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HomeMy WebLinkAbout04-5644 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie 1.0. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs THOMASR.GROOMEand CHERYL A. GROOME, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- S"1..44 C/~c:.L ~€a....~ CIVIL ACTION - LAW IN CUSTODY v. ROMAINE STANSFIELD, Defendant COMPLAINT FOR CUSTODY 1. Plaintiffs, Thomas R. Groome and Cheryl A. Groome, husband and wife, reside at 1824 Newport Road, Duncannon, Perry County, Pennsylvania 17020. 2. Defendant, Romaine Stansfield, resides at 505 Third Street, West Fairview, Cumberland County, Pennsylvania 17025. 3. The Defendant, Romaine Stansfield, is the biological mother of the minor child, ZANE THOMPSON, born May 27,2004. 4. Plaintiffs seek custody or partial custody of the following child: Name Present Residence Zane C. Thompson 505 Third Street West Fairview, PA 17025 5. The child was born out of wedlock. 6. The child is presently in the custody of Defendant, Romaine Stansfield, who resides at 505 Third Street, West Fairview, Cumberland County, Pennsylvania 17025. 7. Since birth, the child has resided with the following persons at the following addresses: Name Address Dates Romaine Stansfield 505 Third Street Lexus Marie Stansfield West Fairview, PA 17025 (Born February 2001 - half sister) Birth to Present Christopher Thompson (Late Father) Birth to 7/6/04 8. The Mother of the child is Romaine Stansfield. She is believed to be single. 9. The Father of the child was Christopher Thompson. 10. The relationship of Plaintiffs to the child is that of Paternal Grandparents. 11 . Plaintiffs current reside with the following persons: None. 12. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the fOllowing persons: Name Address Romaine Stansfield Lexus Marie Stansfield (Born February 2001 - half sister) 505 Third Street West Fairview, PA 17025 13. The Plaintiffs have not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other court. 14. Plaintiffs do 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 this child. 15. The best interest and permanent welfare of the child will be served by granting the Paternal Grandparents, Thomas R. Groome and Cheryl A. Groome, liberal partial custody rights because: A. The child has enjoyed frequent and continuing contact with the Paternal Grandparents since the death of his father in July 2004. Defendant has supported this relationship and has frequently used Plaintiffs as weekend babysitters. B. It is in the best interest of the child to maintain these relationships. C. In the past, the Defendant Mother has threatened to cut off all contact between the Paternal Grandparents and the subject child and has threatened to move out of state. 16. The Plaintiffs have standing under 23 Pa.C.S.A. S5313(b) and under 23 Pa. C.S.A. ~5311. 17. The child's parents were never married. 18. The child's father was murdered in July 2004. 19. Subsequent to Father's death, the Defendant Mother has facilitated frequent and continuing contact, including periods of partial custody, with the Paternal Grandparents. 20. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. WHEREFORE, the Plaintiffs, Thomas R. Groome and Cheryl A. Groome, request the Court to grant liberal partial custody of the minor child, ZANE C. THOMPSON, to them. Respectfully submitted, JOHNSON, DUFFIE, STEWART & lONER Date: " /5/ p Y By: ~~ ~ Mark C. Duffie :238273 VERIFICA TION We, Thomas R. Groome and Cheryl A. Groome, verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of our knowledge, information and belief. We understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~ 1Y1'~ Thomas ~~~. Dated: It [S(o.y ~ t~ - ~ ~ -- ~~ ~ (ll -- - D r> ~ 1- /"-..) 0 () r:;:.) s:: <= -rl ..L- :T1 ~,: ",. ;-..l--: ---; I CJ ili? l~'1 ; ...-: ".errl < I -";0 ..... t . t', \.D r~C' :'1: ...... -rt .. -::.1 . .L; :-u ("" .~'') ,- i, -- ~~'J rrl .. I , .j./"' " fy ~ :~~ <n (.n Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiffs Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. eJ-l- Sf.,I./'-I 8uL 7'VL'"1. CIVIL ACTION - LAW IN CUSTODY THOMASR.GROOMEand CHERYL A. GROOME, v. ROMAINE STANSFIELD, Defendant STIPULA TION FOR CUSTODY WHEREAS, Defendant, Romaine Stansfield (hereinafter "Mother"), is the biological mother of a minor child, Zane Thompson, born May 27, 2004 (hereinafter "Child"); and WHEREAS, the natural father of the minor child, Christopher Thompson, passed away on July 6, 2004; and WHEREAS, the Plaintiff, Cheryl A. Groome, is the paternal grandmother of the minor child (hereinafter "Grandmother"); and WHEREAS, the Plaintiff, Thomas R. Groome, the husband of Cheryl A. Groom, is the paternal step-grandfather of the minor child (hereinafter "Grandfather") Grandmother and Grandfather shall be hereinafter collectively referred to as "Grandparents"; and WHEREAS, Plaintiffs herein filed a Complaint For Custody on November 9, 2004; and WHEREAS, the parties have reached an agreement for a parenting plan which they believe reflects the best interests of the child. NOW THEREFORE, intending to be legally bound, the parties stipulate and agree as follows: 1. Mother shall have legal custody of the Child. She shall, subject to rights conferred upon Grandparents and set forth herein, have the right to make all major non- emergency decisions effecting the child's general well being including, but not limited to, all decisions regarding his health, education, and religion. Grandparents shall have the right to make all emergency and non-emergency medical decisions when the Child is in their care, custody, and control. In the event that any decision as described herein is made, the Grandparents agree to notify Mother immediately. It is the intent of the parties hereto that the Grandparents have the ability to proceed with any medical decision making whether notification to Mother has been affected. The Grandparents agree to use their every and best efforts to immediately notify Mother in the event any medical decisions are made. Grandparents shall also have shared legal custody for the limited purpose of major long-term, life altering medical care or the administration of medication for such purpose. 2. Physical Custody. Mother shall have primary physical custody of the Child subject to periods of partial custody in favor of the Grandparents, which are outlined as follows: a. Grandparents shall enjoy partial custody of the minor child every weekend defined as Friday, at 7:00 a.m. until Sunday, at 7:00 p.m. or Saturday, at 7:00 a.m. until Monday, at 7:00 p.m. The parties shall communicate with respect to their schedules to determine which timeframe shall be utilized for each particular weekend. b. The Grandparents' periods of partial custody are subject to occasional weekends wherein the Child shall spend time with Mother. These weekends wherein Mother shall retain custody shall be discussed and determined at the discretion of the parties. It is the intent of the parties that Mother will never have more than two (2) consecutive weekends thereby precluding any custodial time with the Grandparents for that same period. 3. Vacation. Both Mother and Grandparents shall be entitled to up to six (6) weeks of uninterrupted vacation custodial time with the Child with no more than two (2) consecutive weeks of custodial time being exercised. Both parties shall give the other advance notice of their intent to exercise periods of vacation/partial custody, as provided herein, as well as, provide the custodial party(s) a destination and contact number should the Child and leave the area. 4. Holidays. A. Christmas. Christmas shall have two segments, Segment A and Segment B. Segment A shall be December 24, from 5:00 p.m. until December 25, at 11 :00 a.m. Segment B shall be from December 25, at 11 :00 a.m. until December 26, at 9:00 a.m. when the ordinary custodial schedule resumes. Commencing in 2004 and subsequent even numbered years, Mother shall have custody for Segment A and Grandparents shall have custody for Segment B. In 2005 and subsequent odd numbered years, Mother shall have Segment B and Grandparents shall have Segment A. B. On holidays during even numbered years, the child will be with Mother on News Years Eve, Easter, Independence Day, and Halloween. In odd numbered years, the child will be with Mother on New Years Day, Memorial Day, Labor Day, and Thanksgiving. Birthdays will be celebrated with the party having custody on the ordinary schedule. Mother's Day will be spent with Mother. The holiday schedule supercedes the ordinary schedule. 5. Neither party will relocate a distance of greater than a thirty (30) minute drive without the consent of the other party. In the event that a change in the custodial schedule is needed by reason of the desired relocation of one party, and in the absence of an agreement of the parties, the relocating party will provide the other party no less than sixty (60) days notice of their intent to relocate. It is the intention of this paragraph to give the parties an opportunity to modify the custodial agreement if one becomes necessary by a desired relocation. 6. The parties intend that this Stipulation be made into an Order of Court. 7. The parties may vary from the Stipulation by their mutual agreement. In the absence of a mutual agreement, the terms of the Stipulation and Order shall control. Witness: ~{. Mark C. Duffie ~" Thomas R. (f' "" ;nne:/) ~D~ ~4~Q~~ Cheryl ~roome . Witness: :239532 ~."'" .<~~~ ~ ~A9(j ~aine Stansfield U ( ~\ !"- ) lJ Co,"";'}. <: <. ') -il ~; C , :,':,t \ i ! , . . ; \: .. - .. , l \ J - .' C~I ,) 'i -'r' ; \ ). " '- ,:) \ :;~ :: -~.J '- THOMAS R. GROOME and CHERYL A. GROOME, Plaintiffs/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5644 CIVIL TERM v. CIVIL ACTION - LAW ROMAINE STANSFIELD, IN CUSTODY Defendant/Respondent EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1915.13 PETITIONERS, Thomas R. Groome and Cheryl A. Groome, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, hereby file this Emergency Petition For Special Relief and in support thereof, avers as follows: 1. Petitioners, Thomas R. Groome and Cheryl A. Groome, husband and wife, reside at 1824 Newport Road, Duncannon, Perry County, Pennsylvania 17020. 2. Respondent, Romaine Stansfield, resided at 505 Third Street, West Fairview, Cumberland County, Pennsylvania 17025, until her recent incarceration in Cumberland County Prison. 3. The Respondent, Romaine Stansfield, is the biological mother of a minor child, Zane Thompson, born May 27,2004. 4. The natural father of the minor child was Christopher Thompson, is deceased. 5. The Petitioners are the paternal grandparents of the same minor child. 6. On November 9, 2004, the Petitioners filed a Complaint for Custody wherein they requested liberal partial custody of the minor child, Zane Thompson. A true and correct copy of said Complaint is attached hereto and incorporated herein as Exhibit "A". 7. By Stipulation by and among the parties hereto, the Petitioners were conferred partial custody according to the terms and conditions contained therein. Said Stipulation was entered and incorporated as an Order of Court dated December 17, 2004. A true and correct copy of said Stipulation and Order is attached hereto and incorporated herein as Exhibit "B". 8. The minor child is currently in the care, custody and control of the Petitioners as mother has been recently incarcerated for a number of probation violations and other charges, which may include and may not be limited to the following: (a) driving under the influence of alcohol; (b) driving under a suspended license; (c) driving an unregistered uninsured vehicle; (d) utilizing illegal drugs during her term of probation; and (e) forgery. 9. Counsel for the undersigned has attempted to contact Respondent's probation officer, Tiffany Ryan, in Cumberland County but has been unable, to date, to ascertain the precise nature of these charges. 10. The Petitioners have contacted Children and Youth Services in Cumberland County and indicated that they, as they paternal grandparents, have had a frequent and continuing relationship involving significant custodial time, overnight custodial visits, as well as the current Order entered by Stipulation which is attached hereto as Exhibit "8". 11. Children and Youth Services of Cumberland County directed Petitioners to consult with counsel and file an Emergency Petition for Special Relief in lieu of their proceeding with a dependency hearing for this child. Respondent has indicated to Cumberland County Children & Youth Services that it is her desire that the minor child be placed in the care, custody and control of Petitioners. 12. The best interest and permanent welfare of the child will be served by confirming the status quo of physical custody in the Petitioners during Respondent's incarceration due to the following: (a) The Petitioners have participated in raising this child, as they have enjoyed frequent and continuing contact on an overnight basis and said relationship has been memorialized by the Stipulation of the parties hereto and the incorporating Order. (b) The Petitioners currently enjoy a partial shared legal custody arrangement with Respondent as they have participated in decision making with respect to the said child who has extraordinary medical needs and have assisted in obtaining medical care for the child. (c) The Petitioners have prepared for some time and are currently prepared to accept the role of sole physical and legal custodians of the minor child. WHEREFORE, the Petitioners, Thomas R. Groome and Cheryl A. Groome request the Court to grant them sole physical and legal custody of the minor child, Zane Thompson, subject to the following: Petitioners shall have the right to make all decisions attendant to legal custody including, but not limited to, medical decisions. In the event that any decision, medical or otherwise, is made, the Petitioners agree to use all best efforts to notify Respondent immediately. With respect to major long term, life-altering medical care or the administration of medication for such purposes, the parties shall share equally in that decision making process. At such time as the Respondent is released from incarceration and files a Petition to Modify this Order, a conciliation conference will promptly be scheduled . Respectfully submitted, Johnson, Duffie, Stewart & Weidner Date: 1:2 - .:J.I-,Jt.f BY:~ ~ /I~c. Du ie Esquire VERI FICA rlON We, Thomas R. Groome and Cheryl A. Groome, verify that the statements made in the foregoing Emergency Petition for Special Relief are true and correct to the best of our knowledge, information and belief. We understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. ---/;/~W1 Thomas R. Groo e (I~~-(/(/~p ~ CherylY Groome DATE: 1~-d.I-0<1 :241446 CERTIFICA TE OF SERVICE AND NOW, this 21 st day of December, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Romaine Stansfield Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER BY:~ Deborah Zie " :241456 THOMAS R. GROOME and CHERYL A. GROOME, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CY-l- SI-44 C; uL '--r~ CIVIL ACTION - LAW v. ROMAINE STANSFIELD, IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of , 2004, it is hereby directed that the parties and their respective counsel appear before the Conciliator, at on the day of , 2004 at _.m. for a Custody Conciliation 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 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: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 Dist: Mark C. Duffie, Esquire, PO Box 109, Lemoyne, PA 17043 Romaine Stansfield, 505 Third Street, West Fairview, PA 17025 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie 1.0. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs THOMAS R. GROOME and CHERYL A. GROOME, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ROMAINE STANSFIELD, IN CUSTODY ~~ 0 s~ -n -,. .---\ ....~.- r c.-:' fl-] F .......: "-rl ';.::; " l~) "~r I :!] ,""-, i'r'l I ...0 v. (j CIVIL ACTION - LAW::~ Defendant r .'., "" --;J ),1' .~-- .:-;,' N ~;:::l --:.., en en ~T~ -"'.., COMPLAINT FOR CUSTODY 1. Plaintiffs, Thomas R. Groome and Cheryl A. Groome, husband and wife, reside at 1824 Newport Road, Duncannon, Perry County, Pennsylvania 17020. 2. Defendant, Romaine Stansfield, resides at 505 Third Street, West Fairview, Cumberland County, Pennsylvania 17025. 3. The Defendant, Romaine Stansfield, is the biological mother of the minor child, ZANE THOMPSON, born May 27,2004. 4. Plaintiffs seek custody or partial custody of the following child: Name Present Residence Zane C. Thompson 505 Third Street West Fairview, PA 17025 5. The child was born out of wedlock. 6. The child is presently in the custody of Defendant, Romaine Stansfield, who resides at 505 Third Street, West Fairview, Cumberland County, Pennsylvania 17025. 7. Since birth, the child has resided with the following persons at the following addresses: Name Address Dates Romaine Stansfield 505 Third Street Lexus Marie Stansfield West Fairview, PA 17025 (Born February 2001 - half sister) Birth to Present Christopher Thompson (Late Father) Birth to 7/6/04 8. The Mother of the child is Romaine Stansfield. She is believed to be single. 9. The Father of the child was Christopher Thompson. 10. The relationship of Plaintiffs to the child is that of Paternal Grandparents. 11. Plaintiffs current reside with the following persons: None. 12. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Name Address Romaine Stansfield Lexus Marie Stansfield (Born February 2001 - half sister) 505 Third Street West Fairview. PA 17025 13. The Plaintiffs have not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other court. 14. Plaintiffs do 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 this child. 15. The best interest and permanent welfare of the child will be served by granting the Paternal Grandparents, Thomas R. Groome and Cheryl A. Groome, liberal partial custody rights because: A. The child has enjoyed frequent and continuing contact with the Paternal Grandparents since the death of his father in July 2004. Defendant has supported this relationship and has frequently used Plaintiffs as weekend babysitters. B. It is in the best interest of the child to maintain these relationships. C. In the past, the Defendant Mother has threatened to cut off all contact between the Paternal Grandparents and the subject child and has threatened to move out of state. 16. The Plaintiffs have standing under 23 Pa.C.S.A. 95313(b} and under 23 Pa. C.S.A. 95311. 17. The child's parents were never married. 18. The child's father was murdered in July 2004. 19. Subsequent to Father's death, the Defendant Mother has facilitated frequent and continuing contact, including periods of partial custody, with the Patemal Grandparents. 20. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. WHEREFORE, the Plaintiffs. Thomas R. Groome and Cheryl A. Groome, request the Court to grant liberal partial custody of the minor child. ZANE C. THOM~SON, to them. Respectfully submitted, JOHNSON, DUFFIE. STEWART & lONER Date: ,I I :s/t? / By: ~~ /? Mark C. Duffie :238273 VERIFICA TION We, Thomas R. Groome and Cheryl A. Groome, verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of our knowledge, information and belief. We understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. ~'rrYl~f Thomas (UJ>dY a~~ , -- ~tit(A,. Groome Dated: lfIs!().y DEr": .~,:' -""'"' .! '004i THOMAS R. GROOME and CHERYL A. GROOME, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- ~l-LfLf (JuL'L ~7YL.~ CIVIL ACTION - LAW v. ROMAINE STANSFIELD, IN CUSTODY Defendant ORDER OF COURT AND NOW, this F7-1-L.eay of ~S::-(" , 2004, upon agreement of the above-captioned parties, the attached Stipulation For Custody is hereby made into an Order of Court effective immediately. BY:jS~fr )O~~ d -t.1" Dist: Mark C. Duffie, Esquire, PO Box 109, Lemoyne, PA 17043 Romaine Stansfield, 505 Third Street, West Fairview, PA 17025 ",.b. ,-.l,; lr. ~~~~ ;,;:?C,,, ':',. ; ,:;~, ';,:'~' ':iD ~~~jlhe.. ~:~'tt)~. '~=:::~~%t- c 'A 0... 0 Y . Y -1 .,. )1 d Ii - -- ., - I\va~t Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs ( .;. ;'"' ~~ ~ ; i,,'.) , . i \'~ .~ . " ;"'] - -' ' ,- \ ~ C,,) " Plaintiffs ":"-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. THOMAS R. GROOME and CHERYL A. GROOME, v. CIVIL ACTION - LAW ROMAINE STANSFIELD, IN CUSTODY Defendant STIPULATION FOR CUSTODY WHEREAS, Defendant, Romaine Stansfield (hereinafter "Mother"), is the biological mother of a minor child, Zane Thompson, born May 27, 2004 (hereinafter "Child"); and WHEREAS, the natural father of the minor child, Christopher Thompson, passed away on July 6, 2004; and WHEREAS, the Plaintiff, Cheryl A. Groome, is the paternal grandmother of the minor child (hereinafter "Grandmother"); and WHEREAS, the Plaintiff, Thomas R. Groome, the husband of Cheryl A. Groom, is the paternal step-grandfather of the minor child (hereinafter "Grandfather") Grandmother and Grandfather shall be hereinafter collectively referred to as "Grandparents"; and WHEREAS, Plaintiffs herein filed a Complaint For Custody on November 9, 2004; and WHEREAS, the parties have reached an agreement for a parenting plan which they believe reflects the best interests of the child. NOW THEREFORE, intending to be legally bound, the parties stipulate and agree as follows: 1. Mother shall have legal custody of the Child. She shall, subject to rights conferred upon Grandparents and set forth herein, have the right to make all major non- emergency decisions effecting the child's general well being including, but not limited to, all decisions regarding his health, education, and religion. Grandparents shall have the right to make all emergency and non-emergency medical decisions when the Child is in their care, custody, and control. In the event that any decision as described herein is made, the Grandparents agree to notify Mother immediately. It is the intent of the parties hereto that the Grandparents have the ability to proceed with any medical decision making whether notification to Mother has been affected. The Grandparents agree to use their every and best efforts to immediately notify Mother in the event any medical decisions are made. Grandparents shall also have shared legal custody for the limited purpose of major long-term, life altering medical care or the administration of medication for such purpose. 2. Phvsical Custody. Mother shall have primary physical custody of the Child subject to periods of partial custody in favor of the Grandparents, which are outlined as follows: a. Grandparents shall enjoy partial custody of the minor child every weekend defined as Friday, at 7:00 a.m. until Sunday, at 7:00 p.m. or Saturday, at 7:00 a.m. until Monday, at 7:00 p.m. The parties shall communicate with respect to their schedules to determine which timeframe shall be utilized for each particular weekend. b. The Grandparents' periods of partial custody are subject to occasional weekends wherein the Child shall spend time with Mother. These weekends wherein Mother shall retain custody shall be discussed and determined at the discretion of the parties. It is the intent of the parties that Mother will never have more than two (2) consecutive weekends thereby precluding any custodial time with the Grandparents for that same period. 3. Vacation. Both Mother and Grandparents shall be entitled to up to six (6) weeks of uninterrupted vacation custodial time with the Child with no more than two (2) consecutive weeks of custodial time being exercised. Both parties shall give the other advance notice of their intent to exercise periods of vacation/partial custody, as provided herein, as well as, provide the custodial party(s) a destination and contact number should the Child and leave the area. 4. Holidavs. A. Christmas. Christmas shall have two segments, Segment A and Segment B. Segment A shall be December 24, from 5:00 p.m. until December 25, at 11 :00 a.m. Segment B shall be from December 25, at 11 :00 a.m. until December 26, at 9:00 a.m. when the ordinary custodial schedule resumes. Commencing in 2004 and subsequent even numbered years, Mother shall have custody for Segment A and Grandparents shall have custody for Segment B. In 2005 and subsequent odd numbered years, Mother shall have Segment B and Grandparents shall have Segment A. B. On holidays during even numbered years, the child will be with Mother on News Years Eve, Easter, Independence Day, and Halloween. In odd numbered years, the child will be with Mother on New Years Day, Memorial Day, Labor Day, and Thanksgiving. Birthdays will be celebrated with the party having custody on the ordinary schedule. Mother's Day will be spent with Mother. The holiday schedule supercedes the ordinary schedule. 5. Neither party will relocate a distance of greater than a thirty (30) minute drive without the consent of the other party. In the event that a change in the custodial schedule is needed by reason of the desired relocation of one party, and in the absence of an agreement of the parties, the relocating party will provide the other party no less than sixty (60) days notice of their intent to relocate. It is the intention of this paragraph to give the parties an opportunity to modify the custodial agreement if one becomes necessary by a desired relocation. 6. The parties intend that this Stipulation be made into an Order of Court. 7. The parties may vary from the Stipulation by their mutual agreement. In the absence of a mutual agreement, the terms of the Stipulation and Order shall control. Witness: ~;k/1u~ 'It",., .~ Thomas R. Gro me Witness: ~ji:ffi~pf ~ ~O$~~ Cheryl ~oome Witness: 7r -fldfJ ~ I , " c~ ~, !'\('{\..J. _L A '-' ,-. -. ._ -'\.. .J ^"_ c0 ~maine Stansfiel Y v :239532 " I' r:-, ...:;' ...:. " t' . I ' {< If L::,", _ (' ,~ I (~.\ j:~ : . I t~ I.! " (j <' ; {.,~ (~:~ q) ff r'J d ~ ~ ~ ~\!) ,~()~ -- ...... <::) r tI: . '~~~ U V~ O-~ THOMAS R. GROOME & CHERYL A. GROOME IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-5644 CIVIL ACTION LAW ROMAINE STANSFIELD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 16, 2004 , 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 Tuesday, December 07, 2004 at 9:00 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 a,ge five or older may also be present at the conference. 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 hearine:. FOR THE COURT. By: /s/ Dawn S. Sunday. Esq. Custody Conciliator mhc 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 thc~ 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 -. ~~ ~ .;z ~ ~ 40.;'C// .~ 2. ~ ~t< Nk.// ~O r.p~ 4-.p? .AO./Je.p VirW/n.~.st"H 4,~d . '''\ -''''''''J')'''I f !ft..!r"i,.......r,J r.,,,\ ~ I .~-~:-+;fy.t "'..} I\.iJ '\\ rt_'. ,0, -.......t Of} :01 HV fJ2 ADN ~OOZ '''v''ciliOH10cd 3Hl.:10 Ab v l.\..I" I ) J,"\..f'''''q 30d.:'V u:J Ii:l DEe 1 7 2C04j' THOMAS R. GROOME & CHERYL A. GROOME IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-5644 CIVIL ACTION LAW ROMAINE STANSFIELD Defendant IN CUSTODY ORDER AND NOW, this 15th day of December.2004 , the conciliator, being advised by plaintiffs counsel that all custody issues have been resolved by agreement ofthe parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for December 16, 2004 is cancelled. FOR THE COURT, i)~-~ Dawn S. Sunday, Esquire Custody Conciliator ~ ~ \ ,~ -). , \~1~ :~~~' '?i' (,") ',i;' 1.1..1(.:.. _, ,I ~~l; Ci) lD c'') ,..,- c:..... LI_ o c::) 1,:'.,J r..) 'I C:_l .."....,.. l"':~.r C,~~,' ,~"" :I DEe 2 1 2004 o THOMAS R. GROOME and CHERYL A. GROOME, Plaintiffs/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5644 CIVIL TERM v. CIVIL ACTION - LAW ROMAINE STANSFIELD, IN CUSTODY Defendant/Respondent TEMPORARY ORDER OF COURT AND NOW, this M day of ye-e- # , 2004, it is hereby Ordered and decreed that the Petitioners, Thomas R. Groome and Cheryl A. Groome, shall have sole physical and legal custody of the minor child, Zane Thompson subject to the following: Petitioners shall have the right to make all decisions attendant to legal custody including, but not limited to, medical decisions. In the event that any decision, medical or otherwise, is made, the Petitioners agree to use all best efforts to notify Respondent immediately. With respect to major long term, Iife-c:lltering medical care or the administration of medication for such purposes, the partiets agree that the parties shall share equally in that decision making process. ,j At such time I fis the REf~P9ndent is released from incarceration and files a 'T(1 ~ 1-v \M.s 0 {" 'ft, c- C.u 5:\0 d ~ 6U'd c..J d 2-+ c... J be..c. \ t"1, '2 Dc:> L.{ ;) ~eIT ~ ~~~~ly ~h~ ~f(~'lC-C~ ~: ttt:t;..,OO;foji-h ~~I t:;~:; SChedU'9d'!1 ,I- &..Jlv s.~.? \CJV""7{,>zl~. "'-;': ') '. # '-.. ....., :\...; :-,';'] '., ~ ;'; 7 . 'l.o -",_, Counsel for Petitioners shall promptly provide a copy of this Order to the Respondent. By:~/L . ,~ ,'," J" . IJ....> c. 'SJe 1 C) k f' I J' j.) J. THOMAS R. GROOME and CHERYL A. GROOME, Plaintiffs/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5644 CIVIL TERM v. CIVIL ACTION - LAW ROMAINE STANSFIELD, IN CUSTODY Defendant/Respondent RULE TO SHOW CAUSE AND NOW, this _ day of December, 2004, upon consideration of the Emergency Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13, it is hereby directed that Respondent show cause why the Emergency Petition should not be issued, providing the relief requested by Petitioners. R.ule returnable in days from the date of this Order. J. :241452 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D.No.75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs ( :.. ': I , ~.-~ ~~ ~ ,~ ' 1 iI,' " , ....... '",- I ' - -" . ',' I j C,,) Plaintiffs .---1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. <'," THOMAS R. GROOME and CHERYL A. GROOME, v. CIVIL ACTION - LAW ROMAINE STANSFIELD, IN CUSTODY Defendant STIPULATION FOR CUSTODY WHEREAS, Defendant, Romaine Stansfield (hHreinafter "Mother"), is the biological mother of a minor child, Zane Thompson, bom May 27, 2004 (hereinafter "Child"); and WHEREAS, the natural father of the minor child, Christopher Thompson, passed away on July 6, 2004; and WHEREAS, the Plaintiff, Cheryl A. Groome, is the paternal grandmother of the minor child (hereinafter "Grandmother"); and WHEREAS, the Plaintiff, Thomas R. Groome, the husband of Cheryl A. Groom, is the paternal step-grandfather of the minor child (hereinafter "Grandfather") Exhibit A DEG :~( '0041' Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- r;l-LfLf dUL'L~7YL0f CIVIL ACTION - LAW THOMASR.GROOMEa~ CHERYL A. GROOME, v. ROMAINE STANSFIELD, IN CUSTODY Defendant ORDER OF COURT AND NOW, this F7~ay of -JJ~c , 2004, upon agreement of the above-captioned parties, the attached Stipulation For Custody is hereby made into an Order of Court effective immediately. By:~lo~frrJ~J Dist: Mark C. Duffie, Esquire, PO Box 109, Lemoyne, PA 17043 Romaine Stansfield, 505 Third Street, West Fairview, PA 17025 ....I.i...,~ r.\,:: t~...,!'" ~~~.F '. rt ",,-~;(, It :.\..t""""-.~~' I '* . In ~':':lo<irf~'ir'; \, ";:>:-', : ; ':;:..:. ,), ;,} hr~':" ~.~~~;;Jf;;"~ t,' i' 1 ;. /:i ~ '", ~' '~:;, 7::~ Plaintiffs/Petitioners IN THE COUI~T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5644 CIVIL TERM THOMAS R. GROOME and CHERYL A. GROOME, v. CIVIL ACTION - LAW ROMAINE STANSFIELD, IN CUSTODY Defendant/Respondent EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1915.13 PETITIONERS, Thomas R. Groome and Cheryl A. Groome, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, hereby file this Emergency Petition For Special Relief and in support thereof, avers as follows: 1. Petitioners, Thomas R. Groome and Cheryl A. Groome, husband and wife, reside at 1824 Newport Road, Duncannon, Perry County, Pennsylvania 17020. 2. Respondent, Romaine Stansfield, resided at 505 Third Street, West Fairview, Cumberland County, Pennsylvania 17025, until her recent incarceration in Cumberland County Prison. 3. The Respondent, Romaine Stansfield, is the biological mother of a minor child, Zane Thompson, born May 27,2004. 4. The natural father of the minor child was Christopher Thompson, is deceased. 5. The Petitioners are the paternal grandparents of the same minor child. 6. On November 9, 2004, the Petitioners filed a Complaint for Custody wherein they requested liberal partial custody of the minor child, Zane Thompson. A true and correct copy of said Complaint is attached hereto and incorporated herein as Exhibit "A", 7. By Stipulation by and among the parties hereto, the Petitioners were conferred partial custody according to the terms and conditions contained therein. Said Stipulation was entered and incorporated as an Order of Court dated December 17, 2004. A true and correct copy of said Stipulation and Order is attached hereto and incorporated herein as Exhibit uB". 8. The minor child is currently in the care, custody and control of the Petitioners as mother has been recently incarcerated for a number of probation violations and other charges, which may include and may not be limited to the following: (a) driving under the influence of alcohol; (b) driving under a suspended license; (c) driving an unregistered uninsured vehicle; (d) utilizing illegal drugs during her term of probation; and (e) forgery. 9. Counsel for the undersigned has attempted to contact Respondent's probation officer, Tiffany Ryan, in Cumberland County but has been unable, to date, to ascertain the precise nature of these charges. 10. The Petitioners have contacted Childrem and Youth Services in Cumberland County and indicated that they, as they paternal grandparents, have had a frequent and continuing relationship involving significant custodial time, overnight custodial visits, as well as the current Order entered by Stipulation which is attached hereto as Exhibit "8". 11. Children and Youth Services of Cumberland! County directed Petitioners to consult with counsel and file an Emergency Petition for Special Reiief in lieu of their proceeding with a dependency hearing for this child. Respondent has indicated to Cumberland County Children & Youth Services that it is her desire that the minor child be placed in the care, custody and control of Petitioners. 12. The best interest and permanent welfare of the child will be served by confirming the status quo of physical custody in the Petitioners during Respondent's incarceration due to the following: (a) The Petitioners have participated in raising this child, as they have enjoyed frequent and continuing contact on an overnight basis and said relationship has been memorialized by the Stipulation of the parties hereto and the incorporating Order. (b) The Petitioners currently enjoy a partial shared legal custody arrangement with Respondent as they have participated in decision making with respect to the said child who has extraordinary medical needs and have assisted in obtaining medical care for the child. (c) The Petitioners have prepared for some timE~ and are currently prepared to accept the role of sole physical and legal custodians of tho minor child. WHEREFORE, the Petitioners, Thomas R. Groome and Cheryl A. Groome request the Court to grant them sole physical and legal custody of the minor child, Zane Thompson, subject to the following: Petitioners shall have the right to make all decisions attendant to legal custody including, but not limited to, medical decisions. In the event that any decision, medical or otherwise, is made, the Petitioners agree to use all best efforts to notify Respondent immediately. With respect to major long term, life..altering medical care or the administration of medication for such purposes, the parties shall share equally in that decision making process. At such time as the Respondent is released from incarceration and files a Petition to Modify this Order, a conciliation conference will promptly be scheduled . Respectfully submitted, Johnson, Duffie, Stewart & Weidner Date: 1:2 - ;1.1-11'1 VERIFICATION We, Thomas R. Groome and Cheryl A. Groome, verify that the statements made in the foregoing Emergency Petition for Special Relief are true and correct to the best of our knowledge, information and belief. We understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. -?;/""M ( Thomas R. Groo~ e /~~2~ . Groom/3 DATE: I 'J.- d-I - 0<1 :241446 CERT/F/CA TE OF SERVICE AND NOW, this 21 st day of December, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Romaine Stansfield Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER BY:~~ Deborah Zie n / :241456 Exhibit B Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CY-I-SI-44 C;CJ,L~~ CIVIL ACTION - LAW THOMAS R. GROOME and CHERYL A. GROOME, v. ROMAINE STANSFIELD, IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of , 2004, it is hereby directed that the parties and their respective counsel appear before the Conciliator, at on the day of , 2004 at _.m. for a Custody Conciliation 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 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 Ordelli and Custody Orders to the Conciliator 48 hours prior to scheduled hearing. FOR THE COURT: BY: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 Dist: Mark C. Duffie, Esquire, PO Box 109, Lemoyne, PA 17043 Romaine Stansfield, 505 Third Street, West Fairview, PA 17025 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. THOMAS R. GROOME and CHERYL A. GROOME, v. () GIVIL ACTION - LAW,::; r--.:I = c::> o -n _,J\lII' ..--<\ ~,- :c -'-' ~:~ rl1F -r') I,!} <3';~~ :;.~~:~ f'0 ~ ...,~..." I ....0 --11 I ROMAINE STANSFIELD, IN CUSTODY , , , t, Defendant l,,'~ ' , ...." J..:" ,,;"'~- . c,~ "'- -.-\ -( (J1 0" ~'T~ "."'''' COMPLAINT FOR CUSTODY 1. Plaintiffs, Thomas R. Groome and Cheryl A. Groome, husband and wife, reside at 1824 Newport Road, Duncannon, Perry County, Pennsylvania 17020. 2. Defendant, Romaine Stansfield, resides at 505 Third Street, West Fairview, Cumberland County, Pennsylvania 17025. 3. The Defendant, Romaine Stansfield, is the biological mother of the minor child, ZANE THOMPSON, born May 27,2004. 4. Plaintiffs seek custody or partial custody of the following child: Name Present Residence Zane C. Thompson 505 Third Street West Fahview, PA 17025 5. The child was born out of wedlock. 6. The child is presently in the custody of Defendant, Romaine Stansfield, who resides at 505 Third Street, West Fairview, Cumberland County, Pennsylvania 17025. 7. Since birth, the child has resided with the following persons at the following addresses: Name Address Dates Romaine Stansfield 505 Third Street Lexus Marie Stansfield West Fairview, PA 170:25 (Born February 2001 - half sister) Birth to Present Christopher Thompson (Late Father) Birth to 7/6/04 8. The Mother of the child is Romaine Stansfield. She is believed to be single. 9. The Father of the child was Christopher Thompson. 10. The relationship of Plaintiffs to the child is that of Paternal Grandparents. 11. Plaintiffs current reside with the following pt~rsons: None. 12. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Name Address Romaine Stansfield Lexus Marie Stansfield (Born February 2001 - half sister) 505 Third Street West Fairview, PA 17025 13. The Plaintiffs have not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other court. 14. Plaintiffs do 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 this child. 15. The best interest and permanent welfare of the child will be served by granting the Paternal Grandparents, Thomas R. Groome and Cheryl A. Groome, liberal partial custody rights because: A. The child has enjoyed frequent and continuing contact with the Paternal Grandparents since the death of his father in July 2004. Defendant has supported this relationship and has frequently used Plaintiffs as weekend babysitters. B. It is in the best interest of the ch~ld to maintain these relationships. C. In the past, the Defendant Mother has threatened to cut off all contact between the Paternal Grandparents and the subject child and has threatened to move out of state. 16. The Plaintiffs have standing under 23 Pa.C.S.A. ~5313{b) and under 23 Pa. C.S.A. ~5311. 17. The child's parents were never married. 18. The child's father was murdered in July 2004. 19. Subsequent to Father's death, the DefEmdant Mother has facilitated frequent and continuing contact, including periods of partial custody, with the Paternal Grandparents. 20. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. WHEREFORE, the Plaintiffs, Thomas R. Groome and Cheryl A. Groome, request the Court to grant liberal partial custody of the minor child, ZANE C. THOMPSON, to them. Respectfully submitted, JOHNSON, DUFFIE, STEWART & lONER Date: ,,/S/o/ By: i -f~ Mark C. Duffie :238273 VERIFICA TION We, Thomas R. Groome and Cheryl A. Groome, verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of our knowledge, information and belief. We understand that false statements made herein are subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. ......r ~a_~ , C ryl A. Groome Dated: /l"15/~Y Grandmother and Grandfather shall be hereinafter collectively referred to as "Grandparents"; and WHEREAS, Plaintiffs herein filed a Complaint For Custody on November 9, 2004; and WHEREAS, the parties have reached an agreement for a parenting plan which they believe reflects the best interests of the child. NOW THEREFORE, intending to be legally bound, the parties stipulate and agree as follows: 1. Mother shall have legal custody of the Child. She shall, subject to rights conferred upon Grandparents and set forth herein, have the right to make all major non- emergency decisions effecting the child's general well being including, but not limited to, all decisions regarding his health, education, and religion. Grandparents shall have the right to make all emergency and non-emergency medical decisions when the Child is in their care, custody, and control. In the event that any decision as described herein is made, the Grandparents agree to notify Mother immediately. It is the intent of the parties hereto that the Grandparents have the ability to proceed with any medical decision making whether notification to Mother has been affected. The Grandparents agree to use their every and best efforts to immediately notify Mother in the event any medical decisions are made. Grandparents shall also have shared legal custody for the limited purpose of major long-term, life altering medical care or the administration of medication for such purpose. 2. Phvsical Custody. Mother shall have primary physical custody of the Child subject to periods of partial custody in favor of the Grandparents, which are outlined as follows: a. Grandparents shall enjoy partial custody of the minor child every weekend defined as Friday, at 7:00 a.m. until Sunday, at 7:00 p.m. or Saturday, at 7:00 a.m. until Monday, at 7:00 p.m. The parties shall communicate with respect to their schedules to determine which timeframe shall be utilized for each particular weekend. b. The Grandparents' periods of partial custody are subject to occasional weekends wherein the Child shall spend time with Mother. These weekends wherein Mother shall retain custody shall be discussed and determined at the discretion of the parties. It is the intent of the parties that Mother will never have more than two (2) consecutive weekends thereby precluding any custodial time with the Grandparents for that same period. 3. Vacation. 80th Mother and Grandparents shall be entitled to up to six (6) weeks of uninterrupted vacation custodial time with the Child with no more than two (2) consecutive weeks of custodial time being exercised. 80th parties shall give the other advance notice of their intent to exercise periods of vacation/partial custody, as provided herein, as well as, provide the custodial party(s) a destination and contact number should the Child and leave the area. 4. Holidavs. A. Christmas. Christmas shall have two segments, Segment A and Segment 8. Segment A shall be December 24, from 5:00 p.m. until December 25, at 11 :00 a.m. Segment 8 shall be from December 25, at 11 :00 a.m. until December 26, at 9:00 a.m. when the ordinary custodial schedule resumes. Commencing in 2004 and subsequent even numbered years, Mother shall have custody for Segment A and Grandparents shall have custody for Segment B. In 2005 and subsequent odd numbered years, Mother shall have Segment 8 and Grandparents shall hewe Segment A. B. On holidays during even numbered years, the child will be with Mother on News Years Eve, Easter, Independence Day, and Halloween. In odd numbered years, the child will be with Mother on New Years Day, Memorial Day, Labor Day, and Thanksgiving. Birthdays will be celebrated with the party having custody on the ordinary schedule. Mother's Day will be spent with Mother. The holiday schedule supercedes the ordinary schedule. 5. Neither party will relocate a distance of gmater than a thirty (30) minute drive without the consent of the other party. In the event that a change in the custodial schedule is needed by reason of the desired relocation of one party, and in the absence of an agreement of the parties, the relocating party will provide the other party no less than sixty (60) days notice of their intent to relocate. It is the intention of this paragraph to give the parties an opportunity to modify the custodial agreement if one becomes necessary by a desired relocation. 6. The parties intend that this Stipulation be made into an Order of Court. 7. The parties may vary from the Stipulation by their mutual agreement. In the absence of a mutual agreement, the terms of the Stipulation and Order shall control. Witness: 71~~ Mark . Duffie , Witness: M L~A~ Mark C. Duffie / ~ ~J roome ~~e;z~ ~ '~}. "'~k \~ ~~ S~;;;fi~ , :239532 '0,. I, ,.' (7'\ . (' ..~ r l,' (,I" , ' L: ' -- C" " L 'I '.) i:.: . I L...:..J l.i .,',- e) {._'J (".,~ (",- ,_I v ff f'J c3 ~ ~ ~ ~\f) ~()~ -- -. <::J r ,~ . . ~ . '6 ""'" --t::l ~ CLol. THOMAS R. GROOME and CHERYL A. GROOME, Plaintiffs/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5644 CIVIL TERM v. CIVIL ACTION - LAW ROMAINE STANSFIELD, IN CUSTODY Defendant/Respondent EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1915.13 PETITIONERS, Thomas R. Groome and Cheryl A. Groome, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, hereby 1me this Emergency Petition For Special Relief and in support thereof, avers as follows: 1. Petitioners, Thomas R. Groome and Cheryl A. Groome, husband and wife, reside at 1824 Newport Road, Duncannon, Perry County" Pennsylvania 17020. 2. Respondent, Romaine Stansfield, resided at 505 Third Street, West Fairview, Cumberland County, Pennsylvania 17025, until her recent incarceration in Cumberland County Prison. 3. The Respondent, Romaine Stansfield, is the biological mother of a minor child, Zane Thompson, born May 27,2004. 4. The natural father of the minor child was Christopher Thompson, is deceased. 5. The Petitioners are the paternal grandparents of the same minor child. 6. On November 9, 2004, the Petitioners filed a Complaint for Custody wherein they requested liberal partial custody of the minor child, Zane Thompson. A true and correct copy of said Complaint is attached hereto and incorporated herein as Exhibit "A". 7 . By Stipulation by and among the parties hereto, the Petitioners were conferred partial custody according to the terms and conditions contained therein. Said Stipulation was entered and incorporated as an Order of Court dated December 17, 2004. A true and correct copy of said Stipulation and Order is attached hereto and incorporated herein as Exhibit "B". 8. The minor child is currently in the care, custody and control of the Petitioners as mother has been recently incarcerated for a number of probation violations and other charges, which may include and may not be limited to the following: (a) driving under the influence of alcohol; (b) driving under a suspended license; (c) driving an unregistered uninsured vehicle; (d) utilizing illegal drugs during her term of probation; and (e) forgery. 9. Counsel for the undersigned has attempted to contact Respondent's probation officer, Tiffany Ryan, in Cumberland County but has been unable, to date, to ascertain the precise nature of these charges. 10. The Petitioners have contacted Children and Youth Services in Cumberland County and indicated that they, as they paternal grandparents, have had a frequent and continuing relationship involving signifiGant custodial time, overnight custodial visits, as well as the current Order entered by Stipulation which is attached hereto as Exhibit "S". 11. Children and Youth Services of Cumberland County directed Petitioners to consult with counsel and file an Emergency Petition fOIr Special Relief in lieu of their proceeding with a dependency hearing for this child. Respondent has indicated to Cumberland County Children & Youth Services that it is her desire that the minor child be placed in the care, custody and control of Petitioners. 12. The best interest and permanent welfare of the child will be served by confirming the status quo of physical custody in the Pe!titioners during Respondent's incarceration due to the following: (a) The Petitioners have participated in raising this child, as they have enjoyed frequent and continuing contact on an overnight basis and said relationship has been memorialized by the Stipulation of the parties hereto and the incorporating Order. (b) The Petitioners currently enjoy a partial shared legal custody arrangement with Respondent as they have participated in decision making with respect to the said child who has extraordinary medical needs and have assisted in obtaining medical care for the child. (c) The Petitioners have prepared for some time and are currently prepared to accept the role of sole physical and legal custodians of the minor child. WHEREFORE, the Petitioners, Thomas R. Groome and Cheryl A. Groome request the Court to grant them sole physical and legal custody of the minor child, Zane Thompson, subject to the following: Petitioners shall have the right to make all decisions attendant to legal custody including, but not limited to, medical decisions. In the event that any decision, medical or otherwise, is made, the Petitioners agree to use all best efforts to notify Respondent immediately. With respect to major long term, life-altering medical care or the administration of medication for such purposes, the parties shall share equally in that decision making process. At such time as the Respondent is released from incarceration and files a Petition to Modify this Order, a conciliation conference will promptly be scheduled . Respectfully submitted, Johnson, Duffie, Stewart & Weidner Date: 1:2-'::';-0'1 VERIFICATION We, Thomas R. Groome and Cheryl A. Groome, verify that the statements made in the foregoing Emergency Petition for Special Relief are true and correct to the best of our knowledge, information and belief. We understand that false statements made herein are subject to the penalties of 18 Pa. e.s. ~4904 relating to unsworn falsification to authorities. _.~/I It! -jAnrl'" f"" Thomas R. Grao e /'~7~p~ . Groome DATE: i~-d.I-O<1 :241446 CERTIFICA TE OF SERVICE AND NO~ this 21st day of December, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Romaine Stansfield Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER BY:~ Deborah Zie, n / :241456 Exhibit A . 1....., . Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERU~ND COUNTY, PENNSYLVANIA NO. CY-l-SI-44 C;(J,L~~ CIVIL ACTION - LAW THOMAS R. GROOME and CHERYL A. GROOME, v. ROMAINE STANSFIELD, IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of , 2004, it is hereby directed that the parties and their respective counsel appear before the Conciliator, at on the day of , 2004 at _.m. for a Custody Conciliation Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to dlefine and narrow the issues to be heard by the court, and to enter a temporary ordler. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to fUlrnish 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: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 Associcltion 32 South Bedford Street Carlisle, Pennsylvania 1701 ~~ Telephone (717) 249-3166 Dist: Mark C. Duffie, Esquire, PO Box 109, Lemoyne. PA 17043 Romaine Stansfield, 505 Third Street, West Fairview, PA 17025 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiffs THOMASR.GROOMEa~ CHERYL A. GROOME, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. Defendant I':., '." ~ 0 S~ -n ->'IlII' ........ ...'...,,- r- (;:".> f'l -11-d .....,.; r"n ::::; I , C~ . .. ::,.-:. ~ ~-~ "', ::;;=;.; =, -,....~. :;---! "''"'1"... I I.D v. (j CIVIL ACTION - LAW;:; -", ' ROMAINE STANSFIELD, IN CUSTODY i 7, =: N :::-\ -.::., en (J'l COMPLAINT FOR CUSTODY 1. Plaintiffs, Thomas R. Groome and Cheryl A. Groome, husband and wife, reside at 1824 Newport Road, Duncannon, Perry County, Pennsylvania 17020. 2. Defendant, Romaine Stansfield, resides at 505 Third Street, West Fairview, Cumberland County, Pennsylvania 17025. 3. The Defendant, Romaine Stansfield, is the biological mother of the minor child, ZANE THOMPSON, born May 27,2004. 4. Plaintiffs seek custody or partial custody of the following child: Name Present F~esidence Zane C. Thompson 505 Third Street West Fairview, PA 17025 5. The child was born out of wedlock. 6. The child is presently in the custody of Defendant, Romaine Stansfield, who resides at 505 Third Street, West Fairview, Cumberland County, Pennsylvania 17025. 7. Since birth, the child has resided with the following persons at the following addresses: Name Address Dates Romaine Stansfield 505 Third Street Lexus Marie Stansfield West Fairview, PA 17025 (Born February 2001 - half sister) Birth to Present Christopher Thompson (Late Father) Birth to 7/6/04 8. The Mother of the child is Romaine Stansfield. She is believed to be single. 9. The Father of the child was Christopher Thompson. 10. The relationship of Plaintiffs to the child is that of Paternal Grandparents. 11. Plaintiffs current reside with the following pE!rSons: None. 12. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Name Address Romaine Stansfield Lexus Marie Stansfield (Born February 2001 - half sister) 505 Third Street West Fairview, PA 17025 13. The Plaintiffs have not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the c:hild in this or any other court. 14. Plaintiffs do 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 this child. 15. The best interest and permanent welfare of the child will be served by granting the Paternal Grandparents, Thomas R. Groome and Cheryl A. Groome, liberal partial custody rights because: A. The child has enjoyed frequent and Gontinuing contact with the Paternal Grandparents since the death of his father in July 2004. Defendant has supported this relationship and has frequently used Plaintiffs as weekend babysitters. B. It is in the best interest of the child to maintain these relationships. C. In the past, the Defendant Mother has threatened to cut off all contact between the Paternal Grandparents and the subject child and has threatened to move out of state. 16. The Plaintiffs have standing under 23 Pa.C.S.A. ~5313(b) and under 23 Pa. C.S.A. ~5311. 17. The child's parents were never married. 18. The child's father was murdered in July 2004. 19. Subsequent to Father's death, the Defemdant Mother has facilitated frequent and continuing contact, including periods of partial custody, with the Paternal Grandparents. 20. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has; been named as a party to this action. WHEREFORE, the Plaintiffs, Thomas R. Groome and Cheryl A. Groome, request the Court to grant liberal partial custody of the minor child, ZANE C. THOMF'SON, to them. Respectfully submitted, JOHNSON, DUFFIE, STEWART & lONER Date: II /__0,/0 / By: ~ J~ Mark C. Duffie :238273 VERIFICA T/ON We, Thomas R. Groome and Cheryl A. Groome. verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of our knowledge, information and belief. We understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. ~.rrn~/ Thomas ...r ~ajA~ . C ryl A. Groome Dated: d[S/o-y Exhibit B DEf'b ;i '~,; \,V _L ){)04i' THOMAS R. GROOME and CHERYL A. GROOME, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERU\ND COUNTY, PENNSYLVANIA NO. 04- ~~'-ILf {JuL'L~?/L0f CIVIL ACTION - LAW v. ROMAINE STANSFIELD, IN CUSTODY Defendant ORDER OF COURT AND NOW, this /'7-11..aay of ~~C , 2004, upon agreement of the above-captioned parties, the attached Stipulation For Custody is hereby made into an Order of Court effective immediately. By:NN)o~!y{J~J- Dist: Mark C. Duffie, Esquire. PO Box 109. Lemoyne. PA 17043 Romaine Stansfield, 505 Third Street, West Fairview, PA 17025 rt:,U:EC{:r~~{ ,': \),i \', Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs (':" f-~') ~,'~,7.:~ -'I ;j, - -.. ~\ , ,- , ~ ; \,,''') :' I "',",,' I . ,< i, ~ - -" , ,,\ l (,.,) Plaintiffs '~- -1 IN THE COURT OF COMMON PLfAS of CUMBERLAND COUNTY, PENNSYLVANIA NO. THOMAS R. GROOME and CHERYL A. GROOME, v. CIVIL ACTION - LAW ROMAINE STANSFIELD, IN CUSTODY Defendant STIPULATION FOR CUSTODY WHEREAS, Defendant, Romaine Stansfield (hereinafter "Mother"), is the biological mother of a minor child, Zane Thompson, born May 27, 2004 (hereinafter "Child"); and WHEREAS, the natural father of the minor child, Christopher Thompson, passed away on July 6, 2004; and WHEREAS, the Plaintiff, Cheryl A. Groome, is the paternal grandmother of the minor child (hereinafter "Grandmother"); and WHEREAS, the Plaintiff, Thomas R. Groome, the husband of Cheryl A. Groom, is the paternal step-grandfather of the minor child (hereinafter "Grandfather") Grandmother and Grandfather shall be hereinafter collectively referred to as "Grandparents"; and WHEREAS, Plaintiffs herein filed a Complaint For Custody on November 9, 2004; and WHEREAS, the parties have reached an agreement for a parenting plan which they believe reflects the best interests of the child. NOW THEREFORE, intending to be legally bound, the parties stipulate and agree as follows: 1. Mother shall have legal custody of the Child. She shall, subject to rights conferred upon Grandparents and set forth herein, have the right to make all major non- emergency decisions effecting the child's general well being including, but not limited to, all decisions regarding his health, education, and religion. Grandparents shall have the right to make all emergency and non-emergency medical decisions when the Child is in their care, custody, and control. In the event that any decision as described herein is made, the Grandparents agree to notify Mother immediately. It is the intent of the parties hereto that the Grandparents have the ability to proceed with any medical decision making whether notification to Mother has been affected. The Grandparents agree to use their every and best efforts to immediately notify Mother in the event any medical decisions are made.. Grandparents shall also have shared legal custody for the limited purpose of major long-term, life altering medical care or the administration of medication for such purpose. 2. Physical Custody. Mother shall have primary physical custody of the Child subject to periods of partial custody in favor of the Grandparents, which are outlined as follows: a. Grandparents shall enjoy partial custody of the minor child every weekend defined as Friday, at 7:00 a.m. until Sunday, at 7:00 p.m. or Saturday, at 7:00 a.m. until Monday, at 7:00 p.m. The parties shall communicate with respect to their schedules to determine which timeframe shall be utilized for each particular weekend. b. The Grandparents' periods of partial custody are subject to occasional weekends wherein the Child shall spend time with Mother. These weekends wherein Mother shall retain custody shall be discussed and determined at the discretion of the parties. It is the intent of the parties that Mother will never have more than two (2) consecutive weekends thereby precluding any custodial time with the Grandparents for that same period. 3. Vacation. Both Mother and Grandparents shall be entitled to up to six (6) weeks of uninterrupted vacation custodial time with the Child with no more than two (2) consecutive weeks of custodial time being exercised. Both parties shall give the other advance notice of their intent to exercise periods of vacation/partial custody, as provided herein, as well as, provide the custodial party(s) a destination and contact number should the Child and leave the area. 4. Holidays. A. Christmas. Christmas shall have two segments, Segment A and Segment B. Segment A shall be December 24, from 5:00 p.m. until December 25, at 11 :00 a.m. Segment B shall be from December 25, at 11 :00 a.m. until December 26, at 9:00 a.m. when the ordinary custodial schedule resumes. CommenGing in 2004 and subsequent even numbered years, Mother shall have custody for Segment A and Grandparents shall have custody for Segment B. In 2005 and subsequent odd numbered years, Mother shall have Segment B and Grandparents shall have Segment A. B. On holidays during even numbered years, ithe child will be with Mother on News Years Eve, Easter, Independence Day, and Halloween. In odd numbered years, the child will be with Mother on New Years Day, MHmorial Day, Labor Day, and Thanksgiving. Birthdays will be celebrated with the party having custody on the ordinary schedule. Mother's Day will be spent with Mother. The holiday schedule supercedes the ordinary schedule. 5. Neither party will relocate a distance of grE~ater than a thirty (30) minute drive without the consent of the other party. In the event that a change in the custodial schedule is needed by reason of the desired relocation of one party, and in the absence of an agreement of the parties, the relocating party will provide the other party no less than sixty (60) days notice of their intent to relocate. It is the intention of this paragraph to give the parties an opportunity to modify the custodial agreement if one becomes necessary by a desired relocation. 6. The parties intend .that this Stipulation be made into an Order of Court. 7. The parties may vary from the Stipulation by their mutual agreement. In the absence of a mutual agreement, the terms of the Stipulation and Order shall control. Witness: 71~~ Mark . Duffie .. Witness: ?UU~ Mark C. Duffie !Ii ~1 roome Witness: ?fjl~ :239532 ~IW'V L ~ ~ ~. ~. Y\. J .kt~ <-ROmaine StansfieKr \) Plaintiffs/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5644 CIVIL TERM CIVIL ACTION - LAW THOMAS R. GROOME and CHERYL A. GROOME, v. ROMAINE STANSFIELD, IN CUSTODY Defendant/Respondent MOTION FOR RECONSIDERA TION OF EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1915.13 MOV ANTS (hereinafter "Petitioners"), Thomas R. Groome and Cheryl A. Groome, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, hereby file this Motion For Reconsideration of Emergency Petition For Special Relief and in support thereof, avers as follows: 1. On December 21, 2004, the undersigned, by and through their counsel, filed an Emergency Petition For Special Relief Pursuant to Pa.R.C.P. 1915.13. A true and correct copy of said Petition For Special Relief is attached hereto and incorporated herein as Exhibit "A". 2. The Petitioners have recently become privy to other facts and circumstances involving Respondent and the minor child, Zane Thompson. 3. As a result, the Petitioners will supplement the provisions of the Emergency Petition For Special Relief and paragraph 12 with respect to the best interest and permanent welfare of the minor child as follows: (d) Until her most recent incarceration, the Respondent was actively using and dealing crack cocaine and heroine. The Respondent has also regularly abused Oxycontin, Vicadan, Xanax and other sleeping medication. The Respondent has admitted this to her parole officer, Lisa Finkenbinder. (e) While supervising the minor child, she has utilized the drugs on a regular basis causing her to be unable to properly supervise the minor child and is compromising the minor child's safety and welfare. (f) Due to her drug dependency, she has remained in bed until late in the afternoon leaving the minor child unsupervised. (g) The Respondent has failed to provide the minor child with the proper health care and has fallen behind on the minor child's checkups, specifically shots and immunizations. Due to the fact that the minor child was a premature baby, this failure to provide proper medical care and treatment is of special concern with respect to this minor child. (h) The Respondent is unemployed and receives her only income from SSI, which is earmarked for the care of the minor child. The Respondent utilizes the SSI checks to purchase drugs for consumption and sale. (i) Individuals with whom the Respondent has been associated have caused the Respondent physical harm and have broken into Respondent's residence and stolen property due to the fact that the Respondent owed them money for drugs that were otherwise purchased and utilized by Respondent. (j) The Respondent drives an unregistered and uninsured vehicle on a suspended license and without properly secured car seats. (k) The Respondent has failed to seek any treatment with respect to her drug abuse and dependency. (I) Respondent may loose her HUD I Section 8 assistance and her residence and, therefore, be unable to provide appropriate shelter for the minor child. Respondent's landlord has begun eviction proceedings. (m) To allow the child to be returned to the care and custody of Respondent without treatment for her drug dependency would place the child in a dangerous environment and possibly one without adequate shelter. 4. This Honorable Court issued a Temporary Order of Court dated December 21,2004. A true and correct copy of said Temporary Order of Court is attached hereto and incorporated herein as Exhibit liB". 5. Said Temporary Order of Court provides that it shall remain in effect until such time as the Respondent is released from incarceration, at which time the Order shall terminate. WHEREFORE, Petitioners, Thomas R. Groome and Cheryl A. Groome, respectfully request that this Honorable Court reconsider the Petition For Special Relief and modify the Temporary Order of Court providing that it shall remain in effect until such time as the Respondent petitions for modification. In the alternative, Petitioners, request this Honorable Court to modify the existing Temporary Order of Court to allow the effective date to extend through the date of a conciliation to be scheduled immediately upon Respondent's release from incarceration by Petitioners. In the alternative, Petitioners request this Honorable Court to modify the existing Temporary Order of Court by the issuance of a Rule to Show Cause upon the Respondent as to why the Temporary Order of Court should not remain in effect until such time as Respondent petitions for modification. In the alternative, Petitioners request this Honorable Court to direct this matter to the appropriate custody conciliator and further direct that it be heard on January 18, 2005, if possible, conciliator's schedule permitting. Date: Respectfully submitted, Johnson, Duffie, Stewart & Weidner -, .'i' ,_ _ l# _ By: ~-/l: /1 AI)/ ;lark c. ~~qUire VERIFICATION We, Thomas R. Groome and Cheryl A. Groome, verify that the statements made in the foregoing Petition are true and correct to the best of our knowledge, information and belief. We understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to au orities. ~#1~ Thomas R. Groome (}. Cheryl DATE: !- 7- C>S :241446 r\(:-'\~r~.:~jt .! . '-;:,.\'il8 ., ,'" . ! I (It;' 0 I llHr l"(1"'] If..:J .. I ~oi' i'r 11 JlJJ(, . ;;i" IC" ," :,: I"':'. :..1 ='1' 11 ..)0 At.l!1. ;,'\.....': I.".... ',.,.1 --:1 -l J:~~::~~.:{() '{jJ1IJ THOMAS R. GROOME and CHERYL A. GROOME, Plaintiffs v. ROMAINE STANSFIELD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5644 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of January, 2005, upon consideration of Defendant's Motion for Reconsideration of Emergency Petition for Special Relief Pursuant to Pa. R.C.P. 1915.\3, this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral so that a conciliation conference can be held, if possible, on or before January 18, 2005. IT IS NOTED that Defendant is presently incarcerated. kk C. Duffie, Esq. Attorney for Plaintiffs ~aine Stansfield 505 Third Street West Fairview, PA 17025 Defendant, pro se and ~mberland County Prison BY THE COURT, ~ I > Cumberland County Court Administrator - -tuU1! d"'b/uo.:zA.4c'v '/,I(IJS JLz., /c nj(f) Gro-uTn6 01-1\-0.:5 '1) 07.n! j!J ".)~ r~1~Jr SDDZ THOMAS R. GROOME AND CHERYL A. GROOME IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-5644 CIVIL ACTION LAW ROMAINE ST ANSFlELD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 11, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Tnesday, January 18, 2005 , the conciliator, at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an eff0l1 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 may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to t'urnish any and all existing Protection t'rom Abuse orders, Special Reliet' orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin\(. FOR THE COURT, By: Isl 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] 990. For infonnation 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 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 4t-r"~$:v ;Z ~- ~ .Ji'2 PC / . ~ ;/Z ~P11(, '~y~ 5G7 [j / ~ ;ft"p ~- ~ 1"17 R? f) / 2:2 :21 -. f'1'f C'u"P (. I \;~; ...; '" IJ :lC 'V JAN 2 4. lOUr THOMAS R. GROOME AND CHERYL A. GROOME Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-5644 CIVIL ACTION LAW ROMAINE STANSFIELD Defendant IN CUSTODY ORDER OF COURT rL 2.66~- AND NOW, this Z5 day of 12.77uu ~' , ~ upon consideration of the attached Custody Conciliation Report, it is orered and dIrected as follows: 1. The prior Order of this Court dated December 21,2004 shall continue in effect with the exception of Paragraph 3 (addressing arrangements upon the Mother's release from incarceration), which is modified by this Order. 2. Upon the Mother's release from incarceration, the Moth(:r shall contact the custody conciliator to schedule a custody conciliation conference to be held approximately 30 days following the Mother's date of release. 3. During the 30 day period following the Mother's release and prior to the conciliation conference, the Mother shall have partial physical custody of the Child on Mondays, Wednesdays and Fridays from 7:00 a.m. until 5:00 p.m., for which the plaintiffs shall provide transportation at the beginning of the periods of custody and the Mother shall arrange ~ar transportation of the Child back to the plaintiffs at the end of the periods of custody. The Mother shall contact the plaintiffs upon her release from incarceration to initiate this temporary partial custody schedule and the plaintiffs shall cooperate in implementing the schedule promptly. 4. The Mother shall enroll in the parenting program with ParentWorks and in a drug and alcohol program at Holy Spirit Hospital or comparable programs. The Mother shall authorize the release of information concerning the Mother's attendance at program sessions and compliance with program recommendations to the plaintiffs' counsel and shall facilitate transfer of that information on an ongoing basis. ! 0:8 Wd en !"Hf cnn7 .)v i;f/ .Jl:U... AdV.LC:<OHifJUd 3:-1.1 .:iO 3JH:~O.-Q:;iL:1 - 5. 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, fif!of cc:Avrark C. Duffie, Esquire - Counsel for Plaintiffs ,..-Komaine Stansfield, Mother U. 6'fF o.Od reS5es ) Cf-'home./ J-pr\50t-.l) \! THOMAS R. GROOME AND CHERYL GROOME Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-5644 CIVIL ACTION LAW ROMAINE STANSFIELD Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Zane Thompson May 27,2004 Plaintiff Paternal Grandparents 2. A custody conciliation conference was held on January 18, 2005, with the following individuals in attendance: The Paternal Grandparents, Thomas R. Groome and Cheryl A. Groome, with their counsel, Mark C. Duffie, Esquire. The Mother, Romaine Stansfield, is currently incarcerated in the Cumberland County Prison and participated in the conference by telephone. The Mother is not represented by counsel in this matter. 3. The plaintiffs, who are the parents of the deceased Father filed a Complaint for Custody on November 9, 2004. The parties entered into a stipulation, which was incorporated into a Court Order dated December 17, 2004, providing that the Mother had primary physical custody of the Child, the plaintiffs had partial custody of the Child every weekend and the parties had shared legal custody. Following the Mother's incarceration, the plaintiffs filed an Emergency Petition on December 21,2004 seeking primary custody of the Child. A temporary Order was entered on December 21, 2004 granting the plaintiffs primary and legal custody until such time as the Mother was released from incarceration, at which time the custody arrangements would revert back to the stipulated arrangements incorporated by the December 17, 2004 Order. Subsequently, the plaintiffs filed a Motion for Reconsideration of Emergency Petition on January 10, 2005 and the Court entered an Order dated January 10, 2005 referring this matter to conciliation to be held on or before January 18, 2005, the Mother's anticipated date of release from incarceration. As the Mother was not yet released from prison on the date of the conciliation conference and the release date was still to be determined, the conciliation conference was held with the Mother participating by telephone. 4. The parties agreed to entry of an Order in the form as attached. Jeulucu1 Date de door:; I rCk,~oJ c Dawn S. Sunday, Esquire (~ Custody Conciliator y THOMAS R. GROOME AND CHERYL A. GROOME Plaintiff MAR 0 4 2DlJ~f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-5644 CNIL ACTION LAW ROMAINE STANSFIELD Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~_ day of YL1 V I' L, , 2005, consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The prior Order of this Court dated January 25,2005 is vacated and replaced with this Order. 2. The prior Order of this Court dated December 21,2004 shall continue in effect with the exception of Paragraph 3 which is modified by this Order. 3. At such time as the Mother is released from incarceration and wishes to assert any custody rights she may have with respect to the Child, the Mother may file a request with the Court for the scheduling of an additional custody conciliation conference. BY THE COURT, cc: ...Mark C. Duffie, Esquire - Counsel for Plaintiff Paternal Grandparents ....-Romaine Stansfield, Mother t"? ~\~ /' r:/) ~'D~- If') (fl ("'') ~:c -- en I C~;:,: '$~.":. 1<1 ",1:'- \...<,"';' . ",~ t'.. ...:::.',:\ -~ D c:::.) U ,-~ - MAR 0 4 2nn5~r" THOMAS R. GROOME AND CHERYL A. GROOME Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-5644 CIVIL ACTION LA W ROMAINE STANSFIELD Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. 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 CURRENTLY IN CUSTODY OF Zane Thompson August 27,2004 Plaintiff Paternal Grandparents 2. A conciliation conference was held on March 1, 2005, with the following individuals participating: The Paternal Grandmother, Cheryl A. Groome, with her counsel, Mark C. Duffie, Esquire. The Mother, Romaine Stansfield, was incarcerated at the time of the conference and did not attend or contact the conciliator. 3. The plaintiffs, who are the parents of the deceased Father filed a Complaint for Custody on November 9, 2004. The parties entered into a stipulation, which was incorporated into a Court Order dated December 17, 2004 providing that the Mother had primary physical custody of the Child, the plaintiffs had partial custody of the Child every weekend and the parties had shared legal custody. Following the Mother's incarceration, the plaintiffs filed an Emergency Petition on December 21, 2004 seeking primary custody of the Child. A temporary Order was entered on December 21,2004 granting the plaintiff's primary and legal custody until such time as the Mother was released from incarceration, at which time the custody arrangements would revert back to the stipulated arrangements incorporated by the December 17, 2004 Order. The plaintiffs filed a Motion for Reconsideration of Emergency Petition on January 10, 2005 and the Court entered an Order dated January 10, 2005 referring this matter to conciliation to be held on or before January 18, the Mother's anticipated release date. As the .' Mother was not yet released from prison on the date of the initial conciliation, the conference was held with the Mother participating by telephone, The Order which was entered by agreement following the January 18 conference, provided for the Paternal Grandparents to retain primary custody of the Child with the Mother having periods of custody on Mondays, Wednesdays and Fridays for a 3D-day period following the Mother's release from prison and until an additional conciliation conference could be held on March 1,2005. 4. At the time of the March I, 2005 conference, the conciliator was advised by the Paternal Grandmother and her counsel that the Mother had been re-incarcerated for a parole violation. It was also the understanding that the Mother was going to be charged with felony burglary which was likely to extend her incarceration considerably. 5. The Paternal Grandmother's counsel indicated that the Mother had not responded to his request for authorization to obtain attendance records for the Mother's counseling as required by the prior Order. In addition, the Paternal Grandmother stated that although the Mother did obtain a job and get on the waiting list with ParentWorks, it was not long before the Mother stopped going to work regularly and lapsed back into drug related behaviors. 6. Based on the representations made by the plaintiff paternal grandmother and her counsel during the conference and the fact that the Mother did not participate or contact the conciliator, the conciliator recommends an Order in the form as attached. ~ch Date ;) )cD'} I 6 ~ (~?~~l'Sr Dawn S. Sunday, Esquire Custody Conciliator