S.T. Young v. The Estate of Frank J. Young and Norma Young

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Scott T. Young, :

Appellant :

:

v. : No. 658 C.D. 2015

: Submitted: February 19, 2016

The Estate of Frank J. Young :

and Norma Young :

BEFORE: HONORABLE ROBERT SIMPSON, Judge

HONORABLE MICHAEL H. WOJCIK, Judge

HONORABLE DAN PELLEGRINI, Senior Judge

OPINION

BY JUDGE SIMPSON FILED: April 12, 2016

Scott T. Young (Plaintiff), representing himself, appeals from a March

13, 2015 order of the Court of Common Pleas of Monroe County1 (trial court)

denying Young’s motion for reconsideration of its March 4, 2015 order sustaining

preliminary objections to Young’s complaint seeking compensatory damages from

the estates of his late aunt and uncle (Defendants or Estates). Essentially,

Plaintiff’s complaint alleged that certain unnamed individuals mistreated Plaintiff’s

aunt and uncle in their last days. The individuals also interfered with Plaintiff’s

relationship with his aunt and uncle by denying him visitation. Because we

consider Plaintiff’s uncounseled appeal to be a timely appeal of the trial court’s

order sustaining Defendants’ preliminary objections, we address the merits of

Plaintiff’s appeal. For the reasons that follow, we affirm.

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The Honorable David J. Williamson presided.

I. Background

A. Generally

Plaintiff is a nephew of the late Frank J. Young and his wife, Norma

Young. They were married for 50 years. In June 2014, Norma Young died testate;

her will left her entire estate to her husband. In August 2014, Frank Young died

testate. He willed the bulk of his assets to nine charitable organizations

(Charities).2

Following the probate of Frank Young’s will, John A. Young, another

nephew, filed an informal caveat. However, he failed to file a bond, and the caveat

was deemed withdrawn. In September 2014, letters testamentary were issued to

the executor named in the will, Attorney Richard E. Deetz (Executor).

B. Writ of Summons

In October 2014, Plaintiff initiated the underlying action in this case

by filing a writ of summons naming “The Estate of Frank and Norma Young” as

defendants. See Certified Record (C.R.), Writ of Summons, filed 10/31/15.

Thereafter, the trial court issued a rule against Plaintiff to file a complaint within

20 days. In response, Plaintiff filed a motion seeking a stay of the filing period for

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The charitable beneficiaries of Frank Young’s Estate included the: Alzheimer’s Disease

and Related Disorders Association, American Cancer Society, Inc., American Heart Association,

Christ Hamilton United Lutheran Church, Shriners Hospitals for Children, Animal Welfare

Society of Monroe, Diakon Lutheran Social Ministries (d/b/a Lutheran Home at Topton),

Masonic Villages of the Grand Lodge of Pennsylvania, and Salvation Army.

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the complaint in order to conduct pre-complaint discovery. The trial court denied

Plaintiff’s motion. Tr. Ct. Order, 1/15/15.

C. Complaint

On January 22, 2015, Plaintiff filed a complaint against Defendants

alleging “loss of consortium and the los[s] of support, cooperation, aid,

companionship and loving interactive relationship critical in the last days of [his

aunt’s and uncle’s] life.” Compl., 1/22/15 at ¶1. Plaintiff’s complaint sets forth

the following allegations. An attorney for the “Estate of Frank and Norma Young”

issued a letter that was posted on his aunt and uncle’s residence directing him not

to trespass or contact his aunt or uncle. Compl. at ¶1. When Plaintiff attempted to

visit his aunt and uncle, a stranger, while behind closed doors, repeatedly met him

and told him to leave the property in accord with instructions posted by Valerie

Glassford (Glassford). Compl. at ¶2. Plaintiff contacted Glassford, who denied

knowledge of such instructions. Compl. at ¶3. Thereafter, Plaintiff again

confronted the stranger at the residence, who then claimed her directions to deny

Plaintiff visitation came from a personal care provider named Sanki. Id.

On another occasion, Sanki refused to open the door or permit

Plaintiff to visit his aunt and uncle. Compl. at ¶4. Plaintiff’s aunt appeared behind

Sanki and demanded to speak with him. Id. Sanki physically blocked Plaintiff’s

aunt and closed the draperies. Id. Plaintiff’s aunt then appeared at the kitchen

window and shouted something to Plaintiff. Id. Plaintiff’s aunt was then removed

from the window and not seen again. Id.

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On yet another occasion, Plaintiff’s uncle, in the presence of women

Plaintiff believed to be nurse’s aides, invited him into the home. Compl. at ¶5.

Plaintiff’s aunt then joined them. Id. She appeared ragged and unkempt. Id.

Plaintiff’s aunt then asked the other women why they opened the screen door for

Plaintiff. Id. They replied that Plaintiff’s uncle wanted him to come inside. Id.

Plaintiff’s aunt then stated she wished Plaintiff could come anytime. Id. However,

Plaintiff’s aunt also told Plaintiff not to come when “the others” were around

because they will put her on the sixth floor if she “doesn’t play along.” Id.

Thereafter, “[a] lengthy visit followed without interruption, enjoying conversation

of health, family, inheritance and business.” Id.

In paragraph 6, Plaintiff alleged (with emphasis added):

persons obtained, hired, paid and or managed by or with

the knowledge of the attorney for, and estate

administrator of Frank J. Young and Norma Young, did

mentally confuse, emotionally abuse and otherwise

impose undue influence, wrongfully interfering with

[Plaintiff’s] rights and relationships with Frank J. Young

and Norma Young, Plaintiff Uncle and Aunt respectively

(now deceased) and all benefits thereof.

Compl. at ¶6.

Plaintiff further alleged his uncle denied any knowledge of a letter

prohibiting Plaintiff’s trespass. Compl. at ¶7. However, Plaintiff’s uncle did

recognize his signature on the bottom of the letter. Id.

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In his prayer for relief, Plaintiff alleged that “[whereas] these

wrongful acts had a debilitating affect upon [Plaintiff and his aunt and uncle]

together and individually and upon the beneficial relationship of the parties,

[Plaintiff] seeks compensatory award of the Estate.” Compl. at ¶2.

D. Charities’ Petition to Intervene

In response to Plaintiff’s complaint, Charities filed a petition to

intervene. See C.R., Petition to Intervene, 1/22/15. Charities averred that the

determination of Plaintiff’s action would affect their legally enforceable interest in

the remainder of Frank J. Young’s Estate. Id. Further, Charities asserted

Plaintiff’s action was improper because it constituted a will contest and should

have been filed as either a caveat to or appeal from probate. Id.

In February 2015, after Plaintiff failed to timely file an answer or

respond to a rule to show cause, the trial court entered an order making the rule

absolute and granting Charities leave to intervene in the action. Tr. Ct. Order,

2/18/15. The same day, the trial court also entered an order denying as untimely

Plaintiff’s motion for argument on the rule to show cause.

E. Preliminary Objections

Meanwhile, on January 30, 2015, Defendants, through their personal

representative, Attorney Janet Marsh Catina (Estate Representative), filed

preliminary objections to Plaintiff’s complaint in the nature of a demurrer. First,

Defendants asserted Plaintiff’s complaint was legally insufficient because

Pennsylvania law does not recognize a cause of action for “loss of support,

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cooperation, aid, companionship or loving interaction.” Prelim. Objs. at ¶1a.

Second, Pennsylvania law does not recognize a cause of action for loss of

consortium between a nephew and his aunt or uncle. Prelim. Objs. at ¶1b. Third,

Plaintiff’s complaint lacked any allegation that either Frank J. Young or Norma

Young committed any of the acts specified. Prelim. Objs. at ¶1c. Fourth, although

Plaintiff’s complaint alleged undue influence, it did not name an alleged

perpetrator. Prelim. Objs. at ¶1d. Fifth, Plaintiff’s complaint failed to aver in what

manner Plaintiff suffered economic harm as a result of the conduct alleged.

Prelim. Objs. at ¶1e. Therefore, Plaintiff lacked standing to bring any cause of

action based on that conduct. Id.

Defendants further asserted Plaintiff’s complaint failed to conform to

law or rule of court for a number of reasons. See Prelim. Objs. at ¶2(a) – (i).

Chiefly, Defendants alleged, even assuming Plaintiff’s complaint is an attempt to

lodge a will contest, Plaintiff’s action is improper. Prelim. Objs. at ¶2(a). Rather,

the correct action would be the filing of a caveat or an appeal from probate. Id.

Such actions fall within the mandatory jurisdiction of the Orphans Court Division.

Id. To that end, Plaintiff’s complaint, which would affect the interests of the nine

charitable beneficiaries named in Frank J. Young’s will, failed to provide notice to

the Attorney General as required by Pa. O.C.R. 5.5. Prelim. Objs. at ¶2(i).

Defendants also alleged Plaintiff’s complaint: contained scandalous

and impertinent matter, lacked sufficient specificity to determine what cognizable

cause of action was alleged, and purported to sue “The Estate of Frank J. Young

and Norma Young,” a legal entity that does not exist. Prelim. Objs. at ¶¶3, 4, 5.

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Because this case may affect the rights of charitable beneficiaries, the

Attorney General entered an appearance as parens patriae (public guardian), and

joined in Defendants’ preliminary objections. The Attorney General is an

indispensable party in every proceeding which affects a charitable trust. In re

Voegtly’s Estate, 151 A.2d 593 (Pa. 1959); In re Milton Hershey Sch. Trust, 807

A.2d 324 (Pa. Cmwlth. 2002) (en banc).

The same day, Plaintiff filed a one-page response to Defendants’

preliminary objections.

F. Trial Court Orders

On March 2, 2015, the trial court held oral argument on Defendants’

preliminary objections. Plaintiff failed to either appear or submit a brief. Two

days later, the trial court issued an order sustaining Defendants’ preliminary

objections and dismissing Plaintiff’s complaint. In its order, the court stated

1. Defendants’ first preliminary objection in the nature of

a demurrer is GRANTED. The allegations in Plaintiff’s

Complaint are legally insufficient as Pennsylvania Law

does not support the causes of action(s) raised therein,

nor does the Plaintiff set forth facts sufficient to plead a

cognizable cause of action. As such, Plaintiff’s

Complaint is DISMISSED.

2. The other preliminary objections raised by Defendants

are DISMISSED as moot since the Plaintiff’s Complaint

is being dismissed, as set forth above.

Tr. Ct. Order, 3/4/15.

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In response, Plaintiff filed a motion for reconsideration and a request

to file an amended complaint. On March 13, 2015, the trial court issued an order

denying Plaintiff’s motion for reconsideration. Plaintiff appealed.

II. Discussion

A. Argument

Plaintiff raises the following issues in his Statement of Questions:

Was it proper for the Court to dismiss Plaintiff[’s]

complaint without:

a. affording [Plaintiff an] opportunity to repair

pleadings.

b. Plaintiff [an] opportunity to oppose [Charities’]

petition to intervene.

c. Notice to Plaintiff of instruction of local rules of

procedure advising Plaintiff of a prerequisite

briefing schedule before the preliminary objection

hearing.

d. Certifying or guaranteeing delivery of notice of

a hearing schedule to argue against Defendants[’]

Preliminary Objections which prejudicial [sic] pro

se Plaintiff Young who received rural mail notice 7

days after hearing was already held.

e. Allowing opportunity to amend [the] complaint

and to provide pro se litigant instruction therein[.]

Appellant’s Br. at 6.

Essentially, Plaintiff argues he suffered “mental, emotional pain,

anguish and loss of economic support, cooperation, aid and companionship thru

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[sic] damaging interference in his relationship with his aunt and uncle.”

Appellant’s Br. at 8 (Summary of Argument). Plaintiff asserts these injuries

“resulted from the action of the person or parties responsible for directing the

administration” of his aunt’s and uncle’s estates. Id. However, without pre-

complaint discovery, Plaintiff cannot name the parties responsible. Nevertheless

he asserts they include: “(estate administrator, legal council [sic], health care

providers, etc.)” Id. However, Plaintiff believes he can obtain the necessary

information regarding the “persons/parties accountable … via application of

discovery subpoenas ….” Id.

Plaintiff further asserts the trial court improperly denied him an

opportunity to argue against Charities’ petition to intervene. Appellant’s Br. at 8

(Summary of Argument). In addition, Plaintiff argues he did not receive timely

notice of oral argument on the preliminary objections and certain filing

requirements, including the need to file an answer and a brief. Id.

Consequently, Plaintiff requests that we “find in favor of [his] timely

answer” to Charities’ petition to intervene. Appellant’s Br. at 15. Plaintiff also

seeks a remand with directions to the trial court to instruct him on the “repair of

pleadings previously denied” and provide him with time to “repair pleadings

accordingly.” Appellant’s Br. at 15. Plaintiff requests that we direct the trial court

on remand to allow discovery deemed necessary to repair of Plaintiff’s complaint.

Id. Plaintiff asserts this would include:

1. subpoena of Youngs[’] financial records of years 2012

thru [sic] 2015

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2. subpoena[s] of [Executor’s]/estate administrator

records of Youngs[’] health and fiscal care without

regard to Attorney/Client privilege 2012 thru [sic] 2015.

3. subpoena of information of health care providers and

medical records.

Appellant’s Br. at 15. Ultimately, Plaintiff requests that we instruct the trial court

to permit him to file an amended complaint.

B. Analysis

1. Denial of Reconsideration

Plaintiff’s notice of appeal states that he appealed from the trial

court’s March 13, 2015 order denying his motion for reconsideration of the trial

court’s earlier order granting Defendants’ preliminary objections and dismissing

his complaint. However, an order denying reconsideration of a final order is not an

appealable order. Edwards v. Bd. of Pardons, 970 A.2d 425 (Pa. 2008); Estate of

Merrick, 247 A.2d 786 (Pa. 1968).

Nonetheless, Plaintiff filed his notice of appeal on March 24, 2015,

less than 30 days after the trial court’s March 4, 2015 order sustaining Defendants’

preliminary objections. In addition, the trial court, in an opinion in support of its

order, and the parties, in their appellate briefs, address the merits of the order

sustaining preliminary objections. As such, we will review the merits of the trial

court’s order.

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2. Appellate Review

When reviewing a trial court’s order sustaining preliminary objections

in the nature of a demurrer, our standard of review is de novo and our scope of

review is plenary. Seeton v. Adams, 50 A.3d 268 (Pa. Cmwlth. 2012).

Preliminary objections may be sustained when, based on the facts pled, it is clear

that the plaintiff will be unable to establish a right to relief. Id. All well-pled

material facts alleged in the complaint, and the inferences fairly deducible

therefrom, must be accepted as true. Id. However, conclusions of law,

argumentative allegations, expressions of opinion and unwarranted inferences need

not be accepted. Id.

3. Failure to State a Cognizable Claim

Plaintiff’s complaint alleges a cause of action against Defendants for

“loss of consortium and the los[s] of support, cooperation, aid, companionship and

loving interactive relationship critical in the last days of Frank and Normas [sic]

life.” Compl. at ¶1. More specifically, Plaintiff, as a concerned nephew, seeks a

monetary award from his aunt’s and uncle’s estates to compensate him for the loss

of support and companionship that resulted from mistreatment of his aunt and

uncle by third parties.

As we noted in Battisti v. Tax Claim Bureau of Beaver County, 76

A.3d 111, 115 (Pa. Cmwlth. 2013), there are three types of civil actions governed

by the Pennsylvania Rules of Civil Procedure: (1) an assumpsit or contract action;

(2) a trespass or tort action; and, (3) an equity action. Pa. R.C.P. No. 1001(b).

Because Plaintiff seeks monetary damages, his action is not one in equity. Because

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Plaintiff does not assert or imply a contractual relationship with his aunt or uncle

or their respective estates, his action does not sound in contract. Rather, Plaintiff’s

claim for loss of support and companionship must be considered a tort action for

loss of consortium.

In Steiner by Steiner v. Bell Telephone Co. of Pennsylvania, 517 A.2d

1348 (Pa. Super. 1986), the Superior Court declined to recognize a cause of action

on behalf of children for loss of parental consortium based on negligently inflicted

injuries to a parent. The Court recognized “that parental consortium included love,

companionship, affection, society, comfort, services and solace.” Id. at 1350

(citing Hay v. Med. Ctr. Hosp. of Vermont, 496 A.2d 939 (Vt. 1985)).

Nonetheless, Pennsylvania law does traditionally recognize a cause of

action for a spouse’s loss of consortium. Tucker v. Phila. Daily News, 848 A.2d

113, 127 (Pa. 2004) (citation omitted) (consortium defined as “the legal right of

one spouse to the company, affection, and assistance of and to sexual relations with

the other”). However, in Steiner, the Superior Court recognized that although

some of the same labels may be applied to elements of both the spousal and

parent/child relationships, the relationships are substantively different and are not

comparable. Id.

Ultimately, the Steiner Court reasoned, the establishment of a

parent/child cause of action for consortium is a policy determination for the

legislature. Id. Thus, the Superior Court concluded, “we do not recognize a

child’s cause of action for loss of parental consortium due to tortious interference

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of a third party.” Steiner, 517 A.2d at 1357 (emphasis added); see also Schroeder

v. Ear Nose & Throat Assocs. of Lehigh Valley, Inc., 557 A.2d 21 (Pa. Super.

1989) (parents cannot recover for loss of society and companionship of unborn

child; claims for loss of consortium limited to spouses).

In accord with Schroeder and Steiner, no cause of action exists for a

nephew’s loss of his aunt’s or uncle’s consortium based on their alleged

mistreatment by third parties. Therefore, because there is no legal authority

supporting Plaintiff’s claim in the present case for loss of his aunt’s and uncle’s

consortium, we observe no error or abuse of discretion in the trial court’s order

sustaining Defendants’ preliminary objections on the basis that Plaintiff’s

complaint failed to set forth facts sufficient to plead a cognizable cause of action.

4. Plaintiff’s Remaining Challenges

a. Pre-Complaint Discovery

Plaintiff argues the trial court erred in denying his motion for pre-

complaint discovery.

A trial court’s decision to grant or deny pre-trial discovery falls within

the trial court’s discretion. McNeil v. Jordan, 894 A.2d 1290 (Pa. 2006). In

exercising its discretion, a trial court must assess whether the plaintiff can establish

probable cause showing his requested discovery will materially advance a legally

sufficient pleading. Id. As discussed above, there is no legal authority supporting

a nephew’s cause of action for monetary damages for the loss of his aunt and

uncle’s consortium, companionship, or support based on the tortious acts of third

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parties. Schroeder; Steiner. Therefore, Plaintiff’s request for pre-complaint

discovery would not have aided him in establishing a cause of action for loss of

consortium. Id. Thus, we discern no abuse of discretion in the trial court’s denial

of his motion for pre-trial discovery. McNeil.

b. Intervention

Plaintiff also argues the trial court erred in granting Charities’ petition

to intervene without affording him an opportunity to present argument.

A trial court enjoys broad discretion in determining whether to grant a

petition to intervene. Twp. of Radnor v. Radnor Recreational, LLC, 859 A.2d 1

(Pa. Cmwlth. 2004). As discussed above, the Attorney General, acting as parens

patriae (public guardian), is an indispensable party in every proceeding that affects

a charitable trust. Because Charities were named as the beneficiaries of the bulk of

Frank J. Young’s Estate, they clearly had a direct and substantial interest in

Plaintiff’s action seeking a monetary award against Defendants. Voegtly’s Estate.

As such, we discern no abuse of discretion in the trial’s court’s order granting them

leave to intervene. Radnor Twp.

Nevertheless, Plaintiff argues the trial court erred in finding untimely

his response to the trial court’s rule returnable requiring that he file an answer by

February 13, 2015. Plaintiff asserts he obtained a U.S. Postal Service form 3817

indicating he mailed his response that day. R.R. at 5a.

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Plaintiff’s timeliness argument does not compel reversal. The trial

court’s order required that Plaintiff’s answer be received by the court’s

prothonotary by 4:30 p.m. on February 13, 2015. See Tr. Ct. Order, 1/23/15; C.R.

at Item No. 18. Plaintiff’s response was not stamped as received by the

prothonotary until March 3, 2015. R.R. at 4a. Moreover, regardless of the timing

of Plaintiff’s response, Charities had a direct and substantial interest in Plaintiff’s

action against Defendants. Such an interest permits intervention. Consequently,

the trial court did not abuse its discretion in granting Charities leave to intervene.

Radnor Twp.

c. Oral Argument on Preliminary Objections

Plaintiff asserts he did not receive notice of the scheduled oral

argument on the preliminary objections until seven days after the argument.

Plaintiff therefore argues the trial court improperly dismissed his complaint

without certifying or guaranteeing notice of argument on the preliminary

objections.

Any interested party may request oral argument on a motion. Pa.

R.C.P. No. 211. However, the right to argument under Rule 211 is a qualified right

subject to judicial discretion. Gerace v. Holmes Prot. of Phila., 516 A.2d 354 (Pa.

Super. 1986); City of Phila. v. Kenny, 369 A.2d 1343 (Pa. Cmwlth. 1977). In a

given case, the trial court may dispense with oral argument if it so desires and

dispose of the case on the record or on the briefs. Gerace (citing Kenny).

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Here, the trial court observed, Plaintiff’s presence at oral argument

would not have corrected the deficiencies in his complaint. See Tr. Ct.’s Pa. R.A.P

1925(a) Op., 4/28/15, at 5; C.R. at Item No. 8. The trial court noted Defendants

served Plaintiff with a praecipe for argument, dated January 30, 2015, requesting

that the preliminary objections be placed on the March 2015 argument list. See

C.R. at Items No. 20, 21. Therefore, the trial court reasoned Plaintiff, although

uncounseled, had an obligation to check the trial court’s March 2015 calendar

schedule, which is available to the public.

However, despite being served in mid-February with Defendants’

preliminary objections, supporting brief, and praecipe for argument, Plaintiff failed

to appear or file a responsive brief as required by Monroe County Rules of Civil

Procedure Nos. 1028(c)(2) (briefs required for preliminary objections) and 210

(form and filing of briefs).

Even assuming the trial court or prothonotary should have notified

Plaintiff that Defendants’ preliminary objections were placed on the March 2015

argument list as requested, we do not believe Plaintiff’s presence at oral argument

would have resulted in a different outcome. As discussed above, there is simply no

legal authority supporting Plaintiff’s claim for loss of his aunt’s and uncle’s

consortium or support. Schroeder; Steiner. Given the totality of the

circumstances, including Plaintiff’s failure to file written argument with the trial

court, we discern no prejudicial error in the trial court’s order sustaining

Defendants’ preliminary objections regardless of Plaintiff’s lack of participation in

oral argument. Gerace; Kenny.

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5. Pro Se Status

Finally, Plaintiff consistently asserts in his brief that as a pro se or

uncounseled litigant, he is entitled to instruction by the trial court as to how file to

a complaint that will survive preliminary objections and state a legally cognizable

claim. The trial court, however, bears no such responsibility. Although pleadings

filed by uncounseled or unrepresented litigants are to be construed liberally, “an

[uncounseled] litigant is not to be given any particular advantage because of his

lack of knowledge of the law.” Mueller v. Pa. State Police Headquarters, 532 A.2d

900, 902 (Pa. Cmwlth. 1987). In short, an uncounseled litigant cannot expect the

court to act as his attorney. Smathers v. Smathers, 670 A.2d 1159 (Pa. Super.

1996).

Regardless, there is no legal authority supporting Plaintiff’s claim for

loss of his aunt’s and uncle’s consortium or support. Schroeder; Steiner.

Consequently, Plaintiff’s complaint could not be amended to state a cognizable

consortium claim. Id.

III. Conclusion

Discerning no error or abuse of discretion in the trial court’s order

sustaining Defendants’ preliminary objections, we affirm.

ROBERT SIMPSON, Judge

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IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Scott T. Young, :

Appellant :

:

v. : No. 658 C.D. 2015

:

The Estate of Frank J. Young :

and Norma Young :

ORDER

AND NOW, this 12th day of April, 2016, for the reasons stated in the

foregoing opinion, the order of the Court of Common Pleas of Monroe County is

AFFIRMED.

ROBERT SIMPSON, Judge