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HomeMy WebLinkAbout02-3642IN RE S.D. RIDEOUT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 00- CIVIL TERM O,~ - -,~ 5/,2, : PETITION TO CHANGE NAME CIVIL ACTION - LAW PETITION TO CHANGE NAME PURSUANT TO 54 Pa.C.S.A. ?01 et. seq. AND NOW, comes Kara W. Haggerty, Esquire, on behalf of the Petitioner, Cheryl Rudd on behalf of Storm Daezhawn Rideout, who respectfully requests this Court allow her to change her child's surname to her surname, Stoma Daezhawn Rudd, and in support thereof avers as follows: 1. Petitioner is Cheryl Rudd, an adult individual who resides at 41 East South Street, Apt. #2, Carlisle, Cumberland County, Pennsylvania. 2. Petitioner is the natural mother of Storm Daezhawn Rideout, a minor child with a date of birth of May 30, 1997. The child was bom out of wedlock. 3. The child is presently in the custody of Cheryl Rudd, 41 East South Street, Apt. #2, Carlisle, Cumberland County, Pennsylvania. 4. The child's natural father is Wayne Franklin Rideout, II, currently incarcerated at SCI-Graterford, Graterford, Pennsylvania for convictions of Statutory Sexual Assault, Involuntary Deviate Sexual Intercourse and Aggravated Assault in one case, and Aggravated -Assault and Criminal Homicide of the 3ra Degree in a second case. His aggregate sentence is 15-30 years in a State Correctional Institution with an order to comply with all Megan's Law registration requirements upon release. following addresses: Name Cheryl Rudd Cheryl Rudd Cheryl Rudd Cheryl Rudd 6. During the child's lifetime, she has resided with the following people at the Address 41 East South Street, Carlisle, PA 1517 Terrace Avenue, Carlisle, PA 338 B Street, Carlisle, PA 1517 Terrace Avenue, Carlisle, PA Date 05/00-Present 08/99-05/00 10/97-08/99 05/97-10/97 Petitioner deskes to change her child's surname to her surname, Storm Daezhawn Rudd. 7. Petitioner desires to change her child's name to Storm Daezhawn Rudd due to the social stigma associated with the Rideout name within the community and because the child has resided with her since birth. In re Change of Name of Zachary Thomas Andrew Grimes to Zachary Thomas Andrew Grimes~Palai-'.. 530 Pa. 388, 609 A.2d 158 (1992). 8. There are no judgments or decrees of record against petitioner or the child. 9. Attached to this Petition is a fingerprint card containing the fingerprints of the child. The hild s fingerprints were placed on the fingerprint card on July 19, 2002 at the Cumberland County Booking Center, in Carlisle. Said fingerprints are attached for the purpose of forwarding the same to the Pennsylvania State Police as required by 54 Pa.C.S. ~702(b). 10. The best interest of the child will be served by granting the relief requested. WHEREFORE, petitioner respectfully requests this Honorable Court to enter an Order granting the petitioner's request to change her ch/ld's name from Storm Daezhawn Rideout to Storm Daezhawn Rudd. Respectfully submitted, Aborn & Kntulakis, L.L.P. Kara W. Haggerty, Esquire Attorney ID #86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner DAT -' ~1'~=~ ~)FFICIA T KI FINGERPRINTS vou..o ~ 2R. INDEX 7 L. INDEX CLASS REF g L RING IN RE S.D. RIDEOUT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00- CIVIL TERM : PETITION TO CHANGE NAME CML ACTION - LAW VERIFICATION I, Cheryl Rudd, verify that the statements made in the foregoing Petition to Change Name are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. [4904, relating to Unswom Falsifications to Authorities. Date Chetyl~udd IN RE S.D. RIDEOUT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00- CIVIL TERM : PETITION TO CHANGE NAME CIVIL ACTION - LAW PROOF OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that on this 30th day of July, 2002, a true and correct copy of the PETITION TO CHANGE NAME was served upon Wayne Franklin Rideout, II, by United States Mail, First Class, postage pre-paid, addressed as follows: Wayne Franklin Rideout, II Inmate Number: ED3837 SCI-Graterford P. O. Box 244 Graterford, PA 19426 Kara W. Haggerty IN RE S.D. RIDEOUT : IN THE COURT OF COMMON PLEAS OF : COUNTY, PENNSYLVANIA ~ - CUMBERI,AND .ll~ 'I~ 1 200Z : 02- ¢b 2 : -Off- CIVIL TERM : PETITION TO CHANGE NAME CML ACTION - LAW ORDER FOR PUBLICATION. AND NOW, this Ll~y of ~, 2002, upon motion of Kara W. Hag, getty, Esquire, Attorney for Petitioner, it is ordered and decreed that the within Petition to Change Name be heard on the o~___~of ~~02, at//~I;~a'~/P'm'in Courtroom Nc~ of the Cumberland County Courthouse, Carlisle, Pennsylvania, and, further, that notice of the filing of the within petition and of the aforesaid date of hearing be published in the Carlisle Sentinel and the Cumberland County Law Journal. Kara W. Haggerty, Esquire Attorney for Petitioner By the Court, Cheryl Rudd 41 East South Street, Apt. #2 Carlisle, PA 17013 ne Franklin Rideout, II SCI - Graterford P.O. Box 244 Graterford, PA 19426 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE S.D. RIDEOUT CIVIL ACTION - LAW NO. 02-3642 PETITION TO CHANGE NAME PETITION OPPOSING CHANGE OF NAME NOW COMES, Wayne Franklin Rideout II, petitioner, and the natural father of Storm Daezhawn Rideout, who opposes the Petition to Change Name, and presents the following in support thereof: 1. On July 30,2002, Cheryl Rudd, the child's natural mother, filed a Petition to Change Name pursuant to 54 Pa.C.S.A. §701 et. seq.. On August 1,2002, the Honorable George E Hoffer, P.J., entered an Order setting a hearing date of September 23, 2002, at 10:00 A.M., Courtroom No.3, on the Petition filed by Cheryl Rudd. 2. In her petition, Cheryl Rudd alleges that petitioner, Wayne Franklin Rideout II, was convicted of Statutory Sexual Assault, Involuntary Deviate Sexual Intercourse and Aggravated Assault in one case, and Aggravated Assault and Criminal Homicide of the 3rd Degree in a second case. Cheryl Rudd further avers in her petition that Wayne Franklin Rideout II is serving an aggregate sentence of 15-30 years in a State Correctional Institute. Petitioner's convictions for Statutory Sexual Assault, Involuntary Deviate Sexual Intercourse, and Aggravated Assault were vacated on August 31, 2000. 3. Petitioner, Wayne Franklin Rideout II, is serving a sentence of 8 to 16 years for Third-Degree Murder and a sentence -1- of 7 to 14 years, to run concurrent with the Third-Degree Murder conviction, for one count of Involuntary Deviate Sexual Intercourse. Petitioner's total sentence is for a term of 8 to 16 years, and not 15 to 30 years as alleged by Cheryl Rudd in her petition. Petitioner's minimum date is May 29, 2007. Please see attached "Sentence Status Change Report" 4. Petitioner resided with Cheryl Rudd, and their son, Storm Daezhawn Rideout, from the time of the child's birth until the child was about two years old. Petitioner resided with Cheryl Rudd, and their son, at the following addresses and during the following periods: 1517 Terrace Ave., Carlisle, PA. May 1997 to October 1997 338 B Street, Carlisle, PA., October 1997 to June 1999 5. Petitioner, after his incarceration, has continuously indicated a great interest in his son's welfare, he has written numerous letters and made attempts to call his son. All of petitioner's attempts to stay in contact with his son have been thwarted by Cheryl Rudd, letters have been returned and phone calls are not accepted. It is the petitioner's belief that the child's mother, Cheryl Rudd, has filed the Petition to Change the child's surname due to her pure bitterness, and resentfulness, towards the father of the child, and his family. 6. It is petitioner's belief that it is not in his son, Storm Daezhawn Rideout's, best interest to grant a change of name as it will further alienate him from his family bonds. Petitioner asks the Court to take into careful consideration, the possibility of the child's mother getting married in the future, and therefore leaving the child without his father's surname, and a different last name than his mother. 7. It is petitioner's belief that there is no social stigma associated with the Rideout name and that the child is not, nor -2- will he be, harassed or embarrassed by having the Rideout name. The child was only two years old at the time of his father's incarceration and the publicity that may have been present at the time is no longer there. 8. Petitioner also has a twelve year-old daughter, Ashtyn Leigh Rideout, who has been in school for the past eight years, and has not suffered any embarrassment, nor stress, from any social stigma what so ever, for having Rideout as her surname. 9. Shermaine Rideout, the child's maternal grandmother, is very well respected in the community and has received numerous awards, and recognition from the community, most recently, elected Chairwoman of the N.A.A.C.p., for the year 2002, she is also recognized in the community for her involvement with Domestic Violence Among Women, Mental Health & Retardation Board Member, and numerous community activities, such as the "Amani Festival & Street Hoops" Therefore, it cannot be said that there is any social stigma associated with the Rideout name. Wherefore, petitioner respectfully requests that the petition of Cheryl Rudd for Change of Name, from Storm Daezhawn Rideout, to Storm Daezhawn Rudd, be denied and that the child's name be left as Storm Daezhawn Rideout. Respectfully Submitted, yne Franklin Rideout, II. Inst. # ED 3837 Box 244 Graterford, PA. 19426-0244 (Petitioner Pro Se) -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE S.D. RIDEOUT CIVIL ACTION - LAW NO. 02-3642 PETITION TO CHANGE NAME VERIFICATION I, Wayne Franklin Rideout, II., hereby verify that the statements made in the foregoing Petition are true and correct to the best of my personal knowledge, information and belief. I understand that any false statements made herein subject me to the penalties of perjury under 18 Pa.C.S.A., § 4904, relating to Unsworn Falsification to Authorities. Dated Wayne Franklin Rideout, II. IN TRE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE S.D. RIDEOUT CIVIL ACTION - LAW No. 02-3642 PETITION TO CHANGE NAME PROOF OF SERVICE I, Wayne Franklin Rideout, II, hereby certify that I have this ~ day of ~~, 2002, caused a copy of the foregoing Petition Opposing Change of Name to be served upon the following individuals and in the manner indicated below, which service satisfies the requirements of the Pa.R.Civ.P.. United States Mail, First Class, Postage Pre-paid, Addressed as follows Abom & Kutulakis, LiL.P. Kara W. Haggerty, Esquire 8 South Hanover Street, Suite 204 Carlisle, PA. 17013 (Attorney for Cheryl Rudd Dated Wayne Franklin Rideout, II. ED 3837 Box 244 Graterford, PA. 19426-0244 FORM DC-23B SENTENCE STATUS CHANGE REPORT INSTITUTIONAL NUMBER I PBP NUMBER I COMMITMENTNAME INSTITUTION DATE OF REPORT ED-3837 RIDEOUT, Wayne Franklin Jr. SCIGra. 4-12-2001 A SENTENCE STATUS CHANGE REPORT IS SUBMITTED ON THE ABOVE INMATE, AS INDICATED BY THE CHECKED SECTION (S) 1. THE SENTENCE WHICH THIS INMATE IS CURRENTLY UNDERGOING IS AS FOLLOWS: OFFENSE IS) DI IESI, Cr. Hcrn: ICP#887,1257: COUNTV ' IREMARKS #1257(8-16y) is CS to #887(5-10y) Total sent.of 13-26yrs: Cumberland Co. THE SENTENCE WHICH THIS INMATE IS CURRENTLY UNDERGOING IS CHANGED AS FOLLOWS: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS SID#17215540 TYPEOF CHANGE SENTENCE I EFFEC11VE DATE I EFFECTIVE DATE-Pr 7-!4yrs. 11-;I. 9-99 PROSECUTING POLICE DEPARTMENT I JUDGE Carlisle P.D. Wesley ©ler OFFENSE (S) IDSI: ] OVERLAPPING CONCURRENT SENT.[] UNDERI. APPING · CONCURRENT SENT.[~] RECONSIDERED SENTENCE [] CORRECTED COMMITMENT [] COMMUTED SENTENCE [] RECOMPUTED SENTENCE MINIMUM DATE MAXIMUM DATE SACKTIME IF PV 11-19-2001 11-19-2013 RVMAXIMUM DATE OATEOESENTENCE I RLEA I ESCAPET,ME 2-22-01 Guilty COURT -- INDICTMENT NUMBER -- TERM COUNTY Ckznberland CP#887,99: (Original ]y 5-10yrs. ) IREMARKS Sent.was vacated on 8-31-2000 and resentenced on 2-22-01 to [] 3. FOLLOWING COMPLETION OF THIS INMATE'S CURRENT SENTENCE, HE WILL BE REEN RVE THE FOLLOWING: OFFENSE COUNTY .[REMARKS I COURT -- INDICTMENT NUMBER __ TERM [] 4. A DETAINER HAS BEEN LODGED AGAINST THIS INMATE AS FOLLOWS: (PLEASE SEE OVER) FROM (INCLUDING ADDRESS) I CHARGING DETAINER DATE l INDICTMENT-WARRANT NOS. [ REMARKS [] 5. A DETAINER PREVIOUSLY LODGED AGAINST THIS INMATE HAS BEEN DROPPED AS FOLLOWS: FROM (INCLUDING ADDRESS} I CHARGING [] 6. YOUR APPLICATION FOR COMMUTATION HAS BEEN REVIEWED BY THE BOARD OF PARDONS, AND IT WAS: [] GRANTED- SEE SECTION #2 ABOVE [] CONTINUED [] REFUSED [] HELD UNDER ADVISEMENT [] WITHDRAWN 7. [] PASSED CP#1257,99 is controlling sentence(8-16yrs. ) Eff:5-29-99 Min: 5-29-2007 Max: 5-29-2015 RECORD OFFICER'S SIGNATURE RECORD OFFICER'S NAME William Mokriski CRS WHITE--inmate's Copy PINK--DRS'S Copy CANARY--PBP'S Copy BLUE--BCI'S Copy GREEN--Institution Distribution Copy (See over) WHITE--DC-15 IRJ Copy J°seph, nJ : ? e ters 260 South Broad Street · Suite 220 - Philadelphia, PA 19102-5002 p. 215.893.0600 · f. 215.545.3398 MEMO TO: Whom It May Concern DATE: RE: FROM: July 11, 2002 Wayne Rideout jo se~he/~r Bruce Schaffer JJPI Prison Services This report was requested by Mr. Rideout, and is a compilation of the numerous treatment groups in which he has participated during his involvement with the Joseph J. Peters Sex Offender Program at the State Correctional Institution at Graterford. Mr. Rideout has been involved on average, two groups per week, fbr the past 1- 1-½ years. Mr. Rideout's participation has been consistent, reliable, and exemplary. He has been active, articulating when necessary and silent and reflective when necessary. He impresses as honest, sincere, and straightforward. He has been introspective, making some valuable insights, has personally related to many issues, and been willing to honestly disclose and share with other group members. His attitude has been positive in handling many serious situations. He asks for assistance and advice when unsure how to proceed. Frustration tolerance has improved. He thinks before acting. Overall, he has achieved many therapeutic gains. He is expected to continue to do the same as he progresses through the program, awaiting placement in a core or admitters phase of treatment. cc: File IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLYANIA IN RE S.D. RIDEOUT CIVIL ACTION - LAW NO. 02-3642 PETITION TO CHANGE NAME APPLICATION TO PROCEED IN FORMA PAUPERIS 1. I am a party to the above named action and because of my financial condition I am unable to pay the fees and costs associated with prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Wayne Franklin Rideout, II. Address: Box 244, Graterford, PA. 19426-0244 (SCI-Graterford) Social Security Number: /~ (b) Employment: I am presently unemployed because of my incarceration. I have not been employeed for the last four years. (c) I have had no other income in the past twelve months, other than gifts from my family in the amount of; ~/~- (d) Other contributions to household support: None (e) I own no property, such as, real estate, checking account, savings account, stocks or bonds, and no vehicles. (f) I currently have no debts or obligations, other than; (g) I have two children who I try to send money to when I am able to, but because of my financial condition, I am unable to support. 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I hereby verify that the statements made in this affidavit are true and correct. I understand that false statements herein ~made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Dated: ~4 ~-- ~ Wa~n~rankl i~ Ri~eou~ , '-II . Inst. # ED-3837 Box 244 Graterford, PA. 19426-0244 IN RE: S.D. RIDEOUT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-3642 CIVIL TERM : : PETITION TO CI4.AAIGE NANE IN RE: PETITION TO CHANGE NAME ORDER OF COURT AND NOW, September 23, 2002, after hearing and consideration of the testimony presented on the request for change of name, we do deny the request to change the name of the child. By the Court, Kara W. Haggerty, Esquire For the Petitioner :mtf