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ROBERT L. RYAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
VS. s q N- /j yS C i v.' I TP r of
NO. CIVIL, 1994
ROSE M. REED,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW this 4 day of a 1994, upon consideration of the within
Stipulation of the Parties, Robert L Ryan, Father, shall have primary custody of Autumn Brook Ryan,
born February 16, 1992 with such times of partial custody to Rose M. Reed, Mother, has the parties
shall agree. Mother shall not remove the child from the county without the prior written permission
of Father.
By the Court,
J.
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ROBERT L RYAN,
Plaintiff
V8.
ROSE M. REED,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
t CIVIL DIVISION - LAW
: qy - 1 to y5 C I v. I To en
NO. CML, 1994
s
s IN CUSTODY
THE PARTIES HERETO stipulate as follows:
1. They are the parents of Autumn Brook Ryan, born February 16, 1992.
2. Since the birth of said child, Robert L Ryan, hereinafter Father, has the primary
caretaker of the child.
3. The best interests and permanent welfare of the child will be served by providing to
Father primary physical custody of the child.
4. Father shall have primary physical custody of the child with such times of partial custody
to Rose M. Reed, hereinafter Mother, as the parties shall agree.
5. In no event shall Mother remove the child from Cumberland County during a period of
partial custody without the written permission of Father.
6. The terms of this Stipulation shall be entered as a court order.
WITNESS-
(/Qi??T (SEAL)
Robert L Rya
?0 Ile 7 ? I \ rY n ?e g.0 C?Q (SEAL)
Rose M. Reed
ROBERT L. RYAN,
Plaintiff/Respondent
V.
ROSE M. REED,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-1645 CIVIL TERM
IN CUSTODY
HONORABLE W. OLER
PETITION TO MODIFY CUSTODY
AND NOW, comes the Petitioner, Rose M. Reed, by and through her counsel of
record, Marylou Matas, Esquire, petitions the Court as follows:
1. Petitioner is the above named Defendant, Rose M. Reed, an adult
individual currently residing at 627 Burgners Road, Carlisle, PA 17015.
2. Respondent is the above named Plaintiff, Robert L. Ryan, an adult
individual currently residing at 1629 Trindle Road, Carlisle, PA 17015.
3. The parties are the natural parents of one (1) child, namely Autumn Brook
Ryan, born February 16, 1992.
The child was born out of wedlock.
For the past five years, or since the child's birth, the child has resided with
the following people at the following addresses for the following periods
of time:
SAMIS,
LINDSAY
ATIOWUS-Ai uw
26 West High Street
Carlisle, PA
NAME ADDRESS
Rose Reed 627 Burgners Rd.
Carlisle, PA
Robert Ryan 1629 Trindle Rd.
Carlisle, PA
Undisclosed Undisclosed
DATE
2003-May 2008
May 2008-June 2008
June 2008-August 2008
Karen Reinhart Enola, PA August 2008-current
The natural mother of the child is Petitioner/Defendant. She
resides as aforesaid, and is single.
The natural father of the child is Respondent/Plaintiff. He resides
as aforesaid, and is single.
4. The relationship of the Petitioner to the child is that of mother. The
Petitioner currently resides with her boyfriend, David Good.
5. The relationship of the Respondent to the child is that of father. The
Respondent currently resides with his girlfriend, Vicki.
6. The parties are subject to an Order of Court dated April 6, 1994, a copy of
which is attached hereto and incorporated hereby reference as Exhibit A.
7. The parties have not been following the terms of the Order as they relate
to physical or legal custody of their daughter.
8. In approximately August of 1994, Respondent turned the primary physical
custody and care of Autumn over to Petitioner; the child has resided
primarily with Petitioner since that time and Petitioner has been
responsible for the day to day decision-making for the child since that
time.
SAMIS,
FLOWER &
LINDSAY
ATIURNEYS.AT.uW
26 West High Street
Carlisle, PA
9. The best interest and permanent welfare of the child would be served by
granting the relief requested because:
a.) In 2007, Autumn started see a young man who was eighteen years of
age to her fifteen (15), to which Petitioner objected;
b.) Petitioner discovered that the young man was "sneaking" into the
home and staying over;
SAIDIS,
LINDSAY
ATIO§Ue-t'S.AT.IAW
26 West High Street
Carlisle, PA
c.) When Petitioner requested that Autumn discontinue this relationship,
which she felt was inappropriate, Autumn chose to move from
Petitioner's home to Respondent's home, in approximately May 2008;
d.) Petitioner called Respondent to inform him of the matter and requested
that he have Autumn call her at a later date;
e.) Petitioner received a telephone call from Respondent's paramour one
month later, who informed Petitioner that Autumn had only remained
in Respondent's home for a few days before leaving;
f.) In approximately July 2008, Petitioner received a telephone call from
Cumberland County Children & Youth Services to inform Petitioner
that Autumn was living in an outdoor shed with her boyfriend, and
requesting that she make a decision as to her future care;
g.) Petitioner suggested that Autumn be placed in a detention facility since
Petitioner believed that once Autumn was returned home she would
runaway again;
h.) Communication between Petitioner and Cumberland County Children
& Youth Services deteriorated, and Petitioner was not contacted by
them again regarding the placement of the child for several months;
i.) Petitioner learned that the child was staying with the boyfriend and his
mother, Karen Reinhart, in approximately September 2008, after
receiving telephone calls from that home and a subsequent Complaint
for Support;
j.) Petitioner made contact with Karen Reinhart to request assistance with
returning the child to her home, but Ms. Reinhart instead contacted
police and indicated to them that Cumberland County Children and
Youth Services had given her custody of the child; therefore, police
declined to intervene and return the child to Petitioner's home;
k.) Petitioner then contacted the CCCYS caseworker to request
information as to when the child had been turned over to Ms.
Reinhart's custody; the caseworker reported that, in fact, custody had
not been turned over to Ms. Reinhart in any way;
1.) Petitioner desires for her child to be returned to her custody, and not of
Respondent's, with whom the child has not resided since 1994;
SAIDIS,
FLOWER &
LENDS"
ermw?rs•,?T uw
26 West High Street
Carlisle, PA
m.) Petitioner believes that she can best provide for the child's emotional,
medical, financial, educational and physical support, care and control;
n.) Petitioner does not believe that the child should be residing with a
boyfriend and that boy's mother; Petitioner does not support or
encourage that type of living arrangement for a 15 year old girl.;
o.) Petitioner denied the child overnight access to the boyfriend in an
effort to protect her child, and now believes that the boyfriend's
mother is putting her daughter in jeopardy by allowing the two youths
to reside together in the same house;
p.) Petitioner is concerned for her daughter's welfare and safety.
9. Petitioner has no information of a custody proceeding concerning the child
pending in any Court of this Commonwealth.
10. Each parent whose parental rights to the child have not been terminated
and the person who has physical custody of the child has been named as a
party to this action. All other persons named below, who are meant to
have or claim to have a right to custody or visitation of the child, will be
given notice of the proceedings of this action and the right to intervene:
None
11. Petitioner does not know of any person not a party to the proceedings who
claims to have custody or visitation rights with respect to the child.
12. Notice of the filing of this Complaint has been provided to Respondent at
his last known address, and Karen Reinhart at her address individually.
WHEREFORE, Petitioner requests this Honorable Court to enter an Order
providing for Petitioner to be awarded primary physical custody of the child, Autumn;
Respectfully Submitted,
SAIDIS, FLOWER & LINDSAY
SAIDIS,
MOWER &
LINDSAY
,TtotNExs-,n uw
26 West High Street
Carlisle, PA
R
Marylou Matas, Esquire
Attorney I.D. No. 84919
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Fax (717) 243-6486
Date: ; 1/ j Counsel for Defendant/Petitioner
r%WP31k11AVGr Utyu.rl
ROBERT L RYAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION • LAW
vs. : 914- /S y.S a y," I Term
: NO. CIVIL, 1994
ROSE M. REED, :
Defendant IN CUSTODY
I.
ORDER OF COURT
AND NOW this ff - day of a 1994, upon consideration of the within
Stipulation of the Parties, Robert L Ryan, Father, shall have primary custody of Autumn Brook Ryan,
born February 16, 1992 with such times of partial custody to Rose M. Reed, Mother, has the parties
shall agree. Mother shall not remove the child from the county without the prior written permission
of Father.
By the Court,
J.
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ROBERT L. RYAN,
Plaintiff
Vile
ROSE Me REED,
Defendant
s IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
s CIVIL DIVISION - LAW
: 1q- Ile,15 Clv.-! arm
s NO. CML, 1994
s
s IN CUSTODY
THE PARTIES HERETO stipulate as follows:
1. They are the parents of Autumn Brook Ryan, born February 16, 1992.
2. Since the birth of said child, Robert L Ryan, hereinafter Father, has the primary
caretaker of the child.
3. The best interests and permanent welfare of the child will be served by providing to
Father primary physical custody of the child.
4. Father shall have primary physical custody of the child with such times of partial custody
to Rose M. Reed, hereinafter Mother, as the parties shall agree.
5. In no event shall Mother remove the child from Cumberland County during a period of
partial custody without the written permission of Father.
6. The terms of this Stipulation shall be entered as a court order.
WITNESS-
y
(SEAL)
Robert I.. Rya
Q_(SEAL)
Rose M. Reed
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ROBERT L. RYAN,
Plaintiff/Respondent
V.
ROSE M. REED,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-1645 CIVIL TERM
IN CUSTODY
HONORABLE W. OLER
VERIFICATION
I verifv that the sl:atemencs ni adr, i ; foregoing document are true imd
correct. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. §4904, relating to unworn falsifications to authorities.
SAIDIS,
LENDSAY
AT UZ EV&AitAW
26 West High Street
Carlisle, PA
Date: t(???jdg
RO E M. REED
ROBERT L. RYAN, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 94-1645 CIVIL TERM
IN CUSTODY
ROSE M. REED,
Defendant/Petitioner HONORABLE W. OLER
CERTIFICATE OF SERVICE
This is to certify that in this case, complete copies of all papers contained in the
attached document have been served upon the following persons by the following means
and on the date stated:
Name & Address
Means of Service
Date of Service
Robert Ryan
1629 Trindle Road
Carlisle, PA 17015
Karen Reinhart
P.O. box 62326
Harrisburg, PA 17106
First Class Mail
& Certified Mail
First Class Mail
& Certified Mail
Nov. 14, 2008
Nov. 14, 2008
Marylou(,Matas, Esquift'
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for Defendant/Petitioner
SAIDIS,
FFLOWER &
LINDSAY
ATrURNEYS-AT uw
26 West High Street
Carlisle, PA
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ROBERT L. RYAN, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY PENNSYLVANIA
V.
CIVIL ACTION - LAW
NO. 94-1645 CIVIL TERM
IN CUSTODY
ROSE M. REED,
Defendant/Petitioner HONORABLE W. OLER
AFFIDAVIT OF SERVICE
I, Marylou Matas, Esquire, being duly sworn according to law,
hereby deposes and says that on November 15, 2008 she served a
true and correct copy of Petition to Modify Custody upon Robert L.
Ryan, my mailing those documents to the his address at 1629 Trindle
Road, Carlisle, PA 17013 by Certified U.S. Mail, Restricted Delivery,
Return Receipt Requested, as evidenced by the attached U.S. Postal
Service Form 3811, Domestic Return Receipt, the latter of which is
signed by the recipient, Robert L. Ryan.
Respectfully submitted,
SAIDIS, FLOWER & LINDSAY
SAIDIS,
LINDSAY
26 West High Street
Carlisle, PA
Dated: I I/ I -?/ 0 4?
wal
Ma o atas, squire
ID No. 19
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for Defendant
i
4
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
soxhat we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits
1. Ar?Fle Addressed to:
/'Robi L `R krL,
lD /I 'q `Th de?Vs) aa?
A. natu
Agent
X 0 Addressee
g•lved v (p? ) C. Date of Delbyry
D. Is delivery address different from item 1? 0 Yes
if YES, enter delivery address below. A No
3. Service Type
A Certlfied Mail 0 Express Mail
0 Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) Yea
2. Article Number 7008 0150 0001 6187 6198
(Transfer from servke label --
PS Form 3811, February 2004 Domestic Retum Receipt
102595-02-M-1540
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ROBERT L. RYAN, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 94-1645 CIVIL TERM
IN CUSTODY
ROSE M. REED,
Defendant/Petitioner HONORABLE W. OLER
AFFIDAVIT OF SERVICE
I, Marylou Matas, Esquire, being duly sworn according to law,
hereby deposes and says that on November 15, 2008 she served a
true and correct copy of Petition to Modify Custody upon Karen
Reinhart, by mailing those documents to the her address at P.O. Box
62326, Harrisburg, PA 17106 by Certified U.S. Mail, Restricted
Delivery, Return Receipt Requested, as evidenced by the attached
U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of
which is signed by the recipient, Karen Reinhart.
Respectfully submitted,
SAIDIS,
LIlVDSAY
nrron?vs..n:uw
26 West High Street
Carlisle, PA
Dated: 11/ D / fib
SAIDIS, FLOWER & LINDSAY
Maryou a s, Esquire
I D No. 84
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for Defendant
¦ Complete sterns 1, 2, and 3. Also complete
item 4 If Restricted Delivery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the hack of the mailplece,
or on the front If space permits.
1. ArWe Addressed to:
?ie.ihham
- fox Coa.3? ?
A.
X 13 Agent
? Addressee
by ( C.
D. Is delivery address different from Ram I? ? Yes
fl YES, enter delivery address below: NCl
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a VService Type
Mad o
Megistersd D Return Reoelpt for Mera>trfdi..
? Insured man ? cam
4. Resbk-ted Dalivery'I (Extra Fee) Vm
2. ArWeNumber 7008 150 DOOZ 6Zb7 6181
(marts lrgrrr Saradoe fabeD --
PS Form 3811, February 2oo4 Domeelc Pausn Receipt 10259502-WIS40
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ROBERT L. RYAN
PLAINTIFF
V.
ROSE M. REED
DEFENDANT
. IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
1994-1645 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, November 21, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on
Tuesday, December 23, 2008 at 9:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: _ /s/ ohn . Mangan, r. Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
?C I,S ii z h."1 H
•
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR RESPONDENT
ROBERT L. RYAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
ROSE M. REED, : NO. 94-1645 CIVIL TERM
Defendant : IN CUSTODY
REPLY TO PETITION TO MODIFY CUSTODY
AND NEW MATTER
AND NOW comes Autumn Brook Ryan, Respondent, the subject of the above-captioned
custody action, by and through her counsel, Nathan C. Wolf, Esquire, and presents the following
reply to the petition to modify custody and new matter representing as follows:
1. Admitted.
2. Admitted.
3. Admitted in part, denied in part. The contents of paragraph 3 are admitted except to the
extent that from June 2008 until present the respondent, Autumn Ryan, hereinafter
referred to as "Autumn", has resided at 94-R Autumn Lane, East Pennsboro Township,
Cumberland County, Pennsylvania. By way of further response, it is averred that the
Petitioner was aware of Autumn's residence from the time that she moved to said
address.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted with clarification. The contents of paragraph 8 are admitted to the extent that
that Autumn did reside in her mother's primary custody and that her mother was
responsible for decision making until Autumn left her mother's home in May 2008, but
Autumn moved into her mother's home in August 1999, rather than August 1994.
9. Denied as a conclusion of law to which no response is required. However to the extent
a response is required, it is specifically denied that the relief requested serves the best
interests of Autumn, and instead, for the reasons set forth in New Matter contained
herein, such relief would be contrary to the best interests of Autumn.
a. Admitted in part, denied in part. It is admitted that Autumn began seeing an
eighteen year old man when she was age 15 and residing in her mother's home,
however, it is specially denied that Petitioner objected to the relationship at that
time.
b. Admitted.
c. Denied. It is denied that Autumn chose to move out in May 2008. Rather,
Petitioner never requested that Autumn discontinue the relationship, but merely
that her boyfriend not sneak into the house. In fact, Petitioner invited Autumn's
boyfriend to Thanksgiving dinner in November 2007. Petitioner's boyfriend,
David Good told Autumn that she would be moving to her father's residence
due to a physical altercation which Mr. Good had provoked against Autumn's
boyfriend, to which Mother agreed.
d. Respondent is without sufficient information to admit or deny this averment and
therefore strict proof thereof is demanded at trial.
e. Respondent is without sufficient information to admit or deny this averment and
therefore strict proof thereof is demanded at trial.
f. Respondent is without sufficient information to admit or deny this averment and
therefore strict proof thereof is demanded at trial.
g. Respondent is without sufficient information to admit or deny this averment and
therefore strict proof thereof is demanded at trial.
h. Respondent is without sufficient information to admit or deny this averment and
therefore strict proof thereof is demanded at trial.
i. Denied. Petitioner knew where Autumn was living in June 2008, when Autumn
moved to her current address and Autumn notified her mother where she was
living by telephone. By way of further response, Petitioner sent Autumn the sum
of $100.00 in June 2008, however, Petitioner also informed Autumn that she did
not want to have anything further to do with Autumn's care, including her
medical care.
j. Respondent is without sufficient information to admit or deny this averment and
therefore strict proof thereof is demanded at trial. However, by way of further
response Autumn did speak directly to a caseworker from Cumberland County
Children and Youth Services, Tom McClernon, and she confirmed to Mr.
McClemon that she was residing at her current residence and that she did not
wish to return to her mother home.
k. Respondent is without sufficient information to admit or deny this averment and
therefore strict proof thereof is demanded at trial.
1. Denied. It is denied that Petitioner's actions are indicative of a parent who
desires the return of her child to her home. Rather, Petitioner has demonstrated,
through her own words and actions that she did not desire for Autumn to return
to her household. By way of further response, Autumn resided in her mother's
home from 1999, rather than 1994, until 2008.
m. Denied. It is specifically denied that Petitioner is best equipped to provide for
Autumn's needs, rather as set forth in New Matter below, it is averred that
Autumn is best suited to ensure her own needs are met.
n. Denied. Petitioner's beliefs are contrary to her actions in that by her own
admission, Petitioner knew of the living arrangements in September and waited
until November 13, 2008 to file a petition for modification. By way of further
response, Petitioner knew where Autumn was residing in June 2008, and until
asked to contribute to the support of Autumn did not object to Autumn's
residence or living arrangements. Moreover, Autumn is age 16 and has been 16
years old since February 16, 2008, when she still resided in her mother's home.
o. Denied. It is denied that Autumn's welfare, as set forth more fully in the new
matter below, is in jeopardy in any fashion due to her current living
arrangements. Rather Mother's own disregard for Autumn's welfare and
development since May 2008 are the best evidence of Mother's true motivation
in filing the instant petition to modify custody, that being of financial benefit to
herself and to the detriment of Respondent Robert Ryan.
p. Denied, for the reasons set forth in the response to paragraph 8(o) above.
10. Admitted with clarification. By way of further response, see New Matter set forth
below, wherein Autumn Ryan requests that this Honorable Court adjudicate her to be
emancipated from the care of her parents.
11. Admitted, except as set forth in New Matter below.
12. Admitted.
WHEREFORE, Respondent Autumn Ryan, respectfully prays that this Honorable Court deny the
petition of Rose M. Reed, and instead grant relief to Autumn Ryan in the nature of an adjudication
of emancipation, along with any additional relief that the Court deems appropriate and just.
NEW MATTER
13. The responses to paragraphs one to twelve are incorporated by reference as if set forth
fully herein.
14. Respondent Autumn Ryan has been residing at her current address since June 12, 2008.
15. Autumn Ryan is enrolled at East Pennsboro High School as a junior, with the
classification as an unaccompanied minor, and had been enrolled in the Big Spring
School District.
16. Autumn Ryan's grades are generally above- average, with her lowest grade being a "B"
17. Autumn is currently employed at the Giant supermarket in Enola, where she works
approximately 30 hours per week
18. Autumn schedules her own medical appointments and is responsible for co-pays and
prescriptions costs.
19. Autumn has retained legal counsel, in the instant matter, for the purposes of seeking the
Court's adjudication of emancipation.
20. Autumn is responsible for caring for herself within the Reinhart household, including
doing her own laundry, providing her own meals and ensuring that her schoolwork is
completed.
21. Autumn is responsible for arranging transportation to appointments and work by
ensuring that the Reinhart's are notified in advance of her obligations.
22. Autumn is in good health.
23. Autumn pays rent on a weekly basis to the Reinharts in consideration for her residing in
their home.
24. Autumn maintains her own bank account and is responsible for her own financial affairs.
25. Autumn has never been adjudicated delinquent or dependent by a Court of this
Commonwealth.
26. Autumn is covered by her parents' medical insurance, but only because she is not eligible
to apply for coverage in her own name through the Department of Public Welfare or the
Department of Health unless and until she reaches the age of eighteen or this Honorable
Court issues an Order declaring her to be emancipated from the care of her parents.
27. Autumn currently receives no other financial support from either of her parents and
lives independently of them, though Autumn frequently communicates with her father
by telephone.
28. Autumn is unmarried.
29. Autumn has, since June 2008, demonstrated that she is able to support herself through
her employment while still remaining enrolled in and attending school and succeeding
academically.
30. Autumn respectfully submits that she desires to continue to live independently of her
parents and asks that the Court enter an Order granting such relief.
31. Autumn will be 17 years old on February 16, 2009, which at which time, she could
voluntarily withdraw from school, however, Autumn fully intends to not only graduate
from high school but to attend college.
32. The custody Order entered on April 6, 1994 should be vacated as it is no longer
followed and Autumn Ryan should be deemed to no longer be subject to an Order of
Custody.
33. Autumn's best interests and permanent welfare are best served by the entry of an Order
denying the petition for modification filed by her mother, and adjudicating Autumn to
be emancipated from the care of her parents.
WHEREFORE, Autumn Ryan respectfully prays that this Honorable Court enter an Order
denying the petition to modify custody filed by Rose X Reed, vacating the Order for Custody
issued April 6, 1994, and declaring her to be emancipated from the care and custody of her parents,
along with any additional relief deemed appropriate and just.
Respectfully submitted,
WOLF & WW, Attorneys at Law
Dated: December 2008 By
/,lam
Na olf, Esquire
10 W st igh Street
Carlisle, PA 17013
Supreme Court I.D. No. 87380
(717) 241-4436
Attorney for Respondent, Autumn Ryan
VERIFICATION
I do hereby verify that I am the respondent in the foregoing action and that the facts set
forth in this Reply and New Matter are true and correct to the best of my information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unworn falsification to authorities.
December , 2008 OX&WaN) -tl A4,x,
Autumn B. Ryan
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 2414436
ATTORNEY FOR RESPONDENT
ROBERT L. RYAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION - LAW
ROSE M. REED, : NO. 94-1645 CIVIL TERM
Defendant : IN CUSTODY
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on the date indicated below, I caused the foregoing
Reply to Petition and New Matter to be served upon the following parties, by mailing the same via
First Class Mail, addressed as follows:
Robert L. Ryan
1629 Trindle Road
Carlisle, PA 17015
Marylou Matas, Esquire
Saidis Flower & Lindsay, P.C.
26 West High Street
Carlisle, PA 17013
WOLF &
Dated: December 2008
Volf, Esquire
Respondent, Autumn Ryan
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ROBERT L. RYAN IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
: No. 1994-1645 Civil Term
ROSE M. REED
Defendant : ACTION IN CUSTODY
Prior Judge: J. Wesley Oler, Jr., J
COURT ORDER
AND NOW, this day of December 2008, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed that:
I . This Order is entered pursuant to a Custodv Conciliation Conference. A Custody
Hearing is hereby scheduled on the ,,Q 3 AX day of - 2009 at
9 :30 am4lba in Courtroom number / in the Cumberland County Court of
Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in
regard to the physical custody for the subject Children. For purposes of this
hearing, the Mother shall be deemed to be the moving party and shall proceed
initially with testimony. Counsel for each party shall file with the Court and
opposing counsel a Memorandum setting forth each party's position on custody, a
list of witnesses who will be expected to testify at the hearing and a summary of
the anticipated testimony of each witness. These Memoranda shall be filed at
least five days prior to the hearing date.
2. Legal custody: The Mother, Rose M. Reed, and the Father, Robert L. Ryan shall
have shared legal custody of Autumn Brook Ryan, born 02/16/1992. The parties
shall have an equal right to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions regarding
her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309,
each parent shall be entitled to all records and information pertaining to the Child
including, but not limited to, medical, dental, religious or school records, the
residence address of the Child and of the other parent. To the extent one parent
has possession of any such records or information, that parent shall be required to
share the same, or copies thereof, with the other parent within such reasonable
time as to make the records and information of reasonable use to the other parent.
3. Physical Custody: Mother and Father shall have periods of physical custody of
Autumn as the parties may agree and mutually arrange. By all indications,
Autumn appears to be safe and doing well at the residence of the Reinharts and
shall remain there absent agreement otherwise or further Order of Court.
4. Counseling: Mother and Autumn have agreed and are directed to engage in
therapeutic family counseling with a mutually-agreed upon professional.
5. The parents shall have liberal telephone contact with Autumn on a reasonable
basis.
6. Holidays: Father and Mother shall have physical custodial time with Autumn
during the holidays as can be arranged and mutually agreed upon.
7. In the event of a medical emergency, the custodial party, or Autumn's temporary
care givers, shall notify the other parties as soon as possible after the emergency
is handled.
8. During any periods of custody or visitation, the parties, or Autumn's temporary
care-givers, shall not possess or use non-prescribed controlled substances or
consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties, or Autumn's temporary care-givers, shall likewise
assure, to the extent possible, that other household members and/or house guests
comply with this provision.
9. The parties may modify this Order by mutual agreement in writing. In the
absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
J.
Di bution:
lou Matas, Esq.
aniel Wolf, Esq.
4ert Ryan, 1629 Trindle Road, Carlisle, PA 17015
j6hn J. Mangan, Esq.
1
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ROBERT L. RYAN IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROSE M. REED
Defendant
Prior Judge: J. Wesley Oler, Jr., J
: No. 1994-1645 Civil Term
ACTION IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Autumn Brook Ryan 02/16/1992 Neither Mother nor Father
2. An Order of Court was entered pursuant to stipulation on April 6, 1994. A
Conciliation Conference was held on December 23, 2008 with the following
individuals participating:
The Mother, Rose M. Reed, with her counsel, Marylou Matas, Esq.
The Child, Autumn Ryan, with her counsel, Nathaniel Wolf, Esq.
The Father, Robert Ryan, pro se
The current care-givers of the Child, the Reinharts, pro se
3. Mother's position on custody is as follows: Mother had been the primary
care-giver to Autumn for the majority of the Child's life. The Child had been
attending Big Spring School High School. Autumn is currently sixteen (16)
years old and will be seventeen (17) come February 2009. Autumn has a
paramour who is eighteen years old. Autumn had been living with her Mother
until May of 2008. At this point in time, a dispute arose between Mother and
Mother's paramour and Autumn, primarily relating to Autumn having
Autumn's paramour coming to Mother's residence without Mother's
knowledge and having intimate relations with Autumn. Essentially, Mother's
position is/was that Autumn is still a minor and needs to abide by the rules of
Mother's residence. Autumn temporarily left Mother's residence and went to
live with her Father for a brief period of time (a few days). After this,
allegedly, Autumn lived with her paramour in an inappropriate "residence".
A referral was made to Cumberland County CYS and arrangements were
made for Autumn to live with her paramour's parents, the Reinharts. A safety
plan was put into place. Mother has concerns including, but not limited to,
Autumn is not full time employed, she does not have insurance, does not have
a car or license, depends on others to get to work, or she walks late at night
from work and that Autumn is still having sexual relations with Autumn's
paramour. Mother has had very limited contact with Autumn in past seven
months. Mother requests that Autumn return to her care and custody.
4. Father's position on custody is as follows: Father keeps in regular phone
contact with Autumn. Father is not opposed to Autumn remaining in the
Reinharts' household. Father indicates that he is pleased with the way that
Autumn has been acting; specifically, that she is doing well in school,
working and keeping out of trouble. Father apparently has a decent
relationship with the Reinharts.
5. Autumn's position is as follows: Autumn would like to remain with the
Reinharts and Autumn's paramour. Autumn indicates that she has resided
with the Reinharts for approximately seven (7) months. Autumn took the
necessary steps to enroll herself in East Pennsborough School district as an
"unaccompanied minor". Autumn reports that her grades are excellent with
all A's and B's. Autumn reports that she is working over thirty (30) hours per
week and that she is covered by some form of insurance through the
Reinharts. Autumn reports that she is on birth control and is responsible. In
fact, Autumn reports that she would like to be emancipated and that she meets
all of the criteria for being adjudicated an adult. Autumn and Mother agreed
to engage in therapeutic family counseling.
6. The Conciliator recommends an Order in the form as attached scheduling a
Hearing and entering an Order of Court regarding custody as outlined. It is
the Conciliator's belief that this would be in the Children's best interest. It is
expected that the Hearing will require one whole day.
7. The proposed recommended Order may contain a requirement that the parties
file a pre-trial memorandum with the Judge to whom the matter has been
assigned.
Date:
Jo J. Iai gan, Esqu' e
C sto y Conciliator
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ROBERT L. RYAN, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent: CUMBERLAND COUNTY PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 94-1645 CIVIL TERM
IN CUSTODY
ROSE M. REED,
Defendant/Petitioner: HONORABLE J. WESLEY OLER
JOINT STIPULATION TO WITHDRAW AND DISCONTINUE
1. Petitioner, Rose M. Reed, filed a Petition to Modify Custody on
November 14, 2008, requesting primary physical custody of the
child at issue.
2. Respondent, Robert L. Ryan, has not filed an Answer or
Counterclaim; he represents himself pro se.
3. The child at issue filed a Reply to the Petition to Modify Custody
and New Matter, on December 19, 2008, requesting to be
emancipated. As of the date of this Stipulation, the child at issue is
17 years of age.
4. Petitioner, through her counsel, Marylou Matas, Esquire, desires to
withdraw her Petition to Modify Custody.
5. The child, through her counsel, Nathan C. Wolf, Esquire, desires to
withdraw her Reply to the Petition and New Matter.
6. All parties to the actions, including Respondent, have been notified
of the requests to withdraw the matter and have them marked as
- .
discontinued, and desire that the hearing scheduled for March 23,
2009 be cancelled.
IN WITNESS WHEREOF, the moving parties hereto, by and through their
undersigned counsels, intending to be legally bound by the terms hereof, set
forth their hands and seals the day and year hereinafter mentioned.
WITNESSETH:
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Date
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MMAKYW'Q MATA SQUIRE
Attome No. 84919
26 West High Street
Carlisle, PA 17013
(717) 243-6222
OLF, ESQUIRE
=Zy'I?D No. 87380
10 West High Street
Carlisle, PA 17013
(717) 241-4436
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ROBERT L. RYAN,
Plaintiff/Respondent:
V. :
ROSE M. REED,
Defendant/Petitioner:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-1645 CIVIL TERM
IN CUSTODY
HONORABLE J. WESLEY OLER
ORDER
AND NOW, this day of M .;o z L , 2009, upon consideration
of the attached Stipulation of counsel, the Petition to Modify Custody and the
New Matter are withdrawn and discontinued, and the hearing previously
scheduled for March 23, 2009, is cancelled.
Cc: athan C. Wolf, Esquire
X Attorney for Child
rylou Matas, Esquire
Attorney for Petitioner
,/Robert Ryan, pro se
1629 Trindle Road
Carlisle, PA 17015 J
By the Court,
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