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G'ui..~
MICHELE R. TURKOWSKY,
now known as MICHELE GULA,
Plaintiff,
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
v.
No. 509 S 1997
CHARLES J. TURKOWSKY,
Defendant.
CIVIL ACTION. LAW
IN CUSTODY
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ORDER
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AND NOW, this E!.day of ;11,4-;
,2005, upon review of Plaintiff s
Petition for Transfer of Custody Action, it is hereby ORDERED that the above captioned
custody action be transferred to the Court of Common Pleas of Cumberland County. The
prothonotary of the Dauphin County Court of Common Pleas is directed to transfer the record'
to the prothonotary of the Cumberland County Court of Common Pleas in accordance with Pa.
R.C.P. 1915.2(d).
AMY 2,.
h9l'e,ny certify that the fore(lOing ~ a
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Protnonotary
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J.
MEYERS, OESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108
(717) 236-9428 . FAX (717) 236-2817
Distribution:
The Honorable Bruce F. Bratton
Laurie A. Saltzgiver, Esquire, 410 North Second Street, Harrisburg, P A 17108
Charles J. Turkowsky, Esquire, 210 Herman Avenue, Lemoyne, PA 17043
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Date: 5/20/2005
Time: 08:38 AM
Page 1 of 1
Dauphin County
ROA Report
Case: 1997.CV-0509-DC
Current Judge: No Judge
User: LGARCIA
Michele Turkowsky vs. Charles Turkowsky
Date
1/29/1997
4/21/2005
4/22/2005
5/4/2005
5/17/2005
5/20/2005
-
Divorce with Custody
Judge
No JUdge
No Judge
No Judge
Bruce F. Bratton
New Civil Case Filed This Date.
See Docket Book for prior entries.
Petition for Emergency and Special Relief, filed
Upon consideration of the Plaintiff's Petition for Emergency and Special
Relief, it is hereby ORDERED as follows:
1. The Order of this Court dated June 5, 1997, is hereby STAYED;
2. Plaintiff/Mother Michele Turkowsky, now known as Michele Gula, is
hereby awarded sole legal and physical custody of the parties' minor
children Kaiy Kristen Turkowsky (DOB 12/23/92) and Alyssa Kathryn
Turkowsky (DOB 1/4/94), pending further Order of this Court.
3. It appearing from the Petition that there is a question as to the propriety
of jurisdiction of this Court under 23 Pa.C.S.A 5364, and venue under
Pa.R.C.P 1915.2, the parties are instructed to submit a brief or memoranda
(together with affidavits or other documentation of factual matters in
support of the position each party has taken) selling forth the days of the
date fo this Order. Copies of all documents filed with the Prothonotary shall
be simultaneously forwarded to the undersigned's chambers.
4. Plaintiff's counsel shall promptly undertake the service of Plaintiff's
Petition and of this Order upon the Defendant in accordance with the
applicable provisions of Pennsylvania Rules of Civil Procedure, and shall
file proof of such service with the Court forthwith.
5. In the event Plaintiff/Mother determines that jurisdiction and/or venue is
properly in Cumberland County Court of Common Pleas, she shall arrange
for transfer of the instant proceedings to the Cumberland County Court
Pleas within thirty (30) days of the date of this Order. This Order shall
remain effective until further Order of this Court or further Order entered by
the Court of Common Pleas of Cumberland County, Pennsylvania, or any
other Court then having proper jurisdiction and venue, if the matter is
transferred as hereinabove provided.
See ORDER, filed. Copy to atty. 4.22-05
Petition to Transfer Custody Action, filed. No Judge
Upon review of Plaintiff's Petition for Transfer of Custody Action, it is hereby Bruce F. Bratton
ORDERED that the above captioned custody action be transferred to the
Court of Common Pleas of Cumberland County. The prothonotary of the
Dauphin County Court of Common Pleas is directed to transfer the record
to the prothonotary of the Cumberland County Court of Common Pleas in
accordance with Pa.R.C.p. 1915.2(d).
See ORDER, filed. Copies dis!. 5.18-05
The above action transferred to the Court of Common Pleas of Cumberland No Judge
County.
""NO MORE ENTRIES CASE TRANSFERRED""
TO THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY
No Judge
_2._
I hereby certify that the tOfegoing 16 a
true and. .....1' .. ."..,
filed.
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Prothonotary
.
. .
MICHELE R. TURKOWSKY,
Plaintiff
~ ~ Date Submitted: 7/7/97
J>f1~ \)(/ SLM ORDER
: IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
v.
NO. 509 S, 1997
CHARLES J. TURKOWSKY,
Defendant
CIVIL ACTION - LAW
CUSTODY/VISITATION
INSTRUCTIONS
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Case settled - See attached Order
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Case not settled
No Interim Order
See attached Interim Order
Assign to Judge
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Reassign to Judge
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NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend
against the claims set forth in the following pages, you must
take prompt action. You are warned that if you fail to do so,
the case may proceed without you and a decree of divorce or
annulment may be entered against you by the court. A judgment
may also be entered against you for any other claim of relief
requested in these papers by the Plaintiff. You may lose money
or property or other rights important to you, including custody
or visitation of your children.
When the grounds for the divorce is indignities or
irretrievable breakdown of the marriage, you may request
marriage counseling. A list of marriage counselors is available
in the Office of the prothonotary, Room 101, Dauphin county
Courthouse, Front and Market streets, Harrisburg, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Lawyer Referral Service
Dauphin County Courthouse
213 North Front Street
Harrisburg, PA 17101
(717) 232-7536
.
COMPLAINT IN DIVORCE
AND NOW, comes the Plaintiff, Michele R. Turkowsky, by
her attorneys, wix, Wenger & Weidner, and files the within
Complaint against the Defendant, averring as follows:
Count I - Under section 3301(cl of the Divorce Code
1. Plaintiff is Michele R. Turkowsky, an adult
individual who currently resides at 810 Berne Court,
Hummelstown, Dauphin County, Pennsylvania 17036. Plaintiff has
lived at said address since April, 1996.
2. Defendant is Charles J. Turkowsky, an adult
individual who currently resides at 13 Portland street,
Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant
has lived at such address since May, 1996.
3. Plaintiff and Defendant have been bona fide
residents of the Commonwealth of Pennsylvania for at least six
months previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on
July 16, 1992, in Miami, Dade County, Florida.
5. Plaintiff avers that there are children of the
parties under the age of 18, namely:
'<
Kaly K. Turkowsky DOB 12/23/92
Alyssa K. Turkowsky DOB 1/4/94
6. The marriage is irretrievably broken.
7. The Plaintiff and Defendant are both citizens of
the united states of America and are not members of the Armed
Forces.
8. There have been no prior actions of divorce or for
annulment between the parties in this or any other jurisdiction.
9. Plaintiff has been advised of the availability of
counseling and understands that she may have the right to
request that the Court require the parties to participate in
counseling.
WHEREFORE, Plaintiff requests this Honorable Court to
enter a Decree of Divorce pursuant to section 3301(c) of the
Pennsylvania Divorce Code of 1980, as amended (the "Divorce
Code").
Count II - Eauitable Distribution
10. Paragraphs 1 through 9 hereof are incorporated
herein by reference.
11. During the marriage, Plaintiff and Defendant have
acquired various items of marital property, both real and
personal, which are subject to equitable distribution under
Section 3501 of the Divorce Code.
12. Plaintiff and Defendant have been unable to agree
as to an equitable division of said property to the date of the
filing of this Complaint, and substantial portions of said
property are in the exclusive control of Defendant.
WHEREFORE, Plaintiff requests this Honorable Court to
enter a Decree for Equitable Distribution pursuant to section
3501 of the Divorce Code.
Count III - Child Custodv and SUDDort
13. Paragraphs 1 through 12 are incorporated herein by
reference.
14. Plaintiff seeks custody of the following children:
Kaly K. Turkowsky (age 4) and Alyssa K. Turkowsky (age 3). The
children were not born out of wedlock. The children are
presently in the custody of Plaintiff, who resides at 810 Berne
Court, Hummelstown, Dauphin County, Pennsylvania. The children
have lived at that address since April 1996. Prior to that
time, the children lived with Plaintiff and Defendant at 67
Southmont Drive, Enola, Cumberland County, Pennsylvania. The
mother of the children is Plaintiff. She is married to
Defendant. The father of the children is Defendant.
15. The relationship of Plaintiff to the children is
that of mother. The Plaintiff currently resides with her two
children.
16. The relationship of Defendant to the children is
that of father. The Defendant currently resides by himself to
the best of Plaintiff's knowledge.
17. Plaintiff has not participated as a party or
witness, or in another capacity, in other litigation concerning
'.
the custody of the children in this or another court. Plaintiff
has no information of a custody proceeding concerning these
children pending in a court of this Commonwealth. Plaintiff
does not know of a person not a party to the proceedings who has
physical custody of the children or claims to have custody or
visitation rights with respect to the children. The best
interest and permanent welfare of the children will be served by
granting the relief requested because the children are of young
age and have resided continuously with their mother during the
present separation and during a prior separation of the parents.
Further, the father is currently out of the state on business.
18. Each parent whose parental rights to the children
have not been terminated and the person who has physical custody
of the children have been named as parties to this action.
19. Plaintiff has been advised of the requirement to
attend the Seminar for Separating Parents and of the program
description set forth in Local Rule 1930.
20. Defendant will be provided along with the
Complaint, a copy of the Order requiring attendance at the
Seminar for Separating Parents set forth herein and program
description set forth in Local Rule 1930.
21. Plaintiff also requests spousal support for
herself and child support for the parties two minor children.
WHEREFORE, Plaintiff requests the Court to grant joint
legal custody of the children to Plaintiff and Defendant and
physical custody of the children to the Plaintiff subject only
to reasonable visitation by Defendant in the Commonwealth of
Pennsylvania as the parties may agree.
Respectfully submitted,
WIX, WENGER & WEIDNER
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DATE: ;:jG.....".;;L~ /997
By:
David R. Getz, Esquire
1.D. #34838
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
. .
VERIFICATION
I, Michele R. Turkowsky, Plaintiff in the foregoing
Complaint, have read the foregoing Complaint and hereby affirm
and verify that it is true and correct to the best of my
personal knowledge, information and belief. I verify that all
of the statements made in the foregoing are true and correct and
that false statements made therein may subject me to the
penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn
falsification to authorities.
\
DATE:~,o..n ~ 'I; I q q7
MICHELE R. TURKOWSKY, IN THE COURT OF COMMON PLEAS OF
DAUPHIN COUNTY, PENNSYLVANIA
Plaintiff
v. . NO. SO 9 S 1.997
.
:
CHARLES J. TURKOWSKY, CIVIL ACTION - LAW
.
.
Defendant IN DIVORCE AND CUSTODY
ORDER OJ' COUBT
you, Charles J. Turkowsky, are ORDERED to appear in
person in the custodY Mediatio~Off}ce, Fo~r~ Floor,
Harrisburg, pennsylvania, on !lJ~ rJ 1~11 at Ii: 36
o'clock a.m./~' for a custody Mediati6n conference.
All parties are further ORDERED to attend a seminar
entitled "seminar for separating parents" and bring with you to
the Mediation conference the certificate of Attendance you will
receive at th~/seminar. The Plaintiff is schedule to attend on
1Il"~" ,1Iw> ",,.jn . The Defendant is schedUled tn attend nn
~ <,Ik d/..rl.~/n ~. Any requests for rescheduling must be
directed to the provider and will be granted upon cause shown.
(see attached instructions and provider brochure with
registration form).
FAILURE TO APpEAR AT THE SEMINAR OR FAILURE TO REGISTER
AND COMPLETE THE PROGRAM WILL BE BROUGHT TO THE ATTENTION OF THE
COURT AND MAY RESULT IN A FINDING OF CONTEMPT AND THE IMPOSITION
OF SANCTIONS BY THE COURT.
If you fail to appear as provided by this order, an
Order for custody may be entered against you or the court may
issue a warrant for your arrest.
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.
Dauphin County Lawyer Referral Service
21.3 North Front street
Harrisburg, PA 1.71.01.
(71.7) 232-7536
FOR THE COURT:
Dated:
'Y/I{
,
~
custodY conference Officer
, 1.997
-
PROTHON. 27A
Commonwealth of Pennsylvania
County of Dauphin, ss:
MICHELE R. TURKOWSKY
In the Court of Common Pleas of
Dauphin County, Pennsylvania
Plaintiff
VS.
CHARLES J. TURKOWSKY
No. 509 S 19 97
------------------------- ----
Defendant
Decree in Divorce
AND NOW~ rn 2r
it is ordered and decreed that MICHELE R. TURKOWSKY
1977
Plaintiff, and CHARLES J. TURKOWSKY
Defendant, are divorced from the bonds of matrimony.
BY THE COURT,
9-?.}!C-~-'-~--
Judge
Certified
19____
Prothonotary
MICHELE R. TURKOWSKY, IN THE COURT OF COMMON PLEAS OF
DAUPHIN COUNTY, PENNSYLVANIA
plaintiff :
v. NO. 509 S 1997
CHARLES J. TURKOWSKY, . CIVIL ACTION - LAW
.
Defendant IN DIVORCE AND CUSTODY
AFFIDAVIT OF SERVICE
I, Karen S. carter, secretary in the law firm of Wix,
Wenger, & Weidner, P.C., hereby certify that on February 6, 1997,
I sent a true and correct copy of the Complaint in Divorce,
properly endorsed, to Defendant, Charles J. Turkowsky, by
certified Mail, Restricted Delivery, No. P 487 031 413, postage
prepaid, return receipt requested, to 6746 Stuart Avenue, suite
A, Jacksonville, FL 32254, the Defendant's last known address;
and that the Defendant received the Complaint in Divorce on
February 10, 1997, pursuant to the return receipt card, which is
attached hereto and marked Exhibit A.
WIX, WENGER & WEIDNER
Attorneys for plaintiff
By:
Kar n S.
Lega Secretary
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
Sworn to and subscribed
before me this 14th, day of
February, 1996.
,
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Notary Public --
My commission Expires:
(SEAL)
NotarialSe,;
UsaR. Rowe, Notary Public
Hanisburg. Dauphin County
My CommiSSion Expires July 12, 1997
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MICHELE R. TURKOWSKY, IN THE COURT OF COMMON PLEAS OF
DAUPHIN COUNTY, PENNSYLVANIA
Plaintiff
v. NO. 509 S 1997
CHARLES J. TURKOWSKY, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce was filed on January 29,
1997. The Complaint was served on February 10, 1997.
2. The marriage of Plaintiff and Defendant is
irretrievably broken, and ninety (90) days have elapsed from the
date of filing the Complaint.
3. I consent to the entry of a final decree of
divorce.
4. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or ,",xpenses if I do
not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. S4904, relating to
unsworn falsification to authorities.
l/v1! dle~kfu~(k(;\/
Michele R. T~kOWSki~~Intiff
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WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce
without notice.
2. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are
true and correct.
I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. section 4904
Dated:
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AFFIDAVIT OF CONSENT
1. A Complaint in Divorce was filed on January 29,
1997.
I was was served with the Complaint on February 10, 1997.
2. The marriage of Plaintiff and Defendant is
irretrievably broken, and ninety (90) days have elapsed from the
date of filing the Complaint.
3. I consent to the entry of a final decree of
divorce.
4. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
I verify that the statements made ln this Affidavit are
true and correct.
I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. 54904, relating to
unsworn falsification to authorities.
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CharTe~ J". -;~~k01ilsky, D~f~- ..
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WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(0) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce
without notice.
2. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit 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:
'. Charle'S J. TUrkawsky
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PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following
information, to the Court for entry of a divorce decree:
1.
Ground for divorce:
irretrievable breakdown under section
( x ) 3301 (c)
3301 (d) (1) of the Divorc,e Code.
(Check the appropriate section).
2. Date and manner of service of the complaint: ,Januarv 29~
1997 by certified mail, return receipt requested.
Affidavit of Seryice filed on February 14, 1997.
3. (Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required
by section 3301 (c) of the Divorce Code: by plaintiff
July 17, 1997; by defendant June 21, 1997.
4. Related claims pending:
Attorney for (X) Plaintiff
( ) Defendant
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Certificate of Compliance
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Action
1llDivorce
o Custody
o Court Order
o V olunlary
o Refeml
Date Orde.lJld
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Date of Compliance /) / c90/ q7
Innerworks
4415 North Front Street
Harrisurg, P A 17110
717-236-2616
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Signed:
TvDe Party
o Defendant
JiPlainfiff
o PetitiooerJDefendant
o RespnrvfantJplaintiff
o Third Party
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MICHELE R. TURKOWSKY,
Plaintiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
v.
NO. 509 S, 1997
CHARLES J. TURKOWSKY,
Defendant
CUSTODY/VISITATION
AMENDED
ORDER OF COURT
AND NOW, upon consideration of the Complaint for Custody,
it is hereby directed that the parties and their respective counsel
appear before Sandra L. Meilton, Custody Conference Officer, on the
30th day of Mav , 1997, at 1:30 p.m. on the
4th Floor, Dauphin County Court House, Front and Market Streets,
Harrisburg, Pennsylvania, for a Pre-Hearing Custody Conference.
At such Conference, an effort will be made to resolve the issues
in dispute; or if this cannot be accomplished, to define and narrow
the issues to be heard by the Court, and to enter into a Temporary
Order. All children age five or older may, at the request of
either attorney or party, be present at the Conference. Failure
to appear at the Conference may provide grounds for the entry of
a temporary or permanent Order.
FOR THE COURT,
Date of
Order: 4/24/97
By:
Custody Conference Officer
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.
The Dauphin County Lawyer Referral Service
213 North Front Street
Harrisburg, PA 17101
Telephone No. (717) 232-7536
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CIVIL ACTION - LAW
CUSTODY
.
MICHELE R. TURKOWSKY,
plaintiff
Date submitted: 6/5/97
SLM Co(31~ +D tW-k.,
IN THE COURT OF COMMON PLEAS 0 I'd ~7
DAUPHIN COUNTY, PENNSYLVANIA /()/,17
NO. 509 S, 1997
L
CHARLES J. TURKOWSKY,
Defendant
INSTRUCTIONS
X Case settled - See attached Order
Assign to Judge
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Case continued
Case not settled
No Interim Order
See attached Interim order
Reassign to Judge
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MICHELE R. TURKOWSKY,
plaintiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
v.
NO. 509 S, 1997
CHARLES J. TURKOWSKY,
Defendant
CIVIL ACTION - LAW
CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, to wit, this
s1A
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day of
1997, the plaintiff, having appeared without counsel, and the
defendant having been served, but having failed to appear, for a
Custody Conference on May 30, 1997, before the Conference officer,
Sandra L. Meilton, Esquire. Mother indicated that she and Father
had reached an amicable agreement with regard to custody of their
minor children, Kaly K. Turkowsky, born December 23, 1992, and
Alyssa K. Turkowsky, born January 4, 1994, and it is hereby ORDERED
AND DECREED as follows:
1. The parents shall share legal custody of the
children and each parent shall consult with the other concerning
all major decisions affecting the children, including but not
limited to, health, education and religion.
2. Primary physical custody of the children shall be
with Mother, Michele R. Turkowsky.
3. Father, Charles J. Turkowsky, shall have partial
physical custody of the children at times mutually agreed upon by
the parties.
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4. Father has failed to attend the Seminar for
Separating Parents. Father has ninety (90) days from the date of
this Order to attend the Pennsylvania Seminar or to attend a
comparable seminar in Florida. Father shall provide proof of
attendance at the Seminar to the office of the Conference Officer
within ninety (90) days.
5. This Order is a Temporary Order and shall be mailed
to Defendant at his last known address providing him with thirty
(30) days in which to notify the Custody Conference Officer, in
writing, of his desire to attend a Custody Conference and providing
proof of attendance at the Seminar (or comparable program). Such
Conference shall be rescheduled promptly upon Defendant's request.
In the event that Defendant does not contact the
Custody Conference Officer within the prescribed thirty (30) days,
this Order shall become a final Order.
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MICHELE R. TURKOWSKY,
Plaintiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 509 S, 1997
v.
CIVIL ACTION - LAW
CUSTODY
CHARLES J. TURKOWSKY,
Defendant
TEMPORAEY ORDER OF COURT
'----'"
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'AND NOW, to wit, this
sf!
day of
1997, the plaintiff, having appeared without counsel, and the
defendant having been served, but having failed to appear, for a
custody Conference on May 30, 1997, before the Conference officer,
Sandra L. Meilton, ESquire. Mother indicated that she and Father
had reached an amicable agreement with regard to custody of their
minor children, Kaly K. Turkowsky, born December 23, 1992, and
Alyssa K. Turkowsky, born January 4, 1994, and it is hereby ORDERED
AND DECREED as follows:
1. The parents shall share legal custody of the
children and each parent shall consult with the other concerning
all major decisions affecting the children, including but not
limited to, health, education and religion.
2. primary physical custody of the children shall be
with Mother, Michele R. Turkowsky.
3. Father, Charles J. Turkowsky, shall have partial
physical custody of the children at times mutually agreed upon by
the parties.
EXHIBIT
I
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4. Father has failed to attend the Seminar for
Separating Parents. Father has ninety (90) days from the date of
this Order to attend the Pennsylvania Seminar or to attend a
comparable seminar in Florida. Father shall provide proof of
attendance at the Seminar to the office of the Conference Officer
within ninety (90) days.
5. This Order is a Temporary Order and shall be mailed
to Defendant at his last known address providing him with thirty
(30) days in which to notify the Custody Conference Officer, in
writing, of his desire to attend a Custody Conference and providing
proof of attendance at the Seminar (or comparable program). Such
Conference shall be rescheduled promptly upon Defendant's request.
In the event that Defendant does not contact the
Custody Conference Officer within the prescribed thirty (30) days,
this Order shall become a final Order.
-
Stephen E. Farina
prothonotary
OFFICE OF
,,~01'RONOTARY
Front & Market Streets
Harrisburg, P A 17101
County of Dauphin
May 20, 2005 2
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IN RE: Michele R Turkowsky nka Michele Gula Vs Charles J TurkowskY~
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Dauphin County Dkt No 509 S 1997 f) LL..-
Cumberland County DktNo. ~r- ~qt'J1 l'l~'" 1'EJZb1
Curtis R Long, Prothonotary
Cumberland County Court House
Hanover & High Streets
Carlisle, Pa 17013
Dear Sir/ Madam:
By Order of May 174, 2005 by Hon Bruce R Bratton, Judge
The above matter has been transferred to the Court of Common Please of
Cumberland County.
1 am, accordingly, sending originals of all the papers herewith.
I Will appreciate the return of the attached receipt address to the
Attention: of Ms. Lisandra Garcia.
Very truly yours,
(jlIt.tj/t.em 00 W;'yhla.
Stephen E. Farina
Prothonotary
(7\ 7) 780.6520
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MICHELE R. TURKOWSKY,
Plaintiff
~ ~ ,'v1Date Submitted: 7/7/97
'f<- 1..---l \ PlI SLM ORDER
: IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
v.
NO. 509 S, 1997
CHARLES J. TURKOWSKY,
Defendant
CIVIL ACTION - LAW
CUSTODY/VISITATION
INSTRUCTIONS
x
Case settled - See attached Order
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Case continued
Case not settled
No Interim Order
See attached Interim Order
Assign to Judge
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MICHELE R. TURKOWSKY,
plaintiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
v.
NO. 509 S, 1997
CHARLES J. TURKOWSKY,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, to wit, this
//(A
day of C$if
1997, the plaintiff, having appeared without counsel, and the
defendant having been served, but having failed to appear, for a
Custody Conference on May 30, 1997, before the Conference Officer,
Sandra L. Meilton, Esquire. Mother indicated that she andJ'ather
had reached an amicable agreement with regard to custody ot~iheir
minor children, Kaly K. Turkowsky, born December 23, 1992, and
Alyssa K. Turkowsky, born January 4, 1994, and it is hereby ORDERED
AND DECREED as follows:
1. The parents shall share legal custody of the
children and each parent shall consult with the other concerning
all major decisions affecting the children, including but not
limited to, health, education and religion.
2. Primary physical custody of the children shall be
with Mother, Michele R. Turkowsky.
3. Father, Charles J. Turkowsky, shall have partial
physical custody of the children at times mutually agreed upon by
the parties.
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4. Father has failed to attend the Seminar for
Separating Parents. Father has ninety (90) days from the date of
this Order to attend the Pennsylvania Seminar or to attend a
comparable seminar in Florida. Father shall provide proof of
attendance at the Seminar to the office of the Conference Officer
within ninety (90) days.
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MICHELE R. TURKOWSKY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF DAUPHIN COUNTY, PENNSYLVANIA
v.
NO. 509 S 1997
CHARLES J. TURKOWSKY,
Defendant
: IN DIVORCE
:
MOTION FOR ENTRY OF DIVORCE
AND, NOW comes the Plaintiff, Michele R. Turkowsky, by and
through her attorney, David R. Getz, Esquire of Wix, Wenger &
thereof sets forth the following:
Weidner, and moves this Court to enter the divorce, and a support
1997, which Complaint was served on February 10, 1997.
1. Plaintiff filed a Complaint in Divorce on January 29,
Affidavits of Consent and Waivers of Notice.
2. Both Plaintiff and Defendant have signed the requisite
Praecipe to Enter Divorce on or about July 17, 1997.
Plaintiff filed a
3. Because the parties have minor children, this Court
ordered the parties to attend the Seminar For Separating Parents.
Plaintiff attended the Seminar on February 20, 1997 and the
Plaintiff's original certificate of attendance was delivered to the
Conciliator, Sandra L. Meilton, Esquire.
1997 (Defendant, who lives in Florida, did not attend). The
4. Custody was determined at a Custody Conference on May 30,
parties reached an amicable agreement and a Temporary Order of
--
-
.
Court was entered on June 5, 1997. A Final Order of Custody was
Order.
entered on July 11, 1997, as Defendant did not appeal the Temporary
Defendant was ordered to attend the Pennsylvania Seminar or a
In the Custody Order, entered by Judge Kleinfelter,
comparable seminar in Florida within ninety (90) days from the date
of the Order and to provide proof thereof to the Conference
Officer.
5. Plaintiff desires to finalize the divorce as custody and
financial difficulties as a result of the continuation of the
support have been decided and Plaintiff continues to experience
marriage. Defendant's car, which is owned in joint names, is being
her credit by having the divorce finalized.
repossessed and Plaintiff hopes that she can minimize the damage to
WHEREFORE, Plaintiff respectfully requests that this Court
enter an Order granting the divorce as requested.
Respectfully submitted,
WIX, WENGER & WEIDNER
By: ,!JroZ-..:_ )
David R. Get , EsqUt e
LD. # 34838
508 North Second Street
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
DATE: July 24, 1997
drg.a:\turkowsky.motion July 24, 1997
--
-
MICHELE R. TURKOWSKY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
DAUPHIN COUNTY, PENNSYLVANIA
v.
NO. 509 S 1997
CHARLES J. TURKOWSKY,
Defendant
IN DIVORCE AND CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Motion For Entry of
Divorce was sent by certified/return receipt requested and first
class, postage prepaid mail this day to the following:
Charles J. Turkowsky
6746 Stuart Avenue, suite A
Jacksonville, FL 32254
WIX, WENGER & WEIDNER
By:
David R. Getz, Esqu
1. D. #34838
508 North Second Street
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
DATE: July 24, 1997
drg.a:\turkowsky.cert July 24, 1997
MICHELE R. TURKOWSKY,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
CHARLES J. TURKOWSKY,
Defendant
: NO. 509 S 1997
INDIRECT CONTEMPT - FAILURE TO
ATTEND SEMINAR FOR
SEPARATING PARENTS
RULE TO SHOW CAUSE
AND NOW, thi~ day of July, 1997, a Rule is issued in the above-
captioned matter to show cause why Defendant, Charles J. Turkowsky, should not be held
in contempt of court for failure to comply with the Order to attend the Seminar for
Separating Parents.
Rule returnable SeDtember 19,1997 at 1:30 P.M., COURTROOM NO.
1, Fifth Floor, Dauphin County Courthouse, Front and Market Streets, Harrisburg,
Pennsylvania.
Upon finding a violation of any provision of a court order, the court, either
pnrsuant to a petition for civil contempt or on its own accord, may hold a party in
civil contempt and constrain that party in accordance with law. A sentence for civil
contempt may include imprisonment of up to six (6) months and/or a fine of up to
$1,000.00 dollars..
If you desire legal counsel, please contact:
Dauphin County Lawyer Referral Services
213 N. Front Street
Harrisburg, PA 17101
(717) 232-7536
OR
Office of the Public Defender
Veterans' Memorial Building
112 Market Street
Harrisburg, PA 17101
(717) 255-2746
The Plaintiff, Michele R. Turkowsky, need not attend.
Distribution:
BY THE COURT:
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Petitioner, Michele R. Turkowsky
c/o David R. Getz, Esquire
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
Respondent, Charles J. Turkowsky
6746 Stuart Avenue, Suite A
Jacksonville, FL 32254
Innerworks, 4415 N. Front St., Harrisburg, PA 17110
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MICHELE R. TURKOWSKY, now known as
MICHELE GULA,
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYL VANIA
Plaintiff
vs.
: NO. 509 S 1997
CHARLES J. TURKOWSKY,
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Defendant
CNIL ACTION - LAW
ORDER
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AND NOW, this.dZ.. day of April, 2005, upon consideration of the Plaintiff's
Petition for Emergency and Special Relief, it is hereby ORDERED as follows:
1. The Order of this Court dated June 5, 1997, is hereby STAYED;
2. PlaintiIDMother Michele Turkowsky, now known as Michele Gu1a, is hereby
awarded sole legal and physical custody of the parties' minor children Kaly Kristen Turkowsky
(DOB 12/23/92) and Alyssa Kathryn Turkowsky (DOB 1/4/94), pending further Order of this
Court.
3. It appearing from the Petition that there is a question as to the propriety of
jUrisdiction of this Court under 23 Pa.C.S.A. *5364, and venue under Pa.R.C.p. *1915.2, the
Parties are instructed to submit a brief or memoranda (together with affidavits or other
documentation offactual matters in suppon of the position each party has taken) setting forth the
position of each party with respect to jurisdiction and venue of this Court within twenty (20)
days of the date of this Order. Copies of all documents filed with the Prothonotary shall be
simultaneously forwarded to the undersigned's chambers.
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4. Plaintiff's counsel shall promptly undertake the service of Plaintiff's Petition and
of this Order upon the Defendant in accordance with the applicable provisions of Pennsylvania
Rules of Civil Procedure, and shall file proof of such service with the Court forthwith.
5. In the event Plaintiff/Mother determines that jurisdiction and/or venue is properly
in Cumberland County Court of Common Pleas, she shall arrange for transfer of the instant
proceedings to the Cumberland County Court of Common Pleas within thirty (30) days of the
date of this Order. This Order shall remain effective until further Order of this Court or further
Order entered by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other
Court then having proper jurisdiction and venue, if the matter is transferred as hereinabove
provided.
Bruce F. Bratton, Judge
2
---
-
6
MICHELE R. TURKOWSKY,
now known as, MICHELE GULA,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
v.
: NO. 509 S 1997
CHARLES J. TURKOWSKY,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER
AND NOW, this _ day of
, 2005, upon consideration of
Plaintiffs Petition for Emergency and Special Relief, it is hereby ordered that Plaintiff/Mother,
Michele Turkowsky, now Michele Gula, shall havc sole legal and physical custody ofthe
children, Kaly Turkowsky and Alyssa Turkowsky.
BY THE COURT:
. J.
MEYERS, DESFOR. SALTZGIVER & BOYLE
410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108
(717) 236-9428 . FAX (717) 236-2817
MICHELE R. TURKOWSKY,
now known as, MICHELE GULA,
PlaintifJ
: IN THE COURT OF COMMON PLEAS.
: DAUPHIN COUNTY, PENNSYLVANIA
v.
: NO. 509 S 1997
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CHARLES 1. TURKOWSKY,
Defendant
: CIVIL ACTION. LA W
: IN CUSTODY
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PETITION FOR EMERGENCY AND SPECIAL RELIEF'
co
AND NOW, comes the Plaintiff, Michele Gula, by and through her attorneys, Meyers,
Desfor, Saltzgiver & Boyle and files the following Petition for Emergency and Special Relief
and in support thereof avers as follows:
I. Petitioner is Michele R. Turkowsky, now Michele R. Gula, an adult individual residing
at 34 Emlyn Lane Mechanicsburg, Pennsylvania. (hereinafter referred to as "Mother")
2. Respondent is Charles J. Turkowsky, an adult individual residing at 210 Herman
Avenue, Lemoyne, Pennsylvania. (hereinafter referred to as "Father")
3. The parties are the parents of two minor children namely Kaly Kristen Turkowsky, date
of birth December 23, 1992 and Alyssa Kathryn Turkowsky, date of birth January 4,
1994.
4. The parties were previously married and have been separated since April of 1996 and
divorced since July 28, 1997.
5. The most recent custody order is the Temporary Order of COllrt of June 5, 1997. (See
Exhibit "A").
6. Mother has always had primary physical cllstody of the children.
7. Since the parties separation and divorce in 1997, Father has resided in a number of
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108
(717) 236-9428 . FAX (717) 236-2817
states. He has had a number ofresidences and a number of jobs. Father's custody and
contact with the children has been sporadic in light of his frequent relocations.
8. Mother has always facilitated a relationship between Father and the children when she
believed it was appropriate and in the children's best interests.
9. Mother has discovered a number of things about Father's behavior and lifestyle which
lead her to believe that it is harmful for the children to have any contact with Father.
10. Father has a history of drug and alcohol abuse. Mother believes that Father continues to
abuse alcohol and use drugs. Mother separated frolll Father largely due to his
alcoholism and drug abuse.
II. Father has been living in Florida and recently returned to the Central Pennsylvania area.
12. Father was arrested on February 28,2004 Illr possession of cocaine in Broward County,
Florida. This action is pending and there is a warrant out for Father's arrest. Father has
recently moved to Lemoyne, Pennsylvania trom Broward County, Florida. Mother
believes that Father has moved to Pennsylvania to evade prosecution for cocaine
possessIOn.
13. Mother has been advised by the children that Father drinks copious amounts of beer
while they are in his custody.
14. Father has had a number of DUI' s in a number of difTerent states including Florida and
Maryland.
15. Mother has been advised by the children that Father has been drinking and driving with
the children in the car. Additionally, the children have advised Mother that Father has
o
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MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108
(717) 236-9428 . FAX (717) 236.2817
driven them in an automobile without a valid drivcrs license.
16. There have been occasions when therc was marijuana and cocaine in Father's home
when the children were in Father's custody, and Father has used drugs while the
children were in his care.
17. Mother has been advised by the children that F athcr has taken money out of their purses
when they have visited him and used the money to buy cigarettes and beer.
Additionally, Mother has been advised by the children that Father has sold their
possessions which they believed to have becn missing.
18. Since Father has returned to Central Pennsylvania he has requested partial physical
custody of the children. Mother has retllsed to permit this due to his alcoholism and
drug abuse.
19. Mother is afraid that Father may take the childrcn and try to pick them up from school
or from one of their activities. Mother does not believc it is safe for the children to be in
Father's care as he drinks alcohol all day, cvery day. Mother greatly fears for the safety
of the children. Mother requests that she bc granted sole legal and physical custody so
Father cannot pick the children up tram school or any other activity. Mother fears that
Father may try to kidnap the children and cause thcm harm.
20. For all of these reasons, Petitioner, Michele Gula, mother of the children herein, hereby
requests that this Honorable Court issue an Order ordering that Father have no contact
with the children. Mother is very conccrned for the safety and welfare ofthe children.
Mother is concerned that Father may in some way attempt to take the children and keep
4
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108
(717) 236-9428 . FAX (717) 236-2817
I
Respect/Lilly submitted,
the children from her.
WHEREFORE, in light of all of the above, Mother requests that an Order be issued
which grants Mother sole legal and physical custody and prohibits Father from having any
contact with the children.
Laurie Pi. altz r,
Attorney 1.0. 6138-
Meyers. Des1or, Saltzgiver & Boyle
410 North Second Street
P.O. Box 1062
Harrisburg, I' A 17 I 08
(717)236.9428
Attorney t(Jr Petitioner
5
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET. P.o. BOX 1062 . HARRISBURG. PA 17108
(717) 236-9428 . FAX (717) 236-2817
VERIFICATION
I,
M;("'Ihplp (;111.:=1
, verify that the
statements made in this
Pe~t~inn for F.m~rgpn~y ~nn Sp~~;~l
Relief
are true and correct to the bes
of my knowledge, information and belief.
I understand that fals
statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to
authorities.
Dated:
4/;;>1/0<;
Plaintiff
Defendant
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MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108
(717) 236-9428 . FAX (717) 236-2817
MICHELE R. TURKOWSKY,
now known as, MICHELE GULA,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYL VANIA'
v.
: NO. 509 S 1997
CHARLES J. TURKOWSKY,
Defendant
: CIVIL ACTION. LA W
: IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify on this 21st day of April, 2005, that a copy of the foregoing Petition for
Emergency and Special Reliefwas mailed, first.class, postage pre'paid to:
Charles J. Turkowsky
210 Herman A venue
Lcmoyne, P A J 7043
Laurie . c altz vel', Esquire
Attorney for Petitioner
MEYERS, DESFOR, SAlTZGIVEA & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108
(717) 236-9428 . FAX (717) 236-2817
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MICHELE R. TURKOWSKY,
Plaintiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
v.
CHARLES J. TURKOWSKY,
Defendant
NO. 509 S, 1997
CIVIL ACTION - LAW
CUSTODY
TEMPORARY ORDER OF COURT
'AND NOW, to wit, this
.sJ%
day of
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~4C!L
1997, the plaintiff, having appeared without counsel, and the
defendant having been served, but having failed to appear, for a
Custody Conference on May 30, 1997, before the Conference Officer,
Sandra L. Meilton, Esquire. Mother indicated that she and Father
had reached an amicable agreement with regard to custody of their
minor children, Kaly K. Turkowsky, born December 23, 1992, and
Alyssa K. Turkowsky, born January 4, 1994, and it is hereby ORDERED
AND DECREED as follows:
1. The parents shall share legal Custody of the
children and each parent shall consult with the other concerning
all major decisions affecting the children, including but not
limited to, health, education and religion.
2. Primary physical custody of the children shall be
with Mother, Michele R. Turkowsky.
3. Father, Charles J. Turkowsky, shall have partial
physical custody of the children at times mutually agreed upon by
the parties.
EXHIBIT
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A
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4. Father has failed to attend the Seminar for
Separating Parents. Father has ninety (90) days from the date of
this Order to attend the Pennsylvania Seminar or to attend a
comparable seminar in Florida. Father shall provide proof of
attendance at the Seminar to the office of the Conference Officer
within ninety (90) days.
5. This Order is a Temporary Order and shall be mailed
to Defendant at his last known address providing him with thirty
(30) days in which to notify the Custody Conference Officer, in
writing, of his desire to attend a Custody Conference and providing
proof of attendance at the Seminar (or comparable program). Such
Conference shall be rescheduled promptly upon Defendant's request.
In the event that Defendant does not contact the
Custody Conference Officer within the prescribed thirty (30) days,
this Order shall become a final Order.
J.
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