HomeMy WebLinkAbout09-25-07
Mindy S. Goodman, Esquire
2215 Forest Hills Drive
Suite 35
Harrisburg, PA 17112
(717) 540-8742
IN THE COURT OF COMMON PLEAS ,-,
OF CUMBERLAND COUNTY, PENNSYLVANIA ij
...... -,)
IN RE:
(-. ;
No. ~ \ b 11 69..0\
PETITION OF EULALIA NUNEZ and
RAFAEL NUNEZ,
- -.
,
PETITION TO AMEND ORDER
TO CORRECT BIRTH CERTIFICATE
TO THE HONORABLE COURT:
Petitioners EULALIA NUNEZ and RAFAEL NUNEZ, by their attorney,
Mindy S. Goodman, respectfully represent the following:
1. On or about June 7, 2007, Petitioners file a Petition to Amend
and/or Correct Birth Certificate of Eulalia Nunez. (A copy of the
petition is attached hereto as Exhibit 1.)
2. On or about June 15, 2007, an Order was entered authorizing the
Bureau of Vital Records of the Department of Health of the City of
New York to correct and/or amend the birth certificate of Petitioner
1
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Eulalia Nunez to remove the name of Petitioner Rafael Nunez as
the father. (Order attached hereto as Exhibit 2.)
3. Petitioner Eulalia Nunez contacted the Corrections Department of
the Department of Health, Division of Vital Records to have her
birth certificate amended and was instructed to obtain an amended
Order reflecting the date and place of birth. (Notification from
Department of Health, Division of Vital Records - Corrections
attached hereto as Exhibit 3.)
WHEREFORE, the Petitioners respectfully request this Honorable Court to
grant the relief requested and issue an Amended 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,
~k~~ <; G~~J -
Mindy S. Goodman, Esquire
10 No. 78407
2215 Forest Hills Drive - Suite 35
Harrisburg, PA 17112
(717) 540-8742
Attorney for Petitioners
2
Mindy S. Goodman, Esquire
2215 Forest Hills Drive
Suite 35
Harrisburg, PA 17112
(717) 540-8742
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
No.
PETITION OF EULALIA NUNEZ and
RAFAEL NUNEZ,
PETITION TO AMEND AND/OR 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.
f'!.~
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,
,".~~~~36 <==.Q
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. S 4904, relating to unsworn falsification to authorities.
----
G~~A7
Eulalia Nunez, Petitioner
E>c'A \"- ~ 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, PA 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,
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\Stac(L. Snyder
regal Assist~mr
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enclosure
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()RCHID
GENETIC TEST REPORT
Staci Snyder
Cumberland County Domestic Relations
13 North Hanover Street
PO. Box 320
Carlisle, P A J 70 13
GS Case/Test Set: 997689/776997
Customer Number: OD0705
Race Specimen ID Specimen Collection
Child: NUNEZ, EULALIA
Al:;;;ged Father: NUNEZ, RAFAEL
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
Combined Paternity Index == 0
Probability of Paternity = 0.00%
Alleged Paternity
System Child Father Index
D3S] 358 14,16 15, 16 0.88
vWA ]5,16 15,16 3.24
FGA 24 23,24 3.25
D8S] ]79 12,13 11,14 0.00
D21S11 30,32 28 0.00
DI8S51 12,16 13,17 0.00
DI6S539 11,13 II, 13 3.28
THOl 9,9.3 7,9.3 1.43
D2S1338 18,25 19,22 0.00
D 19S433 13, 15 13,16.2 1.15
EXCLUSION
EXCLUSION
EXCLUSION
EXCLUSION
I certify that the foregoing testing was conducted in accordance
with the standard nrotocol and the results cont'lined 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
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ORCHID
CELLMARK
'CLIENT AUTHORIZATION FORM / CHAIN OF CUSTODY
To Collector: Names must be provided for ALL parties to be tested (even
if they aren't present at the time of specimen collection). For each party
that IS present for collection, all requested information is required.
IV-D Case#:
Other Case#: &D - cf7- (ifS-
Requesting Agency/County: t:];/YJlJer ki 11C1 {}, IV I? State:&'-
Collection Site: /,~ Ai JlanovfJ ~ .:;1
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CITY /I' STATE ZIP
Appointment Date & Time:
Is This A Brokered Case? YES or NO
(please circle one)
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Please check hox if this specimen is bcing collected by a CSE employee:
Have you had a blood transfusion within the past 3 months? 0 Yes
Have you ever had a bone marrow or stem cell tranSplllnt? [j Yes
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DNo
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KTAPP or NON-KTAPP (circle one only if a Kentucky case)
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5698 Springboro Pike /' Suite 110
Dayton, OH 45449 \. East Lansing, MI 48823
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Please Circle The Location Where
The Collected Specimen(s) Should
Be Shipped
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(if required)
OC USE ONLY
Last Name N
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Sex (please circle one): Male
Date of
Birth
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Social
Security No.09/-0() -tJcj~ 7
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Please check box if this specimen is being collected by a CSE employee:
Have you had a blood transfusion within the past 3 months? 0 Yes
Have you ever had a bone marrow or stem cell transplant? 0 Yes
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, .Date of .
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First
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Statement of Consent and Release
I hereby consent to procurement of hlological samples, photographs and fingerprints for myself and as a representative of the minor child in this case, if applicable, and release Orchid Cellmark (OCI) from any liability
relating to any misrepresentation on my part. I hereby agree to indemnify and hold Gel harmless from any losses and expenses as a result of any such misrepresentation. I understand that the biological samples
provided will be used for DNA testing and the results may be used in a court of law to assist in the determination of parentage of the applicable child(ren), that 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 to the use of the results for any such purpose without requiring further approval from
me, and I have initialed the labeJ(s) on the specimen container(s) confmning the container(s) are correctly identified as containing my or my child(ren)'s specimen(s).
PI~~(;h~ck"6x tfthis specimen is being collected by a csIi employee:
'Hay6youl1adabtoqdtransfusion within the past 3 months? 0 Yes
Have you ever had a bone marrow or stem cell transplant? .0 Yes
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Last Name
(Please Print)
Role of Add'l Party (Please CIrcle one): 2nd Alleged Father 2nd Child
Race (Please circle one):
Callcasian Black
Date of
Birth
Social
Security No
Please check box if this specunen is being collected by a CSE employee: 0
Have YOll had a blood transfusioo within the past 3 months?
o Yes
o Yes
Have you ever had a bone marrow or stem cell transplant?
Mother'S
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First
Name
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ID No. ~)___ 7't3 -(X:;:7
1111111111111111111111111111
1748559
Place Right
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(if required)
No
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MI
Other (SpecifY)
Other plJr; '))r; II-R r .
IDNo':~3:-061-.ijO,3
1/11/111111" /1/111111 I /1 III
1748560
MI
If Child, Sex:
Other (SpecifY)
Male
Female
Place Right
Thumbprint
Here
(if required)
Other
IDNo.
OC USE ONLY
Date:
Date:
3 ~d7-{)7
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.
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on this the 027
Day
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Month
day of
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Year
at II): 10 ~PM.
I affirm, under penalties for perjury, that no tampering with
the specimens occurred while the specimens were in my
control.
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Company/Agency (If Applicable):
Attach Copy of Photo/!D Here
(if required)
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"I have visually and positively identified the other parties in this
case. "
Mother's Signature:
Father's Signature:
Specimen Collector's Initials:
Vlother:
Addresses, if additional results are to be mailed:
(4ppr(>va! required un!ps5 this is a private case)
Alleged Father:
CELLMARK
Specimen
Inventory
SB
~J:1derstanding the penalties for perjury, that I have re-
"meP,t~~r,lyd specirnep,s at Qrchid Cellrnark and there is
.1""'~.&eha~:~th.ttheSP""Une"s have
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,'-'=RTIFICATE OF BIRTH
B:ir+,.h No.
156-77-30b450
. -..-........ .............. ......... ..-- ..~.._.... - - ..-.. --.-......
,L NAME
I
i (Type or Print)
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First Name
Middle ;\lame
'Last Name
. )
Eulalia
I~u.nez
'3 fIoIu " . ""'. ~- -. -. ,Iii< f)~TF (M nth) (Day)
J a. ...nOCh '-"I' ,-.U~>Jh_., ~__ ' , 0
~thispregr.ancy . ~I OF
It 13h. If more th.,Ul one, number of this child I CHILD';i F'e b
::?IDa_ e . in order of birth i BIRTH, '
CE i New York Ci ty I b. Name of Hospital or Institution. lfnot in hospital, street address.
. .;L BOl"Ough of .
fH I I
, Py,O C~.; -: ',;-;,
: ____ -.. J.. ~--'- ~ __
5
(Year) 4h. Hour 0 AM
1977 6: 33pM UP'
~~
T;~ (~
Brookd2l~ Hcspital Medical Center
16b. MOTHER'S AGE at 16c. MOTHER'S BIRTHPLACE, City and
I time of~~irJ1 I State. Ifnot U.S,A., Country.
! New Yo :('1<;:, New Y o!'k
I c. City town or bcation Id. Street and house number
I Brooklyn 1419 Blake Ave
i Bb. FATHER'S AGE at time I Be. FATHER'S BIRTHPLACE, City am:
! of this birth I State. Ifnot U.s.A., Country.
i 15 IManhatta~, New York
I I
1THER"S FULL MAIDEN NAME
~vdia Esther
D-'C\7
-LC .'"-'
De Andino
I a. tate
i
iNew
1
.THER'S FULL NAME
THER'S
JAL
;lDENCE
Yo :;.....l{
i b. Coun ty
I
!
Kings
ai'ael Nu.."'1.e z
certificate is filed pursuant tl' Section 567-2.0 of the Administrative Code of the City of New York and
ion 207.05 of the New York City Health Code.
...
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. City" Registrar -..
c:ted . rtificate MAll -
ove )for Rlin --ff~5_1fJ85........_.......~1........
--....-.....-. '__'__"1' _........... Deputy City ~. gistrar
(Sign at ) i ,
.ol R'po't'RJe<L.:~:7.......~...:........ .-"v' - l 11
. ........... .-......... .
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-
.--------. -
EAU OF VITAL RECORDS
DEP A RThtE NT OF HEAL TII
..
THE CIlY OF NEW YOIt
JUN 1 I 2007
()
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/
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
No. d 1- 0/ - OSloI
PETITION OF EULALIA NUNEZ and
RAFAEL NUNEZ,
ORDER
AND NOW, this I t./f'vt day of y ,2007, upon review
of Petitioners Petition to Amend and/or Correct Birth Certificate, it is hereby
ORDERED AND DECREED as follows:
1. Petitioner Rafael Nunez is not the natural or adoptive father of
Petitioner Eulalia Nunez.
2. The birth record of Petitioner Eulalia Nunez incorrectly identifies
Petitioner Rafael Nunez as her father.
3. The Bureau of Vital Records of the Department of Health of the City
of New York or other agency issuing birth records in the State of
New York is hereby authorized to correct and/or amend the birth
record of Petitioner Eulalia Nunez to remove Petitioner Rafael
Nunez as the individual identified as Petitioner Eulalia Nunez's
father.
ATRUECOPYFROMRECORU
In Testimony wherof, I hereunto
set my hand and the seal
of said Court at Carlisle, PA
Th~jf~ay, OL};D/f.. 2r~L; .
lJJ;;/ifW:~Y2Jr. / /~?lt'
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//BY THE C~RT:
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Department of Health
Division of Vital Records - Corrections
125 Worth Street, Box 4
New York, NY 10013
Telephone: 212-788-4540
Date September, 62007
Re: Eulalia Nunez
Date of Birth 05/02/1977
Certificate Number: 77-308450
Reference Number: I F 5065 03 I
Dear Sir or Madam:
The matter regarding the above named birth/death certificate has been reviewed
We are returning your application for the reasons indicated below.
IMPORT ANT: RETURN THIS NOTICE WHEN YOU REAPPLY OR MAKE FURTHER INQUIRIES
PLEASE ENCLOSE ALL DOCUMENTS AND SELF ADDRESSED LEGAL SIZE
ENVELOPE WHEN YOU ARE RE-SUBMITTING APPLICATION
Reason( s) / Instructions
Miscellaneous Reject Reason.
New York City department of Health need you to please get your court order amended to reflect date and place
of birth or resubmit this package along with the original petition. (not decree).
Thank you L.H.
Examined by,
Leeada Harris
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