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HomeMy WebLinkAbout03-2095IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ZACHARY AUSTIN SMITH, a minor, by : ANDREW J. KERSTETTER and LINDSI : M. SMITH, his natural parents and : guardians, : Petitioners : CIVIL ACTION CHANGE OF NAME PETITION FOR CHANGE OF NAME AND NOW, this ~ff/:lday of ~ ~, ,2003, the Petition of Zachary Austin Smith, a minor, by and through Andrew J. Kerstetter and Lindsi M. Smith, his natural parents and guardians, respectfully represents that: 1. Petitioner is Zachary Austin Smith, a 3 year-old minor, born November 9, 1998. 2. Andrew J. Kerstetter and Lindsi M. Smith are the parents and natural guardians of Zachary Austin Smith. 3. Said minor, Zachary Austin Smith, resides with his parents, Andrew J. Kerstetter and Lindsi M. Smith, at 103 Ewe Road, Mechanicsburg, Pennsylvania 17055. 4. The Petitioner, by and through Andrew J. Kerstetter and Lindsi M. Smith, his parents and natural guardians, desire to change his name from Zachary Austin Smith to Zachary Austin Kerstetter. 5. The Petitioner's reasons for desiring this change of name are that: a. Petitioner's parents, Andrew J. Kerstetter and Lindsi M. Smith, were unmarried minors at the time of Petitioner's birth; b. Petitioner's parents have since attained the age of majority and are co- habitating with the intent of marrying one .another; c. Petitioner's parents have a wedding date of June 5, 2004; d. Petitioner's parents desire to protect Petitioner from the psychological and emotional confusion which may result from the child having a different surname from that of his parents upon the marriage of his natural mother and father; e. Petitioner will soon reach school age and his parents desire to protect Petitioner from the psychological and emotional confusion which may result from Petitioner and his parents having a different surname; f. The Petitioner's parents agree that Petitioner's name should be changed to Zachary Austin Kerstetter, having executed a Stipulation to that effect. Said Stipulation is attached hereto and incorporated herein by reference as Exhibit "A"; g. The best interests and permanent welfare of the Petitioner will be served by having his last name changed to that of his natural father, with whom he resides. 6. Petitioner has resided at the following addresses of the natural mother and father's parents during the four (4) years immediately preceding the filing of this Petition: 129 Blacksmith Road, Camp Hill, PA 17011 and 103 Ewe Road, Mechanicsburg, PA 17055. 7. Petitioner is a minor and his parents aver that there are no judgments or decrees of record nor any other matter of like character against Petitioner as documented in the Stipulation attached hereto as Exhibit "B". WHEREFORE, Petitioner requests this Honorable Court to: a. Schedule a hearing on this Petition; b. Waive the requirement for official searches of the proper offices of the County wherein Petitioner resides as Petitioner's parents aver that there are no judgments or decrees of record nor any other matter of like character against Petitioner; Kerstetter. Change Petitioner's name from Zachary Austin Smith to Zachary Austin Date: Respectfully submitted: STOCK AND LEADER By: >av/td A. Jones, II, l~squire ~ Supre' me Court ID #82153 Susquehanna Commerce Center East Suite 600 221 West Philadelphia Street York, PA 17404 Telephone: (717) 846-9800 Facsimile: (717) 843-6134 Exhibit A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: No. ZACHARY AUSTIN SMITH, a minor, by ANDREW J. KERSTETTER and LINDSI M. SMITH, his natural parents and guardians, CIVIL ACTION Petitioners. Change of Name STIPULATION AND NOW, this ~day of 2003, come the natural parents of ZACHARY AUSTIN SMITH, a minor, and mutually agree as follows: 1. Andrew J. Kerstetter, ("Father"), is the natural father of the minor child, Zachary Austin Smith; 2. Lindsi M. Smith, ("Mother"), is the natural mother of the above-named minor; 3. It is the intention of both Father and Mother that Zachary's last name be changed from "Smith" to "Kerstetter"; 4. Both Father and Mother agree that the best interests and permanent welfare of the child will be served by changing said child's last name from "Smith" to "Kerstetter"; and 5. Father and Mother swear and affirm that there are no judgments or decrees of record nor any other matters of like character against Zachary Austin Smith. 6. Father and Mother agree that this document may be filed with the court as part of the proposed name change petition to be filed on behalf of Zachary Austin Smith. Sworn and subscribed to before me this2fi~ day of (~'u~ , 2003_ Ncltary Public (~/~ Sworn and subscribed to before me thisbe; day , Pub, l ~L/~dsi M. Smith ( M~'ther ) Exhibit B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ' NO. ZACHARY AUSTIN SMITH, a minor, by : ANDREW J. KERSTETTER and LINDSI : M. SMITH, his natural parents and : guardians, : Petitioners : CIVIL ACTION CHANGE OF NAME CERTIFICATION I, DAVID A. JONES, II, ESQUIRE, certify that I have checked for judgments and liens in the Cumberland County Prothonotary's Office with respect to Zachary Austin Smith and found none for the three years preceding 2003, inclusive to ~ c~t~ 2003. I ' Date: OtiCll/~P~. cx'qS), o~0..~ F:\US ERS\DAJ\KERSTETT.AND\NAMECHG.PET Respectfully submitted: STOCK AND LEADER By: ' - ~avid A. Jones, II, ~squire! Supreme Court ID fl821 Susquehanna Commerce Center East Suite 600 221 West Philadelphia Street York, PA 17404 Telephone: (717) 846-9800 Facsimile: (717) 843-6134 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ZACHARY AUSTIN SMITH, a minor, by ANDREW J. KERSTETTER and LINDSI M. SMITH, his natural parents and guardians, Petitioners. · No. CIVIL ACTION Change of Name VERIFICATION I verify that the statements made in the foregoing PETITION FOR CHANGE OF NAME are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ~ .o1 oo, ol005 A~trbW J. K~rste~r, natural father and guardian of Petitioner ~-L'~ndsi ~..'Smith, ~tural m(~her and guardian of Petitioner INyH~ COURT OF coMMoN PLEAS OF CUMBERLAND COUNTY, pE-NNsYLVANIA IN RE: ZACHARY AUSTIN SMITH, a minor, by ANDREW J. KERSTETTER and LINDSI M. SMITH, his natural parents and guardians, CIVIL ACTION Petitioners. Change of Name DECREE OF COURT FIXING HEARING A hearing on the Petition of Zachary Austin Smith for change of name is fixed for,,~0 d~ay of~'~'~V~:, 2003, at~la,m~., in Court Room Number ,,.,~". 2. The Petitioner is directed to give notice of the hearing by publication in two (2) newspapers in general circulation in Cumberland County, Pennsylvania, one of which publications may be the official paper for the publication of legal notices in that county. 3. In accordance with Local Rules, counsel shall run a brief check for judgments in the Prothonotary's Office. DATED: ~'~/:~ 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ZACHARY AUSTIN SMITH, a minor, by : ANDREW J. KERSTETTER and L1NDSI : M. SMITH, his natural parents and : guardians, : Petitioners : CIVIL ACTION CHANGE OF NAME ORDER OF COURT CHANGING NAME AND, NOW, this~ day of ,2003, after hearing on the Petition for Change of Name, it is found as a fact that the requirements of 54 Pa. C.S. Section 701 have been satisfied; and IT IS ORDERED AND DECREED that the name of the Petitioner be and hereby is changed to ZACHARY AUSTIN KERSTETTER.