Loading...
HomeMy WebLinkAbout03-5053IN RE: TANNER RICHARD THORTON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03 - C WL ACTION LAW IN CUSTODY PETITION FOR CHANGE OF NAME AND NOW, comes Petitioner, Christopher J. Alleman, by and through his counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates and Petitions the Court as follows: 1. Your Petitioner is Christopher J. Alleman, an adult individual currently residing at 7 Fox Hollow Lane, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is Tonya L. Thornton-Karper, an adult individual currently residing at 2438 Lindsay Lot Road, Shippensburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, namely, Tanner Richard Thorton, born November 16, 1999. 4. The parties hereto were married on April 20, 1996, after which they resided together as husband and wife. 5. The parties separated in November 1998 when Respondent left the marital residence and resided with a male friend. 6. When Respondent became pregnant in February 1999, the parties reconciled or attempted to reconcile in the Spring of 1999. 7. Respondent again left the marital residence in June 1999. 8. Petitioner was not permitted to be present at the time of the child's birth on November 16, 1999, was not named as the father on the child's birth certificate, and 10. ll. 12. 13. 14. 15. 16. 17. the child was not given Petitioner's surname and the Respondent's surname at the time. Respondent gave the child her maiden name as his surname on the birth certificate at the time of birth. Because of the fact that Respondent was residing with a male companion at the time of conception, Petitioner requested blood tests to confirm paternity of the child. Subsequent blood tests to determine the paternity of the child showed that Petitioner is the natural father of the child. Petitioner maintained contact with the child even during the period of time that the parties litigated the issue of Petitioner's entitlement to paternity testing and pending the testing and receipt of the testing results. Strong bonds exist between Petitioner and Tanner that have developed since the child's birth. Petitioner has shared legal custody of the child and substantial periods of physical custody of the child as outlined in the parties' Custody Agreement and Order of Court which is attached hereto and incorporated herein by reference as Exhibit "A." For a period of time following the parties' divorce and prior to Respondent's remarriage, she maintained the surname of Thornton. Since mother's remarriage, she now uses the surname of Thornton-Karper. Although Tanner will not attend formal schooling until the Fall of 2005, at that time, he will attend school with a different surname from both his father and his mother. 18. The difference in names, particularly under circumstances where mother's name may change again with future divorces or remarriages, will be confusing for the child and those associated with the child's schooling and education. 19. There are no circumstances known to Petitioner under which his surname would change. 20. Petitioner's surname is a respected name in the community. 21. At the time of the child's birth, mother gave the child her maiden name as his surname and refused to place Petitioner's name on the child's birth certificate as the father out of anger toward father, and even though she maintained the surname of "Alleman" at the time of the child's birth. 22. The fact that the child has a different surname than his father will create confusion for him and will tend to create bitter or unpleasant feelings toward Petitioner, for having a different name, or toward Respondent, for refusing to give the child his father's Stlrname. 23. The child's use of his mother's maiden name as his surname will suggest to the community at large that he was a child born out of wedlock and, therefore, the child will bear the stigmatism associated with that. 24. Respondent's decision to not name Petitioner as father on the child's birth certificate and to not give the child his father's surname was done solely out of spite and anger at the time of the child's birth. 25. There is no legitimate basis to maintain the child's surname as Respondent's maiden 26. It is in the best interest of the child to have the child's last name changed from Thornton to Alleman. 27. It is in the child's best interest to have Petitioner's name listed on the child's birth certificate as the father of the child. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon the Respondent to show cause, if any she has, as to why the child, Tanner Richard Thornton, should not have his name changed to Tanner Richard Alleman, and why Petitioner's name should not be added to the birth certificate as the child's father. Respectfully submitted, Date ~re ~ fiYr Petitioner - GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 1NRE: TANNER RICHARD THORTON iN THE COURT OF COMMON PLEAS OF '- y PENNSYLVANI~p 2 5 ~003 ~ CUMBERLAND COUNT , : OB~ ~95,.3 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND RULE TO SHOW CAUSE. AND NOW, this ~q0tday of ~, 2003, upon presentation and consideration ? ' of the within Petition, a Rule is hereby issued upon the Respondent, Tonya L. Thomton-Karper, to show cause, if any she has, as to why the name of the child, Tarmer Richard Thornton, should not be changed to Tanner Richard Alleman, and FURTHER, why petitioner's name should not be added to the child's birth certificate as the father of the child. Rule returnable and hearing to be held on %~ , the G~5/(aCday of ~, 2003, at {{~00 f~__.m, in Courtroom # ~,~ in the Cumberland County Courthouse. Service to be made by certified mail, restricted delivery upon the Respondent at her last known address. By the Co INRE: TANNER RICHARD THORNTON AND NOW, this 30 by her attorneys, Irw : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 03-5053 CIVIL ACTION - LAW IN CUSTODY ANSWER TO PETITION FOR CHANGE OF NAME h day of October 2003, comes the Respondent, Tonya L. Thornton- Karper, n & McKnight, and makes the following Answer to Petition for Change of Name filed by the Pi titioner, Christopher J. Alleman: 1. The avermenl s of fact contained in paragraph one (1) of the Petition are specifically denied. On the contr ~ry, the Petitioner resides at Shippensburg Mobile Estates. 2. The avermem s of fact contained in paragraph two (2) of the Petition are admitted. 3. The avermem s of fact contained in paragraph three (3) of the Petition are admitted. 4. The avermem s of fact contained in paragraph four (4) of the Petition are admitted. 5. The avermenl s of fact contained in paragraph five (5) of the Petition are admitted in part and denied in part. he parties separated in November 1998. The Respondent left the marital residence because Petitioner's abuse. The Respondent resided with a male family friend. 6. The avermen~ s of fact contained in paragraph six (6) of the Petition are admitted. 7. The avermen~ s of fact contained in paragraph seven (7) of the Petition are specifically denied. On the cont 'ary, the Respondent left in May of 1999. The averment~ of fact contained in paragraph eight (8) of the Petition are specifically denied. On the contrary, the Petitioner wanted nothing to do with the infant. He was given the opportunity to be nan~ed as the child's father on the birth certificate but he refused to do so. 9. The averment; of fact contained in paragraph nine (9) of the Petition are admitted. 10. The averment ~ of fact contained in paragraph ten (10) of the Petition are admitted. 11. The averment ~ of fact contained in paragraph eleven (11) of the Petition are admitted. 12. The averment:: of fact contained in paragraph twelve (12) of the Petition are specifically denied. On the contn ry, regular contact between the child and the Petitioner occurred only after the blood test results 1 ~ecame known. 13. The averment: of fact contained in paragraph thirteen (13) of the Petition are admitted. 14. The averment~ of fact contained in paragraph fourteen (14) of the Petition are admitted. 15. The averments, of fact contained in paragraph fifteen (15) of the Petition are admitted. 16. The averments, of fact contained in paragraph sixteen (16) of the Petition are admitted. 17. of fact contained in paragraph seventeen (17) of the Petition is specifically 3~, the child will use the mother's surname of "Thornton" which she also The avermen~ denied. On the contr continues to use. 2 18. The averment! of fact contained in paragraph eighteen (18) of the Petition are specifically denied. On the contrary, the child knows that his name is "Thornton". That would not change even if Respondent r. married since she will maintain the "Thornton" surname. The averment~ The averments, The averments specifically denied. C Birth Certificate as th{ The averments denied. On the contra confusion. The averments specifically denied. O The averments specifically denied. O: father on the Birth Cer 19. of fact contained in paragraph nineteen (19) of the Petition are admitted. 20. of fact contained in paragraph twenty (20) of the Petition are admitted. 21. of fact contained in paragraph twenty-one (21) of the Petition are n the contrary, the Petitioner chose not to have his name placed on the child's father. 22. of fact contained in paragraph nineteen (19) of the Petition are specifically y, the child has used the name "Thornton" and continues to do so without 23. of fact contained in paragraph twenty-three (23) of the Petition are the contrary, the child knows that the parties are not married. 24. of fact contained in paragraph twenty-four (24) of the Petition are the contrary, the Petitioner refused to have himself named as the child's ificate. 25. The avermenis of fact contained in paragraph twenty-five (25) of the Petition are specifically denied. On the contrary, there are legitimate reasons for having the child maintain the Respondent's surname of"Thomton". 26. The avermen s of fact contained in paragraph twenty-six (26) of the Petition are specifically denied. )n the contrary, The best interests of the child require that he continue to use the name of"T mton" which he knows as his name. 27. of fact contained in paragraph twenty-seven (27) of the Petition are ~er should have his name added to the Birth Certificate as the child's The averme~ admitted. The Petit: father. WHEREFO the Petition for Chart Date: October 30, 20 the Respondent, Tonya L. Thomton-Karper, respectfully requests of Name be dismissed. By: Respectfully submitted, 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 4 The foregoinl counsel and myself document and they ~ understand that false 4904, relating to uns~ Date: October 30, VERIFICATION Answer to Petition is based upon information which has been gathered by the preparation of this action. I have read the statements made in this true and correct to the best of my knowledge, information and belief. I statements herein made are subject to the penalties of 18 Pa. C.S.A. Section ?orn falsification to authorities. ~r'o~ L. (THORNTON) KAI~ER 2003 INRE: TANNER RICHARD THORNTON : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03-5053 CIVIL ACTION ~ LAW IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. ! served upon the follo mail, First Class, pos addressed as follows: Bradley L. Gn Griffie & As 200 North H~ Carlisle, PA Date: October 30,~ dcKnight, IH, Esquire, hereby certify that a copy of attached document was a, ing by depositing a tree and correct copy of the same in the United States :age prepaid in Carlisle, Pennsylvania, on the date referenced below and iffie, Esq. ~ciates aover St. 7013 By: IRWIN & Mc~GHT Marcul(A. McKni~, III, ] sqair~ 60 West Pomffet S~reet Carlisle, PA 17015~__.~j (717) 249-2353 Supreme Court I.D. No. 25476 303 5 IN RE: TANNER RICHARD THORNTON IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03-5053 CIVIL ORDER OF COURT day of November, 2003, this matter having AND NOW, this been called on a petition to change the name of a child, IT I$ ORDERED that the name of Tanner Richard Thornton, born November 16, 1999, is changed to Tanner Richard Thornton-Alleman? Bradley L. Griffie, Esquire For Christopher John Alleman Marcus A. McKnight, III, Esquire For Tonya L. Thornton-Karper :sal ' The parties agree that the natural father, Christopher John Alleman shall be named on a new birth certificate to be issued to replace the prior birth certificate where the father's name is not recorded.