HomeMy WebLinkAbout02-1161JEFFREY D. BRUINSMA, and
SYLVIA M. BRUINSMA,
Petitioners
V.
ASPEN M. BRUINSMA and
MICHAEL J. O'NEILL,
Respondents
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: O:Z -116,1 CIVIL TERM
: IN CUSTODY
FOR CUSTODY
AND NOW, this __ day of March 2002, comes the Petitioners, Jeffrey D. and Sylvia
M. Bminsm~ by and through their attorneys, Irwin, McKrdght and Hughes, and presents the
following '~n~aet'~n~m"~or Custody, averring as follows:
The petitioners Jeffrey D. and Sylvia M. Bruinsma, husband and
individuals residing at 28 N. York Rd., Dillsburg, Pennsylvania 17019.
wife, are adult
The respondent, Michael J. O'Neill, is an adult individual residing at 206 Hummel
Avenue, Lemoyne, Cumberland County, Pennsylvania 17043.
The respondent, Aspen Marie Bruinsma, is an adult individual residing on Baltimore
Street, Franldintown, Pennsylvania.
The respondents, Michael J. O'Neill and Aspen Marie Bminsma, are the natural parents
of a minor child, namely, Dylan Joseph Bminsma, bom July 6, 2001. The petitioners Jeffrey D.
and Sylvia M. Bruinsma are the maternal grandparents of Dylan Joseph Bminsma.
Since the minor child's date of birth through January 2002, the petitioners Jeffrey D. and
Sylvia M. Bminsma (hereinafter referred to as "Grandparents") have been the primary caregivers
for the child; the respondent Aspen Marie Bminsma (hereinafter referred to as "mother") has
resided with the Grandparents since the minor child's date of birth.
Although the mother has also resided with the minor child since she lived in the same
household with the Grandparents (her parents), she was not responsible for the care of the minor
child except during the times the Grandparents requested that she care for the minor child.
The Grandparents have provided not only the day to day care for the minor child, but also
the financial stability for the child, providing the majority of food, clothing, diapers, etc., for the
child.
While living with the Grandparents, the mother has displayed signs of depression, such as
excessive sleeping, inablity to care for the minor child, especially in the morning, and lack of
ambition or willingness to obtain employment; the mother had previously attempted and
threatened suicide in the past.
At the time the minor child was bom, the mother claimed that Joseph Henry Cressler, Jr.,
was the biological father; this was later negated through a paternity test which ruled Michael J.
O'Neill the biological father. Attached as Exhibit "A" is a copy of said paternity findings.
10.
Since the time of the birth of the minor child, the mother lived with Joseph H. Cressler,
Jr. on two separate occassions, one time for one week, and the other for 10 days; while living
with Mr. Cressler, the mother repeatedly called the Grandparents asking for food, diapers,
transportation and to help in the care of the minor child.
11.
On or about October 30, 2001, the mother was at the home of Joseph H. Cressler, Jr. with
the minor child, and an incident occurred which forced the mother to file for a Protection from
Abuse Order. Mr. Cressler was charged with simple assult, terroristic threats, harassment and
recklessly endangering another. At that time, the identity of the father was not yet known.
Attached as Exhibit "B" is a copy of the Protection from Abuse Order.
12.
Since the Protection from Abuse Order was entered, the respondent continues to see
Joseph H. Cressler, Jr., and often takes the minor child with her, knowing that Mr. Cressler is not
the child's father, and also knowing that a protection from abuse order is in place against him.
13.
Beginning in January, 2002, the biological father, Michael J. O'Neill, began seeing the
minor child on a regular basis, agreeing with the mother to a shared physical custody
arrangement. The arrangement, however, was carded through while the mother lived with
Grandparents, and Grandparents again were the primary caregivers while the minor child was in
their home.
14.
On or about Monday, February 25, 2002, mother became angry with Grandparents and on
Wednesday, February 27, 2002, removed her belongings from Grandparent's home and moved in
with another woman in Franklintown.
15.
The Grandparents are unaware of who mother is living with, and mother is now spending
time with the minor child away from Grandparents.
16.
Since the birth of the minor child, Grandparents have been the primary caregivers of the
child, provided a home and stability for the child, and has acted in loco parentis for the minor
child.
17.
The respondent has demonstrated an inability to properly care for the minor child, both
physically and financially, and has placed the minor child in compromising situations.
VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unswom falsification to authorities.
Date: ~/~-- ,2002
~SMA
~YL VL4 M. BR UINSM.4
EXHIBIT "A"
In the Court of Conunon Pleas of DAUPHI~
DOMESTIC RELATIONS SECTION
County, Pennsylvania
ASPEN BRUINSMA
¥$.
MI C/-kz~ L ONEILL
Plaintiff
Defendant
) Dock~'t Number
)
) PAcgEs Case Number
)
) Otlmr State ID Number
01954-DR-01
999103790
NOTICE OF RIGHT TO TRIAL ONISSUE OF PATERNITY
The defendant has not acknowledged paternity of the child,
DYLAN BRUINSMA , bo~q oil JULY g, 2001
in HARRISBURG ~ PA , tO ASPEN BRUII~SMA
You are hereby advised of your rights to (1) a trial on the issue of paternity and (2) an
attorney to repr&sent you on the issue of paternity and~in any support proceedings. It' the court
determines that you are indigent, and you request it, an?attorney will be provided to represent
you on the issue of paternity only.
The trial shall be without jury.
Date:
Conference Officer
[ aoknowledge receipt of a copy of this notice this 22s? DA'/ OF SEPTEI~IBER, 2001
Plki~tif.f, t: ....
D~f~d~ .....
Service Type
Fo rm PE-013
Worker ID 22117
Ed Wd~I:~O E00~ ~0 '~eN : 'ON XW~ : WOSd
In the Court of Common Pleas of . DAL'PHIN
DOMF. STIC RELATIONS SECTION
PO BOX 67, HARRISBL"RG, PA. 17108
Phone: (717) 255-2796
County, Pennsylvania
(717) 2~5-2762
NOV~I~B~R 19, 2001
Plaintiff Name: ASPEN BRUIN'SMA
Defendant Name: MICHAEL 0NEILL
Docket Number: 0Z55~-DR-0Z
PACSES C~e Number: 55~xo~79~
O~er State ID Number:
~e aoc~ ~ c~admce mint Ja~e ~e PAC~S C~ N~b~.
.Genetic Test. Result~
ASPEN BRUiNSMA
28 N YORK RD
DILLS~URG PA 17019-9539
Dear ASPEN BRUINSMA
Enclosed please find copies of the results of the Genetic tests which were taken on
3. o/23/o'~
The defendant has not been excluded as the father of
DYLD~N BRUINSMA, 99.99%. YOUR CASE HAS ~EEN
TRANSFERP. ED TO OUR STAFF ATTORNEY, SHEILA
BRITT TO DO A RULE TO SHOW CAUSE TO THE
DEFENDS. YOUR PATERNITY TEST.R~SULTS ARE
ENCLOSED.
The defendant has been excluded as the father of
Sincerely,
Service Type M
Form PE-023
Wt~rker ID 22810
£d WdEI:~O EOOE ~0 'a~N : 'ON XU~ : NO~3
BRT LA])OaATORIES, INC.
Domesti~ Relat~8~ Division Report Date: 11-13-2001
Dauphin County
P.O. Box 12% Clien~ ~: (1954 DR O1)
Harrisburg. PA 17108 IV-D ~: (999103790}
Lab, orator, y #: L-B7011
T2sting for paternity anal:ysis.waS, performed fo~:.'the'fpl'loWing peEs~llS
D7S82D: 9/13 : .....': ·
- 15. 649
F~: 21 21/24 22/24 4.378
.... · '.~ .: . · ..~- ;?, .......-,.
~'...:~: ~.~ : '
We, the supervisors, bein sworn, have rev;
anq certify this report as a true and accurate representation
ined for the individuals named herein,
Supervisor
~dic%~l-~'eo-t-OF P '
SWORN TD AND me
this ./YT~ day of 20 o /
at ~ltimore, Mar,
Maryland. My Commission Expires
~d WdE~:P0 g00E ~0 'a~W : 'ON XW3 : N082
400 WEST FRANKLIN ST. · BALTIMORE, MD 21201 · 410-22~-9595 · FAX 410-383-0938
In the matter of the Paternity Petition of:
Dylan Bruinsma, child
Aspen Bruinsma, mother,
Petitioner,
VS,
Michael O'Neill
AFFIDAVIT OF LABORATORY SUPERVISOR
LABOP. ATORY CASE #: L-87011
Respondent.
I, Francis A. Chiafari, Molecular aeneticist and I. Terry Houtz, Manager of Genetic Testing
of the BRT Laboratories Inc., certify that we have in our possession the records and reports relating
to the administering and analysis of testing performed by this Laboratory; and, do hereby
CERTIFY AND AUTHENTICATE the annexed report and paternity information and custody sheet(s) pertaining
to:
Child: Dylan Bruinsma
Mother: Aspen Bruinsma
Alleged Father: Michael Q'Neill ·
We further certify that the Genetic Testing Division of the BRT Laboratories, Baltimore,
Maryland, is a laboratory duly approved to perform genetic marker tests by the Lab Licensure and
Certification Division of the Maryland State Department of Health pursuant to the provisions of Title
i7 of the Annotated Code of Maryland: and is fully accredited by the American Association of Blood
Banks (AABB).
We further certify that the annexed report and paternity inf6rmation and custody sheet(s)
are the true and correct documents that were made in the regular course of business of this
laboratory, and that it *as in the regular course of business of this laboratory to make such records
pertaining to said mother, child and alleged father.
We further certify that the records annexed hereto have been found by us to be a true,
correct, and accurate reporting of the test results of this laboratory pertaining to said mother,
c~ld and' a~ }eged-fath~r~ ...... . ..
Dated: //-/Z/Y-C)/
Dated: IY-iY'~-0/
SWORN TO AND SUBSCRIBED before~me
this /x~ day of ~,~/~-~o, 20 ~!
at Baltimore. Maryland.
F ar Geneticist
Tedry lqoutz,/ Mahagbr oF(~qetic Testing
~PUBLIC' in and foF t--~-~te of
Maryland. My Commission Expires~djt.
~d Nd£[:~O EOOE ~0 'JeN : 'ON XUJ : NO~J
EXHIBIT "B"
Aspen M. Bruinsma
Plaintiff
Joseph Henry Cressler Jr.
Defendant
PFAD Number: NF 1364726W
: TN' ]'HE COURT OF COMMON
: PLEAS
' YORK C01;~TY
: PE.X~'S YLVANIA
CIVIL ACTION - LAW
' N
PROTECTIO.' FP. OM ABUSE
PETITION FOR PROTECTION FROM ABUSE
Plaintiffs name is:
Aspen M. Bruinsma
2. l, (the plaintiff), mm filing this Petition on behalf of:
- myself
Name(s"~ of ALL person(s), including minor children, who seek protection from abuse~
a. Aspen M. Bruinsma
4. Plaintif?s Address is: 28 North York Road, Dilisburg, Pa 17019
5. Defen&mt's Name is:
Joseph He~ry Cressler Jr.
6. Defendant is believed to live at the following address:
43 Meadow Brook Court, New Cumberland, Pa 17070
7. Defendmxfs Social Security, Number is:
183-60-2894
8, De,endants Date of Birth is:
.ho-~,ember 19, 1979
9. Defendar~t's Place ofem~ioyment is:
unemployed
i0.
il.
Defendant is an adult.
The relationship between the Plaintiff and the Defendant is:
Current or former sexuattintimate partner
Persons who live or have lived like spouses
Other relationship by blood or marriage: Pending Blood Test for Paternity of
Child- No ,Name for Father Given
12. The defendant has been in~'oived in a criminal court action.
' ' t currently on probation / parole
13. The de±encmn is not
14. The following other minor child/ten presently live with Plaintiff:
15.
a. Dylan J. Bruinsma Age: 3 months
The Plaintiff's relationship to this child is:
Mother
The facts of the most recent incident of abuse m'e as follows:
On about Tuesday, October 30, 2001 at approximately 10:3'0AM
location: 43 Meadow Brook Court New Cumberland, Pa. 17070
Defendant and plaintiff were in a verbal dispute. Defendant repeatedly called plaintiff
foul names. Plaintiff asked the defendant to stop this behavior or she would leave the
residence. Plaintiff began to pack up her and the babys items. Defendant walked past the
plaintiff and he kicked plaintiff in her back about 3 or 4 times. Plaintiffwas in fear and
pain from ~he defendant attacking her. Defendant started to tear up the the baby pictures
and plaintiff tried to telephone the defendant's mother so she could come and get the
baby. Defendant snatched the phone from the plaintiff and he hang the phone up.
Defendant then disconnected ail other phones in the house. Defendant grabbed the
plaintiff and defendant slammed the plaintiff onto the floor. Plaintiff was still trying to
call for help. Defendant then shoved plaintiff and he threw her on the couch. Defendant
swung a fist toward plaintiff and plaintiff ducked and got up from the couch and ran to
bathroom and got her purse. Plaintiff ran to neighbors house to get help and defendant
16.
17.
18.
19.
20.
2]¸.
would not allow plaintiff back into the home to get her baby. Defendant opened door to
throw a toy out and plaintiff got back into the house because she was worried about her
baby. Defendant's brother was holding the baby and defendant's brother gave the baby
to plaintiff. Plaintiff left again and she went to phone her mother, Plaintiff's mother
drove up to the home and and plaintiff went back inside of home becaue her mother was
there. Plaintiffs mother watched as defendant choked plaintiff: Defendant continued to
push and hit plaintit'f and her mother. Defendant threatened to shoot plaintiff and
plaintiff's mother. Plaintiff and plaintiff's mother both have numerous bruises from
defendant's attack. Later the police were called and defendant was arrested and charged
with Simple Assault, Terroristic threats, harassment aud reeklessy endangering another.
Plaintiff is in fear for her safety and plaintiff states tha~ she is sore all over her body.
Plaintiff was taken to Harrisburg Hospimi to be e×amined because plaintiff just had
surgeD on 10/25/01.
Prior incidents of abuse teat the Defendant has committed against Plaintiff or the minor
child/ren, (including ~y threats, injuries, or incidents of stalking) ,are as follows:
Plaintiff states a few weeks ago the defendant punched plaintiff with his closed fist on her
leg. Plaintiff was in fear and pain and states she was bruised.
Plaintiff is afraid of the defendant and she wants the defendant to stay away from her.
Defendant is out on bail and plaintiff is really afraid defendant will attack her again.
The Defendant has used, or threatened to use, tl~e follov~'ing weapon(s) against the Plaintiff or
the minor child/ren:
a. firearm
The police department(s) or law enforcement agencies that should be provided with a copy of
the protection order are:
Fairview Township Police Department.
There is an immediate and present danger of further abuse from the Defendant.
Plaintiff is asking flxe court to evict and exclude the Defendant fi'om the following residence:
28 1N'orth York Road
Dillsburg, Pa, 17019
Rented By:Plaintiffs Father.
FOR TI'IE REASONS SET FORTH ABOVE, I REQL-EST THAT THE COURT ENTER
A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD
DO THE FOLLO!,¥nlNG:
Restrain Defendant from abusing, threatening, harassing, or staiking
Plaintiff and/or minor child'"ren in any place where Plaintiffmay be found.
Evict/exclude Defkndant fi'om Plaintiff's residence and prohibit DetC2ndant
-~'laintil:.E Defendant, Ycr!~ Coung/Control, PA State Police, ¥or.'( County Sheriff
Aspen M, Bruinsma
Plaintiff
Joseph Henry Crosslet Jr.
Defendant
IN THE COURT OF COMMON
PLEAS
YORK COUNTY,
PENNSYLVANIA
No. 2001SU0551412
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name is: Joseph Henry Cressler Jr.
Defendant's Date of Birth is: November 19, 1979
Defendant's Social Security Number is: 183-60-2894
Name(s) of All protected persons, including Plaintiff and minor children:
1, AspenM. Bruinsma
Appearances by Parties and/or Counsel:
· Plnintiff appeared personally and is unrepresented.
· Defendnnt appeared personally and is unrepresented.
AND NOW, this 8th Day of November, 2001 the court having jurisdiction over the
parties and tl~e subject-matter, it is ORDERED, ADJUDGED and DECREED as
follows:
Upon agreement of the parties for the entry of a consent order, this order will be entered
without any adanission of liability by the defendant m,.d without a finding of abuse by
this court:
Plaintiff's request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiffor any other protected
person in any place where they might be found.
2. Except as provided in Paragraph 4 of this Order, Defendant is prohibited from having
ANY CONTACT with the Plaintiff, or any other person protected under this Order,
at any location, including but not limited to any contact at Plaintiff's school, business,
or place of employement. Defendant is specifically ordered to stay away from the
following locations for the duration of this order.
28 North York Road, Dlllsburg PA 17019
Except as provided in Paragraph 4 of this Order. Defendant shall not contact the
Plaintiff, or any other person protected under this Order, by telephone or by any other
means, including through tb, ird persons. ·
4. Custody of'the following minor children:
1. Dylan J. Bruinsma
shall be as follows:
· Primary physical custody of the minor chlld/ren is awarded to
the Plaintiff.
· Defendant shall have the following partial physical
custody/visitation rights: Visitation/Partial Custody shall be
arranged through Defendant's parent's, Cheri Weakley and
Joseph Cressler, and the Plaintiff
· Defendant and Plaintiffmay have telephone contact ONLY
with regard to custody matters and the welfare of the child.
5. The following additional relief is granted as authorized by §6108 of the Act:
Plaintiff is awarded use and possession of the following personal property:
Plaintiff has provided the Defendant with a list of items of personal property..
Defendant will place those items on the front porch of his residence for the
Plainitff to pick up on Saturday November 10, 2001 at Noon.
Defendant shall contact the ADVANCE Program within seven (7) days from the
date of this Order to arrange for an evaluation for admission into their Anger
Management Program. Defendant shall comply with any recommendation for
treatment resulting from the evaluation and pay for the cost of the evaluation
and the recommended treatment. Defendant shall execute an authorization to
permit ADVANCE to verify to the Court that the defendant has complied with
this Order. The ADVANCE Program is located at 750 Kelly Drive, York, PA
17404; telephone number (717) 852-9706.
The costs of this action are waived as to the Plaintiff and imposed on Defendant, as
follows:
Defendant shall pay the costs of this action to the Treasurer of York County
within 90 days from the date of this Order pursuant to the following instructions.
This Court Order requires you to pay the court costs with respect to a Protection
from Abuse Action (PFA).
The court costs are to be paid to the Treasurer of York Count~', whose office is
located on the 4th Floor of One West Marketway, Continental Square, York, PA
17401; telephone number (717) 771-9603.
It is your responsibility to contact the York County Treasurer's Office to
determine the exact amount of the costs and to make arrangements for payment.
The Treasurer will have the amouut of your costs approximately 48 hours after
the Court has entered its Order directing you to pay PFA costs.
The usual court costs for a PFA Action are approximately $155.00. The costs
may vary from case to case. You may make installment payments so long as the
full amount of costs are paid within the time period set forth tn the Court's
Order.
It is your obligation to notify the York Count~' Treasurer's Office of any change
in you mailing address or place of residence within 48 hours of such change.
The Treasurer's Office only accepts cash, money orders, or certified checks; they
do not accept personal checks,
1HE TREASURER'S OFFICE DOES NOT SEND OUT BILLS. IT IS YOUR
OBLIGATION TO CONTACT THE TREASURER'S OFFICE AND
ARRANGE FOR PAYMENT.
7. A certified copy of this Order shall be provided to the police department where
Plaintiffresides and any other agency specified hereafter:
Fairview Township Police Department
8. THiS ORDER SUPERSEDES:
1. ANT PRIOR PFA ORDER
9. All provisions of this order shall expire on: May 8, 2003
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A
FINE OF UP TO $I,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23
PA.C.S. §6t 14. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND
CRIMINAL PENALTIES UNDER THE pENnSYLVANIA CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE
COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST
WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND
INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBIECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-
2262. IF 'II-IE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER,
YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES
UNDER THE "BRADY" PROVISIONS OF THE GLrN CONTROL ACT, 18 U.S.C.
§922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OK
AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintiffs residence OR any location where a
violafi~,n of this order occurs OR where the defendant may be located, shall enforce this
order. An arrest for violation of Paragraphs 1 through 4 of this order may be without
wan:ant, based soley on probable cause, whether or not the violation is committed in the
presence of the police. 23 Pa.C.S. §6113.
Subsequent to arrest, the police officer shall seize all weapons used or threatened to be
used during the violation of the protection order or during prior incidents of abuse. The
Sheriff of York County shall maintain possession of the weapons until further order of
this CouP.
When the defendant is placed under arrest for violation of this order, the defendant shall
be taken to the appropriate authority or authorities before whom defendant is to be
arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and
signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not
required to file the complaint.
If sufficient grounds for violation of this order are alleged, the defendant shall be
arraigned, bond set and bot~ parties given notice of the date of the hearing.
Stephen P. Linebau[h, ,Judge
Date
If entered pursuant to the consent of plaintiff and defendant:
Plaintiff's Signature
Defendant's Signature
Distrib_u_tj.o_n to:
Plaintiff at 28 North York Road, Dillsburg, PA 17019, Defendant at 43 Meadow Brook Court, New
Cumberland, PA 17070, York County Control, PA State Police, York County Treasurer, York County Sheriff,
Fairview Township Police Department, ACCESS YORK, ADVANCE
RECEIVED
OFFICE OF PROTHONOTARY
NOV 0 8 1.001
COURI'HOUSE
YORK, PA
CERTIFIED from the records of the Court of
Com~ Pleas of Y. ol;k..County, PennsyNania
this_u'-~ day 9f /~ r..u, /~1~ {
Stacia N. Gates, Prothonotary
JEFFREY D. BRUINSMA, and
SYLVIA M. BRUINSMA,
Petitioners
V.
ASPEN M. BRUINSMA and
MICHAEL J. O'NEILL,
Respondents
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
;
02 -//b.I CIVIL TERM
: IN CUSTODY
PETITION FOR SPECIAL RF~IJI~F
AND NOW, this __ day of March 2002, comes the Petitioners, Jeffrey D. and Sylvia
M. Bruinsma, by and through their attorneys, Irwin, McKnight and Hughes, and presents the
following Petition for Special Relief, averring as follows:
The petitioners Jeffrey D. and Sylvia M. Bruinsma, husband and wife, are adult
individuals residing at 28 N. York Rd., Dillsburg, Pennsylvania 17019.
The respondent, Michael J. O'Neill, is an adult individual residing at 206 Hummel
Avenue, Lemoyne, Cumberland County, Pennsylvania 17043.
The respondent, Aspen Made Bminsma, is an adult individual residing on Baltimore
Street, Franklintown, Pennsylvania.
The respondents, Michael J. O'Neill and Aspen Marie Bminsma, are the natural parents
of a minor child, namely, Dylan Joseph Bminsma, bom July 6, 2001. The petitioners Jeffrey D.
and Sylvia M. Bminsma are the maternal grandparents of Dylan Joseph Bruinsma.
Since the minor child's date of birth through January 2002, the petitioners Jeffrey D. and
Sylvia M. Bminsma (hereinafter referred to as "Grandparents") have been the primary caregivers
for the child; the respondent Aspen Marie Bminsma (hereinafter referred to as "mother") has
resided with the Grandparents since the minor child's date of birth.
Although the mother has also resided with the minor child since she lived in the same
household with the Grandparents (her parents), she was not responsible for the care of the minor
child except during the times the Grandparents requested that she care for the minor child.
The Grandparents have provided not only the day to day care for the minor child, but also
the financial stability for the child, providing the majority of food, clothing, diapers, etc., for the
child.
o
While living with the Grandparents, the mother has displayed signs of depression, such as
excessive sleeping, inablity to care for the minor child, especially in the morning, and lack of
ambition or willingness to obtain employment; the mother had previously attempted and
threatened suicide in the past.
o
At the time the minor child was bom, the mother claimed that Joseph Henry Cressler, Jr.,
was the biological father; this was later negated through a paternity test which ruled Michael J.
O'Neill the biological father. Attached as Exhibit "A" is a copy of said paternity findings.
10.
Since the time of the birth of the minor child, the mother lived with Joseph H. Cressler,
Jr. on two separate occassions, one time for one week, and the other for 10 days; while living
with Mr. Cressler, the mother repeatedly called the Grandparents asking for food, diapers,
transportation and to help in the care of the minor child.
11.
On or about October 30, 2001, the mother was at the home of Joseph H. Cressler, Jr.with
the minor child, and an incident occurred which forced the mother to file for a Protection from
Abuse Order. Mr. Cressler was charged with simple assult, terroristic threats, harassment and
recklessly endangering another. At that time, the identity of the father was not yet known.
Attached as Exhibit "B" is a copy of the Protection from Abuse Order.
12.
Since the Protection from Abuse Order was entered, the respondent continues to see
Joseph H. Cressler, Jr., and often takes the minor child with her, knowing that Mr. Cressler is not
the child's father, and also knowing that a protection from abuse order is in place against him.
13.
Beginning in January, 2002, the biological father, Michael J. O'Neill, began seeing the
minor child on a regular basis, agreeing with the mother to a shared physical custody
arrangement. The arrangement, however, was carded through while the mother lived with
Grandparents, and Grandparents again were the primary caregivers while the minor child was in
their home.
14.
On or about Monday, February 25, 2002, mother became angry with Grandparents and on
Wednesday, February 27, 2002, removed her belongings from Grandparent's home and moved in
with another woman in Franklintown.
15.
The Grandparents are unaware of who mother is living with, and mother is now spending
time with the minor child away from Grandparents.
16.
The mother has threatened to take the minor child away from the Grandparents stating
that they would never see the child again.
17.
Due to the mother's instability, and her inability to care for either herself or the minor
child, the Grandparents believe and therefore aver that while the minor child is with the mother,
the child may be in danger of neglect and/or abuse.
18.
Since the birth of the minor child, Grandparents have been the primary caregivers of the
child, provided a home and stability for the child, and has acted in loeo parentis for the minor
child.
19.
The respondent has demonstrated an inability to properly care for the minor child, both
physically and financially, and has placed the minor child in compromising situations.
20.
Grandparents aver, and therefore believe that the best interests and permanent welfare of
the minor child will be served by granting Grandparents physical custody of the minor child with
times of partial physical custody to the biological father and mother, at times and places as
agreed upon among the parties.
WHEREFORE, the petitioners, Jeffrey D. and Sylvia M. Bruinsma, respectfully request
that they be granted the special relief requested and be granted primary physical custody of
Dylan Joseph Bminsma until a full hearing on the merits can be held.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
Date: March 5, 2002
60 West Pomfret Street
Carlisle, Pennsylvania 17013
Supreme Court I.D. No 67212
Attorney for Petitioners,
Jeffrey and Sylvia Bruinsma
VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unswom falsification to authorities.
Date: ~/~-- ,2002
EXHIBIT "A"
In the Court of Common Pleas of DAUPHIN
DOMESTIC RELATIONS SECTION
County, Pennsylvania
ASPEN BRUINSM~
¥$.
Plaintiff
Dff~ar.~mt
Docket Number
PACSES Case Numbcr
State ID Number
01954-DR-01
999103790
N~OTICE OF RIGHT TO TRIAL ON_ISSUE OF PATERNITy
The defendant has not acknowledged paternity of the child,
DXLAN BRUINSMA , born on ~-~y s, 2001
You are hereby advised of your rights to (1) a trial on the issue of paternity and (2) an
attorney tO represent you on the issue of gaternity and)n any support proceedings. If the court
determines that you are indigent, and you request it, an.?ttomey will be provided to represent
you on the issue of paternity only.
The trial shall be without jury.
Date:
Conference Officer
~ aoknowledge receipt of a copy of this notice this 21s? DAY' OF SEP'I'~['~-R, 2001
Sen, ice Type M
Font, PE-O 13
Worker ID 22117
Ed NdTI:~O EOOE bO 'sen : 'ON ×UA :
County, Pennsylvania
· ?' In the Court of Common Pleas of DAUPHIN
DOME~/~C R'EL&TIO~$ SECTION
PO BOX 67~ HARRI,~U~G, PA. 171fl8
Phone: (717}
Fax: 0'17) 255-2762
NOVRMB~R 19, 2001
Plaintiff Name: ~zP~N Bavx~stnn
Defendant Name: NICF~A~r. ONEILL
Docket Number: O~-O~-O~
PACS~S C~ Number: ~szo~Tso
O~er $m~ ID Number:
Genetic TestJResulta
~FEN B~UiNSNA
26 N YORK ]~D
DILLSBURG PA 17019-9539
DearASPEN BRUINSMA
Enclosed please find copies of the resul~ of the Genetic tes~ which were taken on
zo/2]/oz
Thc defendant has not been excluded as the fa~er of
DYLAN BRUINSMA, 99.99%. YOU~ CASE HAS B2EN
TRANSFERRED TO OUR STAFF ATTOPA~Y, SH~ILA
BRITT TO DO A RULE TO SHOW CAUSE TO THE
DRFENDAh'T. YOUI~ PATE~NITYT]gST.~SULTSAR$
RNCLOSED.
0 The defendant has been excluded as the father of
Sincerely,
S~rvice Type M
J0~M~ ~. G*RI~PzTIiB
Forn! PE-0/3
Worker ID 22810
£d Wd~T:~O ~00~ ~0 '~eW : 'ON ×~ : HO~
;-%
Domestir .r,,-,
Relations Division
Dauphin County
P.O. Box 1295
Harrisburg, PA 17108
BRT LABORATORIES, ][NC:
· -
400 WEST FRANKLIN liT. · BALTIMORE, MD 21201 · 0-225-9595 · FAX 410-383-0938.
Report Date: 11-13-2001
Client #: (195~ DR 01)
IV-D #: (999103790)
Labo #: L-87011
F~: 21 · '' ':'" .... '2i/~4"" ' ....... ' 2 ....
! . .D8S1~79: · 't4. ...v... :.~..:.;:.;:.[.:.,... ..... ~j~,.: ' . ....' ~/24 . .' "::"'." : "~"~:~'~
supervisors, Y s~orn, have
phe~notypes determined for the individuals na~med herein,
Te
: 'ON
Maryland. My Commission Expires
~' NOTARY~
PUBLIC
: WO~J
Aspen M. Bruinsma
Plaintiff
Joseph Hem~y Cressler Jr.
Defendant
PFAD Number: NF 1364726W
: IN THECOURT OF COMMON
: PLEAS
: YORK COUNTY,
: PENNSYLVANIA
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
:
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
Aspen M. Bruinsma
2. I, (the plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Aspen M. Bruinsma
Plaintiff's Address is ' 28 North York Road, Dilisburg, Pa 17019
Defendant's Name is:
Joseph Hehry Cressler Jr.
Defend;mt is believed to live at the following address:
43 Meadow Brook Court, New Cumberland, Pa 17070
7. Defendant's Social Security Number is:
183-60-2894
8. Defendant's Date of Birth is:
No,vember 19, 1979
9. Defendant's Place of employment is:
unemployed
10.
11.
Defendant is an adult.
The relationship between the Plaintiff and the Defendant is:
Current or former sexual/intimate partner
Persons who live or have lived like spouses
Other relationship by blood or marriage: Pending Blood Test for Paternity of
Child- No Name for Father Given
12. The defendant has been involved in a criminal court action.
13. Tlxe defendant is not currently on probation / parole
14. The following other minor child/ren presently live with Plaintiff:
Dylan J. Bruinsma
Age: 3 months
"['he Plaintiff's relationship to this child is:
Mother
15. The fhcts of the most recent incident of abuse are as follows:
On about Tuesday, October 30, 2001 at approximately 10:30AM
location: 43 Meadow Brook Court New Cumberland~ Pa. 17070
Defendant and plaintiff were in a verbal dispute. Defendant repeatedly called plaintiff
foul names. Plaintiff asked the defendant to stop this behavior or she would leave the
residence. Plaintiff began to pack up her and the babys items. Defendant walked past the
plaintiff and he kicked plaintiff in her back about 3 or 4 times. Plaintiff was in fear and
pain from the defendant attacking her. Defendant started to tear up the the baby pictures
and plaintiff tried to telephone the defendant's mother so she could come and get the
baby. Defendant snatched the phone from the plaintiff and he hung the phone up.
Defendant then disconnected all other phones in the house. Defendant grabbed the
plaintiff and defendant slammed the plaintiff onto the floor. Plaintiff was still trying to
call for help. Defendant then shoved plaintiff and he threw her on the couch. Defendant
swung a fist toward plaintiff and plaintiff ducked and got up from the couch and ran to
bathroom and got her purse. Plaintiff ran to neighbors house to get help and defendant
16.
17.
would not allow plaintiff back into the home to get her baby. Defendant opened door to
throw a toy out and plaintiff got back into the house because she was worried about her
baby. Defendant's brother was holding the baby and defendant's brother gave the baby
to plaintiff. Plaintiff left again and she went to phone her mother; Plaintiff's mother
drove up to thc home and and plaintiff went back inside of home becaue her mother was
there. Plaintiffs mother watched as defendant choked plaintiff. Defendant continued to
push and hit plaintiff and her mother. Defendant threatened to shoot plaintiff and
plaintiff's mother. Plaintiff and plaintiff's mother both have numerous bruises from
defendant's attack. Later the police were called and defendant was arrested and charged
with Simple Assaulh Terroristic threats, harassment and recklessy endangering another.
Plaintiff is in fear for her safety and plaintiff states that she is sore all over her body.
Plaintiff was taken to Harrisburg Hospital to be examined because plaintiff just had
surgeD' on 10/25/01.
Prior incidents of abuse teat the Defendant l~as committed against Plaintiff or the minor
child/ten, (including any threats, injuries, or incidents of stalking) are as follows:
Plaintiffstates a few weeks ago the defendant punched plaintiffwith his closed fist on her
leg. Plaintiff was in fear and pain and states she was bruised.
Plaintiff is afraid of the defendant and she wants the defendant to stay away from her.
Defendant is out on bail and plaintiff is really afraid defendant will attack her again.
The Delkzndant has used, or threatened to use, tt~e following weapon(s) against the Plaintiff or
the minor child/rem
a. firearm
18. The police department(s) or law enforcement agencies that should be provided with a copy of
the protection order are:
Fairview Township Police Department.
! 9. ~ere is an immediate and present danger of fi~rther abuse from the Defendant.
20. Plaintiff is asking ~e com~ to evict and exclude the Defendant from the following residence:
28 North York Road
Dillsburg, Pa, 17019
21.
Rented By:Plaintiffs Father.
FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER
A TEMPORARY ORDER, and AFTER HEARING, A FII~AL ORDER THAT WOULD
DO THE FOLLOWING:
Restrain Defendant fi'om abusing, threatening, harassing, or stalking
Plaintiff' and/or minor child/ren in any place where Plaintiff may be found.
Evict/exclude Defbndant from Plaintiffs residence rind prohibit Delkndant
D[sribut]en to:
BY THEJ~~
tepl~en P. Lineba.ugh, Judge
Plamtr~:., Defendant, York County Control, PA State Police, York Courtry Sheriff
· . Aspen M. Bruinsma
Plaiatiff
Joseph Henry Cressler Jr.
Defendant
IN THE COURT OF COMMON
PLEAS
YORK COUNTY,
PENNSYLVANIA
No. 2001SU0551412
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
HNAL ORDER OF COURT
Defendant's Name is: Joseph Henry Cressler Jr.
Defendant's Date of Birth is: November 19, 1979
Defendant's Social Security Number is: 183-60-2894
Name(s) of All protected persons, including Plaintiff and minor children:
1, Aspen M. Bruinsma
Appearances by Parties and~or Counsel:
· Plaintiff appeared personally and is unrepresented.
· Defendant appeared personally and is unrepresented.
AND NOW, this 8th Day of November, 2001 the court having jurisdiction over thc
parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as
follows:
Upon agreement of the parties for the entry of a consent order, this order will be entered
without any admission of liability by the defendant and without a finding of abuse by
this court:
Plaintiff's request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiffor any other protected
person in any place where they might be found.
2. Except as provided in Paragraph 4 of this Order, Defendant is prohibited from having
ANY CONTACT with the Plaintiff, or any other person protected under this Order,
at any location, including but not limited to any contact at Plaintiffs school, business,
or place of employernent. Defendant is specifically ordered to stay away from the
following locations for the duration of this order.
28 North York Road, Dlllsburg PA 17019
Except as provided in Paragraph 4 of this Order, Defendant shall not contact the
Plaintiff, or any other person protected under thi, Order, by telephone or hy any other
means, including through third persons.
4. Custody of the following minor children:
1. Dylan J. llruinsma
shall be as follows:
· Primary physical custody of the minor chlld/ren is awarded to
the Plaintiff.
· Defendant shall have the following partial physical
custody/visitation rights: Visitation/Partial Custody shall be
arranged through Defendant's parent's, Cheri Weakley and
Joseph Cressler, and the Plaintiff
· Defendant and Plainflffmay have telephone contact ONLY
with regard to custody matters and the welfare of the child.
The following additional relief is granted as authorized by §6108 of the Act:
Plaintiff is awarded use and possession of the following personal property:
Plaintiff has provided the Defendant with a list of items of personal property..
Defendant will place those items on the front porch of his residence for the
Plainitff to pick up on Saturday November 10, 2001 at Noon.
Defendant shall contact the ADVANCE Program within seven (7) days fr°m the
date of this Order to arrange for an evaluation for admission into their Anger
Management Program. Defendant shall comply with any recommendation for
treatment resulting from the evaluation and pay for the cost of the evaluation
and the recommended treatment. Defendant shall execute an authorization to
permit ADVANCE to verify to the Court that the defendant has complied with
this Order. The ADVANCE Program is located at 750 Kelly Drive, York, PA
17404; telephone number (717) 852-9706.
The costs of this action are waived as to the Plaintiffand imposed on Defendant, as
follows:
Defendant shall pay the costs of this action to the Treasurer of York County
within 90 days from the date of this Order pursuant to the following instructions.
This Court Order requires you to pay the court costs with respect to a Protection
from Abuse Action (PFA).
The court costs are to be paid to the Treasurer of York County, whose office is
located on the 4th Floor of One West Marketway, Continental Square, York, PA
17401; telephone number (717) 771-9603.
It is your responsibility to contact the York County Treasurer's Office to
determine the exact amount of the costs and to make arrangements for payment.
The Treasurer will have the amount of your costs approximately 48 hours after
the Court has entered its Order directing you to pay PFA costs.
The usual court costs for a PFA Action'are aPproximately $155.00. The costs
may vary from case to case. You may make installment payments so long as the
full amount of costs are paid within the time period set forth in the Court's
Order.
It is your obligation to notify the York County Treasurer's Office of any change
in you mailing address or place of residence within 48 hours of such change.
The Treasurer's Office only accepts cash, money orders, or certified checks; they
do not accept personal checks.
THE TREASURER'S OFFICE DOES NOT SEND OUT BILLS. IT IS YOUR
OBLIGATION TO CONTACT THE TREASURER'S OFFICE AND
ARRANGE FOR PAYMENT.
7. A certified copy of this Order shall be provided to the police department where
Plaintiffresides and any other agency specified hereai~er:
Fairview Township Police Department
8. THIS ORDER SUPERSEDES:
1, ANY PRIOR PFA ORDER
9. All provisions of this order shall expire on: May 8, 2003
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A
FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23
PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND
CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE
COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST
WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND
INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-
2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER,
YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES
UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C.
§922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR
AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintiffs residence OR any location where a
violation of this order occurs OR where thc defendant may be located, shall enforce this
order. An arrest for violation of Paragraphs 1 through 4 of this order may be without
warrant, based soley on probable cause, whether or not the violation is committed in the
presence of the police. 23 Pa.C.S. §6113." ·
Subsequent to arrest, the police officer shall seize alt weapons used or threatened to be
used during the violation of the protection order or during prior incidents of abuse. The
Sheriff of York County shall maintain possession of the weapons until further order of
this Court.
When the defendant is placed under arrest for violation of this order, the defendant shall
be taken to the appropriate authority or authorities before whom defendant is to be
arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and
signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not
required to file the complaint.
If sufficient grounds for violation of this order are alleged, the defendant shall be
arraigned, bond set and both parties given notice of the date of the hearing.
Stephen P. Linebau~h,/Judge
Date
If entered pursuant to the consent of plaintiff and defendant:
Plaintiffs Signature
Defendant's Signature
Di stri.b_ u_tj.o .n. to:
Plaintiff at 28 North York Road, Dillsburg, PA 17019, Defendant at 43 Meadow Brook Court, New
Cumberland, PA 17070, York County Control, PA State Police, York County Treasurer, York County Sheriff,
Fairview Township Police Department, ACCESS YORK, ADVANCE
RECEIVED
OFFICE OF PROTHONOTARY
C.,OURTHOUSE
YORK, PA
CERTIFIED from the records of the Court of
Comm.~.,l~. Pleas of Y~o~k~ ~/ounty, Pennsylvania
Stacia N. Gates, Prothonotary
'1
JEFFREY D. BRUINSMA AND SYLVIA M.
BRUINSMA
PLAINTIFF
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND cOUNTY, PENNSYLVANIA
02-1161 CIVIL ACTION LAW
ASPEN M. BRUINSMA AND MICHAEL J.
O'NEILL DEFENDANT
: IN CUSTODY
AND NOW, Wednesday, March 13, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 17, 2002 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older 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 hearing.
FOR THE COURT,
By: /s/ facqueline M. Verney. Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabihtes 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
JEFFREY D. BRUINSMA
and SYLVIA M. BRUINSMA,
Plaintiffs
ASPEN M. 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 14th day of March, 2002, upon consideration of the Petition for
Special Relief filed by Jeffrey D. Bruinsma and Sylvia M. Bruinsma, the action is
referred to the custody conciliation process, and the Cumberland County Court
Administrator is requested to facilitate the referral.
BY THE COURT,
~ebecca R. Hughes, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiffs
~spen Marie Bruinsma
Baltimore Street
Franklintown, PA 17323
Defendant, Pro Se
J esleyOler, , '
~l~ichael J. O'Neill
206 Hummel Avenue
Lemoyne, PA 17043
Defendant, Pro Se
Cumberland County
Court Administrator
JEFFREY D. BRUINSMA, and
SYLVIA M. BRUINSMA,
Petitioners
ASPEN M. BRUINSMA and
MICHAEL J. O'NEILL,
Respondents
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
CIVIL ACTION - LAW
._
02 - 1161 CIVIL TERM
:
:
IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Petition for Special Relief, it is hereby
ORDERED and DIRECTED that a hearing shall be held on ~"'~t.~ a?~ 2002, in
Courtroom No. / at J :Or9 o'clock, [ Cumberland County Courthouse, Carlisle,
Pennsylvania.
.~o 0 U..[ .... id ...... ~,, ~,,~ v~[m~,-,.. *,4er- r~e,Y..D_~, and Sylv.]y. ia.M:-Br~sma, snail have primary
"play4ical custodyrrlLD~-'~hm- J. ~ ' '
· ,~mn~ma, and Aspen M. B~,.~;;.:rn_~ ohall return the minor child to
qhe home nf Yef~zy D: ,md Sylvia M. t~ttgms~__'~.
BY THE COURT,
MAY 0 2 2002
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA,
Plaintiffs
V.
ASPEN M. BRUINSMA and
MICHAEL J. O'NEILL,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-1161 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 2, ~ day of ['q//,, ) ,2002, upon
consideration of the attached Custody Conciliation R4port, it is ordered and directed as
follows:
1. The Father, Michael J. O'Neill and the Mother, Aspen M. Bruinsma, shall
have shared legal custody of Dylan Joseph Bruinsma, born July 6, 2001. Each parent
shall have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Child's general well-being including, but not
limited to, all decisions regarding his health, education and religion.
2. Mother and Father shall share physical custody of the child on a four (4)
day alternating schedule with Father having the first four day period beginning May 1,
2002 and alternating thereafter, except as set forth hereinafter.
3. The Grandparents, Jeffrey D. Bruinsma and Sylvia M. Brninsma, shall
have partial physical custody of the Child on the second full weekend of every month
from Friday at 10:00 a.m. to Sunday at 5:00 p.m.
4. Mother shall have physical custody of the child on Mother's Day; Father
shall have physical custody of the children on Father's Day.
5. The Christmas holiday shall be divided into two blocks. Block A shall be
from 12:00 noon Christmas Eve tmtil 12:00 noon Christmas Day and Block B shall be
from 12:00 noon Christmas Day to 12:00 noon December 26. Father shall have Block A
in even numbered years and Block B in odd numbered years. Mother shall have Block B
in even numbered years and Block A in odd numbered years.
6. 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.
8. 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.
9. Grandparents shall be responsible for all transportation for their periods of
physical custody. Father shall be responsible for all other transportation unless otherwise
agreed by the parties.
10. 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,
cc: Rebecca R. Hughes, Esquire, Counsel for Grandparents
Aspen M. Bruinsma, pro se
205 Stone Jug Road
Lewisberry, Pa 17339
Michael J. O'Neill, pro se
206 Hummel Avenue
Lemoyne, Pa 17043
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA,
Plaintiffs
V.
ASPEN M. BRUINSMA and
MICHAEL J. O'NEILL,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 2002-1161 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: IN CUSTODY
PRIOR JUDGE: J. Wesley Oler, Jr., J.
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
Dylan Joseph Bminsma
DATE OF BIRTH CURRENTLY IN CUSTODY OF
July 6, 2001 Mother
2. A Conciliation Conference was held in this matter on May 1, 2002, with
the following individuals in attendance: The Grandparents, Jeffrey D. Bminsma and
Sylvia M. Bminsma, with their counsel, Rebecca R. Hughes, Esquire, the Father, Michael
J. O'Neill, pro se, and the Mother, Aspen M. Bminsma, pro se.
3. The parties agreed to entry of an Order in the form as attached.
Date
~6cql~line M. Vemey, Esquire
Custody Conciliator
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA,
Plaintiffs
Vo
ASPEN M. 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 22nd day of May, 2002, upon consideration of the attached letter
from Rebecca R. Hughes, Esq., attorney for Plaintiffs, the hearing previously scheduled
in the above matter for May 22, 2002, is cancelled.
BY THE COURT,
~ebecca R. Hughes, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiffs
~tAspen M. Bminsma
28 N. York Road
Dillsburg, PA 17019
Defendant, Pro Se
J~esley ~e,r~)Jr., c~ j.
/Michael J. O'Neill
206 Hummel Avenue
Lemoyne, PA 17043
Defendant, Pro Se
:rc
~Y-22-2002
FROM-IRWIN, ~CKNIGHT & HUGHES LAW OFFICES +7172496354
LAW OFFICES
[R WTN MeKNICHT & HUGHES
T-158 P.OOZ/O02 F-259
kO(ER ~. IR~VIN
3AME~ D. NU~Hff.~
W£~T POJbfFRET lOROFE~$1ONAL
60 ~VEST POMPRET STREET
C~RUSL£ PL~#$YL VANIA 17013.3222
(717) 249-2353
~.-MAIL.. IMHL~ W~SUPERNET, COM
May 22, 2002
VL4 FAC,.VlMI~.I; ONL Y 240-64K ~.
TI~ HONORABLE J, WESLEY OLER, JR.
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE ~QUARE
CARLISLE, PA 17013
RE:
v.
NO: 2002-1161 CIVIL T~RM
IN CUSTODY
Dear Judge Oler:
A conciliation was previously held in the above-referenced matter and the stability of the
mother wa~ yet to be det~,iilned. Up to this point the mother has shown stability to care for the
child. Therefore, thc Petition for Special Relief is no longer needed and the hearing set for
today, May 22, 2002, at 2:00 p.m. should bc canceled.
Thank you for your kind attention to this matter.
Very truly yours,
IRWIN, McKNIGHT & FIUGHHS
RRH:clc
cc: Mr. and M~..Ioffroy D. Bruh~ma
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA,
Plaintiffs
VS,
ASPEN M. BRUINSMA and
MICHAEL J. O'NEILL,
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-1161 CIVIL TERM
IN CUSTODY
PETITION FOR LEAVE TO INTERVENE AS A PARTY
AND NOW comes John P. O'Neill and Barbara O'Neill, his wife, and petitions the
court for leave to intervene as a party in the above-captioned matter, based upon the,
following:
1. The Petitioners herein are John P. O'Neill and Barbara O'Neill, his wife, adult
individuals who reside at 206 Hummel Avenue in Lemoyne, Cumberland County,
Pennsylvania.
2. The Petitioners are the parents of Michael J. O'Neill one of the Defendants in
the above matter. As such, they are the paternal grandparents of the child who is the
subject of this action, Dylan Joseph Bruinsma, age 2, born 6 July 2001.
3. The Petitioners have standing to participate in this action because they have
stood in the place of a parent of the child, as a matter of law and fact, in the following
ways:
A. Since the above order was entered, the child has spent
approximately 50% of his time in their home and in their custody while the
child's father was not available to provide care for him.
B. The Petitioners have performed all of the parental responsibilities
regarding the child during the times that he has lived in their home and in
their custody, including parental supervision, physical care, and the like.
4. The Petitioners believe it is in the best interest of the child that they particil~ate
as a party in this litigation. The Plaintiffs and the Defendant Michael J. O'Neill have
signed joinders in which they request the court to grant Petitioners leave to intervenb as
a party in this litigation. Copies of the Joinders are attached and marked collectively as
Exhibit A.
WHEREFORE, Petitioners pray this court to grant them leave to intervene as parties
in this litigation to establish an order of custody which is in the best interest of the minor
child who is the subject of this litigation.
Attorney for Petitioners
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
VERIFICATION
verify that the statements made in this document are true and correct.
understand that any false statements in this document are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
Date:
VERIFICATION
verify that the statements made in this document are true and correct. I
understand that any false statements in this document are subject to the penalties of 18
Pa. C.S. 4904 unsworn falsification to authorities).
Date:
Barbara O'Neill
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA,
Plaintiffs
VS,
ASPEN M. BRUINSMA and
MICHAEL J. O'NEILL,
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-1161 CIVIL TERM
IN CUSTODY
CONSENT AND JOINDER
The undersigned, Michael J. O'Neill, father of Dylan Joseph Bruinsma, born 6
July 2001, hereby consents to the intervention of John P. O'Neill and Barbara O'Neilllas
parties in this action and joins in their request that they be granted leave to do so.
Date:
Mich~el~Neill
COMMONWEALTH OF PENNSYLVANIA )
( SS.:
COUNTY OF CUMBERLAND )
On this, the ~-/ day of ~ , 2003, before me, a Notary Public,
the undersigned officer, personally appeared MICHAEL. J. O'NEILL known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instru ~ent,
and acknowledged that said person executed the same for the purposes therein cont ~ined,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SE L
AMY U. ItARNINS, NOTARY ~UBLI~
LEMOYNE BORO., CUMBERLAND COUN1Y
MY COMMISSION EXPIRES JAN..51, 200.5
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA,
Plaintiffs
VS.
ASPEN M. BRUINSMA and
MICHAEL J. O'NEILL,
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-1161 CIVILTERI~
IN CUSTODY
CONSENT AND JOINDER ,
The undersigned, Jeffrey D. Bruinsma and Sylvia U. Bruinsma, the Plaintiffs inithe
above matter and the maternal grandparents of Dylan .Joseph Bruinsma, born 6 '
July 2001, hereby consent to the intervention of John P. O'Neill and Barbara O'Neill ~s
parties in this action and joins in their request that the court granted them leave to
intervene as parties in this litigation.
~"e~r~y D. Bruinsma
SylVia M. Bruinsma ' ~
COMMONWEALTH OF PENNSYLVANIA )
( SS.:
COUNTY OF CUMBERLAND )
the undersigned officer, personally appeared JEFFREY D. BRUINSMA known to me (qr
satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that said person executed the same for the purposes therein contiined.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Pul~lic
COMMONWEALTH OF PENNSYLVANIA )
( SS.:
COUNTY OF CUMBERLAND )
On this, the '-7 ~/~ day of ~C~ , 2003, before me, a Notary Public,
the undersigned officer, personally appeared SYLVIA M. BRUINSMA known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that said person executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA,
Plaintiffs
VS,
ASPEN M. BRUINSMA and
MICHAEL J. O'NEILL,
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-1161 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW this day of ,2003, upon
consideration of the attached Petition for Emergency Relief, primary physical custody Df the
minor child, Dylan Joseph Bruinsma born July 6, 2001 is hereby awarded to the Plainiiffs,
Jeffrey D. Bruinsma and Sylvia M. Bruinsma, pending further order of this court. Thei
parties are directed to proceed to a conference with the conciliator at the first available
date.
Pending further order of court, primary physical custody of the minor child is hereby
awarded to the Plaintiffs, Jeffrey D. Bruinsma and Sylvia M. Bruinsma.
BY THE COURT,
DISTRIBUTION:
Jeffrey D. Bruinsma (Plaintiff)
28 North York Road, Dillsburg, PA 17019
Sylvia M. Bruinsma (Plaintiff)
28 North York Road, Dillsburg, PA 17019
Aspen M. Bruinsma (Defendant)
1411 Ethan Street, York, PA
Michael J. O'Neill (Defendant)
206 Hummel Avenue, Lemoyne, PA 17043
Samuel L. Andes, Esquire (Attorney for Petitioners)
525 North 12th Street, Lemoyne, PA 17043
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA,
Plaintiffs
VS,
ASPEN M. BRUINSMA and
MICHAEL J. O'NEILL,
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-1161 CIVIL TERM
IN CUSTODY
PETITION FOR EMERGENCY RELIEF AND FOR MODIFICATION OF CUSTODY ORQER
AND NOW comes the above-named Plaintiffs, and the Defendant Michael J. O'Neill
and petition the court for emergency relief and to modify its last order of custody in this
matter, based upon the following:
1. The Petitioners herein are the Plaintiffs and the Defendant Michael J. O'Neill.
The Respondent is the Defendant Aspen M. Bruinsma.
2. The Defendants are the parents of one minor child, Dylan Joseph Bruinsma,i age
2, born 6 July 2001. The Plaintiffs are the maternal grandparents of the child.
3. The paternal grandparents of the child, John P. O'Neill and Barbara O'Neill, ~re
filing a Petition for Leave to Intervene as parties in this matter contemporaneously with the
filing of this Petition. Petitioners herein believe that the said John P. O'Neill and Barb~ara
O'Neill stand as parents of the child and have full standing to participate in this litigatfon as
parties.
4. This court entered an order on 2 May 2002 which, among other things, aw~arded
primary physical custody to the Defendants on an equal basis, and awarded the Plaintiffs
one weekend of custody each month. A copy of that order is attached hereto and marked
as Exhibit A.
5. Since the entry of that order, the circumstances in this case have changed,
significantly as a result of which the order for custody should be changed. The changes
and circumstances have included the following:
A. The Defendant/Mother, Aspen M. Bruinsma, has left the child for
long periods of time with the Plaintiffs; and
B. The Defendant/Mother has failed to provide a suitable or stable
home for the child, having moved repeatedly since the order was entered; and
C. The Defendant/Mother has lived with a series of people, and had the
child in the presence of a series of people, who do not represent suitable
contact for the child; and
D. The Defendant/Mother has failed to provide for the emotional,
physical and other needs of the child and has exposed him to unfavorable
living conditions; and
E. The Defendant/Mother, by her conduct, has demonstrated an
inability to properly care for the child and to provide a suitable and stable
home for the child.
As a result of these circumstances, Petitioners believe the best interest of the child will be
served by awarding primary physical custody of the child to Plaintiffs and to the
Defendant's parents, John P. O'Neill and Barbara O'Neill.
6. Petitioners seek the entry of an emergency order in this matter, for the follo~ving
reasons:
A. Defendant/Mother's conduct and living circumstances represent a
present risk of harm to the child; and
B. Defendant/Mother has demonstrated, by her mental health problems
in the past, and inability to provide a suitable and stable home for, or suitable
and stable care for, the child; and
C. When custody litigation was initiated originally in this matter, the
Defendant/Mother disappeared with the child and kept him from any contact
with the other members of the family who are involved with the child; and
D. Defendant/Mother has made threats to disappear with the child and
prevent Plaintiffs from ever seeing the child again.
As a result of the above circumstances and actions, Plaintiffs believe that Defendant
represents present danger to the child and a present danger of flight and requests this court
to enter an emergency order awarding Plaintiffs temporary custody of the child until this
matter can be heard by the conciliator or by the court.
7. Petitioners believe that the best interest of the child will be served by awarding
custody of the child on an emergency basis to the Plaintiffs.
WHEREFORE, Petitioners prays this court to modify its order of 2 May 2002 to
award primary physical custody of the minor child to the maternal and paternal
grandparents and, pending any further proceedings in this matter, to award temporary
custody of the child to the Plaintiffs.
Sa m u---'~T~.. Andes
Attorney for Petitioners
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
VERIFICATION
I verify that the statements made in this document are true and correct.
understand that any false statements in this document are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
MIC HA~3'rN EILL
VERIFICATION
I verify that the statements made in this document are true and correct,
understand that any false statements in this document are subject to the penalties of '18
Pa, C.S. 4904 (unsworn falsification to authorities).
Date:
SYLVIA I~. BRUINSMA
VERIFICATION
I verify that the statements made in this document are true and correct.
understand that any false statements in this document are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
Date:
J~f~E~' ~.. BRUINSMA
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA,
Plaintiffs
VS,
ASPEN M. BRUINSMA and
MICHAEL J. O'NEILL,
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-1161 CIVILTERM!
IN CUSTODY
CONSENT AND JOINDER
The undersigned, Michael J. O'Neill, father of Dylan Joseph Bruinsma, born 6
July 2001, hereby consents to the intervention of John P. O'Neill and Barbara O'Neill! as
parties in this action and joins in their request that they be granted leave to do so.
Date:
I
COMMONWEALTH OF PENNSYLVANIA )
( SS.:
COUNTY OF CUMBERLAND )
On this, the ~J"} day of ~ , 2003, before me, a Notary Public,
the undersigned officer, personally appeared MICHAEL J. O'NEILL known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that said person executed the same for the purposes therein contai~ned.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary P(~J31ic
NOTARIAL SEAL '~
~O~E BORO., CUUBER~ND COU~2oO~ ~/
~ ~UM~SS~ON ~P~RES JAN. ~l,
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA,
Plaintiffs
VS,
ASPEN M. BRUINSMA and
MICHAEL J. O'NEILL,
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION ~ LAW
NO. 2002-1161 CIVIL TERI~
IN CUSTODY
CONSENT AND JOINDER
The undersigned, Jeffrey D. Bruinsma and Sylvia M. Bruinsma, the Plaintiffs in Ihe
above matter and the maternal grandparents of Dylan Joseph Bruinsma, born 6
July 2001, hereby consent to the intervention of John P. O'Neill and Barbara O'Neill ajs
parties in this action and joins in their request that the court granted them leave to ~
intervene as parties in this litigation.
(f'e~r'~y D. Bruinsma
Date:
~l~ia M. Bruinsma '
COMMONWEALTH OF PENNSYLVANIA )
( SS.:
COUNTY OF CUMBERLAND )
Onthis, the~--l"~L~q dayof ~~ ,2003, beforeme, a Notary Public,
the undersigned officer, personally appeared JEFFREY D. BRUINSMA known to me (ok
satisfactorily proven) to be the person whose name is subscribed to the within instru[ 3ent,
and acknowledged that said person executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA )
( SS.:
COUNTY OF CUMBERLAND )
J AMY M. NAI~KtNS, NOTARY PUBLIC
~2005
On this, the "7 ~ day of ~)C~I~'~-~" , 2003, be,ore me, a Notary Publilc,
the undersigned officer, personally appeared SYLVIA M. BRUINSMA known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrurdent,
and acknowledged that said person executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA,
Plaintiffs
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COIJNTY, PENNSYLVANIA
ASPEN M. BRU1NSMA and
MICHAEL J. O'NEILL,
Defendants
CIVIL ACTION - LAW
NO. 02-1161 CIVIL TERM
1N RE: PETITION FOR LEAVE TO INTERVENE AS A PARTY
ORDER OF COURT
AND NOW, this 15th day of October, 2003, upon consideration of the above
petition, a Rule is issued upon all parties to show cause why the relief requested should
not be granted.
RULE RETURNABLE within 15 days from the date of this order.
BY THE COURT,
j , ~~~
~J'effrey D. Bminsma
Sylvia M. Bminsma
28 North York Road
Dillsburg, PA 17019
Plaintiffs, Pro Se
,/~spen M. Bminsma
1411 Ethan Street
York, PA
Defendant, Pro Se
}0-1 b-a3
~ichael J. O'Neill
206 Hummel Avenue
Lemoyne, PA 17043
Defendant, Pro Se
v/Samuel L. Andes, Esq.
525 N. 12~ Street
Lemoyne, PA 17043
Attorney for Petitioners
g/Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
irc
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA,
Plaintiffs
VS.
ASPEN M. BRUINSMA and
MICHAEL J. O'NEILL,
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-1161 CIVILTERM
IN CUSTODY
MOTION TO MAKE RULE ABSOLUTE
AND NOW come John P. O'Neill and Barbara O'Neill, by their attorney,
Samuel L. Andes, and move the court to make absolute the Rule it issued in this matter
on 15 October 2003, based upon the following:
1. The moving parties herein are John P. O'Neill and Barbara O'Neill, his wife, who
petitioned for leave to intervene as parties in this matter in a petition filed on 13 October
2003.
2. The responding parties are Jeffrey D. Bruinsma and Sylvia M. Bruinsma, the
Plaintiffs in this matter, Michael J. O'Neill, one of the original Defendants, and Aspen M.
Bruinsma, the other original Defendant.
3. In response to the petition of the O'Neills, this court issued a Rule to Show
Cause on all parties why the relief requested therein should not be granted and made the
Rule returnable fifteen (15) days from the date of the order.
4. Copies of this court's Rule were served upon the Plaintiff, Jeffrey and Sylvia
Bruinsma and the Defendant, Michael J. O'Neill on or about 14 October 2003. None of
those responding parties have filed any answer or objection to the relief requested by
O'Neills. Moreover, all of them consented to and joined in O'Neills' original petition
seeking leave to intervene.
5. The court's Rule was served upon the Defendant Aspen Bruinsma by personal
service made by Joseph F. Johnson, a professional process server, on 20 October 2003.
A copy of Mr. Johnson's proof of service is attached hereto and marked as EXHIBIT A.
6. The Defendant Aspen Bruinsma has filed no answer or made no objection to
O'Neills' petition and filed no response to this court's Rule.
7. More than fifteen days have passed since the Rule and petition were served
upon the Defendant Aspen Bruinsma.
WHEREFORE, Petitioners John P. O'Neill and Barbara O'Neill move this court to
make absolute its Rule of 15 October 2003, to grant their petition to intervene as parties,
and to add them as Plaintiffs in this matter.
Attorney for Petitioners
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I
understand that any false statements in this document are subject to the penalties of 18
Pa. C,S, 4904 (unsworn falsification to authorities).
Date: '\
CERTIFICATE OF SERVICE
I hereby certify that I served a copy of the foregoing document herein by regular
mail, postage prepaid, addressed as follows:
Jeffrey D. Bruinsma
28 North York Road
Dillsburg, PA 17019
Sylvia M, Bruinsma
28 North York Road
Dillsburg, PA 17019
Aspen M. Bruinsma
1411 Eaton Street
York, PA
Michael J, O'Neill
206 Hummel Avenue
Lemoyne, PA 17043
Date:
25 November 2003
Amy~~M. ~rkins '
Secretary for Samuel L, Andes
(Requestin~ Agent)
SAMUEL L. ANDES, ESQ
525 N. 12TH ST
P.O. BOX 168
LEMOYNE, PA 17043
(Plaintiff)
JEFFREY D. BRUINSMA,
PROOF OF SERVICE
ET AL
(Type of Document)
PETITION INTERVENE
AS PART.IN THE CUST.
PET. FOR EMERGENCy
RELIEF, MOD. CUR.
CUS.ORDER IMMED.
(Witness Fee)
{CaseNo.&JuHsdi~ion)
2002-1161,
CUMBERLAND COUNTY,
PA
(Defendant)
ASPEN M. BRUINSMA, ET AL
(To BeSewedOn)
ASPEN BRUINSMA
1411 EATON STREET
YORK, PA
(AcceptedBy)
ASPEN BRUINSMA
1411 EATON STREET
YORK, PA
(DateSewed)
10-20-03
(Process Sewer, s Report)
(Time)
10 55 AM
(Process Sewers Name)
JOSEPH F. JOHNSON
Description:
[ ]Male {."~it e Skin [ ]Black Hair
...[,l, Female [ ]Black Skin [ ]Bmwa Hair
[ ]Brown Skin ~[.*l~londe Hair
[ ]Yellow Skin [ ]Gray Hair
[ ]Red Skin ] ]Red Hair
according to law, deposes and says that he/she is
process server herein named; and that the fact
herein set forth above are tree and correct to
the best o.gtheir knowlgdge, information and
[ ]White Hair [ ] 14-20yrs [ lUnder 5' [ ]Under 100lbs
[]Balding ../E~ 1-35yrs [ ]5'0"-5'Y' .J~I~.D0-130lbs
[ ]Moostache [ ]36-50yrs .A~ '4"-5 '8" [ ]131-1601bs
[]Beard [ 151-65yrs [ ]5'9'-6'0" []161-200tbs
[ ]Glasses [ ]Over 65yrs [ ]Over 6' [ ]Over 200lbs
belief.
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA,
Plaintiffs
V.
ASPEN M. BRUINSMA and
MICHAEL J. OtNEILL,
Defendants ~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 02-1161 CIVIL TERM
IN RE: PETITION FOR EMERGENCY REI JEF AND FOR
MODIFICATION OF CUSTODY ORDER
ORDER OF COURT'
AND NOW, this 5m day of December, 2003, upon consideration of PlaintifFs
Petition for Emergency Relief and for Modification of Custody Order, this matter is
referred to the custody conciliation process, and the Court Administrator is requested to
facilitate this referral.
ylfrey D. Bruinsma
via M. Bruinsma
28 North York Road
Dillsburg, PA 17019
Plaintiffs, Pro Se
/~spen M. Bruinsma
1411 Ethan Street
York, PA
Defendant, Pro Se
BY THE COURT,
J./~esley O~)Jr.,
~/'Michael J. O'Neill
206 Hummel Avenue
Lemoyne, PA 17043
Defendant, Pro Se
~amuel L. Andes, Esq.
525 N. 12th Street
Lemoyne, PA 17043
Attorney for Petitioners
,4twin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA,
Plaintiffs
VS,
ASPEN M. BRUINSMA and
MICHAEL J. O'NEILL,
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-1161 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW this S/~ day of -~ C'-~, , 2003, upon
consideration of the attached Petition, the Petitioners, John P. O'Neill and Barbara O'Neill
are granted leave of court to participate as parties in the above matter and shall hereafter
have the right to do so.
Distribution:
ffrey D. Bruinsma
BY THE COURT,
(Plaintiff)
28 North York Road, Dillsburg, PA 17019
tt- .
~/Sylvia M. Bruinsma (Plaintiff)
28 North York Road, Dillsburg, PA 17019
~Aspen M. Bruinsma (Defendant)
1411 Eaton Street, York, PA
v,~Vlichael J. O'Neill (Defendant)
206 Hummel Avenue, Lemoyne, PA 17043
u/~amuel L. Andes, Esquire (Attorney
for
Petitioners)
525 North 12~h Street, Lemoyne, PA 17043
YlNVA'I~gNN~cl
L I :II !J,¥ J:J~J ~,0
JEFFREY D. BRUINSMA AND SYLVIA M.
BRUINSMA
PLAINTIFF
V.
ASPEN M. BRUINSMA AND MICHAEL J.
O'NEILL
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-1161 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, December 12, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before ~.a~Rueline M. Verne[, Esfl. the conciliator
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, January 13, 2004 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an eftbrt 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 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/ facqueline M. Verney. Esq.
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
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
JEFFREY D. BRU1NSMA and
SYLVIA M. BRUINSMA,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ASPEN M. BRUINSMA and
MICHAEL J. O'NEILL,
Defendants
NO. 02-1161 CIVIL TERM
IN RE: PETITION FOR EMERGENCY RELIEF AND FOR
MODIFICATION OF CUSTODY ORDER
ORDER OF COURT'
AND NOW, this 5~ day of December, 2003, upon consideration of Plaintiff's
Petition for Emergency Relief and for Modification of Custody Order, this matter is
referred to the custody conciliation process, and the Court Administrator is requested to
facilitate this referral.
BY THE COURT,
Jeffrey D. Bminsma
Sylvia M. Bminsma
28 North York Road
Dillsburg, PA 17019
Plaintiffs, Pro Se
Aspen M. Bminsma
1411 Ethan Street
York, PA
Defendant, Pro Se
Michael J. O'Neill
206 Hummel Avenue
Lemoyne, PA 17043
Defendant, Pro Se
Samuel L. Andes, Esq.
525 N. 12th Street
Lemoyne, PA 17043
Attorney for Petitioners
Irwin, McKnight & Hughes
60 West Pomt~et Street
Carlisle, PA 17013
:rc
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA, JOHN
P. O'NEILL and BARBARA
O'NEILL
Plaintiffs/Petitioners
ASPEN M. BRUINSMA,
Defendant/Respondent
and MICHAEL J. O'NEILL,
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 2002-1161 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW' this ~{~ day °f~--L ' ,2004, upon
consideration of the attached Custody Conciliation ~-eeport, it is o[dered and directed as
follows:
1. A Hearing is scheduled in Court Room No. __j , of the Cumberland
Coun~ Court ,House, on the ~jtb day of O,J~,'~, ~ - ,2004 at
., ._~..,,.~ _ o clock, _/~2. M., at ~vhich time ~ .... -- '
txy wm oe taken, l~or purposes of
tins Heanng, the Petitioners shall be deemed to be the moving party and shall proceed
initially with testimony· Counsel for each party shall file with the Court and opposing
counsel a Memorandum setting forth each party's position on custody, a list of witnesses
who will be expected to testify at the Hearing and a summary of the anticipated testimony
~aftee.aCh witness. These memoranda shall be filed at least ten' days prior to the Hearing
2. The prior Order of Court dated May 2, 2002 is hereby vacated in its
entirety and replaced with the following.
3. The Father, Michael J. O'Neill and the Mother, Aspen M. Bruinsma, the
maternal grandparents, .J, effrey D. Bruinsma and Sylvia Bruinsma
grandparents, John P 'I1 ~,.,~ ~.~_~ .. ......... · and the paternal
· O Ne~ ...... -,o,ua ~ ~em snail t~ave shared legal custody of
Dylan Joseph Brninsma, bom 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·
4. Mother, Father and maternal grandparents shall share physical custody of
the Child on a week on/week off schedule. The exchange day and time shall be Fridays
at 6:00 p.m. Father shall have physical custody of the Child until Friday, February 13 at
which time maternal grandparents shall exercise their week of physical custody until
Friday February 20, 2004. Mother shall have physical custody of the Child beginning
February 20, 2004. The weeks of physical custody shall alternate thereafter in the
following order: Father, maternal grandparents and Mother.
5. Mother shall have physical custody of the Child on Mother's Day; Father
shall have physical custody of the Child on Father's Day.
6. The Christmas holiday shall be divided into two blocks. Block A shall be
from 12:00 noon Christmas Eve until 12:00 noon Christmas Day and Block B shall be
.from 12:00 noon Christmas Day to 12:00 noon December 26 Father shall h
~n even numbered years and Blo~- r,: ..... ' ave Block A
· ~ ~, m oau numoerea years. Mother shall have Block B
~n even numbered years and Block A in odd numbered years.
7. 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.
8. 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.
9. Transportation shall be shared such that the receiving party shall transport
the Child.
10. No party may consume alcohol to the point of intoxication while the
Child is in their care and custody.
11. 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,
cc: Samuel Andes, Esquire, Counsel for maternal grandparents, paternal grandparents,
Father
Lindsay Gingrich-Maclay, Esquire, Counsel for Mother
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA, JOHN
P. O'NEILL and BARBARA
O'NEILL,
Plaintiffs/Petitioners
ASPEN M. BRUINSMA
Defendant/Respondent
and 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
PRIOR JUDGE: J. Wesley Oler, Jr., J.
_CUSTODY CONCILIATION SUMMARY REPOR
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
Dylan Joseph Bruinsma July 6, 2001 slhared: Mother/Father
2. A Conciliation Conference was held February 10, 2004, with the
following individuals in attendance: The maternal grandpa[ents, Jeffrey D. B~!nsma and
Sylvia M. Bruinsma, the paternal grandparents, John p. O Neill and Barbara O Neill and
Father, Michael J. Neffi, w~th their counsel, Samuel Andes, Esquire, and the Mother,
Aspen M. Bruinsma, with her counsel, Lindsay Gingrich-Maclay, Esquire..
3. The Court previously entered an Order of Court on May 2, 2002, granting
shared legal custody between the parents, 4 days on/days off of physical custody by the
parents and one weekend per month for the maternal grandparents. The paternal
grandparents filed a Petition for Leave to Intervene in the action. The Court entered an
Order granting their Petition to Intervene dated December 5, 21)03. The maternal
grandparents, Father and the paternal grandparents filed an Emergency Petition and a
Petition to Modify Custody. The Court entered an Order dated December 5, 2003
referring the Emergency Petition to the Conciliator. Since the Order of Court dated May
2, 2002, the Mother, Father and maternal grandparents have modified the prior Order to
provide for week on/week off physical custody by the parents with maternal grandparents
having one weekend per month.
4. The maternal grandparents, paternal grandparents and Father's position
on custody is as follows: they seek shared legal and shared physical custody of the Child.
They maintain that the Child is not properly cared for by Mother, that Mother has not had
the Child immunized and has moved several times since leaving maternal grandparents
home in 2003. At one time in the summer of 2003, Mother moved out of her parents
home, leaving the Child with the maternal grandparents. Mother is currently expecting
another child in June, 2004 to her current fianc6e, who has several children to several
other women, and from whom Mother separated for domestic violence issues previously.
5. other s pos~t~on on custody is as follows: iMother seeks to maintain the
status quo. She asserts that Father is equally to blame for the C ' '
h~Id s lack of
immunization. She is currently estranged from the maternal grandparents. She maintains
that she is providing a loving, nurturing environment for the Child. She suggests that
Father has a prior history of DUIs.
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and granting the parties shared legal custody so that the grandparents may
obtain proper medical care for the Child, and shared physical custody between Mother,
Father, (who is currently living with paternal grandparents), and maternal grandparents.
It is expected that the Hearing will require one day.
~ -/{ -o ~/ _
Date
Custody Conciliator
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY D. BRUINSMA and
SYLVIA M. BRUINSMA and
JOHN P. O'NEILL and
BARBARA O'NEILL
Plaintiffs
ASPEN M. BRUINSMA and
MICHAEL J. O'NEILL,
Defendants
No. 2002-1161 (Civil Term)
CWIL ACTION - LAW
(In Custody)
pRAECIPE FOR CONSENT OF WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Upon mutual consent of the undersigned, please Withdraw my Appearance on
behalf of Defendant, Apsen M. Bminsma, in the above-ca )tioned matter.
~sa9 Gin~icba Mad/ay, Esqmre
Date:
tttomey I.D. 87954
SAIDIS, SHUFF, FLOWER & L1NDSAY
26 West High Street
Carlisle, Pennsylvania 17013
(717) 243-5222
SAIDIS
SHUFF, FLOWER
& LINDSAY
26W. High Street
Carlisle, PA
pRAECIPE FOR ENTRY OF APPEARANCE_
TO THE PROTHONOTARY:
Please Enter my Appearance, Pro Se, in the above-captioned matter.
Date:
i l~mlns~a,'TDe fendant
PRO SE
1411 Eaton Street
York, pennsylvania 17402
MAR e I ~
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
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-1161 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this I ~ [J~ 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.
BY THE COURT,
~" (~.)- J.
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
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-1161 CIVILTERM
IN CUSTODY
STIPULATION
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.
~'~/[~. Br~insm a
· BrL~ns~a~ '
Syl~a M. Bruinsma
Michael J. o~l~eill
Barbara O'Neill