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Home My WebLink About95-00574 \1.1 ~,,\l)tt\\tb of ~tllll.8'Pl ~'I>~~ '*' bltllli! Department of Health HARRISBURG (717) 783-2500 , ' p') I-=- 1-- j~() ./ -- August 3, 1995 Alex Makosky Broujos, Gilroy & Houston, P.C. Attorneys at Law 4 North Hanover Street Carlisle, Pa. 17013 nn c: - ~~ , , RE: Petition to Amend Birth Record . Ryan Michael Finney (File No. 0692190-93) , , (Petitioners: Wendy Jo Finney and Andrew Daniel Smith, III).. '1) t: :t.;.\ Cumberland County Court of Common Pleas Orphans' Court Division No. Hearing scheduled August 7, 1995, 9:00 A.M. (Hon. Harold E. Sheely, P.J.) ~ :.o~ .r. n (' ;t, :~ t:: e;o I "'" ;-,-1 :<~ - , , _0' ff) 0 r.:J .-.. 0; . Ms. Makosky: We are in receipt by facsimile transmission of several proposed documents including the unverified petition, citation, and final order, which would change the subject child's birth record by listing Andrew Daniel Smith, III Instead of Michael Paul Finney as the father and changing the child's listed surname to Smith Instead of Finney. From our conversations August 3, 1995, I understand you have not yet been able to formaliy file and docket the petition, but the Court Is able to schedule the matter for the morning of August 7, 1995, and likely would not have another available date until October. I further understand the petitioners plan to marry later this month and would like to have the Court resolve this birth certificate matter prior to the marriage If possible. Assuming it is the proposed petition which you actually file with accompanying verifications, and the relief Is as appears in the proposed order and above, the Deoartment of Health has no obiectlon to the relief reauested bv oetitloners or for the Court to proceed to hear the matter August 7, 1995. If for convenience, the Court, petitioners, or your firm find It necessary to continue the matter to another date, the Department likewise has no objection and waives notice of such continuance. Due to the perceived exigency of the situation and the P,O. 80)( 00, HARRISBURG, PA 17108 .!;'.a:~l""'l!Z;~-4;;.:.iA:';'~~~~''''-"-''-'~,",;_,--~",;,..c''''_'''"'''_-_';'i:t,""_.";>lH."';,;~,;'~'''''.!~'''','''''-~'r;:_:';'_*'''''I.''',",,,,,~.~r>.~., ,,-. Alex Makosky. Esquire Page 2 August 3, 1995 Department's having no objection to the Court Issuing the proposed order, the Department waives formal notice of the citation. In the alternative you may prOVide It and the formal petition to us "after the fact" with a certified copy of the Court's final order. The Department has no direct Interest in the outcome of this particular proceeding which concerns a change of paternity and surname for the subject child. The Department of Health does not plan to appear at the hearing In this matter. Vital Records will, of course, comply with the Court's determination and ultimate decree. The Court may enter this letter Into the record to Indicate the Department's stance In this case. Should the Court grant the petition, please send the verified petition and a certified copy of the final decree, together with a brief cover letter to: Mr. Frank Yeropoli Assistant Director Division of Vital Records P.O. Box 1528 New Castle, Pa. 16103 This will expedite our compliance with the final decree. Please give my regards to John. . Sincerely, ~Jj.v~ Stephen D. Tompkins Assistant Counsel Office of Legal Counsel cc: ;MaryC. Lewis, .Clerkof Orphans' Court Charles Hardester (Attn: F. Yeropoll, File No. 0692190-93) I l IN REI I IN mE COURT OF COMMON PLEAS OF I CUMBERLAND COUNlY, PENNSYLVANIA AMENDMENT OF Bmm CERTIFICATE OF RYAN MICHAEL FINNEY I ORPHANS' COURT DIVISION ~!'I NO. ~ J995 D.O.B. JUNE 11, 1993 ORDER OF COURT AND NOW. this .3fldday of Auc.u~-j-. 1995, in consideration of the attached petition, it is hereby ordered that a hearing is scheduled at the Cumberland County Courthouse, Carlisle, PA on Aut.u!..f 7 .1995 at9: O{)!1.m. in Courtroom No. k. BY 11IE COURT, J. td~j-qjt . L-- (. I CO l,l ~~t-.r; E- J IN REI I IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA AMENDMENT OF Bffim CERTIFICATE OF RYAN MICHAEL FINNEY ORPHANS' COURT DIVISION D.O.B. JUNE 11, 1993 NO. ADomON 1995 PE'ITflON FOR MODIFICATION OF BIRm RECORD ORDER OF COURT It is hereby ordered and decreed that a citation be issued and directed to the State Registrar of Vital Statistics by certified, return receipt mail, addressed as follows; Charles Hardester, Director Division of Vital Records P.O. Box 1528 New Castle, PA 16103 to show cause why the birth certificate of Ryan Michael Finney should not be corrected and amended so that the name Ryan Michael Finney shall be changed to Ryan Michael Smith. Citation retumable on the _ day of . 1995 at _ _' m. prevailing time. BY mE COURT, J. '"J\ . . " 11"1 ~i:t: N ::1 ..... -(".I o.l!l t'1\ ~ ;;1.(t~ CJ: ,~ ->j--!,- -;;' ~.~ 'I n " .. '; ,- ~:~ ,- ~ ,~_. ., rn- ',,, ---0 t.~ "'" ....q -.". "'& 8 (l) ~ '-(6 Ul 'wa: . U a: '-'I ., f. IN REI I IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA AMENDMENT OF BmTII CERTIFICATE OF RYAN MICHAEL FINNEY ORPHANS' COURT DIVISION D.O.B. JUNE 11, 1993 NO. 574 ADOPTION 1995 PEI1TION TO AMEND BmlH CERTIFICATE AND NOW, comes the Petitioners, Wendy Jo Finney and Andrew Daniel Smith, ill, by their attomeys, Broujos, Gilroy & Houston, P.C., who sets forth the following Petition to Amend Birth Certificate of Ryan Michael Finney in accordance with 20 P.S. 711 (9), and sets forth the following: 1. Petitioners are Wendy Jo Finney, a 33 year old Caucasian and Andrew Daniel Smith, ill, a 27 year old Caucasian, who currently reside at 118 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Wendy Jo Finney and Michael Paul Finney were married on June 13, 1987. 3. Six months after Wendy Jo Finney and Michael Finney were married, Michael Finney was diagnosed with the mv virus. 4. Three years into their marriage, the couple desired to conceive a child, and chose a fertility clinic to assist in this matter. 5. Wendy Jo Finney tried unsuccessfully for three years to conceive with the assistance of tho clinic. . l" !, - .::>~:--..........-...,.>-.---~..>-- . 6. Petitioner. Andrew Daniel Smith, 111, was a co-worker of Wendy Jo Finney's during tho time she was going to the clinic, realized her frustration in the unsuccessful treatments, and therefore agreed to assist Ms. Finney naturally conceive a child. 7. Wendy Jo Finney conceived a child in August 1992 with Andrew Daniel Smith, III. 8. Michael Paul Finney assumed the conception was through the efforts of the fertility clinic. Due to Michael's' failing health, Ms. Finney never corrected Michael's assumptions. 9. The fertility clinic had not yet implanted a fertilized egg in Wendy Jo Finney. 10. Ryan Michael Finney was bom June 11, 1993. A copy of the birth certificate is attached as Exhibit A. 11. To avoid embarrassment and heartache to Michael Paul Finney, Wendy Jo Finney listed her husband as the natural father on the birth certificate. 12. Michael Paul Finney died on January 16, 1994. A copy of the death certificate is attached as Exhibit B. 13. The minor child, Ryan Michael Finney, knows Andrew Daniel Smith, m to be his father and there exists a father child relationship between Petitioner Smith and the minor child 14 The minor child has no other brothers or sisters through Michael Paul Finney. 15. Wendy Jo Finney and Andrew Daniel Smith, 111 are to be married on August 26, 1995. 16. Amendment of the birth certificate will avoid embarrassment and confusion for the minor child. 17. Vital Records refuses to make the change in the birth certificate absent a Court Order. WHEREFORE, Petitioners pray your Honorable Court to amend the birth certificate of Ryan Michael Finney to show his natural father as Andrew Daniel Smith, III and not Michael Paul Finney and to change his name from Ryan Michael Finney to Ryan Michael Smith. BROUJOS, GILROY & HOUSTON, P.c. Attorney for Petitioners 4 N. Hanover Street Carlisle, Pennsylvania 17013 717/243.4574 7171766.1690 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subjoctto the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. I~ -l;(fI . Wend Finney . ~L 1995 " .- I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. ~MJO~1i1 . drew Daniel Smith, III , . ?'/14g L..... 1995 , I I I. ...'. ..--..-. , -~ . ,"'-7~~.. . COMMONW[ AI 114 01 1'1 Nt45VI..VANIA. Ull'AHTMEtH or !tEAL 111 VI1M Hie eJllll', 0O<!l:rrtificiltion of JLlil'tb('~,) " o::~,~' 06- 11- 93 ,Iold Cat 'IA" fllf " 0692190-93 P.::t 06- 21-93 U(, r.... ....", '"';;:',','.01 DAUPHIN If:Jln 03-25-94 ,,",1 """'"'' NAME RYAN MICHAEL FINNEY SEX MALE FATHERS NAME MICHAEL PAUL FINNEY . \ .'(< I 1."1 T" ( T'~.) , ) '" ~/ , MOTHERS MAIDEN NAME' WENDY JO CRAWFORD ~1I"'.lc':~~~~~'~~~~~:i'e.6' ~ 1~"'xf.~:Il~~~:J.lIc,<j~ 6~~~~r:r~:~'\:,~~ ::,"~..::~o.P.'I"'.rI\ cl flUIIFI. \ ~/I~ CHU\UHAIINS1IA \TAl(JltCoiS1U/l ~ I , 6703750 .\ I r. 'r ",'i'..f. . . ~' ',' :> " - ; 'il, . fO, .1 .."t,,;:.... . i< . ,. ..;. .~ '. , J '" ~, 1 . . .' . .. .. ~--_. --,_--:-:,..~~.lt , - 1i~ t..._'<:lii', ...--:-. I