> ZOmHOAnD ZO=mA0OmD oe Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet DAUPHIN CQUNTY_< The information collected on this form is used solely for the filuye and service of pleudings or other papers as required by law or rules of court supplemensor rep Docket No: County court administration Dore Cy 438 Cv purposes. This form does not [Commencement of Action Lelcompiaint Co writ of summons CPetition [Transfer from Another Jurisdiction (FDeclaration of Taking Tad Pains's Name: Patricia Julius, Lara McKeever| ‘*°°°°*"* 8°: Roman Catholic Diocese of Harrisburg 9 Dollar Amount Requested: — [_]within arbitration limits Are money damages requested? (“ves [] No (check one) ouside arian its Is this a Class Action Suit? Oves Is this an MDJ Appeal? ([] Yes Name of PlantfVAppellant’s Attomey: Andreozzi & Associates, P.C., Benjamin D. Andreozz, Esa. and Nathaniel Foote E33 Check nere it you have no attorney (are a Self’ Represented [Pro Se] Litigand) Nature of the Case: Place an “X” to the left of the O1 vase category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do nor include Bass Tort CONTRACT (do no include Judgments) | [CIVIL APPEALS Itentional Buyer Plaine Administrative Agencies (Malicious Prosecution (2bebr Collection: Credit Card Board of Assessment [E)Motor Vehicle debt Collection: ter Board of Elections EpNuisance _ Dept. of Transportation rei ty Statutory Appeal: Other Product Liability (does not include Pap CEnployment Dispute - Diserimination — Fisiniiteyoeemon |) a cone || Oommen, = Dotter: e Dotter: MASS TORT asbestos S tobacco - DB Toxic Tor - DES = C7 oxie Tort tmpant REAL PROPERTY MISCELLANEOUS cn Citoxic Waste Ejecoment [Common Law/Stentory Atbitration CL Other: Eminent Domain/Condemnation [Declaratory Judgment (Ground Rent [_JMandamus Landlord/Tenant Dispute [TiNon-Domestie Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY | Mortgage Foreclosure: Commercial JQuo Warranto Cental (Parition Replevin Desai louie Tite Other: DB Medicat Dotter: © other Professional: Updated 1772011ANDREOZZI & ASSOCIATES, P.C. Benjamin D. Andreozzi, Esq. (ID #89271) ben@ vietimscivilattorneys.com Nathaniel L. Foote, Esq. (1D #318998) nate @vietimscivilattorneys.com 111 North Front Street, Harrisburg, PA 17101 Ph: 717.525.9124 | Fax: 717.525.9143, Adorneys for Plainiiffs PATRICIA JULIUS, LARA McKEEVER IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY Plaintiffs, No. 2OVG™’ Wy s 83 GV ., ROMAN CATHOLIC DIOCESE OF a s 2 HARRISBURG ACTION FOR DECLARATORY JUDGMENT Defendants, NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. DAUPHIN COUNTY LAWYER REFERRAL SERVICE, 213 North Front Street Harrisburg, PA 17101 (717) 232-7536NOTICE ATION OF ACTIONS PENDING BEFORE THE COURT OF LEAS OF DAUPHIN COUN’ CONCERNING MI ‘The Judges of the Court of Common Pleas of Dauphin County believe that mediation of lawsuits is a very important component of dispute resolution, Virtually all lawsuits can benefit in some manner from mediation. The Court has adopted Dauphin County Local Rule 1001 to encourage the use of mediation. This early alert enables litigants to determine the best time during the life of their lawsuit for a mediation session, The intent of this early alert is to help the parties act upon the requirement to consider good faith mediation at the optimal time. 3 The Dauphin County Bar Association provides mediation services and can be reachedsat - 232-7536. Free mediation sessions for pro bono cases referred by MidPenn Legal Sergives: aes available through the DCBA. “a AVIS! raw © USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaraccion dentro de los. sensi os veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN, DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (117) 232-7536AYISO .A MEDIA 10s LA ‘ONDADO DE DaUr i N Los jueces de la corte de siiplicas comunes del condado de Dauphin creen que la mediacién de pleitos es un componente muy importante de la resolucidn del conflicto. Virtualmente todos los pleitos pueden beneficiar de cierta manera de la mediacién. La code ha adoptado Ia regla local de condado de Dauphin 1001 para animar el use de la mediacién, Esta alarma temprana permite a litigantes determiner la mejor época durante la vida de su pleito para una sesién de la mediacién. El intento de esta alarma temprana es actuar sobre la mediacidn de la buena fe en el tiempo éptimo. La asociacién de la barra del condado de Dauphin proporciona servicios de la mediacién y se puede alcanzar en 717-232-7536. La sesidn libre de la mediacién para los favorables casos del bono se refinio por MidPenn que los servicios juridicos estan disponibles con el DCBA. zee ww gh a &ANDREOZZI & ASSOCIATES, P.C. Benjamin D. Andreozzi, Esq. (ID #89271) ben @victimscivilattorneys.com Nathaniel L. Foote, Esq. (ID #318998) nate @vietimscivilattorneys.com LT North Front Street, Harrisburg, PA 17101 Ph: 717.525.9124 | Fax: 717.525.9143 Attorneys for Plaintiffs PATRICIA JULIUS, LARA McKEEVER IN THE COURT OF COMMON PLEAS F OF DAUPHIN COUNTY Plaintiffs, No. BON vs. BY Yann ov ROMAN CATHOLIC DIOCESE OF HARRISBURG ACTION FOR DECLARATORY JUDGMENT Defendants. .CTION FOR DECLARATORY JUDGMENT IN CIVIL AND NOW, come the Plaintiff’, Patty Julius and Lara McKeever, by counsel, Andreozzi & Associates, P.C., who hereby file the within Action for Declaratory Judgment, and who state as follows: PARTIES 1. The Plaintiff, Patty Julius, is an adult resident of Pennsylvania. 2. The Plaintiff, Lara McKeever, is an adult resident of Pennsylvania, 3. The Defendant, the Roman Catholic Diocese of Harrisburg (“the Diocese”), is Harrisburg’s Catholic Diocese, serving close to 245,000 Catholics in eighty-nine parishes and seven missions throughout fifteen counties of central Pennsylvania JURISDICTION AND VENUE 4. This Court has jurisdiction over this action under 42 Pa.C.S. § 7531, et. seq., known as the "Declaratory Judgments Act.”5, Venue is proper in this Court as the Diocese is headquartered in Dauphin County FACTS History of Child Sex Abuse in Roman Catholic Dioceses 6. As is now well-known, child sex abuse by Catholic priests has been widespread, resulting in major sex abuse scandals involving large Catholic Dioceses around the world, including those in Boston, Los Angeles, Philadelphia, and many other cities. 7. For many years, however, the scope of the Catholic child sex-abuse epidemic was unknown. 8. Thanks to an investigation in 2002 by the Boston Globe's "Spotlight" team, made more famous by the 2015 film Spotlight, the public is now aware that thousands of children have been sexually abused by Catholic priests, and that many of those predator priests were protected by Catholic officials. 9. Pennsylvania has been at the forefront of investigating Catholic priest's sex abuse of children, and the cover-ups by Catholic officials, including the following: a. In 2002. a Philadelphia grand jury investigation into the Philadelphia Diocese uncovered evidence that more than 120 priests in the Archdiocese of Philadelphia were accused of sexually abusing hundreds of children; b. In 2003, another Philadelphia grand jury investigation into the Philadelphia Diocese concluded that “in its callous, calculating manner, the Archdiocese’s ‘handling’ of the abuse scandal was at least as immoral as the abuse itself.” In 2011, a third Philadelphia grand jury investigation resulted in criminal charges for Philadelphia Diocese Monsignor William J. Lynn for protecting child abusers.4, Furthermore, a grand jury report on the Diocese of Altoona-Johnstown that found 50 priests and other church workers molested hundreds of children, which ultimately resulted in criminal charges against three Franciscan friars in Blair County for child endangerment, €. In 2016, the Attomey General's Office began a state wide grand jury investigation into the sexual assault of children in Dioceses zcross the Commonwealth of Pennsylvania. £ It is expected that in the coming weeks another grand jury report will be released pertaining to remaining dioceses in Pennsylvania: the Dioceses of Allentown, Pittsburgh, Greensburg, Erie, Scranton, and Harrisburg. The Dauphin County Family and Priest Augustine Giella 10. In 1982, well before it was public knowledge that Catholic priests preyed on children (and that Catholic officials covered for them), Reverend Augustin Giella (“Giella”) was transferred from the Diocese of Trenton to the Harrisburg Diocese IL. Giella was stationed in Hanover but was later moved to St. John’s Parish in Enhaut, Dauphin County. 12. Giella served in that capacity until 1989, when he retired and retuned to New Jersey 13. While in Dauphin County, Giella became close with a local family, hereinafter the “Dauphin County Family.” 14. The Dauphin County Family, of course, had no idea Giella was a pedophile and sexual deviant that preyed on children.15. Tragically, over the course of many years, Giella sexually abused several members of the Dauphin County Family. 16. In 1992, C.F., a courageous 12-year-old member of the Dauphin County Family, came forward and reported Giella’s abuse. 17. Giella was subsequently charged with multiple counts of child abuse, but died awaiting trial. ‘The Dauphin County Family’s Settlement with the Diocese of Harrisburg, 18. In the 1990s, after learning what happened to C.F., the parents of the Dauphin County Family hired an attorney to investigate a ci claim against the Diocese for damages to CF. from Giella’s abuse, 19. In 1994, the Diocese settled C.F."s claim. 20. It is believed and therefore averred, that consideration in the form of settlement money was paid to C.F. and her parents. 21. In 1995, another member of the Dauphin County Family, T.F.. also courageously came forward about her abuse by Giella. 22. T.F. hired an attomey to pursue a civil claim against the Diocese. 23. It is believed and therefore averred, that consideration in the form of settlement money was paid to T.F. 24. The Diocese, however, was adamant about keeping C.F. and T.F.’s claims a secret, as it had done with many other allegations of abuse. 25. As part of C.F.’s settlement, the Diocese required the parents of the Dauphin County Family to sign an exceptionally broad confidentiality agreement, which states, in relevant part:“Payment and retention of all sums hereunder (whether by cash or annuity) shall be contingent on the preservation of confidentiality by the [Dauphin County Family], their representatives, family members and beneficiaries, regarding this Settlement Agreement and the incidents, occurrences, allegations, events, actions, inactions involving any member of the [Dauphin County Family] and Rev. Augustine Giella or the Diocese...” (emphasis added),! 26. As part of T.F.’s settlement, the Diocese required she sign a similar confidentiality agreement, which states, in relevant par “Payment and retention of all sums hereunder (whether by cash or annuity) shall be contingent on the preservation of confidentiality by the Claimant, their representatives, family members and beneficiaries, regarding this Settlement Agreement and the incidents, occurrences, allegations, events, actions, inactions involving any member of the [Dauphin County Family] and Rev. Augustine Giella or the Diocese...” (emphasis added). 27, The parents of the Dauphin County Family and TF. did indeed sign such agreements to settle legal claims related to the sexual abuse of C.F. and T.F 28. Given the language of the agreement, however, the Plaintiffs are arguably encompassed within the confidentiality provision signed by their parents and sister, even though: a Plaintiffs were adults at the time the agreements were signed, so their parents were not acting as their legal guardians or representatives: b. Plaintiffs received no payment or other consideration from the Diocese; ¢. Plaintiffs never asserted a legal claim against the Diocese; and, d. Plaintiffs did not even know at that time that their parents and T.F. agreed to confidentiality on Plaintiffs’ behalf when the agreements were signed, ' The Settlement Agreement also required the parents of the Dauphin County Family to “apprise all persons who, to the best of their knowledge, have previously leamed of the abuse of [C.F.] by Rev. Giella, of the provision of this paragraph respecting confidentiality.” The parents of the Dauphin County Family complied with this provision of the Settlement Agreement and advised the moving parties of the confidentiality agreement, which has caused them to bring the present action.29. The Plaintiffs testified before the most recent grand jury about their sexual abuse under subpoena, and now wish to speak publicly about their suffering at the hands of Giella. 30. Due to the above-described confidentiality provision, the Plaintiffs fear imperiling their sisters’ settlements if they speak publicly. 31, The Court should not enforce the Diocese draconian confidentiality provisions which seek to perpetuate a culture of silence and serve no public policy, but rather provide protection to pedophile priests by preventing them from being publicly outed. 32, As such, Plaintiffs seeks a declaration from this Court they are not bound by the confidentiality provision(s) in C.F. and T-F.’s settlement agreements. WHEREFORE, Plaintiffs demands a declaratory judgment against the Defendant, the Diocese of Harrisburg, that Plaintiffs are not bound by C.F. and .F.’s settlement agreements, and such other relief t Court deems appropriate. Respectfully Submitted, ANDREOZZI & ASSOCIATES, P.C. Date: July 2, 2018 L~ Benjamin Andreozki (PAID #89271) ben@victimscivilttomeys.com Nathaniel sq. (PA ID #318998) 111 N. Flon¢Street, Harrisburg, PA 17101 717.525.9124 (Phone) | 717.525.9143 (Fax) Attorneys for PlaintifsINFORMATION | certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents. Date: July 2, 2018 Z Benjamin D. Ai freozzi, Esq.CERTIFICATE OF SERVICE I, Cassie L. Gardner, hereby state that I have this day caused to be served a true and correct, copy of the foregoing document on the individual listed below via Sheriff's Service. Date: July 2, 2018 Roman Catholic Diocese of Harrisburg 4800 Union Deposit Road Harrisburg, PA 17111 By: Mle Ouro Cassie L. Gardner Legal AssistantVERIFICATION I, Lara MeKeever, Plaintil, verify that the slatements made in the foregoing document are true and correct to the best of my knowledge end belief. { understand that false statements herein are made subject to the penalties of 18 Pa, C.S. § 4904, relating to unswor falsification to authorities. Dated: 7 201%YERIFICATIO! I, Patricia Julius, Plaintiff, verify that the statements made in the foregoing document are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to / - Dated: (© [2 qeo1 ¥ feck] Sew Patricia Julius / authorities.