HomeMy WebLinkAbout08-1887Jennifer L. Simpkins,
Robert L. Simpkins, III
Plaintiffs
VS.
Robert L. Simpkins, IV
Jami L. Jordan
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. D?, 1?6<3 C tv cl>Yt
N O T I C E TO DEFEND
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
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
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
NOT HAVE A LAWYER 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 PA 17013
717-249-3166
c:
Mary A. Etter Dissinger
Attorney for Plaintiffs
Jennifer L. Simpkins,
Robert L. Simpkins, III
Plaintiffs
VS.
Robert L. Simpkins, IV
Jami L. Jordan
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. 04-.. ?? 7 C 1vY?
COMPLAINT FOR CUSTODY
1. Plaintiffs are Jennifer L. Simpkins and Robert L. Simpkins,
III, residing at 104 E. Keller Street, Mechanicsburg, Cumberland'
County, Pennsylvania.
2. Defendants are Robert L. Simpkins, IV, natural father,
residing at 104 E. Keller Street, Mechanicsburg, Cumberland County,
Pennsylvania, and Jami L. Jordan, natural mother, residing at 214
S. High Street, Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiffs seek custody of the following child:
Name Present Residence Age
Andrew R. Simpkins 104 E. Keller St., Mech. PA DOB 10/21/06
4. The child was born out of wedlock.
5. The child is presently in the custody of Defendant Robert
Simpkins, IV, and Plaintiffs, Jennifer and Robert Simpkins, III,
who all reside together at 104 E. Keller Street, Mechanicsburg,
Cumberland County, Pennsylvania.
6. Since birth, the child has resided with the following persons
at the following addresses:
Persons
Jennifer Simpkins
Robert Simpkins, III
Robert Simpkins, IV
Addresses
104 E. Keller St.
Date
3/18/08-present
Jennifer Simpkins 104 E. Keller St
Robert Simpkins, III
Robert Simpkins, IV
Kylie Emory, child's father's girlfriend
Jennifer Simpkins
Robert Simpkins, III
Robert Simpkins, IV
104 E. Keller St
Jennifer Simpkins 104 E. Keller St.
Robert Simpkins, III
Robert Simpkins, IV
Danielle Simpkins, child's paternal aunt
Jami Jordan 214 S. High Street
Robert Simpkins, IV
Pat Jordan- maternal grandmother
Casi Jordan, child's maternal aunt
Jennifer Simpkins 104 E. Keller St
Robert Simpkins, III
Robert Simpkins, IV
Danielle Simpkins, child's paternal aunt
Jennifer Simpkins 104 E. Keller St.
Robert Simpkins, III
Robert Simpkins, IV
Jami Jordan
Danielle Simpkins, child's paternal aunt
3/01/08-3/18/08
2/9/08-3/1/08
11/25/07-2/9/08
11/4/07-11/25/07
7/24/07-11/4/07
DOB - 7/24/07
7. The mother of the child is Jami L. Jordan who currently
resides at 214 S. High Street, Mechanicsburg, Cumberland County,
Pennsylvania.
8. She is unmarried.
9. The father of the child is Robert L. Simpkins, IV, who
currently resides at 104 E. Keller Street, Mechanicsburg,
Cumberland County, Pennsylvania, with Plaintiffs.
10. He is unmarried.
11. The relationship of Plaintiffs to the child are that of
paternal grandparents. The Plaintiffs currently reside with
Defendant, Robert L. Simpkins, IV, and the minor child in this
matter, Andrew R. Simpkins.
12. The relationship of Defendant, Robert L. Simpkins, IV, to the
child is that of natural father. The Defendant currently resides
with Plaintiffs and the minor child in this matter, Andrew R.
Simpkins.
13. The relationship of Defendant, Jami L. Jordan, to the child is
that of natural mother. The Defendant currently resides with
Pat Jordan, Defendant's mother, and Casi Jordan, Defendant's
sister, and various transient acquaintances of Defendant and her
family whose names are unknown to Plaintiffs.
14. Plaintiffs, the paternal grandparents, stand in loco parentis
in that they have been partially or fully responsible for providing
the home, food and clothing for this child since his birth, and
have done so at the request of both Defendants.
15. The Plaintiffs stand in loco parentis by virtue of voluntary
placement by both Defendants of the child in their care from birth
to the present time.
16. Plaintiffs have not participated as a party or witness, or in
another capacity, in other litigation concerning the custody of the
child in this or another court.
17. Plaintiffs have no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
18. Plaintiffs do not know of a person not a party to the
proceedings who has physical custody of the child or claims to have
custody or visitation rights with respect to the child.
19. The best interest and permanent welfare of the child will be
served by granting Plaintiffs primary physical custody and joint
legal custody with Defendants because Plaintiffs have provided a
stable home environment in which this child has lived and they wish
to continue that relationship and provide for his care and nurture
within which the child will grow and flourish.
20. Each parent whose parental rights to the child has not been
terminated and the person who has physical custody of the child
have been named as parties to this action. All other persons,
named below who are known to have or claim a right to custody or
visitation of the child will be given notice of the pendency of
this action and the right to intervene: NONE.
WHEREFORE, Plaintiff requests the Court to grant primary
physical and joint legal custody of the child to Plaintiffs herein.
Respectfully Submitted:
DISSINGER AND DISSINGER
By: c C/
Mary A. Etter Dissinger
Attorney for Plaintiffs
Supreme Court I.D. #27736
28 N. 32nd Street
Camp Hill, PA 17011
(717) 975-2840
(717) 975-3924
VERIFICATION
I, Jennifer L. Simpkins, verify that the statements made in
the Complaint for Custody are true and correct. I understand that
false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
C? _
?, nif L. Simpkins, Plaintiff
?-? ?-,,,
_:_, ;:
?- ?-;
? ? w ,' ? ,
6`1 U .,..
a. - ..
? ?
l?l
.r
?.
1 _ w.
Jennifer L. Simpkins,
Robert L. Simpkins, III
Plaintiffs
VS.
Robert L. Simpkins, IV
Jami L. Jordan
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. 0. '-lkB 7
AFFIDAVIT OF MMLING
COMMONWEALTH OF PENNSYLVANIA .
ss ..
Mary A. Etter Dissinget
Attorney for Plaintiff
Supreme Court ID #27736
28 N. 32nd Street
Camp Hill, PA 17011
(717) 975-2840
(717) 975-3924 fax
COUNTY OF CUMBERLAND
Mary A. Etter Dissinger, attorney for Plaintiffs, being duly
sworn according to law, says that she mailed by United States
Certified Mail, Restricted Delivery, a true and correct copy of
the Custody Complaint in this action to the Defendant, Jami L.
Jordan, at her residence, and that Defendant did receive same as
evidenced by the signed receipt dated March 26, 2008, attached
hereto as Exhibit "A".
Sworn to and subscribed
before me this 28th
day of March, 2008.
o t a r y Public NMAKSM
ANKTR PER"
Notary PUW
CAMP H U 90R000H. CUIIGBXAW COUN N
My Ca nhdW Jul 22, 2009
?J 4
¦ Complete Items 1, 2, and 3. Also complete A. SW)lCyd
Item 4 If Restricted Delivery Is desired. 13 Agent
¦ Print your name and address on the reverse x ? Addressee
so that we can return the card to you. g
k Oattach this card to the back of the mailpiece, C or on the front If space permits. a ^ 0 (.' p
1. Article Addressed to: D. Is delivery address different from ??ga
If YES, enter delivery address
/? Type
He c ka n '(c s GJo r Pa E3 Aegletered Mail ? Express Mail
? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
(-7 O.S 4. Restricted Delivery? (Extra reel AWVs
2. Article
rftm service kW 7002 0860 0004 2517 9603
(Trans nsfer horn
PS Form 3811, February 2oD4 Domestic Return Receipt
102595-02-M-1540 ;
EXHIBIT "A"
?..
?-- 3
t' a;?
4
)?
.?.., /?
.S_
i
JENNIFER L. SIMPKINS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROBERT L. SIMPKINS, IV
DEFENDANT
2008-1887 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, March 28, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, April 24, 2008 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Dawn S. Sunda Es q,
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
.Jui ?,
JENNIFER I
ROBERT L.
ROBERT L.
JAMI L. JO
. SIMPKINS, : IN THE COURT OF COMMON PLEAS OF
iIMPKINS, III, : CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS
VS. : NO. 2008-1887 CIVIL TERM
;IMPIONS, IV, : CIVIL ACTION - LAW
DAN,
DEFENDANTS : IN CUSTODY
MOTION TO DISMISS PLAINTIFF'S
COMPLAINT FOR CUSTODY
AND:
Susan Kay Q
and in suppor
1. Plaint:
comes the Defendant, JAMI L. JORDAN, by and through her attorney,
Esquire, and files this Motion to Dismiss Plaintiffs Complaint for Custody
thereof states as follows:
Jennifer L. Simpkins and Robert L. Simpkins, III, are the Paternal
Grandparents hereinafter sometimes referred to as the "Paternal Grandparents") and reside at
104 East Kell i
2. Defeo
(hereinafter so
Mechanicsbur
3. Defen
Simpkins (he
Street, Mechar
Grandparents.
Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
Jamie L. Jordan, is the natural mother of the child, Andrew R. Simpkins
referred to as the "Mother") and resides at 214 South High Street,
Cumberland County, Pennsylvania, 17055.
Robert L. Simpkins, IV., is the natural father of the child, Andrew R.
sometimes referred to as the "Father") and resides at 104 East Keller
icsburg, Cumberland County, Pennsylvania, 17055, the home of the Paternal
4. When the Paternal Grandparents learned the Defendant, Jamie L. Jordan was pregnant,
they attempted to coerce her to sign a custody agreement giving them full custody of their grand
baby.
5. Defers ant, Jamie L. Jordan has been the child's primary caregiver since birth.
6. Defen ant, Jamie L. Jordan and Defendant, Robert L. Simpkins, IV, at the time of the
child's birth sided with the Paternal Grandparents and continued to reside there until
November 4, 007, with their son.
7. While ?at the home of the Paternal Grandparents, Defendant, Jamie L. Jordan was
employed an provided financial support for the child. While Mother worked the child was at
TLC day care in Camp Hill.
8. While t the home of the Paternal Grandparents, Defendant, Jamie L. Jordan was the
primary careg veer for her son.
9. On or bout July 24, 2007, Mother left the home of the Paternal Grandparents. The
Paternal Gran4varents refused to allow Mother to take her son with her.
10. There ] ave never been any "transient acquaintances" of Mother residing at the home of
the Maternal Orandmother. Prior to Mother returning to the home of the Maternal Grandmother,
Brian Rouse, the boyfriend of Mother's sister lived in the home of the Maternal Grandmother for
three (3) week, Mr. Rouse left when Mother returned to the residence of the Maternal
Grandmother.
11. Duringj the time the Paternal Grandparents refused to allow Mother to have her son with
her, Mother vi?ited and cared for her son everyday after work and all day on weekends. She did
not leave the home of the Paternal Grandparents until her son was asleep for the evening.
12. Finally, November 4, 2007, the Paternal Grandparents allowed Mother to take her son to
her home at 214 South High Street, Mechanicsburg. Father also left the home of the Paternal
Grandparents and resided with Mother at her home from November 4 through 25, 2007.
13. November 4, 2007, through the present, Mother has had her son every week, beginning
Sunday evening through Friday. Father then gets his son Friday through Sunday evening.
14. Mothe? always has and continues to be the Primary Caregiver for her son.
15. Moth* has and continues to provide financially for her son.
16. Both the Paternal Grandparents and the Maternal Grandmother have assisted Mother and
Father in providing temporary care and some financial assistance with their grandchild, but
neither have ever provided all care and all finances for their grandchild.
17. The Paternal Grandparents do not meet the criteria for standing in loco parentis. Paternal
Grandparents have never assumed parental status nor have they assumed all responsibilities for
this child.
18. Mother has never relinquished the care of her son to the Paternal Grandparents. Mother
has accepted assistance for the care of her son, from both the Paternal Grandparents and the
Maternal Grandmother. Both the Paternal Grandparents and the Maternal Grandmother have
provided financial assistance and babysitting activities for the child which typically occurs when
the parents of the child are very young. The Paternal Grandparents chose to deliberately refuse
to allow Mother to have her son, July 24 through November 4, 2007, in their ongoing attempts to
take primary playsical custody of this child.
19. The Paternal Grandparents have never had Primary Physical Custody of this child,
Mother has always had Primary Physical Custody, with the exception of the three (3) months
when the Paternal Grandparents refused to allow Mother to take her son with her, when they
asked Mother and their son, Father to leave their home. Even during those three (3) months,
Mother came the Paternal Grandparents home and provided all the care for her son everyday
after work wh n she picked the child up from TLC day care and all day long on weekends,
provided fi cial assistance and medical care.
20. The P Grandparents have never assumed all responsibilities for this child, Mother
worked and vided financial support for her son, while in the home of the Paternal
Grandparents. Since November 4, 2007, Mother has had Primary Physical Custody of her son,
made all medial decisions for her son, and provided all the necessities her son required while in
her care.
21. The P er we Grandparents by having their son, the Father living with them see their
grandchild ev we but they have wanted more since they first learned the Mother was
pregnant and instituted this:,
22.
been the Pri
son.
to coerce her into signing custody of the unborn child to them and now have
has never relinquished Primary Physical Custody of her son. Mother has always
ry Care Provider, provided Financial Support and necessary Medical Care for her
Defendant, JAMI L. JORDAN, respectfully requests that this
Honorable
being without
dismiss this complaint for custody based upon the concept of in loco parentis as
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
4/1 "
Dated: c
Susan Kay Candiel o ' • uin
PA I.D. # 64998
4010 Glenfinnan
Mechanicsburg PA 17055
(717) 724-2278
VERIFICATION
The
hereby verifies that the facts averred in the foregoing document are true
and correct { o the best of his knowledge, information, and belief. This verification is made
subject to *e penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities.
DATED: 4//,/ a
J L. JORDAN
C m
.
Y° ` m
!Jennifer L. Simpkins, IN THE COURT OF COMMON PLEAS
?Robert L. Simpkins, III
Plaintiffs OF CUMBERLAND COUNTY
PENNSYLVANIA
VS.
Robert L. Simpkins, IV CIVIL ACTION - CUSTODY
Jami L. Jordan
Defendants NO. 08-1887
AFFIDAVIT OF MAILING
COMMONWEALTH OF PENNSYLVANIA
ss ..
UNTY OF CUMBERLAND
Mary A. Etter Dissinger, attorney for Plaintiffs, being duly
sworn according to law, says that she mailed by United States
Certified Mail, Restricted Delivery, a true and correct copy of
the Custody Complaint in this action to the Defendant, Robert L.
Simpkins, IV, at his residence, and that Defendant did receive
Same as evidenced by the signed receipt dated on or about April 1,
1008, attached hereto as Exhibit "A".
worn to and subscribed
efore me this 2nd
ay of April, 2008.
Notary ublic
Mary A. E t r issinger
Attorney for Plaintiff
Supreme Court ID #27736
28 N. 32nd Street
Camp Hill, PA 17011
(717) 975-2840
(717) 975-3924 fax
NOMWAL SEM
/1NWM PER04
c?M'HU Nolmy Pu ft
. VIAND COUNry
My COQ E4*03 Ad 22, 2009
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
oVn the front if space permits.
1. Article Addressed to:
JL t( ?' die (IFY 5?..
PCBICSY7lCS ( Pa
) 7GS"
A. Signature
X /,?_/, 9?-
? Agent
? Addressee
B. Received by (Printed Name) C. Date of Delivery
p?q
D. Is delivery address from item 1? ? Yes
If YES, enter deli ddress bel
Z ?ti
T1 Q No
Ice Type
rtffied Mail 13 Express Mail
? Registered O Return Receipt for Merchandise
0 Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) es
2. Article Number
(transfer from service labeo 7002 0860 0004 2 517 9 610
PS Form 3811, February 2004 Domestic Return Receipt
102595-02-M-1540
EXHIBIT "A"
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III,
PLAINTIFFS
VS.
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN,
DEFENDANTS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2008-1887 CIVIL TERM
: CIVIL ACTION - LAW
: IN CUSTODY
PRAECIPE FOR ENTRY OF APPEARANCE
Please enter my appearance on behalf of the Defendant, JAMI L. JORDAN.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
j
Dated: 4 0?1?0
( Susan Kay Candiell , E i
PA I.D. # 6499
4010 Glenfnnan ace
Mechanicsburg PA 17055
(717) 724-2278
L.?t
ri -...
-n rri
c_ J t
_- t
CA) (E'!
GI7 <
3 0
APR 142008dtf
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III,
PLAINTIFFS
VS.
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN,
DEFENDANTS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-1887 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this .? day of April, 2008,
it is
hereby ORDERED AND DECREED that
bring thts acttan. tf thts matter cannot be resotved at the canctfiation, the proposed
BY
J.
91-4 rrcT . s
r-U/
Y Aa
Z0 :1 1t? ZZ 88V coot
--'Hi 40
S ? Hwy
3
WY 062UOBr
JENNIFER L. SIMPKINS, IN THE COURT OF COMMON PLEAS OF
ROBERT L. SIMPKINS, III CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
vs. 2008-1887 /CIVIL ACTION LAW
ROBERT L. SIMPKINS, IV, Q? -;?3 a3
JAMI L. JORDAN
Defendants IN CUSTODY
ORDER OF COURT
AND NOW, this G day of lwt7 , 2008, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Mother, Jami L. Jordan, and the Father, Robert L. Simpkins, IV, shall have shared legal
custody of Andrew R. Simpkins, born October 21, 2006. Major decisions concerning the Child
including, but not necessarily limited to, his health, welfare, education, religious training and
upbringing shall be made jointly by the parents after discussion and consultation with a view toward
attaining and following an harmonious policy in the Child's best interest. The parents shall include
and involve the Paternal Grandparents in discussions and consultations concerning major decisions
related to the Child. Neither parent shall impair the other parent's rights to shared legal custody of the
Child. None of the parties shall attempt to alienate the affections of the Child from any of the other
parties. Each party shall notify the other parties of any activity or circumstance concerning the Child
that could reasonably be expected to be of concern to the other parties. Day to day decisions shall be
the responsibility of the party then having physical custody. With regard to any emergency decisions
which must be made, the party having physical custody of the Child at the time of the emergency shall
be permitted to make any immediate decisions necessitated thereby. However, that party shall inform
the other parties of the emergency and consult with them as soon as possible. Each party, including the
Paternal Grandparents, shall be entitled to complete and full information from any doctor, dentist,
teacher, professional or authority and to have copies of any reports or information given to any parent
or party. The Paternal Grandparents shall have the right to obtain legal review of any major decisions
made by either parent under this provision if they believe the decision will have a detrimental, harmful
effect on the Child.
2. The parties shall have physical custody of the Child in accordance with the following
schedule:
A. The Mother shall have custody of the Child every week from Monday at 4:00 p.m.
through Wednesday at 6:00 p.m., on Thursday from 4:00 p.m. until 6:00 p.m., and from Saturday at
4:00 p.m. until Sunday at 6:00 p.m.
B. The Paternal Grandparents shall have custody of the Child every week from
Wednesday at 6:00 p.m. through Thursday at 4:00 p.m., from Thursday at 6:00 p.m. through Saturday
at 4:00 p.m., and from Sunday at 6:00 p.m. through Monday at 4:00 p.m.
C. The Father shall have custody of the Child as arranged by agreement with the
Mother and Paternal Grandparents.
3. The parties shall share having custody of the Child on holidays in accordance with the
following schedule:
A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run
from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall
run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years,
the Paternal Grandparents shall have custody of the Child during Segment A and the Mother shall have
custody during Segment B. In odd-numbered years, the Mother shall have custody of the Child during
Segment A and the Paternal Grandparents shall have custody during Segment B. The Father shall have
custody of the Child over the Christmas holiday as arranged by agreement with the Mother and the
Paternal Grandparents.
B. Thanksgiving: In every year, the Paternal Grandparents shall have custody of the
Child on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the Mother shall have custody from
2:00 p.m. until 9:00 p.m. The Father shall have custody of the Child for the Thanksgiving holiday as
arranged by agreement with the Mother and Paternal Grandparents.
C. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
4. The Mother and the Paternal Grandparents shall be entitled to have custody of the Child for
up to two (2) non-consecutive weeks for vacation each summer upon providing at least 30 days
advance notice to the other parties. The party providing notice first shall be entitled to preference on
the selection of vacation dates. In 2008, the Paternal Grandparents have provided notice of their
intention to exercise a period of vacation custody from June 14 through June 21. The party or parties
scheduling vacation under this provision shall provide advance notice to the other parties of the
address and telephone number (land line if available) where the Child can be contacted. The Father
shall be entitled to vacation periods of custody with the Child as agreed upon and arranged by
agreement between the Father, the Mother and the Paternal Grandparents.
5. All parties shall engage in a course of family counseling with a professional to be selected
by agreement. The Mother shall encourage the maternal grandmother to participate in the counseling
process. The purpose of the counseling shall be to assist the family members in establishing sufficient
communication and cooperation to enable them to effectively contribute to and participate in the
Child's care and life in a manner conducive to the Child's emotional well-being. Within ten (10) days
of the custody conciliation conference, the parties shall select the counselor and contact the counselor's
office to schedule the first counseling session. Any costs of counseling which are not covered by
insurance shall be shared equally between the parties attending the particular session.
6. No party shall do or say anything which may estrange the Child from any other party, injure
the opinion of the Child as to any other party, or hamper the free and natural development of the
Child's love and respect for any other party. All parties shall ensure that third parties having contact
with the Child comply with this provision.
7. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
8. The Mother's Complaint for Custody filed at Docket No. 2008-2323 shall be consolidated
into the previously filed Complaint initiated by the Paternal Grandparents at Docket No. 2008-1887.
BY TH T,
Edward E. Guido J.
Z.-
cc: ry A. Etter Dissinger, Esquire - Counsel for Plaintiff Paternal Grandparents
Susan K. Candiello, Esquire - Counsel for Mother
Robert L. Simpkins, IV - Father
'ONVA-VSNN3d
,U,Nf o "lP ' }
6S :I did 9- IN 9001
1QN%liOG d 3HI 40
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III
Plaintiffs
VS.
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN
Defendants
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-1887 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
Andrew R. Simpkins
DATE OF BIRTH
October 21, 2006
2. A custody conciliation conference was held on April 30, 2008, with the following
individuals in attendance: the Paternal Grandparents, Jennifer L. and Robert L. Simpkins, with their
counsel, Mary A. Etter Dissinger, Esquire, the Mother, Jami L. Jordan, with her counsel, Susan K.
Candiello, Esquire, and the Father, Robert L. Simpkins, IV, who is not represented by counsel in this
matter.
3. At issue during the conference was the Paternal Grandparents' Complaint for Custody, the
Mother's Motion to Dismiss the Plaintiffs' Complaint and the Mother's Complaint for Custody. This
Court entered an Order on April 21, 2008 directing the conciliator to address the issue of standing of
the grandparents to bring this action and to schedule a hearing on the standing issue if unresolved.
4. The parties were able to reach an agreement as to all outstanding custody issues including
both Complaints for Custody and the Motion to Dismiss. It was also agreed at the conference that the
Mother's Complaint for Custody would be consolidated with the Paternal Grandparents' Complaint
under Docket No. 2008-1887.
5. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
KOPE & ASSOCIATES, LLC
BY: LESLEY J. BEAM, ESQ.
ATTORNEY I.D. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
Ibeam0kouelaw.com
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III
Plaintiffs,
vs.
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN
Defendants
Attorney for Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
: No: 2008-1887
CIVIL ACTION - LAW
IN CUSTODY
PETITION TO MODIFY CUSTODY ORDER
AND NOW COMES the Petitioner, Jami L. Jordan, by and through her attorney,
Lesley J. Beam, Esquire, and files this, her Petition to Modify Custody Order, of which
the following is a statement:
1. The Petitioner is Jami L. Jordan, currently residing at 214 South High Street,
Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter
"Petitioner" or "Mother").
2. The Respondents are Plaintiffs Jennifer L. Simpkins and Robert L. Simpkins, III,
and Defendant Robert L. Simpkins, IV, all of whom are currently residing at 104
East Keller Street, Mechanicsburg, Cumberland County, PA 17055.
3. Petitioner and Respondent Robert L. Simpkins, IV are the natural mother and
father, respectively, of the minor child Andrew R. Simpkins, born October 21,
2006, currently 22 months of age (hereinafter the "child").
4. Respondents Jennifer L. Simpkins and Robert L. Simpkins, III are the child's
paternal grandparents (hereinafter "Paternal Grandparents")
5. The child was born out of wedlock. Mother and Father are currently single.
6. Mother is currently residing with her mother, the maternal grandmother of the
child, and her sister, the child's aunt.
7. Father and Paternal Grandparents reside together, with other individuals at
various times.
8. An Order of Court was entered in this matter on May 6, 2008 regarding the
custody of the child. Said Order was entered after conciliation; a true and correct
copy of said order is attached as Exhibit "A" (hereinafter the "Order").
9. The Order provides that Mother and Father share legal custody of the child. The
Order further provides that Mother and Parental Grandparents share physical
custody of the child on the following schedule: Mother has custody of the child
every Monday at 4 pm until Wednesday at 6 pm, every Thursday from 4 pm to 6
pm, and every Saturday at 4 pm until Sunday at 6 pm. Paternal Grandparents
have custody of the child at all other times.
10. Father does not have any delineated physical custody of the child per this Order,
although he enjoys the child during Paternal Grandparents' periods of custody.
2
11. The Order does not reflect Mother's understanding of the agreement reached at
conciliation, however. It is believed that either a true agreement on the terms
between the parties was not reached, or Mother's former attorney agreed to
these terms without explaining to Mother the terms, and receiving her assent.
12. Mother contacted her former attorney in an attempt to have this Order remedied;
said attorney was nonresponsive and would not take action on Mother's behalf.
13. Mother's specific concern now, and at the time of conciliation, is and was that
Paternal Grandparents did not have standing to file their initial custody complaint;
Mother filed a Motion to Dismiss on the basis of this lack of standing. Mother did
not intend to waive her objection, nor did she agree to Paternal Grandparents
having physical custody of the child. Instead, she intended Father to share
physical custody of the child with her. Mother did not agree to provide Paternal
Grandparents with any rights to the child.
14. Mother did not agree to Paternal Grandparents having a "right of review" over
decisions made by Mother and Father for the child.
15. Further, Mother believed that the physical custody schedule, to be shared with
Father, would be different than the schedule contained in the Order. Mother
believed that she would be receiving more physical custody of the child than is
provided for in the order.
16. The current physical custody schedule is cumbersome, and limits Mother's time
with the child in a way which Mother believes is detrimental to the child's best
interests.
3
17. Further, Mother does not wish for Paternal Grandparents to have custodial rights
to and/or over the child. The child has two parents who love him, and a mother
who is able to care for him and take care of his needs. While the assistance of
both paternal and maternal grandparents is appreciated, Mother does not feel
that such assistance justifies a court order relegating custodial rights to
grandparents.
18. It is Mother's concern that by allowing Paternal Grandparents to exercise such
control over the child, and in consideration of Paternal Grandparents' history of
exerting encroaching and inappropriate control over Mother, Father and the child,
the child will not develop the appropriate parental relationships with his natural
parents.
19. Finally, since the entry of the Order, Mother has become concerned that Father
is not acting as the parent to the child when in his parent's custody.
20. It is Mother's desire and Mother hereby requests that the custody order be
modified to (1) remove any language affording Paternal Grandparents the right of
review over Mother and Father's decisions regarding the child; (2) remove all
language affording Paternal Grandparents physical custody of the child; and (3)
grant Mother primary physical custody of the child, with Father enjoying partial
physical custody of the child.
21. The best interest and permanent welfare of the child will be served by granting
relief as requested because:
4
a. Mother, as the child's natural parent, is the appropriate person to be the
primary custodian of the child. Mother was the primary custodian of the
child when Mother resided with Paternal Grandparents, and she has been
an involved and loving parent at all times;
b. Mother does not dispute that Paternal Grandparents should have
involvement in the child's life. Father has the ability as the natural parent
and appropriate partial physical custodian to provide Paternal
Grandparents that involvement. (Similarly, Mother has the ability as the
natural parent to involve the maternal grandparent and other members of
her family in the child's life);
C. Paternal Grandparents have frequently attempted to exert overreaching
and inappropriate control over Mother, Father and the child. Such actions
will act to both prevent Father from bearing responsibility and parenting
his child, and will create confusion in the child about the nature of his
relationship with his mother;
d. Mother is able to provide a stable home and emotional environment for the
child, and has the support and assistance of family in said environment;
and
e. Mother has the facilities to provide for the care, comfort and control of the
child, as well as the intention and desire to do so.
5
22. Petitioner does not know of a person not a party to the proceedings that has
physical custody of the child or claims to have custody or visitation rights with
respect to the child.
23. Each parent whose parental rights to the child have not been terminated and all
persons who have physical custody of the child have been named as parties to
this action.
WHEREFORE, Petitioner requests that this Honorable Court modify the Order to
(1) remove any language affording Paternal Grandparents the right of review over
Mother and Father's decisions regarding the child; (2) remove all language affording
Paternal Grandparents physical custody of the child; and (3) grant Mother primary
physical custody of the child, with Father enjoying partial physical custody of the child..
Respectfully Submitted,
KOPE & A,,"OCIATES, LLC
By:
Dated: V$/08-
J! Beam, Esq.
6
VERIFICATION
I, Jami L. Jordan, the Petitioner in this matter, have read the foregoing Petition to
Modify Custody Order. I verify that my averments in this Petition are true and correct
and based upon my personal knowledge. I understand that any false statements herein
are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications
to authorities.
Dated: 9 - ,57-dl e-Z
AL"
J i L. Jordan
7
t
J
MAY 06 2009
j
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III
Plaintiffs
vs.
ROBERT L. SIMPKINS, IV,
JAM] L. JORDAN
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-1887 CIVIL ACTION LAW
IN CUSTODY
ORDER OF C-OURT
AND NOW, this CG4'" day of /* 2008, upon
>
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Mother, Jami L. Jordan, and the Father, Robert L. Simpkins, IV, shall have shared legal
custody of Andrew R. Simpkins, born October 21, 2006. Major decisions concerning the Child
including, but not necessarily limited to, his health, welfare, education, religious training and
upbringing shall be made jointly by the parents after discussion and consultation with a view toward
attaining and following an harmonious policy in the Child's best interest. The parents shall include
and involve the Paternal Grandparents in discussions and consultations concerning major decisions
related to the Child. Neither parent shall impair the other parent's rights to shared legal custody of the
Child. None of the parties shall attempt to alienate the affections of the Child from any of the other
parties. Each party shall notify the other parties of any activity or circumstance concerning the Child
that could reasonably be expected to be of concern to the other parties. Day to day decisions shall be
the responsibility of the party then having physical custody. With regard to any emergency decisions
which must be made, the party having physical custody of the Child at the time of the emergency shall
be permitted to make any immediate decisions necessitated thereby. However, that party shall inform
the other parties of the emergency and consult with them as soon as possible. Each party, including the
Paternal Grandparents, shall be entitled to complete and full information from any doctor, dentist,
teacher, professional or authority and to have copies of any reports or information'given to any parent
or party. The Paternal Grandparents shall have the right to obtain legal review of any major decisions
made by either parent under this provision if they believe the decision will have a detrimental, harmful
effect on the Child.
2. The parties shall have physical custody of the Child in accordance with the following
schedule:
A. The Mother shall have custody of the Child every week from Monday at 4:00 p.m.
through Wednesday at 6:00 p.m., on Thursday from 4:00 p.m. until 6:00 p.m., and from Saturday at
4:00 p.m. until Sunday at 6:00 p.m.
B. The Paternal Grandparents shall have custody of the Child every week from
Wednesday at 6:00 p.m. through Thursday at 4:00 p.m., from Thursday at 6:00 p.m. through Saturday
at 4:00 p.m., and from Sunday at 6:00 p.m. through Monday at 4:00 p.m.
C. The Father shall have custody of the Child as arranged by agreement with the
Mother and Paternal Grandparents.
3. The parties shall share having custody of the Child on holidays in accordance with the
following schedule:
A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run
from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall
run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years,
the Paternal Grandparents shall have custody of the Child during Segment A and the Mother shall have
custody during Segment-B. In odd-nurnbered,years, the.Mother, shall have custody of the Child during -
Segment A and the Paternal Grandparents shall have custody during Segment B. The Father shall have
custody of the Child over the Christmas holiday as arranged by agreement with the Mother and the
Paternal Grandparents.
B. Thanksgiving: In every year, the Paternal Grandparents shall have custody of the
Child on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the Mother shall have custody from
2:00 p.m. until 9:00 p.m. The Father shall have custody of the Child for the Thanksgiving holiday as
arranged by agreement with the Mother and Paternal Grandparents.
C. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
4. The Mother and the Paternal Grandparents shall be entitled to have custody of the Child for
up to two (2) non-consecutive weeks for vacation each summer upon providing at least 30 days
advance notice to the other parties. The party providing notice first shall be entitled to preference on
the selection of vacation dates. In 2008, the Paternal Grandparents have provided notice of their
intention to exercise a period of vacation custody from June 14 through June 21. The party or parties
scheduling vacation under this provision shall provide advance notice to the other parties of the
address and telephone number (land line if available) where the Child can be contacted. The Father
shall be entitled to vacation periods of custody with the Child as agreed upon and arranged by
agreement between the Father, the Mother and the Paternal Grandparents.
5. All parties shall engage in a course of family counseling with a professional to be selected
by agreement. The Mother shall encourage the maternal grandmother to participate in the counseling
process. The purpose of the counseling shall be to assist the family members in establishing sufficient
communication and cooperation to enable them to effectively contribute to and participate in the
Child's care and life in a manner conducive to the Child's emotional well-being. Within ten (10) days
of the custody conciliation conference, the parties shall select the counselor and contact the counselor's
office to schedule the first counseling session. Any costs of counseling which are not covered by
insurance shall be shared equally between the parties attending the particular session.
6. No party shall do or say anything which may estrange the Child from any other party, injure
the opinion of the Child as to any other party, or hamper the free and natural development of the
Child's love and respect for any other party. All parties shall ensure that third parties having contact
with the Child comply with this provision.
7. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
8. The Mother's Complaint for Custody filed at Docket No. 2008-2323 shall be consolidated
into the previously filed Complaint initiated by the Paternal Grandparents at Docket No. 2008-1887.
cc: Mary A. Etter Dissinger, Esquire - Counsel for Plaintiff Paternal Grandparents
Susan K. Candiello, Esquire - Counsel for Mother
Robert L. Simpkins, IV - Father
TV'
N1Y ??}}Jta? +y 1 t??1y/?? ?'=:'Y .. ,,y?•} ? -?rv,:`Ftl Cow
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III
Plaintiffs
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-1887 CIVIL ACTION LAW
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN
Defendants
IN CUSTODY
Prior Judge: Edward E. Guido
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
follows: 1. The pertinent information concerning the Child who is the subject of this litigation is as
NAME DATE OF BIRTH
Andrew R. Simpkins October 21, 2006
2. A custody conciliation conference was held on April 30, 2008, with the following
individuals in attendance: the Paternal Grandparents, Jennifer L. and Robert L. Simpkins, with their
counsel, Mary A. Etter Dissinger, Esquire, the Mother, Jami L. Jordan, with her counsel, Susan K.
Candiello, Esquire, and the Father, Robert L. Simpkins, IV, who is* not represented by counsel in this
matter.
3. At issue during the conference was the Paternal Grandparents' Complaint for Custody, the
Mother's Motion to Dismiss the Plaintiffs' Complaint and the Mother's Complaint for Custody. This
Court entered an Order on April 21, 2008 directing the conciliator to address the issue of standing of
the grandparents to bring this action and to schedule a hearing on the standing issue if unresolved.
4. The parties were able to reach an agreement as to all outstanding custody issues including
both Complaints for Custody and the Motion to Dismiss. It was also agreed at the conference that the
Mother's Complaint for Custody would be consolidated with the Paternal Grandparents' Complaint
under Docket No. 2008-1887.
t
5. The parties agreed to entry of an Order in the form as attached.
9, 19 a)
Date
Dawn S. Sunday, Esquire
Custody Conciliator
KOPE & ASSOCIATES, LLC
BY: LESLEY J. BEAM, ESQ.
ATTORNEY I.D. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
Ibearn0koaelaw.com
Attorney for Petitioner
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III
Plaintiffs,
vs.
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
: No: 2008-1887
CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I, Julie Wehnert, Paralegal, do hereby certify that on this 18t' day of September
2008, 1 served a true and correct copy of the foregoing Petition to Modify Custody Order
via regular U.S. First Class mail, postage prepaid, addressed as follows:
Mary Etter Dissinger, Esquire
28 N. 32"d Street
Camp Hill, PA 17011
(Attorney for Plaintiffs)
Robert L. Simpkins, IV
104 East Keller Street
Mechanicsburg, PA 17055
KOPE & ASSOCIATES, LLC
lie Wehnert
aralegal
„ d
00
ni?
CA rn
C?
JENNIFER L. SIMPKINS, ROBERT L.
SIMPKINS
PLAINTIFF
V.
IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
2008-1887 CIVIL ACTION LAW
ROBERT L. SIMPKINS, IV, JAMI L. JORDAN
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Monday, September 29, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 28, 2008 at 11:30 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunda Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
--f Arow 4v
Z : d 0C 83S 96BZ
?? 1v
567 aE-b
?'ga- a€-5
SO.O-E .b
MON 9 7 2008 b
4
JENNIFER L. SIMPKINS, IN THE COURT OF COMMON PLEAS OF
ROBERT L. SIMPKINS CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs. 2008-1887 CIVIL ACTION LAW
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN
Defendant IN CUSTODY
ORDER OF COURT
AND NOW this YA da of 2008_ t? rr6y? , Y , upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The parties shall submit themselves, the minor Child, and any other individuals deemed
necessary by the evaluator to a custody evaluation to be performed by Kasey Shienvold or other
professional selected by agreement between the parties. The purpose of the evaluation shall be to
obtain independent professional recommendations concerning ongoing custody arrangements which
will best meet the needs of the Child.. All costs of the evaluation shall be shared equally between the
parties, with the Paternal Grandparents paying one-third, the Father paying one-third and the Mother
paying one-third. The parties shall sign any authorizations deemed necessary by the evaluator in order
to obtain additional information pertaining to any of the parties or the Child.
2. Within sixty (60) days of receipt of the written custody recommendations, counsel for any
party or a party pro se may contact the conciliator to schedule an additional custody conciliation
conference, if necessary.
I Pending further Order of Court or agreement of the parties, the prior Order of this Court
dated May 6, 2008 shall continue in effect.
BY T.44r COURT'.
Edward E. Guido J.
cc
ley J. Beam, Esquire - Counsel for Mother
fry A. Etter Dissinger, Esquire - Counsel for Paternal Grandparents
obert Simpkins, IV - Father
A
r/ A M ASININ d
8 G :11 WV ? 1 ICON OOOZ
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS
Plaintiff
vs.
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-1887 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Andrew R. Simpkins October 21, 2006 Mother and Paternal Grandparents
2. A custody conciliation conference was held on November 3, 2008, with the following
individuals in attendance: the Paternal Grandparents, Jennifer L. Simpkins and Robert L. Simpkins,
with their counsel, Mary A. Etter Dissinger, Esquire, the Father, Robert Simpkins, IV (Bobby), who is
not represented by counsel in this matter, and the Mother, Jami L. Jordan, with her counsel, Lesley J.
Beam, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
Ri FD-0t ri'0E
(' THEE PRA
2010 MAR -9 R11 2: 25
KOPE & ASSOCIATES, LLC
JULIE A. WEHNERT, ESQ.
Attorney ID 307900
395 Saint Johns Church Road, Suite 101
Camp Hill, PA 17011
(717) 761-7573
jwehnert@kopelaw.com
Attorney for Defendant
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III
Plaintiffs,
vs.
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
: No: 2008-1887
CIVIL ACTION - LAW
IN CUSTODY
PRAECIPE FOR ENTRYIWITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Jami L. Jordan, Defendant, in the
above-captioned custody matter.
/3 -?.?. IDO, v c
DATE ')95 LIE A. WEHNERT, E QUIRE
St. Johns Church Road
Camp Hill, PA 17011
Supreme Court ID# 307900
Please withdraw my appearance on behalf of i L. Jordan, Defendant in the
above referenced custody matter. , 11
'31 a 40 (0
DATE L SLEW-J/ B M, ESQUIRE
-5 St J ns Church Road
Camp 'I, PA 17011
Supreme Court ID# 91175
A
CERTIFICATE OF SERVICE
I, Julie A. Wehnert, Esquire do hereby certify that on this 8th day of March, 2009,
I served a true and correct copy of the foregoing Praecipe for Entry/Withdrawal of
Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows:
Mary Etter Dissinger, Esquire
28 N. 32nd Street
Camp Hill, PA 17011
(Attorney for Plaintiffs)
Robert L. Simpkins, IV
104 East Keller Street
Mechanicsburg, PA 17055
KOPE & ASSOCIATES, LLC
?-
BY:
Ju i A. Wehnert, Esq.
1. .30 7900
395 St. Johns Church Road
Camp Hill, PA 17011
(717) 761-7573
Attorney for Defendant Jami L. Jordan
,_ _ . ...:iet,t
2010 J -1A -4 kt 311: 10
Jeffrey B. Engle, Esquire
SHAFFER & ENGLE LAW OFFICES
512 Market Street
Millersburg, PA 17061
717-692-2345 * phone
717-692-3554 * fax
jeff@shafferengle.com
U,
rE. 4 ;+
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III
Plaintiff/Petitioner
vs.
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-1887
IN CUSTODY
PETITION TO MODIFY CUSTODY ORDER
AND NOW, this day of May, 2010, the following Petition to Modify Custody
Order by Petitioner, Jennifer L. Simpkins and Robert L. Simpkins, III, and respectfully requests
This Honorable Court grant a Custody Conciliation, and in support thereof, the following is
averred:
1. Petitioners are JENNIFER L. SIMPKINS and ROBERT L. SIMPKINS, III, adult
individuals currently residing at 307 Hemlock Road, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. Respondent is ROBERT L. SIMPKINS, IV, an adult individual currently residing
at 307 Hemlock Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
Pyo, oa 1??L
?.
r??a???3a
3. Respondent is JAMI L. JORDAN, an adult individual currently residing at 18 S.
Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania 17055.
4. Plaintiff is represented by counsel, Jeffrey B. Engle, Esquire, of Shaffer & Engle Law
Offices, LLC located at 512 Market Street, Millersburg, Pennsylvania 17061.
5. The undersigned counsel does not know if Respondent is represented by counsel.
6. Petitioners seek custody of the following child:
Name Present Residence Age
ANDREW R. SIMPKINS 307 Hemlock Road 3 years old
Mechanicsburg, PA 17055 (DOB 10/21/2006)
The child was born out of wedlock.
The child is presently in the custody of JENNIFER L. SIMPKINS and ROBERT L.
SIMPKINS, paternal grandparents, who reside at the address listed above.
During his lifetime, the child has resided with the following persons at the following
addresses:
Name Address Date
Jennifer L. Simpkins 104 E. Keller Street 5/6/08 - 11/2009
Robert L. Simpkins, III Mechanicsburg, Pa
Robert L. Simpkins, IV
Jami L. Jordan 217 High Street 5/6/08 - 5/2009
Patricia Jordan Mechanicsburg, Pa
Robert "Bud" Jordan
Casey Jordan
Eli Jordan
Jennifer L. Simpkins 307 Hemlock Road 11/2009 - present
Robert L. Simpkins, III Mechanicsburg, Pa
Robert L. Simpkins, IV
Name Address Date
Jami L. Jordan
Patricia Jordan
Robert "Bud" Jordan
Casey Jordan
Eli Jordan
18 S. Chestnut Street
Mechanicsburg, Pa
5/2009 - present
The mother of the child is JAMI L. JORDAN who currently resides at the above-
referenced address.
The father of the child is ROBERT L. SIMPKINS IV, who currently resides at the above-
referenced address.
7. The relationship of Petitioners to the child is that of paternal grandparents. The
Petitioners currently reside with the following persons:
NAME
Robert L. Simpkins, IV
Andrew R. Simpkins
RELATIONSHIP
Natural Father
Subject Minor Child
8. The relationship of Respondent, Jami L. Jordan, to the child is that of natural mother.
The Respondent currently resides with the following persons:
NAME
Patricia Jordan
Robert "Bud" Jordan
Casey Jordan
Eli Jordan
RELATIONSHIP
maternal grandmother
maternal grandfather
Jami's sister
Jami's nephew
9. Pursuant to the Order of Court entered on May 6, 2008, the parties have shared legal
custody and physical custody. (See copy of Order attached hereto as Exhibit 1).
10. Petitioner seeks modification of the current Order for the following reasons:
a. Mother was recently cited by police in Cumberland County for underage DUI
while the subject minor child was in the vehicle. (See attached docket, complaint and
probable cause affidavit attached hereto as Exhibit 2).
b. Mother does not provide proper care of the child:
i. Mother does not encourage proper eating or sleeping habits. She gives the
child to Petitioner without having fed the child and the child is exhausted;
ii. Mother has not taken the child to the pediatrician in almost two (2) years;
and
iii. Mother does not provide child with his medications for his respiratory
issues or sinus and/or ear infections.
c. Mother does not supply clothes that fit the child.
d. The subject minor child was returned to Petitioners on April 13. 2010, with
bruises on his back. (See photos attached hereto as Exhibit 3). Child
indicates that "mommy hits me," pointing to his back and face. The child
reacts when he gets in trouble at Petitioners' house by hiding behind a chair or
under the table shaking while stating "please no hit, please no hit me."
11. Petitioner has not participated as a party or witness, or in another capacity in other
litigation concerning the custody of the child in this or another court. Plaintiff has no
information of a custody proceeding concerning the child pending in a court of this
Commonwealth.
12. Petitioner does not know of a person not a party to the proceeding who has physical
custody of the child, or claims to have custody or visitation rights with respect to the child.
13. The best interest and permanent welfare of the child will be served by granting the
relief requested.
WHEREFORE, the Petitioners, Jennifer L. Simpkins and Robert L. Simpkins,
respectfully request that This Honorable Court grant their request for primary legal and physical
custody of the subject minor child.
Dated: 40 a 1 l
Respectfully submitted,
Jeffrey EfCE ife
I.D. o. 7 64SHAFFER & LAW OFFICES
512 Market Street
Millersburg, PA 17061
(717) 692-2345
Attorney for Petitioner
VERIFICATION
I verify that the averments in this Petition to Modify Custody Order are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904,
relating to unsworn falsification to authorities.
Dated:
5rulifer mpkins, Petitioner
Robert L. Simpkins, III, Petitioner
ORDER OF COURI
N D 'NOIA% tit!, ry?
5!i ..i;atio f'lw.por V. , rnJ directed. as !'Ojlovv?-,
i_ aa:; NlothelI .Ei .L, `h f A:i'i'- , -?CI?crl 'l.,'..nLi IV `shik:13
f3 ?TIIi' }t.M .F.1?: hi:. :IaS € 1 +'11':? It lnl Y7?' fifer jiNc '., io
L:aLtiilFl and
an,d ,. lvL the Child, T a, t!.
, t.;4- Child, Nt: hcy n',S.rl-ni ii,: i' .ilc?iS+` t.>Zi: •Iirl?'} i'??. 1.? `. y ?i .. ?.t a.a? v k.'Mt} ..?:'' .:i
„li: i.R,??3;. !tt?l. j]i}!"`:;:ti. .'t?$riEa c..t.'.i?•? $C" ail'>'ii??w i?44' ;tZ?t>?'.€?_?,? ?' i?Iti: .`?li? .t;t''iz .lI'.? E': .:a''1
tO €.EYL
;24€', <7t.e ,: i1! C'.tlS104I) il?'iE"i
which mus- h made, the par, 1i.4 ta., j C `.t l .-u-,I d., o gull" :?Itt' t)i? Mlle ? C4 itk 34)
b to inake an', 1..1 n;:.?,..i aL`4?.,.: ic38 that part ti
Ult.:tt.r r ,st`*i..? Dr Mlle CFl a` ac?h part,
a.
.{
llatttcn «; S,Frjndoa,%€vI , `'-i i411 n: ni ,!_i .t ::lr?l t? l 11 ", I'.OM n% Ltg ..
11 1. I'',. .1 .. ;ii anN Ti'?G3. _. t:mss€i3}
.i!1 jS. VIV ur .!.<_ t?C 1v]1_ +; a deLri: ,,-.,_ ... ... ...
r, rh: Chil&
LE ? ?ttt ? ? _ tr, ? .
IS parties shah fi1zv,? :ustitid of th in
Y The +' f?it2't 4123 i hp f r.`r4 .1"A the Ghlaaf
at Wt.i,. 4:00 r-11
.
IT,. .<t?t+ ?4.ilifY FL M
-.,
tt{[r
?r
C y
t R i S' YIT 3 'R
77 t 3 •'
._a.
:,t: o i?1°>r= $ hlj . tq;
rut. [ -i< Ot="mmia,.t3z .a .? `) I7;c;;sj; ft3 :fL?t 1? WIl91C' _ !? :.- 'f` fi«s s: ?S
Lit-rtUrIlil.I
fa:LLrJ t-5rai'&
4 i:'s 1itC? t h- P termil i. =z an I. ','1(i.li ust z ;i'?t3` ` 'i ! 1?*. E" , ? 't? ltii_'. ata.:4: S1?'•:
1!? } x 1[ the 1.. h11 : R11°G'.i ffi$ x -?, flue 410 ,1- .!'zC
dic Paterra Ors` nd-, I "Ci. ;hall CIsive ?:ttsuvji
,... Url, TI.I F. An>_
"9•iitJ
3I1?GyiSt %vith ?y'Ihv `.ti7121t`.t 7,_i t:.r
C. The 131.??1Se?3v-, ,",;hall
scheduic.
"ne Not#th- atic 011 t: ..., i -' andIn.irents shall ,::a. t i...' _ cu?„?x ?1fttti 11.$?i.?
{ ¢h! { ,py x j? il?.2. ili 1f4.1?3 (: w .°. up 4, S'???? ?ach, ...ri.,??:?1.. ll1 i?4l is ..,i:1 •?''
ii
the of ....r'.;_.
"III IL -8 . l
' psiri } i'iiC.,
= #yt ?r .:ltion lit dc-
odress aslj ? s is phons~ Stunit?; T a , i? 4 o be contacted I i, tl "
Cintlt3 and f
?tteaT?:k iiirt., i:`i. ..+:i..- t, ?sSLTiiaii
r€?.. rTC. 3rd, 1wf3Ct? LCaL>,
>9Y .: l:.T"'°t? l£'^.' i.8. Tic: MO!xi_ ;iiuF ..i_'.
'? 3. ti4 ?il:," ?'Si.3 k?ti? itd ?.. .tt:! "?. rI. _ .?.t, -`t :?•, •j '• ???1i i
wmr,,,t.r?.-!i,js and 'LI2::T9t to
.'TI L ttk in ....i..S ik:. ?e ?.?. _ % tht Ciilk" u?ri`,1 r P?. ? 3lttla.::'J:
?t th':x.,:s,, ? tilt` .L.,;,I?,+
a# iar ia?3E €c tj?„ ??z1
arv 1)01
:HI 2 ?, Ii3ICiI parties
'Lt- ns'.!snx, shill.! J t)'?
tti G,I7:IL
.i: ?? ? ?' ztl' s1` a:", Ci shalF w?Sa 3s 3?c i third
? a Oa _..? shah
i'a"t- tht- ilrc <?,, filet;
%.?. ti«. ..,{C {n?^ ?Gi4i?: ?. .i;i.: ?.. for
JENNIFER L. SIMPKfN!S.
ROBERT L. SIMPKINS, III
Plaintiffs
c-.
ROBERT L. SI NIPKINS, IV,
JAMI L. JORDAN
Defendants
Prior Judoe: Edward E. Guido
IN THE COURT O COMMON PLEAS OF
CUMBERLAND COU'NTY. PENNSYLVANIA
2008-1887 C"IN'II., AC"I'lON LAW
IN CUSTODY
CUSTODY CONCILIATION SChI? ARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDtTRE 1915.3-8, the undersigned Cus-todv Conciliator submits the following, report:
I _ The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH
Andre-tv R. Simpkins October ? t, 2006
custody conciliation conference was held on April 0. 2008. with the ollowin
individuals in attendance: the. Paternal Grandparents, Jennifer L. and Robert L. Simpkins, with their
counsel. glary A. Etter Dissin8er. Esquire. the Mother. Jami L. Jordan. With her counsel., Susan K.
Candiello.. Esquire. and the Father. Robert L. Simpkins. IN'. who is not represented by counsel in this
matter-
At issue during the conference: was the Paternal Grandparents' Complaint for C:zstod-. the.
Mother s 'lotion to Dismiss the Plaintiffs' Complaint and the Nlother's Complaint for Custody. This
Court entered an Order on April ? l . 2008 directing the conciliator to address the issue of standinc of
the grandparents to taring this action and to schedule a hearing on the standing issue if unresolved. w
4. 'T'he parties were able to reach an at regiment as to all outstanding custody issues includim,
both Complaints fear C:ustod-.- and the Motion to Dismiss. It %,vas also agreed at the conference that the
-M ther's Complaint for Custod-v would be consolidated e? ith the Paternal Grandparents' C iplaint
under Docket No. 2008-1887.
n e parties rig ed to entry o far Order to the for as attached.
:ate _?.....,... ?.._-.._.y, ._.,_
/F
Dawii S. Sunday.? Esquire"
Custody C'nneilialCir
Magisterial District Judge 09-3-05
Docket Number: C R-0000173-10
Crimi nal Docket
COMMONWEALTH OF PENNSYLVANIA
V.
JORDAN, JAMI LOUISE
Page 1 of 1
4 Will
`# 194nXizs s
ti
Judge Assigned: MARTIN, MARK Issue Date:
OTN: L 558283-5 File Date: 05/12/2010
Arresting Agency: UPPER ALLEN TWP, POLICE DEPT Case Disp: Withdrawn
Arresting Officer: HARLAN, JORY CHRISTOPHER Disp Date: 05/24/2010
Complaint/Incident # UAT20100500305 Requested: $0.00
County: CUMBERLAND Judgment: $0.00
Township: UPPER ALLEN TWP Case Status: Adjudicated
Name: JORDAN, JAMI LOUISE Address: MECHANICSBURG, PA 17055
Date Of Birth: 09/02/1989 Sex: Female
Race: White
01low W-
j # Charge Grade Description Disposition
1 75 § 3802 §§ E* M DUI: MINORS - 1ST OFFENSE Withdrawn
j 2 75 § 3718 §§ A S MINOR PROHIBITED/OPERATING W/ALCOHOL Withdrawn
3 18 § 6308 §§ A S PURCH ETC ALCOH BEV BY A MINOR Withdrawn
Schedule Date Event Type Status
07/19/2010 02:45 PM Preliminary Hearing
OW Re
Total Due: $0.00 Total Adj: $0.00
Total Paid: $0.00 Balance: $0.00
sum+rvs t
Summons Date Summons Action
_
05/17/2010 SUMMONS ACCEPTED
Name: HARLAN, JORY CHRISTOPHER
1200
Recent entries made in the court filing offices may not be i t sheets. Neither the courts of th
the Commonwealth of Pennsylvania nor the Administrative mes any liability for inaccurate
omissions on these docket sheets. Docket sheet informatio f a criminal history background
provided by the Pennsylvania State Police. Employers who of the Criminal History Record
Section 9101 et seq.) may be subject to civil liability as set forth in 1
Printed: 05/25/2010 3:12 pm
Unified Judicial System of
or delayed data, errors or
check, which can only be
Information Act (18 Pa.C.S.
May 27 2010 12:24 DISTRICT COURT 09-03-05 7177662238 P.1
COMMONWEAL-Ykt} PENNSYLVANIA POLICE CRIMINAL COMPLAINT
COUNTY OF: Cumberland COMMONWEALTH OF PENNSYLVANIA
Aft
Magisterial District Number. 09-3-05 vs.
•
55):
DEFENDANT: (NAME and ADORE
MD,J: Hon. Marls W. Martin
Address: Jam! Louise Jordan
507 York Street First Name Middle Name Last Name Gen.
Mechanicsburg, PA 17055 18 South CHESTNUT ST
Telephone: (717)766-4575 MECHANICSBURG, PA 17055
? 1-Felony Full ? 4-Felony No Ext.
..? B- Misdemeanor Limited ? E-Misdemeanor Pendinq'r
? 2-Felony Ltd. ? 5-Feony Pend, ? C- Misdemeanor Surrounding States
? 3-Felory Surraundinq States _-! A-Misde meanor Full ? 0- Misdemeanor No Extradition
Distance: miles
RACE 1ETHNICrrY 1st Num r Date FI ed OTTi LKvScan Number
Comp 6rt/Ind.. 'Numtw .
® White ? Hispanic -1 0 11112010 L558283-5 UAT201OD500305
® Non- DOB 912/1989 POB Harrisburg, PA
? Asian Hispanic Adld'l. DOB SSM
Add'I SSM
? Black ? Unknown ....- 198-70-5543
1
Native GENDER
? First Name Middle Name Last Name Gen,
American ? Male AKA
? Unknown X Female HAIR COLOR E] GRY (Gray) ? RED (Red/Aubn.) EYE COLOR ?GRN (Green) ? PNK (Pink)
SID, ? BLK (Black) ? ONG (Orange) ? BLN (Blonde! BLK (Black) ? GRY (Gray)
? MUL
35542655
Y ? BLLJ (Blue)
® BRO (Brown) ED PLE (Purple) Strawberry) BLU el
? PNK (Pink) ? WHI (White) (Blue) [D HAZ (Hazel) (Multicolored)
Yea ? No ? GRN (Green) ? SDY (Sandy) ? XXX (UnkJBald) BRO (Brown) ? MAR (Maroon)[] XXX (Unknown)
'te PA UGense Number 28734970 _ Expires 9/3/2014 F
? Yes? No DNA Location
150
r
5=
_
r?
Plate
? O
Ragwitiratlion
State Hazmat 0
St
icker MM YY Vah. I
Vt#?. Veh. Code
YIN
I Year
Make Model Style Color
wince of ute attorney rot the Commonwesitn L] Approved ? Disapproved because:
None Required
(Ttra attorney for Me Commormwo may require om the tomplairrt, arro of warrant dYWOW, or both be approved b Ito alto -
Y meYlorNeCommonwoalthprbrtoffirp. &eaPa.ftCr4n.P.507t.
(Name of Aeomey to Conrr?onweafh-Please Prim or Type) (S010lura of Attorrwy for ComM0rW"M) (Defe) _...__,,,...
1, Police Officer Jory Harlan 2318
(Name atAfhaM-Pease Print or Type) (PSPIMPOETC -Asslpneo AfRent ID Number
of Upper Allen Township Police PA0211 B00
(fdrantify Depanment or Agency RepmwrAed and POrM09d Subftsdon.._.._.. PDiice
( A(pnCy or ORI t9Umher)
do hereby state: (check appropriate box)
1. 1 accuse the above named defendant who lives at the address set forth above
? I accuse the defendant whose name is unknown tome but who is described as
? 1 accuse the defendant whose name and popular designation or nickname is unknown tome and whom I have
therefore designated as John Doe or Jane Doe
with violating the penal laws of the Commonwealth of Pennsylvania at [104 ] Upper Allen Township
. u wn e ( u n;
Geneva DR, Mechanicsburg, PA 17055
in Cumberland County [ 21 ] on or about 5/10/2010 8:59 PM
AOPC' 412, ... Rev. 12107 MAY 112010 Page 1 of 5 . -,
May 27 2010 12:24 DISTRICT COURT 09-03-05 7177662238 p,2
POLICE CRIMINAL COMPLAINT
t Number. Debe Filed: t)TN/I3veScan Number Com laF,
--t 5/1112010 L558283-5 UATT20100 r
00305 ?
First: Middle: Last:
:De#endatin>b# Jami Louise Jordan
The acts committed by 1he accused are described below with each Act of the Assembly or statute violated, if appropriate:
(Set forth a brief summary of the facts sufficient to advise the defendant of the nature of the offense(s) charged. A citation 10 the statute(s) violeted, Without
more, is not sufficient. In a surrunary case, you must ate the speck section(s) and subsection(s) of the statute(s) or ordinance(s) allegedly violated.)
l M ? Attempt ? Solicitation Conspiracy ? Ai ? A2 El B ? Permitting (Tide ?sot
M1 M;i o 18 901 A 18 902 A 18 903 (Engaging) (AftYfRg) (Knowlexlge) 751575 A
® 1 3802 a 75 1 M3 5404 gpD
Lead? Offense M Section subsection The Cooks Grade NCIC ONenee Code UCRINIBRS Code
? Safety Zone ? Work Zone
logo= F
Statute Descii*n/ACts of the accused assocated with this Offense;
75 - Vehicles itr r7c w Havehicle 3602 - Driving under influence of alcohol or controlled substance
3802 e
Minors --A minor may not drive, operate or be in actual physical control a movement after =imbiblnga cent
amount of alcohol such that the alcohol concentration in the minor's blood or breath is .02°x6 or higher within two hours after the
minor has driven, operated or been in actual physical control of the movement of the vehicle.
To Wit the defendant did drive, operate and was In actual physical control of the movement of a vehicle after imbibing a
sufficient amount of alcohol such that the the defendant's blood alcohol concentration was greater than 0,02% within two hours
of having driven, operated or been in actual physical control of the movement of the vehicle.
Attempt ? Solicitation Conspiracy ? Al ? A2 ? 8 n Permitting (Title 75 Only)
18 901 A 18 902 A 18903
!Er?gagin I Aid'
(Kn
9 ! jJ owledge) 75 1575A
Lee? 2 3718 a 75 1 SUM 5404
""tlf socson sucsecron Title Counts Grade NCIC Offense Code -- - UCR/NBRS Code
Y ? Safety Zone ? Work Zone
Statute Description/Acts of the accused assodated with thls 'Offe'4e.
75 - Vehicles t'tfC .?/2o Jl p
3718 - Minor prohibited from operating with any alcohol in system
3718 a ?-
OFFENSE DEFINED.--NOTWITHSTANDING ANY OTHER PROVISIO THIS TITLE, A MINOR SHALL NOT DRIVE,
OPERATE OR BE IN PHYSICAL CONTROL OF A MOTOR VEHICL RILE HAVING ANY ALCOHOL IN HIS SYSTEM.
To Wit the defendant did drive, operate and was in actual physical control of the movement of a motor vehicle while having
alcohol in her system.
law
? 3
Lead? Offense
3
Stahite 6-esorikki1
Attempt ? Solicitation
18901A 18902A
6308 a
e Section Subsection
accused associated with this Offense:
Conspiracy ? Al
18 903 (Engay
18
ride
? A2 El B p Permitting (Title 75 only)
(Afding) (Knowleaige) 75 1575 A
1 SUM NOG i
Counts Grade NCIC Offense Cote UCR/hNBRS Code i
C' Safety Zone [- Work Zone I`
ACIFIC 41.2A - Rev. 17j07 Page 2 of 5
May 27 2010 12:24 DISTRICT COURT 09-03-05 7177662238
P.3
&AIk
POLICE CRIMINAL COMPLAINT
Docket Number:
1 Date Filed:
5/1 OTN/LiveSkan Number
L Compodnt/Ineident Number
-- 112010 558283-5 UAT20100500305
First: Middle; Last:
Jaml Louise ;Jordan
18 - Crimes and Offenses 5/70/ [ f)
6308 - Purchase, consumption, possession or transportation of liquor or malt or brewed beverages
6308 a
Offense defined.--a person commits a summary offense if he, being less than 21 years of age, attempt purchase,
purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages, as defined
in section 6310.6 (relating to definitions). for the purposes of this section, it shall not be a defense that the liquor or malt or
brewed beverage was consumed in a jurisdiction other than the jurisdiction where the citation for underage drinking was issued.
To Wit the defendant, being age 20, did admit to consuming an alcoholic beverage, had an odor of an alcoholic beverage
emanating from her breath, was exhibiting signs of intoxication and provided a Prliminary Breath Test sample of .028%
AOPC 412A - Rev. 12107 .,...?..?., .?..,._.?....?...,.....,.?.?.,._...?...?..?..-.. Page 3 of 5
May 27 2010 12:24 DISTRICT COURT 09-03-05 7177662238
p.4
&Ata
POLICE CRIMINAL COMPLAINT
Docket Numb e?: Date Filed: OTN/Lhre$can Number Complaint/ Incident Number
. I"[? 5f11/2010 L558283-5 UAT20100500305
f;rst: Middle: Last:
Jaml Louise Jordan
2. 1 ask that a warrant of arrestor a summons be issued and that the defendant be required to answer the charges I
have made.
3. 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and
belief. This verificatior is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S.§4904)
relating to unsworn falsification to authorities.
4. This complaint is comprised of the preceding Page, as well as the attached pages that follow, numbered
through -1;__ , specifying offenses and Participants, if any.
The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the
Commonwealth of Pennsylvania and were contrary to the Act(s) of the Assembly, or in violation of the statutes cited.
(Before a warrant of arrest can be issued, the affidavit of probable cause must be completed, sworn to
before the issuing authority, and attached.)
AND NOW, on this date, r /i'I 1 c _ 1 ce that the complaint been property completed and verified. An
affidavit of probable cause must be completed in order for a warrent to ue.
09-3.05
iMary'etsiN EYUna Ca,M1 "k,mber)
'+ ak
.vn+eix..r?r..Mw.wuw,..w?.a.a....+.nn.....ww?w .....w..r.+........wx.... ..?.........v,.r ........?....?.,,...............d..
AOPC 412A - Rev, 12(07 Page 4 of 5
May 27 2010 12:25 DISTRICT COURT 09-03-05 7177662238
p,5
POLICE CRIMINAL COMPLAINT
DoCket Number: be Flied: OTN/Llve$csn Number Complaint/Inddent Number
511112010 L558283-5 UAT20100500305
' First: Middle: Last:
Jaml Louise Jordan
AFFIDAVIT of PROBABLE CAUSE
On May 10, 2010 this affiant effected a traffic stop on an orange, 2005 Dodge Neon for a lighting violation, The operator
was identified as the defendant, Jami Jordan by her PA driver's license. The defendant admitted to having consumed an
alcoholic beverage, provided a positive Preliminary Breath test sample and I detected an odor of an alcoholic beverage
emanating from her breath. Subsequent to the investigation, the defendant was arrested for operating a motor vehicle
while being under the age of 21 and under the influence of an alcoholic beverage.
I, _ Police Officer Jour Harlan , BEING DULY SWORN ACCORDING TO THE LAW,
DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND i3
Sworn to me and subscribed before me this day of 4 ref a
Date Magisterial District Judge
My commission expires first Monday of January, 2A? 0,
SEAL
,AC3PC 412A -Rev. 12107 ...?.?....,.?...?......_??.,....,..,,.......,?_.Page 5 of 5 .?.,,
a
9
I
EXHIBIT
n
JENNIFER L. SIMPKINS, ROBERT L.
SIMPKINS, III
PLAINTIFF
V.
IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
2008-1887 CIVIL ACTION LAW
ROBERT L. SIMPKINS, IV, JAMI L. JORDAN
IN CUSTODY
DI:FFND.ANT
ORDER OF COURT
AND NOW, Monday, June 07, 2010 , upon consideration of the attached Complaint,
it is herehv directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Friday, July 02, 2010 at 3:00 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: _/s/ Dawn S. Sunday, Es _
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
I-IAVE 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 `.. -r7
?• -7 • to CCexAr. Cow t`nca (erJ -k4 C i ,
?1 32 South Bedford Street r
1g`? Carlisle, Pennsylvania 17013 (?• -J• (b A)& CtQs MDL CC Telephone (717) 249-3166
,
s; M :mss i} &k4- Socdan. <. , Z7
s?.?dQ ``
7. fib caq #ITS
T
FILES?-'? ? ? i?
7 AF?Y
2010 u-N 25 1' c? ! co
KOPE & ASSOCIATES, LLC
JULIE A. WEHNERT, ESQUIRE
ATTORNEY I.D. 307900
KOPE & ASSOCIATES, LLC
395 St. Johns Church Road, Suite 101
Camp Hill, PA 17011
(717) 761-7573
jwehnert@kopelaw.com
{ ?J -. ?y7Y
Attorney for Defendant, Jami L. Jordan
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III
Plaintiffs,
vs.
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No: 2008-1887
CIVIL ACTION - LAW
IN CUSTODY
ANSWER TO PLAINTIFF'S PETITION
FOR MODIFICATION OF CUSTODY AND COUNTER-PETITION
FOR MODIFICATION OF CUSTODY
AND NOW comes the above-named Defendant, JAMI L. JORDAN, by and
through her attorney, JULIE A. WEHNERT, ESQUIRE, and makes the following Answer
to Plaintiff's Petition for Modification and Counter-Petition for Modification of Custody:
ANSWER
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
I
5. Denied. Respondent/Defendant Jami L. Jordan, has been represented by
undersigned counsel since March 9, 2010 when a Praecipe for Entry/Withdrawal of
Appearance was filed with the Cumberland County Prothonotary's office.
6. Admitted in part; Denied in part. It is admitted that the child was born out
of wedlock and his birthdate is October 21, 2006. It is denied that the child is presently
in the custody of the Paternal Grandparents. The Mother and the Paternal
Grandparents are presently sharing physical custody of the child
7. Admitted.
8. Admitted.
9. Admitted.
10. (a) Denied. Mother was not cited for underage DUI. The charges of
DUI have been withdrawn as indicated on the Criminal Docket and Police
Criminal Complaint attached as Exhibit "A" of the Petition to Modify
Custody Order.
(b) Mother vehemently denies all allegations in this subsection. Mother
takes excellent care of the child while he is in her care and makes sure
that the child has well balanced meals. Mother has taken the child to all
regular pediatrician appointments that are scheduled during Mother's
custodial time. It is incorrect to insinuate that Mother does not care
enough to take the child to the doctor just because the last few
appointments have been during Plaintiffs' period of custody. The reason
that Mother has not attended these pediatrician appointments is either
Plaintiffs did not tell Mother about them until after they had occurred or
gave her notice of the appointments when it was too late to take off work.
(c) Mother vehemently denies this allegation. Mother can recall one
instance where the child was wearing his cousin's clothes when the
Plaintiffs picked the child up. Even though this was the case, the clothes
were not too big that they did not fit correctly on the child.
(d) Mother vehemently denies this allegation of abuse. Mother has
never hit the child. As stated above the child is 3 years old and is a very
active child. Bruising of this nature can occur for any number of reasons.
11. Denied. Defendant cannot affirm or deny what Plaintiffs participated in or
knows of concerning the custody of the child.
12. Denied. Defendant cannot affirm or deny what Plaintiffs know concerning
the proceedings.
13. Denied.
WHEREFORE, the Defendant, Jami L. Jordan, requests that you deny the relief
requested by the Plaintiffs and award Mother and Father, Robert L. Simpkins, IV,
shared legal and Mother primary physical custody of the minor child.
COUNTER-PETITION FOR MODIFICATION OF CUSTODY
14. The prior paragraphs of this Answer and Counter-Petition are incorporated
by reference as though fully set forth herein.
15. It is denied that it is in the best interest of the child for Paternal
Grandparents to have primary legal and physical custody of the child. The Order of
court dated May 6, 2008 gave shared legal custody to the Mother and the Father,
Robert L. Simpkins, IV with consultations to the Paternal Grandparents. An Order of
Court was issued November 14, 2008 after conciliation that ordered a custody
evaluation be performed by Dr. Kasey Shienvold. This evaluation's purpose was to
obtain professional independent recommendations concerning ongoing custody
arrangements. As of the date of filing this Petition to Modify Custody Order, the
evaluation has not been completed due to the fact that Robert L. Simpkins, IV, the
natural Father has not cooperated and has not appeared for any of his scheduled
appointments with Dr. Shienvold. The Petitioners, Paternal Grandparents have helped
the Father in shirking this responsibility. They have called into cancel Father's
appointments on more than one occasion and have helped stall the evaluation.
16. The current physical custody schedule is cumbersome, and limits Mother's
time with the child in a way that Mother believes is detrimental to the child's best
interests.
17. It is Mother's concern that by allowing Paternal Grandparents to exercise
such control over the child, the child will not develop the appropriate parental
relationship with the Mother.
18. It is Mother's belief that the Paternal Grandparent are requesting a change
in the legal and physical custody of the child at this time instead of waiting for the
evaluation to be completed because the Father has plead guilty to Conspiracy to
Engage in Burglary and will be sentenced on July 20, 2010. This will most definitely
lead to a jail sentence for the Father so he will not be able to participate in the ongoing
evaluation by Dr. Shienvold.
19. The best interest and permanent welfare of the child will be served by
granting relief as requested because:
a. Mother, as the child's natural parent, is the appropriate person to be
the primary custodian of the child. Mother was the primary custodian
of the child when Mother resided with Paternal Grandparents, and she
has been an involved and loving parent at all times;
b. Mother does not dispute that Paternal Grandparents should have
involvement in the child's life. Father has the ability as the natural
parent and appropriate partial physical custodian to provide Paternal
Grandparents that involvement. (Similarly, Mother has the ability as
the natural parent to involve the maternal grandparent and other
members of her family in the child's life);
c. Paternal Grandparents have frequently attempted to exert
overreaching and inappropriate control over Mother, Father and the
child. Such actions will act to both prevent Father from bearing
responsibility and parenting his child, and will create confusion in the
child about the nature of his relationship with his mother;
d. Mother is able to provide a stable home and emotional environment for
the child, and has the support, and assistance of family in said
environment; and
e. Mother has the facilities to provide for the care, comfort and control of
the child, as well as the intention and desire to do so.
WHEREFORE, the Defendant, Jami L. Jordan, requests that you deny the relief
requested by the Plaintiffs and award Mother and Father, Robert L. Simpkins, IV,
shared legal and Mother primary physical custody of the minor child.
Dated: 6
pectfully Submitted,
J . Wehnert, Esq.
A RNEY I.D. 307900
395 St. Johns Church Road
Camp Hill, PA 17011
(717) 761-7573
jwehnert@kopelaw.com
Attorney for Defendant, Jami L. Jordan
VERIFICATION
I, Jami L. Jordan, the Defendant in this matter, have read the foregoing Answer
and Counter-Petition for Modification. I verify that my averments in this Answer and
Counter-Petition are true and correct and based upon my personal knowledge.
understand that any false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904 relating to unsworn falsifications to authorities.
Dated: -6-ay-IA
_ L
Ja i L. Jordan
CERTIFICATE OF SERVICE
I, Julie A. Wehnert, Esquire, do hereby certify that on this 25th day of June, 2010,
I served a true and correct copy of the foregoing Answer to Plaintiffs' Petition for
Modification of Custody and Counter-Petition for Modification of Custody via regular
U.S. First Class mail, postage prepaid, addressed as follows:
Jeff Engle, Esquire
Shaffer & Engle Law Offices
512 Market Street
Millersburg, PA 17061
Attorney for Petitioners
Robert L. Simpkins, IV
307 Hemlock Road
Mechanicsburg, PA 17055
Defendant
Dawn S. Sunday, Esquire
39 West Main Street
Mechanicsburg, PA 17055
Co iliat r
Julie Wehnert, Esq.
Sup me Court I.D. 307900
395 St. Johns Church Road
Camp Hill, PA 17011
Tel: (717) 761-7573
Fax: (717) 761-7572
Attorney for Defendant, Jami L. Jordan
3
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III
Plaintiff
vs.
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-1887 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW this ` ~~ da of 2010, upon
Y
consideration of the attached Custody Conciliation R ort, it i ordered and directed as follows:
1. The prior Orders of this Court dated May 6, 2008 and November 14, 2008 requiring the
parties to obtain a custody evaluation shall continue in effect. The Father shall promptly make
arrangements to initiate and complete his role in the custody evaluation to enable the other parties to
schedule their final meetings in a timely manner.
2. None of the parties shall use physical discipline with the Child. The parties shall ensure that
third parties comply with this provision as well.
3. None of the parties shall consume alcohol to the point of intoxication or use illegal drugs.
4. No party shall do or say anything which may estrange the Child from any other party, injure
the opinion of the Child as to any other party, or hamper the free and natural development of the
Child's love and respect for any other party. All parties shall ensure that third parties having contact
with the Child comply with this provision.
5. Pending completion of the custody evaluation and further Order of Court or agreement of
the parties, the Paternal Grandparents shall have custody of the Child every week from Tuesday at 6:00
p.m. through Saturday at 4:00 p.m. and the Mother shall have custody from Saturday at 4:00 p.m.
through Tuesday at 6:00 p.m. and every Wednesday and Thursday from 4:00 p.m. unti16:00 p.m. The
Father shall have custody of the Child as arranged by agreement with the Mother and Paternal
Grandparents.
6. The Paternal Grandparents shall have custody of the Child for vacation from August 6
through 15, 2010 and the Mother shall have custody of the Child for a vacation period from July 25
through August 1, 2010.
..
7. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
THE COUR
Edward E. Guido
cc: / Jeffrey B. Engle, Esquire -Counsel for Paternal Grandparents
Julie A. Wehnert, Esquire -Counsel for Mother
~/ Robert Simpkins, IV -Father
gip; ~,s rna . ~~ 7~9a~~v
~~
J.
C7
~ Q
~ :.J
__
` ~~ ~~
'
_~
N -
? ;Y:
-
~,
r-~ ` ~=,
r „^
__
_f
~~ ;:,.
C:.:
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III
Plaintiff
vs.
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-1887 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Andrew R. Simpkins October 21, 2006 Mother and Paternal Grandparents
2. A custody conciliation conference was held on July 2, 2010, with the following individuals
in attendance: the Paternal Grandparents, Jennifer and Robert Simpkins, with their counsel, Jeffrey B.
Engle, Esquire, the Mother, Jami Jordan, with her counsel, Julie A. Wehnert, Esquire, and the Father,
Robert Simpkins, IV, who is not represented by counsel in this matter.
3. The parties agreed to entry of an Order in the form as attached.
~~~ fin/ d
Date Dawn S. Sunday, Esquire
Custody Conciliator
JIVIDEN & WEHNERT, LLC
JULIE A. WEHNERT, ESQ
ATTORNEY I.D. 307900
3461 Market Street, Suite 101
Camp Hill, PA 17011
(717) 730-3700
jawehnert@gmail.com
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III
Plaintiffs,
vs.
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN
Defendants
r F IL EJ-0t FIc
Attorney for Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No: 2008-1887
CIVIL ACTION - LAW
IN CUSTODY
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw the appearance of Julie A. Wehnert, Esquire on behalf of Kope &
Associates, LLC and enter the appearance of Julie A. Wehnert, Esquire on behalf of
Jividen & Wehnert, LLC as attorneys for the Defendant, Jami L. Jordan, in the above-
captioned action.
Date:
r
Julie*. Wehnert, Esquire
Jivi n & Wehnert, LLC
3461 Market Street, Suite 101
Camp Hill, PA 17011
Tele: (717) 730-3700
Fax: (717) 730-3770
CERTIFICATE OF SERVICE
I, Julie A. Wehnert, Esquire do hereby certify that on this day of
March, 2011, 1 served a true and correct copy of the foregoing Praecipe for Entry of
Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows:
Jeffrey Engle, Esquire
Shaffer & Engle Law Offices
512 Market Street
Millersburg, PA 17061
Counsel for Plaintiffs
Robert L. Simpkins, IV
307 Hemlock Road
Mechanicsburg, PA 17055
Defendant
JUL . WEHNERT, ESQUIRE
3461 arket Street, Suite 101
Cam Hill, PA 17011
Supreme Court ID# 307900
(717) 730-3700
Attorney for Defendant, Jami L. Jordan
KOPE & ASSOCIATES, LLC
JULIE A. WEHNERT, ESQUIRE
ATTORNEY I.D. 307900
KOPE & ASSOCIATES, LLC
395 St. Johns Church Road, Suite 101
Camp Hill, PA 17011
(717) 761-7573
jwehnert@kopelaw.com
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III
Plaintiffs,
vs.
Attorney for Defendant, Jami L. Jordan
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No: 2008-1887
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN
Defendants
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR CONTEMPT OF COURT
c-a
C
rn
Zt
2M
Z:7
T'
cn
A
?z
=Q
5;
z
-e
N
1?7
A.
N
w
0
ca
Z
rnr;,,,
-Orn
C3
a
C.-
.)C)
5rn
zo
-c
Petitioner Jami L. Jordan by and through her attorney, Julie A. Wehnert, Esq.
hereby moves this Honorable Court to enter an Order of Contempt against Respondent,
Robert L. Simpkins, IV because of his violation of this Court's Orders dated November
14, 2008 and July 12, 2010 ordering all parties to submit themselves to a custody
evaluation to be conducted by Dr. Kasey Shienvold. In support thereof, Petitioner avers
as follows:
1. Petitioner, Jami L. Jordan, is the mother of the below named minor child and
resides at 18 S. Chestnut Street, Mechanicsburg, PA 17055.
2. Respondent, Robert L. Simpkins, IV, is the father of the below named minor child
and resides at 104 East Keller Street, Mechanicsburg, PA 17055.
hl- /##j
fell 6*3t/
4,411 ??? ?6e
3. Andrew R. Simpkins, whose date of birth is October 21, 2006, is the natural son
of Jami L. Jordan and Robert L. Simpkins, IV.
4. Plaintiffs, Jennifer L. Simpkins and Robert L. Simpkins, III are the natural
paternal grandparents of the minor child.
5. A Petition to Modify Custody Order was filed by Petitioner on September 23,
2008 and custody conciliation was held by Dawn Sunday, Esquire. An Order of Court
was issued after the conciliation by this Honorable Court on November 14, 2008. The
Order kept the prior Order of Court dated May 6, 2008 in effect but adding the provision
that all parties submit themselves to Dr. Kasey Shienvold for a custody evaluation to
obtain independent professional recommendations concerning the ongoing custody
arrangements. See the November 14, 2008 Order of Court attached as Exhibit "A".
6. The course of the evaluation was to be done in such a way that each party was
to meet with Dr. Kasey Shienvold separately before a second round of meetings could
be scheduled. Both Petitioner and Plaintiffs have completed their first meetings with Dr.
Kasey Shienvold.
7. Respondent made several appointments to meet with Dr. Kasey Shienvold but
he or the Plaintiffs cancelled all appointments made. Therefore, Respondent did not
fulfill his obligation of the November 14, 2008 Order and submit himself to a custody
evaluation.
8. On June 4, 2010, the Plaintiffs filed a Petition to Modify Custody and conciliation
was scheduled before Dawn Sunday, Esq. on July 2, 2010. At that conciliation it was
agreed to by the parties that there should be no modification of the custody order until
the custody evaluation be completed. An Order of Court was issued on July 12, 2010
maintaining the prior orders and ordering Father to complete his role in the custody
evaluation. See the July 12, 2010 Order attached as Exhibit "B."
9. The pertinent portions of the Order of Court with the associating number on the
Order of Court are as follows:
1. "The prior Orders of Court dated May 6, 2008 and November 14, 2008
requiring the parties to obtain a custody evaluation shall continue in effect. Father shall
promptly make arrangements to initiate and complete his role in the custody evaluation
to enable the other parties to schedule their final meetings in a timely manner."
10. Father is in direct violation of this Honorable Court's Orders dated November 14,
2008 and July 12, 2010. Due to this direct violation of the Court's Orders, the initial
Petition to Modify Custody filed by the Respondent on September 23, 2008 has not
been able to be fully litigated.
WHEREFORE, Petitioner respectfully requests that (1) this Court hold
Respondent in Contempt of the Courts Orders attached as Exhibit "A" and Exhibit "B",
(2) award Petitioner all counsel fees and costs incurred by him in the preparation of this
Petition and (3) Compel Respondent to make arrangements to complete his role in the
custody evaluation within 60 days of this Order.
Respectfully Submitted,
KOPE & ASSOCIATES, LLC
R
Date: By:
J JARLehnert
JENNIFER L. SIMPKINS, IN THE COURT OF COMMON PLEAS OF
ROBERT L. SIMPKINS CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs. 2008-1887 CIVIL ACTION LAW
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this
_d_ day of /v lltl,?
2008. upon of the attached Custody Conciliation Report, it is ordered and directed as follows:
c 1. The parties shall submit themselves, the minor Child, and any other individuals deemed
necessary by the evaluator to a custody evaluation to be performed by Kasey Shienvold or other
professional selected by agreement between the parties. The purpose of the evaluation shall be to
obtain independent professional recommendations concerning ongoing custody arrangements which -
will best meet the needs of the Child.. All costs of the evaluation shall be shared equally between the
parties, with the Paternal Grandparents paying one-third, the Father paying one-third and the Mother
paying one-third. The parties shall sign any authorizations deemed necessary by the evaluator in order
to obtain additional information pertaining to any of the parties or the Child.
2. Within sixty (60) days of receipt of the written custody recommendations. counsel for any
party or a party pro se may contact the conciliator to schedule an additional custody conciliation
conference, if necessary.
3. Pending further Order of Court or agreement of the parties, the prior Order of this Court
dated May 6, 2008 shall continue in effect.
BY;IF-COURI.
Edward E. Guido J.
cc
?` ley J. Beam, Esquire - Counsel for Mother
Mary A. Etter Dissinger, Esquire - Counsel for Paternal Grandparents
bert Simpkins, IV - Father
/0 % '*-, -
y
3
JENNIFER L. SIMPKINS, IN THE COURT OF COMMON PLEAS OF
ROBERT L. SIMPKINS, III CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs. 2008-1887 CIVIL ACTION LAW
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this day of y 2010, upon
consideration of the attached Custody Conciliation R ort, it T ordered and directed as follows:
1. The prior Orders of this Court dated May 6, 2008 and November 14, 2008 requiring the
parties to obtain a custody evaluation shall continue in effect. The Father shall promptly make
arrangements to initiate and complete his role in the custody evaluation to enable the other parties to
schedule their final meetings in a timely manner.
2. None of the parties shall use physical discipline with the Child. The parties shall ensure that
third parties comply with this provision as well.
3. None of the parties shall consume alcohol to the point of intoxication or use illegal drugs.
4. No party shall do or say anything which may estrange the Child from any other party, injure
the opinion of the Child as to any other party, or hamper the free and natural development of the
Child's love and respect for any other party. All parties shall ensure that third parties having contact
with the Child comply with this provision.
5. Pending completion of the custody evaluation and further Order of Court or agreement of
the parties, the Paternal Grandparents shall have custody of the Child every week from Tuesday at 6:00
p.m. through Saturday at 4:00 p.m. and the Mother shall have custody from Saturday at 4:00 p.m.
through Tuesday at 6:00 p.m. and every Wednesday and Thursday from 4:00 p.m. until 6:00 p.m. The
Father shall have custody of the Child as arranged by agreement with the Mother and Paternal
Grandparents.
6. The Paternal Grandparents shall have custody of the Child for vacation from August 6
through 15, 2010 and the Mother shall have custody of the Child for a vacation period from July 25
through August 1, 2010.
'4 -
7. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
THE COUR
Edward E. Guido
cc: /Jeffrey B. Engle, Esquire - Counsel for Paternal Grandparents
? Julie A. Wehnert, Esquire - Counsel for Mother
j/ Robert Simpkins, IV - Father
eop;es rna .Ted 7/sa/,v
pg' t
J.
n o ..
15-1 --Tj
JULIE A. WEHNERT, ESQUIRE
ATTORNEY I.D. 307900
395 St. Johns Church Road, Suite 101
Camp Hill, PA 17011
(717) 761-7573
jwehnert@kopelaw.com
Attorney for Defendant, Jami L. Jordan
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III
Plaintiffs,
vs.
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
: No: 2008-1887
CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I, Julie a. Wehnert, Esquire, hereby certify that on January 19, 2011, 1 served a
copy of the within Petition for Contempt by depositing same in the United States Mail,
first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows:
Jeff Engle, Esquire
Shaffer & Engle Law Offices
512 Market Street
Millersburg, PA 17061
(Attorney for Plaintiffs)
Robert L. Simpkins, IV
104 East Keller Street
Mechanicsburg, PA 17055
KOPA & ASSOCIATES, LLC
By: r
A. Wehnert, Esquire
JENNIFER L. SIMPKINS, ROBERT L. IN THE COURT OF COMMON PLEAS OF
SIMPKINS, III
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANLI c
V. 2008-1887 CIVIL ACTION LAW M=
car- -or"
CD
I
ROBERT L. SIMPKINS, IV, JAMI L. JORDAN D 3 -n
IN CUSTODY ga _
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, March 24, 2011 , upon consideration of the attached Co mplaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, April 28, 2011 at 2:00 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunda Es q. .IA
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
G=p.?'Carlisle, Pennsylvania 17013
a?(s'Telephone (717) 249-3166
JENNIFER L. SIMPKINS and
ROBERT L. SIMPKINS, III
Plaintiff
VS.
ROBERT L. SIMPKINS, IV and
JAMI L. JORDAN
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-1887 CIVIL ACTION LAWc-) ,
(= CZD
W
r"
zr
IN CUSTODY
cz)
41
ORDER
}
---r
X-n
rn?
-ate
o,
?T
AND NOW, this 27th day of April, 2011 , the conciliator, having been advised by the
Petitioner's' counsel that the relief requested in her Petition for Contempt is no longer necessary,
hereby relinquishes jurisdiction. The custody conciliation conference scheduled for April 28, 2011 is
canceled.
FOR THE COURT,
Dawn S. Sunday, Esquire
Custody Conciliator
Jeffrey B. Engle, Esquire
SIIAFFER & ENGLE LAW OFFICES
512 Market Street
Millersburg, PA 17061
717-692-2345 *phone
717-692-3554 *fax
jefj@shafferengle.com
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III
Plaintiff/Petitioner
VS.
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN,
Defendant/Respondent
1 11 OCT 13 AM 11: 36
'-UMBERLAND COUNT Y
PEigNSYLVARIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2008-1887
: IN CUSTODY
PETITION FOR LEAVE TO WITHDRAW AS COUNSEL
AND NOW, this day of9?w , 2011, comes SHAFFER & ENGLE LAW
OFFICES and files this following Motion for Leave to Withdraw as Counsel and in support
thereof, avers as follows:
1. Movant, Shaffer & Engle Law Offices, by and through Jeffrey B. Engle, Esquire, and
Alexis M. Miloszewski, Esquire, are presently counsel of record for the Plaintiffs, Jennifer L.
Simpkins and Robert L. Simpkins, III , in the above-captioned action.
2. Movant, Shaffer & Engle Law Offices, has represented the Plaintiffs, Jennifer L.
Simpkins and Robert L. Simpkins, III, at the above-docketed action since approximately June 4,
2010, when Shaffer & Engle Law Offices filed a Petition to Modify Custody Order at the above-
captioned docket.
3. Movant is petitioning the Court to withdraw as their counsel at the above-captioned
docket due to a breakdown of the attorney-client relationship.
4. Movant avers that Respondents will not be prejudiced by Movant's withdraw, as
there are no scheduled hearings, conferences or court dates at this time.
5. Movant has advised Respondents of their intent to withdraw and will provide
Respondent with copies of all relevant portions of their file and all original documents.
6. Movant's withdrawal as counsel for Respondents will have no material adverse affect
on Respondents' interest pursuant to Pennsylvania Rule of Professional Conduct 1.16.
7. Opposing counsel, Julie A. Wehnert, Esquire, has been contacted and does not
oppose this request.
8. Movant, SHAFFER & ENGLE LAW OFFICES, by and through Jeffrey B. Engle,
Esquire, and Alexis M. Miloszewski, Esquire, respectfully request that they be allowed to
withdraw as counsel for Respondents due to all the above.
WHEREFORE, Movant respectfully requests that This Honorable Court permit
SHAFFER & ENGLE LAW OFFICES, by and through Jeffrey B. Engle, Esquire, and Alexis M.
Miloszewski, Esquire, to withdraw as counsel for Respondents, Jennifer L. Simpkins and Robert
L. Simpkins, III.
Respectfully submitted,
Respectfully submitted,
SHAFFER &ENGLE LAWDFFICES SHAFFER & ENGLE LAW OFFICES
Jeffre . tngfe, is ' e `Xlexis\M. MVoszewski`Esquire
ID # 6644 ID # 208931
512 Market Street 512 Market Street
Millersburg, PA 17 61 Millersburg, PA 17061
717-692-2345 717-692-2345
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III
Plaintiff/Petitioner
VS.
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2008-1887
: IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Petition for Leave to
Withdraw as Counsel was sent by U.S. Mail first class to the following:
Julie A. Wehnert, Esquire
JIVIDEN & WEHNERT, LLC
3461 Market Street, Suite 101
Camp Hill, PA 17011
Attorney for Defendant
Jennifer L. Simpkins
Robert L. Simpkins, III
307 Hemlock Road
Mechanicsburg, PA 17055
Robert L. Simpkins, IV
307 Hemlock Road
Mechanicsburg, PA 17055
Melissa Wise, Paralegal for
Jeffrey B. Engle, Esquire
SHAFFER & ENGLE LAW OFFICES
512 Market Street
Millersburg, PA 17061
(717) 692-2345
Date: 1
E;
Jeffrey B. Engle, Esquire 'O~OT;i,
SHAFFER & ENGLE LAW OFFICES
129 Market Street pm
Millersburg,PA 17061
717-692-2345 *phone ~'E,~~rS Y~ A ~~qNP:,
717-692-3554 *fax
jeff a,Dshafferengle.com
JENNIFER L. SIMPKINS, : 1N THE COURT OF COMMON PLEAS
ROBERT L. SIMPKINS, III : CUMBERLAND COLTNTY, PENNSYLVANIA
Plaintiff/Petitioner :
vs. : NO. 2008-1887
ROBERT L. SIMPKINS, IV, : IN CUSTODY
JAMI L. JORDAN, •
Defendant/Respondent :
MOTION TO MAKE RULE ABSOLUTE
AND NOW, this ~day of November, 2011, comes the SHAFFER & ENGLE LAW
OFFICES and respectfully requests the Petition to Make Rule Absolute be granted and in support
thereof, avers as follows:
1. Petitioner filed a Motion for Leave to Withdraw as Counsel on October 13, 2011.
2. A Rule to Show Cause was issued by This Honorable Court on October 17, 2011,
granting Respondent twenty (20) days from the date of service to show why the Petition for
Relief should not be granted.
3. The Rule to Show Cause was distributed by the Court to Respondent on or about
October 17, 2011.
4. As of above-captioned date no response has been filed by any party to this action.
WHEREFORE, the undersigned counsel respectfully requests This Honorable Court
enter an Order granting leave to withdraw from the Defendants' case.
Respectfully submitted, Respectfully submitted,
SHAFFER & ENGLE LAW OFFICES SHAFFER & ENG E LAW OFFICES
U A
Jeffrey i e M. iloszew ki, Esquire
ID # 7 644 ID # 208931
512 Market Str et 512 Maxket Street
Millersburg, P 061 Millersburg, PA 17061
717-692-2345 717-692-2345 ~
JENNIFER L. SIMPKINS, : IN THE COURT OF COMMON PLEAS
ROBERT L. SIMPKINS, III : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff/Petitioner :
vs. : NO. 2008-1887
ROBERT L. SIMPKINS, IV, : IN CUSTODY
JAMI L. JORDAN, •
Defendant/Respondent :
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion for Leave to
Withdraw as Counsel was sent by U.S. Mail first class to the following:
Julie A. Wehnert, Esquire
JIVIDEN & WEHNERT, LLC
3461 Market Street, Suite 101
Camp Hill, PA 17011
Attorney for Defendant
Jennifer L. Simpkins
Robert L. Simpkins, III
307 Hemlock Road
Mechanicsburg, PA 17055
Robert L. Simpkins, IV
307 Hemlock Road
Mechanicsburg, PA 17055
Date: I ~ I I iiL44- (43 L-'~
Melissa Wise, Paralegal to
Jeffrey B. Engle, Esquire
SHAFFER & ENGLE LAW OFFICES
512 Market Street
Millersburg, PA 17061
(717) 692-2345
('F THELPOTHONOTARY
2011 NOY 15 PM 4: 08
CUMBERLAND COUNTY
PENNSYLVANIA
JENNIFER L. SIMPKINS,
ROBERT L. SIMPKINS, III
Plaintiff/Petitioner
vs.
ROBERT L. SIMPKINS, IV,
JAMI L. JORDAN,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-1887
IN CUSTODY
ORDER
AND NOW, this rs day of , 2011, it is hereby based
upon the Motion for Leave to Withdraw as Counsel; IT IS HEREBY ORDERED AND
DECREED that leave to withdraw from representation of the Defendants, Jennifer L. Simpkins
and Robert L. Simpkins, III, is hereby granted.
BY THE COURT,
Judge
Distribution:
Julie A. Wehnert, Esq. 3461 Market Street, Suite 101, Camp Hill, PA 17011
? Jeffrey B. Engle, Esq. 512 Market Street, Millersburg, PA 17061 ies 11
Jennifer & Robert Simpkins 307 Hemlock Road, Mechanicsburg, PA 17055 11 ???
Robert Simpkins, IV 307 Hemlock Road, Mechanicsburg, PA 17055 0