J-A09016-22

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

EDITH K. HORAN, AS 

ADMINISTRATRIX FOR THE ESTATE 

OF PENNY D. RAFFA, DECEASED

v.

HCR MANORCARE, LLC, MANOR CARE 

OF KING OF PRUSSIA PA, LLC, 

D/B/A MANOR CARE HEALTH 

SERVICES-KING OF PRUSSIA; HCR 

MANOR CARE, INC.; HCR 

HEALTHCARE I, LLC; HCR 

HEALTHCARE II, LLC; HCR 

HEALTHCARE III, LLC; HCR 

HEALTHCARE IV, LLC; MANOR CARE 

HEALTH CARE SERVICES, INC.; 

MANOR CARE, INC.; HEALTH CARE 

AND RETIREMENT CORPORATION OF 

AMERICA; ROBERT L. FELICIANI, III, 

LLC; THE LAW OFFICE OF ROBERT L. 

FELICIANI, III, LLC; BRIAN SCOTT 

DIETRICH; LAW OFFICE OF BRIAN 

SCOTT DIETRICH, P.C.

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1107 EDA 2021

Appeal from the Order Entered April 30, 2021

In the Court of Common Pleas of Montgomery County Civil Division at 

No(s): 2013-22988

BEFORE: NICHOLS, J., SULLIVAN, J., and PELLEGRINI, J.*

CONCURRING MEMORANDUM BY PELLEGRINI, J.:FILED OCTOBER 11, 2022

While I join in with the majority’s well-reasoned memorandum and with 

its conclusion that Edith K. Horan, as the Administratrix for the Estate of Penny 

____________________________________________

* Retired Senior Judge assigned to the Superior Court.
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D. Raffa, Deceased, does not have standing to enjoin Attorneys’ Dietrich and 

Feliciani from practicing in areas involving guardianships and collection 

matters involving incapacitated individuals, I write separately because not 

only can the declaratory count not be maintained for lack of standing, barring 

attorneys from practicing, even in certain practice areas, is within the sole 

discretion of our Supreme Court. The sole method of bringing a complaint is 

to bring a complaint to the Disciplinary Board and any penalty, if any, would 

ultimately be imposed by our Supreme Court.

The trial court’s 1925(b) statement sets forth the allegations 

underpinning the Estate’s complaint regarding Dietrich and Feliciani’s conduct 

which is alleged as follows:

Before, during and after their conduct pertaining to Penny D. 

Raffa, Attorney Dietrich, the Dietrich Firm, Attorney Feliciani, the 

Feliciani Firm, and the Manor Care Corporate Defendants 

established a longstanding conspiracy, pattern, practice, habit and 

routine in which similar victimization and financial exploitation of 

incapacitated Pennsylvania nursing home residents would 

repeatedly occur, to wit:

a. Pennsylvania nursing home residents, who were allegedly 

incapacitated, would be appointed guardians who were recruited, 

chosen, specifically handpicked and nominated to a Pennsylvania 

court by Attorney Dietrich, the Dietrich Firm and their clients, 

including the Manor Care Corporate Defendants and other nursing 

home corporations operating in this Commonwealth;

b. Attorney Dietrich and the Dietrich Firm would then 

introduce the selected guardian to co-conspirator Attorney 

Feliciani and act to ensure that these guardians hired Attorney 

Feliciani and relied on him for legal representation for themselves 

and for the ward;
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c. Attorney Dietrich and the Dietrich Firm would then sue 

the incapacitated resident(s) for collection on behalf of the Manor 

Care Corporate Defendants or on behalf of another nursing home 

corporation;

d. Attorney Feliciani, in furtherance of the conspiracy, would 

purposely fail to oppose, answer, or file preliminary objections to 

the collection complaints;

e. A notice of default would be served on Attorney Feliciani 

by Attorney Dietrich and the Dietrich Firm;

f. Attorney Feliciani, in furtherance of the conspiracy, would 

purposely fail to oppose or otherwise plead in response to the 

notice of default;

g. Attorney Dietrich and the Dietrich Firm would then swiftly 

obtain a default judgment against the incapacitated nursing home 

resident on behalf of either the Manor Care Corporate Defendants 

or another nursing home corporation represented by Attorney 

Dietrich and the Dietrich Firm.

The trial court then goes on to note that Horan’s amended complaint 

sets forth eleven other cases in which Dietrich and Feliciani have engaged in 

similar practices. If these allegations can be made out or, for that matter,

just involving Raffa, the matter should be referred to appropriate authorities 

to take action as to both HCR Manorcare’s collection practices as well as those 

who assist in carrying out the scheme.

Judges Nichols and Sullivan join this concurring memorandum.