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HomeMy WebLinkAbout07-4145°/ , Carol L. Verish, Esquire Attorney I.D. No. 91284 Keefer Wood Allen & Rahal, LLP 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 Phone: (717) 255-8000 Fax: (717) 255-8050 Email • cverish@keeferwood com Attorneys for The Whiting-Turner Contracting Company THE WHITINGTURNER CONTRACTING COMPANY, Claimant vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: b7- y~~y,5 MLD MECHANICS' LIEN DP INDUSTRIAL, LLC, Owner MECHANICS' LIEN CLAIM Claimant, The Whiting-Turner Contracting Company, by and through the undersigned counsel, files this claim against the improvements and property at Lot # 4, LogistiCenter at Carlisle, Route 641 North Middleton Township, Cumberland County, Pennsylvania for the payment of a debt due to Claimant as a contractor for labor and materials furnished by Claimant in the erection and construction of the improvements. In support of the claim, the Claimant makes the following statement: 1. The Owner of the property is DP Industrial, LLC, a Delaware Limited Liability Company, with a physical address at 1200 Financial Boulevard, Reno, Nevada 89502. 2. Upon information and belief, the property in question is managed by and through DP Partners with an address at 200 North 3`~ Street, Suite 1402, Harrisburg, Pennsylvania 17101. 3. A contract dated August 14, 2006, revised on August 21, 2006, was entered into by and between Claimant and Owner, a copy of the face page of said contract to aid in its identification being attached hereto as Exhibit "A". Pursuant to the contract, Claimant was to furnish labor and materials to build improvements on Lots 2, 3 & 4 of the Final Subdivision Plat for LogistiCenter at Carlisle, as recorded in the Cumberland County Recorder of Deeds Office Plan Book 92, Page 148, a copy of which is attached hereto as Exhibit "A". The improvements made to Lot # 2 comprised a single business plant; the improvements made to Lot # 3 comprised a single business plant; the improvements made to Lot # 4 comprised a single business plant. Therefore, the improvements for each lot have been apportioned in accordance with 49 P.S. § 1306(b) ("Where debt is incurred for labor or materials furnished by the same claimant for work upon several different improvements which do not form all or part of a single business or residential plant, the claimant shall file separate claims with respect to each such improvement...."). Apportionment in this case is based on the separate invoicing of improvements to each of the lots. 4. The improvements and the property which are subject to this claim are an 811,200 square foot warehouse (hereinafter, the "Warehouse"), a concrete slab suitable for 2 expanding said Warehouse, Mass Grading of property, access road improvements and infrastructure, and fit-out of the Warehouse, along with appurtenant land being situated in the Township of North Middleton, Cumberland County, Pennsylvania, said lot being Lot # 4 as shown on a Final Subdivision Plat for LogistiCenter at Carlisle Lots 2, 3 & 4, as more particularly described in the deed recorded in the Cumberland County Recorder of Deeds Office Book 280, Page 657, a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference. 5. The labor and materials for which the debt is due upon Lot # 4 improvements were furnished for the agreed sum of Thirty-Six Million One Hundred Five Thousand Three Hundred Fifty-one dollars and Thirteen cents ($36,105,305.13), pursuant to the August 14, 2006 contract between the Owner and Claimant. 6. The labor and materials for which the debt is due consisted of all materials, supplies, and labor to complete the improvements to Lot # 4 and to improve access roads and infrastructure. 7. The Claimant completed its work at the property on April 30, 2007, which is less than six (6) months before the filing of this claim. 8. Claimant has been paid Thirty Four Million Seven Hundred Thirty-nine Thousand Nine Hundred Sixty-four dollars and Sixty-two cents ($34,739,964.62) toward the debt due Claimant for the stated labor and materials related to the Lot # 4 improvements, and there is due and owing a balance of One Million Three Hundred Sixty-Five Thousand Three Hundred Eight-six Dollars Fifty-one cents 3 ($1,365,386.51), plus applicable prejudgment interest accruing from the date of contract completion until final payment. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP ' ~ V Dated: July ~, 2007 By ~~ AROL L. VERISH Attorney I.D. #91284 Attorneys for Claimant, The Whiting-Turner Contracting Company 4 VERIFICATION I verify that the statements made in this Mechanics' Lien Claim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifications to authorities. Date: ~ ~~ Kevin Seicke, Vice President For The Whiting-Turner Contracting Company C x~-~~i3~7 ~ TABLE OF CONTENTS (continued) CONSTRUCTION AGREEMENT BETWEEN OWNER AND GENERAL CONTRACTOR This Construction Agreement Between Owner and General Contractor (this "Agreement") is entered into as of this [ 14~' day of Augusts 2006, by and between [Whiting Turner] ("Contractor") and DP INDUSTRIAL, LLC, a Delaware limited liability company, with an address of 1200 Financial Boulevard, Reno, Nevada 89502 ("Owner"). WITNESSET,H: WHEREAS, Owner desires to secure the construction of an [warehouse distribution facility with office component] containing approximately 811,200 square feet and ether ancillary improvements (collectively, the "Project") upon th~ site containing approximately 139 acres located at Lot #2-4, LogistiCenter at Carlisle, North Middleton Township, Cumberland County Pennsylvania; and ~ WHEREAS, Contractor desires to perform the Work for the Contract as set forth herein and represents itself as being capable of satisfying the requirements of the Contract Documents (as such terms are hereinafter defined); and ' WHEREAS, St. Onge Ruff and Associates is the architectural firm for the Project; and NOW, THEREFORE, in consideration of the mutual covenants between the parties to this Agreement as hereinafter set forth, it is hereby agreed as follows: I. SCOPE OF THE WORK AND THE CONTRACT DOCUMENTS A. The Work. Subject to and in accordance with the terms and provisions of this Agreement, Contractor shall construct, equip and furnish for Owner on that certain parcel of property located at Lot #6, LogistiCenter at Carlisle and further described in Exhibit A attached hereto and incorporated herein (the "Site"), a warehouse distribution facility containing not less than 811,200 square feet with supporting improvements, facilities and equipment, described and/or reasonably inferable from the Plans and Specifications prepared by Architect enumerated in Exhibit B attached hereto and made a part hereof ("Architect Plans and Specifications") (hereinafter all labor, materials, equipment, work and services are collectively referred to as the "Work") which Plans and Specifications also include, the Performance Specifications, the Architect's Technical Specifications, the GeoTech Report (except as may be clarified as exclusions or unit pricesin this agreement) and the list of plans attached to Exhibit B . In connection with the Work, Contractor shall provide, furnish and pay for all materials, tools, equipment, fixtures and all other facilities, and all labor, supervision, utilities, services, insurance, fuel, transportation and other services necessary to prosecute and complete in all respects the completed construction required by the Contract Documents, all to the satisfaction of Owner, and in a good and workmanlike manner on the Site in accordance with the Contract Documents and each part thereof. L-1 ~xN~~~T 3 t7 I M cal "' + • y ~ `'`' _~ -~ _-- ~ a-- cR ^G • ~~ 70YM aWIN®'H oa~+brao ~u~aiuorvaaY~larmo ~rrHVU Sus wv arm 3nm+i-aravooo ~¢ '~ i gg ~ GuBg :~ o„ ~ ~ i ~ , ? i I i ~ ~ i LL ~' ~ ~ H ~ ,~ ---, ;t~ ;~3 , ~-lx ~ f-,~ t i~~ i ~~ iii ~~ i 'f' ~~ .'' I ~1 ~ ~+'i'~ ~~ 1~ ~! 71 n I• i y ~, ~ ~l :i~~ }l~ ~s 1-i~ ~~i I ~ ~ ' i . ~~ I~~ I~ . - --r~---~--------- ' ' ---~-, a ~3 ! t I i i ,- I > I~ 3 ~ a ~ ~ . °' ~ ~~ ~~ -E~ d ~ ~ .~ ~~ ~ u ~~ ~~ ! ~f~ s1 ~~ ~ ~~~ PE MS 1Y1/iJ ~xNl 117 S !'78~a.~d9- i,. l' ,~ , THIS DEED i~~ t~AY 2y PSI ~ 16 11+)CA.DE the , U ~Y of ~~ ~ ~ Year of uur Lord Two Thousand and Seven (2007). SETWEii;1V DP INDUSTRIAL, LLC, a Delaware Limited Liability company, G~ANT~~ AND DP INAUSTIl~iAL, LLG a Delaware Limited Liability Company, GTE WITNESSIETH, that Crraator, far and in oox~sideration of the sum of Q1V>Er AND N~l100 ~~I.OQ) _ - • _ _ _ _ - .. -1y4LLAR, lawful money of the Urut>ed States of America, well sari truly paid by Grants to Graatar, at and before the sealiucg and delivery of 1b~ese presents, the :ceoeipt sold, aliened, cnfeo~, ~ whereof is hereby acloo~vwledged, has gyrauted, batgaine~d, conveyed and cottfi><med, ~ by theses presents does grant, Uargain, sell, alien, ettfeoff, release, oonvey and cor~rm unw Grantee, its successors and assigns, the fullowittg described property to- wn: of North ALL THAW CER'CAIN lot or tract of Iand being sitatated in the Towosbip 11Dddtotom, Cumberland Cooney, Pennsylvania, said iat being Lot ti4 as shown an a "Final Subdivision Plat fort LogistiCentcr et Carlisle Lots 2, 3 8t 4, p by H• sward Black end A,SSOcia~~ P.C. dated December 12, 2005, last revised 3uly 10, 2046 said plan being r+ccorded i~ the Recorder Of Deeds Office in Cumberi~ Ca~t3' in PIan Hock 92, Page 148, said lot being more particularly bounded and described as follows BEGINNING at a concrete monument, said paint being a ri ht of~way of 60 feet at S #on ~1`1CE along the eastern right of way of Allen Road, having $ mt ~ ~C common line of US+50.00 Nord 09 degrees 32 minutes S4 seconds West, 100.00 feet, to a P° l,,ot #1 and Lot #2; THENCE along said common lino North 80 degrees Z7 minutes 10 seconds Fast, 1273.85 feet, to a point on said common line; THENCE along a curve on said common line m the !oft having a radius of 270.00 feet, a length of 47.47 feet, a chord with a length of 47.41 feet and a bearing of North 75 degrees 24 mintrtts 56 seconds East, to a point on said commoo line; 'II~'NCE alot>,g >A curve vn said common I ine to the left having a radius of 270.00 feet, a length of 35.25 feet, a chord with a length of 35.x3 feet and as bearing of North 6~ degrees 3$ minutes 16 seconds F,,ast, to a P°170.61 f teEt, m a otint on 'THENCE slang said common iine North 62 degrees 53 minutes 50 secot>,dshaving a radius of 330.04 sa9d Cvttnmon line; THENt:,'E along a curve on said common i'me to the nigh feet, a length of 30.60 feet, a chard with a kngtb, of 30.58 feet and a bearing of North 65 degrees 33 minutes 11 seconds East, to a Point vn the commmon cvroor between Lot #} and Lot #4 said point being tltg TRUE P()YIYT QF l3EGINNYNG; TEII/NCE alor-g a curve on the common line botweefn Lot #1 and Lot #4 to the right having a radius of 35 AO feet, a length of 51.73 feet. a chord with a length of 47.1 S feet and a bearing of North 69 degrrecs 26 minutes 4$ seconds West, to a paint on said ovm7D1on tltsc; 'Tt•IENCE along said common iine the following two {2) courses: (1) Notch 27 degrees to amt vn said common 141.OS feet, (2) North 10 degrees 0? minutes d0 seconds West, 704.67 feet, po line; THENCE along a curve ott said common line to the right having a radius of 24x.50 feet, a length of 356.93 feet, a chord with a Icngtli of 325.06 feet and a bearing ofNotth 67 degree6 29 minutes 49 seconds 900K ~$Q P~~` GS'7 S L l 6g734py2J064470.00004 West, to a point on said common Line; T~NCE along said common lino North 24 danced ~ p m~~ny~s~~ seconds West, 7.56 Poet. to a point on the common corner between Lot #1, Lot #4, Turnpike Imerstatc 75; 'I'~N~ h Lavin a red u o 3 $,297 24 feat, a of 602.33 feet, a chord~ith Turnp~lce Irrterstata 76 to of North 7t3 de ees 24 minutes 37 Seconds East, to a point pn said a length of 1502.33 feet and a bearing i~x common line; THENCE along a curve on said common line to the left having a red North g7b9degt+oes~04 length of 1524.17 feet, a chord with a length of 1523.95 feet az~d a 1n6 McClur+~s Gap Road (S.R. mi~tutes 17 seconds East, to a poinrt on the common corner between Lot #4, A027), end the Pennsylvania Twstpike Interstate 76 'I7~NCE along du common line between Lot #4 and MoClures Gap Road {S.R. 4027) South x0 degrees Z7 rnipates 13 seconds East, S13.Q5 fee#, to a point on said comrixon line; TEIE'NCE along a otm-e on said common lino to the right having a ttidius of 520.00 feet, a length of I$9.83 feet, a chard with a length of 18$.77 feet and a bearing of South 09 degrees 59 minutes 45 seconds East, to a point on said common lino; 'TfiENCE along said c~1CE aloeg a degrees 27 minutes 44 seconds Walt, 302.64 feet, to a point on said common line; cutvc on said common line to the left havir-g a radius of 190,40 feet, $ lan8th of 118.59 feet, a chord with a length of 109.03 feet and a bearing of South 16 degrees I2 ininutrs 43 seconds East, ~ a point on said 't"FIENC>r along the eastern boundary of Lot #4 South 00 degrees 15 minutes 30 seconds common line; West, 18.55 feet, to a point on the comrtton lino between Trot #3 and Lot #4 . TITFi+iCE along eastern boundary of I..ot #4 South 44 degrees 03 minutes S6 seconds West, 16.21 feet, to x point on said common (ire; T'I~ICE along a curve on said common line tQ the right having a radius of 270.Q0 feet, a length of 174.17 feet, a chord with a lcn~ttt of 171.1? feet and a beating of Srnrth 61 degn0es Z3 minutcs 3 I seconds West, to a point on said common Iine; 'I'E)I~:NCE along said camrno 21in~~ 79 de t ~~ (iuinu6es 20 (1) South 79 degrees 52 minutes 20 seconds West, 13$9.24 feet, () BY'° seconds West, 1177.65 fact, to a point on said common line; 'T'HENCE along a curve on said commou line to the left having a radius of 330.00 feet, a length of 57.17 feet, s chord with a length of b7.05 feet and a bearing of South 74 degrees 02 minutes 27 seconds West, to the TR[JE POINT OF $EGII~ITdIN~i . Cpri'T,~TING: 3,215,574 square feet (73.822 acres) ofland, mare or less. ~~~~ ~,~, OlF ~ pgEMISES which Margaret E. Dyarnursit by her deed rcvarded June 2, 2005 in Deed Book 274 page 4545 in the office of the Rccor3cr of Deeds in and for Cumberland Cflunty, pent>s5'lvatda, granted and conveyed unto DP Industrial, L~LC, their Deed as well as BEIlVG PART OF fi'HE ~ which 7o1ut M. Lippert ~ b3' recorded June 30, 2005 at the Recorder of Dcods ie ar-d for Ctrni~rlattd ~~YT as Rcrord Book 269, page 3209, g~terl atYd conveyed unto DP Lidu~ welt as BEING PART OF'~ ~~~ which Jane Bolan Sullivan and t3eorse Y; Douglas, III, Executors of the F,sts~ of I-iaxel M Gramme, by its > ~~ March 2= 200b in Deed Book 273 page 1926 in the office of the Recorder ~ I ~~ ~~'larad County, PeswsYl~~ as well as BEING PA~t,'f O~ TIC grantod and conveyed unto DP Industrial, LL ' vacated by iardinattce No. 204b-07 fled to Road PIrENIISIPS which North Middleton Township Clerk of Courts Office on June 14, 2t]06, which ~7ocket MD 449 of 2005 in the Ctirnbcrland CO1mh' t3rantor hexein. prdiraance reverted the right-of-way to the abutting pmpe~j' owns, 'THIS ~ A CONVEYANCE fi0 CONSOL~ATE ~RTIbNS (JF PREIVIIBES ItEFJP~NCED A)i1OVP AND A,I,READY OWNED I$Y G1tANTDTt IN'T'O dI~IE LOT W1'1'R (?NE LEGAL AE3~RII'TIUN, AS 1;V~0IiI+: FULLY APX'EARS ©N TIES IE~R]EIN REFIERTNCED PLAN AND I51'IIEREFDRE E7~MPT F'IR[1M ItEALTX 11ZANSFE~ TAX. 800 ~$O PAGE GS8 SLS 6973g0,r21064470.0000~ TOGETR~R with all grad singular the reneaae>~, hereclitameaats and apparbonances to the same belonging or in anywise appertaining, and the reversion atxl xeversaons, rte' and remainders, rents, issues end prof is tlteneof; AND AISO all the estate, riBit, title, ir~tenst, pro~pcrtY~ er, hotly in iaw and equity, of G.~ntor o~ iA, ba oz out of the said claim and demand ~ premises, and eve~ty p~ and parcel thereof 'I'Q DAVE AND T4 HOLD the said pzerraises, with all and singu-Iar the appu~beaan~ces, unto Grantee, their heirs arad assigns, tv and for '~ o~Y PrOI~ use ~ behoof of Grantee, its successors and assigns forever. AND the Grantor, its successors and assigns, does by these presents, covenant, ! ~ to sand with C3rantee, its successors and assign., tlyat Grrarator, its successors aricl assigtLS, all agree or mentioned and and singular the heredit~accnents and premises hereiua above described aztd g~~ ainst Gttmtor, intended so to bc, with the appurtenances unto Cnantx, its su~cc~ssars and assigns, erg all grad every other person err persons, whomsoever, lawfully its successor atad assigns and against ~ shall and wi11, by these presents, WAS' claiming or to claim the same or any P~ SPECIALLY AND FaRlr'VER DI/FEND. IN WITNESS WIiE)REO~F', ara~' has hereunto caused this Deed to be e7cec~rtad thG day anti year first writteD~ above. GRANTOR Tip INDUSTRIAL, L);.C, A, Delaware lianited liability company ay: DP Venture Ca. LI,.C, a Delaware lirraited liability pptripany, ManaB~ ATTEST: BOOx ,~$Q PACE 6S9 SLi 69734~1D6d470.~4 sy: DP Investors Co. LLC, a Delaware limited liability cozatpeay, Msn~nB Member STATE OF ~h covrr~ o~ On this, the ~ ~ ~~~' of ~ y ` ~i~ A.D. X007, before me the ed Michael DeY who a,ckxaowledged hiJZl~lf to be the undersigned officer, personally appear M er of DP Manager o£DP Im+estors Co. LLC, a Delaware Limited Lis~bility Company, aaJtg Venture Ca., LLC, a T)elJtware Limited Liability Company, Maaagi~tg Member or DP Industrial, LLC, a Delaware Limited Liability Company, the foregoiug comp~y, and ~ such, he, being authorized by such corporation tp do so, executed the foregoing deed for the purpose therein contained by signing his name thereon as such. IN WITNESS W[~Rfi4F, I hereunto set my het~d and official seal. ~~~'~J/--~ {SEAL) My Comtntssion 8xpires: ~a'~ ~a~) Notary 1~Jblic JUIELANJE LASS I HEI~EHY CERTI>a Y, that the precise residence of the Crzantiee is: No>Ay a~~c - spa or rra~+^da ~ JipQai~oart Jt~oo~d a YY~ aoarY JJa ce•ioo~o~2 -~n+oo~oba'JM,2000 uxMxlx.i«»MM,MI W,NMMYYN ~t r~ ~~~ cOlvavlaNwE~,L'~ ol~ 1'ENNS~tl.vtuviA cam of culv~Ei~Axn Recorded on this day of Office of the said County in Deed Book + ~ the said C?,~ice, the date above written. )~ p.D. ao , in ~ Recorder's . Cir-en under my kurnd atxi the seal of I ~::~~cL: ~~+ ~~t~s to ~~e reC4rdt'~ ~~ Cun~lacrtand County P,~ Recorder ~~c 28~ ~a,f GBH SLJ G97340Y2/064470.00004 ._.-. _ ' OMMONWEAL'1'H OF PENNSYLYANUt xtEALTY ~'I,tANSF1~A T,AX ~ bEPA1tTb>ENT OF };a',g1rt+NUE STA'~'~MEN'I' OF VALVE $U[tEAU QF 1Nii1IVIDUAL TAXES 17th'. 280603 gpp,)Z1g81JRG PA 17128-0803 9818 Aevettye iXor Instractlatoe each eeeden and flk io duplideb 111d111~der orDeeae r~ (1) the Mll rWd ~f~tri~as be.arbra~a'13)ate~ao:~l~ueWaKd. A3tren>wtliVdaoha~at~' ~ R$CORbSR'S U5~ ONLY _ ~ ..---- M--- ,._,. pµ~npt no'm 1~x bead an, (1) ~~~Y eae ' er k W~ auemea<. o o.oR CUR1t~5PONDL+'PiT Ali ~np ...~... ~.._.. _ -- pirie~ >~ be dEtrottcd to the foliorlni pergola: ' - ne% Telephone irum ~ 3VL'NS & I.EE • ]Roaold M. Lveee Es . Arne Code 1 255-935`1 yet Address 17 TI.2nd 3treeG N~bur& PA 17101 TR,ANSFEA DA'I"E Dote a! A of Dncummt ntor(aY~oKs) C,rap{00(a)~e.ee(a) Indosarial, [.LC bP lndwt~inl, t;LC :at Addrde Shear Address 0 Folahtial Blvd. 1209 Fin•nGat Blvd. S~ ~ Code City State 7.1p Code ~ w Ny 89502 Reno T1V 89502 ~ ~~ city, rownsltlp, t3orvugh 4 oFPIeQ, Book 92 p, t 48 North Middloovn Tawrohip School p~,~ raz Parcel Number xnty M>3ERLAND ~~ p~ g~i biah'i4t part of 29-f1B-11579-Ot6, 29-08.0579-003 AND 29.07.D471-039 VALUATION DATA Actual C.eh Censfdeeadon 2. Other ContWeltadon 3. Toml Conaider+tian - $1.00 l.oo Coarrty Aaaeafed Value + a ~ Cotrmlon Level patio Fewtor ^. Pair M Vp~ 4P E?~MPIZON DATA Amount ofExemPtw°h Clabned 1 b. Petrsnlage of lmanat Coeveyad 1009, 1o0u will or Inteaua sucaeaeien. FataSe 618 Nmnber) (NemavafDnDOdene) ( . rsah,fer m tnduatrlal Develapmam Agency. Tt7nafrr to a hVK. (Attaah sompkbe copy of that e~gt+eetteettt identifying all batedoierim.) Ty+mffer belNroatt principal ~ a6~ tAttadt oompleee copy of sgenay/saaw puty agteanenR~ er iR: Hsu of Trahafea to Sha Cavonaomweelti+, the UmEed 3taees ehd inemaneohlidee by BiR, do4 oonde®hation. (Ifeondeamatfion or in five of'iondem~ a ofr~folien.) rtaoafar hrnn awrlgagor to a bolder of araortga8e ' Baok Nambx _, Page Ntwbor Cotractive or eoutfitftnrtory deed. (~-ttech complete copy of the pelo- dead being torroeoed m coodicmed.) 9undory ~ exteaolidalion, nmrger ar divmion. {Attach copy of atlielee.) Udur (Please e><plaut mueft>pliea ebtitt-ed, if other that llatad ebDVe.) Thb Y tt conayavaa to oouollda,e pardam of la>•d cae~evad to Csnlor, i.te let 4 ttrlRi Otte 11ep1 daerlhti0l fir ttM Yaeotdad v4a,_P1aro hoot 9L 1(46. -- paaalllaa o[ law, i re liar I Neva e=aflaMod Ilia 9eateraeat~ leai~dhat roao^ isternaatit>f, aeMt to tM fiat o1' oay eaa8 E elera+ret ~ ~ ~1 0 7' of ~1~Y J ~TR>i: Tlf '!<'~ T~81-ORM ~tOplrYtLY OR ATI'~lC~ nrrlacwaea+a41 T,ZECpgp)~'S)~t78AL Tt) R1sCUAri'l~ DEER. e~att 280 ',cE 6b:~ n ~ G7 ~`-~• :~ ~ _~ --n ~~ ~ _t". ti A ~ V .. L. f ~~ ~~~' , V f.. ... J ~_ ('a~ T:r :.~~ 0 Carol L. Verish, Esquire Attorney I.D. No. 91284 Keefer Wood Allen & Rahal, LLP 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 Phone: (717) 255-8000 Fax: (717) 255-8050 Email • cverish ,keeferwood com Attorneys for The Whiting-Turner Contracting Company THE WHITINGTURNER CONTRACTING COMPANY, Claimant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DP INDUSTRIAL, LLC, Owner NO.: MECHANICS' LIEN CERTIFICATE OF SERVICE I, Carol L. Verish, Esquire, one of the attorneys for Claimant, The Whiting-Turner Contracting Company, hereby certify that I have served the foregoing paper upon DP Industrial, LLC, in accordance with Paragraph XIII of the August 14, 2006 contract between Claimant and DP Industrial, LLC, by mailing a true and correct copy of the same via certified United States mail, first-class postage prepaid, addressed as follows: DP Partners P.O. Box 7098 Reno, NV 89510 KEEFER WOOD ALLEN & RAHAL, LLP • 1 ~ 2007 B ~ ~ Dated. Ju y ~ Y arol L. erish C a '°~ ~- G_~ ~~ ~ _ c._ --a ' ~- ~- ~ i 1 !._. ~~ ~ ~ ~~ri O "`~'J _.. ~- : f_ t1^+ `~jf'+i _ _ `~^~~. _..._ -~ ~ j'+,1 •- i Carol L. Verish, Esquire Attorney I.D. No. 91284 Keefer Wood Allen & Rahal, LLP 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 Phone: (717) 255-8000 Fax: (717) 255-8050 Email: cverish ,kee erwood.com Attorneys for The Whiting-Turner Contracting Company THE WHITINGTURNER CONTRACTING COMPANY, Claimant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No.: ®7 - ~l yS~ ~r 1~~ MECHANICS' LIEN DP INDUSTRIAL, LLC, Owner NOTICE OF FILING OF MECHANICS' LIEN CLAIM You are notified that a mechanic's lien claim in the amount of One Million Three Hundred Sixty-five Thousand Three Hundred Eighty-six dollars and Fifty-one cents ($1,365,386.51) plus applicable prejudgment interest accruing from the date of contract completion until fmal payment has been filed on behalf of The Whiting-Turner Contracting Company, against the property being situated in the Township of North Middleton, Cumberland County, Pennsylvania said lot being Lot # 4, as shown on a Final Subdivision Plat for LogistiCenter at Carlisle Lots 2, 3 & 4, as more particularly described in the deed recorded in the Cumberland County Recorder of Deeds Office Book 280, Page 657 of which you are the owner or reputed owner. The claim was filed on July 13, 2007, in the Court of Common Pleas of Cumberland County, as of Term, 2007, No. ~ ~~ ~/~~S M l.~ . A copy of the claim is attached. KEEFER WOOD ALLEN & RAHAL, LLP • 1 2007 B V )ato1. Ju y ~, y CAROL L. VERISH Attorney I.D. #91284 Attorneys for Claimant, The Whiting-Turner Contracting Company r~ ~~ e~ -r, t. 7 `,._ C F _ `r~f~w ,~ ~_~ :: 1 ( ~:'7 _ S - ': ~s { _`r 'f ... . ~. Y Carol L. Verish, Esquire Attorney I.D. No. 91284 Keefer Wood Allen & Rahal, LLP 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 Phone: (717) 255-8000 Fax: (717) 25S-SOSD Email: cverish@keeferwood.com Attorneys for The Whiting-Turner Contracting Company THE WHITING-TURNER CONTRACTING COMPANY, Claimant vs. DP INDUSTRIAL, LLC, Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4145 MLD MECHANICS' LIEN PRAECIPE To the Prothonotary: Please enter satisfaction of the mechanics' lien claim in the above-captioned action, upon payment of your costs only. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: July Zlo , 2007 B AR L. VE SH A orney I.D. #9 284 Attorneys for Claimant, The Whiting-Turner Contracting Company Carol L. Verish, Esquire Attorney I.D. No. 91284 Keefer Wood Allen & Rahal, LLP . 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 1 71 08-1 963 Phone: (717) 255-8000 Fax: (717) 255-8050 Email: cverish kee erwood.com Attorne s or The Whitin -Turner Contractin Com an THE WHITINGTURNER CONTRACTING COMPANY, Claimant vs. DP INDUSTRIAL, LLC, Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.. MECHANICS' LIEN CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe was served upon the following by first class mail, postage prepaid on July 26, 2007: DP Industrial, LLC c/o CT Corporation 1515 Market Street Suite 1210 Philadelphia, PA 19102 Dated: July ~~ , 2007 DP Partners 200 N. 3rd Street Suite 1402 Harrisburg, PA 17101 DP Partners P.O. Box 7098 Reno, NV 89510 KEEFER WOOD ALLEN & RAHAL, LLP By arol Veris r~~ C`> _.t ~ ,- _~-, ~' ~ 1 s ~. S _ • • Sh ~`~ )~ ~ ~ w t~ -q ~ ~ J .Q ;C,`~ YV~~ Cr, ...5 ,-_ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-04145 P ,COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHITING-TURNER CONTRACTING CO VS DP INDUSTRIAL LLC R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named OWNER to wit: DP INDUSTRIAL LLC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within MECHANICS LIEN CLAIM On August 15th 2007 this office was in receipt of the attached return from PHILADELPHIA Sheriff ' s Costs : So answers : ,..~ -=~-->--~' .• Docketing 18.00 __ Out of County 9 . 00 -°'_--~ ~ ~-~"'~~--''"`~'~`~L'"r ~s Surcharge 10.00 R. Thomas Kline Dep Philadelphia 116.00 Sheriff of Cumberland County Postage 2.67 155.67 sla~f 6~ ~- 08/15/2007 KEEFER WOOD ALLEN RAHAL Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-04145 P .COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHITING-TURNER CONTRACTING CO VS DP INDUSTRIAL LLC R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named OWNER to wit: DP INDUSTRIAL LLC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within MECHANICS LIEN CLAIM On August 15th 2007 this office was in receipt of the attached return from DAUPHIN Sheriff ' s Costs : So answer~r ----~ -~' --- _ ._. Docketing 6 . 00 ..` ,~~- .....~~ ..~` -- ~...... _ _.. Out of County 9.00 '--~'~ ~ -'~/` Surcharge 10.00 R. Thomas Kline Dep Dauphin County 29.25 Sheriff of Cumberland County Postage 2.67 56.92 sl ~~~~1°~ 08/15/2007 KEEFER WOOD ALLEN RAHAL Sworn and subscribe to before me this day of , A.D. In The Court of Common Pleas of Cumberland County, Pennsylvania ' The Whiting-Turner Contracting Ccxnpany VS. DP Industrial LLC No. 07-4145 civil Now, July 16, 2007 hereby deputize the Sheriff of I, SHERIFF OF CUMBERLAND COUNTY, PA, do Philadelphia deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. A,ffdavit of Service Now, ~,{ ~' ~ , 20 0~, at ~' ~ o'clock GC~. M. served the within ~- ~C~(?~1 L5 l~ ~ upon ~ ~ji}'1(~u,~ I ~ ~ ~/~ at (~l' ~:~ by handing to ~ ~ ~ ~~ ° •~ _I~ ~' a copy of the original and made known to the contents thereof. So answers, ~~ y ~~~ ~ ' ~(L~5 S ~~ ~ ~ County, PA COSTS Sworn and subscribed before SERVICE $ me this ~ day of , 20 ~ MILEAGE AFFIDAVIT .L-- NOTARIAL ScAL MELISSA N. KAPLAN, Notary Public City of Philadelphia, Phiia. County M Cummissien Ex~if~es P,,r.q;`r•!7 ?Q 2008 In The Court of Common Pleas of Cumberland County, Pennsylvania ' The Whiting-Turner Contracting Company . VS. DP Industrial LLC No. 07-4145 civil Now, July 16, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. /~ Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at 20 , at o'clock M. served the by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA (~#~iCE LT~ ~~ ~~Exi~f :l Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania THE WHITING TURNER CONTRACTING COMPANY vs County of Dauphin DP INDUSTRIAL LLC Sheriff's Return No. 1044-T - - -2007 OTHER COUNTY N0. 07 4145 MLD AND NOW: July 20, 2007 at 11:15AMserved the within NOTICE OF FILING MECHANICS LIEN CLAIM upon DP INDUSTRIAL LLC by personally handing DP PARTNERS to ERIC SCOTT MGR 1 true attested copy(ies) of the original NOTICE OF FILING MECHANICS LIEN CLAIM and making known to him/her the contents thereof at 200 NORTH 3RD STREET SUITE 1402 HARRISBURG, PA 17101-0000 Sworn and subscribed to before me this 20TH day of JULY, 2007 u~~c./ NorARZAr sEAI. MARY JANE SNYDER, Notary Public I-iighspire, Dauphin County My Commission Expires Sept. 1, ZOIO So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $29.25 PAID BY COUNTY WEVODAU