HomeMy WebLinkAbout99-04162 (2)y
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KATHERINE M. CATALINE,
Plaintiff/Petitioner
V.
MATTHEW D. CATALINE,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-Wbo
CIVIL ACTION - LAW
IN CUSTODY
AND NOW, this /v day of 1999, upon consideration of
the within Petition To Domesticate and Modify Custody Order and For Emergency
Special Relief Pursuant To Pennsylvania Rule Of Civil Procedure 1915.13, it is hereby
ORDERED and DIRECTED that:
a. This Court exercises jurisdiction over this matter pursuant to the Uniform
Child Custody Jurisdiction Act';
b. Respondent, Matthew D. Catalina, is hereby Ordered and Directed to
immediately return to the care and custody of Petitioner, Katherine M.
Catalina, the minor children, Andreanna P. Catalina (DOB 6/23/92) and
Gabriela M. Cataline (DOB 12/21/94). Respondent's rights to custody are
hereby suspended on an interim basis pending further Order of Court;
and
C. A hearing on said Petition is hereby schpdMad for the I?/Aay of
1999, at o'clock, in Courtroom #--Ll,? of the
Cumberland County Courthouse, Carlisle, Pennsylvania. The
Cumberland County Custody Conciliation process is waived pending
further Order of Court.
BY TbfE
23 Pa.C.S.A. § 5341, et. seq. ' 1. N DY
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KATHERINE M. CATALINE,
Plaintiff/Petitioner
V.
MATTHEW D. CATALINE,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. `tj - y ) Coa
CIVIL ACTION - LAW
IN CUSTODY
AND NOW, comes the Plaintiff/Petitioner, Katherine Catalina, by and through her
attorney, Charles Rector, Esquire, and files the within Petition to Domesticate and to
Modify Order of Custody and for Emergency Relief, and in support thereof, avers the
following:
G
Petitioner is Katherine Catalina, mother, who currently resides at 240
Mooredale Road, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Respondent is Matthew D. Catalina, father, who currently resides in North
Carolina but whose address is unknown. Respondent is currently employed at ISS
Technologies, 22 Business Park Circle, Asheville, North Caroline, 28704.
3. The parties hereto are the parents of the following minor children:
Andreanna P. Cataline (DOB 6/23/92) and Gabriela M. Cataline (DOB 12121/94).
4. Petitioner and her two (2) minor children have resided in Central
Pennsylvania for approximately two (2) years.
5. On June 1, 1998, the parties were formally divorced in the Chancery
Court for Knox County, Tennessee, which Order granted Petitioner inter afta. primary
physical custody of her two (2) children and Respondent with periods of temporary
physical custody (See Exhibit "A" attached, and hereinafter described as "the Tennessee
Order").
6. In addition, the Tennessee Order provides, in pertinent part that:
"So long as Plaintiff [father] is a resident of the State of Tennessee, and
to the maximum extent permitted by law, Knox County Chancery Court
shall continue jurisdiction over these parties and their children...."
7. The Tennessee Order further provides that:
"The Plaintiff [father] shall have the same contemporaneous weeks
visitation the summer of 1999 as he has for the summer of 1998 set-out
hereinabove unless a way can be found around the Defendant losing her
childcare subsidy. Any issue as to summer 1999 visitation i left open to
be re-litigated. In the event the Plaintiff d cire to do o and files a
Petition with proper notic& and hearing to do co."
8. Respondent, father, is no longer a resident of the State of Tennessee.
9. Your Honorable Court maintains jurisdiction over the disposition of this
custody matter pursuant to the Uniform Child Custody Jurisdiction Act' (hereinafter the
"Act'). Pennsylvania has been the "home state" of the mother and children and
continues to be their "home state" and has been their "home state" for at least six (6)
consecutive months preceding this request for modification 2
10. The Act is not a reciprocal law and is fully operative regardless of the
status of the Act in any other jurisdiction 3
11. Respondent relocated to whereabouts unknown in the State of North
Carolina, on or about February of 1999.
12. On or about Saturday, June 19, 1999, and consistent with the Tennessee
Order, Respondent picked up the minor children at Petitioner's residence in Carlisle,
23 Pa.C.S.A. § 5341, et. seq.
i 23 Pa.C.S.A. § 5344 (c)
' Hattoum v. Hattoum, 295 Pa.Super 169,441 A2d 403 (1982).
Cumberland County, Pennsylvania, for a scheduled one (1) week period of temporary
physical custody lasting until Sunday, June 27, 1999.
13. Petitioner agreed to pick up the children at Respondent's residence in
North Carolina on Sunday, June 27, 1999. Respondent provided directions to a location
near his residence. Respondent was in the presence of Tonya LNU (last name
unknown), Respondent's unidentified confederate at the time he picked up the children.
14. On Saturday, June 26, 1999, Respondent left a voice message on
Petitioner's telephone and letter received on June 23, 1999, advising her that he would
not be providing the children to her as scheduled.
15. Since that phone message, Respondent has:
(a) Refused to disclose his current whereabouts and the whereabouts
of the children;
(b) Refused to provide a home telephone number and communicates
with Petitioner only by cellular phone; and
(c) Has otherwise advised Petitioner that he is keeping the children for
the entire summer and Intends on litigating the matter In the
Chancery Court for Knox County, Tennessee, despite living at
whereabouts unknown In the State of North Carolina.
16. Petitioner believes and therefore avers that her minor daughters are not
permitted to use the telephone to contact her and, in fact, have not done so and have
not been able to identify their whereabouts to her.
17. Respondent previously deprived Petitioner of her minor children for a
period of three (3) months in violation of the Tennessee Order of custody which matter
was litigated in Tennessee at a time when that state maintained jurisdiction over this
matter.
18. Petitioner is gravely concerned about her daughters' welfare and their
Immediate care, comfort and protection.
19. The minor child, Gabriela M. Catalina, is currently enrolled in summertime
speech therapy at the Capital Area Intermediate Unit and was previously scheduled to
have her tonsils removed this summer. The child was also scheduled for a hearing
exam to further clarify the extent of her speech and hearing disabilities (see Exhibits "B"
and "C" attached).
20. Petitioner has retained the services of Michael Hickman, Esquire, whose
law offices are located at 250 E. Broadway, Suite 106, Maryville, Tennessee, 37804.
Petitioner's Tennessee counsel has filed a Petition for Contempt against Respondent,
based upon the above circumstances, which Petition is scheduled to be heard on July
26, 1999.
21. Petitioner believes, and therefore avers, that Respondent may appear at
said hearing, pro se, and attempt to modify the Tennessee Order at that time (See
Exhibit "D" attached).
22. Michael Hickman, Esquire, is prepared to personally serve a copy of Your
Honorable Court's order, if granted, upon Respondent at said hearing, to domesticate
said order in Tennessee, and to otherwise contest the jurisdiction of the Tennessee
Court to hear any aspect of the custody case.
23. The State of Tennessee no longer exercises jurisdiction over this matter.
The Tennessee order provides that:
"Any Issue as to summer 1999 visitation Is left open to be relitigated,
In the event the Plaintiff desires to do so and files a Petition with
proper notice and hearing to do so."
24. Respondent has at no time filed a formal petition with Your Honorable
Court to amend the current custody order and continues to obstruct Petitioner's custody
rights and to otherwise attempt to thwart Petitioner's custodial rights by attempting to
litigate custody issues in an inappropriate forum.
25. Petitioner requests therefore that Respondent be ordered to immediately
return the minor children to her care and custody and that Respondent's rights under the
Tennessee Order be suspended pending a hearing on these matters.
WHEREFORE, Petitioner respectfully requests that Your Honorable Court
assume jurisdiction of this custody matter and recognize the Tennessee Order as
domesticated within this jurisdiction, and otherwise Order the immediate return of the
minor children of the parties to the mother, to suspend Respondent's rights to custody
pending further Order of this Court, and for such other relief as the Court may deem just
and appropriate. f104 Fernwooql'Aven4e, Ste. 203
Camp Hill, PA 17011- 912
p (717) 761-8101
Date: ? ?
I verify that the statements made herein are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
Kat me M. Cataline
Date: 7-7-q2
' I'511?:1 U LSUUi_' ,
AUG 2 51998
IIQHN F. WEAVER
114 a - 500
IN THE CHANCERY COURT FOR KNOX COUNTY. TENNESSEE
MATTHEW DARWIN CATALINE
Plaintiff
vs.
KATHERINE MARIE CATALINE
Defendant
NO. 134715-2
NOTICE OF ENTRY
REQUIRED
?u1
ORDER
This cause came on to be heard on the 1st day of June, 1998, before the
Honorable Chancellor H. David Cate, sitting for the Chancery Court for Knox
County, Tennessee, upon the entire record herein; the matter being called on the
docket, the parties announced to the Court that they had reached an agreement;
It appearing to the Court that said agreement was fair and reasonable, the Court
does hereby ORDER, ADJUDGE AND DECREE AS FOLLOWS:
The parties' are hereby granted an absolute divorce one from the
EXHIBIT
I _$-
other upon stipulated grounds pursuant to T.C.A. 36-4-129. The Court does
hereby declare the parties divorced pursuant to the statute.
2. The Plaintiff is current in his child support obligation through June 1,
1998, by his last payment of $250.00 (two hundred and fifty dollars) to Defendant
by money order mailed prior to this hearing.
3. The marital residence shall be sold with both parties cooperating in
the sale of the same. In the event the house cannot be sold prior to a foreclosure,
the Plaintiff shall be responsible for any deficiency balance left after said
foreclosure and shall hold Defendant harmless thereon. Both parties shall
cooperate in the fullest in selling said residence. In the unlikely event that there is
a profit from the sale of the residence, all proceeds shall be the property of the
Plaintiff. However, the Plaintiff shall apply any profit proceeds to his Sears
indebtedness, which is a joint Indebtedness with Defendant. In the event there is
any profit proceeds left after paying that Sears bill In full, said proceeds shall be
the sole property of Plaintiff.
4. June 1998 through February 1999, the Plaintiff shall pay the
Defendant the sum of $200.00 (two hundred dollars) per month as and for his
monthly child support obligation. Commencing March 1999, the Plaintiffs child
support obligation shall be $500.00 (five hundred dollars) per month and shall be
paid through the Registry of the Court with the Plaintiff to be responsible over and
above said $500,00 (five hundred dollar) payment a $25.00 (twenty-five dollar)
disbursing fee. Said child support shall be paid by wage assignment to the
Plaintiff's employer as follows: Services Group Incorporated, 116 Sherway Road,
Knoxville, Tennessee 37922. Bald wage assignment shall not begin until March
1, 1999.
5. The parties shall share joint legal custody of their two minor children
with the Defendant to be the primary residential custodian of said children.
6. So long as Plaintiff is a resident of the State of Tennessee, and to
the maximum extent permitted by law, Knox County Chancery Court shall
continue jurisdiction over these parties and their children. During summer 1998,
the Plaintiff shall have visitation with the minor children August 1st through
August 15th for two weeks, July 5th through July 18th for two weeks, and Noon
on June 9th through June 20th. Unless the parties agree to the contrary, 1:00 p.m.
will be the time for pick-up and delivery of the minor children. The receiving party
shall be responsible for providing the transportation for each exchange. Summer
2000 the Plaintiff shall have the minor children for visitation their entire summer
break from school except for the first week after school lets out and the week
before school begins. In the event Defendant loses her daycare subsidy paid by
the State of Pennsylvania, for some reason other than prolonged absence, then in
that event, the Plaintiff shall have the entire summer of 1999 except for the first
week after school is out and the week before school begins.
7. The Plaintiff shall have the same contemporaneous weeks visitation
the summer of 1999 as he has for the summer of 1998 set-out hereinabove
unless a way can be found around the Defendant losing her childcare subsidy.
Any issue as to summer 1999 visitation is left open to be re-litigated, in the event
the Plaintiff desires to do so and files a Petition with proper notice and hearing to
do so.
8. The parties shall rotate Christmas and Thanksgiving between them
as follows: Plaintiff shall have the entire Christmas holiday the children are out of II
school in the even years with Defendant to have the entire Christmas holiday the
p
;hildren are out of school in the odd years. The Plaintiff shall have the entire
thanksgiving holiday the children are out of school in the odd years and the
)efendant shall have the entire Thanksgiving holiday the children are out of
chool in the even years. The 1:00 p.m. exchange time will still apply unless the
arttes agree otherwise in writing. In addition, the Plaintiff shall have visitation
any weekend that he desires to visit his children in Pennsylvania during the
summer or during the school period either one, so long as he gives at least three
days notice to Defendant and so long as he visits in the county, or any conliguow
county, in which the children reside. For a weekend visitation, the Plaintiff shal
give the Defendant notice no later than Tuesday at 1:00 p.m. previous to the
visitation. Christmas holiday shall run from 1:00 p.m. on the day school lets out it
the children's school district until 1:00 p.m. on the day prior to school resuming.
9. Defendant shall be responsible for and pay the Discover card
balance and hold Plaintiff harmless thereon. The Plaintiff shall be responsible for
and pay the Sears card balance and hold the Defendant harmless thereon.
10. Each party shall have their own vehicle and be responsible for and
pay any indebtedness owed thereon and hold the other harmless thereon.
11. In the event the parties file an amended tax return for 1997,
Defendant shall claim the children as a deduction for tax purposes with the
Plaintiff to claim any house interest as a deduction for tax purposes. However,
commencing 1998, the parties shall share the deduction on the children with the
Defendant to have the younger minor child as a deduction and the Plaintiff to
have the older minor child as deduction.
12. This is a final judgment pursuant to Rule 54 of the Tennessee Rules
of Civil Procedure as to all the Issues the parties have agreed on; except,
however as to the Issue of visitation summer 1999, as reserved in Paragraph (7)
above.
13. In no event, shall the Plaintiff have less than the five weeks for
summer 1999 running contemporaneously with the five weeks set-out
hereinabove in paragraph (6) for summer 1998.
14. Each party will make the children available for telephone visitation
each Monday and Wednesday between the hours of 7:00 and 8:00 p.m. If for
some reason the custodial parent is not at home with the children, then the
children will Initiate the phone call themselves from wherever they may be to the
non-custodial parent.
15. The parties shall equally divide the Court costs with one-half of the
bill of costs being mailed to the Plaintiff at:
4221 Angola Rd., Knoxville, TN 37921 , and the other
half being mailed to the Defendant , Katherine Cataline at: 5078 Pajabon Dr., Apt.
102, Harrison, PA 17111, for all of which let execution Issue if necessary.
,.
THIS the 75r. day of '1998.
/J. U - 01,-
CHANCELLOR
APPROVED BY:
c{?:f• y e
MOU
MIKE A. HICKMAN
Attorney for Defendant
250 E. Broadway, Suite 106
Maryville, TN 37804
(423) 984-0111
612 S. Gay Street
Knoxville, TN 37902
(423) 522-8767
07/07/1999 08:41 7177826408 SPEECH AND HEARING PAGE 02
2801 N U Snot
Hi bbn PA 1711620E
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PINNACLEHFALTH
July 6, 1999
Mrs.•Katt dne Catalina
249 Mooredale Road
Carlisle. PA 17013
Dear Mrs. Catalina and Mr. Arbegast:
Your daughter, Gabriella Catalina, was initially diagnosed by Suzanne Humes, Speech
Pathologist A Pinnacle Health at Harrisburg Hospital on 5-26-98, as having poor speech
Intelligibility due to phonological processing errors. At that time, receptive and expressive
language was developing within normal limits. Speech therapy was begun on 11-18-98, at
Pinnacle Health at Polyclinic Hospital, by the undersigned. Because of suspected expressive
syntax errors, further testing was done, revealing a moderate expressive syntax delay, in
addition to the speech disorder.
Gabriella has been receiving weekly speeWanguage therapy since 11-18-98 until 6.9.98, and
has shown good Improvement in her speech and expressive syntax. She had been expected to
continue with therapy during the summer, then enter Into a Capital Area Intermediate Unit
language program in Carlisle in September 1999, situated in the same building as her daycare.
It is important that Gabriella continue in speech/language therapy, as she has shown good
Improvement in her communication skills thus far, with a prognosis for greater improvement
with further therapy. Continuity of therapy is essential to maintain present skills and to prevent
regression of her speech and language.
If any further information is needed, please contact me at 782.4350.
Sincerely,
Cynthia ylotas, . ., CCC/SLP
Speech-Language Pathologist
EXHIBIT
P. 02/02
tiAgTAL AREA
intenRnAt¢rnrt Serving School Districts in Dauphin, Cumberland, Perry, and Northern York Counties
School Programs and Services • 55 Miller Street • P.O. Box 489 • Summerdale, PA 17093.0489
Phone 717.732.8400; Fax 717.732.9414; TOD 717.732.8422
July 7, 1999
Catherine Cataline
240 Mooredale Rd.
Carlisle, Pa. 17013
Gabricla Cataline (Date of Birth 12121/94) qualities for speech and language therapy and
is in need of a hearing evaluation. She is entitled to these services under Pa. Department
of Education guidelines and needs to have her hearing evaluated as soon as possible so
she may start receiving speech therapy in August. These services will be provided by
The Capital Area Intermediate Unit.
Carol Sharp
Preschool Assessment Coordinator
EXHIBIT
A•; Equol OC04wt.1lry Employ,,
IN CHANCERY COURT FOR KNOX COUNTY, TENNESSEE
MATTHEW DARWIN CATALINE, )
Plantiff, )
VS. ) NO. 134715-2
KA'T'HERINE MARIE CATALINE, )
Defendant, )
ADMENTMENT TO VISITATION
Comes the plantiff, Matthew Cataline, that on January 5, 1999, the Plantiff recieved a
letter from the agency that was providing subsidy to the Defendant. It states that on
October 12, 1998 the defendant was no longer being aided.
WHEREFORE, the Plantiff seeks that the court would admend the existing court
order and decree in pargraph 6.
This f ' day of June, 1999
TAewD.taline
EXHIBIT
I ?
January 5, 1999
Matthew Cataline
6114 Asheville Hwy-
Knoxville, TN 37924
--Dear Mr. Cataline;
Our office has received your letter together with a copy of your Court order
regarding subsidized care for your children. We are now able to inform you that Ms.
Katherine Cataline's eligibility for subsidized child day care was discontinued on
October 12, 1998; therefore, Ms. Cataline is no longer a client at Child Care Network
I hope you find the above information helpful
Sincerely,
Sheplek
iscal Manager
SSrjm
160 S. Progress Avenue, Suite IA, Harrisburg, PA 17109
MNEEM?
17171671-8895 1-800.952.7419 FAX 1
717) 671.9717
.»srsung with day care funding for working families
in Cumberland, Dauphin and Perry counties
January 5, 1999
Matthew Cataline
6114 Asheville Hwy
Knoxville, TN 37924
Dear Mr. Cataline;
Our office has received your letter together with a copy of your Court Order
regarding subsidized care for your children. We are now able to inform you that Ms.
Katherine Cataline's eligibility for subsidized child day care was discontinued on
October 12, 1998; therefore, Ms. Cataline is no longer a client at Child Care Network
1 hope you find the above information helpful.
Sincerely,
S Y449
/ sana Sheple
fiscal Man r
ager
SS/jm
r
160S. Progress Avenue, Suite IA, Harrisburg, PA 17109
(717) 671-8895 1-800-952-7419 FAX 17171671-9717
Assisting with day care funding for working families
in Cumberland, Dauphin and Perry counties
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KATHERINE M. CATALINE, IN THE COURT OF COMMON PLEAS OF
PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA
V.
MATTHEW D. CATALINE,
RESPONDENT 99-4162 CIVIL
ORDER OF COURT
AND NOW, this 21e1 day of July, 1999, upon relation by Matthew D. Cataline
and his commanding officer that he is on a two-week period of active military reserve
duty through July 31, 1999, the hearing scheduled for July 23, 1999, IS CANCELLED.
The hearing shall be conducted in Courtroom Number 2, Cumberland County
Courthouse, Carlisle, Pennsylvania, on Wednesday, August 4, 1999, at 8:45 a.m.
By the Cou[t
Edgar B. ay ey, J.
Charles Rector, Esquire
For Petitioner
Matthew D. Cataline, Pro se
ISS Technologies
22 Business Park Circle
Asheville, NC 28704
Respondent
(,° /?oai( 7/.2..199.
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AFFIDAVIT OF SERVICE
Commonwealth of Pennsylvania County of Cumberland
Case Number: 99.4182 Court Date: 7/23/1999
Plaintiff:
Katherine M. Catalina
VS.
Defendant:
Matthew D. Catalina
For.
Mike Hickman
Reed & Hickman
250 East Broadway
Suite 108
Maryville TN 37801
Common Pleas Court
Received by BLOUNT PROCESS SERVICE on the 20th day of July, 1999 at 8:00 pm to be served on
MATTHEW D. CATELINE, C/O ISS Technologies, K's Business Park, #22, Ashville, NC.
1, Larry Higgins, being duly swom, depose and say that on the 21st day of July, 1999, at 9:45 am, I:
Substitute Served by leaving a true copy of this Petition & Order with the date and hour of service endorsed
thereon by me, at the within named person's usual place of business, to a person employed therein to wit: Brian
Feld as Manager and informing said person of the contents thereof.
I certify that I am over the age of 18, have no interest in the above action, and am a Special Process Server in
good standing in the county in which the process was served.
Subscribed and Sworn to before me on the 21st
day of July, 1999 by the affiant who is personally
known to me.
NOTARY PUBLIC R
My commission expires ?Q
BLOUNT PROCESS SERVICE
P.O. Box 174
Alcoa, TN 37701
(423) 977$110
Our Job Serial Number: 99000200
Copy O*1998 DataW"Services.Inc.- Process Servers TWIWx V5 1j
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AFFIDAVIT OF SERVICE
Commonwealth of Pennsylvania County of Cumberland
Case Number: 99-4162 Court Date: 7/23/1999
Plaintiff:
Katherine M. Catalina
VS.
Defendant:
Matthew D. Catalina
For:
Mike Hickman
Reed & Hickman
250 East Broadway
Suite 106
Maryville TN 37801
Common Pleas Court
Received by BLOUNT PROCESS SERVICE on the 20th day of July, 1999 at 8:00 pm to be served on
MATTHEW D. CATELINE, 482 Windswept Drive, Asheville, NC 28801.
I, Larry Higgins, being duly swom, depose and say that on the 21st day of July, 1999, at 11:06 am, I:
Substitute Served by leaving a true copy of this Petition & Order with the date and hour of service endorsed
thereon by me, at the within named person's usual place of abode, to a person residing therein who is 15 years
of age or older to wit: Sheila Brooks and informing said person of the contents thereof.
Comments pertaining to this Service:
Attempted service on Matthew Catalina at his last known residence, 482 Windswept Drive, Asheville, NC.
Papers were accepted by Sheila Brooks, who stated she knew what the papers were about and ensured me
that she would get them to Mr. Catalina.
I certify that I am over the age of 18, have no interest in the above action, and am a Special Process Server in
good standing in the county in which the process was served.
Subscribed and Sworn to before me on the 21st
day of July, 1999 by the affiant who is personally
known to me. I
NOTARY PUBLIC
My commission expires/
BLOUNT PROCESS SERVICE
P.O. Box 174
Alcoa, TN 37701
(423) 977-9110
Our Job Serial Number. 99000200
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KATHERINE M. CATALINE, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
MATTHEW D. CATALINE,
Defendant/Respondent NO. 99-9162 CIVIL TERM
ORDER OF COURT
AND NOW, this 9th day of August, 1999, following a
hearing, IT IS ORDERED that Andreanna and Gabriela Cataline
shall be returned to their mother this date for the remainder
of the summer. Pending any further order in any action brought
in this court, based on the current jurisdiction of this court,
that would change the existing court order entered on June 1,
1998, in the Chancery Court of Knox County, Tennessee, except
for this summer that order shall remain in full. force and
effect.
Charles Rector, Esquire
1109 Fernwood Avenue, Ste. 20?
Camp Hill, PA 17011
For Plaintiff
Matthew D. Cataline, pro se
96 Harrison Hill Road
Swannanoa, N.C. 28778
Sheriff
prs
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MG?c? tjcjr?;<? Ca?a1?nL
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. r t
. K??(1c?C? \ `U? ? C ?O?Ca? (? ?.. : CIVIL ACTION LAW
Defendant : NO. y (o c CIVIL 19 q9
CUSTODY VISITATION
ORDER OF COURT
And now, this upon consideration of the attached com laint, it is hereb directed
that the above parties and their respective counsel appear yb?efore 1 L. '
Esquire, the conciliator at > l8?^ "4, ? Cc `c
Pennsylvania, on the= day of W , 1999, at K-)'On A. 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 be present a
the conference. Failure to appear at the conference may provide grounds for the entry of a
temporary or permanent order.
FOR THE COURT:
,
t
By:QQ ?11t7A .
Custody Conciliator (mil
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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
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?/ 99 Al"2J ??l? l: ??l
/? CUA(
AUG 2 4 19
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW DARWIN CATALINE, )
Plaintiff, )
vs. ) NO. 994162
KATHERINE MARIE CATALINE, )
Defendant, )
CONTEMPT OF COURT
Comes the plaintiff, Matthew Cataline and states that, in September, two weeks prior
to Labor Day the Plaintiff requested desire to visit with his children and the defendant
refused to allow it. According to the Divorce decree, paragraph 8 states that as long as
he give notice three days prior by 1:00 p.m. he shall have visitation any weekend he
desires. the defendant clearly denied it. The defendant has also denied numerous phone
visitations on the days that she appointed in the court order, Monday and Wednesday
from 7:00 to 8:00 p.m., by not being there and not having the children initiate the calls
when they were not home. Also, the defendant denied Christmas visitation this past year
of 1998.
THE PLAINTIFF PRAYS THAT
A. The court would hear these contempt's
B. The court would award the Plaintiff Christmas visitation for the year of 1999
C. The court would hold the defendant responsible for the court costs
This/4?day of August, 1999
a hew D. Ca aline
96 Harrison Hill Rd
Swannanoa, NC 28778
(828) 606-9018
IN COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW DARWIN CATALINE, )
Plaintiff, )
vs. ) NO. 99-4162
KATHERINE MARIE CATALINE, )
Defendant, )
DENIAL OF RIGHTS OF JOINT CUSTODY
Comes the plaintiff, Matthew Cataline and states that the defendant has denied the
plaintiff information that he is entitled to such as ;
A. Information as to the school which the children are attending.
B. Information as to medical records for the children.
THE PLAINTIFF PRAYS THAT
1. The court order the defendant to provide the plaintiff with this information.
This/=day of August, 1999
M ew D. Ca line
96 Harrison Hill Rd
Swannanoa, NC 28778
(828) 606-9018
CERTIFICATE OF SERVICE
I hereby certify that a true and exact copy of the following has been served to all parties in this cause,
either hand delivered or through the U. S. Postal Service with correct postage attached at their last know
postal address.
This the ? f? 1999.
atthew D. Catal e
CC: Charles Rector, Esquire
Katherine M. Cataline
Court of Common Pleas
>- «1
uj
cl)
r G -?
U c C>
August 16, 1999
Edgar B. Bayley
Judge
I Courthouse Square
Carlisle, PA 17013-3387
Your Honor,
Pleas find enclosed several filing that 1 wish the court to hear. Also enclosed are duplicates of the filings
that I am requesting be sent back to me in the self addressed stamped envelope with the date and time stamp
of the filing from the court. Thank you for your time in this matter.
Sincerely,
atthew D. Cataline
96 Harrison Hill Rd.
Swannanoa, NC 28778
.I
?5
MATTHEW DARWIN CATALINE,
Plaintiff
Vs.
KATHERINE MARIE CATALINE,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-9162 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY/VISITATION
ORDE$
AND NOW, this day of , 1999,
upon review of the Conciliator's Report, it appearing that the
Mother and her counsel appeared but the Father, who filed the
Petition, did not appear, it is hereby ordered and directed as
follows:
1. The contempt petition filed by Father is DISMISSED.
BY THE COURT, J
EDGAR B. BAWXZ,?J.
Matthew Darwin Cataline, pro se
Charles Rector, Esquire
Attorney for Defendant
mlb
% ~''•?V
?3 ?,
'?'?ir
Y
MATTHEW DARWIN CATALINE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS. )
NO. 99-4162 CIVIL TERM
KATHERINE MARIE CATALINE, )
Defendant ) CIVIL ACTION - LAW
CUSTODY/VISITATION
JUDGE PREVIOUSLY ASSIGNED: The Honorable Edgar B. Bayley
CUSTODY CONCILIATION CON"RENCE SLNUM REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), 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:
NWE BIRTHDATE CURRENTLY IN
CUSTODY OF
Andreanna Cataline
Gabriela Cataline
2. A Conciliation Conference was held on October 21, 1999,
and the following individuals were present: the Plaintiff did not
appear; the Defendant appeared with her attorney, Charles Rector,
Esquire.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
5. The Plaintiff's position on custody is as follows: See
attached Order.
6. The Defendant's position on custody is as follows: See
attached Order.
7. Need for separate counsel to represent children: Neither
party requested.
8. Need for independent psychological evaluation or
counseling: None requested and the Conciliator does not believe
any is necessary.
9. Other matters or comments: Father filed a custody contempt
petition as soon after he appeared in this Honorable Court on a
hearing on August 4, 1999. Father contacted the conciliator the
day before the hearing and indicated that he could not attend.
Father filed the contempt petition pro se. Mother appeared with
her counsel. Since Father did not appear and he filed the contempt
petition, his contempt petition should be dismissed.
Date: November 2, 1999
I
ich el L. Bangs
Custody Conciliator 77-
L?
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
17L?A1 4436A 170u AL QQ
ATTORNEY FOR DEFENDANT
KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEA OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION-LAW
: NO. 99-4162 CIVIL
MATTHEW D. CATALINE,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW this ?_ day of July, 2006, upon consideration of the attached Motion for
Reconsideration, it is hereby ORDERED that reconsideratio f theTuly24, 006 Order is
GRAND, an d t?} t? ?yio?f A?n?arjna PP 9ataline shall in"witli Fathe , Matthew D. Cataline,
pending iconcllation on August 7, 2006,
tomec
usto y cone for s a a co an
h
By the
Edgar B.
Distribution:
Charles Rector, Esquire - fwet.i 4-4- G
Nathan C. Wolf, Esquire r ? r5d-o k ?/ 7- ? 7- 0
:. ?.
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO.87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR DEFENDANT
V.
's M. CA'
Plaintiff
MATTHEW D. CATALINE,
Defendant
-....? mnl Ur w1v1MUN PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 99-4162 CIVIL
: IN CUSTODY
AND NOW comes the Defendant, Matthew D. Cataline, by his attorney, Nathan C Wolf,
Esquire, and files this motion for reconsideration asking the Court to reconsider the Order of July 24,
2006, representing as follows:
1. The petitioner, Defendant/Father, is Matthew D. Cataline, an adult individual residing
at Troop. L, 5th Squadron., 15th Calvary Regiment, 3576 Wilson Road, Ft. Knox, KY 40121-5728.
2. The respondent, Plaintiff/Mother, is Katherine M. Cataline, an adult individual residing
at 6758 Lehigh Avenue, Harrisburg, PA 17111.
3. The parties are the natural parents of two minor children, namely:
N= 2M n Rrcid nrr DOB
Andreanna P. Cataline 6758 Lehigh Avenue 6/23/92
Harrisburg, PA 17111 (age 14)
Gabriela M. CataUe same as above 12/21/94
(age 11)
4. On July 24, 2006, Father filed a Petition for Special Relief, contemporaneously With a
Petition to Modify Custody, because on July 15, 2006 when the children came to see Father in
Kentucky, Father learned that Andreanna P. Cataline, had been engaging in self-injurious behavior;
wherein she was cutting herself with scissors and that the a counselor advised Mother that Andreanna
needed a break from her and her household, but that follow up treatment had not been obtained for
the child and that the child had been engaging in this behavior for an extended period of time.
5. On July 24, 2006, the Court denied said Petition for Special Relief without a hearing
with instructions that the case shall proceed to conciliation on Fathers petition to modify custody.
6. The Court authorized an expedited conciliation conference, which is presently
scheduled for August 7, 2006 at 10:30 a.m.
Due to Mothers counsel's unavailabihry a conciliation conference cannot be had before
August 7, 2006.
8. Father avers the child, Andreanna P. Cataline, would be placed in an elevated risk of
harm if she was forced to return to Mother's care pending the conciliation conference and a hearing, if
one should be necessary.
9. Prior to the filing of this Motion, the child has not had a counseling session since
March, 2006, while in Mothers custody, but upon his learning that the child has had such significant
difficulties, Father took the child to a counselor in Kentucky, since the child has been in his custody.
10. Prudence Zollinger, Ph.D., LCSW, has met with the child both with her father and in
separate sessions and has observed the following significant concerns regarding the child's mental
health condition:
(1) Engaging in self-injurious behaviors in the form of cutting, which the Doctor
observed to be recent injuries, highly visible after the two week period the child
reported to have elapsed between injury and observation. Mother was aware of the
same and took no action.
(2) The child has manifest behaviors consistent with a significant withdrawal from the
family, including her mother, her sister and her stepfather.
(3) The child has vocalized that her mother, her stepfather and her sister would be better
off without her in the household.
(4) The dramatic decline in the child's grades from A's and B's to D's and F's.
1 1. Dr. Zollinger has thirty years of experience as a social worker with the
Commonwealth of Kentucky and has had an additional two and a half years of experience treating
patients through her employment with the United States Army.
12. Dr. Zollinger has concluded that if these observations are indicative of the child's
overall mental health, that the Mother's failure to ensure proper follow-up counseling and treatment
are tantamount to emotional abuse and medical neglect.
13. As such, the Doctor has likewise concluded based upon the foregoing observations
and her experience that forcing the child to return to the custody of her Mother, would not, at this
time, be in the child's best interest and would put the child's future welfare at an increased risk of
harm.
14. Petitioner believes and avers that it is in the child's best interest and personal welfare to
be in Father's custody, and not returned to Mother's custody pending the conciliation conference and
further hearing and that the Court schedule a hearing concerning this matter.
WHEREFORE, Petitioner, Matthew D. Cataline, respectfully prays that this Honorable Coun
reconsider its prior order denying special relief and enter an Order allowing the child to remain in
Father's custody until a hearing can be held on the matter, unless the parties can resolve the matter at
conciliation on August 7, 2006, along with granting Petitioner any other such relief that the Court may
deem appropriate.
Respectfully
WOLF &W
Dated: July?-U, 2006
10
Supreme Court I.D. No. 87380
(717) 241-4436
Attorney for Petitioner
VERIFICATION
I, the undersigned, do hereby verify that the facts set forth in this motion are true and correct to
the best of my knowledge and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.GS. Section 4904, relating to unworn falsification toawhorities.
Dated: July ,,q 2006
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-1436
ATTORNEY FOR DEFENDANT
KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vii.
CIVIL ACTION - LAW
: NO. 99-4162 CIVIL
MATTHEW D. CATALINE,
Defendant : IN CUSTODY
I, Nathan C Wolf, Esquire, attorney for Defendant, do hereby certify that I have served
a copy of the foregoing Motion for Reconsideration upon the following person, by postage prepaid
mail, addressed as follows:
Charles Rector, Esquire
1104 Fernwood Avenue
Suite 203
Camp Hill, PA 17011
Respectfully submitted,
WOLF &
Dated: July 006
10 est h Street
ar , PA 17013
upreme Court I.D. No. 87380
(717) 241-4436
Attorney for Petitioner
V553
KATHERINE M. CATALINE,
PLAINTIFF
V.
MATTHEW D. CATALINE,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4162 CIVIL TERM
ff.. (n,ORDER OF COURT
AND NOW, this 2"C'A` day of July, 2006, upon review of the petition
for special relief, the petition IS DENIED without a hearing.'
By the Court ,--
Edgar B. Bayley,
Charles Rector, Esquire
For Plaintiff
Nathan C. Wolf, Esquire
For Defendant
Court Administrator
sal
'The case shall proceed to conciliation on father's petition to modify custody.
/ -I ?-,- IfiL
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717)241.9438
ATTORNEY FOR DEFENDANT
KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
: NO. 99-4162 CIVIL
MATTHEW D. CATALINE,
Defendant : IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW comes the Defendant, Matthew D. Cataline, by his attorney, Nathan C. Wolf,
Esquire, and files this petition for special relief respectfully representing as follows:
1. The defendant/Father is Matthew D. Cataline, an adult individual residing at Troop. L,
5th Squadron., 15th Calvary Regiment, 3576 Wilson Road, Ft. Knox, KY 40121-5728.
2. The plaintiff/Mother is Katherine M. Cataline, an adult individual residing at 6758
Lehigh Avenue, Harrisburg, PA 17111.
3. The patties are the natural parents of two minor children, namely:
Name Present esid nc DOB
Andreanna P. Cataline 6758 Lehigh Avenue 6/23/92
Harrisburg, PA 17111 (age 14)
Gabriela M. Cataline same as above
12/21/94
(age 11)
4. Mother retains primary custody of the children, however they resided with both parties
prior to their divorce by Order of June 1, 1998, at Knoxville, Tennessee, which Order granted
primary custody of the children to Mother, but Father has been afforded joint legal custody of the
children with temporary periods of physical custody. A true and correct copy of the June 1, 1998,
Chancery Court Order of Knox County, Tennessee, is attached hereto as Exhibit A.
5. On or around August 8, 1999, Mother filed a petition to modify custody and for
emergency special relief.
6. On August 4, 1999, the Chancery Court for Knox County, Tennessee relinquished
jurisdiction to the Court of Common Pleas, Cumberland County, as Father's residence was moved
from Tennessee. Awe and correct copy of the August 4, 1999, Order is attached hereto as Exhibit
B.
7. Contemporaneous with the filing of this Petition for Special Relief, Father is filing a
Petition to Modify Custody regarding his older daughter, Andreanna, requesting an expedited
conciliation conference and seeking more specifically established periods of partial physical custody
with the parties' younger child, Gabriela.
8. Father believes that Mother has sought to alienate the children from the love and
affection of Father as well as to impede Fathers periods of physical custody. Mother withholds
important information from Father and has, in the past, unreasonably limited his contact with the
children.
9. On April 16, 2006, Father learned that Andreanna P. Cataline, the patties' eldest
daughter, had been sent to live with a maternal aunt for two weeks as a result of counseling sessions
among Andreanna, Mother and a counselor arranged through the child's school. Father was not
afforded an opportunity to participate, because Andreanna had been engaging in self-injurious
behaviors wherein she was cutting herself with scissors. Father has learned that the counselor
advised Mother that Andreanna needed a break from her mother and her household.
10. Unbeknownst to Father at the time, a previous school counseling session had taken
place concerning Andreanna's problems at school, wherein Father did not have a chance to
participate.
11. Father has subsequently learned that the child has received no additional counseling
since March of 2006, when the counselor purportedly suggested that the child might benefit from
being in her fathers custody.
12. Now that the children are with Father, he has learned the severity of the situation and
has arranged for Andreanna to have counseling sessions with a psychologist.
13. Said counseling sessions have revealed that the relationship between Mother and
Andreanna is significantly strained, and that Andreanna is struggling emotionally and academically.
14. Andreanna has relayed that Mother informed her on multiple occasions that she could
relocate and reside with Father and not return to Mother's household, or upon her return, Mother
would have Andreanna admitted to a mental health facility.
15. The child has expressed concerns that her voiced preference to remain with Father
would result in some significant form of retaliation from Mother, if Andreanna was forced to return
to Mothers custody.
16. In the past, Father had been afforded visitation on a biweekly basis after the parties'
divorce, specifically in the summer of 1998 and 1999.
17. In late 1998, Mother hurt her back and offered to allow the children to go with Father,
provided he was responsible for all transportation from Tennessee to Pennsylvania and back, leaving
only four (4) days for Father to enjoy custody with the children, which oppommity Father did take
advantage of.
18. In the summer of 1999, Mother withheld information from Father that she had lost her
child care so that Father could not have visitation for the entire summer as the June 1, 1998, Order
sets out.
19. To Mothers credit, she did permit Father to have visitation with the girls over the 2005
Christmas holiday for 10 days.
20. Only recently, Mother, after Father sought counsel and Mother faced the possibility of
litigation on the issue, Mother acquiesced and allowed both children to travel to see Father for two
weeks.
21. Mother only agreed to the children traveling to see Father upon the condition that he
purchase airline tickets for the children leaving Pennsylvania on July 15, 2006 and returning on July
30,2006.
22. Previous to this visit, Father had only seen his daughters 14 days in the preceding year
and a half.
23. Father has been alienated from the children by not allowing Father to have regular
telephone contact with them, because when Father would call at the times designated by Mother, no
one would answer the telephone calls at Mother's residence.
24. Previously, Mother had denied Father custody of the children many times contrary to the
provisions set forth in the June 1, 1998, Order.
25. Father is currently serving in the United States Army in Fort Knox, Kentucky, where he
is employed as a drill sergeant.
26. Father has the ability to provide adequate supervision and care for the children.
27. Father is currently remained and the children have a good relationship with his wife.
28. The actions of Mother in alienating Father from the children, and in allowing
Andreanna's mental health concerns to continue without affording Father an oppomurityto assist in
their resolution, illustrates Mother's disregard for the relationship between the children and their
Father, and her disregard for the best interests and permanent welfare of the children.
29. Father believes and therefore avers that it would be in the best interests of the children
for this Court to issue an Order for Special Relief, directing Mother to comply with the June 1, 1998,
Order of Court, and to allow Father to have primary, custody of Andreanna, pending a modification
conference on Father's petition.
WHEREFORE, Defendant, Matthew D. Cataline, prays this Honorable Court enter a Temporary
Custody Order granting Defendant temporary physical custody of the parties child, Andreanna P.
Cataline, pending further Order of Court along with any additional relief that the Court may deem
appropriate and just.
Respectfully
Dated: July/ , 2006
10
Suprd a-Court I.D. No. 87380
(71.7) 241-4436
Attorney for Defendant
VERIFICATION
I, the undersigned counsel for Defendant, do hereby verify that the facts set forth in this
petition are true and correct to the best of my knowledge and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.CS. Section 4904, relating to unswom
falsification to authorities.
JuIyJY2oo6
FMM : KRRM, l1pLUNTEER FIFE DEPT. FR.\ W. : 055 591 1553 tkw. le 2004 9e:onAM R15
LSUd U LSU?_.
AUG 2 51998
UO.HN F. WEAVEI
? V 7 • 5M>
IN THE CHANCERY COURT FOR KNOX COUNTY, TENNESSEE
MATTHEW DARWIN CATALINE
Plaintiff
vs. NO. 134715-2
KATHERINE MARIE CATALINE R of rRrRx
REQQUI RID n?
Defendant -?-? +
?J
ORDER
This cause came on to be heard on the 1st day of June, 1998, before the
Honorable Chancellor H. David Cate, sitting for the Chancery Court for Knox
County, Tennessee, upon the entire record herein; the matter being called on the
docket, the parties announced to the Court that they had reached an agreement;
it appearing to the Court that said agreement was fair and reasonable, the Court
does hereby ORDER, ADJUDGE AND DECREE AS FOLLOWS:
1. The parties' are hereby granted an absolute divorce one from the
other upon stipulated, grounds pursuant to T.C.A. 364-129. The Court does
hereby declare the parties divorced pursuant to the statute.
2. The Plaintiff N'Wrrent in hrs"child `suppoif`dbligatfor llirougfi June 1,
1998, by his last payment of $250.00 (two hundred and fifty dollars) to Defendant
by money order mailed priorto this hearing.
3. The marital residence shall be sold with both parties cooperating in
the sale of the same. In the event the house cannot be sold prior to a foreclosure,
the Plaintiff shall be responsible for any deficiency. balance left after said
foreclosure," shalt::hofd..Defendant harmless thereon...-Both parties shall
cooperate in the fullest In selling said residence. In the unlikely event that there Is
a profit from the sale of the residence, all proceeds shall be the property of the
Plaintiff. However, the Plaintiff shall apply any profit proceeds to his Sears
indebtedness, which is a joint indebtedness with Defendant. In the event there is
any profit proceeds left after paying that Sears bill in full, said proceeds shall be
the sole property of Plaintiff.
4. June 1998 through February 1999, the Plaintiff shall pay the
Defendant the sum of $200.00 (two hundred dollars) per month as and for his
monthly child support obligation. Commencing March 1999, the Plaintiffs child
support obligation shall be $500.00 (five hundred dollars) per month and shall be
paid through the Registry of the Court with the Plaintiff to be responsible over and
.I
FFYVI Y.AFM t LIMTEEF. FWE DEFT. Fn;t tin. : 865 671 li'S3
IJov. In 20114 W3: EU:uYA FI6
above said $500.00 (five hundred dollar) payment a $25.00 (twenty-five dollar)
disbursing fee. Said child support shall be paid by wage assignment to the
Plaintiffs employer as follows: Services Group Incorporated, 116 Sherway Road,
Knoxville, Tennessee 37922. Said wage assignment shall not begin until March
1. 1999.
5. . The parties.shall.share joint legal custody of their two minor children
with the Defendant to be the primary residential custodian of said children.
6. So long as Plaintiff is a resident of the State of Tennessee, and to
the maximum extent permitted. by law, Knox County Chancery Court shall
continue jurisdiction over these parties and their children. During summer 1998,
the Plaintiff shall have visitation with the minor children August 1st through
August 15th for two weeks, July 5th through July 18th for two weeks, and Noon
on June 9th through June 20th. Unless the parties agree to the contrary, 1:00 p.m.
will be the time for pick-up and delivery of the minor children. The receiving party
shall be responsible for providing the transportation for each exchange. Summer
2000 the Plaintiff shall have the minor children for visitation their entire summer
break from school except for the first week after school lets out and the week
before school beginsAn.the event Defendant loses her daycare subsidy paid by
the State of Pennsylvania, for some reason other than prolonged absence, then in
that event, the Plaintiff shall have the entire summer of 1999 except for the first
week after school is out and the week before school begins.
7. The Plaintiff shall have the same contemporaneous weeks visitation
the summer of 1999 as he has for the summer of 1998 set-out hereinabove
unless a way can be found around the Defendant losing her childcare subsidy.
Any issue as to summer 1999 vfsitafon is-lWopen b6be r PRigated, in the event
the Plaintiff desires to do so and files a Petition with proper notice and hearing to
do so.
8. The parties shall rotate Christmas and Thanksgiving between them
as follows: Plaintiff shall have the entire Christmas holiday the children are out of
school In the even years with Defendant to have the entire Christmas holiday the
children are out of school in the odd years. The Plaintiff shall have the entire
Thanksgiving holiday the children are out 'of school ..1n the odd years and the
Defendant shall have the entire Thanksgiving holiday the children are out of
school in the even years. The 1:00 p.m. exchange time will still apply unless the
Darties agree otherwise in writing. In addition, the Plaintiff shall have visitation
FFnM : KPotG QCUUTEER FIFE CREPT. FAX Irl, fY;S f-at 1333 4-,..P, In &rJ14 nn:1 iw PIT
any we "and that he desires to visit his children In Pennsylvania during the
summer or during the school period either one, so long as he gives at least three
days notice to Defendant and so long as he visits in the county, or any contiguous
county, in which the children reside. Fora weekend visitation, the Plaintiff shall
give the Defendant notice no later than Tuesday at 1:00 p.m. previous to the
visitation. .Christmas. holiday shall run from 1:00 p.m. on the day school lets out in
the children's school district until i:00 'p:di. cn lhe'day prior to sehool resuming.
9. Defendant shall be responsible for and pay the Discover card
balance and hold Plaintiff harmless thereon. The Plaintiff shall be responsible for
and pay the Sears card balance and hold the Defendant harmless thereon.
10. Each party shall have their own vehicle and be responsible for and
pay any indebtedness owed thereon and hold the other harmless thereon.
11. In the event the parties file an amended tax return for 1997,
Defendant shall claim the children as a deduction for tax purposes with the
Plaintiff to claim any house interest as a deduction for tax purposes. However,
commencing 1998, the parties shall share the deduction on the children with the
Defendant to have the younger minor child as a deduction and the Plaintiff to
have the older minor child as deduction. ,
12, This is a final judgment pursuant to Rule 54 of the Tennessee Rules
of Civil Procedure as to all the issues the parties have agreed on; except,
however as to the Issue of visitation summer 1999, as reserved in Paragraph (7)
above.
13. In no event, shall the Plaintiff have less than the rive weeks for
summer 1999 running contemporaneously with the five weeks set-out
'hertamahovr;ln naranranh7fil fax-vwn,n.r 100Y-"- - -
14. Each party will make the children available for telephone visitatlon
each Monday and Wednesday between the hours of 7:00 and 8:00 p.m. If for
some reason the custodial parent is not at home with the children, then the
children will initiate the phone call themselves from wherever they may be to the
non-custodial parent.
15. The parties shall equally divide the Court costs with one-half of the
bill of costs being mailed to the Plaintiff at:
4221 Angola Rd., Knox ille, TN 37921 , and the other
half being mailed to the Defendant , Katherine Catalina at: 5078 Pajabon Dr., Apt.
102, Harrison, PA 17111, for all of which let execution issue if necessary.
FPM. : Y.? G WUNTEER FIFE DEFT. FAX N0. GS F^' UM, N:.., la 211104 99:02p1 Pla
THIS the 7s, r, day of '1998.
CHANCELLOR
APPROVED BY r, R'r,
J ?J2cuW?/.F111cryo?4h
MIKE A. HICKMAN w ??•, y
Attorney for Defendant
250 E. Broadway, Suite 106
Maryville, TN 37804
(42})984-0111
612 S. Gay Street
Knoxville, TN 37902
(423) 522-8767
d
I
FROM : KRF.1,1S, l111U.iNTEER FIFE . T. FAX NO. : RAS 691 1333 Nov. 10 2004 0R:04RM P21
KATHERINE M. CATALINE, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
MATTHEW D. CATALINE,
Defendant/Respondent NO. 99-4162 CIVIL TERM
ORDER OF COURT
AND NOW, this 4th day of August, 1999, following a
hearing, IT IS ORDERED that Andreanna and Gabriela Cataline
shall be returned to their mother this date for
of the summer. Pending any further order in any action brought
in this court, based on the current jurisdiction of this court,
that would change the existing court order entered on June 1,
1998, in the Chancery Court of Knox County, Tennessee, except
for this summer that order shall remain in full force and
effect.
Charles Rector, Esquire -
1104 Fernwood Avenue, Ste. "207
Camp Hill, PA 17011
For Plaintiff
Matthew D. Cataline, pro se
96 Harrison Hill Road
Swannanoa, N.C. 28778
sheriff TRUE COPY FROM RECORD
In TczflaonY ,:iureof, I here unto set my hand
prs and the saal of said Court at Carlisle, Pa.
s
1 _ zrru ,
A?, Prothonotary
FXI11'b1? L/
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87390
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241.4436
ATTORNEY FOR DEFENDANT
KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vii.
: NO. 99-4162 CIVIL
MATTHEW D. CATALINE,
Defendant : IN CUSTODY
CERTIFICATE OF SERNU E
I, Nathan C. Wolf, Esquire, have served a true and correct copy of Petition for Special Relief
upon the following person and in the matter indicated:
Charles Rector, Esquire
1104 Femwood Avenue, Suite 203
Camp Hill, PA 17011
Counsel for Plaintiff
WOLF
July/, 2006
iV9T . WOLF, ESQUIRE
10 W t 1gh Street
Carh e, Pennsylvania 17013
(717) 241-4436
Supreme Court I.D. No. 87380
Attorney for Defendant
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KATHERINE M. CATALINE IN TI IF COURT OF COMMON PLEAS OF
PLAINTIFF : CLJM91iRI.AND C'OIJN'I'Y, PfiNNSYI-VANIA
V.
MATT1117W D. CATALINE
DEFF.NDAN1
99-4162 CIVIL. ACTION LAW
W CUSTODY
ORDER OF COURT
AND NOW, Monday, July 24, 2006 _ upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear belbre Jacqueline M• Verney, Esq. , the conciliator,
it 41h Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 26, 2006 at 1;30 PM
for a Pre-liearing C'ustocly Conference. At such conference, an effort will be made to resolve the issues in dispute, or
if this cannot be accomplished, to clefinc and narrow the issues to be head by the court, and to enter into a temporary
order. All children age live or older may also be present at the conference. Failure to appear at the conference nuty
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: _/s/ _ ac uellne M. Verne Es .
Custody Conciliator
The Court of Common P1caS of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, 60'f0 OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone 17171'_49-3166
??
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 8739D
10 WEST HIGH STREET
CARLISLE PA 17013 - - -- -
(717) 7AI 4436
ATTORNEY FOR DEFENDANT
JUL 2 4 2006 y.
KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
V.
: NO. 99-4162 CIVIL
MATTHEW D. CATALINE,
Defendant : IN CUSTODY
ORDER OF COURT
NOW, this day of , 2006, in consideration of the attached petition, it is
hereby directed that the parties and their respective counsel appear before
,
Esquire, custody conciliator, on the 4th Floor, Cumberland County Courthouse, on the day of
2006, at o'clock . Ni 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 bythe 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 this conference may
provide grounds for entry of a temporary or permanent order.
By the Court,
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
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 97380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241.4436
ATTORNEY FOR DEFENDANT
KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
: NO. 99-4162 CIVIL
MATTHEW D. CATALINE,
Defendant : IN CUSTODY
PETITION TO MODIFY CUSTODY
AND NOW, comes the defendant, Matthew D. Cataline by his attorney, Nathan C. Wolf,
Esquire, and presents the following Petition to Modify Custody, representing as follows:
1. The defendant/Father is Matthew D. Cataline, an adult individual presently on active
military duty and residing at Troop. L, 5th Squadron, 15th Calvary Regiment, 3576 Wilson Road,
Ft. Knox, KY 40121-5728.
2. The plaintiff/Mother is Katherine M. Cataline, an adult individual residing at 6758 Lehigh
Avenue, Harrisburg, PA 17111.
3. The parties are the natural parents of two minor children, namely:
Name Present esid n DOB
Andreanna P. Cataline 6758 Lehigh Avenue 6/23/92
Harrisburg, PA 17111 (age 14)
Gabriela M. Cataline same as above 12/21/94
(age 11)
4. Mother retains primary custody of the children, however they resided with both parties
prior to their divorce by Order of June 1, 1998, at Knoxville, Tennessee, which Order granted
primary custody of the children to Mother, but Father has been afforded joint legal custody of the
children with temporary periods of physical custody. A true and correct copy of the June 1, 1998,
Chancery Court Order of Knox County, Tennessee, is attached hereto as Exhibit A.
5. On or around August 8, 1999, Mother filed a petition to modify custody and for
emergency special relief.
6. On August 4, 1999, the Chancery Court for Knox County, Tennessee relinquished
jurisdiction to the Court of Common Pleas, Cumberland county, as Fathers residence was moved
from Tennessee. A true and correct copy of the August 4, 1999, Order is attached hereto as
Exhibit B.
7. Father believes that Mother has sought to alienate the children from the love and affection
of Father as well as to impede Father's periods of physical custody.
8. The existing orders do not specifically address future summer schedules or holiday
schedules.
9. Father contacted Mother and sought an agreement for a period of summer visitation in
accordance with the previous practices of the parties, which had afforded Father the majority of
time during the summer vacations.
10. Mother indicated that the children did not want to come to see Father for an extended
period of time and only after Father sought the assistance of counsel, did Mother permit the
children to travel to see Father, from July 15, 2006 with an anticipated return date of July 30, 2006,
and with all travel costs associated with the visit to be borne by Father.
11. Due to concerns over the mental and emotional welfare of the patties' older daughter,
Andreanna, Father has filed a petition for special relief contemporaneously with the filing of the
instant petition seeking primary custody of that child.
12. Father files the instant petition seeking a modification of this Court's Order of August 4,
1999, which incorporated the prior Order from Knox County, Tennessee as follows:
a. Father seeks primary physical custody of Andreanna Cataline.
b. Father seeks specified periods of partial physical custody of Gabriela Cataline for two
months during each summer, and for one week during the Christmas holiday.
c. Father and Mother would shared the cost of transportation of Gabriela equally.
13. Father avers that the basis for his actions concerning his children is solely motivated by his
concern for the children's best interests and permanent welfare.
14. Because of the above, Father believes it is the eldest daughter's, Andreanna P. Cataline,
best interests that he be awarded primary physical and shared legal custody of Andreanna, which
the Court is authorized to grant.
15. Defendant requests that the Court schedule an expedited conciliation conference as this
petition modification of custody in the best interests of the children, and that the concerns are of
an extremely time-sensitive nature.
WHEREFORE, Defendant, Matthew D. Cataline, respectfully requests that the Court modify the
existing custody order and award him primary physical and shared legal custody of Andreanna P.
Cataline, grant him periods of partial physical custody with his younger daughter, Gabriela M. Cataline,
for two months during each summer, and for one week each Christmas holiday and to issue an Corder
scheduling an expedited conciliation conference in the above matter, along with any other relief the
Court may deem appropriate.
Respectfully submitted,
WOLF &
Dated: J , 2006
10
?A 17013
Court I.D. No. 87380
(717) 241-4436
Attorney for Defendant
VERIFICATION
I, the undersigned counsel for Defendant, do hereby verify that the facts set forth in this
petition are true and correct to the best of my information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.CS. Section 4904, relating to unswom
falsification to authorities.
July E2006
FROM : KARN+ Uni-I. 7TEER FIRE DEPT. FFV No. : 95S 091 1M Nw, 10 2004 06:V"Vi PIS
AUG 2 51996
UQHN F, WAVER
IN THE CHANCERY COURT FOR KNOX COUNTY, TENNESSEE
MATTHEW DARWIN CATALINE
Plaintiff
vs.
KATHERINE MARIE CATALINE
Defendant
NO. 134715-2
NOTICE OF ENTRY
REQDIRID
??V
ORDER
This cause came on to be heard on the list day of June, 1998, before the
Honorable Chancellor H. David Cate, sitting for the Chancery Court for Knox
County, Tennessee, upon the entire record herein; the matter being called on the
docket, the parties announced to the Court that they had reached an agreement;
it appearing to the Court that said agreement was fair and reasonable, the Court
does hereby ORDER, ADJUDGE AND DECREE AS FOLLOWS:
1. The parties' are hereby granted an absolute divorce one from the
other upon stipulated grounds pursuant to T.C.A. 364-129. The Court does
hereby declare the parties divorced pursuard to the statute.
2. Th a Plaintiff Is tartaric in hrs cliild'supporf`obliga((on lfirougfi June 1,
1998, by his last payment of $250.00 (two hundred and fifty dollars) to Defendant
by money order mailed prior to this hearing.
3. The marital residence shall be sold with both parties cooperating in
the sale of the same. In the event the house cannot be sold prior to a foreclosure,
the Plaintiff shall be responsible for any deficiency balance left after said
foreclosure.: and shalLhold..Defendant harnless.thereon.-Both parties shall
cooperate in the fullest in selling said residence. In the unlikely event that there is
a profit from the sale of the residence, all proceeds shall be the property of the
Plaintiff. However, the Plaintiff shall apply any profit proceeds to his Sears
indebtedness, which is a joint indebtedness with Defendant. In the event there Is
any profit proceeds left after paying that Sears bill in full, said proceeds shall be
the sole property of Plaintiff.
4. June 1998 through February 1,999, the Plaintiff shall pay the
Defendant the sum of $200.00 (two hundred dollars) per month as and for his
monthly child support obligation. Commencing March 1999, the Plaintiffs child
support obligation shall be $500.00 (rive hundred dollars) per month and shall be
paid through the Registry of the Court with the Plaintiff to be responsible over and
cx h'l bf 4
FROM : KnFtr krLONTEER FIFE LEFT.
II
FRX NO. : 9;5 691 1333 Nw. le MU ee OM. 1 F16
above said $500.00 (five hundred dollar) payment a $25.00 (twenty-five dollar)
disbursing fee. Said child support shall be paid by wage assignment to the
Plaintiffs employer as follows: Services Group Incorporated, 116 Sherway Road,
Knoxville, Tennessee 37922. Said wage assignment shall not begin until March
1, 1999.
5. . The parties shall. share joint legal custody of their two minor children
with the Defendant to be the primary residential custodian of said children.
6. So long as Plaintiff is a resident of the State of Tennessee, and to
the maximum extent permitted by law, Knox County Chancery Court shall
continue jurisdiction over these parties and their children. During summer 1996,
the Plaintiff shall have visitation with the minor children August 1st through
August 15th for two weeks, July 5th through July 18th for two weeks, and Noon
on June 9th through June 20th. Unless the parties agree to the contrary, 1:00 p.m.
will be the time for pick-up and delivery of the minor children. The receiving party
shall be responsible for providing the transportation for each exchange. Summer
2000 the Plaintiff shall have the minor children for visitation their entire summer
break from school except for the first week after school lets out and the week
before school beginsAn he event Defendant loses her daycare subsidy paid by
the State of Pennsylvania, for some reason other than prolonged absence, then in
that event, the Plaintiff shall have the entire summer of 1999 except for the first
week after school is out and the week before school begins.
7. The Plaintiff shall have the some contemporaneous weeks visitation
the summer of 1999 as he has for the summer of 1996 set-out hereinabove
unless a way can be found around the Defendant losing her childcare subsidy.
Any issue as to summer 1999 visitation is left open to be re-litigated, in the event
the Plaintiff desires to do so and files a Petition with proper notice and hearing to
do so.
8. The parties shall rotate Christmas and Thanksgiving between them
as follows: Plaintiff shall have the entire Christmas holiday the children are out of
school in the even years with Defendant to have the entire Christmas holiday the
children are out of school in the odd years. The Plaintiff shall have the entire
Thanksgiving holiday the children are out of school in the odd years and the
Defendant shall have the entire Thanksgiving holiday the children are out of
school in the even years. The 1:00 p.m. exchange time will still apply unless the
parties agree otherwise in writing. In addition, the Plaintiff shall have visitation
Frn1 : Y.P?r, VOutITEER FIRE DEPT
FR`; lq, E1E.5 f-?? ]:533 tY-- le MW nomiAm P17
any weekond that he desires to visit his children in Pennsylvania during the
summer or during the school period either one, so long as he gives at least three
days notice to Defendant and so long as he visits in the county, or any contiguous
county, in which the children reside. Fora weekend visitation, the Plaintiff shall
give the Defendant notice no later than Tuesday at 1:00 p.m. previous to the
visitation. .Christmas . holiday shall run from 1:00 p.m. on the day school lets out in
the children's school district until 1:00 . onthe da
p m y prior to school resuming.
9. Defendant shall be responsible for and pay the Discover card
balance and hold Plaintiff harmless thereon. The Plaintiff shall be responsible for
and pay the Sears card balance and hold the Defendant harmless thereon.
10. Each party shall have their own vehicle and be responsible for and
pay any indebtedness owed thereon and hold the other harmless thereon.
11. In the event the parties file an amended tax return for 1997,
Defendant shall claim the children as a deduction for tax purposes with the
Plaintiff to claim any house interest as a deduction for tax purposes. However,
commencing 1998, the parties shall share the deduction on the children with the
Defendant to have the younger minor child as a deduction and the Plaintiff to
have the older minor child as deduction. -
12. This is a final judgment pursuant to Rule 54 of the Tennessee Rules
of Civil Procedure as to all the issues the parties have agreed on: except,
however as to the Issue of visitation summer 1999, as reserved in Paragraph (7)
above.
13. In no event, shall the Plaintiff have less than the five weeks for
summer 1999 running contemporaneously with the five weeks set-out
herematiiiUe iri era _ . _
P 9raph?(6)forsummer1998:
14. Each party will make the children avallable for telephone visitation
each Monday and Wednesday between the hours of 7:00 and 8:00 p.m. If for
some reason the custodial parent is not at home with the children, then the
children will initiate the phone call themselves from wherever they may be to the
non-custodial parent.
15. The parties shall equally divide the Court costs with one-half of the
bill of costs being mailed to the Plaintiff at:
+221 Angola Rd., Rno"ille, TN 37921 , and the other
half being mailed to the Defendant, Katherine Catalina at: 5078 Pajabon Dr., Apt.
102, Harrison, PA 17111, for all of which let execution issue if necessary.
FROM : KO-r V%LHTEER FIRE DEPT. FAX Nn. : RES C- 1-," III 2a09 aat02AM Fla
I I ?
THIS the ZSra day of a- ,-A
, 1998.
-
CHANCELLOR
APPROVED BY: w
Y,`??Y.?W?'V.nMwNWVY\ ? --??RCt1R:(J..ry-,??Ca,?Qh
MIKE A. HICKMAN q
Attorney for Defendant
250 E. Broadway, Suite 106
Maryville, TN 37804
(42i) 989-0111 , ??: <^,
612 S. Gay Street UWMILd a Truu Copy
Knoxville, TN 37902
(423) 522-8767 C orx and M star?C?
FROM YARNS I-nLUNTEER FIRE . T. FRX Nn. : R55 591 1337. Nov. 10 20x4 0R:04AM P21
KATHERINE M. CATALINE, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
MATTHEW D. CATALINE,
Defendant/Respondent NO. 99-4162 CIVIL TERM
ORDER OF COURT
AND NOW, this 4th day of August, 1999, following a
hearing, IT Is ORDERED that Andreanna and Gabriela Cataline
shall be returned to their mother this date for £he remaind'e
of the summer. Pending any further order in any action brought
in this court, based on the current jurisdiction of this court,
that would change the existing court order entered on June 1,
1998, in the Chancery Court of Knox County, Tennessee, except
for this summer that order shall remain in full force and
effect.
Charles Rector, Esquire
1104 FernWOod Avenue, Ste. 20:
Camp Hill, PA 17011
For Plaintiff
Matthew D. Cataline, pro se
96 Harrison Hill Road
Swannanoa, N.C. 28778
Sheriff TRUE COPY FROM RECORD
prs In Tesfn:oily •'imreof, I hore into set my hand
and the seal of said Court at Carlisle, Pa.
1911-
-This .FC..... day
A , Prothonotary
EIA I It 8
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 97380
10 WEST HIGH STREET
CARLISLE PA 17013
(717)741 4436
ATTORNEY FOR DEFENDANT
KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION -LAW
: NO. 99-4162 CIVIL
MATTHEW D. CATALINE,
Defendant : IN CUSTODY
CERTIFICATE OF SRRVI
I, Nathan C. Wolf, Esquire, attorney for Defendant, Matthew D. Catake, hereby certify-that I
caused to be mailed, this date, by U. S. Mail, a copy of the foregoing Petition to Modify Custody to:
Charles Rector, Esquire
1104 Fernwood Avenue, Suite 203
Camp Hill, PA 17011
Counsel for Plaintiff
Date: JulXgy, 2006
?. J
rl)
"1 J
KATHERINE M. CATALINE,
Plaintiff/Petitioner
V.
MATTHEW D. CATALINE,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ?',-N - y I Uoa
CIVIL ACTION - LAW
IN CUSTODY
PETITION TO DOMESTICATE AND MODIFY ORDER OF
CUSTODYAND FOR EMERGENCY
SPECIAL RELIEF PURSUANT TO PENNSYLVANIA
RULE OF CIVIL PROCEDURE 1915.13
AND NOW, comes the Plaintiff/Petitioner, Katherine Cataline, by and through her
attorney, Charles Rector, Esquire, and files the within Petition to Domesticate and to
Modify Order of Custody and for Emergency Relief, and in support thereof, avers the
following:
Petitioner is Katherine Cataline, mother, who currently resides at 240
Mooredale Road, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Respondent is Matthew D. Cataline, father, who currently resides in North
Carolina but whose address is unknown. Respondent is currently employed at ISS
Technologies, 22 Business Park Circle, Asheville, North Caroline, 28704.
3. The parties hereto are the parents of the following minor children:
Andreanna P. Cataline (DOB 6123/92) and Gabriela M. Cataline (DOB 12121/94).
4. Petitioner and her two (2) minor children have resided in Central
Pennsylvania for approximately two (2) years.
5. On June 1, 1998, the parties were formally divorced in the Chancery
Court for Knox County, Tennessee, which Order granted Petitioner inter i primary
physical custody of her two (2) children and Respondent with periods of temporary
physical custody (See Exhibit "A" attached, and hereinafter described as "the Tennessee
Order").
6. In addition, the Tennessee Order provides, in pertinent part that:
"So long as Plaintiff [father] is a resident of the State of Tennessee, and
to the maximum extent permitted by law, Knox County Chancery Court
shall continue jurisdiction over these parties and their children....."
7. The Tennessee Order further provides that:
"The Plaintiff [father] shall have the same contemporaneous weeks
visitation the summer of 1999 as he has for the summer of 1998 set-out
hereinabove unless a way can be found around the Defendant losing her
childcare subsidy. Any issue as to summer 1999 visitation is left open to
be re-litigated in the event the Plaintiff desires to do so and files a
Petition with proper notice and hearing to do so."
8. Respondent, father, is no longer a resident of the State of Tennessee.
9. Your Honorable Court maintains jurisdiction over the disposition of this
custody matter pursuant to the Uniform Child Custody Jurisdiction Act' (hereinafter the
"Act"). Pennsylvania has been the "home state" of the mother and children and
continues to be their "home state" and has been their "home state" for at least six (6)
consecutive months preceding this request for modification.2
10. The Act is not a reciprocal law and is fully operative regardless of the
status of the Act in any other jurisdiction.3
11. Respondent relocated to whereabouts unknown in the State of North
Carolina, on or about February of 1999.
12. On or about Saturday, June 19, 1999, and consistent with the Tennessee
Order, Respondent picked up the minor children at Petitioner's residence in Carlisle,
'23 Pa.C.S.A. § 5341, et. seq.
2 23 Pa.C.S.A. § 5344 (c)
3 Hattoum v Hattoum, 295 Pa.Super 169, 441 A2d 403 (1982).
Cumberland County, Pennsylvania, for a scheduled one (1) week period of temporary
physical custody lasting until Sunday, June 27, 1999.
13. Petitioner agreed to pick up the children at Respondent's residence in
North Carolina on Sunday, June 27, 1999. Respondent provided directions to a location
near his residence. Respondent was in the presence of Tonya LNU (last name
unknown), Respondent's unidentified confederate at the time he picked up the children.
14. On Saturday, June 26, 1999, Respondent left a voice message on
Petitioner's telephone and letter received on June 23, 1999, advising her that he would
not be providing the children to her as scheduled.
15. Since that phone message, Respondent has:
(a) Refused to disclose his current whereabouts and the whereabouts
of the children;
(b) Refused to provide a home telephone number and communicates
with Petitioner only by cellular phone; and
(c) Has otherwise advised Petitioner that he is keeping the children for
the entire summer and intends on litigating the matter in the
Chancery Court for Knox County, Tennessee, despite living at
whereabouts unknown in the State of North Carolina.
16. Petitioner believes and therefore avers that her minor daughters are not
permitted to use the telephone to contact her and, in fact, have not done so and have
not been able to identify their whereabouts to her.
17. Respondent previously deprived Petitioner of her minor children for a
period of three (3) months in violation of the Tennessee Order of custody which matter
was litigated in Tennessee at a time when that state maintained jurisdiction over this
matter.
18. Petitioner is gravely concerned about her daughters' welfare and their
immediate care, comfort and protection.
19. The minor child, Gabriela M. Cataline, is currently enrolled in summertime
speech therapy at the Capital Area Intermediate Unit and was previously scheduled to
have her tonsils removed this summer. The child was also scheduled for a hearing
exam to further clarify the extent of her speech and hearing disabilities (see Exhibits "B"
and "C" attached).
20. Petitioner has retained the services of Michael Hickman, Esquire, whose
law offices are located at 250 E. Broadway, Suite 106, Maryville, Tennessee, 37804.
Petitioner's Tennessee counsel has filed a Petition for Contempt against Respondent,
based upon the above circumstances, which Petition is scheduled to be heard on July
26, 1999.
21. Petitioner believes, and therefore avers, that Respondent may appear at
said hearing, pro se, and attempt to modify the Tennessee Order at that time (See
Exhibit "D" attached).
22. Michael Hickman, Esquire, is prepared to personally serve a copy of Your
Honorable Court's Order, if granted, upon Respondent at said hearing, to domesticate
said order in Tennessee, and to otherwise contest the jurisdiction of the Tennessee
Court to hear any aspect of the custody case.
23. The State of Tennessee no longer exercises jurisdiction over this matter.
The Tennessee Order provides that:
"Any issue as to summer 1999 visitation is left open to be relitigated,
in the event the Plaintiff desires to do so and files a Petition with
proper notice and hearing to do so."
24. Respondent has at no time filed a formal petition with Your Honorable
Court to amend the current custody order and continues to obstruct Petitioner's custody
rights and to otherwise attempt to thwart Petitioner's custodial rights by attempting to
litigate custody issues in an inappropriate forum.
25. Petitioner requests therefore that Respondent be ordered to immediately
return the minor children to her care and custody and that Respondent's rights under the
Tennessee Order be suspended pending a hearing on these matters.
WHEREFORE, Petitioner respectfully requests that Your Honorable Court
assume jurisdiction of this custody matter and recognize the Tennessee Order as
domesticated within this jurisdiction, and otherwise Order the immediate return of the
minor children of the parties to the mother , to suspend Respondent's rights to custody
pending further Order of this Court, and for such other relief as the Court may deem just
and appropriate. //-?
Date: f
1104 Fernwoo¢'Aven
Camp Hill, PA 17011
(717) 761-8101
Ste. 203
12
I verify that the statements made herein are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
K Seine M. Cataline
Date:-7 C/?1
i:SW, U LSUUL ,
AUG 2 51998
UQHN F. WEAVER
'7 4 2 - 500
IN THE CHANCERY COURT FOR KNOX COUNTY. TENNESSEE
EXHIBIT
MATTHEW DARWIN CATALINE
Plaintiff
vs.
KATHERINE MARIE CATALINE
Defendant
ORDER
NO. 134715-2
NOTICE OF ENTRY
REQUIRED
?G1
This cause came on to be heard on the 1st day of June, 1998, before the
Honorable Chancellor H. David Cate, sitting for the Chancery Court for Knox
County, Tennessee, upon the entire record herein; the matter being called on the
docket, the parties announced to the Court that they had reached an agreement;
it appearing to the Court that said agreement was fair and reasonable, the Court
does hereby ORDER, ADJUDGE AND DECREE AS FOLLOWS:
1. The parties' are hereby granted an absolute divorce one from the
other upon stipulated grounds pursuant to T.C.A. 36-4-129. The Court does
hereby declare the parties divorced pursuant to the statute.
2. The Plaintiff is current in his child support obligation through June 1,
1998, by his last payment of $250.00 (two hundred and fifty dollars) to Defendant
by money order mailed prior to this hearing.
3. The marital residence shall be sold with both parties cooperating in
the sale of the same. In the event the house cannot be sold prior to a foreclosure,
the Plaintiff shall be responsible for any deficiency balance left after said
foreclosure and shall hold Defendant harmless thereon. Both parties shall
cooperate in the fullest in selling said residence. In the unlikely event that there is
a profit from the sale of the residence, all proceeds shall be the property of the
Plaintiff. However, the Plaintiff shall apply any profit proceeds to his Sears
indebtedness, which is a joint indebtedness with Defendant. In the event there is
any profit proceeds left after paying that Sears bill in full, said proceeds shall be
the sole property of Plaintiff.
4. June 1998 through February 1999, the Plaintiff shall pay the
Defendant the sum of $200.00 (two hundred dollars) per month as and for his
monthly child support obligation. Commencing March 1999, the Plaintiffs child
support obligation shall be $500.00 (five hundred dollars) per month and shall be
paid through the Registry of the Court with the Plaintiff to be responsible over and
above said $500.00 (five hundred dollar) payment a $25.00 (twenty-five dollar)
disbursing fee. Said child support shall be paid by wage assignment to the
Plaintiffs employer as follows: Services Group Incorporated, 116 Sherway Road,
Knoxville, Tennessee 37922. Said wage assignment shall not begin until March
1, 1999.
5. The parties shall share joint legal custody of their two minor children
with the Defendant to be the primary residential custodian of said children.
6. So long as Plaintiff is a resident of the State of Tennessee, and to
the maximum extent permitted by law, Knox County Chancery Court shall
continue jurisdiction over these parties and their children. During summer 1998,
the Plaintiff shall have visitation with the minor children August 1st through
August 15th for two weeks, July 5th through July 18th for two weeks, and Noon
on June 9th through June 20th. Unless the parties agree to the contrary, 1:00 p.m.
will be the time for pick-up and delivery of the minor children. The receiving party
shall be responsible for providing the transportation for each exchange. Summer
2000 the Plaintiff shall have the minor children for visitation their entire summer
break from school except for the first week after school lets out and the week
before school begins. In the event Defendant loses her daycare subsidy paid by
the State of Pennsylvania, for some reason other than prolonged absence, then in
that event, the Plaintiff shall have the entire summer of 1999 except for the first
week after school is out and the week before school begins.
7. The Plaintiff shall have the same contemporaneous weeks visitation
the summer of 1999 as he has for the summer of 1998 set-out hereinabove
unless a way can be found around the Defendant losing her childcare subsidy.
Any issue as to summer 1999 visitation is left open to be re-litigated, in the event
the Plaintiff desires to do so and files a Petition with proper notice and hearing to
do so.
8. The parties shall rotate Christmas and Thanksgiving between them
as follows: Plaintiff shall have the entire Christmas holiday the children are out of
school in the even years with Defendant to have the entire Christmas holiday the
children are out of school in the odd years. The Plaintiff shall have the entire
Thanksgiving holiday the children are out of school in the odd years and the
Defendant shall have the entire Thanksgiving holiday the children are out of
school in the even years. The 1:00 p.m. exchange time will still apply unless the
parties agree otherwise in writing. In addition, the Plaintiff shall have visitation
any weekend that he desires to visit his children in Pennsylvania during the
summer or during the school period either one, so long as he gives at least three
days notice to Defendant and so long as he visits in the county, or any contiguous
county, in which the children reside. For a weekend visitation, the Plaintiff shal
give the Defendant notice no later than Tuesday at 1:00 p.m. previous to the
visitation. Christmas holiday shall run from 1:00 p.m. on the day school lets out Ir
the children's school district until 1:00 p.m. on the day prior to school resuming.
9. Defendant shall be responsible for and pay the Discover card
balance and hold Plaintiff harmless thereon. The Plaintiff shall be responsible for
and pay the Sears card balance and hold the Defendant harmless thereon.
10. Each party shall have their own vehicle and be responsible for and
pay any indebtedness owed thereon and hold the other harmless thereon.
.11. In the event the parties file an amended tax return for 1997,
Defendant shall claim the children as a deduction for tax purposes with the
Plaintiff to claim any house interest as a deduction for tax purposes. However,
commencing 1998, the parties shall share the deduction on the children with the
Defendant to have the younger minor child as a deduction and the Plaintiff to
have the older minor child as deduction.
12. This is a final judgment pursuant to Rule 54 of the Tennessee Rules
of Civil Procedure as to all the issues the parties have agreed on; except,
however as to the issue of visitation summer 1999, as reserved in Paragraph (7)
above.
13. In no event, shall the Plaintiff have less than the five weeks for
summer 1999 running contemporaneously with the five weeks set-out
hereinabove in paragraph (6) for summer 1998.
14. Each party will make the children available for telephone visitation
each Monday and Wednesday between the hours of 7:00 and 8:00 p.m. If for
some reason the custodial parent is not at home with the children, then the
children will initiate the phone call themselves from wherever they may be to the
non-custodial parent.
15. The parties shall equally divide the Court costs with one-half of the
bill of costs being mailed to the Plaintiff at:
4221 Angola Rd., Knoxville, TN 37921 , and the other
half being mailed to the Defendant , Katherine Cataline at: 5078 Pajabon Dr., Apt.
102, Harrison, PA 17111, for all of which let execution issue if necessary.
THIS the ZSr, day of '1998.
11. C P 0,0-
CHANCELLOR
f OFD'
APPROVED BY: « ^ ';
/1V VV?iX_\N?R-1?AN?,?UV?
MIKE A. HICKMAN
Attorney for Defendant
250 E. Broadway, Suite 106
Maryville, TN 37804
(423) 984-0111
612 S. Gay Street
Knoxville, TN 37902
(423) 522-8767
_1Jmuap[c/. ?1 /kva,
o<y,ny Q:rp
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0/10711999 08:41 7177826408 SPEECH AND HEARING PACE 02
POLYCLOOC N06NTAC ,
5501 N. 3rd Srce1
Vaftn. PA 17110-2M
PINNACLEHEALTH
July 6, 1999
Mrs. Katherine Cataline
240 Mooredele Road
Carlisle, PA 17013
Dear Mrs. Catalina and Mr. Arbegast:
Ygur daughter, Gabriella Cataline, was initially diagnosed by Suzanne Humes, Speech
Pathologist A Pinnacle Health at Harrisburg Hospital on 5-26-98, as having poor speech
intelligibility due to phonological processing errors. At that time, receptive and expressive
language was developing within normal limits. Speech therapy was begun on 11-18-98, at
Pinnacle Health at Polyclinic Hospital, by the undersigned. Because of suspected expressive
syntax errors, further testing was done, revealing a moderate expressive syntax delay, in
addition to the speech disorder.
Gabriella has been receiving weekly speech/language therapy since 11-18-98 until 6-9-98, and
has shown good improvement in her speech and expressive syntax. She had been expected to
continue with therapy during the summer, then enter into a Capital Area Intermediate Unit
language program in Carlisle in September 1999, situated in the same building as her daycare.
It is important that Gabriella continue in speect0anguage therapy, as she has shown good
improvement in her communication skills thus far, with a prognosis for greater improvement
w1th further therapy. Continuity of therapy is essential to maintain present skills and to prevent
regression of her speech and language.
If any further information is needed, please contact me at 782-4350.
Sincerely,
?J
Cynthia otas, . ., CCC/SLP
Speech-Language Pathologist
f EXHIBIT
VV ""U nn I1nIL wry rHx FAX NO 7177328414 P. 02/02
. I . • . . , . C I , .
OINIIAN OIATION111 Serving School Districts in Dauphin, Cumberland, Perry, and Northern York Counties
School Programs and Services - 55 Miller Street - P.O. Box 489 • Summerdale, PA 17093-0489
Phone 717.732-8400; Fax 717.732-8414; TDD 717.732.8422
July 7, 1999
Catherine Cataline
240 Mooredale Rd.
Carlisle, Pa. 17013
Gabricla Cataline (Data of Birth 12/21194) qualities for speech and language therapy and
is in need of a hearing evaluation. She is entitled to these services under Pa. Department
of Education guidelines and needs to have her hearing evaluated as soon as possible so
she may start receiving speech therapy in August. These services will be provided by
The Capital Area Intermediate Unit.
Carol Shale
Preschool Assessment Coordinator
An Equal ODDVW11y EmDIoyar -
EXHIBIT
KATHERINE M. CATALINE,
Plaintiff/Petitioner
V.
MATTHEW D. CATALINE,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9? - y/62
CIVIL ACTION - LAW
IN CUSTODY
AND NOW, this /0 day of 1999, upon consideration of
the within Petition To Domesticate and Modify Custody Order and For Emergency
Special Relief Pursuant To Pennsylvania Rule Of Civil Procedure 1915.13, it is hereby
ORDERED and DIRECTED that:
a. This Court exercises jurisdiction over this matter pursuant to the Uniform
Child Custody Jurisdiction Act';
b. Respondent, Matthew D. Cataline, is hereby Ordered and Directed to
immediately return to the care and custody of Petitioner, Katherine M.
Cataline, the minor children, Andreanna P. Cataline (DOB 6/23/92) and
Gabriela M. Cataline (DOB 12/21/94). Respondent's rights to custody are
hereby suspended on an interim basis pending further Order of Court;
and
C. A hearing on said Petition is hereby sch-Juled for the GA&v of
1999, at of -> o'clock, in Courtroom # of the
Cumberland County Courthouse, Carlisle, Pennsylvania. The
Cumberland County Custody Conciliation process is waived pending
further Order of Court.
BY TW COURT
a
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23 Pa.C.S.A. § 5341, et. seq. ' I C?/?- d"?yc,ma{ vl? /f
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KATHERINE M. CATALINE, IN THE COURT OF COMMON PLEAS OF
PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA
V.
MATTHEW D. CATALINE,
RESPONDENT 99-4162 CIVIL
ORDER OF COURT
AND NOW, this 215' day of July, 1999, upon relation by Matthew D. Cataline
and his commanding officer that he is on a two-week period of active military reserve
duty through July 31, 1999, the hearing scheduled for July 23, 1999, IS CANCELLED.
The hearing shall be conducted in Courtroom Number 2, Cumberland County
Courthouse, Carlisle, Pennsylvania, on Wednesday, August 4, 1999, at 8:45 a.m.
By the Court,
Edgar B. ay ey, J.
Charles Rector, Esquire
For Petitioner
Matthew D. Cataline, Pro se
ISS Technologies
22 Business Park Circle
Asheville, NC 28704
Respondent
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AFFIDAVIT OF SERVICE
Commonwealth of Pennsylvania County of Cumberland
Case Number: 99-4162 Court Date: 7/23/1999
Plaintiff:
Katherine M. Cateline
VS.
Defendant:
Matthew D. Cateline
For:
Mike Hickman
Reed & Hickman
250 East Broadway
Suite 106
Maryville TN 37801
Common Pleas Court
Received by BLOUNT PROCESS SERVICE on the 20th day of July, 1999 at 6:00 pm to be served on
MATTHEW D. CATELINE, C/O ISS Technologies, K's Business Park, #22, Ashville, NC.
I, Larry Higgins, being duly swom, depose and say that on the 21st day of July, 1999, at 9:45 am, I:
Substitute Served by leaving a true copy of this Petition & Order with the date and hour of service endorsed
thereon by me, at the within named person's usual place of business, to a person employed therein to wit: Brian
Feld as Manager and informing said person of the contents thereof.
I certify that I am over the age of 18, have no interest in the above action, and am a Special Process Server in
good standing in the county in which the process was served.
Subscribed and Sworn to before me on the 21st
day of July, 1999 by the affiant who is personally
known to me.
NOTARY PUBLIC ((??
My commission expires
BLOUNT PROCESS SERVICE
P.O. Box 174
Alcoa, TN 37701
(423) 977-8110
Our Job Serial Number: 99000200
Co"nght 0 1998 Database Services, Inc. - Process Servees Toolbox VS. tj
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AFFIDAVIT OF SERVICE
Commonwealth of Pennsylvania County of Cumberland Common Pleas Court
Case Number: 99-4162 Court Date: 7/23/1999
Plaintiff:
Katherine M. Catalina
vs.
Defendant:
Matthew 0. Cateline
For:
Mike Hickman
Reed & Hickman
250 East Broadway
Suite 106
Maryville TN 37801
Received by BLOUNT PROCESS SERVICE on the 20th day of July, 1999 at 6:00 pm to be served on
MATTHEW D. CATELINE, 482 Windswept Drive, Asheville, NC 28801.
I, Larry Higgins, being duly swom, depose and say that on the 21st day of July, 1999, at 11:05 am, I:
Substitute Served by leaving a true copy of this Petition & Order with the date and hour of service endorsed
thereon by me, at the within named person's usual place of abode, to a person residing therein who is 15 years
of age or older to wit: Sheila Brooks and informing said person of the contents thereof.
Comments pertaining to this Service:
Attempted service on Matthew Cateline at his last known residence, 482 Windswept Drive, Asheville, NC.
Papers were accepted by Sheila Brooks, who stated she knew what the papers were about and ensured me
that she would get them to Mr. Cateline.
I certify that I am over the age of 18, have no interest in the above action, and am a Special Process Server in
good standing in the county in which the process was served.
Subscribed and Swom to before me on the 21st
day of July, 1999 by the affiant who is personally
known to me. I
NOTARY PUBLIC
My commission expires ?\ ^o
Our Job Serial Number: 99000200
C pynght O 1998 Oaf base Somm, Inc. - Process SB"e s Toolbox V5.tj
BLOUNT PROCESS SERVICE
P.O. Box 174
Alcoa, TN 37701
(423) 977-8110
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KATHERINE M. CATALINE,
Plaintiff/Petitioner
V.
MATTHEW D. CATALINE,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4162 CIVIL TERM
ORDER OF COURT
AND NOW, this 4th day of August, 1999, following a
hearing, IT IS ORDERED that Andreanna and Gabriela Cataline
shall be returned to their mother this date for the remainder
of the summer. Pending any further order in any action brought
in this court, based on the current jurisdiction of this court,
that would change the existing court order entered on June 1,
1998, in the Chancery Court of Knox County, Tennessee, except
for this summer that order shall remain in full force and
effect.
By the Courtl
(,
Edgar B. Ba , J.
Charles Rector, Esquire
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011
For Plaintiff
Matthew D. Cataline, pro se
96 Harrison Hill Road
Swannanoa, N.C. 28778
Sheriff
prs
AUG2419
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW DARWIN CATALINE, )
Plaintiff., )
vs. ) NO. 99-4162
KATHERINE MARIE CATALINE, )
Defendant, )
CONTEMPT OF COURT
Comes the plaintiff, Matthew Cataline and states that, in September, two weeks prior
to Labor Day the Plaintiff requested desire to visit with his children and the defendant
refused to allow it. According to the Divorce decree, paragraph 8 states that as long as
he give notice three days prior by 1:00 p.m. he shall have visitation any weekend he
desires. the defendant clearly denied it. The defendant has also denied numerous phone
visitations on the days that she appointed in the court order, Monday and Wednesday
from 7:00 to 8:00 p.m., by not being there and not having the children initiate the calls
when they were not home. Also, the defendant denied Christmas visitation this past year
of 1998.
THE PLAINTIFF PRAYS THAT
A. The court would hear these contempt's
B. The court would award the Plaintiff Christmas visitation for the year of 1999
C. The court would hold the defendant responsible for the court costs
This?day of August, 1999
JhbewD.Ca aline
96 Harrison Hill Rd
Swannanoa, NC 28778
(828) 606-9018
IN COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW DARWIN CATALINE, )
Plaintiff, )
vs. ) NO. 99-4162
KATHERINE MARIE CATALINE, )
Defendant, )
DENIAL OF RIGHTS OF JOINT CUSTODY
Comes the plaintiff, Matthew Cataline and states that the defendant has denied the
plaintiff information that he is entitled to such as ;
A. Information as to the school which the children are attending.
B. Information as to medical records for the children.
THE PLAINTIFF PRAYS THAT
1. The court order the defendant to provide the plaintiff with this information.
This---day of August, 1999
l
hew D Ca line
96 Harrison Hill Rd
Swannanoa, NC 28778
(828) 606-9018
CERTIFICATE OF SERVICE
I hereby certify that a true and exact copy of the following has been served to all parties in this cause,
either hand delivered or through the U. S. Postal Service with correct postage attached at their last know
postal address.
This the 22 of A, 1999.
atthew D. Catal e
CC: Charles Rector, Esquire
Katherine M. Cataline
Court of Common Pleas
7-i { 1
V
OD <
August 16, 1999
Edgar B. Bayley
Judge
I Courthouse Square
Carlisle, PA 17013-3387
Your Honor,
Pleas find enclosed several fifing that I wisb the court to hear. Also enclosed are duplicates of the filings
that I am requesting be sent back to me in the self addressed stamped envelope with the date and time stamp
of the filing from the court. Thank you for your time in this matter.
Sincerely,
r
atthew D. Cataline
96 Harrison Hill Rd.
Swannanoa, NC 28778
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
CIVIL ACTION LAW
Defendant : NO. y ?c? CIVIL 19 q9
CUSTODY VISITATION
ORDER OF COURT
And now, this ?61CR, upon consideration of the attached com?I int, it is hereby directed
that the above parties and their respective counsel appear before *M C hGP ?-. ?1a5
Esquire, the conciliator at U 1 i 1
Pennsylvania, on the_ day of ?C 1999, at V-)'Ck-)_ A. ./ 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 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:
By: 1l.A)? rnCj1'j rn4A
Custody Conciliator l
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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
/,?-7? 44?2 v?/ ?C--,
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MATTHEW DARWIN CATALINE,
Plaintiff
Vs.
KATHERINE MARIE CATALINE,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-4162 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY/VISITATION
ORDER
AND NOW, this _1 S day of , 1999,
upon review of the Conciliator's Report, it appearing that the
Mother and her counsel appeared but the Father, who filed the
Petition, did not appear, it is hereby ordered and directed as
follows:
1. The contempt petition filed by Father is DISMISSED.
BY THE COURT, A/ O
Matthew Darwin Cataline, pro se
Charles Rector, Esquire
Attorney for Defendant
EDGAR B. BAW.F,lr,? J.
C??ev rri?axL?ne?, ? ill N?9 Y .
,d • Y'
mlb
MATTHEW DARWIN CATALINE,
Plaintiff
V5.
KATHERINE MARIE CATALINE,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-4162 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY/VISITATION
JUDGE PREVIOUSLY ASSIGNED: The Honorable Edgar B. Bayley
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), 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 BIRTHDATE CURRENTLY IN
CUSTODY OF
Andreanna Cataline
Gabriela Cataline
2. A Conciliation Conference was held on October 21, 1999,
and the following individuals were present: the Plaintiff did not
appear; the Defendant appeared with her attorney, Charles Rector,
Esquire.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
5. The Plaintiff' s position on custody is as follows: See
attached Order.
6. The Defendant's position on custody is as follows: See
attached Order.
7. Need for separate counsel to represent children: Neither
party requested.
8. Need for independent psychological evaluation or
counseling: None requested and the Conciliator does not believe
any is necessary.
9. Other matters or comments: Father filed a custody contempt
petition as soon after he appeared in this Honorable Court on a
hearing on August 4, 1999. Father contacted the conciliator the
day before the hearing and indicated that he could not attend.
Father filed the contempt petition pro se. Mother appeared with
her counsel. Since Father did not appear and he filed the contempt
petition, his contempt petition should be dismissed.
Date: November 2, 1999 Mich el L. Bangs
Custody Conciliator
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
CARLISLE FA 17013
(717) 2414436
ATTORNEY FOR DEFENDANT
KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
V.
: NO. 99-4162 CIVIL
MATTHEW D. CATALINE,
Defendant : IN CUSTODY
PETITION TO MODIFY CUSTODY
AND NOW, comes the defendant, Matthew D. Cataline by his attorney, Nathan C. Wolf,
Esquire, and presents the following Petition to Modify Custody, representing as follows:
1. The defendant/Father is Matthew D. Cataline, an adult individual presently on active
military duty and residing at Troop. L, 5th Squadron, 15th Calvary Regiment, 3576 Wilson Road,
Ft. Knox, KY 40121-5728.
2. The plaintiff/Mother is Katherine M. Cataline, an adult individual residing at 6758 Lehigh
Avenue, Harrisburg, PA 17111.
3. The parties are the natural parents of two minor children, namely.
h1ame Present Residence DOB
Andreanna P. Cataline 6758 Lehigh Avenue 6/23/92
Harrisburg, PA 17111 (age 14)
Gabriela M. Cataline same as above 12/21/94
(age 11)
4. Mother retains primary custody of the children, however they resided with both parties
prior to their divorce by Order of June 1, 1998, at Knoxville, Tennessee, which Order granted
primary custody of the children to Mother, but Father has been afforded joint legal custody of the
children with temporary periods of physical custody. A true and correct copy of the June 1, 1998,
Chancery Court Order of Knox County, Tennessee, is attached hereto as Exhibit A,
5. On or around August 8, 1999, Mother filed a petition to modify custody and for
emergency special relief.
6. On August 4, 1999, the Chancery Court for Knox County, Tennessee relinquished
jurisdiction to the Court of Common Pleas, Cumberland County, as Father's residence was moved
from Tennessee. A true and correct copy of the August 4, 1999, Order is attached hereto as
Exhibit B.
7. Father believes that Mother has sought to alienate the children from the love and affection
of Father as well as to impede Father's periods of physical custody.
8. The existing orders do not specifically address future summer schedules or holiday
schedules.
9. Father contacted Mother and sought an agreement for a period of summer visitation in
accordance with the previous practices of the parties, which had afforded Father the majority of
time during the summer vacations.
10. Mother indicated that the children did not want to come to see Father for an extended
period of time and only after Father sought the assistance of counsel, did Mother permit the
children to travel to see Father, from July 15, 2006 with an anticipated return date of July 30, 2006,
and with all travel costs associated with the visit to be borne by Father.
11. Due to concerns over the mental and emotional welfare of the parties' older daughter,
Andreanna, Father has filed a petition for special relief contemporaneously with the filing of the
instant petition seeking primary custody of that child.
12. Father files the instant petition seeking a modification of this Court's Order of August 4,
1999, which incorporated the prior Order from Knox County, Tennessee as follows:
a. Father seeks primary physical custody of Andreanma Cataline.
b. Father seeks specified periods of partial physical custody of Gabriela Cataline for two
months during each summer, and for one week during the Christmas holiday.
c. Father and Mother would shared the cost of transportation of Gabriela equally.
13. Father avers that the basis for his actions concerning his children is solely motivated by his
concern for the children's best interests and permanent welfare.
14. Because of the above, Father believes it is the eldest daughter's, Andreanna P. Cataline,
best interests that he be awarded primary physical and shared legal custody of Andreanna, which
the Court is authorized to grant.
15. Defendant requests that the Court schedule an expedited conciliation conference as this
petition modification of custody in the best interests of the children, and that the concerns are of
an extremely time-sensitive nature.
WHEREFORE, Defendant, Matthew D. Cataline, respectfully requests that the Court modifythe
existing custody order and award him primary physical and shared legal custody of Andreanna P.
Cataline, grant him periods of partial physical custody with his younger daughter, Gabriela M. Cataline,
for two months during each summer, and for one week each Christmas holiday and to issue an Order
scheduling an expedited conciliation conference in the above matter, along with any other relief the
Court may deem appropriate.
Respectfully submitted,
Dated: Jubl , 2006
WOLF &
10
C.
Car ' le A 17013
Su a Court I.D. No. 87380
(717) 241-4436
Attorney for Defendant
VERIFICATION
I, the undersigned counsel for Defendant, do herebyverify that the facts set forth in this
petition are true and correct to the best of my information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.GS. Section 4904, relating to unswom
falsification to authorities.
July °L 2006
FROM : KERNS VOLUNTEER FIRE DEPT. FAN NO, : RES 691 1333 Nov, 10 2604 ?e:00RM P15
tr3w- U ho1-
AUG 2 5 1998
JOHN F. WEAVED
174 2 - IN THE CHANCERY COURT FOR I(NOX COUNTY TENNESSEE
MATTHEW DARWIN CATALINE
Plaintiff
vs.
KATHERINE MARIE CATALINE
Defendant
NO, 134715-2
NOTICE OF EZMT
REQUIEM
ORDER
This cause came on to be heard on the 1st day of June, 1998, before the
Honorable Chancellor K David Carte, sittin. g for. the Chancery Court for Knox
County, Tennessee, upon the entire record herein; the matter being called on the
docket, the parties announced to the Court that they had reached an agreement;
it appearing to the Court that said agreement was fair and reasonable, the Court
does hereby ORDER, ADJUDGE AND DECREE AS FOLLOWS:
1. The parties' are hereby granted an absolute divorce one from the
other upon stipulated, grounds pursuant to T.O.A. 38-4-129. The Court does
hereby declare the parties divorced pursuant to the statute.
2.. Th e 61-91M ' s' curfBM m?irs idid support'tlbiigation tlirougA June 1,
i
1998, by his last payment of $250.00 (two hundred and fifty dollars) to Defendant
by money order mailed prior to this hearing.
3. The marital residence shall be sold with both parties cooperating in
the sale of the same. In the event the house cannot be sold prior to a foreclosure,
the Plaintiff shall be responsible for any deficiency. balance left after said
foreclosuce..and shaILhotd._ De1endar6.. harmloss. tberegn. -_Both parties shall
cooperate in the fullest in selling said residence. In the unlikely event that there Is
a profit from the sale of the residence, all proceeds shall be the property of the
Plaintiff, However, the Plaintiff shall apply any profilt proceeds to his Sears
indebtedness, which is a joint indebtedness with Defendant. In the event there is
any profit proceeds left after paying that Sears bill in full, said proceeds shall be
the sole property of Plaintiff.
4. June 1998 through February 1999; the Plaintiff shall pay the
Defendant the sum of $200.00 (two hundred dollars) per month as and for his
monthly child support obligation. Commencing March 1999, the Plaintiff's child
support obligation shall be $500.00 (five hundred dollars) per month and shall be
paid through the Registry of the Court with the Plaintiff to be responsible over and
FROM : KARNS VOLUNTEER FIRE DEPT. FAX NO. : 865 691 1333 Nw- 10 2004 08:00PM P16
above said $500.00 (five hundred dollar) payment a $25.00 (twenty-five dollar)
disbursing fee. Said child support shall be paid by wage assignment to the
Plaintiffs employer as follows: Services Group Incorporated, 118 Sherway Road,
Knoxville, Tennessee 37922. Said wage assignment shall not begin until March
1. 1999.
5. The.parties..shall.share joint legal custody of their two minor children
with the Defendant to be the primary residential custodian of said children.
6. So long as Plaintiff is a resident of the State of Tennessee, and to
the maximum extent permitted, by law, Knox County Chancery Court shall
continue jurisdiction over these parties and their children. During summer 1998,
the Plaintiff shall have visitation with the minor children August 1st through
August 15th for two weeks, July 5th through July 18th for two weeks, and Noon
on June 9th through June 20th. Unless the parties agree to the contrary, 1:00 p.m.
will be the time for pick-up and delivery of the minor children. The receiving party
shall be responsible for providing the transportation for each exchange. Summer
2000 the Plaintiff shall have the minor children for visitation their entire summer
break from school except for the first week after school lets out and the week
before, school beging;9R.th "sit Defendant loses her daycare subsidy paid by
the State of Pennsylvania, for some reason other than prolonged absence, then in
that event, the Plaintiff shall have the entire summer of 1999 except for the first
week after school is out and the week before school begins.
7. The Plaintiff shall have the same contemporaneous weeks visitation
the summer of 1999 as he has for the. summer of 1998 set-out hereinabove
unless a way can be found around the Defendant losing her childcare subsidy.
In the event
the Plaintiff desires to do so and files a Petition with proper notice and hearing to
do so.
S. The parties shall rotate Christmas and Thanksgiving between them
as follows: Plaintiff shall have the entire Christmas holiday the children are out of
school in the even years with Defendant to have the entire Christmas holiday the
children are out of school in the odd years. The Plaintiff shall have the entire
Thanksgiving holiday the children areout'of school "in the odd years and the
Defendant shall have the entire Thanksgiving holiday the children are out of
school in the even years. The 1:00 p.m. exchange time will still apply unless the
parties agree otherwise in writing. In addition, the Plaintiff shall have visitation
FROM Kp?NS VOLUNTEER FIRE DEPT
FAX NO. : 865 642. 1333 Nw. 10 2004 08:01AM P17
any weekend that he desires to visit his children in Pennsylvania during the
summer or during the school period either one, so long as he gives at least three
days notice to Defendant and so long as he visits in the county, or any contiguous
county, in which the children reside. Fora weekend visitation, the Plaintiff shall
give the Defendant notice no later than Tuesday at 1:00 p.m. previous to the
vlsttatlon o_kd? ayStrafl: n the day school lets out in
.Christmas honstPm : 1:OO p
the children's school district until 7:00 m oft the d 4 'p'rior to school resuming.
9, Defendant shall be responsible for and pay the Discover card
balance and hold Plaintiff harmless thereon. The Plaintiff shall be responsible for
and pay the Sears card balance and hold the Defendant harmless thereon.
10. Each party shall have their own vehicle and be responsible for and
pay any indebtedness owed thereon and hold the other harmless thereon.
11. In the event the parties file an amended tax return for 1997,
Defendant shall claim the children as a deduction for tax purposes with the
Plaintiff to claim any house interest as a deduction for tax purposes. However,
commencing 1998, the parties shall share the deduction on the children with the
Defendant to have the younger, minor child as a deduction and the Plaintiff to
.have the older minor chii t as,deducttor,
12. This is a final judgment pursuant to Rule 54 of the Tennessee Rules
of Civil Procedure as to all the issues the parties have agreed on; except,
however as to the Issue of visitation summer 1999, as reserved in Paragraph (7)
above.
13. in no event, shall the Plaintiff have less than the rive weeks for
summer 1999 running contemporaneously with ttte five weeks set-out
r heroine ove'in perag7 semmer"199
14. Each party will make the children available for telephone visitation
each Monday and Wednesday between the hours of 7:00 and 8:00 p.m. If for
some reason the custodial parent is not at home with the children, then the
children will initiate the phone call themselves from wherever they may be to the
non-custodial parent.
15. The parties shall equally divide the Court costs with one-half of the
bill of costs being mailed to the Plaintiff at:
4221 Angola Rd., Rnax i.lle, TN 37921 and the other
half being mailed to the Defendant, Katherine Catalina at: $078 Pajabon Dr., Apt.
102, Harrison, PA 17111, for all of which let execution issue if necessary.
FROM I$P^NS UOLLWEER FIRE DEPT. FAX NO. : 865 §P" 1333 Nov. 10 2004 08:02RM PIS
THIS the 25-ra day of e=4-? .1998.
CHANCELLOR
APPROVED BY.
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MIKE A. HICKMAN °Y? ti h
Attomey for Defendant
250 E. Broadway, Suite 106
Maryville, TN 37804. .
X42$)984.0111
DO PE RG
Attome Plaf 11 ATTroT:
612 S. Gay Street Cereflod a Trap Copy
Knoxville, TN 37902
(423) 622-8767 - is' d r C;re v wort
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FROM : KARNS VOLUNTEER FIRE, T. FAX NO. : 865 691 1333 ( Nov. 10 2004 08:04RM P21
ti.
KATHERINE M. CATALINE,
Plaintiff/Petitioner
V.
MATTHEW D. CATALINE,
Defendant/Respondent
ORDER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4162 CIVIL TERM
OF COURT
AND NOW, this 4th day of August, 1999, following a
hearing, IT IS ORDERED that Andreanna and Gabriel& Cataline
shall be returned to their mother, this date for the' remaindef "~
of the summer. Pending any further order in any action brought
in this court, based on the current jurisdiction of this court,
that would change the existing court order entered on June 1,
1998, in the Chancery Court of Knox County, Tennessee, except
for this summer that order shall remain in full force and
effect.
Charles Rector; Esquire - :`
1104 Fernwood Avenue, Ste.-2D:
Camp Hill, PA 17011
For Plaintiff
Matthew D. Cataline, pro se
96 Harrison Hill Road
Swannanoa, N.C. 28778
Sheriff
TRUE COPY FROM RECORD
prs In Testimony :,hcrcof, I We unto set my hand
and the seal of said Court at Car(is(e, Pa.
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,p Prothonotary
. Extilb;f 13
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 2414436
ATTORNEY FOR DEFENDANT
KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
NO. 99-4162 CIVIL
MATTHEW D. CATALINE,
Defendant : IN CUSTODY
CERTIFICATE OF SERVICE
I, Nathan C. Wolf, Esquire, attorney for Defendant, Matthew D. Cataline, hereby certify that I
caused to be mailed, this date, by U. S. Mail, a copy of the foregoing Petition to Modify Custody to:
Charles Rector, Esquire
1104 Fernwood Avenue, Suite 203
Camp Hill, PA 17011
Counsel for Plaintiff
Date: Jub2 2006
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 741-4436
ATTORNEY FOR DEFENDANT
KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
V.
: NO. 99-4162 CIVIL
MATTHEW D. CATALINE,
Defendant : IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW comes the Defendant, Matthew D. Cataline, by his attorney, Nathan C. Wolf,
Esquire, and files this petition for special relief respectfully representing as follows:
1. The defendant/Father is Matthew D. Cataline, an adult individual residing at Troop. L,
5th Squadron., 15th Calvary Regiment, 3576 Wilson Road, Ft. Knox, KY 40121-5728.
2. The plaintiff/Mother is Katherine M. Cataline, an adult individual residing at 6758
Lehigh Avenue, Harrisburg, PA 17111.
3. The parties are the natural parents of two minor children, namely:
Warne Present RSidence DOB
Andreanna P. Cataline 6758 Lehigh Avenue 6/23/92
Harrisburg, PA 17111 (age 14)
Gabriela M. Cataline same as above 12/21/94
(age 11)
4. Mother retains primary custody of the children, however they resided with both parties
prior to their divorce by Order of June 1, 1998, at Knoxville, Tennessee, which Order granted
primary custody of the children to Mother, but Father has been afforded joint legal custody of the
children with temporary periods of physical custody. A true and correct copy of the June 1, 1998,
Chancery Court Order of Knox County, Tennessee, is attached hereto as Exl6it A.
5. On or around August 8, 1999, Mother filed a petition to modify custody and for
emergency special relief.
6. On August 4, 1999, the Chancery Court for Knox County, Tennessee relinquished
jurisdiction to the Court of Common Pleas, Cumberland County, as Father's residence was moved
from Tennessee. A true and correct copy of the August 4, 1999, Order is attached hereto as Exhibit
B.
7. Contemporaneous with the filing of this Petition for Special Relief, Father is filing a
Petition to Modify Custody regarding his older daughter, Andreanna, requesting an expedited
conciliation conference and seeking more specifically established periods of partial physical custody
with the parties' younger child, Gabriela.
8. Father believes that Mother has sought to alienate the children from the love and
affection of Father as well as to impede Father's periods of physical custody. Mother withholds
important information from Father and has, in the past, unreasonably limited his contact with the
children.
9. On April 16, 2006, Father learned that Andreanna P. Cataline, the parties' eldest
daughter, had been sent to live with a maternal aunt for two weeks as a result of counseling sessions
among Andreanna, Mother and a counselor arranged through the child's school. Father was not
afforded an opportunityto participate, because Andreanna had been engaging in self-injurious
behaviors wherein she was cutting herself with scissors. Father has learned that the counselor
advised Mother that Andreanna needed a break from her mother and her household.
10. Unbeknownst to Father at the time, a previous school counseling session had taken
place concerning Andreanna's problems at school, wherein Father did not have a chance to
participate.
11. Father has subsequently learned that the child has received no additional counseling
since Match of 2006, when the counselor purportedly suggested that the child might benefit from
being in her father's custody.
12. Now that the children are with Father, he has learned the severity of the situation and
has arranged for Andreanna to have counseling sessions with a psychologist.
13. Said counseling sessions have revealed that the relationship between Mother and
Andrearma is significantly strained, and that Andrearma is stnrggling emotionally and academically.
14. Andrearma has relayed that Mother informed her on multiple occasions that she could
relocate and reside with Father and not return to Mother's household, or upon her return, Mother
would have Andrearma admitted to a mental health facility.
15. The child has expressed concerns that her voiced preference to remain with Father
would result in some significant form of retaliation from Mother, if Andreanna was forced to return
to Mother's custody.
16. In the past, Father had been afforded visitation on a biweekly basis after the parties'
divorce, specifically in the summer of 1998 and 1999.
17. In late 1998, Mother hurt her back and offered to allow the children to go with Father,
provided he was responsible for all transportation from Tennessee to Pennsylvania and back, leaving
only four (4) days for Father to enjoy custody with the children, which opportunity Father did take
advantage of.
18. In the summer of 1999, Mother withheld information from Father that she had lost her
child care so that Father could not have visitation for the entire summer as the June 1, 1998, Order
sets out.
19. To Mother's credit, she did permit Father to have visitation with the girls over the 2005
Christmas holiday for 10 days.
20. Only recently, Mother, after Father sought counsel and Mother faced the possibility of
litigation on the issue, Mother acquiesced and allowed both children to travel to see Father for two
weeks.
21. Mother only agreed to the children traveling to see Father upon the condition that he
purchase airline tickets for the children leaving Pennsylvania on July 15, 2006 and returning on July
30, 2006.
22. Previous to this visit, Father had only seen his daughters 14 days in the preceding year
and a half.
23. Father has been alienated from the children by not allowing Father to have regular
telephone contact with them, because when Father would call at the times designated by Mother, no
one would answer the telephone calls at Mother's residence.
24. Previously, Mother had denied Father custody of the children many times contrary to the
provisions set forth in the June 1, 1998, Order.
25. Father is currently serving in the United States Army in Fort Knox, Kentucky, where he
is employed as a drill sergeant.
26. Father has the ability to provide adequate supervision and care for the children.
27. Father is currently remained and the children have a good relationship with his wife.
28. The actions of Mother in alienating Father from the children, and in allowing
Andreanna's mental health concerns to continue without affording Father an opportunity to assist in
their resolution, illustrates Mothers disregard for the relationship between the children and their
Father, and her disregard for the best interests and permanent welfare of the children.
29. Father believes and therefore avers that it would be in the best interests of the children
for this Court to issue an Order for Special Relief, directing Mother to comply with the June 1, 1998,
Cyder of Court, and to allow Father to have primary custody of Andreanna, pending a modification
conference on Father's petition.
WHEREFORE, Defendant, Matthew D. Cataline, prays this Honorable Court enter a Temporary
C istody Order granting Defendant temporary physical custody of the parties child, Andreanna P.
Cataline, pending further Order of Court along with any additional relief that the Court may deem
appropriate and just.
Respectfully
Dated: Jul}pg_, 2006
10
I.D. No. 87380
(717) 241-4436
Attorney for Defendant
VERIFICATION
I, the undersigned counsel for Defendant, do hereby verify that the facts set forth in this
petition are true and correct to the best of mylmowledge and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.CS. Section 4904, relating to unswom
falsification to authorities.
July2Y2oo6
FROM : KARNS 4rLLMTEER FIRE DEFT
FAX NO. : 965 691 1333
Nov. 10 21004 09:00AM Fi5
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AUG 2 5 1998
9,QHN F. WEAVFI,
1742 -500
IN THE CHANCERY COURT FOR KNOX COUNTY, TENNESSEE
MATTHEW DARWIN CATALINE
Plaintiff
vs.
KATHERINE MARIE CATALINE
Defendant
NO. 134715-2
NOTICE OF ENTRY
REQUUeED
?k1
ORDER
This cause came on to be heard on the 1st day of June, 1998, before the
Honorable Chancellor H. David Cate, sitting for the Chancery Court for Knox
County, Tennessee, upon the entire record herein; the matter being called on the
docket, the parties announced to the Court that they had reached an agreement;
it appearing to the Court that said agreement was fair and reasonable, the Court
does hereby ORDER, ADJUDGE AND DECREE AS FOLLOWS:
1. The parties' are hereby granted an absolute divorce one from the
other upon stipulated. grounds pursuant to T.C.A. 384-129. The Court does
hereby declare the partles divorced purstrantto the statute.
2.. The Ptarnt s crment in?ftis child suppbit"Oliligattori fitiiougti June 1,
1998, by his last payment of $250.00 (two hundred and fifty dollars) to Defendant
by money order mailed prior to this hearing.
3. The marital residence shall be sold with both parties cooperating In
the sale of the same. In the event the house cannot be sold prior to a foreclosure,
the Plaintiff shall be responsible for any deficiency. balance left after said
foreclosure. and sf lmlif DebendarilL harmless tfiemn.__ Both parties shall
cooperate in the fullest in selling said residence. In the unlikely event that there is
a profit from the sale of the residence, all proceeds shall be the property of the
Plaintiff. However, the Plaintiff shall apply any profit proceeds to his Sears
indebtedness, which is a joint indebtedness with Defendant. In the event there is
any profit proceeds left after paying that Sears bill in full, said proceeds shall be
the sole property of Plaintiff.
4. June 1998 through February 1999; the Plaintiff shall pay the
Defendant the sum of $200.00 (two hundred dollars) per month as and for his
monthly child support obligation. Commencing March 1999, the Plaintiffs child
support obligation shall be $500.00 (five hundred dollars) per month and shall be
paid through the Registry of the Court with the Plaintiff to be responsible over and
FROM : KARNS VOLUNTEER FIRE DEPT. FAX NO. : 865 691 1333 Nov. 16 2R64 FB:DPIAM PS6
above said $500.00 (five hundred dollar) payment a $25.00 (twenty-five dollar)
disbursing fee. Said child support shall be paid by wage assignment to the
plaintiff's employer as follows: Services Group Incorporated, 118 Shetway Road,
Knoxville, Tennessee 37922. Said wage assignment shall not begin until March
1, 1999.
5. The. partie§..shell_shere joint legal custody of their two minor children
with the Defendant to be the primary residential custodian of said children.
e. So long as Plaintiff is a resident of the State of Tennessee, and to
the maximum extent permitted. by law, Knox County Chancery Court shall
continue jurisdiction over these parties and their children. During summer 1998,
the Plaintiff shall have visitation with the minor children August 1st through
August 15th for two weeks, July 5th through July 18th for two weeks, and Noon
on June 9th through June 20th. Unless the parties agree to the contrary, 1:00 p.m.
will be the time for pick-up and delivery of the minor children. The receiving party
shall be responsible for providing the transportation for each exchange. Summer
2000 the Plaintiff shall have the minor children for visitation their entire summer
break from school except for the first week after school lets out and the week
before. school begins #.tw- vent Delfendant: Iowa her daycare subsidy paid by
the State of Pennsylvania, for some reason other than prolonged absence, then in
that event, the Plaintiff shall have the entire summer of 1999 except for the first
week after school is out and the week before school begins.
7. The Plaintiff shall have the same contemporaneous weeks visitation
the summer of 1999 as he has for the, summer of 1998 set-out hereinabove
unless a way can be found around the Defendant losing her childcare subsidy.
In the event
the Plaintiff desires to do so and files a Petition with proper notice and hearing to
do so.
8. The parties shall rotate Christmas and Thanksgiving between them
as follows: Plaintiff shall have the entire Christmas holiday the children are out of
school in the even yearswith Defendant to have the entire Christmas holiday the
children are out of school, in the odd years. The Plaintiff shall have the entire
Thanksgiving holiday the children are out of school-in the odd years and the
Defendant shall have the entire Thanksgiving holiday the children are out of
school in the even years. The 1:00 p.m. exchange time will still apply unless the
parties agree otherwise in writing.1n addition, the Plaintiff shall have visitation
FROM KRPNS VOLLNTEER FIRE DEPT. FAX NO. : 865 6?qt. 1333 Nov. 10 2004 08:01AM P17
any weekend that he desires to visit his children In Pennsylvania during the
summer or during the school period either one, so long as he gives at least three
days notice to Defendant and so long as he visits in the county, or any contiguous
county, in which the children reside. Fora weekend visitation, the Plaintiff shall
give the Defendant notice no later than Tuesday at 1:00 p.m. previous to the
visitation. .Christ nas hoGdayshatl nxtfrom 1:00 p.m. on the day school lets out in
:..
the children's school district until l:0d p rtf. oh the day prior to Abol resuming.
9. Defendant shall be responsible for and pay the Discover card
balance and hold Plaintiff harmless thereon. The Plaintiff shall be responsible for
and pay the Sears card balance and hold the Defendant harmless thereon.
10. Each party shall have their own vehicle and be responsible for and
pay any indebtedness owed thereon and hold the other harmless thereon.
11. In the event the parties rile an amended tax return for 1997,
Defendant shall claim the children as a deduction for tax purposes with the
Plaintiff to claim any house interest as a deduction for tax purposes. However,
commencing 1998, the parties shall share the deduction on the children with the
Defendant to have the younger minor child as a deduction and the Plaintiff to
.have the older minor cbAd as;dedochort
12. This is a final judgment pursuant to Rule 64 of the Tennessee Rules
of Civil Procedure as to all the issues the parties have agreed on; except,
however as to the Issue of visitation summer 1999, as reserved in Paragraph (7)
above.
13. In no event, shall the Plaintiff have less than the five weeks for
summer 1999 running contemporaneously with the five weeks set-out
ws5. , e v r_..
her@ma5ove`in parag?y?foFSrartmer 1998 = -
14. Each party will make the children available for telephone visitation
each Monday and Wednesday between the hours of 7:00 and 8:00 p.m. If for
some reason the custodial parent is not at home with the children, then the
children will initiate the phone call themselves from wherever they may be to the
non-custodial parent.
15. The parties shall equally divide the Court costs with one-half of the
bill of costs being mailed- to the Plaintiff at:
4221 Angola Rd., Rnax ille, TN 37921 , and the other
half being mailed to the Defendant, Katherine Cataline at: $078 Pajabon Dr., Apt.
102, Harrison, PA 17111, for all of which let execution issue if necessary.
FROM f?^45 VILWTEER FIRE DEPT. FAX NO. : 865 rI 1333 Nrn. 10 2604 08:02AM P18
I
THIS the zSr. day of 1998.
CHANCELLOR
APPROVED BY
lJnyyo??4w-
MIKE A. HICKMAN
Attorney for Defendant °°v "Y O14N
250 E. Broadway, Suite 106
Maryville, TN 37804
y4, ( l1
(42a) SW
DO PE RG
Attome PIaI
ATTEST.
612 S. Gay Street
Knoxville, TN 37902 Certlflud a True Copy
(423) 522-8767 -F.rk and tar Cfla *111 Ourt
FROM : KRRNS VOLUNTEER FIRE(, T. FAX NO. : 865 691 1333 Nov. 10 2004 08:04RM P21
KATHERINE M. CATALINE, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
MATTHEW D. CATALINE,
Defendant/Respondent NO. 99-4162 CIVIL TERM
ORDER OF COURT
AND NOW, this 4th day of August, 1999, following a
hearing, IT IS ORDERED that Andreanna and Gabriela Cataline
shall be refined to their mother this date for'the remainctr "-"
of the summer. Pending any further order in any action brought
in this court, based on the current jurisdiction of this court,
that would change the existing court Order entered on June 1,
1998, in the Chancery Court of Knox County, Tennessee, except
for this summer that order shall remain in full force and
effect.
Charles Rector, Esquire '-
1104 Fernwood Avenue, Ste.'-20;
Camp Hill, PA 17011
For Plaintiff
Matthew D. Cataline, pro se
96 Harrison Hill Road
Swannanoa, N.C. 28778
Sheriff
TRUE COPY FROM RECORD
prs In Test- ro.-q ;'!kreof, I hire unto set my hand
and the seal of said Court at Carlisle, Pa.
r' r .__ TThid ??'r--r• daY" ... .,,., 1915-
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Exti?bif ?
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR DEFENDANT
KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vii.
CIVIL ACTION - LAW
: NO. 99-4162 CIVIL
MATTHEW D. CATALINE,
Defendant : IN CUSTODY
CERTIFICATE OF SERVICE.
I, Nathan G Wolf, Esquire, have served a true and correct copy of Petition for Special Relief
upon the following person and in the matter indicated:
Charles Rector, Esquire
1104 Femwood Avenue, Suite 203
Camp Hill, PA 170U
Counsel for Plaintiff
WOLF
July =2006
10 We:3rAwh Street
ESQUIRE
CarlKe, Pennsylvania 17013
(717) 241-4436
Supreme Court I.D. No. 87380
Attorney for Defendant
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KATHERINE M. CATALINE,
PLAINTIFF
V.
MATTHEW D. CATALINE,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4162 CIVIL TERM
ORDER OF COURT
AND NOW, this 2,4- day of July, 2006, upon review of the petition
for special relief, the petition IS DENIED without a hearing.'
By the
Edgar B. Bayley, J.
Charles Rector, Esquire
For Plaintiff
Nathan C. Wolf, Esquire
For Defendant
Court Administrator
:sal
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' The case shall proceed to conciliation on father's petition to modify custody.
}
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KATHERINE M. CATALINE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MATTHEW D. CATALINE
DEFENDANT
99-4162 CIVIL ACTION LAW
. IN CUSTODY
ORDER OF COURT
AND NOW, Monday, July 24, 2006 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 26, 2006 at 1:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ acgueline M. Verney, Esq. .__ jyj
IV-
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
')o-h f? c
o?ph co L
.>5eo4
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID No. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR DEFENDANT
KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
V.
NO. 99-4162 CIVIL
MATTHEW D. CATALINE, .
Defendant : IN CUSTODY
MOTION FOR RECONSIDERATION
AND NOW comes the Defendant, Matthew D. Cataline, by his attorney, Nathan C. Wolf,
Esquire, and files this motion for reconsideration asking the Court to reconsider the Older of July 24,
2006, representing as follows:
1. The petitioner, Defendant/Father, is Matthew D. Cataline, an adult individual residing
at Troop. L, 5th Squadron., 15th Calvary Regiment, 3576 Wilson Road, Ft. Knox, KY 40121-5728.
2. The respondent, Plaintiff/Mother, is Katherine M. Cataline, an adult individual residing
at 6758 Lehigh Avenue, Harrisburg, PA 17111.
3. The parties are the natural parents of two minor children, namely:
Preen Residence DOB
Andreanna P. Cataline 6758 Lehigh Avenue 6/23/92
Harrisburg, PA 17111 (age 14)
Gabriela M. Cataline same as above 12/21/94
(age 11)
4. On July 24, 2006, Father filed a Petition for Special Relief, contemporaneously with a
Petition to Modify Custody, because on July 15, 2006 when the children came to see Father in
Kentucky, Father learned that Andreanna P. Cataline, had been engaging in self-injurious behaviors
wherein she was cutting herself with scissors and that the a counselor advised Mother that Andreanna
needed a break from her and her household, but that follow-up treatment had not been obtained for
the child and that the child had been engaging in this behavior for an extended period of time.
5. On July 24, 2006, the Court denied said Petition for Special Relief without a hearing
with instructions that the case shall proceed to conciliation on Father's petition to modify custody.
6. The Court authorized an expedited conciliation conference, which is presently
scheduled for August 7, 2006 at 10:30 a.m.
7. Due to Mother's counsel's unavailabilitya conciliation conference cannot be had before
August 7, 2006.
8. Father avers the child, Andreanna P. Cataline, would be placed in an elevated risk of
harm if she was forced to return to Mother's care pending the conciliation conference and a hearing, if
one should be necessary.
9. Prior to the filing of this Motion, the child has not had a counseling session since
March, 2006, while in Mother's custody, but upon his learning that the child has had such significant
difficulties, Father took the child to a counselor in Kentucky, since the child has been in his custody.
10. Prudence Zollinger, Ph.D., LCSW, has met with the child both with her father and in
separate sessions and has observed the following significant concerns regarding the child's mental
health condition:
(1) Engaging in self-injurious behaviors in the form of cutting, which the Doctor
observed to be recent injuries, highly visible after the two week period the child
reported to have elapsed between injury and observation. Mother was aware of the
same and took no action.
(2) The child has manifest behaviors consistent with a significant withdrawal from the
family, including her mother, her sister and her stepfather.
(3) The child has vocalized that her mother, her stepfather and her sister would be better
off without her in the household.
(4) The dramatic decline in the child's grades from A's and B's to D's and F's.
11. Dr. Zollinger has thirty years of experience as a social worker with the
Commonwealth of Kentucky and has had an additional two and a half years of experience treating
patients through her employment with the United States Army.
12. Dr. Zollinger has concluded that if these observations are indicative of the child's
overall mental health, that the Mother's failure to ensure proper follow-up counseling and treatment
are tantamount to emotional abuse and medical neglect.
13. As such, the Doctor has likewise concluded based upon the foregoing observations
and her experience that forcing the child to return to the custody of her Mother, would not, at this
time, be in the child's best interest and would put the child's future welfare at an increased risk of
harm.
14. Petitioner believes and avers that it is in the child's best interest and personal welfare to
be in Father's custody, and not returned to Mother's custody pending the conciliation conference and
further hearing and that the Court schedule a hearing concerning this matter.
WHEREFORE, Petitioner, Matthew D. Cataline, respectfully prays that this Honorable Court
reconsider its prior order denying special relief and enter an Order allowing the child to remain in
Father's custody until a hearing can be held on the matter, unless the parties can resolve the matter at
conciliation on August 7, 2006, along with granting Petitioner any other such relief that the Court may
deem appropriate.
Respectfully
WOLF & _V
Dated: July?2006
N,
10
C isle, 17013
Su me Court I.D. No. 87380
(717) 241-4436
Attorney for Petitioner
VERIFICATION
I, the undersigned, do hereby verify that the facts set forth in this motion are true and correct to
the best of my knowledge and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.-S. Section 4904, relating to unworn falsification
Dated: July' 2006
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 2414436
ATTORNEY FOR DEFENDANT
KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vii.
: CIVIL ACTION - LAW
: NO. 99-4162 CIVIL
MATTHEW D. CATALINE,
Defendant : IN CUSTODY
CERTIFICATE OF SERVICE
I, Nathan C Wolf, Esquire, attomey for Defendant, do hereby certify that I have served
a copy of the foregoing Motion for Reconsideration upon the following person, by postage prepaid
mail, addressed as follows:
Charles Rector, Esquire
1104 Fernwood Avenue
Suite 203
Camp Hill, PA 17011
Respectfully submitted,
WOLF & WOLF
Dated: July 006
Natlfan squire
P?4 h Street
PA 17013
Court I.D. . No. 87380
(717) 241-4436
Attorney for Petitioner
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013 JUL OQ
(717)241.4436
ATTORNEY FOR DEFENDANT
KATHERINE M. CATALINE, : IN THE COURT OF COMMON PL OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. "-4162 CIVIL
MATTHEW D. CATALINE,
Defendant : IN CUSTODY
AND NOW this ?_ day of July, 2006, upon consideration of the attached Motion for
Reconsideration, it is hereby ORDERED that reconsideratioe duly 24 Order is
?AA
GRANTED, and dAt cust4dyAf_Andvauaax, kataline shall main wl Fathe Matthew D. CaWine,
pending lconcllation on August 7, 2006,
Me-
By the
Edgar B.
Distribution:
Charles Rector, Esquire - tWdUt
Nathan C. Wolff Esquire f ct-yeyt 7 7'17-aj,
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KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 1999-4162 CIVIL ACTION - LAW
MATTHEW D. CATALINE,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this day of b Ql?l , 2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. A Hearing is scheduled in Court Room No. , of the Cumberland
County COP House, on the 7? day of Q? jgt, 2006, at) 30
o'clock, M., at which time testimony will be taken. For purposes of this Hearing,
the Father shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least ten days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the prior
Orders of Court dated August 4, 1999 and July 27, 2006 shall remain in full force and
effect with the following addition.
Physical custody of the child shall be returned to Mother.
?BY THE ,
tin Edgar B. Bayley, P.J.
c athan Wolf, Esquire, counsel for Father
Siharles Rector, Esquire, counsel for Mother
?Lj €
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KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 1999-4162 CIVIL ACTION - LAW
MATTHEW D. CATALINE,
Defendant/Petitioner : IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, P.J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Andreanna P. Cataline June 23, 1992 Father
Gabriela M. Cataline December 21, 1994 Mother
2. A Conciliation Conference was held August 7, 2006 with the following
individuals in attendance: The Father, Matthew D. Cataline, with his counsel, Nathan
Wolf, Esquire, and the Mother, Katherine M. Cataline, with her counsel, Charles Rector,
Esquire.
3. The Honorable Edgar B. Bayley previously entered an Order of Court
dated August 4, 1999 returning the children to Mother's physical custody and continuing
the Order of Court in the Chancery Court of Knox County, Tennessee. In response to
Father's Petition for Special Relief regarding Andreanna, the Honorable Edgar B. Bayley
entered an Order of Court dated July 24, 2006 denying the Petition for Special Relief and
on Father's Motion for Reconsideration, entered an Order of Court dated July 27, 2006
providing for the child to temporarily remain in the custody of Father until a Conciliation
Conference.
4. At the Conciliation Conference, Father was seeking shared legal and
primary physical custody of Andreanna, alleging, inter alia, that Mother had neglected
the child's mental health needs. Following the conciliation conference, counsel for
Father notified the Conciliator that Father was withdrawing his request for primary
physical custody. Counsel requested time to secure an agreement with opposing counsel
for a summer and holiday schedule. The Conciliator has been advised that the parties
have been unable to reach an agreement for the summer and holidays and Father is
requesting a hearing to resolve the summer and holiday schedule.
5. Mother's position on custody is as follows: Mother seeks to maintain
shared legal and primary physical custody. As Father's position on custody changed after
the conciliation conference, to only requesting holiday and summer partial physical
custody, Mother's position on holidays and summer custody is unknown.
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and returning the Andreanna to Mother. It is expected that the Hearing will
require one-half day.
q-zi. -0? 04??? 14, ",
Date cq ine M. Verney, Esquire j?l
Custody Conciliator
KATHERINE M. CATALINE,
(Now Arbegast) Plaintiff
V.
MATTHEW D. CATALINE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 99 - 4162
CIVIL ACTION -LAW
IN CUSTODY
PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE
To: Prothonotary
Please withdraw my appearance on behalf of Katherine Arbegast, Plaintiff in the above
matter.
f-f--
Dated: November )( , 2006
By: ?-
Charles Rect , Es uire
1104 Femw od Ave, Ste 203
Camp Hill, PA 17011
Please enter my appearance on behalf of Katherine Arbegast, Plaintiff in the above
matter.
Dated: November 21, 2006 y: t-?-?c c?lI
Lindsay Bair s uire
37 South Hannover Street
Carlisle, PA 17013
(717) 243-5732
-_ C 1 "30
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR DEFENDANT
KATHERINE M. CATALINE,
(now Arbegast)
Plaintiff
V.
MATTHEW D. CATALINE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 99-4162 CIVIL
IN CUSTODY
PETITION TO MODIFY CUSTODY
AND NOW, comes the defendant, Matthew D. Cataline by his attorney, Nathan C. Wolf,
Esquire, and presents the following Petition to Modify Custody, representing as follows:
1. The defendant/Father is Matthew D. Cataline, an adult individual residing 6323 Hugh
Willis Road, Powell, TN, 37849.
2. The plaintiff/Mother is Katherine M. Cataline, an adult individual residing at 6758 Lehigh
Avenue, Harrisburg, PA 17111.
3. The parties are the natural parents of two minor children, namely:
Present eside c DOB
Andreanna P. Cataline 6758 Lehigh Avenue 6/23/92
Harrisburg, PA 17111 (age 15)
Gabriela M. Cataline same as above 12/21/94
(age 13)
4. The patties are subject to prior custody Orders dated August 4, 1999, July 27, 2006 and
October 10, 2006, attached hereto as Exhibits A, B, and C, respectively. Pursuant to said Orders,
Mother retains primary custody of the children.
5. The Honorable Edgar B. Bayley is the prior judge assigned to this case.
6. Since the entry of the Order on October 10, 2006, the children have resided with their
Mother in Pennsylvania.
7. Mother has had numerous problems with Andreanna's behavior and educational progress
in the past including incidents where the child had engaged in self-mutilation, which was the
subject of Father's petition for modification filed in 2006.
8. Said petition resulted in the child being involved in therapeutic counseling, however upon
information and belief just obtained by Father indicates that counseling services were terminated
approximately one year ago.
9. Father and Mother were able to agree to the return of the child to Mother's primary
custody conditioned on Father being kept informed of information and progress with Andreanna.
10. In recent months, Mother has contacted Father on at least two occasions concerning the
possibility of a change in primary custody with regard to Andreanna.
11. The such first conversation occurred in August 2007, when Mother indicated that she had
found alcohol in the child's room and that the child was not responding appropriately to Mother's
guidance and that Mother felt that the child might benefit from moving in with Father.
12. Mother indicated that there were significant conditions attached to the offer to transfer
custody, including inter aha the requirements that the child continue in Catholic school and that
Father no longer have any firearms in his home.
13. Ultimately, Mother did not pursue the transfer of custody of Andreanna, until January 12,
2008, when Mother contacted Father indicating that she would be bringing Andreanna to live with
Father.
14. Mother told Father that the child had been involved in an incident where she threw a party
in the home of a neighbor who had hired the child to care after their pets while on vacation.
15. Because of the tumultuous nature of the relationship in the past between the parties, Father
asked a friend, who is a police officer, to be present at Father's home when Mother arrived in
Tennessee with the child.
16. Father agreed to take custody of the child but asked Mother to sign a written agreement to
that effect.
17. Father's friend was off-duty at the time of the exchange and was present when Mother
arrived with the child.
18. When Mother arrived at Father's home and realized that there was a police officer present,
Mother immediately left with the child and returned to Pennsylvania.
19. Thereafter, Father was unable to speak with Andreanna from January 12, 2008 until
Wednesday February 13, 2008, when Andreanna told her father that she had previously been
unable to speak with him because she had been sick
20. However, at one point Father obtained information that the child had been in the hospital
with strep throat and Mother never contacted Father to inform him of the same.
21. Father has likewise learned that Andreanna has not been in school since approximately
January 12, 2008, that child was failing at least some of her classes and that Andreanna is to be
enrolled in a different school beginning within the next week, though Mother has not
communicated any of the foregoing information to Father directly nor sought his input on any
decision-making related thereto.
22. Father believes that Mother has sought to alienate the children from the love and affection
of Father as well as to impede Father's periods of physical custody.
23. Father is gainfully employed as a firefighter/EMT for the City of Knoxville and maintains a
stable residence in which to care for and raise the child.
24. Father files the instant petition seeking a modification of this Court's prior Orders as
follows:
a. Father seeks primary physical custody of Andreanna Cataline.
b. Father seeks specified periods of partial physical custody of Gabriela Cataline for two
months during each summer, and for one week during the Christmas holiday.
c. Father and Mother would share the cost of transportation of Gabriela equally.
25. Father avers that the basis for his actions concerning his children is solely motivated by his
concern for the children's best interests and permanent welfare.
26. Because of the above, Father believes it is the eldest daughter's, Andreanna P. Cataline,
best interests that he be awarded primary physical and shared legal custody of Andreanna., which
the Court is authorized to grant.
27. Defendant requests that the Court schedule an expedited conciliation conference as this
petition modification of custody in the best interests of the children, and that the concerns are of
an extremely time- sensitive nature.
WHEREFORE, Defendant, Matthew D. Cataline, respectfully requests that the Court modify the
existing custody order and award him primary physical and shared legal custody of Andreanna P.
Cataline, grant him periods of partial physical custody with his younger daughter, Gabriela M. Cataline,
for two months during each summer, and for one week each Christmas holiday and to issue an Order
scheduling an expedited conciliation conference in the above matter, along with any other relief the
Court may deem appropriate.
Respectfully submitted,
WOLF & WOLF
Dated: February -0-, 2008
Na an C. ,Wolf, Esquire
1 es igh Street
C&"e, PA 17073
Supreme Court I.D. No. 87380
(717) 241-4436
Attorney for Defendant
VERIFICATION
I, the undersigned counsel for Defendant, do hereby verify that the facts set forth in this
petition are true and correct to the best of my information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.GS. Section 4904, relating to unworn
falsification to authorities.
February /7, 2008
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 2414436
ATTORNEY FOR DEFENDANT
KATHERINE M. CATALINE,
(now Arbegast)
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
V.
: NO. 99-4162 CIVIL
MATTHEW D. CATALINE,
Defendant
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Nathan C. Wolf, Esquire, attorney for Defendant, Matthew D. Cataline, hereby certify that I
caused to be mailed, this date, by U. S. Mail, a copy of the foregoing Petition to Modify Custody to:
Lindsay Baird, Esquire
37 South Hanover Street
Carlisle, PA 17013
Counsel for Plaintiff
Date: February , 2008
V
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,:_ 1 o
KATHERINE M. CATALINE (NOW IN THE COURT OF COMMON PLEAS OF
ARBEGAST)
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MATTHEW D. CATALINE
DEFENDANT
1999-4162 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, February 28, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 25, 2008 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ ac ueline M. Verne Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
80.3?•?
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KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 1999-4162 CIVIL ACTION - LAW
MATTHEW D. CATALINE,
Defendant/Petitioner : IN CUSTODY
ORDER OF COURT
AND NOW, this a day of 4&1- ` , 2008, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. A Hearing is scheduled in Court Room No. _, of the Cumberland
County Court House, on the Qa' day of ?fljyu 2008, at 1.30
o'clock, ?. M., at which time testimony wil a taken. For purposes of this Hearing,
the Father shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least five days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the prior
Orders of Court dated August 4, 1999, July 27, 2006 and October 10, 2006 shall remain
in full force and effect with the following additions.
3. The Father, Matthew D. Cataline and the Mother, Katherine M. Cataline,
shall have shared legal custody of Andreanna P. Cataline, born June 23, 1992, and
Gabriela M. Cataline, born December 21, 1994. 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 23 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 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. Both parents shall be entitled to full
participation in all educational and medical/treatment planning meetings and evaluations
with regard to the minor children. Each parent shall be entitled to full and complete
information from any physician, dentist, teacher or authority and copies of any reports
given to them as parents including, but not limited to: medical records, birth certificates,
school or educational attendance records or report cards. Additionally, each parent shall
be entitled to receive copies of any notices which come from school with regard to school
pictures, extracurricular activities, children's parties, musical presentations, back-to-
school nights, and the like.
4. Andreanna shall participate in counseling. Father shall participate in
Andreanna's counseling to the extent that the counselor feels appropriate.
5. The parents shall communicate via email.
6. Father shall have no less than three weeks of physical custody of Gabriela
this summer.
7. This Order is entered pursuant to a Custody
parties may modify the provisions of this Order by ma
mutual consent, the terms of this Order shall control. utu
BY;rHE CO
Edgar
c . athan Wolf, Esquire, counsel for Father
indsay D. Baird, Esquire, counsel for Mother
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KATHERINE M. CATALINE,
Plaintiff/Respondent
V.
MATTHEW D. CATALINE,
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 1999-4162 CIVIL ACTION - LAW
: IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, P.J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Andreanna P. Cataline June 23, 1992 Mother
Gabriela M. Cataline December 21, 1994 Mother
2. A Conciliation Conference was held April 22, 2008 with the following
individuals in attendance: Nathan C. Wolf, counsel for Father, Matthew D. Cataline, who
was available by telephone, and the Mother, Katherine M. Cataline, with her counsel,
Lindsay D. Baird, Esquire.
3. The Honorable Edgar B. Bayley previously entered Orders of Court dated
August 4, 1999, July 27, 2006 and October 10, 2006, providing for shared legal custody,
Mother having primary physical custody and Father having periods of partial physical
custody on holidays and during the summer.
4. Father's position on custody is as follows: Father is seeking primary
physical custody of Andreanna, alleging, inter alia, that Mother had offered to transfer
primary physical custody of the child to Father because she could not handle the child's
behaviors. If he is not successful in obtaining primary physical custody of Andreanna, he
is seeking six weeks of primary physical custody with both children in the summer.
Father is willing to participate in family counseling with Andreanna.
5. Mother's position on custody is as follows: Mother seeks to maintain
shared legal and primary physical custody of both children. She maintains that
Andreanna does not wish to visit with Father. With regard to Gabriela, Mother asserts
that the child has numerous activities in the summer including soccer camp and vacation
in Maine with Mother that restricts the amount of time that she can spend with Father.
Mother is in agreement that Father participate in family counseling
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and entering an Order with provisions that the parties agreed to at the
Conciliation Conference. It is expected that the Hearing will require one-half day.
q ?-- ZZo?
Date
acq ine M. Verney, Esquire
Custody Conciliator
-W
KATHERINE M. ARBEGAST, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MATTHEW D. CATALINE : 99-4162 CIVIL TERM
ORDER OF COURT
AND NOW, this day of June, 2008, following a hearing on the
merits, the petition of Matthew D. Cataline for primary physical custody of Andreanna
Cataline, born June 23, 1992, IS DENIED. IT IS FURTHER ORDERED:
(1) All prior custody orders are vacated and replaced with this order.
(2) Katherine M. Arbegast shall have primary physical custody of Andreanna
Cataline and Gabriela Cataline, born December 21, 1994.
(3) Matthew D. Cataline shall have temporary physical custody of Andreanna
and Gabriela as follows:
(a) During summer school vacation periods for a minimum period of three
weeks at times set by the parents, except that this vacation period for Andreanna
shall commence in the summer of 2009.
(b) Each year from December 26th through January 1.
(c) At such other times as the parents may agree.
(4) Besides both parents being responsible to set the times for the aforesaid
periods of the father's temporary physical custody with the children, the mother is
responsible to ensure that the periods of temporary physical custody take place.
(5) Unless otherwise agreed by the parents, transfers shall occur at the midway
point on Interstate 81 between Knoxville, Tennessee and Harrisburg, Pennsylvania.
Linsday Baird, Esquire
For Katherine M. Arbegast
,,?Nathan Wolf, Esquire
For Matthew D. Cataline
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR DEFENDANT
KATHERINE M. CATALINE, : IN THE COURT OF COMMON PLEAS OF
(now Arbegast) : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
V.
: NO. 99-4162 CIVIL
MATTHEW D. CATALINE,
Defendant : IN CUSTODY
_STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into this ;tclday of January,
2009, by and between MATTHEW D. CATALINE (hereinafter referred to as "Father") and
KATHERINE M. ARBEGAST (hereinafter referred to as "Mother').
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the Father and Mother are the parents of two minor children, namely,
Andreanna P. Cataline, born 6/23/92 (age 16); and Gabriela M. Cataline, born 12/21/94 (age 14)
WHEREAS, the parties wish to enter into an amended custody agreement relative to the
custody of the parties' children; and,
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as
follows:
1. The parties shall retain shared legal custody of the children.
2. The Father shall have primary physical custody of Andreanna P. Cataline, effective
January 11, 2009.
3. Mother shall retain primary custody of the child, Gabriela M. Cataline.
4. Each parent shall enjoy periods of partial physical custody of the child who resides in
the other parent's home from time to time as the parties may agree, subject to the holiday and
summer schedule set forth below.
5. The custodial parent shall ensure that the non-custodial parent has liberal telephone
contact with the child.
6. The parties shall share custody of the child on holidays and during the summers as
follows:
a. In odd numbered years, both children shall be in the custody of Father for the
Thanksgiving Holiday beginning the day school recesses and ending the day prior to
school resuming. Mother shall have the same period in even numbered years.
b. In odd numbered years, both children shall be in the custody of Mother for the
Christmas Holiday for no less than five days which days must include December 24`"
through December 26"'. Father shall have the same period in even numbered years.
c. Mother shall have custody of Andreanna for up to four weeks during the summer.
d. Father shall have custody of Gabriella for up to four weeks during the summer.
e. The summer visits should be coordinated so that each parent has custody of both
children at the same time. Mother shall have custody of the children for the first
part of each summer.
f. Father shall be responsible for the costs associated with Andreanna's visits with her
Mother.
g. Mother shall be responsible for the costs associated with Gabriella's visits with her
Father.
h. The non-custodial parent shall be permitted additional periods of visitation or partial
custody while in the area of the custodial parent's home, provided one week's notice
is given of such requests for additional time.
i. In 2010, if Andreanna is willing to agree to visit with Mother over spring break,
Mother shall have custody for no less than four days, but the costs of such visit shall
be shared by the parties.
If the opportunity presents itself for a family vacation to occur during the school
year, Mother shall have the right for Andreanna to participate in the vacation if she
indicates a desire to do so and so long as all schoolwork is provided in advance.
Andreanna's travel expenses for such vacations shall be borne solely by Mother.
7. The parties shall keep each other advised immediately relative to any emergencies
concerning the child and shall further take any necessary steps to insure that the health, welfare and
well being of the child are protected.
8. Effective February 1, 2009, Father shall provide health, vision and dental coverage
for Andreanna through his employer sponsored insurance plan, so long as it is available to him.
Father shall continue to provide dental coverage for Gabriela, and Mother shall continue to provide
health and vision coverage for Gabriella.
The parties shall do nothing that may estrange the child from either party or hinder
the natural development of the child's love or affection for the other party.
10. Any modification or waiver of any of the provisions of this agreement shall be
effective only if made in writing.
11. The parties agree that in making this agreement there has been no fraud,
concealment, overreaching, coercion or other unfair dealing on the part of the other.
12. In the event of the breach of the agreement of the parties by any party, the
nonbreaching party shall have the right to file a petition for contempt of court and to seek specific
performance of the terms of the agreement of the parties.
13. The parties desire that this agreement be made an order of Court through the Court
of Common Pleas of Cumberland County, and further acknowledge that the Court of Common
Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child.
R
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms
hereof, set forth their hands and seals the day and year herein set forth.
WITNESSETH:
(SEAL)
MATTHEW D. CATALINE
STATE OF TENNESSEE
COUNTY OF
1'1 Q' harr N, _ (SEAL)
H
KATHERINE M. ARBE AST
:SS:
On this, the day of , 2009, before, the undersigned officer, appeared
MATTHEW D. CATALINE known to me (or satisfactorily proven) to be the same person whose
name is subscribed to the within instrument, and acknowledged that he executed this agreement for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(SEAL)
Notary Public
COMMONWEALTH OF PENNSYLVANIA :
:SS:
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COUNTY OF I?LLMbP.t"jOn this, the day of, W , 2009, before, the undersigned officer, appeared
KATHERINE M. ARBEGAST, known to me (or satisfactorily proven) to be the same person
whose name is subscribed to the within instrument, and acknowledged that she executed this
agreement for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
56tary Public
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STATE OF TSN MESSEM
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the p poeee the;ei>z uontaiaed.
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On this, the of 2W9, before, dw imdarWW vfoer, appemed
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smum m for the pug=" di Isla connoted.
IN WPINESS WHERIM, I my hmd and official scat
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JAN 2 3 20096
KATHERINE M. CATALINE,
(now Arbegast)
Plaintiff
V.
MATTHEW D. CATALINE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4162 CIVIL
IN CUSTODY
ORDER OF COURT
NOW, this ` day of January, 2009, upon Presentation
Stipulation and Agreement and upon agreement of the and consideratidn of the attached
the attached agreement is made an Order of Court. parties, it is hereby ordered and decreed that
Distribution:
Lindsay D. Baird, Esquire
For the Plaintiff
Nathan C. Wolf, Esquire _
For the Defendant
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