HomeMy WebLinkAbout04-0787 In Chv COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In re: Estate of Sabrina Marie Trayer, : No. O.C. 2004
a Minor :
PETITION OF THOMAS N. TRAYER and LINDA J. TRAYEI~J
TO BE APPOINTED CO-GUARDIANS OF A MINOR ~'~
Come now- Thomas N. Trayer and his wife, Linda J. Trayer, by their counsel -ffursuant to the
provisions of Rule 12.5 of the Rules of the Orphans' Court of Cumberland County, and respectfully
submit this application for appointment of guardians of the person ora minor child, representing as
lbllows:
1. The name, address and age of the minor are as follows: Sabrina Marie Trayer, 3902
Trayer Lane, Mechanicsburg, PA 17050, bom July 10, 2004. The mother of Sabrina is Ashley Marie
Trayer, who is also a minor. Her birthday is August 9, 1987. The father's name and address are:
Cory Erdenbrack, 3391 Druck Valley Road, York, PA.
2. Petitioners, Thomas N. Trayer and Linda J. Trayer, his wife, are the natural
grandparents of Sabrina, xvho is under the age of fourteen, on whose behalf this petition is being
filed. They are also the parents ofAshley Trayer, the baby's mother. All of these persons live at
3902 Trayer Lane, Mechanicsburg, PA 17050.
3. The minor's mother, Ashley Trayer, consents to the petition, as reflected in her
attached consent, Exhibit A. The father's consent is not attached. It is believed that he is 15 years
old. it is also believed that he is currently in prison in York County, PA, for offenses unrelated to
the present matter.
4. It is necessary for gmardians to be appointed tbr Sabrina because her natural mother
is not of age, and the petitioners are the next closest relatives. Both Sabrina and Ashley live with
the petitioners.
5. Thomas N. Trayer is 51 years of age. Linda Trayer is 52 years of age. As stated
above, Thomas and Linda Trayer are the g andparents of Sabnna.
6. There is no known adverse interest of the proposed guardians to the minor, nor does
thc minor at present have any estate.
7. Petitioners are members of Shiremanstown United Methodist Church,
Shiremansto;vn, PA, which is part of the CtMstian religion. Ashley Trayer is also a member of this
church.
8. The petition is not for the appointment of a guardian of the estate of the minor,
because the minor has no estate.
The minor is not entitled to receive any money as a party to any action or proceeding
in any court.
10.
The minor is not a child of a veteran, hence no notice has been given to the United
States Veterans' Administration.
11. The proposed guardians' written consent to the appointment is attached hereto as
Exhibit B.
12. Because the minor is not over the age of fourteen, her appearance in court is not
required.
13. There is attached hereto as Exhibit C a statement of the proposed guardians with
respect the information required by Rule 12.5-2.
14. Petitioner, Linda J. Trayer, will be the primary caregiver for Sabrina on a day-to-day
basis. She is a housewife. Petitioner, Thomas N. Trayer, has been employed by the Commonwealth
of Pem~sylvania since 1984, and works for the House of Representatives. Ashley Trayer is a senior
at Cumberland Valley High School.
Wherefore, Thomas N. Trayer and Linda J. Trayer, respectfully request that this petition tbr
appointment of co-guardians of the person of Sabrina Marie Trayer be granted.
Thomas N. Trayer and Linda Trayer
S. Berne Smith, Esq., Counsel tbr Petitioners
107 N. 24th Street
Camp Hill, PA 17011-3602
Supreme Cou~ iD ~ 07254
717-737-6789
UNSWORN VERIFICATION
I verify that the statements made in the above Petition are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to penalties of Section 4904 of the Crimes Code, 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
Dated this / ~ day of August, 2004
Linda J. Trayer
In the COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
Pctlt~c,n nn~ci' Rnlz 12.5 for : No. O.C. 2004
At, puh, t ...... t of Cuar~an~ for :
thc Pcrsc, n c,f a Minor :
CONSENT OF ASHLEY MARIE TRAYER, MOTHER OF THE CHILD, TO THE
APPOINTMENT OF THE PROPOSED GUARDIANS
I am Ashley Marie Trayer, and I am the Mother of Sabrina Marie Trayer in whose interest
the Petition for Appointment of Guardians has been filed. I mn 17 years old. The proposed
guardians are my parents, Thomas N. Trayer and Linda Trayer, with whom Sabrina and I live.
Because I am not of age it is necessary for Sabrina to have guardians appointed for her best interests.
Consequently, I hereby indicate my consent to the Petition and ask the Court to approve the
appointment of my parents as guardians of the person of my daughter, Sabrina Marie Trayer.
Ashley Marie Trayer {.
UNSWORN VERIFICATION
I verify that the statements made in the above consent are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to penalties of Section 4904 of the Crimes Code, 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
Dated this /3 day of August, 2004
y Marie Tra ~r~
EXHIBIT A
in re:
In the COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
P~t:'t:'sn '-'ha-st R'-'!: !2.5 fsr : No. O.C. 2004
t .......... c,f a Minor :
CONSENT OF THOMAS N. TRAYER AND LINDA J. TRAYER TO BE APPOINTED
GUARDIANS OF SABRINA MARIE TRAYER
We are Thomas N. Trayer and Linda J. Trayer, grandparents of Sabrina Marie Trayer in
whose interest a Petition for Appointment of Guardians has been filed. We are the parents of Ashley
Marie Trayer, Mother of the child. We have initiated the filing of the Petition for Appointment of
Guardians of the person of Sabrina, and by this declaration hereby submit this written consent to
being appointed guardians of the person of Sabrina Marie Trayer.
Therefbre, we respectfully request the Court to approve our appointment as guardians of the
person of Sabrina Marie Trayer.
Dated this /.'~ day of August, 2004.
Linda J. Trayer :~ '
EXHIBIT B
In the COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
Pe:-"::'~n '-'n~er ?.:'!e 12.5 for : No. O.C. 2004
AF~'.'n'...'nen: :f C'.:'x:'~:'an: for :
tke Persen af a Minor :
STATEMENT OF THOMAS N. TRAYER AND LINDA J. TRAYER WITH RESPECT
TO THE INFORMATION REQUIRED BY RULE 12.5-2
We are Thomas N. Trayer and Linda J. Trayer, and we have initiated the filing of a Petition
for Appointment of Guardians of the person of Sabrina Marie Trayer, our grandchild. The tbllowing
is the infbrmation required to be attached to the Petition pursuant to Rule 12.5-2:
i, The proposed guardians are both individuals who are citizens of the United States of
America and are able to speak, read and write the English language.
2. The proposed guardians, and the minor, Sabrina Marie Trayer, reside in the same
household; and it is not the intention of the guardians to apply for an allowance for the support or
education of the minor during minority.
3. The proposed guardians are not the Fiduciary or an officer or employee ora corporate
Fiduciary of an estate in which the minor has an interest nor the surety or an ofricer or an employee
of the corporate surety of such a Fiduciary. The proposed guardians have no interest adverse to the
minor.
Dated this /.~ day of August, 2004.
( q~omas N. Trayer
L~nda J. Trayer/~ - ,/
EXHIBIT C
In re:
In the COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
Estate of Sabrina Marie Trayer, : No. O.C. 2004 ~ 'l
a Minor :
AUB 2 3
PETITION OF THOMAS N. TRAYER and LINDA J. TRAYER
TO BE APPOINTED CO-GUARDIANS OF A MINOR
ORDER OF COURT
AND NOW, this t~ ~ i~ day of ~ ti. S'7/'' ,2004, IT IS ORDERED THAT
a hearing shall be held on the /'/t'i~l day of~~L, 2004, with respect to the
...... , .... ,~'~/0 :.O0 ,et,
Petition of Thomas N. Trayer and Linda J. ~rayer ro oe appointea co-guammns ot ~tle person of
Sabrina Marie Trayer, their minor granddaughter~ an&t! -* ~ tho hoo~;.,g ,ho;~ potltlcm to, ho
.......
Judge
L~'L:Z',_] LZ gFJV t?O.
IN THE COUR? OF OOHHON PLEAS
OF CUHBERLAND COUNTY, PENNSYLVANIA
ORPHANS~ COURT DIVISION
IN RE: ESATE OF SABRINA MARIE TRAYER, : NO. O.C. 2004-787
a Minor :
IN RE: PETITION TO APPOINT CO-GUARDIANS OF A HINOR
ORDER OF COURT
AND NOW, this 4th day of October 2004, it
appearing that the natural father was net served a copy of
the petition nor was he informed of the time and place ef
today's hearing, this matter is continued te November 1,
2004, at 1:30 p.m. Hearing on the petition shall be held at
that time in Courtroom No. 5 of the Cumberland County
Courthouse, Carlisle, Pennsylvania. The petition and this
order shall be served upon the natural father at least ten
days prier to said hearing.
Edward E. Guide, J.
S. Berne Smith, Esquire
For the Petitioners
Court Administrator
:mlc
S. BERNE SMITH
Attorney-at. Law
107 N. 24~' Street
Camp Hill, PA 17011-3602
PHONE: (717) 737-6789
FAX: (717) 737-6783
In re: Estate of Sabrina Marie Trayer,
a Minor
Ms. Glenda Farner Strasbaugh
Clerk of Orphans' Court
Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
: No. O.C. 2004-787
October 25, 2004
Dear Ms. Strasbaugh:
On October 13, 2004, we requested the Office of the Sheriff of Cumberland County to make
service on Cory Erdenbrack, the natural father of Sabrina Trayer. This has now been accomplished
by the York County Sheriff's Office. Because I have been told it may take several weeks for the
return to be made by mail, I requested the York County Sheriff to fax me a copy of the return. I
received the fax today.
A copy of the return is enclosed. It indicates that service was made on Cory Erdenbrack at
the Paradise School for Boys on October 20, 2004. Please see that this information is noted in the
file. A hearing is presently scheduled for November 1, 2004, before Judge Guido.
Thank you for your assistance in progressing this matter.
Enclosure:
Sincerely yours,
S. Berne Smith
Mr. and Mrs. Thomas N. Trayer (w/Enc.)
g
OFFICE OF THE SHERIFF ,~..,c~ c..~L,.,.~,,,_~.,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
ESATE OF SABRINA MARIE TRAYER, : NO. O.C. 2004-787
a Minor :
IN RE: PETITION TO APPOINT CO-GUARDIANS OF A MINOR
ORDER OF COURT
AND NOW, this 1st day of November, 2004, after
hearing, Thomas N. Trayer and Linda J. Trayer are appointed
co-guardians of the person of Sabrina Marie Trayer, their minor
granddaughter.
Edward E. Guido, J.
S. Berne Smith, Esquir-e"~
For the Petitioners
Cory Erdenbrack, father
3391 Druck Valley Road
York, PA 17401
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-00787 O
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TRAYER SABRINA MARIE A MINOR
VS
ERDENBRACK CORY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named RESPONDENT
OCCUPANT
but was unable to locate Him
deputized the sheriff of YORK
Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
, to wit:
in his bailiwick.
County,
serve the within ORDER AND PETITION
He therefore
Pennsylvania, to
On November 30th , 2004 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
ii/30/2004
S BERNE SMITH
So answers.
R. ~Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~ day of~
Clerk of Orhans~i~
SHERIFF'S RETURN
CASE NO: 2004-00787 0
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TP~AYER SABRINA MARIE A MINOR
VS
ERDENBRACK CORY
- OUT OF COUNTY
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named RESPONDENT to wit:
ERDENBP~ACK CORY
but was unable to locate Him in his bailiwick.
deputized the sheriff of YORK County,
serve the within ORDER AND PETITION
He therefore
Pennsylvania,
to
On November 30th , 2004 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep York County 52.00
.00
89.00
Ii/30/2004
S BERNE SMITH
So answers:
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this _~ day of~,~
~Oo,~ A.D.
Clerk of Orhans Co~r~.
COUNTY OF YORK
OFFICE OF THE SHERIFF
45 N. GEORGE ST.,YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
I PLAINTiFF/S/
In Re:
3 DEFENDANT/S/
SERVICE CALL
(717) 771-9601
SERVE {_
Estate of Sabrina Marie Trayer, a minor
Cory Erdenbrack
2 ×
-- 4. TYPE OF WRIT OR COMPLAINT
~7~x~x pet ~ ORDER
5 NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
Cory Erdenbrack
6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO., CITY, BORO, TWP, STATE AND ZIP CODE)
AT Par~dJ. se School for Boys 6156 West Canal Roed Abbottstown, PA 17301 (BA.4D)
7 INDICATE SERVICE: Q PERSONAL n PERSON IN CHARGE ~ DEPUTIZE ~J._~C_~E?,_T:~_ IL__ = [-) 1 ST CLASS MAIL U POSTED r.j OTHER
NOW October lb ,20 I, SHERIFF OFY4/~ COUNTY, PA. do hereby deputize the sheriff of
York
to law. This deputization being made at the request and risk of the plaintiff.
SHERIFF OF ~ COUNTY
SPECIAL tNSTRUCTIONS OR OTHER INFORMATION THAT W1LL ASSIST IN EXPEDITING SERVICE
Hearing date is Nov~nber 1, 2004
Please mail return of service to C~nberland County Sheriff.
Thank you.
¥ deputy sheriff levying upon o¢ =tt=~l ,~,~ any p.v~[~ under within writ may leave same
S.,'V'~J~>~,~.,~ SHITH 107 N. 24th ST. CAMP HILL PA 17011 $ 737-6759 10-13-04
CUHBERLAND CO SHERIFF
R. AHRENS
16 HOWSERVED PERSONAL( ) RESIDENCE( ) POSTED( ) POE( )
14. DATE RECEIVED
10-1~-04
SHERIFF'S OFFICE ( ) OTHER ( )
SEE REMARKS BEL)W
17 [3 t he~ Ce~ and return a/NOT FOUND because I am unable to locate the individual, oompeny, etc named above. (See remart<s below.)
! 8. NA.MF./K~D TITLE OF I~/I~JA~S~D I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Retation~p ~o Oe~endant) I 19. Dat¢y of S. erv~e r 20 Time of Service
22 REMARKS:
50 I ACKNOV~EDGE RECENT OF THE SHERIFF*S RETURN SIGNATURE I 51 DATE RECEIVED
OF AUTHORIZED ISSUING AUTHORITY AND TITLE
~ V~ilTE.IlsumgAullx3~y 2. PINK-Attorney 3. CANARY-She~iffsOffice 4 BLUE-St~en~sOffice
cou.Ty OF YORK ~7
OFFICE OF THE SHERIFF
(717) 771-9601
45 N. GEORGE ST.,YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
PLAINTIFF/S/
In Re:
DEEENDAN?/S/
SERVE
2. COURT NUMBER 0.C. 2004-787
Estate of Sabrina Marie Trayer, a minor
Cory Erdenbrack et al & Or~er
$ NAME OF INDIVIDUAL COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
Occupant/Person in Charge
6. ADDRESS (STREET OR RFO W1TH BOX NUMBER, APT NO., CITY. BORO. TWP, STATE AND ZIP CODE)
AT 3391 Druck Valley Road York, PA
7 INDtCATE SERVICE: (~ PERSONAL L~ PERSON IN CHARGE Jl~ DEPUTIZE ,.~,~,~C F~R~T_I~J I. ~ U 1ST CLASS MAIL LI POSTED ~ OTHER
NOW . .October 15, ,20 041, SHERIFF OF ~ COUNTY, PA...do hereby depu. tiz~ the sheriff of
__ __ __ COUNTY to execut~m...,.~q.r~etu~'~a.q,cording
to law. This deputization being made at the request and risk of the plaintiff.
SP~CL~L INSTRUCTIONS OR OTHER iNFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE
Hearing is Nov~nber 1, 2004
Please mail return of service to Cumberland County Sheriff. Thank you.
9. ~ I~IE a~d ADDRESS of AI'rORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED
S. BERNE SMITH 737-6789 10-13-04
t2 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: {This area must be completed d nobce is to be malted
16. HOW SERVED: PERSONAL
R. AHP, F~N~
RESIOENCE(V~' POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( )
SEE REMARKS BELOW
2, A~'E~t"]T"'~IM'~I I~t I~,~.lT,m*l~,.,I ,.t I~..~lT,melMi~l .~. Io.tolT',..Iuim, I ~nt. IoatolTimelMim, l mt IDatelTimelMllesl Im
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