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HomeMy WebLinkAbout00-03644 '1- _ ._~ ',d-- J-' ."0 Detweiler-s~amens Change of name Petition scn/adop IN THE ~TTER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE CHANGE OF NAME OF MICHAEL EUGENE KLAHOLD NO. aJ-<3cPt/tI CatJ ORDER OF COURT AND NOW, this ~, day of ~ ()./ , 2000, upon motion of STEVE C. NICHOLAS, ESQUIRE, attorney for Petitioner. it is hereby ORDERED and DECREED that the within Petition For Change Of Name shall be heard on the J/itJI day of flu. ~~ , 2000, at cr',O() o'clock a. .m. in couriroom Number ~ ,Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED that notice of the filing to the Petition For Change Of Name and of the aforesaid date of hearing shall be published in the Cumberland Law Journal and The Sentinel at least one week prior to the date set for hearing. BY THE C;~l J. ~Y /' . --\' \ -00 t ~ V ~~~ . '-,' 1I,_I_~,~)!l!!I H~H~ > ll!_;"c<::o"~~;,,,'I-~ ~~,,"t ., - , j<.".~T!\':N J1 ~::-: :? 2 I. j-j l: S ! CLh\';~.'.,.:y-' i."jjU[~TY FEi'lr(SYLVANI.4 ..~__. rn ",~_H " _~,1:,r:~"~~~~~~~~"7 ,:>",.." "~ ~ ~ , ~ ~ 1"' . ~ ,- , " ~"4if~rt, IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENNSYLVANIA THE CHANGE OF NAME OF NO. MICHAEL EUGENE KLAHOLD ORDER OF COURT AND NOW. this day of 2000, following hearing on the Petition For Change Of Name filed herein by MICHAEL EUGENE KLAHOLD, wherein Petitioner presented proof of publication as set forth in the Order of Court dated the day of 2000, and proof of searches of the Cumberland County records by the Prothonotary and Recorder of Deeds, and finding no lawful objection to the granting of the prayer of said Petition, IT IS HEREBY ORDERED and DECREED that the prayer of the said Petition is granted and Petitioner shall hereafter be known as MICHAEL EUGENE SCHAMENS. BY THE COURT: J. ,,," .,- , ;-'~-' . - ,~-~, ,". IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. fi1J - 3 Vf'f (i;;;...e I..w- THE CHANGE OF NAME OF MICHAEL EUGENE KLAHOLD PETITION FOR CHANGE OF NAME AND NOW. comes MICHAEL EUGENE the age of eighteen (18) years, NICHOLAS, Esquire, and NICHOLAS AND states as follows: KLAHOLD, by his FOREMAN, a minor child under attorneys. STEVE C. PC, and respectfully 1. Petitioner, MICHAEL EUGENE KLAHOLD is eight (8) years old, having been born on the 30th day of December. 1991, at the York Hospital. in York, York County, Pennsylvania. A certified copy of the birth record of MICHAEL EUGENE KLAHOLD is attached hereto as Exhibit "A". 2. Petitioner, MICHAEL EUGENE KLAHOLD, is a minor child currently residing at 6220 Charing Cross, Mechanicsburg, Cumberland County, Pennsylvania 17055, where he has resided since the 2nd day of May, 1993. Petitioner, MICHAEL EUGENE KLAHOLD resides with his maternal grandmother, Nancy Detweiler-Schamens, and her husband, his maternal step-grandfather, Robert Dean Schamens. This Court at 95 Juvenile 1991, in the Matter of Michael Eugene Gerhart Klahold, with the Honorable Judge George E. Hoffer presiding, granted custody to the maternal grandmother, Nancy Detweiler-Schamens, pending resolution of any custody matters brought before the Court. A copy of the Order of Court dated May 3, 1993, granting temporary custody to the maternal grandmother. Nancy Detweiler-Schamens is attached hereto as Exhibit "B". 3. Petitioner, MICHAEL EUGENE KLAHOLD, attends the Hampden Elementary School and has completed the second grade. 4. Petitioner, MICHAEL Hannelore Marie Detweiler whose Creek Road, Dallastown. York Eugene Klahold whose last known York County, Pennsylvania 17406. EUGENE KLAHOLD, is the son of last known address is 533 Lioners County, Pennsylvania 17313; and, address is 4972 Lee's Lane, York, Hannelore Marie Detweiler and Eugene Klahold have never been married to each other. 5. Prior to residing at his current Petitioner has resided at the following addresses: address, the . ,..J_~ ~. -,," 0__, . ",,"..\!:-;, a. Date of birth to January 7, 1992, resided with his mother, Hannelore Marie Detweiler, in the foster home of Jody Patterson and Tammy Patterson at 1830 Druck Valley Road, York, York County, Pennsylvania 17402; b. January 8, 1992 to January 25, 1992, resided with his mother, Hannelore Marie Detweiler, in the home of his maternal step-grandfather, Robert Dean Schamens and his maternal grandmother. Nancy Detweiler-Schamens, at 6220 Charing Cross, Mechanicsburg, Cumberland County, Pennsylvania 17055; c. January 26. mother, Hannelore Jody Patterson and York, York County, 1992 to May 19, 1992, resided with his Marie Detweiler. in the foster home of Tammy Patterson at 1830 Druck Valley Road. Pennsylvania 17402; d. May 20, 1992 to May 1, 1993, resided with his mother, Hannelore Marie Detweiler, in the foster home of Lou Holdorf and Betty Holdorf at 2293 Sycamore Road, York, York County, Pennsylvania 17402; Between March 8, 1993 and March 16, 1993, resided with his father, Eugene Klahold, at some unknown address. e. May 2, 1993 to the present, MICHAEL EUGENE KLAHOLD, has resided in the home of his maternal step-grandfather, Robert Dean Schamens and his maternal grandmother, Nancy Detweiler- Schamens at 6220 Charing Cross, Mechanicsburg, Cumberland County, Pennsylvania 17055, where he has resided continuously since the 2nd day of May, 1993. 6. Petitioner desires to formally change his name from MICHAEL EUGENE KLAHOLD to MICHAEL EUGENE SCHAMENS. 7. Petitioner, MICHAEL EUGENE KLAHOLD, desires to change his name because he wishes to assume the surname of his maternal grandmother, Nancy Deteweiler-Schamens and her husband, his step- grandfather, Robert Dean Schamens, with whom he resides. 8. Since on or about October, 1997, MICHAEL EUGENE KLAHOLD has been under counseling for behavior and mood symptoms, with Anthea L. Stebbins, MSM, LSW, of Inner Works, a counseling agency with its principal office located at 4415 North Front Street, Harrisburg, Pennsylvania 17110. In the opinion of Anthea L. Stebbins, MICHAEL EUGENE KLAHOLD, the assumption of the surname of his maternal step-grandfather, Robert Dean Schamens and his maternal grandmother, Nancy Detweiler-Schamens, is in the best interests of the MICHAEL EUGENE KLAHOLD, since it will provide him with the need to be recognized as the centerpiece of his grandparent's family. ,'", ~. > .. .'d. ., ,~ '~ '.-" " ]!- At this point in time, MICHAEL EUGENE KLAHOLD, is doing well in school both socially and academically. WHEREFO~, your Petitioner respectfully requests this Honorable Court, pursuant to 54 Pa. C.S.A. Section 701 et seq., to enter a Decree changing his name from MICHAEL EUGENE KLAHOLD to MICHAEL EUGENE SCHAMENS. Respectfully submitted, .$-- clJ, 'C....€'. " Steve C. Nicholas, Esquire ID #06845 NICHOLAS & FOREMAN 4409 North Front Street Harrisburg, PA 17110-1709 (717) 236-9391 - '-';, ,- '<.-'-'''', .,'.-"...,"-- AFFIDAVIT COMMONWEALTH 55. COUNTY OF Personally appeared before me, a Notary Public, in and for said Commonwealth and County, MICHAEL EUGENE KLAHOLD, who, being duly sworn according to law deposes and says that the facts contained in the foregoing Petition For Change Of Name are true and correct to the best .of his knowledge, information and belief. Sworn to and subs~bed before e this ~ day of , 2000. ~btMd My Commission Expires: NOTARIAl SEAL LINDA L McBETH, NoIarYl Public Camp Hill Boro. CUmberland Counly My COlllIIIission Expires July 20, 2000 ,"--,,- ,-;,,; ,~~ ' ., I , i ~~"' ="0 05/09/00 10:13 FAX 717 761 5306 DETWEILER 1aJ002 1N 'rHE cormT OF COMMON PLBAS OF CUMBERLAND COUN'l'Y. PBNNSYLVANIA NO. 95 JUVENILE 1991 IN THE MATTBR OF MICHAEL BUGBNB GERHART kLAHOLD. born 12/30/91 A Jl1VBNILE ORnER 011' COURT AND NOW. tbi. 3rd day of May. 1993. after hearin9 at whieh the juvenile. Michael Xlahold. was ftot pre.eftt but _. represented by M. co~t'llppo.inted couns.l. Robert Xlifte. Esquire, the nat~al father, Eugene Klahold. was pre.eftt representsd by his private counsel. ThOlllas Mangan. Jr.. Esquire; the maternal grandmother. Hancy Detweiler. was present ropresented by parsonlLl CO\lnsel, Lawr.ence Wiad8X', Esquire, the naturallllother. lIannalore Detweiler, was not preseDt. aDd her court-appointed counsel., PraDces IIol IlUca, Esquire, also was not prese:c.t for this proe_ding sbl.ee she h&d no ability to contact her elient who ill- on ru:c.away status; ~ cumberland County Childr.... aDd Youth Services Wilsrepresented by lluby D. Weeka. Esqllire. the juvenile. Michael Klah6ld. is found to be no longer dependent in. that- he has a natural pareal: whe> h.. requested his care and custody as well. as a maternal grandmother who has also requeeted his care and custody. Michael is discharg.ed from. CUlllberland C.Ounty Children and Youth's care and custody and from his specialized placeaent in foster care through the Bur I'o\lndation. T,8IDporary custody is' placed with the _ternal grandmother. Nancy Detweiler. pending further, o.rder of Court and a custody prol'eeding. In January. 1992. when the orig~al proeeedings were held at whi.eh. Michael1tlahold was. adjudi.eated a. dependent child. his father had indicated by his admission to the allegations of that juvenile petition that he was unable to pr~ide eare for Michael Klahold at that time. The father's counsel has indicated to -'--'~ I" 05/09/00 10:13 FAX 717 761 5308 DETWEILER thi. COurt that the father now feela able to provide for Micha.l'. car. and cu.tody. The child ha. been placed in a .pacializad toe tar home through tha BL!r Foundation, and the to.tar parent. bave, to thie point, not been relieved ot their r.aponaibility for Michaal'a Cara. Originally, Michael wa. placad in to.ter care along with hi. natural mother, Hannalora Detweiler. Since his IIlOther ran away March 8th, the foster parent. have requested to be- relieved of fUTthax responsibility f~Kicbael'. car.. sinca thei.r. home. is, for mother. with children. A home atudy baa bean completed to the maternal grandmother'S home and a home study haa been completed to the natural father' 8. home. Each of these parties des,ires custody of Michael. Neither home study indicates thB unfitness of either person. although the York County home study does indicate there are sOllIe safety concerns with regard to the father's home. It was the mother's problem. situation that brought about the original dependency of Michael, and at that time l1either parent was able to care for him. Xt now appears to this Court that this case has become a custody contest since the mother ran away from placement. We direct that either party desiring custody file a custody petition and proceed in the usual manner through the custody conciliation process. Pendil1g resolution of that matter. the Court discontinues Michael's dependency and placee his present custody with the maternal gral1dmother temporarily until the Court can be assured that safety violations have been cleared up in the father's home. The Court is making DO determination on the merits of an ultimate cu..tody outcome. Pending resolution of the custody matter between the maternal gr_dmother _d the -" "'-, ,- ~ . "' "'" ~''"'::; 1aJ003 - ~,' 05/09/00 10:13 FAX 717 761 5306 DETWEILER 141004 natural father, the Court feels the tather should receive liberal visitation with the child. All rea.onable effOrts have been made to prevent further placement, and .11 rea.onable efforts have been made to provide Care for this child. Thi. proceeding will .erve as . judicial reviaw, Pending further Order of Court, the father'a visitation with Michael, date of birth 12/30/91, ahell conaist of alternate weekend viaits when he may pick up the child no later than 9:00 a.m. Saturday morning end redeliver the child to the grandparents by 1.00 p.m. Sunday evening. The father shall be reepoRaible for pickup and delivery, and this Order shall remain in effect until changed by further cuatody proceedings. . By !:he Court, Ruby D. Weeks, Esquire CCC&YS Frances Del Duea, Esquire Robert Kline, Esquire ~Lawrence Wieder, Bsquire Tho1llas Mangan, Jr., Esquire :ulr ,",""fi''''-~4 ,. , _ L_ .._. ~" A ~ .-." 1l~::\, IN THE MATTER OF THE CHANGE OF NAME OF MICHAEL EUGENE KLAHOLD : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-3644 OBJECTION TO PETITION FOR CHANGE OF NAME AND NOW, comes EUGENE KLAHOLD, by and through his attorney, Gregory J. Katshir, Esquire, with the following Objection to Petition for Name change as follows: 1. This matter involves a Petition for Change of Name filed by a minor child, Michael Eugene KlahoId. Michael Eugene Klahold is the natural son of Eugene Klahold. The Petition alleges that Michael Eugene Klahold desires to change his name to Michael Eugene Schamens in order to become the centerpiece of his grandparent's family. 2. Eugene Klahold is an adult individual residing at 2426 Pleasantview Drive, York, Pennsylvania 17402. 3. Eugene Klahold is the natural father of Petitioner, Michael Eugene Klahold. 4. Shortly after the birth of Petitioner, Petitioner was involved in a dependency matter at 95 Juvenile 1991 in the Court of Common Pleas, Cumberland County. Pursuant to said proceedings, on May 3, 1993 temporary physical custody was granted to Petitioner's maternal grandmother, Nancy Detweiler, while Eugene Klahold was to have periods of partial custody. Temporary custody was provided to maternal grandmother pending further custody action. 5. From May 1993 through September 1997, Eugene Klahold exercised periods of partial custody on an every other weekend basis. Petitioner and Eugene Klahold had formed a strong father/son bond. 6. On or about October 1997, maternal grandmother unilaterally began to prohibit Eugene Klahold from exercising any periods of partial custody. She also refused any phone contact between father and son. Each time Eugene Klahold attempted to telephone his son, maternal grandmother, or maternal step-grandfather, Robert Dean Schamens would hang-up the telephone. ~= ~~ ~ ~~" ~,~ ~k: 7. Eugene Klahold has, on many occasions, sent card and gifts to his son, without response. 8. Eugene Klahold resides with his wife, two (2) stepchildren, and Petitioner's natural sister. 9. Maternal grandmother has refused to allow any contact between Petitioner alld his father and sister despite Eugene Klahold's continued efforts to see his son. 10. Natural mother has refused any contact with any natural child, and her exact whereabouts are unknown. 11. Eugene Klahold has filed a Complaint for Custody in the Court of Common Pleas, Cumberland County requesting this Honorable Court to award him custody of the minor child. 12. Maternal grandmother's efforts over the last several years have been an attempt to alienate father from son. The granting of the relief requested in the Petition for Change of Name would only lend aid to the estrangement of father and son. WHEREFORE, Eugene Klahold requests this Honorable Court to deny Petitioner's request to change his name. Respectfully submitted, Attorney for Eugene Klahold _0:- 3i^-- _~~",~"_ri ~ ~ ~~ L ~ ~~ Mill,-"':j VERIFICATION OF KNOWLEDGE. INFORMATION AND BELIEF I verify that the facts set forth in the foregoing Objection to Petition for Change of Name are true and correct to the best of my knowledge, information and belief. I understand that false averments herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: c6 / II (l() . Ge.n€~ Eu e Klah~ld dO,.,"N''''-' . - '<~='"":-J CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the foregoing Objection to Petition for Change of Name was served upon the following via First Class mail, on August 9, 2000, postage prepaid as below: Steve C. Nicholas. Esquire Nicholas & Foreman 4409 North Front Street Harrisburg PA 17110 1;,,'-.. ,-, ," ^ _ :..".. --- i' ,,- '.,,~ C-", ;, _ " ;;'i,;". ;';;'", ;_{,.<;c-,.',~ -<"_0.'-. ~i IN THE MATTER OF THE CHANGE OF NAME OF MICHAEL EUGENE KLAHOLD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW 00-3644 CIVIL --/ ORDER AND NOW, this It. day of August, 2000, following conference with counsel, hearing herein is continued generally pending the outcome of a custody case involving the parties. BY THE COURT, Steve C. Nicholas, Esquire For the Petitioner ,f/l Gregory J. Katshir, Esquire For the Objector ~~'i'_/(.,.tJi) ~'. :rlm ,.;.:.;,-",- oaw, ,,_. , "- Jiil-:.lltiiil.l:r ~ . . " "..x.:~ ~"'~...... -, FILED-O~FICE OF T' ""r'". 1.,TI"R'( . : r-:.:: .-"'.,-.!"I.I!Ki 00 ~,UG I 6 PH I: ?? ,.,.... CUiViBEhU~\;D COUNTY PENNSYLVANiA ~~^. .,,-. .~ -,~'-; ---"'d ' . If: