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Home My WebLink About01-5752 . . .' Michael S. Travis ill No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717)731-9502 SCOTT A. SIMPSON, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. REBECCA L. SIMPSON, Defendant. ~ No. 2001 -575d.- . : IN CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: I. The Plaintiff is Scott A. Simpson residing at 814A Fairfield Street, Mechanicsburg, Cwnberland County, Pennsylvania 17055. 2. The Defendant is Rebecca L. Simpson residing at 12 E, Glenwood Drive, Cwnberland County, Camp Hill, Pennsylvania 17011. 3. Plaintiff seeks shared legal custody and shared physical custody of the following children: NAME PRESENT RESIDENCE DOB 9/19/91 Stephanie p, Simpson 12 E. Glenwood Drive, Camp Hill, PA 17011 Jacob R. Simpson 12 E. Glenwood Drive, Camp Hill, PA 17011 5/23/96 The children were not born out of wedlock. The children are presently in the custody of Rebecca L. Simpson who resides at 12 E. Glenwood Drive, Camp Hill, PA 17055, Father has custody on Monday, Wednesday, Friday, Saturday, Sunday, then Tuesday and Thursdays on alternating weeks. 1 " Since birth, the children have resided with the following persons and at the following addresses: Persons Addresses Dates Scott and Rebecca Simpson 12 E. Glenwood Drive Camp Hill, P A 17011 9/19/91-2/01 (Stephanie) 5/23/96-2/01 (Jacob) 2/01-4/16/01 (both children) 4/16/01 - date (both children alternating custody) Rebecca Simpson 12 E. G1enwood Drive Camp Hill, PA 17011 Scott and Rebecca Simpson 12 E. G1enwood Drive Camp Hill, PA 17011 and 814 Fairfield Street Mechanicsburg, PA 17055 The mother of the children is Rebecca L. Simpson, currently residing at 12 E. Glenwood Drive, Camp Hill, P A 17011. She is divorced from Father. The father of the children is Scott A. Simpson, currently residing at 814A Fairfield Street, Mechanicsburg, PA 17055. He is divorced from Mother. 4. The relationship of plaintiff to the children is that off ather. The plaintiff currently resides with the children only. 5. The relationship of the defendant to the children is that of mother, The defendant currently resides with the children only. 6. The parties have participated as parties in other litigation concerning the custody of the children in this Court. The parties incorporated a child custody agreement into their Marital Settlement Agreement dated January 10, 2001 attached hereto as Exhibit A. 2 " 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8, The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Plaintiff has participated in the primary care of the children throughout their lives. B. Plaintiff can provide a stable environment. C. Plaintiff can provide a loving home. D. Plaintiff has participated in an alternating 50/50 overnight schedule of physical custody since April of2001. 9. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant him shared legal custody and shared physical custody of the children. submitted, . Travis Attorney for Plaintiff Supreme court ill No. 77399 4076 Market Street, Suite 209 CampHill,PA 17011 (717) 731-9502 3 hE8ECCA L. SIMPSON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 01-95 SCOTT A. SIMPSON Defendant CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this /6 ~ day of Q~_ 2001, by and between REBECCA L. SIMPSON ("Wife"), of Camp Hill, Cumberland County, Pennsylvania and SCOTT A. SIMPSON ("Husband"), of Camp Hill, Cumberland County, Pennsylvania. WITNESSETH WHEREAS, the parties hereto are Husband and Wife, married April 6, 1985 in Mechanicsburg, Cumberland County, Pennsylvania. The parties have two children: Stephanie Paige Simpson, born September 19, 1991 and Jacob Robert Simpson, born January 23, 1996, WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and 'v'\. 'j property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, and the settling of any and all Exhibit A . ~laims and possible claims by one against the other or against their respective estates, as well as any other matters related . hereto. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful 1, AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which may occur subsequent to the date hereof, The parties intend to secure a mutual consent, nO-faUlt divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980, as amended February 12, 1988. 2. EFFECT OF DIVORCE DECREE provided herein, this Agreement shall continue in full force and The parties agree that unless otherwise specifically effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that in 2 ~ the event of absolute divorce between them, they shall . Agreement. nonetheless continue to be bound by all the terms of this J. DATE OF EXECUTION last executing this Agreement. Agreement shall be defined as the date of execution by the party The "date of execution" or "execution date" of this 4. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement, unless otherwise specified herein. 5. CONSENT OF PARTIES/ADVICE OF COUNSEL Husband and Wife acknowledge that they fully understand the facts as to their legal rights and obligations under this James W, Abraham, Esquire, and to HUsband by his attorney, Agreement, which has been explained to Wife by her attorney, Esquire. Husband and Wife acknowledge and equitable and that it is being accept that this Agreement is, under the circumstances, fair and entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, J . ,except as set forth herein as an inducement to the execution of this Agreement, , 7, PERSONAL PROPERTY Except as otherwise stated hereto, Husband and Wife have agreed that their personal property, including any and all motor vehicles and bank accounts, have been divided to the parties' mutual satisfaction and neither party will make any claims to the property in the present possession of the other. 8, REAL PROPERTY: Husband and Wife agree that the former marital residence, located at 12 East Glenn Drive, Camp Hill, Pennsylvania is marital property and shall become the sole and separate property of Wife pursuant to the following terms: A. Wife shall refinance the existing mortgage on the marital residence to remove Husband's name; B. Husband shall sign a deed transferring sole title to Wife at the time of refinancing; c. Upon transferring said title, Wife shall pay to Husband the amount of $15,000 as Husband's equitable share of the marital residence; D. Upon payment of the aforesaid amount to Husband, Husband agrees to immediately and permanently vacate the former marital residence as of the day of receipt of the aforesaid amount and hereby grants Wife permanent and exclusive possession of said residence and forever waives any and all legal or equitable right, title and interest in said residence and/or property. 9, PENSION AND RETIREMENT BENEFITS Husband and Wife agree to forever waive any past, present or future legal or equitable interest and/or claim in any and all 4 pension and/or retirement benefits of the other. Any and all pe~sion and retirement benefits of Husband shall become his sole and separate property; and any and all pension and retirement benefits of Wife shall become her sole and separate property. 10. CUSTODY AND CHILD SUPPORT Husband and Wife agree that the parties shall share legal cu~tody of their children, Stephanie Paige Simpson, born September 19, 1991; and Jacob Robert Simpson, as to all decisions regarding the children's health, education and welfare. Husband and Wife further agree that Wife shall have primary physical custody of said children and said children shall reside with Wife. Husband shall have partial custody of said children as agreed upon by the parties. If the parties cannot agree on Husband's partial custody rights, each party reserves the right to petition the Court of Common Pleas, Cumberland County, Pennsylvania, for a modification of said custody. ~ Further, the children shall not be removed from the Commonwealth of pennsvlvania without Wife's written oermission. In the event the children are removed without said oermission. Husband aarees that this Aareement. and soecificallv this oaraaranh. shall be enforceable bv any state or federal authority in any state or federal iurisdiction and/or venue. Husband and Wife specifically stipulate and agree that the Commonwealth of Pennsylvania, in ~he Court of Common Pleas of Cumberland County, shall retain exclusive juriSdiction and venue of any and all child custody actions between the parties. 5 . and all terms of child support, shall be agreed upon by the ; The amount of monthly child support, as well as any parties. However, each party reserves the right to petition Court of Common Pleas, Cumberland County, Pennsylvania, for child support at any time hereafter. 11. MARITAL DEBTS Husband and Wife agree that the Providian VISA and First Consumer Mastercard are marital debts and each agree to pay $1,300 representing one-half of the total amout due. Husband and wife shall indemnify and hold each other harmless as to said obligation. 12. AFTER ACOUIRED PROPERTY independently of any claims or right of the other, all items of personal property, tangible or intangible, and/or real property, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respect and for all purposes, as though he or she were unmarried. Each of the parties shall hereafter own and enjoy, 13. WIFE'S DEBTS Except as otherwise stated hereto, Wife represents and warrants to Husband that since the date of final separation hereto and since the date of this Agreement, she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible and Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which 6 . Musband or his estate might be responsible. Wife shall indemnify and save harmless Husband from any and all claims or , demands made against Husband by reason of debts or obligations incurred by Wife. 14. HUSBAND'S DEBTS Except as otherwise stated hereto, Husband represents and warrants to Wife that since the date of final separation hereto and since the date of this Agreement, he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible and Husband further represents and warrants to wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband shall indemnify and save harmless Wife from any and all claims or demands against Wife by reason of debts or obligations incurred by Husband. 15. WAIVER OF RIGHTS The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as Amended February 12, 1988, particularly the provisions for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses. Except as otherwise stated hereto, both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony 7 . pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses. , 16. MUTUAT, RELEASE Except as otherwise stated hereto, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (inCluding income and gain from property hereafter accruing) of the other or against the estate of each other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have;or any rights which either party may have or at any time hereafter have for past, present or future spousal support or maintenance, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any prOvision thereof. It is the intention of HUSband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which 8 may arise under this Agreement or for the breach of any provision thereof, 17. WAIVER OR MODIFICATION TO BE IN WRITING A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, 18. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of this Agreement. 19. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. AGREEMF.NT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors and assigns in the interest of the parties. 9 .' " forthwith and within thirty (30) days after demand or due date, 21. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will ; execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree, should be so executed in order to carry out fully and effectively the terms of this Agreement. unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon 22, NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to waiver of strict performance of any other obligations herein, of the same or similar nature, nor shall it be construed as a enforce the same, nor shall the waiver of any subsequent default 23. BREACH the other party shall have the right, at his or her election, to If either party breaches any provision of this Agreement, the party may have, and the party breaChing this Agreement shall sue in law or in equity to enforce any rights and remedies which be responsible for payment of attorney fees and all costs incurred by the other in enforcing his or her rights under this - , Agreement. 10 ." , 24. SEVERABILITY , Agreement shall be determined or declared to be void or invalid If any term, condition, clause or provisions of this in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the provisions herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 25. LAW OF PENNSYLVANIA APPLICABLE laws of the Commonwealth of Pennsylvania. This Agreement shall be construed in accordance with the 26. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 27. DIVORCE The parties hereto agree that their marriage is irretrievably broken and upon the filing of a Complaint in Divorce, pursuant to Section 3301(c) of the Divorce Code, regarding NO-FaUlt Divorce, and the expiration of the ninety (90) day time period in accordance with said Section, the parties 11 j '. , .' " ." . shall sign an Affidavit of Consent and Waiver, and hereby agree to the entry of Divorce, which shall be incorporated, but shall , not merge, therein. IN WITNESS WHEREOF, the parties hereto, have set their hands and seals the day and year first above written. Witness: - L- _Jt~ 0 -J(~~ SCOTT A. SIMPS 12 ,. .. . VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 10 -.3-0( YAn'ld ~W Scott A. Simpson, Pia' tiff .. 1. " -,-lr..- f~~ ~ ~5 r.-~ ~s' z ~ o s: t"-=.) Ci " C:1 :::~~ , S? ::::J Iv ~:_! ('-) >r:"l ,:::i ~J '< 0J C.~ Cd :~ ~.- C: c, C,) >- f--; ~~~? ~r ~~~ . 1 -~I ,~-" C) , ";. :, ,:;Sj !'! ~L :~:.J L) '" .> ~ L ~. 8 - ~ 6 i , I I I I I i -SI \'-'1 r6! , 11-1 _I -I I I ~i ~ I I I ! I , I i I I I il 'I f , , , I i ?I il fl I "1 I' , 'I " 'I II I, li I! [I II [i r , : ti 'I :1 I, :1 II li !I ;1 :11 II !' 'i::i 1;lj ,i ,I ,j ~i H I' )1 1'1 :j 1'1 ' " 'I' i:1 ': i ~i 'I "! 'I iil :1 'I!' ],'! 1'1 , Hi " iti II' il; , iN II' [,j, Iii Iii "Ii .it' :[11 II' ,Ijl ill 'if: 'ii! ' Iii i" IH :Ifl !,I ii, 'I' i, , ,I :1 II 'I , , :i , !i !i, 'I " " il 'I ~i Ii " 'I :1 .i ,I il " 'I 'I 1i' I' I 'I ! !i '..,.1' j :1 :! ;1 ~ !i I :r 11 ., ii :1 !J' , , i; : ;.: il! I" F 'Ii il; i'l Ii III 'I :1\, II 1,1 'i: Iii i.[ , -;1 ~ l i ~ ' ,', ~' J.l1 ' . !I, it! II itl; Iii ill Iii !r 'j: 'II ;ii iii :ii if I 'I' iii 'iU 'I, iii: I. . SCOIT A. SIMPSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 01-5752 CIVIL ACTION LAW REBECCA L. SIMPSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, October 12, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 214 Senate Avenue, Snite 105, Camp Hill, PA 17011 on Monday, November 05, 2001 , the conciliator, at 1:00 PM 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 furnisb 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: Isl Melissa P. Greevy. Esq.. oY' 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~;>-r ~ ~ ~ 10-5/(// - f" C' ~ /-/~ /(7:5/ cJ/ ~~~ ~ ~ 'T~.,PP 1(/:5/-(// 'v'IN'v'^lASNN3d . AlNnm 0N'\f1l::B8~no 9'1 :6 WV S I 130 I 0 "ONn:'li'''' 'I'" .1. Jti..,)(JQ ::,t-! .:10 30H:IQ{)311:l AlN10NOH1'(\';"j' ;'1.11' .10 V~,I. ..11 :J 3:)!:b'O'GI1U ABRAHAM LAW OFFICES 513 NORTH SECOND STREET HA~mt.G,.I'''''..NNSYLVANIA 11111 (717) 231-7125 SCOTT A. SIMPSON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 2001 - 5752 REBECCA L. SIMPSON Defendant CIVIL ACTION - LAW CUSTODY DEFENDANT'S ANSWER TO COMPLAINT AND NOW, comes Defendant, Rebecca L. Simpson, by and through her attorney, James W. Abraham, Esquire, Abraham Law Offices, Harrisburg, pennsylvania and files the following: 1. Admitted. 2. Admitted. 3. Admitted and Denied. It is admitted that Plaintiff (hereinafter "Father") seeks said custody of the children stated therein. It is denied that Father presently has custody every other day and as otherwise stated in paragraph 3, as Defendant (hereinafter "Mother") has always been the primary physical custodian pursuant to the marital settlement agreement and since the parties separation in late January, 2001; except for July, August and September of this year as detailed further below. Paragraph 3 is further denied as Father did not share or alternate physical custody of the children at any time prior to July, 2001; as in early February, 2001, Father had little or no contact with the children as he decided to leave the area, away from Mother and the children, and lived in Florida for almost three (3) months from February through mid-April, after the parties' separation, and had visitation with the children through the end of June, 2001. The remaining averments in paragraph 3 are admitted. 4. - 7. Admitted, 8. Denied. It is denied that the best interests of the children will be served by granting Father shared physical custody as Father has not participated as the primary caretaker of the children; cannot provide a stable environment or a consistent and stable loving home and has not participated in shared or alternating custody since April, 2001. By way of further answer, the best interests of the children will be served by maitaining Mother as the primary physical custodian, as stated in the marital agreement, in that: A. Mother has always been the primary caretaker of the children. B, Mother is more capable of caring for the children on a daily basis as to their daily needs as compared to Father; c. When Father left the area in February, 2001, and the children were in the exclusive care of Mother, the children were emotionally stable, doing well in school and Mother provided a loving, caring, stable and secure family environment; D. Mother is the only stable, reliable and dependable parent and provider for the children; E. Mother has been advised by the children's teacher(s) at school that they can tell a difference with the children after visitation with their Father because they are tired and otherwise lethargic; , . F. Father has unstable emotional and mental tendencies and otherwise fails to properly parent the children as Father: 1) advised Mother in February that he was leaving the area and the children to move to Florida because he was not mentally stable and was having an "emotional meltdown" over the divorce; 2) engages in erratic, obsessive behavior, including but not limited to, extended and prolonged adult internet use; 3) has slept in the same bed with the children; the daughter is ten (10) years old and the son is five (5) years old; 4) continues to tell the children that Mother just has to get over her anger and that they will be getting back together even though the parties have been divorced since April, 2001; 5) allows the children to stay up late at night on a school night and then tells the children to lie to their Mother if she asks why they are so tired; and allows them to stay up until 2:00 a.m. on weekends; 6) has kept the children home from school without justification; 7) fails to provide any parenting and leaves decisions up to the children; 8) continues to upset, disturb and confuse the children by discussing every aspect of the custody action and tells the children what to say to the Judge; 9) continues to give the children false hope that Mother and Father will be getting back together, including but not limited to, telling the children that Mother just has to get over her boyrfriend and they will be back together, causing further emotional distress and confusion for the children; 10) is unable to maintain a steady job. 11) may be continuing to use illegal drugs, . . 12) continues with prescription medication for depression. By way of further answer, after prompting and coaching of the children by Father, Mother reluctantly agreed to shared physical custody of the children in July and August, since there was no school; and due to the begging of the children as prompted and coached by Father, Mother agreed to another month in September, unless the children had problems at school, which they began to have due the aforesaid actions of Father. 9. Admitted. WHEREFORE, Mother respectfully requests Your Honorable Court to grant the following relief: A. maintain primary physical custody of the children with Mother and provide Father with every other weekend visitation, plus one evening per week; B. custody exchanges to take place at curbside and neither parent shall go in to the other's residence or onto the other's property; C. specifically order Father llQt to discuss the custody situation with the children or as to his "relationship" with Mother; and not to sleep in the same bed with the children; D. order Father to submit to drug testing by DNA hair sample; , , E. order the parties to enroll in a parenting seminar. Respectfully submitted: ~~ ~ James w. Abraham, Esq. Abraham Law Offices 513 North Second St, Harrisburg, PA 17101 (717) 232-7825 Attorney for Defendant, Rebecca L. Simpson DATE: 11/1/01 . , . VERIFICATION I, {;::(5fCc.+ h_ S/~ P..s.cM ,the undersigned, hereby verify and confirm that I have reviewed the foregoing document and the statements therein are true and correct to the best of my knowledge, information and belief, I further understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: /0 - /1- () I . CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, do hereby certify that I have served a true and correct copy of the foregoing document, by first class mail, on the date indicated below, to the following person{s) : Michael S. Travis, Esq, 4076 Market St., Suite 209 Camp Hill, PA 17101 ~ DATE: 11/1/01 James W, Abraham, Esquire . o CJ ~ <:. --- --orr (.~ OJ c;~ z(: ~2;~. ~C' -0 ~- -'.' ~Q - j>C,' v..: c ~ .,... -< ...J , . "I~l l( ,.) -T, .-'):2J "-.:.,() 8Cll ..-1 ?D -< NOV 2 0 2001 tAl SCOTT A. SIMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5752 vs. REBECCA L. SIMPSON, Defendant CIVIL ACTION - LAW CUSTODY ~RDER OF COURT -- AND NOW, this 'day of November, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott A. Simpson and Rebecca L. Simpson, shall have shared legal custody of the minor Children, Stephanie P. Simpson, born September 19, 1991, and Jacob R. Simpson, born May 23,1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. 9 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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. 2. Physical Custody. Physical custody shall be arranged as follows: A. To commence November 16, 2001, Father shall have custody on alternating weekends from Friday at 5:00 p.m. until Sunday at 8:30 p.m. B. On the weeks preceding Father's custodial weekend, Father shall have custody from 2:30 p.m. on Tuesday until 8:00 p.m. on Wednesday, which shall be effective November 13, 2001. C. On the weeks preceding Mother's custodial weekend, Father shall have one of two alternating schedules for weekday custody. For example, effective November 7,2001, Father shall have custody from 2:30 p.m. Wednesday until 8:00 p.m. Thursday. Prior to Mother's next custodial weekend, which shall commence November 23, 2001, Father shall have weekday custody from Wednesday at 2:30 p.m. until the Children are returned to school on Friday morning. No. 01-5752 - Civil Term D. At all other times that Father does not have custody, Mother shall have custody. 3. Prior to the next Custody Conciliation Conference, the parties shall attend the Seminar for Separating Parents and provide a certificate of their attendance at the Seminar to the Court. 4. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 5. The parties shall establish a no-conflict zone for the Children. There shall be no discussion of parenting business at the time of custodial exchanges which may take place at curbside. Neither party shall discuss any changes or aspects of the parties' custody dispute in the earshot or in the presence of the minor Children. 6. Transportation. Mother shall provide transportation at the end of Father's custodial weekend and at the end of Father's weekday periods of partial custody which end at 8:00 p.m. For those periods wherein Father's custodial time concludes with the Children arriving at school, Father shall provide transportation. 7. Holidays. A. Thanksgiving. For Thanksgiving 2001, Father shall have custody until 9:00 a.m. Friday, November 23rd. For the remainder of the Children's Thanksgiving school break, the Children shall be in the custody of Mother. B. Christmas. For Christmas 2001 and subsequent odd-numbered years, Father shall have custody from December 24th at Noon until December 25th at Noon. In even-numbered years, Father shall have custody from December 25th at Noon until December 26th at Noon. C. New Year's Day. Father shall have custody from January 1, 2002, at Noon until the Children return to school on January 2, 2002. D. Mother's Day/Father's Day. Custody for Mother's Day shall be with Mother and for Father's Day shall be with Father. The period of custody for these holidays shall be from 8:30 a.m. until 8:30 p.m, E. The parties shall alternate the following holidays: Easter, Memorial Day, Independence Day and Memorial Day, commencing with Father having custody for Easter 2002. No. 01-5752 - Civil Term 8. Telephone Contact. The non-custodial parent shall be entitled to one telephone contact with their Children each evening. 9. Summer. The parties shall share physical custody of the Children during the summer equally with the specifics of the sharing to be agreed upon by the parties. 10. Vacation. Each party shall be entitled to two non-consecutive weeks of vacation to include their custodial weekend subject to thirty-days written notice to the other party. In the event that the parties choose the same week, the party first providing written notice to the other shall have choice of the vacation week. 11. The Custody Conciliation Conference shall reconvene at the office of the Conciliator, Melissa Peel Greevy, Esquire, 214 Senate Avenue, Suite 105, Camp Hill, PA 17011, on January 7,2002, at 11:00 a.m. J. Dist: James W. Abraham, Esquire, 513 N. Second Street, Harrisburg, PA 17101 Michael S. Travis, Esquire, 4076 Market Street, Suite 209, Camp Hill, PA 17011 . .;JJ JI.r:; 1;xs V/Nlilll},SNN3d AlNnoo OM7ii:jf?VVn:J DC:ry f.Id 92 ^O,'i 10 }'1l''i'lONC.irJl (;:,' '::10 jOi~_{::'O'-.(Ij" j! ::.~.! Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT A. SIMPSON, vs. NO. 01-5752 Defendant CIVIL ACTION - LAW CUSTODY REBECCA L. SIMPSON, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Stephanie P. Simpson Jacob R. Simpson September 19, 1991 May 23, 1996 Mother and Father Mother and Father 2. A Custody Conciliation Conference was held on November 5, 2001, with the following individuals in attendance: the Father, Scott A. Simpson, and his counsel, Michael Travis, Esquire; the Mother, Rebecca L. Simpson, and her counsel, James W. Abraham, Esquire. 3. The parties were seen pursuant to Father's Petition filed October 8, 2001, seeking a modification of the present Order to provide for shared legal and shared physical custody. The parties reached an agreement in the form of an Order as attached. / l/;tR /fJ} Date I I (.J/~O Melissa eel reevy, Esquire Custody Conciliator / / SCOTT A. SIMPSON, PLAINTIFF vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-5752 CML REBECCA L. SIMPSON, DEFENDANT : CML ACTION - LAW : CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant, Rebecca 1. Simpson. Respectfully submitted, Dated: I~- /J...- 0/ ABRAHAM LAW OFFICES ~~ James W, Abraham, Esquire PAI.D,#I..f(PJ5:~ 513 North Second Street HarrisburgPA 17101 (717) 232-7825 PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Rebecca 1. Simpson, Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C, Dated: -1,;)-/ [ ~(/ 0 ( Susan Kay C P A I,D. # 6499 5021 EastTrin Suite 100 Mechanicsburg PA 17050 (717) 796-1930 ~- . o ~~. -OC.C fill;', ~i:i ~~~:, r:::C ~ 2:;c ~Q -'"" L- Z ::t o c:J ,'q ~--) :::q ..;;... '-f! ;,) en '-' --I -r.-__ :J:] _.~ '".\~ f' ~) >'\(\/"1'\ \.t.. ~.;!_\'_' .i' f'.' /, -,..t. r" , ' SCOTT A. SIMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-5752 REBECCA L. SIMPSON, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT Guido, J. - AND NOW, this If'" day of January, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of November 28, 2001, shall remain in full force and effect with the following modifications: A. Father shall meet regularly with the school guidance counselor, monitor the Child's homework assignments and completion of homework during his period of custody. B. The parties shall participate in counseling for the purpose of improving their relationship as parents and ability to meet the needs of their Children as they make the adjustment to the family circumstances. Unreimbursed costs of the counseling shall be paid for equally by the parties, pending any future Order of Support which may be entered. C. The parties shall strictly comply with the provisions of Paragraph 4 of the November 28, 2001, Order. D. The return time for the Children at the end of Father's periods of custody shall be 8:00 p.m. E. The holiday provisions of this Order shall supercede the regular schedule. F. Telephone contact shall be arranged for the non-custodial parent at 8:00 p.m. and at such other times as initiated by the Children. In the event that Father is working during the time of the planned telephone contact, it shall be permissible for Father to call the Children on his break from work. 2. The Custody Conciliation Conference previously scheduled for January 7,2002, at 11 :00 a.m. shall be continued, and shall re-convene on January 25, 2002, at 11 :00 a.m., at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 214 Senate Avenue, Suite 105, Camp Hill, Pennsylvania, 17011. , ' Ois\: Edward E. Guido, J. Michael S. Travis, Esquire, 4076 Market Street, Suite 209, Camp Hill, PA 17011 Susan Kay Candiello, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 <<F />>,-<L'-~' "'- I-It... 0:1.. ~. . . ilINVJ\lASNN3d }JNnOO ON\n':!J8!AJnO 2f: :8 !'/d S I NVr 20 ),.b'V1CI\K:: : ,i} . :iO ,j~;LJ'~;O-{i..:._; 'iL:' . . SCOTT A. SIMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5752 vs. REBECCA L. SIMPSON, Defendant CIVIL ACTION - LAW 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Stephanie P. Simpson Jacob R. Simpson September 19,1991 May 23, 1996 Mother Mother 2. A Custody Conciliation Conference was held on December 18, 2001, with the following individuals in attendance: the Father, Scott A. Simpson, and his counsel, Michael S. Travis, Esquire; the Mother, Rebecca L. Simpson, and her counsel, Susan Kay Candiello, Esquire. 3. The parties reached an agreement in the fo an Order as attached. 1J-6rf6/ Date Me Issa Peel Greevy, Esquire Custody Conciliator FEB 2 2 2002 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT A. SIMPSON, vs. NO. 01-5752 Defendant CIVIL ACTION - LAW CUSTODY REBECCA L. SIMPSON, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Stephanie P. Simpson Jacob R. Simpson September 19,1991 May 23, 1996 Mother Mother 2. A Custody Conciliation Conference was reconvened on February 12, 2002. Attending were the Father, Scott A. Simpson, and his counsel, Michael S. Travis, Esquire; and the Mother, Rebecca L. Simpson, and her counsel, Susan K. Candiello, Esquire. The parties discussed minor modifications to the schedule and disciplinary issues. They continue to participate in counseling with Dr. Wallin. The younger Child will begin to see Dr. Wallin on February 18, 2002. In as much as the parents are beginning to be able to make gains in their ability to talk together productively around child custody issues, no additional Custody Conciliation Conference will be scheduled at this time. The parties agreed there would no changes in the present Order at this time. d-./l q,! 6 1-- Llkt~CL..( Melissa Peel Greevy, Esquire Custody Conciliator Date Dist: an K. Candiello, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 iehael S. Travis, Esquire, 4076 Market Street, Suite 209, Camp Hill, PA 17011 '] CopieS ~~ C~...:l.l.-O~ * F:7eJ I'll R-othonJe<ry Fe.- b. ? &. f) OO~ " SCOTT A. SIMPSON, PLAINTIFFIRESPONDENT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2001-5752 CIVIL TERM REBECCA L. SIMPSON, DEFENDANTIPETITlONER : CIVIL ACTION - LAW : CUSTODY ANDNOW,thiS~daYOf M~ consideration of the attached Emergency Petition for Special Relief, it is hereby ORDERED and ... ~~ =;;- ... ~ ~ ~ ~~ ~ :Tt-e C"I ~CI..,. .,.. DIRECfED tNit ill. .. ~oner, K~B~(;CA L. :SIM , SRlUl fia.... fltd) h..e.,d _ Ii , "..~ A.~. I4i~ F},Ju~"",d C....lvd) vf tt..... <YOU (l..) UlJllOf CDU<1ren, S'l~r1tANJ~ P. SlMnSun and , 2002, upon J:.\€!8B K. .!tIMf"B8N. 1.1" fifflt1"ID ffltJ'>l!Mffi a.nd .5IM!e"fffi d.... Plclihl:iffi'R...i>r'nd...no., ~e8I -i A. SA.fPS8N, A~.dl nv. hay., ClUJ' vycnugnr VI$llcu1uII, wun V1snauon III1Uu;:u .v Iv... \~ LV si~ (61 IUUIII(l 8IlIh'J un... (l) <b.J _.8) PlailltitI/~.lll'l1'~A~,,~ i~ ..hI.. ~n ......Ie.. ~iVifi,.",~. tlltlft~!!l ift his rosili_"""..., ...u.plu J ..."""l, ..Mod Ill!Mth, 81uh ~t Ill! i!l all" .8 111'8 . iff.!. JI. !!a'-11ft.. i. b.....!llt /h.d has d.8..IJfi~~ if...... ..1>:1:1J L_ y._";~,,,. tf." b~Jt,; llec~:j:SJues 01 IIIe JUT uu::~ t.,;JUIWCU. I"l ~f 'I (! and,~1 to l;..U V ~'lI(f\ tc). . . i e.PI /Jl/c A aL /5.. --rib VI r Co f 'I /TIe< fJ14/1 31 ~ J. SCOTI A. SIMPSON, PLAINTIFFIRESPONDENT vs. : IN THE COURT OF COMMON PLEA.S : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-5752 CIVIL TERM REBECCA L. SIMPSON, DEFENDANTIPETmONER : CIVIL ACTION - LAW : CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes the DefendantJPetitioner, REBECCA L. SIMPSON, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Finn of Susan Kay Candiello, P.C., and makes the following Emergency Petition for Special Relief. I. DefendantJPetitioner (hereinafter sometimes referred to as "Mother") is REBECCA L. SIMPSON, an adult individual, who currently resides at 12 East Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania, 17011, and has resided in Cumberland County for over two (2) years. 2. Plaintiff /Respondent (hereinafter sometimes referred to as "Father") is SCOTI A. SIMPSON, an adult individual, whose present address is 814A Fairfield Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties hereto are the parents of the following children, STEPHANIE P. SIMPSON, born on September 19,1991, and JACOB R. SIMPSON, born on May 23,1996. 4. The parties' children currently reside primarily with the DefendantJPetitioner at 12 East Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 5. There is a present custody order in effect for these children. There have been several custody conciliation conferences. The current custody order and modifications from the various conciliation conferences are attached hereto and made a part here of at Exhibit "A". 6. Plaintiff/Respondent has experienced significant difficulty maintaining any employment position, even part-time, for most of the parties' marriage and following the parties' divorce on May 2, 2001. 7. Plaintifi7Respondent has had numerous changes in employment positions since returning from Florida and attempting to have visitation with the children, such that the children's schedules are continuously changed and disrupted. 8. Plaintifi7Respondent abruptly went to Florida for two (2) months following the parties' divorce, during which time he had little contact with the children, making only a few telephone calls to them. 9. Since returning from Florida in July, 200 I, Plaintifi7Respondent has resided at his present residence. Plaintiff/Respondent has stated to the children each month for several months he will have to leave his present residence. Recently Plaintiff/Respondent has stated he will have to move June 1,2002. The children worry where Plaintifi7Respondent will live. 10. Plaintiff/Respondent has a history of depression and financial difficulties and had been taking medication for his depression. Plaintifi7Respondent has stated he has not been taking his medication because he states he cannot afford to purchase it and he is not covered by any health insurance as a result of his frequent changes in employment. II. When the children are with Plaintiff/Respondent, the majority of the time Plaintifi7Respondent sits crying and smoking or he goes to "do the laundry" (which is in a basement attachment to Father's rental, but separate from the rental so that the children are not in the same building with Father.) The children wish Plaintiff/Respondent would "do laundry" when they are not there so they are not left alone. They also question how Plaintiff /Respondent does laundry all the time and all the clothes Plaintiff/Respondent has for them never get washed. 12. Plaintiff/Respondent makes continuous derogatory statements about their mother to the children and blaming their mother for everything. 13. For several weeks Plaintiff/Respondent has not had any food or even milk in his home for the children when he takes them overnight. To compensate for his lack of any food, Mother feeds the children before they go to their father's home and Father returns them to Mother's residence before the next meal. 14. The Plaintiff/Respondent allows the children to go outside and do whatever they want without any supervision. Stephanie worries about her younger brother, Jacob, stating she feels it is her job to care for her brother since her father does not. Stephanie will not go anywhere if it would mean Jacob would be alone with the Plaintiff/Respondent for this reason. 15. The children state sometimes they fall asleep in chairs or the sofa and sleep there all night. Other nights the children sleep in bunk beds. The children have complained of being tired, stiff and sore because the Plaintiff/Respondent leaves his bed in the middle of the night and sleeps with them in their small bunk beds. The bunk beds are only constructed for one child and are not large enough for a child and an adult or strong enough to hold the weight of a child and an adult. Stephanie states her father does this because he is lonely and misses them. 16. Plaintiff /Respondent frequently oversleeps. As a result Plaintiff/Respondent drops the children at Mother's residence in clothes from the day before, without a bath, teeth brushed or any hygiene, without breakfast. and without homework completed. Mother and children must scramble to get the children to school. This greatly upsets the children. Stephanie had practiced and wanted to be a cheerleader. As a result of Father's actions and failure to wake up in a timely manner, when Father knew of the children's scheduled activities, Stephanie was brought late to her Mother for her cheerleading tryouts and despite Mother's encouragement simply would not go. Stephanie was upset for some time following that incident. That same moming, Jacob, as a result of Father's oversleeping, missed attending an Easter egg hunt he had been looking forward to and he too was very upset. 17. PlaintifflRespondent frequently either does not arrive at the child care giver at the appropriate time or will just "show up" at some unusual time in the middle of the day. Plaintiff/Respondent has been belligerent and rude with the child care giver and her husband to the point the child care giver and her husband do not want PlaintifflRespondent to have any interactions with them. 18. The children are able to tell Mother where she is at any given time when they are not with her. They state their Father drives around until he finds Mother's car. 19. Father has made the statement ifhe cannot have Mother he will have his children. 20. PlaintifflRespondent has not had any telephone service for several weeks. When the children are with Father they cannot call Mother, Mother cannot ca11 them, nor would Father have any way of making any emergency telephone calls to anyone. 21. Plaintiff/Respondent is very short tempered with the children. He has shaken Jacob by the shoulders so that Jacob complained he was sore from when Daddy shook him. Plaintiff/Respondent has thrown things and verbally lashed out at the children when the children are with him and he is frustrated. 22. The parties' children are extremely afraid for and afraid ofPlaintifflRespondent. They can see he is not healthy. The children tell their Father they do not want to be with him, but depending upon Plaintiff/Respondent's mood at the moment, he will respond by making the children feel guilty for not being nicer to him, or he might become very angry and yell into their faces blaming Mother for everything that is wrong. 23. When faced with visitation with their father, the children cry and state they do not want to go with their father. Stephanie has frequent stomach aches when visiting her father. On several occasions Father has taken the children to his vehicle screaming and crying and driven off with the children screaming and crying at the windows looking for their mother. 24. Father's visitation will increase to fifty percent (50%) at the end of school for the summer school vacation. 25. Father has threatened Mother not to contact her attorney or to take this to court or she will regret it and she had better "watch her back". 26. For the following reasons, DefendantlPetitioner fears for the safety of her children if the PlaintifflRespondent is able to continue overnight visitation and extended periods of visitation with the children: a. PlaintifflRespondent does not have a stable residence and could be moving June 1,2002; b, Plaintiff/Respondent has no food for the children; c. PlaintifflRespondent has no telephone service. The children are not able to contact their mother or anyone in case of an emergency; d. Plaintiff/Respondent does not supervise the children and direct their activities in a safe and appropriate manner, and frequently leaves them alone; e. PlaintifflRespondent has demonstrated symptoms of psychological difficulties and is not taking his medication. PlaintifflRespondent has mood swings, is withdrawn and depressed, and does not act appropriately when the children are in his custody causing the children to be very upset and fearful of being with their father in his present mental state and present environment. The children have been requesting for some time not to go with their father; f. PlaintifflRespondent does not interact with the children in an appropriate manner, speaking about adult matters and making derogatory comments about their mother creating significant amounts of guilt in these children; g. PlaintifflRespondent, for a variety of reasons, is not able to provide the children with any stability in their lives, whether it relates to doing their homework or getting them to an activity or school on time; h. PlaintifflRespondent takes no interest nor does he assist or participate in any manner with the children's homework, school activities, extracurricular activities, activities with their friends, anything or anyone the children are involved with. If these issues are raised by the children and/or Mother, Father is very defensive and confrontational. In fact, PlaintifflRespondent interferes in a variety of ways with the children's activities in these areas; i. PlaintiIDRespondent has threatened Defendant/Petitioner against taking these matters to court, saying to the Defendant/Petitioner "she will regret it and she had better watch her back!"; j. PlaintiIDRespondent's father has also threatened Mother and makes extremely derogatory statements about Mother in the presence of the children; k. Defendant/Petitioner is fearful for the safety of her children every time PlaintiIDRespondent takes them in his vehicle and assumes responsibility for their safety. Defendant/Petitioner is fearful something will happen to her children when PlaintiIDRespondent leaves them alone and unsupervised. Defendant/Petitioner is fearful Plaintiff/Respondent will hurt her children in some manner when PlaintiIDRespondent is angry and upset and her children will not be able to call for help; 1. PlaintiIDRespondent demonstrates symptoms he is not healthy and needs assistance and treatment to get well so he can be a father to his children. 27. Defendant/Petitioner believes it is in the children's best interest for her to have Full Legal and Primary Physical Custody of the children at this time for the following reasons: a The children need to be in a safe environment, in a stable home, appropriately supervised, receive a nutritionally sound diet, sleep in their beds, have adult supervision, clean clothes, baths, and all the other basic necessities of life; b. The children need to be able to participate in their activities and play with their friends without fear of what their father might do or when he might show up and embarrass them and take them; c. It is not in the children's best interests to be exposed to their father when he has significant health problems and brings many adult issues and concepts into the children's lives, which are inappropriate and confusing for their psychological weIl- being. Mother does not want the children to be without their father, but at this time being with Father is damaging to the children; d. Mother has great love and concern for her children and will take whatever actions are necessary to protect them. WHEREFORE, Defendant/Petitioner, REBECCA L. SIMPSON, respectfully requests that this Honorable Court enter an order giving Defendant/Petitioner Full Legal and Primary Physical Custody of the two (2) minor children, STEPHANIE P. SIMPSON and JACOB R. SIMPSON. Further that the PlaintifflRespondent, SCOTT A. SIMPSON, shall have the ability to have visitation and contact limited to only four (4) to six (6) hours and no overnights with these children until he is able to make significant changes in his residence, employment, and health, is able to provide a safe environment and has developed the ability to provide the basic necessities of life for these children. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELW, P.e. Dated: May.3Q., 2002 Susan Kay Can Counsel for Defi PA J.D. #64998 5021 East Triodle Road Suite 100 Mechanicsburg PA 17050 (717) 796- I 930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa C.S.A. ~4904 relating to unsworn falsification to authorities. DATED: t 5: cJ B . D.;}.... ~bif/Ll !jL~ CCA L, SIMPSON I . , EXHIBIT "A" ~Qrz 2 2602 SCOTT A. SIMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-5752 REBECCA L. SIMPSON, Defendant CIVIL ACTION - LAW 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Stephanie P. Simpson Jacob R. Simpson September 19, 1991 May 23, 1996 Mother Mother 2. A Custody Conciliation Conference was reconvened on February 12, 2002. Attending were the Father, Scott A Simpson, and his counsel, Michael S. Travis, Esquire; and the Mother, Rebecca L Simpson, and her counsel, Susan K. Candiello, Esquire. The parties discussed minor modifications to the schedule and disciplinary issues. They continue to participate in counseling with Dr, Wallin, The younger Child will begin to see Dr. Wallin on February 18, 2002. In as much as the parents are beginning to be able to make gains in their ability to talk together productively around child custody issues, no additional Custody Conciliation Conference will be scheduled at this time. The parties agreed there would no changes in the present Order at this time. Date 0lJt 1,(6 7- uw~o--.( Melissa Peel Greevy, Esquire Custody Conciliator Dist: Susan K. CandielJo, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 Michael S. Travis, Esquire, 4076 Market Street, Suite 209, Camp Hill, PA 17011 f!:lM II ;j ", Yf- SCOTT A. SIMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 01-5752 REBECCA L. SIMPSON, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT Guido, J. - AND NOW, this If" ~ day of January, 2002, upon consideration of the attached Custody COhciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of November 28, 2001, shall remain in full force and effect with the following modifications: A. Father shall meet regularly with the school guidance counselor, monitor the Child's homework assignments and completion of homework during his period of custody. B, The parties shall participate in counseling for the purpose of improving their relationship as parents and ability to meet the needs of their Children as they make the adjustment to the family circumstances. Unreimbursed costs of the counseling shall be paid for equally by the parties, pending any future Order of Support which may be entered. C. The parties shall strictly comply with the provisions of Paragraph 4 of the November 28, 2001, Order. D. The return time for the Children at the end of Father's periods of custody shall be 8:00 p.m, E. The holiday provisions of this Order shall supercede the regular schedule, F. Telephone contact shall be arranged for the non-custodial parent at 8:00 p.m. and at such other times as initiated by the Children. In the event that Father is working during the time of the planned telephone contact, it shall be permissible for Father to call the Children on his break from work. 2. The Custody Conciliation Conference previously scheduled for January 7,2002, at 11 :00 a.m, shall be continued, and shall re-convene on January 25, 2002, at 11 :00 a.m., at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 214 Senate Avenue, Suite 105, Camp Hill, Pennsylvania, 17011. Edward E. Guido, J, Dist: Michael S. Travis, Esquire, 4076 Market Street, Suite 209, Camp Hill, PA 17011 Susan Kay Candiello, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 In ;;;;;*'Q.~#:- Prot >mfJtar i '. SCOTT A. SIMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-5752 REBECCA L. SIMPSON, Defendant CIVIL ACTION - LAW 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 Children who are the subject of this litigation is as follows: . NAME DATE OF BIRTH i CURRENTLY IN CUSTODY OF I Stephanie P. Simpson Jacob R. Simpson September 19, 1991 May 23, 1996 Mother Mother 2, A Custody Conciliation Conference was held on December 18, 2001, with the following individuals in attendance: the Father, Scott A. Simpson, and his counsel, Michael S. Travis, Esquire; the Mother, Rebecca L. Simpson, and her counsel, Susan Kay Candiello, Esquire. 3. The parties reached an agreement in the fo an Order as attached. I d-6t16/ Date Me Issa Peel Greevy, Esquire Custody Conciliator ~. SCOTT A. SIMPSON, . . !'lO\f 2 0 2001 Lt Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-5752 REBECCA L. SIMPSON, Defendant CIVIL ACTION - LAW CUSTODY ~RDER OF COURT ~. AND NOW, this 'day of November, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custod~. The parties, Scott A. Simpson and Rebecca L. Simpson, shall have shared legal custody of the minor Children, Stephanie p, Simpson, born September 19, 1991, and Jacob R. Simpson, born May 23, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion, Pursuant to the terms of Pa. C. S. ~ 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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. 2. Physical Custody. Physical custody shall be arranged as follows: A. To commence November 16,2001, Father shall have custody on alternating weekends from Friday at 5:00 p.m, until Sunday at 8:30 p.m. B. On the weeks preceding Father's custodial weekend, Father shall have custody from 2:30 p,m. on Tuesday until 8:00 p.m. on Wednesday, which shall be effective November 13, 2001. C, On the weeks preceding Mother's custodial weekend, Father shall have one of two alternating schedules for weekday custody. For example, effective November 7, 2001, Father shall have custody from 2:30 p,m. Wednesday until 8:00 p,m. Thursday, Prior to Mother's next custodial. weekend, which shall commence November 23, 2001, Father shall have weekday custody from Wednesday at 2:30 p.m. until the Children are, returned to school on Friday morning, , No. 01-5752 - Civil Term D. At all other times that Father does not have custody, Mother shall have custody. 3, Prior to the next Custody Conciliation Conference, the parties shall attend the Seminar for Separating Parents and provide a certificate of their attendance at the Seminar to i the Court. 4. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 5. The parties shall establish a no-conflict zone for the Children. There shall be no discussion of parenting business at the time of custodial exchanges which may take place at curbside. Neither party shall discuss any changes or aspects of the parties' custody dispute in the earshot or in the presence of the minor Children. 6. Transportation, Mother shall provide transportation at the end of Father's custodial weekend and at the end of Father's weekday periods of partial custody which end at 8:00 p.m. For those periods wherein Father's custodial time concludes with the Children arriving at school, Father shall provide transportation. 7. Holidays. A Thanksgiving. For Thanksgiving 2001, Father shall have custody until 9:00 a,m. Friday, November 23rd. For the remainder of the Children's Thanksgiving school break, the Children shall be in the custody of Mother, 8. Christmas. For Christmas 2001 and subsequent odd-numbered years, Father shall have custody from December 24th ,at Noon until December 25th at Noon. In even-numbered years, Father shall have custody from December 25th at Noon until December 26th at Noon, C. New Year's Day. Father shall have custody from January 1, 2002, at Noon until the Children return to school on January 2, 2002. D. Mother's Day/Father's Day. Custody for Mother's Day shall be with Mother and for Father's Day shall be with Father. The period of custody for these holidays shall be from 8:30 a.m. until 8:30 p.m. E, The parties shall alternate the following holidays: Easter, Memorial Day, Independence Day and Memorial Day, commencing with Father having custody for Easter 2002. " No. 01-5752 - Civil Term 8. Telephone Contact. The non-custodial parent shall be entitled to one telephone contact with their Children each evening, 9. Summer. The parties shall share physical custody of the Children during the summer equally with the specifics of the sharing to be agreed upon by the parties. 10. Vacation. Each party shall be entitled to two non-consecutive weeks of vacation to include their custodial weekend subject to thirty-days written notice to the other party, In the event that the parties choose the same week, the party first providing written notice to the other shall have choice of the vacation week. 11. The Custody Conciliation Conference shall reconvene at the office of the Conciliator, Melissa Peel Greevy, Esquire, 214 Senate Avenue, Suite 105, Camp Hi/J, PA 17011, on January 7, 2002, at 11:00 a.m. J. Dist: James W. Abraham, Esquire, 513 N. Second Street, Harrisburg, PA 17101 Michael S. Travis, Esquire, 4076 Market Street, Suite 209, Camp Hill, PA 17011 '. SCOTT A. SIMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-5752 REBECCA L. SIMPSON, Defendant CIVIL ACTION - LAW 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 Children who are the subject of this litigation is as follows: NAME DA TE OF BIRTH CURRENTLY IN CUSTODY OF Stephanie P. Simpson Jacob R. Simpson September 19, 1991 May 23, 1996 Mother and Father Mother and Father 2. A Custody Conciliation Conference was held on November 5,2001, with the following individuals in attendance: the Father, Scott A. Simpson, and his counsel, Michael Travis, Esquire; the Mother, Rebecca L Simpson, and her counsel, James W. Abraham, Esquire. 3. The parties were seen pursuant to Father's Petition filed October 8, 2001, seeking a modification of the present Order to provide for shared legal and shared physical custody. The parties reached an agreement in the form of an Order as attached. I/I;(p 1fJ! Date I I ( --l/~0 Melissa eel reevy, Esquire Custody Conciliator 7 / f2 ;:s U~~:- ( ) i'-. 1-1. (_.' ("') j;l -:> ~ '1S :r- c J ~ >- :r--- ~ !:.;; :~~.~ ~ ('0 ~ -"-"? ~ ..,:, ..,- ( \ '.~? ..-....-'; 0 <~ ~ ":f" /~ 0 , ~ -' ~ .'.__1 U L'.- (l~ , ,-~~ ,. ...~ .' SCOTT A. SIMPSON, PLAINTIFFIRESPONDENT V8. REBECCA L. SIMPSON, DEFENDANTIPETITIONER TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-5752 CML TERM : CIVIL ACTION - LAW : CUSTODY Please file the attached Affidavit of Service, for the Emergency Petition for Special Relief and May 31, 2002 Order of Court, in the court file for the above captioned custody matter. Dated: June~, 2002 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIEll..O, P.c. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND I, Edmund J. Gagliardi, served a 5: v "'...(./9..... So '. upon.#O S Co i'I A, _.....2.1-11 P SI9/IJ ,by handing said .s'u 1J\o1V1 DN S to 1-11 ~ personally at L/71:Y , (J{.,tJ GJ$n-VSf3~~<lb-l<fJ, \:AM.fJ I~/\..(I 'fA County, Pennsylvania, on :dj fIIf$o-z, at -.J '/0 f:.m. ~.l~ pennsylvania State Constable Cumberland County I hereby verify that the above information is true and correct. I understand that this verification is subject to the penalties of 18 Pa. C,S.A 4904, relating to Unsworn Falsification to Authorities. , , , , () c: -:::';'" :'.:;". -""1-'.": n~(; -;;;00 -, ...::.- ..~ %c. G') ~~ ..... ,.' ~c~ ~8 z =2 (:;:) r...} '- ~::; I .r.-' C' J... ';..? "', Ul =-r:-..: ~ ", SCOTT A. SIMPSON, PlaintifflRespondent v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5752 CIVIL TERM REBECCA L. SIMPSON, DefendantJPetitioner CIVIL ACTION - LAW IN CUSTODY ANSWER TO EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes the PlaintifflRespondent, Scott A. Simpson, by and through his counsel, Susan M, Kadel, Esquire, of James, Smith, Durkin & Connelly LLP and avers the following in response to Petitioner's Emergency Petition for Special Relief. 1. Admitted. 2. Admitted. 3. Admitted. 4. No response required. The custodial arrangement is as set forth in the Court's Order of November 28, 2001 and appended to the Emergency Petition. 5. Admitted. 6. Denied. Respondent was employed for 14 and one half years at the same company throughout the parties' marriage. He was promoted to a supervisory position, which he maintained until the facility closed in February of 1999. He then took a position in another field and quit that position after five months as it was not suitable for him. Respondent obtained employment at Verizon and was employed in that position for ten months until he was laid off; along with 2,600 other employees, He then took a position for Exel and, as he was not earning a sufficient income, began employment with Select Medical seven weeks ago, It is a temporary position that will lead to a full time position at the end of a ninety day probation period. 7. Denied. There have been no "attempts" for Respondent to visit with his children, Rather, he has had regular and continuous and significant custody of the children pursuant to the Custody Order which is attached as Exhibit "A" to the Emergency Petition. Currently, he has the children on alternating weekends and two weekdays. This is significant time with the children and it has been continuous. His employment has not had any effect on the custodial arrangement. g, Denied. The parties separated in January of2001 and divorced in May of2001. Following the separation, Respondent went to Florida to stay with his family as Petitioner indicated there was a possibility to reconcile if she had some time alone. Respondent was in constant contact with the children and the Petitioner. In fact, Petitioner became irritated with Respondent because she believed that he called the home too frequently while he was away. Respondent returned from Florida in April of 200 1 and the Custody Orders previously referred to were entered after that time. 9. Denied. The Respondent returned from Florida in April 2001 and since July 2001 he has resided at his present residence. Respondent will not be moving on June 1, 2002 nor did he advise the children of the same. On several occasions, he indicated to them that he could not afford to engage in certain activities with them because the rent needed paid. 10, Denied. Following the parties' divorce, Respondent visited his family physician where he saw a nurse practitioner. He was given Zoloft for mild situational depression which he took for a period of three weeks. He stopped taking the medication as he felt it had addressed his problem, Respondent has not stated that he has not been taking his medication because he 2 .-~"''''-~- ,'.-..--..-.."..--,....__,___,____~_____..__....u",_~._..,.,,_.,.___._.".__~._...., cannot afford it. Interestingly, in her Answer to the Custody Complaint originally filed by Respondent on October 8, 2001, Petitioner argues that Respondent shall not have custody of the children because he "continues with prescription medication for depression". 11. Denied. Certainly, since the parties' separation, there have been times when the children have witnessed Respondent crying, however, it has not been more than brief periods of time over the course of the past year. Respondent is a pack-a-day smoker and while he will smoke in the presence of the children, as he did during the marriage, he does not sit and smoke for hours at a time as alleged by Petitioner. With regard to the laundry, the laundry room is directly beneath the apartment and on occasion the Respondent must do the laundry for himself and the children. This is for very brief periods of time and has no effect whatever on the time that he is able to spend with the children, 12. Denied. 13, Denied, The children have never gone without eating a meal while in Respondent's care. While Respondent may not have the selection and quantity of food that is available at Petitioner's house, he does provide the children with nutritious meals while they are at his home. 14. Denied. Respondent and the children spend very little time in his apartment when they are with him for periods of custody. They are normally out doing activities together. The children spend very little time outside of the apartment without Respondent's direct involvement. This has always been the case, even when the parties were married. Respondent advises that his daughter, Stephanie, has gone quite a few places without Jacob while in his custody and she does not seem to give it a second thought. 3 15. Denied. There have been four (4) instances over the past year when the children and Respondent have fallen asleep on the couch and/or the recliner chair. All of these instances were on weekends and occurred when they were watching movies and fell asleep. Other than the four instances referred to above, the children sleep in their beds. The children have begged Respondent to sleep with them at various times and he has agreed to do so when they are persistent. 16. Denied. Respondent begins work at 8:00 a,m. and has never been late for work nor does he frequently oversleep. The children are dropped off by Respondent at 7:30 a.m. at Petitioner's home which is upon request of the Petitioner. Petitioner also requested that the children be returned in their pajamas rather then having Respondent dress the children and he agreed to her request. With regard to the cheerleading tryout "incident", it is completely inaccurate, On that occasion, the evening before Stephanie's cheerleading tryouts, Respondent, in agreement with Petitioner, dropped Stephanie off at a girlfriend's house for a sleepover, The morning after the sleepover, Petitioner picked up Stephanie and took her home. Apparently, Stephanie stayed up late and slept on the floor and was tired the next day. Respondent had absolutely nothing to do with her condition or her failure to attend cheerleading tryouts. With regard to the Easter egg incident, Jacob who was staying at Respondent's home, decided he did not want to go to the Easter egg hunt and advised Respondent of the same, 17. Respondent works until 5:00 p,m. It takes approximately 17 minutes for Respondent to get to the babysitter's home. The schedule was fine until the babysitter needed to leave early for baseball and softball games this spring. As Respondent did not have the ability to leave work early and adjust his schedule, as does Petitioner, Petitioner volunteered to pick the 4 children up at the babysitter's home and Respondent could then pick the children up from Petitioner's home. Accordingly, Respondent picks the children up from Petitioner's home not the babysitter's home. Respondent has never shown up at the babysitter's house without a phone call. Respondent has called to ask whether it was possible to take his son to the park for lunch and has gotten the babysitter's permission so as not to cause confusion with her schedule. He has always been kind and considerate to the babysitter and she has never expressed any problem with him. Respondent has learned that his father, has on one (1) occasion addressed an issue with the babysitter over an incident involving he and the children. However, the Respondent has no control over his father's behavior. 18. Denied. Last year, there was a brief period of time where the parties were attempting to reconcile and there was turmoil in the parties' relationship. There were several occasions where Respondent did look for Petitioner's car at her paramour's home. He never indicated to the children that he was doing so. 19, Denied. Respondent has told the Petitioner that if the two of them cannot be together then at least he can be with the children fifty percent of the time. 20. It is true that Respondent is temporarily without a phone, however, as he lives in an apartment his upstairs neighbor has indicated that if he needs to make a call, emergency or otherwise, he may certainly do so. Also, he and the children use the pay phone which is down the block in order to make phone calls. He anticipates that the phone situation is temporary and his service should be activated shortly. 5 21. Denied. There have certainly been times when Respondent has disciplined the children, as has Petitioner. He has not ever rendered excessive physical force and is certainly entitled to discipline his children when they are in his custody. 22. Denied. The children have never indicated that they are afraid of Respondent and they have never indicated to him that they do not want to be with him. 23. Denied. Normally, when Respondent picks up the children they are smiling and give their father hugs and kisses. When Petitioner picks up the children from Respondent's residence they are ready to go. When Respondent picks up the children at Petitioner's home, he normally has to wait as she does not have the children ready and they are usually playing in the neighborhood. At that moment, it is up to the Respondent to pull the children from their activities with their friends and there are times that they do not want to go. It is submitted that it is only when Petitioner does not have the children ready for their periods of custody that there is any conflict. 24. Admitted. 25. Denied, Respondent has never made this comment to Petitioner. 26. Denied. It is denied that the children are in danger when they are with the Respondent and he believes that there is no reason not to continue the custodial arrangement as is currently in effect; a. Denied. The Respondent has lived at the same location for almost one year and has no plans to move from that location; b. Denied. The children are fed all meals while in the custody of Respondent; 6 c. Admitted. It is admitted that the Respondent has no telephone in his apartment. It is denied that either the children or he are not able to contact anyone in the case of an emergency; d. Denied; e. Denied. Respondent took medication for depression for a three week period. This does not demonstrate symptoms of psychological difficulties and is not currently prescribed any medication; f. Denied; g. Respondent does, in fact, do homework with the children and the children's grades have not been effected since the parties' separation. Also, Respondent is involved in Jacob's T-Ball games and practices and has only missed one game since the season started, He also works with Jacob's coach. He has also taken the children to school functions and on some occasions the Petitioner was not present; h. Denied, as stated above in 26 (g.); I, Denied; J. Denied. Respondent has no control over his father and has no knowledge of his interactions with the Petitioner; k. Denied. Respondent does not leave the children alone and unsupervised nor has he ever hurt the children; l. Denied. Respondent's health is fine and it is unclear how Petitioner could assume otherwise. 7 27, It is denied that it is damaging or harmful for the children to be with their father as set forth in the current Court Order. Respondent also has great love and concern for the children and believes that their best interests dictate continuance of the current Court Order. WHEREFORE, PlaintifflRespondent, Scott A. Simpson, respectfully requests that this Honorable Court deny the Petitioner's Emergency Petition for Special Relief and continue the Court Order as set forth in the November 27, 2001 Order of Court. Respectfully submitted, c&u!~ Attorney for PlaintifflRespondent, Scott A. Simpson James, Smith, Durkin & Connelly LLP Post Office Box 650 Hershey, PA 17033 (717) 533-3280 Attorney J.D. No. 44837 8 . VERIFICATION I, Scott A Simpson, verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /!LJ 10'7 y~ (}, Jj...A.~ v 11'"",- Scott A Simpso;"---Y -- - . .-..........---......-....-.....------.-.....--". _.."'...._,.---.........._..._._.._-~,._."......._.._,_.. . . SCOTI A. SIMPSON, PlaintifflRespondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-5752 CIVIL TERM REBECCA L. SIMPSON, DefendantJPetitioner CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Durkin & Connelly, attorney for the PlaintifflRespondent, Scott A. Simpson, hereby certify that I have served a copy of the Answer to Emergency Petition for Special Relief on the following on the date and in the manner indicated below: U.S. MAIL. FIRST CLASS. PRE-PAID and VIA FACSIMILE Susan Kay Candiello, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 JAMES, SMITH, DURKIN & CONNELLY DATE: ~ L/; 6(0(/2- By: S A ey for PlaintifflRespondent Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 9 " :~r: =,J -, LL ('.1 o 0 ...::r 2: '-. =-=-...::r: O",,) <'-);7( (_:~ ::J ';,~:G5 :'J2: T.--::'" --'-+ L_. ,1J LLl '1.l 0- "';:;' ~'5 b -:.: ~n } c . ~ SCOTT A. SIMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-5752 CIVIL TERM CIVIL ACTION - LAW REBECCA L. SIMPSON, Defendant CUSTODY IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 5th day of June, 2002, after hearing, the Emergency Petition for Special Relief requesting that overnight visitation be suspended is DENIED. It is further ordered and directed that the parties shall not discuss their legal difficulties vis-a-vis each other with the children under any circumstances whatsoever. The father is further directed not to sleep with Stephanie, even if she requests it. Father is also directed to give mother the phone numbers of the next door neighbor to be used only in an emergency situation. He is further directed to have the children call their mother at least once per day when they are in his custody. When father has phone service reinstated, mother shall then have the children call father once a day when they are in her custody. Pending the conciliation, if the parties are unable to agree upon the summer time shared visitation, it . shall alternate on a weekly basis beginning at 8:00 on Sunday evenings. By the Court, Susan Kay Candiello, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 For Defendant/Petitioner Susan M. Kadel, Esquire James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 For Plaintiff/Respondent :mae ~~4'llo:J., 2>.~ /",:;" JUL 2 2 2002~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. 01-5752 CIVIL TERM SCOTT A, SIMPSON, v. CIVIL ACTION - LAW REBECCA L. SIMPSON, IN CUSTODY Defendant GUIDO, J. --- ORDER OF COURT AND NOW, this ,.~tA day of July, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott A. Simpson and Rebecca L. Simpson, shall have shared legal custody of the minor children, Stephanie P. Simpson, born September 19,1991 and Jacob R. Simpson, born May 23,1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children 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. 2. Custody During Summer. To commence on June 30, 2002 at 8:00 p.m. the parties shall have physical custody shared on a week-on week-off basis with the custodial exchange to take place on Sunday evenings at 8:00 p.m. 3. Custody During the School Year. Father's periods of custody during the school year shall be on Tuesdays and Thursdays from after work until 8:00 p.m. Additionally, Father shall have alternating weekends from Friday after work until Sunday at 8:00 p.m. Father's school year custodial weekends shall commence on Friday, September 6, 2002. 4. In the event that Father is able to obtain adequate housing within the school district within 60 days of the date of the Custody Conciliation Conference, the parties agree the Conference may reconvene to address changes in the school year custodial schedule. At that time, the parties contemplate that Father will be seeking to have 50/50 custody with overnights on school nights. Adequate housing shall be deemed to include an apartment or home with separate bedrooms for each child. NO. 01-5752 CIVIL TERM 5. Transportation. The parent receiving custody will provide transportation. 6. Homework. On the school nights during which Father has periods of partial custody, Father shall be responsible to supervise and assist the children in completing their homework assignments. Father shall meet regularly with the school guidance counselor, monitor the children's homework assignments and completion of homework during his periods of custody. 7. Counseling. The children shall continue to participate in counseling which they are presently receiving through Guidance Associates. The parents shall participate as requested by the children's therapist. 8. The parties shall not discuss their legal difficulties vis-a-vis each other with the children under any circumstances whatsoever. The Father is further directed not to sleep with Stephanie, even if she requests it. 9. The parties are directed to give each other the telephone numbers where they can be reached in an emergency situation. The parties are directed to have the children call the non-custodial parent at least once per day. 10. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 11. Christmas. Holidays shall supersede other provisions of this Custody Order. For Christmas 2002 and subsequent even numbered years, Mother shall have custody from December 24th at noon until December 25th at noon. In odd numbered years, Mother shall have custody from December 25th at noon until December 26th at noon. 12. New Year's Day, Father shall have custody from January 1st at noon until the children return to school. 13, Mother's Day / Father's Day. Custody for Mother's Day shall be with Mother, and custody for Father's Day shall be with Father. The period of custody for these holidays shall be from 8:30 a.m. until 8:30 p.m. .' NO. 01-5752 CIVIL TERM 14. Holidays. The parties shall alternate the following holidays: Easter, Memorial Day, Independence Day and Labor Day. The parties acknowledge that Father has traded Independence Day 2002 for Labor Day 2002. For this holiday, Father shall have custody from Sunday at 5:00 p.m. until Monday at 5:00 p.m. 15. Thanksgiving. Thanksgiving holiday 2002 was not addressed at the Custody Conciliation Conference. However, it is noted that Father had custody for Thanksgiving Day until the Friday following Thanksgiving at 9:00 a.m. Counsel for the parties shall work out an arrangement to share the Thanksgiving holiday 2002 and subsequent years. In the event the parties are not able to determine a schedule through counsel, counsel may contact the Conciliator for assistance. 16. Vacation. Each party shall be entitled to two (2) non-consecutive weeks of vacation to include their custodial week. BY THE Dis!: /Susan M. Kadel, Esquire, PO Box 650, Hershey, PA 17033 ,..Susan Kay Candiello, Esquire, 5021 Trindle Road, Mechanicsburg, PA 17055 v . la;;-O:J .~ \t~J\/;\lASNt,8d I '""'\ -.-',n' '~"'Alnr"\ J\l..l\lti/,_;' . '\ ',' :,'::~t::n ioJ Ii '1 :8 tJU ." ilZ lnf lO J.H11C::-! _..'r~,.i.~',.' . ::::-;1 ..c: :1:'O-(]:nu '" ::l'J JUL 2 2 2002 ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. 01-5752 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY SCOTT A. SIMPSON, v. REBECCA L. SIMPSON, Defendant 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Stephanie P. Simpson Jacob R. Simpson September 19,1991 May 23, 1996 Mother Mother 2. A Custody Conciliation Conference was held on June 25, 2002 upon referral from the Court. Present for the conference were the Father, Scott A. Simpson, and his counsel, Susan Kadel, Esquire; the Mother, Rebecca L. Simpson, and her counsel, Susan Kay Candiello, Esquire. 3. The parties fourth Custody Conciliation Conference was held on June 25, 2002. At the Custody Conciliation Conference, the parties worked out a plan for sharing physical custody during the summer and a plan for the upcoming school year. Additionally, the parties reached an agreement that would provide for an additional Conciliation Conference if Father is able to relocate within the children's school district within 60 days of the date of the Conference. The parties also reached an agreement to make minor modifications to the holiday schedule. 7/f(~/D~ Date : 160642 .. ~- ex ) (~~ c::.: ; ( Co": <~ , , A..,.. "~ ....~-~ ~, ~-. , '. " ." . (~5 (" ..,. 6 t.O f./) I ;:~ l.Li _A";? .--' :?~:: ~ LL .. ._1.1 I.LJ -', ,,'0 Cl- '-," ~ J ,.,,.:;: t ('.) ::::> 0 0 0 , Scott A. Simpson V :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW :NO, 5752 CIVIL 2001 Rebecca L. Simpson Defendant :CUSTODYNISITATION PET\TI9N FOR N!ODIFICATION OF A CUSTODY The Petition of Scott A. Simoson respectfullt represents: 1. That on Julv. 23 2002 ,Judge Edward Guido entered an order concerning the custody of minor child/children Steohanie P. Simoson and Jacob R. Simoson A true and correct copy of the order is attached to this petition. 2. The order should be modified as follows: Week 1 Father picks children up from mother's residence at 6:30PM on Tuesday Mother icks children u from father's residence at 6:30PM on Thursda Week 2 Father picks up children from school on Tuesday Mother icks u children from father's residence on Sunda at 8PM. Fathers work schedule is as follows: Week 1 Mon Tue Wed Thurs Fri Sat Sun 6AM-6PM 6AM-6PM Off Off 6AM-6PM 6AM-6PM 6AM-6PM Week 2 r Man Tue I Wed Thurs I Fri Sat Sun r 6AM-6PM 6AM-6PM I Off Off I Off Off Off Note: Father requests the Conciliation meeting take place on a Wednesday or Thursday since these are his scheduled days off. WHEREFORE, Petitioner requests that the Court modify the existing custody order, because it will be in the best interest of the children. yf.l~ ().~ Petitioner . I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa.C.S. 4904 relating to unsworn falsification to authorities. 'O/'f02- I Date ~ () \!(r Pe Itioner SCOTT A. SIMPSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 01-5752 CIVIL ACTION LAW REBECCA L. SIMPSON DEFENDANT IN CUSTODY ORDER OF COlJRT AND NOW, Wednesday, October 23, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, November 18, 2002 at 8:30 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/ Melissa P. Greevy. Esq. r 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. IFYOUDONOT HA VB 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4'~ -1?:?? ~ ~ ~ l(J' b-e.o; r--- ~ fJ r,... 4W ;PP I:?J<"a' )JNn~fJ~~.:i~:~!Y}~, , ,:.",>'"'}I"'I''' .,c_",;/'! (...) i ~ :2 Ud 6 Z lJO 2:0 Afj'ii.C: I:. c,'" "j. c'j DfVz 2DD2 SCOTT A. SIMPSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-5752 CIVIL TERM v. CIVIL ACTION - LAW REBECCA L. SIMPSON, IN CUSTODY Defendant GUIDO, J. --- ORDER OF COURT AND NOW, this c.( *"'" day of N~ 2002, upon consideration of the attached Custody Conciliation Summary Report and it appearing the parties need a hearing, it is hereby ordered and directed as follows: 1. This Court's previous Order of July 23, 2002 shall remain in full force and effect, pending the hearing, with the following modifications. A. Thanksgiving. For the Thanksgiving holiday in even numbered years, Mother shall have custody from Wednesday after school until Monday at 8:00 p.m. Father shall have custody for Thanksgiving in odd numbered years from Wednesday after school until Monday at 8:00 p.m. B. Easter. In odd numbered years Mother shall have custody for the Easter holiday for the period from Thursday after school until Monday at 8:00 p.m. In even numbered years Father shall have custody for the Easter holiday for the period from Thursday after school until Monday at 8:00 p.m. 2. A hearing is scheduled in Courtroom Number ~ of the Cumberland County Courthouse, on the 1~ day of r-c;.,.~ ~) , 200~, at I: ~ eJ o'clock L.M., at which time testimony will be taken. For the purposes of the hearing, the Father, Scott A. Simpson, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro 5e shall file with the Court and opposing counsel/party 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 ten days prior to the hearing date. BY Edward E. Guido, J. Dist: "".scott A. Simpson, 418 W. Lisburn Road, Mechanicsburg, PA 17055 to'fJ.JK' ~ ....Susan Kay Candiello, Esquire, 5021 Trindle Road, Mechanicsburg, PA 17055 ) 'U . ~ c\- (\\0> 0 J2.05-0a R,/? VtNV;\lASNN3d )J.NnOJ Oi\r71YJ8r~no LZ :8 WV S- :130 20 Ab'VlCi'~C:UO'::j:~iil jO 30U~O-i}31d DEe ~02 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5752 CIVIL TERM SCOTT A. SIMPSON, v. CIVIL ACTION - LAW REBECCA L. SIMPSON, IN CUSTODY Defendant 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Stephanie P. Simpson Jacob R. Simpson September 19, 1991 May 23, 1996 Mother Mother 2. The parties were seen for their fifth Custody Conciliation Conference on November 20, 2002 which was scheduled following Father's October 18, 2002 filing of a Petition for Modification of a Custody (sic). The most recent Order is dated July 23, 2002. Attending the Custody Conciliation Conference were the Father, Scott A. Simpson, who appeared pro se; the Mother, Rebecca L. Simpson, and her counsel, Susan Kay Candiello, Esquire. 3. The parties were not able to reach an agreement with regard to the Father's request for 50/50 shared physical custody of the children. Therefore, the present Order will remain in effect with agreed upon modifications related to Easter and Thanksgiving holidays, pending a hearing. 4. Father would like to be more involved with the children and share the responsibility in participating in their daily life and education. He is presently employed on a two week rotating schedule. During Week One he works flrOm 6:00 a.m. to 6:00 p.m. every day except Wednesdays and Thursdays. During Week Two he works from 6:00 a.m. to 6:00 p.m., but only on Mondays and Tuesdays. Father is presently living with the Paternal Grandfather in Mechanicsburg. Father's probationary periiod for his new employment with Fry Communication will end in January 2003. He hopes to become a permanent employee at that time. NO. 01-5752 CIVIL TERM 5. Mother is willing to provide Father with additional custodial time during the summer when the children are not in school. However, she is unwilling to allow him any periods of custody during the school year which would include the children staying in his home overnight preceding a school day. She believes the children are now feeling secure and comfortable with the routine and custodial schedule and does not want to lose that sense of security for the children. Mother claims that she has changed her work schedule five times since February to accommodate changes in Father's employment circumstances. She is now working in a position where she has the opportunity for a promotion. Her employer has allowed her to work late on some days when Father has custody so that she can leave work at 2:30 p.m. on other days and have the children not have to go to a baby- sitter after school. Mother reports that the frequent changes in schedules have caused her problems with her employer and she is concerned about making yet another request for change in the custodial schedule. Mother continues to bel concerned that Father will not manage to get the children to school on time and that thEl children would be missing the opportunity to ride on the school bus with friends if they were allowed to stay overnight with Father on a school night. 6. Expert witnesses: None expected. 7. Anticipated length of hearing: Y2 day. );j ~ tIo:2-J Date ( j.f,:;J//tlp--i ~sa Peel Greevy, Esquire Custody Conciliator : 165456 SCOTT A. SIMPSON, Plaintiff/Petitioner vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-5752 REBECCA L. SIMPSON, DefendanURespondent : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Scott A. Simpson, by and through his attorneys, Purcell, Krug and Haller, and files the following Petition for Modification of Custody: 1. Petitioner is Scott A. Simpson (hereinafter "Father"), father of the minor children, Stephanie P. Simpson (DOB: 09/19/91) and Jacob R. Simpson (DOB: 01/23/96). Father currently resides at 204 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Rebecca L. Simpson (hereinafter "Mother"), mother of the aforementioned minor children. Mother resides 12 East Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Custody is presently governed by Orders dated July 23,2002 and December 4, 2002. 4. Petitioner requests that the Order be modified to provide him with additional periods of overnight visitation. It is in the best interest of the children to have additional overnight visits with their Father. Petitioner has attempted to resolve this directly with Mother, but she has been unresponsive to his requests. WHEREFORE, Father respectfully requests this Honorable Court to modify the existing Custody Order. PURCELL, KRUG AND HALLER By: ichole M. .0. 79866 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Date: [).f J(:/OL.j -2- VERIFICATION I, if~ tJ ~ ' Plaintiff in the within action, hereby verify that the facts contained in the foregoing Petition for Modification of Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. M#(}. ~~, DATE: -z.{~6/0'f CERTIFICATE OF SERVICE. I, TRICIA KOWALCZYK, an employee of the law firm of Purcell, Krug & Haller, counsel for Plaintiff/Petitioner, hereby certify that service of the foregoing PETITION FOR MODIFICATION OF CUSTODY was made upon the following by First Class Mail, Postage Prepaid on a-a 5 -04- Susan Kay Candiello, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17055 Attorney of Record for Defendant ~l?<~ Tricia Kowalczyk ~~ ~ 8 . ~ - 8 ~ ~ 6' -u 6' ..0 ~ CY ~ ~ (") ~c.; '" c'> c;:) ~ -" (TJ OJ 1'0 -.J C) ,1 --1 'r Rlf"D 3',:2.') _.J_.,"" ()(1..) ::J.:.r, i,1.~~ .l .<. r SCOTI A. SIMPSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-5752 CIVIL ACTION LAW REBECCA L. SIMPSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 02, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cmillsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyue, P A 17043 on Monday, April 12, 2004 , the conciliator, 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. An 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 an existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Greevy, Esq. Custody Conciliator v 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 omce. An 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 ~ $.v.~ ~ ~ 4r;71:I ~ ~ ,t'. ~ ~?t, .6,;Jr.,t ~~.-.: ~ ~ ~ ~ AV'-E'E _._~ c?;zr-- ~'V' , . VlNV/\lASNN3d UNn"" ,'I". "'j ,-~" n'" I U,.)",t";~' k':.-:itid v IS: II HV f; - ~VW ~002 ,J,i:i\i.i.CNOHlOcd 3H1 :10 -'", '-/"-"3-1.:1 .:1,..JJ:>..I,.;u_ j, SCOIT A. SIMPSON, PLAINTIFFIRESPONDENT : IN THE COUIIU OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2001-5752 CIVIL TERM REBECCA L. SIMPSON, DEFENDANT/PETlTIONER : CIVIL ACTION - LAW : CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO.NGT HAVE A LAWYER OR CANNOT AFFORD ONJ!!:, GO TO OR TELEPHONE THE OFFlQ!: SET FORTH BELOW TO FIND OUT Wm::RE YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Services 213A North Front Street HarrisburgPA 17101 (800) 932-0356 SCOTT A. SIMPSON, PLAINTIFFIRESPONDENT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-5752 CIVIL TERM REBECCA L. SIMPSON, DEFENDANT~ETnnONER : CIVIL ACTION - LAW : CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the DefendantJPetitioner, REBECCA L. SIMPSON, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Petition for Modification of Custody Order upon a cause of action of which the following is a statement: I. The DefendantJPetitioner, REBECCA L. SIMPSON is who presently resides at 12 East Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania, 170 II. 2. The PlaintifflRespondent is SCOTT A SIMPSON, who currently resides at 204 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania, 170 II. 3. DefendantJPetitioner seeks to continue Shared Legal Custody and continue Primary Physical Custody of the following children, with PlaintifflRespondent having Partial Physical Custody: Name Present Residence Date of Birth Stephanie P. Simpson 12 East Glenwood Drive Mechanicsburg, P A September 19, 1991 Jacob R. Simpson 12 East Glenwood Drive Mechanicsburg, P A May 23, 1996 4. The children were born during the parties' marriage. 5. Stephanie P. Simpson and Jacob R. Simpson arll presently in the Primary Physical Custody of the DefendantlPetitioner. 6. During the past four (4) years, the children have resided with the following person at the following address: Name(s) Address ~ Plaintiff 12 East Glenwood Drive Camp Hill, P A 1998 to Present 7. The mother of the children is DefendantlPetitioner, who presently resides at 12 East Glenwood Drive, Camp Hill, Pennsylvania, 170 II. 8. The father of the children is Plaintifi7Respondent who currently resides at 204 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 9. Plaintiff and Defendant are divorced, both are single. 10. The relationship of the DefendantIPetitioner to the children is that of natural mother. DefendantlPetitioner currently resides with her fiance, Gary Olson. 11. The relationship of the PlaintifflRespondent to the children is that of natural father. The Plaintiff currently resides with his fiance, Sunny Quackenbush. 12. DefendantlPetitioner has participated as a party in a prior custody agreement concerning the custody of the children. The court, term and number, and its relationship to this action are as follows: the court was Cumberland County, the docket number is 2001-5752, the result were two (2) custody orders dated July 23, 2002 and Decl:mber 4, 2002, which are attached hereto and made a part hereof as Exhibit "A". 13. DefendantIPetitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth at this time. 14. DefendantIPetitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. DefendantIPetitioner has great love and concern for her children's physical, educational and psychological safety and well-being; B. DefendantlPetitioner has always been the children's primary caregiver; C. DefendantlPetitioner has always maintained the same home, providing a stable, safe environment, providing for the children's medical, dental, vision and psychological needs including medical insurance; D. During the marriage and since the parties' separation and divorce, the PlaintifflRespondent has initially engaged in numerous '~mployment positions, but has been unable to maintain any employment position for more than a few months; E. Since the parties' separation and divorce the ]~laintifflRespondent has relocated his residence every few months while changing the individual with whom the Plaintiff/Respondent was residing with each new move; F. Since the parties' separation and divorce the PlaintifflRespondent has and continues to be emotionally unstable; G. As a direct result of the overall instability in the Plaintift7Respondent's life, the parties' children have suffered psychological and sometimes physical abuse from the Plaintift7Respondent; H. The children have stated they are afraid of the PlaintifflPetitioner and do not wish to visit with the Plaintift7Respondent for extended periods of time; 16. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, DefendantJPetitioner, REBECCA L. SIMPSON, requests this Honorable Court continue SHARED LEGAL CUSTODY of the children between the DefendantJPetitioner and the Plaintift7Respondent and continue, PRIMARY PHYSICAL CUSTODY of the minor children, STEPHANIE P. SIMPSON and JACOB R. SIMPSON, in the DefendantJPetitioner, REBECCA L. SIMPSON, with PARTIAL PHYSICAL CUSTODY of the minor children, STEPHANIE P. SIMPSON and JACOB R. SIMPSON in the PlaintifflRespondent, SCOTT A. SIMPSON. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: April fL 2004 ~ san Kay C , Counselfor. lain~lf PAI.D. # 998 5021 East Tnn e Road Suite 100 Mechanicsburg PAl 7050 (717) 796-1930 VERIFICATIm~ The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief This verification is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. DATED ''Ie 13- 0'1 ~i;;;~ntJ ~ EXHIBIT "A" Jue 2 2 2DOt V SCOTT A. SIMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5752 CIVIL TERM v. REBECCA L. SIMPSON, CIVIL ACTION - LAW Defendant IN CUSTODY GUIDO, J. m AND NOW, this J3~ day of July, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: ORDER OF COURT 1. Legal Custody. The parties, Scott A. Simpson and Rebecca L. Simpson, shall have shared legal custody of the minor children, Stephanie P. Simpson, born September 19. 1991 and Jacob R. Simpson, born May 23, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extl3nt 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. 2. Custody During Summer. To commence on June 30, 2002 at 8:00 p.m. the parties shall have physical custody shared on a week-on week-off basis with the custodial exchange to take place on Sunday evenings at 8:00 p.m. 3. Custody During the School Year. Father's periods of custody during the school year shall be on Tuesdays and Thursdays from after work until 8:00 p.m. Additionally, Father shall have alternating weekends from Friday after work until Sunday at 8:00 p.m. Father's school year custodial weekends shall commence on Friday, September 6, 2002. 4. In the event that Father is able to obtain adequate housing within the school district within 60 days of the date of the Custody Conciliation Conference, the parties agree the Conference may reconvene to address changes in the school year custodial schedule. At that time, the parties contemplate that Father will be seeking to have 50/50 custody with overnights on school nights. Adequate housing shall be del3med to include an apartment or home with separate bedrooms for each child. io)~,III' l.fU' '5 C:~ llll , NO. 01-5752 CIVIL TERM 5. Transportation. The parent receiving custody will provide transportation. 6. Homework. On the school nights during which Father has periods of partial custody, Father shall be responsible to supervise and assist the children in completing their homework assignments. Father shall meet regularly with the school guidance counselor, monitor the children's homework assignments and completion of homework during his periods of custody. 7. Counseling. The children shall continue to participate in counseling which they are presently receiving through Guidance Associates. The parents shall participate as requested by the children's therapist. 8. The parties shall not discuss their legal difficulties vis-a-vis each other with the children under any circumstances whatsoever. The Father is further directed not to sleep with Stephanie, even if she requests it. 9. The parties are directed to give each other the telephone numbers where they can be reached in an emergency situation. The parties are directed to have the children call the non-custodial parent at least once per day. 10. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 11. Christmas. Holidays shall supersede other provisions of this Custody Order. For Christmas 2002 and subsequent even numbered years, Mother shall have custody from December 24th at noon until December 25th at noon. In odd numbered years, Mother shall have custody from December 25th at noon until December 26th at noon. 12. New Year's Day. Father shall have custody from January 1st at noon until the children return to school. 13. Mother's Day / Father's Day. Custody for Mother's Day shall be with Mother, and custody for Father's Day shall be with Father. The period of custody for these holidays shall be from 8:30 a.m. until 8:30 p.m. NO. 01-5752 CIVIL TERM 14. Holidays. The parties shall alternate the following hOlidays: Easter, Memorial Day, Independence Day and Labor Day. The parties acknowledge that Father has traded Independence Day 2002 for Labor Day 2002. For this holiday, Father shall have custody from Sunday at 5:00 p.m. until Monday at 5:00 p.m. 15. Thanksgiving. Thanksgiving holiday 2002 was not addressed at the Custody Conciliation Conference. However, it is noted that Father had custody for Thanksgiving Day until the Friday following Thanksgiving at 9:00 a.m. Counsel for the parties shall work out an arrangement to share the Thanksgiving holiday 2002 and subsequent years. In the event the parties are not able to determine a schedule through counsel, counsel may contact the Conciliator for assistance. 16. Vacation. Each party shall be entitled to two (2) non-consecutive weeks of vacation to include their custodial week. Edward E. Guido, J. Dist: Susan M. Kadel, Esquire, PO Box 650, Hershey, PA 17033 Susan Kay Candiello, Esquire. 5021 Trindle Road, Mechanicsburg, PA 17055 SCOTT A. SIMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5752 CIVIL TERM v. REBECCA L. SIMPSON, CIVIL ACTION - LAW IN CUSTODY Defendant 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRE:NTL Y IN THE CUSTODY OF Stephanie P. Simpson Jacob R. Simpson September 19,1991 May 23, 1996 Mother Mother 2. A Custody Conciliation Conference was held on June 25, 2002 upon referral from the Court. Present for the conference were the Father, Scott A. Simpson, and his counsel, Susan Kadel, Esquire; the Mother, Rebecca L. Simpson, and her counsel, Susan Kay Candiello, Esquire. 3. The parties fourth Custody Conciliation Conference was held on June 25, 2002. At the Custody Conciliation Conference, the parties worked out a plan for sharing physical custody during the summer and a plan for the upcoming school year. Additionally, the parties reached an agreement that would provide for an additional Conciliation Conference if Father is able to relocate within the children's school district within 60 days of the date of the Conference. The parties also reached an agreement to make minor =dlfi"'tlo", to the hoUd', "hedo'e. ~ ~~ 7!/~/DcZ.- 1ffiP~ Date M lissa Peel Greevy, Esquire C stody Conciliator : 160642 [lE~ ZOll? SCOTT A. SIMPSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-5752 CIVIL TERM v. CIVIL ACTION - LAW REBECCA L. SIMPSON, IN CUSTODY Defendant GUIDO, J. .- ORDER OF COURT AND NOW, this ~ day of November, 2002, upon consideration of the attached Custody Conciliation Summary Report and it appearing the parties need a hearing, it is hereby ordered and directed as follows: 1. This Court's previous Order of July 23, 2002 shall remain in full force and effect, pending the hearing, with the following modifications. A. Thanksgiving. For the Thanksgiving holiday in even numbered years, Mother shall have custody from Wednesday after school until Monday at 8:00 p.m. Father shall have custody for Thanksgiving in odd numbered years from Wednesday after school until Monday at 8:00 p.m. B. Easter. In odd numbered years Mother shall have custody for the Easter holiday for the period from Thursday after school until Monday at 8:00 p.m. In even numbered years Father shall have custody for the Easter holiday for the period from Thursday after school until Monday at 8:00 p.m. 2. A heari~J.s scheduled in Courtroom Number 5 of the Cumberland County CA>urthouse, on the ~ day of Jll.J'11 (\ P..~, 20~, at J :00 o'clock ~.M., at which time testimony will be taken. For e purposes of the hearing, the Father, Scott A. Simpson, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro 5e shall file with the Court and opposing counsel/party 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 ten days prior to the hearing date. ~UE COpy FROM RECORD III Testtmony....i1"reof, I here unto set my hand :d thesal 01 said Court ~ Carlisle, Pa. ~~.& Olsl. Scott A. si~s~~~J1fiw:~~. Mechanicsburg, PA 17055 Susan Kay Candlello. Esquire. 5021 Trlndle Road, Mechanlcsburg, PA 17055 BY THE COURT: / sl tdW()}dJ~ [ J/:i I ; tin , Edward E. Guido, J. rnll:,T'ICi. ..... . ! ni((.51~J6~ SCOTT A. SIMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5752 CIVIL TERM v. CIVIL ACTION - LAW REBECCA L. SIMPSON, IN CUSTODY Defendant 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Stephanie P. Simpson Jacob R. Simpson September 19, 1991 May 23, 1996 Mother Mother 2. The parties were seen for their fifth Custody Conciliation Conference on November 20, 2002 which was scheduled following Father's October 18, 2002 filing of a Petition for Modification of a Custody (sic). The most recent Order is dated July 23, 2002. Attending the Custody Conciliation Conference were the Father, Scott A. Simpson, who appeared pro se; the Mother, Rebecca L. Simpson, and hel" counsel, Susan Kay Candiello, Esquire. 3. The parties were not able to reach an agreement with regard to the Father's request for 50/50 shared physical custody of the children. Therefore, the present Order will remain in effect with agreed upon modifications related to Easter and Thanksgiving holidays, pending a hearing. 4. Father would like to be more involved with the children and share the responsibility in participating in their daily life and education. He is presently employed on a two week rotating schedule. During Week One he works from 6:00 a.m. to 6:00 p.m. every day except Wednesdays and Thursdays. During Week Two he works from 6:00 a.m. to 6:00 p.m., but only on Mondays and Tuesdays. Father is presently living with the Paternal Grandfather in Mechanicsburg. Father's probationary period for his new employment with Fry Communication will end in January 2003. He hopes to become a permanent employee at that time. NO. 01-5752 CIVIL TERM 5. Mother is willing to provide Father with additional custodial time during the summer when the children are not in school. However, she is unwilling to allow him any periods of custody during the school year which would include the children staying in his home overnight preceding a school day. She believes the children are now feeling secure and comfortable with the routine and custodial schedule and does not want to lose that sense of security for the children. Mother claims that she has changed her work schedule five times since February to accommodate changes in Father's employment circumstances. She is now working in a position where she has the opportunity for a promotion. Her employer has allowed her to work late on some days when Father has custody so that she can leave work at 2:30 p.m. on other days and have the children not have to go to a baby- sitter after school. Mother reports that the frequent changes in schedules have caused her problems with her employer and she is concerned about making yet another request for change in the custodial schedule. Mother continues to be concerned that Father will not rnanage to get the children to school on time and that the children would be missing the opportunity to ride on the school bus with friends if they were allowed to stay overnight with Father on a school night. 6. Expert witnesses: None expected. J~/ 8; t!6 2-J Date 7. Anticipated length of hearing: Y, day. ( ~L,~ elissa Peei Greevy, Esquire Custody Conciliator : 165456 "<:l AJ (:) Vt L 7" 0- .F1- "\L . 9.J D 0) - 0 ~~~ ~ . ~ i ~ ~ .'!Ii ~~I::O !:e5i: N ~ . k6 '" es J~ ~ ~ . r ~ SCOIT A. SIMPSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 01-5752 CIVIL ACTION LAW REBECCA L. SIMPSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 04, 2004 , upon consi.deration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on MondilY, June 07, 2004 , the conciliator, 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 schednled hearing. FOR THE COURT, By: Isl Melissa P. Greevy. Esq. Custody Conciliator mhc 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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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 ~ fo~ ~ 4v !JCJ/}./> ~~~~40'hJ ~tw~ ~ ~-,m; ;'0.1;'5 I "NnVINWI1).,Si\iN3-i I'\.LJ I nf'\ rip ~,'<"1' .-"::3 -.j"., "'-'WIV, ., . :'..,.'.~..',-!. '~I IV ~/:~ Wd "-AVJ.l~OOZ Ab'\flON0H10dd 31-11 :JO 30I:Ho-031!::i APR 3 0 2004 ~ ~ SCOTT A. SIMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBEHLAND COUNTY, PENNSYLVANIA NO. 01-5752 CIVIL TERM v. REBECCA L. SIMPSON, CIVIL ACTION - LAW Defendant IN CUSTODY GUIDO, J. .-- ORDER OF COURT AND NOW, this 5~ day of ':'12004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leoal Custodv. The parties, Scott A. Simpson and Rebecca L. Simpson, shall have shared legal custody of the minor children, Stephanie P. Simpson, born September 19, 1991 and Jacob R. Simpson, born May 23, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. ~5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children 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. 2. Custodv Durino Summer. To commence on June 30, 2002 at 8:00 p.m. the parties shall have physical custody shared on a week-on, week-off basis with the custodial exchange to take place on Sunday evenings at 8:00 p.m. 3. Custodv Durino the School Year. Father's periods of custody during the school year shall be on Tuesdays and Thursdays from after work until 8:00 p.m. Additionally, Father shall have alternating weekends from Friday after work until Sunday at 8:00 p.m. Father's school year custodial weekends shall commence on Friday, September 6,2002. 4. Transportation. Father will provide transportation NO. 01-5752 CIVIL TERM 5. Hom,Wn"'. 00 th, "hOOI o"h', d""o, wh'ch Fath" ha, pariod, of partial '"-y, Fath" 'hall 00 'e,po",,,,, '0 '"P""'" ood a",~ th, ch'~"o '0 compl"O, the" ho",""",,,, a"~om,,,,,. Fath" 'hall mee' ",olady w'th th, "hool ,o'doooo OOU",eJo" mo",o, 'h, child"o', homown", a"',om,,,,, ood ""mpl,,~o of homown,,, d",'o, h', periods of custOdy. 6. Cooo""o,. Th, pa",o" ,hall pad'c'Pat, '0 th,,,P'",ic family ""00"""" Ihmo'h lote...."" to add",,, th, "'rlfe,' "'""Om, ",a""o, Ih, child"o', foo"~",o, OOd '0 ",i" th'm io d,terro'o'o, how Ih,y may 00" meet th, ohild"o', Oead, " th,y pa"o' th'm be!weeo th, two "'~"c". Call, to a",o" the appo'otm"" to, th, family to ",,"m to CoUnseling shall be made by April 16, 2004. 7. Th, partl" 'hall oot di"o" th", legal di.ico"" "",.", each oth" w;th th, Chlld"o ood" OOy ""om""ooo, WhaJ,,,,,,, Th, Fath" " to""" di""od 00' '0 "eap with Stephanie, even if she requests it. 8. Th, "'di" aI, d'",,,od to "" "ch oth" Ih, tel'Pho", oomb,,,, wh,,,, th,y cao b, '''chod io 00 'm''ll''cy''toa'oo. Th, "'d~, a", d'""", '0 h", th, oh'~"o call the non-custodial parent at least once per day. 9. Neither party shall do or say anything which may estrange the children from th, oth" "''''', 'oj"y th, op'o~o of th, child"o " to th, oth" pa"ot, 01 hamp" th, ... and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also Comply with this provision during his or her periods of custody. 10. Pending further Order of Court or an agreement of the parties, Mother shall have primary physical custOdy. Father shall have periods of partial custOdy. 11. Christmas. HOlidays shall supersede other provis,ions of this Custody Order. FOI Ch""m" 2002 OOd ,"bs'qo,,, '''0 ""mbe"" yea"" Moth" ,hall h", "'eJody from O'oomb" 24' at 0000 OOlil Oeoombe, 25' at 0000. 10 odd ""mb"'d yea"" Moth" 'hall have custody from December 25th at noon until December 26th at noon. 12. New Year's Da'{. Father shall have custOdy from January 1st at noon until the children return to school. 13. Mother's Dav / Father's Da'(. CustOdy for Mother's Day shall be with Mother, OOd "'-y to, Falhee, Day ,hall b, with Fath". Th, pe,'od of ""tody to, thea, hol~a" shall be from 8:30 a.m. until 8:30 p.m. 14. Holidavs. The parties shall alternate the following holidays: Easter, Memorial Oay, '""'P'Od"oo Day ood labOl Day. Th, part'" a","owl"'" thai Fath" h" tcad'd 10d,pe"""", Oay 2002 fOllabOl Day 2002. F" th', hOI~ay, Fath" 'hall h", "'_y from Sunday at 5:00 p.m. until Monday at 5:00 p.m. NO. 01-5752 CIVIL TERM '5. Th"k""".. Foe tha Th"!<sg;"',g hOkday 00 "'" ""mba,"" y"''', Motha, 'h", ha" ""tOdy from Wad'''''ay aft" "'hoo' "m MOMay at MO p.m. Fath,,, ,hall h"a ""tod, foe Tha'k,g""g " odd ""mb"ad yea" from W"'",'day aft" "'mo' 'mil Monday at 8:00 P.m. 16. Ea't"." odd ""mba,"" yea", Moth" 'hall ha'a "'''''''y ." tha Ea"" hokday 'oe tha pariod from Th'''day alta, ''''''0' 00" MOMay at 8'00 p.m. ""," ""mba,"" yaa", Fath" 'hall ha" "'''o'y foe tha Ea"" ho'~ay from tha perio' from Thursday after school until Monday at 8:00 p.m. 17. VaOSlioo. Ea", party 'hall ba a,""", to Jwo (2) ,oo~OO""'ti'a waa" of vacation to include their custodial week. 18. Tha partl" ag,,,,, thatthl, "ha"'a """'a,,, tha ""to, q'o. Th, ''''a'oJa may be changed by the mutual agreement of the parties. '9. Tha COSlody Conel/Jatio, ConreMn"" .hall "",o'''n, on Monday, Jun, 7, 2004, at 10,,, a,m, at lha ofIle, of lha COSlody Conemalo', M'lissa p.., GM'vy, Esquire, 301 Market Street, Lemoyne, PA 17043. Dist: Susan Kay Candiello, EsqUire, 5021 Trindle Road, Mechanicsburg, PA 17055_, Nichole Staley O'Gorman, Esquire, 1719 North Front Street, Harrisburg, PA 1/110 .~ Os: 0 Y .~'" ~ 9.-, \j\N'r,"I\\}8hn<-~d I \\'\'~Ir,rl.' ,'\;:',-"""~,,, 1'\J,..'\j! "..,". >'" ,.,.L,It\ IV \ Q : \ }id S- ,Wit ~QnZ ^'tiVLONOHJ.O'ck! 3\41 ~O 3Q\:.Ho-a311::i SCOTT A. SIMPSON , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5752 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY v. REBECCA l. SIMPSON , Defendant ~USTODY CON CILIA TION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3", the ",dern'9'ed Cu'tody Co'clU,to, ,"bm', the fOlloWl'9 "'POrt, ,. The P""'eot 'of 0"""10, """'m'og the Child"" Who '''' the '"bj"" of th" litigation is as fol/ows: NAME Stephanie P. Simpson Jacob R. Simpson DATE OF BIRTH September 19, 1991 May 23, 1996 CURRENT'L Y IN THE CUSTODY OE Mother Mother 2. A C"'tody Co",iI'''"", Coo",,,,,,,, w" he~ 00 April 12. 2004. fOlioWl'g F,thee, fiI',g of, P","oo to MOdify CU"ody 00 FOO""", 27. 2004. Tho', the p""" ,""" Cu'tody Coo"u,,,oo COOfe""",. Afteod',g the CU_y COOdU,"oo Coofe""", we", the F"h". S"'ft A S'mp",. oed h', "'U'''''. N',"ole Steley O'G"m,", the Moth". Reb_ l. Simpson, and her counsel, SUsan Kay CandieI/o, Esquire. 3. The P"b" we", ,ot 'ble to m"h '" 'g"'emeot with ",geed to the Fethee, ""lue" foe SO/SO 'h'",d ph"Ic" Cu'tody 01 the child"". The"'''m. the P""e" O'd" will "'m", " effect WIth 'g- upo, modmc",o", m"ted to E,,,,, eod Theok'g"',g holidays, pending a hearing. 4. F"hee, P""fIo, 00 CU"edy " "tollow, F"h" filed 'g," ,eaki'g 'ddWoeel "em~ht pe'iod, of '"-Yo F,th" 'ow ''''d" " C'rli"e with hi, "eo"" SU",y. He" P""eofly ueemPloyed but wo"" "me weekeod, '" b,"d "which he', , membe,. F"h" mpo"" th" the '""d"" '''' tell'og h'm th" they w,,, to 'peed mo", "me with him. Father states that the children are afraid to let Mother know that. 5. Mothee, po,moo 00 '"-y " "tollow, Moth" "'po"" 'h" the ,""d"" do po, w,,, mace "me WI'h 'he F"h" eod mport th" he 'leap, ," the "me. Moth" "'''''u''' 10 be """'med ,bout 'he f""ueocy of F,thee, cheo"", of ""~e,,,, '"" emPlo,,",eo!. She "'Po"" th" 'he OO,y kpo", 'bout th"'e th"g, beceu," the child"" t'" hac 'beu' them. Sh, ropO", th't ho"",,,,", I, "",,u'",y not don, dUring F,th", period, of ,",tooy 'nd that th, "';Wron 'Omatlm" "'mpt'ln that th,y 'ro not b';ng f", Wh'n th,y 'ro w;th Fath". Moth" 'epo", that ,t" h" 10" , job atm, h";ng m'd, mU';pl, Oh,ng,,, In th, "hodule to '''''mmed'le Fath", "'qu,,, 10 modIfY th, '""o'''at 'nangem,n". Moth,,;, eng'9od 'nd pl'n, 10 be m'rried ;n JUly, 2004. Mo"", too h" been un'm~oyed, but begins her new Position on April 19, 2004. 6. The" "'- h,ye boon ;n ohron;o "'n'let Whloh the<ato", I, de/rim,n", to th, "'''d'''n. A""ntlngty, they h,ye '9rood 10 p"tio;"'t, In "'Un"Hng thmugh Inte,,,,,,,,, and return to Custody conciliation in June, 2004. 7. Su b''Qu,nt to th, "'noll/,"on, "'u",,, ,,, both "'''''''' p,rtio/"'ted ;n , "'nf''''n", ,," with the Cono/Hato, "'g,ntlng 'n l'Su, Whloh w" not ,,;,'" at the "'noll/'Hon when the ",rt~, '9roed to COUn"Hng. Moth", coun"l w,"" to b, ,ble to "" the OOon"lo< from Int,n..""" wh;oh the p,,,,, "'e"ed, " , w;1n,'S ;n , OUatody h'''lng. Fathee, "'un", PoInt, out th't the "'''" did not 'g"'e 10 , ou'tody ev"uatlon In Whloh the "'''" "'uW h've e"'''cted the", wouW be t"tlmony from th, "I"""" 'vatuato, 'nd Will not 'groe to h,v, Fath" "'""I"'1e In OOon"Hng d he "nnot "'''o/'''t, "hout ''Su''n", of "'ntldenti'llfY 'nd "'u"n", th,t th, the"pI" WI" no' b, ""ffYlng ;n thl, ""'"". Cou",,, to, Moth" Will b, "Hng , P'tit~n fo< SPOo/" ReHet. Th, Co",II/ato, 'trongly ""'mmend, th'''P,utio ;nt'''''ntlon 'nd "",mmend, that the Court m,,,, , det'rmln'Hon ""'ntlng Wheth" th, th"'p;,t Will b, comp,,,,,, to t"tdy. LfJfj/ LttjJe:~,qu;" CustOdy Conciliator :165456.2 SCOTT A. SIMPSON, PLAINTIFFnRESPONDENT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-5752 CIVIL TERM REBECCA L. SIMPSON, DEFENDANT~ETnnONER : CIVIL ACTION - LAW : CUSTODY ACCEPTANCE OF SER\ilCE I, Nicole M. Staley O'Gorman, Esquire, counsel for the Plaintiff/Respondent in the above-captioned custody matter, accept service of the Petition for Modification of Custody Order, and certify that I am authorized to do SQ. Dated: ~ I ~ , 2004 C g ~ ~ = ::~;: .r- ::x -l 4")1..:0 :t:-n fi'irn ".. -,;,.'..,. -< lTlr- '-;"'.";'.' ~.F" -0" L_ _ N ~L t.T1 56 - ~ ~_I...._' ::;J'1'". ~(J -0 ('5B - '1':::() ..... 7" ;>>c: r:-: t5fTl .~ .L- ::;... ~ ~ JUN 1 4 2004 ! Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5752 CIVIL TERM SCOTT A. SIMPSON, v. REBECCA L. SIMPSON, CIVIL ACTION - LAW IN CUSTODY Defendant GUIDO, J. --- ORDER OF COURT AND NOW, this ~ 9t:1a day of June, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: The Order of May 5, 2004 shall continue in full force and effect with the following modifications: 1. Custodv Durina the Summer: Effective June fI, 2004 when Father picks up the children from school, Father will have custody during the daytime as an alternative to daycare. 2. Effective June 11, 2004, pending hearing, the parties will have a week-on week-off Summer custodial schedule with Father's first custodial period commencing at 5: 15 p.m. on June 11, 2004. 3. Mother's first custodial week for Summer 2004 shall commence June 18, 2004 at 5: 15 p.m. However, Father will have custody for June 19, 2004 and June 20, 2004 as a vacation day and for Father's Day. The children will be returned to Mother on June 20, 2004 at 8:00 p.m. 4. Summer Transportation Arranaements. Pending hearing, Mother will assist in providing transportation by dropping the children off at Father's residence in Carlisle at 8:00 a.m. during her custodial weeks. Father will return the! children to Mother during her custodial week at 5:15 p.m. NO. 01-5752 CIVIL TERM 5. A hearing is scheduled 8~,'J:(';..Number 5 of th~umberland County q~urthouse, on the JA 7 day of , 2004, at :.3 (J o'clock l1.....M., at which time testimony will be taken. For the purposes of the hearing, the Father, Scott A. Simpson, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party 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 ten days prior to the hearing date. Dis!: Susan Kay Candiello, Esquire, 5021 Trindle Road, Suite 100, Mechanicsburg, PA 17050 79(" - / 93 (i Nichole Staley Q'Gorman, Esquire, 1719 North Front Street. Harrlsbu~g, PA 17110 ,::::J '/ 'i/ 7 'X ~ ~ {".J9.o'l ~~ , ! ~ tr"..... '-'- ., I\JJ\i ,'i,'.,,' : v;!\\~/rl/, '~:;\'r~1 '9d ~;iV'ln8 I ro '7. /.1' 6"' "'if 'onz t. ...... V<l l(, ('/1. I!.; ;',L~/LC\II)Jr.I.lJJ(IJ 3iil :JO :X:X:J::!O.'UTit;J JUN 1 4 2004 f SCOTT A. SIMPSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERL.AND COUNTY, PENNSYLVANIA NO. 01-5752 CIVil TERM CIVil ACTION - LAW v. REBECCA L. SIMPSON, IN CUSTODY Defendant CUSTODY CONCiliATION SUMMAR:Y 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 conceming the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRIENTL Y IN THE CUSTODY OF Stephanie P. Simpson Jacob R. Simpson September 19,1991 May 23,1996 Mother Mother 2. The parties' seventh Custody Conciliation Conference was held on June 7, 2004 as planned at the parties' Custody Conciliation on April 12, 2004. Subsequently, Mother filed a Petition for Modification of Custody Order on April 23, 2004. Attending the Custody Conciliation Conference were: the Father, Scott A. Simpson, and his counsel, Nichole Staley O'Gorman; the Mother, Rebecca L. Simpson, and her counsel, Susan Kay Candiello, Esquire. 3. The parties met with a counselor once since the April 12, 2004 Conciliation. They are scheduled to meet again this week. 4. Father's position on custody is as follows: Father continues to seek shared physical custody. The schedule to which he would agree would include Wednesdays and Thursdays overnight and having his weekends extended overnight to Monday morning during the school year. Father has married and now resides with his wife and her two (2) children, ages 13 and 11. He does not intend to return to the work force outside the home. The family now lives in Carlisle, Pennsylvania. Father also seeks to have Mother share in the responsibility for transportation incident to the custodial ,exchanges. NO. 01-5752 CIVIL TERM 5. Mother's position on custody is as follows: Mother continues to be concerned about Father's ability to parent the children. She also repents the children have stated they are afraid of their Father and do not want to visit with him for extended periods of time. Because of Father's relationships, living arrangements and employment situation have been influx for several years, Mother does not believe that he is in a position to have shared custody of the children. She would like the present school year schedule to continue throughout the school year rather than have a week-on wElek-off custodial schedule during the Summer. Mother is employed and is planning to be married this Summer. Mother did not want to assist with the transportation arrangements because Father is the one who moved out of the area where the family had been living and because she believes that as a stay home dad he has more time to assist with the transportation. 6. At this Conciliation the parties had not resolved even interim arrangements regarding transportation of the children incident to the Summer schedule. Because Father is not electing to work outside of the home, the parties havl3 agreed that Father will function as an alternative to daycare during Mother's Summer custodial weeks. Because the transportation has not been resolved by the parth3s, the Conciliator makes a recommendation in the Order attached pending hearing. Because Father has requested a modification of the Order to give him shares physical custody and because Mother is seeking modification of the Order to reduce Father's SUmrTli3r custodial schedule, the parties are in need of a hearing. Father's counsel is not available July 28, 2004 and July 29, 2004. Mother's counsel is not available July 26, 2004. ~ ~/,/ (oy u& ~ tfb-- ~e Melissa Peel Greevy, ESqUir) Custody Conciliator :230392 SCOTT A. SIMPSON, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA L. SIMPSON, Defendant CIVIL ACTION - LAW NO. 01-5752 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 27th day of August, 2004, our order of May 5, 2004, is amended as follows: Paragraph 2 shall be replaced with the following: Custody During Summer. Commencing at 8:00 p.m. on the Sunday following the last day of school, the parties shall have shared custody on a week on week off basis with the custodial change to take place on Sunday at 8:00 p.m. The father's week shall be first. Each party shall arrange for day care during his or her week of custody. Paragraph 3 shall be replaced with the following: Custody During the School Year. Father's period of custody during the school year shall be every other weekend from Thursday after school until Sunday at 8:00 p.m. Paragraph 4 shall be replaced with the following: Transportation. The party obtaining custody of the children shall pick them up. Paragraph 5 shall be amended to replace the word "Father" with the words "both parties". Paragraph 17 shall be replaced with the following: Vacation. If either parent has a preplanned vacation during the summer, he/she may encroach upon the other's custodial week for up to two days in order to accommodate travel so long as 60 days written notice is given. paragraph 18 shall be replaced with the following: Communication. The parties are forbidden to use the children for purposes of communicating between them. They are ordered and directed to e-mail each other at least once on a daily basis regarding these precious gifts that they share, that being their children. The e-mail shall be initiated by the parent having custody of the children and shall include something positive that occurred in these children's lives during the day. The party receiving the e-mail must respond. The parties are further directed to e-mail each other with regard to other issues of the children's lives such as scheduling and their health, education, and welfare. Copies of the e-mails shall be retained and shall be presented to this Court in any future proceedings. Paragraph 19 is deleted. In all other respects, our order of May 5, 2004, shall remain in full force and effect. By ~ichole staley O'Gorman, Esquire For the Plaintiff ~usan Kay Candiello, Esquire For the Defendant :lfh ~ oZ~31.oi ) -4 J. V1NVI\1).S~',IN3d I "I~~''', r" ." '-"'Nn'"' 1\..U'"i :U'~; "l: <::".:~:hl v o I :OII-iV I 1; ~nv ~ooz AWLONOH1OOd 3Hl :!O 30/:!:!Q-031l:1 SCOTT A. SIMPSON, PLAINTIFFIRESPONDENT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2001-5752 CIVIL TERM REBECCA L. SIMPSON, DEFENDANT/PETITIONER : CIVIL ACTION - LAW : CUSTODY EMERGENCY PETITION FOR SP'ECIAL RELIEF AND NOW, comes the Defendant/Petitioner, REBEOCA L. SIMPSON, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.c., and makes the following Emergency Petition for Special Relief. I. Defendant/Petitioner (hereinafter sometimes referred to as "Mother") is REBECCA L. SIMPSON, an adult individual, who currently resides at 12 East Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania, 17011, ,md has resided in Cumberland County for over five (5) years. 2. Plaintiff/Respondent (hereinafter sometimes reterred to as "Father") is SCOTT A. SIMPSON, an adult individual, whose present address is 204 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties hereto are the parents of the following children, STEPHANIE P. SIMPSON, (hereinafter sometimes referred to as "Stephanie"), born on September 19, 1991, and (hereinafter sometimes referred to as "Jacob"), JACOB R. SIMPSON, born on January 23, 1996. 4. The parties' children currently reside primarily with Mother at 12 East Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 5. There is a present custody order in effect for these children. There have been several custody conciliation conferences and hearings before this Honorable Judge. 6. Father and Step-Mother's actions toward Stephanie and Jacob changed dramatically following the last hearing. Both Stephanie and Jacob are repeatedly blamed for Father not receiving additional time with the children, they are told repeatedly everything is their fault after what they said to the judge. 7. Father does not allow Stephanie and Jacob to participate in any extracurricular activities or talk with or visit any of their friends during Father's periods of visitation. Father states this must be done on Mother's time since he could not get additional time with the children. 8. Father has remarried. Mother is engaged. 9. Both Stephanie and Jacob are severely disciplined by Father and Step-Mother repeatedly when visiting with Father. 10. The discipline received by the children at the hands of Father and Step-Mother has repeatedly caused significant physical injury and created great fear and trepidation within the children prior to knowing they must go to Father's residence and while they are at Father's residence. 11. Stephanie and Jacob are repeatedly called liars, everything is blamed on them, they are yelled at and told to shut up, they are told you are a bitch just like your mother, Stephanie is constantly made fun of because Father believes she is fat. Father tells Stephanie her hair does not smell good, the derogatory statements directed at the children never end. 12. Stephanie and Jacob are angry and severe with each other when returning from Father's residence. Approximately 2-3 days prior to going back to Father's residence, Father will telephone the children and begin some fight. For example: Father telephoned to tell Stephanie they had purchased new beach towels for everyone but her, she did not deserve a new one. Another time, Father hung up on Stephanie, Jacob said Father hung up when giving the telephone to Stephanie and Father called back telling Jacob he was a liar. 13. Stephanie has tried to speak with her Father regarding the physical bruises he gives to her. Stephanie showed her Father some of her bruises and Father stated to Stephanie she deserved the bruises because of her behavior and further she was fortunate her behavior was not worse and she was hurt so bad she had to go to the hospital. 14. Jacob has had to intervene and pull his Father off of Stephanie when his Father was spanking and slapping Stephanie. 15. Jacob frequently is disciplined when attempting to protect and intervene on behalf of his sister. Father frequently spanks and slaps Jacob. 16. Jacob and Stephanie have shared their fears and experiences with their friends and teachers. Parents of their friends and teachers have voiced concern to Mother regarding these incidents. 17. Stephanie has been bruised and grounded at the hands of Father and Step-Mother to such a degree and so frequently that now when Stephanie visits at the home of Father and Step-Mother, Stephanie hides in the closet. Stephanie feels this is h(:r only safe zone where she cannot get into trouble or get grabbed or yelled at. 18. Several years ago Stephanie was placed on medication for Attention Deficit Disorder. 19. When Stephanie was on medication, Father refused to give the medication to Stephanie resulting in physical and psychological problems for Stephlmie. 20. Through counseling and Mother's support of Stt:phanie through a defined daily schedule, structure, and focus on communication and love, Stephanie was taken off the medication. Stephanie's pediatrician, Dr. Geoffrey James' present opinion is Stephanie does not require medication at this time. 21. Stephanie, since medication has been stopped, has done well in school, socially with her friends and there are no problems when Stephanie is in Mother's home. 22. Father has stated to Mother he is now going to take Stephanie to a doctor and will have Stephanie put on medication and Mother cannot do anything about it. 23. Mother has provided health insurance for the children since the party's separation as a result of Father's inability to remain employed. 24. When Father remarried in May, 2004, Step-Mother unilaterally took the initiative to place the children on her health insurance, instructing Mother her health insurance was primary for the children. Step-Mother's position was in opposition to the court order through Domestic Relations. 25. When Step-Mother became unemployed no notice was given to Mother that the children did not have health insurance. This enabled Father to avoid the expense of obtaining COBRA insurance for the children. 26. Mother took the responsibility of enrolling the children in the Blue Chip program to give the children health insurance coverage. 27. When Step-Mother was again employed she again put the children on her health insurance. The children's coverage under Blue Chip was terminated. 28. To avoid the children being without health insurance Mother appealed to Domestic Relations and there is now a court order for Father to provide health insurance for the children, 29. Mother has recently learned Step-Mother's insurance for the children prevents her from getting any information from the health insurance comparlY or being able to interact with the Health Insurance Company concerning her children. 30. Step-Mother controls all access to the children's health care and has effectively estopped Mother from having access to the children's health care insurance, despite the fact Mother is the children's primary caregiver. 31. Father has told Mother he is taking Stephanie for orthodontia treatment and she will be sent the bill for this treatment. 32. Father has significant amount of child support arrearage owed to Mother. Father has not been employed consistently for several years. Father now declares he is a "stay-at-home- dad". 33. Mother has had Stephanie evaluated and her dentist states Stephanie might need orthodontia, but it is not necessary at this time. Further, Mother is not able to afford the cost of orthodontia for Stephanie at this time. 34. With the present health insurance coverage for th,~ children, as structured by Step- Mother, Mother has no input nor can she have any input as to heT children's care and treatment. 35. The children cry themselves to sleep at night when at Father's home and approximately two (2) days before going to Father's residence the children are upset and begin to beg their Mother not to make them go to their Father's residence. 36. The children have NEVER said they do not love their Father, nor that they never want to see him again. The children are afraid of their Father and Step-Mother and repeatedly ask for someone to help their Father not be so mean and angry. 37. The children are extremely afraid of their Father and Step-Mother. Although the children desperately want help they are afraid the court will not help them and all their efforts will accomplish is to make their Father and Step-Mother even more angry with them and even more meaner to them. 38. The children repeatedly telephone Mother when they are at Father's residence crying and asking her to come get them. 39. Jacob is almost ten (10) years old. Jacob must take showers with his Father at Father's residence. Jacob does not want to do this, nor does he like it. Jacob states his Father tells him, it is the only place they can talk away from Step-Mother and it saves money. 40. The children have tried to run away from Father's residence, but were caught by Father and severely punished. 41. The children have stated to Mother they will not return to Father's home and if they have to they will run away. 42. The children have individually stated to Mother they will not allow either to go to Father's home alone due to their fear of their sibling being hurt. 43. As per the last court order the children went to Inner Works and were counseled with Anthea Stibbens in 2004. Mother and her finance also participated in counseling. Father and Step-Mother went to counseling one to two (1-2) times and then stopped, although Anthea Stibbens still requested they come to further counseling. 44. Father through his legal counsel insisted the counselor not be allowed to testifY in court and share any of her findings from counseling with the court. 45. Mother has attempted to take the children back for additional counselling, but has been blocked from doing so as a direct result of how the health insurance has been structured by Step-Mother. 46. For these and many additional reasons, Mother has great fear for the physical and psychological safety of her children if they continue to be in the home of their Father and Step- Mother under the present living conditions. WHEREFORE, Defendant/Petitioner, REBECCA L. SIMPSON, respectfully requests that this Honorable Court enter the following order: 1) Temporary Cessation of Visitation. The two (2) minor children, STEPHANIE P. SIMPSON and JACOB R. Simpson's shall temporarily stop further visitation with their Father. 2) Counseling for Children and Family. The two (2) minor children, STEPHANIE P. SIMPSON and JACOB R. SIMPSON along with any of the parties and/or Step-Parents as the counselor determines are appropriate and necessary to the children's well-being, shall immediately begin counselling with Anthea Stibbens at Inner Works. 3) Counseling Report. Anthea Stibbens shall provide the court with a recommendation for visitation and interaction with Father and Step-Mother after the completion of counseling sessions with the minor children, the parties and step-parents as determined by the counselor. 4) Counseling for Father. Father shall attend counseling for anger management. Father's counselor shall provide the court with a report identifying Father's successful completion of the anger management counseling. 5) Any other additional relief, which this Court deems equitable. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: June~, 2005 Susan Kay Can : 0, squir Counsel for De endan IPetitioner PA J.D. # 6499 5021 East Trindle Road Mechanicsburg PA 17050 (717) 802-0705 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief, This verification is made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. DATED: fp -;)3 _6';- /- L?~~J(l"- CCA 1. SIMPSON ~. , $<7- :y _..; --.;:: ..., c:? ,;;;;:;> <.:.f' o -n =1-n f';1p \Jl";'1 ~~:~~) ~;1 ~F~ ~,." \ n ?::::.~ "J :<. (- ~-:::~ N -"" 0: \.D (7:i O. RECEIVED JUN 24 7nMY 0 SCOTT A. SIMPSON, PLAINTIFFIRESPONDENT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 2001-5752 CIVIL TERM REBECCA L. SIMPSON, DEFENDANTIPETITIONER : CIVIL ACTION - LAW : CUSTODY f.4\ ORDER AND NOW, this ~ '-I day of >>~ , 2005, upon consideration of Plaintiff's Petition for Emergency Relief, it is hereby directed and ordered as follows: 1) Temporary Cessation of Visitation. The two (2) minor children, STEPHANIE P. SIMPSON and JACOB R. SIMPSON's shall temporarily stop further visitation with their Father~ J} €uuh:n~J1l1g lor LhIldren and Family. The two (2) minor children, STEPHANIE .1'. -, SI~W88U Clud .tACOB R. SIJl,WSON ululJI:; widl all)' vftflS f3RFtis& 3Aa(gf ~t8F PtH'OAtfJ flf +1..,. "'^..nC'~or e appropna e an necessary 0 e c I ren a Imme gBlin",..,...ll;lI~ willi t-\I1(Ilt:::a ~t10bens at Innt=r VVUIK~. ~ ,,-J.A."~)/~ 1) S~~"03..11"'6 ft.""pv. to ,.u.H....... BeLL....... ,,1.....11 pI""". :d", L1.... ,",...,....1 L wid. C11l;;l,.;VIIIIIlI;;JIUctllvIIIUI ijjt.tt:~.. ......d :..l.............l:v.. .. :n. F....lt...... ......d 81_1"' I.I,Al..... ....n...1 ~L... ,,",VlIlpl"'LluII VI ~UUII;:)l;;IIII~ :S1;;:s.:sIUII~ vfkh +1.."" -~R@J J.] il.J -, d.~ p......:...n ...--' ~+-~r F~-"'-+""co rlO-;'''''rf"nl''''':>,-I h],+J...r. """""",,0.1........ Ii} .....illHDditil fR F illl . F_ll..... ~1._1l ktLuJ -~_.....,.J:"6 ~Vt Cluger management. ramer s ...n"- iL~ uL...II..Hvv~d,", Lit,", I",UUIl wun a repon loentlfymg rather s .sw..;I",'l;'::,>~[ul ,",vlltpkt:VII ~[LIL_ 1. ~r 7~ o....lIt'l;'JIl l:uuu:st::uug. - ~ ~lIY~le~~F ~t~;i~O~~L'~ ~:3o A~. P'-~ .~bc, .r ~ By the Court If r-r-:-". ..J~ ~~~.~ ~~. ~.!... 6ft G-tVVl f~ 0'1' /'I_.{ftl~ (j"die.!/{) ( >-011 5?""r O/} J. 20 :01 H'g ilZ iJfW SDDZ ),,"11['.1". U'.'" 'J'-Il:JO '.Jie ).; ,. '; ;."., -. l ._'" ,-,,' ,.....v.....,........J1 381.::lJO~1Jjll:1 SCOTT A. SIMPSON, Plaintiff/Respondent v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5752 CIVIL TERM REBECCA L. SIMPSON, Defendant/Petitioner CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 27th day of June, 2005, it appearing that the father is willing to participate in counseling with the children, it is so o:,dered. He is to meet the children at the office of Anthea Stebbins at 4:00 p.m. today, and he is to participate in family counseling with the children until discharged by Anthea Stebbins, or some other counselor that is agreeable to the parties or approved after petitioning this Court. We will issue an Order with regard to father's visitation after a conference call tomorrow. We will have a full hearing on the merits at a later date if it is determined that that is necessary after tomorrow's conference call. By Susan Kay Candiello, Esquire 5021 East Trindle Road Mechanicsburg, PA 17050 For the Defendant/Petitioner Scott A. Simpson 204 Cranes Gap Road Carlisle, PA 17013 Plaintiff/Respondent, Pro se ~~ {, -.J. f-oS Q-. srs AJJ-J r;~"\" '."",,,, ~ ,illJ ~s :Zl!rld 8Z i:nrsaoz """l""".""'j "'Hl.lO ^,:::ivJh '1'.)1 Li\j,;K:J -' :!8LHO-{Elll:l - SCOTT A. SIMPSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA SIMPSON : NO. 2001- 5752 CIVIL TERM ORDER OF COURT AND NOW, this 29TH day of JUNE, 2005, it is hereby ordered and directed as follows: 1.) Father shall continue working with Anthea Stebbins in both individual and family counseling until he is successfully discharged or further order of court. 2.) Mother shall participate in those sessions, and shall assure the children's participation therein, to the extent requested by Ms. Stebbins. 3.) Father's visitation with the children is stayed until July 10, 2005. Thereafter, our order of May 5, 2004, as amended by our order August 27, 2004, shall control. (~~~urt, Edward E. Guido, J. Susan Kay Candiello, Esquire Scott A. Simpson 204 Cranes Gap Road Carlisle, Pa. 17013 .~~ i,,30. 6~ ,C)-. :sld ~ tr.l ~ ., l-' :J< ~~ 0'.- x: CJ~ -0 a.. Cl~ ~t5 0 ~- l g: C'? .JZ r.~ o::UJ :z:: :-,;Jffi => 1I)U. i:!: -, :::< Lr.> :::> u.. = 0 = U ""