How to Ditch a Dead Name in Pennsylvania
Bureaucracy in the Commonwealth of PA is still a bit much, but at least some things are becoming more rational. The standard requirement that petitioners seeking a change of legal name publish the proposed name change in the newspaper may be waived where it poses a safety risk to the petitioner. The standard packet for Lackawanna County name change petitioners, with detailed instructions, is available on the court’s website.
Where someone has left abusive or dangerous conditions, or if they are trans and fear potential violence or harassment, you may file a Motion for Waiver of Publication Requirements. Although there is no guarantee that every judge will grant the motion to waive publication of a name change, it is within their discretion to do so. A sample Petition for Name Change, Motion for Waiver of Publication, exhibits regarding the physical and psychological risk of a trans person publicizing the proposed name change, and a proposed order are all available here.
The process still is not simple, and it varies from county to county. In Scranton, after completing the Petition (and the Motion for Waiver of Publication Requirements, if you so choose), you must present them to the Motions Court judge at 9 a.m. on a weekday, then go to Court Administration with the paperwork to get the final hearing scheduled. Prior to that hearing, you will need to go to the Central Booking office in the courthouse and pay a fee to be fingerprinted for your background check. Next the fingerprint card, an original and one copy of the petition, and any Order that the Judge signed need to be brought to the Clerk of Judicial Records (Prothonotary) with the filing fee. You will also need to get certifications from the Clerk of Judicial Records and the Recorder of Deeds that there are no judgments against you. Finally, assuming that the publication requirement was waived, the last step will be attending the final hearing (by which point the background check will be completed), where the Judge will likely formally change your name.
It is still a long and needlessly cumbersome process, which was set up long ago with the primary focus of preventing people from avoiding financial obligations by changing their names. If you live in Lackawanna County, Attorney Hunter would be happy to prepare the forms for you, support you emotionally, and attend the name change hearing with you.
