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Home My WebLink About97-04046 { ~ . ~ . ~ ~ .~ ., r : i i : ! ~ 'J ~ . ~ .0-... .. o~ \ I /; {' '" l.e i , , - i . .. 1 :) '.. c:; DENNIS L. QUIGLEY and SHARON QUIGLEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I i ;1 Ii II I' ,I AND NOW, J-l1'l ,3 \. 1997, upon consideration of the :i attached Complaint, it is hereby directed that the parties and ~ their respective counsel appear before I ,I \'\J~\ ~. ("laln}o.J t P,q" , the conc~l~ator, at *'~ yl" r-I~.-, ~~CT\le :! ~.Qn.j ,:-;:nt::.: diid [~ lr...c'. ''''1 (c:...' r thn, , . . (- , on the I' day of -,:,pp\ell"'\ber 199"7 !i , at q. ,:,C!\.M. for a Pre-Hearing Custody Conference. At such :; conference, an effort will be made to resolve the issues in i dispute; or if this cannot be accomplished, to define and ,[ narrow the issues to be heard by the Court, and to enter into a temporary Order. All children age five or older shall also be ! present at the conference. Failure to appear at the conference " may provide grounds for entry of a temporary or permanent ,i Order. v. DAVID E. SIMMONS, JR. and MEGAN QUIGLEY, Defendant.. NO. (1"1- Jtc4/.,p IN CUSTODY ORDER OF COURT ;1 :i FOR THE COURT, By:_:lUl.~X';d.;. Y. J1lQn~., Custody Conciliatori~ ' ; " ii " Ii !J YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO :i NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE Ii ~~~~:E SET FORTH BELOW TO FIND OUT WEHRE YOU CAN GET LEGAL 'I 'I :1 1! OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (7L7) 240-6200 I 1( SAlOIS. GUIDO. a snUFF A I'tIASLAND ~ W H'lh Stn:ct :i C.h.It.PA " ~\~ CI\C l"du~'C"'~ on crl..\~( S\cj'"',eo t""" ':. f'I'....r t"\."\ CJ ~ klj()t: Pc'~-\e( \h.lt 1,('(,",\\'#2:, [',,1....: ~' J,: l \\. C' \1: ,', ' )Jt~ ....,.t:'"" \ ':''---: \\\! "'\l',\.:1 Ii 11 SAlOIS, GUIDO, Ii SHUFF ... 'I I, MASLAND 'i )! 26 w. Hllb SITftt !i Cvti1Ie.P,", !i , H Cumberland County. From January 1997 until May of 1997 with the Respondents at the Safe Harbor. From May 1997 until July 14, 1997 with the Petitioners, at 115 Petersburg Road. I Ii 'I I, I' II II q to be currently residing on the streets. 11 " ii 'I il I' 'I II II II !f Ii I, i' Ij I, j; II 'I II From July 14 to July 21 with the Petitioners. From July 21 with the Respcndents, address unknown. The mother of the child is Megan Quigley who is believed She is unmarried. The father is the children is David E. Simmons, Jr. who is also believed to be living on the street. 5. The relationship of the Petitioners to the child is that of maternal grandparents. 6. Plaintiff has not participated as a part or witness, or in another capacity, on other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: Not applicable. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: Not applicable. Plaintiff does 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. The name and address of such person is: Not applicable. i c: ~ C'l () ...... (", -- ~ ,- "1" I " t~. ...-. : t.l' c- ! , 7 ~.; '. ~ , ~ I " In l'.' ..- ',' ...; - .' I.') ... "t; '1" ~ ... '" .. ... "/, :_1 C'J , -;..,; L' ~:.J " , .'- I r-.J -:j .' r- '-, '" u ~ tP SEP 1 7 1997 DENNIS L. QUIGLEY and SHARON QUIGLEY, Plaintiffs : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V : :CIVIL ACTION - LAW . . DAVID E. SIMMONS, JR. and MEGAN QUIGLEY, Defendant :NO: 97-4046 :IN CUSTODY . . ~ COURT ORDER AND NOW, this day of September, 1997, upon consideration of the attached ustody Conciliation Report, it is ordered and directed as follows: 1. This Court.s prior Order of July 31, 1997, is vacated. 2. The Maternal Grandparents, Dennis L. Quigley and Sharon Quigley, shall enjoy legal and physical custody of Morgan Debra Simmons, born July 23, 1996. 3. The Mother, Megan Quigley, and the Father, David E. Simmons, Jr., shall enjoy periods of temporary physical custody with the minor child at such times and under such circumstances as the parties may agree. It is anticipated that there would not be any overnight visitation until such time as Mr. Simmons and Miss Quigley obtain a permanent residence that would accommodate overnight time with the child. 4. When the Mother and Father have custody of the child, they shall not consume alcohol nor shall they have the minor child in the presence of other individuals who are consuming alcohol. 5. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled for a conference with the Custody Conciliator. .,,-" J. er cc: Johnna J. Deily, Esquire David B. Simmons, Jr. Megan Quigley 80 Shepherd Road Newville, PA 17241 <!~"'.""'~('.( '1"ln ...l .,. . .. C~. In t'.P ;.~ U. '..- u ~ ~ .. '".;. <": {}r.. . ". . . I'. t ,. , - , ; , . . L.!' .::t "' c., , t~~ n I ~ J . .' ~ I I. i ,'''' ...... ld_ ". r" d u ,:I~ 't ~ ,,' CER'TIFIED COpy, LAW OffICES SAlDIS. GUIDO. SHUFF" MASLAND . . .;. W. HIGH man CARUSLE. PENNA, \1013 PHONE (1171 24l-6U2 '. HJUL Z J ~q7 ":- ~I , " >- ;' ...3 ,- -. I ,.~ .' I,'...-r _J-': '. ....::',.. .. ' , .J ~:'j .,.. I ; '} ; r ~ 1.- _~ '.0.1 L- .l, '. , ~ .';} ':~.} (..) -, ""~ :!! '" - OZ .... ' - tn< ::: < >- .... _=' ~~>- zs!:: Z 0 < <<~ ...1>-0 0 0 :c::...= . e:: a..::IlO ::l! .... . <: Z z~~ <: en - ,< .... :I: ::.J , - - >= -..,,-- Ou;;:l r.n '" ....:;:.:z:,.; 'Jl - U < ---.< :: ~a..v Z u; "0 a 0 - - "'" ... ,.J - , ~>=2: 0 a .~ -. . 0- ~ ~ "./' .. ~!; =::z~r-- 8r-1 =: a >-~~ e:: ~ --, ::E.5 ::; ;::'-~ ~'" ,; 5"2 ..' w " .~ =:: :itSO ~"";;. ""....6 ;i.! :ii 00 " ;.. ,J'.l "I ,c. ~~ 0-] r-W"T u; -::.J e:: :- J ~I'" ::.J0'0 ,:"--7[: c::o"'" 0 0 0 .... i - ~ ~zg: ;; w 0' :: "" ;.;.. <.or ~ ".j "0 ,,~ . O-t- <: "0 r- v:; ... U,.J""; ~ <: z >-: z ~ we::"" 0 3 ~<~,... ...~z z ...: *:- ;::t:C Z c. <'" ~ ,::!'.J z~ 0 ~ .at:: -~ 0 ~" - v U , . . . , . , . . 4, The Plaintiff seeks primary .ustlllly alllt visitation of the lilllowing .hildren: N.1I11e David E, Simmons. III Present Residence 283 Plaza Drive. Iluilding 6 Boiling Springs.I'A 17lJlJ7 A!,:e 2 [):(HJ 12/26NS Morgan [), Simmons 2S3 I'hlla Drive. Building (, Boiling Springs.I'A 17lJlJ7 4 7123/% The children wen: hom out 01'\\ edloek. The children are prescntly in the physical custody of the Defendant. ~egan Quigley, However. Morgan D, Simmons is also in the physical custody of Additional Delendants, Dennis L. Quigley and Sharon Quigley, In addition to the .hildren's present address. during the past Ihe years, the children h.\e resided with either I'laintil1' or Delendant or Dclendant's parents. Dennis 1.. Quigley and Sharon Quigley. at the following addresses: 283 Plaza Drive. Boiling Springs. PA 17007 115 Petersburg Road. Boiling Springs. PA 17lJ07 80Shephcrd Road. New\ille, PA 17241 5. Thc relationship ofPlailllitlto thc childrcn is that of father, Thc Plaintiff cUITcntly resides with his liancee at 171 Hair Road, Newville. Cumherland County, Pennsyh'ania 17241, 6, The relationship of the Defendant 10 the children is th..t ofl11other, PlaintilThas no knowk"tlge of who Defendant .uITently r~'Sides \\ith h~'Sidcs the .hildren and Defemlant residcs at 283 l'la...a l>n\'e. Buihling (,. Boiling Springs. Cumherland County. l'ennsyl,.l11ia 171"17, 7. The relationship of Additional Delendants to the .hildren is thai of matemal grandparents, The Additional Def~'I1dants reside at 115 Petershurg Road. (';lflislc. C'umb.:rland County. Pennsyh'ania \7(\\ 3. S PI.unlll1". Ilcl\:ll\lant. alhl ;\IJ.hlt.,nal Ilclcnll.ullS h"", p"nl\'lpall"tl as panics in hllg<1hon'-"lw\'11lmg the \'ush"ly .Ifhis lI<1ughh:r. ''''rgan ll. Simml'ns. hut nllt nfhis son.l)a\ ill 1', Sil11l11nns.1I1. A l'IlPY of this 110llorahl~ ('ourl's ()rd~r dat~d S~pt~l11h~r IS, 11)'n is allach~d h~rclo as Exhihil "A" Oth~r Ihanthis Ilock~t numh~r. th,'l'laintiffhas no illlimllation of a cuslody proc~cding conc~ming the custndy of the childr~n in this or any other court. Othcr than PlaintiO"s mother. the Plaintiff docs not know of any p~rsonnol a party to Ihe proc~~dings who has or has had physical custody Ill' thc children or e1aims 10 ha\e cuslody Ilr \ isitation righls II ith resllecllo th~ childrcn, I), The besl interests and pennanenl welfare Ill' Ihe childr~n will be sern'll best by granting thc relief requested because: a) The PlaintilTbclie\'es thaI both natural parents of the children should ha\c shared physical and legal custody oflhe children; b) The Plail1lilT can prolid~ Ihe children with a homc \lith adequalc moral. emotional and physical sUffi1undings as required to meetlhe children's nel'lls; c) The Plainliff is willing to accept cuslody oflhe children; and d) The Plainliffbelie\'es it is important for bolh "arents to exercise parental dutil'S and r~sJlOnsihilities and for both parents 10 enjoy Ihc lo\c and affectilln oflhechildrcn and that both are in the best interesls of the children, 1 II, Each parenl or party whose parenlal rights 10 Ihe children ha\e nnl bl'Cnlenninaled and each person who has physical custody oflhc children ha\'e becn naml'll as parties to this action, There are no olhcr pcrsons who are known to hale or claim a right to cuslody or I'isitation of the chi Idrcn. f!/ SEP 1 7 '9~7 ~(Q)~W DENNIS L. QUIGLEY and SHARON QUIGLEY, Plaintiffs :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . : V :CIVIL ACTION - LAW . . DAVID E. SI~IONS, JR. and MEGAN QUIGLEY, Defendant :NO: 97-4046 : IN CUSTODY . . ~ COURT ORDER AND NOW, this day of September, 1997, upon the attached ustody Conciliation Report, it directed as follows: consideration of is ordered and 1. This Court's prior Order of July 31, 1997, is vacated. 2. The Maternal Grandparents, Dennis L. Quigley and Sharon Quigley, shall enjoy legal and physical custody of Morgan Debra Simmons, born July 23, 1996. 3. The Mother, Megan Quigley, and the Father, David E. Simmons, Jr., shall enjoy periods of temporary physical custody with the minor child at such times and under such circumstances as the parties may agree. It is anticipated that there would not be any overnight visitation until such time as Mr. Simmons and Miss Quigley obtain a permanent residence that would accommodate overnight time with the child. 4. When the Mother and Father have custody of the child, they shall not consume alcohol nor shall they have the minor child in the presence of other individuals who are consuming alcohol. 5. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled for a conference with the Custody Conciliator. J. er cc: Johnna J. Deily, Esquire David E. Simmons, Jr. Megan Quigley 80 Shepherd Road Newville, PA 17241 l~~f~....t. 11....--..(t.( y/t'Jtt'l ..>-1 \C)