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Home My WebLink About08-6796CONNIE S. SALISBURY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, C L[' V. NO. 76 THOMAS M. TRAYER, Defendant. : CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND 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 days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections 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 judgment may be entered against you by the court without further notice for any money claimed in the complaint of for any other claim or relief requested by the plaintiff. 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 OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Court Administration 4t' Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 JAIME D. WASSMER, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax jwassmer@robinson-geraldo.com CONNIE S. SALISBURY, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. O$ -- 1-19 C"X-7-6Zn THOMAS M. TRAYER, : CIVIL ACTION - LAW . Defendant. COMPLAINT FOR CUSTODY Plaintiff, Connie S. Salisbury, by and through her attorney Jaime D. Wassmer, Esquire, and the law firm of Robinson & Geraldo, respectfully requests the following: 1. Plaintiff is Connie S. Salisbury, an adult individual and the natural Mother who currently resides at 33 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Thomas M. Trayer, an adult individual and the natural Father residing at 420 S. High Street, Mechanicsburg, Cumberland, Pennsylvania 17055. 3. Plaintiff seeks primary physical custody of Jeremy Trayer, born August 4, 2000, who currently resides at 33 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania 17025, with Plaintiff. The child was born out of wedlock. 4. The child is presently in the custody of Plaintiff. 5. During the past five years, the child has resided with the following persons at the following addresses: Name Address Dates Mother 33 Susquehanna Ave., Enola, PA 1/2003 to present 6. 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. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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. 9. The best interest and permanent welfare of the child will be served by awarding primary physical custody to Plaintiff who has been the child's primary caretaker since the child's birth. 10. Defendant has not had any contact with the child his entire life and only made contact for the first time with the child on November 1, 2008. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant Custody to Plaintiff. Respectfully submitted, ROBINSON & GERALDO By*e. ----?,- mer, Esquire Attorney for Plaintiff VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. rc4n Connie S. Salisbury tV W 1 zV tr?rs 1} J co 0 C --i "t7 C:t CA) T 9-n t? +,arn 9 CONNIE S. SALISBURY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS M. TRAYER 2008-6796 CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, November 21, 2008 , 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, December 18, 2008 _ 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. 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. Sunda 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 j .. A? I ! ? - ?'!S i?J ?r i I JAIME D. WASSMER, ESQUIRE Attorney I.D. No. 200705 Robinson & Geraldo, P.C. 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717)232-8525 Fax (717)232-5098 jwassmer@robinson-geraldo.com CONNIE S. SALISBURY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS M. TRAYER, Defendant. : NO. 2008-6796 : CIVIL ACTION CUSTODY PROOF OF SERVICE The undersigned makes the following return of service: the Order for Custody Conciliation Conference was served upon Thomas M. Trayer on December 4, 2008 at 420 South High Street, Mechanicsburg, Cumberland County, Pennsylvania. The signed acceptance of service is attached hereto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Jaime D. Wassmer, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service 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 falsfication to authorities. Respectfully submitted, ROBINSON & GERALDO Dated: December 8, 2008 By:.( Lo Ja' e D. Wassmer, Esquire Attorney for Plaintiff ` • II ¦ Complete items 1, 2, and 3. Also complete Derr! 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. • Attach this to the back of the mallpiece, or on the imR if space permits. 1. Article Addressed to: ?omas l?l - Taber' ? S• 1?r9h sfr? ?- M-ec-haniC-sbWq , fa Signature ? Agent X dre B. Received by (Printed Name) CD4of F41 D. Is delivery address different from Item 1? ( L;n Yes If YES, enter delivery address below: QUO 3. Service Type Q'CP ified Mail C3 EWVW Mail Ch'ReS?letered LSYRetum Receipt for Merchandin ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes 2. Article Number (Jfansferfrom swWatbw 7008 1140 0004 4438 1036 PS Form 3811, FONUNY 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATI RftU-;?, .,. ,...:! yzy . '--- s & aes Paid • Sender: Please print your name, address, and ZIP+4 in this box • ROBINSON & GERALDO Attorneys At Law P.O. Box 5320 Harrisburg, PA 17110 ll1111fill !!lI!l1 111!llllf}l!t'1!!l?lil?l!!!!1d/hi!!lfftl EXHIBIT is y °y'? Si= r DEC 2 2 200 1L/ CONNIE S. SALISBURY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-6796 CIVIL ACTION LAW THOMAS M. TRAYER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2009', upon consideration of the attached Custody Conciliation Report, it is or ered and directed as follows: 1. The Mother shall have sole legal custody of Jeremy Trayer, born August 4, 2000 until such time as the Father begins having overnight periods of partial custody with the Child in accordance with this Order. At that time, the parties shall share having legal custody of the Child. 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. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. 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 parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party 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 either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. Beginning on December 27, 2008, the Father shall have periods of visitation with the Child at the Mother's residence on alternating Saturdays, with the times to be arranged by agreement between the parties. After having four Saturday periods of visitation, the Father shall have partial custody of the Child, not restricted to the Mother's residence, on alternating Saturdays with the times to be arranged by agreement. After the Father has had regular periods of custody with the Child on Saturdays away from the Mother's residence, the parties shall cooperate in assessing the Child's readiness to begin spending overnight periods of custody on a gradual basis, with the ultimate goal of 9 a : Z I HIJ ko Z 3 3 0 2 G ? Z *rv;a_i? "?'? lid progressing to alternating weekends from Friday through Sunday. The parties shall implement such a gradually increasing partial custody schedule within a timeframe that will best meet the Child's needs and promote his emotional well-being. 4. After the Father's unrestricted periods of partial custody on Saturdays begins, the parties shall cooperate in discussing and establishing custody arrangements for holidays and vacation by agreement. 5. Within four months of the date of this Order, counsel for either party or a party pro se may contact the conciliator to schedule a follow-up conference if necessary to review the custodial arrangements. 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. 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: ''/J -me D. Wassmer, Esquire - Counsel for Mother Thomas M. Trayer - Father Es rn C'i I LL 1 ?,? 2?/DB BY THE COURT, ?n - 710 :Zj j CZ DHi CONNIE S. SALISBURY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-6796 CIVIL ACTION LAW THOMAS M. TRAYER 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 Jeremy Trayer August 4, 2000 Mother 2. A custody conciliation conference was held on December 18, 2008, with the following individuals in attendance: the Mother, Connie S. Salisbury, with her counsel, Jaime D. Wassmer, Esquire, and the Father, Thomas M. Trayer, who is not represented in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator MAR 1 6 2008 CONNIE S. SALISBURY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-6796 CIVIL ACTION LAW THOMAS M. TRAYER Defendant IN CUSTODY ORDER OF COURT AND NOW, this _ (A R _ day of U p e ? , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court is vacated and replaced with this Order. 2. The Mother shall have sole legal custody of Jeremy Trayer, born August 4, 2000 until such time as the Father begins having overnight periods of partial custody with the Child in accordance with this Order. At that time, the parties shall share having legal custody of the Child. 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. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each parry shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. 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 parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party 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 either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Child. 4. Beginning on Saturday, March 21, 2009, the Father shall have periods of visitation with the Child at the Mother's residence on Saturdays from 1:00 p.m. until 4:00 p.m. The visitation shall be limited to the Father and the Child. The Father shall notify the Mother at least two (2) days in advance if he is unavailable for a period of custody. Unless the Mother has received prior notice that the Father v will not be exercising his right to his period of custody, the Mother shall wait twenty (20) minutes from the time of the beginning of the period of custody before making other plans involving the Child. 5. The Father shall participate in the Child's counseling if recommended by the Child's counselor. 6. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on April 21, 2009 at 10:00 a.m. for the purpose of reviewing the custodial arrangements. BY THE COURT, lrj (Z?L J. )ffesley Oler, JrC` J. cc: ZT.me D. Wassmer, Esquire - Counsel for Mother /Thomas M. Trayer -Father 0,? 3jn/os AJIJNi` , ? I .C Wd L 18VW 60OZ CONNIE S. SALISBURY Plaintiff VS. THOMAS M. TRAYER Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-6796 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jeremy Trayer August 4, 2000 Mother 2. A custody conciliation conference was held on March 11, 2009, with the following individuals in attendance: the Mother, Connie S. Salisbury, with her counsel, Jaime D. Wassmer, Esquire. The Father, Thomas M. Trayer, who is not represented by counsel in this matter, did not attend the conference or contact the conciliator. The Mother's counsel advised that she had spoken with the Father by telephone on March 9, and at that time the Father was planning on attending the conference. 3. This was a follow-up conference scheduled pursuant to the prior Order of this Court dated December 18, 2008 which provided for a gradual reintroduction of the Father to the Child after several years without contact. The Mother expressed concern at the conference that the Child's behavior has drastically changed since the first period of visitation with the Father in that his grades have fallen significantly and his behavior has worsened. The Mother was contacted by the Child's teacher concerning possible causes of the change in the Child's demeanor and school performance. According to the Mother, the Child was extremely disappointed when the Father did not appear for planned visits. The Mother's counsel contacted the Father by telephone to facilitate arrangements for the Father to initiate contact. The Mother is now concerned that the Child may not get passing grades at school for the year in light of the problems he is experiencing as a result of the custodial issues. It should be noted that the Child's counselor contacted the conciliator to advise that the Child is a experiencing feelings of dejection and disappointment at the Father's failure to follow through with regular visitation as established at the initial conciliation conference. 4. Based on the foregoing representations of the Mother and her counsel at the conference and the fact that the Father did not attend the conference or contact the conciliator, the conciliator recommends an Order in the form as attached. --too Date Dawn S. Sunday, Esquik-J Custody Conciliator APR 2 4 2009( -ft CONNIE S. SALISBURY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-6796 CIVIL ACTION LAW THOMAS M. TRAYER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2009, upon _ 4 nr t- I consideration of the attached Custody Conciliation Report, it is rdered and directed as follows: 1. The prior Order of this Court dated March 16, 2009 is vacated and replaced with this Order. 2. The Mother shall have sole legal and primary physical custody of the Child. 3. The Father shall have periods of visitation with the Child at the Mother's residence with the Mother's consent and as arranged by agreement between the parties. 4. The parties shall follow the recommendations of the Child's counselor as to the Child's emotional well-being in connection with contact with the Father. 5. The Father may file a Petition with the Court at any time to schedule a custody conciliation conference to review the custodial arrangements if he so desires. Z.- (11c: e D. Wassmer, Esquire - Counsel for Mother Thomas M. Trayer - Father Co PIES 1K"_%ULeCL 27/1)? BY THE COURT, q -ft CONNIE S. SALISBURY Plaintiff vs. THOMAS M. TRAYER Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-6796 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jeremy Trayer August 4, 2000 Mother 2. A custody conciliation conference was held on April 21, 2009 as a continuation of the March 11, 2009 conference for which the Father did not appear. Both the Mother, Connie S. Salisbury, and her counsel, Jaime D. Wassmer, Esquire, attended this conference. However, the Father, Thomas M. Trayer, again did not appear for the conference or contact the conciliator. 3. This was a follow-up conference scheduled pursuant to the prior Order of this Court dated December 18, 2008 which provided for a gradual reintroduction of the Father to the Child after several years without contact. Again, the Mother expressed concern that the Father is not showing up for all of his scheduled visits and has exhibited behavior which has been detrimental to the Child's emotional well-being such as cancelling a visit due to illness and then saying, in the presence of the Child, that he attended a truck show on that date. According to the Mother, the Child's counselor has attempted to work with the Father in an effort to involve him consistently in the reintroduction process. 4. In light of the serious concerns expressed at the conference and the fact that the Father again did not appear for the scheduled conciliation conference or contact the conciliator, the conciliator recommends an order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator