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JOSEPH DEANGELO v. RONALD G. FORTNEY (09/23/86)

filed: September 23, 1986.

JOSEPH DEANGELO, APPELLANT,
v.
RONALD G. FORTNEY, APPELLEE



Appeal from Order of the Court of Common Pleas, Civil Division, of Huntingdon County, No. 85-688.

COUNSEL

Charles A. Bierbach, Huntingdon, for appellant.

Lawrence L. Newton, Huntingdon, for appellee.

Wieand, Beck and Watkins, JJ.

Author: Wieand

[ 357 Pa. Super. Page 128]

Joseph DeAngelo was solicited for business purposes by two home improvement companies in February and March, 1985. The solicitation occurred after DeAngelo's name,

[ 357 Pa. Super. Page 129]

    address and telephone number had been supplied by Ronald G. Fortney in response to information cards distributed by the home improvement contractors. DeAngelo filed a civil complaint against Fortney, alleging causes of action in separate counts for harassment and invasion of privacy. The trial court sustained preliminary objections in the nature of a demurrer and entered judgment for Fortney on both causes of action. DeAngelo appealed. We affirm.

"Upon demurrer, a reviewing court must regard as true all well pleaded facts and reasonable inferences deducible therefrom." Klein v. Raysinger, 504 Pa. 141, 144, 470 A.2d 507, 508 (1983). Conclusions of law, however, do not bind a reviewing court. Cunningham v. Prudential Property and Casualty Insurance Co., 340 Pa. Super. 130, 133, 489 A.2d 875, 877 (1985). It is in this light that we examine the complaint to determine whether it sets forth a cause of action which, if proved, would entitle the plaintiff to the relief sought. Id. If the complaint fails to set forth a cause of action, a preliminary objection in the nature of a demurrer is properly sustained. Id.; Rubin v. Hamot Medical Center, 329 Pa. Super. 439, 441, 478 A.2d 869, 870 (1984).

Appellant alleged in his complaint that Solarshield, Inc. called him by telephone in early February, 1985, to ask whether he wanted to arrange an appointment regarding kitchen repairs. Approximately one month later, appellant received a letter from the Gunton Company, which advertised window and door replacements and solicited appellant's business. When appellant asked why contractors had contacted him, he was told that cards, requesting that the contractors get in touch with him, had been filled out in his name at displays maintained by the contractors at a local shopping mall. These cards allegedly had been completed by Fortney.

[ 357 Pa. Super. Page 130]

It has been observed that the cause of action for invasion of privacy "'is not one tort, but a complex of four.'" Vogel v. W.T. Grant Co., 458 Pa. 124, 129 n. 9, 327 A.2d 133, 136 n. 9 (1974), quoting W. Prosser, Handbook of the Page 130} Law of Torts § 117, at 804 (4th ed. 1971). See also: Restatement (Second) of Torts § 652A; Prosser and Keeton on Torts § 117, at 851 (5th ed. 1984). These four consist of (1) intrusion upon seclusion; (2) appropriation of name or likeness; (3) publicity given to private life; and (4) publicity placing a person in ...


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