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Home My WebLink About05-4410 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 NANCY F. ALLRED, Plaintiffs : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY TERENCE K ALLRED, Defendants : OS - WI '" : NO. 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 prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, including custody and visitation of your children. 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 ASSOCIA nON 2 LIBERTY A VENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 NANCY F. ALLRED, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY TERENCE K. ALLRED, Defendant . NO. 05-'1410 ~J~ CUSTODY COMPLAINT 1. The Plaintiff is Nancy F. Allred (hereinafter referred to as "Mother"), who currently resides at 425 Haldeman Avenue, Apt. 2, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant is Terence K. Allred (hereinafter referred to as "Father"), who currently resides at 338 lOth Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff seeks shared legal and physical custody of the following child: NAME PRESENT RESIDENCE DATE OF BmTH Kelly M. Allred 338 lOth Street New Cumberland, P A 17070 July 28, 1988 4. The child is presently in the custody of Father who currently resides at 338 lOth Street, New Cumberland, Cumberland County, Pennsylvania 17070. 5. During the past five years the child has resided with the following persons at the following addresses: DATES ADDRESSES NAMES OF PERSONS IN HOUSEHOLD Father, Mother, Child 7/27/2000 to 3/27/2005 338 10th Street New Cumberland, P A 17070 3/27/2005 to Present 338 10th Street New Cumberland, P A 17070 Father and Child 6. The Father of the child is Terence K. Allred, currently residing at 338 10th Street, New Cumberland, Cumberland County, Pennsylvania 17070. 7. The Mother of the child is Nancy F. Allred, currently residing at 425 Haldeman Avenue, Apt. 2, New Cumberland, Cumberland County, Pennsylvania 17070. The parties are currently separated from each other. 8. The relationship of the Plaintiff to that of the child is that of Mother. The Plaintiff currently resides with the following persons: NAME Self only RELATIONSHIP 9. The relationship of the Defendant to the child is Father. The Defendant currently resides with the following persons: NAME Kelly Allred RELATIONSHIP Daughter 2 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody ofthe child in this or another court. II. The Plaintiff has no information of a custody proceeding concerning the child pending in any court of this Commonwealth. 12. 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. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff can provide a stable, loving environment for her daughter. Plaintiff seeks to spend time with the child on a regular schedule, free from conflict with Defendant in such scheduling. Plaintiff has secured appropriate housing for herself and her daughter. Plaintiff has always had a significant bond with the child and has served as a primary source of the child's parenting. Since separation, Father has failed to encourage and foster the mother-daughter relationship. 14. 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. 3 WHEREFORE, the Plaintiff requests the Court to grant shared legal and physical custody of the child to the Plaintiff. I>i\TE: i\ugust26, 2005 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court LD. 32317 4 Barbara Sumple-Sullivan. Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 NANCY F. ALLRED, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY TERENCE K ALLRED, Defendant NO. VERIFICA nON I, Nancy F. Allred, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C. SA Section 4904 relating to unsworn falsification to authorities. Dated: August 25 ,2005 , ~ "-<At J. ()Jjy,x..l N F. red ~ s ~ ~ .".- .GJ ~ '-l.:) --.. ..(:;; -..-, ~ ~ ~ "'\ <:) ~ ';il.., y~ .~ iiS'" \ \0 ~ 'fs '",. n <::; r-' c:~ <.::,;:.l c.J" "l':"!" (~ c.~ f".,) u' C9 ~:: q, .-\ :::C-n n1f"""'o -Oi\1 -~)'Q ,=;~(:, 7~?J "~7 ( ) ~~;\rn "\."" ::0 .-<:. \';"? en .. NANCY F. ALLRED PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 05-4410 CIVIL ACTION LAW TERENCE K. ALLRED DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 30, 2005 , 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 Wednesday, October 05. 2005 at 8:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older mav also be present at the conference, Failure to appear at the conference mav 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. y 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 facil.ities 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 beDJre the court, You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 <;.. 'Z ~ ~ ~ 5/7."",~ . ~ ~ ~Jt?'<7E-..J, ~- ~ b ?,l.~ ~ -,rv ~)(?o.r.b VINV,\lA~~~Ni\J.Jd II>.""V . ,. .T~!:;"'0" I\..LI~i !;,J. ,,' -, '" .:;~, IV 6 ~ :8 t!-:1 08 ~Inv SOOl ^bV10liCHjCG~ 3H1 :10 38H:!O-C!:JlI:l Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 NANCY F. ALLRED, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY TERENCE K. ALLRED, Defendant : NO. 05-4410 AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that I served a copy of the Custody Complaint in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7003 050000016561 5614, Return Receipt Requested, on Mr. Terence K. Allred, on September 2,2005 at his last known address: 338 lOth Street, New Cumberland, PA 17070. Also service of the Order of Court scheduling the Custody Conciliation in the above- captioned matter by United States Mail, Restricted Delivery, Certified No. 7003 0500 0001 6561 5621, Return Receipt Requested, on Mr. Terence K. Allred, on September 3, 2005 at his last known address: 338 10th Street, New Cumberland, PA 17070. The original receipts and return receipt cards are attached hereto as Exhibit "A". I hereby certifY that the facts set forth above are true and correct to the best of my ~ to penalties of 18 Pa. C.S.A. S4904 relating to unsw~fic / Dated: September L 2005 nts made herein are subject knowledge, information and belief. I understand that any false sta Barbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff . 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 mail piece, or on the front if space permits. 1, Article Addressed to: rn r. ----re (ence If. 11 / Ire c/ 3 3 ~ I C in :;;fTfe+- (2eu/ C-u f'IJ~r1CIrI</ pA ,2STRICTED / ) ;070 2. Article Number (11ansW from service /abOI) PS Form 3811. February 2004 O. Is delivery address d. nt from item 11 If YES, enter delivery address below: 3. SeNlce Type "Certified Mail o Registered D Insured Mail o ExpIOSS Mail o Return Receipt for Merchandise o C.O.D. 7003 0500 0001 6561 5614 4. ResIrIcted DoIIwry? /&lRI Fee} ..... DomeStIc Return Receipt 102595-02.M.1540 * ~ .~ - > .l!- e.. "e "ffi E~ ::i E 8.-l g.\l\ m-o.t: g'TJc....-O'i <C.!Q ~'E'S:t: M~~~tjE "OQ)1:JQ)tU8, l:"~"O.t: J:J (11) tIS- CD 8 N"Cl"CE-5ca ~ia!.Bg- CIlU Q) T'1~ E.I: E I: l:;.... ~~~B~~ Q)~5;:CCD Q)~O -.t: Civ>>1U..c- EE1::E~l5 81!d:ll<Ci . . . ;T .-'l ..JI U1 .-'l ..JI U1 ..JI U.S. Postal Service," CERTIFIED MAIL" RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) ~\t ClJn'~RL/l\IIIP~.17()'/IJ . . Postage $ $0.60 rn CI CI l'- .-'l CI CI o Return Reciept Fee (Endorsement Required) o Restricted Delivery Fee o (Endorsement ReqUired) Ul CI Certified Fee .) $3.50 $ $8.15 Total Postage & Fees Postage i;"'1'8t,~, CJ~-- (.-1~" I ' SEP~~\ . YeO'im"'J ~)\ \,,\. H"~ -- V, '- 20~5 0;0:- . " 0.:0' I 09/02./....,_",..; - -,'"7 .-'l CI CI o Return Reciept Fee (Endorsement Required) D Restricted Delivery Fee o (Endorsement Required) Ul CI Certified Fee $2.30 H.15 $1),00 Tolal Po"0ge & Fee, $ H, 42 fT1 g 5<,",To r. l.e -fnC j(. PI re l'- ~~:!!iJ.mm'm..n.n..mfD':r~.:.nd;~ed:' Ci,y:!;;,;;e:ZiPp3e.~"'=~;:2.nRtf"""" , , EXHIBIT" N' >< ai n ":8 c _ ~ n !E '" " . i :i - " " -g ~ ~. \. .2: en "w ,,>- .!!~ ~t iLd: ~~ g g ODD @. ~ -a 'ffi ~ ~:; -;:; ~ ~~:d ~ o;oj 5l'me Ilt~ ~ ! o ..; '2 ~ , '. "-\" ....:::"\- '" '" < ';J;. "" Cj . \ ~ ~~ \.: '0.i'1,,~ 'J r- .. C ~ (: 9 <u -'>-.. :::J I \22~ 0 ~ C ~ J ~ ~Nj~ -' "J:Z .!l ~ ] ::; ~ <J \' {2 "- . {!. . J: ~ i '"" ru ..JI Ul .-'l ..JI Ul ..JI '"" CI CI CI 'is. CI .~ CI II: Ul E CI tJ a: rn J CI CI l'- ... 8 I~ ~ i ~ ~ g ~ "t g 1!~ ~ c.i ~ ~, ,:.::.) C;;,) ,-,:..(1 (,.") ,., -'\) N ',..J :--[ .r.:- ,:).5 en .< 9- NANCY F. ALLRED Plaintiff RECEIVED OCT 11111115 ;)41 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-4410 CIVIL ACTION LAW TERENCE K. ALLRED Defendant IN CUSTODY ORDER OF COURT AND NOW, this \1 day of O~ ,2005, consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: upon L The Mother, Nancy F. Allred, and the Father, Terence K. Allred, shall have shared legal custody of Kelly M. Allred, born July 28, 1988. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Father shall have primary physical custody of the Child. 3. The Mother shall have partial custody of the Child on alternating weekends from Friday no later than 6:00 p.m., when the Father shall transport the Child to the Mother's residence, through Sunday on or before 7:00 p.m., when the Mother shall transport the Child to the Father's residence. The alternating weekend schedule shall begin with the Mother having custody ofthe Child on Friday, October 14, 2005. 4. The parties shall initiate family counseling with a professional to be selected by agreement between the parties. The purpose ofthe counseling shall be to address problems which have arisen in the mother-daughter relationship and to promote the re-establishment of the close relationship between the Mother and Child. Within one week of the date ofthe custody conciliation conference, the parties shall select the counselor and contact the counselor's office to schedule the first appointment The parties shall follow the recommendations of the counselor with respect to the frequency of sessions and the participants in each session (individual versus joint sessions). 5. After the parties have initiated the counseling and implemented the custody schedule set forth in this Order for a period of at least three months, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference, if necessary, to review the custodial situation. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall controL BY THE COURT, J. cc:vB'"arbara Sumple-Sullivan, Esquire - Counsel for Mother .,.Jerence K. Allred, Father { tl,r9 \ ()" II ~JT\RY 20D5 OCT 1"1 F h II: I 8 CU)'/::::i ------- - NANCY F. ALLRED Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-4410 CNIL ACTION LAW TERENCE K. ALLRED Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: L The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kelly M. Allred July 28, 1988 Father 2. A conciliation conference was held on October 5, 2005, with the following individuals in attendance: The Mother, Nancy F. Allred, with her counsel, Barbara Sump1e-Sullivan, Esquire, and the Father, Terence K. Allred, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. f) (j.,) f.;.tA Date G., 0200., . Daw~ Custody Conciliator