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HomeMy WebLinkAbout11-7743F:TILESTlients\13150 Ness\] 3150.1.petition-name change Revised: 10/11/11 2:06PM - F' ,,a rn co rri " ? Jennifer L. Spears, Esquire nr- e - MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER N '= MARTSON LAW OFFICES D. 87445 I . 10 East High Street 4 Carlisle, PA 17013 - (717) 243-3341 Attorneys for Petitioner IN RE: CHANGE OF NAME OF IN THE COURT OF COMMON PLEAS OF MATTHEW JAMES McKEAN, CUMBERLAND COUNTY, PENNSYLVANIA A MINOR 2011- 7T13 CIVIL ACTION - LAW PETITION FOR CHANGE OF NAME Petitioner, John E. Ness, by his undersigned attorney, requests that this Court order a change of the minor Petitioner's name pursuant to 54 Pa. Cons. Stat. § 701 et seq. and in support thereof makes the following averments: 1. Petitioner is an adult individual residing at 207 Cockleys Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Petitioner is the natural father of the Minor Petitioner, Matthew James McKean. 3. The Minor Petitioner's natural mother is Sabrina Lynne Gevaert (nee McKean), whose last known address is 782 Winding Lane, Harrisburg, PA 17111. She is also known to reside with her mother at 706 Midland Road, Mechanicsburg, PA 17055. 4. The Minor Petitioner was born out of wedlock on July 11, 2008. 6. Petitioner filed a Custody Complaint in the Court of Common Pleas of Cumberland County, docketed to No. 2010-6660. 7. Petitioner has had sole legal and physical custody of the Minor Petitioner since December 3, 2010. 8. It is in the best interest of the Minor Petitioner for his last name to be the same as his father's. 9. Petitioner's half brother (same mother, different father) has the last name of his father. He is Joseph Beltrante, V, born on April 7, 2007, 15 months after the Minor Petitioner. Joseph was born out-of-wedlock as well. ?-??ldos' 10. The Minor Petitioner's mother, Sabrina Lynne Gevaert, has married and assumed her husband's last name. Therefore, the child no longer has any direct connection to the McKean surname. 11. Furthermore, the Minor Petitioner has had no contact from his mother, Sabrina Lynne Gevaert, from December 3, 2010, to the present. WHEREFORE, Petitioner respectfully requests that this Honorable Court: a. fix a hearing on this Petition; b. direct that notice be given of this Petition and hearing; and c. enter a decree changing the minor Petitioner's name from MATTHEW JAMES McKEAN to MATTHEW JAMES NESS. Respectfully submitted, MARTSON LAW OFFICES By Jenni er V. Spears, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Petitioner 1J 20 Date // 6( VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and connect to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Jo . Ness CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition for Name Change was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Sabrina Lynne Gevaert 782 Winding Lane Harrisburg, PA 17111 Sabrina Lynne Gevaert 706 Midland Road Mechanicsburg, PA 17055 MARTSON LAW OFFICES Y T is D. kenroad Ten East Hi Street Carlisle, PA 17013 (717) 243-3341 Dated: o`k h IN THE MATTER OF PETITION FOR IN THE COURT OF COMMON PLEAS OF CHANGE OF NAME OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW JAMES McKEAN, A MINOR: 11-7743 CIVIL TERM O$R`1DER OF COURT AND NOW, this ? ? ` day of October, 2011, upon consideration of the petition for change of named filed by John E. Ness, a hearing shall be held on Tuesday, November 29, 2011, at 8:45 a.m., in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. Petitioner shall give notice to the non-petitioning parent by both first-class and certified mail at both addresses noted in the petition. Petitioner shall also give notice of the filing of the petition and the date of the hearing by publication one time in the Sentinel and one time in the Cumberland Law Journal. By the Court, Albert H. Masland, J. /Jennifer L. Spears, Esquire -'eJ For Petitioner OOP ie6 Mar qlqlaa :saa A zrn ? ; _-, S&bri ncL L4nne Gevaer+ `-< x' - ' '?' CD C-7 y P .W{ f V _ F:\FILESTlients\13150 Ness\ 13150.1. Cos Revised: 10/26/ 11 2:07PM 1 3 'Z I, Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FAL'I IMT L 7 PH I MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner D"UMBERLAND i J PENNSYLV." IN RE: CHANGE OF NAME OF IN THE COURT OF COMMON PLEAS OF MATTHEW JAMES McKEAN, CUMBERLAND COUNTY, PENNSYLVANIA A MINOR 2011- 7743 CIVIL ACTION - LAW AFFIDAVIT I, Jennifer L. Spears, Esquire, Attorney for the Petitioner in the within matter, hereby certifies that pursuant to the October 14, 2011, Order, notice of the hearing scheduled in this matter was sent to Sabrina Gevaert via certified mail and first class mail. Attached hereto as Exhibits "A" and "B" are copies of the letters sent to Ms. Gevaert's addresses. Attached hereto as Exhibit "C" is a signed Return Receipt card indicating her receipt of the letter on October 20, 2011. By: Jennife L Spears, Esquire Sworn to and subscribed before me this cP day of 2011. COMMONWEALTH OF PENNSYLVANIA Notmial Seal Margaret Ann Nash, Notary Public OuNe Bono, Cumberland County My CwadWon Bit*w Tune 29, 2015 MEMBER, PENNMAM ASSOCKRON OF NOTARIES FF WILLIAMS (.)TTO U'LRoy MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET wwwmartsonlawcom VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Sabrina Lynne Gevaert 782 Winding Lane Harrisburg, PA 17111 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Sabrina Lynne Gevaert 706 Midland Road Mechanicsburg, PA 17055 WD.LIA&M F. MARTSON JOHN B. FowLER III DANIEL K. DEARDORFF THOMAS J. WII LkMS* IVO V. CITTO III HUBERT X. GILROY GEORGE B. FALLER JR.* FALLS DAVID A. FITZSIMONS CHRISTOPHER E. RICE JENNIFER L SPEARS SETH T. MOSEBEY KATIE J. MAXWELL K C. VANLANDINGHAM *BoAnD CEMPIED CML TM AL SPECIALIST October 19, 2011 RE: Change of Name of Matthew James McKean, a Minor Our File No. 13150.1 Dear Ms. Gevaert: We enclose for service upon you an held on November 29, 2011, at 8:45ea a.m., Courtroom Change for Matthew. The hearing will be he No. 5, Cumberland County Courthouse, Carlisle. Please notify us if you will consent. JLS/tde Enclosure cc: Mr. John E. Ness (w/enc.) F:\FILES\Clients\13150 Ness\13150.1.sg4 Very truly yours, MA LAW OFFICES Jenn' er . Spears EXHIBIT "A" INFORMATION • ADVICE • ADVOCACY SM IN THE MATTER OF PETITION FOR IN THE COURT OF COMMON PLEAS OF CHANGE OF NAME OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW JAMES McKEAN, A MINOR: : 11-7743 CIVIL TERM ORDER OF COURT AND NOW, this 1 ` day of October, 2011, upon consideration of the petition for change of named filed by John E. Ness, a hearing shall be held on Tuesday, November 29, 2011, at 8:45 a.m., in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. Petitioner shall give notice to the non-petitioning parent by both first-class and certified mail at both addresses noted in the petition. Petitioner shall also give notice of the filing of the petition and the date of the hearing by publication one time in the Sentinel and one time in the Cumberland Law Journal. By the Court, Albert H. Masland, J. 'Jennifer L. Spears, Esquire For Petitioner c :saa z'`^ ry '-`'r= ; ry Sabrina Lynne Gevaer} c n ?C CD TS ORFF W. MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET www.martsorAaw.com Ms. Sabrina Lynne Gevaert 782 Winding Lane Harrisburg, PA 17111 Ms. Sabrina Lynne Gevaert 706 Midland Road Mechanicsburg, PA 17055 RE: Change of Name of Matthew James McKean, a Minor Our File No. 13150.1 Dear Ms. Gevaert: IAMS 'QTTO GILRp r & FALLE WRLIAM F. MARTSON JOHN B. FOWLER III DANIEL K. DEARDORFF THOMAS J. WILLIAMS* No V. Caro III HUBERT X. GILROY GEORGE B. FALLER JR.* 'Bongo Came DAvm A. FrrzSIMONs CHRISTOPHER E. RICE JENNIFER L. SPEARS SETH T. MOSEBEY KATIE J. MAXWELL R. C. VANLANDrNGHAM m Crm Taw Seacuus'r October 19, 2011 We enclose for service upoW 1 you an be held on November 29, 2011, at 8: 5 a.m., Courtroom Change for Matthew. The hearing No. 5, Cumberland County Courthouse, Carlisle. Please notify us if you will consent. Very truly yours, M LAW OFFICES Je NON . Spears JLS/tde Enclosure cc: Mr. John E. Ness (w/enc.) F.TILESUients\13150 Ness\13150.1.sg3 EXHIBIT "B" INFORMATION • ADVICE • ADVOCACY sM IN THE MATTER OF PETITION FOR IN THE COURT OF COMMON PLEAS OF CHANGE OF NAME OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW JAMES McKEAN, A MINOR: 11-7743 CIVIL TERM ORDER OF COURT AND NOW, this 1 day of October, 2011, upon consideration of the petition for change of named filed by John E. Ness, a hearing shall be held on Tuesday, November 29, 2011, at 8:45 a.m., in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. Petitioner shall give notice to the non-petitioning parent by both first-class and certified mail at both addresses noted in the petition. Petitioner shall also give notice of the filing of the petition and the date of the hearing by publication one time in the Sentinel and one time in the Cumberland Law Journal. By the Court, Albert H. Masland, J. /Jennifer L. Spears, Esquire For Petitioner r,.? r:, q Z -rr :saa Sc&r'ina Lynne Gevger? "' ?j ,7 - CERTIFIED MAI L REU -4'1 m (Domestic Only. No In surance ru , , rn -0 h N I? MITT L $ _ a . 50.44 0013 C3 Postage certieed Fee S2,u5 14 Postmark C3 Return Receipt Fee (Endorsement Required) S? 3?I Here O C3 Restricted Delivery Fee (Endorsement Required) $0.00 O C C7 Fees $ rotal Postage & S5 . 9 10/1 9/2011 r-q Sent To O r-q C3 S`freet, Apt No.; - ? or PO Box No. City sieie, ziP« - --°-..-°- L 70 F ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on„1e front If space permits. 1. AnkilipWressed to: (v?q ;a d G? `7 3? I?IOand Rae. PA n MA)&? i?? V 0 Agent ? Addressee B by (Pr/ Name C. Date Delivery D. Is delivery address different from ftem 1 ? ? Yes If YES, enter delivery address bellow: 0 N9 3. Service Type %1111111115erttfled Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 insured mail 0 C.O.D. 4. Restricted Delivery? (Exfy'a Fee) 0 Yes 2. Article Number 7010 1060 0001 1047 6523 (Transfer from sarv/ce law PS Form 3811, Febt wy 2004 Domestic Retum Receipt 102595-02-Wl540 EXHIBIT "Crr F:TILESTlients\]3150 Ness\13150.1.affidavit of publication Revised. 11/7/11 921 AM C ? -n xrn o te " Jennifer L. Spears, Esquire "c r -urn MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER v,r- i '? a MARTSON LAW OFFICES rtev - ...? -''° I.D. 87445 mac, 3 =;:."' 10 East High Street X CD a w C) m Carlisle, PA 17013 © 3> (717) 243-3341 `C `'n `r Attorneys for Petitioner IN RE: CHANGE OF NAME OF IN THE COURT OF COMMON PLEAS OF MATTHEW JAMES McKEAN, CUMBERLAND COUNTY, PENNSYLVANIA A MINOR 2011- 7743 CIVIL ACTION - LAW AFFIDAVIT OF PUBLICATION I, Jennifer L. Spears, Esquire, Attorney for the Petitioner in the within matter, hereby certifies 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 October 28, 2011, and in The Sentinel on October 25, 2011; see proofs of publication attached hereto as Exhibits "A" and "B." By: Jennifer L. Spears, Esquire Sworn to and subscribed belwem4bel-" re me this 7 day of 2011. COMMONWMTH OF PENNSYLVANIA NoWal Seal Margaret Mn Nash, Notary Public Cwfte 9m, Cumberland County Comr "Im Prom li 029 2015 M940M PRMMANIA ASSOCINYMN OF WrARES PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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 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 October 28, 2011 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. L7;a Marie Co y4, Editor SWORN TO AND SUBSCRIBED before me this 28 day of October, 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 EXHIBIT "A" CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 2011-7743 CIVIL TERM IN RE: NAME CHANGE OF MATTHEW JAMES McKEAN, a MINOR NOTICE NOTICE IS HEREBY GIVEN that on October 12, 2011, the Petition of John E. Ness was filed in the above- named Court, requesting a decree to change the name of Matthew James McKean to Matthew James Ness. The Court has fixed Tuesday, November 29, 2011, at 8:45 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, as the time and place for the hearing of said Petition, when and where all persons interested may appear and show cause, if any they have, why the prayer of the said Petition should not be granted. JENNIFER L. SPEARS, ESQUIRE Supreme Court ID # 87445 MARTSON LAW OFFICES Attorneys for Petitioner Ten East High Street Carlisle, PA 17013 (717) 243-3341 Oct. 28 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director, 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 day(s): October 25, 2011 COPY OF NOTICE OF PUBLICATION ?NIIII?iiWr irikT?+????k?? 4,r Affiant further deposes that he/she 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 r true. to and subscribed before me this Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Nctary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 EXHIBIT "B"