HomeMy WebLinkAbout00-04903
IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN RE: AMENDMENT OF BIRTH:
CERTIFICATE OF ERIK M.
McLACHLAN, A MINOR, BY
PATRICIA B. FORRY, HIS
MOTHER AND NATURAL
GUARDIAN
No.
,20000- "I~ Cloi.l ~
ORDER
AND NOW, this I~~y of :::r ~ ,2000, it is hereby Ordered and
Decreed that the within Petition for Amendment of Birth Certificate be heard on the ;.stfay of
A uG u.r.-t , 2000, at ~m. in Courtroom No..5" of the Cumberland County
Courthouse, 1 Courthouse Square, Carlisle, P A 17013. It is further directed and that Malcolm
M. McLachlan be given at least ten (10) days notice of the date and time of the Hearing.
By the Court
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IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN RE: AMENDMENT OF BIRTH:
CERTIFICATE OF ERIK M.
McLACHLAN, A MINOR, BY
PATRICIA B. FORRY, IDS
MOTHER AND NATURAL
GUARDIAN
No. tJ1J-<l94 3. 2000
PETITION FOR AMENDMENT OF BIRTH CERTIFICATE OF
ERIK M. McLACHLAN
1. Your Petitioner is Erik M. McLachlan, by and through his mother and natural
guardian, Patricia B. Forry.
2. Petitioner Erik M. McLachlan was born on June 5, 1989 in Lancaster,
Pennsylvania. Patricia B. Forry is his natural mother. At the time of his birth, Patricia B. Forry
was married to Malcolm M. McLachlan who, accordingly, was named as Erik's father on the
birth certificate. A true and correct copy of the birth certificate is attached hereto, incorporated
herein, and marked Exhibit "A".
3. Patricia B. Forry and Malcolm M. McLachlan were married on July 10, 1982,
separated in January of 1992 and divorced in October of 1992.
4. On or about October 23, 1991, Patricia B. Forry filed a Complaint in Support in
the Domestic Relations Section of Cumberland County alleging that Ronald J. Forry was the
father of her child, Erik M. McLachlan. The Court, pursuant to Order dated, January 6, 1992,
directed that blood testing be performed. A true and correct copy of the Petition and Order is
attached hereto, incorporated herein, and market Exhibit "B".
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5. Following blood testing, Ronald 1. Forry was found to have a 99.27% probability
of paternity of the child. Subsequently, Ronald J. Forry signed an Acknowledgment of Paternity,
which was accepted by the Court pursuant to Order dated April 2, 1992. A true and correct copy
of the Acknowledgement and Order are attached hereto, incorporated herein and market Exhibit
"C".
6. Further, pursuant to the Support Agreement dated March 31,1992, and as entered
by Order dated March 31, 1992 by the Court of Common Pleas of Cumberland County,
Domestic Relations Section, Ronald J. Forry agreed to pay $100.00 per week for the support of
Erik M. McLacWan.
7. Patricia B. Forry and Ronald J. Forry were married on February 13, 1999. The
parties have previously resided together since 1994 and Erik has also resided with Ronald Forry
since that time. The parties currently reside at 320 W. Shady Lane, Apartment 6, Enola, P A
17025.
8. Erik M. McLacWan has not seen Malcolm McLacWan since December of 1992.
Petitioner now desires to amend the original birth record to reflect that Ronald 1. Forry is his
natural father.
9. Malcolm McLacWan currently resides at 38 Lake View Drive, Elizabethtown, P A
17022. Mr. McLacWan consents to the requested amendment of the birth certificate as
evidenced by the attached Consent, which is incorporated herein, and marked Exhibit "D".
10. Ronald J. Forry consents to the requested amendment of the birth certificate as
evidenced by the attached Consent, which is incorporated herein, and market Exhibit "E".
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Wherefore, Petitioner respectfully requests that the birth certificate of Erik M.
McLacWan be amended to reflect that Ronald J. Forry is the natural father.
Respectfully Submitted
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usan M. Kadel, Esquire
James, Smith, Durkin & Connelly, LLP
134 Sipe Avenue
Hummelstown, P A 17036
(717)533-3280
I.D. No. 44837
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VERIFICATION
I, Patricia B. Forry, mother and natural guardian of Erik M. McLachlan verifY that the
statements made in the foregoing Petition 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.
Date: t;-Z'f)rJi)
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Exhibit "A"
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ERIK MICHAEL MCLACHLAN
38 LAKE VIEW DR
ELIZABETHTOWN PA
17022
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Exhibit "B"
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PATRICIA B. McLAalLAN
, PLAINTIFF
IN THE COURT OF COMMJN PLEAS OF
CUMBERLAND COUNTy, PENNSYLVANIA
vs.
DOMESTIC RELATIONS SECTION
:
CIVIL ACTION - SUPPORT
RONALD J. FORRY
, DEFENDANT
NO.
1081
OF
1991
ORDER OF COURT
AND NOW, this t, ~ day Of~ 191;;-, upon the motion
Michael R. Rundle, Esquiee, Spec~al Counsel to the Domestic Relations Section
of
and attoeney foe the Petitionee, and upon consideeation of the attached
Petition, IT IS HEREBY ORDERED AND DIRECTED: that the Baltimoee Rh Typing Laboeatoey
is appointed to peefoem Red Cell and HLA Blood Geouping Tests.on the pacties
and the subject child; that the Baltimoee Rh Typing Laboeatoey is appointed
as an expect to testify as to the eesults of said Blood Geouping Tests;
that Patricia B. McLachlan
, mother of the minoe child herein, defendant,
Ronald J. Forry
and the said minor child, Erik M. McLachlan
submit to the Red Blood Cell and HLA Blood Grouping Tests at such time
and place as directed by the Cumbee land County Domestic Relations Section;
that the Cumbeeland County Domestic Relations Section advance the cost
of blood geouping tests and the cost of any expert witness fee incuceed;
and that if it is deteemined that the defendant is the fathee of said
minoe child, it is hereby oedered that he eeimbuese the Domestic Relations Section
of Cumbeeland County, Pennsylvania the cost of said blood grouping tests
and expeet witness fee as costs in this action.
BY THE COURT,
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PATRICIA B. McLAalLAN ' PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CU/1BERLAND COUNTY, PENNSYLVANIA
:
DOMESTIC RELATIONS SECTION
vs.
:
: CIVIL ACTION - SUPPORT
:
RONALD J. FORRY
,DEFENDANT : NO.
1081
OF
1991
PETITION TO APPOINT EXPERT AND TO COMPEL PARTIES
TO SUBMIT TO BLdOD TESTS
AND NOW, the petitioner,
Patricia B. McLachlan
by he!'
attorney, Michael R. Rundle, Esquice, Special Counsel to the Domestic Relations
Section, petitions the Couct as follows:
1. The petitioner,
Patricia B. McLachlan
I is
(an adult individual) pcesently residing at 3Ol,_College Aveny.!!,
Elizabethtown. Lancaster COImty
, Pennsylvania.
2. The respondent,
Ronald J. Forry
I is
(an adult individual) pcesently residing at 320. Shady Lane, Unit #6,
Eno]a, Cunberland County , Pennsylvania.
3. On oc about
October 23. 1991
, the petitionee filed a
Complaint in Suppoct alleging that the respondent is the father of her: child
June 5, 1989
Ed k M. MrJ "chlan
born
4. The respondent has denied being the father of said child.
5. The petitioner believes that submission to the Red Cell and HLA
Blood Geouping Tests will aid in avoiding the necessity of a trial in this matter.
6. Your Honorable Court has the authority to apfloint the Baltimore Rh
Typing Laboratory to perform the Red Cell and HLA Blood Grouping Tests and to
appoint it as an expert to testify to its findings pursuant to
42 Pa. C.S. Section 6l34.
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7. This court has the authority to compel the parties to under:go
such tests pursuant to 42 Pa. C.S. Section 6133.
8. This court has the authority to order that payment for the tests
be made in advance by the county and taxed as costs in the action pursuant
to 42 Pa. C.S. Section 6135.
WHEREFORE, the petitioner cespectfully requests that your Honorable Court
appoint the Baltimoce Rh Typing Labocatory to perfocm the Red Cell and
HLA Blood Grouping Tests on the mother, the defendqnt and the subject
child; that the Court appoint the Baltimore Rh Typing Laboratory as an
expect to testify to the results of the said Blood Grouping Tests; that
the Court COffilX'l the [Brties 'J.nd subif>ct child to submit to said Blood
Grouping Tests; that the Cumberland County Dcmestic Relations Section
advance the cost of the blood grouping tests and the cost of any expert
witness fee incurred; and that if it is detecmined that the defendant
is the father of the said minor child that he reimburse the Domestic Relations Section
of Cumberland County the cost of said blood grouping tests and expert
witness fee as costs in this action.
Respectfully submitted,
\\M~~.Q~
Michael R. Rundle
Special Counsel
Domestic Relations Section
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P ATRIClA B. McLACHLAl'!
. PLAINTE..,
IN THE COlfRT OF COX}!0tl PLEAS OF
CUHBE:l.LANIl COm~T'{, PENN5YI.VPJr!:p.
v
DOMESTIC RELATIONS SECLIO~
CIVIL ACTION
SUPPORT
RONALD J. FORRY
~ DEFENDANT
NO.
1081
OF
1991
ACKNOWLEDGMENT OF PATERNITY
,1p,IVER OF TRIAL
I,
Ronald J. Forry
do hereby acknowledge that ! am the rather of
tne child. Erik M. McLachlan
born on
6-5-89
in
This child was born to
Patricia B. McLahclan
of Elizabethtown, PA
I have been advised of and do ne=eby waive oy rights to:
(1) ~ trial O~ the issue
of paternity yhich must be p=oven by a preponderance ot ~he evidence and (2) an at~o~n~y
to ~ep=ese~t me on the issue c! p~ternity bot~ at the trial thereon and i~ :h~5 action
for sup!,o!'c: and (3) that if I cannot
represent me free of charge. ~
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Dc=tesr.ic Relac~s Cfficer '~
afford an attorney, one will be appointed to
i;e~~?~?
I verify that the statements made in th~ e~ ent and wa_
and co::!'ect. r understand that false state:oents herein are made suo~e"t co
the penalties of 18 Fa.C.S. Sec. 4904, re~ating to .unsworn falsifications ~o
authorities.
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In~ d t; t"e Dcmescic
. 7+-.l'"On ::ecommen a _on of -.
"'.lID NOW, thi~ ~
day of
telations O!fice~ named above, the acknowlecgTlect of pate~ity and ~aiver of t4ial
Lce accepte.a.
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Exhibit "D"
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CONSENT TO AMEND BIRTH CERTIFICATE OF
ERIK M. McLACHLAN
I hereby voluntarily and unconditionally consent to the amendment of Erik M.
McLachlan's birth certificate to remove my name as the natural father of the child.
I have not acted in the capacity of father for the child as I understand Ronald J. Forry to
be the natural father of the child.
I have read and understand the above and am signing it as a free and voluntary act.
Date: ,j;-,,2~-OO
#L$.?I~
Malcolm M. McLachlan
Sworn to and subscribed
before me this li~ ~
day of ~ ,2000.
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~.L-ndJ . u{.~e<J
Notary Public
Notarial S~~\ary Public
LInda L. ~~ttper~o~Pl1in cou~ty 2003
Derry. I" ExpIres NoV. ,
My Com\l\ISS o~ .
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Exhibit "E"
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CONSENT TO AMEND BIRTH CERTIFICATE OF
ERIK M. McLACHLAN
I hereby voluntarily and unconditionally consent to the amendment of Erik M.
McLachlan's birth certificate to add my name as the natural father of the child.
I have acted in the capacity of father for the child since I acknowledged paternity on
April 2, 1992.
I have read and understand the above and am signing it as a free and voluntary act.
Date: {r ZY~0-0
~~
Sworn to and subscribed.
beforemethis ~~d
day of ~~ 2000.
if1jA.~
Notary Pub! c
NOTARIAL SEAL
Jean L. Kosier, Notary Public
City of Hummelstown,County of Dauphin
My Commission Expires Feb. 9, 2004
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IN RE: AMENDMENT OF BIRTH
CERTIFICATE OF ERIK M.
MCLACHLAN, A MINOR, BY
PATRICIA B. FORRY, HIS
MOTHER AND NATURAL
GUARDIAN
: IN THE COURT OF COMMON PLEAS
: CUMBERLANDcOUNTY, PENNSYLVANIA
: NO. 2000-4903
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
; ss.
COUNTY OF DAUPHIN
AND NOW, this~ day of fb..l1 J I)/-
, 2000, personally appeared before
me, a Notary Public in and for the State and County aforementioned, Susan M. Kadel, Esquire,
who, being du1y sworn according to law, deposes and says that a copy of the Petition for
Amendment of Birth Certificate was served on Malcolm M. McLachlan, on Ju1y 31, 2000 by
certified mail number 70993400000929121930, addressee only, return receipt requested, as
evidenced by the return receipt card attached hereto and made a part hereof.
____~uL-
(~: . el, Esquire
Sworn to and subscribed
before me this ~
,2000.
NOTARIAL SEAL
Jean L '<oslor, Notary Public
City (,1 Hump' jlstow~.r;0unty of Dauphin
My COl:lm:"3iOn ,(:xpiras Feb. 9, 2004
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t;"lilh;';_
.' Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
7%~C//72 r? -r::t-~C,Jdt
1/$ 7f12"'e X:(!aJ D? re
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/?t?.,GGz
~. Signatur
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~~?-:--- 0 Addressee'
D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: ,)if No
3. Service Type
2' Certified Mail
o Registered
o Insured Mail
o Express Mail
o Return Receipt for Merchandise
o C.O.D.
4. Restricted Delivery? (Extra Fee)
es
2. Article Number (Copy from service label)
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PS Form 3811, July 1999 . .,. .. _0 Return Receipt
102595-9941789
-
RESTRICTED DELIVERY
CERTIFIED MAlL
Malcolm M. McLachlan
48 Lake View Drive
Elizabethtown, P A 17022
Dear Mr. McLachlan:
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.fAMEs SM!IH DuRiaN & CONNElLY ILl'
July 25, 2000
Please find enclosed a true and correct copy of the Petition for Amendment of
Birth Certificate of Erik M. McLachlan as well as the Court's Order of July 13,2000,
scheduling a hearing on the petition for August 28, 2000, at 9:30 a.m. in Courtroom
No.5 of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA
17013. Please governyour actions accordingly.
SMK:has
Enclosure
cc: Trish Forry
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LAW 0 I- F [C E S
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134 SIPE AVENUE
HUMMEL$TOWN, PA
17036
MAILING ADDRESS:
P.O. BOX 650
HERSHEY, PA 17033
TEL. 717.533.3280
FAX 717.533.2795
INFO@JSDLEGAL.COM
HARRISBURG OFFICE'
108 WALNUT ST
HARRISBURG, PA 17101
(717) 238-4776
Susan M. Kadel
smk@jsdlegal.com
BUSINESS &
COMMERCIAL LAW
CIVIL LITIGATION
CREDITORS' RIGHTS
EDUCATION LAW
EMPLOYMENT LAW
ESTATE PLANNING
FAMILY LAW
INSURANCE LAW
LAND USE
MUNiCIPAL LAW
REAL ESTATE
TRUST & ESTATE
ADMINISTRATION
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IN RE: AMENDMENT OF BIRTH
CERTIFICATE OF ERIK M.
McLACHLAN, A MINOR, BY
PATRICIA B. FORRY, HIS
MOTHER AND NATURAL GUARDIAN:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2000-4903 CIVIL TERM
ORDER OF COURT
AND NOW, this 28th day of August, 2000, after
consideration of the Petition to Amend the Birth Certificate
of Erik M. McLachlan, and after hearing, it is ordered and
directed that the birth certificate of Erik M. McLachlan be
amended to reflect that the natural father is Ronald J.
Forry and that the name of the child is Erik M. Forry.
Edward E. Guido, J.
Susan M. Kadel, Esquire
For the Petitioner .~ ~ 1. ..t;, 6-rJ
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