HARRISBURG – A company that owns a Biglerville property is seeking an order for an individual and a company to remove their chattel from its property.
Hauser Family Farms LLC filed a complaint on March 8 in the U.S. District Court for the Middle District of Pennsylvania against Atomic Dog LLC and Donald R. Hoffman alleging intentional and continuing trespass and private nuisance.
According to the complaint, the plaintiff owns the property and buildings at 410 Cashtown Road in Biglerville. The suit states Hauser Estate filed a petition of bankruptcy on July 31, 2018, and on Nov. 29, 2018, Hoffman purchased the Hauser Estate's physical assets pursuant to a binding asset purchase agreement. No lease agreement was included in the sale of the assets, the suit states.
The plaintiff alleges prior to the sale, Hoffman told the plaintiff and bankruptcy trustee that he would either negotiate a lease agreement with the plaintiff or vacate the premises.
The closing took place on Dec, 20, 2018, the suit states, and sometime later Hoffman transferred ownership of the physical assets that he purchased under the agreement to Atomic Dog. The plaintiff alleges neither defendant has removed the physical assets from the estate or executed a lease agreement, and it has demanded they vacate the premises.
The plaintiff is seeking an order for the defendants to immediately remove their chattel, to enjoin them from entering the premises, attorney fees and court costs. The plaintiff is represented by John W. Croumer and others of Post & Schell P.C. in Lancaster.
U.S. District Court for the Middle District of Pennsylvania case number 1:19-CV-00418-CCC