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HomeMy WebLinkAbout07-3713 DAVID E. DYSON, JR., and JILL S. DYSON, Plaintiffs v. ABIGAIL P. DYSON and TERRY L. JONES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and an Order for custody may be entered against you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 r AHRENS LAW FIRM JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 52 Gettysburg Pike Mechanicsburg, PA 17055 Telephone No. (717) 697-1800 Attorneys for Plaintiffs DAVID E. DYSON, JR., and JILL S. DYSON, Plaintiffs v. ABIGAIL P. DYSUN and TERRY L. JONES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW CUSTODY COMPLAINT IN CUSTODY AND NOW, come Plaintiffs David E. Dyson, Jr., and Jill S. Dyson, by and through their attorney, Jeanne B. Costopoulos, Esquire, and aver the following in support of this Complaint in Custody: 1. Plaintiff, David E. Dyson, Jr., is an adult individual currently residing at 17 Bonfire Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Plaintiff, Jill S. Dyson, is an adult individual currently residing at 17 Bonfire Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 3 . Defendant, Abigail P. Dyson, is a minor, born March 16,1990, currently residing at 17 Bonfire Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. . ~ 4. Defendant, Terry L. Jones, is an adult individual currently residing at 201 Tory Circle, Enola, Cumberland County, Pennsylvania, 17025. 5. There is one dependent child from the relationship of Defendants Abigail P. Dyson and Terry L. Jones, namely Parker Eli Dyson, born June 15, 2007, hereinafter referred to as the child. 6. Defendants Abigail P. Dyson and Terry L. Jones are not married and the child was born out of wedlock. 7. The child is presently in the custody of Plaintiffs David E. Dyson, Jr., and Jill S. Dyson, who reside at 17 Sunfire Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 8. Since birth, the child has resided in the home of Plaintiffs David E. Dyson, Jr., and Jill S. Dyson. 9. The relationship of Plaintiff David E. Dyson, Jr., to the child is that of natural maternal grandfather. Plaintiff David E. Dyson, Jr., currently resides with his wife, Plaintiff Jill S. Dyson, their minor daughter, Defendant Abigail P. Dyson, and the subject child. 10. The relationship of Plaintiff Jill S. Dyson to the child is that of natural maternal grandmother. Plaintiff .Till S. Dyson currently resides with her husband, Plaintiff David E. Dyson, Jr., their minor daughter, Defendant Abigail P. Dyson, and the subject child. 11. The relationship of Defendant Abigail P. Dyson to the child is that of natural mother. Defendant Abigail P. Dyson is a minor, born March 16, 1990, and currently resides with her parents, Plaintiffs David E. Dyson , Jr., and Jill S. Dyson, the subject child, and her sisters Kate Dyson and Rebecca Dyson. 12. The relationship of Defendant Terry L. Jones to the child is that of natural father. Defendant Terry L. Jones currently resides with his parents, Steven Jones and Virginia Jones, his sister, Alizabeth Itter, his brother-in-law, Matthew Itter, and his nephew, Aidan Itter. 13. Plaintiffs have not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 14. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 15. Plaintiffs do 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. 16. The best interest and permanent welfare of the child will be served by granting Plaintiffs primary physical and shared legal custody of their grandson. 17. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiffs David E. Dyson, Jr., and Jill S. Dyson, respectfully requests this Honorable Court to grant them primary physical and shared legal custody of their grandson. Respectfully Submitted: AHRENS LAW FIRM By: ~ --_.._~. E B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 52 Gettysburg Pike Mechanicsburg, PA 17055 Telephone No. {717) 697-1800 Attorneys for Plaintiffs VERIFICATION I, David E. Dyson, Jr., hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ~ ~ d`^-'~ Signature: Davi .Dyson, Jr. VERIFICATION I, Jill S. Dyson, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 6 "a~ 0 - ©~ Signature: Jill S. Dy n ~~1^`] ~ Y ~T h w `-- V ~~. ~r ^~..• ~3~. . t j~rY r..~ } .`~ ~-j ._s n„~ __,,r L,... ."'~ v ~::? ~~ "-~ ~ t ~~ ~# ".~~'3 -4 AHRENS LAW FIRM JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 52 Gettysburg Pike Mechanicsburg, PA 17055 Telephone No. (717) 697-1800 Attorneys for Plaintiffs DAVID E. DYSON, JR., and : IN THE COURT OF COMMON PLEAS OF JILL S. DYSON, :CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs NO. d 7- .3 ~ l 3 v. :CIVIL ACTION -LAW ABIGAIL P. DYSON and TERRY L. JONES, :CUSTODY Defendants CUSTODY STIPULATION AND NOW, come the parties, Plaintiffs, David E. Dyson, Jr., and Jill S. Dyson, and Defendants Abigail P. Dyson and Terry L. Jones, and respectfully request the following Stipulation to be entered as an Order of Court: WHEREAS, Defendant Abigail P. Dyson (hereinafter referred to as "Mother") and Defendant Terry L. Jones (hereinafter referred to as "Father"), have born to them one child, namely Parker Eli Dyson, born June 15, 2007 (hereinafter referred to as "the child"); and WHEREAS, Mother is currently a minor, born March 16, 1990, and she is presently residing with her parents, Plaintiffs David E. Dyson, Jr., and Jill S. Dyson (hereinafter referred as "Maternal Grandparents"). WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and support of the child; and, WHEREAS, all parties have had the opportunity to review this Stipulation with counsel prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. LEGAL CUSTODY: Maternal Grandparents shall share legal custody of the child with Mother. The parties agree that major decisions concerning the child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by Maternal Grandparents and Mother, after discussion and consultation with each other and Father, with a view toward obtaining and following a harmonious policy in the child's best interests. Maternal Grandparents and Mother agree not to impair each other's rights to shared legal custody of the child. Maternal Grandparents and Mother shall notify one another and Father of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the others. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions regarding the child, which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other parties of the emergency and consult with the other parties as soon as possible. Maternal Grandparents, Mother, and Father 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 any of the parties. 2. PHYSICAL CUSTODY: Maternal Grandparents shall have primary physical custody of the child subject to liberal periods of partial custody with Mother and Father, respectively, at such times as the parties mutually agree. 3. SUPPORT: Maternal Grandparents have agreed to financially provide for the child for so long as they continue to exercise primary physical custody of the child. 4. VOLUNTARY EXECUTION AND FAIRNESS OF THE AGREEMENT: Each party acknowledges that this Custody Stipulation has been entered into by his or her own volition, with full knowledge of the facts and full information as to his or her legal rights, each party having been provided ample opportunity to discuss with his or her independent legal counsel of the effect of the terms of this Custody Stipulation and that each believes this Custody Stipulation to be reasonable and in the best interest of the child under the circumstances and not the result of any duress or undue influence. 5. SUPERSEDEAS OF PRIOR iCOURT ORDERS: This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. 6. ENTRY AS AN ORDER OF COURT: It is the intention of the parties that this Custody Stipulation may be entered as an Order of Court, as if a full hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act 23 Pa.C.S. 54. It is agreed that, until subsequent Order of Court of competent jurisdiction, Pennsylvania shall be deemed the home state of the child, and that this Stipulation shall be considered the first custody decree or initial decree concerning said child. IN WITNESS THEREOF, and intending to be legally bound thereby, the parties hereto have hereunto set their hands and seals and the date of their acknowledgment. Date: ~ 'p'~''o~~ Signature: avid E. Dyson, r. Date: G -o~y -V 7 Signature: - Jill S yson ., Date: ~ ' ~O • Z o07 Signature: A igail P. D on Date: ~i _ z~ ' p-~ Signature: J ~~~~- Terry L. Jones COMMONWEALTH OF PENNSYLVANIA) )SS: COUNTY OF ) On this, the ~ day of , 2007, before me, a Notary Public, the undersigned officer, personally ap eared David E. Dyson, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Stipulation and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ancj%fficial seal. Notary Publi~ 1~R~lONWEALTH OF PBNNSYL,VANU COMMONWEALTH OF PENNSYLVANIA) ~ S>:~L S S : upper Alka Toaot~ip, buc COUNTY OF ) `.M com~seion 07 On this, the ~o~ day of ~ , 2007, before me, a Notary Public, the undersigned officer, personally ap eared Jill S. Dyson, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Stipulation and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand Notary COMMONWEALTH OF PENNSYLVANIA) )SS: COUNTY OF ) official seal. Aaron C. Jsclcsan, Notary Pubic uppQ Alien To~wm~ip, CLoibaLod Cauoty ~~ IKss- m, 2oi i On this, the day of _, 2007, before me, a Notary Public, the undersigned officer, personally a ear~,d Abigail P. Dyson, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Stipulation and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand,and official seal. Notary Pub c ~~ ~A ~ S~ LVAMA ~mn C .b~c1~, UpperAllee Tower ~' boa ~ 0?, 2011 COMMONWEALTH OF PENNSYLVANIA) )SS: COUNTY OF ) On this, the ~ day of , 2007, before me, a Notary Public, the undersigned officer, personally ap ared Terry L. Jones, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Stipulation and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Publi 041~10NWPAL'lIi OF P~13YLVAMA NO~i'ARiAL SEAL Aaron C. Jackson, Notny Public UpQa~Uiee Tawni~ip, C~oba~iwdCodsg- tip,. , t~. ~ ~ c:;.; ' ~ ' (_: r-t T ~ ~ t x r,"e ..~ i' "1 Ci } ~c~ ~' ..-~-' : _, : ~ ~ { - .. '~ ~ r ~ DAVID E. DYSON, JR., and : IN THE COURT OF COMMON PLEAS OF JILL S. DYSON, :CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs c..~._ . NO. D'?'-. 3'713 l..Ic~c,L, l ~L v. : CIVIL ACTION -LAW ABIGAIL P. DYSON and TERRY L. JONES, :CUSTODY Defendants ORDER OF COURT AND NOW, this day of .~ ~ L , 2007, upon consideration of the within CUSTODY STIPULATION which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that its contents are hereby approved and adopted as an Order of Court with full weight and effect as if they had been set forth in full hereinafter. It is binding and enforceable upon the parties hereto. Any and all prior Orders in this matter are hereby vacated. BY THE COURT: >-- ~ • ~ r-- cad ~ .s. ~ MY :> ~,,. ~~ ~'- ~ _ ~ ~ ~~ 0.~~ ~a N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI IA?; DAVID E. DYSON, JR. and CIVIL ACTION - LAW JILL S. DYSON, mac, _ C:) Plaintiffs, No. 07-3713 x- cx? _ v. ABIGAIL P. DYSON and TERRY L. JONES, Defendants. NOTICE OF PROPOSED RELOCATION Filed on behalf of Plaintiffs: David E. Dyson, Jr. and Jill S. Dyson Counsel of Record for These Parties: Jonathan S. McAnney, Esquire Pa. I.D. #50041 Aaron C. Jackson, Esquire Pa. I.D. #200490 TUCKER ARENSBERG, P.C. 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 234-4121 L IT:519787-1 026380-148251 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID E. DYSON, JR. and CIVIL ACTION - LAW JILL S. DYSON, Plaintiffs, No. 07-3713 V. ABIGAIL P. DYSON and TERRY L. JONES, Defendants. NOTICE OF PROPOSED RELOCATION AND NOW COME the Plaintiffs, David E. Dyson, Jr. and Jill S. Dyson, by and through their counsel, Jonathan S. McAnney, Esquire, Aaron C. Jackson, Esquire, and the law firm of Tucker Arensberg, P.C., and files the following Notice of Proposed Relocation: To: Abigail P. Dyson 17 Sunfire Avenue Camp Hill, PA 17011 Terry L. Jones 201 Tory Circle Enola, PA 17025 Pursuant to 23 Pa. C.S.A. § 5337 (c), this Notice of Relocation is being provided to all parties to this action. Please take notice that the following is being proposed for the custody of Parker Eli Dyson (DOB: 6-15-07): 1. The Mother, Abigail P. Dyson, and her husband-to-be John Arthur Milner will be married on June 16, 2012. 2. After their wedding on June 16, 2012, the Mother, Abigail P. Dyson and John Arthur Milner will be assuming primary physical custody of Parker Eli Dyson. 3. The Mother, Abigail P. Dyson and John Arthur Milner will also be relocating to Aurora, Ohio. 4. The intended residence of Abigail P. Dyson and John Arthur Milner is anticipated to be 10412 Red Bud Drive, Aurora, Ohio, 44202. The mailing address of the intended residence is 10412 Red Bud Drive, Aurora, Ohio, 44202. 5. The persons who will be living at the new residence will be the following: A. Abigail P. Dyson 22 years of age B. John Arthur Milner 24 years of age C. Parker Eli Dyson 4 years old 6. The home phone number of the new residence is not known at this time but will be provided upon receipt. Abigail's cell phone number is 717-756-7827. Arthur's cell phone number is 330-357-1343. 7. The name of the new school district is Aurora School District and the school will be Miller Elementary School. 8. The date of the proposed relocation is June 16, 2012. 9. The reasons for the proposed relocation are that John Arthur Milner is from Ohio and he is employed with the Streetsboro, Ohio Police Department. 10. The proposed revised custody schedule is as follows: A. Abigail and John Arthur Milner will have primary physical and legal custody of Parker Eli Dyson at their home. B. The Father, Terry L. Jones, will have partial custody of Parker Eli Dyson at times arranged and agreed to by the parties and shall include the following. On all occasions when Abigail and Arthur return to see the maternal grandparents David and Jill Dyson who reside at 17 Sunfire Avenue, Camp Hill, PA 17011, they will notify Terry that they will be in the area so that he can spend time with Parker. Terry will be permitted to have a reasonable period of time with Parker that will be coordinated by the parties. Terry is permitted to travel to Aurora, Ohio to see Parker as long as he gives Abigail and Arthur at least 48 hours notice. On other occasions agreed by the parties, Abigail and Arthur or David and Jill Dyson may make arrangements with Terry where they will each provide transportation for Parker and meet at a point midway between Aurora, Ohio and Camp Hill, Pennsylvania to facilitate occasionally additional visits for Parker and Terry in Camp Hill, Pennsylvania. C. Terry shall be permitted regular telephone and/or Skype contact with Parker. D. Holidays will be coordinated and arranged by the parties. E. Summer vacations will be coordinated and arranged by the parties. F. Both parents will promptly advise the other of any medical emergency where Parker is required to seek medical care or treatment at a hospital or other emergency health care facility. Abigail will advise Terry of all routine pediatric doctor visits and he shall have the right to attend all such appointments. G. Abigail agrees to notify Terry of all extracurricular or sporting activities that Parker may be involved in so that Terry can attend any such events, games, or programs. H. Both parents agree to communicate with each other involving matters affecting Parker in an amicable fashion by voice, phone call, e-mail or text message. I. All of Parker's caretakers (Abigail, John Arthur Milner, and Terry L. Jones) agree that they will not talk about the other party in a derogatory or negative manner while in the presence of Parker. J. All parties agree that it is in Parker's best interest that he have continuing and regular contact with Parker's maternal grandparents, David E. Dyson, Jr. and Jill S. Dyson, 17 Sunfire Avenue Camp Hill, PA 17011, and the paternal grandparents, Steve and Gail Jones, 201 Tory Circle Enola, PA 17025 and they agree to make every effort to ensure that such contact continues in the future. 11. A counter affidavit as provided under subsection (d) (1) which can be used if the parties object to the proposed relocation and the modification of the custody order is attached hereto. 12. WARNING: If the non-relocating party does not file with the court an objection to the proposed relocation within thirty days after receipt of this notice, that party shall be foreclosed from objection to the relocation. Respectfully submitted, TUCKER ARENSBERG, P.C. By v Jonath S. nney, Pa. 1. o.50041 Aaron C. Jackson, Esquire Pa. I.D. #200490 TUCKER ARENSBERG, P.C. Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 234-4121 Counsel for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID E. DYSON, JR. and JILL S. DYSON, CIVIL ACTION - LAW Plaintiffs, V. ABIGAIL P. DYSON and TERRY L. JONES, Defendants. No. 07-3713 COUNTER-AFFIDAVIT REGARDING RELOCATION This proposal of relocation involved the following child: Child's Name Age Currently residing at: Parker Eli Dyson 4 17 Sunfire Avenue Camp Hill, PA 17011 I have received a notice of proposed relocation and 1. 1 do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to the notice. 2. 1 do not object to the relocation, but I do object to modification of the custody order, and I request that a hearing be scheduled: a. Prior to allowing Parker Eli Dyson to relocate. b. After the child relocates. 3. 1 do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand in addition to checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation. I verify that the statements made in this counter-affidavit 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: CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Relocation was hand-delivered, this J 3.- day of April, 2012, upon the following: Abigail P. Dyson 17 Sunfire Avenue Camp Hill, PA 17011 Terry L. Jones 201 Tory Circle Enola, PA 17025 Jonaoay S. McAnney, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID E. DYSON, JR. and CIVIL ACTION - LAW JILL S. DYSON, 7 ps rT1 r. r-- LL Plaintiffs, No. 07-3713 , a ; f rte-, ?' ?'* v. TERRY L. JONES' ACCEPT E Of SERVICE OF NOTICE OF PR O SED ; RELOCATION - ABIGAIL P. DYSON and TERRY L. JONES, Defendants. Filed on behalf of Plaintiffs: David E. Dyson, Jr. and Jill S. Dyson Counsel of Record for These Parties: Jonathan S. McAnney, Esquire Pa. I.D. #50041 Aaron C. Jackson, Esquire Pa. I.D. #200490 TUCKER ARENSBERG, P.C. 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 234-4121 L I T: 52 0845-1 026380-148251 L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID E. DYSON, JR. and JILL S. DYSON, CIVIL ACTION - LAW Plaintiffs, V. ABIGAIL P. DYSON and TERRY L. JONES, No. 07-3713 Defendants. TERRY L. JONES' ACCEPTANCE OF SERVICE OF NOTICE OF PROPOSED RELOCATION AND NOW COME the Plaintiffs, David E. Dyson, Jr. and Jill S. Dyson, by and through their counsel, Jonathan S. McAnney, Esquire, Aaron C. Jackson, Esquire, and the law firm of Tucker Arensberg, P.C., and files the following Terry L. Jones' Acceptance of Service of Notice of Proposed Relocation. I, Terry L. Jones, do hereby accept service of the Notice of Proposed Relocation that has been filed in this matter. Date: `1110 i Terry .Jones IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID E. DYSON, JR. and CIVIL ACTION - LAW JILL S. DYSON, _? - r1l ?. Plaintiffs, No. 07-3713 a' rv v. > (? Z 1 [ ABIGAIL P. DYSON'S ACCE VCE-Okg SERVICE OF NOTICE OF PROM)SED ' RELOCATION ABIGAIL P. DYSON and TERRY L. JONES, Defendants. Filed on behalf of Plaintiffs: David E. Dyson, Jr. and Jill S. Dyson Counsel of Record for These Parties: Jonathan S. McAnney, Esquire Pa. I.D. #50041 Aaron C. Jackson, Esquire Pa. I.D. #200490 TUCKER ARENSBERG, P.C. 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 234-4121 L IT:520842-1 026380-148251 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID E. DYSON, JR. and JILL S. DYSON, CIVIL ACTION - LAW Plaintiffs, v. ABIGAIL P. DYSON and TERRY L. JONES, Defendants. No. 07-3713 ABIGAIL P. DYSON'S ACCEPTANCE OF SERVICE OF NOTICE OF PROPOSED RELOCATION AND NOW COME the Plaintiffs, David E. Dyson, Jr. and Jill S. Dyson, by and through their counsel, Jonathan S. McAnney, Esquire, Aaron C. Jackson, Esquire, and the law firm of Tucker Arensberg, P.C., and files the following Abigail P. Dyson's Acceptance of Service of Notice of Proposed Relocation. I, Abigail P. Dyson, do hereby accept service of the Notice of Proposed Relocation that has been filed in this matter. Date: AbiqOf P. Dy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID E. DYSON, JR. and JILL S. DYSON, CIVIL ACTION - LAW Plaintiffs, V. ABIGAIL P. DYSON and TERRY L. JONES, Defendants. COUNTER-AFFIDAVIT REGARDING RELOCATION This proposal of relocation involved the following child: ?7v fV +f=?? '? ??41,e?1 t"'- ate., f cn, ° tl =CD Child's Name Age Currently residing at: Parker Eli Dyson 4 17 Sunfire Avenue Camp Hill, PA 17011 I have received a notice of proposed relocation and 1._ I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to the notice. 2. 1 do not object to the relocation, but I do object to modification of the custody order, and I request that a hearing be scheduled: a. Prior to allowing Parker Eli Dyson to relocate. b. After the child relocates. 3. 1 do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand in addition to checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation. No. 07-3713 I verify that the statements made in this counter-affidavit 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: ?? //.? DAVID E. DYSON, JR. AND JILL S. DYSON : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-3713 CIVIL ACTION LAW C-; ABIGAIL P. DYSON AND TERRY L. JONES IN CUSTODY _ DEFENDANT ?> ap ? ORDER OF COURT r - '-. AND NOW, Wednesday, May 16, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 _ on Thursday, June 07, 2012 at 4:00 PM 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/ Dawn S. Sunday Es q. vVA 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? eW. COPY men/8d f? j ay C°o ,tea ? ?eo? ? /-? 5 DAVID DYSON JR. and JILL S. DYSON Plaintiff vs. ABIGAIL P. DYSON and TERRY L. JONES and JOHN ARTHUR MILNER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-3713 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this / day of 2012, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The Mother, Abigail P. Dyson, the Mother's husband, John Arthur Milner, and the Father, Terry L. Jones, shall have shared legal custody of Parker Eli Dyson, born June 15, 2007. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. No party shall impair the other parties' rights to shared legal custody of the Child. No party shall attempt to alienate the affections of the Child from the other parties. Each party shall notify the others of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the others. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the others of the emergency and consult with them as soon as possible. In accordance with 23 Pa.C.S.A. §5309, all parties shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to any party as authorized by statute. 2. The Mother and her husband shall have primary physical custody of the Child and may relocate with the Child to Ohio. 3. The Father and the Maternal Grandparents shall have liberal periods of partial physical custody of the Child as arranged by agreement. 4. The parties shall share having custody of the Child on holidays as arranged by agreement. 5. By agreement of the parties, the caption of this matter is amended to include the Mother's husband, John Arthur Milner, as an additional Defendant. 6. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by the consent of all parties. In the absence of consent of all parties, the terms of this Order shall control. BY THE COURT, J. cc: Aaron C. Jackson Esquire -- Counsel for Maternal Grandparents ? Terry L. Jones - Father c ;7- Abigail P. Dyson and John Arthur Milner - Mother/Stepfather; liG ' ? ? _ DAVID DYSON JR. and JILL S. DYSON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-3713 CIVIL ACTION LAW ABIGAIL P. DYSON and TERRY L. JONES and JOHN ARTHUR MILNER Defendant IN CUSTODY Prior Judge: J. Wesley Oler CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Parker Eli Dyson June 15, 2007 2. A custody conciliation conference was held on June 7, 2012, with the following individuals in attendance: the Maternal Grandparents, David E. Dyson Jr. and Jill S. Dyson, with their counsel, Aaron C. Jackson Esquire, the Mother, Abigail P. Dyson, pro se, the Father, Terry L. Jones, pro se, and the Mother's husband, John Arthur Milner. This Court previously entered an Order on the parties' Stipulation on June 21, 2007 under which the Maternal Grandparents had primary physical custody of the Child due to the Mother's young age. The circumstances have now changed and all parties are in agreement that the Mother and her husband (as of June 18, 2012) will have primary physical custody of the Child and relocate him to Ohio and the other parties will have partial physical custody as arranged by agreement. 3. It was also agreed at the conference that the caption should be amended to include the Mother's husband, John Arthur Milner, as an additional Defendant as all parties agreed that he would have primary physical custody of the Child with the Mother. 4. Accordingly, the conciliator submits an Order in the form as attached reflecting the agreements of the parties at the conciliation conference. Date Dawn S. Sunday, Esquire Custody Conciliator