Rega v. Cmty. Health Choices
Decision Date | 13 May 2022 |
Docket Number | 506 WDA 2021 |
Parties | ROBERT GENE REGA Appellant v. COMMUNITY HEALTH CHOICES, PA HEALTH AND WELLNESS, A BRIDGE TO INDEPENDENCE, AND THE GREENERY CENTER FOR REHABILITATION AND NURSING |
Court | Superior Court of Pennsylvania |
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Order Entered April 8, 2021 In the Court of Common Pleas of Washington County Civil Division at 3509 CV 2020
Joseph D. Seletyn, Esq.
BEFORE: MURRAY, J., McCAFFERY, J., and COLINS, J. [*]
Robert Gene Rega (Appellant) appeals pro se from the order sustaining preliminary objections filed by The Greenery Center for Rehabilitation and Nursing (Greenery), Community Health Choices (Community Health), PA Health and Wellness (PA Health) and A Bridge to Independence (ABI) (collectively Defendants), and dismissing Appellant's complaint with prejudice. Appellant further challenges the denial of Greenery's motion to strike the complaint pursuant to Pa.R.C.P. 1028(a)(2). After careful review, we affirm.
Relevant to this appeal, in March 2020, Appellant's elderly mother, Joan Mary Rega (Rega), resided at The Greenery, a rehabilitative and nursing residence/facility and service provider for Community Health. See Complaint, 7/22/20, ¶¶ 2-3, 16. ABI is a service coordinator entity and subcontractor of Community Health. Id. ¶ 4. According to Appellant, Rega suffers from early-stage Alzheimer's Disease, resulting in "physical and cognitive disabilities[.]" Id. ¶ 8. On March 25, 2020, Appellant, a death-row inmate, sent Greenery a copy of a broad durable power of attorney dated April 9, 2019 (POA).[1] Id. ¶ 14. The POA purportedly authorized Appellant to make decisions on behalf of Rega, including, inter alia, health care and financial decisions. POA, 4/9/19.
On April 27, 2020, Appellant pro se filed a writ of mandamus to compel ABI to recognize Appellant as the lawful agent of Rega under the POA. Writ of Mandamus, 4/27/20. Appellant asserted ABI improperly refused to find Rega an in-home healthcare provider, as directed by Appellant. Id. ¶¶ 14-18. ABI filed preliminary objections challenging the validity of the POA. On January 20, 2021, the trial court denied the writ of mandamus, concluding the POA was invalid. Trial Court Order, 1/20/21.
On appeal, this Court affirmed the trial court's Order. See Rega v. A Bridge to Independence, 260 A.3d 107 (Pa. Super. 2021) (unpublished memorandum). Specifically, this Court concluded that the POA, as it existed prior to May 11, 2020, [2] failed to comply with Chapter 56 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. §§ 5601-5614 (POA Code):
It is undisputed that the POA was not executed in compliance with 20 Pa.C.S.A. 5601(c) and (d), and Appellant failed to meet his burden to prove the POA complied with the POA Code. See id. § 5601(c) (); accord Vine v. Commonwealth, 607 Pa. 648, 9 A.3d 1150, 1162 (Pa. 2010) .
Rega (unpublished memorandum at 10). This Court further concluded the deficiencies rendered the entire POA invalid, despite the presence of a severability clause. Id.
In the interim, on July 22, 2020, Appellant pro se filed the instant six-count complaint. Appellant asserted causes of action against Defendants based on their failure to honor the April 9, 2020, POA. See Complaint, 7/22/20. Appellant set forth the following causes of action:
See id.
Defendants each filed preliminary objections to Appellant's complaint. All Defendants challenged the validity of the POA's "Notice" as noncompliant with 20 Pa.C.S.A. § 5601(c). Preliminary Objections (Greenery), 8/27/20, ¶¶ 13, 15-18; Preliminary Objections (PA Health), 8/31/20, ¶¶ 14-16; Preliminary Objections (ABI), 9/3/20, ¶ 12. Defendants also challenged the legal sufficiency of Appellant's remaining causes of action.[3] Finally, Defendant Greenery included a motion to strike the complaint pursuant to Pa.R.C.P. 1028(a)(2). Preliminary Objections (Greenery), 9/27/20, ¶ 18. At oral argument, Appellant withdrew Count V, alienation of affections, and Count VI, punitive damages. Trial Court Opinion and Order, 4/8/21, at 3.
The trial court denied Greenery's motion to strike pursuant to Pa.R.C.P. 1028(c)(2) without prejudice to file a motion for sanctions or similar relief. Id. at 15. The trial court sustained all of Defendants' preliminary objections, and dismissed Appellant's complaint with prejudice. Trial Court Opinion and Id. at 17. Importantly, the court further stated:
[T]o the extent that the complaint is an effort by [Appellant] to establish the validity of the power of attorney, that issue is an Orphans' Court matter. … Such matter has been previously transferred to that Division. (See Order 11/19/20, at docket 2020-2288)."
Trial Court Opinion and Order, 4/8/21, at 16.
Appellant timely appealed. Both Appellant and the trial court have complied with Pa.R.A.P. 1925. Appellant presents ten issues for review:
Our standard of review in determining whether a trial court erred in sustaining preliminary objections in the nature of a demurrer is well settled. "[A] trial court's decision to grant or deny a demurrer involves a matter of law, [and] our standard for reviewing that decision is plenary." Donaldson v. Davidson Bros., 144 A.3d 93, 100 (Pa. Super. 2016) (citations omitted).
When reviewing the dismissal of a complaint based upon preliminary objections in the nature of a demurrer, we treat as true all well-pleaded material, factual averments and all inferences fairly deducible therefrom. Where the preliminary objections will result in the dismissal of the...
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