Court Order for One and the Same Person

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Court Order for One and the Same Person

Postby gldmjd » 28 Mar 2013, 03:33

I had my interview in at the Italian Consulate in Philadelphia Jan 2013. The consulate requested I get a Court Order declaring my father is one and the same person because my father's name on his Birth Certificate is different than his name on my Birth Certificate. I filed in Dauphin County, Harrisburg, PA, but they rejected it and stated that I need to file a new petition to change his name. I called the Judge's office and talked to his law clerk. He stated that they are not familar with this type of request and found no precedent.
My question is if all the documents showing my father's name are from Dauphin County, Harrisburg, PA can I file the same petition possibly in the NY or Philly courts because I am sure they are more familar with this Declaratory Relief of One and the Same Person or does it have to be in the county the documents are from?
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Re: Court Order for One and the Same Person

Postby jcat » 28 Mar 2013, 18:26

Hi,
I'm not familiar with procedures regarding court orders and obviously either is the judge's office where you called....doesn't surprise me. Is your fathers name completely different on his birth certificate as it is on yours, or we talking just spelling of his name ? (eg. a different mis spelled letter here or there)
How about his marriage certificate? Was his name the same on that as it is on your birth certificate? Only wondering because the marriage cert. has your mother's name as well and her name is also on your birth certificate and I'd think the proof there would be that he is one in the same person.
I'm just speculating as I don't know the specifics of your documents presented at the time of your interview.
If you could provide a more detailed picture of how his name is spelled on each of your documents then it would help although I'd think the officer at the consulate would have seen any direct link to your father through all of the docs that you presented.
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Re: Court Order for One and the Same Person

Postby gldmjd » 28 Mar 2013, 18:44

Jcat, thanks for replying.
It is quite different on his BC. It is Umberto DiSilvestro. On everything else, including my BC it is Albert DiSylvester. I would like to try the Philly courts but I am not sure if they would accept the petition and the documents if they are from another county in PA.
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Re: Court Order for One and the Same Person

Postby jcat » 28 Mar 2013, 19:41

Your welcome gldmjd....
Umberto DiSilvestro sure sounds like Albert DiSylvester to me and at some point like many others, Umberto changed his name to Americanize himself as so many others before him did. Court orders and lawyers shouldn't be needed ugh, and it bothers me that everyone is directed to do such things in being recognized something that is rightfully theirs! Keep poking around, your very close being that you have already gone for your interview. Ask the Consulate " What happens if I cannot get the requested order that they are looking for?" Throw the ball back in their court before spending $$$ going through legal means....how about on his naturalization records, no mention of him once being Umberto anywhere? My grandfather had changed his name from Vincenzo to James and on his naturalization docs and death cert. it was stated as such. Good luck!
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Re: Court Order for One and the Same Person

Postby gldmjd » 28 Mar 2013, 19:58

My father was born in the US and nowhere else is Umberto used. It was never legally changed either. I tried to do everything myself but hitting to many brick walls with this one. I did contact the consulate and ask if affidavits would suffice and they said since the name was entirely different a court order is needed. I just messaged someone that got a BC name changed of a deceased person in PA. See what he has to say. Thanks again.
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Re: Court Order for One and the Same Person

Postby jcat » 28 Mar 2013, 20:07

Keep us posted Mike and good luck!
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Re: Court Order for One and the Same Person

Postby gldmjd » 29 Mar 2013, 17:35

I got some clarification from the Judge's law clerk this morning. The memoradum of law is a justification more or less to support the petition of one and the same. He stated that they could not find any legal precedent for this and if I know of one it would help support the MoL. So I am searching for any PA court orders that have been awarded for this purpose. I know at my interview I was shown one but can't remember where it was from.
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Re: Court Order for One and the Same Person

Postby gldmjd » 09 May 2013, 21:29

Well the courts will not "entertain" my court order and memorandum of law. Now they say I need a Declaratory Judgment. Don't understand why they are making this so difficult. I even had the legal precedent.
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Re: Court Order for One and the Same Person

Postby jcat » 09 May 2013, 22:27

Sad to hear this Mike, and once again the wheels of government stand in the way! now I would contact the Philly Italian consulate and make them aware that their request has not worked out for you and your quest to claim what is rightfully yours. Again, Im not a lawyer and don't know much about these legalese expressions and documents but what happens if you go through the hoops getting this "Declaratory Judgement" that the court is saying that you need and you run into another brick wall?
I keep thinking that Philly is missing out on identifying info in that Umberto's/ Albert's Marriage and death certificates should have his parents names listed on both docs and that Umberto's birth certificate should have the same parents name on it as well,no?.....shouldn't that be proof enough??
contact philly and explain what you have tried, see what they say...one would think they'd try helping instead of putting another wedge in the mix for you.
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Re: Court Order for One and the Same Person

Postby gldmjd » 09 May 2013, 23:17

Thanks James. I think I will contact Philly just to give them heads up that I am still moving forward. I have contacted them before I got some help from another person and they actually tried to find some info for me.
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Re: Court Order for One and the Same Person

Postby jcat » 09 May 2013, 23:33

Your welcome Mike, seems that at this point the consulate is your best bet.... good luck!
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Re: Court Order for One and the Same Person

Postby gldmjd » 16 May 2013, 23:17

Sent 2 emails to the Philly consulate but no reply. Just stating that my order will not be entertain and I need a Declaratory Judgment now.
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Re: Court Order for One and the Same Person

Postby gldmjd » 12 Sep 2013, 18:33

Filed the Declaratory Judgment in July. Received an order from the court to appear for a hearing on October 4th. I guess that is good news. At least it wasn't rejected. Thanks for all of those who helped me with all of my different court submittals. Hoping this is the last one!
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Re: Court Order for One and the Same Person

Postby jcat » 13 Sep 2013, 05:53

Good news! sounds like you are on your way, good luck Mike!
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Re: Court Order for One and the Same Person

Postby gldmjd » 20 Sep 2013, 02:01

Thanks James, I hope this the near the end of the road! Thanks for all your advice!
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