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HomeMy WebLinkAbout09-8303NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PETITIONER IN RE: : IN THE COURT OF COMMON PLEAS OF PETITION FOR : CUMBERLAND COUNTY, PENNSYLVANIA CHANGE OF NAME OF McKANE AUSTIN HORN : CIVIL ACTION - LAW :NO: 2009- PETITION FOR CHANGE OF NAME Petitioner, Ruschelle L. Henry, mother, on behalf of McKane Austin Horn, by and through her attorney, Nathan C. Wolf, Esquire, hereby presents this petition requesting that this Court order a change of McKane Austin Horn's name, pursuant to 54 Pa. C.S. § 701 et seq., and in support thereof makes the following averments: Petitioner, Ruschelle L. Henry, is the mother of one minor child, namely McKane Austin Horn, the subject of the instant petition. 2. Petitioner has been a resident of Cumberland County continuously for the past year. McKane Austin Horn was born on September 20, 2003. 4. During the five years preceding the filing of this petition down to the and including the date thereof, McKane Austin Horn has resided continuously at the following locations: (a) 17 Walnut Dale Road, Shippensburg, Pennsylvania - October 2008 to Present; (b) 2330 Russell Avenue, Millsboro, Delaware - September 2007 to October 2008; (c) Cumberland Avenue, Shippensburg, Pennsylvania - September 2006 to September 2007; (d) 365 Bradley Lane, Shippensburg, Pennsylvania - February 2005 until September 2006; and, (e) 60 Airport Road, Shippensburg, Pennsylvania from the child's birth until February 2005. Petitioner was never married to Aaron Matthew Horn, the person named as father on the child's Birth Certificate. On March 4, 2005, as a result of DNA testing, it was determined with 99.99998% probability that the child's biological father is Adam S. Coldsmith. 7. Because Aaron Matthew Horn is not the child's father and because Petitioner wishes that the child's name match his biological father, Adam S. Coldsmith, Petitioner seeks the relief requested herein to allow the child to have the same name as his biological father. Petitioner desires McKane Austin Horn to be known as McKane Austin Coldsmith. 8. The child is aware that Adam S. Coldsmith is his biological father and has developed a relationship with his father through constant contact and visitation. 9. Conversely the child has no relationship with Aaron Horn, who had been believed to be the child's father and who is named on the birth certificate for the child. 10. Mr. Horn has had no contact with the child since the child the results of the DNA testing established that Mr. Coldsmith was the child's father. 11. Despite the fact that the child is only six years old, he desires his own name to match that of his biological father and has just begun kindergarten where the proper name for the child will have significant impacts as he develops relationships with other children. 12. The granting of the instant relief would enable the child to avoid unnecessary embarrassment and confusion as to whose name he bears. 13. Petition intends to seek an amendment to the child's birth certificate to correctly identify the name of the child's biological father, but seeks the instant interim relief with the knowledge that subsequent steps must still be taken to ensure that the child's biological father is appropriately identified on the child's birth certificate. 14. Petitioner requests that the child's name be changed from McKane Austin Horn to McKane Austin Coldsmith. 15. The reason for the requested change of name is the following: (a) Aaron Matthew Horn is not the child's natural father. (b) Aaron Matthew Horn has had no contact with the child or the Petitioner for a period in excess of four (4) years and his agreement to the name change was sought through the undersigned counsel in November, 2009, and his consent was obtained in writing and is attached hereto as Exhibit A. (c) Adam S. Goldsmith is the child's natural father and does consent to the name change. WHEREFORE, Petitioner, Ruschelle L. Henry, respectfully prays that this Honorable Court enter an order fixing a time for a hearing on the instant petition before this Court, no less than one month, nor more than three months from the filing of the instant petition, and that after hearing, that this Honorable Court issue an Order authorizing the change of the child's name to McKane Austin Coldsmith along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF 8y*LF, Attorneys at Law Dated: A"h, / , 2009 N' Wolf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff IN RE: : IN THE COURT OF COMMON PLEAS OF PETITION FOR : CUMBERLAND COUNTY, PENNSYLVANIA CHANGE OF NAME OF McKANE AUSTIN HORN : CIVIL ACTION - LAW NO: 2009- CONSENT TO NAME CHANGE I, Aaron Matthew Horn, being over the age of eighteen years, certify the following: 1. My name is Aaron Matthew Horn. 2. I am47years of age. 3. My marital status is single. 4. I am named as the natural father of McKane Austin Horn on the child's birth certificate, the person whose name is to be changed. 5. Ruschelle L. Henry is the natural mother of McKane Austin Horn, the person whose name is proposed to be changed. 6. I hereby voluntarily and unconditionally consent to the change of name of the above named child to McKane Austin Coldsmith. EXHIBIT "A" (1) 7. I understand I may not revoke this consent until such time as the Court enters and order granting the relief request, after hearing and publication of notice of the same. 8. I have read and understand the above and I am signing it as a free and voluntary act. ,VO v , 2009 O%t- Aaron Matthew Horn COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF , ilZ On this ? day of A16V , in the year 2009, before me, the undersigned, a Notary Public in and for said Commonwealth, personally appeared Aaron Matthew Horn, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individuals acted, executed the instrument. (Seal) _/?? CX 16 Notary Public My commission expires Z&4 53' l M ONWEALTH OFF PENNSYLVANIA NOTARIAL SEAL j BARBARA L. STAKE, Notary Public $ noro of Shippensburg, Franklin County -, m,.:,_?Irxrirestlugust8,?f?!t EXHIBIT " A)) (2) VERIFICATION I, Ruschelle L. Henry, hereby verify that I am the Petitioner in this action and the facts stated in the above 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 unsworn falsification to authorities. /9,12 r , 2009 juschelffe L *HeAryy 1 09G C -1 f"f C 7/ NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PETITIONER IN RE: PETITION FOR PENNSYLVANIA CHANGE OF NAME OF McKANE AUSTIN HORN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION -LAW NO: 2009--8303 CERTIFICATE OF SERVICE I, Nathan C. Wolf, hereby certify that I served notice of the hearing on the petition for name change in the above-captioned matter on the date indicated, upon the following individuals, by United States First Class mail: Adam Goldsmith 71 Lenwood Park Shippensburg, PA 17257 (Child's biological father) (Served December 16, 2009) Aaron M. Horn c/o Ray 8c Sharon Horn 42 Airport Road Shippensburg, PA 17257 (Child's legal father) (Served December 11, 2009) Dated: January 13, 2010 WOLF & OLF, Attorneys at Law N .Wolf, Esquire Counsel for Petitioner f~~-~~~'F/l~~E/~ ~~pp~/ r f~r',T'L?~Rt~rlU't t ZO~D .lAg~ ! 3 C~~ i~~ 48 ~.:~~~w~~~ . ~7,-~y ; f. c ~~,,, r7 l h ;, p ,, IN RE: PETITION FOR CHANGE OF NAME OF McKANE AUSTIN HORN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: 2009-8303 ORDER [h AND NOW, this ~~ day of 7Av~ , 20 ~ ,upon consideration of the attached petition of Ruschelle L. Henry for change of name, and upon presentation of proof of publication of notice as required by law, and it appearing that there is no lawful objection to the request of the Petitioner, it is hereby ORDERED that the name of McKane Austin Horn is changed to McKane Austin Goldsmith. n N d o ~ ~~ ~~• ~- ~ ~ ~ ~ ~ ni ~ ~. ~ _ ° '::~ ~T t.... ~~. (_-.I ~ .~ar~ ~~1 • 111 /,, K. .dI ~~~ By the Court: