HomeMy WebLinkAbout01-2246In Re: Change of Name of
Casey Davenport Bricker
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: oj- ~.vc ~,~
PETITION TO CHANGE NAME
AND NOW comes the Petitioner, Kerry H. Davenport by and through her
attorneys, Wix, Wenger & Weidner, P.C. and files the within Petition to Change Name
and in support thereof avers as follows:
Petitioner is Kerry H. Davenport, the guardian and natural mother of
Casey Davenport Bricker, a 17 month old minor who was born on October
22, 1999, and who currently resides with the Petitioner at 2004 Harvard
Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011.
The Petitioner desires to change her child's name from Casey Davenport
Bricker to Casey Magnolia Davenport.
The child's natural father, William Gregory Bricker, who currently resides
at 118 E. Beall, Bozeman, Montana 59715, concurs in this request as
evidenced by the Stipulation for Custody dated September 22, 2000, and
as entered as an Order of Court on October 17, 2000. A true and correct
copy of said Order and Stipulation is attached hereto as Exhibit A and is
incorporated herein by reference as if set forth in full.
Since her birth, the child has resided with the following people at the
following addresses:
NAME (S)
Kerry H. Davenport and
William Gregory Bricker
Kerry H. Davenport and
Stephen and Nancy Davenport
(grandparents)
Kerry H. Davenport
ADDRESS
2004 Harvard Avenue
Camp Hill, PA 17011
2820 Arcona Road
Mechanicsburg, PA 17055
2004 Harvard Avenue
Camp Hill, PA 17011
DATES
October 22, 1999 to
February 8, 2000
February 8, 2000 to
March 5, 2000
March 5, 2000 to present
5. The Petitioner's reasons for desiring this change of name of her child are
that:
a. The Petitioner is not married to the child's natural father and the child
was born out of wedlock.
b. The Petitioner has joint legal and primary physical custody of the child,
subject to such visitation in the natural father as the parties shall agree.
c. The child's natural father does not reside in the central Pennsylvania
area and concurs in the Petitioner's request.
d. It is in the best interest of the child to change the name as aforesaid
because of the natural bond between the child and her mother, with
whom the child will reside.
e. The child should enjoy the social respect afforded to the name within
the community.
f. The Petitioner desires to protect her child from the potential
psychological and emotional confusion that may result from the child
and her mother having two different surnames.
No credit has been extended to the child under the name Casey
Davenport Bricker and this change of name is not requested for the
purpose of concealment of identity or for any other fraudulent purpose.
7. 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.
=
Petitioner further requests this Court to waive the requirement for official
searches of the proper offices of the county wherein Petitioner resides on
the grounds that the subject of this Petition is a minor and avers that there
are no judgments or decrees of record or any other matter of like
character against her.
WHEREFORE, Petitioners respectfully request this Honorable Court to enter a
decree changing the name of Casey Davenport Bricker to Casey Magnolia Davenport.
Date: April 11,2001
Respectf,u~l y submitted,
WiX, ~1~ ~?~DNER
?VSt;el~-~',, J./~z~r~in, Esquire
.,~Kit~'rne!, IEFN~52653 '
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorney for Petitioners
KERRY H. DAVENPORT,
Plaintiff
WILLIAM GREGORY BRICKER,
Defendant
EXHIBIT "A"
: IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
:
:
: NO. 00-2861 CIVIL TERM
: CIVIL ACTION - LAW
: CUSTODY
UCT ! 6 ZOL
which is atta(~hed hereto as Exhibit 'A" and is incorporated herein by referen~e~ the said
Stipulation is hereby approved and adopted as an Orde~ of Court.
BY THE COURT
Jo
TD"~...~ . '"~",v. FROM RECORD
In ? '.. . ,,~reof, I here unto set my hand
and ~he_ seal of said ~urt at_Carlisle, Pa.
KERRY H. DAVENPORT,
Plaintiff
WILLIAM GREGORY BRICKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-2861 CIVIL TERM
: CIVIL ACTION - LAW
: CUSTODY
.qTIPUL4TIL'IN FnR ARRFFn UPON CU-qTnnY L"tRnI::R
AND NOW, comes the Plaintiff, Kerry H. Davenport (the 'Mother") and the
Defendant, William Gregory Bricker (the 'Father'), the parents of their minor child,
Casey Davenport Bricker (bom October 22, 1999) and stipulate and agree to
the
custody of the said minor child as follows:
1. The parties shall have joint legal custody of their minor child, legal custody
being defined as the legal right to make major decisions affecting th~;
upbringing of the child, including but not limited'to medical, religious and
educational decisions. The parties agree to discuss and consult with one
another on these decisions with a view to adopting a harmonious policy
calculated to promoting the child's best interests.
2. Mother shall have pdmary physical custody of the said minor child, subject to
such visitation for the Father as the parties shall mutually agree from time to
time taking into consideration the following:
a. The parties acknowledge that Father intends to move from the Central.
Pennsylvania area. Mother will cooperate with Father to maximize
Father's visitation, provided however, that Mother will pay for one-half of
the cost of travel to and from Father's residence no more than twice in a
calendar year. Mother agrees to consider additional requests for
visitation, but shall not be required to contribute to the cost of travel for
such additional visits. Visits shall not exceed more than one week at a
time and shall be arranged at least thirty (30) days in advance.
b. The plans, schedules, activities, health and welfare of the child.
c. The plans and schedules of each of the parties. If Father requests a
visit that would interfere with pdor plans of Mother, Mother shall have the
right to reject such request provided that Mother suggests at least two
(2) altemate times for visitation.
d. The Father shall be allowed to see the child in the Harrisburg area upon
at least two (2) weeks advance notice to Mother, and provided that
requested visit does not interfere with any pdor plans of Mother or Of lite'
child. S~ch visits shall not be ovemight and may be restricted as Mother
deems to be in the best interests of the child.
e. The Father shall otherwise have such periods of visitation wft~:the child
as the parties mutually agree.
The parties shall obtain, keep and maintain a telephone in his or her
residence and each shall inform the other party of his or her telephone
number.
During any period of custody or visitation, the parties shall not possess or use
any controlled substance, nor shall they consume alcoholic beverages to the
point of intoxication, or subject the child to any unlawful activities. To the
extent of their abilities, the parties shall assure that other household
members and/or houseguests comply with this prohibition.
The parties further agree to, and do hereby submit to the jurisdiction of the
courts of the Commonwealth of Pennsylvania for purposes of the instant
matter, and that the Commonwealth of Pennsylvania shall be the 'home
state' of the child for all purposes.
o
The parties agree that this Stipulation shall be made an Order of the Court.
The parties agree that Mother shall claim the minor child as a dependent on
her tax returns.
Father agrees to notify the Dauphin County Domestic Relations Office of any
increases in his income for puq)oses of recalculating and modifying the existing
child support order in accordance with the Pennsylvania Support Guidelines.
The parties agree that any such modification shall be retroactive to lfle date
Father started to eam such increased income regardless of when.either pa~y
9. Father agrees t~*fully cooperate wi~ Mother in any petition or procedure to
change the last name of the child to Davenport, which shall be done at the
Mother's sole co~t and expense. :;
WITNESS:
WITNESS:
F:'~J~1736 O&venpo~t, Kerry10730~Oocum~ts\C ustody Agreement.doc(9/7/00)
3
VERIFICATION
I, Kerry H. Davenport, Petitioner in the foregoing Petition to Change Name, have
read the and hereby verify that all of the statements made therein are true and correct to
the best of my knowledge, information and belief. I understand that false statements
made therein may subject me to the penalties of 18. Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
In Re:
Change of Name of
Casey Davenport Bricker
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No:
ORDER
AND NOW this_~ay of
of Kerry H. Davenport, it is hereby ordered that:
,2001, in consideration of the Petition
A hearing on the Petition is scheduled for ~ ~.~,~ - / ~/, 2001 at
~:~F~ o'clock ~_.m. in the Cumberland County Court House in
Courtroom no. ~/.
Petitioner is directed to give notice of the hearing by publication in
two newspapers of general circulation in Cumberland County,
Pennsylvania, one of which publications may be the official paper for
publication of legal notices in that county.
By The Court:
In Re: Change of Name of
Casey Davenport Bricker
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 01-2246 Civil Term cs -
PRAECIPE <'
Please enter my appearance on behalf of the Petitioner in the above-
referenced matter.
DATE: June 13, 2001
Respectfully submitted,
WiX, WENGER & WEIDNER
David R. Getz, Esquire ~,
I.D. #34838
508 North Second Street
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
In Re:
Change of Name of
Casey Davenport Bricker
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 01-2246 Civil Term
CERTIFICATE OF SEARCH FOR MORTGAGES
The undersigned certifies that he/she has examined the indices on June 14,
2001 in the Office of the Recorder of Deeds and did not find any mortgages, secured
transactions,- .:: - ' filed against Casey Davenport Bricker.
nd County Recorder o"f Deeds V
SEAL
In Re:
Change of Name of
Casey Davenport Bricker
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO: 01-2246 Civil Term
CERTIFICATE OF SEARCH FOR JUDGMENTS AND LIENS
The undersigned certifies that he/she has examined the judgment indices on
June 14, 2001 in the Office of the Prothonotary and did not find any judgments or other
liens filed against Casey Davenport Bricker.
SEAL
Cumberland C(3untv Prothonot~fy
RICHARD H. WiX
THOMAS L. WENGER
DEAN A. WEIDNER
STEVEN C. WILDS
THERESA L SHADE WIX '
DAVID R. GETZ
STEPHEN J DZURANIN
STEVEN R. WILLIAMS
WIX, WENGER & WEIDNER
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
508 NORTH SECOND STREET
POST OFFICE BOX 845
HARRISBURG, PENNSYLVANIA 17108-0845
(717) 234-4182
TELECOPIER (717) 234-4224
w',~v, wwwpalaw.corn
4705 DUKE STREET
HARRISBURG. PA 17109-3099
(717) 652-8455
TELECOPIER (717) 652-62~0
PLEASE REPLY TO
DUKE STREET OFFICE
May16,2001
Mr. William Bricker
118 E. Beall
Bozeman, MT 59715
Re: Casey Davenport Bricker
Dear Mr. Bricker:
As you know, this office represents Kerry Davenport, Enclosed is a copy of the
Petition to Change Name for Casey and Court Order setting the hearing on the matter
for Thursday, June 14, 2001 at 9:00 a.m. Please note your agreement to this change of
name as set forth in the Custody Stipulation, a copy of which is attached to the Petition.
Please contact me with any comments or questions you may have.
Sincerely,
SJD/jey
Enclosure
cc: Ms. Kerry Davenport
Wix, We
er
CUMBERLAND LAW JOURNAL
2 LIBERTY AVENUE
CARLISLE, PA 17013
MAY 25, 2001
Cumberland Law Journal is published every Friday by the Cumberland County Bar
Association and is designated by the Court of Common Pleas as the official legal publication for
Cumberland County and the legal newspaper for publication of legal notices.
TO
Stephen J. Dzuranin, ESQUIRE
Casey Davenport Bricker to Casey Magnolia Davenport
Legal advertisements must be received by Friday Noon. All legal advertising must be
paid in advance. Make all checks payable to: Cumberland Law Journal.
Advertisement inserted on following dates:
MAY 25, 2001
Payment received MAY 23, 2001
Becky H. MorgenthaVExecutive Director
Advertising Cost
Proof of Publication
Second Proof Request
Payment received
Total Amount Due
$ 60.00
$ 0.00
$ 0.00
$ 60.00
$ 0.00
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 thc 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 thc 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
MAY 25, 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
Ro~E~ditor TM
SWORN TO AND SUBSCRIBED before me this
25 day of MAY. 2001
CUMBERLAND LAW JOURNAL
NOTICE
NOTICE IS HEREBY GIVEN that
Kerry H. Davenport, natural mother
of Casey Davenport Bricker, a mi-
nor chJld filed a Petition on April 20,
2001 praying for a Decree to change
the name of the minor child from
Casey Davenport Brtcker to Casey
Magnolia Davenport. The Court has
fixed a date of June 14, 2001, at
9:00 a.m. in Courtroom 4, Cumber-
land County Court House. Carlisle,
Pennsylvania for a hearing on this
matter. All persons interested may
appear and show cause, ff any they
have. why the prayer of the Petition
should not be granted.
STEPHEN J. DZURANIN,
ESQUIRE
WIX, WENGER & WEIDNER
Attorneys for Petitioner
508 North Second Street
P.O. Box 845
Harrisburg. PA 17108-0845
(717) 234-4182
May 25
4
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
May 19, 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.
~2001
23rd
Sworn to and subscribed before me this
day of May ,2001.
Notary Public
My commission expires:
NOTARIAL SEAL
SHIRLEY O. DURNIN, Notary Public
Cadisle Boro., Cumberland Count,/
My Commission Expires Aug. 9, 2003
In Re: Change of Name of : IN THE COURT OF COMMON PLEAS OF
Casey Davenport Bricker : CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 01-2246 Civil Term
:
ORDER EFFECTING CHANGE OF NAME
AND NOW, this /fi" day of June, 2001, upon consideration of the Petition To
Change Name in the captioned matter, 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 character against the minor child, Casey Davenport
Bricker, and it appearing that there is no lawful objection to the request to change the
name of the minor child, and after hearing held on June 14, 2001, this Court finds that
the requirements of 54 Pa. C.S. § 701 and Rule 5 of the Cumberland County Rules of
Procedure have been satisfied and that the proposed change of name is in the best
interest of the minor child. Accordingly, IT IS HEREBY ORDERED AND DECREED
that the name of Casey Davenport Bricker is changed to Casey Magnolia Davenport.
BY THE COURT:
In Re:
Change of Name of
Casey Davenport Bricker
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO: 01-2246 Civil Term
PRAECIPE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Petitioner in the above-
referenced matter,
DATE: June 13, 2001
Respectfully submitted,
WIX, WENGER & WEIDNER
David R. Getz, Esquire ,~z
I,D. #34838
508 North Second Street
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182