HomeMy WebLinkAbout96-02870
\
I
"
",..
I,
'.',
,
I
"
I
.:(
"
o
O~
...
-
-
....
.t.
"
~ 1
1
~ \ ii,
I .~
f',.
...::.
-
...
~
"
'I /1
/
i
.1.'; t "
"
I,
/,
."1
"
I "I
,
I , , "
t. I
I " 'I,
\. I
\l'.
,
,
,/
,: ~i
" '- i
o. I,
:a I
.. I
(J , ,
I,
'\
0
C'
0- I
'1
)
.
.... (
0-
j ,
, -j ......11
the window of the restaurant. Fear Ing for hllr safety, the plaint I ff
reaalned at the restaurant until she thought the defendant had gone,
and when she left, she saw the defendant following her on the
Interstate. The defendant pursued the plaintiff a8 she exited the
hightway, and he follow"d her to two separate locat ions before
parking several vehicles away from hers. The defendant telephoned
the plaintiff on her cellular telephone several times, screa_ing at
her. The harassing phone callI! conUnued while she drove and after
sh" arrived home until approximately 1:30 a.m.
b) On or about May I, 1996, the plaintiff was at a restaurant
with her sister when the defendant ca~ to their table, poked his
finger at the plaint iff, put his face right up to hers, told her
that he saw her car outside the restaurant, called her a whore and
said she embarassed him by appearing at the restaurant.
c) On or about Apri I 30, 1996, the defendant threatened to
assault some legislators In the Capital Bui lding that he is
affiliated with as a lohbyist to get the attention of the press and
embarass the plaintiff. Then the defendant harassed the plaintiff
ahout a male friend of hers and threatened her saying, "I should
kill us all; I've thought about it, and I know how I'll do it."
d) In or about late January, 1996, the defendant telephoned the
plaint i ff on her cellular phone knowing that she had dropped her
daughter off at Ii bookstore, told her that her daughter had run away
and tried to convince her to go back to the bookstore where he WILS
waiting.
2
e) On or about December 20, 1995, the def/tOliant threatened the
plaint Iff saying, "/'11 ki 11 you both." (referring to the plaint i ff
and a male friend of hers). When the plaintiff and her daughter
returned home, they found the defendant waiting in his car in front
of their home. The plaintiff feared for her safety and that of her
dllughter.
f) In or about September, 1995, the defendant came to the
plaintiff's home, and using the plaintiff's daughter's set of house
keys, tried to get in. The plaintiff had bolted the door from the
Inside 50 he could not get in and in5telld banged on the door
repeated ly, ye 11 ing obscen it ies at the plaint i ff. The plaint iff
telephoned 911 for help and the Hllmpden Township Pol ice Department
responded.
g) /n approximately November, 1995, the defendant threatened to
!',ill the plllintiff.
h) /n or about 1991, the defendllnt punched the plaintiff in the
eye with his fist. The plaintiff sustained II bruised llnd swollen
eye as a result of this incident.
S. The plaintiff believes llnd therefore avers thllt she is in immediate
and present danger of abuse from the defendant and that she is in need of
protection from such llbuse.
6. The plaint iff desires that the defendant be prohibited froll haVing
any direct or indirect contact with the plaintiff including, but not limited to,
telephone llnd written communications, except for the limited purpose of
faell i tat ;,nl! custody llrranl!emcnts.
3
7. The plaintiff desires that the defendant be enjoined from harasslni
and stalking the plaint Iff. and frolll harassing her relat Ives, or the .Inor child.
8. The plaintiff desIres that tho defendant be restrained fro. entering
her place of employment.
9. The plaintiff desires that the defendant be enjoined fro. relavlng,
dalllllglni, destroying or se II ini any property owned joint Iy by the part les or
owned by the plaintiff.
B. EXCLUSI~...f9MMIDI!I
10. The house frOlll which the plaint I ff is asking the Court to order the
defendant to stay away from is owned in the name of Tanya Lee Milliron and the
defendant has never resided there.
C. LOSSES_am..Jm.UeURSI.'J4fXI' mlLCOBT OF ~
II. The plaintiff Bsks that the defendant be ordered to pay $250.00 to
CUllberland County, one of Legal Services, Inc. 's funding sources, In lieu of
attorneys' fees, as reimbursement for the costs of litigating this case, court
costs and the $25.00 surcharge.
WHEREFORE, pursuant to the provisions of the "Protection frolD Abuse Act"
of October 7, 1976,23 P.S. 86101 ~ ~., as amended, the plaintiff prays this
Ho.1orable Court to grant the following rei ief'
A. Grant a Temporary Order pursuant to the "Protect ion froll Abuse
Act: II
1. Ordering the defendant to refrain from abusing the
plaint i ff or placing her In fellf of abuse;
4
2. Ordering the defendant to refrain frOtll having any direct
or indirect contuct with the plaintiff including, but not
I hllted to, telephone and written cOtllJlunicot ions, except to
facilitate custody arrangements;
3. Ordering the c1efendllnt to refruin from harassing and
stalking the plaintiff and from harassing her relatives and
the minor chi ld;
4. Prohibiting the defendant from entering the plaintiff's
place of employment;
5. Prohibiting the defendant from removing, dallllging,
destroying or se 11 Ing property joint Iy owned by the part ies or
owned by the plaintiff, and
6. Ordering the defendant to stay aWIlY froll the plaint iff's
residence located at 53 Warwick Circle, Mechanicsburg,
Cumberland County, Pennsylvania, which the parties have never
shored, and ordering him to stay away from any residence the
plaint iff may in the future establish for herself.
B. Schedule a hearing in accordance with the provisions of the
"Protect ion 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
plaint i ff or placing her in fear of abuse.
2. Ordering the defendant to refrain from having any direct
or indireet cantaet with the plaintiff inClUding, but not
5
IIl1lted to, telephone and written cOlIIIunlcatlons. except to
facilitate custody arrangements.
3. Ordering the defendant to refrain froID harassing and
stalking the plaintiff and from harassing her relatives and
the minor chi Id.
4. Prohibiting the defendant from entering the plaintiff's
place of employment.
S. Prohibit Ing the defendant froll relllOvlng, dllllllglng,
destroying or selling ~roperty jointly owned by the parties or
owned by the plaintiff,
6. Ordering the defendant tt. stay away froll the plaintiff's
residence located ut Sj Warwick Circle, Mechanlcsburg,
CUmberland County, Pcnnsylvania, which the parties have never
shared, and ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself.
7. The plaintiff asks that the defendant be ordered to PRy
$2~0.OO to Cumberland County, one of Lcgal Services, Inc. 's
(undine sources, in lieu of attorneys' fees, as reimbursement
for the costs of lit ignt Ing this case, court costs and the
$25.00 surcharge.
The plaintiff further a~ks that this ~ctitlon be fl[ed and served without
payment of fees and costs by the plaint I ff, pending a further order at the
hearing, and that a certified copy of this Petition IlfId Order be delivered to the
6
!~I , I ). ()i~i~'ll~;:
, I .,;o,"S'r'
( rrj'../
"'I ';': ?,7
It... ,
,
'IE,!
, 1._",
',~ \./ Ii' \ 'I(
\'.1.,) ",I
,I
>I
il
"
~
'i'
I)oo~
.......
"
~
,
,
't
~
,~
, ,
TANYA LEE MILLIRON,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-2870 CIVIL
JOHN PATRICK MILLIRON,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
tJ,..J.'2~.i'" L-
AND NOW, this ~ day of ~~guat, 1996, this Court certifies
that the attached complaint has .been properly completed and
verified, and t~ere is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, the defendant, JOHN PATRICK MILLIRON, is directed to
appear for trial on the charge of Indirect Criminal Contempt
before the Court on the .:;e,' l<~ay of ~\'il~'-'''' "'--" 1996 at 3 :30
o'clock ..L .m. in Courtroom # 2:0. of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve thio
Order and petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By the Court,
Michael S. Schwoyer, Esquire
Chief Deputy District Attorney
/ ~I C'.-J..,. ~13. ~.
Edgar B':"/Bayley "(f J.
.',-,~" :,...,;.,'.A, r:>~Cl"\no
, I. ,~i:\ .
" I I,.,na
'.I,
JOHN PATRICK MILl.IRON
") ;U<-. , . i., (,' I
III,) ~ ["I"~ ~<.J.:L.-<' , .1') .t;.J
1')
....,,,....,,~h'i-o/..1"(.L J-,<.'P'-~-"""
4'7--' PrulliunO(MY
TANYA LEE MILLIRON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-2870 CIVIL,
JOHN PA'rRICK MILL I RON,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEAL'!'H'S P~;TITION FOR A Iil'.;ARING ON Cll~
OF INDIRECT CRIMINAL CONTEMPT
Michael S. Schwoyer, Chief Deputy District Attorney of
Cumberland County, Pennsylvania brings the following Petition for
a hearing on chargeo of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court,
A true and correct copy of the Order is attached.
2. The defendant's violet ion of this Order is averred in
the attached private criminal complaint.
3. The v.ictim requests the filing of an Indirect Criminal
Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The Commonwealth is requesting a hearing on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 56113.
6. 'rhe plaintiff and the defendant seek mod if icat.ion of
the Order based on the filing of this petition as the Court deems
appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. 56117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
Rj
Attorney
.
CRIMINAL COMPLAINT
IPRIVA'Ifl
alRT CF cn-r-m PLEAS CF
a.MlElllHKJCXUm
INDIRECT ffilMJNJll WffiWT
A 59317
jNC1DENf~~~~E~~e:~~~-'J01N
I.
.-:- /J
lAM YA ,J_,=L tRpA.-'_____
,r,-' ^/"""'(J/; I .111e.t.. '
( "lIt(r "hJ",,,,'II/l1f 1l1l1'lh I ~"'r'\t"'I'd /;ill polll/IIII II/hJl1 1/1)
.
NN..[
AND
ADDlI[ ~S
"1....,..""
r'-':"J:)
00l:
SS ~:
COMMONWEALTH OF PENNSYLVANIA
ml'ENDANI VS,
Joh I) /'-1,11. ~Yl
tf.{ t"a.do(ulyrot.. 'l>r j)
!Yl:.e.i'ltJ_;l:rs.ltt.r1' 111
'II.;! I <I '7
/ kj~'
do hereby Male:
(I) [XJ I accuse Ihe aD.we lIamed defendanl, who lives lit Ihe ad,lre" sel fllrlh ahove or.
o I accuse an individual whose lIame IS ullknown 10 me bUI who is describcd liS
i
'"
i
~
] ______~____.,._____.._..___... 111 ....__._._..____0_____._ ('()Ullty Oil llr ahlllll __.___.
'::: Participanls were (II ,h,,,,, ~1"I'Jlllru('I(lIU"\, pliJ,'I'lh"/f/luml'III"fl', f'I'/Il'tl//fIl1lh,' IItWh'otoh.n'('Jdl'lh/m/f)
o his nickname or popular deSl~lIalion IS unknown 10 me and, therefole, I have deSignated him herein
Doe; witb violating Ihe penal laws of the Commonwealth of Pennsylvania at ,.. ,_.___...,.___.
("1"(1' 1~111I'1'111 ,\/lhJ/I'f.\fnn)
as John
(2) The acls commltled by Ihe a<cused were: @ DID VIClAlt A PROltCTIrn ffiCM JlJ3USE !FIlER DAltO:
AT OCXJ<ET NlMlER: 'k - J,1f 7 /)
VIQATlrn (f THE !FIlER:
~,~ t./ .5"-S .. /qq t:"
IN THAT THE IHEN[),Ilf.jT OlD THE FQLCMING ACTS IN
5(.' e C).. fllJ..c.Jll! (L
all of which were againsl Ihe peoce and dignity of the Commonweallh of Pennsylvania and clJlllrary 10 the Act of Assembly,
or in violalion of and of the Act of
(,~('ion) (Suh . j(ll'lion)
or the Ordinance of
(I\Jllfirlll SlIh,Jm:\/II/1)
(3) , ask thai a warrant of arrest or a su,Mlnn' he issued and thai the accused be reqUIred 10 answer the char~es
I have Illade,
(4) I verify that Ihe fact' set ""Ih in Ih" cOmpl;lInl arc Irue arod correct 10 the best nf my knnwledge or Il1formallOI1
and helieI', TIlls verification is nla,le sub)ecl to the penalties of Section 4904 or the Crimes ('ode (IN I'a (' S,
f 49(4) relalin~ 10 unSW,'rn faISlf"atl"'l tn authorities, ~ '" '
____...,___.J{/q , 19 qkL C.dl(~)(<#::.{.,..ct.bp;.J?l{e..'!--...~ __".._,.__
U f,''lI~'I''/lII'I'tI'{'''''II/'111I'1Il1)
AND NOV.', on lhi!ol dal'.' II}. I t.:('rlll~ thl' ,"'lImpl;!llll ha~ ht.'l'lI plllpcrly l',llllpk'tCl! ilnd
Vtriritl1. and that thl'rl' I' prohahk CHI"t' Inl 1""11.1I1l'(' Ilf Pro"l''i'\
'/\(,,,..:;,,',,.II"/f/,"
I ~I\ I I
1110,,11111' 1/,111,"111
Al,I'l ,\'1'"
TANYA If;f. MILLIRON,
Plaint iff
IN TIlE COURT OF c:.'<M4ON PI.F.AS OF
CUMBf.RLANO COUNTY, PENNSYLVANIA
v.
NO. 96-2870 CIVIL TERM
JOHN PATRICK MILLIR(lN,
Defendant
PR(),J'E(~rION FROM ABUSE
~3t.X.L~~
Thill Agreement Is entered on t.his ,11..1-+- . day of May, 1996, by the
plaintiff, Tanya Lee Milliron, nnd the defendant, .John P'ltrick Milliron. The
plaint i ff is represented by Joan Cllrey of l.fXlAl. Sf:RVICF..B, INC.; the defendant is
represented by John J. Connelly, Jr. of roNNFJ,LY, REID" SPAIlP.. The parties
agree that the fOllowing may be entered as IIn Order of Court.
I. The defendant, .John Plltrick Milliron, will not abuse the plaintlrf,
Tanya Lee Milliron, or place her in fellr of lIouse.
2. The defendnnt Ilgrees not to have any dire(;t or indirect contact with
the plaintiff including, but not limited to, telephone and written
communiclltions, except for the limited purpose of facilitating custody
arrangements.
.1. The defendant Ilgrees not to hnmss nnd stalk the plaint Iff and not
to harass the plaintiff's relatives and the minor child.
4. The defendant agrees not to enter the plaintiff's plnce of
employment.
S. The defendant Ilgrel\!s to stllY lIway from the plaintiff's residence
locnted at S3 Warwick Circle, Mechllnicsburg, Cumberland County, Pennsylvania,
which the part ies have never shared, and he agrees to stay away from any
residenc6l the plaint iff may in the future estllhl ish for herself.
6. The defendant, al though entering into this Agreement, does not aclmi t
the allegat Ions mllde in the Pet i t ion.
7. The cleft'ndnnt understands thllt the Protection Order entered in this
matter will be in effect fur II period of one (I) year IInd can he extended beyond
that time if the ('OUr! finds that the defendant hn,; committedlln IIct of abuse or
has engl\ged in a patlern or prHctice that indicates risk of harm to the
plaintiff. The defenchlOt undl'f,;tllnds thllt this Order will be enfnrcellble in the
same mllnner a,~ the ('OUr! 's prior Tempornry Protect ion Order entered In this case.
8. Violat ion of the Protect ion Order may subject the dcfendllnt to: i)
arrest under 2.1 PII.C.,S. ~till.l; i I) a prlvllte criminal complllint umler 23 Pa,C.S.
~6JI3.1; iii) a charge of indirect criminlll contempt under 23 P'I.C.S. g6114,
Jlunishable by impri,;onment up to ,~ix months and n fi.ne of $100.00-$1,000.00; and
iv) civi I l'onlcmpt under 2.1 Pn.C.S. g6114.1.
WHEREFORE, the part ies request thnt a Protect Ion Order be entered to
reflect the above terms.
.1. '/
/(~\/'\:l. ~l'I)/('i."
--------.-
Tanya Lee ,."Ii II I ran, Plaint iff
, . { " '
j~:: d:;e~ (l~7f'
. At tOnley for Plaint iff
i'
./ohn J. Conn ,J r .
etornef for.,D~fendan~____
aJNNt:I.I.v":!w.lD " SPA()R
108-112 Walnut Street
Harrisburg, PA 17101-1626
(717) 238-4776
I.FXW. SERVlr.F~~, INC.
a Irvine Row
Carl.isle, PA 17013
(717) 243-9400
~
TANYA LEE MIl.LIRON,
Plaintiff
IN 'n1F. COURT OF COMMON PLEAS O~.
CUMI\f:RLAND COllNTY, PENNSYLVANIA
v.
NO. 96-2870 CIVIL TERM
JOHN PATRICK MILLIRON,
Ocfendant
I'RcyrEC1' I ON FROM ABUSE
xr QlIDIi!LFQR_~~I1~!IM!!;f,
AND NOW, this _3L___-Clny of_,f':f~~~t-, 1996, ulxm l'onsidtlratlon of the
IIttached Mot ion for Cont inunnctl, the mnttf#SChtldUltld for htlnrlng un FridllY, MIIY
31, 1996, at 9: 30 a.m., by this Court's Order of MI1Y 2.1, 1996, Is hereby
continued generally. This Order is entered without prejudice to either party to
reques t a hell I' i ng.
The Temporary Protection Order shill I remain in efftlct for a period of one
yell I' or unt i I further Order of Court.
A certified copy of this Order for Continuance will he provided to the
Silver Spring Township Police Depllrtment hy the plaintiff's nttorney.
By the Court,
IJtA &-lE ,~kt#;,L~--
~'fi':BaYley-; Judge \.
JOlin Carey
I.mAl. SERVICES, INC.
Attorney for Plllintiff
, I
John .I. Connelly, .II'.
CUilNF.I.L Y, RP. ID '" SPAIw.
At torney for Defendant
.,
,
"I,
, I'
,J
\
I,ll
\);
q !
I:,,)
, }
,"I'
"\
,
!\.
r'l
(',\'
;-,1
~'" tl
(I
t;\!'
, '
"
, ,
., ,
-,
t:.l
~/~ :
,.
,",
,;,
L.
~: '
\
I.
;:\
"
I.' ~ ,
"
, ,.1
','
, I
I.,',
, '
, ,
.1
\'/! ".,
)i ,,1
';"'11,1.'
!: ~!:: . ,
,',';
1/', ;j
,
1:11)
~'l : I
/,1:',',\
1'1'
.,
'(",
r.!] 1,,1
,1'/
h,PIi I'H_T.~"111'1'.~
I, , 11',1 '" , i' 1 . Ii' ,II' , 1 " I ,,', t" 11',/ ,I , ~',' 'n '1" " , , 1
,
, '.1 , I',>' , h , I, ')' II." 1,/1 ,>I i' '" I J , I, Ill" 1,1111'1 , , IIPI ., j I I. , Ii
, '" , 'II" ',It ." " 1'.1 I , h',ltl If III: I" , I' I'
',"~, " "
" , " 1"1 ,.j. I I " j'; I' , 1 . I I I , "'\0 j 'I. 1/, i, \,, I t'J " r' I' ',J) I.
,
1, I I t, , j , I' I I I, I I ~ I " (;I',M ~ ,.u";(
.
1 . ~.~ ) , II ,. I, , ,1,;.1 1 1 i:,l T J it! , l/:. ''','' !/I I I
1\ ~-c I' I (T I 1',\1 II,'
,
ill I!' I, " 1:'1 .: 1 , 11'\, " , I, \1
.' ,
II I,. II 'lit! .;;TH~',_,I<
"
,;.
{'_'II !1)1111'
.!:
',"
!:I<.lt,lr,:' .l\,\':{',II.dll',~lJ l'I';[' l'f'\';]']\IH Til ~'I" 1'111.111,'
"if.:!,;',.: I, E::, 'If'l TL\','
I._Ii-. t 'I. J'
:.1'
) ,I
1 l r " '~~#.; ~
--.: '/'/ /~.
k/' :A-"':'-"'~'~""''''''''-''''~...-:2?:--''
. ,..,~7r'''' "';r:,;-:€::. - !
I '1'1 ,I I i I! r", -, 1,\ . f: 11
,11\ I I, \' -I.,jl',.l
-1',1 1111'1
'\ '!I,',1
,\ 1 I I ,1 I" I I ~
Pjl 'I'"
p!.' ';,01'1
I:,j,!
1.11/,
1.')1.\
II,.!
',.
.', ,j
A( ,ft:.
(,L-
! I I
'if...
41~. a,~(i-1~1"
The defendant Is enjoined froe entering the plaintiff's place of
e.plo)'lMlnt.
The defendant is enjoined froN re~ving, damaging, destroying or selling
any property owned jointly by the parties or owned solely by the plaintiff.
A violation of this order MY subject the defendant to: i) arrest under 23
Pa.C.S. 16113; Ii) a private crl.lnal coaplaint under 23 Pa.C.S. 16113.1; III)
a charge of Indirect crl.ioal lX)I\tellPt under 23 Pa.C.S. 16114, punishable by
IlIPrisollllllnt up to sill aonths and a fine of $100.00-$1,000.00; and Iv) civil
conteapt under 23 fa.C.S. 16114.1.
This Order shall rellSin in effect unt II modi fled or terminated by the Court
and can be extended beyond its original expiration date if the Court finds that
the defendant has cOlllllitted an act of abuse or has engaged in a pattern or
"~1I:' ~::~~':::'~':~do~ ~::O~,7.:':':~f. 31 " '" of ~;
1996, at 9. ::k) A .11., in Courtrooll No...d...', Cumberland County Courthouse,
Carlisle, Pennsylvania.
The plaintiff may proceed without pre-payment of fees pending a further
order after the hearing.
The Cumberland County Sheriff's Department shall attellpt tu 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.
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 Silver Spring Township State Police shall be provided with a certified
copy of this Order by the plaintiff's attorney. This Order shall be enforced by
.~,.. I
the window of the restaurant. Fearing for her safety, the plaint Iff
remained at the restaurant until she thought the defendant had gone,
and when she left, she saw the defendant following her on the
Interstate. The defendant pursued the plaintiff as she exited the
hlghtway, and he followed her to two separate locat ions before
parking several vehicles away from hers. The defendant telephoned
the plaintiff on her cellular telephone several times, screaming at
her. The harassing phone calls continuerl while she drove and after
she arrived home until approximately 1:30 a.m.
b) On or about May I, 1996, the plaintiff was at a restaurant
with her sister when th~ defendant came to their table, poked his
finger at the plaintiff, put his face right up to hers, told her
that he saw her car outside the restaurant, called her a whore and
said she embarassed him by appearing at the restaurant.
c) On or about April 30, 1996, the defendant threatened to
assault some legis lators in the Capi tal Building that he is
affiliated with as a lobbyist to get the attention of the press and
embarass the plaintiff. Then the defendant harassed the plaintiff
about a male friend of hers and threatened her saying, "1 should
kill us all; I've thought about it, and I know how I'll do it."
d) In or about late January, 1996, the defendant telephoned the
plaintiff on her cellular phone knowing that she had dropped h~r
daughter off at a bookstore, told her that her daughter had run away
and tried to convince her to go back to the bookstore where he was
waiting.
2
0) on or about December 20, 1995, the defendant threatened the
plaintiff saying, "I'll kill you both." (referring to the plaintiff
and a male friend of hen). When the plaint i ff and her daughter
returned home, they found the defendant wai t ing in his car in front
of their home. The plaintiff feared for her safety and that of her
daughter.
f) In or about September, 1995, the defendant came to the
plaintiff's home, and using the plaintiff's daughter's set of house
keys, tried to get in. The plaintiff had bolted the door from the
inside so he couid not get in and Instead banged on the door
repeatedly, yelling obscenities at the plaintiff. The plaintiff
telephoned 911 for help and the Hampden Township Police Department
responded.
g) In approximately November, 1995, the defendant threatened to
ki II the plaint iff.
h) In or about 1991, the defendant punched the plaintiff in the
eye with his fist. The plaintiff sustained a bruised and swollen
eye as a result of this incident.
5. The plaintiff believeR 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 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 wri t ten communicat ions, except for the limited purpose of
facilitating custody arrangements.
3
7. The plaintiff desires that the defendant be enjoined from harassing
and stalking the plaintiff, and frOl harassing her relatives, or the ..inor child.
8. The plaintiff desire~ that the defundant be restrained froll entering
her place of ellploYJll\'nt.
9. The plaintiff desires that the dllfendant be enjoined frail rellOving,
dalllaglna, destroying or selling any property owned joint 1y by the parties or
owned by the plaintiff.
B. EXCLUlIl.Y.ILfOtWlUUII
10. The house fr~ which the plaintiff is asking the Court to order the
defendant to stay away frail Is owned In the nalle of Tanya Lee Milliron and the
defendant has never resided there.
C. l.088E11 AND RB(IRIRItIYlM'M OOIIT OF cAsE
II. Tho plaintiff "Ilks that the Itefundllnt be ordered to pay $230.00 to
CUllberland County, one of Leaal Services, Inc. 's fundlna sources, In lieu of
attorneys' fees, as rei.burselllont for the COl'ltl'l of II t igat Ina this case, court
costs and the $23.00 surcharae.
I\tIEREFORE, pursuant to the provll'llons of the "Protection from Abuse Act"
of October " 1976, 23 P.S. 16101 t1 ~I~., as amended, the plaintiff prays this
Honorable Court to arant tile followlna re I iuf:
A. Omnt II Temporary Ol'dlll' pursuant to the "Protect ion from Abuse
Act :"
I. Orderlnll the dofllndMt to refrain frail abusing the
plaint I rr or placing her In fear of abuse;
4
2. Orderina the defendant to refrain froll having any direct
or indirect contact with the plaintiff including, but not
lillited to, telephone and written collUllunications, 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 child;
4. PrOhibiting the defendant from entering the plaintiff's
place of employment;
5. Prohibiting the defendant from removing, dalll8ging,
destroying or selling property jointly owned by the parties or
owned by the plaintiff, and
6. Ordering the defendant to stay away from the plaint iff's
residence located at 53 Warwick Circle, Mechanicsburg,
Cumberland County, Pennsylvania, which the parties have never
shared, and ordering him to stay away from any residence the
plaintiff may in the future establish for herself.
B. Schedule a hearing in accordance with the provisions of the
"Protect ion 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
5
limited to. telephone and written co..unications, except to
facilitate custody arranaements.
3. Order inll the defendant to refrain froll harassing and
stalkillll the plaint Iff and from harassing her relatives and
the lIIinor child.
4. Prohlbltlni the defendant from entering the plaintiff's
place of 11lDP Joy_nt .
5. Prohlb't inll the defendant from removing, d8llAging,
dlllltroylnll or 11111 I I nil property jointly owned by the part ies or
llwned by the plaint iff.
6. Ordllrlllll the defendant to stay away froll the plaintiff's
resldllnce located at 53 Warwick Circle, Mechanicsburg,
CUmberland County, Pennsylvania, which the parties have n~ver
shaulIl, and orderlna the defendant to stay away from any
residllncU the plaintiff may In the future establish for
herself.
7. The plaintiff asks that the defendant be ordered to pay
$250.00 to Cumberland County, one of Legal Services, Inc. '5
fundlnllllources, In lieu of attorneys' fees, as reimbursement
for the coUs of litigating this case, court costs and the
$25.00 surcharge.
Tho plaint Iff further asks that this Petition be filed and served without
pay,,",nt of fU1l1I lInd COl'lts by the plaint Iff, pending a further order at the
hellrini. and that a cert Ified copy of this Petition and Order be delivered to the
6
.1'
Silver Sprina Township Police Department which has Jurisdiction to enforce this
Order.
The plaintiff prays for such other relief as may be just and proper.
Respectfully submitted.
@~J'
, Joan Carey, Attorne)! or Plaintiff
,/ '/
LliG\L SERVICES, INC.
B Irvine Row
Carlisle, PA 17013
(717) 243-9400
/'
',',
I
'I
.'
7
The above-l\lIIIed plaint i rr. Tanya Llle Ni 11 iron. veri fies that the state.ents
lIlIde in the above Pet it ion are true and correct. Thepll1lnt Iff understands that
false state.ents herein are lade subject to the penalties of 18 Pa.C.S. 84904
relatlns to unsworn falsification to authorities.
Date:
~/:U/9~
.
, "
, ,
9
TANYA LEE MILL~RON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-2870 CIVIL
JOHN PATRICK MILLIRON,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
QRDER OF COURT
-ft i~~'""',.J,
AND NOW, this L day of t, 1996, this Court certifies
that the attached complaint has been properly completed and
ver.ified, and there is probable cause for the issuance of
proces.. In consideration of the attached Commonwealth'.
Petition, the defendant, JOHN PATRICK MILLIRON, is directed to
appear for trial on the char~e of Indir,ct Criminal Contempt
before the Court on the ,Jf" day of JV'!r:I,dt::t, 1996 Ilt1 j()
O'clock ~ .m. in Courtroom * -L of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the def~ndant cannot afford an attorney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By the Court,
. _:J(.'I\~/ '" :,1
Edgar B. Bayley
J.
.'
Michael S. Schwoyer, Esquire
Chief Deputy Dist~ict Attorney
JOHN PATRICK MILLIRON
C"t),v,. ,ll...L,(..,l,,( ?/nh"
J._' I'
. " '.J
".,
,
I '..~,J "' J
I ~.l..
~~.,i - ) ~. kJ
TANYA LEE MILLIRON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
: 96-2870 CIVIL
JOHN PATRICK MILLIRON,
Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHAR~
OF INDIRECT CRIMINAL CONTEMPT
Michael S. Schwoyer, Chief Deputy District Attorney of
Cumberland County, Pennsylvania brings the following Petition for
a hearing on charges of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2. The defendant's violation of this Order is averred in
the attached private criminal complaint.
3. The victim requests the filing of an Indirect Criminal
Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The Commonwealth is requesting a hearing on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 56113.
6. The plaintiff and the defendant seek modification of
the Order based on the filing of this petition as the Court deems
appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. 56117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
Resp
Attorney
MXr2H8 T\E 12:41
AUG-27-e8 ruE 0118
CRIMINAL COt.WlAlNl
DERIOO COOlLTlOO GROOP
DA CfFlCE
IPRlllAn)
FAll t{). 7172342077
FAX NO. 7172408184
P,02
P.OI
-- ----.--
.. I
_.-.-IA 59317
"
:.~"""1;"""'TYII'" ro..
CI'UlT a: l:()fG PLlAS a:
CII1IEIlNlO CQ.M'Y
..
.~-
n'lJRa'T OlIfolINIt ClM'Df1
I
,~1f(';"-~-
-..__.L........
'..... .,-----.--.,-.-
"._~.'IA
COMMONWEALTH OF PENNSYLIIANIA
OiFENOANT, VS,.
NAMll JDhn M L 1I t I'O'Y\
::ItESS M~b~~ 1)~).
It -rKTmi"I,*;.;;;-...i,jf;iiii<i:;Y;""""'.'''/fIIII/In".~r-'- 001I: qlzt}~ic.!)bU4 1-=l-06S'
10 hctllby Kill', 5S I:
I) III I .eeult Iht abO\le nlmod d,'.ndanL who H~'el allhe Iddrn. "I forlh above or.
.. 0 I aoeulo IIIl Inllivldual ..b<l'1 nllnt I. uukaown to ml bul who I. dcmfb.d lUI
l
1
~
-
.
o hi, nlokn."" or pOpur" dlll,natlon jl unhown to ml Uld. thereto,f, I hav, dlllianttld him herein la lohn
Do., wllh YIIlI,IIDII thO pen.1 taW1 of Ih. Commonwenlth or P\lnll.ll)'hanl. II ",... i
(f'IIIrt. trJIlJIl'vI .frMrullJn
-_"._"-0_" tn County on or about
hrllc:lpanll were (1/'Jw...."~n/rlfGItU,II...IIlIl'_" ~..,. "Pt<<'" "',"",........'tcf;o."r
Thl aCII conlmlll.ld by the I~OUlld wer" @ DID VIQ,AlE A PROlEcrl~ f1l.tM 1eUSE (ROOll)lllED:
--_..
1)
AT lXXXfT N\J1lfIl: q, - ~ t7'O
VIClATlOl CI 'IH! alrfR:
~ 5"\.15" - S -J:f t.
IN lliAT H llfmO?Nf DID 1}( FQLOOm .ICS IN
~t~~~. Spp.
~/ 1z.lq~
~II of which lIera allaln.1 \Ile peace an4 dianhy of I.ha CommOllweallh of Ptllnlylvania and conlrd/y \0 lhe AGt of Allernbly,
"III VI'''lIlln" nr ---{.l'f<"'.J and (sid..,,,,,,,,) 0' the Act of _ __...._,~.'.___
"' tb, ___........_.__ Ordin.lnce or "
(""'/1/<fII flit. 1M/I",)
] I I Ilk lhal a "'aI'r'''t of llrell or a summon. b, Issued and Ihal Ih. accused ba r,qulred 10 Inlwer Ihl charles
I "a~c mdde,
~) I \'Orll'y Ih" IN fa~I' .el rorlh In Ihi. complalnl ITI Irue and correcl \0 Ih. bul of my knowledle 0' inronntlion
and b.ller, "'hlll vCllriclli\1n II mad. lUbjecl 10 lh. pen.llfe. of lie.lion 49004 ~f the Crimol ('ude (IH PI. (., lI.
14'J04) nlllllllll II) un.,..,o", ra"trlulfon 10 aUlhoriU.v
. ..., ._-_....-$-:L_,19~
..---
\l'IO MOW. on Ihls dalo _____... " _' I (elllfy lhe cornple;1I1 haa becll pro\l411y complcl.~ end
rt'tlfltd. Iud I"". Ih,,. la probablv tUUIC tbr IlIual1~c of 1I111ellf.
tI1.;;,~i;;~11
7"'".""-__,..__ (SI'.A1. \
I"".I,,,ltUIIlItW',,
TANYA LEF. MILUIlON,
Plllint i ff
IN TIlE COUIlT 01' COMMON Pl.~:AS Of
CUMBEIlLANO COUNTY. PENNSYL VAN I A
v.
JOHN PATRICK MILLIRON,
Defendl\nt
NO. 96-2870 CIVIL TERM
PRm'F.CTION fl\OM ABUSE
~~M
This Agreement is entered on this ..11M.__ day of May, 1996, by the
plaint iff, Tanya l.ee Mi II iron, IInd the defendllnt, John Pntrick Mi II i ran. The
plaint i ff is represented by Joan Carey of I.1'XW. SERVICFA'l. INC.; the defendllnt i~
represented by John J, Connelly, Jr, of alNNF.I.LY, Rf:1D ... SPADE. The Pllrties
agree that the following may be entered as un Order of Court,
1. The defendant, John Plltrick Milliron, will not IIbuse the plaintiff,
TanYII Lee Nilliron, or place her in fear of abuse.
2. The defendllnt agrees not to have Ilny direct or indirect contact with
the plnintiff including, but not I imited to, telephone and written
communications, except ror the limited purpose of faeilitatin!!, custody
arrangements.
3. The defendant agrees not to harass and stalk the plaintiff and not
to harass the plaintiff's relatives and the minor child.
4. The defendant agrees not to enter the plaintiff's place of
employment,
5. The defendant IIgrees to stllY away from the pll\intiff's residence
located III 5.1 Wllrwick ('jrele, Mcehllnicsburg, Cumberlllnd County, Pennsylvnnill,
which the parties have never shared, and he agrclIs to stay away from any
residence the plaintiff may in the future establish for herself.
"
6. The defendllnt, III though enter inll into this Agreement. docs not admi t
the allegAtions mllde in the Petition.
7. The defendant understands that the Protect ion Order entered in thill
mat tel' wi II be in effect for a period of one (I) year and can be extended beyond
that time if the Court findll that the defendant hns commi tted nn act of abuse or
hall engaged in II pllttern or practice that indicates risk of harm to the
plaint i rr. The defendant undcrstnndll that this Order wi II be enforceable in the
same manner as the court's prior Tcmporary Protection Order entered in this case.
8. Violat ion of the Protect Ion Order may subject the defendant to: I)
arrest under 23 Pa,C.S. ~6113; i i) a private criminAl complaint under 23 Pa,C.S.
~6113.1; i i i) A chrlTge of indirect criminlll contempt under 2.1 PII.C.S, g6114.
punishable by imprisonment up to six months amra fine of .$100.00-$1,000.00; and
iv) clvi I contempt under 2,1 I'II,C.S, ~6114.1.
WI/F.REFORF.. the pllrl ies request that II Protect ion Order he entered to
ref lect the nbove terms.
I.EnAI. SI':RV JCt~'1. I NC .
8 Irvine Row
Car: illle, PA )701.1
(717) 24.1-9400
.
, t" . I,' /",' .
..+:-. ~-......---
T~nya Lee,Milliron. Plaintiff
,'.,....!~ IV \ ~(L\.. , A/'
10an Carey rr-'---
'Attorney for Plaint i rr
TRUE COpy FROM RECORD
III T"Uhllllly wh.,rllOf, I here unto set my hMd
~and' ~ ! ,,1i ,", ~lo/OtI ilt Carlisle, ~.
.J __,or , II{, 1~
I J.- , \ '"
I Pro tan.
, J "J ...,
", It 'I
u..:!S
o~ ~
~~ . . C')
...
. . 15~ ~
CI CI
zZ DIl ell: ...
... - ~Z <
015 ...,j ...,j I- <(:J -
::E~ ...,j ...,j llI\ 8wz
::E . ... - = t3 ~<
8~ z... :IE... CI -0 ~
... I: U I!:zO>
lol ... . "" lW l/):5 J: (/)
u..::l ...,j lol... :00 U"O "" - ....z
08 ... ...,jl: -I: CI Oa:a:z
&:c > < ... ell: III WW::l~
- :o-lW ....... DIl ::r:lD8
:JZ u .... <III lol ....~ .
8:5 <~ ~Cl ICl u.B ~
CI l- . DIl o (/)
wa: .... ICl
co = wu.. :J
::r:W N Cl uO a:
....~ I .., u: <
Z:J ~ II. 0
-0 ." 0
,
I 1~'JJt'
TANYA LEE MILLIRON,
P lainti ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-2870 CIVIL
JOHN PATRICK MILI,IRON,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
AND NOW, this ~
COURT
m"t~in96, this Court certifies
that the attached complaint has been properly completed and
verified, and there is probable ca~se for the issuance of
procesB. In consideration of the attached Commonwealth's
Petition, the defendant, JOHN PATRICK MILLIRON, is directed to
appear for trial on the charge of Indirect Criminal Contempt
before the Court on the.:D"J day of bi-ili'''' L'ec, 1996 at _~
- '.
o'clock -+L .m. in Courtroom * ~ of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland Cour.ty is directed to serve this
Order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By
" I
J.
Michael S. Schwoyer, Esquire
Chief Deputy District Attorney
.,--.) "
JOHN PATRICK MILLIRON
C' '~1'~' ~ (l...1,,,l,.:t..\... ') I, 'J. hI.,
;<. !)',
~~J.,;..) l.. L:;
COMMONWEALTH'S DTITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Michael S. Schwoyer, Chief Deputy District Attorney of
Cumberland County, Pennsylvania brings the following Petition fOI'
a hearing on charges of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2. The defendant'6 violation of this Order is averred in
the attached private criminal complaint.
3. The victim requests the filing of an Indirect Criminal
Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The Commonwealth is requesting a hearing on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 56113.
6. The plaintiff and the defendant seek modif ication of
the Order based on the filing of this petition as the Court deems
appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. 56117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
Re
Attorney
11..:$ ~
OZ ..,
Ul~ Z -
. a:~ ~
~g . o _
. c 5;:) :$
Il.z . co: ....
Zifi C .... co: "'8w~
co: ..J ;:)
~Il. .... ..J C U ~>
..J .... '-I, -0 ..J
:l!~ ..J E ~z:I:~
.... w..
8z E'" "".... c -:5...z
~8 ... > '-II: Oa:a:z
..J LW ... ...... co: WW;:)W
.... LW+' co: '0 I.I.l ~~81l.
~~ :.- ..JI: ....1: C
.... ... CCII co: u..;:) ~
'-I C" 0.... C OU l/l
:.-.... CII
8:5 Cl ."" .Cl wu.. ::J
wffi ,... C :z: uO ex:
III .... Cl u:: c(
i=~ N ~ u.. U
I 0
;!;B \0
en
~l:.I- u:;) j~t>V
.
TANYA LEE MILLIRON,
PLAINTIFF
IN THE COURT OF COM~ON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,I
It
"
V.
JOHN PATRICK MILLIRON,
DEFENDANT
96.2870 CIVIL TERM
\
ORDER OF COUBI
AND NOW, this 10th day of December, 1996, upon the relation by the attorney
for the Commonwealth, the petition to hold defendant In contempt, IS WITHDRAWN,
By the Court, ':/ /?
Samuel L. Andes, Esquire
For Plaintiff
I
Edgar B. Ba\le~
John J, Connelly, Jr., Esquire
For Defendant
Thomas A. Placey, Esquire
For the Commonwealth
:saa
t"'f"'-"- ,~.t ) ),/10/'1'" ,
..)of.'
,I.
I'"
l, i:,
"i
I!}',l
r:!\
1;-
,
"
I,
!.f
(".
,'\.. rll.
\.' l,t,
.',i'
,-,."" 1;1
. .
j j.
1/: 'i[',
, .
L,
"
I J (: ..I;l,~,
,
d'
Il.. '.",
,\
':,
"
"
"
"
','