H. Feinberg v. J.D. Shapiro
CourtCommonwealth Court of Pennsylvania
Date FiledOctober 26, 2026
Docket402 M.D. 2024
StatusUnpublished
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Full Opinion
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Hadassah Feinberg, :
Yvonne Wolski-Worman, and :
Paul M. Wolski, Sr., :
Petitioners :
:
v. :
:
Joshua D. Shapiro, William :
Mayhugh, Marlon Osbourne, :
Seth Williams, Richard A. :
Goldinger, Christopher Paris, :
James Dellafiora, Andrea :
Cardemone, Samuel Goldberg, :
Nancy Barrasse, Mark Powell, :
Ralph Marino, Brian Gallagher, :
Frank Castellano, Fran Kovaleski, :
Sean Gallagher, County of :
Lackawanna, and Court of :
Common Pleas of Lackawanna :
County, : No. 402 M.D. 2024
Respondents : Submitted: June 16, 2026
OPINION NOT REPORTED
MEMORANDUM OPINION
PER CURIAM FILED: October 26, 2026
Before this Court are the Preliminary Objections to Hadassah
Feinberg’s (Feinberg), Yvonne Wolski-Worman’s (Wolski-Worman), and Paul M.
Wolski, Sr.’s (Wolski)1 (collectively, Petitioners) Third Amended Petition for
Review for Declaratory, Injunctive, Compensatory, and Punitive Relief (Amended
Petition)2 filed by: (1) Pennsylvania Governor Joshua D. Shapiro (Governor
1
Wolski is an alleged incapacitated individual, who is acting by and through his guardian,
Wolski-Worman. See Amended Petition ¶ 3.
2
Although titled Third Amended Petition, the Amended Petition is Petitioners’ fourth
amended petition for review.
Shapiro) and Pennsylvania State Police Commissioner Christopher Paris
(Commissioner Paris) (collectively, Commonwealth Respondents); (2) the
Lackawanna County (County) Common Pleas Court Administrator Frank Castellano
(Court Administrator Castellano) and the County Common Pleas Court (Common
Pleas) (collectively, Judicial Respondents); (3) the County, former County District
Attorney Mark Powell (former County DA Powell), former Assistant United States
(U.S.) Attorney Brian Gallagher (former U.S. Attorney Gallagher),3 County
Solicitor for the Register of Wills Office Sean Gallagher (Register of Wills Solicitor
Gallagher), the County Register of Wills Fran Kovaleski (Register of Wills
Kovaleski), and Common Pleas Guardianship Administrator Ralph Marino
(Guardianship Administrator Marino) (collectively, County Respondents); (4)
Butler County District Attorney Richard A. Goldinger (Butler County DA
Goldinger) and Butler County Detective William Mayhugh (Butler County
Detective Mayhugh) (collectively, Butler County Respondents); and (5) Chester
County Assistant District Attorney Andrea Cardemone (Chester County ADA
Cardemone).
Facts
Feinberg filed three private criminal complaints on July 9, 2024 (July
9, 2024 Complaint), July 23, 2024 (July 23, 2024 Complaint), and February 8, 2025
(February 8, 2025 Complaint) (collectively, Complaints), respectively. See
Amended Petition ¶¶ 22-25.
3
Gallagher is the current County District Attorney.
2
July 9, 2024 Complaint
Feinberg filed the July 9, 2024 Complaint in the Philadelphia District
Attorney’s Office (Philadelphia DA) against Samuel Goldberg (Goldberg), Marlon
Osbourne (Osbourne), and Seth Williams (Williams) for Ellen Greenberg’s
(Greenberg) murder.4 See Amended Petition ¶ 26. On August 6, 2024, Philadelphia
DA James Dellafiora (Philadelphia DA Dellafiora) emailed Feinberg that the
Philadelphia DA transferred the July 9, 2024 Complaint to Chester County ADA
Cardemone. See Amended Petition ¶ 27. On August 21, 2024, Feinberg contacted
Philadelphia DA Dellafiora stating that Chester County ADA Cardemone had not
responded. See Amended Petition ¶ 28. On August 21, 2024, Philadelphia DA
Dellafiora reaffirmed by email to Feinberg that the Philadelphia DA transferred the
July 9, 2024 Complaint to Chester County ADA Cardemone and that all further
communications must be addressed to Chester County ADA Cardemone. See
Amended Petition ¶ 29. Feinberg emailed Chester County ADA Cardemone at least
four to five times and left at least three voicemails and received no response. See
Amended Petition ¶ 30.
July 23, 2024 Complaint
Feinberg filed the July 23, 2024 Complaint in the Butler County District
Attorney’s Office (Butler County DA) against Governor Shapiro for his involvement
in the attempted assassination of U.S. President Donald J. Trump (President Trump)
on July 13, 2024, in Butler, Pennsylvania. See Amended Petition ¶ 33. On August
22, 2024, Butler County DA Goldinger emailed Feinberg that the Butler County DA
disapproved the July 23, 2024 Complaint because other agencies were investigating
the matter. See Amended Petition ¶ 34.
4
Petitioners do not aver any additional facts relative to Greenberg’s murder.
3
February 8, 2025 Complaint
Feinberg filed the February 8, 2025 Complaint against Governor
Shapiro and Commissioner Paris for the attempted assassination of President Trump
on July 13, 2024, in Butler, Pennsylvania. Therein, Feinberg alleged additional facts
beyond those in the July 23, 2024 Complaint.5 See Amended Petition ¶ 35. On
March 5, 2025, Butler County DA Goldinger assigned Butler County Detective
Mayhugh to investigate the February 8, 2025 Complaint. See Amended Petition ¶
36. Butler County Detective Mayhugh emailed Feinberg that he was assigned to
investigate the February 8, 2025 Complaint. See Amended Petition ¶ 37. On the
same date, Feinberg communicated with Butler County Detective Mayhugh and
offered evidence to support her February 8, 2025 Complaint. See Amended Petition
¶ 38. On March 6, 2025, Butler County DA Goldinger disapproved the February 8,
2025 Complaint without investigation. See Amended Petition ¶ 39.
Amended Petition
On May 1, 2025, Petitioners filed the Amended Petition pro se against
Governor Shapiro, Butler County Detective Mayhugh, Osbourne, Williams, Butler
County DA Goldinger, Commissioner Paris, Philadelphia DA Dellafiora, Chester
County ADA Cardemone, Goldberg, Private Attorney Nancy Barrasse (Attorney
Barrasse), former County DA Powell, Guardianship Administrator Marino, former
U.S. Attorney Gallagher, Court Administrator Castellano, Register of Wills
Kovaleski, Register of Wills Solicitor Gallagher, the County, and Common Pleas
(collectively, Respondents) in their individual and official capacities. Therein,
Petitioners request: (1) this Court to require Butler County DA Goldinger,
Philadelphia DA Dellafiora, and Chester County ADA Cardemone to accept the
5
Petitioners do not allege the additional facts in the Amended Petition.
4
Complaints for the initiation of a criminal investigation to include all witnesses and
documents that Petitioners have provided (Count I); (2) this Court to hold a hearing
so Wolski can establish that there are issues of fraud in his guardianship that vitiate
the guardianship (Count II);6 and (3) Wolski’s immediate release from prison and an
appropriate award of damages (Count III).7 See Amended Petition ¶¶ 62, 64, 66.
Petitioners specifically seek:
[J]udgment of this Court, directing the affirmative
injunctive relief against [Respondents] and allowing this
matter to proceed to discovery on the public corruption
matters involving each and all Petitioners, and damages
and injuries to Petitioners[,] which damages were
foreseeable by these individual Respondents as a result of
their unlawful conduct, and for which they are responsible.
In addition to the affirmative injunctive relief requested
herein, Petitioners demand compensatory and punitive
damages in the amount of $15,000,000.00.
Amended Petition, Ad Damnum Clause.
Preliminary Objections
On June 2, 2025, Commonwealth Respondents filed their Preliminary
Objections to the Amended Petition, alleging: (1) insufficient specificity; (2) lack of
subject matter jurisdiction; (3) sovereign immunity; (4) no private cause of action -
criminal conspiracy; (5) demurrer - civil conspiracy; (6) no private cause of action -
Pennsylvania’s Corrupt Organizations Act , 18 Pa.C.S. § 911; (7) demurrer - no
enterprise; and (8) no pattern of racketeering activities. Also on June 2, 2025,
Judicial Respondents filed their Preliminary Objections to the Amended Petition,
contending: (1) Petitioners’ claims are barred by sovereign immunities; (2) the
6
In the Amended Petition, Petitioners do not mention any specific determinations relative
to Wolski.
7
The Petition includes a fourth Count; however, there is no relief requested therefore. See
Amended Petition ¶¶ 67-71.
5
Amended Petition fails to state a claim upon which relief can be granted; and (3)
Petitioners cannot collaterally attack Wolski’s guardianship proceedings. That same
day, County Respondents filed their Preliminary Objections to the Amended
Petition, asserting: (1) legal insufficiency (no private cause of action, failure to state
a claim upon which relief can be granted); (2) absolute prosecutorial immunity; (3)
sovereign immunity; (4) qualified immunity; (5) failure to conform to rule of court;
(6) lack of standing (Wolski-Worman); (7) insufficient specificity; and (8) lack of
capacity to sue (Feinberg). In addition, that same day, Butler County Respondents
filed their Preliminary Objections to the Amended Petition, objecting to the
Amended Petition on four grounds: (1) jurisdiction; (2) standing; (3) demurrer; and
(4) agency determination. Lastly, on June 2, 2025, Chester County ADA Cardemone
filed her Preliminary Objections to the Amended Petition, claiming: (1) legal
insufficiency (demurrer); (2) absolute immunity; and (3) executive discretion. On
July 2, 2025, Petitioners filed an Answer to Respondents’ Preliminary Objections.
Thereafter, all parties filed their respective briefs. The Preliminary Objections are
now ripe for review.
Initially, this Court has explained:
In ruling on [preliminary objections], this Court must
“accept as true all well-pleaded material allegations in the
petition for review and any reasonable inferences that [it]
may draw from the averments.” Highley v. Dep[’t] of
Transp[.], 195 A.3d 1078, 1082 (Pa. Cmwlth. 2018).
However, [this Court] [is] “not bound by legal
conclusions, unwarranted inferences from facts,
argumentative allegations, or expressions of opinion
encompassed in the [p]etition for review.” Id. This Court
should sustain [preliminary objections] only where “the
law makes clear that the [p]etitioner cannot succeed on his
claim.” Id. at 1083. “[W]here any doubt exists as to
whether the [preliminary objections] should be sustained,
the doubt must be resolved in favor of overruling the
[preliminary objections].” [Pa.] State Lodge, Fraternal
6
Ord[.] of Police v. Dep[’t] of Conservation & Nat[.] Res[.],
909 A.2d 413, 416 (Pa. Cmwlth. 2019).
Donahue v. Pa. Dep’t of Hum. Servs., 347 A.3d 96, 101 (Pa. Cmwlth. 2025).
Commonwealth Respondents’ Preliminary Objections
Commonwealth Respondents first argue that all claims against them
should be dismissed in their entirety under Pennsylvania Rule of Civil Procedure
(Rule) 1028(a)(3) because the allegations are insufficiently specific. Feinberg8
rejoins that in the Amended Petition, Petitioners set forth specific factual allegations
demonstrating that Respondents’ actions were unlawful, arbitrary, and/or contrary
to governing statutes and regulations.9
Rule 1028(a) provides, in relevant part: “Preliminary objections may be
filed by any party to any pleading and are limited to the following grounds: . . .
insufficient specificity in a pleading[.]” Pa.R.Civ.P. 1028(a).
To determine if a pleading is sufficiently specific, a court
must ascertain whether the facts alleged are sufficiently
specific to enable a defendant to prepare his defense.
Preliminary objections in the nature of a motion for a more
specific pleading raise the sole question of whether the
pleading is sufficiently clear to enable the defendant to
prepare a defense. Further, in pleading its case, the
complaint need not cite evidence but only those facts
necessary for the defendant to prepare a defense.
Hill v. Pa. Dep’t of Corr., 271 A.3d 569, 578 (Pa. Cmwlth. 2022) (quoting Unified
Sportsmen of Pa. v. Pa. Game Comm’n, 950 A.2d 1120, 1134 (Pa. Cmwlth. 2008)
(emphasis added; citation omitted)).
8
In her brief, Feinberg states that Wolski-Worman will be filing a separate brief; however,
Wolski-Worman did not do so.
9
Feinberg did not specifically address Commonwealth Respondents’ Preliminary
Objections.
7
Only three averments in the Amended Petition reference Governor
Shapiro.10 Specifically, in Paragraph 33, Petitioners state: “On July 23, 2024, []
Feinberg filed a private criminal complaint to the Butler [County DA] against
[Governor] Shapiro for his involvement in the attempted assassination [of President
Trump] on July 13, 2024.” Amended Petition ¶ 33. In Paragraph 35, Petitioners
provide: “On February 8, 2025, [] Feinberg filed a second private criminal complaint
for the attempted assassination alleging additional facts to the first related private
criminal complaint. [] Feinberg added [Commissioner] Paris as a [d]efendant on the
[February 8, 2025] Complaint with [Governor] Shapiro.” Amended Petition ¶ 35.
Finally, in Paragraph 41, Petitioners allege: “Upon information and belief, the July
23, 2024, and February 8, 2025 [] [C]omplaints were denied by [Butler County DA]
Goldinger so he could insulate himself, [Governor] Shapiro, and [Commissioner]
Paris from the blatant knowing falsehoods contained therein.” Amended Petition ¶
41. Only two averments in the Amended Petition reference Commissioner Paris:
Paragraphs 35 and 41.11 Given that the only facts pleaded relative to Commonwealth
Respondents are that they were named as defendants in private criminal complaints
that were ultimately disapproved, this Court concludes that “the pleading is [not]
sufficiently clear to enable [Commonwealth Respondents] to prepare a defense.”
Hill, 271 A.3d at 578. Accordingly, Commonwealth Respondents’ first Preliminary
Objection is sustained, and Commonwealth Respondents are dismissed from the
instant action.12
10
In addition, in Amended Petition Paragraph 7, Petitioners aver that Governor Shapiro is
the acting Pennsylvania Governor and provide his counsel’s name and address. See Amended
Petition ¶ 7.
11
In addition, in Amended Petition Paragraph 9, Petitioners aver that Commissioner Paris
is the Commissioner for the Pennsylvania State Police and provide his counsel’s name and address.
See Amended Petition ¶ 9.
12
Based on this Court’s disposition of Commonwealth Respondents’ first Preliminary
Objection, this Court does not reach their remaining Preliminary Objections.
8
Judicial Respondents’ Preliminary Objections
Judicial Respondents also argue that the Amended Petition fails to set
forth sufficient facts that they did anything to support Petitioners’ claims. Feinberg
rejoins that Petitioners set forth specific factual allegations in the Amended Petition
that Respondents’ actions were unlawful, arbitrary, and/or contrary to governing
statutes and regulations.13
There are only three averments in the Amended Petition that reference
Common Pleas and Court Administrator Castellano.14 Specifically, in Paragraph 59,
Petitioners contend: “Castellano is the Court Administrator for [Common Pleas]. []
Wolski-Worman communicated with him about [Attorney] Barrasse’s alleged
misconduct.” Amended Petition ¶ 59. In Paragraph 66, Petitioners assert:
The actions and conduct of Respondents [Common
Pleas] and [Attorney] Barrasse, [former County DA]
Powell, [Guardianship Administrator] Marino, [former
U.S. Attorney] Gallagher, [Court Administrator]
Castellano, [Register of Wills] Kovaleski, and [Register
of Wills Solicitor] Gallagher, has resulted in [Wolski]
being falsely imprisoned[] on a continuing basis[]
pursuant to an obviously fraudulent and unlawful
guardianship proceeding involving these named
Respondents, and [Wolski] is entitled to his immediate
release and an appropriate award of damages.
Amended Petition ¶ 66 (emphasis added). In Paragraph 70, Petitioners state:
[Wolski] and [Wolski-Worman] have suffered
enormously as a result of the acts of Respondent
[Common Pleas] and [Attorney] Barrasse, [former
County DA] Powell, [Guardianship Administrator]
Marino, [former U.S. Attorney] Gallagher, [Court
Administrator] Castellano, [Register of Wills]
13
Feinberg did not specifically address Judicial Respondents’ Preliminary Objections.
14
In addition, in Amended Petition Paragraph 19, Petitioners state Court Administrator
Castellano’s address, see Amended Petition ¶ 19, and in paragraph 21, Petitioners state that
Common Pleas is “part of the Pennsylvania 45th Judicial District and is located in Scranton, PA.”
Amended Petition ¶ 21.
9
Kovaleski, and [Register of Wills Solicitor] Gallagher, in
[t]heir [o]fficial [c]apacit[ies] as set forth herein.
Amended Petition ¶ 70 (emphasis added). However, nowhere in the Amended
Complaint do Petitioners mention what “actions and conduct” Judicial Respondents
performed that “resulted in” harm to Wolski, Amended Petition ¶ 66, or what “acts”
of Judicial Respondents caused Wolski and Wolski-Worman to have “suffered
enormously.” Amended Petition ¶ 70. Because the facts alleged are not sufficiently
specific to enable Judicial Respondents to prepare a defense, Judicial Respondents’
first Preliminary Objection is sustained. See Hill. Accordingly, Judicial
Respondents are dismissed from the instant action.15
County Respondents’ Preliminary Objections
County Respondents argue that Petitioners’ Amended Petition is legally
insufficient pursuant to Rule 1028(a)(4).16 Specifically, County Respondents
contend that Petitioners bring claims pursuant to Section 903 of the Crimes Code,
18 Pa.C.S. § 903; however, there is no private cause of action to enforce
Pennsylvania’s criminal laws under Section 903 of the Crimes Code. County
Respondents further assert that Petitioners’ averments relate to Pennsylvania Rule
of Criminal Procedure (Criminal Rule) 506, Pa.R.Crim.P. 506, and involve
allegations of organized crime and criminal conspiracy in government units pursuant
to Section 903 of the Crimes Code, which constitute a pattern of organized crime
and conspiracy to conceal.
15
Based on this Court’s disposition of Judicial Respondents’ first Preliminary Objection,
this Court does not reach their remaining Preliminary Objections.
16
Rule 1028(a) states, in pertinent part: “Preliminary objections may be filed by any party
to any pleading and are limited to the following grounds: . . . (4) legal insufficiency of a pleading
(demurrer)[.]” Pa.R.Civ.P. 1028(a).
10
County Respondents insist that although it is unclear exactly what
claims Petitioners are attempting to assert, Petitioners have failed to set forth any
cognizable legal theory. Specifically, County Respondents proclaim that Petitioners
mention the phrases criminal conspiracy, organized crime, fraud, and false
imprisonment throughout their Amended Petition, yet they do not plead facts in any
coherent manner to support their multiple causes of action.
Feinberg rejoins that County Respondents’ demurrer fails because
Petitioners adequately pleaded each element of their asserted claims. Feinberg
further retorts that Petitioners’ allegations that County Respondents’ intentional
fraud, obstruction of justice, collusion, record tampering, and corruption, if proven,
are violations of statutes, regulations, constitutional provisions, and common law
duty. Notably, Feinberg does not specify which statutes, regulations, constitutional
provisions, or common law duty County Respondents purportedly violated.
In her brief, Feinberg states:
Feinberg commenced this action along with . . . Wolski-
Worman . . . by filing a Petition for Review on August 25,
2024, alleging that Respondents engaged in and continue
to engage in a series of crimes, including but not limited
to public corruption, fraud, conspiracy, criminal
racketeering, and federal laundering. These crimes
involve the kidnapping of [Feinberg’s] four children
from November 3, 2023[] through November 16, 2023, the
murder of [] Greenberg on January 26, 2011, which was
intentionally deemed a suicide, the attempted
assassination of President . . . Trump in Butler, Pa[.], on
July 13, 2024, and the ongoing kidnapping of [Wolski].
[Feinberg] sets forth specific factual allegations
demonstrating that Respondent[s’] actions were unlawful,
arbitrary, and/or contrary to governing statutes and
regulations.
11
Feinberg Br. at 3-4 (emphasis added). However, the Amended Petition contains no
references to the kidnapping of Feinberg’s children, that Greenberg’s murder was
deemed a suicide, or that Wolski was kidnapped.
Relative to Rule 1028(a)(4), this Court has explained:
In ruling on a demurrer, a court must accept as true
all well-pleaded material allegations, as well as all
inferences reasonably deduced therefrom.
Moreover, in order to sustain a demurrer, it must
appear with certainty that the law will not permit
recovery, and any doubt should be resolved by a
refusal to sustain the demurrer.
Glenn v. Horan, 765 A.2d 426, 430 (Pa. Cmwlth. 2001)
(citation omitted). Further, the complaint need not cite
evidence, but only those facts necessary for the defendant
to prepare a defense. Dep[’t] of Transp[.] v. Bethlehem
Steel Corp., . . . 380 A.2d 1308, 1313 ([Pa. Cmwlth.]
1977). Allegations will withstand challenge where they
contain averments of all of the facts the plaintiff will
eventually have to prove in order to prevail and they are
sufficiently specific so as to enable [the] defendant to
prepare a defense. Id.
Podolak v. Tobyhanna Twp. Bd. of Supervisors, 37 A.3d 1283, 1287-88 (Pa.
Cmwlth. 2012) (emphasis added).
Criminal conspiracy is not a private cause of action; however,
“civil conspiracy occurs when two or more persons
combine or agree intending to commit an unlawful act or
do an otherwise lawful act by unlawful means.” Brown [v.
Blaine], 833 A.2d [1166,] 1173[] n.16 [(Pa. Cmwlth.
2003)]. A party asserting such a claim is required to aver
“material facts which will either directly or inferentially
establish elements of conspiracy.” Id. Th[is] Court in
Brown noted that, in addition to alleging the above, a
plaintiff must allege facts supporting a claim for
conspiracy, namely[:] (1) the persons combined with a
common purpose to do an unlawful act or to do a lawful
act by unlawful means or unlawful purpose[;] (2) an overt
act in furtherance of the common purpose has occurred[;]
12
and (3) the plaintiff has incurred actual legal damage. Id.
Additionally, absent a civil cause of action for a
particular act, there can be no cause of action for civil
conspiracy to commit that act. McKeeman v. Corestates
Bank, N.A., 751 A.2d 655 (Pa. Super. 2000).
Weaver v. Franklin Cnty., 918 A.2d 194, 202 (Pa. Cmwlth. 2007) (emphasis added).
Here, all of Petitioners’ alleged claims are criminal in nature and have no
corresponding private cause of action. Thus, Petitioners did not, nor could not, plead
all of the facts they would have to prove in order to prevail on a civil conspiracy
claim.
Similarly, Criminal Rule 506 is not a private cause of action but, rather,
a procedural rule, that provides:
(A) When the affiant is not a law enforcement officer, the
complaint shall be submitted to an attorney for the
Commonwealth, who shall approve or disapprove it
without unreasonable delay.
(B) If the attorney for the Commonwealth:
(1) approves the complaint, the attorney shall indicate this
decision on the complaint form and transmit it to the
issuing authority;
(2) disapproves the complaint, the attorney shall state
the reasons on the complaint form and return it to the
affiant. Thereafter, the affiant may petition the court
of common pleas for review of the decision.
For the contents of a private complaint, see [Criminal]
Rule 504.
In all cases where the affiant is not a law enforcement
officer, the complaint must be submitted for approval or
disapproval by the attorney for the Commonwealth.
The district attorney may “transmit” the complaint to the
issuing authority pursuant to paragraph (B)(1) by returning
it to the affiant for delivery.
13
Pa.R.Crim.P. 506 (emphasis added). Here, Petitioners base their Amended Petition
on the Complaints; however, according to Criminal Rule 506, Petitioners recourse
concerning a district attorney’s disapproval of a private complaint is not a civil
action, but rather an appeal in common pleas court.
In the Amended Petition, concerning Former County DA Powell’s
actions, Petitioners pleaded:
43. [Former County DA] Powell made statements to []
Wolski-Worman that a criminal investigation would be
opened by Detective Joseph Blazosek[17] against John
McHugh [(McHugh)18] and [Attorney] Barrasse.
44. [Former County DA] Powell authorized his office
to deny two private criminal complaints against []
McHugh with irrefutable evidence of theft, harassment,
physical assault, illicit substance abuse, and forgery of
fraudulent checks.
45. Upon information: and belief [former County DA]
Powell communicated with [Attorney] Barrasse to
conceal [] McHugh’s crimes which harmed [] Wolski-
Worman and [] Wolski[.]
Amended Petition ¶¶ 43-45 (emphasis added).
Relative to former U.S. Attorney Gallagher’s and Register of Wills
Solicitor Gallagher’s actions, Petitioners averred:
49. Upon information and belief, [former U.S. Attorney]
Gallagher communicated with [Register of Wills
Solicitor] Gallagher to falsify documents relating to
[Wolski’s] Guardianship and the fabricated [Protection
from Abuse] against [] Wolski-Worman.
50. [Register of Wills Solicitor] Gallagher is a licensed
attorney in the state of Pennsylvania who[,] upon
17
Detective Joseph Blazosek is not a Respondent in this action, and this is the only time
his name appears in the Amended Petition.
18
McHugh is not a party in this action and is only mentioned in Paragraphs 43 through 46
of the Amended Petition. See Amended Petition ¶¶ 43-46.
14
information and belief, falsified documents; fabricated
seals on invalid [c]ourt [o]rders for [Register of Wills]
Kovaleski.
Amended Petition ¶¶ 49-50 (emphasis added).
Concerning Register of Wills Kovaleski’s actions, Petitioners pleaded:
51. Upon information and belief, [Register of Wills]
Kovaleski mailed . . . Wolski-Worman a Cease-and-
Desist Petition with a forged signature which included a
Motion for Continuance and did not reference a Cease and
Desist.
....
54. [] Wolski-Worman informed [Register of Wills]
Kovaleski that crimes were committed by [Attorney]
Barrasse, and others, and uploaded the proof of emails to
the Guardianship Docket of [] [Wolski].
55. Upon information and belief, [Register of Wills]
Kovaleski signed, stamped, and certified a fraudulent
[c]ourt [o]rder dated May 4, 2023.
Amended Petition ¶¶ 51-55 (emphasis added).
Finally, with respect to Guardianship Administrator Marino’s actions,
Petitioners alleged:
56. [Guardianship Administrator] Marino is the
Guardianship Administrator for [Common Pleas] and
engaged in fraud, corruption, and, obstruction of
justice.
57. Upon information and belief[,] [Guardianship
Administrator] Marino had knowledge of the
conspiracy and fraud of the [o]rder against [] Wolski-
Worman and failed to report such crimes to police.
58. [Guardianship Administrator] Marino stated to []
Wolski-Worman, “God Bless You for going up against the
Barrasse’s [sic][.]”[]
....
15
60. Upon information and belief [Guardianship
Administrator] Marino had knowledge of the
conspiracy and misconduct of [Attorney] Barrasse against
[] Wolski-Worman and failed to report such crimes to
police.
Amended Petition ¶¶ 56-60 (emphasis added).
This Court agrees with County Respondents that it is unclear exactly
what claims Petitioners are attempting to assert against County Respondents in the
Amended Petition, and that they do not plead facts in any coherent way to support
their multiple claims. Because the Amended Petition does not “contain averments
of all of the facts [Petitioners] will eventually have to prove in order to prevail,”
Podolak, 37 A.3d at 1288, Petitioners have failed to set forth any cognizable legal
theory against County Respondents. Accordingly, County Respondents’ first
Preliminary Objection is sustained, and County Respondents are dismissed from the
instant action.19
Butler County Respondents’ and Chester County ADA Cardemone’s
Preliminary Objections
Butler County Respondents first argue that this Court does not have
jurisdiction to address Petitioners’ claims against them because Butler County
Respondents are not Commonwealth actors for the purposes of original jurisdiction.
Petitioners rejoin that Butler County Respondents are officials acting in an official
capacity.
Section 761(a) of the Judicial Code provides, in relevant part:
General rule.--The Commonwealth Court shall have
original jurisdiction of all civil actions or proceedings:
19
Based on this Court’s disposition of County Respondents’ first Preliminary Objection,
this Court does not reach their remaining Preliminary Objections.
16
(1) Against the Commonwealth government, including
any officer thereof, acting in his official capacity, except:
(i) actions or proceedings in the nature of applications for
a writ of habeas corpus or post-conviction relief not
ancillary to proceedings within the appellate jurisdiction
of the court[.]
42 Pa.C.S. § 761(a) (text emphasis added). Further, “[t]o the extent prescribed by
general rule[,] the Commonwealth Court shall have ancillary jurisdiction over any
claim or other matter which is related to a claim or other matter otherwise within its
exclusive original jurisdiction.” 42 Pa.C.S. § 761(c).
Section 102 of the Judicial Code defines Commonwealth government
as:
The government of the Commonwealth, including the
courts and other officers or agencies of the unified judicial
system, the General Assembly and its officers and
agencies, the Governor, and the departments, boards,
commissions, authorities and officers and agencies of the
Commonwealth, but the term does not include any
political subdivision, municipal or other local
authority, or any officer or agency of any such political
subdivision or local authority.
42 Pa.C.S. § 102 (emphasis added).
“District attorneys are charged with conducting criminal prosecutions
in the name of the Commonwealth but only in the county in which the district
attorney is elected.” Pa. Gamefowl Breeders Ass’n v. Commonwealth, 551 A.2d
361, 363 (Pa. Cmwlth. 1988). “[N]either a district attorney’s office, nor a district
attorney or their subordinates, are part of the [C]ommonwealth government or are
[C]ommonwealth officers for purposes of [this Court’s] original jurisdiction.”
Webster v. Lehigh Cnty. Court of Common Pleas (Pa. Cmwlth. No. 687 M.D. 2019,
17
filed Oct. 8, 2020), slip op. at 6.20 Thus, “[c]ivil actions against district attorneys
[and their detectives] may not be brought in this [C]ourt’s original jurisdiction.” Id.
Consequently, this Court does not have jurisdiction to address Petitioners’ claims
against Butler County Respondents or Chester County ADA Cardemone. Moreover,
because the Commonwealth Respondents have been dismissed from this action, this
Court does not have ancillary jurisdiction over Butler County Respondents, Chester
County ADA Cardemone or any of the remaining Respondents who did not file
preliminary objections.21 Accordingly, Butler County Respondents’ first
Preliminary Objection is sustained,22 and Butler County Respondents, ADA
Cardemone, and all remaining Respondents are dismissed from the instant action.23
Conclusion
For all of the above reasons, Commonwealth Respondents’, Judicial
Respondents’, County Respondents’, and Butler County Respondents’ first
20
Per Section 414(a) of the Internal Operating Procedures of the Commonwealth Court of
Pennsylvania, 210 Pa. Code § 69.414(a), unreported Commonwealth Court opinions issued after
January 15, 2008, may be cited for their persuasive value. Webster is cited for its persuasive value.
21
Although Chester County ADA Cardemone and the remaining Respondents did not raise
jurisdiction in their Preliminary Objections, “[t]he question [of] whether a court has
jurisdiction . . . may be raised at any time in the course of the proceedings, including by a
reviewing court sua sponte.” Dep’t of Env’t Prot. v. Cromwell Twp., Huntingdon Cnty., 32 A.3d
639, 646 (Pa. 2011).
22
Based on this Court’s disposition of Butler County Respondents’ first Preliminary
Objection, this Court does not reach their remaining Preliminary Objections or Chester County
ADA Cardemone’s Preliminary Objection.
23
“A [petition for review] is properly dismissed without allowance for amendment when
leave to amend would be a futile exercise.” Chasen v. Platt, 244 A.3d 73, 84 n.10 (Pa. Cmwlth.
2020). Here, this is Petitioners’ fourth amended petition for review and it is still unclear exactly
what claims Petitioners are attempting to assert and they do not plead facts in any coherent manner,
as to sufficiently allege any of their multiple claims. For this same reason, this Court will not
transfer Petitioners’ claims against Butler County Respondents, Chester County ADA Cardemone,
or any of the remaining Respondents to Common Pleas.
18
Preliminary Objections are sustained, and the Amended Petition is dismissed with
prejudice.
19
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Hadassah Feinberg, :
Yvonne Wolski-Worman, and :
Paul M. Wolski, Sr., :
Petitioners :
:
v. :
:
Joshua D. Shapiro, William :
Mayhugh, Marlon Osbourne, :
Seth Williams, Richard A. :
Goldinger, Christopher Paris, :
James Dellafiora, Andrea :
Cardemone, Samuel Goldberg, :
Nancy Barrasse, Mark Powell, :
Ralph Marino, Brian Gallagher, :
Frank Castellano, Fran Kovaleski, :
Sean Gallagher, County of :
Lackawanna, and Court of
Common Pleas of Lackawanna :
County, : No. 402 M.D. 2024
Respondents :
PER CURIAM
ORDER
AND NOW, this 26th day of October, 2026, the first Preliminary
Objections to Hadassah Feinberg’s, Yvonne Wolski-Worman’s, and Paul M.
Wolski, Sr.’s (collectively, Petitioners) Third Amended Petition for Review for
Declaratory, Injunctive, Compensatory, and Punitive Relief (Amended Petition)1
filed by: (1) Pennsylvania Governor Joshua D. Shapiro and Pennsylvania State
Police Commissioner Christopher Paris; (2) the Lackawanna County (County)
Common Pleas Court Administrator Frank Caste