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HomeMy WebLinkAbout00-02574 CORY WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 00-2574 CIVIL TERM BRANDYN MILLS, Defendant :CHARGE:INDIRECT CRIMINAL CONTEMPT IN RE: TESTIMONY OF CORY WILSON Proceedings held before the HONORABLE EDWARD E. GUIDO, Cumberland County Courthouse, Carlisle, Pennsylvania, on Monday, May 15, 2000, in Courtroom Number Five. APPEARANCES: Michelle Hamilton, Esquire Assistant District Attorney For the Commonwealth Austin F. Grogan, Esquire For the Defendant U', ~ _.~ >., FOR COMMONWEALTH Cory Wilson INDEX TO WITNESSES DIRECT CROSS REDIRECT RECROSS 3 7 15 15 REBUTTAL Cory Wilson, recalled 16 2 - 1 2 3 4 5 6 7 8 9 10 11 . ~ '. wilson. , , .;,'-." 'i _' 0 -,._." _, ..j < >'0,<, .".~.~;" "_=' ,"'_'c, ,/_. .",_..', - MS. HAMILTON: The Commonwealth calls Cory Whereupon, CORY WILSON having been duly sworn, testified as follows: DIRECT EXAMINATION Q A Q A Can you state your full name? Cory Lee Wilson. Spell your first and middle name. C-o-r-y. L-e-e. BY MS. HAMILTON: 12 Q Mr. Wilson, I'm going to show you what has 13 been marked as Commonwealth's Exhibit 1. Defense counsel 14 15 16 17 18 19 20 21 22 23 24 25 has already had a chance to look at this. what that is? A Q order? A Q A Q the X by it? Can you tell me The Protection from Abuse order. Is that a temporary Protection from Abuse Correct. What is the date of that order? The 25th of April, the year 2000. Could you read for me paragraph 1 that has THE COURT: I can read. 3 1 BY MS. HAMILTON: 2 Q Cory, I'm going to -- Mr. Wilson, I'm going 3 to direct your attention to April 30th of 2000, somewhere 4 around 4:30 p.m. Would you tell the Court what happened? 5 A I had dropped a friend off on Columbia 6 Avenue and was returning home driving southbound on North 7 Enola Drive. 8 9 10 11 Q A Q A Where's home? Back at my mother's house. And that would be on? 323 South Enola Drive. And the defendant 12 yelled fuck you and gave me the finger, and then another 13 guy that was walking with her waved me back -- motioned 14 like this to come back. 15 16 17 Q A Q And did you go back? No. Did you stop? When you were heading south 18 on Enola Drive, is that the quickest route to your mother's 19 house? 20 21 22 23 24 that time? 25 say that? A Q Yes, it is. Do you know where the defendant lived at A Q Yes, I do, ma'am, 211A North Enola Drive. Where was the defendant when you heard her 4 1 2 Shop. 3 4 5 6 7 A Passing in front of A Perfect Affair Flower Q A Q A Q A Perfect Affair? Correct. Is that where she lives? Right beside it. Now, when you were driving, was she facing 8 you? Was her front facing you or her back facing you? 9 A Her front was facing me. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q A Q A Q And you're positive it was her? Positive. What kind of car were you driving? A white Ford Taurus. And is that car registered in your name? No, it is not. It's in her name. In Brandyn Mills? Correct. What was the weather like outside? It was hot that day. Did you have your windows down? Yes. All of them. Is it a two door or a four door? It's a four door. Now, when you drove past the defendant, what side was she on? Your driver side or your passenger's 5 1 side? 2 3 4 going? 5 .-.-',- A Q Passenger's side. Do you remember about how fast you were A About 25 miles an hour. Between 20 and 25. 6 Q In addition to saying the words that she 7 did, what else did she do, if anything? 8 A That was everything I seen. 9 Q You heard her say? 10 11 12 13 14 raised? 15 16 17 with? 18 19 20 A Q A Q Fuck you. And then did you see anything or not? She gave me the finger. Do you remember what hand it was that she A Q I believe it was her right hand. Did you know the person she was walking A No, I did not. MR. GROGAN: Objection. THE COURT: Overruled. 21 BY MS. HAMILTON: 22 23 24 25 Q A Q A Did you honk your horn? No, I did not. Did you make any gestures? No, I did not. 6 1 2 3 Q Did you say anything out the window? " I i I I 1 I A No, I did not. Q Did you say anything to the defendant or the 4 person she was walking with? 5 6 7 8 A No, I did not. Q And you stated you didn't stop? A I did not stop. Q Since the temporary Protection from Abuse 9 order, did you have -- have you made any contact with the 10 defendant? 11 12 13 14 A No, I have not. Q By phone or mail? A No, I have not. Q Was this the first time you've seen her 15 since April 25th? 16 17 18 A Yeah. MS. HAMILTON: I have nothing further. THE COURT: Mr. Grogan. 19 CROSS EXAMINATION 20 BY MR. GROGAN: 21 Q Mr. Wilson, I just want to make sure I 22 understand the geographies that we're dealing with. 23 Brandy resides at 211 North Enola Drive; isn't that 24 correct? 25 A 211A, sir. 7 I' "0'" '-',.,..,j-" . ",- -'-~" ,~ 1 Q And that A is an apartment? 2 A No. It's a house beside a flower shop. 3 Q And you're currently residing at your 4 parent's home on South Enola Drive? 5 A That is correct. 6 Q And the phone number at your parent's, if 7 I'm correct, is 732-4532? 8 A That is correct. 9 Q All right. And you've been there at your 10 parent's home since you and Brandy split up; isn't that 11 correct? 12 A No. I left and stayed with a friend for a 13 period of time. 14 Q And you and Brandy actually split up on 15 April 16th; isn't that correct? 16 A No, that is not correct. 17 Q Are you saying that you actually separated 18 from her on April 25th? 19 20 A Q No. I left on April the 2nd. Okay. So you did not see Brandy on April 21 25th, did you? 22 A No, I did not. 23 Q Okay. So when the DA asked you when was 24 the last time you saw her, and you said April 25th, that 25 was incorrect? 8 1 I ~ '. ,. j-~ . .'~ .- ~..'. ~.- .'~-'~~, - ~ A Excuse me. You're messing me up a little 2 bit. The 25th was the date that the PFA was brought out, 3 and I have not seen her since then. 4 Q Okay. So you actually saw her on April 5 16th when you caught her in bed with her new boyfriend, 6 Shaun; isn't that true? 7 8 A Q Yes. All right. And that's when you went into 9 her bedroom and assaulted she and Shaun? 10 11 12 Grogan. 13 BY MR. GROGAN: 14 Q Now, April 30th was not the first time you 15 went to the police to try to have Brandy arrested for MS. HAMILTON: Objection, Your Honor. THE COURT: Sustained. Next question, Mr. 16 violating the PFA; isn't that true? 17 18 19 20 A Q A Q April the 30th? Right. Correct. You actually went and spoke with Officer 21 Detective Daugherty insisting that he arrest her for 22 violating the PFA somewhere on the evening of the 25th; 23 isn't that correct? 24 25 A Q Correct. And they determined that that was not a 9 '1,-.- .1.. ~ '_;.' ,'" .- ',"','" ~ '-"'-'-' .' -, -~". .' ~- , ,- "'j1. 1 valid complaint; isn't that correct? 2 A Correct. 3 Q So then you waited four days and went back 4 on April 30th and made the same complaint, that Brandy was 5 harassing you; isn't that correct? 6 A Well, she had left several harassing phone 7 messages on my cell phone. 8 9 10 11 12 13 that correct? 14 15 Q A Q A Q And did you preserve those messages? Yes, I did. Did you turn them over to the police? No. They didn't want to listen to them. Now, on April 30th it was a Sunday; isn't A Q Correct. You actually started going up and down Enola 16 Drive midday on April 30th; isn't that correct? 17 A I went one time, and that was to pick my 18 friend, Dori, up and then I went back up one more time to 19 drop her off, and came back down the drive to drop -- to go 20 to my mother's house. Excuse me. 21 22 23 24 son now? 25 Q A Q So that is Dori Powley? Correct. And that's the woman that is caring for your A Correct. 10 ~ , ,'. = "' lu "', . ~,., . ',,", ;,.. -.;: ~.'" ""i;;,.:.., -. <;,.;~- t . _. ,.-',. J ~ 1 Q And that's Dori Powley, I think she's a 2 mother of one child? 3 4 5 6 A Q A Q Of two. And she is living in the Enola area? In West Fairview. West Fairview. Now, there's other routes 7 you can take to get to your mother's home without going by 8 Brandy's residence; isn't that correct? 9 A Yeah, but it's out of the way. 10 Q If you want to avoid a confrontation with 11 Brandy, you could have gone up 15 and come in an alternate 12 route to your mother's home; isn't that correct? 13 14 A Q Which takes longer and uses more gas. The question is, there's an alternate route 15 to get to your house without going by Brandy's home; isn't 16 that correct? 17 18 A Q Yes, there is. Now, on this particular Sunday you were 19 driving the white Taurus; is that correct? 20 21 A Q That's correct. That's the white Taurus that is registered 22 and titled in Brandy's name? 23 A That is correct. 24 25 Q A It's insured in Brandy's name? That is correct. 11 ..,1." 1 Q That is the car that you refused to return 2 to Brandy? 3 4 A No. MR. HAMILTON: Objection, Your Honor. This 5 is irrelevant. 6 THE COURT: Sustained. 7 BY MR. GROGAN: 8 You were driving her car on April 30th; is Q 9 that correct? 10 11 12 A Q A Correct. And that car has since been returned to her? Correct. 13 Q Okay. That was only after the police 14 interceded and told you to return this car? 15 MS. HAMILTON: Objection, Your Honor. 16 THE COURT: Sustained. 17 BY MR. GROGAN: 18 Q When you drove by Brandy, she was alongside 19 the flower shop next to her home; is that correct? 20 21 Correct. And you were -- you drove by there as slow A Q 22 as 20 miles an hour? 23 Yeah. Because there's a curb a big curb A 24 going down through if you're going southbound on Enola 25 Drive. 12 '-"_'-~ -,:~~i -1 .,,, ~s, _;,'_h -. ;~ 1 0'_ ,'; ~;' -.' ",,'o,_"'i.,:-~_, " ".j Q She is present with her current boyfriend, 2 Shaun; isn't that correct? 3 4 A That is correct. Q Okay. And there was -- was there anybody 5 else present there? 6 7 8 9 10 11 A Not that I seen. Q Now, it's your testimony she said fuck you? A Correct. Q And she gave you the middle finger? A Correct. Q Is that the extent of the interaction that 12 you claim happened on that Sunday? 13 14 this. 15 16 17 A I Well, her boyfriend motioned me back like Q And you were alone in the car at that point? A That is correct. Q And it's your testimony that you never 18 attempted to contact Brandy since that incident? 19 20 21 22 23 24 25 A I had not. Q You live with your parents? A Yes, I do. Q And both your parents work during the day? A That is correct. Q And they both work past 4:30? A That is correct. 13 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .',.. ;" " ~>__1, - :~.,;;_._,.~-.--'-;~;'~.,-. "" -, .,-, 1 2 3 4 Q So you're occupying the house alone up until sometime after 4:30 every day? A Not every day, no. Okay. Specifically on May 9th when you Q 5 returned Brandy's car to her, your parents were not -- were 6 at work at that point; isn't that correct? A They were at home when I returned the No. car. Q And you called Brandy at 4:26? MS. HAMILTON: Objection, Your Honor. This is May 9th. We're dealing with April 25th. THE COURT: Overruled. BY MR. GROGAN: Q And then you made a phone call from your parent's home to Brandy shortly before 4:30 on May 9th? A No, I did not. Q Who? Did your parents? A My mother did because my mother put all kinds of money into the car to get the car running. Q So the white Taurus that was returned damaged was returned by you or your mother? A It was returned by me and my mother. Q And at 4:28 somebody on your behalf contacted Brandy about the car? A I guess. 14 '" 1 2 Q A 3 4 questions. It was your mother? Yeah. MR. GROGAN: All right. I have no other 5 REDIRECT EXAMINATION 6 BY MS. HAMILTON: 7 Q Enola Drive? A Q Enola Drive? A 8 Do you know what the speed limit is on 13 MS. HAMILTON: I have nothing further. 14 THE COURT: Recross. 15 RECROSS EXAMINATION 16 BY MR. GROGAN: 17 Q Just for clarification, this happened around 18 4:30 in the afternoon? 19 A 20 Q 21 8:30 at night? 22 A That is correct. And then you didn't go to the police until No. I called the police right after the 23 incident happened. 24 25 questions. MR. GROGAN: All right. I have no other 15 liI-',., '-'L_.-, ...:. ~~~~, - ;1:', "'1'-. _ - 0>' .~ ;.'~_ _, , --1- .. . 1 THE COURT: Thank you, sir. You may step 2 down. 3 (Whereupon, the testimony of Cory Wilson 4 concluded.) 5 (Whereupon, the following testimony of Cory 6 Wilson occurred during rebuttal:) 7 MS. HAMILTON: Your Honor, the Commonwealth 8 for brief testimony will recall Cory Wilson. 9 (Whereupon, Cory Wilson was recalled.) 10 THE COURT: You're still under oath, sir. 11 MR. WILSON: Okay. 12 DIRECT EXAMINATION 13 BY MS. HAMILTON: 14 Q Mr. Wilson, do you know a Christy Blosser? 15 A Yeah. I think she's the neighbor that 16 lives across the street. 17 Q Did you see her outside with Brandyn and 18 Shaun around 4:30 that evening on April 30th? 19 A No, I did not. 20 Q Did you see any other little kids around? 21 A No, I did not. 22 Q How many times did you actually drive by 23 Brandy -- Brandyn's residence? 24 A Three times. 25 Q And the first time you drove by, who did you 16 . -, " ,. k',,_ , . ',"', ,"". I"::~",,,,, _,.~, ,~_' ", ""' .._; . 1 have in the car with you? 2 3 4 A Q A Nobody. The second time -- I just went to pick up Dori Powley, and then 5 after that we drove to another park, and then after we went 6 to the other park we came back up the drive to drop Dori 7 off, and then after I dropped Dori off I went back down the 8 drive back to my mother's. 9 Q So the first time you were going to pick up 10 Dori? 11 12 A Q Correct. The second time you drove by Brandyn's 13 residence who was with you? 14 15 16 17 18 19 20 21 22 23 A Dori. Q And then the third time was the incident that you claim the defendant yelled at you? A Yeah. Q Any of those three times did you see kids A No. No kids. MS. HAMILTON: I have nothing further. MR. GROGAN: No recross. THE COURT: Thank you, sir. You may step around? 24 down. 25 (Whereupon, the testimony of Cory Wilson concluded.) 17 .- . 0' '" '~_'Ii ,,,I , -,~ - , -,---;"j-,..", -"-"-,, ^ ~':! CERTIFICATION I hereby cert~fy that the proceedings are contained fully and accurately in the notes taken by me on the above c~use, and that this is a correct transcript of same. '"' ~A~ Michele A. Eline Official Court Reporter The foregoing record of the proceedings on the hearing of the within matber is hereby approved and directed to be filed. s &(/ fJ1) Date Edward E. Guido, J. Ninth Judicial District 18 . .~lilliUIIallilllllti_~ifi1ilIl1C.~IUilWIf~~~,,";\lo~~.w.l~;Jli!lf,~IIM"~ IJ.Nn~~~~J~PN~@d . , i 77YjQI~''1 !"'l('l "'" ""1''1, <) ::r::; :li 1.11; q~ (If' I rJI V{,.. tit";.",! nt'; "\If\{'(\f,r/'\, "-',' ot. 'Il','/f,." ::;r;'('~~-;:,.\,)t/:/ );-1' ...vdh'lJ ~.. ,,' ~.-, I I jO .' "I.JJ;!j' _I =-~~ '_IlliO--.." - , -" . " ;/ i r , I CORY WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 00-2574 CIVIL TERM BRANDYN MILLS, Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 15th day of May, 2000, after hearing, the Court cannot find beyond a reasonable doubt that the allegations of the indirect criminal contempt petition have been proven. Therefore, we find the Defendant not guilty. By the Court, Michelle Hamilton, Esquire For the Plaintiff c;:. ;;;:;u j - J '3 -00 RK3 Austin F. Grogan, Esquire For the Defendant :mae ..[ ~~!t: I' l;{ f::, ,!; j:;: If ,if 1, i" I I,. ~ i#liiOilll~ --~ D_Ji lIIL!lI!.,]) ,11m -~-, ~-'.~_dil~~~~~y\;iI~:lllIiIIlilIillHll Vil\"iI'-I}, C:\" I:)' \ ,I \ ,.....;! ~I\ d , "1)'1"""'1'"'\ "r- A.L \i j~...I,-,: -~; \,:.~.I:-::;.JI/\lnJ .--'.,-.lJh... I' I 'Q "\i ~u ~'1 ~ 8 I A VW 00 AU\Jln, n:. ',': . OV. "'}'\\,j, !-:.\.)uJ ::,"LL 3Oi::bO-Q3l:l .:10 ~~~. ^_ ,,,,.,1 ~~. _ ,_,=~" ~. . ~'" '-~''''"~~~'''''''' ...a....;.' "_.~,~-' - ~""~.... ~, ".- - \ . ~ ,-. L '." -.<.' . , CORy'LEE WrLSON, :IN THE COURT OF COMMON PLEAS Plaintiff for himself and on behalf of his minor child: LYRIN V. MILLS vs. BRANDYN MILLS, :OF CUMBERLAND COUNTY, PENNSYLVANIA ~NO. 00 - J57i- CIVIL TERM Defendant :PROTECTION FROM ABUSE :AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to, defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled for the ~ , 2000, at JOO ,P.m., in CQmber1a~d County Courthouse, Carlisle, pen;sy1vania. /5-1- day of Courtroom NO.~ of the You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect cr1mina1 contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. S2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ',;""" ili......"""'^'.'............~liIlIIiIiiI.IMrM<'II\lll~illillili.J~~*"i'r.-w.\~M'>tIIi'~~~Il!iJ..~,~wil~"MMi/1iiI;t~jJolJiiUilii!L@--~.,;,-""."~~'"~j'=~ ~, liB ;-- \ '''.' r,.~ll~\',t\i=---' V'i\ \i\~ 1\ \/\,)1 \1 '>I........, }\].Nr'ir:<>} (:1," T _."+11".;:"lJ'.~n8 ~; (':: r:_" .t': . i ?"- ".. .. i' 2~ ,',t", Ud '!.! ilml'&'f.>'':f, " I -- ~" " ,_",'_ .T'_' CORY LEE 'WILSON, :THE COURT OF COMMON PLEAS Plaintiff for himself and on behalf of :OF CUMBERLAND COUNTY, PENNSYLVANIA his minor child:Lyrin V. Mills: 1/ vs. :NO. 00 - 257T CIVIL TERM BRANDYN MILLS, Defendant :PROTECTION FROM ABUSE :AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: BRANDYN MILLS Defendant's Date of Birth: 05-23-74 Defendant's Social security Number: UNKNOWN Name of Protected Person: CORY LEE WILSON and LYRIN V. MILLS AND NOW, this ;;b day of April, 2000, upon consideration of the attached petition for Protection from Abuse, the court hereby enters the following Temporary Order: ~ 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. o 2. Defendant is evicted and excluded from Plaintiff's residence located at , Cumberland County, Pennsylvania, (a residence which is jointly owned/leased by the parties; owned/leased by the entireties; owned/leased solely by plaintiff/Defendant to which Plaintiff and the minor child/ren moved to avoid abuse, which is not owned or leased by the Defendant, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises, except for the limited purpose of transferring custody of the parties' child/ren. Defendant shall remain in his vehicle at all times during the transfer of custody.) ~ 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence which is currently undisclosed. ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ~ 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child: Lyrin Veigh Mills, D.O.B: 07-02-97. Until the final hearing, all contact between Defendant and the child shall be limited to the following: None ~ 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: 9mm. Handgun. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at 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 Defendant by mail. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff or the child in the jurisdiction or district or furnish any address, telephone number, or any other demographic infor.mation about Plaintiff or child except by further Order of Court. This Order shall remain in effect until modified or ter.minated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of har.m to Plaintiff. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firear.m license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of East pennsboro Township and the sheriff of Cumberland County. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ~ 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Undisclosed o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. 86114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. 86113. Defendant is further notified that violation of this Order may subject him/her ~ .,.. ., ~ -" ,,~' , - '_' '. .' ' ., "C. ,,' to state 'charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. SS 2261-2262. Any protection order qranted by a court may be considered in any subseauent proceedinqs. includinq child custody proceedinqs. under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE 90URT, Judge Joan Carey Attorney for Plaintiff j_J .-- , I ,~.,' .~.--- CORY LEE 'WILSON, :THE COURT OF COMMON PLEAS Plaintiff for himself and on behalf of :OF CUMBERLAND COUNTY, PENNSYLVANIA his minor child:Lyrin V. Mills: vs. :NO. 00 _';<57'1 CIVIL TERM BRANDYN MILLS, Defendant :PROTECTION FROM ABUSE :AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNT I 1. Plaintiff's name is CORY LEE WILSON. 2. The name of ALL the persons who seek protection from abuse are CORY LEE WILSON and LYRIN VEIGH MILLS. 3. Plaintiff's address is undisclosed. 4. Defendant is believed to live at 211A North Enola Drive, Enola, Pennsylvania. Defendant's Social Security Number is unknown. Defendant's date of birth is 05-23-74. Defendant is unemployed. 5. Defendant is mother of Plaintiff's child. 6. Plaintiff seeks temporary custody of the following child: Name Lyrin Veigh Mills Address Undisclosed Birthdates 07-02-97 7. Plaintiff and Defendant are the parents of the following minor children: Names Lyrin Veigh Mills Aqe 2* yrs. Address Undisclosed 8. The following information is provided in support of Plaintiff's request for an Order of child custody: . ., , <. ,",,-~. ',-'~ ' , ~" (a) The child was born out of wedlock. (b) The child is presently in the custody of Plaintiff, Cory Lee Wilson, who resides at an undisclosed location. (c) Since his birth, the child has resided with the following persons and at the following addresses: Child's nam.e Lyrin V. Mills Persons child Ii ved wi th Plaintiff & Defendant Address When Chambersburg, PA birth - 8/97 Lyrin V. Mills Plaintiff & Defendant 2llA N. Enola Dr. 8/97 - 4/2/00 Enola, PA Lyrin V. Mills Plaintiff undisclosed 4/2/00-present (d) Plaintiff, father of the child, is currently residing at an undisclosed location. (e) He is single. (f) Plaintiff currently resides with the following persons: Nam.e Lyrin Mills Relationship Son (g) Defendant, the mother of the child is Brandyn Mills, and she currently resides at 211A N. Enola Drive, Enola, Pennsylvania. (h) She is single. (i) Defendant currently resides with the following persons: ~ Shawn Gary Baughman Relationship Boyfriend Friend (j) plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. (k) Plaintiff has no knowledge of any custody proceedings < ..~' '<_I ~- ,-. ",-- _ _,N__<,'n'O ~._-_ '-'" concerning this child pending before a court in this or any other jurisdiction. (1) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. (m) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including the fact that Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since his birth, and who can best continue to take care of the minor child. Defendant's abuse of the child has adversely affected the child. 9. The facts of the most recent incident of abuse are as follows: On or about April 4, 2000, Defendant came to Plaintiff's residence and threatened that she would shoot Plaintiff, his son, and his family, including his father, mother, brother, sister, and sister's child, Ethan. Defendant then said, "You know I'm mental; I'll do it; I've got nothing to lose." Plaintiff reported these threats to the East pennsboro Township Police Department. 10. Defendant has committed the following prior acts of abuse against plaintiff or the minor children: a. On or about April 21, 2000, Defendant called plaintiff on the phone threatening the Plaintiff saying she would shoot the plaintiff and Lyrin with her gun and she would put a "hit on him." b. Approximately 2% months ago, Defendant smacked the child causing him to vomit blood and traumatizing him. c. Approximately 1% years ago, Defendant came home, chased Plaintiff through the home, hit Plaintiff in the head with a pot. She then chased Plaintiff up the stairs where he ran into a room, closed the door, and sat in front of the door to prevent Defendant from coming in. Defendant broke through the door, threw a pot and a bottle at plaintiff, again hitting him in the head. Defendant grabbed Plaintiff by the genitals, puncturing ,,,.. _Co '_',.;.,'; ~ --Wi tiis scrotum, causing bleeding. Plaintiff sought medical treatment at Holy Spirit Hospital where he had CT scans and an ultrasound performed. d. Approximately 2 years ago, Defendant hit plaintiff in the head with a pot above the eye, causing bleeding. e. Throughout their relationship, Defendant repeatedly threatened Plaintiff saying she will shoot him, have people "take care of him", and / or has Greek friends who will "take care of him," causing Plaintiff to fear for his safety and that of his child. f. Repeatedly in the recent past, Defendant locked the child in his room leaving him unattended for periods of time causing Plaintiff concern for the child's safety. 11. Defendant has used or threatened to use the following weapons against Plaintiff: 9 mm. Handgun. 12. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Undisclosed. 13. There is an immediate and present danger of further abuse from the Defendant. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff or minor child in any place where Plaintiff may be found. B. Order Defendant to stay away from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Award Plaintiff temporary custody of the minor child. D. Prohibit Defendant from having any contact with Plaintiff or minor child, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiff's place of employment. E. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's child listed in this Petition. ~0- . F. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. G. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. H. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. I. Order the following additional relief, not listed above: a. Defendant is required to relinquish to the sheriff any firearm license the defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's relatives. J. Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 14. The allegations of Count I above are incorporated herein as if fully set forth. . , .'"" " . 15. The best interest and permanent welfare of the minor child will be served by confirming custody in Plaintiff as set forth in paragraph 8{m) of the petition. WHEREFORE, pursuant to 23 Pa.C.S.~ 5301 et. Sea., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor child to her. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, j; II! " !I Dated: ~ ~6 () D Jil ~f Joan~ ) ~ Maryann Murphy Attorneys for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 , L "~ do, - --u"" _ ,,'~~ , - , L . . VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: 64/ Z Lf!Oo ~w~ Cory Lee Wilson, Plaintiff IIItfill""".i..,'~""'~".I~iiiilliilltt.tjji!jItii~~.I1k'1!4IMIlIili1ll'l<l~!W;' .'~-\~'.~....tilIiii. o .~ v .--...c ~~ .,<; , ["l 1:)' P.. t -P. . --L ~ Q.- -J "- IV . , ~ ~ Ei" P--I ~~ ):)~ ~a ~ r-- 6"- o ~ () ~.l~l~I;HJt,~, _ ""'''''.'..,. __,,=..,~,~< 'Ck,,,,' I. ., I~ , ~_ f" ,,,_ ~~""',~,,--- ,,"' .~ ~, .. " ........ ... ,," c ~ .~~- ~ ~'i r--' 0..:.. ....'" . .^") -,) '-,~ ',.J ,-,., 1',"\ :.-J ~- .' .\-n ..-=-: -<. ,0'1 :;"'--! "~5 :.<. 0) . CORY lEE WilSON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA for himself and on behalf of his minor child, l YRIN V. MIllS V. BRANDYN MillS, DEFENDANT 00-2574 CIVil TERM ORDER OF COURT AND NOW, this ~ay of October, 2000, upon mutual consent of both parties the hearing now scheduled for Monday, October 2,2000, at 1:30 p.m., IS CONTINUED GENERALLY. The matter may be relisted at the request of either party. The temporary protection from abuse order entered on August 25, 2000, shall remain in full force and effect. Austin Grogan, Esquire For Defendant /' r-,""~ l,6Y' \D'~ Joan Carey, Esquire For Plaintiff :saa 1I<1!1U1Wi1$il1I'liliilifoillllilillli@,iiWI/jWllliilm!iUIIIi~~lI!'i,&iU9~J'"-~~1iIl;!Ilf<ii"~~iill~~ llmt! L UT.IT .mllllltID.ID.J.f.I1!L~~~j"'J.~J _ ~ -" _d'~ _~_,_ ,e___ Y\NVi9\?~N.~g, JJ.NnCfJ ':1" I~bct'ln:) 1, J" 0 rJu 1 G:9 lW to. it:';!I('':;}::.,,' \..li..-""'- -".'t-\ ::1\.j ,. 07 . ~, .. ~_,~ ,_ ~~ -~ :..!ldlllli~ " "I CORY WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-2574 CIVIL BRANDYN MILLS, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT day of May, 2000, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause AND NOW, this .J--d for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, BRANDYN MILLS, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the .1f2- day of ~ _ ~ at JLO'clock(Gm. in Courtroom # J of the Cumberland Couhty 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 this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. , By the Court, ()~~~~ Jonathan R. Birbeck, Chief Deputy District Attorney BRANDYN MILLS l~UE COpy FROM RECORD In Testimony whereof, Il1ere unto ~ my llano and the seal of said Court at Carlisle. ~ Thill 3Y),. ~~ ~J1Jj pf;: " U:~ . ~ ProthonotarY , CORY WILSON, Plaintiff : IN THE COURT OF COMMON PLEASOF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 00-2574 CNIL BRANDYN MILLS, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Pennsylvania, brings the following Petition for a hearing on charges offudirect 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 criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa,C.S.A. ~ 6113. 6. The plaintiff and/or the defendant may 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. ~ 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. .~ ,L..~ ^._ I Ma~ 02 00 07:10a EAST PENNSBORO POLICE COMMONWEALTH m' PENNSYLVANIA C:OlTNTV m', Cu:riberland POLICE CRIMINAL COMPLAINT ;strict Jl&tic:e ....:Hefl. Robert V. Manlove COMMONWEALTH OF PENNSYLVAl\lIA VB. : 1901 State Street Callp Hill, Pa 17011 DEFENDANT: Tel<P1<n<>: NAME and ADDRESS r bJ:andyn mills 2U A J.'lOrtl1 til10la urive Eno1<<, Pa. 17025 -, (717) 761-0583 ~N'; ate Filed: TN: Ie. ~lty Illite 0 Asi"" 0 Sl<ICk o Hi""""le 0 Nath.. AmerIClll'l 0- .sA.ie.A. L -' 's sa. ')l o.o.a. trdant's SOC13l Seo.rlty erdiI'ltts SlO Femle o Male OS/23/1974 211-48-9597 18 Veh cle InfomBtfoo: .s Driverls lfQf"1S8 tlnt1er pLate t.Urt:ar Stm'A RAgfAtMffnn I:tfdt~) ~ laint/lnofdent N"lblrs if ol!lot Port """to C01\:>lolnt/lrcldrlnt NlIIbr 2000-04-0512 DL<ttrlct Attorney's Offke n Approved 0 Disapproved because: (The district attorTlOV may r<qJl...'-udt tho ""J'lalnt, .,_ ...1'IOI't of1'idaY{t, or both be oppI'OI'O:ll1( tile attomey for tllO tammlIlalth 1"'101' tv fit frv Pa.R.r.r.P. 107.) ISRS Cod:: (NBne Of Rt.tomey TOr lAIl.......ltn .. Please Pr1nt or J)1:le) I, 1. l'lr. . Mn R...RRP.T (1Iare A "'nt'Pl.... Print or T~) of East Pennsboro 'lbwnshio Police Deot (Id,"tf"fy o.por'tll1;nt or A!Iercy RepreoEnt..f IlI"d Political SlJ:divisicn) do hereby state:(chcck Lhe appropriate box) 1. IXI I at'CU8C the above named defendant, who lives at the addres.~ set forth above o T a~'Cu." llllllere1ll1..llL wlLUoe 1lll1lle ia ullkuuWll LtI me buL who I. dellCribed liS (S1ptUl"e Of A'ttQl1"GY" TCI" wnlUM!liILtn) (Di!t9) 1608 la!1'" r/l..D.) ~210300 (Po tee: AgtzV:f au Nwber) (OMll1nat1l'll1t/S'Cf tase Nulber(OCA)) o I accuse the defendant whose name and popular designation or nlckname is unknown to me and whom I have therefore deolgnated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at :Ill N. Ecola Dr. Ecola, Pa East Pennsboro Township (Pl.....Polltf..l UdMslcn) In 0Jrrber1and County on or about 1630 hour5 4-30-00 P-drUcipant.. were: (if there were participants, place their names here, repeating the name of the above defendant) brandvn mi 11 S 2. The acts committed bY the aeeused were: (set forth. .......IY of lI\o f."". sufflcl"" to odvi.. the _ 01 the "at"" of the _ ~. A cltal:iG1 to thO statute all..,.dly ,"alatEd wftMut more, fo not ~f'cid14:. In l!lI)wlDElry Q:!liQ, )OW ~i; ~;t.; tho ~H;c: l~t;Q'\ ard ~K:lCt:;c:n Of tha utaMa VI'" ordin:n;a allcpd(y Vtolatic:d.' '!he DEFENDl\NT 'Violated the l?ROl'OCTIOO' Fl<l::M A'BUSE CIlDER It 2574 Civil 2000,issued en April 25,2000, by the Hol1orable Judge Eligar B. Bayley, to WIT: '!he defendant was orO<;\TP.i.l to stay away fran the residence and to refrain fran harassina or staJ.Jd.ng the 'Victim. CtJry Lee wilson. '!he defendant had yelled obscenities to the 'Victim and nade an obscene gesture towards the victim. I?ROEl\BLE CAUSE: At 2030 hours 00. 4-30-00 I spoke to Col:y wilson who advised that he had been at the north end of the township dropping off a friend and upon driving southOOund on N. Erlola Dr. he bad driven by 211 N. Erlola Dri'\le. the addl::ess of the defendant. As he had done SO be obseJ:ved the defendant and a llElle indiv:ld1Jal narred Shawn, walking up the street. '!bey had seen him and the defendant yelled in a loud voice, "fuck you" and gave him the finger. 'Ihi.g Shawn pergon then made a I'l'Ot1cnin!)' gesture towatds the 'Victim as if he was being inst:ructed to ret=n. 'lhe victim advised he made no notion or statements and continued to drive south. Aa'C 412-(VI6)(Inten'let version) 1-3 , ''::'' p.7 I i I I I ! I I' I I l:- I I I t (i , Ma~ 0200 07:10a EAST PENNSBORO POLICE p.8 . (Continuation of 2.) Defendant Name: brandyn mills DoeketNumber: POLICE CRIMINAL COMPLAINT all of which were against the peace and dignity Qr tbe Commonwealth or Pennsylvania and contrary to the Act of Assembly, or in violation of 1. 6114 of ,he Title 23 1 (SectlOM) (Sub-Section) (PA Statote) (counts) 7. of 'he (Seotion) (SLb-Se<:tion) (PA St.tutO) (counts) 3. of the <S'C,"l.iul~) (Sub 'ecHen) (P^ Stotute) (c:ount~) 4. of the ($ee,ion) (Sub-Sec';.h) (PA Statut!!) (c:aunts) 3. I ask that a warrant of arrest or a summons be Issued and that the defendant be required to answer the charges I have made, (In order for a warr8I1t of arrest to il!sue, the attached afIiclavit of probable calISe mllSt be completed and :!\Yom 1.0 bd'ure UIl' WIling authority. 4. I verify that the fact.s set forth In this complaint are true and correct to the best of my knowledge or Infonnation and 'c..llef. This verification is mad. .nllied t.o the penalties of Section 4904 of the Crimes Code(l8 PA. C.S. e 4904) relating to unsworn fslslfication to authorities. /'JJ/J; j, ,;.~ CfL ~ ?&~-:.~ ~ urG 0 1lln AND NOW, on th is date , , I .ertllY the complaint h8.~ been properly completed and veri lied. An attulaVlt of probable cause must be completed in order for a warrant to iSS\le. $lW.. (Moglster18\ DlscrlCtJ AOPC 412-(4/96)(lnternet VerSiOn) (lssu\ng Autnorlty) 2-3 ~- . - - -~, CORY LEE WILSON, :IN THE COURT OF COMMON PLEAS Plaintiff for himself and on behalf of his minor child: LYRIN V. MILLS vs. BRANDYN MILLS, :OF CUMBERLAND COUNTY, PENNSYLVANIA ~NO. 00 - J57'-f CIVIL TERM Defendant :PROTECTION FROM ABUSE :AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you.must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled for the ~'-.:t.2:;l , 2MO, at "j':OO ,P .m., in Cumberl~d County Courthouse, Carlisle, Pennsylvania. ,s';'. day of Courtroom No.---d. of the You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 52261-2262. I II YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WJ:LL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. CORY LEE WILSON, :THE COURT OF COMMON PLEAS Plaintiff for himself and on behalf of :OF CUMBERLAND COUNTY, PENNSYLVANIA his minor child:Lyrin V. Mills: 11 vs. :NO. 00 - ::J..57T CIVIL TERM BRANDYN MILLS, Defendant :PROTECTION FROM ABUSE :AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: BRANDYN KILLS Defendant's Date of Birth: 05-23-74 Defendant's Social Security Number: UNKNOWN Name of Protected Person: CORY LEE WILSON and LYRIN V. KILLS AND NOW, this ;2D day of April, 2000, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: ~ 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. o 2. Defendant is evicted and excluded from Plaintiff's residence located at , CUmberland County, Pennsylvania, (a residence which is jointly owned/leased by the parties; owned/leased by the entireties; owned/leased solely by plaintiff/Defendant to which plaintiff and the minor child/ren moved to avoid abuse, which is not owned or leased by the Defendant, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises, except for the limited purpose of transferring custody of the parties' child/ren. Defendant shall remain in his vehicle at all times during the transfer of custody.) -I - ~ 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence which is currently undisclosed. ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ~ 5. pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child:' Lyrin Veigh Mi11s, D.O.B: 07-02-97. until the final hearing, all contact between Defendant and the child shall be limited to the following: None ~ 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: 9mm. Handgun . Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at 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 Defendant by mail. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff or the child in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff or child except by further Order of Court. ~" i , i I I ,i i I, Ii )1 11 I' i.j Ii Ii Ii ~ . This Order shall remain in el:f,ect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the pOlice department of East PennSboro Township and the sheriff of Cumberland County. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. 181 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Undisclosed o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. 56114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. 56113. Defendant is further notified that violation of this Order may subject him/her I I _.1 <-~". to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. 55 2261-2262. Anv protection order qranted by a court mav be considered in any subsequent proceedinqs. includinq child custody oroceedinqs. under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of ~ndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant. based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, Judge Joan Carey Attorney for Plaintiff CORY LEE WILSON, :THE COURT OF COMMON PLEAS Plaintiff for himself and on behalf of :OF CUMBERLAND COUNTY, PENNSYLVANIA his minor child:Lyrin V. Mills: vs. :NO. 00 - ;<.S7'1 CIVIL TERM BRANDYN MILLS, Defendant :PROTECTION FROM ABUSE :AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNT I 1. Plaintiff's name is CORY LEE WILSON. 2. The name of ALL the persons who seek protection from abuse are CORY LEE WILSON and LYRIN VEIGH MILLS. 3. Plaintiff's address is undisclosed. 4. Defendant is believed to live at 211A North Enola Drive, Enola, Pennsylvania. Defendant's Social Security Number is unknown. Defendant's date of birth is 05-23-74. Defendant is unemployed. 5. Defendant is mother of Plaintiff's child. 6. Plaintiff seeks temporary custody of the following child: Name Lyrin Veigh Mills Address Undisclosed Birthdates 07-02-97 7. Plaintiff and Defendant are the parents of the following minor children: Names Lyrin Veigh Mills Age 2* yrs. Address Undisclosed 8. The following information is provided in support of Plaintiff's request for an Order of child custody: IIiIiWili. (a) The child was born out of wedlock. (b) The child is presently in the custody of Plaintiff, Cory Lee Wilson, who resides at an undisclosed location. (c) Since his birth, the child has resided with the following persons and at the following addresses: Child's name Lyrin V. Mills Persons child lived with plaintiff & Defendant Address When Chambersburg, PA birth - 8/97 Lyrin V. Mills Plaintiff & Defendant 211A N. Enola Dr. 8/97 - 4/2/00 Enola, PA Lyrin V. Mills Plaintiff Undisclosed 4/2/00-present (d) plaintiff, father of the child, is currently residing at an undisclosed location. Name Shawn Gary Baughman Relationshi'O Boyfriend Friend I: 11 I' ~ II " 11 ii II Ii !i i I n j " ~ il i I I I I i I I I I I I I (e) He is single. (f) Plaintiff currently resides with the following persons: Name Lyrin Mills Relationship Son (g) Defendant, the mother of the child is Brandyn Mills, and she currently resides at 211A N. Enola Drive, Enola, pennsylvania. (h) She is single. (i) Defendant currently resides with the following persons: (j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. (k) Plaintiff has no knowledge of any custody proceedings t ^ , concerning this child pending before a court in this or any other jurisdiction. (1) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. (m) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including the fact that Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since his birth, and who can best continue to take care of the minor child. Defendant's abuse of the child has adversely affected the child. 9. The facts of the most recent incident of abuse are as follows: On or about April 4, 2000, Defendant came to Plaintiff's residence and threatened that she would shoot Plaintiff, his son, and his family, including his father, mother, brother, sister, and sister's child, Ethan. Defendant then said, "You know I'm mental; I'll do it; I've got nothing to lose." Plaintiff reported these threats to the East Pennsboro Township Police Department. 10. Defendant has committed the following prior acts of abuse against Plaintiff or the minor children: a. On or about April 21, 2000, Defendant called Plaintiff on the phone threatening the Plaintiff saying she would shoot the Plaintiff and Lyrin with her gun and she would put a "hit on him." b. Approximately 2~ months ago, Defendant smacked the child causing him to vomit blood and traumatizing him. c. Approximately 1~ years ago, Defendant came home, chased Plaintiff through the home, hit Plaintiff in the head with a pot. She then chased Plaintiff up the stairs where he ran into a room, closed the door, and sat in front of the door to prevent Defendant from coming in. Defendant broke through the door, threw a pot and a bottle at plaintiff, again hitting him in the head. Defendant grabbed Plaintiff by the genitals, puncturing 'dO' i: I: 'I fi " i) !i ~ 1 Ii 'I d jl Ii) ~l his scrotum, causing bleeding. plaintiff sought medical treatment at Holy Spirit Hospital where he had CT scans and an ultrasound performed. d. Approximately 2 years ago, Defendant hit Plaintiff in the head with a pot above the eye, causing bleeding. e. Throughout their relationship, Defendant repeatedly threatened Plaintiff saying she will shoot him, have people "take care of him", and / or has Greek friends who will "take care of him," causing Plaintiff to fear for his safety and that of his child. f. Repeatedly in the recent past, Defendant locked the child in his room leaving him unattended for periods of time causing Plaintiff concern for the child's safety. 11. Defendant has used or threatened to use the following weapons against Plaintiff: 9 mm. Handgun. 12. The following police departments or law enforcement agencies in the area in which plaintiff lives should be provided with a copy of the Protection Order: Undisclosed. 13. There .is an immediate and present danger of further abuse from the Defendant. I' I: I i'i n >'1 "I j 'I I ~ i :1 ~ WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff or minor child in any place where Plaintiff may be found. B. Order Defendant to stay away from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Award Plaintiff temporary custody of the minor child. D. Prohibit Defendant from having any contact with Plaintiff or minor child, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiff's place of employment. . E. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's child listed in this Petition. ~,- ~ 'H ,- "'~ -"'~ " F. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. G. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. H. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. I. Order the following additional relief, not listed above: a. Defendant is required to relinquish to the sheriff any firearm license the defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's relatives. J. Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency to serve Defendant with a copy of this petition, any Order issued, and the Order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 14. The allegations of Count I above are incorporated herein as if fully set forth. . 15. The best interest and permanent welfare of the minor child will be served by confirming custody in Plaintiff as set forth in paragraph 8(m) of the petition. WHEREFORE, pursuant to 23 Pa.C.S.~ 5301 et. Seq., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor child to her. plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Dated: ~\?51 0 D Ji~~~l~ ;:roan C ey . Maryann Murphy Attorneys for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 , , . ", t.- VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: CoLf! z. Lf/OO ~ ---- / /,/ f--~? ?//Z~ Cory Lee Wilson, plaintiff ". ~ .. CORY LEE WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Ii I:i v. : NO. 00-2574 CIVIL TERM , ,,< ;,j II 1'1 ;~ 1"1 I:J !:J !i!j I '] BRANDYN MILLS, Defendant : PROTECTION FROM ABUSE AND CUSTODY ORDER FOR CONTINUANCE 'I j, r~ i\l fl ii Ii !I 1; !l .ij 'I 'I AND NOW, this '*- day of May, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on May 1,2000, at 2:00 p.m, by this Court's Order of April 25, 2000, is hereby rescheduled for hearing on June 5, 2000, at 10:00 a.m. in Courtroom No. Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff (1 11 " I' 1,1 I il il " " " II II ,I 'I Ii II I! I I 2. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. Austin Grogan Attorney for Defendant Cofll:cS pV'cr-JJ.'[{y ~~~ - Cbfym:;u&c:C ~h/~ .s-;~/co ~ ilillfi!'~ ~~-~~IliIl>BliIIIIiI !il\l!Ii~~~~""''''"-' _.' .. liD', ,i J~Lal!", ~ ..I, ~ .,. b~l':I~~;M .. ,~ -,,'-" -, _^ , ,,_],O~c_ .....'.,~ ., .. , iIIlI!~. .... tI \J\","tI{\\J.,SNN3d l\ 'rQ" r' '.11\.\",,0.'''''''\ J\..I~N \ ',,) J\".'J j",;:J...J,j"lV CjS :'2. rid 11- h~i4 00 )..i;N10NO\-\jjJtkj 3\-\], ;;\0 :D\;J~6-CBI\:l ,,-~-j .- , . .. CORY LEE WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA " !: t i,'i i i~: v. : NO, 00-2574 CIVIL TERM BRANDYN MILLS, Defendant : PROTECTION FROM ABUSE AND CUSTODY ,(': ii. ~" I'; ~i: , MOTION FOR CONTINUANCE b 1:~: !:~ " W~ The Plaintiff, Cory Lee Mills, by and through his attorney, Joan Carey of Legal Services, t:: i' I I! !ii. iir ~ d' " r; , 1;: Inc" moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temorary Protection From Abuse Order was issued by this Court on April 25, [i Ii: it :'i 2000, scheduling a hearing for May 1,2000, at 2:00 p.m, Ii. !, 2. The Cumberland County Sheriffs Department served Defendant with a certified copy I, I; !; \~ i~ I' !( i, of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at her residence, 21 lA N. Enola Drive, Enola, on April 26, 2000. 3. The Defendant has retained Austin Grogan to represent her in the matter; however, attorney Grogan is in trial during the month of May. 4, The parties agree, by and through their respective counsel, that the hearing be rescheduled pending further Order in this matter. 5. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever , l ~ '..J ~ ~ , . comes first. WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 =~~" 't!j :1 II il 'I 'I :1 ~ [! .1 Ii , 'I -'i g f; ~i \1 ;1 '1 " I! f' I fj h '1 :i lMiirtlliMlLl ~.i.tI.:~~iiili-" ,,-'. "'. .. ".".,)l,;,~ :.-:I,Wl.UJ.UI,1JiL !iJ]~,,,, ,.~~J ,I. ,] """"~-~~~lIIIijlRg ''lWO".i~_n - ~ ," .., " ,-' '" ~ ." - ~, ~. o C' :>: ""'Oa~ !;pm 712 05J::~ r5;;; ~t--,' .,.~ ~-::C':\ s;(::i - S;' ~ . . .c:- ,'I jjc .. <:::> o :Jl:: .1'M -< , .1:.- o '1"1 ::;j ,'1~;IJ r- .om ~l)b 01 '.40. ..;~~ i,,')::r:1 i3~ -/ 55 -< "'0 ~ r:? . , " , CORY LEE WILSON, :THE COURT OF COMMON PLEAS Plaintiff for himself and on behalf of :OF CUMBERLAND COUNTY, PENNSYLVANIA his minor child:Lyrin V. Mills: ~I vs. :NO. 00 - :J..57T CIVIL TERM BRANDYN MILLS, Defendant :PROTECTION FROM ABUSE :AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: BRANDYN MILLS Defendant's Date of Birth: 05-23-74 Defendant's Social Security Number: UNKNOWN Name of Protected Person: CORY LEE WILSON and LYRIN V. MILLS AND NOW, this ;tD day of April, 2000, upon consideration of the attached Petition for Protection from APuse, the court hereby enters the following Temporary Order: ~ 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. o 2. Defendant is evicted and excluded from Plaintiff's residence located at , Cumberland County, Pennsylvania, (a residence which is jointly owned/leased by the parties; owned/leased by the entireties; owned/leased solely by plaintiff/Defendant to which Plaintiff and the minor child/ren moved to avoid abuse, which is not owned or leased by the Defendant, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises, except for the limited purpose of transferring custody of the parties' child/ren. Defendant shall remain in his vehicle at all times during the transfer of custody.) COMMONWEALTH'S EXHIBIT -1-._ SI.~I.~ :" " 181 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any cqntact at Plaintiff's place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence which is currently undisclosed. 181 4. Defendant shall not contact plaintiff by telephone or by any other means, including through third persons. 181 5. pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child: Lyrin Veigh Hills, D.O.B: 07-02-97. Until the final hearing, all contact between Defendant and the child shall be limited to the following: None 18I 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: 9mm. Handgun. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 18I 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at 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 Defendant by mail. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff or the child in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff or child except by further Order of Court. " ~_b =, .' 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 Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is required to relinquish to the sheriff any firearm license Defendant may pos~ess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the ret~rn of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of East Pennsboro Township and the sheriff of Cumberland County. Defendant is enjoined from damaging or destroying any property owned jointly by the ~arties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. 181 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Undisclosed o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTI~ MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. 56114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. 56113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. 5S 2261-2262. Anv protection order qranted bv a court may be considered in any subseauent proceedinqs. includinq child custody proceedinqs. under title 23 (Domestic Relationsl of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 60f this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weaponjs are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, Judge Joan Carey Attorney for Plaintiff 1- ~ ,1: CORY LEE WILSON, :THE COURT OF COMMON PLEAS Plaintiff for himself and on behalf of :OF CUMBERLAND COUNTY, PENNSYLVANIA his minor child:Lyrin V. Mills: VB. :NO. 00 _,;?,S7'1 CIVIL TERM BRANDYN MILLS, : Defendant :PROTECTION FROM ABUSE :AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNT J: 1. Plaintiff's name is CORY LEE WILSON. 2. The name of ALL the persons who.seek protection from abuse are CORY LEE WILSON and LYRIN VEIGH MILLS. 3. Plaintiff's address is undisclosed. 4. Defendant is believed to live at 211A North Enola Drive, Enola, Pennsylvania. Defendant's Social Security Number is unknown. Defendant's date of birth is 05-23-74. Defendant is unemployed. 5. Defendant is mother of Plaintiff's child. 6. Plaintiff seeks temporary custody of the following child: Name Lyrin Veigh Mills Address Undisclosed Birthdates 07-02-97 7. Plaintiff and Defendant are the parents of the following minor children: Names Lyrin Veigh Mills Aqe 2* yrs. Address Undisclosed 8. The following information is provided in support of Plaintiff's request for an Order of child custody: 1____ , '_d - ~ . (a) The child was born out of wedlock. (b) The child is presently in the custody of Plaintiff, Cory Lee Wilson, who resides at an undisclosed location. (c) Since his birth, the child has resided with the following persons and at the following addresses: Child's name Lyrin V. Mills Persons child lived with Plaintiff & Defendant Address When Chambersburg, PA birth - 8/97 Lyrin V. Mills Plaintiff & Defendant 211A N. Enola Dr. 8/97 - 4/2/00 Enola, PA Lyrin V. Mills Plaintiff Undisclosed 4/2/00-present (d) plaintiff, father of the child, is currently residing at an undisclosed location. (e) He is single. (f) Plaintiff currently resides with the following persons: Name Lyrin Mills Relationship Son (g) Defendant, the mother of the child is Brandyn Mills, and she currently resides at 21lA N. Enola Drive, Enola, Pennsylvania. (h) She is single. (i) Defendant currently resides with the following persons: Name Shawn Gary Baughman Relationship Boyfriend Friend (j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. (k) Plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. (1) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. (m) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including the fact that Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since his birth, and who can best continue to take care of the minor child. Defendant's abuse of the child has adversely affected the child. 9. The facts of the most recent incident of abuse are as follows: On or about April 4, 2000, Defendant came to Plaintiff's residence and threatened that she would shoot plaintiff, his son, and his family, including his father, mother, brother, sister, and sister's child, Ethan. Defendant then said, "You know I'm mental; I'll do it; I've got nothing to lose." Plaintiff reported these threats to the East Pennsboro Township Police Department. 10. Defendant has committed the following prior acts of abuse against Plaintiff or the minor children: a. On or about April 21, 2000, Defendant called Plaintiff on the phone threatening the Plaintiff saying she would shoot the Plaintiff and Lyrin with her gun and she would put a "hit on him.," b. Approximately 2~ months ago, Defendant smacked the child causing him to vomit blood and traumatizing him. c. Approximately l~ years ago, Defendant came horne, chased Plaintiff through the home, hit Plaintiff in the head with a pot. She then chased Plaintiff up the stairs where he ran into a room, closed the door, and sat in front of the door to prevent Defendant from coming in. Defendant broke through the door, threw a pot and a bottle at Plaintiff, again hitting him in the head. Defendant grabbed Plaintiff by the genitals, puncturing I. . ~ . his scrotum, causing bleeding. plaintiff sought medical treatment at Holy Spirit Hospital where he had CT scans and an ultrasound performed. d. Approximately 2 years ago, Defendant hit Plaintiff in the head with a pot above the eye, causing bleeding. e. Throughout their relationship, Defendant repeatedly threatened Plaintiff saying she will shoot him, have people "take care of him", and / or has Greek friends who will "take care of him," causing Plaintiff to fear for his safety and that of his child. f. Repeatedly in the recent past, Defendant locked the child in his room leaving him unattended for periods of time causing Plaintiff concern for the child's safety. 11. Defendant has used or threatened to use the following weapons against Plaintiff: 9 mm. Handgun. 12. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Undisclosed. 13. There is an immediate and present danger of further abuse from the Defendant. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff or minor child in any place where Plaintiff may be found. B. Order Defendant to stay away from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Award Plaintiff temporary custody of the minor child. D. Prohibit Defendant from having any contact with Plaintiff or minor child, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiff's place of employment. , 1-" ,'i E. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's child listed in this Petition. F. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. G. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. H. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. I. Order the following additional relief, not listed above: a. Defendant is required to relinquish to the sheriff any firearm license the defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's relatives. J. Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 14. The allegations of Count I above are incorporated herein as if fully set forth. 15. The best interest and permanent welfare of the minor child will be served by confirming custody in Plaintiff as set forth in paragraph 8(m) of the petition. WHEREFORE, pursuant to 23 Pa.C.S.~ 5301 et. Seq., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor child to her. plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Dated: ~\?51 0 () .~~.f ~oan C ey I ~ Maryann Murphy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 . .. VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: c;L-t! z. Lf /00 .;/' --- /../ t.--~Z t-/Z~- Cory Lee Wilson, Plaintiff .~. ~ ~". '- , ... \....'. il ~; CORY WILSON PLAINTIFF v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANDYN MILLS 2000-2574 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 19th day of June ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear befonMelissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp HiD, PA 17011 on the 11th day of .Jnly ,2000, at1:15 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this carmot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order. FOR THE COURT, By: Isl Melissa p, Greevy. Esq. f:j) Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE 1HIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR1H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 tf, c)(.t:l:J bot( a? f? -0)(. ?It? ,,," "-I ~- "~ _ .n'_, ~." - R".'_ "" - '~f~f:i~\ip,\W f'11"1 nll-! 2 ~ .....'..' ",_.' y.; rJ. lJ..n \ ~; t~. ;J"'" ,"_" .' [".,".; i\ITY 0U\'I':'->;'~f''': i ...;...J\)l"i' \..) '11...''-'''- PENN2Nul?NIJ\ &I ~ ~ ~ 4s.dt?"",,,, 71~- ~-z, ~S. ~~~4~ .. .- >, !!III"'!' .'...,.,.." , ~'l!~~'''''''''_;~_'I~.-.;'I1f" 1'?~r_, " .~~ ,I'W .'~i: ., ~~~!l~_,~Yw", 1II1il"" .. .... .. ~. ... - .~ CORY WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 00-2574 CIVIL BRANDYN MILLS, Defendant PROTECTION FROM ABUSE AND CUSTODY ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2000, at ,M" for a Pre-hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court and to enter in to a temporary order. Either party may bring the child/children who is/are the subject of the custody action to the confer~~ce, but"fu~ chiid's/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, By: Custody Conciliator YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 .'~ I ~ . ;"~l' ...... - > . .. - - CORY WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 00-2574 CML BRANDYN MILLS, Defendant PROTECTION FROM ABUSE AND CUSTODY PETITION TO SCHEDULE CUSTODY CONFERENCE AND NOW, this 7th day of June, 2000, the defendant, Brandyn Mills, by and through her attorney, Austin F. Grogan, Esq., avers the following: 1. The Plaintiff filed an Emergency Protection from Abuse gaining temporary custody of the parties minor child; 2. A dispute has arisen as to when and under what conditions the mother/defendant should see the child. WHEREFORE, the defendant respectfully requests that a custody conference be scheduled to work out the details pending a further Order of Court, Respectfully submitted, Austin F, Grogan, Esquire 24 North 32nd Street Camp Hill, PA 17011 (717)737-1956 ID# 59020 'm'_, t . .1'" " CORY LEE WILSON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA for himself and on behalf of his minor child, L YRIN V. MILLS V. BRANDYN MILLS, DEFENDANT 00-2574 CIVIL TERM ORDER OF COURT AND NOW, this l~ day of August, 2000,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Beginning on August 18, 2000, the Mother shall have partial physical custody of the minor child, Lyrin Veigh Mills, born July 2, 1997, on alternating weekends from Friday at 4:00 p.m. until Sunday at 8:00 p.m. In addition, Mother shall have partial physical custody on Tuesday and Thursday evenings from 4:00 p.m. until 8:00 p.m. each week. 2. Neither party shall do or say anything which may estrange the Child from the other Parent, injure the opinion of the Child as to the other Parent, or hamper the free and natural development of the Child's love and respect for the other Parent. Each Parent shall insure that third parties shall also comply with this provision during his or her periods of custody. 3. Except as modified above, the Temporary Protection from Abuse order of me of a hearing. ~ if~'\\~ , 1&l~"-~" ~ ~ Cl u.t?': <-2(=~ fi: :r: {~)~:=\ ~~::.~- 0::' 4,,,, cO I.J"l c;., ::C C- O " () ~-_..""""""" ~ -- .,:::; o o ~ =2..::( l.}- ()~ t:::l:::J ~- ~t~ ?~Z ;::;:3uJ 8"::'0.... ~c-- 2: -.J b ~,,~ ~,'-~,- -~ - ~~.,.~_..., ~--, >~ -'-~" ......~ 1lli~I~~__ -, .- .-. ~ "~ - . , (. ~ .. , ... ,; , . .. '&= , j Joan Carey, Esquire For Plaintiff Austin Grogan, Esquire For Defendant :saa -,.od, ~~- 1\ Ml""" ......... ,~ ~, " '''lL..J. CORY LEE WILSON, Plaintiff, for himself and on behalf of his minor child: Lyrin V. Mills v. BRANDYN MILLS, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2574 Civil Term :PROTECTION FROM ABUSE AND CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF July 2, 1997 Father Lyrin Veigh Mills 2. A Conciliation Conference was held on August 7, 2000, with the following individuals in attendance: The Mother, Brandyn Mills and her counsel, Austin F. Grogan, Esquire; the Father, Cory Lee Wilson and his counsel, Joan Carey, Esquire. 3. conference. hearing. The parties did not reach a full agreement with regard to custody at the Therefore, an Interim Order for Custody is recommended to the Court, pending a 4, Issues upon which the parties agreed: The parties will.cooperate in the evaluation of their son, and treatment, if recommended, by the Early Intervention Program. 5, Father's position: That Mother has indicated verbally that she cannot handle the child. Father repeated the allegations in the temporary PF A of April 25, 2000. He wants primary physical custody, with supervised visits for Mother. Father is willing to work toward Mother having unsupervised periods of partial custody. Father presently resides in his mother's home and works second shift (3:00 p.m. to 11 :00 p.m. or 4:00 p.m. to 12:00 a.m.). He has arranged for Early Intervention services to begin within the week. The therapist, Ayoka Campbell will meet with him at his home. 6. Mother's position: Disputes allegations of abuse or neglect. Mother wants primary physical custody but is willing to work on a shared custody arrangement. Mother presently resides in Chambersburg with her father and works providing day care to one child at home. , II l ~......\, 1H' ~ . Iii '.. - ~ ~"-'" , -> No. 00-2574 <- '- nliii 7, The temporary PFA is dated April 25, 200. One hearing has been held however it did not result in a Final Order. A second hearing is scheduled for October 2, 2000. In as much at the present Order has been in place for in excess of three months, the undersigned conciliator is ofthe opinion that the hearing for a Final Order should be rescheduled on an expedited basis, if at all possible, An interim Order to provide for partial custody for the Mother, in the form as attached, is rec mmended to the Court. Date ~ o~ - \ ",. ..... ,cl, .' SHERIFF'S RETURN - REGULAR ~, '., i NO: 2000-02574 P ''''"' COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILSON CORY LEE ET AL VS MILLS BRANDYN SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon MILLS BRANDYN the DEFENDANT , at 0014:55 HOURS, on the 26th day of April , 2000 at 211 A. N. ENOLA DRIVE ENOLA, PA 17025 by handing to BRANDYN MILLS a true and attested copy of PROTECTION FROM ABUSE together with & CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. CONFISCATED (1) BERATTA 40 CALIBUR HANDGUN Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.30 .00 10.00 .00 37,30 r~nr.~C;~( R. Thomas Kline 04/27/2000 - Sworn and Subscribed to before By: me this ts} day of Protho &tr([ to" ,~ i' ,j), ",:, t'i \; ,._r" ,=,." ,". , '~""',.,.,.,;" 'jlli .~ " ,,", .."~o.......... '( -t '( , ? l ~umberland Coupty Sheriffs Dept. Date Number of weapons seized I tf;,a ? ~ () Name ofDefendantOi ~ Ii/; -e./Ylk<'r>- /7J..{ . 2) J 11 .Ln-V<<P- J)/L-- t!~A'JL. Pq Weapons Confiscation , Court Order f).. 0 /';'1) 71 Address ~. ' ~'. (fin) A.tJ~1 - . 1'4 Telephone d LflJ"'> (, J 11J ~ r t.~.. ~,,~ ' ,,,,. ~Ji- ~f;<"- Model/Caliber f/ () {.J 3- &.~ Condition Serial No. Good <Self {1'73 :19;1# Make 1.,.t?..f'./LZ;;t4'~, 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. ., it .-// '. \,1 " 15. / - '1'1" ,', ".~,. , '" _",."".,..,., .r~-'" Comments .~ ';i p~~ r)/~4~/1/n/~ . Signature Sheriff or Deputy ('{ .'/~;,;<21 k (~j 4::/1~) Signatuf{ Defendant _'i ,~ ,_ .1 - --1- ~, ~~ji 1:L.' ....""-~ 1 BRANDYN MILLS PLAINTIFF V. CORY LEE WILSON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2574 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, June 11, 2001 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, July 17, 2001 , the conciliator, at 9:15 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made'to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa p, Gree'l!JI. Es~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE 1HIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 - ,"" y~, O~ ~ ..>~ '""' . _',-,"h' ',,,". _ '<~'~__"_' _~_<""""_<'~~_~'''' ~~"',"~ ~ <"~ ._""~- -- >, ]iiI FiLED-()i'FIC2 OF .. F"')T"'C:\JOTARY 01 JUN 13 Pri 1:3:~ CUMBEHLi;NlJ COUNTY PENNSYLVANIA ~'1.30/ M- &9;j1 ~ ;$ ~ 1//3 'CJ/ '71~ _~ $ ~ ~/J'CJI ~~ ~4~ " ..,., "',', .".', . -J:_'_'--'~ _.~.~ ,.jIJlll~". __~"'f""'!'!"'_, =~__ ~__" .. ,.,~-"lIt'I"'f-!')!l'V'""'_!f'-k"~~~~~~~iilfI!lll'l'l'~.~I~ _"7':; " " _,gU, ( ('r\ JUN 0 4200tfiJ BRANDYN MILLS, Petitioner : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CORY LEE Wll-SON, Respondent : 00-2574 : CIVIL CONTEMPT NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an order ofthe court for partial custody. If you wish to defend against the claim set fourth in the foUowing pages, you may but are not required to file in writing with the court your defenses or objection's Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on the day of , 2001, at M, in Courtroom IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have wil1fuIly failed to comply with its order for partial custody, you may be found in contempt of court and committed to jail, fined or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOURTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. BY THE COURT: J. Date: . '"~ " . I -I _.1 ,- , BRANDYN MILLS, Petitioner V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW CORY LEE WILSON, Respondent : 00-2574 : CIVIL CONTEMPT PETITION FOR CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER Comes now petitioner Brandyn Mills, Pro Se, and respectfu11y represents the following: 1. On the 10th day of August, 2000, The honorable Edgar B. Bayley did enter an order granting petitioner partial custody of the minor child, Lyrin V. Mills, a true and correct copy is attached hereto and made a part hereof. 2. Respondent has willfully failed to abide by the order in that: A. Respondent denied petitioner access to minor child, on petitioner's scheduled time's, [ as per attached court order ], on the following date's: 1. December 26, 2000 [ Tuesday] 2. December 29, 2000 [ Friday of weekend ] 3. January 02, 2001 [Tuesday] 4. AprilaI4,15, 2001, [Easter weekend] 5. April 17, 2001 [ Tuesday] 6. April 19, 2001 [ Thursday] 7. April 24, 2001 [Tuesday] 8. April 26, 2001 [Thursday] 9. April 27,28,29, 2001 [weekend] 10. May 01, 2001 [ Tuesday] 11. May 03, 2001 [ Thursday], [4:00 PM to 6:00 PM] 12. May 12,13,2001 [Mother's day weekend] [ 6:00 PM May 12, to 6:30 PM May 13, Mother's day] ~ ~ . k- ~ ~t B. Respondent's denial of access to child, by petitioner, has hampered the free and natural development of the child's love for petitioner, in as much the time denied petitioner on, but not limited to, special and sacred weekend's, [ Easter, and Mother's day], has denied both petitioner and child offond memory's which can never be retrieved. This type of action, by the Respondent's is expressly forbidden by paragraph 2. ofthe attached order. C. Further, it is allege, that the Respondent has himself: and allowed third parties, to do, and say thing's in an attempt to estrange the child from Petitioner, in an attempt to diminish the Petitioner in the Eye's of the child, further violating Paragraph 2. of the attached order . 'c_ -I_o~ J - ~--~". WHEREFORE, Petitioner request that Respondent be held in contempt of court. Respectfully, submitted ~~, ./7}jjA By: [Petiti~~r '] P/:ie Brandyn Mills P. O. Box 332 Enola, P A 17025 [717] 541-0238 '5/30 I of Date ~., - ~j-I ;~~I VERIFICA TION I verify that the statements made in this complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 5 4904 relating to unworn falsification to authorities. 5/'301 OJ Date h~ //}/Jj; Petitioner " . . _- I J _ _> _ , .llJ; ,:' .. (= ~ CORY LEE WILSON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA for himself and on behalf of his minor child, L YRIN V. MILLS V. BRANDYN MILLS, DEFENDANT 00-2574 CIVIL TERM ORDER OF COURT AND NOW, this lQ day of August, 2000,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Beginning on August 18, 2000, the Mother shall have partial physical custody of the minor child, Lyrin Veigh Mills, born July 2,1997, on alternating weekends from Friday at 4:00 p.m. until Sunday at 8:00 p.m. In addition, Mother shall have partial physical custody on Tuesday and Thursday evenings from 4:00 p.m. until 8:00 p.m. each week. 2. Neither party shall do or say anything which may estrange the Child from the other Parent, injure the opinion of the Child as to the other Parent, or hamper the free and natural development of the Child's love and respect for the other Parent. Each Parent shall insure that third parties shall also comply with this provision during his or her periods of custody. 3. Except as modified above, the Temporary Protection from Abuse order of lAUE COPY FROM RECORD '.n Testimony whereof. I here unto set my MilO an<I. the. ;.... m ... ~.rt a.t~ Carlisle. . Pa. E~# . ~ ~~/A~ Prothoriola April 25, 2000, shall remain in full force and effect pen~theq~me of a hearing. " . / /'1' B (he 90"", .' 1 . .y- . ['DO ~ ..,9 \' (if ~,\ ~ ~:... ~ I ~I CORY LEE WILSON, Plaintiff, for himself and on behalf of his minor child: Lyrin V. Mills v. BRANDYN MILLS, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2574 Civil Term :PROTECTION FROM ABUSE AND CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF July 2, 1997 Father Lyrin Veigh Mills 2. A Conciliation Conference was held on August 7, 2000, with the following individuals in attendance: The Mother, Brandyn Mills and her counsel, Austin F. Grogan, Esquire; the Father, Cory Lee Wilson and his counsel, Joan Carey, Esquire. 3. conference. hearing. The parties did not reach a full agreement with regard to custody at the Therefore, an Interim Order for Custody is recommended to the Court, pending a 4. Issues upon which the parties agreed: The parties will cooperate in the evaluation of their son, and treatment, if recommended, by the Early Intervention Program. 5. Father's position: That Mother has indicated verbally that she cannot handle the child. Father repeated the allegations in the temporary PF A of April 25, 2000. He wants primary physical custody, with supervised visits for Mother. Father is willing to work toward Mother having unsupervised periods of partial custody. Father presently resides in his mother's home and works second shift (3:00 p.m. to 11:00 p.m. or 4:00 p.m. to 12:00 a,m.). He has arranged for Early Intervention services to begin within the week. The therapist, Ayoka Campbell will meet with him at his home. 6. Mother's position: Disputes allegations of abuse or neglect. Mother wants primary physical custody but is willing to work on a shared custody arrangement. Mother presently resides in Chambersburg with her father and works providing day care to one child,at home. , ' _C"'tj No. 00-2574 7. The temporary PFA is qated April 25, 200. One hearing has been held however it did not result in a Final Order. A second hearing is scheduled for October 2,2000. In as much at the present Order has been in place for in excess ofthree months, the undersigned conciliator is of the opinion that the hearing for a Final Order should be rescheduled on an expedited basis, if at all possible. An interim Order to provide for partial custody for the Mother, in the form as attached, is rec mmended to the Court. Date - &--<~ , ,=v - .,.. m~:: _..'-. , Joan Carey, Esquire For Plaintiff Austin Grogan, Esquire For Defendant :saa ,'mf~"~~;",_;jij~.litl____Mt;lli"',"'Aiil"",.i,I'~i;],~<IlIiIroi~~~_tIilliI!Ili .. ~~,=_..- . ", ~ -~~. .- .- d_ ~ ~~" ~"~. . . . .. .,. *.. .. (') 0 G c: ., 5: <- ..-\ -o~ c:: F19~ -;;e: l~ , -"Jfn "::,0 ':).tJ.., --,I r :;.::::0 -V :r: :.,4 ~O :3 qCS ~O r:-? Oil-I -"-l ~ 0 ~ <-> . ~ I , , CORY WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-2574 CIVIL BRANDYN MILLS, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this ?~day of May, 2000, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, BRANDYN MILLS, is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the ,S day of ~ ~at .1I',Otl o'clock&.- .m. in Courtroom # .2 of the Cumberland Co ty Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. lithe 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 this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. Jonathan R. Birbeck, Chief Deputy District Attorney Edgar B. Bayle J, BRANDYN MILLS ;WI~"'''''''''''''''.' ~~~ 1~ I' , I' e ~ "'l I:: t: W] n~~~ __11i!lii~~"'I",1;;;~~"'~ -.-~,,,,""-~ ", _ ,." _J0"'~o"_,,,",_'N' "~~_'H,~_. ~ ~_^""" .., , """'"~ ~.- ~ , A1Nn~6v/~~SNN3d -', ,1,7JIJ~'~I" '-/ lo.j?'Jv'~no 80:1 ~!d " . ~. - A V/1 00 J.i:N.LONC'''''" . ,,' _ rLU(j'"'1 ),., ::JJ!:J:!O-031idll ::10 '" ~ f"'~~ '. -""'- , ,1.' , , CORY WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : 00-2574 CNIL BRANDYN MILLS, Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, 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 ofthe Order is attached. 2, The defendant's violation of this Order is averred in the attached criminal complaint. 3, The victim requests the filing of an Indirect Criminal Contempt Charge. 4, The District Attorney's Office approves the filing of this criminal complaint 5, The Commonwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa,C,S.A. 9 6113. 6, The plaintiff and/or the defendant may seek modification ofthe Order based on the filing ofthis petition as the Court deems appropriate following the trial in addition to any other sentence. 23 Pa.C.S.A. 9 6113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt -,- " .~ Ma~ O? 00 O?:10a EAST PENNSBORO POLICE p.? COMMONWJi'..ALTH Oh' l'ENNSYLV ANIA (;OlJNTY (W' CUmber1atrl POLICE CRIMINAL COMPLAiNT i~tt"iet JL&t:i.c=R ~:Hcn. Robert V. Manlove : 1901 State Street Canp Hill, Pa 1'7011 COMMONWEALTH OF l'ENNSYLVANIA Vs. DEFENDANT: relepmo; (717) 761-05a3 NAME end ADDRESS . rbrandyn mills 2U A J)lortJ1 ~la lJrive Eno1a, Pa. 17025 I L ..J tis kelE ieity ""It.< 0 A.i", 0 Black o Hi"""ioO N.tlve.......lca'\ 0 lh"""" eferdantls A.K.A. of~'. SOl< ferdant'.D.O.8. lliI Ferell! o Nal. OS/23/1974 21l-4S-9597 De~ntl, Vehlcle Infomatfoo: plate NI..nb;tr StRtA RAgiAtt"l\tfM !tti&t.lr(~) en:Dltls S(O C"",lalntll""ident Hutbr 2000-04-0512 District Attorney's Office n Approved 0 Disapproved because: . (~distrlct &ttOrl"l!V rmy l"(Q.liN:!LEc ~ carplaint:, arh;!St; WilIT~t affidavit, or b:nh be aRJl'OVEd I'f the attorney for the cantr:n.lJelth priol" to fHlr'Q P:;!JU~r_P. 107.) N1BllS Cod: (Nare 01' Attorney tor I:a1rmr'weal tn - Please Jlrmt or rype) I. 1 _ flr . Mrl R"'RI'\P.r (NatE of Affi8l1twPletl$e Print or T)'pe) of East Pennsboro Townshi Police De t (Identify ~~t or"A!!ercy Represented on:! Politicol SlJ::diviSlm) do hereby state;(check Lhe appropriate box) ]. IXI I accuse Lhe above named defendant, who lives at the address set fOlth ahove o r a\."Cu:sc all tl~rt:?lllll:luL wlLu~1::! llaUlI::! is unk.nownl,u WI:! buL wllv i.t1 describt;d ~ (S1lJ'ti31:U~ Of AttOrroy tor ~ltn) (Date) 1608 ( leer' r/l.D.) PA0210300 (pol ice AI/'lM'I au r) (Or, su,.!; 'll A!!ercy !:ase N (OCA)) o 1 accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore de.lgil..ted as .Tohn Doe with violating the penallaws of tho Commonwealth of Pennsylvania at :lll N. Etlola Dr. Etlola, Pa East Pannsl:>oro Township (PI...,..Polftic:ol Sl.Ixjfvlsi..,) in o.mberlerui _ County on or about 1830 hour", 4-30-00 Participants were: (if there were participants, place their names here, repeating the name of the above defendant) brandvn mills 2. The acts committed bY the !l.ccused were: (set forth a SlItI'Ilary of the. fads sufffCieht to :dvise the c::IeTa-daht of the ratt.h of the aff~ d't~_ A citat:im to the ~tatut:e allegedly v;olate:l without 1R)f'O, f& I'\O~ iWHici~t:. Ih Q l~m:lry C;Z~. you nutit c;;it.; t:hCl' ~iplIC;~;c;; l;Q;.ti'='l"l ~ ~iI.~IlCCt:;~ c.i= th= litQMa 1:11'" ordin;n:o ~ll~{y v1olQtod.) '!he DElF'ENDANT violated the I?ROI'I!C.TION FRlJ'I! ABUSE ORDER # 2574 Civil 2000,issued on April 25,2000, by the Honorable JUdge Fdgar B. Bayley, to WIT: The defendant was ..rn:lel"l?d to stay a""'Y fran the residence and to refrain fran harassing or stalldnrr the victim. Cory Lee wilson. 'Ihe defendant had yelled oloscenities to the victim and nade an obscene gesture towards the victim. l?ROOl\BLE CAUSE: At 2030 hours an 4-30-00 r spoke to Cory wilson Mlo advised that he had been at the north end of the township dropping" off a. friend and upon driving- southbound an N. Et10la Dr. he; had dri~ by 211 N_ Enola Drive, the addl:ess of the defendant. As he had done so he observed the defendant and a nale :individual lJaIl'ed SllaWIl, walking up the street. They had seen him and the defendant yelled in a loud voice, "fuck you" and gave him ~. f~r_ This.spawn person then made a m:>tioning' gesture towards tl1e victim as if he was being" instructed to return. The victim advised he made no m:>tion or statements and cant:iIJued to drive south. AlFC 412-(ll%)(lntemet Ver.;..,) 1-3 ~_r_ _ _L ~ J Ma~ O~ 00 07:10a EAST PENNSBORO' POLICE p.8 (Continuation of 2,) Defendant Name: brandyn mills Docket Number: POLICE CRIMINAL COMPLAINT all of which Were against the peace and dignity of the Commonwealth of Pennsylvania and contrary ta the Act of Assemllly, or ill vi1,1lation of 1. 6114 of the Title 23 1 (Sec:t;cr't) (Sub-Section) (PA Statute) (count!;,) 7. of the (Section) CSub-Sec:t;cn> (PA statute) (c:aunU) 3. of the (S'#IO~ivn) ($~b- Sed ion) (p^ St.:ltuU) (eeuntg) 4. of the (Section) (Sub-Section) (PA Statute) (c:cunts) 3. I ask that a warrant af arrest 1,11' a summans be issued and that the defendant be required t1,1 answer the charges I have made, (In order (or a warrant of arrest to i$lne, the attached alDdavit of probable eause mllllt be completed /IJld _omlu bd'ure till) ~g authori1;r. 4. I verify that the facl.5 sot forth in this camplaint are true and correct to the best af my knowledge or infarmation anti belief. This verification i. mod.. snbject to the penalties of Section 4904 af the Crimes Code( 18 PA. C.S. a 4904) relating to \Jnsworn falsification to autharities. /l7~ j, ,~~ ~~~~-:~ re 0 un AND NOW, an this date , , I certify the complaint ha.~ been properly completed and verir.od, An a.tIidaVlt of probable cause must be completed in order for a warrant to iSS\le_ S)W.. ------rMaglsterla~ ~lStrlCt} AOPC 412-(4/96)(lnternet Version) (ISSUIng Authorlty) 2-3 i CORY LEE WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff for himself and on behalf of his minor child: LYRIN V. MILLS vs. BRANDYN MILLS, :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 00 - ;l57~ CIVIL TERM Defendant :PROTECTION FROM ABUSE :AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you ,must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled for the '--n<...t~ ' 2000, at "j:OO ,?' .m., in Cumber1a d County Courthouse, Carlisle, Pennsylvania. ;5-1- day of Courtroom NO.~ of the You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa..C.S. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 52261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. CORY LEE WILSON, :THE COURT OF COMMON PLEAS Plaintiff for himself and on behalf of :OF CUMBERLAND COUNTY, PENNSYLVANIA his minor child:Lyrin V. Mills: } I vs. :NO. 00 - :l57T CIVIL TERM BRANDYN MILLS, Defendant :PROTECTION FROM ABUSE :AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: BRANDYN MILLS Defendant's Date of Birth: 05-23-74 Defendant's Social Security Number: UNKNOWN Name of Protected Person: CORY LEE WILSON and LYRIN V. MILLS - AND NOW, this ;25 day of April, 2000, upon consideration of the attached petition for Protection from Abuse, the court hereby enters the following Temporary Order: ~ 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. o 2. Defendant is evicted and excluded from Plaintiff's residence located at , Cumberland County, Pennsylvania, (a residence which is jointly owned/leased by the parties; owned/leased by the entireties; owned/leased solely by Plaintiff/Defendant to which Plaintiff and the minor child/ren moved to avoid abuse, which is not owned or leased by the Defendant, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises, except for the limited purpose of transferring custody of the parties' child/ren. Defendant shall remain in his vehicle at all times during the transfer of custody.) ., 'c " 'd_ .,",- -,. ,-~ ., 1__;.;, ~ 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence which is currently undisclosed. ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ~ 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child: Lyrin Veigh Mills, D.O.B: 07-02-97. Until the final hearing, all contact between Defendant and the child shall be limited to the following: None ~ 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: 9mm. Handgun. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomp1ished 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 Defendant by mail. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff or the child in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff or child except by further Order of Court. " "" ',-., , -k'~' ~ -f 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 Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of East pennSboro ~ownship and the sheriff of Cumberland County. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. D 9. THIS ORDER SUPERSEDES D ANY PRIOR PFA ORDER AND D ANY PRIOR ORDER RELATING TO CHILD CUSTODY I' Ii Ii i-; ~ 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Undisclosed 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. 56114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. 56113. Defendant is further notified that violation of this Order may subject him/her """< '0'''"'''''"' " ~ ~.' to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. SS 2261-2262. AnY protection order aranted by a court may be considered in any subseCfUent proceedinas. includinq child custody proceedinqs, under title 23 (Domestic Relationsl of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. I , i l I " i: II H H II rl II 1,:1 I) hi Ii !, 11 Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weaponjs are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. '; 0' BY THE COURT, "I I " Judge Joan Carey Attorney for Plaintiff CORY LEE WILSON, : THE COURT OF COMMON PLEAS Plaintiff for himself and on behalf of :OF CUMBERLAND COUNTY, PENNSYLVANIA his minor child:Lyrin V. Mills: vs. : NO. 00 - ;?,So7'/ CIVIL TERM BRANDYN MILLS, Defendant :PROTECTION FROM ABUSE :AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNT I 1. Plaintiff's name is CORY LEE WILSON. 2. The name of ALL the persons who seek protection from abuse are CORY LEE WILSON and LYRIN VEIGH MILLS. 3. Plaintiff's address is undisclosed. 4. Defendant is believed to live at 211A North Enola Drive, Enola, pennsylvania. Defendant's Social Security Number is unknown. Defendant's date of birth is 05-23-74. Defendant is unemployed. 5. Defendant is mother of Plaintiff's child. 6. plaintiff seeks temporary custody of the following child: Name Lyrin Veigh Mills Address Undisclosed Birthdates 07-02-97 7. Plaintiff and Defendant are the parents of the following minor children: Names Lyrin veigh Mills Age 2% yrs. Address Undisclosed 8. The following information is provided in support of Plaintiff's request for an Order of child custody: ",' -<. ,"-.,.' -, < ,,~~" ;. oM ~ -- (a) The child was born out of wedlock. (b) The child is presently in the custody of plaintiff, Cory Lee Wilson, who resides at an undisclosed location. (c) Since his birth, the child has resided with the following persons and at the following addresses: Child's name Lyrin V. Mills Persons child lived with Plaintiff & Defendant Address When Chambersburg, PA birth - 8/97 Lyrin V. Mills Plaintiff & Defendant 211A N. Enola Dr. 8/97 - 4/2/00 Enola, PA Lyrin V. Mills Plaintiff undisclosed 4/2/00-present (d) Plaintiff, father of the child, is currently residing at an undisclosed location. (e) He is single. (f) Plaintiff currently resides with the following persons: Name Lyrin Mills Relationship Son (g) Defendant, the mother of the child is Brandyn Mills, and she currently resides at 211A N. Enola Drive, Enola, Pennsylvania. (h) She is single. (i) Defendant currently resides with the following persons: Name Shawn Gary Baughman Relationship Boyfriend Friend (j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. (k) Plaintiff has no knowledge of any custody proceedings - _~ < c concerning this child pending before a court in this or any other jurisdiction. (1) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. (mJ The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to plaintiff pending a hearing in this matter for reasons including the fact that Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since his birth, and who can best continue to take care of the minor child. Defendant's abuse of the child has adversely affected the child. 9. The facts of the most recent incident of abuse are as follows: On or about April 4, 2000, Defendant came to Plaintiff's residence and threatened that she would shoot Plaintiff, his son, and his family, including his father, mother, brother, sister, and sister's child, Ethan. Defendant then said, "You know I'm mental; I'll do it; I've got nothing to lose." Plaintiff reported these threats to the East pennsboro Township Police Department. 10. Defendant has committed the following prior acts of abuse against Plaintiff or the minor children: a. On or about April 21, 2000, Defendant called Plaintiff on the phone threatening the Plaintiff saying she would shoot the Plaintiff and Lyrin with her gun and she would put a "hit on him." b. Approximately 2% months ago, Defendant smacked the child causing him to vomit blood and traumatizing him. c. Approximately 1% years ago, Defendant came home, chased Plaintiff through the home, hit Plaintiff in the head with a pot. She then chased Plaintiff up the stairs where he ran into a room, closed the door, and sat in front of the door to prevent Defendant from coming in. Defendant broke through the door, threw a pot and a bottle at Plaintiff, again hitting him in the head. Defendant grabbed Plaintiff by the genitals, puncturing . '~ his scrotum, causing bleeding. Plaintiff sought medical treatment at Holy Spirit Hospital where he had CT scans and an ultrasound performed. d. Approximately 2 years ago, Defendant hit plaintiff in the head with a pot above the eye, causing bleeding. e. Throughout their relationship, Defendant repeatedly threatened Plaintiff saying she will shoot him, have people "take care of him", and / or has Greek friends who will "take care of him," causing Plaintiff to fear for his safety and that of his child. f. Repeatedly in the recent past, Defendant locked the child in his room leaving him unattended for periods of time causing Plaintiff concern for the child's safety. 11. Defendant has used or threatened to use the following weapons against Plaintiff: 9 mm. Handgun. 12. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Undisclosed. 13. There is an immediate and present danger of further abuse from the Defendant. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff or minor child in any place where Plaintiff may be found. B. Order Defendant to stay away from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Award Plaintiff temporary custody of the minor child. D. Prohibit Defendant from having any contact with Plaintiff or minor child, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiff's place of employment. E. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's child listed in this Petition, F. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. G. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. H. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. I. Order the following additional relief, not listed above: a. Defendant is required to relinquish to the sheriff any firearm license the defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified plaintiff of the request and given Plaintiff an opportunity to respond. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's relatives. J. Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 14. The allegations of Count I above are incorporated herein as if fully set forth. ~,~ - 15. The best interest and permanent welfare of the minor child will be served by confirming custody in Plaintiff as set forth in paragraph 8(m) of the petition. WHEREFORE, pursuant to 23 Pa.C.S.~ 5301 et. Sea., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor child to her. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Dated: ~\?51 0 0 Jij~~~f~ Joan C ey Maryann Murphy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 "'^" -~ ,-. I i , i I I Ii ~' I' !; Ii i: " Ii Ii I II ji VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: (:'4/ZI.1/00 c~Z' 0::Z::-. Cory Lee Wilson, Plaintiff ,.-. - -.,-'1 .. 1.1 'I Plaintiff AUG 0 2 20~~~, IN THE COURT OF COMMON PLEAS OF ~l ~ · CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2574 i:.i H !-] .' ::1 ;,~ ./ BRANDYN MILLS, vs. CORY LEE WILSON, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this ~~ day of August, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The Order of this Court dated August 10, 2000, shall remain in full force and effect with the following additions: A. Neither parent shall discuss Child custody litigation or conflict between the parties with regard to his care in his presence or within his earshot. The parties shall establish a no-conflict zone around the Child. B. The parties shall submit themselves and their minor Child to an independent custody evaluation to be performed by Dr. Arnold T. Shienvold. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation to complete this evaluation in a timely fashion. The cost of the evaluation shall be shared equally by the parties. Dis!: Bob Waeger, Esquire, PO Box 234, Harrisburg, PA 17108 Brandyn Mills, PO Box 332, Enola, PA 17025 / .J. ~ tar,"l'- .- , -~ , ~, ,l c I _'"__C'. ~~>l "\; Plaintiff AUG 0 2 20~ IN THE COURT OF COMMON PLEAS OF ~ " CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2574 -' BRANDYN MILLS, vs. CORY LEE WILSON, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH July 2, 1997 CURRENTLY IN CUSTODY OF Lyrin Veigh Mills Father 2. The parties were seen for a Custody Conciliation Conference on July 17, 2001, with the following individuals in attendance: the Mother, Brandyn Mills, pro sa; the Father, Cory Lee Wilson, and his counsel, Bob Waeger, Esquire, pursuant to Mother's Petition for Contempt. 3. The parties reached an agreement in the form of an Order as attached. It is noted that a Temporary Protection From Abuse Order of April 25, 2000, remains in effect, the parties never having had a hearing or finding of abuse on the matter. Additionally, just a few days prior to the Custody Conciliation Conference, Mother filed a Complaint with Children and Youth Services alleging that Father had abused the minor Child. At the time of the Custody Conciliation Conference there had been no Children and Youth hearing. Subsequently, the Conciliator was notified that the report was classified "unfounded". 4. Mother agreed to withdraw her Petition for Contempt if Father would follow the October 10, 2000, Order with two additional provisions in the proposed Order accompanying this report which requires the parties to establish a no-conflict zone around the Child and to insulate the Child from any discussions about the matters of conflict. 5. Mother refused to provide a residential address at the time of the Custody Conciliation Conference. ~/6! Meliss eel Greevy, Custody Conciliator Date Cory Lee Wilson Plaintiff V. Brandyn Mills Defendant AND NOW, this lstyof IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 'J,'; , h i I I I [ I I I i I I i , i i I I I r- [ ! I , t r , 2574 Civil 2000 ITEMS: Beretta 40 Cal. BER03339444 ORDER ~~ the following Order is entered: The protection from abuse order in the above-captioned case having expired on May 1, 2001, and the defendant having requested the return of the firearm held pursuant to the order, and the defendant otherwise being legally entitled to possess the firearm, IT IS ORDERED that the firearm held by the sheriff shall be returned to the defendant. CC: R. Thomas Kline, Sheriff Cumberland County Sheriff's Office fr Edgar B. Bayley, Judge ~.a!I~~IltU~HW.iiIl~'llli~l!;!~!ib1,j,il"'",""",i!.,li.-i[-J&''''.,*,,'''''';!i1!'lli'''l'O_t_!Iliii!~tI~illi'1" !"Ili!!U,]!"UI!lI.~,~,. '.'"" " ,~,~~,"' ," ~.O _~"= "'>>1:I1<"r ""' .- -~~~'-~,.' "~ ~ ,~- ~ () C "'" VCrl f1}n', 6:;?;i (7))-:, ;:5-~ <;:::""- S(--;, 5;s;;.- --- -~ ~. --~ -< r:-:> N <-.J ~_J " -, o W .." fT1 <:0 N -..J ~ -i :r rq::O r-- ;':: r:q .''-'~ "r'" ~~C) ?jIJ ;70 (~rn -I 55 -< V ::J1: ~ " . , >, 'b'~ -~".~.,," ='" .' , --' ~ -~, , ",' . ,. :'1; t' ~' CORY LEE WILSON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i i: I for himself and on behalf of his minor child, L YRIN V. MILLS t ! I, I ,.' V. ,~; BRANDYN MILLS, DEFENDANT ,l- L F 00-2574 CIVIL TERM , r r f "' 11 [ I ORDER OF COURT AND NOW, this r'1 day of July, 2000, the hearing now scheduled for Wednesday, July 26, 2000, at 1 :30 p.m., IS CANCELLED and rescheduled for Monday, October 2,2000, at 1 :30 p.m., in Courtroom Number 2, Cumberland County Edgar B. Bayle , . ~ r I Courthouse, Carlisle, Pennsylvania. The temporary protection from abuse order entered on April 25, 2000, shall remain in effect pending further order of court. Byth~ / t f I, r , , Joan Carey, Esquire For Plaintiff t~ 7 -JI)O"O RXS Austin Grogan, Esquire For Defendant :saa )ll j . . .,. -,- -" "', , ",-,,,,,,-~-,.. ~ '""'~',",,,,-'^ ----.'., =~~"~-"~ _..t.~; ~1' ~ ,L ~: CORY LEE WILSON, PLAINTIFF INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA [': , ! " I I for himself and on behalf of his minor child, L YRIN V. MILLS V. BRANDYN MILLS, DEFENDANT 00-2574 CIVIL TERM !. i I i I- , ( I I" I F , I I I ~. f AND NOW, this ORDER OF COURT ~ day of June, 2000, the hearing started this date shall be completed in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania on Wednesday, July 26, 2000, at 1 :30 p.m. The temporary protection from abuse order entered on April 25, 2000, shall remain in effect pending further order of court. B~ the.cou0 / Joan Carey, Esquire For Plaintiff .~~ l-t -00 1iKS Austin Grogan, Esquire For Defendant :saa ~~ ~~~'f'l1n 'Ill rn' Q j;_'~~' ....'I!IIl~liIHIIiiJIliiillHWi~d$iO:;!!ili,it~'i!~ll.,..".fu.it""...r...""~'...., ~ ~" ~ "", 'N. C'. ~~ ,- \fIN\lA-1A8NN3d )JNnOJ m"\f1":!=JmlfnO I S:6 /oJ\! 9 - Nnr 00 ^I:JVl~&Do~b31': _,0 1Il1fl!ll1 !l ., ,~ ~ ^. . ~.- ~,.