Rega, R. v. U.P.M.C. Community Health ( 2023 )

J-A08011-23
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT OP 65.37
ROBERT GENE REGA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
:
v. :
:
:
U.P.M.C. COMMUNITY HEALTH : No. 194 WDA 2022
CHOICES; MELODEE HURSEY; :
SOUTHWESTERN PENNSYLVANIA :
AREA AGENCY ON AGING; HELENA :
SNYDER; COMPATI HOME :
HEALTHCARE; JAY CINCINNATI; :
RUTHI HOOPER; KIMMEY MILLER; :
AND MARY-ANN (L.N.U.) :
Appeal from the Order Entered January 19, 2022
In the Court of Common Pleas of Greene County
Civil Division at No: No. 05 CV 2020
ROBERT GENE REGA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
:
v. :
:
:
U.P.M.C. COMMUNITY HEALTH : No. 354 WDA 2022
CHOICES, MELODEE HURSEY, :
SOUTHWESTERN PENNSYLVANIA :
AREA AGENCY ON AGING, HELENA :
SNYDER, COMPATI HOME :
HEALTHCARE, JAY CINCINATTI, :
RUTHI HOOPER, KIMMEY MILLER, :
AND MARY-ANN (L.N.U.) :
Appeal from the Order Entered January 20, 2022
In the Court of Common Pleas of Greene County
Civil Division at No: No. 05 CV 2020
J-A08011-23
BEFORE: STABILE, J., SULLIVAN, J., and PELLEGRINI, J.*
MEMORANDUM BY STABILE, J.: FILED: JUNE 22, 2023
In these consolidated appeals, Appellant, Robert Gene Rega (“Appellant”
or “Rega”), appeals pro se from orders entered in the Court of Common Pleas
of Greene County dismissing Appellant’s Second Amended Complaint after the
court sustained preliminary objections filed by Appellees, Southwestern
Pennsylvania Area Agency on Aging (“SWPAAA”) and Helena Snyder
(collectively “SWPAAA Appellees”) (“January 19, 2022 Order”), and by
Appellees Compati Home Health Care, Jay Cincinnati, Ruthi Hooper, Kimmey
Miller, and Mary-Ann (L.N.U.) (collectively “Compati Appellees”) (“January 20,
2022 Order”).1 Following review, we affirm.
In the opinion issued in conjunction with each order, the trial court
explained:
[Appellant] is the Plaintiff. Joan Mary Rega is his mother. Rega
indicated that he has a valid power of attorney for his mother. He
is incarcerated in the Department of Corrections and is currently
housed at SCI-Phoenix. Although incarcerated, Rega claims his
residence as 408 Mountainview Drive, Waynesburg, PA 15370. He
is serving a life sentence concurrent with a sentence of death that
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
1 By separate order entered January 19, 2022, the trial court sustained
preliminary objections and dismissed the Second Amended Complaint in favor
of named Appellees, U.P.M.C. Community Health Plan and Melodee Hursey
(collectively “UPMC Appellees”). Appellant did not file an appeal from that
order.
-2-
J-A08011-23
has been imposed [in a separate federal criminal proceeding]. [2]
The court now determines that the preliminary objections will turn
on agency law and also whether Rega has a valid power of
attorney.
The court previously ruled at a separate docket number and term
[] that the power of attorney Rega possesses is invalid. That
opinion has been affirmed by the Pennsylvania Superior Court and
certiorari was denied by the Pennsylvania Supreme Court.[3] []
We note also that Rega is bringing his claim on his own behalf and
not on behalf of his mother. The court determines that this
generally violates the basic principles of agency law.
[The trial court proceeded to identify each of the parties named in
Appellant’s Second Amended Complaint. For our purposes, it is
sufficient to note that Helena Snyder was employed by SWPAAA
as a caseworker and that the remaining individually-named
Compati Appellees were employees of that entity, a provider of
home health services to Medicare/Medicaid participants, including
Appellant’s mother.]
Rega brought this cause of action claiming violations of the United
States and Pennsylvania Constitutions[.] In each count Rega
requests $1,000,000 jointly and severally, court costs, costs of
litigation, attorney fees, prejudgment and post-judgment interest.
Rega’s Complaint is over 100 pages and includes 10 separate
counts. . . . Rega’s Second Amended Complaint is generally
complaining of allegations surrounding, his mother, Ms. Rega’s
home care.
____________________________________________
2 In an unreported decision dated February 15, 2018, the United States District
Court for the Western District of Pennsylvania determined that Appellant was
entitled to a new capital sentencing hearing. Rega v. Wetzel, 2018 WL
897126 (W.D.Pa. 2018). Appellant has not directed our attention to anything
in the record that reflects the outcome of a new hearing. There is no
suggestion, however, that he is serving anything short of a life sentence.
3 Rega v. A Bridge to Independence, No. 151 WDA 2021, unpublished
memorandum (Pa. Super. filed July 2, 2021), appeal denied, 270 A.3d 1105(Pa. 2022).
-3-
J-A08011-23
January 19, 2022 Opinion and Order at 2-4; January 20, 2022 Opinion and
Order at 2-5 (references to Second Amended Complaint and some
capitalization omitted).
In each opinion and order, the trial court addressed Appellees’ respective
preliminary objections to the counts in Appellant’s Second Amended
Complaint. The court prefaced its analysis by noting that Appellant claimed
that his mother, who suffered from Alzheimer’s and dementia, was the victim
of theft by her care providers, prompting Appellant to have security cameras
installed in her apartment. Essentially, he claimed that various care providers
interfered with his ability to monitor and contact his mother by, inter alia,
removing the surveillance cameras and restricting her access to her telephone.
He also contended that providers stole his mother’s identification and social
security information and changed her debit card account and corresponding
PIN number.
The court summarized each of the ten counts in Appellant’s 282-
paragraph complaint, identifying them as follows: Count 1: Fourth
Amendment Search and Seizure; Count 2: First Amendment Free Speech;
Count 3: Intentional Interference with a Contract; Count 4: Intentional
Infliction of Emotional Distress; Count 5: Negligence/Gross Negligence; Count
6: Policy, Custom, Practice or Culture; Count 7: Conspiracy; Count 8: Failure
to Comply with Directives; Count 9: Trespass; and Count 10: Punitive
-4-
J-A08011-23
Damages. January 19, 2022 Opinion and Order at 6-8; January 20, 2022
Opinion and Order at 6-9.
Appellant filed timely appeals from the trial court’s orders. Both
Appellant and the trial court complied with Pa.R.A.P. 1925. This Court
consolidated the appeals by order entered April 28, 2022.
Appellant presents four issues for our consideration:
A. Whether the trial court committed an error of law and/or
abused its discretion by issuing a boilerplate decision/opinion
which failed to provide any legal basis or cite any authorities in
support of granting [Appellant’s] motion(s) for preliminary
objections.
B. Whether the trial court committed an error of law and/or
abused its discretion by failing to decide whether Appellant had
legal standing to claim the residence in [question] as his
personal residence, so that the court could deny relief on
Appellant’s cause(s) of action(s).
C. Whether the trial court committed an error of law and/or
abused its discretion by concluding Appellant failed to state a
claim upon which relief may be granted for all cause(s) of
action(s) against [the SWPAAA Appellees] despite Appellant’s
right as a resident to assert such a claim on his own behalf
nothwithstanding (sic) the validity of Appellant’s power of
attorney.
D. Whether the trial court committed an error or law or abused its
discretion by concluding Appellant failed to state a claim upon
which relief may be granted for all cause(s) of action(s) against
[the Compati Appellees] despite Appellant’s right as a resident
to assert such a claim on his own behalf nothwithstanding (sic)
the validity of Appellant’s power of attorney.
Appellant’s Brief at 5.
-5-
J-A08011-23
We begin by setting forth our standard and scope of review. In
Caltagirone v. Cephalon, Inc., 190 A.3d 596 (Pa. Super. 2018), this Court
reiterated:
Our standard of review of an order granting preliminary objections
in the nature of a demurrer is well-settled:
Preliminary objections in the nature of a demurrer should be
granted where the contested pleading is legally
insufficient. Cardenas v. Schober, 783 A.2d 317, 321 (Pa.
Super. 2001) (citing Pa.R.C.P. 1028(a)(4)). “Preliminary
objections in the nature of a demurrer require the court to
resolve the issues solely on the basis of the pleadings; no
testimony or other evidence outside of the complaint may
be considered to dispose of the legal issues presented by
the demurrer.” Hess v. Fox Rothschild, LLP, 925 A.2d
798, 805 (Pa. Super. 2007) (quoting Cardenas, 783 A.2d
317 at 321). All material facts set forth in the pleading and
all inferences reasonably deducible therefrom must be
admitted as true. Id.Cooper v. Church of St. Benedict, 954 A.2d 1216, 1218 (Pa.
Super. 2008). In reviewing a trial court’s grant of preliminary
objection, the standard of review is de novo and the scope of
review is plenary. Martin v. Rite Aid of Pennsylvania, Inc., 80
A.3d 813, 814 (Pa. Super. 2013). Moreover, we review the trial
court’s decision for an abuse of discretion or an error of
law. Lovelace ex rel. Lovelace v. Pennsylvania Prop. & Cas.
Ins. Guar. Ass'n, 874 A.2d 661, 664 (Pa. Super. 2005).
Id. at 599 (quoting Kilmer v. Sposito, 146 A.3d 1275, 1278 (Pa. Super.
2016)).
With respect to both the SWPAAA and Compati Appellees, in his first
issue (Issue A), Appellant contends that the trial court committed error of law
or abused its discretion “by issuing a boilerplate decision/opinion which failed
to provide any legal basis or cite any authorities” in support of its orders
granting both Appellees’ preliminary objections. Appellant’s Brief at 11.
-6-
J-A08011-23
Appellant cites certain canons of the Code of Judicial Conduct in support of his
argument that the trial court failed to make an independent review of the facts
and law.4 He claims that the trial court merely adopted the Appellees’
arguments and thereby denied Appellant a fair and impartial review.
We find no merit to Appellant’s bald assertion of error of law or abuse
of discretion in the disposition of Appellant’s claims and the grant of Appellees’
preliminary objections. In each of its opinions and orders, the trial court set
forth the applicable standard of review when addressing preliminary
objections. January 19, 2022 Opinion and Order at 9 and January 20, 2022
Opinion and Order at 9-10 (both citing Torres v. Beard, 997 A.2d 1242, 1245
(Pa. Cmwlth. 2010)). The court proceeded to address each of the preliminary
objections raised by each Appellee in accordance with the standard of review
and then stated its basis for sustaining the objections. Appellant’s first issue
fails.
In his second issue (Issue B), Appellant complains that the trial court
failed to address Appellant’s contention that he—a prisoner serving a life
sentence in a state correctional institution—somehow “resides” in his mother’s
apartment. The trial court found it unnecessary to address the issue of
____________________________________________
4 Specifically, Appellant contends the court violated Canon 1 (relating to the
independence of the judiciary and avoiding appearance of impropriety), Canon
2.1 (calling for judicial duties to take precedence over a judge’s personal and
extrajudicial activities), Canon 2.1 (requiring performance of judicial duties
without bias or prejudice) and Canon 2.6 (according all persons the right to
be heard).
-7-
J-A08011-23
residency in light of the fact that it was “convinced that Rega as agent can
make no claim on his own benefit.” January 19, 2022 Opinion and Order at
10. As the SWPAAA Appellees correctly recognize, analysis of the legal
residence issue was not required because Appellant’s claims “are clearly based
on his purported rights to act on behalf of his mother.” SWPAAA Appellees
Brief at 21. Again, “the issue was adequately resolved by the invalidity of the
power of attorney at issue.” Id. We find no error on the part of the trial court
for declining to address an issue that was not necessary to the disposition of
Appellant’s claims.
Regardless, we find no merit to Appellant’s assertion that he was a
resident of his mother’s apartment. As the SWPAAA Appellees observe,
Appellant alleged in his Second Amended Complaint that he “resides at 1200
Mokychic Drive, Collegeville, PA, 19426.” SWPAAA Appellees Brief at 21
(quoting Appellant’s Second Amended Complaint, 1/21/21, at 2).5
____________________________________________
5 Appellant cites three Commonwealth Court cases and two cases from courts
of common pleas in support of his contention that he is a resident of his
mother’s apartment despite being incarcerated and serving a life sentence.
See Appellant’s Brief at 16. The cases are not binding on this Court and, more
importantly, are inapposite, as is the U.S. Supreme Court case he cited. This
Court has recognized that “residence” is “a factual place of abode evidenced
by a person’s physical presence in a particular place.” Wall Rose Mutual
Ins. Co. v. Manross, 939 A.2d 958, 965 (Pa. Super. 2007) (citation and
internal quotation omitted). Because residence is a question of physical
presence, “intention is not a relevant consideration.” Id. (citation omitted).
-8-
J-A08011-23
This Court may take judicial notice of the fact the stated address is the
address of State Correctional Institute-Phoenix. Pa.R.E. 201(b) (“a court may
take judicial notice of fact[s] that [are] not subject to reasonable dispute.”).
By virtue of Appellant’s admission and judicial notice, there is no unresolved
issue relating to Appellant’s residence. Therefore, we agree with the trial court
that analysis of Appellant’s “residence” was unnecessary. Appellant is not
entitled to relief on his second issue.
In his third and fourth issues, Appellant challenges the trial court’s grant
of preliminary objections of the SWPAAA Appellees (Issue C) and those of the
Compati Appellees (Issue D). We shall consider Appellant’s issues with
respect to the SWPAAA Appellees and the Compati Appellees separately.
PRELIMINARY OBJECTIONS OF SWPAAA APPELLEES
The SWPAAA Appellees filed four preliminary objections to Appellant’s
Second Amended Complaint. Specifically, the SWPAAA Appellees demurred
to Counts I and II, asserting that the allegations regarding constitutional
violations set forth in those counts were legally insufficient. They also
demurred to Counts III through IX, contending that the state law claims
alleged in those counts were “not in compliance with the Power of Attorney
statute and [are] not enforceable,” and that the SWPAAA Appellees “did not
owe any duty to [Appellant], and [Appellant] does not set forth factual
allegations to support a prima facie case of the claims advanced in those
counts.” SWPAAA Appellees’ Preliminary Objections at 1. In addition, the
-9-
J-A08011-23
SWPAAA Appellees asserted that Appellant’s Count X request for punitive
damages does not constitute a separate cause of action and his request for
attorney fees and costs “fail[ed] to conform to law and rules of court.” Id. at
1-2.
The trial court sustained all the SWPAAA Appellees’ Preliminary
Objections and dismissed Appellant’s Complaint. January 19, 2022 Opinion
and Order. Appellant purports to challenge the trial court’s ruling “for all
cause(s) of action(s) against the SWPAAA Appellees[.] Appellant’s Brief at 5.
However, in his brief, he challenges the trial court’s rulings only with respect
to Counts I and II, involving constitutional challenges, and Counts V and IX,
involving negligence and trespass, respectively. We confine our discussion to
those counts.
In Counts I and II of Appellant’s Second Amended Complaint, Appellant
alleged violations of the Fourth and First Amendments. In rejecting
Appellant’s constitutional claims, the trial court was convinced that “Rega has
failed to support a cause of action based on constitutional claims. . . . [W]e
again determine that Rega does not have a valid power of attorney over his
mother.” January 19, 2022 Opinion and Order at 10.
We find no error in the court’s determination. As the SWPAAA Appellees
observe, Appellant “has at no point identified the legal basis or mechanism by
which he was entitled to assert claims for money damages for these alleged
constitutional violations.” SWPAAA Appellees Brief at 16. However, Appellant
- 10 -
J-A08011-23
has failed to demonstrate that the SWPAAA Appellees were state actors so as
to entitle him to a remedy under 42 U.S.C. § 1983.
In terms of Fourth Amendment violations, Appellant claimed that the
Appellees entered his mother’s apartment without his permission as her power
of attorney. As such, Appellant’s “actual claim is not that his own rights were
violated, but that his mother’s rights were violated because Appellees did not
seek his consent in his purported role as power of attorney.” Id. at 19. Again,
that power of attorney was determined to be invalid.
In terms of claimed First Amendment violations, “such claim was again
couched as an agency claim brought on behalf of his mother, without the
authority of a valid power of attorney, and while improperly seeking recovery
of damages in his own right.” Id. We agree that the trial court properly found
that Appellant failed to state a valid First Amendment claim “because he did
not possess legal authority to raise such claim on behalf of his mother, and
regardless, could not raise such claim as her agent but seeking damages for
himself alone.” Id. at 20.
Regarding Appellant’s state law claims raised in Counts V and IX, the
trial court noted they were “premised on his assertion that he is Power of
Attorney for his mother, Ms. Rega, and [] the instant court [] has already
determined that Rega’s alleged Power of Attorney was not valid for events on
- 11 -
J-A08011-23
or before May 11, 2020.” January 19, 2022 Opinion and Order at 11.6 The
court announced that it again determined that Appellant “does not have a valid
power of attorney over his mother. Also, even if valid, Rega, as agent, can
make no claims on his own behalf.” Id. at 12.
Regarding the claims of negligence and gross negligence in Count V, the
SWPAAA Appellees recognize that to establish negligence, a defendant must
owe a duty of care to a plaintiff. “Duty, in any given situation, is predicated
on the relationship existing between the parties at the relevant time.” Charlie
v. Erie Ins. Exchange, 100 A.3d 244, 252 (Pa. Super. 2014) (citation
omitted).
Although Appellant asserted that the SWPAAA Appellees owed a duty of
care, he based that contention on an invalid power of attorney. However, he
cannot premise a negligence claim on an invalid power of attorney. Absent
any relationship between Appellant and the SWPAAA, he cannot establish that
the SWPAAA Appellees owed him any duty. Because he has not established a
duty, the trial court properly determined that his negligence claims were
legally insufficient. Similarly, Appellant has not pled facts to establish a
trespass claim, a claim based on entering and disconnecting a camera system
____________________________________________
6 We note that all events upon which Appellant bases his claims occurred
before the end of February 2020. See Appellant’s Second Amended
Complaint.
- 12 -
J-A08011-23
in his mother’s apartment. As the SWPAAA Appellees recognize, Appellant
does not maintain his legal residence in that apartment and otherwise holds
no ownership interest in the property. Because Appellant was not the
possessor of his mother’s apartment, Appellant cannot succeed on a claim of
trespass against the SWPAAA Appellees.
We find no error or abuse of discretion in the trial court’s conclusions
regarding Appellant’s constitutional claims alleged in Counts I and II or
regarding the negligence and trespass claims alleged in Counts V and IX of his
Second Amended Complaint. Appellant is not entitled to relief on his third
issue. 7
PRELIMINARY OBJECTIONS OF COMPATI APPELLEES
The Compati Appellees also filed preliminary objections to Appellant’s
Second Amended Complaint. They demurred to the allegations of Counts I
through IX, and asserted a motion to strike Count X (punitive damages) as
well as claims of entitlement to attorney fees, and Paragraphs 113 through
117 of the Second Amended Complaint. Compati Preliminary Objections,
3/25/21.
The trial court sustained the preliminary objections and addressed each
of the demurrers and the motions to strike. Again, we review the court’s
____________________________________________
7Because Appellant’s fourth issue (Issue D) deals with the Compati Appellees
only, we do not consider it here.
- 13 -
J-A08011-23
ruling for error of law or abuse of discretion, accepting all well-pleaded
material facts as true. Caltagirone, 190 A.3d at 599.
In his brief, Appellant challenges the court’s rulings only with respect to
Counts I (Unlawful Search and Seizure), II (Free Speech), V
(Negligence/Gross Negligence), VI (Policy, Custom, Practice or Culture), VII
(Conspiracy), and IX (Trespass). Because he has abandoned the remaining
counts and claims, we shall confine our discussion to the trial court’s
disposition of those counts addressed in Appellant’s brief.
In their first two demurrers, the Compati Appellees assert that Counts I
and II are legally insufficient because there is no private cause of action for
constitutional violations under the United States or Pennsylvania
Constitutions, and in particular, for Appellant’s claims that the Compati
Appellees violated his Fourth Amendment rights against unlawful searches and
seizures and First Amendment free speech rights. The trial court agreed,
finding that the Compati Appellees are private actors, not acting under color
of state law, that Appellant is not a real party in interest, that Compati as an
employer cannot be vicariously liable for constitutional violations, that
Appellant failed to allege facts demonstrating constitutional violations, and,
importantly, that there is no private cause of action for constitutional
violations. January 20, 2022 Opinion and Order at 10-11.
With respect to Count I, the Compati Appellees provide analysis
supporting the trial court’s dismissal of that count. In particular, they offer
- 14 -
J-A08011-23
analysis, with citation to 42 U.S.C. § 1983 and relevant case law, establishing
that the Compati Appellees were private actors who are not liable for
constitutional violations. Further, they scrutinize Appellant’s complaint to
demonstrate that Appellant failed to allege an unlawful search or seizure or
that he maintained a reasonable expectation of privacy in his mother’s
apartment. In addition, they recognize that Appellant was not a real party in
interest, in light of the invalid power of attorney upon which Appellant relies
and note that he is foreclosed from asserting claims on his mother’s behalf.
Compati Appellees Brief at 13-18.
Regarding Count II, the Compati Appellees address Appellant’s First
Amendment claims, concentrating on the United States Constitution in light of
the fact there is no recognized private cause of action for monetary damages
for alleged violations of the Pennsylvania Constitution. Compati Appellees
Brief at 18 n. 2 (citing Jones v. City of Philadelphia, 890 A.2d 1188, 1208
(Pa. Cmwlth. 2006) (en banc), appeal denied, 909 A.2d 1291 (Pa. 2006)).
Reiterating that the Compati Appellees were not state actors so as to be
potentially liable under Section 1983, they also note that Appellant cannot
assert his mother’s claims as his own. Further, to the extent Appellant
attempted to establish Compati’s vicarious liability for acts of omissions of its
employees, that attempt must fail because an employer cannot be found liable
for constitutional violations of Section 1983 based on respondeat superior.
Because Appellant failed to allege any policy or custom behind a purported
- 15 -
J-A08011-23
free speech violation, Appellant failed to state a claim upon which relief can
be granted. Finally, Appellant failed to aver facts to support a claim that
Compati employees infringed upon Appellant’s freedom of speech. Compati
Appellees Brief at 18-21.
Appellant has failed to establish any error of law or abuse of discretion
with respect to the trial court’s dismissal of the constitutional claims asserted
in Counts I or II of Appellant’s Second Amended Complaint.
The Compati Appellees next address Appellant’s claims of negligence,
gross negligence, and trespass set forth in Counts V and IX of the Second
Amended Complaint. The trial court sustained the demurrer to each count,
noting legal insufficiency. January 20, 2022 Opinion and Order at 18, 20-21.
With respect to the negligence and gross negligence allegations, the trial court
noted that Appellant’s power of attorney was unenforceable and that Appellant
failed to establish that the Compati Appellees owed any duty of care to
Appellant. Id. at 18.
Appellant recognizes the requirements for stating a cause of action for
negligence, including a duty or obligation recognized by law. However, he fails
to explain the duty allegedly owed to him by the Compati Appellees. In a
hybrid argument addressing negligence and trespass, he suggests that
“Appellees had a legal obligation/duty to conform their conduct to comply with
the laws of this Commonwealth which apply to every citizan (sic). It’s called
negligence pro se’ (sic).” Appellant’s Brief at 21. He contends the Compati
- 16 -
J-A08011-23
Appellees were aware that Appellant did not authorize them to disconnect or
destroy the wireless camera system. “That is Trespass under common law.”
Id. at 22. He argues that the Compati Appellees had a “legal (criminal) duty
of care not to destroy Appellant’s personal property” within his mother’s
apartment. Id. (citing 18 Pa.C.S.A. § 3304-Criminal Mischief).
The Compati Appellees counter that a trespass claim is contingent upon
an assertion that a defendant entered upon the plaintiff’s land. Here, there is
no allegation that the Compati Appellees entered onto Appellant’s land, nor
could there be, “since [Appellant] does not own, occupy, control, or reside in
the residence in question.” Compati Appellees Brief at 38.
We find no error of law or abuse of discretion with respect to the trial
court’s grant of preliminary objections relating to Counts V and IX.
Finally, Appellant challenges the trial court’s grant of preliminary
objections to Count VII of the Second Amended Complaint in which he claims
that the Compati Appellees conspired to seize his surveillance cameras and
unplug his mother’s phones. The Compati Appellees note that Appellant again
bases his entitlement to relief on the invalid power of attorney and his
disproven claim of residency in his mother’s apartment. Compati Appellees
Brief at 34.
In order to establish civil conspiracy, it must be shown that two or more
persons combined or agreed with the intent to do an unlawful act or to do an
otherwise lawful act by unlawful means. Thompson Coal Co. v. Pike Coal
- 17 -
J-A08011-23
Co., 412 A.2d 466, 472 (Pa. 1979). Proof of malice, or an intent to injure, is
an essential element to prove conspiracy. Id.The trial court explained that Appellant could not recover on a cause
of action based on conspiracy because, inter alia, he “fails to aver any facts
necessary to state a viable claim of conspiracy, rather he makes a general
conclusion and unsubstantiated suspicions that are legally insufficient.”
January 20, 2022 Opinion and Order at 19. Basically, Appellant “repeatedly
aver[red] that the Compati [Appellees] were acting as agents of the
Department of Aging and agents of a single entity cannot conspire among
themselves.” Id.We find no error of law or abuse of discretion in the trial court’s
determination that Appellant failed to state a legally sufficient cause of action
for conspiracy among the Compati Appellees, either alone or in conjunction
with the SWPAAA Appellees.
Finding no error of law or abuse of discretion in the trial court’s grant of
preliminary objections filed by the SWPAAA Appellees, we affirm the trial
court’s January 19, 2022 order dismissing Appellant’s Second Amended
Complaint. Further, finding no error of law or abuse of discretion in the trial
court’s grant of preliminary objections filed by the Compati Appellees, we also
affirm the trial court’s January 20, 2022 order dismissing Appellant’s Second
Amended Complaint.
Orders affirmed.
- 18 -
J-A08011-23
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 6/22/2023
- 19 -