HomeMy WebLinkAbout13-5076 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT', PENNSYLVANIA
CIVIL ACTION = LAW
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IN RE: CHANGE OF NAME OF : NO. , ?� S ? 1 4 ~ate . �'
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PETITION FOR CHANGE OF NAME x
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of John Timothy Doe, by John Timothy Doe, respectfully represents:
1. Petitioner, Timothy Allen Brady, dob 8/25/62, wishes to have her given name changed to reflect a
change of lifestyle from male to female. To allow for the change of her driver license, insurance, social
security, and all other pertinent documents may be changed to reflect this new lifestyle. Miss Brady has
been living as Trina Brady for the last eight months and for the last 4 years have been living more as
Trina Brady than Timothy Brady
2: That petitioner has resided at 2801 Market St, Apt 7, Camp Hill, PA. 17011, during the six
years preceding the filing of this Petition.
3. That there are no judgments or decrees of like character of record against the petitioner.
WHEREFORE, Petitioner requests the Court, pursuant to the Act of December 16, 1982, P.L. 1309,
No. 295, § 2 (as amended), 54 Pa.C.S.A. § 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 Timothy Allen Brady to
Trina Anna Brady.
4 That the petitioner be allowed to waive the requirement of placing a notice in two local newspapers
in that:
a. Very few people actually read local newspapers in recent years and those that do read the legal
notices are more concerned with state and county bid notices, foreclosure and auction notices.
b. The petitioner since taking residence at 2801 Market St, Camp Hill Pa. has routinely conducted
most of her local business and social activities as Trina Brady and is better known in the area as
Trina Brady.
Petitioner t
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SP 4-198 (11-99)
PENNSYLVANIA STATE POLICE
CENTRAL REPOSITORY
1800 ELMERTON AVENUE
HARRISBURG, PA 17110
717-783-3762
DATE: Tuesday, September 03, 2013
PROTHONOTARY RE: SID:
CUMBERLAND CO COURTHOUSE NAME: BRADY TIMOTHY
1 COURT HOUSE SQUARE SOC: 166-48-7779
CARLISLE, PA 17013 COURT DOCKET #: 13-5076
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. ,
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Sincerely, '
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Director,Criminal Records
and Identification Division
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IN RE: PETITION FOR IN THE COURT OF COMMON PLEAS OF
CHANGE OF NAME CUMBERLAND COUNTY, PENNSYLVANIA
TIMOTHY ALLEN BRADY NO. 13-5076 CIVIL
IN RE: PETITION FOR CHANGE OF NAME
ORDER OF COURT
AND NOW,.this 17th day of September, 2013, upon consideration of the Petition for
Change of Name,
IT IS HEREBY ORDERED AND DIRECTED that a hearing will be held on Wednesday,
November 27, 2013, at 3:30 p.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,
M. L. Ebert, Jr., r
MOD
Timothy Allen BradyY� =M M ,—
Petitioner 6 ► " C c'
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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.l).
(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:
(1)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)I 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)(i) (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)
Y
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
2
IN RE: PETITION FOR : IN THE COURT OF COMMON PLEAS OF
CHANGE OF NAME : CUMBERLAND COUNTY, PENNSYLVANIA
TIMOTHY ALLEN BRADY : NO. 13-5076 CIVIL
IN RE: PETITION FOR CHANGE OF NAME
ORDER OF COURT
AND NOW, this 27th day of November, 2013, after hearing on the Petition and on
presentation of proof of publication of notice as required by law, and it appearing that there is
no legal or other objection to the granting of the prayer of the petition,
IT IS ORDERED AND DECREED that the name of Timothy Allen Brady is hereby
changed to Trina Anna Brady.
By the Court,
tom.
M. L. Ebert, Jr., J.
Petitioner —F;ou, /,„sN,(1//
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