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IN THE COURT OF COMMON PEEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
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ANDREW H. CLINE,
Plaintiff
v.
: No. 2001-1755 CIVIL TERM
EILEEN CLINE,
Defendant
: CIVIL ACTION-LAW
: CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is hereby directed that the
parties and their respective counsel appear before Melissa Peel Greevy, Esquire, Conciliator, at
214 Senate Avenue, Camp Hill, Pennsylvania, on the 9th day of May, 2001, at 2 o"clock p.m., 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 the entry
of a temporary or permanent Order.
FOR THE COURT
.n
DATED:
BY:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Telephone: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. Your must attend the scheduled conference or hearing.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW H. CLINE,
Plaintiff
Defendant
)
)
)
)
)
)
)
NO. 2001-/"iN CNIL TERM
v.
EILEEN CLINE,
CNIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, ,2001, upon consideration of the attached
complaint, it is hereby directed that the parties and their respective counsel appear before
, Esquire, the conciliator, at
Pennsylvania, on. the day of ,2001, at
o'clock _.m. 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. Either party may bring the
child who is the subject of this custody action to the conference, but the child's attendance is not
mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or
permanent order.
FOR THE COURT,
By:
Custody Conciliator
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Telephone: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW H. CLINE,
Plaintiff
Defendant
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NO. 2001- 1'766 CNIL TERM
v.
EILEEN CLINE,
CNIL ACTION - LAW
CUSTODY
COMPLAINT FOR PRIMARY LEGAL AND PHYSICAL CUSTODY
AND NOW, Plaintiff Andrew H. Cline, by and through his attorney, Howett, Kissinger &
Conley, P .C., files a Complaint for Primary Physical and Legal Custody against Defendant,
Eileen Cline, and in support thereof, avers the following:
1. Plaintiff is Andrew H. Cline (hereinafter referred to as "Father"), who
currently resides at 257 Carol Street, New Cumberland, Cumberland County, Pennsylvania,
17070 (hereinafter referred to as the "Marital Residence").
2. Defendant is Eileen Cline (hereinafter referred to as "Mother"), who
currently resides at 2536 Carben Street, Allentown, Lehigh County, Pennsylvania 18105.
3. Plaintiff seeks primary physical and legal custody of the following
children:
Names
Present Address
Dates of Birth
Haley Andrea Cline
257 Carol Street
New Cumberland, PA
August 19, 1988
Catherine Ann Cline
257 Carol Street
New Cumberland, PA
July 14, 1990
The children were not born out of wedlock.
The children are presently in the custody of Father who currently resides at 257
Carol Street, New Cumberland, P A 17070.
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During the past five years, the children resided with the following persons and at
the following addresses:
Persons
Addresses
Dates
Father & Mother
257 Carol Street
New Cumberland, PA
1995 to March 24, 2001
Father
257 Carol Street
New Cumberland, PA
March 24, 2001 to present
The mother of the children is Eileen Cline who currently resides at 2536 Carben
Street, Allentown, Lehigh County, Pennsylvania 18105.
She is married.
The father of the children is Andrew H. Cline who currently resides at 257 Carol
Street, New Cumberland, Pennsylvania, 17070.
He is married.
4. The relationship of Plaintiff to the children is that off ather. Plaintiff
currently resides with the following persons:
Names
Relationship
Haley Andrea Cline
Daughter
Catherine Ann Cline
Daughter
5. The relationship of Defendant to the children is that of mother. Defendant
currently resides with the following persons:
Names
Relationship
Irene Feher
Mother
Patricia Feher
Sister
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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 in 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 interests and permanent welfare of the children will be served by
granting the relief requested because Defendant suffers from alcoholism and another significant
addictive personality disorder, which place the children at risk and Plaintiff is better able to
provide the care the children need.
8. Each parent whose parental rights to the children have not been terminated
and the persons who have physical custody of the children have been named as parties to this
action.
WHEREFORE, Plaintiff Andrew H. Cline, respectfully requests that this Honorable
Court enter an Order granting him primary physical and legal custody of the parties' minor
children.
Date:
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Respectfully submitted,
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~C. Howett, Jr., squire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Plaintiff Andrew H. Cline
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VERIFICATION
I, Andrew H. Cline, hereby swear and affirm that the facts contained in the foregoing
Complaint for Primary Physical and Legal Custody are true and correct to the best of my
knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. g4904
relating to unsworn falsification to authorities.
Date: (g -- J-IR--[) I
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Andrew H. Cline
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
ANDREW H. CLINE,
Plaintiff
v.
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)
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NO. 20001-
CIVIL TERM
EILEEN CLINE,
Defendant
CIVIL ACTION c LAW
CUSTODY
PETITION FOR SPECIAL RELIEF PURSUANT TO PA. R.C.P. 1915.13
AND NOW, Plaintiff Andrew H. Cline, by and through his attorneys, Howett, Kissinger
& Conley, P.C. files this Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13 and in
support thereof states as follows:
1. Plaintiff, Andrew H. Cline (hereinafter referred to as "Father"), is an adult
individual who currently resides at 257 Carol Street, New Cumberland, Cumberland County,
Pennsylvania, 17070 (hereinafter referred to as the "Marital Residence").
2. Defendant, Eileen Cline (hereinafter referred to as "Mother"), is an adult
individual who currently resides at 2536 Carben Street, Allentown, Lehigh County,
Pennsylvania 18105.
3. The parties to this action are currently married but separated and are the parents of
two children namely, Haley Andrea Cline, born August 19, 1988 (hereinafter referred to as
"Haley"), and Catherine Ann Cline, born July 14, 1990 (hereinafter referred to as "Catherine").
4. Simultaneously with the filing of this Petition for Special Relief Pursuant to Pa.
R.C.P. 1915.13, Plaintiff has also filed a Complaint for Primary Legal and Physical Custody of
the parties' two children.
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5. Mother has a history of alcoholism and unsuccessful attempts at treatment
throughout the parties' marriage.
6. In 1999, Mother refused recommendations that she commence inpatient treatment
for her alcoholism but reluctantly agreed to outpatient treatment. However, Mother continued
consuming alcoholic beverages again and began to combine anti-depressant medication with the
alcohol. Eventually, she developed a sex addiction, which combined with alcohol and drugs,
resulted in emotional abuse and neglect of the children.
7. Mother pursued relationships with a number of men. (paul, Bernie, Jeff, Ron,
Mario, John, "Mich", "Black Pelican" and Clint). The children were aware ofthese
relationships, as Mother engaged in frequent telephone conversations, meetings, E-mail
communications, and "Internet sex" with these men in front of the children. Mother also
entertained men in the marital residence in the presence of the children.
8. Mother kept a diary and copies of computer messages that contained graphic
descriptions of her sexual interests and activities with the men she met. The children were aware
of these documents and read them.
9. Mother neglected the needs of the children and often left them alone while she
pursued liaisons with the men.
10. In October of2000, following an intervention arranged by Father, Mother agreed
to inpatient treatment through the Caron Foundation. However, after being at the Caron
Foundation for only a few days, she decided to terminate said treatment program.
11. Atthat time, Father agreed to bring Mother home to the marital residence on the
condition that she not consume alcohol, not be involved sexually with other men, and that she
cease entering "chat rooms" on the internet which had led to several sexual relationships.
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12. Mother agreed to these conditions and on October 21,2000, she returned to the
marital residence. However, by October 24, 2000, Mother was consurning alcoholic beverages
again to the pointthat she was stumbling drunk by the time Father returned from work in the
evening.
13. On November 1, 2000, the parties' children informed Father that Mother had
picked them up from school and driven them home in a drunken condition, as she had in the past.
14. On November 2,2000, the parties's children telephoned Father at work and
informed him that Mother had failed to pick them up from school that day and when they had
returned home she was unconscious. Mother's condition continued to deteriorate to the point
that, when her supply of alcoholic beverages was depleted, she began consuming the various
food extracts at the marital residence.
15. On November 8, 2000, at Father's insistence, Mother indicated that she was ready
to return to the Caron Foundation for inpatient treatment. Accordingly, on November 10, 2000,
Mother was again admitted to a Caron Foundation rehabilitation facility.
16. While she was at Caron Foundation, Mother became involved with two different
men (David and Skip). During this admission, Mother's sexual addiction was formally
diagnosed.
17. Mother's counselors at the Caron Foundation referred Mother to a clinic for
inpatient treatment for her sexual addiction. Mother refused.
18. On December 27,2000, Mother was transferred from the Caron Foundation
rehabilitation facility to a halfway house.
19. On January 5, 2001, Mother left the halfway house and returned to the marital
residence. Prior to her release and in a meeting in December of 2000, at the halfway house,
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between Father, Mother and Mother's therapist, Margrit Goodhand, the conditions of Mother's
retum to the marital residence were discussed and Mother agreed that she would not utilize
alcohol and that she would cease sexual involvement with other men. Based upon Mother's
representations in this regard, Father agreed to Mother's return to the marital residence.
20. Contrary to Mother's representations, as early as January 18,2001, Father became
aware that Mother was sexually involved with a man she met at rehabilitation and who is also an
alcoholic.
21. When Father confronted Mother, Mother indicated that she hated Father and
wanted a divorce.
22. Father is likewise desirous of a divorce.
23. Given Mother's past inability to maintain sobriety and, given her denial and
refusal to enter treatment for her sexual addiction, Father believes that Mother is currently unable
to provide appropriate care for the parties' children.
24. Moreover, Father believes that the conduct of Mother associated with her
alcoholism and sexual addiction not only risks the children's physical well-being but also their
emotional well-being.
25. Since her return home, Mother has continued pursuit of her sex addiction with the
use of pornography in the marital residence and has continued to have telephone conversations
with her paramour in front of the children. Mother also spends hours at a time away from the
marital residence in pursuit of her relationship with her current paramour.
26. Mother has refused to participate in marriage counseling and has rejected requests
for counseling for the children.
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27. The children are hurt and emotionally disturbed by Mother's conduct, and they
have expressed fear and anger with respect to Mother's paramours.
28. Father has taken part-time status with his employer in order to be able to provide
appropriate care for and meet the needs of the children.
29. When Mother entered rehabilitation in October of2000, Father became the
primary caretaker of the parties' children. Since Mother's return to the home, she has not
resumed appropriate responsibility for the children because of her alcoholism and sex addiction.
30. The children, ages ten and twelve have indicated a strong desire to continue
residing with Father.
31. Mother has expressed her desire to leave the marital residence and to leave the
children with Husband to raise.
32. Mother's mother resides in Allentown in a home that is appropriate for Mother to
exercise her visitation. Father is willing to transport children to and from Allentown on
alternating weekends from Friday at 6 p.m. until Sunday at 6 p.m. until further agreement of the
parties or further order of court so long as the children reside at their grandmother's residence
during such weekends and so long as the children have no contact with Mother's paramour or
any other adult male friend of mother not a relative by blood or marriage.
33. Pa. R.C.P. 1915.13 provides as follows:
At anytime after commencement of the action, the court may on
application or its own motion grant appropriate interim or special relief. The
relief may include but is not limited to the award of temporary custody, partial
custody or visitation; the issuance of appropriate process directing that a child or a
party or person having physical custody of a child be brought before the court;
and a direction that a person posts security to appear with the child when directed
by the court or to comply with any order of the court.
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34. Due to the complex psychological issues in this case, a custody evaluation
pursuant to Pa.R.c.p. 1915.8 is necessary and the custody evaluator appointed by the Court
should have access to all of Mother's psychological records.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an interim
order granting him majority physical and legal custody of the parties' two children and granting
Defendant visitation with the children as provided for above and that the Court direct that this
matter be scheduled pursuant to Cumberland County procedure for a custody conciliation at
which time a custody evaluation shall be directed and that both parties shall cooperate with such
evaluation, and Defendant shall execute whatever documents are necessary to release her full and
complete psychological records to the evaluator.
Date:
3/;;" If) I
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Respectfully subrnitted,
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HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, Andrew H. Cline
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VERIFICATION
I, Andrew H. Cline, hereby swear and affirm that the facts contained in the foregoing
Petition for Special Relief Pursuant to Pa.R.c.p. 1915.3 are true and correct to the best of my
knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. S4904
relating to unsworn falsification to authorities.
Date: 3;lIP 1) I
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Andrew H. Cline
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
ANDREW H. CLINE,
Plaintiff
v.
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CIVIL ACTION - LAW
CUSTODY
NO. .20001-1'lS'~ CNIL TERM
EILEEN CLINE,
Defendant
TEMPORARY CUSTODY ORDER
AND NOW, this 1.~ day __ "".A.fAlJ-. ,2001, upon consideration of the
foregoing Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13 the court hereby, pending
hearing, grants Plaintiff ll~~d legal custody of the parties' two children, ../,lIflL.
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Haley A. Cline and Catherine A. Cline and grants Defendant \:iintnf lR with the children as
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follows:
1.
Every other weekend from Friday at 6 p.m. to Sunday at 6 p.m.;
~~31O;!to occur at the maternal grandmother's residence in
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Allentown, Pennsylvania.
3. Defendant shall ensure that the children have no contact with any of her
paramours or any'other adult male friend not related to Defendant by blood or marriage.
4. Plaintiff shall provide the transportation.
5. This matter shall, pursuant to local procedure, proceed to a custody
conciliatio~at'~Bk O~aV~.Jl~8~~:~gr,.~ ~
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ANDREW H. CLINE
PLAINTIFF
V.
EILEEN CLINE
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-1755 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, March 30, 2001 , upon consideration ofthe attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greovy, Esq. , the conciliator,
at 214 SonatoA"enuo, Suite 105, CampHiIl,PA 17011 on Monday, April 23,2001 at 1:00 p.m.
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 aud all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the couciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Isl
Melissa P. Greevy. Esq. /JI.7
Custody Conciliator
Tbe 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. Yon must
attend the scheduled conference or hearing.
yOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendant
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NO. 2001-1755 CNIL TERM
ANDREW H. CLINE,
Plaintiff
v.
EILEEN CLINE,
CNIL ACTION - LAW
CUSTODY
AFFIDAVIT OF SERVICE
I, Thomas E. Taylor, being duly sworn according to law, depose and say that I am a
competent adult; that I served true and correct copies ofthe following documents on
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on thell day of March, 2001 at
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1. A certified copy of the Temporary Custody Order entered by the
Honorable Edgar B. Bayley on March 26,2001 pursuant to Plaintiffs Petition for Special Relief
Pursuant to Pa.R.C.P. 1915.13 filed with the Court on March 26,2001; and
2. A time-stamped copy of the Complaint for Primary Legal and Physical
Custody filed with the Court on March 26, 2001.
Date:
03-;2;;- 0)
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mas E. Taylor
SWORN to and subscribed before me
thisd.E:'day of /lJ au), , 2001.
;fA" 4' ~- ,Jl/. ~/IfJ-(()J1~A-'
Notary PublIc
NOTARIAL SEAL
DONNA M. WIERMAN, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires July 28, 2001
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MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney LD. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW H. CLINE,
Plaintiff
NO. 2001-1755 CIVIL TERM
v.
EILEEN CLINE,
Defendant
CIVIL ACTION-LAW
CUSTODY
ANSWER TO PETITION FOR SPECIAL RELIEF
AND NOW comes Defendant, Eileen Cline, by and through her attorney, Maria P.
Cognetti, Esquire, and files this Answer to Petition for Special Relief and in support thereof
states as follows:
1. Admitted.
2. Admitted. By way of further answer, Defendant was forced to move in with her
mother.,and sister, who both reside at said address, after Plaintiff changed the locks on the marital
residence and refused to provide Defendant with access to the premises. Defendant was,
therefore, left without clothes, medicine, food, glasses, transportation, or money. Defendant was,
basically, left stranded in the street by Plaintiff, who deprived her of the basic necessities oflife.
3. Admitted.
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4. Admitted. By way of further answer, said Complaint for Primary Legal and
Physical Custody and Petition for Special Relief were both simultaneously filed on March 26,
2001, and a Temporary Custody Order was entered on the same day. However, Defendant was
not able to present her position regarding this Petition to the Court, as she was not served with
any of the foregoing documents until March 27, 2001.
5. Admitted in part, denied in part. It is admitted that Defendant suffers from the
disease of alcoholism, however it is specifically denied that Defendant's attempts at treating her
illness have been unsuccessful. By way of further answer, Defendant has been completely sober
since December of2000, and she continues to attend Alcoholics Anonymous three (3) times a
week.
6. Denied. It is specifically denied that Defendant has refused recommendations that
she commence inpatient treatment, as she has been seeing a therapist for over one (l) year. It is
also specifically denied that Defendant has developed a "sex addiction," nor has Defendant ever
emotionally abused or neglected her two children.
7. Admitted.
8. Admitted.
9. Denied. It is specifically denied that Defendant neglected the needs of the
children and often left them alone while she pursued liaisons with men. Throughout all of
Defendant's problems with her marriage and with her health, the children have always remain~q
her number one priority, and Defendant has always placed their needs before her own. In
addition, Defendant has always remained an involved parent, who has a loving relationship with
her two children.
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10. Admitted. By way of further answer, Defendant decided to terminate said
treatment program for the sole reason that she wanted to be at home with her children.
Defendant left the Foundation because Defendant had promised to make Halloween costumes for
her children, and she was determined that she would not disappoint her daughters.
11. Admitted. By way of further answer, since the parties made said "agreement,"
Defendant made every effort not to be involved with any men, whether personally or via the
internet, as she made a conscious effort to rebuild her marriage. Plaintiff, however, never joined
Defendant in her efforts, and he destroyed any attempts to make the marriage work when he
continued to emotionally abuse Defendant to the point that he finally threw her out of the marital
residence.
12. Admitted.
13. Admitted in part, denied in part. It is admitted that Defendant may have been
drinking prior to picking up the children from school on November 1,2000. However, it is
specifically denied that Defendant had ever driven the children home, on this date or any prior
date, in a "drunken condition."
14. Denied. It is specifically denied that Defendant failed to pick up the children from
school because she was at home and unconscious. By way offurther!l11swer, Defendant did not
, ,
pick up the children from school because she fell asleep, an act which De~t co!'\,\inues to
regret to this very day. In addition, it should be noted that when the chilqren informed their
father that their mother was allegedly unconscious, Plaintiff was not fPncerned and made no
effort to provide Defendant with any type of emergency medical attention.
15. Admitted.
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16. Denied. It is specifically denied that Defendant has ever been formally diagnosed
with a sexual addiction.
17. Denied. It is specifically denied that Defendant's counselors at the Caron
Foundation refeITed Defendant to a clinic for inpatient treatment for her sexual addiction, and
Defendant refused. By way of further answer, Defendant does not have, nor has she ever been
diagnosed with, a sexual addiction.
18. Admitted. By way of further answer, on December 27,2000, Defendant was
transferred from the Caron Foundation to a halfway house because Plaintiff adamantly refused to
permit her to come home to the marital residence and her two children. The counselors at the
Caron Foundation had suggested that she be transferred to other facilities, however Defendant
refused because these centers were located a very far distance away from her children. Therefore,
in order to prevent Defendant from being forced to live on the street, the counselors at the Caron
Foundation decided that the only option was that Defendant be transferred to the Rose Kearney
House, which is a halfway house, located a short distance away from the Caron Foundation.
19. Admitted. By way of further answer, Plaintiff would not permit Defendant to
come home, at that time, unless she made a "commitment to their marriage," to which Defendant
agreed and was therefore permitted to return to the marital residence.
20. Denied. It is specifically denied that, as early as January 18, 2001, Rlaintiff
iI"
~k
became aware that Defendant was sexually involved with a man she met at rehabiliftion and
who is also an alcoholic. Strict proof of the date for which Plaintiff avers is demanded at the
hearing.
21. Admitted. By way of further answer, the years of physical and emotional abuse
inflicted upon Defendant by Plaintiff, which have severely hindered and undermined her
''''-''''-
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recovery from alcoholism, have left Defendant with no other alternative but that of divorce.
22. Denied. It is specifically denied that Plaintiff is likewise desirous of a divorce. By
way of further answer, Plaintiff has continuously told Defendant that he would never give her a
divorce, and in addition told Defendant's sister that any references to divorce made in any
pleadings which have been filed in this case are nothing more than "lawyer talk."
23. Denied. It is specifically denied that Defendant is currently unable to provide
appropriate cafe for the parties' children. By way of further answer, Defendant has never been
diagnosed with a sex addiction, and she has continued to actively maintain her sobriety.
Furthermore, alcoholism is a disease, and Defendant's constant struggle with said disease as well
as with her past marital mistakes are no reason to punish her by denying her primary custody of
her children. Defendant has always been a good mother.
24. Denied. It is specifically denied that the conduct of the Defendant risks the
children's physical and emotional well-being. By way of further answer, Defendant has always
played an active role in the lives of her children, and, since Plaintiff threw Defendant out of the
residence and she was forced to move over an one hour away, being that far from their mother
has taken its toll on these children.
25. Denied. It is specifically denied that Mother has evef used pornography in the
marital residence, nor has she ever had romantic phone conversatioll? with her alleged paramour
in front of the children. Furthermore, Mother's past problems, ip. particular those with
alcoholism, have never interfered with her ability to care for and to perfoJ'lll her duties as a
",: '
Mother.
26. Denied. It is specifically denied that Defendant has ever refused to participate in
marriage counseling, nor has she ever rejected requests for counseling for the children. By way
.-.'ie,_ """"" '"''''
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of further answer, Defendant and Plaintiff had been attending marriage counseling, however,
Defendant left the session because Plaintiff called her a horrible and vulgar name in front of the
counselor, and Defendant would not tolerate such abuse by the Plaintiff.
27. Denied. It is specifically denied that the children are hurt and emotionally
disturbed by Defendant's conduct, nor have they expressed fear and anger with respect to
Defendant's alleged paramours. By way of further answer, the children have expressed that they
miss their mother terribly and that they would like her to come home. The children have
expressed anger, but it has been directed at the fact that their father continuously asks them, in
the event of a divorce, with which parent they would like to live.
28. Admitted. By way of further answer, it is admitted that when Defendant was
admitted to the Caron Foundation, Plaintiff took part-time status with his employer. Since
Plaintiff has thrown Defendant out of the marital residence, whether Plaintiff still maintains part-
time status with his employer is information which is strictly within the knowledge of the
Plaintiff.
29. Admitted in part, denied in part. It is admitted that when Defendant entered
rehabilitation in October of2000, Plaintiff temporarily became the primary caretaker ofthe
parties' children. It is specifically denied, however, that since Defendant's, fjlturn to the home,
,
she has not res~~d appropriate responsibility for the children because O;~,'I..'"I"",,' ~coholism and
alleged sex addlction.k ,,!
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30. Denied. It is specifically denied that the children have indlb~ted a strong desire to
,
continue residing with their father. By way of further answer, the ~dren have indicated a
, 'r'
strong desire to be with both of their parents.
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31. Denied. It is specifically denied that Defendant has ever seriously expressed her
desire to leave the marital residence and to leave the children with Plaintiff to raise.
32. Denied. It is specifically denied that Defendant should be provided with partial
physical cllstody. By way of further answer, Defendant should have primary physical and legal
custody of the children.
33. Said paragraph is a statement oflaw to which no response is required.
34. Admitted in part, denied in part. It is admitted that a custody evaluation is
necessary in this matter, however, it is specifically denied that the custody evaluator should have
access to all of Defendant's psychological records as said documents are confidential and
Defendant will file a protective order if necessary in order to prevent such an invasion to her
privacy.
WHEREFORE, Defendant respectfully requests that Plaintiff's Petition for Special Relief
be denied. Defendant prays that, until a custody conciliation conference has been scheduled, the
Defendant have primary physical custody of the parties' minor children, with Plaintiff having
partial physical custody. In addition, Defendant will cooperate with a custody evaluation,
however, Defendant will not agree to execute whatever documents are necessary to release her
full and complete psychological records to the evaluator. If necessary, Defendant will file a
Protective Order in order to prevent any such invasions to her privacy.
Date: b{ ~ ( 0 (
By:
MARIA P. COGN I, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
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VERIFICATION
I, EILEEN CLINE, hereby verify and state that the facts set forth in the foregoing
document are true and correct to the best of my information, knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to
unsworn verification to authorities.
~~p; / Ct/}~
Err.: EN CLINE
DATE: 5/0'/0/
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CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on
this date I served the foregoing Answer to Petition for Special Reliefvia fax and by depositing a
true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as
follows:
John C. Howett, Jr., Esquire
Howett, Kissinger & Conley, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Maria P. ognetti,
Sup. Ct. LD. #27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
(717)909-4060
Dated: 5/?' (0/
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MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview A venue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW H. CLINE,
Plaintiff
NO. 2001-1755 CIVIL TERM
v.
EILEEN CLINE,
Defendant
CIVIL ACTION-LAW
CUSTODY
ANSWER AND COUNTERCLAIM TO COMPLAINT FOR
PRIMARY LEGAL AND PHYSICAL CUSTODY
AND NOW, comes Defendant, Eileen Cline, by and through her attorney, Maria P.
Cognetti, Esquire and files the following Answer and Counterclaim to Plaintiff's Complaint for
Primary Legal and Physical Custody, and in support thereof, avers as follows:
1. Admitted.
2. Admitted. By way of further answer, Defendant was forced to move in with her
mother and sister, who both reside at said address, after Plaintiff changed the locks on the marital
residence, and refused to provide Defendant with access to the house. Defendant was, therefore,
left without clothes, medicine, food, glasses, transportation, or money. Defendant was, basically
left stranded in the street by Plaintiff without the basic necessities oflife.
3. Admitted. By way of further answer, the parties are presently separated.
4. Admitted.
5. Admitted.
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6. Admitted.
7. Denied. It is specifically denied that the best interest and permanent welfare of
the children will be better served by granting the relief requested because Defendant suffers from
alcoholism and another significant addictive personality disorder, which place the children at risk
and Plaintiff is better able to provide the care the children need. By way of further answer,
Defendant does not suffer from "another significant addictive personality disorder." In addition,
there have been instances where Plaintiff has physically abused, neglected and abandoned
Defendant. It is due to these occurrences that Plaintiff is in no condition to better
care for the children than Defendant, and primary physical custody of the children should be
awarded to Defendant.
8. Admitted.
COUNTERCLAIM
9. Paragraphs 1 through 8 of Plaintiff's Complaint and Defendant's Answer thereto
are incorporated herein by reference thereto.
10. The best interests and permanent welfare of the children will be served by
granting Defendant primary physical custody of the children because there have been instances
where Plaintiff has physically abused, neglected and abandoned Plaintiff, and it is these
circumstances which pose a threat to the health, safety and welfare of the children.
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~
.
WHEREFORE, Defendant, Eileen Cline, respectfully requests that this Honorable Court
award primary physical custody and legal custody ofthe parties' minor children to Defendant.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: May 8, 2001 By:
MARIAP. OGN I,ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
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I,
.'
VERIFICATION
I, EILEEN CLINE, hereby verilY and state that the facts set forth in the foregoing
document are true and correct to the best of my information, knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to
unsworn verification to authorities.
~/JPi1~ C1L/7~
EI EN CLINE
DATE:5J g If) /
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CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on
this date I served the foregoing Answer and Counterclaim to Complaint for Primary Legal and
Physical Custody via fax, and by depositing a true and exact copy thereof in the United States
mail, first class, postage prepaid, addressed as follows:
Maria P. ognetti,
Sup. Ct. LD. #27914
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
(717)909-4060
Dated: ,:>/-g 10 (
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"';',,"'~~"\- -",'""'~ '~~.""",-;,";","-~,,;', ':
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW H. CLINE,
Plaintiff/Respondent
NO. 2001-1755 CIVIL TERM
v.
EILEEN CLINE,
Defendant/Petitioner
CIVIL ACTION-LAW
CUSTODY
ORDER OF COURT
AND NOW, this
day of
,,/
-
,20 1, upon consideration of the
/'
Petition to Vacate the Te~;~ Cust
~/
ofthe parti
" .//
, ./.r /'" /,.- _, ."
immediat placed ~fueir mO~"Eilee~~liJle;" un~~r~~.oJ.utl()n of /t!)Qy is appropriately
dete ined throug(a Custod~nciliatiodOnf~ or Court hearing.
rt
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o
BY THE COURT:
/
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_ ~,,;~ '" ,~'",O'-"',
"
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI. ESQUIRE
Attorney LD. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW H. CLINE,
Plaintiff
NO. 2001-1755 CIVIL TERM
v.
EILEEN CLINE,
Defendant
CIVIL ACTION-LAW
CUSTODY
PETITION TO VACATE THE TEMPORARY CUSTODY ORDER
AND NOW comes Petitioner, Eileen Cline, by and through her attorney, Maria P.
Cognetti, Esquire, and files this Petition to Vacate the Temporary Custody Order and in support
thereof states as follows:
1. Petitioner is Eileen Cline, who currently resides at 2536 Carben
Street, Allentown, Lehigh County, Pennsylvania 18105.
2. Respondent is Andrew H. Cline, who currently resides at 257 Carol
Street, New Cumberland, Cumberland County, Pennsylvania, 17070.
3. The parties to this action are currently married but separated and are the parents
of two children namely, Haley Andrea Cline, born August 19, 1988 and Catherine Ann Cline,
born July 14,1990.
4. The children always resided with their Mother until Father threw Mother out of
the marital residence without cause, forcing Mother to move to her mother's residence, which is
="""""",; ,;;,~,,, """~,,,.'~"'~>< ~H"" ~""~.""_"""''-"'~'~'~'.,O''"''''''~'''''''',4,~',,''
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over an hour away from the children.
5. On March 26, 2001, Respondent filed a Complaint for Primary Legal and Physical
Custody of the parties' two children, and simultaneously filed a Petition for Special Relief.
The Court immediately entered a Temporary Order on March 26,2001, which granted
Respondent primary physical custody of the children, with Petitioner having periods of partial
physical custody of the children at the maternal grandmother's residence in Allentown,
Pennsylvania.
6. The Complaint and the Petition for Special Relief were presented to the Court
by John C. Howett, Jr., Esquire, counsel for the Respondent on March 26, 2001.
7. Petitioner was not served with either the Complaint, the Petition for Special Relief,
nor the Temporary Custody Order until March 27,2001, which was after its entry. See Exhibit A
as attached hereto.
8. Because Petitioner was not timely served with the foregoing documents, Petitioner
was not represented by counsel during the period when these pleadings
were presented to the Court, and Petitioner was not in attendance when the Court issued the
Temporary Custody Order. Consequently, there was no opportunity for Petitioner's position to be
presented to the Court before entry of the Temporary Order.
9. There were no allegations of an emergency nature which would warrant that the
ex parte special relief be granted.
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10. Since no emergency existed, Respondent's conduct, in failing to serve Petitioner
with said pleadings, demonstrates a clear intent by Respondent to deny Petitioner of her custodial
rights without her knowledge.
WHEREFORE, Petitioner prays this Honorable Court vacate its Temporary Custody
Order dated March 26, 2001, and that primary physical custody ofthe parties' two children shall
be immediately placed with their mother, Eileen Cline, until resolution of custody is appropriately
determined through a Custody Conciliation Conference or Court hearing.
Respectfully Submitted:
MARIA P. COG TTI & ASSOCIATES
s-(i? (0 /
By:
,-
Date:
I, ESQUIRE
Attorney I.D. No. 2 4
210 Grandview Avenue, Suite 102
CampHill,PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant/Petitioner
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VERIFICATION
I, EILEEN CLINE, hereby verifY and state that the facts set forth in the foregoing
document are true and correct to the best of my information, knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S.A. g4904 relating to
unsworn verification to authorities.
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DATE: 5/?/{) /
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW H. CLINE,
Plaintiff
Defendant
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NO. 2001-1755 CIVIL TERM
v.
EILEEN CLINE,
CNIL ACTION - LAW
CUSTODY
AFFIDAVIT OF SERVICE
I, Thomas E. Taylor, being duly sworn according to law, depose and say that I am a
competent adult; that I served true and correct copies of the following documents on
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on the2 day of March, 2001 at
~ilE.'EN Ciftt/K
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1. A certified copy of the Temporary Custody Order entered by the
Honorable Edgar B. Bayley on March 26, 2001 pursuant to Plaintiffs Petition for Special Relief
Pursuant to Pa.R.C.P. 1915.13 filed with the Court on March 26,2001; and
2. A time-stamped copy of the Complaint for Primary Legal and Physical
Custody filed with the Court on March 26, 200 I.
Date:
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SWORN to and subscribed before me
thisdtday of III /f.uA , 2001.
~ ' . NOTARIAL SEAL
I m /) DONNA M. WIERMAN, Nota/)' Public
t. II. 4' J /'1 . V .04JJJIJ1^ / Susquehanna Twp., Dauphin County
Notary PublIc My Commission Expires July 28,2001
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CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Defendant/Petitioner herein, do hereby certify
that on this date I served the foregoing Petition to Vacate the Temporary Custody Order via fax
and by depositing a true and exact copy thereof in the United States mail, first class, postage
prepaid, addressed as follows:
Jolm C. Howett, Jr., Esquire
Howett, Kissinger & Conley, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Dated: s;-/ ~ [0/
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1755
ANDREW H. CLINE,
Plaintiff
EILEEN CLINE,
Defendant
CIVIL ACTION - LAW
CUSTODY
TEMPORARY ORDER OF COURT
Bayley, J.--- ...-;zb.r-May, 2001
AND NOW, this ~ of May. 2001. upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. The Order of March 26, 2001 is VACATED.
2. The parties, Andrew H. Cline and Eileen Cline shall have shared legal
custody of the minor children, Hayley Andrea Cline born August 18, 1988
and Catherine Ann Cline born July 14, 1990. 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 Child 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.
3. Father shall have temporary primary physical custody. While Mother
resides with the Maternal Grandmother, Mother shall have physical
custody as follows:
A. May 11, 2001 through May 13, 2001; May 25, 2001 through May
28,2001; June 8,2001 through June 25, 2001; and July 15, 2001
through July 22. 2001.
B. The custodial periods begin and end at 6:00 p.m '. unless
otherwise agreed.
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No. 01-1755 Civil Term
4. Mother shall ensure that the children have no contact with any of her
paramours or any other adult male friend not related to Mother by blood or
marriage.
5. Transportation incident to Mother's periods of custody shall be shared.
6. Should either party be taking the children away from that party's residence
over night, the shall notify the other party of the location and phone
number where they may be reached.
7. Mother shall participate in counseling with the children.
8. The parties shall submit themselves and their minor children to an
independent custody evaluation by Dr. Arnold Shienvold. The parties
shall sign all necessary releases and authorizations for the evaluator to
obtain medical and psychological information pertaining to the parties.
The parties shall extend their cooperation to Dr. Shienvold in the process
of the evaluation and scheduling of appointments to complete the
evaluation in a timely fashion. Cost of this evaluation shall be initially be
paid by Father. However, Father's right to file the appropriate petition to
request contribution from Mother is reserved without prejudice.
9. The Custody Conciliation Conference shall reconvene at the office of the
Conciliator, Melissa Peel Greevy, Esquire 214 Senate Avenue Suite 105
Camp Hill, Pennsylvania on July 23, 2001 at 3:00 p.m.
Dis!:
Maria Cognetti , Esquire
Donald T. Kissinger, Esquire
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ANDREW H. CLINE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1755
vs.
EILEEN CLINE,
CIVIL ACTION - LAW
CUSTODY
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH CURRENTLY IN CUSTODY OF
Hayley Andrea Cline
Catherine Ann Cline
August 18. 1988 Father
July 14. 1990 Father
2. A Custody Conciliation Conference was held on May 9 2001, with the
following individuals in attendance: the Father. Andrew H. Cline. and his counsel,
Donald T. Kissinger, Esquire; the Mother, Eileen Cline, and her counsel. Maria
Cognetti, Esquire.
3. Through counsel an agreement was reached in the form of an Order as
attached.
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Date
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Melissa Peel Greevy, Esquire
Custody Conciliator
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AUG 0 7 lot~!\
'.IN THE COURT OF COMMON PLEAS O/}~
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1755
. ANDREW H. CLINE,
vs.
EILEEN CLINE,
Defendant
CIVIL ACTION - LAW
CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this G day of August. 2001, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Legal Custody. The parties, Andrew H. Cline and Eileen Cline, shall have shared
legal custody of the minor Children, Hayley Andrea Cline, born August 18, 1988, and Kathryn
Ann Cline, born July 14,1990. 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. Father shall have temporary primary physical custody. Mother
shall have partial physical custody from Thursday through Saturday. August 2, 2001, through
August 4, 2001. During the remaining weeks until the commencement of the 2001-2002
school year, Mother shall have custody from Wednesday through Friday each week. Once the
Children have begun school for the 2001-2002 school year, Mother's periods of custody shall
be each week from after school on Fridays until Sundays at 7:00 p.m. Mother's periods of
custody will alternate between Allentown and Harrisburg. with the first week of August
commencing the first week in Harrisburg.
3. The parties shall consult with each other and agree on a location of a hotel in the
Harrisburg area where Mother can stay during her periods of custody. If the parties cannot
agree, the parties will mediate via counselor Ms. Salem to reach a resolution as to the
location of the local hotel. Father will bear the expense of the hotel for Mother's visits in
Harrisburg until such time as Mother relocates in the Harrisburg area. Unless otherwise
agreed, Mother will occupy the marital home with the Children in Father's absence for her
periods of custody.
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4. Each party will contact the office of Dr. Arnold Shienvold by close of business on
July 25. 2001, to initiate the process of an independent custody evaluation. The parties shall
sign all necessary releases and authorizations for the evaluator to obtain medical and
psychological information pertaining to the parties. Additionally. the parties shall extend their
full cooperation to complete this evaluation and in the scheduling of appointments in a timely
fashion. The cost of the evaluation shall initially be paid by Father. However. Father's right to
file the appropriate petition and request contribution from Mother is reserved without prejudice.
5. Mother shall ensure that the Children have no contact with any of her paramours or
any other adult male friend not related to Mother by blood or marriage.
6. Transportation incident to Mother's periods of custody shall be shared.
7. Should either party be taking the Children away from that party's residence
overnight, they shall notify the other party of the location and phone number where they can
be reached.
8. The parties shall continue in counseling with Deborah Salem at Inner Works with
the Children. The next appointment is August 3, 2001, at 4:30 p.m.
9. This Order is temporary in nature and may be modified by agreement of the parties.
10. The Custody Conciliation Conference shall reconvene at the office of the
Conciliator, Melissa Peel Greevy, Esquire, 215 Senate Avenue, Suite 105, Camp Hill,
Pennsylvania, on October 22, 2001, at 11 :00 a.m.
BY THE COUR= ,
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Dis!: Maria P. Cognetti, Esquire. 210 Grandview Avenue, Camp Hill, PA 17011
Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17101
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AUG 0 7 2001",
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. ANDREW H. CLINE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1755
vs.
EILEEN CLINE,
Defendant
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8. the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Hayley Andrea Cline
Kathryn Ann Cline
August 18,1988
July 14. 1990
Father
Father
2. The parties' second Custody Conciliation Conference was held on July 23, 2001.
with the following individuals in attendance: the Father, Andrew H. Cline, and his counsel,
Donald T. Kissinger, Esquire; the Mother, Eileen Cline. and her counsel. Maria P. Cognetti.
Esquire.
3. The parties reached an agreement in the form of an Order as attached for a second
Temporary Order of Court.
Date
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Custody Conciliator
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JUl)a12002
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW H. CLINE,
Plaintiff
v.
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)
)
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)
)
)
CNIL ACTION - LAW
CUSTODY
NO. 01-1755
EILEEN CLINE,
Defendant
FINAL CUSTODY ORDER
AND NOW, this ~ day of ) ~"" , 2002, the court having been advised of
\
the agreement ofthe parties in regard to custody of their minor children, the court hereby
ORDERS, ADJUDGES, and DECREES as follows:
1. Lelml Custodv. Andrew H. Cline, Plaintiff (hereinafter referred to as
"Father"), and Eileen Cline, Defendant (hereinafter referred to as "Mother"), shall have shared
legal custody of their minor children, Haley Andrea Cline (hereinafter referred to as "Haley"),
born August 19, 1988, and Catherine Anne Cline (hereinafter referred to as "Catherine"), born
July 14, 1990. 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 ofPa. C.S.A.g5309, each parent shall be entitled to all records and
information pertaining to the children including, but not lirnited 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.
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2. Maiority Phvsical Custody. Father shall have majority physical custody
of the children.
3. Partial Phvsical Custody. Mother shall have partial physical custody of
the children as follows:
(a) Weekends. Every weekend but the third weekend of each
month from Friday at 5:30 p.m. until Sunday evening at 8 p.m. however, during non-school
months the retum time shall be Sunday evening at 9:00 p.m.;
(b) Weekdav. Every Wednesday from 5:30 p.m. to 8 p.m
however, during non-school months the return time shall be Thursday morning at or before 9:00
a.m.;
(c) Other Times. At all other times as the parties may agree.
4. Holidavs. The parties shall share the holidays as follows:
Even-Numbered Years Odd-Numbered Years
Easter
F
M
M
F
M
F
F
M
Memorial Day F
July 4th M
Labor Day F
Thanksgiving M
Christmas Sch. A M
Christmas Sch. B F
The times for the holidays are as follows:
(a) Easter and Thanksgiving: 9:00 a.m. on the holiday until 9:00 p.m.;
.'
(b) Memorial Dav. Labor Dav and Julv 4th: From the time the parent
is released from work the day before the holiday until 9:00 p.m. on the holiday day;
(c) Christmas Schedule A: December 24th at 12:00 p.m. Noon until
December 25th at Noon;
(d) Christmas Schedule B: December 25th at Noon until December
26'h at Noon.
(e) Mother's Dav Weekend/Father's Dav Weekend. Notwithstanding
the above, Mother shall always have custody of the children on Mother's Day weekend and
Father shall always have custody of the children on Father's Day weekend from Friday at 5:30
p.m. through Sunday at 8:00 p.m.
Holidays shall take precedence over the other provisions of this order.
5. Summer Vacation. During the summer when school is out of session,
each parent shall be entitled to two non-consecutive or consecutive weeks of uninterrupted
custody fortification, subject to the following:
(a) A week is defined as seven (7) consecutive overnights;
(b) Neither party shall schedule his or her summer vacation during the
other parent's July 4th holiday; and
(c) Each parent shall provide sixty (60) days advance written notice to
the other of his or her intent to exercise his week or weeks of custody.
The parties acknowledge that in the summer of 2002 Father shall be entitled to
custody ofthe children the week of June 8, 2002 through June 15,2002.
6. Transportation. Transportation incident to Mother's periods of custody
shall be shared.
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7. TeleDhone Contact. Each parent shall have reasonable telephone contact
with the children when the children are in the custody of the other parent.
8. Children's Address. Should either party take the children away from the
party's residence overnight, he/she shall notify the other parent ofthe location and phone number
of where he/she can be reached.
9. Alcohol Prohibition. Mother shall abstain from the use of alcohol at least
twenty-four (24) hours before and during her physical custody periods.
10. Anti-Alienation. Neither parent shall take any steps or allow third parties
in their presence to take any steps which would alienate the affections of the children from the
other parent.
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CONSENTED TO:
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Donald T. Kissinger,
Counsel for Plaintiff
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