IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT

COUNTY OF DUPAGE, STATE OF ILLINOIS

CARRIAGE WAY WEST, INC., )

an Illinois Corporation )
)
Plaintiff )
) Case No.: 2023EV003360
v. )
)
HEIDI REVELIS, CARRAGE GREENS )
F AND B LLC and UNKNOWN )
TENANTS )
)
Defendants )

ANSWER, AFFIRMATIVE DEFENSE AND COUNTERCLAIM

Now comes the Defendants, Heidi Revelis and Carriage Greens F and B, LLC, by and

through their attorney, Frederick E. Roth of Roth Law Firm and present their Answer,

Affirmative Defense and Counterclaims, stating:

I. Answer

1. Carriage Way West Inc, (“CWWI”) is not entitled to possession of the premises

leased to Defendant Heidi Revelis (“Heidi”).

2. Defendants have not and are not unlawfully withholding possession from CWWI.

3. Defendants are not indebted to CCWI in the sum of $486,111.44.

WHEREFORE, CWWI’s Complaint for Eviction and damages must be dismissed.

II. Affirmative Defenses

A. Forgery

1. The Lease Agreement attached as “Plaintiff’s Exhibit 1” to the Complaint is a

forgery.

1
 2. Plaintiff’s Exhibit 1, Page 4, in handwriting has an arrow with the handwritten

words “sales tax” which was not part of the Lease Agreement signed by Heidi.

3. “Sales tax” is not an obligation of Heidi on sales of food and beverages she

provided to the golfer guests of CWWI.

4. The true and correct copy of the Lease Agreement is attached as Exhibit A hereto.

5. The added words, “sales tax” which appear on Plaintiff’s Exhibit 1 are not part of

the original signed Exhibit A.

6. At no time did Heidi ever agree to be responsible for sales taxes which were the

obligation of CWWI.

WHEREFORE, the Lease Agreement attached as Plaintiff’s Exhibit 1 must be stricken

and cannot be relied upon by this Court.

B. Lease Paid In Full

1. The Lease Agreement, attached as Exhibit A (“Lease”), was signed April 14,

2019.

2. Subsequent to commencement of the Lease, the COVID-19 pandemic struck and

all CWWI operations were forced to stop, including the food and beverage operations at the

leased premises.

3. Eventually, CWWI reopened the golf course and Heidi was allowed to reopen the

food and beverage operations.

4. The co-tenant under the Lease, Anthony Panagiotaros, was removed and CWWI

consented to the change. Heidi began as the sole tenant on December 1, 2020 and she operated in

part under Carriage Greens F and B, LLC.

2
 5. CWWI and Heidi also reached an agreement in early 2021 to modify the rental

payment arrangement.

6. Under the modification, CWWI would book golf outings and arrange for Heidi to

provide food and beverage services.

7. Under the modification, CWWI would receive all payments from the golfers and

the money received by CWWI would offset rent and all other charges under the Lease.

8. Under the modification, Heidi’s charges for food and beverages for the golf

outings in 2021, 2022 and through September 30, 2023 was $550,378.

9. Heidi made separate payments for rent directly to CWWI by check and the total

paid for 2021, 2022 and through September 30, 2023 was $186,000.

10. Heidi was also working with CWWI’s owners, Brian and Andriana Broderick

(“Brodericks”), in an arrangement whereby food and beverages provided to the Brodericks, their

family members and friends were to be used to offset rent. The total offset for same for 2021,

2022 and through September 30, 2023 was $42,000.

11. Under the Lease, “Tenant shall receive all proceeds from video gaming

machines.” See Exhibit A, Page 3.

12. Landlord, in violation of the Lease, took control of and pocketed all net gaming

proceeds which according to publicly available reporting totaled $340,000 from December 1,

2020 through September 30, 2023.

13. The Lease “Rent Schedule” provides for base rent of $17,000 per month from

December 1, 2020 and through September 30, 2023 totals $510,000.

14. The Lease also provided for Heidi to be responsible for certain expenses as

outlined on the Lease, Page 4 and per the modification, those were either paid directly by Heidi

3
or to be paid via the offset credit for food and beverage services provided to golfer guests of

CWWI.

15. As of September 30, 2023, the total direct payments and offsets for food and

beverage services, gaming net profits due Heidi from December 1, 2020 exceeded Lease

obligations due CWWI by $608,378. ($1,118,378 - $510,000).

16. Defendants are not in arrears for rent and other charges under the Lease.

17. CWWI’s own attempted reconciliations within the last 60 days are substantially

incorrect and \have varied greatly:

A. Letter dated September 1, 2023 from CWWI’s counsel states, past due

rent is $250,000 (Exhibit B);

B. Landlord’s 5-Day Notice states past due rent is $355,000 (Exhibit C); and

C. Complaint for eviction alleges $486,111.44 in rent is past due.

18. All of CWWI’s calculations are incorrect.

19. All rents and charges due under the Lease are paid in full and there is an excess

owed to Defendants.

WHEREFORE, the Complaint demand for rent and other charges must be dismissed as

no rent or other charges are past due in that Plaintiff owes Defendants $608,378 as of September

30, 2023 and there is no basis for eviction or a judgment for rent and other charges. Against

Defendants.

III. Counterclaim

Breach Of Lease

1. Attached as Exhibit A is the Lease Agreement (“Lease”) between Plaintiff,

Carriage Way West Inc. (“CWWI”) and Defendant, Heidi Revelis (“Heidi”).

4
 2. As of December 1, 2020, CWWI and Heidi reached an agreement to modify the

Lease such that Heidi was the sole tenant (with Carriage Green F and B, LLC) and a new

payment arrangement, incorporating offsets to rent and other charges under the Lease for food

and beverage services and gaming net profits, in addition to direct rent payments ever since,

through the present date.

3. Heidi has fully performed her obligations under the Lease and operated her food

and beverage business continuously from the premises since December 1, 2020.

4. The Lease provides, in part:

27. COVENANT OF QUIET ENJOYMENT

The Landlord covenants that the Tenant … shall, during the Term.

Peaceable and quietly have, hold and enjoy the Premises … (Exhibit

A, page 22)

5. In direct violation of the Lease, Par. 27, CWWI has intentionally orchestrated

directly and via others supported by CWWI extreme measures to disrupt and destroy Heidi’s

business and breach the covenant of quiet enjoyment, including but not limited to the following

misconduct:

a. Announcing to Heidi’s employees that new owners are taking over the

food and beverage business;

b. Announcing publicly that Heidi was being evicted;

c. Contacting Heidi’s vendors directly and falsely informing them that she is

going out of business;

d. Allowing others to use the leased premises to stage private events without

notice to or consent from Heidi; and

5
 e. Starting a competing food and beverage business booking events for

Heidi’s premises.

6. Heidi has also experienced unusual interruptions, including:

- Having computer cables cut

- Doors being locked

- Phone calls mysteriously forwarded to the Pro Shop

- Landlord’s refusal to allow fireworks for wedding although previously

approved and properly permitted

- Police called to evict and/or shut down Heidi’s operation

- Health inspector surprise visit per anonymous caller

- Notices received for a different company purportedly operating food and

beverage business from the leased premises

- Numerous customers being told that Heidi is being evicted and closing

- Being removed from wedding advertising and CWWI website without

notice

- Urinals being clogged with cement

- Bathroom water pressure turned off

- Delays in being notified of golf outings

- Destruction of a computer printer delivered to the Pro Shop

The above is confirmed by the Affidavit of Heidi Revelis attached as Exhibit D.

7. The foregoing actions of CWWI have severely damaged Heidi’s business,

reputation and future opportunities to book banquets, attract customers and continue a profitable

business.

6
 8. CWWI actions are in violation of the Lease obligations to provide Heidi with

“quiet enjoyment” of the premises.

9. Exact damages will require discovery and expert testimony.

WHEREFORE, Heidi prays that this Court will find CWWI in breach of the Lease and

award damages and cost of this suit.

Respectfully submitted,

/s/ Frederick E. Roth

Frederick E. Roth
Roth Law Firm
33 N. Dearborn St., Suite 2350
Chicago, IL 60602
(630) 778-1100
fred@rlfirm.com
Atty Code: 4260

7
 VERIFICATION

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, the undersigned certifies that the statements set forth in this instrument are true and
correct, except as to matters therein stated to be on information and belief and as to such matters
the undersigned certifies as aforesaid that he verily believes the same to be true.

_________________________
Heidi Revelis
 Exhibits to Answer, Affirmative Defense and Counterclaim

A. Lease Agreement

B. Letter Dated September 1, 2023

C. Landlord’s 5-Day Notice

D. Affidavit of Heidi Revelis

8
Exhibit A
 IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
COUNTY OF DUPAGE, STATE OF ILLINOIS

CARRIAGE WAY WEST, INC., )

an Illinois Corporation )
)
Plaintiff )
) Case No.: 2023EV003360
v. )
)
HEIDI REVELIS, CARRAGE GREENS )
F AND B LLC and UNKNOWN )
TENANTS )
)
Defendants )

AFFIDAVIT OF HEIDI REVELIS

The undersigned hereby affirms:

1. My name is Heidi Revelis.

2. I am 57 years old and have spent 40+ years in all aspects of the food and beverage
industry.

3. During the Spring of 2019, I joined with Anthony Panagiotarso to sign a Lease
Agreement dated April 14, 2019 to operate the food and beverage services for Carriage
Way West, Inc. (“Landlord”) under the name Sandtrap Bar & Grill.

4. A true and correct copy of the Lease Agreement is attached as Exhibit A to the
Defendants’ Answer, Affirmative Defense and Counterclaim.

5. During March 2020, the Carriage Green golf course and my restaurant were forced to
close for the entire golf season due to Covid-19.

6. In Fall of 2020, there was a falling out with my business partner and as a result, the
Landlord and I agreed to modify the Lease Agreement such that I would be the sole
Tenant commencing December 1, 2020.

7. Starting anew on December 1, 2020, the Landlord and I also entered into a Management
Agreement (which I have been unable to locate) which essentially provided that my food
and beverage services would be scheduled through the Landlord. As such, amounts paid
by golfers would be received by the Landlord and credited against my rent and other
charges under the Lease Agreement.

Exhibit D
8. For 2021, 2022 and 2023, the Landlord and I have worked together whereby the Landlord
collected from golfers and the amounts were to be applied to my rent and other charges
under the Lease Agreement.

9. Due to my efforts and the return of business since Covid-19, my restaurant has thrived,
not only as to golf outings but also banquets, weddings and the daily restaurant business.

10. For 2021 and 2022, the Landlord ordered food and beverages for golf outings but the
process was not transparent. Accordingly, I am forced to estimate the receipts based upon
my records and despite repeatedly requesting a reconciliation, the Landlord has refused to
meet and reconcile. My total for receipts that should have been used to offset rent and
other charges is $340,000.

11. For 2023, the process was improved in part by the Landlord tendering orders for outings
and my business confirming orders and pricing. To date for 2023, the total receipts for
golf outings based upon written confirmed orders is $210,378.

12. In addition to the offset for receipts from golf outings retained by the Landlord, for the
time period of December 1, 2020 through the date below, I have made direct rent
payments totaling $186,000.

13. Separate from the above, I was not allowed to receive directly the video gaming proceeds
due me under the Lease Agreement which total per public records, an estimated net of
$340,000 which Landlord collected and should be offset against my rent and other
charges under the Lease Agreement.

14. The Landlord’s President, his family and friends routinely dined at my restaurant and did
not pay, indicating such amounts be credited against rent. For the time period December
1, 2020 through the date below total $42,000.

15. The Lease Agreement clearly contemplated and includes my restaurant being included in
the Landlord’s marketing materials, including Facebook and the Knot, that I would
operate the beer cart and certain expenses, such as insurance, waste removal, etc., would
only be those that related to my business and not the golf course. The Landlord has not
segregated such expenses and I have no independent ability to ascertain those amounts.

16. As my business began growing in 2023, I was shocked by actions taken by and
orchestrated by the Landlord, including:

A. Eliminating my business from Facebook;

B. Ceasing to include my business on the Knot;

2
 C. Approaching my employees and telling them I was shutting down my business
and that they could report and work for a successor entity the next day per a flyer,
copy attached as Exhibit B which states, in part:

“we are excited to announce the transition from Sandtrap to On Par

Sports Bar & Grill.”

D. Telling my customers I was being evicted;

E. Contacting my prime vendors and telling them I was going out of business; (See
Exhibit C)

F. Cancelling the TVs which were used for marketing my business and for
entertainment;

G. Locking doors that had been used for access to my premises;

H. Allowing golfers to bring their own food and beverages and using my premises;

I. Redirecting potential customers away from my reservation system and booking

events in competition with my restaurant;

J. Advertising events, including $10 drink promotions for my restaurant without my

approval; and

K. Redirecting calls/phone/internet inquires from my business to an entity controlled

by the Landlord.

17. In addition to the above, my business has experienced unprecedented interference,

including:

A. A previously approved and permitted fireworks for a wedding reception was

declared by the Landlord as unacceptable, causing considerable disruption and
calls to police and fire department;

B. Redirecting my phone calls to the Pro Shop causing the police to investigate;

C. The Landlord calling the police to enlist their help in evicting me – they
responded and labelled it a “civil” matter;

D. Allowing the water pressure in the bathroom used by patrons to not function
properly; and

E. The internet connecting wires to my computers was mysteriously cut.

3
 18. My daughter, Amirabella Skana, made an inquiry to the “new” restaurant being promoted
by the Landlord and confirmed they are booking banquets in my premises. See Exhibit D.

19. On October 15, 2023, I provided to the Landlord and its counsel a Notice of Exercise of
Option to Extend the Lease Agreement for another 5 years commencing April 19, 2024.
Copy attached as Exhibit E.

20. Per my best available information, the Landlord owes me the amount of $1,118,378
which represents the total of direct rent payments and food and beverage credits that must
offset the rent and other charges under the Lease Agreement.

21. The Landlord must be prevented from continuing to damage my business further which is
in direct violation of my right to quiet enjoyment of the premises under the Lease
Agreement.

22. I am able and willing to personally testify to the above.

Affiant further saith naught.

_________________________________
Heidi Revelis

SUBSCRIBED and SWORN to

before me this 17th day of October, 2023

__________________________
Notary Public

4
 Exhibits To Affidavit (Exhibit D)

A. Lease Agreement – attached as Exhibit A to the Answer, Affirmative Defense and

Counterclaim.

B. Notice to Employees

C. Vendor Letter

D. Confirming Booking

E. Notice of Exercise of Option