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HomeMy WebLinkAbout01-7238 'I WILLIAM K. HUDSON, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- '7 d 3ET CIVIL TERM BRIANNE M. HUDSON, Defendant CIVIL ACTION-LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is William K. Hudson, an adult individual residing at 625 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. The Defendant is Brianne M. Hudson, an adult individual residing at 154 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff seeks custody of the following child: Name Present residence Age William Taylor Hudson 154 Beetem Hollow Road Newville, Pennsylvania 17241 2 The child's birthdate is June 3, 1999. The child was not born out of wedlock. The child is presently in the custody of Defendant, who resides at 154 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Brianne Hudson Javette Kerr, grandmother Jim Kerr, step-grandfather 154 Beetem Hollow Road Newville, PA 17241 11/12/01 to present Brianne Hudson William Hudson CMR 440 Box 413 APO AE 09175 06/03/99 to 11/12/01 The natural mother of the child is Brianne M. Hudson, currently residing at 154 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania. She is married to the Plaintiff. The natural father of the child is William K. Hudson, currently residing at 625 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania. He is married to the Defendant. 4. The relationship of the Plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Names Relationship Roger Miller Friend Sherri Miller Friend 5. The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Names Relationship Javetle Kerr Grandmother Jim Kerr Step-Grandfather 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. 7. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child 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 child will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests your Honorable Court to grant him partial physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER DATE: l1..Z.g.0\ ~ft~~ Michael A. Scherer, Esquire 1.0. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/custody/hudson.com II I VERIFICATION The statements in the foregoing Complaint For 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. 94904 relating to unsworn falsifications to authorities. DATE: 27 DEe. R5/ .{/~~- William . Hudson @ /"::j ~ ~~ - 6-, 9J ..t:. Z d E\ C:s- o 8) ~ ~ ., ~ ~ a c ~ "Uee: mh-' Z~:I zc., (f) .r.;;~., -<.~ . ~o ~o --0 ):>c: Z ::<! o C) r"1 n w o -'n ::=- 3 '!? <.Jl \0 =:D ::-7,~;a ~I (J) -.;-r\ -',"OX ':::)0 >~~ rn S ;!> ?l ~ WILLIAM K. HUDSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 01-7238 CIVIL ACTION LAW BRIANNE M. HUDSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, January 07, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, January 25, 2002 , the conciliator, 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. 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 Abnse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Hubert X. GilroJl. Esq. ~ 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~~.#--:~~ '.J!;p :7- ~ ~u, ~ r'~ /p.pW~;' .r'l , \IIN'v'A1ASNN3d AlNno:J Gr\V!i:E18V~no S I :2 Wd g - WiiT 20 J..b'\flOl,:n:'F' " 3Jr:j:-16'-,;_:",~:\",,-[ ;::l.... "",1+1 -e.t1- ~ ( ~tl- 3-1 ('tJ. ?- ( JAN 2 I} 2002 ~ WILLIAM K. HUDSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BRIANNE M. HUDSON, Defendant NO. 01 - 7238 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ day of ~CUt( -"'" ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and 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: I. 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. 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. cc: ~in L. Markley, Esquire c)1ichael A. Scherer, Esquire J. BY THE/GOURT, . ~ > t.~-11 RW ,,,"- $' "'" ~Jr~ (~~~... "l~ ~:;. cij.:~, .J (', g{ ;:;: 0, -:r ~ /IE i!:: is sf .:::);:;;;, .~~;~: ~ ~C/) rc2f 1,1]<- wlf! ~ u i-.~ : ~>" ~; "') "v c::; C:i '".,,;. ",;,j J",,',,:, WILLIAM K. HUDSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW BRIANNE M. HUDSON, Defendant NO. 01 -7238 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley 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: 1. The pertinent infoffilation 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. I ) ~~cJ'L DATE Hubert X. Custody ~.~-----.~-_..- ._",.U,!;1;!,i:"';' :'_U'i,-i-Fij;:fLf:W;~ik"l'j .: JUN 0 7 2002 5-- WILLIAM K. HUDSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO. 01 - 7238 CIVIL ./ IN CUSTODY BRIANNE M. HUDSON, Defendant CYNTHIA ENCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v WILLIAM KEITH HUDSON, Defendant : NO. 02 -810 CIVIL ACTION - LAW v BRIANNE M. HUDSON, Defendant IN CUSTODY COURT ORDER AND NOW, this \'0 day of June, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior order of January 30, 2002 shall remain in effect subject to any modifications as set forth below. 2. The Father shall have custody of the minor child from Thursday, June 6, 2002 at 2:00 p.m. until Saturday, June 8,2002 at 1:30 p.m. 3. The paternal grandmother, Cynthia Enck, shall enjoy periods of visitation with the minor child on alternating Saturdays from 9:00 a.m. until 3:00 p,m. or at such other times as agreed upon by the parties. This visitation shall begin June 22, 2002. Upon the Father's relocation back to the Cumberland County area, it is anticipated that the grandmother's visitation will be exercised when the Father has custody. 4. Paragraph 4 of the January 30, 2002 Order is modified such that Father shall only be obligated to give Mother reasonable notice with respect to when he is returning to Carlisle and desires to exercise temporary custody with the minor child. The parties shall communicate with each other along these lines, and both parties are encouraged to be flexible and acknowledge each others work obligations and other family obligations in scheduling the periods of temporary custody. S. Similar to Paragraph 7 of the January 30, 2002 Order, the paternal grandmother shall not consume alcohol or be under the influence of alcohol when she has custody of the minor child. 6. With respect to the upcoming Christmas holiday, the parties shall communicate between themselves with respect to a period of visitation Father may be afforded over Christmas. If the parties are unable to reach an agreement, legal counsel for the parties may contact the conciliator directly to have a custody conciliation conference scheduled via telephone where only the legal counsel for the parties would participate with the conciliator. 7, This Order is also entered recognizing the fact that Father is currently residing in the state of Washington and that he will be ultimately relocating to Pennsylvania. At that time, either party may petition the court to have this order modified. cc: Michael A. Scherer Gary L. Kelley, Esquire Lindsay Dare Baird, Esquire J. ~~ c.. - 11,0.2... ~ "14(;1 7::'o:E" ?:"() 'Of ~ :;"1/o~d ~~ WILLIAM K. HUDSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BRlANNE M. HUDSON, Defendant NO. 01 - 7238 CIVIL IN CUSTODY CYNTHIA ENCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v WILLIAM KEITH HUDSON, Defendant : NO. 02 - 810 CIVIL ACTION - LAW v BRlANNE M. HUDSON, Defendant IN CUSTODY Prior Judge: Edgar B. Bayley 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: 1. The pertinent infonnation 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 June 6, 2002, with the following individuals in attendance: The Father, William K. Hudson, with his counsel, Michael A. Scherer, Esquire; the Mother, Brianne M. Hudson, with her counsel, Gary L. Kelley, Esquire; and the Paternal Grandmother, Cynthia Enck, with her counsel Lindsay Dare Baird. 3. After strong recommendations from the custody conciliator, the parties agreed to the entry of a court order in the fonn as attached. ~i.(~1 O~ DA Hubert X. Gilroy, Esquir Custody Conciliator WILLIAM KEITH HUDSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 01-7238 CIV][L TERM VI. BRlANNE M. HUDSON, Defendant : IN CUSTODY Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA ENCK, V. : CIVIL ACTION - LAW : CUSTODYNISITATlON WILLIAM KEITH HUDSON, Defendant : NO, 02-1810 CIVIL TERM Vll. BRlANNE M. HUDSON, Defendant : IN CUSTODY COMPLAINT TO MODIFY CUSTODY ORDER Petitioner/Defendant, Brianne M. Hudson, through her counsel, Taylor P. Andrews, Esquire, of Andrews & Johnson respectfully represents as follows: 1. Petitioner incorporates paragraphs 1 through 5 of the Complaint for Custody filed at number 02-1810 herein to establish the jurisdictional facts. 2. Petitioner resides at 154 Beetum Hollow Road, Newville, P A 17241, and she is represented by Taylor P. Andrews, Esq., 78 W. Pomfret St., Carlisle, PA 17013. 3. Defendant, William Keith Hudson, resides at HHC 1/5 BN, MBN #160, Ft. Lewis, Washington. He has been represented in this action by Michael A. Scherer, Esq. 17 W. South St., Carlisle, P A. 4. Respondent, Cynthia Enck, resides at 4238 Valley Road, Shermansdale, Perry County, Pennsylvania. She has been represented in this action by Lindsay Dare Baird, Esq. 37 S. Hanover St., Carlisle, PA 17013. 5. On January 30, 2002 a Custody Order was entered in the custody action filed at 01-7238 defining the custody rights of Petitioner and her husband William K. Hudson with regard to their son William Taylor Hudson, born June 3, 1999. (A copy ofthis Court Order is attached hereto as Exhibit 1) 6. On June 10,2002 an Order for Custody was entered at 01-7238 and at02-1810 modifying the above referenced Court Order to provide for rights of partial custody for visitation by the child's paternal grandmother, Cynthia Enck. (A copy of this Order is attached hereto as Exhibit 2) 7, Paragraph 5 of the June 10, 2002 Court Order provides "the paternal grandmother shall not consume alcohol or be under the influence of alcohol when she has custody of the minor child." 8. Respondent, Cynthia Enck, has a history of alc:ohol abuse and she frequently drinks alcohol to the point of intoxication, even in early daytime hours. 9. Respondent, Cynthia Enck, has recently violated section 5 of the June 10,2002 Court Order referenced above by consuming alcohol and becoming intoxicated while she had custody ofthe minor child referenced by the Order. 10. Petitioner fears for the safety of her minor child, William Taylor Hudson, due to the abuse of alcohol by Cynthia Enck while Cynthia Enck has partial custody of William Taylor Hudson. 11. Petitioner believes that Defendant, William Keith Hudson, concurs in this Complaint to restrict the visitation of Cynthia Enck to supervised visitation only to be restored to unsupervised visitation when Cynthia Enck has received an evaluation by a certified drug and alcohol abuse specialist and when she has completed any and all treatment that should be recommended as a result of the evaluation. It shall also be a condition that Cynthia Enck sign releases so that Petitioner and her attorney may provide information to and receive information from the drug and alcohol specialist. WHEREFORE, Petitioner prays your Honorable Court to Modify the existing Custody Order as suggested herein. Respectfully submitted., ANDREWS & JOHNSON By: aylo P. drews, Esq. rney for Plaintiff 78 West Pomfret Street Carlisle, P A 17013 Telephone: (717) 243-0123 I verify that the statements made in the foregoing Complaint to Modify Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904, relating to unsworn falsification to authorities. DATE: \- q- 0:0 itbJA~5- /(}) ~jil.~ . Brianne M. Hudson .~<. :.- ~~~ .:f~ r I I I -JMI8_ }} WIlLIAM K. HUDSON, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACDON -lAW NO. 01- 7238 CIVIL IN CUSTODY BRIANNE M. HUDSON, Defendant -~. COUIn' ORDER l!"'<'';'~~ , .}i: , , .a:~ , AND NOW....Jhis .30 .day...of _.::ha.Cv...o.-f~' --,.~m2, upon consideration of the- '~~, ,~_- ,_.-,~': attJclw.d Custody CoociIiation Report, it is ordeRd and . as follows: - ",.,- ,.":--; , , -, ,.....- .--..'.... ~. .~-..-.;:. 1. The Father, William K, Hudson. and the Mother, Briaooe M. Hudson. sbaIl eqjoy - ~~ shared legal custody of William Taylor Hudson. born June 3, 1999, ',- 2. The Mother sbaIl enjoy primary physical custody' of the minor child. 3. The Father sbaIl eqjoy periods of tempomy physical custody with the minor child ~ follows: A. Pending the Father's relocation to the!ilate of WHhi1lglno, Father shaD have the following custody: '.,. - ~,. i. On January 21,28,29, and 30,2002 from 9:00 3.m, uoti16:00 p.m. ~ day. Also. from l~:OO 3.m. on February 1, 2002, through Februaty 6, 2002 at 6:00 p.m. When the father bas ovemigbts, Ibose ovemigbts slid be at 3 location oIber 1ban the watemal gnadmolher's home" During this timeframe, Father sba1I ensure 1hat the minot chBtI bas reasonable telephone COIdaCt with the Motber. with the Father to attempt dai1y c:ootaa if possible. .. ~.jji~ .-:.:.,.z:""&.: ".$~' - ?:.'~'" '.::~- .;,~ -;,'fJ 1"!So .~-'~.- 4. Recogoiz.ing the Father is relocating to the late of Washington. Father may exercise temporary custody with the minor child when be returns to the Carlisle area. Fad1er sball notify Mother at least thirty (30) days, in advance when he intends to exercise custody, such notification' to be in writing.' The parties shaD work out the timeframe between themselves, with the understaIKling that Fatber will be editled to 3 large portion of his vacatio1!l time with the minor child in light of the t8ct that he is not exercising regular temporary custody. ~This will include the 01ristmas holiday ml, when the Father ~i home over O1ristmas, Oll'istmas shall be bandied such that Otristmas Day is at least shared. EXHIBIT J .l!l I -,,- ~:,.::-~l< ' ~:...- "- - ~ '"'" . .;..,~.' -;'II --- II', 5. At any point in COIIIIeCtion wiIb. anaugiDg these eJdIanges of custody between tile parties, legal couosel for 1he parties may contact die custody conciliator if there is any problem and die conciliator is authorizecjl to CODduct another custody COIdiation conference via telephone coofereoce ~ith the attorneys for the parties. Along these lines, this order may be modified at aIl~ time by request of 1he parties. with the request for modification first being submilllfld to 1he custody coociliator. 6. Father sbaIl also enjoy reasonable telephone CODIaC:t with die minor dlild when the dlild is in tile custody of 1he Mother. :~;:~~:lQ~l~w.~~~~m - .. 11II 7, While Father has custody of die minor cbiId, be IIbaO DOt consume alcohol or be under die intluence of a1cobo1. . _T- ~, BY THE OOURT. tt(~ ,} cc: Marlin L. Markley. Esquire Micbael A. Scherer, Esquire '~ ;~ . . .-i~ i l, i I I I --" . ......... .-:.,~.~-....- ~~"-:"" :.-.~:'=.:.. , ~:\~!t.~fj_, '> .. .~\41 I : I I I I : ;: .:dtr,t~..... ".P- ~.;.r.: ~.........,"'\. ..,;;:,.-- ~ ....~,....\~ \,.._. . ." . TIUI- copy' ROM RECORD ~~~~~. i ..,.",.. ffI11&"" ''''l ",""'" -f'''~'' , ;... .,.-. .~ ::~f. ~--.<- ..--~-:'. . -~._~ ~. .. i< 'I~ ~' v JON 0 7 ZIIJ2 W WILLIAM K. HUDSON, PlaiDtift' : IN THE COURY OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v : CIVIL ACOON - LAW BRIANNE M. HUDSON, Defen""'t NO. Ol-7Z38 CIVII~ IN CUSTODY CYNTHIA ENCK, Plaintiff : IN TRE COURY 01- COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v .. . . WILLIAM KEITII HUDSON, Defeadaat : NO. 01-818 CIVIL AcrION - LAW . . v BRIANNE M. HUDSON, Defen""'t : IN CUSTODY COURT ORDER AND NOW, this 10 day of JUBe, 2002, upon CODSideraticm of the aUacbed Custody CoodIiatioB Report, It is ordered and direded as follows: 1. 'Ibis Court's prior order of Jammry 30, 1001 shaD rm8a in effect subject to any modifications as set forth below. 1be Father shaD have custody of the minor child from Thorsclay, June 6, 2001 at 2:00 p.m. UDtiI Saturday, June 8, 2002 at 1:30 p..m. 2. 3. 1be patenIaI grandmodIer, Cynthia Eack, shaD enjoy periods of visitation with the minor cbild 011 aIt.enmdog Saturdays fnml 9:00 a.m. until 3:00 p.m. or at such other times as agreed upon by the ..rties. . This visitation shaD begin June 12, 2002. Upon the Father's relocation back to the Cumberland County area, it is aotic:ipated that the grandolOther's l'isitatioD will be exercised when the Father bas custody. EXHIBIT j .D .s 2- J ...... . .:{ , ~if': Jt' 4. Paragraph 4 of the January 30, 2001 Order is modified such that FatheI: shaH ooIy be obligated to &fve Mother reasooabIe IlC)tb with respect to when he is retunIiBg to Carlisle .... desins to eurdse tempcnry aIStOdy with the minor child. The parties shaD com........te with each other aIoag these lines, and both parties 8ft enaJUnged to be tIaibIe .... acknowledge each others work obIigatIoDs and other family ohI.tsom in ~..... the periods of temporary aIStody. 5. Similar to Paragraph 7 of the January 30, 2002 Order, the patemaI grancImotheI" sbaB DOt ~ alc0hoi or be wider the inftueoce of alcohol when she has custody of the minor ddId. 6. With respect to the QpCOdIIDg Christmas holiday, the parties shaD mnnmmnte betweeB ~ with respect to a period of~ Father may be afforded 0ftI" aui4was. If the pardes 8ft UD8bIe to reach an agreement, lepI c:ouuseI for the parties may contact the (OIV'J'Wor cSndly to have a custody ~ confennce sdmuIed via telephone where only the legal C01IIIsd for the parties would participate with the cood6ator. .. 7. This Order is also euter'ed ~ the lid that Father . UIIaefttly residing in the state of WasbingtoD and that he ",m be v1tinmtely rdocating to PennsylftDia. At that time, either party may petition the court to have tbk order' modified. BY '!BE COURT, ti.P 1;. fi I.~;~, B. Bayley J. cc: Michael A. Scherer Gary L. Kelley, Esquire LiDdsay Dare Baird, Esquire .". . .-:: ~.: TRUE COPY FROM RECORD In testImOny .bend..1 here unto set my hand and \lIII soaI aI said 1"' CI/tSII. Pa. 11IIs II ~ .,;:. r :. '-'2- ( () :C,~. ,.utt.onotarl ,.;.:' ..- -'-. .. . :~'.~'..+:~i-~ft~~~~~.~_._-. - -." ',,:.~l~.:":'./-': ...;. - ." ,:....,~ ._~::.'.: - ~ () f"; D3B~ ..........._.....\.. t~ ;~~:;; ~-' ~;~ ;: i~i! :2:: =< o (.,) c.... :;r~~ ~e o 'TI C> .1 j= :':1 N :;:~ -::::1 :-) :, -, ,"f] -:.., 55 -< :.n fv WILLIAM KEITH HUDSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 01-7238 CIVIL TERM ......--- BRIANNE M. HUDSON, Defendant : IN CUSTODY CYNTHIA ENCK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION WILLIAM KEITH HUDSON, Defendant : NO. 02-1810 CIVIL TERM VI. BRIANNE M. HUDSON, Defendant : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow, Brianne M. Hudson, Petitioner/Defendant, to proceed in forma pauperis. I, Taylor P. Andrews, Esq., attorney for the party proceeding in forma pauperis, certifY that I believe the party is unable to pay the costs and that I am provo The party's affidavit showing inability to pay the costs of Iti drews, Attorney for Petitioner/Defendant WILLIAM KEITH HUDSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 01-7238 CIVIL TERM VB. BRIANNE M. HUDSON, Defendant IN CUSTODY CYNTHIA ENCK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION WILLIAM KEITH HUDSON, Defendant : NO. 02-1810 CIVIL TERM Vlll. BRIANNE M. HUDSON, Defendant IN CUSTODY AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. a. Name: Brianne Hudson Address: 154 Beetum Hollow Rd., Newville, P A 17241 b. Social Security No: 165-66-9696 If you are presently employed, state: Employer: None Address: Salary or wages per month: none Type of work: unemployed. I am mother of a young child and a student. If you are presently unemployed, state: Date oflast employment: 1998 Salary or wages per month: $6.30 per hour [this was in Germany] Type of work: Cashier c, Other income with the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security benefits: Support payments: $887 per month assured, additional $300 occassiona1ly Disability payments: Unemployment compensation and supplement benefits: Workman's compensation: Public Assistance: Other: d, Other contributions to household support (Wife)(Husband) Name: If your (husband)(wife) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: e. Property owned Cash: Checking account: $500 Savings account: Certificates of Deposit: Real Estate (including home): Motor vehicle: Make Year Cost Amount owed Stocks; bonds: Other: f Debts and obligations Mortgage: Rent: I contribute to household expenses Loans: MontWyexpenses: approx $550 per month g. Persons dependent upon you for support (Husband) Name: Children, if any: Name: William Taylor Hudson Age 3 Y2 years 4. I understand that I have a continuing obligation to infonn the court of improvements in my financial circumstances that would permit me to pay the costs incurred herein. 5, I veritY 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, 4904, relating to unsworn falsification to authorities. Date: 1-10-03 <b.~IJ\ ,\JV'Q I/J'-'!{U.f1liiti1 \ Brianne M. Hudson ..;:) !", ~ [~) 1": - ~. i C) c.) C- (,i ":,:-:, " c=, ;.',.) :.11 r .:, CYNTHIA ENCK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 01-7238/0 CIVIL ACTION LAW WILLIAM KEITH HUDSON V, BRIANNE M, HUDSON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, January 24, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before ." Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 20, 2003 , the conciliator, 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. 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 hearin2. FOR THE COURT, By: /s/ Hubert X. GilrQY. Esq. C/ 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 2 Liberty Avenue Carlisle, Pennsylvania 170 I 3 Telephone (717) 249-3166 . rf ckrrr .. If ~ ~ ~ [,Jhf.( ~ ~pfp ~1r ~ -p'1 ~nI ~~ cO, he! ~ fp 1 ;l~ 4tvv.p; l:OhC'1 , I""' ~QN~3d , f'\ \:Ir-N'1 '\,:,'~ r.\.\::'\~"N\\-..J \ ,,,\,r,(,rJ '..,,', ,... j\.J--\"i\ ,.j' . ",'\' ~G . ,.-; k ~ " ',", \' ,J, .\ V ~. ~ \ ,I. 'oJ U 'V' t \."c\ . (",c. .