HomeMy WebLinkAbout96-00274
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JILL WBST (WORTHING'1'ON),
Pl.intiff
V
UN THB COUR'l' OF COHHON PLBAS OF
tCUMBBRLAND COUN'l'Y, PBNNSYLVANIA
t
tCIVIL ACTION - LAW
t
tNOt 96-0325 CIVIL 'l'BRN
tNOt 96-0274 CIVIL TBRN
t
tIN CUS'1'ODY
DAVID WILLIAH 'l'HRUSH, SR.,
Defend.nt
Prior Judget
Kevin A. Hess
SUPPLEHEN'l'AL CONCILIA'l'ION REPORT
1
'l'he September 4, 1997 Order entered in this c.se provided for
.upervised visit.tion with the F.ther pending the he.ring. 'l'his
re.triction w.s bec.use the F.ther ...." undergoing .n investig.tion
by the pennsylv.ni. St.te Police .nd by Children's Services in
connsction ...ith .lleg.tions of .buse .g.inst the minor child.
Children's Services h.s .dvised the F.ther th.t the .lleg.tions .re
"unfounded". Addition.lly, the pennsylv.ni. State Police, .fter
the F.ther successfully completed . polygr.ph ex.m, h.ve .dvised
the F.ther th.t they .re not pursuing .ny investigation further.
2
'l'he Concili.tor m.de it cle.r .t the prior conference th.t he .....
recommending supervised visit.tion only so long .s those t...o
inve.tig.tions ...ere pending. Th.t recommend.tion w.s reflected in
the September 4, 1997 Order of Court. The Concili.tor recommend.
th.t the restriction be lifted .t this time.
3
'l'he .bove inform.tion is provided pursu.nt to . telephone
conference the Conciliator h.d with leg.l counsel for the p.rties
in this c.se. 'l'he Mother is adverse to lifting the rest~iction on
supervised visit.tion because she feels the Father h.s viol.ted
th.t restriction provision within the p.st month. Ho...ever, the
Concili.tor feels that the restriction w.s only b.sed upon the
.llegations of .buse .nd, in light of the dismiss.l of those
.lleg.tions .nd the investigation, there is no basis for such a
restriction.
Datet-'~-?
a
Hubert X. lroy, Bsqu re
onciliator
2.
dSEP 031997
JILL WBST (WORTHINGTON),
Plaintiff
V
tIN THE COURT OF COMMON PLEAS OF
tCUMBERLAND COUN'l'lf, PBNNSYLVANIA
t
tCIVIL ACTION - LAW
t
tNOt 96-0325 CIVIL 'l'ERN
tNOt 96-0274 CIVIL 'l'ERN .,/
t
tIN CUS'1'ODY
DAVID WILLIAN THRUSH, SR.,
Defendant
COUR'l' ORDER
AND NOW, this rt~ day of "I,,,,r-C.1.))/t.i.:!r.), 1997, upon
consideration of the attaohed Custo~'!conciliation Report, it is
ordered and directed as followst
1.
A hearing is scheduled in Court Room No. 4 of the Cumberland
COJ,mty Courthouse on the '~fi tlj day of ((' (ItA e/(,') , 1997 at
q,~~ a.m. at which time testimony will be taken in the above
case. At this hearing, the Mother shall be the moving party
and shall proceed initially with testimony. Counsel for the
parties shall file with the Court and opposing counsel a
memorandum setting forth the history of custody in this case,
the issues currently before the Court, each party's position
on custody, a list of witnesses who will be called to testify
and the anticipated testimony of each witness. 'l'his
memorandum shall be filed at least ten days prior to the
hearing date.
Pending further Order of this Court, this Court's prior Order
of February 14, 1996, shall remain in effect subject to the
following modificationst
A. Father's time with the minor child shall be under
circumstances where the paternal grandparent shall be
present at all times. This restriction shall continue
until the date of the hearing in this matter unless there
is a completion of the Children Services and State Police
investigation of the Father. In the event those
investigations determine that there are no charges to be
brought against the Father, Father's counsel may contact
the Custody Conciliator for a Conciliation via a
telephone conference call where counsel for the parties
and the Conciliator may recommend to the Court an
appropriate modification of this Order in connection with
the condition of supervised visitation. In the event
there are no charges filed by Children Services and no
charges filed by the Pennsylvania State Police against
the Father and in the event there are no further
allegations raised by the Mother that might merit
supervised visitation, it would be anticipated that the
condition of supervised visitation would be eliminated
.
JILL WEST (WOR'l'HING'1'ON),
Plaintiff
V
tIN THE COUR'l' OF CONNON PLBAS OF
tCUMBERLAND COUN'l'Y, PENNSYLVANIA
t
tCIVIL ACTION - LAW
t
tNOt 96-0325 CIVIL TERN
tNOt 96-0274 CIVIL TERN
t
tIN CUS'1'ODY
DAVID WILLIAN 'l'HRUSH, SR.,
Defendant
Prior Judget
Kevin A. Hess
CONCILIATION CONJ'IIlmNCJ: SUHofARY REPORT
IN ACCORDANCB WITH THE CUMBERLAND COUN'l'Y CIVIL RULE OF PROCBDURB
1915.3-B(b), the undersigned Custody Conciliator submits the
following reportt
1. 'l'he pertinent information pertaining to the nhild who is the
subject of this litigation is as followsl
David W. 'l'hrush, Jr., born February 20, 1992.
2. A Conciliation Conference was held on August 21, 1997, with
the following individuals in attendancet
'l'he Mother, Jill Worthington, with her counsel, RebAcca R.
Hughes, Bsquire, and the Father, David William Thrush, Sr.,
with his counsel, Samuel W. Milkes, Esquire.
3. The parties were bofore the Court in February of 1996 on a PFA
at which time they reached an agreement on custody that
provided that the Father lIas the child on alternating weekends
and on every 'l'hursday and Tuesday evening through thlt
following morning. Recently, the Mother filed a Petition for
Special Relief suggesting that the Father's actions, and the
actiun. of the Father's girlfriend, are causing serious
problems with the minor children and that the Father should
only have supervised visitation without the girlfriend
present. A Conference was held before Judge Hess on this
is.ue. Judge Hess deferred any decision with the
understanding that Father's periods of custody with the minor
child would be subject to the supervision of the paternal
grandparent pending the resolution of a Children Services and
Pennsylvania State Police investigation on various (lharges
against the Father.
4. Moth~r is adamant that she feels the &xisting Custody Order
should be modified to eliminate the weekday overnights with
the Father, especially in light of the fact that school is
starting. Mother is also very concerned over the Father's
actions and the actions of the girlfriend and feels that there
should be supervised visitation. Father denies all of the
allegations made by the Mother. In fact, Father suggests that
..
1.IIl tY
.. 'rJ
JILL WBST (WORTHING'1'ON) . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA
t
v. t CIVIL AC'l'ION - LAW
.
.
DAVID WILLIAM THRUSH, SR., . NO. 96 - 0325 CIVIL TERN/,
.
Defendant . NO. 96 - 0274 CIVIL TERN
.
.
.
. CIVIL ACTION - CUS'1'ODY
.
COURT ORDER
AND NOW, this 13. day of 1---
consideration of the attached Custoay Conciliation
ordered and directed as follows:
, 1996, upon
Report, it is
1. This Court's prior order of February 16, 1996 is ratified
subject to the following modifications:
A. Paragraph 2 is modified such that the weekend visitation
shall be from Friday at 3tOO p.m. until Monday at
7tOO a.m. Additionally, the weekday overnights shall be
from Tuesdays and 'l'hursdays at 5 tOO p.m. until the
following morning at 7tOO a.m.
B. Paragraph 3 (B) is eliminated with the following paragraph
inserted in the Ordert
"'l'he child will be exchanged in a neutral site, agreed
upon by the parties. 'l'he parties or any other adult
designated by the respective parties shall handle
exchange of custody. In the event the parent is not
handling the exchange, that parent shall notify the other
parent in advance as to the name of the individual who
will be handling the exchange. The parents and any
adults handling the exchange of custody shall not
communicate with each other during exchange of custody.
Exchange shall be handled with the child merely moving
from one vehicle to the other vehicle with no verbal or
other type of communication between the individuals
handling the exchange."
-.
c. 'l'he following paragraph shall be added to the Ordert
6. In the event the custodial parent is working and
has the child scheduled to be taken care of with a
daycare or babysitting facility, the custodial
parent shall give the non-custodial parent the
first option to provide daycare or babysitting for
the child.
D. Pursuant to an agreement by the parties, the Petitions
for Criminal Contempt which were filed by each party are
hereby dismissed. Specifically, this include. the charge
of Criminal Contempt filed against Jill Worthington and
the charge of Criminal Contempt filed against David W.
Thrush, Sr. The dismissal of these charges is done in
accordance with agreement of both parties and in
agreement with the Cumberland County District Attorney's
Office, which agreement was indicated to the Custody
Conciliator.
BY THE COUR'l',
CCI
Matthew J. Bshelman, Esquire
Samuel W. Milkes, Bsquire
Michael Schwoyer, Esquire
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JILL WEST (WOR'l'HINGTON) : IN THE COURT OF CONNON PLBAS OF
Plaintiff t CUMBERLAND COUNTY, PBNNSYLVANIA
.
.
v. t CIVIL ACTION - LAW
I
DAVID WILLIAM THRUSH, SR., . NO. 96 - 0325 CIVIL TERN
.
Defendant t NO. 96 - 0274 CIVIL TERN
I
. CIVIL AC'l'ION - CUSTODY
.
PRIOR JUDGEt HONORABLE KEVIN A. HESS
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WI'l'H CUMBERLAND COUN'l'Y CIVIL RULE OF PROCBDURB
1915.3-8(b), the undersigned Custody Conciliator submits the
fOllowing report:
1. 'l'he information pertaining to the child who is subject of this
litigation is aB followst
David w. Thrush, Jr., born February 20, 1992.
2. A Conciliation Conference was held on June 7, 1996, with the
fOllowing individuals in attendancet
The Mother, Jill West, with her counsel, Matt Bschelman,
Bsquire, and the Father, David W. Thrush, Sr., with his
counsel, Sam MilkeB, Bsquire.
3. The parties agree to the entry of an order in the for.m as
attached.
~flctv
Date
JILL WEST (WORTHINGTON), IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
DAVID WILLIAM THRUSH SR., 96.0325 CIVIL
Respondent 96.0274 CIVIL .,/
ORDER
AND NOW, this
II'"
day ofDecember, 1997, it appearing that the
undersigned will be involved in a criminal jury trial the week of March 16, 1998, the hearing in
the above captioned matter set for March 19, 1998, is continued to Friday, March 27, 1998, at
9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
Rebecca Hughes, Esquire
For the Petitioner
. AIL
Samuel Milkes, Esquire
For the Respondent
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):;'l~cL .;U \)ll.c)+kd~ fl.,! ofl)cc..
k. If', /997
Ofl..J7'V'J l .n L'Le( 9'- -.1.:u-
JILL WEST (WORTHINGTON),
Pe.llloner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION. LAW
DA vm WILLIAM THRUSH, SR.,
Rapondent
.
.
: 96-0325 CIVIL TERM ./
: 96-0274 CIVIL TERM 0/
: IN CUSTODY
ORDER OF COUlD:
AND NOW, this ,;N'It day of (/., td-"(cl.lr )
. 1997, upon agreement of
counsel, the above-captioned hearing scheduled for Wednesday, October 29, 1997, is continued
and set for '?17 tt-t. l! -~ I ') . 199 LJ c/;t. 9; 3d C; . rn M\.. e.{: 'Ii- 'I
By the Court,
~AL
KEVIN . HESS, J
)=:; L~l , 0 fALJ"-~CJ0CA:J.rLY o-P.{f c ~
0c:-I . cJ-9, 1997
OIl.Jl:f'v~ L .(21.t.c.L
JILL WF..t;T (WORTIIINGTON)
P",I,IIIIu'r
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYL VANIA
,
.
I',
.
,
CWIL ACTION. LA W
.
.
0.""10 H'/I,U."M TIIRU.m. SR"
R,.'pn"dt'"
,
.
96-0325 CII'IL TERM
96-0274 CII'IL TERM
IN CUSTODY
:
.
.
PETITION FOR MODIFICATION OF CUSTODY
ANI) NOW comes the petitioner, JILL WEST (WORTHINGTON), by and through her
ullorneYR, IRWIN, McKNIGHT & HUGHES,and liIes this Petition for Modification of Custody
milking the lilllowing statement:
I. The petitioner is Jill West (Worthington), an adult individual residing at 1584
Pine Road, CarllRle, Cumberland County, Pennsylvania 17013.
2. The respondent is David W. Thrush, Sr., an adult individual residing at 972 West
Old York Road, Carlisle, Cumberland County, Pennsylvania 17013.
3. The purties are the natural parents of David W. Thrush, Jr., born February 20,
1992.
4. Currently, the petitioner has prirnury physical custody of the minor child and the
respondent has periods of purtial physical custody every other weekend and Tuesdays and
ThruRdays from 6:00 p.m. through the following morning at 8:00 a.m.
:5. The custody schedule as noted in Paragraph 4 above is the result of an agreement
entered into between the purties on February 14, 1996. Attached lIS Exhibit "A" is a copy of a
transcript which contains said agreement.
6. Since the time of the agreement, the respondent has excrcisc his periods of purtial
physical custody, however, there have been numerous incidenccs of violence which has caused
the minor child to fear the times he spends with the respondent.
7. The incidences of violence referred to in the above Paragraph include but are not
limited to the following:
a. the respondent and his girlfriend, Jennifer Fraker, were fighting in front of
the minor child, and Ms. Fraker was forced to remove herself, her own child, and the minor child
who is the subject of this petition out of the home in which they were fighting; the respondent
subsequently began jumping on top of the car in which the three individuals (including the minor
children) were sitting;
b. the respondent and his girlfriend, Jennifer Fraker, were fighting while they
were driving, and the respondent punched Ms. Fraker in the face;
c. the respondent's girlfriend, Jennifer Fraker, has said to the minor child that
if she sees his mother ( the petitioner) that she would beat her;
d. the respondent's girlfriend has degraded the petitioner on several other
occassions in the presence ofthe minor child, upsetting the minor child greatly.
8. The minor child repeatedly tells the petitioner that he does not want to go with his
father, and physically shakes and cries.
,
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1
MR. MILKESI Good .ft.rnoon, Your Honor.
2
3
THE COURTI Good .ft.rnoon.
MR. MILKES. I think the court will b.
4 pl....d to l..rn th.t w. h.ve m.n.g.d to r..ch .n .;r.em.nt
5 in both the prot.ction from .bu.. c...., the cro..
6 petition., .nd in the cu.tody di.put. th.t'. h.for. the
7 court.
8
THE COURTI And the co_.nt .bout it b.ing .
~ good .ft.rnoon i. .n under.t.tem.nt. Th.t'. good.
10
MR. MILXZS. I am pr.par.d to the b..t .xt.nt
11 I can, if the court would w.nt it thi. w.y, to try to
12 d..crib. the agr.ement in the form of wh.t .n order would
13 look like.
14
THE COURTI Y.., .nd then p.rh.p. Mr.. Or.ham
15 c.n tr.n.crib. wh.t you ..y .nd I c.n r.duc. it to .om.thing
16 more like .n ord.r form.
17
MR. MILXZSI With r..p.ct to th. prot.ction
18 from &bu.. c...., it i. .gr..d th.t ..ch of the p.rti..
l~ .h.ll b. .njoin.d from phy.ic.lly .bu.in; the oth.r,
20 thr..t.ning to .bu.. or h.r...in; ~h. oth.r, or pl.cing the
21 oth.r p.rty in f..r of .bu... And ..ch of the p.rti.. i. to
22 r.fr.in from h.ving dir.ct or indir.ct cont.ct with on.
23 .noth.r .xc.pt wh.n it i. for the purpo.. of m.king
24 .rrangem.nt. r.g.rding the child or wh.n it i. for the
25 purpo.. of .ccompli.hing the .xch.ng. of prop.rty which will
2
t~~v
1 be deecribed later.
2 It i. also underetood that the prior order
3 having to do with the child under the protection from Abuee
. caption will be vacated. This order only involvee the adult
5 partie..
6 With re.pect to cu.tody of the minor child,
7 David Thru.h, Jr., born February 20, 1992, the partiee .hall
8 .hare phy.ical and legal cuetody. The partiee hereby
9 acknowledge that David, Jr., i. the .on of David Thru.h,
10 Sr., and of Jill We.t.
11 And that the arrangement. for exchange of
12 pby.ical cu.tody will be a. follow.. The father will have
13 every otber weekend, from Friday at 5.00 p.m. until Monday
1. at 9.00 a.m., beginning tbe weekend of February 23, 1996.
15 He .ball aleo bave cuetody on Tue.daye and Tbur.day., from
16 6.00 p.m. until the following morning at 8.00 a.m.
17
The mother .hall have phy.ical cuetody at
18 otber time. except a. follow.. Providing that at leaet
19 tbirty day. advance notice are given, the partiee may each
-
20 exerci.e up to two week. of vacation during the year. The.e
21 may be a combination of two non-consecutive weeke .0 long a.
22 they don't interfere witb the boliday schedule.
23 Holidays will include the following and will
2. alternate from year to year. Eaeter, Memorial Day, Fourth
25 of July, Labor Day, Cbristmae Eve, Christmas Day and New
3
. .
t~~lf
1
2
Years' .
With respect to Christmas Eve, the party
having Christmas Eve shall exercise partial custody from
p'~~() (), ,\\,
5,00 p.m. until ~. Christmas Day. And the other
party shall have the child on Chri.tmas Day. Thanksgiving
shall be split, with the ~haVing physical oustody from
8,00 a.m. to 3,00 p.m., and~ from 3,00 p.m. to 8100
3
4
5
6
7
8
9
p.m.
Mother shall have the child on Mother's Day,
10 and father shall have the child on Pather's Day. And the
11 child shall alternate birthdays, with the father exercising
12 the birthday for 1996. And during the alternating birthdays
13 the oth.r parent shall be allowed reaeonable aco.ss to the
14 ohild for purpos.s of pre.enting preeente or bri.f
15 celebration. This holiday schedule ehall take priority aver
16 the general custody .chedule.
17 The ohild will not be left in the primary
18 care of Miles Worthington at any time except for brief
19 periods nece.sitated on an occasional basis. The child will
20 be exchanged at a neutral' site agreed upon by the partiee.
21 And the parties may either themselves participate in that
22 exchange or Scott Thrush, Petie Worthington, or Jamie Like,
23 may participate in the exchange.
24 The child, when in the father's oare, shall
25 generally reBide with the father at the father'. re.idence
4
COf~
1 but may re.ide at other locations for brief and occa.iona1
2 p.riod.. Neither party shall make any disparaging comm.nt.
3 of the other in front of the child or within the hearing of
4 the child or u.e abusive language within the hearing of the
5 child.
6 N.ith.r parent .ha11 abu.e or thr.at.n the
7 child in a phy.ica1 manner, nor will eith.r parent expo..
8 the child to .xc.e.ive drinking or i11.gal drug.. Each
9 par.nt .ha11 p.rmit the child liberal acc... by t.1.phone to
10 the oth.r par.nt. Each parent .ha11 notify the oth.r of any
11 medical emergenci.. which occur. Each par.nt .ha11 a..ur.
12 that the child ha. the u.. of car r..traint. at anytime h.
13 i. in a motor vehic1..
14 It i. the under. tanding of the parti.. that
15 in conn.ction with this cu.tody arrang.m.nt fath.r will b.
16 withdrawing the eupport action which h. ha. previou.1y fi1.d
17 and which i. currently .chedu1ed for conf.r.nce, and that
18 moth.r i. not at pr..ent pur.uing a .upport action of h.r
19 own; but that the partie. will contribut. .qua11y to work
20 r.1ated child car. .xpen.e. and to the child'. m.dica1
21 in.urance co.t. and medically re1at.d .xp.n....
22 MR. MILKESI Is that ev.rything on the child?
23 MS. VERNEY I Yes.
24 MR. MILKESI In connection with the
25 protection from abuse case, the parties have also reach.d an
5
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1 .gr.~.nt.. to v.rious iteme ot person.l property. And
2 th.t .gr.ement is .s follows I The following iteme will
3 either b. r.turned to or r~.in in the po.....ion ot Jill
4 We.t. Th. M.gn.vox r.dio, the four video c....tt.. tor the
5 camcorder, the bo.rd games, her gray coat, the g.rd.n ho.e,
6 the ..nd box Littl. Tike., .nd the p.rt tor the pico.
7 The tollowing items will r~ain in the
e po..e.sion ot or be return.d D.vid Thru.hl Th. Ping.rhut
9 tool ..t, the cordl... telephone, the retrig.r.tor.
10 P.r.nthetic.lly within thirty day. ot today'. date on the
11 r.trig.r.tor only. The v.riou. truck p.rt., .uch .. tire.,
12 bumper .nd .ngine, the pinb.ll machine, the B.tm.n clock,
13 the r.c. .ot, the l.rg. Christm.. tre., the ..nt. .nd tr.in,
14 the .mall L.go., the micro-machin.., the Tonk. .nd H...
15 truck.,.. w.ll .. Tonk. helicopt.r part., the pl..tic .nd
16 wood tor the b.d in the gar.g., the Toby, .ny oth.r toy.
17 purch...d by hi. tamily. And p.renthetically on th.t, the
18 partie. will arrange tor . mutually agre.abl. time to go
19 through the toy. and sep.r.te them out. The tluor..c.nt
20 light .nd the bicycle.
21 I should h.v. .dd.d to mother'., the tr.nch
22 co.t -- I am sorry that's .ctually t.ther's, the trench coat
23 .nd the E.ster .uit ot the child, it they exist .nd can be
24 locat.d. Al.o to mother would be various item. of the
25 child's clothing which have been purchased or provided by
6
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1 h.r f~ily. Sam. .rr.ngement on th.t .. we did for the
2 toy..
3 And with re.pect to the 1985 Toyot. pickup,
4 Jill w..t agr... to take .ny and all action n.c....ry to
5 tr.n.f.r title of that truck to Mr. Thrush now or .ft.r
6 r.l.... of the li.n th.t .r. pr...ntly h.ld on th.t truck.
7 D.vid Thru.h agr... within. p.riod of thirty
8 d.y. to conv.rt automobile in.ur.nc. on thi. truck into hi.
9 name .nd to a..um. r..pon.ibility for paym.nt on th.t
10 in.ur.nc.. H. a1.0 agr.e. to p.y a prorated amount of the
11 in.ur.nc. bill which i. .oon to com. due for Jill W..t, .uch
12 th.t h. will p.y the amount due for in.uring thi. truck for
13 the n.xt thirty d.y..
14 with r..pect to an automobi1. being purcha..d
15 by. J.ramiah, with the tit1. curr.nt1y b.ing held by Jill
16 W..t, the $350.00 due from J.ramiah will be payab1., upon
17 p.yment, to David Thru.h. In the .v.nt th.t the .utomobi1.
18 h.. to b. r.po......d, the parti.. will furth.r n.gotiat.
19 wh.t i. to b. don. with the repo......d automobi1..
20 In conn.ction with thi. ord.r, all pr.viou.
21 order. .nt.r.d in the prot.ction from .bu.. and cu.tody
22 c.... will b. vac.t.d. I gue.. the la.t thing on cu.tody i.
23 th.t it i. und.r.tood th.t further conci1i.tion m.y become
24 n.c....ry reg.rding custody when the child .ppro.ch.. .choo1
25 .ge, Th.t will be it.
7
(C ...-:-, ,-;;:
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1
THE COURTI And I would ask that counsel make
2 c.rtain that Mr.. Graham gets all of the caption. which are
3 aff.cted by this order in any way. I may ev.n fa.hion a
4 .ingle order which would deal with all of the c.... .nd just
S make sure that an order is filed in each docket. How does
6 the per.onal property issu. come up, i. that in the cont.xt
7 of olle of the PFA actions? I. there demand for .ome return
8 of item., or i. this ju.t .11 part of...
9
HR. MILKESI Well, there i. juri.diction
10 under the Protection from Abuse Act to deal with it. I
11 don't know that it w.s specifically rai.ed.
12
THB COURTI Thi. i. just a way of re.olving
13 oth.r i..u..?
14
lS
MS. VBRNEYI Bxactly.
THB COURTI We will be happy to do that, and
16 c.rtainly congratulat. coun.el for th.ir .ffort. and
17 congratulat. the parties for their ability to r..olve the
18 matt.r. I .ay that not bftcau.e I am not r.ady, willing and
19 able to do it for you, that's what I g~t paid to do, but
20 ju.t make a couple of observations.
21 Fir.t, the agreement that the two of you
22 r.ach i. obviou.ly better than anything than I could force
23 on you. For .xample, the last time I was called upon to
24 divide up L.go. and stereos, I think I directed a yard .al.,
2S and I am sure you wouldn't want that. But secondly and more
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1 importantly with regard to the child, thi. di.play. your
2 ability to put your love for thi. little kid above your
3 di.agreament with each other, and that'. extremely
4 oommendable and I wieh you .uoce.. in doing that for thi.
5 littlo child'. .ake. With that we will be adjourned.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
(End of proc.eding..)
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LAW OffiCES J
,/,;,.",. . 1I.'%:'~y;{i & ,:/;';;;{;'J&jUN 30 1997 .
JILL WEST (WORTHINGTON)
Pet! tioner
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION~LAW
96-0325 CIVIL TERM
'96-0274 CIVIL TERM V
PROTECTION FROM ABUSE a CUSTODY
DAVID WILLIAM THRUSH, SR.
Respondent
tkj.P-1-.
ORDER OF COURT
AND NOW, this cJl/'fI. day of April, 1996, upon consideration
the attached Petition for Modification, it is hereby directed
t the rties and their respective ounsel appear before
I ,the conciliator, at . J." Yf,
un y, Pennsylvania, on the 3/5t day
r\1~ ' 1996 at q; :30 (.l .m. for a Pre-Hearing Custody
Confer ceo At such conference, aJlefforc will be made to resolve
the issues in dispute; or if this cannot be accomplished, to define
and narrow the issues to be heard by the Court, and to enter into
a temporary order. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
(17
FOR THE COURT
I (
Custody
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. II' YOU
DO KOT 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: (717) 240-6200
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JILL WEST (WORTHINGTON)
Petitioner
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
96-0325 CIVIL TERM
96-0274 CIVIL TERM
PROTECTION FROM ABUSE I CUSTODY
DAVID WILLIAM THRUSH, SR.
Respondent
PETITION FOR MODIFICATION OF CUSTODY ORDER
TO THE HONORABLE JUDGES OF SAID COURT:
1. The Petition of Jill West Worthington, respectfully
represents that on February 16, 1996, an Order of Court was entered
for shared custody, a true and correct copy of which is attached
hereto.
2. This Order should be modified because:
a.
Peti tioner,
Mother,
has
obtained
employment which prevents her from piCking up
the child from Respondent at B:OO a.m, on
Wednesdays and Fridays pursuant to Paragraph 2
of the Order.
b. Respondent refuses to turn over the child
to Petitioner's husband at 8:00 a.m. on
Wednesdays and Fridays despite paragraph 3a of
the Order which permits the same for brief
periOds necessitated on an occasional basis.
c. Respondent refuses to take the child to
day care at or about 8:00 a.m. on Wednesdays
and Fridays.
3. Petitioner requests the Court modify the existing Order
to allow pick-up at 7:00 a.m. on Wednesdays and Fridays.
WHEREFORE, Petitioner requests that the Court modify the
existing Order for Shared Custody because it will be in the best
interest of the child,
Respectfully submitted,
SODUS a VERNEY
By
J qu
1.0. . 23167
7 Irvine Row
Carlisle, PA 17013
717/243-9190
Attorney for Petitioner
VERIFICATION OF PLEADING
I verify that the statements made in this Petition for
Modification are true and correct. I unQerstand that false
statements horein are made subject to the penalties of
18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities.
FEB 23 1996
JILL WEST,
Plaintiff
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUN'IYj PENNSYLVANIA
vs. NO. 96.325 CIVIL TERM
NO. 96.274 CIVIL TERM
DAVID WILLIAM TIlRUSH, SR.,: CUSTODY
Dcfcndant PROTECTION FROM ABUSE
ORDER
AND NOW, this
I'~ f
.. day of Fcbruary, 1996, in accordance with thc agrecment 0
thc partlcs, us announced in opcn court and in their presence, it is ordered and directed that:
1. Each party hcrcto shall be cnjolncd from physlCIIlly abusing thc other or threatening
to abusc thc othcr or harassing thc othcr or placing thc othcr in fcar of abusc. Each party is
enjoincd from having direct or indirect contact with thc other ellcept for the purpose of making
arrangcmcnts regarding child custody or for the purpose of ellehanging propcrty hercinaftcr
rcfcrcnced.
2. Thc partics shall shsrc Icgal and physiCIIl custody of David Thrush, Jr., born Fcbruary
20, 1992, with thc paternity of David William Thrush, Sr., acknowledged. The father shall havc
custody of said child every othcr weekcnd from Friday at 5:00 p.m. until Monday at 9:00 a.m"
beginning the weckend of February 23, 1996, and shall also huve custody on Tuesdays and
Thursdays from 6:00 p.m. until the following morning at 8:00 a.m. The mother shall havc
physiCIIl custody at othcr times cllcept us follows:
a. Provided that at leustthirty (30) days advance notice is given, each party may ellcrcise
up to two weeks of vaClltion during the year, which may be consecutive, but not so us to interfere
with thc holidays.
b. The parties will alternate the following holidays from year to year: Euster, Memorial
Day, 4th of July, Labor Day, ChrIstmas Eve, chrlstmus Day, and New Year's. With respect to
Christmas Eve, the party having Christmas Eve shall exercise partial custody rrom S:OO p.m. until
9:00 a.m. on Christmas Day, and the other party shall have the child on Christmas Day. The
parties shall share the Thanksgiving holiday with the rather having physicul custody rrom 8:00
a.m. to 3:00 p.m., and the mother rrom 3:00 p.m. until 8:00 p.m.
c. The mother shall have the ehll~ on Mother's Day and the rather shall have the child
on Father's Day. The parties shall alternate custody on the child's birthday, with the rather
exercising said custody ror the year 1996. On the child's birthday, the purentthen out or custody
shall be allowed reasonable access ror the purpose or presenting presents or a brier celebration.
3. The custody or the child, David Thrush, Jr., shall be subJect to the further additional
conditions:
a. The child will not be lert in the primary cure or Miles Worthington at any time except
ror brier pcrlods necessitated on an oCCl\Sional basis.
b. The child will be elchanged at a neutral site, agreed upon by the parties. In addition
to the parties, the rollowing pcrlons may participate in the exchange: Scoll Thrush; Petie
Worthington; or Jamie Uke.
Co When in the rather's CIIre, the child shall generally reside with the rather at the rather's
residencc but may reside at other locutions for brier und oCCl\sional periods.
d. Neither party shall make any disparaging comments or the other in rront or the child
or within the hearin8 or the child or use abusive lunguage within the hearing or the child.
Neither parent shall abuse or threaten the child In a physicul manner, nor will either purent
expose the child to elccssive drinking or Illegal drugs. Each parent shall pcrmlt the child liberul
access by telephone to the other parent. Each parent shall notifY the other or uny medlcul
emergencies which occur. Each parent shall assure thatlhe child has the use or car restruints at
any time he Is in u molor vehicle.
4. The ruther, David William Thrush, Sr., will withdraw the support action which he has
- .
filcd agalMt the mother. Thc partlcs will contributc equally to work-rclatcd child care expcnses
and to thc child's medicallMurance cosll and medically related expenses.
.5. In connection with the Protection from Abuse mattcr, the parties shall dlstributc
certain personal properly betwcen themselves, including motor vehicles, and adjust insurance'
coverage In accordance with the terms and conditions us anr.ounced in open court, at the hearing
. .
of this matter, on February 14, 1996.
BY TIlE COURT,
4t~e~i. ;J..
Jacqueline Verney, Esquire
For thc Plaintiff
/
Samuel Milke>>, Esquire
For the Defendant
:rlm
TRUE COpy FROM R
In Tcst:m,ny "'herco' , h ECORD
and 'he seal of said C~urt c:; ~~:~/:tpmy ~and
Th' ..;I,,..J.. , a.
IS..~......... day of,;$~:,,,,,, 19..1.".
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JILL WEST,
Plninliff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 96-325 CIVIL TERM
NO. 96-274 CIVIL TERM ./
DAVID WILLIAM THRUSH, SR.,: CUSTODY
Defendant PROTECTION FROM ABUSE
ORDER
AND NOW, this
I' ,
.. dny of February, 1996, in accordance wilh the ngrcement of
the parties, as nnnounced in open court and in their presence, It is ordered and directed that:
J. Euch party heMo shall be enjoined from physicnlly nbuslng thc OIhcr or threntening
to abuse the other or harnsslng the other or placing the other in fenr of abuse. Euch Jlnrly is
enjoined from huving direct or indirect contact with the olhcr cxcept for the purpose of makinll
arrangcments regarding child custody or for the purpose of exchanging property hcreinafter
referenced.
2. The partlcs shall share Icgul and physical custody of David Thrush, Jr., born February
20,1992, with the paternity of Dnvid William Thrush, Sr., acknowledged. The father shall have
custody of snid child every other weekend from Friday at 5:00 p.m. until Monday at 9:00 a.m.,
beginning the weekcnd of February 23, 1996, and shall also have custody on Tuesdays and
Thursdays from 6:00 p.m. until the following morning at 8:00 a.m. The mother shall huvc
physiCIII custody nl other times cxcept as follows:
n. Provided that atlenst thirty (30) days ndvance notice is given, cach purty mny exerci~e
up to two weeks of vacation during the ycar, which may be consecutive, bul not so as to interfcre
with the holidnys,
b. The parlies willahernatc the following holidnys from yenr to year: Easier, Memorial
Day, 4th of July, I.ahor Day, Christmas Eve, chrislmas Dny, nnd New Year's. With respect to
Christmas Eve, the party hllving Christmas Eve shllll exercise partinl custody from 5:00 p.m. until
lJ:OO a.m. on Christmlls Day, IInd the other pllrty shall have the child on Christmas Ony. The
parties shall share the Thllnksgiving holidllY with thc father huving physiCIII custody from H:OO
a.m. to 3:00 p.m., and thc~ mother from 3:()O p.m. until 8:00 p,m.
e. The mother shlll1 hnve the child on Mother's Day and the father shllll hnve thc ehild
on Father's Day. The partics shall nltcrnnte custody on the child's birthday, with the falher
exercising suld cuslody for the year IlJ96. On Ihe child's birthday, the parent then out of custody
shall be allowed reasonable ncccss for the purpose of presenting presents or a brief celebration.
3. The custody of the child, David Thrush, Jr., shall be subject to the further additional
conditions:
a. The child will not be IeI'I in the primary care of Miles Worthington at any time except
for brief periods necessitatcd on an oceasional basis,
b. The child will be exehangcd at a neutral site, agreed upon by the partics. In addition
to the parties, the following persons may pnrtieipate in the exchange: 8coll Thrush: Petie
Worthington: or Jamie Like.
c. When in thc father's carn, the child shall generally reside with the father atthc fathcr's
residence but may residc at othcr locations for bricf and OCCI\Sional periods.
d. Neither party shall make any disparaging comments of the other in front of the child
or within the hearing of the child or use abusivc language within the hearing of the child.
Neither parcnt shall abuse or threatcn thc child in a physiCIII manner. nor will either parent
cllJlOse the child to cxcessive drinking or iIIegnl drugs. Each parent shall permit the child Iibernl
access by tclephonc to the other parent. Each parcnt shall notify the other of nny mediCIII
emergencies which occur. Each parent shnll nssure that the child has the use of cnr reslrnints nt
nny time he is in a motor vehicle.
4. The fnthcr, David William Thrush, Sr., will withdruw the support action which he has
filed against the mOlher. The pnrlies will conlrihute equally 10 work-related child care expenses
and 10 the child's medical insurance !:tlSls nnd medically relaled expenses.
5. In connection with the Proteelion from Ahuse mnller, the parties shull dislribute
certain pcrsonal propcrly /Jctween themselves, including motor vehicles, and ndjust insurance
coverage in accordance with the terms and conditions ns announced in opcn court, ntthe henring
of this maller, on Fcbrunry 14, 1996,
BY THE COURT,
Jacqueline Verney. Esquire
For the Plaintiff
i!f;~e~i. d
Samuel Milkes, Esquire
For the Defendant
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I IN TilE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I 96-0325 CIVIL TERM
I 96-0274 CIVIL TERM ~
I
1 CIVIL ACTION - CUSTODY
Plaintiff
v
DAVID WILLIAM THRUSH, SR.,
Defendant
COURT ORDER
AND NOW, this '1~ day of February, 1996, upon consideration of
the attached Custody Conciliation Report, it is ordered and
directed in the above two cases as fol1owsI
1. The hearing scheduled in this case for Wednesday, FebruaIY 14,
1996, at 1130 P.M., in Cou~troom No.4 shall continue as scheduled.
The issue to be addressed at thie hearing is the paternity lBBue
raised by the Mother in her answers filed in the cUBtody action.
Mother shall proceed initially with the testimony. CounBel for
both partieB Bhall file with the Court on or before 11100 A.M. on
February 14, 1996, a Memorandum Betting forth the following I
A. The hiatory of custody in this case.
B. The law on the issue of paternity by eBtoppel.
C. Any law with respect to either party's ability to requeet
blood teata on the paternity issue.
D. A Hat of witneBBes that the party will call at the
hearing along with a brief summary of the anticipated
testimony of each witness.
E. The law on whether Father may claim cUBtody purBuant to
the legal theory of in loco parentis.
This Memorandum shall alBo be served on opposing counsel.
2. The temporary protection orders issued in these caBeB Bhall
remain in effect with a final resolution on said orders to be made
by further Order of this Court afte~ the conclusion of the
paternity issue.
3. Pending further Order of this Court on the paternity issue or
any further custody issue, physical custody of the minor child,
David William Thrush, Jr., born February 20, 1992, shall be aB
follows 1
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JILL WEST, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA!
I
V I 96-0325 CIVIL TERM
I 96-0274 CIVIL TERM
DAVID WILLIAM THRUSH, SR., I
Defendant I CIVIL ACTION - CUSTODY
PRIOR JUDGE! The Honorable Kevin A. Hess
CONCILIATION CONFERBNCB SUMMARY RBPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliato~ submits the
fOllowing report!
1. The pertinent information pe~taining to the child who is the
subject of this litigation is as follows!
David William Thrush, Jr., born February 20, 1992.
2. A Conciliation Conference was held on February 9, 1996, with
the fOllowing individuals in attendance!
The Father, David WillilUll Thrush, Sr., with his counsel,
SlUlIuel L. Hilkes, Bequire, and the Mother, Jill West, with her
counsel Jacqueline H. Verney, Esquire.
3. There are a number of issues before the Court at thie time.
Not onlr do we have custody issues, but we have two Petitions for
Protect on from Abuse. We have also claimed in the custody issue
a paternity question. After consultation with the Conciliator, the
parties agree to address a number of these issues as outlined in
the proposed Order which is attached.
:?lLli ?y
JILL WEST
Plaintiff/Defendant
IN TilE COUR'I' OF COMMON PLEAS OF
CUMBERLAND COUN'I'Y, PENNSYLVANIA
CIVIL ACTION-LAW
V.
DAVID WILLIAM TIIRUSIl, SR.
Defendant/Plaintiff
96-0325 CIVIl.. 'I'ERM /'
96-0274 CIVIL TERM~
PROTECTION FROM ABUSE & CUSTODY
IN RE: Motion for Continuance
ORDER OF COUR'I'
AND NOW this
...
1 day of February, 1996 a hearing on the
c~oss motions for protection from abuse is seL for
Wu_~,
Protection
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1996 at
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The 'l'emporary
Orders shall remain in effect. Pending a hearing, the child, David
William Thrush, Jr. shall not be removed from Cumberland County
pending further order.
BY THE COUR'I'
,A~
A. Hess, JUdge
co:
/
Samuel Milkes, Esq.
attorney for the Defendant/Pla/ntiff
Jacqueline M. Verney, Esq.
attorney for tho Plaintiff/Defendant
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DAVID WILLIAM THRUSH, SR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
.
.
: NO. 99.274 CIVIL 1996
JILL WEST,
Defendant
: CHILD CUSTODY
CERTIFICATI'J OF SERVICE
I, Jennifer L. Coyle, hereby eertHy that a true and correct copy of the Order of
Court: Rule to Show Cause and Petition for Finding of Contempt in the above
captioned matter was duly served upon the defendant, JILL WEST, by depositing it
in the U.S. Mail, certified, restricted delivery, on February 5, 1996, addressed 88
follows:
JlIl West
1584 Pine Road
Carlisle, PA 17013
I hereby verifY that the statements made in the foregoing are true and correct.
I understand that faise statements herein are made subject to tho ponaities of 18
Pa.C.S. Section 4904, relating to unsworn faislfieation to authorities.
Dated: UJSJq1.9
,
.
P 214 4b5 21lb
~ Receipt for
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DAVID WILLIAM THRUSH, SR.
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
JILL WEST
Defendant
96-274 CIVIL TERM
CflILD CUSTODY
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance for the Defendant, Jill West, in
the above-captioned matter.
A copy of this praecipe is being served on Plaintiff's Counsel
of record by hand delivery.
Respectfully submitted,
SODUS & VERNEY
By
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6 Ja ueline M. Verney, Es ire
1.0. No. 23167
7 Irvine Row
Carlisle, PA 17013
717/243-9190
Attorney for Defendant
DAVID WILLIAM THRUSH, Sa,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-274 CIVIL
JILL WEST,
Defendant
.
.
: CHILD CUSTODY
PETITION FOR FINDING OF CONTEMP[
COMES NOW, the Plaintiff In the above-referenced action, by and through hi.
attorney, Samuel W, MlIkes, Esq., and respectfully requests of this Honorable Court
that it issue a rule upon the Defendant to show cause why she should not be found in
contempt of the Court's prior Order, based upon the Defendant's failure to transfer
temporary custody of the child to the father, David Thrush, Sr., on Friday, February
2, 1996. In support of this Petition, PlaintlfT asserts as follows:
1. This matter involves non-compliance with a Custody Order regarding the
minor child, David Thrush, Jr., born February 20, 1992.
2, On January 22, 1996, the Honorable Kevin A. Hess entered a Temporary
Order in this matter. The attached Order did not establish temporary custody of the
minor child but did indicate that an agreement of the parties would be considered
binding.
3. On Tuesday, January 26, 1996, the parties, through their counsel, agreed
that the mother, Jill West, would have temporary custody of the child on Tuesday,
Wednesday and Thursday, January 30 and 31, and February 1. They further agreed
that ahe would transfer custody of the child to father on Friday, February 2, 1996,
While thore waa Homo disagreemont as to the time of the transfer. father waainsistinB
that it be the morninB of Friday. February 1 and mother, throUBh counsel. waa
insistinB that the transfer not take place until 8:00 p.m. on Friday. February 1, there
waa not any disagreement about the Friday transfer.
4. To date. the child remains in the physical custody of mother. who haa refused
to tranlfer phylical eUliody to father. Mother refulel delpite repeated telephone caUl
to herself and her parent's residence. such calls havinB been made by the Plaintiff's
family. not the Plaintiff himself.
5. Not only haa the mother refused to transfer custody. as /lII'eed upon. but she
failed to inform father that she would not be transferring cUltody and she hu avoided
telephone calls and had family members say that she waa not available. even at times
when she was physically at her parents' residence. While counsel for Jill West, Carol
Lindsay. Esq., leR a telephone message for father's counsel on the aflernoon of Friday,
February 2. 1996. father's counsel. Samuel W. Milkes. Esq.. waa in Bethlehem.
Pennsylvania, at a conference ail day and did not receive this message. The message
wu not perceived aa urgent since it was only a message to return the call. without any
reference to mother's refusal to transfer custody.
WHEREFORE. the Plainti1r respectfully requests that this Court issue a rule
upon the Defendant to show cause why she should not be found in contempt of the
Court's prior Order and that this rule be returnable at the custody hearing currently
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DAVID WILLIAM THRUSH, SR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-274 CIVIL 1996
V.
JILL WEST,
Defendant
: CHILD CUSTODY
CERTIFICATE OF SJjJRVIQm
I, Samuel W, Milkes, Esq., hereby certifY that a true and correct copy of the
CUltOlly Complaint and Order of Court letting the Conclllation Conference In the
above captioned matter W88 duly served upon the defendant, JILL WEST, by
depollting It in the U.S. Mail, eertlfted, restricted delivery, on or about I<'ebruary 2,
1996, addressed 88 follows:
Jill West
1584 Pine Road
Carlisle, PA 17013
I hereby verifY that the statements made In the foregoing are true and correct,
I underltand that falee statements herein are made lubjeet to the penaltiel of 18
Pa.a,S. Section 4904, relating to unsworn falsification to authorities.
Dated: ~(~( '7 G
~~
SAMUEL W. MILKES, ESQ,
Attorney for Plaintiff
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JILL WEST, I
Plaintiff/Defendant I
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DAVID WILLIAM THRUSH, SR., I
Defendant/Plaintiff I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
96-0325 CIVIL TERM
96-027. CIVIL TERM ~
PROTECTION FROM ABUSE ~ CUSTODY
IN REI FURTHBR HEARING SCHEDULED
ORDER OF COURT
AND NOW, thia 6th day of February, 1996, at .,25
p.m., further hearing hereon in the croaa motiona in protection
from abuae ia eet for Thuraday, Pebruary 15, 1996, at 1130 p.m.
Pending aame, the defendant/plaintiff, David William Thruah,
Sr., aha1l have cuatody of the child, David William Thrueh, Jr.,
from Priday, Pebruary 9, 1996, at 5100 p.m., until Monday,
Pebruary 12, 1996, at 3100 p.m. During the exchange of cuatody
of thia child the plaintiff/defendant, Jill Weat, ahall not be
accompanied by any male adult. The child, David William Thruah,
Jr., ehall not be removed from the County of Cumberland pending
further order.
By the Court,
Carol Lindaay, Eaquire
Por Jill w..t
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A 1:1.
Samuel Milkea, Eaquire
For David William Thruah, Sr.
Ibg
DAVID WILLIAM THRUSH, SR,
Plaintur
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
; NO, 01 '1+ CIVIL 1996
JILL WEST,
Defendant
.
.
: CHILD CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, thia --L.f day of :i...",; , 1996, pending further Order of
Court, It la HEREBY ORDERED AND DECREED BB followa:
1.
Plaintiff, DAVID WILLIAM THRUSH, SR., ah
mary
phyBica1 euatody of the au
or c
USH, JR., until
2.
e
her Order of Court, Defe
, ahall be entitled
to righta ofvialtation wit
eet minor c
t to a aehedule ugreed upon
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8. Pending further Order of Court, the mother, JILL WEST, la directed not
to move the child from Cumberland County, Pennaylvanla.
4. It la further directed that ahould the partlea eatabUBh a written
ugreement as to exehangea of cuatody of the minor child, thia ugreement ahall be
enforceable, until auch time BB further Order of Court la entered.
BY THE COURT:
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DAVID WILLIAM THRUSH, SR"
Plllntlff
IN THE COURT OF COMMON PLEAS OF
CUMBERlAND COUNTY, PENNSYLVANIA
NO. 274 CIVIL 111M
CIVIL ACTION. CUSTODY
IN CUSTODY
VI.
JILL WEST,
D.f.ndlnt
1. Adrnltted.
2, Admitted.
3. With regard to the age of the child, the child Is four (4) years old.
4. Adrnltted that the child was born out of wedlock. Denied that the child Is presently
In the custody of the Plaintiff. During the child's life, he has resided with the following persons at
the following places:
a. February, 1992 to Septernber, 1992, with Jill West and her
parents at 1912 Esther Drive, Carlisle, Pennsylvania;
b. Frorn September, 1992 to Septernber, 1993, at 49 1,7 West High
Street, Carlisle, Pennsylvania, with Plaintiff and Defendant;
c. Frorn Septernber, 1993 to September, 1994, at 17 Glenwood
Road, Dlllsburg, Pennsylvania, with Plaintiff and Defendant;
d. Frorn September, 1994 to November 17, 1994, at 972 West Old York
Road, Carlisle, Pennsylvania, with Plaintiff and Defendant and Plaintiff's
parents.
e. From Novernber 17, 1994 to January 15, 1996, at 1584 Pine
Road, Carlisle, Pennsylvania, with Plaintiff and Defendant; and
d:\WC'I\._r,,,,,,, me. 1'I')l-]1I
YE8JfICAIIQN
I, the undersigned, hereby verify that the statements made herein are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904,
relating to unsworn falsification to authorities.
('lll) Ji~2~
Date: -Fe b. d.., I3q~
d:\WC'I\.na...r.~ file' lil'l1.J8
JILL WEST,
Plllntln/Petltloner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 98.325 CIVIL
PROTECTION FROM ABUSE AND CUSTODY
VI.
DAVID WILLIAM THRUSH, SR.,
Defendlnt/Re.pondent
AND now, this
---\I. II -
/] , day of ;:>'" "/
, '/ ~ , 1996, I, Carol J. Undsay, Esquire,
of the law flrrn of FLOWER, MORGENTHAL, FLOW, & L1NDSAV Attorneys, hereby certify that
I served the within An.wer to I Compl.lnt for Cu.tody this day by depositing same In the United
States Mall, First Class, Postage Prepaid, In Carlisle, Pennsylvania, addressed to:
Samuel W. Mllkes, Esquire
JACOBSEN & MILKES
52 East High Street
Carlisle, PA 17013
FLOWER, MORGENTHAL FLOWER & LINDSAY
Attorney. for Plaintiff
By:
DAVID WILLIAM THRUSH, Sa,
PlaintlJT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
; NO. CML 1996 .. d))tf r;tk/ t4t1t,,.
V,
JILL WEST,
:
: CHILD CUSTODY
Defendant
ORD~ OF ceUBT
AND NOW, t.hll ~..~.bday of ,,,,,....,,- . 1996, upon conlldel'atlon of the
attached Complaint, It il hereby' directed that the partlel and thjlir relpectlve counlel
appear before ~b,.,.\'I.,(.,I(vl loti, at ~h -fIe",( (v",b ("Iv,,"';' C\!~berland County,
Ponnlylvania at '" '-', _ --', on the ..:!!.~ of fl'btlw)t
1996, at j o. 3D ,m" for a Pre-Hearing CUltOdy Conference. At luch conference, an
ef1'ort will be made to relOlve the Illuel in dilputej or if thil cannot be aceomplimed,
to defIne and narrow the illue. to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide groundl for entry of a
temporary or permanent order.
For the Court,
~ tfR~iY A~fvur~.
CUltm;nelliatcir V' --c6PjI/
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. D' 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 17018
TELEPHONE: (717) 240.6200
DAVID WILLIAM THRUSH, SR,
PlaintitT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
.
.
: NO.
CML 1996
JILL WEST,
Defendant
.
.
: CHILD CUSTODY
CUSTODY COMPLAINT
1, The Plaintiff is DAVID WILLIAM THRUSH, SR., residing at 972 West Old
York Road, CarUsle, Cumberland County, Pennsylvania, 17013.
2. The Defendant i. JILL WEST, reuding at 1584 Pine Road, CarUlle,
Cumberland County, Pennsylvania, 17013.
3. The PlaintitT Beep cu.tody of DAVID WILLIAM THRUSH, JR., born on
February 20, 1992, age 3.
The child was born out of wedlock.
The child is preBently in the custody of the PlaintitT,
During the child'. life, the child haa resided with the following perlOns and at
the following adelre.Bes:
From February, 1992, through March, 1992, the minor child resided with
PlaintitT, Defendant, Bonnie, and Amie (Defendant's friends) on Chestnut Street, Apt.
#3, Lebanon, Lebanon County, Pennsylvania; From March, 1992, to June, 1992, with
Defendant and the child's maternal grandparents at 1912 Ester Drive, CarUlle,
Cumberland County, Penn.ylvaniaj from June, 1992, to October, 1992, with PlaintitT,
Defendant, and the child's paternal grandparents at 972 West Old York Road, CarUsle,
Cumberland County, Pennsylvania; from October, 1992, to October, 1993, with
PlaintifF and Defendant at 49 W. High Street, Apt. '2, CarUlle, Cumberland County,
Pennlylvaniaj from October, 1993, to October, 1994, with Plaintiff and Defendant at
Lot '17, Dmlburg, York County, Penn8ylvaniaj from October, 1994, to November,
1994, with PlaintifF, Defendant, paternal grandparent8, and paternal uncle at 972 Welt
old York Road, CarUlle, Cumberland County, Penn8ylvania; from November 17, 1994,
to January Iti, 1996, with PlaintifF and Defendant at 11184 Pine Road, CarUlle,
Cumberland County, Pennlylvania; and from January Ill, 1996, until present, with
Defendant, paternal grandparent8, paternal uncle, and fiance of paternal uncle, at 972
Welt old York Road, Carlille, Cumberland County, Penn8ylvania.
4. The mother of the child i8 the defendant, JILL WEST. She i8 8ingle.
II. The father of the child i8 the J.'laintifF, DAVID WILLIAM THRUSH, SR. He
il Bingle.
6, The relationlhip of PlaintifF to the child i8 that of biological father, The
Plaintur currently reBidel at 972 Welt Old York Road, Carli"e, Cumberland County,
Pennsylvania, with hil parent8, brother, fiance of brother, and the 8ulUect minor chlld.
7. The relationlhip of the Defendant to the child i8 that of biological mother.
She reBide8 at 11184 Pine Road, CarU81e, Cumberland County, Penn8ylvania, with three
male friends wh08e name8 are unknown to the PlaintifF.
H,
,
i
8. PlaintifF h.. not participated.. a party or witne88, or in anothe~ capacity,
in other litigation concerning the CU8tOdy of the child in thi8 or another court.
Plaintur h.. no information of a CU8tOdy proceeding concerning the child pending in
a court of thi8 CommOllwealth.
,
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. ,
9. Plaintiff doee not know of a penon not a party to the proeeedinp who
haa phyeica1 cuetody of the child or elaime to have cuetody or vilitatlon righte with
relpect to the child,
10. The belt interelt and permanent welfare of the child will be aerved by
granting temporary cuetody to the Plaintif1\father becauee very recently, the Defendant
haa threatened to move out of etate, to Texaa and Plaintiff ie concerned that without
a court order reetrictlng thie activity, the Defendant would remove heraelf from thie
area, with the child, From the time the child waa approximately 8 monthe old until
the child waa approximately 2 1/2 yearl old, the PlaintlfT remained at home, .. the
primary care-taker of thie child. While over the put 1 1/2 yeare of the child's life,
many parenting reeponeibllltiee have been ehared, the PlaintlfT haa con.i.tently
provided a high level of care, The Defendant drinke, IOmetlmee to exce.., and
frequently leavee the home to attend IOciai f\lDctlone and drinking partiee, leavin, the
child in the care of the PlaintlfT. It ie clear that thie child h.. bonded much more
c10aely to the PlaintlfT than to the Defendant.
11. Each parent whoae parental righte to the child have not been terminated
and the perlOn who haa phyeical eUltody of the child have been named aa partiee to
thie action, No other pereone are known to have or claim a right to cuetody or
vieitatlon of the child.
WHEREFORE, Plalntiff reque.t. of thl. Honorable Court that It enter an
Order, providing primary physical custody of the child with PlalntlfT, the child's father,
and further that It direct that. until further Order of Court that neither party remove
the child from Cumberland County, Pennsylvania.
/
BY: Samuel . Mllkes, ElIq.
JACOBSEN & MILKES
52 E. High Street
CarliBle, PA 17013
(717) 249.6427
Attorney No. 80130
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DA VID WILLIAM TIIRUSII, SR,
PI.AINTlI'I'
IN TilE COURT OF COMMON I'LEAS OF
CUMBERLAND COUNTY. I'ENNSYLV ANIA
v,
96-274
CIVIL ACTION LAW
JILL WEST
IN CUSTODY
IlEl'ENIlANT
ORIWR OF COURT
ANI) NOW. WedntldlY, July 10,1005 __, upon considcTlltlonofthc ulluchcd COlllpluint,
It is hcrcby dircclcd thut purtics nnd Ihcir rcspcctive counsclnppcnr hclllrc lIuberl X. Gilroy, Elq. . thc concilintor.
lit 4th Floor, Cumberllnd County Courtbouse, Culllle on ___ FrldlYL~.!!!!~ltl~ 1005 nl 8:30 _AM
for a Prc-Hcnrlng Cuslody Conlercncc, At such conferencc. un cffort will bc Illudc 10 rcsolvc Ihc issucs In dlsputc: or
ifthis cannot hc accomplishcd. to dclinc and narrow thc issucs 10 bc hcurd hy thc court. und 10 cUlcr into n tCll1pornry
ordcr. All childrcn n~c livc or oldcr mllY nlso bc prcscntlll thc conlercncc. Fuilurc tOllppcur ut thc conlercncc IllUY
provide grounds for cntry of U tClllporury or pcrmuncnt mdcr.
The court hereby dlreetsthe purtles to rurnlsb nny und all exlsllnlll'roledlon from Abuse orders,
Speelal Reller orders, and Custody orders to tbe conciliator 48 hours prior 10 scheduled henrlnll,
FOR TIlE COURT.
By: Isl
Hilbert X. Gilroy. Esg.
Costody Concilinlor
L
Thc Court ofColllmon Plcns orCulllbcrlund County is rcqulrcd by Inw 10 cOll1ply with thc Amcricnns
with Disnbilitcs Aclor 1990. For infonl1ation nboulucccssiblc facililics und rcnsonnblc nccoll1ll1odulions
nvailuble 10 disabled individuuls hllving busincss bcrmc thc court, plcnsc contllclour ollicc, Allurrungcll1cnls
Illust bc modc nllcusl 72 hours prior 10 nny hCllring or busincss bcf(lrc thc court. You ll1ust nllcnd Ihc schcdulcd
confercncc or hcnring.
YOU SHOULD TAKE TillS PAPER TO YOUI{ ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TEI.EPIIONE TIlE OFFICE SET
FORnl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELI',
CUlllbcrlnnd Counly BlIr Associnlion
32 Smuh Bcdlonl Slrccl
Cnrlislc, l'cnnsylvlInin 171113
Tclcphonc (717) 249-3166
DA VID WILLIAM THRUSH, SR"
PlalntllT/Petltloner
I IN TilE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY,PENNSYLV ANIA
I NO, 274 CIVIL 1996
I CIVIL ACTION - LA W
I CUSTODY
va,
JILL WEST,
Defendant/Respondent
NOTICIA
USTED"A SIDO DEMANDADO/A EN CORTE. SI usted de sea defenderse de las
demandas que se presentan mas adelante en las siguientes paginus, de be tomar accion dentro de
los proxlmos velnte (20) dias despues de la notiflcacion de esta Demanda y Avlso radlcando
personalmente 0 por medlo de un abogado una comparecencia escrita y radlcando en la Corte
por escrito sus defensas dc, y objecciones a, las demand as presentadas aqul en contra suya. Se Ie
advlerte de que si usted falla de tomar acclon como se describe anlerlormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demand a 0 cualquler
otra reclamacion 0 remedio sollcltado por el demandante puede ser dictado en contra suya por la
Corte sin mas avlso adicional. Usted puede perder dinero 0 propiedad u otros derechos
Importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERcA DE COMO CONSEGUIR UN
ABOGADO,
SI USTED NO PUEDE PAGAR POR LOS SERVlclOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVIC10S LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE
CUALlFICAN,
LAWYER REFERRAL SERVICE
of the Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
Telephone (800)-990-9108
UA VID WILLIAM TIIRUSII, SR"
PllIlnlllT/Pelllloner
VI,
I IN TilE COURT OF COMMON PLEAS OF
I CUMDERlANUCOUNTY,PENNSYLVANIA
I
I NO. 274 CIVIL 1996
I
I CIVIL AC1'ION - LAW
I CUSTODY
JILL WEST,
DefendunllRespondenl
PETITION F08..MOUIFlcATION OF CUSTODY 081lliB
AND NOW, comes Plaintiff/Petitioner. Duvld W. Thrush, Sr., by und through his
counsel, Linda A. Clotfelter, and files this Petition for Modlficutlon of Custody Order, stating in
support thereof the following:
I. Petitioner (hereinufter sometimes referred to us "Father") is David W. Thrush, Sr.,
who currently resides ut 972 W. Old York Roud, Curlisle, Cumberland County, Pennsylvunia,
17013.
2. Respondent (hereinufter sometimes referred to as "Mother") is Jill West, who
currently resides at 6608 Pasco Redondo Avenue, EI Puso, Texus, 79912-3232, upon information
and bellef.
3. The child ut issue In this mailer is Duvid W. Thrush, Jr, age 13, having been born
February 20, 1992.
4, An Order of Court dated October 2, IlJ97, was entered In this muller permllling
Futher tcmporury custody periods without supervision und it incorporated the terms of the Order
of Court duted September 4, IlJlJ7. There huve been u number of orders entered in this cuse thut
huve Incorporutcd terms of the prior Orders. See collective Orders ulluched hereto us Exhibit
"A" und incorporuted herein us if fully set forth.
5. Petitioner seeks jolntlegulund primury physlclll custody of the following child:
IUl
~
I!IW
David W. Thrush, Jr.
MUll Pusco Redondo Avcnue
EI Pmio, TX 7lJ912-3232
2/III/U5 to present
6. Thc child wns born of out of wedlock. The purtles nevcr married following the
child's birth,
7. Thc child Is prcsenUy In the prlmury physical custody of Mothcr who rcsides ut,
MUll Puseo Redondo Avenue, EI Puso, Texus, 79912-3232, but only due to the fuct that she
moved the child to the state of Texus ufter telling Futhcr thutthe Child wus going on a one (1)
week trip to visit a sick family membcr.
II. Father avers that Mothcr knowingly, willing, und intentionally violated the current
Order in this case by removing the Child und denying Father his custody periods.
9. Mother hus becn in direct vlolution of the terms of the Order and has rcfused to
comply with the terms of the Order despite Father's request for time with his son.
10. Mother hus ulso violated the spirit of uny custody Order thut requires purents with
shared legal custody to communicate with one another regurding decisions important in their
child's life such us place (and state) of residcnce when Mother moved the child to Texus without
notice to Futher and without his consent.
11. Mother's removal of the child from thc commonweulth of Pennsylvania under
false pretenses and without Futher's proper consent has becn traumatic for the child who has
spent his entire life here in the Mechunicsburg and Carlisle urea.
12. The child has expressed to Futher that hc wishes to return to Pcnnsylvuniu.
13. Mother lied repeutcdly to Futhcr when Futhcr contacted hcr in February to urrunge
for his lime with the child. Mother, who removed thc child from the stute just two (2) days
d. Mother's living situations have bcen lrunslcnt for years. She has movcd from
DlIIsburg to Mcchanicsburg to clIrllslc to Mcchanicsburg again to Lewisberry, and now
Tcxas.
2 J. Due to the significllnt change in circumstllnccs Father sceks to be awarded
primary physical custody of the child with partilll custody with Mother as agreed and shared
legal custody between the parties.
WHEREFORE, Pctitioner, DlIvid W. Thrush, Sr., respectfully requests that this
Honorable Court modify thc current Custody Order such that Father is grunted primary physical
custody with partial custody periods to Mother lInd shared legal custody to both parties and grant
such other relief as this Court deems just and proper.
Respectfully submilled,
LAW FIRM OF LINDA A. CLOTFELTER
Dated: July...!L.. 2005
By:
11\ a A. Clotfelter. squife
Co IIscI for Petitioller
orney J.D. No. 72963
5021 East Trindlc Road, Suite J()O
Mechanicsburg, P A 17050
(717) 796-1930 telephone
(717) 796-1933 fllcsimile
/
ocr a I 1997lY'
JILL WES'l' (WOR'l'HING'1'ON),
Plaintiff
V
tIN 'l'HE COUR'l' OF COHHON PLBAS OF
tCUMBERLAND COUNTY, PBNNSYLVANIA
t
tCIVIL AC'l'ION - LAW
t
:NOt 96-0325 CIVIL 'l'ERN ...-
tNOt 96-0274 CIVIL 'l'ERH
:
t IN CUSTODY
DAVID WILLIAN 'l'HRUSH, SR.,
Defendant
Prior Judget
Kevin A. Hesa
COUR'l' 0RllI:R
AND NOW this z ~ d.y of o~
con.ideration of ~he attached Custody Conciliation
ordered .nd dire<:ted as followst
1. 'l'his Court',,, Order of September 4, 1997 is modified .uch th.t
the re.triction on Father'S periods of temporary custody to be
with parental auperviaion are vacated. Father's perioda of
temporary cu.tody do not have to be under any specific
supervision.
, 1997, Upon
Report, it ia
2. All other ..pects of the September 4, 1997 Order sh"ll rem.in
in effect inClUding the scheduled hearing date of October 27,
1997.
BY 'l'HB COUR'l',
.,4/L
J.
CCt Samuel W. Hilkes, Esquire > ~,;.,
R&becca R. Hughes, Esquire"~,
1'-( .,u.,i ..tJ. ,;}.97
,
'i'';'
EXHIBIT "A"
&SEP 0 31997
JILL WBS7' (WOR7'HINGTON),
Plaintiff
V
tIN 7'/lB COURT OF COMMON PLBAS OF
tCUMBERLAND COUNTY, PBNNSYLVANIA
t
lCIVIL AC7'ION - LAW
t
tNOt 96-0325 CIVIL TBRN
tNOt 96-0274 CIVIL 7'ERN ..../
t
tIN CUS'1'ODY
DAVID WILLIAN 'l'HRUSH, SR.,
Defendant
COUR'l' ORDER
,
AND NOW, this ~ day of \.-~"";'72')Jt(.i"",t), 1997, upon
con.ideration of 1te-attached Custo~~Conciliat~on Report, it is
ordered and directed as follows:
1. A hearing is scheduled in Court Room No. 4 of the Cumberland
CO.llnty Courthouse on the ~lfTIj day of ((!, (/_Ttt.t/ f") , 1997 at
C},dO a.m. at which time testimony will be taken in the above
case. At this hearing, the Hother shall be the moving party
and shall proceed initially with testimony. Counsel for the
parties shall file with the Court and opposing counsel a
memorandum setting forth the history of custody in this case,
the issues currently before the Court, each party's position
on custody, a list of witnesses who will be called to testify
and the anticipated testimony of each witness. 'l'his
memorandum shall be filed at least ten days prior to the
hearing date.
2. Pending further Order of this court, this court's prior Order
of February 14, 1996, shall remain in effect subject to the
following modificationst
A. Father's time with the minor child shall be under
circumstances where the paternal grandparent shall be
present at all times. 'l'his restriction shall continue
Until the date of the hearing in this matter unless there
is a completion of the Children Services and State Police
investigation of the Father. In the event those
investigations determine that there are no charges to be
brought against the Father, Father.s counsel may contact
the Custody Conciliator for a Conciliation via a
telephone conference call where counsel for the parties
and the Conciliator may recommend to the Court an
appropriate modification of this Order in connection with
the nondition of supervised visitation. In the event
there are no charges filed by Children Services and no
charges filed by the Pennsylvania State Police against
the Father and in the event there are no further
allegations raised by the Mother that might merit
supervised ViSitation, it would be anticipated that the
condition of supervised visitation would be eliminated
. .
Upon the Conciliator being advised that Children Services
and the State Police have closed their files and are not
pursuing any case against the Father.
3. In the event either party retains a professional to do a
CU.tody evaluation, the other party shall COoperate and also
ensure the minor child and significant other of that parent
will participate in the evaluation. Cost of the evaluation
Would be paid by the party requesting the evaluation subject
to the understanding that the party may request the Court at
a later date to allocate those expenses.
BY 'l'HE COUR'I',
. /I 1:4
CCt SU.uel W. Hilkes, Esquire _
Rebecca R. Hughes, Bsquire
Hess
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JILL WES'l' (WORTHINGTON) t IN THE COURT OF COMMON PLEAS OF
Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v. . CIVIL AC'l'ION - LAW
.
.
.
DAVID WILLIAM THRUSH, SR., t NO. 96 - 0325 CIVIL 'l'ERH/
Defendant . NO. 96 - 0274 CIVIL TERN
.
.
.
t CIVIL ACTION _ CUSTODY
COURT ORDE~
AND NOW, this /.].. day of .f.......
con.ideration of the attached Custoay Conciliation
ordered and directed as followst
1. This Court's prior order of February 16, 1996 is ratified
subject to the following modifications:
, 1996, upon
Report, it is
A. Paragraph 2 is modified such that the weekend visitation
shall be from Friday at 3 tOO p.m. until Monday at
7:00 a.m. Additionally, the weekday overnights shall be
from Tuesdays and Thursdays at 5:00 p.m. until the
fOllOWing morning at 7:00 a.m.
B. Paragraph 3 (B) is eliminated with the following paragraph
inserted in the Ordert
"'l'he child will be exchanged in a neutral site, agreed
upon by the parties. The parties or any other adult
designated by the respective parties sh~ll handle
eXchange of custody. In the event the parent is not
handling the exchange, that parent shall notify the other
parent in advance as to the name of the individual who
will be handling the exchange. 'l'he parents and any
adults handl,ing the exchitnge of custody shitll not
communicate with each other during exchange of custody.
EXChange shall be handled with the child merely moving
from one vehicle to the other vehicle with no verbal or
other type of communication between the individuals
handling the eXChange."
. DAVID WILLIAM THRUSH, Sa,
Plaintur
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
: NO. 01 '7't CM~ 1996
v.
,
JILL WEST;
Defendant
: OHILD OUSTODY
'I'IlMPOIURV ORDER OF QpUR't
AND NOW, thia --L.1: day of ~oI'i ,1996, pendini further Order of
Court, it ia HEREBY ORDERED AND DECREED as followa:
1.
Plaintur, DAVID WILLIAM THRUSH, SR.. ah
.1. ary
physical cuatody of the au
further
USH, JR., untU
2.
her Order of Court, Defe
e
, ahall be entitled
t to a.chedule lII1'eed upon
to rirhta orviaitation wit
uect minor c
betw
e partiea.
. .
8. Pendinifurther Order of Court, the mother, JILL WEST" ia directed not
to move the child trom Cumberland County, Penna)'lvania.
4. It ia further directad that ahould the partiea eetabliah a written
lII1'eement as to exchangea of cuatody of the minor child, this agreement shall be
enforceable, until auch time as further Order of Court ia entered.
"
BY THE COURT:
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RECEIVED OCT 052005
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: INn..: COlIRT m' ('OMMON I'I.EAS
: ('III\III":RI.ANI) COlINTY, PENNSYI,v ANIA
: 96.274 nVII. AcnON -I.A W
IN ClJSTOUY
.:::" "
I)A VII) WILLIAM TlIRlJSII, SR,
Phllntlff
.IILL WEST,
Uefendllnt
emiR'" ORm:R
ANIJ NOW, this I'J,' dll)' of Oetober, 200~, upon eonslderlltion of the IIttllehed
('ustod)' Conellllltlon Report, It Is ordered IInd dlrerted thllt 1111 prior Custody Orders In this
ellse lire vllellted IInd repllleed with the followlnl( Order:
I, The Fllther, 1J1I\'ld Wlllillm Thrush, Sr" Ilnd the Mother, .1111 West, shllll enjoy shllred
lealll eustod)' of ()1I\'ld W, Thrush, .Ir., born Februllr)' 20, 1992.
2, The Mother shllll enjoy prlmllry ph)'slelll eustod)' of the minor ehlld.
.], The Fllther shllll enjo)' periods of temporlll')' ph)'sielll eustod)' of the minor ehlld liS
follows:
A. On the Chrlstmlls hollda)', from the dllY lifter Christmas until the dllY hefore the
ehlld Is seheduled to return to sehoolln Texlls.
H. ()urlna the summer months, eil(ht dllYs from when the ehlld Is relellsed from
sehool In TelliS until ell(ht dll)'s before the ehlld needl to return to sehool In
Texlll.
C. At lueh other tlmel III IIl(rfed upon by the Pllrtles.
... For trllnlportlltlon for ellehllnl(e of eustody, the pllrtles Ihlllllhllre the eOlt with Mother
Ineurrlna 7~% of the IIlrfllre IInd Fllther Ineurrlna 2~% of the IIlrfllre. Mother shllll
purehllse the tleket IInd pro\'lde Fllther with verinelltlon of the eOlt. Fllther shllll PIlY the
money dlreetly to Mother for reimbursement of the eost within nfteen dll)'s of reeelpt of
verlnelltlon thllt Mother hilI purehllsed the t1eket.
~. Mother shllll ensure thllt "'lither hilI telephone numbers for the Mother's home IInd II
eell phone to eontllrt the minor ehlld. Mother Ihllll 11110 prll\'lde Fllther with 1111
pertinent Informlltlon eoneernlnl( the ehlld'l eduelltlon, helllth IInd other relllted Items.
Mother shllll enlure thllt Father enjo)'s rellsonllble telephone eontllet with the minor
ehlld, IInd Mother shllll eneourllKe the minor ehlld tolnltlllte II phone ellll to the "'lither.
6. In the event either pllrt)' dellrel to modlf)' this Order, thllt pllrt)' mil)' petition the Court
to hllve the ellle IIKllln seheduled with the (:ustod)' Conellllltor for II eonferenee.
Ce: v6ndll A, Clotfelter, Esquire .. ~?
&.ot6'lIdle)' I.. (irlffie, Esquire (;
IIYT11~; ;4
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.
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1M VII) WILLIAM 'I'IIR1JSII, SR.
Pllllntlff
V.
: IN TIlE COURT OF COMMON PLEAS
: C1JMIIERLANU COlINTY, p":NNsnv ANIA
: 96.274 CIVIl. ACTION - LAW
JIU. WEST,
Uefendllnt
: IN ClJSTOI)V
Prior .Iudae: 'I'he IIl1nllrllble I\e\'ln A. lIess
ClJSTOUV CONCILIATION RF.POIU
IN ACCOR()ANCE WITH TilE ClJMHERLANI) COUNTY CIVIl. RULE OF
PROCEUURE 191~.3.8(B), the undersigned Custod)' Condlllltor submits the fOllo,,'lnK report:
I. The pertinent Informlltlon pertalnlna to the ehlld ",hols the lubjeet ofthlslltlKlltlon Is liS
rollo,,'s:
1)1I\'ld W. Thrush, Jr., born Fehrullry 20, IlJlJ2
2. A Conellllltlon Conferenee "'liS held Septemher 29, 200~. Present were:
The Father, ()lIvld Wllllllm Thrush, Sr., with hll eounsel, L1ndll A. Clotfelter, Esquire
The Mother, .JIII West, ,,'Ith her eounsel. Brlldley I.. (irlffie, Esquire
3. The pllrtles "Kree to the entry of IIn Order In the form liS IIttllehed.
lIubert X. IrIlY, Esquire
CUltod)' -lIndlllltllr
Ullte: 10,. 1... 0 r
DA VID WILLIAM TIIRUSII. JR,
PLAINTIFF
IN TilE couln OF COMMON I'I.EAS OF
CUMBERLAND COUNTY, I'ENNSYLVANIA
v,
96-274
CIVIL ACTION LAW
JILL WEST
IN CUSTODY
DEFENDANT
ORnF.R OF' COlIRT
AND NOW. Thursday. Seplember O~ 200~_. upon cOl1sidernlion of Ihe uttuehed COl11pluil1l.
ilis hereby directed thul purties und Iheir respective eounselnppenr bclilre Huberl X. Gilroy, Esq. . thc conciliulor.
III 4lh Floor, Cumberland County Courthouse, Cullsle on Thursday. Seplember 29. 2005 ul to:30 AM
for a I'rc.llcurinll Cuslody Confercncc, At such conlerencc. un cflilrt will bc I11nde 10 resolve Ihe issues in dispule; or
if Ihis cannol be uccol11pllshed. to deline und narrow the issues 10 be henrd by the court. and 10 enler into nlel11porary
ordcr, All children aile live or older mnv nlso be prcsentntlhe conlerence, Fnilure 10 uppeur ullhe conference muv
providc Ilrounds lor cnlry of nlel11porury or penTIunenlorder,
The court hereby directs the purtlcs to furnllb uny und ull edsllng Proleellon from Abusc orders,
Specllll Relief orders.llnd Custody ordcrs to tbe eonclll.tor 48 hours prior to schc,tulcd heurhlll.
FOR nlE COURT,
By: 1.1
Huber' X Gi/[9y,. Esq. .y
Custody Concilinlor
The Court ol'Col11ll1on Plcns ol'Cumberlund County is required by Inw 10 cOl11ply with the Americuns
wilh Disablliles ActoI' 1990, For inlilnuulion nboutnccessiblc I'ucilities nnd rensonnble nccolllmodulions
nvailuble 10 disublcd individuals hnvinll business beli're Ihc court, pleasc contnct our otlice, Allurrnnllements
I11USI bc mnde nllenst 72 hours prior lonny heurinll or business befilre the court, You mustuttcnd thc schcdulcd
conference or henrinll.
YOU SHOULD TAKE THIS I'A"ER TO YOUR A'lTORNEY AT ONCE, IF YOU DO NOT
HA VE AN A'lTORNEY OR CANNOT AFFORD ONE. GO TO OR TELEI'IIONE TIlE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELI',
Cumberlnnd County Bur Associlllinn
31 South Bcdli.rd Street
Cllrllsle. Pennsylvnnin 171113
Telephone (717) 149-3166
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'6
VI.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTV,PENNSYLV ANIA
: NO. 274 CIVIL 1996
DA VlD WILLIAM THRUSH, SR.,
P1l1lntlff/Petltloner
JILL WEST,
Defendllnt/Respondent
: CIVIL ACTION - LAW
: CUSTODY
NOTICE AND ORDER TO APPEAR
Legal proceedings have been broughl againsl you alleging you have willfully disobeyed an order
of this court, If you wish 10 defend agalnsllhe claims sel forlh in Ihe following pages, you may, bul are
nol required, to file in wriling with Ihe court your defenses or objeelions,
Whether or nol you file in writing wilh the courl your defenses or objecllon~, It is hereby direcled
that Ihe parlies and their respective counsel appear before the Honorable Judge
t ul l
Cumberland Counly Courthouse. One Courlhouse Square, Carlisle, Pennsylvania 17013. on Ihe _ day
of . 2IKI_, al_, 01" for a Hearing,
BY THE COURT,
J.
IF YOU DO NOT APPEAR IN PERSON. HIE COURT MAY ISSUE A WARRANT FOR YOUR
ARREST. If the courl finds Ihal you have willfully failed 10 comply with its order. you may be found in
contempt of courl and connnilled to jail. fined or bOlh,
AMERICANS WITH DISABILITIES ACT OF 1990
The Courl of Common Pleas of Perry County is required by law to comply with the American with
Disabilities Act of 1990, For information aboul accessible facilities and reasonable uceommodations
uvailable to disabled individuuls having business before Ihe court, please coni act our office. All
urrungemenls must be made at least 72 hours prior to any hearing or business before the court, You musl
ullend Ihe scheduled conference or hearing.
YOU SHOULD TAKE TillS P<\PER 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 "'INI) OUT WIIERE YOU CAN GET LEGAL IIELP.
LAWYER REFERRAL SERVICE
of the Cumberlund County Bur Associution
32 South Bedford Street
Curlisle, PA 1711\3
Telephone (llllO).l)l)O.lj IIIll
DAVID WILLIAM TflRUSII, SR.,
Plaintiff/Petitioner
: IN TilE COURT OF COMMON PLEAS OF
I CUMBERlAND COUNTY,PENNSYLVANIA
:
: NO. 274 CIVIL 1996
:
: CIVIL ACTION - LA W
: CUSTODY
vs.
JILL WEST,
Defendllnt/Respondent
NOTICIA
USTED HA SIOO DEMANDADO/A EN CORTE, Si usted deseu defenderse de Ius
demundas que se presentun mus udelunle en Ius siguienles puginus, de be tomur uccion dentro de
los proximos veinte (20) dius despues de lu nolificucion de estu Demundu y Aviso rudicundo
personulmenle 0 por medio de un ubogudo unu compurecenciu escritu y rudicundo en lu Corle
por escrito sus defensus de, y objecciones u. Ius demundus presentudus uqui en conlra suyu, Se Ie
advierle de que si usted fullu de tomur uccion como se describe unteriormenle, el caso puede
proceder sin usted y un fallo por cuulquier sumu de dinero reclumudu en lu demundu 0 cuulquier
olra reclamacion 0 remedio solicitudo por el demundunte puede ser dicludo en contru suyu por la
Corte sin mas uviso adicionul. Usted puede perder dinero 0 propiedud u olros derechos
importantes pura usted,
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME 0 V A Y A A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE
CUALlFICAN.
LAWYER REFERRAL SERVICE
of the Cumberlund Counly Bur Associulion
32 South Bedford Slreet
Curlisle, PA 171113
Telephone (1l01l)-990-9 lOll
S. In violation of the present Custody Order Mother has denied Plaintiff Father his
court ordered lime with the Child,
6, Mother has also violated the Order by removing the Child from the
Commonwealth and relocating him, upon information and belief to Mother's relatives' home at
6608 Paseo Redondo Avenue, EI Paso. Texas, 79912-3232, Mother did this after telling Father
that the Child was going on a one (I) week trip to visit a sick family member in February of this
year, and Ihe Child has not been returned to the Commonwealth,
7, Father avers Ihat Mother knowingly, willing, and intentionally violated the current
Order in this case by removing the Child and denying Father his custody periods,
8. Mother has been in direct violation of the terms of the Order and has refused to
comply with the lerms of Ihe Order despile Father's requesl for time with his son.
9, Mother has also violated the spirit of any custody Order Ihat requires parents with
shared legal custody to communicate with one another regarding decisions important in Iheir
child's life such as place (and state) of residence when Mother moved the child to Texas without
notice to Father and without his consent,
10, Mother's removal of the child from the Commonwealth of Pennsylvania under
false pretences and without Father's proper consent has been traumatic for the child who has
spent his entire life here in the Mechanicsburg and Carlisle area.
11. The child has expressed to Futher that he wishes to return to Pennsylvania
ulthough upon information and belief, Mother und her family in Texas have been coercing Ihe
child the slate that he wishes 10 remllin there,
12. Mother lied repelltedly to Father when FlIther contllcled her in February to arrange
for his lime with Ihe child. Mother, who removed the child from Ihe state just two (2) dllYs
before the child's birlhday, told Futher that the child would return on Monday, yelthe child did
not return,
13. Mother ulsolied und suid that she wus in Texus with the child, but Futher leurned
through u third party that Mother was in Lcwisberry, Pennsylvunla ut her home while the child
wus in Texus with Mother's relatives,
14, It wus not until two (2) weeks later when Futher kept culling Mother to urrunge
for his lime with his son thuI Mother finally admllled thut she wanted to move 10 Texus,
15. Upon informutlon und belief, Mother remuined in Pennsylvunia unlil
approximately mid-April, while the child was in Texus with Mother's relutives,
16, Falher never agreed that Mother could move Ihe child to Texas,
17, Due to financial difficulties, Father could not pursue litigution Immediately to
modify the Order or to force Mother to return the child to the Commonwealth of Pennsylvania
1 II. Falher's only contact with Ihe Child has been by telephone and the telephone
conlact has been difficult and sporadic,
19, The parties specifically discussed having the Child returned to Pennsylvania and
Mother agreed to do same, only 10 later refuse. Father now seeks to huve Mother found in
conlcmptand have this Courl Order the return of the Child to the Commonweallh,
20. Father has also sought to have the Custody Order modified by filing a Pelition for
Modification. only to have the conciliation continued III Defendant's counsel's request.
WHEREFORE, Petitioner, David W, Thrush, Sr" respectfully requests Ihat this
Honorable Court find Defendant Jill Westin contempt if this Court's Custody Order, order thut
the Child be returned to the Commonweulth of Pennsylvuniu, sunctlon Defendunt to the fullest
extent permissible under the luw, und grant such other relief us this Court deems justund proper.
Respectfully submitted,
LAW FIRM OF LINDA A, CLOTFELTER
Dated:
7/1 'S If)"
f
. 2005
By:
indu ,Clotfelter, squire
OIlfU'L'/ for Petitiof/er
ttorney 1.0, No. 72963
5021 East Trindle Roud, Suite 11I0
Mechanlcsburg, PA 17050
(717) 796.1930 telephone
(717) 796.1933 fucsimile
DAVID WILLIAM TIIRUSH, SR.,
PIaI.tllrlPetltloner
n.
: IN nit: COURT OF COMMON PLEAS OF
: CUMBERLAND COlJNTV,Pfo:NNSVLV ANIA
: NO. 174 CIVIL 1996
: CIVil. ACTION - LA W
: CUSTOI)V
JILL WEST,
IJelend.ntIRnpondent
VERI FICA nON
I. David W. Thrush. Sr,. verify that the statements in the foregoing document arc true and
correetto the best of my knowledge. infonnation und belief, I understand that false statements
herein arc made subjcctto the penalties of 18 Po. C,S. ~ 4904, relating to unsworn falsification to
authorities.
Date: ? !t~t9
Z2. /~
DA VID W. THRUSH. SR.
&SEP 0 3 1997
,JILL WEST (WORTHINGTON),
Plaintiff
v
: IN THE COURT OF COMMON PLEAS OF
lCUMBERLAND COUNTY, PENNSYLVANIA
1
:CIVIL ACTION - LAW
DAVID WILLIAN THRUSH, SR.,
Defendant
.
.
tNO:
:NO:
96-0325 CIVIL TERM /
96-0274 CIVIL TERM ~
1
lIN CUSTODY
j
,
I
I
1
COC1R7' O~
AND -, 'hl, yO{ d.y 0' ~""'ln.(;"t), 1997, opon
oonsideration of the attaohed CUstody Conoiliat~on Report, it is
ordered and direated as follows:
1.
f
A hearing is saheduled in Court Room No. 4 of the CUmberland
CO.llnty COurthouse on the <<''1"to5 day of ((l(T.7AIII'A) , 1997 at
9,'00 <<,0, .. vhlch ".. ""ioo.y v", Os ',k,. 1. 'h, .hov,
aase. At this hearing, the Mother shall be the moving party
and shall proaeed initially with testimony. counsel for the
parties shall file with the Court and opposing aounsel a
memorandum setting forth the history of austody in this aase,
the issues aurrently before the Court, eaah party's Position
on austody, a list of witnesses who will be aalled to testify
and the antiaipated testimony of eaah witness. This
memorandum shall be filed at least ten days prior to the
hearing date.
2, ".dl.g 'Ortbsr Ordor 0' 'hl. Coort, 'hl, COOrt', Prior Ord..
of February 14, 1996, shall remain in effeat subject to the
following modificationsl
A.
Father'S time with the minor ahild shall be under
ciraumstanaes where the paternal grandparent shall be
present at all times. This restriction shall aontinue
until the date of the hearing in this matter unless there
is a completion of the Children Serviaes and State Poliae
investigation of the Father. In the event those
investigations determine that there are no aharges to be
brought against the Father, Father'S counsel may aontaat
the CustOdy Conailiator for a Conailiation via a
telephone aonferenae oall where counsel for the parties
and the Conciliator may recommend to the Court an
appropriate modifioation of this Order in aonnection with
the aondition of sUpervised visitation. In the eVent
there are no charges filed by Children Serviaes and no
aharges filed by the Pennsylvania State Poliae against
the Father and in the eVent there are no further
allegations raised by the Mother that might merit
SUpervised ViSitation, it Would be anticipated that the
condition of sUpervised visitation Would be eliminated
;;
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JILL WEST (WORTHING'I'ON) . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff : CUMBERLIIND COUNTY, PENNSYLVANIA
:
v. : CIVIL AC'1'ION - LAW
.
.
DAVID WILLIAM THRUSH, SR., . NO. 96 - 0325 CIVIL TERM./"
.
Defendant . NO. 96 - 0274 CIVIL TERM
.
.
.
. CIVIL ACTION - CUS'1'ODY
.
COURT ORDE~
AND NOW, this IJ" day of <1_
consideration of the attached Custoay Conciliation
ordered and directed as follows:
, 1996, upon
Report, it is
1. '1'his Court's prior order of February 16, 1996 is ratified
subject to the fOllowing modifications:
A. Paragraph 2 is modified such that the weekend visitation
shall be from Friday at 3:00 p.m. until Monday at
7:00 a.m. Additionally, the weekday overnights shall be
from Tuesdays and Thursdays at 5:00 p.m. until the
fOllowing morning at 7:00 a.m.
B. Paragraph 3(8) is eliminated with the following paragraph
inserted in the Order:
"The child will be exchanged in a neutral site, agreed
upon by the parties. The parties or any other adult
designated by the respective parties shall handle
exchange of custody. In the event the parent is not
handling the exchange, that parent shall notify the other
parent in advance as to the name of the individual who
will be handling the exchange. The parents and any
adults handling the exchange of custody shall not
communicate with each other during eXChange of custody.
EXChange shall be handled with the child merely moving
from one vehicle to the other vehicle with no verbal or
other type of communiciltion between the indiViduals
handling the exchange."
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DAVID WILLIAM THRUSH, SR.,
Plaintiff/Petitioner
vs.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLV ANIA
NO. 274 CIVIL 1996
JILL WEST,
DefendantfRespondent
CIVIL ACTION - LAW
CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you, You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the DefendantfPetitioner. You may lose money or property or other rights
important to you,
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.
LAWYER REFERRAL SERVICE
of the Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
Telephone (800)-990-9108
DAVID WILLIAM THRUSH, SR.,
Plaintiff/Petitioner
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
NO, 274 CIVIL 1996
JILL WEST,
Defendant/Respondent
CIVIL ACTION - LAW
CUSTODY
NOTICIA
USTED HA SIDO DEMANDADO/A EN CORTE, Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes pagillas, debe tomar accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya, Se Ie
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier
otra reclamacion 0 remedio solicitado por el demandante puede ser dietado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos
importantes para usted,
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO,
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCrAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE
CUALIFICAN,
LAWYER REFERRAL SERVICE
of the Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone (800)-990-9108
DAVID WILLIAM THRUSH, SR.,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLV ANIA
vs.
NO. 274 CIVJ[L 1996
JILL WEST,
Defendant/Respondent
CIVIL ACTION - LAW
CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
AND NOW, comes Plaintiff/Petitioner, David W, Thrush, Sr., by and through his
counsel, Linda A. Clotfelter, and files this Petition for Modification of Custody Order, stating in
support thereof the following:
1. Petitioner (hereinafter sometimes referred to as "Father") is David W, Thrush, Sr"
who currently resides at 972 W, Old York Road, Carlisle, Cumberland County, Pennsylvania,
17013,
2, Respondent (hereinafter sometimes referred to as "Mother") is Jill West, who
currently resides at 6608 Paseo Redondo Avenue, EI Paso, Texas, 79912-3232, upon information
and belief,
3, The child at issue in this matter is David W, Thrush, Jr, age 13, having been born
February 20, 1992,
4, An Order of Court dated October 2, 1997, was entered in this matter permitting
Father temporary custody periods without supervision and it incorporated the terms of the Order
of Court dated September 4, 1997, There have been a number of orders entered in this case that
have incorporated terms of the prior Orders, See collective Orders attached hereto as Exhibit
"A" and incorporated herein as if fully set forth.
5, Petitioner seeks joint legal and primary physical custody of the following child:
Name
Present Residence
Dates
David W, Thrush, Ir,
6608 Paseo Redondo Avenue
EI Paso, TX 79912-3232
2/18/05 to present
6, The child was born of out of wedlock, The parties never married following the
child's birth,
7, The child is presently in the primary physical custody of Mother who resides at,
6608 Paseo Redondo Avenue, EI Paso, Texas, 79912-3232, but only due to the fact that she
moved the child to the state of Texas after telling Father that the Child was going on a one (1)
week trip to visit a sick family member,
8, Father avers that Mother knowingly, willing, and intentionally violated the current
Order in this case by removing the Child and denying Father his custody periods.
9, Mother has been in direct violation of the terms of the Order and has refused to
comply with the terms of the Order despite Father's request for time with his son,
10, Mother has also violated the spirit of any custody Order that requires parents with
shared legal custody to communicate with one another regarding decisions important in their
child's life such as place (and state) of residence when Mother moved the child to Texas without
notice to Father and without his consent.
11. Mother's removal of the child from the Commonwealth of Pennsylvania under
false pretenses and without Father's proper consent has been traumatic for the child who has
spent his entire life here in the Mechanicsburg and Carlisle area,
12. The child has expressed to Father that he wishes to return to Pennsylvania,
13, Mother lied repeatedly to Father when Father contacted her in February to arrange
for his time with the child, Mother, who removed the child from the state just two (2) days
before the child's birthday, told Father that the child would return on Monday, yet the child did
not return,
14, Mother also lied and said that she was in Texas with the child, but Father learned
through a third party that Mother was in Lewisberry, Pennsylvania at her home while the child
was in Texas with Mother's relatives,
15, It was not until two (2) weeks later when Father kept calling Mother to arrange
for his time with his son that Mother finally admitted that she wanted to move to Texas,
16, Upon information and belief, Mother remained in Pennsylvania until
approximately mid-April, while the child was in Texas with Mother's relatives,
17, Father never agreed that Mother could move the child to Texas,
18, Due to financial difficulties, Father could not pursue litigation immediately to
modify the Order or to force Mother to return the child to the Commonwealth of Pennsylvania
19, The parties specifically discussed having the Child returned to Pennsylvania and
Mother agreed to do same, only to later refuse, Father now seeks to have primary physical
custody, with partial custody to Mother as mutually agreed upon by the parties,
20, It is in the best interest of the child to modify the current Custody Order such that
Father is granted primary physical custody for the following reasons:
a, Father is able to provide the child with a stable home in the community in which
the child was born and raised,
b, It is extremely important for the child to have a stwng and consistent relationship
with both parents, Father as the primary custodial parent would encourage the child's
relationship with Mother and her family while Mother has thwarted Father's efforts to see
his son since she removed the child from the state without properly notifying Father.
c, Mother has acted with a complete disregard for the best interest of the child and
has shown no consideration for the child and his relationship with his Father. She has
also shown a complete disregard for the authority of this court by ignoring its directives
in this case,
d, Mother's living situations have been transient for years, She has moved from
DilIsburg to Mechanicsburg to Carlisle to Mechanicsburg again to Lewisberry, and now
Texas,
21. Due to the significant change in circumstances Father seeks to be awarded
primary physical custody of the child with partial custody with Mother as agreed and shared
legal custody between the parties,
WHEREFORE, Petitioner, David W, Thrush, Sr" respectfully requests that this
Honorable Court modify the current Custody Order such that father is granted primary physical
custody with partial custody periods to Mother and shared legal custody to both parties and grant
such other relief as this Court deems just and proper.
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFELTER
Dated: July~, 2005
By:
111 a A. Clotfelter, squire
Co nse! for Petitioner
orney 1.D, No, 72963
5021 East Trindle Road, Suite 100
Mechanicsburg, P A 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
DAVID WILLIAM THRUSH, SR.,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAlI/D COUNTY,PENNSYL VANIA
vs.
NO. 274 CIVIL 1996
JILL WEST,
Defendant/Respondent
CIVIL ACTION -LAW
CUSTODY
VERIFICATION
I, David W, Thrush, Sr" verify that the statements in the foregoing document are true and
correct to the best of my knowledge, information and belief, I understand that false statements
herein are made subject to the penalties of 18 Pa, C,S, g 4904, relating to unsworn falsification to
authorities,
Date: 7/ Ir/ 0')
( ,
~~,~
DAVID W, THRUSH, SR.
,,/
OCT 0 1 1997DV
JILL WEST (WORTHINGTON),
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
:CIVIL ACTION - LAW
:
DAVID WILLIAM THRUSH, SR.,
Defendant
:NO:
:NO:
96-0325 CIVIL TERM
96-0274 CIVIL TERM ~
.
.
: IN CUSTODY
prior Judge:
Kevin A. Hess
COURT ORDER
.
AND NOW this z ll!' day of o~. , 1997, upon
consideration of the attached Custody Conciliation Report, it is
ordered and dire~ted as follows:
1. This Court'.'F. Order of September 4, 199 i' is modified such that
the restriction on Father's periods of temporary custody to be
with parental supervision are vacated. Father's periods of
temporary custody do not have to be under any specific
sl:pervision.
2. All other aspects of the September 4, 1997 Order shall remain
in effect including the scheduled hearing date of October 27,
1997.
cc: Samuel W. Milkes, Esquire
R~becca R. Hughes, Esquire
BY THE COURT,
/ ,AIL
r' Hess
> ~ 4;u.u. "0,';:; '''7
'1'~'
J.
EXHIBIT "A"
&SEP 031997
JILL WEST (WORTHINGTON) r
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
:CIVIL ACTION - LAW
:
DAVID WILLIAM THRUSH, SR.,
Defendant
:NO:
:NO:
96-0325 CIVIL TERM
96-,0274 CIVIL TERM ..,/'
.
.
: IN CUSTODY
COURT ORDER
AND NOW, this IfC1 day of 4~"J7'L/I'U')' 1997, upon
consideration of the attached Custody Conciliation Report, it is
ordered and directed as follows:
1. A hearing is scheduled in Court Room No. 4 of the Cumberland
County Courthouse on the ,xq-t<l day of (f!.JI~1;tJ fA) , 1997 at
Q,30 a,m. at which time testimony will be taken in the above
case. At this hearing, the Mother shall be the moving party
and shall proceed initially with testimony. Counsel for the
parties shall file with the Court and opposing counsel a
memorandum setting forth the history of custody in this case,
the issues currently before the Courtr each party's position
on custody, a list of witnesses who will be called to testify
and the anticipated testimony of each witness. This
memorandum shall be filed at least ten days prior to the
hearing date.
2. Pending further Order of this Courtr this Court's prior Order
of February 14, 1996, shall remain in effect subject to the
following modifications:
A. Father's time with the minor child shall be under
circumstances where the paternal grandparent shall be
present at all times. This restriction shall continue
until the date of the hearing in this matter unless there
is a completion of the Children Services and State Police
investigation of the Father. In the event those
investigations determine that there are no charges to be
brought against the Fatherr Father's counsel may contact
the Custody Conciliator for a Conciliation via a
telephone conference call where counsel for the parties
and the Conciliator may reconunend to the Court an
appropriate modification of this Order in connection with
the condition of supervised visitatc[on. In the event
there are no charges filed by Children Services and no
charges filed by the Pennsylvania State Police against
the Father and in the event ther.3 are no further
allegations raised by the Mother that might merit
supervised visitation, it would be anticipated that the
condition of supervised visitation would be eliminated
upon the Conciliator being advised that Children Services
and the State Police have closed their files and are not
pursuing any case against the Father.
3. In the event either party retains a professional to do a
custody evaluation, the other party shall cooperate and also
ensure the minor child and significant other of that parent
will participate in the evaluation. Cost of the evaluation
would be paid by the party requesting the evaluation subject
to the understanding that the party may request the Court at
a later date to allocate those expenses.
cc: Samuel W. Milkes, Esquire _
Rebecca R. Hughes, Esquire
BY THE.' COURT,
i-. ;1 d-
J.
4--',r~ 9'/S/<(1,
.,.J ,If .
_1~i;~: b
JILL WEST (WORTHINGTON)
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
:
v.
:
CIVIL ACTION - LAW
.
.
DAVID WILLIAM THRUSH, SR'r
Defendant
.
.
NO. 96 - 0325 CIVIL TERM. /'
NO. 96 - 0274 CIVIL TERM/'
:
:
: CIVIL ,ACTION - CUSTODY
COURT ORDER
AND NOW, this / 3 ~ day of 1........
consideration of the attached Custoay Conciliation
ordered and directed as follows:
r 1996 r upon
Report, it is
1. This Court's prior order of February 16, 1996 is ratified
subject to the following modifications:
A. Paragraph 2 is modified such that the weekend visitation
shall be from Friday at 3 :00 p.m. until Monday at
7:00 a.m. Additionally, the weekday overnights shall be
from Tuesdays and Thursdays at 5 :00 p.m. until the
following morning at 7:00 a.m.
B. Paragraph 3 (B) is eliminated wi th the following paragraph
inserted in the Order:
"The child will be exchanged in a neutral site, agreed
upon by the parties, The partie:~ or any other adul t
designated by the respective parties shall handle
exchange of custody. In the event the parent is not
handling the exchange, that parent shall notify the other
parent in advance as to the name of the individual who
will be handling the exchange. The parents and any
adults handling the exchange of custody shall not
communicate with each other during exchange of custody.
Exchange shall be handled with the child merely moving
from one vehicle to the other vehicle with no verbal or
other type of communication between the individuals
handling the exchange."
C. The following paragraph shall be added to the Order:
6. In the event the custodial parent is working and
has the child scheduled to be taken care of with a
daycare or babysitting facility, the custodial
parent shall give the non-custodial parent the
first option to provide daycare or babysitting for
the child.
D. Pursuant to an agreement by the parties, the Petitions
for Criminal Contempt which were filed by each party are
hereby dismissed. Specifically, this includes the charge
of Criminal Contempt filed against Jill Worthington and
the charge of Criminal Contempt filed against David W.
Thrushr Sr. The dismissal of these charges is done in
accordance with agreement of both parties and in
agreement with the Cumberland County District Attorney's
Office, which agreement was indicated to the Custody
Conciliator.
BY THE COURTr
co:
Matthew J. Eshelman, Esquire
Samuel W. Milkes, Esquire
Michael Schwoyer, Esquire
~: /l /01.- .
Ke7 A. Hess, J. ,
_ ~,~"'/;'1/(j"',
...6. f' '
DA VID WILLIAM THRUSH, SR,
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, (;1 '7<{- CML 1996
,
,
JILL WEST,
Defendant
: CHILD CUSTODY
TEMPORARY ORDER OF COURT
.
AND NOW, this ~ day of
.......
.J6-.."~ ,1996, pending further Order of
Court, it is HEREBY ORDERED AND DECREED ael follows:
1, Plaintiff, DAVID WILLIAM THRUSH, ~R~, shall h,mo telfl}.."'L<uy.pnmary
physical custody of the su '
or c
iVIUIAH '1'HRUSH, JR" until
~
r of Court,
2,
e
her Order of Court, Defen ~J-ILL WJ:!itlT, shall be entitled
to rights of visitation wit
~ ect miIior c
l1<w!.to a~ch~_agreed upon
betwe e parties,
----
3, Pending further Order of Court, the moth'ar, JILL WEST, is directed not
to move the child from Cumberland County, Pennsylvania,
o
4, It is further directed that should the parties establish a written
agreenlent as to exchanges of custody of the minor child, this agreement shall be
enforceable, until such time as further Order of Court is entered,
BY THE COUR1r:
I
!T'RUE COf:tY FROM RECORD
~ Testimony Wher8Of. I here unto set my twIo
rid Iht seal C4 said Coo At CartlsIe. Ja, c/
. - -( ~oJ
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DA VlD WILLIAM THRUSH, SR,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUJ\TY, PENNSYLVANIA
v,
96-274
CIVIL ACTION LAW
JILL WEST
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW,
Wednesday, July 20, 2005
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X, Gilroy, Esq,
at 4tb Floor, Cumberland County Courtbouse, Carlisle on Friday, August 26, 2005
, the conciliator,
at 8:30 AM
for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or
ifthis cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference, Failure to appear at the conference may
provide grounds for entry of a temporary or penn anent order.
The court hereby directs tbe parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearing,
FOR THE COURT,
By: Isl
Hubert X. Gilroy. Esq.
Custody Conciliator
/
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990, For infonnation about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please ,~ontact our office, All arrangements
must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR A TTORNEY AT ONCE, IF YOU DO NOT
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, pennsylvania ] 7013
Telephone (717) 249-3166
. ~ ~. # ~ ~ 4ir 5Gl-/t"L
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DAVID WILLIAM THRUSH, SR.,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLV ANIA
vs.
NO. 274 CIVIL 1996
JILL WEST,
Defendant/Respondent
CIVIL ACTION -LAW
CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you, You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the Defendant/Petitioner, You may lose money or property or other rights
important to you,
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.
LAWYER REFERRAL SERVICE
of the Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone (800)-990-9108
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY ,PENNSYLVANIA
: NO. 274 CIVIL 1996
DAVID WILLIAM THRUSH, SR.,
Plaintiff/Petitioner
JILL WEST,
Defendant/Respondent
CIVIL ACTION -LAW
CUSTODY
NOTICIA
USTED HA smo DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya, Se Ie
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero redamada en la demanda 0 cualquier
otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya par la
Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos
importantes para usted,
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO,
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE
CUALIFICAN,
LAWYER REFERRAL SER VICE
of the Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
Telephone (800)-990-9108
DAVID WILLIAM THRUSH, SR.,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
vs.
NO. 274 CIVIL 1996
JILL WEST,
Defendant/Respondent
CIVIL ACTION - LAW
CUSTODY
PETITION FOR CONTEMPT OF CUSTODY ORDER
AND NOW, comes Plaintiff/Petitioner, David W, Thrush, Sr., by and through his
counsel, Linda A. Clotfelter, and files this Petition for Contempt of Custody Order, stating in
support thereof the following:
1. Petitioner (hereinafter sometimes referred to as "Father") is David W, Thrush, Sr"
who currently resides at 972 W, Old York Road, Carlisle, Cumberland County, Pennsylvania,
17013.
2, Respondent (hereinafter sometimes referred to as "Mother") is Jill West, who
currently resides at 6608 Paseo Redondo Avenue, El Paso, Texas, 79912-3232, upon information
and belief.
3. The child at issue in this matter is David W, 'Thrush, Jr, age 13, having been born
February 20,1992,
4, An Order of Court dated October 2, 1997, was entered in this matter permitting
Father temporary custody periods without supervision and it incorporated the terms of the Order
of Court dated September 4,1997. There have been a number of orders entered in this case that
have incorporated terms of the prior Orders, See collective Orders attached hereto as Exhibit
"A" and incorporated herein as if fully set forth,
5, In violation of the present Custody Order Mother has denied Plaintiff Father his
court ordered time with the Child,
6, Mother has also violated the Order by removing the Child from the
Commonwealth and relocating him, upon information and bdief to Mother's relatives' home at
6608 Paseo Redondo Avenue, EI Paso, Texas, 79912-3232, Mother did this after telling Father
that the Child was going on a one (1) week trip to visit a sick family member in February of this
year, and the Child has not been returned to the Cornmonweallth,
7, Father avers that Mother knowingly, willing, and intentionally violated the current
Order in this case by removing the Child and denying Father his custody periods,
8, Mother has been in direct violation of the telrns of the Order and has refused to
comply with the terms of the Order despite Father's request for time with his son,
9, Mother has also violated the spirit of any custody Order that requires parents with
shared legal custody to communicate with one another regarding decisions important in their
child's life such as place (and state) of residence when Mother moved the child to Texas without
notice to Father and without his consent.
10, Mother's removal of the child from the Commonwealth of Pennsylvania under
false pretences and without Father's proper consent has been traumatic for the child who has
spent his entire life here in the Mechanicsburg and Carlisle area,
11. The child has expressed to Father that he wishes to return to Pennsylvania
although upon information and belief, Mother and her family in Texas have been coercing the
child the state that he wishes to remain there,
12, Mother lied repeatedly to Father when Father contacted her in February to arrange
for his time with the child, Mother, who removed the child from the state just two (2) days
before the child's birthday, told Father that the child would return on Monday, yet the child did
not return,
13, Mother also lied and said that she was in Texas with the child, but Father learned
through a third party that Mother was in lewisberry, Pennsylvania at her home while the child
was in Texas with Mother's relatives,
14, It was not until two (2) weeks later when Father kept calling Mother to arrange
for his time with his son that Mother finally admitted that she wanted to move to Texas,
15, Upon information and belief, Mother remained in Pennsylvania until
approximately mid-April, while the child was in Texas with Mother's relatives,
16, Father never agreed that Mother could move the child to Texas,
17, Due to financial difficulties, Father could not pursue litigation immediately to
modify the Order or to force Mother to return the child to the Commonwealth of Pennsylvania
18, Father's only contact with the Child has been by telephone and the telephone
contact has been difficult and sporadic,
19, The parties specifically discussed having the Child returned to Pennsylvania and
Mother agreed to do same, only to later refuse, Father now seeks to have Mother found in
contempt and have this Court Order the return of the Child to the Commonwealth,
20, Father has also sought to have the Custody Order modified by filing a Petition for
Modification, only to have the conciliation continued at Defendant's counsel's request.
WHEREFORE, Petitioner, David W, Thrush, Sr., respectfully requests that this
Honorable Court find Defendant Jill West in contempt if this Court's Custody Order, order that
the Child be returned to the Commonwealth of Pennsylvania, sanction Defendant to the fullest
extent permissible under the law, and grant such other relief as this Court deems just and proper,
Dated: 7/15 If) ')
,
,2005
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFELTER
DAVID WILLIAM THRUSH, SR.,
PlaintifflPetitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLV ANIA
vs.
: NO. 274 CIVIL 19%
JILL WEST,
DefendantIRespondent
: CIVIL ACTION - LAW
: CUSTODY
VERIFICATION
I, David W, Thrush, Sr., verify that the statements in the foregoing document are true and
correct to the best of my knowledge, information and belief: 1 understand that false statements
herein are made subject to the penalties of 18 Pa C.S, ~ 4904, relating to unsworn falsification to
authorities,
Date: 7/'-;;5
~' /aZ/
DAVID W, THRUSH, SR,
/'
OCT 0 j 1997DV
JILL WEST (WORTHINGTON),
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
:CIVIL ACTION - LAW
:
DAVID WILLIAM THRUSH, SR.,
Defendant
:NO:
96-0325 CIVIL TERM ~
96-0274 CIVIL TERM
:NO:
:
: IN CUSTOD:r
prior Judge:
Kevin A. Hess
COURT ORDER
.
AND NOW this z ~ day of oc..J.75)..~ , 1997, upon
consideration of the attached Custody Conciliation Report, it is
ordered and dire~ted as follows:
1. This Court's Order of September 4, 1997 is modified such that
the restriction on Father's periods of temporary custody to be
with parental supervision are vacated. Father's periods of
temporary custody do not have to be under any specific
sl:pervision.
2. All other aspects of the September 4, 1997 Order shall remain
in effect including the scheduled hearing date of October 27,
1997.
co: Samuel W. Milkes, Esquire
Rebecca R. Hughes, Esquire
BY THE COURT,
:~,:!.:L
I
>~ r!~ -"_-",97
'1~'
J.
EXHIBIT "A"
~SEP 031997
JILL WEST (WORTHINGTON) r
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
:CIVIL ACTION - LAW
:
DAVID WILLIAM THRUSH, SR.,
Defendant
:NO:
:NO:
96-0325 CIVIL TERM
96-0274 CIVIL TERM ..,/
,
.
: IN CUSTODY
COURT ORDER
AND NOW, this /ft.1 day of 4~'7n/O'h)' 1997, upon
consideration of the attached Custody Conciliation Report, it is
ordered and directed as follows:
1. A hearing is scheduled in Court Room No.4 of the Cumberland
County Courthouse on the <xC;-t6 day of (f!.,{I~r/l..(!e^) , 1997 at
9,30 a,m. at which time testimony will be taken in the above
case. At this hearing, the Mother shall be the moving party
and shall proceed initially with testimony. Counsel for the
parties shall file with the Court and opposing counsel a
memorandum setting forth the history of custody in this case,
the issues currently before the Court, each party's position
on custody, a list of witnesses who will be called to testify
and the anticipated testimony of each witness. This
memorandum shall be filed at least ten days prior to the
hearing date.
2. Pending further Order of this Court, this Court's prior Order
of February 14r 1996, shall remain in effect subject to the
following modifications:
A. Father's time with the minor child shall be under
circumstances where the paterncl'1 grandparent shall be
present at all times. This restriction shall continue
until the date of the hearing in this matter unless there
is a completion of the Children S,~rvices and State Police
investigation of the Father. In the event those
investigations determine that there are no charges to be
brought against the Father, Father's counsel may contact
the Custody Conciliator for a Conciliation via a
telephone conference call where counsel for the parties
and the Conciliator may recommend to the Court an
appropriate modification of this Order in connection with
the condition of supervised visitation. In the event
there are no charges filed by Children Services and no
charges filed by the Pennsylvania State Police against
the Father and in the event there are no further
allegations raised by the Mother that might merit
supervised visitation, it would be anticipated that the
condition of supervised visitation would be eliminated
upon the Conciliator being advised that Children Services
and the State Police have closed their files and are not
pursuing any case against the Father.
3. In the event either party retains a professional to do a
custody evaluation, the other party shall cooperate and also
ensure the minor child and significant other of that parent
will participate in the evaluation. Cost of the evaluation
would be paid by the party requesting the evaluation subject
to the understanding that the party may request the Court at
a later date to allocate those exp.enses.
oc:
Samuel W. Milkes, Esquire _
Rebecca R. Hughes, Esquire
BY THE COURT,
KetSt ~!ssJt.
f"\. ~.l ~ cr/s/'n,
j .xl,/?,
J.
. i, i.~.
JILL WEST (WORTHINGTON)
Plaintiff
:
IN 1'HE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
:
v.
:
CIVIL ACTION - LAW
:
DAVID WILLIAM THRUSHr SR.,
Defendant
.
.
NO. 96 - 0325 CIVIL TERM /'
NO. 96 - 0274 CIVIL TERMv'
:
.
.
: CIVIJJ ACTION - CUSTODY
COURT ORDER
AND NOW, this ) J ~ day of -1"'-<.
consideration of the attached Custoay Conciliation
ordered and directed as follows:
, 1996r upon
Report, it is
1. This Court's prior order of February 16, 1996 is ratified
subject to the following modifications:
A. Paragraph 2 is modified such that the weekend visitation
shall be from Friday at 3 :00 p.m. until Monday at
7:00 a.m. Additionally, the we,~kday overnights shall be
from Tuesdays and Thursdays .2t 5: 00 p.m. until the
following morning at 7:00 a.m.
B. Paragraph 3(B) is eliminated with the following paragraph
inserted in the Order:
"The child will be exchanged in a neutral site, agreed
upon by the parties. The parties or any other adult
designated by the respective parties shall handle
exchange of custody. In the e'vent the parent is not
handling the exchange, that parent shall notify the other
parent in advance as to the name of the individual who
will be handling the exchange. The parents and any
adults handling the exchange of custody shall not
communicate with each other during exchange of custody.
Exchange shall be handled with the child merely moving
from one vehicle to the other vehicle with no verbal or
other type of communication b€,tween the individuals
handling the exchange."
cc:
C. The following paragraph shall be added to the Order:
6. In the event the custod,ial parent is working and
has the child scheduled ;~o be taken care of with a
daycare or babysitting facility, the custodial
parent shall give the non-custodial parent the
first option to provide daycare or babysitting for
the child.
D. Pursuant to an agreement by the parties, the Petitions
for Criminal Contempt which we,re filed by each party are
hereby dismissed. Specifically, this includes the charge
of Criminal Contempt filed against Jill Worthington and
the charge of Criminal Contempt filed against David W.
Thrush, Sr. The dismissal of these charges is done in
accordance with agreement of both parties and in
agreement with the Cumberland County District Attorney's
Officer which agreement was ;[ndicated to the Custody
Conciliator.
BY THB COURT,
Matthew J. Eshelman, Esquire
Samuel W. Milkes, Esquire
Michael Schwoyer, Esquire
~J.--' Ad-.
Ke7 A. Hess, J. ,
_ ~~~Cr,/i'1/qft"
A fJ,
DAVID WILLIAM THRUSH. SR.
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, (;l '7<{.. CML 1996
"
JILL WEST,
Defendant
: CHILD CUSTODY
TEMPORARY ORDER O]Ii',COURT
,
AND NOW, this A day of
/'
JIi-o."~ _, 1996, pending further Order of
Court, it is HEREBY ORDERED AND DECREED as follows:
,.
1. Plaintiff, DAVID WILLIAM THRUSH, RR, sh"n h""9hlt."vL;uY1'>nmary
physical custody of the su '
~ WIL1.1.I\M: 'I'HRUSH, JR" until
further
r of Court:
her Order ofCour't, Defenc!",.,t, JILL vv ./!J::iT, shall be entitled
to rights of visitation wit
e parties,
aect minor c ,'H"~l1ll!lt to a schedule agreed upon
--
3, Pending further Order of Court, the mother, JILL WEST, is directed not
to move the child from Cumberllind County, Pennsylvania,
, .
4, It is further directe'd that should 1~he parties establish a written
agreement as to exchanges of custody of the minor child, this agreement shall be
enforceable, until such time as further Order of Court is entered,
BY THE COURT:
J'1'RUE COPY FROM RECORD
I iTestlmony WflerllOf,1 hereunto set Illy Mr\<!
~ !hi seal of said Coo At CarlIsle. ,la, 0/
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-
DAVID WILLIAM THRUSH, JR,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v,
96-274
CIVIL ACTION LAW
JILL WEST
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW,
Thursday, September 08,2005
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X, Gilroy, Esq,
at 4th Floor, Cumberland County Conrthouse, Carlisle on Thursday. September 29. 2005
, the conciliator,
at 10:30 AM
for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference, Failure to appear at the conference may
provide grounds for entry of a temporary or penn anent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearing,
FOR THE COURT,
By: /s/
Hubert X Gilrov. ESQ. .;:;,/
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990, For 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 hO\lrs prior to any hearing or business before the court, You must attend the scheduled
conference or hearing,
YOU SHOULD TAKE THIS PAPER TO YOUR A TTORNEY AT ONCE, IF YOU DO NOT
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
32 South Bedford Street
Carlisle, pennsylvania 17013
Telephone (717) 249-3166
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<.. II,. C,.h.1 J!..dJu
DAVID WILLIAM THRUSH, SR.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
RECEIVED OCT 052005
f
V.
96-274 CIVIL ACTION - LAW
IN CUSTODY
JILL WEST,
Defendant
COURT ORDER
AND NOW, this I v' day of October, 2005, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that all prior Custody Orders in this
case are vacated and replaced with the following Order:
I. The Father, David William Thrush, Sr., and the Mother, Jill West, shall enjoy shared
legal custody of David W, Thrush, Jr., born February 20,1992.
2. The Mother shall enjoy primary physical custody of the minor child.
3. The Father shall enjoy periods of temporary physical custody of the minor child as
follows:
A. On the Christmas holiday, from the day after Christmas until the day before the
child is scheduled to return to school in Texas.
B. During the summer months, eight days from when the child is released from
school in Texas until eight days before the child needs to return to school in
Texas.
C. At such other times as agreed upon by the parties.
4. For transportation for exchange of custody, the parties shall share the cost with Mother
incurring 75% of the airfare and Father incurring 25% of the airfare. Mother shall
purchase the ticket and provide Father with verification of the cost. Father shall pay the
money directly to Mother for reimbursement of the cost within fifteen days of receipt of
verification that Mother has purchased the ticket.
5. Mother shall ensure that Father has telephone numbers for the Mother's home and a
cell phone to contact the minor child. Mother shall also provide Father with all
pertinent information concerning the child's education, health and other related items.
Mother shall ensure that Father enjoys reasonable telephone contact with the minor
child, and Mother shall encourage the minor child to initiate a phone call to the Father.
6. In the event either party dcsires to modify this Order, that party may petition the Court
to have the case again scheduled with the Custody Conciliator for a conference.
Cc: vLlnda A. Clotfelter, Esquire -l
~adley L. Griffie, Esquire
} ," .
'_ll\' "
',1,',\'-'
, ,,)
90 : ~ j t,:\j G 1 r.HJ ;;OGZ
DAVID WILLIAM THRUSH, SR.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
V.
96-274 CIVIL ACTION - LAW
JILL WEST,
Defendant
IN CUSTODY
Prior Judge: The Honorable Kevin A, Hess
CUSTODY CONCILIATION REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
David W. Thrush, Jr., born February 20,1992
2. A Conciliation Conference was held September 29, 2005. Present were:
The Father, David William Thrush, Sr., with his counsel, Linda A. Clotfelter, Esquire
The Mother, Jill West, with her counsel, Bradley L. Griffie, Esquire
3. The parties agree to the entry of an Order in the form as attached.
Date: 10 or 7, 0 ~
Hubert X, i1roy, Esquire
Custody onciliator