The Estate of BG Petroleum, LLC by and through the v. Community State Bank of Orbisonia et al
Adversary Proceeding
Lead BK case is: 7:13-bk-70334
Lead BK case is: 7:13-bk-70334
| Pennsylvania Western Bankruptcy Court | |
| Chapter 7 | |
| Judge: | Jeffery A Deller |
| Case #: | 7:20-ap-07013 |
| Nature of Suit | 31 Bankruptcy - Approval of sale of property of estate and of a co-owner - §363(h) |
| Case Filed: | May 12, 2020 |
| Last checked: never |
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Defendant
Clinton D. Simmons
201 Cliffside Acres Rd
Everett, PA 15537 |
Represented By
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Defendant
Joan Mellott
99 West Riverview Ave.
Englewood, FL 34223 |
Represented By
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Defendant
Nyle Mellott
99 West Riverview Ave.
Englewood, FL 34223 |
Represented By
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Defendant
Sunco Enterprises, Inc.
167 Posthouse Road
Breezewood, PA 15533 |
Represented By
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Defendant
Simmons Realty Co., Inc.
914 N. Spring Street
Everett, PA 15537 |
Represented By
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Defendant
Bedford County Oil Company, Inc.
914 N. Spring Street
Everett, PA 15537 |
Represented By
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Defendant
Ladonna Watters
742 Ritchie Road
Everett, PA 15537 |
Represented By
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Defendant
Thomas Watters
742 Ritchie Road
Everett, PA 15537 |
Represented By
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Defendant
Estate of Loretta M. Simmons
2028 West Graceville Road
Everett, PA 15537 |
Represented By
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Defendant
Robert K. Simmons
1951 West Graceville Road
Everett, PA 15537 |
Represented By
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Defendant
Donan, Inc.
215 Railroad Street
Bedford, PA 15522 |
Represented By
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Defendant
4355 Business 220, LLC
167 Post House Road
Breezewood, PA 15533 |
Represented By
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Defendant
720 Lincoln Highway, LLC
167 Post House Road
Breezewood, PA 15533 |
Represented By
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Defendant
201 Jefferson Street, LLC
167 Post House Road
Breezewood, PA 15533 |
Represented By
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Defendant
Attilio S. DeMarco
6408 Fairbanks Lane
Frederick, MD 21701 |
Represented By
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Defendant
William J. Miller
107 Pine Ave.
Washington Grove, MD 20880 |
Represented By
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Defendant
Community State Bank of Orbisonia
761 Elliot Street
Orbisonia, PA 17243 |
Represented By
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Plaintiff
The Estate of BG Petroleum, LLC by and through the Chapter 7 Trustee, Lisa Swope
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Represented By
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| Docket last updated: 05/19/2025 1:10 PM EDT |
| Sunday, March 26, 2023 | ||
| 32 | 32
court
BNC Certificate of Mailing - PDF Document
Mon 03/27 12:23 AM
BNC Certificate of Mailing - PDF Document. . Notice Date 03/26/2023. (Admin.) |
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| Friday, March 24, 2023 | ||
| 31 | 31
order
Dismiss Adversary Proceeding
Fri 03/24 12:47 PM
Default Order Signed on 3/24/2023 All claims against 201Jefferson Street, LLC, 720 Lincoln Highway, LLC and 4355 Business 220 LLC in AdversaryProceeding No. 20-07013 are DISMISSED as moot. . (nsha) |
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| Monday, February 27, 2023 | ||
| 30 | 30
court
Hearing Set G - AP
Mon 02/27 9:12 AM
Order Scheduling a Hearing on . Hearing scheduled for 3/31/2023 at 11:00 AM via Zoom with Judge Deller. Responses due by 3/21/2023. (jhel) |
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| Friday, February 24, 2023 | ||
| 29 | 29
motion
Dismiss Adversary Proceeding
Fri 02/24 3:01 PM
Motion to Dismiss Adversary Proceeding As Moot Filed by 201 Jefferson Street, LLC, 4355 Business 220, LLC, 720 Lincoln Highway, LLC (Burdette, Allison) |
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Att: 1
Proposed Order
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| Monday, December 14, 2020 | ||
| 28 | 28
misc
Notice of Appearance and Request for Notice
Mon 12/14 1:28 PM
Notice of Appearance and Request for Notice by Matthew HAAR Filed by on behalf of 201 Jefferson Street, LLC, 4355 Business 220, LLC, 720 Lincoln Highway, LLC. (HAAR, Matthew) |
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| Friday, December 11, 2020 | ||
| 27 | 27
misc
Notice of Appearance and Request for Notice
Fri 12/11 10:25 AM
Notice of Appearance and Request for Notice by Allison Leigh Burdette Filed by on behalf of 201 Jefferson Street, LLC, 4355 Business 220, LLC, 720 Lincoln Highway, LLC. (Burdette, Allison) |
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| Tuesday, August 18, 2020 | ||
| 26 | 26
misc
Status Report
Tue 08/18 2:13 PM
Status Report Filed by Plaintiff The Estate of BG Petroleum, LLC by and through the Chapter 7 Trustee, Lisa Swope . (Herron, Matthew) |
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| Monday, July 20, 2020 | ||
| 25 | 25
answer
Answer to Complaint
Mon 07/20 8:06 PM
Answer to Complaint Miller Defendants' Response to Trustee's Motion for Authority to Sell Property Free and Clear of Liens and Other Interests Pursuant to Federal Rule of Bankruptcy Procedure 6004 Regarding the Hearing on no hearing date scheduled. Filed by 201 Jefferson Street, LLC, 4355 Business 220, LLC, 720 Lincoln Highway, LLC, Attilio S. DeMarco, William J. Miller(Grego, Samuel) |
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Att: 1
Proposed Order
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Att: 2
Certificate of Service
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| 24 | 24
utility
Corrective Entry
Mon 07/20 9:31 AM
CORRECTIVE ENTRY: INCORRECT DOCKET EVENT USED. DOCUMENT TO BE REFILED AS AN ANSWER TO THE COMPLAINT USING THE EVENT FOUND UNDER ADVERSARY / ANSWERS / COMPLAINT, 3RD, CROSS, COUNTER. . (dkam) |
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| Friday, July 17, 2020 | ||
| 23 | 23
answer
Response
Fri 07/17 3:07 PM
Response to Trustee's Motion for Authority to Sell Property Free and Clear of Liens and Other Interest Pursuant to Federal Rule of Bankruptcy Procedure 6004 Regarding the Hearing on no hearing date scheduled. Filed by 201 Jefferson Street, LLC, 4355 Business 220, LLC, 720 Lincoln Highway, LLC, Attilio S. DeMarco, William J. Miller . (Grego, Samuel) CORRECTIVE ENTRY: INCORRECT DOCKET EVENT USED. DOCUMENT TO BE REFILED AS AN ANSWER TO THE COMPLAINT USING THE EVENT FOUND UNDER ADVERSARY / ANSWERS / COMPLAINT, 3RD, CROSS, COUNTER. Modified on 7/20/2020 (dkam) |
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Att: 1
Proposed Order
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Att: 2
Certificate of Service
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| Saturday, June 20, 2020 | ||
| 22 | 22
court
Hearing Held - AP
Sat 06/20 4:46 AM
TEXT ORDER signed by Judge Jeffery A. Deller: AND NOW, this 19th day of June, 2020, it is hereby ORDERED that all Defendants who have not answered the adversary complaint shall file their answer by no later than July 19, 2020. Failure to file an answer or otherwise defend may result in the entry of a default judgment against a non-answering Defendant. The Sale Hearing scheduled for June 26, 2020 is hereby CANCELLED, and shall be rescheduled upon application by the Chapter 7 Trustee. Within 60 days of the date of this Text Order, the Chapter 7 Trustee shall file a written status report. . This text-only entry constitutes the Court's Order and Notice in this matter. (msch) |
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| Monday, June 15, 2020 | ||
| 21 | 21
misc
Certificate of Service
Mon 06/15 4:03 PM
Certificate of Service Regarding the Hearing on 6/26/2020. Filed by Bedford County Oil Company, Inc., Estate of Loretta M. Simmons, Joan Mellott, Nyle Mellott, Clinton D. Simmons, Robert K. Simmons, Simmons Realty Co., Inc., Sunco Enterprises, Inc., Ladonna Watters, Thomas Watters .(Petak, Kevin) |
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Att: 1
Clerk's Mailing Matrix
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| 20 | 20
answer
Answer to Complaint
Mon 06/15 3:43 PM
Answer to Complaint (filed in response to Corrective Entry) Regarding the Hearing on 06/26/20., Answer to Complaint Regarding the Hearing on 06/26/20. Filed by Bedford County Oil Company, Inc., Estate of Loretta M. Simmons, Joan Mellott, Nyle Mellott, Clinton D. Simmons, Robert K. Simmons, Simmons Realty Co., Inc., Sunco Enterprises, Inc., Ladonna Watters, Thomas Watters(Petak, Kevin) |
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Att: 1
Proposed Order
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| 19 | 19
utility
Corrective Entry
Mon 06/15 9:57 AM
CORRECTIVE ENTRY: INCORRECT DOCKET EVENT USED. DOCUMENT TO BE REFILED AS AN ANSWER TO THE COMPLAINT USING THE EVENT FOUND UNDER ADVERSARY / ANSWERS / COMPLAINT, 3RD, CROSS, COUNTER. . (mgut) |
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| Friday, June 12, 2020 | ||
| 18 | 18
answer
Response
Fri 06/12 4:33 PM
Response Regarding the Hearing on 06/26/20. Filed by Bedford County Oil Company, Inc., Estate of Loretta M. Simmons, Joan Mellott, Nyle Mellott, Clinton D. Simmons, Robert K. Simmons, Simmons Realty Co., Inc., Sunco Enterprises, Inc., Ladonna Watters, Thomas Watters . (Petak, Kevin) CORRECTIVE ENTRY: INCORRECT DOCKET EVENT USED. DOCUMENT TO BE REFILED AS AN ANSWER TO THE COMPLAINT USING THE EVENT FOUND UNDER ADVERSARY / ANSWERS / COMPLAINT, 3RD, CROSS, COUNTER. Modified on 6/15/2020 (mgut) |
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Att: 1
Proposed Order
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| Thursday, May 28, 2020 | ||
| 17 | 17
misc
Notice of Appearance and Request for Notice
Thu 05/28 10:23 AM
Notice of Appearance and Request for Notice by Mitchell Jay Rotbert Filed by Plaintiff The Estate of BG Petroleum, LLC by and through the Chapter 7 Trustee, Lisa Swope (Rotbert, Mitchell) |
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Att: 1
Exhibit Exhibit A to Notice
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| Wednesday, May 27, 2020 | ||
| 16 | 16
misc
Notice of Appearance and Request for Notice
Wed 05/27 10:48 AM
Notice of Appearance and Request for Notice by Kevin J. Petak Filed by Defendant Thomas Watters (Petak, Kevin) |
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| 15 | 15
misc
Notice of Appearance and Request for Notice
Wed 05/27 10:45 AM
Notice of Appearance and Request for Notice by Kevin J. Petak Filed by Defendant Ladonna Watters (Petak, Kevin) |
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| 14 | 14
misc
Notice of Appearance and Request for Notice
Wed 05/27 10:42 AM
Notice of Appearance and Request for Notice by Kevin J. Petak Filed by Defendant Sunco Enterprises, Inc. (Petak, Kevin) |
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| 13 | 13
misc
Notice of Appearance and Request for Notice
Wed 05/27 10:38 AM
Notice of Appearance and Request for Notice by Kevin J. Petak Filed by Defendant Bedford County Oil Company, Inc. (Petak, Kevin) |
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| 12 | 12
misc
Notice of Appearance and Request for Notice
Wed 05/27 10:22 AM
Notice of Appearance and Request for Notice by Kevin J. Petak Filed by Defendant Simmons Realty Co., Inc. (Petak, Kevin) |
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| 11 | 11
misc
Notice of Appearance and Request for Notice
Wed 05/27 10:15 AM
Notice of Appearance and Request for Notice by Kevin J. Petak Filed by Defendant Robert K. Simmons (Petak, Kevin) |
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| 10 | 10
misc
Notice of Appearance and Request for Notice
Wed 05/27 10:11 AM
Notice of Appearance and Request for Notice by Kevin J. Petak Filed by Defendant Nyle Mellott (Petak, Kevin) |
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| 9 | 9
misc
Notice of Appearance and Request for Notice
Wed 05/27 10:07 AM
Notice of Appearance and Request for Notice by Kevin J. Petak Filed by Defendant Joan Mellott (Petak, Kevin) |
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| 8 | 8
misc
Notice of Appearance and Request for Notice
Wed 05/27 9:51 AM
Notice of Appearance and Request for Notice by Kevin J. Petak Filed by Defendant Estate of Loretta M. Simmons (Petak, Kevin) |
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| Tuesday, May 26, 2020 | ||
| 7 | 7
misc
Notice of Appearance and Request for Notice
Tue 05/26 4:39 PM
Notice of Appearance and Request for Notice by Kevin J. Petak Filed by Defendant Clinton D. Simmons (Petak, Kevin) |
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| Monday, May 18, 2020 | ||
| 6 | 6
crditcrd
none
Mon 05/18 8:18 AM
Receipt of Complaint 20-07013 JAD) [cmp,cmp] ( 350.00) filing fee. Receipt number 15045045, amount $ 350.00. (U.S. Treasury) |
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| Friday, May 15, 2020 | ||
| 5 | 5
misc
Notice of Appearance and Request for Notice
Fri 05/15 12:35 PM
Notice of Appearance and Request for Notice by Nicholas A. Miller Filed by Plaintiff The Estate of BG Petroleum, LLC by and through the Chapter 7 Trustee, Lisa Swope (Miller, Nicholas) |
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| 4 | 4
cmp
Summons Service Executed
Fri 05/15 8:56 AM
Summons Service Executed on 201 Jefferson Street, LLC 5/15/2020; 4355 Business 220, LLC 5/15/2020; 720 Lincoln Highway, LLC 5/15/2020; Bedford County Oil Company, Inc. 5/15/2020; Community State Bank of Orbisonia 5/15/2020; Attilio S. DeMarco 5/15/2020; Donan, Inc. 5/15/2020; Estate of Loretta M. Simmons 5/15/2020; Joan Mellott 5/15/2020; Nyle Mellott 5/15/2020; William J. Miller 5/15/2020; Robert O Lampl Law Office 5/15/2020; Clinton D. Simmons 5/15/2020; Robert K. Simmons 5/15/2020; Simmons Realty Co., Inc. 5/15/2020; Sunco Enterprises, Inc. 5/15/2020; Ladonna Watters 5/15/2020; Thomas Watters 5/15/2020 . (Herron, Matthew) |
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| Wednesday, May 13, 2020 | ||
| 3 | 3
court
Summons Issued
Wed 05/13 3:04 PM
Seventeen Summons Issued on 201 Jefferson Street, LLC Date Issued 5/13/2020, Answer Due 6/12/2020; 4355 Business 220, LLC Date Issued 5/13/2020, Answer Due 6/12/2020; 20 Lincoln Highway, LLC Date Issued 5/13/2020, Answer Due 6/12/2020; Bedford County Oil Company, Inc. Date Issued 5/13/2020, Answer Due 6/12/2020; Community State Bank of Orbisonia Date Issued 5/13/2020, Answer Due 6/12/2020; Attilio S. DeMarco Date Issued 5/13/2020, Answer Due 6/12/2020; Donan, Inc. Date Issued 5/13/2020, Answer Due 6/12/2020; Estate of Loretta M. Simmons Date Issued 5/13/2020, Answer Due 6/12/2020; Joan Mellott Date Issued 5/13/2020, Answer Due 6/12/2020; Nyle Mellott Date Issued 5/13/2020, Answer Due 6/12/2020; William J. Miller Date Issued 5/13/2020, Answer Due 6/12/2020; Clinton D. Simmons Date Issued 5/13/2020, Answer Due 6/12/2020; Robert K. Simmons Date Issued 5/13/2020, Answer Due 6/12/2020; Simmons Realty Co., Inc. Date Issued 5/13/2020, Answer Due 6/12/2020; Sunco Enterprises, Inc. Date Issued 5/13/2020, Answer Due 6/12/2020; Ladonna Watters Date Issued 5/13/2020, Answer Due 6/12/2020; Thomas Watters Date Issued 5/13/2020, Answer Due 6/12/2020. Sale Hearing scheduled for 6/26/2020 at 11:00 AM at tcbm Telephone Conference - Deller. (msch) |
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| 2 | 2
misc
Notice of Appearance and Request for Notice
Wed 05/13 2:26 PM
Notice of Appearance and Request for Notice and Service of Papers by Robert O Lampl Filed by Creditor Robert O Lampl Law Office (Lampl, Robert) |
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| Tuesday, May 12, 2020 | ||
| 1 | 1
cmp
Complaint
Tue 05/12 2:30 PM
Adversary case 20-07013 Complaint for Authorization to Sell Property Free and Clear of Liens and Other Interests by The Estate of BG Petroleum, LLC by and through the Chapter 7 Trustee, Lisa Swope against Community State Bank of Orbisonia, William J. Miller, Attilio S. DeMarco, 201 Jefferson Street, LLC, 720 Lincoln Highway, LLC, 4355 Business 220, LLC, Donan, Inc., Clinton D. Simmons, Robert K. Simmons, Estate of Loretta M. Simmons, Nyle and Joan Mellott, Thomas Watters, Ladonna Watters, Bedford County Oil Company, Inc., Simmons Realty Co., Inc., Sunco Enterprises, Inc.. Fee Amount $ 350. Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Herron, Matthew) |
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Att: 1
Exhibit A
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Att: 2
Exhibit B
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Att: 3
Exhibit C
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Att: 4
Proposed Order
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