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Home My WebLink About05-4132 646] -2.SI.PetitionNameChange/HDRlDRW/crm 8/1012005 2:44 PM IN THE MATTER OF PETITION FOR CHANGE OF NAME OF IAN HUNTER WILLIAMS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS- -.lj/J~ C;0~L~~ PETITION FOR CHANGE OF NAME OF MINOR CHILD PURSUANT TO 54 Pa. C.S.A. Ii 701 The Petitioner, Joy W. Garman, through her undersigned counsel, requests that this Court order a change of name for her minor child, Ian Hunter Williams, pursuant to 54 Pa. c.S.A. 9 701 et. seq., and in support thereof represents as follows: 1. Petitioner, Joy W. Garman, and her minor child, Ian Hunter Williams, currently reside at 116 Forge Road, Boiling Springs, Cumberland County, Pennsylvania, and have done so continuously since May of 2004. 2. During the five years preceding the filing of this petition, Petitioner has resided at the following addresses: A. From June of 1998 to July of2001, Petitioner resided at 1922B Fry Loop Avenue, Carlisle, Pennsylvania 17013, with her minor child, Ian Hunter Williams. B. Prom July of2001 to February of2003, Petitioner resided at 116 Meals Drive, Carlisle, Pennsylvania 17013, with her minor child, Ian Hunter Williams. C. From February of2003 to May of2004, Petitioner resided at 5 Terri Drive, Carlisle, Pennsylvania 17013, with her minor child, Ian Hunter Williams, and current husband, Brett Garman. 3. On March 24,1996, Ian Hunter Williams was born to Petitioner and George J. Chaposky, Jr. 4. Petitioner and George J. Chaposky, Jr. were never married and the surname of Petitioner appeared as of record on the minor's birth certificate. A true and correct copy of the birth certificate of Ian Hunter Williams is attached hereto as Exhibit A and incorporated by reference. 5. Since birth, Ian Hunter Williams has used the surname of Petitioner. 6. On September 13, 2003, Petitioner was married to Brett Garman, in Carlisle, Cumberland County, Pennsylvania, and since that time they have lived together as husband and wife. 7. Petitioner desires to change the surname ofIan Hunter Williams to Ian Hunter Garman. 8. Petitioner desires such a change of name for the following reasons: A. The minor child has shared the same surname as Petitioner since birth. B. The minor child has repeatedly requested that he share the same surname as Petitioner and her husband, Brett Garman. C. The minor child looks to both Petitioner and her husband, Brett Gannan, as his immediate family and would like to share the same familial surname with them. D. The minor child's natural father, George J. Chaposky, Jr., has only sporadic contact with him, whereas Brett Garman cares for him on a daily basis. E. Brett Garman has coached several extracurricular sports in which the minor child has participated, and a close bond has been created between his stepfather and him. F. So that her minor child does not endure the emotional distress of not sharing the same familial name as both she and her husband. For example, when Ian's friends and teammates inquire as to why he has a different last name than Petitioner and Brett Garman, it bothers him very much, and he feels embarrassed to tell his friends and teammates that his family is just a little different than others. -2- II 1\ II I' I Ii II Ii Ii II II II 1\ I: I I I I I I I G. The Garman family, which includes Petitioner, Brett, and Ian, attend a community church and it would behoove Ian to have the same last name as his mother and stepfather because it will be clear to both current and new members of the congregation that he is a member of the Garnlan family. H. The name change will further foster the relationship between Ian and his stepfather's family, who have become an integral part of his life. L For reasons of simplicity, school, community and family order. 9. The name of Petitioner's minor child has not previously been changed by law. WHEREFORE, Petitioner requests that the Court issue an order changing the name of the minor child from Ian Hunter Williams to Ian Hunter Garman, and grant such further relief as the Court may deem just and proper. SMIGEL, ANDERSON & SACKS, LLP Date: August 10, 2005 By: Heather D. Royer, Es LD. #76327 4431 North Front Street, 3rd Fir. Harrisburg, P A 17110-1778 (717) 234-2401 Attorneys for Joy W. Garman - 3 - VERIFICATION I, Joy W. Gam1an, verify that the statements contained in the foregoing Petition for Change of Name of Minor Child are true and correct to the best of my knowledge, information and belief I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. ~4C)04. relating to unsworn falsification to authorities. Date: -+ 131-.006 anl1an D~ ~ Y\ ~ 0- --u ?-- E --L. Tf - " ..:( ..c::. ...c. ~ w VI ~ ..>, '2) f~:.. ,r-~ ';:~~ {;.~~ Y,;::',O- ~;-..\ ..<.. ~ ~, ~ ~\-::J- rtJ ~ (:%,6.,'.. -:D .- '("":> ~-) __"'I ~\;::;, ,-- .-.;---\ ~t'j c.:) ;x~ (\~ \~ ~:l .- ;') .-<) -::;r;. J:!: - ~ . 646I.2'5(Order/HDRlDRW/crm 8/10/2005 2:43 PM t ~ RECEIVED AUG 1 5 ZOOSr IN THE MATTER OF PETITION FOR CHANGE OF NAME OF IAN HUNTER WILLIAMS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. OS" - 4/6 ~ (!.1~(L~~ ORDER AND NOW, this 18~day of ~ , 2005, on the motion of Petitioner, Joy W. Garman, it is ORDERED that a hearing on the Petition for Change of Name ofIan Hunter Williams is fixed for O~I D ,2005, at 'f. 'ODA.M.IP>Cin Room <;"" of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. The Petitioner is directed to give notice of the filing of the Petition and of the date of the hearing by publication in two newspapers of general circulation in this county, one of which may be the official paper for the publication ofIegal notices in this county. The Petitioner is further directed to give notice of the filing of the petition and the date of the hearing to any non-petitioning parent of the minor whose name is sought to be changed by p~~ (specify manner of giving notice) J. Vi]\;\i/\~l\Sj'-.jf< _-Jd "[\11'1'','',' ',.''',',-','.'n'' I\.t. ; \'~."_ ,,_~._rjl ~\ V s S : II rlV B I ~JnVSOOZ Ab'\llONOHlOdd 3111 :JO 381:1:10-0311:l 6461-2:5/PetitionNameChange/HDR/DRW/crm 9/16/2005 10:30 AM IN THE MATTER OF PETITION FOR CHANGE OF NAME OF IAN HUNTER WILLIAMS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4132 AFFIDAVIT OF PUBLICATION On August 31, 2005, the undersigned caused to be published a legal advertisement in The Sentinel on August 31, 2005, and in the Cumberland Law Journal on September 2,2005. Attached hereto as Exhibits "A" and "B" are the Proofs of Publication verifying the legal advertisement was published on August 31, 2005 and September 2,2005, respectively. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. SMIGEL, ANDERSON & SACKS, LLP eather D. Royer, Esqui Attorney LD. 76327 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Date: September 16, 2005 By: PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, 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) August 31,2005 COpy OF NOTICE OF PUBLICATION k. IN THE COURT OF COMMON pLEAf$ CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4132 IN RE: CHANGE OF NAME OF IAN HUNTER WILLIAMS NOTICE OF HEARING ON PErmON FOR CHANGE OF NAME NOTICE IS HEREBY GIVEN that on the 15th day of August 2005 the Petnlon of Joy W. Garman waa,fMed In the abOve-named court praying for a decree to change her minor child's name to Ian Hunler Garman. The court has fixed Monday, October 10, 2005 at 9:00 a m in Courtroom No.5 of the Oumberland County icou~ ~~Square.Cartisle, '"- Penrii.oiR>1i1l1f .._..,'-~"""'Q\\I11li.. ',hearing of said P8t\~on, when and where all p;'~' .o~,":' ~,interested may appear and show cause why, It any they , have. the prayer of the said Petition should not be granted. 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 ~C~~ Sworn to and subscribed before me this 31st day of August, 2005. Heather D. Royer. esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 CYUJ i;fJ ~(J.) R. U2Jfi - Notary Pu IC My commission expires: q Ii/iff COMMONWEALTH OF PENNSYLVANIA _ Seal Chnsuna L. WrJfe, NoIary Public Ca~isIe Boro. cumberland County My Conv11ission Expires Sepl1. 2008 Member. Pennsylvania Association Of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND 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 September 2, 2005 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. SWORN TO AND SUBSCRIBED before me this 2 day of September. 2005 NOT ARI L SEAL LOIS t SNYDER Notary Publi<' I (jliIS!1' 90'0, Cumberland County i \1... COi'~mlssion E- x(!!res ~.1drch 5, 2009 .......-..---- CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas Cumberland County, Pennsylvania Civil Action-Law No. 05.4132 IN RE: CHANGE OF NAME OF IAN HUNTER WILLIAMS NOTICE OF HEARING ON PETITION FOR CHANGE OF NAME NOTICE IS HEREBY GlVEN that on August 15, 2005, the Petition of JoyW. Gannan was filed in the above- named court praying for a decree to change her minor child's name to Ian Hunter Gannan. The court has fixed Monday, Oc- tober 10. 2005 at 9:00 a.m.. In Court- room No.5 of the Cumberland County Courthouse, 1 Courthouse Square. Carlisle, Pennsylvania 17013. as the date. time and place of the hearing of said Petition, when and where an persons interested may appear and show cause why, if any they have, the prayer of the said Petition should not be granted. HEATHER D. ROYER, ESQUIRE SMIGEL. ANDERSON & SACKS. LLP 4431 North Front Street Harrisburg, PA 17110 (7 I 7) 234- 240 I Sept. 2 7 ....., C-'" c:::',? ~" <.I' ~'~('\ -0 ", c".:> r ~,\ ;--:.. '~7 ,,_ "':::-t. )7 C~~ .L- .;), Q. ::jl.-<, ptC'; :TIq <?\I:;';> )j:j~\ ~:::,~'A c,=>.\ .". ~ ~ -;:1': ,.p. o -' II IN THE MATTER OF PETITION FOR CHANGE OF NAME OF IAN HUNTER WILLIAMS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-4132 Civil Term ANSWER TO PETITION FOR CHANGE OF NAME OF MINOR CHILD PURSUANT TO 54 Pa. C.S.A. 6 701 AND NEW MATTER The Respondent, George Chaposky, Jr., the natural father ofIan Hunter Williams, through his undersigned counsel, answers the Petition for Change of Name of Minor Child Pursuant to 54 Pa. C.S.A. 9 701 as follows: 1. ADMITTED. 2A. ADMITTED. 2B. ADMITTED. 2C. ADMITTED. 3. ADMITTED. 4. ADMITTED. 5. ADMITTED. 6. ADMITTED. 7. ADMITTED. II 8A. ADMITTED. 8B. NEITHER ADMITTED NOR DENIED. Respondent is without sufficient information to answer this allegation and proof of the same is demanded at trial. 8C. NEITHER ADMITTED NOR DENIED. Respondent is without sufficient information to answer this allegation and proof of the same is demanded at trial. 8D. DENIED. Respondent sees the minor child several times a year, is in constant contact with the minor child via telephone, and meets all child support obligations. 8E. NEITHER ADMITTED NOR DENIED. Respondent is without sufficient information to answer this allegation and proof of the same is demanded at trial. 8F. DENIED as to the extent that not sharing the familial name of the Petitioner and the Petitioner's current husband causes the minor child to endure emotional distress. As to alleged specific instances of embarrassment, it is NEITHER ADMITTED NOR DENIED. Respondent is without sufficient information to answer this allegation and proof of the same is demanded at trial. 8G. NEITHER ADMITTED NOR DENIED. Respondent is without sufficient information to answer this allegation and proof of the same is demanded at trial. 8H. NEITHER ADMITTED NOR DENIED. Respondent is without sufficient information to answer this allegation and proof of the same is demanded at trial. 81. DENIED. Simplicity would demand the minor child keep the name with which he was born, and doing so would eliminate the confusion of schoolmates and community members having to learn a "new" surname. Furthermore, in this day and age ofthe blended family, not sharing a surname with other members of a household is neither an impediment to a minor child's well-being nor cause for embarrassment. II !i ". 9. ADMITTED. NEW MATTER I O. Respondent opposes a change of name for the following reasons: lOA. The name "Ian Hunter Williams" is the only name the minor child has ever known, and changing the name would cause unnecessary turmoil and upheaval. lOB. The name change would lessen the bond between the Respondent and the minor child. 10C. It is highly unlikely that a minor child, at nine (9) years of age, fully understands the significance of changing a surname. 10D. A minor child, at nine (9) years of age, is highly susceptible to the suggestions of his mother and other caregivers, and it is highly unlikely that the decision to change a name has come from the minor child's own unprompted, independent contemplation of the matter. 10E. Should Petitioner and Petitioner's husband divorce, there is a chance that the minor child would be saddled with the surname of a person who was no longer in his life in any way. WHEREFORE, the respondent requests that the Court deny Petitioner's Petition for Change of Name of Minor Child Pursuant to 54 Pa. C.S.A. 9701. Respectfully submitted, II " Ie, /<;/()$ Date ~4n ' Michael M. JerOmin~re Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Supreme Court J.D. #92977 (717) 245-9688 Attorney for George Chaposky, Jr. 1'1. CERTIFICATE OF SERVICE I, Michael M. Jerominski, Esquire hereby certifY that I served a true and correct copy of the Answer to Petition for Change of Name of Minor Child Pursuant to 54 Pa. C.S.A. 9 701 and New Matter by' depositing same in the United States Mail, first class, postage pre-paid on the <;; I!! day of Ddol,ef' , 2005, from Carlisle, Pennsylvania, addressed as follows: Heather D. Royer, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 lv/slo, Date ~ dM.(2.- , . Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Supreme Court J.D. #92977 (717) 245-9688 Attorney for George Chaposky, Jr. II, VERIFICATION I, Michael M. Jerominski, Esquire, attorney for the Respondent herein, have sufficient knowledge of the facts contained in this Answer to Petition for Change of Name of Minor Child Pursuant to 54 Pa. C.S.A. 9 701 and New Matter and verifY that the statements made in the foregoing Answer to Petition for Change of Name of Minor Child Pursuant to 54 Pa. C.S.A. 9 701 and New Matter are true and correct to the best of my knowledge, based upon information received from the Respondent. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. A verification executed by the Respondent will be filed of record as soon as it becomes available. . /ol>/oS ! Date dVI. . ft.. . , v, ~ II'VI. a---- Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Supreme Court J.D. #92977 (717) 245-9688 Attorney for George Chaposky, Jr. C' C r'-.,' ;::::> ~ ':'.~) C]~ o -n ..... :I, 01;=_=:1 '-...,' _,;L) ,-, l,.~> -' I Ul N 0\ " :;":1,' , :-:C) ;-'jln '~~ CD -< 6461-2-5/ReplyNewMatter/HDRlDRW/crm 10/6/2005 3:56 PM IN THE MATTER OF PETITION FOR CHANGE OF NAME OF IAN HUNTER WILLIAMS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4132 REPLY TO NEW MATTER AND NOW COMES Petitioner, Joy W. Garman, by and through her counsel Smigel, Anderson & Sacks, LLP, who responds to the New Matter of Respondent, George Chaposky, Jr., by averring as follows: lOA. Admitted in part and denied in part. It is admitted that the name "Ian Hunter Williams" is the only name the minor child has ever known. It is denied that changing the name would cause unnecessary turmoil and upheaval. By way of further answer, the name change would end the turmoil and upheaval the child feels because he does not share the same name as his mother and stepfather. lOB. Denied. By way of further answer, the name change would not lessen the bond between the Respondent and the minor child because the minor child has never shared the same surname as Respondent. In addition, the name change would in no way affect the frequency of Respondent's periods of visitation with the minor child. IOC. Denied. Upon the minor child's request of Petitioner, Petitioner, after consulting with legal counsel, explained that by changing his surname, he would be known by that name for the rest of his life and that he would not be known as "Ian Hunter Williams" any longer by family, friends or anybody for that matter. 10D. Admitted in part and denied in part. It is admitted that a minor child may be highly susceptible to the suggestions of his mother or father and any other adult caregivers. It is denied that the decision to pursue a Petition for Change of Name came from the minor child's family and not from his own unprompted independent contemplation ofthe matter as implied by Respondent's averment. 10E. Admitted in part and denied in part. It is admitted that there is always a possibility that Petitioner and Petitioner's husband could, like any couple, divorce. It is denied that the minor child would be saddled with the surname of a person who is no longer in his life in any way when Petitioner would share the same name as her minor child. By way of further answer, Petitioner and her husband have a good stable marriage, and Petitioner does not have a history of multiple marriages. WHEREFORE, as more fully stated in Petitioner's Petition for Change of Name of Minor Child, Petitioner, Joy W. Garman, respectfully requests that this Honorable Court issue an order changing the name of the minor child from Ian Hunter Williams to Ian Hunter Garman, and grant such further relief as the Court may deem just and proper. SMIGEL, ANDERSON & SACKS, LLP Dated: October 6, 2005 By: Heather D. Royer, Esquir Attorney J.D. No. 76327 4431 North Front Street Harrisburg, P A 1711 0 (717) 234-2401 Attorney for Petitioner 64&1.2-5/Verificationl/crrnlO/06!052:29PM VERIFICATION Heather D. Royer, Esquire, hereby states that she is counsel for Petitioner, Joy W. Garman, in this action and verifies that she has represented to the undersigned that the statements made in the foregoing Reply to New Matter are true and correct to the best of her knowledge, information and belief. Petitioner, Joy W. Garman, has authorized the undersigned to sign this verification on her behalf. Heather D. Royer, Esquire, understands that the statements therein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: \6/b;OS- , Heather D. Royer, Esqu' e Attorney for Petitioner, Joy W. Garman CERTIFICATE OF SERVICE I, Heather D. Royer, Esquire, hereby certifY that a true and correct copy of the foregoing Reply to New Matter was served upon the following as addressed below by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania on this 6th day of October, 2005: Michael M, Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 SMIGEL, ANDERSON & SACKS, LLP By: Heather D. Royer, Attorney J.D. No.7 4431 North Front Street Harrisburg, P A 1711 0 (717) 234-2401 Attorney for Petitioner (,j n i:.' !> .....' c~,' ...'::.~ c,..!"'\ o -n :~~ , "Fn ~1~ ~";(2 .-)nt :',~:'l :~ ;< C) ~~~ I -J 3 -'~~ o N IN THE MATTER OF PETITION FOR CHANGE OF NAME OF IAN HUNTER WILLIAMS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4132 ORDER OF COURT AND NOW, this 10th day of October, 2005, after hearing, we find it is in the child's best interests to have his name changed so that he shares the same last name with his mother. Therefore, the Petition For Name Change is granted. It is ordered and decreed that the name of the minor child, Ian Hunter Williams, shall hereafter be Ian Hunter Garman. ourt, Edward E. Guido, J. ~ther For the D. Royer, Esquire Petitioner ~ichael M. Jerominski, Esquire For the Respondent srs ~?~ ~~c? \\)\ .r~~} OS :Ii. I, I 1"0 Ci'nz .,_\) "J:.;L 1C--GG-05 .13:35 FROM-SAS 7172343611 T-214 P06/08 F-060 6461.2~ )fP~(it1I,1"N::lrncCh:mBC, HDRlPRWfcrm 10/:112005 2:2.1 PM IN THE MATTER OF PETITION FOR CHANGE OF NAME OF IAN HUNTER WilLIAMS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4132 ACCEPTANCE OF SERVICE I, Michael M. Jerominski, Esquire, cOUllSel for George J. Chaposky, Ir., accept service of me Petition for Change of Name of Minor Child Pursuant 1054 Pa. C.S,A. ~70] on behalf of George J. Chaposky, Jr. and certify that I am authorized to do so. Date: IV/?'/or ~Jk.. ~ Michael M. Jerominski, Esquire ; q ".' 0 ('-~ (-:::::> -n <..n CO <-' ......, N \0 N \.0