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by gore range
[Today at 07:08:48 PM]
Tell us how you hated 8 years of OBAMA and less than 2 years of TRUMP...
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[Today at 03:56:30 PM]
* CLP REPORT *
by gore range
[Yesterday at 11:34:25 PM]
....bang bang....
by gore range
[September 26, 2018, 04:55:42 PM]
Sad day
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[September 17, 2018, 06:50:14 PM]
No Topic. Anything Goes.
by NightmarePatrol
[September 12, 2018, 02:39:09 PM]

Author Topic: * CLP REPORT *  (Read 2498063 times)

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clp_lives

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Re: * CLP REPORT *
« Reply #11205 on: February 27, 2018, 01:54:02 PM »
Thanks, you just confirmed the debt did not occur until 2017 when a judgement was made.  Even when the list was amended in Jan, 2015 it still was not a debt.


The debt was not there in 2015 so again how are you expected to file before it existed?


Well, if memory serves, the entire Beach Club insurance drama started August 23, 2013 when the first suits were filed. That in turn led to the County Court placing the funds into an escrow account.

On December 4, 2014 the Trustee's filed for Chapter 11 Bankruptcy Protection.

The park provides documentation of the fact that it advertised for creditors to join/identify to be listed in the case and that PR, at that time, did not file as a creditor. In hindsight, PR probably should have filed at that time in the event that the pending court case did not go their way. The only way for PR to be added after that date would have been for the Debtor to submit an amended disclosure of debt, which it ultimately did around January 23, 2015. PR was not a part of that submission. If it had, it would have been moved to the back of the line as newer incurred debt.

On February 13, 2015 the Bankruptcy Court agreed to take over jurisdiction of the insurance at the request of both parties.

As everyone now knows, on an opinion of first impression - establishing a precedent on the issue - the US District Court of Appeals awarded the taxing authorities the entire insurance payment on May 3, 2017.

On August 16, 2017 the Crawford County Treasurer reported that the taxing authorities debt had been discharged and that the court had approved release of the insurance funds from the escrow account on September 8, 2017.
 
So now the questions are these:
1) Since the date of origination of the insurance proceedings was established before the bankruptcy filing, should PR be treated as a non enjoined creditor?
2) Since the decision of the Court of Appeals occurred after the filing date of the bankruptcy proceedings, should PR be recognized as a post filing creditor and allowed to pursue the debtor unencumbered by the bankruptcy court restrictions or discharge?
3) Should the debtor have to submit an amended accounting of their debts to include PR as a result of the post filing court decision?
4) Did PR sacrifice status as a creditor in all circumstances since it did not come forward and claim that status, or possibly reserve it, at the outset?

There are more, but those seem to be the easiest to explain in layman's terms.

The biggest issue is the funds they are trying to pursue were involved in a discharge. That should have screamed caution and proceeding a bit slower.

As one of the papers on this issue states: "Violate the Discharge Injunction at Your Own Peril and that of your Client’s." Do your due diligence first.

As stated previously - there may be some very interested eyes watching this hearing.
[/]

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gore range

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Re: * CLP REPORT *
« Reply #11206 on: February 27, 2018, 02:29:28 PM »
....for the newer readers, below, a press photo of partners in Park Restoration Limited Liability Corporation (L) Greg Sutterlin, (R) Steve Povovich "discussing the state of disrepair st Conneaut Lake Park", March 7, 2013 -


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Acctool

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Re: * CLP REPORT *
« Reply #11207 on: February 27, 2018, 05:18:30 PM »

ACCTOOL
: Where have you been?




That about sums it up  ;)
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The Wraith

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Re: * CLP REPORT *
« Reply #11208 on: February 27, 2018, 11:16:58 PM »
Thanks, you just confirmed the debt did not occur until 2017 when a judgement was made.  Even when the list was amended in Jan, 2015 it still was not a debt.


The debt was not there in 2015 so again how are you expected to file before it existed?


Well, if memory serves, the entire Beach Club insurance drama started August 23, 2013 when the first suits were filed. That in turn led to the County Court placing the funds into an escrow account.

On December 4, 2014 the Trustee's filed for Chapter 11 Bankruptcy Protection.

The park provides documentation of the fact that it advertised for creditors to join/identify to be listed in the case and that PR, at that time, did not file as a creditor. In hindsight, PR probably should have filed at that time in the event that the pending court case did not go their way. The only way for PR to be added after that date would have been for the Debtor to submit an amended disclosure of debt, which it ultimately did around January 23, 2015. PR was not a part of that submission. If it had, it would have been moved to the back of the line as newer incurred debt.

On February 13, 2015 the Bankruptcy Court agreed to take over jurisdiction of the insurance at the request of both parties.

As everyone now knows, on an opinion of first impression - establishing a precedent on the issue - the US District Court of Appeals awarded the taxing authorities the entire insurance payment on May 3, 2017.

On August 16, 2017 the Crawford County Treasurer reported that the taxing authorities debt had been discharged and that the court had approved release of the insurance funds from the escrow account on September 8, 2017.
 
So now the questions are these:
1) Since the date of origination of the insurance proceedings was established before the bankruptcy filing, should PR be treated as a non enjoined creditor?
2) Since the decision of the Court of Appeals occurred after the filing date of the bankruptcy proceedings, should PR be recognized as a post filing creditor and allowed to pursue the debtor unencumbered by the bankruptcy court restrictions or discharge?
3) Should the debtor have to submit an amended accounting of their debts to include PR as a result of the post filing court decision?
4) Did PR sacrifice status as a creditor in all circumstances since it did not come forward and claim that status, or possibly reserve it, at the outset?

There are more, but those seem to be the easiest to explain in layman's terms.

The biggest issue is the funds they are trying to pursue were involved in a discharge. That should have screamed caution and proceeding a bit slower.

As one of the papers on this issue states: "Violate the Discharge Injunction at Your Own Peril and that of your Client’s." Do your due diligence first.

As stated previously - there may be some very interested eyes watching this hearing.
[/]


You obviously did not read the entire thing. If it is determined that the original date of filing in the county court is to be applied, that would make the award pre bankruptcy. Let us just wait to see what the law dictates.

Edit add: "
If the plan is confirmed, its terms and conditions will be binding on all creditors, all security holders and all share holders unless the plan or confirmation order provides to the contrary.  Unless the plan is a liquidation plan, a corporate debtor will be discharged from all liabilities and the discharge will be effective as to each claim regardless of whether the holder of a particular claim filed a proof of claim, whether the claim is allowed by the Bankruptcy Court, or whether the holder of the claim voted to accept the plan, provided that the holder of the claim had knowledge of the Chapter 11 case and the deadline for filing claims.  Except as provided in the plan or the confirmation order, upon confirmation the debtor will be revested with all its property free of the claims and interests or creditors, equity security holders, and general partners. "
« Last Edit: February 28, 2018, 02:00:51 PM by The Wraith »
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gore range

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Re: * CLP REPORT *
« Reply #11209 on: March 01, 2018, 09:58:08 AM »
For newer readers, from the archives, a bit of historical perspective on some of the varied dynamics between Trustees of Conneaut Lake Park Inc. and Park Restoration Limited Liability  Corporation: 

February 26, 2013
Lease lawsuit idle after lack of court order
By Keith Gushard Meadville Tribune
   A new lawsuit wants Crawford County Court of Common Pleas to order the operator of Conneaut Lake Park to sign a notarized long-term lease and management agreements with the operator of Conneaut Lake Park’s Hotel Conneaut and the Beach Club.
   However, no proposed court order was attached to the civil suit filed on behalf of Park Restoration LLC in the Crawford County Prothonotary’s Office on Friday — leaving the suit idle for now.
   Under local county court rules, a proposed court order is necessary by the party filing suit in order to get the item in front of one of the county’s judges. Without a proposed court order asking the court for action, the matter can’t go forward, according to officials in the prothonotary’s office.
   In 2008, Park Restoration, operator of Hotel Conneaut and the Beach Club, signed long-term agreements with Trustees of Conneaut Lake Park, the private non-profit corporation that oversees the public trust that owns the amusement park, but those documents weren’t notarized, according to the lawsuit filed on behalf of Park Restoration.
   Under Pennsylvania law, without signed and notarized copies, the lease documents won’t be accepted for recording by the Crawford County Recorder of Deeds Office, according to the lawsuit filed by Park Restoration.
   Park Restoration didn’t have an attorney at the time of the agreement signings in 2008 and “mistakenly believed that a witnessed document could be recorded in the Recorder of Deeds Office of Crawford County,” according to the suit.
   The suit claims the absence of a notary’s attestation on the agreements was either a mutual mistake by Park Restoration and the Trustees, or a mistake by Park Restoration that was known by Trustees at the time.
   On July 28, 2008, Park Restoration signed a 30-year lease agreement with Trustees for operation of Hotel Conneaut, the amusement park’s hotel, according to the suit. On Nov. 24, 2008, Park Restoration signed a 20-year management agreement with Trustee for operation of the Beach Club, a night club at the park, and a 49-year commercial lease agreement for two properties known as State Route 618 Property and McClure Home Property.
   In its suit, Park Restoration said the documents need to be recorded since it is involved in restoring the Hotel Conneaut, Beach Club and McClure properties. Whenever Park Restoration applies for financing, a prospective lender inquires why the agreements are not recorded, according to the suit.
   Recording is needed to protect Park Restoration’s financial interests since the Conneaut Lake Park properties may be subject to a tax sale later this year for more than $850,000 in delinquent real estate taxes, according to the suit.
   The suit claims Park Restoration has invested more than $1 million in renovations and restoration of the properties.
   Park Restoration would “suffer irreparable harm if the property at issue is sold at a tax sale and the third party purchaser has no notice of the existence of Plaintiff’s (Park Restoration’s) leasehold interests,” the suit claims.
   The suit alleges a third party purchaser of Conneaut Lake Park at a tax sale could successfully argue that it isn’t bound by any of the leases since there is no existence of them in the county’s public records.
   Tribune phone and email requests for comment on the suit from Trustees of Conneaut Lake Park were unanswered Monday.
   The lawsuit filing by Park Restoration is the latest salvo between Park Restoration and Trustees of Conneaut Lake Park.
   Last week, officials of Park Restoration launched a public campaign claiming the board of trustees that oversees Conneaut Lake Park isn’t doing its job and needs to be replaced. The Trustees of Conneaut Lake Park has been in charge of the park since 2007.
   In electronic mailings and posting on Facebook, Greg Sutterlin of Conneaut Lake and Steve Popovich of Harmonsburg of Park Restoration said, “The current board has proven to be incapable of preserving the assets of the trust. No business plan, no public meetings, no accountability and no ability to get anything done.”
   In a statement emailed last week in response to the public call for the ousting of the board of trustees, Brian Pulito, attorney for Trustees of Conneaut Lake Park, said the “trustees feel it is more appropriate to handle the issues between Park Restoration and the trustees privately as they are matters of business and not public opinion.”
   Pulito also said trustees still are in negotiations with Crawford County officials to resolve the amusement park’s back tax issue.
   The park is a charitable public trust that was formed in 1998 with the aid of the Pennsylvania Office of Attorney General. It has been under control of Crawford County Court of Common Pleas since then. The park’s 15-member board of trustees was appointed by Crawford County President Judge Anthony Vardaro in 2007.
   Last week, Dennis Fisher, spokesman for the Pennsylvania Office of Attorney General, said the office was aware of the public call for the ouster of the board, but the Attorney General’s Office policy was “not to comment on matters of this nature.”

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gore range

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Re: * CLP REPORT *
« Reply #11210 on: March 01, 2018, 09:58:39 AM »
February 28, 2013
Call for New Board of Trustees for Conneaut Lake Park 
By Paul Wagner WSEE TV
The owners of a company that operates Conneaut Lake Park's Beach Club and Hotel Conneaut are publicly calling for the removal of the park's court appointed board of trustees.
    The two developers who've leased the properties since 2009 feel the trustees have  failed to improve the park. And with $850,000 in back taxes, they're worried the park could be sold at auction to pay the debt.
    Greg Sutterlin and Steve Popovich say they have invested about $1 million into the hotel and club.  But they say the board has failed to keep up and improve the grounds and attractions, hurting their bottom line. They feel the only way to get the park on the right track is entirely new leadership. Sutterlin said, "We'd like to see an entirely new board. The board has prove itself not to be capable of making any good decisions. What made this come to a head was the inability to pay any taxes and not  paying any taxes in the past 4 years."
   In a statement to WICU-WSEE, Brian Pulito, attorney for the board said, "The trustees feel it is more appropriate to handle the issues between Park Restoration and the trustees privately as they are matters of business and not public opinion. In the meantime, the trustees continue to work with county officials  in working the kinks out of the plans that address the taxes. This too, at this juncture is in negotiation and therefore the details cannot be divulged at this time."

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gore range

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Re: * CLP REPORT *
« Reply #11211 on: March 01, 2018, 09:59:11 AM »
March 16, 2013
Conneaut Lake Park condition still sparks debate  By Valerie Myers, Erie Times-News 
   Conneaut Lake Park is showing its age. Sidewalks and pavement along the midway of the 121-year-old park have been lifted and cracked by tree roots, and there's a foot-long hole at the foundation of the gift shop.
A building at one end of the midway has crumbled; only its facade still stands.
   The condition of the park, opened as Exposition Park in 1892, is at the center of a debate about who should restore it. Operators of the park hotel and Beach Club said they should be able to restore and operate the entire park, including the amusement rides, but their proposals have been refused by trustees. Greg Sutterlin and Steve Popovich, of Park Restoration LLC, have mounted an online campaign urging the state attorney general to remove park trustees and appoint new caretakers.
   "The only way this will work is if the park is one entity, with Hotel Conneaut and Beach Club revenues used to fuel restoration of the park area," Mr. Sutterlin said.
   The condition of Conneaut Lake Park shows that trustees aren't doing their job, Mr. Popovich said. "It's an eyesore," he said. "Who wants to bring their family to a park that looks like this?"
   Cosmetic improvements haven't been a priority, said Jack Moyers, president of the park's court-appointed board of trustees.
   Putting in a new $350,000 water treatment system for the park, paying down park debt, and restoring rides have been priorities instead, Mr. Moyers said.
   Conneaut Lake Park has been operated as a public trust since 1998, when former owner Gary Harris deeded the park to a volunteer board of trustees.
   Current trustees, appointed in June 2007 by Crawford County Court Judge Anthony Vardaro, inherited control of a cash-strapped park that had failed to open that season. "We started with $840 in hand, $3 million in debt and no electricity on most of the property, in bad economic times," Mr. Moyers said.
   Trustees opened and operated the Beach Club that summer and also opened park grounds for the community's 2007 Pumpkin Fest. They pieced together poor financial records, researched liens against the park, and promoted the park to companies that might operate it, Mr. Moyers said.
"We tried to lease out the park as a whole, and had three or four companies come up and look at the park. But that was in 2008, when the economy was starting to spiral, and we really couldn't find anybody to take it on," he said.
   Trustees instead leased the Beach Club and Hotel Conneaut to Park Restoration LLC and leased ride operations to amusement companies, including the current lease holder, Adams Amusements. The company restored the Blue Streak and reopened the ride in summer 2011. The wooden roller coaster had been closed due to disrepair since fall 2006. Trustees helped raise money for the work.
   Trustees are looking for new revenue opportunities and new ways to engage volunteers, Mr. Moyers said.
   He said trustees are confident that, with the public's help, the park in time will be fully restored and fully profitable.
   "We have to believe that, or else we'd just all take our balls and go home," he said. "We know what the park was, and we know what it can be, even if it feels at times like we're building a business from bare bones with no resources except a lot of begging."
   Park Restoration LLC has applied to trustees to operate park rides, improve the midway and repair crumbling or closed attractions, including Splash City, the park's water park area, which has been closed since 2009. The group has been turned down each time, Mr. Sutterlin said.
   "Everything in this park can be saved, but you need to do it before it's too late and everything has to be rebuilt," he said.
"Instead, it just gets worse every year," Mr. Popovich said.

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gore range

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Re: * CLP REPORT *
« Reply #11212 on: March 01, 2018, 10:01:37 AM »
MAY 03, 2013
Operators not 'amused' by Conneaut Lake Park's finances
By Keith Gushard, Meadville Tribune
   While a plan has yet to come forward on how Conneaut Lake Park will resolve hundreds of thousands in back taxes owed to area governments, business operators at the amusement park worry about the potential fallout from negative publicity about the lack of a repayment plan.
   “I have to know what’s going on so I can plan on my next investment,” Leonard Adams, owner of Adams Amusements, said Thursday.
   Adams Amusements has a lease with Trustees of Conneaut Lake Park to operate rides at the amusement park. “I’ve put in more than a half million dollars in the last three years,” Adams said.
   Trustees of Conneaut Lake Park is a corporation that oversees the public trust that owns the 121-year-old amusement park in western Crawford County. It has been in charge of the park since 2007.
   As of Tuesday, Trustees of Conneaut Lake Park owes $877,168.24 in back taxes and interest to the Crawford County, Conneaut School District and Sadsbury and Summit townships, according to figures from the Crawford County Treasurer’s Office. The overdue taxes and interest date back to 1997, according to the Treasurer’s Office.
   All three Crawford County commissioners, Francis Weiderspahn Jr., Jack Lynch and C. Sherman Allen, have said a plan needs to be presented or the park’s real estate may be sold for back taxes at the annual tax delinquency sale in September.
   At the April 18 meeting of Crawford County Board of Commissioners, Ted Watts, the county’s attorney, said negotiations were continuing with Trustees of Conneaut Lake Park on the tax issue and a plan possibly could be presented at the commissioners’ May 2 meeting. No such plan from Trustees of Conneaut Lake Park was presented at the commissioners’ meeting Thursday.
   Questioned following Thursday’s meeting, both the commissioners and Watts said nothing has been put forth by the Trustees.
   “I’ve got nothing,” Weiderspahn, chairman of commissioners, said.
   “I’ve not received anything,” Watts said.
   It’s that lack of a repayment plan from Trustees of Conneaut Lake Park and the threat of a delinquent tax sale that trouble businesses that lease at the amusement park.
    “I’m really in the dark,” Adams said, noting he plans to be ready when the amusement park opens for the season on May 24, the Friday before Memorial Day. Adams said he plans to operate all season.
   Greg Sutterlin, a principal in Park Restoration LLC, is also unsettled about the lack of a tax repayment plan from Trustees of Conneaut Lake Park.
   “I’m definitely concerned over the negative aspects of Trustees not paying the taxes,” Sutterlin said Thursday.
   Sutterlin and Steve Popovich are the principals in Park Restoration LLC, which operates the Hotel Conneaut and Beach Club nightclub under a lease agreement with the trustees. Park Restoration has been operating and restoring the two properties for more than four years.
   “Short-term, not paying the debt is creating an amount of negative publicity,” Sutterlin said. “Long-term, it may be a positive for us because we’d get new leases and a new landlord.”
   Park Restoration LLC has submitted a proposal to Trustees of Conneaut Lake Park to have Park Restoration not only pay real estate taxes for the entire amusement park property, but also reopen several other areas including the water park, the Jungle Cruise area, the building hosing the Ultimate Trip ride and the park’s convention hall, Sutterlin said.
   “That would bring in additional revenue and help repay the taxes,” Sutterlin said.
   “We have issues we’re still trying to work out,” Brian Pulito, attorney for Trustees of Conneaut Lake, said    Thursday. “We’re trying to figure out how to address them so we can present a unified front (on the back tax issue).”
   One issue is resolution of a lawsuit over long-term lease agreement between Trustees of Conneaut Lake Park and Park Restoration, Pulito said. He refused to elaborate what other issues remain between Park Restoration and Trustees of Conneaut Lake Park.
   In Feburary, Park Restoration filed suit against Trustees of Coinneaut Lake Park in Crawford County Court of Common Pleas over the long-term lease matter.
   The lawsuit by Park Restoration claims that in 2008 Park Restoration signed long-term lease agreements with Trustees of Conneaut Lake Park for both the Hotel Conneaut and Beach Club, but those documents weren’t notarized.
   Under Pennsylvania law, without signed and notarized copies, the lease documents won’t be accepted for recording by the Crawford County Recorder of Deeds Office, according to the lawsuit.
   Park Restoration didn’t have an attorney at the time of the agreement signings in 2008 and “mistakenly believed that a witnessed document could be recorded in the Recorder of Deeds Office of Crawford County,” according to the suit.
    In its suit, Park Restoration claims the documents need to be recorded since it is involved in restoring the Hotel Conneaut, Beach Club and McClure properties. Whenever Park Restoration applies for financing, a prospective lender inquires why the agreements are not recorded, according to the suit.
   The suit claims Park Restoration has invested more than $1 million in renovations and restoration of the properties.
   A proper recording is needed to protect Park Restoration’s financial interests since the Conneaut Lake Park properties may be subject to a tax sale later this year for more than $850,000 in delinquent real estate taxes, according to the suit.
   Weiderspahn, chairman of county commissioners, said Thursday a delinquent real estate tax sale of the Conneaut Lake Park properties could happen this year.
“We have until August to decide,” Weiderspahn said of putting the Conneaut Lake Park properties on the annual delinquent tax sale in September. “As far as I’m concerned, that’s certainly a possibility.”
   Keith Gushard can be reached at 724-6370 or by email at kgushard@meadvilletribune.com.
Did you know?
   Trustees of Conneaut Lake Park is a charitable public trust that was formed in 1998 with the aid of the Pennsylvania Office of Attorney General. The park was been under control of Crawford County Court of Common Pleas since then. The park’s 15-member board of trustees was appointed by Crawford County President Judge Anthony Vardaro.

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gore range

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Re: * CLP REPORT *
« Reply #11213 on: March 01, 2018, 10:02:08 AM »
August 07, 2013 
Beach Club benefit set
by Andy Alm, palive365.com
A new Beach Club by spring of 2014.  That’s the plan of Greg Sutterlin and Steve Popovich, of Park Restoration, LLC. 
   Sutterlin tells us efforts have already begun to raise money to replace the iconic Conneaut Lake Park hangout, which burned to the ground in a massive Thursday morning fire.
   According to Sutterlin, a benefit will be held next month to help raise funds for the new building.
   Dubbed Rock to Rebuild, the three day concert weekend is set to happen September 13th, 14th, and 15th and will feature forty bands, many of which have been regulars at the Beach Club in years past. 
   Sutterlin says his insurance policy on the property will cover most of the 800-thousand to 1 million dollars needed to rebuild the beach club, but the extra money raised will help.
   He says the park’s Board of Trustees had no insurance policy of their own on the property, which Sutterlin leases.
“Two of the three most valuable assets to the park have burned down.  You’d think they would have learned their lesson,” Sutterlin said, referring to the Dreamland Ballroom, Beach Club, and Hotel Conneaut.
   The event is being organized by JT Marketing Promotions.
Meanwhile fire investigators still have yet to pin down a cause.  The investigation is ongoing.


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gore range

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Re: * CLP REPORT *
« Reply #11214 on: March 01, 2018, 10:02:56 AM »
April, 23 2014
The men behind Park Restoration LLC have gone separate ways
ERIE ABC Jet 24 TV

   Greg Sutterlin and Steve Popovich managed Park Restoration, the company that leased and operated the Beach Club from the Conneaut Lake Park Board of Trustees.
   Sutterlin confirmed today that his partner, Steve Popovich, decided to step away from the business and focus on his career in construction and his family.
   Sutterlin says he still has plans to re-build the beach club after it burned to the ground in August of 2013.
   He says they will build a temporary spot to serve beverages at the beach and they will lease The Palms that has been re-named to Off the Beach Club.

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gore range

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Re: * CLP REPORT *
« Reply #11215 on: March 01, 2018, 10:03:25 AM »
April 24, 2014 
Shed Down Under set to replace burned Beach Club at Conneaut-Lake-Park, by Jane Smith, Meadville Tribune
   Greg Sutterlin has moved a storage trailer onto the site where the Beach Club once stood and plans to operate it this summer as the “Shed Down Under” — replacing the Down Under Bar that burned when the Beach Club burned last summer.
   Sutterlin knows he needs a permit for that work, which he did not obtain from Summit Township before moving the trailer on site. But, he said his architect is working with the Middle Department Inspection Authority to get the approval needed from the township and state. He’s confident that won’t be a problem. He has completed paper work with the Pennsylvania Liquor Control Board as well.
   Sutterlin did not get approval from the Trustees of Conneaut Lake Park to put the trailer on the site, according to Jack Moyers, chairman of the Trustees. Trustees of Conneaut Lake Park is a corporation that oversees the public trust that owns the park. The Trustees have been in charge of the park since 2007.
   In the meantime, he said, he needed to be “pro-active” to get the work done before Memorial Day.
   “We knew we had to get moving,” Sutterlin said, adding Memorial Day, May 26, is just a little over a month away. “It’s a temporary stand for the purpose of providing some continuity to the Beach Club, to the park, boaters and people who visit the area,” to be able to purchase alcoholic and non-alcoholic beverages, he said of the new structure.
   Sutterlin said the architect and the Middle Department officials “have been going back and forth in discussions,” adding it will be similar to a “pole barn structure.” He’s confident that the “approval will be forthcoming,” adding “I don’t feel there will be any zoning issues.”
   The time constraints needed for preparation are what prompted Sutterlin to move the structure on site and begin the work, he said. He did not intend to be ignorant of the permit requirement.
   State law is that anybody who doesn’t get a building permit before starting work is subject to fines of up to $1,000 a day, according to Lane Wolf of the MDIA. Wolf said it would be up to the district magisterial judge what the fine would be. Cindy McCoy, Summit Township secretary, said she had received no application. Summit Township Attorney William Walker said Wednesday afternoon he had just learned about the issue and didn’t have specifics.
   Walker agreed the fine could be up to $1,000 a day and said he believes in all likelihood it would be the township that would file action against Sutterlin. But, he added, since he doesn’t have enough information about the situation, he could not comment about what may happen. He said Sutterlin does have to follow the law.
   In the meantime, Sutterlin has leased The Palms on Route 618 just outside the park and is calling it “Off the Beach...club” and has contracted entertainment for that site — as a substitute for the burned-out Beach Club — until a new structure can be built. The kickoff for the summer, “Wake the Lake,” is May 17 at the new site as well.
   Sutterlin’s goal is to provide entertainment and a facility where people can go and recapture some of the memories and enthusiasm from the Beach Club operation.
   Entertainment on May 17 includes Thunderstruck, described as an “AC/DC concert experience.”
   In addition to the new “Shed Down Under” and the “Off the Beach...club,” Sutterlin also has another venue for special entertainment — the Convention Center at Conneaut Lake Park. He said he has leased the convention center from the Trustees of Conneaut Lake Park and is signing entertainment for that site as well.
   The first concert there is Buckcherry, a hard rock band, on May 26. Bret Michaels, another popular hard rock singer, returns to the area for another concert on Aug. 10.
   But, Sutterlin isn’t just booking hard rock concerts.
   “We are mixing it up,” he said. Two country bands are booked as well. The first is Dustin Lynch on July 4 and the second one, Rodney Atkins, is scheduled to perform on Aug. 23. Both country concerts are at the convention center.
   Sutterlin is the sole operator of Park Restoration now that he and his partner, Steve Popovich, had “parted ways,” Sutterlin said. Sutterlin added that he and Popovich get along well, but Popovich wanted to concentrate on his construction business and his family. Park Restoration Inc. has long-term leases with the Trustees of Conneaut Lake Park for operation of the Beach Club and Hotel Conneaut.
   Those leases continue to be in effect. Moyers said recently that the Trustees leases are with Park Restoration and the split will have no bearing on them.
   The Trustees and the Economic Progress Alliance of Crawford County are currently in talks to possibly create a new board to try and save the 120-year-old amusement park from a September tax sale for more than $900,000 in back taxes. Sutterlin said he is confident that he can work with a new board — should it be seated.

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Re: * CLP REPORT *
« Reply #11216 on: March 01, 2018, 10:04:09 AM »
October 01,2015
Hotel Conneaut owners fighting over whether company can seek bankruptcy protection
By Keith Gushard Meadville
   The owners of Park Restoration LLC, the operator of Hotel Conneaut at Conneaut Lake Park amusement park, are fighting over whether the company can seek Chapter 11 bankruptcy protection with U.S. District Court.
   Steven Popovich, an equal partner in Park Restoration LLC, filed a motion on Wednesday to have the court dismiss Park Restoration LLC's Chapter 11 filing because it was done without Popovich's permission, according to John Mizner, Popovich's attorney.
   Park Restoration's initial bankruptcy filing with U.S. District Court in Erie on Sept. 16 was done by Greg Sutterlin, who is an equal partner in Park Restoration LLC with Popovich, according to Mizner.
   "The filing of bankruptcy was unlawful as it was filed without the permission of one of the two members of Park Restoration and was filed in bad faith so that Mr. Sutterlin could avoid any accountability to the other member of the Park Restoration LLC and the Court of Common Pleas of Crawford County," Mizner wrote in an email to the Tribune on Wednesday.
   Park Restoration LLC has operated the Hotel Conneaut since November 2008 under a 30-year lease with Trustees of Conneaut Lake Park, the nonprofit corporation that oversees operations at Conneaut Lake Park.
   The initial filing for Park Restoration estimates assets at less than $50,000 and its list of creditors holding the 20 largest unsecured claims totaling $473,590.06.
According to the motion to dismiss Park Restoration's Chapter 11 filing, the company is a Pennsylvania limited liability company formed Feb. 6, 2009, with Popovich and Sutterlin each holding a 50 percent interest in the firm. The filing claims Sutterlin has operated Park Restoration to the exclusion of Popovich since April 2014 and not provided Popovich with any information about Park Restoration's operations. "Because the petition was filed without the consent of Mr. Popovich, it was not duly authorized by the company as required by the Pennsylvania limited liability company law and, therefore, this honorable court lacks jurisdiction over the petition," according to the filing.
   The filing claims that even if U.S. Bankruptcy Court has jurisdiction, "Mr. Sutterlin filed the instant petition for the improper purpose of preventing Mr. Popovich from pursuing an action in the (Crawford County) Court of Common Pleas to obtain information about the ongoing operations of Park Restoration."
     A hearing on the dismissal petition is scheduled for Oct. 27 before Chief Judge Jeffery Deller of U.S. Bankruptcy Court for Western Pennsylvania.

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Re: * CLP REPORT *
« Reply #11217 on: March 01, 2018, 10:04:46 AM »
January 10, 2015
Hotel Conneaut has financial troubles in common with amusement park
By Bill Vidonic, Triblive.com 
   Historic Hotel Conneaut is one of the last attractions inside the Conneaut Lake Park, which has fallen on hard times in recent years.
   The hotel offers a serene view from just along the lakeshore, and it's a popular spot for weddings. Weddings, though, attract guests mainly on weekends.
   “Some weeks, we're very busy, and some weeks, we're not,” said Greg Sutterlin, head of Park Restoration LLC, the hotel operator.
   Concerns have surfaced over the century-old hotel's finances and what role they could play in revitalizing the bankrupt amusement park. Park Restoration and the trustees who oversee the park disagree over whether bills have been paid, whether hotel rent is due and who owes what for sewer service.
   “The relationship has been strained for a long time,” said Mark Turner, head of the park's board of trustees and executive director of Economic Progress Alliance of Crawford County, which took over park operations in May. “This is a bad situation that we inherited.”
   All business relationships, including that with Park Restoration, will be closely examined as part of a Chapter 11 bankruptcy reorganization, Turner said.
   “We've invested more than $1 million into the hotel” since taking over in 2009, said Sutterlin. “I would certainly hope they couldn't even begin to consider (terminating the lease) as an option.”
   Turner said the hotel hasn't made payments called for by its lease.
   The lease, which began in 2009 and runs until 2038, states that Sutterlin must pay 10 percent of gross sales at the hotel, or a minimum $18,000 a year, and required revenue reports, Turner said.
   He said he received a $3,500 lease payment from Sutterlin in September and none in 2014 or since the beginning of the year.
   Sutterlin provided copies to the Tribune-Review of uncanceled checks made out to the trustees for a $4,500 lease payment on Nov. 10, and a $2,000 payment on Jan. 5.
   Sutterlin added that he's willing to give nearly $250,000, his share of insurance proceeds from the 2013 fire at the park's Beach Club, toward the park debt.
   In October, the Conneaut Lake Municipal Authority filed a $23,238 lien against the land housing the hotel, saying either trustees or Park Restoration owes money for sewer service between July 1, 2011 and June 30, 2014.
   Park Restoration has had an agreement since 2009 to pay $432,000 owed to the municipal authority as an alternative to paying rent, Turner said, but the company hasn't been making payments.
   “I'm not paying that, frankly, because of this possible tax sale,” Sutterlin said, referring to a possible sale of the park property for unpaid taxes.
   Sutterlin said he's been concentrating more on making lease payments in recent months, but that the company has paid about $121,000 toward the authority debt.
   Sutterlin and his estranged business partner, Steve Popovich, half-owner of Park Restoration, are also mired in a court battle, with Popovich demanding a full financial accounting of the business.
   In court documents, Sutterlin said that Popovich's wife, Joyce, undercharged for some weddings, leading to losses.
   “I can tell you we strenuously disagree with any such characterization,” said the Popoviches' attorney, John Mixner of Erie. “Wedding planning done by the Popoviches was very well received by brides, grooms and the guests they served.”
   He added, “Litigation will shake out the finances of this whole situation.”
   Deanna Polaski, formerly of Beaver County and now living in Tucson married husband Trevor in August, with a reception at the hotel.
   “They handled it very professionally for us,” Polaski, formerly of Freedom, said. “They did a phenomenal job.”
   Turner said he hasn't taken a stance on what should happen with Park Restoration as the hotel operators. Attorneys have until Jan. 30 to file documents in federal bankruptcy court in Erie as to the park's financial picture. A preliminary estimate is that the park owes creditors, including four taxing bodies, more than $2.5 million in back taxes and other debt.
   Part of restoring the park's financial health could include selling some prime lake-front property, Turner said.
   “That's an absolutely critical and central part of any strategy to move forward,” Turner said. “The real estate has tremendous value.”

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Re: * CLP REPORT *
« Reply #11218 on: March 01, 2018, 10:06:11 AM »
OCT 28, 2015
Ousted Hotel Conneaut operator considering court fight to get hotel back
By Keith Gushard, Meadville Tribune
One of the former operators of the Hotel Conneaut is vowing to regain control of the property.
   Greg Sutterlin, a partner in Park Restoration LLC, said today he is in consultation with attorneys regarding Park Restoration's ouster as operator of the Hotel Conneaut at Conneaut Lake Park.
   Tuesday afternoon, the Hotel Conneaut was shut down and Park Restoration LLC removed as the hotel's operator by Trustees of Conneaut Lake Park, the nonprofit corporation that oversees the amusement park's operations. Padlocks and no trespassing signs were put on Hotel Conneaut by Trustees personnel.
   In making the move to oust Park Restoration on Tuesday, Mark Turner, executive director of Trustees, cited Park Restoration owing Trustees than $140,000 in outstanding bills on various lease agreements and utilities. Until Tuesday, Park Restoration had been operating the Hotel Conneaut, the former Beach Club which burned on Aug. 1, 2013, and two other properties, under long-term lease agreements with Trustees of Conneaut Lake Park. Those agreements dated back to 2008.
   Sutterlin said the action taken by Trustees was unjustified.
   "We believe Trustees, in the breaking of our lease agreement, did so without any just cause," Sutterlin said Wednesday afternoon. "These statements (by Trustees) are believed to be false, slanderous and are affecting our business. If there are monies owed, which we believe not to be true, it needs to be proven in court."
   Asked if Park Restoration planned to take court action, Sutterlin said the company was consulting with its attorneys and would "take appropriate action."
   Sutterlin declined to comment on what "appropriate action" the company make take.

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Re: * CLP REPORT *
« Reply #11219 on: March 01, 2018, 10:06:55 AM »
December 24, 2017
Trustees drop lawsuit against former Beach Club operator
by Keith Gushard Meadville Tribune

   Trustees of Conneaut Lake Park has dropped a law suit filed against the former operator of The Beach Club night club for an Aug 1, 2013, fire that destroy the property.
   At its meeting this week, Trustees voted to 6-0 to drop a lawsuit filed against Park Restoration LLC because the bulk of the insurance proceeds from the fire were used to delinquent taxes owed on the club by Conneaut Lake Park. Board member Joan Kozlowski was absent from the meeting.
   In 2016, Trustees of Conneaut Lake Park, the non-profit corporation that oversees the amusement park operations, sued Park Restoration LLC in U.S. Bankruptcy Court for breach of contract and damages. Park Restoration was operating the club under a long-terms  with Trustees.
   The suit was filed in U.S. Bankruptcy Court in Western Pennsylvania because Trustees of Conneaut Lake Park is in Chapter 11 bankruptcy.
   Park Restoration had leased the Beach Club since 2008 from Trustees. Trustees sought damages based on the replacement value of the night club was estimated as  much as $1,978,375, Park Restoration had taken out a $611,000 fire insurance policy on the Beach Club property even though it didn't own the property.
   Earlier thus year the Third Circuit U.S. Court of Appeals ruled the bulk of the $611,00 of the insurance money --- about $400,000 --- goes to the Conneaut School District and Sadsbury and Summit townships to cover delinquent property taxed owed on the club by Conneaut Lake Park.
   In a ruling last week, Chief Judge Jeffery Deller of U.S. Bankruptcy Court for the Western District of Pennsylvania found Trustees of Conneaut Lake Park did not prove it had sustained a loss from the Beach Club fire.
   The $622,000 pre-fire value of the Beach Club was agreed upon by both Trustees and Park Restoration at a trial before Deller.
   An appraiser hired by Trustees of Conneaut Lake Park had put the value of the vacant lakefront land at $35,000 based on its size of 0.41 acres and  comparable property sales while and appraiser hired by Park Restoration testified the vacant post-fire property had a fair market value of $670,000 based on the value of $3,000 per lakefront foot.
   Deller ruled Trustees of Conneaut Lake Park presented the court “with no credible evidence on which it could conclude without speculation” that the Beach Club property's value as a vacant lot after the fire was less than its pre-fire fair market value of $622,000 with the Beach Club building.

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