Loading...
HomeMy WebLinkAbout08-3204ABLE TO PROVIDE 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 Corey R. Erdenbrack, Defendant. :NO. 08- 2,?6Y 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 Corey R. Erdenbrack, residing at 3391 Druck Valley Rd, York, York County, Pennsylvania 17402. 3. Plaintiff seeks primary custody of: Name Zachary Marcaus Trayer Sabrina Marie Trayer Present Residence 3902 Trayer Lane Mechanicsburg, Pa 17050 3902 Trayer Lane Mechanicsburg, Pa 17050 Age 0 (d.o.b.10/15/07) 3 (d.o.b. 7/10/04) 4. The children were born out of wedlock. 5. The children are presently in the custody of Ashley Trayer, who resides at 3902 Trayer Lane. Mechanicsburg, PA 17050. 6. During the past five years the children have resided with the following persons at the following addresses: Persons Address Dates Linda Trayer 504 Rittenhouse Ct. 7/10/04-8/1/04 Thomas Trayer Mechanicsburg, Pa 17050 Ashley Trayer Linda Trayer 3902 Trayer Lane 8/1/04-Present Thomas Trayer Mechanicsburg, Pa 17050 Ashley Trayer Anabelle M. Billet 3902 Trayer Lane 10/11/06-Present Mechanicsburg, Pa 17050 The mother of the children is Ashley M. Trayer. She is single. The father of the children is Corey R. Erdenbrack. He is single. 7. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons: Name Linda Trayer Relationship Thomas Trayer Mother Father Zachary Trayer Son Sabrina Trayer Daughter Anabelle M. Billet Daughter 8. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons: Name Eileen Erdenbrack Ralph Erdenbrack Relationship Mother Father 9. Plaintiff has not participated as a party or witness, or in another capacity, litigation concerning the custody of the children in this or another cur. in other Plaintiff has no information of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has been the children's primary caretaker for all of the children's life; b. Plaintiff provides the children with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the children's needs; c. Plaintiff has permitted contact between Defendant and the children and will continue to do so; d. Plaintiff is willing to accept custody of the children. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the children 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 children, with the father having periods of partial custody. Respectfully submitted, Date: ` I Michael Ligh of Certified Legal Intern 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 C? 'v Fri ,,1 Ashley Trayer : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Corey Erdenbrack CUSTODY Defendant NO. 08- CIVIL 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, Date A; (Ij ? 1 5 "2?t Michael Lightfoot Certified Legal Intern ROBE 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?. ??:-- rrT ASHLEY M. TRAYER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3204 CIVIL ACTION LAW COREY ERDENBRACK 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 9:30 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/ Jacqueline M. Verney, Esq 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 'r'te AL AL O THE 20TI HAY 29 FIN 12: C vm", X 'r.'Y,€4,r.h„r a JUN 2 5 zoos Y ASHLEY M. TRAYER, Plaintiff V. COREY R. ERDENBRACK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3204 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW this -76 day po of ?>(Ng _ 2008 u n consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Ashley M. Trayer and the Father, Corey R. Erdenbrack, shall have shared legal custody of Zachary Marcaus Trayer, born October 15, 2007 and Sabrina Marie Trayer, born July 10, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to medical, dental, religious or school records, the residence address of the children 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 children. 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 children. 3. Father shall have periods of partial physical custody of Zachary as agreed by the parties. 4. Father shall have partial physical custody of Sabrina on alternating weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. beginning Friday, June 27, 2008. 40 5. 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. 6. Holiday 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 Dav 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 children on Easter in even numbered years and Father shall have physical custody of the children for Easter in odd numbered years. Mother shall have physical custody of the children for Thanksgiving in odd numbered years and Father shall have physical custody of the children 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 children's birthday shall be shared between the parents as mutually agreed. D. Mother's D"Nather's Day. Mother shall have physical custody of the children 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 children on Father's Day weekend from Friday at 7:00 p.m. to Sunday at 7:00 p.m. 7. 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. 8. Except for vacation, Father shall not remove the child from Pennsylvania overnight without Mother's prior authorization or Order of Court. 9. Both parties shall have reasonable telephone contact with the children. 10. Both parties shall notify each other of all medical care the children receive while in the other parent's care and all medical emergencies that arise. 11. Neither parry may consume alcohol to the point of intoxication or use illegal drugs immediately before or during their periods of physical custody. 12. Neither parent may do or say anything, not permit a third party from doing or saying anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 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 Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc Michael Lightfoot, certified legal intern, counsel fo Anne MacDonald-Fox, Esquire, Family Law Clinic ./Corey R. Erdenbrack, pro se 3391 Druck Valley Road York, PA 17402 CO"JI maI LECL U-j Cc'; _,_ © cl? N u ASHLEY M. TRAYER, Plaintiff V. COREY R. ERDENBRACK, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3204 CIVIL ACTION - LAW 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Zachary Marcaus Trayer October 15, 2007 Mother Sabrina Marie Trayer July 10, 2004 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, Corey R. Erdenbrack, pro se. 3. The parties agreed to an Order in the form as attached. Date OJ'accAeline M. Verney, Esquire 44 Custody Conciliator