Steve Markevich/ Serpent's Den

Dave and anyone wishing to comment. Please read the entire thread before making comments or assumtions.

Ya know, I have read and read this thread trying to work it all out in my mind and someone feel free to correct any misperception.
The only way it all makes sense is Mr. Markevich irresponsibly allowed himself to sink into a hole and kept digging to the point his landlord called his unpaid debt due. Of course I am ignoring the other responsibilities he was ignoring.
The landlord announced his intention to confiscate property if not paid and Mr. Markevich attempted, in person or by proxy, to salvage his most valuable animals first then his lesser. Fully understandable.
Somewhere in the middle of all this the landlord caught on to what was happening and blocked the salvage effort fearing a total loss on what was owed him.
The animals, no longer being cared for, suffered and some died.
Then the law became involved, likely at the landlords request due to his unwillingness to deal with the animals.

Am I off here? If so would someone please write up the time line as you see it?

Originally Posted by John E Dove

The landlord announced his intention to confiscate property if not paid and Mr. Markevich attempted, in person or by proxy, to salvage his most valuable animals first then his lesser. Fully understandable. Somewhere in the middle of all this the landlord caught on to what was happening and blocked the salvage effort fearing a total loss on what was owed him.

In PA residential leasing, a landlord can not evict, lock out or confiscate property without following the appropriate system set in place by state law (as I outlined in post #62). Commercial leasing may be different or their may have been something in Steve M's lease stating that he gave up his rights (which, according to my residential leasing paperwork, if their is something in a lease that opposes state law, state law trumps the lease if it gets to court).

Assuming that PA residential rental law is the same (or very close) as commercial rental law...What Steve M said the landlord did is illegal. Being that Steve M admitted to eviction proceedings pending (which according to him were not issued until after the confiscation of the animals), I think it's pretty safe to say that the landlord started the process appropriately, but something happened that shouldn't have in regards to access to the animals being denied and then them being confiscated.

Thank you Ms. Kunder.
Like yourself I am not familiar with Pennsylvania Commercial Rental Laws but having read through this thread I believe I am safe in assuming that Mr. Markevich was primarily responsible for what occurred due to his failure to pay his debts et al.
Please note that I did not say totally responsible but rather primarily responsible.
It would seem to me that whatever the laws of that state are the shame, in regard to the animals, is bared by more than one party in this matter. First by the debtor for his default, whether by intent negligence or poor planning, then by the landlord by either his illegal actions or his neglect.
In any case I, and the plaintiff I am sure, am glad I do not have to sit on the bench or jury deciding this one since I am of the belief that the one to commit the first crime is responsible for what results from that crime.

all of this comes down to monies owed ! Usually under normal circumstances, the landlord gets an eviction notice from the court and places it on the face of the door. By that time, if the tenant is smart enough, he is gone by then with whatever inventory he desires to take. Whatever he leaves is usually discarded by the landlord either by private removal or dropped on the sidewalk for vultures to grab at.. That certainly was not the case here. With Steve his irresponsibility from previous exploits are not isolated.. He had ample time and opportunity to move out his animals. He knew he was going out of business and did nothing to even protect his own interests until it moved into the hands of the authorities. So now he has not only civil liabilities but criminal as well.. An eventual outcome.

Originally Posted by KNOBTAIL

Usually under normal circumstances, the landlord gets an eviction notice from the court and places it on the face of the door. By that time, if the tenant is smart enough, he is gone by then with whatever inventory he desires to take.

That is exactly how it is done in Indiana. As a landlord you file in small claims court, the judge will issue an eviction notice. The tenant will then have XX amount of days to vacate the property after receiving the eviction notice. Anything left after the eviction date is considered abandoned property.

We all run across circumstances in our lives that force us to make tough decisions. Choices that we plain dont want to have to choose between, never dreamed we would have to choose between. If you have never had to make those kinds of choices in your life yet, thank your lucky stars. If you have made some bad choices that left you at rock bottom then you know there are no easy choices left. Every choice you make at this point is going to cause suffering somewhere.

None of us know the full story around this whole thing. No one can say what the circumstances were surrounding Steve and what bad decisions he made. Because yes he made some bad decisions, not necessarily unethical decisions, just not the right decisions. Otherwise he never would have been at rock bottom and forced to make some harsh choices.

Ultimately no one is to blame for this whole thing but Steve. But that dont mean Steve wanted any of this to go down like it did. I am sure his master did not include going into debt, getting a criminal record and causing the suffering and death of his animals.

I didnt see Steve out trying to pull some master scam to save his financial ass. So I really dont see Steve intentionally or maliciously causing any of this to happen either.

When a landlord is going to evict for nonpayment, he must go to the local courthouse and get a "notice to quit". This is usually a notice to vacate within 30 days. The tenant has the right to go before the judge or magistrate, and plead their case, if they believe the eviction is illegal or unfair (they almost never do). If they are not out by then, an actual eviction notice can be issued.

The eviction notice usually gives the tenant 10 - 15 more days to get out. If they are not out by then, the landlord can go to the premises with a marshall, and forcibly evict the tenant and his/her property. Anything left after that becomes property of the landlord.

The landlord must follow this procedure. He cannot just waltz in and confiscate property.

The one good thing about hitting rock bottom is from there there's noplace to go but up.

Originally Posted by Bill Stonegate

When a landlord is going to evict for nonpayment, he must go to the local courthouse and get a "notice to quit". This is usually a notice to vacate within 30 days. The tenant has the right to go before the judge or magistrate, and plead their case, if they believe the eviction is illegal or unfair (they almost never do). If they are not out by then, an actual eviction notice can be issued.

The eviction notice usually gives the tenant 10 - 15 more days to get out. If they are not out by then, the landlord can go to the premises with a marshall, and forcibly evict the tenant and his/her property. Anything left after that becomes property of the landlord.

That is not Pennsylvania state law (where Steve M resides).

Instead of repetitively going back and forth about what is and is not illegal regarding Pennsylvania commercial rental law (I already detailed Pennsylvania residential rental law)...I will go into the magistrates office and pick up the information myself on Monday (barring me going into labor between now and then ). I live literally down the road from the magistrates office, so it's no big deal. It will once and for all tell us if what the landlord did was in fact illegal per state law so that whole argument can be put to rest.

Originally Posted by TripleMoonsExotic

That is not Pennsylvania state law (where Steve M resides).

Instead of repetitively going back and forth about what is and is not illegal regarding Pennsylvania commercial rental law (I already detailed Pennsylvania residential rental law)...I will go into the magistrates office and pick up the information myself on Monday (barring me going into labor between now and then ). I live literally down the road from the magistrates office, so it's no big deal. It will once and for all tell us if what the landlord did was in fact illegal per state law so that whole argument can be put to rest.

Fair enough. I just woke up, and must have missed your post detailing PA commercial rental laws.