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HomeMy WebLinkAbout07-4436COMMONWEALTH OF PENNSYLVANIA COU~2;tOF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. /1y_ ~.lLL~/_ in;~ NOTICE OF APPEAL _ ' Fill T/d~%7 Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. •~ /_ rvvw. uw ~ . nv. J rvHMt ur U.J. TRESS OF APPELLANT CITY ST 3s 7 ~~~ ~~ ~~ ,~' i~a~~ E OF JU GMENT IN THE CASE OFt( i>n (p~~~~• COQ D C ET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT Gv . oaao 196 -07 ~~ L~ This block will be signed ONLY when this notation is required under Pa. If appellant was Claim n (see Pa. .C.P .J. No. 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE F1LE0 within twenty SUPERSEDERS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature d Prothonotary a Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal ~- Name (Common Pleas No. )within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature o f or attorney or agent RULE: To , appellees) Name o/appallee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , 20 -'- -- -----''------- Signature of Prothonotary w Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OFJUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 C®19911 FIL9: T® SE FILE® iMIT9~ P9tOT9~l®Id®TA9iY A -~O ~~ ..... • "`t ~ ~~: ' - - Q om ~i -~~ I ~ ._ ` . `'- i - , L~ . =~ .. ~^ ..~ v x _ er' T o lanoj ' Nb'/1l,lSNN3d d0 Fllltf3MNpWWOO'; ..__ _ _ __. ;,:~, PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHfN TEN (i0} DAYS AFTER filing of the notice of appeal Check applicable boxes.} COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas No. ,upon the District Justice designated therein on (date of service} , 20 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name}_' `__ on 20 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ~ 20 _,_ Signature of arriant Signature of oHkial before whom arridavrt was made Titre of o~cial My commission expires on ,_ _ _ _ , _ _____ ._, ?~ ._,_. ~. AOPC 312A - 02 s.; COMMONWEtALTH OF PENNSYLVANIA 'CO~UI~'fY OF: CQM88RLA1QD Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CL81[811T, .77Et Address: 400 BRIDG$ ST OLDS T01iN8 COMMOI~B -SIIIT$ 3 1t18~P CIIl~BRLAIdD, PA Telephone: (717) 774-5989 17070 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rHOAMG, DAVID ~ 3507 SIMPSO~i F$BRY CAMP HILL.. PA 17011 L J VS. DEFENDANT: NAME and ADDRESS rBBY, JoH>~ .: ~ ~ 1993 HIIli~L AVg CAMP HILL, PA 17011 DAVID HOAHG l_ J 3507 SIMPSON FERRY Docket No.: CV-0000196-07 CAMP HILL, PA 17011 Date Filed: 5/15/07 THIS IS TO NOTIFY YOU THAT: EBY, JO8>si DEF 001 Judgment: DI811[I888n M/O PRE~7IIDIC8 (Date of Judgment) 6/x7/07 Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ Defendants are jointly and severally liable. Damages will be assessed on Date & Time ®This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease ~ 'Amount of Judgment $ . 00 Judgment Costs $ . 00 Interest on Judgment $ Attorney Fees $ . 00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS. ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. JUN 2 7 2007 Date I certify that this is a true and correct copy of the record of the p Date My commission expires first Monday of January, ° 2008 AOPC 315-06 DATE PRI]lITED: 6/27/07 11:40:00 AM ~_ ,Magisterial District Judge ings containing the judgment. 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L ~ ~ ~ ~ -~ ~ !y1 `~- ~ LL7 arm i '' . w~-e ~,.~ L ~ ~ aw-e Tom. ~~ d. ~ ~ U ~s~ ~~ ~ ~~~ ~ ._ -~ D l~l C~/1 ~ / c,rt~Z, ~ t W r }- LL• 7 ~~ L~? ~, V 9. J ~, `I~~Lt ( ti Via` ~~ ~~ F o ~' ~~~~ ~~ .~ ~ J ~, r ©.~ . ~~ v w o. ~~'7,, u ~ ,~j Q.G.` ~L~`~'iLG(/ '~/J'~ ;~ 7/t1 ~l1''-~~ - Y.~i _ K^ Elul ` 3io z`b j~`* S. w p~~-('¢-'~? GGu' _ ._ _ _ ._._.~_..... _...____ ~ ~ / ~~ ~ 1 T ~~Q~ ~~~ ~©O ~uS'f`t ~'} dwG ~'~ ~~ /tom- ~' ~' ~z..w~ c~ 7~`~~•`~ ~ ~ ~~ ~ ~~ ~ ~~ ~ ~~ ~ COMMONWEALTH OF P~PiiN~SYLVANIA ~nl IntTV nF• CUI~SRLANF3 Mag. Dist. No.: 09-1-01 MDJ Name: kon. c~ARLS s A . eLSY~fSI~T , ~ Address: 4 0 O BRIDGE ST OLDS TOWNS COMMONS -SNITS 3 NSW CIIMBSRLAND, PA 17070 Telephone: (717 ~ 7 7 4- 5 9 8 9. '~'~'Z 7r;~~ ~ ~~~.' ~~ v~v'~~I ;;~;J~~ ~2 ~ dv~2 ~rD~~ ~ , wl Z~r~~ C'cl~t'; C11~IL. COIUIPLAINT PLAINTIFF: NAME and ADDFIESS r ~ ~ ~1± ~i~~~7~('~~rl ~'[/~7 ~1~~ V~{'Gf/~.f~lii`i~'~~ vlj~ ~<~' PHONE `~i i1 !j ~7 OSS~FAX: J VS: DEFENDANT: NAME and ADDPESS r' -1 ~ j ut~~ {? ii ~~ cj~ 3 ~~~~~,~~~~(~ ;~'r-v Docket No.: CV- /g(~-07 Date Filed: Jr /S-O7 ,;r,,, ,r Pa.R.C.P.D.J. No. ~G6 sets forth those .costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for ~ ~ ~'ci~7 °" together with costs upon the following ciaim (Civil fines must inciude citation of the statute or ordinance violated): AMOUNT DATE PAID F1LfNG COSTS $ / / ~ POSTAGE $ ~ ~ SERV{CE CGSTS $ ~ ~ Cv^NSTAoL'c ED. $ ~ ~ TOTAL $ ~ °Z7' v y ~ I ((~. r _ ., 7 (?-r?1~'rr i7~i ~-tl''U~C~ . di~:(~tf`.~ ~va~Sfk~{f --ciL j,~-~?lrG~ ~r~ ~~ '~rC;Ec ~~°~,- lyu~ '-~~!?~o~t`' ~~~%a.S'~' t~c°' ~2~I j ~i.~.u "~~z ~~`L~ l~ v `t~, ~L~~ ~L~'~i ~~ ~~LL7. ;h )~ :i ~,t%1 ~ ~~,! 1 G ~it,,;2 t) ~EIII l.,t~ - _ /. ~ ~- ~t~z~ 1, ~~} ~'~ ~, ~A'lt~G verify that the facts set fiol-th in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsific tlo'n~o',author' ~ ` ~... .~ C_r~ `G ~~1-J l ~ ~~ (Signature of Plaintiff r Authorized A ent ~_ Plaintiff's Attorney: Telephone: !F YOU INTEND TO ENTER A DEFENSE TO THlS COMPLA4NT, YOU SHOULD NOTIFY THIS OFF{CE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR P.T THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim aaainst the plaintiff which is within magisterial district judge jurisdiction and which you intend to assent at the hearing: you must file it on a complaint form at this office at least five days before the date set for the hearing. if you are disabied and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. ,Address: cv°~ ~~ G'2t~~~~ AOPC '~nr~A-n~ © V G~ - J -~ ~„ ~~ Z` .., ~~ ' ' =~ t: ' ~ 7 i ftl ~ ~~ r ~. __. _ ~ ~ ` 3= C ~ lp Y ~' r .. -c Stf3`~d NOWWOO ~O J_iy170~ ~ .~ _ .. ~ .. ~., µ_ m.~ , . sx~.:; ~ ~ ~ , i M PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WfTHlN TEN {f 0J DAYS AFTER 1'rling of fhe notice of appeal. Check applicable boxes.) COMMONWEALTH OF PEIV,~VSYL~NIA COUNTY OF _ _~C~!+~'! .....~? t._ ... __....._ 'ss ~~" NT~~ I.:IVf ( Tp./'ry) AFFIDAVIT: 1 hereby (swear) (afFrm) that I served a copy of the Notice of Appeal, Common Pleas No. upon the Distri Justice designated therein on G7,t gl~,~`Q7 }1e ~ Vaud ,'~ (date of service) iQ (~ ~ , 20 0~-; ®` by personal service (~by (ce fled} (registered} mail, [z ~---~-- --- I g~ ~ a_~ o' 7 sender's receipt attached hereto, and upon the appellee, {name) / , on _ ~±lc , `~ , 20 ,~;~ T 7-~ ® by personal ser-vilce ®byJ(cert~e/d} (re istered} mail, sender's receiptt,~ttached hereto. '~ ~h~ E~J 0~1 U ~CQh'~ ul~ l ~~ ~ 7 VORN} AFFIRMED) AND SUBSCRIBED BEFO E IS DA~~_~~..~?. 2~ - 1~ __ Sr we ofafr~ant Srgnatwe of o al before whom affldavft was ma ''`^ ~ ~ ~ COMMONWEALTH Of ANIA Title of 'al RONAID A. MOROZ, Notary Public My com 96CQ,..CIJIC16!)~d. - . -. My Commission Expires Feb. 7, 2011 .~ .~ - a ti ru .. ..- -. a ~,.~ - ~ Postage $ ~ ~ Certified Fee ~`~`~~~ ~ ~ ~ Pfstmark ~ RetumReceipt.Fee (Endorsement Regwred) $?.1~ ,;flare y N ~ ~ O RestriotedDelivery.Fee ~Il,1)ft _w l_ p (Endorsement Regwred) Z ~ Total Postage & Fees AOPC 312A - 02 `~ O ntTo [~- -------------------------------------- Street Apt No.; --------------------- ----------------- orP08oxNo. ________ City, State, ZIP+4 :rr r C7 ~ a ~ a -n ~t 4~. Vx„ ~i F t _. - ~ i"t'1;..-. ~fTi `- C'.a ~_ i t~ ~ t ', • ~' ~y, ! r f~. ~ ~~ --~. ~ DAVID J. HOANG, Plaintiff JOHN EBY, v. Defendant TO: The Prothonotary IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA Docket No. 07-4436 CIVIL ACTION -LAW ENTRY OF APPEARANCE Please enter the appearance of James D. Young, Esquire, as counsel, on behalf of Defendant, John Eby. DATE: ~I j'~ a7 Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. By: es D. Youn , Esq re 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA53904 j young@laverylaw. com Atty for Defendant w CERTIFICATE OF SERVICE I, Janette R. Loudon, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 14th day of August, 2007 I served a true and correct copy of the foregoing Entry of Appearance via U.S. mail, first class, postage prepaid, addressed as follows: David T. Hoang 3507 Simpson Ferry Road Camp Hill, PA 17011 (', Ja ette R. Loudon, Leal Secretary to James D. Young c::~ ~ ~-- ~ ~ ' .l ~~ -~ ~; cry -.;~c. `tit<< r" _ ~:~ -~c __,_ --; ~~~ ~ -~ .... .~ a ~ ~ .~ ~- ~ • • -. u'i r1J ~ _~ O Posta e $ $fi, y'i ~ ~~ 9 ~~ Q~ +~ ~ , ~ .~ f, , ~ ~ G/ ~~ 1. ~ ~.~ i J Q Certified Fee tsi. fiS Q" _ 1, ~ i ~ C ~- =' - ~ Return Receipt Fee Po 9 C7 (Endorsement Required) '~tt,il ~4!1-I~ d Restricted Delivery Fee ~ a ~ ~ ~ D (Endorsement Required) ail, (III - ~-~~ ~ ~ 111Q- 4 ~.a i~: , " :~ , f ,~ i~ ~~ ~ G~; ,, i ~ 1 U-~ _ ~ ,~ IL i d , ~~, Total Posta e & Fees ~~S.l i , ik/(i Q eM To ~~ ~ D~ -.C~ ~ . CF _ . r~- Street, Apt. No.; n°-- - ^ -- °------ ------------ s C or PO Box No. ~~- J1 ~~~ l C J,;,J /,/~J- -- ~ i» ~.~ ~ ~ f>:~~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO PILE G~~N(Pl_AfNT {This proof of service MUST BE FILED WITHIN TEN {l0) DAYS AFTER filing of fha notice of ap~~aaG Chet :!< applicable boxes.) COMMONWEALTH OF PEN SYLV to COUNTY OF ~~,t~~~ J~~~ ~o ss --(~---- AFFIDAVIT: 1 hereby (swear) (affirm that tserved ///q/~~J . ~fl~ ~ t~o~ i'"~ ' ~M~'- /1 ' ~'~ ,,~ ~j ~.jsCU~~'A ~~ 6.1-C: ~ ACA 9Ll/1~~ ~' a copy of the Notice of Appeal, Common Pleas. No. ,upon the~Distrtrt,,~t sttce ~esigrf'ated therein on Lr~~ ^0 G~ur.B~a9N L (dafe of service) , 20 ©~ ~ by personal service ~i ~'b~~ (ce~~,f>E~ y) {registerec} mail /~ Vii, ~.~~ sander's receipt attached and upon the appellee, (name) ~/' ~~~~ "'LEy !t 7 , on U ^,'~ _ __ _ ~~ ~~. ~ , 20 {; .~- ~] by personal service ®.by.~ce+tified) f~, istered) mail. ~e,T~p/rte, sender's receip~ttached hereto E~J 0~1 t/ ~4~'d?'1 ~~~ g~~ ~ ~ 2f~Z~ 7. _, ~ (SWORN) AFFIRMED) AND SUBSCRIBED SEFO E ~~,/ ~;..~. ~ ~- THIS D , 20 ~~z e~ ~.._ . Slgvtsttw's of beltxe whom afRdevR was ''~~ RvNAi~ w. iiilrz, Mary Public My com ~. ; _ My Commission Expires Feb. 7, ZOII ,~ f• Imo-- `~ ~" 0 ~~ a- /~ e ~ ~ 2 u^~ ~ //~~ ~ ~U ~ - U ~~ ~ SOX G~ AOPC 312A - 02 ~/Y ~~ v _ ~~~~a, C") r-3 ~ Q -s1 ~~ ..xZ , ~ -: a ! F ' 3 ~~ ty_ ~"' ~.:r .. ~y -mil: ~~~ ~'~ ~~ is~z~o ~. ~t _~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CivilAction--Law v. Defendant Docket No. ~ D 7 , ~ JTJR'Y TRIAL DEMANDED COMPLAINT ~iC~~ AND NOW, comes the Plaintiff, ' ~GtiUi ~ ~~ G~ ~- .~ ~ ~ i U ~ ~~ P ~' ~~--~, ~ . J ~~ ~ ~ ~ w~`il~ ~f"" ° U ~' ~ ~ ~ ~ ~ t Gi Gt/) d W, ~ ~ t ~~~~ ~~ Plaintiff V v. ~~~ ~~ Defender is IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO;'d~.;::~~~~IVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249 ~ l 66 ~ 1. John Eby lied under oath at a Commissioner's hearing. 2. John Eby trespassed on the Ho ng p operty in r, 2007 (I believe this should say ~~~~~~- 2006) . 3. John Eby unlawfully shut down a yard sale at the property in November 2007 (I believe this should say November, 2006). 4. John Eby gave the Hoang's "illegal advice" regarding a landlord/tenant dispute. 5. John Eby contacted private inspectors who had been engaged to inspect the Hoang property and "harassed" them in order to prevent the inspection. 6. John Eby has discriminated against the Hoangs. ~' ~ ., _w__ ~g _._ - _ _-_,, ~ ~ ____ _ _ - -- -~ ~ ~ , . ~ ~ .. 2 _~o ~r ~. ~~ . ~ .2~ `to ~r ~% c. ~,e~ %~? _ _ as c /~pD ~ ~ j _. ~~~ ~~ ~ __.1., __ _______.. - _ _. _ m n ~~ e_ ~ laai u ~ cf ors , ~ ~u~ ~. o~ ~-- ,~'~1, r ~ to ~ ~~ m .lit../cc~ ~ ©Y/ 6C ~ /02 0 0 '~ . /~~Z ~ r~ ~r.~j~ Q~ b yl ~ ~~ 1~(! 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G~ ~ ~ ~z©o -_.__-- _ ___-- -- _ __ n_ _ _ _____~__--_ __ -- ---- __ . _ ~ . _ _ _ _ _ _ _ _. _ _ _ __ _ - - -- -- ___ _y1~[71c_%r~_ -__- __ . ~~2_. _ __~ _1`~ ~ 1 ~ ~r~. hu' ..~~J ~u ~.~do ~ __ _ _ t ~ ~ ~ r~f- -__ ` ~ ~ s,~-c w~ /~ 1~ ~~.~ _ __~ /~ .~,~~ (/ JG .~~/ ~s~3 . ,~.. ._.-- ~_ ~: ~. _...- - CQM~ IWEALTN 01: PENNSYLVANIA .. ~ ~ NorARIAI_ sEA~ _- -- - RUAl1LD~ A. MOROZ, Notary PubNc _ 8oro, Cwr~berland County . ---~T T~ Mary'!`hien Huang Windsor Plaza 1054 N. Taylor StztCt, #101 Arlington, Virginia 22201 {71T1 856-6390 _. 3~~ ~, 2 Mr. Thomas G. Y~rnau, Jr. Lower Township Commissioners i.ower Alien Township 1993 Hummel /tvenue Camp Hlli, PA 17011 $g: 3503 Simpson Feat' Road, Camp Hill, PA 17011 Dean 3~iz. Vetuau and Township Commissioners: This letter is to confiun a meeting that I had with Mr. john Eby from Lower Allen Township back in September 200G. I believe the enact date of the meeting was Friday, September 8, 2006, around 9:30 AM. I met Mr. Eby at the listed premises above. The meeting lasted approximate,. • ~ and we taet in front of the property where the ores pool was located. 1~ioxeover, du Rt meeting ale went to the basement of the property and discussed a pipe replacement. At the end of the meeting Mr. Eby walked over to another praperty, 350; Simpson Ferry Road, to do a visual of the premises over there. If there are any questions and or concerns, please da nat hesitate to contact me. Sincerely p, Thien ~._.a ~''-'fix r. -_ ~____~~.. ~ r`~ ry Ptfu:i~. ___. ~~ I Judge vs Parker McCay Glen Judge _ 05/25/07 14 (Pages 50 to 53) 1 KATHY. MIlVNICH, having been duly 2 sworn by Gwen A. Leary, Notary Public, was 3 examined and testified as follows: 4 5 EXAMINATION BY MlZ STEWART: 6 Q What b year aaaueT 7 A Kathy Mrnnich. 8 Q What is year Ms. ? 9 A 3505 Silr~son Ferry 10 Q So y~ pore beside tote property io i l gaestioa? 12 A Yes. 13 Q Aad you were preaeat this past year 14 whes< there were problems there ~vidl the syaleanT 15 A Yes. 16 Q Aad you knew the oecapaets of the 17 properiys 18 A I did. 19 Q C'oald you describe [or the Board the 2 0 aaa~ber of people sad the Iciad of activities that 21 wa~e Soiag et over there? 2 2 A well, there were three adults ~d 2 3 two children living there full time. And they 2 4 had fantily that lived all over the country and 2 5 re¢ltlair arrests. sometimes 25 to 30 people on Page SO Page 52 1 behalf because of that language barrier. And my 2 observation is that too much has gone on, too 3 long. They have spent thousands and thousands of 4 dollars attempting to make corrections that 5 obviously are riot satisfactory; and yet Mr. Eby -6 e, from,what I understood in his ~".Oily' I~~ . 9 is explaining with regard to the malfunction; and 10 not being able to know until you dig up 15 or 20 11 feet you, how big, how far. But has the soil 12 been tested in that area? 13 I have a lot of questions. There 14 are a lot of questions. And my corlcem for them 15 is that no one from the Township has been there 16 more than maybe an hour in a year and has not 17 been inspected regularly- 18 - I know it was backing up; but if the 19 tenants call and say it is backing up to their 2 0 ankles, then someone should be there to check to 21 make-sure it is backing up to their ankles. It 2 2 was backing up, but I never saw anything more 2 3 than some wetness around the floor.. 2 4 So I just - my feeling is that, in 2 5 this particular situation, thousands of dollars 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S Page 51 weekends there wouldn't just come for the day, but would stay throughout the weekend and sometimes during the week So there was always a lot of people; not just five people, but other people's kids and just a lot of people. Q Aad lLia occurred with some n~nbrHyT A Regularly. Q Aoy oti~ec observations you hsrve shoot iris shtntbnT A Actually I would prefer, if you could direQ questions to me? I have a lot of opinions and observations about it; but I think an observation I have is that I think, most importantly, is that you have a family who has invested several hundred thousands into your community to perhaps in the future bring business into the community. And this is also a family that, at times, there has been some lame barriY and difficulty in understanding some of the things that need to be done. And I am there. I communicate sometimes with some of the plumbing .people that come-on Nancv's behalf and David's Leary Reporting Mechanicsburg, PA ~~ Page 53 1 later on both the County and the Township's 2 behalf and on their behalf, someone should have 3 been out there and gaping to 4 ratherlhan aye~r gone by sts31 where you 5 were a year ago. 6 MR. STEWART: ThaCs all I have. 8 EXAMINATION BY MR SHATTO: 9 Q Mrs. M~aich, I f ast west to ask you l 0 a gaestioti. Ysa said there ~rere tl~ea whoa 25 to 11 3ti people were vbifiag fife properly? 12 A Staying there. 13 Q S'tayhl= overnighn 14 A Yes. 15 Q ?S or 39 peopleT 16 A Yes. They got married. They had a 17 wedding and got married and, literally, there 18 were 30 people staying there. 19 Q Yoa mcatioaed this happcaed -were 2 0 there 25 to 30 people regularly or was that jest 21 oa a rare ocaaion? 22 A Regularly. "there were 10, I5, 20, 2 3 30, 35. I mean, there were times that there were 2 4 ten cars in the driveway. If you multiply ten 2 S times four, you. can do the math. These people ~~ (717) 233-2660 Fax (717) 691-7768 ~~ VERIFICATION I, _ ~ ~ (/ j ~ _ ~-p~G _ verify that the statements made in this_ ,.: - -. - Compla.int are true and correct to the best of my knowledge, information and belief I understand .. that false statements herein are made subject to the penalties of 18 Pa.C.S. § .4904, relating o . . unsworn falsification.to.authorities. -.... . - ~~ - OC~vd 7 - Ht7FtN~' DA ~ - - 3507 STMPSflN FERRY RD Da SCAMP N-TILL PA i7Ciit-6406 tiJMMONWEALTH OF PENNSYLVANIA COUNTY OF: CU1~xstT.nw~ rte. Oist. No. 09-1-01 MW Name: lion. t'_Fin72T.R$ A. ~-'R1VrTZ7~'1', a'T8 "adn~: 4 0 0 BRIDGE ST OLDS ~ Oli~3TE COI~OIr S - SIIT_TS 3 Ngy~ ~~T.nxm, PA 17070 -rel~lmne: {7171 7 7 4- 5 9 8 9_ AMOUNT DATE PAID FIUNG COSTS $ .l ~ POSTAGE $ 1 I SERVICE COSTS $ / / CONSTABLE ED. $ I / TOTAL S / / CIVIL COMPLAINT ~~~: NAME and nooaess ~ d ~#11Ji~j -f-r-Df~ ~- ,vJectic~ ~ ~~ L ~ J VS: DEFENbANT: N.v~aE and aooaESs ~ // f ~ ~~ oF'~ {'1 t l'J~ - 1 ~9 3 n~~ ~u~ - L ~~ . ~ ~ X11' l70~ J J Docket No.: Date Flled: - Pa.R.C.P.D.J. No. 2G6 sets forth those -costs recoverable by the prevailing party. , S ~dp "~~ TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ ~ 500 °i~ together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): ~l 2 ~O~ ~l ~~ iD ~ N'~P/1 ~~'Q/L oc/ut ' ~~ _ /c +,/ ~~- ~ cYd ai `ce otM `7 ~ ~ ~ ~ ~t~ r ~ u ~~i `_"~ pw1 /~~ ~~ ~ I ~uZ %~ Cove Z~ - ~t~ ~'. ~~`^ ~ ?rr, s, 6~ U ~ f?> ~: ~~ I, _ ~4t~~1J ~~~lr verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to-the penal#es of Section 4904 of the Climes Code (18 PA. C_S. § 49{l4-) related to unswom fals~fi utho 1zc~ {Signature of Plaintiff r Authorized A nt Plainti#Ps Attorney: Address: Telephone: 1F YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTIFY THiS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT-MAYBE ENTERED AGAINST YOU BY DEFAULT. If you have a claim aaainst the plain#iff which is within magisterial distric# judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before .the date set for the hearing. If you-are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation_ AOPC: Rr1AO_ns "`' ~.~.3 <~ -- - ~:y -„ .~ i;l-:._ ,l? ~ C'-1 ~ "1', _."' ' ~ a --C 4~ Lavery, Faherty, Young & Patterson, P.C. By: James D. Young, Esquire ID# 53904 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: jyoung@laverylaw.com DAVID J. HOANG, Plaintiff v. JOHN EBY, Defendant Attorneys for Defendant John Eby IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA Docket No. 07-4436 CIVIL ACTION -LAW NOTICE TO PLEAD To: David Hoang 3507 Simpson Ferry Road Camp Hill, PA 17011 You are to respond to the Preliminary Objections within twenty (20) days from service or a judgment maybe entered against you. Date: C(~Z~I~ Lavery, Faherty, Young & Patterson, P.C. By: es D. You uire Attorney for D fendant, John Eby Lavery, Faherty, Young & Patterson, P.C. By: James D. Young, Esquire ID# 53904 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: jyoung@laverylaw.com Attorneys for Defendant John Eby DAVID J. HOANG, Plaintiff v. JOHN EBY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA Docket No. 07-4436 CIVIL ACTION -LAW Defendant's PreliminarX Objections to Plaintiff's Complaint Pursuant Rule 1028(x)(1), Rule 1028(x)(2), Rule 10280(4), Pennsylvania Rules of Civil Procedure. AND NOW, comes Defendant, John Eby, by and through his attorneys, Lavery, Faherty, Young & Patterson, P.C. and files these Preliminary Objections to Plaintiff's Complaint pursuant to Rule 1028(x)(1), Rule 1028(x)(2) and Rule 1028(x)(4), Pennsylvania Rules of Civil Procedure and avers as follows: 1. Plaintiff, David Hoang, initiated this civil action by filing a Complaint with Magisterial District Justice Charles Clement on May 15, 2007. 2. Plaintiff's Magisterial District Justice's Complaint arose out of Defendant, John Eby's actions as Sewage Enforcement Officer for Lower Allen Township. 3. On June 27, 2007, Magisterial District Justice Clement issued a Judgment in favor of Defendant John Eby, and against Plaintiff. 4. On July 26, 2007, Plaintiff filed a Notice of Appeal from Magisterial District Justice Clement's judgment in favor of Defendant. 5. On or about August 7, 2007, Plaintiff filed a civil Complaint against Defendant Eby. A true and correct of Plaintiff's Complaint is attached hereto, and is marked as Exhibit "A". 6. Plaintiff's Complaint purports to assert six (6) counts against Defendant, including lying under oath (Count I); illegal trespassing and inspection (Count II); "harassment and overpower' (Count III); illegal advise (Count IV); harassment of witnesses/obstruction of justice (Count V) and discrimination or making a new law (Count VI). Preliminary Objections Pursuant to Rule 1028(a)(1) Pennsylvania Rules of Civil Procedure - -Improper Service 7. Defendant incorporates by reference the averments of paragraphs 1 through 6 of his Preliminary Objections as if fully set forth at length herein. 8. Rule 440(a)(1)(i) and (ii), Pennsylvania Rules of Civil Procedure, governs service of legal papers other than original process and requires that all legal papers shall be served upon every other party to the action and/ or the party's attorney of record. 2 9. Undersigned defense counsel was attorney of record for Defendant Eby in the proceeding before Magisterial District Judge Clement and has entered his appearance on Plaintiff's appeal to this Honorable Court. 10. Plaintiff failed to serve a copy of his Compliant upon Defendant Eby and/or undersigned defense counsel. 11. Plaintiff has failed to comply with the requirements of the Pennsylvania Rules of Civil Procedure regarding service of legal papers other than original process. WHEREFORE, Defendant, John Eby respectfully request this Honorable Court grant his Preliminary Objections pursuant to Rule 1028(a)(1), Pennsylvania Rules of Civil Procedure, and dismiss Plaintiff's Complaint for improper service of process. Preliminary Objections Pursuant to Rule 1028(a)(2) Pennsylvania Rules of Civil Procedure - -Failure to Conform to Rules of Court 12. Defendant incorporates by reference the averments of paragraphs 1 through 11 of his Preliminary Objections as if fully set forth at length herein. 13. Rule 1028(a)(2), Pennsylvania Rules of Civil Procedure, provides for the filing of Preliminary Objections for failure of a pleading to conform to law or rule of court. 14. Pursuant to Rule 1018(1), Pennsylvania Rules of Civil Procedure, every Complaint filed by a plaintiff..."shall begin with a Notice to Defend in substantially the form set forth in Subdivision (b)." 3 15. Plaintiff's Complaint does not comply with the requirements of Rule 1018(1), Pennsylvania Rules of Civil Procedure, in that it does not contain a notice to defend. 16. Rule 1019(a), Pennsylvania Rules of Civil Procedure, requires that "the material facts on which a cause of action or defense is based shall be stated in a concise and summary form." 17. Plaintiff's Complaint fails to plead the material facts upon which his claims and/or causes of action are purportedly based, and therefore, fails to comport with the requirements of Rule 1019(a), Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant, John Eby respectfully request this Honorable Court grant his Preliminary Objections Pursuant to Rule 1028(a)(2), Pennsylvania Rules of Civil Procedure and strike Plaintiff's Complaint for failure to comply with the Rules of Court. Preliminary Objections Pursuant to Rule 1028(a)(4) Pennsylvania Rules of Civil Procedure - - Demurrer/legal Insufficiency of a Pleading 18. Defendant incorporates by reference the averments of paragraphs 1 through 17 of his Preliminary Objections as if fully set forth at length herein. 19. Rule 1028(a)(4), Pennsylvania Rules of Civil Procedure, authorizes that the Defendant to file Preliminary Objections asserting the legal insufficiency of a pleading. 20. Rule 1019(a), Pennsylvania Rules of Civil Procedure, requires that the material facts in which a cause of action or defense is based shall be stated in a concise and summary form. 4 21. Plaintiff's Complaint fails to allege the material facts upon which Plaintiff's claims and/ or causes of action are based. 22. Count I of Plaintiff's Complaint fails to state any claim or cause of action for lying under oath upon which relief can be granted. 23. Count II of the Complaint fails to allege any claims or causes of action for illegal trespassing and inspection upon which relief can be granted. 24. Count III of Plaintiff's Complaint fails to allege any material facts establishing a claim or cause of action for harassment and overpowering upon which relief can be granted. 25. Count IV of the Complaint fails to allege any material facts establishing a cognizable claim for illegal advice upon which relief can be granted. 26. Count V of the Complaint fails to allege any claim or cause of action for obstruction of justice/harassment of witnesses upon which relief can be granted. 27. Count VI of Plaintiff's Complaint fails to allege any material facts establishing a cognizable claim for discrimination or the making of a new wall. 28. Plaintiff's claims are barred and/or limited by the immunity afforded by the Political Subdivision Tort Claims Act, 42 Pa. C.S. §8541, et. seq. and application of that immunity is apparent from the face of Plaintiff's Complaint. WHEREFORE, Defendant respectfully requests this Honorable Court grant his Preliminary Objections in the nature of a demurrer and dismiss Plaintiff's Complaint with prejudice for failure to state any claims or causes of action upon which relief can be granted. 5 Respectfully submitted, DATE: q ZgI~dO Lavery, Faherty, Young & Patterson, P.C. By: Ja es D. Youn Esquire 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA53904 jyoungQlaverylaw.com Attys for Defendant Eby 6 ATTORNEY VERIFICATION James D. Young, Esquire, hereby states that he is counsel for Defendant John Eby, and that the statements made in the foregoing Preliminary Objections Pursuant to Rule 1028(a)(1) regarding lack of proper service of process are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: ~~L&I~~~ jame~D. Young, ire Attorneys for Def dant 7 CERTIFICATE OF SERVICE I, Megan L. Renno, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 28~ day of September, 2007, I served a true and correct copy of the foregoing Preliminary Objections via U.S. First Class mail, postage prepaid, addressed as follows: David Hoang 3507 Simpson Ferry Road Camp HiII, PA 17011 Renno " ~etary to James D. Young, Esquire 8 h3 4'_ (~ `...I (__? "~ 7 ~,~ __ .:.7 _.~_ ~. ` - ~_, c_ ~ f - ~~ [ ` t Lavery, Faherty, Young & Patterson, P.C. By: James D. Young, Esquire ID# 53904 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: jyoung@laverylaw.com DAVID J. HOANG, Plaintiff v. JOHN EBY, Defendant Attorneys for Defendant John Eby IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA Docket No. 07-4436 CIVIL ACTION -LAW Defendant's Prelimin Objections to Plaintiff's Amended Com Taint Pursuant to Rule 1028(a)(2) and Rule 1028(a)(4), Pennsylvania Rules of Civil Procedure AND NOW, comes Defendant, John Eby, by and through his attorneys, Lavery, Faherty, Young & Patterson, P.C. and files these Preliminary Objections to Plaintiff's Amended Complaint pursuant to Rule 1028(a}(2) and Rule 1028(a}(4), Pennsylvania Rules of Civil Procedure and avers as follows: 1. Plaintiff, David Hoang, initiated this civil action by filing a Complaint with Magisterial District Justice Charles Clement on May 15, 2007. 2. Plaintiff's Magisterial District Justice's Complaint arose out of Defendant, John Eby's actions as Sewage Enforcement Officer for Lower Allen Township. 3. On June 27, 2007, Magisterial District Justice Clement issued a Judgment in favor of Defendant John Eby, and against Plaintiff. 4. On July 26, 2007, Plaintiff filed a Notice of Appeal from Magisterial District Justice Clement's judgment in favor of Defendant. 5. On or about August 7, 2007, Plaintiff filed a civil Complaint against Defendant Eby. That Complaint was not served upon Defendant Eby and/or undersigned defense counsel. 6. Plaintiff's Complaint purported to assert six (6) counts against Defendant, including lying under oath (Count I); illegal trespassing and inspection (Count II); "harassment and overpower' (Count III); illegal advise (Count IV); harassment of witnesses/ obstruction of justice (Count V) and discrimination or making a new law (Count VI). 7. On September 28, 2007, Defendant served Preliminary Objections to Plaintiff's Complaint pursuant to Rule 1028(a)(1), (2) and (4). 8. On September 28, 2007, Plaintiff filed another pleading entitled "Complaint". For purposes of these Preliminary Objections, that pleading will be referred to as Plaintiff's Amended Complaint. A true and correct copy of Plaintiff's Amended Complaint is attached hereto and is marked as Exhibit "A". 9. While the Amended Compliant corrects several of the technical deficiencies of the prior pleading, it does not conform to the pleading requirements of the Pennsylvania Rules of Civil Procedure and it does not allege any claims or causes of action upon which relief can be granted. 2 Preliminary Objections Pursuant to Rule 1028(a~(2) Pennsylvania Rules of Civil Procedure - -Failure to Conform to Rules of Court 10. Defendant incorporates by reference the averments of paragraphs 1 through 9 of his Preliminary Objections as if fully set forth at length herein. 11. Rule 1028(a)(2), Pennsylvania Rules of Civil Procedure, provides for the filing of Preliminary Objections for failure of a pleading to conform to law or rule of court. 12. Rule 1019(a), Pennsylvania Rules of Civil Procedure, requires that "the material facts on which a cause of action or defense is based shall be stated in a concise and summary form." 13. Plaintiff's Amended Complaint fails to plead the material facts upon which his claims and/ or causes of action are purportedly based, and therefore, fails to comport with the requirements of Rule 1019(a), Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant, John Eby respectfully request this Honorable Court grant his Preliminary Objections Pursuant to Rule 1028(a)(2), Pennsylvania Rules of Civil Procedure and strike Plaintiff's Amended Complaint for failure to comply with the Rules of Court. Preliminary Obiections Pursuant to Rule 1028L)(4) Pennsylvania Rules of Civil Procedure - - Demurrer/legal Insufficiency of a Pleading 14. Defendant incorporates by reference the averments of paragraphs 1 through 13 of his Preliminary Objections as if fully set forth at length herein. 3 15. Rule 1028(a)(4), Pennsylvania Rules of Civil Procedure, authorizes a Defendant to file Preliminary Objections asserting the legal insufficiency of a Complaint. 16. Rule 1019(a), Pennsylvania Rules of Civil Procedure, requires that the material facts in which a cause of action or defense is based shall be stated in a concise and summary form. 17. Plaintiff's Amended Complaint fails to allege the material facts upon which Plaintiff's claims and/ or causes of action are based. 18. Count I of Plaintiff's Amended Complaint fails to state any claim or cause of action for lying under oath upon which relief can be granted. 19. Count II of the Amended Complaint fails to allege any claims or causes of action for illegal trespassing and inspection upon which relief can be granted. 20. Count III of Plaintiff's Amended Complaint fails to allege any material facts establishing a claim or cause of action for harassment and overpowering upon which relief can be granted. 21. Count IV of the Amended Complaint fails to allege any material facts establishing a cognizable claim for illegal advice upon which relief can be granted. ZZ. Count V of the Amended Complaint fails to allege any claim or cause of action for obstruction of justice/harassment of witnesses upon which relief can be granted. 23. Count VI of Plaintiff's Amended Complaint fails to allege any material facts establishing a cognizable claim for discrimination or the making of a new law. 4 24. Plaintiff's claims are barred and/or limited by the immunity afforded by the Political Subdivision Tort Claims Act, 42 Pa. C.S. §8541, et. seq. and application of that immunity is apparent from the face of Plaintiff's Amended Complaint. 25. To the extent that Plaintiff's Amended Complaint seeks to challenge the determination of the sewage enforcement officer, then Plaintiff's pending land use appeal is the exclusive remedy for pursuing such a challenge. Consequently, Plaintiff is precluded, as a matter of law, from pursuing those claims in this civil action. WHEREFORE, Defendant respectfully requests this Honorable Court grant his Preliminary Objections in the nature of a demurrer and dismiss Plaintiff's Amended Complaint with prejudice for failure to state any claims or causes of action upon which relief can be granted. DATE: I ~'O.r ~~ Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. ~ ~~ By: J es D. You ,Esquire 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA53904 jyoungQlaverylaw.com Attys for Defendant Eby 5 SLP2~. ~~ ~~ 7 / ~'+` I /~ IN THE COURT OF COMMON PLEAS.OF Plaintiff V :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW ~~,~ ~ b Defen~ts NO;"~~:' - IVIL TERM ~~~ NOTICE YOU HAVE BEEN SUED IN COURT. if you wish to defend against the claims set forth iri the following Complaint, you must take action within twenty {20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing wit}i the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or reiief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND-OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liber[y Avenue Carlisle, PA } 7013 Phone: (717) 249-3 l 66 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA !Er~~,~~ Plaintiff ~. Defenda~it Civil.Action--Law Docket No.. 07 . ~~' 3 6 JIJR'Y TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, ' ~ai{/jji C~ }~Gtit(~ G~ ~i.,cF~cf~Y7 3 S ~ 7 s r ~~/p s'v ~ ~t~~i yt (~ ~Lun ~r.,~~ Pte- l ~{j ! / U ~CUZ~~ v~ . ~~ ~,, .~" ~2 ~ ve.// v-~ . 2f _ {le:vi t,(~ Ij o i~ctR ~J"z- rho s atc~~dl-~ ~~ a-~~ eaµ9~ e~ U ` _~ 1. ~~ _- ----__ v ___ 1. John Eby lied under oath at a Commissioner's hearing. 2. John Eby trespassed on the Ho ng p operty in r, 2007 (I believe this should say ~~~~~ 2006) . 3. John Eby unlawfully shut down a yard sale at the property in November 2007 (I believe this should say November, 2006). 4. John Eby gave the Hoang's "illegal advice" regarding a landlord/tenant dispute. 5. John Eby contacted private inspectors who had been engaged to inspect the Hoang property and "harassed" them in order to prevent the inspection. 6. John Eby has discriminated against the Hoangs. :, _ 1' _.__ _ ._.-- -- - ._ ._ . __ I n ~ ~ ~ ~;-. __~s _ ~ar~%~ _~~Sl- .~ ~ ~~'~-mac. _ _ _-- _. - - ---_ _. :. ~~' ~~ wit ~~~;_ __ . /~ ~' `~ 1Jd~i~t ~~'tl4rl~ / (~ '' ~ , ; F12 chi ~ 41 ~t ~~-:. ~ ~r~ .~i S'~CrLY' e[, r~ L\~(.7,1r ..,i~ ~`:~'~b~ ~' G"•t.;~l r{L.r~Z;ir'e' r: ~~i'LGI~.' .~ ~ C ~ 't ~r" ~ .1-- /~' (~ ~ / } !" \ J G'G`,. ~iG(.L~, 7<,u~I~i.+ ~°~`,.~,'~!k.:"Y3it~ ~~~c:i.1v,SL %~'t2 (~d?B~ ~J(/. +GLZ;<-iJF::aJc'.: ~ ~~ ff ~ ~ // -~.• / /~ }~.~lL11 }~.i~.; vL ~tZl,~1 Ll / i;% h'7 aJp'C.~~ f~i'L1. 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"~~~~c.•J ~lt~ ~-ic~0c.~ clCz, ~ `J ~2.~ GZL~-~/i~G{ jl~Gi. ?/j~uc~~~il .~Z'il%! ~;L~~~~ ~G' ~e(.ryic~ j1l~i.i.tvC ;~'i:~ ~~ ~ •~.c ~t~~l ,~ n\. ~~#')Ctij~" ;~~iLy~_L f1 ibt..':J ~r ~r.-, • ~~: Cttl ()t~y~'rs,ltci; ~-n L:t c"f ~~Cl~Li.~j <Z.r~a~-~.,s~~ ~~-~ Dr,i," c ~~ ~~ ::~„i:~Cc.` c_~i''t1- L•c:sr:i. C2 '~i jv Z ~:/Z ~ L ~%.. ~ 1•~ Q G \ / ~ ~,f./il`t ~ +'t-.-Z_ Iri.~ ~_. < .i.i_,C~,~ ~j~ it f ~C•J\`~ i `~ ` %~ ,.G (/ `~ ~I / 1~7 •~ r 1 ?)1G~)~i~ ,'fie liG.utt ~~ h-tG~ %L-i:~~•- ~(:i~rj`J C(,~~Cctr'r ~~)~-~_-. •~:' r ~ t ~bj;` ~~~`, ~l ~~t:.j L)i t: i.,/ ~~~ ~,y,~'~~'FE i S1ti-~iL7 ~hi'. (l ~-t. / _ l ), 1 ~_. r r t 4! L "; L L1 /+ !LL `L j' '7 it v~ ~.+ r11 vi. vt C..~ .. / )•iL i ~ •-I<v' LK `L C~ t ~ k •/ 6~ ~4`) ~ '~~ ~, e ~ -~ ~_~ VERIFICATION I, . ~ A V ~~ ~"Cl f ~-h/G - .verify that the statements made in this. .. -. Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § .4904, relatixrg to unsworn falsification.to. authorities.. _ - q~ ... ,' ~ _ /~~ ~' "' L/ LMT - OWd 3507~SIMPSON FERRY RD 7 ' Da CAMP }TILL RA 17011-5.405 CERTIFICATE OF SERVICE I, Megan L. Renno, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 5th day of October, 2007, I served a true and correct copy of the foregoing Preliminary Objections via U.S. First Class mail, postage prepaid, addressed as follows: David Hoang 3507 Simpson Ferry Road Camp Hill, PA 17011 ire 6 cs ~ C.r7 r ' ! ~ ! i t_~ ~ t~j ~ ~C PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) David J. Hoang vs. John Eby No. 4 4 3 6 0 7 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): prPl i mi nark (~h3c~r~1-i nna to P1 a i nti ff' ~ AmanrlArl ['nmpl?lnt 2. Identify counsel who will argue cases: (a) for plaintiff: pLAINTIFF is Pro Se ,507 Simpson Ferry Road, .Camp Hi11, PA 17011.- (Name and Address) (b) for defendant: .TamoS V i~ngf ~7S Market St _ ~ St~i tP x(14 (Name and Address) Harri~hnr~ PA 171 OS 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: rT,...,....ti, r. ~. ~ ~ ~ n n ~ Date: I d 1 U 1 I Z~'~ (Plaintiff j (Defendant) Print your name Defendant Attorney for C ~. r: ::~ ~ .~ i ~_ .._. ~ ~ ~._ ~~- .~- ,~ ~ ' ~ PRAECIPE FUR LISTING CASE FUR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: _ ~ Please list the within matter for the next Argument Court. --______-------------------------__________~_______w_______-, -__M____~----------------------_-- CAPTION OF CASE (entire caption must be stated in full) David J. Hoang vs. John Eby (Plaintiff} (Defendant) No. 4436 07 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): PrPI i mi nark ' 11~2~r~ Pc ~'_,j-n p,],a i nt-i ff' a Amnnr~arl (`nm~a].rit 2. Identify counsel who will argue cases: (a) for plaintiff: PLAINTIFF is Pro Se 3507 ..,S.impson Ferny Road,. _Camp _Hil~l.- =PA1_701.1-. (Name and Address {b) for defendant t .Tamcc yoLng,,, 77~, MarkPi- ~t ~ Suite "~:(ld (Name and Address) Narri GhurQ~ PA 1 71 t18 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: '~ec,Gu+~t-t 21 , 2007 ~ ~___ ~l/1i1/ l L~ s~~1~1 - , Dom. to~~sjo~. C3 ~ r;-~ ~~~ -..~ ~ ~ r i=-'.. ---~ ~`` txi ;~ ~;~~ ~~ ' ~ ~~ ~~' ~ ~ ~ ~ w ~'- _-~ f . ,• -~~ ~~ Plaintiff - I ,~ I ~ ~ ~Q~ 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ., Civil.Action--Law v. Defendant((,// . Docket No. - O7 • ~~ 3 - JtJ~Z~' TRIAL DEMANDED - - COMPLAINT AND NOW, comes the Plaintiff ' ~~lic~ ~~ g - ~ /r - ~c~c~V~Yj zf ~ 0 7 s r N~i/~ t~~, ~~'z yf f~Gci' ~ ~.~-f,( per- J -~fi>f~ / f~ ~ar~~ ~ . ~~ ~ r ~p W ~ti~ ~ ~~~ ' " '"'rte ~a ul~t 3~i'~ ~ ~I' ~-~ li-~n ~/C.i~ L(~ !%J 7,(l`la %Gfl~ x7! c. rl+~ S G~C~rdl1 ~ Q-~- //l.Q G Li~i-1 ~ O u LU, ~~1 , C.iL~i ~' ,r,r~ ~j tom, ~, G~ ~oc.t,n ~,~ . ~~ f PRAECIPE F4R LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CiJMBERLAND COUNTY: _. Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) David J. Hoang John Fby (Plaintiff) vs. • (Defendant) No. 4 4 3 6 0 7 Term 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): ,Q Prel i mi narv ;~'1 :P I~~,~l:~ tr~T?1~ i nf-i ff ~ g A~pnr7c~~~'`nm~l a•int 2. Identify counsel who will argue cases: (a) for plaintiff: pLAINTIFF i s Pro Se 350.7 Simpson Ferry Road,.Camp ..Hill.,--SPA 1°7.0-1~._ (Name and Address (b) for defendant: ,TamP~ ~ ~ng~ ?_25 Market- fit- _ ~, .^-,ni i-c~ 3.04 (Name and Address) Harrisburg, PA 17108 3. I will notify all parties in writing within two days that this case has been listed for argument. D~ce.+~ ~~ ~-l , o2oa 7, L.J 6 ° ~ .~ ...a ...t ~ =~- "~_ ~~ ~ ~~ :< r ~ ?,~= ;;`~ ~ s `y- °~.. + "~ ~ ~ ~L/t ~~ Plaintiff ~, ~ . , 1N THE COURT OF COMMON RLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil.Action--Law v. Defendant Docket No. • D7 • ~~ 3 6 JURY TRIAL DEMANDED ~i~~~ t COMPLAIl~iT AND NOW, comes the Plaintiff, ' ~a,1/i ~ ~~ r _ ~ n - ~.~~ 3 S o 7 s r ~ jp r~v ~ ~~li ~ l~cd ~, . ~,~.e~ per- ~ ~a ~ ~ 4' L~a~~~ ~ . ~ -~~ p~vrl~i D av : d` $~ati, ~ ~~r ~ .. ~ -~``" ,,~/j ~ vQi ~ LI.Q . 'l f- _ V Gib L( ~. (/J a % Gt.(_.t ~ -!l ~ S GtC~i ~/L? ~-e° c2.c.4~e ~~ .~ r ~ ~ '. 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IGT _ _~~ _ ~h.~2_ _ . ~~~-t~? l-~ ~ o . . d?~st- _. ~t,J_u?? u~ - _ ~'~ _..__ . ~±~ ~ y ~ r G" - _. ~L~. ~ d"1 ~~ G ~ yt ~ L ~c.V G~J~-~~ ~ cis a+- ti) pv? _ ~'~-- ~ ~ ~ ~ r.~ ' f ~J U ~ u~ u L -{n / /' ! (~ LJ - (J r ~ ? 7r. ~.J ~ V c ~a-.- ~ U _. ._ _ ~~ C-LJ' _. _ . Q ~'Y'~_ _ _ _ . _ . ~. .~ N_ ~ ~'~ _ _. _ t~ _ ~9 _ _J _ _ [ ~ w _ _ _ _ BiY~. ~ _ _ 0~. ~. Q. _.? • . _ C, C:'~- S~ _ ___ ~~1 ~1'~- ~ ' " ~ S '~i~ ~ (S"~ C.~ ~a ~CX C t'rI wI ~' (~ C~E~ v ~~ ~ S _ ~Ob?-~-> t!]s~t. _ _.... }Lv_G~VLt._ ~ ~ ~' PfL. ~ li' ,~}~ G't~ ~ f fy o ~ ~ L~rf~/` - _ ~~ , a _ r ~ ~. _ - s~ tee- ~ ~ ~ _ ~~ iYt . ~ ~ _ _ y"mss ~ /J ~ ~ (J r _._ Yl ~°. ~~/i r _r1 _ _ p .~'t_ ~-2 ~ ~` . ~ . ~ ~ ~ ~.. ~ 5 ~% lei c~ U vZ l Z©C~ ~~ Judge vs Parker McCay Glen Judge 05/25/07 23 (Pages 86 to 89) Page 86 Page 88 1 1vIR. BUCHER: One more stupid 1 department will allow that option to be used. 2 comment. Since 3503 and 3507 are under the same 2 But part of the procedure is to have 3 ownership, is it conceivable we can use one 3 a public hearing and to demonstrate that there is 4 cesspool for two properties? 4 in the foreseeable future a guarantee that the 5 IviR EBY: No. 5 public sewer connection will occur. 6 MR. BUCHER: Just searching. 6 MR. SHATTO: That's all-I have. 7 MR. SHATTO: Just very brief. 7 ` 8 MR. MINER: Mr. Shatto has a brief 8 E~~AMINATION BY IV1R. STEWART: 9 rebuttal. 9 Q You visited this properties jest one 10 10 time? 11 EXAMINATION BY MR. SHATTO: 11 A Yes. 12 Q Mr. Eby, yon recall dwiing Mrs. 12 Q An abort a half hoar 13 Hoang's cross-ezamination she brought aver to tiro 13 out 14 table a somber of documents and receipts? 14 A Probably an hour. 15 A Yes. 15 Q That's aII of the I have. 16 Q Did you look st those with me? 16 :You mentioned for the 17 A Yes. 17 holding tank, a public hearing must be 18 Q Was there anything in drat packet, 18 held. Is that another public hearing or 19 ocher than the documents of inspections and 19 would the this evening's public hearing 2 0. pumping receipts that had yon already placed in 2 0 suffice for that? • 2.1 your record? 21 IviR.. EBY: Not the subject matter of 2 2 A Only the one exhibit they entered 2 2 tonight's public hearing. Another hearing 2 3 was the only thing I didn't previously introduce. 2 3 would be requu'ed. 2 4 Q Wss that another pumping receipt? 2 4 1VIR. YOUNG: With regard to the 2 5 A I think it was another drain 2 5 installation of the hol ' another Page. 87 Page 89 1 cleaning expert. 1 public hearing would be held; and the 2 Q Was there anything in any of those 2 subject matter would be the installation 3 documents that yon reviewed with me that 3 of a holding tank? 4 indicated that the cesspool is not •: 4 11VIR. EBY: Correct. 5 malfunctioning? 5 PRESIDENT TITZEL: Any comments from 6 A No. 6 the public? 7 Q Does anything in those documents 7 ]VIII. ALTZ,AND: I would like to add 8 change your position? 8 one thing as something to think about. 9 A No. 9 ,You have four places there with 10 Q I f ast want to clarify, if the 10 cesspools. If one is malfunctioning, 11 holding tank world be a possfble sohrtion to this 11 there is a really good chance that all 12 until the PennDOT project, world that have to be 12 four are malfunctioning. And it is not 13 approved by the Department of Environmental 13 going to come to the surface. You are not 14 Protection? ~ 14 going to find it on the surface. ~ 15 A Yes, and the local agency. 15 That is so deep. I think the top ~~ 16 Q Even though yon don't have any 16 of that tank at 3503 is roughly 6 feet 17 standards or - 17 deep, and then the tank might be another 18 A There are standards for holding 18 20 feet deep. It is very deep. 19 tanks. 19 Like John said, it is going down to 2 0 Q I'm sorry, I misunderstood your 2 0 the ground. It is not going to come to 21 previous testimony. So the Township does 21 the surface. There is a good chance all 2 2 regulate holding tanks? 2 2 these are malfunctioning. And this one 2 3 A Correct. We simply don't have a 2 3 just got way too much water, and that is 2 4 local ordinance regarding holding tanks; 2 4 why it was coming back into the basement. 2 5 therefore, to cozrect.a malfunction, the , , . 2 5 PRESIDENT TITZEL: Any other Leary Reporting Mechanicsburg, PA (717) 233-2660 Fax (,717) b91-77 68 how I ~~ Q LL Judge vs Parker McCay Glen Judge 05/25/07 14 {Pages 50 to 53) Page 50 Page 52 1 KATHY MQ~iNICH, having been duly 1 behalf because of that language barrier. And my 2 sworn by Gwen A. Leary, Notary Public, was 2 observation is that too much has gone on, too 3 examined and testified as follows: 3 long. They have spent thousands and thousands of 4 4 dollars attempting to ma~~ .dons that-. 5 EXAMINATION BY MR. STEWART: 5 obviousl ~~satisfactory; and yet Mrti Eb 6 Q What is your name? 6 was re one time, from what I understood in hi 7 A Kathy Minnich. 7 imony. One time for 30 minutes in a ear. 8 Q What is your address, Ms. Nfmnich? 8 And I underst~n w at Ivlr. Eby 9 A 3505 Simpson Ferry Road. 9 is explaining with regard to the malfunction• d 1 o Q So you live beside the property in 10 of being able tv know until you dig up or 20 11 question? 11 fee ow bi how far. a soil 12 A Yes. 12 been tested in that area? 13 Q And yon wen present this past ycar 13 I have a lot of questions. There 14 when there were groblems there with the system? 14 aze a lot of questions. And my concern for them 15 A Yes. 15 is that no one from the Township has been there 16 Q And yon knew the occupants of the 16 more than maybe an hour in a year and has not 17 property? 17 been inspected regularly. 18 A I did. 18 ~ I know it was backing up; but if the 19 Q Could you describe for the Board the 19 tenants call and say it is backing up to their 2 0 number of people and the kind of activities that 2 0 ankles, then someone should be there to check to 21 were going on over there? 21 make sure it is backing up to their ankles. It 2 2 A Well, there were three adults and 2 2 was backing up, but I never saw anything more 2 3 two children living there full time. And they 2 3 than some wetness around the floor. 2 4 had family that lived all over the country and 2 4 So I just - my feeling is that, in 2 5 regular guests, sometimes 25 to 30 people on 2 5 this azticulaz situatio thousands of dollars Page 51 Page 53 1 weekends there wouldn't just come for the day; 1 later on both the County and the Township's ~ 2 but would stay throughout the weekend and 2 behalf and on their behalf, someone should have 3 sometimes during the week 3 been otrt there and getting to ~ s 4 So there was always a lot of people; 4 rather thin a year gone by and still where you 5 not just five people, but other people's kids and 5 were a year ago. 6 just a lot of people. 6 MR. STEWART: That's all I have. 7 Q And this occurred with some 7 8 ieg~ri{yt 8 EXAMINATION BY MR SHATTO: 9 A Regularly. 9 Q Mrs. Minnick, I just want to ask yon 10 Q Any other observations yon have 10 a gaestion, You said there were times when 25 to 11 about this situationT 1 l 30 people were visfilimg the property? 12 A Actually I would prefer, if you 12 A Staying there. 13 could direct questions to me? I have a lot of 13 Q Staying overnight? 14 opinions and observations about it; but I think 14 A Yes. 15 an observation I have is that I think, most 15 Q 25 or 30 people? 16 importantly, is that you have a family who has 16 A Yes. They got married. They had a 17 invested several hundred thousands into your 17 wedding and got married and, literally, there 18 community to perhaps in the future bring business 18 were 30 people staying there. 19 into the community. 19 Q You mentionedthishappened -were . 2 0 And this is also a family that, at 2 0 there 25 to 30 people regularly or was that jest 21 times, there has been some language barrier and 21 on a rare occasion? 2 2 difficulty in understanding some of th thmgs 2 2 A Regularly. There were 10,15, 20, 2 3 that need to be done. And I am there. I 2 3 30, 35. I mean, there were times that there were 2 4 communicate sometimes with some of the plumbing 2 4 ten cars in the driveway. If you multiply ten 2.,5 ,aeovle that come~on Nanc~s behalf and David's 2 5 times four, you can do the math. These people Leary Reporting Mechanicsburg, PA (717) 233-2660 Fax (717) 691-7768 1,/ ~?~~~ ~ R,.c- ~_r ~` ~ __..~i y` WEALTH OF~SYLVANIA ~~ ~ _ RL~}1. MOROZ, Notary Public "'` ~' IIVieys BOro, Cumberland County . r.R"~.'......,T... _' ~7 ... ~ .. ~__ ~ .° .. /` ... v1 ~~ Mary Z`hieu I~It~ang 'Winti~ar Flaxa 1030 N. Taylor Street, #1t;<1 A.rlingt€~n, Virginia 22201 {717} 85G-b390 June 20, 2007 Mr. Thomas G, Vernau, Jr. Lower Township Commissioners Lower Aiten Township =1983 Hummel Avenue Damp tfili, pA 17119'1 1Re: 3503 Simpson Ferri; li.oacl, Catxzp 1-li$l, I't~ 17(}11 Dear l~rir. ~Ternau and. Tawnship C;vn~issivners; T$~.is letter is tc~ confirm a zneering that T had with i~x, ~t~hn Eby from I..cawer .Alen 'T'ownship hack ire Septembex 240G. 1 k~elie~°f; the exact data cif the meeting u~as F~-iclaq, Septeanber E3, 2t14C, around 9:34 ~~T. T met i~1~c. Eby at tlxe listed. premises abavc. ~`he meeting lasted approximately Ya hau and we rriet. irz front of the property where the cess ppol was located. l~Toxe.vver, fluxing that meeting ~x-e event to the hasetxient oi` the prr~pertf and discussed a pipe repiacer~~ent. At the end of the m~;eting 1Lir. Eby uralked aver tc~ another property, 35{?; ~irnpsvn Fem.= Rvad, to dc~ x visual cif the premises veer there. If there arc. any cluestians and car cc~nrexns, pease ela x~at hesitate to conts~.ct e. Sincerely 'I'hien tig ~, a ";,~ u:: r. ~ a ~ P~?~:~y uk£,,, fd r `VERIFICATION `~ .~ ~l~D - i~-Q/~G - .verify that the statements made in this_ ~ :. ~: _ -. - - ComQl~t are true and correct to the best of my knowledge, information and-belief_ I understand that false sta~ternents herein are made subject to the penalties of 18 Pa.C.S. § .4904, relating: to - .. - -.tmsworn falsification-ta authorities. . - - t.-~_ ~ .- _ . - _ ~ /~~~ / -- 3507~S2!'3PSfJN FERRY RD - - CAt'IA H3LL PA 1701.3 -5405 ~t .~ ~' ~~ ~ i vs. /, CJ ~ Y ~ In the Court of Common Pleas of Cumberland County, Pennsylvania No. ~ ~ ~ ~~ ~~ Civil. 19 ~ O ~ , r~J ,: ~..j_ 1 711 1 ~7 .',S C' C~i~--P ~~~~C,Gt ~~~~l /) Ci.,~,. To Prothonotary 19 ~ ~~ ~ Z At[orney far-P4aintif~_ ,~ No. Rt.~Q-Qi-rfGE OF 7H~ p~~C?~1~TAF?Y 20~~ Nf~V E 5 PM ~ ~ 4 2 ~'~ 1N sY CIIPv~~~.t`~..>' ~ ~~ ~s.~ ~tP~#4~`~~,~~'d~A Filed Term, 19 vs. pRAECIPE 19 ~- Atty. DAVID T. HOANG, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION--LAW JOHN EBY, Defendant : No. 2007-4436 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT BEFORE OLER, J. ORDER OF COURT AND NOW, this a ~ s f day of February, 2008, upon consideration of Defendant's preliminary objections to Plaintiff's amended complaint, and for the reasons stated in the accompanying opinion, the preliminary objection in the form of a motion to strike the amended complaint is granted and Plaintiff's amended complaint is stricken. BY THE COURT, David J. Hoang 3507 Simpson Ferry Road Camp Hill, PA 17011 Plaintiff, pro Se / James D. Young, Esq. 225 Market Street Suite 304 Harrisburg, PA 17108-1245 Attorney for Defendant ~c>a,'QS in~c~~c~, I a/a~/os ~~ ~i~ ~. J Wesley O1 r., J. ~' ;t'~~ i. ~ t , z 'f ~~'~ ,-`, DAVID T. HOANG, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION--LAW .JOHN EBY, Defendant : No. 2007-4436 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT BEFORE OLER, J.i OPINION and ORDER OF COURT OLER, J., February 21, 2008. In this civil action, a pro se plaintiff has filed a handwritten amended complaint against a municipal sewage enforcement officer. For disposition at this time are preliminary objections filed by the defendant, requesting that the amended complaint be stricken or dismissed. The matter was listed for argument by the plaintiff, who then failed to file a brief. For the reasons stated in this opinion, plaintiff's amended complaint will be stricken. STATEMENT OF FACTS Following the dismissal of his action by a magisterial district judge, Plaintiff filed an appeal to this court in the case of David T. Hoang v. John Eby.2 Ultimately, a handwritten amended complaint was filed by Plaintiff stating the following: To whom which concern We have six complaint against Mr. John Eby We are David Hoang and Nancy Hoang resident at 3507 Simpson Ferry Rd Camp hill PA 17011. We lived at Cumberland County 25 years ago. We have a criminal suit v/s John Eby. 1. Count one: Lie under oath: ' Guido and Ebert, JJ., did not participate in the consideration or disposition of this case. Z Plaintiff's Notice of Appeal, filed July 26, 2007. Mr John Eby Lie to public hearing and all of town ship Commissioner on Mayl2007, exhibit 1. 2. Count two: ille ag_I trespassingand ins,~ection: my name is David Hoang, owner of Asian American market. On Oct/2006. Mr John Eby don't call me before, don't send the letter or menage let me know. Mr John Eby come to my propriety as in home business (Asian American Market at 3507 Simpson Ferry Rd. When I see him at my land. 1 ask him what you want? He said he want to inspection on the store and parking. I told him why you don't call me before. So he back out. I don't know why he come to my propriety. I call to Township try to talk to manager. I don't get him. I talk to Mr. David Alsland, he said he don't know why John Eby want to do like that. John Eby can not inspection every where he want. He is illegal trespassing without notice the owner and illegal inspection without schedule his phone 938.1535. 3. Count three: Harrassement and over power. On Nov/2006. Nancy Hoang set up a yard sale in front of my house. Mr. John Eby call to Miss Nancy Hoang harrassement her and tell her have to closed a yard sale. So Nancy Hoang was scare and closed the yard sale 112 day on Sat. Don't set up yard sale on Sunday. I don't know why John Eby call Nancy Hoang and set off her yard sale. Please. Some one explain to us. Why resident can not set up the yard sale in front of their house only one time a year. I know township code, state law and federal law do not have a code or the regulation to shut off yard sale from the resident. Why John Eby try to do his own Law. John Eby harassed Nancy repeatedly by many ways from one years ago. John Eby don't answer her phone, don't answer her complaint that. She requested during 2 months. etc... John Eby want harassed her repeatedly because he did not like minority or try acting as discrimination? Please. Send one to investigated him and you understand why?. 4. Count four: illegal advice. When we have a misunderstood between tenant and landlord. He advice the tenant don't pay the rent and advice tenant take picture give to him then play game with Nancy Hoang in the future. John Eby is not lawyer, he work for township. He can't only help another side tenent and harrassement another side (landlord). Public worker. Have to be fair with people. Count 5: Harrassement 1- PE: (Penn Engineer) Mr. Matt Marcgule p. 236.2266 (717) 453.1410 cell) 2- Free Flow: Mr chuck 774.4571 3- Plumbing Mr: Bill. 4- Mr Scott. 1.888.873.91 S7 Drain and Ceptic doctor p. 731.9300 S- Mr Paul: Ass. Product 697.8312 6- Dillsburg Septic 8.432.9704. When we call professional work for us to inspected the house John Eby harrassent them so they don't come to work for us. Make us hard time When Dick Stewart call to Dillsburg septic and get up appointment. come to check the house. John Eby try to tell them don't come to 2 inpected. You can call Dick Stewart attorney 761.4540 (7l7) he will explain better than I write here this case is obstruction justice: harrassement the withness Count b: Discrimination or make a new Law: Nancy apply to turn the house 3503 and 3505 to be come in home business. John Eby told the commissioner: the house have a cesspole or septic tank can not be turn to in home business. Question. Could you tell John Eby use the township code. Go to closed all of house have septic and cesspole. It is a lot of them. Will be close and move out the house. If that is the law I think we have to closed 1,000 business in the Cumberland County. including turnpike 17. too. Interchanges use septic tank too. If the house 3503 have a problem. But the house 3505 don't have a problem about septic tank (cesspole). why John Eby turn down application for both house? Question with no answer. Exactly John Eby is discrimination us because we are minority. He don't like us. He is criminal mischief harassment and retaliation against us and a witness. Conclusion. Please send someone to investigate and bring him go to court. to answer our questions or we have to call state and federal agency come to check this harrasment case. or discrimination case? Respectfully thank David Hoang *John Eby kick the tenant out and force us have to follow his decision he is over power over judge by illegal advice and criminal advice intend to do retaliation to our family or discrimination against us. created the damage our property and our income total estimated 9.600.00 For 8 month no rent (1200 x 8.). plus court cost and Lawyer fee over 15,000.00 So. we request he have to pay 15.000.00 for our lost income. Sincerely Thank David Hoang3 Attached to the amended complaint, and apparently intended to constitute "exhibit l," was a copy of Plaintiff's complaint in the office of the magisterial district judge in which he claimed damages of "more than $7,500.00," based upon the following allegation: Mr. John Eby is over power, over judge by illegal advice and criminal advice because he mistake or intent to do for retaliation kick out the tenant harrass Mrs. Nancy Hoang. Therefore, created the damage our property and our income.4 s Plaintiffs [amended] complaint, filed August 8, 2007. a Attachment, Plaintiff s amended complaint, filed August 8, 2007. 3 Defendant filed preliminary objections to Plaintiff's amended complaint on October 9, 2007.5 These were in the form of (1) a motion to strike the pleading for failure to conform to Pennsylvania Rule of Civil Procedure 1019(a) (material facts on which cause of action based to be stated in concise and summary form), as permitted by Pennsylvania Rule of Civil Procedure 1028(a)(2) (failure of pleading to conform to law or rule of court as permissible basis for preliminary objection), and (2) a demurrer, as permitted by Pennsylvania Rule of Civil Procedure 1028(a)(4) (legal insufficiency of pleading as permissible basis for preliminary objection},6 Defendant submitted a brief in support of his preliminary objections.' As noted, Plaintiff did not submit a brief in opposition to the preliminary objections. DISCUSSION Motion to strike. "The purpose of [Pennsylvania Rule of Civil Procedure 1019(a)] is to require the pleader to disclose the `material facts' sufficient to enable the adverse party to prepare his case." Landau v. Western Pennsylvania National Bank, 445 Pa. 217, 224, 282 A.2d 335, 339 (1971). "The rule requires a plaintiff to plead all the facts that he must prove in order to achieve recovery on the alleged cause of action." Commonwealth ex rel. Pappert v. Tap Pharmaceutical Products, Inc., 868 A.2d 624, 635 (Pa. Commw. 2005). With respect to Defendant's motion to strike, Defendant argues that "Plaintiff's Amended Complaint does not comply with the requirements of Rule 1019(a), Pennsylvania Rules of Civil Procedure, in that it merely contains 5 Defendant's Preliminary Objections to Plaintiff's Amended Complaint Pursuant to Rule 1028(a)(2) and Rule 1028(a)(4), Pennsylvania Rules of Civil Procedure, filed October 9, 2007. 6 Id. Brief in Support of Defendant's Preliminary Objections to Plaintiff's Amended Complaint Pursuant to Rule 1028(a)(2) and Rule 1028(a)(4), Pennsylvania Rules of Civil Procedure, submitted November 9, 2007. 4 conclusory allegations and does not set forth material facts upon which Plaintiffs claims or causes of action are based."g Demurrer. With respect to Defendant's demurrer, several factors are relevant to the issue of whether Plaintiffs pleading can be fairly read as demonstrating a cognizable claim for relief. First, to the extent that the complaint seeks a remedy for an erroneous action by Defendant in his capacity as a sewage enforcement officer, the proper procedure to be followed is set forth in the Pennsylvania Sewage Facilities Act.9 Second, as a general rule a municipal employee is subject to immunity from tort actions arising out of deficiencies in the performance of his or her duties, under the Political Subdivision Tort Claims Act.10 Third, Pennsylvania does not, as a general rule, recognize a common law tort of "harassment." Sobel v. Wingard, 366 Pa. Super. 482, 487, 531 A.2d 520, 523 (1987); DeAngelo v, Fortney, 357 Pa. Super. 127, 132, 515 A.2d 594, 596 (1986). Finally, again as a general rule, statements made under oath in an adjudicatory context are not actionable in tort in Pennsylvania. Marino v. Fava, 2006 PA Super 374, ¶6, 915 A.2d 121, 124; Pawlowski v. Smorto, 403 Pa. Super. 71, 80, 588 A.2d 36, 41 (1991). Conclusion. In the present case, in view of the paucity of legal substance to Plaintiffs amended complaint, in combination with severe deficiencies in the expression of material facts that would enable Defendant to prepare his case, the court is satisfied that Defendant's motion to strike the amended complaint is meritorious. For this reason, the following order will be entered. ORDER OF COURT AND NOW, this 21S` day of February, 2008, upon consideration of Defendant's preliminary objections to Plaintiffs amended complaint, and for the s Id. at 11. 9 Act of January 24, 1966, P.L. (1965) 1535, § 16, as amended, 35 P.S. §750.16(a). 10 Act of October 5, 1980, P.L. 693, §221(2), 42 Pa. C.S. §8545. 5 reasons stated in the accompanying opinion, the preliminary objection in the form of a motion to strike the amended complaint is granted and Plaintiff's amended complaint is stricken. BY THE COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. David J. Hoang 3507 Simpson Ferry Road Camp Hill, PA 17011 Plaintiff, pro Se James D. Young, Esq. 225 Market Street Suite 304 Harrisburg, PA 17108-1245 Attorney for Defendant 6