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HomeMy WebLinkAbout08-2323JAMI LOUISE JORDAN, PLAINTIFF V3. ROBERT L. SIMPKINS, IV., DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 6 K -X 3 ?-3 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 Defendant/Petitioner. 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 1-800-990-9108 JAMI LOUISE JORDAN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO. QF- 3 CIVIL TERM ROBERT L. SIMPKINS, IV., CIVIL ACTION -LAW DEFENDANT IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, JAMI LOUISE JORDAN, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Mother") is JAMI LOUISE JORDAN, who currently resides at 214 South High Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant (hereinafter sometimes referred to as "Father") is ROBERT L. SIMPKINS, IV., who currently resides at 104 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks Shared Legal and Primary Physical Custody of the following child: Name Present Residence Date of Birth ANDREW R. SIMPKINS 214 South High Street October 21, 2006 Mechanicsburg, PA 4. The child was born out of wedlock. 5. The child is presently in the custody of the Plaintiff, who resides at 214 South High Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 6. Since birth the child has resided with the following persons at the following addresses: PERSONS ADDRESS DATES Plaintiff and Defendant 104 Keller Street Robert and Jennifer Simpkins, Mechanicsburg, PA Paternal Grandparents, Danielle Simpkins, Paternal Aunt Plaintiff, Defendant, Patricia Jordan, Maternal Grandmother, 214 South High Street Casey Jordan, Maternal Aunt Mechanicsburg, PA Plaintiff, Patricia Jordan, Maternal 214 South High Street Grandmother, Casey Jordan, Mechanicsburg, PA Maternal Aunt Birth to November 4, 2007 11/04/07 to 11/25/07 11/25/07 to Present 7. The Mother of the child is the Plaintiff, Jami Louise Jordan, who currently resides at 214 South High Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 8. The Father of the child is the Defendant, Robert L. Simpkins, IV., who currently resides at 214 South High Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 9. The relationship of the Plaintiff, Jami Louise Jordan, to the child is that of the Natural Mother. Mother resides at 214 South High Street, Mechanicsburg, Cumberland County, PA 17055. 10. The relationship of the Defendant, Robert L. Simpkins, IV., to the child is that of the Natural Father. Father currently resides at 104 Keller Street, Mechanicsburg, Cumberland County, PA 17055. I 1. The Paternal Grandparents, Jennifer L. Simpkins and Robert L. Simpkins, III, have filed an action for custody at docket number 2008-1887, seeking primary physical custody of the child. 12. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the child in any other court in Pennsylvania. 13. The Paternal Grandparents, Jennifer L. Simpkins and Robert L. Simpkins, III, have filed an action for custody at docket number 2008-1887, seeking primary physical custody of the child. 14. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Mother has always been the primary care giver for her son; B. Mother has always taken her son for all medical care and well baby appointments; C. Mother desires Father to have a regular active part in their son's life; D. Both Paternal and Maternal Grandparents have been active in this child's life as grandparents are while assisting young parents, but, certainly not to any extent where Mother and Father agree to give up their parenting responsibilities to the Paternal Grandparents and Maternal Grandmother; E. Mother has great love and concern for her son and wishes to establish an order to protect her son from future legal proceedings. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, JAMI LOUISE JORDAN, requests this Honorable Court award the Plaintiff, JAMI LOUISE JORDAN and the Defendant, ROBERT L. SIMPKINS, IV., SHARED LEGAL CUSTODY of the parties' minor child, ANDREW R. SIMPKINS and the Plaintiff, JAMI LOUISE JORDAN, PRIMARY PHYSICAL CUSTODY and the Defendant, ROBERT L. SIMPKINS, IV., PARTIAL PHYSICAL CUSTODY of the minor child, ANDREW R. SIMPKINS. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. r? Dated: April , 2008 Susan Kay Candi' ; Esqui Counsel for Paint PA I.D. # 649198 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: A/ d g J I L. JORDANV ?'LJ ' i 7C7 ? ? - ?, v ? l 4 ;t? { 1 tJ c JAMI LOUISE JORDAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2323 CIVIL ACTION LAW ROBERT L. SIMPKINS, IV IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, April 18, 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, May 15, 2008 at 12:00 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, Esq. 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 ,-;?.? -lop 3 MAY 06 200gr 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, 0 fr -33 a3? JAMI L. JORDAN Defendants IN CUSTODY ORDER OF COURT AND NOW, this G4**, day of /wq , 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. cc: ary A. Etter Dissinger, Esquire - Counsel for Plaintiff Paternal Grandparents ? Susan K. Candiello, Esquire - Counsel for Mother Robert L. Simpkins, IV - Father D'ES' m? c, 12cf tir ten 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 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. 5. The parties agreed to entry of an Order in the form as attached. e4 11 - Date Dawn S. Sunday, Esquire Custody Conciliator