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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN REI
NOAH JACOB ALLPORT I
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CIVIL 1997 ~/"?(I {'U~/~~/'t
NO.
NAME CHANGE
AND NOW, this
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{tJi..
ORDER OF
day of
, 1997,
COURT
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upon consideration of the attached Petition for Name Change, a
hearing is set for the ,,'yntl day of 9Ult, , 1997 at
~"<lS o'clock ~.m. in Courtroom No. ,]
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By the Cou,rt,
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J.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE I NOAH JACOB ALLPORT
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NO. CIVIL 1997./{,{.'1 C!.wJ""j';-.
NAME CHANGE
AND NOW, this
ORDER OF COURT
day of
, 1997,
upon consideration of Petitioner's Petition for Name Change, IT
IS HEREBY ORDERED that Noah Jacob Allport'B name be changed from
Noah Jacob Allport to Noah Joseph Hicks.
BY THE COURT
J.
1.'QJDlfWlltU'W.MlalllnT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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IN RE I NOAH JACOB ALLPORT
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CIVIL 1997 .- J(,(. 'f ~ I"""'"
: NAME CHANGE
PETITION FOR NAME CHANGE
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AND NOW, this ~/ ~ day of March, 1997, comes Petitioner,
Stewart W. Hicks, by and through his attorneys, Hanft & Vohs, and
files the following Petition, and in support thereof, avers the
following:
1. Petitioner, Stewart W. Hicks, is an adult individual
residing at 2411 37th Street, Lubbock, Lubbock County, Texas.
2. Petitioner is the natural father of Noah Jacob Allport,
born May 5, 1995 in Carlisle, Cumberland County, Pennsylvania.
3. Petitioner desires to change the name of his son from
Noah Jacob Allport to Noah Joseph Hicks.
4. Petitioner does not wish to change the name of his son,
Noah Jacob Allport, for any illegal purpose or to avoid any
obligation.
5. The natural mother of Noah Jacob Allport is Dorothy R.
Allport.
6. Dorothy R. Allport is an adult individual residing at
715 Wilson Street, Carlisle, Cumberland County, Pennsylvania.
7. It is not known whether Dorothy R. Allport consents to
the proposed name change of Noah Jacob Allport.
J.'tQJIHT7IIk11'HAW1OKlI'IT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE I NOAH JACOB ALLPORT
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NO. CIVIL 1997
NAME CHANGE
CERTIFICATE OF SERVICE
AND NOW, this
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day of March, 1997, I, William C. Vohs,
Esquire, hereby certify that I have this day served the following
person with a copy of the foregoing document, by United States
mail, First Class, postage prepaid, addressed as follows I
Robert L. O'Brien, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, PA 17013
HANF~ & VOHS
~\k)lA t.l^---
William C. Vohs, Esquire
Attorney 10 No. 65208
11 West Pomfret Street, Suite 2
Carlisle, PA 17013
(717) 249-5373
l-'OJIh'1'WlIa.ftWOUlQ.rrf
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN REI NOAH JACOB ALLPORT
No./I.UI CIVIL 1997
NAME CHANGE
ORDERO~
AND NOW, this '"1'1- day of _~f , 1997, the
hearing scheduled for June 2, 1997 on the Petition to Change Name
is hereby continued to August 25, 1997 at 8:45 a.m. in Courtroom
No.2.
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VERIFIC'ATICN
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I verify that the statements made in the foregoing Response To Patitioo
For Name 0Iange are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. 5 4904, relating to
unsworn falsification to authorities.
~RO~~
. .' thy R. Al t
DI\TED :
.1/ - ~ t)~ 97-
February 26, ,997
D~~' Sl~\'ar;,
l)urill!! th~ 1 ')<)7 la, :.car, 1 \\111 be cb'I~.n~ I\l'ah a; a d~pcndent Plc~se make SI;IC your
Ilithholdinys ar~ apprul'.ial~ 1'01 Ire :,ear.
7he I:ums on :"oah's legs frcr.l your tlO:l, heater J-~ hni.1,4. 0,11 he has ....3ihl~ scarring In rc!!ard;
to the ;l:mr rester, I am cOllceITed aboa' Ihi.' I~lzarj Hal'e you takell any M~;l;:O 'ce 'I'atthe
physical circlIlr.stancc; .....hieh Jllowed rill: '(> be i,tiured havc been eluninHd'
You have indicated that you 1.'1',: rl:'n~ Jr "'lilh at I! ~O~rlo~ Ihe Iirsl :>1' .\rri 'Iooh will
hc read\':o t~avel a tius lime. To 1m'c I'OU stSl' for !In:~ 11':1: not be convernent YOll shel;ld b"
. . .
aware that me.st !:ighl5 :es\ing C'~ll ofBailin',c,re leqlli;'e ~ two-I:our check in lime oeca;J,e cf
inc:ells~d air;Jllrl ;ecurity. In V;Jur pa~"ne' ~uu ~h:luld I.nolo' \'03;' still .Iear, a siz~ 3 J.:uy!!ies.
His clethe; art' size 3 r allo bis shoe, are sile 6
I am glad you ha,t' chllsen to cor:lT~nicatc ....i:h I\oah on a rC\tu:ar ha~is over t'lC prone. \'.)U arc
weicome to call whclI \'ou are able Durb!1 the day. my father ~a; a home o:lice a:ld your caU may
be forwarded to a \.o;cemail bex Leal'e a :nessa.;l~ and :clep~o~: r.t;mJ::, and \':e will call YOll
baCk. Please realize l)~at the time, y(>u arran~e \(' call alll'\; us 10 leI Koah l,nl!'.1 yo.1 are caring
We :ry to have a p:ct'J~e OfyOL' for 1:m to see whL" :~J,;ins on tte pilo:1e \...:tll you I would
appreciate if you ',\'c,uld reciprocate the same pro:c~u:e while 1\oah is :here
Ove~ the past se'~er::l months, you have indicated thaI YCL: :m'c reen tr:h'e:bg ApparentJ::. you
are not ',\'orking oll:ome <.t this time \V1la1 type d chi,d en li:ranycments hal'c \':lll made fer
Koah wh'le he is there) Ir. those ,.tnations wh~rt ~'o'J r.'SI' havc llvcrlligrt tr4',e1. Ilhu 1.'1' Cdre
for :\ oah'
We :ecti',ed Y(>L[ lellcr date:l Fehrt;ar< ! 5 conc~rning tl'~ :>.'J: (,f1\ca'i; 1dlt.~. .':"fle- careful
thought f,r.C c~nsidcra:ion. I belicl.e it is unnecc,:,ary te- :,IJn~C his name J: this ~Qim Intl:is
chaq;b~ world, I dr r.ot iJ,e. :\oah with the stigmn efb(:st~r;: ~~d h:le ~,;.: hea:d anyone in tr.e
commul'ilY lahel him eilh~r All ir.:livldual' \Ir" :l~a' ,Ii:;' my f.1I11il) nl;c ":llah r:~rd LIS a~ pan
of the CO:r.I:\~l1ity and de no: ,,\uestbr: tile c!fCllll:slsnces o:"his b:nh. Will: the ::ilng:q.: :0:1:epI5
offam]y. :he ;J,C cfthc Icr~'. ~fbas:c.rd is .n R1"::I,mred concep:. It;s unfomma:c thet :s how
you perceive the situallon
7he coun cfj:Jris:liction i! CLrnje:lan:l Counr:: and at Ih;; t;r.le. [de 10: o~,~e to ar.~ chan!!e in
Koahs lIam~. J 13',e cssed my dc~i.i":l: ')'1 the iact~ 3..J nOllre pcr~cral iss~"s i:wllJo.'ed in t;IC
dissolut;on orc~r relatio~;hi? .<\J:y change in :-Joah's J:81nc is a deci;icr. wl:kh ~oJ"h w1 :uake
Gnd involl'c5 a d,alo"l'':~ w:th him
S incerel~',
IN RE: NOAH JACOB ALLPORT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-1664 CIVIL TERM
IN RE: PETITION TO CHANGE NAME OF A MINOR
OPINION AND ORDER OF COURT
BAYLEY, J., August 28,1997:-
Stewart W. Hicks of Lubbock, Texas, and Dorothy R. Allport of Carlisle,
Pennsylvania, are the parents of Noah Jacob Allport, born May 5, 1995, The father
and mother did not marry, They are both single, On February 29, 1996, following a
hearing on the merits, this court entered an order of shared custody of Noah. Until
Noah starts kindergarten, his mother has him each year from January until the end of
March; June 15 until the end of August; and December 15 onward. The father has
Noah from the beginning of April until June 15; and the beginning of September until
December 15.1
The mother and father met March, 1994, while she was a student living In
Lubbock, Texas. The mother moved Into her parents' home in Carlisle in October,
1994, when she was pregnant with Noah, When her son was born on May 5, 1995,
she named him Noah Jacob Allport. The father filed his complaint for custody on
May 17, 1995, that was resolved by the order aWClrding shared custody on February
29, 1996,
On April 1, 1997, the father filed a petition to change the name of his son to
1. The custody order entered at 95-2646 Civil Term was affirmed by the
Superior Court of Pennsylvania at _ Pa. Super, _, 148 HGB 1996 (January 21,
1997).
97-1664 CIVIL TERM
Noah Jacob Hicks, A hearing was conducted on August 25, The father testified that
he never had an opportunity to have Input as to what his son's name would be, The
mother testified that she objects to changing Noah's name but she would be open to
reconsideration after her son Is old enough to Indicate what he wants his name to be.
The father testified that he feels It Is Important for his son to have his surname
for "heredity," He plans to remain In Texas, and he has no connection with
Pennsylvania other than through Noah. He believes that Noah may be ridiculed
because his sumame Is that of his mother.
The mother testified that her son was baptized Noah Jacob Allport, She lives
In the home of her parents, Her father Is from Clearfield County where his ancestors
Immigrated from England In the 1820s, There Is an Allport, Pennsylvania, in Clearfield
County named for one of those ancestors.
In a plurality opinion of the Supreme Court of Pennsylvania in In re: Zachary
Thomas Andrew Grimes, 530 Pa. 388 (1992), Justice Cappy stated that when
considering a petition to change the name of a minor child, "[I]n accordance with the
majority of Jurisdictions In the United States we declare the best Interest of the child to
be the appropriate focus In such cases." A court of common pleas of any county
may by order change the name of any person resident In the county. 54 Pa.C.S.
Section 702. Absent legislative criteria, courts reviewing petitions for change of name
exercise their discretion "in such a way as to comport with good sense, common
decency and faimess to ali concemed and to the public." Petition of Falcuccl, 355
-2-
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NOAH JACOB ALLPORT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-1664 CIVIL TERM
: ;"
IN RE:
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings were held before the
HONORABLE EDGAR B. BAYLEY, J.,
Cumberland County Courthouse, Carlisle, Pennsylvania,
Courtroom Number Two,
August 25, 1997.
APPEARANCES:
WILLIAM C. VOHS, ESQUIRE
For the Petitioner
ROBERT L. O'BRIEN, ESQUIRE
For the Respondent
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August 25, 1997
Carlisle, Pennsylvania
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(Whereupon, the following proceedings were
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held at 10:00 a.m.)
THE COURT: Ready to proceed?
MR. VOHS: Your Honor, this is the time and
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8 place for the petition for name change. I call stewart
9 Hicks to the stand.
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11 this?
THE COURT: Okay. Did I do a custody case in
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MR. VOHS: Yes, Your Honor.
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THE COURT: I remember the case now. Go
14 ahead.
15 Whereupon,
16 STEWART W. HICKS,
17 having been duly sworn, testified as follows:
18 DIRECT EXAMINATION
19 BY MR. VOHS:
20
Q
stewart, tell the judge your full name.
Stewart Warren Hicks.
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A
22
Q
Where do you live?
3318 24th Street. Lubbock, Texas. I just
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A
24 recently moved there. I moved a week ago into that house.
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You've always lived in Lubbock?
Q
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A I've always lived in Lubbock.
Q How old are you?
A Forty years old.
Q You're the father of Noah Jacob Allport.
Right?
A Yes.
Q Who is Noah's mother?
A Dot Allport.
Q You and Dorothy had a relationship starting
when?
A It would have been four years ago, three and
a half, four years ago. It was in March of that year that
we first met, and we went on a long trip together that
summer, it lasted about a month, and then we __
Q Did you two discuss having children?
A Yes, we did.
Q Did you discuss the names for the children?
A We discussed it. We went to Denver on a trip
to show her son William the area we liked because we were
going to move to that area, and we discussed having
children. Dot's a woman's 1ibber. She wanted to keep her
name. We had already decided to get married. She wanted to
discuss if we had a boy, it would be named Hicks, and if we
had a girl, Allport.
Q The two of you did not subsequently marry?
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Q
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Noah was born?
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Q
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A Yes, I did.
Q Under what name?
A Joseph Caleb Allport.
Q Okay. When did you learn that that was not
the child's name?
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A His name was Joseph. I was told by -- I was
provided a letter from Dot's lawyer stating she didn't want
to have any contact whatsoever with me. So I went ahead and
did that.
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this court?
A
o
We eventually had a custody hearing before
Yes.
And there is presently a shared custody
arrangement?
A Yes. In Lubbock six months out of the year,
and he is here six months out of the year. Broken up two
and a half months, two and a half months, three and a half,
three and a half.
0 Where is he right now?
A He is here.
0 You carne in from Texas for this hearing?
A Yes, I did.
0 You're asking the judge to change Noah's name
to what?
A To Noah Joseph Hicks.
o Joseph is the name you were told was his
first name when he was born. Right?
A Yes.
Q Hicks is your last name?
A Hicks is my last name.
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Q Tell me a little bit about your family. Do
you have family in Texas?
A Yes, I do. My mother and father live about
three blocks from me. I have a brother that lives there and
his wife. I have a brother and another spouse and daughter
that live in San Antonio and another brother that lives in
San Antonio.
Q All with the last name Hicks?
A Yes.
Q So Dorothy has another child. What's his
name?
MR. O'BRIEN: Objection, Your Honor. I don't
see the relevancy.
THE COURT: Overruled.
THE WITNESS: William Hatfield.
BY MR. VOHS:
Q Where does he live?
A He lives with his father about four blocks
from the house that I just purchased.
Q In Lubbock?
A In Lubbock.
Q And what is his father's name?
A Chris Hatfield.
Q Have you and Dorothy discussed whether or not
Noah's name should be changed to Joseph Hicks?
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1 A I wrote her a letter back in February asking
2 her if she would agree to the name change, and she wrote me
3 back, and she told me that she didn't think that it should
4 be changed, and that we should wait until he was old enough
5 to make the decision for himself. I feel like that if we
6 wait until then, it's asking him to choose between Dot and
7 myself, and I don't think he should have to do that.
8 Q Why do you think it's important that he
9 should carry your last name?
10 A I think it's important because kids have a
11 way of ripping other kids and stuff like that. And if he
12 has a different name than his father, it's going to come up.
13 In a lot of different areas it's going to come up. And I
14 think it's important because of that, that he have the last
15 name Hicks.
16 Q I have a couple questions I have to ask you
17 here, stewart. Are you trying to do this, to try changing
18 your son's name, for any illegal purpose?
19 A Illegal?
20 Q Yeah. Are you trying to get his name changed
21 from Noah Jacob Allport to Noah Joseph Hicks for any illegal
22 purpose?
23 A No, I want to feel like he, you know, he has
24 my last name, the name of his father, and for his heredity
25 and everything else.
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last names.
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1 I talk to him.
2 Q You call him Noah?
3 A I call him Noah.
4 Q So Joseph is immaterial, really. You and
5 your son know each other as dad and Noah. Right?
6 A It's immaterial to Noah because I will always
7 call him Noah. It makes a difference to me because I never
8 got the opportunity and never was it never was discussed
9 with me what his name was or what it would be, and it's
10 my -- I mean, it's my chance to have some input into that.
11 It's important to me to have some input into my son's name.
12 Q Sir, you were in touch with an attorney in
13 Pennsylvania during the pregnancy and during the time your
14 son was born; is that right?
15 A Yes, I was. I spoke to an attorney because I
16 wanted to file for custody immediately, and they told me I
17 had to wait until he waa born.
18 Q And so the information that you got
19 misinformation that you got about Noah's name came from
20 Mr. Hatfield, not from Dot or my office?
21 A Sure. It came from Chris because I was told
22 not to contact Dot. You are the one who wrote me that
23 letter.
24 Q sir, I said that if there are any
25 communications, they would come through my office rather
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than directly to her; is that correct also?
A That is true. I was told she didn't want to
have any communications with me at all.
Q The two of you had a strained relationship
after she left, being pregnant, and returned here to
Pennsylvania; is that a fair statement?
A That's a fair statement.
Q Now, in regard to the Allport name here in
Pennsylvania, do you know much about that name in
Pennsylvania?
A What do you mean? I don't understand the
question.
Q Did you know, for example, that there is a
town in Pennsylvania called Allport named after the Allport
family?
A No, I had no idea.
THE COURT: Where is that?
MR. O'BRIEN: Up in C1earfie1d County.
THE COURT: Okay.
BY MR. O'BRIEN:
Q Now, Dot intended to keep her name, even if
the two of you married. Right?
A That is what she said.
Q And then the -- your testimony was if the two
of you were married, when a son was born, he would have the
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name Hicks?
A That is what we discussed.
Q And you never married, did you?
A No, and we weren't sure that we were going to
get married. She was going to keep her last name.
Q And in fact, sir, in your petition you stated
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7 that you didn't know whether Dorothy consents to the
8 proposed name change when, in fact, you did know because she
9 had written you that she opposed the name change at this
10 point in time.
11 A Well, I didn't write the petition.
12 Q Did you read it?
13 A Chuck wrote the petition. It was already
14 filed at the point that I got a copy of it so.
15 Q So your verification on it was made without
16 having read it?
17 A I read it but I really I guess I didn't
18 pay much attention to that part of it as far as whether or
19 not
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Q okay, sir. Are you aware that your son is
baptized with the name of Noah Jacob Allport?
A Yes, I am.
Q And Dot did send you information about that.
A No, I got a copy of it when I came up here in
July. They handed it to me along with a couple of pictures.
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It was the first time I had seen pictures of him or had any
kind of information on it.
Q So this is July of last year?
A No, this was July before we had the hearing.
I guess that was last summer. I'd have to check to make
sure, but I think it was. No, Noah's been going back and
forth since he was a year old. So, yeah, that would be
correct. It was July, two months after he was born --
whenever '95.
Q He attends, I take, church with you down in
Texas?
A Yes, he does.
Q Your friend, I believe, Michael, your
minister, was up at the custody hearing with you.
A Yes, he was.
MR. O'BRIEN: I have no further questions.
THE COURT: Anything else?
MR. VOHS: Just briefly, Your Honor.
REDIRECT EXAMINATION
BY MR. VOHS:
Q When you found out that Noah was born through
the other father, the father of the other child, and you
found out his name, you filed this petition for custody
right away under this Joseph Caleb Allport. Did you ever
receive anything before the conciliation conference from
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1 either Dorothy or her lawyer saying, No, hey, wait. This
2 isn't his name. His name is really this?
3 A No.
4 Q I believe Mr. O'Brien asked you if Joseph
5 Noah is immaterial. And I need you to explain why Joseph is
6 important to you, not that name Joseph has a meaning to you,
7 and tell the judge why that is.
8 A I knew him as Joseph for the first couple
9 months of his life, that's what I told all of my friends,
10 and it's very important to me to have some input in naming
11 my son. I had absolutely no input in naming my son.
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19 BY MR. O'BRIEN:
20 Q You this move by you to have this name
21 changed when you know that Dorothy is opposed to it, that's
22 going to create a barrier for the two of you to talk about
23 the custody of your son in the future, won't it?
24 A I don't know if it will or won't.
25 Q We1l,--
Q Did you pick Noah?
A No, I did not.
Q Did you pick Jacob?
A No, sir, I did not.
MR. VOHS: That's all.
MR. O'BRIEN: Just one follow-up question.
RECROSS-EXAMINATION
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1 A I mean --
2 Q Well, she is opposed to it, and you are
3 trying push this matter. So it would appear that you're the
4 one that's pushing this matter against her wishes.
5 A Your point is?
6 Q That will that help the two of you relate
7 better to one another over your son's ultimate disposition?
8 MR. VOHS: Your Honor, I object.
9 THE COURT: sustained. If that's true, the
10 converse is true. He wants it. She doesn't want it. It's
11 true both ways. It's a conflict I will resolve.
12 MR. O'BRIEN: I have no other questions.
13 THE COURT: You may step down.
14 THE WITNESS: Thank you.
15 MR. VOHS: That's all of the testimony
16 petitioner is going to present, Your Honor.
17 THE COURT: Okay. Mr. O'Brien.
18 Whereupon,
19 DOROTHY R. ALPORT,
20 having been duly sworn, testified as follows:
21 DIRECT EXAMINATION
22 BY MR. O'BRIEN:
23 Q Would you state your name, please.
24 A My name is Dorothy Rose Allport.
25 Q Now, are you in opposition to Mr. Hicks'
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petition to have your son's name changed?
14 those seven.
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and in the
relatives.
Q
relatives?
A
Q
Bill?
A
At this point, yes.
Would it be something that you would consider
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Q
A
Yes.
Q
-- once Noah grows older?
Yes. Yes, I would consider it at that time.
A
8 Actually, it's a point of discussion when Noah would like to
9 discuss it with me.
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11 in the carlisle area?
Q
How long have you and your family lived here
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A
My family has resided in the Carlisle area
13 for about seven years, and I have resided here for two of
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16 Carlisle area?
Q
And what relatives does Noah have here in the
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In the Carlisle area he has my mother and
18 father, George and Connie Allport, my brother Bill Allport,
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Does Noah have contact with these other
Yes, he does.
Does he have regular contact with his Uncle
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Yes, he does.
Q
Where does his Uncle Bill attend college?
He attends Dickinson College.
And does Uncle Bill bring Noah to events and
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5 activities at the college?
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Yes, he does.
Q
And what is Noah known as among that group of
A
Noah Allport.
Does Noah attend church here in the Carlisle
Q
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Yes, he goes to st. Johns.
Q
And, in fact
14 (Whereupon,
15 Respondent's Exhibit No. 1
16 was marked for identification.)
17 BY MR. O'BRIEN:
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And what's been marked as Respondent's
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19 Exhibit 1 is a photocopy of Noah's baptismal certificate; is
20 that correct?
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A
That's correct.
25 here in Pennsylvania, Noah is known as Noah Allport; is that
Q
And that has his name as --
A
As I just stated, Noah Jacob Allport.
Q
Now, among your friends and acquaintances
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1 correct?
2 A That's correct.
3 Q When your son was born, were you married to
4 Mr. Chris Hatfield?
5 A When William was born?
6 Q Yeah, William?
7 A When William was born, Chris and I were
8 married.
9 Q What activities do you participate in with
10 Noah whereby here in Pennsylvania he is known as Noah
11 Allport?
12 A Any activities involved with the church and
13 my family. Basically in the town of Carlisle, anywhere that
14 we go he is known as an Allport. I should say he is
15 associated with our family.
16 Q Do you have any objection to stewart calling
17 Noah Hicks when he is down in Texas?
18 A I have no objection to that.
19 MR. O'BRIEN: I have no other questions.
20 THE COURT: Cross.
21 CROSS-EXAMINATION
22 BY MR. VOHS:
23 Q Ma'am, this baptism, did you provide
24 Mr. Hicks with notice of this?
25 A I believe we did provide him notice, but I
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don't believe it was exactly on the day that the baptism had
occurred.
Q It was after the baptism?
A It was after.
Q Who is John Newbold and April Newbold?
A Those are two friends of the family that
attend st. Johns Church.
Q Would they be regarded as godparents?
A Yes, they are godparents.
Q And correct me if I'm wrong, it's your
opinion that this is something that Noah and you should
discuss in the future?
A In the future when he decides that he would
like -- if he would like to change his name, then that is
something that we can pursue together.
Q Your son William is known as William
Hatfield?
A That's correct.
Q What--
A I should say that he is known as William
Hatfield, but when he is here with my family, he does think
he is an Allport, and he will tell people that as well.
Q Now, you said you live here in Carlisle?
A Yes.
Q What's your address?
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A 715 Wilson street.
Q 7151
A 715 Wilson street.
Q Back when you were first served with that
custody complaint that had Joseph Caleb Allport, did you
call stewart and say, Hey, I didn't name him Joseph Caleb,
I --
MR. O'BRIEN: Objection, Your Honor.
THE COURT: I already know what happened. I
already know what happened, both from today and before.
MR. VOHS: I have no further questions, then.
THE COURT: Anything else?
MR. O'BRIEN: I have nothing.
THE COURT: You may step down.
Whereupon,
GEORGE H. ALPORT, II,
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. O'BRIEN:
Q Would you state your name?
A George Hobart, H-o-b-a-r-t, Allport, the
second.
Q And what is your relation to Noah?
A I am Noah's grandfather.
Q How long has the Allport name been associated
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with the Corr~onwea1th of Pennsylvania?
A The first immigrants from England came in the
1820's and settled into the C1earfie1d area.
Q And as I had asked Hr. Hicks, there is a town
named after the family; is that correct, there is?
A That's correct. It's also the town where my
father is buried, as is Dot's other grandfather is buried in
that town.
Q And the Allport name is associated with
goodwill and good activities in that C1earfie1d County area;
is that correct also?
A Well, the town was named for James Allport,
who was the first postmaster in the town, and he had been
the postmaster in, I think it was Morrisdale, which is right
down the road, and they named that town Allport in honor of
him.
Q Is there a hospital that was started by
Noah's great, great, great-grandfather?
A Hobart Allport was a physician, a railroad
physician in Pennsylvania, and he had -- he is -- he was a
student of the hospital, state hospital. It was originally
a state hospital, but now I think it is under private hands.
Q Now, sir, you are retired military; is that
correct?
A I am.
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1 Q And the Allport name is known outside of the
2 state of Pennsylvania; is that correct also?
3 A As a result of our military assignment and as
4 a result of my last assignment and faculty at the War
5 College, every place we have resided we have known and
6 obviously have been part and p~rce1 of the community, and
7 every place we were assigned one of the things that we chose
8 to do was participate in community activities, generally
9 through the church, to take a part in the community as
10 opposed to just residing on post.
11 So each of those communities we still have
12 friends to whom we relate. As well as -- I'm sorry. As
13 well as the last assignment at the War College. My last
14 assignment approximately 250 military officers come through
15 every year who new me as part of the faculty at the war
16 college during my final assignment there.
17 Q And what local activities does the Allport
18 family involve itself in here in Carlisle and Cumberland
19 County areas?
20 A We've -- well, first professionally, after
21 retirement, I began my own business, and so we have a
22 business that operates from the home providing services to
23 the global position system arena. In addition to that, the
24 church is one of our centers of activity. My wife and I and
25 our son Bill are all members of st. Johns, and we are on the
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youth commission at st. Johns, members of the youth
advisory. I teach the confirmation class every year.
We are evanga1ize in the community and growth
commit for the parish. Our son is the coach on the diocese
youth commission. Bill was the vice-president of student
center last year. He is now resident coordinator at
Dickinson. He is very much involved there. We have
participated in projects -- in many of the charitable
things, Project share, the food bank, Salvation Army, so
forth, a number of charitable endeavors, as well as
fraternal organizations.
Q Do you anticipate that Noah would have any
difficulties having his mother's name here in Pennsylvania?
A Not at all. The community has been very
receptive to accepting Noah as a person, as a Christian
human being, and he's been -- when greeted, when out, by
people we know he is greeted and well received. I don't
think there would be any difficulty here.
MR. O'BRIEN: Thank you, sir. I have no
further questions.
CROSS-EXAMINATION
BY MR. VOHS:
Q sir, how many children do you have?
A Three.
Q What are their names?
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A George, Dorothy and William.
Q George, what?
A George what?
Q Allport?
A Dorothy Allport.
Q And the other one is?
A William Allport.
Q What's your wife's maiden name?
A Garcese. (Phonetic spelling.)
Q You chose not to give any of your children
your wife's maiden name?
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It was my wife's choice.
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THE COURT: Wait. It was the wife's choice.
14 Next question.
15 BY MR. VOH5:
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50 it's agreed it should be something
17 resolved between the parents, betlleen the two of them.
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You would hope that that would be the case,
A
19 yeah.
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Do you see any reason why this child
Q
21 shouldn't be named Hicks?
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Well, I think it's -- I think to call him
A
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24 options over those of the mother, and I think the mother
25 had -- she went through a ve~y difficult unassisted
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pregnancy. And she had the option at the beginning she
could have -- she could have taken the easy way out, but she
chose to carry full term.
Q Unassisted by choice.
THE COURT: She carried him and named him.
THE WITNESS: Exactly.
THE COURT: Next question.
BY MR. VOHS:
Q What about Joseph, do you have a problem with
the name of Joseph for Noah as a middle name?
A No. I have no problem with Joseph as a
middle name. I don't see any particular reason with
changing it, but I have no objection to it.
Q When Stewart filed the custody two months
after Noah was born, you didn't say, Hey, this isn't the
child's name. It's Noah Jacob.
A No, I did not because the letter from our
attorney had asked Stewart to put any communications through
the attorney. I assumed that if he wanted to know the
correct name, that he would have corresponded to the
attorney.
Q You didn't instruct the attorney to notify
him of --
A I think that our attorney probably notified
you, but I don't know that for a fact.
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1 Q You never saw anything to that affect -- you
2 didn't ask him to do that, did you?
3 A No, I did not.
4 Q And Noah lives with you?
5 A I'm sorry?
6 Q Noah lives with you?
7 A Noah lives with Dot, who lives with us, yes.
8 Q What's that address?
9 A 715 Wilson street.
10 MR. VOHS: I have nothing further from him.
11 MR. O'BRIEN: No other questions, Your Honor.
12 THE COURT: Sir, you may step down.
13 MR. O'BRIEN: No other witnesses.
14 THE COURT: Exhibits admitted.
15 (Whereupon, all exhibits were admitted.)
16 THE COURT: Record closed. You may step
17 down. Argueument of the moving party off the record.
18 (Whereupon, argument was held off the
19 record.)
20 THE COURT: Thank you gentlemen. And I will
21 bring something down shortly.
22 (Whereupon, Court was adjourned
23 at 10:38 a.m)
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CERTIFICATE
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of the
same.
Ovl\\.-L. fN--
Lorraine K. Troutman, RPR
Official Court Reporter
* * *
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed
to be filed.
~\\\\cr&
Date
Edgar . ay1ey, J.
Ninth JUdirial District
28
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IN RE: NOAH JACOB ALLPORT
and STEWART W, HICKS,
PETITIOt-lERS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 97-1664 CIVIL TERM
ORDER OF COURT
AND t-lOW, this 30th day of October, 2001, in the case
of In Re: Noah Jacob Allport and Stewart W, Hicks at No, 97-1664
civil Term, and it appearing that docket activity has recently
occurred in the case, the case is stricken from the purge list and
shall remain active.
By the Court,
William C, Vohs, Esquire
4720 Old Gettysburg Rd.,
Mechanicsburg, PA 17055
For the Petitioners
STE 405. ~
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