Loading...
HomeMy WebLinkAbout09-8790STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PETITIONER IN RE: PETITION FOR CHANGE OF NAME OF ALYSSA PAIGE SWARTZ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO: 2009- q,6 Gu' j+o "` PETITION FOR CHANGE OF NAME Petitioner, Jennifer R. Jumper, mother, on behalf of Alyssa Paige Swartz, by and through her attorney, Stacy B. Wolf, Esquire, hereby presents this petition requesting that this Court order a change of Alyssa Paige Swartz's name, pursuant to 54 Pa. C.S. § 701 et seq., and in support thereof makes the following averments: Petitioner, Jennifer R. Jumper, is the mother of the minor child, Alyssa Paige Swartz, who is the subject of the instant petition. 2. Petitioner has been a resident of Cumberland County continuously for the past year. 3. Alyssa Paige Swartz was born on January 13, 2004. 4. During the five years preceding the filing of this petition down to and including the date thereof, Alyssa Paige Swartz has resided continuously at the following locations: (a) 333 Burgners Road, Carlisle, Pennsylvania - August 2005 to Present; (b) 329 McAllister Church Road, Carlisle, Pennsylvania - March 2005 to August 2005; and (c) 1601 Walnut Bottom Road, Carlisle, Pennsylvania. - birth to March 2005. 5. Petitioner was married to Ryan E. Swartz, the person named as father on the child's Birth Certificate. 6. On October 5, 2009, as a result of DNA testing, it was determined with greater than 99.99999% probability that the child's biological father is Alex Ellis. Because Ryan E. Swartz is not the child's father and because Petitioner wishes that the child's name match her biological father, Alex Ellis, Petitioner seeks the relief requested herein to allow the child to have the same name as her biological father. Petitioner desires Alyssa Paige Swartz to be known as Alyssa Paige Ellis. 8. The child is aware that Alex Ellis is her biological father and has developed a relationship with her father through constant contact and visitation. 9. Conversely the child has no relationship with Ryan E. Swartz, who had been believed to be the child's father and who is named on the birth certificate for the child. 10. Mr. Swartz has had no contact with the child other than in passing during custody exchanges of petitioner's other two children since the results of the DNA testing established that Mr. Ellis was the child's father. 11. Despite the fact that the child is only almost six years old, she desires her own name to match that of her biological father and is in kindergarten where the proper name for the child will have significant impacts as she 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 she bears. 13. Petitioner 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 Alyssa Paige Swartz to Alyssa Paige Ellis. 15. The reason for the requested change of name is the following: (a) Ryan E. Swartz is not the child's natural father. (b) Ryan E. Swartz, has had no contact with the child or the Petitioner other than in passing during custody exchanges of petitioner's other two children since the results of the DNA testing established that Mr. Ellis was the child's father and his agreement to the name change was sought through the undersigned counsel in December, 2009, and his consent was obtained in writing and is attached hereto as Exhibit A. (c) Alex Ellis is the child's natural father and does consent to the name change. WHEREFORE, Petitioner, Jennifer R. Jumper, 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 Alyssa Paige Ellis along with any additional relief that the Court may deem appropriate and just. Dated: / -1. , 2009 Respectfully submitted, WOLF & WOLF, Attorneys at Law F rfr, C BY: Stacy B. lf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff IN RE: PETITION FOR CHANGE OF NAME OF ALYSSA PAIGE SWARTZ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO: 2009- CONSENT" TO NAME CHANGE I, Ryan Swartz, being over the age of eighteen years, certify the following: 1. My name is Ryan Swartz. 2. I amyl years of age. 3. My marital status is single. 4. I am named as the natural father of Alyssa Paige Swartz on the child's birth certificate, the person whose name is to be changed. 5. Jennifer jumper is the natural mother of Alyssa Paige Swartz, 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 Alyssa Paige Ellis. 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. EXHIBIT "A" (1) 8. I have read and understand the above and I am signing it as a free and voluntary act. ?V? 1 , 2009 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF C hSA-L On this IC' ) day of ?, in the year 2009, before me, the undersigned, a Notary Public in and for said Commonwealth, personally appeared Ryan Swartz, 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 be o£ ch the individuals acted, executed the instrument. ?J (Seal) Notary Public My commission expires LN '` COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DARCIE A. NEIL, Notary Public Som of Carlisle, Cumberland County My CCmmiseian Snpkw Nov 24, 0a EXHIBIT "A" (2) RECEIVED ?-?? = VERIFICATION I, Jennifer R. Jumper, 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. /,; p?") , 2009 t Je 'fer R. J mper 77 E i Q* 6 1CCJ0._C L2 AI'; ii' 12 *9ol.oo PD A`Tq Oxv A(P48 a3s3Hs IN RE: PETITION FOR IN THE COURT OF COMMON PLEAS OF CHANGE OF NAME OF CUMBERLAND COUNTY, PENNSYLVANIA ALYSSA PAIGE SWARTZ CIVIL ACTION - LAW NO. 09-8790 CIVIL TERM ORDER OF COURT AND NOW, this 4t' day of January, 2010, upon consideration of the attached Petition for Change of Name, a hearing is scheduled for Tuesday, February 23, 2010, at 10:00 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. BY THE COURT, VWesley Ol r, Jr., J. -"S"'tacy B. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Petitioner :rc 00 ry rnac( /ls??a R4D-O E OF THE PROiH?', 2010 JAN -5 AM 11: 36 CUMBERLAND trOUN N PE"W" IN RE: : IN THE COURT OF COMMON PLEAS OF PETITION FOR :CUMBERLAND COUNTY, PENNSYLVANIA CHANGE OF NAME OF . ALYSSA PAIGE SWARTZ :CIVIL ACTION -LAW . ~? c ~~ NO: 2009-8790 ' ~ %J: W 't _7}~) ORDER ±~~ c~ ~a r AND NOW, this Z3 day of FA_ ~ Zo rU :~ upon consideration of ~~ rv $Y~ atta'~hed petition of Jennifer R. Jumper 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 Alyssa Paige Swartz is changed to Alyssa Paige Ellis. BY THE COURT: Distribution: / /, / Stacy B. Wolf, Esquire -~ilf~IG!` ~'~1 v-tV-~l~ a~~31 /6 ~'~1 ~~ ~~; ~ ~ f . € C..' ;, ~.~-' ~ 1~ - - - . Wesley Ole`r, Jr., J. `~