HomeMy WebLinkAbout01-2246 FX
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
In Re: Change of Name of
Casey Davenport Bricker
NO: 0 J- :J,;2 % r~ "/.L..tA"^
PETITION TO CHANGE NAME
AND NOW comes the Petitioner, Kerry H. Davenport by and through her
attorneys, Wix, Wenger & Weidner, P.C. and files the within Petition to Change Name
and in support thereof avers as follows:
1. Petitioner is Kerry H. Davenport, the guardian and natural mother of
Casey Davenport Bricker, a 17 month old minor who was born on October
22, 1999, and who currently resides with the Petitioner at 2004 Harvard
Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011.
2. The Petitioner desires to change her child's name from Casey Davenport
Bricker to Casey Magnolia Davenport.
3. The child's natural father, William Gregory Bricker, who currently resides
at 118 E. Beall, Bozeman, Montana 59715, concurs in this request as
evidenced by the Stipulation for Custody dated September 22, 2000, and
as entered as an Order of Court on October 17, 2000. A true and correct
copy of said Order and Stipulation is attached hereto as Exhibit A and is
incorporated herein by reference as if set forth in full.
4. Since her birth, the child has resided with the following people at the
following addresses:
NAME S
Kerry H. Davenport and
William Gre 0 Bricker
Kerry H. Davenport and
Stephen and Nancy Davenport
rand arents
Kerry H. Davenport
ADDRESS
2004 Harvard Avenue
Cam Hill, PA 17011
2820 Arcona Road
Mechanicsburg, PA 17055
DATES
October 22, 1999 to
Februa 8, 2000
February 8, 2000 to
March 5, 2000
2004 Harvard Avenue
Camp Hill, PA 17011
March 5, 2000 to present
5. The Petitioner's reasons for desiring this change of name of her child are
that:
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
In Re: Change of Name of NO:
Casey Davenport Bricker
ORDER OF COURT CHANGING NAME
AND NOW, this It'day of
1v.".,c.
, 2001, in consideration of the
attached Petition to change name and after hearing, it is found as a fact that the
requirements of 54 Pa. C.S. 9 701 have been satisfied and the name of Casey
Davenport Bricker is changed to Casey Magnolia Davenport.
BY THE COURT:
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a. The Petitioner is not married to the child's natural father and the child
was born out of wedlock.
b. The Petitioner has joint legal and primary physical custody of the child,
subject to such visitation in the natural father as the parties shall agree.
c. The child's natural father does not reside in the central Pennsylvania
area and concurs in the Petitioner's request.
d. It is in the best interest of the child to change the name as aforesaid
because of the natural bond between the child and her mother, with
whom the child will reside.
e. The child should enjoy the social respect afforded to the name within
the community.
f. The Petitioner desires to protect her child from the potential
psychological and emotional confusion that may result from the child
and her mother having two different surnames.
6. No credit has been extended to the child under the name Casey
Davenport Bricker and this change of name is not requested for the
purpose of concealment of identity or for any other fraudulent purpose.
7. Petitioner requests this Court:
a. To fix a hearing on this Petition; and
b. To direct that notice be given of the filing of this petition and the
hearing.
8. Petitioner further requests this Court to waive the requirement for official
searches of the proper offices of the county wherein Petitioner resides on
the grounds that the subject of this Petition is a minor and avers that there
are no judgments or decrees of record or any other matter of like
character against her.
WHEREFORE, Petitioners respectfully request this Honorable Court to enter a
decree changing the name of Casey Davenport Bricker to Casey Magnolia Davenport.
Respectf lIy submitted,
WIX, W GE IDNER
Date: April 11, 2001
B~
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tt rney I 52653
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorney for Petitioners
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EXHIBIT "A" UCT 1 6 20l
KERRY H. DAVENPORT, : IN THE COURT OF COMMON PLEAS OF P'
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 00-2861 CIVIL TERM
WILLIAM GREGORY BRICKER, : CIVIL ACTION - LAW
Defendant : CUSTODY
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, 2000, upQn consid~ra!'cmJJ.... ~~~~...'
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Stipulation for Agreed Upon Custody Order in the above captioned matter, a copy Of' .
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which is attaChed hereto as Exhibit "A" and is incorporated herein by referenQe, the said
Stipulation is hereby approved and adopted as an Ordei'of Court.
BY THE COURT
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KERRY H. DAVENPORT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-2861 CIVIL TERM
WILLIAM GREGORY BRICKER,
Defendant
: CIVIL ACTION - LAW
: CUSTODY
STlPLJI ATlON r:OR AGRI!I!D UPON CUSTODY ORDFR
AND NOW, comes the Plaintiff, Kerry H. Davenport (the "Mother") and the
Defendant, William Gregory Bricker (the "Father"). the parents of their minor child,
Casey Davenport Bricker (bom October 22, 1999) and stipulate and agree to the'
, : . . "
custody of the said minor child as follows:
1. The parties shall have joint legal custody of their minor child, legal custody
being defined as the legal right to make major decisions affecting thli ;
upbringing of the child, including but not limited to medical, religious and
educational decisions. The parties agree to discuss and consult with one
another on these decisions with a view to adopting a harmonious policy
calculated to promoting the child's best interests.
2. Mother shall have primary physical custody of the said minor child, subject to
such visitation for the Father as the parties shall mutually agree from time to
time taking into consideration the following:
a. The parties acknowledge that Father intends to move from. the Centra/..
Pennsylvania area. Mother will cooperate with Father to maximize
Father's visitation, provided however, that Mother will pay for one-half of
the cost of travel to and from Father's residence no more than twice in a
calendar year. Mother agrees to consider additional requests for
visitation, but shall not be required to contribute to the cost of travel for
such additional visits. Visits shall not exceed more than one week at a
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time and shall be arranged at least thirty (30) days in advance.
b. The plans, schedules, activities, health and welfare of the child.
c. The plans and schedules of each of the parties. If Father requests a
visit that would interfere with prior plans of Mother, Mother shall have the
right to reject such request provided that Mother suggests at least two
(2) alternate times for visitation.
d. The Father shall be allowed to see the child in the Harrisburg area upon
at least two (2) weeks advance notice to Mother, and provided that sup!!
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requ$Sted visit does not intelfere with any prior plans of Moth~t~f:fli.i:~'j;';;
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child. S6ch visits shall not be ovemight and may be restricted as ~~fc'
deems to be in the best interests of the child.
e. The Father shall otherwise have such periods of visitation wifl;the child
as the parties mutually agree.
3. The parties shall obtain, keep and maintain a telephone in his or her
residence and each shall inform the other party of his or her telephone
number.
4. During any period of custody or visitation, the parties shall not possess or use
any controlled substance, nor shall they consume alcoholic beverages to the
point of intoxication, or subject the child to any unlawful activities. To the
extent of their abilities, the parties shall assure that other household
members and/or houseguests comply with this prohibition.
5. The parties further agree to, and do hereby submit to the jurisdiction of the
courts of the Commonwealth of Pennsylvania for purposes of the instant
matter, and that the Commonwealth of Pennsylvania shall be the "home
state" of the child for all purposes.
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6. The parties agree that this Stipulation shall be made an Order of the Court.
7. The parties agree that Mother shall claim the minor child as a dependent on
her tax retums.
8. Father agrees to notify the Dauphin County Domestic Relations Office of any
increases in his income for purposes of recalculating and modifying the existing
child support order in accordance with the PEmnsylvania Support Guidelines.
The parties agree that any such modiflC8tion shall be retroactive to the date
Father started toEtan:l~uch increased income regardless of when. either ~
.fi_for~4n!~t~f;'> . .': · .' '.',:g;~f~
9. Father agrees k)'ful/y COOperate with Mother in any petitiOn or procedure to'
change the last name of the child to Davenport, which shall be done at the
Mother's sole cost and expense. " '.
WITNESS:
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Kerry H. D port
WITNESS:
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William Gregory 'cker
Date: q /2-1-/DO
F:lsjd\l736 Davenport, Kerry\107301Oocumen1sICustody Agreemenl.doc(917IOO)
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VERIFICATION
I, Kerry H. Davenport, Petitioner in the foregoing Petition to Change Name, have
read the and hereby verify that all of the statements made therein are true and correct to
the best of my knowledge, information and belief. I understand that false statements
made therein may subject me to the penalties of 18. Pa.C.SA Section 4904, relating to
unsworn falsification to authorities.
?~.~~
. Kerry H. Da port
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In Re: Change of Name of
Casey Davenport Bricker
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO: ()f- ;2::Jl.J(,. CwJ '-r~
ORDER
AND NOW this;l~~ay of Clf/'do'}) ,2001, in consideration of the Petition
of Kerry H. Davenport, it is hereby ordered that:
1.
A hearing on the Petition is scheduled for 1 <-/VI IJ - 1!L, 2001 at
q: ([f) o'clock Q,..m. in the Cumberland County Court House in
Courtroom no. ~.
2.
Petitioner is directed to give notice of the hearing by publication in
two newspapers of general circulation in Cumberland County,
Pennsylvania, one of which publications may be the official paper for
publication of legal notices in that county.
By The Court: /
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In Re: Change of Name of
Casey Davenport Bricker
I
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 01-2246 Civil Term
PRAECIPE
TO THE PROTHONOTARY:
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Please enter my appearance on behalf of the Petitioner in the above-
referenced malter.
Respectfully submitted,
WIX, WENGER & WEIDNER
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By: .;Z <- r - ,: .
David R. Getz, Esquire /
1.0.#34838
508 North Second Street
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
DATE: June 13, 2001
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In Re: Change of Name of
Casey Davenport Bricker
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 01-2246 Civil Term
CERTIFICATE OF SEARCH FOR MORTGAGES
The undersigned certifies that he/she has examined the indices on June 14,
y ~;)Q' 1l.1t,
2001 in the Office of the Recorder of Deeds and did not find any mortgages, secured
transactions.: III -. filed against Casey Davenport Bricker.
C
SEAL
..." lleeds, c..t.bwlt.1III CounIJ. CIIllSfe. II
My CommissiOn bpills lIIe r""...., 11--
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In Re: Change of Name of
Casey Davenport Bricker
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 01-2246 Civil Term
CERTIFICATE OF SEARCH FOR JUDGMENTS AND LIENS
The undersigned certifies that he/she has examined the judgment indices on
June 14, 2001 in the Office of the Prothonotary and did not find any judgments or other
liens filed against Casey Davenport Bricker.
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SEAL
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WIX, WENGER & WEIDNER
RICHARD H. W1X
THOMAS L. WENGER
DEAN A. WEIONER
STEVEN C. WILDS
THERESA L. SHADE WIX .
DAVID R. GETZ
STEPHEN J. DZUAANIN
STEVEN R. WILLIAMS
SeAN P. DELANEY
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
508 NORTH SECOND STREET
POST OFFICE BOX 845
HARRISBURG, PENNSYLVANIA 17108-0845
4705 DUKE STREET
HARRISBURG.?A 17109-3099
(717) 652.6455
TELECOPIER (717) 652.6290
PLEASE REPLY TO
DUKE STREET OFFICE ( )
. Also MemDur Ma.llChllMlts 8M
(717) 234-4182
TELECOPIER (717) 234-4224
www.wwwpalaw.com
May 16, 2001
Mr. William Bricker
118 E. Beall
Bozeman, MT 59715
Re: Casey Davenport Bricker
Dear Mr. Bricker:
As you know, this office represents Kerry Davenport, Enclosed is a copy of the
Petition to Change Name for Casey and Court Order setting the hearing on the matter
for Thursday, June 14, 2001 at 9:00 a.m. Please note your agreement to this change of
name as set forth in the Custody Stipulation, a copy of which is attached to the Petition.
Please contact me with any comments or questions you may have.
Sincerely,
SJD/jey
Enclosure
cc: Ms. Kerry Davenport
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CUMBERLAND LAW JOURNAL
2 LIBERTY AVENUE
CARLISLE, P A 17013
MAY 25.2001
Cumberland Law Journal is published every Friday by the Cumberland County Bar
Association and is designated by the Court of Common Pleas as the official legal publication for
Cumberland County and the legal newspaper for publication of legal notices.
TO
Stephen J. Dzuranin, ESQUIRE
Casey Davenport Bricker to Casey Magnolia Davenport
RE:
Legal advertisements must be received by Friday Noon. All legal advertising must be
paid in advance. Make all checks. payable to: Cumberland Law Journal.
Advertisement inserted on following dates:
MAY 25,2001
Advertising Cost
Second Proof Request
$ 60.00
$ 0.00
$ 0.00
$ 60.00
-------------
$ 0.00
-----
Proof of Publication
Payment received
Total Amount Due
Payment received MAY 23. 2001
Beckv H. MorgenthallExecutive Director
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Undef Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editof of the Cumberland Law Journal, of the County
and State afofesaid, 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
afofesaid, 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 regnlarly
issued weekly in the said County, and that the printed notice Of publication attached hereto is
exactly the same as was printed in the fegular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
MAY 25, 2001
Affiant further deposes that he is authorized to verify tills statement by the Cumberland
Law Journal, a legal periodical of genefal circulation, and that he is not intefested in the subject
mattef of the afofesaid notice Of advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are
~EditOf .....
SWORN TO AND SUBSCRIBED before me tills
25 dayof MAY. 2001
NOTARIAt:SEAL .
LOI$ E. SN\UR,NoIary PublIc
CerIIl&.Boro, Cumberland CounIv. .... '.e.
My .Collllllia8lu" ExpinIs Man:h 5, 2Otl5
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CUMBERLAND LAW JOURNAL
NOTICE
NanCE IS HEREBY GIVEN that
Kerry H. Davenport. natural mother
of Casey Davenport Bricker, a mi-
nor child filed a Petition on Aprt120.
200 I praying for a Decree to change
the name of the minor child from
Casey Davenport Bricker to Casey
Magnol1a Davenport. The Court has
fixed a date of June 14. 2001, at
9:00 a.m. in Courtroom 4, Cumber-
land County Court House. Carlisle.
Pennsylvania for a healing on tWs
matter. All persons interested may
appear and show cause, if any they
have. why the prayer of the Petition
should not be granted.
STEPHEN J. DZURANIN.
ESgUlRE
WIX, WENGER & WEIDNER
Attorneys for Petition,er
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
May 25
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PROOF OF PUBLICATION
State of Pennsylvania,
County of Cumberland.
Sherry Clifford, Classified Ad Manager
of THE SENTINEL,
of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of
general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th,
1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice
or publication attached hereto is exactly the same as was printed and published in the regular editions and
issues of THE SENTINEL on the following dates, viz
Copy of Notice_of Publication
i'~~~tr(jt'ICc---~
iThe Notice is hereby given
I that Kerry H. Davenport,
I n,aturaJ mother of Casey
Davenport Bricker, a
minor child filed a
, . Petition on Apri120,
.2001 praying for a
Decree to change the
name ot the minor child
from Casey Davenport
Bricker to Casey Magno-
lia Davenport. The Court_
has fixed a date of Jun
'14,2001, at 9:00 a.m. in
I: Courtroom 4,
Cumberland County
Court House, Carlisle.
Pennsylvania for a hear-
iri'g'on this matter. All
persons interested may
appear and show cause,
. if ;;tny they have, why the
prayer of t.he Peition
. should not be granted.
WIX, WENGER &
WEIDNER-
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p.o. 80x 845
I Harrisburg, PA 17108-0845
(717) 234-4182 I
Attorney for Petitioner I
,
May 19, 2001
Affiant further deposes that he is not interested in
the subject matter of the aforesaid notice or
advertisement, and that all allegations in the
foregoing statement as to time, place and character
of publication are true.
,~/
Sworn to and subscribed before me this
day of May , 2001.
~~ V.J)~
Notary Public
23rd
My commission expires:
NOTARIAL SEAL
SHIRLEY O. DURNIN, Notary Public
Carlisle Bora., Cumberland County
M Commission Expires Aug. g, 2003
In Re: Change of Name of
Casey Davenport Bricker
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 01-2246 Civil Term
ORDER EFFECTING CHANGE OF NAME
AND NOW, this rl'- day of June, 2001, upon consideration of the Petition To
Change Name in the captioned matter, and upon presentation of proof of publication of
notice as required by law, together with proof that there are no judgments or decrees of
record or any other matter of like character against the minor child, Casey Davenport
Bricker, and it appearing that there is no lawful objection to the request to change the
name of the minor child, and after hearing held on June 14, 2001, this Court finds that
the requirements of 54 Pa. C.S. S 701 and Rule 5 of the Cumberland County Rules of
Procedure have been satisfied and that the proposed change of name is in the best
interest of the minor child. Accordingly, IT IS HEREBY ORDERED AND DECREED
that the name of Casey Davenport Bricker is changed to Casey Magnolia Davenport.
BY THE COURT:
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In Re: Change of Name of
Casey Davenport Bricker
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 01-2246 Civil Term
PRAECIPE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Petitioner in the above-
referenced matter.
Respectfully submitted,
WIX, WENGER & WEIDNER
By:
David R. Getz, Esquire
I.D. #34838
508 North Second Street
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
. DATE: June 13, 2001
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