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HomeMy WebLinkAbout01-1755ANDREW H. CLINE, Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) ) ) v. ) NO. 2001- /'7~' CIVILTERM ) EILEEN CLINE, ) CIVIL ACTION - LAW Defendant ) CUSTODY COMPLAINT FOR PRIMARY LEGAL AND PItYSICAL CUSTODY AND NOW, PlaintiffAndrew H. Cline, by and through his attorney, Howett, Kissinger & Conley, P.C., files a Complaint for Primary Physical and Legal Custody against Defendant, Eileen Cline, and in support thereof, avers the following: 1. Plaintiff is Andrew H. Cline (hereinafter referred to as "Father"), who currently resides at 257 Carol Street, New Cumberland, Cumberland County, Pennsylvania, 17070 (hereinafter referred to as the "Marital Residence"). 2. Defendant is Eileen Cline (hereinafter referred to as "Mother"), who currently resides at 2536 Carben Street, Allentown, Lehigh County, Pennsylvania 18105. 3. Plaintiff seeks primary physical and legal custody of the following children: Names Haley Andrea Cline Catherine Ann Cline Present Address 257 Carol Street New Cumberland, PA 257 Carol Street New Cumberland, PA Dates of Birth August 19, 1988 July 14, 1990 The children were not bom out of wedlock. The children are presently in the custody of Father who currently resides at 257 Carol Street, New Cumberland, PA 17070. VERIFICATION I, Andrew H. Cline, hereby swear and affirm that the facts contained in the foregoing Complaint for Primary Physical and Legal Custody are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unswom falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANDREW H. CL1NE, ) Plaintiff ) ) v. ) ) EILEEN CLINE, ) Defendant ) NO. 20001- CIVIL TERM CiVIL ACTION-LAW CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO PA. R.C.P. 1915.13 AND NOW, Plaintiff Andrew H. Cline, by and through his attorneys, Howett, Kissinger & Conley, P.C. files this Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13 and in support thereof states as follows: 1. Plaintiff, Andrew H. Cline (hereinafter referred to as "Father"), is an adult individual who currently resides at 257 Carol Street, New Cumberland, Cumberland County, Pennsylvania, 17070 (hereinafter referred to as the "Marital Residence"). 2. Defendant, Eileen Cline (hereinafter referred to as "Mother"), is an adult individual who currently resides at 2536 Carben Street, Allentown, Lehigh County, Pennsylvania 18105. 3. The parties to this action are currently married but separated and are the parents of two children namely, Haley Andrea Cline, bom August 19, 1988 (hereinafter referred to as "Haley"), and Catherine Ann Cline, bom July 14, 1990 (hereinafter referred to as "Catherine"). 4. Simultaneously with the filing of this Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13, Plaintiff has also filed a Complaint for Primary Legal and Physical Custody of the parties' two children. 5. Mother has a history of alcoholism and unsuccessful attempts at treatment throughout the parties' marriage. 6. In 1999, Mother refused recommendations that she commence inpatient treatment for her alcoholism but reluctantly agreed to outpatient treatment. However, Mother continued consuming alcoholic beverages again and began to combine anti-depressant medication with the alcohol. Eventually, she developed a sex addiction, which combined with alcohol and drags, resulted in emotional abuse and neglect of the children. 7. Mother pursued relationships with a number of men. (Paul, Bernie, Jeff, Ron, Mario, John, "Mich", "Black Pelican" and Clint). The children were aware of these relationships, as Mother engaged in frequent telephone conversations, meetings, E-mail communications, and "Intemet sex" with these men in front of the children. Mother also entertained men in the marital residence in the presence of the children. 8. Mother kept a diary and copies of computer messages that contained graphic descriptions of her sexual interests and activities with the men she met. The children were aware of these documents and read them. 9. Mother neglected the needs of the children and often left them alone while she pursued liaisons with the men. 10. In October of 2000, following an intervention arranged by Father, Mother agreed to inpatient treatment through the Caron Foundation. However, after being at the Caron Foundation for only a few days, she decided to terminate said treatment program. 11. At that time, Father agreed to bring Mother home to the marital residence on the condition that she not consume alcohol, not be involved sexually with other men, and that she cease entering "chat rooms" on the intemet which had led to several sexual relationships. 12. Mother agreed to these conditions and on October 21, 2000, she returned to the marital residence. However, by October 24, 2000, Mother was consuming alcoholic beverages again to the point that she was stumbling drunk by the time Father returned from work in the evening. 13. On November 1, 2000, the parties' children informed Father that Mother had picked them up from school and driven them home in a drunken condition, as she had in the past. 14. On November 2, 2000, the parties's children telephoned Father at work and informed him that Mother had failed to pick them up from school that day and when they had returned home she was unconscious. Mother's condition continued to deteriorate to the point that, when her supply of alcoholic beverages was depleted, she began consuming the various food extracts at the marital residence. 15. On November 8, 2000, at Father's insistence, Mother indicated that she was ready to return to the Caron Foundation for inpatient treatment. Accordingly, on November 10, 2000, Mother was again admitted to a Caron Foundation rehabilitation facility. 16. While she was at Caron Foundation, Mother became involved with two different men (David and Skip). During this admission, Mother's sexual addiction was formally diagnosed. 17. Mother's counselors at the Caron Foundation referred Mother to a clinic for inpatient treatment for her sexual addiction. Mother refused. 18. On December 27, 2000, Mother was transferred from the Caron Foundation rehabilitation facility to a halfway house. 19. On January 5, 2001, Mother leR the halfway house and returned to the marital residence. Prior to her release and in a meeting in December of 2000, at the halfway house, between Father, Mother and Mother's therapist, Margfit Goodhand, the conditions of Mother's return to the marital residence were discussed and Mother agreed that she would not utilize alcohol and that she would cease sexual involvement with other men. Based upon Mother's representations in this regard, Father agreed to Mother's return to the marital residence. 20. Contrary to Mother's representations, as early as January 18, 2001, Father became aware that Mother was sexually involved with a man she met at rehabilitation and who is also an alcoholic. 21. When Father confronted Mother, Mother indicated that she hated Father and wanted a divorce. 22. Father is likewise desirous of a divorce. 23. Given Mother's past inability to maintain sobriety and, given her denial and refusal to enter treatment for her sexual addiction, Father believes that Mother is currently unable to provide appropriate care for the parties' children. 24. Moreover, Father believes that the conduct of Mother associated with her alcoholism and sexual addiction not only risks the children's physical well-being but also their emotional well-being. 25. Since her return home, Mother has continued pursuit of her sex addiction with the use of pornography in the marital residence and has continued to have telephone conversations with her paramour in front of the children. Mother also spends hours at a time away from the marital residence in pursuit of her relationship with her current paramour. 26. Mother has refused to participate in marriage counseling and has rejected requests for counseling for the children. 4 27. The children are hurt and emotionally disturbed by Mother's conduct, and they have expressed fear and anger with respect to Mother's paramours. 28. Father has taken part-time status with his employer in order to be able to provide appropriate care for and meet the needs of the children. 29. When Mother entered rehabilitation in October of 2000, Father became the primary caretaker of the parties' children. Since Mother's return to the home, she has not resumed appropriate responsibility for the children because of her alcoholism and sex addiction. 30. The children, ages ten and twelve have indicated a strong desire to continue residing with Father. 31. Mother has expressed her desire to leave the marital residence and to leave the children with Husband to raise. 32. Mother's mother resides in Allentown in a home that is appropriate for Mother to exercise her visitation. Father is willing to transport children to and from Allentown on alternating weekends from Friday at 6 p.m. until Sunday at 6 p.m. until further agreement of the parties or further order of court so long as the children reside at their grandmother's residence during such weekends and so long as the children have no contact with Mother's paramour or any other adult male friend of mother not a relative by blood or marriage. 33. Pa. R.C.P. 1915.13 provides as follows: At anytime after commencement of the action, the court may on application or its own motion grant appropriate interim or special relief. The relief may include but is not limited to the award of temporary custody, partial custody or visitation; the issuance of appropriate process directing that a child or a party or person having physical custody of a child be brought before the court; and a direction that a person posts security to appear with the child when directed by the court or to comply with any order of the court. 34. Due to the complex psychological issues in this case, a custody evaluation pursuant to Pa.R.C.P. 1915.8 is necessary and the custody evaluator appointed by the Court should have access to all of Mother's psychological records. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an interim order granting him majority physical and legal custody of the parties' two children and granting Defendant visitation with the children as provided for above and that the Court direct that this matter be scheduled pursuant to Cumberland County procedure for a custody conciliation at which time a custody evaluation shall be directed and that both parties shall cooperate with such evaluation, and Defendant shall execute whatever documents are necessary to release her full and complete psychological records to the evaluator. Date: 7/~t-/ol Respectfully submitted, HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Andrew H. Cline 6 VERIFICATION I, Andrew H. Cline, hereby swear and affirm that the facts contained in the foregoing Petition for Special Relief Pursuant to Pa.R.C.P. 1915.3 are tree and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date:-.~'~,~ Et') / Q~~~ Andrew H. Cline IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANDREW H. CLINE, ) Plaintiff ) ) v. ) ) EILEEN CLINE, ) Defendant ) NO. 20001-~_CIVIL TERM CIVIL ACTION- LAW CUSTODY TEMPORARY CUSTODY ORDER AND ]NOW, this ~O day Sf ~~ , 2001, upon consideration of the foregoing Petition for Special Relief Pursuant to Pa. R.C.P. 1 91 5.13 the court hereby, pending hearing, grants Plaintiff~and legal custody of the parties' two children, Haley A. Cline and Catherine A. Cline and grants Defendant ~ with the children as -- follows: 1. Every other weekend from Friday at 6 p.m. to Sunday at 6 p.m.; 2. Tho visitations are to occur at the maternal grandmother's residence in Allentown, Pennsylvania. 3. Defendant shall ensure that the children have no contact with any of her paramours or any other adult male friend not related to Defendant by blood or marriage. 4. Plaintiff shall provide the transportation. 5. This matter shall, pursuant to local procedure, proceed to a custody conciliation at s~hioh t;~'~',a cust6d~, ~c!'~tion shall [e diro~tod and ,~, ,~.luator id._..~$ a _ ._(a,,..----u~' ~-"01ody evala,~i i,~.~r ,1,~wdnDpfo~dant chaJ1 ~i, ff~ ~, / J. ANDREW H. CLINE PLAINTIFF V. EILEEN CLINE DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, March 30, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, April 23, 2001 at 1:00 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any 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: Is/ Melissa P. Greevy, £sq. 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. 1F YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANDREW H. CL1NE, ) Plaintiff ) ) v. ) ) EILEEN CLINE, ) Defendant ) NO. 2001-1755 CIVIL TERM CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF SERVICE I, Thomas E. Taylor, being duly sworn according to law, depose and say that I am a competent adult; that I served true and correct copies of the following documents on on the~ 7 day of March, 2001 at 1. A certified copy of the Temporary Custody Order entered by the Honorable Edgar B. Bayley on Mamh 26, 2001 pursuant to Plaintiff's Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13 filed with the Court on March 26, 2001; and 2. A time-stamped copy of the Complaint for Primary Legal and Physical Custody filed with the Court on March 26, 2001. SWORN to and subscribed before me this~2day of //~/M c'~ ,2001. /~/~ / , NOTARtAL SEAL DONNA M. WIE,qMAN, Notary Public ~'~4~ ¢_ /~, tlX~/Z~r/~q~, ., Susquehanna Twp. Dauphin Coun~ / Not~ Public My Commi~n Expires July 28, 2001 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANDREW H. CLINE, : NO. 2001-1755 C1VIL TERM Plaintiff : : EILEEN CL1NE, : CIVIL ACTION-LAW Defendant : CUSTODY ANSWER AND COUNTERCLAIM TO COMPLAINT FOR PRIMARY LEGAL AND PHYSICAL CUSTODY AND NOW, comes Defendant, Eileen Cline, by and through her attorney, Maria P. Cognetti, Esquire and files the following Answer and Counterclaim to Plaintiff's Complaint for Primary Legal and Physical Custody, and in support thereof, avers as follows: 1. Admitted. 2. Admitted. By way of further answer, Defendant was forced to move in with her mother and sister, who both reside at said address, after Plaintiff changed thc locks on the marital residence, and refused to provide Defendant with access to the house. Defendant was, therefore, left without clothes, medicine, food, glasses, transportation, or money. Defendant was, basically left stranded in the street by Plaintiff without the basic necessities of life. Admitted. By way of further answer, the parties are presently separated. Admitted. Admitted. 6. Admitted. 7. Denied. It is specifically denied that the best interest and permanent welfare of the children will be better served by granting the relief requested because Defendant suffers from alcoholism and another significant addictive personality disorder, which place the children at risk and Plaintiff is better able to provide the care the children need. By way of further answer, Defendant does not suffer from "another significant addictive personality disorder." In addition, there have been instances where Plaintiff has physically abused, neglected and abandoned Defendant. It is due to these occurrences that Plaintiff is in no condition to better care for the children than Defendant, and primary physical custody of the children should be COUNTERCLAIM 9. Paragraphs 1 through 8 of Plaintiff's Complaint and Defendant's Answer thereto are incorporated herein by reference thereto. 10. The best interests and permanent welfare of the children will be served by granting Defendant primary physical custody of the children because there have been instances where Plaintiff has physically abused, neglected and abandoned Plaintiff, and it is these circumstances which pose a threat to the health, safety and welfare of the children. awarded to Defendant. 8. Admitted. WHEREFORE, Defendant, Eileen Cline, respectfully requests that this Honorable Court award primary physical custody and legal custody of the parties' minor children to Defendant. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: May 8, 2001 By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, EILEEN CLINE, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Answer and Counterclaim to Complaint for Primary Legal and Physical Custody via fax, and by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Dated: ~--/~/O/ John C. Howett, Jr., Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 ~ ~. Sup. Ct. I.D. #27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 (717)909-4060 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney l.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANDREW H. CL1NE, Plaintiff EILEEN CL1NE, Defendant NO. 2001-1755 CIVIL TERM CIVIL ACTION-LAW CUSTODY ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW comes Defendant, Eileen Cline, by and through her attorney, Maria P. Cognetti, Esquire, and files this Answer to Petition for Special Relief and in support thereof states as follows: 1. Admitted. 2. Admitted. By way of further answer, Defendant was forced to move in with her mother and sister, who both reside at said address, after Plaintiff changed the locks on the marital residence and refused to provide Defendant with access to the premises. Defendant was, therefore, left without clothes, medicine, food, glasses, transportation, or money. Defendant was, basically, left stranded in the street by Plaintiff, who deprived her of the basic necessities of life. 3. Admitted. 4. Admitted. By way of further answer, said Complaint for Primary Legal and Physical Custody and Petition for Special Relief were both simultaneously filed on March 26, 2001, and a Temporary Custody Order was entered on the same day. However, Defendant was not able to present her position regarding this Petition to the Court, as she was not served with any of the foregoing documents until March 27, 2001. 5. Admitted in part, denied in part. It is admitted that Defendant suffers from the disease of alcoholism, however it is specifically denied that Defendant's attempts at treating her illness have been unsuccessful. By way of further answer, Defendant has been completely sober since December of 2000, and she continues to attend Alcoholics Anonymous three (3) times a week. 6. Denied. It is specifically denied that Defendant has refused recommendations that she commence inpatient treatment, as she has been seeing a therapist for over one (1) year. It is also specifically denied that Defendant has developed a "sex addiction," nor has Defendant ever emotionally abused or neglected her two children. 7. Admitted. 8. Admitted. 9. Denied. It is specifically denied that Defendant neglected the needs of the children and often left them alone while she pursued liaisons with men. Throughout all of Defendant's problems with her marriage and with her health, the children have always remained her number one priority, and Defendant has always placed their needs before her own. In addition, Defendant has always remained an involved parent, who has a loving relationship with her two children. 10. Admitted. By way of further answer, Defendant decided to terminate said treatment program for the sole reason that she wanted to be at home with her children. Defendant left the Foundation because Defendant had promised to make Halloween costumes for her children, and she was determined that she would not disappoint her daughters. 11. Admitted. By way of further answer, since the parties made said "agreement," Defendant made every effort not to be involved with any men, whether personally or via the internet, as she made a conscious effort to rebuild her marriage. Plaintiff, however, never joined Defendant in her efforts, and he destroyed any attempts to make the marriage work when he continued to emotionally abuse Defendant to the point that he finally threw her out of the marital residence. 12. 13. Admitted. Admitted in part, denied in part. It is admitted that Defendant may have been drinking prior to picking up the children from school on November 1, 2000. However, it is specifically denied that Defendant had ever driven the children home, on this date or any prior date, in a "drunken condition." 14. Denied. It is specifically denied that Defendant failed to pick up the children from school because she was at home and unconscious. By way of further answer, Defendant did not pick up the children from school because she fell asleep, an act which Defendant continues to regret to this very day. In addition, it should be noted that when the children informed their father that their mother was allegedly unconscious, Plaintiff was not concerned and made no effort to provide Defendant with any type of emergency medical attention. 15. Admitted. 16. Denied. It is specifically denied that Defendant has ever been formally diagnosed with a sexual addiction. 17. Denied. It is specifically denied that Defendant's counselors at the Caron Foundation referred Defendant to a clinic for inpatient treatment for her sexual addiction, and Defendant refused. By way of further answer, Defendant does not have, nor has she ever been diagnosed with, a sexual addiction. 18. Admitted. By way of further answer, on December 27, 2000, Defendant was transferred from the Caron Foundation to a halfway house because Plaintiff adamantly refused to permit her to come home to the marital residence and her two children. The counselors at the Caron Foundation had suggested that she be transferred to other facilities, however Defendant refused because these centers were located a very far distance away from her children. Therefore, in order to prevent Defendant from being forced to live on the street, the counselors at the Caron Foundation decided that the only option was that Defendant be transferred to the Rose Kearney House, which is a halfway house, located a short distance away from the Caron Foundation. 19. Admitted. By way of further answer, Plaintiff would not permit Defendant to come home, at that time, unless she made a "commitment to their marriage," to which Defendant agreed and was therefore permitted to return to the marital residence. 20. Denied. It is specifically denied that, as early as January 18, 2001, Plaintiff became aware that Defendant was sexually involved with a man she met at rehabilitation and who is also an alcoholic. Strict proof of the date for which Plaintiffavers is demanded at the hearing. 21. Admitted. By way of further answer, the years of physical and emotional abuse inflicted upon Defendant by Plaintiff, which have severely hindered and undermined her recovery from alcoholism, have left Defendant with no other alternative but that of divorce. 22. Denied. It is specifically denied that Plaintiff is likewise desirous of a divorce. By way of further answer, Plaintiff has continuously told Defendant that he would never give her a divorce, and in addition told Defendant's sister that any references to divorce made in any pleadings which have been filed in this case are nothing more than "lawyer talk." 23. Denied. It is specifically denied that Defendant is currently unable to provide appropriate care for the parties' children. By way of further answer, Defendant has never been diagnosed with a sex addiction, and she has continued to actively maintain her sobriety. Furthermore, alcoholism is a disease, and Defendant's constant straggle with said disease as well as with her past marital mistakes are no reason to punish her by denying her primary custody of her children. Defendant has always been a good mother. 24. Denied. It is specifically denied that the conduct of the Defendant risks the children's physical and emotional well-being. By way of further answer, Defendant has always played an active role in the lives of her children, and, since Plaintiff threw Defendant out of the residence and she was forced to move over an one hour away, being that far from their mother has taken its toll on these children. 25. Denied. It is specifically denied that Mother has ever used pornography in the marital residence, nor has she ever had romantic phone conversations with her alleged paramour in front of the children. Furthermore, Mother's past problems, in particular those with alcoholism, have never interfered with her ability to care for and to perform her duties as a Mother. 26. Denied. It is specifically denied that Defendant has ever refused to participate in marriage counseling, nor has she ever rejected requests for counseling for the children. By way of further answer, Defendant and Plaintiff had been attending marriage counseling, however, Defendant left the session because Plaintiff called her a horrible and vulgar name in front of the counselor, and Defendant would not tolerate such abuse by the Plaintiff. 27. Denied. It is specifically denied that the children are hurt and emotionally disturbed by Defendant's conduct, nor have they expressed fear and anger with respect to Defendant's alleged paramours. By way of further answer, the children have expressed that they miss their mother terribly and that they would like her to come home. The children have expressed anger, but it has been directed at the fact that their father continuously asks them, in the event of a divorce, with which parent they would like to live. 28. Admitted. By way of further answer, it is admitted that when Defendant was admitted to the Caron Foundation, Plaintiff took part-time status with his employer. Since Plaintiff has thrown Defendant out of the marital residence, whether Plaintiff still maintains part- time status with his employer is information which is strictly within the knowledge of the Plaintiff. 29. Admitted in part, denied in part. It is admitted that when Defendant entered rehabilitation in October of 2000, Plaintiff temporarily became the primary caretaker of the parties' children. It is specifically denied, however, that since Defendant's return to the home, she has not resumed appropriate responsibility for the children because o~ ~r alcoholism and alleged sex addiction. 30. Denied. It is specifically denied that the children have indicated a strong desire to continue residing with their father. By way of further answer, the cl~ildren have indicated a strong desire to be with both of their parents. 31. Denied. It is specifically denied that Defendant has ever seriously expressed her desire to leave the marital residence and to leave the children with Plaintiffto raise. 32. Denied. It is specifically denied that Defendant should be provided with partial physical custody. By way of further answer, Defendant should have primary physical and legal custody of the children. 33. Said paragraph is a statement of law to which no response is required. 34. Admitted in part, denied in part. It is admitted that a custody evaluation is necessary in this matter, however, it: is specifically denied that the custody evaluator should have access to all of Defendant's psychological records as said documents are confidential and Defendant will file a protective order if necessary in order to prevent such an invasion to her privacy. WHEREFORE, Defendant respectfully requests that Plaintiff's Petition for Special Relief be denied. Defendant prays that, until a custody conciliation conference has been scheduled, the Defendant have primary physical custody of the parties' minor children, with Plaintiff having partial physical custody. In addition, Defendant will cooperate with a custody evaluation, however, Defendant will not agree to execute whatever documents are necessary to release her full and complete psychological records to the evaluator. If necessary, Defendant will file a Protective Order in order to prevent any such invasions to her privacy. Respectfully Submitted, Mama & S O,C ATES MARIA P. COGNE~I, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 VERIFICATION I, EILEEN CLINE, hereby verify and state that the facts set forth in the foregoing document are tree and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom verification to authorities. EiL~t~N CLINE CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Answer to Petition for Special Relief via fax and by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Dated: John C. Howett, Jr., Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Maria P. Cognetti, l~41tfire Sup. Ct. I.D. #27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 (717)909-4060 MARIA P. COGNETTi & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANDREW H. CLINE, : Plaintiff : V. ; EILEEN CLINE, : Defendant : NO. 2001-1755 CIVIL TERM CIVIL ACTION-LAW CUSTODY ANSWER AND COUNTERCLAIM TO COMPLAINT FOR PRIMARY LEGAL AND PHYSICAL CUSTODY AND NOW, comes Defendant, Eilecn Cline, by and through her attorney, Maria P. Cognctti, Esquire and files thc following Answer and Counterclaim to Plaintiff' s Complaint for Primary Legal and Physical Custody, and in support thereof, avers as follows: I. Admitted. 2. Admitted. By way of further answer, Defendant was forced to move in with her mother and sister, who both reside at said address, after Plaintiffchanged the locks on the marital residence, and refused to provide Defendant with access to thc house. Defendant was, therefore, left without clothes, medicine, food, glasses, transportation, or money. Defendant was, basically left stranded in thc street by Plaintiff without thc basic necessities of life. Admitted. By way of further answer, the parties are presently separated. Admitted. Admitted. 6. Admitted. 7. Denied. It is specifically denied that the best interest and permanent welfare of the children will be better served by granting the relief requested because Defendant suffers from alcoholism and another significant addictive personality disorder, which place the children at risk and Plaintiffis better able to provide the care the children need. By way of furtber answer, Defendant does not suffer from "another significant addictive personality disorder." In addition, there have been instances where Plalntiffhas physically abused, neglected and abandoned Defendant. It is due to these occurrences that Plalntiffis in no condition to better care for the children than Defendant, and primary physical custody of the children should be COUNTERCLAIM 9. Paragraphs 1 through 8 of Plaintiff's Complaint and Defendant's Answer thereto are incorporated herein by reference thereto. 10. The best interests and permanent welfare of the children will be served by granting Defendant primary physical custody of the children because there have been instances where Plaintiffhas physically abused, neglected and abandoned Plalntiff~ and it is these circumstances which pose a threat to the health, safety and welfare of the children. awarded to Defendant. 8. Admitted. WHEREFORE, Defendant, Eileen Cline, respectfully requests that this Honorable Court award primary physical custody and legal custody of the parties' minor children to Defendant. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: May 8, 2001 By: MARIA P. 17OGNF~I, ESQUIRE Attorney 1.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, EILEEN CL1NE, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom verification to authorities. ElL-tEEN CLINE CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing ,~nswer and Counterclaim to Complaint for Primary Legal and Physical Custody via fax, and by depositing a tree and exact copy thereof in the United States mail, f~rst class, postage prepaid, addressed as follows: Dated: ~-/~/L~ / John C. Howett, Jr., Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108~ ~ Sup. Ct. I.D. #27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 (717)909-4060 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANDREW H. CLINE, : Plaintiff/Respondent : V. EILEEN CLINE, Defendant/Petitioner NO. 2001-1755 CIVIL TERM CIVIL ACTION-LAW CUSTODY ORDER OF COURT AND NOW, this day of ,2001, upon consideration of the Petition to Vacate the Temporary Cust~ Order. it is~by direct o March 26, 2001 ,be'vacated andf~at primary.!vh3)sical ' " ' 'f custody of the partio~wo children shall be immediatel2¢ placed with their mother, Eileen~Clinc, until resolution of custody is appropriately detertfiined througl~ a Custody/~onciliatio~ Confere~nce or Court hearing. J. MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANDREW H. CL1NE, Plaintiff EILEEN CLINE, Defendant NO. 2001-1755 CIVIL TERM CIVIL ACTION-LAW CUSTODY PETITION TO VACATE THE TEMPORARY CUSTODY ORDER AND NOW comes Petitioner, Eileen Cline, by and through her attorney, Maria P. Cognetti, Esquire, and files this Petition to Vacate the Temporary Custody Order and in support thereof states as follows: 1. Petitioner is Eileen Cline, who currently resides at 2536 Carben Street, Allentown, Lehigh County, Pennsylvania 18105. 2. Respondent is Andrew H. Cline, who currently resides at 257 Carol Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. The parties to this action are currently married but separated and are the parents of two children namely, Haley Andrea Cline, bom August 19, 1988 and Catherine Ann Cline, bom July 14, 1990. 4. The children always resided with their Mother until Father threw Mother out of the marital residence without cause, forcing Mother to move to her mother's residence, which is over an hour away from the children. 5. On March 26, 2001, Respondent filed a Complaint for Primary Legal and Physical Custody of the parties' two children, and simultaneously filed a Petition for Special Relief. The Court immediately entered a Temporary Order on March 26, 2001, which granted Respondent primary physical custody of the children, with Petitioner having periods of partial physical custody of the children at the maternal grandmother's residence in Allentown, Pennsylvania. 6. The Complaint and the Petition for Special Relief were presented to the Court by John C. Howett, Jr., Esquire, counsel for the Respondent on March 26, 2001. 7. Petitioner was not served with either the Complaint, the Petition for Special Relief, nor the Temporary Custody Order until March 27, 2001, which was after its entry. See Exhibit A as attached hereto. 8. Because Petitioner was not timely served with the foregoing documents, Petitioner was not represented by counsel during the period when these pleadings were presented to the Court, and Petitioner was not in attendance when the Court issued the Temporary Custody Order. Consequently, there was no opportunity for Petitioner's position to be presented to the Court before entry of the Temporary Order. 9. There were no allegations of an emergency nature which would warrant that the ex parte special relief be granted. 10. Since no emergency existed, Respondent's conduct, in failing to serve Petitioner with said pleadings, demonstrates a clear intent by Respondent to deny Petitioner of her custodial rights without her knowledge. WHEREFORE, Petitioner prays this Honorable Court vacate its Temporary Custody Order dated March 26, 2001, and that primary physical custody of the parties' two children shall be immediately placed with their mother, Eileen Cline, tmtil resolution of custody is appropriately determined through a Custody Conciliation Conference or Court hearing. By: Respectfully Submitted: MARIA P. COG~ETT~I & ASSOCIATES MARl^ V. COGNFff I, ESQVIm Attorney I.D. No. 279'14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner VERIFICATION 1, EILEEN CL1NE, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. E1LEEN CLINE Exhibit A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANDREW H. CLINE, ) Plaintiff ) ) v. ) ) EILEEN CLiNE, ) Defendant ) NO. 2001-1755 CIVIL TERM CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF SERVICE I, Thomas E. Taylor, being duly swum according to law, depose and say that I am a competent adult; that I served true and correct copies of the following documents on on the/X~ day of March, 2001 at 1. A certified copy of the Temporary Custody Order entered by the Honorable Edgar B. Bayley on March 26, 200I pursuant to Plaintiff's Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13 filed with the Court on March 26, 2001; and 2. A time-stamped copy of the Complaint for Primary Legal and Physical Custody filed with the Court on March 26, 2001. Date: ~,-~ oZD~ ' O/ ~m~as E.~Tay.~.~or ~.. ~-~~ . SWORN to and subscribed before me thisA,~day of /r~F,4 r'~ ,2001. ~ DONNA M. WIERMAN, Notary Public ~ 4. ~ ' ~/2;/,~ J Susquehanna Twp.. Dauphin County / Notary rubhc My Commission Expires July 28. 2001 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant/Petitioner herein, do hereby certify that on this date I served the foregoing Petition to Vacate the Temporary Custody Order via fax and by depositing a tree and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Dated: John C. Howett, Jr., Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Maria P. (7ognetti, t~lluire Sup. Ct. I.D. //27914 210 Crrandview Avenue, Suite 102 Camp Hill, PA 17011 (717)909-4060 ANDREW H. CLINE, Plaintiff VS. EILEEN CLINE, Defendant IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1755 CIVIL ACTION - LAW CUSTODY Bayley, J.--- TEMPORARY ORDER OF COURT ~'~Zb4"~'May, 2001 AND NOW, this ;/,-ll~'aay of May, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The Order of March 26, 2001 is VACATED. The parties, Andrew H. Cline and Eileen Cline shall have shared legal custody of the minor children, Hayiey Andrea Cline born August 18, 1988 and Catherine Ann Cline born July 14, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Father shall have temporary primary physical custody. While Mother resides with the Maternal Grandmother, Mother shall have physical custody as follows: May 11,2001 through May 13, 2001; May 25, 2001 through May 28, 2001; June 8, 2001 through June 25, 2001; and July 15, 2001 through July 22, 2001. The custodial periods begin and end at 6:00 p.m., unless otherwise agreed. No. 01-1755 Civil Term Mother shall ensure that the children have no contact with any of her paramours or any other adult male friend not related to Mother by blood or marriage. 5. Transportation incident to Mother's periods of custody shall be shared. Should either party be taking the children away from that party's residence over night, the shall notify the other party of the location and phone number where they may be reached. 7. Mother shall participate in counseling with the children. The parties shall submit themselves and their minor children to an independent custody evaluation by Dr. Arnold Shienvold, The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties, The parties shall extend their cooperation to Dr. Shienvold in the process of the evaluation and scheduling of appointments to complete the evaluation in a timely fashion. Cost of this evaluation shall be initially be paid by Father. However, Father's right to file the appropriate petition to request contribution from Mother is reserved without prejudice. The Custody Conciliation Conference shall reconvene at the office of the Conciliator, Melissa Peel Greew, Esquire 214 Senate Avenue Suite 105 Camp Hill, Pennsylvania on July 23, 2001 at 3:00 p.m. Dist: Maria Cognetti, Esquire Donald T. Kissinger, Esquire BY THE C-h~O~X Edgar B. Bayley,~ .~ ANDREW H. CLINE, : Plaintiff : ., VS. EILEEN CLINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1755 CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLYIN CUSTODYOF Hayley Andrea Cline Catherine Ann Cline August 18, 1988 Father July 14, 1990 Father 2. A Custody Conciliation Conference was held on May 9 2001, with the following individuals in attendance: the Father, Andrew H. Cline, and his counsel, Donald T. Kissinger, Esquire; the Mother, Eileen Cline, and her counsel, Maria Cognetti, Esquire. attached. Date Through counsel an agreement was reached in the form of an Order as Melissa Peel Greevy, Esquire Custody Conciliator ANDREW H. CLINE, VS. EILEEN CLINE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF'~' CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1755 : : CIVlLACTION - LAW : CUSTODY TEMPORARY ORDER OF COURT AND NOW, this r~ day of August, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Andrew H. Cline and Eileen Cline, shall have shared legal custody of the minor Children, Hayley Andrea Cline, born August 18, 1988, and Kathryn Ann Cline, born July 14, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Father shall have temporary primary physical custody. Mother shall have partial physical custody from Thursday through Saturday, August 2, 2001, through August 4, 2001. During the remaining weeks until the commencement of the 2001-2002 school year, Mother shall have custody from Wednesday through Friday each week. Once the Children have begun school for the 2001-2002 school year, Mother's periods of custody shall be each week from after school on Fridays until Sundays at 7:00 p.m. Mother's periods of custody will alternate between Allentown and Harrisburg, with the first week of August commencing the first week in Harrisburg. 3. The parties shall consult with each other and agree on a location of a hotel in the Harrisburg area where Mother can stay during her periods of custody. If the parties cannot agree, the parties will mediate via counsel or Ms. Salem to reach a resolution as to the location of the local hotel. Father will bear the expense of the hotel for Mother's visits in Harrisburg until such time as Mother relocates in the Harrisburg area. Unless otherwise agreed, Mother will occupy the marital home with the Children in Father's absence for her periods of custody. No. 01-1755 Civil Term 4. Each party will contact the office of Dr. Arnold Shienvold by close of business on July 25, 2001, to initiate the process of an independent custody evaluation. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation to complete this evaluation and in the scheduling of appointments in a timely fashion. The cost of the evaluation shall initially be paid by Father. However, Father's right to file the appropriate petition and request contribution from Mother is reserved without prejudice. 5. Mother shall ensure that the Children have no contact with any of her paramours or any other adult male friend not related to Mother by blood or marriage. 6. Transportation incident to Mother's periods of custody shall be shared. 7. Should either party be taking the Children away from that party's residence overnight, they shall notify the other party of the location and phone number where they can be reached. 8. The parties shall continue in counseling with Deborah Salem at inner Works with the Children. The next appointment is August 3, 2001, at 4:30 p.m. 9. This Order is temporary in nature and may be modified by agreement of the parties. 10. The Custody Conciliation Conference shall reconvene at the office of the Conciliator, Melissa Peel Greevy, Esquire, 215 Senate Avenue, Suite 105, Camp Hill, Pennsylvania, on October 22, 2001, at t~J:00 a.m. Oist: BY THE COUR'F;~,J Maria P. Cognetti, Esquire, 210 Grendview Avenue, Camp Hill, PA 1701 Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17101 ANDREW H. CLINE, VS. EILEEN CLINE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1755 : : CIVIL ACTION - LAW : CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hayley Andrea Cline Kathryn Ann Cline August 18, 1988 July 14, 1990 Father Father 2. The parties' second Custody Conciliation Conference was held on July 23, 2001, with the following individuals in attendance: the Father, Andrew H, Cline, and his counsel, Donald T. Kissinger, Esquire; the Mother, Eileen Cline, and her counsel, Maria P. Cognetti, Esquire. Temporary Order of Court, Date The parties reached an agreement in the form of an Order as attached for a second Me,ssa Peel Groovy, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANDREW H. CL1NE, ) Plaintiff ) ) v. ) ) EILEEN CLINE, ) Defendant ) NO. 01-1755 CiVIL ACTION - LAW CUSTODY FINAL CUSTODY ORDER ~> day of ~ ~, 2002, the court having been advised of AND NOW, this . _ the agreement of the parties in regard to custody of their minor children, the court hereby ORDERS, ADJUDGES, and DECREES as follows: 1. Legal Custody. Andrew H. Cline, Plaintiff (hereinafter referred to as "Father"), and Eileen Cline, Defendant (hereinafter referred to as "Mother"), shall have shared legal custody of their minor children, Haley Andrea Cline (hereinafter referred to as "Haley"), bom August 19, 1988, and Catherine Anne Cline (hereinafter referred to as "Catherine"), bom July 14, 1990, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C.S.A.§5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence, address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. of the children. 3. the children as follows: Majority Phvsieal Custody. Father shall have majority physical custody Partial Phvsical Custody. Mother shall have partial physical custody of (a) Weekends. Every weekend but the third weekend of each month from Friday at 5:30 p.m. until Sunday evening at 8 p.m, however, during non-school months the return time shall be Sunday evening at 9:00 p.m.; (b) Weekday. Every Wednesday from 5:30 p.m. to 8 p.m however, during non-school months the return time shall be Thursday morning at or before 9:00 a.m.; (c) Other Times. At all other times as the parties may agree. 4. Holidays. The parties shall share the holidays as follows: Even-Numbered Years Odd-Numbered Years Easter F M Memorial Day F M July 4th M F Labor Day F M Thanksgiving M F Christmas Sch. A M F Christmas Sch. B F M The times for the holidays are as follows: (a) Easter and Thanksgiving: 9:00 a.m. on the holiday until 9:00 p.m.; (b) Memorial Day. Labor Day and July 4th: From the time the parent is released from work the day before the holiday until 9:00 p.m, on the holiday day; (c) Christmas Schedule A: December 24~ at 12:00 p.m. Noon until December 25~ at Noon; (d) Christmas Schedule B: December 25e~ at Noon until December 26~ at Noon. (e) Mother's Day Weekend/Father's Day Weekend. Notwithstanding the above, Mother shall always have custody of the children on Mother's Day weekend and Father shall always have custody of the children on Father's Day weekend fi.om Friday at 5:30 p.m. through Sunday at 8:00 p.m. Holidays shall take precedence over the other provisions of this order. 5. Summer Vacation. During the summer when school is out of session, each parent shall be entitled to two non-consecutive or consecutive weeks of uninterrupted custody fortification, subject to the following: (a) A week is defined as seven (7) consecutive overnights; (b) Neither party shall schedule his or her summer vacation during the other parent's July 4th holiday; and (c) Each parent shall provide sixty (60) days advance written notice to the other of his or her intent to exercise his week or weeks of custody. The parties acknowledge that in the summer of 2002 Father shall be entitled to custody of the children the week of June 8, 2002 through June 15, 2002. 6. Transportation. Transportation incident to Mother's periods of custody shall be shared. 7. Telephone Contact. Each parent shall have reasonable telephone contact with the children when the children are in the custody of the other parent. 8. Children's Address. Should either party take the children away from the party's residence overnight, he/she shall notify thc other parent of the location and phone number of where he/she can be reached. 9. Alcohol Prohibition, Mother shall abstain from the use of alcohol at least twenty-four (24) hours before and during her physical custody periods. 10. Anti-Alienation. Neither parent shall take any steps or allow third parties in their presence to take any steps which would alienate the affections of the children from the other parent. CONSENTED TO: Counsel for Def~dant t