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Home My WebLink About12-1789," .. ?d 11 i ;p P, 0 T Hs o TA 20 I^1J PENNS LVAN A Tv JOSHUA B. SMITH Plaintiff BETHANY TRAYER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. d' ?O 20 : Civil Term 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 (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Qv.OA 03.75 -f-A al V-?- a-7;Uy? METTE, EVANS & WOODSIDE Melissa L. Van Eck, Esquire Sup. Ct. ID No. 85869 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvaneck(- ,mette.com Attorneys for Plaintiff JOSHUA B. SMITH, Plaintiff V. BETHANY TRAYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. I `?- 17 $ °1 ??? I CIVIL ACTION - PATERNITY ?? AND NOW, this _eday of March, 2012, Plaintiff, Joshua B. Smith, by and through his undersigned attorney, Melissa L. Van Eck, Esquire, requests genetic testing to establish paternity pursuant to 23 Pa.C.S. §4343, and in support of that requests states that: 1. Plaintiff, Joshua B. Smith, is an adult individual who resides at 32 N. High Street, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant, Bethany Trayer, is an adult individual who resides at 112 Marbeth Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant is the natural mother, and Plaintiff believes that he may be the natural father of the following child: Myra Lynn Trayer, DOB 11/15/2011. 4. The above-named child resides with the Defendant at 112 Marbeth Avenue, Carlisle, Cumberland County, Pennsylvania. 5. Plaintiff believes that Defendant resides with the following persons: Megan Trayer Sister Tammy Trayer Mother Name Unknown Grandmother 6. Defendant was not married at the time the child was conceived or born. 7. Defendant is not now married. There is not a custody, support or other action involving the paternity of the above-named child now pending in any jurisdiction. 9. There has not been a determination by any court as to the paternity of the child in any prior support, custody, divorce, or any other action. 10. Plaintiff agrees to pay all costs associated with genetic testing directly to the testing facility in accordance with the procedures established by that facility. 11. Plaintiff is seeking confirmation of paternity by genetic testing so that he may protect and ensure his rights if it is property established that he is indeed the nature father of Myra Lynn Trayer. WHEREFORE, Plaintiff respectfully requests that this Honorable Court order Defendant to submit to genetic testing and to make the child available for genetic testing. Respectfully submitted, METTE, EVANS & WOODSIDE Melissa L. Van Eck, Esquire Sup. Ct. I.D. No. 85869 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorney for Plaintiff Date: ? I15I a VERIFICATION I, Joshua B. Smith, verify that the statements made in the foregoing Complaint to Establish Paternity and for Genetic Testing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 3 h / r2" Joshua B. Smith 553288v1 JOSHUA B. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BETHANY TRAYER, Defendant NO. 12-1789 CIVIL TERM IN RE: PETITION ORDER OF COURT AND NOW, this 290' day of March, 2012, upon consideration of the attached petition for genetic testing, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. r t RULE RETURNABLE within 20 days of service. BY THE COURT ~-' ti n? .vs r Christyle . Peck, J. Melissa L. Van Eck, Esq. 3401 North Front Street P.O. BOX 5950 Harrisburg, PA 17110-0950 Attorney for Plaintiff "/Bethany Trayer 112 Marbeth Avenue Carlisle, PA 17013 Defendant, pro Se :rc ?oP cis /Q•?c?.leel : IN THE COURT OF COMMON PLEAS Off, rl.) JOSHUA B. SMITH , AIRIA? Plaintiff : CUMBERLAND COUNTY, PENNSYLV ? ? VS. : CIVIL ACTION - LAW BETHANY TRAYER : NO. 12-1789 CIVIL TERM - ` Defendant ' c r>CZ, -' DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FILED MARCI!20 2012 AND THE COURT'S RULE TO SHOW CAUSE ISSUED MARCH 29, 2012 AND NEW MATTER/COUNTERCLAIM AND NOW, comes the Defendant, Bethany Trayer, by and through her attorney, Mark F. Bayley, and answers Plaintiffs Petition filed March 20, 2012 and the Court's rule to show cause issued March 29, 2012 and additionally submits the within new matter: (The Honorable Christylee L. Peck has been assigned to the within matter) 1. Admitted. 2. Denied. The Defendant Bethany Trayer (hereafter referenced as "Mother") has a mailing address / residence at 7 Pine Road, Apartment 503, Mount Holly Springs, Pennsylvania, 17065. 3. Admitted in part and denied in part. It is admitted that Mother is the natural mother of Myra Lynn Trayer; the remaining averment is denied based on the fact that Mother cannot confirm or deny what Plaintiff believes. 4. Denied. The child resides at 7 Pine Road, Apartment 503, Mount Holly Springs, Pennsylvania. 5. Denied. The child resides with Mother and Todd Flickenger. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. No response necessary (Mother objects to genetic testing). 11. No response necessary (Mother objects to genetic testing). NEW MATTER/COUNTERCLAIM ESTOPPEL 12. Previous paragraphs are incorporated herein. 13. Todd Flickenger is the father of the child pursuant to the doctrine of estoppel in that: a. Mr. Flickenger was present for the child's birth and is listed as father on the Carlisle Regional Medical Center Certificate of Birth (a copy is attached as "Exhibit A"). b. Mr. Flickenger has resided with the Mother and the child since her birth. C. Mr. Flickenger has held himself out to be the child's father since her birth. d. Mr. Flickenger has stable employment and has assisted in supporting the child financially since her birth. e. Mr. Flickenger has assisted in caring for the child's day-to-day needs since the child's birth. f. Mr. Flickenger has otherwise assumed the role of the child's father in all ways. 14. Plaintiff made no efforts to contact, support, or assume parental responsibility over the child until the filing of his petition on March 20, 2012. 15. Plaintiff has a felony criminal record, regularly consumes controlled substances, is unemployed, and is otherwise ill equipped to assume paternity of the child. 16. It is in the best interests of the child for Mr. Flickenger to maintain the paternal bond that has been firmly established. 17. Mr. Flickenger has already demonstrated his willingness and ability to properly parent the child and requests that his paternity be affirmed by the Court. 18. Under the circumstances and based upon the doctrine of estoppel the results of a paternity would be irrelevant and the request for such testing should therefore be denied. WHEREFORE, the Defendant respectfully requests that Plaintiffs petition be denied and that Todd Flickenger's paternity be affirmed. --- ? b --- I Z' Respectfully submitted, BAYLEY & 1"NGAN Mark F. Bayley, sqi 17 West South Street Carlisle, PA 17013 (717) 241-2446 Attorney I.D. #87663 V_ ?V V N E-1 G >r N a ? >4 d d N .r., A4 U .H F14 b ro 0 H 4 , 00 M O v o' v y? $4 0 z =1 U1 r- v h ? d ? v ?u JOSHUA B. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :CIVIL ACTION -LAW BETHANY TRAYER : NO. 12-1789 CIVIL TERM Defendant CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the Elam- C?p?sS t3s MAIL foregoing document upon the following by l ndRe4wery: Melissa L. Van Eck, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 Mark F. Bayley, Esqu re VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. za/W/??- D e ethan T yer JOSHUA B. SMITH, Plaintiff VS. BETHANY TRAYER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 12-1789 CIVIL TERM ORDER day of 2012, upon AND NOW, this review of the Defendant's answer to the Plaintiffs petition filed March 20, 2012, the Court 's rule to show cause issued March 29, 2012, and New Matter/Counterclaim, a 3CU '2012 at I = Am. in hearing is scheduled for Courtroom Number 5 of the Cumberland County Courthouse. BY THE COURT: Hon. Christy e L. Peck cc. '"' Melissa L. Van Eck, Esquire i r n -- t -c: rnm Mark F. Bayley, Esquire Codes ,a p -) ?Ci w JOSHUA B. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BETHANY TRAYER, CIVIL ACTION - LAW Defendant NO. 12-1789 CIVIL TERM IN RE: PATERNITY ORDER OF COURT AND NOW, this 30th day of May, 2012, after having had a hearing in this matter, the evidence is hereby closed and this matter is taken under advisement. Pursuant to an agreement of the parties, both parties to this case will provide memorandums of law on the issue of estoppel to this Court by June 15th, 2012. This Court shall reserve ruling on the petition until after the receipt of the memorandums of law by counsel. By the Court, Christyle' L. Peck, J. Melissa L. Van Eck, Esquire For the Plaintiff Mark F. Bayley, Esquire For the Defendant :lfh JOSHUA B. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW BETHANY TRAYER, Defendant NO. 12-1789 CIVIL TERM IN RE: PETITION ORDER OF COURT AND NOW, this 256' day of June, 2012, upon consideration of Plaintiff s petition, Defendant's answer thereto, Defendant's new matter/counter claim, the testimony from both parties under oath at trial, and the memoranda of law submitted by both parties, this Court finds that there was access at the time of conception, followed by the birth of the child, and that, therefore, Plaintiff has established paternity by a preponderance of the evidence. This Court further finds that the facts do not give rise to a claim of estoppel. IT IS HEREBY ORDERED AND DIRECTED as follows: 1. Plaintiff's petition for genetic testing to establish paternity pursuant to 23 Pa. C.S.A.§4343 is hereby GRANTED. 2. Defendant's new matter/counterclaim for estoppel is hereby DENIED. BY THE COURT, ? Melissa L. Van Eck, Esq. 3401 North Front Street Harrisburg, PA 17110-0950 Attorney for Plaintiff Christylee . Peck, J. r-n ? Mark F. Bayley, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant 4X6 w , ?Pd U?as??-k