Mark Fox and Thuong Fox, v. Peter Cook, Glenda Cook, Ted Kleinsasser, Just for You Construction, LLC, Gary Kunkle, Premier Residential Services, Star Management, and Complete Disaster Services, LLC.

Mark Fox and Thuong Fox, v. Peter Cook, Glenda Cook, Ted Kleinsasser, Just for You Construction, LLC, Gary Kunkle, Premier Residential Services, Star Management, and Complete Disaster Services, LLC.

Civil Action-Negligence-Trespass-Conversion of Timber-Residential Construction-Subcontractor Error-Tree Removal from Adjacent Property-Pleading-Motion for Judgment on the Pleadings-Failure to State a Claim

Mark and Thuong Fox (“Plaintiffs”) own property, a portion of which is adjacent to property owned by Peter and Glenda Cook (“the Cooks”).  The Cooks hired Ted Kleinsasser (“Kleinsasser”), the owner of Just for You Construction, LLC, to timber and to construct a home upon the property.  Kleinsasser indicates that he hired a subcontractor, Clearlot, to perform the actual timbering on the Cooks’ lot.  Just for You Construction, LLC, was hired to survey the Cooks’ Lot, which hired Complete Disaster Services, LLC, to clear the lot for construction of the Cooks’ residence.  Plaintiffs filed a Complaint alleging that Complete Disaster Services, LLC, removed one-quarter (1/4) acre of trees from their property while timbering the Cooks’ property without their knowledge or consent.  After the Cooks filed Preliminary Objections to the Complaint in the nature of a demurrer on the basis that Plaintiffs failed to state a claim against them, Plaintiffs filed an Amended Complaint removing the Cooks as Defendants.  However, Complete Disaster Services, LLC, filed an Answer with New Matter and Crossclaims identifying the Cooks as Defendants.  The Cooks filed a Motion for Judgment on the Pleadings. 

1.  Under Pa.R.C.P. Rule 1034(a)(b), any party may move for judgment on the pleadings after the pleadings are closed.

2.  An award of judgment on the pleadings is proper only when there are no disputed issues of fact and the moving party is entitled to judgment as a matter of law.

3.  The court must accept as true all well pleaded statements of fact, admissions and any documents properly attached to the pleadings presented by the party against whom the motion is filed considering only those facts that specifically have been admitted. 

4.  Where Plaintiffs never state any factual allegations of wrongdoing against the Cooks and no pleadings of any party allege fault on the Cooks’ part, no disputed issues of fact exist establishing any potential liability on the Cooks’ part such that Cooks are entitled to judgment on the pleadings.

L.C.C.C.P. No. 2023-0-1300, Opinion by Charles T. Jones, Jr., Judge, May 8, 2025.