DOCKET NO.: UWY-CV-22-6064210-S :
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`SUPERIOR COURT
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`GEORGE MENGOLD
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`vs.
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`A&G AUTO PARTS,LLC
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`:
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`:
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`:
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`J.D, OF WATERBURY
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` ATWATERBURY
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`FEBRUARY, 2023
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`MOTION TO CITE IN PARTY DEFENDANT
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`Pursuant to Practice Book § 9-22, the Plaintiff, George Mengold, hereby
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`moves for permission to serve a summons and Amended Complaint, in the form
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`attached hereto, upon J&J Enterprizes, LLC (“J&J") and Jason Mengold JM")
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`who are not parties to this action. JM is the Principal of the Defendant, A&G Auto
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`Parts, LLC (“A&G”) as well as the principal of J&J, a related entity to A&G.
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`In support hereof the Plaintiff would show as follows:
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`1.
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`Decades ago the Plaintiff, George Mengold, started an auto parts
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`business and built it into a very successful business. (“Business”) Mr. Mengold's
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`son, the proposed Defendant, Jason Mengold, began working with him in the
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`business at a point in time. The company, called A&G Auto Parts, owned a
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`building in Monroe located at 75 Main Street (“Property”) whereit ran its
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`operations.
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`2.
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`Approximately 16 years ago Mr. Mengold sold the businessto his
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`son, Jason Mengold, for $1,250,000 and received a note in return (“Note”).
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`Additionally, the Piaintiff received a mortgage on the Property from J&J to secure
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`the debt (“Mortgage”). Earlier this year the Property was sold and the Plaintiff
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`wasonly paid a fraction of what he is owed in exchange for his releasing the
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`Mortgage and allowing the sale to go through to the benefit of the Business.
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`3.
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`At that time $38,000.00 was placed in escrow from the sale
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`proceeds with attorney James M. Nugent via an escrow agreement executed by
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`the Plaintiff, J&J and J&M. There is no reason for the escrow to continue and
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`the Plaintiff is entitled to the escrow funds to apply toward the Loan.
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`4,
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`While the present action involves separate loans the Plaintiff made
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`to A&G, (“Loans”), those Loans likewise were used for the benefit of the
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`Business. The Plaintiff seeks payment on the same from proceeds from the sale
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`of A&G.
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`5.
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`In order to provide and ensure complete relief between the parties
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`regarding monies owedit related to the Business, the Plaintiff now seeks to add
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`J&J Enterprizes, LLC and Jason Mengold individually as party defendants.
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`6.
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`Accordingly, in orderthat all proper parties are joined in this action
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`so that a complete determination can be made by the Court it is necessary to
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`cite in J&J Enterprizes, LLC and Jason Mengold with the Amended Revised
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`Complaint attached.
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`WHEREFORE, the undersigned movesthat the Plaintiff's Amended
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`Revised Complaint be served on J&J Enterprizes, LLC and Jason Mengold in
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`this action and that they be summoned to appear here as Defendants.
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`PLAINTIFE
`GEORG
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`
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`BY:
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`Milford, CF 06460
`Telephone No. (203)878-0661
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`

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`ORDER
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`It appearing that the foregoing Motion should be granted it is hereby:
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`ORDERED that on orbefore_ ss day of
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`, 2023 the
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`Piaintiff serve its Amended Complaint in this action and summon J&J Enterprizes, LLC
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`and Jason Mengold to appear as Defendants in this action on or before the second day
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`following
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`, 2023 by causing some proper officer to serve on
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`them, in the manner prescribed by law a true and attested copy of this order, true and
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`certified copy of the Complaint in this action and a civil summons form JD-CV-1.
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`Dated:
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`BY THE COURT,
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`Judge/Assistant Clerk
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`CERTIFICATION
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`This is to certify that a copy of the foregoing was mailed, postage prepaid and/or
`sent electronically this date to all counsel and pro se parties of record:
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`Teodosio Stanek LLC
`375 Bridgeport Avenue
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`Shelton, CT 06484
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`

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`DOCKET NO.: UWY-CV-22-6064210-S :
`
`SUPERIOR COURT
`
`GEORGE MENGOLD
`
`VS.
`
`A&G AUTO PARTS, LLC,
`J&J ENTERPRIZES, LLC AND
`
`JASON MENGOLD
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`:
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`:
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`:
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`J.D. OF WATERBURY
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`AT WATERBURY
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`FEBRUARY, 2023
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`AMENDED REVISED COMPLAINT
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`COUNT ONE.
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`1.
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`Plaintiff is the former owner of the Defendant company, A&G Auto Parts,
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`LLC which he formed and built into a successful business.
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`2.
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`On or about 2005 the Plaintiff sold the entire business to his son Jason
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`Mengeold who owned andran it.
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`3.
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`Very recently the Defendant, and/or the Defendant’s assets, were sold to
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`a third party which paid approximately $489,000.00.
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`4.
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`Overa period of several years the Plaintiff loaned substantial sumsof
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`money to the Defendant.
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`5.
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`The Plaintiff's funds were transferred to the Defendantin various forms
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`and deposited into the Defendant's bank account and used for a variety of business
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`purposes.
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`6.
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`Asof this time the Plaintiff is owed at least $900,000.00, plus interest for
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`money wrongfully detained.
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`7.
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`The Plaintiff claims judgment for damages, pre-judgment interest and
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`post-judgment interest.
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`COUNT TWO
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`1.
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`Plaintiff is the former owner of the Defendant company, A&G Auto Parts,
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`LLC (“A&G”) which he formed and built into a successful business (“Business”).
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`2.
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`J&J Enterprizes, LLC (“J&J") owned a building in Monroe located at 75
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`Main Street (“Property”), which is leased to A&G.
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`3.
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`On or about 2005 the Plaintiff sold the Business to his son Jason
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`Mengold who owned andran it, including the Property.
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`4,
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`Aspart of the sale of the Business the Plaintiff received a note in the
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`amount of $1,250,000.00 in return (“Note”). Additionally, the Plaintiff received a
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`mortgage on the Property from J&J Enterprizes, LLC (“J&J”) to secure the debt
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`(“Mortgage”). Earlier this year the Property was sold and the Plaintiff was only paid a
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`portion of what he is owed in exchangefor his releasing the Morigage and allowing the
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`sale to proceed.
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`5.
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`At that time $38,000.00 (“Escrowed Funds”) was placed in escrow via an
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`escrow agreement executed by the by the Plaintiff, J&J and its principal Jason Mengold
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`("JM"). (Copy of Escrow Agreement attached as Exhibit “A”) (“Escrow’).
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`6.
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`There is no reason for the Escrow to continue and the Plaintiff is entitled
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`to the Escrow Fundsto apply toward the outstanding Loan. The Escrowed Funds were
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`secured by the Plaintiff's Mortgage and no Defendants has a valid claim to them.
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`7.
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`The Escrowby its terms cannot be terminated and the Escrow Funds
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`released unlesseither: (a) the parties agree in writing to such release; or (b) a court
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`order is issued which directs release of the Escrow Funds.
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`8.
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`To date J&J and JM haverefused to authorize release of the Escrow
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`

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`Funds to the Plaintiff thought they have no colorable claim to them. Therefore, the
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`Plaintiff seeks a judgment awarding the Escrowed Funds to the Plaintiff.
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`9.
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`Accordingly, the Plaintiff seeks an order from this Court directing release
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`of the Escrow Fundsto the Plaintiff,
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`WHEREFORE, the Plaintiff claims:
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`1.
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`2.
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`Money damages;
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`Pre-judgmentinterest;
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`Post-j/udgmentinterest;
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`An order from this Court directing release of the Escrow Fundsto the
`Plaintiff.
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`Costs; and
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`Such otherrelief as the Court may deem appropriate.
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`THE PLAINTIFF,
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` BY:
`in
`
`fn.
`James
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`Milford, CT 08460
`Tele No. (203) 878-0661
`Juris: 102083
`Jmn@quidproquo.com
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`

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`DOCKET NO,: UW-CV-22-6064210-S_:
`
`SUPERIOR COURT
`
`GEORGE MENGOLD
`
`A&G AUTO PARTS, LLC,
`J&J ENTERPRIZES, LLC AND
`JASON MENGOLD
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`:
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`:
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`J.D. OF WATERBURY
`AT WATERBURY
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`FEBRUARY, 2023
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`AMOUNT IN DEMAND
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`The Plaintiff claims monetary damages in amountin excess of $15,000.00,
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`exclusive of attorney's fees, interest and costs.
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`THE PLAINTIFF,
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`: Ong
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`Milford, CT 06460
`Tele No. (203) 878-0661
`Juris: 102083
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`Jmn@quidproguo.com
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`

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`CERTIFICATION
`This is to certify that a copy of the foregoing was mailed, postage prepaid and/or
`sent electronically this date to all counsel and pro se parties of record:
`
`Teodosio Stanek LLC
`375 Bridgeport Avenue
`
`Shelton, CT 06484
`
`GAUSERS\TARAA\- nugent\Mengold\Mation to Cite In.wpd
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`

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`ESCROW AGREEMENT
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`This Escrow Agreement is made this \\_ day of May, 2022, by and among George Mengold
`hereinafter in this agreement, the “Lender”) and J&J Enterprizes, LLC and Jason Mengold
`(hereinafter in this agreement the “Borrowers”)
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`The sums of $38,000.00 from the sale proceedsof the sale of 75 Main Street, Monroe Ct. shall
`be held in escrow (herein collectively called the "Escrow Deposit"), by Attorney James M.
`Nugent (hereinafter the "Escrow Agent"), in trust, and disbursed only in accordance with the
`following provisions:
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`The escrow fund maynot be released by the Escrow Agent until one of the following
`events occurs: a) the parties hereto specifically agree in writing to release someorall of
`the escrow or b) a court orderis issued, not subject to any appeal, which directs the
`release of someorall of the escrow.
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`The Escrow Agentshall not be liable for any act done or omitted by it in good faith, or
`for anything which it may in good faith do or refrain from doing in connection withits
`duties as Escrow Agent. The Escrow Agent is authorized to rely upon any document
`reasonably believed byit to be signed by the parties hereto, including transmissions by
`email or facsimile. The parties hereby agree to indemnify and hold harmless the Escrow
`Agent from and against any loss, cost or damage incurred byit, including, without
`limitation, reasonable attorneys' fees in connection with this Agreement, or arising from
`its duties as Escrow Agent. The Escrow Agent may,in its sole discretion in the event of
`a dispute, choose to obtain an opinion of counsel with regard to its duties hereunder, and
`the parties agree to pay reasonable attorney's fees incurred in connection therewith.
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`All notices required under this Addendum shall be sent to the parties at the following
`address, by regular mail, and/or email:
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`George Mengold, 938 Main Street No., Southbury Ct. 06488
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`J&J Enterprizes LLC and Jason Mengold, 511 Old Waterbury Road, Southbury Ct.
`06488
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`Escrow Agent: Attorney James M. Nugent, One New Haven Avenue, Suite 100, Milford
`Ct. 06460; jmn@Haflaw.com; 203-878-0661
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`Page 1 of 2
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`The undersigned agreesto act as Escrow Agent, subject to the conditionsset forth above.
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`Lender:
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`Borrowers:
`J&J Enterprizes, LLC
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`“E /\
`Jason Mengold, visoaterbeds
`Dated: \\\ \ oO
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`J
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`,
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`son Mengold
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`[easels
`{Narss>
`Dated: SM) o
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`Page 2 of 2
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