HomeMy WebLinkAbout98-06825
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DAWN RANA MELLOTT. IN TilE COURT OF COMMON PLEAS OF
lor herself und on belmlf of her nllllur child
,IASON ~1ARIIN MFII OTT. ,IR, ('{ l~mFRI AND Co( INTY I'FNNSYIVANIA
"Iuintil]'s
" '-:0 l)~_(,~:'~ CI"" '!TIt\1
JASON MARl.IN MELLOTT. SR.
Dc!'em]anl ' I'ROTI.CIIO"- IRO\I :\IlLSL :\"-D n:STODY
MOTION FOR CONTINlJANCF:
The PlaintilTs, Dawn Rana Mellott, and her minor child. Jason Marlin Mellott, Jr. by and
through their allomey, Juan Carey uf Legal Services, Inc" muve the Coun lur an Order
cuntinuing generally the hearing in Ihe abm c-eapliuned ea": c>ll1he grounds that.
:\ Temporary Pro"'l'Iion Frolll :\I""e Order \\as j,,"ed hy this ("Olll't Oil
December 4. I<J<JR, scheduling a hearing for Fridav, Deeemher J I. I <J<JR, at ~:oo I'm
2, The Cumberland County Sherill's Department served Defendant with a certified
copy uf the Tempurary Protection From Abuse Order and Petitiun fur Protection From Abuse at
his place of employment, Pizza Hut, East High Street, Carlisle, Cumberland County,
Pennsylvania. on December 4, 1\1\18,
3, The Octcndam has retained Daniel W, DeArmelll of lrv.in. i\'lcKnight & Ilughcs,
tll represent him in this mailer
~, The parties agree. hy and through their respective counsel. that the hearing be
continued generally pending lUrtherOrder of Court to r.~cilitate the negotiation ofa settlement in
this matter,
5, The Plaintiffs request that the Tcmpomry Protection From Abuse Order remain in
etl'ect lor a period of one year Irom the date it was entered or until lurther Order of Court,
whichever cumes lirst.
6, A certiJkd eupy uf the Order tur Cuminuancc \\ ill be delivered to the Carlisle
Police Department by the attorney for the Plaintiffs
WHEREFORE. Ihc I'lainlilTs rcqucst Ihal thc ('our! unlnl this Motion and continuc this
mailer gcncrnlly, nnd Ihnt till' Temporary "rolcctiun Frum Abusc Ordcr rcmain in ef1cct for n
period of one year Irom the dnle it WlIS entered or untillilflher Order uf Coun, whichever comes
first,
KC'I"'Cllully,uhnuucd,
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Ju,tIl ('.ICY. AllulIIcy I\u P !ulills
LU;AI, St;KVln:s. INL
~ Irvin" Row
ClIrlisle.I'A 17013
(7171 ~ 1.1,o1nn
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DAW:--: ItA:-;,\ MI:I.I.OIT. : I~ 1111: (,OI'RT OF ('0\1\10:\ I'J.I:AS OF
ti,r hersclI' allll "n behalf "fh,'r minor child:
JASON MARJ.I:-.i MEI.LOTT. .IlL : ('( '\lIlUH,:\:\I> (,()U~TY.I'I;:\:\SYLVA:-.iIA
I'lainlifls
vs, : ~O, ')S-(,S~5 {'IVII. TERM
JASON MARI.I:-.i \1ELLcrn. SR..
Ddellllant : I'ROlEClIO:'\ FRO\! ABUSE A:\D CUSTODY
FINAL PROTECTION ORDER
Defendant's Name: .IASON MARL/:\' ,'IEU.Or!', SI~.
Delendant's Date of Birth: 03/30/73
Delellllant's Social Security Numher: 1('~-()()-03~7
Names of Protected Persons: Plaintiffs, ()awn Rmlll "Ielloll, and her minor child, .Iason
Marlin Mellott, ~'II h
AND NOW,this~M day of neeember, 1998, the eOUl't havin~ jurisdiction over the
parties and tbc subject-maller, it is ORnEREn, AD.IUnGED, and DECREED as follows:
The PlaintillS. Dawn Rana Mdlott. and her minor child, Jason Marlin Mellott..Ir..arcrepresented
by Joan Carey of Legal Serviees.lne,; the Ddendant. .Iason Marlin Mellott. Sr" is r,:presented by Danid
W, DeAnnent, of Irwin. McKnight & Ilughes,
The Detendant. although agreeing \0 the tenns o!'this Order. docs not admit the allegations
made in the Petition,
(8) Plaintiffs' request IiII' a Final Protection Order is granted pursuant to the consent of
Plaintiff and Detendant OR
o Plaintiff's request fllr a Final Protection Order is denied,
(8) I, Detendant shall not abuse. stalk, harass. threaten the Plainti fts or any other protected
person in any place where they might bc tilllnd,
(8) 2. Defendant is eomr,letdy evicted and exduded from the residence at 1548 West Penn
Street, Carlisle, Cnmberland Connty, Pennsylvania, or any other residence where PlaintiffS may
livc, Exclusive possession of the residence is granted \0 Plaintif!', Defendant shall have no right or
privilege to enter or be presenl on the premises.
o On al III , IMendanl Olav enler Ihe residence 10 retrieve hi"'her clothing
and olher personal clkcls. prtl\'l(lcd Ihal l>ClendanllS II1lhe cOlllpanv 01 a law enlll[cement
ntlicer \\'11I'n '1,,'h r"lfi",,:!1 il I11:HI<'
19.;, txcepl dS 11I""ued III I'dldl:\ldpl, :. "I' litis U,uel. Delo;lIudlll " pllllllvlleu 1"'111
having ANY CONTACT with Ih,' 1'lainlilTs at anv localion, incllldini! hili not limil,'d to, anv
contact at the l'lainlitrs place ofemllloyment, the school of the minor child or hiS day care facility,
Oefcnnant is speciticallv orrlererlltl ,Ia\' :!\\'av f"'nl the f(,lIo\\'in~ location for the nllfati"n of this
Order: minor child's school, Cllpilal Arca Uead Slart, located in the First Evangelical
I.lIth",'all (,hllrch :11100 E:"IIIi~h Sln','I, (':lrI;,h', ('lIlIIllI'd:l1l11 ('n,"II), P"IIJ1S)h:llli:l,
19 4, I::xcepl as proVIded III Paragraph :i or I hiS Order, Delendanl shall not contact the
PlllinlifTs I", telephone or \", :mv olher means, including third panics
19 5, Cusludy or Ihe lIIill'" chi Ill. Jasun Madin Mdloll, JI., shall VI: as ("lIuws, Plaillti....,
Dawn Rana Mellott, shall have primary physiral amI It'gal rllstody of the rhild. and
Defendant shall have supervised visitation with tht' child, in the presence of Defendant's
grandmother, F.li7aheth Sehhlller, whose presence is required at all times during
Defendant's contact with the child pending further Order of Court after a conciliation
rOllfrrellc\'.
19 6, Delendant shall immediately turn over 10 the Sherif!'s Ollice, or to a local law
enforcement agency for delh'ery to Ihe Sherif1's Ollice, the following weapons used or threatened
to be used by Defendant in an act of abuse against Plaintiff: any and all firearms and/or knives.
[8> 7 Defendanl is prohihited from possessing. transferring or acquiring any other
weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of
this Order or under Paragraph (, of the Temporarv Order shall not be returned until fun her Order of
Court,
19 R,
The following additional relief is granted as authorized by ~(, I OR "fthis Act:
This Order shall remain in effeet until modificd or terminated by the Court and can be
extended beyond its original expiration date if the Court tinds that Defendant has
colllmitted an act of abu'L' or ha, engaged in a pattern or practice that indicates risk of harm
to Plaintiff and/or minor child,
The Defendant is required to relinquish to the sheriff any tirearm license the defendant may
possess, The Detendant's weapons and tirearm license may be returned at the expiration of
the Protection Order after Ihe defendant has suhmitted a written request to the Court for the
return of the weapons and the Coun has notified Plaintif1'ofthe request and given Plaintiff
an oppnrtunitv In respond A eopv IIfthis Order shall he transmilted tn the ehiefnr head nf
the ('arllsle Pollee ()epartmentand Ihe sllen" III ('ul11herland ('lIunty
The Defendant is enjoined from dalllalling nr destmying any property owned jointly by the
1"11 lie' o. 0\\ lied ,01"1,\ h,' 1'1..illlil1\
I he Dct'elldalll j, Iu JdiainliulIIl"ua>>ul<: I'laU1I/I1', ,e1all\e, 01 Ille lIIiu", ,hi ILl,
(8) 9, Defendant is directed to pity lemporary supportlhr I'laintifl's. Dawn Rana Melloll.
and Ja,,'n :\lallin \kll(ltl. JI. iUlhe alll,,"nl ,,1'<;7- 00 pel \\eek and ,lIalllemain in ellcet IInlil a
final support order is entered by this Court, Delendant shall make support payments to Plaintiff on
Ihe 7'h .lnLl 22,.1 Lla}'~ uf cad, mUIIIII (lw; pa) JII}>). ll/ tlie alllUUIll uJ'::' 102,50. ill tile 101'11I uf a
money order made payable to Plaintiff. mailed to her mailing address, Support paymenls are 10
eummence inllnedilllely ullun enlly uf Ihis Ol'de,' (Oefendanl is cl'edited wilh making Ihe lirsl
support paymenllo Plainlirrin Ihe amount 01'$162,50 on December 22.1998). This Order for
support shall remain in eHect until a linal support order is entered by Ihis Court, However. this
Order shall lapse alltomaficalll' if Plaintiff docs not file a complaint for Sllpport with the COllrt
within fifteen (15) days of the date of this Order, The amount of this temporary order does not
necessarily lellectDefcndanl's correct sUPJ1011 ohligalion, which shall be delenllin~d in accordance
with the guidelines at the support hearing, Any adjustments in the linal amount of support shall be
credited, retmaeli\e tu thi, dale, to the appropl iate pan)
o
10,
lhe eUSlS of III is aClion arc wai,eJ as 10 Plainliff amI imposed UII OelCndant.
(8) II. Defendant is directed to pay $45,96 to the Cumberland County Housing Authority
(CCllA) on behalf of Plainliff as eompensalion lor Plaintiffs OUI-ol:pockel losses, which arc as
follows: $10,00 to replace her key to the residence at 1548 West Penn Street, Carlisle,
Cumberland Cuuflly, Pennsylvania, which he look li'U1l1 her and relused to return, and $35,96 to
have the locks on the exterior doors of the residence at 1548 West Penn Street. rekeyed after
Oefcndant was excluded, Defendant shall pay the total amount of losses of $45,96 directly to the
Cumberland County Housing Authority by Friday. December 25. 19Q8, or be charged by CCHA
with an additional $10,00 late fee,
In addition, Defendant is directed to pay the balance owed on the parties' gas bill ($34,19)
10 UGI, the gas ulility provider, fur servi,e ill IlIe residence fi'um OClober 10, 1998, Ihrough
November 9, 1998, Defendant shall pay the total amount of $34,62, directly to UGI within 10
days of the entry of this Order.
o PlaintifT is granted leave to present a petition, with appropriate notice to Deftmdant, to_
requesting recovery of out-of-pocket losses The pel it ion shall include an exhibit itemizing all
claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a
hearing No fce shall be required hy the Prothonotary's office for the filing of this petition
o
12,
BRADY I:'\DI( 'AT< >J{
o I, The Plaintii'i' or prol\'eled peNlI1 , b a sp"use. li'rIner 'I"'lbe. a person who
cohabitates or has eohahited with Dcli:ndant. a parent "I' a cOl11l11on child. a child oi' that
person. or a child of Defendant.
o 2, This Order is heing enlered alier a hearing "fwhich Dclcndant received actual
notice aIllI had an opportunity 10 he heard,
o 3, Paragraph I of this Order has heen checked to restrain Dclcl1llant (hnll
harassing. stalking, or Ihr....uening Plail1li 1'1' or protected person!s,
o 4. Delcndant represents a eredihh: Ihreal 10 the physical salcty of Plainli 1'1' or
other protected person Is OR
o The terlns of this Order prohihit Delcndant Irom using. attempting 10 use, or
threalening to use physicallllree againsl PlainlilTor protected personlhat would reasonably
he ex peeled to cause hodily injury,
!29 13.
THIS ORDER SUPERCEDES:
!29 ANY PRIOR PFA ORDER aIllI
!29 ANY PRIOR ORDER RELATING TO CIIILD CUSTODY,
!29 14.
entered.
All provisions of this Order shall expire one ~'car from the date this Order is
NOTICE TO THE DEFENDANT
VIOLATION OFTI'IIS ORDER MA Y RESULT IN YOUR ARREST ON THE CHARGE
OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO
SI.OOO AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS, 23 PA,C.S, *6114, VIOLATION
MA Y ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE
PENNSYLVANIA CRIMES CODE. TI'IIS ORDER IS ENFORCEABLE IN ALL FIFTY (50)
STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS. U,S, TERRITORIES, AND THE
COMMONWEALTH OF PUERTO RICO UNDER TI-IE VIOLENCE AGAINST WOMEN
ACTION, 18 U,S,C, ~2265, IF YOU TRAVEL OUTSIDE OF THE STATE AND
INTENTIONALLY VIOLATE TI-IIS ORDER. YOU MAY BE SUBJECT TO FEDERAL
CRIMINAL PROCEEDINGS UNDER THAT ACT, 18 U,S,C, ** 2261-2262, IF PARAGRAPH
12 OF TI-IIS ORDER HAS BEEN CHECKED. YOU MAY BE SUBJECT TO FEDERAL
(,RIMI:-JAI. I'RO( 'I'I;DI:\( is I ':\I>I'R TII,H ACT, I X I XC, ** ~~r.1.22r.~, IF I'ARAliHAl'1I
12 OF TillS ORI>I'It II/\S IIEI:~ (,'"'eKED. YOI) \IAY III: SI'll.Il('ITO FEDERAL
I'IWSEniTION A~IJ I'E~AI.TIFS UNDER '1'111' "/lR/\I>Y" I'RO\'ISIO:\S OF TilE GUN
CONTROl. ACTlO~, I X I :,S.t', *')2~(O). FOR I'OSSFSSIO~. TRA~SI'( iRT OR RH'ElPT OF
FIREARMS OR I\MMI ;~ITIO~,
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who havcjurisdiction over I'laintifl's residcnce OR any 10eHtion where a violHtion
of this Order occurs OR where DclendHntmay he 10cHtcd. shHII entilrce this Order, An arrest lilr
violation of I'Hragraphs I through 7 of this Order may he without WHrranl, h.m'd solcly on prohHhlc
CHuse, whether or not the violation is committed in the presence of the police, 231'a,c.S. *6113,
Suhsequcntto an arrcst. the police officershHII seize all weHpons used or threatened to he used
during the violation of the Protection Order or during prior incidents of ahuse. The CumhcrlHnd
County Sheriff's DCJ1Hrtment shHllmaintain possession of the weapons until further Order of this
Court. When Dclendant is placed under arrestli,r violation of the Order. Dcfendant shall he taken
10 the appropriate authority or authorities beli,re whom Dclendant is to he arraigned, A "Complaint
lor Indirect Criminal Contcmpt" shall then be completed and signed by the police officer OR
Plaintiff: Plaintifl's presencc and signature arc not required to lile the complaint.
I fsufficient grounds fiJI' dol at ion of this Ordcrare allcged. Dclel1llant shall he arraigncd. hond
sctand hoth partics given notice of the date ofthc hearing,
BY THE COURT.
This Ordcr is cntcrcd pursuant to the eonscnt ofPlaintitTand Delendant:
...... .') ..."
. ')\ [/ ,'Y) ie, 1)0 jl ').k Lf:- d~t--
Dawn Rana Mcllon. Plaintiff
-.,
t'-tl..---;v {/, ( ('
vAntn Carcy, Attorncy 10
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Jason Marlin Mellott, Sr,. Dcfendant
(/ ",_,_(,;,:/(;:.~{ (-:.-~ '~;r-
Dani91/f.., DcAnncnt, Attomcy (or De!cndant
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle.PA 17013
(717) 243-9400
IRWIN, McKNIGHT & HUGHES
(,0 West Pomlrct Street
Carlisle. I'A 17013
(717) 24<)-2353
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COMMONWEAl TH OF PENNSYl VANIA
. COUNTY OF CUMBERLAND
'-
09201
PAULA P CORREAL
1 COURTHOUSE SQ
CARLISLE PA 17013
717 240 6565
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
COMMONWEALTH OF
PENNSYLVANIA
VS.
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DEFENDANT;
N~,",[ .r\d AODRlSS
JASON MELLOTT
JASON MARLIN MELLOTT SR
7 PINE RD 102
MT HOLLY SPGS PA 17065 0000 00
AKA:
Docka' No,
~~ "'IV-9'CI
Oate Filed: -.l -' ~ (
OTN:
-
~.,oon Number
Annual SIC." Number
OVlNumtler
SID Number
I
I
R.5.A.:
WM 26
D.O,B.: 03 30 1973
5.5.#: 164
I
UCRNf,lmt:Hlr
4642
66 0347
Comp/olonc N~
Compl,lWlI Num~, It (If"'*' P,,,or:~,,,,
Jnc~nrNlJ17lD9'
19990501382 CAR
ORI NO.: PA0210200
DIstrIct Attorney's Olllce _ Approved -Disapproved because:
(The District Attorney may require that tho complaint, arrest warrant affidavit. or both be approved by the attorney for the Commonwealth prior to filing.
Pa.R.Cr.P. 107.) Whon the affiant is not a police officer as defined in Rule 51(C) and the offense(s) charged lnclude(s) a misdemeanor or felony which
does nollnV'oIv9 a clear and present danger to any person 01 the community, the complaint shall be submitted to the attorney for the Commonwealth, who
shall approve or disapprove without unreasonable delay).
IlssueOatej
j51Q11alule,
1,IN.m'OIA'.n.) PO RICHARD L WOLFE BADGE 6
of CARLISLE PD
residing at 53 WEST SOUTH ST CARLISLE PA 17013
do hereby state: (check appropriala araa)
1. -!. I accuse the above named defendant. who lives at the address set forth above or,
- I accuse an individual whose name is unknown to me but who is described as
- I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I
have therefore designated as John Doe
with ~i2Wtif.l9 ~1'Wi' ~2gffilronweallh of Pennsylvania at:
(Place-polilicarSubdiVisionl
in (County) CUMBERLAND on or abo!!t 05 28 1999 13 3 2 HRS
~O 05 2B 1999 1332 HRS
CARLISLE
Participants were: (if there were participants place their names here, repeating name of above defendant)
2. The acts committed by the accused were:
(Set forth a summary of the facts sufficient to advise the defendant ollhe nature of the offense charged. Neither the evidence nor the statute
allegedly violated need be cited, nor shall a citation of the statute allegedly violated, by itself, be sufffcient. In a summary case, set forth a
citation of the specific section and sub-section of the statute or ordinance allegedly violated).
** INDIRECT CRIMINAL CONTEMPT - CSA1990 CTS 1
THE ACTOR DID VIOLATE THE PROTECTION FROM ABUSE ORDER
NUMBER 9B-6825
THE ORDER WAS SIGNED BY THE HONORABLE GEORGE HOFFER
THE ORDER WAS DATED 12/24/98
Copy: District Justice
Defendant
Return of Service
Police
4f97wp
CARLISI,I> PO
PROBAllL~ CAUS~ APPIDAVIT
INCIDEtIT NUMBER: 19990501382 CAR
CHARGE (S) :
23 6113
DATE: OS/28/1999 OTN:
PG 1
IICTS
1
A
INDIRECT CRIMINAL CONTEMPT - CSA1990
COMMONWEALTH VS JASON
INFORMATION:
MARLIN
MELLOTT
SR
GRACE WOGAN CALLED THE POLICE DEPT., FROM HER PLACE OF WORK
DUNKIN DONUT, AND REPORTED THAT SHE WAS CALLING BECAUSE A MAN
NAMED JASON HAD JUST BROKEN TilE WINDSHIELD OF A CAR IN THE
PARKING LOT OF DUNKIN DONUT, 320 N, HANOVER ST.
.
DAWN RANA MELLOTT REPORTED THAT HER HUSBAND, JASON ~~LIN
MELLOTT, SR., HAD DRIVEN A VEHICLE INTO THE PARKING LOT AND HE
GOT OUT OF THE VEHICLE AND THREW A KNIFE AT THE WINDSHIELD OF A
1994 DODGE CPo W/PA, REG. BKW8261, WHICH IS JOINTLY OWNED BY
DAWN & JASON. HE THEN STRUCK THE WINDSHIELD WITH HIS FIST, THIS
CAUSED THE WINDSHIELD TO SHATTER AND GLASS FLEW INSIDE THE CAR,
.
THERE WERE TWO PEOPLE IN THE CAR AT TIME HE SHATTERED THE WIND-
SHIELD, BARRY L. GLADFELTER WAS SITTING IN THE PASSENGER SIDE
FRONT SEAT AND WAS STRUCK WITH THE GLASS. CATHERINE NICOLE
BEITLER WAS SITTING BEHIND THE DRIVER SIDE SEAT, A CHILD SAFETY
SEAT, THE GLASS FLEW TOWARD HER BUT SHE DID NOT APPEAR TO HAVE
BEEN INJURED.
DAWN RANA MELLOTT HAS A PROTECTION FROM ABUSE ORDER, CIVIL ORDER
#98-6825 DATED 12/24/98 SIGNED BY JUDGE HOFFER.
JASON MARLIN MELLOTT, SR. DID GO TO THE DUNKIN DONUT PARKING AND
DID THROW A KNIFE AT THE WINDSHIELD OF THE JOINTLY OWNED VEH. HE
THEN PUNCHED THE WIND SHIELD WITH HIS FIST, AFTER DOING THIS HE
THREW A SMALL BLACK OBJECT TOWARD THE PAY PHONE AREA, IN FRONT OF
DUNKIN DONUTS, WHERE DAWN WAS ON ONE OF THE PHONES. WHEN HE CAME
AND PICKED THE ITEM UP HE SAID THAT DAWN WAS DONE AND GOT IN
THE CAR HE WAS DRIVING AND LEFT THE AREA. DEF. DID VIOLATE ONE
OR MORE OF THE LISTED SECTIONS OF THE PFA ORDER.
.
DEF. DID ALSO COMMIT THE ACT OF RECKLESSLY ENDANGERING ANOTHER
PERSON WHEN HE BROKE THE WINDSHIELD OF THE VEHICLE CAUSING GLASS
TO FLY INSIDE THE VEHICLE TOWARD BARRY GLADFELTER AND CATHERINE
BEITLER.
I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED
TO ANSWER THE CHARGE(S) I HAVE MADE IN THE ABOVE AFFIDAVIT.
INFORMATION
2 COPIES - DISTRICT JUSTICE
/J ,SIGNAlJURE
f/T!--lJt 1 ^ L
, PRINT
1 COPY - BUREAU OF POLICE
DAWN RANA MFLLOIT. : IN Till' COllin OF COMMON PLFAS OF
t(,r her,e1f and on bchalr"f bcr nllnor child:
JASON MARI.IN 1\1I;I.I,O!T, JR" : CUMBERLAND COIINTY, PI'NNSYLV ANIA
Plaintiffs
vs. : NO. 9H-6K25 CIVIL TER~1
JASON MARLIN MI'I.I.O'IT, SR"
IMcndant : PROTECTION FROM ABUSI' ANI> CUSTODY
FINAL PROTECTION ORDER
Dclendant's Name: .JASON MARLIN MELLOTT, Sf{.
Dclendant's Date of Birth: 03/30/73
Defendant's Soda I Sccurity Numbcr: 164-66-0347
Names ofProtccted Pcrson,: Plaintiffs, Dawn Rana i\Ielloll, and her minor child, .Jason
l\Iarlin :\Ielloll, ;',1 ~
AND NOW, this~0 day of Decemher, 1998, the court having jurisdiction over the
parties and the suhjecHnaller, it is OIWERED, AD,JUDGED, and DECREED as follows:
The Plaintiffs, Dawn Rana Mellott, and her minor child. Jason Marlin Mellott. Jr.. arc represented
by Joan Carey of Legal Serviees,lne,; the Delcndant, Jason Marlin Mellott. Sr., is rcpresented by Daniel
W, DeAnnent, oflrwin. McKnight & Hughes,
The Defendant, although agreeing to the tenns of this Order, docs not admit the allegations
made in the Petition.
00 Plaintiffs' requcst I(,r a Final Protection Order is granted pursuant to the consent of
Plaintiff and Delcndant OR
o PlaintilTs request lilr a Final Protection Order is denied,
00 I, Delendant shall not abuse, stalk. harass, threaten the Plaintiffs or any other protected
person in any place where they might be lilllnd,
00 2, Defendant is completely evicted and exeluded Irom the residence at 154B West Penn
Street, Carlisle, Cnmherland County, Pennsylvania, or any other residence where Plaintiffs may
live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or
privilege to enter or be present on the premises,
,
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o On III 111, DefendarH llIav enler Ihe residl'nce In retrieve his/her c1nlhin!l
and olher personal ellecIs. provided Ilnl1 Ilelendanl IS IIllhc clIllIpany lIf a law cnlilfcclllcnl
officcr when such relrieval is madc
IX>;, l:x~pl as plOvlded In PalaglaplI , lIf Ihls Oldel, Delendaul I. pl<llllllll~-d lilllll
having ANY CONTACT with tl1l' PlaintilTs at anv Incatinn, including. hut oot limited to. aov
contact at the ('Iaintill's placc of cmployment, the school of the minor child or his day care lacility,
Defendant is specifically ordercd to stay away from thc followin!! location for thc dumtinn nf this
Order: minor child's school, Capital Area lIead Start. located in the First Evangelical
LulherJlII (,hurch ntlOO F.nstlligh Streel, (':ItIi_le, Cumherland Connt), Pcnns)'h'anin,
IX> 4, Except as provided in I'aragraph , of this Order, Delendant shall not contact the
PlaintilTs hy trlephone or hy any other means, includin[( third parties
IX> 5, Custudy ufllle minor child, Jasun Marlin Mellull, Jr, shall be as lollows Plaintiff,
Dawn Rana Mellott. shall have primary physical and lCj!al cnstody of the child, and
Defendant shall have supervised visitation with the child, in the presence of I)efendant's
grandmother. F.lizaheth Schlusser, whose presence is required at all times durin!!
Defendant's contnct with the child pending further Order of Courl after a conciliation
conferenn',
IX> 6, Defendant shall immediately lurn over to the Sherin's Ullice, or to a local law
enforcement agency for deliver\' to the Sherin's Office, the following weapons used or threatened
to be used by Defendant in an act of abuse againslPlainlilT: any and all firearms and/or knives.
IX> 7, Defendanl is prohihiled from possessing, transferring or acquiring any other
weapons for the duration of this Order. Any weapons delivered to the sherilTunder Paragraph 6 of
this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of
Court,
lIDR
The followin[( additional relief is [(ranled as aUlhorized by ~610R of this Act'
This Order shall remain in elTect until modified or lerminated hy the Court and can be
extended beyond its original expiration date if the Court finds that Defendant has
com milled an acl or abuse or has engaged iu a pall ern or praclice that indieales risk of harm
to Plaintiff and/or minor child,
The Defendant is required to relinquish to Ihe sherilT any firearm license the defendant may
possess, The Delendant's weapons and tirearm license may be relllrned at the expiration of
Ihe Prolection Order after the defendant has suhmitted a written request to the Court for the
return of the weapons and the Court has notified PlaintilTofthe request and given PlaintilT
an opponunitv to rcsJXlnd A copv oflhis Ordcr shall he lransmittcd Illlhe chicfllr head of
thc Carhsle Police Depanmenl and Ihe sheritl'orCumherland County
The Defendant is enjoined from damaging or destroying any propcny owned jointly by the
parties or (l\\ncd slllcly hy rlaintitl\
The Defendaut is 10 refrain IrOln harassing I'lainlil1' s Iclatives or the minor child,
119 9, Defendant is directed to pay temporary suppon for Plainliffs. Dawn Rana Mellott,
and Jason Marlin Mcllott, Jr , in Ihc amounl of $7500 pcr "cc~, and shall remain in cITcct until a
final suppon order is entered by this Coun, Defendant shall make suppon payments 10 PlaintiIT on
lhe ]'h and 22"<1 days of cadi mOlllh (his pay days), in lhe amount or $ f (,2, 50, io lhe form of a
money order made payable to PlaintiIT, mailed to her mailing address, Support payments are to
commence immcdiately upon enlry of this Order (()efcndHnt is credited with making the linl
snpport payment to Plain tilT in the amount of $162.50 on December 22. 1998). This Order for
suppon shall remain in ellect until a linal suppon order is enlered by this Coun, However, this
Order shall larse antomatically if PlaintiIT docs nOI file a comrlaint for support with the Court
within fifleen (15) days of the dale of this Order. The amount of this tcmporary order docs nol
necessarily reflecl Defendanl's correCl Sllpp0l1 ohligatit)n, which shall be dClcl'Jnined in accordance
with the guidelines at the support hearing, Any adjustmenls inlhe linal amounl of support shall be
crcditcd, retruacti\e to this datc, 10 the appropriale pall)
o
10,
rhe cosls of lhis action arc waived as 10 !'lainli!'!' and imposed on Delendant.
119 11. Defendant is directed to pay $45,96 to the Cumberland County Housing Authority
(CCIIA) on behalf of Plainliff as compensation for Plaintift's out-ol~pocket losses, which arc as
follows: $10,00 to replace her key to the residence at 154B West Pcnn Street, Carlisle,
Cumberland COUllly, Pennsylvania, which he took IrOln her and refused to return, and $35,96 to
have the locks on the exterior doors of the residence at 154B West Penn Street. rekeyed after
Defendant was excluded, Defendant shall pay the total amount of losses of $45.96 directly to the
Cumberland County Housing Authority by Friday. December 25, 1998. or be charged by CeHA
wilh an additional $10,00 late fee,
In addition, Defendant is directed to pay the balance owed on the panics' gas bill ($34,19)
10 UGl, the gas utility provider, for service at the residence from October 10, 1998, through
November 9, 1998, Defendant shall pay the total amount of $34.62, directly to UG1 within 10
days of the cntry of this Ordcr.
o Plaintiff is granted leave to present a petition. with appropriate notice to Defendant, to _
reqnesting recovery of out-of-pocket losses, The petition shall include an exhibit itemizing all
claimed oul-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a
hearing, No fee shall be required by the rrothonotary's office for the filing of this petition,
o
12,
IIllAI>Y INI>I('AIOR
o I. Thc Plailltiff ur '"I"c"tcd 1'"",,,":, "a ,pI'lI'C, li'nner 'pollse. a person who
euhahilale, or has eohahiled wilh Defendant. a I';m'nt of a ClIl11nlllll child, a child of that
perSOll, or a child of Dclelldanl.
o 2, This Ordcr is being el1ler~'d allcr a hearing of which Dcfendant reecivcd actual
notice and had an opportunity to he heard,
o 3, Paragraph I of this Order has heen checked to restrain Dcfendant frOlll
harassing. stalking, or threatening I'hlintiffor protected person/s,
o 4, Defendanl represenls a eredihle threat to the physical safety of Plaintiff or
other protected person/s OR
o The tenns of this Order prohihil Defendanl Irolll using. attempting to use, or
threalening 10 use physical fiJree againslPlainti IT or prolected personlhat would reasonably
be expected to cause bodily injury,
(8) 13. TillS ORDER SUI'ERCEDES:
(8) ANY PRIOR I'FA ORDER alld
(8) ANY PRIOR ORDER RELATING TO CIIILD CUSTODY,
(8) 14. All pro\'isions of this Ordcr shall cxpire onc ycar from thc datc this Ordcr is
cntcrcd.
NOTICE TO THE DEFENDANT
VIOLA nON OF THIS ORDER MA Y RESULT IN YOUR ARREST ON THE CHARGE
OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO
$1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS, 23 I' A,C.S, *6114, VIOLATION
MA Y ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE
PENNSYLVANIA CRIMES CODE, THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50)
STATES, THE DISTRICT OF COLUMBIA. TRIBAL LANDS, U,S. TERRITORIES, AND THE
COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN
ACTION, 18 U.S,c. *2265, IF YOU TRAVEL OUTSIDE OF THE STATE AND
INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL
CRIMINAL PROCEEDINGS UNDER THAT ACT, 18 U.S,c. ** 2261-2262, IF PARAGRAPH
12 OF TI'IIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL
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DAWN J(ANA MI'I.I.UII. : IN 1111, COI :IU OJ ('ll\l\lllN 1'1 h\S OJ
till' h~'rsdl'Hlld 1111 hchilll'lll'h"" 11111"" "'"ld:
JASON MAIH.lN MI'I.ICl". Jlt.. : ('I \1111 It I AN/) ('()( SlY. PENNSYLVANIA
I'lilimilh
vs, : NO, <Js.~-L CIVIl. TUt\1
JASON ~IAIH,IN \11'1.1.0 IT. SIt.
Ddemlillll : I'J(OIH'T/O:" FRO\I ABtiSE AND CUSTODY
NOTICE OF HEARING AND ORDER
YOU IIA VE IlEE:'\ SI:t':1> 1:'\ COIIRT. I fy"u wish III dcfi:nd H~ilim'llhc claims s~'l ti'rlh inlh.:
ti,lIowing papers. youl11usl HppeHr allhc hCilring scheduled hcrcin, If Y"U Ihilto do so. Ihe case may
procced Hg.lillst you ilml H FI;\IAL Order I11i1Y he entered ilgHinsl you grHnling Ihe rdiel'requesled inlhe
Pelition, III partieulHr. YOUI11HY he e\'ieled Ihllll your residcllce ilnd lose other il11porl(llll rights,
A IIEARING ON TillS i\J,\TTER IS SCIIEI>lILEIl 0:<0 TilE ~ 1),\ YOlo' I>ECEI\IBER,
1995,AT ":l.,; 00 p, ,\1., IN COURTRO(>:\J NO. ~ OF TilE ClIMHERL\NI> COUNTY
COURTHOUSE, CARLISLE, PENNSYLVA:'\IA.
You MUST ohey the Order that is allached ulltil il is 1110dificd or tenninated hy the courl aileI' notice
and hearing. If you disohey this Order. the police l11ay arrcst you, Viol.llion ol'this Order l11ay subject you
to a charge of indirect criminal contempl which is punishahle hy a fine of up 10 S l.llllll,llO Hnd/or up 10 six
Illonths in jail under 23 Pa.r.S, ~6114, Violatiollmay also suhject you to prosecution and criminal penalties
under the Pennsylvania Crimes Code, Under lederal law. IS U,S.c. ~22(,S. this Order is entoreeahle
anywhere in the United States. trihallands. U,S, Territories and the Comlllonwealth ofPuerlo Rico. Iryou
travel outside of the state and intentionally violate this Order, you Illay he suhject to tederal criminal
proceedings under the Violence Against Women Act. IS U.S,(', ~ 2261-2262,
You should take Ihis paper to your lawycr at oncc. Yon havc the right to h.I\'c a lawyer
rcprcscnt YOII at the heal'jng. The court will not, howevcr, 'lPpoint a lawyer for you. If you do not
have a lawyer or cannot afford onc, go to 01' tclephone the offiee set forth helow to find out where you
ean get legal help. If you cannot find a lawyer, you ma~' ha\'c to procecd withollt one.
CUMI3ERLAND COUNTY I3AR ASSOCIATION
2 LlI3ERTY AVENUE. CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas orCumberland County is required hy law to comply with the Americans with
Disabililies Act or 1990, For int'lI'Illation ahout accessible filcilities and reasonahle accommodations
availahle to disabled individuals having husincss heti)re thc court. 1'1 case contact our office, All
arrangcl11cnts must he l11ade atlcast 72 hours prior to any hearing or husiness bel,)re the court. You l11ust
attcnd the scheduled conterence or hearing,
IllI 5, "l'IlIlInl: Ihl' oulcOnll' of lhl' finullll'urinl: Inlhi< lI1ulh'r, "Iulnllff Is IIl\Urdl'd
Icmporur)' cuslody of Ihl' folhmlnl: minor l'hUd: ,IlI"l/I 'llIrlln 'll'Iloll. ,Jr.
Unlillhc finul hcarinl:, lIlI conlucl hcl\\Cl'n 1)('fl'llIlunl IlIId Ihl' child shull hc
IImilcd 10 thc followlnl:: supcrs'lscd \'Isllllllon Ihroul:h Cumhcrlund count~'
Childrcn und Youlh Scrvln's or Ihl' ClIrllsll' YWCA's supcrs'lscd \'isitllllon
prol:ramllt I)cfcndunl's cspcnsl',
Thc locldluw cnforccmcnllll:cnQ' inlhl' jurisdiclion whcn'lhc child urc locutcd
shall cnsurc that Ihc child arc plan'd In thc care and control of Plalnliff In
uccordancc with thc Icrll1s of Ihis Ordl'r.
IllI 6. Dcfcndant shllll immcdilllcly rclinquish Ihc follo\\'inl: wcupons to thc Shcrifrs
Officc or a dcsil:nutcd local law cnforccmcntul:cncy for thc dclivcr~' 10 Ihc Shcrifrs Officc,
Dcfcndant is prohihitcd froll1 POSSl'ssinl:, trunsfcrrirll: or uClluirinl: uny olhcr wl'upons for thc
duration of this Ordcr.
IllI
7.
Thc follo\\'lnl: addilionul rclicf is 1:l"lllllcd:
Thc Cumhcrland Counl~' Shcrifrs Dcp'lI"tmcnt shulluttcmpt to makc scrvicc at
Plaintifrs rClJucst and without prc-puymcnt of fccs, hul scrvicc may hc
accomplish cd undcr uny applicahlc Rulc of Ch'i1 Proccdurc.
This Ordcr shall hc dockctcd in thc officc of thc I'rolhonotary and forwardcd
to Ihc Shcriff for scrvicc. Thc Prolhonotury shull not scnd a copy of this Ordcr
to Dcfcndant by muil,
This Order shall rcmaln in cffcct until modificd or tcrminatcd hy thc Court and
cun bc cstcndcd bcyond its OI'i~inul cspiration dlltc if thc Court finds that
Dcfcndant hus committcd an act of ahusc or has cnl:a~cd in a pattcrn or
praclicc thut indicatcs risk of harm to Plaintiff und/or minor child,
Dcfcndunt is rcquircd to rclinquish to thc shcrlff uny fircarm Iiccnsc Dcfcndant
may posscss. Dcfcndunt's wcapons and fircarmliccnsc muy hc rcturncd at thc
cspiration of thc Protcction Ordcr aftcr Dcfcndant has suhmittcd a writtcn
rClJuest to thc Court fOl' thc rcturn of thc wcapons and thc Court has notificd
Plaintiff of thc rcqucst and ~ivcn Plaintiff an opportunity to rcspond. A copy
of this Ordcr shall bc U'ansmiUcd to thc chicf or hcad of thc policc dcpartmcnt
of Carlislc and thc shcriff of Cnmbcrlund County.
J)efendllnl is l'nj"ined 1'1'011\ d:Ulllll-tillJ: III' dl"lru~illJ: :III~ l'ruJll'rI~' 0\\ ned juillll~
h~' Ihl' plIrlles.
J)efl'llIllIlIl is ICIl'l'fnlln frum hlll'll\\inl-t 1'I1I1IIlilrs rl'l:III\I'\,
181 II, A eerlified cupy IIflhis Ordl'r shlll1 hI' pruvided lolhe police d(,pllrlmelll wh('r('
Plaillliff r('sid('s and 11llY olh('r 1Il-tenc~' sp('cili('d hl'rellfll'r: Carlisll' Polin' I)('pllrlll\enl,
D
9,
TillS ORDER SUPERSEDES
DANY PRIOR 1'1'/\ ORDER and
D ANY PRIOR ORDER RELi\Tll\(j TO CIIILD ('l'STODY
TIHSORI)ERAI'PLlES IMI\IEI)IATEI.YTO IlEFEl'lJ)Ar-iT ,\NJ)SIIALL REMAIN
IN EFFECT UNTIL MOJ)JFIEJ) OR TERi\lINATEIl HY TillS COURT AnER NOTICE
ANI) IIEARING,
NOTICE TO DEFENDANT
I)cfendanl is herehy nolificd Ihal viollllioll of Ihis Order lI\ay result In 1I1'resl for
indireel criminal conlempl, which is pnnishahle hy a fine of up 10 $1,000,00 andlor up 10 six
monlhs in jail. 23 Pa.C.S. ~6114. Consenl of lhe Plainliff 10 Defendlllll's relurn 10 Ihe
residence shal1nol invalidllle this Order, which can only be chanJ:ed or modified through the
filing of appropriate court papers for thaI purpose. 23 PlI.C.S. ~6113. Defendant is further
notified that violation of this Order may sub,ject him/her to state chllrJ:es and penalties under
the Pennsylvanhl Crimes Code and to federal c1mrJ:es and penlllties nnder the Violence Against
Women Act, III U.S.c. ~!i 2261-2262. Any protection ordel' J:ranled by a court may be
considered inllny suhsequent proceedinJ:s, includinl-t child cnslody proeeedinJ:s, undcr title 23
(Domestic Relations) of the Pennsylvania Consolidated StlltutcS.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall hc enforced hy the police who have jurisdiction over the plaintlfrs
residence OR any locations where a viollltionoflhls ordcr occurs OR where the defendant may
he located. If defendant violates I'll nigra phs I through (, of this Order, defendant may be
lIrrested on the charge of Indirect Criminlll Contempt. An arrest for violation of this Order
may be made without waHlInt, has cd solely on prohahle cause, whether or not the violation
is committed in the pl'esence of law enforcemcnt.
DAWN RANA MI'I.LOTT. : IN II IF ('( win OI,('O\1\10N I'Lh\S OF
)i,r herself and on hd",1 I' of her minor child:
JASON MARLIN MELLOTT. .IlL : ('\ :\lIl1:I(),AND ('Ol'NIY. PI:NNSYLVANIA
Plaintifls
VS, : NO, (IX. I.. r.J ( (')VII. IFR\l
JASON MARLIN MEU.OTT. SR..
Dclcndant : PROTE<'TION FRO\I ABliSE ANI> CUSTODY
PETITION FOR PROTECTION FROM ABUSE
COUNT I
I, The Plaintifls arc DA WN RAN A MELLOTT and JASON MARLIN MELLOTT. JR.
2. This Petition is libl hy DAWN RANA MELLOTT. li'r herself ami on hel",lf of her
minor child. JASON MARLIN MELLOTT. JR.. 4 years old,
3, The persons who seck protcctionlrom ahuseare Plaintifls. Dawn Rana Melloll. and her
minor child. Jason Marlin Melloll. Jr.
4, Plaintifl's penn anent addrcss is 154B West Pcnn Strect. Carlisle. Cumherlaml County.
Pennsylvania 17013. Plaintifls arc temporarily residing at 156\3 West Penn Street. Carlisle,
Cumberland County, Pennsylvania 17013. J(,r their protection and to avoid further abuse,
Defendant's Social Security Number is 164'0(,-0347,
, ,
I."~,,..,..,
,':
5. Defendant currently resides at 154B West Penn Street. Carlisle, Cumberland County,
Pennsylvania 17013.
Delcndant's date of birth is OJ/J0/73,
Defcndant's place of employment IS Pizza Hut. X I <) East \-I igh Street. Carlisle.
Cumberland County. Pennsylvania,
(" Defcndant is Plaintifl's husband and the Illther of the parties' minor child, Jason Marlin
Mellott. Jr.
7, Delcndant has heen involved in the !(lllowing criminal court action: Defendant was
convicted of burglary. the Ii by dcception. breaking and cntering and served approximately I Y, years
in Cumberland County Prison,
'"
x, Plaintiff ",d., 1"l1Iporary "lI'l"dy "flh,' 11,11"" in~ child:
Natlll..:
Jason ~larlin \1\:11011,.11'.
,'\~,h:~c~
151011 W,.,tl','nll Strllt
( 'arlislc.PA
lIirlLlilall
\lay 2'). 11)!)4
!), Plaintiff and Iktellllant arc the parents of the li,lIowin~ l1Iinor child:
Name
Jason Marlin Melloll. Jr,
Age
4 years old
I n, The li,lIowing inlimnalioll is prodded in supporl of Plaintif!'s requestli,r an Order of
child custody:
a) The child was nllt horn out ofwedlod;,
h) The child is presently in the eustmly of Plaintiff. Dawn Rana Mellott. who is
temporarily residing at IShB West Penn Street. Carlisle. Cumherland County.
Pennsylvania. till her protection ami that of her minor child.
c) Since his hi'1h the child has resided with the li,lIowing persons and at the
li,lIowing addresses:
Persons child lived with
PlaintifL her friend. Jodi Giant,
and Ms, GIant's son, Cody Fry
Address
I S(,B West Penn Street
Carlisle. P,A
When
From 11/11/98
to the present
Plainti IT and Dclendant
154B WeslPenn Street
Carlisle. PA
From 8/98
to 11/11/98
Plaintiff and Defendant
James Wilson Sate Harbour
Carlisle. PA
From 1\/97
to 8/98
Plaintiff. Defendant. her 1842 Walnut Bottom Road
grandparents. Hazel and William Carlisle, PA
Handshew. and her uncle. Frank Ridley
From 11/96
to 11/97
Plaintiff
82 Lemonwood Acres
Uniontown, PA
From 7/96
to 11/96
Plaintiff, her step-sister. Becky
Savage. and her sons. Riehy and
Jimmy Savage
96 Lemonwood Court
Uniontown. PA
From 5/96
to 7/96
~) Ikli:ndanl has sh,,\\n hy his ahuS\' "rPlainlilfand dnld Ihal h~
is 11111 an al'l'r"I'I'I.1I,' r,,1e lII"dd lill' Ih~ 11111I"1' \'hild,
.1) Ikli:ndarll's heh.l\ 1111' h,lS '1I"~rs"'y alli:~I~d Ih~ ~hild,
II, Th~ 1:1~ls or Ihe l1I"sl r~~~nl in~idenl or ahus~ ar~ as filll,,\\s:
^nl1ro.ximal~ Dal~: On or ah"ul :\owmh,'r .111, IINX
I'la~~: 1561l \VesIP~nn Str~~t, Carlisle, Cumherland Counly, P~nnsyl\'ania, th~ home
or Plaintifrs li'i~nd wh~J'\: sh~ and the I'ani~s' minor child arc tempof<lrily
residing to a\'llid run her ahuse Ihnll Dcli:ndanl.
On or about Novcmber .111, I ')l)X, Dcli:ndant 'll'proaehed Plainti IToutside her neighhor's
home, poked her in the neck with his linger, and threatened her saying, "Vou're done,"
When Plaintifr went inlo her neighbor's home and came back outside, she Illlll1d that
Dclendant had thrown her e10lhing and her minor child's "'olhing on the porch of her
neighbor's home,
12, Delendant has eommilled the fi,lIowing prior acts or ahuse against Plaintiff amI/or the
minor child:
a) On or ahout Novemher 2.1, 199X, Dclendant approached Plaintiff: grabhed her
hy the ann, demanded that she r~lurn home with him, causing h~r arm to he
scratched with his keys as she tri~d to get away Irom him..
h)
On or ahout Novemher 17, 199X, Delendant hit Plaintiff in Ihe nose with his
hand, and when she asked him to leave, he jerked the chair she was sitting on out
Irol1lunder her and threw it down the stairs, As Plaintiff tried to eall the police
Illr help, Defendant yanked the telephone cord Irom the wall, threw the
telephone hitting the parties' 4-year old son, Jason, Jr., in the head, and threw
several pieces of llirniture down the stairs as a caseworker Irom Cumberland
County Children and Youth Services arrived to interview the parties, Defendant
beeume belligerent with the caseworker, and threatened to kill Plaintilf, causing
hoth women to leur Illr their sufety und leave the house, The Plaintiff had pain
und soreness und the child hud pain und redness on the side of his Illee as a result
of this injury,
I'
~".
I
c) On or ubout Novemher 13, 1998, Defendunt broke Pluintit't's pictures and their
son's toys, ripped urticles of their clothing, und struck the walls with his hands
repeatedly hloodying the walls,
d) On or ahnut Novemher II, 1998, Plaintiff and her minor child, fearing for their
safety, moved to u neighbor's home utter Delendant threutened them saying, "I f
Il'aldl )'011 ,11111 Ih,' dllill IInlhe '11\'\'1. 1'111111 Y"II," and ''I'mlircd IIfsllpponillg
Y"UI\lo; 11I1I~hl a' \ldl ~1I1 YOIII"'lh and fll'111 ""'1' \\ilh.
,,) On or aholll ~oll'mher III, \'NS, I kknd.lllll11ld I'lainli lfinthe pl'l'sem:e oflhdr
child 10 "gd 0111" and ta~e hel ha,lanl "'II.
I) Oil III' ahout ~O\emhl'r II, I (iIIS.lkkndalll shmed I'lailllilLlhoUI. alld whell shc
fcll 01110 Ihe hed, hl' slraddkd her. pinned hcr dOWII, threatcllcd to kill hcr and
Ihcir SOli. Whelllhcil sOli clltcred Ihc room. I'lailllifftold Ihc child lolcavc Ihc
room. alld alkrh,' kh,l>ckndalll held a ~nik tol'lainlitrs "Icc.lhrcalcncd to
cUI hcr ifshe did nol do whal he wanlcd. and "'recd hcr 10 havc scx wilh him,
j)
On or ahout Odohcr 23. 191)S. Ddendant slapped Plainli IT on Ihc moulh,
f.,
.
I.
g) On or ahout i\(l\cmhcr S. 1995. Dclend.mt yellcd al I'lainliff and Ihcir son,
pullcd liwelllillld outoflhc li'ee/cr, and thrcw it hilling Plainliff and thc child
with it.
h) On or ahooll'lol'cmhcr 7, IllliS. Ddendanl pushcd thc chair Plaintiffwas silling
on causillg her 10 IlllI 10 thc noor and thc chair to HIli onto hcr. Whcn thc
Ilartics' 4-ycar old son lold Ddelldant 10 stop hilling his mommy, Ddendant
slappcd the child in thc Illcc. ycllcd at him to "shut thc hcllup," and lold him not
to talk to him likc that. Thc child was traumati/cd by thc incidcnt.
i) On or ahmll NOl'cmhcr ('. 1995. Dclendal1l pushcd PlainlilT hy hcr shouldcrs,
shovcd hcr agaillst Ihc wall. alld punched hcr in thc ehcst. PlaintilTsustaincd
rcdncss and sorcllcss about hcr chcst as a rcsult of this ineidcnt.
k)
On or ahoul Octohcr 22. 1995. Ddendant kicked Plaintiff on thc Icg, and in
front of thcir child. drovc thc car up onto thc eurh toward Plainti fT narrowly
missing her,
r:
c
I)
On or ahoul Odohcr 19, 1995. Defendanl grabhcd Plainti f1's mouth. squcczcd
and twisted her Illec. alld told hcr 10 shut up or hc would kill hcr. Fearing lor
thcir safety. PlailltilTtook hcr SOli in thc hcdroom with her, locked thc door. and
rcmained there lilr thc night.
:
I.
f
l.:
m) On or aboul Oetohcr 16. 1995. Ddendant thrcw thc stereo at Plainti IT causing
hcr to have 10 movc to avoid beillg struck by it.
n) On or about Oelober 13. 199R, Delendanl. who was supposcd to takc thc panics'
child outll)r Ihe evcning. instcad dcmandcd. in thc prcscncc oflhcir child. that
PlaintilThal'esex with him. WhclIPlaintilTrefused and told Dclendallt to Icavc,
h,.I"','anlc .lIlgry, took 111l' dnlll\ h."'~I'.I..k lnun hnn, Ihrcw II al thc hoy hillinlt
hnn ontll<' dlCs' \lIlh II, and ydkd a'lh",'lnld, ''Fnck you and Ito to hcll!" ''I'm
nOI,aklllg yon ,ulYIIIIl'rc," I h,' dul" \\as trannlatl/cd hy ,his incidcnl.
0) ()n or ahout (letohcr I. I'I'IS. Ikli:n"anl dho\\ ,'.1 111l' partics' -I-ycar old son in
Ihc mouth hloodying his hI'. sll'uck l'lallltil!'on thc nosc with his ann hloodyinlt
hcr n,,,c. and )'clkd at hcr "lying. "You tlll'kinlt hilch!" "(ji\'<: mc my money
or I'll kill you!" Whcn I'laintilf tricd to tdcphonc 'III li.r help. Dc1emlant
grahhcd the telcphonc r,'cci, cr li'ol11 hcr and thrcw il ami the hasc of the
Iclephone altainstlhc wall. Plainti Ifs ncighhors telcphoncd the police li.r help.
1') In or ahoullate Scptemhcr I 'N?, PlaintifC who W,IS taking a shower, hcard the
parties' son sercam. Itot out oflhc showcr. ,u1(lli1lmd thc hoy crying. with red
marks ahout his ncck. alld mcltcd di"CSC smcan'd onlh,' side of his face, The
child told Plaintiff that Dclendant ha" choked him. and smashed his lilce in his
cheesehurger hecausc hr' told Iklen"ant he cut thc slllulwieh pieces tou hig.
q) In or ahout summcr I'I'I? Defendant showd 1'laintilT onlo thc hed. pinned her
down. hdd a pillow ovcr hcr lilcc. ripped her nightgown and pantics oft: and
holding a loaded handgun at hcr head. threatened Plaintiff saying. "Go ahead.
Fuck with me," Plaintiff leared DdCndant was going to kill her.
1') In or ahout sunnncr I <}'1-1. Dclendant punched Plaintiff in the filce. Plaintiff
sustained swelling and soreness ahoUl her jaw as a result of this incident.
s) During Plaintif!'s pregnancy with their child (Septemhcr 1993 through May
19'1-1) Defendant was angry with hcr. accused her of selling him up, baek-
handcd her across the lilce on sc\'cral occasions. shovcd her ahout, grabhed her
lilce and twisted and squeezed it. told her he wished thc hahy was dead that he
wished the child would he stillhorn, ami several times while they lay in bed
logcther, Defendant used his leg tolilrcihly move thc haby about in Plaintiff's
helly despite her protests.
t) Since approximately Septemher 1993. Dclendant has abused Plaintiffin ways
including. hut not limited to. shoving. grahhing, slapping. punching, kicking,
choking. throwing ohjects such as a sterco. Irozen f(,od at her, restraining her by
pinning her down. controlling her hy withholding money Irom her, restricting
her socializing with Iriends amlliunily memhers, intimidating her, threatening
to hit her. and threatening to kill her, In addition, Delendant has abused the
parties' 4-yearold son. Jason. Jr.. in ways including, hut not limited to, spanking
the child in his crih when he was a 2-week-old inlimt because he had colic and
cried too much, heating the hoy ahout his huttocks and Icgs causing hruising
ahout his legs, choking the child leaving red marks about his neck, slapping bim
" '-. --..-"
ahlllll Ihc tilC", IhJ'llwing thing" sllch it' Ihc hllY's hllokhag. IrMcn li'lld, a
tckphllnc. yclling and scrcaming al th,' child, cursillg OIl him, Ihr,'alcning him
with hlldily harm. and thrcatcning to kill him,
13, Defcndant has uscd "I' thrcalcncd tll usc thc '(llIllwing wcaplln against Plaintiff: a
handgun,
1-1, The "'lInwing Plllicc departmcnt or law cnl('rccmcnl ag<'ncy in thc arca in which
Plaintifflivcs should hc provided wilh a copy oflhe Protcction Ordcr: Carlislc Policc Depal1mcnt.
15, Therc is an immcdialc and prcscnt dangcr of furthcr ahuse from Dcfcndant.
16, PlaintilTis asking the Court to cvict and cxcludc Dcicndantlhllllthc rcsidcnce at 15-1B
West I'enn Street, Carlisle. Cumherland County. Pcnnsylvania. which is rented hy Dawn Rana
Mellott and Jason Murlin Mcllllll. Sr. Dcfcndant has llnnily and fricnds in the area with whom he
can stay.
17, Defcndantllwcs a duty of support to Plainti IT and thc minor child,
WHEREFORE, PLAINTIFF REQUESTS 1'IIAT TilE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEARING. A FINAL ORDER TIIAT WOULD DO
THE FOLLOWING:
A, Rcstrain Defendant from ahusing. threatening. harassing. or stalking Plaintiff
and/or minor child in any place wherc Plainti ffs may he l(lUnd,
8, Evict and exclude Defendantlrom Plaintiff's residencc and prohibit Dcfendant
from attempting to cnter any temporary or pennancnt residenec of the Plaintiffs.
C. Rcquire Dclendant to provide Plainti ff and minor child with other suitable
housing,
E, Prohibit Defendant f('om having any contact with Plainti 1'1' and/or minor child,
cither in person, by telephone, or in writing. pcrsonally or through third persons,
including, but not limited to, any contact at Plaintitl's placc of employment, or the
child's school or day earc t11cility.
D, Award Plaintiff temporary custody of the minor child and place the following
restrictions or contact betwecn Defendant and child: supervised visitation through
Cumberland County Childrcn and Youth Scrviccs or the Carlisle YWCA's supervised
visitation program at Delendant's expense,
F, Prohihil Ikl\:nd,lI11 from ha\ Ill): any ,'ollla'" \lith Plamtil'!'s rdati\es and
l'lainlifl's child 1i,1\'d illlhi, P,.tition,
(j, Order Ilcli:ndant to temporarily 111m o\er \leapOIl' to the Sheriffoflhis County
and prohihil Dcli:llllant Ihllll transli:rring. aeqlliring or possessing any slleh m:apons 1.,1'
Ihe duration of the Order.
II. Order Dcli:mhmt to pay lemporary support 1.,1' PlainlilT aJllllhe minOl' child.
including medical support and payment of the renl on Ihe n:sidenee.
.
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I. Direcl lkti:ndanl to pay Plaintitfti'r the reasonahle linanciallosses suffi:red as
a result of lhe ahuse. to he dclcnnincd allhc hearing,
\
)
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J. Order Dcli:ndant to pay the costs oflhis aelion. including liling and service Ices,
K, Order Iklcndanl to rcimhursc Cumherland County. a Legal Services funding
source, S250,OO Illr thc value of the legal services provided loPlaintiff lilr the cost of
litig"ting this case if the case gOI.'S to hearing.
L. Order lhe Illllowing additional rdief. not listed above:
The Dclcndant is required 10 relinquish 10 the sheriff any lireunn license
Defcndant m.1Y possess, Dclcndant's weapons and lireann license may be
returned at the expiration ofthe Protection Order aileI' Dclcndant has submitted
a written request to the Court lilr the return of the weapons and the Court has
nOlilied PlaintilTorthe request and given PlaintilTan opportunity to respond,
'\
,
,I
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,
The Delcmlant is enjoined Irom damaging or destroying any property owned
jointly by the parties or owned soldy by Plainti IT,
The Defcndant is to refrain from harassing Plaintiff's relatives or the minor
child.
,
j,
M, Grant such other rdier as the court deems appropriate,
N, Order the police or other law enll,rcement agency to serve Dclcndant with a
copy or this Petition. any Order issued. and the Order lilr l'learing, The Petitioner will
intonn the designated authorily or any addresses, other than Dclcndant's residence,
where Derendant can be served,
, '1
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VERIFICATION
I \elil) Ih~1 I ~m Ill" 1'"lilillJl"1 ,l> J",igJl,II"d ill Ih" 1"""'111 ...11."1 .wd Ih..1 Ihe IJcl> ~IIJ
statements contained in the ahove I'elition arc lrue and correct to the hest uf my knuwledge, I
uJldelslanu Ihal any lidsc slalemenls ale maoe subJe.:! III Ihe pellallles III Iii I'a ( :- ~4')1J4.
relating to unsworn falsification In authnrilies
Dated J.L~O:::'j8_
,~, r'\.J1}~tt
1).11111 R.III;I \Idlllll. 1'1.lilllil1'
CIWTJ nC^TJON OF I'F^ CONTF:MP'I'
Case Number qU8..~.i_-
Name ~dl)~fL-
/J4B {Jei f>g~~Je(~~
r L3
Victim's Name:
~k1t
'lCl&l~ flIe\\ott.1R,
Balance Due: $ qq.lO
^DD DELETE
170 State Surcharge $ $
171 State Fine $ $
260 Sheriff Cost ( $1. 50 . any addU) $ !l.'I?,~O $
207 District ^ttorney $ 10.00 $
204 Court Costs (C~!!rk of Court) $ 15.00 $
-----
502 Restitution
Name ~Y- Office. s Lf.1j 0 S
^ddress
City State
Zip
~~ S
s
Address
City
State
Zip
Name
Address
City
State
zip
Person Certify~ng Information
?"if9&,J
Date Ifjlj-9F'
Prothonotary Office
,
DA WN RAN A :-'IELLOTT,
for herself .md on behalf of her minor:
child: JASON MELLOTT, JR,
Plaintiffs
IN TilE ('()\ IIn OF ('OMMON PLEAS OF
CUMBERLAND ('0\ INT\'. PENNSYLVANIA
'JX-hX25 CIVIL
V,
JASON MARLIN MELLOTT. SR..
Delcndant ('\ lARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A IIEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Tmvis N, Gery, Sr. Assistant District Attomey of Cumberland County,
Pennsylvania. brings the following Petition for a hearing on charges of Indirect Criminal
Contcmpt:
\, ^ Protcction from Abuse Order was issucd by the Court. A tme and corrcet
copy of the Order is attachcd.
2. The defendant's violation of this Order is averred in the attached criminal
complaint.
3. The victim requcsts thc Iiling of an Indirect Criminal Contempt Charge,
4, Thc District Attomey'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,e.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 dcems appropriate following the trial in addition to
any other sentence. 23 Pa,e.S.A, *61 13,
WHEREFORE, the Commonwealth requests the defendant be commanded to
appear before the Court on the charge of Indirect Criminal Contempt.
Respectfully submitted,
~~~
Travis N, Gery
Sr. Assistant District Attorney
COMMONWEAI.TII 01' I'E:o.:NSYl.VA:o.:IA
COUNTYOJ'('(JMIIFRI Ar-;f)
*,
I'OLlCE
CRIMINAL COI\II'I.AINT
liH' OJ (n\4..t(I~ PI
"'1'" ~
UIH_ It..
{'IIMMONWt:AI:rIl (If' I't:NSS\'I.\',\S',\
{'IIMDI:RJ,ANII ('OliSTI'
COllRTIIOlISI:
<'ARI.ISU:,I'A 1701.1
('O,\l\lOSWI:AI.TII OFI'I:NNS\'I'v,\NI,\
"
......
IIUI'I""
,,,_
Docket No,:
Dale Filed:
OTN:
',\\lI:.lIdAI)llHf:~1i
J,\SON MARLIN MEI.LOr.., SIl.
~IOTt:J. 6
115311.rrishur~ J'lke
CAIU.lSU:.I'A 17013
Jason Marlit, Mt'lIutt
Compl.IIlUIDCld'lIl Nllmbtr
98./157
IId,nd.nl'. Sin
/92.1/-47-4
("umlll.lnl ~umbfn If(JIh" rUllcllllnh
/1)t)XI1(J()/(}S ('tlrh\l('/'f)
IIdenl"'''''' Snd.1 SrrvrUv :'<jumhlr
/64660.f47
District Attomcy"s Office 0 APP'OI'~J 0 IJi,"opprol,tll ht('lIUlt':
(Tbt Dislntl Attorney m.l)l require thai tIn: ~ull1plail1l,arrC\1 1I1IIanl dfiJnll, or t.oth bt;' al'pruH'J h~'lhe ^tlnllll:Y fur lhlt' ('ummun"'ea!lh prior III filiull l'aR.('r,I'.107.)
(NmltOr^"I~ f..thcn'ltllYll1lllOnlth ./,k..,..,l'lInl,w 1)1'</
l"',n.a/~'c,,f An,,",cy f....('un1lT>o.w".callh)
(lt~lcl
I,
Dt'lt'ctl",.. Lt'tltla R, Woodford
Name (If Affiant.I'!c:;a.sc: l'nl1lur T~JlC."
Cumb~,IQnd COUll Di.tt,it:t All rllf '~\' 0 ICt'. Crimil/allm'e.\,ti 'alion Di,'i,~ioll PA011013A
Illc:ntify f.k{Qrtmcnt or Agcncy Rcprc~t'lllell anlll'llhlical SuMi\'isinn Pulice I\gcncy ORI Numhcr
do hereby state: (check flppropri{/f('llrm)
49-8
om((~r nallge Number/I,D,
OF
Origmaling Agency C'a.'iC: Number (OCA)
I.
181
o
o
I accuse the above named defendant, who lives at the address set forth above or,
I accuse the defendant whose name in unknown 10 me but is described as
J accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefor designated as
John Doc.
with violating the penal laws of the Commonwealth of Pennsylvania at 819 E. 11;1:11 Slrt-et, Carli.'ile PA 170/3 in Cumber/Gild Count)' on or
about J December /998.
Participants were: (If there were p::mitiranlll. place their llames lien:. repealing name of aoo\c uefcrllLml)
JASON MARLIN MELLOTT, SR.
2. The acts committed by the accused were:
(Sel Fonh. summary ohhe facu. sumein,110 ad.i,c lhe lkfrnt1ml "flllc n~IUIC Uflhcl,rrcmc dM'll.N ,\ cir~li"n Il> lhc l.lalule ~lIcllcdly \'iolaIN, wirhllul morc, il. null.umciclIl III a I~mmary coue, )'uu mun cilc
Ihe l.pc:cilic tWi'lIl ;llId subsmi,m oflhe IlalUlC I'" Illtlin;uKc ~lIcll.rdry linl,uN I
INDIRECT CRIMINAL CONTEMPT - 23 Po. C.S. fj6114
Actor did violate a Protection From Abuse order signed by a Penns)'lvania Court of Common llleas
.Iudge.
Victim: :lawn Ibua J\lellott
PFA artier Numheralld Dille ofl.'-'1,": 98-6825 Civil Term, issued on 03 Oeeemher 1998 by the
Honorable George 1-:.lIoffer, President Judge
Violalioll Committed: At approximately 2045 hours on 12-03,98. the derendant did telephone the
homc of Dawn Rana i\1clloU, speaking to .Indy Giant, which is in l'iolatioll of paragraph 4 of
Tcmporary Protection From Abusc Order 98-6825 Civil Term.
o.r.ndanl N.""" JASO)4 M^RI.IS MII.I,OI'l, SR
l>oc:k<1 Numb<"
*'
1'01,1('':
('lUMINAl. (,()J\U'I.AIN'I'
I HI l,l (0\4"(1,", 1'1
all o[",'llIcll \\l'Il' OI)tilll1"lllw Ix'an' ,Ull! dWI1lI,"' tlflh,' ('llmlllUIl\\\'.tllh 1I11'l'lltl,,,h.III1.. .&rlllltll1l1.t,... llllh,' Al" HI ^\'l'lllhly. tll In \lulJllnn uf
I. M/.I 1I111ll' .'t/l,,(' \
1,"1"', 1,...10.1\'_1 1"""",,111 ,t..""1
%, ullh~'
I'"U'" 1''',,"1_1 I""'lIt""I II.....)
3. uflhl'
l\ftl".' ...."....,_t ."......_1 Ie.....'
4. uflhl'
",.1".' 1....10..'..."1 ,"'"11"" l.'...ltl
5, tilth,'
t'Klkl,,' C'u.b_II.., ,"'W.l..... tI....."
J. I ask that 0 a warrant of a"....\I or [gJ u ,'/lmmotn be ISSUl'tl anllthat the lkfcndanl be u."quucd to answer the charges I have madc. (In
order for a warnml of arrest 10 issue. the 3ltachl'd aflida\'ll of probable cau~ rnu~1 he complcll,.-d and sworn 10 before the iSSUing authority.)
4. I verify that the facls set forth in this complaint arc lrue and curred 101111,,' bcst of my kno""lcd~e or mfOmlJIIOn and belief. This \'crilication is
made subject 10 the penalties of See Ii on 41)f)4 of the ("~im~'s C e (I~ Ilf\..c..s....: I)l~) 'C~ uns\';om fal!;' ns to authonties,
~ c)b ,"-,- : " ~ C-~C
(Oalt) ISllnalu'''1 Camlllalnanll
AND NOW, on this datc ,I cenlfy the complaint has heen properly complcled and ",'crilied. An affidavit
of probable cause must be complcted in order for a warranl to ISSUe,
(MaallltrlaIOltlrlcl)
lluulnl,\ulhurll,)
lSEAI.)
2
ISI'IIII'ST SliMIlH{
'IX,1.157
1:('Ill'll
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AFFII>A VIT OF I'ROIIAIII.E I'AI 'SE
I U\lI'I.AIST SI '\IIIHl
Yl:AR
1\'1'1' 1\:\ '\lIIl:R
COURT m' COMMON I'''':AS IW
CUMBERLAND CO\INTY
('(lIllplallll ~Ul1lll\'I' 1"( )thcc P.ullClranl,
('Ol\l\lOSWE,\J:m OFI't:SSSYI.v ANIA
I>EI'ENI>^NT: VS.
!
t.
I
I.
Deleellve Lelllla n. Woudford
(Name of Affiant)
NA\lE
AND
ADDRESS
ISON \lAIU.JN MELLOrI'. SR.
MOTEL 1>. 115JIIARRISIIURG PIKE
CARLlSLE.P^ 170lJ
of Cumberland Counl)' Dlslrlcl Allorne)"s Office, Crimlnalln"esll~allon Division
(Identify department or agency represenled and pnlitieal snbdi\'ision)
being duly sworn (or affinned) berore me, according to law. deposes and says that there is probable cause to bclie\'c that:
PROBABLE CAUSE BELIEF IS BASED ON TIlE FOLLOWING FACTS AND CURCUMSTANCES:
On 12-04-98 a\ approximately 1545 hours, the defendant did admit to ChiefCounty Detective Michael
Brennan and your affiant to making a telephone call to the plaintiff, Dawn Rana Mellott, in violation of
Temporary Protection from Abuse Order 987-6825, paragraph #4, which states the following: Defendant shall ,\
not contact Plaintiffby telephone or by any other means, including through third persons.
In lieu of the facts as stated above, I respectfully request the defendant be summoned to appear before
court on a charge ofIndirect Criminal Contempt.
,~.:
BADGE NO,
IJISTRICTIUNIT
,'i'
{'(
:'.4
-~\
'1
Sworn to and subscribed bc.:fore me this
day of
, 19_
(SEAL)
(Signature of Issuing Authority)
DISTRICT JUSTICE COURT NO,
OFFICE ADDRESS:
Dale Commission Expires:
Phone:
DAWN I(ANA MI'I.UII'I, : INIIIF COt:in OF COM:\H>N I'I.I'AS OF
tilr hrrsrlf 1m" "" hehalf Ill' hellllllllll dlllll.
JASON MARLIN MELI,orr. JI(" : ClIMIlERI.A:-.II> COllNTY, "ENNSYI.V ANIA
Plllinlitls
\'S, :No.9X'uJj:: CIVIl-TERM
JASON MARLIN MELLOTr. SR,.
Defendant : PROTECTION FROM AIlUSE AND CUSTODY
~OTICE OF HEARING AND ORDER
VOU ",\ VI-: UEEN Sl1EI> IN COIJln. lfyolJ wish 10 defend :tgainstthe e1:tims setlllrth in the
following papers, you must appe:tr allhe hearing scheduled herein. If you tilillo do so, Ihe case may
procced against you and :t FINAL Order may he cntcred ag:tinst you gr:tnting the relicf requcslcd in thc
Petilion, In particular, you m:t}' he cvicted tr.lIn your residence and lose other import:tnt righls.
A ImARING ON TillS MATTER IS SCIIEIlULEI) ON TilE l~ DAY OF m:n:I\1HER,
1998,AT -:>.,: 00 p, .i\I..INCOllRTROOI\I NO. ~ OF TilE ClJl\tnERLANI> COUNTY
COUIrJ'1I0VSE, CARLISLE. PENNSYLVANIA.
You MUST ohey the Order Ihal is allaehed unlil it is m()(litied or lenuinated by the court aller notice
and hearing, I I' you disobey this Order. the police may arrest you, Violation of this Order Illay subjcct you
10 a chargc of indirect crimin:tl contempl which is punishable by :t line of up to S 1.000,00 and/or up to six
months in jail under 23 Pa,C.S, *6114, Violation lIlay also suhject youlO prosecution and criminal penalties
under the I'ennsyl\'llni~ Crimes Code, Under federal law. I K U.S,c, *2265, this Order is enlnrceable
anywhcre in the United States. tribal lands, U,S, Territories and the Commonwealth ofPuel1o Rico. If you
travel outsidc of the state and intentionally violate this Order, you may bc subjcct to federal criminal
proceedings under thc Violence Against Women Act, 18 U.S,c. * 2261-2262,
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 help. If you cannot find a lawyer, yon may have to proceed without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 170i3
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 infonnation ahout accessible facilities and reasonable accommodations
available to disabled individuals having busincss before the court, please contact our office, All
arrangements must be madc at least 72 hours prior to IIny hearing or business before the court. You must
attend the scheduled conference or hearing.
,
0,
r
~
DAWN IlANA MELLnIT, .1~1I11; COIIIU 01 ('O~fM()N I'I"'\S 01'
lilr hersdl' and Oil hehal I' of her millor child
JASON MAllI.IN MELLO n. Jle. : ('I'~lIll',I(LA~I) ('( lllN I \" I'I',NNS"LV^'IA
l'laintin:s
"
\'s. ; ~(). 9X"_w~LL_ ('1\'11. TERM
JASON MARLIN MEI.LOTL SR..
Delcndallt : PROTECTION FIW~1 ABUSE AND ClISTODY,
JEMPORARY ~ROTECTION .~ROM ABUSE ORDER
~,
.
~
I
Delcndant's Name: .Iason Marlin :\Irlloll, Sr.
,
..
Names of all Protected I'ersons. includin!-! I'laintin and minor dlild:
Ilawn I{ana
Mellott
Defendant's Date ofBirth: 03/30/73
Delcndant's Social Security Numher:
IM.('('-03~7
and hrr minor ehi*o~ Marlill :\ll'Iloll, ,II',
AND NOW, this'lt"'" day of Dre,'mhrr, 19911, UpOIl collsideration of thr ltttaehed
Petition for Proteetioll ~j;;;- Ahuse, the court hereby ,'ntrrs lh,' followin~ Trmpol':lr~' Ord,"':
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181 I. Defendant shall not abuse. harass, stalk or thrraten any ofthr abu\'r prrsolls ill
any place where they might be fOUlld,
181 2. Defendant is evicted and excluded from the residellee at I 54B West Penn Street,
Carlisle, Pennsylvania, or any other pel'l11anrnt or trmpo....ry residence where Plaintiff may
live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no riJ:ht
or privilege to enter or be present on thr prrmises.
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181 4. Defendant shall not contact l'laintiff by telephone or by any other means,
including through third persons.
181 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location. Defendant is specifically ordered to stay away fromlhe following locations for the
duration of this Order: 156B West Pellll Street, Carlisle, Pennsylvania.
I>cf"nllnnlll cnjolncd from dllnlllglng or d,'stro~'ln\.: IIn~' 11I'1t11l'l'ly ''''Ill'd jolnll~
h~' rhc parlll's.
I>cfcndnnils 10 rcfraln from hnrasslng 1'llIlnllrrs rclnllws.
BI 8, A certified rop~' of Ihis Ordcr shall he pro\'lded 10 Ihe pollcc dellnrlmcnl where
Plninliff resides nnd any other n\.:cncy spccified hereafler: Carlisle Pollcc I>ellllrlmenl,
D
<),
TillS ORDER SUI'ERSEDES
DANY PRIOR f'FA ORDER IIIllI
D ANY PRIOR ORDER RELATING TO C1I1LD CUSTODY
TillS ORDER AI'PLlES 11\11\1 EI>IATEL Y TO I>EFENI>ANT ANI> SIIALL REMAIN
IN EFFECT UNTIL 1\IOI1IFIEI> OR TERI\IINATEI> BY TillS COlJRT ^"TER NOTICE
AND HEARING.
NOTICE TO DEFENDANT
Dcfcndnnl Is herrhy notified thllt violation of this Order may result in arrest fOl'
indirect criminal contell1ll1, which is punishllhle hy II fine of up 10 $1,000,011 'lI1d/or up to six
months in jllll. 23 PII.e.S. ~6114. Consent of Ihe P(lIintiff to J)efendaut's rctul'll 10 the
residence shall not invalidate Ihis Order, which can only he changed or modified through Ihe
filing of appropriate court papers for Ihat purpose. 23 PII.e.5. ~61 \3. I>cfendanl is further
notificd that violation oflhis Order may subject him/her to stllte charges IInd penalties under
the Pennsylvania Crimes Code and to federal charges and penalties under the Violenee Against
Women Act, 18 U.S.c. *~ 2261-2262. Any protection order grllnted by a court may be
considered in any subsequent proceedings. induding child custody proceediugs, under title 23
(Domestic Relations) orlhe Pennsylvllllia Consolidated Stlltutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall he enforced by the policc who hllve jurisdiction over the plaintifrs
residence OR any locations where a violation of this order occurs OR where the defendant may
be located. If defendant violates Pllrllgmphs I through 6 of this Order, defendant may be
arrested on the charge of Indirect Criminlll Contempt. An arrest for violation of this Order
may be made without warrant; based solely on probable Clluse, whether or not the violation
is committed in the prrsmce of law enforcement.
DAWN RANA MELLO IT,
IiII' herself and on hchalfof her nunor duld:
JASON MARLIN MELLOn, m,
Plainlills
VS.
JASON MARLIN MELLOrI'. Sit,
Dcfcndant
: IN TilE ('OlmT OF (,0:0.1:0.10:-': I'I.EAS OF
: ('( JMIII~I{LAND ('OIINTY,PENNSYLVANIA
: NO, lJX. {. f..J ('
CIVIl. TERM
: PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR PROTECTION FROM ABUSE
COUNT I
I. The Plaintifls are DA WN RANA MEU.O!T and JASON :,1ARLlN MELLO'IT, JR,
2, This Petiti'lIl is filed hy DAWN RANA MEI.LOTT. "'r hersdfand on hehalfofhcr
minor child. JASON MARLIN MELLOr!'. JR.. 4 ycars old,
3. The persons who seek protection fr.l\n ahusc arc Plaintiffs. Dawn Rana Mdloll. <111(1 hCI
minor child, Jason Marlin Mellott, Jr,
4, Plaintifl's pcnnanent address is 154B Wesll'cnn Street, Carlisle. Cumherland County.
Pennsylvania 17013, Plaintiffs arc tcmporarily residing at 15613 Wcst Penn Street, Carlisle,
Cumherland County, Pcnnsylvania 17013. IiII' their protection and to avoid further abuse,
5, Dcfendant currenlly resides at 1548 WeslPenn Street, Carlisle, Cumherland County,
Pcnnsylvania 17013,
Dcfendant's Social Sccurity Numbcr is 164-66-0347,
Defcndant's datc of birth is 03/30/73,
Dcfcndant's plaec of cmploymcnt IS Pizza Hut, 819 East High Strect, Carlislc,
Cumberland County, Pcnnsylvania,
6, Defcndant is Plainti frs hushand and the lilthcr orthc partics' minor child, Jason Marlin
Mcllott, Jr,
7, Defendant has becn involvcd in the following criminal court action: Defcndant was
convictcd of burglary, thcll by dcecption, hrcaking and cntcring and scrvcd approximately I y, years
in Cumberland County Prison,
2) Defendant has shllwn by his abuse of Plaintiff and child Ihat he
is nol an appropriate rule mOllell.,r the minor child,
3)_ Delemlant 's behavior has mlvcrsely aflecled the c1HI~,
II, The t'lclS Ilf the most recent incident of abuse arc as t.,\lIlWS:
Aporoximate Date: On or aboul Nllvember 30. IlJ9H
Place: I 561l West Penn Street. Carlisle, Cumberland County. Pennsyl\'ania. the home
Ilf Plaintiffs friend where she and thc parties' minor child arc temporarily
residing tll a\'oid furthcr ahuse Irom Defcndant.
On or about Nllvcmbcr 30, 199H, Detendant approached PlaintilToutside her neighbor's
home, pokcd her in the neck with his lingcr. and threatcned her saying. "You're done,"
When Plainti IT went into her neighbor's homc ami came hack outside. shc iUund Ihat
Defendant had thrown her clothing and her minor child's c1llthing on the porch of her
neighbor's home,
12, Dctendant has committed the I.,\lowing prior acts Ilf abuse againstl'IaintifLIIld1or the
minor child:
alan or about No\'cmhcr 23. 19lJH. Dcfendant approached Plaintifl~ grabhed her
by the ann. dcmandcd Ihat she return hllmc with him. causing her ann to be
scratched with his keys as she tried to get away fro11l him..
b) On or about November 17. 19lJR. Defendant hitl'laintiff in thc nose with his
hand, and when she asked him to leave, he jerked the chair she was sitting on out
from under her and threw it down the stairs, As Plaintiff tried 10 ca\lthe police
for help, Delendant yanked the telephone cord Irom the wall, threw the
telephone hitting the parties' 4-year old son. Jason, Jr., in the head, and threw
several pieces of furniture down the stairs as a caseworker from Cumberland
County Children and Youth Services arrived to interview the parties. Defendant
became belligerent with the casework cr. and threatened to ki\l Plaintiff, causing
both women to fear for their salety and Icave the house. The Plaintiff had p'lin
and soreness and the child had pain and redness on the side of his face as a result
of this injury,
c) On or about November 13, IlJ9R. Defendant broke Plaintiffs pictures and their
son's toys, ripped artieles of their clotbing, and struck the wa\ls with his hands
repeatedly bloodying the wa\ls,
d) On or about November 11, 1998, Plaintiff and her minor child, fearing for their
safety, moved to a neighbor's home after Defendant threatened them saying, "If
I calch you and the child on the streel, I'll hil you," and "I'm tired ofsupportin[.\
youlwo; I might as \Veil kill you hoth and get it over wilh,
c) On or ahoul Novemhcr 10, 1998, Delendantluld Plaintiffin Ihe presence ofthcir
child to "get out" and take her hastard son, -
t) Onm ahout Novemhcr9, 1998, Delendant shoved Plaintiffahout, and when she
lell onto the hed, he straddled her, pinned her down, threlllened to kill her and
their sun. When their son entered the f(lom,Plaintifftuld the child 10 leave the
fUum, and aller he lell, Delendanl held a knife toPlaintifrs lilee, threatened to
cui her if she did n(l( d(l what he wlIllled, and I(Jreed her 10 have sex with him.
g) On or ahout November 8, 1998, Delendant yelled at Plaintiff and their son,
pulled frozen food out of the Ireezer, and threw it hitting PlaintilTand the child
with it.
h) On or ahout Novemher 7, 1998, Dclendant pushed theehair Plaiutiffwas sitting
on causing her to fall to the floor and the chair to litll onto her. When the
parties' 4-year old sun told Defendant to stop hitting his mommy. Delendant
slapped the child in the lilee. yelled at him to "shut the hell up." and told him not
to talk to him like that. The child was traumatized hy the inddent.
i) On or ahout Novemher 6. 1998. Delendant pushed PlaintilThy her shoulders.
shoved her against the wall. and punched her in the chest. Plainti!'!' sustained
redness ami soreness ahout her chest as a result of this incident.
j) On or ahout Octo her 23, 1998. Delendant slapped Plaintiff on the mouth,
k) On or ahout October 22. 1998, Delendant kicked Plaintiff on the leg, and in
front of their child, drove the car up onto the curb toward Plaintiff narrowly
missing her,
I) On or about October 19, 1998, Defendant grabbed Plaintiff's mouth, squeezed
and twisted her face, and told her to shut up or he would kill her, Fearing for
their safety, Plaintiff took her son in the bedroom with her, locked the door, and
remained there for the night.
m) On or ahout October 16, 1998, Dclendant threw the stereo at Plaintiff causing
her to have to move to avoid being struck by it.
n) On orabout October 13.1998, Delendant, who was supposed to take the parties'
child out for the evening, instead demanded, in the presence of their child, that
Plaintiffhavescx with him, When Plaintiff refused and told Defendant to leave,
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he heeilllle angry, look Iheehihl's hackp.lek Irom him. threw it althe hoy hilling
him on the chest with il,and yclkd althe child, "Foek you and go to hell!" "I'm
not taking you anywhere," The child was tmumali/ed hy Ihis incident.
0)
On or:lhout OCloherJ, II)I)X, Defendant elhowed the parties' 4.year old son in
the lIlouth hlollllying his lip, slruck PlaintilT on the nose with his ann bloodying
her nose, and yelled al her saying. "You fucking hitch!" "Give lIle my money
or I'll kill you!" When Phlil1lifflried to telephone 911 I('r help, Defemhml
grahhed Ihe telephone receiver Irmn her ami threw it and tll(~ hase of Ihe
telephone againslthe wall. Plaintilrs neighhors telephoned the police for help,
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p} In or ahoutlate September 1l}l}7, J'laimifJ: who was taking a shower. heard Ihe
parties' son scream, got oUI of the shower, and f(llIllllthe hoy crying, with red
marks ahout his neck, ami melted ehecse smeared on the side of his lace, The
child lold PlaintilTlhat Defendant had choked him. and smashcd his face in his
cheesehurger because he told Ikfendant he eUllhe sandwich pieces 100 hig,
q)
In or ahout sununer 1<)97. Defendanl shoved Plainti IT onto the bcd, pinncd her
down, held a pillow over her laec. ripped her nightgown and panties on: and
holding a loaded handgun at her head, Ihreatened Plaiotiff saying. "Go ahead,
Fuck with me," Plainlifffeared Dctcndanl was going to kill her,
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In or about summer 191)4. Delcndantpunehcd Plaintiff in the lace, Plaintiff
sustained swelling and soreness ahout her jaw as a result of this incident.
s)
During Plaintin's pregnancy with their child (Septemher 1993 through May
1994) Defendant was angry with her, accused her of selling him up, back-
handed her across the lace on scveral occasions, shovcd her about, grabbed her
face and twisted and squeezed it, told her he wished the haby was dead that he
wished Ihe child would be stillborn. and several times while they lay in bed
together, Dcfendant used his leg 10 loreibly move the hahy about in Plaintiffs
belly despite hcr protests,
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t) Since approximately September 1993. Defendant has abused Plaintiff in ways
including, but not limited to, shoving, grabbing, slapping, punching, kicking,
choking, throwing objects such as a stereo, frozen food at her, restraining her by
pinning her down, controlling hcr hy withholding moncy Irom her, restricting
her socializing with friends and family members, intimidating her, threatening
to hit her, and threatening to kill her. In addition, Defendant has abused the
parties' 4-yearold son, Jason, Jr,. in ways including, but not limited to, spanking
the child in his crib when he was a 2-week-old inlant because he had colic and
cried 100 much, beating lhe boy about his buttocks and legs causing bruising
about his legs, choking the child leaving red marks about his neck, slapping him
F, ('rohihit Defendant Ihlln having any col1lacl with Plainti fl's relatives and
Plaintifl's child listed inlhis Petition.
G. Onkr Dclendant to temporarily lum ovcr weapons 10 the ShcritTofthis County
and prohibit Defcndant from transfcrring, acquiring or possessing any such weapons for
the duration of the Order,
II. Order lJefendantto pay temporary support for PlaintilT and the minor child,
including medical support and payment of the rent on the residence.
I. Direct Defendant to pay Plaintiff I;,r the reasonahle tinanciallosses suffered as
a resull of the ahuse, to he detennined at the hearing,
J. Order Defendant to pay the costs of this action. including tiling and service fees.
K, Order Defendant 10 reimhurse Cumberland County, a Legal Services funding
source, S250,OO f(lr the value of the legal services provided to Plail1li IT li,r the cost of
litigating this case if the case goes 10 hearing,
1.. Order the li,lIowing additional relief: notlisled ahove:
The Detendant is required to relinquish to the sheriff any tireanll license
Defendant may possess. Dclcndant's weapons and tireanll license may he
rclUmcd at the expiration of the Protcetion Order OIlier Delendant has suhmilled
a wrillen request to Ihe Court li,r the retum of the weapons and the Court has
notitied Plaintiffofthe request and given PlaintitTan opportunity to respond,
The Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff,
The Delendant is to relrain Irom harassing Plaintitrs relatives or the minor
child,
M, Grant such olher relief as the court deems appropriate.
N. 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, The Petitioner will
inlonn the designated authority of any addresses, other than Defendant's residence,
where Defendant ean be served,
COUNT II
CUSTODY UNDEI~ I'ENNSYLVANIA CUSTODY LAW
18, Thc allegations of Count 1 <lhove <Ire ineorpor<lted herein <IS i r fully set f(lrth.
19, The hest interest <lnd penl1<1ncllt \Vel Iilre orlhe minor child will he served hy conlinning
custody in PI<lintiff<ls set ")rth in p<lragmph 10 of the pelition.
WHEREFORE. pursuant to 23 1'<I,C.S.* 5301 et. Sell.. and other <lpplicahle rules <llId law,
Plaintiff prays this Honomh1e Court to award custody orthe minor child to hcr.
Datc:
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Ry~pectlilily suhmilled.
,( !:",,,J ~,: (
o,u; C<lrcy, Allorney lill' ll<lintiffs
LEGAL SERVICES. INC,
X Irvinc Row
Carlisle, P A 17013
(717) 243-9400
VERI FICA TION
I verify Ihal I all1 Ihe Pelilioner as designaled in the present aClion and thai Ihe facts and
statements contained in the-above Petition are true and correct to the best of my Iffiowlcdge I
undcrstand Ihat any lillsc statcments arc ntadc subjc<:t to the pcnaltics of III I'a C.S, ~4904,
relating to unsworn falsification to authorities
Dated: J.l.:.2,o -'18
.:~)y~__rD.tQQcJz:;,
Da\\lI Rani! :\lclloll. Phlinlin'
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CASE N.HlER J.t..J... ~ ) :;
NAME 1(1 '~f\"" r<\~,-d\IJ [f\d\ul.Jjr:-..,
1')1/ 15 rltiL:.:.L,U,:,-,\'L_r,L,u:,L
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BALANCE DUE: $ J'.lbL..'::-~__
170
171
260
207
204
502
STATE SURCHARGE
STATE FINE
SHERIFF COST ($1.50 . ADDTL)
DISTRICT ATTORNEY
COURT COSTS (CLERK OF COURTS)
RESTITUTION
NAME flllf\\)('1 \~
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ADDRESS r "
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NAME
ADDRESS
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VICTIM'S NAME:
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ADD DELE'fE
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$ 15.00 $
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PROTHONOTARY OFFICE "
PERSON CERTJFYING INFORMATION"-> 11,. i);A J \)
DATE 17- /,.. .. 9 9
,
DAWN MELLOTT,
1'1.. 1111 I! f
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
~fl.GH2S CIVIL
,JAS'.'N r~ELl ,o>TT.
j),.f "Ild,llll
CIlAI<GE: INDIRECT CRHIINAL
CONTEMPT
IN RE:
INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, June 9, 1999, 11:10 a.m., Jason Mellott,
l1..villq dppeal'ed in open court together with personal
COUIU1(,,j, Marcus A. McKnight, III, Esquire, on a petition
,111(,giIlCl indirect criminal contempt of our PFA order of
December 24, 1998, and the defendant having admitted the
allegation, we do find the petition to be supported beyond a
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reasonable doubt and we do find the defendant to be in
contempt of court.
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Having heard from counsel that the divorce proceedings
between the parties are winding up, and the car in question
will become the property of Mr, Mellott, sentence of the
to the use of the County of Cumberland, and that he shall be
court is that the defendant shall pay any costs associated
with this proceeding, that he shall pay the sum of $200.00
placed in the Intermediate Punishment Program for a period
of six months conditioned upon him obeying the conditions of
,;
our PFA order in this case, The court has taken into
\
DAWN MELLOTT,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
JASON MELLOTT,
Defendant
98-6825 CIVIL
PROTECTION FROM ABUSE
IN RE: INDIRECT CONTEMPT
ORDER OF COURT
AND NOW, December 11, 1998, 3:10 p,m., the matter
having been called for hearing on the indirect civil contempt
charge, and the defendant having admitted the allegations of the
petition in that he did make a telephone call to the victim, in
violation of our prior order, we do find the defendant to be in
contempt of court. Sentence of the court is that the defendant
pay any costs associated with this proceeding and that he be
placed in the Intermediate Punishment Program for a period of
six months conditioned upon him obeying the conditions as
specified in our temporary Protection from Abuse order entered
December 3, 1998,
By the Court,
P.J.
Jonathan R. Birbeck, Esquire
chief Deputy District Attorney
, n.( p,/IS-}1S', .,..
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Daniel DeArment, Esquire
For the Defendant
Probation Office
Sheriff
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Legal services, Inc,
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"A WN ({ANA MI:Ll.Orr.
For hersclfarllllln hehalfllfhcr lIIinor ,'hil<lml:
JASON MARLIN MELLOTT, jR,. an<l
ANDREW I>A VJIl MELLOTT,
I'laintin'
Vs.
JASON MARLIN MELLOrI'. SR,.
Defendant
: In 1/". ('(II11'IIlI'('(Innnonl'lcas Ill'
: ('lIMII"'{I.ANI> (\lllllly. I'l'llIlsylvania
II"
: Nil, (12. I f .~ -J '\ Civil Term
: Protection Frolll Ahuse ,1I1d Custody
NOTICE OF HEARING AND ORDER
YOU J/A VE BEEN SUED IN COUnT, If you wish 10 dc/end against the claims sel forth in thc
following papers, you must appear at the hearing scheduled herein. If you fail to do so, the easc may
proceed against you and a FINAL Order may bc entercd against you granting the relicI' rcqucsted in thc
Petition. In particular, you may bc evicted from your rcsidence and lose other important rights.
"
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A hearing on this matter is scheduled on Ihe ~ day of May, 2002, al ~\ ,'-3(;; J7';m., in
Courtroom No,....:l. on Ihe 4th Floor of the Cumberland Counly Courthouse. 1 Courthouse Square,
Carlisle, Pennsylvania,
You MUST obey the Order that is attached until it is modified ortenninated by the court afiernotiec
and hearing, (I' you disobey this Order, the policc may arrest you. Violation of this Order may subject you
to a charge of indircct criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six
months injail under 23 Pa,C.S, ~6114. Violation may also subject you to prosecution and criminal penaltics
under the Pennsylvania Crimes Code, Under fcderal law, 18 U.S.c. ~2265, this Order is cnforeeablc
anywhere in the Unitcd Statcs, tribal lands, U.S. Tcrritorics and thc Commonwealth of Puerto Rico. Jfyou
travel outsidc of thc state and intentionally violate this Order, you may be subject to federal criminal
proceedings under the Violence Against Women Act. 18 U,S,C. ~ 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer represent
you at the hearing. The eourt will not, however, appoint a lawyer for you, ffyou 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, If
you cannot find a lawyer, you may have to proceed without one,
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty A venue, 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 infonnation 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.
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2. Exccpt for such contact with the minor childlren as may he pcnnined under
paragrnph 4 of this Order. Defendanl is prohibited from having ANY CONT,\CT
with Plainliff. or any olher person protected under this Order. at any location.
including but not limited to any conWct at Plaintiffs school. business, or place of
employment. Defendant is specifically ordered to stay away from the following
locations for the duration of this order.
Plalnllfrs current residence as listed below, and any other residence where
she may stay for the duration of this Order,
School of Jason Marlin Mellott, Jr,
Plainfield Elementary
7 Springview Road
Carlisle, PA 17013
3. Except for such contact with the minor child/ren as may be permitted under
paragraph 4 of this Order. Defendant shall not contact Plaintiff, or any other
person protected under this Order, by telephone or by any other means, including
through third persons.
4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded
temporary custody of the foliowing minor child/ren:
I. Jason Marlin Mellott Jr,
2. Andrew David Mellott
Until the final hearing, all contact between Defendant and the child/ren shali be
limited to the foliowing:
Defendant's eontaet with the parties' minor children shall be suspended
pending further Order after the hearing scheduled in this case,
The local law enforcement agency in the jurisdiction where the child/ren are
located shali ensure that the child/ren are placed in the care and control of the
Plaintiffin accordance with the terms of this Order.
5. Defendant shali immediately relinquish any firearms license the Defendant may
possess, and the foliowing weapons to the Sheriffs Office or a designated local
law enforcement agency for delivery to the Sheriffs Office,
I. any and all firearms and/or weapons, including, but not
limited to:
, hunting knives
3, handguns.
4, rines,
5, shotguns,
6, and bows and arrows.
Defendant is prohibited from possessing. transferring or acquiring any other
fireanns license or weapons for the duration of this order,
6. The following additional relief is granted:
Defendant Is ordered to refrain from harassing Plaintifrs relatives,
Defendant is enjoined from damal:ing or destroying any property joint1~.
owned by the parties or owned solely by Plaintiff.
7, A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Carlisle Police Department
8. The sheriff, police or other law enforcement agencies arc directed to serve the
Defendant with a eopy of the Petition, any Order issued, and the Order for
Hearing without prepayment of costs. The Petitioner will inform the designated
authority of any addresses, other than the Defendant's residence, where Defendant
can be served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
9, THIS ORDER SUPERSEDES
ANY PRIOR PFA ORDER
10. THiS ORDER APPLiES IMMEDiATELY TO DEFENDANT AND SHALL
REMAiN IN EFFECT UNTIL NOVEMBER 24, 2003 OR UNTIL
OTHERWISE MODiFIED OR TERMINATED BY THIS COURT AFTER
NOTICE AND HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereh)' nlllified thai \ illlalilln lit' Ihi, Order mOl)' resull in arrest for
indirect criminal conlcmpt, which IS punIShable hy ,I line of UJl to S I,O()O,()O andior
up to six 1110nlhs in jail. 231',1.C.S, *6114, Consent of the Plaintiff to Defendanl'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 thaI purpose. 23 Pa,C.S.
96113, 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 lhe Violence Against WOl11cn Acl, 18 U.S,c. **2261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction ovcr thc plaintiffs
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs I through 5 of this
Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An
arrest for violation of this Order may be made without warrant, based solcly 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 Sheriffs office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weaponls are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
Judge
~
Distribution to:
Joan Carey, Attorney for Plaintiff ' ,
MIDPENN LEGAL SERVICES C'f'uk III pI. ~
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400 or 800-822-5288
Faxed & Mailed to PSP
('/' ~ IIIF/. s 5..2I',O.i..
Lf-'
Ph\!> :o.:ulI1hcr: JVI4711S211
Dawn Rana Mcllon, Jason M,ulin Mcllun Jr..
Anurcw Da\'id Mcllon
: IN TI IE COURT OF
: COMMO:o.: PLEAS 01-
: CUMBERLAND COUNTY,
: PENNSYLV/\NIA
PlaintilT
v.
: No. fj / I; ~ '.j S
Jason Marlin Mellon Sr.
: CIVIL ACTION. LA W
: PROTECTION FROM ABUSE
: AND CUSTODY
,
Defendant
PETITION FOR PROTECTION FROM ABUSE
1. Plaintill's name is:
Dawn Rana Mellott
2. I, (the Plaintiff), am filing this Petition on behalf of:
. myself
. and as Parent of minor Plaint/ff(s)
3. Name(s) of ALL person(s), including minor children, who seck protection from abuse.
a. Dawn Rana Mellott
b. Jason Marlin Mellott Jr,
e. Andrew David Mellott
4, PlaintiCfs address is
confidential
5. DeCendant's Name is:
':1:,:,
I",
',';.'"''
, ,
i
, I
On or about Mny 14, 2002,I'Ialnllffnnd her friend were shopping nllhe Wels Morketsln
Cnrlble. Defendont entered the store with his girlfriend and ~'elled, "There Is Ihot f-Ing bileh"
ond Ihreotened to kick the plolnlifrs 055, I)efendnnt further thrcated thot Plolntiff would end up
o "dead bllch", Ploinliff fled Ihe store In feor.
20, Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren,
(including any threats, injuries, or incidents of stalking) arc as follows:
On or about May 10, 2002, Defendont threotened Plalnt/ffby soylng he was going 10 kick her
oss, Defendont further threatened that he hod access to 0 gun and would use it to blow her heod
off,
On or about Moy 6, 2002, Plaintiff and Defendant were at a support conference at Domestic
Relotions In Carlisle, Defendant Ihreatened that he "hopes Ihe plaintifrs cervical coneer kills
her becouse ifit doesn't, he will."
On or about March 31, 2002, Defendant slammed Plaintiff Into a chair, Plaintiff fled the
residence and tried to get Into 0 parked car, Defendont slammed Plaintifrs hand In Ihe ear door
while she was holding Andrew, Defendant also slapped Plaintiff. As a rcsuil of this Incident,
Plolntifrs hond was bruised and swollen for severo I weeks, Both children were troumotized by
this incident.
On or about Moreh 18, 2002, Defendant choked Plaintiff until she \Vas nearly unconscious,
Defendant punched Plointlff and threatened that he hated her, and he threatened, "Killing you
\Vould be cheoper than a divorce", As a result of the choking and punching, red marks \Vere
evident on various ports of her body, Defendant jumped on Plaintifrs back ond caused her to
fall onto a bed,
A pattern of abuse has emerged since Defendant and Plaintiff separated, Defendant threatens
Plaintiff bodily harm to Plaintiff daily, typically by telephone. Plaintiff has had to change her
telephone number four times because of the threats, Defendant has made threats such as the
following: "I'll blow your f-n head ofr', "Don't make me come over there", "1'1/ beat you", "1'1/
ram the car into you", Defendant has tried to ram Plaintifrs car off the road or Into another
lane of traffic on two occasions.
21. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the
minor child/ren:
a. an)' and nil firearms lind/or wcapons. Includlnll. hul nOlllmlll'd 10:
b, huntlnll knh'es
c. handguns.
d. rines,
e. shotguns.
f. and bows and arrows.
22, The police depllrtment(s) or law enforcement agencies that should he provided with a copy of the
protection order arc:
Carlisle Pollee Department
23. There is an immediale and present danger of further abuse from the Defendant.
24. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE
FOLLOWING:
a. Restrain Defendant from abusing, threateninF, harassing, or stalking Plaintiff and/or
minor ehild/ren in any place where Plaintiff may be found.
b. Award Plaintiff temporary custody of the minor ehild/ren and place the following
restrictions on contact between Defendant and child/ren:
Defendant's contact with the parties' minor children shall be suspended
pending further Order after the hearing scheduled in this case.
e. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren,
either in person, by telephone, or in writing, personally or through third persons,
ineluding but not limited to any contact at Plaintiffs school, business, or place of
employment, except as the court may find necessary with respect to partial custody
and/or visitation with the minor child/ren.
d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs
children listed in this petition, except as the court may find necessary with respect
to partial custody andlor visitation with the minor child/ren.
e. 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.
f. Order Defendant to pay the costs of this action, including filing and service fees.
.
g, Order the following additional relief, not listed above:
Order Defendant to refrain from harassing Plaintiffs relatives,
1M WN RANA MELLOIT
For hersdf and on hehalf of hcr
minor children:
JASON MARLIN MELLOT, JR..
Plaintiff
IN TIlE COllin OF COMMON PLEAS OF
('II~JI\I;I{I,AND (.tHINIY. PENNSYLVANIA
Nt), lJll-61125
\'.
JASON MARLIN MELLOTT, SR..
Defendant
PROTECTION FROM ABUSE AND CUSTODY
CIWSS I'ETITION FOIll'lWTECTION FROM ABIISE
AND NOW, comes Delendanl. Jason Marlin Mellott. Sr.. hy and through his privately
retained eounsd Karl E. Rominger. Esquire and liles this Cross Petition for Protection From
Ahuse hy Dawn Rana Mellott and avers as ")Ilows:
I. The Biographical information contained in withinPlaintilrs Pctition is adopted as if
fully set out herein.
2. Plaintiff. Duwn Rami Mellott. has engaged in vurious acts ofahuse against Defendant.
Juson Marlin Mellott. Sr.
3. Thc fuets of the most reecnt uhuse arc us follows:
(a) On or about Murch 18.2002. Plaintiff attacked Defendant.
(b) In the past PluintilThas threatened Defendant with serious bodily haml, hilS
attempted to run Defendant's automohile ofT the road. and has threatencd Defendunt's paramour.
4, For the reasons set forth ahove Defendant rcqucst that the Court enter a Final Order
that would the following:
(a) Restrain Plaintiff from ahusing. threatening or hurassing or stalking Defendant
and/or anyone with him at any place where Delendantmay he found. Prohibit Pluintiff from
haling IIny contact Ilith Ikli:nd.mt. either in p~Nln. hy tekphone. or in writing. personally or
Ihowllgh third parties, including hut not limited to any eonta~t thai I>elendant's school. husiness
or place of employment. exeepl liS the Court may tind n~eessary with respect to partial custody
lind/or visitation with the minor children.
(h). ProhihilPlaintiff Ihlln hllving any eOlllael with Ilelendant's relatives and
Defendant's children listed in this Petilion exeepl as the ('ourtmay tind necessal)' Ilith respeello
partial cnslod)' and/or visiWtion of the minor children.
(C). Order PlaintilTto pay the cost of this action including tiling and service Ices and the
costs and services rendered hy Rominger and Bayley La\\' Ol1iees in conjunction herein.
Respectfully submitted.
ROMINGER & HAYLEY
.~
.--
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Suprcme Court ID # 111924
Attorney for Dcfendant
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SHERIFF'S RETURN - REGULAR
CASE NO: 1998.0G82S P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MELLOTT DAWN RANA ET AI.
VS
MELLOTT JASON MARLIN SR
CPL, MICHAEL BARRICK
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
MELLOTT JASON MARLIN SR
the
DEFENDANT
, at 1323:00 HOURS, on the 29th day of May
, 2002
at 5 FAIRFIELD ST
NEWVILLE, PA 17241
by handing to
JASON M MELLOTT SR
a true and attested copy of PROTECTION FROM ABUSE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
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:
18.00
8.28
.00
10.00
.00
36.28
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R. Thomas Kline
OS/29/2002
LEGAL SERVICES
Sworn and Subscribed to before
"/J.
/
By:
me this .3,u{
day of
;'
qr~,:!- .;Lao.,L, A. D.
C)".f<- () )}'VjiJ.." <-eN/,~
I Prothonotary
\
i':.,
DA\\'~ HANA ~lELLOTl.
Fllr herself ,lI1d IIn hehalf III' her
minllrehildrcn:
J,\SON ~I"/{/,/N ~II'.LLO IT..IR..
anJANDRl.\\' DAVID MELLon
l'laintiff
1:'\ IIII'. ('( ll'R I oFt 'o~I~ION PLEAS 01.
t'l:~ll1l.m,":'\1l COI ':'-o:IY, PENNSYLVANIA
:'\0, 'IX.('1l25
v.
JASON MARI.IN MI'.LLOIT, SR..
Delendant
PROJ HTION F1W~l A III iSI'. AND Cl :STODY
~ ORI
AND NOW. this ~ day III'
.2002. in ellnsidl'mtion 111' the
within Motillnl(Jr Continuance onPF A 1 fearing. the hearing previously scheduled I()f June 5,
2002, at 9:30a .m. has heen rescheduled I()r the 5th day of August. 2002. at I :30 p.m. in
Courtroom /I 2. inlhll1t of .Iudgc Holler. at the Cumherland County Courthouse in Carlisle.
Pennsylvania, The Temporary Protcetion From Ahuse Ordcr of May 28. 2002. shall remain in
fiJlIl(Jrec and efleet pending filrther Order of Coun or eighteen months whichever is sooner.
.I.
Distribution:
~.
Karl E. Rominger. Esquire
- e~<>--~,L (,{'I !O;:L.
.<!:.p.
Joan Carey. Esquire
MidPcnn Legal Services
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LAW OFFICES
717.241.6070 . 800.734.2132 . FAX: 717.241.6878
ADVOCACY - ADVICE - ANSWERS
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law@romingerlaw,com
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L:AW OF.FICES
717.241.6070.800.734,2132' FAX: 717.241.6878
ADVOCACY - ADVICE - ANSWERS
!Jw@romingcrlaw.com
www.romingerlaw.com
I>awn Hana Ml'iloll,
Jilson Matlin Melloll, Jr..
Andrcw David Melloll,
Plaintill'
: IN TIll: COllin OF COMMoN !'l.EAS OF
: CUMflEHLANI> COUNTY, !'ENNSYL VANIA
\'S,
: NO, lJll.61l25 CIVIL TERM
Jason M:lrlin Melloll, Sr"
Delendant : PROTECTION FROM AflUSE
,tRDER OF COURT
AND NOW, tl~ d:lY of August. 2002. upon eonsidenllion of the all:lehed Petition,
the Temporary Protection From Abuse Order in the :lhove-eilptioned case entered on May 28,
2002, is hereby v:leated :lnd the action withdrawn without prejudice to Plaintin:
A certified copy of this Order shllll he provided to the Police Departmcnt by Plaintiffs
allorney.
Joan Carey
AlIorney for Plaintiff
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
) C.
/Q'14"llt-l \It ~V" L.L
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Karl Rominger
AlIorney for Defcndant
Rominger & Bayley
155 South Hanover Strect
Carlisle, P A 17013
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O.HCE 01' TIlE PROTIIO:-:OTARY
CUMBERLA.'1D COUXTY COL"RTHOUSE
OKE COURTHOUSE SQUARE
CARLISLE, PA )7013.3387
(717)240-6195
FAX (717) 240 - 6573
VIA TELECOPIER
TO:
PA STATE POLICE - CENTRAL PROCESSING
MIDPENN LEGAL SERVICES
FAX #
FROM:
CURTIS R. LO:'lG
FAXING A PFA
RE:
MESSAGE:
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