HomeMy WebLinkAbout00-08583
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Deborah Thrush,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000-l?5t3 CIVIL TERM
Marshall Perry Pritt,
Defendant
: PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the
case may proceed against you and a FINAL Order may be entered against you granting the relief
requested in the Petition. In particular, you may be evicted from your residence and lose other
important rights.
AHEARING ON THIS MATTER IS SCHEDULED ON .4J~ /$,ml,AT
Ii); C/!) }:1-;M., IN COURTROOM NO. --3 OF THE CUMBERLAND
COUNTY COURTHOUSE, CARLISLE, PENNSYL VANIA.
You MUST obey the Order that is attached until it is modified or terminated by the court
after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this
Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up
to $1,000.00 and/or up to sixmonthsinjail under 23 Pa.C.S. g6114. Violation may also subject you
to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18
U.S.C. S2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories
and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate
this Order, you may be subject to federal criminal proceedings under the Violence Against Women
Act, 18 U.S.C. S 2261-2262.
You should take this paperto 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 fmd
out where you can get legal help. If you cannot find a lawyer, you may have to proceed
without one.
CUMBERLAND COUNTY BAR ASSOCIA nON
2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business before
the court. You must attend the scheduled conference or hearing.
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Deborah Mae Thrush
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
v.
: No.
Marshall Perry Pritt
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Marshall Perry Pritt
Defendant's Date of Birth is: June 27,1965
Defendant's Social Security Number is: 362-80-6243
Name(s) of All protected persons, including Plaintiff and minor children:
1. Deborah Mae Thrush
AND NOW, on ,},.,( ~ ~n consideration of the attached Petition for
Protection from Abuse, the court hereby enters the following Temporary Order:
Plaintiff's request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any
other person protected under this Order, at any location, including but not limited
to any contact at Plaintiff's school, business, or place of employment. Defendant
is specifically ordered to stay away from the following locations for the duration
of this order.
Plaintiffs residence located at 28A Spring Garden Street, Carlisle,
Pennsylvania.
Plaintiffs place of employment located at the Towne Tavern, South Hanover
Street, Carlisle, Pennsylvania.
3. Defendant shall not contact Plaintiff, or any other person protected under this
Order, by telephone or by any other means, including through third persons.
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4. The following additional relief is granted:
The Cumberland County Sheriffs Department shall attempt to make service
at Plaintiff's request and without pre-payment of fees, but service may be
accomplished under any applicable Rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and forwarded
to the Sheriff for service. The Prothonotary shall not send a copy of this
Order to Defendant by mail.
This Order shall remain in effect until modified or terminated by the Court
and can be extended beyond its original expiration date if the Court finds
that Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff.
Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
5. 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
6. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy ofthe 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.
7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL JUNE 12, 2002 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or
up to six months in jail. 23 Pa.C.S. ~6114. Consent ofthe Plaintiff to Defendant's
return to the residence shall not invalidate this Order, which can only be changed or
modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.
~6113. Defendant is further notified that violation of this Order may subject himlher
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~2261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
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This Order shall be enforced by the police who have jurisdiction over the 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 3 of this
Order, defendant shall be arrested on the charge ofIndirect Criminal Contempt. An
arrest for violation of this Order may be made without warrant, based solely on
probable cause, whether or not the violation is cormnitted in the presence oflaw
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 ofthe weapons until
further Order of this court, unless the weapon/s are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
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PF AD Number: GAI170844C
Deborah Mae Thrush
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
v.
; No. LV- 85T0
Marshall Perry Pritt
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
I. Plaintiff's name is;
Deborah Mae Thrush
2. I, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Deborah Mae Thrush
4. Plaintiff's Address is: 28A Spring Garden St., Carlisle, PA 17013
5. Defendant's Name is:
Marshall Perry Pritt
6. Defendant is believed to live at the following address;
Cumberland County Prison, Carlisle, P A 17013
7. Defendant's Social Security Number is:
362-80-6243
8. Defendant's Date of Birth is:
June 27, 1965
PF AD Number: GA1170844C
Deborah Mae Thrush
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYL V ANlA
v.
Marshall Perry Pritt
Defendant
: No. 6t; - fSi' 3 CWz.f I LM<-
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
I. Plaintiff's name is:
Deborah Mae Thrush
2. I, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Deborah Mae Thrush
4. . Plaintiff's Address is : 28A Spring Garden St. , Carlisle, P A 17013
5. Defendant's Name is:
Marshall Perry Pritt
6. Defendant is believed to live at the following address:
Cumberland County Prison, Carlisle, P A 17013
7, Defendant's Social Security Number is:
362-80-6243
8. Defendant's Date of Birth is:
June 27, 1965
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9. Defendant's Place of employment is:
unemployed
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Current or former sexual/intimate partner
12. The defendant has been involved in a criminal court action.
13. The facts of the most recent incident of abuse are as follows:
On about Thursday, November 30, 2000 at approximately 3:00AM
location: Plaintiff's residence
Defendant called Plaintiff vile names, told her to shut her mouth, grabbed her by
the neck, and shoved her onto the bed causing her to fear for her safety. Defendant
grabbed Plaintiff's face repeatedly, jerked her head back and forth, causing her
glasses to fall off of her face. Plaintiff left the residence and Defendant followed
her. Plaintiff went to her place of employment and called the police. Defendant
repeatedly called Plaintiff on the phone after police told him to leave the residence.
Defendant was arrested and charged with harassment and simple assault. Plaintiff
suffered a bruised and swollen eye and a sore jaw which persisted for several days.
14. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
child/ren, (including any threats, injuries, or incidents of stalking) are as follows:
On or about November 27, 2000 - Defendant became irrate and picked up the
kitchen table at one end causing everything to fall onto the floor. Fearing for her
safety, Plaintiff called the police who told Defendant to leave the residence.
May 2000 - Defendant came to Plaintiff's residence and asked to come in. When
Plalintiff refused and asked Defendant to leave, he kicked open the door and
broke the lock causing Plaintiff to fear for her safety.
Since May 2000, Defendant has abused Plaintiff in ways including the following:
shoved, kicked, restrained, and grabbed Plainitiff by her upper arms causing
bruises.
15. The police departrnent(s) or law enforcement agencies that should be provided with a
copy of the protection order are:
Carlisle Police Department
16. There is an immediate and present danger of further abuse from the Defendant.
17. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT
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ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER
THAT WOULD DO THE FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking
Plaintiff and/or minor child/ren in any place where Plaintiff may be
found.
b. 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, including but not limited to any
contact at Plaintifl's 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.
c. Prohibit Defendant from having any contact with Plaintiff's relatives
and Plaintiff's children listed in this petition, except as the court may
find necessary with respect to partial custody and/or visitation with
the minor child/ren.
d. Order Defendant to pay the costs of this action, including filing and
service fees.
e. Order Defendant to pay Plaintiff's reasonable attorney's fees.
f. Grant such other relief as the court deems appropriate.
g. Order the police or other law enforcement agency to serve the
Defendant with a copy of this Petition, any Order issued, and the
Order for Hearing. The petitioner will inform the designated
authority of any addresses, other than the Defendant's residence,
where Defendant can be served.
Respectfully submitted,
Date:
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(~~an Carey, Attorney for P tiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
Distribution to:
Legal Services, Inc.
Fax .and Mail to PSP
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VERIFICATION
I verifY that I am the Petitioner as designated in the present action 911d that the facts 911d
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating
to unsworn falsification to authorities.
Dated: ,;;..J 11 / (} ()
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Deborah Thrush, Plaintiff
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U* MULTI TN REPORT *u
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CUMB CO PROTHONOTARY
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[ 03]9p2438026
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OFf1CE Of 1'HE PRarn(ll(]l'ARY
CUMBERLAND CCXJNTY OJUR11iOOSE
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0N8 COORTHCXJSE 9;JUARE
CARLISLE. PA. 17013-3387
(71 i) 240-6195
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ontain inf.bmatim tlat is r;rivileg:l:l, o::nfideotial cn:l ea:ntt: fmn rlj<r:10"llJ::e I.I'rl&' Wli,,*,lp}.BN. rf
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08583 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
THRUSH DEBORAH
VS
PRITT MARSHALL PERRY
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE
was served upon
PRITT MARSHALL P
the
DEFENDANT
, at 0013:40 HOURS, on the 13th day of December, 2000
at CUMBERLAND CO. PRISON
1101 CLAREMONT RD
CARLISLE, PA 17013
by handing to
MARSHALL P. PRITT
a true and attested copy of PROTECTION FROM ABUSE
together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER, PETITION
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
3.10
.00
10.00
.00
31.10
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R~Thomas Kline
12/14/2000
me this Jf~
day of
Sworn and Subscribed to before By:
^Op,,~./.2oviJ A.D.
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rothonotary
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Deborah Mae Thrush
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
v.
:
: No. 00-8583
Marshall Perry Pritt
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: Marshall Perry Pritt
Defendant's Date of Birth is: June 27,1965
Defendant's Social Security Number is: 362-80-6243
N ame( s) of All protected persons, including Plaintiff and minor children:
1. Deborah Mae Thrush
AND NOW, thist 2..... (~-oO the court having jurisdiction over the
parties and the subject-matter, it is ORDERED, ADJUDGED and
DECREED as follows:
Upon agreement of the parties for the entry of a consent order, this order
will be entered without any admission of liability by the defendant and
without a finding of abuse by this court:
Plaintiffs request for a [mal protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any
other protected person in any place where they might be found.
2. Defendant is prohibited from having ANY CONTACT with the
Plaintiff, or any other person protected under this Order, at any
location, including but not limited to any contact at Plaintiff's school,
business, or place of employement. Defendant is specifically ordered to
stay away from the following locations for the duration of this order.
Plaintiffs residence located at 28A Spring Garden Street, Carlisle,
Pennsylvania.
Plaintiffs place of employment located at the Towne Tavern, South
Hanover Street, Carlisle, Pennsylvania.
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3. Defendant shall not contact the Plaintiff, or any other person protected
under this Order, by telephone or by any other means, including
through third persons.
4. The following additional relief is granted as authorized by ~6108 ofthe
Act:
Defendant is enjoined from damaging or destroying any property
owned jointly by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
The court costs and fees are waived.
5. 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
6. THIS ORDER SUPERSEDES:
I. ANY PRIOR PF A ORDER
7. All provisions of this order shall expire on: JUlie 15, 2002
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY 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 PA.C.S. ~6114.
VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND
CRIMINAL PENAL TIES 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 ACT, 18 U.S.C. ~2265. IF YOU
TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL
CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261-
2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE
ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION
AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE
GUN CONTROL ACT, 18 U.S.c. ~922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
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NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintiffs residence OR any
location where a violation of this order occurs OR where the defendant
may be located, shall enforce this order. An arrest for violation of
Paragraphs I through 3 of this order may be without warrant, based soley
on probable cause, whether or not the violation is committed in the
presence of the police. 23 Pa.C.S. ~6113.
Subsequent to arrest, the police officer shall seize all weapons used or
threatened to be used during the violation of the protection order or during
prior incidents of abuse. The shall maintain possession of the weapons
until further order of this Court.
When the defendant is placed under arrest for violation of this order, the
defendant shall be taken to the appropriate authority or authorities before
whom defendant is to be arraigned. A "Complaint for Indirect Criminal
Contempt" shall then be completed and signed by the police officer OR
the plaintiff. Plaintiffs presence and signature are not required to file the
complaint.
If sufficient grounds for violation of this order are alleged, the defendant
shall be arraigned, bond set and both parties given notice of the date of the
hearing.
If entered pursuant to the consent of plaintiff an
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eborah Thrus , Plaintlff
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Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
Distribution to:
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Fax and mail to psp3
Marshall Pritt
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
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12/18/00 MON 16:24 FAX 717 240 6573
CUIIB CO PROTHONOTARY
141001
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*** MULTI TN REPORT ***
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TX/RX NO
INCOMPLETE TX/RX
TRANSACTION OK
2348
01]9p2405331
03]9p2438026
04]92490779
CENTRAL PROCESS
LEGAL SERVICES
PSP
ERROR
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OFFICE OF THE. PROI'HCX\UI'ARY
OJMBERLAND Cl:XlNI'Y CDUR'1llOJSE
.
CX\IE CXXJRTI-IOOSE SQUARE
CARLISLE, PA. 17013-3387
(717) 240-6195
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MESSAGE:
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