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Home My WebLink About09-09-08IN RE: : IN THE COURT OF COMMON PLEAS OF BIRTH CERTIFICATE OF :CUMBERLAND COUNTY, PENNSYLVANIA HAILEY BRYNN EWING . ORPHAN'S COU~T DIVISION :NO. Q~-G (. RE: PETITION FOR MODIFICATIONAND ~o -` ;~-;=, ~ ,., : _ ~. AMENDMENT OF BIRTH CERTIFICATE __~,~ ~ c7 ~ ~ LL' ~~~~' -r ~-- --,~~ ~ ~f;..J s Ca - ~ 7 ~ , ..} TO THE HONORABLE, THE JUDGES OF SAID COURT: ~-~`~ ~ r . ~ ~_- ~ 3 The petitioners, AMBER- R. EWING and THAI D. BARRICK, by ai~'d through their ti attorneys, Irwin & McKnight, and pursuant to 20 Pa.C.S.A. § 711(9) under which the Orphans' Court Division has exclusive jurisdiction over all proceedings involving birth records and their alteration, amendment or modification, respectfully represent the following: 1. Petitioners, AMBER R. EWING and THAI D. BARRICK, are adult individuals of Cumberland County, with a current mailing address of 1066 Centerville Road, Newville, Pennsylvania 17241. 2. Petitioner AMBER R. EWING is the natural mother of Hailey Brynn Ewing, a female child born Apri124, 2004, and currently four (4) years of age. A true and correct copy of the birth certificate of Hailey Brynn Ewing is attached hereto and incorporated herein as Exhibit «A „ 3. At the time of birth, Petitioner AMBER R. EWING was married to Floyd L. Ewing a/k/a Floyd L. Ewing, Jr., and his name appears as the natural father on the birth certificate attached hereto as Exhibit "A." 4. Floyd L. Ewing a/k/a Floyd L. Ewing, Jr. is an adult individual of Cumberland County, with a current mailing address of 1650 York Road, Carlisle, Pennsylvania 17015. 5. Petitioner AMBER R. EWING and Floyd L. Ewing a/k/a Floyd L. Ewing, Jr. were subsequently divorced in May of 2006. 6. On or about January 29, 2008, the Petitioners participated in genetic testing to determine the paternity of Hailey Brynn Ewing. 7. The paternity testing was conducted by Orchid Cellmark through the Cumberland County Domestic Relations office. 8. As a result of that genetic testing, it was determined that Petitioner THAI D. BARRICK is the biological father of Hailey Brynn Ewing by a 99.99% probability. A true and correct copy of the genetic test report from Orchid Cellmark dated January 31, 2008, and corresponding letters from the Cumberland County Domestic Relations Section are attached hereto and incorporated herein as Exhibit "B." 9. As a result of the genetic testing, the prior child support actions were discontinued by the consent of all parties. 10. The Petitioners are now engaged to be married with a date currently set for September 27, 2008. 11. The Petitioners have resided together and continue to reside together with the minor child, Hailey Brynn Ewing. 12. Petitioners now therefore seek to modify and amend the Certification of Birth for Hailey Brynn Ewing, to replace the name of Floyd L. Ewing as her father with that of Petitioner THAI D. BARRICK. 13. Petitioners further seek to modify and amend the Certification of Birth to change the name of the minor child to HAILEY BRYNN BARRICK. 2 14. The minor child is not an heir to property of any sort through Floyd L. Ewing a/k/a Floyd L,. Ewing Jr. or any other persons whose consent is necessary, except whose consents are attached hereto. 15. The original consent of Floyd L. Ewing a/k/a Floyd L. Ewing, Jr. to the proposed modifications and amendments of the Certification of Birth, as well as both of the consents of the Petitioners, are all attached hereto and respectively incorporated herein as Exhibits "C," "D," and «E„ 16. Pursuant to 20 Pa.C.S.A. § 711(9), the Orphans' Court Division has exclusive jurisdiction over all proceedings involving birth records and their alteration, amendment, or modification. WHEREFORE, the Petitioners, AMBER R. EWING and THAI D. BARRICK, respectfully request that this Honorable Court issue a decree confirming that the Certification of Birth of the minor child be amended and modified to correct the name of the minor child's father and to change the name of the minor child to HAILEY BRYNN BARRICK. Respectfully Submitted, IRWIN & McKNIGHT Douglas .Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: August .8, 2008 Attorney for Petitioners Amber R. Ewing and Thai D. Barrick 3 ac 3699523 DOMESTIC RELATIONS SECTION CUMBERLAND COUNTY, PENNSYLVANIA 13 NORTH HANOVER STREET P.O. BOX 320 CARLISLE, PENNSYLVANIA 17013 (717) 240-6225 RICHARD K. BETTS, DIREC"rOR February 4, 2008 LARRY' L. MILLER, ASST. DIRECTOR Thai Barrick 1066 Centerville Rd. Newville, PA 17241 RE: Genetic Testing Results Dear Mr. Barrick, Enclosed please find the genetic testing results. As you can see, you were found to be the biological father of Hailey Ewing by a 99.99% probability of paternity. Please feel free to contact me if you have any questions. Sincerely, ~ ~~ ' j~j ~', 1 J~/~ _~"~ Staci L. Snyde~ Legal Assistant SLS/ enclosure DOMESTIC RELATIONS SECTION CUMBERLAND COUNTY, PENNSYLVANIA 13 NORTH HANOVER STREET P.O. BOX 320 CARLISLE, PENNSYLVANIA 17013 (717)240-6225 RICHARD K. BETTS, DIRECTOR February 4, 2008 LARRY L. MILLER, ASST. DIRECTOR Amber Ewing 1066 Centerville Rd. Newville, PA 17241 Re: genetic testing results Dear Ms. Ewing, Please find enclosed the genetic testing results. As you can see, Mr. Barrick was found to be the biological father of Hailey Ewing by a 99.99% probability of paternity. Please feel free to contact me if you have any questions. Sincerely, ~ ~ ~~ 4 ~ ff `' ~ } St~ i L. Snyd~r' Legal Assistarir~ SLS/ enclosure lJ ~. ~ ~ '~ l ~~ GENETIC TEST REPORT Staci Snyder GS Case/Test Set: 1029666 / 819928 Cumberland County Domestic Relations Customer Number: OD0801 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Race Specimen ID Specimen Collection Mother: EWING, AMBER R Caucasian 1846982 01/29/2008 Child: EWING, HAILEY 1846983 01/29/2008 Alleged Father: BARRICK, THAI D Caucasian 1846984 01/29/2008 Combined Paternity Index = 392,46 ] to 1 Probability of Paternity = 99.99% Conclusion The alleged father, THAI D. BARRICK, cannot be excluded as the biological father of HAILEY EWING Based on the genetic testing results, the probability of paternity is 99.99% when compared to an untested unrelated man of the North American Caucasian population (Prior Probability = 0.5). At least 99.99% of the North American Caucasian population is excluded from the possibility of being the biological father of the child Alleged Paternity System Mather ^.hild Father Index D3S1358 16 16, 17 15, 17 2.50 vWA 17, 18 14, 18 14, 17 5.15 FGA 21, 22 21, 22 20, 22 1.41 D8S1179 11, 15 11, 13 10, 13 1.53 D21 S 11 29, 30 28, 30 27, 28 3.16 D18S51 15, 17 15, 16 13, 16 3.91 D16S539 9, 13 8, 13 8, 13 38.46 TH01 7, 9.3 6, 7 6, 7 2.09 D2S1338 17 17, 20 20 7.41 D19S433 14 13, 14 13, 14 1.92 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 ., „% Marco Scarpetta, Ph.D., Laboratory Director January 31, 2008 Accredited by the AABB 2947 Eyde Parkway East Lansing, M148823 800-4=13-2383 IN RE: : IN THE COURT OF COMMON PLEAS OF HAILEY BRYNN EWING :CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. CONSENT TO CHANGE OF ~'F_1~7'~F~CA7'ION OF BI~ZTH I, Floyd L. Ewing a/k/a Floyd L. Ewing, Jr., being over the age of eighteen years, hereby certify the following: I . My name is Floyd L. Ewing aIk/a Floyd L. Ewing, Jr. 2. I am currently Z ~o years of age (Date of Birth: d 7'O `~ /9~~ ). 3. I am currently listed as the father of Hailey Brynn Ewing on her Certification of Birth. (Date of Birth: Apri124, 2004) 4. Hailey Brynn Ewing was born during the time of my marriage to her mother, Amber R. Ewing. 5. In May of 2006, the marriage between myself and Amber R. Ewing was formally dissolved through the issuance of a Decree in Divorce. 6. I hereby consent to the change of the Certification of Birth of Hailey Brynn Ewing to remove my name as her father. 7. I hereby voluntarily and unconditionally consent to the above changes in the Certification of Birth of Hailey Brynn Ewing. 8. I understand that by signing this consent I indicate my intent to change the Certification of Birth and permanently give up rights to this child. I have read and understand the above and I am signing it as a free and voluntary act. Date: J tr~~ 2,~ , 2008 WITNESSED BY: / Q ~-- ~c.~_ I (Signature) (sign tare>~ FL D L. EWING a/Wa FLOYD L. EWING, JR. RELATIONSHIP OF WITNESS TO CONSENTER AND ADDRESS (i.e. friend, relative, etc.) ~~s~ G ~'~ ~~G~~ j'~ ~, ~~ r ~a~ 5 J % / / e ~~e f , c«.r ~, 3 ~~ Pte. , i 7~~ s' IN RE: : IN THE COURT OF COMMON PLEAS OF BIRTH CERTIFICATE OF :CUMBERLAND COUNTY, PENNSYLVANIA HAILEY BRYNN EWING ORPHAN'S COURT DIVISION NO. CONSENT TO CHANGE OF CERTIFICATION OF BIRTH I, Amber R. Ewing, being over the age of eighteen years, hereby certify the following: 1. My name is Amber R. Ewing. 2. I am currently 26 years of age (Date of Birth: July 19, 1981). 3. I am the natural mother of Hailey Brynn Ewing (Date of Birth: Apri124, 2004). 4. At the time of her birth, I was married to Floyd L. Ewing, Jr., the individual listed as the father on the Certification of Birth of my daughter, Hailey Brynn Ewing. 5. Prior to the birth of my daughter, I was also acquainted with Thai D. Barrick. 6. On or about January 29, 200$, I participated in genetic testing to determine the paternity of my daughter. 7. As a result of that genetic testing, it was found that Thai D. Barrick is the biological father by a 99.99% probability. 8. I hereby consent to the correction of the Certification of Birth to remove Floyd L. Ewing, Jr. as the father, and to replace his name with that of Thai D. Barrick. 9. I further consent to the correction of my daughter's name from Hailey Brynn Ewing, to that of HAILEY BRYNN BARRICK. 10. I hereby voluntarily and unconditionally consent to the above changes in the Certification of Birth of my daughter. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. I have read and understand the above and I am signing it as a free and voluntary act. Date: ~ , 2008 WITNESSED BY: AMBER R. EWING RELATIONSHIP OF WITNESS TO CONSENTER AND ADDRESS (i.e. friend, relative, etc.) ~~ iw1/~d7 ~ 7~'~ (Signature) ~ ~ , / /~0~3 ~~ ~`- ~.-7~'1 Sic r -~` } ~ 1 (Si nature) _~° 2~Li-~Q (~° ~~1-r~7/'et ~C. ~G~'-/mil `~-~~ IN RE: : IN THE COURT OF COMMON PLEAS OF BIRTH CERTIFICATE OF :CUMBERLAND COUNTY, PENNSYLVANIA HAILEY BRYNN EWING . ORPHAN'S COURT DIVISION NO. CONSENT TO CHANGE OF CERTIFICATION OF BIRTH I, Thai D. Barrick, being over the age of eighteen years, hereby certify the following: 1. My name is Thai D. Barrick. 2. I am currently 24 years of age (Date of Birth: February 5, 1984). 3. Prior to the birth of Hailey Brynn Ewing, I was acquainted with her mother, Amber R. Ewing. 4. On or about January 29, 2008, I participated in genetic testing to determine the paternity of Hailey Brynn Ewing. 5. As a result of that genetic testing, it was found that I am her biological father by a 99.99% probability. 6. Based upon the results of said testing, I believe and understand that I am the natural father of Hailey Brynn Ewing (Date of Birth: April 24, 2004) 7. [hereby consent to the correction of the Certification of Birth to remove Floyd L. Ewing, Jr. as the father, and to officially replace his name with my own name. 8. I further consent to the correction of my daughter's name from Hailey Brynn Ewing, to that of HAILEY BRYNN BARRICK. 9. I hereby voluntarily and unconditionally consent to the above changes in the Certification of Birth of my daughter. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. I have read and understand the above and I am signing it as a free and voluntary act. Date: '' ~~~ w `rj 2008 WITNESSED BY: (Signature) ff_~ (Signature) .:~ THAI D. BARRICK RELATIONSHIP OF WITNESS TO CONSENTER AND ADDRESS (i.e. friend, relative, etc.) i'~d~3 u.J . >~ f GLIL~ ~ ,~~-~ i7ai~'