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HomeMy WebLinkAbout06-6560?w r MARK F. BAYLEY, ESQUIRE BAYLEY & MANGAN 57 WEST POMFRET STREET CARLISLE PA 17013 (717) 241-2446 ATTORNEY ID NO. 87663 ATTORNEY FOR PLAINTIFF Gregory J. Trayer, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYL V. CIVIL ACTION - LAW Faith D. Trayer, No. 06 - 1- s6 0 CIVIL Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Gregory Trayer, residing at 371 Trayer Lane, Carlisle, Cumberland G Pennsylvania 17013. 2. The defendant is Faith Trayer, residing at 299 Greason Rd., Carlisle, Cumberland Co Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Christian Thomas Trayer 299 Greason Rd. 11-9-01 5 yrs. Carlisle, PA 17013 The child was not born out of wedlock The child is presently in the custody of Faith Trayer, residing at 299 Greason Rd., Ca Cumberland County, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the addresses: List All Persons List All Addresses Dates Faith D. Trayer 299 Greason Rd. 10-28-06 to prese Carlisle, Pa 17013 OF [ANIA 4. 5 6. 7 8 9. Gregory & Faith 371 Trayer Lane birth to 10/28/06 Trayer Carlisle, PA 17013 The mother of the child is of Faith Trayer, residing at 299 Greason Rd., Carlisle, Cu County, Pennsylvania 17013. She is married. The father of the child is Gregory Trayer, residing at 371 Trayer Lane, Carlisle, County, Pennsylvania 17013. He is married. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons. Name Self Relationship The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons. Name Christian Trayer Timothy Armold Relationship Son Son Plaintiff has not participated as a parry or witness, or in another capacity, in other litil concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical c stody of the child and claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the re ief request because: A structured Custody Order will assist the parties to better manage their times of and care of the child. WHEREFORE, Plaintiff requests this Court grant Plaintiff and Defendant physical times it deems to be in the best interest of the Child. Date: I Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Esquire 57 W. Pomfret Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff at Gregory Trayer, Plaintiff V. Faith Trayer, Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PEI CIVIL ACTION - LAW No. 06 - CIVIL IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to falsification to authorities. 3 OF VANIA false 1 r? !") W - a GREGORY TRAYER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-6560 CIVIL ACTION LAW FAITH TRAYER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 16, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 21, 2006 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. All children age five or older may also be present at the conference. 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/ Hubert X. Gilroy, Es q. n v(\ 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 h4w 0 /V- -20,)r. // f49 i?p Awl JIT 91 -011 1 " 1 Z A 0 N S?UlZ ?ci a - F'P 0 5 2007? GREGORY TRAYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW FAITH TRAYER, : NO. 06-6560 Defendant : IN CUSTODY COURT ORDER AND NOW, this 9 ay of February, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. of the Cumberland County Courthouse on the day ofJtAq- , 2007 at ?3.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following TEMPORARY Custody Order is entered: a. The father, Gregory J. Trayer, and the mother, Faith D. Trayer, shall enjoy shared legal custody of Christian Thomas Trayer, born November 9, 2001. b. Physical custody shall be handled consistent with the status quo which is father having custody during the day on Monday, Wednesday and Friday and father also having overnight custody on alternating weekends from Friday through 5 Sunday evening. Mother shall have custody of the minor child during all other times. BY THE COURT, Judge cc: Mark F. Bayley, Esquire Jessica Holst, Esquire Xy? b r 6 -7 F:\FTLES\DATAFILE\General\Cu ent\12321\Trayer v Trayer report and order W. , _ ;' ;11-4 GREGORY TRAYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW FAITH TRAYER, : NO. 06-6560 Defendant : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Christian Thomas Trayer, born November 9, 2001. 2. A Conciliation Conference was held on February 2, 2007, with the following individuals in attendance: The father, Gregory Trayer, with his counsel, Mark F. Bayley, Esquire and the mother, Faith D. Trayer, with her counsel, Jessica Holst, Esquire. 3. The parties have been separated since October 2006. The existing custody situation is mother having primary physical custody and father having custody during the day on Monday, Wednesday and Friday and on alternating weekends overnight. 4. Father is asserting a claim for primary physical custody. He suggests he is disabled and home during the day and available to take care of the minor child. The mother suggests that she should continue to have primary physical custody based upon a variety of factors. The parties 1 ' are unable to reach an agreement and a hearing is required. The Conciliator recommends an Order in the form as attached. DATE: February 5, 2007 irlubert X. ilroy, Esquire Custody nciliator MARK F. BAYLEY, ESQUIRE BAYLEY & MANGAN 57 W. POMFRET STREET CARLISLE PA 17013 (717) 241-2446 ATTORNEY ID NO. 87663 ATTORNEY FOR PLAINTIFF Gregory Trayer, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Faith Trayer, No. 06 - 6560 CIVIL. Defendant IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes Gregory Trayer, by and through his attorney, Mark F. Bayley, Esquire, and in support of the within motion avers as follows: 1. The above-captioned case has been scheduled for trial on May 7, 2007 at 1:30 PM. 2. Based on various factors, the parties have agreed to continue trial into the summer. Wherefore, the parties respectfully request the court to continue the trial currently scheduled for May 7, 2007 to August 1, 2007. Respectfully submitted, BAYLEY & MADMAN ? Date: UL? -0-7 Mark F. Bayley, Esqu' e 57 W. Pomfret St.. Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff Gregory Trayer, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Faith Trayer, No. 06 - 6560 CIVIL Defendant IN CUSTODY VERIFICATION MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Plaintiff, Gregory Trayer, in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Mark F. Bayley, Es ,qjlire 1 11 Gregory Trayer, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Faith Trayer, No. 06 - 6560 CIVIL Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff, Gregory Trayer, do hereby certify that I this day served a copy of the Motion For Continuance upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jessica Holst, Esquire MidPenn Legal Services 401 East Louther St., Suite 103 Carlisle, PA 17013 Dated: 1? --97 Mark F. Bayley, Esqui Attorney for Plaintiff 1 MAY 0 4 2M7 Gregory Trayer, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Faith Trayer, No. 06 - 6560 CIVIL Defendant IN CUSTODY ORDER OF COURT ih AND NOW, this day of M , 2007, trial regarding the above- captioned matter currently scheduled for May 7, 2007 is hereby continued to the 1st day of Ausust, 2007, at 9:00 o'clock, am, in Courtroom #5 of the Cumberland County Courthouse. By the Court: ?-A I \kj. cc: /essica Holst, Esquire ;s-4ark F. Bayley, Esquire 8C :8 L- W LOOZ ,k? ?.C -N",", ?'-'-' :a` __'Hi . O S GREGORY TRAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW FAITH TRAYER, NO. 06-6560 Defendant IN CUSTODY STIPULATION The undersigned parties hereby agree to the following stipulation being entered as an order of court with regard to their minor child, Christian Trayer, born November 9, 2001: 1. Mother and Father shall share legal custody. 2. Mother and Father shall share physical custody as follows: a. Father shall have physical custody every other Friday to Sunday at 4:00 p.m. b. Father shall have physical custody every Wednesday at 8:00 a.m. until Thursday at 5:00 p.m. C. Father shall have physical custody every Monday, Tuesday, Thursday and Friday from 8:00 a.m. until 5:00 p.m. d. Mother shall have physical custody at times not indicated above. 3. The child shall attend school commencing in August of 2007 at Crestview Elementary. 4. The parties shall share holidays as agreed upon. 5. Neither party shall consume alcohol during their periods of physical custody; neither party shall consume unlawful drugs at any time. 6. The parties agree to withdraw the request for trial currently scheduled for Mark F. Bayley, squire Attorney for Gregory Trayer q(W Faith Trayer August 1, 2007. 9i G o 5 JUL 3 0 2001 #IV GREGORY TRAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW FAITH TRAYER, NO. 06-6560 Defendant IN CUSTODY ORDER OF COURT _SJ\ 3 And now, this 1 , 2007, based upon day of stipulation by the parties it is hereby ordered as follows: 1. Mother and Father shall share legal custody. 2. Mother and Father shall share physical custody as follows: a. Father shall have physical custody every other Friday to Sunday at 4:00 p.m. b. Father shall have physical custody every Wednesday at 8:00 a.m. until Thursday at 5:00 p.m. C. Father shall have physical custody every Monday, Tuesday, Thursday and Friday from 8:00 a.m. until 5:00 p.m. d. Mother shall have physical custody at times not indicated above. 3. The child shall attend school commencing in August of 2007 at Crestview Elementary. 4. The parties shall share holidays as agreed upon. 5. Neither party shall consume alcohol during their periods of physical custody; neither party shall consume unlawful drugs at any time. 6. The trial currently scheduled for August 1, 2007 is cancelled. CC. ??essica Bayley, Esquire Holst, Esq i BY THE COURT, ?J VINVAIASINN?d kLNf?i)^ ,fit ,,_, H Grano 9 S =6 Wv ! c in LOOZ AUViONOHIOdd 3Hi JO GREGORY TRAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW FAITH TRAYER, NO. 06-6560 Defendant IN CUSTODY STIPULATION The undersigned parties hereby agree to the following stipulation being entered as an order of court with regard to their minor child, Christian Trayer, born November 9, 2001: 1. Mother and Father shall share legal custody. 2. Mother and Father shall share physical custody as follows: a. Father shall have physical custody every other Friday to Sunday at 4:00 p.m. b. Father shall have physical custody every Wednesday at 8:00 a.m. until Thursday at 5:00 p.m. C. Father shall have physical custody every Monday, Tuesday, Thursday and Friday from 8:00 a.m. until 5:00 p.m. d. Mother shall have physical custody at times not indicated above. 3. The child shall attend school commencing in August of 2007 at Crestview Elementary regardless of the overnight arrangements as set forth above. The parties shall ensure that the child arrives to school on time. 4. The parties shall share holidays as agreed upon. 5. Neither party shall consume alcohol during their periods of physical custody; neither party shall consume unlawful drugs at any time. 6. The parties agree to withdraw the request for trial currently scheduled for August 1, 2007. Mark F. Bayley, Esquire Attorney for Gregory Trayer tAst, Esquire for Faith Trayer la=ithTrayer ?y ?` r°' c" ? ..,.. t 41 ??„ K,.. v .i ?".' 4 5 - ?7 .,.. „? 4 ' . ? ? ? ? ? ? ? '?'.'? ? • V AUG 0 32INI)0 GREGORY TRAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW FAITH TRAYER, NO. 06-6560 Defendant IN CUSTODY ORDER OF COURT r th And now, this 6 day of A Q A y s ? , 2007, based upon stipulation by the parties it is hereby ordered as follows: 1. Mother and Father shall share legal custody. 2. Mother and Father shall share physical custody as follows: a. Father shall have physical custody every other Friday to Sunday at 4:00 p.m. b. Father shall have physical custody every Wednesday at 8:00 a.m. until Thursday at 5:00 p.m. C. Father shall have physical custody every Monday, Tuesday, Thursday and Friday from 8:00 a.m. until 5:00 p.m. d. Mother shall have physical custody at times not indicated above. 3. It is directed that the child shall attend school commencing in August of 2007 at Crestview Elementary regardless of the overnight arrangements as set forth above. The parties shall ensure that the child arrives to school on time. 4. The parties shall share holidays as agreed upon. 5. . Neither party shall consume alcohol during their periods of physical custody; neither party shall consume unlawful drugs at any time. 6. The trial currently scheduled for August 1, 2007 is cancelled. CC. Mark Bayley, Esquire Jessica Holst, Esq. BY THE COURT, J. kNi ?C ; z 1i l? 9Z,:6 Y 9-- OnV LQOZ AWONvHiu?d 3HI JO D311,10-0311i