HomeMy WebLinkAbout01-04835r
IN THE COURT bF COMMON PLEAS OF THE 8TH JUDICIAL DISTRICT
OF PENNSYLVANIA -CUMBERLAND COUrITY
IN THE MATTER OF PETITION }
FOR CHANGE OF NAME OF }
BRIAN MATTHEW FERRY } No. 01-4835 Civil Term
PROOF OF PUBLICATION
I hereby certify that on September 14, 2001, I caused to be forwarded to the
Cumberland County Legal Journal the notice of name change in connection with the
above-captioned matter, which was published on September 21, 2001. Copies of my
cover letter to the Cumberland County Legal Journal, as well as the invoice indicating
date of publication, and petitioner's check in payment of same, are attached heretp. As
soon as I receive the official proof of publication from the Cumberland County Legal
Journal, I will file it with the Court.
I further certify that the statements made herein are true and correct, and I
understand that if any false statements were made herein, the same would be
subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn
falsification to authorities.
Dated: October 8, 2001
JOSEPH A. MACALUSO
ATTORNEY AT LAW
9614 ROWE RUN LOOP
SHIPPENSBURG, PA 17257
(717)632-4832
FAX TRANSMISSION
September 14, 2001
To: Cumberland County Legal Journal @ Fax# 249-2663
In Re: Tammy Sharpe/Petition for Change of Name of Brian Matthew Ferry, a minor,
to Brian Matthew Clouse
MEMORANDUM:
Dear Sir/Madam:
1 have prepared and transmit herewith a notice of name change which I request that
you publish one time only, at your earliest opportunity before September 26, 2001, in
connection with the above-referenced case. I would appreciate if you could advise me
as soon as possible what the cost will be so that I can remit same and receive the proof
of publicatipn. Thank you for your assistance in this matter.
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PRIVILEGED AND IS INTENDED TO BE DELIVERED TO THE INDIVIDUAL NAMED ABOVE.
DISSEMINATION TO ANY OTHER PERSON IS UNAUTHORIZED. IF YOU HAVE RECEIVED
THIS TRANSMISSION IN ERROR, PLEASE GONTACT THE SENDER AND ARRANGEMENTS
WILL BE MADE FOR RETURN OF SAME.
CUMBERLAND LAW JOURNAL
2 LIBERTY AVENUE
CARLISLE, PA 17013
SEPTEMBER 21.2001
Cumberland Law Journal is published every Friday by the Cumberland County Baz
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: Joseph A. Macaluso, ESQUIRE
RE: Brian Matthew Ferry to Brian Matthew Clouse
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:
SEPTEMBER 21, 2001
Advertising Cost $ 60.00
Proof of Publication $ 0.00
Second Proof Request $ 0.00
Payment received $ 0.00
Total Amount Due $ 60.00
Payment received _
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'" TAMMY R. SFIARPE
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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
September 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.
a
September 19, 2001
Sworn to and subscribed before me this 19th
day of September 2001.
~wc.Q-e<~ Q i=Lvl~t
Notary Public
My commission expires:
NOTARIAL SEAL
SHIRLEY 0. DURNIN, Notary Publi~
Carlisle Boro., Cumberland Count+ 111111
M Commission Expires Aug. 9, 2~3 j
LIEN REPORT
To: Joseph Macaluso, Esquire
Re: Brian M. Ferry (Sharpe)
301 Hollow Avenue
Shippensburg,Pennsylvania
MORTGAGES:
FINANCING STATEMENTS:
TAXES:
JUDGMENTS:
oT1iER:
None appearing of record
None appearing of record.
None returned to Tax Claim Bureau.
None appearing of record
1. .2001-04835 & 2001-01587 -Name change petitions
THIS SEARCH DOES NOT CERTIFY TITLE, AND THE PURCHASERS OF THIS INFORMATION AGREES BY USING THIS
INFORMATION THAT LL4BILTTY HEREUNDER OF CAPITAL ABSTRACT CORPORATION, SOLEY IN ITS CAPACITY AS AN
ABSTRACTOR, FOR ITS NEGLIENCE, MISTAKES, OR OMISSIONS IS STRICTLY LIMITED TO A SUM NOT TO EXCEED
$500.00.
Date: October 1, 2001
CAPITALyAB~T(RAC!T~,yC,O~R,P,QO~RATION
Patricia A. Carbaugh
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IN THE COURT OF COMMON PLEAS OF THE 8TH .It1DICIAL DISTRICT
OF PENNSYLVANIA -CUMBERLAND COUNTY
IN THE MATTER OF PETITION } C
FOR CHANGE OF NAME OF } ~
BRIAN MATTHEW FERRY } No. Q/- ~f~3,~ G~s~'
ORDER
AND NOW, this ~ ~ day of l`,(J(~ , 2001, upon
consideration of the Petition for Change of Name of Brian Matthew Ferry, and upon
presentation of proof of publication of notice as required by law, together with proof that
there are no judgments or decrees of like character against Brian Matthew Ferry, and it
appearing that there is no lawful objection to the request of Petitioner, it is hereby
ORDERED that the name of Brian Matthew Ferry is changed to Brian Matthew Clouse.
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IN THE COURT OF COMMON PLEAS OF THE 8TH JUDICIAL DISTRICT
OF PENNSYLVANIA -CUMBERLAND COUNTY
IN THE MATTER OF PETITION }
FOR CHANGE OF NAME OF } y 83~
BRIAN MATTHEW FERRY } No. vI "
ORDER FIXING DATE FOa HEARING ON PETITION FOR CHANGE OF NAME
AND NOW, this ~ day of C~~~~ , 2001, upon
consideration of the within Petition for Change of Name, the Court fixes the ~~ day of
~~-eti , 2001, at~~~o'cfock~ m. in Courtroom No. a ,
Cumberland County Courthouse, Public Square, Carlisle, Pennsylvania, as the time
and place for hearing on said Petition.
FURTHER ORDERED, that the Petitioner shall give notice of the filing of said
Petition and of the date of hearing, according to the form of notice attached hereto, by
publication at least 10 days prior to the hearing in two newspapers of general
circulation: the Cumberland County Legal Journal and the News Chronicle.
By the Cauit~
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IN THE COURT OF COMMON PLEAS OF THE 8TH JUDICIAL DISTRICT
OF PENNSYLVANIA -CUMBERLAND COUNTY
IN THE MATTER OF PETITION }
FOR CHANGE OF NAME OF }
BRIAN MATTHEW FERRY }
NOTICE
Notice is hereby given that on the day of
2001, the
petition of Tammy Sharpe, was filed in the above named Court, requesting an Order
changing the name of Brian Matthew Ferry to Brian Matthew Sharpe.
The Court has fixed the day of
2001, at
o'clock - m. in Courtroom No. _, Cumberland County Courthouse, Public
Square, Carlisle, Pennsylvania, as the time and place for the hearing on said Petition,
when and where all interested parties may appear and show cause, if any, why the
request of Petitioners should not be granted.
No.
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA -CUMBERLAND COUNTY
IN THE MATTER OF PETITION }
FOR CHANGE OF NAME OF } ,
BRIAN MATTHEW FERRY } No. ~I - ~~ ?J~ C! U t
PETITION FOR CHANGE OF NAME
TO THE HONORABLE, THE PRESIDING JUDGE OF SAID COURT:
The Petition of Tammy Sharpe, filed pursuant to 54 Pa. Cons. Stat. Section 701 et
seq., respectfully sets forth that:
1. Your Petitioner, Tammy Sharpe (hereinafter referred to as "Petitioner"), is a sui
juris Caucasian adult. Petitioner resides at 301 Hollar Avenue, Shippensburg
(Cumberland County), Pennsylvania 17257.
2. Petitioner is 32 years-old, having been born February 15, 1969. She is the birth
mother of Brian Matthew Ferry (hereinafter referred to as "Brian"), a Caucasian male,
ten (10) years old, who was born on December 1, 1990, in Carlisle Hospital, Carlisle,
Pennsylvania.
3. The birth father of Brian is John M. Ferry, Jr., whose parental rights were
involuntarily terminated by way of Adjudication and Decree Nisi entered in the Court of
Gommon Pleas in Franklin Gounty, Pennsylvania, on September 6, 2000. The birth
father did not file exceptions and so the Decree became final on September 18, 2000.
A copy of the Decree is attached hereto as Exhibit A.
4. Petitioner Tammy Sharpe was never married to Brian's birth father.
5. Petitioner was married on February 14, 1998, in Shippensburg, Pennsylvania, to
John W. Sharpe, II, (hereinafter referred to as "Jay"), who is the step-father of Brian.
6. Petitioner's maiden name is Tammy Clouse.
7. Petitioner and Brian resided together with Jay from about May, 1997, until about
January 28, 2001.
8. The Petitioner and Jay had intended for the latter to adopt Brian, after the rights
of the birth father were terminated. However, the Petitioner and Jay have since
separated and the proposed adoption is no longer viable.
9. Brian is a resident of Shippensburg, Cumberland County, Pennsylvania, and he
has resided at the following locations during the five years next preceding the filing of
this Petition:
From June 1.2000. to present:
301 Hollar Avenue, Shippensburg (Cumberland County), Pennsylvania 17257
From Mav. 1997. to Mav 31.2000:
3462 Wayne Road, Chambersburg, PA 17201
From February, 1994, to Mav, 1997:
5075 Lincoln Way East, Suite A, Fayetteville, PA 17222
10. Brian resides at his present address with Petitioner and his half-sister, Cameron
Rhea Sharpe, born to Petitioner and Jay on April 24, 1999.
11. Petitioner and Brian desire that Brian's surname be changed to Petitioner's
maiden name "Clouse".
12. Petitioner and Jay did file a petition for the change of Brian's surname to
I
Sharpe (Jay's surname), designated as No. 01-1587 Civil Term, but in light of the
separation of Petitioner and Jay, that proceeding was continued, and has since been
discontinued immediately prior to the filing of the within petition.
13. Brian is not married, nor does he have any children.
14. There are no judgments or decrees of like character against Brian. A copy of a
lien report prepared by Capital Abstract Corporation, dated March 13, 2001, and
showing no liens against Brian, is attached hereto as Exhibit B.
15. Petitioner desires to change Brian's name to Brian Matthew Clouse.
WHEREFORE, your Petitioner respectfully requests this Htlnorable Court to enter a
decree changing Brian's name from Brian Matthew Ferry to Brian Matthew Clouse.
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Ta my Shar
VERIFICATION
I certify that the statements made in this Petition are true and accurate. I understand
that false statements made herein are subject to the penalties of 18 Pa. G S. Section
4904, relating to unsworn falsification to authorities.
T my Sh ~ e
CONSENT
Brian Matthew Eerry consents to the change of his name to Brian Matthew Clouse.
°~sJv~ o l
(/ Dated: 7 0
nan Matthew Eerry
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BANKONE, NATIONAL
ASSOCIATION, TRUSTEE,
Plaintiff
v.
CHARLES J. SMEIGH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.OI-4845
CIVIL ACTION -LAW
ACTION OF MORTGAGE FORECLOSURE
DEFENDANT'S ANSWER WITH NEW MATTER
No response required.
2. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to admit or deny the allegations set forth in Paragraph 2, and as such, the
same are denied and strict proof demanded thereof.
3. Admitted.
4. Admitted.
5. Admitted in part; denied in part. It is admitted that at the time of the execution of
the Mortgage Note, the Defendant executed a mortgage in favor of AmeriQuest Mortgage
Company that was recorded in the Recorder of Deeds Office in Cumberland County on August
10, 2000, Mortgage Book 1631, page 813, regarding the subject premises. It is admitted that a
true and correct copy was attached to the Amended Complaint and marked Exhibit "C". The
remaining allegations with regazd to the assignment of the mortgage is denied, as after
reasonable investigation, Defendant is without knowledge or information sufficient to admit or
deny said allegation and as such, it is denied with strict proof demanded thereof.
6. Admitted.
Admitted.
8. Denied. It is specifically denied that said mortgage is in default and more
particularly, as itemized in Pazagraph 7, and strict proof is demanded thereof.
9. Admitted.
10. Denied as a conclusion of law.
11. Admitted.
12. Denied as a conclusion of law.
NEW MATTER
13. Plaintiff has failed to state a cause of action upon which the requested relief can
be granted.
14. There is no privy of contract between the Plaintiff and the Defendant.
15. Plaintiff lacks standing to bring the present action.
16. Plaintiff is not a real party of interest in this matter.
17. Plaintiff is estopped from prosecuting this action under the "Clean Hands"
Doctrine.
18. Plaintiff has failed to comply with the requirements of the mortgage and notice,
which is a precondition to the prosecution of this action.
19. Plaintiff has breached the requirements of the mortgage in question.
20. The attorneys' fees being charged aze unreasonable and unwarranted in light of the
actual work performed and failure for a legal basis to prosecute this claim.
WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss
Plaintiff s Complaint and award him counsel fees and costs for the defense of this action.
Respectfully submitted,
TUCKER ARENSBERG & SWARTZ
By: ~ ~ ~6~~
Dennis R. Sly affer
Attorney I.D. #39182
111 North Front Street
P.O. Box 889
Hamsburg, PA 17108-0889
(717) 234-4121
Dated: ~ Z' 7' ~~ Attorney for Defendant
asz7zi
VERIFICATION
I, the undersigned, CHARLES J. SMEIGH, do hereby certify that I am the
DEFENDANT in the foregoing action, and that the statements made in the foregoing ANSWER
WITH NEW MATTER aze true and correct to the best of my knowledge, information and
belief. I understand that any false statements made to this verification are subject to the penalties
of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities.
DATE: _ ~~.'~ O ~ C~(,e~ .kl , r
CHARLES J. VIEIGH
CERTIFICATE OF SERVICE
AND NOW, this ~ day of ~.~P~,r~ie~c/ , 2001, PAULA J. BEITER,
for the firm of TUCKER ARENSBERG & SWARTZ, attorneys for Defendant, hereby certify
that I have this day served the within document by depositing a copy of the same in the United
States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows:
Jill M. Wineka, Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
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IN THE COURt OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA -CUMBERLAND COUNTY
IN THE MATTER OF PETITION }
FOR CHANGE OF NAME OF }
BRIAN MATTHEW FERRY } No. 01-4835 Civil Term
PROOF OF PUBLICATION
I hereby certify that on September 21, 2001, I caused to be published in the
Cumberland County Legal Journal the notice of name change in connection with the
above-captioned matter, and the original proof of publication issued by the Cumberland
County Legal Journal is attached hereto. By my previous proof of publication dated
October 8, 2001, I certified that on September 21, 2001, I had made my request for
publication and payment for same to the Cumberland County Legal Journal, but had
not yet received the proof of publication from Cumberland County Legal Joumal. The
proof of publication on September 19, 2001, issued by The Sentinel was previously
filed with this Court. This completes the proof of publication in this matter.
I further certify that the statements made herein are true and correct, and I
understand that if any false $tatements were made herein, the same would be
subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn
falsification to authorities.
Dated: June 19, 2082
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, 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 3anuary 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,
SEPTEMBER 21, 2001
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
Roger M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
21 day of SEPTEMBER. 2001
LQIS E. SNYDER, Natary PuWk
C~sle Boro, Cwnberiand Camty
I Caandeebn Expires Rlarch 5, 2405
_~M.~~~
CUMBERLAND LAW JOURNAL
NOTICE
In the Court of Common Pleas
of the 9th Judicial District
of Pennsylvania
Cumberland County
No. 01-4835 Civil Term
IN THE MATTER OF PETITION
FOR CHANGE OF NAME OF
BRIAN MATTHEW FERRY
NOTICE
NOTICE IS HEREBY GIVEN that
on August 5, 2001, the pet(tion of
Tammy Sharpe was ffied in the above
named Court, requesting an Order
changing the name of Brian M. Ferry
to Brian Matthew Clouse.
The Court has fixed October 8,
2001, at 8:45 o clock a.m. in Court-
room No. 2, Cumberland County
Courthouse, Public Square, Cazlisle,
Pennsylvania as the time and place
for the hearing on said Petition, when
and where all interested parties may
appear and show cause, if any, why
the request of Petitioners should not
be granted.
Sept. 21
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