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HomeMy WebLinkAbout08-3203PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Ashley M. Trayer, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Joshua. M. Billet, Defendant. : NO. 08- mad CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Ashley M. Trayer, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Ashley M. Trayer, residing at 3902 Trayer Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The defendant is Joshua M. Billet, residing at 3468 Druck Valley Rd, York, York County, Pennsylvania 17402. 3. Plaintiff seeks primary custody of. Name Present Residence Age Anabelle Michelle Billet 3902 Trayer Lane 1 (d.o.b. 10/11/06) Mechanicsburg, Pa 17050 4. The child was born out of wedlock. 5. The child is presently in the custody of Ashley Trayer, who resides at 3902 Trayer Lane. Mechanicsburg, PA 17050. 6. During the past five years the child has resided with the following persons at the following addresses: Persons Address Dates Linda Trayer 3902 Trayer Lane 10/11/06-Present Ashley M. Trayer Mechanicsburg, Pa 17050 Thomas Trayer The mother of the child is Ashley M. Trayer. She is single. The father of the child is Joshua M. Billet. He is single. 7. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Linda Trayer Mother Thomas Trayer Father Zachary Trayer Son Sabrina Trayer Daughter Anabelle M. Billet Daughter 8. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Helen Moats Marion Billet James Billet Relationship Girlfriend Grandmother Father 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the child's primary caretaker for all of the child's life; b. Plaintiff provides the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c. Plaintiff has permitted contact between Defendant and the child and will continue to do so; d. Plaintiff is willing to accept custody of the child. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, plaintiff requests the Court to grant her shared legal custody and primary physical custody of the child, with the father having periods of partial custody. Respectfully submitted, Date: ?_ Z Michael Lightfoot Certified Legal Intern C? A A ROBE E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Ashley M. Trayer C7 i`-' c j C'.? --rY % ? ?.! y,.? l T 1'J ?... ~ ? '?? ? .. l? Ashley Trayer : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Joshua Billet Defendant NO. 08-3a03CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Ashley Trayer , Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, -OF I Date 5 ' 13/ h l? Michael Lightfo Certified Legal Intern ROBERT' E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C_= CID `n ASHLEY M. TRAYER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3203 CIVIL ACTION LAW JOSHUA M. BILLET IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 28, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, June 23, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . 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 t . ;- t1C THE MI:: r JUN 2 5 2008 ASHLEY M. TRAYER, Plaintiff V. JOSHUA M. BILLET, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3203 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ZAP day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Ashley M. Trayer and the Father, Joshua M. Billet, shall have shared legal custody of Annabelle Michelle Billet, born October 11, 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 her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody of the child on alternating weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. beginning Friday, June 27, 2008. 4. Transportation shall be shared such that the parties shall meet at the designated time at the Rutters Gas Station located at the Newberrytown Exit of I-83. 5. Holidavs: The following holiday and event schedule shall supersede the regular custody schedule. At the end of the holiday period (as set forth below), the regular custodial schedule shall resume. Mother and Father shall share physical custody of the child on the child's birthday, Thanksgiving, Christmas, Mother's Day and Father's Day as follows: A. Easter and Thanksgiving Day shall be alternated each year, with each parent having custody for one of the holidays each year. The custody period shall begin at 7:00 p.m. on the day prior to the holiday and shall end at 7:00 p.m. on the day of the holiday. Mother shall have physical custody of the child on Easter in even numbered years and Father shall have physical custody of the child for Easter in odd numbered years. Mother shall have physical custody of the child for Thanksgiving in odd numbered years and Father shall have physical custody of the child for Thanksgiving in even numbered years. B. Christmas shall be divided into two Blocks. Block A shall be from 7:00 p.m. on December 23 to 7:00 p.m. on December 24. Block B shall be from 7:00 p.m. on December 24 to 7:00 p.m. on December 25. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. C. The child's birthday shall be shared between the parents as mutually agreed. D. Mother's Day/Father's Day. Mother shall have physical custody of the child on Mother's Day weekend from Friday at 7:00 p.m. to Sunday at 7:00 p.m. Father shall have physical custody of the child on Father's Day weekend from Friday at 7:00 p.m. to Sunday at 7:00 p.m. 6. Vacation. Father shall have physical custody of the child for one uninterrupted week in the summer of 2008 provided he give Mother 15 days prior notice and the location and telephone number where the child may be reached. For all succeeding years Father shall have two non-consecutive weeks in the summer provided he give Mother 15 days prior notice and the location and telephone number where the child may be reached. Father may not select the period from July 3-5. 7. Except for vacation, Father shall not remove the child from Pennsylvania overnight without Mother's prior authorization or Order of Court. 8. Both parties shall have reasonable telephone contact with the child. 9. Both parties shall notify each other of all medical care the child receives while in the other parent's care and all medical emergencies that arise. 10. Neither party may consume alcohol to the point of intoxication or use illegal drugs immediately before or during their periods of physical custody. 11. Neither parent may do or say anything, not permit a third party from doing or saying anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 12. 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. cc: Michael Lightfoot, certified legal intern, counsel for Mother e MacDonald-Fox, Esquire, Family Law Clinic moshua M. Billet, pro se l 3468 Druck Valley Road York, PA 17402 121 02S rna t lL ' ) +?: .ate ;?. CZ ? CXs a, ASHLEY M. TRAYER, Plaintiff V. JOSHUA M. BILLET, Defendant PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3203 CIVIL ACTION - LAW : IN CUSTODY 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 Annabelle Michelle Billet October 11, 2006 Mother 2. A Conciliation Conference was held in this matter on June 23, 2008, with the following in attendance: The Mother, Ashley M. Trayer, with her counsel, Michael Lightfoot, certified legal intern, Anne MacDonald-Fox, Esquire, Family Law Clinic and the Father, Joshua M. Billet, by telephone, pro se. 3. The parties agreed to an Order in the form as attached. Date ac eline M. Verney, Esquire Custody Conciliator