HomeMy WebLinkAbout03-5071IN RE: CHA~GB OF NAME OF
ANTHONY DANIEL WILSON,
A minor, to ANTHONY DANIEL
LESGALLEET
: IN THE COURT OF COMMON PLEA8 OF
: CUMBERLAND COUNTY~ PENNBYLVANIA
i NO. 03 - ~.~_ CIVIL TERM
PETITION FOR CHANGE OF NAME
TO THE HONORABLE JUDGES OF SAID COURT:
NOW come the petitioners, JOAN E. LESCALLEET and DANIEL RAY
LESCALLEET, by their attorneys, Harold S. Irwin, III, Esquire, and present this petition
for change of name, representing as follows:
1. Petitioners are JOAN E. LESCALLEET (paternal grandmother and legal
and physical custodian of the minor child, Anthony Daniel Wilson) and DANIEL RAY
LESCALLEET (natural father of the minor child, Anthony Daniel Wilson), adult
individuals who reside at 101 Lawrence Lane, Carlisle, Cumberland County,
Pennsylvania 17013.
2. The minor child, Anthony Daniel Wilson (born on April 27, 1998 - age 5
years), has resided with petitioner Joan E. Lescalleet since January, 2001. A copy of
his birth certificate is incorporated herein by reference and attached hereto as Exhibit
3. The child's parents were never married and at the time of the child's birth,
the natural mother, Teresa M. Wilson, instructed hospital personnel to list the child's
name as Anthony Daniel Wilson.
4. Subsequently, after DNA testing, petitioner Daniel R. Lescalleet, and the
natural mother, Teresa M. Wilson, both acknowledged paternity of the child by Daniel
and they entered into the custody agreement with petitioner Joan E. Lescalleet.
5. Petitioner Joan E. Lescalleet obtained legal and physical custody of the
child by virtue of said agreement, dated December 15, 2001, and confirmed by Order of
Court dated December 27, 2001. A copy of this agreement is incorporated herein by
reference and attached hereto as Exhibit "B".
6. The child has resided with petitioners since January, 2001, and has now
asked them why his name is not the same as his father's.
7. Petitioners believe that it would be in the best interest and permanent
welfare of the child to assume his fatheCs last name for the following reasons:
A. The child lives with his father and paternal grandmother, petitioners
Daniel Ray Lescalleet and Joan E. Lescalleet;
B. The child's paternal grandmother, petitioner Joan E. Lescalleet has
legal and physical custody of the child;
C. The child is now in kindergarten and has requested that he be
permitted to have his father's name;
D. The child was referred by his pre-school for psychological review
and the psychologist suggested that the name change be accomplished to
alleviate the challenges of a broken home and to engender a better feeling of
belonging in the family in which he lives;
F_. The child's mother, Teresa M. Wilson, has visited the child only five
times in the last two years and not since April, 2003.
F. The surname of "Lescalleet" reflects the child's true identity;
G. The surname "Lescalleet" reflects the fact that it is the petitioners
who have assumed sole responsibility for the child's care and upbringing.
8. There are no judgments or decrees of like character of record against
Anthony Daniel Wilson..
WHEREFORE, petitioner requests your Honorable Court, pursuant to Act of
December 16, 1982, P.L. 1309, No. 295, Section 2, 54 Pa. Cons. Stat. Section 701, et
seq., to do the following:
A. Fix a hearing on this petition;
B. Direct that notice be given of this petition; and
C. Enter a decree changing the name of the minor child from Anthony
September ~'~, 2003
Daniel Wilson to Anthony Daniel Wilson Lescalleet.
VERIFICATION
The foregoing petition is true and correct to the best of my knowledge,
information and belief. I understand that false statements made herein are subject to
the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to
authorities.
September -~:~ 2003
September ~, 2003
JUAN E. LESCALLEET Petitioner
IN RE: CHANGE OF NAME OF : IN THE COURT OF COMMON PLEA8 OF
ANTHONY DANIEL WILSON, : CUMBERLAND COUNTY, PENNSYLVANIA
A minor, to ANTHONY DANIEL :
LEECALLEET : NO, 03 - CIVIL TERM
OFFICIAL SEARCH
TO THE HONORABLE JUDGES OF SAID COURT:
An official search of the records and indices in the Office of the Prothonotary,
Cumberland County, Pennsylvania, shows that there are no outstanding judgments or
decrees of record against ANTHONY DANIEL WILSON.
,2003
Prothonotary
IN RE: CHANGE ~F NAME OF : IN THE COURT OF COMMON PLEA8 OF
ANTHONY DANIEL WlLSON~ : GUMBERLAND COUNTY, PENNSYLVANIA
A minor, to ANTHONY DANIEL :
LESCALLEET : NO. 03 - __ CIVIL TERM
ORDER FOR PUBLICATION
NOW this day of ,2003, upon motion of Harold S. Irwin, III,
Esquire, attorney for petitioners, it is ordered and decreed that the within petition be
heard on the __ day of ,2003, at __ o'clock .m. in Courtroom
No. , Cumberland County Courthouse, Carlisle, Pennsylvania, and that notice of
headng be published in two newspapers of general circulation in this County, one of
which may be the official paper for publication of legal notices in this County.
By the Court,
NOTICE
NOTICE IS HEREBY GIVEN that on ,2003, the petition of
Joan E. Lescalleet and Daniel Ray Lescalleet, adult individuals, was filed in the Court of
Common Pleas of Cumberland County, preying for a decree to change the name of
Anthony Daniel Wilson, a minor, to Anthony Daniel Wilson Lescalleet.
The Court has fixed ,2003, at
o'clock__.m., in Courtroom No. , Cumberland County Courthouse, Carlisle,
Pennsylvania, as the time and place for the hearing of this petition, when and where all
persons interested may appear and show cause, if any they have, why the prayer of the
petition should not be granted.
Harold 8. Irwin, III, Esqulro
64 South Pitt Street
CaHIsle, PA 17013
7t 7-243-6090
EXHIBIT "A"
mRm 04.-27-1998 NO 3314190-1998
F~LED 0 4 - 2 9 - :L 9 9 8
COUNTY OF
BIRTH 04--02-2003
NAME
ANTHONY DAN:
FATHERS NAME
~DANIEL R~
MOTHERS MAID~
TERESA MARI
10299617 ,'
EXHIBIT "B"
HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA t7013
(717) 243-6090
ATTORNEY FOR PETITIONERS
JOAN E. LESCALLEET~
Plaintiff
Vm
DANIEL R. LESCALLEET and
TERESA M. WILSON,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 0t 47o E'7 CIVIL TERM
CUSTODY
ORDER OF COURT
AND NOW, this ~ day of December, 2001, upon presentation and
consideration of the attached stipulation and agreement and upon agreement of the
parties, it is hereby ordered and decreed that the attached agreement is made an Order
of Court.
BY THE COURT,
)si
JOAN E. LESCALLEET~
Plaintiff
DANIEL R. LESCALLEET and
TERESA M. WILSON~
Defendants
: IN THE CC=JRT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
;
: CIVIL ACTION - LAW
: NO. 01 -?u~¥ CIVIL TERM
: CUSTODY
STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into this __ day of
December, 2001, by and between JOAN E. LESCALLEET (hereinafter referred to as
"Grandmother") and DANIEL R. LESCALLEET and TERESA M. WILSON (hereinafter
referred to as "Parents").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the Parents are the natural parents of a minor child, namely Anthony
Daniel Wilson (age 3 years, born April 27, 1998); and
WHEREAS, the Grandmother is the paternal grandmother of the child and has
been the primary caretaker of the child since January, 2001; and
WHEREAS, the parties wish to enter into an agreement relative to the custody
and visitation of the child.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties hereto
agree as follows:
1. The Grandmother shall have legal custody of the child.
2. The Grandmother shall have primary physical custody of the child.
3. The Parents shall have visitation and partial custody of the child as the
parties may mutually agree from time to time.
4. The parties will keep each other advised immediately relative to any
emergencies concerning the child and shall further take any necessary steps to ensure
that the health, welfare and well being of the child is protected.
5. The parties shall do nothing that may estrange the child from the other
parent or injure the opinion of the child as to the other parent or which may hamper the
free and natural development of the child's love or affection for the other parent.
6. The Parents shall each pay support to the Grandmother on behalf of the
child in the amount of $25.00 per week. Said payments shall be made by the Parents to
the Grandmother through the Cumberland County Domestic Relations Office and / or
P.S.C.D.U. The Father shall also continue to pay $12.50 bi-weekly for the arrears
which have accumulated until all arrears are paid in full.
7. Any modification or waiver of any of the provisions of this agreement shall
be effective only if made in writing and only if executed with the same formality of this
agreement.
8. The parties agree that in making this agreement there has been no fraud,
concealment, overreaching, coercion or other unfair dealing on the part of the other.
9. The parties desire that this agreement be made an order of Court through
the Court of Common Pleas of Cumberland County, and further acknowledge that the
Court of Common Pleas of Cumberland County has jurisdiction over these issues and
COMMONWEALTH OF PENNSYLVANIA :
:SS:
COUNTY OF CUMBERLAND :
On this, the /~day of December, 2001, before me, the undersigned officer,
appeared DANIEL R. LESCALLEET, known to me ( or satisfactorily proven ) to be the
same person whose name is subscribed to the instrument, and acknowledged that he
executed this agreement for the purposes therein contained.
Cad sle Boro, Curnoerla~d C~ur~b/
My Commission Expires Sept. 23.2C02 ~
(SEAL)
COMMONWEALTH OF PENNSYLVANIA :
:SS:
COUNTY OF CUMBERLAND :
On this, the /-~'~day of December, 2001, before me, the undersigned officer,
appeared TERESA M. WILSON, known to me ( or satisfactorily proven ) to be the same
person whose name is subscribed to the instrument, and acknowledged that she
executed this agreement for the purposes therein contained.
~SEAL)
I Notary Public (,~
shall retain such jurisdiction should circumstance¢ chsrmge and either party desire
further or require further modification of said Order.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the
terms hereof, set forth their hands and seals the day and year herein set forth.
WITNESSETH:
Date: ~ /
~'~ r~'z~l~ (SEAL)
J~AN E. LESCALLEET
DANIEL R. LESCALLEET
TERESA M. WILSON
COMMONWEALTH OF PENNSYLVANIA :
:SS:
COUNTY OF CUMBERLAND :
On this, the /~day of December, 2001, before me, the undersigned officer,
personally appeared JOAN E. LESCALLEET, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument and acknowledged
that she executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunt~~
IN RE: CHANGE OF NAME OF
ANTHONY DANIEL WILSON, a
minor, to ANTHONY D,~NIEL
LESCALLEET
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-5071 CIVIL TERM
ORDER O_..__~F COURT
AND NOW, this ~-(:~ day of September 2003, a hearing on the
within motion for a name change shall be conducted at 8:45 a.m., Monday, November
24, 2003, in Courtroom Number 2, Cumberland County Courthouse, Carlisle,
Pennsylvania.
Edgar B. ~a'yley, J. ~
:sat
IN RE: CHANGE OF NAME OF
ANTHONY DANIEL WILSON, a
minor, to ANTHONY DANIEL
LESCALLEET
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
· 03-5071 CIVIL TERM
ORDER OF COURT
AND NOW, this [ ~ day of November, 2003, the hearing on the
within motion for a name change currently scheduled for November 24, 2003, is
cancelled and rescheduled to 8:45 a·m., Monday, December 29, 2003, in Courtroom
Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Co!~rt;~') ~
Edgar-B. I~ayley, J.'~ -~.
:sal
WOLD 8. I~i~IN, III, E~QUIRE
A'II'ORNEY ID HQ. ~'~g30
M 8OUTI4 Pill' STREET
CARLISLE PA 47013
A'rrORNEY FOR PETITIONER
IN KB: CHANGE OF NAME OF
ANTHONY DANIEL WILSON,
A minor, to ANTHONY DANIEL
LE$CALLEET
: IN THE COURT OF COMMON PLEA8 OF
: CUMBERLAND COUNTY, PENNBYLVANIA
-' NO. 03 ~ CIVIL TERM
DECREE
NOW, this ~..c~ day of~,.2003, upon hearing on the within
petition and on motion of Harold S. Irwin, Ill, Esquire, attorney for petitioners, and upon
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 the like effect against Anthony
Daniel Wilson, and it appearing that there is no legal objection to the granting of the
prayer of the petitioners,
IT IS ORDERED AND DECREED that the name of Anthony Daniel Wilson, a
minor, is hereby changed to ANTHONY DANIEL WILSON LESCALLEET.
By the Court,~j;:~