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HomeMy WebLinkAbout01-0636WENDY S. ALEXANDER, Plaintiff VS, JAMES GLUCKSMAN & JULIE GLUCKSMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVil ACTION ~ LAW NO. 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. involving 5. from that that time 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 Defendants came into possession of the child pursuant to a tentative agreement their adoption of the child. In early January of this year, Plaintiff exercised her lawful rights to withdraw agreement and to decline to consent to the Defendants' adoption of her child. At she advised Defendants and their attorney that she had withdrawn from the Plaintiff prevents Plaintiff from forming a proper mother-child bond and threatens to irretrievably damage the child and its relationship with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. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12TM Street Lemoyne, PA 17043 (717) 761-5361 OMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS.; 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. WENDY S. ALEXANDER Sworn to and subscribed before me this ,!'i? ~:' day of :;)'-~-'~'~',,,:'-"~' , 2001. MOYNE , NOIARy PU ~ORO., CUU8 B'/. lC WENDY S. ALEXANDER V. JAMES GLUCKSMAN AND JULIE GLUCKSMAN : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 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. By the Court, ~"~0~' 0~ Edward E. Guido, J. Samuel L. Andes, Esquire For the Plaintiff James A. Miller, Esquire For the Defendants :sld WENDY S. ALEXANDER, Plaintiff VS, JAMES GLUCKSMAN & JULIE GLUCKSMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW NO. - 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 day of · 2001, at , the conciliator, , Pennsylvania, on o'clock _.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 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 WENDY S. ALEXANDER, Plaintiff VS, JAMES GLUCKSMAN & JULIE GLUCKSMAN, Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, ¢/- 4.3(0 ~.c,~.L~' '-)'-'~--~'~ 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. 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. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 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. WENDY S. ALEXANDER Sworn to and subscribed before me this day of . III WENDY S. ALEXANDER PLAINTIFF V. JAMES GLUCKSMAN & JULIE GLUCKSMAN DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-636 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, this 5th day of 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 Senate Avenue, 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. FORT HE COURT, By: /s/ Melissa P. Greevy, Esql, 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 ItAVE 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 WENDY S. ALEXANDER, Plaintiff VS. JAMES GLUCKSMAN AND JULIE GLUCKSMAN, Defendants MAR e ZOO'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-636 CIVIL ACTION - LAW CUSTODY 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, Melissa Peel Greevy, EsqL~ire Custody Conciliator Wendy S. Alexander Plaintiff James Glucksman and Julie Glucksman In the Court of Common Pleas Cumberland County, Pennsylvania No.: 2001-0636 Civil Term Civil Action - Law Child Custody ORDER OF COURT }t[~ day°f ~ AND NOW, this ,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: Hon~ Guido, Jr. Wendy S. Alexander Plaintiff James Glucksman and Julie Glucksman In the Court of Common Pleas Cumberland County, Pennsylvania No.: 2001-0636 Civil Term Civil Action - Law Child Custody MOTION TO ENTER STIPULATION NOW COME, the parties herein and respectfully request that your Honorable Court enter the Stipulation for Custody. Respectfi~lly submitted, ire WENDY S. ALEXANDER, Plaintiff JAMES GLUCKSMAN and JULIEGLUCKSMAN, Husband and Wi~, De~ndan~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-0636 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ~TIPULATION FOR CUSTODY AND NOW, comes Plaintiff, Wendy $. Alexander, a minor, and D~fend&ms, James Olucksman and Sulie Glucksman, Husband end Wife, and agree az follows: 1. Defendants lames Olucksman and ~'ulie Oluvksman shall have sole legal and sole physical custody of the minor child, bom "Baby Alexander" on December 13, 2000, now known as James Preston Alexander. 2. PlaimiffWendy $. Alexander, a minor, shall not have any lesal rights to ~id minor child, lesal, 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 no~ been determined by testing, he consents to ~e foresoin8 terms and does further release and relinquish any and all rishts to ~ald minor child he may have, lesai, physical or otbe~wise. 4. The parties hereto agree and acknowledge that this Stipulation shall be entered az an Order of Court. This Stipulation may be ~cecmed in counter-pans. WITNESS: We are the parents ofWendy S. Alexander who has executed this document, consenth18 to waive any iesal rights to Baby Alexander, n/Ma lames Preston Alexander. Since Wendy is under 18 years of age we have: also sisned this document ratifying and confirming the decision of our daughter. Witness Ry~n P. Shaffer We are the parents of Ryen P. ShatTer who has executed this document, consenting to waive any legal rights to Baby Alexander, n/k/a James Preston Alexander. Since Ryan.is under 18 years of age we have also siined this document ratifyin~ and confirming thc decision of our son, Witness Michael P. Shaffer Witness J, Kay Shaffer WENDY S. ALEXANDER, Plaintiff JAMES GLUCKSMAN and JULIE GLUCKSMAN, Husband and Wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-0636 CIVIL TERM ; ; ; : CIVIL ACTION - LAW : IN CUSTODY STIPULATION FOR CUSTODY AND NOW, comes Plaint'df, 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, bom "Baby Alexander" on December 13, 2000, now known as James Preston Alexander. 2. PlaintiffWendy 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. 5. This Stipulation may be executed in counter-parts. WITNESS: James Glucksman Julie Glucksman Wendy S. Alexander I am the legal guardian ofWendy S. Alexander who has executed this documem, consenting to waive any legal rights to Baby Alexander, n/k/a James Preston Alexander. Since Wendy is under 18 years of age I have also signed this document ratifying and confirming her decision. Ryaff-'P. Shaffer We are the parems ofRyan P. Shaft'er who has executed this document, consenting to waive any legal rights to Baby Alexander, n/k/a James Preston Alexander. Since Ryan is under 18 years of tness e we have also signed this document ratifying and confirming the decision of our son. Michael P. Shaffer Wendy S. Alexander In the Court of Common Pleas Plaintiff Cumberland County, Pennsylvania No.: 2001-0636 Civil Term James Glucksman and Julie Glucksman Civil Action - Law Child Custody Certificate of Service 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, PA 17109 J2;~; ire 737 -6400