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PA Bulletin, Doc. No. 03-218

THE COURTS

Title 252--ALLEGHENY COUNTY RULES

ALLEGHENY COUNTY

Rules of the Court of Common Pleas; No. 1 of 2003 Rules Doc.

[33 Pa.B. 757]

Order

   And Now, to-wit this 17th day of January, 2003, pursuant to action of the Board of Judges, the within new local Rules A505: Change of Name affecting the Civil, Orphans', and Family Divisions of the Court of Common Pleas is adopted, effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

ROBERT A. KELLY,   
President Judge

Local Rule A505 Change of Name of a Natural Person

   (a)  All proceedings for a change of name pursuant to 54 Pa.C.S. §§ 701--705 shall be brought in the Civil Division, except where an adoption proceeding is commenced in the Orphans' Court Division, in which case any change of name ancillary thereto shall be adjudicated by the Orphans' Court Division. In those cases in which an adoption has been concluded in any other court and the only judicial relief sought in Allegheny County is a change of name, the Petition shall be filed in the Civil Division.

   ACBA Court Rules Committee Note: See 23 Pa.C.S. § 2904. See also Supreme Court Orphans' Court Rule 15.5(e) where the adopted person has attained majority.

   (b)  All such proceedings shall be commenced by a Petition which shall be presented to the Motions Judge.

   (c)  The Petition shall include the following:

   (1)  the Petitioner's name and complete residential address (Where the person whose name is sought to be changed is a minor, the Petition shall be brought in the name of the minor by the parent(s) or legal guardian(s) of the minor. Where the Petitioner is a married person, the Petitioner's spouse may join as a party Petitioner. Adult children of the Petitioner(s) may likewise join.); and

   ACBA Court Rules Committee Note: The averments and proofs required of the Petitioner are also required of the Petitioner's spouse and any adult children who join as Petitioners. Each and every Petitioner must be a resident of Allegheny County. See 54 Pa.C.S. § 702(a).

   (2)  the Petitioner's complete residential address(es) for and during a period of five years prior to the date of the filing of the Petition; and

   (3)  the Petitioner's proposed new name; and

   (4)  the reasons for the desired name change; and

   (5)  that the Petitioner has never been convicted of a felony or, if the Petitioner has been so convicted, that:

   (i)  at least two calendar years have elapsed from the date of completion of Petitioner's sentence and that the Petitioner is not subject to the probation or parole jurisdiction of any court, county probation agency or the Pennsylvania Board of Probation and Parole, or

   (ii)  the Petitioner has been pardoned.

   (6)  that the Petitioner has never been so convicted of any of the crimes itemized in 54 Pa.C.S. § 702(c)(2).

   (d)  The Petition shall contain two proposed Orders designated as follows:

   (1)  Order Setting Hearing Date pursuant to Local Rule A505 (hereinafter referred to as ''Hearing Order''); and

   (2)  Order Granting Change of Name.

   (e)  The Hearing Order shall include the following:

   (1)  that notice be given of the filing of the Petition and the date set for the hearing thereon which date shall be not less than ninety days nor more than one hundred twenty days therefrom; and

   (2)  that a copy of the Petition and Hearing Order be served by United States first class mail, postage prepaid, on any non-petitioning parent of a minor at said parent's last known address; and

   (3)  that Petitioner, through counsel, shall comply with the requirements of 54 Pa.C.S. § 702(b) relating to a determination by the Pennsylvania State Police that the Petitioner is not subject to the Criminal History Record Information Act, 18 Pa.C.S. §§ 9101 et seq., except where the Petitioner is seeking to:

   (i)  change the name of a minor in an adoption proceeding pursuant to 23 Pa.C.S. § 2904, or

   (ii)  resume a prior surname pursuant to 54 Pa.C.S. § 704 following the entry of a divorce decree, or

   (iii)  change the name of a minor child, pursuant to 54 Pa.C.S.A. § 703 (relating to effect on children); provided, however, that any Petitioner who is twelve (12) years of age or younger shall not be required to submit a set of fingerprints for the purpose of a name change hereunder. See 23 Pa.C.S.A. § 5105 (relating to fingerprinting of children).

   (f)  In those cases where the Petitioner is seeking to change the name of a minor and a parent files an objection to the Petition or appears to oppose the Petition, the case shall immediately be transferred to the Family Division for all further proceedings with respect to the minor's Petition. The transfer shall be accomplished by the Civil Division Motions Clerk sending the case to the Scheduling Clerk of the Family Division for scheduling as the Family Division's calendar permits.

   (g)  At the hearing, at which any objector to the granting of the Petition may appear and be heard, the Petitioner shall offer into evidence, inter alia, the following:

   (1)  the response by the Pennsylvania State Police, pursuant to 54 Pa.C.S. § 702(b); and

   (2)  the official searches of the proper offices of Allegheny County and the United States District Court for the Western District of Pennsylvania and of any other county and federal judicial district in which the Petitioner may have resided during a period of five years prior to the date of the filing of the Petition or, in lieu thereof, a certificate issued by an entity authorized by the Insurance Commissioner of the Commonwealth of Pennsylvania to issue policies of real estate title insurance, showing that there are no judgments or decrees of record or any other matter of like nature against the Petitioner; provided, however, that when the Petitioner has not attained his or her seventh birthday as of the date of filing the Petition, compliance with subsection (g)(2) shall not be required.

   (h)  Where the Petitioner has a prior conviction of a felony but is not barred by 54 Pa.C.S. § 702(c) from obtaining a judicial change of name, to enable the Court to comply with 54 Pa.C.S. § 702(b) and (c) and as a prerequisite to the entry of the Order Granting Change of Name, the Petitioner, at the hearing, shall provide the Court with envelopes affixed with sufficient postage and pre-addressed to the following:

Office of the Attorney General
Commonwealth of Pennsylvania
1600 Strawberry Square
Harrisburg, PA 17120

Central Repository
The Pennsylvania State Police
1800 Elmerton Avenue
Harrisburg, PA 17110
ATTN.:  Criminal History

The District Attorney of Allegheny County
Allegheny County Courthouse
Grant Street
Pittsburgh, PA 15291

[Pa.B. Doc. No. 03-218. Filed for public inspection February 7, 2003, 9:00 a.m.]


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