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HomeMy WebLinkAbout00-05424 II I IN RE: PETITION FOR NAME CHANGE OF RAE ANN SCHENK, minor, by ber mother, LINDA R. MIKESIC, Petitioner : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : PENNSYLVANIA : NO. 00-5424 Civil : NAME CHANGE PETITION AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND JACOL YN 1. MOOSE, being duly sworn according to law, deposes and says that on September 28, 2000, she served the attached Notice of Hearing together with a copy of the Petition for Change of Name upon Daniel M. Schenk, father of Rae Ann Schenk, by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Mr. Daniel M. Schenk 144 Nagles Court Ebensburg, P A 15931-5833 Sworn to and subscribed before me this 2nd day of November, 2000. ~ R Tcm0 Notary Public NotarlalSeal ~ Patricia L. Tome, Notary PuIlIIc ShlPll8nsburgBoro, CumbeitandCounlv My CommiSSion Expires June 7, 2004 ~ ;PE1ltl~NeR!S Ii .E<XHIBIT ! ." f J 1/~~d)O $12 WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~ ,'41U - ,~~ II IN RE: PETITION FOR NAME CHANGE OF RAE ANN SCHENK, minor, by her mother, LINDA R. MIKESIC, Petitioner : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : PENNSYL VANIA : NO. 00-5424 Civil : NAME CHANGE PETITION PROOI? OF SERVICE ,..'f'~~~," .::r lr ru t:l .::r li-~- ~ t:l tf85'lr- Off Postage $ $0.,99 0257 05 CertIfied Fee .postmark Hom e l"- J4etum ReceIpt Fee D (Endorsement Required) o Restricted Delivery Fee o (Endorsement RequIred) t:l Total Postage &.... $ ru ru rrI . ".39 091251_ ..... lr t:l ['- i I ........,.. .l"i'1iif--"~- ~ ~ ~/~.w$llI!JreGl!lve tile "~~ ~ ~""lIIe .......'.f~IuIm.....-lwe..........- ,fill.~M~lloran ~ ~ ~. ~ ~ ~.,. ~ ,,". extra fee): panni!. nn to the front of the mallpiece, or on the back if.space does nat 1. 0 Addressee's Add~ss It -Write-RBtum Receipt R~'on the maUpiece beJowthearticle number. 2 >-I R IrlctecI~ 0 ,. oS -The Return Receiptwihhow,to whom the,artlcle was delivered and the dat . ..M!!l as ,e Ivery delivered. e Ii Consult postmaster lor fee. I 40. Article Number ii. E o .. ~ " ~ .!! __~~FO= 3811~ De=b:r 19~ 8 5lJ I-D t>.p "102500-97~B-0179 Domestic Return Receipt n'__" ______~,___...."..________,_.~~,___ WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ", 1-- ~, " ~~""::'""r"'"~~" ~- : ! " ~ ~--" = ~~_ll\IIlllllIIIJ\l o~:" - NAME CHANGE NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 00-5424 Civil IN RE: PETITION FOR NAME CHANGE OF RAE ANN SCHENK, MINOR, BY HER MOTHER, LINDA R. MIKESIC NOnCE IS HEREBY GIVEN that the petition of Rae Ann Schenk, minor, by her mother, Linda R. Mikesic, was filed in the above-named Court, requesting an order to change the name of Rae Ann Schenk to Rae Ann Mikesic. The Court has fixed Friday, November 3, 2000, at 9:30 a.m., in Courtroom No.1, of the Cumberland County Courthouse, Carlisle, Pennsylvania, as the time and place for hearing on said petition, when and where all interested persons may appear and show cause, if any, why the prayer of the petitioner should not be granted. David P. Perkins, Esquire WEIGLE, PERKINS & ASSOCIATES 126 East King Street Shippensburg, P A 17257 (717) 532-7388 ~"""""' -,. I] IN RE: PETITION FOR NAME CHANGE OF : IN THE COURT OF COMMON RAE ANN SCHENK, minor, by her : PLEAS OF CUMBERLAND COUNTY mother, LINDA R. MIKESIC : PENNSYLVANIA /', /l Petitioners : No.I1D-,t:::.4::J'j ~ : NAME CU:'ANliE PETITION NOTICE 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 days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing 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 property 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 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 CO,,,!,!,,, .';,,<, ,"" '--f-~,",""'-r--,~'~ ';" ,',"1." -~-', " ,-.. ".-' ,~'---' ;' l' ~- il I i ,I IN RE: PETITION FOR NAME CHANGE OF RAE ANN SCHENK, minor, by her mother, LINDA R. MIKESIC, Petitioners : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : PENNSYLVANIA :NO. : NAME CHANGE PETITION ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the within Petition for a change of name and upon motion of David P. Perkins, Esquire, it is hereby ordered that a hearing on the petition of Rae Ann Schenk for change of name IS fixed for , 2000, at M., in Court Room Number of the Cumberland County Courthouse, Carlisle, Pennsylvania. It is further ORDERED that notice of the hearing shall be given by publication one time in the Cwnberland Countv Law Journal, and one time in a newspaper of general circulation in the county. J. WEIGLE, PERKINS & ASSOCIATES ~ ATTORNEYS AT LAW - 126 EAST KING STREET ~ SHIPPENSBURG. PA 17257-1397 II I- I IN RE: PETITION FOR NAME CHANGE OF : IN THE COURT OF COMMON RAE ANN SCHENK, minor, by her : PLEAS OF CUMBERLAND COUNTY mother, LINDA R. MIKESIC, : PENNSYLVANIA Petitioners : NO. : NAME CHANGE PETITION PETITION FOR CHANGE OF NAME C:1 C:J , , TO THE HONORABLE, THE JUDGES OF THE SAID COURT: n ~: ~=g r:~-': ~;.". -' , :;;r. :i'i -"-~ " en-"'-..... i -<:__'.. _:0.(---:) Now comes Rae Ann Schenk, a minor, by and through her mother, Linda &oMikesit:: and; ~~ e::..__,.. ~",,, ' :;,~' ~ states the following: :t't' S? S}'" ::;:',', ':.,0 ~~;; I. Linda R. Mikesic is an adult individual, presently residing at 9 Highlaiii4 Avenue,==< Shippensburg, Cumberland County, Pennsylvania, and is the mother of Rae Ann Schenk.. 2. Rae Ann Schenk, born December II, 1985, is the fourteen (14) year old minor child of Linda R. Mikesic and Daniel M. Schenk, who are divorced. Linda R. Mikesic married Stephen R. Mikesic in 1992. Rae Ann Schenk has resided primarily with both her mother Linda and her step-father Stephen at 9 Highland Avenue, Shippensburg, Cumberland County, Pennsy lvania since October 1993. 3. Petitioners desire to change the child's surname from Schenk, the surname of the natural father, to Mikesic, that of her stepfather, so that the child's full name would be Rae Ann Mikesic. 4. Petitioner, Rae Ann Schenk, has expressed a desire to be adopted by her stepfather, Stephen R. Mikesic. Her natural father. Daniel M. Schenk has refused to consent to the adoption. 5. The minor child has not had a close bond with the natural father or his family since her parents separated in August 1987. 6. On February 13, 1996. tollowing a custody conciliation this Honorable Court entered a custody order, a copy of which is attached hereto and marked Exhibit "A 00. 7. Following the entry of the order. the natural father had no significant contact with the minor child and did not pursue visitation with her. 8. In 1997 the natural father tiled a contempt petition and mother tiled a petition to modify custody. On March 6. 1997. this Honorable Court entered an Order. a copy of which is attached hereto and marked Exhibit "BoO. Upon agreement of the parties the hearing was continued generally and the cross-petitions were resolved by an agreement to have Daniel Schenk and Rae Ann Schenk enter into counseling. 9. The counseling lasted less than a year and did not result in any progress in the relationship. ".<, -,., '" rr4",~~",,1'- ,,""', _.,-", '"'_',n '-, ." ,--. II l' 10. Since the termination of counseling, natural father has not pursued visitation with the minor child. Natural father's last exercised visitation was on or about December 1995. II. Since her mother's marriage to Stephen R. Mikesic in 1992, Rae Ann Schenk has developed a strong, close bond with her stepfather. She refers to Stephen R Mikesic as "dad". . 12. On January 14, 1996, a daughter was born to Stephen R. Mikesic and Linda R. Mikesic. Her name is Valerie Rose Mikesic. 13. Rae Ann Schenk desires to change her surname to Mikesic so that she can feel a part of her family with whom she resides. 14. Having a different surname from the rest of the family causes Rae Ann Schenk embarrassment and discomfort in public. One example is that doctor's appointments often result in confusion because her name is Schenk but the mother and stepfather, who are responsible parties, are named Mikesic. 15. In September 2000, Rae Ann Schenk will start school at the Shippensburg Area Senior High School. It is important to her to be known in high school by the surname Mikesic. 16. Natural father resides in Ebensburg, Cambria County, Pennsylvania. The reputation of the natural father in the community is that he has been previously convicted of at least one alcohol related offense and there have been allegations of involvement in drug related activities. Natural father has a poor employment history and it is believed that he is unemployed at this time. 17. The best interests of the mmor child would be best served by granting the requested name change. 18. There are no judgments or decrees oflike character against Rae Ann Schenk. WHEREFORE, Your Petitioners pray Your Honorable Court. pursuant to the Aet of April 18, 1923. P. L. 75 {i2. as amended. 54 P.S. {i701. to enter a decree changing her name from Rae Ann Schenk to Rae Ann Mikesic. WEIGLE, PERKINS & ASSOCIATES , I \ Bv: - , -/' -~~ / David P. Perkins, Esquire Attorney for Petitioners Attorney ID #34342 126 East King Street Shippensburg. P A 17257 (717) 532-7388 -, ()~ '< f. .\.Ii .,,-. \ ',;'.(; ..'- .. ''':~'): , ",.., .. """",_-,,,",,,,, ~ ~'''- "0'" ":"~-'~'," " ",-, -.. '. Fr, ,-~ "'. -,.,~--- " , ."" LINDA R. MIKESIC, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v :NO. 5856 - CIVIL - 1994 : DANIEL M. SCHENK, Defendant ~ AND NOW, this l2 day of of the attached Custody directed as follows: : :CIVIL ACTION - CUSTODY R , 1996, upon consideration Report, it is ordered and 1. The existing Order of Court in the above case is hereby vacated. 2. The Mother" ~ Linda R. Mikesic, and the Fathe~r~~ Daniel M. Schenk, shall enjoy shared legal custody of Rae Ann Schenk, born December 11, 1985. 3. The Mother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. For two weekends per month. One weekend shall be the standard Friday evening at 5 P.M. until Sunday evening at 7 P.M. The second weekend shall be the weekend during the month in the school year when the child has a long weekend off from school. For the next few months, these weekends shall include February 16 through 19, AprilS through 8, and May 24 through 27. March does not include an extended weekend vacation. On those three mentioned weekends when the Father shall have the child over through Monday, Father shall return the child at 7 P.M. B. Father shall also enjoy legal custody of the minor child for three separate ten day periods during the sU~~er months. These three ten day periods shall be non-consecutive and it shall be attempted to work out an arrangement whereby there is a reasonably consistent number of days in between the three ten day time frames throughout the summer months. During the sU~~er months and during the time that the Father is enjoying the extended periods of temporary custody as Exhibit "All ~ .':""" . outlined in this paragraph, the two weekend per month schedule shall be suspended. The weekend schedule shall apply only during the school year with the ten day schedule as outlined in this paragraph to apply during the summer months. 5. Transportation shall be shared between the parties on an equal basis. However, in light of the Mother's current medical situation, Father shall handle all transportation for exchange of custody for February, March and April. Commencing in May, Mother shall again handle 50 percent of the transportation and she shall also make up to the Father before the end of the year three times of transportation to compensate Father for the extra transportation he performed during February, March and April. Mother reserves the right to elect to do her transportation on specific weekends that her current husband needs to go back to Cambria County for his National Guard commitments_or on such weekends that Mother has plans to go and visit her family in Cambria County. Mother shall advise Father at least thirty days in advance as to when she intends to exercise her exclusive option to select a weekend for her transportation. 6. Father shall advise Mother by May I of each year as to the periods of time that would be allotted to the Father during the summer months. In the event that Mother has a vacation time herself scheduled that may interfere with Father's time, she should advise Father as soon as possible with respect to such vacation. 7. On exchange of custody, in situations where the Mother delivers the child to Cambria County for the Father's periods of temporary custody, the time of exchange on Friday evenings shall be 7 P.M. and the time of exchange on Sunday shall be 5 P.M. When the Father picks the child up in Shippensburg on Friday evening and takes the child back to Shippensburg on Sunday, the time for exchange of custody shall be 5 P.M. on Friday evening (at Father's option) and 7 P.M. on Sunday evening. 8. The parties shall continue to handle the holiday schedule as they have in the past as agreed upon by the parties. 9. Father shall be afforded reasonable telephone contact with the minor child with the suggested times to be every Wednesday at approximately 7 P.M. and one time on the weekends that the Father does not have custody. These -, .,,-.,:,,--, , ~ "~, , ',"'l ,~ ,I" , II,h scheduled telephone calls may be replaced with calls from the child to the Father which the child may initiate via collect telephone calls. 10. The above is a shared custody arrangement and the appropriate public bodies, including school districts, should share with both parents the relevant information concerning the minor child. However, this Order shall not be construed that would allow the Father to remove the child from school without written consent from the Mother. 11. Neither party shall take the child out of state for an overnight visit without first advising the other parent of the location where the child will be staying to include telephone number and address and the duration of the anticipated stay outside of the Commonwealth of Pennsylvania. 12. This Order is entered pursuant to the attached-.Custody conciliation Report. It is noted that the Father was not in attendance at the Conciliation Conference. In the event that the Father desires to have this Order modified in any fashion, the Father may petition the Court to have the case again scheduled with the Custody Conciliator. Under such circumstances, the Conciliator shall schedule a conference as expeditiously as possible and shall endeavor to schedule a Conference on a Friday afternoon to coincide with a weekend where the Father is coming to Cumberland County for an exchange of custody. In the event a request for a Conciliation Conference is made, the Father himself or through his attorney should advise the Conciliator concerning this provision on scheduling a Hearing. BY THE COURT, Jud cc: Carol J. Lindsay, Esquire Harold S. Irwin, III, Esquire Daniel M. Schenk ~"",,,,-<,---C:L "-/13/% J,.I~. ,- .: ~ "~" v ! ~. .- (: ~ :~i 'I ,.. \ , 'j.' ~ -' -... cJ - - /\s..- ~_,:.' ::,..,'__ ~~-'::'J::"; ..; "" -,' . ",,_~o_, - "',,' ,_, . ", ? ,,,"",,_, to . _ - ,-';'-,-'" " c:\wpSl\cjl\c:ustady\a!.ikuic.mod rue # 4404-94-01 . . I ... - v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL LAW - CUSTODY NO. 94 - .sd'~.b CIVIL TERM IN CUSTODY LINDA R. MIKESIC, Plaintiff/petitioner DANIEL M. SCHENK, Defendant/Respondent ORDER OF COURT AND NOW this fo;t1v day of -rI1()..1.<N , 1997, upon consideration f' Ii of the within Petition, a R.uJe is issued.,upon Respondent to show caLJse, if anl ",-""hy his contact with il the child, Rae Ann Schenk, born December 11, 1985, should not be significantly curtailed. Ii ~I !ii t! ~! ~i ~! 1" i .' II il I, ~\ " l; RULE returnable at a hearing set for the 14th day of April, 1997, in Court Room No. 3 at the Cumberland County Court House in Carlisle, Pennsylvania at 9:30 o'clock A-. M. By the Court, j'" t: I i : ;0:: I c: i I f:i I H I I,' 1-'1 f.:' , I' I I:, I, I r I I' I I i. I',,,", ~._. / s I_)je~ 0_ c... ~'--" J. Exhibit TlB" ''''~~,''''r,'>-''.-_r-''''_.~'~''.oy ..,-'" - .. ,_,!.",,'--.," _ =c ""~ " -'T>--<; -. _ f-" C:\Wp51\cjl\custocly\mikesic.mod me # 4404-94-01 , , LINDA R. MIKESIC, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL LAW - CUSTODY NO. 94-5856 CIVIL TERM DANIEL M. SCHENK, Defendant/Respondent I I I NOW comes Unda R. Mikesic, by and through her counsel, FLOWER, MORGENTHAL, I I , i I , j , I I I I I , IN CUSTODY PETITION FOR MODIFICATION FLOWER & LINDSAY, and petitions this Honorable Court as follows: " j I :1 1 I 'I ,i I I :1 I ,i \! 1. Plaintiff/Petitioner is Unda R. Mikesic, an adult individual, who currently resides at 9 Highland Avenue, Shippe-nsburg; Cumberland County, Pennsylvania. . 2. Defendant/Respondent is Daniel M. Schenk, an adult individual, who currently resides at R. D. 1, Box 81, Ebensburg, Cambria County, Pennsylvania. 3. The parties are parents of Rae Ann Schenk, born December 11, 1985. 4. On February 13, 1996, pursuant to a custody conciliation, this Honorable Court entered an Order of custody. II I I ! il 1 I i ., 5. Since the entry of the Court's Order, circumstances have changed so that the Order should be substantially modified. They include: A. Threats by the Defendant not to return the child after visits; B. Respondent's permitting a substantial period or time, seven months, without contact with the child. I I ! ,-"- - -~- ',' " c.:\wp51\cj1\eusWdY\!Pikcsic.,mod me # 44M-94-0t .. " C. Petitioner's learning that Respondent consorted and permitted the child to consort with drug users and/or dealers. D. The child's decision that she does not want to visit with Respondent. 6. Petitioner believes and therefore avers that the best interest and permanent welfare of the child will be served by significantly limiting Respondent's periods of partial custody. 7. A hearing on a Petition for Contempt against Petitioner herein, brought by Respondent, is scheduled for April 14, 1997 at 9:30 a.m. Petitioner seeks joinder of a hearing on the present Petition with that scheduled for April 14, 1997. ~- = WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondent to show cause why, if any, his contact with the child, Rae Ann Schenk, born December 11, 1985, should not be significantly curtailed. Rule returnable u FLOWER, MORGENTHAL FLOWER & LINDSAY Attorneys for Plaintiff/Petitioner I I I , I I I II II I, By: Carol J. Undsay, squire 10 # 44693 11 East High Street Carlisle. PA 17013 (717) 243-5513 2 :1 <T~L . ,-~~, _-'_'-1- ~..__.-''',,;1, ,',~. "'F-,~"_'"""' ,. .'"- . --'I "-,. ,- VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !l 4904, relating to unsworn falsification to authorities. /. I Ut~th tJY C .. ~. Und,say J D/ I . A-.u-lk,A/tA. Z ";:r1 ~ Date: 3/3/17 I I '~'I!ifII - "c',,,:._, '~_'i -,,'I ->-,,:'. '. n,,, -'F-~~<",",,_~=:- - ~. - -. ,~".,~ - .,.",- . o __,_. c:\wpSl\cjl\custOdy\rDik.csic.mod me # 4404-94-01 , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL LAW - CUSTODY NO. 94-5856 CIVIL TERM LINDA R. MIKESIC, Plaintiff/petitioner DANIEL M. SCHENK, Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE ~ /,' AND now, this 3 day of ~ u:k---.. ./ of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys, hereby certify that I i i I i i . , 1997, I, Carol J. Lindsay, Esquire, served the within Petition to Modify Custody Order this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: John D. Brenner, Jr., Esquire Hitner House, Suites 201 and 202 35 East High Street Carlisle, PA 17013 FLOWER, MORGENTHAL FLOWER & LINDSAY Attorneys for Plaintiff/Petitioner By: Carol J. Lin say, Esquire ID # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 i i ;~1 >;. , i 'I I i :: I 'I :1 'I j 'i :1 I I '! ,~ <-'-0","", ''',_'_ '7, ~ '.'" J 1 <_~_ ,_ .-h' _ _ ." ',-_.-'"'~-,,'~' - , '~'l ?~, "" II VERIFICATION I verify that the statements made in the foregoing Petition for Change of Name are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: .::< u )... 'i ? () : ).. \J 'U 0 A~" { "k' . ~\ ,v'," C, {\. I, ., \, (,~ L( Cmda R. Mikesic JFtU2.J\c\)"'-,)\./k~ Rae Ann Schenk i I ; t: ,; ~', '....;: < . ~ .; r(~;,';r""~ .-, r ,",\\ "~.:~"'__ - ."~3;_'~(-, "' ,',-'(;:' , ~-'--""-" ,:-"(-,'-- "'~ ,.. '_'W____ 'e_'. .j', -. '-i' c ~'.", :r' ~,-- " ..... I~ I . .,.,' 'I , ,i , -'''1\!!ll!;" ~~, . II II SOUTH CENTRAL HOME SETTLEMENTS, INC. 126 EAST KING STREET SHIPPENSBURG, PA 17257 Telephone (717) 532-7387 Fax (717) 532-6552 Judgement and Lien Certificate Date Issued: October 27,2000 No. 00-5424 Civil The information contained in this report is issued to and for the benefit of: David P. Perkins, Esq. We have searched and examined the lien records in the Office of the Recorder of Deeds and the Office of the Prothonotary in and for Cumberland County, Pennsylvania, for a period beginning 01/01/1985 and ending 10/26/2000 for Rae Ann Schenk. We hereby certify: There are no judgements, decrees or other matters entered of record against Rae Ann Schenk. There are no real estate transactions or mortgages on record involving Rae Ann Schenk. This report does NOT reflect unindexed or misindexed matters or any unrecorded or off record matters that may affect said individual or any matters recorded prior to 01/01/1985 or after 10/20/2000. The maximum liability assumed hereunder is $500.00. South Central Home Settlements, Inc. By ~ ~(1L Authorizei% ~a~(f ,.. 'PETITIONER'S ~ EXHIBIT 1 Z Ii i /I -3 -f){) <;;;.lZ,s -- " , ...,. ~ ~~- .~.-l"1"-.*"""'_~ri;' SP 4-198 (11-99) PENNSYLVANIA STATE POLICE CENTRAL REPOSITORY 1800 ELMERTON AVENUE HARRISBURG, PA 17110 717-783-3762 PROTHONOTARY CUMBERLAND COUNTY COURT HOUSE ROOM 203 CARLISLE PA 17013 DATE: September 7, 2000 RE: SID: NAME: Schenk, Rae Ann sac: COURT DOCKET #: 00-5424 Ci vil Dear Sir: In accordance with the Name Change Act of 1998, the fingerprint cards of the above named individual, who has applied for a name change, has been searched in the files of the Pennsylvania State Police, Criminal Records and Identification Division Central Repository, and; 001 ( ) ( ) ( ) ( ) This person is not subject to 18 Pa.C.S. Chapter 91, and the fingerprints have been destroyed. . _" . ~ " This person is subject to 18 Pa.C.S. Chapter 91, and the name change has been noted on the person's crirhinal history record information,' . , A criminal record was revealed containing felony convictions. IN ACCORDANCE WITH THE NAME CHANGE ACT, THE COURT SHALL NOTIFY THE PENNSYLVANIA STATE POLICE WHEN A NAME CHANGE FOR A PERSON CONVICTED OF A FELONY HAS BEEN ORDERED. The Pennsylvania State Police, upon receipt of this notice, shall include the change of name information in the Central Repository as provided for in 18 Pa,C,S" Chapter 91 (relating to criminal history record information). This person has been convicted of felony violation(s) for which the court may not order a change of name. A criminal record was revealed that might prohibit a name change. Because the subsection(s) of the affected conviction(s) has not been provided to us, we are unable to determine whether a name change can or cannot be made, Please provide the subsection(s) of the following crime(s): if available, You are also advised that the above response is' based on comparison of fingerprints and associated requester-furnished information against a name index and fingerprints contained in the files of the Pennsylvania State Police Central Repository - only - and does not preclude the existence of other criminal records which may be contained in the repositories of other local, state, or federal criminal justice agencies. If we may be of further assistance to you concerning this matter, please contact us at the above address or telephone number. ". ,,_0_ '" , ,~_ _, , t__.'~ Sincerely, r'.....l 'f ~ r ) .1 /'/l'l? ;;;/~.--:;.<-t;J..fio,;,c. Director, Criminal Records and Identification Division . ,- - '-'-,- '--, ~ _."!'" "'~'___~r"__"",.~",,__~~;_, ,-,., , - ,~, , . II ~~~ """., -"'=-~ yw'''''' (') (:::-i - f; G " f:,~:' ~f") "-71 IT1 Ci -oJ. .2. Z [~- C!) C. , ~< r' i::::~- -- j-:;; ,-, z /'-.-, 5> ::O;.,~ :..) I ~ ~~ ..<:::- ::';1 -~ e,\ ~~? ~"::" , , _"m. ,~, .~ J'c,"-"" .. , IN RE: PETITION FOR NAME CHANGE OF: RAE ANN SCHENK, minor, by her mother, LINDA R. MIKE SIC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 00-5424 CIVIL TERM ORDER OF COURT AND NOW, this (crttday of September, 2000, upon consideration of the attached Petition for Change of Name, a hearing is scheduled for Friday, November 3, 2000, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED that notice of the filing of said Petition and the aforesaid date, time and place of the hearing be published once in the Cumberland Law Journal and a newspaper of general circulation in the County at least 10 days prior to the hearing; in addition, Petitioner shall comply with all other requirements ofC.CRP. 5, and the Act of December 16, 1982, P.L. 1309,96 (see 54 Pa. C.S. ~701 [Historical and Statutory Notes] [Main VolumeD, and 54 Pa. C.S. 99701 et seq. (1999 Supp.). BY THE COURT, _ ...~ 00 C~ q~ ~~)~ ~K David P. Perkins, Esq. 126 East King Street Shippensburg, P A 17257 Attorney for Petitioners :rc ''',. .".",., ". _0 . ,.. - ,," ~" ~',.~~,"",,~ - ".C L.Jt'" .>_';"'''''~''~iiiU t """~""':~jdllii>J!~iWI111li!llliill"!r-"J ::: ,~, " IoIiJiilliu.. Fj!,."ED-~O~:FfCE ~,,.... - .... '''\..-. I(~! ',....-~R'.' Ur' c:'.,_':~-,.\'~Ulf.\i '( 00 SEP 20 J\.i'i II: I ! CUM8Ef,U',NP COUNTY PENNSYLVANIA '" - ~~ Ml .. ,,' .' 'l<; I , I I ,. ~ ~"' " I' , ' IN RE: PETITION FOR NAME CHANGE OF : IN THE COURT OF COMMON RAE ANN SCHENK, minor, by her : PLEAS OF CUMBERLAND COUNTY mother, LINDA R. MIKESIC : PENNSYLVANIA A' _ () Petitioners : NO. 1'l6 - ,f:)'-j -;;Lt cw--<.JG : NAM'E CHANGE PETITION NOTICE 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 days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing 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 property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER 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 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 WEIGLE, PERKINS & ASSOCIATES - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 - "''''! - I' IN RE: PETI1l'ION FOR NAME CHANGE OF RAE ANN SCHENK, minor, by her mother, LINDA R. MIKESIC, Petitioners IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : PENNSYLVANIA : NO. : NAME CHANGE PETITION ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the within Petition for a change of name and upon motion of David P. Perkins, Esquire, it is hereby ordered that a hearing on the petition of Rae Ann Schenk for change of name IS fixed for , 2000, at M., in Court Room Number of the Cumberland County Courthouse, Carlisle, Pennsylvania. It is further ORDERED that notice of the hearing shall be given by publication one time in the Cumberland County Law Journal, and one time in a newspaper of general circulation in the county. 1. WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~I ~\ ~l [: ri ~; rl " 1: !I . . IN RE: PETITION FOR NAME CHANGE OF RAE ANN SCHENK, minor, by her mother, LINDA R. MIKESIC, Petitioners IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : PENNSYL VANIA -r- : NO. OtI--5'I.2 'I~ 1..Lv- : NAME CHANGE PETITION PETITION FOR CHANGE OF NAME TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Now comes Rae Ann Schenk, a minor, by and through her mother, Linda R Mikesicand states the following: 1. Linda R Mikesic is an adult individual, presently residing at 9 Highland Avenue, Shippensburg, Cumberland County, Pennsylvania, and is the mother of Rae Ann Schenk.. 2. Rae Ann Schenk, born December 11, 1985, is the fourteen (14) year old minor child of Linda R. Mikesic and Daniel M. Schenk, who are divorced. Linda R Mikesic married Stephen R Mikesic in 1992. Rae Ann Schenk has resided primarily with both her mother Linda and her step-father Stephen at 9 Highland Avenue, Shippensburg, Cumberland County, Pennsylvania since October 1993. 3. Petitioners desire to change the child's surname from Schenk, the surname of the natural father, to Mikesic, that of her stepfather, so that the child's full name would be Rae Ann Mikesic. 4. Petitioner, Rae Ann Schenk, has expressed a desire to be adopted by her stepfather, Stephen R Mikesic. Her natural father, Daniel M. Schenk has refused to consent to the adoption. 5. The minor child has not had a close bond with the natural father or his family since her parents separated in August 1987. 6. On February 13, 1996, following a custody conciliation this Honorable Court entered a custody order, a copy of which is attached hereto and marked Exhibit "A". 7. Following the entry of the order, the natural father had no significant contact with the minor child and did not pursue visitation with her. 8. In 1997 the natural father filed a contempt petition and mother filed a petition to modify custody. On March 6, 1997, this Honorable Court entered an Order, a copy of which is attached hereto and marked Exhibit "B". Upon agreement of the parties the hearing was continued generally and the cross-petitions were resolved by an agreement to have Daniel Schenk and Rae Ann Schenk enter into connseling. 9. The counseling lasted less than a year and did not result in any progress in the relationship. WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397 .- II 10. Since the termination of counseling, natural lather has not pursued visitation with the minor child. Natural lather's last exercised visitation was on or about December 1995. II. Since her mother's marriage to Stephen R Mikesic in 1992, Rae Ann Schenk: has developed a strong, close bond with her steplather. She refers to Stephen R Mikesic as "dad". 12. On January 14, 1996, a daughter was born to Stephen R Mikesic and Linda R Mikesic. Her name is Valerie Rose Mikesic. 13. Rae Ann Schenk: desires to change her surname to Mikesic so that she can feel a part of her family with whom she resides. 14. Having a different surname from the rest of the family causes Rae Ann Schenk: embarrassment and discomfort in public. One example is that doctor's appointments often result in confusion because her name is Schenk: but the mother and steplather, who are responsible parties, are named Mikesic. 15. In September 2000, Rae Ann Schenk: will start school at the Shippensburg Area Senior High School. It is important to her to be known in high school by the surname Mikesic. 16. Natural lather resides in Ebensburg, Cambria County, Pennsylvania. The reputation of the natural lather in the community is that he has been previously convicted of at least one alcohol related offense and there have been allegations of involvement in drug related activities. Natural lather has a poor employment history and it is believed that he is unemployed at this time. 17. The best interests of the minor child would be best served by granting the requested name change. 18. There are no judgments or decrees of like character against Rae Ann Schenk:. WHEREFORE, Your Petitioners pray Your Honorable Court, pursuant to the Act of April 18, 1923, P. L. 75 ~2, as amended, 54 P.S. ~701, to enter a decree changing her name from Rae Ann Schenk: to Rae Ann Mikesic. WEIGLE, PERKINS & ASSOCIATES BQ~ c. ()~ DavroP.Perkllffi,E~uire Attorney for Petitioners Attorney ill #34342 126 East King Street Shippensburg, P A 17257 (717) 532-7388 WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ,.,;- ~ v :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 5856 - CIVIL - 1994 LINDA R. MIKESIC, Plaintiff DANIEL M. SCHENK, Defendant ~ AND NOW, this \ 3 day of of the attached Custody directed as follows: :CIVIL ACTION - CUSTODY R , 1996, upon consideration Report, it is ordered and 1. The existing Order of Court in the above case is hereby vacated. 2. The Mother? 'Linda,R. Mikesic, and the Father;-Dal'liel M. Schenk, shall enjoy'shared legal custody of Rae Ann Schenk, born December II, 1985. 3. The Mother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. For two weekends per month. One weekend shall be the standard Friday evening at 5 P.M. until Sunday evening at 7 P.M. The second weekend shall be the weekend during the month in the school year when the child has a long weekend off from school. For the next few months, these weekends shall include February 16 through 19, April 5 through 8, and May 24 through 27. March does not include an extended weekend vacation. On those three mentioned weekends when the Father shall have the child over through Monday, Father shall return the child at 7 P.M. B. ~ather shall also enjoy legal custody of the minor child for three separate ten day periods during the summer months. These three ten day periods shall be non-consecutive and it shall be attempted to work out an arrangement whereby there is a reasonably consistent number of days in between the three ten day time frames throughout the summer months. During the summer months and during the time that the Father is enjoying the extended periods of temporary custody as Exhibit "A" _"w., ',~, ,-, , , ~ ""'. '-'. ,. " outlined in this paragraph, the two weekend per month schedule shall be suspended. The weekend schedule shall apply only during the school year with the ten day schedule as outlined in this paragraph to apply during the summer months. 5. Transportation shall be shared between the parties on an equal basis. However, in light of the Mother's current medical situation, Father shall handle all transportation for exchange of custody for February, March and April. Commencing in May, Mother shall again handle 50 percent of the transportation and she shall also make up to the Father before the end of the year three times of transportation to compensate Father for the extra transportation he performed during February, March and April. Mother reserves the right to elect to do her transportation on specific weekends that her current husband needs to go back to Cambria COllnty for ,.his. National Guard commitments,_or on such weekends that Moth~r has plans to go and visit her family in Cambria County. Mother shall advise Father at least thirty days in advance as to when she intends to exercise her exclusive option to select a weekend for her transportation. 6. Father shall advise Mother by May 1 of each year as to the periods of time that would be allotted to the Father during the summer months. In the event that Mother has a vacation time herself scheduled that may interfere with Father's time, she should advise Father as soon as possible with respect to such vacation. 7. On exchange of custody, in situations where the Mother delivers the child to Cambria County for the Father's periods of temporary custody, the time of exchange on Friday evenings shall be 7 P.M. and the time of exchange on Sunday shall be 5 P.M. When the Father picks the child up in Shippensburg on Friday evening and takes the child back to Shippensburg on Sunday, the time for exchange of custody shall be 5 P.M. on Friday evening (at Father's option) and 7 P.M. on Sunday evening. 8. The parties shall continue to handle the holiday schedule as they have in the past as agreed upon by the parties. 9. Father shall be afforded reasonable telephone contact with the minor child with the suggested times to be every Wednesday at approximately 7 P.M. and one time on the weekends that the Father does not have custody. These " eo" __;__ _ 1" """~',_ ,'." ~ o,'~~ " _J._ , .'" _ _,_ ",0 - ", ~. _ .' ,~ scheduled telephone calls may be replaced with calls from the child to the Father which the child may initiate via collect telephone calls. 10. The above is a shared custody arrangement and the appropriate public bodies, including school districts, should share with both parents the relevant information concerning the minor child. However, this Order shall not be construed that would allow the Father to remove the child from school without written consent from the Mother. 11. Neither party shall take the child out of state for an overnight visit without first advising the other parent of the location where the child will be staying to include telephone number and address and the duration of the anticipated stay outside of the Commonwealth of Pennsylvania. ..12. This Order is entered pursuant to theattached~Custody Conciliation Report. It is noted that the Father was not in attendance at the Conciliation Conference. In the event that the Father desires to have this Order modified in any fashion, the Father may petition the Court to have the case again scheduled with the Custody Conciliator. Under such circumstances, the Conciliator shall schedule a conference as expeditiously as possible and shall endeavor to schedule a Conference on a Friday afternoon to coincide with a weekend where the Father is coming to Cumberland County for an exchange of custody. In the event a request for a Conciliation Conference is made, the Father himself or through his attorney should advise the Conciliator concerning this provision on scheduling a Hearing. BY THE COURT, Jud cc: Carol J. Lindsay, Esquire Harold S. Irwin, III, Esquire Daniel M. Schenk ~~, "-113/%, }"t>. I ",~.'.'''''~':~~'?~,';r,8 " ..... (~.., ,1 C:, .", .,'" \ ','1 '. \ <2.-:;.::1 oJ..,} ("" - .' 0..:1 "v'" ",.r,-;\;~,\'. -', ",,-_,~,::" -~.':\l.:'0 "-..ll_-.l~'::l;~ ~O-U~ 1I.:l ..-,.H...l_ c:\wpSl\cjl\custOdy\mikesic.mod faJ~ 114404-94-01 " , . , , ... - v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL LAW - CUSTODY NO. 94 - .sd'~.b CIVIL TERM IN CUSTODY LINDA R. MIKESIC, Plaintiff/petitioner DANIEL M. 'SCHENK, Defendant/Respondent ORDER OF COURT AND NOW this fo;t1v day of -rI1()..1.<N , 1997, upon consideration Of the within Petition, a ~e isis~uEld,cllP(;ln ResIJondent to show c.~~::;,~! if an.J~';\Ihy his contact with . -~.- the child, Rae Ann Schenk, born December 11, 1985, should not be significantly curtailed. RULE returnable at a hearing set for the 14th day of April, 1997, in CourtRoom No. 3 at the Cumberland County Court House in Carlisle, Pennsylvania at 9:30 o'clock A-. M. By the Court, IS Ih4 0- c.. ~'--" J. Exhibit "BII . ", -.-7' '.~'__': 'n '_.n,' ~ ~ '. h'. ,. .,.- ~'.-' ,",_.," -- '--~ '".n,,__ "7'1 .0, "~ ", -...,,-, e:\wp51\ejl\eustody\mikcsie.mod flk # 4404-94-01 " LINDA R. MIKESIC, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL LAW - CUSTODY NO. 94-5856 CIVIL TERM DANIEL M. SCHENK, Defendant/Respondent . IN CUSTODY PETITION FOR MODIFICATION NOW comes Unda R. Mikesic, by and through her counsel, FLOWER, MORGENTHAL, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. Plaintiff/Petitioner is Unda R. Mikesic, an adult individual, who currently resides at 9 Highland Avenue, Shippensburg; Cumberland County, Pennsylvania: . 2. Defendant/Respondent is Daniel M. Schenk, an adult individual, who currently resides at R. D. 1, Box 81, Ebensburg, Cambria County, Pennsylvania. 3. The parties are parents of Rae Ann Schenk, born December 11, 1985. 4. On February 13, 1996, pursuant to a custody conciliation, this Honorable Court entered an Order of custody. 'I 5. Since the entry of the Court's Order, circumstances have changed so that the Order should be substantially modified. They include: A. Threats by the Defendant not to return the child after visits; B. Respondent's permitting a substantial period or time, seven months, without contact with the child. , I I, " " - . -', '.=.'" ~- . ~,-,~,_ h,' ^ "^," - ,-, _.' - ,: ";~ '. c:\WPSl\cjI\cuslOdy~csic.mod file 114404-94-01 C. Petitioner's learning that Respondent consorted and permitted the child to consort with drug users and/or dealers. D. The child's decision that she does not want to visit with Respondent. 6. Petitioner believes and therefore avers that the best interest and permanent welfare of the child will be served by significantly limiting Resp'ondent's periods of partial custody. 7. A hearing on a Petition for Contempt against Petitioner herein, brought by Respondent, is scheduled for April 14, 1997 at 9:30 a.m. Petitioner seeks joinder of a hearing on the present Petition with that scheduled for ApriH4, 1997,. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondent to show cause why, if any, his contact with the child, Rae Ann Schenk, born December 11, 1985, should not be significantly curtailed. Rule returnable u FLOWER, MORGENTHAl FLOWER & LINDSAY Attorneys for Plaintiff/Petitioner By: Carol J. Undsay, squire 10 # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 I 2 i i i " ~^' . :'!"<'"" . e_'''''''", " '1.--,-_''-" .,~ _, 1 c" ~--; . ,- ;','-- ,-.. , ~ .,-,:. .-..~. .',.,. VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !i 4904, relating to unsworn falsification to authorities. , ~~f.k< hv C ' J. Undpay J ['/ l ' AAVlt:&-c -htA. t "id c.... Date: 3/3/17 I I :1 e{'., , ", ,_o",....~ .. __ ',,"".F .,",,' "' . '.., " - '''''',,-", ~._, , cl. c:~wp51\cj1\c~tody\mikesic.mod me # 4404-94-01 LINDA R. MIKESIC, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL LAW - CUSTODY NO. 94-5856 CIVIL TERM DANIEL M. SCHENK, Defendant/Respondent IN CUSTODY I I CERTIFICATE OF SERVICE i .~ /. I AND now, this 3 day of 4t..dU:k----. , 1997, I, Carol J. Lindsay, Esquire, I / I of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys, hereby certify that I i I served the within Petition to Modify Custody Order this day by depositing same in the United ! i States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania; addressea to: I John D. Brenner, Jr., Esquire Hitner House, Suites 201 and 202 35 East High Street Carlisle, PA 17013 FLOWER, MORGENTHAL FLOWER & LINDSAY Attorneys for Plaintiff/Petitioner i I I I I By: Carol J. Lin say, Esquire ID# 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 I I I I i Ii 't'Y '" o' __"'0 _ =~'_~'n'. . -' , '_ , ,,~V_" _~ _"'" ,~,__ ~_ >'_'''_ " VERIFICATION I verify that the statements made in the foregoing Petition for Change of Name are true and correct. I understand that fulse statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: ::r u J...'( '::2 () I).. I:) ~ 0 ~(j:Jn ~,0\-'~O"'''':L mda R. Mikesic ~~ Rae Ann Schenk WEIGLE, PERKINS & ASSOCIATES ~ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 172S7~1397 I', PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 .;av- 5'1:'1 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgentha1, Esquire, Editor of the Cumberland Law Joumal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz OCTOBER 6, 2000 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are c-/~ Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this ---2....dayof OCTOBER. 2000 NOTARIAL SEAL LOIS E. SNYDER, H9Iory Public Carlhl. Boro. CUmb......nd Caunly, PA My Commi..... Expi'.. March-S, 2001 '-~""'~"ff"l!j''''f'I'lf ""Ii!j - -" -",.. -." ,-- ~"'--"."- -, - ~-~'-"'~".~~' NAME CHANGE NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 00-5424 Civil IN RE: PETITION FOR NAME CHANGE OF RAE ANN SCHENK. MINOR, BY HER MOTHER, LINDA R MIKESIC NOTICE IS HEREBY GIVEN that the petition of Rae Ann Schenk. mI- nor, by her mother. Linda R. M1kesic. was filed in the above-named Court, requesting an order to change the name of Rae Arm Schenk to Rae Ann Mikeslc. The Court bas fixed Frtday, Novem- ber 3,2000. at9:30 a.m" In Courtroom No, I, of the Cumberland County Courthouse, Carlisle, Pennsylvania, as the time and place for hearing on said petition, when and where a111n- terested persons may appear and show cause, if any, why the prayer of the petitioner should not be granted. DAVID p, PERKINS, ESQUIRE WEIGLE. PERKINS & ASSOCIATES 126 East KIng Street Shippensb~, PA 17257 (717) 532-7388 Oct, 6 2 Cumberland Notices , ~ ~ -!'!' Proof of Publication of Notice in " THE NEWS-CHRONICLE COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA MAR07 BARBARA C. THOMPSON, being duly sworn according to law, deposes and says that she resides in Southampton Township, County of Franklin, and Commonwealth of Pennsylvania; that she is the EDITOR of The News-Chronicle, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, having its offices and principal place of business in the Township of Shippensburg, County of Cumberland and Commonwealth of Pennsylvania; that she is authorized to and does make this affidavit on its behalf; that The News-Chronicle Company was established August 27, 1927; that it publishes "The News-Chronicle"; the said "The News-Chronicle" has been issued regularly semi-weekly since August 27, 1927 in said County of Cumberland; that the printed notice, advertisement or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of the said "The News- Chronicle," on the following dates, viz.: SEPTEMBER 29, 2000 Co of Notice ofPubiication Affiant further deposes that she and The News-Chronicle Company are not interested in the subject matter of the aforesaid notice of advertisement. and that all allegations in the foregoing statement as to time, place and character of publication are true and correct. ~.C..~..,__.;. NAME CHANGE NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania .:. No. 00-5424 Civil IN RE: PETITION FOR NAME CHANGE i . OF RAE ANN SCHENK, MINOR BY , ... HER MOTHER, LINDA R. MIKESlC ., "" ,:NOTI~E, IS HEREBY GIVEN .~at the petition of Rae Ann ! . Schenk, nDJ.1Ql", by her mother, Linda,., Jl. Mikeaic waS filed in the " I::.: 'above-~med Court,. requeating-a~ orner to c1ta'nge the name of"-) I . ,. ,~e Ann ~chenk to Rae Ann Mikesic~ '_' .' ,,: ! .i:,:'> ',"::The C~~ has fixed lhidfl>', ,z:.r~:v:cmiber 3, 2000, at 9:30 a.m,": :,..:,..}.Il ,C~urttOOm No. I, of the Cum.ber~~II,d County Courthouse, ; . : O,W:11,sle, Pen~Ylvania, 88- th~ time 'arid place fur hearing on said. i ",:,:~tition, wh~~ and where aD Interested persons may appeal' and'- show cause,.,i( any, why the prayer of the petitioner should not be . . granted. .. I , David P. Perions, Esquire I WEIGLE, PERKINS & ASSOCIATES . .126: Eaet. King Street Shippensburg, FA 17257 (717) 532-7388 Sworn and subscribed to before me this...........29.th..............day of . SEPTEMBER, ,2000 .....~...c:J,.~... Notary Public Nolanal Seal M ... Grace M. Keiter, Notary Public y CommISSIon expIres...... ....Shlppern;btlTg'Boro:Ctlmb'er1and'Count1.... ........... My Commission Expires June 9, 2002 Member, Pennsylvania ASSOCIation of NotarIes , Adv. NC Sept. 29 TO THE NEWS-CHRONICLE, Dr. For publishing the notice attached hereto on the stated dates................................ $....3.l_.O'S. Affidavit.......................................... ..... $...... .~.:..? ~. Total...................................................... $....33...0B.. , . HAROLD S. IRWIN, III, ESQUIRE SUPREME COURT ID NO. 29920 35 EAST HIGH STREET CARLISLE, PA non 717-243-6090 IN RE: PETITION FOR NAME CHANGE: IN THE COURT OF COMMON PLEAS OF OF RAE ANN SCHENK, minor, by her : CUMBERLAND COUNTY, PENNSYLVANIA Mother, LINDA R. MIKESIC, Petitioner : NO. 00 - 5424 CIVIL TERM : NAME CHANGE PETITION NOTICE 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 filing 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 judgment 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 property 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 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9180 or (717) 249-3166 "'. - , ,',:'" ' - ,~.,-~,->'" ,. ~ - "-., ",' '.-" _,or = . <- -. IN RE: PETITION FOR NAME CHANGE: IN THE COURT OF COMMON PLEAS OF OF RAE ANN SCHENK, minor, by her : CUMBERLAND COUNTY, PENNSYLVANIA Mother, LINDA R. MIKESIC, Petitioner : NO. 00 - 5424 CIVIL TERM : NAME CHANGE PETITION ANSWER WITH N,EW MATTER AND COUNTERCLAIM NOW comes Daniel M. Schenk, by his attorney, Harold S. Irwin, III, Esquire, and responds to this petition, representing as follows: 1. The averments of paragraph one of petitioner's petition are admitted. 2. The averments of paragraph two of petitioner's petition are admitted. 3. The averments of paragraph three of petitioner's petition are admitted. 4. The averments of paragraph four of petitioner's petition are admitted. 5. The averments of paragraph five of petitioner's petition are admitted in part and denied in part. It is admitted that in recent years petitioner has thwarted all efforts of the respondent to maintain any kind of contact or relationship with his daughter, Rae Ann Schenk. However, previous to the petitioner's concerted, purposeful and consistent actions to prevent the respondent's desire to have regular and meaningful contact with his daughter, including, without limitation, her blatant contempt of the custody order and her refusal to permit even reasonable telephone contact between respondent and his daughter, respondent and the child did enjoy a close bond and relationship together and with respondent's family. 6. The averments of paragraph six of petitioner's petition are admitted. '~, " . u,.< _'" f1'. -~ ."- . . , -~ 7. The averments of paragraph seven of petitioner's petition are specifically denied. To the contrary, respondent maintained as much contact as the petitioner's willingness to abide by the Order permitted. Furthermore, by the petitioner's own averments in paragraph eight of her petition, respondent filed a contempt petition in an effort to obtain petitioner's compliance with the February 13, 1996 Order, which Order the petitioner continues to ignore. 8. The averments of paragraph eight of petitioner's petition are admitted. 9. The averments of paragraph nine of petitioner's petition are admitted in part and denied in part. It is denied that the counseling did not result in any progress in the relationship between respondent and his daughter. In the alternative, if the counseling was, in fact, unsuccessful, such lack of success was due directly and specifically to the petitioner's concerted, purposeful and consistent actions to prevent the respondent's desire to have regular and meaningful contact with his daughter, including, without limitation, her blatant contempt of the custody order and her refusal to permit even reasonable telephone contact between respondent and his daughter. Furthermore, respondent discontinued counseling due to his inability to meet the expenses thereof and his recognition of the fact that petitioner had no intent whatsoever in cooperating with the aims of the counseling to strengthen the relationship of respondent and his daughter and that respondent, in fact, was committed only to preventing such result from being realized. 10. The averments of paragraph ten of petitioner's petition are denied. By petitioner's own averments in paragraph eight of her petition, respondent filed a contempt petition in an effort to obtain petitioner's compliance with the February 13, 1996 Order, which Order the petitioner continues to ignore. By way of further answer, respondent believes and therefore avers that he has had visitation and / or partial custody of his daughter since December, 1995, although he does admit that petitioner has done eVerything in her power to prevent that from occurring. Furthermore, to the :1 I ! 1 i I f.c:",_ . ." - < - . ''OJ __' ,-,,, . _ ~. _ .~ '-'.' ,',' ,-- , - " .-." , o. extent that respondent has failed to exercise all of his rights to pursue resumption of contact with his daughter, respondent avers that such failure is due solely to his realization that the petitioner is absolutely committed to frustrate all of his efforts to do so and because he does not have the financial resources to continue to resist such efforts by the petitioner, despite his desire to do so. 11. The averments of paragraph eleven of petitioner's petition are denied by reason that after reasonable investigation respondent is without sufficient knowledge or information to form a belief as to the truth of the allegations and proof thereof at the hearing is demanded, if relevant. By way of further response, respondent believes and therefore avers that to the extent that such allegations are true, it is the direct result of petitioner and her husband's resolute efforts to frustrate all efforts on respondent's part to maintain a relationship with his daughter and their encouragement of his daughter's rejection of their relationship and her acceptance of Stephen R. Mikesic as her "Dad". 12. The averments of paragraph twelve of petitioner's petition are denied by reason that after reasonable investigation respondent is without sufficient knowledge or information to form a belief as to the truth of the allegations and proof thereof at the hearing is demanded, if relevant. 13. The averments of paragraph thirteen of petitioner's petition are denied by reason that after reasonable investigation respondent is without sufficient knowledge or information to form a belief as to the truth of the allegations and proof thereof at the hearing is demanded, if relevant. 14. The averments of paragraph fourteen of petitioner's petition are denied by reason that after reasonable investigation respondent is without sufficient knowledge or information to form a belief as to the truth of the allegations and proof thereof at the hearing is demanded, if relevant. However, by way of further response, respondent avers that such alleged "difficulties" are common, are experienced by a substantial ,;;~, ,~_ ", __'F"""~_'''',,,"r~. _"U~,_ ,_,,",~ , ~ '0 _ _< " __ _ '. . - '^" ~~- number of similarly situated parties and are, in this case, only a significant problem because of petitioner's attitude and her unwillingness to accept the fact that respondent is the father of the child and is not only subject to the obligations and duties attendant thereto, but also to the rights and privileges associates therewith, as well as petitioner's own responsibility to foster, rather than thwart the relationship of the respondent with his daughter. 15. The averments of paragraph fifteen of petitioner's petition are denied by reason that after reasonable investigation respondent is without sufficient knowledge or information to form a belief as to the truth of the allegations aAd proof thereof at the hearing is demanded, if relevant. However, by way of further response, respondent avers that any importance which the child associates with the name "Mikesic" is due solely and directly to the petitioner's attitude and her unwillingness to accept the fact that respondent is the father of the child and is not only subject to the obligations and duties attendant thereto, but also to the rights and privileges associates therewith, as well as petitioner's own responsibility to foster, rather than thwart the relationship of the respondent with his daughter. 16. The averments of paragraph sixteen of petitioner's petition are false and are specifically denied. 17. The averments of paragraph seventeen of petitioner's petition are specifically denied. To the contrary, the best interests and permanent welfare of the child would best be served by the enforcement of the present custody order and by the petitioner and her husband's support and encouragement of a stronger relationship between the respondent and the child instead of their continual and resolute efforts to the contrary. ~, .... ,_,h' . C" -~""~_"-._ -/., _'--,- _ , " - ,,' 18. The averments of paragraph eighteen of petitioner's petition are denied by reason that after reasonable investigation respondent is without sufficient knowledge or information to form a belief as to the truth of the allegations. WHEREFORE, respondent demands that petitioner's petition be dismissed and that the Court award to the respondent his costs, expenses and attorney fees in contesting this action. COUNTERCLAIM 19. Respondent incorporates herein by reference his responses to petitioner's petition, paragraphs one through eighteen above, inclusive, as if fully set forth herein at length. 20. The lack of contact between respondent and his daughter in recent years is due solely and directly to the continual efforts of the petitioner and her husband to frustrate all efforts on respondent's part to maintain a relationship with his daughter and their encouragement of his daughter's rejection of their relationship and her acceptance of Stephen R. Mikesic as her "Dad". 21. Furthermore, despite his love and concern for his daughter, respondent has been financially unable to pursue the enjoyment of his rights as the father of Rae Ann Schenk in the face of the concerted efforts of the petitioner and her husband to thwart respondent's every effort to do so. 22. Respondent believes and therefore avers that this petition has been filed solely because of petitioner's arbitrary and capricious lack of good will and cooperation in the development and maintenance of a relationship between respondent and his daughter and not because of any real or valid difficulty the child may be experiencing by '" ' ,- " ,~ ," , - -" - ~ ., - - " continuing to have the name "Schenk" or any association that her name has to the respondent. 23. To the extent that the child may be "voluntarily" participating and cooperating in this action, such participation and cooperation is the direct result of the continual efforts of the petitioner and her husband to frustrate all efforts on respondent's part to maintain a relationship with his daughter and their encouragement of the child's rejection of a relationship with her father and her acceptance of Stephen R. Mikesic as her "Dad". 24. Petitioner and her husband's arbitrary and capricious actions in denying respondent and the child to have any contact has caused unreasonable and unnecessary mental anguish, inconvenience, expense, loss of wages, attorney fees and costs on the part of the respondent in his abortive attempts to enforce the terms of the custody order. 25. Prior to filing the instant petition, petitioner contacted respondent, by mail and through their attorneys, seeking respondent's consent to the adoption of the daughter by the stepfather and, failing that, to the change of the child's name to that of the stepfather. Respondent unequivocally rejected both requests for his consent. 26. The current action to attempt to obtain a court order permitting the change the last name of the child to that of her stepfather is sought in bad faith, primarily for the purpose of furthering petitioner's desire to cut off the respondent from all contact and any relationship with his daughter, made without any compelling cause or legal justification whatsoever and otherwise wholly without any properly recognizable purpose. 27. The arbitrary, capricious, unjustifiable and bad faith nature of this petition constitutes an abuse of the processes of the judicial system and an affront to this Court -",_~p-,__ ,_ , _~I~= ~J" _ " , . such that petitioner should be required to reimburse the respondent for his expenses, loss of wages, attorney fees and costs, not only in the defense of this action, but also in his attempts to enforce the terms of the custody order. WHEREFORE, defendants demand judgment in their favor and against plaintiff for costs and attorney's fees. October 27, 2000 Supreme Court ID # 29920 35 East High Street, Suites 201/202 Carlisle, PA 17013 (717) 243-6090 VERIFICATION I, the undersigned, hereby verify that the facts stated in the above new matter and counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of PA.C.S. Section 4904, relating to unsworn falsification to authorities. //-/ ,2000 ./2-I$.-&u DANIEL . SCHENK Respondent "---.,,- -~ ','-". - ,q '. " ., ,". .- ~.- .",r _ _" ~ .." r . CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of Respondent's ANSWER and COUNTERCLAIM on this 30th day of October, 2000 by placing it in first class certified mail, return receipt requested and postage prepaid, addressed as follows: DAVID P PERKINS ESQ MARK WEIGLE & PERKINS 115 EKING ST SHIPPENSBURG PA 17257 Attorney for Petitioner HAROLD S. IRWIN, III Attorney for Respon nt Supreme Court ID # 299 35 East High Street, Suites 201/202 Carlisle, PA 17013 (717) 243-6090 '-~"--.,, - - -- " - _.^ .0"1.'-, "_".., ,. _" -,'." , . , _" c_ _~,,' '''co'''''' <01 , '-,'<' '-"," - "~ " ~--"-- ,- ~ ;~ "~-7'~?_9 ,_ _,_ "_~, ,,_.,,~, ~~ '.,~_, ~'"_H _" ____ ~,_ ~__, ,,~ 1 """"'"e'_'~ .,..~ ,,~, ~_. o c:: ~?f: z:::o 2-i1-~: ~:2:: Y'-~' ~q :;;Q L.. ~ ."''"-';' -,- -'",,.,'-,",,-~- o o ~ - ~3 , r-) '----IIilllIIilll'ilr'l/w'j"''< , . -0 :~: Q n -1 ~\ :-n '" -0 ~:!:J ~n',,--,' 4l~1 ;~~ ,j -; ~ -< ::? .. .'-> IN RE: PETITION FOR NAME CHANGE RAE ANN SCHENK, MINOR, BY HER MOTHER, LINDA R. MIKESIC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioners NO. 00-5424 CIVIL TERM NAME CHANGE PETITION IN RE: MATTER TAKEN UNDER ADVISEMENT ORDER OF COURT AND NOW, this 3rd day of November, 2000, upon consideration of the petition for Name Change filed in the above-captioned matter, and following a hearing, the record is declared closed, and the matter is taken under advisement. By the Court, UIe- J. .Wesley David P. Perkins, Esquire Attorney for Petitioners \ )e~.~ I/-OC,.N r' Harold S. Irwin, III, Esquire Attorney for Natural Father srs V1NV^l . ' AlNnOO G,on:] +. ' :;, !iV 9" liUN 00 )..H'./,.,_(-'i' :.::"1.L jO ~'i::~Ji::1:{i-G.:l.; L:l ;":::.! "',~~ , -,-~ 'r' ~-,~ IN RE: PETITION FOR NAME CHANGE RAE ANN SCHENK, minor, by her mother, LINDA R. MIKESIC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 00-5424 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of November, 2000, upon consideration of Petitioner's Petition for Change of Name, and following a hearing held on November 3, 2000, the petition is granted and Petitioner's name is changed from Rae Ann Schenk to Rae Ann Mikesic. BY THE COURT, 1 I i " i I I "I j ~1 David P. Perkins, Esq. 126 East King Street Shippensburg, P A 17257 Attorney for Petitioner I ;,1 :; .~ Harold S. Irwin, III, Esq. 35 East High Street, Suite 201-202 Carlisle, PA 17013 Attorney for Natural Father ~~.~ /J_7-0rJ ~., , ;'1 :rc d ',1 ::i ~ ! ;1 ,"~., ., . .,...m ,', ~ '-, ~,- ,,-,~ ,~' , - .___l . -,,", ',.'- '-"':"-"-';'1 "UI , ~,-,J",;;,[--WJt,o",w_,,,, 'liMII~-IUritili.lii.~ g,ilJOlI:J:i1: ,~,,",.,~,,_~,__ '_,,"u. ,~. 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