HomeMy WebLinkAbout03-3740IN RE CHANGE OF NAME OF
JASMINE ELIZABETH PHYLLIS
DAVENNY-OSTRACO
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION
PETITION FOR CHANGE OF NAME
AND NOW comes Jasmine Elizabeth Phyllis Davenny-Ostraco, by and through her
mother and natural guardian, Susan Davenny, and her attorney, Bradley A. Winnick, Esquire, of
W'fley, Lenox, Colgan & Marzz2tcco, P.C., and respectfully represents:
1. Jasmine Elizabeth Phyllis Davenny-Ostraco was born to Susan Davenny on December
10, 1997, in San Diego, California.
2. At the time of Jasmine's birth, her mother, Susan Davenny, and her father, Cliff
Ostraco, were estranged. Jasmine never resided with her father and saw him no more than twelve
(12) times in the first eleven (11) months of her life.
3. In November 1998, after having obtained a restraining order against CliffOstraco,
Susan Davenny moved to Pennsylvania with Jasmine and her son from a previous relationship,
Matthew Davenny.
4. Neither Jasmine nor her mother have seen or heard fi'om CliffOstraco since November
1998·
5. The last information known about Cliff Ostraco is that he was homeless in San Diego,
California.
6. A child support Order currently exists against CliffOstraco for the care of Jasmine
fi.om San Diego, California, and administered by Dauphin County, Pennsylvania, but no payments
have been received, nor money collected, in several years.
7. The undersigned has attempted to obtain a last known address for Cliff Ostraco fi.om
the County of San Diego Department of Child Support Services, but was unsuccessful.
8. The undersigned has ascertained that the San Diego Union Tribune and the San Diego
Headline News are newspapers of general circulation in San Diego, California.
9. Jasmine's middle name, Phyllis, was given to her because it is the name of her paternal
grandmother, whom she has never seen nor spoken to.
10. Jasmine will begin school in the fall, and it is the desire of her mother, Susan
Davenny, that her name be changed to Jasmine Elizabeth Davermy so that her last name is the
same as her mother and brother.
11. It is in the best interests of the child to have her name changed so to avoid confusion
and embarrassment to her, and to promote unity with the only family she has ever known.
12. Jasmine Elizabeth Phyllis Davenny-Ostraco has resided at 4 Marshall Drive,
Apartment K6, Camp Hill, Cum~rland County, Pennsylvania, since July 1999. Prior to July
1999, Petitioner resided at 1932 Manada Street, Harrisburg, Dauphin County, Pennsylvania, fi.om
November 1998 until July 1999. Prior to living in Pennsylvania, Petitioner resided in San Diego,
Califomia.
13. There are no judgments or decrees of like character or record against the petitioner.
WHEREFORE, Petitioner requests the court, pursuant to the Act of December 16, 1982,
P.L. 1309, No. 295, §2, 54 Pa. Cons. Stat. §702, to:
a. Fix a hearing on this Petition;
b. Direct that notice be given of this Petition and hearing;
c. Authorize notice to CliffOstraco by publication in the San Diego Union Tribune and
the San Diego Headline News; and
d. Enter a decree changing the child's name fi~om Jasmine Elizabeth Phyllis Davenny-
By:
Ostraco to Jasmine Elizabeth Davenny.
Respectfully submitted,
WILEY, LENOX, COLGAN &
MARZZACCO, P.C.
Dillsburg, PA 17019
(717) 432-9666
I.D. #78413
VERIFICATION
I, Susan Davenny, verify that the statements made in this Petition are true and
correct to the best of my knowledge, information, and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to
unswom falsification to authorities.
Date:
avenny ~
IN RE: CHANGE OF NAME
OF JASMINE ELIZABETH
PHYLLIS DAVENNY-
OSTRACO
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3740 CIVIL TERM
ORDER OF COURT
AND NOW, this 8th day of August, 2003, upon consideration of the attached
Petition for Change of Name, a hearing is scheduled for Thursday, October 16, 2003, 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 of C.C.R.P. 5,
and the Act of December 16, 1982, P.L. 1309, §6 (see 54 Pa. C.S. §701 ]Historical and
Statutory Notes] ]Main Volume]), and 54 Pa. C.S. §§701 et seq.
Bradley A. Winnick, Esq.
1 South Baltimore Street
Dillsburg, PA 17019
Attorney for Petitioner
:rc
BY THE COURT,
IN RE CHANGE OF NAME OF
JASMINE ELIZABETH PHYLLIS
DAVENNY-OSTRACO
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
No. 03-3740 CIVIL TERM
CIVIL ACTION
TO THE HONORABLE WESLEY OLER, JR., JUDGE OF SAID COURT:
PETITION FOR LEAVE TO GIVE NOTICE TO NON-PETITIONING
PARENT BY PUBLICATION
AND NOW, comes Jasmine Elizabeth Phyllis Davcnny-Ostraco, by and through her
natural mother and guardian, Susan Davenny, and her attorney, Bradley A. Winnick, Esquire, of
Wiley, Lenox, Colgan & Marzzacco, P.C., and respectfully represents that:
1. On August 4, 2003, Petitioner filed a Petition f~r Change of Name in This
Honorable Court.
2. In said Petition, it was avert'ed that neither Petitioner nor her mother had seen or
heard from the child's father, Cliff Ostraco, since November 1998.
3. It was further averred that neither Petitioner nor her mother had any information
regarding Mr. Ostraco's whereabouts, and that the last known information was that he was
homeless in San Diego, California.
4. As alleged in the Petition for Change of Name, a child support Order exists against
Cliff Ostraco for the care of Petitioner from San Diego, California, and administered by Dauphin
County, Pennsylvania, but no paymems have been received, nor money collected, in several years.
Furthermore, the undersigned has attempted to obtain a last known address for Cliff Ostmco from
the County of San Diego Department of Child Support Services, but was unable to do so.
5. Since the filing of the Petition for Change of Name, undersigned counsel has
continued attempts to locate ClhTOstraco by means of computer searches, but has been
unsuccessful.
6. This Honorable Court has scheduled a hearing on the Petition for Change of Name
for October 16, 2003.
7. Pursuant to C.C.R.P. 5, Petitioner must give notice of the filing of the petition and
the date of hearing to any non-petitioning parent of a child whose name may be affected by the
proceedings.
8. Petitioner has ascertained that the San Diego Union Tribune and the San Diego
Headline News are newspapers of general circulation in San Diego, California.
WHEREFORE, Petitioner respectfully requests This Honorable Court to authorize the
giving of notice of the Petition for Change of Name, and the scheduled hearing, to CliffOstraco
by publication.
By:
Respectxqxlly submitted,
WILEY, LENOX, COLGAN &
MARZZACCO, P.C.
Bradt~(y/3k. Winnick, Esquire
1 Sou~h Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
ID # 78413
IN RE CHANGE OF NAME OF
JASMINE ELIZABETH PHYLLIS
DAVENNY-OSTRACO
IN THE CO,URT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
No. 03-374~ CIVIL TERM
CIVIL ACTION
L _ORDER OF COURT
AND NOW, this _~_~aY of ~r'p-~,, 2003, after review o£the attached
Petition for Leave to Give Notice to Non-Petitioning Parent by Publication, IT IS HEREBY
ORDERED AND DECREED THAT Petitioner is authorized to provide notice oftbe Petition
for Change of Name and the hearing on said petition scheduled for Octobex 16, 2003, to Cliff
Ostraco by publication in two (2) newspapers of general circulation in San Diego, California, the
htst known residence of Mr. Ostraco. Said notice shall be deemed to satisfy the requirements of
C.C.R.P. 5.
DISTRIBUTION:
o~radley A. Winnick, Esq.
BY THE COURT:
1 South Baltimore Street, Dillsburg, PA 17019
IN RE: CHANGE OF NAME :
OF JASMINE ELIZABETH :
PHYLLIS DAVENNY-OSTRACO :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3740 CIVIL TERM
ORDER OF COURT
AND NOW, this 16th day of October, 2003, upon
hearing of the within petition, and upon motion of Bradley
A. Winnick, Esquire, attorney for the Petitioner, and upon
presentation of proof of publication of notice, and the
Court assuming that there are no judgments or decrees of
record or any other matters of like effect against the
subject of the petition, and it appearing that there is no
legal objection to the granting of the prayer of the
petition (the subject's natural father having not appeared
at the hearing, notwithstanding the publication of notice of
the hearing in accordance with a prior Order of Court), it
is ordered and decreed that the name of Jasmine Elizabeth
Phyllis Davenny-Ostraco is hereby changed to Jasmine
Elizabeth Davenny.
Bradley A. Winnick,
For the Petitioner
Esquire
By the Court,
J.~esley O~___~ Jr.,
wcy