The URL can be used to link to this page

Home My WebLink About05-4301 o IN THE MATTER OF PETITION FOR CHANGE OF NAME OF LAURA BETH DUNKELBERGER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D, -r~ 1.301 C:".'/ 7,uIh PETITION FOR CHANGE OF NAME The petitioner, Beth Ann Fetzner, through her undersigned representative, request that this Court order a change of name for her biological minor child, purusant to 54 Pa. Cons. Stat. Ann~ 701 et seq., and in support thereof represent as follows: 1. Petitioner is biological mother of minor child Laura Beth Dunkelberger. 2. Petitioner's minor child Laura Beth Dunkelberger is a resident of Mechanicsburg, Pennsylvania, and has resided at the following locations during the five years next preceding the filing of this petition: 5275 Deerfield Avenue, Mechanicsburg, Pennsylvania from July 2005 to present; 15 Overbrook Avenue, York, Pennsylvania from May 1997 to July 2005. 3. Petitioner's minor child Laura Beth Dunkelberger was born on May 31, 1990 in Harrisburg, Pennsylvania. 4. Petitioner's minor child Laura Beth Dunkelberger's biological father, whose name she bears, is currently incarcerated at Cumberland County Prison. 5. Petitioner's minor child Laura Beth Dunkelberger wishes to change her name due to the social stigma or respect afforded her particular name within the community. 6. Petitioner's minor child Laura Beth Dunkelberger's biological father's criminal activity and surrounding publicity causes the Petitioner stress and embarrassment. 7. Petitioner feels that this name change would be in the best interest of the minor child. 8. Petitioner's minor child Laura Beth Dunkelberger wishes to assume biological mother's maiden name as minor child will be residing with maternal grandparents with such name. 9. Petitioner's minor child Laura Beth Dunkelberger fully understands the significance of changing her name. 10. There are no judgements or decrees of like character of record against the minor child. WHEREFORE, petitioner request that this Court enter a decree changing her minor childs name from Laura Beth Dunkelberger to Laura Beth Thompson. ~ 1. d.,M~ Representative for the Petitioner Sd/, ,2)~.c/h'" /'1V[ jJ,"c-p/y/c.J/'?vt2t:. fJ,4 /7t:JSO -' 7/? '? 3' 7 9J'P;j"- ~ t ~' -, 1>', -.J -..l -..i V \ ~ ~ ~ ~ ~ CI .... \ \\ ~ ~, ~ ~ ~ '0-\ ~\ V ~ , n r-' ~ c::" C = U' ;~ ,. ."." .-' c:: J:-n G") 111~ N ""off.' f'Y c...:> t;'.21() :r~' ~".~~ :\'\ -~:- :.",;.C) -,.. "9 2Srn _n-\ ~-p. c:> :0. u:> -< ,., cj, RECEIVED Si:P 1 3 ZOOS , IN THE MATTER OF PETITION FOR CHANGE OF NAME OF LAURA BETH DUNKELBERGER COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OS - 0/30 I C;.;...R. ~ ORDER rfJ,trIo..J/o' f..OO,)"" AND NOW, this t#day of ~ on the motion of petitioner, it is ORDERED that a hearing on the Petition for C~e of Name is fixed for ()eJ.q{~ ~5 ~oo5 (date), at ~ JI5 ~hne;, in Room ~ of the Cumberland I County Court House, 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 genera! circulation in this County, one of which may be the official paper for the publication oflega! 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 nonpetitioning parent of a child whose name will be affected by registered mail. /;J / By the Court!> /, / '(I, l,l~ I ,/ '... ~ ./ : j~ <>- v, r y FILElJ-Oi-rlCE OF THE PROTI10r-,IOTARY Z005 SEP 15 PH 3: I 5 CUM- ;C"', 'I' 'NTY tj....rl(..f'~ ~t... l....Il)VI PENNSYLVANIA .-------- , IN RE: PETITION FOR CHANGE OF NAME OF LAURA BETH DUNKELBERGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-4301 CIVIL TERM IN RE: PETITION FOR CHANGE OF NAME ORDER OF COURT AND NOW, this ~day of November, 2005, IT IS ORDERED that the name of Laura Beth Dunkelberger, born May 31, 1990, is changed to Laura Beth Thompson. By the Court, "j.::/ . / ,'/1'/ ..,.Beth Ann Fetzner, Pro se c/o Richard E. Thompson 5275 Deerfield Avenue Mechanicsburg, PA 17050 vArthur Dunkelberger, III, Pro se Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 -l :-\c9 \\() :sal ),J.r\~ r\~'<r ' "'C"<'!n'" ':(,1...,1 SO :OI!W L - AON SDaZ AbVJ.Ci,:(~';'<lL::;d 3:-tl :10 ::i~~;: ! iO-<I:JTj ---- , 11N RE: PETITION FOR CHANGE OF NAME OF LAURA BETH DUNKELBERGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-4301 CIVIL TERM IN RE: PETITION FOR CHANGE OF NAME OPINION AND ORDER OF COURT Bayley, J., November 7,2005:-- Petitioner, Beth Ann Fetzner, is the mother of Laura Beth Dunkelberger, age 15, born May 31,1990. She petitioned to change Laura's name to Laura Beth Thompson. Thompson is the name of Laura's maternal grandparents. Laura's father, Arthur Dunkelberger, III, objects to changing Laura's name. A hearing was conducted on October 26, 2005. Beth Ann Fetzner and Arthur Dunkelberger, III, were married in 1987. They separated in 1994, and were divorced in 1997.1 Laura lived with her mother in York County until she moved into the home of her grandparents, Richard and Lois Thompson, in Mechanicsburg, Cumberland County, in August 2005. Laura was in some trouble in York County, at least in part caused by her choice of friends. The matter was investigated by York County Children and Youth, The mother agreed that Laura would do better living with her grandparents in Mechanicsburg, and attending Cumberland Valley High School. She is now in tenth grade and doing very well. The father has not lived with Laura since he separated from the mother in 1 They have a son, Arthur Dunkelberger, IV, age 16, who lives with the mother and goes to school in York County. Arthur Dunkelberger, III, has a twenty-five- year-old daughter by a prior marriage. 05-4301 CIVIL TERM 1994. A custody order was entered at the beginning of 1998 providing the mother with sole legal custody and primary physical custody of Laura. The father was awarded temporary physical custody every other weekend and on some holidays. From the separation of the parties in 1994 to the entry of that order, the father saw Laura at the mother's home approximately three times. After the entry of the order until 2000, the father saw her approximately five times. Since 2000, he has only seen her at his mother's funeral in October, 2001. The father is currently incarcerated in the Cumberland County Prison on a probation violation for a 2002 conviction for simple assault and false imprisonment. He originally was sentenced to 6 months to 23 months. He has also been convicted and sentenced in Cumberland County as follows: 1994 Flight to avoid apprehension - CCP - 1-23 months 1994 Recklessly endangering another person - CCP - 1-23 months 1994 Altered registration plate - 23 months probation 1994 Drug paraphernalia - 12 months probation 1994 Escape - CCP - 1-23 months 1994 Recklessly endangering another person - CCP- 1-23 months 1994 Altered registration plate - 23 months probation 1995 Two counts of possession of drugs - $50 fine 1997 DUI - CCP - 48 hours to 12 months 1997 DUI - CCP - 48 hours to 7 months -2- 05-4301 CIVIL TERM 1997 Receiving stolen property -16 months probation 2000 Simple Assault - CCP - 4'12-23 months 2002 Theft by deception - CCP - 24 days to 22 months 2002 Illegal use of credit cards - IP - 3 years 2004 Simple assault - CCP - 3-18 months 2005 Simple assault - CCP - 6-23 months The father has been incarcerated five times for non-support of Laura and Arthur. He is paying some support now because it is deducted from his income in the work release program at the Cumberland County Prison. This court may change the name of any person resident in Cumberland County. 54 Pa,C.S. Section 702(a). In a plurality opinion of the Supreme Court of Pennsylvania in In re: Zachary Thomas Andrew Grimes, 530 Pa. 388 (1992), the Court stated that when considering a petition to change the name of a minor child, "[I]n accordance with the majority of jurisdictions in the United States we declare the best interest of the child to be the appropriate focus in such cases." Absent legislative criteria, courts reviewing petitions for a change of name may exercise their discretion "in such a way as to comport with good sense, common decency and fairness to all concerned and to the public." Petition of Falcucci, 355 Pa. 588 (1947). In In re: Zachary, the Court stated: [A] petitioner in such instance must bear the burden of establishing that a change would be in the best interest of said child. Specific guidelines are difficult to establish, for the circumstances in each case will be unique, as each child has individual physical, intellectual, moral, social and spiritual needs. See generally In re: Davis, 502 Pa. 110,465 A.2d 614 (1983). However, general considerations should include the natural bonds between parent and child, the social stigma or respect afforded a -3- 05-4301 CIVIL TERM particular name within the community, and, and where the child is of sufficient age, whether the child intellectually and rationally understands the significance of changing his or her name. (Footnote omitted.) Laura hardly knows her father. There is no bond between them. It was Laura's suggestion that her name be changed. Given the father's record, there is social stigma attached to his name in this county. He is an embarrassment to Laura. She is of a sufficient age where she intelligently and rationally understands the significance of changing her name. The father testified that he does not want to lose his daughter- "She is my baby." He does not believe it is right to change her name. He is hopeful that things will "turn around" between them. This new found intention, in contrast to action, is too little too late. Considering all of the evidence as to Laura's needs, we find that it is in her best interest to change her name from Laura Beth Dunkelberger to Laura Beth Thompson. Accordingly, the following order is entered. ORDER OF COURT AND NOW, this '"]i. day of November, 2005, IT IS ORDERED that the name of Laura Beth Dunkelberger, born May 31, 1990, is changed to Laura Beth Thompson. By the Court, / -4- 05-4301 CIVIL TERM t Beth Ann Fetzner, Pro se c/o Richard E. Thompson 5275 Deerfield Avenue Mechanicsburg, PA 17050 Arthur Dunkelberger, III, Pro se Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 :sal -5-