HomeMy WebLinkAbout10-3093JANE ADAMS
ATTORNEY AT LAW
Attorney I.D. No. 79465
17 W. South St.
Carlisle, Pa. 17013
(717) 245-8508
esgadams@gmail.com
KEITH WINDEMAKER,
Plaintiff
vs.
AUTUMN BRENNAN,
Defendant
a
lots !oy Zs 54
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 16 303 Civil Term
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY COMPLAINT
1. Plaintiff is Keith Windemaker, who currently resides at 75 Bonnybrook Road,
Lot 1, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant is Autumn Brennan, who currently lives on Spring Garden Street,
Carlisle, Pennsylvania, 17013.
3. Plaintiff is the Father of the following child and seeks a custody order
regarding the following child:
NAME DOB/AGE ADDRESS
Estin Windemaker 3/20/05 Spring Garden St.
Carlisle, Pa. 17013
Mother and Father were never married. Mother currently has primary physical
custody of the child.
During the past five years, the child has resided with the following persons and at
the following addresses:
NAME ADDRESSES DATES
Autumn Brennan Spring Garden St. Birth - present
Terry Wilcock Carlisle, Pa. 17013
Maternal grandmother
The mother of the child is Autumn Brennan. She currently resides on Spring
Garden St., in Carlisle, Pennsylvania. She is not married.
The father of the child is Keith Windemaker. He currently resides at 75
Bonnybrook Road, Lot 1, Carlisle, Pennsylvania. He is not married.
4. The relationship of plaintiff to the child is that of Father. Father currently
resides alone.
5. The relationship of defendant to the child is that of Mother. The defendant
currently lives with her mother.
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 or any other state.
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: Father is requesting a custody Order which would provide
for shared legal custodv and would define Father's periods of liberal partial physical
custody. This request is in the best interest of the child because it would provide for the
stability of the child and ensure ongoing and regular contact with both parents
8. Each parent whose parental rights to the child has not been terminated and
the person who has physical custody of the child has been named as parties to this
action.
WHEREFORE, Plaintiff requests the court to enter a custody order regarding the
child.
Date:
Respectfully submitted,
,d" ne Adams, Esquire
.D. No. 79465
17 W. South St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICATION
I verify that the statements made in this Custody 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.
Date: J ?j? Keith Windemaker, Plaintiff
KEITH WINDEMAKER IN THE COURT OF COMMON PLEAS OF
Pt...A1NTIFF CUMBERLAND COUNTY, PENNSYL,vAN1A
v.
• 2010-3093 CIVIL ACTION LAW
AUTUMN BRENNAN
DEFENDANT
1N CUSTODY
ORDER OF COURT
AND NOVJ, __ Wednesday, May 19, 2010 ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator,
at 4th Floor, Cumberland Counter Courthouse, Carlisle on Friday, June 25, 2010 at 1:00 PM
for aPre-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/ oho .Man an r. Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1)90. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
roust be made at least 72 hours prior to any hearing or business before the court. You must attend the sche duled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF Y OU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TU OR TELEPHONE THE OFFICE SET
FOR"i'I-f BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
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Pennsylvania 17013 ~ Q
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KEITH WINDEMAKER
Plaintiff
v.
AUTUMN BRENNAN
Defendant
~„ ; , : IN THE COURT OF COMMON PLEAS OF
~'~'~~ ~ - ~F3~h'$~RLAND COUNTY, PENNSYLVANIA
,,
NO. 10 - 3093 CIVIL TERM
IN CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Autumn Brennan, Defendant, to proceed in forma pauperis.
I, Paul M. Ferguson, attorney for the party proceeding in forma pauperis, certify that I
believe the party is unable to pay the costs and that I am providing free legal services to the
party.
Respectfully Submitted,
TURD ROBINSON
___---
Paul M. Ferguson
Supreme Ct. No. 203293
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Defendant
,~- T .. ,,.~~~,
L1v~~..il%. i J i {'t ~~• ~J
KEITH WINDEMAKER Cu`"~T , II~~T COURT OF COMMON PLEAS OF
Plaintiff ~- `:'C'UMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 10 - 3093 CIVIL TERM
AUTUMN BRENNAN : IN CUSTODY
Defendant
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Paul M. Ferguson, Esquire, on behalf of Autumn Brennan,
the Defendant in the above-captioned case.
~ ,----
Date Paul M. Ferguson
Supreme Ct. No. 203293
28 South Pitt Street
Carlisle, PA 17013
(717)245-9688
Attorney for Defendant
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KEITH WINDEMAKER
Plaintiff
v.
AUTUMN BRENNAN
Defendant
1. Admitted.
~i.,"r'.~, ` - .IN. T~I~i~OURT OF COMMON PLEAS OF
~~-' ° "'':`C"CI~V~BERLAND COUNTY, PENNSYLVANIA
NO. 10 - 3093 CIVIL TERM
1N CUSTODY
DEFENDANT'S ANSWER TO CUSTODY
COMPLAINT AND NEW MATTER
2. Denied. Defendant Autumn Brennan, hereinafter "Mother," denies that she lives on
Spring Garden Street. By way of further answer, Mother resides at 43 Garden Parkway,
Carlisle, PA 17013.
3. Admitted in part and denied in part. Mother denies she and the child reside on Spring
Garden Street. By way of further answer, Mother resides at 43 Garden Parkway, Carlisle,
PA 17013. Mother also denies her mother's surname is spelled "Wilcock." By way of
further answer, her mother's surname is spelled "Wilcox."
4. Admitted.
5. Admitted.
6. Admitted.
7. Denied.
8. Admitted.
NEW MATTER
9. Paragraphs 1-8 are incorporated herein as if set forth at length.
10. Granting Mother sole legal custody and primary physical custody of the child subject to
Father's periods of supervised visitation serves the best interest and permanent welfare of
the child because:
a. Mother has exercised primary physical custody of the child since birth.
b. Father has not exercised overnight custody of the child since approximately
September 2009.
c. Father has had no contact with the child since Christmas Eve 2009 in which the
child's maternal grandmother supervised the visitation.
d. The child's maternal grandmother arranged for Father's most recent contact with
the child; Father did not request the visitation.
e. Father engaged in a pattern of physical abuse against Mother. For example,
Mother obtained a Protection from Abuse Order against Father in January 2006.
As a result, Mother is afraid Father may hurt the child physically.
f. Mother believes Father has a drinking problem and can be abusive when drinking.
g. Mother believes Father may have psychological issues. For example, in
approximately 2007, Father told Mother he was in a mental institution.
WHEREFORE, Defendant Autumn Brennan respectfully requests this Honorable Court
grant her sole legal custody and primary physical custody of the child subject to Plaintiff Keith
Windemaker's periods of supervised visitation.
Respectfully Submitted,
TURO ROBINSON
Dat Paul M. Ferguson
Supreme Ct. No. 203293
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Defendant
VERIFICATION
I verify that the statements made in the foregoing 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.
Date Autumn Brennan
KEITH WINDEMAKER : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 10 - 3093 CIVIL TERM
AUTUMN BRENNAN : IN CUSTODY
Defendant
CERTIFICATE OF SERVICE
I, Paul M. Ferguson, hereby certify that on June 15, 2010 I served a true and correct copy
of the attached Defendant's Answer to Custody Complaint and New Matter, by depositing same
in the United States Mail, first class, postage pre-paid, from Carlisle, Pennsylvania, addressed as
follows:
Jane Adams, Esquire
17 West South Street
Carlisle, PA 17013
Attorney for Plaintiff
TURO ROBINSON
Paul M. Ferguson
Supreme Ct. No. 203293
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Defendant
KEITH WINDEMAKER, 1N THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENN~'LV„~NIA
• ~ ~ f_~
v No. 10-3093 CIVIL ACTION L?~' ~- ~-~
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AUTUMN BRENNAN, IN CUSTODY Wl' ~' = ~ ~~ `T
Defendant ~- ~-
~,,. _
:r°` - -
ORDER OF COURT
~ N
AND NOW this ~~ ~ day of June 2010, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. Leal Custody: The Father, Keith Windemaker, and the Mother, Autumn Brennan, shall have
shared legal custody of Estin Windemaker, born 03/20/2005. The parties shall have an equal
right to make all major non-emergency decisions affecting the Child's general well-being
including, but not limited to, all decisions regarding his health, education and religion.
Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and
information pertaining to the Child including, but not limited to, medical, dental, religious or
school records, the residence address of the Child and of the other parent. To the extent one
parent has possession of any such records or information, that parent shall be required to share
the same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
a. For four weeks, commencing 06/27/10, Father shall have physical custody of
Estin every Sunday from 12:00 pm until 8:00 pm. Father shall also have
custody of Estin two evenings per week from 4:00 pm unti17:00 pm pursuant to
his work schedule and proper advance notice to Mother of the requested
evenings.
b. For a period of five weeks, Father shall have three overnights from Saturday
12:00 pm until Sunday 8:00 pm on the dates of: 07/24-07/25, 08/07-08/08, and
08/14-08/15. Father shall also have custody of Estin two evenings per week
from 4:00 pm unti17:00 pm pursuant to his work schedule and proper advance
notice to Mother of the requested evenings.
c. Commencing 08/27, Father shall have physical custody on alternating weekends
from Friday 4:00 pm until Sunday 7:00 pm. Father shall also have custody of
Estin two evenings per week from 4:00 pm unti17:00 pm pursuant to his work
schedule and proper advance notice to Mother of the requested evenings.
d. The non-custodial parent shall pick Estin up from the custodial parent's
residence or at any other mutually agreed upon location at the designated times.
e. Father shall have physical custody of the Child at such other times as the parties
may mutually agree.
3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable
basis.
4. Holidays: The parents shall share and alternate the holidays by mutual agreement. In the
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absence of agreement, the parties may contact the assigned conciliator to make a
recommendationldetermination. The holiday schedule supersedes the regular physical custody
schedule.
5. Each parent shall have one week (seven consecutive days) of vacation with the Child per year.
The requesting parent shall give the other parent 30 days advance notice of the requested time
and this vacation week shall supersede the regular physical custody schedule. In the event the
parties schedule conflicting vacations, the party first providing written notice shall have the
choice of vacation. Prior to departure, the parties will provide each other with information
regarding the intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by mutual agreement.
6. In the event the custodial parent should take the Child on an extended trip, the custodial parent
shall notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
7. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
8. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
9. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
10. Either party has the right to contact the assigned conciliator directly within 120 days of the
instant Order to schedule a status conference if one is necessary.
11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
stribution:
e Adams, Esquire
~ul Ferguson, Esquire
~ohn J. Mangan, Esquire
n
rye,/~o
~~
KEITH WINDEMAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. No. 10-3093 CIVIL ACTION LAW
AUTUMN BRENNAN, 1N CUSTODY
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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:
Name Date of Birth Currently in the Custody of
Estin Windemaker 03/20/2005 Primary Mother
2. A Conciliation Conference was held with regard to this matter on June 25, 2010 with
the following individuals in attendance:
The Mother, Autumn Brennan, with her counsel, Paul Ferguson, Esq.
The Father, Keith Windemaker, with his counsel, Jane Adams, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date John an, Esquire
Cus dy nciliator
KEITH WINDEMAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
ffie of 1h r Inistr tt,r
v. No. 10-3093 CML
?? pare
AUTUMN BRENNAN, IN CUSTODY r ?nN I i Z 44`
Defendant
Prior Judge: Kevin A. Hess, P.J.
ORDER OF COURT
AND NOW this Z V` day of January 2011, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. Legal Custody: The Father, Keith Windemaker, and the Mother, Autumn Brennan, shall have
shared legal custody of Estin Windemaker, born 03/20/2005. The parties shall have an equal
right to make all major non-emergency decisions affecting the Child's general well-being
including, but not limited to, all decisions regarding his health, education and religion.
Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and
information pertaining to the Child including, but not limited to, medical, dental, religious or
school records, the residence address of the Child and of the other parent. To the extent one
parent has possession of any such records or information, that parent shall be required to share
the same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
a. Commencing 08/27/10, Father shall have physical custody on alternating
weekends from Friday 4:00 pm until Sunday 7:00 pm. Father shall also have
custody of Estin two evenings per week from 4:00 pm until 7:00 pm pursuant to
proper advance notice to Mother of the requested evenings.
b. The non-custodial parent shall pick Estin up from the custodial parent's
residence or at any other mutually agreed upon location at the designated times.
C. Father's periods of custody are predicated on Father being able to provide
appropriate overnight accommodations for Estin. In the event Father is not able
to provide appropriate overnight accommodations, his overnight periods shall be
suspended and the parties may contact the assigned conciliator directly to
establish an appropriate schedule.
d. Mother shall be informed of the location of where Estin is spending overnights
with Father.
e. Father shall have physical custody of the Child at such other times as the parties
may mutually agree.
3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable
basis.
4. Holidays: The parents shall share and alternate the holidays by mutual agreement. In the
absence of agreement, the parties shall adhere to the attached holiday schedule. The holiday
U
schedule supersedes the regular physical custody schedule.
5. To the extent possible, the parties shall attempt to not smoke in confined places while Estin is
in their care.
6. The parties shall ensure that appropriate car seats/restraints are used when transporting Estin.
7. Responsible licensed third parties may transport the Child for the custody exchanges.
8. Each parent shall have one week (seven consecutive days) of vacation with the Child per year.
The requesting parent shall give the other parent 30 days advance notice of the requested time
and this vacation week shall supersede the regular physical custody schedule. In the event the
parties schedule conflicting vacations, the party first providing written notice shall have the
choice of vacation. Prior to departure, the parties will provide each other with information
regarding the intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by mutual agreement.
9. In the event the custodial parent should take the Child on an extended trip, the custodial parent
shall notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
10. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
11. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
12. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
By the Court,
C, -n
m C_ M_
cn ? ' J. tv 70 C)
Distribution: / C'??
Keith Windemaker, P.O. Box 231, Carlisle, PA 17013 ° s?• cD_n
Paul Ferguson, Esquire
John J. Mangan, Esquire CL r-a
- '
i pd
TIMES EVEN ODD
HOLIDAYS AND YEARS YEARS
SPECIAL DAYS
Easter Da 1St Half From 9 am until 3 m Father Mother
Easter Da 2° Half From 3 m until 9 m Mother Father
Memorial' Day From 9 am until 9 pm Mother Father
-Independence Day From 9 am until 9 m Father Mother
Labor Day From 9 am until 9 m Mother Father
Halloween From one hour before trick or Father Mother
treating to one hour after trick or
treating
Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father Mother
Half m on Thanksgiving Day
Thanksgiving 2° From 2 pm on Thanksgiving Day to Mother Father
half noon the day after Thanksgiving Day
Christmas 1St Half From noon on 12/24 to noon on Mother Father
12/25
Christmas Half From noon on 12/25 to noon on Father Mother
12/26
New Year's From 6 pm 12/31 until noon January Mother Father
1St (with the 12/31 year to control the
even/odd determination)
Mother's Day From 9 am until 9 m Mother Mother
Father's Day From 9 am until 9 pm Father Father
KEITH WINDEMAKER,
Plaintiff
V.
AUTUMN BRENNAN,
Defendant
Prior Judge: Kevin A. Hess, P.J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 10-3093 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), 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:
Name Date of Birth Currently in the Custody of
Estin Windemaker 03/20/2005 Primary Mother
2. A Conciliation Conference was held with regard to this matter on June 25, 2010, an
Order was issued June 30, 2010 and a conference was held November 16, 2010 with the
following individuals in attendance:
The Mother, Autumn Brennan, with her counsel, Paul Ferguson, Esq.
The Father, Keith Windemaker, pro se
3. The parties agreed to the entry of an Order in the form as attached.
Date
John J a n, squire
Cust y nciliator