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Home My WebLink About14-0694 IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN& S3 ELISE CYNTHIA MECK A minor child NO. CIVIL ACTION LAW ) PETITION TO AMEND RECORD OF BIRTH E AND NOW comes the Petitioner, Michelle L. Mansell, and respectfully requests this Honorable Court grant the following relief, and in furtherance thereto avers the following: 1. The subject minor child is Elise Cynthia Meck, born April 17, 2009 in Dauphin County, Pennsylvania. 2. Petitioner, Michelle L. Mansell, formerly known as Michelle L. Meck, the natural mother of the subject minor child, is an adult individual currently residing at 42 Key Largo Drive, Carlisle, Cumberland County, Pennsylvania 17015. 3. Dean Howard McNaughton is identified as the father on the subject minor child's birth certificate, a copy of which is attached hereto and marked Exhibit "A ". 4. A DNA test performed on December 8, 2009 confirmed that Dean Howard McNaughton is not the biological father of the subject minor child. The DNA test confirmed that Charles D. Mansell is the biological father with a probability of 99.999 percent. A copy of the results from the DNA test is attached hereto and marked Exhibit "B ". 0 s H, /I V � 09 b k 20130,R 5. Michelle L. Mansell, Dean Howard McNaughton, and Charles D. Mansell all desire and consent to Dean Howard McNaughton's name being removed from the subject minor child's birth certificate. Affidavits are attached hereto and marked Exhibit "C ", Exhibit "D" and Exhibit "E ". 6. At the time of the subject minor child's birth, natural mother, Michelle L. Mansell was single. As well, she was single one year prior to the birth of the subject minor child. 7. On February 17, 2012, Michelle L. Mansell and Charles D. Mansell were married in Dauphin County, Pennsylvania. 8. Pursuant to 35 PS 450.603 and 35 PS 492, the Orphans Court division of the Court of Common Pleas in the State of Pennsylvania is empowered to amend the birth certificate upon good cause shown. 9. It is the desire of the parties that the subject minor child's birth certificate be amended to reflect the last name of "Mansell" so as to give the child the same name as her biological father, Charles D. Mansell, and her mother, Michelle L. Mansell. 10. There is no reason to keep the subject minor child's last name as "Meck" because that is the maiden name of her mother, Michelle L. Mansell. WHEREFORE Petitioner requests this Honorable Court issue an Order declaring Charles D. Mansell the father of the subject minor child and changing the child's name to Elise Cynthia Mansell. Date: a- (5 I Respectfully Submitted, THE LAW OFFICES OF SILLIKER & REINHOLD Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 I.D. No. 33671 (717) 671 -1500 Attorney for Petitioner AFFIDAVIT 1, / C ellg N1 Aereby certify that the aforegoing is 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. 4909 relating to unworn falsifications to authorities. Dated: r .: v.:Aha'•tr.. a a 4 _f:' Aga .'.;:; ?, "f;:ag �ya - �� v ,.p,•o.. „��., n.,vi^ g a�. � .a?, ve.6. � e4 �� n4... �` a J = FA` a x4I -. p`a 9' ii a 4� ��1 a 4. •' n e� �': A C � • F HEALTH IT VITAL RECORDS )) • C4 .: --r� �a �jr 't�l , , % lt,/ DATE FILE OF BIRTH April 17, 2009 NO 044768 -2009 COUNTY DATE i' • �',f OF BIRTH DAUPHIN FILED May 1 2009 `? DATE, ISSUED March 23, 2011 a NAME SEX FEMALE` *• ELISE CYNTHIA MECK FATHER'S NAME 1h, DEAN HOWARD MCNAUGHTON ' } MOTHER'S MAIDEN NAME MICHELLE LEE MECK �• �,,n�p�TH OF PAy .o- a, C 4 �\ This is to certify that this is a true copy of the record which is on file in the Pennsylvania � i a O'Re� MatthSw � +I ��I�JEN 1 0 ��" 1'1, /�� Department of Health. in accordance with the Vital Statistics Law of 1953, as amended Acting State Registrar �iiiiiigi��d /U�f� H105 105 1 VV Rev. 1 1' WARNING: DO DOCUMENT IS PRINTED ON SECURITY WATERMARKED PAPER ' 10 O DO NOT ACCEPT WITHOUT VERIFYING THE PRESENCE OF THE WATERMARK. EXHIBIT A � a AABB1IS017025 jS® NA �y Accredited Parentage Testing racitity 1rslwc turn General Genetics The use of these results to clinical Diagnostic purposes 1 Cory Results of DNA Analysis (Non- Legally Binding) MSC3ARP, Box 30001 strictly prohibited. The Po 16 System Is ■ registered Los Cruces, Now Mexico trademark of Promegs corporation. Photo ID's for the persons submitting these samples were not verified by witness. (575) 646 -3465 <ORIGINAL SIGNED REPORT 1N COLOR> diwd Identification: Charles MsrsNI OID: AM12177 Report Release Date: 12n8r2009 NLB ANA IMV3. Page 1 of 1 Sample Source: Mother (other) Chia (roars) rather (Alleged) g Name: Michelle L Mock FJise C. Meek Charles D. Mansell 3r Racial Database used: Caucasian- American Caucasian - American Csucesion- American o z c a Dote Colleeled: December 6 2009 December 0 20M December 8 2009 E STR Lows Allele R e Alleles Called Alleles Celled Alleles Called w n 00 1 1 - 14 16 14 15 15 116 1.890 Hill (4-132) 7 9.3 8 9.3 8 93 OK 4.300 1511 - 24.38 28 30 28 31 - 30 31 OK 9556 18551 (8 -27 _ 14 15 i 14- 24 16 21 OK 33.333 ante E (5-24) 7 12 12 17 10 17 OK 10.118 t8 -16 it it if 13 K 1.3&1 13S317 (7 -fi ) 12 13 13 it 13 OK 5.321 7S620 (6 - 14Y e 9 6 6 9 K 5.432 165539 -15 ) 13 12 13 t2 13 OK 1.386 FiPO 6- M 10 it 10 f0 OK 3.333 D CL2 -17 10 13 T7 13 if 14 'OK 3.373 arlit XX - WA WA vWA 10.22 . 17 - 20 - : 16 -20 - is OK -CM — D8S1179 7 -18 14 14 14 15 OK 2688 PDX (6-13) 6 0 9 9 OK 9.556 FGA 16.462 21 22 - 22 24 24 - 27 3.822 F USED USED T USED T USED T USED T USED T USED Batch m &; 0311130IF11 lWable verris: stns- ant warts section for e ormat Statement of Results: Alleged relationship is not excluded. Based on the DNA anslysis, the alleged Father, Charles D. Mansell, cannot be excluded as the biological Fathom of the Child, Elise C. Meth, because they share genotic markers. Of the genotic identity systems tested, 15 of 15 match. (99199999953285% of the Caucasian- Amaricon mate population is excluded from the possibility of being the biological Father). The probability of the stated relationship Is indicated below, as compered with an unrested, unrelated Caucasian - American male. Anslyses, with the exception of sample collection, were conducted in accordance with the Standards for PCR DNA sneysis sat forth by the AABB. Statistical Results: Combined Direct Index 4,38111,671,243 ......... Probabllity d 99.999989177115% Prior Probability - 0.50. ........ _'wiwniConstimn . Comments: For legal andfor cualtody ca»s documentation of Informed Consent Notification and Sample Chain of Custody are lncludsd with this report. DNA fn pliflod with PowsrPMxIll 16 Syetom sing the A131 PRISMS 3130x1 Garwtic Anslyaw and anelyi sd with GeraMappalill ID Softwom 'Exclusion Status: OK r (Alleged) allele(s) c nflistark with (Focus) Male(,). Tasting performed b Incorporated, a division of Gerwol Genetics CarporallwL GTL Is an AABS, AZ A and 1SID 17025.2005 Accredited Fficl1Ry. Go to > hftp:// www .gtidna.com /interpretation.htmi < for assistance with the interpretation of this report. Thank you for using our services! If you ordered a hardcopy, it will be dispatched In 48 to 72 hours. D:Wuality SystemlLeb DowmenrsWeportstR -Wl REV -7 CHG -0.doc Record Consists of 1 Page EXHIBIT R �' IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ELISE CYNTHIA MECK A minor child ORPHANS COURT DIVISION NO. AFFIDAVIT The undersigned, Michelle L. Mansell, an adult individual currently residing at 42 Key Largo Drive, Carlisle, Cumberland County, Pennsylvania hereby voluntarily sets forth the following: 1. 1 am the natural mother of the subject minor child, Elise Cynthia Meck, born April 17, 2009. 2. I fully consent and otherwise ask that this Honorable Court amend the subject minor child's birth certificate so as to reflect that the natural father of the child is Charles D. Mansell. 3. The father listed on the birth certificate, Dean Howard McNaughton is not the actual father pursuant to a paternity test that was subsequently performed. I hereby make this statement voluntarily, of my own free, fully understanding the consequences hereto. Z < Witness Date Michelle L s Date EXHIBIT s ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF DAUPHIN On this - L fy -k day of , 2014, before me, a Notary Public, the undersigned officer, personally appeared Michelle L. Mansell, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. a Notary Public COMMONWEA OF PENNSYLVANI NOTARIAL SEAL RENEE DREiSBACH, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires November 30, 2014 IN RE: 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ELISE CYNTHIA MECK A minor child ORPHANS COURT DIVISION NO. AFFIDAVIT The undersigned, Dean Howard McNaughton, an adult individual with a current mailing address of P.O. Box 76, Grantville, Dauphin County, Pennsylvania, 17028, hereby voluntarily sets forth the following: 1. I am listed on the birth certificate as the father of the subject minor child, Elise Cynthia Meck, born April 17, 2009. However, I am not the actual father pursuant to a paternity test that was subsequently performed. 2. I fully consent and otherwise ask that this Honorable Court amend the subject minor child's birth certificate so as to reflect that the natural father of the child is Charles D. Mansell. I hereby make this statement voluntarily, of my own free, fully understanding the consequences hereto. itness Date bean Howard MA4aughton Date EXHIBIT K � ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF On this � 7 day of ?( , 2013, before me, a Notary Public, the undersigned officer, personally appeared Dean Howard McNaughton, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. Notary Public COMMONW OF PENNS YLVANIA NOTARIAL SEAL RENEE DREISBACH, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires November 30, 2014 IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ELISE CYNTHIA MECK A minor child ORPHANS COURT DIVISION NO. AFFIDAVIT The undersigned, Charles D. Mansell, an adult individual currently residing at 42 Key Largo Drive, Carlisle, Cumberland County, Pennsylvania hereby voluntarily sets forth the following: 1. I am the natural father of the subject minor child, Elise Cynthia Meck, born April 17, 2009. 2. I fully consent and otherwise ask that this Honorable Court amend the subject minor child's birth certificate so as to reflect that the natural father of the child is Charles D. Mansell. 3. The father listed on the birth certificate, Dean Howard McNaughton is not the actual father pursuant to a paternity test that was subsequently performed. I hereby make this statement voluntarily, of my own free, fully understanding the consequences hereto. Wi Date Charles D. Mansell Date EXHIBIT M rz st ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF DAUPHIN On this qy fA day of , 2014, before me, a Notary Public, the undersigned officer, personally appeared C arles D. Mansell, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. Notary Public MVj9ALT OF P ENNSYLVANIA NOTARIAL SEAL RENEE DREISBACH, Notary Public Lower Paxton Twp., Dauphin County Gommlbalon Expires November 30, 2014- IN RE: ELISE CYNTHIA MECK, a minor child j( 1 . �I Its nizt 1, 11 of TA Count)of(umbertaab IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 14-0694 CIVIL ACTION IN RE: PETITION TO AMEND RECORD OF BIRTH ORDER OF COURT AND NOW, this?day of February 2013, upon consideration of the Petition to Amend Record of Birth, a RULE is issued upon Petitioner to show cause why this matter should not be dismissed. Petitioner should state why the matter was filed with the Prothonotary rather than the Clerk of Orphans' Court and why thematter should be permitted to proceed in Cumberland County when the child was born in Dauphin County, both in contravention of 35 P.S. § 491 which states that "[a]ny person ... whose record of birth is incomplete or incorrect, may have a record of his birth ... corrected in the office of the clerk of the orphans' court of the county in which he was born by presenting a petition to set orphans' court, alleging ... that said record is incomplete or incorrect." RULE RETURNABLE twenty (20) days from the date of service. • - , Thomas A. Placey B .J rel . DDi tribution: —1•1 ` ✓Mark T. Silliker, Esq. ,,w'�;■ - can Howard McNaughton r- Court Administrator eop i°c8 P2441.6.4_, c: aht./Pf IN RE: ELISE CYNTHIA MECK : IN THE COURT OF COMMON PLEAS .73 : CUMBERLAND COUNTY, PENNSYLVAL,: A minor child : NO. 14-694 CIVIL : CIVIL ACTION - LAW RESPONSE TO RULE TO SHOW CAUSE AND NOW comes Mark T. Silliker, attorney for the Petitioner, Michelle L. Mansell, and in response to the Rule to Show Cause issued by this Honorable Court on February 25, 2014, respectfully sets forth the following: 1. The undersigned counsel was mistaken in the filing of this Petition to the extent that he generally followed the rules associated with a name change. This was in error. 2. Based on the aforegoing, this Honorable Court issued a Rule to Show Cause asking why the Petition should not be dismissed. 3. It is respectfully averred that the Petition was filed in error, and it should be dismissed. Therefore, it is requested that this action be withdrawn. Petitioner will then re-file the Petition in Dauphin County, the county of the child's birth. 4. Petitioner would respectfully request that this Honorable Court allow him to retrieve several documents that were in the original filing. Specifically, Petitioner respectfully requests this Honorable Court allow him to retrieve from the Prothonotary's office the original Birth Certificate and the original Affidavits signed by Dean Howard McNaughton, Michelle L. Mansell, and Charles D. Mansell. Mr. McNaughton is listed as the father on the Birth Certificate, but for reasons set forth in the Petition, he is not the actual father. 5. Attorney Mark T. Silliker has discussed this matter with the Prothonotary's office and they advised that they could not relinquish original documents from their file. However, personnel also stated that they would be happy to do so with a Court Order directing them to do so. 6. Counsel will substitute copies of the documents in question in return for the originals. 7. It would not appear that there would be any prejudice to any individual should the requested relief be granted, particularly given the fact that this matter will be dismissed and/or withdrawn. WHEREFORE, counsel for Petitioner would respectfully request this Honorable Court allow him to withdraw the Petition to Amend Record of Birth and have it otherwise dismissed with prejudice. Likewise, counsel for Petitioner also requests this Honorable Court sign an Order directing the Prothonotary to allow him to retrieve the original Birth Certificate and the original Affidavits of Dean Howard McNaughton, Michelle L. Mansell, and Charles D. Mansell, being sure to substitute copies in their place. Date: � ? / G Respectfully Submitted, THE LAW OFFICES OF SILLIKER & REINHOLD Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671 -1500 I.D. No. 33671 IN RE: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ELISE CYNTHIA MECK A minor child : NO. 14 -694 CIVIL : CIVIL ACTION - LAW AFFIDAVIT Subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, I, Mark T. Silliker, Esquire, declare that I am the attorney for the above - captioned matter; that I am authorized to make this verification; that the facts set forth in the aforegoing Response to Rule to Show Cause are based upon information supplied to me by my client and upon my own knowledge which I believe to be true and correct. Date: 11, ark T. Silliker, Esquire IN RE: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ELISE CYNTHIA MECK A minor child : NO. 14 -694 CIVIL : CIVIL ACTION - LAW AND NOW, this ORDER OF COURT day of , 2014,- based'upon the aforegoing Response to Rule to Show Cause, IT IS HEREBY ORDERED AND DECREED as follows: 1. Petitioner is allowed to withdraw the Petition and this matter is otherwise dismissed with prejudice. 2. The Cumberland County Prothonotary is directly to provide Attorney Mark T. Silliker with the original Birth Certificate and original Affidavits signed by Dean Howard McNaughton, Michelle L. Mansell, and Charles D. Mansell. The Honorable Thomas A. Placey //Distribution: ✓ .-ark T. Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 ..../Dean Howard McNaughton, P.O. Box 76, Grantville, PA 17028 ev r er /12.4t L L /q//1(