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Schneller v. Prospect Park Nursing & Rehabilitation Center

June 25, 2009

JAMES D. SCHNELLER, ET AL., PLAINTIFFS
v.
PROSPECT PARK NURSING & REHABILITATION CENTER, ET AL., DEFENDANTS



The opinion of the court was delivered by: Stengel, J.

MEMORANDUM

More than six years after the death of his elderly mother on March 31, 2002, James D. Schneller and allegedly four other plaintiffs*fn1 filed a pro se actionagainst several defendants*fn2 whom he claims are legally responsible. The genesis of the case appears to be medical and legal malpractice as a result of the allegedly negligent services rendered to Mr. Schneller's parents during the last few months of their lives. In fact, in the majority of paragraphs introducing the defendants, the plaintiff indicates that "this action is an action in professional liability and intentional tort against this defendant." See Compl. ¶¶ 4, 9-13. The only exceptions are in the paragraphs for his brother and sister. Id. ¶¶ 5-7.

The defendants have filed motions to dismiss. For the following reasons, I will grant these motions and dismiss this case.

I. BACKGROUND

In February 2004, Mr. Schneller began an action against these defendants in the Court of Common Pleas of the County of Delaware. The case was dismissed through entries of judgment non pros for failure to file Certificates of Merit as required by Rule 1042.3 of the Pennsylvania Rules of Civil Procedure. Schneller, et al. v. Prospect Park Nursing & Rehabilitation Center, et al., 2006 Pa. Dist. & Cnty. Dec. LEXIS 392 (2006). Mr. Schneller unsuccessfully attempted to re-open the case and/or strike the judgment of non pros. Id. He then appealed to the Pennsylvania Superior Court which affirmed without an opinion the entries of judgment. Schneller, et al. v. Prospect Park Nursing & Rehabilitation Center, et al., 945 A.2d 781 (Pa.Super. 2007). The Pennsylvania Supreme Court denied his petition for allowance of appeal. Schneller, et al. v. Prospect Park Nursing & Rehabilitation Center, et al., 2008 Pa. LEXIS 2398 (Pa. 2008).

The sixty (60) page complaint contains three-hundred seventy-three (373) paragraphs purporting to provide the basis of the plaintiff's thirty-two (32) claims:

Count 1A -- Violation of the Assisted Suicide Funding Restriction Act of 1997

Count 1B -- Civil Action for Deprivation of Rights

Count 1C -- Conspiracy to Interfere with Civil Rights -- Depriving Persons of Rights and Privileges

Count 1D -- Conspiracy to Interfere with Civil Rights -- Obstructing Justice and Intimidating Parties -- Battery

Count 1E -- Neglect to Prevent Deprivation of Rights and Conspiracy for Deprivation of Rights

Count 1F -- Failure to Warn

Count 2 -- Breach of Contract

Count 3 -- Breach of Contract

Count 4 -- Fraudulent Inducement of Contracts

Count 5 -- Breach of Confidential and Fiduciary Relationship

Count 6 -- Wrongful Death

Count 7 -- Survival

Count 8 -- Intentional Tort -- Abuse of Power of Attorney

Count 9 -- Intentional Tort -- Abuse of Advanced Health Directive

Count 10 -- Negligence Per Se (violation of numerous state and ...


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