HomeMy WebLinkAbout14-3399 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA
CIVIL DIVISION -LAW c-,
IN THE MATTER OF " F°
PETITION FOR CHANGE OF NAME OF ch `D
Jose Camus Natividad NO: -- 339
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Petitioner Jose Camus Natividad , requests that this Court order a change of the
petitioner's name, pursuant to 54 Pa. Cons. Stat. Section 701, et sea., and in support thereof
makes the following the averments:
1. The petitioner was born on 02/04/1958 and is currently 56
years old.
2. During the five years preceding the filing of this petition, the petitioner has resided
in the following places:
DATE ADDRESSES
05/10/2006 - Present 62 Greenmont Drive, Enola, Pennsvlv_ania 17025
3. There are no judgments or decrees pending against the petitioner.
4. The Petitioner requests that his/her name be changed from Jose Camus Natividad to_
Joey Camus Natividad
5. The reasons for the requested change of name are
I am already known by the proposed name in my profession, and I would like to use this
name in all my personal and business dealings.
6. The Petitioner has not been convicted of a felony.
WHEREFORE, the petitioner respectfully requests that this Court enter an Order
changing his/her name from Jose Camus Natividad to Joey Camus Natividad
Date: , uAe SAA 2U1y _ 1
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VERIFICATION
I, Jose Camus Natividad , verify that the statements made in the
foregoing Petition are true and correct to the best of my knowledge or information and
belief. I understand that this verification is made subject to the penalties of 18 Pa.C.S.
§ 4904 relating to unsworn fabrication to authorities, which provides that if I knowingly
make false averments, I may be subject to criminal penalties.
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SP 4-198 (11-99)
PENNSYLVANIA STATE POLICE
CENTRAL REPOSITORY
1800 ELMERTON AVENUE
'HARRISBURG, PA 17110
717-783-3762
17UPI ER A ND COU',:T DATE: Wednesday, June 11, 2014
PROTHONOTARY RE: SID:
CUMBERLAND CO COURTHOUSE NAME: NATIVIDAD JOSE CAMU
1 COURT HOUSE SQUARE SOC: 184-82-4105
CARLISLE, PA 17013 COURT DOCKET #: 14-3399
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 conta ,us at th above addreflor
telephone number.
Sincerely;
Director,Criminal Records i
and Identification Division
f
i
IN RE: PETITION FOR
CHANGE OF NAME
JOSE CAMUS NATIVIDAD
Name,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 14-3399 CIVIL
IN RE: PETITION FOR CHANGE OF NAME
ORDER OF COURT
AND NOW, this 17th day of June, 2014, upon consideration of the Petition for Change of
IT IS HEREBY ORDERED AND DIRECTED that a hearing will be held on Thursday,
October 2, 2014, at 9:00 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, timeand 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.)
‘/ Jose C. Natividad
Petitioner
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By the Court,
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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. 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:
(i) 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)(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)
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
CHANGE OF NAME
JOSE CAMUS NATIVIDAD
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 14-3399 CIVIL
IN RE: PETITION FOR CHANGE OF NAME
ORDER OF COURT
AND NOW, this 9th day of July, 2014, upon consideration of the Petition for Change of
Name, and there now being a conflict with this Court's schedule for the hearing on Thursday,
October 2, 2014, at 9:00 a.m.
IT IS HEREBY ORDERED AND DIRECTED that the hearing will now be held on
Tuesday, October 7, 2014, at 2:30 p.m. in Courtroom No. 2 of the Cumberland County
Courthouse, Carlisle, Pennsylvania. The Petitioner shall abide by the requirements in the
Order of Court dated June 17, 2014.
Jose C. Natividad
Petitioner
62 Greenmont Drive
Enola, PA 17025
bas
CO/a/ in..4211.E.C.L.—
*OPY
By the Court,
IN RE: PETITION FOR
CHANGE OF NAME OF
JOSE CAMUS NATIVIDAD
lit.: Pri)0 71101"0
2014 SEP 16 PH 3: 23
UNBERLAND
PENNSYTLVANIA
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2014-3399 CIVIL
PRAECIPE TO FILE PROOF OF NOTICE OF PUBLICATION
IN CUMBERLAND LAW JOURNAL AND THE SENTINEL
TO THE PROTHONOTARY:
Date:
Kindly file the enclosed Proof of Notice of Publication in the above -captioned matter.
Respectfully submitted,
Jose Camus Natividad
62 Greenmont Drive
Enola, PA 17025-2643
1.7
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
September 12, 2014
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
SWORN TO AND SUBSCRIBED before me this
12 day of September, 2014
Notary
COMMONWEALTH OF PENNSYLVAMA
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO.. CUMBERLAND CNTY
My Commission Expires Apr 28. 2018
CUMBERLAND LAW JOURNAL
PETITION FOR
NAME CHANGE
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Action
Docket No.: 2014-3399
NOTICE
NOTICE IS HEREBY GIVEN that
on June 5, 2014 a petition was filed
in Cumberland County Courthouse
in Carlisle, Pennsylvania requesting
a name change from Jose Camus
Natividad to Joey Camus Natividad.
The Court will hear the Petition on
October 7, 2014 at 2:30 p.m. in
Courtroom No. 2 of the Cumberland
County Courthouse in Carlisle, Penn-
sylvania. All interested parties may
appear and show cause, if any, why
the prayer of the Petitioner should
not be granted.
Sept. 12
4
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Cathy Clark, Advertising Director, of The Sentinel, of the County and State aforesaid,
being duly sworn, deposes and says that THE SENTINEL, a newspaper of general
circulation in the Borough of Carlisle, County and State aforesaid, was established
December 13th, 1881, since which date THE SENTINEL has been regularly issued in said
County, and that the printed notice or publication attached hereto is exactly the same as
was printed and published in the regular editions and issues of
September 5, 2014.
COPY OF NOTICE OF PUBLICATION
_.r —
PETITION FOR CHANGE OF NAME
In the Court of Common Please of Cumberland County, Pennsylvania
Civil Action
Docket No.: 2014-3399 '"
NOTICE
NOTICE IS HEREBY GIVEN that on June 5,2014 a petition was filed in
Cumberland County Courthouse in Carlisle, Pennsylvania requesting a
name change from Jose Camus Natividad to Joey Camus Natividad. The
Court will hear the Petition on October 7, 2014 at 2:30 p.m. in Courtroom No.
2 of the Cumberland County Courthouse in Carlisle, Pennsylvania. All
interested parties may appear and show cause, if any, why the prayer of the
Petitioner should not be granted.
Affiant further deposes that he/ she is not
interested in thesubject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement as
to time, place and character of publication
true.
Sworn to and subscribed before me this
15�h 0 r Sk9, Atircicr
My commission expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Bethany M. Hottry, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Sept. 26, 2015
MEMBER. PENNSYI vANIA 0.SSOCIATION OF NOTARIES
IN RE: PETITION FOR
CHANGE OF NAME OF
JOSE CAMUS NATIVIDAD
Lfl
H: THE PRO IHONO
i]HOCT3 PN 12: 9
CUMBERLAND COUNTY
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2614-3399 CIVIL
AFFIDAVIT OF PETITONER, JOSE CAMUS NATIVIDAD
Owing to the Lawyer Referral Services (LRS) of Cumberland County Bar Association
I have personally met and spoke with Attorney Corky Goldstein from Harrisburg and
presented the documents and background information relevant to the above mentioned
petition and hereby sets forth the following in support thereof:
Atty. Corky Goldstein reviewed the documents and provided advice to the petitioner at
no charge.
2. Subsequent to the documents review the honorable attorney stated that in his opinion
everything appears to be in excellent form.
The honorable attorney concurred to the idea of having a lawyer however suggested in
this case that he felt that the petitioner were perfectly capable of presenting this petition
on his own.
4. The petitioner respected the professional judgment of the honorable attorney and
handling the petition pro se.
Date: 0 QV,
Respectfully submitted,
Jose Camus Nati
62 Greenmont Drive
Enola, PA 17025-2643
IN RE: PETITION FOR
CHANGE OF NAME
JOSE CAMUS NATIVIDAD
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 14-3399 CIVIL
IN RE: PETITION FOR CHANGE OF NAME
71%*b
ORDER OF COURT
AND NOW, thisr1day of October, 2014, 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 Jose Camus Natividad is hereby
changed to Joey Camus Natividad.
Joey C. Natividad
Petitioner
62 Greenmont Drive
Enola, PA 17025
bas 6911)1.e oat pet-so/4(1/y
101-71/q
By the Court,