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Home My WebLink About06-07-07 MINDY S. GOODMAN ATIORNEY AT LAW NORTHWOOD OFFICE CENTER 2215 FOREST HILLS DRIVE · SUITE 35 HARRISBURG, PA 17112 (717) 540-8742 - (717) 540-8743 FAX June 4, 2007 Register of Wills Cumberland County Courthouse Hanover and High Streets Carlisle, PA 17013 RE: Petition to Amend Birth Record Dear Sir or Madam: Enclosed for filing are an original and three copies of a Petition to Amend and/or Correct Birth Certificate. Please file the original, time-stamp the copies, and return the copies to me in the envelcpe provided. Also enclosed is a check in the amount of $15 to cover the filing fee. Thank you for your assistance in this matter. Very truly yours, ~~2Z~~d2 Mindy S. Goodman MSG/bsg Enclosure cc: Rafael and Eulalia Nunez , ,...,! 0,) C"J MINDY S. GOODMAN ATI'ORNEY AT LAW NORTHWOOD OFFICE CENTER 2215 FOREST HILLS DRIVE · SUITE 35 HARRISBURG, PA 17112 (717) 540-8742 - (717) 540-8743 FAX June 6, 2007 Register of Wills ATTN: Jackie Cumberland County Courthouse Hanover and High Streets Carlisle, PA 17013 RE: Petition to Amend Birth Record Dear Jackie: As we discussed on the telephone yesterday I am enclosing an additional check in the amount of $15 for the above-referenced case as well as an envelope for service upon the petitioners. If you have any questions or need additional information, please do not hesitate to call me. Thank you for your assistance in this matter. Very truly yours, ~~~ C__) ...... L. ~.~~ Mindy S. Goodman I -.J MSG/bsg Enclosure cc: Rafael and Eulalia Nunez -un -:-I w <........1 C) C") =-::2 ~:-- ~;2 Mindy S. Goodman, Esquire 2215 Forest Hills Drive Suite 35 Harrisburg,PA 17112 (717) 540-8742 -n ::::::j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INRE: . : No. ;2. t - 0"\ - CJ'SlR1 PETITION OF EULALIA NUNEZ and RAFAEL NUNEZ, PETITION TO AMEND ANDIOR CORRECT BIRTH CERTIFICATE TO THE HONORABLE COURT: Petitioners EULALIA NUNEZ and RAFAEL NUNEZ, by their attorney, Mindy S. Goodman, respectfully represent the following: 1. Petitioner Eulalia Nunez is an adult individual currently residing at 717 S. Broad Street, Mechanicsburg, Pennsylvania (hereinafter referred to as Eulalia. 1 () .-J c'" I --.J N .. <::) \J:) 2. Eulalia is now thirty (30) years old having been born in the State of New York on February 5,1977. (An original of Eulalia's birth certificate is attached hereto as Exhibit A.) 3. Petitioner Rafael Nunez is an adult individual currently residing at 717 S. Broad Street, Mechanicsburg, Pennsylvania (hereinafter referred to as Rafael). 4. Rafael was previously married to Eulalia's mother; however, Rafael was eleven (11) years old and not married to Eulalia's mother or anyone else at the time of Eulalia's birth. 5. Rafael is not married at the present time. 6. Since Eulalia is thirty (30) years old and no longer a minor child for whom a duty of support is due and owing, there is no support obligation in place with regard to the Petitioners. 7. On or about March 25,1985, while Rafael was married to Eulalia's mother, his name was added to Eulalia's birth certificate, even though he was not Eulalia's natural or adopted father. (See Exhibit A.) 8. The age of Rafael as listed on Eulalia's birth certificate attached hereto as Exhibit A, is fifteen (15); however, Rafael was born June 22, 1965, which would have made him eleven (11) at the time of Eulalia's birth, not fifteen (15). 2 9. Rafael has never adopted Eulalia, and adoption proceedings between Rafael and Eulalia were never commenced in the State of New York, the Commonwealth of Pennsylvania, or any other jurisdiction. 10. Petitioners now join together in seeking to correct Eulalia's birth certificate, that was issued in the State of New York, to remove Rafael Nunez as the father identified on Eulalia's birth record. 11. When Petitioners contacted the Department of Health, Bureau of Vital Records in the City of New York, they were told that in order to change the birth record, Petitioners would have to obtain a Court Order directing the Bureau of Vital Records to correct or amend the birth certificate. 12. Petitioners indicated to the Bureau of Vital Records that neither of them lived in the State of New York at the present time. 13. Petitioners were instructed by the Bureau of Vital Records in New York to seek a Court Order in Pennsylvania directing a change to the birth certificate, and the New York Bureau of Vital Records would honor the Court Order issued in Pennsylvania since neither of the parties lived in the State of New York and no county in New York had jurisdiction over the parties. 14. In an effort to assist the Court in determining that Rafael is not the father of Eulalia, the Petitioners did voluntarily undergo genetic 3 testing through the Office of Domestic Relations in Cumberland County, Pennsylvania, which revealed a probability of paternity in this case of 0.00 percent. The genetic test report is attached hereto as Exhibit B. WHEREFORE, the petitioners respectfully request this Honorable Court to grant the relief requested and issue an Order directing and/or authorizing the Bureau of Vital Records of the Department of Health of the State of New York to issue an amended and/or corrected birth certificate removing Petitioner Rafael Nunez' name as the father of Eulalia Nunez. Respectfully submitted, ~L~<86~~.- Mindy S. Goodman, Esquire 10 No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Petitioners 4 VERI FICA TION I have reviewed the contents of the foregoing Petition to Amend and/or Correct Birth Certificate and I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. ~J~~ Eulalia Nunez, Petitioner j &.. te \"t" A DOMESTIC RELATIONS SECTION CUMBERLAND COUNTY, PENNSYLVANIA 13 NORTH HANOVER STREET P.O. BOX 320 CARLISLE, PENNSYLVANIA 17013 (717) 240-6225 RICHARD K. BETTS, DIRECTOR LARRY L. MILLER, ASST. DIRECTOR April 4, 2007 Rafael Nunez 717 S Broad Street Mechanicsburg, P A 17055 RE: Genetic Testing Results Dear Mr. Nunez: Enclosed please find the genetic testing results. As you can see, you were found to not be the biological father of Eulalia Nunez. Please feel free to contact me if you have any questions. Sincerely, SLS/ enclosure 6.)&" '. fit ~ ,- -- -.-..&... "~:\ ORCHID GENETIC TEST REPORT Staci Snyder Cumberland County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Child: NUNEZ, EULALIA Alleged Father: NUNEZ, RAFAEL Combined Paternity Index == 0 Probability of Paternity = 0.00% GS Caseffest Set: 997689 / 776997 Customer Number: 000705 Race Specimen ill Specimen Collection Hispanic 1748559 1748560 03/27/2007 03/27/2007 Conclusion The alleged father, RAFAEL NUNEZ, cannot be the biological father of EULALIA NUNEZ, since he and the child do not share necessary paternal markers in multiple genetic systems System D3S1358 vWA FGA D8S 1179 D21S11 018S51 016S539 THO 1 D2S 1338 019S433 Child 14,16 15, 16 24 12,13 30,32 12, 16 11, 13 9,9.3 18,25 13,15 Alleged Paternity Father Index 15, 16 15, 16 23,24 11, 14 28 13, 17 11,13 7,9.3 19,22 13, 16.2 0.88 3.24 3.25 0.00 EXCLUSION 0.00 EXCLUSION 0.00 EXCLUSION 3.28 1.43 0.00 EXCLUSION 1.15 I certify that the foregoing testing was conducted in accordance with the standard protocol and the results contained herein are true and correct to the best of my knowledge. r;:/ Stephen M. Milligan, Ph.D., Associate Director March 30, 2007 Accredited by the AABB 2947 Eyde Parkway East Lansing, MI48823 800-443-2383 .........- CLIENT AUTHORIZATION FORM ICHAIN OF CUSTODY ORCHID CELLMARK To Collector: Names must be providedfor ALL parties to be tested (even If they aren't present at the time of specimen collection). For each party that ~ present for collection, all requested information is required. IV-D Case#: Appointment Date & Time: Is This A Brokered Case? YES or NO (please circle one) Collection Site: (91)- ri7- (jS- Requesting Agency/County: aFnAe'-r fa ,4 (),,/) /< Il~ Al J.hrJnllp; .sl . FACILITY (lo i"//rJ ~ JfJA- arv STATE State: J2l- Other Case#: =: ; S ~ /70/3 ZIP KTAPP or NON-KTAPP (circle one only if a Kenhicky case) ~ay 5698 Springboro Pike ( ~~~~, 11 0 Dayton, OH 45449 ~ Lansing, MI 48823 Last Name N (Please Print) U f} e z- Sex (please circle one): Male ~=e cule; /I~ MI =: ~ r-i = ~ ~ ~ Date of Birth 0 J.-6S;~ 71 Social SecurityNo.[)9/-tJl) ,tJrfd 7 D Other,l/8 ('llN2 r IDN~. 27--- 7,!3-0S-7 111111111011111111111111111 1748559 Place Right Thumbprint Here (if required) ~ U Please check box if this specimen is being collected by a CSE employee: Have you had a blood transfusion within the past 3 months? D Yes Have you ever had a bone marrow or stem cell transplant? 0 Yes Last Name (Please Print) First Name MI i: ~ ~ ~ ... t:: ~ Race (please circle one): Caucasian Black Hispanic If Child, Sex: Other (SpecifY) Male Female Role of Add' I Party (Please circle one): 2nd Alleged Father 2nd Child Date of Social Birth Security No. Other IDNo. Place Right Thumbprint Here (if required) D DNo DNo Statement of Consent and Release I hereby consent to procurement of biological samples, photographs and fingerprints for myself and as a representative of the minor child in this case, if applicable, and release Orchid Cellmark (0Cl) from any liability relating lo any misrepresentation on my part. I hereby agree lo indemnify and Iwld 0Cl harmless from any 10sses and expenses as a result of any such misrepresentation. I understand that the biologicaI samples provided will be used for DNA testing and the results may be used in a court of law lo assist in the determination of parentage of the applicable child(ren), thst the results may be stored for possible future use, and may be disclosed as required by law or legal process, including in connection with the determination of parentage. I hereby consent lo the use of the results for any such purpose without requiring further approval from me, and I have initialed the label(s) on the specimen container(s) conftrming the container(s) are correctly identified as containing my or my child(ren)'s specirDen(s). Please check box if this specimen is being collected by a CSE employee: Have you had a blood transfusion within the past 3 months? DYes Have you ever had a bone marrow or stem cell transplant? DYes DC USE DNL Y j ~ I SAMPLE COLLECTOR'S STATEMENT: I have drawn, collected, packaged and sealed these sample(s), I have \.. witnessed the preceding signature(s), and I have no legal ~ interest in the final outcome of the genetic testing. .!! '0 u >- .Q "C .! Q) Q. E o u Q) .Q "- II) :J it "Print Name: day of /Jt;v{'j Month ,~7 Year Day at /6: 10 ~PM. I affirm, under penalties for perjury, that no tampering with the specimens occurred while the specimens were in my control. Signature: r~~ d;SA- /3.e 1/<) " Company/Agency (If Applicable): Attach Copy of Photo! ID Here (if required) Ad on! My RffFItE/ ;t/u;;E Z 1 'S-<.A Ic-.(jc, ~v.XeL.. fi, "I have visually and positively identified the other parties in this case," Specimen Collector's Initials: Addresses, if additional results are to be mailed: (.4pproval required unless this is a private case) . '...~.,.,.._" ... ". .e....,..- '. . .""7!f",.. .;'" .'. ._, :':~"'~~'~"'<'__'~ "." ,"_'-:,. ..'i'f.r- 'h';'__.~'....,.T_ ....;"..l!.,!:-~..' ,P. (J?:~!': .....-; '_ "" ~'_ -' .~ "_'":""'~"";,"". "':.,' ,,' .,..l .. :::'r,.,y<~;,::,.~!,!,~""~~~,.,:""-"";'~":..""",,,"!,,!,,,,\,,:~~.~)..~-~.,..,,."....-.- """'''-''~--'''' '. ".-'" ;.. .'.." ; ..~ . '.... '. '. :"'-1" A 'JK' 1 ....... 19' '. ". ,.... '.. ..' .... ...... ", .... . ....- ;:"'"'_"',:,)...,1 r- / OF l...... : ._.;,'.'" .' " " .' '. .... ~I' 11"'). ." t..." ,"y.: .. ..... .... "..- . . ....... ''i __ V u" ~~..~.:~~:~~-,~ . - '. -... - , . '. . .:.'t::>.../eS"':' --_:.:....;:.'~:-;<.~.:"~;.. .... -.. 5 ,r.... ~) ''''. .<::- ) c-..... ':'.:"'.'" ../ . 'oj ......,:.Jl 'Llt ,~:sRT~FICATE OF BIRTH . T 156-77-308450 ~ No. ._._...._.........._.__.............___..____..__._..... LL NAME i (fype or Print) 1 I L_ j3a. t<l.UM..D,;,;.......I:~:.;;:..:;.:::~ ::':.._ l4lf OA.TF. (Month) (Day) of this re ane '..J.t=, OF . 1 . 3b.lfmore than one. number of this dilld"' CHILD"S F'eb 5 1977 ema_ e in order of birth BIRTH << - '-CE I New York Ci ty _I b. Name of Hospital or Institution. If not in hospital, street address. i a Borough of i ~TM, ..... _ -, : i ~ro 0 E..L :/IJ. ; First Name Middle ;\lame . 'wt Name . . -,) Eulalia N li..Yl e. Z (Year) J4h. Hour lOAM 6: 33PM U pl ........ - JTHER'S I a. tate UAL J :SlDENCE iN ew Y orl{ ATHER'S FULL NAME i b. County I The Brookc2.1s- Hcspi. tal IvIedical Center 16b. MOTHER'S AGE at. 16c. MOnIER'S BIRTHPLACE, aty and I .time or~L"'th State. Ifnot U.S.A., CountrY. ! Ne'Vl Yorl{, New Yo!'k I c. City town or location d. Street and house number Brooklyn 1419 Blake Ave OTHER'S FULL MAIDEN NAME Lydia Esther Diez De Andino Kings I' 8b. FATHER'S AGE at time 18e. FATHER'S BIRTHPLACE, City ane' of this birth ,State. If not U.s.A., CountrY. . i 15 f Manhatta!l, Ne'\^l Yor}~ I I !> certificate is filed pursuant tn Section 567-2.0 of the Administrative Code of the CitY of New York and tion 207.05 of the New York City Health Code~ ~a:fael Nu.."'1ez .. . . . . 'L....d..A,..~... ~'.~ ;L' .. (.;...~ ~_..--........-.....-~ -........-...".-....------.--.. . . City \ Registrar '. '.- ~.~... 'fi~te . M~ .' - t a..rRI. m --11"~ ~.5_.1005.~...u..-. ..~......J.:J.u..... ....__ ____ " _.......... Deputy City ~ Qstrar , , (Signa) I ' .larRep'on ecl'-,n., . '-"''''JV --~,- C ...u~J. . ( 7 J v - .--........_..__ . ...........-............ "..-..... -.--............,.......-.. ~,~ 1 !' "------ tEAtJOFVITAL<RECORDS' nEPARTMSNTOF HEAL TIJ, ~