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Home My WebLink About04-3035 IN THE COURT OF COMMON PLEAS ~ ~6f-I~l ~COUNTY, STATE OF PENNSYLVANIA In The Matter Of The Petition of: , A Minor~ Petitioner, For a Change of Name to: COURT DIVISION DOCKET NO. 0 ¥- ~ o ~ ~/ PETITION FOR NAME CHANGE COMES MINOR PETITIONER, H6LIq~O..h oc jcc(1 byand through his legal guardian(s) and files this petition, and ug6n being duly sworn, respectfully represents and shows unto the Court: That the Minor Petitioner is a minor and is a bona fide resident of the Cotmty of ~ t~to be c ta~nd_ , Commonwealth of Peunsylvania, whose residence address is q bc-~ ¥~-0t~ (~o~c ~ Ch~ ~t~b~c~, 19/4 i 7/~b- . Minor Petitioner has been a bona fide resident of ~ wm becloardL County, Commonwealth of Pennsylvania for ~] years immediately prior to filing tiffs Petition· Minor Petitioner was bom on the }6-kdayof N[&.~ , )c~q~/ , in the County of [~bz~ h ,~q , State of~e n nS~Nc~ n ~o~ . Minor Petitioner's present name is ~&n c}cch J~oQ~o~ ~-~je~/~ . This is the current name of Minor Petitioner. That the Minor Petitioner prays for the change of name for the following reasons: (describe in detail): ~at ~e proposed ch~ge in the Minor Petitioner s nmne, if ~ted, will not be de.mental to the interests of ~y other person ~d is not against ~e public interest ~d is in the best interests of~e c~ld. 5. This Petition is not filed to defraud creditors. Minor Petitioner is [] not married or [] is married to · Minor Petitioner [] does not have children or [] has child/children. The name(s) of the child(ren) is/are Minor Petitioner ~J owns no real estate or [] owned real estate in County, Wherefore, the Minor Petitioner prays that by an Order of this Court, made and entered herein, the Minor Petitioner's name be changed to and decreed to be: Ad&ess: Phone: Re~e, ctfully Submi;ted, Parent/Legal Guardian of Minor Petitioner Address: Phone: Parent/Legal Guardian of Mhnor Petitioner Subscribed and sworn to before me on this the ,~3~' day of ,20 CY4 CLERK OF THE COURT OF COMMON PLEAS or By Deputy Clerk My Commission Expires JKENNETH L. FRY JR,, Naj¥ Pul~ IN THE COURT OF COMMON PLEAS ~ tL~q [Z~la~ ~COUNTY, STATE OF PENNSYLVANIA In The Matter Of The Petition of: , A Minor' ) Petitioner, ) ) ) For a Change of Name to: ) ) COURT DIVISION DOCKET NO. 0 ¥- ~ o .~ :..2 PETITION FOR NAME CHANGE COMES MINOR PETITIONER, ~&~ nab ~A __ ix, iOct;]O,,flf2"_ ,-,,-, I'- I¢.~'EF' by and through his legal guardian(s) and files this petition, and u~n being duly sworn, respectfully represents and shows unto the Court: That the Minor Petitioner is a minor and is a be,na fide resident of the County of C t~m bec la. nd_ , Commonwealth of Pem~sylvania, whose residence address is q Dca~/~0~ Coo-c'k Mc 6h~l It ~b~, 19gl i 705b- . Minor Petitioner has been a bofia fide resident of ~ m~ becla.rr~ County, Commonwealth of Pennsylvania for ~/ years immediately prior to filing this Petition. Minor Petitioner was bom on the 16Jo dayof Ma. vi , ~qtL~__, in the County of [')axco h ~rl , State of--Q-(~ n~,~lW-n 10~-~ . Minor Petitioner's present name is ~&n t~cch Ml)f-qoarl ~lec~t~[~ . This is the current name of Minor Petitioner· That the Minor Petitioner prays for the change of name for the following reasons: (describe in detail): ~lpOt' DeJct~on~'5 t~cr~tc'~ I~tc~4~ ~r~C I~ ~mK~o~. That We proposed ch~ge in the Minor Petitioner's nme, if ~ted, will not be deffimental to ~e interests of ~y other person ~d is not against ~e public int~est ~d is in the best interests of the chid. 5. This Petition is not filed to defraud creditors. 6. Minor Petitioner is [] not married or [] is married to · Minor Petitioner [] does not have children · ' or [] has child/children. The name(s) of the child(ten) is/are Minor Petitioner [~ owns no real estate or [] owned real estate in County, Wherefore, the Minor Petitioner prays that by an Order of this Court, made and entered herein, the Minor Petitioner's name be changed to and decreed to be: ~C~n~ Mo~a.a ~te~r HmK~:oa . Address: Phone: Re~e. ctfully Submi/;ted, Parent/Legal Guardian of Minor Petitioner M~ttn~C~bu~ Pti ~70~' Address: Phone: Parent/Legal Guardian of Minor Petitioner Subscribed and sworn to before me on this the ~'}~ day of ~c~e__ ,20 CYq CLERK OF THE COURT OF COMMON PLEAS or By Deputy ,Clerk My Commission Expires COMMONWEALTH I I KE~INETH L. ERY JIt,, ~l~l~y Pul311c ~ I camp H~ aoro, ~ C, mmty I !.~ Commission Ex~ IN THE COURT OF COMMON PLEAS ~ ~n borl 0-~COUNTY, STATE OF PENNSYLVANIA In The Matter Of The Petition of: Petitioner, For a Change of Name to: COURT DIVISION DOCKET NO. Oq- bo~ ~ ORDER FOR HEARING NOW on this the~ ~day of ~_~~, 20 ~ ~, the Court finds that the Petition filed by ~tf~/~ ~~'~nthe tbove captioned matter should be heard on the ~7~ayof/t~~,20~_~, at,/~'~~.m, inthis Court/~/,~ ~o Submitted By: Petitioner JUL 0 1 1N THE COURT OF COMMON PLEAS C b l oC cotnvr¥, STATE 0F P;ENNSYLVaNIa ACTION/CAUSE NO. 0¥, 30}f IN THE MATTER OF THE PETITION OF FOR A CHANGE OF NAME TO , A MINOR ORDER FOR NAME CHANGE THIS matter came on for heating on a Petition to Change Name filed by Minor Petitioner, by and through legal Guardian(s) of the minor, and the court after having considered said Petition finds as fact as follows: That this Court has jmisdiction of the parties and subject matter and venue is proper. That the Minor Petitioner is a resident of the County of~6f//tr~ State of Pennsylvania, whose residence address i,s " Dc _[~ ,~_~1 I~.ou.,~F I~tO~ui~r~u4~ ~ i 70~ M~or Petitioner h~ been a bona fide resident of~b~ Co~ . ' -' ~. ~, State of Pe~sylv~a for ~ ye~s t~e~ately prior to fil~g ~s Petition. Minor Petitioner w~ bom on ~e ~q¢ day of ~, , ~ ~ , in ~e ~ h~ ~, State ~f~. Co~ty of ~at Minor Petitioner's present nme is ~ ~o~ ~l~a~. ~at ~e Minor Petitioner prays for ~e ch~ge of nme for ~e follow~g reasons: (describe i3 det~l): , ~a~eproposed~h~ein&e-~ ~ .... , h ~*~r)~. ~ ~mnor peunoner s ~e ~11 not be de~men~ to ~e int~ests of my o~er person md is not ag~nst ~e public interest md is in · e best interests of ~e child. That the Petition is not filed to defraud creditors. That the Minor Petitioner is [~not married or [-'~ is married to - · Minor Petitioner [] does not have children or [] has child/children. The name(s) of the child(mn) is/are That the Minor Petitioner [] owns no real estate or [] owned real estate in __. County, ~-J~/[ ~ ~[t~ t~U' ishereby ~s nereoy aumorizefl to hereat~r use o~;~ ~1 ..... t ~ . ,ana Minor Petitioner o,~u ~un~ as a legm nam{:; and that such change shall be made and entered herein as record of this Court. DATED this day of ,20 BY THE COURT: ~l~)Tared and Presented by: JUDGE IN THE COURT OF COMMON' PLEAS hOc Ittc~ COUNTY, STATE OF PENNSYLVANIA ) ) ) In The Matter Of The Petition of: , A Minor Petitioner, ) ) ) ) ) ) For a Change of Name to: · COURT DIVISION DOCKET NO. oq. 3o3ff N~OTICE OF FILING OF PETITION .~ o/Ir.. PLEASE TAKE NOTICE THAT a Petition for Change of Name filed on behalf of ff~ a ~nor, pra~ng ~at ~e ~e minor be ch~ged ~om ~e of' ~ ' '~ t ill come on for being on *~y o~~, :0~ ~ ~/: ~_ o,~,o~ ~ .m. ~ ~ ~o~. ~y person objecting to the Petition shall arid the he.rig ~¢For file ~eir ~Ren objection ~ereto with the~clerk JUDGE Submitted By: Petitioner ~ ~ ~ ]~ '1-/~ Oq IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA In The Matter Of The Petition Of: HANNAH MORGAN FLEAGER, a Minor, Petitioner For A Change Of Name To: HANNAH MORGAN FLEAGER HINKSON -~gRPHA-N~.~.~ DOCKET NO. 04-3035 ENTRY OF APPEARANCE-' Please enter the appearance of McNees Wallace & Nurick LLC and Pamela L. Purdy as counsel for Timothy Fleager, father of Petitioner Hannah Morgan Fleager, a minor, in the above-captioned action. McNEES WALLACE & NURICK LLC Pamella L. Purdy I.D. No. 85783 100 Piine Street P. O. IE]ox 1166 Harrisburg, PA 17108-1166 (717) :232-8000 Attorneys for Timothy Fleager Date: August 4, 2004 CERTIFICATE OF SERVlCF The undersigned hereby certifies that on the 4th day of August 2004, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Patricia Moyer Hinkson 4 Drayton Court Mechanicsburg, PA 17055 Pamela L. Purdy Of Counsel for Timothy Fleager IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA In The Matter Of The Petition Of: HANNAH MORGAN FLEAGER, a Minor, Petitioner For A Change Of Name To: HANNAH MORGAN FLEAGER HINKSON DOCKET NO. 04-3035 OBJECTIONS OF TIMOTHY FLEAGER, FATHER, TO PATRICIA M. HINKSON'R PETITION FOR NAME CHANGE OF HANNAH MORGAN FLEAGER AND NOW comes Timothy Fleager, by and through his attorneys, McNees Wallace & Nurick LLC, and files these objections to the Petition for Name Change of Hannah Morgan Fleager, and in support thereof, avers as follows: 1. Timothy Fleager ("Father") is the father of Hannah Morgan Fleager and resides at 4140 Kittatinny Drive, Mechanicsburg, Cumberland County, PA. 2. Patricia M. Hinkson ("Mother") is the mother of Hannah Morgan Fleager and resides at 4 Drayton Court, Mechanicsburg, Cumberland County, PA. 3. Hannah Morgan Fleager ("Child") is a minor child, born on May 1, 1997 and primarily resides at 4 Drayton Court, Mechanicsburg, Cumberland County, PA. remarried. 6. At the time of the Child's birth, Mother and Father were married. Since that time, Mother and Father have divorced and Mother has Mother's new married surname is "Hinkson." 7. Mother has primary physical custody of the Child and Father has partial physical custody. 8. Mother and Father share legal custody of the Child. 9. On June 28, 2004, without Father's permission or approval, Mother filed a Petition for Name Change on behalf of the Child, asking the court to change the Child's name from "Hannah Morgan Fleager" to "Hannah Morgan Fleager Hinkson." 10. Father has exercised partial physical custody of the Child approximately three days during the week, including frequent overnights, since he and Mother separated, and continues to exercise such partial custody. 11. Father diligently exercises his custody rights and would prefer to have more time with the Child. 12. Father is a very active participant in the Child's life and attends most of the Child's school and extra-curricular events. 13. Father and the Child have a strong parent-child bond. 14. The Child's strong familial attachment extends not only to Father, but to Father's relatives, including the Child's paternal grandparents. 15. Father and Mother split evenly all of the Child's expenses. 16. Father has repeatedly told Mother that he does not agree to or approve of, and is offended at the idea of changing the Child's name. 17. The standard of review for the change of a name of a minor child by the custodial parent is the best interests of the child standard. In re Chanqe of Name of Zachary Thomas Andrew Grimes to Zachary Thomas Andrew Grimes Palaia, 609 A.2d 158 (Pa. 1992). In such cases, the petitioner bears the burden of oroof that the name change would be in the child's best interests. See id. 18. Father objects to the changing of the name of the Child and believes it ~s not in the Child's best interest for the following reasons: a. If the Child's name is changed to "Hinkson," the Child will be deprived of a link to Father, from whom she sometimes is separated, but loves and who loves her. Changing her name would jeopardize her identity of herself as "Hannah Fleager," daughter of Timothy' Fleager. In re: Neidbala, a/k/a Hickey, 36 D. & C. 3d 397, 403 (Allegheny 1985). b. The surname that Mother proposes should be added to the Child's name, "Hinkson," is Mother's new married surname. Mother has not been remarried for very long and there is a question as to the durability of Mother's new marriage. The Child should not be saddled with a name to which she would have no connection if Mother and her new husband divorced. See Browne v. Burnett, 28 D. & C. 3d 533, 534 (Dauphin 1984). c. The Child is only seven years old a~,d is not of an age where she is capable of determining what name she desires. See Pollock Petition, 31 D. & C. 2d. 516 (Westmoreland 1963). The Child's wish does not necessarily equate to that which is in her best interest. In re Name Chanqe of A.N. Kennedy, 18 D. & C. 4th at 552. d. The Child has not expressed to Father that she wants to change her name without being in Mother's presence and prompted by Mother to say so. e. It is believed that Mother filed the Petition for Name Change on behalf of the Child because it would be more convenient and "neater" for Mother if the Child had her new married surname. A child's surname cannot be changed simply for the benefit of the mother. In re Fink, 75 D. & C. 2d 234, 238 (Lycoming 1976). f. It is entirely possible that in the future, Father may seek and be entitled to custody of the Child, and, therefore, a name change to add stepfather's surname would not be in the Child's best interests. See DiBacco Petitio~t, 32 D. & C. 2d 90 (Erie 1963). WHEREFORE, Timothy Fleager, father of Hannah Morgan Fleager, respectfully requests that the Petition for Name Changed be denied. Respectfully Submitted, McNEES WALLACE & NURICK LLC Pamela L. Purdy I.D. No. 85783 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 2,"12-8000 Attorneys for Timothy Fleager Date: August 23, 2004 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. {}4904, relating to unsworn falsification to authorities. Dated: ,¢//~ ,~/¢~ CERTIFICATE OF SERVICIE The undersigned hereby certifies that on the 23rd day of August 2004, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Patricia Moyer Hinkson 4 Drayton Court Mechanicsburg, PA 17055 Pamela L. Purdy Of Counsel for Timothy Fleager In the Matter of the Petition of HANNAH MORGAN FLEAGER, a Minor, Petitioner For a Change of Name to HANNAH MORGAN FLEAGER HINKSON AND NOW, : CUMBERLAND cOUNTY, : NO. 04-3035 CIVIL TERM ORDER OF COURT this 27th day of August, IN THE COURT OF cOMMON PLEAS OF PENNSYLVANIA 2004, after hearing we are not persuaded that it is in the child's best interest to change her name from Hannah Morgan Fleager to Hannah Fleager Hinkson. Consequently, the petition for change of name is DENIED. ~ido, J- ~etricia M. Hinkson 4 Drayton Court Mechanicsburg, PA 17055 ~pamela L. Purdy, Esquire .0. Box 1166 Harrisburg, PA 17108-1166 For Timothy Fleager :lfh 08-30 -0 / OC :ItH¥ O& on~loOZ