000,00; and iv) civil contempt under 23 Pa,C.S, ~6114,l, WHEREFORE, the parties request that a Protection Order be entered to reflect the above _~T/l, ?1/~ Francisco Moffa, Defendant ~,. If' .. "- III ~ (J. ~ I . . " \"/ - " (.;' ,- I. -- r-I,. ,j I ". , ~> c , ,