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HomeMy WebLinkAbout01-1067IN RE: JAMES PERRIN KELLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- /o~-7' CIVIL TERM PETITION TO CHANGE NAME CIVIL ACTION-LAW PETITION TO CHANGE NAME PURSUANT TO 54 Pa.C.S.A. SECTION 701 ET SEQ. AND PETITION TO SERVE NOTICE OF THE HEARING BY PUBLICATION UPON THE NATURAL FATHER AND NOW, comes James Perrin Kelley, by and through O'Brien, Baric and Scherer, Attorneys at Law and makes the following Petition: 1. Petitioner is James Perrin Kelley by his mother and natural guardian, Corrie E. Saracina. Petitioner is a minor individual residing at 15 Church Road, Carlisle, Cumberland County, Pennsylvania. 2. Petitioner was born March 30, 1998 in Connecticut. 3. At the time of birth, Petitioner was given the name James Perrin Kelley. A copy of the birth certificate evidencing this fact is attached hereto and incorporated herein as "Exhibit A." 4. Petitioner has resided continuously in Cumberland County since his mother returned to this area upon her discharge from the service and shortly after his birth. 5. There are no judgments or decrees of record against Petitioner. 6. Petitioner now desires to have his name changed to James Bartholowmew Saracina, so that his surname is the same as that of his natural mother and her parents with whom he resides. Additionally, the natural father has abandoned Petitioner and has exercised no interest at all in participating in Petitioner's life. 7. Petitioner's natural father has had no contact with Petitioner in excess of two full years and has not supported him. The natural father's whereabouts are unknown and have been since the Petitioner's mother made application for service by publication in reference to obtaining a custody order. 8. Petitioner incorporates the Motion filed by his natural mother requesting special service, docketed to No. 99-06293 in Custody, and avers, through his mother, that the circumstances outlined therein, other than the additional passage of time, have not changed. Accordingly, Petitioner respectfully requests that service pursuant to local rule, Rule 5, upon the natural father be by publication. The aforesaid Motion and Order, exclusive of the attachments, is attached hereto as exhibit "A". WHEREFORE, Petitioner requests your Honorable Court to enter an Order granting the Petitioner's request to change his name from James Perrin Kelley to James Bartholomew Saracina. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: Robert L. O'Brien, Esquire I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rob/c~omesticJsaracina.pet VERIFICATION I verify that the statements made in the foregoing Petition To Change Name And To Serve Notice By Publication 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. James Perrin Kelley by his natural mother, custodian and guardian Corrie E. Saracina DATED: ~ ~ ~ o-~ ~ o z z> ~ ~ ~ CORRIE E. SARACINA Plaintiff Vs. JERRY J KELLEY : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-06293 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this [ 3'~day of'~o~, 1999, upon consideration of the plaintiWs Motion for Order of Special Service upon defendant Jerry J. Kelly pursuant to Pa.R.C.P.§430(a), and it appearing to the Court that the plaintiff has made a good faith effort to locate and serve the defendant in the regula course, it is hereby ORDERED that said motion is granted, and service upon the defendant Jerry J. Kelly is to be made by publication one time in a local newspaper and one time in the Cumberland Law Journal. BY THE COURT, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT flAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 COR_RJE E. SARACINA Plainth~ Vs. JERRY J KELLEY Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-06293 CIVIL TERM : IN CUSTODY MOTION OF PLAINTII~F FOR ORDER OF SPECIAL SERVICE AND NOW, comes Plaintiff, Corrie E. Saracina, by and through her attorneys, O'Brien, Baric & Scherer, and files the within motion and, in support thereof, sets forth the following: 1. Corrie E. Saracina is an adult individual, currently residing at 15 Church Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Plaintiffand Defendant have a child, James P. Kelley, bom out of wedlock on March 30, 1998. 3. Plaintiff last saw Defendant on or about May of 1998. 4. Plainfifflast had contact with the Defendant on or about July of 1998. 5. In a letter dated July 2, 1998 Plaintiffretained Harold S. Irwin, III, Esquire to obtain custody of the above named child. A copy of the letter is attached as Exhibit "A". 6. On or about July of 1998 Harold S. Irwin, III, Esquire sent a copy of a Stipulation Agreement by regular mail to the Defendant. No response was made by the Defendant. A copy of the Stipulation Agreement is attached as Exhibit "B". On or about June of 1998 Plaintiff initiated an action for support of the above named child. 8. A support conference in the Domestics Relations Section in Carlisle on August 13, 1998 was ordered by the Honorable J. Wesley Oler, Jr. J. A copy of the Order is attached as Exhibit "C". was order by Michael R. Rundle, Esquire, Special Counsel. as Exhibit "D". On August 13, 1998 an Order to Appear for Genetic Testing on September 15, A copy of the Order is 10. In a letter dated December 2, 1998 another conference was scheduled at the Domestic Relations Section on December 17, 1998 to discuss the results of the genetic testing. A copy of the letter is attached as Exhibit "E". The Defendant did not appear at this conference. 11. An Order of Court was issued on January 6, 1999 by the Honorable J. Wesley Oler Jr. J. for another support conference at the Domestic Relations Section in Carlisle on February 4, 1999. A copy of the Order is attached as Exhibit "F". The Defendant did not appear at this conference. 12. An Order of Court - Reschedule A Conference was issued on February 7, 1999 by the Honorable J. Wesley Oler, Jr. J. for another support conference at the Domestic Relations Section in Carlisle on February 24, 1999. A copy of the Order is attached as Exhibit "G". The Defendant did not appear at this conference. 13. Another Order of Court was issued on May 11, 1999 by the Honorable J. Wesley Jr. J. for another support conference at the Domestic Relations Section in Carlisle on June 15, 1999. A copy of the Order is attached as Exhibit "H". 14. By letter dated May 24, 1999 the Plaintiffwas notified that the support conference originally scheduled for June 15, 1999 had been canceled because the Defendant's mail had been returned by the post office. A copy of the letter is attached as Exhibit 'T'. 15. On or about September of 1999 the Plaintiff received another Order of Court to appear for a support conference, the Plaintiff in turn withdrew her petition for support. 16. In an Order dated August 2, 1999 the Honorable J, Wesley Oler, Jr. J. dismissed the matter without prejudice due to the Plaintiff's request. A copy of the Order is attached as Exhibit "/". 17. The Plaintifffiled a Complaint in custody to the above caption on or about October 14, 1999. A copy of the Complaint is attached as Exhibit "K". 18. Plaintiff acquired the defendants last know address through the Domestic Relations Office of Cumberland County, Pennsylvania. 19. On or about October 14, 1999 the Plaintiff's attorney, Robert L. O'Bfien, sent a letter by regular mail to the Postmaster at Cheswiek, Pennsylvania. A copy of the letter is attanhed as Exhibit "L". 20. Service was attempted at the defendants last know address of 934 Rt.10, Cheswiek, Pennsylvania, 15024. Service of the complaint in custody was attempted by regular first class mail, and certified mail. A copy of the mail receipt is attached as Exhibit "M". 21. Service upon the defendant at the defendants last know address was unsuccessful. A response has been received by the defendants father at the last known address. :22. A letter dated October 25, 1999 was sent to the Defendants father by Robert L. O'Brien requesting help in locating the Defendant. A copy of the letter is attached as Exhibit 23. Defendants father does not know where his son is, and declines helping the plaintiff in finding the defendant. :24. No response to the complaint in custody was ever fil~d by the defendant. 25. An Order dated October 22, 1999 was issued by Dawn S. Sunday Esquire scheduling a Pre-Hearing Custody Conference on December 8, 1999. A copy of said Order is attached as Exhibit "O". 26. In order to obtain custody of the child in the above captioned matter the plaintiff must effectuate service of the Custody Complaint on defendant, Jerry J. Kelley. WHEREFORE, Plaintiff, Corrie E. Saracina, respectfully moves this Court to enter a special order of court to effectuate service of the Custody Complaint upon defendant, Jerry l. Kelley and service to be made by publication of the Custody Complaint directed to defendant, Jerry J. Kelley to be published in accordance with Pa.R.C.P. 430(1>)(1). O'BRIEN, BARIC & SCHEREP, Robert L. O'Bden 11)//44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 VI~IF[CATION C.S. § 4904, rdati~ ta ur~w~n ~ to ~ IN RE: JAMES PERRIN KELLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- /0 ~ 7 CIVIL TERM PETITION TO CHANGE NAME CIVIL ACTION-LAW ORDER FOR PUBLICATION AND NOW, this ~ day of '._ ~)~.-~L~b_ ,2001, upon motion of Robert L. O'Brien, Esquire, attorney for Petitioner, it is ordered and decreed that the within Petition be heard on -~2'/~/2-zc:~/z~ , the c~2~'f~::~ day of ~-4~,'~/ ,2001 at a.m./pm, in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania and that notice of the filing of the within Petition and of the aforesaid date of hearing be published in The Sentinel and the Cumberland Law Journal. The Court further orders and directs that service upon the natural father, Jerry J. Kelley, be by publication. BY TH~ 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, Roger M. Morgenthal, 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 courts 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 APRIL 6, 2001 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 Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 6 day of APRIL· 2001 LOiS E, SNYDER, Nota~ Publk3 My Commisskm Expires March 5, 2005 CUMBERLAND LAW JOURNAL NOTICE OF N~M~- CHANi~E TO: Jerry J. Ke]/ey and all other in- terested persons: James Perrin Kelley by his moth- er, Corrle E. Saraclna has fled a Petl- tinn to change h~s name from Jmes Perrin Kelley to dames Bartholomew Saracma. The PeUtton will be heard by the Court on Monday, April 23, 2001, at 8:45 a.m. in Courtroom #2, Cumberland County Courthouse. Carlisle, Pennsylvania. Apn 6 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Sherry Clifford, Classified Ad Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication March 31, 2001 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. April 2, 2001 Sworn to and subscribed before me this 2nd day of April ,2001. Notary Public My commission expires: NOTA,~A£ SEAL SHIRLEY O. DURNIN, Notary Public CarY~e Boro., Cumberland Couni¥ My .Commission Exl3ires Au . 9~L~0, 200Y,3~ IN RE: JAMES PERRIN KELLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- /c)~. ? CIVIL TERM PETITION TO CHANGE NAME CIVIL ACTION-LAW FINAL DECREE AND NOW, this '~-'~ day of ~ lk ,2001 after hearing upon the within Petition and upon motion of Robert L. O'Brien, Esquire, attorney for Petitioner, and upon presentation of 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 like effect against the Petitioner, and it appearing that there is no legal objection to the granting of the prayer of the Petition, IT IS ORDERED AND DECREED that the name of James Perrin Kelley be and is hereby changed to James Bartholowmew Saracina.