HomeMy WebLinkAbout01-3262 IN THE MATTER OF PETITION FOR IN THE COURT OF COMMON PLEAS OF
CHANGE OF NAME OF: : CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL TYLOR BOLLINGER
NO. 01- 3.:t/,.~._ CIVIL ACTION - LAW
CHANGE OF NAME
PETITION FOR CIIANGE OF NAME
AND NOW, comes the Petitioners, Harvey H. Spankuch and Carolyn A. Spankuch,
grandparents and primary custodians of Michael Tylor Bollinger, by and through their attorneys,
MARTSON DEARDORFF WILLIAMS & OTTO, and requests Your Honorable Court to order a
change of name for their minor grandson, Michael Tylor Bollinger, and in support thereof aver as
follows:
1. Petitioners are Harvey H. Spank-uch and Carolyn A. Spankuch, patcroal grandparents
and physical custodians of Michael Tylor Bollingcr, and bring this action on behalf of their minor
grandson.
2. Petitioners reside at 2128 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania.
3. Thc minor, Michael Tylor Bollinger, was born on October 22, 1997 and has
continuously resided with thc Petitioners since early 1999; primary physical custody of the minor
was confirmed in petitioners by Order of this Court, Oler, J., on April 29, 1999, in proceedings filed
to Number 99-1539 Civil Term.
4. Thc minor's father is Christopher Hamilton Spankuch, Petitioners' son, and hc has
a mailing address of P.O. Box 36, Wcllsvillc, PA 17365.
5. Thc minor's mother is Peggy Suc Bollinger, who resides at 7812 Joncstown Road,
Harrisburg, PA 17112.
6. Thc minor's father and mother were never married.
7. Thc minor resided with his mother for a brief period of time following his birth.
8. Since April 1999, thc minor's natural parents have had irregular visitation with him.
9. Your Petitioners desire to change the minor's name from Michael Tylor Bollingcr
to Michael Bollinger Spankuch because of his strong integration into his paternal grandparents'
family.
10. The minor has had no normal parent-child relationship with his natural mother for
at least two years and, given his young age, identifies himself integrally in the family of his paternal
grandparents.
11. Your Petitioners believe that the child's best interests unquestionably support the
change of the minor's surname to Spankuch.
12. There are no judgments or decrees of like character of record against the minor.
WHEREFORE, Petitioners request Your Honorable Court to enter a decree changing the
name of Michael Tylor Bollinger to Michael Bollinger Spankuch.
MARTSON DEARDORFF WILLIAMS & OTTO
Edward L. Scho~p, EScluii'e
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Petitioners
Date: ~t~,,~'~ ,,Te~ /
VERIFICATION
I verify that the statements contained herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. {}4904, relating to unsworn
falsification to authorities.
Harvey H. si(ankuch !
Carolyn ~k. Spankuch'
Dated: ,~.n~ o.~,~ ~:~,,
IN THE MATTER OF PETITION FOR : IN THE COURT OF COMMON PLEAS OF
CHANGE OF NAME OF: : CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL TYLOR BOLLINGER :
: NO. 01- 32~,.~ CIVIL ACTION - LAW
: CHANGE OF NAME
ORDER OF COURT
AND NOW, this /a/Zday of (~at..{~ , 2001, upon Motion of Petitioners, it is ordered
that a hearing on the Petition for Change of Name is fixed for L~(.~.Z~Z.~ / , 2001 at
~ ', ~'00._~-m. in Courtroom No. ~7/ of Cumberland Countyv Courthouse, Carlisle,
Pennsylvania.
The Petitioners are directed to give notice of the filing of the Petition and of the date of the
hearing by publication one time in the Sentinel and one time in the Cumberland Law Journal. The
Petitioners are further directed to give notice of the filing of the Petition and the date of the hearing
to Christopher Hamilton Spankuch, the natural father, and Peggy Sue Bollinger, the natural mother,
by certified mail, restricted delivery, return receipt requested.
BY THE COURT,
IN THE MATTER OF PETITION FOR : IN THE COURT OF COMMON PLEAS OF
CHANGE OF NAME OF : CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL TYLOR BOLLINGER :
: NO. 01-3262 CIVIL ACTION- LAW
: CHANGE OF NAME __
AFFIDAVIT
I, Edward L. Schorpp, Esquire, Attorney for the Petitioners in the within matter, hereby
certify that written notice of the filing of the Petition for Change of Name and the Hearing scheduled
thereunder was served upon Christopher Hamilton Spankuch, the natural father, addressed to his
mailing address of record, PO Box 36 Wellsville, PA 17365, by certified mail, return receipt
requested, restricted delivery, deposited in the U.S. mail on Wednesday, June 13, 2001. The receipt
was returned signed by him indicating service on June 15, 2001; see Exhibit "A" attached hereto.
Written notice of the filing of the Petition for Change of Name and the Hearing schedtded
thereunder was served upon Peggy Bollinger, now known as Peggy Wilson, the natural mother,
addressed to her mailing address of record, 7812 Jonestown Road, Harrisburg, PA 17112, by
certified mail, return receipt requested, restricted delivery, deposited in the U.S. mail on Tuesday,
July 10, 2001. The receipt was returned signed by her indicating service on July 11, 2001; see
Exhibit "B" attached hereto.
I further certify that notice of the filing of the Petition for Change of Name and the Hearing
scheduled thereunder was caused to be published in the Cumberland Law Journal on June 22, 2001,
and in the Sentinel on June 18, 2001; see proofs of publication attached hereto as Exhibits "C" &
A copy of the written notice as served and published is attached hereto and marked Exhibit
Sworn to and subscribed before me
this~'c~ay of ~o~',
NOTARIAL SEAL
ITRICIAD. EOKENROAD, Notav/Publk~
Oadlale Bom., Cumberland Count~ _ I
· Compile Items 1, 2, and 3. Also complete
item 4 if Restricted Dellve~ Is de~ired.
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E~HIBIT "A"
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EXHIBIT "B"
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. $87, approved May 16, 1929), P. L. 1784
STATE OF PENNSYLVANIA :
; SS.
COUNTY OF CUMBERLAND :
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 az 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 san~e as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
JUNE 22, 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 az to time, place and character ofpublication are
Roger/M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
22 day of~
EXHIBIT "C"
CUMBERLAND LAW JOURNAL
NOTICE
In the Cour~ of Common Pleas of
Cumberland Count~. Pennsylvama
No. 01-3262 Civil Term
IN THE MATI'ER OF PETITION
FOR CHANGE OF NAME OF
MICHAEL TYLOR BOLLINGER
NOTICE
NOTICE iS HEREBY GIVEN that
on May 29, 2001, the Petition of
Ha~ey H. and Carolyn A. Spankuch,
paternal grandparents and guard-
ians of Michael 'D~lor Bollinger, a mi-
nor. was filed In the above-named
Court, requesting a decree to change
h~s name to Michael BoHlnger Span-
kuch.
The Court has fixed ~dnesday.
August 1. 2001 at 9:00 a.m. in Court-
room No. 4 of the Cumberland Coun-
ty Courthouse. 1 Cour£house Square.
Carlisle, Pennsylvania as the time
and place for the hearing of said
Petition, when and where all per-
sons interested may appear and
show cause, ff any they have, why
the prayer of the sa/d Petition should
not be granted.
MARTSON DEARDORFF
WILLIAMS & ~
EDWARD L. SCHORPP.
ESQUIRE
Ten East High Steer
Carlisle, PA 17013-3093
(?17) 243-3341
June 22
2
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 ceya 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
IN I~IE COURT OF
COMMON PLEA6OF
cums.~Nocou.~, June 18, 2001
PENNSYLVANIA
NO. 01-3282 CIVIL ~ERM
INT'EM^TTS~OF Affiant further deposes that he is not interested in
PETITIONoFNAME oFFOR CHANGE the subject matter of the aforesaid notice or
MICHAEL TYLOR
,ou. iNa;n advertisement, and that all allegations in the
NOTIC~I~EBY (]IV- foregoing statement as to time, place and character
EN that en May ag.
;001,~.~.~ of publication are true.
Bolktger, a.mlnor,.wlm
· Ikd J~ Ihe lbOV~d --
denree ~o ~Mnge hii
Bomno~rS~nku~h. June 20, 2001
The Coud line fixed
Widgleedly, Auouit 1,
~ouWoom No. 4 of 1he
GoudhOUle, 1
co.r~.,,,,,~,. Sworn to and subscribed before me this 20th
WILLIAM8 & OTTO
s~,,= L. 8~ My commission expires:
(717) 243-3341
Nofarlal Seal
J ~rl(Jy [. MelzQGr. Notary Puh;ic
[ My Com,m;s,~Ln Exci:e~ Junc 2. 2005
EXHIBIT "D"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-3262 CIVIL TERM
IN THE MATTER OF PETITION FOR CHANGE OF NAME
OF MICHAEL TYLOR BOLLINGER
NOTICE
NOTICE IS HEREBY GIVEN that on May 29, 2001, the Petition of Harvey H. and Carolyn
A. Spankuch, paternal grandparents and guardians of Michael Tyler Bollinger, a minor, was filed
in the above-named Court, requesting a decree to change his name to Michael Bollinger Spankuch.
The Court has fixed Wednesday, August 1, 2001 at 9:00 a.m. in Courtroom No. 4 of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania as the time and place
for the heating of said Petition, when and where all persons interested may appear and show cause,
ifany they have, why the prayer of the said Petition should not be granted.
MARTSON DEARDORFF WILLIAMS & OTTO
Ton East High Street
Carlisle, PA 17013-3093
(717) 243-3341
EXHIBIT "E"
IN THE MATTER OF PETITION FOR : IN THE COURT OF COMMON PLEAS OF
CHANGE OF NAME OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL TYLOR BOLLINGER
NO. 01-3262 CIVIL ACTION - LAW
CHANGE OF NAME
TO: THE JUDGES OF THE HONORABLE COURT
I hereby certify that I have searched the records in the Office of the Prothonotary of
Cumberland County and I have found that there are no judgments or decrees of record or any other
matter of like character against Michael Tylor Bollinger.
Curtis R. Long
Prothonotary
Date: '~' .~l
IN THE MATTER OF PETITION FOR IN THE COURT OF COMMON PLEAS OF
CHANGE OF NAME OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL TYLOR BOLLINGER
NO. 01-3262 CIVIL ACTION - LAW
CHANGE OF NAME
TO: THE JUDGES OF THE HONORABLE COURT
I do hereby certify that I have searched the records in tile Office of the Cumberland County
Recorder of Deeds and I have found that there are Ilo mortgages, secured transactions or any other
matter of like character against Michael Tylor Bollinger. '-h
Recorder of Deeds
Date: Jr'l? J/.
IN THE MATTER OF PETITION FOR IN THE COURT OF COMMON PLEAS OF
CHANGE OF NAME OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL TYLOR BOLLINGER
NO. 01-3262 CIVIL ACTION - LAW
CHANGE OF NAME
ORDER OF COURT
AND NOW, this /s' day of ~l*,fs~/'' ,2001, upon consideration of the attached
Petition of Harvey H. Spankuch and Carolyn A. Spankuch, for the change of their minor grandson's
name, and it appearing that there is no lawful objection to the request of the Petitioners, it is hereby
ordered that the name of the minor, Michael Tylor Bollinger, is changed to Michael Bollinger
Spankuch.
BY THE COURT,