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Old 10-08-2009, 06:38 PM
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Angry New Construction

This is downright unbelievable.

The criminals at THP started construction of news home today on Centennial. First of all why would anyone work for these thieves?

I called ABC, The PA Attorney General Office and New Hanover Township to voice my outrage.

Ed at the Township said they were aware of it and there is not much they can do to prevent the construction despite the fact they ripped us off and stole money out of all our pockets.

Please assist me in trying to stop this crime unless they agree to finish all the houses they started, (driveways and yards included) as well as the children's playgrounds and clean up the mess they left all of us. If we can't stop them or get our houses finished first, I would at least like to voice our displeasure and make the construction as slow as molasses in January.
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Old 10-09-2009, 09:48 AM
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Quote:
Originally Posted by Paul&Jane View Post
This is downright unbelievable.

The criminals at THP started construction of news home today on Centennial. First of all why would anyone work for these thieves?

I called ABC, The PA Attorney General Office and New Hanover Township to voice my outrage.

Ed at the Township said they were aware of it and there is not much they can do to prevent the construction despite the fact they ripped us off and stole money out of all our pockets.

Please assist me in trying to stop this crime unless they agree to finish all the houses they started, (driveways and yards included) as well as the children's playgrounds and clean up the mess they left all of us. If we can't stop them or get our houses finished first, I would at least like to voice our displeasure and make the construction as slow as molasses in January.
Unfortunately, as you are well aware, everything outstanding is now within the realm of Ch 11 Protection. That leaves pretty much nothing available on a Civil Complaint.

However, Theft by Deception charges against THP and it's principals might stick. THP deceived customers right up to the day they "suspended operations" while they knew very well that everything was falling apart at the seams.

It's a gamble, but I'd throw a few more hundred dollars at the situation and file a private criminal complaint in your local district court. It's be even better if you can get a police officer in the juristiction to work with you. I've used this method against a contractor that screwed me over and it worked out that they were found guilty!

Just a thought in helping out with your Hendricks' Induced Nightmare!
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Old 10-09-2009, 09:54 AM
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Unfortunately, as you are well aware, everything outstanding is now within the realm of Ch 11 Protection. That leaves pretty much nothing available on a Civil Complaint.

However, Theft by Deception charges against THP and it's principals might stick. THP deceived customers right up to the day they "suspended operations" while they knew very well that everything was falling apart at the seams.

It's a gamble, but I'd throw a few more hundred dollars at the situation and file a private criminal complaint in your local district court. It's be even better if you can get a police officer in the juristiction to work with you. I've used this method against a contractor that screwed me over and it worked out that they were found guilty!

Just a thought in helping out with your Hendricks' Induced Nightmare!
Someone actually used that very approach in their claim form.

They were able to ask for up to three times the monies due and did with that in mind.

As for the overall situation... My best thought (and I agree - its ludicrous that they are starting new projects without completing previously owed items) is to show up in court again en mass if there is a hearing that makes sense.

Additionally, make sure that you have filed your claim.

As everyone knows, what speaks is money. And if you (or the current homeowners in all) don't represent money in court... You don't matter.

It's unfortunate, but, it's that simple.

Why do you think Reading Material is getting 60k from a DIP loan? Because they fought for it and represent dollars.
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TH Properties apparently has "left its debt behind" while STILL in bankruptcy Chapter 11?

See :
http://www.wheresbuilder.com/THP-Marketing-Flyer-Davidson-New-Homes.pdf


I am "Unfairly Burdened" with liens due to THP's inabilities to pay their bills :

~2k - B&F Insulation - A Masco Company
~11k - ServiceMark - A UGI HVAC D/B/A

I'm still waiting, THP :

http://abclocal.go.com/wpvi/story?se...rts&id=6845195

"We are working diligently with vendors and lenders to develop a restructuring plan that includes an agreement by the mechanics lien holders to release liens against completed homes. Our discussions have been encouraging, and we intend to see that all legal action is taken to ensure that no homeowner is unfairly burdened by these liens. We continue to specifically address this issue in our discussions. Our goal is to reach the best possible outcome for all parties as soon as possible."

Note : I am not a lawyer. Any information received from a post is just that - information. It is not legal advice.
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Old 10-13-2009, 10:27 AM
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So do you think they were able to add some sort of district court document stating that they we filing Theft by Deception charges against THP and if so, any idea how that would work? Also, does the Proof Of Claim form just have to be postmarked by the 23rd of Oct. or received at downtown Philly by then and is it a good idea to send it certified mail to get confirmation?
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Old 10-13-2009, 10:35 AM
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So do you think they were able to add some sort of district court document stating that they we filing Theft by Deception charges against THP and if so, any idea how that would work? Also, does the Proof Of Claim form just have to be postmarked by the 23rd of Oct. or received at downtown Philly by then and is it a good idea to send it certified mail to get confirmation?
It was specifically for Unfair Trade Practices and Consumer Protection Law.

It allows for treble damages of up to three times.

http://www.attorneygeneral.gov/uploa...tion%20Law.pdf

It has to be recieved by the 23rd at 5:00PM EST for general creditors as per the letter :

http://www.wheresbuilder.com/THP-Ban...Homeowners.pdf

You can also refer to the FAQ for information regarding how to ensure it got there :

WheresBuilder.com - T.H. Properties Suspends Operations - TH Properties - THP - A community for neighbors and speculators. - TH Properties Bankruptcy Proof Of Claim

Quote:
9. What else? How do I know it got there?

To receive acknowledgement of your filing, you may either enclose a stamped, self-addressed envelope and a copy of the Proof of Claim, or you may access the PACER System for a small fee to view your filed Proof of Claim.
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TH Properties apparently has "left its debt behind" while STILL in bankruptcy Chapter 11?

See :
http://www.wheresbuilder.com/THP-Marketing-Flyer-Davidson-New-Homes.pdf


I am "Unfairly Burdened" with liens due to THP's inabilities to pay their bills :

~2k - B&F Insulation - A Masco Company
~11k - ServiceMark - A UGI HVAC D/B/A

I'm still waiting, THP :

http://abclocal.go.com/wpvi/story?se...rts&id=6845195

"We are working diligently with vendors and lenders to develop a restructuring plan that includes an agreement by the mechanics lien holders to release liens against completed homes. Our discussions have been encouraging, and we intend to see that all legal action is taken to ensure that no homeowner is unfairly burdened by these liens. We continue to specifically address this issue in our discussions. Our goal is to reach the best possible outcome for all parties as soon as possible."

Note : I am not a lawyer. Any information received from a post is just that - information. It is not legal advice.
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Old 10-13-2009, 11:41 AM
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Thanks for that info. To your knowledge, is it just a matter of filing a private criminal complaint in your local district court and then paying a fee for some sort of documented proof like the user mentioned in the thread about a few more hundred dollars needed? Then, adding that to the Proof Of Claim form, or is there more involved? Any info you have is appreciated. From your perspective, how are you handling your outstanding unfinished items owed to you by THP? Just trying to get a feel for how others are going about it. Thanks again.
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Old 10-13-2009, 01:17 PM
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Originally Posted by Finishthejob View Post
Thanks for that info. To your knowledge, is it just a matter of filing a private criminal complaint in your local district court and then paying a fee for some sort of documented proof like the user mentioned in the thread about a few more hundred dollars needed? Then, adding that to the Proof Of Claim form, or is there more involved? Any info you have is appreciated. From your perspective, how are you handling your outstanding unfinished items owed to you by THP? Just trying to get a feel for how others are going about it. Thanks again.
You're headed way out of anything that I have seen pass my desk. I am not a lawyer. All my info is just that - info. I know I am beating a dead horse but I don't want anyone to have the idea that I am a subject matter expert. I'm not. I'm just someone that has a REALLY big PACER bill. That's it.

I think if you have questions to that degree, you are probably best discussing them with legal representation - something I am definitely not.

Feel free to PM me (or anyone else) for a recommendation.

As far as what people are doing about the items TH(P) left incomplete - regardless that people paid in full, in good faith, for a completed home... Yet, they continue to build out new ones... (trying to loop back into the main topic)

It's pretty spread out. A small group of people did it right away. A somewhat smaller group did it a month or two in. A medium sized group did it about 3-5 months in. And there will be the somewhere around medium size group that just say let's see what happens in the spring.

So, I'd say its probably a 20/20/30/30ish split? Just basing that off the people that I see on here and people I have either run into or just what you can see around in the 'hood(s).
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TH Properties apparently has "left its debt behind" while STILL in bankruptcy Chapter 11?

See :
http://www.wheresbuilder.com/THP-Marketing-Flyer-Davidson-New-Homes.pdf


I am "Unfairly Burdened" with liens due to THP's inabilities to pay their bills :

~2k - B&F Insulation - A Masco Company
~11k - ServiceMark - A UGI HVAC D/B/A

I'm still waiting, THP :

http://abclocal.go.com/wpvi/story?se...rts&id=6845195

"We are working diligently with vendors and lenders to develop a restructuring plan that includes an agreement by the mechanics lien holders to release liens against completed homes. Our discussions have been encouraging, and we intend to see that all legal action is taken to ensure that no homeowner is unfairly burdened by these liens. We continue to specifically address this issue in our discussions. Our goal is to reach the best possible outcome for all parties as soon as possible."

Note : I am not a lawyer. Any information received from a post is just that - information. It is not legal advice.

Last edited by administrator; 10-13-2009 at 01:27 PM. Reason: +some
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Old 10-14-2009, 04:35 PM
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Default And to bring this full circle...

Yes.

I do agree 110%.

People do need to know and understand the audacity that TH(P) has by not finishing what they started - homes paid for in good faith, in full.

There are ways to make it happen. It's been six months. They just don't care to because they don't have to.

There isn't enough of an outpouring demanding it.

Some new media attention to that matter makes sense.
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TH Properties apparently has "left its debt behind" while STILL in bankruptcy Chapter 11?

See :
http://www.wheresbuilder.com/THP-Marketing-Flyer-Davidson-New-Homes.pdf


I am "Unfairly Burdened" with liens due to THP's inabilities to pay their bills :

~2k - B&F Insulation - A Masco Company
~11k - ServiceMark - A UGI HVAC D/B/A

I'm still waiting, THP :

http://abclocal.go.com/wpvi/story?se...rts&id=6845195

"We are working diligently with vendors and lenders to develop a restructuring plan that includes an agreement by the mechanics lien holders to release liens against completed homes. Our discussions have been encouraging, and we intend to see that all legal action is taken to ensure that no homeowner is unfairly burdened by these liens. We continue to specifically address this issue in our discussions. Our goal is to reach the best possible outcome for all parties as soon as possible."

Note : I am not a lawyer. Any information received from a post is just that - information. It is not legal advice.
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Old 10-15-2009, 08:23 AM
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You know, to add insult to injury, I know that these DIP proposals they are using to build out these houses is supposed to inlcude overhead for maintenance of existing homes...in other words, they've inlcuded someone on the payroll to address these issues. So, obviously someone's getting paid for something they're not doing.

Maddening. And THP does nothing to communicate to existing homeowners....but watch how they'll kow tow to the new home buyers when these homes are finished.
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The information contained in this posting is intended to provide general information only. It is not meant to constitute formal legal advice or give rise to any attorney-client relationship. The author disclaims any and all liability resulting from reliance upon this general information. I strongly recommend seeking formal legal advice from a competent attorney before acting upon any information that may appear at this web site or in any correspondence (electronic or otherwise).
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Old 10-15-2009, 08:45 AM
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Originally Posted by B_robert View Post
You know, to add insult to injury, I know that these DIP proposals they are using to build out these houses is supposed to inlcude overhead for maintenance of existing homes...in other words, they've inlcuded someone on the payroll to address these issues. So, obviously someone's getting paid for something they're not doing.

Maddening. And THP does nothing to communicate to existing homeowners....but watch how they'll kow tow to the new home buyers when these homes are finished.
Wait wait wait wait....

So "overhead" bucket is supposed to be for servicing customers?????

I think everyone reading this might need to give Jason Dickey a call today.

His reasoning is that "the courts don't let them offer service".
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TH Properties apparently has "left its debt behind" while STILL in bankruptcy Chapter 11?

See :
http://www.wheresbuilder.com/THP-Marketing-Flyer-Davidson-New-Homes.pdf


I am "Unfairly Burdened" with liens due to THP's inabilities to pay their bills :

~2k - B&F Insulation - A Masco Company
~11k - ServiceMark - A UGI HVAC D/B/A

I'm still waiting, THP :

http://abclocal.go.com/wpvi/story?se...rts&id=6845195

"We are working diligently with vendors and lenders to develop a restructuring plan that includes an agreement by the mechanics lien holders to release liens against completed homes. Our discussions have been encouraging, and we intend to see that all legal action is taken to ensure that no homeowner is unfairly burdened by these liens. We continue to specifically address this issue in our discussions. Our goal is to reach the best possible outcome for all parties as soon as possible."

Note : I am not a lawyer. Any information received from a post is just that - information. It is not legal advice.
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