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HomeMy WebLinkAbout02-5785SUSAN BERTOLOTTI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. O a. - J 7 9-.3- WILLIAM J. MILLER, JR., CIVIL ACTION - LAW Defendant IN DIVORCE PETITION FOR EMERGENCY RELIEF AND NOW comes Petitioner, Susan Bertolotti, by and through her attorney, Emily Long Hoffman, and in support of her Petition for Emergency Relief, avers as follows: 1. Susan Bertolotti resides at 213 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania, and she is the mother of two children, namely Margaretsarah Bertolotti Miller, ages 9 and William John Miller, III, age 11. 2. The father of the before mentioned children is William John Miller, Jr. with addresses in the state of Massachusetts, in Loch Haven, Pennsylvania, and in Philadelphia, Pennsylvania 3. Petitioner has resided in Cumberland County, Pennsylvania, since June 15, 1991. 4. The children have resided with Petitioner in Cumberland County, Pennsylvania, since June 15, 2001. 5. On or about November 22, 2002, Petitioned requested that Respondent keep the children because, at the time, she was suffering from severe depression and admitted herself to a treatment center. 6. Petitioned finished inpatient treatment and, upon returning to her home on requested that the Respondent return the children to her. 7. Respondent has refused to return the children unless Petitioner enters into a stipulated custody agreement because he alleges drug abuse. 8. Petitioner does not agree with the terms of the proposed custody agreement. 9. The children attend school at Green Ridge Elementary School in the Cumberland Valley School District. 10. Respondent is keeping the children in Philadelphia and, therefore, they are missing school. 11. Petitioner is dealing with her depression by attending a support group every day, attending group therapy two days a week, and attending individual therapy one day a week. 12. Petitioner has been primary caregiver of the children and has asked Respondent to exercise his visitation rights numerous times with no action by Respondent. 13. Respondent did not see the children nor did he attempt to see the children from July 17, 2002, to November except for occasional dinner visits but not overnite. 14. Respondent has refused to allow Petitioner to see the children. 15. The children are being harmed by their removal from their home and being kept from attending school. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant her Request for Emergency Relief and order Respondent to return the children to her or, in the alternative, schedule a hearing as soon as possible. EMILY LONG HOFFMAN, ESQUIRE Sup. Ct. I.D. #66307 105 North Front Street P. O. Box 11475 Harrisburg PA 17108-1475 (717)233-1112 Attorney for Petitioner. Date: 12/3/02 VERIFICATION Upon my personal knowledge, information, and belief, I, Susan Bertolotti, avers that the facts averred and statements made in the foregoing document are true and correct to the best of my knowledge. I understand that false statements or Averments therein made will subject me to the criminal penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. 7 ? BY:.? Se y?r ?--?a?- Susan I ertoloI ertolotti Date: CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the attached document was served on the person below on this day by First Class U. S. Mail addressed as follows: Lori Serratelli, Esquire Serratelli, Schiffman, Brown & Calhoun PC 2080 Linglestown Road Harrisburg, PA 17110 Respectfully submitted, By 1. l L t`t v3? - Emily Long Hoffman, Esquire Sup. Ct. ID # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108 (717)233-1112 Date: 12/3/02 ?- w w ?? ?i .? c 0 '? ,-.. ?, ,, a,? c-, _,-- -.. ={ ,i, ?? SUSAN BERTOLOTTI, Plaintiff vs. WILLIAM J. MILLER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5785 CIVIL ACTION - LAW : CUSTODY AND NOW comes Respondent/Defendant, William J. Miller, Jr., by and through his attorney, Lori K. Serratelli, Esquire, and in support of his Answer to Petition for Emergency Relief, avers as follows: 1 • Admitted. 2. Admitted in part, denied in part. It is admitted that Respondent is the father of the aforementioned children. His legal address is 4476 Queens Run Road, P.O. Box 298 Haneysville, 17745. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted that Petitioner requested that Respondent take physical custody of the children, but not because she was suffering from severe depression. In fact, Petitioner was suffering from a drug addiction for which she admitted herself to White Deer Drug Treatment Center in Allenwood, Pennsylvania. Petitioner has a long-standing drug addiction dating back to her teenage years, for which she has been treated. Petitioner was attending Narcotics Anonymous meetings for four :months prior to her recent admission to White Deer Treatment Center. In addition to her drug addiction, Petitioner suffers from a bi-polar disorder and obsessive compulsive disorder. Respondent is aware from speaking with a counselor at the treatment center that Petitioner was withdrawing from drugs during her recent admission. g 6. Admitted. 7. Admitted in part, denied in part. On December 2, 2002, Respondent's attorney spoke with Petitioner's attorney and advised her at length of the vile, unsanitary conditions of the Petitioner's townhouse and of the fact that Petitioner was in drug rehabilitation treatment. Further, Respondent's attorney advised that upon receipt of certification from Petitioner's treating physician that she was drug free and not a danger to herself or the children, that Respondent would consider returning the children to Petitioner's care, provided she submit to weekly drug testing and inspection of her townhouse. Respondent had entered Petitioner's townhouse on Tuesday, November 26, 2002 to retrieve clean clothes for the children and found the townhouse in an inhabitable state unfit for his children. Further, Respondent saw drug paraphernalia throughout the house and in Petitioner's bedroom., including bags of a white powdery substance, razor blades, spoons, and bloodied tissues. Respondent contacted the Silver Springs Police and turned over the powdery substance to the police. 8. Admitted. 9. Admitted. 10. Admitted in part, denied in part. Respondent had taken the children to Philadelphia to reside with his friend, Klair Cocoa upon discovering the condition of the townhouse in which the children had been living and during the time Petitioner was in drug rehabilitation treatment. The children remained in Philadelphia until December 4, 2002, when Respondent returned to the area to rent a hotel so that the children could return to school. Before taking the children out of school, Respondent met with the principal and obtained all the children's assignments so that they would not miss their school work. This info relayed to Petitioner's attorney on December 2, 2002. information was 11. Denied. Petitioner was attending Narcotics Anonymous, for drug addiction problems. Respondent has no information whether Petitioner continues to attend such a group. 12. Admitted in part, denied in part. Petitioner has been the primary caregiver 'v June 15, 2001, but Respondent has consistently exercised y ? er since partial custody rights, Specifically, Respondent has exercised partial custody rights at least once a month and specifically Christmas holiday 2001 for a nine 9) day period with the children; February 2, 2002 visitation with Margaretsarah, known as Maggie, but not with Willie since he was sick; February 15 - 18, 2002 in Respondent's custody, March 28, 2002 to April 1, 2002;; April 19, 200 2002 for a fishing trip; weekend of May 19, 2002, Saturday and Sunday, for a fishing trip; another overnight in May 2002; at least one overnight in June; two full weeks in Vermont with Respondent; at least one overnight in August be July in fore Respondent left for his business project in Dominica in the Carribean where Respondent is installin through the rain forest. The only times Respondent is unable t g a tram system to sere his children is when his work takes him out of town or out of the country. Respondent's usual business construction and maintenance of ski lifts and trams, of which Petitioner is fully aware. 13. See above. 14. Denied. Respondent's attorney has advised Petitioner's attorney that certification of Petitioner's physical and mental condition and certification that the townhouse is habitable is given to Respondent that he would be willing to enter into an interim schedule whereby Petitioner sees the children provided they are returned to his care until further Court order. 15. Denied. To the contrary, the children would be harmed to be returned to the townhouse given the condition in which it was found last week and given the mental and physical condition of Petitioner, who is unable to care for herself and therefore unable to care for the children appropriately. Furthermore, the parties' son, William, has been constantly sick, suffering from respiratory and breathing problems which Respondent attributes to the filthy condition of the townhouse in terms of the kitty litter boxes full of fecal matter from the cats placed right next to the kitchen table, as well as the second-hand smoke filling the townhouse from Petitioner smoking in the townhouse. Since William has been in his father's care he has not had difficulty breathing, nor is he as congested as was previously noted. WHEREFORE, Respondent respectfully requests that this Honorable Court den Petitioner's request for emergency relief but y grant Respondent interim legal and physical custody of the children pending Petitioner submitting to drug testing, a home study, and a psychiatric evaluation as to her fitness to resume physical custody of the children. Respectfully submitted, i L rrato elli, Esquire Attorney ID No. 27426 SERRATELLI, SCHIFFMA , BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA, 17110 (717) 540-9170 Attorney for Respondent VERIFICATION 1, William J. Miller, hereby state that I have reviewed the foregoing Answer to Petition, and that the facts stated therein are true and correct to the best of my knowledge, information and belief, and, that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: December 5, 2002 CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on this th day 20029 I served a copy of the foregoing document by United States Mail, t l December , paid, to the following person(s): ail, First Class, postage pre- Emily Long Hoffman, Esquire 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 Lo ' atelli, Esquire Atty ID No. 27426 SERRATELLI, SCHIFFMAN, BROWN & iCALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Respondent C7 C.-= - -T.. - t 7; JAN 2 3 2003V SUSAN BERTOLOTTI, V. WILLIAM J. MI1 BAYLEY, J. ---I AND NC Custody Concil 1. Lc have shared le and MargaretsE right, to be ex decisions affec decisions regar §5309, each pa including, but r address of the c any such recorc thereof, with th information of rE Plaintiff R, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5785 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT this 7-1 day of January, 2003, upon consideration of the attached on Summary Report, it is hereby ordered and directed as follows: dal Custody. The parties, Susan Bertolotti and William J. Miller, Jr., shall jal custody of the minor children, William J. Miller, III, born July 17, 1991, rah Bertolotti Miller, born March 25, 1993. Each parent shall have an equal ercised jointly with the other parent, to make all major non-emergency Ling the children's general well-being including, but not limited to, all ling their health, education and religion. Pursuant to the terms of Pa. C. S. ?ent shall be entitled to all records and information pertaining to the children of limited to, medical, dental, religious or school records, the residence hildren and of the other parent. To the extent one parent has possession of s or information, that parent shall be required to share the same, or copies other parent within such reasonable time as to make the records and asonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody of the children subject to Fathe 's rights of partial physical custody. A. During the months of June through October each year, Father shall hav partial custody at least one weekend per month upon at least seven (7) days otice to Mother and at such other times as the parties may agree. 13 Father shall have custody the weekend of February 14, 2003 at 5:00 p.m. through February 16, 2003 at 6:00 p.m. and one other weekend in February 003. C. During the months of November through May each year, Father shall have a long weekend the second weekend of each month. In the event that Father's work schedule will not permit him to exercise custody on the second weekend of the month, Father will take a substitute weekend with four (4) days n tice to Mother. NO. 02-5785 CIVIL TERM Father will take steps to allow the children to participate in extracurricular activities that fall during his custodial time if the children want to particip to in those activities on his weekends. 3. Summer. Each party shall be entitled up to five (5) weeks of physical custody during the su mer, no more than two (2) weeks of which shall be taken consecutively. Father shall provide Mother with seven (7) days notice of the weeks which he intends to exercise hiss mmer custodial rights. Prior to leaving for summer vacation periods of custody, the p rties will provide each other with an address and telephone number where they can be reached. In the event that Father's custodial time occurs in the mainland USA, he will arrange or the children to call Mother every other day. 4. H6lid A. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. In even-numbered years, Mothers all have Segment A? and Father shall have Segment B. Segment A shall be from December 23rd at noon through December 30th at 6:00 p.m. Segment B shall be from December 30th at 6:00 p.m. until January 1St at 6:00 p.m. B. Thanksgiving. In odd-numbered years, Mother shall have custody for Thanksgiving and in even-numbered years, Father shall have custody fc)r Thanksgiving. The custodial period for Thanksgiving shall be defined t be the Wednesday before Thanksgiving Day until the Monday following hanksgiving Day. C. ? Easter. Mother shall have custody for the school break each year over he Easter holiday. D. I Independence Day. Father shall have custody for Independence Day each ear. 5. In he event that Father's work schedule prohibits him from following the holiday and phy ical custody schedule, Father will provide Mother with seven (7) days notice of his charge in availability. NO. 02-5785 OIVIL TERM 6. Transportation. The parties will share transportation incident to custodial exchanges by Mother providing transportation half way at the end of Father's custodial weekends. The parties shall meet in the designated location in Sellinsgrove if Father and the children ar going to meet her coming from Haneysville, or, if the children and Father will be arriving fro Philadelphia, the parties will meet at the Exit 21 of the Pennsylvania Turnpike. 7. D provided by the tox screen benzodiazepinE White Deer Rur Father's requeE prepays for the documents excl primary custodii provides for a participation in r 'ug Testy. Mother will continue to participate in random drug tests now staff at White Deer Run/Harrisburg location. Such drug testing will include for opiates, marijuana, amphetamines, methamphetamines and s. In the event that these drug screens are not paid for via her treatment at or ordered by her treating physician in conjunction with her treatment, upon t, but no more than weekly, Mother will participate in a drug testing if Father test. Mother will share the results of the drug testing within 72 hours, by ranged through counsel. Father's willingness to allow Mother to continue as rl parent has been conditioned upon her continued sobriety. This paragraph mechanism for Father to monitor Mother's continued abstinence and rental health care. BY THE COU Edgar Dist: Amily L. Lori K. n, Esquire, PO Box 11475, Harrisburg, PA 17108-1475 Esquire, 2080 Linglestown Road, Harrisburg, PA 17110 ?J 01-x.7-d 3 .?` LZ FxO SUSAN BERTOLOTTI, Plaintiff V. WILLIAM J. Mld IN AQ 1915.3-8, the JR., JAN 2 3 2003 W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5785 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT )ANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE rsigned Custody Conciliator submits the following report: 1. litigation is as NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF William J. M Iler, II July 17, 1991 Mother Margaretsar h Bertolotti Miller March 25, 1993 Mother 2. A ustody Conciliation Conference was held on January 13, 2003 pursuant to Mother's Custo y Complaint filed on December 4, 2002. Present for the conference were: the Mother, Su an Bertolotti, and her counsel, Emily L. Hoffman, Esquire; the Father, William J. Miller, Jr., and his counsel, Lori K. Serratelli, Esquire. 3. The parties reached an agreement in the form of an Order as attached. 4. A hearing has been scheduled for February 20, 2003 with Judge Bayley on a Petition for Special Relief. That hearing will no longer be necessary as the parties were able to reach an agreement at the Custody Conciliation. Date ? "? Melissa Peel Greevy, Esqu- e Custody Conciliator pertinent information concerning the children who are the subject of this ows: 167208 SUSAN BERTOLOTTI, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW WILLIAM J. MILLER, JR. : NO. 02-5785 CIVIL TERM Defendant/Petitioner : IN CUSTODY EMERGENCY PETITION FOR RELIEF AND NOW comes Defendant, William J. Miller, Jr., by and through his attorney, Michael M. Jerominski, Esquire, and requests this Honorable Court to grant the following special relief in the above-captioned matter: 1. Petitioner is William J. Miller, Jr., an adult individual whose residence is at 423 Princeton Avenue, Philadelphia, Philadelphia County, Pennsylvania, 19111. 2. Respondent is Susan Bertolotti, an adult individual whose residence is at 27 Lilac Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. A Custody Order was issued by the Honorable Edgar B. Bayley on January 27, 2003, granting Petitioner William J. Miller, Jr. shared legal and partial physical custody of the minor Children, William J. Miller III and Margaretsarah Bertolotti Miller. 4. The January 27, 2003, Custody Order (Exhibit A) provides physical custody of the Child to Petitioner at least one weekend a per month upon at least seven (7) days notice to Mother and at such other times as they may agree during the months June through October. 5. Since the entry of the January 27, 2003, Order, Respondent Susan Bertolotti has engaged in a systematic pattern of blocking communications between herself, Petitioner William J. Miller, Jr., and the minor Children. 6. Since the entry of the January 27, 2003, Order, Respondent Susan Bertolotti has on many occasions failed to make available to Petitioner William J. Miller, Jr. information regarding the minor Children's progress in school. 7. Respondent Susan Bertolotti has failed to take and make available the results of drug tests, in contravention of the January 27, 2003 Order. 8. Since the entry of the January 27, 2003, Order, Respondent Susan Bertolotti has on many occasions failed to keep the minor Children's home in a safe, sanitary condition. 9. On or about May 29, 2007, Respondent Susan Bertolotti entered a drug treatment facility in the Philadelphia area in order to treat an addiction to crack cocaine which has lasted for some years now. 10. Petitioner William J. Miller, Jr., with Respondent's permission, stayed at Respondent Susan Bertolotti's residence in Silver Spring Township from May 29, 2007, to the present so that the minor Children would be able to attend school. 11. On or about June 2 and 3, 2007, Respondent Susan Bertolotti's house was broken into, and again on or about June 5, 2007. 12. On or about June 6, 2007, the Silver Spring Township Police searched Respondent Susan Bertolotti's residence, recovering possible drug paraphernalia. WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order granting the Petitioner William J. Miller, Jr. temporary sole legal and physical custody of the minor Children until such time that the Order of January 27, 2003 has been permanently modified after all appropriate hearings. Respectfully Submitted, 61?? 0 Date Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Petitioner Supreme Court I.D. No. 92977 SUSAN BERTOLOTTI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 02-5785 CIVIL TERM CIVIL ACTION - LAW WILLIAM J. MILLER, JR., Defendant BAYLEY, J. --- ORDER OF COURT IN CUSTODY AND NOW, this day of January, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Susan Bertolotti and William J. Miller, Jr., shall have shared legal custody of the minor children, William J. Miller, III, born July 17, 1991, and Margaretsarah Bertolotti Miller, born March 25, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody of the children subject to Father's rights of partial physical custody. A. During the months of June through October each year, Father shall have partial custody at least one weekend per month upon at least seven (7) days notice to Mother and at such other times as the parties may agree. B. Father shall have custody the weekend of February 14, 2003 at 5:00 p.m, through February 16, 2003 at 6:00 p.m. and one other weekend in February 2003. C. During the months of November through May each year. Father shall have a long weekend the second weekend of each month. In the event that Father's work schedule will not permit him to exercise custody on the second weekend of the month, Father will take a substitute weekend with four (4) days notice to Mother. EXHIBIT A NO. 02-5785 CIVIL TERM D. Father will take steps to allow the children to participate in extracurricular activities that fall during his custodial time if the children want to participate in those activities on his weekends. 3. Summer. Each party shall be entitled up to five (5) weeks of physical custody during the summer, no more than two (2) weeks of which shall be taken consecutively. Father shall provide Mother with seven (7) days notice of the weeks which he intends to exercise his summer custodial rights. Prior to leaving for summer vacation periods of custody; the parties will provide each other with an address and telephone number where they can be reached. In the event that Father's custodial time occurs in the mainland USA, he will arrange for the children to call Mother every other day. 4. Holidays A. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. Segment A shall be from December 23`'1 at noon through December 30th at 6:00 p.m. Segment B shall be from December 30`f' at 6:00 p.m. until January 1s` at 6:00 p.m. B. Thanksgiving. In odd-numbered years, Mother shall have custody for Thanksgiving and in even-numbered years, Father shall have custody for Thanksgiving. The custodial period for Thanksgiving shall be defined to be the Wednesday before Thanksgiving Day until the Monday following Thanksgiving Day. C. Easter. Mother shall have custody for the school break each year over the Easter holiday. D. Independence Day. Father shall have custody for !ndependence Day each year. 5. in the event that Father's work schedule crohibits him fror-n following the holiday and physical custody schedule, Father will provide Mother with seven (7 day notice of his change in availability. NO. 02-5785 CIVIL TERM 6. Transportation. The parties will share transportation incident to custodial exchanges by Mother providing transportation half way at the end of Father's custodial weekends. The parties shall meet in the designated location in Seilinsgrove if Father and the children are going to meet her coming from Haneysville, or, if the children and Father will be arriving from Philadelphia, the parties will meet at the Exit 21 of the Pennsylvania Turnpike. 7. Drug Testing. Mother will continue to participate in random drug tests novv provided by the staff at White Deer Run/Harrisburg location. Such drug testing will include tox screen for opiates, marijuana, amphetamines, methamphetamines and benzodiazepines. In the event that these drug screens are not paid for via her treatment at White Deer Run or ordered by her treating physician in conjunction with her treatment, upon Father's request, but no more than weekly, Mother will participate in a drug testing if Father prepays for the test. Mother will share the results of the drug testing within 72 hours, by documents exchanged through counsel. Father's willingness to allow Mother to continue as primary custodial parent has been conditioned upon her continued sobriety. This paragraph provides for a mechanism for Father to monitor Mother's continued abstinence and participation in mental health care. BY THE COURT: Edgar B. Bayley, J. Dist: Emily L. Hoffman. Esquire, PO Box 11475, Harrisburg, PA 17108-1475 Lori K Serratelli, Esquire. 2080 Linglestown Road, Harrisburg, PA 17110 d 117 tr'• 3 t ; F i0?rit'. :o. G: i? VERIFICATION I verify that the statements made in the foregoing Emergency Petition for Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unworn falsification to authorities. Date William 91fille , Jr. CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition for Emergency Relief upon Susan Bertolotti via Sheriff's service and United States Mail, first class, postage pre-paid, and Emily Long Hoffman, Esquire, via United States Mail, first class, postage pre-paid on the Eleventh day of June, 2007, from Carlisle, Pennsylvania, addressed as follows: Susan Bertolotti c/o Bowling Green Brandywine 1375 Newark Road Kennett Square, PA 19348 Susan Bertolotti 27 Lilac Drive Mechanicsburg, PA 17050 Emily Long Hoffman, Esquire 105 North Front Street Harrisburg, PA 17108-1475 TURO LAW OFFICES Michael M. Jeromins , Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Petitioner Supreme Court I.D. No. 92977 : + Z7 . -TI C SUSAN BERTOLOTTI, Plaintiff Respondent V. WILLIAM J. MILLER, JR. Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5785 CIVIL TERM IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is William J. Miller, Jr., an adult individual whose residence is at 423 Princeton Avenue, Philadelphia, Philadelphia County, Pennsylvania, 19111. 2. Respondent is Susan Bertolotti, an adult individual whose residence is at 27 Lilac Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Petitioner seeks modification of the Custody Order entered into by this Court on January 23, 2003 (Exhibit A) regarding William J. Miller III, born July 17, 1991, and Margaretsarah Bertolotti Miller, born March 25, 1993, currently residing at 27 Lilac Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 4. Petitioner seeks sole legal and physical custody for the reasons set forth below. 5. The child is presently in the custody primarily of Respondent and partially of Petitioner. 6. The children have lived at the following addresses: Name Address Dates William J. Miller, III 27 Lilac Drive 2003-present Margaretsarah Bertolotti Mechanicsburg, PA Miller 7. 8. 9. 10. 11. 12. 13 Name William J. Miller, III Margaretsarah Bertolotti Miller William J. Miller, III Margaretsarah Bertolotti Miller Address Dates 213 Constitutional Ct. 2002 Mechanicsburg, PA 4335 Powells Valley Road 1989-2001 Carsonville, PA The relationship of the Petitioner to the children is that of natural father. The relationship of the Respondent to the children is that of natural mother. The Petitioner is not a participating party or in any other capacity in any other pending litigation concerning the custody of the child in this or any other Court. This action stems from the January 27, 2003, Custody Order of this Court. Respondent has no information of custody proceeding concerning the child pending in a Court of this Commonwealth. The best interest and permanent welfare of the child will be served by granting the relief requested because the Respondent unable to care for the minor Children due to drug dependency. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. 14. A Custody Order was issued by the Honorable Edgar B. Bayley on January 27, 2003, granting Petitioner William J. Miller, Jr. shared legal and partial physical custody of the minor Children, William J. Miller III and Margaretsarah Bertolotti Miller. 15. The January 27, 2003, Custody Order provides physical custody of the Child to Petitioner at least one weekend a per month upon at least seven (7) days notice to Mother and at such other times as they may agree during the months June through October. 16. Since the entry of the January 27, 2003, Order, Respondent Susan Bertolotti has engaged in a systematic pattern of blocking communications between herself, Petitioner William J. Miller, Jr., and the minor Children. 17. Since the entry of the January 27, 2003, Order, Respondent Susan Bertolotti has on many occasions failed to make available to Petitioner William J. Miller, Jr. information regarding the minor Children's progress in school. 18. Respondent Susan Bertolotti has failed to take and make available the results of drug tests, in contravention of the January 27, 2003, Order. 19. Since the entry of the January 27, 2003, Order, Respondent Susan Bertolotti has on many occasions failed to keep the minor Children's home in a safe, sanitary condition. 20. On or about May 29, 2007, Respondent Susan Bertolotti entered a drug treatment facility in the Philadelphia area in order to treat an addiction to crack cocaine which has lasted for some years now. 21. Petitioner William J. Miller, Jr., with Respondent's permission, stayed at Respondent Susan Bertolotti's residence in Silver Spring Township from May 29, 2007, to the present so that the minor Children would be able to attend school. 22. On or about June 2 and 3, 2007, Respondent Susan Bertolotti's house was broken into, and again on or about June 5, 2007. 23. On or about June 6, 2007, the Silver Spring Township Police searched Respondent Susan Bertolotti's residence, recovering possible drug paraphernalia. WHEREFORE, the Petitioner respectfully requests this Honorable Court to modify the existing Order to grant the Petitioner William J. Miller, Jr. sole legal and physical custody of the minor Children because it will be in the best interest of the minor Children. 61,1101- Date Respectfully Submitted, Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Petitioner Supreme Court I.D. No. 92977 SUSAN BERTOLOTTI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. WILLIAM J. MILLER, JR., Defendant BAYLEY, J. --- ORDER OF COURT NO. 02-5785 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY n ? AND NOW, this day of January, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows- 1 . Legal Custody. The parties, Susan Bertolotti and William J. Miller, Jr., shall have shared legal custody of the minor children, William J. Miller, 111, born July 17, 1,991, and Margaretsarah Bertolotti Miller, born March 25, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody of the children subject to Father's rights of partial physical custody. A. During the months of June through October each year. Father shall have partial custody at least one weekend per month upon at least seven (7) days notice to Mother and at such other times as the parties may agree. B. Father shall have custody the weekend of February 14, 2003 at 5:00 p.m. through February 16, 2003 at 6:00 p.m. and one other weekend in February 2003. C. During the months of November through May each year, Father shall have a long weekend the second weekend of each month. In the event that Father's work schedule will not permit him to exercise custody on the second weekend of the month, Father will take a substitute weekend with four 4i days notice to Mother. EXHIBIT A NO. 02-5785 CIVIL TERM D. Father will take steps to allow the children to participate in extracurricular activities that fall during his custodial time if the children want to participate in those activities on his weekends. 3. Summer. Each party shall be entitled up to five (5) weeks of physical custody during the summer, no more than two (2) weeks of which shall be taken consecutively. Father shall provide Mother with seven (7) days notice of the weeks which he intends to exercise his summer custodial rights. Prior to leaving for summer vacation periods of custody, the parties will provide each other with are address and telephone number where they can be reached. In the event that Father's custodial time occurs in the mainland USA, he will arrange for the children to call Mother every other day. 4. Holidays. A. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. Segment A shall be from December 23"j at noon through December 30th at 6:00 p.m. Segment B shall be from December 30Th at 6:00 p.m. until January 1" at 6:00 p_m. B. Thanksgiving. In odd-numbered years, Mother shall have custody for Thanksgiving and in even-numbered years, Father shall have custody for Thanksgiving. The custodial period for Thanksgiving shall be defined to be the Wednesday before Thanksgiving Day until the Monday following Thanksgiving Day. C. Easter. Mother shall have custody for the school break each year over the Easter holiday. D. Independence Day. Father shall have custody for independence Day each year. 5. in the event that Father's work schedule prohibits him from following the holiday and physical custody schedule, Father will provide Mother with seven ds notice of his change in availability. NO. 02-5785 CIVIL TERM 6. Transportation. The parties will share transportation incident to custodial exchanges by Mother providing transportation half way at the end of Father's custodial weekends. The parties shall meet in the designated location in Sellinsgrove if Father and the children are going to meet her coming from Haneysville, or, if the children and Father will be arriving from Philadelphia, the parties will meet at the Exit 21 of the Pennsylvania Turnpike. 7. Drug Testing. Mother will continue to participate in random drug tests now provided by the staff at White Deer Run/Harrisburg location. Such drug testing will include tox screen for opiates, marijuana, amphetamines, methamphetamines and benzodiazepines- In the event that these drug screens are not paid for via her treatment at White Deer Run or ordered by her treating physician in conjunction with her treatment, upon Father's request, but no more than weekly, Mother will participate in a drug testing if Father prepays for the test. Mother will share the results of the drug testing within 72 hours, by documents exchanged through counsel. Father's willingness to allow Mother to continue as primary custodial parent has been conditioned upon her continued sobriety. This paragraph provides for a mechanism for Father to monitor Mother's continued abstinence and participation in mental health care. BY THE COURT: + ,,, Edgar B. Bayley, J..:` Dist: Emiiv L. Hoffman. Esquire. PO Box 11475, Harrisburg, PA 17108-1475 Lori K. Serra elli, Esquire. 2080 Linglestown Road, Harrisburg, PA 17110 in f? i 1 i VERIFICATION I verify that the statements made in the foregoing Petition to Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unworn falsification to authorities. ?q 2 -M, lop, Date Wi li J. r, Jr. CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition to Modify Custody upon Susan Bertolotti via Sheriff's service and United States Mail, first class, postage pre-paid, and Emily Long Hoffinan, Esquire, via United States Mail, first class, postage pre-paid on the Eleventh day of June, 2007, from Carlisle, Pennsylvania, addressed as follows: Susan Bertolotti c/o Bowling Green Brandywine 1375 Newark Road Kennett Square, PA 19348 Susan Bertolotti 27 Lilac Drive Mechanicsburg, PA 17050 Emily Long Hoffman, Esquire 105 North Front Street Harrisburg, PA 17108-1475 TURD LAW OFFICES ' ;? *. - Michael M. Jeromins ', Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Petitioner Supreme Court I.D. No. 92977 t'> ?`.' ? J n ?...- _ ' ?..3 ? '?? -"?•j V .?? Y? j ? ? t w,', ` .. ? ?' _ _ `,? .?-? __.....? SUSAN BERTOLOTTI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-5785 CIVIL ACTION LAW WILLIAM J. MILLER, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, June 14, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 12, 2007 at 9:30 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/ Hubert X. Gilroy Esq. AM 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 -Py-l 0?? Y- --,*- 17 T! ij F f ?`' ~'f?Yi 7•J ? L :2 V ? I N4!Y LOOZ ]Hi ?C WN1Z?/? I SUSAN BERTOLOTTI, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW WILLIAM J. MILLER, JR. : NO. 02-5785 CIVIL TERM Defendant/Petitioner : IN CUSTODY ORDER OF COURT AND NOW, this (q-`- day of , 2007, upon receipt and review of the Emergency Petition for Relief, a hearing scheduled on the OVK day of 2007 at n .m. in Courtroom No.-0j_ of the Cumberland County C urthouse, Carlisle, Pennsylvania_Y' C.C. Emily Long Hoffman, Esquire Michael M. Jerominski, Esquire y, o Susan Bertolotti BY THE COURT. s 1 d X11 ` l? LUZ SUSAN BERTOLOTTI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-5785 WILLIAM J. MILLER, JR., CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this t l day of 344? , 2007, the hearing scheduled on June 28, 2007 at 2:30 p.m. in the above matter regarding the Emergency Petition for Relief is continued and will be heard on the 2°d day of August, 2007, at 1:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY Date: CO `-Idv /" Edgar B. Bayley, Judge cc: Emily Long Hoffman, Esquire, P.O. Box 11475, Harrisburg, PA 17108-1475 Michael M. Jeromisnski, Esquire, Turo Law Offices, 28 S. Pitt St., Carlisle, PA 1701 Susan Bertolotti, 27 Lilac Drive, Mechanicsburg, PA 17050 ?+ ?... 1? `. ?_ ? ?? ? } ??- ? \ SUSAN BERTOLOTTI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 02-5785 WILLIAM J. MILLER, JR., CIVIL ACTION - LAW Defendant IN CUSTODY MOTION REQUESTING ATTENDANCE OF CHILDREN AT HEARING 1. Defendant is SUSAN BERTOLOTTI (hereinafter referred to as "Mother") who lives in Cumberland County. 2. Plaintiff is WILLIAM J. MILLER, JR. (hereinafter referred to as "Father") who filed an Emergency Custody Petition and who resides in the Philadelphia area. 3. The hearing is scheduled for Thursday, August 2, 2007 with the Honorable Edgar Bayley, and involves the two minor children ages 14 and 16. 4. Father currently has custody of the children. 5. Mother asked Father to return the children the day of the hearing and asked him to have the children available to speak with the Honorable Edgar Bayley as the current Order provides Mother primary custody of the children. 6. Father conveyed to Mother that Father is unwilling to bring the children to the hearing. 7. Mother's attorney requested that Father's attorney have Father bring the children r to the hearing. 8. Father's attorney suggested that the attorneys discuss the matter with Judge Bayley to see the Judge's wishes. 9. Mother requests that Father bring the children to the emergency hearing scheduled on August 2, 2007, and requests that he turns the children over to her on that day unless provided otherwise by this Honorable Court. WHEREFORE, Plaintiff requests the Court to require Father to bring the children to the hearing and release them to her unless otherwise ordered by this Court. Respectfully submitted, a BY: EMILY L. H FFMAN, ESQUIRE Supreme Court I.D.# 66307 105 North Front Street Post Office Box 11475 Harrisburg, PA 17108-1475 (717) 233-1112 Attorney for Plaintiff DATED: 7/31/07 84151-1 SUSAN BERTOLOTTI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-5785 WILLIAM J. MILLER, JR., CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Motion Requesting Attendance of Children at Hearing filed in the above-matter was mailed by United States First Class Mail on July 31, 2007, to the parry set forth below: Michael M. Jeromisnski, Esquire Turo Law Offices 28 S. Pitt St. Carlisle, PA 17013 Respectfully submitted, By; Emily Long offrnan, Esquire Sup. Ct. ID # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108 (717)233-1112 Date: 7/31/07 A ' ? f? i SUSAN BERTOLOTTI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-5785 WILLIAM J. MILLER, JR., CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this /- day of 14?04- , 2007, Father shall bring the minor children in the above-captioned action to the emergency hearing scheduled to be heard on the 2°d day of August, 2007, at 1:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: Edgar B. Bayley, 'ly Long Hoffinan, Esquire, P.O. Box 11475, Harrisburg, PA 17108-1475 M. Jeromisnski, Esquire, Turo Law Offices, 28 S. Pitt St., Carlisle, PA 17013 cc: 7ich-iael Susan Bertolotti, 27 Lilac Drive, Mechanicsburg, PA 17050 C-i CD ?i cz, C-4 SHERIFF'S RETURN - OUT OF COUNTY i _ , a CASE NO: 2002-05785 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BERTOLOTTI SUSAN VS MILLER WILLIAM J JR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named RESPONDANT , to wit: BERTOLOTTI SUSAN but was unable to locate Her deputized the sheriff of CHESTER in his bailiwick. He therefore serve the within PETITIONS-EMGY RELF & MOD County, Pennsylvania, to On July 2nd , 2007 , this office was in receipt of the attached return from CHESTER ?7 w Sheriff's Costs: So an Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Th Dep Chester County 33.11 Sh r' Postage 2.74 72.85 ,? '11,2 a/0 7 07/02/2007 RON TURO mas Kllne f of Cumberland County Sworn and subscribe to before me this day of A. D. In The Court of Common PleaW61W?er gj§onnty, Pennsylvania Susan Bertolotti Date 7 P-2 c c`." S'7 FS vs. William J. Miller Jr $ Paid SERVE: Susan Bertolotti Receipt No. No. 02-5785 civil Last day to service 17-11-,07 Now,_ June 14, 2007 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service r Now, a 20-®!-7 , at /:39 o'clock P M. s&vect within Pfr,'noMg Via- ...•F ,-, upon THE D EfENDANT sv at l3 -K / &WtlQle Qn. eEiv v67T' AQ /9.445r by handing to 6 us acopy of the original ?cw,, and made known to the contents thereof. So answers, Sworn and sutlscribed before ? y. o me this, ay o_ , 2001 X o b a _ v o., 2 , o° Cr S' 672//0-7 ZbLj, l6AA4A2,sa, GAIa-Me D Sheri f County, PA COSTS SERVICE _ MILEAGE _ AFFIDAVIT SHERIFF'S RETURN - GARNISHEE r CAN NO: 2003-03426 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY ADULT PROBAT VS SHOEMAKER JOHN V And now GERALD WORTHINGTON ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 1150:00 Hours, on the 20th day of July , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , SHOEMAKER JOHN V III ESTATE OF hands, possession, or control of the within named Garnishee KAREN STAFFORD 1 SHOEMAKER LANE MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to KAREN STAFFORD , in the personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 0 0 Y, 7/03`6 -r 00/00/0000 Sworn and Subscribed to before me this day of By Deputy She ff A.D SHERIFF'S RETURN - GARNISHEE *-CASE NO: 2003-03426 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY ADULT PROBAT VS SHOEMAKER JOHN V And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 1945:00 Hours, on the 24th day of July , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , SHOEMAKER JOHN V III ESTATE OF in the hands, possession, or control of the within named Garnishee ROBERT FISHER, EXECUTOR 6 JOHNS DRIVE MECHANICSBURG, PA 17050 Cumberland County, Pennsylvania, by handing to ROBERT FISHER , personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION the contents there of known to Him-. and made Sheriff's Costs: So ark e ??? Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 00/00/0000 Sworn and Subscribed to before me this day of By Aa6? !11 - Deputy She ff A.D SUSAN BERTOLOTTI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM J. MILLER, JR., DEFENDANT 02-5785 CIVIL TERM ORDER OF COURT AND NOW, this 19rA_ day of August, 2007, the petition of William J. Miller, Jr., for emergency relief to grant him primary physical custody of William Miller, born July 17, 2001, and Margaretsarah Miller, born March 25, 1993, IS DENIED. Primary physical custody of the children shall remain with their mother Susan Bertolotti pursuant to a custody order entered on January 27, 2003.' ' On May 29, 2007, as a result of a drug relapse, the mother was admitted to Bowling Green where she remained an inpatient until July 12. This was not her first relapse or period of inpatient treatment. The father came to the mother's home in Camp Hill and stayed with William and Margaretsarah to the end of the school year. Since then the children have been staying in his home in Philadelphia. The mother has regained her full-time employment and is undertaking therapy and intensive out-patient treatment. As long as she does not relapse it is in the best interest of William and Margaretsarah to live with her and continue their education in the Cumberland Valley School District. It is also in their best interest that the father maintains regularity in his periods of temporary physical custody with William and Margaretsarah, something he has not always done in the past. If the mother has another drug relapse we will immediately consider transferring primary physical custody to the father. We will have Cumberland County Children and Youth open a case and provide in-home protective services for William and Margaretsarah. CC) LL z vO ` `s. 0- ?ic ? aCt .1Lu d © ° US 02-5785 CIVIL TERM Emily Long Hoffman, Esquire For Plaintiff Michael M. Jerominski, Esquire For Defendant Edward Rouse Cumberland County Children and Youth sal p ?cc`1? 5 T ?lud-? ...din- e -2- W . . 7 Aur 15 2007 a4 SUSAN BERTOLOTTI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW WILLIAM J. MILLER, JR., : NO. 02-5785 Defendant : IN CUSTODY COURT ORDER AND NOW, this I I day of j4w??007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The parties shall submit themselves and their minor children to a Custody Evaluation to be performed by Guidance Associates. This shall be an independent evaluation with the evaluator authorized to share the results of the evaluation with legal counsel for both parties. The cost of the evaluation shall be paid for by the father but the father reserves the right to Petition this Court at a later time to request that this Court assess a portion of the costs of the evaluation against the mother. The parties shall insure that their spouse or boyfriend is involved in the evaluation if the evaluator deems their involvement is necessary. 2. Upon the conclusion of the evaluation and in the event the parties are unable to reach an agreement on a permanent custody Order, counsel for either party may contact the Custody Conciliator directly to schedule a Custody Conciliation Conference which may be held via conference call with the Conciliator and the two attorneys. The Conciliator would then have the ability to refer this case to the Court for a hearing on the merits. 3. Pending further Order of this Court, this Court's Order of January 27, 2003 as supplemented by this Court's Order fo August 10, 2007 shall remain ' effect. BY Judge el Jeromonski, Esquire ha cc: j ly Long Hoffman, Esquire L LU San, v v cl-i V SUSAN BERTOLOTTI, Plaintiff v WILLIAM J. MILLER, JR., Defendant Prior Judge: Edgar B. Bayley : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-5785 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are is the subject of this litigation is as follows: William J. Miller, III, born July 17,1991 and Margaretsarah Bertolotti Miller, born March 25,1993. 2. A Conciliation Conference was held on August 10, 2007, with the following individuals in attendance: The father, Willliam J. Miller, Jr., with his counsel, Michael M. Jeromonski, Esquire, and the mother, Susan Bertolotti, with her counsel, Emily Long Hoffman, Esquire. 3. The mother currently has primary custody of the minor children pursuant to an Order from 2003. Mother recently was placed in inpatient treatment for a drug problem during which time father had primary custody. Father also filed a Petition for Special Relief with the Court asking for primary custody in light of the recent circumstances with the mother. After a two hour hearing, Judge Bayley denied that request. 4. Father wants to pursue a Custody Evaluation after which he may request a more expansive hearing to address the merit of whether children are better off residing primarily with the dad. Mother is not in agreement to pay the costs of an evaluation. 5. The Conciliator recommends an Order in the form as attached. Date: V / C/, ?/ V,* Hubert ilroy, Esquire Custod Conciliator