HomeMy WebLinkAbout04-2833Johnson, Duffle, Stewart & Weidner
By: Melissa Peel Greevy
I.D. No. 77950
301 Market S~'eet
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Petitioner Dana Lynn Askey
In the Petition of Dana Lynn Askey for the
change of name of Thomas James Askey-
Wilkinson to Thomas Askey James
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
C~RPt IAN~ ~t~KT B~I~ION
PETITION FOR NAME CHANGE
PURSUANT TO ~ Pa.C.S.A. 6 701. et s~.
TO: THE HONORABLE JUDGE OF SAID COURT:
AND NOW, Dana Lynn Askey through her attorneys Johnson, Duffle, Stewart & Weidner,
respectfully represents the following:
1. Petitioner is Dana Lynn Askey of 400 Seventh Street, Apt. 1, New Cumberland, PA 17070.
2. The Petitioner desires to change her name from Dana Lynn Askey to Dayna Lynn Askey
James pursuant to 54 Pa. C.S.A. § 701 and desires to change the name of her minor child from Thomas
James Askey-Wilkinson to Thomas Askey James pursuant to 54 Pa.C.S.A, § 703.
3. Petitioner has concurrently filed a separate petition seeking to change her name and, if
granted, Title 24 provides that the new surname of mother shall be borne likewise by the child unless
otherwise ordered by the Court, 54 PA. C. S. A. § 703,
4, The Petitioner's reason for desiring the change of the child's name are:
(a) The Petitioner is the adoptive child of Charles and Sharon Askey, and the
Petitioner's only known blood relative is her son, Thomas James Askey-Wilkinson, born
February 4, 1999. As such, Petitioner Askey believes that it is in the best interests of her son
and herself to have the same surname in order to honor their blood relation and status as a
family.
(b) The biological father, Jason A. Wilkinson, has no relationship with the child
and has had no contact with him whatsoever for a period in excess of five years.
(c) The change is in the child's best interest because he will be starting school in
the fall and the Petitioner desires to prevent confusion and avoid embarrassment caused by
having the surname of a non-participant Father and a dissimilar surname from that of his
Mother.
(d) The change of the child's surname will not impair the relationship with Father
because none exists.
(e) Dana Lynn Askey is and always has been the sole custodial parent to the child
and he has lived with her continuously throughout his life in Cumberland County.
(f) No confusion will result for the child because he understands his name to be
"Thomas James" and does not know his current surname.
4. Petitioner requests this Court:
(a) To fix a hearing on this petition; and,
(b) To direct that notice be given of the filing of this petition and the hearing.
5. Petitioner requests this Court that her child not be subject to the requirement of fingerprinting
or notification of the State Police Department on his behalf pursuant to 54 Pa.C.S.A. § 702(b) (5) (iii).
6. Petitioner requests this Court to waive the requirement for official searches of the proper
offices of the county where the child resides on the grounds that the subject of this petition is a minor, 5
years of age and avers that there are not judgments or decrees of record or any other matter of like
character against him.
I, Dana Lynn Askey, 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 made herein are made subject to
the penalties of 18 Pa. C.S.A. {}4904, relating to unsworn falsification to authorities.
Date: (_~//'-~ t 0~ By:
Dana Lynn Askey (~
Date:
JOHNSON~3~"PI)E, STEWART & WEIDNER
k~ssa eel reevy
:230793
IN THE PETITION OF :
DANA LYNN ASKEY :
FOR THE CHANGE OF :
NAME OF THOMAS :
JAMES ASKEY- :
WILKINSON TO :
THOMAS ASKEY :
JAMES :
AND NOW, this
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COLD4TY, PENNSYLVANIA
CIVIL ACTION - LAW
04-2833 CIVIL TERM
ORDER OF COURT
13th day of July, 2004, upon consideration of the attached
Petition for Name Change Pursuant To 54 Pa. C.S.A. §701, et seq., a hearing is scheduled
for Thursday, September 23, 2004, at 2:30 p.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 Coun]Iy 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,
J.~Vesley Oler, Jr., J. --
Melissa Peel Greevy, Esq.
P.O. Box 109
Lemoyne, PA 17043
Attorney for Petitioner
:rc
IN THE PETITION OF DANA LYNN
ASKEY FOR THE CHANGE OF NAME
OF THOMAS JAMES ASKEY-
WILKINSON TO THOMAS ASKEY
JAMES
IN TIHE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-2833
CIVIL ACTION - LAW
RETURN OF SERVICE
The undersigned makes the following return of service:
The Petition for Name Change and Order of Court were mailed to the Defendant, Jason
A. Wilkinson, on September 1, 2004 and September 8, 2004, respectively, at 5 Laughlin Circle,
Altoona, PA 16602:
X
Copies of the signed return receipts indicating service was completed for
the Petition and Order on September '10, 2004 are attached hereto.
The mail, refused and returned, is attached. A copy mailed to the
Defendant at the same address by ordinary mail with the return address
of the sender appearing thereon has riot been returned within fifteen days
after mailing.
I, Melissa Peel Greevy, certify that I am a competent adult not a party to the action.
I verify that the statements made in this affidavit and return of service are true and
correct. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Date: September 20, 2004
JOHNSON, D~I~EWART & WEIDNER
Melissa Peel Greevy
Attorney I.D. No. 77950
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telepho~e (717) 761-4540
Attorneys for Petitioner
:235618
2-' "
IN THE PETITION OF DANA LYNN
ASKE¥ FOR THE CHANGE OF NAME
OF THOMAS JAMES ASKEY-
WILKINSON TO THOMAS ASKEY
JAMES
IN THF_ COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-2833
CIVIL ACTION - LAW
PROOF OF PUBLICATION
Attached hereto is Proof of Publication in the Cumberland Law Journal on August 6,
2004 noticing the hearing of September 23, 2004 at 2:30 p.m. in this matter.
This Publication was made pursuant to C.C.R.P. 5, and the Act of December 16, 1982,
P.L. 1309, § 6 (see 54 Pa. C.S. §701 [Historical and StatutoP./Notes] [Main Volume]), and 54
Pa. C. S. §§ 701 et seq.
Date: September 21, 2004
JOHNSON, DUFFLE, STEWART & WEIDNER
-Melissa Peel Greevy ~
Attorney I.D. No. 77950
301 Market Street
P.O. Box 1{;)9
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Petitioner
:235761-3
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L. 1784
STATE OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS.
Lisa Marie Coyne, Esquire, Editor of the Cumberland ]Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local couxts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
AUGUST 6, 2004
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
SWORN TO AND SUBSCRIBED before me this
6 day of A_____U_UGUST 2004
LOIS E, SNYDER, Notary Public
Carlisle Boro, Cumberland Count,/
My Commissio~ E~:pires March 5, 2005
CUMBERLAND LAW JOURNAL
NOTICE
In the Court of Common Pleas
Cumberland County, Pennsylvania
No. 04-2833 Ci~l
IN THE PETITION OF
DANA LYNN ASKEY FOR THE
CHANGE OF NAME OF
THOMAS JAMES ASKEY-
WILKINSON TO
THOMAS ASKEY JAMES
NOTICE
NOTICE IS HEREBY GIVEN that
on June 21, 2004, the Petition of
Dana Lynn Askey was filed in the
above-named Court, requesting an
order to change the name of her son
Thomas James Wilkinson to Thom-
as Askey James.
The Court has fixed the day of
September 23, 2004 at 2:30 p.m.,
in Courtroom No, I of the Cumber-
land County Courthouse, One Court-
house Square, Carlisle, PA 17013,
as the time and place for the hear-
ing on said Petition, when and where
ail interested parties may appear
and show cause, if any, why the
requests of the Petitioner should not
be granted.
MELISSA PEEL GREEVY,
ESQUIRE
JOHNSON, DUFFIE, STEWART
& WE1DNER
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
July 27, 2004
Aug, 6
4
IN THE PETITION OF DANA LYNN
ASKEY FOR THE CHANGE OF NAME
OF THOMAS JAMES ASKEY-
WILKINSON TO THOMAS ASKEY
JAMES
IN THE COURT OF COMMON PLEAS
'OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-2833
CIVIL ACTION - LAW
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SS:
AFFIDAVlT OF TAMMY L. KITNER
I, Tammy L. Kitner, being employed by Johnson, Duffle, Stewart & Weidner in a capacity
for which I routinely check judgment indexes of several local counties represent the following:
As required by § 54 Pa. C. S. 701, I have performed a search on Dana Askey and
hereby certify that on September 21, 2004 there were no pending court suits or actions or
outstanding, unsatisfied judgments or decrees of record in the Dauphin County Court of
Common Pleas for the Commonwealth of Pennsylvania.
I verify that the statements in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Sworn and subscribed to before me
this ,,,~! ~-~ay of~2004.
- Notary Public
Nota~a~Seal
~ K, Myel~s, No~ Public
MY Commission Expires Dec. 2, 2006
:235702-2
IN THE PETITION OF DANA LYNN
ASKEY FOR THE CHANGE OF NAME
OF THOMAS JAMES ASKEY-
WILKINSON TO THOMAS ASKEY
JAMES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-2833
CIVIL ACTION - LAW
COMMONWEALTH OF PENNSYLVANIA:
:
COUNTY OF CUMBERLAND
SS:
AFFIDAVlT OF TAMMY L. KITNER
I, Tammy L. Kitner, being employed by Johnson, Duffle, Stewart & Weidner in a capacity
for which I routinely check judgment indexes of several local counties represent the following:
As required by § 54 Pa. C. S. 701, I have performed a search on Dana Askey and
hereby certify that on September 21, 2004 there were nc, pending court suits or actions or
outstanding, unsatisfied judgments or decrees of record in the Cumberland County Court of
Common Pleas for the Commonwealth of Pennsylvania.
I verify that the statements in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Sworn and subscribed to before me
this ~/Mday of~ 2004.
Notary Public
:235702
IN THE PETITION OF DANA LYNN :
ASKEY FOR THE CHANGE OF NAME :
OF THOMAS JAMES ASKEY- :
WILKINSON TO THOMAS ASKEY :
JAMES :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-2833 CIVIL TERM
IN RE: LIEN SEARCH REQUIREMENT WAIVED
ORDER OF COURT
AND NOW, this 23rd day of September,
requirement that
petitioner at No.
2004,
a lien search be conducted for the minor
04-2833 Civil Term is waived.
By the Court,
the
Melissa Peel Greevy, Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
For the Petitioners
:mae
IN THE PETITION OF DANA LYNN :
ASKEY FOR THE CHANGE OF NAME :
OF THOMAS jAMES ASKEY- :
WILKINSON TO THOMAS ASKEY :
JAMES :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-2833 CIVIL TERM
IN RE: PETITION FOR CHANGE OF NAME
ORDER OF COURT
AND NOW, this 23rd day of September, 2004, upon
consideration of the attached petition and after hearing, it is
found that the requirements of 54 Pa.C.S.A. Sections 701 and 703
have been satisfied and it is in the best interests of the child
that the name of Thomas James Askey-Wilkinson is changed to
Thomas Askey James.
By the Court,
Jyesley 01~, Jr., J.
Melissa Peel Greevy, Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
For the Petitioners
:mae