HomeMy WebLinkAbout05-05-14 ama�
f can Mar*0 King Dauphin County Courthouse
Register of`Wills and 101 ManketStreet
ck&of the Orphans'Court s i Room 103
Harrisburg,PA 1 71 01-2 080
Thomas P. Gacki Esquire Tet 717-780-6500
Solicitor
May 2, 2014
Lisa M. Grayson
Register of Wills and Clerk of Orphans' Court
1 Courthouse Square
Suite 102
Carlisle, PA 17013
IN RE: ELISE CYNTHIA MECK, AMEND BIRTH RECORD
DOCKET NO: 38-OC-2014
To The Honorable Lisa M. Grayson:
By Order of Transfer dated April 22, 2014, signed by the Honorable Todd Hoover,
President Judge in the Court of Common Pleas, Dauphin County, Pennsylvania, the file has been
transferred to the Cumberland County Orphans' Court in the Commonwealth of Pennsylvania.
Accordingly, copies of the docket entries and related documents are enclosed herewith. I
would appreciate return of the attached copy of this letter as acknowledgement of receipt and
acceptance of this file. Thank you for your attention in this matter.
Sincerely,
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Register of Wills & Clerk of the Orphans' Court rn� r"-- —1 °
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Dauphin Register of Wills & Clerk of Orphans' Court Date Printed:05 101/2014
DOCKET ENTRIES Page 1 of 1
CASE NUMBER: 38-OC-2014 CASE NAME: ELISE CYNTHIA MECK
DATE FILED # # Pa es DOCKET AND RELEVANT INFORMATION
04/17/2014 1 12 PETITION MISCELLANEOUS-OPENS NEW FILE
04/17/2014 2 1 PRAECIPE/REQUEST FOR ASSIGNMENT
04/22/2014 3 2 NON-ENTERTAINING ORDER
04/24/2014 4 1 CERTIFICATE OF MAILING
OF ORDER DATED 4-22-14
05/01/2014 5 1 CERTIFICATE OF SERVICE
HAND-DELIVERY OF ORIGINAL DOCUMENTS
END OF CASE INFORMATION
REGISTER OF AA71LLS AND CI ERI{ OF THE ORPHANS' COURT
JEAlN 1%4ARFIZO IONG
ROOD? 103, DAUPHIN COUNTY COURTHOUSE
HARRISBURG, PA 17101
(71.7) 780-6500
IN RE: ELISE CYNTHIA MECK IN THE COURT OF COMMON PLEAS
a Minor Child DAUPHIN COUNTY, PENNSYLVANIA
NO. 38 OC 2014
I��'f ORDER
AND NOW, this m day of April, 2014, the Petition to Amend Record of
Birth filed April 17, 2014 will not be entertained as Dauphin County lacks
jurisdiction over this matter. According to 20 Pa.C.S.A. § 711(9), in all matters in
which a petition is addressed to a court in connection with matters of birth
records, the filing of which petition is not in the nature of an appeal but is an
original proceeding, shall be filed and determined by the orphans' court division
of the county in which the petitioner resides. Since petitioner resides in
Cumberland County, the Register of Wills/Clerk of the Orphans' Court of Dauphin
County is directed to transfer this case to the the Register of Wills/Clerk of the
Orphans' Court of Cumberland County. Any applicable fees shall be paid by
petitioner.
BY THE COURT:
/, oZO6�
q50Q1- � �5
I here tify that the foregoing is a Todd A. Hoover, President Judge
true and) copy of the original
filed.
ister of wills and erk of Orphans' un
Distribution:
Mark T. Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112
IN RE: : IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
ELISE CYNTHIA MECK
A minor child : NO. J�— QC — told
: CIVIL ACTI.ON- LAW
PETITION TO AMEND RECORD OF BIRTH
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 Meek, a female child born April 17,
2009 in Harrisburg Hospital,Harrisburg, Dauphin County,Pennsylvania. The subject minor
child was born out of wedlock.
2. Petitioner,Michelle L. Mansell, the natural mother of the subject minor child,
is an adult individual currently residing at 42 Key Largo Drive, Carlisle, Cumberland County,
Pennsylvania 17015. The maiden name of Petitioner, Michelle L. Mansell is Michelle L. Meek.
She is an accounts receivable clerk, Caucasian, and was born in Harrisburg,Pennsylvania. She
currently has two children.
3. Charles D. Mansell is an adult individual currently residing at 42 Key Largo
Drive, Carlisle, Cumberland County,Pennsylvania 17015. He is warehouse loader, Caucasian,
and was born in Birmingham, Alabama. At the time of birth of the subject minor child,Elise
Cynthia Meek, he was 42 years of age.
Oyu
FIND
4. 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".
5. 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".
6. 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".
7. At the time of the subject minor child's birth, natural mother, Michelle L.
Mansell was single and 35 years of age. As well, she was single one year prior to the birth of the
subject minor child.
8. On February 17, 2012,Michelle L. Mansell and Charles D. Mansell were
married in Dauphin County,Pennsylvania. '
9. 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.
10. 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.
11. There is no reason to keep the subject minor child's last name as "heck"
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: 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
I, ji ilChP( 1P MCLi ereby 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:
.
EXHIBIT
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EXHIBIT
IN RE: IN THE COURT OF COMMON PLEAS
C'•6� 1VTl'COUNTY, PENNSYLVANIA
ELISE CYNTHIA NECK : —AA-U04W
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. I am the natural mother of the subject minor child,Elise Cynthia Meek, 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 -M W1 Date
EXHIBIT
8
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA .
SS:
COUNTY OF DAUPHIN
On this 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.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
RENEE DREISBACI- Notary Public
Lower Paxton Tory.,Dauphin County
My Commission Expires November 30,2014
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w� _
IN RE: 4, : IN THE COURT OF COMMON PLEAS
'. ELISE CYNTHIA ECK
A COUNTY, PENNSYLVANIA
M
A minor child ORPHANS COURT DIVISION
.AFFIDAVIT
n"
The undersi i gned,Dean Howard McNaughton, an adult individual with a current
mailing address of P O:Box 76 'Grants lle, Da phin'County, Peimsyly—"k 17028;'t ef8by
4
volintarly sets forth°the following:`
1. 1 am listed on'the,birth,certificate.as the,father;of the;subiect minor child, Elise
Cynthia Meck„*born April<17,42009, ;Howeygr,-J amanot,the actual;fathermursuant•to a paternity
test that was subsequently performed.
2. I fully consent and otherwise ask,that this Honoralbe.Court amend the subject
minor child's birth certificate so as to reflect that the naturkfather'of ih6 child is Charles D.
Mansell.
�5 2 ti
I hereby make this statement voluntarily, of myrown free,,fidly understanding the
consequences hereto.
-43 7 `�
fitness JJ/J�'�� Date can Howard M aughton Date
EXHIBIT
l 1
IN RE: : IN THE COURT OF COMMON PLEAS
OUNTY,PENNSYLVANIA
ELISE CYNTHIA NECK VM4-WIN
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.
V✓i Date Charles D. Mansell Date
EXHIBIT
M r is
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
On this (j?!:7 day of 2014,before me, a Notary
Public,the undersigned officer,personally appeared C azles 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
Q .ALTH OF PENNSYLVAMA
NOTARIAL SEAL
RENEE DRBISBACH,Notary Public
Low Paxton Twp.,Dauphin County
0®mmleslon Expires November 30,20.14
F ! DAUPHIN COUNTY
REQUEST FOR ASSIGNMENT COURTTiOFCOIMMONIPLEAS
ORPHANS' COURT ---- Effective: 1-2-13- ---
MATTERS
INSTRUCTIONS: THIS FORM SHALL BE FILED WHENEVER A FILE IS TO BE FORWARDED TO THE COURT. This
is only to be used for Orphans' Court matters and should not be used for Civil/Family law matters. If you want a
civil or family law matter assigned to a judge,you should file a Certificate of Readiness.
File the original of this form with the Clerk of the Orphans' Court. (Use reverse side if necessary.
DO NOT ABBREVIATE PARTIES.)
NAME OF CASE:
DOCKET NUMBER:
TITLE AND DATE OF FILING OF MATTER TO BE ASSIGNED: (BE SPECIFIC)
I ( V`
❑ A RULE TO SHOW CAUSE OR A CITATION IS REQUESTED AND IS ATTACHED TO THE PETITION.
❑ AN ANSWER OR RESPONSE HAS BEEN FILED AND THIS MATTER IS READY FOR A HEARING OR
DECISION. ANTICIPATED LENGTH OF HEARING OR ARGUMENT:
❑ A CONFERENCE IS REQUESTED WITH THE COURT.
-THE MATTER IS READY FOR HEARING ON THE PETITION. ANTICIPATED LENGTH OF HEARING: . .
%THE MATTER IS READY FOR DISPOSITION ON THE PETITION.
❑ ACCOUNTS: AUDIT IS READY FOR COURT REVIEW.
RELATED CASES: Please list the case name,docket number and assigned judge to any related case:
A-
CCA NSEL: (List names,addresses,telephone numbers and email addresses of all counsel)
/YI�t k 7 lam. � Ne
(7/7) 67i*6-zv
FILED
G LE6 as or" t HE t3 rt4V Jt
DAte Sig�o Listing Counsel or Pro Se Party
IN RE: ELISE CYNTHIA MECK : IN THE COURT OF COMMON PLEAS
a Minor Child : DAUPHIN COUNTY, PENNSYLVANIA
NO. 38 OC 2014
i._'�J ORDER
AND NOW, this� day of April, 2014, the Petition to Amend Record of
Birth filed April 17, 2014 will not be entertained as Dauphin County lacks
jurisdiction over this matter. According to 20 Pa.C.S.A. § 711(9), in all matters in
which a petition is addressed to a court in connection with matters of birth
records, the filing of which petition is not in the nature of an appeal but is an
original proceeding, shall be filed and determined by the orphans' court division
of the county in which the petitioner resides. Since petitioner resides in
Cumberland County, the Register of Wills/Clerk of the Orphans' Court of Dauphin
County is directed to transfer this case to the the Register of Wills/Clerk of the
Orphans' Court of Cumberland County. Any applicable fees shall be paid by
petitioner.
BY THE COURT:
Todd A. Hoover, President Judge
•31
�n
A,`:{>{) stritiw.tian: . �.:.�.
Mark T. Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112
IN RE: ELISE CYNTHIA MECK NO: 38-OC-2014
CERTIFICATE OF MAILING
1,Amanda J. Miller, do hereby certify that on April 24, 2014, 1 mailed a certified copy of the
ORDER dated April 22, 2014, by depositing the same by U.S. Mail, First Class Letter Rate, postage
prepaid addressed as follows:
MARK T.SILLIKER,ESQUIRE
5922 LINGLESTOWN ROAD
HARRISBURG PA 17112
April 24, 2014
Amanda J. Miller, " Depu
Orphans' Court Di ision
NAME: Elise Cynthia meek
38-OC-2014
CERTIFICATE OF SERVICE BY ELAND-DELIVERY
I do hereby acknowledge that I received the ORIGINAL BIRTH
CERTIFICATE and ORIGINAL AFFIDAVITS OF MOTHER and FATHER
NOTED ON BIRTH RECORD and AFFIDAVIT OF BIOLOGICAL FATHER
in the above-referenced matter from the Register of Wills/Clerk of the
Orphans' Court.
S' ure
Printed Name Date
Deputy Signat e D to