HomeMy WebLinkAbout02-5921WILLIAM K. HUDSON,
Plaintiff
V.
BRIANNE M. HUDSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002- I-Id / CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE/CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at the Cumberland County Court House,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF
YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
WILLIAM K. HUDSON,
Plaintiff
V.
BRIANNE M. HUDSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002- -?'ya/ CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
COMPLAINT UNDER SECTIONS 3301(c)
AND 3301(d) OF THE DIVORCE CODE
1. Plaintiff is William K. Hudson, an adult individual who currently resides at
Building 3161, Box 84, Fort Lewis, Washington 98433.
2. Defendant is Brianne M. Hudson, an adult individual who currently resides
at 154 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania.
3. Defendant has been a bona fide resident in the Commonwealth of
Pennsylvania for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on April 30, 1998, in
Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised of the availability of counseling and that he
may have the right to request that the court require the parties to participate in
Counseling.
8. Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in
favor of the Plaintiff and against the Defendant.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Michael A. Scherer, Esquire
I. D.# 61974
17 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff,
William Keith Hudson
VERIFICATION
I verify that the statements made in this Complaint 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.
4?ez- i/
William Keith Hudson
Date: ZY- JAN 0_
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WILLIAM K. HUDSON,
Plaintiff
V.
BRIANNE M. HUDSON,
Defendant
CYNTHIA ENCK,
Plaintiff
V.
WILLIAM KEITH HUDSON,
Defendant
V.
BRIANNE M. HUDSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-5921 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE/CUSTODY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-1810 CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
PETITION TO MODIFY CUSTODY
AND NOW, comes the Plaintiff/Petitioner, William Keith Hudson, by and through
his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows:
1. The Petitioner is the Plaintiff, William Keith Hudson (hereinafter "Father"),
an adult individual who resides at 4238 Valley Road, Shermansdale, Perry County,
Pennsylvania 17090.
2. The Respondent is the Defendant, Brianne M. Hudson (hereinafter
"Mother"), an adult individual who resides at 98 Beetem Hollow Road, Newville,
Cumberland County, Pennsylvania 17241.
3. The parties are the parents of William Taylor (Hudson, born June 3, 1999
(hereinafter 'child").
4. On January 30, 2002, a Custody Order was entered in this matter at 01-
7238 Civil Term, which Order granted the parties shared legal custody, the Mother
primary physical custody and the Father partial physical custody. A copy of this Order
is attached hereto as Exhibit "A."
5. At the time of the January 30, 2002 Order of Court, Father was on active
duty in the United States Army. Father was discharged from the Army in early
September, 2003 and is again residing locally.
6. As a result of Father's proximity to the child, Father requests that the
January 30, 2002 Order be modified to provide Father with partial physical custody on a
regular basis.
7. In addition, Father is requesting that he be permitted to take the child to
his grandmother's home in Georgia over the holiday season.
WHEREFORE, Father respectfully requests that this Honorable Court
modify the January 30, 2002 Order to award him partial physical custody on a regular
basis and to allow father to have the child for approximately one week at Christmas
time to travel with his family to the family homestead in Georgia.
Respectfully submitted,
O'BRIEN, BARIC; & SCHERER
Michael A. Scherer, Esquire
I. D. # 61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
mas.dir/domestic/hudson/mod ifycustodyl pet
VERIFICATION
The statements in the foregoing Petition To Modify Custody are based upon
information which has been assembled by my attorney in this litigation. The language
of the statements is not my own. I have read the statements; and to the extent that
they are based upon information which I have given to my counsel, they are true and
correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to
unsworn falsifications to authorities.
DATE: ?'(, /
?`'--- Willia . Hudson
JAN 20a?. At
WILLIAM K. HUDSON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
BRIANNE M. HUDSON,
Defendant ? NO. 01 - 7238 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this 30 day of ct ( 2002, upon consideration of the
attached Custody Conciliation Report, it is ordered an directed as follows:
1• The Father, William K. Hudson, and the Mother, Brianne M. Hudson, shall enjoy
shared legal custody of William Taylor Hudson, born June 3, 1999.
2. The Mother shall enjoy primary physical custody of the minor child.
3. The Father shall enjoy periods of temporary physical custody with the minor child
as follows:
A. Pending the Father's relocation to the state of Washington, Father shall
have the following custody:
?• On January 27, 28, 29, and 30, 2002 from 9:00 a.m. until 6:00
p.m. each day. Also, from 9:00 a.m. on February 1, 2002,
through February 6, 2002 at 6:00 p.m. When the father has
overnights, those overnights shall be at a location other than the
maternal grandmother's home. During this timeframe, Father
shall ensure that the minor child has reasonable telephone contact
with the Mother, with the Father to attempt daily contact if
possible.
4. Recognizing the Father is relocating to the state of Washington, Father may
exercise temporary custody with the minor child when he returns to the Carlisle
area. Father shall notify Mother at least thirty (30) days in advance when he
intends to exercise custody, such notification to be in writing. The parties shall
work out the timeframe between themselves, with the understanding that Father
will be entitled to a large portion of his vacation time with the minor child in light
of the fact that he is not exercising regular temporary custody. This will include
the Christmas holiday and, when the Father is home over Christmas, Christmas
shall be handled such that Christmas Day is at least shared.
EXHIBIT "A"
5. At any point in connection with arranging these exchanges of custody between the
parties, legal counsel for the parties may contact the custody conciliator if there is
any problem and the conciliator is authorized to conduct another custody
conciliation conference via telephone conference with the attorneys for the parties.
Along these lines, this order may be modified at any time by request of the parties,
with the request for modification first being submitted to the custody conciliator.
6. Father shall also enjoy reasonable telephone contact with the minor child when the
child is in the custody of the Mother.
7. While Father has custody of the minor child, he shall not consume alcohol or be
under the influence of alcohol.
BY THE COURT,
S
Edgar B. ayley
cc: Marlin L. Markley, Esquire
Michael A. Scherer, Esquire
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and A, seal of saidKourf of rnriw- e_
WILLIAM K. HUDSON,
Plaintiff
v
BRIANNE M. HUDSON,
Defendant
Prior Judge: Edgar B. Bayley
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.01-7238 CIVIL
IN CUSTODY
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 child who is the subject of this litigation is as
follows:
William Taylor Hudson, born June 3, 1999.
2• A Conciliation Conference was held on January 25, 2002',, with the following individuals
in attendance:
The Father, William K. Hudson, with his counsel, Michael A. Scherer, Esquire; and the
Mother, Brianne M. Hudson, with her counsel, Marlin L. Markley, Esquire.
3. The parties reached an agreement in accordance with the attached proposed order.
! a jvt
DATE
- OA
Hubert X. ' roy, Esquir-
Custody nciliator
CERTIFICATE OF SERVICE
I hereby certify that on November XL, 2003, I, Jennifer S. Lindsay, secretary to
Michael A. Scherer, Esquire, did serve a copy of the Petition To Modify Custody, by first
class U.S. mail, postage prepaid, to the party listed below, as follows:
Taylor Andrews, Esquire
Andrews & Johnson
78 West Pomfret Street
Carlisle, Pennsylvania 17013
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WILLIAM K. HUDSON
PLAINTIFF
. IN THE COURT' OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
V. 02-5921,
02-1810
BRIANNE M. HUDSON
DEFENDANT
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, November 26, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before _ Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor Cumberland County Courthouse, Carlisle on Wednesday, December 10, 2003 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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: /s/ Hubert X Gilroy.q
Custody Conciliator
The Court of Common Pleas of Cumberland county is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL, HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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09:2 6dd ° -, 6th
DEC 1 5 2003
WILLIAM K. HUDSON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
BRIANNE M. HUDSON, NO. 02 - 5921 CIVIL
Defendant IN CUSTODY
WILLIAM K HUDSON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
BRIANNE M. HUDSON, NO. 02 -1810 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this day of December, 2003, the conciliator being advised the
parties have reached an agreement, the conciliator relinquishes jurisdiction.
BBYY THE COURT,.
v l?
Hubert X. Gi oy
Custody Co ciliate
7(", : I I! IV t 1 330 HOZ
;I;",:lciVO iOdd ?1HI 10
3l,!21 -03111
WILLIAM K. HUDSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2002-5921 CIVIL TERM
BRIANNE M. HUDSON, CIVIL ACTION-LAW
Defendant IN DIVORCE/CUSTODY
CYNTHIA ENCK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2002-1810 CIVIL TERM
WILLIAM KEITH HUDSON, CIVIL ACTION-LAW
Defendant
V. IN CUSTODY
BRIANNE M. HUDSON
ORDER OF COURT
AND NOW, this may of W pfv?, 2003, the Court adopts the
following Stipulation and Agreement as an Order of Court, with respect to the following
child: William Taylor Hudson, born June 3, 1999, (hereinafter referred to as "child").
1. Brianne M. Hudson (hereinafter "mother") and William K. Hudson
(hereinafter "father") shall have joint legal custody of the child.
2. Mother shall have primary physical custody of the child.
3. Father shall have partial physical custody of the child on alternating
weekends beginning Friday at 6:30 p.m. until Saturday at 6:30 p.m.; the Father shall
have partial physical custody of the child on Sunday of the same weekend from 9:00
a.m. until 6:00 p.m.
4. Father shall have the child in 2003 from December 25 at 9:00 p.m until
January 1, 2004 at 8:00 p.m. Father will ensure that the child speaks with the Mother
on the telephone each evening prior to going to bed.
5. Father shall have the child each of the following holidays throughout the
year during the half of the day mother is at work, or if mother is not working, in the
afternoon of the holiday from 1:00 p.m. until 8:00 p.m: New Years Day, Easter,
Memorial Day, Fourth of July, Labor Day and Thanksgiving.
6. Neither of the parties shall consume alcoholic beverages while in the
presence of the child. If the child is in need of a babysitter on any occasion, the party in
need of the babysitter must first notify the other parent to determine if the other parent is
available to provide supervision for the child.
7, The parties will keep each other advised immediately relative to any
emergencies concerning the child and shall further take any necessary steps to insure
that the health and well being of the child is protected.
8. The parties shall not do anything which may estrange the child from the
other parties, or injure the opinion of the child as to the other parties or which may
hamper the free and natural development of the child's love or affection for the other
parties.
9. The parties are encouraged to deviate from this schedule when the best
interests of the child requires them to do so, however, in the absence of an agreement,
the terms of this agreement shall be controlling.
BY
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WILLIAM K. HUDSON,
Plaintiff
V.
BRIANNE M. HUDSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-5921 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
AND NOW, this 1-7 day of 7xc?,(YiLW , 2002, I, Brianne M. Hudson,
Defendant above, hereby accept service of the Complaint filed in the above case pursuant
to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said
Complaint.
Brianne M. Hudson
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WILLIAM K. HUDSON,
Plaintiff
V.
BRIANNE M. HUDSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-5921 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c:) of the Divorce Code was
filed on December 12, 2002.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
3. 1 consent to the entry of a final decree in divorce without notice.
4. 1 understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
5. 1 understand that I will not be divorced until a Divorce Decree is entered
by the Court and that a copy of the Decree will be sent to me immediately after it is filed
with the Prothonotary.
6. 1 have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling. I do not request that
the court require counseling.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date:
William' K. Hudson
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WILLIAM K. HUDSON,
Plaintiff
V.
BRIANNE M. HUDSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-5921 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
filed on December 12, 2002.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
3. 1 consent to the entry of a final decree in divorce without notice.
4. 1 understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
5. 1 understand that I will not be divorced until a Divorce Decree is entered
by the Court and that a copy of the Decree will be sent to me immediately after it is filed
with the Prothonotary.
6. 1 have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling. I do not request that
the court require counseling.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: -
Brianne M. Hudson
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
MAXIM DEMCHAK No: 03-492
V.
LIBERTY MUTUAL GROUP,
LIBERTY MUTUAL, LIBERTY
MUTUAL INSURANCE GROUP,
AND LIBERTY MUTUAL FIRE
INSURANCE COMPANY
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw our Entry of Appearance on behalf of defendants, Liberty Mutual Group, Liberty
Mutual, Liberty Mutual Insurance Group, and Liberty Mutual Fire Insurance Company in the above-captioned
matter
KELLY, MCLAUGHLIN, FOS'?ER, BRACAGLIA,
nAxv'TPAR1TVCA& RITE.LLP
C. FOST4R, ESQUIRE
I.D. N d;.03511
STEVEN . QG,ESQUIRE
I.D. No.: 78834
Attorneys for Defendants,
Liberty Mutual Group, Liberty Mutual,
Liberty Mutual Insurance Group, and
Liberty Mutual Fire Insurance Company
1617 JFK Boulevard
Suite 1690
Philadelphia, PA 19103
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
MAXIMDEMCHAK No: 03-492
V.
LIBERTY MUTUAL GROUP,
LIBERTY MUTUAL, LIBERTY
MUTUAL INSURANCE GROUP,
AND LIBERTY MUTUAL FIRE
INSURANCE COMPANY
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter our appearance on behalf of defendants, Liberty Mutual Group, Liberty Mutual, Liberty
Mutual Insurance Group, and Liberty Mutual Fire Insurance Company in the above-captioned matter.
MARSHALL, DENNEII[EY, WARNER,
WILLIAM . FOSTE , ESQUIRE
I.D. No: 0 i 1
STEVEN L. CHt ESQUIRE
I.D. No.: 78834
Attorneys for Defendants,
Liberty Mutual Group, Liberty Mutual,
Liberty Mutual Insurance Group, and
Liberty Mutual Fire Insurance Company
1845 Walnut Street, 18`h Floor
Philadelphia, PA 19103
215-575-4551/4552
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1 7111
WILLIAM K. HUDSON,
Plaintiff
V.
BRIANNE M. HUDSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-5921 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entryof
a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the
divorce code.
2. Date and manner of service of the complaint: Defendant signed an
Acceptance Of Service form on December 17, 2002.
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required under Section 3301(c)
of the divorce code: by the plaintiff March 27. 2004 ;
by the defendant April 2 2004
(b) (1) Date of execution of the plaintiffs affidavit required by Section 3301(d)
of the divorce code N/A
(2) Date of service of the plaintiffs affidavit upon the defendant
4. Related claims pending NONE
5. Complete either (a) or (b)
(a) Date and manner of service of the notice of intention to file praecipe
to transmit record, a copy of which is attached:
(b) Date plaintiff's waiver of notice in Section 3301(c) divorce was filed
with the Prothonotary: April 6. 2004
Date defendant's waiver of notice in Section 3301(c) divorce was filed
with the Prothonotary: April 6. 2004
Michael A. Scherer, Esquire
Attorney for the Plaintiff, William K. Hudson
I'M
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
JAPQ$
PENNA.
William K. Hudson,
Plaintiff
VERSUS
Brianne M. Hudson,
Defendant
N 0. 2002-5921
Civil
DECREE IN
DIVORCE
AND NOW, M ,-,I 1 (? , Za°y , IT IS ORDERED AND
DECREED THAT William K. Hudson
PLAINTIFF,
AND
Brianne M. Hudson
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
BY THE COURT:
ATT WT: ^ L/ J.
ROTHONOTARY
h t2 -
WILLIAM K. HUDSON,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-5921 CIVIL TERM'S
BRIANNE M. HUDSON, CIVIL ACTION-LAW
Defendant IN DIVORCE/CUSTODY
CYNTHIA ENCK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2002-1810 CIVIL TERM
WILLIAM KEITH HUDSON, CIVIL ACTION-LAW
Defendant
V. IN CUSTODY
BRIANNE M. HUDSON
PETITION TO MODIFY CUSTODY
AND NOW, comes, William Keith Hudson, by and through his attorney, Michael
A. Scherer, Esquire, and respectfully represents as follows:
1. The Petitioner is the William Keith Hudson (hereinafter "Father"), an adult
individual who resides at 14951 Walden Spring Way, Apt. 1106, Jacksonville, Duval
County, Florida 32258
2. The Respondent is Brianne M. Hudson (hereinafter "Mother"), an adult
individual who resides at 25 Carlisle Road, Newville, Cumberland County, Pennsylvania
17241.
3. The parties are the parents of William Taylor Hudson, born June 3, 1999
(hereinafter "child").
4. On December 22, 2003, a Custody Order was entered in this matter to
both captions listed above, which Order granted the parties shared legal custody, the
Mother primary physical custody and the Father partial physical custody. A copy of this
Order is attached hereto as Exhibit "A."
5. Father relocated to Florida on or about January 25, 2008.
6. Father is presently residing with Amanda Quoos, fiancee.
7. Father is employed by Giddens Security as a security officer.
8. Father last saw child on December 25, 2008 for approximately two (2)
hours.
9. Father desires to spend time with the child during the child's break from
school this Summer.
10. Father is getting married on October 24, 2009 and wants child to be in
attendance at the wedding.
11. Father is willing to share driving to secure the child's presence in Florida
or he would be agreeable to paying the expense of flying the child to and from Florida.
WHEREFORE, Father respectfully requests that this Honorable Court modify the
January 30, 2002 Order to award him physical custody of the child each summer and to
award Father time around the time of Father's wedding.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Mic ael A. Scherer, Esquire
I.D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
VERIFICATION
The statements in the foregoing Petition To Modify Custody are based upon
information which has been assembled by my attorney in this litigation. The language
of the statements is not my own. I have read the statements; and to the extent that
they are based upon information which I have given to my counsel, they are true and
correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to
unsworn falsifications to authorities.
DATE: Ar .i / oZiZ z
William K. Hudson
WILLIAM K. HUDSON,
Plaintiff
V.
BRIANNE M. HUDSON,
Defendant
CYNTHIA ENCK,
Plaintiff
V.
WILLIAM KEITH HUDSON,
Defendant
V.
BRIANNE M. HUDSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 20025921 CIVIL TERM ?
CIVIL ACTION-LAW
IN DIVORCE/CUSTODY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-1810 CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ...?ley of (?,.?, 2003, the Court adopts the
following Stipulation and Agreement as an Order of Court, with respect to the following
child: William Taylor Hudson, born June 3, 1999, (hereinafter referred to as "child").
1. Brianne M. Hudson (hereinafter "mother") and William K. Hudson
(hereinafter "father") shall have joint legal custody of the child.
2. Mother shall have primary physical custody of the child.
3. Father shall have partial physical custody of the child on alternating
weekends beginning Friday at 6:30 p.m. until Saturday at 6:30 p.m.; the Father shall
have partial physical custody of the child on Sunday of the same weekend from 9:00
a.m. until 6:00 p.m.
EXHIBIT "A"
)! 4. Father shall have the child in 2003 from December 25 at 9:00 p.m until
II January 1, 2004 at 8:00 p.m. Father will ensure that the child speaks with the Mother
on the telephone each evening prior to going to bed.
5. Father shall have the child each of the following holidays throughout the
year during the half of the day mother is at work, or if mother is not working, in the
afternoon of the holiday from 4:00 p.m. until 8:00 p.m: New Years Day, Easter,
j Memorial Day, Fourth of July, Labor Day and Thanksgiving.
6, Neither of the parties shall consume alcoholic beverages while in the
presence of the child. If the child is in need of a babysitter on any occasion, the party in
need of the babysitter must first notify the other parent to determine if the other parent is
j available to provide supervision for the child.
7, The parties will keep each other advised immediately relative to any
emergencies concerning the child and shall further take any necessary steps to insure
that the health and well being of the child is protected.
8. The parties shall not do anything which may estrange the child from the
other parties, or injure the opinion of the child as to the other parties or which may
hamper the free and natural development of the child's love or affection for the other
parties.
9. The parties are encouraged to deviate from this schedule when the best
interests of the child requires them to do so, however, in the absence of an agreement,
the terms of this agreement shall be controlling.
BY
FII.FG?I-HUF
CF THE: PR,
2099 MAY -7 At, I I i- 2 3
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WILLIAM K. HUDSON,
Plaintiff
V.
BRIANNE M. HUDSON,
Defendant
CYNTHIA ENCK,
Plaintiff
V.
WILLIAM KEITH HUDSON,
Defendant
V.
BRIANNE M. HUDSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-5921 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE/CUSTODY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-1810 CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
PRAECIPE TO WITHDRAW
TO THE PROTHONOTARY:
Kindly mark as withdrawn the Petition To Modify Custody filed in the above-
captioned action on May 7, 2009.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
M hael A. Scherer, Esquire
I.D. # 61974
Date: May 11, 2009 19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
mas.dir/domestic/hudson/withdrawpetitiontomodify.pra
CERTIFICATE OF SERVICE
I hereby certify that on May 12, 2009, I, Jennifer S. Lindsay, secretary at O'Brien,
Baric & Scherer, did serve a copy of the Praecipe To Withdraw, by first class U.S. mail,
postage prepaid, to the party listed below, as follows:
Brianne Hudson
25 Carlisle Road
Newville, Pennsylvania 17241
OF THE
2009 MAY 13 Fr, 2: 3 I
WILLIAM K. HUDSON IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRIANNE M. HUDSON
DEFENDANT
2002-5921 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, May 14, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 19, 2009 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilroy, Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
OF
1;-',G Y
MAY 7' 200
WILLIAM K. HUDSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
BRIANNE M. HUDSON, NO. 2002-5921
Defendant IN CUSTODY
ORDER
AND NOW, this /? day of May, 2009, the Conciliator being advised the parties have
reached an agreement, the Conciliator relinquishes jurisdiction.
Hubert X. Gilro, Esquire
Custody Co iator
n r THEE Cl
t ,