HomeMy WebLinkAbout05-2466MBM PROPERTIES, LLC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. DS-a1/?? ?rvc( (J???
LUIS STEINAS, LESLIE STEINAS, and
AASAP ABSTRACTING CO., INC., CIVIL ACTION - LAW
Defendants ASSIGNED TO ARBITRATION
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.
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que
se presentan nias adelante en ]as siguientes p'ginas, debe tomar acci6n dentro de los pr6ximos veinte (20)
dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un
abogado una comparecencia escrita y radicando en la Corte per escrito sus defensas de, y objecciones a, las
demandas presentadas aqui en contra suya. Se le advierte de quo si usted falla de tomar acci6n como se
describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada
en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede set dictado en
contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad o otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA
PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE
ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN
SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street, Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
MBM PROPERTIES, LLC,
Plaintiff
VS.
LUIS STEINAS, LESLIE STEINAS, and
AASAP ABSTRACTING CO., INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. OS- „2,y44V
CIVIL ACTION - LAW
ASSIGNED TO ARBITRATION
COMPLAINT
Plaintiff, MBM Properties, LLC, by its attorneys, Saidis, Shuff, Flower & Lindsay, P.C.,
files this Complaint demanding payment for outstanding amounts due under an escrow agreement
executed in connection with an agreement for the sale of real estate, alleging in support thereof the
following:
1. Plaintiff MBM Properties, LLC, ( "MBM" hereinafter) is a registered Pennsylvania
Business Limited Liability Company with a principal office located at 15 Sycamore Drive,
Mechanicsburg, Pennsylvania 17055 .
2. Defendants Luis Steinas and Leslie Steinas are adult individuals, husband and wife,
having a last known address of 613 Shield Street, Harrisburg, Pennsylvania 17109. (Defendant
Luis Steinas and Defendant Leslie Steinas are hereinafter collectively referred to as the "Steinases.")
3. Defendant AASAP Abstracting Co., Inc., ("AASAP" hereinafter) is a registered
Pennsylvania Business Corporation with a principal place of business located at 1998-A Carlisle
Road, York, Pennsylvania 17404-1412.
4. On August 19, 2004, the Steinases conveyed a special warranty deed to MBM for a
certain parcel of real estate located in the Borough of Mechanicsburg, Cumberland County,
commonly known and numbered as 10 North Frederick Street, Mechanicsburg, Pennsylvania (the
"Property" hereinafter). A copy of the deed dated August 13, 2004, is attached hereto as Exhibit
"A" and incorporated herein by reference.
5. At or shortly prior to settlement, MBM and the Steinases entered into certain
Articles of Agreement together with Defendant AASAP, which provided, in pertinent part, that the
Steinases were to "deliver possession of the premises to [MBM] by key and vacant premises free of
all personal property and debris/salvage, with all structures broom clean on or before 4:00 P.M. on
the aforesaid date of the I8'h day of September, 2004. SELLER and BUYER agree that as of the
date SELLER delivers possession of the premises to BUYER, BUYER shall make an inspection of
the premises" A copy of the Agreement is attached hereto as Exhibit "B" and incorporated herein
by reference. Quotation from paragraph 4 of the Agreement.
6. As security for compliance with the terms of the Agreement, the amount of $17,400
was placed into escrow with AASAP.
7. On September 18, 2004, a walk-through inspection of the Property was conducted
by MBM.
8. On that date, MBM presented to the Steinases a "Pre-Settlement Walk-Through
Inspection" sheet, which indicated several items as not being in satisfactory condition and not
accepted by MBM. A copy of the Inspection sheet is attached hereto as Exhibit "C" and
incorporated herein by reference.
9. On October 15, 2004, AASAP forwarded to counsel for the Steinases copies of
photographs purporting to show the Property was not in broom-clean condition as of September 19,
2004, and copies of invoices for the contracted removal of debris/salvage from the Property. A
copy of the AASAP to Steinas letter is attached hereto as Exhibit "D" and incorporated by
reference.
10. As of this date, the Steinases have failed or refused to accept the proposed
distribution as outlined in AASAP's letter,
WHEREFORE, Plaintiff, MBM Properties, LLC, demands judgment against Defendants,
Luis Steinas and Leslie Steinas liquidated in the amount of 13,508.58, where such amount does not
exceed $25,000.00, to include legal fees and costs of collection, plus interest and cost, and such
other relief as the Court deems appropriate.
Date:
Respectfully submitted,
SAIDIS, HU , FLO ER & LINDSAY
?l ,
By:
Matthew J. Eshelrrian, Esquire
Supreme Court ID #72655
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorneys for MBM Properties, LLC
y u 7177373497 V SR I D I S SHUFF MRSLFIND L V 996 P02 MAY 03 105 15:57
MBM PROPERTIES, LLC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
LULS STEINAS,'LESLIE STEINAS, and
AASAP ABSTRACTING CO., INC.,
Defendants
No.
CWM ACTION - LAW
ASSIGNED TO ARBITRATION
VERIFICATION
I, Myrl A. Hersh, hereby verify that the statements made in the foregoing Complaint are true
and correct to the best of my information, knowledge and belief, and that I am authorized to verify
the statements on behalf of MBM Properties, LLC. I understand that false statements herein are
made subject to the penalties of 18 Pa_ C.S. Section 4904, relating to unswom falsification to
authorities.
Date:
THIS DEED,
MADE the /S day of August, in the year Two Thousand Four (2004),
BETWEEN LUIS STEINAS and LESLIE J. STEINAS, husband and wife, of 613
Shield Street, City of Harrisburg, Dauphin County, Pennsylvania, Grantors and parties of
the first part,
-AND-
MBM PROPERTIES, LLC, a Pennsylvania Limited Liability Company, having an
office at 15 Sycamore Drive, Mechanicsburg, Pennsylvania, Grantee and party of the
second part,
WITNESSETH, that the said parties of the first part, for and in consideration of the
sum of One Hundred Twenty Thousand and No/ 100 Dollars ($120,000.00), lawful money
of the United States of America, well and truly paid by the said party of the second part to
the said parties of the first part, at and before the sealing and delivery of these presents,
the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened,
enfeoffed, released, conveyed and confirmed, and by these presents do grant, bargain,
sell, alien, enfeoff, release, convey and confirm unto the said party of the second part, its
successors and assigns,
ALL that parcel of land, with the building and improvements thereon erected,
situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of
Pennsylvania, bounded and described as follows:
BEGINNING at a bolt where the Northerly line of Strawberry Alley (20 feet wide)
meets the Easterly line of North Frederick Street (30 feet wide); extending from said place
of beginning, the following four courses and distances: (1) North eight (08) degrees fifty-
two (52) minutes West, along said Easterly line of North Frederick Street, forty-nine and
forty-six one-hundredths (49.46) feet to a pin; (2) North eighty (80) degrees eight (08)
minutes East, by remaining land of the Pennsylvania Railroad Company, one hundred
fifty-six (156) feet to a pipe in the Westerly line of land now or formerly of Glenn Wolfe; (3)
South eleven (11) degrees twenty (20) minutes East, along said Westerly line of the last
mentioned land, fifty and sixty-three one-hundredths (50.63) feet to a bolt in said
Northerly line of Strawberry Alley; and (4) South eighty (80) degrees thirty (30) minutes
West, along the same, one hundred fifty-eight and seven-tenths (158.7) feet to the Place of
BEGINNING.
CONTAINING 7,874.58 square feet, more or less.
BEING THE SAME PREMISES which NAOMI M. SPAHR, Executrix under the Last
Will and Testament of NORMAN M. SPAHR, JR., deceased, by deed dated August 6,
1992, recorded in the office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book A 36, Page 1139, granted and conveyed unto LUIS STEINAS
and LESLIE J. STEINAS, husband and wife, grantors herein.
TOGETHER with all singular the tenements, hereditaments and appurtenances to
the same belonging, or in anywise appertaining, and the reversion and reversions,
remainder and remainders, rents, issues and profits thereof; AND ALSO all the estate,
Exhibit "A"
title, interest, property, claim and demand whatsoever, both in law and equity, of the said
parties of the first part, of, in, to or out of the said premises, and every part and parcel
thereof.
TO HAVE AND TO HOLD the said premises, with all and singular the
appurtenances, unto the said party of the second part, its successors and assigns, to and
for the only proper use and behoof of said party of the second part, its successors and
assigns forever.
AND the said parties of the first part, for themselves, their heirs, executors, and
administrators, do by these presents, covenant, grant and agree to and with the said
party of the second part, its successors and assigns, that they, the said parties of the first
part and their heirs, all and singular the hereditaments and premises herein above
described and granted, or mentioned and intended so to be, with the appurtenances unto
the said party of the second part, its successors and assigns, against the said parties of
the first part and their heirs, and against all and every other person or persons
whomsoever, lawfully claiming or to claim the same or any part thereof, shall and will, by
these presents, SPECIALLY WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said parties of the first part have hereunto set their
hands and seals, the day d year first written above.
SEAL
WITNESS
{2'lcr ??_
WITNESS
COUNTY OF (SEAL)
COMMONWEALTH OF PENNSYLVANIA
SS.
On this, the V?'day of August, 2004, before me, the undersigned officer,
personally appeared LUIS STEINAS and LESLIE J. STEINAS, husband and wife, known to
me (or satisfactorily proven) to be the persons whose names are subscribed to the within
instrument, and acknowledged that they executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
"{? J'
My Commission Expires:
NOTARIAL SEAL
JESSICA L. HOFFMAN, Notary Public
Susquehanna Two., Dauphin County
My Commission Expires April 23, 2007
I hereby certify that the precise residence of the Grantee herein is as follows:
MBM Properties, LLC
15 Sycamore Drive
Mechanicsburg, PA 17055
A5A ABS CTIjTG CO. , INC.
J 1/(Y v
y Pai, ?,?AcCleary, Jr., 7I?6 II President
for Grantee
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
RECORDED in the Office for the Recording of Deeds, Mortgages, etc., in and for the
County of Cumberland in Deed Book Vol. _, Page .
WITNESS my Hand and Seal of Office this _ day of 2004.
Recorder of Deeds
A!iG-18-2004 WED 11:34 AM FAX NO. F, 02/09
ARTICLES OF AGREEMENT
THIS AGREEMENT, made and entered into this - /a* day of 2004, by and
among LUIS STEINAS and.LESLIE J. STEINAS, husband and wife, reinafter collectively
referred to as "SELLER", MBMPROPERTIES, LLC, aPennsylvaniaL.imited Liability Company,
having an office at 15 Sycamore Drive, Mechanicsburg, PA, hereinafter referred to as "BUYER",
and AASAP ABSTRACTING CO., INC., hereinafter referred to as ESCROW AGENT;
WITNESSETH: That;
WHEREAS, SELLER acquired title to a certain tract of land, known and numbered as 10
North Frederick Street, situate in the Borough of Mechanicsburg, County of Cumberland and
Commonwealth of Pennsylvania (hereinafter referred to as "premises"), by Deed dated the 6th day
of August, 1992, which Deed is recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Deed Book 36-A, Page 1139; and
WHEREAS, by Deed dated the 1 ?% _ day of August, 2004, SELLER granted and
conveyed the aforesaid premises to BUYER; said Deed being delivered to BUYER at settlement
being held at 3:00 P. M. on the 19°i day of August, 2004, hereinafter referred to as "final settlement";
and
WHEREAS, SELLER is currently occupying the premises for the operation of salvage yard,
and has requested from BUYER, and BUYER has agreed to grant to SELLER, the right to continue
such occupancy of the premises for a period not to exceed thirty (30) days from the date of final
settlement, for purposes of removing all personal property and debris/salvage therefrom.
WHEREAS, it is the desire and intention of the parties hereto to set forth in writing their
agreement and understanding as to the terms and conditions of SELLER's continued occupancy of
the premises.
NOW, THEREFORE, for and in consideration of the facts and matters hereinabove set forth,
which recitals are incorporated herein by reference, and the covenants hereinafter contained, it is
hereby agreed by and among the parties hereto as follows:
1. SELLER shall have the right to continue to occupy the premises for a period not to exceed
4:00 P. M. on the d 8' day of September, 2004, f f]
2. SELLER shall pay to BUYER as rental therefor, the sum of Forty and 001100 ($40.00)
Exhibit "B"
16-2UU4 wED I1:34 AM FAX NO, P• o?''?j
Dollars for each day, or fraction thereof, that the SELLER continues to occupy the premises.
3. SELLER shall pay all utilities, including, but not limited to water, electricity, gas,
telephone and refuse rentals during SELLER'S occupancy of the premises.
4. SELLER shall deliver possession of the premises to BUYER by key and vacant premises
free of all personal property and debris/salvage, with all structures broom clean on or before 4:00
P. M. on the aforesaid date of the 18' day of September, 2004.
SELLER and BUYER agree that as of the date SELLER delivers possession of the
premises to BUYER, BUYER shall make an inspection of the premises.
5. As security for SELLER complying with the terms of this Agreement, SELLER hereby
agrees and directs that ESCROW AGENT shall hold the following sums from SELLER'S proceeds
at final settlement for the purposes hereinafter designated:
(A) The sum of One Thousand Two Hundred and 00/100 ($1,200.00) Dollars
representing rentals for-the full period of thirty (30) days. Upon SELLER vacating the premises and
delivering possession to BUYER in the condition as hereinabove specified, ESCROW AGENT shall
cause to be paid to BUYER the rentals then due and tha remainder thereof, if any, shall be paid to
SELLER.
(B) The sum of One Thousand Two Hundred and 00/100 ($1,200.00) Dollars as a
security deposit for SELLER vacating the premises as provided herein. In the event that SELLER
vacates the premises, on or before the 18' day of September, 2004, as aforesaid, this sum shall be
paid to SELLER. In the event SELLER does not vacate the premises, as aforesaid, ESCROW
AGENT is hereby authorized and directed to pay said sum to BUYER as a penalty for failure to
vacate.
(C) The sum of Fifteen Thousand and 001100 ($15,000.00) Dollars as security for
SELLER removing all personal property and debris/salvage from the premises. It is specifically
understood and agreed that if SELLER fails to remove all items of personal property and
debris/salvage from the premises as of the date possession of the premises is delivered to BUYER
(not later than 4:00 P. M. on the 18' day of September, 2004) these funds shall be utilized by
ESCROW AGENT to pay costs and expenses incurred by BUYER in the removal of said personal
property and debris/salvage from the premises. Any portion of the Fifteen Thousand and 001100
($15,000.00) Dollars not utilized for this purpose within thirty (30) days of BUYER receiving
possession of the premises shall be paid to SEU T R.
6. SELLER hereby indemnifies and holds harmless BUYER from any and all damages
incurred by BUYER as a result of the above occupancy by SELLER.
7. It is understood and agreed that in the event of a dispute, ESCROW AGENT, may in its
FAX NO. P. 04/09
P'1G-18-2004 WED 1134 AM
absolute discretion, pay the funds into Court and allow the Court to determine the proper disposition
of the funds or continue to hold the funds pending receipt by ESCROW AGENT of uniform written
direction from all parties hereto.
8. SELLER and BUYER agree to indemnify and hold harmless ESCROW AGENT for
services pursuant to the terms of this Agreement.
It is the intention of the parties hereto to be legally bound hereby, and this Agreement shall
be binding upon the said parties, their respective heirs, executors, administrators and/or assigns.
IN WYINESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
Witnes .
W' ss:
Attest:
7
Secretary
Luis Steinas
Leslie J. Stei as ,
(SP12ER)
AASAP ABSTRACTING CO. INC.
By
csidcnl
(ESCROW AGENT)
I1r-bar-aabl P•c
Sep eu u4 ll:uwa (;v services
RSR REALTORS®
1 L...rw M., S,n 100
1. yaf PA 17e41
1711 717-761-121Z
PAX: 717-76.4-1656
PRE-SIML.EMENT WALK-THROUGH (NSnranON
PNpedy_p?4N'? 1!'n/1/l2 ?', tL?fFn/lshW &
-„??J ve Z0?5! eaomronledby?C't,h :wlt! l an0
nave de MW"Sd b pglrea SWJOn OW trio ryePMy Wae M elANanlldly the *2010 wMilbn as
h we$ et tlr *M of eltocudon of dre Aweerne %of Sale.
The Pwdww (s) aanowlodae ROW ad nwyrow ea2w emu asoa11Ir10C M McAproemem of
Sale Wofe on ft prot111Ws at ft time of inspoQlen and all b>ttwes wee In place and imalonIng,
oscfttthose smaw below.
The P-"d (s) NO Ow oppodun(ty to bas as owneuq. h$WhV, ekanW eysWma aM
applianoee eM Idatd *W l m be Reldioninp in a=Ddatwy rrlalelw, ovew vow Speawd
bebw.
The follawlllp MOM Wore holed os NOT bskV In =Wadwy oon+lwan tart vats eoceptwl a'AS
IS- cadlttal. (Inatoeb If NOW-),
Tae toiloMnp dams won Mud as WE kAv in saddadary Can~ and NOT ACCEP? by
nYlasw _Ap.swnwe rorflil"on Is as(dROM;
5e0ar (sS?a'+lyil?4n advised of ae rosfdls o(Purd?asats) aro???eem mleepcW,x or
resWtMOne twfaMl. lam! `?--L( .GC /lam
IN"CCTION WAVIER (Complete t1Ae secdon ONLY if irapealon in wovod try too Pwchasw(s)
M84 tM undoraianed Purdvaw (s) of bn above Wodomd propmly, have bewt a!(viled by RSR
PEAVr(NiSO of ow cwt to a wwoom mw v pmo n. we troreby define w10 waive our npta
to such kMeMil X" 1111 Wllift ftMI and atllee to MCI 11111Mde56 RSR REALTORSO aM
ds apwdS from sq aM ON flabWty. W( ch may 3nme due to die condlYdM of Rho Sub(om pft4WW.
Seller,,
Purmialar:
Exhibit "C"
PAUL C. MCCLEARY, JR. LAW OFFICES
WANDA L. STAHLE PAUL C. MCCLEARY, JR.
LEGAL AS<ISTANT
KAREN A GALBREATN SHILOH PROFESSIONAL CENTER
LEGAL ASSISTANT -REAL C5TATE 1998-A CARLISLE ROAD
KARIN A. MCCLEARY YORK, PENNSYLVANIA 17404-1412
LEGAL ASSMTANLFEAL ESTATE
MARY E. RUHLMAN
LEGAL AsMRTIFTED MAIL
RETURN RECEIPT REQUESTED
Joseph D. Sobel, Esquire
212 North Third Street
Harrisburg, PA 17101
October 14, 2004
AREA CODE 7 17
764-5926
FAX 764-59aa
Re: Property transfer from Luis Steinas and Leslie J. Steinas, husband and
wife, SELLER to MBM Properties, LLC, BUYER. Premises known and
membered as 10 North Frederick Street, Mechanicsburg Borough,
Cumberland County, PA.
Dear Attorney Sobel:
The Agreement between the parties dated August 18, 2004, provided in paragraph number 4:
"SELLER shall deliver possession of the premises to BUYER by key and vacant premises
free of all personal property and debrisisalvage, with all structures broom clean on or before 4:00 P. M.
on the aforesaid date of the 18' day of September, 2004.
SELLER and BUYER agree that as of the date SELLER delivers possession of the
premises to BAYER, BUYER shall make an inspection of the premises."
When yourclients, the above-captioned Seller, vacated the above-captioned premises on Saturday,
September 18, 2004, they had not complied with the conditions specified in the above paragraph number
4. Enclosed are numerous photographs depicting the condition of the premises on the date your clients
vacated the premises.
The above referenced Agreement in paragraph number 5, provides for funds deposited in escrow
by your clients in order to remedy a breach of contract by your clients. My client contracted to remove
the debris/salvage in order that the condition of the premises complied with the terms of the Agreement.
Enclosed are copies of invoices to be paid by my client in order to remove the debris/salvage from the
premises. The penalty provided in paragraph number 5 (B) will be paid to my client, together with the total
costs of $9,908.58. Accordingly, your clients are entitled to receive $5,091.42, which is the balance of the
$15,000.00 held in escrow.
Upon receipt of a letter from you stating that your clients are in agreement with the terms herein,
we will forward to you the sum of $5,091.42 representing the balance of your clients' deposit of
$15,000.00
Very truly yours,
Paul C. McCleary. Jr.
PCMcC,Jr:mr
Enclosures
cc: MBM Properties, Inc. Exhibit "D"
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ID Postage $ 1 . 06
FIJ Certified Fee 2.30
O Postmark
0 Return Reciept F.
(Emktrsemsot Required)
1.75 Here
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(Endorsement Required)
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O Sent To
Joseph
Esquire
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Sobel
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---------
(- ------------------------ "
Street, Apt. No.; ---------------
or PO So-Ne. 212 North Third St.
--------------- ------------------------------- -
cp-,Store, ZIP-4 Harrisburg, PA 17101
COL 11 04 06:oaa
3M Properties Inc
North Fredrick St
3chanicsburg, PA 17055
Services
CV DATE JOB#
CUSTOMER PO# Estimate
10111/2004 4020
CONTACT PHONE* I JOB LOCATION TYPE OF WORK
M rt L Hersh 10 N. Fredrick St, Mech. SERVICE WORK 1;?CTRA WORK
:SCRIPTION OF WORK Removal of trash on the property located at ION. Fredrick Street.
QTY MATERIAL TOTAL
1 9/24/04 DUMPSTER 1,183.70
1 9/28104 DUMPSTER 544.88
1 STEEL REMOVAL 1,250.00
Labor
SUBTOTAL 2.978.58
SUBTOTAL 6,930.00
QTY OTHER CHARGES UNIT TOTAL
SUBTOTAL I
CV Services would like to Thank You for your Patronage. TOTAL MATERIAL 2,978.58
TOTAL LABOR 6,930.00
TOTAL OTHER
TOTAL S 9,908.58
Mechanicsburg. PA 17050
CV Services
717-687-5967
P.2
717-697-3320 PH
717.697-5967 FX
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VERIFICATION
We, Luis Steins and Leslie J. Steinas, Defendants in the foregoing action,
verify that the statements made in the foregoing Answer with New Matter and
Counterclaim, are true and correct to the best of our knowledge, information and
belief. We understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
Luis Steinas
R
I A?
Leslie J. stei s
WHEREFORE, Defendant respectfully requests that this Honorable Court order
Plaintiff and Defendant AASAP, jointly and severally, pay damages to the Steinases, in an
amount to be determined, with costs of this action.
Respectfully submitted,
1 xy, _ ' A2
Josep-bel, Attorney for Defendants
Luis Steinas and Leslie J. Steinas
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
(717) 234-2200
PAUL C. MCCLEARY, JR.
WANDA L. STAHLE
LEGAL ASSISTANT
KAREN A. GALBREATH
LEGAL ASSISTANT-REAL ESTATE
KARIN A. MCCLEARY
LEGAL ASSISTANTREAL ESTATE
MARYE.RUHLMAN
LEGAL ASSISTANT
LAW OFFICES
PAUL C. McCLEARY, JR.
SHILOH PROFESSIONAL CENTER
1998-A CARLISLE ROAD
YORK, PENNSYLVANIA 17404-1412
September 27, 2004
Joseph B. Sobel, Esquire
212 N. Third Street
Harrisburg, PA 17101
AREA CODE 717
764-5926
FAX 764-5928
Re: Property transfer from Luis 5teinasandLeslie J.Steinas,husband and
wife, SELLER to MBM Properties, LLC, BUYER. Premises known
and numbered as 10 North Frederick Street, Mechanicsburg Borough,
Cumberland County, PA.
Dear Attorney Sobel:
This will confirm that your clients, the above-captioned Seller, vacated the above-captioned
premises on Saturday, September 18, 2004 and delivered the keys to Myrl L. and Myrl A. Hersh,
members of my client, the above LLC.
This will also confirm that an inspection of the premises was made at the time of delivery
of possession of the premises with your client, Luis Steinas, Myrl L. and Myrl A. Hersh and their
Realtor, Keith Sultzbaugh in attendance. It appears that numerous items of personal property and
debris/salvage remained on the premises and were not removed. The Realtor prepared a written
walk-through inspection indicating items not removed and that the property was not in a
satisfactory/acceptable (broom clean) condition, which die pdrt;ies signet:. Numerous photos
showing the condition of the property were taken by the Hershes.
Therefore, in accordance with the terms and conditions of the Agreement which the parties
executed at the time of final settlement, the Escrow Agent will pay to my client, the Buyer, the
following:
1. The sum of One Thousand Two Hundred and 001100 ($1,200.00) Dollars
representing rentals for the 30 day period your client occupied the property; and
2. The One Thousand Two Hundred and 00/100($1,200.00) Dollars security deposit
as a penalty for your client's failure to vacate the property free of all personal property and
debris/salvage, with all structures broom clean, as provided therein.
The Hershes have proceeded to clean up the property and have the remaining personal
Law Office
Paul C. McCleary, Jr.
September 27, 2004
Joseph B. Sobel, Esquire
212 N. Third Street
Page 2
property and debris/salvage removed therefrom. Upon completion, we will report to you what
expenses have been incurred in this clean-up and removal and what part, if any, of the Fifteen
Thousand and 00/100 ($15,000.00) Dollars escrowed for this purpose would be available to your
clients.
Very truly yours,
Paul C. McCleary, Jr.
PCMcC,Jr:mr
cc: MBM Porperties, LLC,
Myrl L. Hersh, Member
Myrl A. Hersh, Member
CERTIFICATE OF SERVICE
I hereby certify that on the 5th day of July, 2005, true and correct copies of the
foregoing Answer with New Matter and Counterclaim were served upon Plaintiff and
Defendant, AASAP Abstracting Co., Inc., by mailing same by United States mail, First
Class, postage pre-paid, to their respective attorneys of record, at the following
addresses:
MATTHEW J ESHELMAN ESQUIRE
SAIDIS SHUFF FLOWER & LINDSAY
2109 MARKET STREET
CAMP HILL PA 17011
PAUL C MCCLEARY JR ESQUIRE
SHILOH PROFESSIONAL CENTER
1998-A CARLISLE ROAD
YORK PA 17404-1412
e-, el?
Joseph B. Sobel, Attorney for Defendants
Luis Steinas and Leslie J. Steinas
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
(717) 234-2200
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MBM PROPERTIES, LLC,
Plaintiff
VS.
LUIS STEINAS and LESLIE STEINAS
and AASAP ABSTRACTING CO., INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2466 Civil Term
CIVIL ACTION
ASSIGNED TO ARBITRATION
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed New Matter and
Counterclaim, within twenty (20) days from service hereof.` or a judgment may be entered
against you.
?.1?'C ' -<,?,
Joseph B. Sobel, Attorney for Defendants
Luis Steinas and Leslie J. Steinas
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
(717) 234-2200
MBM PROPERTIES, LLC, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 05-2466 Civil Term
LUIS STEINAS and LESLIE STEINAS
and AASAP ABSTRACTING CO., INC., : CIVIL ACTION
Defendants : ASSIGNED TO ARBITRATION
ANSWER OF LUIS STEINAS AND LESLIE STEINAS
WITH NEW MATTER AND COUNTERCLAIM
And now come the Defendants, Luis Steinas and Leslie J. Steinas, by their
counsel, Joseph B. Sobel, and make the following Answer:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted in part and denied in part. It is admitted that copies of certain
photographs and invoices were sent to counsel for Luis and Leslie Steinas ("Steinases"),
on October 15, 2004, under cover of Exhibit "D", a letter dated October 14, 2004, from
Paul C. McCleary, Jr., Esquire, on behalf of his client, Plaintiff herein, and as President
of Defendant AASAP Abstracting Co., Inc. ("AASAP"), Escrow Agent, as more fully set
forth in the following New Matter. It is denied that the photographs truthfully or
accurately portray pertinent conditions on the premises and that the purported invoices
are for actual and reasonable expenses legitimately incurred by the buyer, as more fully
set forth in New Matter, below. On the contrary, the alleged expenses are false,
unreasonable and either were never paid or should not have been paid by the plaintiff.
Moreover, neither paragraph 5(B) nor any other part of the Articles of Agreement provides
for the alleged penalty for failure to remove debris from die property. On the contrary,
paragraph 5(B) requires only that the Seller vacate on or before the 18th day of
September, 2004, as the Sellers admittedly did.
10. Admitted. By way of further answer, the Steinas's refusal to accept the
proposed distribution was reasonable and proper, as more fully stated in New Matter,
below.
WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss
Plaintiffs Complaint, with costs of this action.
NEW MATTER
11. The allegations made in paragraphs 1 through 10, above, are incorporated
herein by reference.
2
12. Paul C. McCleary, Jr., Esquire signed the Articles of Agreement dated August
18, 2004 ("Agreement") attached to Plaintiff's Complaint as Exhibit "B" as President of
Defendant AASAP, Escrow Agent.
13. The same Paul C. McCleary, Jr., Esquire, in a letter to Steinas's counsel
dated September 27, 2004, refers to Myrl A. Hersh, as members of MBM Properties,
LLC. A copy of the letter is attached hereto and identified as Exhibit "1".
14. MBM Properties, LLC was incorporated on March 3, 2004, with the address
of 15 Sycamore Drive, Mechanicsburg, PA 17055.
15. The aforesaid Myrl A. Hersh, along with one Bonnie A. Hersh, has at all
pertinent times operated a business as "CV Services", having filed a fictitious name
application on August 1, 2002, using the same address of 15 Sycamore Drive,
Mechanicsburg, PA 17055, as used by Plaintiff.
16. The aforesaid Myrl A. Hersh also has a published home address of 15
Sycamore Drive, Mechanicsburg, PA 17055.
17. The purported invoice from the same "CV Services", attached to Plaintiff's
Complaint as Exhibit D, was created by the same Myrl A. Hersh, for the express purpose
of creating a false and grossly inflated claim against the Steinases or the escrowed funds,
or both.
18. No provision of any agreement requires that any area other than the single
small one-story structure on the property be delivered in "broom clean" condition, yet the
purported invoice claims that 154 hours were allegedly devoted to cleaning the premises
and removing items of personal property and debris.
3
19. Even if individuals were actually employed to perform tasks alleged by
Plaintiff, Plaintifrs purported invoice reflects an hourly change of $45.00 per hour, which
is patently false and unreasonable for unskilled labor of the kind appropriate for the task
at hand.
20. The aforesaid Paul C. McCleary, Jr., Esquire, in his capacity as legal counsel
to Plaintiff and Myrl A. Hersh, either knew or should have known of the flagrant self-
dealing described above, between Myrl A. Hersh, doing business as "CV Services", and
his newly-formed company, MBM Properties, LLC.
21. In his capacity as President of Defendant AASAP, Paul C. McCleary, Jr.,
Esquire was required to make full and timely disclosure of all pertinent information, as
fiduciary with respect to the funds of the Steinases, and both he and AASAP breached
their respective duties to the Steinases, of good faith and fair dealing.
WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss
Plaintiffs Complaint, with costs of this action.
COUNTERCLAIM
COUNT I - BREACH OF CONTRACT
22. The allegations made in paragraphs 1 through 21, above, are incorporated
herein by reference.
23. For the reasons and in the manner set forth in the foregoing paragraphs,
Plaintiff MBM Properties LLC and Defendant AASAP have, acting in concert, breached
the Articles of Agreement.
4
24. As a direct and continuing result of the aforesaid various breaches of
contract, the Steinases have sustained damages and incurred substantial legal and other
expenses.
WHEREFORE, Defendant respectfully requests that this Honorable Court order
Plaintiff and Defendant AASAP, jointly and severally, pay damages to the Steinases, in an
amount to be determined, with costs of this action.
COUNT II - FRAUD
25. The allegations made in paragraphs 1 through 24, above, are incorporated
herein by reference.
26. The allegations made in paragraphs 1 through 21, above, are incorporated
herein by reference.
27. For the reasons and in the manner set forth in the foregoing paragraphs,
Plaintiff and Defendant AASAP have, acting in concert, breached the Articles of
Agreement.
28. The aforesaid concerted actions of Plaintiff and Defendant AASAP, and their
respective principals constitute a premeditated, willful and fraudulent scheme to deprive
the Steinases of proper compensation for real estate sold to Plaintiff.
29. As a direct and continuing result of the aforesaid various breaches of
contract, the Steinases have sustained damages and incurred substantial legal and other
expenses.
5
WHEREFORE, Defendant respectfully requests that this Honorable Court order
Plaintiff and Defendant AASAP, jointly and severally, pay damages to the Steinases, in an
amount to be determined, with costs of this action.
Respectfully submitted,
I ) i AX. - e;?7 ? -
Joseph bel, Attorne*forDefendants
Luis Steinas and Leslie J. Steinas
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
(717) 234-2200
PAUL C. MCCLEARY, JR. LAW OFFICES AREA CODE 717
764-5926
WANDA L. STAHLE PAUL C. MCCLEARY, J R.
LEGAL ASSISTANT FAX 764-5928
KAREN A. GALBREATH SHILOH PROFESSIONAL CENTER
LEGAL ASSISTANT-REAL ESTATE 1998-A CARLISLE ROAD
KARINA. MCCLEARY YORK, PENNSYLVANIA 17404-1412
LEGAL ASSISTANT-REAL ESTATE
MARYE.RUHLMAN
LEGAL ASSISTANT
September 27, 2004
EXHIBIT
Joseph B. Sobel, Esquire
212 N. Third Street
Harrisburg, PA 17101
Re: Property transfer from Luis Steinas and Leslie J. Steinas, husband and
wife, SELLER to MBM Properties, LLC, BUYER. Premises known
and numbered as 10 North Frederick Street, Mechanicsburg Borough,
Cumberland County, PA.
Dear Attorney Sobel:
This will confirm that your clients, the above-captioned Seller, vacated the above-captioned
premises on Saturday, September 18, 2004 and delivered the keys to Myrl L. and Myrl A. Hersh,
members of my client, the above LLC.
This will also confirm that an inspection of the premises was made at the time of delivery
of possession of the premises with your client, Luis Steinas, Myrl L. and Myrl A. Hersh and their
Realtor, Keith Sultzbaugh in attendance. It appears that numerous items of personal property and
debris/salvage remained on the premises and were not removed. The Realtor prepared a written
walk-through inspection indicating items not removed and that the property was not in a
satisfactory/acceptable (broom clean) condition, which the parties signer`-. Numerous photos
showing the condition of the property were taken by the Hershes.
Therefore, in accordance with the terms and conditions of the Agreement which the parties
executed at the time of final settlement, the Escrow Agent will pay to my client, the Buyer, the
following:
1. The sum of One Thousand Two Hundred and 00/100 ($1,200.00) Dollars
representing rentals for the 30 day period your client occupied the property; and
2. The One Thousand Two Hundred and 00/100 ($1,200.00) Dollars security deposit
as a penalty for your client's failure to vacate the property free of all personal property and
debris/salvage, with all structures broom clean, as provided therein.
The Hershes have proceeded to clean up the property and have the remaining personal
Law Office
Paul C. McCleary, Jr.
September 27, 2004
Joseph B. Sobel, Esquire
212 N. Third Street
Page 2
property and debris/salvage removed therefrom. Upon completion, we will report to you what
expenses have been incurred in this clean-up and removal and what part, if any, of the Fifteen
Thousand and 00/100 ($15,000.00) Dollars escrowed for this purpose would be available to your
clients.
Very truly yours,
C7
G ?
Paul C. McCleary, Jr.
PCMcC,Jr:mr
cc: MBM Porperties, LLC,
Myrl L. Hersh, Member
Myrl A. Hersh, Member
VERIFICATION
We, Luis Steinas and Leslie J. Steinas, Defendants in the foregoing action,
verify that the statements made in the foregoing Answer with New Matter and
Counterclaim, are true and correct to the best of our knowledge, information and
belief. We understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
?J
Luis Steinas
'-r-jio iw- I ( zq&'6'?
Leslie J. Stei s
CERTIFICATE OF SERVICE
I hereby certify that on the 5th day of July, 2005, true and correct copies of the
foregoing Answer with New Matter and Counterclaim were served upon Plaintiff and
Defendant, AASAP Abstracting Co., Inc., by mailing same by United States mail, First
Class, postage pre-paid, to their respective attorneys of record, at the following
addresses:
MATTHEW J ESHELMAN ESQUIRE
SAIDIS SHUFF FLOWER & LINDSAY
2109 MARKET STREET
CAMP HILL PA 17011
PAUL C MCCLEARY JR ESQUIRE
SHILOH PROFESSIONAL CENTER
1998-A CARLISLE ROAD
YORK PA 17404-1412
- KJ&27? ((-3,
Joseph B. Sobel, Attorney for Defendants
Luis Steinas and Leslie J. Steinas
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
(717) 234-2200
r-?
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(17?
MBM PROPERTIES, LLC,
Plaintiff
Vs.
LUIS STEINAS, LESLIE STEINAS, and
AASAP ABSTRACTING CO., INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2005-2466
CIVIL ACTION - LAW
ASSIGNED TO ARBITRATION
MBM PROPERTIES, LLC'S REPLY TO
DEFENDANTS' COUNTERCLAIM AND NEW MATTER
The Plaintiff, MBM Properties, LLC ("MBM") by its attorneys, Saidis, Shuff, Flower &
Lindsay, P.C., in the person of Matthew J. Eshelman, Esquire, files this Reply to the Defendants'
Counterclaim and New Matter pursuant to Pa. R.C.P. No. 1017(a), alleging in support of its Reply
the following (with Defendants' New Matter shown in 9-point Arial font) :
REPLY TO NEW MATTER
if. The allegations made in paragraphs 1 through 10, above, are incorporated
herein by reference.
11. Plaintiff, MBM Properties, LLC, incorporates by reference all of the allegations and
exhibits set forth in its Complaint.
12. Paul C. McCleary, Jr., Esquire signed the Articles of Agreement dated
August 18, 2004 ("Agreement") attached to Plaintiffs Complaint as Exhibit "B" as President of
Defendant AASAP, Escrow Agent.
12. Admitted. It is admitted that, Paul C. McCleary, Jr., Esquire signed the Articles of
Agreement dated August 18, 2004 ("Agreement") attached to Plaintiffs Complaint as Exhibit "B" in
his capacity as President of Defendant AASAP, Escrow Agent..
13. The same Paul C. McCleary, Jr., Esquire, in a letter to Steinas's counsel
dated September 27, 2004, refers to Myra A. Hersh, as members of MBM Properties, I.L.C. A
copy of the letter is attached hereto and identified as Exhibit "1".
13. Admitted. It is admitted that the same Paul C. McCleary, Jr., Esquire, in a letter to
Steinas's counsel dated September 27, 2004, refers to Myrl A. Hersh, as members of MBM
Properties, LLC.
14. MBM Properties, LLC was incorporated on March 3, 2004, with the address
of 15 Sycamore Drive, Mechanicsburg, PA 17055.
14. Admitted. It is admitted that MBM Properties, LLC was incorporated on March
3, 2004, with the address of 15 Sycamore Drive, Mechanicsburg, PA 17055.
15. The aforesaid Myd A. Hersh, along with one Bonnie A. Hersh, has at all
pertinent times operated a business as "CV Services", having filed a fictitious name application
on August 1, 2002, using the same address of 15 Sycamore Drive, Mechanicsburg, PA 17055,
as used by Plaintiff.
15. Admitted. It is admitted that the aforesaid Myrl A. Hersh, along with one Bonnie A.
Hersh, has at all pertinent times operated a business as "CV Services", having filed a fictitious name
application on August 1, 2002, using the same address of 15 Sycamore Drive, Mechanicsburg, PA
17055, as used by Plaintiff.
16. The aforesaid Myd A. Hersh also has a published home address of 15
Sycamore Drive, Mechanicsburg, PA 17055.
16. Admitted. It is admitted that the aforesaid Myrl A. Hersh also has a published home
address of 15 Sycamore Drive, Mechanicsburg, PA 17055.
17. The purported invoice from the same "CV Services", attached to Plaintiffs
Complaint as Exhibit D, was created by the same Myd A. Hersh, for the express purpose of
creating a false and grossly inflated claim against the Steinases or the escrowed funds, or both.
17. Admitted in part and denied in part. It is admitted that the invoice from CV Services,
attached to Plaintiffs Complaint as Exhibit D, was created by the same Myrl A. Hersh. It is denied
that it was created for the purpose of creating a false or grossly inflated claim against the Steinases or
the escrowed funds, or both.
1s. No provision of any agreement requires that any area other than the single
small one-story structure on the property be delivered in "broom dean" condition, yet the
purported invoice claims that 154 hours were allegedly devoted to cleaning the premises and
removing items of personal property and debris.
18. Admitted in part and Denied in part. The terms of the Articles of Agreement speak
for themselves. Paragraph 4 of the Articles of Agreement specifically provides "Seller shal
deliver possession of the premises to Buyer by key and vacant premises free of all personal
property and debris/salvage, with all structures broom clean on or before 4:00 P.M. on the
aforesaid date of the 18`h day of September, 2004." It is admitted that the invoice claims 154
hours were devoted to cleaning the premises and removing items of personal property and debris.
19. Even if individuals were actually employed to perform tasks alleged by
Plaintiff, Plaintiff's purported invoice reflects an hourly change of $45.00 per hour, which is
patently false and unreasonable for unskilled labor of the kind appropriate for the task at hand.
19. Denied. It is denied that an hourly charge of $45.00 per hour is false or unreasonable
for the labor of the kind appropriate for the task at hand. It is denied that that task at hand did
not require skills or experience, or that the task was not hazardous or difficult.
20. The aforesaid Paul C. McCleary, Jr., Esquire, in his capacity as legal
counsel to Plaintiff and Myd A. Hersh, either knew or should have known of the flagrant self-
dealing described above, between Myd A. Hersh, doing business as "CV Services", and his
newly-formed company, MBM Properties, LLC.
20. Denied. It is denied that Paul C. McCleary, Jr., Esquire, in his capacity as legal counsel
to Plaintiff and Myrl A. Hersh, either knew or should have known of the flagrant self-dealing
described above, between Myrl A. Hersh, doing business as "CV Services", and his newly-formed
company, MBM Properties, LLC.
21. In his capacity as President of Defendant AASAP, Paul C. McCleary, Jr.,
Esquire was required to make full and timely disclosure of all pertinent information, as fiduciary
with respect to the funds of the Stenases, and both he and AASAP breached their respective
duties to the Steinases, of good faith and fair dealing.
21. Denied. The allegations contained in Paragraph 21 of the Defendants' Counterclaim
constitute a conclusion of law to which no responsive pleading is required; however, to the
extent those allegations are deemed to be factual, the same are denied.
WHEREFORE, the Plaintiff, MBM Properties, LLC, respectfully restates its demand for
judgment against the Defendants as set forth in its Complaint.
REPLY TO COUNTERCLAIM
COUNT 1- BREACH OF CONTRACT
22. The allegations made in paragraphs 1 through 21, above, are incorporated
herein by reference.
22. The averments and responses set forth in paragraphs I through 21 above are
incorporated herein by reference.
23. For the reasons and in the manner set forth in the foregoing paragraphs,
Plaintiff MBM Properties LLC and Defendant AASAP have, acting in concert, breached the
Articles of Agreement.
23. Denied. The allegations contained in Paragraph 23 of the Defendants' Counterclaim
constitute a conclusion of law to which no responsive pleading is required; however, to the
extent those allegations are deemed to be factual, the same are denied. It is specifically denied
that the Plaintiff and Defendant AASAP have acted in concert to breach the Articles of
Agreement.
24. As a direct and continuing result of the aforesaid various breaches of
contract, the Steinases have sustained damages and incurred substantial legal and other
expenses.
24. Denied. It is denied that as a result of any conduct of the Plaintiff or of Defendant
AASAP have the Steinases sustained any damages or incurred any legal expenses for which they
might be legally entitled to recovery
COUNT II-FRAUD
25. The allegations made in paragraphs 1 through 24, above, are incorporated herein by
reference.
25. The averments and responses set forth in paragraphs 1 through 24 above are
incorporated herein by reference.
26. The allegations made in paragraphs 1 through 21, above, are incorporated herein by
reference.
26. The averments and responses set forth in paragraphs 1 through 21 above are
incorporated herein by reference.
27. For the reasons and in the manner set forth in the foregoing paragraphs, Plaintiff and
Defendant AASAP have, acting in concert, breached the Articles of Agreement.
27. Denied. The allegations contained in Paragraph 27 of the Defendants' Counterclaim
constitute a conclusion of law to which no responsive pleading is required; however, to the
extent those allegations are deemed to be factual, the same are denied. It is specifically denied
that the Plaintiff and Defendant AASAP have acted in concert to breach the Articles of
Agreement.
28. The aforesaid concerted actions of Plaintiff and Defendant AASAR and their
respective principals constitute a premeditated, willful and fraudulent scheme to deprive the Steinases of
proper compensation for real estate sold to Plaintiff [sic).
28. Denied. It is denied that the Plaintiff and Defendant AASAP, or their respective
principals, have acted in concert to effectuate a premeditated, willful or fraudulent scheme to
deprive the Steinases of proper compensation for real estate sold by the Steinases to MBM. By
way of further answer, MBM did, without consultation or premeditation with Defendant AASAP
present a demand for compensation for damages which MBM did incur as a result of the
Steinases delivery of the premises to MBM strewn with copious amounts of debris and salvage.
29. As a direct and continuing result of the aforesaid various breaches of contract, the
Steinases have sustained damages and incurred substantial legal and other expenses.
29. Denied. It is denied that as a result of any conduct of the Plaintiff or of Defendant
AASAP have the Steinases sustained any damages or incurred any legal expenses for which they
might be legally entitled to recovery
WHEREFORE, Plaintiff, MBM Properties, LLC, demands judgment against Defendants,
Luis Steins and Leslie Steinas liquidated in the amount of 12,308.58, where such amount does not
exceed $25,000.00, to include legal fees and costs of collection, plus interest and cost, the dismissal
of the demands of the Defendants Steinas in their Counterclaim, and such other relief as the Court
deems appropriate.
Respectfully
& LINDSAY
Date: August 5, 2005 By: - I '"
Matthew J. Eshelman, Esquire ID #7265f
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
Attorney for MBM Properties, LLC
^77-; ,1-{>?L436 AI?J? ; ru??Pc P? niA??P
MBM PROPERTIES, LLC,
Plaintiff
vs
LUIS STEINAS, LESLIF. STEINAS, and
AASAP ABSTRACCINQ CO., INC.,
Defendants
780 POP A(JF 05 '053 07;14
II
Ali
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No_ 2005-2466
CIVIL ACTION-- LAW
ASSIGNED TO ARBITRATION
VERIFICATION
1, Myrl A. Hersh, hereby verify that the statements made in the foregoing pleading are true
and cormct to the best of my information, knowledge and belief I understand that false statements
herein ure made tiubjcct to the pcnalties of 18 Pa- C S_ Section 4904, relating, to uuswom
falsification to autbocities.
Date: By:
yr . Huh
F M Properties, LLC
MBM PROPERTIES, LLC,
Plaintiff
Vs.
LUIS STEINAS, LESLIE STEINAS, and
AASAP ABSTRACTING CO., INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2005-2466
CIVIL ACTION - LAW
ASSIGNED TO ARBITRATION
CERTIFICATE OF SERVICE
AND NOW, this C day of August 2005, I, Matthew J. Eshelman, Esquire, of the firm of
Saidis, Shuff, Flower & Lindsay, P.C., hereby certify that I this day served a true and correct copy
of MBM Properties, LLC's Reply to Defendants' Counterclaim and New Matter upon the party
listed below via United States Mail, postage prepaid, addressed as follows:
Joseph B. Sobel
P.O. Box 828
Harrisburg, PA 17108-0828
Respectfully submitted,
SAIDIS, SVUFF, FLOWER & LINDSAY
By:,
Malth6r J1 Eshelman, Esquire
Supreme Court ID 472655
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
n
CP ?A
C 7a
?
y
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-02466 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MBM PROPERTIES LLC
VS
STEINAS LUIS ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
STEINAS LUIS
but was unable to locate Him
deputized the sheriff of DAUPHIN
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On June 13th , 2005 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Dauphin County 37.25
Postage 1.11
So answer,5 ---
;,mac:
R!. Thomas Kline
Sheriff of Cumberland County
75.36
06/13/2005
SAIDIS SHUFF FLOWER LINDSAY
Sworn and subscribed to before me
this dt; day of Lb, ,
?9_¢06' A.D.
Prothonotary '
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-02466 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MBM PROPERTIES LLC
VS
STEINAS LUIS ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
STEINAS LESLIE
but was unable to locate Her
deputized the sheriff of DAUPHIN
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On June 13th , 2005 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answers-
Docketing 6.00
Out of County .00
Surcharge 10.00 Thomas Kline
.00 Sheriff of Cumberland County
.00
16.00
06/13/2005
SAIDIS SHUFF FLOWER LINDSAY
Sworn and subscribed to before me
this -20 ` day ofL
Z'
o2b(ji1 A.D. l
Prothonotary`
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-02466 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MBM PROPERTIES LLC
VS
STEINAS LUIS ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
AASAP ABSTACTING CO INC
but was unable to locate Them
deputized the sheriff of YORK
, to wit:
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On June 13th , 2005 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep York County
.00
49.86
06/13/2005
SAIDIS SHUFF FLOWER LINDSAY
So answers.-----
6.00
9.00 e ?-
10.00 R. Thomas Kline
24.86 Sheriff of Cumberland County
Sworn and subscribed to before me
this , day of
o27L.5' A.D.
Prothonotary'
In The Court of Common Pleas of Cumberland County, Pennsylvania
MBM Properties LLC
VS.
Luis Steinas et al No. 05-2466 civil
SERVE: Luis Steinas
Now, May 11, 2005 1, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to _
So answers,
Sheriff of
Sworn and subscribed before
me this _ day of 120
^
20_, at o'clock M. served the
copy of the original
the contents thereof.
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
In The Court of Common Pleas of Cumberland County, Pennsylvania
MBM Properties LLC
VS.
Luis Steinas et al
SERVE: Leslie Steinas
Now, May 17, 2005 ,1, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
No. 05-2466 civil
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to _
a
and made known to
So answers,
Sheriff of
Sworn and subscribed before
me this _ day of 20
20? at o'clock M. served the
copy of the original
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
the contents thereof.
County, PA
(off
I f t4P ?$4rr ff
Mary Jane Snyder
Peat Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph:(717)255-2660 fax:(717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania MBM PROPERTIES LLC
vs
County of Dauphin STEINAS LESLIE
Sheriff's Return
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
No. 0900-T - - -2005
OTHER COUNTY NO. 05-2466 CIVIL TERM
AND NOW:June 3, 2005 at 9:40AM served the within
NOTICE & COMPLAINT upon
STEINAS LUIS by personally handing
to LUIS STEINAS 1 true attested copy(ies)
of the original NOTICE & COMPLAINT and making known
to him/her the contents thereof at 613 SHIELD ST
HARRISBURG, PA 17109-0000
Sworn and subscribed to
before me this 3RD day of JUNE, 2005
A---
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. 1, 2006
So Answers,
el;c
1?
Sheriff of Dauphin County, Pa.
C
By _ 4
Deputy Sheriff
Sheriff's Costs:$37.25 PD 05/18/2005
RCPT NO 207008
TF
t?Qr o`Pxr f f
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania MBM PROPERTIES LLC
vs
County of Dauphin STEINAS LESLIE
Sheriff's Return
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
No. 0900-T - - -2005
OTHER COUNTY NO. 05-2466 CIVIL TERM
AND NOW:June 3, 2005 at 9:40AM served the within
NOTICE & COMPLAINT upon
STEINAS LESLIE by personally handing
to LUIS STEINAS 1 true attested copy(ies)
of the original NOTICE & COMPLAINT and making known
to him/her the contents thereof at 613 SHIELD ST
HARRISBURG, PA 17109-0000
Sworn and subscribed to
before me this 3RD day of JUNE, 2005
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. 1, 2006
So Answers,
°
t? ?'
Sheriff of Dauhin County, Pa.
Al,-,7, C-
By
Deputy Sheriff
Sheriff's Costs:$37.25 PD 05/18/2005
RCPT NO 207008
TF
COUNTY OF YORK
OFFICE OF THE SHERIFF
45 N. GEORGE ST-,YORK, PA 17401
SERVICE CALL
(717) 771-9601
SHERIFF SERVICE INSTRWTIONS
PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LIVE 1 TWU 13
ao WF DETACH COPS
1 PLAINTIFFISI 2. COURT NUMBER
MFM
1.
LLC
Luis Steinas et al
4. TYPE OF WRIT OR COMPLAINT
Notice & Complaint
SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LE I U, Af IAGHLU. Vn avw
AASAP Abstracting Co Inc
6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO., CITY, BORO. TWP. STATE AND LP CODE)
AT 1998-A Carlisle Road York, PA 17404
7. INDICATE SERVICE. 13 PERSONAL U PERSON IN CHARGE U DEPUTIZE ' C RT. I1- U IST CLASS MAIL U POSTED U OTHER
NOW May 17 20 05 1, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of
York COUNTY to execute 17 rtlt'aTidmake return ther(r according
to taw. This deputization being made at the request and risk of the plaintiff.,
SHERIFF OF COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. CLanberland
Please mail return of service to Cumberland County Sheriff. Thank you.
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sherdf levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss. destruction, or removal of any property before sheriffs sale Inereof.
9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE_ 10. TELEPHONE NUMBER Ili DATE FILED
12. SEND
U Y"\
BELOW (Thos ea must completed a rwtice is
(f
D-
7 1165
13. 1 enknioaletlge receipt of the Will 14 GATE R CE//fVV, ate
or complaint as Indicated above.-
16. NOW SERVED. PERSONAL ?... RESIDENCE I ) POSTED( ) POE ( I SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW
tt -61 hereby cerary, and return 040T FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below J
18 AND Tl LE OF,IFN?DIVIDLLIALL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVEEt (Relationship to Def "de 19. Date of Service 20. Tune Hof SSeNica Is ??
21. ATTEMPTS Date Time MiMS Int Dale Time Miles Int. T Date 1 Time I Miles I Int. ' Date I Time I Miles I Int. I Date I Tome-TMiles I Int. ' Date I Time I Miles I IM
Costs 24. Se[MIC
35. Advance Costs( 36.
.
28. Sub Total 129
cert 138
41. iRFFIRMEB'and??itl)e)bHHan,nbeS.lo Oetore me mis_..
42.21L}?'
`f
Q C`?tY 44. Signature W
Dep. Sheriff
;
i
fiTEf NOta
City of York, York County r NOTARY 46. Spnabue d York
r'+CammiSSion EX res
?' APN 20
2Cng County Sheriff
, M X104
WILLIAM
r1% d
fJ JM /, n if
J /1 8 S
48. Signature of faegn
County
SheMl
I /yCKNOvii RECEIPT OF THE SHERIFFJSTfETURN SIGNATURE
CIF AUTHORIZED ISSUING AUTHORITY AND iIYLE
WHITE - Is%WV Authority 2. PINK - Attorney 3. CANARY - Sheoffs Office 4. BLUE - Sheriffs Office
wv
a)
Tot. Coslsl 33
dd Costs
or
49
TE RECEIVED
MBM PROPERTIES, LLC, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 05-2466 Civil Term
LUIS STEINAS and LESLIE STEINAS
and AASAP ABSTRACTING CO., INC., : CIVIL ACTION
Defendants : ASSIGNED TO ARBITRATION
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue a Writ to join as Additional Defendants in connection with the above-
captioned case, the following individuals:
BONNIE A. HERSH
15 SYCAMORE ROAD
MECHANICSBURG, PA 17050
Respectfully submitted,
g Ake
Joseph B. Sobel, Attorney fbr-befendants
Luis Steinas and Leslie J. Steinas
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 117108-0828
(717) 234-2200
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MBM PROPERTIES, LLC,
Plaintiff
Vs.
LUIS STEINAS and LESLIE STEINAS
and AASAP ABSTRACTING CO., INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2466 Civil Term
CIVIL ACTION
ASSIGNED TO ARBITRATION
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue a Writ to join as Additional Defendants in connection with the above-
captioned case, the following individuals:
MYRL A. HERSH
15 SYCAMORE ROAD
MECHANICSBURG, PA 17050
Respectfully submitted,
N" R ,We
Joseph B. So el, Attorney f efendants
Luis Steinas and Leslie J. Steinas
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
(717) 234-2200
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Cumberland County, ss :
The Commonwealth of Pennsylvania to Merl A. and Bonnie A_ Hersh
(Name of Additional Defendant)
You are notified that Luis S in . and Le-lie SteinaG
(Name (s) of Defendant (s) )
has (have) joined you as an additional defendant in this action, which you are re-
quired to defend.
Date 8/9 /05
Watery
?o
By
Day
(SEAL)
Myrl A. and Bonnie A. Hersh
15 Sycamore Road
Mechanicsburg, PA 17050
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MBM PROPERTIES, LLC,
Plaintiff
vs.
LUIS STEINAS, LESLIE STEINAS, and
AASAP ABSTRACTING CO., INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2005-2466
CIVIL ACTION - LAW
ASSIGNED TO ARBITRATION
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Matthew J. Eshelman, counsel for Plaintiff in the above action, respectfully represent that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is in the amount of $12,308.58 plus costs
and interest on the judgment and such other relief as the Court may deem appropriate, which
amount is below the mandatory arbitration figure set forth by local rule. The counterclaim of the
Defendants in the action demands "an amount to be determined, with costs," but it is submitted
that such amount cannot exceed $12,308.58.
3. The following attorneys are interested in the case a s counsel or are otherwise
disqualified to sit as arbitrators: John E. Slike, Robert C. Saidis, Geoffrey S. Shuff, James D.
Flower, Jr., Carol J. Lindsay, Brian C. Caffrey, George F. Douglas, III, Matthew J. Eshelman,
Thomas E. Flower, Suzanne Hixenbaugh and Joseph B. Sobel.
WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators
to whom the case shall be submitted.
Respectfully
& LINDSAY
Date: 0167 ?0S By:
Matthew J. Eshelman, Esquire, ID No 72655
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
Attorneys for Plaintiff
N
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r ?' ?,
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{
MBM PROPERTIES, LLC,
Plaintiff
Vs.
LUIS STEINAS, LESLIE STEINAS, and
AASAP ABSTRACTING CO., INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2005-2466
CIVIL ACTION -- LAW
ASSIGNED TO ARBITRATION
AASAP ABSTRACTING CO.'S REPLY TO
DEFENDANTS' COUNTERCLAIM AND NEW MATTER
The Defendant, AASAP Abstracting Co., Inc., ("AASAP") by its attorneys, Saidis, Shuff,
Flower & Lindsay, P.C., in the person of Matthew J. Eshelman, Esquire, files this Reply to the
Defendants' Counterclaim and New Matter pursuant to Pa. R.C.P. Nos. 1017(a) and 2255(a),
alleging in support of its Reply the following:
11 to 29. Defendant AASAP Abstracting Co., Inc., joins in the Reply to New Matter and
Counterclaim of Plaintiff, MBM Properties, LLC, and incorporates by reference all of the
allegations and exhibits set forth in that document.
30. Both Plaintiff MBM Properties, LLC, and Defendants Luis and Leslie Steinas
agreed to indemnify and hold Defendant AASAP Abstracting Co., Inc., harmless for services
pursuant to the terms of the Articles of Agreement. See Complaint, Exhibit "B" at page 3.
WHEREFORE, Defendant, AASAP Abstracting Co., Inc., requests the dismissal of the
demands of the Defendants Steins in their Counterclaim, and such other relief as the Court deems
appropriate.
Respectfully
& LINDSAY
Date: August 9, 2005 By:.
Matthew J. Eshelman, l3squire ID #72655
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
Attorneys for AASAP Abstracting, Co., Inc.
....,'.: "2 ?8 PM MCCIEARY 1P' F?RM
FIB/R9/9A0S 14:00 1177-17715S
MBM PROPERTIES, LLC,
Plaintiff
Vs.
LUIS STEINAS, LESLIE STEMAS, and
AASAP ABSTRACTING CO., INC.,
Defendants
c:qX V). 717 764 5928
SAIDZ SHUT FMWERX
P. 02
PAGE 671/01.
hN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2005-2466
CIVIL ACTION - LAW
ASSIGNED TO ARBITRATION
VER.IFICATTON
I, Paul C. McClexy, Jr., on behalf of AASAP Abstracting Co., Inc., hereby verify that the
statements made m the foregoing pleading we hue and correct to the beat of my information,
knowledge and belief. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. Section 4904, relating to umwom falsification to authorities.
Date: a'j z D D? By: -, Y?
f Paul. C. McCleary, Jr., Presldeof
For .AASAP Abstracting Co., Inc.
MBM PROPERTIES, LLC,
Plaintiff
VS.
LUIS STEINAS, LESLIE STEINAS, and
AASAP ABSTRACTING CO., INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2005-2466
CIVIL ACTION - LAW
ASSIGNED TO ARBITRATION
CERTIFICATE OF SERVICE
114
AND NOW, this to day of August 2005, I, Matthew J. Eshelman, Esquire, of the firm of
Saidis, Shuff, Flower & Lindsay, P.C., hereby certify that I this day served a true and correct copy
of AASAP Abstracting Co., Inc.'s Reply to Defendants' Counterclaim and New Matter upon the
party listed below via United States Mail, postage prepaid, addressed as follows:
Joseph B. Sobel
P.O. Box 828
Harrisburg, PA 17108-0828
Respectfully submitted,
SAIDI , HUFF, OWE;R & LINDSAY
Date: Au!ust 9 2005 BY: (\?--
Matthew J. Eshelman, Esquire ID #72655
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
Attorneys for AASAP Abstracting, Co., Inc.
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MBM PROPERTIES, LLC,
Plaintiff
vs.
LUIS STEINAS, LESLIE STEINAS, and
AASAP ABSTRACTING CO., INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2005-2466
CIVIL ACTION - LAW
ASSIGNED TO ARBITRATION
CERTIFICATE OF SERVICE
AND NOW, this k day of August 2005, I, Matthew J. Eshelman, Esquire, of the firm of
Saidis, Shuff, Flower & Lindsay, P.C., hereby certify that I this day served a true and correct copy
of the Petition for Appointment of Arbitrators upon the party listed below via United States Mail,
postage prepaid, addressed as follows:
Joseph B. Sobel
P.O. Box 828
Harrisburg, PA 17108-0828
Respectfully submitted,
SAIDIS,
& LINDSAY
Matthew J. Eshelman, Esquire
Supreme Court ID #72655
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
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MBM PROPERTIES, LLC,
Plaintiff
vs.
LUIS STEINAS, LESLIE STEINAS, and
AASAP ABSTRACTING CO., INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2005-2466
CIVIL ACTION-LAW
ASSIGNED TO ARBITRATION
ORDER OF COURT
AND NOW, this L day of 2005, in consideration of the foregoing Petition,
-r
f A ?, Esquire, f5 Cam- 0- )& d 0 SXI) and
d? Esquire are appointed arbitrators in the above-captioned
action as prayed for.
BY THE COURT:
P.J.
V
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?7D ?Z !!? Z 1 DDS SODl
AHAONOH Oo'd 3Nl j0
301 `:40-a lIH
MBM PROPERTIES, LLC, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 05-2466 Civil Term
LUIS STEINAS and LESLIE STEINAS
and AASAP ABSTRACTING CO., INC., : CIVIL ACTION
Defendants : ASSIGNED TO ARBITRATION
REPLY OF LUIS STEINAS AND LESLIE STEINAS TO
NEW MATTER OF DEFENDANT AASAP ABSTRACTING CO.. INC.
And now come the Defendants, Luis Steinas and Leslie J. Steinas, by their
counsel, Joseph B. Sobel and, pursuant to Pa.R.C.P. 1030(a), make the following Reply
to New Matter pleaded as "Paragraph 30" in the Answer filed by AASAP Abstracting
Co., Inc. ("AASAP"), to the Counterclaim of Defendants, Luis Steinas and Leslie J.
Steinas ("Steinas"):
30. Admitted in part and denied in part. It is admitted that Steinas executed the
agreement in question; and it is denied that the quoted verbiage is capable of sufficiently
clear interpretation so as to be pertinent, and, if pertinent is not applicable to Steinas.
On the Contrary, Steinas incorporate by reference the contents of paragraphs 11
through 29 of their Answer with New Matter and Counterclaim, which establish a course
of conduct on the part of AASAP and its president, acting; as counsel for and in concert
with Plaintiffs and their principals, which violates not only the terms of the agreement
referenced in the allegation but also their duty to Steinas of fair dealing, as fiduciaries
with respect to the creation and execution of the provisions of the said agreement. By
1
way of further response, collusion between and among AASAP, its president and Plaintiff
and its principals, to the detriment of Steinas, continues, as reflected by the legal
representation of substantially all such individuals and entities by the same counsel.
WHEREFORE, Defendant respectfully requests that this Honorable Court order
Plaintiff and Defendant AASAP, jointly and severally, pay damages to the Steinases, in an
amount to be determined, with costs of this action.
Respectfully submitted,
V
P.O. Box 828
Harrisburg, PA 17108-0828
l'>
A2
Joseph bel, Attorney for Defendants
Luis Steinas and Leslie J. S
teinas
I.D. No. 17715
(717) 234-2200
2
VERIFICATION
We, Luis Steinas and Leslie J. Steinas, Defendants in the foregoing action, verify
that the statements made in the foregoing Reply to New Matter are true and correct to
the best of our knowledge, information and belief. We understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn
falsification to authorities.
Luis Steinas
Leslie J. Stein s
CERTIFICATE OF SERVICE
I hereby certify that on the 29th day of August, 2005, a true and correct copy of
the foregoing Reply of Defendants Luis Steinas and Leslie J. Steinas to New Matter of
Defendant AASAP Abstracting Co., Inc., was served upon Defendant AASAP
Abstracting Co., Inc., by mailing same by United States mail, First Class, postage pre-
paid, to its attorney of record, at the following address:
MATTHEW J ESHELMAN ESQUIRE
SAIDIS SHUFF FLOWER & LINDSAY
2109 MARKET STREET
CAMP HILL PA 17011
r
1f
Josep o el, Attorney for Defendants
Luis Steinas and Leslie J. Steinas
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
(717) 234-2200
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MBM PROPERTIES, LLC,
Plaintiff
Vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2466 Civil Term
LUIS STEINAS and LESLIE STEINAS
and AASAP ABSTRACTING CO., INC.,
Defendants
MYRL A. HERSH and
BONNIE A. HERSH, individually
and d/b/a CV Services,
Additional Defendants
CIVIL ACTION
ASSIGNED TO ARBITRATION
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 the
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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166 OR 1-800-990-9108
NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de
plazo al partir de la fecha de Is. demanda y Is notificacion. Usted debe presentar una
apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita
sus defensas o sus objeciones a las demandas en contra de su corte tomara medidas y
puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier
queja o alivio que es pedido en Is. peticion de demanda. Usted puede perder dinero o
sus propiedades o otros derechos importantes pars. usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA LE PUEDE PROVEER INFORMACION A CERCA
DE COMO CONSEQUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS
QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS
QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166 OR 1-800-990-9108
n
R A e
Joseph el, Attorney for Counterclaim
Plaintiffs Luis and Leslie J. Steinas
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
(717) 234-2200
MBM PROPERTIES, LLC,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2466 Cavil Term
LUIS STEINAS and LESLIE STEINAS
and AASAP ABSTRACTING CO., INC.,
Defendants
MYRL A. HERSH and
BONNIE A. HERSH, individually
and d/b/a CV Services,
Additional Defendants
CIVIL ACTION
ASSIGNED TO ARBITRATION
COUNTERCLAIM OF LUIS STEINAS AND LESLIE; J. STEINAS AGAINST
MYRL A. HERSH AND BONNIE A. HERSH. ADDITIONAL DEFENDANTS
1. Counterclaim Plaintiffs are Luis Steinas and Leslie J. Steinas ("Steinases"),
husband and wife and adult individuals residing at 613 Shield Street, Harrisburg,
Dauphin County, Pennsylvania 17109.
2. Additional Defendants are Myrl A. Hersh and Bonnie A. Hersh ("Hershes"),
husband and wife and adult individuals, residing and doing business at 15 Sycamore
Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, under the fictitious
name CV Services ("CV").
3. Steinases incorporate herein by reference paragraphs 9 through 29 of the
Answer with New Matter and Counterclaim filed by Steinases in response to the
Complaint of MBM Properties, LLC ("MBM")
4. As reflected in a letter dated October 14, 2004, from Paul C. McCleary, Jr.,
Esquire, a copy of which, with enclosed invoices, is attached hereto and identified
collectively as Exhibit "A", his client, MBM had contracted with CV Services to
remove certain debris or salvage from the premises in question, located at 10 North
Frederick Street, Mechanicsburg.
5. Notwithstanding the use by the Hershes of a CV Services form styled as an
"Estimate", the aforesaid letter asserts not only that the! document, dated October 11,
2005, evidences a claim in the amount of $9,908.58, for services previously performed
by CV Services but also that the claim either had been or would be satisfied by
AASAP Abstracting Co., from funds escrowed by and belonging to the Steinases, who
could receive the remainder of their funds only after acceding to the joint demands of
all other parties to this lawsuit.
6. At all pertinent times, all other parties to this lawsuit evidently were
represented by the same Paul C. McCleary, Jr., who is also president of defendant and
escrow agent AASAP Abstracting Co., and all such parties are represented in this lawsuit
by the same attorney.
7. The said Paul C. McCleary, Jr. and the Hershes, individually and by and
through their respective businesses, have at all pertinent times acted in concert.
8. The Hershes have engaged in a fraudulent course of conduct calculated to
deprive the Steinases of the full lawfully agreed consideration due them for the sale of
the real estate in question, to the extent of not less than $16,200.00, located at 10
North Frederick Street, Mechanicsburg, particularly as follows:
a. Preparation and submission, as undisclosed principals of CV
Services, of a grossly excessive monetary claim for services not actually
performed, as reflected in the "Estimate" of October 11, 2004 attached as
Exhibit "A";
b. Preparation and submission, as undisclosed principals of CV
Services, of a grossly excessive monetary claim for services allegedly performed
2
for them by Tiger Trash, as reflected in the "Estimate" of October 11, 2004 and
Tiger Trash Invoices of September 24 and 28, 2004 attached as Exhibit "A";
9. The course of conduct engaged in by the He rshes consists of willful and
outrageous overreaching, self-dealing and fraud, all designed to deprive the Steinases
of just and proper compensation for real estate sold to MBM, as a result of which
Steinases are entitled to claim punitive damages.
10. Steinases have lost use of the funds in question during the one-year period
held in escrow and have incurred substantial attorneys fees, reasonably expected to
amount to not less than $3,000.00.
WHEREFORE, Plaintiffs demand that Myrl A. Hersh and Bonnie A. Hersh pay
compensatory and punitive damages in such unliquidated sums as may be determined,
with counsel fees and costs of this action, and be afforded such other and further relief
as may be found to be just and reasonable.
Respectfully submitted,
Joseph obel, Attorney for Counterclaim
Plaintiffs Luis Steinas and Leslie J. Steinas
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
(717) 234-2200
3
PAUL C. MCCLEARY, JR. LAW OFFICES AREA CODE 717
764-6926
WANDA L. STAHLE PAUL C. McCLEARY, JR.
FAX 7645926
LEGAL ASSISTANT SHILOH PROFESSIONAL CENTER
KAREN A. GALBREATH
LEGAL ASSISTANT-REAL ESTATE 1996-A CARLISLE ROAD
KARIN A. MCCLEARY YORK, PENNSYLVANIA 17404-1412
LEGAL A ISTANTAEAL ESTATE
MARY E. RUHLMAN
LEGALAS6t1IftrrlFlED MAIL
RETURN RECEIPT REQUESTED
October 14, 2004
Joseph D. Sobel, Esquire
212 North Third Street
Harrisburg, PA 17101
Re: Property transfer from Luis Steinas and Leslie J. Steins, husband and
wife, SELLER to MBM Properties, L LC, BUYER. Premises known and
numbered as 10 North Frederick Street, Mechanicsburg Borough,
Cumberland County, PA.
Dear Attorney Sobel:
The Agreement between the parties dated August 18, 2004, provided in paragraph number 4:
"SELLER shall deliver possession of the premises to 13UYER by key and vacant premises
free of all personal property and debris/salvage, with all structures broom clean on or before 4:00 P. M.
on the aforesaid date of the 18' day of September, 2004.
SELLER and BUYER agree that as of the date SELLER delivers possession of the
premises to BUYER, BUYER shall make an inspection of the premises."
When your clients, the above-captioned Seller, vacated the above-captioned premises on Saturday,
September 18, 2004, they had not complied with the conditions specified in the above paragraph number
4. Enclosed are numerous photographs depicting the condition of the premises on the date your clients
vacated the premises.
The above referenced Agreement in paragraph number 5, provides for funds deposited in escrow
by your clients in order to remedy a breach of contract by your clients. My client contracted to remove
the debris/salvage in order that the condition of the premises complied with the terms of the Agreement.
Enclosed are copies of invoices to be paid by my client in order to remove the debris/salvage from the
premises. The penalty provided in paragraph number 5 (B) will be paid to my client, together with the total
costs of $9,908.58. Accordingly, your clients are entitled to receive $5;,091.42, which is the balance of the
$15,000.00 held in escrow.
Upon receipt of a letter from you stating that your clients are in agreement with the terms herein,
we will forward to you the sum of $5,091.42 representing the balance of your clients' deposit of
$15,000.00
Wery
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tA?Pauul C. McCleary, Jr.
PCMcC,Jr:mr
Enclosures EXHIBIT
cc: M13M Properties, Inc. If d "All
Oct 11 04 06to3a
3M Properties Inc
North Fredrick SL
Ddtarticsbur% PA 17055
DATE JOB# WBTOMERPO# (Estimate
10n1f2004 ,aau
CONTACT PHONE s JOB LOCATION TYPE OF WORK
L Hersh 70 N. Fnadddc 8t 1Neclt SERVICE EXTRA WORK
CV Services
717-697-5967
CV Services
.SCRWt M OF WORK Removal of trash on Sts Mo0l8Y located of 10 N Frodtfdt Street
ary MATERIAL TOTAL
1 924104 MOWSM 1,183.70
1 9028A4 MWSTER 544.88
1 STEM REMOVAL 11250-00
SUBTOTAL 23878.58
SUBTOTAL 6,990-00
OTY OTHEKCHARGES UNIT TOTAL
SUBTOTAL
717-697-3320 PH
Mechanicsburg, FA 17050 717.697-5967 BX
CV Semms would Ike to Th" You for year Patronap- TOTAL MATERIAL 2,978.58
TOTAL LABOR L6930.00
TOTAL OTHER
TOTAL. i 9,808.68
p.2
Oct 11 04 06:o3a CV Services
TIGER
T- R A• S• N
20521
C .V. Services
15 Sycamore Dr
MeoharAcsburg, PA 17050
P.0. ow 2444
(717) 009 1111
1.00 PC
11.66 TOX
1.00 FC
Sgrvice l?dtms_
Same
10 N Frooorick St
Mechanicsburg, tot
717-697-5967 P.3
Re6urn Top Pa6oR vrdlh Payment To:
Tiger Tmsh
P.Q. Box 2444
YorV, PA 17405-2444
Dane Irwalce Pam
9/24/04 b1220 1
Total Invoicp $910.54
-z'YSlfln6rm---d7iv?ipII F--(iM 'paw
?aSCYC Al Dill _ _- ?-?1 l'Rf1Ce _?l(?,-Pj?C@
Pull Charge 199.00 199.00
piaponal tee per Ton 60.00 699.60
Fuel Surcharge 11.94 11.94
're?Tns ----- Due TWO -
Nnt 30 Days 10/24/04
Subtotal
Salem Tax
910.5
$910.54
Oct 11 04 06:04a CV Services
TIGER
20621
C.V. Services
16 Sycamore Or
Machardcsburg, PA 17050
717-687-5867 P.4
Reaup Top Portion with Payment To.
Tiger Tmsh
P.O. Box 2444
Yor14 PA 17405-2444
Data imtomo Pane
9/28/04 51299 1
Total Invoice 5419.14
TKMTRASX ?iQS4611rbY1(T--IrIV6RA '"?IR6R?-??_ -? ,,._
ro.Of2444-YokPA 174052444
(7.7109-tit11 (717??u4TO9
eliase"7SideiAo?"--- ---•-------- - -? -- --
Ziuan?v - (Te3e - ?escriotiori -- - _
- - _--'"-_MTPr a _- _- E 'price -
--
1.00 PC: Pull Charoo 199.00 199.00
3.47 TCnt Disposal Pee par Ton 60.01) 208.20
1.00 PC: Fuel Surcharge 11.94 11.94
9a"
10 N Frederick St
Mechanicsburg, PA
Subtotal
Salea Tax
419.11
NnC 30 Days -i•-10/28/04" $419.14
VERIFICATION
We, Luis Steinas and Leslie J. Steinas, Plaintiffs in the foregoing action, verify
that the statements made in the foregoing Complaint are true and correct to the best of
our knowledge, information and belief. We understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to
authorities.
Luis Steinas
Leslie J. Steinas
CERTIFICATE OF SERVICE
I hereby certify that on the 1st day of September, 2005, true and correct copies
of the foregoing Complaint, were served upon Myrl A. Hersh and Bonnie A. Hersh,
Additional Defendants herein, and upon MBM Properties, LLC and AASAP Abstracting
Co., Inc., Plaintiff and Defendant, respectively, by mailing same by United States mail,
First Class, postage pre-paid, to their attorney of record, at the following address:
MATTHEW J ESHELMAN ESQUIRE
SAIDIS SHUFF FLOWER & LINDSAY
2109 MARKET STREET
CAMP HILL PA 17011
In addition, pursuant to Pa.R.C.P. 425(a), copies of all pleadings filed at No.
2005-2466 Civil Term were served contemporaneously with the foregoing Complaint
upon Myrl A. Hersh and Bonnie A. Hersh only, in the manner described above.
'4"' 'S , 'k
Joseph f3. Sobel, Attor ey for Counterclaim
Plaintiffs Luis Steinas and Leslie J. Steinas
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
(717) 234-2200
4
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MBM PROPERTIES, LLC,
Plaintiff
VS.
LUIS STEINAS, LESLIE STEINAS, and
AASAP ABSTRACTING CO., INC.,
Defendants
vs.
MYRL A. HERSH and BONNIE A.
HERSH, individually and d/b/a CV
SERVICES,
Additional Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2005-2466
CIVIL ACTION - LAW
ASSIGNED TO ARBITRATION
ANSWER OF MYRL A. HERSH AND BONNIE A. HERSH
Additional Defendants Myrl A. Hersh and Bonnie A. Hersh, by and through their
attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C., in the person of Matthew J.
Eshelman, Esquire, file this Answer, alleging in support thereof the following:
1. Admitted.
2. Admitted.
3. Denied. The allegations contained in Paragraph 3 of the Steinases' Complaint
against Additional Defendants constitute a conclusion of law to which no responsive
pleading is required; however, to the extent those allegations are deemed to be factual,
the same are denied.
4. Admitted.
5. Denied. The allegations contained in Paragraph 5 of the Steinases' Complaint
against Additional Defendants constitute a conclusion of law insofar as they seek to
summarize the language of a document which speaks for itself and to which no
responsive pleading is required; however, to the extent those allegations are deemed to be
factual, the same are denied.
6. Denied. It is denied that at all pertinent times, all other parties to this lawsuit
evidently were represented by the same Paul C. McCleary, Jr., who is also president of
defendant and escrow agent AASAP Abstracting Co., and all such parties are represented
in this lawsuit by the same attorney.
7. Denied. It is denied that the said Paul C. McCleary, Jr. and the Hershes,
individually and by and through their respective businesses, have at all pertinent times
acted in concert.
8. Denied. It is denied that the Hershes have engaged in a fraudulent course of
conduct calculated to deprive the Steinases of the full lawfully agreed consideration due
them for the sale of the real estate in question, to the extent of not less than $16,200.00,
located at 10 North Frederick Street, Mechanicsburg, particularly as follows;
a. Denied. It is denied that the submitted monetary claim was grossly
excessive and it is denied that services claimed were not actually performed.
b. Denied. It is denied that the submitted monetary claim was grossly
excessive.
9. Denied. It is denied that the course of conduct engaged in by the Hershes consists
of willful and outrageous overreaching, self-dealing and fraud, all designed to deprive the
Steinases of just and proper compensation for real estate sold to MBM, as a result of which
Steinases are entitled to claim punitive damages.
10. Denied. It is denied that the Steinases have lost use of the funds in question during
the one-year period held in escrow and have incurred substantial attorneys fees, reasonably
expected to amount to not less than $3,000.00.
WHEREFORE, Additional Defendants Myrl A. Hersh and Bonnie A. Hersh respectfully
request the Complaint of the Steinases against them be denied, and that the Court grant such
other relief as is just.
submitted,
& LINDSAY
Date: September 23, 2005 By: 1" L'
Matthew J. Eshelman, Esquire 1D #72655
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 fax (717) 737-7155
2R05 15:52 7177377155
MBM PROPERTIES, LLC,
Plaintiff
VS.
LUIS STEINAS, LESLIE STPUNAS, and
AASAP ABSTRACTING CO., INC.,
Defendants
MYRL A. FIERSH and BONNIE A.
HERSH, individually and d/b/a CV
SERVICES,
Additional Defendants
CV SERVICES
SAIDIS SHUFF FLOWER&
14002
PAGE 16/17
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2005-2466
CIVIL ACTION - LAW
ASSIGNED TO ARBITRATION
VERIFICATION
We, Myrl A. Hersh and Bonnie A. Hersh, hereby verify that the statements made in the
foregoing Answer are true and correct to the best of our information, knowledge and belief. We
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unswom falsification to authorities.
Date: I -5 OK
MBM PROPERTIES, LLC,
Plaintiff
vs.
LUIS STEINAS, LESLIE STEINAS, and
AASAP ABSTRACTING CO., INC.,
Defendants
MYRL A. HERSH and BONNIE A
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2005-2466
HERSH, individually and dfbla CV CIVIL ACTION - LAW
SERVICES,
Additional Defendants ASSIGNED TO ARBITRATION
CERTIFICATE OF SERVICE
AND NOW, this 23rd day of September 2005, I, Matthew J. Eshelman, Esquire, of the firm
of Saidis, Shuff, Flower & Lindsay, P.C., hereby certify that I this day served a true and correct
copy of Additional Defendants' Answer upon the parties listed below via United States Mail,
postage prepaid, addressed as follows:
Joseph B. Sobel
P.O. Box 828
Harrisburg, PA 17108-0828
Respectfully submitted,
SAIDIS, HUFF, LOWER & LINDSAY
?-
BY:
Matthew J. Eshelman, Esquire ID #72655
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 fax(717)737-7155
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-02466 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MBM PROPERTIES LLC
VS
STEINAS LUIS ET AL
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT TO JOIN ADDL DEFENDA was served upon
HERSH MYRL A
the
ADD'L DEFENDANT, at 1804:00 HOURS, on the 16th day of August , 2005
at 15 SYCAMORE DRIVE
MECHANICSBURG, PA 17055 by handing to
BONNIE A HERSH ADULT IN CHARGE
a true and attested copy of WRIT TO JOIN ADDL DEFENDA together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.00
Affidavit .00
Surcharge 10.00
.00
36.00
Sworn and Subscribed to before
me this oRD day of-AWC,
00 .D.
Pr?thonot
So Answers:
R. Thomas Kline
08/17/2005
JOSEPH B SOBEL
By:
Deputy ghdriff
?
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-02466 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MBM PROPERTIES LLC
VS
STEINAS LUIS ET AL
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT TO JOIN ADDL DEFENDA was served upon
BONNIE A
the
ADD'L DEFENDANT, at 1804:00 HOURS, on the 16th day of August , 2005
at 15 SYCAMORE DRIVE
MECHANICSBURG, PA 17055
BONNIE A HERSH
by handing to
a true and attested copy of WRIT TO JOIN ADDL DEFENDA together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
mAJe'?, this ? day of
*+'AG4( D A. D.
<Protho
So Answers:
R. Thomas Kline
08/17/2005
JOSEPH B SOBEL
By:
Deputy Sheriff
Plaintiff
A AS A f A b s+,z cf Defendant
-T?.cl J
X??c,d M. 3efcmiNk:
Name
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
Avwd *Sie ^ , Signature Si tune
ls? Namd (Chainna/n??) f?
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Law irm
Address
Carl ??c. I701
City, zip
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Law Firm
qZ SU'Ah pl' i3 ().
Address
(o?Ir)t, PA JIM
City, Zip
Award
hi The Court of Common Pleas of Cumberland
County, Pennsylvania No. 0 S - 24 &
Civil Action - Law.
Oath
Name
1"6w ??kz
Law irm
Address
City, zip
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separatel stated.)
9 4-7nn -L. L. f)--o -l-, 'ill !.-ff a?,0 t 8-70D - i-o 6e nk L
dissents. (Insert name if
Date of Hearing: I I
Date of Award: r I t °
/IV . r2
Notice of Entry of Award
Now, the j day of 1011142 20at Z53 , _.M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
dc?
Arbitrators' compensation to be paid upon appeal: $ -A)v
By.
///Prothonotary
Deputy
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