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orl 0 1 1997tY
JILL WEST (WORTHINGTON),
Plaintiff
V
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
:CIVIL ACTION - LAW
DAVID WILLIAM THRUSH, SR.,
Defendant
.
.
:NO:
:NO:
96-0325 CIVIL
96-0274 CIVIL
TERM ./
TERM
.
.
:IN CUS'l'ODY
Prior Judge:
Kevin A. Hess
COURT ORDER
AND NOW this z'tI' day of o~ ,
consideration of the attached Custody Conciliation
ordered and directed as follows:
1997, upon
Report, it is
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
supervision.
2. All other aspects of the September 4, 1997 Order shall remain
in effect including the scheduled hearing date of October 27,
1997.
BY THE COURT,
. AIL
J.
cc: RSBmbuel WR. HHllkhes, Esquiz;e ) ",." L. " EL..nL4-1
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:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:CIVIL ACTION - LAW
:
:NO:
:NO:
96-0325 CIVIL TERM ~
96-0274 CIVIL TERM
JILL WEST (WORTHING'l'ON),
Plaintiff
DAVID WILLIAM THRUSH, SR.,
Defendant
.
.
:IN CUSTODY
Prior Judge:
Kevin A. Hess
SUPPLEMENTAL CONCILIATION REPORT
1
The September 4, 1997 Order entered in this case provided for
supervised visitation with the Father pending the hearing. This
restriction was because the Father was undergoing an investigation
by the Pennsylvania State Police and by Children's Services in
connection with allegations of abuse against the minor child.
Children's Services has advised the Father that the allegations are
"unfounded". Additionally, the Pennsylvania State Police, after
the Father successfully completed a polygraph exam, have advised
the Father that they are not pursuing any investigation further.
2
The Conciliator made it clear at the prior conference that he was
recommending supervised visitation only so long as those two
investigations were pending. That recommendation was reflected in
the September 4, 1997 Order of Court. The Conciliator recommends
that the restriction be lifted at this time.
3
The above information is provided pursuant to a telephone
conference the Conciliator had with legal counsel for the parties
in this case. The Mother is adverse to lifting the restriction on
supervised visitation because she feels the Father has violated
that restriction provision within the past month. However, the
Conciliator feels that the restriction was only based upon the
allegations of abuse and, in light of the dismissal of those
allegations and the investigation, there is no basis for such a
restriction.
Date: y(~(t;-;l
OJ
Hubert X. ilroy, Esquire
Custody onciliator
.. ..
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-325 CIVIL TERM /
NO. 96.274 CIVIL TERM
CUSTODY
PROTECTION FROM ABUSE
ORDER
JILL WEST,
Plaintiff
DAVID WILLIAM THRUSH, SR"
Defendant
AND NOW, this
11/
day of February, 1996, in accordance with the agreement of
the parties, as announced in open court and in their presence, it is ordered and directed that:
1. Each party hereto shall be enjoined from physically abusing the other or tbreatening
to abuse the other or harassing the other or placing the other in fear of abuse. Each party is
enjoined from having direct or indirect contact with the other except for the purpose of making
.urangements regarding child custody or for the purpose of exchanging property hereinafter
referenced.
2. The parties shall share legal and physical custody of David Thrush, Jr., born February
20, 1992, with the paternity of David William Thrush, Sr., acknowledged. The father shall have
custody of said child every other weekend from Friday at 5:00 p.m. until Monday at 9:00 a.m.,
beginning the weekend 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 have
physical custody at other times except as follows:
a. Provided that at least thirty (30) days advance notice is given, each party may exercise
up to two weeks of vacation during the year, which may be consecutive, but not so as to interfere
with the holidays.
b. The parties will alternate the following holidays from year to year: Easter, Memorial
Day, 4th of July. Labor Day. Christmas Eve. Christmas Day. and New Year's. With respect to
.:.,. .-
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Christmas Eve, the party having Christmas Eve shall exercise partial custody from 5:00 p.m. until
'):00 a.m. on Christmas Day, and the other party shall havc the child on Christmas Day. Thc
parties shnll share thc Thnnksgiving holiday with the fnther hnving physical custody from 8:00
a.m. to 3:00 p.m., and thc mother from 3:00 p.m. until 8:00 p.m.
c. The mother shall have thc child on Mother's Day and thc father shall havc the child
on Father's Day. Thc parties shallaltcrnatc custody on thc child's birthday, with thc fathcr
excrcising said custody for thc year 1996. On the child's birthday, the parcntthen out of custody
shall be allowcd reasonable access for the purpose of prcsenting presents or a brief celcbration.
3. The custody of the child, David Thrush, Jr., shall be subject to thc further additional
conditions:
a. The child will not be left in the primary carc of Miles Worthington at any time cxcept
for brief periods neccssitated on an occasional basis.
b. The child will be exchangcd nt a neutral sitc, agrccd upon by the partics. In addition
to the parties, the following pcrsons may participatc in the exchange: Scott Thrush; Petic
Worthington; or Jamie Likc.
c. When in the fathcr's carc, thc child shall gcnerally rcsidc with thc fathcr at the father's
rcsidcncc but may rcside at other locations for brief and occasional pcriods.
d. Neithcr party shall makc any disparaging commcnts of thc othcr in front of thc child
or within thc hcaring of thc child or usc abusivc language within thc hearing of thc child.
Ncithcr parcnt shall abusc or thrcatcn the child in a physical manncr, nor will cithcr parcnt
cxposc thc child to cxcessivc drinking or illegal drugs. Each parcnt shall permit thc child Iibcral
ncccss by tclephonc to the othcr parcnt. Each parcnt shall notify thc othcr of any mcdical
cmcrgcncics which occur. Each parcnt shall nssurc thatthc child has thc use of car rcstraints at
any timc hc is in a motor vchiclc.
4. Thc fathcr, David William Thrush, Sr., will withdraw the support action which he has
.,. .-
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filed against the mothcr, Thc partics will contributc cl(ually to work-relatcd child cnre cxpenscs
and to thc child's medical insurance costs and medically rclated cxpcnses.
S. In conncetion with thc Protection from Abusc malter, thc partics shall distributc
certain pcrsonal propcrty betwecn themselves, including motor vchicles, nnd ndjust insurance
covcrage in accordance with the tcrms nnd conditions as announced in opcn court, at the hearing
of this malter, on February 14, 1996.
BY THE COURT,
4t~e~i.d.
Jacqueline Vcrney, Esquirc
For the Plaintiff
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Samuel Milkes, Esquire
For the Defendant
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JILL WEST,
Plaintiff/Defendant
V.
DAVID WILLIAM THRUSH,
Defendant/Plaintiff
IN THE COURT OF COMMON PLEAS OF
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CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
96-0325 CIVIL TERM
96-0274 CIVIL TERM
IN REI TRANSCRIPT OF PROCEEDINGS
APPEARANCES I
Proceedings held before the Honorable KEVIN A.
HESS, J., Cumberland County Courthouse, Carlisle,
Pennsylvania, on Wednesday, February 14, 1996, in
Courtroom Number Four.
JACQUELINE M. VERNEY, Esquire
For Jill West
SAMUEL MILKES, Esquire
For David William Thrush, Sr.
1 MR. MILKESI Good afternoon, Your Honor.
2 THE COURT I Good afternoon.
3 MR. MILKESI I think the court will be
4 pleased to learn that we have managed to reach an agreement
5 in both the protection from abuse cases, the cross
6 petitions, and in the custody dispute that's before the
7 court.
8 THE COURTI And the comment about it being a
9 good afternoon is an understatement. That's good.
10 MR. MILKESI I am prepared to the best extent
11 I can, if the court would want it this way, to try to
12 describe the agreement in the fo~ of what an order would
13 look like.
14 THE COURT I Yes, and then perhaps Mrs. Graham
15 can transcribe what you say and I can reduce it to something
16 more like an order fo~.
17 MR. MILKESI With respect to the protection
18 from abuse cases, it is agreed that each of the parties
19 shall be enjoined from physically abusing the other,
20 threatening to abuse or harassing the other, or placing the
21 other party in fear of abuse. And each of the parties is to
22 refrain from having direct or indirect contact with one
23 another except when it is for the purpose of making
24 arrangements regarding the child or when it is for the
25 purpose of accomplishing the exchange of property which will
2
1 be described later.
2 It is also understood that the prior order
3 having to do with the child under the protection from abuse
4 caption will be vacated. This order only involves the adult
5 parties.
6 With respect to custody of the minor child,
7 David Thrush, Jr., born Pebruary 20, 1992, the parties shall
8 share physical and legal custody. The parties hereby
9 acknowledge that David, Jr., is the son of David Thrush,
10 Sr., and of Jill West.
11 And that the arrangements for exchange of
12 physical custody will be as follows: The father will have
13 every other weekend, from Priday at 5:00 p.m. until Monday
14 at 9:00 a.m., beginning the weekend of Pebruary 23, 1996.
15 He shall also have custody on Tuesdays and Thursdays, from
16 6:00 p.m. until the following morning at 8:00 a.m.
17 The mother shall have physical custody at
18 other times except as follows: Providing that at least
19 thirty days advance notice are given, the parties may each
20 exercise up to two weeks of vacation during the year. These
21 may be a combination of two non-consecutive weeks so long as
22 they don't interfere with the holiday schedule.
23 Holidays will include the following and will
24 alternate from year to year: Easter, Memorial Day, Pourth
25 of July, Labor Day, Christmas Eve, Chrintmas Day and New
3
1 Years'.
2 With respect to Christmas Eve, the party
3 having Christmas Eve shall exercise partial custody from
4 5100 p.m. until 9100 a.m. Christmas Day. And the other
5 party shall have the child on Christmas Day. Thanksgiving
6 shall be split, with the father having physical custody from
7 8100 a.m. to 3100 p.m., and mother from 3100 p,m. to 8100
8 p.m.
9 Mother shall have the child on Mother's Day,
10 and father shall have the child on Father'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 other parent shall be allowed reasonable access to the
14 child for purposes of presenting presents or brief
15 celebration. This holiday schedule shall take priority over
16 the general custody schedule.
17 The child will not be left in the primary
18 care of Miles Worthington at any time except for brief
19 periods necessitated on an occasional basis. The child will
20 be exchanged at a neutral site agreed upon by the parties.
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 care, shall
25 generally reside with the father at the father's residence
4
"'-"'.
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1 but may reside at other locations for brief and occasional
2 periods. Neither party shall make any disparaging comments
3 of the other in front of the child or within the hearing of
4 the child or use abusive language within the hearing of the
5 child.
6 Neither parent shall abuse or threaten the
7 child in a physical manner, nor will either parent expose
8 the child to excessive drinking or illegal drugs. Bach
9 parent shall permit the child liberal access by telephone to
10 the other parent. Each parent shall notify the other of any
11 medical emergencies which occur. Each parent shall assure
12 that the child has the use of c~r restraints at anytime he
13 is in a motor vehicle.
14 It is the understanding of the parties that
15 in connection with this custody arrangement father will be
16 withdrawing the support action which he has previously filed
17 and which is currently scheduled for conference, and that
18 mother is not at present pursuing a support action of her
19 own, but that the parties will contribute equally to work
20 related child care expenses and to the child's medical
21 insurance costs and medically related expenses.
22 MR. MILKES: Is that everything on the child?
23 MS. VERNEY: Yes.
24 MR. MILKES: In connection with the
25 protection from abuse case, the parties have also reached an
5
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1 agreement as to various items of personal property. And
2 that agreement is as follows: The following items will
3 either be returned to or remain in the possession of Jill
4 West. The Magnavox radio, the four video cassettes for the
5 camcorder, the board games, her gray coat, the garden hose,
6 the sand box Little Tikes, and the part for the pico.
7 The following items will remain in the
8 possession of or be returned David Thrush: The Fingerhut
9 tool set, the cordless telephone, the refrigerator.
10 Parenthetically within thirty days of today's date on the
11 refrigeretor only. The various truck parts, such as tires,
12 bumper and engine, the pinball machine, the Batman clock,
13 the race set, the large Christmas tree, the santa and train,
14 the small Legos, the micro-machines, the Tonka and Hess
15 trucks, as well as Tonka helicopter parts, the plastic and
16 wood for the bed in the garage, the Toby, any other toys
17 purchased by his family. And parenthetically on that, the
18 parties will arrange for a mutually agreeable time to go
19 through the toys and separate them out. The fluorescent
20 light and the bicycle.
21 I should have added to mother's, the trench
22 coat -- I am sorry that's actually father's, the trench coat
23 and the Easter suit of the child, if they exist and can be
24 located. Also to mother would be various items of the
25 child's clothing which have been purchased or provided by
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1 her family. Same arrangament on that as we did for the
2 toys.
3 And with respect to the 1985 Toyota pickup,
4 Jill West agrees to take any and all action necessary to
5 transfer title of that truck to Mr. Thrush now or after
6 release of the lien that are presently held on that truck.
7 David Thrush agrees within a period of thirty
8 days to convert automobile insurance on this truck into his
9 name and to assume responsibility for payment on that
10 insurance. He also agrees to pay a prorated amount of the
11 insurance bill which is soon to come due for Jill West, such
12 that he will pay the amount due for insuring this truck for
13 the next thirty days.
14 With respect to an automobile being purchased
15 by a Jeremiah, with the title currently being held by Jill
16 West, the $350.00 due from Jeremiah will be payable, upon
17 payment, to David Thrush. In the event that the automobile
18 has to be repossessed, the parties will further negotiate
19 what is to be done with the reposseseed automobile.
20 In connection with this order, all previous
21 orders entered in the protection from abuse and custody
22 cases will be vacated. I guess the last thing on custody is
23 that it is understood that further conciliation may become
24 necessary regarding custody when the child approaches school
25 age. That will be it.
7
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1 THE COURT: And I would ask that counsel make
2 certain that Mrs. Graham gets all of the captions which are
3 affected by this order in any way. I may even fashion a
4 single order which would deal with all of the cases and just
S make sure that an order is filed in each docket. How does
6 the personal property issue come up, is that in the context
7 of one of the PPA actions? Is there demand for some return
8 of items, or is this just all part of...
9 MR. MILKES: Well, there is jurisdiction
10 under the Protection from Abuse Act to deal with it. I
11 don't know that it was specifically raised.
12 THE COURT: This is just a way of resolving
13 other issues?
14 MS. VERNEY: Exactly.
lS THE COURT: We will be happy to do that, and
16 certainly congratulate counsel for their efforts and
17 congratulate the parties for their ability to resolve the
18 matter. I say that not because I am not ready, willing and
19 able to do it for you, that's what I get paid to do, but
20 just make a couple of observations.
21 Pirst, the agreement that the two of you
22 reach is obviously better than anything than I could force
23 on you. Por example, the last time I was called upon to
24 divide up Legos and stereos, I think I directed a yard sale,
2S and I am sure you wouldn't want that. But secondly and more
8
1 importantly with regard to the child, this displays your
2 ability to put your love for this little kid above your
3 disagreement with each other, and that's extremely
4 commendable and I wish you success in doing that for this
5 little child's sake. With that we will be adjourned.
6 (End of proceedings.)
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CERTIFICATION
7 I hereby certify that the proceedings are
8 contained fully and accurately in the notes taken by me on
9 the above cause and that this is a correct transcript of
10 same.
11
12
13
Barbara E. Graham
Official Stenographer
14
15
16 The foregoing record of the proceedings on the
17 hearing of the within matter is hereby approved and directed
18 to be filed.
19
20
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Ke n A. Hess, J.
N nth Judicial District
21
rd.
Date
If, 11 'it.
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WEST,
plaintiff
IN THE COURT OF COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96- ~c.t}-CIVIL TERM
vs.
DAVID WILLIAM THRUSH, SR.,
defendant
PROTECTION FROM ABUSE
AND CUSTODY
TBHPORARY PROTECTION ORDER
AND NOW, this ;~, ~ IMl day of January, 1996, upon
presentation and consideration of the within Petition, and upon
finding that the plaintiff, JILL WEST, now residing at 1584 Pine
Road, Carlisle, Cumberland County, Pennsylvania, is in immediate
and present danger of abuse from the defendant, DAVID WILLIAM
THRUSH, SR., the following Temporary Order is entered.
The defendant, DAVID WILLIAM THRUSH, SR., SSN:161-56-8769
and DOB:6/25/67 now residing at 972 Old York Road, Carlisle,
Cumberland County, Pennsylvania, is hereby enjoined from
physically abusing the plaintiff, JILL WEST, or placing her in
fear of abuse.
The defendant is ordered to stay away from the plaintiff's
residence located at 1584 pine Road, Carlisle, Cumberland County,
Pennsylvania, a residence which is owned solely by the plaintiff
and from which the defendant left on January 15, 1996.
The defendant is ordered to refrain from having any direct
or indirect contact with the plaintiff including, but not limited
to, telephone and written communications, except for the limited
purpose of facilitating custody arrangements.
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives.
The defendant is enjoined from entering the plaintiff"s
place of employment.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned by the plaintiff.
A violation of this order may subject the defendant to: il
arrest under 23 Pa.C.S. 56113; iil a private criminal complaint
under 23 Pa.C.S. 56113.1; iiil a charge of indirect criminal
contempt under 23 Pa.C.S. 56114, punishable by imprisonment up to
six months and a fine of $100.00-$1,000.00; and ivl civil
contempt under 23 Pa.C.S. 56114.1. Resumption of co-residence on
the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
This Order shall remain in effect until modified or
terminated by the Court and can be extended beyond its original
expiration date if the Court finds that the defendant has
committed another act of abuse or has engaged in a pattern or
practice that indicates continued risk of harm to the plaintiff.
Temporary physical custody of DAVID THRUSH, JR., is hereby
awarded to the plaintiff, JILL WEST, and periods of custody in
the father, DAVID THRUSH, SR. at times to be agreed upon by the
parties.
The defendant is ordered to return the child to the custody
of the plaintiff. The Sheriff's Department shall assist the
plaintiff in retrieving the child.
A hearing shall be held on this matter on the
, ,f~
~J day of
County Courthouse,
) .". ,
,j ';' r~.m., in Courtroom No.-3 , Cumberland
Carlisle, Pennsylvania.
January, 1996, at
, Judge
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing.
The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiff's request and without pre-payment
of fees, but service may be accomplished under any applicable
rule of civil Procedure.
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service, The
Prothonotary shall not send a copy of this Order to the defendant
by mail.
The Pennsylvania State and Carlisle Police will be provided
with certified copies of this Order by the plaintiff's attorney.
This Order shall be enforced by any law enforcement agency where
a violation occurs by arrest for indirect criminal contempt
without warrant upon probable cause that this Order has been
violated, whether or not the violation is committed in the
presence of the police officer. In the event that an arrest is
made, under this section, the defendant shall be taken without
unnecessary delay before the court that issued the order. When
that court is unavailable, the defendant shall be taken before
the appropriate district justice. (23 Pa.C.S. S 6113).
By the court,
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JILL WEST,
plaintiff
IN THE COURT OF COMMON PLEAS OF'
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO, 96-
CIVIL TERM
DAVID WILLIAM THRUSH, SR.,
defendant
PROTECTION FROM ABUSE
AND CUSTODY
NOT I C B
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action promptly
after this Petition, Order and Notice are served, by appearing
personally or by attorney at the hearing scheduled by the Court and
presenting to the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the Court
may proceed without you, and a judgment may be entered against you by
the Court without further notice for any money claimed in the Petition
or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
PEBS AND COSTS
If the case goes to hearing and the judge grants a Protection
order, a surcharge of $25.00 will be assessed against you. You may
also be required to pay attorney fees to Legal Services, Inc. for
their representation of the plaintiff.
You should take this paper to your lawyer at once. If you do not
have a lawyer or cannot afford one, go to or telephone the office set
forth below to find out where you can get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of common Pleas of Cumberland County is required by law
to comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72
hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
JILL WEST, . IN THE COURT OF COMMON PLEAS OF
.
plaintiff :
. CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. . NO. 96- CIVIL TERM
.
.
.
DAVID WILLIAM THRUSH, SR., PROTECTION FROM ABUSE
defendant AND CUSTODY
PBTITION POR PROTBCTION ORDBR
AND CUSTODY
RBLIBr UNDBR THB PROTBCTION PROM ABUSB
ACT, 23 Pa.C.S. 5 &101 .t ..q.
A. ABUSB
1. The plaintiff, JILL WEST, is an adult individual
residing at 1584 pine Road, Carlisle, Cumberland County,
Pennsylvania 17013.
2. The defendant, DAVID WILLIAM THRUSH, SR., SSN:161-56-
8769 and DOB:6/25/67, is an adult individual residing at 972 Old
York Road, carlisle, Cumberland County, Pennsylvania, 17013.
3. The defendant is the plaintiff's former intimate
partner.
4. Since approximately January 1996, the defendant has
attempted to cause and has intentionally, knowingly, or
recklessly caused bodily injury to the plaintiff, has placed the
plaintiff in reasonable fear of imminent serious bodily injury,
and has knowingly engaged in a course of conduct or repeatedly
committed acts toward the plaintiff under circumstances which
have placed the plaintiff in reasonable fear of bodily injury.
This has included, but is not limited to, the following specific
instances of abuse:
a. On or about January 15, 1996, the defendant shoved
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the plaintiff onto a sofa, screamed at her, shoved her
into the kitchen, backed her into the living room, and
again pushed her onto the sofa. The defendant then
grabbed the plaintiff by her hair, picked her up off of
the sofa by her hair, and threw her to the floor. The
defendant then picked up their four-year old son and
left the residence.
b. On or about January 10, 1996, the defendant
screamed at the plaintiff, and threatened to mess up
her vehicle if she did not sleep with him. The
defendant further threatened to kill himself, causing
her to fear for her safety and that of her child.
c. Several years ago, the defendnt hit the plaintiff
in the face.
5. The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant and
that she is in need of protection from such abuse.
6. The plaintiff desires that the defendant be prohibited
from having any direct or indirect contact with the plaintiff
including, but not limited to, telephone and written
communications, except for the limited purpose of facilitating
custody arrangements.
7. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
8. The plaintiff desires that the defendant be restrained
from entering her place of employment.
9. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
by the plaintiff.
B. EXCLUSIVE POSSESSION
10. The home from which the plaintiff is asking the Court
to exclude the defendant is owned in the name of Jill West.
C. ATTORNEY FEES
11. The plaintiff asks that the defendant be ordered to pay
reasonable attorney fees to Legal Services, Inc.
D. TEMPORARY CUSTODY
12. The plaintiff seeks temporary custody of the following
child:
HAlH
DAVID THRUSH, JR.
Present Residence
~
2 1/2 yrs.
972 W. Old York Rd.
CarliSle, PA
The child was born out of wedlock.
The child is presently in the custody of the defendant who
resides at 972 W. Old York Road, Carlisle, Pennsylvania.
During the child's lifetime, the child has resided with the
following persons and at the following addresses:
~ Addresses Dates
plaintiff 1912 Esther Drive 2/92 - 9/92
carlisle, PA
plaintiff & 49 1/2 W. High St. 9/92 - 9/93
defendant carlisle, PA
plaintiff &
defendant
17 Glenwood Road
Dillsburg, PA
1584 Pine Road
9/93 - 9/94
plaintiff &
defendant
defendant 972 Old York Road
defendant's mother, Carlisle, PA
father, brother, sister,
brother's girlfriend & child,
& friend
9/94 - 1/15/96
1/15/96 - present
The mother of the child is JILL WEST, currently residing at
1584 Pine Road, Carlisle, Pennsylvania.
She is single.
The plaintiff currently resides alone.
The father of the child is DAVID THRUSH, SR., currently
residing at 972 Old York Road, Carlisle, Pennsylvania.
He is single.
13. The plaintiff has not previously participated in any
litigation concerning custody of the above mentioned child in
this or any other Court.
14. The plaintiff has no knowledge of any custody
proceedings concerning this child pending before a court in this
or any other jurisdiction.
15. The plaintiff does not know of any person not a party
to this action who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
16. The best interests and permanent welfare of the minor
child will be met if custody is temporarily granted to the
plaintiff pending a hearing in this matter for reasons including:
a. The plaintiff is a fit parent who can best
take care of the minor child.
b. The defendant has shown by his abuse of the
plaintiff that he is not an appropriate role model
for the minor child.
c. The defendant has forcibly and fraudulently
removed the child from the plaintiff in that he:
physically abused the plaintiff and left with the
child.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. S 6101 n ~., as
amended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the "Protection
from Abuse Act:"
1. Ordering the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse;
2. Ordering the defendant to refrain from having any
direct or indirect contact with the plaintiff
including, but not limited to, telephone and written
communications, except to facilitate custody
arrangements;
3. Ordering the defendant to refrain from harassing
and stalking the plaintiff and from harassing the
plaintiff's relatives;
4. Prohibiting the defendant from entering the
plaintiff's place of employment;
5. Prohibiting the defendant from removing, damaging,
destroying or selling property jointly owned by the
plaintiff;
6. Ordering the defendant to stay away from the
plaintiff's residence located at 1584 Pine Road,
Carlisle, Cumberland County, Pennsylvania;
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself;
10. Granting temporary physical custody of the minor
child to the plaintiff and periods of custody in the
defendant at times to be agreed upon by the parties;
B. Schedule a hearing in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearing,
enter an order to be in effect for a period of one year:
1. Ordering the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse.
2. Ordering the defendant to refrain from having any
direct or indirect contact with the plaintiff
including, but not limited to, telephone and written
communications, except to facilitate custody
arrangements.
3. Ordering the defendant to refrain from harassing
and stalking the plaintiff and from harassing the
plaintiff's relatives,
4. Prohibiting the defendant from entering the
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plaintiff's place of employment.
5. Prohibiting the defendant from removing, damaging,
destroying or selling property jointly owned by the
plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's residence located at 1584 pine Road,
Carlisle, Cumberland county, Pennsylvania, which the
parties have never shared.
7. ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself.
9. Ordering the defendant to pay reasonable attorney
fees to Legal Services, Inc.
The plaintiff further asks that this Petition be filed and
served without pre-payment of fees by the plaintiff, and that
certified copies of this Petition and Order be delivered to the
Pennsylvania State and Carlisle Police Departments who have
jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and
proper.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
17. The allegations of Count I above are incorporated
herein as if fully set forth.
18. The best interest and permanent welfare of the minor
child will be served by granting custody in the plaintiff as set
forth in Paragraph 16 of the Petition.
WHEREFORE, pursuant to 23 Pa.C.S. S 5301 ~ ~., and other
applicable rules and law, the plaintiff prays this Honorable
Court to award custody of the minor child to her.
The plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
for Plaintiff
an Carey, At
BGAL SBRVICB[/'
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
.
The above-named Plaintiff, Jill West, verifies that the
statements made in the above Petition are true and correct.
Plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa.C.S. 64904, relating to unsworn
falsification to authorities.
Date: 1/J (1/1 (f
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JILL WEST,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96-325 CIVIL TERM
PROTECTION FROM ABUSE
Plaintiff
v,
DAVID WILLIAM THRUSH. SR.,
Defendant
ORDER FOR CONTINUANCE
AND NOW, this 2'. day of January, 1996, upon consideration
of the attached Motion for Continuance, the matter scheduled for
hearing on January 30, 1996, by this Court's Order of January 22,
1996, is hereby rescheduled for hearing on February 6, 1996, at
3:30 p.m. in Courtroom No, 4.
The Temporary Protect ion Order wi II remain in effect for a
period of one year or until a final Order is entered In this case,
Certified copies of this Order for Continuance will be
provided to the Carlisle and Pennsylvania State Police Departments
by the plaintiff's attorney,
By the Court,
t..' A 4-
Judge
cc:
Carol Lindsay
Attorney for Plaintiff
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Sam Mi Ikes
Attorney for Defendant
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V.
DAVID WILLIAM THRUSH,SR.
Defendant
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 96-325 CIVIL TERM
JILL WEST,
Plaintiff
.
:PROTECTION FROM ABUSE
:AND CUSTODY
TEMPORARY PROTECTION ORDER
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AND NOW, this ~ day of 'If "lid I II ,1996, upon presentation and
" II .
consideration of the Defendant's Petition, and upon finding that the Defendant,
DAVID WILLIAM THRUSH, SR., and his minor son, DAVID THRUSH, JR., now
residing at 972 West Old York Road, Carlisle, Cumberland County, Pennsylvania, are
in immediate and present danger of abuse from the Plaintiff, JILL WEST, the
following Temporary Order is entered.
The Plaintiff, JILL WEST, now residing at 1584 Pine Road, Carlisle,
Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the
Defendant, DAVID WILLIAM THRUSH, SR., or the minor child, DAVID WILLIAM
THRUSH, JR., or placing them in fear of abuse.
The Plaintiff is ordered to stay away from the Defendant's residence located at
972 West Old York Road, Carlisle, Cumberland County, Pennsylvania, a residence
which is owned by the Defendant's parents, or nny other residence he may establish,
The Plaintiff is ordered to refrain from having direct, or indirect contact with
the Defendant including, but not limited to, telephone, and written communications.
The Plaintiff is enjoined from harassing the minor child and the Defendant, and
from stalking the Defendant. She is further enjoined from harassing the Defendant's
relatives.
.
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The Plaintiff is eDjoined from entering the Defendant's place of employment,
The Plaintiff is eDjoined from removing, damaging, destroying or selling any
property owned by the Defendant, or jointly owned by the parties.
A violation of this Order may subject the Plaintiff to : i) arrest under
28 PA.C.S. ~61l8; Ii) a private criminal complaint under 28 Pa.C.S. ~61l8.1;
ill) a charge of indirect criminal contempt under 28 Pa.C.S. ~61l4,
punishable by imprisonment up to six months and a fine of $100.00.$1,000.00;
and, iv) civil contempt under 28 Pa.C.S. ~61l4.1. Resumption of co-residence
on the part of the Plaintiff and Defendant shall not nullify the provisions of
the Court Order.
This Order shall remain in effect until modified or terminated by the Court and
can be extended beyond its original expiration date if the Court finds that the Plaintiff
has committed another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to the Defendant.
A hearing shall be held on this matter on the (, u) day of ,'i;/,/ (,( It, ,
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1996, at :3 . .) () "J .m., in Courtroom No.~, Cumberland County Courthouse,
I
Carlisle, Pennsylvania.
The Cumberland County Sheriff's Department shall attempt to make service at
the Defendant's request, but service may be accomplished under any applicable rule
of Civil Procedure, including ftrst class mail upon counsel for Plaintiff, Legal Services,
Inc.
This Order shall be docketed in the Office of the Prothonotary and forwarded
to the Sheriff for service, if Sheriff's service becomes necessary. The Prothonotary
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shall not send a copy of this Order to the PlaintitT by mail.
The Pennsylvania State and Carlisle Police will be provided with certified copies
of this Order by the Defendant's attorney. This Order shall be enforced by any law
enforcement agency where a violation occurs by arrest for indirect criminal contempt
without warrant upon probable cause that this Order has been violated, whether or
not the violation is committed in the presence of the police officer. In the event that
an arrest is made, under this section, the PlaintitT shnll be taken without unnecessary
delay before the Court that issued the Order. When that court is unavailable, the
Plaintiff shall be taken before the appropriate district justice. (23 Pa.C.S. ~ 6113).
BY THE COURT:
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JILL WEST,
Plaintiff
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
V,
:NO. 96-325 CIVIL TERM
DAVID WILLIAM THRUSH,SR.
Defendant
:PROTECTION FROM ABUSE
:AND CUSTODY
NOTICE
You have been aued in court. If you wish to defend against the claims set
forth in the following pages, you must take action promptly after thi8 Petition,
Order and Notice are served, by appearing per80nally or by attorney at the
hearing scheduled by the Court and presenting to the Court your defenses or
objection8 to the claims set forth against you. You are warned that if you fail
to do so the Court may proceed without you, and a judgment may be entered again8t
you by the Court without further notice for any money claimed in the Petition or
for any other claim or relief requested by the Plaintiff. You may 108e money or
property or other rights important to you.
YOll SHOllLD TAKE THIS PAPER TO YOllR LAWYER AT ONCE. IF YOll DO NOT HAVE A
LAWYER OR ClIHHllT AFFORD OIlB, GO TO OR TBLEPHOIIB TOB OFFICE SB'l' FORTH BBIoOW TO
FIND OllT WBERB YOll CAN GET LEGAL BBLP.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER, (717) 240-6200
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JILL WEST,
Plaintiff
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
V,
DAVID WILLIAM THRUSH,SR.
Defendant
.
,
:NO. 96-325 CIVIL TERM
.
.
:PROTECTION FROM ABUSE
:AND CUSTODY
ANSWER TO PLAINTIFF'S PETITION FOR PROTECTION ORDER
AND FOR CUSTODY AND PETITION BY DEFENDANT FOR
PROTECTION ORDER ON BEHALF OF HIMSELF AND HIS CHILD
1. Admitted.
2. Denied. The Defendant's social security number is 161-56-8769. Otherwise,
this paragraph is admitted.
3. Admitted.
4. The general allegations at the introduction of this paragraph are denied. To
the contrary, as specified below in Defendant's Petition, the Defendant asserts that it
is the Plaintiff who has engaged in a course of conduct and repeatedly committed acts
toward the Defendant and the child of the parties under circumstances which have
placed the Defendant in reasonable fear of bodily i~ury to himself and the child and
further, that it is the Plaintiff who has attempted to cause, and has intentionally,
knowingly, or recklessly caused bodily i~ury to the Defendant and the child of the
parties.
a, Denied. On or about January 15, 1996, the parties separated. Leading
to this separation, the Defendant began to retrieve a television set which was
understood by the parties to be his to keep if the parties broke up. The Plaintiff
responded by completely losing control, jumping onto the Defendant, grabbing the
Defendant, slapping the Defendant, and otherwise acting in a physically abusive,
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threatening and hysterical manner. The Defendant only took such limited actions as
were needed to get the Plaintiff off of him. In order to avoid any further
confrontations from the Plaintiff, the Defendaut then left the residence without the
television set.
b, Denied. The Defendant specifically denies that he ever screamed at
the Plaintiff or threatened to mess up her vehicle if she did not sleep with him. The
Defendant further denies that he threatened to kill himself. The Defendant further
asserts that the parties have had sexual relations since the January 10, 1996 date.
Plaintitrs allegations are not credible, considering that after the January 10 date,
severe snow storms and extreme weather conditions prevailed in this area. During this
time, beginning Thursday evening, January 11, the Defendant resided at his parents'
home because of their location and heavy equipment that was available at the parents'
home. Of her own volition, the Plaintiff accompanied the Defendant to the
Defendant's parents' home and the two resided together at the parents' home from
,
Thursday, January 11 through Sunday, January 14 where they shared a room and bed
together.
c. Denied. The Defendant specifically denies having hit Plaintiff in the
face on any occasion but that Defendant is unable to respond more specifically to this
generalized and undated allegation.
5. Denied.
6. Denied. While the Plaintiff states that she desires that there be no contact
between the parties, since the filing of this petition, but before Defendant learned of
the filing, the Plaintiff has herself made contact with the Defendant.
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7. The Defendant is unable to admit or deny the Plain till's desires.
8. The Defendant is unable to admit or deny the Plaintill's desires, although
the Defendant atllrmatively asserts that he has never entered the Plain till's place of
employment or threatened to do so except for those specific times when the Plaintiff
has requested that the Defendant come to her employment to provide her with
transportation or for the parties to meet for other reasons.
9. The Defendant is unable to admit or deny the Plain till's desires.
10. Admitted.
11. This is a prayer for relief, not a factual allegation and requires no response.
12. The Defendant asserts that due to the custody matter pending at No. 274.
96 CML TERM, in which a Temporary Custody Order has already been entered, the
temporary custody requests contained within this petition should be dismissed and
disregarded. Defendant further admits to the allegations contained within ~ 12 of
Plaintill's Petition, except as follows: Contrary to the Petition, David Thrush, Jr" is
not age 2 1/2 years but is age 4 as of February 20, since his date of birth is February
20, 1992.
The Plain till's chronology of where the child resided and with whom
contains numerous inaccuracies. From February, 1992, through March, 1992, the
minor child resided with Plaintiff, Defendant, Bonnie, and Amie (Defendant's friends),
on Chestnut Street, Apartment #3, Lebanon, Lebanon County, Pennsylvania. From
March, 1992, until June, 1992, the child resided with the Defendant and the child's
maternal grandparents at 1912 Esther Drive, Carlisle, Cumberland County,
Pennsylvania. From June, 1992, until October, 1992, the child resided with Plaintiff,
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Defendant, and the child's paternallll'andparents, at 972 Wl'st Old York Road, Carlisle,
Cumberland County, Pennsylvania. Defendant agrees that the parties resided from
approximately September or October, 1992, until approximately September or October,
1993, that the child resided during those periods with the Plaintiff and Defendant at
an address of either 49 West High Street, Apartment #2, or 49 1/2 West High Street,
Carlisle, Cumberland County, Pennsylvania. The Defendant agrees that from
September or October, 1993, until September or October, 1994, the child resided with
Plaintiff and Defendant at Lot #17, Glenwood Road, Dillsburg, York County,
Pennsylvania. From September or October, 1994, until November, 1994, the child
resided with Plaintiff, Defendant, and the Defendant's parents and the Defendant's
uncle at 972 West Old York Road, Carlisle, Cumberland County, Pennsylvania. The
child then resided from November 17, 1994, until January 15, 1996, with Plaintiff and
Defendant at 1584 Pine Road, Carlisle, Cumberland County, Pennsylvania. The child
has resided with the Defendant at 972 West Old York Road, Carlisle, Cumberland
County, Pennsylvania from January 15, 1996, to the present, as alleged in the
Plaintirrs complaint.
Defendant asserts that the Plaintiff has affirmatively attempted to
mislead this Court as to the child's history of residences by failing to report to the
Court that on two occasions in the past, the child has resided with the Plaintiff and
Defendant at the Defendant's parents' residence.
The Plaintiff has alleged that she currently resides alone. This false
assertion is known by Plaintiff not to be true. She currently resides with Miles
("Bink") Worthington, III, and has resided with him since the date of separation of the
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parties, January 15, 1996. Two other male individuals only known to the Defendant
os Jeremiah and Mark also reside at the Plaintifrs residence. While they reside in a
separate apartment, the apartment is interconnected to the house and these two
individuals come and go freely into Plaintifrs residence.
13. Denied, As stated above, there is already a pending custody action before
this Court.
14, Defendant hos no rellBon to claim that Plaintiff knew of the pending custody
proceeding but there is in fact a custody proceeding already pending and pre-dating the
filing of this Protection from Abuse Petition.
15. Admitted.
16. Denied. It is explicitly denied that the best interests and permanent welfare
of the child will be met if custody is granted to the Plaintiff.
Il. Denied. It is denied that Plaintiff is a fit parent who can best take
care of the minor child. To the contrary, the Defendant IlBserts that the Plaintiff hos
not properly cared for this child, shows the child an inadequate level of nurturing and
parental oversight and, that the Plaintiff drinks in excess, sometimes in the presence
of the child, that the Plaintiff frequently leaves the child in the care of Father so that
the Plaintiff can attend drinking parties and other social oecllBions, and that the
Plaintiff hos on a number of ocellBions struck or threatened to strike the child causing
the child to be fearful of his own mother.
b. Denied.
c. Denied. The child wos not forcibly removed from the household. The
child wos removed so that Defendant could best care for his immediate needs. Since
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the DeCendant left the household with the child, and even beCore any legal proceedings
were pending, temporary custody arrangements were worked out, including an
overnight stay with the Mother. Since the riling oC these legal proceedings, an interim
written agreement was effectuated by the parties. The claim that DeCendant's actions
were fraudulent is outrageous and unsupported by any factual allegations.
WHEREFORE, the DeCendant asserts that the various requests presented
by the Plaintiff should be denied.
17. See responses above.
18. Denied. See DeCendant's responses to ~ 16.
WHEREFORE, DeCendant requests oC this Honorable Court that it
dismiss the custody action pending beCore this Court for the reason that there is
already pending a separate custody action. DeCendant Curther requests that the
request Cor relieCbe denied based upon the Cacts asserted above.
DEFENDANT'S PETITION FOR PROTECTION ON BEHALF OF HIMSELF
AND THE MINOR CHILD
19. The DeCendant incorporates by reCerenee the answers as set forth in
Paragraphs 1 through 18 and invokes the Protection from Abuse Act, 23 Pa.C.S. ~
6101 et sea., seeking protection Cor himselC and the minor child.
20. Since approximately 1990, Jill West has attempted to cause and
intentionally, knowingly, or recklessly caused bodily injury to David Thrush, Sr. and
David Thrush, Jr. (born February 20, 1992), has placed them in reasonable Cear oC
imminent serious bodily injury, and has knowingly engaged in a course oC conduct or
repeatedly committed acts toward them under circumstances which have placed them
in reasonable Cear oCbodily injury. These instances have included but are not limited
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to the following specific incidents of abuse:
a, On January 22, 1996, David Thrush telephoned Jill West requesting
that she agree to sign over title to his truck, which is held in both names, if he were
to pay off the amount due. Mr. Thrush left a message on Jill West's answering
machine. That evening, Jill West returned the call to Mr. Thrush and agreed that she
would be willing to sign a document along such lines. She then requested that Mr.
Thrush come to her residence that evening before she went to work in order to sign
the paperwork. When Mr. Thrush appeared at her residence later that evening, he
was allowed into the residence by one of its residents, Miles Worthington, III. Mr.
Thrush found Jill West to be asleep. When he awakened her to attempt to resolve this
matter, Ms. West flew into a rage, continually physically pushed Mr. Thrush, screamed
at him, and attempted to intimidate him and place him in fear of further violence. Mr.
Thrush ultimately left the residence of his own volition and without any agreement
as had been previously discussed. Mr. Thrush did not respond physically to Ms. Wests'
physical provocation.
b. On or about January 15, 1996, as the parties were separating, Mr.
Thrush attempted to retrieve the television set which the parties had agreed would be
his if they ever separated. Jill West again flew into a rage, jumped on Mr. Thrush,
slapped and grabbed him and placed him in fear of further bodily iI\iury. Mr. Thrush
ultimately left the residence without the television set and took only such actions as
were necessary to remove himself from the physical aggression of Ms. West.
e. While the parties were living at the Esther Drive location, the parties
separated and Mr. Thrush resided for a period of time at 972 West Old York Road,
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Carlisle, Cumberland County, Pennsylvania, with his parents. When Jill West
observed Mr. Thrush in a vehicle with a female friend, she followed their vehicle in her
own car, continually flashing her lights. When Mr. Thrush finally pulled over, at his
parents' house, Jill West got out of her vehicle, kicked Mr. Thrush's vehicle, and then
repeatedly struck Mr. Thrush with closed fists, slapped him, and grabbed him. Ms.
West was in an uncontrollable state and ultimately was calmed down by Mr. Thrush
and the male individual who was with Jill West at the time,
d. In approximately August or September, 1995, Jill West learned of a
false rumor that Mr. Thrush had supposedly become involved in relations with another
woman. Her response was again a complete loss of control, at which she began
throwing items at Mr. Thrush and slapped him, causing Mr. Thrush also to fear that
she would become more physically confrontational and placing him in fear of bodily
injury and imminent serious bodily injury.
e. On a number of occasions when the parties have engaged in verbal
arguments, Ms. West has swung at Mr. West, attempted to kick him in the groin, has
sometimes succeeded in kicking him in the groin and she has threatened on a number
of occasions that if Mr. Thrush were ever to "cheat" on her, she would cut off his
sexual organ.
f. In October 1996, after a typical occasion, when Mr. Thrush was home
caring for the minor child and Ms. West was out at a drinking party, she returned to
the residence at approximately 2:00 a.m. in an intoxicated state. When Mr. Thrush
and she began talking, she became upset, struck him in the nose, and caused Mr.
Thrush's nose to bleed, Mr. Thrush was at that time in fear Ms. West would engage
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in further threatening conduct and further bodily irijury and he feared that she would
cause serious bodily irijury to him.
g. On or about January 8, 1996, the Plaintiff and Defendant were
watching television. Ms. West became upset that the four year old child WIlS standing
in front of television. She then struck the child on the back with an open hand in
order to move the child out of the way, causing the child to stumble and leaving a red
mark on the child's back.
h. Jill West hIlS very little tolerance for times when the child cries. Her
response is to frequently say, "I'll give you something to cry about," to hold up a raised
hand toward the child and to scream loudly at the child.
i. Around ChristmllS 1995, the child began cringing in fear and Ms, West
IlSked the child why he WIlS in fear, IlSking, WIlS somebody abusing him or hitting him?
The child responded, ''You Mommy."
j. Twice within the IllSt year, Jill West hIlS slapped David Thrush, Sr. to
the extent that she hIlS caused his lip to bleed.
k. On ocellSions, including an oeell8ion in October, 1995, Jill West hIlS
consumed alcohol to the extent that she completely loses control of her facilities and
at times pll8ses out. This hIlS caused her to be completely unable to care for the minor
child and places the child in danger of injury should he not be protected through the
father's actions. The father, David Thrush, consumes alcohol only on rare occllSions
and in very minor amounts.
WHEREFORE, pursuant to the Protection from Abuse Act, David Thrush
requests of this Honorable Court on behalf of himself and the minor child that this
Respectfully submitted,
~ 4 ,//~
~~
~
'BY: Samuel . Milkes, Esq.
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249.6427
Attorney No. 30130
. .. .
. ~ .
court enter a temporary Order now, and a permanent Order aft.er a hearing,
1. Directing Jill West to refrain from harassing and stalking the Plaintiff and
harassing the minor child;
2. Prohibiting Jill West from entering the residence of David Thrush or his
place of employment;
3. Prohibiting Jill West from removing, damaging, destroying, or selling
property jointly owned by the parties;
4. Ordering Jill West to refrain from abusing David Thrush, Sr., or David
Thrush, Jr., or placing them in fear of abuse; and
5. Ordering Jill West to pay reasonable attorney fees to Mr. Thrush in defense
of her Petition and in pursuit of his own Petition for a Protection Order;
Defendant asks that copies of this Petition and Order be delivered to the
Pennsylvania State and Carlisle Police Departments who have jurisdiction to enforce
this Order.
Defendant prays for such other relief as may be just and proper under the
circumstances.
. .J/.
. h .
I hereby verify that the statements made in the foregoing
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
Dated I
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JILL WEST, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Ys. NO. 96.325 CIVIL TERM
DAVID WILLIAM THRUSH, SR., :
Defendant PROTECTION FROM ABUSE
~ ORDER
AND NOW, this ~ '-f. day of January, 1996, upon information that the
defcndant herein filed a complaint for custody on January 19, 1996, involving the same parties,
docketed at 96,0274 Civil Term, and it appearing that Judgc Hess cntered u custody order on
Jnnuary 19, 1996, the temporary custody provision of our ordcr of January 22, 1996, in the
protection from abuse casc is hercby VACATED. Thc remaining provisions of our tempornry
proteetivc ordcr of January 22, 1996, shall remain in full force and cffect. The protection from
abuse mallcr is transferrcd to Judge Hess for further hearing,
BY THE COURT,
Joan Carey, Esquire
For thc Plaintiff
Snmuel Milkes, Esquirc
For the Defcndant
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DAVID WILLIAM THRUSH, SR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
.
.
: NO. 96-325 CIVIL 1996
J1LL WEST,
.
.
: CHILD CUSTODY
DeCendant
CERTIFICATE OF SERVICE
I, JenniCer L. Coyle, hereby certify that a true and correct copy oC the Custody
Complaint in the above captioned matter was duly served upon the deCendant, JILL
WEST, by depositing it in the U.S. Mail, certified, restricted delivery, on January 22,
1996, addressed as Collows:
Jill West
1584 Pine Road
Carlisle, PA 17013
I hereby verify that the statements made in the Coregoing are true and correct.
I understand that Caise statements herein are made subject to the penaities of 18
Pa.C,S. Section 4904, relating to unsworn Caisification to authorities.
Dated: II f). iJI (q 1...0
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th.t w. e.n ..Iurn thl. elld 10 you, 1, 0 Add......'. Addro..
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Jill West
1584 Pine Road
Carlisle, PA 17013
8
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SHERIFF'S RETURN - REGULAR
CASE NO; 1996-00325 P
COMMONWEALTH OF PENNSYLVANIA;
COUNTY OF CUMBERLAND
WEST J Jl,L,
VS,
THRUSH DAVID WILLIAM SR
PHILIP BAUGHMAN , Sher1ff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who be1ng duly sworn according
to law, says, the with1n PROTECTION FROM ABU-SE was served
upon THRUSH DAVID WILLIAM SR the
defendant., at 1450;00 HOURS, on the ~ day of January
1996 at RV 4 WHEEL DRIVE CENTER MAIN STREET
MECHANICSBURG, PA 17055 ,CUMBERLAND
County, Pennsylvan1a, by handing to DAVID THRUSH SR.
a true and attested copy of the PROTECTION FROM ABUSE
together wilh TEMPORARY PROTECTION ORDER AND CUSTODY NOTICE AND
PETITION FOR PROTECTION ORDER
and at the same time directing His attention to the contents thereof,
Sheriff's Costs;
Docketing
Service
Affidavit
Surcharge
18.00
5,60
.00
2.00
~25.60
so?ns~~~'~ ~.
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R~~fiomas K11ne, :sner1f1
00/00/0000 Ur- ~
by f' e.
Depu y er1ff
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Sworn and subscribed to before me
this /...J. day of .:t.t.u.<U1
19~_ A,D.
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JILL WEST,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 96.325 CIVIL
Plaintiff
vs.
DAVID WILLIAM THRUSH, SR.,
Defendant
.
.
PROTECTION FROM ABUSE AND CUSTODY
PLAINTIFF'S ANSWER TO PETITION
OF DEFENDANT FOR PROTECTION ORDER
ON BEHALF OF HIMSELF AND HIS CHILD
NOW COMES Jill West, Plaintiff, above, by and through her counsel, FLOWER,
MORGENTHAL, FLOWER & LINDSAY, P,C. and answers the Petition of Defendant for Protection
Order on Behalf of Himself and his Child.
1-11. Paragraphs A (1) - C of Plaintiff's Amended Petition for Protective Order and Custody
are incorporated herein in response to Paragraphs 1 . 11 are incorporated herein by reference as
if set out in full.
12 - 20, Denied that Defendant has any claim for custody of David Thrush, Jr., since
he is not the father of the child,
WHEREFORE, Plaintiff prays this Honorable Court to dismiss the Petition for Protection from
Abuse filed by Defendant and to dismiss his claim for custody.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
/h
--~~/
Carol J. indsay, Esquire
10 # 446 3
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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--i Jili West
Date: ,o+.C h ,~ !jCJl i
I, the undersigned, hereby verify that the statements made herein are true and correct. 1
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904,
relating to unsworn falsification to authorities.
d,IM"'IawlM.r,pI\ 11Io' I99J.J.
JILL WES T,
Plaintiff/Petitioner
vs.
DAVID WILLIAM THRUSH, SR"
Defendant/Respondent
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-325 CIVIL
PROTECTION FROM ABUSE AND CUSTODY
/ .'/1. .
AND now, this.J day of It' I;, "O(/I/}_- ,1996, I, Carol J. Undsay, Esquire,
of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys, hereby certify that
I served the within Plaintiff's Answer to Petition of Defendant for Protection Order on Behalf
of Himself and His Child this day by depositing same in the United States Mail, First Class,
Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Samuel W. Milkes, Esquire
JACOBSEN & MILKES
52 East High Street
Carlisle, PA 17013
FLOWER, MORGENTHAL FLOWER & LINDSAY
Attorneys for Plaintiff
By:
/
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Carol J. Un say, Esquire
10 # 44693
11 East High Street
Carlisle, PA 17013
(717) 243.5513
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Plaintiff/Defendant I
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DAVID WILLIAM THRUSH, SR., I
Defendant/Plaintiff I
IN THE COURT 01." COMMON PLEAS 01."
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
96-0325 CIVIL TERM ~
96-0274 CIVIL TERM
PROTECTION FROM ABUSE & CUSTODY
IN RE I FURTHER HEARING SCHEDULED
ORDER 01." COURT
AND NOW, this 6th day of February, 1996, at 4:25
p.m., further hearing hereon in the cross motions in protection
from abuse is set for Thursday, February 15, 1996, at 1:30 p.m.
Pending same, the defendant/plaintiff, David William Thrush,
Sr., shall have custody of the child, David William Thrush, Jr.,
from Friday, February 9, 1996, at 5100 p.m., until Monday,
February 12, 1996, at 3100 p.m. During the exchange of custody
of this child the plaintiff/defendant, Jill West, shall not be
accompanied by any male adult. The child, David William Thrush,
Jr., shall not be removed from the County of Cumberland pending
further order.
Carol Lindsay, Esquire
For Jill West
Samuel Milkes, Esquire
For David William Thrush, Sr.
Ibg
By the Court,
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Hess, J.
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JILL WEST,
IN THE COURT OF COMMON PLEAS OF
Plaint iff
v,
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96-325 CIVIL TERM
DAVID WILLIAM THRUSH, SR"
Defendant
PROTECTION FROM ABUSE
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
I, Joan Carey from Legal Services, Inc., do hereby withdraw
my appearance in the above-captioned case,
~-/lJ r!2uu~/V//'
a~carey /
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
Dated:
I -.26 - tjh
.
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Plaintiff,
Jill West, in the
above-captioned case,
1/'
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Carol Lindsay
FLOWER, MOROENTHAL,
LINDSAY
II East High Street
Carlisle, PA 17013
(717) 243-5513
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JILL WEST,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 96-325 CIVIL
PROTECTION FROM ABUSE AND CUSTODY
vs.
DAVID WILLIAM THRUSH, SR"
Defendant/Respondent
fROTECTION ORDER..
RELIEF UNDER THE PROTECTION FROM ABUSE ACT
23 Pa. C.S. fi6101 at saq.
A.ABUSE
1. The Plaintiff, Jill West, Is an adult individual residing at 1584 Pine Road, Carlisle,
Cumberland County, Pennsylvania 17013.
2, The Defendant, David William Thrush, Sr., SSN: 161-56,8769 and 008: 6-25-67, is
an adult individual residing at 972 Old York Road, Carlisle, Cumberland County, Pennsylvania
17013.
3. The Defendant is the Plaintiff's former intimate partner
4. Since approximately January 1996, the Defendant has attempted to cause and has
intentionally, knowingly, or recklessly caused bodily injury to the Plaintiff, has placed the Plaintiff
in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of
conduct or repeatedly committed acts toward the Plaintiff under circumstances which have placed
,
.
d:\WCit\lmcndcd,rcl m., IWI,]8
I
the Plaintiff In reasonable fear of bodily Injury. This has Included, but Is not limited to, the following
~
:
specific Instances of abuse:
a. On or about January 15, 1996, the Defendant shoved the Plaintiff onto a sofa,
screamed at her, shoved her In to the kitchen, backed her into the living
room, and again pushed her onto the sofa. The Defendant then grabbed the
Plaintiff by her hair, picked her up off of the sofa by her hair, and threw her
,
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to the fioor. The Defendant then picked up Plaintiff's four.year.old son and
left the residence.
b. On or about January 10, 1996, the Defendant screamed at the Plaintiff, and
threatened to mess up her vehicle If she did not sleep with him. The
Defendant further threatened to kill himself, causing her to fear for her safety
and that of her child,
c. Over the past several years, the Defendant has hit, struck and otherwise
physically abused the Plaintiff, particuiarly at times when she threatened to
leave him. In particular, while the parties lived In Dillsburg, Pennsylvania,
Plaintiff awoke one night to find Defendant hitting her in the face several times.
Defendant proceeded to rip her clothes off, screaming at her. After this
incident, Defendant apologized for his behavior to the Plaintiff.
d. Since the filing of the original Petition in this matter, on January 22, 1996,
despite the fact that Plaintiff told him to stay away, Defendant came to
2
d:\w...\.mcndcd,pc' Ole' 1'1'/1,38
Plaintiff's house, bringing with him Ray Leedy, Defendant's friend, and the ex-
girlfriend of Miles Worthington and her children. At the time of their arrival,
Petitioner was asleep In her bed, and they entered her home without her
permission. At the time of their entry, Defendant had actual knowledge of the
existence of the Protective Order against him, although he had not been
served, Defendant walked into Plaintiff's bedroom and pulled the covers from
her, asking, "What do you have on?" Plaintiff told the Defendant to got out of
her bedroom, When she went into the front room of her house, she told all
those who had entered without her permission, including Defendant, to leave
and they refused, Defendant and Ray Leedy Insisted that Plaintiff sign a
document before they leave, The two of them gathered around the Plaintiff
shouting that she must sign it. Plaintiff pushed her way into the kitchen and
picked up the phone to call the police. Defendant hit the Petitioner's hand,
causing it to strike back against the light switch and the main body of the
phone, causing the latter to break, and causing injury to Plaintiff's hand.
Defendant shouted that he was going to kill the Petitioner and left, kicking the
car of Petitioner's guest so hard that the automatic alarm went off. Plaintiff
was in fear for herself,
5. The Plaintiff believes and therefore avers that she is in immediate and present danger
of abuse from the Defendant and that she is in need of protection from such abuse.
3
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6, The Plaintiff desires that the Defendant be prohibited from having any direct or
Indirect contact with the Plaintiff Including, but not limited to, telephone and written
communications.
7. The Plaintiff desires that the Defendent be enjoined from harassing and stalking the
Plaintiff, and from harassing the Plaintiff's relatives.
8, The Plaintiff desires that the Defendant be restrained from entering her place of
employment.
9. The Plaintiff desires that the Defendant be enjoined from removing, damaging,
destroying or selling any property owned by the Plaintiff.
B. EXCLUSIVE POSSESSION
10. The home from which the Plaintiff is asking the Court to exclude the Defendant is
owned in the name of Jill West.
C. ATTORNEY FEES
11, The Plaintiff asks that the Defendant be ordered to pay reasonable attorney fees to
Legal Services, Inc.
WHEREFORE, pursuant to the provisions of the Protection from Abuse Act of October 7,
1976,23 Pa. C.S. !i6101 et seq" as amended, the Plaintiff prays this Honorable Court to grant the
following relief:
4
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-'
d:\.....\.mended.'..' 100e' 1'1'12,)8
A. Grant a Temporary Order pursuant to the Protection from Abuse Act:
1. Ordering the Defendant to refrain from abusing the Plaintiff or
placing her in fear of abuse;
2. Ordering the Defendant to refrain from having eny direct or
Indirect contact with the Plaintiff Including, but not limited to,
telephone and written communications, except to facilitate
custody arrangements;
3. Ordering the Defendant to refrain from harassing and stalking
the Plaintiff and from harassing the Plaintiff's relatives;
4. Prohibiting the Defendant from entering the Plaintiff's place of
employment;
5. Prohibiting the Defendant from removing, damaging, destroying
or selling property jointly owed by the Plaintiff;
6. Ordering the Defendant to stay away from the Plaintiff's
residence located at 1584 Pine Road, Carlisle, Cumberland
County, Pennsylvania;
7. Ordering the Defendant to stay away from any residence the
Plaintiff may In the future establish for herself; and
8. Ordering the Defendant to stay away from her child.
s
,
d:\wc:ll'.mcndcd'l1c1 file' IIJlJl.)H
B. Schedule a hearing In accordance with the provisions of the Protection from
Abuse Act, and, after such hearing, enter an order to be In effect for a period
of one year:
1, Ordering the Defendant to refrain from abusing the Plaintiff or
placing her In fear of abuse;
2. Ordering the Defendant to refrain form having any direct or
Indirect contact with the Plaintiff Including, but not limited to,
telephone and written communications;
3. Ordering the Defendant to refrain from harassing and stalking
the Plaintiff and from harassing the Plaintiff's relatives;
4. Prohibiting the Defendant from entering the Plaintiff's place of
employment;
5. Prohibiting the Defendant from removing, damaging, destroying
or selling property jointly owed by the Plaintiff;
6, Ordering the Defendant to stay away from the Plaintiff's
residence located at 1584 Pine Road, Carlisle, Cumberland
County, Pennsylvania;
7. Ordering the Defendant to stay away from any residence the
Plaintiff may in the future establish for herself;
8. Ordering Defendant to say away from her child; and
(,
d:\w"I\lmended,pel file' 111'12.3.
9. Ordering that the Defendant to pay reasonable attorney fees top
Legal Services, Inc.
The Plaintiff further asks that this Petition be filed and served without pre-payment of fees
by the Plaintiff, and that certified copies of this Petition and Order be delivered to the Pennsylvania
State and Carlisle Police Departments who have jurisdiction to enforce this Order.
The Plaintiff prays for such other relief as may be just and proper.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C,
Attorneys for Plaintiff/Petitioner
By:
ndsay, Esquire
Date:
---
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7
, .
d:\we'l\.mended'l"'l file' IWZ.38
~
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. ~ 4904,
relating to unsworn falsification to authorities.
(\ ~ lA )Pd:-
\ Jill West
Date: ~.e Jo. ~ 1 \ qq (p
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 96.325 CIVIL
PROTECTION FROM ABUSE AND CUSTODY
d:\"""\lm.nd.d,J1C' m., 1lJ91.38
JILL WEST,
Plaintiff/Petitioner
vs.
DAVID WILLIAM THRUSH, SR.,
Defendant/Respondent
,elf,
AND now, this .) I
h
day of
,
of the law firm of FLOWER, MORGENTHAL, FLOWER LINDSAY Attorneys, hereby certify that
, 1996, I, Carol J. Undsay, Esquire,
I served the within Amended Petition for Protection Order this day by depositing same in the
United States Mall, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Samuel W, Milkes, Esquire
JACOBSEN & MILKES
52 East High Street
Carlisle, PA 17013
FLOWER, MORGENTHAL FLOWER & LINDSAY
Attorneys for Plaintiff
By:
I kSc~
Carol J. ndsay, Esquire
10 # 44693
11 East High Street
Carlisle, PA 17013
(717) 243.5513
.
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JILL WEST,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V8. CIVIL ACTION. LAW
NO. 96.325 CIVIL
DAVID WILLIAM THRUSH, SR" PROTECTION FROM ABUSE AND
Defendant CUSTODY
.-.........-.....-.-...........................-....-........---....--.---.- .....---..-.---.........--------------.............-..
.-......--..-...-....-.---...---..--..--..-..--....---....-- ...--------------------------------------------.
DAVID WILLIAM THRUSH, SR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
JILL WEST,
VS. NO. 274 CIVIL 1996
CIVIL ACTION. CUSTODY
Defendant
IN CUSTODY
ORDER OF COURT
AND now this
day of February, 1996, upon consideration of the within Petition,
Carol J. Undsay, Esquire is hereby leave to withdraw as counsel for Jill West in the captioned
cases. The hearing set for February 6, 1996 is continued to the day of
, 1996 in Court Room No, of the Court House at Carlisle,
Pennsylvania, at
o'clock,
.m.
By the Court,
J,
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERlAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 96-325 CIVIL
PROTECTION FROM ABUSE AND
CUSTODY
JILL WEST,
VB.
DAVID WILLIAM THRUSH, SR.,
Defendant
.--.---------.-.------.-.-----------------.-.--------...------......
.-----.-.-.-.-.-------------.-.-.--------.-..-.---------------....--.---------
VB.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 274 CIVIL 1996
CIVIL ACTION. CUSTODY
DAVID WILLIAM THRUSH, SR"
Plaintiff
JILL WEST,
IN CUSTODY
PETITION FOR LEAVE TO WITHDRAW
AS COUNSEL
1, Petitioner is Carol J, Lindsay, Esquire, an attorney with the Law Firm of FLOWER,
MORGENTHAL, FLOWER & LINDSAY, P,C..
2. At the request of Legal Services, Inc., Petitioner agreed to represent Jill West, Plaintiff
in the captioned protection from abuse case, and Defendant in the captioned custody case.
3, A hearing In the protection from abuse case is scheduled for Tuesday, February 6,
1996, at 3:30 p.m,
4, In the course of preparing for the case, Petitioner learned that her law firm had
represented David Thrush, Defendant in the protection from abuse case, and Plaintiff In the
custody case. The representation was in reference to a criminal matter, knowledge of which would
be prejudicial to David Thrush,
. d:\w.c"'\lIn'Wcuum file # IW2.lH
5. Petitioner believes, and therefore avers, that there Is Insufficient time In order to
arrange for substitute counsel, and to give counsel an opportunity to prepare for the February 6,
1996 hearing.
WHEREFORE, Petitioner prays this Honorable Court to enter an Order permitting her to
withdraw as counsel for Jill West in the captioned cases, and continuing the hearing set for
February 6, 1996.
FLOWER. MORGENTHAL FLOWER & LINDSAY, P.C.
By:
(h~'4'"'
, Carol J. C1ndsay, Esquire
L_________ 10 # 44693
11 East High Street
Carlisle, PA 17013
(717) 243.5513
Date: zh-jq h
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I, the undersigned, hereby verify that the statements made herein are true and correct. 1
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904.
relating to unsworn falsification to authorities.
Ua~ L ![;~ U"d'OJ
Date: 2-/ ~ -'ez1.
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JILL WEST.
Plalntln
va.
DAVID WILLIAM THRUSH. SR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO, 96.325 CIVIL
PROTECTION FROM ABUSE AND
CUSTODY
..................................................................................--.....-..............-...--..................-.....-..-.....-.....-.-...
DAVID WILLIAM THRUSH, SR.,
Plalntln
vs.
JILL WEST.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 274 CIVIL 1996
CIVIL ACTION - CUSTODY
IN CUSTODY
AND now, this b' day of ri hi'. f a--vV~, 1996, I, Carol J. Lindsay, Esquire,
of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys, hereby certify that
I served the within Plalntln's Answer to Petition of Defendant for Protection Order on Behalf
of Himself and His Child this day by depositing same in the United States Mail, First Class,
Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Samuel W. Milkes, Esquire
JACOBSEN & MILKES
52 East High Street
Carlisle, PA 17013
FLOWER, MORGENTHAL FLOWER & LINDSAY
By:
Esquire
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JILL WEST,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-325 CIVIL
PROTECTION FROM ABUSE AND
CUSTODY
Plaintiff
va.
DAVID WILLIAM THRUSH, SR.,
Defendant
-....-..---------------------------------------------------..
DAVID WILLIAM THRUSH, SR"
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 274 CIVIL 1996
CIVIL ACTION - CUSTODY
IN CUSTODY
vs.
JILL WEST,
Defendant
AND now, this ~ day of MJ1hr a-tA-1--' 1996, I, Carol J, Lindsay, Esquire,
of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys, hereby certify that
I served the within Plaintiff's Answer to Petition of Defendant for Protection Order on Behalf
of Himself and His Child this day by depositing same in the United States Mail, First Class,
Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Samuel W, Milkes, Esquire
JACOBSEN & MILKES
52 East High Street
Carlisle, PA 17013
FLOWER, MORGENTHAL FLOWER & LINDSAY
By:
EsquIre
.
JILL WEST,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-325 CIVIL
PROTECTION FROM ABUSE AND CUSTODY
Plaintiff
va.
DAVID WILLIAM THRUSH, SR.,
Defendant
TO THE PROTHONOTARY:
Please withdraw my appearance as counsel for the Plaintiff above, Jill West, in the captioned
case.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
By:
=
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Carol J, Undsay, Esquire
10 II 44693
11 East High Street
Carlisle, PA 17013
(717) 243.5513
fRAECIPE TO ENIfR APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as counsel for the Plaintiff above, Jill West, In the captioned
case,
SODUS & VERNEY
By:
l'--.l . ,-1__ ~
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Jacqueline M, Verney, Es' ulre, '
-37-SouthHanover-Street"/ ,h,.. p' 1,.,..-
Carlisle, PA 17013
(717) 243.9190
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JILL WEST
Plaintiff/Defendant
v,
IN THE COURT OF CQ[~MON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
96-0325 CIVIL TERM ~
96-0274 CIVIL TERM
PROTECTION FROM ABUSE & CUSTODY
DAVID WILLIAM THRUSH, SR.
Defendant/Plaintiff
IN RE: Motion for Continuance
ORDER OF COURT
AND NOW this
f..
day of February, 1996 a hearing on the
cross motions for protection from abuse is set for WtlJ....~,
N-y IV', 1996 at II'..
Orders shall remain in effect.
A...."" .
,
The Temporary Protection
Pending a hearing, the child, David
William Thrush, Jr. shall not be removed from Cumberland County
pending further order.
BY THE COURT
Kev'n A. Hess, Judge
cc:
Samuel Milkes, Esq,
attorney for the Defendant/Plafntiff
//
Jacqueline M. Verney, Esq.
attorney for the Plaintiff/Defendant
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Plaintiff/Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
DAVID WILLIAM THRUSH, SR.
Defendant/Plaintiff
96-0325 CIVIL TERM
96-0274 CIVIL TERM
PROTECTION FROM ABUSE & CUSTODY
MOTION FOR CONTINUANCE
AND NOW comes Jacqueline M, Verney, Esquire of Sodus & Verney,
counsel for Plaintiff/Defendant, Jill West, and represents the
folloWing in support of this Motion for Continuance:
1. A hearing is scheduled for February 15, 1996 at 1:30 p,m.
in the above-captioned cross motions for Protection from Abuse and
Custody.
2. Plaintiff/Defendant, Jill West's counsel Jacqueline M.
Verney, Esquire entered her appearance in this matter on February
9, 1996.
3, On January 30, 1996, prior to entering her appearance in
this matter, Jacqueline M. Verney, Esquire had registered and paid
for attendance at the Pennsylvania Bar Institute Seminar
"Fundamentals in Estate Planning" presented in Harrisburg,
Pennsylvania from 9:00 a,m. to 5:00 p.m. on February 15, 1996,
4, It is necessary for Jacqueline M. Verney, Esquire to
.
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attend said seminar to be credited with continuing legal education
(CLE) credits in accordance with Supreme Court rules requiring said
CLE credits.
5, Jacqueline M. Verney, Esquire is in Compliance Group I
which requires completion of nine hours of CLE credits prior to
April 30, 1996,
WHEREFORE, Plaintiff/Defendant requests this Honorable Court
to grant her Motion for Continuance.
Respectfully submitted,
SODUS & VERNEY
By qcv/,,_. 1'_... ?l~, t!;_.~ "-^--;r-
J1cqu~line M. Verney, Esqui~e
:E.D. No, 23167
7 Irvine Row
Carlisle, PA 17013
717/243-9190
Attorney for Plaintiff/Defendant
.
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CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of
Plaintiff/Defendant's Motion for Continuance upon Samuel Milkes,
Esq. by hand delivery on the 9th day of February, 1996.
Respectfully submitted,
SODUS & VERNEY
B \ Ii. '+>.) 1/
J~C~~i~~-M~ve:~ey~'~~
1.0. NO'. 23167
7 Irvine Row
Carlisle, PA 17013
717/243-9190
Attorney for Plaintiff/Defendant
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JILL WEST,
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
: 96-0325 CIVIL TERM /'
I 96-0274 CIVIL TERM
I
I 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 follows:
1. The hearing scheduled in this case for Wednesday, February 14,
1996, at 1:30 P.M., in Courtroom No.4 shall continue as scheduled.
The issue to be addressed at this hearing is the paternity issue
raised by the Mother in her answers filed in the custody action.
Mother shall proceed initially with the testimony. Counsel for
both parties shall file with the Court on or before 11:00 A.M. on
February 14, 1996, a Memorandum setting forth the following I
A. The history of custody in this case.
B. The law on the issue of paternity by estoppel.
C. Any law with respect to either party's ability to request
blood tests on the paternity issue.
D. A list of witnesses that
hearing along with a brief
testimony of each witness.
E. The law on whether Father may claim custody pursuant to
the legal theory of in loco parentis.
the party will call at the
summary of the anticipated
This Memorandum shall also be served on opposing counsel.
2. The temporary protection orders issued in these cases shall
remain in effect with a final resolution on said orders to be made
by further Order of this Court after 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 as
follows I
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A. The parties shall alternate physical custody on weekends
from Friday at 5100 P.M. until Monday morning at 9100 A.M.
During the week, Father shall have custody on Tuesday and
Thursday from 6100 P.M. until BIOO A.M. the following morning
for each day. The Mother should have custody other times
during the week.
4. The above-referenced temporary custody arrangement shall not
in any way prejudice either party from claiming that that party
should have primary physical custody of the minor child in the
event this case goes to a full hearing on the custody issue.
s. Upon the issuance of a decision on the paternity issue and in
the event the decision is such that David William Thrush, Sr. is
found to be the Father, counsel for the parties at that point will
be directed to contact the Custody Conciliator for a telephone
conference to determine whether another conciliation conference is
necessary or whether the case should be scheduled for a hearing on
the merits for custody issues. The parties can also work out at
that time any necessary extension for the protection from abuse
orders.
By the Court,
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cc:
Samuel W. Milkes, Esquire
Jacqueline M. Verney, Esqui
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JILL WEST,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA:
96-0325 CIVIL TERM
: 96-0274 CIVIL TERM
:
: CIVIL ACTION - CUSTODY
Plaintiff
v
DAVID WILLIAM THRUSH, SR.,
Defendant
PRIOR JUDGE: The Honorable Kevin A. Hess
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
19l5.3-B(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 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 William Thrush, Sr., with his counsel,
Samuel L. Milkes, Esquire, and the Mother, Jill West, with her
counsel Jacqueline M. Verney, Esquire.
3. There are a number of issues before the Court at this time.
Not only do we have custody issues, but we have two Petitions for
Protection 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.
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JILL WEST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-325 CIVIL TERM
DAVID WILLIAM THRUSH, SR.,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
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AND NOW, this ~ da}' of Manh, 1996, this Court certifies
that the attached complaint has bean properly completed and
verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
petition, the defendant, DAVID WILLIAM THRUSH, SR., is directed
to appear for trial on the charge of Indirect Criminal Contempt
before the Court on the ,jl/r--day of /1('1: 1 ,1996 at /.3()
o'clock ~ .m. in Courtroom .~ of the Cumberland County
courthous~, Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the defendant cannot afford an at:torney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact ~hould be made prior to trial with
the Cumberland County publ1c Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
B~' the Court,
C", 'l (Yl':l.lcc-l
~r"i{q(.. Michael S. Schwoyer
~~ Chief Deputy District Attorney
DAVID WILLIAM THRUSH, SR.
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-325 CIVIL TERM
DAVID WILLIAM THRUSH, SR.,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Michael S. Schwoyer, Chief Deputy District Attorney of
Cumberland County, Pennsylvania brings the following Petition for
a hearing on charges of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2. The defendant's violation of this Order is averred in
the attached private criminal complaint.
3. The victim requests the filing of an Indirect Criminal
Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The Commonwealth is requesting a trial on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 56113.
6. The plaintiff and the defendant may seek modification
of the Order based on the filing of this petition as the Court
deems appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. 56117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
Mich el S. yer
Chie Deput:y District Attorney
.
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JILL WEST,
plaintiff
IN THE COURT OF COMMON PLEAS OF
vs.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96- ~v': )-CIVIL TERM
DAVID WILLIAM THRUSH, SR.,
defendant
PROTECTION FROM ABUSE
AND CUSTODY
TEMPORARY PROTECTION ORDER
AND NOW, this ,~ i AlL day of January, 1996, upon
presentation and consideration of the within Petition, and upon
finding that the plaintiff, JILL WEST, now residing at 1584 pine
Road, CarliSle, Cumberland County, Pennsylvania, is in immediate
and present danger of abuse from the defendant, DAVID WILLIAM
THRUSH, SR., the following Temporary Order is entered.
The defendant, DAVID WILLIAM THRUSH, SR., SSN:161-56-8769
and DOB:6/25/67 now residing at 972 Old York Road, carlisle,
Cumberland County, Pennsylvania, is hereby enjoined from
physically abusing the plaintiff, JILL WEST, or placing her in
fear of abuse.
The defendant is ordered to stay away from the plaintiff's
residence located at 1584 pine Road, CarliSle, Cumberland County,
Pennsylvania, a residence which is owned solely by the plaintiff
and from which the defendant left on January 15, 1996.
The defendant is ordered to refrain from having any direct
or indirect contact with the plaintiff inclUding, but not limited
to, telephone and written communications, except for the limited
purpose of facilitating custody arrangements.
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives.
^
The defendant is enjoined from entering the plaintiff's
place of employment.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned by the plaintiff.
A violation of this Order may subject the defendant tOI i)
arrest under 23 Pa.C.S. 56113; ii) a private criminal complaint
under 23 Pa.C.S. 56113.1; iii) a charge of indirect criminal
contempt under 23 Pa.C.S. 56114, punishable by imprisonment up to
six months and a fine of $100.00-$1,000.00; and iv) civil
contempt under 23 Pa.C.S. 56114.1. Resumption of co-residence on
the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
This Order shall remain in effect until modified or
terminated by the Court and can be extended beyond its original
expiration date if the Court finds that the defendant has
committed another act of abuse or has engaged in a pattern or
practice that indicates continued risk of harm to the plaintiff.
Temporary physical custody of DAVID THRUSH, JR., is hereby
awarded to the plaintiff, JILL WEST, and periods of custody in
the father, DAVID THRUSH, SR. at times to be agreed upon by the
parties.
The defendant is ordered to return the child to the custody
of the plaintiff. The Sheriff's Department shall assist the
plaintiff in retrieving the child.
rt<--
A hearing shall be held on this matter on the 3J day of
January, 1996, at
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,
Carlisle, Pennsylvania.
County Courthouse,
.
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing.
The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiff's request and without pre-payment
of fees, but service may be accomplished under any applicable
rUle of civil Procedure.
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this Order to the defendant
by mail.
The Pennsylvania state and Carlisle Police will be provided
with certified copies of this Order by the plaintiff's attorney.
This Order shall be enforced by any law enforcement agency where
a violation occurs by arrest for indirect criminal contempt
without warrant upon probable cause that this Order has been
viOlated, whether or not the violation is committed in the
presence of the police officer. In the event that an arrest is
made, under this section, the defendant shall be taken without
unnecessary delay before the court that issued the order. When
that court is unavailable, the defendant shall be taken before
the appropriate district justice. (23 Pa.C.S. S 6113).
By the Court,
10Jj41\
TRUE COPY FROM RECORD
In Testimony whel~~I, I h~rtl ualo sol my hafld
and Ihe seal 01 M:.' (:..~ir at Cdrlisle Pa
fly~t'::i,-dali. u~i'tJ::: ,'*-
Prothonotary
, Judge
ORDER
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96.325 CIVIL TERM /
NO. 96.274 CIVIL TERM
CUSTODY
PROTECTION FROM ABUSE
JILL WEST,
Plaintiff
DAVID WILLIAM THRUSH, SR.,
Defendant
AND NOW, this
1(.'
day of February, 1996, in accmdance with the agreement of
the parties, as announced in open court and in their presence, it is ordered and directed that:
1. Each party hereto .hall be enjoined from physically abusing the other or threatening
to abuse the other or harassing the other or placing the other in fear of abuse. Eaeh party is
enjoined from having direct or indirect contact with the other except for the purpose of making
arrangements regarding child custody or for the purpose of exchanging property hereinafter
referenced.
2. The parties shall share legal and physical custody of David Thrush, Jr., born February
20, 1992, with the paternity of David William Thrush, Sr., acknowledged. The father shall have
custody of said child every other weekend from Friday at 5:00 p.m. until Monday at 9:00 a.m.,
beginning the weekend 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 have
physiral custody at other times except as follows:
a. Provided that at least thirty (30) days advance notice is given. each party may exercise
up to two wceks of vacation during the year, which may be consecutive, but not so as to interfere
with the holidays.
b. The parties will alternate the following holidays from year to year: Easter, Memorial
Day, 4th of July, L1bor Day, Christmas Eve, Christmas Day, and New Year's. With respect to
. . .
Christmas Eve, the party having Christmas Eve SIHIII exercise partinl custody from 5:00 p.m. until
l):OO a.m. on Christmns Dny, and the uther pnrty shnll hnve the ehild un ChristnHL~ Day. The
pnrties shall share the Thank.~giving huliday with the fnther hnving physical custody from 8:00
a.m, to 3:00 p.m" and the muther from 3:00 p.m. until !l:OO p.m.
e. The mother shnll have the child un Muther's Ony ,lOd the father shall have the child
un Father's Day. The pnrties shall nlternnte custudy un the child's birthday, with the father
exercising said custody fur the yenr 1996. On the ehild's birthday, the parent then uut of custody
shnll be allowed reasonable access fur the purpuse uf presenting presents or a brief celebration.
3. The custody of the child, David Thrush, Jr., shnll be subject to the further additionnl
conditions:
a. The child will not be left in the primary enre uf Miles Worthington nt any time except
for brief periods necessitated on an occasional basis.
b. The child will be exehnnged nt a neutral site, agreed upon by the parties. In addition
to the parties, the following persons may participate in the exchange: Scott Thrush; Petie
Worthington; or Jamie Like.
e. When in the father's care, the child shall generally reside with the father at the father's
residence but may reside at other locations fur brief and occasional periods.
d. Neither party shall make any disparaging cummcnts of the other in front of the child
ur within the hearing of the child or usc abusive language within the hearing of the child.
Neither parent shall abuse or threaten the child in a physical manner, nor will either parent
expose the child to excessive drinking or illegal drugs. Each parent shall permit the child libernl
access by telephone to the other parent. Ench parent shnll notify the other of any medical
emergencies which occur. Each parent shall nssure that the child has the use uf car restrainl~ nt
any time he is in a motor vehicle.
4. The father, David William Thrush. Sr.. will withdraw the support action which he hns
filed against the mother. The parties will contribute equally to work-related child care expenses
and to the child's medical insurance costs and medically related expenses.
5. In connection with the Protection from Abuse maller, the parties shall distribute
certain personal property between themselves, including motor vehicles, and adjust insurance
coverage in accordance with the terms and conditions as announced in open court, at the hearing
of this maller, on February 14, 1996.
BY THE COURT,
4t~e:fi. d.
Jacqueline Verney, Esquire
For the Plaintiff
/
_ C~ ~L :~/~;L'qb~
...~,l
Samuel Milkes, Esquire
For the Defendant
:rlm
TRUE COPY FROM RECORD
In Testimony whailJOf, I hereunto set my hand
and Ihe seal 01 s--.iJ G()~I t at Carlisle, Pa.
Pt~;l~d!. ~~'3.i/.q,
Proth
Joan Carey. Esquire
For the Plaintiff
c
JILL WEST, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 96.325 CIVIL TERM
DAVID WILLIAM THRUSH, SR., :
Defendant PROTECTION FROM ABUSE
~ ORDER
AND NOW, this j.. t( day of January, 1996, upon information that the
defendant herein filed a complaint for custody on January 19, 1996, involving the same parties.
docketed at 96-0274 Civil Term, and it appearing that Judge Hess entered a custody order on
January 19, 1996, the temporary custody provision of our order of January 22, 1996, in the
protection from abuse case is hereby VACATED. The remaining provisions of our temporary
protective order of January 22, 1996, shall remain in full force and effect. The protection from
abuse matter is transferred to Judge Hess for further hearing.
BY TIlE COURT.
Samuel Milkes, Esquire
For the Defendant
et--~;,("" .m'~.i,.(" IIJS/~b ~
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TRUE COPY FROM RECORD
In Testlmony WhOiccf, I k":llI:lh~ ~!Jt my hand
and the seal of sailJ ..::.;,; ;:1 CJrlisfe, Pa.
~;d ~~~ l~l )~~:; I4~U~
ProthoOolary
CRIMINAL COMPLAINT (POLICEI
TYPE
NUMBER
COMPLAINT NUMBER
YEAR
Campi,,", Number. It O,h., Pa,tlclp.nll
DISTRICT JUSTICE
MAGISTERIAL DISTRICT NO.
INCIDENT NUMBER UCR ND.
H2-8704l4 260
DTN
J. _~ ~_Tpr .-Jeffrey-BRAID
('\''''''''''/ ~l/fI.mtJ
COMMONWEAL TH OF PENNSYLVANIA
llHrNDANT \IS,
NAMr r
AND David W. THRUSH Sr. W/N-M-28 06/25/67
ADDnrss 972 W. Old York Rd.
carlisle, PA 17013
PA OLN 21855864
SSNI l67568769
uf -!'a C::sa~9 \'-::011011
tld.."',/)' 1'1''''''''''"' 01 ".t'tlq' rf'I',rSf'tth'u "rrd I","tln" tllhc/"'UUUlJ
RSA
AKA
do herehy slate:
(11l3ax J al'l'Use 1I11' ahove named dl'fendant. who lives al the addn'ss sel forth ahOVl' or.
o I al'l'use an individual whuse nallll' is unknown to ml' hut who is dl'scrihed as
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:;
!-
t
,
.
?
o his nicknaml' or popular dl'si~nalion is unknown to ml' and, lherefun'. J have dl'sih~latl'd him hl'rein as John Due;
wilh viC)latin~ lhl' pl'nallaws of 1I11' l'omll1unwl'alth of I"'llnsylvania at
~-ll55-I'!ina-Rd.-Dickinson-'lWP-.
J> .. . in-Cumbedand- ___.county un ur ahuut-l8oo-l.to. 0.. 03/12/96
artlclpanls WPrt' "! t",-,,' "Of' IllJ"h If''''''', (1/0111' tll,'" 1I.",wl/ll"r, '1'/,1'0111111.' 1Iu' 1101"'" "l ""''''f' ,t.,/.,ntloJ"'1
!I'I,JI,'.I'"/I",JI,\"hllJUlh"',
David W. THRUSH
(2) The acts committed by lhe accused wl'rl':0 INDIRECT CRIMINAL CONTEMPT
In that the defendant did violate an order under the protection from abuse act, no. 96~, J~5
Civil 1996 dated Feb. 16, 1996. This order was issued by the Court of Common Pleas in
Cumberland Co. PA. This order prohibits the defendant from causing any physical or verbal
abuse or using derrogatory language in front of the defendants child reguarding the plaintiff.
PROBABLE CAUSE AFFADAVIT: This officer was dispatched to the residence of Jill WORTHINGTON -
formerly Jill WEST - for an alleged Protection from Abuse Order violation. This violation al-
legedly happened at approx 6:00PM on 03/12/96 at the King's Gap Store at 1155 pine Rd.
Carlisle, PA. The defendant was reported to have struck Mrs. WEST in the face and to have
spat on her and called her derrogatory names in front of the child they were to exchange
custody of as per the custody agreement from Judge HESS. The defendant did admit to spitting
on Mrs. WORTHINGTON AND calling her names when this officer spoke to him on 03/12/96.
all of whit'h werl' a~ainst the peace and dil:l1ity of the Commonwl'alth of I'l'nnsylvania and contrary to thl' Act of ASSl'mhly.
or in VIolation of ';71':1, and of thl' Act of Tit]" 42. Violation of Order, PFA
,.'\1'1"""") !.'"utl-In"",,/
or tht'
Ordinancl' of
1''..tlflili/.\"rHI'''If,H'i
(3) 1 ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges
I have made.
(4) I, verify that the facts set forth in this complaint are true and correct to the best of my knowledge or infor.
mation and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code
(18 Pa. C.S. 84904) relating to unsworn falsification to authorities.
March 12, 1996
4L-L"1/L., ~J
(Si/naturc of "'(iant)
, 19
AND NOW, on this , 19 . 1 certify the complaint has been properly completed and
verified. and that there is probable calise for the issuance of process.
-_.__._--_.~-_.-
(.\'a~JStl'rial /JutnC"l)
(SEAL)
fh.'IUlnJ: Authority)
AOPC 41186PO
SEE REVERSE SIDE FOR WAIVER AND FOOTNOTES
A. THOMAS KLINE
Shenff
HORACE A JOHNSON
SOl IcHor
o
.., of (lIulllb
~<(tolo"" e~/q
~l "'I)
RONNY R. ANDERSON
Chle' Depuly
OFFICE OF THE SHERIFF
AUDREY G_ ADAMS
Rea' ESlale Depuly
Courl House
Carlisle, Pennsylvania 1701 J
April 17, 1996
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Lawrence E. Welker
Cumberland County Prothonotary
Carlisle. Pennsylvania
SUBJECT, Civil Subpoenas
I. 96-0150 Civil
2. 196-0325 Civil
3. 96-994 Civil
4. 95-5365 Civil
5. 95-6944 Civil
Johnny Borrelli
2.52
5.60/
David Thrush Sr.
Richard Scott Jr.
8.96
13.44
Larry Carroll Sr.
Tony 8allance
2.52
Total
33.04
So ..;.nswe;;:/ ,>" _
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; . ,..---,
R. Thomas Kline, Sheriff
JILL WEST,
Plaintiff
IN THB COURT OF COMMON PLEAS OF
CUMBBRLAND COUNTY, PBNNSYLVANIA
V.
96-0325 CIVIL TBRM
DAVID WILLIAM THRUSH, SR.,
Defendant
CHARGB: INDIRECT CRIMINAL CONTBMPT
ORDBR OF COURT
AND NOW, this 24th day of April, 1996, upon representation
that defense counsel has requested a continuance and the
Commonwealth is unopposed to this request, the trial in this
matter is continued until June 3, 1996, at 3:30 p.m. in Courtroom
Number 3.
The Court Order of February 16, 1996, is to remain in full
force and effect.
By the Court,
J.
Michael S. Schwoyer - t"'~1 'f'VJ.t1..J;.C.} CH~.,.", tft :J<J-/'i4t .
Chief Deputy District Attorney Q 0 ~
_A ij.
- ~'cr {>>-...;,L<&" 'I-/::l. 'i /96 '
-l.~J
Samuel Milkes, Bsquire
for defendant
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SODUS & VERNEY
Anomc)'I....Llw
PO. Bo. 916
CarIi,le, Pcnn,)'lvaniI110U
(717) 24J.919O PIC.I...I. (717) 24).9948
.
AF' . ,,,if'
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.
JILL WEST (WORTHINGTON)
Pet! t!oner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
96-0325 CIVIL TERM ~
96-0274 CIVIL TERM
PROTECTION FROM ABUSE & CUSTODY
V.
DAVID WILLIAM THRUSH, SR.
Respondent
ORDER OF COURT
AND NOW, this ~~f1h- day of April, 1996, upon consideration
of the attached Pet~or Modification, it is hereby directed
t at the arties and their respective coun el ap ear before
the conciliator, at J . I, ' . PI.
~mb~rlrtd C unt PennsJ'lvani~, on the day of M...y
Y'1. rn', 1996 at q'~ .lL.m. for a Pre-Hearing Custody
Conference. At such conference, an effort will be made to resolve
the issues in dispute; or if this cannot be accomplished, to define
and narrow the issues to be heard by the Court, and to enter into
a temporary order. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
FOR THE COURT
~~~/1 ~J~~[y,
Custody Conciliator ~ ~~r'
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR, 4TH FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 240-6200
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JILL WEST (WORTHINGTON)
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
V.
DAVID WILLIAM THRUSH, SR.
Respondent
96-0325 CIVIL TERM
96-0274 CIVIL TERM
PROTECTION FROM ABUSE & CUSTODY
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.
Petitioner,
obtained
Mother,
has
employment which prevents her from picking up
the child from Respondent at 8:00 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 permi ts 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.
. .
-
.
#, q-.....At "fi
WHEREFORE, Peti tioner 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 & VERNEY
By t
J ine M. Verney,
I.D. . 23167
7 Irvine Row
Carlisle, PA 17013
717/243-9190
Attorney for Petitioner
....~-.. -A. ,
-
VERIFICATION OF PLEADING
I verify that the statements made in this Petition for
Modification are true and correct.
I understand that false
statements herein are made subject to the penalties of
18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities.
~JOLt '1
Jill worthington, Pet
^
. ,
-
FEB 2 ~ 1996
JILL WEST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERlAND COUNTY, PENNSYLVANIA
NO. 96.325 CIVIL TERM
NO. 96.274 CIVIL TERM
CUSTODY
PROTECTION FROM ABUSE
vs.
DAVID WILLIAM THRUSH, SR.,
Defendant
ORDER
AND NOW, this
I~'
day of February, 1996, in accordance with the agreement of
the parties, as announced in open court and in their presence, it is ordered and directed that:
1. Each party hereto shall be enjoined from physically abusing the other or threatening
to abuse the other or harassing the other or plaeing the other in fear of abuse. Eaeh party is
enjoined from having direet or indirect contact with the other except for the purpose of making
arrangements regarding child custody or for the purpose of exehanging property hereinafter
referenced.
2. The parties shall share legal and physical custody of David Thrush, Jr., born February
20, 1992, with the paternity of David William Thrush, Sr., acknowledged. The father shall have
custody of said child every other weekend from Friday at 5:00 p.m. until Monday at 9:00 a.m.,
beginning the weekend 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 have
physical custody at other times except as follows:
a. Provided that at least thirty (30) days advance notice is given, eaeh party may exercise
up to two weeks of vacation during the year, which may be conseeutive, but not so as to interfere
with the holidays.
b. The parties will alternate the following holidays from year to year: Easter. Memorial
Day, 4th of July. L.1bor Day, Christmas Eve, Christmas Day, and New Year's. With respect to
- ,
.
-
Christmas Eve, the party having Christmas Eve shall exercise partial custody from 5:00 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 father having physical custody from 8:00
a.m. to 3:00 p.m., and the mother from 3:00 p.m. until 8:00 p.m.
c. The mother shall have the child on Mother's Day and the father shall have the child
on Father's Day. The parties shall alternate custody on the child's birthday, with the father
exercising said custody for the year 1996. On the child's birthday, the parent then out of custody
shall be allowed reasonable access for the purpose of prcsenting 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 left in the primary carc of Miles Worthington at any time except
for brief periods necessitated on an occasional basis.
b. The child will be exchanged at a neutral site, agreed upon by the parties. In addition
to the parties, the following persons may participate in the exchange: Scott Thrush; Petie
Worthington; or Jamie Like.
c. When in the father's c.1re, the child shall generally reside with the father at the father's
residence but may reside at other locations for brief and occasional 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 abusive language within the hearing of the child.
Neither parent shall abuse or threaten the child in a physical manner, nor will either parent
expose the child to excessive drinking or illegal drugs. Each parent shall permit the child liberal
access by telephone to the other parent. Each parent shall notify the other of any medical
emergencies which occur. Each parent shall assure that the child has the use of car restraints at
any time he is in a motor vehicle.
4. The father, David William Thrush, Sr.. will withdraw the support action whieh he has
.
.
-
filed against the mother. The parties will contribute equally to work-related child care expenses
and to the child's medical insurance costs and medically related expenses.
S. In connection with the Protection from Abuse matter, the parties shall distribute
certain personal property between themselves, including motor vehicles, and adjust insurance
coverage in accordance with the terms and conditions as announced in open court, at the hearing
of this matter, on February 14, 1996.
BY TIlE COURT,
~~e1j.d.
Jacqueline Verney, Esquire
For the Plaintiff
/
Samuel Milkes, Esquire
For the Defendant
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In Tc"t:m~I1'/ \',hcrco' , ~ RECORD
and Iho sedl of sd'd C' . :.uP. un'? Sl?t my hand
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Chief Deputy District Attorney
J.
JILL WEST,
Plaintiff/Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-325 CIVIL TERM
DAVID WILLIAM THRUSH, SR., :
Defendant/Complainant: CHARGE: INDIRECT CRIMINAL CONTEMPT
II ~RDER OF COURT
AND NOW, thia ~ day of May, 1996, this Court certifies
that the attached complaint has been properly completed and
verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, the plaintiff/defendant, JILL (WEST) WORTHINGTON, is
directed to appear for trial on the charge of Indirect Criminal
Contempt before the Court on the 3rd day of June, 1996 at ~
o'clock p.m. in Courtroom H 1 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact ahould be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By the Court,
JILL (WEST) WORTHINGTON
.'- .
JILL WEST,
Plaintiff/Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-325 CIVIL TERM
DAVID WILLIAM THRUSH, SR., :
Defendant/Complainant: CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Michael S. Schwoyer, Chief Deputy District Attorney of
Cumberland County, Pennsylvania brings the following Petition for
a hearing on charges of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2. The plaintiff/defendant, Jill (West) Worthington's
violation of this Order is averred in the attached private
criminal complaint.
3. The defendant/complainant requests the filing of an
Indirect Criminal Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The Commonwealth is requesting a trial on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. S6113.
6. A hearing between the parties is already scheduled for
June 3, 1996.
7. The plaintiff and the defendant may seek modification
of the Order based on the filing of this petition as the Court
deems appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. S6117.
f. lIY,. ..t~i,t.d,
J'"._-~W
el S. ~~~YElr
. ,.
Deputy D~Btr1ct Attorney
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt on June 3, 1996.
Mich
Chie
_.'
,
.
QlIMlNAL COMPlAINT
(PRIVAlE)
INDIRECT CRIMINAL CONTEMPT
JURT OF COMMON PLEAS OF
JM8ERLAND COUNTY
INCIOlNr NUMlIEA cn NO.
01
: ~~~:'.. ': r~~: ~
islricl Allorney's Office @ 0 Approved 0
(Iu.w/)QttJ
(Si,""Uff)
Disapproved because: <:OMMONWEALnt OF PENNSYLVANIA
OCfC/:IDANT: VS.
NAME rJILL hUlnlllNGl'ON i~h~
AND
AOOl1ESS 1584 Pille Hond
CnrliHle, PA 17013
D.O. B. 8/19/72
S. S. ,
(Nam.qf AjJia./)
I. DAVID \~ILLIAM 'I1IHUSII, Silo
(I<knllfj' d"..m_, Of' ar<IIQ' "pra<n'M ..d pDll,kaI.lIbJM,kJ.)
:Iding at Cunberlnlld County, Pennsylvanin
~ebY slale:
) I accuse the above named deCendant, ,who lives at the addrC$$ set (orth above or.
I accuse an individual whose name is unknown to me but who is described as
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o his niclcname or popular designation is unknoWn to me and. therefore. I havc dcslgnatcd him hercln as John
Doc. with violati/lg the~alll!r oC the Commonwealth oC Pennsylvania al "
thl' 'intersectlOn ot- lIT. ts and \~nlnut Eott<IiI H"l1d 1111<1 South Mid, an
o owns lp in lIll r all Counly on or about Mutil 11. 19')) axl M'lIrh Tl/ll, Iq:)f,
Participants were (VtIr<tt Wft pot1ldpanll.P/_tMI, na.... h<n, ttpoaIIf16 141_1/1.60.. dt/tnda.t)J
:) The acts commlllcd by lhe accused were;@ DID VIOLATE A PROTECTION FROM' 'ABUSE' O'RDER
AHD: .!i..OOl1ry 16. 19')) AT DOCKET NUMBER %-325 CM1.1HM
N THAT DEFENDANT DID THE FOLLOWING ACT.S IN VIOLATION OF THE ORDER:
In tlnt the> d2fmhlt did violate m Onl?r L11Tr tiT.' Protretim frun ~ tet, tv. ,%-325, Civil'll::m1!.(bttu
Rbnxu:y 16, 19')). 'JHi.'l Onbr lollS i<;.'u,u I:y tiT.' ChIrt: of Unnm Plros in Qnlrrunl Gully Itn'Sj'lvarla. 'Uris
On!;r pn:hibits tiT.' d2fm::mt [run p1j'S:ica1~y alu;iJ);, tlm.\'Itrnirg \D a1u~, Inrnssirg, or pla:irg ill foor of a1u~
UNid'llmlql, Sr. .
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HOWiE ~ flFFID\VIT: (h or alnJt S:ll1mby, ~tu:dlll, 19')) or in tiT.' oorly nomirg 1= of Snby, l1nth 31, 19'))
tiT.' ch[Ul1~lt Wl.S drivirg his \d1ide m Wiliut Ibttnn Rro, IlNirg just pid<ul 4' his girHriml in Carlisle, mI '
n>nnnirg \D his I1:'S:id:n:.-e. \.J1i1e drivirg 1n1t', h.. mtiuxl a\d1ide 1JRm-n:-i1irg lilin [run tiT.' left sid2, in m
111m in wlli:h tiT.' nn11nrtU<.S \D a u..o laP sOll!t. flttnlplD:l \D nil Hr. 'llmSloff tiT.' nnI J::r,r "WLcu.ltiJ~ him fmn
l~ ~SWelc ~ ~ cf1tlififtt~ t..omIlRloW""",.'.1l ...........+anur ouu-eooll'lrY'tOiUlo',. 01' lUSc:llili.),
: In violat1Ol1 or anc! _ of the kt of
. (S<<tJan) ~
; the Ordlnancc of ~.'.._a_~~~.
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I ask that a warrant oC arrest or a summons be Issued and thaI the accused be required to answer UIC charges
I have made.
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I veriCy that the (acts set Corth in this complainl arc true and correct to UIC best of my knowledce or inComllition
and belief. This verification is made subject to lhe penalties oC Section 4904 oC the Crimes Code (18 Pa. C. S.
~ 4904) rclatinc to unsworn Calsification to authorilics.
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.ND NOW. on this date . 19 _' I certify lhe COlllllloint hus been properly completed and
criricd, and that there is probable cause Cor issuance oC process.
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(SEAL)
The defendant's actions were so sudden as to cause her to hit the
road divider and to be driving on two wheels for a brief period of
time. After the defendant was then in front of Mr. Thrush's
vehicle, she continually applied her brakes in an err.atic manner,
further causing Mr. Thrush to be in fear that the defendant's
actions would cause him either to run off the road or would cause
a collision with Ms. Worthington's vehicle. Ms. Worthington then
pulled off to the side of the road and after Mr. Thrush passed her,
she again continued to pursue him, entering into North Dickinson
Township. She passed Mr. Thrush's vehicle by entering into the on
coming lane of traffic and again darted in front of Mr. Thrush in
an erratic and threatening manner, causing skidding of her vehicle
and causing her again to appear to have been driving on two wheels
for a brief period of time. For approximately two miles, she
continued to drive in front of Mr. Thrush, repeatedly braking in
front of him. Ms. Worthington's vehicle did ultimately come to a
stop in North Dickinson Township because she so severely lost
control of her vehicle that it ended up damaged and stuck off the
side of the road, to the extent that she ended up having to leave
the vehicle by crawling out of her truck. When Mr. Thrush stopped
upon seeing her vehicle, she continued to act in an erratic and
threatening manner and accused Mr. Thrush of having previously
scratched her truck, which he did not do.
On or about March 11, 1996, the defendant telephoned Mr.
Thrush's residence and upon not receiving an answer, left a
harassing telephone message, which contained severe vulgarity,
which was yelled into the telephone, and which included allegations
that Mr. Thrush was not the father of the child who was a subject
of this Protection from Abuse case, David Thrush, Jr. This last
statement was made despite the fact that in connection with the
Court's February l6, 1996 Order, it was acknowledged that David
William Thrush, Sr., is the father of David Thrush, Jr.
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JILL WEST,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96.325 CIVIL TERM /
NO. 96.274 CIVIL TERM
CUSTODY
PROTECTION FROM ABUSE
ORDER
DA VID WILLIAM THRUSH, SR.,
Defendant
AND NOW, this
I~'
day of February, 1996, in accordance with the agreement of
the parties, as announced In open court and in their presence, it is ordered and direeted that:
I. Eaeh party hereto shall be enjoined from physically abusing the other or threatening
10 abuse the other or harassing the other or plaeing the other in fear of abuse. Eaeh party is
enjoined from having direet or indirect contact with the other except for the purpose of making
arrangements regarding child custody or for the purpose of exchanging property hereinafter
referenced.
2. The parties shall share legal and physical custody of David Thrush, Jr., born February
20, 1992, with the paternity of David William Thrush. Sr., acknowledged. The father shall have
custody of said child every other weekend from Friday at 5:00 p.m. until Monday at 9:00 a.m.,
beginning the weekend 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 have
physical custody at other times except as follows:
a. Provided that at least thirty (30) days advance notice is given, each party may exercise
up to two weeks of vacation during the year, which may be conseeutive, but not so as to interfere
wilh the holidays.
h. The parties will allernale Ihe following holidays from year 10 year: EaSIer. Memurinl
Dny, 41h of July. Lnhur Dny, Chrislmns Eve, Chrislmns Day. nnd New Year's. With respect 10
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Christmas Eve, the party having Christmas Eve shall exercise partial eustudy frum 5:00 p.m. until
9:00 a.m. on Christmas Day, and the uther party shall have the child un Christmas Day. The
parties shall share the Thanksgiving holiday with the father having physical custody from K:(){)
a.m. to 3:00 p.m., and the mother from 3:{)() p.m. until K:oo p.m.
e. The mother shall have the child on Mother's Day and the father shall have the child
on Father's Day. The parties shall alternate custody on the child's birthday, with the father
exercising said custody for the year 1996. On the child's birthday, the parent then out of custody
shall be allowed reasonable access 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 left in the primary care of Miles Worthington at any time except
for brief periods necessitated on an oceasional basis.
b. The child will be exchanged at a neutral site, agreed upon by the parties. In addition
to the parties, the following persons may participate in the exchange: SCOII Thrush; Petie
Worthington; or Jamie Like.
c. When in the father's care, the child shall generally reside with the father at the father's
residence but may reside at other locations for brief and occasional 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 abusive language within the hearing of the child.
Neither parent shall abuse or threaten the child in a physical manner, nor will either parent
expose the child to excessive drinking or illegal drugs. Each parent shall permit the child liberal
access by telephone to the other parent. Each parent shall notify the other of any medical
emergencies which occur. Each parent shall assure that the child has the use uf car restraints at
any time he is in a motor vehicle.
4. The father, David William Thrush. Sr.. will withdraw the supportactiun which he has
,.
..>----A.-t
filed against the mother. The Pilrties will contribute equally 10 work-relilted child care expenses
and 10 the child's medical insurance costs and medically relaled expenses.
5. In connection with the Proteclion from Abuse maller, Ihe parties shall distribute
certain personal property between themselves, including motor vehicles, and adjust insurance
coverage in accordance with the terms and conditions as ilnnounced in open court, at the hearing
of this maller, on February 14, 1996.
BY TIlE COURT,
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Jacqueline Verney, Esquire
For the Plaintiff
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Samuel Milkes, Esquire
For the Defendant
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Chie' Deputy
HORACE A, JOHNSON
Sollcllor
OFFICE OF THE SHERIFF
AUDREY Q, ADAMS
Real EOlale Deputy
Court House
Carlisle. Pennsylvania 17013
May 23, 1996
Mr Lawrence Welker
Cumberland County Prothonotary
Carlisle, Pa.
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SUBJECT. Civil Supoenas (Criminal Contempt PFA )
Rodney Anastasi
Jill West
1. 759 Civil 89
2. ,/96-0325 Civil
3. 95-7375 Civil
4. . 96-2372 Civil
~'4.i8
William Bomberger Jr.
2.52
Morris Metzger Jr.
2.80
Total
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So . ~~swers ;/"
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-0325 CIVIL/
96 -~ CIVIL
J.711
CHARGES: INDIRECT CRIMINAL
CONTEMPT
\
\
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DAVID WILLIAM THRUSH, SR.,
Plaintiff/Defendant
JILL WORTHINGTON,
Defendant/Plaintiff :
J 0 I~ ORDER OF COURT
AND NOW, this ~ day of June, 1996,
upon the agreement of
the parties, it is hereby ORDERED and DIRECTED that the contempt
petitions previously filed in the above captioned matter on
January 19, 1996, and January 22, 1996, are deemed withdrawn and
any hearings previously scheduled are cancelled.
BY THE COURT,
J.
Samuel Milkes, Esquire
Attorney for Defendant
Legal Services
Defendant
Plaintif,f
File
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JILL WEST (WORTHING'1'ON)
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96 - 0325 CIVIL TERM /
NO. 96 - 0274 CIVIL TERM
DAVID WILLIAM THRUSH, SR.,
Defendant
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:
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 3:00 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 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 communication between the individuals
handling the exchange."
PI.[[}<JFF!CE
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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.
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 COURT,
cc:
Matthew J. Eshelman, Esquire
Samuel W. Milkes, Esquire
Michael Schwoyer, Esquire
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JILL WEST (WORTHING'1'ON)
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96 - 0325 CIVIL TERM
NO. 96 - 0274 CIVIL TERM
v.
DAVID WILLIAM THRUSH, SR.,
Defendant
CIVIL ACTION - CUS'1'ODY
PRIOR JUDGE: HONORABLE KEVIN A. HESS
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-S(b), the undersigned Custody Conciliator submits the
following report:
1. The information pertaining to the child who is subject of this
litigation is as follows:
David W. Thrush, Jr., born February 20, 1992.
2. A Conciliation Conference was held on June 7, 1996, with the
following individuals in attendance:
The Mother, Jill West, with her counsel, Matt Eschelman,
Esquire, and the Father, David W. Thrush, Sr., with his
counsel, Sam Milkes, Esquire.
3. The parties agree to the entry of an order in the form as
attached.
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By the Court.
JILL WEST (WORTHINGTON)
Petltitlner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
v.
.
.
CIVIL ACTION - LA II'
96-0325 CIVIL TERM ,/"
96-027./ CIVIL TERM
IN CUSTODY
.
.
DA VID WILLIAM THRUSH. SR..
Re.~ptl1/(lellt
:
:
:
ORIlER OF COURT
ANI) NOW. this ., day of ,J...J \ '-/ . 1997. upon considernlion of the allaehed
pelilion, it is hereby directed that the parties aad their respective counsel appear before
\-Lber\- ~ ,('li Irlf'f ' Esquire. the conciliator, at ~~F1.((J>\vNr ltr, (U'nbfflcrvl (0 (nrll-Y\l<.e .
on the.2L day of ~dS.\- ,1997, at~. M, lilr a Pre-lIearing Custody Conference, At
such conlerenee, an effo will be made to resolve the issues in dispute: or if this cannot be
accomplished. to de line and narrow the issues to be heard by the Court and to enter into a temporary
order, All children age live or older may also be presenl at the conlerenee, Failure to appear at this
conference may provide grounds for entry of a temporary or pemlUnent order,
By: l:G.IO~ 'L. .:::2iLOJl~
Custody Conciliator (T.D.)
YOU SIIOULD TAKE TillS PAPER TO YOUR LAWY.:R AT ONCE. IF YOU DO NOT
IIA VE A LAWYER OR CANNOT AFFORI) ONE, GO TO OR TELEPIION.: TilE OFFICE SET
FORTII BELOW 1'0 FIND OUT WIIERE YOU CAN GET LEGAL IIELP.
Court Administrntor
Cumberhmd County Courthouse
I Courthouse Square, 4th Floor
Carlisle. Pennsylvania 17013
(717) 240-6200
AMERICANS WITII J>ISAIUUTIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required hy law to comply with the
Americans with Disabilities Act of 1990. For infonnation aboul accessible lilcililies and reasonable
accommodations available to disabled individuals having business before the court. please contact our
ollice. All arrangements must be made at leasl 72 hours prior to any hearing or business belore the
court. You must allend the scheduled conlerence llr hearing,
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JILL WEST(WORTIIINGTON)
Petitioner
: IN TIlE COllRT OF COMMON PLEAS OF
: CUMB/:'RLANO COUNTY, PENNSYLVANIA
,
.
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.
.
CIVIL ACTION - LA II'
.
.
OA VIO WILLIAM THRUSH, SR.,
Re.~pol/(Iellt
:
96-0325 CIVIL TERM
96-0274 CIVIL TERM
IN CUSTOo}'
:
.
.
PETITION FOR MODIFICATION OF CUSTODY
AND NOW comes the pctitioner. JILL WEST (WORTHINGTON), by and through her
attorneys, IRWIN, McKNIGHT & HUGHES, and tiles this Petition lor Modificntion of Custody
making the following statement:
1. The petitioner is Jill West (Worthington). an adult individual residing at 1584
Pine Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. The respondent is David W. Thrush, Sr., an ndult individual residing nt 972 West
Old York Road, Carlisle, Cumberland County, Pcnnsylvania 17013.
3. The parties are the natuml parents of David W. Thrush, Jr., born Februnry 20,
1992.
4. Currently, the petitioner has prirnnry physical custody of the minor child and the
respondent has periods of pnrtial physicnl custody every other weekend and Tuesdays and
Thrusdays Irom 6:00 p.m. through the following morning at 8:00 n.m.
5. The custody schedule as noted in Paragraph 4 above is the result of an agreement
entered into between the parties on February 14, 1996. Attached as Exhibit "A" is a copy of a
transcript which contains said agreement.
6. Since the time of the agreement, the respondent has exercise his periods of partial
physical custody, however, there have been numerous incidences 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 arc 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 silling;
b. the respondent and his girlfriend, Jennifer Fraker, were lighting while they
were driving, and the respondent punched Ms. Fraker in the face;
e. 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 of the minor child, upsetting the minor child greatly.
8. The minor child repeatedly tells the petitioner that he does not want to go with his
lather, and physically shakes and cries.
.
,
..,
9. Petitioner believes und therefore uvers thut the best interest of the minor ehild
shull be served if the respondent's visits were limited to supervised visits until the respondent
controls his violence while in the presence of the minor child und until the minor child feels sufe
to be with the respondent, und ulso thut the respondent's girlli'iend be prohibitled from being with
the minor child.
WHEREFORE. the petitioner respectfully requests that the respondent's time with the
minor child be limited us follows:
a. supervised visits only until the respondent controls his violence while in the
presence of the minor child;
b. supervised visits only until the child fcels sule with the respondent:
c. Jennifer Fraker shall not be present at any of the visits;
d. any other relief this court deems just and in the best interest of the minor child.
Respectfully submitted.
By:
Rebecca R. Hughes.
60 West Pomfrct Street
Carlisle. PA 17013
717-249-2353
Supreme Court I.D. #: 67212
Attorney for the petitioner,
Jill West Worthington
Date:
~--/ /'
/
,1997
Exhibit "A"
,
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CC(Q)~lf'
FEB 16 1996
JILL WEST,
Plaintiff/Defendant
XN THE COURT OP COMMON PLEAS OP
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CXVIL ACTION - LAW
96-0325 CXVIL TERM
96-0274 CIVIL TERM
DAVID WXLLXAM THRUSH, SR.,:
Defendant/Plaintiff :
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings held before the Honorable KEVXN A.
HESS, J., Cumberland County Courthouse, Carlisle,
Pennsylvania, on Wednesday, February 14, 1996, in
Courtroom Number Four.
APPEARANCES:
/'
~~QUELXNE M. VERNEY, Esquire
Fc::' Jill Nest
SAMUEL MXLKES, Esquire
For David William Thrush, Sr.
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1 MR. MILKES: Good afternoon, Your Honor.
2 THE COURT: Good afternoon.
3 MR. MILKESI I think the court will be
4 pleased to learn that we have managed to reach an agreement
5 in both the protection from abuse cases, the cross
6 petitions, and in the custody dispute that's before the
7 court.
S THE COURT: And the comment about it being a
9 good afternoon is an understatement. That's good.
10 MR. MILKESI I am prepared to the best extent
11 I can, if the court would want it this way, to try to
12 describe the agreement in the form of what an order would
13 look like.
14 THE COURT: Yes, and then perhaps Mrs. Graham
15 can transcribe what you say and I can reduce it to something
16 more like an order form.
17 MR. MILKESI With respect to the protection
18 from abuse cases, it is agreed that each of the parties
19 shall be enjoined from physically abusing the other,
20 threatening to abuse or harassing the other, or placing the
21 other party in fear of abuse. And each of the parties is to
22 refrain from having direct or indirect contact with one
23 another except when it is for the purpose of making
24 arrangements regarding the child or when it is for the
25 purpose of accomplishing the exchange of property which will
2
.~.~ ~,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
t~~y
be described later.
It is also understood that the prior order
having to do with the child under the protection from abuse
caption will be vacated. This order only involves the adult
parties.
With respect to custody of the minor child,
David Thrush, Jr., born February 20, 1992, the parties shall
share physical and legal custody. The parties hereby
acknowledge that David, Jr., is the son of David Thrush,
Sr., and of Jill West.
And that the arrangements for exchange of
physical custody will be as follows I The father will have
every other weekend, from Friday at 5:00 p.m. until Monday
at 9100 a.m., beginning the weekend of February 23, 1996.
He 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 have physical custody at
other times except as follows I Providing that at least
thirty days advance notice are given, the parties may each
exercise up to two weeks of vacation during the year. These
may be a combination of two non-consecutive weeks so long as
they don't interfere with the hOliday schedule.
Holidays will include the following and will
alternate from year to year: Easter, Memorial Day, Fourth
of July, Labor Day, Christmas Eve, Christmas Day and New
3
,.
t~[Plf
1
2
3
4
5
6
7
Years' .
with respect to Christmas Eve, the party
having Christmas Eve shall exercise partial custody from
~~O f)"II'
5100 p.m. until ~. Christmas Day. And the other
party shall have the child on Christmas Day. Thanksgiving
,!W~
shall be split, with the iabl.ar having physical custody from
_rs~[
8:00 a.m. to 3:00 p.m., and from 3100 p.m. to 8100
8
p.m.
9
Mother shall have the child on Mother's Day,
10 and father shall have the child on Father'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 other parent shall be allowed reasonable access to the
14 child for purposes of presenting presents or brief
15 celebration. This holiday schedule shall take priority over
16 the general custody schedule.
17 The child will not be left in the primary
18 care of Miles Worthington at any time except for brief
19 periods necessitated on an occasional basis. The child will
20 be exchanged at a neutral' site agreed upon by the parties.
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 care, shall
25 generally reside with the father at the father's residence
4
~g~~
1 but may reside at other locations for brief and occasional
2 periods. Neither party shall make any disparaging comments
3 of the other in front of the child or within the hearing of
4 the child or use abusive language within the hearing of the
5 child.
6 Neither parent shall abuse or threaten the
7 child in a physical manner, nor will either parent expose
8 the child to excessive drinking or illegal drugs. Each
9 parent shall permit the child liberal access by telephone to
10 the other parent. Each parent shall notify the other of any
11 medical emergencies which occur. Each parent shall assure
12 that the child has the use of car restraints at anytime he
13 is in a motor vehicle.
14 It is the understanding of the parties that
15 in connection with this custody arrangement father will be
16 withdrawing the support action which he has previously filed
17 and which is currently scheduled for conference, and that
18 mother is not at present pursuing a support action of her
19 own, but that the parties will contribute equally to work
20 related child care expenses and to the child's medical
21 insurance costs and medically related expenses.
22 MR. MILKES: Is that everything on the child?
23 MS. VERNEY: Yes.
24 MR. MILKES: In connection with the
25 protection from abuse case, the parties have also reached an
5
cc (Q) ~\J~
1 agreement as to various items of personal property. And
2 that agreement is as follows: The following items will
3 either be returned to or remain in the possession of Jill
4 West. The Magnavox radio, the four video cassettes for the
5 camcorder, the board g~es, her gray coat, the garden hose,
6 the sand box Little Tikes, and the part for the pico.
7 The follolling items will remain in the
8 posseosion of or be returned David Thrush: The Fingerhut
9 tool set, the cordless telephone, the refrigerator.
10 Parenthetically within thirty days of today's date on the
11 refrigerator only. The various truck parts, such as tires,
12 bumper and engine, the pinball machine, the Batman clock,
13 the race set, the large Christmas tree, the santa and train,
14 the small Legos, the micro-machines, the Tonka and Hess
15 trucks, as well as Tonka helicopter parts, the plastic and
16 wood for the bed in the garage, the Toby, any other toys
17 purchased by his family. And parenthetically on that, the
18 parties will arrange for a mutually agreeable time to go
19 through the toys and separate them out. The fluorescent
20 light and the bicycle.
21 I should have added to mother's, the trench
22 coat -- I am sorry that's actually father's, the trench coat
23 and the Easter suit of the child, if they exist and can be
24 located. Also to mother would be various items of the
25 child's Clothing which have been purchased or provided by
6
. ;
~~fV
1 her family. Same arrangement on that as we did for the
2 toys.
3 And with respect to the 1985 Toyota pickup,
4 Jill West agrees to take any and all action necessary to
5 transfer title of that truck to Mr. Thrush now or after
6 release of the lien that are presently held on that truck.
7 David Thrush agrees within a period of thirty
8 days to convert automobile insurance on this truck into his
9 name and to assume responsibility for payment on that
10 insurance. He also agrees to pay a prorated amount of the
11 insurance bill which is soon to come due for Jill West, such
12 that he will pay the amount due for insuring this truck for
13 the next thirty days.
14 With respect to an automobile being purchased
15 by a Jeremiah, with the title currently being held by Jill
16 West, the $350.00 due from Jeremiah will be payable, upon
17 payment, to David Thrush. In the event that the automobile
18 has to be repossessed, the parties will further negotiate
19 what is to be done with the repossessed automobile.
20 In connection with this order, all previous
21 orders entered in the protection from abuse and custody
22 cases will be vacated. I guess the last thing on custody is
23 that it is understood that further conciliation may become
24 necessary regarding custody when the child approaches school
25 age. That will be it.
7
.
- .; ~r~
,-., '~" ......A. ~. . :~ I"
tr' (r'~~' ;- .,:
~~'L-':"
1
THE COURTI And I would ask that counsel make
2 certain that Mrs. Graham gets all of the captions which are
3 affected by this order in any way. I may even fashion a
4 single order which would deal with all of the cases and just
5 make sure that an order is filed in each docket. How does
6 the personal property issue come up, is that in the context
7 of 0118 of the PFA nctions? Is there demand for some return
8 of items, or is this just all part of...
9
HR. MILKESI Well, there is jurisdiction
10 under the Protection from Abuse Act to deal with it. I
11 don't know that it was specifically raised.
12
THE COURT: This is just a way of resolving
13 other issues?
14
MS. VERNEY: Exactly.
THE COURTI We will be happy to do that, and
15
16 certainly congratulate counsel for their efforts and
17 congratulate the parties for their ability to resolve the
18 matter. I say that not because I am not ready, willing and
19 able to do it for you, that's what I get paid to do, but
20 just make a couple of observations.
21 First, the agreement that the two of you
22 reach is obviously better than anything than I could force
23 on you. For example, the last time I was called upon to
24 divide up Legos and stereos, I think I directed a yard sale,
25 and I am sure you wouldn't want that. But secondly and more
8
..
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1 importantly with regard to the child, this displays your
2 ability to put your love for this little kid above your
3 disagreement with each other, and that's extremely
4 commendable and I wish you success in doing that for this
5 little child's sake. With that we will be adjourned.
6
7
8
9
(End of proceedings.)
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
9
'.'
^
'-'" ~-
1
2
3
4
5
6
CERTIFICATION
7 I 1-.ereby certify thac the proceedings are
8 contai~ed fully ~nd accurately in the notes taken by me on
9 the above cause and that this is a correct transcript of
10 same.
11
12
13
Barbara E. Graham
Official Stenographer
14
----------------------------------
15
16 The foregoing record of the proceedings on the
17 hearing of the within matter is hereby approved and direcced
18 to be filed.
19
20
21
Date
Kevin A. Hess, J.
Ninth Judicial District
22
23
24
25
.
VERIFICATION
The foregoing Petition is based upon information which has been gathered by my counsel
and myself in the preparation of this document. The language of the document may in part be the
language of my counsel and not my own. I have read the statements made in this document and
to the extent that they are based upon information which I have given to my counsel, they are true
and correct to the best of my knowledge, information and belief. To the extent that the contents
of the statements are that of counsel, I have relied upon counsel in making this verification. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
~~.~
11 ~I
JILL WORTHINGTO
Date:
l.elD
.1997
eI SEP 0 3 1997
JILL WEST (WORTHING'1'ON),
Plaintiff
V
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
ICIVIL ACTION - LAW
.
.
TERM./'
TERM
DAVID WILLIAM THRUSH, SR.,
Defendant
:NO: 96-0325 CIVIL
:NO: 96-0274 CIVIL
:
:IN CUS'1'ODY
COURT ORDER
t ~ .'
AND NOW, this r<1 day of \..:lIo.,7';'))lli,:~), 1997, upon
consideration of the attached Custody'Conciliation Report, it is
ordered and directed as follows:
1. A hearing is scheduled in Cou~t Room No.4 of the Cumberland
CO,unty Courthouse on the .;Jfi t'J day of (('. (11;.. (/r,) , 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 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 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 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 ei ther 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.
BY THE COURT,
./1~
J.
'.
Hess
cc: Samuel W. Milkes, Esquire _
Rebecca R. Hughes, Esquire
.... ~cut 7/ s/'11'
..J.~.
<.
'-
JILL WES'!.' (WORTHINGTON),
Plaintiff
V
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
: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
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-S(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 on August 21, 1997, with
the following individuals in attendance:
The Mother, Jill Worthington, with her counsel, Rebecca R.
Hughes, Esquire, and the Father, David William Thrush, Sr.,
with his counsel, Samuel W. Milkes, Esquire.
3. The parties were before the Court in February of 1996 on a PFA
at which time they reached an agreement on custody that
provided that the Father has the child on alternating weekends
and on every Thursday and Tuesday evening through the
following morning. Recently, the Mother filed a Petition for
Special Relief suggesting that the Father's actions, and the
actions 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
issue. 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 charges
against the Father.
4. Mother is adamant that she feels the existing 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
_:
.'
and that the Custody Order should in faot be a week on, week
off arrangement.
5. A hearing is neoessary and should take no more than one day.
6. rhe Conoiliator reoommends an Order in the form as attaohed.
II;; sl ~7
DArE
$
Hubert x.
Custody C
re
JILL WEST (WORTHINGTON),
Petitioner
v.
DAVID WILLIAM THRUSH, SR.,
Respondent
AND NOW, this .;NtIi day of
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: 96-0325 CIVIL TERM /
: 96-0274 CIVIL TERM
: IN CUSTODY
ORDER OF COURT
,
(/' .' t't-I./~ )
. 1997, upon agreement of
counsel, the above-captioned hearing scheduled for Wednesday, October 29, 1997, is continued
and set for '?n tL-t ~ -~ / <) , 199.1....; cd. 9".36 Ci. rn l,/)~ e~ ti- 'I
By the Court,
~/'- . /lL
KEVIN fl. HESS, J
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'{I AUG 0 5 1997
.
JILL WEST (WORTHINGTON)
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
.
.
CIVIl. ACTION - LA W
:
DA VID WILLIAM THRUSH, SR.,
Respondent
.
.
96-0J25 CIVIL TERM
96-0274 CIVIL TERM
IN CUSTODY
:
.
.
ORDER OF COURT
AND NOW, this
day of
. 1997, upon consideration of the
attached Petition for Special Relief, the following Order is entered:
a. The respondent's current visitation schedule with the panies' minor child is
hereby suspended;
b. The respondent is hereby ordered to have supervised visits once a week for
two (2) hours either at Children & Youth Services or at the YWCA, with
respondent to make arrangements;
c. A hearing is hereby set for
o'clock in Courtroom #
. 1997, at
. Cumberland County Courthouse,
Carlisle, Pennsylvania.
By the Court,
J.
JILL WEST (WORTHINGTON)
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
.
.
CIVil. AC/'ION - LA W
.
.
DA VID WILLIAM THRUSH, SR.,
Respondent
.
.
96-0325 CIVIL TERM
96-0274 CIVIL TERM
IN CUSTODY
.
.
.
.
PETITION FOR SPECIAL RELIEF
AND NOW. comes the petitioner, Jill West (Worthington), by and through her attorneys.
IRWIN, McKNIGHT & HUGHES, Esquires, and files this Petition for Special Relief making the
following statement:
I. The petitioner is Jill West (Worthington), an adult individual residing at 1584 Pine
Road, Carlisle, 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 parties are the natural parents of David W. Thrush, Jr., born February 20,
1992.
4. Currently, the petitioner has primary physical custody of the minor child and the
respondent has periods of custody every other weekend and Tuesdays and Thursdays from 6:00
p.m. through the following moming at 8:00 a.m.
,...~'"'~; . ,"
~
S. On or about June 30, 1997, the petitioner petitioned for modification of the current
existing Order due to the fear expressed by the minor child in going with the respondent, as well
as various events wherein the respondent displayed acts of violence in the presence of the child.
6. Currently, a conciliation has been set for August 21, 1997, at 9:30 a.m. before
Hubert X. Gilroy, Esquire.
7. On or about July 29, 1997, the petitioner noticed marks on the minor child after
the minor child visited with the respondent including an abrasion on his lower back and bruises
under his arms.
8. Upon asking the minor child how the marks got on him, he indicated that the
respondent used a "whipper" on him.
9. On July 30, 1997, the petitioner contacted the State Police as well as Children &
Youth, and both are in the process of doing an investigation.
10. The petitioner took the minor child to his physician; a copy of this report is marked
as Exhibit "A."
II. Additionally. on or about July 21, 1997, the respondent was charged with simple
assault after hitting and knocking out Lehoma Worthington.
12. The petitioner believes and therefore avers that the minor child may be in serious
danger ifallowed to visit with the respondent alone.
WHEREFORE, the petitioner respectfully requests that this Honorable Court enter the
following Order:
a. The respondent's current visitation schedule with the parties' minor child is
hereby suspended;
b. The respondent is hereby ordered to have supervised visits once a week for
two (2) hours either at Children & Youth Services or at the YWCA, with
respondent to make arrangements;
c. A hearing is hereby set for
o'clock in Courtroom #
Carlisle, Pennsylvania.
. 1997. at
. Cumberland County Courthouse,
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By:
Rebecca R. Hughes, s u
60 West Pomfret Street
Carlisle, PA 17013
717-249-2353
Supreme Court 1.0. No: 67212
Attorney for the petitioner,
Jill West (Worthington)
August ::5 . 1997
~;.,....,.- ......."-.. .
EXHIBIT "A"
David Thrush Jr
7/30/97
0: Tms pg with good landmarks. Oropharynx pink wlo exudate. Teeth in good repair.
PERRL. No hemorrhages. Scalp Is smooth. NO contusions, abrasions or bruising on
the head and neck. No cerv. Iymphadeno. Lungs clear. Chest expansion Is normal.
Heart RRR. No added sounds or murmur. Abd SNT wlo his. He's got full ROM all
extremities. On inner aspect of right arm midway up the humerus he has 2 pale
ecchymotic areas which are approx. 1 1/2 em in length and 1/2 cm in width consistent
wiht pattern of an adult hand grabbing onto the arm. They are non tender and not
swollen. On upper aspect of right arm he has small area of red bruising which is 2 cm
by 1/2 cm consistent with an abrasion type injury. In the small of the back directly over
the spine he has an area 7 cm by 4 cm and oval in shape. it's pale and red In the
parameter with a raised red area small abrasion in the center. That area is 1 1/2 cm
by 1 cm. It is lender to palp. and in an area where I would not expect a child to sustain
a bruise from a fall. Abd. SNT wlo his. Buttocks and external genitalia are without
evidence of bruising, abrasion or Irauma. Sila!. on lower extremities there is a lot of
abrasions and bruises all of which can be easily explained by childhood playing and
falling and he reports he has a good story for each of Ihe injuries on his leg including
being up against a hot muffler on a car accidentally and falling while playing, etc.
A: Contusion LS spine area (\
Ecchymotic area left upper arm r'~~ \II c'\vlc.\. ~OlA.~
Small superficial abrasion righl upper arm
P: Careful documentation of Ihese injuries will be made in his chart and sketch was
made. I'll be in contact with Audra from C&Y 10 report my findings. Mom can put ice on
the bruises and give Tylenol for pain. I would not recommend any further unsupervised
contact with the father until this can be sorted out and I'll be making contact with
Trooper Scott Miller as well to discuss the findings. If prob. or quest. they should let us
know.
LWM CRNP/~~
~// /91 -
1lJf!/.(J ~ ult ~cZ. 1)oJc;;t -/a"..y~~
(9j {!I~Idu,t... ~ 0utJtW clJ-a;, -.:0/;cj[
ylWh ~ M Vt1.bal ~~d 'I1JrJU
t/.;J. tnW--tt f/Jkuuct fLf$ ~ rJ-iufJ .
~
~
,
, .
VERIFICATION
The foregoing Petition is based upon information which has been gathered by my counsel
and myself in the preparation of this document. The language of the document may in part be the
language of my counsel and not my own. I have read the statements made in this document and
to the extent that they are based upon information which I have given to my counsel, they are true
and correct to the best of my knowledge. information and belief. To the extent that the contents
of the statements are that of counsel, I have relied upon counsel in making this verification. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities,
Date: if. "J . 1997
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Jill WEST (WORTHINGTON)
Peddoner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
CIVIL ACTION - LA W
.
.
.
.
DA V1D WILLIAM THRUSH, SR.,
Respondent
.
.
96-0325 CIVIL TERM
96-0274 CIVIL TERM
IN CUSTODY
.
.
.
.
ORDER OF COURT
AND NOW, this
day of
. 1997, upon consideration of the
attached Petition for Special Relief, the following Order is entered:
a. The respondent's current visitation schedule with the parties' minor child is
hereby suspended;
b. The respondent is hereby ordered to have supervised visits once a week for
two (2) hours either at Children & Youth Services or at the YWCA, with
respondent to make arrangements;
c. A hearing is hereby set for
_ o'clock in Counroom #
Carlisle, Pennsylvania.
. 1997, at
. Cumberland County Counhouse,
By the Court,
1.
v.
.
.
CIVIl. ACTION -/..4 W
JILL WEST (WORTHINGTON)
Pet/doner
: IN rHE COURT OF COMMON PI.HAS OF
: CUMBERLAND COUNTY, PENNSYI.VANIA
:
:
DAVID WILLIAM THRUSH, SR.,
Responden'
:
96-0J25 CIVIl. TERM
96-0274 CIVIl. TERM
IN CUSTODY
:
:
PETITION FOR SPECIAL RELIEF
AND NOW, comes the petitioner, Jill West (Wonhington), by and through her attorneys,
IRWIN, McKNIGHT & HUGHES, Esquires, and files this Petition for Special Relief making the
following statement:
1. The petitioner is Jill West (Wonhington), an adult individual residing at 1584 Pine
Road, Carlisle, 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 parties are the natural parents of David W. Thrush, Jr., born February 20,
1992.
4. Currently, the petitioner has primary physiclll custody of the minor child and the
respondent has periods of custody every other weekend and Tuesdays and Thursdays from 6:00
p.m. through the following morning at 8:00 a.m.
S. On or about June 30, 1997, the petitioner petitioned for modification of the current
existing Order due to the fear expressed by the minor child in going with the respondent, as well
as various events wherein the respondent displayed acts of violence in the presence of the child.
6. Currently, a conciliation has been set for August 21, 1997, at 9:30 a.m. before
Hubert X. Gilroy, Esquire.
7. On or about July 29, 1997, the petitioner noticed marks on the minor child after
the minor child visited with the respondent including an abrasion on his lower back and bruises
under his arms.
8. Upon asking the minor child how the marks got on him, he indicated that the
respondent used a "whipper" on him.
9. On July 30, 1997, the petitioner contacted the State Police as well as Children &
Youth, and both are in the process of doing an investigation.
10. The petitioner took the minor child to his physician; a copy of this report is marked
as Exhibit "A." .
11. Additionally, on or about July 21, 1997, the respondent was charged with simple
assault after hitting and knocking out Lehoma Worthington.
.
,. .. ;
12. The petitioner believes and therefore avers that the minor child may be In serious
danger lfallowed to visit with the respondent alone.
WHEREFORE, the petitioner respectfully requests that this Honorable Court enter the
following Order:
a. The respondent's current visitation schedule with the parties' minor child is
hereby suspended;
b. The respondent is hereby ordered to have supervised visits once a week for
two (2) hours either at Children & Youth Services or at the YWCA, with
respondent to make arrangements;
c. A hearing Is hereby set for
o'clock in Courtroom #
. 1997, at
. Cumberland County Courthouse,
Carlisle, Pennsylvania.
Respectfully submitted,
IRWIN, McKNIGIIT & IIUGlIES
By:
Rebecca R. lIuahel, s u
60 West Pomfret Street
Carlisle, PA 17013
717-249-2353
Supreme Court I,D. No: 67212
Attorney for the petitioner,
Jill West (Worthington)
August 5 . 1997
.
EXHIBIT "A"
.
;i
-....A \
David Thrush Jr
7/30/97
0: Tms pg with good landmarks. Oropharynx pink w/o exudate. Teeth in good repair.
PERRL. No hemorrhages. Scalp Is smoolh. NO contusions, abrasions or bruising on
the head and neck. No cerv. Iymphadenci. Lungs clear. Chest expansion is normal.
Heart RRR. No added sounds or murmur. Abd SNT w/o his. He's got full ROM all
extremities. On inner aspect of right arm midway up the humerus he has 2 pale
ecchymotic areas which are approx. 1 1/2 cm in length and 1/2 cm in width consistent
wiht pattern of an adult hand grabbing onto the arm. They are nontender and not
swollen. On upper aspect of right arm he has small area of red bruising which is 2 cm
by 1/2 cm consistent with an abrasion type injury. In Ihe small of the back directly over
Ihe spine he has an area 7 cm by 4 cm and oval In shape. it's pale and red in the
parameter with a raised red area small abrasion in the center. That area is 1 1/2 cm
by 1 cm. It is tender to palp. and In an area where I would not expect a child 10 sustain
a bruise from a fall. Abd. SNT w/o his. Buttocks and external genitalia are withoul
evidence of bruising, abrasion or trauma. Bilat. on lower extremities there is a lot of
abrasions and bruises all of which can be easily explained by childhood playing and
falling and he reports he has a good story for each of Ihe injuries on his leg inclUding
being up against a hot muffler on a car accidentaily and falling while playing, etc.
A: Contusion LS spine area (\
Ecchymotic area left upper arm \-'~~ \!l c"\w..c.\. ~Ou..~
Small superficial abrasion right upper arm
P: Careful documenlation of Ihese injuries will be made In his chart and sketch was
made. I'll be in contact with Audra from C&Y to report my findings. Mom can put ice on
the bruises and give Tylenol for pain. I would not recommend any further unsupervised
contact with Ihe father until this can be sorted out and I'll be making contact with
Trooper Scott Miller as well 10 discuss the findings. If prob. or quest. they should let us
know.
LWM CRNP~\--,
!I~/~Il /~~ datevL 1/30/9;1 ~J/~Z
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9///91 -
VERIFICATION
The foregoing Petition is based upon information which has been gathered by my counsel
and myself in the preparation of this document. The language of the document may in part be the
language of my counsel and not my own, I have read the statements made in this document and
to the extent that they are based upon information which I have given to my counsel, they are true
and correct to the best of my knowledge, information and belief. To the extent that the contents
of the statements are that of counsel, I have relied upon counsel in making this verification. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
Date: J l~-
.1997
JILL WEST (WORTHINGTON)
Petitlvner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
v.
CIVIL ACl'ION - LA W
.
.
:
DA VID WILLIAM THRUSH, SR.,
Respondent
.
.
96-0J25 CIVIL TERM
96-0274 CIVIL TERM
IN CUSTODY
.
.
.
.
ORDER OF COURT
AND NOW, this
day of
. 1997, upon consideration of the
attached Petition for Special Relief, the following Order is entered:
a. The respondent's current visitation schedule with the parties' minor child is
hereby suspended;
b. The respondent is hereby ordered to have supelVised visits once a week for
two (2) hours either at Children & Youth SelVices or at the YWCA, with
respondent to make arrangements;
c. A hearing is hereby set for
o'clock in Courtroom #
. 1997, at
. Cumberland County Courthouse,
Carlisle, Pennsylvania.
By the Court,
J.
"
JILL WEST (WORTHINGTON)
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
CIVIL ACTION - LA W
.
.
.
.
DA V1D WILLIAM THRUSH, SR.,
Respondent
.
.
96-0325 CIVIL TERM
96-0274 CIVIL TERM
IN CUSTODY
.
.
.
.
PETITION FOR SPECIAL RELIEF
AND NOW, comes the petitioner, Jill West (Worthington), by and through her attorneys,
IRWIN, McKNIGHT & HUGHES, Esquires, and files this Petition for Special Relief making the
following statement:
1. The petitioner is Jill West (Worthington), an adult individual residing at 1584 Pine
Road, Carlisle, 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 parties are the natural parents of David W. Thrush, Jr., born February 20,
1992.
4. Currently, the petitioner has primary physical custody of the minor child and the
respondent has periods of custody every other weekend and Tuesdays and Thursdays from 6:00
p.m. through the following morning at 8:00 a.m.
S. On or about June 30, 1997, the petitioner petitioned for modification of the current
existing Order due to the fear expressed by the minor child in going with the respondent, as well
as various events wherein the respondent displayed acts of violence in the presence of the child.
6. Currently, a conciliation has been set for August 21, 1997, at 9:30 a.m. before
Hubert X. Gilroy. Esquire.
7. On or about July 29. 1997, the petitioner noticed marks on the minor child after
the minor child visited with the respondent including an abrasion on his lower back and bruises
under his arms.
8. Upon asking the minor child how the marks got on him, he indicated that the
respondent used a "whipper" on him.
9. On July 30, 1997, the petitioner contacted the State Police as well as Children &
Y outb, and both are in the process of doing an investigation.
10. The petitioner took the minor child to his physician; a copy of this report is marked
as Exhibit "A",
11. Additionally, on or about July 21, 1997, the respondent was charged with simple
assault after hitting and knocking out Lehoma Worthington.
12. The petitioner believes and therefore avers that the minor child may be in serious
danger if allowed to visit with ~he respondent alone.
WHEREFORE, the petitioner respectfully requests that this Honorable Court enter the
following Order:
a. The respondent's current visitation schedule with the parties' minor child is
hereby suspended;
b. The respondent is hereby ordered to have supervised visits once a week for
two (2) hours either at Children & Youth Services or at the YWCA, with
respondent to make arrangements;
c. A hearing is hereby set for
_ o'clock in Courtroom #
Carlisle, Pennsylvania.
. 1997, at
. Cumberland County Courthouse,
Respectfully submitted,
mWIN, McKNIGHT & HUGHES
By:
Rebecca R. Hughes, 5
60 West Pomfret Street
Carlisle, PA 17013
717-249-2353
Supreme Court I.D. No: 67212
Attorney for the petitioner,
Jill West (Worthington)
August ::5 . 1997
^
EXHIBIT" A"
David Thrush Jr
7/30/97
0: Tms pg with good landmarks. Oropharynx pink w/o exudate. Teeth in good repair.
PERRL. No hemorrhages. Scalp Is smooth. NO contusions, abrasions or bruising on
the head and neck. No cerv. Iymphadeno. Lungs clear. Chest expansion Is normal.
Heart RRR. No added sounds or murmur. Abd SNT wlo his. He's got full ROM all
extremities. On Inner aspect of right arm midway up Ihe humerus he has 2 pale
ecchymotic areas which are approx. 1 1/2 cm in length and 1/2 cm in width consistent
wiht pattern of an adult hand grabbing onto the arm. They are non tender and not
swollen. On upper aspect of right arm he has small area of red bruising which Is 2 cm
by 1/2 cm consistent with an abrasion type Injury. In the small of the back directly over
the spine he has an area 7 cm by 4 cm and oval In shape. it's pale and red In Ihe
parameter with a raised red area small abrasion in Ihe center. That area is 1 1/2 cm
by 1 cm. It is tender to palp. and In an area where I would not expect a child to sustain
a bruise from a fall. Abd. SNT wlo his. Bullocks and exlernal genitalia are without
evidence of bruising, abrasion or Irauma. Bilal. on lower exlremities there Is a lot of
abrasions and bruises all of which can be easily explained by childhood playing and
falling and he reports he has a good story for each of the injuries on his leg Including
being up against a hot muffler on a car accidentally and falling while playing, elc.
A: Contusion LS spine area (\
Ecchymotic area left upper arm t-'~~ \11 C,,\vi.c,\. ~ou..~
Small superficial abrasion right upper arm
P: Careful documenlatlon of these injuries will be made in his chart and sketch was
made. I'll be in conlact with Audra from C&Y 10 report my findings. Mom can put Ice on
the bruises and give Tylenol for pain. I would nol recommend any further unsupervised
contact with Ihe father until this can be sorted out and I'll be making contact with
Trooper Scoll Miller as well to discuss Ihe findings. If prob. or quest. they should let us
know.
LWM CRNP~~
1l-lf!;1./;J 17? /-AU ~.;~oC 1/30Jc;f. ~.fZ
( 9j> {!lvj@.lIt. ~ ~ .,JutJtW ~'tJ?iJ;1. -Se<t"lt
ylttlh ~ M tu-t bal ~~d 'I1JYJ<.J
tl.J. mW--b( f/;kuuc! fL t.tY Ie; rJ.{Ufj ,
fI/I/91 -
-..,,'~.. . '1'- _ .
VERIFICA TION
The foregoing Petition is based upon infonnation which has been gathered by my counsel
and myself in the preparation of this document. The language of the document may in part be the
language of my counsel and not my own. I have read the statements made in this document and
to the extent that they are based upon infonnation which I have given to my counsel, they are true
and correct to the best of my knowledge, infonnation and belief. To the extent that the contents
of the statements are that of counsel, ] have relied upon counsel in making this verification. ]
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unswom falsification to authorities,
q~~ ,.:Jut- I~~~
Jll..L WEST (WORTHING N)
y/~-
Date:
.1997
.
.
JILL WEST (WORTHINGTON)
Petitioner
: IN THE C(jURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION. LA W
:
:
DA VID WILLIAM THRUSH, SR.,
Respondent
attached Petition for Special Relief, the following Order is entered:
:
96-0J25 CIVIL TERM
96-0274 CIVIL TERM
IN CUSTODY
.
.
:
ORDER OF COURT
AND NOW, this
day of
. 1997, upon consideration of the
a. The respondent's current visitation schedule with the parties' minor child is
hereby suspended;
b. The respondent is hereby ordered to have supervised visits once a week for
two (2) hours either at Children & Youth Services or at the YWCA, with
respondent to make Bn'angemenls;
c. A hearing is hereby set for
o'clock in Courtroom #
Carlisle, Pennsylvania.
, 1997, at
. Cumberland County Courthouse,
By the Court,
J.
. .
JILL WEST (WORTHINGTON)
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
CIVil. ACTION -I..A W
.
.
.
.
DA VID WILLIAM THRUSH, SR.,
Respondent
.
.
96-0J25 CIVIL TERM
96-0274 CIVIL TERM
IN CUSTODY
.
.
.
.
ORDER OF COURT
AND NOW, this
day of
. 1997, upon consideration of the
attached Petition for Special Relief, the following Order is entered:
a. The respondent's current visitation schedule with the parties' minor child is
hereby suspended;
b. The respondent is hereby ordered to have supervised visits once a week for
two (2) hours either at Children & Youth Services or at the YWCA, with
respondent to make arrangements;
c. A hearing is hereby set for
o'clock in Courtroom #
. 1997, at
. Cumberland County Courthouse,
Carlisle, Pennsylvania.
By the Court,
. .
J.
.
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Rebecca Hughes, Esquire
For the Petitioner
AIL
" .' <~. c
JILL WEST (WORTHINGTON).
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
vs.
CIVIL ACTION - LAW
96-0325 CIVIL ./'
96-0274 CIVIL
DAVID WILLIAM THRUSH SR..
Respondent
ORDER
AND NOW, this
II"
day of December, ] 997, it appearing that the
undersigned will be involved in a criminal jury trial the week of March 16, ] 998, 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,
_ t.~;""" r)~~l./..
1::...//&/"7.
A'Y
Samuel Milkes. Esquire
For the Respondent
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