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ROBERT BROZOVICH v. CIRCLE C GROUP HOMES (10/14/88)

decided: October 14, 1988.

ROBERT BROZOVICH, ARLENE BROZOVICH, APPELLANTS
v.
CIRCLE C GROUP HOMES, INC. ET AL., APPELLEES



Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of Robert Brozovich, Arlene Brozovich v. Circle C Group Homes, Inc., Reid Carpenter, Charles M. Faish, Jeffrey D. Sivek, Caroline S. Getchell, County of Allegheny Children and Youth Services, Peggy Kindler, Toni Marie Landino, No. GD 85-19282.

COUNSEL

Robert H. Kutz, for appellants.

Richard J. Mills, with him, Louis C. Long, and Gregory F. Buckley, Meyer, Darragh, Buckler, Bebenek & Eck, and James F. Israel, Israel & Wood, P.C., for appellees, Circle C Group Homes, Inc., Reid Carpenter, Charles M. Faish, Jeffrey D. Sivek and Caroline S. Getchell.

David M. Neuhart, Dickie, McCamey & Chilcote, P.C., with him, Robert A. Weinheimer, Murphy, Taylor & Adams, P.C., for appellees, County of Allegheny Children and Youth Services and Peggy Kindler.

Mark P. Cancilla, Child Advocacy, for appellee, Toni Marie Landino.

Judges Barry and Smith, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick. This decision was reached prior to the resignation of Judge MacPhail.

Author: Narick

[ 120 Pa. Commw. Page 418]

Robert and Arlene Brozovich (Appellants) have appealed from an order of the Court of Common Pleas of Allegheny County granting judgment on the pleadings with respect to all of the Appellees. Appellees are Circle C Group Homes, Inc. and four of its employees (Circle C Appellees), Children and Youth Services of Allegheny County and one of its employees (CYS Appellees) and Toni Marie Landino (Landino).

This suit arose as a result of Landino's allegations of child abuse against Appellants, who were her foster parents from March 13, 1983 to January 10, 1985. The

[ 120 Pa. Commw. Page 419]

Circle C Appellees filed a child abuse report under the Child Protective Services Law (Law)*fn1 with the CYS Appellees sometime after Landino had left the foster home. The suit alleged that all Appellees were involved in preparing a false child abuse report, not made in good faith as contemplated by the Law and that the intent of filing the report was to cause Appellants to lose their "right, capacity and license" to act as foster parents. Amended Complaint, para. 16. This appeal follows the trial court's grant of judgment on the pleadings in favor of all Appellees.

The appellate standard of review where a trial court has granted a motion for judgment on the pleadings has been summarized as follows:

'[A] motion [for judgment on the pleadings] is in the nature of a demurrer; all of the opposing party's well-pleaded allegations are viewed as true but only those facts specifically ...


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