The URL can be used to link to this page

Home My WebLink About12-5188I .1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA= CIVIL DIVISION Plointiff(s) & Address(es) tv ;= . GLENDALE MANAGEMENT ?C-_7' ? COMPANY 11 c , 13101 Holly Pike, Carlisle, PA 17015 Case No. ?a - t' g8 Civil Terra ' VS. Civil Action Defendant(s) & Address(es) TRUIF= GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE, and Dineshchandra G. Patel 1005 Azlen Lane, Chalfont, PA 18914 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorne Sheriff. Please Circle choice C57, Date Signature of AttPrint Name: Thomas J. William eth T. Mosebey Address: Martson Law Offices, 10 East High Street Carlisle, PA 17013 Telephone #: 717-243-3341 Supreme Court ID Number: 17512/203046 • • • • • WRIT OF SUMMONS TO. True Green Homes, LLC, t/d/b/a Hotel Carlisle, and Dineshchandra G. Patel YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. -I)axid1) f I by Prothonotary/Clerk, Civil Division irate: 8/0t0/`20/`2 Deputy (JA )03.15 Pb L4 rol-AR45 p41' ATr'/ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??y??tilsr t7{ C:If1ri?r?t./,7 ? -r ! 1- ?' fJ i f l F l1 SEP 17 PM 12.3 7 CUMBERLAND COUNTY PEN,NsYLvANIA Glendale Management Company II Case Number vs. True Green Homes, LLC t/d/b/a Hotel Carlisle (et al.) 2012-5188 SHERIFF'S RETURN OF SERVICE 08/24/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: True Green Homes, LLC t/d/b/a Hotel Carlisle, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Bucks County, Pennsylvania to serve the within Writ of Summons according to law. 08/24/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Dineshchandra G. Patel, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Bucks County, Pennsylvania to serve the within Writ of Summons according to law. 09/05/2012 05:00 PM - Bucks County Return: And now September 5, 2012 at 1700 hours I, Jack Lotwick, Sheriff of Bucks County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Dineshchandra G. Patel by making known unto, "Ben" a female housekeeper for True Green Homes, LLC at 1005 Azlen Lane, Chalfont, Pennsylvania 18914 its contents and at the same time handing to her personally the said true and correct copy of the same. 09/05/2012 05:00 PM - Bucks County Return: And now September 5, 2012 at 1700 hours I, Jack Lotwick, Sheriff of Bucks County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: True Green Homes, LLC t/d/b/a Hotel Carlisle by making known unto, "Ben" a female housekeeper for True Green Homes, LLC at 1005 Azlen Lane, Chalfont, Pennsylvania 18914 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.45 September 11, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF C) COuniysul!: Sl,e,ii',, -1e1w,01, 1^1^ . BUCKS COUNTY OC SHERIFFS RETURN 1 of 1 Bucks County Case # 201232006 Invoice to be mailed to County Sheriffs Office Attn THOMAS J WILLIAMS, ESO Special Instructions Notes Filed 8 /20/2012 in CUMBERLAND COUNTY Bucks Case # 201232006 Recd 8/27/2012 Special Instructions Action Civil Action SUMMONS Plaintiff GLENDALE MANAGEMENT COMPANY - VS - II Defendant ODINESHCHANDRA G PATEL TRUE GREEN HOMES LLC TDBA HOTEL (,CARLISLE 1005 AZLEN LANE CHALFONT, PA 18914 Address Served if Different erved rider Pa. R.C.P. #402 (A) (i) Defendant personally served (A) (2) (i) Family Member %J (A) (2) (i) Adult in Charge of Residence (A) (2) (ii) Manager/Clerk at Deft's Lodging (A) (2) (iii) Person in Charge of Business By Handling to ?eh cwdu4e eioe r - ?eoiaIG By Posting Not Served 30 Days Ran Out Defendant Not Home Defendant Moved Address Vacant Defendant Unknown Deputy needs better address Checked Post Office No Forwarding Forwarding Address "rwp./Born Cc, L By Deputy 9,p_n ?Q CQ Witness At 0 0 o'clock (AM /0 on ?.l The above documen was serve of served on the defendant as per information listed ab v m t unty, of Bucks, Commonwealth of Pennsylvania. So answers: Sher 'of Bucks y Affirmed ubscribed befok melon this day [? _ ! Id Prothontary Affirmed and subscribed before me on this day Notary Public My Com. Exp. 08/27/2012 /00 2 tlY 4/4f(2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLENDALE MANAGEMENT COMPANY II, ~ - Plaintiff ~ , vs. CIVIL ACTION -LAW , e ;~ _.~ • ~ _ ~~ TRUE GREEN HOMES, LLC ~ - - ~ _ t/d/b/a HOTEL CARLISLE, and CASE NO. 12;-5188 >~~- DINE5HCHANDRA G. PATEL ~~ Defendants - PRAECIPE TO ENTER APPEARANCE, To the Prothonotary: Please enter my appearance in this case on behalf of the Lefendants, True Green Homes, LLC tid/b/a Hotel Carlisle, and Dineshchandra G. Patel. Respectfully Submitted, ~ r ~ ~ w r~ ~ October 17, 2012 ~ '~- ~ ~~~ ~-~'~`~ `~--~~~~ ~ ~ '~. ~" :~.~.~ Alicia A. Blankenship, Esquire , PA ID 309898 Gates, Halbruner, Hatch & Guise, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA l 7043 Attorneys for defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLENDALE MANAGEMENT . COMPANY II, . Plaintiff . vs.. . TRUE GREEN HOMES, LLC t/d/b/a HOTEL CARLISLE, and DINESHCHANDRA G. PATEL Defendants PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance in this case on behalf of the Defendants, True Green Homes„ LLC t/d/b/a Hotel Carlisle, and Dineshchandra G. Patel. Respectfully Submitted, October 17, 2012 ~,~---''"~ Tifton R. Guise, Esquire PA ID 93537 Gates, Halbruner, Hatch & Cruise, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Attorneys for Defendants GA"CES, HAL_BRUNER, HATCH BL GUISE, P.C. By: Alicia A. Blankenship, Esq. P.A ID 309898 Clifton R. Guise, Esq. PAID 935 77 1013 Mumma Road, Suite l00 Lemoyne, PA 17043 Phone: ('71 ?) 731-96n0 Fax: (,?17) 731-9627 Attorne>>s fnr Defendant i^ ;E ~_ .; . T ~`,1 + ~r~~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GLENDALE MANAGEMENT COMPANY II, Plaintiff v. TRUE GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE, and DINESHCHANDRA G. PATEL, Defendant ANSWER Case No. 2012-0.5188 Civil Action - Equit}~~ AND NOW, come the Defendants, True Green Homes, LLC, t/d/b/a Hotel Carlisle, and Dineshchandra Patel, by and through their undersigned attorneys, and submit the following Answer in response to Plaintiff's Complaint, and in support thereof aver as follows: 1. Defendant: lacks sufficient knowledge as to the truth of this averment. 2. Admitted. 3. Admitted. 4. This is a legal conclusion to which no response is required. 5. This is a legal conclusion to which no response is required. 6. Admitted in part. By way of further answer, Defendant purchased the property from Glendale Lodging L.P. lI. ?. Admitted. 8. Admitted. 9. Admitted in part and denied in part. It is admitted that the judgment remains outstanding but it is denied that this is so despite Plaintiff s attempts. COUNT I -Pennsylvania Uniform Fraudulent Transfers Act Glendale Management Company II v True Green Homes, LLC and Dineshchandra Patel 10. Defendant incorporates paragraphs 1 through 9 as though set forth in full. l l .Admitted that this is an accurate recitation of 12 Pa. C.S.A. §5104(a)(11. l ~ .This is a legal conclusion to which no response is required. To the extent a response is required, this averment is denied. Defendant demands strict proof thereof at trial. i 3. Admitted. By way of further answer Defendant had counter-claims against Plaintiff in an amount exceeding Plaintiffls claim. l~. Admitted. 15. Admitted in part, denied in part. Byway of further answer, payments made to either Dineshchandra Patel or Mahendra Patel were made as repayment of loans to members in the ordinary course of operating the limited liability company, 1 i~. This is a legal conclusion to which no response is required. To the extent a response is required, this averment is denied. Strict proof at trial is demanded. 17. Admitted in part, denied in part. Byway of further response, it is admitted that the proceeds from the sale of Hotel Carlisle were deposited at First Trust Bank, however, the amount stated in Plaintiff s Complaint is incorrect. 18. Admitted in part, denied in part. The response to paragraph. 15 is incorporated. 19. Admitted, a-c inclusive. 2 20. Denied as a conclusion of law. By way of further response, True Green did repay loans to Natwar Rajpara and Mahendra Patel. 21. Admitted. 22.. Admitted. a-h also admitted. 2 7. Denied as a legal conclusion. Strict proof at trial is demanded 24. Denied as a legal conclusion. Strict proof at trial is demanded. 25. Denied as a legal conclusion. Strict proof at trial is demanded 26. This is a legal conclusion to which no response is required. To the extent a response is required, this averment is specifically denied, and Defendant demands strict proof thereof at trial. WHEREFORE, Defendant respectfully requests this Court deny Glendale's requests. COUNT I1 -SELF DEALING BE"TWEEN CORPORATE ENTITY AND CONTROLLING OWNER GLENDALE MANAGEMENT COMPANY II v. DINESHCHANDRA GPA'TEL 2?. Defendant incorporates paragraphs 1-26 as though set forth in full. 28. This is a legal conclusion of which strict proof at trial is demanded. 29. Denied. Byway of further answer, True Green Homes is a Pennsylvania Limited Liability Company. 30. Denied as a legal conclusion. Strict proof at trial is demanded. 31. Denied as a legal conclusion. Strict proof at trial is demanded. 32. Denied as a legal conclusion. Strict proof at trial is demanded. 33. Denied as a legal conclusion. Strict proof at trial is demanded. 34. Denied as a legal conclusion. Strict proof at trial is demanded. 3 35. Denied as a legal conclusion. Strict proof at Mal is demanded. WHEREFORE, Defendant Patel respectfully requests this Court deny Plaintiff s request to pierce the corporate veil and enter judgment against Patel individually. COL"NT III. -PARTICIPATION OF CONTROLLING OWNER IN FRUAD BY CORPORATE ENTITY GLENDALE MANAGEMENT COMPANY I1 v. UINESHCHANDRA G. PATEL 36. Defendant incorporates paragraphs 1 through 35 as though set forth in full. 37. Denied, Strict proof is demanded at Mal. 38. Denied. Strict proof at trial is demanded. 39. Denied. This is a legal conclusion to which no response is required. WHEREFORE, Defendants respectfully requests this court enter judgment in its f~ivor. Respectfully Submitted, GATES, HALBRUNER, HATCH & GUISF,, P.C'. ~ ~! ~t ,. Dated: L rt~! ] ~ 1 Z By: Alicia A. Blankenship, Esquire' ~ µ / PA ID 309898 Clifton R. Guise, Esquire PA ID 93537 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 Attorneys for Defendants 4 lit [..{{~v~.d-1,.1, ;kt!'~.~' i ~~,ti.~. n'~: Y. (} J \. l.'~ti[~j'~ '~ 1~ l.j tt \. i'_.. ~'e\i, ~}ll ~.:~ 1~,. S.)1~~~~t44 ~E 'fit ~ ~`l:.i ~ ~~.~~,~ .. ..r~~ai .~_,~ r~~_.tf 4~~~~t'~~ ~~~.r~ii~;~s that t~~W~ ~trit.rn~n§.s z~~~ ~~-~ t~~e -~f~ ~ ~;~,a• .~€,~,ti .;"~~ 'i'i` "Elf iiE°4,,•{., ,~y1 ~~~ YS"I'~~ ~ C9(ttu'~t`!,:}S'l'. 1T~~i€~Yt1'sF9Sl;~~t (~vls~ ~~,,j~i.t" ~ ; "(<i , SSI~`iE``, i1="' t,'iiS i.' ~,.7Si~l.''',::t If) ~~l<,' ~"7£'I1i1~tIC:`~+ fis iri's' ~,:a. i~ ~. ~ ,}f?~~~, t. ~t'ti GLENDALE MANAGEMENT COMPANY II, Plaintiff v. TRUE GREEN HOMES, LLC, t/d/b/a HOTEL CARLISLE, and DINESHCI-IANDRA G. PATEL, Defendant Case No. 2012-05188 Civil Action -Equity CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Answer was served upon Plaintiff s counsel of record, by first class mail, addressed as follows Seth T. Mosebey, Esquire Martson Law Offices 10 East High Street Carlisle, PA 170] 3 Attorneys for Plaintiff i Dated: , ~ ' i~ ~ ~~~ /; L.l..~~ C < ~'~ ~ ~ ~_~~ r ._ ___~ Alicia A. Blankenship, Esy.' __.~ Gates, Halbruner, Hatch & Guise. P.C. 1013 Mumma Road, Suite l 00 Lemoyne, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 Attorneys,for Defendants 6