By Ben Present
Of the Legal Staff
Three judges — instead of the entire county judiciary — have been named as defendants by a Northeast Pennsylvania man who has filed a lawsuit over Lackawanna County’s guardian ad litem program.
Judges Trish Corbett and Chester T. Harhut, along with President Judge Thomas J. Munley, were named Friday in an amended complaint filed by plaintiff Michael Stefanov. Corbett presided over a custody dispute to which Stefanov was a party, Harhut was in charge of the family court division and Munley serves as president judge. They were named in the amended complaint and the Lackawanna County Court of Common Pleas has been removed from the complaint as a defendant.
All three judges are now being sued in their “official capacity.” The court was being represented by Michael P. Daley, an attorney for the Administrative Office of Pennsylvania Courts. It was unclear if Daley would be representing the judges, who did not have docketed counsel as of Monday afternoon. Art Heinz, a spokesman for the Administrative Office of Pennsylvania Courts, declined to comment on the amended complaint.
In his lawsuit, Stefanov challenges the appointment of guardian ad litem Danielle Ross and her actions in the custody case.
The federal judge assigned to the case, U.S. District Judge A. Richard Caputo of the Middle District of Pennsylvania, has not yet ruled on a motion to dismiss that has been made by the court. The court, along with Ross in a separate filing, have asserted immunity in asking Caputo to dismiss them from the suit.
Stefanov, in the amended complaint, is asking for declaratory relief in the form of an order declaring the county’s GAL system and Ross’ involvement in Stefanov’s life “unlawful and unconstitutional.” In a plea for injunctive relief, Stefanov asked the court to block any further implementation of the GAL system as well as Ross’ involvement in his own, or his son’s, life.
Stefanov renewed claims that Ross threatened parents with sanctions if her recommendations were not followed while the court’s family court division abdicated its duties to Ross and "rubberstamped" her recommendations into court orders. He accuses all named defendants of engaging in conduct that violated Pennsylvania law governing when a guardian ad litem may be appointed to a dispute.
Stefanov’s attorney, Paul J. Cianci of the Levin Legal Group in Huntingdon Valley, Pa., declined to comment on the amended complaint.
Ross’ attorney, Nicholas S. Mattise of Scranton firm Mattise & Kelly, was not immediately available for comment.
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