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Home My WebLink About12-2722 s °2zlAY -2 Pry 2 L ; t LI"EFdS i`l.VA?I . L. C. Heim, Successor Trustee of the F. SALETA STEWART REVOCABLE TRUST Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARM 2, LLC Defendant NO. 12. a7 90, 0(VI( 20 Civil Term NOTICE TO DEFEND 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 AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 ( J2 ww4 Q )p3 75??? a a ISO( 4- 1.3s a -7N Sao/ ` ?? L. C. Heim KATHERMAN, HEIM & PERRY Attorney I.D. No. 23155 345 East Market Street York, PA 17403 (717) 854-5124 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA L. C. Heim, Successor Trustee of the F. SALETA STEWART REVOCABLE TRUST Plaintiff VS. ARM 2, LLC Defendant COMPLAINT 1. Plaintiff is L. C. Heim, successor trustee of the F. Saleta Stewart Revocable Trust, whose address is 345 East Market Street, York, PA 17403. 2. Defendant is ARM 2, LLC, a Pennsylvania Limited Liability Company, whose address is 2 Derbyshire Drive, Carlisle, Pennsylvania 17015. 3. On April 15, 2010, the plaintiff sold to defendant a certain tract of land located in Abbottstown, Pennsylvania, known and numbered as 1880 Pine Run Road. 4. At settlement, the sum of $75,000.00 of plaintiff's sale proceeds was held by defendant in escrow. 5. No written escrow agreement was executed by the parties. 6. On June 1, 2011, plaintiff demanded an accounting by the defendant of the escrow fund, including proof of any payments from the fund and a refund of the balance to plaintiff. 7. Defendant has failed and refused to account for the escrow funds and refund any amounts to plaintiff. WHEREFORE, plaintiff demands that defendant be compelled to account for the escrow funds and pay over to plaintiff all amounts due to the Trust. KATHERMAN, HEIM & PERRY I hereby verify that the statements in this COMPLAINT are true and correct to the best of my knowledge information and belief. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Sec. 4904, relating to unsworn falsification to authorities. DATE: w C. Heim sor Trustee of the F. Saleta Stewart Revocable Trust SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F'LEU-U F JGL Sheriff i H IS PROTHONGTAR ?4??,1'P D# ?utttbtrf??? Jody s smith ..Q12 MAY 22 AM 9' 09 Chief Deputy Richard W Stewart CMAND COUNTY Solicitor OrrICE sir'? EV-MIFF pEMYLVANIA L.C. Heim Case Number vs. 2012-2722 ARM 2, LLC SHERIFF`S RETURN OF SERVICE 05/14/2012 06:32 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 14 2012 at 1832 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: ARM 2, LLC, by making known unto Richard Rudds, Owner of ARM 2, LLC at 2 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. NAWGUT61:10ki-L, DEPUTY SHERIFF COST: $34.00 May 18, 2012 SO ANSWERS, 4,' RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. _- T C7 ~"'~ C ~' N `.. ~ :t3 ~~ G'7 ~ '!'~ f'~l ~ ~ ~~ ~~ .~!~7 -p "P.j ~ ~ ~ ~: _ ~ "~-* : N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV. CIVIL DIVISION L. C. HEIM, SUCCESSOR TRUSTEE OF THE F. SALETA STEWART REVOCABLE: TRUST PLAINTIFF V. CIVIL ACTION: 12-2722 ARM 2, LLC DEFENDANT NOTICE You have been sued in court. If you wish to defend against the claims set forth the following pages, you must take action within twenty (20) days after this complaint and noti~ are served, by entering a written appearance personally or by attorney and filing in writing with tJ court your defenses or objections to the claims set forth against you. You are warned that if you f~ to do so the case may proceed without you and a judgment may be entered against you by the coi without further notice for any money claimed in the complaint or for any other claim or reli 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 D~ NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TH OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Dusan Bratic, Esq. Bratic & Portko LLC 101 South US Route 15 Dillsburg, PA 17019 717-432-9706 Fax: 717-432-9220 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CIVIL DIVISION L. C. HEIM, SUCCESSOR TRUSTEE OF THE F. SALETA STEWART REVOCABLE: TRUST PLAINTIFF V. CIVIL ACTION: 12-2722 ARM 2, LLC DEFENDANT ANSWER TO COMPLAINT, NEW MATTER & COUNTERCLAIM NOW COMES the Defendant by its attorney Bratic & Portko LLC and files the Answer to Complaint with New Matter and Counterclaim in Civil Action. 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer the property is a manufactured retirement community, that derives its income from the rental of manufactured housing hereinafter referred to as the "property". 4. Admitted. (See line 1307 of settlement sheet.) 5. Admitted. ~_ _ 6. Admitted. 7. Neither admitted nor denied and proof thereof is demanded at trial. NEW MATTER 8. Paragraphs 1 through 7 of this pleading are incorporated herein by reference as stated in full. 9. On April 15, 2010, F. Saleta Stewart, Trustee of the F. Saleta Stewart Revocable Trust (hereinafter "Seller") sold a retirement community known as Pine Run located at 1880 Pi Run Road, Hamilton Township, Adams County, PA to ARM 2, LLC. 10. At the time the agreement of sale was executed and through closing, the retirement community was in violation of a number of zoning and code violations. 11. The additional escrow of $75,000 was established because the Seller had not completed remediation work on many violations that were to be corrected by Seller and which was the responsibility of the Seller, much of which was not done. 12. One of the subcontractors hired by the Seller to correct certain deficiencies filed mechanics lien in the amount of approximately $18,000 for work done and which was not paid for by the Seller. The Westhafer Company agreed to accept $10,000 as full settlement of its claim. Ten thousand ($10,000) was paid to Westhafer Construction Inc. on 4/17/2010, a copy o the check dated 4/17/2010 is enclosed as Exhibit A and credit for this work is demanded. 13. The code violations in existence before settlement required substantial engineering services, including design to correct drainage problems, identify set back violations resurveying portions of the property and identifying work not done in compliance with the land development plan, all of which was the responsibility of the Seller and which was to be paid for by the Seller. A copy of the bill for engineering service and the check #96 in payment of $16,041.60 is attached hereto as Exhibit B. Credit for $16,041.60 is also claimed for by Defendant. 14. Additional engineering bills were incurred to Madden Engineering to identify other deficiencies. The bill for these services was $2,249.70. These sums were paid for by the Defendant and credit in the sum of $2,249.70 is claimed. See Exhibit C. 15. In addition certain work was done by the Seller which work was done in a defective manner, i.e. installation of macadam at the one cul de sac was installed in non- compliance with codes and without inspection that it was, inter-alia, installed without a proper base, which will require the removal of the asphalt and proper installation at a cost believed to in the area of $10,000 to $15,000. A copy of the estimate will be supplied. COUNTERCLAIM ARM 2 LLC VS. L.C. HEIM, SUCCESSOR TRUSTEE OF THE F. SALETA STEWART REVOCABLE TRUST 16. Paragraphs 1 through 15 of this pleading are incorporated herein by reference as stated in full. 17. At the time of settlement, the Seller owned 15 manufactured housing units, were left on the property by the Counterclaim Defendant, Seller. Five of which were on the street and if sold and installed at the property would have required set up and installation. Ten units were already set up on lots and ready for sale and occupancy and did not require set up or installation. 18. Seller, as part of the inducement for Buyer to purchase the property agreed to prepay lot rents on said ten units, in anticipation of their eventual sale. The Seller prepaid ~ _ $90,000 for said rents and was to receive a credit at the rate of $375 per month for each unit, for a total monthly sum due of $3,750 per month. 19. Said $90,000 prepayment covered the lot rent for ten units through April 14~', '' 2012. 20. The Counterclaim Plaintiffs are due rent from the Counterclaim Defendant of $3,750 on the 15~' day of each month from April 15, 2012 and on the like day of each month thereafter. As of this filing the rents due to the Counterclaim Plaintiff are $18,750 and accrui at the rate of $3,750 per month. WHEREFORE, the Counterclaim Plaintiffs demand judgment and credit in their favor all sums paid on behalf of obligations of Seller and for sums due into the future as set forth herein. Dated: ~ ~~ v llusan tirahc, tJsq. lll # 1 y24y Bratic & Portko LLC 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Defendant VERIFICATION I, Richard Ruda, hereby acknowledge that I am a Defendant in the foregoing, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Richard Ruda, Managing Member ARM2 Date: ~ 7-D/ Y ~_ _ ___ CERTIFICATE OF SERVICE Dusan Bratic hereby certifies that on August 29, 2012 he caused a true and correct of the above Answer and New Matter to be served via first class mail and facsimile upon: Larry C. Hiem, Esq., Esquire Katherman, Heim & Perry 345 East Market St. York, PA 17403 8/29/12 Dusan ratic, Esquire Atto ev for Defendants P.03i03 • - - ~ . wLSTHAFF~`R coN_ STRUL~oN - - - . Iri THE CO~NIl~ON PLEAS ~A`ORT Old COtKPA~lY1~ ~ ADAMS COITNI"X, PEt~TNSYL'VANIA - Plan~$ff v. _ CIVIr. ACT'YON 1~I0. 09-5-1444 i, . ~` F. SALLTA S"TEWART, TRIISTEE OF - I THE F. S.~lLETA S~.'EWART MECHANICS' LIEN ! Y2EV'oCABtGE TRUST ~ _ I - AeI'endaut 1 R~;T,Y~'.ASt~ OF MECI4AIVICS' I.~EN CLAIM IYOW COMES the Claimas~ Wes~afer Co~stmction Company, and ~ thus IZ,clease o~ Mecham+c's Lien Claim as a subcontractvrvzidet the Ni~echamc's Lieu Isw of 1963, as amcuded. 1. The Claimant hereby Relea.~es die snbje~t properly at 1880 P%ae Ruu Road, - ,Ahbottsbown, PA 17301, and i#s owners ~ Sateta Stewart, TrusEee of the F. Saleta Sticw~rt Revocable Tivst, from the Mechanics Lien fi.~ed at Civl,Action Na. ~OQ9-S-1,4d~. ~~lly s~aitted • .. O~i15/10 I ' Steve Wes, Presid t ~! Wesihai~ ~tion, Inc. • i2o w ~ti~ str~ - i~rlech~ic~tug PA 17055 (7i'~ 554-b861 ~ - ~ ~ ~ ~~ .fix ,~-..."' ~ •..j.a. iF •_ 7J ~( . u ..Y ~ ~~^ 6 ~S af. ~,~.f i ( ' . ~ q ~ 1• Z .~ • CNpJSCEPA17015 ~ ~. ~1; ; .:{il• ~:1 ..,'.•..- ~- .;~: ~... ~~ , Date - ~~ :: • P~v ~:J~ -~ S:7 /C ' • d N S-7 .~ UG7. y-a~ ~~ r t1 u - ro n~ otr~x of • ,,: . ~ ., . 0 ~._._ ' 7~'~r~ 7/1 ~ sd,i~o ~QC ~ ~ i(. -S ~ ~ ~ ~ ~~~- .. ~ . . . R.•y... , o rNV /~Y{.MY ~'~ C~~M - ~:23L382241~: 777382L27 2~~' 97 'IC'1J'GCl1C1 YJ7-,~ . P'. 03103 WFSTHAFER CONSTRUCTION ° IN THE COMMON PLEAS COURT OF Co1VIPAN'X .ADAMS Cotnvz~St, PENNsYLVANiA Plaintiff v, CIVIL ACT10N NO. 095-1444 F. SALETA STEWART, TRUSTEE OF THE F. SALETA STEWART MECikYANI~CS' Y.IFN REVOCABLE TRUST ~ defendant REI,~ASE OY~' MEC,I~A1vICS' L•LEN CLAIlVI NOW COMES the Claimant', Westhafer Constnution Company, and files thus Release of Mechanic's Lien Claim as a subcontractor undo the Mechamc's Lien Law of 1963, as ameaaded. 1. Zhe Claimant hereby Releases the snbjed pmoperty at 1880 Pine Run Road, Abbottstown, PA l 7301, arad its owners F. Saleta Stewart, Trustee of the F. Saleta Stewart Revocable Trust, from the Mechanics Lieu filed at Civil ,p~ctionNo. 2009-S-1444. Respectfully submitted 04/15!10 Steve Westhafer, President Westhafer Cons#ructio~n, Inc. l20 W. Alley Street ~ '"' ' ,~ ,. Mcch~nxitcsburg, PA 17Q55 . (717) 554.6861 '~ ,~. .~ . •~; ~,l ; 1 ~~ ' ~~~ SEAt G. SCOTT RAMStY . Notary Pubec '~ ,. 901JRt 111tDOlE7~ONIYMR q~/11W COtM(Yr My Comtnltgof~ Exptrs: May 2!. 2011 ' • ~- ,~; ,~`~.I; .~t .;. ~;••. ,. i , ~ r \ ~ ~~ - ~` ®. ° I - _ ~~ ~ a ~ ~ . ~ ~ i, o° s r ` ~ !" ~ v .. t c0 ~ , m a ~° _ i ~~ 2 ti €s .~• ~ ~, ;: , ~ Z~ ~ ~ _• ~ ~' ti o ~ ~° ~ ~ ~ ~' ~~ =a ~~ .aa~ }F a O m, t ~ ~.~ {t , ~ 3 ' .. F~ ~ . I ' • I~ I l~ ~ i 1~18M~~~~ 1451 !A 170Si ARM 2 LLC "`'4ON ~~ ~= warr~Ylslr.~q 2 DERBYSHIRE DRIVE 60-8224-2313 CARLISLE, PENNSYLVANIA 17015 8/29/2012 PAY ~ TO THE $` ORDER OF Madden Engineering ~ **2,249. 0 ~. ~ . Two Thousand Two Hundred Forty-Nine and 70/100******"*"'*****************'**********"******************************* ooLLARS ~~ Madden Engineering MEMO II'OOL45L11' ~:23138224Li; 777382L27211' ARM 2, LLC Madden Engineering Members1 st Outstanding Engineering Fees ~~ ~j ze° s~c;ruruae 77 8/29/2012 14.51 ~,' 70 ,249.70