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Home My WebLink About01-27-09F:\FILES\CGents\11720 Mellott\I1720.2.petition.AmendRec Created: 9/20/04 0:06PM Revised: (/19/09 9:28AM Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioners n 0 `~'7 .S7 ~-,".-.,, ~ n ' i-T"i __ 1 '-. ~'•^~ ~- `-. .:~ -I~ _ : ~._ :Vv ~ -1 N O ~.o L N ~~ cn .~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ROGER R. MELLOTT, SR., and CHARLENE E. MELLOTT, ORPHANS COURT Petitioners Docket No: ~ ~ ~ ~,1~ _ ~~~~`~ PETITION TO DIRECT ORPHANS COURT TO AMEND A RECORD AND NOW come Petitioners, Roger R. Mellott, Sr., and Charlene E. Mellott, by and through their counsel, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and aver as follows: 1. Roger R. Mellott, Sr., and Charlene E. Mellott ("Petitioners") are adult individuals residing at 720 Mountain Road, Newville, Cumberland County, Pennsylvania, 17241. 2. On Apri122, 1977, Petitioners were married in Lower Mifflin Township. A true and correct copy of the Petitioner's Marriage License Application is attached hereto as Exhibit "A." 3. Petitioner Roger R. Mellott, Sr., was born on October 12, 1951. A true and correct copy of Petitioner Roger R. Mellott, Sr.'s birth certificate is attached hereto as Exhibit "B." 4. Petitioner Roger R. Mellott, Sr.'s father was the late William E. Mellott. See Exhibit "B." 5. On both the Marriage License and Marriage Certificate, the date of Petitioners' -+ t-~ `J ~. _. ~ ~._; ~ ,_ ;.-r~ - .~ .~ marriage was erroneously recorded as occurring on "Apri122, 1077." A true and correct copy of the Cumberland County Register of Wills Office's "Certificate of Excerpts from Marriage License Record," is attached hereto as Exhibit "C." 6. On both the Marriage License and Marriage Certificate, the birth date of Petitioner Roger R. Mellott, Sr., was erroneously recorded as "September 12, 1951." See Exhibit "C." 7. On both the Marriage License and Marriage Certificate, the middle initial of Petitioner Roger R. Mellott, Sr.'s father was erroneously recorded as "William A. Mellott." See Exhibit "C." WHEREFORE, Petitioners respectfully request this Honorable Court to grant Petitioners relief as follows: (1) the Register of Wills Office will correct the date of Petitioners' mamage as recorded on their Marriage License and Marriage Certificate to "April 22, 1977"; (2) the Register of Wills Office will correct the birth date of Petitioner Roger R. Mellott, Sr., as recorded on the Marriage License and Marriage Certificate to "October 12, 1951"; (3) the Register of Wills Office will correct the name of the father of Petitioner Roger R. Mellott, Sr., as recorded on their Marriage License and Marriage Certificate to "William E. Mellott"; and (4) the Register of Wills Office will issue a new Marriage License and Marriage Certificate to Petitioners reflecting the corrections contained herein. MARTSON LAW OFFICES Date: ~~~ ~~(~ By 'stop er ce, Esquire I.D. Number 90916 Jacob M. Theis, Esquire I.D. Number 208631 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioners FORM ML2 COMMONWEALTH OF PENNSYLVANIA No. 230 vot. 80 MARRIAGE LICENSE APPLICATION DUPLICATE RETURNED 4-27-77 1 COUNTY ISSUING LICENSE 4. OFFICIANT: Cumberland A. NAME Thomas A_ Stahl 2. PLACE OF MARRIAGE (CITY, BORO. TOWNSHIP) ICOU NTY) Lower Mifflin Twp. Cumb B. TITLE Minister 3. DATE OF MARRIAGE (MONTH, DAY, YEARI April 22, 1977 C. DENOMINATION ~----~'- STATEMENT OF MALE STATEMENT OF FEMALE 5 FULL NAME AGE 27. FULL NAME AGE roger toy Mellott, Sr. 25 Carlene Elsie Ellerman 28 ti. MAILING ADO RESS 20. MAILING ADDRESS 12,D,#2, Box 182, Newville R,D,#2, Newville 7. RESIDENCE. B. COUNTY 29. RESIDENCES B. COUNTY A STATE Pa• Cumberland A. STATE Penna, Cumb. C LOCATION C. LOCATION 1 I : CITY OF (11 CITY OF t2) BOROUGH OF 121 BOROUGH OF 13) TOWNSHIP OF Upper Mifflin (31 TOWNSHIP OF Upper Mifflin B. OCCUPATION 9. RACE 30. OCCUPATION 31. RACE Laborer White Housewi fe F~hite IO. DATE OF BIRTH 11. BIRTHPLACE 32. DATE OF BIRTH 33. BIRTHPLACE Sept. 12, 1951 Shippensburg, Pa Sept, 7, 1948 Car lisle, Penna. 12A. NUMBER 128. HOW AND WHEN DISSOLVED 34A. NUMBER 348. HOW AND WHEN DISSOLV EO MARRIAGES 1 Divorce July 6, 1976 MARRIIAOGES 1 Divorce: Mar. 3, 1977 13. CAU SEIS) IF DIVORCED 3b. CAU SE 151 IF DIVORCED Cumb.Co. No. 933 Civil 1976 No. 2961 Civil 1976 Indignities Cumb.Co., Indignities 14. GIVEN AND SURNAME OF FATHER 3D. { A O 5 NA O T ER ` ` ' ' ' _ William A_ Mellott c ased ~i~m ~. l~i~ 1Ceff ~~ _ 15 GIVEN AND SURNAME OF MOTHER 37. A S MOTHER ~~~ ~ ~~~~~ Goldie C leven er 16. MAI~EN NANE QF MOTHER arr is 3B. M~(i l D E~ NAME OF MOTHER e r jj y 17. RESIDENCE OF FATHER Deceased 39. RE IDE E OF FA~`HE R,Sb,~#`~, Box ~~424 Carlisle,Penna. I0. RESIDENCE OF MOTHER D 2 Newville 40, .RESIDENCE OF MOTHER JaIlle 19. RACE OF FATHER 41. R/1G E FATH ER F White i e _ WCl C 20. RACE OF MOTHER 42. WR/1 itOeF MOTHER CC II 21. OCCUPATION OF FATHER 43. O C UPATION OF FATHER Deceased Salesman 22 OCCUPATION OF MOTHER 44. OCCUPATION OF MOTHER Housewife Secretary 23. BIRTHPLACE OF FATHER 45. GIRT PL CE OF FATHER Perr Count Pa. Car~is~.e,Penna. 24. BIRTHPLACE OF MOTHER 48. BIRTHP~.A E OF MOTHER Harris~burg,Penna, 25. IS APPLICANT AFFLICTED WITH ANY TRANSMISSIBLE DISEA SE7 47. IS APPLICANT AFFLICTED WITH ANY TRANSMISSIBLE DISEASE? No no 26. DOES APPLICANT SATISFY ALL PROVISIONS IN PENNSYLVANIA'S 4B. _ DOES APPLICANT SATISFY ALL PROVISIONS IN PENNSYLVANIA'S MARRIAGE LAW? ISEE BELOW YES $ NO ^ MARRIAGE LAWT SEE BELOW) YES ^x NO ^ FOR ITEMS 26 4ND <B. OFFICIAL MUST OFTERM:NE IF E:?HER OF THE APPLICANTS AT YHi TIME OF APPLICATION: 1. IS WEAKENED. INSANE. CR OF UNSOUND MIND. 3. IS UNDE7 THE INFLUENCE OF INTO%ICATING LIOUOR OR NAgCOTIC 2 IS OR MAS BEEN WITHIN FIVE YEA R$ AN INMATE OF AN INSTI. DRVG. TUTION FOR PERSONS WHO ARE WEAKMINDED I~!SAN E. OF UN. 4. HAS BEEN DIVORCED BV HIS OR NER FORMER SPOUSE ON GROUNDS SCUNC MIND OR INDIGENT. to JVDGE OF THE ORPHANS' COURT OF ADULTERY WITH THE OTHER APPLICANT, IF THE FORMER HUS~ MAY AUTHORIZE ISSUANCE OF A LICENSE TO THESE APPLI. BAND OR WIFE IS STILL LIVING. CANTS ~ 3. IS OF THE PROHIBITED DEGREE OF CONSANGUINITY OR AFFINITY. SIGNATURE OF PARENT OR GUARDIAN GIVING CONSENT. IF REQUIRED I SIGNATURE OF PARENT OR GUARDIAN GIVING CONSENT. IF REQUIRED WE THE UNDERSIGNED. IN ACCORDANCE WITH THE STATEMENTS HEREINAFTER CONTAINED. THE FACTS AS SET FORTH WHEREIN WE AND EACH OF US DO SOLEMNLY SWEAR ARE TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF. 00 MAKE APPLICATION TO THE -JERK OF ORPHANS'COURT TO MARRY. 51GNATliRE OF MALE APPLICANT SIGNATURE OF FEMALE APPLICLA NT SWORN AND SUBSCRIBED TO BEFORE ME THIS 7th DAV OF Agri 1 77 rr A. D., f9-._ ~~L~GF ~ ~ ~~ ~ 7 .i~_..l 7,L;;~~,( SEAL CLERK OF ORPNANf' COURT JR E ~? t~r/ ~~~ ~-"' ! /J /lam<"~~..~~ DATE LICENSE WAS ISSL'EU ` `u` ~ ~ ~ r 7 ~~ ~s~7Ra~wlr~.F+sirRr vws.~Pwl wA~r~~vw.. ~..... ~.... ~.....~.....___,..- .` < .ark ~~ ~ ~ ~ n,~ ~~~ ,~~~ . ~ ~~r . ~~ ~ ~~~t~t~C~i~ti~l~' _t~~. ~tl~ ~~ t~t~'~ttt~l~ - ~ ~ ,~ ~C~ji~ ~Certf ie~ t~jat A~ CERTIFICATE OF BIRTH HAS BEEN, FILED 1N THEE OFFICE FOR TH)r : REGf~fRAtIQN~-pF VITAL STAT15TICS AT HARRISBURG, PENNSYLVANIA, U .' ,:,, REGISTERE~D- NUMBER 30 `' ,- E NAME ~1C~T ~' ~-~°~~ ~ ~ 0 1ti' I- SEX ~ ~~ BORN ON~c o(0 1- _I Z- , ~9 ~~i , ~AT ~ •S~- ~ b ~~u 5 ~4 i^4 . a. .1. ' NAME OF FATHER.1~'~ ~ I' a ~ E~~.~.~ ~' ls°` ~~a ~' f "' MAIDEN NAME ~OF MOTHER~~~ ~ ~ ~a r t - c IC ~' C _~- fttRFT11RY of LTN - ~ _._.._~~~....r~~.~.. ~~~~r.~ur~~..wa/rwft.IwlfsNttlNl~NlIlAtartl~L.rL EXHIBIT "C" Register of Wills of Cumberland County, Pennsylvania i Courthouse Square, Carlisle, PA i~oi3 717-240-6345 CERTIFICATION OF EXCERPTS FROM MARRIAGE LICENSE RECORD I, Glenda Farner Strasbaugh, Clerk of Orphans' Court in and for said County, hereby do certify that the records in this office, as contained in Marriage License Docket, Vol. 80 Page 230, show that Marriage License No. 80-230 was issued on April 13 , 1977 to Roder Roy Mellott, Sr. and Charlene Elsie Ellerman and that the Return to said License shows that said persons were married on April 22, 1077 at Lower Mifflin Township by Thomas A. Stahl, Minister. Roder Roy Mellott, Sr. stated his date of birth as September 12, 1951, his birthplace as Shippensbur~, PA, and the names of his parents as William A. Mellott and Goldie Clevenger. Charlene Elsie Ellerman stated her date of birth as September 7, 1948, her birthplace as Carlisle, PA, and the names of her parents as William E. Keller and Edna I. Keller. IN TESTIMONY" WHEREOF, J l~~ }gin ~~rr~,intr~. cr~t m~' 1~_~n{j 'll?d thr' S'"'•1 fnr caid ~o~irt phis 20th d?v of DecPmrPr, A 1~., ~O~i~ Glenda Fanner Strasbaug 1 Clerk of Orphans' Court ,:. Pcr ~ - , D ~1 , b;~ _~ h '~~ ( ~ r 1~~ C +~ ~' Rte., t 1 i' ~, ~': 17 ~ y~f /1J l VERIFICATION We, the undersigned, certify that the foregoing Petition is based upon information which has been gathered by my counsel. The language contained therein is that of counsel and not my own. We have read the document and to the extent it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent the content of the document is that of counsel, we have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if we knowingly make false averments, we maybe subject to criminal penalties. -~- ,~% ~~ ger R. Mellott, Sr. Charlene E. Mellott