Swartzwelder v. Edmonds

Opinion,

Notwithstanding our decision in Jones v. Department of Health, 8 Pa. Commonwealth Ct. 687, 305 A.2d 54 (1973), narrowly circumscribing our jurisdiction with respect to actions in mandamus brought against the Pennsylvania Department of Health to alter, amend or modify birth certificates, such causes of action continue to be filed in this Court and the Department continues its long standing practice of not answering or otherwise pleading to the complaint, which in turn produces a motion for summary judgment by plaintiff praying that the Court order the requested birth certificate…