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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, ✓— c a rn J Jn rfizo King p --0 Ma 7j; 73 Register of Wills & Clerk of the Orphans' Court rn� r"-- —1 ° rri m � m cn av JMK/ajm o c -n f r- rn Cn cn 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 °a r-j AA086SO 1ID?5 A.c ,(c va MATA - iasllnO Fatlllly V• n.rc�dw fiwlYN YisnNitt C4du p � � Resul#5 of DNA Analysis (Non-Legally Binding) 11epARP,90[a09U1 «INY VAMtlW. TM PoY'rPka!t6 9Y.bg 4 a ept Lu Cn.,ft.W.kO M1pkm.N Ol Rprcpf Cpppnlm. 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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 ..,.,,..�::.M•..:.....wEyix,.x-;a..;.....tz�,.-�..,.,.A!.:...,:_..PV..S:,..w�nr.«.»...�:.7nr..n .-..e,.•,�.+;:nsw z.-ea,.s,..�.++.-,:%-x �a. +} �: 'a._: ...,.,.}'E-...w-.w F.1a'"rt°�.s k '"^, - 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