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Home My WebLink About06-6788JOHN E. RIFE, JR. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :NO. UL- G78'4' ANGELA YOUNG, Defendant : IN CUSTODY COMPLAINT IN CUSTODY AND NOW, comes the above-named Plaintiff, John E. Rife, Jr., (hereinafter father) by his attorney, Mark A. Mateya, Esquire, and seeks to obtain custody of Draven Rife, born January 13, 2003 ( hereinafter "Child"). 1. Plaintiff is John E. Rife, Jr., an adult individual who currently resides at 420 Third Street, Enola, Cumberland County, Pennsylvania. 2. All legal papers may be served on Plaintiff by service on his Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, PA 17007. 3. Defendant is Angela Young, an adult individual who currently resides at 323 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married at New Cumberland, Pennsylvania on June 29, 2002. 6. Plaintiff and Defendant were divorced on April 29, 2005. 7. Plaintiff seeks partial physical custody of the Child, who currently resides with Plaintiff and Defendant according to an informal shared custody arrangement. 8. Draven Rife was born in wedlock. 9. The child is presently in the custody of Plaintiff at 420 Third Street, Enola, Cumberland County, Pennsylvania. 10. During the past five years the child has resided with the following persons at the following addresses: A. From January 2003 through April 2003, in Dauphin, Pennsylvania, with Plaintiff, John E. Rife, Jr., Defendant, Angela Young, Great Grandmother, Sonia Bendrick and Great Grandfather, Leornard Bendrick, Aunt Tara Rife and cousin, Tyler Reed; B. From May 2003 through May 2004, at 403 S. Baltimore Street, Apt T, Dillsburg, York County, Pennsylvania with Plaintiff and Defendant; C. From May 2004 until January 2005, at 403 S. Baltimore Street, Apt T., Dillsburg, York County, Pennsylvania, with Plaintiff; D. From January 2005 to the present, at 420 3`a Street, Enola, Dauphin County, Pennsylvania, with Plaintiff, Katie Randall Rife, and Sabrina Randall. E. From May 2004 through September 2005, at 323 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania, with Defendant, Defendant's sister, Kimberly Benson, maternal Grandmother Doris Benson, and maternal Grandfather, Skip Benson. F. From September 2005 through November 2005, at Derry Street, Harrisburg, Dauphin County, Pennsylvania with Defendant and Edward Young. G. From November 2005, through September 2006, at 4006 Cheryl Drive, Harrisburg, Dauphin County, Pennsylvania, with Defendant and Edward Young. H. From September 2006 to the present, at 323 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania, with Defendant, Aunt Kimberly Benson, maternal Grandmother Doris Benson, and maternal Grandfather Skip Benson. 11. The father of the child, John E. Rife, Jr., , is currently residing at 420 Third Street, Enola, Cumberland County, Pennsylvania, and he is married. 12. The Mother of the child, Angela Young, is currently residing at 323 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania, and she is married. 13. The relationship of the Plaintiff to child is that of natural father. 14. The relationship of the Defendant to child is that of natural mother. 15. The Plaintiff has not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the child in this or another Court. 16. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or any other state. 17. Plaintiff does not know of a person not a party to this custody proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 18. The best interests and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff is the father of the child. b. Plaintiff has been in the child's life since she was born. c. Plaintiff is remarried and has a stable home where the child has flourished. d. Plaintiff can continue to provide a stable home for the child. e. Defendant's living situation is unstable. f. Defendant and her new husband have had difficulties such that her new husband, Edward Young, has been jailed due to his physical abuse of Defendant; Plaintiff fears for child's safety when with Defendant. WHEREFORE, the Plaintiff requests this Honorable Court award temporary custody to Plaintiff and to schedule a custody conference at the Court's earliest convenience. Respectfully submitted, Date: I ( -?- 16 LU.k Mark A. Mateya, Attorney ID No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax VERIFICATION I, John Earl Rife, Jr., hereby verify that the statements made in the foregoing pleading are true and correct, and further, I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. J Earl Rife, Jr. (I ?v oC Date ca°, J co ° c7 CZ) G JOHN E. RIFE, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELA YOUNG DEFENDANT 06-6788 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 05, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, January 04, 2007 at 10:30 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. All children age five or older may also be present at the conference. 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/ Dawn S. Sunday, Esq. I 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 infonnation 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 -,42 " 46Y b fop -,;z it?'+v!n? x'77 60 --'i !d S- 030 90OZ la•? el 611 no, _? ± lid t' • JOHN E. RIFE, JR. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 06-6788 ANGELA YOUNG, Defendant : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 5th day of December, 2006, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: A Complaint for Custody was filed to the above term and number on November 28, 2006. 2. On November 28, 2006, a certified copy of the Complaint for Custody was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. A copy of the Certified Mail Receipt is attached hereto as Exhibit "A" and is incorporated herein. 3. On November 28, 2006, a certified copy of the Complaint for Custody was sent to the Defendant via first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit `B' and is incorporated herein by reference. 4. On or about December 4, 2006, undersigned counsel for Plaintiff received the Certified Mail Return Receipt which had been previously sent to the Defendant which was signed by the Defendant on November 30, 2006. A copy of the Return Receipt (green card) indicating the delivery of the Certified Mail is attached hereto as Exhibit "A" and is incorporated herein by reference. Respectfully submitted, Mark A. Mateya, uire Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff C3 P M Return Reciept Fee o m Q o A rCLA ,vf r OU r or PO Box No. ------------ Sheet Ap`L Alo 3 . d jj'jj''Ar5 C A a E . R OA D ... 4t ? fe:Z; ; iTL - Ni cs 14 R6 A ......... )705 ,. ?PS Form 3800 June m CERTIFIED T N p^ (Domestic ru "-' Postage $ ?Jasn 7 Q Certified Fee O ??oU Or (Endorsement Required) t' ? A 0 Restricted Delivery Fee ? (Endorsement Required) d `?a Total Postage & Fees ¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent ¦ Print your name and address on the reverse ° Addressee I _..:.so that we can return the card to you. g pea?ived (? ) Date of Delivery ¦ Attach this card to the back of the mailplece, or on the front If space permits. D. Is delivery address different *orrt lDi n 1? 0 Yes 1. Article Addressed to: N M. enter 0 No 3,g3 Cgse?AE o'qD „ o£ CS 8 Uk (?' PA. ? ?°?' Plop MECNRNt 3. ? ? ecelpc for Nlercrt?aies RESTRICTED DELIVERY 4. Restricted Delivery? (Extra Fee) XYes 2. ArtldeNumber 7003 0500 0004 2325 8973 (/?arrsr?r born aertifoe aeeq _ PS Form 3811, February 2004 Domestic Return Reoelpt 1o2sssor-+M 1540 U.S. POSTAL SERVICE CERTIFICATE F MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: A P_4? A . 4 FyA, ?s 0, -B ox AI ofk,,vG 45PtWb s PA !'1007 OXZ&Ek,4 e of ordinary mail addressed to: YO u N G -EA 3 0,45CA-bE R a? D rnECPAA)JP.s 6(4RG- PA )'7b55 • D n N ? y ? N M 0 o Z C r o tO . . < o L a _z Vl O NIJ M UI• GOOOVr__V /? NL Z ° x°N p W 00 -i -. i o n o V O 7 Z W 0 c) 0 m v D PS Form 3817, Mar. 1989 r hJ C2\ r4, cp z _ cc r Leave a Legacy F8 o s17 JOHN E. RIFE, JR. Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ANGELA YOUNG Defendant 06-6788 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /" day of /f a-t, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves and their minor Child to a short form custody evaluation to be performed by Deborah L. Salem or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning on-going custody arrangements which will best serve the needs of the Child. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. The parties shall equally share any costs of the evaluation which are not covered by the Father's insurance. 2. The Father, John E. Rife, Jr., and the Mother, Angela Young, shall have shared legal custody of Draven L. Rife, born January 13, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. Pending completion of the evaluation and further Order of Court or agreement of the parties, the parties shall continue to share having physical custody of the Child under the current biweekly schedule as follows: A. Week I: The Father shall have custody of the Child from Sunday at 7:30 p.m. through Tuesday at 7:30 p.m., the Mother shall have custody from Tuesday at 7:30 p.m. through Friday at 7:30 p.m. and the Father shall have custody from Friday at 7:30 p.m. through Sunday at 7:30 p.m. B. Week II: The Mother shall have custody of the Child from Sunday at 7:30 p.m. through Tuesday at 7:30 p.m., the Father shall have custody from Tuesday at 7:30 p.m. through Friday at 7:30 p.m., and the Mother shall have custody from Friday at 7:30 p.m. through Sunday at 7:30 p.m. ??1 4. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 5. The Mother shall ensure that the Child has no contact, either direct or indirect, with the Mother's husband, Edward Young, at any time. The Mother agrees that she will have no contact with Edward Young outside the context of divorce proceedings. In the event the Mother resumes contact with Edward Young through any means, physical custody of the Child shall be transferred automatically to the Father pending a custody conciliation conference to be promptly scheduled with the conciliator. The parties agree that this provision shall continue in effect as part of the custodial arrangements established through the evaluation process. 6. The Child shall be enrolled for Kindergarten in the East Pennsboro School District where the Father currently resides or, in another school district in which the Father resides at the time of enrollment if the other school district is not located farther than the East Pennsboro School District from the Mother's residence. The parties agree that this provision shall continue in effect as part of the custodial arrangement established through the evaluation process. 7. Within sixty (60) days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc:, Xark A. Mateya, Esquire - Counsel for Father , Hregory S. Hazlett, Esquire - Counsel for Mother JOHN E. RIFE, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-6788 CIVIL ACTION LAW ANGELA YOUNG Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Draven L. Rife January 13, 2003 Father/Mother 2. A custody conciliation conference was held on February 5, 2007, with the following individuals in attendance: the Father, John E. Rife, Jr., with his counsel, Mark A. Mateya, Esquire and the Mother, Angela Young, with her counsel, Gregory S. Hazlett, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator 0 - MAY s 0 2008?.., JOHN E. RIFE, JR. vs. ANGELA YOUNG Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-6788 IN CUSTODY ORDER OF COURT CIVIL ACTION LAW AND NOW, this 44 day of CT - 1,A consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon A hearing is cheduled in Courtroom Number -Y of the Cumberland County Courthouse on the ?S4 day of , 2008 at llp-m., at which time testimony will be taken. For purposes of the hearing he Father, John E. Rife, Jr., shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 10 days prior to the hearing date. BY THE COURT, cc Mark A. Mateya, Esquire - Counsel for Father Gregory S. Hazlett, Esquire - Counsel for Mother ?? jr- Jg'D JOHN E. RIFE, JR. Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-6788 CIVIL ACTION LAW ANGELA YOUNG Defendant IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: I. The pertinent information concerning the Child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Draven L. Rife January 13, 2003 Mother/Father 2. A custody conciliation conference was held on March 4, 2008, with the following individuals in attendance: the Father, John E. Rife, Jr., with his counsel, Mark A. Mateya, Esquire, and the Mother, Angela Young. The Mother's attorney, Gregory S. Hazlett, Esquire, did not attend the conference. 3. This Court previously entered an Order in this matter on February 12, 2007, under which the parties agreed to obtain a custody evaluation by Deborah Salem, and pending completion of the evaluation, the parties had shared physical custody under a rotating bi-weekly schedule. This conciliation conference was scheduled at the Father's request as a follow-up after completion of the custody evaluation. 4. Various options for custodial schedules were discussed at the conference. It was agreed that the conciliator would delay submission of a report and order to give the Mother an opportunity to consult with her counsel and for the parties to continue consideration of the discussed options, including the possibility of returning to the custody evaluator for further clarification of the facts on which the recommendations were based. Subsequently, the conciliator was asked to hold this matter further as the Father's counsel believed that the parties had reached an agreement which was being memorialized in writing. Ultimately, however, the agreement was not finalized and the Father's .._ counsel contacted the conciliator to request that a hearing be scheduled at this time. The conciliator's attempts to contact the Mother's counsel have been unsuccessful. 5. The Father's position on custody is as follows: The Father believes that it would be best for the Child to reside primarily with the Father. The Father indicated that he can provide a more stable environment. The Father believes that the evaluator's recommendations were based on misrepresentations made by the Mother during the evaluation process. The Father believes a primary arrangement would better integrate the Child into his family unit including his wife. 6. The Mother's position on custody is as follows: The Mother believes it would be best for the Child to maintain a more equally shared custodial arrangement preferably on an alternating weekly basis. The Mother indicated her desire to be involved in the Child's school life and not to be limited to weekend periods of custody with the Child. 7. The conciliator recommends an Order in the form as attached scheduling a hearing. It should be noted that the Father requests that the hearing be expedited to minimize the substantial delay which has already occurred due to the parties' efforts at reaching a resolution informally. It is anticipated that the hearing will require at least one-half day. Date Dawn S. Sunday, Esquire Custody Conciliator JOHN E. RIFE, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 06-6788 CIVIL ANGELA YOUNG, Defendant IN CUSTODY ORDER AND NOW, this o274 day of August, 2008, this matter having been called for hearing, on agreement of the parties, it is ordered and directed that: 1. The father, John E. Rife, Jr., and the mother, Angela Young, shall have shared legal custody of Draven L. Rife, born January 13, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. Each parent shall be entitled to have equal access to all records and information pertaining to the child including, but not limited to, school and medical records and information. 2. The father shall have primary physical custody of said child with partial custody in the mother on a two-week rotating schedule beginning with Sunday through Monday morning and Wednesday through Thursday morning of week one (1), and Wednesday to Thursday morning and Friday afternoon into Saturday of week two (2), followed by the Sunday commencing week one (1). 3. The parties shall share holidays as follows: a. Christmas will be divided into two parts. Part A will be from December 23`d through December 24 th at 7:00 p.m. Part B will be from December 24th at 7:00 p.m. through and including all of December 25th. The mother will have Part A in 2008 and the parties will alternate said periods in succeeding years. b. The parties will rotate holidays with the following party having custody in even years: The mother on Memorial Day, the father on the 4th of July, the mother on Labor Day, the father on Thanksgiving, the mother on Easter, and the father on New Year's Day. BY THE COURT, ark A. Mateya, Esquire For the Plaintiff Xngela Young, Pro Se 323 Cascade Road Mechanicsburg, PA 17055 Defendant Am >.• C:) L'i i1 C\1 dLu ' .. //L? "'?•'?+y ... `'T Cxt. L?,t C> JOHN E. RIFE, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 06-6788 CIVIL ANGELA YOUNG, Defendant IN CUSTODY ORDER AND NOW, this //' day of September, 2008, our order of August 27, 2008, is amended to provide that mother's periods of partial custody shall be supervised by one or both of her parents, Norman and Doris Benson. In all other respects, our order of August 27, 2008, shall remain in full force and effect. BY THE COURT, XMark A. Mate a Esquire For the Plaintiff /Angela Young, Pro Se 323 Cascade Road Mechanicsburg, PA 17055 Defendant :rlm ld- P 9// n ON,