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HomeMy WebLinkAbout02-0412IN RE: * IN THE COURT OF COMMON PLEAS ROBERTC. SMITH, * CUMBERLAND COUNTY, *PENNSYLVANIA No. C :Z- TARYN M, CRALEY, PETITIONERS. * CIVIL ACTION - LAW PETITION TO CHANGE MINOR CHILD'S NAME AND THE NAME OF THE FATHER ON THE CHILD'S BIRTH CERTIFICATE COME NOW, the Petitioners, ROBERT C. SMITH and TARYN M. CRALEY, by and through counsel, file this Petition to Change Minor Child's Name and the Name of the Father on the Child's Birth Certificate, on behalf of their minor child, and aver in support thereof as follows: 1. Petitioner is Robert C. Smith, who resides at 1705 Chatham Road, Camp Hill, Cumberland County, Pennsylvania. 2. Petitioner has resided at the following addresses for the five years previous to filing this petition: 1705 Chatham Road, Camp Hill, Cumberland County, Pennsylvania 2/2001-present 1701 Taxville Road, York, York County, Pennsylvania 9/2000-2/2001 5056 Lancaster Street, Harrisburg, Dauphin County, Pennsylvania2/2000-9/2000 380 Edgeboro Drive, Manchester, York County, Pennsylvania 1996-2/2000 Petitioner is joined by Taryn M. Craley (hereinafter referred to as "Taryn Craley"), the Natural Mother of Timothy Craley, who resides at 1705 Chatham Road, Camp Hill, Cumberland County, Pennsylvania. 4. Taryn Craley has resided at the following addresses for the five years previous to filing this petition: 1705 Chatham Road, Camp Hill, Cumberland County, Pennsylvania 1701 Taxville Road, York, York County, Pennsylvania 370 Edgeboro Drive, Manchester, York County, Pennsylvania 5. Timothy J. Craley, born May 4, 2000, addresses with the following people: 2/2001 -present 9/2000-2/2001 ? -9/2000 has resided since his birth at the following 1705 Chatham Road, Camp Hill, Cumberland County, Pennsylvania 2/2001-present with Taryn Craley, Robert C. Smith, Jacob and Joshua Craley 1701 Taxville Road, York, York County, Pennsylvania 9/2000-2/2001 with Taryn Craley, Robert C. Smith, Jacob and Joshua Craley 370 Edgeboro Drive, Manchester, York County, Pennsylvania 5/2000 -9/2000 with Taryn Craley, Matthew G. Craley, Jacob and Joshua Craley 6. Petitioners desire and intend to change the name of Timothy J. Craley to Timothy J. Smith, and to amend the child's birth certificate to name Robert C. Smith as the child's father. 7. The child, Timothy J. Craley, was born on May 4, 2000, while the child's Mother, Taryn Craley, was married to Matthew G. Craley, the presumptive father of the child. However, Petitioner, Robert C. Smith, is the Natural Father of Timothy J. Craley. 8. On May 31, 2000, a paternity test performed by Identigene showed that the probability that Petitioner Robert C. Smith is the Natural Father of Timothy J. Craley is 99.999%. (A true and accurate copy of the Paternity Test Report is attached hereto as Exhibit "A"). 9. On or about June 19, 2000, Robert C. Smith filed a Complaint in Custody, Robert C. Smith v. Tary_n M. Craley. in York County, Pennsylvania, No. 2000 SU 2949 03, whereby he listed the presumptive father, Matthew Craley, as an interested party. 10. On September 12, 2000, Taryn Craley and Robert Smith entered into a Stipulation For An Agreed Order of Custody whereby Taryn Craley and Robert C. Smith acknowledged Robert C. Smith as Timothy Craley's Natural Father. The Stipulation For An Agreed Order of Custody grants shared legal and physical custody to Robert C. Smith and Taryn Craley, with Taryn Craley having primary physical custody, and Robert C. Smith having partial physical custody. (A true and accurate copy of the Stipulation for An Agreed Order of Custody is attached hereto as Exhibit "B"). 11. After Timothy's birth Matthew Craley and Taryn Craley separated and are now divorced. (A true and accurate copy of their divorce decree is attached as Exhibit "C"). 12. Petitioner Robert Smith is also divorced. (A true and accurate copy of Petitioners divorce decree is attached as Exhibit "D"). 13. Robert Smith has remained actively interested in parenting Timothy Craley since his birth, and Taryn Craley and Robert C. Smith plan to marry and raise Timothy as a family. 14. Timothy Craley has been residing with Taryn M. Craley and Robert C. Smith at 1705 Chatham Road, Camp Hill, Cumberland County, Pennsylvania for the last eight (8) months. 15. Matthew Craley has not held the child out to the community as his own, and has not financially or emotionally supported the child or attempted to be a part of the child's life since his birth. Furthermore, Matthew Craley does not object to changing the child's name from Timothy J. Craley to Timothy J. Smith and would like his name removed as the father on the child's birth certificate, to be replaced with Robert C. Smith's name. See the attached Statement of Matthew G. Craley, Exhibit "E." 16. Since Timothy Craley's birth, Robert C. Smith supports the child, holds the child out as his own, and parents the child on a daily basis. Mr. Smith provides emotional and financial support for the minor child, Timothy, and is one of Timothy's primary nurturing parents. 17. The minor child is eighteen (18) months old and has only known Robert C. Smith as his Father. 18. It is in the best interests of the child to change the child's name from Timothy J. Craley to Timothy J. Smith, to allow the child to assume the surname of his Natural Father, and to change the child's birth records to name Robert C. Smith as the child's natural father. 19. The original birth certificate of Timothy James Craley is attached hereto as Exhibit "F," to be sent to Vital Statistics so that a new amended birth certificate can be issued. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter a decree changing Timothy J. Craley's name to Timothy J. Smith, and ordering that the name of the father on the child's birth certificate be changed to Robert C. Smith. Respectfully submitted, WEINTRAUB & ASSOCIATES Je~re 2650 North Third Street Harrisburg, Pennsylvania 17110 (717) 238-2200 ID # 87445 Attorney for Petitioners VERIFICATIONS I, Robert C. Smith, hereby verify that I am one of the petitioners herein, and as such, verify that the information contained in the petition is true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Robert C. Smith, Petitioner I, Taryn M. Craley, hereby verify that I am one of the petitioners herein, and as such, verify that the information contained in the petition is true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. ner ~ EXHIBIT "A" PATERNITY REPORT · OG~$: J48!7 REPORT DATE: 31 May 200(: RACE TARYN M. CRALEY CAUCASIAN TIMOTHY J. CRALEY ROBERT C. SMITH CAUCASIAN IDENUGENE DATE DRAWN 19 May 2000 19 May 2000 19 May 2000 D.AT~ RECEIVED 22 Play 2000 22 May 2000 22 May 2000 Alleles are reported as the number Df tandem copies of the basic repeat unit· · MOTHER CHILD ALLEGED FATHER PATEP. NITY INDEX D9S302 37.2 31 ~u ~ 40.2 37.2 31 34 3.46 i2 1" 12 13 13 13 ;.~ :! ~"~ 23 23 , . 35 26 26 .88 i3.07 D%,723~6 11 ' 14 11 14 3.60 719 11 12 : 12 12 13 " 13 .... :~ ..... 7..06 !0 10 10 ].2 11 " 67 LiPOL 10 11 12 ~:?? %1 1> 13 14.61 COMBINF, D PATERNITY INDEX : 2.~ 0,714 f ~'~ '.. ~ !~ P ~:ETAT I ON: T[~..~ ~?l]eged father, ROBERT C. SMITH, Dannot be excluded as beinc the ,~.:~:::',:,.~z' of the child, TIMOTHY J. C[g%LE{. Based on these data, th~ ~;::,L, babi]ity of paternity is 99. 999 % as compared to an untested .... ~d~;~m]y chosen man of the CAUCASI.~ population. (Prior Probability = 0.5) .At' .]east 99% of the male population is excluded from tke possibility of b~ing the biological father c,f the child, TIMOTHY J. CF~LEY. ~~Sworn to and subscribed before me ~z~a D. White, Ph.D. th-~s day o DNA LaboratOry Director ~ UY ~UISSION EXPIRES JJ ~::~ ~ubl~c , jj~ ~.~ h~ rrzs county, Texas 7400 Fannln. Suile 1250 ', Houslon, Texas 77054 · 713.798-95 l 3 or 1-800-DNA-TYpE · Fax: 713-798-9515 · wwv,'.ider'iigene cam U~ DNA Paternity Testing ..... ' ,,~.fi~NS: Mother and Alleged Father must complete white areas. Sample Colleclor must complete yellow areas. "*. ,,,,,~O'TH E R'S A,UTHORJZATION ',; , ' ' / 4't l~_L--(_.~.. _ agr,~e to have both my sample and my biological child's sample taken to establish the paternity of this child. I (~1,.'7~ _.. ., ,,-, Th:s fast is Ia determi!~e if is the biological father of this chilcl I confirm all informatioq o¢, this form is true and correct and the samples collected from me are correctly labeled. I understand that i! possible fathers'.in"a case are c os~ r(~latives then all possible fathers should be tested /<..--' , ./- . · - ~ ._~ · . .Z' ."/' ?'t-" > [] [] ASt^ CO LLE CTOe~EfTIFIOATION I ce~y ~at I have taken ~e frpm'the person named above ~vhose photo/thumbprint are oh the back of this form. ~..t f~: S~G~D ~ ~ V,'ITtJE~AMPLE CO~ECfO~ S S~GN~TU~E ~ COLLECTIO~I Sire . · .. , ,/ / ~ ~, - . CHILD'S INFORMATION '~ confirm all information on this form' is tree and correct and the SIGNATURE OF LEGAL GUARDIAN FOR MINOR CHILO samples collected from me are correctly labeled. I understand - '" ~ ,~ ~.~ "' .~" tt',;~ ff possik'~ fathers in a case are close'¢elatives, then all , '" . '..- / l.,',~ ~[';ssbfela[b'ssh°uldbetested' ~ .../~ (~' . /~_ ....... ' .......... ~% C OR'S CERTIFICATION / , ~ /- I ce,'tify that I have taken a sample from the person named abo~ whdse photo/thumbpr~p~re on t~e~acE'o[ this U 1' r_ St::~t~D ~ ~r~MP~ COLLECTO~ SIGNATUR~ ~ ~ COLLECT~ SITE "' ~ ~ . . ,, ~ .. . .' ' u ALLEGED FATHER'S AUTHORIZATION 4.7 agree to have my sample taken to establish the paternity of Ibis child. I confirm all information on this form is true and correct and the samples collected from me are correctly labeled. I understand that if possible fathers in a case are close re, rives, then all possible fathers should be tested. . ! .~ ..:.' '~; .-'" f' '".~ " ~n~ L~BLACK [--]ASIAN ! cedify that I have taken a sample from the person named above v.'l,.ose photo/thumbprint are on the back of this lorn FOR IDENTIGENE USE ONLY IDENTIGENE RECEIPT i,-':~., ~oE s~.~ ~ /,',~cx.~ ~r.~cr ~ I certify that I received specimens on the above individuals and saw no evidence J of' package tampering. t E-J EXHIBIT "B" LAW OFFICE EDWARD J. WEINTRAUB 2650 NORTH THIRD STREET HARRISBURG, PE. NN~YLVANI/~ 17110 (717) 238-2200 FAx (717) 238-9280 ROBERT C. SMITH, Plaintiff VS. TARYN M. CRALEY, Defendant IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO. 2000-SU-2949-03 CIVIL ACTION - LAW CUSTODY STIPULATION FOR AN AGRFFD ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree~as ~. follows: r, ~ .~. I, LEGAL CUSTODY ~ 1. The parties hereby agree to share legal custody of their minor child, Timothy J. Craley, born May 4, 2000. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatmqnt; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the child. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage her to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other par~.nt. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed medifications to the physical custody schedule, which may from time to time become - necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically resting at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be Mother's primary responsibility to provide Father with copies of report cards and all notifications of major school events. 9. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when she is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parties hereby acknowledge that they have discussed and jointly made the following decisions: a. The parties acknowledge that they each expect the child to attend college and post-high school training if he is a good student with a high probability of gaining entrance and succeeding in college. The parties agree that they shall each be actively involved in the selection of an appropriate post-high school education for the child\children and that the choice of any college or institution shall be mutually agreed upon by Father, Mother and the child, taking into consideration the parents' then financial ability and economic circumstances, and the child's needs, desires, talents and aptitudes for poSt-Iligh school education. II PHYSICAL CUSTODY The parents shall share physical custody of the child. Mother shall have primary physical custody. Father shall have partial physical custody per the following schedule: From zero (0) to six (6) months of the minor child's age, Father shall have three (3) weekly visits for two (2) hours supervised by Mother or a mutually acceptable third party at Mother's home, Father's home or a mutually agreeable location every Tuesday and Thursday and Saturday or Sunday, unless otherwise agreed upon by the parties. From seven (7) to twelve (12) months of the minor child's age, Father shall have three (3) weekly visits for three (3) hours every Tuesday and Thursday and Saturday or Sunday, unless otherwise agreed upon by the parties. From twelve (12) to twenty-four (24) months of minor child's age, Father shall have two (2) mid-week visits on Tuesdays and Thursdays from 5:00 p.m. to 8:00 p.m., unless otherwise agreed 10. 11. 12. upon by the parties. Father shall also have one overnight visit on Saturday at Noon until Sunday at Noon. All holidays during the minor child's age of zero (0) to twenty-four (24) months, shall be governed by the schedule outlined in paragraphs one through three, unless otherwise agreed upon by the parties. After the age of twenty-four (24) months, the parties shall alternate the holidays according to the schedule outlined in paragraphs seven through fourteen. From twenty-four (24) months on, Father shall have alternating weekends from Friday at 5:00 p.m. until Sunday at 6:00 p.m., unless otherwise agreed upon by the parties. Father shall continue to have two (2) mid-week visits every Tuesday and Thursday from 5:00 p.m. until 8:00 p.m. , unless otherwise agreed upon by the parties. The parties shall alternate Easter weekend beginning on the Thursday preceding Good Friday at 5:00 p.m. until Sunday at 6:00 p.m. beginning with Mother in 2002 and even years thereafter and with Father in odd years. The parties shall alternate the Thanksgiving holiday from the Wednesday preceding Thanksgiving at 6:00 p.m. until Sunday at 6:00 p.m. beginning with Father in 2002 and even years thereafter and with Mother in odd years. The parties shall alternate the Christmas holiday from December 24th at 3:00 p.m. until December 25th at 6:00 p.m. beginning with Father in 2002 and even years thereafter and with Mother in odd years. The parties shall alternate New Year's from December 31 st at 6:00 p.m. until New Year's Day, January 1st, at 6:00 p.m. beginning with Father in 2002 and even years thereafter and with Mother in odd years, the date on December 31 to determine the year. Father's Day weekend from 5:00 p.m. Friday until 8:00 p.m. Sunday with Father every year beginning in 2002. Mother's Day weekend from 7:00 p.m. Friday until 8:00 p.m. Sunday with Mother every year. 13. The parties shall alternate the Fourth of July holiday from July 3rd at 6:00 p.m. until July 4th at 10:00 p.m. beginning with Father in 2002 and even years thereafter and with Mother in odd years. 14. Between Memorial Day Weekend and Labor Day Weekend, Father shall have fourteen (14) days of summer vacation, to be taken in two (2) non-consecutive seven (7) day segments, beginning the Summer of 2001. Father shall provide Mother thirty (30) days written notice of his intent to exercise these periods of partial custody. 15. 16. 17. With respect to President's Day, Memorial Day, Labor Day, Martin Luther King Day, Columbus Day, Veterans Day, all of which occur on Monday, the parent having physical custody of the children during the immediately preceding weekend shall have physical custody on the holiday Monday until 8:00 p.m. Each parent shall h~ve physical custody of the children for attendance at family funerals, near death situations and at weddings with reasonable notice to the other parent. The holiday schedule shall supercede the parties' regular periods of custody. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the child and both parents. The parents are encouraged to place telephone calls to the child between 7:00 p.m. and 10:00 p.m. so as not to interfere with dinner or bedtime. The child shall be permitted free access to place calls to her parents at any time she desires. The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Mother's current residence in York County, Pennsylvania and Father's current residence in Dauphin County, Pennsylvania as well as upon Mother's proposed relocation to 'Ocean Cit~,, New Jersey. If Mother desires to establish a residence in Ocean City, New Jersey, Father shall not contest Mother's relocation and the parties' have agreed that the following modified physical custody schedule, shall apply immediately upon Mother's relocation and shall be incorporated into the terms of this Stipulation and replace only the physical custody portion of this Stipulation. The parties' agree they shall continue to share physical custody of the child. Mother shall continue to have primary physical custody. Father shall continue to have partial physical custody per the following schedule, unless otherwise agreed upon by the parties: 1. Father shall have two (2) weekends a month from Friday at 7:00 p.m. until Sunday at 7:00 p.m. Father shall provide Mother with forty-eight (48) hours notice of his intention to exercise these periods of partial custody. One mid-week visit, should Father be in the New Jersey area or should Mother be in the Dauphin or York County areas, day and times to be mutually agreed upon by the parties. Alternate the Thanksgiving holiday from the Wednesday preceding Thanksgiving Day at 7:00 p.m. until Sunday at 7:00 p.m. Christmas Vacation shall be split in two segments. The first segment shall be from December 23rd at 7:00 p.m. until December 28th at 7:00 p.m., beginning with Mother. The second segment shall be from December 28th at 7:00 p.m. until January 2nd at 7:00 p.m., beginning with Father. The parties shall alternate segments thereafter, with Father having the first segment and Mother having the second segment. Alternate Easter weekend beginning on the Thursday preceding Good Friday at 7:00 p.m. until Easter Sunday at 7:00 p.m. Father's Day weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m. with Father every year. o 10. 11. 12. 13. Mother's Day weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m. with Mother every year. Alternate the Fourth of July holiday from July 3rd at 7:00 p.m. until July 4th at 11:00 p.m. Between Memorial Day Weekend and Labor Day weekend, Father shall have seven (7) weeks of summer vacation. Father shall provide Mother thirty (30) days written notice of his intent to exercise said periods of partial custody. With respect to President's Day, Memorial Day, Labor Day, Martin Luther King Day, Columbus Day, Veterans Day, all of which occur on Monday, the parent having physical custody of the children during the immediately preceding weekend shall have physical custody on the holiday Monday until 7:00 p.m. Each parent shall have physical custody of the child for attendance at family funerals, near death situations and at weddings with reasonable notice to the other parent.. The holiday schedule shall supersede the parties' regular periods of custody. The parties agree to share transportation during Father's custodial periods and shall designate a mutually agreed upon half-way point to execute the custodial exchanges. If Mother desires to relocate and establish a residence other than Ocean City, New Jersey, and Father desires to establish a residence other than his present residence, she or he shall give the other parent at least ninety (90) days written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event the parties are unable to reach an agreement, the Court of Common Pleas of York County shall retain jurisdiction. This Stipula.tion sh_all/b~ ~ntered as an Order of the Court. Robert' C. ~m~h/, Pla'mt'r~f'" Tonia M. Torquato, I~quire- Atl;qrney for Plaintiff Date: Richard K. Renn, J. EXHIBIT "C" In The Court Of Common Pleas of York County, Pennsylvania MATTHEW CRALEY, Plaintiff V. TARYN M. CRALEY, Defendant No. 2000-SU-04652-02D Divorce DIVORCE DECREE A~YDNOW, TOWIT, this c~dayof ~'~tAf, ~ 2001,theCourt, by virtue of the authority vested in the Court by the law of e Commonwealth, decrees that MATTHEW CRALEY and TARYN M. CRALEY are divorced from the bonds of matrimony, and all duties, fights, and claims accorded to either party at any time heretofore as a result of their marriage, are hereby terminated and that each party is at liberty to marry again as if neither had been previously married. It is further ordered and decreed, pursuant to Pennsylvania Divorce Code, Section 23 Pa.C.S.A. §3101 et seq. and Pa.R.C.P. 1920.1 et seq., that the terms and conditions of a certain A~'eement made between the parties dated Date, attached hereto and made a part hereof, and in accordance with Paragraph 20, Page 6, of said Agreement, "The parties agree that at the option of either party, the terms of this Agreement may be incorporated, but not merged, into any divorce decree.which may be entered with respect to them." The court retains jurisdiction for the purposes of insuring performance, compliance with, and enforcement of the terms of the said Agreement. BY THE COUP, T: ~,~ Stacia N. Gates, Prothonotary CERTIFIED from the records of the Cour~ of Common Pleas of York County, Penu~. ,va~, Stacia N. Gates, Prothonotary EXHIBIT "D" RAYDEAN SMITH, Plaintiff V. ROBERT CHARLES SMITH, Defendant : IN THE COURT OF COMMON PLEAS : YORK COUNTY, PENNSYLVANIA : : No. 2000 SU 03173-02D+C : : CIVIL ACTION - LAW : IN DIVORCE DECREE IN DIVORCE AND NOW, ,2001, it is oraered and decreed that Plaintiff, RayDean Smith, and Defendant, Robert Charles Smith, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for whick a final order has not yet been entered: None. IT IS FURTHER ORDERED, that the terms, conditions and covenants set forth in the written Marital Settlement Agreement made and entered into by the parties on May 21, 2001, are incorporated into this Decree by reference thereto, but not merged into this Decree. BY THE COURT: - I .... JUDOE~,_J CERTIFIED PROTHONOTARY EXHIBIT "E" IN RE: ROBERT C. SMITH, AND TARYN M. CRALEY, PETITIONERS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW STATEMENT OF MATTHEW G. CRALEY I, Matthew G. Craley, age 32, residing at 735 Market Street, Mt. Wolf, Pennsylvania, 17347, was married to Taryn M. Craley. Three (3) children were bom during the marriage: Jacob Craley, bom September 4, 1996, Joshua Craley, born August 8, 1998, and Timothy James Craley, born May 4, 2000. Soon after Timothy Craley's birth Taryn Craley and I separated and were subsequently divorced on January 29, 2001 in the Court of Common Pleas of York County, Pennsylvania. I do hereby aver that I am not the biological father of Timothy James Craley (also referred to as "the child"), born May 4, 2000, although I was married to the child's mother at the time of his birth and my name is listed as the father on Timothy Craley's birth certificate. The child was conceived in and extra-marital relationship between Taryn M. Craley and Robert C. Smith. I hereby consent to the removal of my name as the father on the birth certificate of Timothy J. Craley, born May 5, 2000, and to the changing of Timothy James Craley's name to Timothy James Smith. I understand that Robert C. Smith will be listed hereafter as the child's father on the child's birth certificate. I understand that by signing this consent I indicate my intent to pe~f-~anently give up all rights to this child. I understand I may not revoke this consent after a court has entered a decree allowing the child's birth certificate to be amended reflecting Robert C. Smith as the child's father. I hereby voluntarily and unconditionally waive the right to further notice of this matter. I have read and understand the above and I am signing it as a free and voluntary COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF : BEFORE ME, the undersigned authority, on this day of ~2~~, 2001, personally appeared Matthew G. Craley, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~ day of A~v'EfxT~-¢,f" ,2001. N~ar;y-Public in arid for th~ Commonwealth of PennsyIvaniat EXHIBIT "F" aTEo; 05-04-20'00 ~ 34!4020-2000 DATE ~Eo o~.ro~gooo YORK NAME TIMOTHY JA FATHERS MOTHERS MA] TARYN MAR TIMOTHY JAMES CRALEY 370 EDGEBORO DR MANCHESTER PA 17345 2780110 IN RE: ROBERT C. SMITH, AND TARYN M. CRALEY, PETITIONERS. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA CIVIL ACTION - LAW ORDER AND NOW, this 3J5'i' day of ~-~. ,2002, upon consideration of the Petition to Change Minor Child's Name and the Name of the Father on the Child's Birth Certificate, a hearing is set in this matter to be held in Courtroom ~ of the Cumberland County Courthouse, Carlisle, Cumberland '~O-4~ It ,2002 at l ~ ~G(,.) c~.m. for any and County, Pennsylvania on all interested persons to appear and show cause, if any, why the Petition for Name Change should not be granted. INRE: ROBERT C. SMITH, AND TARYN M. CRALEY, PETITIONERS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02.-412 CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMON~VEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. AND NOW, this 21 st day of Februa~, 2002 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Wendy L. Shive, who being duly sworn according to law, deposes and says that on February 4, 2002, she mailed a certified copy the Petition to Change Minor Child's Name and the Name of the Father on the Child's Birth Certificate and attached Order by certified mail, return receipt requested, to Matthew Craley, 735 Market Street, Mt. Wolf, PA 17347, and the same was received by him on February 15, 2002 as indicated by the return receipt card which is attached hereto. ~end'~'y L~ive/ Sworn to and subscribed before me onthis ~1'y day of~, 2002.. Notary Public ' Notarial Seal Misty D. Lehman, Notary Publ c Harrisburg. Dauph n County My Commission Expires Aug. 2, 2004 1. /~le Addree~ed to: 2. /~l=le Number pS F°em 3811, .~gu~t 2e01 nm D. ~ d~y addme~ dfff~ent ~om Ite~ If YES, e~ter ~ivery addre~ b~ow: i-1 NO O Expre~ M~l r~ Reg~tered ~_ F~um r-I trl~u~d MaJI [] C.O.D. 4. Re.doted Deflve~? (E~m~ Fee) IN RE: ROBERT C. SMITH, AND TARYN M. CRALEY, PETITIONERS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-412 CIVIL ACTION - LAW ORDER AND NOW, this ~ day of ,2002, upon consideration of the Petition to Change Minor Child's Name, it is so ORDERED that the name of Timothy James Crayley, born May 4, 2000, shall be changed to Timothy James Smith. ~