Professional Documents
Culture Documents
v.
Thomas F. Clauss, Jr.
Individually and doing business as
ARMCO Body Company, and
ARMCO Construction Company, and
Railroad Recovery, Inc.,
defendants :
# 00439
complains against the defendants, Thomas Clauss, Jr., individually and doing
business as ARMCO Body Company, and ARMCO Construction Company, a
Pennsylvania Corporation, and Railroad Recovery Inc., a Pennsylvania
Corporation, and each of them, and for a cause of action alleges and says as
follows.
1. Plaintiff is Linda Miller, an individual owning real property in the City of
Philadelphia, a municipal corporation of the Commonwealth of Pennsylvania.
2. First defendant is Thomas Clauss, Jr., an individual and citizen of the
Commonwealth of Pennsylvania having a principal office and place of business in
the City of Philadelphia.
3. At all times relevant, Thomas Clauss, Jr. conducted his business under
the alter ego ARMCO Body Company.
4. ARMCO Body Company is an unincorporated, unregistered fictitious
entity and is the alter ego of Thomas Clauss, Jr.
5. At all times relevant, Thomas Clauss, Jr. conducted his business under
the alter ego ARMCO Construction Company.
6. At all times relevant, Thomas Clauss, Jr. conducted his business under
the alter ego Railroad Recovery Inc.
7. Second defendant is the ARMCO Construction Company, a Pennsylvania
corporation maintaining a principal place of business in the City of Philadelphia.
8. Third defendant is Railroad Recovery Inc., a Pennsylvania corporation
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Branch and identified as Line Code 0301, situate in the City and County of
Philadelphia in the Commonwealth of Pennsylvania, all as indicated by PS on
Conrail Case Plan No. 69717, sheets 1 and 2 of 2; being further described as
follows: beginning at approximately Mile Post 4.2, being the southerly line of
Cayuga Street and extending thence in a general northerly direction to
approximately Mile Post 4.8, being the northerly line of Rockland Street, the
place of ending.
12. The said May 22, 1990, conditional agreement of sale is attached
hereto and incorporated herein and marked Exhibit A.
13. On September 21, 1994 Consolidated Rail Corporation, ARMCO Body
Company, Thomas Clauss, Jr., and Railroad Recovery Inc. did enter into a Release
and Indemnity Agreement concerning the said conveyance and the May 22, 1990
conditional agreement of sale whereby the Consolidated Rail Corporation agreed
with ARMCO Body Company, Thomas Clauss, Jr., and Railroad Recovery Inc. to
convey all that certain line of railroad known as the Reading Bethlehem Branch
and ARMCO Body Company, Thomas Clauss, Jr., and Railroad Recovery Inc.
agreed to certain conditions concerning environmental hazards.
14. The said September 21, 1994, release and indemnity agreement is
attached hereto and incorporated herein and marked Exhibit B.
15. On February 16, 1998 Linda Miller, ARMCO Body Company, Thomas
Clauss, Jr., and Railroad Recovery Inc. did enter into an Installment Land
Contract; and by that document each of the said defendants did grant, bargain
and sell unto Linda Miller all that certain real property to have been conveyed by
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Conrail.
16. The said February 16, 1998 installment land contract is attached
hereto and incorporated herein and marked Exhibit C.
17. Plaintiff has paid all sums due to the defendants under the February
16, 1998 installment land contract.
18. Plaintiff has performed all conditions precedent to the performance by
the defendants under the February 16, 1998 installment land contract.
19. ARMCO Body Company, Thomas Clauss, Jr., and Railroad Recovery Inc.
have refused to convey to Linda Miller by deed that certain real property
described as aforesaid, and despite demand continues to refuse to give such a
deed.
20. Since February 16, 1998 plaintiff has been in continuous possession of
all that certain real property to have been conveyed by Conrail and any and all
improvements thereon.
21. After February 16, 1998 the ARMCO Body Company, Thomas Clauss,
Jr. and Railroad Recovery Inc., or any of them, had no right, title or interest to
the said real property.
22. As a result of the refusal on the part of each and every defendant, to
produce and sign a deed thereto the real property, plaintiff was suffered to
unknowingly become a defendant in civil ejectment proceedings.
23. Despite demand, defendants, and each of them failed and refused to
defend plaintiff and plaintiffs interest in the said lands.
24. As a result of the refusal on the part of each and every defendant, to
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produce and sign a deed thereto the real property, plaintiff unknowingly suffered
an adverse judgment in civil ejectment proceedings.
25. The said civil ejectment judgment sought to eject plaintiff from all that
certain portion of the conveyed premises known as 4455 N. 6th Street Rear.
26. As a direct and proximate result of the said proceedings, plaintiff lost
the substantial use of the premises.
27. As a result of the refusal on the part of each and every defendant, to
produce and sign a deed thereto the real property, plaintiff was suffered to
become a defendant in civil proceedings for money damages.
28. Despite demand, defendants, and each of them failed and refused to
defend plaintiff and plaintiffs interest in the said lands.
29. Plaintiff was successful in proving the interest of Conrail, the
defendants and her own interest in the conveyed lands, so that the second
lawsuit was voluntarily withdrawn.
30. Nonetheless, plaintiff had expended at least $23,353.41 in research
fees and survey costs due to the refusal on the part of each and every defendant,
to produce and sign a deed thereto the real property.
31. Further, plaintiff had expended at least $110,000.00 in defense fees
due to the refusal on the part of each and every defendant, to produce and sign a
deed thereto the real property.
32. Defendants have deprived plaintiff of the peaceful and quiet possession
and occupancy of the premises.
33. The fair rental value of commercial use of the tract of land is $960 per
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month.
34. Plaintiff has lost the fair rental value of its land from January 25,
2012, to the commencement of this action for a total rental loss of $19,200.00
and continues to incur ongoing lost rents.
35. Plaintiff could have made income of $3,000 per month through use of
her commercial space.
36. Plaintiff has lost income and profits from the loss of his commercial
space from January 25, 2012, to the commencement of this action for a total
rental loss of $60,000.00 and continues to incur ongoing lost income and profits.
Wherefore, plaintiff demands an order against defendants, and each of
them, as follows:
(a) entering judgment against defendants, and each of them for actual and
compensatory damages, for treble damages, for damages for delay, for
prejudgment interest; all in an amount in excess of $50,000.
(b) For costs of this action including attorney fees; and
(c) For such other and further relief as the court deems just and proper in
the circumstances.
Respectfully submitted,
v.
Thomas F. Clauss, Jr.
Individually and doing business as
ARMCO Body Company, and
ARMCO Construction Company, and
Railroad Recovery, Inc.,
defendants :
# 00439
VERIFICATION
falsification to authorities.
Dated: July 26, 2013