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HomeMy WebLinkAbout00-00979 , , I 0" ;: - ", ", _c,- , '~._: 62/28/2666 11:21 ?, 7184941776 HOWARD M FILE ES) PC PAGE 61 HoWARD U "'c. -M- ILB 4fqUl"ll6 ^TrO~EYS AT Lhw UO CHIUnOPHER LANE SIIITEl02 STATEN isLAND, NV 10314 fIow.....M. 'SloE- MuTll'fRUlJIHI"It:t/ll lAMD&u< TQewl4nTosH 00 CO<oIIII. TELEPHONE (718) 494-8800 FACSIMILE (718) 494-1776 NEW V""" 0t7Icc 1151lu1Ul "_QI NIW YORK, NY 1001. Ill') 75].7'10 TOu."'II.t-lQO-L.\W-37l17 ROIIltT A. 'Aa.ML&. JR... "NlwYOIKAHJI'ImCrYI-VAfiL\ aMl ..,..,.. YWK. "",'..."AIIPWA$K. b.C..... t:w ,/ tJ,~ b/7)';>' <I'l"S7JS-- FRO~~~ ?;t; TO: JUt: TIME: -, DA tt: NUMBER O:r PAcms, INCLUDING COYBR. ~augs,: MB&-C;AG~ , . , TRIS "(USACE IS INTENDEII OIlLI' FOil TIIB I'I1RSONM, US" OF Tn6 ,IDDIrF.SSEE AND MAr coHTAJ. INFORM A "ION ""A r IS l-RI,VIl.HGFD AND CONFIDBNTIJJ, u: \"OU Ak6 ....C1tnta.NTeHDEOklCiPID',.. yoU /tJ H_V IlO'I'V'lEDTRAT Nfl' UVUlW 01\ I>WIEMll<ATIOIlOF 'I1l1S CONMUHlCATlON lS~l' ",OI\llUftD. "'..J.e HAY1>QCGYEI)'n11$ CClNM\lNICA~lrl PllOR.l'UAIIlNOTlFl' us IMNEDIATU.Y8" tu.IPHOt'\!. Tlw<< V~ If YOII DCDJlQTQCIlIVl;A!L Of TIU! 'AOP,OIl FlNDTlIATTlleV AIU! 1LLE018LE. I'LL\SE<:.\Ll. O,EAATIlf!,,.s SO(. ,.s --..E T1<1S ~1Otl1S IY A XUOX 7OlD1'IIUCOVY MAClUNIt , , "..1-, '" ",- ~2/28/2000 11:21 , 718494177& ~OWARD M FILE ESQ PC PAGE 02 HOWARD,D "Co M-.l.~ ^TrORNEYS ^T LAw 'UO CInusToPRER LANE Sumt 1~ SfATEN IslAND, NY 10314, NtwYOIIICOmcl' .15 TlaIuI AVDU& NtwYOM,NY 10022 (lO) 7SZ-'I210 TOu._'I~W-3m -......- 1oeIa'A. 'AUIU..'~." -.- -.... T~'14Jl1'OlH Clr""'-- TEl.EPKom (718) 4M-8800 FACBIMILE(718) 494-1776 ' .MawYOldtAMI~VAPCIA'" ..."*wv..... ....IUa\'NCDWlllll. o.c au February 28, 2000 Robert L, O'Brien, Esq. O'Brien. Batic& Scherer 17 West South Street Carlisle. PA 17013 Re: ,Hudson v. H;udSon , Dear Mr. O'Brien; , , ' Please be $tvised that,I repres;,nt Wiliiam H~son i!l regard ~oa custOdy prOCeeding lie " " has commenCed in Supreme Court, ~e\wiond County, City and Stale of-New York, ",' . We haVe ~tly obtained a te~po~R,l<straininS Order'ban.1ng Cluistmil!'tudson ,from enforcing any Order that may have been issued!>y the CoUrt 9f Common PI~~ of , , ",' cumberllmd, PCllJUYlvaniil. (am' enclosing 'herewith a, courtesy ,copy: of bOth ~e , :' TeJn}'Orary Restrainil1l! Order ~ ~e petitioirforCustody. ' IfYQU woUkllike to .~~ '., , 'serVice of' these ~ on tiehidf of. ChriStina 'HudSon, 'pl\lllSC: advise , accordingly, . . ..otherwise we will,amuige'to have b. seryed tbrougb the local Sheriffs Office. . Sh~~ldyou~h to discuss this matter at 'greater length, please con~t the w1dersiinedat: , , , your earliest convenience. ' ,- Vi ARD M.FILE, ESQ. . , Enclosures Via Facsimile & Overnight Mail ec: Rev. William Hudson ' '--;-'- 7/'( -'i 7" - 73// ;3 7~ ~ J..2Oll /YL(j#~ ". - "' "' ,---___"'1 ,. ,~, .' c "'i ~ ,62/28/2666 11: 21 , <,' ,_1 ," 0' '''-=- ~ e , ,. 7184'341776 HOWARD ~ FILE ESQ PC PAGE 03 ~~ At an ~ Part ~ ~f the Supreme Court of the State of New York held In and for the County of Richmond at The Courthouse thereof located at the Home Port, 355 Front Street, Staten Island, New York on the ~~day of February 2000. ---- PRE S E NT: HON. PATRICIA M. DiMANGQ JUSTICE. --------------------------------------x In the Matter of a Proceeding For Custody WILLIAM L. HUDSON, ORDER TO SHOW CAUSE (Uniform Child Custody Jurisdiction Act) 7 Index NO''8()64/dU Petitioner, -against- CHRISTINA R. HUDSON, Respondent. ---------------------------------------K Upon the annexed Petition of WILLIAM L. HUDSON verified the 25th day of February 2000, the Affidavit of WILLIAM L. HUDSON sworn to the 25th day of February 2000. the Affirmation of HOWARD M. fILE, ESQ, dat:ed February 25, 2000, and upon all the papers arid proceedings had heretofore herein, let the responcent show cause befcre . mi I I , f th' Hon. Justioe patricia Dl.Mango at a .-n .Part ..LJ.- 0 1S Court located at the Supreme Court, Richmond County, Horne Port, 355 Front Street:, Staten Island, ~ew York on the ~ day of March 2000 at 9:30 a.m. in the forenoon of that day, 1 ~. .--,'"", ,. ..1, ',_., ~l',; . a2/28/2aaa 11:21 PAGE a4 718494177& HOWARD M FILE ESQ PC or ac ooon thore~ftor ~e oounQQl ean b~ hA~rrl. why ~n nrnPT should not be entered (a) enjoining respondent frOlf, prosecuting and/or enforcing any Order of Custody issued by the State of Pennsylvania pending the hearing and determination of this action, (bi granting petitioner temporary custody of the infant child 'Mary Clare Hudson; and (c) for such other and further relief as to the Court may deem just and proper under the circumstances. ORDERED that pending the hearing and determination of this action, it is hereby ORDERED that any custody proceedings cOllUllenced by the respondent in the Court of Common Pleas of Cumberland County, Pennsylvania and any Orders issued therefrom be and the same ,'are hereby stayed pursuant to the provisions of Section 75-g of the Domestic Relations Law until further '. Order of this Court; and it is further ORDERED that service of the within Order to Show Cause and its supporting. papers, together with the Petition for cus~~~P~4~' respondent, ~i~~if~ and requlAr ~r'l on or CHRISTINA R. HODSON, by ,{^ day of before the 2 "~" '",~, - ,I ",,_1 62/28/2666 11:21 , 7184941776 HOWARD M FILE ESQ PC PAGE 65 March 2000 at- l~ F.:lI~'" t"i...Jt't'a'Qd, ~a!'1~a1.9. pVAA8~.1.all':d lJv13 shall be deemed good and sufficient service. E N T E R \lJl!l~~ J.S.C. HON. PATRICIA M. DiMANGO JU~nCE OF THE SUPREME COURT 3 . " .",1", "'~" ,~ 82/28/2888 11:21 718494177& NOWARD M FILE ESQ PC PAGE e& , SUPREME COORT OF THE STATE OF NEW YORK COUNTY OF RICHMOND --------------------------------------K In the Matter of a Proceeding For Custody . AFfIDAVIT WILLIAM L. HUDSON, Petitioner, (Uniform Chi ld Custody Jurisdiction Act) , Index No. W{~CO -against- CHRISTINA R. HODSON, Respondent. ---------------------------------------K STATE OF NEW YORK ) 55. : COUNTY OF RICHMOND ) WILLIAM L. HUDSON, being dJly sworn, deposes and swears: 1. Your deponent is the petitioner named in the above captioned proceeding and, as such, I am fully familiar with the facts and circumstances surrounding ~his action. I make this affidavit in support of the within application for an Order enjoining the respondent from enforcing any Custody Orders issued out of the State of Pennsylvania related to my infant daughter Mary Clare Hudson pending a hearing and determination of my within Petition for Custody. 2. The respondent CHRISTINA R.' HUDSON and I were married on January le, 1986 in the State of Pennsylvania. 4 ~," ... 1,,- -- 82/28/2888 11:21 7184941776 HOWARD M FI~E ESQ PC PAGE El7 '. 3. Thereafter my wife and I were divorced in the State of Ohio pursuant to a Oi vorce Decree annexed hereto " and marked hereof Exhibit "Au. 4. There were two (2) children born during our mi;lrriage, to wi,t, Mary Clare Hudson born May ?, 198?, and Charles William Hudson born July 29, 1988. 5. The Ohio Divorce Decree doe~ not address the issues of custody, visitation, and child support. 6. I have been a resident of the St~te of New York for over eight (8) months and am currently residing at 280 Bement Avenue, Staten Island, New York. I am also the Pastor of the Calvary Presbyterian Church located at 909 Castleton Avenue, Staten Island, New York. 7. .. I make this application and bring this Petition for Custody due to the fact that my infant daughter Mary Clare, who is now 12-1/2 years old, has resided with me for approximately one (1) month and does not wish to return to her mother because she has been total.ly neglected by the respondent. 8. In particular. my ex-wife has stated to me that Mary Clare, while under her exclusive care, has become sexually promiscuous, a truant from school, a~d her school grades have deteriorated significantly. Additio~a1ly. Mary Clare has expressed to me that she does not feel sa fe in ~ v :...,',1 "' . 82/28/2888 11:21 " 718494177& HOWARD M FILE ESQ PC PAGE 88 respondent's custody. 9. I verily believe that it would be in Mary Clare's best interest if she remained in my custody since, as Pastor of the Calvary Presbyterian Church, I can provide a safer environment that hopefully will undue the harm that h03 been CQuocd to her while in my 9x-wife's custody. 10. Upon information and belief, my ex-wife recently made application to the Court of Common Pleas of Cumberland County, Pennsylvania for temporary custody of Mary Clare, however it appears that an Order of that Court was issued on February 22 setting a hearing date for February 24, without any advance notice to your del'onent. I thus was unable to timely appear or contest my ex-wife's application and the C'Ourt in Pennsylvania may have issued a temporary order in my absence. 11. Insofar as Mary Clare is nOW residing with me in the State of New York and has expressed a desire to remain in my sole custody due to her mother's neglect, ! respectfully pray for the relief requested herein. I') ~, a2/28/2aaa 11:21 7184941776 HOWARD M FILE ESQ PC """ ,",o,d';, . , L.~ PAGE a9 12. No previ,ous application has been made for the relief requested herein. vJ WILLIAM Sworn to before, me this day of February 2000. 1Ze~. IIAIllA Ilf.UJllER Cono. .. aI Ooodf. ClIral_"""'Ha.H66 . C4llIIIc* fIIlId ill R..... CalJIlyJ--O ( I ",,"_..tllkf" ~~ 1....J.W- 1 .. - E12/28/2E1E1E1 11:21 " " " ,,' >~' k~" ._ ~ii 7184941776 ~OWARD M FIlE ESQ PC PAGE lEi SUPRBME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND --------------------------------------1( In the Matter of a Proceeding For Custody AFFIRMATION WILLIAM L. HUDSON, Petitioner, (Uniform Child Custody ,1urisdiction Act) / ) Index No.1a{,4;o~ , -again9t- CHRISTINA R. HUDSON, Respondent. ---------------------------------------x HOWARD M. FILE, ESQ., being an attorney duly admitted to practice law in the State of New York, affirms the following under the penal ties of perj ury,: Your affirmant is the attorney for the petitioner named in the above captioned proceeding and I make this affirmation in' support of the wi thin application for certain injunctive and relief pending the hearing determination of the petitioner' 9 request for custody of the infant child Mary Clare Hudson. This application is being made pursuant to Section 75-g of the Domestic Relations Law, Article 5A of the Domestic Relations Law, and the companion Family Court Acts, Sections 467, 549, 651, 652 and 654. The infant child is now in the physical custody of the petitioner in the State of New York and s.he has e><pressed 8 e2/28/2eee 11:21 , . ;L~--J- ~,'c - 7184941776 HOWARD M FILE ESQ PC PA3E 11 to me her desire to remain with her father since she fears for her physical safety if left in the care of her mother. It that while under the appears of care the respondent/mother, Mary Clare has been falsely accused of being" sexually ,promiscuous, a truant from school, and her school grades have suffered accordingly. Based on my interview of the infant child, I verily submit that it would be in the best interest of Mary Clare to remain in the custody of her father" who is the Pastor of calvary Presbyterian Church located at 909 Castel ton Avenue, Staten Island, New York. In this environment, the infant child wi.ll certainly have the opportunity to feel safe and free from unfounded amoral behavior and thus achieve family morals and values that have been laCking for several years. In view of the foregoing, your affirmant respectfully prays for the relief requested herein. Dated.: Staten Island, New York February 25, 2000 , ~ H~ D M. FILE, ESQ. 9 .e2/28/2eee 11:21 - ~,' i __ '~;I, , - c_ iillllilii!ill!ltfi. 7184941776 HOWARD M FILE ESQ PC PAGE 12 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND --------------------------------------x In the Matter of a Proceeding For Custody PETITION FOR CUSTODY WILLIAM L. HUDSON, Petitioner, (Uniform Child Custody Jurisdiction Act) 1 Index No.s?D~/oO -against- CHRISTINA R. HUDSON, Respondent. --------------~-----------.------------x The undersigned HUDSON. petitioner, WHLIlIM L, respectfully shows that: 1. Petitioner, WILLIAM L. HUDSON, is a resident of the County of Richmond, City and State of New York,' and resides at 280 Bement Avenue, Staten Island, New York. 2. Petitioner is the natural father of the infant child, Mary Clare Hudson, born May 7, 1987. 3. The respondent, CHRISTINA R." HUDSON, is the ex- wife of the petitioner and mother of the infant child Mary Clare Hudson and currently resides at 14 East Oakwood, Carlisle, Pennsylvania 17013. 4. This proceeding is being commenced for the purpose of awarding physical custody of the infant child Mary Clare Hudson to the petitioner. 5, The name. present address. ace and d~te of birth - , 1 1-,- ,< ',__ .82/28/2888 11 : 21 7184941776 HOWARD M FI~E ESQ PC PAGE 13 the child affected by this proceeding is as follows: (a) Mary Clare Hudson (b) Present Address: 2BO Bement Avenue, Staten Island, New York; (c Date of Birth: May 7, 19B7. 5. That peti tioner and respondent were divorced on or about March 17, 1999 in the State of Ohio by a Divorce Decree which did not address the parental rights, responsibilities, child support and/cr visitation of the infant children of the marriage, including the infant child Mary Clare Hudson. 6. That since in or about February 18, 2000, the infant child Mary Clare Hudson has resided with the petitioner in the State of New York and has expressed a desire to remain in petitioner's sole physical custody because she is in fear of her safety if left in the care of the respondent. - 7. That upon information and belief, it would be in the best interest of the infant child Mary Clare Hudson to remain in the sole and exclusive physical custody of the petitioner due to the fact that the respondent has neglected said infant child, infant child of being sexually and has caused her schcol has falsely accused said promiscuolJs and a truant, grades to deteriorate 2 82/28/2888 11:21 7184941776 ','00__ ,'"1".;',, HOWARD M FILE ESGl PC P43E 14 accordingly. WHEREFORE, petitioner prays for an Order awarding custody of the infant Mary Clare Hudson named herein to the petitioner, and for such other and further relief as to the Court may dete~roine just and proper. Dated: Staten Island, New York February 25, 2000 Yours, etc. HOWARD M. fILE, ESQ., F.C, ~ttorney X Petitioner BY: HOWARD ESQ. 260 Christopher Lane Suite 102 Staten Island, New York 10314 (718) 494-8800 3 ~~~ 82/28/2888 11:21 - i ,<~."e I ' ';"-]~Fj 7184941776 PAGE 15 HOWARD M FILE ESQ PC STATE Of NEW YORK 53. : COUNTY OF RICHMOND swear: I I WILLIAM L. HUDSON, 'being duly 'sworn, depose and I am the p~titioner named in the within action; r have read the foregoing Petition for Custody and know the contents thereof; the same, is true to my own knowledge, except as to the matters therein stated to be alleged on informCltion and belief, and as to those matters I believe it to be true. ~ Sworn to before me this of fl!ru:Y', 200~ ,Q~ pu/, 'ic MARIA BELLMIER Com/llIIIlOMr of Deeds ,/ CI\lIof N..,Voric No. s-866 Ce/lWIcale RIM In Rlehmond CoVfIly,,/ftj I CommillIOl'E'Pi'''''onI1.,14_/' . - a2/28/2aaa 11:21 Exhillit A ~, ' ,,,. ,,,k,~,, 7184941776 HOWARD M FILE ESQ PC PAGE 16 Ozrzorzooo 11.Z1 T10",';I",1<TO .; ." ,u' , ',-,,- ',", ., nOWR~D ~ ~I~C C~~ ~C ,Rae 1 T ~"" ....'...'... ... ... il l. 1"'. :": i"._~~.....,.., ~ -".. "'! .- " ,f'. i ~.~,~..j.l t '.: ~.;:~~,: ",,'"',; ~",I",",~",,,-,"'~E;,=, '0.,' ,-.,- " rfl' .. , "c"J,'JK'; '::''''1 .~:~. . .t'.'U' \,v....,1 '; CLERK Of CO'.)~, ; ., , IN THE COURT OF COMMON PLEAS , OMSION OF DOMESTIC RELA nONS STARK COUNTY, OHIO --.1 . WILLIAM L. HUDSON } : 71 West Summit Street } ! Alliance, Ohio 44601 } ! SSN: 434.98-5868 } . 008: 01-14.55 } , Employer: Sebring Presbyterian Church } } } } } } } } I I } } } } Plaintiff . vs. CBRlSTINA R. HUDSON 14 East Oakwood Carlisle, Pennsylvania 17013 SSN: 184.38.7293 OOB: OS-IS-56 Employer: Carlisle Area Schools Defendant CASE NO. 19\1S-DR.1206 JUDGE STUCKI AGREED JUDGEMENT ENTRY This malter came before the Court upon the Plaintift"s Complainl for divorce. The Court finds that the parties stipulate as follows: I. The parties were manied January 18,1986 in G81tOIl, PeMSylvania. 2. The parties separated on or aboUl October I, 1996 and have continuously lived separate and apart without cohabitation since that date, for a period in eltcess of one year. 3. A parent child relationship exists in ac:cordance with Ohio Revised Code ~3l11.01lhrough g3111.19 with two cllildren; MARY CLARE HUDSON BORN: May 7,1987 and CHARLES Wn.LIAM HUDSON BORN: July 29, 1988 4, The children have conlinuously been residents of the Stale ofPeMsylvania since the dale of the parties separation on or about October I, 1996. 82/28/2888 11:21 ,'., .1 7184941776 - ,I: ^~;". ' ,",- .~ .' .,' ~O~ARD M "I~E ESQ PC PAGE 18 ;1 .i , 'j 5, The panies have divided all personal property, furnishings, and bank aCCOUnts to their full satisfaction, 6, The parties have divided all marital debt to lheir full satisfaction. 7, Neither pany makes any claim on any pension plan. IRA. Profit Sharing, 4011C, or other qualified retirement accounts of the other party, 8, After consideration of the factors in Ohio Revised Code Section 3105.18 and 3105.171, neither pany makes any claim against the other for Spousal Support. IT IS THEREFORE ORDERED. ADJUDGED AND DECREED, as follows: I, Plaintiff is hereby granted an absolute and complete divorce from Defendant on the grounds of incompatibility and living separate and apart fur a period in excess of one year without cohabitation. 2. That all issues relating to the children such as Parental Rights and Responsibilities, child support, and visitation are held for naught and not to be decided by this Court due to the fact that the children have be residents of the State of Pennsylvania for a period in excess ofsix (6) months removing jurisdiction over such matters from this Court. Any action involving issues of the children such as parental rights and responsibilities, child support, or visitation shall be taken up with the State of Pennsylvania or through an appropriate UFISA action, 3. Each party shall retain any and all household goods, furnishings, personal property, motor vehioles, or bank acoounts presently held in his or her name or possession. free and olear of any claim of the other party, Each shall assume responsibility for any liens, debts, or other obligations on said items they relain and hold the other party harmless for same. 4. Each party shall assume responsibility for debts incurred in his or her name and any debts incurred by them since the date of separation and hold the other party hannleS!, 5. Neither party shall be responsible for'llny payment of spousal support to the other. 6. l::ach party shall retain as his or her own separate property any qualified retirement accounts. including but not limited to, IRA. pension fund, 401K fund or profit sharing fund. free and clear of any claim of the other party, Each party shall execute any 02/28/2000 11:21 7184'341776 ,~ ~~- .;, HOWARD M FI~E ESQ PC PAGE 1 '3 '1 . :j :1 II ;1 ii documents necessary to facilitate this separation as required by the fund holder or plan j , administrator. 7, Neither Plaintiffoor Defendant from the date of this eOlry shall incur any debts ; or obligations upon the credit of lhe other and each shall indemnify and save the other :: absolutely harmless of any debts or obligations so charged or otherwise incurred, " " IT IS SO ORDERED Cost to deposit with any remainder to the Plaintiff herein, DATE: JUDGE DAVID STUCKI MAGISTRATE , APPROVED: ----. G' T.YO Attomey for P intift' : 230 N. 15th Street Sebring, Ohio 44672 , 'Pbone: (330)93&.2110 . . "-f/ J 12 -' ,.",,<-.-' wnUAM L. R(lDSON ,'~PI allff ./ i --. j) .-..' ~ , ~ I,:~""i".......~ ~""-' 02/28/2~00 11:21 7184941776 HOWARD M FILE ESQ PC PAGE 20 I I l n Ii r II i .t HUI .. !l, , , . . f a t- .. ~ .1 i' ~ . :a:: I af i- r ~ ., g II' lit f iil I' 0 . s~. (t f I i~ f!: 1'1 ISi ~ id~ Co< 0 Ic.c t (, ~ ... f I a " g f r... f t Iii, a :J ...; 2. hIt ~I::~ !I. i B I ~ t: ~ f f · .. . e: : t ~ it "Ilr l t. I ~ t if: I .p .. i .., ~ " 2; li' B p If . p f .. . I . i ... . I ~ i ~ .. . Ii 1'1 I[i~ Ii' .. !l' j ~ 2- f t II' I I ~ t ;l If ~ I ~ Il..,). ~ji! il~pl 'I-Ji~i~~; lu t ~ ~ m 0(",. !;J ; ii .~ ~l:: o,j... ...- "" ~~ >-3= "',.f !S~ ...~ ~~ iJ", l<l . Q'J, el 0: ~ b = :: ~ m '" ~ i .. . ... ! a " . ~ ,.. ,.. i ,.. . ~ ~ : . ... ... .. ... o i " . g~ ~i fir .. 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'",1 , CHRISTINA G. HUDSON Plaintiff Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- er?q CIVIL TERM IN CUSTODY WILLIAM L. HUDSON Defendant ORDER OF COURT AND NOW THIS 2. '2 ~day of February, 2000, upon review of the attached Petition for Special Relief, this Court sets a hearing in this matter for 1hVrl"'~ ' the 2-'1" day of lV1Jvu"-f ' 2000, at /D AM.lH- in Courtroom # 'I _, of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, .,4;[ J. , 1~t1 ;;p~1 tJrJ ~, ' '''', or: ", ',- (JI,';' Ff',',',S, ?,. .".' "" ,n, ,? 1 - - ( ~- i; ir::> "c C' '1',:','''''-- ,;;' ." ""J'" 'f U 'l.I,,-,C: :U',; lU t,.:U' II.JTl PCI\ll\)(;')/! i/l~!\lif\ , t... L.....I,' "J' tJ.~~ ~4~/~ ~~~r ~ ,'~~- 'I"'!"""'''" ,< "','-",r " ~' "..,' ^, --:1'~ - "1!"<~-'"'1l,~ "1"', ' ",,", m, ~..,._.,...JlIllI1J~.~I'D'!Il"'" , ~~l,~.~, ~~'!, - '~'I - . ~. - '. '.'. ""I 1'iO" CHRISTINA G. HUDSON Plaintiff Vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- CIVIL TERM WILLIAM L. HUDSON Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF 1) Petitioner is Christina G. Hudson, Plaintiff in the above-captioned action. 2) Respondent is William L. Hudson, Defendant in the above-captioned action. 3) Petitioner incorporates the pleadings as set forth in her Complaint for Custody herein. 4) Petitioner has been denied reasonable access to and custody of her child and requests that the Court set an emergency hearing so as to set the parties' rights herein in regard to custody of Mary Clare Hudson, age 12 years, born 5/7/87. 5) On February 18 the parties met halfway between their homes so Mary Clare could have a visit with her Father. It was Petitioner's clear understanding with Respondent the parties would meet halfway on Sunday so their daughter could attend school on Monday the 21 st. 6) When the Petitioner called the Respondent to arrange a time she was told that Mary Clare would not be returned. The Respondent refused further communication with the Petitioner, The Petitioner was contacted by a children's service worker from New York who stated that allegations had been made that she had 1- .....""".' , neglected her daughter. Petitioner has contacted Cumberland County CYS to report this and to have them fully investigate the allegation which she adamantly denies, Petitioner believes that her daughter is manipulating the fact of her parent's divorce so as to avoid discipline in her Mother's home as well as school. Petitioner is employed by the Carlisle school system as a licensed psychologist and believes that it is critical that custody of her daughter be returned to her to permit her daughter to finish the current school year and to deal with the responsibilties attendent with living with her mother and schooling. Petitioner belives that her daughter is not and cannot attend school at her Father's home due to the school records being in Carlisle, A change in the custody of her daughter is better arranged at the conclusion of this school year, WHEREFORE, Petitioner respectfully requests that Your Honorable Court set an emergency hearing so as to set the parties' rights herein in regard to custody of the parties' child, Mary Clare Hudson. Respectfully submitted, Date: z...12--2-l6'O 7Cl3/LV Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 " fi', I verify that the statements made in the foregoing Petition for Special Relief are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. DATE: . . IN THE COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS STARK COUNTY, OIDO WILLIAM L. HUDSON } 71 West Summit Street } Alliance, Ohio 44601 } SSN: 434-98-5868 } DOB: 01-24-55 } Employer: Sebring Presbyterian Church } CASE NO. 1998-DR-1206 JUDGE STUCKI ~ Plaintiff wE n...! 'D } i", } ""AO,: P ,9W ~!~':"\ ; T }_ ""'\"- ,~11" ': '} '. ':',,1'1 ~'. "'''', '.',-> <) GREED JUDGEMENT ENTRY vs. '\ CHRISTINA R. HUDSJN 14 East Oakwood Carlisle, Pennsylvania 17Q13_._,_,__' ",- ...'~..-' SSN: 184-38-7293 DOB: 08-15-56 Employer: Carlisle Area Schools Defendant } r } } } } } This matter came before the Court upon the Plaintiff's Complaint for divorce. The Court finds that the parties stipulate as follows: 1. The parties were married January 18, 1986 in Galton, Pennsylvania, 2, The parties separated on or about October 1, 1996 and have continuously lived separate and apart without cohabitation since that date, for a period in excess of one year, 3, A parent child relationship exists in accordance with Ohio Revised Code 93111.01 through 93111.19 with two children: MARY CLARE HUDSON BORN: May 7,1987 and CHARLES WILLIAM HUDSON BORN: July 29,1988 4, The children have continuously been residents ofthe State of Pennsylvania , since the date of the parties separation on or about October 1, 1996, ~ '"' " ',_ '~. ~<i , ~ "1:. 5, The parties have divided all personal property, furnishings, and bank accounts to their full satisfaction, 6. The parties have divided all marital debt to their full satisfaction. 7, Neither party makes any claim on any pension plan, IRA, Profit Sharing, 401K, or other qualified retirement accounts of the other party. 8, After consideration of the factors in Ohio Revised Code Section 3105.18 and 3105,171, neither party makes any claim against the other for Spousal Support, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: 1, Plaintiff is hereby granted an absolute and complete divorce from Defendant on the grounds of incompatibility and living separate and apart for a period in excess of one year without cohabitation, 2, That all issues relating to the children such as Parental Rights and Responsibilities, child support, and visitation are held for naught and not to be decided by this Court due to the fact that the children have be residents of the State of Pennsylvania for a period in excess of six (6) months removing jurisdiction over such matters from this Court, Any action involving issues of the children such as parental rights and responsibilities, child support, or visitation shall be taken up with the State of Pennsylvania or through an appropriate UFISA action, 3, Each party shall retain any and all household goods, furnishings, personal property, motor vehicles, or bank accounts presently held in his or her name or possession, free and clear of any claim of the other party, Each shall assume responsibility for any liens, debts, or other obligations on said items they retain and hold the other party harmless for same, 4. Each party shall assume responsibility for debts incurred in his or her name and any debts incurred by them since the date of separation and hold the other party harmless, 5, Neither party shall be responsible for'any payment of spousal support to the , other, 6, Each party shall retain as his or her own separate property any qualified retirement accounts, including but not limited to, IRA, pension fund, 40 lK fund or profit sharing fund, free and clear of any claim of the other party, Each party shall execute any .,- ,'I "'" documents necessary to facilitate this separation as required by the fund holder or plan administrator, 7, Neither Plaintiff nor Defendant from the date of this entry shall incur any debts or obligations upon the credit of the other and each shall indemnifY and save the other absolutely harmless of any debts or obligations so charged or otherwise incurred, IT IS SO ORDERED Cost to deposit with any remainder to the Plaintiff herein, DATE: JUDGE DAVID STUCKI MAGISTRATE APPROVED: ----- .'G 1'. YO " Attorney for P intitT '1230 N. 15th Street , '., Sebring, Ohio 44672 'Phone: (330)938-2110 1 LIZ :,~ ' ;)- - .r '~ ! .... .....u1{.''-'-~ ' ~ ',IWILLIAM L.n;(IDSON "'PI . [{iff j ~ / -, j ji d :i " ,~ , ~" .J'~~'.~r~'"'''''''''''''!'cc-' " ..." ""~""'"~'" " .. "''''''''''''"''"''''~I''"~''''" 0;:) (: .,', ::::=: .~,... "~J ""'~ 'J --. ., ~~:.:: , 2:..... , ;.1 .~J ~ -<; C0 f:',-~ 7 c:; :j~~ Z _:.3 !U '.,:.J i':.) CL Ll_ C) --- () ::) Ci 0 CIl Ii< " ...: fiI fiI H Ii< 8 :;;: ..., - ..., Ii< Z P:; P<>< fiI H ...: fiI' 8 P:; 8 Q 8 ZZ Z Z 0:: 00 ..., _H fiI ..., ~ '" :;;:0 ...: Z"': Ii< H E13 i;; g :;;:U H 0..., -fiI :> I, ~ 0 ...: U CIlP< ZQ H U i;; < UQH fiI Q 0 U en '" Z ZZ P< 0 CIl ::i ... ~ < u > Ii<"':"': CIl :.:: Q il: U 0 ~ >- 0...,:> 0 ~ Ii: z '" 0 < z P:;..., P:; . :.:: " -< :r: Z 8 fiI >< 0 t!l 5 a::i :r: ~ P:;o:lCll Ii< . . .... :j O:;;:Z ...: :> ..., Z :> 0 OOZ Z Z I .., ~ '" - ~ UUfiI 0 H :;;: 0 0:: '" P< H 8 ...: 0 a::i !D < filii< 8 CIl H 0 (:) u :'::0 H H ..., N 8 8 P:; ..., fiI :.:: H . Z P< U :so 0 H , Z , . .. \ , FEB ~220~\i ~, , ~' ~h Subj: Re: 1 love you, Clare Date: 7i2199 9:23:45 AMEastem Daylight Time From: Dimof1d955 T.o: ~GH3 NO, Charles did not get a card from Sara. Did Sara send him one? Well, I am jus not haveing a good time here and I think dad is going to get ride of 801 because he says" it's way to slowr So then 1 really can' talk to you anymore unless 1 call or you call here. And I just wanna go home I miss all my friends and you and Dad sends all his time with jaque and I don' want him to and jaque is mean and they lell us home alone one time! The store they went to was like a couple blocks but who cares, I love you Clare , We:dneada)\ February:n. 200D' Arn..-foe Onllrir. -eRGHa Pete: 1 . ...~ ~' ,''':''~.., ~ ,'" .~".-, ',' ."B' Subj: mom Date: 7/2/99 to:40:07 AMEastem Daylight Time From: Dimofl!l955 To: CRGH3 Mom, I would really like it if you please tell dad that I need to come home or come and get me because#1 I am not haveing fun! #!21 get yelled at alol! and #31 just wanna be with you! Please I,',"'" 'Wadnesday"Febtwny23. __ AmertoGOnllflr.-cImtf3, Pap;'1~3~'" . ,......~'-', ~ ~,"'-'-'-' ", 1 ' .. ~;. Subj; Re; Hi moml Date; 7/11ge4:29:15PM-Eastem DayJigbt/'Time FI'OIl1: Def1a~1695 To: ~GH3 E - tvIa i) from Clave- Hud0Vi b W1~s~IP "VI JJ& ( Nqf Hey mom! I have another screeen name here it is Dimond955. So we can 1m each toher. I would very much like it if you were to tell dad I don' want to Iiw with him not me because I don' want to hurt him. Well do you think I could come home or is that out of the qeustion because I really would like to becvause #1 I am not h8\ing fun here and #2 I would like to talk to my mends and be with you again. All he does is spend time with jaque g2g bye jf~ Wednesclay.FebruB,,-lI8.2000 AmeJloaOnllnr.-cRGHI Peael" " Subj: MOlD ~ease 0ale:7ItJ$94:-45:20 PM Eastem DaylightTlme From:DiJttoI1\l855 To: CRGH3 MOm this is Clare on my screen name dad gave me, well, I want to go home now! ,; --' ". "~-- ,-.~ < . "", ="L', W.-dnnd.Ql 'FuNt.1)' at. aooo- ArMrioe Onhe: CRGHJ: '.pI 't .<oW . ~~~ ,.., =- ". Subj;Re: UQwyou,(flare Date: 71tm 7:14:49PMSastem Daylight Time From: Oimol1!l955 To: ~GH3 Mom, I want you to tell him now me! And also New Y or!< doesn~ have 4th of July, I mean you can buy anything cool here. I wanna come home because you can~ buy fire crackers or anything and I don~ really want to go to church here and I just want to go home now! Please let me Bye Clare Wednescf~Februllry2l.2QOO AmerfoeOnUne:-cRGHS 'Claw. 1 /_. I ~ - CHRISTINA G. HUDSON, Plaintiff ", IN THE COURT OF COMMON PLEAS OF V. CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM L. HUDSON, Defendant CIVIL ACTION - LAW 2000-0979 CIVIL TERM IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 24th day of February, 2000, after hearing, the court finds that the Commonwealth of Pennsylvania is the home state of the subject child and that this court has jurisdiction of this case. The court finds further that the child has been wrongfully removed from the Commonwealth of Pennsylvania. Pending conciliation and further order of court, primary physical and legal custody of the child, Mary Clare Hudson, is awarded to her mother, Christina G. Hudson, subject to such rights of partial custody in the father as the parties shall agree. Appropriate law enforcement officials are authorized to assist in the enforcement of this order. By the Court, Robert L. O'Brien, Esquire For the Plaintiff -Cofl William L. Hudson 280 Bement Avenue Staten Island, NY 10310 - :bg c c ~;,~ --0 ['; ITlr', Z'" 0["-' ~~,', '~S~ /.;:~ --i -, c:) c;; -;;<1 "'r'l "::'J ~'''') _,O',-,~ ~,' ~- CHRISTINA G. HUDSON Plaintiff Vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- q,q CIVIL TERM IN CUSTODY WILLIAM L. HUDSON Defendant ORDER OF COURT AND NOW THIS SiS:" day of ~ ~~ , 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before \\ ff r-\- '1-, (''), \ \0:{ ) ~ ' , the conciliator, at ~' I~--<:"" onthe.Q:)dayof 0\ ,2000atUO . ,1P.M., for a Pre-Hearing Custody Conference. At suc 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. BY THE COURT, The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF 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, PA 17013 (717) 249-3166 llI\ ~~ <'~ " " ,-"~~ - 1 <<, :nJi FlL@-<JFFICE OF THE F'ROTHOi.JbT.4J1Y ,OQMAR-/ PH 4:07 CUMfJERLANO COUN1Y PENNSYLVANIA J..hZ) &d-~~ ~~CJ~ . s<d(-OL? 7'1~~ Z/~~r-4 ~ 3-d<t'Jt1 ~ ~ ~ "ft-.x/~ ;P1 _ . ;\', q,-~. ' ~" ',' '-""?""'" ,~, ,~~ ".,. "'1M " '~""'l)IO~ , F",l: " ~11~:n: ~ ~ , " " ,.'," '.' .'A CHRISTINA G. HUDSON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO.2000-97'1 CIVIL TERM IN CUSTODY WILLIAM L. HUDSON Defendant COMPLAINT FOR CUSTODY 1, Plaintiff is Christina G. Hudson, an adult individual, currently residing at 14 East Oakwood Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2, Defendant is William L. Hudson,' an adult individual, currently residing at 280 Bement Ave., Staten Island, NY 10310. 3. Plaintiff seeks custody of the following children: Mary Clare Hudson, born May 7, 1987 and Charles William Hudson, born July 29, 1988. The children were not born out of wedlock. The children had been in the custody of the Mother, and Charles remains with the Mother. Mary Clare went to visit her Father on February 18, 2000 and now is being kept by the Father despite the fact it was understood by the parents that she would be returned for school on February 21. During the past five years, or since the children's births, they have resided with the following persons at the following addresses: (a) from November 30,1995 to the present with the Mother at 14 East Oakwood Drive, Carlisle PA. ~' , ' "'.' . ',,--' '. ~ =' ~ . ,~ . (b) Prior to November, 1995 the children resided with the both parents in Ohio. The natural mother of the children is Christina G, Hudson. She is divorced and single, The natural father of the children is William L. Hudson, He is married. 4, The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the children. 5. The relationship of the Defendant to children is that of natural father. 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: (a) The mother has been the primary caretaker of the children since their birth and is capable of providing the care the children need. The daughter is manipulating the situation of her parent's .divorce so as to avoid dealing with her school . ',,-, ---" .' """",; studies and discipline matters in her Mother's home, (b) The mother needs to have a Court Order as Father has taken custody of Mary Clare without discussing the situation and circumstances with the Mother. (C) In the parties divorce the Father acknowledged that the children had been in the primary care of the Mother and that the Pennsylvania Courts had jurisdiction over the custody of the children. 8, Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. NAME None ADDRESS BASIS OF CLAIM WHEREFORE, Plaintiff requests your Honorable Court to: A) grant custody of the children to the plaintiff; B) set an emergency hearing in order to set the parties rights until such time as there can be a full hearing in this matter; C) grant such other relief as is just and in the best interest of the children. "'" , - , Respectfully submitted, Date: 2} z.e..-l n ~()~ ~ Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 , M. . ~. , =' . ' , I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, ~ 4904, relating to unsworn falsification to authorities. DATE: <..,.) , -::I ?:: ~, L. ~< ;:~~ ,'J::'.i ~,f ~,Jd ["---'- ~~::: -, () f -a. o l!) ~ ~ 00 g .s M() ~ 'it- J~ @ (\.j ("_1 (-' [;1 l,- C'J C~) i..,j CIl <0: IliI H - I'-< ~ ::;: p.,:>< :>< I'-< Z p:' ~ 0 H <0: IliI ZZ 0 ~ 0 ~ ~ 00 ~ -z Z '" ::;:0 CIl ZH IliI H "" tu is ::;:u<o: :::> 0<0: -I'-< H c:: ~ ~ o H U CIlH ZIliI :> u < ~ z uoz op., 00 H V"J ffi Z<O: P: 0 CIl U ::J .. < u > > 1'-<<0::> 0 1:1: 0 U 0 ~ '" G; OHH I'-< 0 (; C2 ::: P::>< 1:1: z . " ~ J: ~ ~IliICIl ~ t.!J . :s J: P:J:llZ Z :> . .... :'i o::;:z H <0: H I Z '" 0 001lil <0: Z 0 "" ~ V> - ii! uup., H H ::;: 0 ll::i '" p., ~ <0: 0 a:l <0 < IliII'-< ::;: CIl H N (:, u 1:1:0 0 H H ~ U P: H . 1:1: H 0 Z U s: Z H , ~ FEB 2 4: zooobO I 'n;.. ''. ,.: >, ',"=, """,-" , , ," ,,,,--.,, ~,,' y ,,) ''''''; ~ul'reme QJ:ourl of tlye ~lale of ~efn lork JUSTICES' CHAMBERS RICHMOND COUNTY SUPREME COURT HOMEPORT COURT FACILITY 355 FRONT STREET STATEN ISLAND, NY 10304 March 1, 2000 B .. t~JV .' . """J./'f.--t' .)..1-/"-' , ./ q:1\~ i9,1f1I1l PATRICIA M, DiMANGO ACTING JUSTICE The Honorable Kevin Hess Court of Common Pleas of Cumberland County 1 Courthouse Square Carlisle, P A 17013 Re: William L. Hudson v. Christina R. Hudson Index # 8064/2000 ",-,,: Dear Judge Hess: Enclosed please find a copy of an order I issued following our t~lephone conversation on February 29, 2000. As you can see, I stayed the pioceedirigs before me and directed the plaintiff- father to comply with your order. I, additionally, advised his attorney that Mr. Hudson should voluntarily return the minor child to your jurisdiction immediately in order to avoid the inevitable intervention oflaw enforcement officials to effectuate her return, Thank you for taking the time to assist me in making this determination. Unfortunately, as often is the case with ex parte applications, the recounting of events relayed to me was inconsistent with what actually transpired. Hopefully, this new order will facilitate the expeditious resolution of this matter. IfI can be of further assistance, I can be reached in chambers at (718) 876-8250. Very truly yours, ~ln.)~ Patricia M. Di Mango, lS,C. , Enclosure '.... .~"-~,; '\ .. , \ ,,. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ..0;' WILLIAM L. HUDSON IAS PART 11 Index # 8064/2000 Plaintiff, -against. SHORTFORM ORDER CHRISTINA R. HUDSON Defendant. Present: Hon. Patricia M. Di Mango --------------- IT IS HEREBY ORDERED, that the Order issued by this court on February 25,2000 staying the proceedings commenced by the defendant, herein, in the Court of Common Pleas of Cumberland County, Pennsylvania and any Orders issued therefrom concerning the custody of the minor child ofthe parties, Mary Clare Hudson, is hereby rescinded. Accordingly, any and all orders previously issued by the Pennsylvania Court shall remain in full force and effect. The plaintiff, herein, is directed to comply, with any and all such Orders. The evidence presented in this application reveals that the defendant's action for custody in Cumberland County preceded the action brought by the plaintiff herein, In addition, inquiry by this court of the court in Pennsylvania reveals that a proper jurisdictional basis for a determination of this issue lies with the Cumberland County Court and that Cumberland County is, at this time, the more appropriate forum for the resolution of this issue. Accordingly, pursuant to the Domestic Relations Law g75-g the action pending before this court shall be stayed pending a final determination on the issue of custody by the Pennsylvania court. The plaintiff is directed to serve, forthwith, a certified copy of this order on the defendant, .;-~ , = " ~. .It.. , ' and to file, forthwith, a certified copy of this order with the Clerk of the Court of Cumberland " County where the custody action is pending. :,:' ENTER, -Irvrr rTRlCIA M. Di MANGO ],S.c. Dated: February 29, 2000 - --= ,.~,,",,-\,,, \- Y': t' \" if n i: I:' ". i[ ;,- !f- Ii: ii' :f:- If " !~: " " !;' w; ~ '" - - ~ " ,< .. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND -------------------------------------------------------------------- IAS PART 11 Index # 8064/2000 WILLIAM L. HUDSON Plaintiff, ~006- 97<j CtOl{ '-z~ SHORT FORM ORDER -against- CHRISTINA R. HUDSON Defendant. Present: Hon. Patricia M. Di Mango ------------------------------------------------------------------- IT IS HEREBY ORDERED, that the Order issued by this court on February 25, 2000 staying the proceedings commenced by the defendant, herein, in th>: Court of Common Rleas of Cumberland County, Pennsylvania and any Orders issued therefrom concerning the custody of the minor child of the parties, Mary ClareHudson, is hereby rescinded: Accordingly, any and all orders previously issued by the Pennsylvania Court shall remain in full force and effect. The plainliff,_herein, is directed to comply, with any and all such Orders. The evidence presented in this application reveals that the defendant's action for custody in Cumberland County preceded the action brought by the plaintiff herein. In addition, inquiry by this court of the court in Pennsylvania reveals that a proper jurisdictional basis for a determination ofthis issue lies with the Cumberland County Court and that Cumberland County is, at this time, the more appropriate forum for the resolution of this issue, Accordingly, pursuant to the Domestic Relations Law ~75-g the action pending before this court shall be stayed pending a final determination on the issue of custody by the Pennsylvania court. The plaintiff is directed to serve, forthwith, a certified copy of this order on the defendant, '~ ,- ... ------< and to file, forthwith, a certified copy of this order with the Clerk of the Court of Cumberland County where the ,custody action is pending. 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"'<'" ,";"c. ;',^ .,' , -" ;'--',Ji.' , hudsan pet far special relief ljb March 9, 2000 , CHRISTINA G. HUDSON, Plaintiff/Respondent vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-979-CIVIL TERM WILLIAM L. HUDSON, . Defendant/Petitioner IN CUSTODY ORDER OF COURT NOW, this day of , 2000, upon consideration of the within Petition for Special Relief, a Rule is issued upon the Respondent to show cause why the relief requested should not be granted. RULE returnable at a hearing set for the day of ,2000, in Court Room NO.4 of the Court House at Carlisle, Pennsylvania at o'clock . m. By the Court, J, ,) "-' "'".' ~"" ' , J,'-,',_C '.', .,1 , , I , , hudson pel for special relief Ijb March 9, 2000 CHRISTINA G. HUDSON, Plaintiff/Respondent vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000.979-CIVIL TERM i' , j, r l'c f. I f.- , i , k r, , ~, ! r- WILLIAM L. HUDSON, Defendant/Petitioner IN CUSTODY PETITION FOR SPECIAL RELIEF NOW COME WILLIAM L. HUDSON, Defendant above, Flower, Flower and Lindsay, and petitions this Honorable Court as follows: ~. , !' 1, The parties hereto are parents of two children: Mary Clare Hudson, age 12 years; and Charles Hudson, age 11 years. , I,. , 2. Petitioner is a Presbyterian Minister with a church on Staten Island, New York. 3. Respondent filed a Complaint for Custody and a Petition for Special Relief on February 22, 2000. Prior to the filing, there had been no Custody Order. 4. In response to the Petition for Special Relief, this Honorable Court set a hearing two days hence on February 24,2000 at 10:00 a.m. 5, Petitioner was advised by Respondent's counsel on February 23, 2000 that a hearing was scheduled for the following day, but Petitioner was not served with the Order of Court setting the hearing until the afternoon of February 24, 2000. 6. Although Petitioner contacted chambers advising that he could not obtain counsel in time to appear the following day, the Court held a hearing on the issue of jurisdiction, and found, furthermore, that the "child had been wrongfully removed from the Commonwealth of ,--.;, '~'H"-' ';"'''''''-'''''~\''':''';'':'-'~L' ,~ -;," " , "',"".",;L .".:'.~'~,,-:;,~'~,<,:::~'~'~;:,')~;'; T'c , I " hudson pel for special relief ljb March 9, 2000 I I Pennsylvania". The Court's Order of February 24, 2000 also called for a physical and legal custody of Mary Clare Hudson to be awarded to the Respondent, subject to the rights of partial custody in Petitioner herein as the parties could agree. Upon receipt of the Court Order and clarification 'on the issue of jurisdiction, Petitioner, through his counsel, arranged for the return of the child. A copy of the March 1, 2000 letter conforming the date and time of the transfer is attached hereto as Exhibit "A". 7. At the time arrangements were made for the transfer, Petitioner's counsel sought from Respondent's counsel a stipulation that the parties would share legal custody of the children pending a hearing, and that Petitioner would have rights of partial custody on alternating weekends and unimpeded telephone access. 8. The request for legal custody and partial custody were not a condition of the return of the child and counsel for Respondent advised that within a day or two he would provide a response to the request. 9. On March 6, 2000, counsel for Petitioner again requested a stipulation to set an interim Order. A copy of the request is attached hereto as Exhibit "B". No response to this request has been received to date. 1 O. Petitioner acknowledges that this Honorable Court has jurisdiction of this case, Although he was not properly served before the hearing, Petitioner does not seek to challenge jurisdiction. II 1- ~ '" ie',,, ;0 """;',,,j, ' ~, ,',0',:.''';,,, ;"~;",~'~.,)" ,,"''''~~ ',';; "~" ~" '."';~"o" . '", ,'~ ~J/;,;~; ~,~ I f' hudson pel for special relief ljb March 9, 2000 I i; i: , , i l; 11. Petitioner avers that he did not wrongfully remove the child from the Commonwealth I , I i: 10, I of Pennsylvania, but rather removed her in response to Respondent's request, and in light of allegations of parental misconduct provided to him by the child, Mary Clare. Ii'; i:, 12. Petitioner continues concern for the well-being of his child in light of her return to the , ( [,,\ [1,: Respondent's primary physical custody. 13. Petitioner seeks a schedule of alternating weekend custody pending the hearing in 14. Petitioner seeks unimpeded telephone contact with the child so that he can monitor I f " ~' ?1 I' ~ I i' ~ t ~" I r ,this case and legal custody so that he may obtain the child's medical, psychological and school records in preparation for the hearing. her wellbeing while being in Respondent's primary custody. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondent to show cause why he should not be provided legal custody, alternating weekends of physical custody, and unimpeded telephone contact with the child pending a hearing in this matter. FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: MAR-09-00 09:53 AM '.- P~01 FROM 1 Fl..OWEIt FLOWFI a. L!NllSl'I'r 1/ hlJ(I.~ 1'" for e~i.1 relief i I Fi't>( ~O. I 2436510 ~b March 9. 20M Mar. 09 ~e (l9:41w' ~ WBiElCA~ I, the undertl'gned. hereby verify thil! the statements mede herein are true and eOITed. understand thol raise lltal~nts herein ere made llubJscllo the penalt~s of 18 Pa. C.S, i 4904, relating to unsworn ftll_iflCation to authorities. I, Dala: trJu~:J o;~OOd , ~~ -<; "'" '~" ^-""'^ hudsan pet far special relief tjb March 9, 2000 CHRISTINA G. HUDSON, Plaintiff/Respondent , '--'::,~;~' ~,O" . :1":< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-979-CIVIL TERM vs. WILLIAM L HUDSON, Defendant/Petitioner IN CUSTODY AND now, this If) day of RVICE , 2000, I, Carol J, Lindsay, Esquire, of the law firm of FLOWER, FLOWER & LINDSAY, P.C., Attorneys, hereby certify that I served the within Petition for Special Relief this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 FLOWER, FLOWER & LINDSAY Attorneys for Defendant/Petitioner By: Carol J. L ndsay, Esquire ID # 44693 11 East H ig h Street Carlisle, PA 17013 (717) 243-5513 - , I 1"llllilllliilni'Illi'I,; LAW OFPlCES FLOWER. FLOWER .& LINDSAY A PROFESSIONAL CORPORATION 11 EAST HIGH STREET CARliSLE, PENNSYLVANIA 17013-3016 JAMES D, FLOWER JAMESD. FLOWER,JR. CAROLJ. UNDSAY mQMAS E. FLOWER (717) 243-5513 FAX, (717) 243-6510 FFLEsq@aol.com March 1, 2000 Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 via FAX ONLY: 249-5755 Re: Hudson v. Hudson Dear Rob: Reverend Hudson will exchange custody of Mary Clare tonight at 1-78, Exit 13, at 7:30 p.m. I appreciate your willingness to get back to me within the next couple of days regarding partial custody and telephone contacts stipulation pending the conciliation conference. Very truly yours, FLOWER, FLOWER & LINDSAY, P,C. Carol J. Lindsay CJUtjb cc: William L. Hudson EXHIBIT I II All .: ." LAW OFFICES FLOWER, FLOWER & LINDSA.Y A PROFESSIONAL CORPORATION 11 EAST HIGH STREET CARliSLE, PENNSYLVANIA 17013-3016 JAMES D. FLOWER JAMES D. FLOWER,JR. CAROLJ. UNDSAY THOMAS E. FLOWER (717) 243,5513 FAX: (717)243-6510 FFLEsq@aoI.com March 6, 2000 Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Re: Hudson v. Hudson Dear Rob: Has your client agreed that my client may share legal custody so that we can prepare for the upcoming hearing, that he may have alternating weekends commencing this coming Friday, and that he may have unimpaired telephone contact with his children? Thank you for getting back to me on these points. Very truly yours, FLOWER, FLOWER & LINDSAY, P.C. fiLE COpy Carol J. Lindsay CJUljb cc: Rev. William L. Hudson EXHIBIT b 2i ! liB" ".,: '" _~...~.;:" -1iliIl"i' , '~IIUlI.. 1~11 ~,~ " ',,'''M,',,'' "' c'~, '<I , " ,,', ~ ;, ,I ,~x,," "I?) 0 0 ~ C 0 -" $:: ...;e;., .--~ -00:;; J~ ',:r:~ mfT'i ::;;:J rar:-:; Z--l"'l -':..1-m- ZC':i 0 -r~i:::J UJC;;: f5(t, eo ",. :'?-:Ti 't-'''''-n :5>('1 :x ~0 Le', ~ acn )>c: ;::j L :0 =< 0 -< '" 'Ii 'Ill!' hudson pelfor special relief tjb March 9, 2000 CHRISTINA G. HUDSON, Plaintiff/Respondent vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-979-CIVIL TERM WILLIAM L. HUDSON, , Defendant/Petitioner IN CUSTODY ORDER OF COURT NOW, this day of , 2000, upon consideration of the within Petition for Special Relief, a Rule is issued upon the Respondent to show cause why the relief requested should not be granted. RULE returnable at a hearing set for the day of ,2000, in Court Room NO.4 of the Court House at Carlisle, Pennsylvania at o'clock . m. By the Court, J. ,'M ". ~"'-Oo, < ",j ., '~~~",~",' hudson pet for special relief ijb March 9, 2000 CHRISTINA G. HUDSON, Plaintiff/Respondent vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-979-CIVIL TERM IN CUSTODY WILLIAM L. HUDSON, , Defendant/Petitioner ORDER OF COURT NOW, this day of , 2000, upon consideration of the within Petition for Special Relief, a Rule is issued upon the Respondent to show cause why the relief requested should not be granted. RULE returnable at a hearing set for the day of ,2000, in Court Room No.4 of the Court House at Carlisle, Pennsylvania at o'clock . m. By the Court, J. , ~;,' ,.. .' ',<'," '. ' .' ,- ',;; , , ","." "'~ ,-""",,~<';~..: -' '" -- ~, J, J, , APR 0 6 zood? 'Ii, i " I Ii CHRISTINA G. HUDSON, Plaintiff v IN TIffi COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAM 1. HUDSON, Defendant NO. 00-979 CML IN CUSTODY COURT ORDER AND NOW, this I r- day of April, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of February 24,2000 is vacated. 2. The Mother, Christina G. Hudson, and the Father, William 1. Hudson shall enjoy shared legal custody of Mary Clare Hudson, born May 7, 1987 and Charles William Hudson, born July 29, 1988. 3. The Mother shall enjoy primary physical custody of both minor children until June 15, 2000. At that time, primary physical custody of Mary Clare Hudson shall be delivered to Father after which the parties will then have custody with the Father maintaining primary custody of Mary Clare Hudson and Mother maintaining primary custody of Charles William Hudson. 4. Once the custody situation is implemented and effective on June 15, 2000, the parties will alternate custody of the minor children over the weekends so the children are together on the weekends. The schedule.' will be Friday at 6:00 p.m. until Sunday at 3:30 p.m. or 4:00 p.m., depending upon Charles' track schedule. The parties reserve the right between themselves to reach an agreement to modifY this schedule such that they could take a weekend off on occasion and no parent or child will be traveling. Unless otherwise agreed to between the parties, the point of exchange for custody shall be at exit 13 on Interstate 78. 5. Each party shall be entitled to have two (2) weeks of summer vacation with both children. The parties should endeavor to advise the other party as soon as possible when they anticipate to exercise summer vacation. 6. When the children are both off school on a Monday, the alternating weekend custody with that parents shall continue through Monday as long as there is no interference with social or other activities for the children that the parents are unable to agree upon. 7. The parties shall alternate the Thanksgiving weekend from Wednesday after school through that Sunday evening with Father having Thanksgiving in 2000. . ,~iiiA ~. . -- '=-~"'; ,,- "--.'~- l i Cr" .." 00 f:Y:~ 12 M'! I): [,8 CUr/8t:,iUJ\D COUNTY PENNSYLW,NIA b ,..',.-,',' <y~ ',;" ~ '"" ,c I;' I I " The Christmas holiday shall be alternated between two timeframes, the fIrst being from the day after the children are released from school until Christmas Day at 3 :00 p.m. and the second timeframe being from Christmas Day at 3:00 p.m. until 3:30 the day before the children return to school. The Mother shall have the first portion of Christmas in 2000 with the parties alternating thereafter. 9. Other m~or holidays such as Labor Day, July 4th and Memorial Day shall correspond with the weekends of custody. 8. 10. Both parents shall enjoy opportunities to communicate with the children when they are in the custody of the other parent, this communication to include reasonable telephone contact and e-mail contact. 11. Neither parent shall make disparaging remarks concerning the other parent to any of the children. 12. This order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. The parties may modify this order if they both agree. Absent an agreement, this order shall control. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the Custody Conciliator for a Conference. BY THE COURT, #~J J. ~~_p:O(j R~S cc: Robert 1. O'Brien, Esquire Carol 1. Lindsay, Esquire CHRISTINA G. HUDSON, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAM 1. HUDSON, Defendant NO. 00-979 CIVIL IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Mary Clare Hudson, born May 7,1987 and Charles William Hudson, born July 29,1988. 2. A Conciliation Conference was held on April 4, 2000, with the following individuals in , attendance: ' The Mother, Christina G. Hudson, with her counsel, Robert 1. O'Brien, Esquire; and the Father, William 1. Hudson, with his counsel, Carol 1. Lindsay, Esquire. 3. The parties agree to the entry of an order in the form as attached. 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"- __e''''_.~_~<_'',_~>_ ,_"-"_~""_",-. ~, >-,- !MF'-'I!liIii ~.- ,---. - h" .~-. ~ CHRISTINA G. HUDSON Plaintiff Vs. WILLIAM L. HUDSON Defendant "" ~.,.. -""-,,, - -.' -.,"< ,,', --"---- ,," ''''-' , , ,'-~'I '~.;o ---;.; , : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000-979 CIVIL TERM : IN CUSTODY ORDER AND NOW THIS L ~ day of ty. ",'J , 2001, the attached agreement is hereby made an Order of Court. BY THE COURT, ,gj J. 6~- ~t iii FLFD"O:+<~E ".. '~~,:!\CJTJ\RY C~ I 1!.,l)p._ ') :,'J,r"J,' :1: l_,? ,d Fli;\ G. ~ C' FH":i.' "'11 IYi' ''-'"rY L.dJ.;,~~... ::./\- ,...-' ,..i~....LJI'Ij ~Jr-t\I' IC"'V! \ '^ tdt^ t c:i" J\!v I t..!r.,J" i_\ ",." 'C'." ., , ._c. M;T. . -"r="~~'"'' _ ,!ll!!!' ~" . ",--' - ~,' "-"', .-"" - . ~ .~I'" ,,,,,'-.- -1;-'. - --',j ....... CHRISTINA G. HUDSON Plaintiff Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-979 CIVIL TERM WILLIAM L. HUDSON Defendant IN CUSTODY CUSTODY AGREEMENT The parties hereto, Christina G. Hudson and William L. Hudson, are the parents of Mary Clare Hudson, born May 7,1987 and Charles William Hudson, born July 29, 1988. The parties agree that they will share legal custody of the children and that they will apprise one another of all significant matters pertaining to the children. The Mother shall also have primary physical custody of the children, subject to visitation or partial custody with the Father as the parties may agree from time to time. The parties agree that they 'will not disparage or speak unkindly of one another in the children's presence and will make it their goal to cultivate the children's love and respect for each parent. The Father acknowledges that he is aware that the Mother may accept a job in Europe and relocate the children for the summer of 2001 thru 2002. He agrees that this is an important opportunity for the children and he supports that relocation. The parties agree that they will work together to arrange appropriate travel arrangements for the children to spend time with Father, which may include Father and his Wife coming to Europe to stay with Mother and the children. '~" . ~--.- <~=--- ,~ ",--,'-. ~ . -.'~' ,--<'~ "',--.- -_-~~,-_~ '."-,,o,,--c,~. '--,~-.-__^__' '_1,_ ,-, I I i' I The parties agree that this Custody Agreement shall be entered as an Order of t r: Court and that the prior custody Order shall be of no effect. In witness whereof, the undersigned parties have executed this Agreement this .3 day of /III..ar~, 2001. ~~ ( ()W.:0.0 / l10ffD ~/14~ CHRIS INA G. HUDSON t: "'. r / (AJ ~ , . /.-. WILLIAM L. HUDSON .liIl~ ' k"""'~, Me '. C-_' ~-~ '0<'" o c ,~ "lA,' rnl'i' 2~:C 2:-r-- Co ")..~" -< -:~ ~O :i; () ""- " ;s:c ' C 2 ::< ,- c:! j",,' '"" '1,: :~--) ;(~ {~t~ -, "" :n -< c::> (;0