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Village Realty v. McPherson

United States District Court, M.D. Pennsylvania

October 24, 2019

VILLAGE REALTY, Plaintiff
v.
MICHAEL MCPHERSON, Defendant

          RAMBO, D.J.

          REPORT & RECOMMENDATION

          William I. Arbuckle U.S. Magistrate Judge.

         I. INTRODUCTION

         On 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 et seq.).

         Defendant 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.

         For the 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.

         II. BACKGROUND & PROCEDURAL HISTORY

         The 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).

         Review 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.))

         Defendant 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).[1] Specifically, Defendant alleges ...


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