HomeMy WebLinkAbout01-0636 FX
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WENDY S. ALEXANDER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. () 1- r. 3C. Ci;,J -r JI-t.-
JAMES GLUCKSMAN & JULIE
GLUCKSMAN,
Defendants
CHILD CUSTODY
MOTION FOR EMERGENCY RELIEF
AND NOW comes the above-named Plaintiff, WENDY S. ALEXANDER, by her
attorney, Samuel L. Andes, and moves the court for emergency relief, based upon the
following:
1. The Petitioner herein is the Plaintiff, WENDY S. ALEXANDER, an adult individual
who resides at 530 North 3rd Street in Wormleysburg, Cumberland County, Pennsylvania.
2. The Respondents herein are the Defendants, JAMES GLUCKSMAN and JULIE
GLUCKSMAN, his wife, adult individuals who reside in Lower Allen Township, Cumberland
County, Pennsylvania, and whose address, for purposes of this litigation, is care of James
A. Miller, Esquire, 2210 Market Street in Camp Hill, Cumberland County, Pennsylvania.
3. This action involves the physical custody of Plaintiff's minor child, a male infant
born to her at the Holy Spirit Hospital on 13 December 2000.
4. Defendants came into possession of the child pursuant to a tentative agreement
involving their adoption of the child.
5. In early January of this year, Plaintiff exercised her lawful rights to withdraw
from that agreement and to decline to consent to the Defendants' adoption of her child. At
that time she advised Defendants and their attorney that she had withdrawn from the
agreement and requested that they return possession of the child to her.
6. Defendants have refused to return possession of the child to Plaintiff and have
no lawful or valid grounds to retain the child against Plaintiff's will.
7. The child is at a critical stage of its development and is forming a bond with the
adult person or persons providing care for him. Defendants' refusal to return the child to
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Plaintiff prevents Plaintiff from forming a proper mother-child bond and threatens to
irretrievably damage the child and its relationship with Plaintiff.
8. Delay in returning the child to Plaintiff threatens irreparable harm over the
balance of the child's life by delaying, obstructing, or otherwise impairing the development
of a healthy mother-child bond at this critical stage.
9. Plaintiff is a long-term resident of Cumberland County who intends to remain in
Cumberland County for the indefinite future. All of Plaintiff's resources, including those
members of her family that emotionally support her, her source of financial support, her
schooling, and the like, are in Cumberland County. Plaintiff has no reason to depart
Cumberland County in the foreseeable future.
10. No party stands to gain any benefit from the Defendants retaining possession
of Plaintiff's child.
11. The harm to Plaintiff and to her child which will be caused by delaying the
return of the child to her far outweighs any potential harm which could be caused by
returning the child to Plaintiff until this matter is resolved.
12. Defendants have no legal right whatsoever to withhold the subject child from
Plaintiff's care and custody.
WHEREFORE, Plaintiff moves this court for an order awarding her immediate
temporary custody of the child pending further order of this court.
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el L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
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OMMONWEALTH OF PENNSYLVANIA
SS.:
COUNTY OF CUMBERLAND
WENDY S. ALEXANDER, being duly sworn according to law, deposes and says that
the facts set forth in the foregoing document are true and correct to the best of her
knowledge, information, and belief.
tb--JJL~
WENDY S L XANDER
Sworn to and subscribed
before me this 29:1i- day
! of 5~ ,2001.
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Notar Public
_ NOTARIAl. sm
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WENDY S. ALEXANDER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAMES GLUCKSMAN AND
JULIE GLUCKSMAN
: NO. 2001-0636 CIVIL TERM
ORDER OF COURT
AND NOW, this 1ST day of FEBRUARY, 2001, a Rule is issued upon
defendants' James and Julie Glucksman to Show Cause why the child, born December
13,2000, should not be returned to plaintiff Wendy S. Alexander (natural mother).
Rule returnable on WEDNESDAY. FEBRUARY. 21. 2001. at 8:15 a.m. in . ('\ ~
Courtroom #5 of the Cumberland County Courthouse, Carlisle, Pa. ~
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By the Court, 0 ~\\
Edward E. Guido, J.
Samuel 1. Andes, Esquire
For the Plaintiff
James A. Miller, Esquire
For the Defendants
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CUM~1HU'.i'iU COUNTY
PeNNSYLVANIA
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WENDY S. ALEXANDER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO.OI- Ie.Jb CO,.[c,-~
JAMES GLUCKSMAN & JULIE
GLUCKSMAN,
Defendants
CHILD CUSTODY
ORDER OF COURT
AND NOW, this day of , 2001, upon consideration
of the Complaint filed in this matter, it is hereby directed that the parties and their
respective counsel appear before
at
, the conciliator,
, Pennsylvania, on
the day of
Custody Conference.
, 2001, at o'clock _.m. for a Pre-Hearing
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 a temporary order. All children aged 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.
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.
COURT ADMINISTRATOR, FOURTH FLOOR
CUMBERLAND COUNTY COURT HOUSE
1 COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 240-6200
FOR THE COURT,
BY
CUSTODY CONCILIATOR
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WENDY S. ALEXANDER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01- L.3<, ~ J~
JAMES GLUCKSMAN & JULIE
GLUCKSMAN,
Defendant
CHILD CUSTODY
COMPLAINT IN CUSTODY
AND NOW comes the Plaintiff, WENDY S. ALEXANDER, by her attorney, Samuel L.
Andes, and makes the following Complaint for Custody:
1. The Plaintiff is WENDY S. ALEXANDER, an adult individual who resides at 530
North 3rd Street in Wormleysburg, Cumberland County, Pennsylvania.
2. The Defendants are JAMES GLUCKSMAN and JULIE GLUCKSMAN, his wife,
adult individuals who reside in Lower Allen Township, Cumberland County, Pennsylvania,
and whose address, for purposes of this litigation, is care of James A. Miller, Esquire,
2210 Market Street in Camp Hill, Cumberland County, Pennsylvania.
3. Plaintiff and the Defendants are not related.
4. Plaintiff is the mother of a male child born to her at the Holy Spirit Hospital in
Cumberland County, Pennsylvania on 13 December 2000. The said child is currently, to
the best of Plaintiff's knowledge, in the physical possession of the Defendants.
5. Plaintiff originally agreed to permit the Defendants to have physical possession
of her child as part of a plan to permit the Defendants to adopt the child. In early January
of 2001, Plaintiff changed her mind regarding the adoption, notified Defendants of that
change and advised them that she would not consent to their adoption of her child and
requested that they return the child to her. To date, Defendants have refused to return the
child to her and maintain the child in their possession.
6. To the best of Plaintiff's knowledge, the father of the child is Ryan Shaffer who
resides at 14 Nottingham Road in Camp Hill, Cumberland County, Pennsylvania. The father
has not, to the best of Plaintiff's knowledge, expressed any interest in the child or having
custody of the child.
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7. Plaintiff desires to have exclusive legal and physical custody of her child for the
following reasons:
A. She is the child's biological parent and is the only parent who has
expressed an interest in having the child and taking responsibility for him; and
B. The Defendants have possession of the child pursuant to an
agreement which has now been rescinded and have no biological, moral, or
other connection to the child; and
C. The Defendants do not have legal standing to assert any claim of
rights with regard to the child or the custody of the child; and
D. It is in the best interest of the child that he be with his biological
parent and be raised by that parent; and
E. She is the person best able to meet all of the needs of the child; and
F. It is in the child's best interests, both immediately and over the long
term, that the child be in her custody and be raised by her.
WHEREFORE, Plaintiff prays this Court to award her primary or exclusive legal and
physical custody of her child and direct the Defendants to immediately restore possession
of the child to her.
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Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
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COMMONWEALTH OF PENNSYLVANIA )
( SS.:
COUNTY OF CUMBERLAND )
WENDY S. ALEXANDER, being duly sworn according to law, deposes and says that
the facts set forth in the foregoing Complaint for Custody are true and correct to the best
of her knowledge, information, and belief.
fA 1.-, V/ic
WENDY S-: ALEXANDER
Sworn to and subscribed
before me this Z. 9 +" day
of 'S~ ,2001.
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Notary Public.
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WENDY S. ALEXANDER
PLAINTIFF
V.
JAMES GLUCKSMAN & JULIE GLUCKSMAN
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-636
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 5th day (}f February, 2001, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliat
at 214 Seuate Aveuue, Suite 105, Camp Hill, PA 17011 on the 7th day of March ,2001, at 1:00 p.m.
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.
FOR THE COURT,
By: Isl
Melissa P. Greevy. Es~
Custody Conciliator Jjf.
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
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PENNSYLVANiA
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MAR 2 2 200.ftJ
WENDY S. ALEXANDER,
Plaintiff
vs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-636
JAMES GLUCKSMAN AND
JULIE GLUCKSMAN,
CIVIL ACTION - LAW
CUSTODY
Defendants
ORDER OF COURT
AND NOW, this 20th day of February, 2001, the Conciliator, having been notified by
counsel for the Plaintiff that the matter has been resolved by stipulation of the parties, hereby
relinquished jurisdiction.
FOR THE COURT,
(-A.,~O--r
Melissa Peel Greevy, Esquire
Custody Conciliator
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CUMBCfiU,NU COUl'-o'1Y
PENNSYLVANIA
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Wendy S. Alexander
Plaintiff
In the Court of Common Pleas
Cumberland County, Pennsylvania
v.
No.: 2001-0636 Civil Term
James Glucksman and
Julie Glucksman
Civil Action - Law
Child Custody
ORDER OF COlJRT
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AND NOW, this ~ day of
, 2001, upon review and
consideration of the attached Stipulation, it is hereby:
ORDERED that said Stipulation attached hereto shall be made an Order of Court
for Custody.
BY THE COURT:
able Edward E. Guido, Jr.
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Wendy S. Alexander
Plaintiff
In the Court of Common Pleas
Cumberland County, Pennsylvania
v.
No.: 2001-0636 Civil Term
James Glucksman and
Julie Glucksman
Civil Action - Law
Child Custody
MOTION TO ENTER STIPlJI,ATION
NOW COME, the parties herein and respectfully request that your Honorable
Court enter the Stipulation for Custody.
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James . Miller, Esquire
2010 arket Street
C pHill, PA 17011
717) 737-6400
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WENDYS.ALEXANDE~
PlalntlR'
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 2001-0636 CIVIL TERM
JAMES GLUCKSMAN and
JULIE GLUCKSMAN,
Husballd and Wire,
Defendants
: CIVIL ACTION . LAW
: IN CUSTODY
STIPULATION FOR CU$TODY
AND NOW, comes Plaintiff, Wendy S. Alexander, a minor, and Defendants, James
Glucksman and Julie Glucksman, Husband and Wife, and agree as follows:
I. Defendants James Glucksman and Julie Glucksman shall have sole legal and sole
physical custody of the minor child, born "Baby Alexander" on December 13, 2000, now known
as James Preston Alexander.
2. Plaimift'Wendy S. Alexander, a minor, shall not have any legal rights to said minor
child, lesal, physical or otherwise.
3. Ryan P. Shaffer, a minor, acknowledaes that he could be the father of the subject
minor child, and although paternity has not been detennined by testing, he consents to the
foregoii\g terms and does further release and relinquish any and all rights to said minor child he
may have, legal, physical or otherwise.
4. The parties hereto agree and acknowledge that this Stipulation shall be entered as
an Ordllr ofCoun.
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This Stipulation may be llJlccuted in counter-parts.
WITNESS:
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es Glucksman
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1 Glue man
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~en~ . Alexand~ r-
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We are the parents of Wendy S. Alexander who has executed this document, consenting to waive
any legal rights to Baby Alexander, n!kIa James Preston Alexander. Since Wendy is under 18
years of age we have also signed this document ratifYing and confirming the decision of our
daughter.
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Witness
Witness
Ryan P. Shaffer
We are the parents of Ryan P. Shaffer who has executed this document, consenting to waive any
legal rights to Baby Alexander, n!kIa James Preston Alexander. Since Ryan .is under 18 years of
age we have also signed this document ratifying and confirrr.ing the decision of our son.
Witness
Michael P. Shaffer
Witness
J. Kay Shaffer
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WENDY S. ALEXANDER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001-0636 CIVIL TERM
JAMES GLUCKSMAN and
JULIE GLUCKSMAN,
Husband and Wife,
Defendants
: CIVIL ACTION - LAW
: IN CUSTODY
STIPULATION FOR CUSTODY
AND NOW, comes Plaintiff, Wendy S. Alexander, a minor, and Defendants, James
Glucksman and Julie Glucksman, Husband and Wife, and agree as follows:
1. Defendants James Glucksman and Julie Glucksman shall have sole legal and sole
physical custody of the minor child, born "Baby Alexander" on December 13, 2000, now known
as James Preston Alexander.
2. Plaintiff Wendy S. Alexander, a minor, shall not have any legal rights to said minor
child, legal, physical or otherwise.
3. Ryan P. Shaffer, a minor, acknowledges that he could be the father of the subject
minor child, and although paternity has not been determined by testing, he consents to the
foregoing terms and does further release and relinquish any and all rights to said minor child he
may have, legal, physical or otherwise.
4. The parties hereto agree and acknowledge that this Stipulation shall be entered as
an Order of Court.
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5. This Stipulation may be executed in counter-parts.
WITNESS:
James Glucksman
Julie Glucksman
Wendy S. Alexander
I am the legal guardian of Wendy S. Alexander who has executed this document, consenting to
waive any legal rights to Baby Alexander, nIkIa James Preston Alexander. Since Wendy is under
18 years of age I have also signed this document ratifYing and confinning her decision,
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R~haffer 'A ------
We are the parents of Ryan P. Shaffer who has executed this document, consenting to waive any
legal rights to Baby Alexa1lder, nIkIa James Preston Alexander. Since Ryan is under 18 years of
age we have also signed this document ratifYing and confirming the decision of our son.
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Michael P. Shaffer '
itness
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Wendy S, Alexander
Plaintiff
v.
James Glucksman and
Julie Glucksman
Certificate of Service
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In the Court of Common Pleas
Cumberland County, Pennsylvania
No,: 2001-0636 Civil Term
Civil Action - Law
Child Custody
I, James A. Miller, hereby certifY that I have forwarded by United States First
Class Mail, postage prepaid to the person(s) on the date indicated below a copy of the
preceding document( s).
Date:
Samuel L. Andes, Esquire
525 N, Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
Kathleen Carey Daley, Esquire
1029 Scenery Drive
Harrisburg, P A 17109
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James A. 'lIer, Esquire
rket Street
CHill, PA 17011
17)737-6400
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SAMUEL L. ANDES
ATTORNEY AT LAW
525 NORTH TWELFTH STREET
P. 0, BOX 168
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(7J7) 761-5361
20 February 2001
FAX
(717) 761-1435
Sent by fax & regular mail
The Honorable Edward Guido
Judge of the Court of Common Pleas
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
_~'_~'"~'D~_
RE: endy S. nder vs. James & Julie Glucksman
o. 01-636 Civ Term
Dear Judge Guido:
You have a hearing scheduled at 8:30 a.m. on Wednesday, 21
February 2001, on my client's request for emergency relief in the above
matter. The case involves custody of a child involved in an adoption in
which my client, the biological mother, changed her mind.
I write to report that the parties have resolved this matter and that no
further proceedings will be necessary. I will file a Praecipe to terminate the
custody action within the next few days. In the meantime, the parties will
not appear before you at the hearing scheduled for Wednesday morning.
Thank you for your attention to this matter.
Sincerely,
c~
Samuel L. Andes
amh
cc: James A. Miller, Esquire
Wendy S. Alexander
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717-761-1435 SAM ANDES
97? P01
FEE 20 '01 11:25
SAMUEL L. ANDES
ATTO\l'NEY A'l: 'l.AW
lSee: NOBTIl't"W':8J:.FrH STR.BET
P. O. BOX JOB
LElfOYNE, :PllNNSY,I.:VANlA :t7043
TELSPHONE
(71.,) 7i:H-I5S,SI
20 February 2001
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(1'17) 101~143e
Slmt by fax & regular mail
The Honorable Edward Guido
Judge of the Court of Common Pleas
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: Wendy S. Alexander vs. James & Julie Glucksman
No. 01-636 Civil Term
Dear Judge Guido;
You have a hearing scheduled at 8:30 a.m. on Wednesday, 21
February 2001, on my client's request for emergency relief in the above
matter. The case involves custody of a child involved in an adoption in
which my client, the biological mother, changed her mind,
r write to report that the parties have resolved this matter and that no
further proceedings will be necessary. I will file a Praecipe to terminate the
custody action within the next few days. In the meantime. the parties will
not appear before you at the hearing scheduled for Wednesday morning,
Thank you for your attention to this matter.
Sincerely,
Samuel L. Andes
amh
cc: James A, Miller, Esquire
Wendy S. Alexander
D~
&
WENDY S. ALEXANDER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Defendants
CIVIL ACTION - LAW
NO. 01- l.J6 CUll T~
CHILD CUSTODY
vs.
JAMES GLUCKSMAN & JULIE
GLUCKSMAN,
ORDER
AND NOW this
day of
,2001, upon
consideration of the attached Petition for Custody and the Motion for Emergency Relief,
legal and physical custody of the minor child, Baby Boy Alexander, born December 13,
2000, is hereby awarded to his mother, the Plaintiff, Wendy S. Alexander, pending further
order of court.
BY THE COURT,
J.
Distribution:
Samuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 12th Street, Lemoyne, Pa 17043
James & Julie Glucksman 7~ 7- fo'fo()
c/o James A. Miller, Esquire
2010 Market Street, Camp Hill, Pa 17011
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