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children.
You are ordered to appcar in person at the scheduled hearing held In this mailer on the
c Ii IJJ < '
~,/.., day ot},.- 1994 at 9i"/M., In Courtroolll No,.,f,
Plaintiff lIlay proceed in forllla pauperis pending a further Order after the hearing,
The Police Departlllent of East Pennshoro Township will he provided copies of this Order
by allorney for plaintiff, and are directed to enforce this Order hy arrest for indirect criminal
contempt without warrant upon prohahle cause lhatthis order has heen violated. whether or not
the violation Is commilled in the presence of the police officer, 23 Pa. C.S, ~6113. In the event
that an arrest is made under this section, the defendant shall not he taken to Jail but shall be
taken without necessary delay hefore the Court that issued the Order,
By the Court,
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The defendant allempted to set the plaintiff onl1re in front of her sevcn year old daul!hter. lie
poured gasoline from a gasoline can down the plaintiff's back [md nicked cigar ashes ontllp of
Ihe gasoline which was on the plailllill's buck. In ndditlon, the defendant wus yelling thaI this
is how the pluintiff was glling to die. lie ulso lhreatened Ihat the plaintiff would die Ilrst und
then the defendant would kill the children, slaling Ihat the the children would suffer hut the
plaintiff would nlll know how much the defendant nmde them suffer. Defendant also stated that
he was going 10 burn the house down and she would havc nothing including the children. The
defendant also struck Ihe plaintiff In the back of Ihe head and back of the neck with the partially
full gasoline can, throwing her body forward from the force. lie allempted III start a tire in the
house by pouring gasoline on a pile of clean clothes and then he threw a lit cigar onto the
gasoline drenched pile of clothes. Defendant repeatedly stated Ihat "Ihis is how il is going to
happen." Two of Ihe children were in Ihe home during the incident.
7. On September 10, 1994, the defendant was drunk and followed the plaintiff and
Iheir children to a picnic to which he was not invited and proceeded 10 obstruct the picnic with
accusatory comments and curses. later the defendant locatcd the plaintiff at a mutual friend's
house in the early hours of the morning and began screaming obscenilies and Ihreats at the
plaintiff, including "I'm here to stay, you will nevcr be rid of me and you will never sleep
peacefully again."
8. In addition. on September 10, 1994, the defendant threatened to kill his seven year
old daughter, Bethany. He stated "Die, Die, you will die" while poking her in the chest.
9. On September 9, 1994, the defendant was drunk and threatened to tear the house
down. He stated that he would never let the plaintiff sleep peacefully again.
10. Plaintiff believes and thereforc avers that she and the children are in immediate
and present danller of serious abuse frum defendant and that she and her children are in need
of protection from abuse.
WJlEREFORE, pursuant to the provisions of the "Protection From Abuse Act" 23
Pa.C.S. ~6101 et selJ., plaintiff pruys this Honorable Court to gralltthe f(lllowing relief:
A. Grunt a Temporury Order pursuant to the "Protection From Abuse Act".
I) Requiring the defendant to refrain from abusing the plaintiff and her minor
children. either personally or through his agents; and
2) Excluding the defend;lIlt from the residence at 60S Jluntington Avenue, Enola,
Pennsylvania.
B. Schedule a hearing in accordance with the provisions of the "Protection From
Abuse Act", and
C. After such hearing, enter an order against the defendant. to be in effect for one
years, as follows:
I) Directing the defendant to refrain from abusing the plaintiff and/or minor children.
2) Prohibiting the defendant from having any contact with the plaintiff, including,
but not limited to, restraining the defendant from entering the residence of the plaintiff located
at 60S Huntington Avenue, Enola, Pennsylvania, and from harassing the plaintiff or plaintiff's
relatives or minor children.
3) Granting possession to the plaintiff of the residence to the exclusion of the
defendant by evicting the defendant.
COUNT II. IN FORMA PAUPERIS
II. The allegations in paragraphs one through ten are incorporated herein by
reference. .
12. Pluindff does not huve funds uvuiluhle to puy the costs of filing und service.
WHEREFORE. pluinllff pruys thtll the petition he filed und service shull he mude
without puymelllof costs per 23 l)u.C.S. ~6106(h).
COUNT III. CUSTOUY
13. The ullegutlons In purugruphs one through twelve ure incorporuted herein by
reference.
14. Plaintiff seeks primary legal and physical custody of the following children:
!Sam Address Ave
1. Kyle Moss 605 Huntington Avenue. Enola, PA 17025 12
2. Cody Moss 605 Huntington Avcnue. Enola, PA 17025 8
3. Bethany Moss 605 Huntington Avenue, Enola, PA 17025 7
4. Jordan Moss 605 Huntington Avenue, Enola, PA 17025 3
15. The children were not born out of wedlock.
16. The children are presently in the custody of the mother, who resides at 605
Huntington Avenue. Enola, Pennsylvania.
During the past five years, the children have resided with the following persons and at
the following addresses:
Names
Address ~
Kit and Michael Moss, the mother and father
605 Huntington Avenue, 1991 - Present
Enola, Pennsylvania 17025
Kit and Michael Moss, the mother and father
152 Wyoming Avenue, 1982 - 1991
Enola. Pennsylvania 17025
17. The mother of the children is Kit W. Moss, currently residing at 605 Huntington
Avenue, EJlola, Pennsylvania, 1702S.
18, She is Illarried.
19. The father of the children is Michael Moss, currently residing al 60S Huntington
Avenue, Enola. Pennsylvania. 1702S.
20. He is Illarried.
21. The relationship of plaintiff to the children is that of Illother. The plaintiff currently
resides with the following persons:
IS.aIlK
I. Kyle Moss
2. Cody Moss
3. Bethany Moss
4. Jordan Moss
S. Michael Moss
RellltlDnshlp
Son
Son
Daughter
Son
Husband
22. The relationship of defendant to the children Is that of father. The defendant
currently resides with the following persons:
~ Relationship
1. Kyle Moss Son
2. Cody Moss Son
3. Bethany Moss Daughter,
4. Jordan Moss Son
S. Kit Moss Wife
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Kit Moss, for herself and on behalf
of her minor childr.en, Kyle Moss, Cody
Moss, Bethany Moss and Jordan Moss
vs
In tho Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-5283 Civil Term
Temporary Protective Order
Notice Petition for Temporary
Protoction Order and Custody
Michael Moss
Timothy Reitz, Deputy Sheriff, who being duly sworn according to
law, says on September 16, 1994 at 3141 o'clock P.M., E.D.S.T., he
served a true copy of Temporary Protectived Order, Notice Petition
for Temporary Protective Order and Custody, in the above entitled
action upon the within named defendant, to witl Michael Moss by
making known unto Michael Moss at 503 N. 21st Street, Camp Hill,
Cumberland County, Pennsylvania, its contents and at the same time
handing to him personally the said true and attested copy of the
same.
by Attya.
9-19-94
by
So an6wers&.., /,'
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Sheriff's CostSI
Docke ting
Mileage
14.00
8.40
22.40 Pd.
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Sworn and subscribed to before me
this
day of
1994, A.D.
Prothonotary
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KIT MOSS,
plaintiff
for her.elf and on behalf
her minor children:
KYLE MOSS, CODY MOSS,
BETHANY MOSS, and JORDAN
MICHAEL MOSS,
Defendant
CIVIL ACTION - LAW
PROTECTION FROM ABUSE/CUSTODY
94-5283 CIVIL TERM
IN REI PROTECTION FROM ABUSE
ORDER OF COURT
AND NOW, this 26th day of september, 1994, at
4:30 p.m., upon consideration of the Plaintiff's Petition For
Protective Order under the Protection From Abuse Act, and
following a hearing at which the Defendant did not appear,
notwithstanding that he had been served with notice of the time
and place of the hearing, it is ordered, adjudged, and decreed
as follows:
1. The Defendant is enjoined from physically
abusing or harassing the Plaintiff and their minor children.
2. The Defendant is enjoined from placing the
Plaintiff and their minor children in fear of abuse.
3. The Defendant is ordered to remain a~'ay from
the residence at 605 Huntington Avenue, Enola, Cumberland
County, Pennsylvania, for one year or until Plaintiff and their
minor children move out voluntarily, whichever date first
occurs.
4. The Defendant is ordered to stay away from
any r..idence the Plaintiff may establish for herself.
5. The Defendant is ordered to refrain from
having any contact with the Plaintiff.
6. The Police Department of East pennsboro
Township will be provided copies of this Order by the attorney
for Plaintiff, and is directed to 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 committed in the presence of a police officer. See
23 Pa. C.S. Section 6113. In the event that an arrest is made
under this section, the Defendant shall not be taken to jail but
shall be taken without unnecessary delay before the Court that
issued the Order. When that Court is unavailable, the Defendant
shall be arraigned before a district justice, who shall set bail
according to the provisions of Chapter 4000 of the Pennsylvania
Rules of Criminal Procedure.
7. The Defendant is hereby notified that if he
is found to be in violation of this order, he may be held in
indirect criminal contempt which is punishable by a fine not to
exceed $1000.00 and/or by a sentence of up to six months in jail
and any other appropriate punishment.
8. This Order shall remain in effect for a
period of one year.
In entering this Order, the Court finds that the
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MOSS:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KIT MOSS,
Plaintitf
for her.elf and on behalf
her minor children:
KYLE MOSS, CODY MOSS,
BETHANY MOSS, and JORDAN
MICHAEL MOSS,
Defendant
CIVIL ACTION - LAW
PROTECTION FROM ABUSE/CUSTODY
94-5283 CIVIL TERM
IN RE t CUSTODY /VISITATIOtl
ORDER OF COURT
AND NOW, this 26th day of September, 1994, at
4:30 p.m., upon prtisentation and consideration of the within
Petition, and following a hearing at which the Defendant did not
appear, notwithstanding that he was served with notice of the
time and place of the hearing, it is ordered regarding custody
and visitation of the parties' four children, Cody, Kyle,
Bethany, and Jordan, as follows:
1. Plaintiff shall have legal custody of the
parties' four children.
2. Plaintiff shall have primary physical custody
of the parties' four children.
3. Defendant shall be entitled to supervised
visitation at such times and plactis as the parties may agree; in
lieu of an agreement, Defendant shall be entitled to such
vi~itation and under such conditions as the Court orders
fOllowing his request for a hearing on that issue.
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10 2.. AH '94
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