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Home My WebLink About09-5807OM & TA ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 DANIEL GOODWIN, Plaintiff V. SAMANTHA MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 5 Yb 7 CIVIL ACTION - PATERNITY MOTION TO DETERMINE PATERNITY 1. Plaintiff is Daniel Goodwin, residing at 132 Tower Circle, Carlisle, Pennsylvania. 2. Defendant is Samantha Myers, residing at 1020 North Pitt St, Carlisle, PA. She is the Mother of the child. 3. Plaintiff believes he is not the Father of the following child: Tylor Myers born on August 11, 2001. 4. Plaintiff believes he is not the Father of the child because the Mother told him he is likely not the Father of the child, and she has also said she knows the true biological Father. 5. Plaintiff concedes that he signed an acknowledgement of paternity at the time of the child's birth. 6. 23 Pa.C.S. 5103(g) states that an acknowledgement of paternity can only be challenged in court on the basis of fraud, duress or material mistake of fact. 7. Here, Plaintiff contends that he was the victim of fraud by the Mother due to her failure to inform him of relevant information that good faith required her to disclose. 8. At the time of the birth of the child, Plaintiff had no reason to suspect that anyone other than himself was the Father of the child due to the fact Mother and him were in, or at least appeared to be, an exclusive boyfriend/girlfriend relationship. 9. Mother made no indication that she had other sexual partners during the relationship that between the Plaintiff and herself. 10. Mother's failure to provide Plaintiff notice of such is a misrepresentation made with the intention that Plaintiff would be induced to sign the acknowledgment of paternity. 11. Plaintiff justifiably relied on the misrepresentation and has suffered damage as a proximate result. 12. While not an actual statement, several cases have held that similar factual scenarios, where the Mother fails to disclose relevant information, were misrepresentations that a claim of fraud could be based upon. Glover v. Severing, 946 A.2d 710 (Pa. Super. Ct. 2008); N.C. v. M.H., 923 A.2d 499 (Pa. Super. Ct. 2007); Gebler v. Gatti, 895 A.2d 1 (Pa. Super. Ct. 2006). 13. Plaintiff, through his Counsel, has asked Defendant to cooperate in performing paternity testing privately but she has not responded and effectively has refused. 14. Plaintiff now seeks the assistance of this Court to help him determine if he is the Father of the child by compelling to submit himself and/or the child to appropriate blood or genetic testing. 15. If Plaintiff is not the Father of the child, he wishes to cease all of the responsibilities and rights of a parent, including child support. WHEREFORE, Plaintiff asks this Honorable Court to order paternity testing and to compel Defendant to cooperate with the testing. Respectfully submitted, ABOM & KUTULAKIS, LLP Date: L?(-)12-C 10q Kara W. Haggerty, Esq ' e Attorney ID #86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintiff VERIFICATION I, DANIEL GOODWIN, verify that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date V1 6 DANIEL GOODWIN DANIEL GOODWIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. SAMANTHA MYERS, CIVIL ACTION - PATERNITY Defendant CERTIFICATE OF SERVICE AND NOW, this w may of August, 2009, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Motion to Determine Paternity, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Samantha Myers 1020 North Pitt Street Carlisle, PA 17013 Respectfully submitted, Abom & KL&Ar ia% LLP. , xw Kara W. Haggerty, Esqu r Attorney ID No.869 2 West High Street Carlisle, PA 17013 (717) 249-0900 RLE, .i'(E OF THE P ; rr OTAPY 2009 Av- 24 Ali 10: 1 a T *'I,8.50 Pa AT q CIW 1 `l90 M* ?aq (038 DANIEL GOODWIN, PLAINTIFF V. SAMANTHA MYERS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5807 CIVIL IN RE: PLAINTIFF'S MOTION TO DETERMINE PATERNITY ORDER OF COURT AND NOW, this 26th day of August, 2009, upon consideration of the Plaintiff's Motion to Determine Paternity, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before September 15, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ts? -? U-tv , I M. L. Ebert, Jr., J. Kara W. Haggerty, Esquire Attorney for Plaintiff xt" 1-69 OF THE P lf". ? K)I OTARY 2009 AUG 27 A 10. 10 V Samantha Myers, Pro Se Defendant 1020 North Pitt Street Carlisle, PA 17013 )Uwff? 71 bas l ?rK aid -7- o TA 2OM CSC &U 1 LILAKIS Kara W1. Haggerty, Esquire Attorney I.D. No.: 86914 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 DANIEL GOODWIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 09-5807 Civil Term SAMANTHA MYERS, CIVIL ACTION - PATERNITY Defendant TO THE HONORABLE M.L. EBERT, JR., JUDGE OF SAID COURT: AND NOW, comes the Petitioner, DANIEL GOODWIN, by and through his attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully avers the following: 1. Petitioner, by and through his counsel, filed a Motion to Determine Paternity on August 24, 2009. 2. On August 26, 2009 an Order was entered against the Defendant to show cause why the relief requested should not be granted. The Rule was returnable on or before September 15, 2009. 3. The required date has passed and Defendant has not filed a response to the Rule to Show Cause. WHEREFORE. Petitioner respectfully requests this Honorable Court grant the relief requested and direct Defendant to comply with paternity testing and to make the child available for any paternity testing. d DATE 30 Respectfully submitted, ABom& Ku=Aras, L.L.P. tom/. Ida Kara W. Haggerty, Es Supreme Court ID 8 91 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 The undersigned hereby certifies that on this date, a true and correct copy of the foregoing Motion to Make Rule Absolute was served by first class mail to the following: Samantha Myers 1020 North Pitt Street Carlisle, PA 17013 Date: O q 130 0 t Respectfully submitted, Abom & Kutulakis, L.L.P. Kara W. Haggerty, Es Attorney ID No. 8691 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintiff PLE'D Tp? 30 SEP 2 9 2009 In s DANIEL GOODWIN, Plaintiff V. SAMANTHA MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-5807 Civil Term CIVIL ACTION - PATERNITY ORDER OF COURT AND NOW, this I Sf day of OekOby , 2009, this Court having considered Plaintiff's Motion to Make Rule Absolute and finding good and sufficient cause therefore, it is hereby ORDERED and DECREED that the Motion to Determine Paternity is GRANTED. The Defendant is hereby ORDERED and DIRECTED to comply with any request for paternity testing and to make the child available for such testing. BY THE COURT, N\ M.L. Ebert, Jr., Judge Distribution: Vl,'?ara W. Haggerty, Esquire, 2 West High Street, Carlisle, PA 17013, Attorney for Plaintiff .Soamantha Myers, 1020 North Pitt Street, Carlisle, PA 17013, Pro Se Defendant 4 RL?D-0i-' OF TFE PPO", NOTARY 2009 OCT -1 PM 3: 41 CUMBLHL 4b Wul\ny PENNSYLVANIA