309 Wyoming Avenue

West Pittston, PA 18643

Phone: (570) 655-5555

Toll Free: (800) 442-2000

Fax: (570) 655-5100

Michael J. Cefalo, Esq.George G. Oschal, III, Esq.Karl J. Kwak, Esq.Linda L. Bartlett, Esq.James J. Albert, Esq.
Michael J. Cefalo, Esq.George G. Oschal, III, Esq.Karl J. Kwak, Esq.Linda L. Bartlett, Esq.James J. Albert, Esq.
 

Juvenile Suit (Kids For Cash)

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Juvenile Suit (Kids For Cash)

Kids for Cash Update

9/23/16 

Powell Defendants Settlement

UPDATE: The initial portion of the  Powell Defendants settlement has concluded.

There will be no settlement checks distributed in September 2016. The Powell Defendants Settlement checks referenced in the January 2016 award letter were previously distributed in April 2016.

Clients should keep us updated with current contact information as this case is not yet concluded.

Please send updated phone number, address and/or email to lklee@cefaloandassociates.com or call us at 570-655-5555 and ask for Lisa.

 

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5/6/16 

The Powell Defendants settlement checks were mailed in April, 2016. Claimants should have received those already. If you are one of our clients and have not yet received your check, please contact us IMMEDIATELY!

If you have moved since submitting your claim and have not yet updated your contact information we recommend you do so immediately. You should also fill out a form with the post office to forward your mail to your new address. 

 

Provider Defendants Settlement Funded

The final payment has been made into the fund for the Provider Defendants settlement. 

Claimants can expect to receive their checks some time in the next few weeks. It is not likely that the checks will arrive before December 31, 2015 but it is possible.

If you have moved since submitting your claim for this settlement we recommend you fill out a change of address form with the post office so that there is no delay in receiving your check. 

Settlement Approved

December 21, 2016 - Judge A Richard Caputo signed the order this morning granting final approval to the settlement with the Powell Defendants.

When Mike Cefalo heard the news he said, "We feel like we did something to help the community and the kids."

The juveniles will receive 70% of the $4.75 million, after court costs. 15% will be set aside for the parents who made documented payments or lost wages and 15% will be held back for appeals and additional court costs. In the end, any remaining money in that holdback fund will be distributed to the Juvenile Settlement Class members. Letters will be mailed informing the class members a proposed payment amount, if any, together with a written explanation of how that amount was determined within 45 days.

Juvenile members will be awarded points based on the following criteria:

1. Probation only as a result of an adjudication of deliquency by former Judge Ciavarella during the period from January 1, 2003-May 28, 2008 = 1 Point

2. Non-PACC/WPACC placement as a result of an adjudication of deliquency by former Judge Ciavarella during the period from January 1, 2003 - May 28, 2008 = 2 Points

3. Placement at PACC or WPACC as a result of an adjudication of deliquency by former Judge Ciavarella during the period from January 1, 2003 - May 28, 2008 = 5 Points.

 This is the third settlement in the Kids for Cash case. The first was a $17.75 million settlement with local developer Robert Mericle in 2012. The second was a $2.5 million settlement with Mid-Atlantic Youth Services Corp., PA Child Care LLC and Western PA Child Care LLC in 2013.

"The final chapter in this judicial disaster will be the trial against the former judges," Cefalo said.

Stay tuned! 

 

Judge orders preliminary approval of proposed settlement with the Powell defendants. 

Monday, August 10, 2015 - Judge Caputo signed an order preliminarily approving the settlement with the Powell Defendants.

Letters will be going out soon. If you have moved, please update your address so that the information gets to you.

Proof of Claim forms and release forms can also be downloaded from the http://www.kidswinsettlement.com/ website.  Once downloaded the forms can be printed, filled out and sent in to the Powell Defendants Claims Committee.

These forms must be postmarked or received by the Powell Defendants Claims Committee at 20 Stanwix Street, 7th Floor, Pittsburgh, PA 15222 on or before October 5, 2015. 

 

PROPOSED SETTLEMENT - POWELL DEFENDANTS

On Tuesday, March 10, 2015, Plaintiffs filed a Motion for Preliminary Approval of a Settlement with the Powell Defendants. The documents filed with the Court can be viewed at http://www.kidswinsettlement.com/. Please note that no action is required until- and unless – the Court enters an order preliminarily approving the proposed settlement with the Powell Defendants.

Please check back for updates. When – and if – a preliminary approval order is entered by the Court, counsel will mail out Notices of the settlement and Proof of Claim forms to potential class members to participate in the settlement. 

If you are represented by Cefalo & Associates or Caroselli, Beachler, McTiernan & Conboy, please also confirm your current contact information with our office by email to: lklee@cefaloandassociates.com  

 

Claims Committee Letters Sent

The Claims Committee sent letters explaining the settlement in August 2014.

If you submitted a claim and did not receive a letter, please contact the Claims Committee directly. 

 

 

Settlement Approved

On July 7, 2014 Judge A. Richard Caputo approved the most recent settlement with the Provider Defendants in the Kids for Cash case.

Pursuant to the terms of the settlement agreement, payments will not be distributed until after December 2015.

The case against Mark Ciavarella and the remaining defendants continues. 

 

Judge Caputo Gives Preliminary Approval to Proposed Settlement with Provider Defendants

On November 28, 2013 Judge Caputo issued an order conditionally certifying the settlement class and preliminarily approving the proposed settlement with defendants PA Child Care, LLC, Western PA Child Care, LLC, and Mid-Atlantic Youth Services Corp.

Proof of Claim forms and Authorizations must be received by the Claims Committee on or before January 21, 2014.

If you are represented by Cefalo & Associates or Caroselli, Beachler, McTiernan & Conboy, please also confirm your current contact information with our office by email to: lklee@cefaloandassociates.com

The case against the remaining defendants, including former Judges Ciavarella and Conahan and Robert Powell will continue.

                                                   Cefalo & Associates

                                      Caroselli Beachler McTiernan & Conboy

                                                Announce Partial Settlement

                                         in Luzerne County Juvenile Litigation


Caroselli Beachler McTiernan & Conboy and Cefalo and Associates have announced that a partial settlement with a second set of defendants has been reached in the Luzerne County juvenile-court civil litigation. The settlement, which must receive court approval, is between defendants PA Child Care, LLC, Western PA Child Care, LLC, and Mid-Atlantic Youth Services Corp., and counsel representing the plaintiff juveniles and parents of juveniles who appeared before former juvenile court judge Mark A. Ciavarella Jr.  The civil lawsuit is continuing against, among others, the former judges.

 

Representing the juveniles and parents since early 2009, Caroselli Beachler attorneys William R. Caroselli, David S. Senoff and Lauren C. Fantini are co-counsel with Cefalo and Associates and its attorneys Michael J. Cefalo and James Albert. 

 

PA Child Care, LLC; Western PA Child Care, LLC; and Mid-Atlantic Youth Services Corp., owners and operators of juvenile detention centers in Pittston, Luzerne County, and Emlenton, Butler County (also identified in this litigation as the Provider Defendants) have agreed to settle claims brought by juveniles who appeared before former Luzerne County Juvenile Court Judge Mark A. Ciavarella Jr., as well as parents of those juveniles (who were not fully reimbursed in a prior settlement with other defendants earlier in this civil lawsuit), for $2,500,000.  By settling these claims, the Provider Defendants do not admit to any wrongdoing, liability, or breach of duty. 


 

The juveniles and parents who participate in this settlement acknowledge that the Provider Parties have never been accused of failing to provide services that they were contracted to provide to any juvenile included in the juvenile settlement class.  They also acknowledge, by settling their claims, that any claims regarding the juveniles’ care and treatment while detained in or placed at PA Child Care’s facility in Pittston, Luzerne County, or Western PA Child Care’s facility in Emlenton, Butler County are withdrawn. 


 The proposed settlement will be filed with the Court and must be approved before its terms are final.  If the Court approves the settlement, the Provider Defendants will be released from any further liability to the settling parties.  The civil lawsuit will continue against the former Luzerne County judges Ciavarella and Michael T. Conahan, as well as against Robert Powell and his company Vision Holdings.