Name Change Project Attorney Handbook for Allegheny County, PA Transgender Legal Defense & Education Fund, Inc. 20 West 20th Street, Suite 705 New York, New York 10011 646.862.9396 Noah Lewis, Staff Attorney nlewis@transgenderlegal.org Revised May 17, 2016 by the Pittsburgh office of: Name Change Project Recipient of 2015 New Initiative Award ACBA Pro Bono Achievement Awards
Publication Requirement The Pennsylvania statute directs that, “upon filing of the petition, the court shall … by order, direct that notice be given of the filing of the petition and of the date set for the hearing on the petition ….” 54 Pa. C.S.A. § 701(a.1)(3)(ii). The statute further directs that the petitioner must file the notice “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.” 54 Pa. C.S.A. § 701(a.1)(3)(ii)(A). The purpose of the publication requirement is to give notice of the hearing to parties who may wish to lawfully object to the name change. In Allegheny County, via the Order Scheduling Hearing on Name Change, the court sets the time and date for the hearing, and directs the petitioner to “advertise once in the Pittsburgh Legal Journal and once in a newspaper of general circulation in Allegheny County.” Allegheny County L.Cv.R. Form 505B(i) (emphasis added). Note the slight variance from the statute; by Allegheny County Local Civil Rule, publication is required in the Pittsburgh Legal Journal (“PLJ”) and restricted to newspapers of general circulation within the county. In Allegheny County, the publication requirement may be fulfilled by publishing in the PLJ and the Pittsburgh Post-Gazette, mainly because representatives of both publications are available at the courthouse in the Department of Court Records Wills/Orphans’ Court Division. A significantly cheaper alternative, however, is publishing in the Neighborhoods section of the Pittsburgh Tribune-Review. We do not recommend attempting to satisfy the publication requirement with any other newspapers. As stated above, IFP clients are not exempt from the costs of publication, because they are not court costs. The current fees for publication are as follows: Pittsburgh Journal: $104, flat rate;
(A) Published in two newspapers of general circulation in the county 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 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 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). trial trial
Pennsylvania Name Change Case Law 824 A.2d 1207 Superior Court of Pennsylvania. In re: Nadine Ann MILLER. Appeal of: Nadine Ann Miller, Appellant. Submitted Jan. 21, 2003. Filed May 14, 2003. Individual petitioned to change her surname to that of her life companion. The Court of Common Pleas, York County, Civil Division, No. J., denied petition. Petitioner appealed. The Superior Court, No. 1209 MDA 2002,Johnson, J., held that denial of petition was abuse of discretion in view of petitioner's satisfaction of statutory requirements and the lack of evidence to support conclusion that requested name change would violate public policy. Order reversed and case remanded with directions. J., concurred in the result. West Headnotes [1] Names 269 20 269 Names 269k20 k. Change. Most Cited Cases In matters involving a name change, a court's discretion must be exercised in such a way as to comport with good sense, common decency, and fairness to all concerned and to the public. 54 Pa.C.S.A. §§ 701(a), 702. [2] Names 269 20 269 Names 269k20 k. Change. Most Cited Cases Scope of appellate review in matters involving change of name is limited to whether the evidence is sufficient to support the decision reached by the hearing court; if appellate court finds the evidence sufficient it must affirm, even if based on the same evidence it would have reached a different conclusion. 54 Pa.C.S.A. §§ 701(a), 702. [3] Courts 106 242(3) 106 Courts 106VI Courts of Appellate Jurisdiction Courts of Particular States 106k242 Pennsylvania 106k242(3) k. Superior in General. Most Cited Cases Formal purpose of Superior Court, as intermediate appellate court, is to maintain and effectuate the decisional law of the Pennsylvania Supreme Court as faithfully as possible.
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA IN RE THE PETITION OF: [FIRST MIDDLE LAST], A/K/A M.I. LAST], A/K/A [FIRST LAST], A/K/A [ETC.] FOR A NAME CHANGE TO: [FULL PREFERRED NAME] DIVISION G.D. No. VERIFIED PETITION FOR A NAME CHANGE Code: ________ Filed on behalf of Petitioner Counsel of Record on Behalf of This Party: [Attorney Name] (SBN [Attorney Number]) [Firm Name] Firm No. [XXX] [Firm Address 1] [Firm Address 2] [Firm Address 3] [Firm City, State Zip] Telephone: [Phone Number] Facsimile: [Fax Number] Email: [Attorney Email]
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA IN RE THE PETITION OF: _______________________ A/K/A _________________, A/K/A _________________, A/K/A _________________ FOR A NAME CHANGE TO: ________________________ CIVIL DIVISION G.D. No. MOTION TO SEAL THE VERIFIED PETITION FOR A NAME CHANGE AND WAIVE THE PUBLICATION REQUIREMENT Code: ________ Filed on behalf of Petitioner Counsel of Record on Behalf of This __________________ (PA I.D. #________) [Firm Information]