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Home My WebLink About05-0906 INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. OS-9Cb CI'(.)ltCy-8L~ CNIL ACTION - CHANGE OF NAME MARISSA RILEY MCFARLAND, a minor, by DANIELLE M. BOYER, her natural mother, Petitioner PETITION FOR CHANGE OF NAME AND NOW comes the Petitioner, Marissa Riley McFarland, a minor, by and through Danielle M. Boyer, her natural mother and legal guardian, and represented by Kelly M. Knight, Esquire and Cunningham & Chernicoff, P.C., and files her Petition for Change of Name and in support thereof avers as follows: 1. Petitioner is Marissa Riley McFarland ("Marissa"), a two year old minor born November 2, 2002. 2. Danielle M. Boyer (the "Mother") and Michael R. McFarland (the "Father") are the natural parents of Marissa. 3. The Mother is the guardian and primary custodian of Marissa who resides at 629 B Street, Enola, Cumberland County, Pennsylvania 17025. 4. Marissa, by and through her Mother, desires to change her name from Marissa Riley McFarland to Marissa Riley Boyer. 5. The Petitioner's (and Mother's) reasons for desiring this change of name are that: (a) Mother and Father were unmarried at the time Marissa was born. (b) Mother is the primary custodian and guardian of Marissa with the Father exercising only intermittent and sporadic visits with Marissa. (c) The unscheduled and intermittent visits between Marissa and her Father last consistently between ten (10) minutes and two (2) hours. (d) Father has seen Marissa approximately two (2) times since November 2004. (e) Marissa's Mother desires to protect Marissa from the psychological and emotional confusion which may result from Marissa having a different surname from that of her Mother with whom she resides. (f) Marissa will soon reach school age. (g) The best interests and permanent welfare of Marissa will best be served by having her last name changed to that of her Mother, with whom she resides. 6. Marissa has lived with her Mother since birth. First at 719 A Valley Street, Marysville, Perry County, Pennsylvania 17053 (birth-February 2003), and then at 629 B Street, Enola, Cumberland County, Pennsylvania 17025 (February 2003-present). 7. Father is unwilling to agree and join in this Name Change Petition, despite repeated requests by Mother for cooperation. 8. Marissa is a minor and Mother avers that there are no judgments or decrees of record nor any other matters of like character against Marissa. 2 WHEREFORE, Petitioner, Marissa Riley McFarland, a minor, by Danielle M. Boyer, her natural mother and guardian, hereby respectfully requests this Honorable Court to: (a) Schedule a hearing on this Petition; (b) Waive the requirement for official searches ofthe proper offices of the County wherein Petitioner resides as Petitioner's Mother avers that there are no judgments or decrees of record nor any other matter of like character against Petitioner. (c) Change Petitioner's name from Marissa Riley McFarland to Marissa Riley Boyer. (d) Grant Petitioner such further relief as this Court deems just and proper. Date:i!:'u. / s- elly M. ight, .D. #873 5 320 North Second Street P.O. Box 60457 Harrisburg, P A 171 06-0457 Telephone: (717) 238-6570 (Attorneys for Petitioner, Marissa Riley McFarland, a minor, by Danielle M. Boyer, her natural mother) By: ,2005 home/tlf/peti ti onlboyer 3 VERIFICATION I, DANIELLE BOYER, verifY that the statements made in the foregoing Petition For Change of Name are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein made are subject to the penalties of 18 Pa. C.S.A. g4904, relating to unsworn falsification to authorities. iDGLnjJ1e ~ DanielIe Boyer Date: '1l:1r.. / S- , 2005 (J~ -p'-~ ~..QB - C- -J r lJ ~-c- ~ (/ J .--\ e -:' ->'1 ....... \',",. -L.I . -.< -., -:'", (~.: (:':) CJ --- .,.".':J - .} ~L.o 'j INRE: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARISSA RILEY MCFARLAND, a minor, by DANIELLE M. BOYER, her natural mother, NO. OS; - 9Dfo c ('0 ~ L '-r 8<-"",,- CIVIL ACTION. CHANGE OF NAME Petitioner DECREE OF COURT FIXING HEARING I. A hearing on the Petition of Marissa Riley MCFarlan~a minor, by Danielle M. Boyer, her natural mother, for a change of name is fixed for the;l N day of /J7 A Y , 2005, at/d ~ (} d ..5', of the Cumberland hJlJloI..b. County Courthouse. 2. The Petitioner is directed to give notice of the hearing by publication in two (2) newspapers of general circulation in Cumberland County, Pennsylvania, one of which may be the official paper for the publication of legal notices in that County. 3. The Petitioner is directed to give notice of the hearing to the Petitioner's natural father, Michael R. McFarland. BY J. Date: /h17~cA ,A ,2005 J"'i h} 0;: :5 1".1 r,;, S - i:3VH SOuZ ',- j",.' . .- INRE: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA MARISSA RILEY MCFARLAND, a minor, by DANlELLE M. BOYER,: NO. 05 - 906 CIVIL TERM her natural mother, Petitioner : CIVIL ACTION - CHANGE OF NAME ANSWER TO PETITION FOR CHANGE OF NAME 1. Admitted. 2. Admitted. 3. Admitted. 4. No responsive answer required. 5. (a) Admitted. (b) Denied. It is denied that Father is exercising only intermittent and sporadic visits. Furthermore, Father respectfully alleges that Mother has done her best to prevent him from forming a relationship with the subject minor child. (c) Denied. It is denied that Father's visits are only between ten minutes and two hours. Furthermore, it must be noted that Mother has continually denied Father's request for reasonable rights for visitation. (d) Denied. It is denied that Father has only seen the child twice since November, 2004. Furthermore, it is again alleged that Mother has done her best to prevent Father and the child from forming a relationship. (e) Denied. It is denied that any psychological and/or emotional confusion may result from Marissa having the surname of her biological father. (f) Denied. Marissa is not yet three years of age. (g) Denied. It is denied that the best interests and welfare of the child will be served by taking away her father's last name. 6. Admitted in part, denied in part. Specifically, Mother omitted to include the fact that Father also lived with the child for the first 15 months of her life. 7. Admitted. 8. Admitted. WHEREFORE, Respondent, Michael R. McFarland respectfully requests this Honorable Court deny the Petitioner's requested relief. Date: lJI1"( Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD ~L ark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, P A 17112 (717) 671-1500 1.D. No. 33671 Attorney for Michael R. McFarland AFFIDA VlT L mlcA~~tl ~. ynC~vlahC~herebY certify thm the :J.foregoing lS true and correct to the best of mv knowledge. information and belief. I - ~ . understand that false statements herein are made subject to the penalties of IS Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated: ~I/ 0 !nC) x '1. /MC /!J.J- (I' INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARISSA RILEY MCFARLAND, a minor, by DANIELLE M. BOYER, her natural mother, NO. 05-906 Civil Term CIVIL ACTION - CHANGE OF NAME Petitioner CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy of the Petition for Change of Name, with regard to the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, certified mail, return receipt requested, restricted delivery, in Harrisburg, Pennsylvania, on March 10, 2005, as per the attached return receipt card, addressed to: Me. Michael R. McFarland 509 Willow Street Highspire, P A 17034 Date: March 14,2005 CUNNINGHAM & CHERNICOFF, P.c. By~iJ Yk/'>f1' Stacy A. S nberger 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 . Complete items 1, 2, and 3. Also complete ~em 4 If Res1r1c1ed Delivery Is desired. . Print your name and address on the reverse so that we ca.n return the card to you. . Attach this card to the back of the mail piece, or on the front If ~ pennits. 1. Article Addressed to: m, . \l\;~\'tlt\ Q. ffie.fM\aM SUr W\\\6~ s-\-((e~J \-1i~~\(e) QA 1763} 2. ==_~ ^l6W G~ II!/;3 31 q3 3'8/1 p~ Form 3811. August 2001 Domestic Returr'l Receipt 102595-02-M-1540 I INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS 'LVANIA MARISSA RILEY MCFARLAND, a minor, by DANIELLE M. BOYER, her natural mother, NO. 05-906 Civil Term CIVIL ACTION - CHANGE OF NAME Petitioner AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN AND NOW, to wit, this 23'd day of March, 2005, comes Kelly M. Idnight, Es uire, attorney for the Petitioner, being duly sworn according to law, deposes and Fays that ursuant to this Court's Order, Notice of the Filing of the Court Petition for Change of~ame set ing forth a hearing date for the same was made in the following manner: I. By publication of a Notice in the Legal Section of The Sentinel ~n March 0, 2005. The Sentinel Proof of Publication is attached hereto as Exhibit "A". 2. By publication ofa Notice in The Cumberland Law Journal on rv1arch 18, 005. The I Cumberland Law Journal Proof of Publication is attached hereto as Exhibit!"B". 3. By United States Mail, first-class, postage prepaid, certified mail, return r eipt requested, restricted delivery, in Harrisburg, Pennsylvania on March 10, 2005, to Mi hael R. McFarland as recorded by the Certificate of Service previously filed with this Court, ated March 14,2005. e1ly 320 .0. ox 60457 Harrisburg, P A 17106-0457 Telephone: (717) 238-6570 Agreed and accepted this 23'd day of March, 2005 ~gfk~ NOTARY PUBLIC Notarial Seal Linda B. Deaven, Notary Public City Of Harrisburg. Dauphin County My Commission ExpIres Feb. 25. 2006 Member, Penf1;"'.\I!VElnia,l\ ssoclation otNot:::ries 2 EXHIBIT "A" PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Sales Manager, of The Sentinel, of the Cpunty an State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a rlewspape of general circulation in the Borough of Carlisle, County and State aforesaId, was established December 13th, 1881, since which date THE SENTINEL has tleen regu arly issued in said County, and that the printed notice or publication attache~ hereto. exactly the same as was printed and published in the regular editions arid issues f THE SENTINEL on the following day(s) March 10, 2005 COPY OF NOTICE OF PUBLICATION IN RE:' , : INeTtie COURT OF CQM"M'ON~'L~A~~';:~:d;_~:',}~ : OF CUMBERLAND CQ\IfIfI"Y .f'!!N~Y1.VA~ MllUIIrI8.ft'RlLRYUiCFAALAND; _ _;'~i'~~1"':~"~*,,:$J;: -~:_'/ ,;i a minor. by-DANIEUE M. BOYER, : NO. 05-906 CivU Term" ' her natural mothei', : _ ,',_ _ ," : CIVIL ACTION. CHANGE Of HAMS" P.n., I!IlmI<Ii BI8. PUBLICA TIOK COURT OF COMMON PLEASE OF CUMBERLAND COUNTY N....'" ""reII'i liven tmR "'" Petlllon of Ma""'aRIIey McPa""",..r, by: DanI8He'M.li)yer, her natural mother. was flied on February t'1,2'a6!); praying for ~ E. !l! I'l ch~n~ ""'. ....-e ol Maris$l ~y McFa<ll!94 t~ J.!lIIIHtlWn. '.IllY '. ....... Th~. '"'" lIXid MaJ 2,l!lJOS,' at 10:00 a.tti;, In CO_KIlII1IIli;SIiMtie"a"" . '- ntyCourthouse for heartnrJ. AD pertlons Interested may 8ppe~r and show cause. If any they have, why the prayer of tbe Pet~ shouklnot b.I!J'Dted. CUNNING!iAM &: CHERNlCQI'f, p.C.. KeIIy.."'_III~~'~""'''''c'f~.';'< 1.0. m:J8!l .' .. ...: 2320 North Second Street P.O. Box 60457 (" Harrlebw'g,.PA:17106-0451 ="""'" (717}238-6570 . . . . -~~~a.. PetltlorNW...... f.triIey McFarland,a, minor, byOanlelle M. Boyer, h8f:naturai moth.,-) .: 'j ",,'," Jatr. M8lIClIU, 2005 Affiant further deposes tha he/ she i not interested in the subject ma er of the aforesaid notice or advertis ment, an that all allegations in the forego' g state ent as to time, place and charac er of publication are true. i I I Sworn to and subscribed beffre me 16th. day of March, 2005 >f ' Nota I My commission expires: 1 ~ /df EXHIBIT "B" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.17184 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND , I i Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journ I,ofthe ountyand State aforesaid, being duly sworn, according to law, deposes and says that e Cumb land Law Journal, a legal periodical published in the Borough of Carlisle in the Co ty and St te aforesaid, was established January 2, 1952, and designated by the local courts as the fficialle al periodical for the publication of all legal notices, and has, since January 2, 952, be regularly issued weekly in the said County, and that the printed notice or publication attached ereto is exactly the same as was printed in the regular editions and issues of the sai Cumbe and Law Journal on the following dates, I Viz March 18, 2005 Affiant further deposes that he is authorized to verify this statemen~bY the C berland Law Journal, a legal periodical of general circulation, and that he is not int ested in he subject rnatter of the aforesaid notice or advertisement, and that all allegations in foregoi g statements as to time, place and character of publication are true. ! . a Marie Coyn , S TO AND SUBSC~ED befo e me this 18 day of March. 2005 , , ! ! SEAl LOIS E. SNYDER, Notary Pu Cari8Ie 80m. CumbeItand Co Illy My Commission Elqllrea Man:h 5 2009 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Change of Name No. 05-906 Clvtl Term IN RE: MARISSA RILEY McFARLAND, a minor. by DANIELLE M. BOYER. her natural mother, Petitioner NOTICE FOR PUBLICATION COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y NOTICE IS HEREBY GIVEN that the Petition of Marissa Riley McFar- land, a minor, by Danielle M. Boyer. her natural mother. was filed on Feb- ruary 17, 2005, prnytng for a Decree to change the name of Marissa Riley McFarland to Martssa Riley Boyer. The Court has fixed May 2, 2005, at 10:00 a.m.. In Courtroom No.5 of the Cumberland County Courthouse for healing. All persons interested may appear and show cause, if any they have. why the prayer of the Petition should not be granted. KELLY M. KNIGHT, ESQUIRE J.D. #87365 CUNNINGHAM & CHERNICOFF, P.C. Attorneys for Petitioner 2320 North Second Street P.O. Box 60457 Harrishurg, PA 17106-0457 Telephone: (717) 238-6570 Mar. 18 2 ~- r-' <.-.~ ; (..;.; .~ (J -\\ -)"0: ,- I .,~ r",) ~ ':': , -'; ,~-) k . INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MARISSA RILEY MCFARLAND, a minor, by DANIELLE M. BOYER,: NO. 05-906 her natural mother, Petitioner CIVIL ACTION - CHANGE OF NAME CERTIFICATION I, Kelly M. Knight, Esquire, certify that I have checked for judgments and liens in the Cumberland County Prothonotary's Office with respect to Marissa Riley McFarland, a minor ',child, and found none from the time of her birth, November 2, 2002, until the present. By: , D~te: May v?, 2005 elly M. .D. 8736 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 Attorneys for Petitioner . INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARISSA RILEY MCFARLAND, a minor, by DANIELLE M. BOYER,: NO. 05-906 her natural mother, Petitioner CIVIL ACTION - CHANGE OF NAME CERTIFICATE OF SERVICE I, Stacy A. Sollenberger, Secretary with the law firm of Cunningham & Chemicoff, P .C. I. hereby certifY that on the 2nd day of May, 2005, a true and correct copy of the PETITIONER'S ICERTIFICA TION was ; ;~erved by first-class U.S. Mail, postage prepaid, to: Mark T. SilIiker, Esquire tilliker & Reinhold 922 Linglestown Road arrisburg, PA 17]]2 I ~~ Stacy A ollenberger 2320 North Second Street P. O. Box 60457 Harrisburg, P A 17106-0457 By: (j ~., C) .;:-~ ~~..;. <.::;? -n "" ::::' :::2-, ~~... -<. Il"\C-- I -nIl> '\t-:J N .----:...,\ ._J,'-? ::: -(oj .,"1 ~..... ." (oc; "" ~r''\1 r....) ':?; 0" -, ~.__._---_.__._-- -'~ iN RE: WARISSA RILEY MCFARLAND, a minor, by DANIELLE M. BOYER 'er natural mother, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-906 CIVIL ACTION - CHANGE OF NAME ORDER OF COURT AND NOW, this 2nd day of May, 2005, we are not atisfied by a preponderance of the evidence that it would be in Subsequently, the etition for name he child's best interest to change her name. chang:y i:9:~~~:::') ~ Edward E. Guido, J. tacy A. Sollenberger, Esquire 320 North Second Street .0. Box 60457 arrisburg, PA 17106-0457 or Petitioner ristin R. Reinhold, Esquire 922 Linglestown Road arrisburg, PA 17112 or Respondent mlc .~J~l Up I ~~ ( 05 'Oi_()5 "',-'-' ~ 1.......,1 1';";:2 ;.'!.J h-~ , {';'F7 .IUU", .::10