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Quinn Law Office

By: Anthony Bernard Quinn Esquire


Attorney Reg. #26931
1420 Walnut Street Suite 1107
Philadelphia, PA 19102
Telephone #215-731-0340
Attorney for plaintiff

Filed and Attested by


PROTHONOTARY
01 AUG 2013 03:26 pm
C. FORTE

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA


COURT OF COMMON PLEAS OF PHILADELPHIA
CIVIL TRIAL DIVISION
Linda Miller,

plaintiffs : March Term 2013

v.
Thomas F. Clauss, Jr.
Individually and doing business as
ARMCO Body Company, and
ARMCO Construction Company, and
Railroad Recovery, Inc.,

defendants :

# 00439

Civil Action Complaint


NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or
by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF
YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
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Case ID: 130300439

Philadelphia Bar Association Lawyer Referral & Information Service


One Reading Center - 11th Floor
1101 Market Street
Philadelphia, PA 19107
Telephone: 215-238-6333
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de
plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una
comparencia escrita o en persona o con un abogado y entregar a la corte en forma
escrita sus defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado que si usted no se defiende, la corte tomara medidas y puede
continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la
corte puede decidir a favor del demandante y requiere que usted cumpla contodas
las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u
otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO
IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO
SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Asociacion De Licenciados De Filadelfia
Servicio De Referencia E Inforamcion Legal
One Reading Center - Piso 11
1101 Calle Market
Filadelfia, Pennsylvania 19107
Telefono: 215-238-6333

Case ID: 130300439

CIVIL ACTION COMPLAINT


Plaintiff, Linda Miller by her attorney, Anthony Bernard Quinn, Esquire

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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maintaining a principal place of business in the City of Philadelphia.


9. The North Pennsylvania Rail Road Company, by Conveyance Document,
granted and conveyed certain property, easements, interests and rights unto the
Consolidated Rail Corporation that certain line of railroad known as the Reading
Bethlehem Branch and identified as Line Code 0301 of the Final System Plan of
the United States Railway Association, rendered pursuant to Special Court
(Washington, D.C.) Misc. Order No.75-3, dated March 25, 1976, and March 31,
1976, in the matter of Regional Rail Reorganization Proceedings, under the
Regional Rail Reorganization Act of 1973, as amended (P.L. 93-236, H.R. 9142)
and other real property as more particularly described in those certain deeds of
conveyance.
10. Such real property is situate in the City and County of Philadelphia in
the Commonwealth of Pennsylvania; and which Conveyance Document was
recorded on May 11, 1979 in the Office of the Department of Records in and for
the City and County of Philadelphia Commonwealth of Pennsylvania, at Deed
Book No. DCC-1948 pages 1 etc. and further recorded on May 11, 1979 in the
Office for the Recording of Deeds in and for the City and County of Philadelphia
Commonwealth of Pennsylvania, at Deed Book No. DCC-1948 pages 195, etc.
11. On May 22, 1990 the Consolidated Rail Corporation, ARMCO Body
Company, Thomas Clauss, Jr., and Railroad Recovery Inc. entered into a
conditional agreement of sale whereby the Consolidated Rail Corporation agreed
to convey unto ARMCO Body Company, Thomas Clauss, Jr., and Railroad
Recovery Inc. all that certain line of railroad known as the Reading Bethlehem
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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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Case ID: 130300439

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,

Anthony Bernard Quinn


Attorney for plaintiff

Case ID: 130300439

Quinn Law Office


By: Anthony Bernard Quinn, Esquire
Attorney Reg. #26931
1420 Walnut Street Suite 1107
Philadelphia, PA 19102-9149
Telephone: 215-731-0340
Attorney for plaintiff
COURT OF COMMON PLEAS OF PHILADELPHIA
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
CIVIL TRIAL DIVISION
Linda Miller,

plaintiffs : March Term 2013

v.
Thomas F. Clauss, Jr.
Individually and doing business as
ARMCO Body Company, and
ARMCO Construction Company, and
Railroad Recovery, Inc.,

defendants :

# 00439

VERIFICATION

Linda Miller hereby states:


1. I am the plaintiff in this civil action;
2. The statements made in the foregoing complaint are founded upon

information gathered by counsel in the investigation of this litigation.


3. The terminology of the foregoing complaint is that of counsel and not of
myself and I have relied upon counsels draft of the same.
4. I verify that the statements made in the foregoing complaint are true
and correct on information and belief.
5. I understand that the statements made in the foregoing complaint are
made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
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falsification to authorities.
Dated: July 26, 2013

Case ID: 130300439