_____________________________
In the Matter of : Civil Action
DOUGLAS GLASSMACHER, :
: VERIFIED PETITION TO THE COURT
: OF CLABBY
______________________________
Douglas Glassmacher, residing at xxxxxxx, Little Silver, New Jersey alleges as follows:
PARTIES
1. Joseph S. Clabby (hereinafter "Joe Clabby") resides at xxxxx, in the Borough of Fair Haven, County of Monmouth and State of New Jersey. Upon information and belief, to offset various debts and other claims, Joe Clabby originated and otherwise initiated a golf outing known as the "Clabby Classic".
2. Michael Clabby (hereinafter "Michael Clabby"), brother of Joe Clabby and co-coordinator of the Clabby Classic, was impressed with the revenues generated by this event and now travels to New Jersey each July purportedly to assist in the preparation and coordination of the Clabby Classic. Upon arrival in New Jersey, Michael Clabby plays several rounds of golf, drinks alot of beer and plays on a lap top computer.
3. Eileen Clabby, wife of Joseph Clabby, performs most of the work for the Clabby Classic and prevents the event from disintegrating into chaos.
4. The Gold Ball Committee is, upon information and belief, a clandestine group of individuals with close connections to Joseph and Michael Clabby and the Clabby Classic. The Committee should not be considered a legal entity and arguably operates with no legitimate by-laws and contrary to the laws of the State of New Jersey.
5. Joseph Capperella is named as a witness in this matter. Mr. Capperella, albeit an ardent Clabby Classic loyalist over the years, can provide relevant testimony regarding the arbitrary and capricious manner in which the Clabby Classic and the Gold Ball Committee conducts its business.
FACTUAL BACKGROUND AND LEGAL CLAIMS
6. Douglas Glassmacher has successfully completed and competed in Clabby Classics for the years 1996, 1997 and 1998.
7. Mr. Glassmacher forged a bond with Joseph Clabby when their minor children played soccer together. Mr. Glassmacher, true to his nature, provided transportation, gas and in some instances, spare change, for the benefit of Joe Clabby during those "soccer years".
8. Having no appreciable social life, Mr. Glassmacher welcomed the opportunity to play in Clabby Classics and became an impassioned supporter of the event.
9. Mr. Glassmacher is a school teacher, who has dedicated his life to children and their educational advancement.
10. His dedication to children extends beyond his work environment and into his local community. He serves on the Little Silver Parks and Recreation Commission and dedicates countless hours of his time to the wayward children of Little Silver.
11. In late Spring, Mr. Glassmacher organized a trip to a Yankee game for the poor, underprivileged children of Little Silver. The game between the New York Yankees and Atlanta Braves commences at 1:05 p.m. on Saturday, July 17, 1999.
12. The 1999 Clabby Classic is scheduled to begin at noon on July 17, 1999. The clash of these two dates and times leaves Mr. Glassmacher unable to participate in the Clabby Classic.
13. As many friends and acquaintances will attest, Mr. Glassmacher eagerly anticipates his induction into the Gold Ball Club upon his completion of four consecutive Clabby Classics.
14. Confronted with the scheduling conflict cited above, Mr. Glassmacher approached Joe Clabby, and by extension the Gold Ball Committee, seeking to have the Committee waive his requisite participation in this year’s Clabby Classic in order to maintain his eligibility for the coveted Gold Ball. The cool and almost indifferent response of the Committee suggests that the Committee members intend to reject Mr. Glassmacher’s reasonable request.
15. In refusing Mr. Glassmacher’s legitimate request and mandating his appearance for play in the event, the Clabby Classic organizers and Gold Ball Committee jeopardize his participation in a once in a lifetime opportunity for approximately seventy-five (75) underprivileged children of Little Silver.
16. Any such decision of the Committee or Classic organizers calls into question the legitimacy and overarching purpose of this once-hallowed event. Arguably, the organizers have lost their moral compass.
17. Mr. Glassmacher fights this legal battle without the benefit of cognizable procedures or legal precedent. The Gold Ball Committee shrouds itself behind a veil of secrecy whimsically deciding the legitimate claims of paying participants.
18. The only guidance promulgated states:
his adherence to the requirements set forth above. Although personally distasteful to him, Mr. Glassmacher stands ready and willing to receive recommendations from the Committee for a monetary resolution of this dispute.
19. Mr. Glassmacher and as yet unnamed participants in the Classic have heretofore remained silent in the face of growing evidence of financial improprieties. The nexus between multiple additions and renovations to the home of Joe Clabby and escalating Clabby Classic entrance fees can no longer be overlooked. New computer equipment and better food in recent years heighten these concerns and justify an independent audit.
20. As a legitimate paying participant, Mr. Glassmacher can reasonably expect that decisions of the Gold Ball Committee and the Clabby Classic organizers will be undertaken fairly and in a manner consistent with the spirit of the Classic.
21. A decision on the part of the Committee or the Classic organizers to reject Mr. Glassmacher’s request for a one-year waiver of existing Gold Ball Club induction rules would be an abuse of discretion.
22. Mr. Glassmacher, on his own behalf and on behalf of other Classic participants and potential Gold Ball inductees, respectfully requests that the Gold Ball Committee consider most seriously his request for a waiver and grant him the right to continue unabated his progression toward Gold Ball induction. Justice demands no less.
WHEREFORE, Douglas Glassmacher demands from the Gold Ball Committee and the above named individuals, the following relief:
A. A waiver of his obligation to participate in the 1999 Clabby Classic for the purposes of Gold Ball Club qualification;
B. In the event such relief is denied, Mr. Glassmacher seeks a referendum vote by all 1999 Clabby Classic participants approving the following:
1. An audit of the Clabby Classic for the past three years;
2. The waiver sought in Paragraph A;
Dated: BY:_____________________________
SEAN F. BYRNES
I certify that the foregoing statements made by me are generally true, at least as best as I can presently recall, and if I were subject to some form of punishment for any inaccuracy contained therein, I would like another opportunity to state more accurately the substance of my current recollection.
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Douglas Glassmacher