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HomeMy WebLinkAbout12-0831 Hubert X. Gilroy, Esquire I.D. 29943 Katie J. Maxwell, Equire I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioners (06 ???4 - I P5; C'7 r. %-0 IN THE MATTER OF PETITION FOR CHANGE OF NAME OF MACKENZIE PREJEAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. NO. 12-- .93I CIVIL ACTION - LAW : CHANGE OF NAME PETITION FOR CHANGE OF NAME Petitioners, FRED BAKER and LOVE BAKER, by their attorneys, MARTSON LAW OFFICES, request that the Court order a change of name pursuant to 54 Pa. Cons. Stat. § 701 et seq. and in support thereof make the following averments: Petitioners, Frederick Baker and Love Baker, are adult individuals residing at 65 Kissme Road, Newville, Cumberland County, Pennsylvania. 2. The Petitioners are the matermal grandparents of the minor, Mackenzie Prejean. 3. The minor child's natural mother is Hilda Prejean. 4. The minor child's adopted father is Stephen Prejean. 5. The minor child was born on September 24, 1995. 6. The minor child's name at birth was Mackenzie Bucher. 7. The minor child was adopted by Stephen Prejean and her name was changed to Mackenzie Prejean. 8. On May 16, 2010, Hilda and Stephen Prejean were charged with involuntary deviates sexual intercourse, aggravated indecent assault, incest, endangering the welfare of a child, corruption of minors, and indecent assault. The allegations of these charges are that Hilda and Stephen Prejean sexually assaulted their daughter, Mackenzie Prejean. 9. On July 19, 2011, Hilda Prejean pled guilty to involuntary deviate sexual intercourse, and is scheduled to be sentenced on October 18, 2011. l()3. 7S?,-O ../ 1??c?704'5y 10. On August 30, 2011, Stephen Prejean pled guilty to involuntary deviate sexual intercourse and is scheduled for sentencing on December 13, 2011. 11. Petitioners, Frederick Baker and Love Baker, were awarded legal and physical custody of Mackenzie Prejean on July 28, 2010, due to the criminal activity of Mr. and Mrs. Prejean. 12. Petitioners are the legal guardians of Mackenzie Prejean, and it expected that arrangement shall continue. 13. It is in the best interest of the minor child for her name to be changed to that of her grandparents, so as to distance herself from the activities of her mother and adopted father. 14. There are no judgments, liens, or decrees of like character of record against the minor. WHEREFORE, Petitioners respectfully request that this Honorable Court: A. Schedule a hearing on this Petition; B. Direct that notice of this Petition be given and; C. Enter a decree changing the name of the minor from Mackenzie Prejean to Mackenzie Baker. MARTSON LAW OFFICES By --? Hubert . Gi t`oy, Esquire I.D. 2994 Katie J. Maxwell, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 2, /0-1 / (Z Attorneys for Petitioners VERIFICATION The foregoing Petition for Change of Name is based upon information which has been gathered by our counsel in the preparation of the Petition. The language of the document is that of counsel and not my own. We have read the document and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we 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 unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. /(fin 6 44z Fred Baker ??? ove Baker 4 RECEIVED MM i,-3ulN CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition for Change of Name was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Hilda Prejean - OS 1564 SCI Muncy P.O. Box 180 Muncy, PA 17756 Steven Prejean Cumberland County Prison 1101 Claremont Road Carlisle, PA 17015 MARTSON LAW OFFICES By 77 M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: oz/9/1o1i " "lee h.J Hubert X. Gilroy, Esquire `? - - I.D. 29943 Katie J. Maxwell, Equire =- I.D. No. 206018 - `' MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES `' i' 10 East High Street -r! - Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioners IN THE MATTER OF PETITION FOR IN THE COURT OF COMMON PLEAS OF CHANGE OF NAME OF CUMBERLAND COUNTY, PENNSYLVANIA MACKENZIE PREJEAN, NO. I l- 0031 CIVIL ACTION - LAW CHANGE OF NAME CERTIFICATION OF LIEN SEARCH Martson Deardorff Williams Otto Gilroy & Faller, a professional corporation organized under the laws of the Commonwealth of Pennsylvania, hereby certifies that it has caused to be conducted a lien search of the public records of the County of Cumberland for a five year period prior to February 2012, in the name of Mackenzie Prejean. Martson Deardorff Williams Otto Gilroy & Faller hereby certifies that no outstanding judgments or decrees of record or any other matter of like character were indexed against Mackenzie Prejean during the applicable time period. MARTSON LAW OFFICES By Hubert X. Ckljry, Esquire I.D. 29943 Katie J. Maxwell, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: I (2 Attorneys for Petitioners Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant & FALLER", 14't? N, IN THE MATTER OF PETITION FOR CHANGE OF NAME OF MACKENZIE PREJEAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : ka- 63i NO. 44=s=eU CIVIL ACTION - LAW CHANGE OF NAME AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND I hereby certify that a copy of the Petition for Change of Name in the above captioned matter was mailed to Hilda Prejean - OS 1564, SCI Muncy, P.O. Box 180, Muncy, PA 17756, and to Steven Prejean, Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17015, by certified mail, return receipt requested. Attached are the signed postal service return receipt cards indicating service on February 11, 2012, and February 10, 2012. MARTSON LAW OFFICES By atie J. axw 11, Esquire Attorney . No. 206018 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed before me this /-'/IZ day of February, 2012. uAl ? tAn 0"4? No blic COMMONWEALTH OF PENNSYLVANIA Notarial seal Mary M. Price, Notary Public Carlisle Bw% Cumberiand County Gom Ilwim Aug. 18, 2015 ME AT= OF wmm ¦ Complete Items 1, 2, and 3. Also complete m Item 4 If Re*Icted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. R ' ed b ¦ Attach this card to the back of the mailplece, or on the from If space permits. 1. Article Addressed to: J/ol 4004 g° P,¢ 17arf" D. Is delivery addr9fafterent from Item 1? ? Yes If YES, eater delivery address below: ? No 3. jwvbeIW* - -- ,d Mail 13 Express Mail ? Reared ? Return Reoelpt for Mercharxliee ? insured mail ? C.0.D. 4. Restricted Delivery? Oft Fee) ? Yes ? Agwd C. D*e of 2. Article Number - (fYewfmrftmmwwwkw 7011 2000 0001 2522 5288 PS Form 3811, Febm" tow Domestic Retum Receipt 102598402-WIS40 ¦ Complete items 1. 2, and 3. Also complete Item 4 if Restricted DOwery Is deelmd. ¦ PA* your narrre and address on the reverse so that we can return the card to you. ¦ Attach this card to the bark of the mailpiece, or on the frond If space permits. A. ? Agent 1. Article Addressed to: *904) y D, boy eA /? ?.1-?' a. D. Is delivery address ci tferent tg6m item 1? ? Yes if YES, enter delivery address below.. Cl No 3. Service TAM 46wdf6d Mall ? Express Mall M RegMwW ? Retum Receipt for MWdW des ? i,>a mw Unit a CiA.D. 4. ResMcbed Delivery? Pft Fee) ? Yes a. ArfiC* wNuMbw menrfer fromeewks 7011 2000 0001 2522 5660 (fi ?D Ps Form 3611, February 2oD4 Dw w& Retum Receipt 1096064WIS40 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Affidavit of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Hilda Prejean - OS 1564 SCI Muncy P.O. Box 180 Muncy, PA 17756 Steven Prejean Cumberland County Prison 1101 Claremont Road Carlisle, PA 17015 MARTSON LAW OFFICES By , INIgy M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ?I?//? SP 4-19? Al-99) "I l.)-UC 1 int.. i-IE PROTHONOTA ' 2012 FEB 2:1 PM 2= X11 CUMBE PE NF>Y ANIA TY PROTHONOTARY CUMBERLAND `0 COURTHOUSE 1 COURT HOUSE SQUARE CARLISLE, PA 17013 PENNSYLVANIA STATE POLICE CENTRAL REPOSITORY 1800 ELMERTON AVENUE HARRISBURG, PA 17110 717-783-3762 DATE: Thursday, February 16, 2012 RE: SID: NAME: PREJEAN MACKENZ SOC: 177-76-4042 COURT DOCKET #: 12-831 In accordance with the Name Change Act of 1998, the fingerprint cards of the above named individual, who has applied for a name change, has been searched in the files of the Pennsylvania State Police. Criminal Records and Identification Division Central Repository, and: (X ) This person is not subject to 18 PA C.S. Chapter 91, and the fingerprints have been destroyed. ( ) This person is subject to 18 PA C.S. Chapter 91, and the name change has been noted on the person's criminal history record information. ( ) A criminal record was revealed containing felony convictions. IN ACCORDANCE WITH THE NAME CHANGE ACT. THE COURT SHALL NOTIFY THE PENNSYLVANIA STATE POLICE WHEN A NAME CHANGE FOR A PERSON CONVICTED OF A FELONY HAS BEEN ORDERED. The Pennsylvania State Police, upon receipt of this notice, shall include the change of name information in the Central Repository as provided for in 18 PA C.S., Chapter 91 (relating to criminal history record information). ( ) This person has been convicted of felony violation(s) for which the court may not order a change of name. ( ) A criminal record was revealed that might prohibit a name change. Because the subsection(s) of the affected conviction(s) has not been provided to us, we are unable to determine whether a name change can or cannot be made. Please provide the subsection(s) of the following crime(s): if available. You are also advised that the above response is based on comparison of fingerprints and associated requester- furnished information against a name index and fingerprints contained in the tiles of the Pennsylvania State Police Central Repository - only - and does not preclude the existence of other criminal records which may be obtained in the repositories of other local, state, or federal criminal justice agencies. If we may be of any further assistance to you concerning this matter, please contact us at the above address or telephone number. Sincerely. 44 i' r Director, Criminal Records and Identification Division Y IN THE MATTER OF PETITION FOR CHANGE OF NAME OF MACKENZIE PREJEAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 2012-831 CIVIL TERM IN RE: PETITION TO CHANGE NAME OF MINOR CHILD ORDER OF COURT AND NOW, this 2nd day of March 2012, upon consideration of the attached Petition for Change of Name, filed by Fred Baker and Love Baker, in their capacity as legal guardians for the minor child and on behalf of the minor child, Mackenzie Prejean, a hearing on the petition is scheduled for 16 April 2012, at 9:30 a.m. in Courtroom Number 6, of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED that notice of the filing of said Petition and the aforesaid date, time, and place of the hearing be published once in the Cumberland Law Journal and a newspaper of general circulation in the County at least 10 days prior to the hearing; in addition, Petitioner shall comply with all other requirements of C.C.R.P. 5, and 54 Pa. C.S. §§701 et. seq. IN ADDITION, Petitioners shall cause notice of the petition and time and place of the hearing to be provided to Hilda Prejean, the child's natural mother, and to Stephen Prejean, the child's adoptive father, at least 10 days prior to the hearing by regular mail and by certified mail, restricted delivery requested. Proof of such service shall be filed of record prior to the hearing. VINVAIASNN3d j Nnoo ONVIN3SWfio 9? :C tad 3NI By the Court, Thoma A Placey C.P.J. Distribution List: v '51 eu"n Pr j-ea n Hubert X. Gilroy, Esq. Katie J. Maxwell, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 For Petitioners Y ?? l?.. l•! C1. (?? `? A4 (j 31 Q11 j Katie J. Maxwell, Esquire Attorney I.D. No. 206018 tU 1 L MAK 14 rh '. MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER CUMBERLAND C( MARTSON LAW OFFICES PENNSYLVP Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant IN THE MATTER OF PETITION FOR IN THE COURT OF COMMON PLEAS OF CHANGE OF NAME OF CUMBERLAND COUNTY, PENNSYLVANIA MACKENZIE PREJEAN, NO. 12 - 831 CIVIL ACTION - LAW CHANGE OF NAME AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Order of Court scheduling a hearing in the above captioned matter was mailed to Hilda Prejean - OS1564, SCI Cambridge Springs, 451 Fullerton Avenue, Cambridge Springs, P 16403-1238, and to Steven Prejean, Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17015, by certified mail, return receipt requested. Attached are the signed postal service return receipt cards indicating service on March 12, 2012, and March 9, 2012. MARTSON LAW OFFICES By Katie J axwell, Esquire Attorney I.D. No. 206018 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed before me this JVik day of March, 2012. Notes ublic COMMONMALTH OF PENNSYLVANIA Notarial seat Mary M. Price, Notary Public arms Dom, Qxnber"County 18, 2015 ASMAIr0Nor MtE5 ¦ tompkft Morris 1, 2, and 3. Also complete Hem 4 if Restricted Dslhrery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Atlach this card to the back of the mailpiece, or on the front if space permits. 1. Article, to: Sc I ?fsl a ? t r ?rN A. Sipnat re AqKd MOO X Act 160 00 B. Received by (ft*9d Name)v 10. Date of Dull D. Is ddvery address d ffererk tom item 1? O Yes K YES, enter delivery address below: 0 No a service Type 9WdI d Mail 0 4cpreea MAN O Reslsta 1 13 RNurn Receipt for Maeiwmbe D ktaaed Meu 13 CAA. 4. Reetricted DeNvaty? Oft Fee) O Yes 2. At4obNMMdsr 7011 2000 0001 2522 5400 (Asnebr rienr remise ietrer) P$ Form 381 T Mnwry 2004 Domestic Return Receipt 1025954144-1540! ¦ 0mvide hems 1, 2, and 3. Also complete Nam 4 N Rsstricted DOVery Is decked. ¦ Print your name and address on the reverse s?o?thW we card the card to you. ¦ AUacll this r tits tack of the malIpkm or on the front it permits. 1. Ardcle Addressed to: j p aoi-I 0 1 p l4 / 7a/5 1 A. 13 Agent C? ? y V D. Is ddhwy address dnbmnt from Item 1? V Yee H YES, eater delivery address below: 0 No a Service Tyne Mail 17 P cp Mail p hagm Mea O ODD. 4. Restricted DeNvery? PON Fee) 0 Yes 2. MArdole otwer Number ffi 7011 2000 0001 2522 5608 aneAr?romasrrrw1s4e9 i PS Form M11, F¦ ru ty 2004 Domestic tbtrrn RsoNprt 101MI sM-WIM Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant & FALLF ,l?Y IiLr'n1i .!: IN THE MATTER OF PETITION FOR IN THE COURT OF COMMON PLEAS OF CHANGE OF NAME OF CUMBERLAND COUNTY, PENNSYLVANIA MACKENZIE PREJEAN, NO. 12 - 831 CIVIL ACTION - LAW CHANGE OF NAME AFFIDAVIT I, Katie J. Maxwell, Esquire, Attorney for the Petitioner 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 caused to be published in the Cumberland Law Journal on March 16, 2012, and in The Sentinel on March 9, 2012; see proofs of publication attached hereto as Exhibits "A" and "B." A copy of the written notice as published is attached hereto and marked Exhibit "C." By: Katie J. axwell, E quire Sworn to and subscribed before me this d,4- day of April, 2012. Notary Public CAMMONWEAM OF 0ENNS1 .M.ANIA Notarial Seal Mary M. Price, Notary Public okftie ow% Cumberland CountY COemrlleloo A . 16'2015 TION of NOTARIES EXHIBIT "A" 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 March 16, 2012 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. ;Igt"- .i Marie Coyn ,Editor L SWORN TO AND SUBSCRIBED before me this 16 day of March, 2012 Notary / NOTARIAL SEAL ota DEBORAH A COLLINS Notay Public FCARLYISCLEommisslon 60ROUGHf CUMBERLAND COUNTY Expires Apr 28, 2014 i :., .... .. .. CUMBERLAND LAW JOURNAL NOTICE NOTICE IS HEREBY GIVEN that on February 9, 2012, the Petition of Fred Baker and Love Baker was filed in the above-named Court at Docket No. 2012-831 with the Court of Com- mon Pleas of Cumberland County, Pennsylvania, requesting a decree to change the name of Mackenzie Prejean to Mackenzie Baker. The Court has fixed Monday, April 16, 2012, at 9:30 a.m. in Courtroom No. 6 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. Mar. 16 EXHIBIT "B" 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): March 9, 2012 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that O all allegations in the foregoing statement as to time, place and character of publication ar true. Sworn to and subscribed before me this ?" OIZ. Notary Public My commission expires: FCA?'RUSLE Niv otary "TY UGH, on RECEIVE[) ? ?.v MAR MARI Sut\4 EXHIBIT "C" NOTICE NOTICE IS HEREBY GIVEN that on February 9, 2012, the Petition of Fred Baker and Love Baker was filed in the above-named Court at Docket No. 2012-831 with the Court of Common Pleas of Cumberland County, Pennsylvania, requesting a decree to change the name of Mackenzie Prejean to Mackenzie Baker. The Court has fixed Monday, April 16, 2012, at 9:30 a.m. in Courtroom No. 6 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. P TILESThents\14132 Baker\14132. I.petition IN THE MATTER OF PETITION FOR IN THE COURT OF COMMON PLEAS OF CHANGE OF NAME OF CUMBERLAND COUNTY, PENNSYLVANIA MACKENZIE PREJEAN, NO. 12-831 CIVIL ACTION - LAW CHANGE OF NAME DECREE AND NOW, this 1(D rdayof_A9V1L- , 2012, upon consideration of the attached Petition of Frederick Baker and Love Baker, for the change of name of their minor granddaughter, and it appearing that there is no lawful objection to the request of Petitioners, it is hereby ordered that the name of the minor, Mackenzie Love Prejean is changed to Mackenzie Love Baker. THE COU1JT, Distribution: ?T Hubert X Gilro Es uire . y, q Katie J. Maxwell Esquire , 4DO q 57