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DONNA MICIIELE BLUM,
Plainlil1'
IN TIlE COURT OF COMMON PLEAS OF
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CUMBERLAND COUNTY, PENNSYLVANIA
NO, 98--'1L3_ CIVIL TERM
DOUGLAS JOSEP" SCLAFANI,
Defendanl
PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION ORDER
AND NOW, Ihis 2nd day of March. 1998, upon presenlation and consideration of Ihe
wilhin Petilion, and upon finding Ihal Ihe plaintil1: Donna Michele Blum, now residing al 220
Plum Slreel, Lemoyne, Cumberland Counly. Pennsylvania. is in immediale and present danger of
abuse from the defendant, Douglas Joseph Selafani, the following Temporary Order is entered,
The defendant. Douglas Joseph Selafani (SSN: 065-68-8756)(DOB: 4/25/68), now
residing at 30 Alfi'ed Drive, Lewisberry, York County. Pennsylvania, is hereby enjoined from
physically abusing Ihe plaintil1: Donna Michele Blum, or from placing her in fear of abuse,
The defendant is ordered 10 Slay away Irom the plainlill's residence located al 220 Plum
Street. Lemoyne. Cumberland Counly. Pennsylvania. a residence which is leased by Ihe plainlifT;
and is ordered 10 stay away from any residence Ihe plainlifT may in Ihe future eSlablish for herself.
The defendant is ordered to refrain from having any direcl or indirecl contact wilh Ihe
plainlifi'including, but nOllimited to, telephone and written communications,
The defendanl is enjoined from harassing and slalking Ihe plaint ill- and from harassing her
relalives,
The defendant is enjoined from entering Ihe plainlil1's place of employment and Ihe day
care facilily oflhe parties' minor child,
The defcndanl is enjoined from damaging or destroying any property owned by Ihe
plainlil1:
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A viollllion of Ihis Order mllY subjecl Ihe defendllnl 10: i) lIrresl under 23 PlI.C.S.
~6113; ii) 1I11rivlIte criminal complainlunder 23 l'lI.C.S, ~6113.1; iii) II charge of indirecl
criminlll conlemplunder 23 PlI.C.S. ~6114, punishable by imprisonment up 10 six monlhs
and a line 01'$100.00-$1,000.00; and iv) civil conlemplunder 23 Pa.C.S. ~6114.1.
This Order shall remain in ellect until modified or lerminaled by Ihe Court and can be
extended beyond its original expiralion dale iflhe Courl finds Ihat the defendanl has committed an
acl of abuse or has engaged in a pattern or practice thaI indicates risk of harm 10 the plaintiff.
Temporary cuslody of Jaquelyn Anne Sclaf.1ni, is hereby awarded 10 Ihe plainlilT, Donna
Michele Blum,
A HEARING SHALL BE fiELD ON nlls MATfER ON MARCfI t. ,1998,
AT ); 30 P .M., IN COURTROOM NO....:L. OF THE CUMBERLAND
COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA.
The plainlilT may proceed wilhoul pre-payment of fees pending a further order aner the
hearing,
The Cumberland Counly Sherill's Departmenl shall attempt to make service al Ihe
plaintill's requesl and without pre-payment of fees, but service may be accomplished under any
applicable rule of Civil Procedure,
This Order shall be docketed in Ihe ollice ofthe Prothonolary and forwarded 10 Ihe SherilT
for service, The Prothonotary shall nol send a copy of this Order 10 the defendanl by mail.
The West Shore Regional Police Departmenl shall be provided with a certified copy oflhis
Order by Ihe plaintill's attorney, This Order shall be enforced by any law enforcemenl agency
where a violalion occurs by arresl for indirect criminal conlempt wilhout warranl upon probable
cause Ihalthis Order has been violaled, whelher or not Ihe violation is committed in Ihe presence
oflhe police ollicer, [n Ihe evenllhat an arrest is made, under Ihis seclion. Ihe defendant shall be
laken wilhoul unnecessary delay before the court Ihat issued Ihe order, When Ihal court is
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DONNA MICHELE BLUM,
Plaintilr
IN TilE COURT OF COMMON Pl.EAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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NO, 98--111-'8.
CIVIL TERM
DOUGLAS JOSEI'll SCl.AFANI,
Defendanl
PROTECTION FROM ABUSE AND CUSTODY
NOTICE
You have been sued in court, If you wish to defend againsl Ihe claims set forth in the
following pages, you musl lake action promptly after Ihis Pelilion, Order and Notice arc served,
by appearing personally or by attorney at Ihe hearing scheduled by Ihe Court and presenling to Ihe
Court your defenses or objeclions 10 Ihe claims set forth against you, You arc warned Ihal if you
fail 10 do so Ihe Court may proceed wilhout you, and a judgmenl may be enlered against you by
the Court wilhout further notice for any money claimed in lhe Pelilion or for any olher claim or
relief requesled by Ihe plaintiff. You may lose money or properly or other righls importanl 10
you, Any Protection Order granted by II Court may be considered in any subsequent
domestic relations proceedings, including custody llctions.
FEES AND COSTS
If the case goes 10 hearing and Ihejudge grants a Proleelion Order, a surcharge of$25,OO
will be assessed againsl you. You may also be required 10 pay up to $250,00 10 reimburse one of
Legal Services, Inc,'s funding sources for Legal Services, Inc.'s represenlation oflhe plaintiff,
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You bave the right to be represented by counsel. You should take this paper to your
lawyer lit once. If you do not have a IlIwyer or cannot afford one, go to or telephone the
office set forth below to find out where you Clm get legal help.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249-3166 or TOLL FREE: 1-800-990-9 I 08
FAX: (717) 249-2663
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland Counly is required by law to comply wilh the
Americans wilh Disabilities Act of 1990, For information aboul accessible facilities and
reasonable accommodations available 10 disabled individuals having business before the court.
please eontael our otlice, All arrangemenls musl be made al least 72 hours prior 10 any hearing
or business before Ihe court,
DONNA MICHELE BLUM,
Plainlil1'
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
v,
NO, 98- II \ ~
CIVIL TERM
DOUGLAS JOSEI'll SCLAFANI,
Delcndant
PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR PROTECTION ORDER
AND CUSTODY
RELIEF UNDER TilE PROTECTION FROM ABUSE ACT
23 l'a,C.S. ~6101 et seq.
A. AIIUSE
I, The plaintill: Donna Michcle Blum, is nn ndult individual residing at 220 Plum
Slreel, Lemoyne. Cumberland County, Pennsylvania 17043,
2, The defend anI, Douglas Joseph Sclafani (SSN: 065-68-8756)(DOB: 4/25/68). is
an adult individual residing al 30 Alfred Drive. Lewisberry. Yark Counly. Pennsylvania, 17339,
3, The delcndanl is the father oflhe parties' minor daughter, Jaquclyn Anne Sclafani,
4 monlhs old, born Oclober 28, 1997,
4, Since approximalely August 1997, Ihe delcndanl has allempled 10 cause and has
intenlionally, knowingly, or recklessly caused bodily injury 10 Ihe plaintiff. placed her in
reasonable fear of imminenl serious bodily injury, and has knowingly engaged in a course of
conducl or repeatedly com milled acls loward the plainlilr which have placed her in reasonable
fear of bodily injury, This has included. bul is not limiled 10, Ihe following specific inslances of
abuse:
a) On or abOUI Febnmry 7, 1998, the defendanl came 10 Ihe plainlifrs
residence univiled, demnnded that she lalk 10 him, grabbed her by her hands, and
restrained her,
b) On or nbout Febnlllry 3, IlJlJll, the defendant argued with the plnintil1: and
when she told him to leave her residence, he kicked the Iront door wilh such force
thaI one of Ihe wooden pnnels broke oul of the door, slammed Ihe door, and
Ihreatened her saying, "Jusl be happy "m not in a hitting mood today," The
plaintifT feared lor her safety,
c) In or aboutlhe summer. 1997, when she was pregnant wilh Ihe defendanl's
child, he Ihrealened her saying. "'f I can'l have you, no one will," The plainlifT
fcared for her safely nnd Ihal of her unborn child,
d) The plainlifT had a six-month Protection Order against the defendanl in
Dauphin Counly from July II. 199610 January II, 1997, The defendanl violated
Ihe Prolection Order in August, 1997. was charged with Indirecl Criminal
Conlempl of Ihe Order. served 10 days in Dauphin County Prison. and fined
$500,00, The defendanl is currently on probalion in Dauphin and York Counties
on unrelated criminal charges,
5, The plainli/1' believes and therefore avers that she is in immediate and present
danger of abuse from the defendant and Ihat she is in need ofprolection from such abuse,
6, The plaintil1' desires Ihal Ihe defendanl be prohibited from having any direcl or
indirecl conI act with her including, but not limited to. lelephone and written communications,
7, The plainliff desires Ihallhe defendant be enjoined from harassing and slalking her,
and from harassing her relatives,
8, The plainliff desires Ihat Ihe defendant be reslrained from enlering her place of
employmenl and Ihe day care facility oflhe parties' minor child,
9, The plainliff desires Ihat Ihe defendant be enjoined from damaging or destroying
any property owned by Ihe plaintiff.
'~'
B. EXCLUSIVE POSSESSION
10, The apartmenl localed al 220 Plum Slreel, Lemoyne, Cumberland County,
Pennsylvania. !Tom which Ihe plainliff is asking the Court 10 order Ihe defendant to stay away is
renled in the name of Donna Michele Blum,
C. LOSSES AND REIMBURSEMENT FOR COST OF CASE
11. The plaintiff has suffered losses as a result of damages caused to her property by
the defendant during the incident on or about February 3. 1998. including, hut not limited to, the
losses listed on Ihe attached sheel marked Exhibit A.
12, The plaintiff asks Ihat the defendant be ordered 10 pay $250,00 to CUlllherland
County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating
this case, and that the defendant be assessed the $25,00 surcharge and any court costs if the case
goes 10 hearing,
D. TEMPORARY CUSTODY
13, The plaintiff seeks lemporary cuslody of the following minor child:
Name
Jaquelyn Anne Sclafani
Address
220 Plum Streel
Lemoyne, P A
The child was born out of wedlock,
Al!('
4 months old
DOB: October 28. I CJCJ7
The child is presently in the cuslody of the plaintiff, Donna Michele Blum, currently
residing at 220 Plum Slreet, Lemoyne. Cumberland County, Pennsylvania,
Since the child's birth she has resided with Ihe following persons and at the following
addresses:
Name
Plaintiff
Addr('ss
220 Plum Street
Lellloyne. I' A
Unt('s
Oetoher 28. 1l){J7
to the present
The plainlifi' is divorced,
The plainlifi'currenlly resides wilh Ihe parties' minor child, Jaquclyn Anne Sclafani.
The defendanl, Ihe father of Ihe child, is Douglas Joseph Sclafani, currenlly residing al 30
Alfred Drive. Lewisberry. York Counly, Pennsylvania,
He is single,
The plainlil1'has no knowledge of with whom Ihe defendant currenlly resides,
14, The plainliff has not previously participaled in any liligalion concerning custody of
the above mentioned child in this or any olher Court,
IS, The plainliff has no knowledge of any cuslody proceedings concerning this child
pending before a court in Ihis or any other jurisdiction,
16, The plaintiff does not know of any person nol a party 10 this aclion who has
physical cuslody of Ihe child or claims to have custody or visilalion rights wilh respect to the
child,
17, The best inleresls and permanent welfare oflhe minor child will be mel ifcuslody
is temporarily granled 10 the plainliff pending a hearing in this matter for reasons including:
a) The plainliff has provided for Ihe emolional and physical needs of
Ihe child since her birth and is a responsible parenl who can best take care
oflhe minor child,
b) The defendanl has shown by his abuse of the plaintiff that he is not
an appropriate role model for Ihe minor child,
WHEREFORE. pursuant to the provisions of the "Protection from Abuse Act" of October
7, 1976.23 P.S. ~6JOI el gm" as amended. the plainliffprays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the "Protection from Abuse
Act:"
I. Ordering the defendant to reli'lIinlhllnllhllsing the plllintill'lII' lium
placing her in fear of abuse,
2, Ordering the defendant to reli'lIin Ihlln hllving IIny lIireel or inllireet
conlacl wilh Ihe plaintin' including, hilt nut limitell Ill, tclellhone IInll
written communicalions,
3, Ordering Ihe defendant to reli'lIin Ihllll hlll'llssing IInll sllIlking the
plainliffand from harassing her rellltives,
4, Prohibiling Ihe defendant Irom entering the plllintill's plllce of
employment and Ihe day care facility of the Pllrties' minor chilli,
5, Prohibiling the defendant IrOlIl 1I11mllging or destroying IIny
property owned by the plainlin:
6, Ordering Ihe defendanl 10 stay aWIlY from the plllintifl's residence
localed al 220 Plum Street, Lemoyne. Cumberlllnd County, Pennsylvania,
and from any residence Ihe plainlill' may in the fillure establish Ihr herself:
7, Granting lemporary custody of Jaquelyn Anne Sclalimi, Ihe parties'
minor child, 10 Ihe plaintifl:
B. Schedule a hearing in IIccordllncc with the 'lrovisions of the
"Protection from Abuse Act," and, after such hCllring, cnter IIn ordcr to be in eITect for a
period of one year:
I. Ordering Ihe defendant to lelhtin from abusing the plaintin' or from
placing her in leal' of abuse,
2, Ordering the defendant to relrain from having any direcl or indirect
conlact with the plaintifl' including, but not limited 10, lelephone and
wriuen communications, except Ihr the limited purpose of facililaling
custody arrangements through a mutulllly agreed upon third party contact.
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3, Ordering Ihe delcndant to reli'ain Irom harassing and slalking Ihe
plaintilT and from harassing her relatives,
4, Prohibiting Ihe delcndanl Irom enlering the plaintin's place of
employment and Ihe day care facility oflhe parties' minor child,
5, Prohibiting the delcndanl from damaging or destroying any
property owned by the plainlitT.
6, Ordering Ihe defendanl to slay away from the plaintiffs residence
located at 220 Plum Streel. Lemoyne, Cumberland County. Pennsylvania,
and ordering Ihe defendant 10 stay away from any residence the plaintilT
may in the fulure establish for herself.
7, Ordering Ihe defendant 10 reimburse Ihe plainliffs out-of-pocket
losses sulTered as a result of damages caused to the plaintiff's property by
the defendanl during the incidenl on or about February 3, ] 998, including.
but not limiled 10. Ihe losses lisled on the attached sheet marked Exhibit A.
8, Ordering Ihe defendant to pay $250,00 to Cumberland County. one
of Legal Services, I nc.'s funding sources as reimbursement for Ihe cost of
litigating this case. and assessing the $25,00 surcharge and court cosls to
Ihe defendanl if Ihe case goes to hearing,
The plaintiff further asks Ihat this Pelilion be filed and served wilhout payment offees and
cosls by Ihe plainliff, pending a further order at Ihe hearing. and that a certified copy of this
Pelition and Order be delivered to the West Shore Regional Police Department which has
jurisdiclion to enforce Ihis Order,
The plainlilTprays for such olher relief as may bejusl and proper,
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
18, The allegalions of Co un I I above are incorporated herein as if fully set forth,
19, The besl interest and permanenl welfare of Ihe minor child will be served by
confirming custody in the plaintifi. as set forth in Paragraph 17 of Ihe Pelition,
WHEREFORE. pursuant 10 23 P,S, ~ 5301 et ~'. and other applicable rules and law. the
plaintiff prays Ihis Honorable Court to award custody of the minor child to her.
The plaintiff prays for such other relief as may be just and proper,
Respectfully submiued.
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle. P A 17013
(717) 243-9400
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DONNA MICHELE BI.UM.
Plllinlil1'
IN TIlE COURT OF COMMON PLEAS OF
v.
CUMBERI.AND COUNTY, PENNSYLVANIA
DOUGLAS JOSEPH SCLAFANI.
Defcndnnl
NO, 98-
CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
OUT-OF-POCKET LOSSES
The plainlifT requests Ihal the defendant reimburse her out-of-pockellosses, including bul
nOllimited to Ihe following:
Any and all cosls to replace and/or repair Ihe plaintitrs door damnged by the defendant
during the incident which occured on or about February 3. 1998,
$150,00
EXHIBIT A
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DONNA MICIIELE BI.UM.
Plllilllill'
IN TI IE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
DOUGLAS JOSEPII SCLAFANI,
Delcndllnl
NO,911-J Illl CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
ORDER FOR CONTINUANCE
AND NOW, lhis It' or March. 1998, upon consideration or Ihe allached MOlion lor
Conlinuance, Ihe mailer scheduled lor hearing on Friday, March 6, 1998, by this Courl's Order or
March 2, J 998. is hereby rescheduled lor hearing on Friday. March 20, 1998, at 2:00 p,m, in
Courtroom No, 4,
The Temporary Prolection Order shall remain in ellect for a period or one year or unlil
further Order orCourt,
A certified copy or this Order lor Continuance will be provided 10 Ihe West Shore
Regional Police Department by Ihe plaintill's allorney,
By the Court,
/Ii...
, Hess, Judge
Joan Carey
LEGAL SERVICES, INC.
AlIorney ror Plainliff
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DONNA MICHELE BLUM,
Plaint ill'
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 98-1118 CIVIL TERM
DOUGLAS JOSEPH SCLAFANI,
Defendanl
PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
The plainlilT, Donna Michele Blum, by and Ihrough her allorney. Joan Carey of Legal
Services, Inc., moves Ihe Court lor an Order rescheduling the hearing in Ihe above-captioned case
onlhe grounds Ihat:
I. A Temporary Proleclion Order was issued by this Court on March 2, 1998.
scheduling a hearing for Friday, March 6, 1998, at 2:00 p,m,
2, The Cumberland Counly Sheriffs Department depulized Ihe York Counly Sheriff's
Departmenl whose depulies allempted 10 serve the defendanl with a certified copy of the
Temporary Prolection Order and Pelition for Proleclion Order at his last known address. but
were told on March 5, 1998. by the resident at that address Ihat Ihe defendant had moved to 278
Easl Washinglon Streel. Chambersburg, Franklin County, Pennsylvania,
3, The plainlilT requests thaI Ihe hearing be rescheduled to facililale service of the
defendant in this maller,
4, The plaintilT requesls thaI the Temporary Prolection Order remain in elTect for a
period of one year or until further Order of Court.
5, A certified copy oflhe Order for Continuance will be delivered to the West Shore
Regional Police Department by Ihe allorney for Ihe plainlilT,
WHEREFORE, Ihe plainlilT requests Ihat Ihe Court granl this Molion and reschedule this
mailer for hearing, and thaI Ihe Temporary Proleclion Order remain in eftect for a period of one
Respectlitlly subl11illed.
U:GAL SERVICES, INC.
8 Irvine Row
Carlisle. PA 17013
(717) 243-9400
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DONNA MICHELE BLUM.
Plllintil1'
IN TIlE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS JOSEPH SCLAFANI.
Defendanl
NO, 98-1118 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
!,>>ROTECTION ORDER
AND NOW, Ihis ...ut"day of March, 1998, upon consideration of Ihe Consent Agreemenl
oflhe parties, Ihe following Order is entered:
I, The defendant, Douglas Joseph Sclafani. is enjoined from physically abusing Ihe
plainliff, Donna Michele Blum, or from placing her in fear of abuse,
2, The defendanl is enjoined from having any direcl or indirect contacl with Ihe
plaintiff including, bUI not Iimiled to, Ielephone and written communicalions, except for the
limiled purpose offacilitaling cUSlody arrangemenls,
3, The defendanl is ordered 10 refrain from harassing and stalking the plainliff and
from harassing her relalives,
4, The defendant is prohibited from entering the plainlitPs place of employment or Ihe
day care facilily oflhe minor child,
5, The defendanl is prohibited from damaging or destroying any property owned by
the plainliff.
6, The defendant is ordered 10 stay away from Ihe plaint ill's residence located al 220
Plum Slreel, Lemoyne, Cumberland County. Pennsylvania, and is ordered to slay away from any
residence Ihe plainlilfmay in the future establish for herself.
7, The defendant agrees 10 reimburse Ihe plaintitPs out-of-pocket losses of $150.00
suffered as a resull oflhe abuse including bul nOllimiled 10 the losses lisled on Ihe attached sheel
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marked Exhibit A. The delcndant agrees 10 commence payment of losses to the plainlif1' wilhin
seven (7) days of the enlry of the Proleclion Order in Ihe above-captioned matter, The lolal
amount of losses shall be reimbursed 10 Ihe plaintif1' wilhin 45 days of the entry of Ihe Protection
Order.
8, Court cosls and tees are waived,
9, This Order shall remain in ef1ccl for a period of one (I) year and can be extended
beyond Ihal time if the Court tinds thaI Ihe defendant has committed an acl of abuse or has
engaged in a pattern or practice Ihal indicales risk of harm to Ihe plainlif1~ This Order shall be
entorceable in Ihe same manner as the Court's prior Temporary Proleclion Order enlered in Ihis
case,
10, A violalion of Ihis Order may subjecl the defendanl 10: i) arrest under 23 Pa,C,S,
961] 3; ii) a private criminal complainl under 23 Pa,C.S, 96113,); iii) a charge of indirecl criminal
con tempI under 23 Pa,C,S, 96114. punishable by imprisonmenl up 10 six monlhs and a tine of
$100,00-$],000,00; and iv) civil conlempl under 23 Pa,C,S, 96114.1.
II, The Wesl Shore Regional Police Departmenl shall be provided wilh a certitied
copy of Ihis Order by Ihe plainlifl's attorney and may enforce this Order by arresl for indirect
criminal conlempt withoul warranl upon probable cause Ihat Ihis Order has been violaled,
whether or nol Ihe violalion is committed in Ihe presence of Ihe police officer, In Ihe evenl Ihat
an arrest is made under Ihis section, Ihe defendanl shall be taken wilhoul unnecessary delay before
Ihe court Ihat issued the order, When Ihat court is unavailable, Ihe defendant shall be laken
before Ihe appropriale dislrictjuslice, (23 Pa,C,S, 96113),
By Ihe Court,
4#---
Joan Carey. Attorney for Plaintiff
LEGAL SERVICES, INC.
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Douglas Joseph Sclafani, Defendant
Kevin A. Hess, Judge
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DONNA MICIIELE BLUM,
Plaintitl'
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 98-1118 CIVIL TERM
DOUGLAS JOSEI'll SCLAFANI,
Defendant
PROTECTION FROM ABUSE AND CUSTODY
CUSTODY ORDER
AND NOW, Ihis 1-3'" day of March. 1998. upon consideralion of the parties' Consent
Agreemenl, Ihe following Order is enlered wilh regard 10 cuslody of the parties' child, Jaquelyn
Anne Sclafani.
), The plainliff, hereinafter referred 10 as Ihe mOlher, shall have primary physical and
legal cuslody of Ihe child,
2, The defendant, hereinafter referred 10 as Ihe falher. shall have supervised visilation
with Ihe child in Ihe presence of the mol her on Monday each week from 2:00 p,m, unlil 3:00 p,m,
at Ihe Lemoyne Family Diner al 3rd Slreel and Hummel Avenue, and at olher times mulually
agreed upon by Ihe parties,
4, This Order shall remain in effect unlil further Order of Court,
Joan Carey
LEGAL SERVICES, INC,
Allomey for Plaimiff
By Ihe Court, I
---;/(1-.' /l Io/--~....
/ .. Kevin A. Hess, Judge
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Douglas Joseph Sclafani, Defendanl
278 Easl Washinglon Street
Chambersburg, I' A 1720 I
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DONNA MICIIELE BLUM,
PllIintil1.
I N TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v.
NO, 98-1118 CIVIl. TERM
DOUGLAS JOSEPH SCLAFANI.
Defendant
PROTECTION FROM ABUSE AND CUSTODY
CONSENT AGREEMENT
--
This Agreement is entered on Ihis ~o day of March, 1998, by the plaintif1: Donna Michele
Blum. and Ihe defendanl, Douglas Joseph Selalimi. The plainlifr is represenled by Joan Carey of
LEGAL SERVICES. INC,; Ihe defendanl is unrepresented bul is aware of his right 10 have an
attorney, The parties agree Ihallhe following may be enlered as an Order of Court,
]. The defendant, Douglas Joseph Sclafani, agrees 10 refrain from abusing Ihe
plainlilf, Donna Michele Blum, or from placing her in fear of abuse,
2, The defendanl agrees not to have any direcl or indirect conlacl with Ihe plainlitT
including, bul nol limiled to, Ielephone and written communicalions, excepl for the limited
purpose offacililating custody arrangemenls,
3, The defendant agrees nol 10 harass and slalk Ihe plainlill' and not 10 harass Ihe
plainlill's relatives,
4, The defend anI agrees nol 10 enter the plainlifl's place of employmenl or Ihe day
care facility oflhe minor child,
5, The defendanl agrees not 10 damage or destroy any property owned by the
plainlitT,
6, The defendanl agrees to stay away from Ihe plainlifl's residence localed at 220
Plum Slreel, Lemoyne, Cumberland Counly, Pennsylvania, and Ihe defendanl agrees 10 slay away
from any residence Ihe plaintitT may inlhe fulure eSlablish for herself,
.".
7. The defendnnt ngrees to reimburse the plniluill's out-of:pocket losses of $150.00
suffered liS n result of the IIbuse including but not limited to the losses listed on the nttnched sheet
mnrked Exhibit A. The defendllnt ngrees to commence payment of losses to the plnintill' within
seven (7) dnys of the entry of the Protection Order in the above-captioned mntter. The total
nmount of losses shnll be reimbursed to the plaintill' within 45 dnys of the entry of the Protection
Order.
8. The defendant, although entering into this Agreement, docs not admit the
allegations made in the Petition.
9. The defendant understands that the Protection Order entered in this matter will be
in effect for a period of one (I) year and can be extended beyond that time if the Court finds that
the defendant has committed an act of abuse or has engaged in II pattern or practice that indicates
risk of harm to the plaintiff. The defendant understands that this Order will be enforceable in the
same manner as the Court's prior Temporary Protection Order entered in this case.
.
\
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10.
Violation of the Protection Order may subject the defendant to: i) arrest under 23
!
Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect
criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to six months and a
fine 01'$100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1.
11. The defendant and the plaintiff agree to the entry of an Order providing for the
tbllowing custody schedule for their child, Jaquelyn Anne Sclafani.
a) The mother will have primary physical and legal custody of the child.
b) The father will have supervised visitation with the child in the presence of
~Iv.. ~.
the mother on ~t<S ~edCh week from 2:00 p.m. until 3:00 p.m. at
the Lemoyne Family Diner at 3rd Street and Hummel Avenue, and at other times
mutually agreed upon by the parties.
('
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WHEREFORE, thc parties request that a Protcction IInd Custody Order bc cntercd to
rclleet the above terms.
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
DONNA MICHELE BLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 98-
CIVIL TERM
DOUGLAS JOSEPH SCLAFANI,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
OUT-OF-POCKET LOSSES
The plaintiff requests that the defendant reimburse her out-of-pocket losses, including but
not limited to the following:
Any and all costs to replace and/or repair the plaintiff's door damaged by the defendant
during the incident which occured on or about February 3, 1998.
$150.00
EXHIBIT A
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DONNA MICHELE BLUM,
PlaintilT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98-1118 CIVIL TERM
DOUGLAS JOSEPH SCLAFANI,
Defcndant
PROTECTION FROM ABUSE AND CUSTODY
ORDER OF COURT
AND NOW, this /(,' day of d "n'
- I
, 1998, upon consideration of the within
Petition, the following portions of the Protection Order entered on March 28, 1998, are
vacated:
. The defendant, Douglas Joseph Sclafani, is prohibited from having any direct or indirect
contact with the plaintiff, including but not limited to, telephonc and written communications.
. The dcfendant is ordercd to stay away from the plaintiff's residcnce locatcd at 220 Plum
Street, Lemoyne, Cumberland County, Pennsylvania, and ordcred the defendant to stay away
from any rcsidence the plaintiff may in the future establish for herself.
IN ALL OTIIER RESPECTS TilE PROTECTION ORDER ENTERED ON
MARCil 28, 1998, REMAINS IN EFFECT.
By the Court, L
.11 /.
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
Kevin A. Hess, Judge
Douglas Joseph Sclafani, Dcfendant
278 East Washington Strect
Chambersburg, I' A 1720 I
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DONNA MICIIELE BLUM,
Plaintill'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98-1118 CIVIL TERM
DOUGLAS JOSEPH SCLAFANI,
Dcfendant
PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR MODIFICATION
OF PROTECTION ORDER
The plaintiff, Donna Michele Blum, by and through her attorney, Joan Carey of LEGAL
SERVICES, INC., represents the following:
I. The plaintiff, Donna Michele Blum, and the dcfendant, Douglas Joseph Sclafani,
are in the process of reconciling their differences.
2. The plaintiff desires that the defendant, Douglas Joseph Sclafani, no longer be:
a) prohibited from having any direct or indirect contact with the plaintiff,
including but not limited to, telephone and written communications, and
b) ordered to stay away from her residence located at 220 Plum Street,
Lemoyne, Cumberland County, Pennsylvania, and ordered to stay away from any
residence she may in the future establish for herself.
3. The plaintiff desires that all other provisions of the Protection Order entered on
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March 28, 1998, remain in effect.
WHEREFORE, the plaintift' requests that the Protection Order entered
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~UN 151998
DONNA MICHELE BLUM,
Plaintiff
: IN TIlE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 98-1118 CIVIL TERM
DOUGLAS JOSEPH SCLAFANI,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
ORDER OF COURT
AND NOW, this _ day of
, 1998, upon consideration of the within
Petition, tbe foUllwing portions of tbe Protection Order entered on Marcb 28, 1998, are
vacated:
· The defendant, Doug/as Joseph Sclafani, is prohibited from having any direct or indirect
contact with the plaintiff, including but not limited to, telephone and written communications.
· The defendant is ordered to stay away from the plaintiffs residence located at 220 Plum
Street, Lemoyne, Cumberland County, Pennsylvania, and ordered the defendant to stay away
from any residence the plaintift'may in the future establish for herself.
IN ALL OTHER RESPECTS THE PROTECTION ORDER ENTERED ON
MARCH 28, 1998, REMAINS IN EFFECT.
By the Court,
~
,
I
Kevin A Hess, Judge
Joan Carey
LEGAL SERVICES, INC,
Attorney for Plaintiff
Doug/as Joseph Sclafani, Defendant
278 East Washington Street
Chambersburg, P A 17201
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1998-01118 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BLUM DONNA MICHELE
VS.
SCLAFANI DOUGLAS JOSEPH
R, Thomas Klin~ , Sheriff, who being duly sworn according
to law, says. that he made a diligent search and inquiry for the within
named defendant, to wit: SCLAFANI DOUGLAS JOSEPH
but was Unable to locate
Him
in his bailiwick,
He therefore
PennsYlvania,
deputized the sheriff of YORK
to serve the within PROTECTION FROM ABUSE
County,
On March 27th, 1998
the attached return from YORK
this office was in receipt of
County, PennsYlvania,
Sheriff's Costs:
Docketing
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SurCharge
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In The Court of Common Plens of Cumberland County, Pennsylvania
.Do~na Michele Blum
\is.
Douglas Joseph Sclafani
No. 98-1118 Civi 1 Term
19_
Now, Mar. 13. 11998 t9_, I SHERIFF OF CUMBERLAND COUNTY, PA do hereb~' deputize the Sherlffof
Frankl in Counl}'to execute this Writ, this deputntlon being mnde 3tthe request nnd risk of the Plnlntlff.
~., ~
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7 sbcrtrro'fCfrii'b1fI~ un!)', a.
Affidavit of Service
Now, MARCH 17
witbln PROTECTION FROM ABUSE
upon DOUGLAS JOSEPH SCLAFANI
nt FRANKLIN COUNTY SHERIFF'S OFFICE
b~' bnnding to HIM
PFA
nttested copy of the original
HIM the contents thereof,
19 98 .nt 9:40
o'clock A ;\1, served the
\
,
I
a true nnd
and mode known to
j
.
,.
So answers,
CHIEF DEPUTY Sheriff of FRANKLIN
':(
Coon!)', Po.
COSTS
"
"
"'
S\\orn ond suh,crlhed hefore
me this day or
19_
SERVICE
MILEAGE
AFFIDA VIT
S 18,00
5.60
4.00
S 27.60 DUE
.,
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,,,
SHERIFF'S OFFICE
157 LINCOLN WAY EAST. CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261-3877
-------u---SHERIFF S-i:-RVICE -------------------'---/'NSTRUCTlONS FOR SERVICE OF PROCESS, Plonso Iypo or print
PROCESS RECEIPT, and AFFIDAVIT OF RETURN loglbly, Do not dolnch onycoplos,
TIi:IiINTlFF/ST-------------- -.--------- - .----- 2, COURT NUMOER
DONNA MICHELE BLUM 98-1118
3, DEFENDANrl 51 --------- ;j:TYPE-OF WRIT OR COMPLAINT:NOTICE-&l'ETI
DOUGLAS JOSEPH SCLAFANI PROTECTION FROM ABUSEORDER/CONTINUE
{ 5, NAME OF INOIVIOUAL-:-COMPANTco. nrDrlATlo. N.""ETC., TO S-tI1VIC.EonOESCnIPTlON Or.P,iol'En-TY -TO ijElEViEO~ATTACfiEo 011 SOLO,
DOUGLAS JO_~PH' f: _ ...[....ll~ Sc.l..flEAAI./ _
0, ADDRESS (Slrool or RFD, Aparlmonl No" Clly, Boro, Twp" 51010 and ZIP Codo)
AT 278 EAST WASHINGTON STREET, CHAMBERS BURG , PA 17201
7, INDICATE UNUSUAL SERVICE: 0 COMMON OF PA, 0 DEPUTIZE 0 OTHER
Now, 19_. I. SHERIFF OF FRANKLIN COUNTY, PA" do hereby deputize the Shorlff of
County to execule this Writ and make relurn thereof according
to law, This deputalion being made at Ihe requesl and risk of Ihe plaintiff,
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
SERVE
..
SI!IHlff Orl'~W(UNC()lmTY
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN - Any dopuly shonlllovying upon or alloching any propony undor
within writ may leave sarno wllhoul n walchman, in custody of whomever Is found In possession. afler nOlilylng person of lovy or allachmont, wllhoulllabilily on
tho part of such deputy or tho sherilf to nnvJ:~lalnlill heroin for anv loss deslruclion or removnl of an such flroportv before sheriff's salo Ihereol.
9. SIGNATURE 0' ATTORNEY or olher ORIGINATOR 10, TELEPHONE NUMBER 11. DATE
CUMBERLAND COUNTY SHERIFF
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be compleled If nollco Is to bo mollod)
R, THOMAS KLINE, ONE COURTHOUSE SQUARE, CARLISLE, PA 17013
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
13. I acknowledge receipl of Iho writ} r . NATUR riled FCSO ~(!PuIY or Clerk and Tillo 14. Dale Rocolvcd 15, ExpiralionIHoaring dalo
or complain I as indicaled above, -". L'7:LLL 3-16-98 3-20-98
16, I horoby CERTIFY and RETURN Iholl 0 personally sOlVed, 0 hovtf logol ovidenco 0' sOlVico os shown in "Remarks". 0 hove oxoculod os shown in
.Remarks., Ihe writ or complaint dose cd on Iho individual, company, corpornlion, Clc.. at Iho address shown above or on the Individual, company.
corporalion, elc., allhc address Inserted below by handling a TRUE and ATTESTED COPY thereof.
17.0 J horeby cortlly and relurn a NOT FOUND becauso I am unable 10 localo the individual, company, corporalion, otc.. named above. (SOD remarks below)
18. Name and IIUe of Individual SOlVed (if not shown above) 19.A pClson 01 sUltablu ago and dlS(robon Ihem
G reSiding in Iho dOrand.lnrS usual p1aco 01
DOU LAS JOSEPH SCLAFANI ,'bod. 0
20. Address of whore served (complele only if dilfercnllhnn shown abovo) (Slreel or RFD. Apartmonl No., 21. Dale 01 Servico 22. Time
City. Bora, Twp, Slalo and Zip Codo)
23. ATTEMPTS
Milos
10
3-17-98
9:40AM
AM
PM
EST
EaST
SHERIFF'S OFFICE
Dop.ln!.
30. REMARKS:
18TH
1998
SOg:W~R'
32 SI!jnatufUol ~ (t--' ~
Dep Sholltl JOHN E. -IKE' '-----'"
35 S'grldluro 01 Shun" _
SHERI 0 FRANKLIN COUNTY
roo!.
36. Dalo
3-18-98
37,
MY COMMISSION- Y. IRES
3a. I ACKNOWLEDGECEtPr., 1fNAlm~ RETURN
OF AUTHORIZE Jllr~ "t\sJflITtlt'I.-l!Q!ifoliffibllc
Churnhar:;buro, Franklin County
FCSO. I I roo .t~'! c. .::".:.:,.1ion Ex iras Nov. 4. 2000
IGNATURE }
139. Dare RocolVOd
"'
'. '"A' I 7 SHERIFFIS OFFICE
157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 2,61'3877
,SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS, Pl.... type or prli1l~
PROCESS RECEIPT, Bnd AFfiDAVIT OF RETURN legibly. Do not d.l8ch any capl... ' ,;:=
1. PLAINTIFFI Sf 2, COURT NUMBER
DONNA MICHELE BLUM
3. DEFENDANTI SI 4, TYPE OF WRIT OR COMPLAINT: TI
DOUGLAS JO~EPlI SCLAFANI TECTION FROM AIIUSIlORDER/CONTINUIl
{ , '5, NAME OF INOIVIOUAL, COMPANY, CORPORATION, ETC" TO SERVICE OR DESCRIPTION OF PROPERTY TO DE LEVIED. ATTACHED OR SOLD,
DOUGLAS JOSEPH s: ___~,\Ill ...IIfb,~' .'::;cLI1,cAu,'
6. ADDRESS (Slr..1 or RFD. Ap.rtm.nl No.. Clly, Bora. Twp" SI.,o and ZIP Cod.)
AT 278 EAST WASHINGTON STREET. CIIAMBIlRSBURG. PA 17201
7,INDICATE UNUSUAL SERVICE: 0 COMMON OF PA,O DEPUTIZE 0 OTHER
Now, 19, I, SHERIFF OF FRANKLIN COUNTY, PA., do hereby deputize the Sheriff of
, County to execute Ihls Writ end make return thereof according
to law. This depjltatlon being made at tha request and risk of the plaintiff. ",,"."'''' '",""U""",,",y
8, SPECIAL INSmUCTlONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDmNG SERVICE:
. I 1
SERVE
.
'!
/1 'I' I'
"
.
"
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN - Any deputy sh.rlff levying upon or allachlng eny proparty under
',wllhln writ may leava sama wllhouta walchman,ln cuslody of whomavar Is found In possession. aflar nolifylng person 01 levy or allachmenl. wllhou! liability on
. the Dart of such deDutv or the shertff to any lalntiff herein for an loss destruct/on or removal of an such fa e before sheriffs sale thereof.
9. SIGNATURE of ATTORNEY or olher ORIGINATOR 10, TELEPHONE NUMBER 11, DATE
CUMBERLAND COUNTY SHERIFF
12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (Thla ar.. mu.t be compl.ted If notlc.l. to be m.lI.d)
R, THOMAS KLINE, ONE COUR'tH9V~"~,..s..Ql,I~l>', ,~~I,$.~~~. PA .l7oqol-
'~;:'>':;'!," :,";, ' '., SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE ... ''''
'13, I acknowledge receipt 01 Ihe Wrll} I NATUR orlzed FCSO Deputy or Clerk and Tille 14, Dele Received 15, ExplraUonIHoarlng dalo
or complalnlas Indlceled ebove, 3-20-98
16, I horeby CERTIFY and IlETURN Ihall a porsonally served, 0 hav legal evidence of service as shown In 'Remarks'.O have exoculed as shown hi
-Remarks., the writ or complaint dese on the Individual, company, corporallon, elc., at the address shown above or on the Individual. company.
corporaUon. elc.. allha address Inserted below by handling a TRUE .nd ATTESTED COPY Ihereof, " :, ' '" '
17,0 I hereby certify and relurn a NOT FOUND because I am unablolo locale Ihe Individual. compeny, corporaUon, elc.. namod above. (See remarks belOW),
18.,Name and tlUe of Individual served (II nol shown above) "i 19.A p8t'SOrl olauitati!e"8ge enddlscielxxl then . .
. \.. ro~rng In lho dofendant', usual pIaee 01
DOUGLAS JOS P F,,,,..o
20, Address 01 where served (complele only II differenllhan shown above) (Slroel Ilr RFD. Apanm6nl'No" -" ~ 21, Dalo of Sorvlce 22, Time
City, Boro. Twp, Slale and Zip Code) I
AM
PM
EST
EDST
SHERIFF'S OFFICE
'23, ATTEMPTS
30, REMARKS:
31. AFFIRMED and subscribed 10 before me Ihls 18TH
SO ANSWER.
34, day of
~IARCII
19 8
32. SignatUIO 01
Dop. Shell"
35. Slgnatule 01 Sheril'
33.0818
37,
--"""
MY COMMISSION EXPIRES
36, I ACKNOWLEDGE RECEIPT OF TIiE SHERIFF'S RETURN SIGNATURE}
, OF AUTHORIZED ISSUING AUTHORITY AND TITLE.
36.0alo
SHERIFF OF FRANKLIN COUNTY "
39, DBle A8C(Iivod
FCSO-11196
."
In The Court 01' Common Pleas 01 Cumberland County, l'ennsyl"unia
Donna Michele Blum
VS.
Douglas Joseph Sclafani
N6, 98-1118 Civil
t9_
Now, 3/3/98
York
19_,1 SHERIFF OF CUM8ERlA:-iO COUNTY, P,.\. do hereb~' deputize tbe Sheriff of
Coun!)' to e~eeute this Writ, this deputation being made at the request and risk of the Plaintiff,
r"~~~~
Sheriff of Cumberland Coun!)', Pa.
Affidavit of Service
Now,
within
upon
at
by handing to
attested copy of the original
the contenlS thereof,
19
, at
o'clock
~I, servcd the
a true and
and mode known to
So answers,
Sheriff of
Coun!)', Po.
\
COSTS
Sworn and subseribed before
me this day or
19_
SERVtCE
MilEAGE
AFrIDA \'IT
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INSTRUCTIONS TO THE DEFENDANT
As you know, the plaintiff has flied a legal action against you under the Protection
From Abuse Act and has obtained a Temporary Protection Order. The plaintiff is prepared
to hnve a hearing held In order to obtain a final Protection Order effective for one (1) year.
As an alternative, you may consent to the entry of the final Protection Order to be in
effect for one ycar, If you arc willing to consent you should call Legal Services, Inc, in
Carlisle at 243-9400, 766-8475 from the West Shore or 530-5866 from Sh1ppensburg, and ask
to spcak to the staff person handling the case about a Consent Agreement.
The Consent Agreement should be prepared before the time scheduled for the hearing
so the Court will know ahead of time that the case wl1l not be contested. In some cases,
regardless of whether a settlement by Consent Agreement has been reached, the parties
must appear in court at the time scheduled for hearing. If the case is uncontested, the
court appearance wl1l be brief. The judge will make sure the parties understand the
Consent Agreement and final Protection Order.
If you do not agree to the entry of the final Protection Order, a contested hearing wl1l
take place at the scheduled time. When a final Protection Order is entered, it will be sent or
given to you, the plaintiff, and the appropriate police departments. If you fail to abide by
the terms of the final Protection Order you wl1l be subject to immediate arrest, and a fine of
$100,00 to $1,000.00 and/or a jail sentence of up to six months and other relief.
FEES AND COSTS
If the case goes to hearing and the judge grants a Protection Order, a surcharge of
$25.00 will be assessed against you. You may also be required to pay attorney fees to Legal
Services, Inc. for their representation of the plaintiff,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP,
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
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DONNA MICHELE BLUM,
Plaintiff'
: IN THE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
NO,98- 111f{ CIVIL TERM
DOUGLAS JOSEPH SCLAFANI,
Defcndant
PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION ORDER
~~ ----
AND NOW, this 1. day of March, 1998, upon presentation and consideration of the
within Petition, and upon finding that the plaintiff, Donna Michele Blum, now residing at 220
Plum Street, Lemoyne, Cumberland County, Pennsylvania, is ill immediate and present danger of
abuse from the defendant, Douglas Joseph Sclafani, the following Temporary Order is entered.
The defendant, Douglas Joseph Sclafani (SSN: 065-68-8756)(DOB: 4/25/68), now
residing at 30 Alfred Drive, Lewisberry, York County, Pennsylvania, is hereby enjoined from
physically abusing the plaintiff, Donna Michele Blum, or from placing her in fear of abuse.
The defendant is ordered to stay away from the plaintiffs residence located at 220 Plum
Street, Lemoyne, Cumberland County, Pennsylvania, a residence which is leased by the plaintiff;
and is ordered to stay away from any residence the plaintiff may in the future establish for herself.
The defendant is ordered to refrain from having any direct or indirect contact with the
plaintiff including, but not limited to, telephone and writt~n communications,
The defendant is enjoined from harassing and stalking thc plaintiff and from harassing her
relatives,
The defendant is enjoined from entering the plaintiffs place of employment and the day
care facility of the parties' minor child.
The defendant is enjoined from damaging or destroying any property owned, ,by the
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plaintiff.
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A violation of thi! Order may !ubject the defendant to: i) arrest under 23 Pa.C.S,
A6113; ii) a private criminal complaint under 23 Pa.C.S. g6113.1; iii) a charge of indirect
criminal contempt under 23 Pa,C.S, g6114, puni!hable by imprisonment up to six months
and a fine of$IOO.OO-$I,uOO.OO; and iv) civil contempt under 23 Pa,C.S. g6114,I,
This Order shall remain in effect until modified or terminated by the Court and can be
extended beyond its original expiration date if the Court finds that the defendant has committed an
act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff,
Temporary custody of Jaquelyn Anne Sclafani, is hereby awarded to the plaintiff, Donna
Michele Blum.
't<-
A HEARING SHALL BE HELD ON THIS MA ITER ON MARCH b ,1998,
AT I: 3D p....M" IN COURTROOM NO, -L., OF THE CUMBERLAND
COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA.
The plaintiff may proceed without pre-payment of fees pending a further order after the
hearing,
The Cumberland County Sheriff's Department shall attempt to make service at the
plaintiff's request and without pre-payment of fees, but service may be accomplished under any
applicable rule of Civil Procedure,
This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff
for service, The Prothonotary shall not send a copy of this Order to the defendant by mail.
The West Shore Regional Police Department shall be provided with a certified copy of this
Order by the plaintiff's attorney, This Order shall be enforced by any law enforcement agency
where a violation occurs by arrest for indirect criminal contempt without warrant upon probable
cause that this Order has been violated, whether or not the violation is committed in the presence
of the police officer. In the event that an arrest is made, under this section. the defendant shall be
taken without unnecessary delay before the court that issued the order. When that court is
DONNA MICHELE BLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
v,
CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS JOSEPH SCLAFANI,
Defendant
NO, 98-
CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
NOTICE
You have been sued in court, If you wish to defend against the claims set forth in the
following pages, you must take action promptly after this Petition, Order and Notice are served,
by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the Court may proceed without you, and a judgment may be entered against you by
the Court without further notice for any money claimed in the Petition or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you. Any Protection Order granted by a Court may be considered in any subsequent
domestic relations proceedings, including custody actions.
FEES AND COSTS
If the case ~(l::~ to hearing and the judge grants a Protection Order, a surcharge of$2S,OO
will be assessed against you. You may also be required to pay up to $250.00 to reimburse one of
Legal Services, Inco's funding sources for Legal Services, Inco's representation of the plaintiff.
You have the right to be represented by counsel. You should take this paper to your
lawyer at once, If you do not have a lawyer or cannot afford one, go to or telephone the
office set forth below to find out where you can get legal help.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LillERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249-3166 or TOLL FREE: ]-800-990-9108
FAX: (717) 249-2663
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office, All arrangements must be made at least 72 hours prior to any hearing
or business before the court,
DONNA MICHELE BLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO, 98-
CIVIL TERM
DOUGLAS JOSEPH SCLAFANI,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR PROTECTION ORDER
~ND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE ACT
23 Pa.C.S. g6101 et seq.
A, ABUSE
1. The plaintiff, Donna Michele Blum, is an adult individual residing at 220 Plum
Street, Lemoyne, Cumberland County, Pennsylvania 17043.
2. The defendant, Douglas Joseph Sclafani (SSN: 065-68-8756)(DOB: 4/25/68), is
an adult individual residing at 30 Alfred Drive, Lewisberry, York County, Pennsylvania, 17339,
3. The defendant is the father of the parties' minor daughter, Jaquelyn Anne Sclafani,
4 months old, born October 28, 1997.
4. Since approximately AU!,'lIst 1997, the defendant has attempted to cause and has
intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, placed her in
reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of
conduct or repeatedly committed acts toward the plaintiff which have placed her in reasonable
fear of bodily injury, This has included, but is not limited to, the following specific instances of
abuse:
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a) On or about February 7, 1998, the defendant came to the plaintiff's
residence univited, demanded that she talk to him, grabbed her by her hands, and
restrained her.
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b) On or about Fcbruary 3, 1998, thc dcfcndant argucd with thc plaintiff. and
whcn shc told him to Icavc hcr rcsidcncc, hc kickcd thc front door with such forcc
that onc of thc wooden panels broke out of the door, slammcd the door, and
threatcned her saying, "Just be happy I'm not in a hitting mood today," The
plaintiff feared for her safety.
c) In or about the summer, 1997, when she was pregnant with the defendant's
child, he threatened her saying, "If I can't have you, no one will." The plaintiff
feared for her safety and that of her unborn child,
d) The plaintiff had a she-month Protection Order against the defendant in
Dauphin County from July 11, 1996 to January 11, 1997, The defendant violated
the Protection Order in August, 1997, was charged with Indirect Criminal
Contempt of the Order, served 10 days in Dauphin County Prison, and fined
$500.00. The defendant is currently on probation in Dauphin and York Counties
on unrelated criminal charges,
5, The plaintiff believes and therefore avers that she is in immediate and present
danger of abuse from the defendant and that she is in need of protection from such abuse,
6. The plaintiff desires that the defendant be prohibited from having any direct or
indirect contact with her including, but not limited to, telephon~ and written communications,
7, The plaintiff desires that the defendant be enjoined from harassing and stalking her,
and from harassing her relatives.
8, The plaintiff desires that the defendant be restrained from entering her place of
employment and the day care facility of the parties' minor child.
9. The plaintiff desires that the defendant be enjoined from damaging or destroying
any property owned by the plaintiff.
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B, EXCLUSIVE POSSESSION
10. The apartment located at 220 Plum Strcet, Lcmoyne, Cumberland County,
Pennsylvania, from which the plaintiff is asking the Court to ordcr the defendant to stay away is
rentcd in the name of Donna Michele Blum,
C. LOSSES AND REIMBURSEMENT FOR COST OF CASE
11, The plaintiff has suffered losses as a result of damages caused to her property by
the defendant during the incident on or about February 3, 1998, including, but not limited to, the
losses listed on the attached sheet marked Exhibit A.
12. The plaintiff asks that the defendant be ordered to pay $250.00 to Cumberland
County, one of Legal Services, lnc.'s funding sources as reimbursement for the cost of litigating
this case, and that the defendant be assessed the $25.00 surcharge and any court costs if the case
goes to hearing,
D, TEMPORARY CUSTODY
13. The plaintiff seeks temporary custody of the following minor child:
Name
Jaquelyn Anne Sclafani
Address
220 Plum Street
Lemoyne, P A
The child was born out of wedlock.
Aee
4 months old
DOB: October 28, 1997
The child is presently in the custody of the plaintiff, Donna Michele Blum, currently
residing at 220 Plum Street, Lemoyne, Cumberland County, Pennsylvania.
Since the child's birth she has resided with the following persons and at the following
addresses:
Name
Plaintiff
Address
220 Plum Street
Lemoyne, I' A
Dates
October 28, 1997
to the present
The plaintiff is divorccd,
The plaintiff currently resides with the parties' minor child, Jaquelyn Anne Sclafani.
The defendant, the father of the child, is Douglas Joscph Sclafani, currently residing at 30
Alfred Drive, Lewisberry, York County, Pcnnsylvania.
He is single.
The plaintiff has no knowledge of with whom the defendant currently resides,
14. The plaintiff has not previously participated in any litigation concerning custody of
the above mentioned child in this or any other Court.
15, The plaintiff has no knowledge of any custody proceedings concerning this child
pending before a court in this or any other jurisdiction.
16, The plaintiff does not know of any person not a party to this action who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child,
17, The best interests and permanent welfare of the minor child will be met if custody
is temporarily granted to the plaintiff pending a hearing in this matter for reasons including:
a) The plaintiff has provided for the emotional and physical needs of
the child since her birth and is a responsible parent who can best take care
of the minor child.
b) The defendant has shown by his abuse of the plaintiff that he is not
an appropriate role model for the minor child.
WHEREFORE, pursuant to the provisions ofthe "Protection from Abuse Act" of October
7, 1976,23 P,S. ~6101 et seq" as amended, the plaintiff prays this Honorable Court to grant the
following relief:
A, Grant a Temporary Order pursuant to the "Protection from Abuse
Act:"
I. Ordering thc dcfcndant to refrain from abusing thc plaintiff or from
placing hcr in fcar of abusc,
2. Ordcring thc dcfendant to rcfrain from having any direct or indircct
contact with the plaintiff including, but not limited to, telephone and
written communications,
3, Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives,
4. Prohibiting the defendant from entering the plaintiff's place of
employment and the day care facility of the parties' minor child.
5, Prohibiting the defendant from damaging or destroying any
property owned by the plaintiff.
6, Ordering the defendant to stay away from the plaintiff's residence
located at 220 Plum Street, Lemoyne, Cumberland County, Pennsylvania,
and from any residence the plaintiff may in the future establish for herself.
7, Granting temporary custody of Jaquelyn Anne Sclafani, the parties'
minor child, to the plaintiff.
8, Schedule a hearing in accordance with the provisions of the
"Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a
period of one year:
1. Ordering the defendant to refrain from abusing the plaintiff or from
placing her in fear of abuse,
2, Ordering the defendant to refrain from having any direct or indirect
contact with the plaintiff including, but not limited to, telephone and
written communications, except for the limited purpose of facilitating
custody arrangements through a mutually agreed upon third party contact.
3, Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives,
4. Prohibiting the defendant from entering the plaintiffs place of
employment and the day care facility of the parties' minor child.
S. Prohibiting the defendant from damaging or destroying any
property owned by the plaintiff.
6. Ordering the defendant to stay away from the plaintiffs residence
located at 220 Plum Street, Lemoyne, Cumberland County, Pennsylvania,
and ordering the defendant to stay away from any residence the plaintiff
may in the future establish for herself,
7, Ordering the defendant to reimburse the plaintiffs out-of-pocket
losses suffered as a result of damages caused to the plaintiff's property by
the defendant during the incident on or about February 3, 1998, including,
but not limited to, the losses listed on the attached sheet marked Exhibit A.
8, Ordering the defendant to pay $250.00 to Cumberland County, one
of Legal Services, Inc.'s funding sources as reimbursement for the cost of
litigating this case, and assessing the $25,00 surcharge and court costs to
tho:: defendant if the case goes to hearing,
The plaintiff further asks that this Petition be filed and served without payment offees and
costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this
Petition and Order be delivered to the West Shore Regional Police Department which has
jurisdiction to enforce this Order,
The plaintiff prays for such other relief as may be just and proper,
DONNA MICHELE BLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO, 98-
CIVIL TERM
DOUGLAS JOSEPH SCLAFANI,
Defendant
: PROTECT/ON FROM ABUSE AND CUSTODY
OUT-OF-POCKET LOSSES
The plaintiff requests that the defendant reimburse her out-of-pocket losses, including but
not limited to the following:
Any and all costs to replace and/or repair the plaintiff's door damaged by the defendant
during the incident which occured on or about February 3, 1998,
$150,00
EXHIBIT A
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