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Home My WebLink About04-6534Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KELLEY L. EBERLY, Plaintiff JOHN M. EBERLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS TO THE RESPONDENTS NAME HEREIN: 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 Petition 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 Petition or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE TI-IlS 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 Two Liberty Avenue Carlisle, Pa 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KELLEY L. EBERLY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO[;NTY, PENNSYLVANIA CIVIL ACTION - CUSTODY JOHN M. EBERLY, Defendant NO. CUSTODY COMPLAINT 1. The Plaintiff is Kelley L. Eberly (hereinafter referred to as "Mother"), who currently resides at 12 Surrey Land, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is John M. Eberly (hereinafter referred to as "Father"), who currently resides at 415 East Coover Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks sole legal and physical custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH Justin M. Eberly 12 Surrey Lane, Mechanicsburg, PA 4/4/1992 Taylor M. Ebefly 12 Surrey Lane, Mechanicsburg, PA 4/11/1995 Makala P. Eberly 12 Surrey Lane, Mechanicsburg, PA 5/25/1995 4. The children are presently in primary custody of Mother who is currently residing at 12 Surrey Lane, Mechanicsburg, Cumberland County, Pennsylvania. 5. During the past five years the children have resided with the following persons at the following addresses: DATES ADDRESSES 1999-1/10/2002 1/lO/2002-Present 12 Surrey Lane, Mechanicsburg, PA 12 Surrey Lane, Mechanicsburg, PA NAMES OFPERSONS IN HOUSEHOLD Mother, Father and children Mother and children 6. The Father of the children is Defendant, currently residing at 415 East Coover Street, Mechanicsburg, Cumberland County, Pennsylvania. 7. The Mother of the children is Plaintift; Mechanicsburg, Cumberland County, Pennsylvania. curremly residing at 12 Surrey Lane, The parties are concluding their divorce. 8. The relationship of the Plaintiffto that of the children is that of Mother. The Plaintiff currently resides with the following persons: NAME Kelley L. Ebefly Justin M. Eberly Taylor N. Eberly Makala P. Ebefly RELATIONSHIP Self Son Daughter Daughter 9. The relationship of the Defendant to the children is Father. The Defendant currently resides with the following persons: NAME John M. Eberly Significant Other RELATIONSHIP Self 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 11. The Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth. 3 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because it confirms the status quo which exists and the desires of the Defendant. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiffrequests the Court t d physical custody of the children to the Plaintiff DATE: //~2~ , 2004 ~ Sumple-Sullivan, Esquire / 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KELLEY L. EBERLY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN M. EBERLY, CIVIL ACTION - CUSTODY Defendant NO. VERIFICATION I, Kelley L. Eberly, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are tree 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.S.A. Section 4904 relating to unswom falsification to authorities. Dated: l~ve_~r.;~2004 KEI3LI~Y .I~,~BERLY KELLEY L. EBERLY, Plaintiff JOHN M. EBERLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION - LAW IN CUSTODY STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this 0" [tay of~L~'(a2.q'~120.~r-2004, by and between JOHN M. EBERLY, an individual residing at 415 East Coover Street, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Father") and KELLEY L. EBERLY, an individual residing at 12 Surrey Lane, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Mother"). WITNESSETH WHEREAS, Mother and Father are the natural parents of three (3) children; Justin M. Eberly (DOB: April 4, 1992), Taylor N. Eberly (DOB: April 11, 1995) and Makala P. Eberly (DOB: May 25, 1995); WHEREAS, this custody action was filed to the above captioned docket number to confirm the status quo and provide for entry of a Court Order regarding custody of the children; NOW THEREFORE, the parties intending to be legally bound, do agree as follows: Ae Legal Custody: Mother shall have sole legal custody of the minor children. Father shall, however, have the right to access information regarding the medical or education progress and status of the children. Father shall have the right to obtain said information directly from the school or medical provider and Mother shall notify him of emergency matters regarding the children, including but not limited to serious medical conditions and treatment and any other serious matter regarding the children. Be Physical Custody: 1). Primary Physical Custody: Wife shall enjoy primary physical custody of the parties' children. 2). Visitation: The parties agree that Husband shall enjoy periods of physical custody for the purposes of visitation on a schedule mutually agreed upon by the parties. Miscellaneous: This Stipulated Agreement is entered without prejudice to either party and may be modified by the Court at any time if appropriate under the circumstances. IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: EBERLY ~ ~f () V .~AN 0 3 2005~ KELLEY L. EBERLY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. · NO (Ol/ - ~5J<I- CIVIL ACTION - LAW IN CUSTODY JOHN M. EBERLY, Defendant ORDER ADOPTING STIPULATION OF PARTIES 2605 AND NOW, to wit, this 10' day of 7~ ' ~, upon consideration of the attached Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Kelley L. Eberly and Diane G. Radcliff, Esquire, counsel for Defendant, John M. Eberly, and, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation for Custody dated December 8, 2004 is adopted as an Order of Court as if set forth herein at length. BY THE COURT, ":1- // i / rR~D9 o "0.,,\ o Al." 11'.' .., l'l 0 11'\'r cn"z ~'j '(, r':c ';~' ..1''';U