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HomeMy WebLinkAbout13-5738 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT j COMMON PLEAS No. 1 - 5-73? 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 AD SS OF A PE T CITY r p STATE ) ZIP CODE DATE OF J DGME T IN THE CASE OF (Plaintiff) (Defendant)' ti ? t 3 G 1-( 1 ) Po DOCKET Nd. SIGNATUR�OR GENT M) o c,v o 3 -Io13 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. 10088. 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 & ��,� � 1C �t�� '"� 1 appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. / 0 3 C ,11 ✓ '1 within twenty (20) days after service of rule or suffer entry of judgment of non pros. T Signature of appellant or attorney or agent RULE: To l,rf -t f kv, It) 1) appellee(s) Nam of appellees) (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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: /0 ' 20 l 3 !ltdAl,NUd rig 8 � /� o o O N V ^18 3 f11.1 n � Signature of Prothonotary or Deputy 1' I i J Utz 90 11;; - �� ]C �� 1Y# ((jj�� 1 YOU MUST INCLUDE A COPY OF THE NOTI� b AZE1�7T R&CRIPT FORM WITH THIS NOTICE OF APPEAL. J 3.50 ''"`i.€"; C'� c { r�.l. f ".l AOPC 312 -05 Gat k COMMONWEALTH: OF PENNSYLVANIA Notic;e'of Judgment/Transcript Civil COUNTY OF CUMBERLAND x Case Mag. Dist. No: MDJ- 09 -1 -01 Gregory Ehren Huss MDJ Name: Honorable Charles A. Clement Jr. V. Address: 920 Linda Lane Tim Hogg Camp Hill, PA 17011 Telephone: 717- 737 -3434 Tim Hogg Docket No: PO Box 624 Case Filed: 8/12/2013 New Cumberland, PA 17070 Disposition Summary (cc - Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-091 01 -CV-0000319-2013 Gregory Ehren Huss Tim Hogg Judgment for Plaintiff 09/27/2013 Judgment Summary Participant Joint /Several Liability Individual Liability Amount Gregory Ehren Huss $0.00 $0.00 _ $0.00 Tim Hogg $0.00 $5,421.50 $5,421.50 Judgment Finding ( *Post Judgment) In the matter of Gregory Ehren Huss vs. Tim Hogg on 9/27/2013 the judgment was awarded as follows: Judgment Component Joint /Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00. $5,250.00 $5,250.00 Costs $0.00 $171.50 $171.50 Grand Total: $5,421.50 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 JUDGMENTITRANSCRIPT 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. r.... i r F. ^V' r A/ 11 Date Magisterial District Judge Charles A. Clement Jr.c = ^` I certify that this is a true and correct copy of the record of e proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 09/30/2013 9:11:51AM Gregory Ehren Huss Docket No.: MJ-091 01 -CV-0000319-2013 V. Tim Hogg . .Participant List Plaintiff(s) Gregory Ehren Huss 98 Aqueduct Rd Duncannon, PA 17020 Defendant(s) Tim Hogg PO Box 624 New Cumberland, PA 170f0 MDJS 315 Page 2 of 2 Printed: 09/30/2013 9:11:51AM a ;'f'}}'J OCT 15 NI 7'; rill BERLt4 50 C.,u '. ( ,x PENNSYLVANIA 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.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby(swear)(affirm)that I served /3-5738 ❑ a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge 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 services by(certified)(registered)mail, sender's receipt attached hereto. (SWO (ADAM OF� ND STICRIBED BEFORE ME Cs*tiN—Signature of o icial be ore whom affidavit was made Signature of affiant £bOZ 'LZ'oaQ sand x3 uolssl dw w wo0 i( 03 PUepagwn0 clog puepogwn0 MaN 911(lnd tietoN ld3S ldl J'l'73XO�r 1.YON 1 `l 102Iy0 ��°'�'►_ .�`o\� Title of official ti VINVAlASNN3d dO Hl-1 y3MNOStiw'00 My commission expires on ,20 COMMONWEALTH OF PENNSYLVANIA NOTAP,lAL SEAL CAROL L. T ROXELL, Notary Public New Cumberland Bore. Cumberland Co. My Commission Expires Dec. 27, 2013 AOPC 312A-05 U.S. Postal Servicer. CERTIFIED MAIL., RECEIPT U.S. Postal Service r, . " (Domestic Mail Only;No Insurance Coverage Provided) CERTIFIED MAIL RECEIPT Isi (Domestic Mail Only;No Insurance Coverage Provided) ..13 For delivery Information visit our website at www.usps.com,N, if) R7 i .° co For delivery information visit our website at www.usps.com r�l Postage $ ��.1� . - $1t.46 Ilf ' Certified Fee Postage $ j`n /`r � 0 Return Receipt Fee $2.'. C II' Certified Fee $ '111 I-� Z 0 (Endorsement Required) NI.j`��'� —�' Return Receipt Fee x•11,thl ! o i 0 Restricted Delivery Fee $0.11rP e � P 0 (Endorsement Required) \ �re ,3r (Endorsement Required) 'G�` _.\ �� t 0 �'1 r 0 Restricted Delivery Fee $fl.11ll p' 'Q. # 1041V/013" > (Endorsement Required) • i ai Total Postage&Fees $ 4 f 0 r9 '� Q`. Total Postage&Fees $3.56 10 i +,. Sent To Cr /) ) (4: `d ZS/ rg r� rL'.J-, V�k1�t ' Sent To + \ / _ i 0 Street Apt.No.; W 11 J) v ` 1 I`- or PO Box No. r9 Sheet,Apt.No.; City,State,Z1P+4 N or PO Box No. City,State,ZIP+4 PS Form 3800.August 2006 See Reverse for Instructions PS Form 3800.August 2006 See Reverse for Instructions COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. /3 —5-73 c' / 'f Cr,.t 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 AD ESS OF A PEI1T CITY STATE ZIP CODE DATE OF JII�lDGME T IN THE CASE OF(Plaintiff) /� I (D/efendant)' q I �.1� t 3 Cr(�f Ur, 1G N rva. (iv iy vs �1�, /4� DOCKET N .� SIGNATURE OF APPELLANT OR ATTORN R AGENT ivi j . v4' lol — CV,0 (2. 03lq -1,ai3 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 L Enter rule upon C.-r-c s.u.. k..L rv,, f L i) appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. /3 5`7 3 Se• d i/ , within twenty(20)days after service of rule offer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To GrLs 0 E kc ' IL t) , appellee(s) Name of appellee(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. e Date: 7/°'Z 20 / 3 v W VAIASN 3d _ {nryt t11� 3 4 �= Signature of Prothonotary or Deputy F�1n n 1 YOU MUST INCLUDE A COPY OF THE NOTICE O GWE� SCRIPT FORM WITH THIS NOTICE OF APPEAL. 5/a 3.S0 r..,0g f 0y II I AOPC 312-05 i --17:71 6,41.1- t 94 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND >E Case Mag. Dist. No: MDJ-09-1-01 Gregory Ehren Huss MDJ Name: Honorable Charles A. Clement Jr. v. Address: 920 Linda Lane Tim Hogg Camp Hill, PA 17011 Telephone: 717-737-3434 Tim Hogg Docket No: PO Box 624 Case Filed: 8/12/2013 New Cumberland, PA 17070 Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09101-CV-0000319-2013 Gregory Ehren Huss Tim Hogg Judgment for Plaintiff 09/27/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Gregory Ehren Huss $0.00 $0.00. $0.00 Tim Hogg $0.00 $5,421.50 $5,421.50 Judgment Finding (*Post Judgment) In the matter of Gregory Ehren Huss vs.Tim Hogg on 9/27/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability, Individual Liability Deposit Applied Amount Civil Judgment $0.00 $5,250.00 $5,250.00 Costs $0.00 $171.50 $171.50 Grand Total: $5,421.50 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. Qp Date Magisterial District Judge Charles A.Clement Jr. I certify 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:09/30/2013 9:11:51AM Gregory Ehren Huss Docket No MJ-09101-CV-0000319-2013 v. Tim Hogg Participant List Plaintiff(s) Gregory Ehren Huss 98 Aqueduct Rd Duncannon,PA 17020 Defendant(s) Tim Hogg PO Box 624 New Cumberland, PA 17070 MDJS 315 Page 2 of 2 Printed:09/30/2013 9:11:51AM District Court of Honorable Charles A. Clement Jr. 3 OCT 22 AM In: ti; Ere i 14g,4l j laintiff Common pleas number 13-5738 Civil Vs. Tim Hogg,defendant Complaint: Landlord and tenant act,breach of contract Plaintiff Gregory Huss brings forth the following causes of action and alleges the following: 1. Plaintiff is Gregory Huss and is a resident of Marysville,PA.previously resident of 322 N Front St. Wormleysburg PA 17043 2. Defendant is Tim Hogg and is the landlord of Hogg Properties and at the time of this complaint a resident of Etters, PA. 3. On June 10 2013 the apartment Gregory Huss was renting from the defendant, Tim Hogg, severely flooded. 4. On June 10 2013, Gregory Huss, retrieved as much as he could from his apartment before being forced to leave the property due to the flooding. 5. On June 11 2013, at approximately 11 am, Gregory Huss returned to the apartment to retrieve the clothing that was left the night before to do laundry because the clothing was covered in mud and water. 6. Upon return on June 11 2013, at approximately 12pm, Gregory Huss left the premises with the understanding when he returned later in the day his personal property would be found at the residence. 7.On June 11 2013, at approximately 3pm,the plaintiff returned to his apartment to find that all of his belongings were thrown into a dumpster,without his consent, or any notification under the instruction of Tim Hogg to his maintenance worker. 8. After moving out of the residence,Tim Hogg failed to give the plaintiff his security deposit, and also continued to take rent out of the plaintiff's bank account. Count 1-Breach of Contract Defendant failed to notify the plaintiff that his belongings were to be thrown out. Defendant also did not inform the plaintiff of the severity of the flooding that could occur in the basement apartments. Defendant was also asked multiple times by the burrow manager to not rent out the basement apartments because they flood often,which the defendant failed to inform the plaintiff. Plaintiff requests trail by jury. Damages Plaintiff seeks compensatory damages in the amount of$6,570 together with attorney fees and court costs. Dated on October 20, 2013 Gregory E. Huss 441"/M— Ore yov ! -HUBS Rio 13- Va Tim Hogg, 1-18-14 I`31 - 19 O Dal j\Jo-k. You have not responded to ar}y notice that you were given. On November 27th, 2013 you were served by Edgar J. Siptroth Jr. which started a 30 day period to respond before a default judgement is set. This is a 10 day notice to respond to the civil suit(Docket# 13-5738). If there is no response it will move toward a default judgement. r te: >- ,< c .- From, ct;z 5 Ii' at at zGregory Huss C) Z) I 1 David J. Lanza I.D.I4o. 55782 '2132 Market Street Pi I ED-U F F 11("E Attorney for Defendant Camp Hill,Pennsylvania 17011 .�. h r,rl (717)730-3775 - t�:ti t G7WD14 ,cc ZZLUB 10 AM 9: 55 CUMBERLAND COUNTY GREGORY HUSS, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. !3_ 5736 V. CIVIL ACTION—LAW TIM HOGG, Defendant PRELIMINARY OBJECTIONS 1. Plaintiff fails to state a claim upon which relief can be granted. 2. Plaintiff fails to itemize his damage claim with specificity. 3. Plaintiff fails to set forth causation between actual conduct of Defendant and Plaintiff's alleged losses. 4. Plaintiff fails to set forth a basis for attorney fees. 5. Plaintiff fails to include his current address on any filed documents. Wherefore, Defendant demands that Plaintiff's Complaint be dismissed. . Respectfully submitt , By: Davi J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, 'PA 17011 Telephone (717) 730-3775 Attorney for Defendant 14-58 u Certificate of Service AND NOW, this [ day of February 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing document 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 to P'laintiff's last known address as follows: Gregory Huss 322 North Front Street Wormleysburg, PA 17043 By: David J. Lanza IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW GREGORY HUSS Plaintiff vs. TIMOTHY HOGG Defendant : CIVIL ACTION, . NO. 3-013-033'' ) (-3• NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association, 32 S. Bedford Street, Carlisle, Pennsylvania - telephone number 717-249-3166 Jason D. Arnold Esquire PO Box 6462 Harrisburg, Pa 17112 717 412 1734 717 307 3417 jda a jdartao1diaw.com PA BAR# 205546 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW GREGORY HUSS Plaintiff vs. TIMOTHY HOGG Defendant . CIVIL ACTION, . NO. 240f— 6173 S( AMENDED COMPLAINT Gregory Huss, By and through his attorney undersigned below, alleges the following; 1. Gregory Huss, Plaintiff, (Huss) currently resides at 1107 Summerwood Dr. Harrisburg Pa 17111 2. Tim Hogg, Defendant, (Hogg) has a listed address of PO Box 624, New Cumberland, Pa 17070. 3. Hogg is the owner of real property located at 322 N. Walnut Street, Wormleysburg, Pa (The Property) 4. Huss entered into a lease agreement to rent an apartment at The Property prior to November, 1 '`, 2012. 5. Hogg did not provide a copy of the lease agreement referencing the Property to Huss after Huss signed the agreement. 6. Huss requested a copy of the lease agreement, but no copy was provided by Hogg. 7. Huss does not have a written copy of the lease available to attach to this complaint. 8. Hogg has a copy of the lease agreement available to him. 9. Huss moved into the property on Novermber 19`, 2012. 10. Huss gave to Hogg a security deposit of $450 prior to moving in. 11. On June 10th, 2013, the property flooded. 12. Huss left the apartment on June 10th, 2013 due to this flooding. 13. Huss paid for the June 2013 rent but had to leave early due to the flooding. 14. Hogg, by and through his agents, entered the property. 15. Upon entry of the property, Hogg, by and through his agents, caused the following damages. 1. Items thrown in to a dumpster with approximate values 1. Clothing $300 2. Couch $ 700 3. massage chair recliner $350 4. Gaming chair $75 5. Computer chair $145 6. 6foot table with skirting $150 7. Air conditioner $100 8. Bed frame, headboard $250 9. Bedding $200 10.3 drawer cubby $65 11. Dresser $200 12. Vacuum $120 13. Microwave $80 14. Kitchen appliances $180 15. Electronics $350 16. Canned food non perishable $120 17. Collectible knives $150 2. Items moved and secreted 1. Printer: moved from behind items in apartment to laundry room 2. 32 inch operable TV: moved to porch and not into dumpster 3. Items not in dumpster or intitially remaining on property 1. Glass TV stand -$200 -broken when a water heater was thrown on top of stand. 2. 46 inch TV -$850 -on same level as 32 inch TV but inoperable once recovered. 16. Such property was not damaged prior to disposal. 17. The manner of disposal by Hogg prevented any mitigation by Huss. 18. Huss moved out of the property. 19. Huss gave Hogg notice of his forwarding address as well as returning the apartment keys to Hogg. 20. As of July 9th, 2014, no security deposit return has been made. Count 1 -Negligence 21. Allegations 1-20 are reasserted here as asserted above. 22. Hogg as Landlord had a duty to his tenant, Huss, to not damage his personal property. 23. While Hoggmay have had a duty to enter due to the flooding, such duty did not including secreting and disposing of personal property not effected by the flooding. 24. Due to Hogg's breaching of his duty to Huss to not damage his personal property, Huss suffered a loss as outlined in paragraph 14. WHEREFORE Gregory Huss requests this Honorable Court to enter Judgment in his favor and against Timothy Hogg in the amount of $4585.00 and such other equities and penalties that this Court sees just. Count 2- First Breach of Contract 25. Allegations 1-23 are reasserted here as asserted above. 26. Huss and Hogg entered into a lease agreement on or before November 1', 2012. 27. A copy of this agreement was not provided to Huss and therefore cannot be attached to this Complaint. 28. A copy of this agreement should be in the possession of Hogg. 29. This lease agreement would have, as one of its terms, that entry to the property is limited and that rampant destruction of tenant's property would not be allowed. 30. The destruction of Huss' property was beyond the scope necessary to clean up after flooding of the property. 31. Hogg violated the terms of the lease. 32. Huss suffered damages, as outlined in paragraph 14 of $4585.00. WHEREFORE Gregory Huss requests this Honorable Court to enter Judgment in his favor and against Timothy Hogg in the amount of $4585.00 and such other equities and penalties that this Court sees just. Count 3 -Trespass to Property 33. Allegations 1-31 are reasserted here as asserted above. 34. Huss had exclusive control of the property during the lease agreement. 35. While not in possession of the lease agreement, such agreement would have stated that there was a limited right of entry by Hogg or his agents to the property. 36. During an entry by Hogg or his agents, more actions were taken beyond any possible scope of entry to address emergency issues. 37. An entry without the consent of the property holder is a trespass. 38. Hogg or his agents violated the limited access right to Huss' property in order to dispose of the property listed in paragraph 14. WHEREFORE Gregory Huss requests this Honorable Court to enter Judgment in his favor and against Timothy Hogg in such amount as this Court sees just. Count 4 -Security Deposit 39. Allegations 1-37 are reasserted here as asserted above. 40. Huss paid a security deposit of $450 to Hogg for the property on or before the date of move in. 41. As of July 911', 2014, Hogg has never returned the security depositor given an itemized list of damages that would warrant the keeping of the security deposit. WHEREFORE Gregory Huss requests this Honorable Court to enter Judgment in his favor and against Timothy Hogg in the amount of $450 and in any equity or amount as this Court sees just. Count 5- Attorney's Fees 42. Allegations 1-40 are reasserted here as asserted above. 43. Huss did not receive a copy of the lease from Hogg. 44. Many leases have a provision for the payment of attorney's fees in enforcing rights under the lease. 45. Huss as tenant had certain rights to property violated by Hogg during his occupancy of the property. 46. If the lease has a provision for the payment of attorney's fees when enforcing rights under the agreement, then attorney's fees are warranted. WHEREFORE Gregory Huss requests this Honorable Court to enter Judgment in his favor and against Timothy Hogg for reasonable attorney's fees and in any equity or amount as this Court sees just. Count 6 -Double Security Deposit 47. Allegations 1-45 are reasserted here as asserted above. 48. Huss paid Hogg a security deposit of $450. 49. As of July 9th, 2014, no accounting of the security deposit or the security deposit itself have been given to Huss. 50. Huss gave Hogg notice of his new address. 51.68 PS 250.512 under the Landlord/Tenant Law allows for the collection of double the security deposit plus interest to be paid to the tenant if the landlord does not account for or payback the security deposit. WHEREFORE Gregory Huss requests this Honorable Court to enter Judgment in his favor and against Timothy Hogg in the amount of $900 plus interest accruing from July 11°i, 2013 and in any equity or additional amount as this Court sees just. Count 7 -Trespass to Chattels 52. Allegations 1-51 are reasserted here as asserted above. 53. Hogg entered Huss' property on or after June 10th, 2013. 54. Hogg moved personal property out of the rented property, even if it was not damaged by the flooding. 55. Hogg moved property such as a printer and a television and did not place them to be demolished. 56. No reason was given for moving the property in such a manner. 57. Moving the property of another without their permission is a trespass to chattels. WHEREFORE Gregory Huss requests this Honorable Court to enter Judgment in his favor and against Timothy Hogg in such amount as this Court sees just. Count 8 -Quantum Meruit 58. Allegations 1-57 are reasserted here as asserted above. 59. Huss paid rent for June 2013 to Hogg. 60. Huss had to move out on June 10t, 2013. 61. Huss did not use another property owned by Hogg after that point. 62. Hogg benefited from Huss in the amount of $330. WHEREFORE Gregory Huss requests this Honorable Court to enter Judgment in his favor and against Timothy Hogg in the amount of $330 and in any equity or amount as this Court sees just. Count 9- Second Breach of Contract 63. Allegations 1-62 are reasserted here as asserted above. 64. Huss and Hogg entered into a lease agreement on or before November 1'`, 2012. 65. A copy of this agreement was not provided to Huss and therefore cannot be attached to this Complaint. 66. A copy of this agreement should be in the possession of Hogg. 67. This lease agreement would have, as one of its terms, that property would be provided to Huss in exchange for rent. 68. Huss paid rent for June 2013. 69. Due to Huss having to leave the property on June 10th, 2013, Huss paid for 20 days of exclusive use of property which he did not receive. 70. No arrangements or return of payments were made. 71. Hogg violated the terms of the lease. 72. Huss suffered damages by paying $330 in rent and not receiving exclusive use of property in return. WHEREFORE Gregory Huss requests this Honorable Court to enter Judgment in his favor and against Timothy Hogg in the amount of $330.00 and such other equities and penalties that this Court sees just. "7111 12.1,i Respectfully submitted, Jason D. Arnold, Esq. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW GREGORY HUSS Plaintiff vs TIMOTHY HOGG Defendant CIVIL ACTION No. 2013-05738 PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary, Kindly substitute the attached verification to Plaintiff's amended complaint in the above -captioned matter. Date: y' / `4/ 2-0'1 Jason D Arnold, Esq. Attorney k Plaintiff Page 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW GREGORY HUSS Plaintiff vs TIMOTHY HOGG Defendant CIVIL ACTION No. 2013-05738 VERIFICATION I verify that the statements made in Plaintiff's Amended Complaint are true and correct. I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: C _ 6 ! + q Grego ' us Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW GREGORY HUSS ; CIVIL ACTION Plaintiff No. 2013-05738 TIMOTHY HOGG Defendant CERTIFICATE OF SERVICE Pursuant to Pa.R.C.P. 440, I. Jason D. Arnold, Esq do hereby verify that a true and correct copy of the Praecipe to substitute verification was mailed, first class, postage pre -paid to the Attorney of Record; David Lanza, Esq 2132 Market St Camp Hill, Pa 17011-4706 on August 18th, 2014 Date: 46 ( 240_41 Signed: IN 'ii1J COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW GREGORY HUSS Plaintiff vs TIMOTHY HOGG Defendant CIVIL ACTION No. 2013-05738 N r:? c CERTIFICATE OF SERVICE Pursuant to Pa.R.C.P. 440, I. Jason D. Arnold, Esq do hereby verify that a true and correct copy of the Amended Complaint was mated, first class, postage pre -paid and Certified Mail to the Attorney of Record; David Lanza, Esq 2132 Market St Camp Hill, Pa 17011-4706 on August 5th, 2014 Date: 1:1‘, 7412Qj' i Signed: o' G Postage I s ,/.......- X '---N . A; Certified Fee 1 103''-% I lil \ (1\ 0 (elders -mord Required) )81._1,, �,� c a ), I Aiki_ i 5 ire i t 1_ rn r=r LI/ I I,1v b " .... rr Restricted Delivery Fee x it ,'r,t i i 0 (tnaorsement Hequlrea) 1 . .. I ! if k+art \y; David J. Lanza I.D. A. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 Attorney for Defendant GREGORY HUSS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. TIM HOGG, Plaintiff NO. 2013 -5738 CIVIL ACTION — LAW Defendant PRELIMINARY OBJECTIONS to AMENDED COMPLAINT 1. Plaintiff fails to state a claim upon which relief can be granted. 2. Plaintiff seeks attorney fees without setting forth any legal basis for said fees. 3. Plaintiff seeks damages on a contract, while including causes of action sounding solely in tort. 4. Plaintiff's tort claims are barred by the doctrine of the gist of the action. Wherefore, Defendant demands that Plaintiff's Complaint be dismissed. 14-58 By: Respectfully submitted, David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Defendant Certificate of Service AND NOW, this j. day of September 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing document 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 to Plaintiff's last known address as follows: John Arnold Box 6462 Harrisburg, PA 17112 By: David J. Lanza IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW GREGORY HUSS Plaintiff vs TIMOTHY HOGG Defendant CIVIL ACTION No. 2013-05738 Plaintiff's Preliminary Objections to Defendant's Preliminary Objections Count 1: Insufficient specificity in pleading 1. Defendant alleges in count 1 of their preliminary objections that Plaintiff fails to state a claim upon which relief can be granted. 2. Plaintiff makes 9 different claims for relief. 3. The pleading is insufficient to alert plaintiff which claim is a claim upon which relief cannot be granted. WHEREFORE, plaintiff Gregory Huss moves this Honorable Court to strike defendant Timothy Hogg's preliminary objection and direct him to file an answer within twenty days of the order. Count 2: Legal insufficiency in a pleading 4. Defendant alleges in count 3 of their preliminary objections that plaintiff makes claims based on a contract while including claims that sound in tort. 5. Defendant alleges in count 4 of their preliminary objections that plaintiff claims are barred by gist of the action. 6. Gist of the action does not preclude tort and contract claims to be asserted together in a complaint. 7. Plaintiff asserts claims based on trespass and the lease agreement. 8. The duty not to trespass exists outside of the lease agreement. 9. Gist of the action precludes a tort action where the breached duty is created by a contract. 10. Gist of the action does not apply to Plaintiff's claims as the duty to not trespass exists outside of the lease agreement. 11. The pleading is legally insufficient. WHEREFORE, plaintiff Gregory Huss moves this Honorable Court to strike defendant Timothy Hogg's preliminary objection and direct him to file an answer within twenty days of the order. Count 3 insufficiency in pleading 12. Count 2 of the preliminary objections by defendant states that plaintiff fails to make out a case for attorney's fees. 13. The original pleading states that a. There is a writing, the lease agreement. b. A copy of this writing is unavailable to Huss, but is available to Hogg. c. The terms of the writing may include a provision for the award of attorney's fees for the successful suit of enforcing rights under the lease agreement. d. If the writing in Hogg's possession states that provision, then Huss, upon success of this action, is entitled to attorney's fees. 14. Defendant makes no allegations as to how that pleading is insufficient. 15. Defendant failed to plead with specificity. WHEREFORE, plaintiff Gregory Huss moves this Honorable Court to strike defendant Timothy Hogg's preliminary objection and direct him to file an answer within twenty days of the order. Respectfully Submitted, Jason D. Arnold, Esq Attorney for Gregory Huss Date: it/21-//)-dicr