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HomeMy WebLinkAbout07-76580 ALLIED BUILDING CORPORATION, : IN THE COURT OF COMMON PLEAS OF Claimant : CUMBERLAND COUNTY, PENNSYLVANIA V. BRANDYWINE CENTRAL, L.P.; CAMP HILL REALTY ASSOCIATES, LP; and DELOITTE & TOUCHE USA, LLP, Owners :NO. d Al • All MECHANIC'S LIEN CLAIM rrr. `7? 1. Claimant, Allied Building Corporation ("Allied"), a Pennsylvania corporation with offices located at 3773 Corporate Parkway, Suite 390, Center Valley, Pennsylvania, files this mechanic's lien claim as subcontractor. 2. The owners of the property subject to the lien are: A. Brandywine Central, L.P. (`Brandywine"), a Pennsylvania limited partnership with an address c/o of Brandywine Realty Trust, 555 East Lancaster Avenue, Suite 100, Radnor, Pennsylvania. Upon information and belief, at the time Allied furnished the labor and materials hereafter described, Brandywine was the owner in fee of the property subject to the lien; B. Camp Hill Realty Associates, LP ("Associates"), a Pennsylvania limited partnership with an address of Suite 2G, 276 Riverside Drive, New York, New York 10025. Upon information and belief, Associates became the owner in fee of the property subject to the lien at some point after Allied furnished the labor and materials hereafter described; and C. Deloitte & Touche USA, LLP ("Deloitte"), a Delaware limited liability partnership with offices located at 1700 Market Street, Philadelphia, Pennsylvania. At all times material hereto, Deloitte had, and has, a leasehold interest in the property subject to the lien. 1 3. The date on which Allied completed the work for which claim is made was June 26, 2007. 4. Allied contracted with Structure Tone, Inc. ("Structure Tone"), contractor/construction manager, and gave formal notice of its intention to file this claim on November 21, 2007. A true and correct copy of the aforesaid notice is hereto attached marked as Exhibit A and incorporated herein. 5. This claim is made for the following labor and materials: Demolition of existing office $16,513.73 Interior Upfit of office space, to include Items listed on Structure Tone Purchase Order attached to formal notice 373,856.40 Change Order Work too numerous to describe Or to Attach, but referenced on Account Statement by Number and Corresponding Payment Application 112,158.00 Total $502,528.13 6. The amount claimed to be due is $502,528.13, plus interest. 7. The improvement and property claimed to be subject to the lien are the new Deloitte offices, located at 300 Corporate Center Drive, East Pennsboro Township, Cumberland County, Pennsylvania. 2 Dated: /24? ?0 -7 Respectfully submitted, Of Counsel Beckley & Madden 212 North Third Street Thomas A. Beckley P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Jo?G. tic Attorneys for Claimant 3 VERIFICATION I, Anthony Scarcia, Jr., hereby verify that I am an adult individual; that I am President of Allied Building Corporation, the Claimant in the foregoing Mechanic's Lien Claim; that I am authorized to make this verification in its behalf, and that the facts set forth in the foregoing are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Dated: Q/' 3/07 ,(, ?, ?, + A 1 BECH1 EV& MADDEN ATToPtNIMS AT LAW CUAMMRRY 000NT 212 NORM Tanw gT,,,W posyo--B=uses PRORM 17171288-7691 RARPUSIB G? PENNSYLVANIA 17108-1998 FAM 17191288-8740 Z-MAII. bedky@p..m FILE No. 401017 November 21, 2007 CERTIFIED AND FIRST CLASS MAIL Deloitte & Touche USA, LLP 1700 Market Street Philadelphia, PA 19103-3984 Brandywine Realty Trust 555 E. Lancaster Avenue Suite 100 Radnor, PA 19087 Re: 300 Corporate Center Drive, Camp Hill, PA 17011 Dear Sirs: We represent Allied Building Corporation ("Allied"). Allied performed construction work for your Deloitte & Touche USA, LLP's ("Deloitte's") construction manager/contractor, Structure Tone, Inc. ("Structure Tone"), in connection with the alterations and repairs to your property at 300 Corporate Center Drive, Camp Hill, Pennsylvania, in accordance with the attached purchase order. There is presently due to Allied the sum of $506,222.13 in connection with this work, as shown on the attached account statement. Allied completed the work for which it is making claim on June 26, 2007. This letter will constitute formal notice of Allied's intention to file a mechanic's lien claim for its work on the project. Very ly yours, John G. Milakovic a-, A ?-?'URCHASE ORDER 12/20/06 RE6C,?EDCantract _ STRUCTURETO N E 770 Broadway DEC 2 6 2006 New York, NY 10003 (212) 481-6100 AMED 011DING CORPORATION ro: ALLIED BUILDING CORP. JOB NAME: Job Number 902047 3773 CORPORATE PARKWAY ADDRESS: DTT - HARRISBURG, PA SUITE 390 300 CORPORATE CENTER DR. CENTER VALLEY, , PA 18034 LOCATION: CAMP HILL, PA 17011 kTTN: INTERIOR UPFIT Vendar# YOU ARE HEREBY AUTHORIZED TO COMPLETE INTERIOR UPFIT OF JOB SITE BASED UPON ISSUE FOR BID AND PERMIT DRAWINGS PROVIDED BY HOK ARCHITECT AND EDWARDS & ZUCK ENGINEERING DATED 8/11/06. MED.-HS Item Number 00001 Item DeacrIDtio n Chan?xe Ord 00002 Filing Fees/Permits er EA00003 00003 Concrete Stone EA00003 00004 00005 Structural Steel EA00003 EA00003 00006 Millwork Fireproofing EA0@003 00007 Frames EA00003 00008 Wood Doors EA00003 00009 ir EA00003 00010 Metal & Glass EA00003 00011 Drywall EA00003 00012 00013 Ceramic Stone & Tile EA00003 EA00003 00014 Lath & Accoustic Car et - M EA00003 00015 p aterial Carpet Installati EA00003 00016 00017 on Paint&Wallcovering EA00003 EA00003 0 18 Misc. Specialities EA00003 ®0000 19 Toilet Accessories EA00003 - 00020 A/V Equipment EA00003 00021 Appliances EA00J003 00022 Plumbing Sprinkler Spriri EA00003 00023 HVAC EA00003 00024 Electrical EA00003 00025 Fire Alarm EA00003 00026 Lighting EA00003 00027 Data Communications EA00003 EA00003 +* Continued ** This Purchase Order is not binding until accepted This Purchase Order covers the contract amount only Additional work is to-bd billed separately Terms and Conditions on the reverse side are part of this Purchase Order sTETUR . 1 1 S -"UHL;HA5t URDER STRUCTURETON E AMF 770 Broadway New York, NY 10003 (212) 481-6100 12/20/06 Contract #: ro: ALLIED BUILDING CORP. JOB NAME: Job Number 902047 3773 CORPORATE PARKWAY ADDRESS: DTT - HARRISBURG, PA 300 CORPORATE .CENTER DR. SUITE 390 CAMP HILL, PA 17011 CENTER VALLEY,, PA 18034 LOCATION: INTERIOR UPFIT 4TTN: Vendor# 1 Item Number Item Descriotion Chanue Order 00028 Sound Masking/Paging EA00003 Please Review, sign and return the yellow copy of this contract to assure processing and payment. This Subcontract includes Sales Tax Pr.j Mgr-FRANCE, MICHAEL This Purchase Order is not binding until accepted This Purchase Order covers the contract amount only Additional work is to be billed separately Terms and Conditions on the reverse side are part of this Purchase Order C r T 3,519,086.00 J ? . t November 16, 2007 TO: StructureTone 770 Broadway New York, NY 10003 ATTN Michael France Job No 902047 JOB: 3173 Deloitte Office Demolition 12/31/2006 Application #4 JOB: 3173-1 Deloitte Construction Ph 01/31/2007 Application #4 04/30/2007 Application #5 04/30/2007 Retainage Draw 11/16/2007 Application #6 JOB: 3173-2 Deloitte Change Orders 02/28/2007 03/25/2007 03/31/2007 04/30/2007 05/31/2007 06/22/2007 Application #2 Application #3 Application #4 Application #5 Application #6 Application #7 ALLIED "" MC caRponjM914 a Scama Company STATEMENT Payments Balance Invoice Received Due Contract #'s 1 $ 20,207.73 $ ' $ 20,207.73 5 $ 181,412.08 $ 180,359.62 $ 1,052.46 5 $ 99,656.41 $ $ 99,656.41 5 $ 252,984.53 $ _ 5 $ 20,163.00 $ $ 252,984.53 $ 20,163.00 16 thru 44 $ 104,047.00 $ 93 580 00 45 thru 55 $ 17,472.00 , . $ _ 58 thru 62 $ 11,004.00 $ _ 63 thru 69 $ 8,470.00 $ _ 70 thru 71 $ 5,751.00 $ _ 73,75,80,82, $ 16,371.00 $ _ 83,85,86,93 44, 78, 79, 87, $ 46,123.00 $ _ $ 10,467.00 $ 17,472.00 $ 11,004.00 $ 8,470.00 $ 5,751.00 $ 16,371.00 10/19/2007 Application #8 89, 90, 92, 93, 11/16/2007 94,95,96, Application #9 98 $ (3,500.00) $ TOTAL AMOUNT DUE: PLEASE REMIT TO; ALLIED BUILDING CORPORATION 3773 CORPORATE PARKWAY, SUITE 390 CENTER VALLEY, PA 18034 $ 46,123.00 $ (3,500.00) $ 506,222.13 M1 (Domestic Mail, L.ry .A 0 F F C- I R1 Postage Certified Fee O Return Receipt Fee Q (Endorsement Required) C7 Restricted Delivery Fee O (Endorsement Required) Rl W Total Postage & Fees O r-n eo ieet,'t C3 PO box Nor?r?ri r (Domestic Mail f'U -A PEROYMM L ' C)FE M Postage -I' - Certified Fee ra i O Return Receipt Fee O (Endorsement Required) C] Restricted Delivery Fee O (Endorsement Required) ru M Total Postage & Fees C3 M C3 t: o.; 70 ` It R Box No. I -7? ¦ Complete items 1, 2, and 3. Also complete Item 4 N Restricted Delivery is deelred. ¦ Print your name and address on the reverse so that We can return the card to you. ¦ A this card to the back of the mallplece, or a front if space permits. .. 1. Article Addressed to: b2wdy?KNe 4041 /?usf 555 c as-!er Awe . A. signature X c ? Agent V ? Addre 13. Name) C. Tate of I ( i.. 7-, D. Is delivery address dRfwent from item 1 ? es If YES, enter delkwy address below: ? No ?qd f1pf , PP, l coos r( Marlines Mall ? &orees Mali ? Registered ? Return Receipt for Merchandlee ? insured man ? C.O.D. 4. Restricted Denveryt Aft roe) ? Yea 2. Article Number 7007 0220 0001 4376 5617 fnanslbr ndm oervks k1w F PS Form 3811, Febutry 2004 Darile?tlc 1025e5.02•M-1840 ¦ Complete iteme 1, 2, and 3. Also cdrnpiete Item 4 M Restricted Delivery Is desired A. 8iprun . ¦ Print your name and address on the reverse eo that we can re[um the card to o X ? Agent y u, ¦ Attach this card to the back of the mallpieoe, or on the front if space permits. e' b' MWOOd 1 C. 1Ar de Addressed to. D. Is delivery address ?gryerent from Rem 1? a Yea L / f? ?eo i l? e it 7o-uc hee Wa H YES, enter deftmy address below ? No _ 1900 ?rhie S4r e-4 Ph 4de%hio, PA /7/03-3, O}? L 3. s.rwolype 2. Article Nunt*r - M wwbrnonrssrvbe lseirlj P8 Form 3811, February k& B?Certllled Men ? 8PIes Man ? RGUIM RWWM for Mwohandiee 4. ReaMoted Wiyary? oft roe) ? Yes 71107 0220 0001 4376 5624 Return Race" 1 -M,bao x ., N C r 0 r ?I..J ty C? Q rr1 C--) ?a 431 c_r1 C? 23 ?c ?rn L{ 10 ALLIED BUILDING CORPORATION, Plaintiff v. BRANDYWINE CENTRAL, L.P.; CAMP HILL REALTY ASSOCIATES, LP; and DELOITTE & TOUCHE USA, LLP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-7658 MLD TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentaan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otrqa reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 ALLIED BUILDING CORPORATION, Plaintiff V. BRANDYWINE CENTRAL, L.P.; CAMP HILL REALTY ASSOCIATES, LP; and DELOITTE & TOUCHE USA, LLP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7658 MLD TERM COMPLAINT IN ACTION UPON MECHANIC'S LIEN 1. Plaintiff is Allied Building Corporation ("Allied"), a Pennsylvania corporation with offices located at 3733 Corporate Parkway, Suite 390, Center Valley, Pennsylvania. 2. Defendants are: A. Brandywine Central, L.P., a Pennsylvania limited partnership with an address of c/o Brandywine Realty Trust, 555 East Lancaster Avenue, Suite 100, Radnor, Pennsylvania; B. Camp Hill Realty Associates, LP, a Pennsylvania limited partnership with an address of Suite 2G, 276 Riverside Drive, New York, New York; and C. Deloitte & Touche USA, LLP, a Delaware limited liability partnership with offices located at 1700 Market Street, Philadelphia, Pennsylvania. 3. The name and address of the contractor with whom Allied contracted is Structure Tone, Inc., 770 Broadway, New York, New York. 4. On December 21, 2007, Allied filed a mechanic's lien claim in the Court of Common Pleas of Cumberland County, Pennsylvania, at No. 07-7658 MLD TERM, a true and correct 1 copy of which mechanic's lien claim is attached hereto as Exhibit A and the averments of which are hereby adopted by reference and incorporated herein. 5. Subsequent to the filing of the mechanic's lien claim, Allied received a partial payment, in the amount of $127,784.00, by means of a check. Assuming that the funds clear on the check, that would still leave a principal balance due and owing of $374,744.13. WHEREFORE, Allied demands judgment in the principal amount of $374,744.13, plus interest from June 26, 2007, plus costs. Dated: V9/0% Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, %n446 al&?gM Thomas A. Beckley ohn G. Milakovic Attorneys for Plaintiff 2 VERIFICATION I, Anthony Scarcia, Jr., hereby verify that I am an adult individual; that I am President of Allied Building Corporation, the Plaintiff in the foregoing Complaint in Action upon Mechanic's Lien; that I am authorized to make this verification in its behalf; and that the facts set forth in the foregoing document are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: Anthony Scarcia, J Pr ident k ALLIED BUILDING CORPORATION, : IN THE COURT OF COMMON PLEAS OF Claimant : CUMBERLAND COUNTY, PENNSYLVANIA V. BRANDYWINE CENTRAL, L.P.; CAMP HILL REALTY ASSOCIATES, LP; and DELOITTE & TOUCHE USA, LLP, Owners :NO. nSS -n MECHANIC'S LIEN CLAIM 1. Claimant, Allied Building Corporation ("Allied"), a Pennsylvania corporation with offices located at 3773 Corporate Parkway, Suite 390, Center Valley, Pennsylvania, files this mechanic's lien claim as subcontractor. 2. The owners of the property subject to the lien are: A. Brandywine Central, L.P. ("Brandywine"), a Pennsylvania limited partnership with an address c/o of Brandywine Realty Trust, 555 East Lancaster Avenue, Suite 100, Radnor, Pennsylvania. Upon information and belief, at the time Allied furnished the labor and materials hereafter described, Brandywine was the owner in fee of the property subject to the lien; B. Camp Hill Realty Associates, LP ("Associates"), a Pennsylvania limited partnership with an address of Suite 2G, 276 Riverside Drive, New York, New York 10025. Upon information and belief, Associates became the owner in fee of the property subject to the lien at some point after Allied furnished the labor and materials hereafter described; and C. Deloitte & Touche USA, LLP ("Deloitte"), a Delaware limited liability partnership with offices located at 1700 Market Street, Philadelphia, Pennsylvania. At all times material hereto, Deloitte had, and has, a leasehold interest in the property subject to the lien. (?'rr n rr t1- y y 71 m . .? CSt ` J 1 3. The date on which Allied completed the work for which claim is made was June 26, 2007. 4. Allied contracted with Structure Tone, Inc. ("Structure Tone"), contractor/construction manager, and gave formal notice of its intention to file this claim on November 21, 2007. A true and correct copy of the aforesaid notice is hereto attached marked as Exhibit A and incorporated herein. 5. This claim is made for the following labor and materials: Demolition of existing office $16,513.73 Interior Upfit of office space, to include Items listed on Structure Tone Purchase Order attached to formal notice 373,856.40 Change Order Work too numerous to describe Or to Attach, but referenced on Account Statement by Number and Corresponding Payment Application 112,158.00 Total $502,528.13 6. The amount claimed to be due is $502,528.13, plus interest. 7. The improvement and property claimed to be subject to the lien are the new Deloitte offices, located at 300 Corporate Center Drive, East Pennsboro Township, Cumberland County, Pennsylvania. 2 Dated: /24 14 10'7 Of Counsel Respectfully submitted, Beckley & Madden 0 k46?j 212 North Third Street omas A. Beckley P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Jo?G. PhtaYo-vic Attorneys for Claimant 3 VERIFICATION I, Anthony Scarcia, Jr., hereby verify that I am an adult individual; that I am President of Allied Building Corporation, the Claimant in the foregoing Mechanic's Lien Claim; that I am authorized to make this verification in its behalf; and that the facts set forth in the foregoing are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Dated: f a/t 3/07 t BECHIMY& MADDEN ATToBNESrs AT LAw CRANBERRY COURT 218 NORTH THXEM STREET POST63 sicm JJLOM H w RM SBURG, PENNSYLVANIA 17108-1998 PHONE: (717) 288-7891 FAX, 1717) 938-3748 wwAa, beddey@pe.oet November 21, 2007 CERTIFIED AND FIRST CLASS MAIL Deloitte & Touche USA, LLP 1700 Market Street Philadelphia, PA 19103-3984 Brandywine Realty Trust 555 E. Lancaster Avenue Suite 100 Radnor, PA 19087 Re: 300 Corporate Center Drive, Camp Hill, PA 17011 Dear Sirs: M2 NO. 401017 We represent Allied Building Corporation ("Allied"). Allied performed construction work for your Deloitte & Touche USA, LLP's ("Deloitte's") construction manager/contractor, Structure Tone, Inc. ("Structure Tone"), in connection with the alterations and repairs to your property at 300 Corporate Center Drive, Camp Hill, Pennsylvania, in accordance with the attached purchase order. There is presently due to Allied the sum of $506,222.13 in connection with this work, as shown on the attached account statement. Allied completed the work for which it is making claim on June 26, 2007. This letter will constitute formal notice of Allied's intention to file a mechanic's lien claim for its work on the project. Very y yours, John G. Milakovi,,- : ........vim va awa?a a tL/G'fdf01 REIL ?-VE& ontract STRUCTURETON E DEC 2 6 2006 770 Broadway New York, MY 10003 (212) 481-6100 ro' ALLIED BUILDING CORP. 3773 CORPORATE PARKWAY SUITE 390 CENTER VALLEY„ PA 18034 ALUED SURDING COIDORM J013 NAME: Job Humber 902047 ADDRESS: DTT - HARRISBURG, PA 300 CORPORATE CENTER DR. LOCATION: CAMP HILL, PA 17011 INTERIOR UPFIT Vendor* kTTN: YOU ARE HEREBY AUTHORIZED TO COMPLETE INTERIOR UPFZT OF' JOB SITE BASED UPON ISSUE FOR BID AND PERMIT DRAWINGS PROVIDED BY HOK ARCHITECT AND EDWARDS & ZUCK ENGINEERING DATED 8/11/06. MED : HS Item Number Item Description Chance order 00001 Filing Fees/Permits EA00003 00002 Concrete EA00003 00003 Stone EA00003 00004 Structural Steel EA00003 00005 Millwork EA00003 00006 Fireproofing EA00003 00007 Frames EA00003 00008 Wood Doors EA00003 00009 Hardware EA00003 00010 Metal & Glass EA00003 00011 Drywall EA00003 00012 Ceramic Stone & Tile EA00003 00013 Lath & Accoustic EA00003 00014 Carpet - Material EA00003 00015 Carpet Installation EA00003 00016 Paint&Wallcovering EA00003 00017 Misc. Specialities EA00003 0.0018 Toilet Accessories EA00003 00019 A/V Equipment EA00003 00020 Appliances EA00003 00021 Plumbing EA00003 00022 Sprinkler EA00003 00023 HVAC EA00003 00024 Electrical EA00003 00025 Fire Alarm EA00003 00026 Lighting EA00003 00027 Data Communications EA00003 ** Continued ** This Purchase Order is not binding until accepted z4k LIZ This Purchase Order covers the contract amount only STRUCTURE TONE INC. Additional work is to"bi billed separately Terms and Conditions on the reverse side are part of this Purchase Order ,AILU EO y ?OWCOWWRATWH November 16, 2007 a Scarria Company TO: StructureTone 770 Broadway New York, NY 10003 ATTN Michael France Job No 902047 JOB: 3173 Deloitte Office Demolition 12/31/2006 Application #4 JOB: 3173-1 Deloitte Construction Ph 01/31/2007 Application #4 04/30/2007 Application #5 04/30/2007 Retainage Draw 11/16/2007 Application #6 JOB: 3173-2 Deloitte Change Orders 02/28/2007 03/25/2007 03/31/2007 04/30/2007 05/31/2007 06/22/2007 Application #2 Application #3 Application #4 Application #5 Application #6 Application #7 10/19/2007 Application #8 11/16/2007 Application #9 STATEMENT Payments Balance Invoice Received Due Contract #'s 1 $ 20,207.73 $ - $ 20,207.73 5 $ 181,412.08 $ 180,359.62 $ 1,052.46 5 $ 99,656.41 $ - $ 99,656.41 5 $ 252,984.53 $ - $ 252,984.53 5 $ 20,163.00 $ - $ 20,163.00 16 thru 44 $ 104,047.00 $ 93,580.00 $ 10,467.00 45 thru 55 $ 17,472.00 $ - $ 17,472.00 58 thru 62 $ 11,004.00 $ - $ 11,004.00 63 thru 69 $ 8,470.00 $ - $ 8,470.00 70 thru 71 $ 5,751.00 $ - $ 5,751.00 73,75,80,82, $ 16,371.00 $ - $ 16,371.00 83,85,86,93 44,78,79,87, $ 46,123.00 $ - $ 46,123.00 89,90,92,93, 94, 95, 96, 98 $ (3,500.00) $ - $ (3,500.00) TOTAL AMOUNT DUE: $ 506,222.13 PLEASE REMIT TO: ALLIED BUILDING CORPORATION 3773 CORPORATE PARKWAY, SUITE 390 CENTER VALLEY, PA 18034 G i . j 0 ' a. 1 5.4}N 7 L 1 r ? ?s t s 1 M" t s; fl C7 ?-;? '? c._ ?'?' fir, ? } ..?;- ',7L?: ? M •-. l? '??;.i ? t;`3'' Tj ?. C?? .? ? ALLIED BUILDING CORPORATION, Claimant V. BRANDYWINE CENTRAL, L.P.; CAMP HILL REALTY ASSOCIATES, LP; and DELOITTE & TOUCHE USA, LLP, Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7658 MLD TERM AFFIDAVIT OF SERVICE OF NOTICE I, John G. Milakovic, Esquire, being duly sworn according to law, do depose and say: 1. I am an adult individual and am one of the attorneys for Plaintiff in the above- captioned proceeding. 2. On December 21, 2007, I caused to be mailed to Owner Camp Hill Realty Associates, LP, at their address of Suite 2G, 276 Riverside Drive, New York, NY 10025, a Notice of the filing of the mechanic's lien claim in this proceeding. 3. The aforesaid Notice was delivered to the aforesaid address on December 24, 2007 and signed for by a person whose signature is not legible. A true and correct copy of the cover letter which accompanied the Notice, along with the return receipt, is hereto attached. I swear that I have read the foregoing and that it is true to the best of my knowledge. G. 1 akovic Sworn and subscribed Before me this day Ofya-.-7, 2008. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Notary Publi GERALDINE J. SCRBACIC, Notary Public City of Harrisburg, Dauphin County My COMTission Expires Nov. 20, 2010 r? y BECKLEYBL A1ADDEN ATTORNEYS AT LAW CRAXIMRRY COURT 212 NORTa TW" STREET POST OPWCZ 80%11998 HARMSIERMG, PENNSYLVANIA 17108-1998 PRONE: (717) 233-7891 PA :(73L7)283-3740 7C-ffiAITt paAd December 21, 2007 Camp Hill Realty Associates, LP Suite 2G, 276 Riverside Drive New York, NY 10025 CERTIFIED MAIL M NO. 401017 Re: Allied Building Corporation v. Camp Hill Realty, et al., No. 07-7658 MLD (Cumberland County, PA) Dear Sirs: Enclosed for service upon you is a Notice of Claim respecting the filing of a mechanic's lien claim in the above-referenced proceeding. Cc: Mr. Anthony Scarcia, Jr. Very truly yours, BECKLEY & MADDEN rte,,.. o G. Mi11akovic .. Postal CERTIFIED MAIL RECEIPT Ln (Domestic Mail Only; No Insurance Coverage Provided) M For delivery informatiort visit our wcbsitc at www.usps.com OF ICIAL USE m Postage $ Certified Fee a (o QJJ?y yQ~?tmark p c f Return Receipt Fee ` Here a p ndorsement Required) CO C3 trsc Delivery Fee N C3 r s rement Requlred) nj Total Postage & Fees $ (p . ?/ s C3 Sent o /J?m ?? /tCCL f 1?30ttw LC?Q S, L 1? p A-pt No.: ------ ------- Street, \ Sy?L, 0 or PO Bo 2 G x No. d l J - G? crry, state, z1P+4w l 1 of Complete treats 1 2, and 3. Also complete 4 Item 4 M ResMoted Delhrery is deeired. Print your name and address on the reverse so that we can return the card to you. Attach this'card to the back of the mailpiece, of on the f nt U speoe' permits. Amble Addressed to: _P "V awn" X 14 , Loit'. ? Agent ? Addrei B. Reoelved by (Pibto•d Nertre) C. Datp or rIffin a- Ala delm, eddteee from item 1 a If YES, saW delkery address below: O No ffcw w man a bprom Mdr / ? Registered O PAkM Recut for LftmhwW* Y' p D/ 7 G kwjW Mal 0 C.O.D. 4. Reebtated Dellveryt Oft Fes) pyres Ar"Number 71307 322 0001 4.376 5365 m4yawnonr serr+k e, bw r? O ? • N ALLIED BUILDING CORPORATION, Plaintiff V. BRANDYWINE CENTRAL, L.P.; CAMP HILL REALTY ASSOCIATES, LP; and DELOITTE & TOUCHE USA, LLP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7658 MLD TERM AFFIDAVIT OF SERVICE OF NOTICE I, John G. Milakovic, Esquire, being duly sworn according to law, do depose and say as follows: 1. I am an adult individual and am one of the attorneys for the Plaintiff. 2. On January 11, 2008, I caused to be served by certified mail, return receipt requested, upon Deloitte & Touche USA, LLP ("Deloitte"), a Notice of the filing of the mechanic's lien claim in the above-captioned matter, at the following address: Cunard Building, 25 Broadway, New York, New York 10004. A true and correct copy of the aforesaid Notice of Claim and accompanying cover letter is hereto attached marked as Exhibit A. 3. The certified mail was received by Deloitte on January 14, 2008, and signed for by a Joseph Crossi. A true and correct copy of the return receipt card is hereto attached marked as Exhibit B. I swear that the foregoing is true to the best of in ledge and information. U. Mi ovic Sworn and subscribed Before me this,)2wJ-day Of 0? , 2008. 'Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GERALDINE J. SCRBACIC, Notary Public City of Harrisburg, Dauphin County My Commission Expires Nov. 20, 2010 6xk?bi+A (/f l $ECKLEY& MADDEN AT'T`ORNEYS AT 1,Aw CAAWDZRX7 COURT 818 NORTH MMMM STRFXT POaT aWT%cmBOx 119" HAigjusBURG, PENNSYLvANiA 17108-1998 PRONE: (717) 888-7691 ]PAM (717) 888-8740 January 11, 2008 Deloitte & Touche USA, LLP Cunard Building CERTIFIED MAIL 25 Broadway New York, NY 10004 Re: Allied Building Corporation v. Brandywine Realty, et aL Dear Sirs: Enclosed is a Notice of Claim in the above-referenced proceeding. Very truly yours, BECKLEY & MADDEN ohn G. Milakovic ti r` _o r` M S r-q 0 0 0 0 ti ru ti PILE NO. 401017 y. r ALLIED BUILDING CORPORATION, Claimant V. BRANDYWINE CENTRAL, L.P.; CAMP HILL REALTY ASSOCIATES, LP; and DELOITTE & TOUCHE USA, LLP, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7658 MLD Term NOTICE OF CLAIM TO: Deloitte & Touche USA, LLP Cunard Building 25 Broadway New York, NY 10004 Please be advised that on December 21, 2007, there was filed in the Court of Common Pleas of Cumberland County, Pennsylvania, at No. 07-7658 MLD Term, a mechanic's lien claim, a true and correct copy of which is hereto attached. Thomas A. Beckley r ALLIED BUILDING CORPORATION, : IN THE COURT OF COMMON PLEAS OF Claimant : CUMBERLAND COUNTY, PENNSYLVANIA BRANDYWINE CENTRAL, L.P.; Z..o rnF. CAMP HILL REALTY ASSOCIATES, I; CID. ? LP; and DELOITTE & TOUCHE USA, LLP, Owners : cn p Cn G MECHANIC'S LIEN CLAIM 1. Claimant, Allied Building Corporation ("Allied"), a Pennsylvania corporation with offices located at 3773 Corporate Parkway, Suite 390, Center Valley, Pennsylvania, files this mechanic's lien claim as subcontractor. 2. The owners of the property subject to the lien are: A. Brandywine Central, L.P. ("Brandywine"), a Pennsylvania limited partnership with an address c/o of Brandywine Realty Trust, 555 East Lancaster Avenue, Suite 100, Radnor, Pennsylvania. Upon information and belief, at the time Allied furnished the labor and materials hereafter described, Brandywine was the owner in fee of the property subject to the lien; B. Camp Hill Realty Associates, LP ("Associates"), a Pennsylvania limited partnership with an address of Suite 2G, 276 Riverside Drive, New York, New York 10025. Upon information and belief, Associates became the owner in fee of the property subject to the lien at some point after Allied furnished the labor and materials hereafter described; and C. Deloitte & Touche USA, LLP ("Deloitte"), a Delaware limited liability partnership with offices located at 1700 Market Street, Philadelphia, Pennsylvania. At all times material hereto, Deloitte had, and has, a leasehold interest in the property subject to the lien. 1 3. The date on which Allied completed the work for which claim is made was June 26, 2007. 4. Allied contracted with Structure Tone, Inc. ("Structure Tone"), contractor/construction manager, and gave formal notice of its intention to file this claim on November 21, 2007. A true and correct copy of the aforesaid notice is hereto attached marked as Exhibit A and incorporated herein. 5. This claim is made for the following labor and materials: Demolition of existing office $16,513.73 Interior Upfit of office space, to include Items listed on Structure Tone Purchase Order attached to formal notice 373,856.40 Change Order Work too numerous to describe Or to Attach, but referenced on Account Statement by Number and Corresponding Payment Application 112,158.00 Total $502,528.13 6. The amount claimed to be due is $502,528.13, plus interest. 7. The improvement and property claimed to be subject to the lien are the new Deloitte offices, located at 300 Corporate Center Drive, East Pennsboro Township, Cumberland County, Pennsylvania. 2 Dated: /2-0-1 /0'? Respectfully submitted, Of Counsel Beckley & Madden 212 North Third Street omas A. Beckley P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 J G. Plvic Attorneys for Claimant 3 r VERIFICATION I, Anthony Scarcia, Jr., hereby verify that I am an adult individual; that I am President of Allied Building Corporation, the Claimant in the foregoing Mechanic's Lien Claim; that I am authorized to make this verification in its behalf; and that the facts set forth in the foregoing are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: ia/13/07 BECHIMY& MADDEN AwTonNzys AT ]LAW CRANBERRY COURT 212 NORTH T%=D STRBET POST 0N7 =x 11M HARRISBURG, PENNSYLVANIA 17108-1998 PRONE: f717/858-7691 FAIR (717) 439-8740 FrMAM bed ky@pamd November 21, 2007 CERTIFIED.AND FIRST CLASS MAIL Deloitte & Touche USA, LLP 1700 Market Street Philadelphia, PA 19103-3984 Brandywine Realty Trust 555 E. Lancaster Avenue Suite 100 Radnor, PA 19087 Re: 300 Corporate Center Drive, Camp Hill, PA 17011 Dear Sirs: VU No. 401017 We represent Allied Building Corporation ("Allied'). Allied performed construction work for your Deloitte & Touche USA, LLP's ("Deloitte's") construction manager/contractor, Structure Tone, Inc. ("Structure Tone"), in connection with the alterations and repairs to your property at 300 Corporate Center Drive, Camp Hill, Pennsylvania, in accordance with the attached purchase order. There is presently due to Allied the sum of $506,222.13 in connection with this work, as shown on the attached account statement. Allied completed the work for which it is making claim on June 26, 2007. This letter will constitute formal notice of Allied's intention to file a mechanic's lien claim for its work on the project. Very y yours, John G. Milakovis. STRU(JURETON E s 770 Broadway New York, NY 10003 (212) 481-6100 FO: kTTN: ALLIED BUILDING CORP. 3773 CORPORATE PARKWAY SUITE 390 CENTER VALLEY,, PA 18034 Vendor* YOU ARE HERtBY AUTHORIZED TO COMPLETE INTERIOR UPFIT OF' JOB SITE' BASED UPON ISSUE FOR BID AND PERMIT DRAWINGS PROVIDED BY HOK ARCHITECT AND EDWARDS & ZUCK ENGINEERING DATED 8/11/06. MED is HS Item Number Item Description Change Order 00001 Filing Fees/Permits EA00003 00002 Concrete EA00003 00003 Stone EA00003 00004 Structural Steel EA00003 00005 Millwork EA00003 00006 Fireproofing EA00003 00007 Frames EA00003 00008 Wood Doors EA00003 00009 Hardware EA00003 00010 Metal & Glass EA00003 00011 Drywall EA00003 00012 Ceramic Stone & Tile EA00003 00013 Lath & Accoustic EA00003 00014 Carpet - Material EA00003 00015 Carpet Installation EA00003 00016 Paint&Wallcovering EA00003 00017 Misc. Specialities EA00003 00018 Toilet Accessories EA0ib003 00019 A/V Equipment EA00003 00020 Appliances EA00003 00021 Plumbing EA00003 00022 Sprinkler EA00003 00023 HVAC EA00003 00024 Electrical EA00003 00025 Fire Alarm EA00003 00026 Lighting EA00003 00027 Data Communications EA00003 * Continued This Purchase Order is not binding until accepted This Purchase Order covers the contract amount oniy STRU TORE TONE INC. Additional work is to'bit billed separately Terms and Conditions on the reverse side are part of this Purchase Order 1PIEG VEU'lILrac* # DEC 2 6 009t AWED DURDING (ORPONON JOB NAME: Job Number 902047 ADDRESS: DTT - HARRISBURG, PA 300 CORPORATE CENTER DI LOCATION: CAMP HILL, PA 17011 INTERIOR UPFIT 1r _ STRUM JU RETO N E 770 Broadway New York, NY 10003 (212) 481-6100 TO: Job Number 902047 ALLIED BUILDING CORP. rAoe OB NaMNAME DTT - HARRISBURG, PA 3773 CORPORATE PARKWAY 300 CORPORATE-CENTER D' SUITE 390 CAMP HILL, PA 17011 CENTER VALLEY, , PA 18034 LOCATION: INTERIOR UPFIT 4TTN: Vendor# Item Number Item Description Change Order 00028 Sound Masking/Paging EA00003 Please Review, sign and return the yellow copy of this contract to assure processing and payment. This Subcontract includes Sates Tax Prj Ngr-FRANCE, MICHAEL This Purchase Order is not binding until accepted This Purchase Order covers the contract amount only Additional work is to'bi billed separately Terms and Conditions on the reverse side are part of this Purchase Order 5 ALLIED sY1LOMC CWtPORA7'/ON November 16, 2007 a Scamia, Company TO: StructureTone 770 Broadway New York, NY 10003 ATTN Michael France Job No 902047 JOB: 3173 Deioitte Office Demolition 12/31/2006 Application #4 JOB: 3173-1 Deloitte Construction Ph 01/31/2007 Application #4 04/30/2007 Application #5 04/30/2007 Retainage Draw 11/16/2007 Application #6 JOB: 3173-2 Defoitte Change Orders 02/28/2007 03/25/2007 03/31/2007 04/30/2007 05/31/2007 06/22/2007 Application #2 Application #3 Application #4 Application #5 Application #6 Application #7 10/19/2007 Application #8 11/16/2007 Application #9 STATEMENT Payments Balance Invoice Received Due Contract #'s 1 $ 20,207.73 $ - $ 20,207.73 5 $ 181,412.08 $ 180,359.62 $ 1,052.46 5 $ 99,656.41 $ - $ 99,656.41 5 $ 252,984.53 $ - $ 252,984.53 5 $ 20,163.00 $ - $ 20,163.00 16 thru 44 $ 104,047.00 $ 93,580.00 $ 10,467.00 45 thru 55 $ 17,472.00 $ - $ 17,472.00 58 thn162 $ 11,004.00 $ - $ 11,004.00 63 thru 69 $ 8,470.00 $ - $ 8,470.00 70 thru 71 $ 5,751.00 $ - $ 5,751.00 73,75,80,82, $ 16,371.00 $ - $ 16,371.00 83,85,86,93 44, 78, 79, 87, $ 46,123.00 $ - $ 46,123.00 89,90,92,93, 94,95,96, 98 $ (3,500.00) $ - $ (3,500.00) TOTAL AMOUNT DUE: $ 506,222.13 PLEASE REMIT TO: ALLIED BUILDING CORPORATION 3773 CORPORATE PARKWAY, SUITE 390 CENTER VALLEY, PA 18034 S rA I Y l i a l ftd W i r , }tilt i `' ..D Ln L- a ta m os ge p'?? d t Certified Fee } v : ki. b{ C O Return Receipt Fee . (Erogrsertient Required) 4 Here ` 1 t4 "' C Restricted Delivery Fee (FndomementRequited) t ?r, t ni ni Total Postage & Fees 1 I ti, y I{vkl?}'l?M1 M1 or POB=No?. . ___ I, - I ? o ' 7 t I SllJ t , i, >'I f 1 I r ? P t I iJ ! t' I '? rJ Iri goo f, _ t ?I 7 rM 4tF ;''t r r ? ?? a t 7? § r ' b + ?I? 'l ifY? Izrr rFd .fdl ? -ll ;p 1 G, S??Z C,-x h I b; ¦ Complete Rome 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and addmee on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the mallpleve' or on the front If space permft 1. Afte Addressed to: ;L t-:f ? Addeeees 7B.1 ? ? c. of DWWW s FC D. is ddve address dHt m, from Rem 1? ? Yee If YES, enter delivery addrses below: ? No s. Q'cerf W Mee ? B pm Md ? Meted ? Rd m RSOW for Mwohae bs ? kou ed Mali ? C.O.D. 4. RsedrMW DelMry? Pft FOO ? Yes r 2. (11eneN ? r Q [ r ®2[ ! I n ®i '4 31F 6` 7i 7`2 Ps Form 3811, February 2004 Domenic Retum Pmx*t ia2se?o t-,wo -T7 Lo ..10111iipilo+ COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. EDWARD SEGLIAS, ESQUIRE IDENTIFICATION NO. 55108 JOHN J. GRAHAM, JR., ESQUIRE IDENTIFICATION NO. 91595 30 South 17th Street, 19`h Floor Philadelphia, PA 19103 (215) 564-1700 Attorneys for Brandywine Central, L.P., Camp Hill Realty Associates, L. P., Deloitte & Touche USA, LLP, and StructureTone, Inc. ALLIED BUILDING CORPORATION, Claimant, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY BRANDYWINE CENTRAL, L.P.; NO.: 07-7658 MLD Term CAMP HILL REALTY ASSOCIATES, L.P.; and DELOITTE & TOUCHE USA, LLP, Owners. STIPULATION REGARDING POSTING OF SECURITY TO DISCHARGE MECHANIC'S LIEN It is hereby stipulated by and among counsel for Claimant, counsel for Owners and counsel for StructureTone, Inc. that the Mechanic's Lien filed by Allied Building Corporation ("Allied") shall be discharged pursuant to 49 P.S. § 1510(d) upon StructureTone, Inc.'s posting of a Bond Discharging Mechanic's Lien in the amount of $161,143.00, in the form hereto attached. BECKLEY & MADDEN ohn G. Milakovic Attorneys for Claimant COHEN, SEGLIAS, PALLAS, GREENHALL, & FURMAN, P.C. ??- (I)--- . r. wn CY4 COHEN, SEGLIAS, PALLAS, GREENHALL, & FURMAN, P.C. Ja StructureTone, Inc. r r m flip rn ra CS ?? V COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. EDWARD SEGLIAS, ESQUIRE IDENTIFICATION NO. 55108 JOHN J. GRAHAM, JR., ESQUIRE IDENTIFICATION NO. 91595 30 South 17`h Street, 19th Floor Philadelphia, PA 19103 (215) 564-1700 Attorneys for Brandywine Central, L.P., Camp Hill Realty Associates, L.P., Deloitte & Touche USA, LLP ALLIED BUILDING CORPORATION, COURT OF COMMON PLEAS CUMBERLAND COUNTY Claimant, V. BRANDYWINE CENTRAL, L.P.; NO.: 07-7658 MLD Term CAMP HILL REALTY ASSOCIATES, L.P.; and DELOITTE & TOUCHE USA, LLP, Owners. PRELIMINARY OBJECTIONS TO COMPLAINT IN ACTION UPON MECHANICS' LIEN Owners, Brandywine Central, L.P., Camp Hill Realty Associates, L.P. and Deloitte & Touche USA, LLP ("Owners"), by and through their undersigned counsel, hereby preliminarily object to the Complaint in Action Upon Mechanics' Lien filed by the Claimant, Allied Building Corporation ("Allied"), on the basis that the Mechanic's Lien Claim filed by Claimant is invalid as a matter of law. In support thereof, Owners state the following: BACKGROUND 1. Brandywine Central, L.P. ("Brandywine") is a Pennsylvania limited partnership with a principal place of business located at 555 East Lancaster Avenue, Suite 100, Radnor, 1 Pennsylvania. 2. Camp Hill Realty Associates, LP ("CHR") is a Delaware limited partnership with a principal place of business located at 276 Riverside Drive, Suite 2G, New York, New York. 3. Deloitte & Touche USA, LLP ("Deloitte") is a Delaware limited liability partnership with a principal place of business located at 100 Kimball Drive, Parsippany, New Jersey. 4. Brandywine is the fee owner of real property located at 300 Corporate Center Drive, East Pennsboro Township, Cumberland County, Pennsylvania (the "Property") 5. The Property is comprised of a 6-story office building, which is occupied by numerous tenants. 6. On or about August 2, 2006, Deloitte entered into a lease with Brandywine, pursuant to which Deloitte would become a leasehold tenant of the 1St, 3`d, 4th and 6th floors of the Property (the "Leased Space"). 7. Deloitte planned to utilize (and does currently utilize) the Leased Space as offices. 8. Prior to Deloitte's lease with CHR, the Leased Space was occupied by other leasehold tenants and was utilized as office space. 9. Although the Leased Space was utilized by the prior tenants as offices, Deloitte desired to perform tenant fit-out renovations to the Leased Space so that the Leased Space would better suit Deloitte's business needs. 10. Deloitte entered into a contract with StructureTone, Inc. ("STI"), pursuant to which STI would serve as the general contractor for the performance of the tenant fit-out work at the Leased Space. 2 V 11, STI, as general contractor, entered into a subcontract with Allied, as subcontractor, pursuant to which Allied would perform certain portions of the tenant fit-out work at the Leased Space (the "Subcontract"). 12. A dispute arose between STI and Allied regarding the quality of Allied's work at the Leased Space and the amounts, if any, that remained due to Allied under the Subcontract. 13. Allied last performed work at the Leased Space on June 26, 2007. 14. Prior to stopping work at the Leased Space, Allied did not provide Deloitte, CHR or Brandywine with the preliminary notice of intent to file a mechanic's lien required by 49 P.S. § 1501(a). 15. On December 21, 2007, Allied filed a Mechanics' Lien Claim against the Property in the amount of $502,528.13. 16. On January 9, 2008, Allied filed a Complaint in Action Upon Mechanic's Lien, in which it seeks recovery of $374,744.13 in connection with its Mechanics' Lien. 17. For the reasons set forth below, Allied's Mechanics' Lien Claim is legally insufficient on its face and as a result, Allied's Complaint must be dismissed with prejudice. A. PRELIMINARY OBJECTION OF OWNERS PURSUANT TO PA.R.C.P. NO. 1028(a) (2)• IMPROPER FORM - ALTERATION AND REPAIR 18. The Owners incorporate by reference paragraphs 1 through 17 above as though set forth at length herein. 19. Pa. R.C.P. No. 1028(a)(2) provides, in part: "Preliminary objections may be filed by any party to any pleading and are limited to the following grounds:... failure of a pleading to 3 conform to law or rule of court..." 20. Pennsylvania's Mechanics' Lien Law, 49 P.S. § 1101, et. seq., provides that: No claim by a subcontractor for alterations or repairs shall be valid unless, in addition to the formal notice required by subsection (b) of this section, he shall have given to the owner, on or before the date of completion of his work, a written preliminary notice of his intention to file a claim if the amount due or to become due is not paid. 49 P.S. § 1501(a) (emphasis added). 21. Under Pennsylvania law, when a contractor or subcontractor performs renovation work, such as tenant fit-out, where the "character and use of the [real property] remains the same," that work must be viewed as "alteration and repair" as defined by Pennsylvania's Mechanics' Lien Law. Wentzel-Applewood Joint Venture v. 801 Market St Assoc LP, 878 A.2d 889, 894 (Pa.Super. 2005), appeal denied, 587 Pa. 707, 897 A.2d 1184 (Pa. Apr. 11, 2006). 22. As set forth in its Mechanics Lien Claim, Allied admittedly performed "alteration and repair" work at the Leased Space. Specifically, Allied alleged that it performed "[d]emolition of existing office," as well as the "[i]nterior [u]pfit" of Deloitte's new office space. See Allied Lien Claim at ¶5. 23. Allied did not, prior to its completion of work, provide Deloitte, Brandywine or CHR with the preliminary notice of its intention to file a mechanics' lien claim required by 49 P.S. 1501(a). 24. Because Allied did not provide the requisite preliminary notice to the owners of the Property, its Mechanics' Lien Claim is legally insufficient on its face and as a result, Allied's Complaint must be dismissed with prejudice. 4 WHEREFORE, the Owners request that this Honorable Court sustain their Preliminary Objections and dismiss Allied's Complaint in Action Upon Mechanics' Lien with prejudice and award any other relief this Court deems appropriate. B. PRELIMINARY OBJECTION OF OWNERS PURSUANT TO PA.R.C.P. NO. 1028(a) (2): IMPROPER FORM - LEASEHOLD INTEREST 25. The Owners incorporate by reference paragraphs 1 through 24 above as though set forth at length herein. 26. Pa. R.C.P. No. 1028(a)(2) provides, in part: "Preliminary objections may be filed by any party to any pleading and are limited to the following grounds:... failure of a pleading to conform to law or rule of court ..." 27. Pennsylvania's Mechanics' Lien Law, 49 P. S. § 1101, et. seq., provides that: No lien shall be allowed against the estate of an owner in fee by reason of any consent given by such owner to a tenant to improve the leased premises unless it shall appear in writing signed by such owner that the erection, construction, alteration or repair was in fact for the immediate use and benefit to the owner. 49 P.S. § 1303(d) (emphasis added). 28. Pennsylvania courts have held that the written statement signed by the owner of a leased property, as required by 49 P.S. § 1303(d), is a condition precedent to a mechanics' lien claim being valid against the fee estate of the property owner. See e.g. Murray v. Zemon, 167 A.2d 253, 256 (Pa. 1961). Further, "[t]he claim filed must on its face show the existence of such consent to satisfy this requirement." Id. 29. The Mechanics' Lien Claim filed by Allied purports to lien the Owners' fee interest in the Property. See Allied Lien Claim at ¶7. 5 30. Allied's Mechanics' Lien Claim does not reference or attach a written statement, signed by the Owners, stating that Allied's work at the Leased Space was performed for the Owners' "immediate use and benefit." Because Allied's Mechanics' Lien Claim does not attach a written statement signed by the Owners, required by 49 P.S. § 1303(d),' the Mechanics' Lien Claim is legally insufficient on its face and as a result, Allied's Complaint must be dismissed with prejudice. WHEREFORE, the Owners request that this Honorable Court sustain their Preliminary Objections and dismiss Allied's Complaint in Action Upon Mechanics' Lien with prejudice and award any other relief this Court deems appropriate. C. PRELIMINARY OBJECTION OF OWNERS PURSUANT TO PA.R.C.P. NO. 1028(a) (2): IMPROPER FORM - MATERIAL OVERSTATEMENT OF AMOUNT IN DISPUTE 31. The Owners incorporate by reference paragraphs 1 through 30 above as though set forth at length herein. 32. Pa. R.C.P. No. 1028(a)(2) provides, in part: "Preliminary objections may be filed by any party to any pleading and are limited to the following grounds:... failure of a pleading to conform to law or rule of court..." 33. Pennsylvania's Mechanics' Lien Law, 49 P.S. § 1101, et. seq., provides that a mechanics' lien can be filed in an amount equal to "all debts due by the owner to the contractor or by the contractor to any of his subcontractors for labor or materials furnished" in connection with a construction project." 49 P.S. § 1301. I No such written statement exists. 6 34. The Mechanics' Lien Claim filed by Allied alleges that the amount of $502,528.13 is due from STI to Allied. See Allied Lien Claim at $6. 35. Notwithstanding its materially overstated lien claim, Allied admits that the disputed subcontract balance is only $161,143.2 See January 22, 2008 letter from counsel for Allied, attached hereto as Exhibit A. 36. Because Allied's Mechanics' Lien Claim is materially overstated, the Mechanics' Lien Claim is legally insufficient on its face and as a result, Allied's Complaint must be dismissed with prejudice. WHEREFORE, the Owners request that this Honorable Court sustain their Preliminary Objections and dismiss Allied's Complaint in Action Upon Mechanics' Lien with prejudice and award any other relief this Court deems appropriate. Respectfully submitted, COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. Dated: February 'X 1, , 2008 By' and Seglias, Esquire John J. Graham, Jr., Esquire Attorneys for Owners 2 STI has legal and factual defenses to payment of the entire subcontract balance that Allied alleges is due. 7 VERIFICATION John J. Graham, Jr., Esquire deposes and says that he is an attorney-at-law in the offices of Cohen, Seglias, Pallas, Greenhall & Furman, P.C., that he is authorized to make this verification, and that the facts set forth in the foregoing Preliminary Objections to Complaint in Action Upon Mechanic's Lien are true and correct to the best of his knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. HN J. HA , JR. 8 I CERTIFICATE OF SERVICE I, JOHN J. GRAHAM, JR., ESQUIRE, hereby certify that a true and correct copy of the Preliminary Objections to Complaint in Action Upon Mechanics' Lien has been served on this r ,21 day of February, 2008, via regular mail, on the following: John G. Milakovic, Esquire BECKLEY & MADDEN 212 North Third Street P.O. Box 1198 Harrisburg, PA 17108-1998 CJ J. HA , R. 9 V John J. Graham, Jr. Attorney At Law COHEN SEGUAS PALLAS PC February 21, 2008 United Plaza, 19th Floor 30 South 17th Street Philadelphia, PA 19103 T. 215.564.1700 1 F: 267.238.4445 jgraham@cohenseglias.com www.cohenseglias.com Via Overnight Delivery Prothonotary Cumberland County Courthouse 1 Courthouse Square, 2nd Floor Carlisle, PA 17013 RE: Allied Building Corporation v. Brandywine Central, L.P., et. al. Cumberland Co. No.: 07-7658 MLD Term Dear Sir/Madam: Please find enclosed for filing one (1) original and one (1) copy of Owners' Preliminary Objections to the Complaint in Action upon Mechanic's Lien filed by Allied Building Corporation, together with a proposed form of order. Please file the original documents of record and return time-stamped copies to me in the self-addressed, stamped envelope enclosed for your convenience. I have also enclosed postage paid envelopes directed to all parties for service of the Court's Order. Should you have any questions or comments with respect to the foregoing, please do not hesitate to contact me. Very truly yours, TOH? GRA AM, JR. T JJG:db Enclosure cc: John G. Milakovic, Esquire (wlencl) Philadelphia I Pittsburgh I Wilmington I Harrisburg New Jersey I West Virginia inn tiv. 1 1 1 GJJJ I4U Q1xn,liYnettltx fJovsr oin won= Then $TRA zT POST 03?94o 31=11898 ???csr??txc?, Pr?rrrts?v'Arr? i?io8-i9ss P110MUt 17171453.7881 FAX6 (717) MB-3740 ?xArrr bedday@paAa St January 22, 2008 John J. Graham, Jr., Es"quire Colin Seglias Pallas 03reenhail' VIA FAX & Fut man, PC United Plaza, 19M Floor 30 South 17'' Street Philadelphia, PA 191'03 Re; Allied B-0dinu v. Brandywine Central, et aL, No. 07-7658 MGD N. U2 3r='" No. 401017 Dear Jack.: Cnclosed is a ;-signed wpy •of the Partial Release of Lien,which we just received From Allied. It is in the e t sa?? ?n as the last one, which Structure 'done accepted. Only the numbers have change µ4 i? I will proceed.t-o: mail the recent check to Allied and I will forward to you the original signed Release when feceive it. from Allied. In the meantime, with:regard-to the amount of the bond, Allied is willing to stipulate to 100% of the remaining balance of its claim, which, as you can see from the enclosed, is 161,143.00. That amount, I believe, is the same as set forth in Ed's letter of January 17'h. I look forward to receiving `a stipulation from you along with a form bond and the identity of the surety, and to discussing the possibility of settling the merits of the case. Cc: Mr. Anthony Scars a, Jr Thomas A. Beckley, Esquire Very truly yours, BEC 'Y' &',MADDFN ohn G. Milk vlc r. uj 01/22/2008 16:39 FAX 6167`g77 1`, ALLIED BUILDING CORP 14002/002 1PABTL4L fLOXASE OF LIEN Owner. DELOITTE SUR'VICES LP Project: MT-HARRISBURG, PA Subcontractor: ALLIED BUILDING CORP. Job Number: 90204' The Undersigned, : conai@ra Qtr of the partial payment of $213,601.x3 out of the claimed Total Contract bil? c? £ 4,744.13, receipt of which partial "payment is hereby acknowledged, agr s, to xt01( of such partial payment only, aad;:a F?crmitted by law, to relensc aU notions, debts, o' demands, including mechanic's Iieirs,: b at only to the extent of the partial paym4t agdf &'*Oiit?uro Tone, Inc., the above-identified QW ner, and the Project, oat account of the woik, selrvic?`s; equipment and materials perforated :andtor furnished by the Undersigned, at or to the above-described Project (herein "'Work"), for wideb the partial payment is being made, but only to the extent of said partial payment. The Undersigned does not release any claim with respect to that portion of the claimed Total Contract balance which is not being paid by virtue of the partial payment %that unpaid pordoaa being $%61,143.00). Company: AI. BUILD 0 CORP. Commonwealth of JPennsylyania County of . f, Title: President ` n x &t o3r% "I On the A'-day of„ At al A: AA 2M, before me Parsommy came to me known who being by Me duly sworn did depose npd 4L that he resides at That he is the of Allied Building Gbrih., the corporation that Executed the foreaoing instruaaottcf that be signs his flame thereto by like order of The Board of Virectors. Notary Public h MIR Pq:. A ?'L t k - ??a _., ..*?, _?- .? , f ?f eM' -.'?? t r ,,,,3 a . ?? ..? ±. ? .._ s COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. EDWARD SEGLIAS, ESQUIRE IDENTIFICATION NO. 55108 JOHN J. GRAHAM, JR., ESQUIRE IDENTIFICATION NO. 91595 30 South 17th Street, 19th Floor Philadelphia, PA 19103 (215) 564-1700 ALLIED BUILDING CORPORATION, Claimant, V. BRANDYWINE CENTRAL, L.P.; CAMP HILL REALTY ASSOCIATES, L.P.; and DELOITTE & TOUCHE USA, LLP, Owners. Attorneys for Brandywine Central, L.P., Camp Hill Realty Associates, L.P., Deloitte & Touche USA, LLP COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 07-7658 MLD Term PRELIMINARY OBJECTIONS TO MECHANICS' LIEN Owners, Brandywine Central, L.P., Camp Hill Realty Associates, L.P. and Deloitte & Touche USA, LLP ("Owners"), by and through their undersigned counsel, hereby preliminarily object to the Mechanics' Lien Claim filed by the Claimant, Allied Building Corporation ("Allied"), and, in support thereof, state the following: BACKGROUND 1. Brandywine Central, L.P. ("Brandywine") is a Pennsylvania limited partnership with a principal place of business located at 555 East Lancaster Avenue, Suite 100, Radnor, Pennsylvania. 1 2. Camp Hill Realty Associates, LP ("CHR") is a Delaware limited partnership with a principal place of business located at 276 Riverside Drive, Suite 2G, New York, New York. 3. Deloitte & Touche USA, LLP ("Deloitte") is a Delaware limited liability partnership with a principal place of business located at 100 Kimball Drive, Parsippany, New Jersey. 4. Brandywine is the fee owner of real property located at 300 Corporate Center Drive, East Pennsboro Township, Cumberland County, Pennsylvania (the "Property") 5. The Property is comprised of a 6-story office building, which is occupied by numerous tenants. 6. On or about August 2, 2006, Deloitte entered into a lease with Brandywine, pursuant to which Deloitte would become a leasehold tenant of the l s`, P, 4th and 6`" floors of the Property (the "Leased Space"). 7. Deloitte planned to utilize (and does currently utilize) the Leased Space as offices. 8. Prior to Deloitte's lease with CHR, the Leased Space was occupied by other leasehold tenants and was utilized as office space. 9. Although the Leased Space was utilized by the prior tenants as offices, Deloitte desired to perform tenant fit-out renovations to the Leased Space so that the Leased Space would better suit Deloitte's business needs. 10. Deloitte entered into a contract with StructureTone, Inc. ("STI" ), pursuant to which STI would serve as the general contractor for the performance of the tenant fit-out work at the Leased Space. 2 11. STI, as general contractor, entered into a subcontract with Allied, as subcontractor, pursuant to which Allied would perform certain portions of the tenant fit-out work at the Leased Space (the "Subcontract") 12. A dispute arose between STI and Allied regarding the quality of Allied's work at the Leased Space and the amounts, if any, that remained due to Allied under the Subcontract. 13. Allied last performed work at the Leased Space on June 26, 2007. 14. Prior to stopping work at the Leased Space, Allied did not provide Deloitte, CHR or Brandywine with the preliminary notice of intent to file a mechanic's lien required by 49 P.S. § 1501(a). 15. On December 21, 2007, Allied filed a Mechanics' Lien Claim against the Property in the amount of $502,528.13. 16. For the reasons set forth below, Allied's Mechanics' Lien Claim is legally insufficient on its face and should be dismissed as a matter of law. A. PRELIMINARY OBJECTION OF OWNERS PURSUANT TO PA.R.C.P. NO. 1028(a) (2): IMPROPER FORM - ALTERATION AND REPAIR 17. The Owners incorporate by reference paragraphs 1 through 16 above as though set forth at length herein. 18. Pa. R.C.P. No. 1028(a)(2) provides, in part: "Preliminary objections may be filed by any party to any pleading and are limited to the following grounds:... failure of a pleading to conform to law or rule of court..." 19. Pennsylvania's Mechanics' Lien Law, 49 P.S. § 1101, et. seq., provides that: No claim by a subcontractor for alterations or repairs shall be valid unless, in addition to the formal notice required by subsection (b) of this section, he shall have given to the owner, on or before the date of completion of his work, a written preliminary notice of his intention to file a claim if the amount due or to become due is not paid. 49 P.S. § 1501(a) (emphasis added). 20. Under Pennsylvania law, when a contractor or subcontractor performs renovation work, such as tenant fit-out, where the "character and use of the [real property] remains the same," that work must be viewed as "alteration and repair" as defined by Pennsylvania's Mechanics' Lien Law. Wentzel-Applewood Joint Venture v. 801 Market St. Assoc LP, 878 A.2d 889, 894 (Pa.Super. 2005), appeal denied, 587 Pa. 707, 897 A.2d 1184 (Pa. Apr. 11, 2006). 21. As set forth in its Mechanics Lien Claim, Allied admittedly performed "alteration and repair" work at the Leased Space. Specifically, Allied alleged that it performed "[d]emolition of existing office," as well as the "[i]nterior [u]pfit" of Deloitte's new office space. See Allied Lien Claim at ¶5. 22. Allied did not, prior to its completion of work, provide Deloitte, Brandywine or CHR with the preliminary notice of its intention to file a mechanics' lien claim required by 49 P.S. 1501(a). 23. Because Allied did not provide the requisite preliminary notice to the owners of the Property, its Mechanics' Lien Claim is invalid as a matter of law and must be stricken. WHEREFORE, the Owners request that this Honorable Court sustain their Preliminary Objections and strike the Mechanics' Lien Claim filed by Allied and award any other relief this Court deems appropriate. 4 B. PRELIMINARY OBJECTION OF OWNERS PURSUANT TO PA R C P NO 1028(a) (2): IMPROPER FORM - LEASEHOLD INTEREST 24. The Owners incorporate by reference paragraphs 1 through 23 above as though set forth at length herein. 25. Pa. R.C.P. No. 1028(a)(2) provides, in part: "Preliminary objections may be filed by any party to any pleading and are limited to the following grounds:... failure of a pleading to conform to law or rule of court..." 26. Pennsylvania's Mechanics' Lien Law, 49 P. S. § 1101, et. seq., provides that: No lien shall be allowed against the estate of an owner in fee by reason of any consent given by such owner to a tenant to improve the leased premises unless it shall appear in writing signed ed by such owner that the erection, construction, alteration or repair was in fact for the immediate use and benefit to the owner. 49 P.S. § 1303(d) (emphasis added). 27. Pennsylvania courts have held that the written statement signed by the owner of a leased property, as required by 49 P.S. § 1303(d), is a condition precedent to a mechanics' lien claim being valid against the fee estate of the property owner. See e.g. Murray v. Zemon, 167 A.2d 253, 256 (Pa. 1961). Further, "[t]he claim filed must on its face show the existence of such consent to satisfy this requirement." Id. 28. The Mechanics' Lien Claim filed by Allied purports to lien the Owners' fee interest in the Property. See Allied Lien Claim at ¶7. 29. Allied's Mechanics' Lien Claim does not reference or attach a written statement, signed by the Owners, stating that Allied's work at the Leased Space was performed for the Owners' "immediate use and benefit." 5 30. Because Allied's Mechanics' Lien Claim does not attach a written statement signed by the Owners, required by 49 P.S. § 1303(d),1 the Mechanics' Lien Claim is invalid as a matter of law and must be stricken. WHEREFORE, the Owners request that this Honorable Court sustain their Preliminary Objections and strike the Mechanics' Lien Claim filed by Allied and award any other relief this Court deems appropriate. C. PRELIMINARY OBJECTION OF OWNERS PURSUANT TO PA.R.C.P. NO 1028(a) (2): IMPROPER FORM - MATERIAL OVERSTATEMENT OF AMOUNT IN DISPUTE 31. The Owners incorporate by reference paragraphs 1 through 30 above as though set forth at length herein. 32. Pa. R.C.P. No. 1028(a)(2) provides, in part: "Preliminary objections may be filed by any party to any pleading and are limited to the following grounds:... failure of a pleading to conform to law or rule of court..." 33. Pennsylvania's Mechanics' Lien Law, 49 P. S. § 1101, et. seq., provides that a mechanics' lien can be filed in an amount equal to "all debts due by the owner to the contractor or by the contractor to any of his subcontractors for labor or materials furnished" in connection with a construction project." 49 P.S. § 1301. 34. The Mechanics' Lien Claim filed by Allied alleges that the amount of $502,528.13 is due from STI to Allied. See Allied Lien Claim at ¶6. I No such written statement exists. 6 35. Notwithstanding its materially overstated lien claim, Allied admits that the disputed subcontract balance is only $161,143.2 See January 22, 2008 letter from counsel for Allied, attached hereto as Exhibit A. 36. Because Allied's Mechanics' Lien Claim is materially overstated, the Mechanics' Lien Claim is invalid as a matter of law and must be stricken. WHEREFORE, the Owners request that this Honorable Court sustain their Preliminary Objections and strike the Mechanics' Lien Claim filed by Allied and award any other relief this Court deems appropriate. Respectfully submitted, COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. Dated: Februaryl , 2008 B Ed and a as, ire ohn J. Graham, Jr., Esquire Attorneys for Owners 2 STI has legal and factual defenses to payment of the entire subcontract balance that Allied alleges is due. 7 VERIFICATION John J. Graham, Jr., Esquire deposes and says that he is an attorney-at-law in the offices of Cohen, Seglias, Pallas, Greenhall & Furman, P.C., that he is authorized to make this verification, and that the facts set forth in the foregoing Preliminary Objections to Mechanic's Lien are true and correct to the best of his knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I, JOHN J. GRAHAM, JR., ESQUIRE, hereby certify that a true and correct copy of the Preliminary Objections to Mechanics' Lien has been served on this via regular mail, on the following: John G. Milakovic, Esquire BECKLEY & MADDEN 212 North Third Street P.O. Box 1198 Harrisburg, PA 17108-1998 Sr 21 day of February, 2008, ?? 11-i- .- J W. 9 ,,n,Y cc-cuuo ?uc U4;bb VM Beckley & Madden FAX NO. 7172333740 P, 02 i Atl W08NXr0 AM 1-,&W c7er?cr CJovrax 218 NOWN Then ISTWM "W 0"%=A0S laws ?s?rr?. ]P?rtrrs?w'sN? i?ios-i9g 1rnorem 1717! 488.7691 0 BAM 1717) 888.874 ,S" ,rr s f ' January 22, 2008 , John J. Graham, Jr., l4quire. } Cohn Seglias Pallas Oreenhafl VIA FAX & Furman, PC United Plaza, 19t` Floor 30 South 17" Street Philadelphia, PA 19V03 Re: Allied Building v. Brandywine Central, et ah, No. 07-7658 MILD R!4.m No. 401017 Dear Jack: Enclosed is a c sigm ' oopy`of the Partial Release of Lien, which we just received from Allied. It is in the e t sa?tm as the last one, which Structure Tone accepted. Only the numbers have chang ?! ; 1 will proceed t rn2u3,;xhe recent check to Allied and I will forward to you the original signed Release when f receiv& it, from Allied. In the ineantime, with,-Itgard to the amount of the bond, Allied is willing to stipulate to 100% of the remaining balance of-its claim, which, as you can see from the enclosed, is $161,143.00. That amount, I believe, is the same as set forth in Ed's letter of January 1.7th I look forward to recei^ving`e stipulation from you along with a form bond and the identity of the surety, and to discussing the possibility of settling the merits of the case. a? Cc: Mr. Anthony Scarc,Ji a,, Jr. Thomas A. Beckleys Esquire Very truly yours, BEC 'Y': &MADT3EN ohn G. Milakovic imi4-CC-eUU0 lUC U4;!)ti 1'1l beck!'"ey t '11ddden FAX NO. 7172333740 01/22/2008 16:39 FAX 6107577"ALLIED BUXLDING CORP i PARML RRIA02 OF 1JPA Owner. DELOrM SBR'V'ICBS LP Project: DW-HARRISBURO, PA Subcontractor: ALLIED BUILDING CORP. Job Number. 90204' P. 03 14002!002 The Undersigned, _ co1toIa of the partial payment of $21,601.X3 out of the claimed Total Contract b"ce. of 9 q,744.13, receipt of whichpartial' `payment is hereby acknowledged. agr s, to of such partial payment only, and as lormitted by law, to release all actions, debts, ct 8 * demands, including mechanic's liens,` b A only to the extent of the partial paymtt aglt1N4ure Tare, Inc., the above-identified Owner, and the Project, on account of the work, Be: M&k equipment and maeerials perforated andtor furnished by the Uudersigaed, at or to the above4escriibed Project (herein "Worle), for which the partial payment is being made, but only to the extent of said partial payment. The Undersigned does not release any claim with respect to that portion of the claimed Total Contract balance which is not bmg paid by virtue of the partial payment ;that unpaid pordo's being X1161,143,00). Company: BUILD Ci CORP. Commonwealth of 'aansylvunia 8 . County of Title: President A' On the AV -day of 20M bd= me -We 9 Personally camc to no ]mown who being by Me duly sworn did depose apd q that he resides at That he is t1m 'of Allied Building Corp., the aerporation that Executed the forego Q taetrtiatarif and that he signs his Wattle thereto by tike order of The Board of Directors. Notary Public .?r..w?M1laNWEAL- P6tb110M NA is .` • ?? V Q M. P A?sa?ir ' ?'+? 1.:icy F•.: +.+ C 7 C,.? caa _? F-i -;-y ?:7 ? ?? ?- ? ' r _? a SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-07658 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLIED BUILDING CORPORATION VS BRANDYWINE CENTRAL L P ET AL 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 ri MTTT1vi.7T TTL? r=TTTD TT T.D to wit: but was unable to locate Them deputized the sheriff of DELAWARE serve the within MECHANICS LIEN CLAIM On February 15th , 2008 , this office was in receipt of the attached return from DELAWARE Sheriff's Costs: So answers- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R Thomas Kline Dep Delaware Cc 52.50 Sheriff of Cumberland County Postage 1.72 91.22 02/15/2008 BECKLEY & MADDEN Sworn and subscribe to before me this day of County, Pennsylvania, to in his bailiwick. He therefore A. D. r ? . In The Court of Common Pleas of Cumberland County, Pennsylvania Allied Building Corporation VS. Brandywine Central LP et al SERVE: Brandywine Central LP No. 07-7658 civil Now, December 26, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of r;?ia?s aces 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 by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT 20 , at o'clock M. served the a. ? , 101 of cumbI'll 0 ?td 4 R. THOMAS KLINE Sheriff RONNY R. ANDERSON Chief Deputy EDWARD L SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 JODY S. SMITH Real Estate Deputy t Please mail return of service to Cumberland County Sheriff. Thank you. Allied Building Corporation TO: Hon. Joseph McGinn RE:. VS Delaware County Sheriff Brandywine Central LP et al 07-7658 civil' Dear Sheriff: Enclosed please find [notice & Mechanics' Lien Claim to be served upon LP c/o Brandywine Realty Trust .r Avem4 suite 100 in your County. Kindly make service thereof and send us your return of service. 0 lz'gym fSCRvca QAR,v?.?%?%N? deAe AAtfGA -Enclosures: Swum to and fi s IrM e tfiis g day sD? Very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania DMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHLEEN E. McCUEN, Notary Public Media Soto.. Delaware County My 201%% ssion Expires April 7, 2010 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-07658 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLIED BUILDING CORPORATION VS BRANDYWINE CENTRAL L P ET AL 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: DELOITTE & TOUCHE USA LLP 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 February 15th , 2008 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: So answer Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Phila County 116.00 Sheriff of Cumberland County Postage 1.14 142.14 3 h r/0 f, 02/15/2008 C)", BECKLEY MADDEN Sworn and subscribe to before me this day of y A. D. In The Court of Common Pleas of Cumberland•County, Pennsylvania Allied Building Corpori±!Zion vs. Brandywine Central LP et al SERVE: Deloitte & Touche USA LLP Philadelphia Now, December 26, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Sheriff of Cumberland County, PA deputation being made at the request and risk of the Plaintiff. Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, 6AYI A , 20 , at ?O o'clock M. served the within E)26/1 C, 5 btA , _ upon OIttL? TDU2 USA at 1-70CD by handing to ??'? X25 ?'?/? a and made known to Sworn and subscribed before me this y day of 20? copy of the original So answers, No. 07-7658 civil County to execute this Writ, this the contents thereof of County, PA }? rll ce_s S COSTS SERVICE _ MILEAGE _ AFFIDAVIT T OMtnJW'vrc.H?.ir::r rtrvNS'?tL?HOVr.-e NOTARIAL SEAL SUSAN L. ROSENFELD, Notary Public City of Philadelphia, Phila. County my commission Expires March 11.2008_ W s SHERIFF'S RETURN - REGULAR CASE NO: 2007-07658 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLIED BUILDING CORPORATION VS BRANDYWINE CENTRAL L P ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon DELOITTE & TOUCHE USA LLP the OWNER , at 1405:00 HOURS, on the 14th day of January 2008 at 300 CORPORATE CENTER DRIVE CAMP HILL, PA 17011 by handing to SARAVANAN RAMANATHAN, ADULT IN CHARGE a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 30.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/15/2008 BECKLEY & MADDEN By: ? ?- Deputy Sheriff A. D. / SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-07658 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLIED BUILDING CORPORATION VS BRANDYWINE CENTRAL L P ET AL 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 DEFENDANT BRANDYWINE CENTRAL LP but was unable to locate Them deputized the sheriff of DELAWARE serve the within COMPLAINT -MECHANICS LIEN County, Pennsylvania, to On February 15th , 2008 , this office was in receipt of the attached return from DELAWARE Sheriff's Costs: So answe -- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Delaware Co 52.50 Sheriff of Cumberland County Postage .97 90.47 ? 31)91n 4- 02/15/2008 BECKELY & MADDEN Sworn and subscribe to before me this day of to wit: in his bailiwick. He therefore ti A. D. C1 i 1 1 In The Court of Common Pleasaf.Cumberland County, Pennsylvania Allied Building Coproration vs. Brandywine Central LP et al SERVE: Brandywine Central LP Now, January 11, 2008 hereby deputize the Sheriff of No. 07-7658 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do Delaware. 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. Affidavit of Service Now, 20 O e , at, 3 V5? o'clock -y M. served the within upon i''?? at SS !5?- by handing to a copy of the original and made known to2.??lU> 6 ? the contents thereof. So answers, Sworn and ubscribed before me this day o , 20 OF ???X6?IMGK?N Y NOTARIAL SEAL KATHLEEN E. McCUEN, Notary Public Media Boro.. Delaware Coun M o res A ril 7 010 Gc-4-s ?Ia Sheri of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-07658 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLIED BUILDING CORPORATION VS BRANDYWINE CENTRAL L P ET AL 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 DEFENDANT , to wit: T1 T1T /I T TT TP f T/1T Trl T TTP TT 11 'A T T r) but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE- MECHANICS LIEN On February 15th , 2008 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: So answer Docketing 6.00 - Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Phila County 116.00 Sheriff of Cumberland County Postage .97 141.97 f 3/18/09' 4- 02/15/2008 BECKLEY & MADDEN Sworn and subscribe to before me this day of A. D. 1b S In The Court of Common Pleas of Cum`berland County, Pennsylvania Allied Building Coproration vs. Brandywine Central LP et al SERVE: Deloitte & Touche USA LLP Now, January 11, 2008 hereby deputize the Sheriff of No. 07-7658 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do Philadelphia 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, JaA LW V 1-- , 20 0 tat ,9-'C.5o'clock M. served the within upon at t by handing to (?`?'(((' (a„ S -Ad m 1(l S?-(t'? lUc? ?? C l ?( a and made known to So answers, Sworn d rday bscribed before me this of , 20Ak copy of the original the contents thereof. SkWiTof %?? Thk--- COSTS SERVICE $ MILEAGE _ AFFIDAVIT NOTARIAL SEAL SUSAN L ROSENFELD, Notary Public City of Philadelphia, Phiia. County Comm ssion Expires March 11, 200,9 a o}uity, PA f?ar1 ALLIED BUILDING CORPORATION, Plaintiff v. BRANDYWINE CENTRAL, L.P.; CAMP HILL REALTY ASSOCIATES, LP; and DELOITTE & TOUCHE USA, LLP, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7658 MLD TERM PRAECIPE Please mark the mechanic's lien claim in the above-captioned docket number "satisfied" and mark the action above-captioned, to obtain judgment upon the lien claim, as "settled, discontinued, and ended, with prejudice." Dated: Respectfully submitted, Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Thomas A. Beckley Vohn'G.ilakovic Attorneys for Plaintiff/Claimant CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing document was this day served upon the following persons in the manner below indicated. FIRST CLASS MAIL John J. Graham, Jr., Esquire Cohen, Seglias, Pallas, Greenhall & Furman, P.C. 30 South 17th Street, 19`" Floor Philadelphia, PA 19103 Dated: '10-0 ohn G. Milakovic 00 ? b COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. EDWARD SEGLIAS, ESQUIRE IDENTIFICATION NO. 55108 JOHN J. GRAHAM, JR., ESQUIRE IDENTIFICATION NO. 91595 30 South 17'h Street, 19`" Floor Philadelphia, PA 19103 (215) 564-1700 ALLIED BUILDING CORPORATION, Claimant, V. BRANDYWINE CENTRAL, L.P.; CAMP HILL REALTY ASSOCIATES, L.P.; and DELOITTE & TOUCHE USA, LLP, Attorneys for Brandywine Central, L.P., Camp Hill Realty Associates, L. P., Deloitte & Touche USA, LLP COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 07-7658 MLD Term Owners MOTION FOR RELEASE OF ORIGINAL BOND DISCHARGING MECHANIC'S LIEN Owners, Brandywine Central, L.P., Camp Hill Realty Associates, L.P. and Deloitte & Touche USA, LLP ("Owners"), by and through their undersigned counsel, hereby move the Court to release to StructureTone, Inc. the original Bond Discharging Mechanic's Lien filed by Owners on February 5, 2008. In support of the instant Motion, Owners state the following: BACKGROUND 1. Brandywine Central, L.P. (`Brandywine") is a Pennsylvania limited partnership with a principal place of business located at 555 East Lancaster Avenue, Suite 100, Radnor, Pennsylvania. ?- 2. Camp Hill Realty Associates, LP ("CHR") is a Delaware limited partnership with a principal place of business located at 276 Riverside Drive, Suite 2G, New York, New York. Deloitte & Touche USA, LLP ("Deloitte") is a Delaware limited liability partnership with a principal place of business located at 100 Kimball Drive, Parsippany, New Jersey. 4. Brandywine is the fee owner of real property located at 300 Corporate Center Drive, East Pennsboro Township, Cumberland County, Pennsylvania (the "Property"). 5. On or about August 2, 2006, Deloitte entered into a lease with Brandywine, pursuant to which Deloitte would become a leasehold tenant of a certain portion of the Property (the "Leased Space") 6. Deloitte entered into a contract with StructureTone, Inc. ("STI"), pursuant to which STI would serve as the general contractor for the performance of the tenant fit-out work at the Leased Space. 7. STI, as general contractor, entered into a subcontract with Allied Building Corporation ("Allied"), as subcontractor, pursuant to which Allied would perform certain portions of the tenant fit-out work at the Leased Space (the "Subcontract") 8. A dispute arose between STI and Allied regarding the quality of Allied's work at the Leased Space and the amounts, if any, that remained due to Allied under the Subcontract. 9. On December 21, 2007, Allied filed a Mechanic's Lien Claim with this Court, and asserted that certain sums were due from STI to Allied under the Subcontract (the "Mechanic's Lien"). 2 10. On February 5, 2008, the Owners and Allied filed a Stipulation Regarding Posting of Security to Discharge Mechanics Lien (the "Stipulation") 11. Pursuant to the terms of the Stipulation, Allied agreed to discharge its Mechanic's Lien upon the Owners' posting of a Bond Discharging Mechanic's Lien in the amount of $161,143. 12. On February 5, 2008 and in accordance with the Stipulation, the Owners filed with this Court an original Bond Discharging Mechanic's Lien. The original Bond Discharging Mechanic's Lien was provided by STI. 13. On April 2, 2008, the Owners and Allied entered into a settlement agreement with regard to all claims relating to the Property, Subcontract and Mechanic's Lien. 14. On April 3, 2008, Allied filed a Praecipe to mark the Mechanic's Lien as "satisfied" and this case as "settled, discontinued and ended with prejudice." A true and correct copy of Allied's April 3, 2008 Praecipe is attached hereto as Exhibit A. 15. Because the Mechanic's Lien has been satisfied and this case has been settled, discontinued and ended, there is no longer any need for the Owners to maintain a bond with the Court. 16. Owners respectfully request that the Court return the original Bond Discharging Mechanic's Lien to: StructureTone, Inc. c/o John J. Graham, Jr., Esquire Cohen, Seglias, Pallas, Greenhall & Furman, P.C. 30 South 17`h Street, 19?' Floor Philadelphia, PA 19103 WHEREFORE, the Owners request that this Honorable Court grant the instant motion and return the original Bond Discharging Mechanic's Lien to StructureTone, Inc. Respectfully submitted, COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. 0. 1 1 /?,- A Dated: April '2008 By: /- and Seg ' s, Esquire John J. Graham, Jr., Esquire Attorneys for Owner 4 CERTIFICATE OF SERVICE I, JOHN J. GRAHAM, JR., ESQUIRE, hereby certify that a true and correct copy of the foregoing Motion has been served on this PCday of April, 2008, via regular mail, on the following: John G. Milakovic, Esquire BECKLEY & MADDEN 212 North Third Street P.O. Box 1198 Harrisburg, PA 17108-1998 J- J HN , JR. ?f UI o i-7 ALLIED BUILDING CORPORATION, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-7658 MLD TERM BRANDYWINE CENTRAL, L.P.; CAMP HILL REALTY ASSOCIATES, LP; and DELOITTE & TOUCHE USA, LLP, Defendants PRAECIPE TO THE PROTHONOTARY: Please mark the mechanic's lien claim in the above-captioned docket number "satisfied', _. t and mark the action above-captioned, to obtain judgment upon the lien claim, as`setd, discontinued, and ended, with prejudice." Dated: f Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, , li ? ? ? o, 4, J"/, Thomas A. Beckley v bhn G. Milakovic Attorneys for Plaintiff/Claimant i. 'T - j..7 y - t?- _? - ? ,. ;?; --1 7 -- .' -•-- _.? ; _? «-.r j h ... ? ? ?iy7 "+"v. npe I$ Zoos p?/ 3 ALLIED BUILDING CORPORATION, Claimant, V. BRANDYWINE CENTRAL, L.P.; CAMP HILL REALTY ASSOCIATES, L.P.; and DELOITTE & TOUCHE USA, LLP, Owners. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 07-7658 MLD Term ORDER AND NOW the diAday of Av4 , 2008, following consideration of Owners' Motion for Release of Original Bond Discharging Mechanics' Lien, it is hereby ORDERED and DECREED that Owners' Motion is GRANTED. IT IS FURTHER ORDERED that the original Bond Discharging Mechanics' Lien, filed by Owners on February 5, 2008 be returned to: StructureTone, Inc. c/o John J. Graham, Jr., Esquire Cohen, Seglias, Pallas, Greenhall & Furman, P.C. 30 South 17'h Street, 19'' Floor Philadelphia, PA 19103. , J. OF THE ; PO -}-r OTARY r? 2003 APR 22 i1 8: 36 GO?4._ - ?t.??TY otor 1444 Y and relea?se??. ? -12-O S' to - 1 one L?t'ruCt?Re lone, . %John ?. Graham,?R•, ?3 Cohen , S' e l i as , Pa I1as, GreeAa.1) 9-Farman , PC, 30 k3. i. l+h?\3 ?•, ?4+h FlooK AIICJelpllal Ph 0103