A different "home invasion" scenario here in PA

[wanneroo]

I heard about this today and found it somewhat of a different "home invasion" scenario and thought it might be interesting for other forum members to weigh in with what legalities they think might come into play or what action they might take.

Wednesday night a Wellsboro couple came home to find they'd been kicked out of their own house and someone else was moving in.

Pennsylvania State Police say Gary Husted, 68, from Tioga entered a home in Delmar Township using a key he had gotten from a mutual connection.

Once inside, he began moving the home owner's property out-and his own in.

The couple living there found their belongings under a tarp outside their home, with a car in their driveway. Husted was inside and refused to leave.

The owners called police and Husted was taken into custody.

He is charged with burglary and theft among other charges.

http://www.wnbt.net/news.htm

Personally myself I would probably look at this as a burglary in progress and take appropriate action if the perp did not respond to verbal commands to leave.

[God's Country]

I too would look at this as a hostile situation, and act accordingly.

Very bizarre BTW.

[Palerider]

I wonder if he thought the owners would be away long enough for him to make a claim to residency. There's been a few stories recently where people have moved in as hired help or renters only to say we're not working or paying our rent. They stay long enough that the homeowners only recourse is to proceed with a lengthy eviction process. 'Free' housing for 2-3 months.

[knight0334]

Burglary requires the unlawful entrance with intent to commit a crime. An unknowing landlord doing such probably doesn't have intent, therefor it wouldn't be a burglary.

Now, he would be guilty of other violations. There is a lawful method of eviction, and if a landlord doesn't follow the rules he can be in hot water.

[cruzans]

Never heard of that here in the States. I know people that have summer homes in places like Dominican Republic where they have to have "house sitters" when they are not there because if a house is left vacant for so long, squatters can move in and take claim - lol.

[2DogsBarking]

Me: leave now
Squatter: no
bust 1ST KNEE
ME: leave
Squatter: no
Me: bust 2nd knee - leave
Squatter: Umm...no

Me: digs hole......solves problem

[90volts]

Burglary requires the unlawful entrance with intent to commit a crime. An unknowing landlord doing such probably doesn't have intent, therefor it wouldn't be a burglary.

Now, he would be guilty of other violations. There is a lawful method of eviction, and if a landlord doesn't follow the rules he can be in hot water.

But they are not there legally. I would think tin at least trespassing. There must be something on the books about taking possession of another's property too if not burglary.

[Mitch10mm]

Apologize and load my crap up and get off the other persons property. Find a nicer place more to my liking and move their stuff outside and cover it with a tarp. Move my stuff in.

[wanneroo]

There are lots of summer or hunting cabins up here or just regular homes people visit on a regular basis and they live elsewhere. There seem to be few issues though. A few years ago there was a gang of clowns ripping out piping and other metal from cabins as well as stealing other things of value. The PSP eventually found them out.

Definitely a bizarre case. It does appear the victims are the homeowners. But the question is why the home key was given to the perp by another party and what the story is on all that.

My view on this and based on what I know with the law is that if it's my home, I return home to a burglary in progress with an offender inside of the home, the law assumes the home invader is there to commit a violent felony and I can respond with a use of force.

[LordTobias]

The likelihood of this not ending in the use of force should something like this happen to me is very, very slim. Really, what the hell do these assholes think they can get away with? I don't even think I would have shot him. Someone like this needs a good ass kicking and a couple miles dangling from a chain hooked up to a car.

I'm happy the homeowner got this taken care of, but something is really weird here.