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Home My WebLink About93-1682 STACY DANNER (FISHER), Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 93-1682 MICHAEL POMEROY, Defendant CIVIL ACTION - CUSTODY PETITION FOR EMERGENCY RELIEF AND CONFIRMATION OF STATUS QUO AND NOW, comes the Defendant, Michael Pomeroy, by and through his attorney, Gary L. Kelley, and files this petition, and in support thereof, respectfully avers as follows: 1. Plaintiff is Michael Pomeroy who resides at 1645 Pebblebrook Lane, Harrisburg, Pennsylvania 17110. 2. Defendant is Stacy Danner whose last known address was 6280 Carlisle Pike, Lot 37, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff seeks custody of the following children: Name Present residence Age Falishia L. Pomeroy 6280 Carlisle Pike, Lot 37 Mechanicsburg, P A DOB 1/11/91 The child was born out of wedlock. The child is presently in the custody of Defendant. 4. Since 2003, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Plaintiff As above To 6/13/05 Defendant As above 6/13/05 to present 5. The mother of the child is the Plaintiff. She never married the father of the child, the Defendant. 6. The relationship of Plaintiff to the child is that of mother. Plaintiff currently resides with the following persons: Name Relationship N/A 7. The relationship of Defendant to the child is that of father. Defendant currently resides with the following persons: Name Relationship N/A 8. On June 4, 2003, the parties entered an agreement for custody. A true and correct copy of this agreement is attached hereto as Exhibit "A." 9. The agreement provided, inter alia, that moth'~r had primary physical custody of the minor child and that father would have periods of alternating physical custody on alternating weekends and such other times as the parties mutually agre<:d. 10. On or about June 13, 2005, the minor child came to stay with her father for the summer as agreed upon by the child. 11. Since June 13,2005, mother has refused to have any physical or telephone contact with the child. 12. In the interim, mother has relocated from the above address and has refused to provide father with a new address. 13. On or about August 15,2005, mother informed father that she would "sign over" custody of the minor child to father if he would have an appropriate stipulation prepared. 14 Mother also stated during the course of this conversation that she could not continue to put herself through the stress of shared custody and would have little to do with the child in the future. 15. Father immediately had a stipulation for a modification of custody prepared and contacted mother. 16. Mother has refused to respond to any of fathds calls since August 15, 2005. 17. The minor child has stated a preference to remain in the custody of her father. 18. In mid July 2005, father filed a complaint for modification of custody. 19. The undersigned counsel only learned this morning that a conciliation conference in the matter was scheduled for September I, 2005 at 8:30 AM. 20. Given the father's address, the child will attend the Susquehanna Middle School. 21. School commences August 29, 2005. 22. Given the present custodial arrangement of the parties, father is experiencing difficulty in enrolling the child in school. 23 The immediate intervention of this Honorabl e Court is required to timely enroll the child in school and to confirm the present custodial arrangement to facilitate such enrollment. 24. It is in the best interest of the minor child that this Honorable Court intervene in this matter given mother's stated preference that she intends to limit future contact with the child. 25. Without the immediate intervention of this Honorable Court, father will be unable to timely enroll the child in school and a delay in this matter (:Quid cause the child to needlessly miss school given the noncooperation of her mother. WHEREFORE, the Defendant, Michael Pomeroy, respectfully requests that this Honorable Court enter an Order confirming the status quo and granting him custody of the minor child pending further Order of Court Respectfully submitted, J ~~ L. I~No. 132- Walnut Street Harrisburg, PA 17101 (717) 238-1484 Atllorney for Defendant VERIFICATION I verify that the statements made in this Complaint am true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. >>'Zuh~'-~ ~ v. IN THE COURT OF COMMON PLEAS OF Cl;l\MBERLAND COUNTY, PENNSYLVANIA STACY DANNER (FISHER) MICHAEL P~ROY CIVIL ACTION - LAW NO. 93 - 1682, CIVIL 'tERM IN CutrODY AG~MENT CONCERNING CUSTODY AND NOW, this ~y of ,~.vu... , 2001, the parties hereby enter into this Agreement Concerning Custody believing. the following to be in the best interest of the minor child. 1. Mother is Stacy Fisher, an adult individual residing at 6280 Carlisle Pike, Lot Ill, Mechanicsburg, Cumberland County, pennsylvania 17055. 2. Father is Midtael Pomeroy, an adult individl.l;U residing at 16 Cumberland l)rive, Mechanicsburg, Cumberland County. Pennsylvania 17055. 3. The parties are the natural parents of one minor child, Falishia L. Pomeroy, born , January 11, 1991. 4. Mother shall bve p~~hysical custody of the min~d .- 5. Father shall have partial Pt~cal custody of the minor (,;hild, every other weekend beginnidflFriday through - day and at other times as agreed upon by the parties. 6. The partiea shall share holidays. 7. This agreement may be altered by mutual consent of the parties. WHEREFOR1?, the parties, believing the above to be in the best interest of the minor child, hereby e~te said agreement. COMMONWEALTH OF PENNSYL VANIA COUNTY OF (!tI/t16EItc.-##J) ) ) SS: ) On this, the -.!L day of J W p~ ,2003, before me, the undersigned officer, personally appeared Stacy Fisher, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed it for the purposes therein contained. WITNESS my hand and official seal the day and year aforesaid. ~ Notanal Seal I<.th L. Schlegel, NotaJY Pub fie: .enne . d County Hlmlpden Twp" Cumbe"an . My Comml8Slon ExpIres Apr. 4, 200 ......~>AWnla ~tion 01 NolarleS 101<_. ~~.~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF (!tI/f1lJe/t c-/f'h 0 ) ) ss: ) On this, the l day of J /.vt.....<..- , 2003, before me, the undersigned officer, personally appeared Michael Pomeroy, known to me (or satisl'ilctorily proven) to be the person whose name isiilbscribed to the foregoing instrument, and acknowledged that he executed it for the purposes therein contained. WITNESS my hand and official seal the day and year aforesaid. 'I~J otary PublicO ProthonO't8rv Notarial Seal Kenneth L. S':hlegel. Notary Public Hampden Twp.. cun;berland County My Commission ExpIres Apr. 4, 200 Member, f'el"\~'S\lNaru:? A,ssociation o~ Notanes C) ,..., ,;: \:::z. ~ = p ..... """ :1"" 1..,., -:::R:::J C3 c::: ~ (/) f1'lp ~ "-> -on'-~ .s;,- :,)'1' .) 0 "1(.) ~ CI -0 ~)?;l '--.' ::;;r. ? --0 C' ry S;~n'1 9- :'-: "-~ ,&- j>" -( "D -.l -< --- t'- - 1;i> '-< STACY DANNER (FISHER), PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL POMEROY, DEFENDANT 93-1682 CIVIL TERM ORDER OF COURT AND NOW, this Z--'-'\. day of August, 2005, upon consideration of the petition for emergency relief, IT IS ORDERED that temporary physical custody of Falishia L. Pomeroy, born January 11, 1991, is granted to Michael Pomeroy pending further order of court. The father shall be permitted to enroll Falishia L. Pomeroy in :5al school for the 2005-06 school year. By the Court, / t2 .d: 'rz':,; t;{*~.~~ \::."")r(<~ ~"1 .;;::' 1"-" {:,~ QP- ~;,.J.'L.U U-IS li- o ,0 ,-.I CO; ~- u:- J t'j. Cr::: ::;:) ..:;. >,,' CO """ ,.... J ~ ~ 1- ~p\ Q~ \) ~ I 1~ - --.) err+- .-.J' --:z- i --...:, N 'l CJ ~ ~ ]A .- nl 0- ~ -, 0- ~ ... <J C'>_ V 2J .{-" , ,~, ~ .<', ,'1j'J, . --:~? .,,' . ~\ {:).. <3 Q - Stacy Danner (Fisher), Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 93-1682 Civil Term Michael Pomeroy, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR CUSTODY WHEREAS, Stacey Lynn Fisher ("Mother"), and Michael Pomeroy ("Father"), the parties hereto, desire to memorialize their understanding relating to custody of their natural born children, namely Falishia L Pomeroy,DOB 1/11/91; NOW THEREFORE, in consideration of the above recitals, and for other good and valuable considerations and intending to be legally bound, do hereby covenant, promise and agree as follows: I. Father shall have sole legal and physical custody of the child/ren. 2. The welfare of the child/REN shall be the prime considerations of the parties in any application of the provisions of this Order. 3. Father agrees that he will not seek Child Support from the mother. 4. The parties hereby acknowledge and agree that this stipulation shall be entered as an Order of Court. 5. Both parties have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. In the event either party elects to execute this agreement without the advice of counsel, he/she shall nevertheless be bound hereby and he/she specifically and knowingly waives his/her right, if any, to utilize his/her lack of legal representation as a basis to attack the validity ofthis Agreement. WITNESS: ~j ~,~/ 1 r- ~ ~. " :a (1 ( . h 0 S"~YLYD~" . ',- ~;h~P~~ Michael Pomeroy ~ Commonwealth of Pennsylvania County of ~)/II~V<.- Lr-IIJ!J . . anthis,the ('J.,OJ! .dayof ~~ST ,200:S- ,before me _rr\.F1 ~:..::J. c=i(). J-+rr:. : e ~ndersigned officer, personally appe red . c.. €.Lf. ' 'S ( . ("-', Known to me (or satisfactorily proven) to e the pers whose name~ f,.R..L subscribed to the within inst:ruri1ent,.and acknowledged that"Th~ executed the same.for the purposes therein contained. '. . . In witness whereof, I hereunto set my hand A~d official seals. i '. ex ..~ i ~. N~~ f COMMONWEALTH OF PENNSYLVANIA :. Nolarial Seal Mart J. Gouffer. NaIary Public , Silver Spring TWp" Cumbeftand Coooty , My Commission Expires Nov. 17.2007 Member, Pennsylvania ~s~~iation Of Notaries: . . . ! . -,. ", r~ C'_) ..;:,.n ;~ rr; C) -n ..... :r: rn '-q <....) c.) CO 5RE:~'l) 5EP Q ti 'LUU~ STACY DANNER (FISHER) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 93-1682 CNIL ACTION LAW MICHAEL POMEROY Defendant IN CUSTODY ORDER AND NOW, this ~ day of September.2005 , the conciliator, having determined at the conciliation conference that the parties had already signed a Stipulation for Custody, hereby relinquishes jurisdiction. The Father's counsel will submit the Stipulation for entry of an Order. FOR THE COURT, ~-- ~J- ~ Dawn . Sunday, Esquire (j Custody Conciliator J },IN(':,'''''- ::,,\/1:) ! (1 :01 ~jV L - d:;S SDnZ "J'11'1";''' ',,; ,.J-' :ILil Jr> r-,t.,! ~ ,-". 'Ju, ,,,_'j _.,]..11 ...JV :::::+J-mli:l jRECEIVED SEP 15 200S } STACY DANNER (FISHER), Plaintiff IN THE COURT OF COMMON PLEAS OF CUBERLAND COUNTY, PENNSYLVANIA V. NO. 93-1682 MICHAEL POMEROY, Defendant CIVIL ACTION - CUSTODY ORDER AND NOW, this ~ day of September, 2005, upon consideration of the attached Stipulation of the Parties, it is hereby ORDERED and DECREED that the attached Stipulation shall be incorporated herein and be made an Order of Court. ; BY TH)l: COURT: // / -~ JUU~ !\\-cP oq./'" ~ 'Q ~~ 'J-,~_ Q~ @o_ ~L\J ~ ~ (") - - :u::: """ C) ('J c.- U_I U'> <g ~ -... i:= '7' '::) .~i.. "-'1 ,....;:.~ '1:::<0 ~!~(~ ::-,':::; ;-':-j ,~:_'; 0.... "';.. ":5 () ,- - Stacy Danner (Fisher), Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 93-1682 Civil Term Michael Pomeroy, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR CUSTODY WHEREAS, Stacey Lynn Fisher ("Mother"), and Michael Pomeroy ("Father"), the parties hereto, desire to memorialize their understanding relating to custody of their natural born children, namely Falishia L Pomeroy,DOB 1/11/91; NOW THEREFORE, in consideration of the above recitals, and for other good and valuable considerations and intending to be legally bound, do hereby covenant, promise and agree as follows: 1. Father shall have sole legal and physical custody of the childlren. 2. The welfare of the child/REN shall be the prime considerations of the parties in any application of the provisions ofthis Order. 3. Father agrees that he will not seek Child Support from the mother. 4. The parties hereby acknowledge and agree that this stipulation shall be entered as an Order of Court. 5. Both parties have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. In the event either party elects to execute this agreement without the advice of counsel, he/she shall nevertheless be bound hereby and he/she specifically and knowingly waives his/her right, if any, to utilize his/her lack of legal representation as a basis to attack the validity ofthis Agreement. WITNESS: Idv~) ~,4t/ lL.~ ah{jJ~l2~ Michael Pomeroy V Commonwealth of Pennsylvania County of fli.1I8vd.-ANlJ . On this, the (.~ 0 JC, .dayof ~(J.J\I ,20 0 S- ,before me ~~. -5: c:iIl'J4....... ~rsigned officer, personallyappe red ("{\i..c..\v.. E:.L~. ~OM~ru;~ )' <S})o'\c(~~r'-'I Known to me (or satisfactorily proven) to e the pers _ whose name-s ~s subscribed to the within inst:ruriJ.ent, and acknowledged that-m~ executed the same for the purposes therein contained. . . . . In witness whereof, I hereunto set my hand And official seals. . , .r\ . ~ : -0\ N~Pu~ f , COMMONWEALTH OF PENNSYLVANIA " Notarial Seal Mary J. Gouffer. NoIa<y Public Silver Spring TWp.. CIn1bertand County My CommissiOn Expires Nov. 17. 2007 Membe.r, Pennsylvania ~S~~ialion or Notanes ; . ". c'! ," - ...., r-','" ,:,-:::; C'-I ~~? ) ~'n :"TJ r-;l """j (..) C,"' CO