The URL can be used to link to this page

Home My WebLink About02-1810 CYNTHIA ENCK, Plaintiff V. WILLIAM KEITH HUDSON, Defendant V. BRIANNE HUDSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : _. : : No. 02- /£/O CIVIL TERM : _. : : : IN CUSTODY : COMPLAINT FOR CUSTODY 1. The plaintiff is Cynthia Enck, residing at 4238 Valley Road, Shermansdale, Perry County, Pennsylvania, 17090. 2. The defendants are William Keith Hudson, residing at HHC 1/$ IN BN, MBN # 160, Ft. Lewis, Washington, and Brianne Hudson residing at 154 Beetum Hollow Road, Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff seeks periods of partial custody of the following child: Name Present Residence ~g~ William Taylor Hudson 154 Beetum Hollow Road, Newville, PA 17241 2 The child was not born out of wedlock. The child is presently in the custody of mother who resides at 154 Beetum Hollow Road, Newville, PA. During the past two years, the child has resided with the following persons and at the following addresses: Person _Address Dates Brianna Hudson 154 Beetum Hollow Road, Newville, PA 17241 Nov 2001-Present Javette and Jim Kerr Mother and Father CMR 440, Box 413, APO, AE 09175 June 3, 1999 - Nov 2001 The mother of the child is Brianna Hudson, currently residing at 154 Beetum Hollow Road, Newville, PA, 17241. She is married. The father of the child is William Keith Hudson, currently residing at HHC 1/5 IN BN, MBN # 160, Ft. Lewis, Washington. He is married. 4. The relationship of plaintiff to the child is that of paternal grandmother. The plaintiff currently resides with the following persons: Name Relationship Rodney A. Enck Paternal Step-Grandfather $. The relationship of the first defendant to the child is that of father. The defendant currently resides with the following persons: Name None Relationship The relationship of the second defendant to the child is that of mother. The defendant currently resides with the following persons: _Name William Taylor Hudson Subject of Complaint Jim Kerr }avette Kerr Maternal Grandfather Maternal Grandmother 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another 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. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff can provide the child with a adequate moral, emotional and physical surroundings as required to meet the child's needs; b) Plaintiff is willing to accept partial custody of the child; c) Plaintiff enjoys the love and affection of the child. 8. 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: Name .Address NONE Basis of Claim Wherefore, plaintiff requests the court to grant her partial custody of the child. I ~ndsay Darq~aird, Esqhire sou'th - Carlisle, PA 17013 Attorney for Plaintiff I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS ,~4904 relating to unsworn falsification to authorities. . C!?'a Enck, Plaintiff CYNTHIA ENCK Plaintiff : WILLIAM KEITH HUDSON : Defendant INTHE COURTOF COMMONPLEAS OF CUMBERLAND COUNTY, PENNSYLVANiA 02-1810 CIVIL ACTION LAW v. : FNCUSTODY BRIANNE HUDSON Defendant AND NOW, Monday, April 22, 2002 , 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 Thursday, May 16, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disput~ or if this cannot be accomplished, to define and narrow the issues to be heard b~ 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. 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 ATFORNEY 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 JUN 0 7 200Z WILLIAM K. HUDSON, Plaintiff BRIANNE M. HUDSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 01 - 7238 CIVIL : IN CUSTODY CYNTHIA ENCK, Plaintiff V WILLIAM KEITH HUDSON, Defendant BRIANNE M. HUDSON, Defendant : NO. 02 - 810 ~/ : IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CO~TO~ER AND NOW, this __~ day of June, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: This Court's prior order of January 30, 2002 shall remain in effect subject to any modifications as set forth below. 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. 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. AINNO0 WILLIAM K. HUDSON, Plaintiff BRIANNE M. HUDSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 7238 CIVIL : 1N CUSTODY CYNTHIA ENCK, Plaintiff WILLIAM KEITH HUDSON, Defendant BRIANNE M. HUDSON, Defendant NO. 02 - 810 : IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Prior Judge: Edgar B. Bayley CONCH.IATION 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 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 June 6, 2002, with the following individ~_mls in attendance: The Father, William K. Hudson, with his counsel, Michael A. Scherer, Esquire; the Mother, Brianne M. Hudson, with her couo~sei, Gary L. Kelley, Esquire; and the Paternal Grandmother, Cynthia Enck, with her counsel Lindsay Dare Baird. e After strong recommendations from the custody conciliator, the parties agr~d to the entry of a court order in the fori~i as attached. WILLIAM KEITH HUDSON, Plaintiff vi. BRIANNE M. HUDSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · NO: 01-7238 CIVIL TERM · IN CUSTODY CYNTHIA ENCK, Plaintiff WILLIAM KEITH HUDSON, Defendant vii. BRIANNE M. HUDSON, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · CUSTODY/VISITATION : : NO. 02-1810 CIVIL TERM · 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, PA 17241, and she is represented by Taylor P. Andrews, Esq., 78 W. Pomfret St., Carlisl.e, PA 17013. Washington. Carlisle, PA. 4. Pennsylvania. Defendant, William Keith Hudson, resides at HHC 1/5 BN, MBN #160, Ft. Lewis, He has been represented in this action by Michael A. Scherer, Esq. 17 W. South St., Respondent, Cynthia Enck, resides at 4238 Valley Road, Shermansdale, Perry County, 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 Williarn K. Hudson with regard to their son William Taylor Hudson, born June 3, 1999. (A copy of this Court Order is attached hereto as Exhibit 1) 6. On june 10, 2002 an Order for Custody was entered at 01'7238 and at 02-1810 m°difying 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 alcohol 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 of the 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 Carlisle, PA 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. § 4904, relating to unswom falsification to authorities. DATE: Brianne M. Hudson Wn. LIA~ K. ~N, Plaintiff V : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRIANNE M. HUDSON, NO. 01 - 7238 CI~IL l)ofeadant B",{ CUSTODY The Father, William K. Hudson, and the Mother, Btianne M. Hudson, shall enjoy shared legal custody of William Taylor Hudson, barn June 3, 1999. A. Pending ~he Father's ndocation m the state of WashingUm, Father shall have'the following cusUxly: i. On jammry 2-/, 28, 29, and 30, 2002 from 9:00 a-m- until 6:00 p.m. ~ day. Also, f-u~n 9'.-'00 a.m. ou Fdmmaty 1, 2002, th.,.ough ~ 6, ~ at 6:00 p.m' '~Fn~n lhe fathm' has :- ' ova'nib, htr, tho~ ovomights siudi be at a lc,~__~ othem' than fiM~ Ro:ognizing tho Fath~ is tdocafing to the state of Washin{U~ Fath~ may will be em, titi~ to a ~ portion of h{,~ vacation tin~ with the minor child in fight EXHIBIT .% WILLIAM lC. HUDSON, Plaintiff : IN THE COURT OF' COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 01 - 7238 CIV]~. 1N CUSI'ODY V WILLIAM KEffH HUDSON, Defendant V : IN THE COURT OF COMMON PLEAS OF CUM~~ OOU~ri~, p~SYLVANIA o2-m Cm ACnO -'L W -- ./ : IN ~ODY C(mcilhflm Rep°rt' # is °rdered and (~ted as f°il°ws: '~! 1. This Court's prior order of Jannary 30, 2002 slum rnnn~ m effect snbject to 2. 'l'ne Father shall have cust°dy °f the nub°F, tc~.~ ~ ~Y' June 6' 2002 ' at 2.'00 p.m. until Saturday, June 8, 2002 at 1'.~~ p.m. : ?.--...-.:. i=/? Z e omy ue m-~,~ ~-- . ..... Lry emlmly with the nmmr .,,,,,...d,~ eo Cm"lble nmi desi~ m encerc~ tct~. _ ........ ., With --'--- t,, Iht unennim Chflstum holiday, the partks_~ nave cmm-y -- - ......... conciliator. residing in the state of Wm~ and that he wm be ul~ rd°~ t° BY THE COURT, Gary L. Kdley, Esquire Ltndsay Dare h~d, ~ TRUE COPY FROM RECORD In Testimom/wlmml.-I hem untu set my ham ,_ ~ ~ _~ /I .... WILLIAM KEITH HUDSON, Plaintiff BRIANNE M. HUDSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 01-7238 CIVIL TERM : : IN CUSTODY : CYNTHIA ENCK, Plaintiff WILLIAM KEITH HUDSON, Defendant vi. BRIANNE M. HUDSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : CUSTODY/VISITATION : : NO. 02-1810 CIVIL TERM ~ . : : 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 th,e party is.unable.to p. ay t.h.e costs and that I am pro__gal services to the party. The party s affidawt showing ~nabfl~ty to pay the ~o. Taylor//f.t~drews, Attorney for Petitioner/Defendant WILLIAM KEITH HUDSON, Plaintiff vii. BRIANNE M. HUDSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 01-7238 CIVIL TERM : : IN CUSTODY CYNTHIA ENCK, Plaintiff Vo WILLIAM KEITH HUDSON, Defendant ooo Vnl. BRIANNE M. HUDSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : CUSTODY/VISITATION : : NO. 02-1810 CIVIL TERM : : : : 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 tree and correct. a. Name: Address: b. Social Security No: If you are presently employed, state: Employer: None Address: Brianne Hudson 154 Beetum Hollow Rd., Newville, PA 17241 165-66-9696 Salary or wages per month: none Type of work: unemployed. I am mother ora young child and a student. Date of last employment: Salary or wages per month: Type of work: C. If you are presently unemployed, state: 1998 $6.30 per hour [this was in Germany] Cashier 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 occassionally Disability payments: Unemployment compensation and supplement benefits: Workman's compensation: Public Assistance: Other: Other contributions to household support (Wife)(Husband) Name: If your (husband)(wife) is employed, state Employer: Salaxy or wages per month: Type of work: Contributions from children: Property owned Cash: Checking account: $500 Savings account: Certificates of Deposit: Real Estate (including home): Motor vehicle: Make Cost Stocks; bonds: Other: Debts and obligations Mortgage: Rent: Loans: Monthly expenses: Year Amount owed I contribUte t° household expenses approx $550 per month Persons dependent upon you for support (Husband) Name: Children, if any: Name: William Taylor Hudson Age 3 ½ years 4. I understand that I have a continuing obligation to inform the court of improvements in my financial circumstances that would permit me to pay the costs incurred herein. 5. 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. 4904, relating to unsworn falsification to authorities. Date: 1-10-03 Brianne M. Hudson CYNTHIA ENCK PLAINTIFF : V. : WILLIAM KEITH HUDSON V. BRIANNE M. HUDSON : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ CIVIL ACTION LAW IN CUSTODY 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. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 20, 2003 at 8:30 AM for a Pre-Hearing Custody C(mference. 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 grotmds 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, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply wi th 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 }lAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTtt BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 WILLIAM KEITH HUDSON, Plaintiff V BRIANNE M. HUDSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 01 - 7238 CIVIL : IN CUSTODY CYNTHIA ENCK, : Plaintiff : : V _' WILLIAM KEITH HUDSON, : Defendant : V BRIANNE M. HUDSON, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION'- LAW NO. 02 - 1810 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~r day of March, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered as follows: The rights of the Paternal Grandmother to have temporary custody of the minor child are suspended. In all other respects, the prior Orders of Court shall remain in effect. CC: 0 In the event the parties work out an arrangement that the Paternal Grandmother may exercise temporary physical custody with the minor child, the parties are free to proceed with that arrangement. Lindsay D. Baird, Esquire Michael A. Scherer, Esquire Taylor P. Andrews, Esquire In the event the Paternal Grandmother desires to modify this Order, she may petition the court to have the case sch/~~fi~onciliator. WILLIAM KEITH HUDSON, Plaintiff V BRIANNE M. HUDSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 7238 CIVIL IN CUSTODY CYNTHIA ENCK, Plaintiff v WILLIAM KEITH HUDSON, Defendant v BRIANNE M. HUDSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 1810 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8Co), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: William Taylor Hudson, born June 3, 1999. 0 A Conciliation Conference was held on March 6, 2003, with the following individuals in attendance: The Mother, Brianne M. Hudson, with her counsel, Taylor P. Andrews, Esquire; and the Maternal Grandmother, Cynthia Enck, with her counsel, Lindsay Baird. The Father, William Keith Hudson, was not present. e Based upon an agreement of the parties, the conciliator recommends the entry of an order in the form as attached. Hubert X. Gilroy, Esq!~e Custody Conciliator // DEC 1 5 2003 WILLIAM IC HUDSON, Plaintiff BRIANNE M. HUDSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 5921 CIVIL : IN CUSTODY WILL/AM IC HUDSON, Plaintiff V BRIANNE M. HUDSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 1810 CIVIL j : IN CUSTODY COURT ORDER AND NOW, this //r0~ day of December, 2003, the conciliator being advised the parties have reached an agreement, the conciliator relinquishes jurisdiction. BY THE COURT, WILLIAM K. HUDSON, Plaintiff V. BRIANNE M HUDSON, Defendant CYNTHIA ENCK, Plaintiff WILLIAM KEITH HUDSON, Defendant 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 ORDER OF COURT AND NOW, this 2,2,.~,. day of A (~z/,~.~_~ ,2003, the Court adopts the following Stipulation and Agreement as an Order of Court, with respect to the following child: William Taylor Hudson, bom 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. 8. 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 THE COURT,