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HomeMy WebLinkAbout06-6688 AREIL J. SUnON, . . IN THE COURT OF COMMON PLEAS . . PLAI NTI FF CUMBERLAND COUNTY, PENNSYLVANIA V. DUSTIN J. JOYNT, NO. O~ - ~~~ ,)Jd +u,... DEFENDANT CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a wri"en appearance personally or by attorney and filing in writing with the Court your defenses or obiections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a iudgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the PlaintiH. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 AREIL J. SUnON, IN THE COURT OF COMMON PLEAS PLAI NTI FF . . CUMBERLAND COUNTY, PENNSYLVANIA V. . . DUSTIN J. JOYNT, NO. DEFENDANT : CUSTODY NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus obieciones alas demand as en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queia 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades o otros detechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. 51 NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 AREIL J. SUnON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 0'-- {,&,g-~ ~ T~ DUSTIN J. JOYNT : CIVIL ACTION - LAW Defendant : CUSTODY COMPLAINT FOR CUSTODY AND NOW comes Plaintiff AREIL J. SUnON, by and through her attorneys, Rupp and Meikle and Richard C. Rupp, Esquire, who avers the following: 1. Plaintiff Areil J. Sutton (Mother) is an adult individual who currently resides at 826 Mandy Lane, Camp Hill, PA, 17011. 2. Defendant Dustin J. Joynt (Father) is an adult individual who currently resides at 139 S. York Rd., Dillsburg, PA, 17019. 3. Mother and Father are the natural parents of one minor child: A. Dylan Alexander Joynt Born 01/28/2006. 5. For the last year or more, the child has resided with the following person at the following addresses: A. From the child's birth through two or three weeks later, the minor child lived with the both parties at 2109 Cedar Run Drive, Apt. 306, Camp Hill, PA 17011. B. After February 2006 to present, the parties' minor child has been in Mother's sole custody. 6. The parties have not participated as a party or witness or in any other capacity in any other litigation regarding the custody of the child in any iurisdiction and there are no Court Orders from any other Court or any other iurisdiction. 7. Mother does not know of any persons not a party to the proceedings who has physical custody of the minor child or claims to have custodial or visitation rights with respect to the minor child. 8. Since the parties separated, the Mother has had essentially and for all practical purposes, sole custody of their minor child. 9. The Mother submits that it is in the best interests and permanent welfare of the minor child shall be served by granting the Mother full primary physical and legal custody of the minor child, as follows: 2 A. Father has a history of poor iudgment and making bad decisions. B. Father has had some mental problems. C. Father does illegal drugs. D. Plaintiff / Mother is concerned that father would not be responsible with their infant / minor child. E. Father shows a lack of interest in their child. WHEREFORE, the Plaintiff, the Mother, respectfully requests this Honorable Court to enter an Order granting full legal and physical custody of the minor child to the Plaintiff. RESPECTFULLY 5UBMlnED, Richard C. Rupp, Es Atty. I. D. No. 34832 355 N. 21st St., 5te. 205 Camp Hill, PA 17011 717-761-3459 A"orneys for Plaintiff 3 VERIFICATION I, AREIL J. 5UnON , verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subiect to penalties of 18 Pa. C.5. I 4904 relating to unsworn falsification to authorities. 0..... "I \ C &- O~ AREIL J. 5UnON, Plaintiff Date: III ~ J 2~1.Q 4 'f ~ ~ ...... w F ~ 0(} ~ l.u ........ CX/ , 0 ~ r.J ~ ~. -.,-. I'..) => C::.."? (-.:.'''\ ..".. (~ ....'- o 11 ::;:! 1+1 :n r- "') N .. "-.1 :;',1 ,;.-,:. :.0 -< f-V N G .... _ AREIL 1. SUTTON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-6688 CIVIL ACTION LAW DUSTIN J. JOYNT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 05,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, January 03, 2007 , the conciliator, at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or 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, Esq. ~ Custody Conciliator fA' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,~ ~-? ~ L/--. - -P- .... - .~/ ;7(/:5! C I -6 ~ ~ ~u, 90.Y C'/ ~~~~~~~ v.~~e/ VINV/\!ASNN3d J I ~ 'Il'"'-'- ,_., '-"-'Mn'" I\.l.i\ \J',7 Ii '.'':it 1 v 60 :'1 Wd S- 330 900l AU\-I'L''l:'''-'U :':'.-I..J :JHl --'0 0". Vi "I..h 1...1./,...r.J...J ;J 301+iD-'G311::l .. ',JAN 16 2007 / ARIEL J. SUTTON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-6688 CIVIL ACTION LAW DUSTIN J. JOYNT Defendant IN CUSTODY ORDER OF COURT ~ AND NOW, this ~ ~ _ day of , 2001 upon consideration of the attached Custody Conciliation R ort, it is ordered and directed as follows: 1. Pending the conciliation conference scheduled in this Order, the Mother shall have primary physical and legal custody of Dylan Alexander Joynt, born January 28,2006, subject to the Father's periods of partial custody in this Order. 2. The Father shall have partial physical custody of the Child on his two days off from work each week from 10:00 a.m. until 5:00 p.m., with the Father's first period of custody to take place at the Father's residence from 10:00 a.m. until 12:00 noon for the purpose of reestablishing contact between the Father and Child after an extended period. 3. The Father shall provide the Mother with notice of his available days promptly (same day) upon being notified of his schedule from his employer. 4. The Mother shall be entitled to have telephone contact during the Father's periods of custody with the Child. 5. Neither party shall use illegal drugs or consume alcohol to the point of intoxication during his or her periods of custody with the Child. Both parties shall ensure that third parties having contact with the Child comply with this provision. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Thursday, February 15, 2007 at 10:30 a.m. for the purpose of reviewing the physical and legal custody arrangements. 8. 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 mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. cc: Leslie A. Tomeo, Esquire. Counsel for Father Richard C. Rupp, Esquire - Counsel for Mother ~ ~~- :700') \:!INV/\lASNN3d 1il'.....,..,'- "".,'" '-.r.'Mnl"'\ 1\.1.. \41 1(. ,I,! . ',"::~:i(:Jl1~f 'OJ 6S :8 Wd 91 NVr tOOl Ab'V10NOHl08d 3Hl .:10 3ClL:!;lO--03lL:J ,.. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ARIEL SUTTON vs. 06-6688 CIVIL ACTION LAW DUSTIN J. JOYNT Defendant IN CUSTODY 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 CURRENTLY IN CUSTODY OF Dylan Alexander Joynt January 28,2006 Mother 2. A custody conciliation conference was held on January 3, 2007, with the following individuals in attendance: the Mother, Ariel J. Sutton, with her counsel, Richard Rupp, Esquire, and the Father Dustin J. Joynt, with his counsel, Leslie A. Tomeo, Esquire. 3. This matter was placed on hold for a few days following the conciliation conference to enable the Father to further consider arrangements discussed at the conference. The conciliator was subsequently notified by the Father's attorney that the Father agreed to entry of an Order reflecting the arrangements discussed at the conference. ~v~ fj cJ.CX>7 Date 4. The parties agreed to entry of an Order in the form as attached. ~ nR-~~ Dawn S. Sunday, Esquirr Custody Conciliator .. MAR U 2007 pi / t ARIEL J. SUTTON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-6688 CIVIL ACTION LAW DUSTIN J. JOYNT Defendant IN CUSTODY ORDER OF COURT AND NOW, this p#'fll day of IHJ , 2007, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The prior Order of this Court dated January 16, 2007 is vacated and replaced with this Order. 2. The Mother, Ariel J. Sutton, and the Father, Dustin J. Joynt, shall have shared legal custody of Dylan Alexander Joynt, born January 28,2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding his health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Mother may take the Child to Erie, Pennsylvania to visit with the Mother's friend from March 16 through no later than April 7, 2007 prior to the Father's first period of partial custody. 5. The Father shall have partial physical custody ofthe Child in accordance with the following schedule: A. The Father shall have custody of the Child on Easter Sunday, April 8, 2007, from 10:00 a.m. until 5:00 p.m., from April 12 at 5:00 p.m. through April 13 at 5:00 p.m., and on April 15 from 10:00 a.m. until 5:00 p.m. B. Thereafter, during every week, the Father shall have custody of the Child from Thursday at 5:00 p.m. through Friday at 5:00 p.m. and from Sunday at 5:00 p.m. through Monday at 5 :00 p.m. 6. The parties shall share having custody of the Child on holidays as follows: A. Thanksgiving: In every year on Thanksgiving day, the Mother shall have custody of the Child until 3:00 p.m. on Thanksgiving and the Father shall have custody from Thanksgiving day at 3:00 p.m. through the following Friday at 5:00 p.m. in accordance with the regular custody schedule. 4 B. Child's birthday: In even-numbered years, the Father shall be entitled to plan the Child's birthday party and in odd-numbered years, the Mother shall be entitled to plan the Child's birthday party. Both parents may attend the Child's birthday party in every year. C. The parties shall share or alternate having custody of the Child on the remaining holidays as arranged by agreement. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. The Father's mother may provide transportation for the Child at the beginning of the Father's periods of custody. However, the parties agree that the Father will primarily be responsible to provide transportation personally at the end of his periods of custody, except when it is necessary and preferable for the Father's mother to provide the transportation on an occasional basis. 8. The parties shall conduct all exchanges of custody in a civil and cooperative manner to promote the emotional well being of the Child. 9. In the event the Father will not be available for his period of custody, the Father shall notify the Mother in advance to enable the Mother to have the opportunity to provide care for the Child. 10. The Mother shall notify the Father at the time of scheduling well child visits, immunizations, etc. for the Child to enable the Father to attend the appointments ifhe is able to do so. The Mother shall cooperate in scheduling the Child's medical appointments during the afternoon hours to accommodate the Father's work schedule as much as possible. 11. The Father shall comply with all restrictions concerning the Child's diet during his periods of custody and shall obtain a separate car seat appropriate for the Child. 12. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 13. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this ~ utual consent. In the absence of mutual consent, the terms of this Order shall control. // ~p >" Edward E. Guido J. V1N~IAl'\\S\!i~3d ,,-li\'r-,-- r-,-. --'-"Jn8 LJ 11 II "I ~;; f,:~ -"._."h. I U p.J-~ ;;~ , fJ+j :8 WV 6Z ~VW LOOl ^' U\./ I U", t, '(\ I i "',I. U ::JHl' :10 OIf.J.. ,\V,l,JJ",u -' 3~jl;J:UJ.{!3ltJ . ARIEL J. SUTTON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-6688 CIVIL ACTION LAW DUSTIN J. JOYNT Defendant IN CUSTODY Prior Judge: Edward E. Guido 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 CURRENTLY IN CUSTODY OF Dylan Alexander Joynt January 28, 2006 Mother 2. A custody conciliation conference was held on February 15, 2007, which had been scheduled in the prior Order as a follow up to the initial conference on January 3,2007. However, at the time of the conference, only the Father and his attorney were in attendance as neither the Mother nor her counsel appeared for the conference or contacted the conciliator. After telephone contact with the Mother and eventually, the Mother's counsel, the follow up conference was rescheduled to March 16, 2007. The March 16, 2007 conference was held with the following individuals in attendance: the Mother, Arie1 J. Sutton, with her counsel, Richard Rupp, Esquire, and the Father Dustin 1. Joynt, with his counsel, Leslie A. Tomeo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Da~~c!::o Custody Conciliator SHERIFF'S RETURN - OUT OF COUNTY .. ~ASE NO: 2006-06688 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VS SUTTON AREIL J JOYNT DUSTIN J R. Thomas Kline , Sheriff or Deputy Sherif I who being duly sworn according to law, says, that he made a diligen search and and inquiry for the within named DEFENDANT , to wit JOYNT DUSTIN J but was unable to locate Him in his bailiwick. He th efore deputized the sheriff of YORK County, Penns vania, to serve the within ORDER & CUSTODY COMPLAINT On January 5th , 2007 , this office was In receip of the attached return from YORK Sheriff's Costs: So Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Dep York County 76.40 Sheriff Postage 1.26 114 . 6 6 ./ L~ / jilt Iv 7 01/05/2007 RUPP & MEIKLE nty Sworn and subscribe to before me this day of A.D. COUNTY OF YORK OFFICE OF THE SHERIFF Lj . SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK, PA 17401 SERVE . AT { Dustin J. Joynt 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPE TY TO BE ~I J)\I!';T-in .J. Joynt 6 ADDRESS (STREET OR RFO V\I1TH BOX NUMBER, APT NO, CITY, BORO, TWP. STATE AND ZIP CODE) PA 170] 9 DEPUTIZE LINE. 1 THRU 12 ANY COPES SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1 PLAINTlFF/S! Areil J. Sutton 3 DEFENDANT/S! ORD NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy shenff levying upon or attachIng any prope under WIthin Writ may leave same without a watchman. in custody 01 whomever IS lound in POSsessIon, alter nolifylng person 01 levy or attachment, WIthout liability on the part 01 such cj puty or the sheriff to any plalnliff herein for any loss, destrudion. or removal 01 any property before sheriffs sale thereol 9. TYPE NAME and ADDRESS 01 ATTORNEY / ORIGINATOR and SIGNATURE R U P PAN D ~1 ElK l E 11 DATE FILED 355 NORTH 21ST STREET, STE 205, CAMP HILL. PA 17011 12/6/2006 NOW ~coo:loor ]? .20~I.SHERIFFOF COUN~.PA., o here York COUNTY to execute thi . . ma~ to law. This deputization being made at the request and risk of the plaintiff. ~;>-;~ , , SHERIFF OF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITI~1ifR'tYt CO U N T Y a..rnbe L LJ 1 ST CLASS MAIL U POSTED U OTHER 7 INDICATE SERVICE y d;~~ the sheriff of r ~ording ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to a..rnberland County Sheriff. 12 SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW (ThIs area must be completed" nolice IS to be mailed) 13. I acknowledge receipt 01 the wrrt or complall'lt as indicated above MJ MCGILL YCSO 16. HOW SERVED PERSONAl.(V') RESIDENCE POSTED ( ) POE( ) I hereby certify and return a NOT FOUND because I am unable to locate the IndIvidual, company, ete named above (See remarks below. 22 23. Advance Costs $100.00 I . 41. 42 d yol R~~ ~~~T~ L" ,t:30,',,\~N I CITY OF YORK, YORK MY COMM:SSIOf'J EXP:RSS I\UG. 12,2009 48 SIgnature 01 Foreogn County Shenff 50. I ACKNOWlEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - ISSUIng Authority 2. PINK - Attorney 3 CANARY - Sheriff's Office 4. BLUE - ShenIT's Office 12/28/06 49 DATE SEI d '- Jji,L' C.Ui " ~~.;J :~CJl r ~.., .Jv " i ._~ "",' ,_~ .,.....