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HomeMy WebLinkAbout08-5983s GLENDALE MANAGEMENT COMPANY II Plaintiff V. TRUE GREEN HOMES, LLC Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 68 _.S?$„3 &.Z -T PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please execute the attached Writ of Summons against Defendant, True Green Homes, LLC. Respectfully submitted, DUNCAN & HARTMAN, P.C. By: ?. William A. Duncan, Esquire Court I.D. No. 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 phone Attorney for Plaintiff C n ON Date: C) ra C:l COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WRIT OF SUMMONS GLENDALE MANAGEMENT COMPANY II Plaintiff V. TRUE GREEN HOMES, LLC 1005 Azlen Lane Chalfont, PA 18914 t/d/b/a Hotel Carlisle 1700 Harrisburg Pike Carlisle, PA 17013 Defendant TO: True Green Homes, LLC Court of Common Pleas NO. 66 - .??ka,3 lr t v c ? f You are hereby notified that Glendale Management Company II, the Plaintiff, has commenced an action in Civil Action against you which you are required to defend or a default judgment may be entered against you. Date: e-> & log? At47iu'l C s R. Lon , r ono By: Deputy Attorney: Name: William A. Duncan, Esquire Address: 1 Irvine Row Carlisle, PA 17013 Telephone: (717) 249-7780 Attorney for Plaintiff Court ID No. 22080 SHERIFF'S RETURN - REGULAR w • CASE NO: 2008-05983 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GLENDALE MANAGEMENT COMPANY VS TRUE GREEN HOMES LLC T/D/B/A ROBERT BITNER Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TRUE GREEN HOMES LLC T/D/B/A HOTEL CARLISLE the DEFENDANT , at 0920:00 HOURS, on the 8th day of October , 2008 at 1700 HARRISBURG PIKE CARLISLE, PA 17013 DENNIS PATEL, MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff or Deputy Sheriff of by handing to Sheriff's Costs: Docketing Service Postage Surcharge (? >al/3 f 0k 0. 18.00 5.00 .59 10.00 .00 33.59 So Answers: Sworn and Subscibed to before me this day of , R. Thomas Kline 10/08/2008 DUNCAN & HARTMAN By: Deputy Sheriff A.D. Duncan & Hartman, P.C. William A. Duncan, Esquire 1 Irvine Row, Carlisle, Pennsylvania 17013 717-249-7780 717-249-7800 FAX Attorney ID 22080 GLENDALE MANAGEMENT COMPANY II PLAINTIFF vs. TRUE GREEN HOMES LLC t/d/b/a HOTEL CARLISLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-05983 CIVIL DEFENDANT 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 Duncan & Hartman, P.C. William A. Duncan, Esquire 1 Irvine Row, Carlisle, Pennsylvania 17013 717-249-7780 717-249-7800 FAX Attorney ID 22080 GLENDALE MANAGEMENT COMPANY II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. : NO. 2008-05983 CIVIL TRUE GREEN HOMES LLC t/d/b/a HOTEL CARLISLE DEFENDANT COMPLAINT AND NOW comes the Plaintiff, Glendale Management Company II, by and through its attorney, William A. Duncan and avers the following: 1. The Plaintiff is Glendale Management Company II, a duly formed Pennsylvania corporation with offices located at 1310 Holly Pike, P.O. Box 38, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant is True Green Homes, LLC, a Pennsylvania Limited Liability Company with offices located at 1005 Azlen Lane, Chalfont, Bucks County, Pennsylvania 18914. 3. Defendant True Green Homes, LLC is trading and doing business as Hotel Carlisle at a hotel and convention center located at 1700 Harrisburg Pike, Middlesex Township, Carlisle, Pennsylvania 17015. 4. On June 6, 2008, Plaintiff and Defendant entered into an Agreement for sale of real estate and assets which is incorporated herein by reference and marked Exhibit "A". 5. The subject matter of the aforesaid Agreement was the hotel and convention center known as "Hotel Carlisle". 6. Pursuant to Paragraph Twelve (12) of the Agreement, Plaintiff was entitled to receivables as follows: "All Seller's receivables including unpaid room billings associated with pre-closing guests paid after closing to Buyer or its agents shall be remitted to Seller on a daily basis and an accounting pertaining thereto presented to Seller on the same basis." 7. Closing on the property was held on August 20, 2008. 8. Plaintiff fulfilled all of its obligations as set forth under the Agreement. 9. Defendant has failed to fulfill its obligation to report and remit receivables to Plaintiff in accordance with Paragraph Twelve (12) of the Agreement. 10. Plaintiff believes and therefore avers that receivables in the amount of $149,992.43 are due and owing. A list of the vendors and the amounts due is incorporated herein by reference and marked Exhibit "B". 11. Plaintiff believes and therefore avers that Defendant has received $137,979.97 from vendors and through amounts deducted from Plaintiff's checking account and that the full amount is due to Plaintiff under the terms of the Agreement between the parties as set forth above. A listing of the amounts received by Defendant are set forth on Exhibit "B" attached hereto. 12. Defendant has breached its contract with Plaintiff through its failure to remit the receivables and other money due to Plaintiff. WHEREFORE, we pray this Honorable Court will Order Defendant to pay the amount of $149,992.43, plus interest, court costs and reasonable attorneys fees to Plaintiff. Respectfully submitted William A. Duncan, Esquire Attorney for Plaintiff ID#22080 October 22, 2008 VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.section 4904 pertaining to unsworn falsification to authorities. L. Michael nolds, President Glendale NIfinagement Company II Dated: ?v? AGREEMENT FOR SALE OF REAL ESTATE & ASSETS AGREEMENT made this 61-1-11 day of June 2008, by GLENDALE LODGING L.P. II, a Pennsylvania Limited Partnership with offices located at P.O. Box 38, Carlisle, Pennsylvania 17013 and GLENDALE MANAGEMENT COMPANY II a Pennsylvania Corporation with offices located at P.O. Box 3 8, Carlisle, Pennsylvania 17013, "SELLER", party of the first part AND TRUE GREEN HOMES, LLC, or assignee or nominee, located at 1005 Azlen Lane, Chalfont, Pennsylvania 18914, "BUYER", party of the second part, as follows to wit: THE said party of the first part agrees to sell and convey to the said party of the second part, who agrees to purchase a Hotel and Convention Center known as "Hotel Carlisle and Embers Convention Center" located at 1700 Harrisburg Pike, Middlesex Township, Carlisle, Pennsylvania 17015, consisting of the fee simple real estate described on the attached Schedule A, 267 hotel rooms, related rooms, all existing furniture, equipment, fixtures, Hotel Liquor License # 4686, two service vehicles (2003 Dodge Caravan and 2001 Ford Windstar), three golf carts, trade names, telephone numbers, website, email addresses and other internet designations and signage on premises, (Together called: "the Property"); reserving however to Seller one piano located in Kistler Library, on the terms and conditions following to wit: 1. THE said party of the second part agrees to pay for the said realty and the other related items the sum of Six Million Dollars ($6,000,000.00), payable in guaranteed funds to Seller upon final settlement. Upon execution of this Agreement by Buyer and Seller, Buyer shall tender an earnest money deposit of 100 000.00 (One Hundred Thousand Dollard, non-refundable, such deposit to be held by William A Duncan, Esq., Duncan & Hartman, P.C., One Irvine Row, Carlisle, PA 17013. The balance of the purchase price shall be paid in cash or certified funds at time of final settlement. SETTLEMENT to be made within seven (7) days after notice from Buyer to Seller of Buyer's having obtained Pennsylvania Liquor Control Board approval for the transfer of the Hotel Liquor License associated with the premises or before July 31, 2008, whichever shall first occur. In the event the liquor license transfer is not approved by the Pennsylvania Liquor Control Board as of settlement on or before July 31, 2008, Seller agrees to allow Buyer to operate Seller's liquor license through a license or management agreement, provided such agreement is permitted by Pennsylvania Liquor Control Board and that Buyer presents to Seller in form acceptable to Seller an indemnity agreement holding Seller harmless from liability against any and all liabilities, actions, suits, judgments, losses, costs, damages, expenses (including without limitation reasonable attorneys' fees and expenses) arising out of or in any way acts of omission of Buyer or Buyer's agents in the operation of said liquor license. Said license or management agreement shall have a term that expires upon Pennsylvania Liquor Control Board approval of transfer of Seller to Buyer or on September 15, 2008, whichever shall first occur 2. FINANCING CONTINGENCY: Buyer agrees to make application for a Mortgage in the amount of up to $4,900,000.00 with an interest rate not to exceed 6.5% fixed for 5 years based upon a 20 year or more amortization to Residential Mortgage Corporation or any Lender deemed appropriate, within 10 days of the execution of this Agreement by Buyer and Seller. This Agreement is contingent upon Buyer receiving said Mortgage Financing approval prior to July 4, 2008. Seller agrees to cooperate with Buyer in conjunction with said Mortgage application and approval process. If Buyer fails to obtain such financing by July 4, 2008, it may elect to remove this Financing Contingency and proceed to final settlement on or before July 31, 2008. 2 Additionally on or before June 20, 2008, Buyer will provide to Seller in form acceptable to Seller verification that Buyer has the necessary funds beyond the Mortgage financing in order to meet its financial obligations contemplated by this Agreement at Final Settlement. 3. STATUS OF WATER AND SEWER: Seller warrants that this property is serviced by public water and sewer systems. 4. MUNICIPAL IMPROVEMENTS: Seller has no notices of condemnation, municipal improvements or violations of any laws or regulations (such as sidewalks, curbs, etc.) except: None. 5. INSURANCE on said real estate will be carried by party of the first part, in the name of party of the first part, until settlement date. In the event of loss or damage by fire prior to settlement date, the party of the second part may, at its option, terminate this Agreement and receive a total refund of its deposit. 6. SPECIAL CLAUSES: The following shall be conditions precedent to Buyer's obligations hereunder: (a) Seller shall maintain the level of inventories and personalty, including liquor and food, for the operation of the facilities consistent with such quantities as are presently maintained on the premises. (b) Buyer shall buy from Seller all unopened Liquor and PLCB regulated beverages and other unopened containers (exclude all outdated F & B) other beverages located at the premises at the time of final settlement as a separate transaction at Seller's cost of purchase in accord with Pennsylvania Liquor License Board regulations. (c) Buyer may purchase from Seller all unopened containers of foodstuffs, linen and bedding materials located at the premises at the time of final settlement as a separate transaction at Seller's cost of purchase. (d) Seller shall provide Buyer with a Bill of Sale as to said items listed in Paragraph 6b and 6c. (e) Seller shall provide lien certificate and a good standing certificate from the Commonwealth of Pennsylvania and any other corporate documentation required by Buyer's title insurer. (f) Seller and Buyer agree to cooperate in the Hotel Liquor License Transfer process through the Pennsylvania Liquor Control Board. The required posting or application for transfer shall be filed when the Buyer has obtained the financing as specified in Paragraph 2 or upon written notice to Seller by Buyer that the financing contingency has been removed. (g) Seller shall make best effort to get approval of James L. and Paula F. Price for assignment of lease of a billboard located on Interstate 81 to Buyer in consideration of the following allocation of monthly rental: 25% Ramada; 25% Econo Lodge; 25% Holiday Inn and 25% Hotel Carlisle. If said assignment is unavailable, Buyer shall pay Seller 25% of the monthly rental amount to continue the identification of Hotel Carlisle on the billboard. Seller agrees to assign its rights and cooperate in the transfer process with the Pennsylvania Logo Trust regarding Hotel Carlisle identification signage located on Interstate Highway 81. Furthermore, the Seller agrees to facilitate at Buyer's election, the lease of a certain sign located on a standard on the property of the Holiday Inn adjacent to Exit 52 on Interstate Highway 81 on terms and conditions mutually agreeable to Buyer and owner of said real estate and sign by June 20, 2008 or Buyer may elect to terminate this Agreement and receive his $100,000.00 deposit and this Agreement shall be NULL AND VOID. (h) There are no actions, suits or proceedings pending or to the Seller's knowledge threatened 4 Against or affecting the assets of the business or related thereto. (i) As of the date of settlement, there are no labor employment agreements affecting the assets or the business and there is no requirement that Buyer retain any existing employees. Buyer shall have no liability whatsoever with respect to employees of Seller. Seller agrees that before settlement not to employ any current employee at its other locations, being Ramada, Holiday Inn and Econolodge and post closing not to recruit employees of the Hotel Carlisle. Once a closing date has been established, Buyer shall have the right to interview any and all of Seller's then current employees. On the day of final settlement, Seller shall provide the normal complement of housekeeping and food services, beverages services and administration staff on site at its expense until 3 P.M. Seller agrees to clean all rooms prior to 3 P.M. on day of closing. After 3 P.M., Buyer shall be responsible for payment of wages associated with the operation of the hotel services and dining/beverage operations. All revenues for hotel guests checking in on the day of settlement shall be property of Buyer. As to guests who are lodged in the facility before the day of closing and continuing as guests on the date of closing and thereafter the billings associated with such guests shall paid by Buyer to Seller at closing. (j) The parties shall enter into a mutually agreeable written allocation of the assets of the purchase price by the end of the 30-day due diligence period. (k) Environmental Audit/Inspection Contingency Within thirty (30) days of the execution of this Agreement, Buyer has the option, at Buyer's expense, to have the following audits or inspections completed by a licensed or otherwise qualified professional: Environmental Hazards, Underground Storage Tanks, Property Boundary/Square Footage Verification/Delineation, and Flood Plan Verification/Delineation Wetlands Verification/Delineation, Specific Property Inspection limited to all buildings and fixtures. All such inspections during thirty day Due diligence shall be scheduled with Seller's approval and Seller's representatives will be present at same. Buyer shall arrange for delivery of all such inspection reports and audits to both Buyer and Seller by said inspectors and auditors at no expense to Seller. If the Buyer is not satisfied with any condition as stated in any written report Buyer receives pursuant to the audits or inspections obtained under this provision, Buyer will, within the time allotted for obtaining such audits or inspections: 1. Accept the Property with the information stated in the reports and agree to RELEASE Seller OR 2. Terminate this Agreement in writing by fax or letter notice to Escrow Agent and Seller, in which case all deposit monies paid on account of Purchase price will be delivered by Escrow Agent to Seller and this Agreement shall be NULL AND VOID. (1) Seller shall not enter into nor renew or modify any license, lease, service, franchise or management agreement without Buyer's consent. 7. ATTACHED ADDENDA are made a part of this Agreement: Confidentiality Agreement. 8. PERSONALTY: All existing plumbing, heating, and lighting fixtures and systems appurtenant thereto and forming part hereof, and other permanent fixtures, as well as the signage, refrigerators owned by the Seller, stoves, dehumidifiers, ceiling fans, storage sheds, together with wall to wall carpeting, screens, storm sash and/or door, shades, awnings, venetian blinds, couplings for automatic washers and dryers, etc., radiator covers, cornices, water softeners, kitchen cabinets, drapery rods, drapery rod hardware, curtain rods, curtain rod 6 hardware, all trees, shrubbery, plantings now in or on property, if any, unless specifically excepted in this Agreement, are included in the sale and purchase price. None of the above mentioned items shall be removed or substituted by the Sellers from the premises after date of this Agreement. Any remaining heating and/or cooking fuels stored on the premises at the time of settlement are also included under this Agreement. All other equipment, all room furnishings, electronic and electrical devices, vehicles, supplies, machines, housekeeping items linens and other materials used in the subject business are included in the sale and in the purchase price except those items specifically to be purchased from Seller listed in Paragraph 6 (Special Clauses) of this Agreement. Seller hereby warrants that it will deliver good title to all of the articles described in this paragraph and any other fixtures or items of personalty specifically scheduled to be included in this sale. 9. TITLE AND COSTS: The premises are to be conveyed in fee simple by special warranty deed, free and clear of all liens, encumbrances and easements, EXCEPTING HOWEVER, the following: Existing building restrictions, ordinances, easements of roads, privileges or rights of public service companies, if any; or easements or restrictions visible upon the ground, otherwise the title to the above described real estate shall be good and marketable or such as will be insured by a reputable title insurance company at the regular rates. 10. POSSESSION to be delivered by deed, keys, and physical possession to all buildings, rooms and vehicles associated with the Hotel and Convention Center at the day and time of settlement. Buyer reserves the right to make a pre-settlement inspection of the subject premises, and will execute appropriate documentation of such inspection. The Visual One and Secure Res computer systems located on the premises that disclose all advance booking for rooms, meeting facilities and restaurant reservations and schedule of occupied and vacant rooms shall be delivered to Buyer at Final Settlement provided that Buyer executes new service agreements with Secure Res and Visual One. The FOCUS accounting system hardware, software and financial reports W N) 7 which will be retained by Glendale Management Company II and will not be delivered or become the property of Buyer and are therefore specifically excluded from the sale of assets. Seller will assist Buyer upon request in establishing contact with the company that provides FOCUS if Buyer wishes to establish its own FOCUS service agreement. 11. REPRESENTATIONS: It is understood Buyer will inspect the property and has agreed to purchase as a result of such inspection and not because or in reliance upon any representation made by the Seller. Seller agrees to maintain the premises and operations in a manner consistent with present conditions. Seller represents that the conduct and operation of the current business activities on the premises are lawful and in accord with applicable municipal and governmental regulations and licenses. Additionally, if a Citation or Investigation of a Complaint pertaining to Hotel License #4686 arises during the term of this Agreement, Seller agrees to expedite the transfer of License process by making an offer of compromise to the PLCB which would allow the Buyer to obtain its approval for operation and transfer of Hotel License #4686. 12. PRORATIONS AND DEPOSITS: Real estate taxes, water and sewer rent, and house rent are to be prorated as of the day of Settlement. Any prepaid room deposits or other prepaid deposits for banquets, weddings, guest room, conventions and other activities in the hands of Seller shall be paid over to Buyer at settlement. Final Gas and electric bills incurred by Seller up to and including the settlement day (if any) shall be paid by the Seller. Real estate transfer taxes due and owing as a result of this transaction will be paid I% by Seller and I% by Buyer. Any other prepaid deposits as of the date of settlement held by Seller or its agents shall be remitted to Buyer. All Seller's receivables including unpaid room billings associated with pre-closing guests paid after closing to Buyer or its agents shall be remitted to Seller on a daily basis and an accounting Q &? 8 pertaining thereto presented to Seller on the same basis. Seller shall pay all accounts payable related to the operation of the facility prior to final settlement and shall assist Buyer in establishing accounts with vendors. 13. ZONING CLASSIFICATION: Seller shall not take any action prior to the Closing which would affect the current zoning classification of the Land. Zoning classification: CH - Commercial Highway 14. RELEASE: Buyer hereby releases, quit claims and forever discharges Seller, all brokers, their licensees, employees and any office or partner of any one of them and any other person, firm, or corporation who may be liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injuries and property damage and all of the consequences thereof, whether now known or note, which may arise from the presence of environmental hazards, or any defects or conditions on the property. This release will survive settlement. 15. PUBLIC DISCLOSURES - The Buyer and Seller agree that no statement to the press or media shall be made or released in regard to the existence, status or settlement related to the Agreement of Sale of Real Estate and Assets unless approved in writing by Buyer and Seller. It is the intention of the parties to not disclose any information related to the Agreement except to the Pennsylvania Liquor Control Board (PLCB), as part of the license transfer process, Buyer's Lenders or to a Buyer's representative necessary for the 30 days due diligence period. 16. This Agreement contains the whole agreement between the Seller and Buyer. There are no other 9 Terms, obligations, covenants, representations, statement or conditions, oral or otherwise, of any kind whatsoever concerning this sale, except as attached to this contract and the parties agree that this Agreement may be assigned by Buyer to any entity in which it or its principals hold a majority interest. Notice of said assignment shall be given in writing to Seller within 10 days disclosing the Assignee's name and address. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals, the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENSE OF ATTEST ?-- ATTEST uk?MA??- ATTEST GLENDALE LODGING L.P. II - SELLER FV Cable Co. General Partner GLENDALE MANAGEMENT COMPANY II. - SELLER TRUE By: OMES, LLC - BUYER 10 RECEIVABLES AMOUNT DUE GLENDALE AMOUNT PAID TO TRUE GREEN 80TH Division VA-Reunion $11,926.11 $11,926.11 AA Pa State Convention $3,307.32 $3,307.32 Austin Healy Sport & Touring $8,677.82 $8,677.82 Carlisle Productions $2,637.96 $2,637.96 Cumberland County Red Cross $122.98 $122.98 Expedia/Hotels.com $9,563.13 $9,250.81 Giant & Martin Foods $2,194.17 $2,194.17 Shaffer Trucking Orientation $3,305.60 $3,305.60 Shaffer Trucking Repairs $569.70 $569.70 Surface Preparation Tech $488.25 $488.25 Corporate Lodging Consultants $482.16 $482.16 MSI Lodging - Norfolk Southern $65,205.00 $65,205.00 Orbitz $7,953.46 $7,107.12 Syrkes/Lee Wedding Reception $3,470.74 $100.00 Guest Credt Card Payments from 08/19/08 (the night prior to closing) $12,553.83 $12,553.83 Heartland Express $3,131.33 $2,858.26 Keen Transport $3,508.89 $3,508.89 PA Assoc of Fire Equip Distribution $183.99 $183.99 Advance Deposit for New Year's Eve Hubcaps Party paid by GMC 11 to TSMB Production $3,000.00 $3,000.00 True Green Homes Postage by Phone amount deducted from GMC II's checking account on 09/11/08 and 09/23/08 500.00 500.00 Sub Total $142,782.44 $137,979.97 As of 10-21-08 RECEIVABLES AMOUNT DUE GLENDALE AMOUNT PAID TO TRUE GREEN Capital Blue Cross $27.80 Unknown College Works $10.49 Unknown Comptroller $1,049.62 Unknown Donna Kutsch $355.88 Unknown DPW/Comptroller's Office $11.88 Unknown Expedia.com $1,607.99 Unknown Heartland Express $3,038.41 Unknown Melissa Glass $500.00 Unknown NSS/SIS $510.32 Unknown PA Home Schoolers $97.60 Unknown Total $149,992.43 $137,979.97 Page 2 As of 10-21-08 <4 ?, ;?'kJ+? '? \.?^? .?'i i?_.?-LL' ? ? ? ?? ? Y 7 - j"4 ?.? 5 4. iv = r?3 - ? . :?. - << =, ?, ?, 4?y `'c ,?-. .?:" ..G ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-05983 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GLENDALE MANAGEMENT COMPANY VS TRUE GREEN HOMES LLC T/D/B/A RONALD E HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TRUE GREEN HOMES LLC T/D/B/A HOTEL CARLISLE DEFENDANT the , at 0021:20 HOURS, on the 24th day of October , 2008 at 1700 HARRISBURG PIKE CARLISLE, PA 17013 GINGER RUPP by handing to GUEST SVS MGR-ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 Postage .42 Jjlblo? ?., 33i2 Sworn and Subscibed to before me this day of So Answers: R. "Thomas Kline 10/27/2008 DUNCAN & HARTMAN By : 6z _/n,Yi Deputy Sheriff A. D. GLENDALE MANAGEMENT IN THE COURT OF COMMON PLEAS COMPANY II, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA Vs. CIVIL ACTION - LAW TRUE GREEN HOMES, LLC . t/d/b/a HOTEL CARLISLE CASE NO. 2008-05983 Defendant NOTICE TO DEFEND NOTICE AVISO 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 and 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notifcacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentada aqui en contra suya. Se le advierte de que si usted falla de tomar accion come, se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Gates, Halbruner & Hatch, P.C. Clifton R. Guise, Esq. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 717-731-9600 717-731-9627 (fax) c.guise@gatestawfirm.com Atty ID: 93537 GLENDALE MANAGEMENT COMPANY II, Plaintiff VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 2008-05983 ANSWER WITH COUNTERCLAIMS AND NOW comes the Defendant, True Green Homes, LLC, by its counsel, Gates, Halbruner & Hatch, P.C., and files this Answer in response to the Compliant filed by Plaintiff Glendale Management Company II, and answers as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted 4. Admitted that Plaintiff and Defendant entered into an Agreement for sale and real estate and assets on June 6, 2008 (the "Agreement"). Denied that the Agreement attached because no Agreement was attached to Defendant's copy of the Complaint. By way of further response, a Modification of Agreement for Sale of Real Estate and Assets dated June 6, 2008 2 was executed by Plaintiff and Defendant, a copy of which is attached hereto as Exhibit "A" and incorporated by reference. 5. Admitted 6. Denied, representations as to content and interpretations of the Agreement are denied as the Agreement speaks for itself. 7. Admitted. 8. Denied as a conclusion of law. 9. Denied as a conclusion of law. 10. Denied, Defendant does not owe the amount of $149,002.43 and strict proof of such is demanded at trail. Amounts due to the vendors listed on Exhibit "B" are denied and strict proof is demanded. 11. Denied, Defendant does not owe the amount of $149,002.43 and strict proof of such is demanded at trail. Amounts due to the vendors listed on Exhibit "B" are denied and strict proof is demanded. 12. Denied, the Defendant does not owe the Plaintiff any sums, by way of further response see paragraphs 13 through 71. WHEREFORE, Defendant True Green Homes, LLC respectfully requests that Glendale Management Company II's Complaint against it be dismissed with prejudice and that judgment be entered in its favor and against Plaintiff and that the Court grant such other relief as is just. NEW MATTER 13. Pursuant to Paragraph (8) of the Agreement, Plaintiff warranted to "deliver good title to all of the articles described in this paragraph and any other fixtures or items of personalty specifically scheduled to be included in this sale". 3 14. The items personally included: "All other equipment, all room furnishings, electronic and electrical devices, vehicles, supplies, machines, housekeeping items linens and other materials used in the subject business are included in the sale and in the purchase price except those items specifically to be purchased from Seller listed in Paragraph 6(Special Clauses) of this Agreement" 15. The antique farm implement wall hangings located in the restaurant were included in the personalty referenced in Averment 14, 16. Ronald Perocchi is the rightful owner of the antique farm implement wall hangings. 17. Pursuant to Paragraph (12) of the Agreement, Plaintiff agreed to pay over to Defendant all prepaid room deposits and other prepaid deposits in the hands of Plaintiff. 18. Plaintiff prior to closing issued numerous gift cards, gift certificates, coupons and other promotions to prospective clients and customers, which remain outstanding at the time of closing. 19. The gift cards, gift certificates, coupons and other promotions sold to prospective clients and customers constituted prepaid deposits under the Agreement. 20. The Plaintiff misrepresented the extent of coupons and promotional materials that were given out by Plaintiff prior to closing. 21. Pursuant to Paragraph (11) of the Agreement, Plaintiff agreed to "maintain the premises and operations in a manner consistent with present conditions." 22. Between the date of execution of the Agreement and the date of closing, three of the five members of the sales staff were terminated or quit. 23. Plaintiff failed to undertake any steps to replace the sales staff. 4 24. Pursuant to Paragraph 6(i) of the Agreement, Plaintiff agreed to not recruit employees of the Hotel Carlisle. 25. At the time of the signing of the Agreement, Mike McCoy was the general manager of the Hotel Carlisle. 26. On the Pennsylvania Liquor Control Board transfer application Plaintiff identified Mike McCoy to be the future General Manager of the Hotel Carlisle after the closing. 27. By Memo dated July 30, 2008, Plaintiff agreed to pay general manager Mike McCoy the sum of Twenty Thousand Dollars ($20,000.00) to cease his employment with the Hotel Carlisle after closing. 28. Mike McCoy was paid the sum of Twenty Thousand Dollars ($20,000.00) by the Plaintiff on August 29, 2008. 29. Mike McCoy failed to perform his duties as general manager of the Hotel Carlisle after closing. 30. Pursuant to the second Paragraph of the Agreement, Plaintiff was to transfer among other things the three golf carts. 31. As of the date of closing, one of the golf carts was at Nolan's Carts and Cars for repair. 32. Defendant had to pay Nolan's Carts and Car the sum of $1,092.99 for the repairs. 33. As of the date of closing, a second golf cart was inoperable. 34. Pursuant to the second Paragraph of the Agreement, Plaintiff was to transfer among other things the trade name "Hotel Carlisle and Embers Convention Center" 35. By letter dated November 5, 2008, MR EMS SYSTEM, Inc. by and through its counsel has represented that is the owner of a Federal Trademark on the trade name "Embers" 5 36. Pursuant to Paragraph (11) of the Agreement, Plaintiff agreed to maintain the premises and operations in a manner consistent with present conditions. 37. Plaintiff requested its employees to conceal the extent of any leakage in the roof of the premises. 38. Plaintiff instructed employees to place pans above the ceiling tile to catch water to conceal roof leaks. 39. Plaintiff instructed employees to replace stained ceiling tiles to further conceal roof leaks. 40. The Plaintiff used unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce, which is in violation of the Unfair Trade Practices and Consumer Protection Law ("UTPCPL") 41. The Plaintiff is engaged in the business of hotel ownership and operation. COUNTERCLAIMS COUNT I: BREACH OF CONTRACT 42. All previous paragraphs are incorporated herein by reference. 43. Plaintiff breached its obligation to deliver clear title to the antique farm implement wall hangings. 44. Defendant was harmed because it had to replace all of the antique farm implement wall hangings with substituted art work. WHEREFORE, the Defendant requests that judgment be entered in its favor and against Plaintiff in the amount of actual damages. 6 COUNT II: BREACH OF CONTRACT 45. All previous paragraphs are incorporated herein by reference. 46. Plaintiff failed to turn over any amounts in its hands which it received for the sale of the gift cards, gift certificates, coupons and other promotions. 47. Plaintiff breached its obligation to turn over any prepaid deposits which it received prior to closing. 48. Defendant was harmed because it never received compensation for the prepaid deposits Plaintiff failed to turn over. WHEREFORE, the Defendant requests that judgment be entered in its favor and against Plaintiff in the amount of actual damages. COUNT III: BREACH OF CONTRACT 49. All previous paragraphs are incorporated herein by reference. 50. Plaintiff breached its obligation to maintain the premises and operations in a manner consistent with present conditions because it fired and failed to rehire a sales staff. 51. Defendant was harmed because it had to replace a majority of the sales staff upon acquisition of the Hotel Carlisle. 52. Defendant was further harmed because of lost banquet, wedding and event sales during the period that the Hotel Carlisle was not at an adequate level of sales staff prior to closing. WHEREFORE, the Defendant requests that judgment be entered in its favor and against Plaintiff in the amount of actual damages. 7 COUNT IV: BREACH OF CONTRACT 53. All previous paragraphs are incorporated herein by reference. 54. Plaintiff breached its obligation to not recruit employees of the Hotel Carlisle. 55. Defendant was harmed in that it had to replace the general manager of the Hotel. 56. Defendant lost the corporate contracts which because of the departure of the general manager. 57. Defendant was further harmed in that it had to designate a new manager for the purposes of the Pennsylvania Liquor License number H-4686. WHEREFORE, the Defendant requests that judgment be entered in its favor and against Plaintiff in the amount of actual damages. COUNT V: BREACH OF CONTRACT 58. All previous paragraphs are incorporated herein by reference. 59. Defendant suffered damages in the amount of repair costs of the first golf cart and replacement costs of the second golf cart. 60. Defendant suffered additional harm in lost employee productivity due to travel time between tasks on the premises. WHEREFORE, the Defendant requests that judgment be entered in its favor and against Plaintiff in the amount of actual damages. COUNT VI: BREACH OF CONTRACT 61. All previous paragraphs are incorporated herein by reference. 62. Plaintiff breached its obligation to deliver clear title to the trade name "Embers" 8 63. Defendant will suffer damages in defending any suit brought by MR EMS SYSTEM, Inc. or Defendant will suffer damages by ceasing to use the trade name "Embers". WHEREFORE, the Defendant requests that judgment be entered in its favor and against Plaintiff in the amount of actual damages. COUNT VII: FRAUD BY CONCEALMENT 64. All previous paragraphs are incorporated herein by reference. 65. Plaintiff represented through the condition of the Hotel Carlisle that the roofs were in good repair. 66. Plaintiff intentionally concealed the true condition of the roofs. 67. Defendant reasonably relied on Plaintiff's representation. 68. Defendant was harmed by Plaintiff's representation of the condition of the roofs. 69. Defendant has been damaged because it must now repair the roofs. WHEREFORE, the Defendant requests that judgment be entered in its favor and against Plaintiff in the amount of actual damages. COUNT VIII - UNFAIR TRADE PRACTICES 74. All previous paragraphs are incorporated herein by reference. 71. The Plaintiff made these false representations regarding the condition of the premises to induce the Defendant to buy the premises. 72. The Defendant relied on Plaintiff's statements in purchasing the Hotel Carlisle. 73. Defendant's reliance on the Plaintiff's statements was to Defendant's detriment. 9 74. The Defendant had incurred damages due to its reliance on the Plaintiffs representation of the extent, condition and ownership of personalty included in the sale, status of employees, extent of pre-paid deposits, and condition of the structure. WHEREFORE, Defendant requests that actual damages be awarded in its favor and against the Plaintiffs with treble damages as permitted by the UTPCPL . Defednant's further request that they be awarded punitive damages, costs and attorney's fees. Respectfully submitted, GATES, HALBRUNER & HATCH, P.C. DATE: uhc l?sl JB. lifton R. Guise, Esq. I.D. #93537 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 E-mail: c.guise@gateslawfirm.com 10 ) d R MODIFICATION OF AGREEMENT FOR SALE OF REAL ESTATE & ASSETS This Agreement modifies an Agreement dated June 6, 2008 between Glendale Lodging, L.P. II, a Pennsylvania limited partnership and Glendale Management Company II, a Pennsylvania corporation, "SELLER", and True Green Homes, LLC, or assignee or nominee, "BUYER". Pricing is modified as follows: The purchase price shall be Five Million Seven Hundred Thousand and 001100 ($5,700,000.00) Dollars with Seller providing a One Million Seven Hundred Thousand mortgage to Buyer. Payments shall be interest only calculated at six (6%) percent simple interest. The first monthly payment will begin 30 days after closing with a balloon payment of principal and interest due six (6) months after settlement. There shall be no prepayment penalty associated with this mortgage. 2. Settlement is modified as follows: Settlement to be held within seven (7) days of notice of approval of the transfer of the Hotel Liquor License (H-4686) associated with the premises. Financing contingency is modified as follows: Buyer has received a financing commitment which allows Buyer to proceeds to closing. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals, this day 7?h day of July, 2008. SIGNED, SEALED AND DELIVERED IN THE PRESENSE OF ATTEST GLENDAL LODGING L.P. II - ELLER By: L. Michael Re ds, President, TV Cable Co. General Partner ATTEST GLENDALE ANAGEMENT COMPANY II. - SELLER By: L. Michael Re lds, Presi t ATTEST TRUE GREE HOMES, LLC - BUYER iF By: D.jj\ er EXH18ff GLENDALE MANAGEMENT COMPANY II, Plaintiff IN THE COURT OF COMMON FLEAS CUMBERLANDCOUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 2008-05983 I Vs. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE Defendant The undersigned, hereby e- f Counterclaims are true and eorvc("! understand that false statements hp° C1E 4904, relating to unsworn falsific ?r_i _ 1; Date: '-`ERIFICATION that the statements made in the foregoing Answer with the best of my information, knowledge and belief. I are made subject to the penalties of 18 Pa. C.S. Section autboi ties. True G en es Dinesh Patel, Nlediber b GLENDALE MANAGEMENT COMPANY II, Plaintiff VS. . TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 2008-05983 CERTIFICATE OF SERVICE I, Clifton R. Guise, Esq., hereby certify that a true and correct copy of the foregoing Answer with Counterclaims was served this day by first class United States postal service, postage pre-paid upon: Duncan & Hartman P.C. William A. Duncan, Esq. 1 Irvine Row Carlisle, Pennsylvania 17013 GATES, HALBRUNER & HATCH, P.C. DATE: Clifton R. Guise, Esq. PA I.D. #93537 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 E-mail: c.guise@gateslawfirm.com 12 Clifton R. Guise, Esq. Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 PA Attorney ID 93537 (717) 731-9600 (717) 731-9627 (fax) c.guise@gateslawfirm.com GLENDALE MANAGEMENT COMPANY II, Plaintiff VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 2008-05983 MOTION OF TRUE GREEN HOMES, LLC TO DISQUALIFY THE LAW OFFICES OF DUNCAN AND HARTMAN, P.C. AND WILLIAM A DUNCAN, ESQUIRE, FROM REPRESENTATION OF GLENDALE MANAGEMENT COMPANY II. AND NOW comes the Defendant, True Green Homes, LLC, ("True Green") by its counsel, Gates, Halbruner & Hatch, P.C., and files this Motion to Disqualify the Law Offices of Duncan and Hartman, P.C. and William A. Duncan Esq. from representation of Plaintiff, Glendale Management Company II ("Glendale") 1. On or about October 6, 2008, William A. Duncan, Esq. on behalf of Plaintiff, Glendale, filed a Praecipe for Writ of Summons against Defendant, True Green. 2. On or about October 22, 2008, William A. Duncan, Esq. on behalf of Plaintiff, Glendale, filed a Complaint for breach of contract against Defendant, True Green. IP 3. The subject of the Complaint was the Agreement of Sale dated June 6, 2008 concerning Defendant, True Green's acquisition of the Hotel Carlisle from Plaintiff, Glendale. 4. Plaintiffs counsel, William A. Duncan, Esq. represented Glendale in the transfer of the Hotel Carlisle to True Green. 5. William A. Duncan, Esq. also represented the True Green in the acquisition of the Hotel Carlisle from Glendale. 6. True Green paid William A. Duncan, Esq. a retainer of $1,500.00 for his services. A true and correct copy of the cancelled check is attached as Exhibit "A". 7. The trial court has the power to regulate the conduct of attorneys practicing before it. American Dredging Co. v. City of Philadelphia, 480 PA 177, 183, 389 A. 2d 568, 571 (Pa 1978). 8. Pennsylvania Rule of Professional Conduct 1.7 prohibits a lawyer from representing a client "if the representation involves a concurrent conflict of interest." PA.R.P.C. 1.7(a). The statute further states "(a) A concurrent conflict of interest exist if (1) The representation of one client will be directly adverse to another client; or (2) There is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. (b) Notwithstanding the existence of a concurrent conflict of interest ... a lawyer may represent a client if (1) The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) The representation is not prohibited by law; f ? (3) The representation does no involve the assertion of a claim by one client against another client represented by the same lawyer in the same litigation or other proceedings before a tribunal, and (4) Each affected client gives informed consent." 9. Pennsylvania Rule of Professional Conduct Rule 1.9 Duties to Former Clients provides: "(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent." 10. The representation of Glendale by William A. Duncan, Esq. is directly adverse to his former client True Green. 11. The representation involves the assertion of claim by Glendale against True Green before this court. 12. True Green never gave informed consent to the conflict of interest. 13. A direct conflict of interest exists for the William A. Duncan, Esq. and by implication the law firm of Duncan and Hartman, P.C. 14. The instant case is in the preliminary pleading stage and disqualification of William A. Duncan, Esq. would not result in any prejudice to Glendale, the non-moving party. 15. Granting a motion to disqualify and removing the offending lawyer is the usual remedy employed when a breach of ethics is made to appear. Middleberg v. Middleberg, 427 Pa. 114, 115, 233 A. 2d 889, 890 (PA 1967). Wherefore, the Movant respectfully requests this Honorable Court Disqualify Attorney William A. Duncan and the law firm of Duncan & Hartman, P.C. from representing Glendale in this action. GATES, HALBRUNER & HATCH, P.C. 11140:K 4-'13}f lifton R. Guise, Esq. JrA I.D. #93537 013 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 E-mail: c.guise@gateslawfirm.com ?U-?4-?00AM HOTEL - = FAX No. 717 243 6355 P•002 104 TRUE GREEN HOMES LLC C" ?t G oTd?ru?. _ t 'YY1 AttY'?CC? U4 LJC4 FOSTRI "4' 800.220,BAM/tirstrust.rl._gTr IR 7) F, 38© l?; 70 230373611` 0000 LSO000;0 I'ACCOt.R'1t:702 03,3E Seria1.1044 AMOunt4l '-.lence.'v.3503280 TR:236073801 TrdnCode:90 BanksTUm:ll Apid:1 Subtype: Date:06-12 7nog Focket:o (aL:0 iEndpoint. .• - - Y 1 -EL ;moo - ?, z o SU t FA 0227ea "r313aSS r- ? 1. m , FrsTrust BE,.-,k m F4 cn g2?-!t- ru - iG)O , m ?• r O O n n< p c '03 1 Jk? ?.3 p Z-' ' n n - ? r I EXHIBIT -A- GLENDALE MANAGUMFNT COMPANY II, Plaintiff VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 2008-05983 VERIFICATION The undersigned, beiel-- ver;firs that the statements made in the foregoing Motion to Disqualify the Law Offices of Duncan, and Hartman, P.C. and William A. Duncan Esq. from representation of Plaintiff, Glendale Management. Company II are true and correct to the best 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 unsworn falsification to authorities. Date: z GLENDALE MANAGEMENT COMPANY II, Plaintiff VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 2008-05983 CERTIFICATE OF SERVICE I, Clifton R. Guise, Esq., hereby certify that a true and correct copy of the foregoing Motion to Disqualify the Law Offices of Duncan and Hartman, P. C. and William A. Duncan Esq. from representation of Plaintiff, Glendale Management Company II was served this day by first class United States postal service, postage pre-paid upon: Duncan & Hartman P.C. William A. Duncan, Esq. 1 Irvine Row Carlisle, Pennsylvania 17013 GATES, HALBRUNER & HATCH, P.C. DATE:Dh5tOy ifton R. Guise, Esq. P I.D. #93537 11, 13 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 E-mail: c.guise@gateslawfirm.com rs . ?.?, -?? _, <} ?n ...? i , ?.. ,_,., .:: ; " i ,?.. F:\FILES\Chents\10342 Glendale Management\10342.4\10342.4.pral Created: 9/20/04 0:06PM Revised: 12/8/08 10:22AM Thomas J. Williams, Esquire Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 17512 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLENDALE MANAGEMENT IN THE COURT OF COMMON PLEAS OF COMPANY, II, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-05983 CIVIL ACTION - LAW TRUE GREEN HOMES, LLC. t/d/b/a HOTEL CARLISLE, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the appearance of William A. Duncan, Esquire, Duncan & Hartman, P.C., for the Plaintiff in the above matter. D By William A. Duncan, Esquire 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 Date: j Z ! 9/09 Attorneys for Plaintiff Please enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER on behalf of the Plaintiff in the above matter. MARTSON LAW OFFICES By ,7. '3'A Thomas J. Williams, squire Seth T. Mosebey, Esqurie 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ) Z 19108 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Clifton R. Guise, Esquire GATES, HALBRUNER & HATCH, PC 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 MARTSON LAW OFFICES Y cia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ) 2 / 9/ oll -jF = C-1 . CD ?. F:\FILES\Clients\10342 Glendale Management\10342.4\10342.4.resl.wpd Created: 9/20/04 0:06PM Revised: 12/18/08 9:08AM Thomas J. Williams, Esquire Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 17512 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLENDALE MANAGEMENT COMPANY, 11, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TRUE GREEN HOMES, LLC. t/d/b/a HOTEL CARLISLE, Defendant NO. 08-05983 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO NEW MATTER AND ANSWER TO COUNTERCLAIMS AND NOW, comes Glendale Management Company, H ("Plaintiff') by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby responds to Defendant's New Matter and Counterclaims as follows: Response to New Matter 13. Denied. The Agreement for Sale ofReal Estate & Assets is a document which speaks for itself. 14. Denied. The Agreement for Sale of Real Estate & Assets is a document which speaks for itself. 15. Denied. The antique farm implement wall hangings referenced in this paragraph did not belong to Plaintiff, and therefore, could not be included in the sale. 16. Admitted, with clarification. Upon information and belief, Ronald Perocchi's family is the rightful owner of the antique farm implement wall hangings. 17. Denied. The Agreement for Sale of Real Estate & Assets is a document which speaks for itself. 18. Admitted in part and denied in part. It is admitted that Plaintiff issued gift cards and coupons to prospective clients or customers, which remained outstanding at the time of closing. The remainder of the averment is denied. 19. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 20. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 21. Denied. The Agreement for Sale of Real Estate & Assets is a document which speaks for itself. 22. Admitted. 23. Denied. To the contrary, all members of the sales staff who resigned or were terminated were replaced shortly after their resignations and/or terminations. 24. Denied. The Agreement for Sale of Real Estate & Assets is a document which speaks for itself. 25. Admitted. 26. Denied. The transfer application to the Pennsylvania Liquor Control Board is a document which speaks for itself. 27. Denied. The Memo dated July 30, 2008, is a document which speaks for itself. 28. Admitted with clarification. Mr. McCoy was paid $20,000.00 as part of a severance agreement. 29. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 30. Denied. The Agreement for Sale of Real Estate & Assets is a document which speaks for itself. 31. Admitted. 32. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 33. Denied. To the contrary, two of the three golf carts were fully operable as of the date of closing. 34. Denied. The Agreement for Sale ofReal Estate & Assets is a document which speaks for itself. 35. Admitted in part and denied in part. It is admitted that Defendant's counsel received the letter referenced in this averment and that it was presented to Plaintiff's counsel by Defendant's counsel. The representations made in the referenced correspondence are denied as conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 36. Denied. The Agreement for Sale ofReal Estate & Assets is a document which speaks for itself. 37. Denied. To the contrary, Plaintiff notified Defendant of leakage in the roof prior to the completion of the sale. 38. Denied. To the contrary, Plaintiff notified Defendant of leakage in the roof prior to the completion of the sale. 39. Denied. To the contrary, Plaintiff notified Defendant of leakage in the roof prior to the completion of the sale. 40. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 41. Admitted in part and denied in part. It is admitted that Plaintiff is engaged in the management of hotels. Plaintiff does not engage in the ownership of hotels. WHEREFORE, Plaintiff requests that this Court enter judgment in its favor and against Defendant in the amount of $149,992.43, plus interest, court costs and reasonable counsel fees. Answer to Counterclaims Count I: Breach of Contract 42. Paragraphs 1 through 41 of Plaintiff's Complaint and Response to New Matter are incorporated herein by reference as if fully set forth. 43. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 44. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff requests that this Court enter judgment in its favor and against Defendant in the amount of $149,992.43, plus interest, court costs and reasonable counsel fees. Count II: Breach of Contract 45. Paragraphs 1 through 44 of Plaintiff's Complaint, Response to New Matter and Answer to Counterclaim are incorporated herein by reference as if fully set forth. 46. Admitted. 47. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 48. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff requests that this Court enter judgment in its favor and against Defendant in the amount of $149,992.43, plus interest, court costs and reasonable counsel fees. Count III: Breach of Contract 49. Paragraphs 1 through 48 of Plaintiff's Complaint, Response to New Matter and Answer to Counterclaim are incorporated herein by reference as if fully set forth. 50. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 51. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 52. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff requests that this Court enter judgment in its favor and against Defendant in the amount of $149,992.43, plus interest, court costs and reasonable counsel fees. Count IV: Breach of Contract 53. Paragraphs 1 through 52 of Plaintiff's Complaint, Response to New Matter and Answer to Counterclaim are incorporated herein by reference as if fully set forth. 54. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 55. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 56. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 57. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff requests that this Court enter judgment in its favor and against Defendant in the amount of $149,992.43, plus interest, court costs and reasonable counsel fees. Count V: Breach of Contract 58. Paragraphs 1 through 57 of Plaintiff's Complaint, Response to New Matter and Answer to Counterclaim are incorporated herein by reference as if fully set forth. 59. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 60. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff requests that this Court enter judgment in its favor and against Defendant in the amount of $149,992.43, plus interest, court costs and reasonable counsel fees. Count VI: Breach of Contract 61. Paragraphs 1 through 60 of Plaintiff's Complaint, Response to New Matter and Answer to Counterclaim are incorporated herein by reference as if fully set forth. 62. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 63. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff requests that this Court enter judgment in its favor and against Defendant in the amount of $149,992.43, plus interest, court costs and reasonable counsel fees. Count VII: Fraud by Concealment 64. Paragraphs 1 through 63 of Plaintiff's Complaint, Response to New Matter and Answer to Counterclaim are incorporated herein by reference as if fully set forth. 65. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 66. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 67. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 68. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 69. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff requests that this Court enter judgment in its favor and against Defendant in the amount of $149,992.43, plus interest, court costs and reasonable counsel fees. Count VIII: Unfair Trade Practices 70. Paragraphs 1 through 69 of Plaintiff's Complaint, Response to New Matter and Answer to Counterclaim are incorporated herein by reference as if fully set forth. 71. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 72. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 73. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 74. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff requests that this Court enter judgment in its favor and against Defendant in the amount of $149,992.43, plus interest, court costs and reasonable counsel fees. MARTSON LAW OFFICES By J Thomas J. Williams, squire Seth T. Mosebey, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ??l g JQ Attorneys for Plaintiff VERIFICATION I, L. Michael Reynolds of Glendale Management Company, II, acknowledge I have the authority to execute this Verification on behalf of Glendale Management Company, II, and certify the foregoing Response to New Matter and Answer to Counterclaim is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Response and Answer is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Glendale L. Michael ,II CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Response to New Matter and Answer to Counterclaims was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Clifton R. Guise, Esquire GATES, HALBRUNER & HATCH, PC 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 MARTSON LAW OFFICES AW) V!, Ma . Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: CIO IC.? PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. RJ for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) Glendale Management Company, II (Plaintiff) VS. True Green Homes, LLC t/d/b/a Hotel Carlisle (check one) ® Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on and Trials commence on February 1, 2010 (Defendant) Pretrials will be held on January 13, 2010 vs. (Briefs are due S days before pretrials No. 2008 - 5983 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Thomas J. Williams nd geth T. Mosebey, Martson Law Offices, 10 East High Street Carlisle, PA 17013 Indicate trial counsel for other parties if known: Clifton R. Guise, Gates Halbruner & Hatch, P.C., 1013 Mumma Road, Suite 100 _ Lemoyne. P 43 This case is ready for trial. Signed: J Date: October 12, 2009 Print Name: Seth T. Mosebey Attorney for: Plaintiff .Tanuarv 5, 2010 r? / _rz, A;L OF THE -1 t , 1- 2009 0C x 12 1;?J 3: 02 G?JA Pd 6e) OeSeb -,/9 C4Aa1U-lg GLENDALE MANAAGEMENT COMPANY, II, PLAINTIFF V. TRUE GREEN HOMES, LLC T/D/B/A HOTEL CARLISLE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5983 CIVIL ORDER OF COURT AND NOW, this 23rd day of October, 2009, the Non-Jury Trial in the above referenced case has been assigned to this Court. Prior to setting an actual trial date, IT IS HEREBY ORDERED AND DIRECTED that the parties in this case file a pre-trial memorandum with the Court on or before December 15, 2009, in the following format: 1. A concise statement of factual issues to be decided at trial. II. A list of witnesses the party intends to call at trial along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at trial. IV. A statement of any legal issues each party anticipates being raised at trial along with copies of any cases which may be relevant to resolution of the stated issue. V. An estimate of the anticipated time needed for the party to present its case. Upon receipt and review of these memorandums, the Court will set a trial date for this case. By the Court, -?' ?_4 `,` M. L. Ebert, Jr., J. Thomas J. Williams, Esquire Seth T. Mosebey, Esquire Attorneys for Plaintiff 10 East High Street Carlisle, PA 17013 Clifton R. Guise, Esquire Attorney for Defendant 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Court Administrator 0-,o (,SLcEct- I -? bas l.. c E /r1 C LCL /U/a.3 j OT GLENDALE MANAGEMENT IN THE COURT OF COMMON PLEAS OF COMPANY, II, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. TRUE GREEN HOMES, LLC T/D/B/A HOTEL CARLISLE DEFENDANT NO. 08-5983 CIVIL ORDER OF COURT AND NOW, this 16th day of December, 2009, the non jury trial in the above captioned case will be held beginning on Wednesday, May 19, 2010, at 1:30 p.m., and continuing on Thursday, May 20, 2010, at 9:00 a.m. and Friday, May 21, 2010, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. Thomas J. Williams Esquire Seth T. Mosebey, Esquire Attorneys for Plaintiff 10 East High Street Carlisle, PA 17013 ? Clifton R. Guise, Esquire Attorney for Defendant 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Court Administrator -f?a S ca???I?t bas /- 13 I ;z S h'ta`i (LL I RLED--OFFICE OF THE PROTH(;;t' 0TARY 2009 DEC 16 AM 9: 51 ;.Ji?lTY 20 10 MAY 19 PM 12. 59 GLENDALE MANAGEMENT COMPANY II, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE Defendant CIVIL ACTION - LAW CASE NO. 2008-05983 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance in this case on behalf of the Defendant, True Green Homes, LLC. Respectfully Submitted, May 19, 2010 Sarah E. McCarroll, Esquire PA ID 91102 Gates, Halbruner, Hatch &Guise, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Attorneys for True Green Homes, LLC . t? GLENDALE MANAGEMENT IN THE COURT OF COMMON PLEAS OF COMPANY, II, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. TRUE GREEN HOMES, LLC z, T/D/B/A HOTEL CARLISLE DEFENDANT NO. 08-5983 CIVIL rn IN RE: NON-JURY TRIAL =' - ORDER OF COURT AND NOW, this 26th day of May, 2010, after a bench trial in the above captioned matter, the verdict of the court is as follows: 1. On Glendale Management Company, II's claim of Breach of Contract by True Green Homes, LLC, the Court finds in favor of Glendale Management Company and awards damages in the amount of $114,537.97. 2. On Defendant, True Green Homes, LLC, Counterclaim Count I - Breach of Contract - the Court finds in favor of True Green Homes, LLC, and awards damages in the amount of $1,000.00. 3. On Defendant, True Green Homes, LLC, Counterclaim Count II - Breach of Contract - the Court finds in favor of True Green Homes, LLC, and awards damages in the amount of $1,973.84. 4. On Defendant, True Green Homes, LLC, Counterclaim Count III - Breach of Contract - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. 5. On Defendant, True Green Homes, LLC, Counterclaim Count IV - Breach of Contract - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. 6. On Defendant, True Green Homes, LLC, Counterclaim Count V - Breach of Contract - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. 7. On Defendant, True Green Homes, LLC, Counterclaim Count VI - Breach of Contract - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC 8. On Defendant, True Green Homes, LLC, Counterclaim, Count VII - Fraud By Concealment - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. 9. On Defendant, True Green Homes, LLC, Counterclaim, Count VIII - Unfair Trade Practice - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. Accordingly, given the offset owed to True Green Homes, LLC, judgment is entered in favor of Glendale Management Company, II, in the amount of $111,564.13 with interest at the rate of six percent per annum to date from October 22, 2008. T mas J. Williams, Esquire eth T. Mosebey, Esquire Attorneys for Plaintiff 10 East High Street Carlisle, PA 17013 M. L. Ebert, Jr., By the Court, Clifton R. Guise, Esquire Attorney for Defendant 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Court Administrator -6/zV]10 bAS bas homas J. Williams, Esquire Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 17512 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLENDALE MANAGEMENT IN THE COURT OF COMMON PLEAS OF COMPANY, 11, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 08-05983 CIVIL ACTION - LAW TRUE GREEN HOMES, LLC. t/d/b/a HOTEL CARLISLE, Defendant JURY TRIAL DEMANDED TO: TRUE GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE NOTICE OF ENTRY OF JUDGMENT You are hereby notified that on the _2?' day of ju-of__ , 2010, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $111,564.13, plus interest in the amount of $6,693.85, and costs of suit on the decision of the Court dated May 26, 2010, following trial without a jury Dater lit) Prot onotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: True Green Homes, LLC t/d/b/a Hotel Carlisle Clifton R. Guise, Esquire GATES, HALBRUNER & HATCH, PC 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 F:\FILES\Clients\10342 Glendale Management\10342.4\10342.4.pra.2 Created: 9/20/04 0:06PM Revised: 6/10/10 3:39PM tir L, ( ' ?jY Thomas J. Williams, Esquire Seth T. Mosebey, Esquire 2610 JU;' I j a' Z MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER -ITY MARTSON LAW OFFICES I.D. Nos. 17512 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLENDALE MANAGEMENT COMPANY, II, Plaintiff V. TRUE GREEN HOMES, LLC. t/d/b/a HOTEL CARLISLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-05983 CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter judgment in favor of Plaintiff, Glendale Management Company, II, and against Defendant True Green Homes, LLC, t/d/b/a Hotel Carlisle, on the decision of the Court dated May 26, 2010, following trial without a jury, in the amount of $111,564.13, with interest at the rate of 6% per annum from October 22, 2008. No timely post-trial Motions have been filed. MARTSON LAW OFFICES 1 By Thomas J. Williams, quire Seth T. Mosebey, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 6 b o ho Attorneys for Plaintiff 4/9-06) a?` f eK--*[ CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Clifton R. Guise, Esquire GATES, HALBRUNER & HATCH, PC 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 MARTSON LAW OFFICES By - ?' ? V?' 94?1 M rice Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 6// 0//0 Thomas J. Williams, Esquire ')3 Seth T. Mosebey, Esquire niq 311" 1 v `? MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, MARTSON LAW OFFICES I.D. Nos. 17512 and 203046 r 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLENDALE MANAGEMENT COMPANY, 11, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TRUE GREEN HOMES, LLC. t/d/b/a HOTEL CARLISLE, Defendant NO. 08-05983 CIVIL ACTION - LAW JURY TRIAL DEMANDED PA R.C.P. 237 CERTIFICATION I certify that I have this day mailed by first class United States mail, a copy of the Praecipe to Enter Judgment to each attorney or party who has appeared in this action. MARTSON LAW OFFICES J, k& By Thomas J. Williams, uire Seth T. Mosebey, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 6 /1,0/)o Attorneys for Plaintiff r+ GLENDALE MAN COMPANY II, VS. TRUE GREEN H t/d/b/a HOTEL C. Defendant, True C that is attached to these of 1. Defendant scope of discovej judgment. 2. Defendant Defendant througl 3. Defendant obligations of the 1 4. Defendant the third party Oal IENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, stiff PENNSYLVANIA CIVIL ACTION - LAW LLC CASE NO. 2008-05983 ant OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Homes, LLC t/d/b/a Hotel Carlisle, objects to the proposed subpoena >j ections for the following reasons: objects that the requests directed at Oakdale Suites, LLC are outside the y because they do not relate to the collection or enforcement of the objects that Plaintiff can obtain the requested documents from the the process of discovery without involving a third party. objects that Plaintiff's requests would breach the confidentiality lefendant and Oakdale Suites, LLC contained in the purchase documents objects that Plaintiff s requests are overly broad, unduly burdensome upon Suites, LLC. 1 Wherefore, True respectfully request this Homes, LLC by its attorneys, Gates, Halbruner, Hatch & Guise, P.C. Court quash the subpoena to be issued to Oakdale Suites, LLC. Respectfully Submitted, GATES, HALBRUNER, HATCH & GUISE, P.C. DATE: Cliff n R. Guise, Esq. PA I.D. #93537 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600/ Fax: (717) 731-9627 c. ise ,gateslawfirm.com 2 1 GLENDALE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMPANY, II ) 243-3341 # 175121205046 TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Oakdale uites LLC, c/o James D. Hughes, Esquire (Name of Person or Entity) Within twent (20) days after service of this subpoena, you are ordered by the court to produce the following documents o things: All documents relating to the sale of the Hotel Carlisle from True Green Homes, LC, to Oakdale Suites, LLC, including but not limited to all mortgages, deeds, agreements of sale, promissory notes, financing documents, and settlement statements. at Martson La Offices, 10 East High Street, Carlisle, PA 17013 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the r ght to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to roduce the documents or things required by this subpoena within twenty (20) days after its service, the p y serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA AS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas J. Williams/Seth T. Mosebey ADDRESS: 10 East High Street TELEPHONE: 1Z SUPREME COURT ATTORNEY FOR: BY THE COURT: Prothonotary, Civil Division Seal of the File No. 08-05983 Deputy GLENDALE N COMPANY II, VS. TRUE GREEN H t/d/b/a HOTEL C. I, Clifton R. Gi Objections to Subpoena paid upon: IENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, stiff PENNSYLVANIA CIVIL ACTION - LAW LLC ,E CASE NO. 2008-05983 ndant CERTIFICATE OF SERVICE Esq., hereby certify that a true and correct copy of the foregoing served this day by first class United States postal service, postage pre- Thomas J. Williams, Esq. Seth T. Moseby, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiff GATES, HALBRUNER, HATCH & GUISE, P.C. DATE: 7hi r'? y: Clifton R. Guise, Esq. PA I.D. #93537 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 E-mail: c.guise@gateslawfirm.com 3 i FAFILESTlients\10342 Glendale Management\10342.4\10342.4.pral.wpd Thomas J. Williams, Esquire Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 17512 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff r' ?lt ?r H! ' f ,. 2010 JU L 114 C r., i ??,y1r ? GLENDALE MANAGEMENT IN THE COURT OF COMMON PLEAS OF COMPANY II, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-05983 CIVIL ACTION - LAW TRUE GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE, Defendant JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against Defendant True Green Homes, LLC, 1005 Azlen Lane, Chalfont, Pennsylvania 18914; (3) against Oakdale Suites, LLC (Garnishee), 1700 Harrisburg Pike, Carlisle, PA 17015, by way of personal service under Pa.R.C.P. 402(a); (4) and enter this writ in the judgment index against Defendant True Green Homes, LLC; (5) The amount due $111,564.13 Interest from October 22, 2008, at the rate of $18.34 per day $ Costs to be added $ Total $ * To be determined by the Sheriff of Cumberland County (6) Direct the Cumberland County Sheriff to personally serve upon the Garnishee a Writ of Execution and Interrogatories in Attachment (enclosed herewith), thereby levying against the payments due to Defendant by Garnishee under a Promissory Note entered between Defendant and Garnishee for the payment of $450,000.00. MARTSON LAW OFFICES By: '%V J, 0"4 Thomas J. Williams, Esq - I.D. No. 17512 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: Attorneys for Defendants G -A 014.50 Ob XN 35.59 car 33S - 149. it 'r 18-so a s . oo • " yy '-7 . QO y a•so all. 5) - au ATN -4a.OO AuMCo • 50 r.L C# as?3(o RE &451,70 Gv6q 6W 4L.U' j dysy40 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5983 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GLENDALE MANAGEMENT COMPANY II, Plaintiff (s) From TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE, 1005 Azlen Lane, Chalfont, PA 18914 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: OAKDALE SUITES, LLC, 1700 Harrisburg Pike, Carlisle, PA 17015 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $111,564.13 L.L.$.50 Interest from 10/22/08 at the rate of $18.34 per day -- Costs to be Added Atty's Comm % Due Prothy $2.00 Atty Paid $211.51 Other Costs Plaintiff Paid Date: 7/14/10 -: ) DA Davi , rothonotary (Seal) By: REQUESTING PARTY: Deputy Name SETH T. MOSEBEY, ESQUIRE Address: MARTSON LAW OFFICES TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 203046 FARLESTlients\10342 Glendale Management\10342.4\10342.4.mot2.wpd Thomas J. Williams, Esquire Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 17512 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F - .-?F T17 GLENDALE MANAGEMENT COMPANY II, Plaintiff V. TRUE GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-05983 CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO RULE UPON OBJECTIONS TO SERVICE OF A SUBPOENA DIRECTED TO OAKDALE SUITES LLC AND NOW, comes Glendale Management Company H ("Plaintiff') by and through its attorneys, Manson Deardorff Williams Otto Gilroy & Faller, and hereby files this Motion to Rule upon Objections to Service of a Subpoena Directed to Oakdale Suites, LLC, and in support thereof avers as follows: 1. Following a non jury trial, Plaintiff obtained a judgment against Defendant in the amount of $111,564.13, with interest at the rate of 6% per annum from October 22, 2008. A true and correct copy of the Order entering judgment against Defendant is attached hereto as Exhibit "A" and is incorporated herein by reference. 2. Defendant did not file any post-trial motions relating to the above-referenced judgment. 3. On or about June 10, 2010, the Prothonotary of Cumberland County issued an Entry of Judgment against Defendant. A true and correct copy of the Entry of Judgment is attached hereto as Exhibit "B" and is incorporated herein by reference. 4. Plaintiff is now attempting to collect on the judgment entered against Defendant. 5. After the commencement of the litigation in this matter, Defendant sold the Hotel Carlisle to Oakdale Suites, LLC. 6. As part of the sale of the Hotel Carlisle, Oakdale Suites, LLC, entered into a promissory note and mortgage with Defendant. 7. On July 14, 2010, Plaintiff filed a Praecipe for Writ of Execution seeking to garnish payments made by Oakdale Suites, LLC, to Defendant on the Promissory Note. 8. On July 2, 2010, Plaintiff sent a Notice of Intent to Serve Subpoena to Defendant. 9. The subpoena was directed to Oakdale Suites, LLC, and requested copies of various closing documents relating to the sale of the Hotel Carlisle from Defendant to Oakdale Suites, LLC. A true and correct copy of the subpoena is attached hereto as Exhibit "C" and is incorporated herein by reference. 10. On or about July 14, 2010, Defendant filed Objections to Subpoena Pursuant to Rule 4009.21. 11. Plaintiff is now requesting that this Court rule upon the objections and enter an order permitting service of the subpoena attached as Exhibit "C." 12. The documents sought relate to the collection of Plaintiff's judgment and are narrowly tailored to obtain information necessary for the purpose of collecting the judgment. 13. Judge Ebert was previously assigned to this matter. WHEREFORE, Plaintiff, Glendale Management Company II requests that this Court enter an order denying Defendant's Objections and permitting Plaintiff to serve its subpoena upon Oakdale Suites, LLC. MARTSON LAW OFFICES By: " Thomas J. Williams, Esqui I.D. No. 17512 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: -010/A Attorneys for Defendants EXHIBIT °°A" GLENDALE MANAGEMENT IN THE COURT OF COMMON PLEAS OF COMPANY, II, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. TRUE GREEN HOMES, LLC T/D/B/A HOTEL CARLISLE DEFENDANT NO. 08-5983 CIVIL IN RE: NON-JURY TRIAL ORDER OF COURT AND NOW, this 26th day of May, 2010, after a bench trial in the above captioned matter, the verdict of the court is as follows: 1. On Glendale Management Company, ll's claim of Breach of Contract by True Green Homes, LLC, the Court finds in favor of Glendale Management Company and awards damages in the amount of $114,537.97. 2. On Defendant, True Green Homes, LLC, Counterclaim Count I - Breach of Contract - the Court finds in favor of True Green Homes, LLC, and awards damages in the amount of $1,000.00. 3. On Defendant, True Green Homes, LLC, Counterclaim Count II - Breach of Contract - the Court finds in favor of True Green Homes, LLC, and awards damages in the amount of $1,973.84. 4. On Defendant, True Green Homes, LLC, Counterclaim Count III - Breach of Contract - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. 5. On Defendant, True Green Homes, LLC, Counterclaim Count IV - Breach of Contract - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. 6. On Defendant, True Green Homes, LLC, Counterclaim Count V - Breach of Contract - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. 7. On Defendant, True Green Homes, LLC, Counterclaim Count VI - Breach of Contract - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC 8. On Defendant, True Green Homes, LLC, Counterclaim, Count VII - Fraud By Concealment - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. 9. On Defendant, True Green Homes, LLC, Counterclaim, Count VIII - Unfair Trade Practice - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. Accordingly, given the offset owed to True Green Homes, LLC, judgment is entered in favor of Glendale Management Company, II, in the amount of $111,564.13 with interest at the rate of six percent per annum to date from October 22, 2008. By the Court, Thomas J. Williams, Esquire Seth T. Mosebey, Esquire Attorneys for Plaintiff 10 East High Street Carlisle, PA 17013 M. L. Ebert, Jr., J. TRUE COPY FROM RECORD - In Testimony whweofj Mm u* $N nrt tWW and ft disaw of iiaWdN* P& This or' x.+(12.. I!IpiM+ol+ote? r Clifton R. Guise, Esquire Attorney for Defendant 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Court Administrator bas EXHIBIT "B" Thomas J. Williams, Esquire Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 17512 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLENDALE MANAGEMENT IN THE COURT OF COMMON PLEAS OF COMPANY, 11, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-05983 CIVIL ACTION - LAW TRUE GREEN HOMES, LLC. t/d/b/a HOTEL CARLISLE, : Defendant JURY TRIAL DEMANDED TO: TRUE GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE NOTICE OF ENTRY OF JUDGMENT You are hereby notified that on the JyAday of % L.A.A4 , 2010, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $111,564.13, plus interest in the amount of $6,693.85, and costs of suit on the decision of the Court dated May 26, 2010, following trial without a jury Date: __% ___? I 'Prbthonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: True Green Homes, LLC t/d/b/a Hotel Carlisle Clifton R. Guise, Esquire GATES, HALBRUNER & HATCH, PC 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 F:\F1LES\C1iems\10342 Glend k Management\10342.4\10342.4.pra2 Created: 9!20104 0:06PM Revised 6/10/10 3:39PM 10 East High treet Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff R 4_v Thomas J. Williams, Esquire r D Y Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALUM UN 10 F ii 3: MARTSON LAW OFFICES I.D. Nos. 17512 and 203046 GLENDALE MANAGEMENT COMPANY, H, Plaintiff V. TRUE GREEN HOMES, LLC. t/d/b/a HOTEL CARLISLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-05983 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter judgment in favor of Plaintiff, Glendale Management Company, 11, and against Defendant True Green Homes, LLC, t/d/b/a Hotel Carlisle, on the decision of the Court dated May 26, 2010, following trial without a jury, in the amount of $111,564.13, with interest at the rate of 6% per annum from October 22, 2008. No timely post-trial Motions have been filed. MARTSON LAW OFFICES By Thomas J. Williams, uire Seth T. Mosebey, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 6 hoho Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Clifton R. Guise, Esquire GATES, HALBRUNER & HATCH, PC 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 MARTSON LAW OFFICES By Vf 0-4?j M 'ce Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 6// D//d Thomas J. Williams, Esquire TAY Seth T. Mosebey, Esquire p1:.? j a J; 3 MARTSON DEARDORFF WILLIAMS OTTO`KVY & FALLER MARTSON LAW OFFICES T1( I.D. Nos. 17512 and 203046 ; 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLENDALE MANAGEMENT COMPANY, 11, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. TRUE GREEN HOMES, LLC. t/d/b/a HOTEL CARLISLE, Defendant NO. 08-05983 CIVIL ACTION - LAW JURY TRIAL DEMANDED PA R.C.P. 237 CERTIFICATION I certify that I have this day mailed by first class United States mail, a copy of the Praecipe to Enter Judgment to each attorney or party who has appeared in this action. MARTSON LAW OFFICES J. O"k By 31 Thomas J. Williams, uire Seth T. Mosebey, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 6 /)A/)* Attorneys for Plaintiff EXHIBIT "C" r. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GLENDALE MANAGEMENT COMPANY, II Plaintiff VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE Defendant File No. 08-05983 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Oakdale Suiteq LLC, c/o James D. Hughes, Esquire (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All documents relating to the sale of the Hotel Carlisle from True Green Homes, LLC, to Oakdale Suites, LLC, including but not limited to all mortgages, deeds, agreements of sale, promissory notes, financing documents, and settlement statements. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. at Martson Law Offices, 10 East High Street, Carlisle, PA 17013 THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas J. Williams/Seth T. Mosebey ADDRESS: 10 East High Street Carl i ale, PA 17013 TELEPHONE: (717) 243-3341 SUPREME COURT ID # 175121203046 ATTORNEY FOR: Plaintiff BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Motion was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Clifton R. Guise, Esquire GATES, HALBRUNER & HATCH, PC 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 MARTSON LAW OFFICES By: Ma/y rice Ten Ea'd High Street Carlisle, PA 17013 (717) 243-3341 GLENDALE MANAGEMENT COMPANY II, Plaintiff V. TRUE GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE, Defendant AUG 0 3 2010 X- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-05983 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this 3 day of , 2010, upon consideration of Plaintiff's Motion to Rule Upon Objections to Service o 1a Subpoena Directed to Oakdale Suites, LLC, a hearing is hereby schedule for u•at 02 , 2010, at J!,30,0 m. in Courtroom No. a... of the Cumberland County Courthouse to determine whether Plaintiff is entitled to the relief sought in its Motion. Distribution T as J. Williams, Esquire eth T. Mosebey, Esquire (7) r , ire i E R 11 Clift G G? squ se, . u on ? - ? r3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ce"O"'tr et IttN JtY $? ,;. OFFfCE ` THE$"ERiFF RIO JJ'. ? a= ?: JUL po AM q A Glendale Management Company II vs. True Green Homes, LLC t/x/b/a Hotel Carlisle Case Number 2008-5983 SHERIFF'S RETURN OF SERVICE 07/28/2010 12:16 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 28, 2010 at 1214 hours, served three copies of the writ of execution, three copies of the writ of execution notice, and three copies of the interrogatories upon Christin Thumma, Office Manager for garnishee Oakdale Suites, LLC at 1700 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17015. The writ of execution and notice to defendant was mailed on July 29, 2010 to defendant True Green Homes, LLC t/d/b/a Hotel Carlisle, at 1005 Azlen Lane, Chalfont, PA 18914 via certified mail. SO ANSWERS, July 29, 2010 RbNlii?Y R ANDERSON, SHERIFF i liam T. Cline, Deputy (c) CountySuite Sheriff. Teleosoft. Inc. V GLENDALE MANAGEMENT COMPANY II, plaintiff VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 2008-05983 (7 ?? p r OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Defendant, True Green Homes, LLC t/d/b/a Hotel Carlisle, objects to the proposed subpoena that is attached to these objections for the following reasons: 1. Defendant objects that Plaintiffs requests are overly broad, unduly burdensome upon the third party Sunil Philip, CPA. 2. Defendant objects that the requests directed at Sunil Philip, CPA are outside the scope of discovery because they do not relate to the collection or enforcement of the judgment. 3. Defendant objects that the requests directed at Sunil Philip, CPA are outside the scope of discovery because Denis Patel a/k/a Dinish Patel is not a party to the action Wherefore, True Green Homes, LLC by its attorneys, Gates, Halbruner, Hatch & Guise, P.C. respectfully request this Honorable Court quash the subpoena to be issued to Sunil Philip, CPA. Respectfully Submitted, DATE: GATES, HALBRUNER, HATCH & GUISE, P.C. Ay: Clifton R. Guise, Esq. PA I.D. #93537 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600/ Fax: (717) 731-9627 c.g_u'se(&gateslawfirm.com 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GLENDALE MANAGEMENT COMPANY, II ; Plaintiff File No. 08-05983 VS. TRUE GREEN HOMES, LLC t/b/d/a HOTEL CARLISLE Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Sunil Philip, CPA, 301 Oxford Valley Road, Yardley, PA 19067 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documents in your possession or control, and regardless of ownership of the documents, which pertain in any way to True Green Homes, L.L.C. and/or Dinish Patel a/k/a Dennis Patel, including without limitation those that pertain to the purchase, sale or operation of the Hotel Carlisle and/or relating to Glendale Management Company, II, and/or Oakdale Suites, L.L.C., especially financial records or records related to financial transactions. Specifically included are bank statements, check book registers, loan applications, notes, mortgages, HUD forms, tax returns, and payroll records. at Martson Law Offices, 10 East High Street, Carlisle PA 17013 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas J. Williams/Seth T. Mosebey ADDRESS: 10 East High Street Carlisle, PA 17013 TELEPHONE: (717) 243-3341 SUPREME COURT ID # 1751=03046 ATTORNEY FOR: Plaintiff Date: / .5-- d-0 eal o e Court BY THE COURT: /Si ?Gll.Gt?? ?..C?i??? Prothonotary, Civil Division ?? Deputy GLENDALE MANAGEMENT COMPANY II, Plaintiff VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 2008-05983 CERTIFICATE OF SERVICE I, Clifton R. Guise, Esq., hereby certify that a true and correct copy of the foregoing Objections to Subpoena was served this day by first class United States postal service, postage pre- paid upon: Thomas J. Williams, Esq. Seth T. Moseby, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiff GATES, HALBRUNER, HATCH & GUISE, P.C. DATE:_? By: Clifton R. Guise, Esq. PA I.D. #93537 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 E-mail: c.guise@a gateslawfirm.com 2 X- ( . . GLENDALE MANAGEMENT COMPANY II, plaintiff VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 2008-05983 OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Defendant, True Green Homes, LLC t/d/b/a Hotel Carlisle, objects to the proposed subpoena that is attached to these objections for the following reasons: 1. Defendant objects that Plaintiffs requests are overly broad, unduly burdensome upon the third party AmeriChoice Federal Credit Union. 2. Defendant objects that the requests directed at AmeriChoice Federal Credit Union are outside the scope of discovery because they do not relate to the collection or enforcement of the judgment. 3. Defendant objects that the requests directed at AmeriChoice Federal Credit Union are outside the scope of discovery because Denis Patel a/k/a Dinish Patel is not a party to the action Wherefore, True Green Homes, LLC by its attorneys, Gates, Halbruner, Hatch & Guise, P.C. respectfully request this Honorable Court quash the subpoena to be issued to AmeriChoice Federal Credit Union. Respectfully Submitted, DATE: GATES, HALBRUNER, HATCH & GUISE, P.C. : Clifton R. Guise, Esq. PA I.D. #93537 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600/ Fax: (717) 731-9627 c. ¢uise(& gateslawfirm. com 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GLENDALE MANAGEMENT COMPANY, II ; Plaintiff VS. TRUE GREEN HOMES, LLC t/b/d/a HOTEL CARLISLE Defendant File No. 08-05983 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: AmeriChoice Federal Credit Union, 2175 Bumble Bee Hollow Road, Mechanicsburg, PA 17055 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documents prepared in connection with the closing of the sale of the Hotel Carlisle on July 29, 2009, and any and all documents which pertain in any way to True Green Homes, L.L.C. and/or Dinish Patel a/k/a Dennis Patel. Specifically included are bank statements, check book registers, loan applications, notes, mortgages, HUD forms, and tax returns. at Martson Law Offices, 10 East High Street, Carlisle PA 17013 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas J. Williams/Seth T. Mosebey ADDRESS: 10 East High Street Carlisle, PA 17013 TELEPHONE: (717) 243-3341 SUPREME COURT ID # 17512/203046 ATTORNEY FOR: Plaintiff Date: 01(44 `S, "/G Sea{ the Court BY THE COURT: Prothonotary, Civil Division Deputy ti % GLENDALE MANAGEMENT COMPANY II, plaintiff VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO.2008-45983 CERTIFICATE OF SERVICE I, Clifton R. Guise, Esq., hereby certify that a true and correct copy of the foregoing Objections to Subpoena was served this day by first class United States postal service, postage pre- paid upon: Thomas J. Williams, Esq. Seth T. Moseby, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiff GATES, HALBRUNER, HATCH & GUISE, P.C. DATE: '????3? . Clifton R. Guise, Esq. PA I.D. #93537 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 E-mail: c.guise@gateslawfirm.com 2 GLENDALE MANAGEMENT IN THE COURT OF COMMON PLEAS OF COMPANY, II, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. TRUE GREEN HOMES, LLC T/D/B/A HOTEL CARLISLE DEFENDANT NO. 08-5983 CIVIL ORDER OF COURT AND NOW, this 18th day of August, 2010, due to a conflict with this Court's schedule, the hearing scheduled for Friday, August 20, 2010, will now be held on Wednesday, August 25, 2010, at 11:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Nk-t M. L. Ebert, Jr., J. ,"'Thomas J. Williams, Esquire Seth T. Mosebey, Esquire Attorneys for Plaintiff 10 East High Street Carlisle, PA 17013 ?on R. Guise, Esquire Attorney for Defendant 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 bas S t?3lty 3 ;. r0 PEE -OF"r- ,F 7,,tr7 2V PM V: 25 PENNSYLVANA GLENDALE MANAGEMENT COMPANY II, Plaintiff VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 2008-05983 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance in this case on behalf of the Defendant, True Green Homes, LLC. Respectfully August 25, 2010 r F Lowell R. ates, Esquire PA ID 4¢779 Gates, 14albruner, Hatch &Guise, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Attornevs for True Green Homes. LLC GLENDALE MANAGEMENT COMPANY II, Plaintiff VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 2008-05983 CERTIFICATE OF SERVICE 1, Lowell R. Gates, Esq., hereby certify that a true and correct copy of the foregoing Praecipe To Enter Appearance was served this day by first class United States postal service, postage pre-paid upon: Thomas J. Williams, Esq. Seth T. Moseby, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiff AUGUST 25, 2010 GATES, HALBRUNER & HATCH, P.C. By: Lo R. Gates, Esq. PA I.D #46779 1013?umma Road, Suite 100 Lem 4e, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 E-mail: 1.r.gates@gateslawfirm.com GLENDALE MANAGEMENT CO., II, Plaintiff V TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-5983 CIVIL TERM IN RE: MOTION TO RULE UPON OBJECTIONS ORDER OF COURT AND NOW, this 25th day of August, 2010, upon consideration of the Defendant's Objections to Subpoena, the Plaintiff's Motion to Rule Upon Objections to Service of Subpoena, and after argument, IT IS HEREBY ORDERED AND DIRECTED that the defendant's objections to the subpoena are overruled. The plaintiff may serve its subpoena to Oakdale Suites. By the Court, ~~ M. L. Ebert, Jr. J. Thomas J. Williams, Esquire Seth T. Moseby, Esquire For the Plaintiff o w Clifton R. Guise, Esquire tr? n For the Defendant ~ -v :mtf '"' ,,~ . ~p 6 E.S' m.~. ~ ~cl~ C ~ a car ~s ;~ ~. -~'r-1 GLENDALE MANAGEMENT COMPANY II, Plaintiff VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ,._y x,mm CASE NO. 2008-05983 OBJECTION TO SUBPOENA ISSUED TO FIRSTRUST BANK Cri -"C7 AND NOW, True Green Homes, LLC by and through its attorneys, Gates, Halbruner, Hatch & Guise, P.C. files this Motion to Quash against the Subpoenas issued to Firstrust Bank and in support thereof respectfully avers as follows: 1. Plaintiff is attempting to execute upon a judgment entered June 10, 2010. 2. Plaintiff issued a Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 dated October 27, 2010 to Firstrust Bank, Inc. for certain records for True Green Homes, LLC, and/or Dinish Patel a/k/a Dennis Patel (the "Subpoena"). The Subpoena issued is attached hereto as Exhibit A. 3. Dinish Patel a/k/a Dennis Patel is not a party to this action. 4. Firstrust Bank is not a party to this action. 5. Firstrust Bank is a financial institution as defined in the Gramm-Leach- Bliley Act ("GLBA") at Title 15 U.S.C. Section 6801 and following. 6. Under 15 U.S.C. Section 6802(e), a financial institution cannot disclose a customer's private financial information unless it is done in compliance with the following: ;17 -77 ?. 44) ?.i t? "(8) [(i)] to comply with Federal, State, or local laws, rules, and other applicable legal requirements; [(ii)] to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities; or [(iii)] to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized bylaw." 15 U.S.C. § 6802(e). 7. This subpoena is not a properly authorized civil investigation because a subpoena issued to a non-party requesting information about another non-party is outside the scope of discovery. 8. Plaintiff failed to give Notice of Intent to Serve Subpoena in accordance with Pa. R.C.P. 4009.21. 9. Dinish Patel a/k/a Dennis Patel is not properly identified in the Subpoena using his correct name. 10. Defendant respectfully requests this Court quash the subpoena issued to Firstrust Bank. 11. Plaintiff does not object to the Subpoena as issued for records pertaining to True Green Homes, LLC. 12. Defendant has sought the concurrence of Plaintiffs counsel and as of the time and date of filing has not received a concurrence or non-concurrence from Plaintiff s counsel. 13. This matter was previously assigned to Judge A L. Ebert, Jr. 2 Wherefore, True Green Homes, LLC by its attorneys, Gates, Halbruner, Hatch & Guise, P.C. respectfully request this Honorable Court quash the subpoena to be issued to Firstrust Bank as it pertains to Dinish Patel a/k/a Dennis Patel. Respectfully Sub tted, Gates, Halbruatch & Guise, P.C. Date: November 15, 2010 Lowell /R. Gates, Esquire PA ID #46779 1013 Mumma Road, Suite 100 Lem yne, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 l.r.gates@gateslawfirm.com 3 GLENDALE MANAGEMENT COMPANY II, Plaintiff VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 2008-05983 CERTIFICATE OF SERVICE I, Lowell R. Gates, Esq., hereby certify that a true and correct copy of the foregoing Objections to Subpoena Issued to Firstrust Bank was served this day by first class United States postal service, postage pre-paid upon: Thomas J. Williams, Esq. Seth T. Moseby, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiff Date: November 15, 2010 Respectfully Submitted, Gates, Halbn r, Hatch & Guise, P.C. Low R. Gates, Esquire PA #46779 101 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 I.r.gates@gateslawfirrn.com 4 i? ?X? ?" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GLENDALE MANAGEMENT COMPANY II : Plaintiff File No. 08-05983 vs. TRUE GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE : Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Firstrust Bank, New Britain Village Square, 4275 County Line Road, Chalfont, PA 18914 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documents prepared in connection with the closing of the sale of the Hotel Carlisle on July 29, 2009, and any and all documents which pertain in any way to True Green Homes, LLC and/or Dinish Patel a/k/a Dennis Patel. Specifically included are bank statements, check book registers, loan applications, notes, mortgages, HUD forms, and tax returns. at Martson Law Offices, 10 East High Street, Carlisle, PA 17013 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Seth T. Mosebey, Esquire ADDRESS: to East High Sue=t Carlisle, PA 17013 TELEPHONE: (717) 243-3341 SUPREME COURT ID # 203046 ATTORNEY FOR: Plaintiff Date: lC - "? -? - i CG Seal of the Court BY THE COURT: I)O&aD 17 'EU'?-LL. Prothonot , 'vi Division 9AA JA Deputy Thomas J. Williams, Esquire Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 17512 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLENDALE MANAGEMENT COMPANY H, Plaintiff V. TRUE GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-05983 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF DEPOSITION Please take Notice that the records deposition of Firstrust Bank, New Britain Village Square, 4275 County Line Road, Chalfont, PA 18914, will be taken pursuant to the applicable Pennsylvania Rules of Civil Procedure, before a Notary Public or other officer authorized to administer oaths at: the Law Offices of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, -10 East High Street, Carlisle, Pennsylvania 17013 on November 29, 2010 at 10:00 a.m. The original subpoena specifically requests: Any and all documents prepared in connection with the closing of the sale of the Hotel Carlisle on July 29, 2009, and any and all documents which pertain in any way to True Green Homes, LLC and/or Dinish Patel a/k/a Dennis Patel. Specifically included are bank statements, checkbook registers, loan applications, notes, mortgages, HUD forms, and tax returns. The purpose of this deposition is for copying only and it is assumed that no attorneys will be present. Pursuant to the applicable Pennsylvania Rules of Civil Procedure 4002, in lieu of a formal deposition, the manner of deposition shall be by written affidavit of the deponent, provided by return mail together with certified photocopies of the records will be accepted in full compliance with the subpoena duces tecum, and the deposition will not be filed of record. Complete copies of any reproduced records will be provided to all counsel at their expense upon specific request. MARTSON LAW OFFICES By; j, "Oil -'&V Thomas J. Williams, Es e Attorney I.D. No. 1751 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date Ib ?L7 ?? v Attorneys for Plaintiffs Thomas J. Williams, Esquire Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 17512 and 203046 10 East High Street Carlisle. PA 17013 (717) 243-3341 Attorneys for Plaintiff GLENDALE MANAGEMENT COMPANY 11, Plaintiff V. TRUE GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE, Defendant TO: Firstrust Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. NO. 08-05983 CIVIL ACTION - LAW .: JURY TRIAL DEMANDED NOTICE The enclosed subpoena is served pursuant to Pennsylvania Rule of Civil Procedure 234.2(b)(3). Complete the acknowledgment part of this form and returl the copy of the completed form to the sender in the enclosed self-addressed stamped envelope. Sign and date the acknowledgment. If you are served on behalf of a partnership, unincorporated association, corporation or similar entity, indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive the subpoena, indicate under your signature your authority. Date Notice Mailed: ACKNOWLEDGMENT OF RECEIPT OF SUBPOENA I acknowledge receipt of a copy of the subpoena in the above-captioned matter. Date: Signature Relationship to entity or Authority to receive the subpoena Telephone Numbers - Home: Work: GLENDALE MANAGEMENT IN THE COURT OF COMMON PLEAS OF COMPANY II, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE, DEFENDANT NO. 08-5983 CIVIL ORDER OF COURT AND NOW, this 18th day of November, 2010, upon consideration of Defendant's Objection to Subpoena issued to Firstrust Bank; IT IS HEREBY ORDERED AND DIRECTED that: A. A rule shall issue upon Plaintiff, Glendale Management Company II to show cause why the relief requested by Defendant should not be granted; B. Plaintiff shall file an Answer to the Objection on or before December 3, 2010; C. Argument on the matter will be held on December 20, 2010, at 11:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. ? Seth T. M b Esquire ose y, ttorney for Plaintiff I-- Lowell Gates, Esquire Attorney for Defendant M. L. Ebert, Jr., it By the Court, bas FAF1LES\C1iems\10342 Glendale Management\10342.4\10342.4.answerl.wpd OF THEILED-OFFICE PROTHONOTARY 2310 NOV 29 PM la: 84 Thomas J. Williams, Esquire Seth T. Mosebey, Esquire CUMBERLAND COUNTY MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER PENNSYLVANIA MARTSON LAW OFFICES I.D. Nos. 17512 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLENDALE MANAGEMENT COMPANY II, Plaintiff V. TRUE GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-05983 CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S OBJECTIONS TO SERVICE OF A SUBPOENA DIRECTED TO FIRSTRUST BANK AND NOW, comes Glendale Management Company H ("Plaintiff") by and through its attorneys, Martson Deardorff Williams Otto Gilroy & Faller, and hereby files this Answer to Defendant's Objections to Service of a Subpoena Directed to Firstrust Bank, and in support thereof avers as follows: I . Following a non-jury trial, Plaintiff obtained a judgment against Defendant in the amount of $111,564.13, with interest at the rate of 6% per annum from October 22, 2008. A true and correct copy of the Order entering judgment against Defendant is attached hereto as Exhibit "A" and is incorporated herein by reference. 2. Defendant did not file any post-trial motions relating to the above-referenced judgment. 3. On or about June 10, 2010, the Prothonotary of Cumberland County issued an Entry of Judgment against Defendant. A true and correct copy of the Entry of Judgment is attached hereto as Exhibit "B" and is incorporated herein by reference. 4. Plaintiff is now attempting to collect on the judgment entered against Defendant. 5. Plaintiff previously served a subpoena on AmeriChoice Federal Credit Union. 6. As part of the documents produced by AmeriChoice Federal Credit Union, Plaintiff learned that Defendant and/or Dinish Patel, the principal of Defendant, have accounts with Firstrust Bank. 7. Plaintiff is seeking to serve a subpoena on Firstrust Bank in order to determine whether it may execute on any accounts held by Firstrust Bank. A true and correct of Plaintiff's subpoena to Firstrust Bank is attached hereto and incorporated as Exhibit "C." 8. On or about November 15, 2010, Defendant filed an Objection to Subpoena Issued to Firstrust Bank. A true and correct copy of Defendant's Objection is attached hereto as Exhibit «D 9. Plaintiff is now requesting that this Court rule upon the Objection and enter an Order permitting service of the subpoena which is attached as Exhibit "C." 10. The documents sought in the subpoena to Firstrust Bank relate to the collection of Plaintiff's judgment and are narrowly tailored to obtain information necessary for the purpose of collecting the judgment. WHEREFORE, Plaintiff, Glendale Management Company II, requests that this Court enter an Order denying Defendant's Objection and permitting Plaintiffto serve its subpoena upon Firstrust Bank. MARTSON LAW OFFICES J By Thomas J. Williams, E Quire I.D. No. 17512 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: Attorneys for Defendants EXHIBIT "A" e GLENDALE MANAGEMENT IN THE COURT OF COMMON PLEAS OF COMPANY, II, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. TRUE GREEN HOMES, LLC T/D/B/A HOTEL CARLISLE DEFENDANT NO. 08-5983 CIVIL IN RE: NON-JURY TRIAL ORDER OF COURT AND NOW, this 26th day of May, 2010, after a bench trial in the above captioned matter, the verdict of the court is as follows: 1. On Glendale Management Company, II's claim of Breach of Contract by True Green Homes, LLC, the Court finds in favor of Glendale Management Company and awards damages in the amount of $114,537.97. 2. On Defendant, True Green Homes, LLC, Counterclaim Count I - Breach of Contract - the Court finds in favor of True Green Homes, LLC, and awards damages in the amount of $1,000.00. 3. On Defendant, True Green Homes, LLC, Counterclaim Count II - Breach of Contract - the Court finds in favor of True Green Homes, LLC, and awards damages in the amount of $1,973.84. 4. On Defendant, True Green Homes, LLC, Counterclaim Count III - Breach of Contract - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. 5. On Defendant, True Green Homes, LLC, Counterclaim Count IV - Breach of Contract - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. 6. On Defendant, True Green Homes, LLC, Counterclaim Count V - Breach of Contract - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. 7. On Defendant, True Green Homes, LLC, Counterclaim Count VI - Breach of Contract - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC 8. On Defendant, True Green Homes, LLC, Counterclaim, Count VII - Fraud By Concealment - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. 9. On Defendant, True Green Homes, LLC, Counterclaim, Count VIII - Unfair Trade Practice - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. Accordingly, given the offset owed to True Green Homes, LLC, judgment is entered in favor of Glendale Management Company, II, in the amount of $111,564.13 with interest at the rate of six percent per annum to date from October 22, 2008. By the Court, Thomas J. Williams, Esquire Seth T. Mosebey, Esquire Attorneys for Plaintiff 10 East High Street Carlisle, PA 17013 \-? ?AA / M. L. Ebert, Jr., J. in TTRU4 C001F M ON-RECORD estlnno? whereof, !!NpMdr?owr r r Clifton R. Guise, Esquire Attorney for Defendant 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Court Administrator bas EXHIBIT "B" 'c Thomas J. Williams, Esquire Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 17512 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLENDALE MANAGEMENT : IN THE COURT OF COMMON PLEAS OF COMPANY, II, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-05983 CIVIL ACTION - LAW TRUE GREEN HOMES, LLC. t/d/b/a HOTEL CARLISLE, Defendant JURY TRIAL DEMANDED TO: TRUE GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE NOTICE OF ENTRY OF JUDGMENT You are hereby notified that on the Clay of - ), , 2010, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $111,564.13, plus interest in the amount of $6,693.85, and costs of suit on the decision of the Court dated May 26, 2010, following trial without a jury 1 " ?a Date: 11,416 P thonot ar7' I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: True Green Homes, LLC t/d/b/a Hotel Carlisle Clifton R. Guise, Esquire GATES, HALBRUNER & HATCH, PC 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 F\F1LES\Clients\10342 Glendale Managemant\10342.4\10342.4.pra.2 Created: 9120104 0.06PM Re4sed: 6110/10 3:39PM Thomas J. Williams, Esquire s PE Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALL M UN (O F+7 3: ? 1 MARTSON LAW OFFICES I.D. Nos. 17512 and 203046 CUM -'?'? 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLENDALE MANAGEMENT COMPANY, II, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. TRUE GREEN HOMES, LLC. t/d/b/a HOTEL CARLISLE, Defendant : NO. 08-05983 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter judgment in favor of Plaintiff, Glendale Management Company, II, and against Defendant True Green Homes, LLC, t/d/b/a Hotel Carlisle, on the decision of the Court dated May 26, 2010, following trial without a jury, in the amount of $111,564.13, with interest at the rate of 6% per annum from October 22, 2008. No timely post-trial Motions have been filed. MARTSON LAW OFFICES By J- A??k _24(A Thomas J. Williams, uire Seth T. Mosebey, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 6 ho ho Attorneys for Plaintiff ' c CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Clifton R. Guise, Esquire GATES, HALBRUNER & HATCH, PC 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 MARTSON LAW OFFICES By 1.1.? V1, 0-4?j M ce Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 6//O//o J?H Thomas J. Williams, Esquire Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO?R` & F LER MARTSON LAW OFFICES Cat i. L; wt I.D. Nos. 17512 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLENDALE MANAGEMENT COMPANY, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TRUE GREEN HOMES, LLC. t/d/b/a HOTEL CARLISLE, Defendant NO. 08-05983 CIVIL ACTION - LAW : JURY TRIAL DEMANDED PA R.C.P. 237 CERTIFICATION MARTSON LAW OFFICES BY J. A"? Thomas J. Williams, F4guire Seth T. Mosebey, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 6 /l o /1o Attorneys for Plaintiff 1 certify that I have this day mailed by first class United States mail, a copy of the Praecipe to Enter Judgment to each attorney or party who has appeared in this action. EXHIBIT "C" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GLENDALE MANAGEMENT COMPANY II Plaintiff . File No. 08-05983 vs. TRUE GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Firstrust Bank, New Britain Village Square, 4275 County Line Road, Chalfont, PA 18914 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documents prepared in connection with the closing of the sale of the Hotel Carlisle on July 29, 2009, and any and all documents which pertain in any way to True Green Homes, LLC and/or Dinish Patel a/k/a Dennis Patel. Specifically included are bank statements, check book registers, loan applications, notes, mortgages, HUD forms, and tax returns. at Martson Law Offices, 10 East High Street, Carlisle, PA 17013 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Seth T. Mosebey, Esquire ADDRESS: to East High street Carlisle, PA 17013 TELEPHONE: (717) 243-3341 SUPREME COURT ID # 2=46 ATTORNEY FOR: Plaintiff BY THE COURT: Date: IC - o)-? -16 Seal of the Court I&LD 1- EU!aLL Prothono , 'vi Division 6AA It IN%.& A. Deputy EXHIBIT "D" -mowwwp GLENDALE MANAGEMENT COMPANY II, Plaintiff VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 2008-05983 OBJECTION TO SUBPOENA ISSUED TO FIRSTRUST BANK AND NOW, True Green Homes, LLC by and through its attorneys, Gates, Halbruner, Hatch & Guise, P.C. files this Motion to Quash against the Subpoenas issued to Firstrust Bank and in support thereof respectfully avers as follows: 1. Plaintiff is attempting to execute upon a judgment entered June 10, 2010. 2. Plaintiff issued a Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 dated October 27, 2010 to Firstrust Bank, Inc. for certain records for True Green Homes, LLC, and/or Dinish Patel a/k/a Dennis Patel (the "Subpoena"). The Subpoena issued is attached hereto as Exhibit A. 3. Dinish Patel a/k/a Dennis Patel is not a party to this action. 4. Firstrust Bank is not a party to this action. 5. Firstrust Bank is a financial institution as defined in the Gramm-Leach- Bliley Act ("GLBA") at Title 15 U.S.C. Section 6801 and following. 6. Under 15 U.S.C. Section 6802(e), a financial institution cannot disclose a customer's private financial information unless it is done in compliance with the following: "(8) [(i)] to comply with Federal, State, or local laws, rules, and other applicable legal requirements; [(ii)] to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities; or [(iii)] to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized bylaw." 15 U.S.C. § 6802(e). 7. This subpoena is not a properly authorized civil investigation because a subpoena issued to a non-party requesting information about another non-party is outside the scope of discovery. 8. Plaintiff failed to give Notice of Intent to Serve Subpoena in accordance with Pa. R.C.P. 4009.21. 9. Dinish Patel a/k/a Dennis Patel is not properly identified in the Subpoena using his correct name. 10. Defendant respectfully requests this Court quash the subpoena issued to Firstrust Bank. 1 l . Plaintiff does not object to the Subpoena as issued for records pertaining to True Green Homes, LLC. 12. Defendant has sought the concurrence of Plaintiff's counsel and as of the time and date of filing has not received a concurrence or non-concurrence from Plaintiffs counsel. 13. This matter was previously assigned to Judge M. L. Ebert, Jr. 2 L Wherefore, True Green Homes, LLC by its attorneys, Gates, Halbruner, Hatch & Guise, P.C. respectfully request this Honorable Court quash the subpoena to be issued to Firstrust Bank as it pertains to Dinish Patel a/k/a Dennis Patel. Respectfully Sub tted, Gates, Halbrur , atch & Guise, P.C. Date: November 15, 2010 Lowell )R. Gates, Esquire PA ID #46779 1013 Mumma Road, Suite 100 Lem yne, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 1. r. gates@gatesl awfi rm. com 3 GLENDALE MANAGEMENT COMPANY II, Plaintiff VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 2008-05983 CERTIFICATE OF SERVICE I, Lowell R. Gates, Esq., hereby certify that a true and correct copy of the foregoing Objections to Subpoena Issued to Firstrust Bank was served this day by first class United States postal service, postage pre-paid upon: Thomas J. Williams, Esq. Seth T. Moseby, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiff Date: November 15, 2010 Respectfully Submitted, Gates, Halbrury ;}Hatch & Guise, P.C. Low R. Gates, Esquire PA #46779 101 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 73 l -9600 Fax: (717) 731-9627 l .r. gates@gatesl awfirm . com 4 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Motion was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Clifton R. Guise, Esquire GATES, HALBRUNER & HATCH, PC 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 MARTSON LAW OFFICES By: Mary M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Clifton R. Guise, Esquire GATES, HALBRUNER & HATCH, PC 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 MARTSON LAW OFFICES By:_ /JWJ M . Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 GLENDALE MANAGEMENT IN THE COURT OF COMMON PLEAS OF COMPANY II, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE, DEFENDANT NO. 08-5983 CIVIL ORDER OF COURT AND NOW, this 20th day of December, 2010, upon consideration of Defendant's Objection to Subpoena issued to Firstrust Bank and the Plaintiff's Response thereto and after argument in the matter; IT IS HEREBY ORDERED AND DIRECTED that Defendant's Objection to Subpoena issued to Firstrust Bank is OVERRULED. Plaintiff will be permitted to serve its subpoena upon Firstrust Bank. By the Court, NN?, ,I ?AA Seth T. Moseby, Esquire Attorney for Plaintiff well Gates, Esquire Clifton Guise, Esquire Attorney for Defendant bas 0-6f ?-S y-rZ t ??.?zv/rv M. L. Ebert, Jr., J. iaz -70 r- N _-u M O , T Q Cr) f -n C.) ? -1 C { .Ayr yn+.y 1 f 57 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY je FINED-Gz i X11:; ;1, 0% 30 11 FEB I I PM Z: 5 R1;F Glendale Management Company II vs. Case Number True Green Homes, LLC t/x/b/a Hotel Carlisle 2008-5983 SHERIFF'S RETURN OF SERVICE 07/28/2010 12:16 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 28, 2010 at 1214 hours, served three copies of the writ of execution, three copies of the writ of execution notice, and three copies of the interrogatories upon Christin Thumma, Office Manager for garnishee Oakdale Suites, LLC at 1700 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17015. The writ of execution and notice to defendant was mailed on July 29, 2010 to defendant True Green Homes, LLC t/d/b/a Hotel Carlisle, at 1005 Azlen Lane, Chalfont, PA 18914 via certified mail. 02/11/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $93.32 SO ANSWERS, February 11, 2011 RON R ANDERSON, SHERIFF ,/Sharon R. Lantz 4 L' ?rGI LAC , S? L /"w 41t 5 ?3 At sso?? ? ¦ Complete itsms 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: A. Signature x ? Agent ? Addressee B. Received by (Printed?ame) C. ate of Delivery D. Is delivery addrtids different from Rem 1? ? Yes If YES, enter delivery address below: ? No .'rue Green Homes, LLC c/d/b/a Hotel Carlisle 1005 Azlen Lane _ -halfont, PA 1 891 4 3. Service Type X CertlNed Mall ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article1 7004 1350 0003 7145 9029 (7:Wnsfa - ZDO 83 ?4 Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED $TA?F.:#PQj4, sal, .':'•.. L , l '-,,?,,..;t=.C 1_..,-r T"?el ... sae, •`;5,,,,,• ?Q, 'ink" Sender: Please print your name, address, and ZIP+4 in this box • ??Yl G f r ?1 ?e?7 l r C'o U ?? Ad s 303 Oorlt?.S)C' /A 7 c? 13 lIIllllll l'II1111111111111111f 1111'1111111111111111111111 It i It ti WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5983 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GLENDALE MANAGEMENT COMPANY II, Plaintiff (s) From TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE, 1005 Azlen Lane, Chalfont, PA 18914 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: OAKDALE SUITES, LLC, 1700 Harrisburg Pike, Carlisle, PA 17015 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $111,564.13 L.L.$.50 Interest from 10/22/08 at the rate of $18.34 per day -- Costs to be Added Atty's Comm % Due Prothy $2.00 Atty Paid $211.51 Other Costs Plaintiff Paid Date: 7/14/10 1, Prot onotary (Seal) By: Deputy REQUESTING PARTY: Name SETH T. MOSEBEY, ESQUIRE Address: MARTSON LAW OFFICES TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 203046 GLENDALE MANAGEMENT COMPANY, II, PLAINTIFF V. TRUE GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5983 CIVIL IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER OF COURT AND NOW, this 23rd day of January, 2012, upon consideration of the Plaintiff's Motion to Compel Answers to Interrogatories in Aid of Execution, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon Defendant, True Green Homes, LLC, t/d/b/a Hotel Carlisle to show cause why the relief requested by the Plaintiff should not be granted; 2. The Defendant shall file an Answer to the Plaintiff's Motion to Compel on or before February 10, 2012; 3. Hearing/Argument on the Motion to Compel, to include consideration of sanctions, shall be held on Wednesday, March 21, 2012, at 3:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Thomas J. Williams, Esquire ?rSeth T. Mosebey, Esquire Attorneys for Plaintiff ? M. L. Ebert, Jr., z ?. -a < _ Y { ais? ?Clifton R. Guise, Esquire Attorney for Defendant bas '?l?;n ?StiC laN?? C-. Patel p; es ma J-ed 1 j a7/0 i Im FEB t 0 Arl w' v GLENDALE COMPANY IMANAGEMtlT? YAU COURT OF COMMON PLEAS NBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. CIVIL ACTION - LAW TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE, CASE NO. 2008-05983 Defendant RESPONSE TO PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES IN Am OF EXECUTION AND NOW, True Green Homes, LLC by and through its attorneys, Gates, Halbruner, Hatch & Guise, P.C. files this Response to Plaintiffs Motion to Compel Answers to Interrogatories in Aid of Execution: 1. Plaintiff is attempting to execute upon a judgment entered June 10, 2010. 2. Plaintiff issued a first set of Interrogatories in Aid of Execution to which Defendant responded. 3. On December 2, 2011 Plaintiff issued a second set of Interrogatories in Aid of Execution. 4. Defendant has contemporaneously with this Response provided a full and complete response to Plaintiff s second set of Interrogatories in Aid of Execution. 5. Because Defendant has now provided a full and complete response to Plaintiff's second set of Interrogatories in Aid of Execution, Plaintiff's Motion to Compel is moot. 6. Pursuant to Rule 4019(g)(1), of the Pennsylvania Rules of . Civil Procedure: "...if following the refusal, objection or failure of a party or person to comply with any provision of this chapter, the court, after opportunity for hearing, enters an order compelling compliance and the order is not obeyed, the court on a subsequent motion for sanctions may, if the motion is granted, require the party or deponent whose conduct necessitated the motions or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses, including attorney's fees, incurred in obtaining the order of compliance and the order for sanctions, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust..." 7. Pursuant to Pa. R.C.P 4019(g)(1), sanctions are not appropriate until after a party or deponent fails to comply with a prior order of the Court. 8. In the present matter there was no prior order from this Court compelling Defendant to produce answers to Plaintiff's second set of Interrogatories in Aid of Execution. 9. Because there was no prior order from this Court, Plaintiff's request for sanctions is inappropriate and untimely. 2 Wherefore, True Green Homes, LLC by its attorneys, Gates, Halbruner, Hatch & Guise, P.C. respectfully request this Honorable Court dismiss the Motion to Compel as moot and deny Plaintiff s request for sanctions. Respectfully Submitted, Gates, Halbruner, Hatch & Guise, P.C. Date: February ? , 2012 Clifton R. Guise, Esquire PA ID #93537 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 c.gui se@gateslawfirm. com 3 GLENDALE MANAGEMENT COMPANY II, Plaintiff VS. TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 2008-05983 CERTIFICATE OF SERVICE I, Clifton R. Guise, Esq., hereby certify that a true and correct copy of the foregoing Response to Plaintiffs Motion to Compel Answers to interrogatories in Aid of Execution was served this day by first class United States postal service, postage pre-paid upon: Thomas J. Williams, Esq. Seth T. Moseby, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiff Date: February J_, 2012 Respectfully Submitted, Gates, Halbruner, Hatch & Guise, P.C. Afton R. Guise, Esquire PA ID #93537 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 c.guise@gateslawfirm.com 4 GLENDALE MANAGEMENT COMPANY, II, PLAINTIFF V. TRUE GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5983 CIVIL IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER OF COURT AND NOW, this 13th day of February, 2012, upon consideration of the Plaintiff's Motion to Compel Answers to Interrogatories in Aid of Execution, the Defendant's Response thereto and Plaintiff's counsel indicating that he has received the materials he requested and that a hearing is no longer required in the matter; IT IS HEREBY ORDERED AND DIRECTED that the Hearing previously scheduled for Wednesday, March 21, 2012, at 3:00 p.m. is hereby CANCELLED. By the Court, Thomas J. Williams, Esquire /Seth T. Mosebey, Esquire Attorneys for Plaintiff Clifton R. Guise, Esquire Attorney for Defendant M. L. Ebert, Jr., CZ? rn -n c- bas ci,?,F;es mad ,-d leot F:\FILES\Clients\10342 Glendale Management \10342.4\10342.4.Assignment l .wpd Thomas J. Williams, Esquire Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 17512 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff f ii tLt1DEC tf PM2:33 CUMBERLAND COUNTY PENNSYLVANIA GLENDALE MANAGEMENT COMPANY, II, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 08-05983 : CIVIL ACTION - LAW TRUE GREEN HOMES, LLC. t/d/b/a HOTEL CARLISLE, Defendant : JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland County: Please note on the above -referenced docket that the judgment entered on June 10, 2010, in favor of Glendale Management Company, II, and against True Green Homes, LLC, t/d/b/a Hotel Carlisle, in the amount of $111,564.13, plus interest in the amount of $6,693.85, has been assigned from Glendale Management Company, II, to George Gardner. A copy of the Assignment of Judgment is attached hereto as Exhibit "A." Date: f L/ 16 J/ y MARTSON LAW OFFICES By J /�� Thomas J. Williams, Es Seth T. Mosebey, Esqu 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff q. 5o re/ /97`j 1p, 3144 ASSIGNMENT OF JUDGMENT Agreement made this 1 itl ay of December, 2014, between Glendale Management Company, II ("Assignor"), and George Gardner, sole shareholder of Assignor ("Assignee"). Whereas, on May 26, 2010, an Order of Court, a copy of which is attached hereto as Exhibit "A," was issued by Judge Ebert at Docket No. 08-5983 in the Court of Common Pleas of Cumberland County, Pennsylvania granting judgment in favor of Assignor and against True Green Homes, LLC, t/d/b/a Hotel Carlisle, in the amount of $1.11,564.13, plus interest at the rate of six percent (6.0%) per annum from October 22, 2008; and Whereas, judgment was entered in the Court of Common Pleas of Cumberland County at Docket No. 08-05983, in favor of Assignor and against True Green Homes, LLC, t/d/b/a Hotel Carlisle, on June 10, 2010, in the amount of $111,564.13, plus interest in the amount of $6,693.85, and costs of suit. A copy of the Notice of Entry of Judgment is attached hereto as Exhibit "B." Now, therefore, in consideration of $1.00 and other good and valuable consideration, the Assignor does hereby assign to the Assignee the said judgment and all sums of money that may be obtained by means thereof. I have executed this Assignment of Judgment this 1 V day of December, 2014. Glendale Management Company, II By: , George G . , % ner, President EXHIBIT "A" GLENDALE MANAGEMENT COMPANY, II, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA TRUE GREEN HOMES, LLC T/D/B/A HOTEL CARLISLE DEFENDANT : NO. 08-5983 CIVIL IN RE: NON -JURY TRIAL ORDER OF COURT n c: rr AND NOW, this 26th day of May, 2010, after a bench trial in the above captioned matter, the verdict of the court is as follows: 1. On Glendale Management Company, II's claim of Breach of Contract by True Green Homes, LLC, the Court finds in favor of Glendale Management Company and awards damages in the amount of $114,537.97. 2. On Defendant, True Green Homes, LLC, Counterclaim Count! - Breach of Contract - the Court finds in favor of True Green Homes, LLC, and awards damages in the amount of $1,000.00. 3. On Defendant, True Green Homes, LLC, Counterclaim Count II - Breach of Contract - the Court finds in favor of True Green Homes, LLC, and awards damages in the amount of $1,973.84. 4. On Defendant, True Green Homes, LLC, Counterclaim Count III - Breach of Contract - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. Fri � J .13 5. On Defendant, True Green Homes, LLC, Counterclaim Count IV - Breach of Contract - the Court finds in favor of Glendale Management Company, 11, and against True Green Homes, LLC. 6. On Defendant, True Green Homes, LLC, Counterclaim Count V - Breach of Contract - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. 7. On Defendant, True Green Homes, LLC, Counterclaim Count VI - Breach of Contract - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC 8. On Defendant, True Green Homes, LLC, Counterclaim, Count VII — Fraud By Concealment - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. 9. On Defendant, True Green Homes, LLC, Counterclaim, Count VIII - Unfair Trade Practice - the Court finds in favor of Glendale Management Company, II, and against True Green Homes, LLC. Accordingly, given the offset owed to True Green Homes, LLC, judgment is entered in favor of Glendale Management Company, 11, in the amount of $111,564.13 with interest at the rate of six percent per annum to date from October 22, 2008. By the Court, A mas J. Williams, Esquire eth T. Mosebey, Esquire Attorneys for Plaintiff 10 East High Street Carlisle, PA 17013 QO i tS ,VL t iEL Clifton R. Guise, Esquire Attorney for Defendant 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Court Administrator bas folifho Ms EXHIBIT "B" Thomas J. Williams, Esquire Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 17512 and 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GLENDALE MANAGEMENT COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA. v. : NO. 08-05983 : CIVIL ACTION - LAW TRUE GREEN HOMES, LLC. t/d/b/a HOTEL CARLISLE, Defendant : JURY TRIAL DEMANDED TO: TRUE GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE NOTICE OF ENTRY OF JUDGMENT You are hereby notified that on the y of ,itc...L.) , 2010, the following Judgment was entered against you in the above -captioned action: judgment in the amount of $111,564.13, plus interest in the amount of $6,693.85, and costs of suit on the decision of the Court dated May 26, 2010, following trial without a jury Date: Prot onotaryd-t? I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: True Green Homes, LLC t/d/b/a Hotel Carlisle Clifton R. Guise, Esquire GATES, HALBRUNER & HATCH, PC 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 ACKNOWLEDGMENT STATE OF f --(L----VAA,/,../ COUNTY OF C.- 11A4 f.10-4--"es".1 P On the W day of December, in the year 2014, before me, the undersigned, a Notary Public in and for said Commonwealth, personally appeared George Gardner, President of Glendale Management Company, II, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. : SS. MMON ALTH OF PEN YLV N NOTARIAL SEAL JOAN D. ADAMS, Notary Public Cerisle Boro., Cumberland County NV/Commission Expires March 15.2015 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Clifton R. Guise, Esquire HALBRUNER, HATCH & GUISE, PC 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 MARTSON LAW OFFICES By /001 Hi CD, M.1 � . Price Ten . st High Street Carlisle, PA 17013 (717) 243-3341