HomeMy WebLinkAbout09-8535TIMOTHY TURNBULL, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
q- F35
vs. No.
' Civil Term
JESSICA TURNBULL, IN CUSTODY
Defendant
CUSTODY COMPLAINT
1. Plaintiff is Timothy Turnbull, who currently resides at 16 Sable Lane,
Hedgesville, West Virginia, 25427.
2. Defendant is Jessica Turnbull, whose current address is 193 Chestnut Grove
Road, Shippensburg, Cumberland County, Pennsylvania, 17257.
3. Plaintiff is the Father of the following child and seeks a custody order
regarding the following child:
NAME
DOB/AGE ADDRESS
Adelalia Dawn Turnbull 5/28/04 193 Chestnut Grove
Shippensburg, Pa. 17257
Mother and Father were married on December 20, 2003 and separated on
September 27, 2009. The child was not born out of wedlock. Mother currently has
primary physical custody of the child.
During the past five years, the child has resided with the following persons and at
the following addresses:
NAME ADDRESSES DATES
Jessica Turnbull 193 Chestnut Grove Rd. 9/28/06 - present
Mackenzie Chenoweth (9) Shippensburg, Pa. 17257
Timothy Turnbull 193 Chestnut Grove Rd. 02/06 - 9/28/06
Jessica Turnbull Shippensburg, Pa. 17257
Mackenzie Chenoweth (9)
Timothy Turnbull Baldwin Boulevard 02/05 - 02/06
Jessica Turnbull Shippensburg, Pa. 17257
Mackenzie Chenoweth (9)
The mother of the child is Jessica Turnbull. She currently resides at 193
Chestnut Grove Road, Shippensburg, Pa. 17257. She is married to Timothy Turnbull.
The father of the child is Timothy Turnbull. He currently resides at 16 Sable
Lane, Hedgesville, West Virginia, 25427.
4. The relationship of plaintiff to the child is that of Father. The plaintiff currently
resides with his father, Duane Turnbull, and his step-mother and sister.
5. The relationship of defendant to the child is that of Mother. The defendant
currently lives with the child and her other child, Mackenzie Chenoweth, age 10.
6. Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth or any other state.
Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to
the child.
7. The best interest and permanent welfare of the child will be served by granting
the relief requested because: The parties recently separated and have not been able to
agree on a custody schedule Father is requesting a custody Order which provides for
shared legal custody and provides a schedule for shared physical custody.
8. Each parent whose parental rights to the child have not been terminated and
the person who has physical custody of the child has been named as parties to this
action.
WHEREFORE, Plaintiff requests the court to enter a custody order regarding the
child.
Respectfully submitted,
(-A 6
+Ja Date:
ms, Esquire
9465
1x W. South St.
arlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICATION
verify that the statements made in this Custody Complaint 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.
Date-
Timothy Turnbull, Plainti
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TIMOTHY TURNBULL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
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CIVIL ACTION -LAW
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JESSICA TURNBULL, NO. 2009-8535 ~_
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Defendant IN CUSTODY ('-:' ~' w ~~~~
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COURT ORDER
AND NOW, this ~~. day of January, 2010, upon consideration of the attached
Custody Conciliation Report, the following TEMPORARY custody Order is issued:
1. The mother, Jessica Turnbull, and the father, Timothy Turnbull, shall enjoy shared
legal custody of Adelalia Dawn Turnbull, born May 28, 2004.
2. The Mother shall enjoy primary physical custody of the minor child.
3. The Father shall enjoy periods of temporary physical custody of the minor child as
follows:
A. On Saturday, January 9, 2010, from 9:00 a.m. until 5:00 p.m.
B. On every third weekend commencing the weekend of January 29`h from
Friday when the child is off school until Sunday at 6:00 p.m.
C. At such other times as the parties may agree.
4. Unless agreed otherwise by the parties, exchange of custody shall be at the Rutters
in Shippensburg.
5. Father shall not drive the child in an automobile until he has a valid driver's license
and his counsel has furnished a copy of that license of the Mother's attorney.
6. Legal counsel for the parties shall conduct another custody conciliation conference
via a telephone conference with the Conciliator on Wednesday, Apri17, 2010, at 8:00
a.m. At that time, the parties will determine if there is a need for a hearing in this
case and, if so, the parties shall have the ability to advance any contrary position at
a hearing. Additionally, in the event there are any incidents that merit attention by
the Court prior to the next telephone conference between the attorneys and the
Conciliator, legal counsel for the parties may contact the Conciliator directly to set
up an expedited telephone conference.
BY THE COURT,
Judge
cc: '' Ja Adams, Esquire
ouglas G. Miller, Esquire
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TIMOTHY TURNBULL,
Plaintiff
vs.
JESSICA TURNBULL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2009-8535
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Adelalia Dawn Turnbull, born May 28, 2004
2. A Conciliation Conference was held on January 8, 2010, with the following
individuals in attendance:
the father, Timothy Turnbull, with his counsel, Jane Adams, Esquire,
and the mother, Jessica Turnbull, who appeared with her counsel,
Douglas Miller, Esquire
3. Based upon the recommendation of the Custody Conciliator, the parties agree to the
entry of a TEMPORARY Order in the form as attached.
Date: January ~, 2010
Hubert X. Gilroy squire
Custody Conci 'ator
s
JUN 3 0 2010
TIMOTHY TURNBULL,
Plaintiff
vs.
JESSICA TURNBULL,
Defendant
NO.2009-8535
IN CUSTODY
PRIOR JUDGE: The Honorable M.L. Ebert, Jr.
COURT ORDER
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AND NOW, this 3 ~ day of ~ y y1e. , 2010, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed that this court's prior order of
January 12, 2010 is vacated and replaced with the order as set forth below. Additionally, the father's
petition for contempt is deemed to be withdrawn and no further action will be taken on that petition.
This court orders as follows:
1. The mother, Jessica Turnbull, and the father, Timothy Turnbull, shall enjoy shared
legal custody of Adelia Dawn Turnbull, born May 28, 2004.
2. 'The Mother shall enjoy primary physical custody of the minor child.
3. The Father shall enjoy periods of temporary physical custody of the minor child as
follows:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
A. On every third weekend from Friday until Sunday at 6:00 p.m. During the
summer months, father shall have custody from Friday at 3:00 p.m. During
the school year, father shall pick the child up from once the child is off school
as he has in the past year subject, however, to mother keeping the father
advised when she can arrange an earlier pickup.
B. Father shall be entitled to one week of vacation time in the summer with
father to promptly notify mother as to when he desires to exercise vacation
in the summer of 2010, with the understanding that father's vacation should
be in July and father will be off work during the time he has vacation.
C. Subject to father's vacation schedule, father shall also have custody on July
6 through July 7 and July 27 through July 28 from 3:00 p.m. unti13:00 p.m.
D. At such other times as the parties agree.
4. The father shall examine his upcoming work schedule for the year and his counsel
shall notify mother's counsel with respect to a proposed holiday schedule between
the parties. If the parties are unable to agree on a holiday schedule, legal counsel for
the parties may contact the Custody Conciliator directly to schedule a telephone
conference call and the Conciliator may recommend a further order to this court in
connection with the holiday schedule.
5. Unless agreed otherwise by the parties, exchange of custody shall be at the Rutters
in Shippensburg.
6. Both parents shall enjoy reasonable telephone contact with the minor child when the
child is in the custody of the other parent.
BY THE COURT,
Judge M.L. Ebert, Jr.
cc: '~ J e Adams, Esquire
/Douglas G. Miller, Esquire
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TIMOTHY TURNBULL,
Plaintiff
vs.
JESSICA TURNBULL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
N0.2009-8535
IN CUSTODY
PRIOR JUDGE: The Honorable M.L. Ebert, Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Adelia Dawn Turnbull, born May 28, 2004
2. A Conciliation Conference was held on June 28, 2010, with the following individuals
in attendance:
The father, Timothy Turnbull, with his counsel, Jane Adams, Esquire,
and the mother, Jessica Turnbull, with her counsel, Douglas Miller, Esquire
3. Tthe parties agree to the entry of an Order in the form as attached.
Date: June ~~, 2010
Hubert X. roy, Esquire
Custody Conciliator
JANE ADAMS
ATTORNEY AT LAW
Attorney I.D. No. 79465
17 W. South St.
Carlisle, Pa. 17013
(717) 245-8508
esgadams@gmail.com
TIMOTHY TURNBULL,
Plaintiff
vs.
JESSICA TURNBULL,
Defendant
i NE PRDtlTHONOTARY
2010 DEC -2 AM 10: 24
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2009 - 8535 Civil Term
IN DIVORCE
PETITION FOR CONTEMPT
1. Plaintiff is Timothy Turnbull, a competent adult individual, who resides at 17
N. Artizan St., Apt B, Williamsport, Maryland, 21795.
2. Defendant is Jessica Turnbull, a competent adult individual, who resides
at193 Chestnut Grove Road, Shippensburg, Cumberland County, Pennsylvania, 17013.
3. Plaintiff and Defendant have one child together, namely, Adelia Turnbull,
born May 28, 2004.
4. A custody order was entered under the above-captioned docket number on
June 30, 2010.
5. Plaintiff is requesting that Defendant be found in contempt of this Order
because:
(a) On Friday, February 19th, 2010, Mother attempted to deny Father his
visitation because she said the child "had lice."
(b) On Friday, March 12th, Mother called Father and said the child had strep
throat. Father agreed that the child should stay with Mother, but asked to be
updated if her condition improved. On Saturday, March 13th, 2010 Mother said
the child was still sick. On Sunday, March 14, 2010, Father asked to
take the child for dinner and Mother refused.
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(c)Before Father's April 2"d, 2010 scheduled visit, Mother called Father and
stated that they were going to her grandfather's for Easter. She denied Father
the opportunity to have a visit. Father later discovered that Mother
went to the beach over Easter and did not visit her relatives.
(d) On May 14, 2010, Mother told Father that the child had ballet pictures and
that he could pick her up afterward. When Father called Mother about the
pickup, Mother would not answer her cell phone and Father never got his visit.
(e) On October 29, 2010, Mother called Father and said the child was sick.
Father asked if he could still have a visit and Mother called and said she
was not coming to the visit. Father called again but Mother refused to answer
her phone.
(f) On November 19, 2010, Father showed up at the exchange point for his
visit. Mother was not there and Father texted her. Mother texted that
it wasn't his weekend, she was not home, and she could not come to the
drop off point. She later admitted it was Father's weekend and offered to
drop the child off on Saturday but did not show up.
6. Under the prior Order, Father only has limited time with the child, consisting
of every third weekend with the child due to his work schedule.
7. Father has not seen the child since October 10, 2010.
8. Mother has offered no make-up visits.
9. A support modification and appeal is currently pending and Father believes
Mother is using the child as retaliation for the reduction of support.
10. Mother is engaging in a pattern of behavior which make it obvious she is
attempting to deny Father his periods of partial custody with the child.
11. Father has incurred additional attorney's fees due to Mother not complying
with the current custody Order.
12. Father is requesting that Mother be found in contempt, and that he be
granted make-up time and any other remedies, including attorneys fees, that may be
found appropriate by this Honorable Court.
13. Father is requesting that he be permitted to pick the child up at school, so
that Mother can no longer deny his visits.
14. Father's request is in the best interest of the child, because it would ensure
that he have consistent and ongoing contact with the child.
WHEREFORE, Father requests that Mother be found in contempt of the custody
Order, and that this court enter an Order for make-up time, attorney's fees, and any
other relief deemed appropriate.
Respectfully submitted,
Date: 14;k-l 10
e Adams, Esquire
. . No. 79465
17 West South St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR FATHER
VERIFICATION
I verify that the statements made in this PETITION 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.
Date: (?' a //0
Timothy Turnbull, Petitioner
TIMOTHY TURNBULL IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
CUMBERLAND COUNTY, PENNSYLVANCA _
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ORDER OF COURT
AND NOW, Wednesday, December 08, 2010 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on . Friday, January 14, 2011 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
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.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilro Es q.
I IL-
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For 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.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
vY t 32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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TIMOTHY TURNBULL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY
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1, upon consideration of the attached Cust ody
Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom No. 2 of the Cumberland County Courthouse
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on the 3 day of , 2011, at ?; ?p . m. 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, a list of witnesses who will be called to testify at the hearing, and
a summary of anticipated testimony of each witness. This Memorandum shall be
filed at least five days prior to the mentioned hearing date.
2. Pending further Order of this Court, this Court's June 30, 2010, Order shall remain
in effect.
BY THE COURT,
M. L. Ebert, Jr., Judge
cc: Jane Adams, Esquire , OV (e,
Douglas G. Miller, Esquire COP ies J / l?
AM
TIMOTHY TURNBULL,
Plaintiff
vs.
JESSICA TURNBULL,
Defendant
Prior Judge: The Honorable M. L. Ebert, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2009-8535
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Adelia Dawn Turnbull, born May 28, 2004
2. A Conciliation Conference was held on January 14, 2011, with the following
individuals in attendance:
the father, Timothy Turnbull, with his counsel, Jane Adams, Esquire, and the
mother, Jessica Turnbull, with her counsel, Douglas G. Miller, Esquire.
3. Father filed a Petition for Contempt which, in reality, is a request for a modification
of the existing Order. Father desires to modify the Order to allow him to pick up the
child at school on Friday which, in Father's view, will eliminate some controversy
between the parties. For a variety of reasons, Mother is unwilling to agree on that
modification, and Mother suggests that she may want to modify the custody Order
herself if it goes to a hearing.
4. A hearing is required, and it is recommended that a resolution of this case should take
no more than two hours of the Court's time.
Date: January, 2011
Hubert X. G' roy, Esquire
Custody Co ciliator
TIMOTHY TURNBULL, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
JESSICA TURNBULL,
DEFENDANT NO. 09-8535 CIVIL
IN RE: CUSTODY
ca
ORDER OF COURT
AND NOW, this 23d day of February, 2011, after hearing in the above-captione d
matter:
1. LEGAL CUSTODY: The Mother, Jessica Turnbull, and the Father, Timothy
Turnbull, shall enjoy shared legal custody of Adelia Turnbull, (date of birth: May 28,
2004). Major decisions concerning their child, including, but not necessarily limited to,
the child's health, welfare, education, religious training and upbringing shall be made by
them jointly, after discussion and consultation with each other, with a view toward
obtaining and following a harmonious policy in the child's best interest. Each party shall
not impair the other party's rights to shared legal custody of the child. Each party shall
not alienate the affections of the child from the other party. Each party shall notify the
other of any activity or circumstance concerning their child that could reasonably be
expected to be of concern to either parent. With regard to any emergency decisions
that must be made, the parent having physical custody of the child at the time of the
emergency shall be permitted to make any immediate decisions necessitated thereby.
However, that parent shall inform the other of the emergency and consult with him or
her as soon as thereafter possible. Each party shall be entitled to complete and full
information from any doctor, dentist, teacher, professional or authority and to have
copies of any reports given to either party as a parent.
2. PHYSICAL CUSTODY: Mother shall have primary physical custody of the
child, Adelia Turnbull, subject to the Father exercising partial physical custody of the
child on the following weekends from Friday at 5:45 p.m. until Sunday at 7:00 p.m.
Pick-up Date
March 4, 2011
March 25, 2011
April 15, 2011
May 6, 2011
May 27, 2011
June 17, 2011
July 8, 2011
July 29, 2011
August 12, 2011
Return Date
March 6, 2011
March 27, 2011
April 17, 2011
May 8, 2011
May 29, 2011
June 19, 2011
July 10, 2011
July 31, 2011
August 14, 2011
September 2, 2011
September 23, 2011
October 14, 2011
November 4, 2011
November 25, 2011
December 16, 2011
January 6, 2012
September 4, 2011
September 25, 2011
October 16, 2011
November 6, 2011
November 27, 2011
December 18, 2011
January 8, 2012
Father shall provide Mother with a list of dates for each subsequent year on or
before November 30 each year.
3. SUMMER VACATION: Father will be granted one week (7 days) of summer
vacation. Mother will provide Father with her summer vacation plans on or before
June 1, 2011. Mother's summer vacation plans shall not interfere with Father's
scheduled custody weekends. After receiving Mother's schedule, Father will advise
Mother of his requested one week vacation on or before June 22, 2011.
4. EXCHANGE LOCATIONS AND TRANSPORTATION:
A. Mother will transport the child to the home of Carol Criswell located at
2755 Ridge Road South, Martinsburg, West Virginia 25401, each scheduled Friday
prior to 5:45 p.m. While it is encouraged, Father is not required to have physical contact
with Carol Criswell during the exchange. Carol Criswell is authorized to release the
child to Father upon recognition of his person and vehicle at her home.
B. Father will be responsible for transporting the child to the Sunoco
Station in Shippensburg for the Sunday exchange.
5. MEDICATION: The parties will be jointly responsible for ensuring that at least
4 doses of the child's medication is transported with the child for use during her
weekends with her Father.
6. COMMUNICATION:
A. Telephone contact between the children and the non-custodial parent
shall be reasonable and liberal as agreed upon by the parties.
B. While the parties are encouraged to amicably communicate with one
another in regards to the child's welfare, such communication need not be conducted
during direct physical contact. Telephonic or text messaging between the parents is
encouraged to avoid verbal confrontation.
7. NONALIENATION: Neither party may say or do anything nor permit a third
party to do or say anything that may estrange the child from the other party, or injure the
opinion of the child as to the other party, or may hamper the free and natural
development of the child's love or affection for the other party. It is specifically directed
that neither party shall disparage the other party's significant other in the presence of
the child. Additionally, it is specifically directed that the parents are not to embroil the
child in the acrimonious relationship between the parents. The parents are not to
involve or influence the child in regard to negative inferences/statements against the
other parent.
8. MODIFICATION: The parties may modify the provisions of this Order by
mutual agreement. In the absence of mutual consent, the terms of this Order shall
control.
./Jane Adams, Esquire
Attorney for Father
ouglas Miller, Esquire
Attorney for Mother
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