HomeMy WebLinkAbout04-4545IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
1N RE: Joseph Anthony Dibari
a minor,
by Hugo Munoz-Breto, his
natural father,
Petitioner.
CIVIL ACTION
Change of Name
PETITION FOR CHANGE OF NAME
AND NOW, this day of September 2004, the Petition of Joseph Anthony Dibari,
a minor, by and through Hugo Munoz~Breto, his natural father and legal guardian, and
represented by Bruce J. Warshawsky, Esquire and Cunningham & Chernicoff, P.C., respectfully
represent that:
1. Petitioner is Joseph Anthony Dibari ("Joseph"), an eleven (11) month old minor
bom September 11, 2003.
2. Amber Leahy ("Mother") and Hugo Munoz-Breto ("Father") are the natural
parents and guardians of Joseph.
3. Joseph resides with Mother, pursuant to this Court's Order docketed to # 03-6638
("Custody Order") awarding primary physical custody to Mother, at 860 Erford Road, Lemoyne,
PA 17043. Father exercises periods of partial physical custody every other weekend (to be
extended to every other Wednesday through Sunday, beginning September 11, 2004) at 8711
Cromwell Drive, Springfield, Virginia. Mother and Father share legal custody pursuant to the
Custody Order.
4. The Petitioner, by and through Hugo Munoz-Breto, his natural father and legal
guardian, desires to change his name from Joseph Anthony Dibari to Joseph Anthony Munoz-
Breto.
5. The Petitioner's (and Father's) reasons for desiring this change of name are that:
The Custody Order provides for shared legal custody between
Mother and Father.
Mother and Father were unmarried at the time Joseph was born and
Father's paternity was not determined until two (2) months after
Joseph's birth.
Because there were questions about Father's status as Joseph's
father, Father would not sign Joseph's birth certificate which, upon
information and belief, was issued with "no father" identified.
Even though Mother's surname is Leahy, which is, upon
information and belief, her father's name, she requested that the
birth certificate reflect Joseph's surname as "Dibari", which is,
upon information and belief, Joseph's maternal grandmother's
maiden name. Further, upon information and belief, no other
members of Joseph's household carry the surname of "Dibari",
neither are there any close (proximate or by blood) living relatives
with the sumame "Dibafi".
Since paternity was first determined, Father sought legal custody
and physical custody of Joseph, which was ordered by this Court on
March 25, 2004 as set forth above, Father has maintained as active
a role as possible in Joseph's life and also pays child support.
Father recently relocated to Virginia to improve his career
opportunities and has begun a relationship with Deborah Hickman,
who has two (2) children, ages 13 and 15. Father, Deborah
Hickman and her sons live together as a family unit. During periods
of Father's partial physical custody of Joseph has been welcomed
by all members of Father's household.
g. Father intends to take an active role in raising Joseph.
In modem society, a child's last name is extremely important. It
conveys a societal message about a child's national origin and who
are his or her parents.
It is confusing for Joseph to bear a surname which neither
Mother's surname nor Father's surname.
j. Mother has no interest in changing Joseph's last name to Leahy.
Because Father has been engaged a growing paternal relationship
with Joseph and expects to continue to do so, it is important
for him to carry Father's last name.
Father desires to protect Joseph from the psychological and
emotional trauma which may result from the child having a different
sumarne from that of both his parents.
Changing Joseph's last name to Munoz-Breto will enhance his
sense of origin and allow him to be proud of his Hispanic heritage.
The best interests and permanent welfare of the Petitioner will be
served by having his last name changed to that of his Father,
Munoz-Breto.
6. Joseph has resided at the following address during the period immediately
preceding the filing of this Petition from September 11, 2003 to present: at 860 Erford Road,
Lemoyne, PA 17043 and 8711 Cromwell Drive, Springfield, VA.
7. Mother is unwilling to agree and join in this Name Change Petition, despite
repeated requests by Father for cooperation.
8. Joseph is a minor and Father avers that there are no judgments or decrees of
record nor any other matters of like character against Petitioner.
WHEREFORE, Petitioner requests this Honorable Court to:
a. Schedule a heating on this Petition;
b. Waive the requirement for official searches of the proper offices of the County
wherein Petitioner resides as Petitioner's Father avers that there are no
judgments or decrees of record nor any other matter of like character against
Petitioner.
Change Petitioner's name from Joseph Anthony Dibari to Joseph Anthony
Munoz-Breto.
Date:
Respectfully submitted,
Cunningham & Chemicoff, P.C.
2320 North Second Street
Harrisburg, PA 17110-0457
(717) 238-6570
Attorneys for Hugo Munoz-Breto, Petitioner,
Natural Father and legal g~ardian of
Joseph Anthony Dibari
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
1N RE: Joseph Anthony Dibari
a minor,
by Hugo Munoz-Breto, his
natural father,
Petitioner.
No,
CIVIL ACTION
Change of Name
VERIFICATION
We verify that the statements made in the foregoing PETITION FOR CHANGE OF NAME
are true and correct to the best of our information and belief. We tmderstand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification
to authorities.
DATE:
~r
and guardian of Petitioner
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
IN RE: Joseph Anthony Dibari
a minor,
by Hugo Munoz-Breto, his
natural father,
Petitioner.
No. dq-
CIVIL ACTION
Change of Name
DECREE OF COURT FIXING HEARING
AND NOW, this ~ ,/-r~ day of ~0&, 2004,
in
consideration
of the
Petition
for Change of Name filed in this case, and consistent with all applicable statutes and roles,
specifically Local Rule 5, IT IS HEREBY ORDERED
1. A hearing on the Petition of Joseph Anthony Dibari for change of name is fixed for
the /,.p~O~day of ,~.~'~..,~/.~,.,-~,~ ,2004, at O,.'.~ a.m./.~m., in Court Room
Number ~
2. The Petitioner is directed to give notice of the hearing by publication in two (2)
newspapers in general circulation in Cumberland County, Pennsylvania, one of which may be the
official paper for the publication of legal notices in that county.
3. Notice shall be provided by Hugo Munoz-Breto to Amber Leahy, Mother by
t /f
4. Notice pursuant to Paragraphs 2 and 3 hereunder shall be made at least ten (10)
days before the heating.
DATED:
BY THE COURT:
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
IN RE: Joseph Anthony Dibari : No. ,, c/_ q
a minor, :
:
by Hugo Munoz-Breto, his : CIV1L ACTION
natural father, :
Petitioner. : Change of Name
AMBER LEAHY'S RESPONSE TO PETITION FOR CHANGE OF NAME
AND NOW, comes Amber Leahy, natural mother of the Joseph Anthony DiBari, a minor,
by and through her attorney, Jeann6 B. Costopoulos, Esquire, and respectfully represents as
follows:
1. Admitted.
2. Admitted.
3. Admitted in part; Denied in part. It is admitted that Joseph resides with Mother,
pursuant to this Court's Order docketed to #03-6638 awarding primary physical
custody to Mother. It is specifically denied that Mother resides at 860 Erford
Road, Lemoyne, PA 17043, and strict proof thereof is demanded. It is admitted
that Father exercises periods of partial physical custody as set forth in the
remaining portion of paragraph 3 of Father's Petition for Change of Name. By
way of farther answer, Mother resides with the child at her home located at 806
Efford Road, Camp Hill, PA 17011.
4. No response required. To the extent it is detemfined a response is required the
averments of paragraph 4 of Father's Petition for Change of Name are specifically
denied and proof thereof is demanded.
5. No response required. By way of further answer, Mother does not object to
hyphenating Joseph's surname to DiBari-Munoz or Munoz-DiBari.
6. Denied. It is specifically denied that Joseph maintains two separate residences.
He resides in Camp Hill, Pennsylvania, with Mother who has primary physical
custody and he spends periods of partial custody with Father in Virginia.
7. Admitted. By way of further answer, Mother is 'willing to agree to change the
child's surname from DiBari to DiBari-Munoz or Munoz-DiBari.
8. Admitted in part; denied in part. It is admitted that Joseph is a minor and that
there are no judgments or decrees of record nor any other matters of like character
against Joseph. It is denied that there are no jud[gnents or decrees of record nor
any other matters of like character against Father and strict proof thereof is
demanded.
WHEREFORE, Petitioner requests this Honorable Court to deny Father's Petition
for Change of Name or alternatively to grant it partially by permitting a name change to
DiBari-Munoz or Munoz-DiBari.
Dated:
RESPECTFULLY SUBmiTTED:
ATTORNEY FOR RESPONDENT
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Phone: (717) 790-9546
PA Supreme Ct. ID No. 68735
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
IN RE: Joseph Anthony Dibari :
a minor, :
by Hugo Munoz-Breto, his :
natural father, :
Petitioner. :
CIVIL ACTION
Change of Name
CERTIFICATE OF SERVICE
I, Jeann~ B. Costopoulos, Esquire, hereby certif~ that I mn this day serving a copy of the
foregoing document upon the person, and in the manner, indicated below, which service satisfies
the requirements of the PA Rules of Civil Procedure by depositing a copy of the same with the
United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and
addressed as follows:
Brace J. Warshawsky, Esquire
CUNNINGHAM & CHERNICOFF, P.C.
P.O. Box 60457
Harrisburg, PA 17106-0457
Dated:
BY:
JCann~ B. Costopoulos, Esquire '
ATTORNEY FOR RESPONDENT
5000 Ritter Road, Suite 20:2
Mechanicsburg, PA 17055;
Phone: (717) 790-9546
PA Supreme Ct. ID No. 68735
JOSEPH ANTHONY
DIBARI, a minor, by
HUGO MUNOZ-BRETO,
His natural father
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
04-4545 CIVIL
NAME CHANGE
IN RE: PETITION FOR NAME CHANGE
ORDER
AND NOW, this /~" day of November, 2004, at the request of counsel,
hearing in the above captioned matter is continued generally.
BY THE COURT,
~4~'ruce J. Warshawsky, Esquire
For the Petitioner
l.,Jeanne B. Costopoulos, Esquire
For the Respondent
:rhn
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
INRE:
Joseph Anthony Munoz-Breto,
formerly known as
Joseph Anthony Dibari,
a mlllor,
No: 04-4545
CIVIL ACTION
Change of Name
by Hugo Munoz-Breto,
his natural father,
Petitioner
PRAECIPE TO DISMISS PETITION FOR NAME CHANGE
TO THE PROTHONOTARY:
Please make the above case discontinued and settled.
Respectfully submitted,
CUNNINGHAM &: CHERNICOFF, P.C.
Date:
III vi Or
ru J. Wa shawsky, Esqui
Attorney ID #: 58799
2320 North Second Str t
Harrisburg, PA 17110
Telephone: (717) 238-6570
Attorneys for Hugo Muiioz-Breto, Petitioner,
Natural Father and legal guardian of
Joseph Anthony Muiioz-Breto,
formerly known as Joseph Anthony Dibari
CERTIFICATE OF SERVICE~
I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chemicoff,
P,c., do hereby certifY that a true and correct copy of the Praecipe to Dismiss Petition for Name
Change in the above-captioned matter was sent first class U,S, Mail, First Class Mail, postage
prepaid on this date, to the following:
Amber Leahy
860 Erford Road
Lemoyne, P A 17043
Jeanne B, Costopoulos, Esquire
5000 Ritter Road, Suite 202
Mechanicsburg, P A 17055
1-/J'L!c;
CUNNINGHAM & CHERNICOFF, p,c.
~!a~
Date:
By:
Juliemme Ametrano
2320 North Second Street
P,O, Box 60457
Harrisburg, P A 17110
(717)238-6570
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