concurring.
Although I concur in the result reached by the majority today, I believe the basis for the result can be found in our Rules of Civil Procedure. Our Rules of Civil Procedure provide the mechanism for discouraging the filing of frivolous lawsuits. Rule 1017 b(4) permits the Court to dismiss a complaint for failure to plead a cause of action. If after viewing the facts in a light most favorable to the non-moving party, the court determines a cause of action does not exist upon which a claimant can recover, then at that time the court has the duty to dismiss the lawsuit.
Thus, the Commonwealth Court’s action in sua sponte dismissing the appellant’s complaint was unwarranted. In view of the rationale I advocate in determining this appeal, it is not necessary to reach the constitutional issues addressed by the majority. However, as the majority holds, judicial economy must give way to free access to our courts. Therefore, the proper procedure should have been to permit the Commonwealth to file preliminary objections in accordance with our Rules of Civil Procedure, thereby giving the appellant the opportunity to establish the basis for his lawsuit. Because the Commonwealth Court usurped the procedure provided for by our Rules, I must concur in the result reached by the majority and reverse the decision of the -Commonwealth Court.
ROBERTS, C.J., joins in this concurring opinion.