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HomeMy WebLinkAbout13-3288 Supreme Cou o ; ennsylvania COur" o O mm-o " .leas For Prothonotary Use Only: 17, C. H Yee_ 1 0 et Docket No: County The information collected on this fibrin is used solely for court administration purposes. This form does not _ supplement or replace the filing and service of ple adings or other papers as required h. y law or rules of court. ~ Commencement of Action: Complaint 0 Writ of Summons ❑❑ Petition S Transfer from Another Jurisdiction IJ Declaration of Taking C Lead Plaintiff's Name: Lead Defe nt's Na p T Dollar Amount Requested: within arbitration limits I Are money damages requested? 0 Yes - No (check one) Doutside arbitration limits O N Is this a Class Action Suit? D Yes M No Is this an MDJAppeal? Yes No A Name of PI 'ntiff /Appellant's Attorney: 1�) n N U C - Check here if you have no attorney (are Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. if you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS D Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution GJ Debt Collection: Credit Card 7 Board of Assessment f _a Motor Vehicle D Debt Collection: Other D Board of Elections Nuisance Dept. of Transportation ❑ Premises Liability r Statutory Appeal: Other S El Product Liability (does not include } mass tort) 0 Employment Dispute: E Discrimination D Slander/Libel/ Defamation D Employment Dispute: Other D Zoning Board C LI Other: 1 T oth I J Apep� I Other: o MASS TORT 1=1 Asbestos N 0 Tobacco ? E] Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Ejectment D Common Law /Statutory Arbitration B r] Other: Ci Eminent Domain /Condemnation D Declaratory Judgment _i Ground Rent D Mandamus D Landlord /Tenant Dispute Q Non - Domestic Relations t El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial D Quo Warranto D Dental C -. Partition D Replevin J Legal D Quiet Title r Other: D Medical ❑Other: Other Professional: L- _ Updated 1/1/2011 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No %3 -3aW NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG, DIST. NO, NAME OF MDJ 0 I li (9S 1 :, f— /1 *4 1 ADDRESS O PELLA J CITY STATE ZIP CODE F 10 q az5 6 ,! c inn L- 0'1 DATE OF JUDGMEN IN THE CASE OF ( Plaintiff) ll 1 (Defendant)' U r l 3 Y J ►� � � rc„ k &,,.- vs V DOCKET No. SIGNATURE OF APPELLAN TTORN OR AG This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon {„ j �I �, C r� appellee(s), to file a complaint in this appeal ^Name of appellee(s) (Common Pleas No. 13 - 3d - !ig ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To (!� t S ,p ��k j� appellee(s) Name of (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, ybu by personal service or by certified or registered mail. 4 r (2) If you do ()of filg a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3i ? � of >eniice.of this rule if service was by mail is the date of the mailing' dd Date: 20�'.s - Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF. THE �VQTICE OF JUDGMENT/TRANSCRIPT FORM WITH IS NOTICE OF APPEAL. E'.1,tJ 4 �� U .+H t i4f AOPC 312 -05 .i OM�VIONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND R Case Mag. Dist. No: MDJ- 09 -1 -02 Christopher P Graham MDJ Name: Honorable Elizabeth S. Beckley v Address: 1901 State Street Tim Hogg Camp Hill, PA 17011 Telephone: 717- 761 -0583 Tim Hogg Docket No: MJ- 09102 -CV- 0000053 -2013 P.O. Box 624 Case Filed: 3/18/2013 New Cumberland, PA 17070 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09102 -CV- 0000053 -2013 Christopher P Graham Tim Hogg Default Judgment for Plaintiff 05/14/2013 Judgment Summary Participant J_ oint/Several Liability Individual Liability Amount Christopher P Graham $0.00 $0.00 $0.00 Tim Hogg $0.00 $850.00 $850.00 Ir ... ... __.. ._...._.. _ ...__. __ _ _....,.._ _ ._ .._...,.......w.___.... _._ ....._....._. __ ., Judgment Detail ( *Post Judgment) In the matter of Christopher P Graham vs. Tim Hogg on 5/14/2013 the judgment was awarded as follows: Judgment Component Joint /Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $850.00 $850.00 Grand Total: $850.00 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 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 JUDGMENT 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. MAD4 tElizabeth S. Beckley I certif that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 05/14/2013 9:49:19AM 4 .� Christopher P Graham Docket No.: MJ- 09102 -CV- 0000053 -2013 V. Tim Hogg Participant List Plaintiff(s) Christopher P Graham 613B Geneva Drive Apt. 24 Mechanicsburg, PA 17055 Defendant(s) Tim Hogg P.O. Box 624 New Cumberland, PA 17070 Tim Hogg Hogg Properties LLC 1969 York Haven Rd Etters, PA 17319 MDJS 315 Page 2 of 2 Printed: 05/14/2013 9:49:19AM .--..._...... ..-_- . . i HON TAB`2 ' 2013 jUN 14 PM 1. CUMBERLAND B PENNSYLVANIAMTY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONW TH OF PENNSYLVANIA COUNTY OF \ ;ss AFFIDAVIT: I hereby(swear)(affirm)that I served � 19-3 U c+ ❑ a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service) , 20 1 ❑ 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. (SW (AFFIRMED AND SUBSCRIBED BEFORE ME THIS DAY F 20 Signature o officla!before whom affidavit was made Signature of affiant ""----- _ , COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL. Title of official CAROL L.TROXELL, Notary Public New Cumberland Boro.Cumberland Co. My commission expires on L_� ,20\7 My Commission Expires Dec.27, 2013 AOPC 312A-05 IL U.S. Postal ServiceT 1.1 i CERTIFIED MAIL,,11 RECEIPT m 1 (Domestic Mail Only;No Insurance Coverage Provided) nj -I- C E cc POMP $ Ln Glum's r-1 Certified Fee i rq , Postmark C3 R mR Fee $O.OU Here of=erk Receipt C3 (End t Raqu 0 Restricted Delivery Fee $O.OU (Endorsement Required) 0 r3 93.5G d Total Postage&Fees US PS rq rti ------ rq ---------------------------------- C3 or PO Box No. r%- ---------------------------------------------7...................... City,State,ZIP+4 See Reverse for Instructions PS Form 3800,August 2006 U.S. Postal Service,,, CERTIFIED MAIL,,, RECEIPT M (•omestic Mail Only;No Insurance Coverage Provided) 117 M For delivery. informqUon vi��;t�,ur website at wwwuspsxorn�, cc RN." M CO Ln Postage $ GSM r-q Certified Fee r-4 Postmark C3 R Fee 0. turn Receipt 'ZI' rn; C3 (Endorsement Required) Here C3 Restricted Delivery Fee $IJ.UU j (Endorsement Required) C3 13/20 3 $6 1 „11 Total Postage&Fees $ r-3 We—n—tro--77-1 ru r-, ,N;;w-Awt.nw; --------------------------— 0 or PO Box No. --di6l-giiijl yfo;w---------------------------------------------------------------------- PS Form 3800,August 2006 See Reverse for instructions CA kea,c,on To r ��n )ej Lack 19 D� d Common Pleas NoL t 3- 3 � � 8 b6l,l-'te4 Nd, 7-3 ille :✓ t1��� CUMIBERLANI) CoUt,,jY PENNSYLVANIA Nick Matash, Esquire Atty ID: 87916 MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 (717) 232-0581, ext. 2106 (717) 232-7821 (fax) nmatash e,midpenn.org CHRISTOPHER GRAHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 13-3288 TIM HOGG AND HOGG PROPERTIES, LLC, Defendant CIVIL ACTION MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT AND TO ADD A PARTY Plaintiff Christopher Graham, pursuant to Pa.R.C.P. No. 1033 and No. 2229, requests leave to file an Amended Complaint and to add a party to the action, and as grounds therefore avers as follows: 1. This lawsuit was filed by Plaintiff on June 19, 2013 for damages for Defendant's failure to return a security deposit or to provide a written accounting for refusing to return said deposit or any portion thereof. 2. By his Amended Complaint, Plaintiff is also alleging additional counts that the facts may support. 3. Plaintiff in his original complaint named Tim Hogg as a defendant. 4. Since the filing of the complaint Plaintiff has determined that Hogg Properties, LLC, is the owner of the real property located at 322 North Front Street, Apartment 5, Wormleysburg, Cumberland County, Pennsylvania 17043, and Plaintiff requests to add Hogg Properties as a defendant to this action. 5. This Court should grant leave liberally to amend a complaint except where surprise or prejudice to the other party will result. Burger v. Borough of Ingram, 697 A.2d 1037, 1041 (Pa. Commw. Ct. 1997). 6. There is no surprise or prejudice to Hogg Properties, LLC, as Tim Hogg, a partner of Hogg Properties, LLC, has already received notice of this action. WHEREFORE, Plaintiff requests that the Court issue an order granting Plaintiff leave to file an Amended Complaint, that the Amended Complaint attached hereto be deemed filed, and for all other proper relief. Respectfully Submitted, MIDPENN LEGAL SERVICES Date: Nick Matash, Esquire Atty ID: 87916 213-A North Front Street Harrisburg, PA 17101 (717) 232-0581, ext. 2106 Nick Matash, Esquire Atty ID: 87916 MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 (717) 232-0581, ext. 2106 (717) 232-7821 (fax) nm atash(a)midpenn.org CHRISTOPHER GRAHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 13-3288 TIM HOGG AND HOGG PROPERTIES, LLC, Defendant CIVIL ACTION FIRST AMENDED COMPLAINT 1. Plaintiff is a competent adult individual whose present address is 613B Geneva Drive, Apartment 24, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Tim Hogg is likewise a competent adult individual, with a mailing address of P.O. Box 624,New Cumberland, Cumberland County, Pennsylvania 17070. 3. Defendant Hogg Properties, LLC,has a present address of 1969 York Haven Road,. Etters,York County, Pennsylvania 17319. 4. At all times relevant hereto, Hogg Properties has been the owner of certain real property located at 322 North Front Street, Apartment 5, Wormleysburg, Cumberland County, Pennsylvania 17043 and 111 South Third Street, Apartment 9, Lemoyne, Cumberland County, Pennsylvania 17043. 5. On or about March 21, 2003, Mr. Graham and Mr. Hogg entered into a written year-long residential lease for the apartment on 322 North Front Street in Wormleysburg, Pennsylvania (see Attached Exhibit A). 6. On or about March 21, 2003, Mr. Graham paid to Mr. Hogg a sum of$425.00 as a security deposit for the premises. 7. On November 1, 2004, Mr. Graham signed a new lease with Mr. Hogg for an apartment on 111 South Third Street in Lemoyne, Pennsylvania(see Attached Exhibit B). The initial security deposit made on or about March 21, 2003 was retained and no additional money for a security deposit was required. 8. Mr. Graham continued to reside on the leased premises until December 1, 2012. At this time, Mr. Graham vacated the premises and left the key to the premises in the kitchen drawer as instructed by Mr. Hogg. All rent had been paid. 9. Mr. Graham wrote a letter to Mr. Hogg approximately two weeks after vacating the leased premises,requesting the return of the security deposit and providing a current address for the Mr. Hogg to send the security deposit to. 10. Despite Mr. Graham's repeated demands for the return of the security deposit, Mr. Hogg has failed to return said security deposit, or any portion thereof, within thirty days, nor did he account for its disposition in writing. 11. On June 7, 2013, Mr. Hogg filed a timely appeal from an adverse judgment previously entered against him and in favor of Mr. Graham in the amount of$850.00 (Cumberland Docket No.: MJ-09102-CV-0000053-2013). COUNT (Statutory: Landlord and Tenant Act) 12. Paragraphs 1 through 9 are incorporated herein by reference. 13. Pursuant to 68 P.S. § 250.512 (a) and (b), Mr. Graham is entitled to the return of his full security deposit because Mr. Hogg failed to timely provide Mr. Graham with a written accounting for refusing to return said deposit or any portion thereof. WHEREFORE, Plaintiff demands that judgment be entered in his favor against Defendants in the amount of Four Hundred and Twenty-Five Dollars ($425.00), together with costs to the benefit of the County of Cumberland as compensation for Plaintiff's forma pauperis status herein. COUNT II (Statutory: Landlord and Tenant Act) 14. Paragraphs 1 through 11 above are incorporated herein by reference. 15. Alternatively, Plaintiff asserts a claim against Defendants pursuant to the provision of 68 P.S. § 250.512 (c). WHEREFORE, Plaintiff demands that judgment be entered in his favor against Defendants in the amount of Eight Hundred and Fifty Dollars ($850.00), together with costs to the benefit of the County of Cumberland. COUNT III (Statutory: Consumer Protection Law) 16. Paragraphs 1 through 13 above are incorporated herein by reference. 17. Residential lease transactions are subject to the provisions of Pennsylvania's Unfair Debt Collection Practices and Consumer Law Protection("C.P.L."). 18. The conduct described herein, namely the withholding of a security deposit based upon untimely, false, and/or inflated damage claims, constituted a fraudulent and deceptive practice so as to implicate said law. 19. The C.P.L. provides for the recovery by Plaintiff of up to three times his actual damages, together with reasonable attorney fees. 20. Defendants'- conduct in the post-settlement events in this case has been unreasonable and vexatious. WHEREFORE, Plaintiff demands judgment in his favor and against Defendants in the amount of One Thousand Two Hundred and Seventy-Five Dollars ($1,275.00), together with costs to the benefit of the County of Cumberland and reasonable attorney fees payable to MidPenn Legal Services, plus any additional fees which accrue after the filing and service of this Complaint. Respectfully Submitted, MIDPENN L L SERVICES Date: -711 Nick Matash, Esquire Atty ID: 87916 213-A North Front Street Harrisburg, PA 17101 (717) 232-0581, ext. 2106 VERIFICATION I verify that the statements made in this Amended 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. Section 4904, relating to unsworn falsification to authorities. Date: 7-1,2-- Christoph r Graham Nick Matash, Esquire Atty ID: 87916 MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 (717) 232-0581, ext. 2106 (717) 232-7821 (fax) nmatashAmid ep nn.org CHRISTOPHER GRAHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 13-3288 TIM HOGG AND HOGG PROPERTIES, LLC, Defendant CIVIL ACTION PROOF OF SERVICE The undersigned hereby certifies that on the below stated date, he will be serving a true and correct copy of the within Motion to Amend Complaint and IFP application by regular first- class mail,postage pre-paid, addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: Tim Hogg P.O. Box 624 New Cumberland, PA 17070 Tim Hogg 322 Equus Drive Camp Hill, PA 17011 Hogg Properties, LLC 322 North Front Street Apartment 5 Wormleysburg, PA 17043 Respectfully Submitted, MIDPENN LEGAL SERVICES Date: ���L 1/S BY- Nic Attorney for Defendant Supreme Court ID # 87916 MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 Telephone: 717-232-0581, ext 2106 Fax: 717-232-7821 Q Nick Matash, Esquire ; JF PRO T h G y 10 Atty ID: 87916 „ MidPenn Legal Services 2013 JUL 16 P11 3' 4 3 213-A North Front Street CUMBERLAND COUNT)" Harrisburg, PA 17101 PENNSYLVANIA (717) 232-0581, ext. 2106 (717) 232-7821 (fax) nmatash(iDmidpenn.org CHRISTOPHER GRAHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 13-3288 TIM HOGG AND HOGG PROPERTIES, LLC, Defendant CIVIL ACTION PRAECIPE TO PROCEED IN FORMA PAUPERIS Pursuant to Pa.R.C.P. No. 240(d) and (i), kindly allow Plaintiff, Christopher Graham, to proceed in forma pauperis. Counsel hereby certifies that he believes said party is indigent, and counsel is a Court-approved legal services organization which is providing free legal services to that person. BY: ate Nick Matash, Esq. MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ext. 2106 '1110E I 13 ,11122 PM 2* 49 CUMBERLAND COU14TY CHRISTOPHER GRAHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA VS. NO. 13-3288 TIM HOGG AND HOGG PROPERTIES, LLC, Defendant CIVIL ACTION ORDER GRANTING LEAVE TO FILE AMENDED COMPLAINT Having read and considered Plaintiff s Motion for Leave to File an Amended Complaint, and there being no apparent prejudice to the defendant, it is on this day of July, 2013, ORDERED that Plaintiff s N motion be, and hereby is, GRATED. w M He " Wa!tx A AL-i-A. 2-Itz .0z* enaants R) LHIS UCL1011. 00, J4A 90/3 J. "N n t, �1t3EvdSs�tj lA PE Nick Matash, Esquire Atty ID: 87916 MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 (717) 232-0581, ext: 2106 (717) 232-7821 (fax) nmatashgmidpenn.org CHRISTOPHER GRAHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 13-3288 TIM HOGG AND HOGG PROPERTIES, LLC, Defendant CIVIL ACTION FIRST AMENDED COMPLAINT 1. Plaintiff is a competent adult individual whose present address is 613B Geneva Drive, Apartment 24, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Tim Hogg is likewise a competent adult individual, with a mailing address of P.O. Box 624,New Cumberland, Cumberland County, Pennsylvania 17070. 3. Defendant Hogg Properties, LLC, has a present address of 1969 York Haven Road, Etters, York County, Pennsylvania 17319. 4. At all times relevant hereto, Hogg Properties has been the owner of certain real property located at 322 North Front Street, Apartment 5, Wormleysburg, Cumberland County, Pennsylvania 17043 and 111 South Third Street,Apartment 9, Lemoyne, Cumberland County, Pennsylvania 17043. 5. On or about March 21, 2003, Mr. Graham and Mr. Hogg entered into a written year-long residential lease for the apartment on 322 North Front Street in Wormleysburg, Pennsylvania (see Attached Exhibit A). 6. On or about March 21, 2003, Mr. Graham paid to Mr. Hogg a sum of$425.00 as a security deposit for the premises. 7. On November 1, 2004, Mr. Graham signed a new lease with Mr. Hogg for an apartment on 111 South Third Street in Lemoyne, Pennsylvania(see Attached Exhibit B). The initial security deposit made on or about March 21, 2003 was retained and no additional money for a security deposit was required. 8. Mr. Graham continued to reside on the leased premises until December 1, 2012. At this time, Mr. Graham vacated the premises and left the key to the premises in the kitchen drawer as instructed by Mr.Hogg. All rent had been paid. 9. Mr. Graham wrote a letter to Mr. Hogg approximately two weeks after vacating the leased premises, requesting the return of the security deposit and providing a current address for the Mr. Hogg to send the security deposit to. 10. Despite Mr. Graham's repeated demands for the return of the security deposit, Mr. Hogg has failed to return said security deposit, or any portion thereof, within thirty days, nor did he account for its disposition in writing. 11. On June 7, 2013, Mr. Hogg filed a timely appeal from an adverse judgment previously entered against him and in favor of Mr. Graham in the amount of$850.00 (Cumberland Docket No.: MJ-09102-CV-0000053-2013). COUNT (Statutory: Landlord and Tenant Act) 12. Paragraphs 1 through 9 are incorporated herein by reference. 13. Pursuant to 68 P.S. § 250.512 (a) and (b), Mr. Graham is entitled to the return of his full security deposit because Mr. Hogg failed to timely provide Mr. Graham with a written accounting for refusing to return said deposit or any portion thereof. WHEREFORE, Plaintiff demands that judgment be entered in his favor against Defendants in the amount of Four Hundred and Twenty-Five Dollars ($425.00), together with costs to the benefit of the County of Cumberland as compensation for Plaintiff s forma pauperis status herein. COUNT II (Statutory: Landlord and Tenant Act) 14. Paragraphs 1 through 11 above are incorporated herein by reference. 15. Alternatively, Plaintiff asserts a claim against Defendants pursuant to the provision of 68 P.S. § 250.512 (c). WHEREFORE, Plaintiff demands that judgment be entered in his favor against Defendants in the amount of Eight Hundred and Fifty Dollars ($850.00), together with costs to the benefit of the County of Cumberland. COUNT III (Statutory: Consumer Protection Law) 16. Paragraphs 1 through 13 above are incorporated herein by reference. 17. Residential lease transactions are subject to the provisions of Pennsylvania's Unfair Debt Collection Practices and Consumer Law Protection("C.P.L."). 18. The conduct described herein, namely the withholding of a security deposit based upon untimely, false, and/or inflated damage claims, constituted a fraudulent and deceptive practice so as to implicate said law. 19. The C.P.L. provides for the recovery by Plaintiff of up to three times his actual damages, together with reasonable attorney fees. 20. Defendants' conduct in the post-settlement events in this case has been unreasonable and vexatious. WHEREFORE, Plaintiff demands judgment in his favor and against Defendants in the amount of One Thousand Two Hundred and Seventy-Five Dollars ($1,275.00), together with costs to the benefit of the County of Cumberland and reasonable attorney fees payable to MidPenn Legal Services, plus any additional fees which accrue after the filing and service of this Complaint. Respectfully Submitted, MIDP N L AL SERVICES Date: 4 �3 Nick Matash, Esquire Atty ID: 87916 213-A North Front Street Harrisburg, PA 17101 (717) 232-0581, ext. 2106 VERIFICATION I verify that the statements made in this Amended 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. Section 4904, relating to unsworn falsification to authorities. Date: Christoph r Graham CHRISTOPHER GRAHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TIM HOGG and NO. 2013 —3288 CIVIL HOGG PROPERTIES, LLC, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW,this 29TH day of AUGUST, 2013, it appearing that the pleadings are still open, and there being no indication that the amended complaint has been served, Plaintiff's request that a trial date be set is DENIED. 4th u , Edward E. Guido, J. Nick Matash 401 East Louther Street Suite 103 Carlisle, Pa. 17013 c Tim Hogg �. a P.O. Box 624 . New Cumberland, Pa. 17070 ' ' 8'� :sld � --, Q6 1 e.s �t LscjL 8 �i3 CHRISTOPHER GRAHAM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • vs. : NO. 13-3288 • TIM HOGG AND HOGG • PROPERTIES, LLC, : Defendant : CIVIL ACTION - = rn i77 1- ' -< N3 ;c- r.- PRAECIPE TO REINSTATE COMPLAINT y To the Prothonotary: Please reinstate the Complaint filed in this action. Respectfully submitted, MIDPENN LEGAL SERVICES Date: I i 12-212c3 " C-xL-4/ttQ Jaim M. Esq. Haley, Es Y q Attorney I.D. No. 205255 MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 ext. 2513 Attorney for Plaintiff CHRISTOPHER GRAHAM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • vs. : NO. 13-3288 • TIM HOGG AND HOGG • PROPERTIES, LLC, Defendant : CIVIL ACTION CERTIFICATE OF SERVICE I, Jaime M. Haley, Esquire, of MidPenn Legal Services, attorney for the Plaintiff, Christopher Graham,hereby certify that I am serving a copy of the Praceipe to Reinstate Complaint on the Defendants, on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Tim Hogg P.O. Box 624 New Cumberland, PA 17070 Tim Hogg 322 Equus Drive Camp Hill, PA 17011 Hogg Properties, LLC 322 North Front Street Apartment 5 Wormleysburg, PA 17043 MIDPENN LEGAL SERVICES C /�7 DATE: 1 f Z ( ° - C t a.D Jai e M. Haley, Esquire Attorney for Defendant Supreme Ct. ID #205255 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 U f t: E ," 0 T H 1;.1 203 NOV 22 Ml = 4 # ' COUli THE COURT OF COMMON PLEAS r,646 oh e r hg{rNN SY L I ill OF CUMBERLAND COUNTY Plaintiff : PENNSYLVANIA vs. :No. 13- 3Z Crir h and flo97 Proper4ies,LLC , : CIVIL ACTION Defendant -j- ; C I, 'ee.J ih Coe/L , hereby certify that on the 23th day of 5.4c,,,\ cr, 20 /3, I served t ;.,� t- occ with a true and correct copy of Cillt A c t t OA hW[ 3 3Z rot dated 1 th day of A� t 2013 , by the following method: 't-t r., 1�bel5 was personally served with a true and correct copy of the above pleading by hand-delivering the same togas set forth in Pa. R.C.P. §402. Personal service was made at the following location and time: At 3 a S 13r el Sc, St on the Z. day of ce. *c. V,er- , 20 13 , at L/:Z 1 Cut,Nbc.Lc.ir 4 o'clock p .m. I verify that the statements made in this certificate of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: "?..:3 Se ff. 2o13 Sig ature Ve cot Printed Name SHERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAnderson i- ;L� Sheriff fir HE PROTHONOTARY RY .,,„ 6T irN dio,��Yr Jody S Smith o 2013 DEC 1 i AM 10: 0 ! Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor ©FF)CEOF THE& RIFF PENNSYLVANIA • Christopher Graham Case Number vs. 2013-3288 Timothy J. Hogg SHERIFF'S RETURN OF SERVICE • 12/05/2013 07:26 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint & Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Timothy J. Hogg at 305 Bridge Street, New Cumberland Borough New Cumberland, PA 17070. // 3/ BRIAN GRZ OSKI' EPUTY SO ANSWERS, IIII / - December 06, 2013 RONNY R ANDERSON, SHERIFF (c)CountySuito Sheriff,Tofeosott.Inc. 1 CHRISTOPHER GRAHAM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA • i� • l''''' vs. : NO. 13-3288 ' r--, • r r € TIM HOGG AND NOGG • ---- ;j PROPERTIES, LLC, `---- • Defendant : CIVIL ACTION L_ PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT -'' A/alitcs Ao-a`)ed TO THE PROTHONOTARY: Please enter a judgment by default in favor of Plaintiff, CHRISTOPHER GRAHAM and against the Defendant, TIM HOGG, in the amount of$1,275.00, the amount sought in his Complaint, for failure to file within the required time, an Answer to Plaintiffs Complaint. Plaintiff does not seek and Prothonotary should not enter judgment against Defendant, Hogg Properties, LLC, which has filed for Chapter 11 Bankruptcy. I hereby certify that a written notice of intention to file this Praecipe was mailed to Defendant, on December 26, 2013, a copy of which is attached hereto. Date: 0( 0(0 ( zcf ( )7(1,c;'(,.,CP - OCT° � ��� `' F I Jame M. Haley, Es q. c � q ,1 Attorney I.D. No. 205255 MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 ext. 2513 Attorney for Plaintiff -}o tio`�t o K 7c cl k�J��.� .r�..r L 4144 re" 4,�i*r� y au. 14 it c 71irs is /^'� y r i CHRISTOPHER GRAHAM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA • vs. : NO. 13-3288 TIM HOGG AND HOGG • PROPERTIES, LLC, • Defendant : CIVIL ACTION TO: Tim Hogg DATE OF NOTICE: December 26, 2013 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. 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 following Office to find out where you can get legal help: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 Date: 1Z / / �C? t 5 �.i ;tA-CCU r c ). ' 0. r f Jaime M. Haley, Esq. �f Attorney I.D. No. 205255 MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 ext. 2513 Attorney for Plaintiff David J. Lanza I.D.No. 55782 2132 Market Street I: is�;_ Attorney for Defendants Camp Hill,Pennsylvania 17011 �; ' ;;t.i r ; (717)730-3775 219 14IJAN 16 PM 14 [� CHRISTOPHER GRAHAM, Pt r'� ISYLtt'�« IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 13-3288 V. ; CIVIL ACTION—LAW TIM HOGG and HOGG PROPERTIES, Defendants DEFENDANTS' PETITION TO STRIKE OR, IN THE ALTERNATIVE, TO OPEN PLAINTIFF'S JUDGMENT PURSUANT TO Pa.R.C.P. 237.3 1. Plaintiffs entered a default judgment against Defendants on Plaintiff's Complaint on or about January 6, 2014. 2. Plaintiffs judgment has been entered in violation of the United States Bankruptcy Code, under which Hogg Properties, LLC enjoys protection. 3. This Petition has been filed within 10 days since the entry of judgment pursuant to Pa.R.C.P. 237.3(b). 4. Defendants have a meritorious defense to the allegations of Plaintiffs' Complaint. A true and correct copy of Defendants' proposed Answer with New Matter is attached hereto as Exhibit "A". 5. A copy of this Petition has been forwarded to Plaintiff's Counsel pursuant to Rule 208, and Plaintiff's Counsel has not concurred in this Petition. 6. No judge has entered an Order in this matter. WHEREFORE, Defendants respectfully requests that this Honorable Court enter an Order striking the judgment against them. In the alternative, Defendants request that this Honorable Court enter an Order opening the judgment and staying all proceedings pending a resolution of this Petition. Respectfully submitted, By: David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Defendants 14-57 VERIFICATION I, David Lanza, counsel for Defendant, verify that the statements made in the foregoing PETITION are true and correct to the best of my knowledge, information and belief. The statements contained herein constitute matters of record, conclusions of law and facts known personally to counsel. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: By: David Lanza CERTIFICATE OF SERVICE AND NOW, this C�`'llay of January 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing PETITION upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Jaime Haley, Esquire Mid-Penn Legal Services 401 East Lowther Street Carlisle, PA 17013 By: _ //Xl Da ' J. Lanza David J. Lanza I.D.No. 55782 2132 Market Street Attorney for Defendants Camp Hill,Pennsylvania 17011 (717) 730-3775 CHRISTOPHER GRAHAM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 13-3288 V. CIVIL ACTION —LAW TIM HOGG and HOGG PROPERTIES, Defendants ANSWER 1. Denied. Defendants have no knowledge of Plaintiff's address. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The Landlord was Hogg Properties, LLC, not Tim Hogg. 6. Denied. The deposit was given to and held by Hogg Properties, LLC. 7. Denied. The Landlord was Hogg Properties, LLC. 8. Denied. It is denied that all rent had been paid, as Plaintiff had paid only through November. 9. Denied. Plaintiff sent no letter. Hogg Properties, LLC learned of Plaintiff's address only through Plaintiff's filing. 10. Denied. Hogg Properties, LLC sent $ 98.17 to Plaintiff, via check # 1005, along with an itemized list of damages. 11. Denied. This is a de novo matter. The proceedings at the District Justice are irrelevant. 12. Denied. The denials of%% 1-11 are incorporated herein. 13. Denied. Mr. Hogg is not the landlord. Hogg Properties, LLC provided a partial refund and an itemized list in a timely fashion. 14. Denied. The denials of%% 1-13 are incorporated herein. 15. Denied. This averment constitutes a conclusion of law that requires no responsive pleading. 16. Denied. The denials of T% 1-15 are incorporated herein. 17. Denied. This averment constitutes a conclusion of law that requires no responsive pleading. 18. Denied. There has been no false claims. This averment is inconsistent with Plaintiff's prior claims that no list of damages has been provided. 19. Denied. This averment constitutes a conclusion of law that requires no responsive pleading. 20. Denied. It is denied that Defendants' conduct is as represented by Plaintiff. Plaintiff does not specify what he means by "post-settlement events." Wherefore, Defendants request that this Honorable Court dismiss the aforesaid Complaint and enter judgment in favor of Defendants.. New Matter 21. Defendants incorporate the denials of¶¶ 1 - 20 as if set forth in full. 22. Defendant Hogg Properties, LLC has enjoyed the protection of federal bankruptcy law since September 2, 2013. 23. Defendant's bankruptcy is docketed at 1:13:BK:04522. 24. Plaintiff has received notice of this bankruptcy. 25. Despite receiving notice of this bankruptcy, Plaintiff sued and entered judgment against Hogg Properties, LLC. 26. Plaintiff's conduct is sanctionable under federal bankruptcy law. 27. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 28. Defendant Tim Hogg was not a party to the Leases in question. Y 29. Plaintiff has failed to state a claim under the Consumer Protection Statute. 30. Plaintiff has failed to set forth a misrepresentation committed by either Defendant. WHEREFORE, Defendants respectfully request that Plaintiffs' Complaint be dismissed and that judgment be entered in favor of Defendants.. Respectfully ubmitted, David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Defendants 14-057 David J. Lanza 3 I.D.No. 55782 2132 Market Street Attorney for Defendants Camp Hill, Pennsylvania 17011 (717) 730-3775 CHRISTOPHER GRAHAM, • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • • NO. 13-3288 v. • • CIVIL ACTION —LAW TIM HOGG and HOGG PROPERTIES, Defendants ORDER AND NOW, in consideration of the Petition of Defendants, a Rule is hereby issued upon Plaintiff to show cause, if any he has, why the relief requested in Defendants' Petition should not be granted. Rule returnable within X) days of this Order. All proceedings to stay in the meantime. By the • l//i A.l U.01/L/ ,,A 0/`,' J. Distribution: ✓ David Lanza, 2132 Market Street, Camp Hill, PA 17011 ..sue rnvo ./Jaime Haley, Esquire, 401 East Lowther Street, Carlisle, PA 17013 u.,‹ CN.) ear"b fita t 1-CIL iD-11 CZ) Ci / 3/!Y �, 2314 FEB 1 Howard Miskey, Esquire � .�� NOUN `f Atty ID: 29463 (,yp,M1A MidPenn Legal Services 513 Chestnut Street Lebanon, PA 17042 (717) 274-2834, ext. 3104 (717) 274-0379 (fax) hiniskeygmidpenn.org CHRISTOPHER GRAHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 13-3288 TIM HOGG and HOGG PROPERTIES, LLC, Defendant CIVIL ACTION PRAECIPE FOR ENTRY OF APPEARANCE AND WITHDRAWAL OF APPEARANCE Please enter the appearance of Howard Miskey, Esquire, of MidPenn Legal Services whose address is 513 Chestnut Street, Lebanon, PA 17042 as Attorney for Christopher Graham the Plaintiff in the abo e-captio e c s Dated FebruarytO, 2014 ✓4 O ARD IS Y Attorney I.D. #29\463 - Please Withdraw the appearance of Jaime Hale , Esquire and Nick Matrsh, jire. Dated OZ-1 lb (4 Jaime - y Datedd i k Matas CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE AND WITHDRAWAL OF APPEARANCE has been served this 10 day of February,2014 by first class mail, postage prepaid,upon the following person: David J. Lanza Attorney at Law 2132 Market Street Camp Hill, PA. 17011 MIDPENN LEGAL SERVICES By: Ho _and Miske sq •ire Attorney for Plaintiff 513 Chestnut Street Lebanon, PA. 17042 (717) 274-2834 Attorney ID No. 29463 E, F' Howard Miskey, Esquire J h H 0 #H ` ' t Atty ID: 29463 2014 FELL 10 PM MidPenn Legal Services 5 CUMBERLAND COUNTY 13 Chestnut Street PENNSYLVANIA Lebanon, PA 17042 (717) 274-2834, ext. 3104 (717) 274-0379 (fax) hmiskey@midpenn.org CHRISTOPHER GRAHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 13-3288 TIM HOGG and HOGG PROPERTIES, LLC, Defendant CIVIL ACTION PLAINTIFF'S ANSWER TO RULE TO SHOW CAUSE WHY DEFENDANT'S PETITION TO STRIKE OR OPEN PLAINTIFF'S JUDGEMENT SHOULD NOT BE GRANTED Plaintiff, Christopher Graham,by his undersigned counsel, Howard Miskey and MidPenn Legal Services, Answers the Rule to Show Cause as follows: 1. Plaintiff has no objection to the opening of the judgment entered in this matter as it was filed within ten(10) days of its entry and otherwise meets the requirements for opening the judgment provided in Pa. R.C.P.No. 237.3 (b). Respect lly S itte , Date- �! / 1 How rd Mis ey, E quire Atty ID #294 MidPenn Leg ervices 513 Chestnut et Lebanon, PA 17042 (717) 274-2834, ext. 3104 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PLAINTIFF'S ANSWER TO RULE TO SHOW CAUSE has been served this 10 day of February,2014 by first class mail,postage prepaid,upon the following person: David J. Lanza Attorney at Law 2132 Market Street Camp Hill, PA. 17011 MIDPENN LEGAL SERVICES By: (/ d Howard Mis ei Attorney for 513 Chestnut Lebanon, PA (717) 274-2834 Attorney ID No. 29463 �r 1IE P 2514 FEB 26, t vi 2= 03 CUMBERLAND E:1UN"a` PENtivLVANIA CHRISTOPHER GRAHAM, IN THE COURT OF COMMON PLEAS_ Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 13-3288 TIM HOGG and HOGG PROPERTIES, LLC, Defendant CIVIL ACTION ORDER AND NOW,upon consideration of Plaintiff's Answer to this Court's Rule to Show Cause why Defendants' Petition to Strike or Open Plaintiff's Judgment pursuant to Pa. R.C.P. 237.3 (b) should not be granted, in which Plaintiff indicates no objection to the relief requested, IT IS HEREBY ORDERED that the Judgment entered by default on January 6, 2014 by the Prothonotary is Opened and the Answer and New Matt er that was attached to Defendants' Petition shall be deemed filed as of the date of this Order. BY COU a Si /y Date J Di nbution: ✓D��id Lanza, Esquire 2132 Market Street, Camp Hill, PA. 17011 ./Howard Miskey, Esquire 513 Chestnut Street, Lebanon, PA. 17042 Cnor.;) mw-LsL If David J. Lanza -;U !y Nek .16 PM -a3 I.D.No. 55782 / 2132 Market Street �e"y`�'Y��'"�� Attorney for Defendants Camp Hill,Pennsylvania 17011 (717) 730-3775 CHRISTOPHER GRAHAM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 13-3288 V. CIVIL ACTION —LAW TIM HOGG and HOGG PROPERTIES, Defendants ANSWER 1. Denied. Defendants have no knowledge of Plaintiff's address. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The Landlord was Hogg Properties, LLC, not Tim Hogg. 6. Denied. The deposit was given to and held by Hogg Properties, LLC. 7. Denied. The Landlord was Hogg Properties, LLC. 8. Denied. It is denied that all rent had been paid, as Plaintiff had paid only through November. 9. Denied. Plaintiff sent no letter. Hogg Properties, LLC learned of Plaintiff's address only through Plaintiff's filing. 10. Denied. Hogg Properties, LLC sent $ 98.17 to Plaintiff, via check # 1005, along with an itemized list of damages. 11. Denied. This is a de novo matter. The proceedings at the District Justice are irrelevant. 12. Denied. The denials of%% 1-11 are incorporated herein. 13. Denied. Mr. Hogg is not the landlord. Hogg Properties, LLC provided a partial refund and an itemized list in a timely fashion. 14. Denied. The denials of 111-13 are incorporated herein. 15. Denied. This averment constitutes a conclusion of law that requires no responsive pleading. 16. Denied. The denials of T¶ 1-15 are incorporated herein. 17. Denied. This averment constitutes a conclusion of law that requires no responsive pleading. 18. Denied. There has been no false claims. This averment is inconsistent with Plaintiff's prior claims that no list of damages has been provided. 19. Denied. This averment constitutes a conclusion of law that requires no responsive pleading. 20. Denied. It is denied that Defendants' conduct is as represented by Plaintiff. Plaintiff does not specify what he means by "post-settlement events." Wherefore, Defendants request that this Honorable Court dismiss the aforesaid Complaint and enter judgment in favor of Defendants.. New Matter 21. Defendants incorporate the denials of%J 1 - 20 as if set forth in full. 22. Defendant Hogg Properties, LLC has enjoyed the protection of federal bankruptcy law since September 2, 2013. 23. Defendant's bankruptcy is docketed at 1:13:BK:04522. 24. Plaintiff has received notice of this bankruptcy. 25. Despite receiving notice of this bankruptcy, Plaintiff sued and entered judgment against Hogg Properties, LLC. 26. Plaintiff's conduct is sanctionable under federal bankruptcy law. 27. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 28. Defendant Tim Hogg was not a party to the Leases in question. 29. Plaintiff has failed to state a claim under the Consumer Protection Statute. 30. Plaintiff has failed to set forth a misrepresentation committed by either Defendant. WHEREFORE, Defendants respectfully request that Plaintiffs' Complaint be dismissed and that judgment be entered in favor of Defendants.. Respectfully ubmitted, David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Defendants 14-057 Howard Miskey, Esquire Atty ID: 29463 MidPenn Legal Services 513 Chestnut Street Lebanon, PA 17042 (717) 274 -2834, ext. 3104 (717) 274 -0379 (fax) hmiskey @midpenn.org CHRISTOPHER GRAHAM, Plaintiff vs. TIM HOGG and HOGG PROPERTIES, LLC, Defendant r• 1 2��f Ff� PRO 11.1 �'.�U?:�. 4 41 PENNSYV��U ' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13 -3288 : CIVIL ACTION PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER Plaintiff, Christopher Graham, by his undersigned counsel, Howard Miskey and MidPenn Legal Services, Answers the Defendant's New Matter as follows: 1. Paragraph 21 does not require a response. 2. In response to Paragraph 22, Plaintiff was without knowledge of the filing of a Chapter 11 Bankruptcy action on September 2, 2013 by Defendant, Hogg Properties, LLC as he never received Notice of such filing and he is not listed as a creditor of Defendant Hogg Properties LLC, as evidenced by the Creditor List from the docket of the U.S. Bankruptcy Court for the Middle District of PA. in Case No. 1- 13- bk- 04522- RNO, which is attached hereto as Exhibit A and incorporated herein. 3. Paragraph 23 is admitted only with regard to Defendant, Hogg Properties, LLC. Such is denied as to Defendant, Tim Hogg. 4. Paragraph 24 is denied, as is evidenced by Exhibit A attached. 5. Paragraph 25 is denied, as is evidenced by Exhibit A attached. In addition, Plaintiff's suit was filed on June 19, 2013 and his Amended Complaint was filed on August 7, 2013, both of which occurred before the Bankruptcy Court filing by Defendant, Hogg Properties, LLC. In addition, when Plaintiff became aware of the Bankruptcy filing by Defendant, Hogg Properties, LLC, he took appropriate steps to limited his Praecipe for Entry of Default Judgment for failure to file an Answer to the First Amended Complaint served by the Sherriff on Defendant, Tim Hogg personally, to Tim Hogg individually, and not against Hogg Properties LLC, as evidenced by Plaintiff's Praecipe for Entry of Judgment by Default, attached hereto as Exhibit B and incorporated herein. 6. Paragraph 26 is denied for the above reasons. 7. Paragraph 27 is a conclusion of law and is denied. 8. Paragraph 28 is denied. Such leases, which were attached as Exhibits to Plaintiff's First Amended Complaint, with which Defendant, Tim Hogg was served personally by the Sheriff on December 5, 2013, make reference to Timothy Hogg as the Landlord and such leases contain no reference to Hogg Properties, LLC. 9. Paragraph 29 is a conclusion of law and is denied. 10. Paragraph 30 is a conclusion of law and is denied. WHEREFORE, Plaintiff requests this Court to enter judgment in his favor against Tim Hogg, as sought in his First Amended Complaint. Date: 3 3 l 1 Respect lly Sub6 ted, �1 L3 iiiJi �..A Howa'd Miske Atty ID # 29463 MidPenn Legal Sery 513 Chestnut Street Lebanon, PA 17042 (717) 274 -2834, ext. 3104 VERIFICATION I, Christopher Graham, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. a -7 -�� Date Christopher Graham USBC PAM - LIVE - VERSION 5.1 Page 1 of 7 1:13 -bk- 04522 -RNO Hogg Properties, LLC Case type: bk Chapter: 11 Asset: Yes Vol: v Honorable: Robert N Opel II Date filed: 09/02/2013 Date of last filing: 02/03/2014 Creditors BOONS PROPERTY MAINTENANCE (4387690) 600 N SECOND STREET WORMLEYSBURG, PA 17043 (cr) c/o Richard J. Parks, Esq. Pietragallo Gordon Alfano Bosick & Raspa (4405559) 7 West State Strete, Suite 100 (cr) Sharon, PA 16146 CAPITAL ONE PO BOX 70183 CHARLOTTE, NC 28272 -1083 CARDMEMBER SERVICES PO BOX 790408 ST LOUIS, MO 63179 -0408 COMMERCIAL RECOVERY BUREAU INC REPRESENTING KONHAUS (4387693) PO BOX 59104 (cr) DALLAS, TX 75229 CREDENTIAL LEASING 3525 N SIXTH STREET HARRISBURG, PA 17110 (43 87691) (cr) (4387692) (cr) CREDENTIAL LEASING 3525 N SIXTH STREET HARRISBURG, PA 17110 CUMBERLAND COUNTY TAX BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 (4370646) (cr) (4387694) (cr) (4387695) (cr) Daimler Trust c/o BK Servicing, LLC (4380770) PO Box 131265 (cr) Roseville, MN 55113 -0011 Daimler Trust PO Box 562088, Suite 900 North Dallas, TX 75247 cr Th<1,\?k'rk-. (4422845) (cr) https : / /ecfpamb.uscourts.gov /cgi- bin /CreditorQry.pl ?339632366086085- L_1_0 -1 2/6/2014 USBC PAM - LIVE - VERSION 5.1 Page 2 of 7 DAUPHIN COUNTY TAX CLAIM BUREAU (4387696) 2 SOUTH SECOND STREET 1ST FLR . (cr) PO BOX 1295 HARRISBURG, PA 17108 DAUPHIN COUNTY TREASURER COURTHOUSE ROOM 105 (4387697) 101 MARKET STREET (cr) HARRISBURG, PA 17101 -2078 DAVID LANZA (4370650) 2132 MARKET STREET CAMP HILL, PA 17011 (cr) DEBORAH POPP, TAX COLLECTOR (4387698) 1909 OLD TRAIL ROAD ETTERS, PA 17319 (cr) Dept of Labor & Industry -UCTS Commonwealth of PA Attn: Rhonda Hunsicker 625 Cherry Street, Room 203 Reading, PA 19602 ERIE INSURANCE 100 ERIE INSURANCE PLACE HARRISBURG, PA 16530 ERLICH 1539 BOBOLI DRIVE HARRISBURG, PA 17104 -3208 (4391347) (cr) (4370652) (cr) (4370653) (cr) FAITH NICOLA TAX COLLECTOR 510 HERMAN AVENUE (4387699) SUITE 4 (cr) LEMOYNE, PA 17043 FRONTIER COMMUNICATIONS (4370655) PO BOX 20550 ROCHESTER, NY 14602 -0550 (cr) FRONTIER COMMUNICATIONS (4387700) PO BOX 20550 (cr} ROCHESTER, NY 14602 -0550 GEORGETTE TINKEY 302 FORGEDALE DRIVE (4387701) CARLISLE, PA 17015 (cr) GEORGETTE TINKEY 302 FORGEDALE DRIVE CARLISLE, PA 17015 (4370656) (cr) https: / /ecfpamb. uscourts. gov /cgi- bin /CreditorQry.pl ?339632366086085 -L_ 1_0 -I 2/6/2014 US13C; YAM - LIVE - VERSION 5.1 Page 3 of 7 HEARTLAND PAYMENT SYSTEMS (4370657) ONE HEARTLAND WAY (cr) JEFFERSONVILLE, IN 47130 HERSHOCKS (4387702) 3501 N SIXTH STREET HARRISBURG, PA 17110 (cr) HOGG PROPERTIES, LLC (4387688) PO BOX 624 NEW CUMBERLAND, PA 17070 (cr) HOGG PROPERTIES, LLC (4370641) PO BOX 624 NEW CUMBERLAND, PA 17070 (cr) INTEGRITY BANK (4387703) 3345 MARKET STREET CAMP HILL, PA 17011 (cr) INTERNAL REVENUE SERVICE (4387704) PO BOX 7346 PHILADELPHIA, PA 19101 -7346 (cr) INTERNAL REVENUE SERVICE (4370660) PO BOX 7346 PHILADELPHIA, PA 19101 -7346 (cr) L.P. REALTY GROUP LP C/O CONRAD C LICKEL (4402501) 510 FISHING CREEK ROAD (cr) HARRISBURG, PA 17112 L.P. Realty Group LP (4402500) c/o Conrad C Lickel 510 Fishing Creek Road (cr) L.P. Realty Group, L.P. (4388545) 500 Fishing Creek Valley Road Harrisburg, PA 17112 (cr) LANDMARK COMMERCIAL REALTY 20 ERFORD ROAD (4387705) SUITE 215 (cr) CAMP HILL, PA 17011 LANDMARK COMMERCIAL REALTY 20 ERFORD ROAD (4370661) SUITE 215 (cr) CAMP HILL, PA 17011 LAWRENCE G. FRANK (4370642) THOMAS LONG NIESEN & KENNARD (cr) https : / /ecfparnb.uscourts.gov /cgi- bin /CreditorQry.pl ?339632366086085 -L 1 0 -1 2/6/2014 USBC PAM - LIVE - VERSION 5.1 Page 4 of 7 212 LOCUST STREET SUITE 500 HARRISBURG, PA 17101 LAWRENCE G. FRANK THOMAS LONG NIESEN & KENNARD (43 87689) 212 LOCUST STREET SUITE 500 (cr) HARRISBURG, PA 17101 LEMOYNE BOROUGH SEWER CO FREEDOM SYSTEMS CORP (4387706) PO BOX 440 (cr) OAKS, PA 19456 -0440 MAY AND MAY 4330 CARLISLE ROAD CAMP HILL, PA 17011 MAY AND MAY 4330 CARLISLE ROAD CAMP HILL, PA 17011 MEMBERS 1ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE PO BOX 40 MECHANICSBURG, PA 17055 MEMBERS 1ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE PO BOX 40 MECHANICSBURG, PA 17055 MERECEDES BENZ FINANCIAL SERVICES PO BOX 5209 CAROL STREAM, IL 60197 -5209 MERECEDES BENZ FINANCIAL SERVICES PO BOX 5209 CAROL STREAM, IL 60197 -5209 MET ED PO BOX 3687 AKRON, OHIO 44309 -3687 (4370663) (cr) (4387707) (cr) (4370664) (cr) (4387708) (cr) (4370665) (cr) (4387709) (cr) (4387710) (cr) Metropolitan Edison A FirstEnergy Co Bldg 3 (4413061) 331 Newman Springs Rd (cr) Red Bank NJ 07701 MID PENN BANK 8904 N RIVER ROAD HALIFAX, PA 17032 (4387711) (cr) https : / /ecf.pamb.uscourts.gov /cgi- bin /CreditorQry.pl ?339632366086085 -L_ 1 _0 -1 2/6/2014 USBC PAM - LIVE - VERSION 5.1 Page 5 of 7 Mid Penn Bank (4374958) 5500 Allentown Boulevard (cr) Harrisburg, PA 17112 NAICIR (4387712) PO BOX 8910 CAMP HILL, PA 17011 (cr) PA DEP OF LABOR & INDUSTRY (4370668) PO BOX 68572 HARRISBURG, PA 17106 -8572 (cr) PA DEP OF LABOR & INDUSTRY (4387713) PO BOX 68572 HARRISBURG, PA 17106 -8572 (cr) PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE (4387714) PO BOX 280946 (cr) HARRISBURG, PA 17128 -0948 PAWC (4387715) PO BOX 371412 PITTSBURGH, PA 15250 -7412 (cr) PAWC (4370670) PO BOX 371412 (cr) PITTSBURGH, PA 15250 -7412 PENN WASTE (4387716) PO BOX 3066 (Cr) YORK, PA 17402 Pennsylvania Department of Revenue (4402644) Bankruptcy division, P 0 Box 280946 Harrisburg P A 17128 -0946 (cr) PP &L (4370672) 2 NORTH 9TH STREET ALLENTOWN, PA 18101 -1175 (cr) PP &L (4387717) 2 NORTH 9TH STREET ALLENTOWN, PA 18101 -1175 (cr) RF FAGER (4387718) 2058 STATE ROAD CAMP HILL, PA 17011 (Cr) RF FAGER (4370673) 2058 STATE ROAD CAMP HILL, PA 17011 (cr) https : / /ecf.pamb.uscourts.gov /cgi- bin /CreditorQry.pl ?339632366086085 -L 1 0 -1 2/6/2014 USBC PAM - LIVE - VERSION 5.1 Page 6 of 7 SUSQUEHANNA TOWNSHIP AUTHORITY (4370674) 1900 LINGLESTOWN ROAD (cr) HARRISBURG, PA 17110 -3301 SUSQUEHANNA TOWNSHIP AUTHORITY (4387719) 1900 LINGLESTOWN ROAD HARRISBURG, PA 17110 -3301 (cr) SUSQUEHANNA TOWNSHIP SCHOOL DIST REAL ESTATE TAX DEPT (4387720) PO BOX 60547 (cr) HARRISBURG, PA 17106 -0547 SWARTZ CAMPBELL TWO LIBERTY PLACE (4370676) 50 S 16TH STREET28TH FLOOR (cr) PHILADELPHIA, PA 19102 SWARTZ CAMPBELL TWO LIBERTY PLACE (4387721) 50 S 16TH STREET28TH FLOOR (cr) PHILADELPHIA, PA 19102 TALLEY PETROLEUM (4387722) 10046 ALLENTOWN BOULEVARD GRANTVILLE, PA 17028 (cr) UGI (4387723) PO BOX 15523 WILMINGTON, DE 19886 -5523 (cr) UNITED WATER (4370679) 8189 ADAMS DRIVE (cr) HUMMELSTOWN, PA 17036 UNITED WATER (4387724) 8189 ADAMS DRIVE (Cr) HUMMELSTOWN, PA 17036 VERIZON WIRELESS (4370680) PO BOX 4003 ACWORTH, GA 30101 (cr) VERIZON WIRELESS (4387725) PO BOX 4003 ACWORTH, GA 30101 (cr) WASTE MANAGEMENT (4387726) 107 SYLVIA STREET EWING, NJ 08628 (cr) (4387727) (cr) https : / /ecfpamb.uscourts.gov /cgi- bin /CreditorQry.pl ?339632366086085 -L 1_0 -1 2/6/2014 USBC PAM - LIVE - VERSION 5.1 WELLS FARGO PO BOX 3487540 SACRAMENTO, CA 95834 YORK COUNTY TAX CLAIM BUREAU ADMINISTRATION CENTER (4387728) 28 EAST MARKET STREET (Cr) YORK, PA 17401 -1577 Page 7of7 PACER Service Center ITransaction Receipt I 02/06/2014 12:06.27 I PACER Login: mi0593 Client Code: graham Creditor List Description• ' Search Criteria: 1:13 -bk- 04522 -RNO Creditor Type: cr Billable Pages: 3 Cost: 0.30 https: / /ecf.pamb.uscourts.gov /cgi- bin /CreditorQry.pl ?339632366086085- L_I_0 -1 2/6/2014 r CHRISTOPHER GRAHAM, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 13 -3288 TIM HOGG AND HOGG PROPERTIES, LLC, Defendant : CIVIL ACTION PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: 1-cP p{��cs *A‘14 Please enter a judgment by default in favor of Plaintiff, CHRISTOPHER GRAHAM and against the Defendant, TIM HOGG, in the amount of $1,275.00, the amount sought in his Complaint, for failure to file within the required time, an Answer to Plaintiff's Complaint. Plaintiff does not seek and Prothonotary should not enter judgment against Defendant, Hogg Properties, LLC, which has filed for Chaptei 11 Bankruptcy. I hereby certify that a written notice of intention to file this Praecipe was mailed to Defendant, on December 26, 2013, a copy of which is attached hereto. Date: t Q 2G r y C .4,UP me M. Haley, Esq. Attorney I.D. No. 205255 MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243 -9400 ext. 2513 Attorney for Plaintiff 7Ars i3 40411, y� � TC.s (*par a. / «NA' $ s a rsI y wt+. f 1, „a 6 v44 0414 .. ' Draftee /4 / /,'Gl Jo) a. /4 V14. B" CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER has been served this 3'�day of- F-ebraary;2014 by first class mail, postage prepaid, upon the following person: David J. Lanza Attorney at Law 2132 Market Street Camp Hill, PA. 17011 MIDPENN LEGAL SERVICES Bv: How rd Miske , Attorney for Plaint 513 Chestnut Stre Lebanon, PA. 1704 (717) 274 -2834 Attorney ID No. 29463 quire CHRISTOPHER GRAHAM, : IN THE COURT OF COMMON PLEAS i r P Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 13-3288 rn : CIVIL ACTION =7) TIM HOGG and HOGG -c PROPERTIES, LLC, Defendants a c PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT a -0 Gi c.n Howard Miskey; Esquire, counsel for Plaintiff in the above action; respectfizily represents that: 1. The above -captioned action is at issue. 2. The claim of the Plaintiff in this action is for $2,550.00. There is no counterclaim by Defendant in this action. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Howard Miskey, Esquire and David Lanza, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Dated May I%2014 Ho and Miske, , Esq?uire MidPenn Legal ervices Attorney for Plaintiff 513 Chestnit Street Lebanon, PA. 17042 Attorney I.D. No. 29463 ORDER OF COURT AND NOW, , 2014, in consideration of the foregoing petition, Esq. and Esq. are , Esq. ; appointed arbitrators in the above -captioned action as prayed for. BY THE COURT, P.J. CHRISTOPHER GRAHAM, IN THE COURT OF COMMON PLEAS .r-P Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA y9^i ... vs. NO. 13-3288 - CIVIL ACTION �; TIM HOGG and HOGG : `=?yc- PROPERTIES, LLC, � Defendants : PETITION FOR APPOINTMENT OF ARBITRATORS -. TO THE HONORABLE, THE JUDGES OF SAID COURT Howard Miskey, Esquire, counsel for Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in this action is for$2,550.00. There is no counterclaim by Defendant in this action. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Howard Miskey, Esquire and David Lanza, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three(3) arbitrators to whom the case shall be submitted. 9 A v "IP' , {-,1 Dated May Ii/2014 2,4l f ' Ho and Miske , Es 0 uire MidPenn Legal ervices Attorney for Plaintiff 513 Chestnit Street . Lebanon, PA. 17042 Attorney I.D. No. 29463 ORDER OF COURT it,db_2Z AND NOW, ,�2014, in consideration of the foregoing petition, ! , Esq. ; 9//ined,t 6;24,Esq. and o�1Gt' . Esq. are appointed arbitrators in the above-captioned action as prayed for. c -a= rw F :'_ z ~< .)�:. .— &L, Cli.z�c BY THE COURT, cnr Ts.) 7')c: c, 11j,,(5 //ca./r'/1' _sue )..1A4 �,c c 114 CHRISTOPHER P. GRAHAM : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. TIM HOGG and HOGG PROPERTIES LLC, Defendants : CIVIL ACTION - LAW : NO. 13-3288 CIVIL ORDER AND NOW, this 16* day of July, 2014, the appointment of Wade Manley, Esquire, as a member of the Board of Arbitrators in the above -captioned case is VACATED. James Proctor, Jr., Esquire, is appointed in his place. ohn Kerr, Esquire Chairman Court Administrator ,-( ?L.cL :rim e��y r�tL�L BY THE COURT, C. CHRISTOPHER GRAHAM In the Court of Common Pleas of Cumberland TIM HOGG and HOGG PROPERTIPgn,aC Defendant County, Pennsylvania No, 13 Civil Action — Law. -3288 Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth an that we will discharge the duties of our office with fidelity. )11. Si'ature John M. Kerr, Esquire Name (Chairman) John Kerr Law, PC Law Firm 5010 Ritter Road, Ste. 109 Address Mechanicsburg, PA 17055 City, Zip Signature James DeCinti, Esquire Name Pion, Nerone, Girman, Winslow & Smith Law Firm Payne Shoemaker Bldg. 10Floor 240 North Third Street Address Harrisburg, PA 17101 City, Zip 4 A A.4 4.1/4 ANI0494°." nature es Proctor, Esquire Name Law Firm 35 East High Street, Suite 202 Address Carlisle, PA 17013 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) (/44/ , (IL 6J, 4 emodi-LhoLti °W -f: 00, frit, Ont elit"ttr 144"ti;?,' CA 14,-r) i' 24/ 61244 dleLt 4 ater Ary, latyytirtici c 64 44 (z,v1 s -ray, .Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: September 26, 2014 Date of Award: .3‘4 Aoty \pater-. (Chairman) Notice of Entry of Award Now, the —2 6 day of , 20 , at //M , A .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. mpensation to be .aid upon appeal: $ By: Arbitrato s' Prothonotary Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER GRAHAM, Plaintiff, V. TIM HOGG, Defendant CIVIL ACTION - LAW .• . CASE NO 13-3288 ,_•• 3;:. •-** --i C.,, ''• ...-• C-- (-7 . - -.-4' ....- ..... ..., - , ., . PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Please enter a judgment in favor of Plaintiff, Christopher Graham and against Defendant, Tim Hogg, in this matter in the amount of $425.00. Such judgment is entered pursuant to Pa. R.C.P. No. 1307 (c) since 30 days have passed since entry of the Award by the Board of Arbitrators on September 26, 2014 and no appeal has been taken by the Defendant. Date: Cc: David J. Lanza, Esquire How.rd Miske, E • Attorney for Plaint! MidPenn Legal Se 513 Chestnut Street Lebanon, PA. 17042 Office of the Prothonotary Cumberland County One Courthouse Square Suite 100 Carlisle, PA 17013 (717) 240-6195 DAVID D. BUELL PROTHONOTARY In accordance with Rule 236 of the Pennsylvania Supreme Court, this is to notify you that the following judgment was entered against you in this office. Plaintiff: Christopher Graham Defendant: Tim Hogg Docket Number: 13-3288 Civil Term David D. Buell, Prothonotary