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HomeMy WebLinkAbout02-1161NMJEFFREY D. BRUINSMA and, SYLVIA M. BRUINSMA, JOHN P. O'NEILL and BARBARA O'NEILL Plaintiffs/Petitioners V. ASPEN M. BRUINSMA, Defendant /Respondent MICHAEL J. O'NEILL, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C= _ CIVIL ACTION - LAW :Z1 rn r=• d NO. 2002-1161 CIVIL TERW -r. -- -' , CA x, IN CUSTODY PETITION FOR CONTEMPT OF COURT OF CUSTODY ORDER OF APRIL 14, 2004 AND NOW, this day of August, 2011, comes the Petitioner/Defendant Aspen M. Bruinsma, now known as Aspen M. Eaton, by and through her attorney, Joanne Harrison Clough, Esquire, and respectfully files this Petition for Contempt of Court of Custody Order of April 14, 2004 and in support thereof avers as follows: I . Petitioner/Defendant Aspen M. Bruinsma, now known as Aspen M. Eaton, is the natural Mother of the minor child Dylan Joseph Bruinsma born July 6. 2001. She is currently married to Don Eaton and resides at 125 South Main Street, Spring Grove, York County, PA 17362. 2. Respondent/Defendant Michael J. O'Neill is the natural Father of the minor child and is residing in 443 North 2nd Street, Wormleysburg, Cumberland County, PA 17043. 3. Respondents Jeffrey D. Bruinsma and Sylvia M. Bruinsma, are the maternal grandparents of the minor child, Dylan O'Neill and the parents of Petitioner Aspen M. Eaton and they reside at 28 North York Road, Dillsburg, York County, PA 17019. 4. The Respondent/ Plaintiff John P. O'Neil is the paternal grandfather of the minor child and is currently residing at 206 Herman Avenue, Lemoyne, Cumberland County, PA 17043. e 2, 5. Respondent/Plaintiff Barbara O'Neill is the paternal grandmother of the minor child and is currently residing at 895 Lewisberry Road, Lewisberry, PA 17339. 6. On April 14, 2004 a Custody Order was entered granting the Respondent/maternal grandparents Jeffrey D. Bruinsma and Sylvia M. Bruinsma and Respondent/paternal grandparents John P. O'Neill and Barbara O'Neill, shared physical custody of the minor child on a week on/week off basis. The Order granted shared legal custody to all of the parties in this action. A true and correct copy of said Order is attached hereto, made part of and incorporated by reference as Petitioner's Exhibit No. 1. 7. The April 14, 2004 Court Order granted Petitioner Mother was granted temporary physical custody of the child every other weekend from Friday at 6:00 p.m. to Sunday at 7:00 p.m. and Mother's Day and other alternating major holidays. 8. The past three years the maternal grandparents have not been alternating physical custody of the child on week on/ week off basis with the paternal grandparents and the minor child has resided in the de facto physical custody of the maternal grandparents on a weekly basis for the past approximate three years. 9. Since approximately November of 2010, Respondent/maternal grandparents have refused to permit Petitioner Mother to have her alternating weekends of physical custody in direct violation of the April 14, 2004 Custody Order. 10. Respondent/maternal grandparents have repeatedly refused to permit Petitioner Mother to have any unsupervised access to the child and have repeatedly refused to permit her to take the child for her periods of custody in direct violation of the April 14, 2004 Custody Order and the maternal grandparents have only permitted the child to spend one overnight with Petitioner Mother since November of 2010. 11. Respondent/Maternal grandparents' behavior is in direct violation of the April 14, 2004 Court Order and Petitioner Mother has lost approximately 18 weekends of alternate physical custody with her minor son. 12. It is contrary to the best interest and permanent welfare of the minor child that the maternal grandparents have refused to allow the Court Order and have denied the minor child and Petitioner Mother to not spend significant periods of time the physical custody together in direct violation of the April 14, 2004 Custody Order. 13. As a direct result of Respondent/maternal grandparents' repeated violation of the Court Order of April 14, 2004 and their refusal to permit Petitioner to exercise her periods of partial custody with the minor child, Petitioner Mother has incurred counsel fees, costs and expenses in an effort to enforce her rights under the April 14, 2004 Court Order and it is believed will continue to incur counsel fees, costs and expenses in an amount in excess of $1,000.00 and claim is made therefore. 14. Respondents Jeffrey D. Bruinsma and Sylvia M. Bruinsma acted unilaterally in direct violation of the April 14, 2004 Custody Order and illegally denied Petitioner Mother her periods of physical custody with the child and failed to file any Petition with the Court requesting a modification and instead acted without Court authority and improperly denied Petitioner Mother her legal right to exercise her periods of partial physical custody. 15. The minor child has suffered as a direct result of the Respondent maternal grandparents' refusal to permit him to spend the periods of time as set forth in the April 14, 2004 Court Order with his Mother. 16. Respondent maternal grandparents have failed to provide information to Petitioner Mother about the minor child's counseling and other medical appointments in direct violation of the shared legal custody provisions of the April 14, 2004 Custody Order. WHEREFORE, Petitioner Mother respectfully requests this Court, after hearing, find Respondents Jeffrey D. Bruinsma and Sylvia M. Bruinsma in violation of the April 14, 2004 Court Order and hold them in Contempt of Court and grant any and all relief including but not limited to the following: a. Grant Petitioner Mother make up periods of partial physical custody of at least 18 weekends for all of the missed alternating weekend custody with the minor child; and b. Direct Respondents Jeffrey D. Bruinsma and Sylvia M. Bruinsma to reimburse Petitioner Mother for all of the reasonable counsel fees, costs and expenses she incurred for the cost of filing and pursuing the Petition for Contempt; and c. Grant Petitioner full access to all medical, psychological and other records for the minor child, and d. Grant any further relief this Court deems appropriate. Dated: O S Respectfully Submitted, JOANNE HARRISON CLOUGH, PC JOanneYlArrison Clough, Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Petitioner JEFFREY D. BRUINSMA and SYLVIA M. BRUINSMA, JOHN P. O'NEILL and BARBARA O'NEILL, Plaintiffs / Petitioners VS. ASPEN M. BRUINSMA, Defendant / Respondent MICHAEL J. O'NEILL, Defendant ! Petitioner ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-1161 CIVIL TERM IN CUSTODY AND NOW, this day of APRIL 2004, upon the stipulation of the parties attached hereto, we hereby vacate all prior orders of court in this matter and replace them with this order: 1. The Father, Michael J. O'Neill and the Mother, Aspen M. Bruinsma, the maternal grandparents, Jeffrey D. Bruinsma and Sylvia Bruinsma, and the paternal grandparents, John P. O'Neill and Barbara O'Neill shall have shared legal custody of Dylan Joseph Bruinsma, born July 6, 2001. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The maternal grandparents, Jeffrey D. Bruinsma and Sylvia M. Bruinsma, and the paternal grandparents, John P. O'Neill and Barbara O'Neill, shall share physical custody of the child on an equal, week-to-week basis. The exchange day and time shall be Fridays at 6:00 p.m. 3. The mother of the child, Aspen M. Bruinsma, shall have temporary custody of the child every other weekend, from Friday at 6:00 p.m. until Sunday at 7:00 p.m. In addition, the mother shall have temporary custody on Mother's Day and, on an alternating basis with the other parties, major holidays. The precise times and dates of such periods of temporary custody shall be arranged by mutual agreement of all parties. 4. The father of the child, Michael J. O'Neill, shall have such periods of temporary custody as may be determined by the mutual agreement of himself and either set of grandparents. 5. No party shall remove the Child from the jurisdiction without prior notification of all the other parties. The removing party shall provide the address and a telephone number to all parties. All parties must notify the other parties in the event of an address change. 6. The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the child and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, all parties shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 7. Transportation shall be shared such that the receiving party shall transport the Child. 8. No party may consume alcohol to the point of intoxication while the Child is in their care and custody. 9. 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. /y BY THE COURT, JEFFREY D. BRUINSMA and SYLVIA M. BRUINSMA, JOHN P. O'NEILL and BARBARA O'NEILL, Plaintiffs / Petitioners VS. ASPEN M. BRUINSMA, Defendant / Respondent MICHAEL J. O'NEILL, Defendant / Petitioner STIPULATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-1161 CIVIL TERM IN CUSTODY AND NOW come the above-named parties and stipulate and agree that the court should enter the attached order to resolve the matters currently scheduled to be heard by the court on April 19, 2004. Bruinsma M. Br ns Syl M. Bruinsma Michael J. O;fQeill ohn eill A n i ?yl ? /yC! O1J, Barbara O'Neill VERIFICATION I, Aspen M. Eaton, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: 7 c F8 oda) l '/'? , ?P) /" spen . Eaton CERTIFICATE OF SERVICE I, Connie Lee Limric, Secretary to, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: Jeffrey and Sylvia Bruinsma 28 North York Road Dillsburg, PA 17019. Michael J. O'Neill 443 North 2nd Street Wormleysburg, PA 17043 John P. O'Neill 206 Herman Avenue Lemoyne, PA 17043 Barbara O'Neill 895 Lewisberry Road Lewisberry, PA 17339 Date: Joanne Harrison Clough, Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Petitioner JEFFREY D. BRUINSMA and, SYLVIA M. BRUINSMA, JOHN P. O'NEILL and BARBARA O'NEILL Plaintiffs/Petitioners V. ASPEN M. BRUINSMA, Defendant /Respondent MICHAEL J. O'NEILL, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-1161 CIVIL TERM : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, this day of August, 2011, comes Petitioner, Aspen M. Bruinsma, now known as Aspen M. Eaton, by and through her attorney, Joanne Harrison Clough, Esquire, and respectfully files this Petition to Modify Custody and, in support thereof, avers as follows: 1. Petitioner/Defendant Aspen M. Bruinsma, now known as Aspen M. Eaton, is the natural Mother of the minor child Dylan Joseph Bruinsma born July 6. 2001. She is currently married to Don Eaton and resides at 125 South Main Street, Spring Grove, York County, PA 17362. 2. Respondent/Defendant Michael J. O'Neill is the natural Father of the minor child and is residing in 443 North 2nd Street, Wormleysburg, Cumberland County, PA 17043. 3. Respondents Jeffrey D. Bruinsma and Sylvia M. Bruinsma, are the maternal grandparents of the minor child, Dylan O'Neill and the parents of Petitioner Aspen M. Eaton and they reside at 28 North York Road, Dillsburg, York County, PA 17019. 4. The Respondent/ Plaintiff John P. O'Neil is the paternal grandfather of the minor child and is C7Z currently residing at 206 Herman Avenue, Lemoyne, Cumberland County, PA 1704 ryl 1 -? C] -4 C7, 1 5- ?r3. 5. Respondent/Plaintiff Barbara O'Neill is the paternal grandmother of the minor child and is currently residing at 895 Lewisberry Road, Lewisberry, PA 17339. 6. A Custody Order was entered on April 14, 2004 granting shared legal custody of the minor child, Dylan Joseph Bruinsma to all of the named parties and granting shared physical custody between Respondent paternal grandparents, John P. O'Neill, Barbara O'Neill and the Respondent maternal grandparents, Jeffrey D. Bruinsma and Sylvia M. Bruinsma and granting Mother alternating weekend periods of partial physical custody of the minor child and granting Respondent Father periods of partial custody at times of mutual agreement of himself and either set of the grandparents. 7. Since the entry of the April 14, 2004 Order, there have been numerous substantial changes in circumstances that now warrant reconsideration of modification of the April 14, 2004 Custody Order including but not limited to the following: a. At the time of the entry of the Order Petitioner was a single Mother. She is now married and living in a stable marital relationship and has a 7 year old daughter with her husband and lives in a five bedroom home and is able to provide for the primary physical custody of the minor child Dylan Joseph Bruinsma. b. Since the entry of the April 14, 2004 Order, the paternal grandparents stopped exercising their periods of alternating weekly physical custody of the minor child approximately three years ago and the child has been living in the primary physical custody of the maternal grandparents and until November of 2010 Petitioner Mother was continuing to exercise her alternating weekend periods of custody and holiday time with the child. 2 c. Commencing in November of 2010 the maternal grandparents have repeatedly willfully violated the Custody Order of April 14, 2004 and refused to permit the minor child to go with Petitioner Mother for her periods of overnight partial custody. 8. Petitioner Mother is of the belief and therefore avers that she has a stable loving home environment and wishes to have primary physical custody of her son Dylan as she believes she is better able to care for his day to day needs and to provide him with a loving home environment. 9. The maternal grandparents have repeatedly denied Petitioner Mother her Court mandated periods of physical custody and have acted against the best interest and permanent welfare of the minor child. WHEREFORE, Petitioner Mother respectfully requests this Honorable Court modify the Custody Order of April 14, 2004 and grant her primary physical custody of the minor child Dylan Joseph Bruinsma, born July 6, 2001 and grant Father and the paternal and maternal grandparents reasonable periods of partial custody for the purposes of visitation with the child and grant any further relief this Court deems appropriate. Respectfully Submitted, JOANNE HARRISON CLOUGH JOANNE HARRISON C O GH, Attorney I.D. No.: 6637 3820 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Petitioner VERIFICATION I, Aspen M. Eaton, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: 02 a0 /1 Opp n . Eaton CERTIFICATE OF SERVICE I, Connie Lee Limric, Secretary to, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: Jeffrey and Sylvia Bruinsma 28 North York Road Dillsburg, PA 17019. Michael J. O'Neill 443 North 2nd Street Wormleysburg, PA 17043 John P. O'Neill 206 Herman Avenue Lemoyne, PA 17043 Barbara O'Neill 895 Lewisberry Road Lewisberry, PA 17339 Date: Connie L imri , ecretary to Joanne Harrison Clough, Esquire Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Petitioner JEFFREY D. BRUINSMA AND SYLVIA M. IN THE COURT OF COMMON PLEAS OF BRUINSMA, JOHN P. O'NEILL AND BARBARA O'NEILL PLAINTIFF V. ASPEN M. BRUINSMA AND MICHAEL J. O'NEILL DEFENDANT CUMBERLAND COUNTY, PENNSYLVANIA 2002-1161 CIVIL ACTION LAW r`-n r 1* co IN CUSTODY =-n A .. aiYt ORDER OF COURT AND NOW, _ Wednesday, August 17, 2011 __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 16, 2011 at 1:30 PM 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. 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: /s/ ac uelrne M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 oo j?j ,WC7i7f4a A C' &jh ? fop y /nal/ed )?) A' d&4s ? CoP jO1acea' 1o I/ein,0,1 17/c- (IoeC?? or 0 FILED-OFFICE OF THE PROTHONOTARY JEANNE B. COSTOPOULOS, ESQUIRE 2011 AUG 24 PM 4: 16 Attorney I.D. No. 68735 CUMBERLAND COUNTY 130 Gettysburg Pike, Suite C PENNSYLVANIA Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Maternal Grandparents, Jeffrey and Sylvia Bruinsma JEFFREY D. BRUINSMA and IN THE COURT OF COMMON PLEAS SYLVIA M. BRUINSMA, JOHN P. CUMBERLAND COUNTY, PENNSYLVANIA O'NEILL and BARBARA O'NEILL, Plaintiffs No. 2002-1161 CIVIL TERM V. ASPEN M. EATON (formerly BRUINSMA): CIVIL ACTION - LAW and MICHAEL J. O'NEILL, CUSTODY Defendants TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: MATERNAL GRANDPARENTS' PETITION TO MODIFY CUSTODY ORDER AND NOW, come the Petitioners, Jeffrey D. Bruinsma and Sylvia M. Bruinsma, by and through their attorney, Jeanne B. Costopoulos, Esquire, and files the within Petition to Modify Custody Order, to which they aver the following: 1. Petitioners, two of the above-named Plaintiffs, are Jeffrey D. Bruinsma and Sylvia M. Bruinsma (hereinafter referred to as Maternal Grandparents), adult individuals currently residing at 28 N. York Road, Dillsburg, York County, Pennsylvania, 17019. 2. One of the respondents, a plaintiff above, is John P. O'Neill (hereinafter referred to as Paternal Grandfather), an adult individual currently residing 206 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. One of the respondents, a plaintiff above, is Barbara O'Neill (hereinafter referred to as Paternal Grandmother), an adult individual whose current address is believed to be 895 Lewisberry Road, Lewisberry, York County, Pennsylvania, 17339. C4t OwA % & Ot+a1037-» 4. One of the respondents, a defendant above, is Aspen M. Eaton, previously known as Aspen M. Bruinsma (hereinafter referred to as Mother), an adult individual whose current address is believed to be 125 S. Main Street, Spring Grove, York County, Pennsylvania, 17362. 5. One of the respondents, a defendant above, is Michael J. O'Neill (hereinafter referred to as Father), an adult individual whose current address is unknown. 6. Petitioners are the natural maternal grandparents of Dylan Joseph Bruinsma, who turned 10 years old in July of 2011 (hereinafter referred to as the child). 7. The parties previously entered into an Agreement regarding custody and the parties are subject to a court order dated April 14, 2004. Said order is attached herein and incorporated by reference as though fully set forth. 8. Paternal Grandparents seek modification of physical custody such that they are granted primary physical and sole legal custody of the child and the remaining parties are granted periods of partial custody. 9. The child's best interest would best be served by granting the relief requested for the following reasons: a. The child has lived primarily with Maternal Grandparents for at least the past three years. The child attends school in their school district, which is Northern School District; b. The Paternal Grandparents are now divorced and have resided in separate households for over two years; c. For the past several months, either Paternal Grandfather, Paternal Grandmother, and/or Father has had the child on weekends from Friday through Sunday; d. Between October of 2010 and July of 2011, Mother exercised custody at various times mutually agreed upon by Mother and Maternal Grandparents and all such times were supervised by Maternal Grandfather; e. In July of 2011, Mother had the child unsupervised on two separate occasions overnight; f. In August of 2011, Mother had the child unsupervised for one overnight and she currently has the child for the entire week before school starts; g. Maternal Grandparents are concerned for the child when in the care of Father due to his problems with alcohol as well as a general lack of supervision resulting in continuing accusations that the child sexually abused his half-brother, Conner O'Neill, now age 5, custody of whom has been transferred from Father; Cumberland County Children & Youth Services (CCCYS) have conducted two investigations, the first about two years ago and another recently. It is Maternal Grandparents' belief that there is no ongoing investigation at this time; h. Father had a DUI and was in jail in July of 2010. He currently drives the child in his car even though he has DUI-related license suspension; i. Father has not chosen to exercise visitation of the child since Father's Day. The child tried to call him, but Father does not return messages. When he does speak to the child, he makes promises that he never keeps; j. Maternal Grandparents are concerned for the child when in the care of Mother due to her psychological history and various medications she is taking which affect her judgment. In July of 2011, Mother was speaking to Maternal Grandfather on the phone and her speech was slurred and she actually passed out during the conversation; k. Mother has threatened to and has previously attempted to keep the child and not return him; 1. Mother has accused the child of sexually abusing her 71/2 year old daughter, Yelana, who Mother had never enrolled in school until this year when she finally enrolled the child in kindergarten; in. Mother has driven the child around in a car without carrying car insurance. On at least one occasion, Mother was involved in an accident at a time she was not covered by insurance; n. Mother has given her daughter cough syrup to make her sleep and leaves children responsible for taking their own medications without adult supervision; o. Mother and her husband, Don Thomas Eaton, both collect SSD for alleged physical disabilities, although both of them are physically active and have never been observed by Maternal Grandparents to be exhibiting pain while engaged in physical activity such as bowling or moving furniture, etc.; p. Maternal Grandparents believe Mother may be collecting additional SSD benefits for the child and food stamps for the child even though the child does not primarily reside with her. Maternal Grandparents are requesting that Mother give an accounting of any sums received for the benefit of the subject child; q. Mother's Husband's son, Donovan Eaton, approximately age 13 or so, has a history of setting fires. He previously burned items belonging to the subject child; r. On Sunday, August 21, 2011, Mother texted Paternal Grandfather around 2:00 a.m. to let him know that she would not be transporting the child when she came to pick up the child because she did not have her medicine and did not feel safe, and that her step-son would be driving; s. In light of comments and actions of Mother, Maternal Grandparents suspect that Mother and/or her husband may have had their operating privileges suspended and may not have valid driver's licenses at this time. 10. The Honorable J. Wesley Oler, Jr., previously entered an order in this case. To Maternal Grandparents' knowledge, no other judge has been involved with this case. 11. This case is currently scheduled for conciliation before Jacqueline M. Verney, Esquire, for petitions filed by Mother on August 15, 2011. It is requested that this petition be heard at the same time as Mother's petitions. WHEREFORE, Petitioners respectfully requests this Honorable Court to modify the custody order as set forth more specifically above. RESPECTFULLY SUBMITTED BY: By: JEANNE . COSTOPOULOS, ESQU Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Petitioners Jeff & Sylvia Bruinsma Dated: ? ?? VERIFICATION I, JEFFREY D. BRUINSMA, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: ` wd J REY D. BRUINSMA VERIFICATION I, SYLVIA M. BRUMSMA, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: SY IA M. BRUINSMA CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person indicated below by depositing a copy of the same with the United States Post Office through first class mail, prepaid, and addressed as follows: Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Michael J. O'Neill 443 N. Second Street Wormleysburg, PA 17043 John P. O'Neill 206 Herman Avenue Lemoyne, PA 17043 Barbara O'Neill 895 Lewisberry Road Lewisberry, PA 17339 By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Jeffrey and Sylvia Bruinsma Date: ?(Z ?? FILED-OFFICE Cr THE PROTHONOTARY 2011 AUG 24 PM 4: 14 CUMBERLAND COUNTY PENNSYLVANIA JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Maternal Grandparents, Jeffrey and Sylvia Bruinsma JEFFREY D. BRUINSMA and IN THE COURT OF COMMON PLEAS SYLVIA M. BRUINSMA, JOHN P. CUMBERLAND COUNTY, PENNSYLVANIA O'NEILL and BARBARA O'NEILL, Plaintiffs No. 2002-1161 CIVIL TERM V. ASPEN M. EATON (formerly BRUINSMA): CIVIL ACTION - LAW and MICHAEL, J. O'NEILL, CUSTODY Defendants TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: MATERNAL GRANDPARENTS' ANSWER TO DEFENDANT ASPEN M. EATON'S PETITION FOR CONTEMPT AND NOW come Plaintiffs Jeffrey D., Bruinsma and Sylvia M. Bruinsma and aver the following in support of Maternal Grandparents' Answer to Defendant Aspen M. Eaton's Petition for Contempt: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. By way of further answer, Mother refused to provide an address where she was living or would be exercising custody of the child. Also, all parties including both sets of grandparents as well as the child's father agreed that Mother should not be permitted to take the child from the residence of maternal grandparents. Maternal grandparents did offer Mother liberal supervised visitation. On a few occasions Mother came to visit the child at maternal grandparents' home and on other occasions maternal grandfather transported mother to visit with the child. On countless other occasions, Mother did not visit with the child because she was unable to get to maternal grandparents' home, saying that she either had no gas money, no vehicle, or no ride. 10. Admitted. By way of further answer, see answer set forth in paragraph 9 above which is incorporated herein by reference. 11. Admitted in part; denied in part. It is admitted that mother has not exercised custody since November of 2010. It is denied that is solely because of maternal grandparents that mother could not exercise custody. The many times mother did not have a ride to see the child for supervised visits should not be counted because if mother did not have a ride to visit the child she also would not have had a ride to take the child with her. Also, maternal grandparents believed they did not have to give the child to mother while she was refusing to provide the address of her residence. 12. Denied. It is denied that maternal grandparents' actions have ever been contrary to the best interest and permanent welfare of the minor child. It is also denied that maternal grandparents denied mother time with the minor child. In fact, Mother did not exercise all of the times maternal grandparents offered for her to spend time with the minor child. 13. No answer required. 14. Admitted in part; denied in part. It is admitted that maternal grandparents did not follow the order or file a petition to modify. It is denied that they acted unilaterally in that paternal grandparents and father agreed with the actions of maternal grandparents. By way of further answer, maternal grandparents met with undersigned counsel in June of 2011 regarding filing a petition to modify custody and a petition was drafted, but because a valid address could not be obtained for mother, the petition was not yet filed. 15. Denied. It is denied that the child has suffered as a result of maternal grandparents' actions. By way of further answer, maternal grandparents have always acted in the child's best interests. 17. Denied. Mother has always been informed regarding appointments for counseling and medical appointments except on those occasions she could not be located. MATERNAL GRANDPARENTS' PETITON FOR CONTEMPT 18. Paragraphs 1 through 17 above are incorporated herein as though fully set forth. 19. Mother intentionally violated paragraph 5 of the order by not keeping the other parties informed regarding her address change. 20. Mother intentionally violated paragraph 7 of the order by not providing transportation at the beginning of her custodial periods. 21. Maternal grandparents have incurred or will incur counsel fees, costs and expenses in pursuance of this contempt claim against Mother and a claim is made therefore. WHEREFORE, Maternal Grandparents respectfully request that Mother's contempt petition be denied and that their contempt petition be granted and that legal fees and costs be awarded to Maternal Grandparents. Respectfully Submitted: By: ?-- JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiffs Jeffrey and Sylvia Bruinsma ??? /? Date. VERIFICATION I, JEFFREY D. BRUINSMA, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Fa. C.S.A. §4904 relating to unsworn verification to authorities. Date: J Y D. BRUINSMA VERIFICATION I, SYLVIA M. BRUINSMA, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: q S-WCQ'1? I SYL A M. BRUINSMA CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person indicated below by depositing a copy of the same with the United States Post Office through first class mail, prepaid, and addressed as follows: Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Michael J. O'Neill 443 N. Second Street Wormleysburg, PA 17043 John P. O'Neill 206 Herman Avenue Lemoyne, PA 17043 Barbara O'Neill 895 Lewisberry Road Lewisberry, PA 17339 By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ` Attorney for Jeffrey and Sylvia Bruinsma Date: ?1 ??` JEFFREY D. BRUINSMA, SYLVIA M. IN THE COURT OF COMMON PLEAS OF BRUINSMAJOHN P. O'NEILL, BARBARA C_- O'NEILL ^; PLAINTIFF CUMBERLAND COUNTY, PENNSYLV Uri 7;z'c V <> CD , 2002-1161 CIVIL ACTION LAW -° , ASPEN M. EATON, MICHAEL J. O'NEILL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, _ Thursday, September 01, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 14, 2011 at 3:30 PM 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. 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: /s/ jacqueline M. Verney, Es i1_ _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible 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 ?• B/ /P? 1 evi S IV ilOf Carlisle, Pennsylvania 17013 epe(? 0 /oar I Telephone (717) 249-3166 JJ ?O C?? ? ? ?A? ? Mx %+p C/ l 7oh n G• O -"ba?a o A/Pi ' 'M mdl/ea fiemet . g1i1// fl;?'c COnC(//d,4vr JEFFREY D. BRUINSMA and, SYLVIA M. BRUINSMA, JOHN P. O'NEILL and BARBARA O'NEILL Plaintiffs/Petitioners ,F l V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. ASPEN M. BRUINSMA, Defendant/Respondent MICHAEL J. O'NEILL, Defendant/Petitioner NO. 2002-1161 CIVIL TERM IN CUSTODY PREVIOUSLY ASSIGNED TO JUDGE MASLAND RULE TO SHOW CAUSE AND NOW, this day of , 2012 upon review of the attached Petition for Emergency Custody, a Rule to Show Cause is issued against Plaintiffs Jeffrey D. Bruinsma, Sylvia M. Bruinsma, John P. O'Neill and Barbara O'Neill and Defendant Michael J. O'Neill, to show cause, if any, why Defendant Mother's Petition for Emergency Custody should not be granted. Rule Returnable on the day of February, 2012, at'-3 - 00 a.m./p.m., in Courtroom No. Fourth Floor, Cumberland County Courthouse, Carlisle, PA 17013. O !V rnim= - OR - _ cv -v ra-? R140day-, of carvira ...j C FOR THE COURT: Date:2 11"1112 T o4 P C) '/Ue; M-tti.aeJ T. D -A)e,,rl ?e-u hh , ?6 - ?c?Sr?o?pU /&S, j.Sf 4z, JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Defendant JEFFREY D. BRUINSMA and, SYLVIA M. BRUINSMA, JOHN P. O'NEILL and BARBARA O'NEILL rH Ror; tC ? t Lq FE t J e t: ` ''611"ISERLAND PENNS YLV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Petitioners V. ASPEN M. BRUINSMA, Defendant]/Respondent MICHAEL J. O'NEILL, Defendant/Petitioner CIVIL ACTION - LAW NO. 2002-1161 CIVIL TERM IN CUSTODY PREVIOUSLY ASSIGNED TO JUDGE MASLAND AFFIDAVIT OF SERVICE I, Connie Lee Limric, secretary to Joanne Harrison Clough, do hereby certify that on this date I served a copy of the Petition for Emergency Custody, which was filed by mail on February 9, 2012 and originally forwarded to Defendant Michael J. O'Neill by first class United States mail, to 443 North 2nd Street, Wormelysburg, PA 17043 and returned our office as "Moved Left No Address Unable to Forward" by the United States Post Office, ( see attached copy of returned envelope and cover letters) on Michael J. O'Nei: on 13th day of February, 2012, by United States First Class Mail at the following address: Michael J. O'Neill c/o John P. O'Neill 206 Herman Avenue Lemoyne, PA 17043 i Date: `- Connie Lee Limric Secretary to Joanne Harrison Clough JOANNE HARRISON CLOUGH, PC ATTORNEY AND COUNSELOR AT LAW 3820 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 717.737.5890 TELEFAX 717.737-5892 Joanne Harrison Clough, Esquire Email: clou awacomcast.net Website: www.jharrisonclough.com February 9, 2012 Michael J. O'Neill 443 North 2°d Street Wormleysburg, PA 17043 RE: Custody matter Dear Mr. O'Neill: I am enclosing a copy of a Petition for Emergency Custody that I am filing by mail on behalf of my client Aspen Eaton this same date with the Cumberland County Prothonotary's office. i JHC/cll Enclosure ?:t p B W z _ n 0 o .? ??mrr z? azmm y ?4 pm 14-10 mt+ *mo z '.. ? o£o mµ "ADO 00 '° om p VI o 4 t,i 0 I 00 0 ? N O ? Z 9 (D O 'b l , r`.,y7 A -iR5T-4LAS?P2 BYER `+5 1 JOANNE HARRISON CLOUGH, PC ATTORNEY AND COUNSELOR AT LAW 3820 MARKET STREET CAMP H" PENNSYLVANIA 17011 717-737.SM TELEFAX 717-737-5892 Joanne Harrison Clough Esquire Email: clou law(&comcast.net Website: www.jharTisonclough.com February 12, 2012 Michael J. O'Neill c/o John P. O'Neill 206 Herman Avenue Lemoyne, PA 17043 RE: Custody matter Dear Mr. O'Neill: I am enclosing a copy of the letter and Petition for Emergency Custody that I attempted to forward to your address at 443 North 2"d Street, Wormleysburg, PA on February 9, 2012 but that was returned to me as "Moved Left No Address Unable to Forward" that I filed by mail on behalf of my client Aspen Eaton on February 9, 2012 with the Cumberland County Prothonotary's office. S?cerely, r, Joanne Harrison Clough JHC/cll Enclosures F iLED-OFF 101 -'-' OF T HE PRO?r10N0TA, R`r' 2012 FEB 2 l PM 2: S S CUMBERLAND COUNTY PENNSYLVANIA JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 JEFFREY D. BRUINSMA and IN THE COURT OF COMMON PLEAS SYLVIA M. BRUINSMA, JOHN P. CUMBERLAND COUNTY, PENNSYLVANIA O'NEILL and BARBARA O'NEILL, Plaintiffs No. 2002-1161 CIVIL TERM V. ASPEN M. EATON (formerly BRUINSMA): CIVIL ACTION - LAW and MICHAEL J. O'NEILL, CUSTODY Defendants TO THE HONORABLE ALBERT H. MASLAND, JUDGE OF SAID COURT: JEANNE B. COSTOPOULOS' PETITION TO WITHDRAW AS COUNSEL FOR PLAINTIFFS JEFFREY D. BRUINSMA AND SYLVIA M. BRUINSMA AND NOW, comes Jeanne B. Costopoulos, Esquire, and respectfully represents the following in support of this Petition to Withdraw as Counsel for Plaintiffs Jeffrey D. Bruinsma and Sylvia M. Bruinsma: 1. Petitioner is undersigned counsel, Jeanne B. Costopoulos, Esquire, attorney of record for Plaintiffs Jeffrey D. Bruinsma and Sylvia M. Bruinsma, maternal grandparents of the subject child in the above captioned case. 2. A Petition for Emergency Custody was filed on February 10, 2012, by Joanne Harrison Clough, Esquire, on behalf of her client, Defendant Aspen M. Bruinsma, mother of the subject child. 3. A Rule to Show Cause was issued on February 14, 2012, requiring all parties to show cause why Defendant Aspen Bruinsma's emergency petition should not be granted. Said rule is returnable on February 21, 2012 at 3:00 p.m. before the Hon. Albert H. Masland in Courtroom No. 1 of the Cumberland County Courthouse. 4. Shortly prior to the filing of the Petition for Emergency Petition on behalf of Defendant Aspen M. Bruinsma, unhappy differences arose between Plaintiffs Jeffrey D. Bruinsma and Sylvia M. Bruinsma and the two have split up and are currently not residing together. 5. Undersigned counsel has separately discussed the situation with both Plaintiff Jeffrey D. Bruinsma and Sylvia M. Bruinsma and it clear to undersigned counsel that the goals and desires of these Plaintiff's are significantly different and their interests are in direct conflict. 6. It is believed that Plaintiffs Jeffrey D. Bruinsma and Sylvia M. Bruinsma also understand that undersigned counsel cannot represent either of them against each other. 7. As a result of conflicting interests between both of her clients, undersigned counsel can no longer represent either client because to represent one client she would be in opposition to the other. 8. John M. Kerr, Esquire, has agreed to represent Plaintiff Jeffrey D. Bruinsma. However, it is believed Sylvia M. Bruinsma has not yet retained other counsel to represent her interests. 9. Plaintiffs Jeffrey D. Bruinsma and Sylvia M. Bruinsma and Joanne Harrison Clough, Esquire, counsel for Aspen M. Bruisma, Defendant, do not object to the relief requested herein. The remaining parties were not contacted by undersigned counsel as they are all pro se. WHEREFORE, Petitioner Jeanne B. Costopoulos, Esquire, respectfully requests this Honorable Court to grant her immediate leave to withdraw as counsel for Plaintiff Sylvia M. Bruinsma. Respectfull d: By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dated: z1 h Z VERIFICATION I, Jeanne B. Costopoulos, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn verification to authorities. Date: Z ?Z![ C Z Off Jeanne B. Costopoulos - Petitioner CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document via regular U.S. mail to each of the following: John M. Kerr, Esquire 5020 Ritter Road, Suite 104 Mechanicburg, PA 17055 Sylvia M. Bruinsma 28 N. York Road Dillsburg, PA 17019 John P. O'Neill 206 Herman Avenue Lemoyne, PA 17043 Barbara O'Neill 895 Lewisberry Road Lewisberry, PA 17339 Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Michael J. O'Neill 443 N. Second Street Wormleysburg, PA 17043 By: ANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: ?/2///z N JEFFREY D. BRUINSMA, and SYLVIA M. BRUINSMA, JOHN P. O'NEILL and BARBARA O'NEILL, Plaintiffs/Petitioners V. ASPEN M. BRUINSMA, Defendant/Respondent MICHAEL J. O'NEILL, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2002 - 1161 CIVIL TERM IN CUSTODY PREVIOUSLY ASSIGNED TO JUDGE MASLAND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff/Petitioner, Jeffrey D. Bruisma, in the above- captioned matter. Respectfully submitted, Dated: February 21, 2012 J n M. Kerr, Esquire =rIn M M-- I.D.# 26414 x cry-- N rn John Kerr Law, P.C. -,' 5020 Ritter Road <C' Suite 104 zo - - F Mechanicsburg, PA 17055 Z (717) 766-4008 Y a WITHDRAWAL OF APPEARANCE Kindly withdraw my appearance on behalf of Plaintiff/Petitioner, Jeffrey D. Bruisma, in ?ohn rr a.c. PC 5020 Ritter Road Sulte 104 McChaNCSburg, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 the above-captioned matter. Dated: February 21, 2012 Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 (717) 221-0900 CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing Entry of (Ym a 4e? err, Esquire John Ite 5020 r Road Suite 104 \?oYuirrw. PC', 5020 Rttter Road Suite 104 MCChaNCSbUrg, PA 17055 PRONE: 717.766.4008 FAx: 717.766.4066 Appearance and Withdrawal of Appearance on the below-named individuals in the manner indicated: Hand-Delivered Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 John P. O'Neill 206 Herman Avenue Lemoyne, PA 17043 Barbara O'Neill 895 Lewisberry Road Lewisberry, PA 17339 February 21, 2012 Mechanicsburg, PA 17055 (717) 766-4008 JEFFREY D. BRUINSMA, and SYLVIA M. BRUINSMA, JOHN P. O'NEILL and BARBARA O'NEILL, Plaintiffs/Petitioners V. ASPEN M. BRUINSMA, Defendant/Respondent MICHAEL J.O'NEILL, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 1161 CIVIL TERM IN CUSTODY PREVIOUSLY ASSIGNED TO JUDGE MASLAND ANSWER TO PETITION FOR EMERGENCY CUSTODY AND NOW, comes Plaintiff/Petitioner, Jeffrey Bruinsma, by his counsel, John fll. Kerr, c- C Esquire, and files the within Answer To Petition For Emergency Custody, the natur uhic4' is =c -r; Zrn m MM = _0M as follows: cnA r.") 7j CD I r-2 ---+C) 1. ADMITTED. ?yq C") 2. ADMITTED. c,y y» .? o 3. ADMITTED in part and DENIED in part. The minor child, Dylan Bruisma, resides with his maternal grandfather on weekdays only pursuant to relevant orders. Sylvia M. Bruinsma, the maternal grandmother, no longer lives at the residence. 4. ADMITTED. 5. DENIED. a. ADMITTED in part and DENIED in part. It is admitted that Jeffrey Bruinsma had a heart attack while operating his motor vehicle and that he was hospitalized. The 9vohn 1<err a+w. PC a 5020 Ritter Road State 104 Mechanicsburg, PA 17055 PHONE: 717.766.4005 FAx: 717.766.4066 balance of the averment is denied. He has fully recovered and has been released from physical therapy. He is able to care for his grandson. b. ADMITTED. Byway of further answer, the maternal grandmother no longer resides with Jeffrey Bruinsma. c. DENIED. See, answer to sub-paragraph 5b above. d. ADMITTED. By way of further answer, Jeffrey Bruinsma is no longer recuperating from his heart attack. 6. DENIED. If Petitioner mother were to be granted the relief requested, Dylan Bruinsma would have to leave the school district he presently attends with less than four months remaining in the school year. He would also be denied the only consistent residence he has had in his lifetime. 7. DENIED. 8. DENIED. 9. DENIED. As stated above, the maternal grandmother does not live at the residence, and Jeffrey Bruinsma is no longer recuperating from his heart attack. 10. DENIED. The paternal grandfather is now providing nurture and care for his grandson as he has always done. 11. DENIED. It is expressly denied that the grandson cares for his grandfather during the latter's periods of custody. In fact, the reverse is true. WHEREFORE, it is requested that the Petition for Emergency Custody be denied, pending the Hearing scheduled for March 28, 2012. Respectfully submitted, V olvi rerr 4", PC 5020 Ritter Road Suite 104 McChanicsburg, PA 17055 Pfiom: 717.766.4008 FAx: 717.766.4066 aL W-?w - Jo M. Kerr, Esquire Attorney I.D.# 26414 John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated: February 21, 2012 VERIFICATION The undersigned, Jeffrey Bruinsma., hereby states that he is the Respondent in the foregoing Petition For Emergency Custody and, as such, is authorized to execute this Verification, and that any factual statement in the foregoing Petition for Emergency Relief is true and correct to the best of his knowledge, information and belief. He understands that false statements are subject to the penalties prescribed at 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Jeffrey Bruinsma CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing Answer to Z. wg, John fitter Kerr, Esquire 5020 Road Suite 104 Yoh. r , aw. PC 5020 Ritter Road Suite 104 MechaniCSburg, PA 17055 PiiONE: 717.766.4008 FAx: 717.766.4066 Emergency Petition For Custody the below-named individuals in the manner indicated: Hand-Delivered Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 John P. O'Neill 206 Herman Avenue Lemoyne, PA 17043 Barbara O'Neill 895 Lewisberry Road Lewisberry, PA 17339 February 21, 2012 Mechanicsburg, PA 17055 (717) 766-4008 JEFFREY D. BRUINSMA AND SYLVIA M. BRUINSMA, JOHN P. O'NEILL and BARBARA O'NEILL, Plaintiffs V. ASPEN M. EATON (FORMERLY BRUINSMA) and MICHAEL J. O'NEILL, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 02-1161 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of February, 2012, the parties having reached an agreement on mother's petition for emergency custody, the custody order of September 17th, 2011, and the predecessor order shall remain in full force and effect until the hearing on March 28th, 2012, with the following additional provisions: 1. The maternal grandfather, Jeffrey Bruinsma, will not drive an automobile with the minor child, Dylan, in the automobile until on or after the hearing on March 28th, 2012. 2. Primary physical custody of Dylan during the next five weeks will be with maternal grandfather, Jeffrey D. Bruinsma, at the residence where they have been residing. Maternal grandmother, Sylvia Bruinsma, shall continue to arrange times directly with Dylan for her periods of custody during the school week. If there is a need for an adult to help facilitate that visitation, Aspen Eaton is willing to do that. 3. Aspen Eaton's periods of partial physical custody, which are every other weekend under the current order, shall now start Friday after school, when she may pick Dylan up at school. She shall return him to school Monday morning following her weekend. Finally, all of the parties in this.case agree that no one will discuss the custody case with the minor child, Dylan, or send messages through Dylan to other parties in this case. However, if Dylan brings up the pending custody matter, the parties agree to tell him that all of the adults love him and are trying to work this out, and, if they cannot work it out, the Judge will help them work it out. To the agreed upon terms the court adds the following guidance: a. The parties shall not alienate the affections of Dylan from the other parties and shall make a conscious effort not to do so. To the extent possible, the parties shall prevent third parties from alienating Dylan's affections from the other parties. b. The parties shall establish a No-Conflict Zone for Dylan and refrain from making derogatory or uncomplimentary comments about the other parties in his presence. C. Each party shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. d. The parties shall refrain from encouraging Dylan to provide reports about the other parties. They shall not use Dylan as an intermediary or spy. It is harmful to him to be put in the role of a spy. e. It is in Dylan's best interest for all adults to understand that he is trying to desperately cope with the custody litigation and related issues, and needs help in loving all parties, rather than interference or censure. f. The parties shall, at all times, consider Dylan's best interests, and act accordingly. By the Court, a G Albert H. Masland, J. John M. Kerr, Esquire For Jeffrey Bruinsma Joanne Harrison Clough, Esquire For Aspen Eaton Sylvia M. Bruinsma 28 North York Road Dillsburg, PA 17019 f John P. O'Neill 206 Herman Avenue Lemoyne, PA 17043 L! Barbara O'Neill 895 Lewisberry Road Lewisberry, PA 17339 Michael J. O'Neill 443 North Second Street Wormleysburg, PA 17043 prs lilt C-) c o -? xm rn i= z? CO x? C ?o a ? ZCD c- ?J'G JEFFREY D. BRUINSMA AND IN THE COURT OF COMMON PLEAS OF SYLVIA M. BRUINSMA, CUMBERLAND COUNTY, PENNSYLVANIA JOHN P. O'NEILL and BARBARA O'NEILL, Plaintiffs V. CIVIL ACTION - LAW ASPEN M. EATON (FORMERLY BRUINSMA) and MICHAEL J. O'NEILL, Defendants NO. 02-1161 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of February, 2012, upon oral motion of Jeanne Costopoulos, Esquire, to withdraw as attorney for Jeffrey D. Bruinsma and Sylvia M. Bruinsma, and the Court having interrogated the parties in open court, we are satisfied that there is no reason to preclude her from withdrawing and, therefore, we direct that her appearance is formally withdrawn from this case without further petition. t/John M. Kerr, Esquire For Jeffrey Bruinsma V Joanne Harrison Clough, Esquire For Aspen Eaton VJeanne B. Costopoulos, Esquire V/Sylvia M. Bruinsma 28 North York Road Dillsburg, PA 17019 ? John P. O'Neill 206 Herman Avenue Lemoyne, PA 17043 VBarbara O'Neill 895 Lewisberry Road Lewisberry, PA 17339 Michael J. O'Neill 443 North Second Street Wormleysburg, PA 17043 prs By the Court, Albert H. Maslan J. c -p 3 z ? z? cn r" r- D d 3} w c? r*t czy N N 0 -a s C p C, .tip JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Defendant JEFFREY D. BRUINSMA and, SYLVIA M. BRUINSMA, JOHN P. O'NEILL and BARBARA O'NEILL Plaintiffs/Petitioners V. ASPEN M. BRUINSMA, Defendant /Respondent FILEU-G;: lOL OF THE PROTkONOTARY 2012 APR 20 AM I I' 10 OUPEN YLVAN A TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2002-1161 CIVIL TERM MICHAEL J. O'NEILL, IN CUSTODY Defendant/Petitioner PREVIOUSLY ASSIGNED TO JUDGE MASLAND PETITIONER ASPEN EATON'S PROPOSED CUSTODY SCHEDULES AND NOW, this 19th day of April, 2012, comes the Petitioner Mother, Aspen M. Eaton, by and through her attorney, Joanne Harrison Clough, Esquire, and respectfully files this Memorandum setting forth the proposed custody schedules as requested by the Judge at the conclusion of the custody hearing held on March 28, 2012 and proposes as follows: 1. If Petitioner Mother is awarded primary physical custody of the minor child Dylan Bruinsma, A. Dylan shall remain in the shared equal physical custody of the maternal grandparents until the last day of the 2011-2012 school year; only if maternal grandfather stops involving Dylan in the family conflict and stops sobbing and crying constantly in front of Dylan. If Maternal grandfather cannot control his emotions, primary physical custody should be awarded to Mother immediately. B. Aspen Eaton shall have primary physical and legal custody of Dylan commencing the first day after the last day of the 2011-2012 school year or earlier as stated above. The other parties shall have periods of partial physical custody as follows: 1. Maternal grandfather Jeffrey Bruinsma shall have the first weekend each month; 2. Maternal grandmother Sylvia Bruinsma shall have physical custody the second weekend of each month. 3. Paternal grandparents and father shall divide either the third or fourth weekend each month; to be divided in conjunction with Mother 4. Mother shall retain at least one weekend per month. 5. Mother shall have custody of the child during all major holidays unless the parties otherwise agree. 6. During the summer months, each of the four grandparents shall have the right to select one week of summer partial physical custody with Dylan. 7. At any other times the parties agree. II. If Petitioner Mother Aspen Eaton is not awarded primary Physical custody of Dylan Bruinsma If Petitioner Mother is not awarded primary custody of Dylan Bruinsma, then she proposes the following custody schedule: A. If the Court decides to preserve the current primary custody designation to the Maternal grandparents, Jeffrey Bruinsma and Sylvia Bruinsma, then in light of the fact the maternal grandparents have recently separated, it is respectfully requested that maternal grandparents have equal shared physical custody of the minor child with each maternal grandparent having custody of Dylan two days per week during the school week only if Maternal grandfather is emotionally stable and physically able to exercise said physical custody; and 2 B. Mother Aspen Eaton would have custody of the minor child on three out of four weekends per month commencing Friday and ending Monday morning; and majority custody during the summer with each grandparent having custody on the weekend schedule set forth in Paragraph 1 B above. C. Paternal grandparents and father would have custody of Dylan one weekend per month; and D. Aspen Eaton would have custody of Dylan for all major holidays including but not limited to Christmas Eve, Christmas Day, Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving from 6:00 p.m. the evening before the holiday until 10:00 a.m. the day after the holiday. E. In the event Mother is not awarded primary physical custody, she shall have shared legal custody of the minor child. Respectfully Submitted, JOANNE HARRISON CLOD JOANNE HARRISO* CLOUGH, ESQUIRE Attorney I.D. No.: 663 3820 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Petitioner Aspen Eaton 3 CERTIFICATE OF SERVICE I, Connie Lee Limric, Secretary to, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: Jeffrey Bruinsma c/o John M. Kerr, Esquire 5020 Ritter Road, Ste 104 Mechanicsburg, PA 17055 Sylvia Bruinsma PO Box 511 Dillsburg, PA 17019 Michael J. O'Neill c/o John P. O'Neill 206 Herman Avenue Lemoyne, PA 17043 John P. O'Neill 206 Herman Avenue Lemoyne, PA 17043 Barbara O'Neill 895 Lewisberry Road Lewisberry, PA 17339 Date: v Connie Lee Urfiric Joanne Harrison Clough, Esquire Attorney ID No. 36461 3 820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Aspen Eaton 4 JEFFREY D. BRUINSMA AND IN THE COURT OF COMMON PLEAS OF SYLVIA M. BRUINSMA, CUMBERLAND COUNTY, PENNSYLVANIA JOHN P. O'NEILL AND BARBARA O'NEILL Plaintiffs/Respondents: V. CIVIL ACTION - LAW NO. 02-1161 CIVIL TERM ASPEN M. EATON (FORMERLY BRUINSMA), Defendant/Petitioner and MICHAEL J. O'NEILL Defendant IN CUSTODY ORDER OF COURT AND NOW, this 27th day of April, 2012, following a second day of hearings on this matter, and it appearing that there is potential for relevant medical testimony to be submitted to the Court that could have a bearing on our ultimate decision, we direct that the record remain open until Friday, May 11, 2012. If the parties are unable to reach a stipulation regarding any medical report by that date and desire that additional testimony be presented, they shall make that known to the Court as soon as possible. Barring such further testimony or reports being submitted to the Court, we will issue a final order shortly after May 11, 2012. Pending the final order, we direct that shared legal custody remain with mother and the maternal grandparents with the exception that mother shall have primary legal custody with respect to any medical or psychological decisions. Specifically, mother is authorized to have Dylan evaluated by a psychologist or psychiatrist to determine if he needs further counseling. With respect to physical custody, pending further order, the maternal grandparents shall maintain primary physical custody of Dylan during the school week for the balance of this school year. However, until such time as Dylan informs the parties that BRUINSMA/O'NEILL V. EATON/O'NEILL he is comfortable spending the night with Mr. Bruinsma, he shall be primarily with Mrs. Bruinsma during the school week. When a counselor or Dylan feel that he is able to spend time with Mr. Bruinsma, such time should be accorded to him by the parties. Pending the end of the school year, the weekend arrangements that are currently in place shall remain effective with respect to the physical custody of Dylan. Finally, pending further order of court or a stipulation by all the parties, Mr. Bruinsma shall not transport Dylan in an automobile. By the Court, Albeit H. M Bland, J. V"John M. Kerr, Esquire For Jeffrey Bruinsma Joanne Harrison Clough, Esquire For Aspen Eaton j/ Sylvia M. Bruinsma P.O. Box 511 Dillsburg, PA 17019 j/ John P. O'Neill 206 Herman Avenue Lemoyne, PA 17043 I/Barbara O'Neill 895 Lewisberry Road Lewisberry, PA 17339 /Michael J. O'Neill c/o John P. O'Neill 206 Herman Avenue Lemoyne, PA 17043 vae ecp;es jA&.1d 4/30//;? ,it 0 G o , r, --i _ ) ? 3 ,?-? _ JEFFREY D. BRUINSMA AND IN THE COURT OF COMMON PLEAS OF SYLVIA M. BRUINSMA, CUMBERLAND COUNTY, PENNSYLVANIA JOHN P. O'NEILL and BARBARA O'NEILL, Plaintiffs V. ASPEN M. EATON (FORMERLY BRUINSMA) and MICHAEL J. O'NEILL, Defendants NO. 02-1161 CIVIL TERM ORDER OF COURT AND NOW, this day of May, 2012, pursuant to this court's order of April 27, 2012, the parties requiring additional testimony, a hearing is scheduled to commence at 10:45 a.m., Wednesday, May 23, 2012, in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masland, John M. Kerr, Esquire For Jeffrey Bruinsma ?Joanne Harrison Clough Esquire , For Aspen Eaton ? Sylvia M. Bruinsma Q -`" P.O. Box 511 x> ` ' Dillsburg, PA 17019 V John P. O'Neill Michael J. O'Neill 206 Herman Avenue Lemoyne, PA 17043 V1 Barbara O'Neill 895 Lewisberry Road Lewisberry, PA 17339 saa ar6 es jv-,Q.fo-d -.5''Alla le%li- JEFFREY D. BRUINSMA AND IN THE COURT OF COMMON PLEAS OF SYLVIA M. BRUINSMA, CUMBERLAND COUNTY, JOHN P. O'NEILL and PENNSYLVANIA BARBARA O'NEILL, Plaintiffs V. ASPEN M. EATON (FORMERLY BRUINSMA) and MICHAEL J. O'NEILL, Defendants CIVIL ACTION -LAW NO. 02-1161 CIVIL TERM ORDER OF COURT - PARENTING PLAN $A AND NOW, this _?70 day of May, 2012, following three days of hearings (March 28, 2012, April 27, 2012 and May 25, 2012), during which the court heard from 13 witnesses and spoke to the minor child twice in chambers, the court ORDERS and DIRECTS that it is in the best interests of Dylan Joseph Bruinsma, DOB: July 6, 2001, that the parties' physical and legal custodial responsibilities be established pursuant to the following "Parenting Plan": 1. Legal Custodial Responsibilities: Mother shall have primary legal custodial responsibilities for Dylan subject to the following rights and responsibilities of the other parties: a. Major decisions concerning Dylan, including, but not limited to, his health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made by Mother. To the extent feasible, Mother should consult the other parties, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in Dylan's best interests. b. Absent an emergency, no party shall obtain medical care and/or have an initial interview with any health caregiver in the absence of Mother's participation. C. Mother shall upon request provide information from Dylan's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning his progress and welfare. d. The parties shall civilly and respectfully communicate about co- parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter. NO. 02-1161 CIVIL TERM e. If the parries are unable to agree, they shall follow the procedures set forth in Paragraph 15 of this Order. 2. No Conflict Zone and General Rules of Conduct: a. The parties shall not alienate the affections of Dylan from one another and shall make a conscious effort not to do so. To the extent possible, the parties shall prevent third parties from alienating his affections from the other parties as well. b. The parties shall establish a No-Conflict Zone for Dylan and refrain from making derogatory or uncomplimentary comments about the other parties in his presence, and to the extent possible, shall not permit third parties from making such comments in his presence while in their physical custody, whether he is sleeping, awake or in another room. C. It shall be the duty of each party to uphold the others as someone Dylan should respect and love. d. Each party shall speak respectfully of the others whether it is believed the others reciprocate or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parties shall refrain from encouraging Dylan to provide reports about the other parties. Communication should always take place directly between parties, without using Dylan or others as an intermediary or spy on the other parties. It is harmful to Dylan to be put in the role of a spy. f. Dylan shall be protected by the parties from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parties shall avoid contact with such individuals of poor character because it sets a bad example and may corrupt Dylan's morals. g. The parties should remember that they cannot teach Dylan proper moral conduct by engaging in improper conduct themselves. Children are quick to recognize hypocrisy and the party who maintains a double standard will lose Dylan's respect. h. The parties shall not permit Dylan to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro-social behavior. -2- NO. 02-1161 CIVIL TERM i. The parties shall not conduct arguments or heated conversation when they are together in Dylan's presence. j. It is in Dylan's best interest for the parents and all adults to understand that he is trying to cope with the custody litigation and related issues, and needs help in loving all of the parties, rather than interference or censure. k. At all times, the parties shall consider Dylan's best interests and act accordingly. 3. Physical Custodial Responsibilities: a. The parties shall share physical custodial responsibilities for Dylan, as outlined in Paragraph 4 herein. b. All physical custodial exchanges shall be handled professionally, under a "no conflict zone," abiding by all techniques set forth in reputable parental educational materials, to avoid conflict, anxiety, and other emotional harm to the child. C. Day-to-day decisions shall be the responsibility of the parties then having physical custodial responsibilities. Each party shall notify the other of any activity or circumstance concerning Dylan that could reasonably be expected to be of concern or interest to the other parties. d. With regard to any emergency decisions which must be made, the party having physical custodial responsibility for Dylan at the time of the emergency shall be permitted to make any necessary immediate decisions. e. In the event of a serious illness, the party then having physical custodial responsibility shall immediately inform the Mother and then the other parties by telephone or any other means, as to the nature of the illness. During such illness, each parry shall have the right to visit the child, consistent with the medical status of the child. f. If the child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parties at the custodial exchanges. An adequate supply of Dylan's recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each party. g. The party with physical custodial responsibilities for Dylan during any given period of time shall communicate in a prompt fashion with the other parries concerning the well-being of Dylan, and shall appropriately notify the other parties of any changes in health or educational progress. -3- NO. 02-1161 CIVIL TERM h. Each parry shall promptly notify the other parties of, and invite him or her to, major events in Dylan's life, including graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. i. When Dylan is not with a parry during the weekend, that party may telephone one time with Dylan during the weekend to speak with him, as well as periodically during the week, as needed, without being intrusive. j. The parties will not deviate from the regular custody schedule because of Dylan's birthday. k. Each party should promptly and politely respond to the other parties' telephone calls, text messages, faxes and emails regarding Dylan. 1. If one party will be late for a physical custodial exchanges they shall call or text the other party as soon as possible but no later than 30 minutes prior to the appointed meeting time. 4. Physical Custodial Responsibility Schedule: a. Mother shall have primary physical custodial responsibility for Dylan. b. During the school year, the parties shall share physical custodial responsibilities for Dylan in accordance with the following schedule: i) Maternal Grandfather, Jeffrey Bruinsma, shall have the first weekend each month, commencing after school on Friday and ending at 7:00 p.m. Sunday evening; ii) Maternal Grandmother, Sylvia Bruinsma, shall have physical custody the second weekend of each month commencing after school on Friday and ending at 7:00 p.m. Sunday evening; iii) Paternal Grandparents and Father shall divide the fourth weekend each month, which shall also commence after school on Friday and end at 7:00 p.m. Sunday evening; iv) Mother shall retain the third and, if applicable, fifth weekends per month; v) Because the Maternal Grandparents have been particularly active and involved in Dylan's life Mother is encouraged to accommodate their reasonable requests as well as those of the other parties as they arise. -4- NO. 02-1161 CIVIL TERM C. Summer: In June 2012, Dylan shall reside with Jeffrey Bruinsma from the last day of school until Sunday June 10, 2012 at 5:00 p.m., at which time primary custody shall be transferred to Mother. Thereafter, periods of partial custody shall be enjoyed by the parties as follows: i) Jeffrey and Sylvia Bruinsma shall share partial custody of Dylan during the month of July each year, with Mother having two Friday-Sunday weekends with Dylan. If the parties are unable to agree on those weekends, Mother shall enjoy the first and third weekends. ii) Paternal Grandparents shall each have the right to select one week of summer partial physical custody with Dylan during June or August and shall coordinate the same with Mother no later than May 15 of each year, with the exception that in 2012 they shall do so within 10 days of receipt of this order; iii) Subject to the aforesaid rights of Paternal Grandparents, Dylan shall reside with Mother during June and August each year. Unless otherwise agreed, Dylan shall always spend the first week after school ends in June and the last week before school begins in the fall with Mother. d. Holidays: The aforesaid schedule shall take priority over the major holidays (e.g., Memorial Day, Labor Day, July 4, Easter Holidays) with the following exceptions, unless the parties otherwise agree: i) Thanksgiving school holiday: Mother will have physical custodial responsibilities on Thanksgiving from Wednesday after school to Sunday, at 8:00 p.m. in even-numbered years, alternating with Maternal Grandparents in odd-numbered years. ii) Christmas/New Year's school holiday: Mother will have physical custodial responsibilities during Segment A (first half of school recess) in even-numbered years. The four grandparents and Father will share physical custodial responsibilities during Segment B (the second half of the school recess). Major gifts should be discussed and coordinated between the parties. iii) Mother's Day and Father's Day: Mother will always have physical custodial responsibilities on Mother's Day weekend and Father and Paternal Grandparents will always have physical custodial responsibilities on Father's Day weekend. -5- NO. 02-1161 CIVIL TERM The parties will adjust the normal schedule to accommodate this. 5. General Custodial Schedule Provisions: a. The parties may revise this schedule upon written agreement and should be flexible for the sake of Dylan. b. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. C. If the parties or Dylan have plans which conflict with a scheduled visit and wish to change visitation, they should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of Dylan. d. Dylan should be consulted as to his schedule when appropriate. e. Visitation rights shall be exercised at reasonable hours and under circumstances reasonably acceptable to the other parties and to the needs and desire of Dylan. f. If a party finds themselves unable to keep an appointed exchange time or other appointment for Dylan, they should give immediate notice to the other parties, so as to avoid subjecting Dylan to unnecessary apprehension and failure of expectations. g. The party relinquishing physical custodial responsibility should prepare Dylan both physically and mentally for the transfer of custody to the other party and have him available at the time and place mutually agreed upon. 6. Iransportation: a. The party relinquishing custodial responsibility shall drive Dylan to the other parties' residence, walking him to that parties' front door. b. The parties shall ensure that Dylan uses appropriate seat belts when being transported in vehicles by that party or others. c. Although the court has reservations regarding Jeffrey Bruinsma's health, until such time as his driver's license is suspended or revoked, he may transport Dylan pursuant to the aforesaid schedule of custody. -6- NO. 02-1161 CIVIL TERM 7. Extracurricular Activities: a. The parties shall organize ways for Dylan to maintain his friendships, extracurricular activities, and other special interests, regardless of where he resides. b. Mother shall provide the other parties with at least seventy-two (72) hours advance notice of significant school or other activities and two weeks' or greater advance notice whenever possible. C. The parties shall honor and be supportive of the extracurricular activities in which Dylan wishes to engage. d. The parties shall confer with one another before arranging regularly occurring extracurricular activities for Dylan which might interfere with regular visitation. e. During the times that the parties have physical custodial responsibilities, they will make certain that Dylan attends his extracurricular activities and transport him on time to and from games, practices and any activities that are scheduled so that he is able to participate in those events. 8. Child's Property: Toys, games, clothes, etc. shall not become matters of contention between the parties as these generally are Dylan's property, not the parties', entitling the items to be taken by the child and back with the child, as reasonably appropriate. 9. Family Gatherings: The parties shall permit and support Dylan's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by the parties with routine visitations resuming immediately thereafter. 10. Safety: a. The parties shall adopt measures to shield Dylan from sexual exploitation which may be more likely to occur while in a parties' home by a paramour or paramour's child(ren). b. All parties shall carefully read "7 Steps to Protecting Our Children" and "Preventing Children from Encountering Dangers Online" at www.darkness2lieht.com and provide a notarized statement to the other parties and the court that they have read it, within 30 days of the date of this Order. -7- NO. 02-1161 CIVIL TERM 11. Ill al Drugs Tobacco and Alcohol: a. The parties shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parties shall likewise assure that other household members and/or house guests comply with this prohibition. b. If a party shows up for a visit under the influence of alcohol or drugs or smoking, the visit may be considered forfeited on those grounds alone. 12. Electronic Contact: a. The parties shall be entitled to reasonable (not excessive) e-mail and/or text messaging contact with Dylan when he is not in their custody. The parties shall establish an e-mail address for themselves and Dylan for e- mail communication or Skype concerning parenting issues and communication with Dylan. b. Mother shall send a brief e-mail once a week to update the other parties about her observations of Dylan's emotional, mental, physical status and/or developmental milestones. When Dylan is with a party for an extended period of time, such as during the summer, he or she will send similar updates to the other parties. 13. Relocation: a. Mother shall not permanently relocate if the relocation would necessitate a change in the physical custodial schedule or significantly impair the ability of the non-relocating party to exercise physical custodial responsibilities, change of school district for the child, or exceed a twenty-five (25) mile radius without a minimum notice of ninety (90) days to the other parties. b. All parties are encouraged to relocate closer to each other's residence. C. The parry proposing relocation must notify all parties in accordance with 23 Pa. C.S.A. §5337. d. No party may relocate their residence unless the other parties consent in writing or the Court approves the proposed relocation. -8- NO. 02-1161 CIVIL TERM 14 15 C tinseling: a. The parties shall enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health in order to appropriately "co-parent" Dylan. b. Mother may enroll Dylan in private individual counseling or psychotherapy, as needed, to maintain his optimum mental health. Modifications or Disputes About this Order: a. The terms of this Parenting Plan may be modified by agreement of the parties which is best memorialized if placed in writing and signed by the parties, when such modifications are in the best interests of Dylan. b. The parties shall use their best efforts to engage in joint decision-making with respect to Dylan. To the extent feasible, and if it can be done peaceably, the parties are encouraged to meet at least twice a year to discuss the needs of Dylan and how they can best meet those needs. C. Mediation: If the parties are unable to resolve any disputes about the interpretation or practical application of this Order or any alleged breaches of this Order they should, prior to conciliation, attempt to resolve ratters through mediation with a trained mediator, the cost to be shared equally by the parties. Free mediation is available for pro se litigants through Neighborhood Dispute Settlement at 233-8255. 16. Contempt: a. Certain rules of conduct set forth in this Court Order are included in most custody matters. They are binding on all parties as are all other provisions. b. If a party does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Order. i n n e???,?'??, .i 7 . V S BY THE COURT: Albert H. Masland, J. -9- NO. 02-1161 CIVIL TERM John M. Kerr, Esquire For Jeffrey Bruinsma Joanne Harrison Clough, Esquire For Aspen Eaton 1/Sylvia M. Bruinsma P.O. Box 511 Dillsburg, PA 17019 John P. O'Neill Michael J. O'Neill 206 Herman Avenue Lemoyne, PA 17043 Barbara O'Neill 895 Lewrisberry Road Lewisberry, PA 17339 :saa ?pia C'S "A e`4 S130 ji a 121 L -10-