Catanese v. Scirica

Opinion by

Mr. Justice Cohen,

This is an appeal from an order of the Court of Common Pleas of Montgomery County sustaining appellee’s preliminary objections in the nature of a demurrer to appellant’s complaint and dismissing that complaint.

William Oatanese, appellant, filed the original complaint in this action on August 2, 1968 against Anthony Taormina and A. Benjamin Scirica, appellee, claiming damages for malicious abuse of process. On August 26, 1968 Scirica filed preliminary objections, and on October 1, 1968 Taormina did likewise. After argument before the court en banc, the following…