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HomeMy WebLinkAbout11-50741 31, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN RE: CHANGE OF NAME OF ZHAO YE: NO. C) C:: rv c, (7-Y "a -ca ? --i PETITION FOR CHANGE OF NAME , F TO THE HONORABLE, THE JUDGE OF SAID COURT: N d ? 15 The Petition of Zhao Ye, by Yunshan Ye (father of Zhao Ye), respectfully represents: ;C) 1. The petitioner is Zhao Ye, with a date of birth of March 10, 1997, and residing at X96 'r: Summit View, Carlisle PA 17013. 2. That petitioner has resided at the following address(es) du ring the five years preceding the filing of this Petition: 296 Summit View, Carlisle PA 17013 (2005-present) 3. The petitioner desires to change her name Zhao Ye to Joanna Zhao Ye for the following reasons: Joanna has been the name she uses on a daily basis since she moved from China to the US at age of 1 year and 7 months Her original Chinese name Zhao Ye is hard to pronounce for most people in the US 4. That there are no judgments or decrees of like character of record against the petitioner. 5. The petitioner has not been convicted of any felonies. WHEREFORE, Petitioner requests the Court, pursuant to the Act of December 16, 1982, P.L. 1309, No.295, &2, 54 Pa. Cons. Stat. Ann. &702, for the following: a. To fix a hearing on this Petition; b. To direct that notice be given on this Petition and hearing: and c. To enter a decree changing the petitioner's name from Zhao Ye to Joanna Zhao Ye. Petitioner #401.00 PA CASH 0,2&077? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN RE: CHANGE OF NAME OF ZHAO YE: NO. VERIFICATION I, Zhao Ye, verify that the statements made in this petition are true and correct to the best of my knowledge, information, and belief. I understand that the statements herein are made subject to the penalties of the 18 Pa. C.S. &4904 relating to unsworn falsifications to authorities. Petitio r - Signature Petitioner - Signature Date: 06/1 1 /z o( =zin -? c O C Z a goy c 0 ? r r ? m C= O S to z ti a m O >o 0 k` ?G K ` a ?n I t9 cn? • N O • (? Pt « • 0 N 01 W i % C 0 H C) U) O H O O F3 C) M til F3 0 ?C \ b y H m N H C ?N 'TJ KJ UHi O Ul rp k r J H O O x 0 0 z C1 n ?, H x • ? z b ?+ O Cf) z Ul y G C?7 4 N n H 1? ? cyan .JIC? ..-r .? .`? r y?? p?•, "?. $ ?, O . C" p hl EE C1?, El EE A% 7t O ?,. ] _ w Z app ?`? mC ° Ki o afF w5t v? y f , = $ 3ar Z tea n ' rjd ?s z r ?? o m z c4 v O H sJb;` ? ? 4 ?- L'I (n 1 ?, f l ,'y BSI ?• L'J T ;.; it . ISl y jN LTJ y }tl o = 1 4 o (B ® ? iv m Y r i z , o G`Dt va _® © z® u o « I YJ 3 --? ? f y « © _ -n a• ` ? t. `i -Ta El d tW bF ' EC- /, i S i a, \ O of n ri _ 2 m viCP vp c, o ra i3 "?NN/ ? `° o, ?, ? v c ? nom', •' ? ,. . --- .. i BIRTH CERTIFICATE (Translation) FULL NAME: Ye, Zhao GENDER: Female DATE- OF BIRTH: March 10, 1997 PLACE OF BIRTH: Xiantao, Hubci, P.R. China FULL NAME OF MOTHER: Zhao, Caiyun FULL NAME OF FATHER: Ye, Yunshan 1 certii?y that 1 aim fluent in the English and Chinese languages and that the above is a true ;ind accurate translation of the enclosed copy of Birth Certificate for Zhao Ye. SIOW(Ure; ` ?? Name:. L\,, K,h Daytime Phone: f- Address: _' v •f 6, t *?A,4LIPW ,FkpR W*A*L*3tf49g/.-T-v,(4?-r 013tX111Q';L- 4-01 to IM The Ministry of Foreign Affairs of the People's Republic of China requests all civil and military authorities of foreign countries to allow the bearer of this passport to pass freely and afford assistance in case of need. {n P; A", / Type jAibtf4 / Country Code / Passport No. PASSPORT P CHN 6 2 0 3 1 8 5 9 3 it/ Surname [1t/YE / Given names ZHAO tikN sea iS1 W /meturoy card rro. C/F N/A th t / oam o1 birth _ aj? JAA *' Place bf•birth - 10 MAR 1997 /IJ0BEZ it rt Q NJ / Date of issue {j At MV,/. Uate,oJ.ekpiry 01 AUG 2007 31 JUL 2012 1 A %A / Place of issue WVNEW YORK P O C H N Y E<<Z H A O «««««««««««««« <<< 6203185935 CHN9703108 F 12073121920USAB«««70 IN RE: PETITION FOR IN THE COURT OF COMMON PLEAS OF CHANGE OF NAME CUMBERLAND COUNTY, PENN&)(L Nt ZHAO YE NO. 11-5074 CIVIL ==rn ?E r:; z=r ? °? :? N , -<> rv ca'i C; IN RE: PETITION FOR CHANGE OF NAME C7, ORDER OF COURT ` r" AND NOW, this 22nd day of June, 2011, upon consideration of the Petition for Change of Name, IT IS HEREBY ORDERED AND DIRECTED that a hearing will be held on Thursday, October 20, 2011, at 10:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED that the Petitioner is directed to file notice of said Petition and the aforesaid date, time and place of the hearing be published once in the Cumberland Law Journal and a newspaper of general circulation in the County at least 10 days prior to the hearing; in addition, Petitioner shall comply with all other requirements of the C.C.R. P. 5, and 54 Pa. C.S. §701, 702. (See attached.) By the Court, N\1 ?-av M. L. Ebert, Jr., U J. ? Yunshan Ye Petitioner bas 54 Pa. C.S.A. § 701. Court approval required for change of name: (a) General rule. Except as set forth in subsection (b), it shall be unlawful for any person to assume a name different from the name by which such person is and has been known, unless such change in name is made pursuant to proceedings in court in accordance with subsection. (a.1). (a.1) Procedure. (1) An individual must file a petition in the court of common pleas of the county in which the individual resides. If a petitioner is married, the petitioner's spouse may join as a party petitioner, in which event, upon compliance with the provisions of this subsection, the spouse shall also be entitled to the benefits of this subsection. (2) The petition must set forth all of the following: (i) The intention to change the petitioner's name. (ii) The reason for the name change. (iii) The current residence of petitioner. (iv) Any residence of the petitioner for the five years prior to the date of the petition. (v) If the petitioner requests the court proceed under paragraph (3)(iii). (3) Upon filing of the petition, the court shall do all of the following: (i) Set a date for a hearing on the petition. The hearing shall be held not less than one month nor more than three months after the petition is filed. (ii) Except as provided in subparagraph (iii), by order, direct that notice be given of the filing of the petition and of the date set for the hearing on the petition and that the notice be treated as follows: (A) Published in two newspapers of general circulation in the county where the petitioner resides or a county contiguous to that county. One of the publications may be in the official paper for the publication of legal notices in the county. (B) Given to any nonpetitioning parent of a child whose name may be affected by the proceedings. (iii) If the court finds that the notice required in subparagraph (ii) would jeopardize the safety of the person seeking the name change or his or her child or ward, the notice required shall be waived by order of the court. Upon granting the request to waive any notice requirement, the court shall seal the file. In all cases filed under this paragraph, whether or not the name change petition is granted, there shall be no public access to any court record of the name change petition, proceeding or order, unless the name change is granted but the file is not sealed. The records shall only be opened by order of the court in which the petition was granted based upon a showing of good cause or at the applicant's request. (4) At the hearing, the following apply: (i) Any person having lawful objection to the change of name may appear and be heard, (ii) The petitioner must present to the court all of the following: (A) Proof of publication of the notice under paragraph (3)(ii) unless petitioner requested the court proceed under paragraph (3)(iii) and the court granted the request. (B) An official search of the proper offices of the county where petitioner resides and of any other county where petitioner has resided within five years prior to filing the petition showing that there are no judgments, decrees of record or other similar matters against the petitioner. This clause may be satisfied by a certificate given by a corporation authorized by law to make the search under this clause. (5) The court may enter a decree changing the name as petitioned if the court is satisfied after the hearing that there is no lawful objection to the granting of the petition. (b) Informal change of name. - Notwithstanding subsection (a), a person may at any time adopt and use any name if such name is used consistently, nonfraudulently and exclusively. The adoption of such name shall not, however, be in contravention of the prohibitions contained in section 702(c) (relating to change by order of court). 54 Pa.C.S.A. § 702. Change by order of court (a) General rule. - The court of common pleas of any county may by order change the name of any person resident in the county. (b) Procedure. - Prior to entry of an order of approval of change of name, all of the following shall apply. (1) The court must forward to the Pennsylvania State Police a duplicate copy of the application for change of name and a set of the person's fingerprints. The person applying for the change of name is responsible for costs under this paragraph. (2) The Pennsylvania State Police shall use the fingerprints to determine if the person is subject to 18 Pa.C.S. Ch. 91 (relating to criminal history record information). (3) The Pennsylvania State Police shall: (1) if the person is subject to 18 Pa.C.S. Ch. 91, note the name change on the person's criminal history record information; or (ii) if the person is not subject to 18 Pa.C.S. Ch. 91, destroy the fingerprints. (4) Within 60 days of receipt of the material under paragraph (1), the Pennsylvania State Police shall certify to the court what action has been taken under paragraph (3). (5) The procedure in this subsection shall not apply to proceedings involving: (i) An election to resume a prior surname pursuant to section 704 (relating to divorced person may resume prior name). (ii) Name changes involving minor children in adoption proceedings. (iii) A name change involving a minor child whose name is being changed pursuant to section 703 (relating to effect on children) or because of the change of name of the child's parent. (c) Convicted felons.- (1) The court may order a change of name for a person convicted of a felony, subject to provisions of paragraph (2), if- (i) at least two calendar years have elapsed from the date of completion of a person's sentence and that person 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 person has been pardoned (2) The court may not order a change of name for a person convicted of murder, voluntary manslaughter, rape, involuntary deviate sexual intercourse, statutory sexual assault, sexual assault, aggravated indecent assault, robbery as defined in 18 Pa.C.S. § 3701(a)(1)(1) (relating to robbery), aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault), arson as defined in 18 Pa.C.S. § 3301(a) (relating to arson and related offenses), kidnapping or robbery of a motor vehicle or criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed above or an equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense or an equivalent crime in another jurisdiction. (3) The court shall notify the Office of Attorney General, the Pennsylvania State Police and the office of the district attorney of the county in which the person resides when a change of name for a person convicted of a felony has been ordered. The Pennsylvania State Police, upon receipt of this notice, shall include the change of name information in the central repository as provided for in 18 Pa.C.S. Ch. 91 (relating to criminal history record information) Adopted October 6, 1973, effective October 15, 1978; amended April 29, 1983, effective June 1, 1983. RULE - APPLICABILITY Rule 3. The Cumberland County Rules of Procedure are applicable to the Court of Common Pleas, Civil Action - Law; Court of Common Pleas, Civil Action - Equity; Court of Common Pleas, Criminal; Court of Common Pleas, Orphans' unless otherwise provided. Adopted October 6, 1978, effective October 15, 1978. FOOTNOTES Rule 4. The footnotes in the rules are for information and shall not be considered as part of the rules. Adopted October 6, 1978, effective October 15, 1978. PETITION FOR NAME CHANGE: NOTICE Rule 5. Upon the filing of a petition for name change, the court shall enter an order directing that notice be given by the petitioner(s) of the filing of said petition and of the date set for the hearing thereon, which hearings shall not be less than one (1) month nor more than three (3) months after the filing of said petition, and said notice shall be: 1) Published in two newspapers of general circulation in said county or county contiguous thereto, one of which publications may be in the official paper for the publication of legal notices in said county. 2) Given to any non-petitioning parent of a child whose name may be affected by the proceedings. 3) Published or given, as the case may be, at least ten (10) days prior to the hearing. See the Act of December 16, 1982, P.L. 1309, No. 295, Section 6. Adopted November 17, 1992, effective February 1, 1993. Amended September 15, 1993. BUSINESS OF THE COURT, Rules 200 - 299 SP 4-198 (11-99) PENNSYLVANIA STATE POLICE CENTRAL REPOSITORY 1800 ELMERTON AVENUE HARRISBURG, PA 17110 717-783-3762 PROTHONOTARY CUMBERLAND CO COURTHOUSE 1 COURT HOUSE SQUARE 5?? (fib CARLISLE, PA 17013 DATE: Monday, June 27, RE: SID: NAME: YE C cz 3 Zrn r?- " .??1 z Ct 3 ? ? t1? Z'? A0' SOC: 170-84-7114 COURT DOCKET #: 11-5074 In accordance with the Name Change Act of 1998, the fingerprint cards of the above named individual, who has applied for a name change, has been searched in the files of the Pennsylvania State Police, Criminal Records and Identification Division Central Repository, and: (X) This person is not subject to 18 PA. C.S. Chapter 91, and the fingerprints have been destroyed. ( ) This person is subject to 18 PA C.S. Chapter 91, and the name change has been noted on the person's criminal history record information. ( ) A criminal record was revealed containing felony convictions. IN ACCORDANCE WITH THE NAME CHANGE ACT, THE COURT SHALL NOTIFY THE PENNSYLVANIA STATE POLICE WHEN A NAME CHANGE FOR A PERSON CONVICTED OF A FELONY HAS BEEN ORDERED. The Pennsylvania State Police, upon receipt of this notice, shall include the change of name information in the Central Repository as provided for in 18 PA C.S., Chapter 91 (relating to criminal history record information). ( ) This person has been convicted of felony violation(s) for which the court may not order a change of name. A criminal record was revealed that might prohibit a name change. Because the subsection(s) of the affected conviction(s) has not been provided to us, we are unable to determine whether a name change can or cannot be made. Please provide the subsection(s) of the following crime(s): if available. You are also advised that the above response is based on comparison of fingerprints and associated requester- furnished information against a name index and fingerprints contained in the files of the Pennsylvania State Police Central Repository - only - and does not preclude the existence of other criminal records which may be obtained in the repositories of other local, state, or federal criminal justice agencies. If we may be of any further assistance to you concerning this matter, please contact us at the above address or telephone number. in ly, Director, C nal Records and Identi ation Division Sq. ^1 m r- -a m C7 v S c:) Q -'rt C: )m A IN RE: PETITION FOR IN THE COURT OF COMMON PLEAS OF CHANGE OF NAME CUMBERLAND COUNTY, PENNSYLVANIA ZHAO YE : NO. 11-5074 CIVIL IN RE: PETITION FOR CHANGE OF NAME ORDER OF COURT AND NOW, this 20th day of October, 2011, upon consideration of the Petition for Change of Name, and it appearing that there is no lawful objection to the request of the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that the name of the Zhao Ye is changed to Joanna Zhao Ye. By the Court, Yunshan Ye ? Petitioner bas ?\Oya 9-%%W-Y1 lotaolkt Y%. 9 v M. L. Ebert, Jr., rq c°-, rf i -: -r. :Z3 --- 4 :?CZL -