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DASHNER v. HAMBURG CENTER

845 A.2d 935 (2004)

John W. DASHNER, Sr. and Loretta A. Dashner, Individually and on behalf of and in their capacity as Parents and Natural Guardians of John W. Dashner, Jr., An Incapacitated Person and Anna L. Miller, Individually and on behalf of and in her capacity as the Parent and Natural Guardian of Michael A. Moatz, An Incapacitated Person v. The HAMBURG CENTER of the DEPARTMENT OF PUBLIC WELFARE, Appellant.

Commonwealth Court of Pennsylvania.

Decided March 12, 2004.

Attorney(s) appearing for the Case

John W. Stahl, Allentown, for appellant.

Jay N. Abramowitch, Wyomissing, for appellees.

BEFORE: FRIEDMAN, Judge, LEAVITT, Judge, and MIRARCHI, JR., Senior Judge.

OPINION BY Judge LEAVITT.

The Hamburg Center of the Department of Public Welfare (Center) appeals from the April 21, 2003 order of the Court of Common Pleas of Berks County (trial court), which denied summary judgment to the Center as to Counts I, II, III and IV of a sixteen-count Complaint filed against the Center by (1) John W. Dashner, Sr. and Loretta A. Dashner, individually and as parents and guardians of John W. Dashner, Jr. (Dashner),1

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