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HomeMy WebLinkAbout87-3467KAREN M. LESHKO, a Minor, by : and through her natural mother, : GINA MIDDAUGH, : Plaintiffs : vs. GREG SERVIS and JUDY M. SERVIS, : Individually; and CUMBERLAND : COUNTY CHILDREN AND YOUTH : SERVICES by and through ALICE Z.: CREAGER, Agency Administrator; : and CUMBERLAND COUNTY by and : through its Commissioners : MARCIA L. MYERS, ROBERT A. : ADAMS and ROBERT J. MOORE; and : DAUPHIN COUNTY SOCIAL SERVICES : FOR CHILDREN AND YOUTH by and : through SAMUEL A. YEAGLEY, JR. : Agency Administrator; and : DAUPHIN COUNTY by and through : RALPH A. MOYER, JR., Human : Services Director, and by and : through its Commissioners, : FREDERICK S. RICE, NORMAN P. : HETRICK and LOUIS J. ADLER, : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW TRESPASS AND ASSUMPSIT JURY TRIAL DEMANDED PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: You are requested to issue a Writ of Summons upon above-captioned Defendants, addressed as follows: Greg Servis 4903 Sugar Shack Lane Mechanicsburg, PA 17055 Judy M. Servis 4903 Sugar Shack Lane Mechanicsburg, PA 17055 the Alice Z. Creager Agency Administrator Cumberland County Children and Youth Services 50 West High Street Carlisle, PA 17013 Marcia L. Myers, Robert A. Adams, and Robert J. Moore Cumberland County Commissioners Cumberland County Courthouse Carlisle, PA 17013 Samuel A. Yeagley, Jr. Agency Administrator Dauphin County Social Services for Children and Youth 17 South Second Street Harrisburg, PA 17101 Ralph A. Moyer, Jr. Human Services Director Dauphin County Dauphin County Court House Harrisburg, PA and direct appropriate Frederick S. Rice, Norman p. Hetrick, and Louis J. Adler, Dauphin County Commissioners Dauphin County Court House Harrisburg, PA that same be served upon the Defendants by Sheriff of Cumberland or Dauphin County. 201/203 South Railroad Street P. O. Box 113 Palmyra, PA 17078-0113 (717) 838-1385 Lawyer I. D. #20694 Attorney for Plaintiffs the KAREN M. LESHKO, a Minor, by : and through her natural mother, : GINA MIDDAUGH, : Plaintiffs : : vs. GREG SERVIS and JUDY M. SERVIS, : Individually~ and CUMBERLAND : COUNTY CHILDREN AND YOUTH : SERVICES by and through ALICE Z.: CREAGER, Agency Administrator; : and CUMBERLAND COUNTY by and : through its Commissioners : MARCIA L. MYERS, ROBERT A. : ADAMS and ROBERT J. MOORE; and : DAUPHIN COUNTY SOCIAL SERVICES : FOR CHILDREN AND YOUTH by and : through SAMUEL A. YEAGLEY, JR. : Agency Administrator; and : DAUPHIN COUNTY by and through : RALPH A. MOYER, JR., Human : Services Director, and by and : through its Commissioners, : FREDERICK S. RICE, NORMAN P. : HETRICK and LOUIS J. ADLER, : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW TRESPASS AND ASSUMPSIT JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Joseph Michael Farrell, whose address is 201/203 South Railroad Street, P. O. Box 113, Palmyra, Pennsylvania 17078-0113 as attorney for Karen M. Leshko, a Minor, by and through her natural mother, Gina Middaugh, the Plaintiffs in the above-captioned case. Date: Joseph M~a~l Farrell FARRELL AND SMALL 201/203 South Railroad Street P. O. Box 113 Palmyra, PA 17078-0113 (717) 838-1385 Lawyer I. D. ~20694 Attorney for Plaintiffs Karen M. Leshko a minor by and Through her natural Mother, Gina M[ddaugh Greg Servis and Judy M. Servis, individually and Cumberland County Children and Youth Services by and through Alice Z. Creager, Agency Administrator and Cumberland County by and through its commissioners Marcia L. Myers, Robert A. Adams, and Robert d. Moore, and Dauphin County Social Services For Children and Youth by and through Samuel A. Yeagley, Jr. Agency Adm[nistrator; and Dauphin County by and through Ralph A Moyers, Jr. Human Services Director and by and through its Commissioners FrederJck S. Rice, Norman P. Hetrick and Louis J. Adler In the Court of Common Pleas of Cumberland County, Pennsylvania No. 3467 Civil 1987 Summons in Civil Action Law Harry E. King, Deputy Sheriff, who being duly sworn according to law, says on November 19, 1987 at 9:05 o'clock A.M.E.S.T., he served atrue copy of Summons in Civil Action Law, in the above entitled action upon the wlthin~named defendants to wit: Greg Servis and Judy M. Servis, by making known unto Greg and Judy Servls at 4903 Sugarshank Lane, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handlng to them personally the said true and attested copy of the same. R. Thomas ~n~, Deputy Sheriff, who being duly sworn according to law, says on November 19, 1987 at 11:15 o'clock A.M.E.S.T.~ he served atrue copy of Summons in Civll Action Law, in the above entiteld action upon the within named defendants to wit: Cumberland County Children and Youth Services by and through Alice Z~ Creager Agency Adminlnstrator, by making known unto Gary Shuey, Director of Social Services at 50 West High Street, Carlisle~ Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. R. Thomas Kl[ne, Deputy Sheriff, who beJng duly sworn according to law, says on November 19, 1987 at 9:50 o'clock A.M.E~S~T., he served atrue copy of Summons in Civil Action Law, in the above entitled action upon the defendants to wit: Cumberland County, by and through its commissioners, Marcia La Myers, Robert A. Adams and Robert J. Moore, by making known unto Marcia Myers, Robert Adams and Robert Moore, at Cumberland County Court House, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to them personally the said true and attested copy of the same. William K~ Beck, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for the within named defendants to wlt: Dauphin County Social Services For Children and Youth by and through Samuel A. Yeagley, Jr., Agency Administrator, and Dauphin County by and through Ralph A. Moyers, Jr. Human Services Director and by and through [ts Commissioners Frederick S. Rice, Norman P. Hetrick and Louis J. Adler, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, to serve the within Summons in Civil Action Law, according to law. DAUPHIN COUNTY RETURN:And now: November 23, 1987 at 8:50 A.M. served the within Summonsin Civil Action upon Dauphin County Social Services For ChiI~ren and Youth & Samuel Yeagley, Jr. , Director by personally handing to Samuel Yeagley Director 2 [rpe and attested copies of the original Summons in Civil Action Law and making known unto him the contents thereof at Human Services Bldg., Front Street, Harrisburg, Dauphin County, Penna. And now November 23,1987 at 8:55 A.M~ served the within Summons in Civl Action upon Ralph Moyer,Jr., Director of Human Services by personally handing to Christine A. Brosius, Sec'y and person Jn charge at time of service a true and attested copy of the original Summons in Civil Action and making known unto to her the contents at Human Services Bldg., Harrisburg, Dauphin County, Penna~ and now November 23, 1987 at 8:30 AM serve the within Summons in Civil Action upon Dauphin County by personally handing to Jethro Davis, Cheif Clerk and person in charge at time of service a true and attested copy of the original Summons in Civil Action Law and making known unto him the contents at Dauphin County Court House, 2nd Floor, Front Street & Market Street, Harrisburg, Dauphin County, Penna. And now: November 23, 1987 at 8:30 am served the within Summons in Civil Action upon Frederick Rice Commissioner, Norman Hetrick, Commissioner and Louis Adler, Comm- issoner by personally handTng to Jethro Davi~ Chief Clerk and person in charge at time service 3 true and attested copies of the original Summons in Civil Action and making Known to him the contents at Dauphin County Court House, Front and Market Streets Harrisburg, Dauphin County Penna. So answers: William Li¥ingston Sheriff of Dauphin County Dauphin County return is hereto attached. Sheriff's Costs: Docketing 70.00 Service 6.15 Surcharge 30.00 Out of County 5100 Dauphin County 66.00 $ 177.15 pd. by atty 12-14-87 Sworn and Subscribed To Before Me This /~ Day of- A~. fProthor~tary ~ so answers:. William~. Beck, Sheriff Deputy Sheriff COMMONWEALTH OF PENNA: COUNTY OF DAUPHIN: SHERIFF'S RETURN NO. 3467 Civil 87 PAGE 75 AND NOW: November 23, 19 87 ,at 8:50 AM. WITHIN SUMMONS IN CIVIL ACTION SERVED THE UPON Dauphin County Social Services for Children & Youth & BY PERSONALLY Samuel Yeagley, Jr., Director HANDING TO Samuel Yeagley, Director 2 COPIES ~<TRUE ATTESTED~{~2KOF THE ORIGINAL SUMMONS IN CIVIL ACTION AND MAKING KNOWN TO Him THE CONTENTS THEREOF AT Human Services Bldg., Front Street, Harrisburg, Dauphin County, Penna. And Now: November 23, 1987 at 8:55 AM served within SUMMONS IN CIVIL ACTION upon Ralph Moyer, Jr., Director of Human Services by personally handing to Christine A. Brosius, Sec'y and person in charge at time of service a true attested copy of original SUMMONS IN CIVIL ACTION and making know~ to her the contents at Human Services Bldg., Harrisburg, Dauphin County, Penna; Sworn and suscribed to before~is 23rd~~./19 '-1..._~/~_,_~, ~_. ~u, / ~'~'-- PROTHONOTARY . DAUPHIN CO PENNA SHERIFF UN~ · ,OF 87 S- lA SHERIFF'S RETURN NO. 3467 Civil 87 PAGE 75 And Now: November 23, 1987 at 8:30 AM served the within SUMMONS IN CIVIL ACTION upon Dauphin County by personally handing to Jethro Davis, Chief Clerk and person in charge at time of service a true attested copy of original SUMMONS IN CIVIL ACTION and making known to him the contents at Dauphin County Court House, 2nd Floor, Front & Market Sts., Harrisburg, Dauphin County, Penna. And Now: November 23, 1987 at 8:30 AM served the within SUMMONS IN CIVIL ACTION upon Frederick Rice, Commissioner, Norman Hetrick, Commissioner and Louis J. Adler, Commissioner by personally handing to Jethro Davis, Clief Clerk and person in charge at time of service 3 true attested copies of original SUMMONS IN CIVIL ACTION and making known to him the contents at Dauphin County Court House, Front & Market Sts., Harrisburg, Dauphin County, Penna. So ~swers, SHERIFF OF DAUPHIN COUNTY Seputy Sheriff The C~urt m: Common Pie~s of Cumberland County, Penns¥ivcnic: Karen Leshko, a minor Dauphin County So~'~l Services For Children and Youth No. 3467 Civil .~ 87 Now, , November 18 . Ig .... 8,7L S~-~,L.'~? OF CL~~ CO~, ~.~ ~a ~ ~ ~ S~ oi Dauphin ~h~ of C:-~4-~_r~d C~tmrz, Pa. u.n, an 5be~.~ ot Karen H.Leshko, a minor eL al S~mue! A.Ye~gley, Jr. Agency AdministraLor ~o. 3467 P nnsylvcnic Civil ,,~ 87 .;.: . o ,::ccz ...... ~:,[. upon me ~ ~y oi ~9 In -he C~u~' cf C~mmen P~ecs of Cumber!and C:un~/, Pennsyivanic: Karen M. Leshko, a minor ~-$ Ralph A. Moyers, J~. ~duman Services Director 3467 Civil ,~ 87 Now, November 18 . 1g.,.,,87. h~. ~ ~ S~ oi Dauphin She_~z~ of Car~er/a~d Coup. r,.,', 51~riH oi 5w~ra ~d r~/~-'~x/ ---e ~ d~y ai COSTS 5F-~"v'f CZ ..... ~rT'r =&GE .-tFF:DA~-FT Karen M. Leshko VS. Dauphin County ~o .... 3~67 Civil .a 87 .~h~..z~ of C--~m-iam/ Counr~, Pa. th' SF~'{%-f ~ ......... 5fTT ? 4GE .~-FiDA%qT Karen M. Leshko, a minor VS. Frederick S. Rice No.._~.467 Civil : 2...8._7_. .'N'OW: ~warn ~ud r,,i~-3~i be:'cr~ me ~ ~ ~.~y of 19 , Karen M. Leshko. a minor Norman P.Hetr{ck VS. 3467 Civil .~87 A~c~t ,:i: Se~ce I9 AGE ...%: c"TID .% 'v-fT In T,h. ¢~uri' ~ Ccmm,=n i=Mc:s of Cumb.ri=nd C=uni-y, P~nnsylwr.!c Karen Leshko, a minor Louis d. Adler November 18 day of .. , I9 , WILLIAM K. BECK. Sheriff HORACE A. JOHNSON Solicitor OFFICE OF THE SHERIFF Court House Carlisle, Pennsylvania 17013 THOMAS KLINE Chief Deputy SPURGEON E. ALSBAUGH Lieutenant AUDREY G. ADAMS Real Estate Deputy TO: Hon William Livingston Sheriff of Dauphin County Harrisburg, Pa. 17101 Karen Leshko , a minor et al Greg Servis et al No. 3467 Civil 1987 Summons in Civil Action Law Dear Sir: Enclosed please find writ of Summons in Civil Action Law Dauphin Co. Social Service For Children and Youth, Samuel Yeagley Jr. to be served upon 17 So 2nd St., Hbg. Ralph Moyer, Jr. Human Services Director, Daupihn County, and the Commissioners at Dauphin County Court House Harrisburg in your County. Kindly make service thereof and send us your bill of costs and I will mail a check for same.~ Very truly yours m~ ~.~., WILLIAM K. BECK, Sheriff Cumberland County, Penna. Enclosures: and direct that same appropriate Sheriff of Marcia L. Myersm~ Robert. Ada~and Robert.~e ; Cumberlan~y Commissioners Cumberla~ Cou~¥ Courthouse Carli~ P~ 17013 Saml~l A. Yeagley, Jr. Agehcy Administrator Dauphin County Social Services for Children and Youth 17 South Second Street Harr~ sburg, PA 17101 Ralph A. Moyer, Jr. Human Services Director Dauphin County Dauphin County Court House Harrisburg, PA Frederick S. Rice, Norman P. Hetrick, and Louis J. Adler, Dauphin County Commissioners Dauphin County Court House Harrisburg, PA be served upon the Defendants by the Cumberland or Dauphin County. 201/203 South Railroad Street P. O. Box 113 Palmyra, PA 17078-0113 (717) 838-1385 Lawyer I. D. #20694 Attorney for Plaintiffs CERTIFIED COPY KAREN M. LESIiKO, amino[' by : and Lhr'ough her' nahural mother: GINA MI DIJAUGit , : PI ain[iff : GREG SERVIS and JUDY M. SERVIS, et al Defendants IN THE COURT OF COMMON PLEAS OF CUHBERLAND COUNTY , PENNSYLVANIA No. 3467 CIVIL 1987 CIVIL ACTION - I,AW PRAECIPE Sir: PlLease enter our appearance for the defendamts, Greg and Judy M. Servis in the above captioned matter, and issue a Rule on the plaintiff to file a Complaint within twenty (20) days or suffer judgment of non pros. TO: Lawrence E. Welker, Prothonotary DATE: December 21, 1987 FOWLER, ADDAMS, SHUGHART 8 RUNDLE William-ff. Addams Attorneys for Defendants Greg and Judy M. Servis 28 South Pitt Street P.O. Box 208 Carlisle, PA 17013 (717) 249-8300 RULE -" ' AND NOW this() ii' day of/, :.6.6~1,~,'[-t~''~ .... 1987, Pule is issued on the plaintiff in accordance with the above Praecipe. KAREN M. LESHKO, a minor by and through her natural mother, Gina Middaugh GREG SERVIS and JUDY M. SERVIS, individually; and CUMBERLAND COUNTY CHILDREN AND YOUTH SERVICES by and through ALICE Z. CREAGER, Agency Administrator; and CUMBERLAND COUNTY by and through its Commissioners MARCIA L. MYERS, ROBERT A. ADAMS, : & ROBERT J. MOORE; and DAUPHIN COUNTY : SOCIAL SERVICES FOR CHILDREN AND : YOUTH by and through SAMUEL A. : YEAGLEY, JR., Agency Administrator; : and DAUPHIN COUNTY by and through : RALPH A. MOYERS, JR., Human Services : Director, and by and through its : Commissioners, FREDERICK S. RICE, : NORMAN p. HETRICK and LOUIS J. ADLER : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3467 CIVIL 1987 : CIVIL ACTION - LAW PRAECIPE TO FILE A COMPLAINT TO THE PROTHONOTARY: within Pros. Please enter a Rule upon Plantiff to file a Complaint 20 days hereof or suffer the entry of a Judgment of Non POST & SCHELL, P.C. V , ESQUIRE Identification No. 18370 122 Market Street Harrisburg, PA 17101 (717) 232-5931 Attorney for Defendant, County of Dauphin RULE TO FILE A COMPLAINT AND NOW, this /~ day of~'~ ~,~ · /~3~ , a Rule is hereby granted upon Plaintiff to f omp int herein within 20 days after service hereof or suffer the entry of a Judgment of Non Pros. POST & SCHELL, P.C. BY: PETER J. HART, ESQUIRE IDENTIFICATION NO, 18370 NORTH MARKET SQUARE BUILDING -- 8TH FLOOR 122 MARKET STREET HARRISBURG, PA 17101 (717) 232-5931 ATTORNEY FORDAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN & YOUTH KAREN M. LESHKO, a minor by and through her natural mother, GINA MIDDAUGH VS. GREG SERVIS and JUDY M. SERVIS, individually; and CUMBERLAND COUNTY CHILDREN & YOUTH SERVICES by and through ALICE Z. CREAGER, Agency Administrator and CUMBERLAND COUNTY by and through its1 Commissioners MARCIA L. MYERS, ROBERT A. ADAMS-~ & ROBERT J. MOORE; and DAUPHIN COUNT~ SOCIAL SERVICES FOR CHILDREN & YOUTH by and through SAMUEL A. YEAGLEY, JR., Agency Administrator; and DAUPHIN COUNTY by and through RALPH A MOYERS, JR., Human Services Director, and by and through its Commissioners, FREDERICK S. RICE, NORMAN P. HETRICK and LOUIS J. ADLER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE CIVIL ACTION - LAW No. 3467 CIVIL 1987 IURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney for DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN & YOUTH in the above-captioned matter. POST & SCHELL, P.C. BY:'PETER J~. HART, ESQUIRE ',.iAf~ 2 ? ig88 KAREN M. LESHKO, a Minor, by : and through her natural mother, : GINA MIDDAUGH, : Plaintiffs : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW vs. : NO. 3467 Civil 1987 GREG SERVIS and JUDY M. SERVIS, : Individually~ and CUMBERLAND : COUNTY CHILDREN AND YOUTH : SERVICES by and through ALICE Z.: CREAGER, Agency Administrator~ : and CUMBERLAND COUNTY by and : through its Commissioners : MARCIA L. MYERS, ROBERT A. : ADAMS and ROBERT J. MOORE; and : DAUPHIN COUNTY SOCIAL SERVICES : FOR CHILDREN AND YOUTH by and : through SAMUEL A. YEAGLEY, JR. : Agency Administrator~ and : DAUPHIN COUNTY by and through : RALPH A. MOYER, JR., Human : Services Director, and by and : through its Commissioners, : FREDERICK S. RICE, NORMAN P. : HETRICK and LOUIS J. ADLER, : Defendants : TRESPASS AND ASSUMPSIT JURY TRIAL DEMANDED RULE TO S.OW CAUSE A.p ORU~R ~ ~o~ this IDt~ day of February, 1988, upon considera- tion of the facts contained in the foregoing Petition, a Rule is issued upon the Defendants to show cause, if any they have, why Hubert X. Gilroy, Esquire, 4 North Hanover Street, Carlisle, Pennsylvania, should not be appointed Guardian Ad Litem and the Dauphin County Social Services for Children and Youth should not disclose Rule Returnable within 2 ~ days of service. Furthermore, it is ORDERED that any further proceedings are stayed pending disposition by the Court. BY THE COURT, information as to the whereabouts of the minor child. legal cc: William A. Addams, Esquire, Attorney for Mr. and Mrs. Servis Peter J. Hart, Esquire, Attorney for Dauphin County Social Services for Children and Youth Ruby D. Weeks, Esquire, Attorney for Cumberland County Children and Youth Services Hubert X. Gilroy, Esquire Joseph Michael Farrell, Esquire KAREN M. LESHKO, a Minor, by : and through her natural mother, : GINA MIDDAUGH, : Plaintiffs : : vs. : GREG SERVIS and JUDY M. SERVIS, : Individually~ and CUMBERLAND : COUNTY CHILDREN AND YOUTH : SERVICES by and through ALICE Z.: CREAGER, Agency Administrator~ : and CUMBERbAND COUNTY by and : through its Commissioners : MARCIA L. MYERS, ROBERT A. : ADAMS and ROBERT J. MOORE~ and : DAUPHIN COUNTY SOCIAL SERVICES : FOR CHILDREN AND YOUTH by and : through SAMUEL A. YEAGLEY, JR. : Agency Administrator~ and : DAUPHIN COUNTY by and through : RALPH A. MOYER, JR., Human : Services Director, and by and : through its Commissioners, : FREDERICK S. RICE, NORMAN P. : HETRICK and LOUIS J. ADLER, : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW NO. 3467 Civil 1987 TRESPASS AND ASSUMPSIT JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM AND STAY OF ENTRY OF JUDGMENT NON PROS WITH RULE TO SHOW CAUSE AND NOW comes Joseph Michael Farrell, Esquire, Karen M. Leshko, a minor individual, and prays appointment of a Guardian Ad Litem and Stay of entry of of Non Pros based on the following: 1. Petitioner is an attorney licensed to the Supreme Court and all the courts of the counsel for for the Judgment practice before Commonwealth of Pennsylvania, having Identification No. 20694, with offices located at 201/203 South Railroad Street, Palmyra, Lebanon County, Pennsylvania 17078, Telephone No. (717) 838-1385. 2. On December 17, 1985, Petitioner's services were contracted for by Gina C. Middaugh, the mother and natural guardian of Karen M. Leshko, to pursue a cause of action for injuries sustained by Karen on or about November 19, 1985 in the home of Mr. and Mrs. Greg Servis, 4903 Sugar Shack Lane, Mechanicsburg, Pennsylvania, caused by Karen coming in contact with extremely high temperature water at or about her buttocks, genital area, legs and lower portion of her body, suffering severe burns thereto. 3. Karen had been placed in the custody of Mr. and Mrs. Servis by the Dauphin County Children and Youth Services in coordination with the Cumberland County Children and Youth Services, according to Gina Middaugh. 4. Karen M. Leshko, born March 9, 1983, is 4 years and 10 months of age, as is evidenced by her birth certificate, which is in the possession of the Petitioner. 5. In pursuit of the minor's case, the Petitioner secured photographs and medical records from The Milton S. Hershey Medical Center, and reports, etc., from the Cumberland County Children and Youth Services, and remained in contact with the minor child through her mother for a period of approximately 10 months until October, 1986. 6. The Petitioner has made a serious effort to locate the whereabouts of the minor child and her natural mother, been unsuccessful, via United States mail, telephone and like. but has the 7. In order to protect the minor's rights under the two- year statute of limitations for personal injury, a Writ of Summons was filed by the Petitioner on November 18, 1987, who also notified the legal representatives of all named Defendants of the reason therefor and that the present whereabouts of Karen Leshko and her mother was unknown. 8. The Defendants Servis' and Defendant Dauphin County 1988, at the request of Petitioner attempt to locate Karen, which has 9. It is believed that Karen Leshko is no longer in the custody of her natural mother, Gina Middaugh, but has been again placed into foster care through "Dauphin". deadline through February 15, to allow him further time to been unsuccessful. Social Services for Children and Youth (hereinafter referred to as "Dauphin") have "Ruled" Petitioner to file a Complaint within 20 days, i.e. by January 13, 1988 and February 2, 1988 respectively. However, counsel for both parties extended the 10. "Dauphin" has been contacted by the Petitioner to communicate the whereabouts of Karen, or in the alternative, at least whether or not they are knowledgeable thereof (copy of Plaintiff's December 28, 1987 letter is attached as Exhibit "A"). However, "Dauphin" refuses to provide any response absent an order of court (copy of Attorney Hart's letter is attached as Exhibit "B")causing Petitioner to believe and therefore aver that "Dauphin" has knowledge of her whereabouts. (A copy of a January 21, 1986 authorization cover letter to "Dauphin" from which no response was received, is attached as Exhibit "C".) 11. The injuries sustained by Karen Leshko are believed severe, permanent and disfiguring for which emotional and/or physical treatment will be required long term. 12. It would be in the best interest of justice that the minor's rights, i.e. her cause of action be pursued by means of the legal action currently filed with this Honorable Court which will be frustrated by a judgment of non pros being entered. 13. Attorney Hubert X. Gilroy of 4 North Hanover Street, Carlisle, Pennsylvania, has agreed to act as a Guardian Ad Litem for the benefit of the minor child, Karen Leshko, as evidenced by his signed consent attached hereto as Exhibit "D" for compensa- tion as determined fair and appropriate by the Court. WHEREFORE, it is requested that a Rule be issued upon all Defendants to show cause, if any they have, why Hubert X. Gilroy should not be named Guardian Ad Litem of the Plaintiff, Karen M. Leshko, a minor child, why Dauphin County Social Services for Children and Youth should not disclose any and all information it has pertaining to the whereabouts and/or last known address of Karen M. Leshko~ and that a stay be issued against any Judgment of Non Pros being entered against Karen M. Leshko for a period of time determined reasonable by the Court sufficient to afford the Guardian Ad Litem further discovery and prosecution of the case. Respectfully submitted, 201/203 South Railroad Street P. O. Box 113 Palmyra, PA 17078 Telephone: (717) 838-1385 Lawyer I. D. #20694 FARRELL & SMALL Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF LEBANON : JOSEPH MICHAEL FARRELL, ESQUIRE, being duly qualified according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. ~-~Jos~ Michael Farrell Sworn to and subscribed before me this ~day of January, 1988. 'il ~D%ary Public .IO¥CE ANN GEHMAN, Notary Public Palmyra, Lebanon County, Pa. My Commission Expires Jan. 2, ]989 December 28, 1987 Robert Lieberman, Esquire BRUNT & LIEBERMAN 33 North Second Street P. O. Box 11875 Harrisburg, PA 17108 Re: Karen M. Leshko, a minor v. Greg Servis, et ux Cumberland County - NO. 3467 Civil 1987 Dear Mr. Lieberman: ! am writing in follow--up to our telephone conversation of Wednesday, December 23 in the above-referenced matter. I wish to pursue the matter in behalf of my "minor" client, Karen M. Leshko. However, as I indicated therein, I do not know her present whereabouts. The last known address(es) I have is in care of her natural mother, Gina Middaugh at R. D. #3, Box 125, Palmyra, PA 17078 or Lot #9, 815 West Chocolate Avenue, Hershey, PA 17033. Please -- consider this to be a request for informal discovery of Karen's whereabouts or her last known address different than above. While I understand that you could tactically assert as a reason for non-disclosure, confidentiality (your clients' records will show a January, 1986 authorization to disclose being in the file), I do not believe that given the present circumstances, such will withstand court scrutiny. I am hoping that your client through the insurance carrier will comply with this request versus frustrating my endeavors. If they are unwilling to disclose what they have, then please advise whether they do or do not know of her whereabouts or have a different address th~-~ above. If they do have current information, I will attempt to have a Guardian ad litem appointed and procure a court order for its disclosure. If they do not have any information, I will accept a correspondence from you as Exhibit "A" Robert Lieberman, December 28, 1987 Page 2 Esquire the solicitor, stating such and we can all avoid the necessity of engaging in unfruitful and wasted litigation. I await your responsive correspondence, hopefully by January 13, 1988. Thank you for your anticipated cooperation and I trust this finds you and your family enjoying a pleasant holiday season. Please convey my personal regards to your partner, Connie Brunt. Very truly yours, JMF/pab Joseph Michael Farrell FIOBT & SCHE~LL~ ATtORNeYS AT L^W January 22, 1988 Joseph Michael Farrell, Esquire 201-203 $. Railroad Street P.O. Box 113 Palmyra, PA 17078-0113 JAN ;~ b ~'G RE: Leshko v. County of Dauphin, et al. Cumberland County No. 3467 CIVIL 1987 Dear Mr. Farrell: This is to confirm that my client agrees to an extension of time through February 15, 1988, for the filing of your client's Complaint. Please be advised, however, that no additional extensions will granted and that I have been instructed to take judgment after this date. Please further be advised that Dauphin County Social Services continues to stand by their position that no information will be given from the file unless they are presented with a Court Order as well as a Petition setting forth your grounds. If you intend to seek a Court Order would you please serve me with a Petition prior thereto. PaH/jmm Very truly yours, PqST & SCHELL, P.C. Exhibit "B" .IO~EPt-I MIC~L FAJ~I~LL lPARRI~LL ~ SMALL P. O. Box Il3 January 21, 1986 7174k')8-1385 717-534-2948 Dauphin County Social Services for Children and Youth 17 South Second Street Harrisburg, PA 17101 Re: Karen Leshko, D.O.B. 2/28/83 Gina Middaugh Mother Dear Sir or Madam: I represent Gina Middaugh, the natural mother of Karen Leshko, who was placed in a foster home under the care of Judy Servis, 4903 Sugar Shack Lane, Mechanicsburg, Pennsylvania. On or about November 19, 1985, Karen was severely burned/scalded with hot water. Enclosed is an Authorization for Release of Records signed by Ms. Middaugh. Please forward to me copies of your entire file pertaining to the above incident. Very truly yours, JMF/ck Enclosure pc: Ms.Gina Middaugh Joseph Michael Farrell Exhibit "C" KAREN M. LESHKO, a Minor, by and through her natural mother, GINA MIDDAUGH, Plaintiffs vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW NO. 3467 Civil 1987 GREG SERVIS and JUDY M. SERVIS, : Individually~ and CUMBERLAND : COUNTY CHILDREN AND YOUTH : SERVICES by and through ALICE Z.: CREAGER, Agency Administrator~ : and CUMBERLAND COUNTY by and : through its Commissioners : MARCIA L. MYERS, ROBERT A. : ADAMS and ROBERT J. MOORE~ and : DAUPHIN COUNTY SOCIAL SERVICES : FOR CHILDREN AND YOUTH by and : through SAMUEL A. YEAGLEY, JR. : Agency Administrator~ and : DAUPHIN COUNTY by and through : RALPH A. MOYER, JR., Human : Services Director, and by and : through its Commissioners, : FREDERICK S. RICE, NORMAN P. : HETRICK and LOUIS J. ADLER, : Defendants : TRESPASS AND ASSUMPSIT JURY TRIAL DEMANDED CONSENT TO ACT AS GUARDIAN AD LITEN I, Hubert X. Gilroy, Esquire, with offices located at 4 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, agree to act as Guardian Ad Litem for the benefit of Karen M. Leshko, a minor individual, the Plaintiff in a trespass action filed to No. 3467 Civil 1987 in the Court of Common Pleas of Cumberland County. Hubert X. Gilroy, E~ire / Exhibit "D" KAREN M. LESHKO, a Minor, by : and through her natural mother, : GINA MIDDAUGH, : Plaintiffs · vs. GREG SERVIS and JUDY M. SERVIS, : Individually~ and CUMBERLAND : COUNTY CHILDREN AND YOUTH : SERVICES by and through ALICE Z.: CREAGER, Agency Administrator~ : and CUMBERLAND COUNTY by and : through its Commissioners : MARCIA L. MYERS, ROBERT A. : ADAMS and ROBERT J. MOORE~ and : DAUPHIN COUNTY SOCIAL SERVICES : FOR CHILDREN AND YOUTH by and : through SAMUEL A. YEAGLEY, JR. : Agency Administrator~ and : DAUPHIN COUNTY by and through : RALPH A. MOYER, JR., Human : Services Director, and by and : through its Commissioners, : FREDERICK S. RICE, NORMAN p. : HETRICK and LOUIS J. ADLER, : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANiA CIVIL ACTION - LAW NO. 3467 Civil 1987 TRESPASS AND ASSUMPSIT JURY TRIAL DEMANDED AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF LEBANON : PATRICIA A. BAYLOR, a secretary in the Law Offices of Farrell & Small, being duly sworn according to law, deposes and says that a copy of the Petition For Appointment Of Guardian Ad Litem And Stay Of Entry Of Judgment Non Pros With Rule To Show Cause and Rule To Show Cause And Order in the above action was this day mailed to William A. Addams, Esquire, Peter J. Hart, Esquire, Ruby D. Weeks, Esquire and Hubert X. Gilroy, Esquire, via United States Mail, first class, postage prepaid to the following addresses: William A. Addams, Esquire Attorney for Mr. and Mrs. Servis FOWLER, ADDAMS, SHUGHART & RUNDLE P. O. Box 208 28 South Pitt Street Carlisle, PA 17013 Ruby D. Weeks, Esquire Attorney for Cumberland County Children and Youth Services 10 West High Street Carlisle, PA 17013 Peter J. Hart, Esquire Attorney for Dauphin Co. Social Services for Children and Youth POST & SCHELL, P.C. North Market Square Bldg. Eighth Floor 122 Market Street Harrisburg, PA 17101 Hubert X. Gilroy, Esquire 4 North Hanover Street Carlisle, PA 17013 Furthermore, extra copies of the unsigned Order were furnished the Court along with Stamped pre-addressed envelopes to each of the aforesaid for transmittal of copies of the signed Order. Dated: 01/29/88 icia A. Baylor Sworn to and subscribed before>.~e this 29th day ~0~"'J&~d~y, 1988. .PUBLIC ~plres Jan, 2, ~95~ KAREN M. LESHKO, a Minor, by and -~h~-~-~f'h~-~6fil-~6[~ .............. GINA MIDDAUGH, Plaintiffs VS. In the Court of Common Pleas of Cumberland County, Penasylvanla No ..... _3_4_6_Z ................. Civ~. ~.~__8_Z__ ........ _T_r. e_ s_ p _a_s_s_ _ _a _n_d..A_s_ _s _u_mg_ s_ i _t ............ Jury Trial Demanded GREG SERVIS and JUDY M. SERVIS, - T hiFf V' f ~5-a-T T ~- -~fi 8- LqJlqB ERZ-/~ D ............. COUNTY CHILDREN AND YOUTH SERVICES -by -a-n ~ - 'c~-fO ~- -Al ~ ~ -Z ~ - ~l~E AG~-l~ ~ ....... Agency Administrator; and CUMBERLAND - ~]q)13 NT~- q~y- ~dwd - ttnmsu gh- q-~ s- C~i s~-Yon er~-; ................................................. MARCIA L. MYERS, ROBERT A. ADAMS, PRAECIPE .J~ND- RO~?~R~--)~ - MO~Z~ ~. - ~- DA4A~N t ~ ................................................. COUNTY SOCIAL SERVICES FOR CHILDREN Please enter by appearance on behalf of _AN D _ y~_U~B_ i~ _ anzL _th ~gb - S~A~IUE L- ~t .......................................................... YEAGLEY, JR., Agency Administrator; Cumberland County Children and Youth and DAUPHIN COUNTY__by. an__d._t.h_r_g_u_g_h~ .......... ~ ............................................. "[~[~-H--~]-~q-O'~--J-~., -~man -Services Services by and through Alice Z. Creager, Director; and by and through its ........................... '-[76~Ts-~T 6~-e-f~ ~ - ~OEI~TC}~- ~'.- -~ ~ CLX-,- ............................. NORMAN P. HETRICK, and LOUIS J. ADLER, Agency Administrator. .~)ef ~rd~ant~- ................................................................ l ................. To __-L-~9~-c-~-~9-L~r ...................... CC: Prothonotary Williams Addams, Esquire Peter J. Hart, Esquire Horace A. Johnson, Esquire Hubert Gilroy, Esquire Joseph Michael Farrell Ruby D. Weeks, Esquire Attorney' for Plaintiff. Cumberland County Children and Youth Services and its Administrator, Alice Z. Creager through her natural mother, GINA MIDDAUGH, Plaintiffs rS, GREG SERVIS and JUDY M. SERVIS~ ...... CHILDREN AND YOUTH SERVICES ).Z and t h-f6~N -A[ I~l~ -2: - ~-~ ~)- ~ - ~)'~ n ~ ~- ......... Administrator; and CUMBERLAND In the Comn of Common Pleas of Cumberland County, Pennsylvania No ..... ~gZ ................. Civil. ........ ............ Jury Trial Demanded COt"fT¥-bY~nd-¥h-~6~)~-f~-E6~l~-T6h~¥-~ .................................................... MARCIA L. MYERS, ROBERT A. ADAMS, and-~OBER~-6:-f~OOREx--and-t)~DPH-II~ .............................. PRAECIPE ..................... COUNTY SOCIAL SERVICES FOR CHILDREN AND Y.OUT~ YEAGLEY, JR., Agency Administrator; and DAUPb~ C~I~ ~ a~d ~hr~ ~ , of Cumberland County by and through its A~ ........... ' .......... ~6~i~N-f 6h~-; - ~FE ] ~ ~ ~ - R~; ....... MOYER, JR., Human Services Director; and by and through its Commissioners,_ ~obert J. Moore, and Blair G. Husted FR~ I ~[ ~-:-~]~E ~ - ~-~T ~ ~- ~, .......... ~9or~y-~-t:-~;-~ert-~:-- and LOUIS J. ADLER, Defendants Adams, and Robert J. Moore). To .... _L_a_w_ _r _e_n_c_e_ _ ~_e_l_k_ e_ _r .................... Prothonotary c::-Peter J. Har:,-iii~-ii: ............. ~- -~---~ .............. Hubert Gilroy, Esquire Hora_~e~./Johnson, Esqut~eomey for Plaintiff. doseph Michael Farrell MYERS(, d~lqNSON, DUFFIE, AND W~IDNER Ruby D. Weeks, Esquire Cumbe~r$~nd County Solicitor KAREN M. LESHKO, a Minor, by and through her natural mother, GINA MIDDAUGH, Plaintiffs VS. GREG SERVIS and JUDY M. SERVIS, Individually; and CUMBERLAND COUNTY CHILDREN AND YOUTH SERVICES by and through ALICE Z. CREAGER, Agency Administrator; and CUMBERLAND COUNTY by and through its Commissioners, MARCIA L. MYERS, ROBERT A. ADAMS, and ROBERT J. MOORE; and DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH by and through SAMUEL A. YEAGLEY, JR., Agency Administrator; and DAUPHIN COUNTY by and through RALPH A. MOYER, JR., Human Services Director, and by and through its Commissioners, FREDERICK S. RICE, NORMAN P. HETRICK, and LOUIS J. Adler, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 3467 CIVIL 1987 TRESPASS AND ASSUMPSIT JURY TRIAL DEMANDED CUMBERLAND COUNTY CHILDREN AND YOUTH SERVICES' RESPONSE TO PETITIONER'S PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM AND STAY OF ENTRY OF JUDGMENT OF NON PROS And now comes Horace A. Johnson, Esquire, MYERS, JOHNSON, DUFFIE, AND WEIDNER, Cumberland County Solicitor, and Ruby D. Weeks, Esquire, Counsel for Cumberland County Children and Youth Services, on behalf of itself and its Administrator, Alice Z. Creager, who respond to Petitioner's Petition as follows: 1. admitted 2. Neither Cumberland County Children and Youth Services nor its Administrator, Alice Z. Creager, have any knowledge or information as to Karen Leshko or Gina Middaugh's contacts with Petitioner. It is admitted that November 20, 1986 Cumber- land County Children and Youth Services investigated a child abuse referral as to abuse alleged to have been suffered by Karen Leshko, then 2½ years old. 3. Paragraph 3 of the Petition alleges that the placement of Karen M. Leshko in a Cumberland County foster home was by Dauphin County Children and Youth Ser- vices in coordination with the Cumberland County Children and Youth Services. It is denied that the placement of the minor child in any way was done in coordi- nation with or cooperation with or even with the knowledge of Cumberland County Children and Youth Services, its Administrator, Alice Z. Creager, (hereinafter collectively referred to as Cumberland County Children and Youth Services) or the Cumberland County Commissioners. Cumberland County Children and Youth Services' first and only involvement with Karen M. Leshko was to investigate on November 20, 1986 a claim that said minor had been abused. As a result of said investiga- tion, the Dauphin County Social Services for Children and Youth did remove said minor from the Cumberland County foster home. 4. Cumberland County Children and Youth Services has no knowledge as to the other facts set forth in the Petition paragraphs 6 through 13 and paragraph 12 contains a legal conclusion to which Cumberland County Children and Youth Services, Alice Creager, or Cumberland County Board of Commissioners are not required by Pennsylvania Rules of Civil Procedure to respond and if proof thereof is relevant, request is hereby made for same. 5. It is apparent from the Petition that there are no facts which will support a claim against Cumberland County Children and Youth Services, Alice Z. Creager, or any of the Commissioners of Cumberland County. 6. No basis for an action against Cumberland County Children and Youth Ser- vices, Alice Z. Creager, or the Board of Commissioners exists. Consequently, as to said named defendants, the action is meritless and frivolous. 7. Said Cumberland County Defendants oppose the appointment of a guardian ad litem by this Court unless it has jurisdiction to direct that the expenses of the guardian ad litem not be borne by Cumberland County or any agency thereof and any court order appointing a guardian ad litem so states. Wherefore, respondent Cumberland County Children and Youth Services on behalf of itself, its Administrator, Alice Z. Creager, and on behalf of the Board of Com- missioners of Cumberland County request the Court to deny Petitioner's request for a guardian ad litem unless this Honorable Court has the jurisdiction to impose any and all costs involved therewith on respondents other than the said Cumber- land County respondents ~l~n fact does so. Rub{~/D. weeks, Esquire Solicitor, Cumberland County Children and Youth Services, and for Alice Z. Creager, Administrator, and for Cumberland County Board of Commi ss i oners Alice Z. Creager, Administrator Cumberland County Children and Youth Services CC: William Addams, Esquire Peter J. Hart, Esquire Horace A. Johnson, Esquire Hubert Gilroy, Esquire Joseph Michael Farrell.~*~~'~ Ruby D. Weeks, Esquire CCC&YS COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Alice Z. Creager, Administrator, Cumberland County Children and Youth Services, being duly qualified according to law, deposes and says that the facts set forth in the foregoing Response are true and correct to the best of her knowledge, information, and belief. Alice Z. Crea~er '~ Sworn to and subscribed before me,his ,~.~ day of I~.l)l~u?~}, 19 My Commission Expires: (~ !'l-~il KAREN M. LESHKO, a Minor, by and through her natural mother, GINA MIDDAUGH IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA GREG SERVIS and JUDY M. SERVIS Individually; CUMBERLAND COUNTY CIVIL ACTION - LAW CHILDREN & YOUTH SERVICES, by and through ALICE Z. CREAGER, Agency Administrator; CUMBERLAND COUNTY, by and through its commissioners, MARCIA L. MYERS, ROBERT A. ADAMS : and ROBERT J. MOORE; DAUPHIN : No. 3467 Civil 1987 COUNTY SOCIAL SERVICES FOR : CHILDREN & YOUTH, by and through : SAMUEL A. YEAGLEY, JR., Agency : Administrator; DAUPHIN COUNTY, by : and through RALPH A. MOYER, JR., : Human Services Director and by and : through its commissioners, : FREDERICK S. RICE, NORMAN p. : 'HETRICK and LOUIS J. ADLER : JURY TRIAL DEMANDED REPLY TO PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM AND STAY OF ENTRY OF JUDGMENT NON PROS WITH RULE TO SHOW CAUSE 1. Admitted. 2. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and the same are, if relevant. contained in this paragraph of Plaintiff's Petition therefore, denied; strict proof is demanded at trial, 3. Admitted in part and denied in part. It is admitted only that Karen M. Leshko was placed in the custody of Mr. and Mrs. Servis by the Dauphin County Children & Youth Services. The balance of the allegatic contain conclusions of fact and law and are, therefore, deemed denied )ursuant to Pennsylvania Rules of Civil Procedure. 4. Denied. After reasonable investigation, answering Defendant is the truth of the averments Petition and the same are, at trial~ if relevant. It without knowledge or information sufficient to form a belief as to contained in this paragraphs of Plaintiff's therefore, denied; strict proof is demanded is Defendant's understanding that these proceed- ings have been necessitated by Plaintiff's counsel losing contact with his client. 5. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff's Petition and the same are, therefore, denied; strict proof is demanded at trial, if relevant. 6. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff's Petition and the same are, therefore, denied; strict proof is demanded at trial, if relevant. 7. Admitted in part and denied in part. It is admitted that Defendant Dauphin County Social Services was served with a Writ of dated November 18, 1987. As to the balance of the allegations, after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff's Complaint and the same are, therefore, denied; strict proof is demanded at trial, if relevant. By way of further response, it is denied that the statute of limitations for a minor runs two years after the alleged injury; further, it is asserted that Defendant Dauphin County Social Services for Children Summons -2- & Youth a whole. 8. is immune from suit in any event and opposes this action as Admitted in part and denied in part. Defendant has no knowledge of the success of Petitioner's counsel's success in locating Karen and, therefore~ said allegations are denied and proof demanded. 9. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff's Complaint and the same are~ therefore~ denied; strict proof is demanded at trial~ if relevant. Any information which may exist regarding placemen of the child in a foster home is confidential~ privileged~ and protected and Defendant will not state whether such information exists~ and if it does~ will not produce such information. 10. It is admitted that Defendant Dauphin has been contacted by Petitioner to ascertain the whereabouts of the minor~ Karen M. Leshko~ or ascertain whether or not Defendant Dauphin has knowledge thereof. It is admitted that Defendant Dauphin wishes to refrain from providing a response absent a Court Order. The balance of the allegations in Paragraph 10 constitute conclusions of fact or law to which no responsive pleading is required. By way of further response~ Defendant incorporates by reference the response to Paragraph 9 above as if fully set forth. 11. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff's -3- Petition and the same are, at therefore, denied; strict proof is demanded trial, if relevant. 12. The allegations contained of fact or law to which no responsive pleading is required. of further response, Defendant incorporates by reference its to Paragraph 7 above as if fully set forth herein. in this paragraph constitute conclusiol By way response 13. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph of Plaintiff's Petition and the same are, therefore, denied; strict proof is demanded at trial, if relevant. By way of further response, Defendant denies ~hat it should be responsible to any extent for any fees or costs arising out of this matter. WHEREFORE, Defendant, Dauphin County Social Services for Children ~nd Youth, requests that this Honorable Court not require it to produce confidential information regarding the minor, Karen M. Leshko, which is protected from disclosure by the Child Protective Services information Law. Respectfully submitted, POST & SCHELL, P.C. BY: ~ · , ~ PE~'ER J. ~ART,~ES~QUIRE POST & SCHELL, P.C. Two North Market Square, 8th floor Harrisburg, PA 17101-2014 (717) 232-5931 I.D. #18370 Attorney for Defendant Dauphin County Social Services for Children & Youth -4- POST & SCHELL, RC. ~¥: PAMELA S. PARASCANDOLA, IDENTIFICATION NO, 41278 TWO NORTH MARKET SQUARE EIGHTH FLOOR HARRISBURG, PA. 17101-2014 (717) 232-5931 ESQUIRE ATTORNEY FOR KAREN LESHKO, A Minor, by and through her natural mother, GINA MIDDAUGH GREG SERVIS and JUDY M. SERVIS, Individually; CUMBERLAND COUNTY GHILDREN & YOUTH SERVICES by and through ALICE Z. CREAGER, Agency Administrator; CUMBERLAND COUNTY, by and through its Comissioners MARCIA L. MYERS, ROBERT A. ADAMS and ROBERT J. MOORE; DAUPHIN COUMI~f CHILDREN & YOUTH SERVICES by and through SAMUEL A. YEAGLEY, JR., Agency Administrator; DAUPHIN COUNTY by and through RALPH A. MOYER, JR., Human Services director, and by and through its Commissioners, FREDERICK S. RICE, NORMAN p. HETRICK and LOUIS J. ADLER DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH by and through SAMUEL A. YEAGLEY, JR. Administrator COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TERM, CIVIL ACTION - LAW No. 3467 Civil 1987 JURY TRIAL DEMANDED Alii RULE TOlS.O. C^USE AND NOW, this day of ~6, P/~w~-~-----~ 1988, a Rule is hereby issued upon Petitioner/Plaintiff pursuant to Pa. R.C.P. 209 to show cause within l-~ days why the within for argument on the Petition and Answer, with responsive to the Petition deemed admitted. matter should not be set averments of fact POST & SCHELL, RC. BY: PAMELA S. PARASCANDOLA, iDENTIFICATION NO, 41278 TWO NORTH MARKET SQUARE EIGHTH FLOOR HARRISBURG, PA. ~7101-2014 (717) 232 5931 ESQUIRE ATTORNEY FOR Dauphin County Children & Youth Services by and through Samuel A. Yeagley, Jr., Administrator KAREN LESHKO, A Minor, by and through her natural mother, GINA MIDDAUGH Ye GREG SERVIS and JUDY M. SERVIS, Individually; CUMBERLAND COUNTY CHILDREN & YOUTH SERVICES, by and through ALICE Z. CREAGER, Agency Administrator; CUMBERLAND COUNTY, by and through its Commissioners MARCIA L. MYERS, ROBERT A. ADAMS and ROBERT J. MOORE; DAUPHIN COUN/Y CHILDREN & YOUTH SERVICES, by and throug] SAMUEL A. YEAGLEY, JR., Agency Administrator; DAUPHIN COUNTY, by and through RALPH A. MOYER, JR., Human Services Director, and by and through its Commissioners, FREDERICK S. RICE, NORMAN p. HETRICK and LOUIS J. ADLER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI/ TERM, CIVIL ACTION - LAW No. 3467 Civi1~I987 JURY TRIAL DEMANDED MOTION TO SET FOR ARGUMENT AND DEEM RESPONSES TO PETITION ADMITTED I. Petitioner Karen M. Leshko, a minor, by and through her natural mother, Gina Middaugh, by their counsel, Joseph M. Farrell, Esquire, filed a Praecipe to Issue a Writ of Summons on November 18, 1987. 2. This case arises out of alleged instances of injury to the minor Karen Leshko by foster parents, Defendants Greg and Judy M. Servis Petitioners/Plaintiffs allege that Defendants Dauphin County Children and Youth Services and Cumberland County Children and Youth Services placed the minor in the custody of Defendants Mr. and Mrs. Servis. 3. Thereafter, Defendants Servis and Defendant Dauphin County Social Services for Children and Youth (hereinafter "Dauphin County") each served upon Petitioner/Plaintiff a Rule to File Complaint by January 13, 1988, and February 2, 1988. 4. On or about January 29, 1988, Petitioner/Plaintiff filed a Petition for Appointment of Guardian Ad Litem and Stay of Entry of Judg- ment of Non Pros, with a Rule to Show Cause, alleging that the whereabouts of the minor Karen Leshko and here mother was unknown. 5. Defendant Dauphin County filed a Reply to the Petition on March 37 1988. 6. Plaintiff/Petitioner has taken no action whatsoever since the filing of the Petition for Appointment of Guardian Ad Litem and Stay of Entry of 3udgment of Nons Pros on 3anuary 29, 1988. 7. Pa. R.C.P. 209 places a duty upon the Petitioner to proceed after an Answer has been filed. 8. The Rule also provides that the respondent may take a rule as of course on the moving party to show cause why the cause has not been set for argument deeming all averments of fact responsive to the petition and properly pleaded in the answer admitted. WHEREFORE~ Defendant Dauphin County requests that this Honorable Court deem the responses set forth in its Reply to Plaintiff's Petition -2- for Appointment of Guardian Ad Litem and Stay of Entry of Judgment of Non Pros admitted and the matter set for argument on the Petition and Answer. Respectfully submitted, POST & SCHELL, P.C. PAMELA S. ZPARASCANDOLA, ESQUIRE Attorney for Defendant Dauphin County Children & Youth Services -3- CERTIFICATE OF SERVICE I, KATHY L. Schell, P.C., I did serve a the following by sending same prepaid: SITLER, an employee of the law offices of Post & do hereby certify that on the date set forth below, true and correct copy of the foregoing document upon person(s) at the following address(es) indicated below in the United States mail, first-class, postage Joseph Michael Farrell, Esquire FARRELL and SMALL 201/203 South Railroad Street P. O. Box 113 Palmyra, PA 17078-0113 William A. Addams, Esquire FOWLER, ADDAMS, SHUGHART & RUNDLE P. O. Box 208 28 South Pitt Street Carlisle, PA 17013 Rudy D. Weeks, Esquire 10 West High Street Carlisle, PA 17013 Hubert X. Gilroy, Esquire 4 North Hanover Street Carlisle, PA 17013 DATE: KATHY L. SITLER PRAECIPE FOR LISTING CASE FOR ARGU.~IENT tMust be typewritzen and submitted in duplicate~ TO THE PROTHONOTARY, OF C.UMBERL,~ND COUNT'/.': Please '.ist the ,.vit!~n matter for :ge next: ! X___ Pre. Trial .~gumem Court CAPTION OF C.~SE (enU~ ce.orion must be stared in fuU) KAREN M. LESHKO, a minor, by and through her natural mother, GINA MIDDAUGH (PlainrifO GREG SERVYS and JUDY SERVIS, et al. (De&ndant) No. 3467 Civil ',9 87 State matter :o be argued (i. e., pia.m~'f's morion for new :mai. defendant's d~nurter to compiaUk, etc.): Plaintiff's petition for the appointment of guardian ad litem and stay of entry of judgmeht of non pros. Identify couauei who wiil ~gue case: See re.verse side (a) for ptamtfff: Address; (b) for defend~u Address: I will notify ~11 p~r~es in writing ,v~:,~n two days .'.hat ~.ki~ case has been listed for lrgument. -- Argument Court Date: April 5, 1989 Call of Argument List Date: March 28, .19~_j/ ~ Wxllzam A. Addam~Att0meyf0r Defendfa~ts Greg and Judy Servis Dated: March 2, 1989 COUNSEL PLAINTIFF: Joseph Michael Farrell, Esq. P.O. Box 113 Palmyra, PA 17078-0113 DEFENDANTS SERVIS: William A. Addams, Esq. P.O. Bos 208 Carlisle, PA 17013 CUMBERLAND COUNTY CHILDREN & YOUTH SERVICES: Ruby D. Weeks, Esq. 10 West High Street Carlisle, PA 17013 DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN & YOUTH: Pamela S. Parascandola, Esq. Post & Schell, P.C. 2 North Market Square Harrisburg, PA 17101-2014 PROPOSED GUARDIAN AD LITEM: Hubert X. Gilroy, Esq. 4 North Hanover Street Carlisle, PA 17013 PRAECIPE FOR LISTING CASE FOR ARGU.~IENT /.~lust be typewritten and submitted in dupticate~ TO THE PROTHONOTARY, OF C.UMBERL,&'~'D COUNTY: Please list the wirh/n matter" i'-~ Pre-Triai Argument ) I Mgument Court C.-~)TION OF C.~E (entire caption must be stated in full) KAREN M. LESHKO, a minor, by and through her natural mother, GINA MIDDAUGH (P!amm'f) GREG SERVICE and JUDY SERVIE, (Defendant) et al. No. 3467 Civil L957 State matter to be azgued (i. e., pla/n~'£s motion for new trial. defendant'sdemurrert0compl~nt, etc.): Plaintiff's petition for the appointment of a guardian ad litem and stay of entry of judgment of non pros. Identify counsel who will ar~e c~e: See re.verse side. (a) tbr plamVff: Address: (b) for defendant: Address: I will notify ail parues in wvlting ',vit,~in v,vo days :ha: :~s case has been Lisu~d for argument. -- Argument Court Date: June 7, 1989 Call of Argument List Date: May 30,_.~.9~9 ' William A Adda ' '- - · ms (Attorney for ~efendants Greg and Judy Servis Dared: April 3, 1989 COUNSEL PLAINTIFF: Joseph Michael Farrell, Esq. P.O. Box 113 Palmyra, PA 17078-0113 DEFENDANTS SERVIS: william A. Addams, Esq. P.O. Bos 208 Carlisle, PA 17013 CUMBERLAND COUNTY CHILDREN & YOUTH SERVICES: Ruby D. Weeks, Esq. 10 West High Street Carlisle, PA 17013 DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN & YOUTH: Pamela S. Parascandola, Esq. Post & Schell, P.C. 2 North Market Square Harrisburg, PA 17101-2014 PROPOSED GUARDIAN AD LITEM: Hubert X. Gilroy, Esq. 4 North Hanover Street Carlisle, PA 17013 KAREN M. LESHKO, a Minor, by : and through her natural : mother, GINA MIDDAUGH, : Plaintiffs : GREG SERVIS and JUDY M. SERVIS: Individually; and CUMBERLAND : COUNTY CHILDREN AND YOUTH : SERVICES by and through : ALICE Z. CREAGER, Agency : Administrator; and CUMBERLAND : COUNTY by and through its : Commissioners, : MARCIA L. MYERS, ROBERT A. : ADAMS and ROBERT J. MOORE; and: DAUPHIN COUNTY SOCIAL SERVICES: FOR CHILDREN AND YOUTH by and : through SAMUEL A. YEAGLEY, JR.: Agency Administrator; and : DAUPHIN COUNTY by and through : RALPH A. MOYER, JR., Human : Services Director, and by and : thorugh its Commissioners, : FREDERICK S. RICE, NORMAN P. : HETRICK and LOUIS J. ADLER, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 3467 CIVIL 1987 TRESPASS AND ASSUMPSIT ORDER OF COURT AND NOW, this ~ day of 1989, upon consideration of the foregoing Motion and acknowledging the concurrence of opposing counsel, the matter is continued from the April 2, 1989 Argument list. Counsel may relist the case for argument when ready. William A. Addams, Esquire Ruby D. Weeks, Esquire By the Court, ~rarold E. Sheely, Pamela S. Parascandola, Esquire Hubert X. Gilroy, Esquire KAREN M. LESHKO, a Minor, by and through her natural mother, GINA MIDDAUGH, Plaintiffs V · GREG SERVIS and JUDY M. SERVIS Individually~ and CUMBERLAND COUNTY CHILDREN AND YOUTH SERVICES by and through ALICE Z. CREAGER, Agency Administrator~ and CUMBERLAND COUNTY by and through its Commissioners MARCIA L. MYERS, ROBERT A. ADAMS and ROBERT J. MOORE; and DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH by and through SAMUEL A. YEAGLEY, JR. Agency Administrator; and DAUPHIN COUNTY by and through RALPH A. MOYER, JR., Human Services Director, and by and through its Commissioners, FREDERICK S. RICE, NORMAN P. HETRICK and LOUIS J. ADLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI; CIVIL ACTION - LAW NO. 3467 Civil 1987 TRESPASS AND ASSUMPSIT Petition For Appointment of Guardian Ad Litem and For Stay Pending Discovery MOTION TO CONTINUE TO THE NEXT TERM OF ARGUMENT COURT AND NOW petitioner in following: 1. Attorney listed the matter available comes Joseph Michael Farrell, Esquire, original the matter, and requests a contiuance based on the William Addams on or about March 2, 1989, for argument before the Court at the next scheduled date, i.e. April 5, 1989. 2. Petitioner is scheduled to select a jury on Monday, April 3, 1989 and thereafter commence trial as defense counsel on charges of a first degree murder/homicide before the Court of Common Pleas of Lebanon County. 3. Such information has been transmitted to Attorneys Weeks, Addams, Gilroy and Parascandola who all have verbally concurred in the request to have the matter continued to the next term of argument court believed to be on or about June 7, 1989. WHEREFORE, Plaintiff requests that the matter be continued until next argument court scheduled for June 7, 1989. cc: Respectfully submitted, 201/203 South Railroad Street P. O. Box 113 Palmyra, PA 17078-0113 Telephone: (717) 838-1385 Lawyer I. D. ~20694 FARRELL & SMALL Attorneys for Plaintiff/Petitione~ William A. Addams, Esquire Ruby D. Weeks, Esquire Pamela S. Parascandola, Esquire Hubert X. Gilroy, Esquire KAREN M. LESHKO, a Minor, by : and through her natural : mother, GINA MIDDAUGH, : Plaintiffs ~ V GREG SERVIS and JUDY M. SERVIS: Individually; and CUMBERLAND : COUNTY CHILDREN AND YOUTH : SERVICES by and through : ALICE Z. CREAGER, Agency : Administrator; and CUMBERLAND : COUNTY by and through its : Commissioners, : MARCIA L. MYERS, ROBERT A. : ADAMS and ROBERT J. MOORE; and: DAUPHIN COUNTY SOCIAL SERVICES: FOR CHILDREN AND YOUTH by and : through SAMUEL A. YEAGLEY, JR.: Agency Administrator; and : DAUPHIN COUNTY by and through RALPH A. MOYER, JR., Human : Services Director, and by and : thorugh its Commissioners, FREDERICK S. RICE, NORMAN P. : HETRICK and LOUIS J. ADLER, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 3467 CIVIL 1987 TRESPASS AND ASSUMPSIT ORDER OF COURT AND NOW, this ~'~ day of 1989, upon consideration of the foregoing Motion and acknowledging the concurrence of opposing counsel, the matter continued from the April 2, 1989 Argument list. Counsel may relist the case for argument when ready. By the Court, ~arold E. Sheely, William A. Addams, Esquire Ruby D. Weeks, Esquire Pamela S. Parascandola, Esquire Hubert X. Gilroy, Esquire is KAREN M. LESHKO, A MINOR, BY AND THROUGH HER NATURAL MOTHER, GINA MIDDAUGH, PLAINTIFFS GREG SERVIS AND JUDY M. : SERVIS, INDIVIDUALLY; : AND CUMBERLAND COUNTY : CHILDREN AND YOUTH : SERVICES BY AND THROUGH : ALICE Z. CREAGER, AGENCY : ADMINISTRATOR; AND : CUMBERLAND COUNTY BY AND : THROUGH ITS COMMISSIONERS: MARCIA L. MYERS, ROBERT : A. ADAMS AND ROBERT J. : MOORE; AND DAUPHIN COUNTY: SOCIAL SERVICES FOR : CHILDREN AND YOUTH BY AND: THROUGH SAMUEL A. YEAGLEY, JR. AGENCY ADMINISTRATOR;: AND DAUPHIN COUNTY BY AND: THROUGH RALPH A. MOYER, : JR., HUMAN SERVICES : DIRECTOR, AND BY AND : THROUGH THROUGH ITS : COMMISSIONERS, FREDERICK : S. RICE, NORMAN P. : HETRICK AND LOUIS J. : ADLER, : DEFENDANTS : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW 3467 CIVIL 1987 IN RE: RULE TO SHOW CAUSE BEFORE SHEELY, P-J- AND BAYLEY, J. ORDER OF COURT AND NOW, this ~ day of June, 1989, it is ordered that: 1. The Rule to Show Cause issued on February 12, 1988, is made absolute. 3467 CIVIL 1987 2. Hubert X. Gilroy, Esquire, is appointed Guardian Ad Litem in this case for the minor plaintiff, Karen M. Leshko. The cost of this appointment shall not be borne by Cumberland County Children and Youth Services. 3. Dauphin County Social Services for Children is ordered and directed to forthwith disclose to the Guardian Ad Litem: (a) Whether Karen M. mother, it knows of the whereabouts of Leshko, a minor and her natural Gina Middaugh; (b) If said Agency knows the whereabouts of either the minor and/or her natural mother, that information shall forthwith be made known to the Guardian Ad Litem. (c) The information ordered to be divulged to the Guardian Ad Litem in (a) and (b) above, shall be provided in writing. 4. A stay is issued against any judgment of non-pros being entered against plaintiff. Within five (5) days of receipt of the information ordered to be provided to the Guardian Ad Litem in Paragraph 3 above, the Guardian shall notify counsel for defendants Greg Servis and Judy M. Servis that he has received said information. If pleadings are not commenced within a reasonable time after said date, any party defendant may proceed to seek an order lifting this / Edgar -2- 3467 CIVIL 1987 Joseph Michael Farrell, Esquire For Plaintiffs William A. Addams, Esquire For Defendants Servis Ruby D. Weeks, Esquire For Defendant Cumberland County Children & Youth Services Cumberland County Commissioners and Pamela S. Parascandola, Esquire For Defendants Dauphin County Children & Youth Services and Dauphin County Commissioners :bll -3- KAREN M. LESHKO, a Minor, by and through her natural mother, GINA MIDDAUGH, Plaintiffs V :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 3467 CIVIL - 1987 GREG SERVIS and JUDY M. SERVIS: Individually; and CUMBERLAND :TRESPASS AND ASSUMPSIT COUNTY CHILDREN AND YOUTH : SERVICES by and through ALICE : Z. CREAGER, Agency Administra-: tor; and CUMBERLAND COUNTY by : and through its Commissioners : MARCIA L. MYERS, ROBERT A. : ADAMS and ROBERT J. MOORE; and: DAUPHIN COUNTY SOCIAL SERVICES: FOR CHILDREN AND YOUTH by and : through SAMUEL A. YEAGLEY, JR.: Agency Administrator; and : DAUPHIN COUNTY by and through : RALPH A. MOYER, JR., Human : Services Director, and by and : through its Commissioners, : FREDERICK S. RICE, NORMAN P. : HETRICK and LOUIS J. ADLER, : Defendants :JURY TRIAL DEMANDED ORDER AND NOW, this ~ day of n~2/~--~ , 1989, upon consideration of the facts co the foregoing Petition a Rule is issued upon the Defendants to show cause, if any they have, why Hubert X. Gilroy's appointment as Guardian Ad Litem for Karen M. Leshko, a minor individual should not be vacated and Joseph M. Farrell, Esquire, should not be permitted to withdraw his appearance as counsel of record for Karen M. Leshko, a minor. Rule returnable by the Defendants 20 days after receipt of a copy of this Order and the attag2~ed P---~%ition. J KAREN M. LESHKO, a Minor, by : and through her natural mother, : GINA MIDDAUGH, : Plaintiffs : GREG SERVIS and JUDY M. SERVIS : Individually; and CUMBERLAND : COUNTY CHILDREN AND YOUTH : SERVICES by and through ALICE Z.: CREAGER, Agency Administrator~ : and CUMBERLAND COUNTY by and : through its Commissioners : MARCIA L. MYERS, ROBERT A. : ADAMS and ROBERT J. MOORE: and : DAUPHIN COUNTY SOCIAL SERVICES : FOR CHILDREN AND YOUTH by and : through SAMUEL A. YEAGLEY, JR. : Agency Administrator; and : DAUPHIN COUNTY by and through : RALPH A. MOYER, JR., Human : Services Director, and by and : through its Commissioners, : FREDERICK S. RICE, NORMAN P. : HETRICK and LOUIS J. ADLER, : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 3467 Civil 1987 TRESPASS AND ASSUMPSIT JURY TRIAL DEMANDED PETITION TO VACATE APPOINTMENT OF GUARDIAN AND WITHDRAW APPRARaNCE AND NOW comes Joseph M. Farrell, Esquire, attorney of record, and Hubert X. Gilroy, Esquire, Guardian Ad Litem, who move for approval of court to withdraw his appearance and the vacating of the Order appointing him as Guardian Ad L±tem, respectively, based as follows: 1. Petitioner Farrell is the attorney of record, having filed his appearance in the matter of Karen M. Leshko, child on November 18, 1987. a minor 2. When the whereabouts of the Defendant became unknown to the Plaintiff, he petitioned the court for the appointment of a Guardian Ad Litem and a rule to show cause why Dauphin County Children And Youth Services should not be compelled to advise him as to the whereabouts of Karen M. Leshko. 3. The Court after oral argument on June 7, 1989 by order dated June 14, 1989, directed the Defendant Dauphin County to so advise the petitioner, attorney for the plaintiff, and the guardian ad litem as to the whereabouts. 4. Based upon the information provided by Defendant Dauphin County, Plaintiff's counsel and the guardian ad litem are unable to locate Plaintiff and, therefore, unable to pursue the matter in her behalf. WHEREFORE, Joseph M. Farrell, Esquire, requests a Rule to show cause be issued upon the Defendants why Hubert X. Gilroy's appointment as Guardian Ad Litem for Karen M. Leshko, a minor individual should not be vacated and Joseph M. Farrell, Esquire should not be permitted to withdraw his appearance as counsel of ¸m KAREN M. LESHKO, A ~INOR : BY AND TB~OUGH HER : NATUF~L MOTBER, GINA : MIDDAUGE, : PLAINTIFF CREG SERVI$ AND JUDY M. : SERVIS, INDIVIDUALLY; A~: CUMBERLA~ COUNTY : CHILDREN AND YOUTH SER- : VICES BY AND THROUGH : ALICE Z. CREAGER, AGENCY : ADMINISTP~TOR; AN~ CUMB- : ERLAND COUNTY BY AND : THROUGH ITS COMMISSIONERS: MARCIA L. MYERS, ROBERT : A. ADAMS AND ROBHRT J. : MOORE; AND DAUPHIn/ COUNTY: SOCIAl, SERVICES FOR : CHILDREN AND YOUTH BY : AND THROUGH SAMUEL A. : YEAGLEY, JR., AGENCY : ADMINISTRATOR; AND : DAUPHIN COUNTY BY AND : THROUGH RALPH A. MOYER, : JR., HUMAN SERVICES : DIRECTOR, AND BY AND : THROUGH ITS COMMISSIONERS: FREDERICK S. RICE, NORMAN: P. HETRICK AND LOUIS J. : ADLER : IN TI!E COURT OF COM~ION RI,EAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW 3467 CIVIL 1987 ORDER OF COURT AND NOW, this ('[['~"' day of August, 1989, the attached stipulation of counsel is placed under seal and shall not be subject to public view absent an Order of Court. ~F~ the Cour{ POST & SCHELL, PC. BY: PAMELA S. PARASCANDOLA, ESQUIRE IDENTIFICATION NO. 41278 TWO NORTH MARKET SQUARE EIGHTH FLOOR HARRISBURG, PA. 17101-2014 (717) 232-5931 ATTORNEY FOR Defendant Dauphin County Social Services for Children & Youth KAREN LESHKO, A Minor, by and through her natural mother, GINA MIDDAUGH GREG SERVIS and JUDY M. SERVIS, Individually; CUMBERLAND COUNTY CHILDREN& YOUTH SERVICES~ by and through ALICEZ. CREAGER, Agency Administrator; CUMBERLAND COUNTY, by and through its Commissioners MARCIA L. MYERS, ROBERT A. ADAMS and ROBERT J. MOORE; DAUPHIN COUNTY CHILDREN& YOUTH SERVICES, by and through SAMUEL A. YEAGLEY, JR., Agency Administrator; DAUPHIN COUNTY, by and through RALPH A. MOYER, JR., Human Services Director, and by and through its Commissioners, FREDERICK S. RICE, NORMAN P. HETRICK and LOUIS J. ADLER COURT OF CO~/IMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TERM, CIVIL ACTION - LAW No. 3467 Civil 1987 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS TO THE PROTHONOTARY: Please enter a judgment of Non Pros against Plaintiffs for their failure to file a Complaint. POST & SCHELL, P.C. PAMELA S. PARASCANDOLA, ESQUIRE Attorney for Defendant Dauphin County Social Services for Children & Youth