United States District Court, M.D. Pennsylvania
REPORT & RECOMMENDATION
William I. Arbuckle U.S. Magistrate Judge.
August 23, 2019, Michael McPerhson ("Defendant")
filed a Notice of Removal, along with: (1) a notice of
removal that was filed in state court on August 23, 2019,
(Doc. 1-2); (2) a notice of intent to sue the Administrative
Office of York County Courts and York County Courts filed in
state court on August 21, 2019, (Doc. 1-3, p. 1); (3) two
copies of a request for the transcript of a proceeding held
in the York County Court of Common Pleas on January 15, 2019,
(Doc. 1-3, pp. 3, 6); (4) the response to Defendant's
request for a transcript, which explains that the proceeding
at issue was not a record proceeding, (Doc. 1-2, p. 2); (5)
an application for a continuance in the state law case
Village Realty v. McPherson, 2018 SU-000146 (C.P.
York Cty.) and a proposed order, (Doc. 1-3, pp. 4-5); and (6)
an Order signed by Judge Clyde W. Vedder denying
Defendants' request for a continuance (Doc. 103, p. 7).
Defendant also filed a separate document entitled
"County Court Record from York County." (Doc. 4
appears to be seeking removal of a state court
landlord-tenant case that originated in York County based on
a series of, what I construe as, counter-claims in which he
alleges Plaintiff Village Realty violated multiple federal
statutes. Defendant paid the filing fee.
reasons explained below, IT IS RECOMMENDED that this case be
REMANDED to the York County Court of Common Pleas because
this Court lacks subject-matter jurisdiction.
BACKGROUND & PROCEDURAL HISTORY
removal documents submitted by Defendant suggest that
Defendant is attempting to remove a landlord-tenant dispute
initiated by Defendant's Landlord, Village Realty
("Plaintiff) in February of 2018, for possession of the
premises. Specifically, Defendant alleges that:
Original case was filed by Plaintiff, Village Realty by their
attorney Kurt Blake, Esq. in the York County Court, York
County, Pennsylvania. On Feb. 9, 2018 Relating to a
Landlord-Tenant Money Judgment and Possession Demand relating
to rental property located at 611 Green Meadows Dr,
Dallastown, York County, Pennsylvania 17313. Plaintiffs
Attorney, Kurt Blake, Esq. filed with the state court an
improper and altered lease contract. Attorney Blake sent the
same false-fake lease contract to the Defendant via the U.S.
Mail. In subsequent state court filings, the Plaintiff
continued sending via U.S. Mail the known to be fake lease
contract to the Defendant.
In a state court order dated July 2nd, 2018, the Honorable
Judge Andrea Strong denied the Plaintiffs Motion for Summary
Judgment based upon the evidence the Defendant provided to
the state court, the true and correct original lease.
(Doc. 1, pp. 3-4).
of the state court docket shows that, on January 3, 2018,
landlord/tenant complaint was filed by Plaintiff. Village
Realty v. McPherson, No. MJ 19202-LT-0000001-2018
(Magis. Ct. York Cty). On January 10, 2018, a judgment was
entered in favor of Plaintiff. Id. On January 22,
2018, Defendant filed a possession appeal, and that the
result of the appeal was unsuccessful. Id. On July
10, 2018, Plaintiff requested an order of possession, and
that its request was granted. Id. On July 23, 2018,
Defendant filed second possession appeal. Id. Based
on the documents attached to Defendants' notice of
removal, an appeal of this matter is currently pending before
the York County Court of Common Pleas. (Doc. 1-3, p. 4)
(application for continuance filed in the York County Court
of Common Pleas in Village Realty v. McPherson, No.
2018-SU-000146 (C.P. York Cty.))
contends that "removal is based on federal question
because a federal question is visible with the 8/21 order and
initial pleading filed by Village Realty (Plaintiff)."
(Doc. 1, p. I). Specifically, Defendant alleges ...