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HomeMy WebLinkAbout94-04475 I , I' , " '1 , ' " r" " f ~ , , , , , S. IIUr~lIUnllo un ()rdel"Orlhl~ Court duled September 12. 11)94. Fulher hu~ prll1lury phy~ieul custody or the ulhrementioned children until such time us Deb Guod, Monllor, Is sutlslled thuI MOlher hus mude suflldent progress towurds lhe treulmenlor her uddicllvc disorders hI perlimn competently us Ihe primur)' physicul clJslodiun or the children, l'ursuunllolhul Order Ihe Monitor wus responsible lilr Issuing U wrillen reporl regurdlng Delcndunl's lreulmenl und expressing her opinion regurding sume. Suid rep1ll1 wus Issued Novcmbel' 2ll, 1994, 6. Pursuunllo purngrnph 4 of lhe Order dUled Seplember 12. 1994 Iflhe purlies m'e lInuble 10 reuch un ugreemenllilr Ihe relurn ofpl'imury physicul cuslody orlhe children IOlhe MOlher uncI' I'eceipl oflhe Monilor's leller. u prom pi heuring would be scheduled louddress lllllllsslle, 7. While Pluinliff did relurn cuslody oflhe children 10 Dclcndunl on or ubout December 6. 1994, he hus luiled 10 sign u SlipulLllion tbr Cuslody. Dclcndunl's counsel hud prepured u Slipululion IiII' Cuslody which she lilrwlIl'lled lo Pluinlift's counsel Oil December 12, 1994, ^ copy oflhe cover leller 1I11d dmn Sliplllulion till' Cuslody is [I11uched herelo und murked us Exhihil" ^,', ll, Pluinlill: despite wrillen requesls on bOlh Junuury 23. 1995 und Murch 3. 1995, hus Ihiled 10 sign Ihe Slipululion or respond 10 correspondence, " !i involve..nt of each of the parties with thst prograM, The children should , III also be .sde to felll cOMfortable with Monitor so that. they can convey II I, inforluUon to Monitor as thllY dllllm appropl'iatll. 2. When Monitor haa completed a reallonable period of monitoring the mother's ,behavior and is satisfied that the mother has made sufficient progresH toward the treatment of hllr addictive disorders to perform competently all the primary phYllical custodian of the children, MoniLor ahall laaue a written rllport, in lettllr form, to both of the partiell, through counllel, expresB1ng such op inion. 3. 'he relatlonahip beLween each of the partlea and Monitor shall not be a therapeutic relationnhlp. We dl!ulgnatu Monitor uimply to monitor the mother'n uUorta to deal with her addictive dlao~der and her Bultabllity to have primary custody of the children aD B renult of her effortu. Au a rl!llult, all Information providl!d to Monitor by either of the parties ahall not be deemed confidential and Monitor, and the ,employeen of Monitar'n office, ahall be free to tl!ntity without any claim of privilege I! or confidentiality at any subsequent hearingn in this matter, 4. Upon receipt of the letter report deucrlbed in Paragraph 3 above, it the I parties cannot then reach agreement to return primary physical cuatody to the mother and agree upon Lhe terma of a cuntody achedula for the children and both parenta, we will achedule a prompt hearing before the undersigned upon the motion of either party by their counsel. It the partiea reach agreement for the mother to have primary physical custody or for any other modification of the custody achedule after the date ot this order, they ahall Bubmlt that to the court by stipUlation for entry as an order. 3 , I IN 1HB COURT OP COMMON J08BPH A. liLLO, PldntUf PLBA8 OP CUMPBRLAND COUNTY, PENNSYLVANIA VII. ) NO. 94~44'1f> CIVIl, 'rIlRM sUSAN M. RILLO, ) Defendant ) CUSTODY JUDGB PREVIOU8LY ASSIGNED I The Honorable Edgar P. Bayley ~J.WMO..-L~I-'!CJt__Q~!Y RBpORT IN ACCORDANCB WITH CUMBBRLAND COUNTY RULf. OF CIVIL PROCBDURB 191f>.3-8(bl, the undersigned custody conei liator sublllito the following reporll 1. The pertinent information concerning the children who are tho SUbject of thill litigation is all followsl Julio Rillo Jennifer Rillo A.anda Rillo 9 January 1993 19 Janu8l"Y 1984 If> June 1987 CURRBNTI,Y IN CUSTODY OF Plaintiff/Father Plaintiff/Father Plaintiff/Father !iM1! PIIlTHDATll 2. A Conciliation Conference was held on 30 Allguot 1994 and the following individualo were present: the Plaintiff and hlo attorney, Brllce D. Desfor, Eoqulre; the Defendant and her attorney, Maria P. Cognetti. Eoquire. 3. This caoe wall before ,Judge Bayley on the father'8 emergency petition for custody. At that Lime the father claimed that the mother was Incapacitated from , serving competently 010 the custodial parent becau8ll of hur alcohol problem. The court entered a temporary order awarding the father physical custody of the children. That order hao been adjusted olnce thou to give the mother Ilubotantial time with the children, while /lupervised by her companion, Howevor, the father continuos to have primary physical cuotody, i! , I I I 4, o\t the conference, the mother admitted having sevore problems with alcohol and I i : adMitted ~oat of the factual allo9ations set out in the father's petition for emergoncy 1 relief, ahe contended that sho Wus activoly aeukin9 help with her problem and claimed that she already had it largely under control, aho soeks to have primary phyaical cuatody of the childron returncd to har. 5. Tho fathor is not aatistied that the mother haa conquerod her addictive !' iproblems and ia not willing to agreo to roturn custody to her until he has Some basis i 1 to believe that she haa done so. He acknowledgos that he wants the children Ultimately to return to her primary cuatody, if and whon she recovera to the point that ahe can ,competently care for them aa the primary phyalcal custodian. 6. The parties Ultimately agreed to conuult with a psychologiat or other expert to review and monitor the mothor'u llrogresa in dlldling with her problemll, They agreed lupon the terma of an order aetting out the precise duties and functionu of thiu ,monitor, and the attached order was dictated in their presence dnd approved by both i'partios and their counuel. Following the conference, the parties dgreed upon the [[person to serve as monitor and I included that information in the order in its final il form, 7, In the meantime, with one adjustment as to time, the temporary custody order remains in effect, The children will be with the father from Wednesday evening until aunday evening and with tho mother from Sunday evening until Wednesday evening, still under the auperviaion of her companion, The children will continue their enrollment in parochial achool and each parent will be respanaible to get the children to school each day. 'I involvement of each of the parties with that program. The children should aleo be made to feel comfortable with Monitor BO that they can convey information to Monitor as they deem oppropriate. 2. When "onitor haa completed a reosonable period of monitoring the mother's behavior and is sotiefied thot the mother hae mode sufficient progrese toward the treatment of her oddictive disorders to perform competently oe the primary physical custodian of the children, Monitor sholl issue a written report, in letter form, to both of the parties, through counael, expreesing such opinion. 3. The relationship between each of the parties ond Monitor sholl not be a therapeutic relationship. We deulgnate Monitor simply to monitor the mother's ettorts to deal with her addictive disorder and her suitability to have primary custody of the children as a result of her efforts, As 8 result, all information provided to Monitor by either of the parties sholl not be deemed confidential and Monitor, and the employees ot "onitor's office, sholl be free to testify without any claim of privilege or confidentiality at any subsequent hearings in this matter. 4. Upon receipt of the letter report described in Paragraph 2 above, if the parties cannot then reach agreement to return primary physical custody to the mother and agree upon the terms of a custody schedule for the children and both parents, we will schedule a prompt hearing before the undersigned upon the motion of either party by their counsel, If the parties reach agreement for the mother to have primary physical custody or for any other modification of the custody schedule after the date of. this order, they shall Bubmit that to the court by stipUlation for entry as an order. 2 JOSEPH A. RH,I,OI tN TilE COllIn OF COMMON PI.8AS Plaintiff CllMU~~RLAND COllNTY. P8NNSYLVANtA v. C tV t L ACTION " CllSTODY SllSAN M. RILLa, (,q . L1t/'!)- Defendant NO. OF 1994 TI11MPORARY ORDER AND NOW, this ~_ day of -,~L~ 1994, temporary legal and physical custody of the three minor children, Julie Rillo, Jennifer Rillo and Amanda Rillo, shall be in the Plaintiff, their father, Mother shall have supervised periods of ~, 11-i.., "tM-, :(J lN1 ~_. jh.Q C~V.}Q-- h -\-D C {JVV' A-I\ G..+ l /In (1/'\. fn.JJ ""--:\ {j.t <^- V\JJ.tM I ~ (ytvtJ. Order shall remain in effect until further Order of Court. / J, MIVI'" . DllfOII 410 NORTH SECOND STREET . POBOX 1062 . HARRISBURG, PA 17109 1711123&,9429 . FAX 1711123&,2917 , ') " 1'/1 '91/ '1)0 , Iii '" "!!I i/-l.} ,1/lii " 1IIIr il-, ,.'1 d1tl,i . , . JOSEPH A. RILLO, IN THE COURT OF COMMON PLEAS Plaintiff CUMJ3IilRLANP COUN'rY, PENNSYLVANIA v. CIVIL. AC'rION - CUSTODY SUSAN M. RILLO, NO. qq , LjL/ 'IS' OF 1994 De fendant COMPLAINT FOR AWARD OF EMERGENCY CUSTODY 1, The plaintiff is Joseph A. Rillo, residing at 50 Pine StrQet, Carlisle, Pennsylvania (hereinafter father) , 2. The defendant is Suoan M. Rillo, residing at 2606 Rathton Road, Camp Hill, Pennsylvania <hereinafter mother) . 3. plaintiff seeks custody of the following children I l':I.IDM Present Resid~nce Date of Birth Amanda 2606 Rathton Road Camp Hill, PA 2606 Rathton Road Camp Hill, PA 2606 Rathton Road Camp Hill, P1\ January 9, 1963 Julie Jennifer January 19, 1964 June 15, 1987 The children were not born out of wedlock. The children are presently in the custody of Plaintiff-father, who resides at 50 Pine Street, Carlisle, Pennsylvania. During the past five years, the children have resided with the following persons at the following addresses~ P~aintiff and Defendant 2606 Rathton Road, Camp Hill, PA until January 1, 1991 With either Plaintiff or Defendant at their respective MIYI~I. DlI_ 4'ONORTH SECONO STREET . PO BOX'061 . HARRISBURG, PA I7IOB 17171136,9416 . FAX '7' 71136,1611 re~idences from January 1, 1991 until present day. The mother of the children is Defendant Su~an M. Rillo Gurrently re~iding at ~B06 Rathton Roadl Camp Hill, Pennsylvania, She i~ married, The father of the children is Plaintiff Joseph A. Rilla, currently residing at 50 Pine Street, Carlisle. Penn~ylvania. He is married. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following personsl Magdalene Ri 110 Mother 5. The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons I Defendant is believed to reside with her paramour. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending is a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because the 2 MlVlft..D1._ 4'ONORTHSECONOSTREET . PO BOx 1062 , HAllRISBURG, PA ITlOB 17171236,942B . FAx 171'11236,2617 Plaintiff oan provide safety for the ohildren as well as a stable and loving home environment. a. Each parent whose parental rights to the ohild have not been terminated and the person who has physical custody of the ohildren have been named as parties to this action. 9. Mother has had a history of drug and alcohol abuse throughout her entire adult life, The mother has undergone rehabil i tat ion and t roatment for substance abuse for approximately the post ten years. 10. On various occasions during the first year of the parties', separation I the mother became so intoxicated while visiting the father's sisters in Carlisle that she had to be driven home by another adult. 11, The children have reported to their father that their mother was driving them to piano lessons and fell asleep at the wheel and drove the car off the road. The children have further reported that this has occurred on several occasions. 12. The mother has recently been hospitalized on two separate occasiOIlS in an incoherent condition due to an alcohol induced stupor. , 13. On approximately May 19, 1994 the parties' three children had softball games and the mother drove the children to their separate games. The mother insisted upon driving the children despite the oldent child's protestations that she was afraid to get into the car with her mother due to her fear that 3 MIVI"'. Of.fOII 4.0NORTHSECONDITREH . po BOX'OOI ' HARRISBURG, PA '710B 17II12J6,0410 . FAX Iml1J61ell her mother waa intoxicated. On that aame date, the softball coach's wife, Michelle Hale, diacovered the mother in her car in an incoherent and apparently intoxicated atate. The ambulance waa called and the mother was transported to the fifth floor of the Holy Spirit Hospital, which is the Medical Detoxification Unit. The mother was determined to be unconscious and incoherent from alcohol and perhaps drug use, 14. The f.ather learned of this incident when he called the children at their mother's home to say goodnight and the children's softball coach answered the phone. The father thereafter went to stay with and care for the children, After the children were In bed t.hat night, the mother was released from the hospital and returned to the marItal residence where ahe was physically and verbally abusive to the father. 15, On the following day, the father informed the mother that if she did not go into rehabilitation for her substance abuse problem, that he would petition the court to obtain custody of the children. Additionally, father contacted John Maxton of New Insights, which is an outpatient rehabilitative care center, to inquire about inpatient rehabilItation for the mother. 16. Approximately a week later on or about May 28, 1994 the mother went into an inpatient psychiatric and drug and alcohol abuse unit at the Newport News Memorial Hospital in Newport News, Virginia. Mother remained in inpatient care in that unit for approximately 28 days. 4 MlYl"l. DlI~ 410 NORTH SECONO STREET . POBOX 1062 . HARRISBURG, PA 17106 11171236,9428 , FAXI1111238,2BJ7 17. During the mother's inpatient csre in Newport Newa, Virginia, it was arranged that the maternal gtandparenta would stay with the children during the week at the marital residence until achool waa out (:or the aummer, During that time, the ohildren apent their weekends with their father. Following the end of the school year, the children have apent virtually the entire swmner living with their father and in his care. lB, The father currently resides with his mother in her home \Ind has resided there f.or approximately the past two years, The children have traditionally lived with their father, at their grandmother's home, during the summer months. The father's mother is retired and stays at home all day with the children. Additionally, the children have plenty of activities at the grandmother's residence, including visits with their cousins, horseback riding and swimming. 19. On SundaYI August 7, 1994 the oldest and youngest child were visiting at a neighbor'S house and thereafter returned to their mother's residence to find their mother in an incoherent state and apparently an alcohol-induced stupor. The children ran to a neighbor'S house for assistance and the neighbor called 911 and thereafter the ambulance transported the mother to the fifth floor, medical detoxification unit of the Holy Spirit Hospital, The father elicited information from the assisting neighbor and was informed that the neighbor found the mother in an ,incoherent state and called the ambulance, The mother was unable to tell 5 MIVI~' . DI.,OII "0 NORTH 'F.COND STREE! . POBOX 1062 , HARRISBURG PA '7108 "'71238,9428 . fAX 1I1)'23e,2Bl) , the medioal teohnioian~ the proper year or day of the week and was taken to the hospital. The neighbor indicated to the father that the mother snlelled of alcohol, Immediately following this incident, the father took the children to stay with him at his mother's re~idence. 20, 'l'he mother has since returned home from the ho~pital and the father has reason to believe that the mother may attempt to obtain physical custody of the Ghildren. 21. Father files this Complaint for Emergency Physical Custody due to his concern for the safety and welfare of his children. He is concerned that the mother may transport them while in an intoxicated state and cause them physical harm. Additionally, the father feels that the children may suffer emotional and psychological damage by being in the presence of their mother while she is in an incoherent and/or intoxicated condition. 22. since the time of the parties' separation, custody of the children has been shared between the parties. Prior to the incident in May, 1994, father was aware of the motherls history of substance abuse, however, she was in outpatient care and father believed that mother had discontinued her use of alcohol, In light of recent events, the mother's abuse of alcohol has apparently started up again and father is concerned about the safety and well being of his 6 MIVlftl. DllfOIl 410 NORTH SECOND STREET . POBOX '06' . HARRISBURG, PA 1110B 17171236,8418 . FAX 11171136,IB' 7 JO~EPH A. RILLa, I'lnlntlll' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 94-44751994 SUSAN M, RILLO, Defendant CIVIL ACTION. LA W IN CUSTODY DEFENDANT'S Al'iliWJm TO PLAINTIFF'S COMPLAINT FOR .AWAIUl QEEMEI{GENCY qJSTODY AND NOW, comes Dcfendllllt. Susan M, Rillo, hy and thmugh her allorney, Mario I', Cognelli, and respecllhlly suhmits this Answer to Plaintil1's Complalntlbr Award of I. Admilled, I' . r- ,,) " L, 1 " " , , '" , '" ,..' -'J , = " Emergency Custody as lbllows: 2. Admilled, 3. . .,: u;, Admilled in purl. Denied In purt. It Is denied thutthe children huvti'eslded with either Pluintiff or Delendant uttheir respective residences from Januury I, 1991 until the present day, By way of cia rill cation, the date ofseparution ofthc parties is January 7, 1991. Furthermore. during the Ilrst year llfthe parties' sepamlion. the Plaintiff exercised inconsistent und infrequent visitation with Ihe children, ThereuHer, the Plulntilrhas hod visitation with the children on weekends. 4. Admilled, S, AdmItted. 6, Admitted, 7, Denied. It is denied thullhe hestllllerest und permunent wellitre anhe children will he served hy grunling Ihe rellefreyuesled hy Pluinlll)', lothe contrury, it Is In Ihe childrcn's hcsllntcrcstthul custody rcmuln wllh Defendunl. Delcndunt hus provided n snfe, stnhlc und loving homc cnvironmcnlli1l'Ihc pustlhrcc ycurs, In IUCI, whllc Inlhe custody of Plulnlifl: thc chlldrcnurc frcyucntly unsl.lpcl'viscd. cxposcd 10 ({. rutcd movies. lutc Il1l' doctor uppoinlmcnls. and onc child hilS misscd Ihrcc 10 ll!llr muth IUloring scssions in which shc is partlcipaling this summcr, K, Admiucd, 9, Dcnled, II is spccifically dcnled Ihal Dclcndunl hus hud II history of drug nnd ulcohol ubusc Ihroughout hcr cnlirc udulllilC. II is thrlhcl' dcnlcd Ihut Dclcndunt hns undergonc rchuhilitulionund Ireulmcntll1r suhsluncc nbuse (i) I' Ihc pustten ycurs, On Ihc cOnlrnry. Dclcndunt hus undergone trentmcntlllr upproximntcly six ycnrs and is currcntly under thc curc and Ircntmclll of Dr, John Mil'll und Dr, Nntnlle Berger, Furthcrmore, Pluintiff hus u long history of drug und nlcohol uhuse, Plnintilrhus hccntreuted In un In. puticnllilcillly Illr his drug und ulcohol prohlems, Moreover. Plaintlffhus hccn convicted ofcocninc posscsslon, lnuddition, Plulnllfl's mothcr hns u history ofulcohol nbusc und hils been treated in the past for her uddictlOI1, 10. Denied. It Is spedl1cully dcnled thut Del\mdunt became so Intoxicated on various uccusiol1~ while visiting Ihc Pluinlill's sislers in Curllsle Ihal she hud 10 be driven home by unolhcr udull. Online uccusiun, Defcndunt wus drlvcn homc hy unother adult. Morcover, this incident occurred upprUXin\lllely three ul1d one-hull' )leurs ugo und Delendunt volunlurily soughl treulmcnt scvcrnl duys uHcr Ihis incidcnl occurrcd, II. Dcfendunllucks knowledge or infonnuliol1 SUmcienllO form u bellefus to whut the childrcnlold I'luinlilT. llowever, II is specilicully denied thul Delendunl ever lellusleep ullhe wheel of u cur while driving Ihe children 10 piulll) lessons or on uny olher oceusion, 12, Denied. It is denied Ihul [)cfcndunl hus bccn hospiluli~,ed onlwo scparatc occasions, Dcfendunl wus never hospltulizcd ovcr nighl. On bOlh Ihc Ml\Y, 1994 occllsion and Ihe Augusl 7, 1994 occusion, Dcfendunl wus releus'~d fromlhc hospil111 on the sl1mc duy, 13, Adllliued in parI. Denied in purl. II is udl11illed thut Delendunl wus lrunsporled lolloly Spiril HospilUI. II is specilicully denh:d Ihal Defendanl was transported 10lhe Medical Deloxiliculion IInil. It is furlher denied Ihal Dclendant's condition wus euused by drug use, In lilCl, Delendant was suffering from panic alll1cks which cllused her to tUn! to ulcohol, Dclcndunt wus udmllled to the Emergency Room und releused the SUIllC duy, Currently, Delcnduntls undergoing treutmcnt und no longer sullcrs lhullthe unxiety Illlucks, 14, Denied. Defenduntlucks knowledge llr Information sull1cientto fortll u belief us to how Plaintitl'leurned of this incident. It is specit1cally deniel\thutl.)elcndunt wus physicully and verbllliy abusive to Plalntitf. In lilcl. Pluintiff refuscd to leuvc Oelcndunt's hOllle utler being asked severllltlmes by I )elcnduntto leuve, 15. Admitted with c1urification, 16, Admitted with clarification, The name of the unit where L>elcndunt underwenttrelltment is the Women's TruumlllJnlt of the Coloniulllospitul in Newport News, Virginia, 17, Admitted in part. Denied in part. It is udmilled thut during Defendunt's inputient cure in Vlrginill, the childrcn were in the care of their maternal grandparents at the marital residence until school was out. It is denied thlltthe children have spent virluully the entire sunllller living with their lilther. In tilct. the children havc spent equul time during the summer with PluintilT and Delcndillll, 18. Denied. It is denied thutthe children huve traditionally lived with their lather during the suml11er months, The purties share equul time with the children during the Kummer. Furthermore, Ills believed thutullbough l'luhlllll's molher Is "retired", /lho does not SIUY home ull du)' wilh Ihe children, Inlhcl. when In l'hllnlHl's cuslody,the childrenure inlhe home wllhoUI supervlsiollund/or wllh llIinor cousins, while Ihelr grundmolher is helieved 10 he wlll'killll In Rillo's reslUlIl'IlII1. On one oCCUSIOll. lhe purtles' seven )'eur old duughlcr culled Dc\emlunllll 10:30 P,I1\, lolell her Ihul she wus ulol1c In her rulher's home. Moreovcr. inthc pUSI. lhe children huvc been "hunglng oUI" In !lillo's reslllUl"lInl unlilmidnlghlor hiler, 19, Admllled in purl. Iknled In purl. Ills udmllled Ihull )c1endnnl wus lrunsporled lolhe 1101)' SplrilIlosplllllon August 7.1994, This Incident wus Insllgulcd b)' u eomhlnullon ormedlcutlons which wcre prcscribed b)' Dr, John Mlrn, In lhct, Dr, Mlru hus provided u leller 10 Delendunl's counsel reglmling Ihe slUtu~ or Ddendunl's condition, (Alluched us Exhibit "A") As Indiculed In the leller. Detendunl sullers from u biologlcul depression und Is currentl)' lllklng medicutlon und ullendlng weekl)' therupy sessions lo treut her condlllon. A mediclnc wus udded 10 her lreulment which hud II "delelerious effecl" In comblnullon wllh unlllher medlcullon, Dr, Mint believcs lhlll "lhc side effeCl orlhe mcdlcutlon", wus lhe Insllgulor orllktendunt'sl need to rcuch Ii.lr alcohol mld wus II speclul clrcumslunce wlthollt which her ulcoholuse would likely nol ÿ have occurrcd." (Dr, Mlrn's Icller. pagc I) DclCndunl's llIedlculion hus been subslunllull)' chllngcd to Ilvoid uny futurc side ellcclK or rCllctlons. Furthermorc, Kince this limc, Pllllntill'hlls tllken the chlldrcn10 IIvc with himllnd hils dcnied Delcndllnl conlllct with thc ehlldrcn. including uny surlof vlsitution, Delcndunt hus continuully und eonslslently asked Pluinllffto see the chlldrcn und Pluinlitlhus refused hcr visits with the ehlldrcn. 20, Admitted wilh c1urllicutilln, Dclcndunt wus rcleused Iromthe hospitulon Ihc sume duy, Ills l\trther udmitted thut(klcndunl desires to reguln physicul custody of thc purties' ehildrcn, 21, Delcnduntlllcks sulliclent knowledge und/or infonnulion us to the reusons Pluintlff HIed his Compluint lill' Emergency Physicul Cuslody, Further. Dclcndllntlucks knowlcdge us 10 Plulnlin's fcelings und ellnCel'llS, Ilowcvcr, Ills dcnied thUI Defcndunt ever hus ll'UnSpOrlcd the children while inanlntoxiculcd stule, It is further denied lhutthe dlildrenmuy suncr cmolillnul und psychlllogicul dumuge, Dclcndunt is currently under the cure und trelltmcntof Dr, Jllhn MIl'll und Dr, Natulie Bergcr, The children ure in no danger of cmolionul und psychologicul dumuge. howevcr slleh dumage muy llCCllr should Pluinlill cllntinue to dcny f)cfcndunl uny contucl wllh thc chlldrcn, 22, Dcnied, It is dcnied thUI sincc the limc of the parlies' sepamtion, ellstody of the children hus been shured, tnlilct. the children huve residcd prlnHu'lly with thc Delcndunl. Mllrcllvcr, it is denied thutDetcndunl's ubllse llf uleohol has slurted up ugain. JOHN ,., MIItA, />1,0, IIl~'1 OU"'"1l ..~u., .'UH .~D IDO~''''~' 'I\'C~I~'" <:1.1'11'1 0, lOON I", MIW ..u.., 1101. .."UU'H' '''IlHOrHIIA''., lUlU 104 IoIIDIIIA~ AI,. "Oq no ,.;I'~~' OHU.O H 10AI IIAIoI, ~IL~ ,,. "III' ,.,'~Hllh" ''''I ,"'IU AI~n'a~ 1t5, lnll M.r~a P. cognlttl, Attor~vy at Luw IJi-1311 W~ln~~ Strw.t ~.u." h nurQ, rJA 1711llZ 'U" Bunn Illllu O.ar MI. COnn.ttll Thll l.ttur II wr~ttDn I~ ur~.r to Oo~um.nt thl ut~tu. 0' Mrl. eu,~~ 'Hllll HI IlIW uffLc". M"~. IHIIO ha~ ~ntll..d t"'ol~u"t with u. I/ond allo with Or, Nlltal III a"'Il""1 (WIth whom 1 wo~'h cluGulyl 111 o.-dul" tu dhll with the p,yC:III.IILlIlIc:lli IOU'.'" III Iw,' Hf.. that holY. C:llntt'1bIJhd tu h.r dlrtlcult~11 In ~~I"t.lnl~1l hI'" N~rrlllg. and h.r Itv.1 of '~II\c:tlo" and ill.1l ~IJ t,,~, alr.:ohllL u... ~h YOI"l hnll... l~rG. RILlu !'lIu.ntly WI" hUlpltollllud fur hu,' alcuhul u~o Pond dep"tl'lun. Elhe wall dlllc:hl1"\1el:l frill. thollt hu'pl~"II~Ltti'lIl with II pt'l..ar-y dll/ollllUll. of D.pr.lllo" which h., uHl,tud fur ~~~y yellr. ., wuLL ., M hlltory uf l~tlt'lI\ltt~~t . I r.:llh II I lao. ~(el' I1ICllhlll 'UN I' CLlllll,h,r.d to 1.If tlWl' o~ly .,-,tI.t.llce uf IldOIc:tlo~ GIIIC:' dn'lI <In hM' b".n If, p,'obltN which hall Illnll 'I~a. aUII" 'JII\I.." ~llnla'LlI m...~y y..rl .\10. ~Irl. 'Hllo ...lU &lllIn l~ Ul"ll' uffl!:e ~lIltUlly o~ J..ly a, 1'194 ."d .Inel thllt t 1.0 hll'~ beUIl tlU~ lln JIJly ;i:3, "IlO A'.\lult '), li'l4. A. 1 InOlc.ttll ,h. IH.\G "llu Gt41r'tt<l 1"DI"lI,w thlt'apy with 0". 8vrlil.r and h4l1 .r:h.dl.llttJ l'Ol1uL~I' wl/wldy ttHlr.py ulI'.ILlnll In Lll'dll... to Illtllnlllvtly ""11'11 to unc.lll....t"n~ hit. IImuHo~.1 01110 <levI lopmo~tl\l .Kp",'19nCVI I/ond how thlY hllvlI Itff~ctlO h~,' In 1'~I.tlall tu hl/r C:'J!'I'wnt "If'fI ':I"llhll.. M,'" Rilla dO"I IlilV" ., IJlulogu; d"JJt'IIG.~un ,,~u IlIll ...al dllehll"u.d on "" .ntl-dllpl'1I1..\nt Iftlldl!:iltlull fl'l)ln IlWI' l'lIl~~~t ho.plt..ll.atlu~. O'~" .atn tall" 1n our offico ~, tu ~o~ltQr th~t N.dic~tIQ~ II~O w. havw blun tl'yl"Q tll lIal<ll ~OJl.llt"II"t~ WItt' It In OI'(JIt' tll dllr.:"lIalll .lllll.ty l.v.I" ...hl~h h.,vu bllln "lall oI\lo~[l wItt'. hitI' ~tp"o"IQn. 0.", Inlt 1.1 Mttuptl tll 1I\'lIll..~t Mr'" ftlllu' ~ Ioll\;<lltty ~,'u",tmllnt wa'J tll add II mfdl~l~lI cdllc:l euGp~r which Ib e non-~vdlctlvll ~nlt-~nKillty Nlldl~ln., Thll "lIdlC1,)tl'l~1 I1UWl/VI" 1\.\<.1 oA dlll...t"'IOI., IIffll"t ll~ lIu,' In C:llllbl,"stllln with hII' a~t I-d..p""....~t (lHfli~ol.l. Thlt Iff..et I ~ ~, &\ 1'lllIlt of IIKtun~lv" 'ol'ato~ln L"IRm.~tj.\t~Ll~ "nil t1lthllugl1 1I\".ltqlant In O<1C:'lt'I'lIna. IS wIll k~ow to c~lao InC1t'UIIIII\!l &\OltL\tla~, r"ClIl\g of ttlul.l\lht" dl'la"e""I~l\tILl~ 'If tllLl'JOht. 1I11d l~c"lta,I~A IlIvwlt I)f ."~I.ty. 1'1"1. Hilla r.cI"tly vKplrlllna.<.I the lutt." 'YllptUNU ~n<.l trlwd to <.1..1 with thll v.ry unr.:omrortabl. rrlQhtonlllQ IMp.rlllno. with thll II.' of j.\\QlIhlll. 1h. .~U. tff.~ of \hll ..~lD__J~" , _.,~.v. w.. ~n. 1111' LIIIU"I' 0' hll" "..d to 1'.11,," fa" _\1I0nll\ IInlt wa. .. .,.,,~.) u~~.W..,.~c. without w~lah h.l' ~lou~u ...... would 1Ik.\y 1\01 h.VI oc:c\J"....<l. JOSEPH A. RILLO, PLAINTIFF V. SUSAN M, RILLO, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-4475 CIVIL TERM CUSTODY ORD~R OF COURT AND NOW, this 15th day of August, 1994, following a chambers conference with counsel pursuant to the order of August 9, 1994, IT IS ORDERED THAT: (1) The court order of August 9, 1994, shall remain In effect pending conciliation. (2) The mother, Susan M, Rlllo, shall have supervised periods of temporary physical custody with the three children In the presence of her companion, Mark Williams, These periods shall occur each week from 7:00 p,m, Sunday through 8:00 p,m, Tuesday, (3) The children shall continue to attend Good Shepherd parochial scl100\. (4) During the period of time each week when the children are with their father he shall arrange for one occasion In which they call and ar mother, ~ ;~ ~ ~. J >~ ~ r i ,[ ~ ~f ~. g;J. .. ; ~ . 2- 1:'. -,; , . . ~''':J .. " ,. ~q ..- 1."1 ~\l , , "'1. , , . I..~ lJlIl~'" III M....., I! <',"/oI"I'lIi II I' It.., fit'" Ilulll~hllrll, l'I'IlIl~~I\"III,1 111111< Ilhl<'! . \ , , S. Admillcd, 6. Admlltcd. 7. Denied, It IH denied Ihutthc hcstlnlereHI und pcrmuncnl wcllurc ufthc childrcn will hc Ncrvcd by grullllng Ihc rclicfrc'lUCslcd hy Pluinlill'. To lhe cunlrury, II is inlhc children's bcstlntercsllhut custody rcmuin with Dclcndunl. Dclcndunt hilS providcd II slIle, stuble IInd Illving hlllllC cnvlronmcllIli)r thc pustlhrec YCllrs, In luel, while Inthc cusllldy llf Plulntl n: thc childnm IIrc frequcntly unsupervised, exposcd to R- rulcd Illovlcs, IUlc lilr doctor uppulnllllcnts, und onc child hus misscd thrce lolbllr llluth tutoring scssions in which she is Jlurliciputlng Ihls summcr, I!, Admitted. lJ. Dcnled. It Is spcclllcully dcnled thUI Dclcndunt hus hud u history of drug und uleohol uhusc lhroughout hcl' cntire udulllilc, It Is litrlher dcnied thut Dclendunt hus undcrgone rchubllilutlon und tl'Cutlllcnl till' substuncc uhusc fi)r the Jlllslten ycurs. On thc cOlllrnry, Ilclcllllunt hus undcrgllnc trcutlllcnt fill' upproxlmulcly six ycurs und is currcntly 1II1llcr the curc 1I11d tl'cutmcnlol'l k John Mil'll und Dr, NUlulic Bcrgcr. FUl'thermore, Plulnllff hus u IUllg hlstlll'Y uf drug und ulcllhol ubusc. Pluinllff has becnlreuted in un in- pUllcnl filclllly till' his drug und ulellhol problems, Morcovcr. Pluintiffhus bccn convictcd uf cucuine posscssion, Inllllditil.ln, I'lulntin's Illllther hus u hlslory of uleohlll ubllse und has been trculcd In the pustli.lr her uddlctlllll. 10. Dcnlcd. II is spccll1eully dcnied thut Defendunl becumc slllntllxiculcd 1m vurious lIccusillns whilc visiting thc Pluintin's slstcrs In Cllrllslc thut shc hud III bc driven hllme by unothcr udult. On one lIeeusion, Dclcndmll \VIIS drivcn homc hy IInother udu1t, Moreovcr, lhls incldclll occurrcd upproxillllllcly thrcc und onc-hulfycllrs ul!llund Dclendunl vllluntllrily soul!httrclltlllcnt scvcrnl duys utlcr lhis incldcnllleeurred. II. [)clcndunl hIcks knowlcdgc or inlill'lllutlon sufliclent 10 till'lllU hcllcf us to whut the ehildrcn tllld Pluintitl'. llowcvcr, (I is spedlieully denied IhullJclcndunt cver lell uslecp utthc wheel of u cur whllc driving lhe childl'cnto piuno lessons or lIn uny othcr oceusilln. 12. Dcnicd. It is denied thUl Dcfcndunl hilS bccn hllspilullzcd on lwo scpllrllte occllsions. Dclendunt wus ncvcr hospilulizcd liver night. On bllth lhc Muy, 1994 oceusionund the August 7, 1994 oeeusion, Delcndunt wus rcleuscd Irllm till: hosJlitul on the sumc duy. 13. Admitted in purt. Dcnied In purl. It is udmittcd thut Dclendunt wus tl'Unsportcd to Holy SpiritlIospltul. It is spcd Iiclllly dcnlcd thllt Detcndant WIIS tl'Unsported to the Mcdieul Detoxitieutllln Unil. It is tllrthcr denicd thut Detcndunt'K condition \Vus euuscd by drug use, In fuet, Detcndunl wus suffcring Irlllll punic uttllcks which cuuNcd hcr to lllm 10 u!cohol. Delimdunt wus udmilled 10 Ihc Emergency Room und relcuNcd lhc Mumc duy. Currcntly,l>clendunl is undergoing IrCUllllcnt und no longcr sullers 'rom Ihc lInxicl,y ullucks, 14, Dcnied, Dctcnduntlueks knowledgc or Intill'll1ullon sullicienllolill'lll u bcllcfus to how I'lulnlill'leurned oflhls Incidcnl. It is spccilieully denlcd thUl l>elendunl wus physicully und vcrbully ullusive 10 PlulntilT In tuct, Plulntiffrcluscd tolcuve Dclendunt's home uncr bclng uskcd scvcrnltimcs by DctendunlllllclLve. 15. Admlttcd wllh c1urlJiclIlilln, 16. Adlllillcd with cJuriJiCUtillll, Thc n[\Jlle of the unit whcrc Delendunt underwenttreulmcnt is the Womcn's TruulllulJnlt ofthe Coloniulllospllul in Ncwport Ncws, Virginiu, 17. Admittcd in parI. Dcnicd in purl. It is udmittcd thut during Delendunt'K inpulicnt cure in Virginia, the childrcn were in the care oflhcir mUlcrnul grundpurcnts ul lhe murilul residcnee unlil school wus ouL It is denicd thai the childrcn havc spcnt virtually lhc entire summer living with their luthcr, In Itlc!. thc children havc spent cquul time during the sUlllmcr wilh PlulnlilTlIlId Detendunl. 18, Dcnicd. It is denicd lhullhe childrcn huve lrudilionully lived with their father durin!! thc summel' Illonths, The purties shure cquultime with the childrcn durin!! the summer. Furthermore, it Is believcd thutulthough 1'lulntill'M mother 1M "retired", Mhe docs not sluy homc ull duy with thc chlldrlln, In Iilct, whcnIn I'luinllll's custody, lhe chlldrcn ure in thc home without supervisionund/or wilh minor ellusins, while lhelr I!rundmother Is hclicvcd to h~ wurking In Rillo's I'cstuurunl. On one oeeusion, the partics' scvcn year old duughlcr eullcd Dcfcndunlul 10:30 p.m. 10 tell hcr tllUl shc was alonc in hcr lathcr's hOllie, Morcover, in the pust, lhe chlldrcn huvc bccn "hunglng out" in Rlllo's rcstaunlnt until midnight or IUlcr, 19. Admillcd In purl. Denicd in purl. It is udlllitted thllt Detendunt wus transportcd to the Ilol}' Splril Ilospllulon August 7, 1994, This incidcnl wus instigutcd by u combinution of medlcutlllns which were prcscribcd by Dr, Jllhn Mlru. In tact, Dr. Mira hus providcd u ICllcr tll Dclcndunl's eounscl regurdlng thc Slulus of Dclcndunl's condition. (Alluehcd as Exhibit "N) As indieutcd Illth~~ leller, Dclcndunl suflcrs from a biological dcprcssllln and is currcntly taking mcdieutionund ullending wcek1y lherapy scssions to treat hcr condition. A medicine wus addcd 10 hcr treulmelll which hud U "delcteriouK cffcet" in combination with IInothcr mcdicalion, Dr. Mira believcs t1lUt "Ihe side cftccl of thc medlcutlon . , , wus thc instigator llf lOctcndulll's Inecd to rcaeh Ihr alcohol and wus u special cireumstllnee wilhoul which her ulcoholuse wlluld likely not huve oeeurrcd." (Dr, Miru's ICller, page I) Delendant's mcdieation has becn subslantiully chunged to uvoid uny luturc side ellecls or reuctionM. Furthermore, slncc this time. I'lulntlll'huK taken lhe children to live with him und hus dcnlcd DclendulIl contuct with the ehildrcn. including uny sorlol' vlsilatlon. Dclcndllnl hus continually IInd consistently uskcd I'luintltl'to scc Ihc chlldrcn und I'llIintill'hlls rcfused her visits with the children. 20, Admitted with c1l1ritieuliun, Delcndllnt wus rc1cllscd Irlllllthe hllspltulon the sumc duy. It is l\trlhcr udlllittcd Ihlll Delcndllnt dcsircs tllreguln physical custody of the purtics' chlldrcn, 21. Dclcndantllleks suflicicnt knowledgc und/or Inlimlllltion us to the reusons Plulnti 1'1' t1Icd his COlllpluintliJr Emcrgcney I'hysicul Custody, Furlhcr, Dclcndunt lucks knowledge us to Plllintitl's leclings IInd Cllncerns. lI11wcvcr, it Is denied thllt Dclcndunt cvcr hus trunsporlcd thc ehildrcn whilc Inlln intoxiclltcd Slutc. It is furthcr dcnicd thutthe chlidrenllluy suncr cmolillnalund psyeholllgical dlllllagc, Dctcndant is eurrcnlly undcr the cure uod trcatlllcntof Dr, John Mira IInd Dr. Nlltalic Bcrgcr. The childrcn urc in no dungcr of cmotionlll und psychological dUlllage, howcver such dumugc lllay occur should Pluinliff conlinue 10 deny [)elcndunluny eOlllllct with the ehildrcn, 22, Denicd, It is denied thllt since the tilllc of lhc purtics' scpurution, custody of the children has becn shared, In titct, thc ehildrcn huvc residcd primarily with the Dclcndunt. Morcovcr, il is dcnicd that Detcndul\I's ubusc of ulcohol hus slarled up uguin. " JOHN ,., MIM, M,O, 'Il~" 0:'."'"11 .,~'~.' .DUl.f .~D ,.DOL....N' "'C~I~'.' ClI.AII'1 D IOONI". Maw .OUl.r ~HD ~DO""ClH' "'CloDrNIDA"., lUlU 104. ~IDIII"~ AD" I..Oq "II ,.;I,.U CNU.OH lOAD 0:."" HI.~, 'A 11111' .-'., U...~Hllh" "'71 ,,,.,,.. AI~l1'a~ I !:It 1..,11 MArLa P. coun.ttL, Attor~IY .t L~w lJi-LJII W~ln~t Strw.t ~Mrr~lhurQ, PA L7~0Z ~f.1 Bu~an Mlllu O...r MI. COR'\Ut II ThLI I.ttur II wrltt'" In ur~.r to oo~u~vnt th~ ut~tu. 0' Mrl. eu.~~ 'hllll I" IlIJr uffLCIf, M"~, 111110 ha~ ~l1tl"ld t"Uolt~t11t wLth UI land .110 With Or. NatelLll 81t'lIlr. (V41Ih whom 1 WOt'" dlluulyl 111 order 'co dul wLth the plYC:tllllllgLcaL IHI.'~I 111 Ilv,' ILl'. th.t I)"v, tluntt'lblJhd to h.r Ol'flcultlll In .~lnt.lnLnu hII' ~..rrIAg. .~d h.r l.vII 0' 'u~ctlon and ,,1111 tu hvt' alr.ohllL un. .)1 yo" kllUV4 I~ru. Rlllu ".U'r'\tly Will hOIPIUIH:nd fur hot' alcohlll \lU And dup'....LU~. She wu dLijcharllVd frll~ th~t ho.pltall~~tllln with A prlDlAry dllA~~UIII of Deprt.'Lon which hat vHI,tvd fur .~ny y.~rD a. wull .1 M h~ltory uf l~t"'I\1tt,,~t .lcuhul tall. ~t~., lllcllhol 'ati II r.u~lldllr.d tIll III ',li.' o~Ly lullltancD U" fAdOLctloll oLnc. dnlU un hM~ bun A p,'otlllll which hat lU"ll ulnclI cu~v undlfr c:untrul m..~y ".1"1 ayo. ~Ir.. fHlLo wall nlln III UUI' ufflco L~ltl.lly on July a. 199ft and ILllal that t Llnu hl.\'~ b01l1l IUU" un July ;,':3, l1~oj AI.lllult 'l, L~'l4. A. 1 IntHeAt.d oh. hllu &11111 utfAr.tlu .'.oul,,,' ttllt'apy with D.,. elirlllr alld hAI lr:llll<II.lltrJ I'OD"L~I" wlollolldy ttw,'.py Ufl,.lon~ In I,n'dN' to 11I~lfn~lv.ly wurll to unOlrltllnd hor um(jtI0~1l1 I.mu dvvvlopmlll1tolll vKp""~OIlC:II Mild how thliY hl1vII ..ff~ct't1 hUt' Ln ,'vl....t lOll tll hllr ~'.l"I'ullt ..'I fflr.:ult I.n, H.'... Rllll:l dOVI hAve II lllUlolllC dlllJ"ti~~L<J1I MIlU !lhv wal U~~clloll"U'U on an A~tl-d..prlll~nt mlldLcGtLulI from hvr r.ae~t hOlpltAL~zatLu~. Our .aln tL\lk In OUI' oHlco II tCJ 11011ltg,' tlliAt I..dlc....tlu~ a~c.I w. hl\\l1 bt.,1I t"Ylnll tll Ilako 1l0JUltllv,H.. Wltt\ Lt In <It'd.,, tu dvy.....o .I1HI.ty 1.\1.1. which h~vv bllln hil]h oII1o~1l V4Ltr hiI' ~Ip"olllgn. 01.1" Inltl"l Mttumptl tll elJlI~I~~ M,'" /llllot.. Ol'H<lvty ~""i!tmvnt V4a'~ tu add &I udlc.:I~. c:"Il.d eIJ6ptU' which Ib It I)On-LlCldlct .v~ tlnlt,....nKlvty IIvdl~lIlf, Thll lI11cJlcitt Lll~, t,uwlIv.r /I.u! .. d.,lloltlf"lo'a Ifff.,..'t u~ hur In c:ullllll1at lun with hor .lItl-d.pr.....lI1t mtfli~url, 'fhll Iff.tlt 1& III a "liIU\t of IINtltlllLvw 11I1'iAtll~ln t"'"mllltatlon dnCl illthll"lIh Il1ft'''ql.llt~t Ln Ol;'CIJ,.t'lfnca ~. WIll k~o.. to 1..'11\1.110 II1t:"lIl1llng oIIQltat lon, N\t:ll1l1 (jf tt'"ullhh. dl'~orll.\nl~Atlu~ I)f tlll:j'JOht~ L1nCl IIlt:rlol/.\II~lI llfVII11 Ill' Il~NI'ty, Mt'l. Rilla r.cuntly vKpvrl.llc:.d tha lutt.r ly~ptUIIU Il~d trLld to dll.1 wLth thLI ....ry I,lllc:omfurtabl. f"lQlltunLnll aKper'LunC:1I with IIh. u.a Qf IA\O"tHl\, 11'101 .\ua eU." of \hll .......Ul..." \ ".H.... W_. \1'1. Lnlt\Q'uol' 0' hilI" "lIad tl:l rllllCll1 101' _,aono' _n1 w.. .. ..."..) g\~.u...anQ' wi.hout whiah h.r Mlcuhu ~.. WDU d '\h.\y "II' h~v. QC;C:llrr,rJ. , ' * J () '$t'fA II, P;/b 'IN 'rHB COUR'r OF COMMON PLBAS OF Plaint:Uf 'CUMBERLAND COUNTY, PENNSYLVANIA , V ,CIVIL AC'l'.rON - LAW * ".Ao;,;" .\ M ,~\I/.l Defendant ~No,1ll' IN')S CIVIL 19 rCUSTODY /VISn'ATION ORDER OF COURT ;1'" I:J l1~i'l AND NOW, this (date)' , upon consideration of the attached complaint, it is hereby directed that the parties.and their respective coun!lel appear lJefore )'i ",," '- ( ./I'lllr ~ (,!w, the conciliator, at c>;),_ (1/ I,?'I~I ',,'1, l( "'''~' . on thevql\1 day of 1\, "j""; ,'1 '/'1 ,at TIO(') (l, M., for a Prehear,ing C stody 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, Either party may bring the child who is tlle subjeot of this custody action to the conference, but the child/children's attendance is not mandatory, Failure to appear at the cont~rence may provide grounds tor entry ot B temporary or permanent order, , FOR THE COURT: ~ "V)" YOU SHOULD TAKE THIS PAPER TO YOU~ LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINO OUT WHERE YOU CAN GET LEGAL HELP. By: ' Custody OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE FA 17013 (717)240-6200 . Plaintiff cun provide safety for the children as well as a stable and loving home environment, 6. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children have been nBmed ns pnrties to this action. 9. Mother has had a history of drug and alcohol abuse throughout her entire adult life, 'l'he mot.her has undergone rehabilitation and treatment for substance abuse for approximately the past ten years. 10. On various occasiono during the first year of the parties' separation, the mother became so intoxicated while visiting the father's sinters in Carlisle that she had to be driven home by another adult. 11. Tho children hav<~ reported to their father that their mother was driving them to piano lessons and fell asleep at the wheel and drove tho car off the road. The children have further reported that this has occurred on several occasions. 12. The mother hUEI recently been hospitalized on two separate occasions in an incoherent condition due to an alcohol induced otupor, 13. On approximately May 19/ 1994 the parties' three children had softball games and the mother drove the children to their separate games. The mother insisted upon driving the children despite the oldest child's protestations that she was afraid to get into the car with her mother due to her fear that 3 MEYERS. Dl6fOR "ONORTHSECONDSTREET . PO bOX 1062 , HARRISBURG, PA 17109 171'11236-:)428 . FA:l.lJ171136.2BI7 17. Pu~ing the mother's inpatient care in Newport News, Virginia, it waa arranged that the maternal grandparents would stay with the children during the week at the marital residence until school was out for the sUl1uuer. Oudng that time, the children spent their weekends with their father, Following the end of the school year', the children have spent virtually the entire summer living with their father and in his care. Ul. 'rhe father currently J:esides with his mother in her home and has resIded there for approximately the paat two yeara. The children have traditionally lived with their father, at their grandmother's home, during the Sllmmer monthu. The father' a mother is retired and stays at home all day with the chIldren, Additionally, the children have plenty of activities at the grandmother's residence, including visits with their cousins, horseback riding and swimming. 19. On Sunday, August 7, 1994 the oldest and youngest child were visiting at a neighbor's house and thereafter returned to their mother's residence to find their mother in an incoherent state and apparently an alcohol-induced stupor. The children ran to a neighbor's house for assistance and the neighbor called 911 and thereafter the ambulance transported the mother to the fifth floor, medical detoxification unit of the Holy Spirit Hospital, The father elicited information from the assisting neighbor and was informed that the neighbor found the mother in an incoherent state and called the ambulance, The mother was unable to tell t. :> MEYERS. DESFOR 410NOfHH SECOND STREET . PO UOX lOOt . HARRISBURG, PA 11108 111/11360418 . fAX 11111136,1811 tho medical technicians the proper y,~ar 0): day of the weak and Wa~ taken Lo the hoapital. The neighbor indicated to the father that the mother smelled of nlcohol. Immediately followinu this incIdent, the father took the children to stay with him at his mother's residence. 20, 'I'he mother has since J:eturned home from the hospital and the father has reaoon to believe that the mother may attempt to obtain physical custody of the children. 21, Father files this Complaint for Emergency Physical Custody due to his concern for the safety and welfare of his children. He is concerned that the mother may transport them while in an intoxicated otate and cause them physical harm. Additionally, the [ather [eels that the children may suffer emotional and psychological damage by being in the presence of their mother while she is in an incoherent and/or intoxicated condition. 22, Since the time of the parties' separation, custody of the children has been shared between the parties. Prior to the incident in May, 1994, fath"r was aware of the mother's history of substance abuse, however, she was in outpatient care and father believed that mother had discontinued her use of alcohol. In light of recent events, the mother's abuse of alcohol has apparently started up again and father is concerned about the safety and well being of his r, MIYlRB . DlBfQR 410NOI1TH SlCONIl STAll! , I' 0 11m 1062 ' HMlflISIlUAO, PA 1710a I1I71n6.041R . fAX 11111nU4'HIl .{ I", -..t. ~ ~ ~ 'i i . ...., ~ - _...... ~- J~ ~ ~ t' i I" ,J ~ t"O~ ,'i l~ ('jB ~ E ~ai .. ; ~. ,J, " .J , , , '- ~, " 'j t. .' . J ~~. 11I11\~'\ III j\\'lrl.. I~ C"I~Il"" i ",0. Hn' 1Jt(1) ""llj~hlllll, I\'nll\) 1\ 11111>1 171IlH.t)MN . ".- ...'.. l7171l.lUIII\ .