HomeMy WebLinkAbout08-33960
ADOPTION SERVICES, INC., IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. : NO. 0 g' - 3 3 9G crv? 1 +cz,ft
J. GREGORY CHRISTLIEB and CIVIL ACTION - LAW
PAMELA COOK CHRISTLIEB,
Defendants. JURY TRIAL DEMANDED
N O T I C E
YOUHAVE 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 served, 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.
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 County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
N O T I C I A
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la
facha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en Persona
o por abogado y archivar en la corte en forma escrita sus defenses o sus objectiones a las
demandas encontra de su persona. Sea avisado que si usted no se defiende, la corte tomara
medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier
queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO WMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
ADOPTION SERVICES, INC.,
PLAINTIFF
V.
IN THE COURT OF COMMONS PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0S- - 3 3 9G 0;- l -Fej oL,.
J. GREGORY CHRISTLIEB and PAMELA CIVIL ACTION - IN EQUITY
COOK CHRISTLIEB, husband and wife,
DEFENDANTS
COMPLAINT
AND NOW comes ADOPTION SERVICES, INC., by its attorneys SMIGEL,
ANDERSON & SACKS, LLP, and avers the following:
1. Plaintiff is Adoption Services, Inc., an adoption agency licensed in the
Commonwealth of Pennsylvania, with an office at 28 Central Boulevard, Camp Hill,
Cumberland. County, Pennsylvania.
2. Defendants are J. Gregory Christlieb and Pamela Cook Christlieb, husband and
wife, whose current address is 106 Pine Knob Road, Newville, Cumberland County,
Pennsylvania 17241.
3. Plaintiff provides adoption services, including intermediary services to arrange
adoptions between biological parents and adopting parents.
4. The services of the Plaintiff were provided to Defendants pursuant to a contract,
which was executed by the Defendants at the offices of the Plaintiff on August 23, 1996. A copy
of the contract, entitled Prospective Adopting Parents Contract, is attached hereto as Exhibit "I".
5. Pursuant to the Contract, the Plaintiff placed an infant boy for adoption with the
Defendants on February 10, 1997.
6. The child was adopted by the Defendants before the Cumberland County Court on
August 25, 1997.
7. Paragraph 16 of the Contract requires, inter alia, the Defendants to provide
pictures and updates about the child to Plaintiff for approximately eighteen years.
8. Defendants are aware that the requirement for pictures and updates is a
contractual requirement and is also relied upon by the biological mother.
9. The biological mother has made repeated requests of the Plaintiff agency to
forward the pictures and updates, but the Defendants have arbitrarily and capriciously refused to
honor their obligations since on or about the year 2000.
10. Plaintiff has made numerous and repeated requests the Defendants to provide the
pictures and updates, but they have refused or failed to do so.
11. Paragraph 19 of the Contract obligates the Defendants to pay, inter alia, any and
all legal fees incurred by Adoption Services, Inc. to enforce the Contract.
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order requiring the
Defendants to comply with Paragraph 16 of the Contract to supply pictures and updates for the
duration of the time specified in the contract, and to pay reasonable counsel fees incurred by the
Plaintiff, together with costs.
Respectfully submitted,
SMIGEL, ANDERSON & SACKS, LLP
Y
Date: 2008
,
4 art S. Sacks, uire
I.D. #: 18050
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110-1778
(717) 234-2401
Attorneys for Plaintiff
-2
VERIFICATION
I, Vincent F. Berger, Ph.D., President of Adoption Services, Inc., a licensed adoption
agency in the Commonwealth of Pennsylvania, verify that the statements contained in the
foregoing Complaint are true and correct to the best of my knowledge, information and belief. I
understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904,
relating to unsworn falsification to authorities.
> r?
Date: May 2008
Vincent F. Berger, P .D., President
ADOPTION SERVICES, INC.
28 Central Boulevard
Camp Hill, PA 17011
03/27/2008 10:53 FAX SACKS f? 004/011
Adoption 5ervices, Inc.
28 Central Boulevard P Camp Hill, PA 17011 - (717) 737-3960 - FAX (717) 731-0157
PROSPECTM ADOPTING PARENTS CONTRACT
we. (I), the undersigned, are interested in becoming adoptive
parE-_rts and request the assistance of Adoption Services- Accord.i.ngly, We (I)
striae that we (1) .
have read and understand the Adoption Services program Description (Rev.
5/96) and T'ee and Service Schedule (Rpv. 7/96) ;
,tats that, with the exception of the information as specifically stated
in the F'rogra.m Description and I'eo;a and Service Schedule, no promises
and/or guarantees of any kind have. been made or implied to Lis (met) by
Adoption Services or its staff;
understand that we (1) will be notified of any changoni in the current
Feat and Scxvice Sc-hadule that will apply to us (pie) and agree to pay
Adoption Services for services rendered in accordance with the Fee and
Service Schedule that is in effect at the time thr servi.cez are
rendered;
4. under st;and that if we (1) provide false or misleading information to
Adoption Servecos, we (1) forfeit our (my) right to any refunds as
stated in the Adoption Se;rvicos Few, and S(--!rvice Sc.:hcdulF.;;
consent that Adoption Services and Adoption Scrv;,ce-s staf f be permitted
to C)btai.n copic;+ of, and examinc- all, our (my) psychological, medical,
legal and other records and to interview all professional and lay
perzon,-, who might provide information regarding these .records or provide
information related to our (my) desire. to adopt. a child; we (I) will
s igil a rcleaLe of ;information authorization form, as requested;
j7. . understand that the iriforma'ta.on given to Adoption Service es as part of
the Registration, Applicati,.on, Horcnc Study pr;oce4.ses and post-Placement
visitations, may be contained in wx: .tten and/car verbal reports prepared
by Adoption Services and given to necessary attorneys, courts, other
agencies or government authorities.' as may be required. Furthermore, we
(1) understand, that any and all information and recordz related to the
adoption proca5s may be admitted a! courtroom evi.dc-rice and that Adoptions
Services may use any and all :info-rmati_on as parr of its preparation for
courtroom testimony;
Exhibit "l "
Page 1. of 6
03/27/2008 10:53 FAX + SACKS IaOO5/011
7. understand that we (I) may or may not agree with part of, or all of, any
rcports, statements, conclusions and recommendations made by Adoption
Services regarding our (my) desite- and/or fitness to adopt a child;
however, we (I) hereby release Adoption Services and/or its staff from
any and all liability arising from information contained in their
reports and/or conclusions and/or recommendations
8. undo r=,tiand that a Home Study and/or Pre-placement Report completed by
Adoption Services does not in any way guarantee that a child referral
will be made by Adoption Services or that the lWoption Services' Home
Study or Pre-Placement Report will be accepted by other private agencies
and./or local courts; and
arrer to keep Adoption Services informed of any material changes or
r' ntl.ciDated changes in our (my) health or ;family including separation,
marital changes, pregnancy, change of residence, change of employer and
change in family structure;
Add.i.t;i,oually, if we (I) have requested -the assistance of Adoption
Services in matching us (me) with a US-born infant/chilLd. available. for
;adoption, we (Z) stag: that we (T, )
10, ?Inder.•:stand that in all domestic (US) adoptions at least three: post-
placement visitation are required by Adoption Si?rvices and/or by state
law/regulations _ Should. we (1) not coxnp.l.y with this requireivipnt, we (1)
understand that the placement of the child may b,-.:. ID jeopardy; however,
in such instances, we (1) release Adoption Service from any and all
liability therefrom.
child, such
undersi_ancl that in case; involving the placement of a
placement will. likely take placr. prior to the termination or
,relinquishment of the biological parents' rights,. In such instances, we
(z) recognizo that, prior to -the termination or relinquishment of
parental r.-Lghts, either biological parent may change their mind
regarding the adoption process and may request the return of the child.
We (T) also recognize that the request: for reti7..r_'n, and ret:uzn., of 'the
child could result in emotional turmoil and financial loss to 1:1S (me.),
including the loss of Adoption Services' tra've'l, fees, the birthparents'
and agency' o attorneys fees and bi.rthmother and baby ho:>pi.tal/medical
related costs. In such an instance, we (I) rcl.c ase Adoption Services
from any and all liability therefrom. Fkirt hermore, in such an instance,
we (T) agree to delivor t=he- child to the Adoption Se:r'vices' office on
I;hc data and time requested by Adoption Services. In the evont that we
(1) :Eail tc corccply with the demand to return the child, we. (T) authorize
the agency to disclose our (my) identity to the natu:ca.l. parents and to
any and all other persona as deemed necessary by the agency to permit
the birthparents to pursue the return of their child. Additionally, we
(T) agree to pay for any and all time and legal fees incurred by
Adoption Services to enforce the above;
Page 2 of 6
03/27/2008 10:53 FAX SACKS Ca 006/011
:12. understand that Adoption Services asks that each birt:hmother and, whorl
possible, each birthfather complete a Birthparent Health and Genetic
History Information Form. The birthfother is also asked to sic7n a
:t;e1easr•, form allowing medical information and hospital records to be
released to Adoption Services and./or, its attorney. We (I) understand
that we (1) will be given copies of the Birthparent Health and Genetic
History Information Form with the identifying information removed. We
(I) understand, and fully acknowledge, that the medical information
given to Adoption Services and passed onto us (me may be incomplete or,
at times, misrepresented by the birt.hparents. We (I) understand that
Adoption Services does not make an independent investigation into the
birthparents' background other than to determine their intentions and
family history through interviews and conversations. 'therefore, we (I)
understand Adoption Services cannot represent any and all of the risks
for the child's health which may materialize in the present and/or
future. Accordingly, we (I) hereby release Adoption Services and/or its
staff from any and all liability ;arising from information, lack of
information or misinformation contained in information given to us (me)
about the backgrounds and medical conditions of the birthmother,
birthfatheer, their families and the child;
13. acknowledges and agree that Adoption Services cannot predict an
adoptive child's future including, but not limited to, emotional
and/or personality characteristic.,, health, nedical problems,
learning disabilities, intellectual ability, hyperactivity,
attention deficits, appearance or inherited characteristics. We
(1) further acknowledge that infor mat i„on provided by, and through,
the Agency may be incorrect because any medical. and social history
and other information obtained by the Agency ha:s been provided by
b.i,,,r.•thparents and/or by various other sources;
.4. understand 1-fiat there may be occasion when all. medical bil.lst are not
known or rare!,erated to us (me) at- the 'time of olaceme-nt . Because of
unforse.en circumstances, including _i.,asurance reimbursemccrit requirements,
any medical bills presented to us (me) , even after the placement and
adoption are completed, will remain cur responsibility;
agree to give Adoption Services the right to remove and/or recommend the
removal. of the: child from our family and terminate the child's
relationship with us (me) should, prior to :Finalization of the adoption,
such action be deemed necessary by Adoption services;
16.`\ ;agree to provide Adoption Services with pictures of, and updates on, the
1 child we (l) adopt. These picture (at least six each time) will be
provided at a minimum of three-mon•t_h intervals for the first year after
n,)..acement and at a minimum of twice per year (in Deec:eYriber and May) for
he nc-xr fOLIT, (4) years. Additionally, unle: s this ,,,e ntencc has bean
crossed out and initialed, we (I) agree to provide a I,school picture"
and update in December of each yea:-, covering aces 5 through 18. Each
-ti-me pic'ture°:s, are sent, we (I) agree 'to provide to Adoption Services ,a
written update. regarding the child and his/her development. We (1)
Urider. stand that these pictures and written updates may be transmitted to
the, bi..r.thparent(s). We (1) understand and ;agree that this Contract,
:inc-lud.ing this section, shall survive the fina), adoption of a child by
I;x . irle) aril shall not be terminated by an adoption decree;
o •, -- - -F• F,
03/27/2008 10:53 FAX
i SA;KS Z 007/011
1.7. Understand that by accepting physical custody of a child placed with us
(me), we (1) agree to, and shall, provide all necessary care of the
child until the placement is terin,inated or concludes in adoption.
Should the placement be terminated for any re=ason, we (I) release
Adoption Services from any and all liab=ility there=from;
£, . understand that confidentiality is, important to bi.rthparents and to
adoptive families. While Adoption. Services will take precautions to
protect our (my) identity and that of the bir't_hparents, by our (my)
design, the birthparent's design or by some possible error on the part
of Adoption Services, the hospital or attorneyz, involved, our (irky)
identity and that of the birthpa,rent, could be divulged. If such
happens, we (I) release. Adoption Services from any and all liability
therefrom. Additionally, we (I) understand that, :in some instances,
adoptive parents who prefer anonymity may be confronted with
birthparpnts who, subsequent to placement, but prior to termination or
relinquishment, request a meeting wy„th, or other identifying information
of, 't1 e. adopting family. In such situations, we (1) agree to either
cooperate with the birthparents, request or,, it so requested by the
birthpa,rc_nts, we (I) will return the chi„1d to Adoption Services.-
9 . `, understand and agree;, that should we (1) violate any of the above
Contract, we (1) agree to pay any and all legal, feet, incurred by
Adoption Services to enforce the above and we (I'; agre=e to pay Adoption
Services' current hourly rate for any and all time expended by Adoption
Services' staff regarding this violation;
20. understand that we (I) must comply with all of the above sect=ions as a
condition of the agency's Consent tr- the adoption;
understand and agree that this Contract shall., survive the final adoption
of a child by us (me) and hall not br-_• t(,,r unated by any adoption
dec:: ee .
Additionally, if we (I) have, requested the. assistance of Adoption
:Grvices in matching us (me) with a Chinese-born infant/child available for
adoption, we (1) state that we (1):
22, acknowledge that the various Governmental agencies in China to whom
we are refe.r_.>r'e,d are not employr,:es of Adoption Services and,
therefore, the Agency is not responsible in a.ny fashion or manner
for their actions;
23- acknow.ledge and understand that any fees charged in the Peoplc_y'
Repuka:lic of China, such as the donations to the Orphanage, child's
visa, etc., aro to be paid by us (me) _ Additionally, travel, food
and lodging are the Adoptive Parent's sole; ;respon ;ibility;
24, understand and agree that no portion, of fees paid to Adoption
st-ervi.ees arcs for legal services and/or costs in obtaining a US
birth certificate, registering the adoption in a state court and/or
obtaining United States Citizenship;
?age 4 of 6
03/27/2008 10:54 FAX
4 SACKS Z008/011
25. acknowledge, understand and agree that Adoption services is not
responsible for any foreign fees, expanses, travel expense; and/or
cost of any kind or nature that we (X) incur in the event that an
adoption is not completed;
6. understand and agree that in the event that after placement, but
before finalization, a condition develops or is made known to us
(me) which causes us (me) to end the placement, we (1) understand
that no portion of the fees we (I) have paid will. be refunded and
that Adoption Services shall_ not be responsible to us (me) for any
damages relating to the placement;
27, acknowledge that Adoption Services is not responsible for our (my)
safety and/or safety of the child at any 'time during the adoption
process;
28. understand that the results of any medical tests and exams for the
child will be given to us (me) b?a.? understand and agree that the
Agency does not guarantee the accuracy of these reports. We (I)
accept- such risks in accepting the placement of a child;
29. acknowledge and agree that Adopl_, on Services c.anriot predict an
;adoptive child's future including, but not limited to, emotional
and/or personality characteristics, health, riedical problems,
learning disabilities, intellectual ability, hyperactivity,
attention deficits, appearance or inherited characteristics. We
(T) further acknowledge that information provided by, and through,
the Agency may be incorrect because any medical and social history
and other information obtained by the Agency haw been provided by
the birthparents and/or by var:iouc ether sources;
3() . understand t:hzit by accepting physical custody of a child placed
with u.:s (me) , we (1) agree t_o, and shall, provide all necessary
care of the, child until the placement- is terminatad or concludes in
adoption. Should the placement be terminated for any reason, we
(I) release Adoption Services from any and all. liability therefrom;
1, understand i?nd acknowledge that :ii a condition arises after the
finalization of the adoption, the child is. ours (mine) and cannot
be :,returned to Adoption Services ,and/or Chinese authorities. We
(I) accept such risk and agree that Adoption Services ;hall not be,
responsible to us (me) or to our (my) child for any damages
relating to any condition;
32- understand and accept all the risks involved and we (I) will accept;
our (my) adoptive child and hold the Agency, i.ts Directors,
facilitators, oft icers and employe e! s harmless and release said
Agency from any claims or liability;
3. agree that in the event that wr. (7) file any c:Laim or action
agaiJi t Adoption Services, without regard to the reau,l.ts, we (7)
agree to pay Adoption Services all cost it incurs in defending our
( lily ;I C71'alm .
Wage 5 c?:( 6
03/27/2008 10:54 FAX
i SA;KS 0 009/011
We (I), the undersigned, have read the above Contract and/or it has been
elld to us (me) and we (I) understand and agree to all its provisions.
rospecti
prospecti
Rev. 7/96
ng P
ing Parent_
Page 6 of 6
DATE
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-03396 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADOPTION SERVICES INC
VS
CHRISTLIEB J GREGORY ET AL
WILLIAM CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
CHRISTLIEB J GREGORY the
DEFENDANT , at 0017:18 HOURS, on the 16th day of June , 2008
at 106 PINE KNOB ROAD
NEWVILLE, PA 17241 by handing to
PAMELA CHRISTLIEB ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 17.00
Affidavit .00
Surcharge 10.00
Postage .42
&]19/bF9,_ V 45.42
Sworn and Subscibed to
before me this day
of
So Answers:
,ell ?q
R. Thomas Kline
06/17/2008
SMIGEL ANDERSON SACKS
BY:
Deputy S eriff
A. D.
CASE NO: 2008-03396 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADOPTION SERVICES INC
VS
CHRISTLIEB J GREGORY ET AL
WILLIAM CLINE
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
CHRISTLIEB PAMELA COOK
was served upon
the
DEFENDANT , at 0017:18 HOURS, on the 16th day of June , 2008
at 106 PINE KNOB ROAD
NEWVILLE, PA 17241 by handing to
PAMELA CHRISTLIEB DEFENDANT
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
x^+11 f0P 4-. 16.00
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
06/17/2008
SMIGEL ANDERSON SACKS
By: s <
Deputy Sheriff
of A. D.
David 1n. Buell
Prothonotary
XirkS. Sohonage, ESQ
Solicitor
Wnee X Simpson
1S` Deputy Prothonotary
Irene E. Morrow
2n'd Deputy Prothonotary
Office of the prothonotary
Cumberland County, Pennsylvania
OA-33% CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 25T" DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P 230.2
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717 240-6195 0 Fax (717 240-6573