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HomeMy WebLinkAbout2004-3651 Civil IN RE: CHRISTOPHER MICHAEL REED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-3651 CIVIL TERM IN RE: PETITION FOR CHANGE OF NAME OPINION AND ORDER OF COURT Bayley, J., November 30, 2004:-- Petitioner, Mary Jane Kantz, is the maternal grandmother of Christopher Michael Reed, age 5, born July 3, 1999. She petitioned to change Christopher's name to Ryan Michael Conrad. The child's father is Christopher W. Reed. His mother was Melissa Ann Conrad. The parents did not marry. On April 14, 2003, the father murdered Christopher's mother. He is now incarcerated at SCI Rockview on a sentence of life imprisonment. On June 2,2003, this court entered an order granting Mary Jane Kantz legal and primary physical custody of Christopher. There is no custody order in favor of the father. The father last saw Christopher on January 14, 2004, for one visit while incarcerated in the Cumberland County Prison. Mary Kantz lives with her husband Matthew, Christopher and his sister Kayla Conrad, in Plainfield, Cumberland County. Kayla, age 9, born July 3, 1995, is the daughter of Melissa Conrad and Scott Raudabaugh. Kayla sees her father for periods of temporary physical custody on a regular basis. By agreement with Mary Kantz, Scott Raudabaugh also has Christopher for these periods. Christopher lived with his father and mother until she separated and moved to her parents' home in Plainfield in March, 2003. The father came to that home on April 14, 2003, when the mother, Mary Kantz, Christopher and Kayla were there, and stabbed the mother to death. 04-3651 Civil Term Christopher is in kindergarten and Kayla is in fourth grade at the Plainfield Elementary School. They both know that Christopher W. Reed killed their mother. The father's family has never had any relationship with their grandson. The father does not object to changing Christopher's last name to Conrad if he can send him cards and letters. He does object to changing the first name to Ryan. This court may change the name of any person resident in Cumberland County. 54 Pa.C.S. Section 702(a). In a plurality opinion of the Supreme Court of Pennsylvania in In re: Zachary Thomas Andrew Grimes, 530 Pa. 388 (1992), the Court stated that when considering a petition to change the name of a minor child, "[I]n accordance with the majority of jurisdictions in the United States we declare the best interest of the child to be the appropriate focus in such cases." Absent legislative criteria, courts reviewing petitions for a change of name may exercise their discretion "in such a way as to comport with good sense, common decency and fairness to all concerned and to the public." Petition of Falcucci, 355 Pa. 588 (1947). In In re: Zachary, the Court stated: [p]etitioner in such instance must bear the burden of establishing that a change would be in the best interest of said child. Specific guidelines are difficult to establish, for the circumstances in each case will be unique, as each child has individual physical, intellectual, moral, social and spiritual needs. See generally In re: Davis, 502 Pa. 110,465 A.2d 614 (1983). However, general considerations should include the natural bonds between parent and child, the social stigma or respect afforded a particular name within the community, and, and where the child is of sufficient age, whether the child intellectually and rationally understands the significance of changing his or her name. (Footnote omitted.) -2- 04-3651 Civil Term DISCUSSION o God! Horatio, what a wounded name. . . And in this harsh world draw thy breath in pain, To tell my story. 1 If possible this child should never have to undergo the pain of telling the story of his father's intentional and malice killing of his mother. Nor should he have to hear about it from others in his community or elsewhere. His name, however, inextricably links this little boy to that horror. Plainfield is a tiny place. The social stigma of having his father's disgraced name is reason enough to change it. While doing so will not compensate for such pain he might suffer in the future, it will help remove a social stigma as he grows up in the home of his maternal grandparents. Conrad was the name of his mother and is the name of his sister. Good sense and the best social and overall interest of the child warrants the change of his name as requested to Ryan Michael Conrad? ORDER OF COURT AND NOW, this day of November, 2004, the name of Christopher Michael Reed, born July 3, 1999, is changed to RYAN MICHAEL CONRAD. By the Court, Edgar B. Bayley, J. 1 Shakespeare, Hamlet. 2 This opinion should not be considered as a reflection or approval of this court that Christopher W. Reed should try to communicate in any way with his son. -3- 04-3651 Civil Term Bradley L. Griffie, Esquire For Petitioner Christopher W. Reed, FQ 8199, Pro se SCI Rockview BoxA Bellefonte, PA 16823 :sal -4- IN RE: CHRISTOPHER MICHAEL REED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-3651 CIVIL TERM IN RE: PETITION FOR CHANGE OF NAME ORDER OF COURT AND NOW, this day of November, 2004, the name of Christopher Michael Reed, born July 3, 1999, is changed to RYAN MICHAEL CONRAD. By the Court, Edgar B. Bayley, J. Bradley L. Griffie, Esquire For Petitioner Christopher W. Reed, FQ 8199, Pro se SCI Rockview BoxA Bellefonte, PA 16823 :sal