Pennsylvania law requires that a
plaintiff bringing a malicious prosecution claim must demonstrate
each of the following:
(1) the defendant initiated criminal proceedings;
(2) the criminal proceedings ended in Plaintiffs’
favor;
(3) the proceedings were initiated without probable
cause; and
(4) the defendant acted maliciously or for a purpose
other than bringing the plaintiff to justice.
Bradley v. General Accident Ins., 778 A.2d 707, 710 (Pa. Super.
2001).
In order to state a claim for abuse of process, a plaintiff must demonstrate that the defendant: (1) used a legal process against the plaintiff, (2) primarily to accomplish a purpose for which the process was not designated, and (3) harm has been caused to the plaintiff. Douris, 229 F.Supp.2d at 404.
