On December 3, 2009 Faith Allen’s parental rights were been terminated! Masha is once more an “orphan.” Twice adopted. Twice terminated.
Custody was returned to Cambria County Children and Youth Services. Masha’s whereabouts and physical and emotional well-being are unknown.
Masha’s newest attorneys Francis P. Maneri and Darren Summerville have filed a motion in the US District Court for the District of New Jersey to appoint Masha’s current Pennsylvania State guardian ad litem, Timothy J. Sloan, as her new representative party in the Federal complaint.
We hope that this new development marks the beginning of justice for Masha, though no amount of money can ever compensate her seemingly never-ending abuse, pain, neglect, and exploitation at the hands of Matthew Mancuso, Faith Allen, the adoption industry, venal courts, social workers, and politicians. We hope Timotohy Sloan does right by her. As I wrote a few years ago, Masha is “the Rosetta Stone of corrupt international adoption.”
I have been covering Masha’s horrific case since 2005. Rather than sifting through Bastardette posts, you can find them all in my much smaller blog dedicated to Russian adoptees abused and murdered by their new forever parents Nikto Ne Zabyt—Nichto Ne Zabyto
The entire motion can be found on Marsh’s blog. I am re-typing relevant parts below.
MASHA ALLEN, by her, Parent and
Guardian FAITH ALLEN, Plaintiff,
FAMILIES THRU INTERNATIONAL ADOPTION
INC. , Defendants,
FAMILIES THRU INTERNATIONAL
ADOPTION, INC., Third Party Plaintiff,
ADAGIO HEALTH, INC. (formerly
known as Family Health Council, Inc, and
trading as Family Adoption Center, Third
Civil Action NO:
PLAINTIFF’S MOTION TO
Motion Returnable: February 1,
…By law, Masha is legally incompetent to maintain a lawsuit. At the outset of this litigation, the proper representative party Plaintiff was Faith Allen, Masha’s adoptive parent. Factually and legally Faith Allen’s ability to maintain this lawsuit has changed, necessitating this Motion. Plaintiff respectfully asks that this court allow amendment of the pleadings to reflect a new representative party Plaintiff, Timothy J. Sloan. Mr. Sloan has been and continues to be Masha’s guardian ad litem based upon a pending action in the Juvenile Court in the Cambria County, Pennsylvania Court of Common Please (“Juvenile Court”).
Alternatively, under Rule 17(s) Plaintiff asks that this Court appoint Mr. Sloan as a guardian ad litem in this matter, to prosecute the litigation in Masha’s Allen’s best interests.
1. Faith Allen is No Longer Masha Allen’s Proper Representative
Faith Allen, as Masha Allen’s Parent and Guardian, initiated this litigation on September 15, 2008…On or about August 18, 2009, Faith Allen freely and voluntarily executed a consent to adoption with respect to Masha pursuant to 23 Pa C.S.A. 2711. Because Faith Allen did not revoke this consent to adoption within the statutorily allowed 30-day revocation period, it became irrevocable subject to narrow exceptions The Orphan’s Court with jurisdiction over the matter has now terminated Faith Allen’s legal rights as a parent to Masha Allen. Dec. 3 Order of the Court…
For several years Masha Allen has been subject to the jurisdiction of the Juvenile Court division of the Common Please Court. As part of these proceedings, attorney Timothy J. Sloan was appointed and has continuously served as her guardian ad litem. These proceedings remain open and Mr. Sloan remains Masha’s guardian ad litem.
Plaintiff’s counsel has explained the status of the present litigation to Mr. Sloan who has agreed, pending this Court’s permission, to serve as Masha Allen’s party representative going forward. Plaintiff respectfully requests such relief.
II. Amended Under Rule 15 is Necessary and Proper.
Leave to amend should be freely given when justice requires. Fed R. Civ P 15(a))s). Plaintiff Masha Allen asks that leave be granted to amend the pleading to reflect Timothy Sloan becoming Plaintiff’s party representative as her guardian ad litem. Such and amendment has become necessary give the legal impossibility of going forward in this matter with the current party representative, Faith Allen.
Faith Allen’s parental rights, including the right to serve as Masha Allen’s legal representative have been terminated. Masha Allen , a minor, cannot bring this lawsuit in her individual capacity. Rule 17, of course, allows an unrepresented minor to sue through her guardian ad litem. Fed. R Civ.p 17(c). Mr Sloan has been Masha Allen’s guardian in a different litigation for yearsw, and is well situated to represent her interests in this matter. …
…Faith Allen’s actions have effectively stranded Masha Allen in this litigation, as Faith is no longer a proper party representative. But Mr. Sloan is, either in his current capacity or as appointed by the Court….