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HomeMy WebLinkAbout11-7416-f THE PRO THON"OTA P Richard B. Druby, Esquire Attorney I.D. 61904 Nestico, Druby & Hildabrand, PC 840 East Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 Attorneys for Plaintiff ARIEL KLEIN, Plaintiff V. TODD C. ECKENRODE, Coroner Defendant SEP 27 PFD 1: ?s.JMBERLAN0 Ct U I rj. PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. I CIVIL ACTION - LAW AND EQUITY EMERGENCY PETITION FOR RELEASE OF BLOOD SAMPLES FOR PATERNITY TESTING 1. Plaintiff, Ariel Klein (hereinafter "mother"), is an adult individual residing at 116 Yellow Breeches Drive, Camp Hill, PA 17011. 2. Defendant, Todd C. Eckenrode, is the Coroner of Cumberland County (hereinafter "Coroner") whose business address is 6375 Basehore Road, Suite 1, Mechanicsburg, PA 17050. 3. Mother is the parent of a minor child, Lilian Rose Bennett (hereinafter "Minor Child"), born on August 16, 2011, out of wedlock. 4. Alan-Michael Warner Simmons (hereinafter "Putative Father") was an adult individual last residing at the Cumberland County Prison, 101 Claremont Road, Carlisle, PA 17015. 5. Mother purports that Putative Father is the natural father of the Minor Child. ? x04, c 7 ?w S 6. Putative Father committed suicide on September 17, 2011 while incarcerated at the Cumberland County Prison. 7. Paternity for the Minor Child was not established prior to Putative Father's death and Putative Father was not listed on the Minor Child's birth certificate. 8. Pennsylvania law is clear that "If a blood sample of the deceased putative father is available for testing, which might conclusively eliminate him as father or be used as some evidence of paternity, it is a relevant factor which should not be withheld from testing in order to facilitate the resolution on the issue of paternity since that form of proof does not compromise any state interests." Estate of Greenwood, 402 Pa.Super. 536, 587 A.2d 749 (1991). 9. Furthermore, public policy is in favor of eliminating the stigma of illegitimacy. See Wawrykow v. Simonich, 652 A.2d 843 (Pa.Super. 1994). Accordingly, Minor Child has the right to know conclusively whether Putative Father is, in fact, her father. 10. Moreover, Mother has reasonable belief that the Minor Child will be entitled to benefits, including Social Security benefits, through Putative Father. However, proof of paternity must be established in order for the Minor Child to receive said benefits. 11. Mother believes and therefore avers that Coroner has vials of Putative Father's blood in his possession and control as the Coroner performed an autopsy on Putative Father. 12. Mother believes and therefore avers that it is in the best interest of the Minor Child to prove her paternity. 2 13. Therefore, Mother seeks an Order of this Court compelling the Coroner to release the Putative Father's blood to Orchid Cellmark 5698 Springboro Pike, Dayton, OH 45449 or another certified lab selected by Plaintiff for the purposes of paternity testing. 14. Mother agrees to pay the costs for said paternity testing. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order compelling the Cumberland County Coroner to retain any and all blood samples of Alan- Michael Warner Simmons in its possession and control. Further, Plaintiff requests that this Honorable Court enter an Order that the Coroner is to release said samples to Orchid Cellmark 5698 Springboro Pike, Dayton, OH 45449 or another certified lab selected by Plaintiff for the purposes of paternity testing. Respectfully Submitted. P.C. dchard B. Druby, sq re Attorney I.D. 6190 Nestico, Druby & Hildabrand, PC 840 East Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 Attorneys for Plaintiff VERIFICATION I, Ariel Klein, 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 herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: l Ane Klein 4 CERTIFICATE OF SERVICE I, Richard B. Druby, of the law firm of Nestico, Druby & Hildabrand, P.C., hereby certify that on the 27 h day of September, 2011, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Todd C. Eckenrode Cumberland County Coroner 6375 Basehore Road Suite 1 Mechanicsburg, PA 17050 Date: l 12, ?