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HomeMy WebLinkAbout02-5136NELSON BRUMBACH, Plaintiff JULIE FINKELSTEIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. _. : CIVIL ACTION - LAW · ' IN CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are serve, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNT BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 NELSON BRUMBACH, Plaintiff JULIE FINKELSTEIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Nelson Brumbach, an adult individual who resides at 896 Humer Street, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant is Julie Finkelstein, an adult individual who resides at 713 Valley Road, Enola, Cumberland County, Pennsylvania, 17025. 3. The Plaintiff seeks shared legal and shared physical custody of the following child: Name Date of Birth ~ Nelson S. Brumbach 1/11/01 2 The child is presently in the physical custody of his Mother, who resides at the address above. The child was born out of wedlock. 4. During the past five years the child has lived with the following persons at the following addresses: ao bo With both parents 896 Humer Street Enola, PA Birth to approximately 5 months With Mother 713 Valley Road Enola, PA Approximately 5 months to present 5. The Mother of the child is Julie Finkelstein, currently residing at 813 Valley Road, Enola, Cumberland County, Pennsylvania. Her marital status is single. 6. The Father of the child is Nelson Brumbach, currently residing at 896 Humer Street, Enola, Cumberland County, Pennsylvania. 7. The relationship of the Plaintiff to the child is that of Father. Plaintiff currently resides with his mother. 8. The relationship of the Defendant to the child is that of Mother. Defendant currently resides alone with the subject minor child. 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 the custody proceedings of 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 the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has provided the child with consistent and loving care. b. Plaintiff is willing and able to continue to provide proper care and supervision of the child. c. Plaintiff can provide a stable and loving environment to the child. 10. Each parent whose parental rights of the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Plaintiff requests the Court to grant shared physical and legal custody of the child to the Plaintiff. Respectfully Submitted, Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: NELSON BRUMBACH, Plaintiff JULIE FINKELSTEIN, Defendant : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW : IN CUSTODY yERIFICATIO~N I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Nelson Brumbach NELSON BRUMBACH, Plaintiff JULIE FINKELSTEIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. C);~ ~- : : CIVIL ACTION - LAW : IN CUSTODY CUSTODY STIPULATION THIS AGREEMENT is made and entered into between NELSON BRUMBACH and JULIE FINKELSTEIN, hereinafter referred to as Father and Mother. The parties are thc natural parents of Nelson Stewart Brumbach, born 1/11/01. The parties desire to enter into an agreement concerning the custody of their son under the following terms: 1. The parties shall share legal and physical custody of the child. Mother shall provide Father with information concerning his health, education and welfare on a regular basis and shall encourage Father to join in the decision making process as to the child's schooling, medical care and other important issues associated with his life. 2. Mother shall have primary physical custody at her residence and the parties shall share physical custody of the child under a schedule mutually agreed on by the parties. 3. In the event of any serious illness of the child at any time, any party then having custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. 4. The parties shall exert every reasonable effort to maintain free access and unhampered contact between the child and each of the parties, and to foster a feeling of affection between the child and the other party. Neither party shall do anything which may estrange the child from the other party, or injure the child's opinion as to his mother or father, or which may hamper the free and natural development of the child's love and respect for the other party. 5. Neither party shall relocate with the child more than fifty (50) miles from their present residence unless they give at least 60 days written notice to the other party of their intention to do so. 6. This agreement shall be entered as an Order of Court with the Court of Common Pleas of Cumberland County, Pennsylvania and said Court shall retain jurisdiction over this case as long as at least one of the parties remains a residence of Cumberland County. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the [/'~- day of ~)~,2~ ~d t/ , 2002, at Harrisburg, Pennsylvania. In the presence of: WITNESS · Julie Finkelsteinc (SEAL) NELSON BRUMBACH, Plaintiff JULIE FINKELSTEIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~a - S'13~ _. : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this Z-~~'' day of oc.~M.,- , 2002, it is hereby ORDERED and DECREED that the attached Custody Stipulation is made and entered as an Order of this Court. BY THE COURT: JJ