HomeMy WebLinkAbout12-3861
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IN THE COURT OF COMMON PLEAS
In re: Name Change of CUMBERLAND COUNTY, PENNSYLVANIA
KAITLYN LAREE BURTNER, :
a minor : NO.
PETITION FOR NAME CHANGE OF MINOR
AND NOW comes Petitioner, Jennifer S. McClure, by and through her attorney,
Kathy M. Shughart, and files this Petition For Name Change of Minor and in support
thereof avers as follows:
I . Petitioner, Jennifer S. McClure (hereinafter referred to as "Mother") is an
adult individual residing at 4909 Shasta Way, Mechanicsburg, Cumberland County,
Pennsylvania.
2. The subject minor child is Kaitlyn Laree Burtner, born February 4, 2003,
and residing at 4909 Shasta Way, Mechanicsburg, Cumberland County, Pennsylvania.
3. Mother is the natural mother of the subject minor child.
4. Natural Father of the subject minor child is George M. Burtner, whose last
known address is 904 Louisa Lane, Mechanicsburg, Pennsylvania.
5. Mother has sole legal and physical custody of the minor child pursuant to
an Order of Court dated January 26, 2012 which incorporates the Stipulation For Custody
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Order dated November 23, 2011. A true and correct copy of the Order is attached hereto
and incorporated by reference herein as Exhibit A.
5. The Order provides in Paragraph I of the Stipulation that Mother "...shall
be entitled to legally change the name of the minor child without consent of or
notification to Father." See, Exhibit A.
6. Father has consented to the name change for the subject minor child by his
agreement and execution for the Stipulation For Custody Order which allows Mother to
change the name of the subject minor. See Exhibit A.
7. Mother intends to change the name of minor child to Kaitlyn Laree
McClure.
8. Mother desires to change the name of the minor child to mirror her own
name since Father has determined to have no role in the life of the minor child and she is
the sole caretaking parent. She desires that the minor child's name be consistent with her
own to avoid unnecessary confusion and questions with regard to the absence of the other
parent of the minor child.
9. Mother and subject minor child have resided at the same address since the
birth of the subject minor child.
10. Mother requests that the subject minor child's name be changed from
Kaitlyn Laree Burtner to Kaitlyn Laree McClure by Order of Court pursuant to 54 Pa.C.S.
§702(b)(5)(iii).
11. In the alternative, Mother requests a hearing be held on the issue of change
of name of the subject minor child's from Kaitlyn Laree Burtner to Kaitlyn Laree
McClure by Order of Court pursuant to 54 Pa.C.S. §701.
WHEREFORE, Petitioner requests this Honorable Court to change the name of
Kaitlyn Laree Burtner to Kaitlyn Laree McClure.
Respectfully submitted,
Kathy XVShughai1q. )
Attorney for Petitioner `
P.O. Box 6315
27 South Arlene Street
Harrisburg, PA 17112-0315
(717)540-5114
Supreme Court #39779
T
JENNIFER S. McCLURE,
Plaintiff
V.
GEORGE M. BURTNER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
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Civil Action - Custody
ORDER
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AND NOW, this (Q day of 2012, upon consideration
of Stipulation for Custody Order dated November 23, 2011 and executed by the parties, it is
hereby ORDERED and DECREED that the annexed Stipulation be made an Order of the Court.
BY THE COURT:
Distribution:
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TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and tt?asgal of said Court at Carlisle, Pa.
This day-""-prothonotary of 20
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Kathy M. Shughart, Esquire, P.O. Box 6'A5, Harrisburg, PA 17112
George M. Burtner, 904 Louisa Lane, Mechanicsburg, PA 17050
EXHIBIT A
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STIPULATION FOR CUSTODY ORDER °
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THIS STIPULATION is made this 3 day of 2011,1??nd
between, JENNIFER S. McCLURE, formerly known as Jennifer S. Burtner,
(hereinafter referred to as "Mother") and GEORGE M. BURTNER (hereinafter referred
to as "Father")
WHEREAS, Mother and Father are the natural parents of minor child, KAITLYN
LAREE BURTNER, born February 4, 2003; and
WHEREAS, the parties desire to act in the best interest of the minor child; and
WHEREAS, the parties desire to settle and resolve the questions of custody of the
minor child;
NOW THEREFORE, it is agreed and stipulated by the parties as follows:
Mother shall have sole legal and physical custody of the minor child. She
shall be entitled to make all important decisions concerning the minor child, including
such matters as health, education and religion, without notification to Father. She shall
be entitled to legally change the name of the minor child should she so desire without
consent of or notification to Father. She shall be entitled to obtain a passport for the
minor child without Father.
2. Father shall have no legal or physical custodial rights and hereby waives
any custodial or parental rights he may have under the law. It is Father's stated desire
that his parental rights shall be deemed to be voluntarily terminated.
Father further agrees to cooperate and consent in the future should Mother
remarry and desire that her new husband adopt the minor child.
4. The parties hereby waive the requirement of Rule 1915.7 requesting that
they and the minor children be present before the Court to present this Stipulation and
further intend this Stipulation be entered as an Order of the Court of Common Pleas of
Cumberland County, Pennsylvania, subject to modifications as provided by law.
5. The parties acknowledge that all have sought or have been advised of their
right to seek independent legal counsel. The parties acknowledge that Mother, Jennifer
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S. McClure, is represented by Kathy M. Shughart, Esquire, and that Father, George P.
Burtner, has not been represented by Kathy M. Shughart, Esquire. Father specifically
acknowledges that he has every right to contact his own counsel, be advised by them and
review in detail the contents of this Stipulation before its execution. Father
acknowledges that it is his settled desire to waive all of his custodial and parental rights
with respect to the minor child.
6. This Stipulation shall supersede any and all other Orders, Agreements or
Stipulations, including, but not limited to, the Stipulation dated November 29, 2005,
concerning custody and visitation of said minor child which may have been made
heretofore.
WITNESS our hand and seal the day and year first above written.
WITNESS:
S m
Je fer S. cClure
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George . Burtner
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this, the Z,3ra day of N&werN)aer , 2011, before me, a Notary Public, the
undersigned officer, personally appeared Jennifer S. McClure, known to me or satisfactorily
proven to be the person whose name is subscribed to the within instrument, and did declare that
said instrument was executed as her free and voluntary act for the purposes therein expressed.
Notary Public
LNWBAj$SOF>'BASnVANA
NOTARIAL, SEAL
2 nA.TPoft Notary Public
mar ?y
30,2015
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CU M15 -A L,0 u/)
On this, the 14*1 day of 64n134--X2 , 2011, before me, a Notary Public, the
undersigned officer, personally appeared George A Burtner, known to me or satisfactorily
proven to be the person whose name is subscribed to the within instrument, and did declare that
said instrument was executed as her free and voluntary act for the purposes therein expressed.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Susan Ifty Rostls, Notary Publk
Hampden TWp., Cumberland County
My Commission June 21 2015
MEMBER, PENNSYLVANIA ASSOCIATION OF WrARIES
c?Gtla dil e?? ? S ?-'J
Notary Public
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VERIFICATION
I verify that the statements made in the attached pleading are true and
correct. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
'JJJeff*eer,,cClure, Petitioner
IN RE: NAME CHANGE OF KAITLYN
LAREE BURTNER,
a minor
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INIW
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
No. 2012-3861 CIVIL TERM
IN RE: PETITION FOR NAME CHANGE OF MINOR
ORDER OF COURT
AND NOW, this 26"' day of June, 2012, upon consideration of the Petition for
Change of Name, filed by Jennifer S. McClure on behalf of her minor child, Kaitlyn Laree
Burtner, a hearing on the petition is scheduled for 2 August 2012, at 2:30 p.m. in
Courtroom Number 4, 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 the Act of December 16, 1982, P.L. 1309, §6 (see 54 Pa. C.S. §701
[Historical and Statutory Notes] [Main Volume]), and 54 Pa. C.S. §§701 et. seq.
IN ADDITION, notice of the petition and time and place of the hearing
shall be provided to the child's other parent by Petitioner at least 10 days
prior to the hearing by regular mail and by certified mail to his last known
address. Proof of such service shall be filed of record prior to the hearing.
By the Court,
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CS ;C Kd 9Z Nflr 1117 Thomas A. Placey C.P.J.
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' Distribution List:
i/ Kathy M. Shughart, Esq.
P.O. Box 6315
27 South Arlene Street
Harrisburg, PA 17112
For Petitioner, on behalf of minor child
COPY made-,(
Pj1c
IN RE: NAME CHANGE OF KAITLYN
LAREE BURTNER,
A minor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
No. 2012-3861 CIVIL TERM
IN RE: PLAINTIFF'S MOTION FOR CONTINUANCE
q el* ORDER OF COURT
AND NOW, this 80day of August 2012, upon consideration of the Plaintiff's
Motion for Continuance on the Petition for Change of Name, filed by Jennifer S. McClure
on behalf of her minor child, Kaitlyn Laree Burtner, the request for a continuance is
GRANTED and the hearing is rescheduled for 10 October 2012, at 1:30 p.m. in
Courtroom Number 6, 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 rescheduled 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 the Act of December 16, 1982, P.L. 1309, §6 (see 54
Pa. C.S. §701 [Historical and Statutory Notes] [Main Volume]), and 54 Pa. C.S. §§701
et. seq.
IN ADDITION, notice of the petition and time and place of the
rescheduled hearing shall be provided to the child's other parent by
Petitioner at least 10 days prior to the hearing by regular mail and by
certified mail to his last known address. Proof of such service shall be filed of
record prior to the 10 October 2012 hearing.
B t
Thomas lacey C.P.J.
Distribution List:
? Kathy M. Shughart, Esq.
P.O. Box 6315
27 South Arlene Street -
Harrisburg, PA 17112 _
For Petitioner, on behalf of minor child = f .
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