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HomeMy WebLinkAbout09-8928'V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINSLEY CONSTRUCTION, INC., V. Claimant LIT INDUSTRIAL LIMITED PARTNERSHIP, Owner No. 6/ - Rl d- 0, t4LD Mechanics' Lien Claim NOTICE OF FILING MECHANICS' LIEN CLAIM To: LIT Industrial Limited Partnership 2650 Cedar Springs Rd., Suite 850 Dallas, TX 75201-1491 TAKE NOTICE that Kinsley Construction, Inc., filed a Mechanics' Lien Claim against premises owned by you situate in South Middleton Township, Cumberland County, Pennsylvania, identified as parcel 40-08-0579-019, and known as 70 and 90 Logistics Drive, Carlisle, PA 17013. Said Mechanics' Lien Claim is for the sum of $534,470.14, plus interest as allowed by law, and costs of suit. 1 Said Mechanics' Lien Claim was filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to No. and was filed on December 31, 2009. A copy of said Claim is attached hereto. BARLEY SNYDER By: Paul WG Mi+i h 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Claimant 2783888 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINSLEY CONSTRUCTION, INC., V. Claimant LIT INDIJ STRIAL LIMITED PARTNERSHIP, Owner No. o y., gyrd__6--- M Mechanics' Lien Claim MECHANICS' LIEN CLAIM Kinsley Construction, Inc., by and through its undersigned counsel, files the following Mechanics' Lien Claim: 1. The Claimant is Kinsley Construction, Inc., a Pennsylvania corporation which has a principal office and place of business at 2700 Water Street, York, York County, Pennsylvania 17403. Claimant files this Lien as a Sub-Contractor. 2. The owner of the real estate against which this claim is filed is LIT Industrial Limited Partnership, a Delaware limited partnership registered to do business in Pennsylvania which has a principal office and place of business at 2650 Cedar Springs Rd., Suite 850, Dallas, Texas 75201. 3. Claimant's last day of work was June 30, 2009. 4. The party with whom Claimant contracted was ING Clarion Partners, 3141 Hood Street, Suite 700, Dallas, TX 75219, whose present address is 2650 Cedar Springs Rd., Suite 850, Dallas, TX 75201. 1 The labor and material supplied by Claimant accorded with the Fixed Price Design/Build Construction Services Contract between ING Clarion Partners and Claimant, with an effective date of January 18, 2008 (Contract). The relevant excerpts from the Contract are attached and made a part hereof as Exhibit A. 6. The general nature and character of the labor and materials furnished by Claimant included the construction of a 575,000 square foot tiltwall, steel frame warehouse and office facility, all as more fully set forth in the Contract. 7. The amount claimed to be due is $534,470.14, as shown on the Accounts Receivable Aged Analysis attached and made a part hereof as Exhibit B, plus interest and costs of collection. Notice of Claimant's intent to file the within Mechanics' Lien Claim was mailed on November 23, 2009, a true and correct copy of which is attached and made a part hereof as Exhibit C. 9. The real property subject to the lien is situate in South Middleton Township, Cumberland County, Pennsylvania, known as 70 and 90 Logistics Drive, Carlisle, Pennsylvania, and identified as Parcel 40-08-0579-019 in the Cumberland County records. Said real property is further described in the Deed dated December 19, 2007, and recorded in the Office of the recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 2007, page 47518, a true and correct copy of which is attached and made a part hereof as Exhibit D. 2 WHEREFORE, Claimant, Kinsley Construction, Inc., claims to have a lien upon the premises herein described in the sum of $534,470.14, plus interest as allowed by law, and costs of suit. BARLEY SNYDER LLC By: Z// / Paul i i 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Claimant 2783888 VERIFICATION I, Jerry L. Caslow, Vice-President-Finance of Kinsley Construction, Inc., hereby verify that the facts set forth in the foregoing Mechanics' Lien Claim are true and correct 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.A. §4904 relating to unswom falsification to authorities. Dated: f 7 3 0 erry L. Caslow E? A Tr???I 7 i3--<-7 FIXED PRICE DESIGN/BUILD CONSTRUCTION SERVICES CONTRACT by and between ING CLARION PARTNERS 3141 Hood Street Dallas, TX 75219 as Owner and Kinsley Construction, Inc. 2700 Water Street York, Pennsylvania 17403 as Design/Builder for a 575,000 sf concrete tiltwall, steel frame warehouse and office facility located in South Middleton Township, PA O01?\NP1. FIXED PRICE DESIGN/BUILD CONSTRUCTION SERVICES CONTRACT This Fixed Price Design/Build Construction Services Contract ("Contract") is made, effective as of the 1 e day of January, in the year 2008, by and between: the Owner: ING Clarion Partners (Name and address) 3141 Hood Street, Suite 700 Dallas,.Texas 75219 Attn: John Clinton and the Design/Builder: IUnsley Construction, Inc. (Name and address) 2700 Water Street York, PA 17403 Attn: Rich Ness For the Project known as: An approximately 575,000 sf single story concrete flit wall steel frame (Name and location) warehouse and office facility located on a 41.3 acre site In South Middleton PA. For the Contract Price of: $14, 805,784.00 And Shall be Substantially Complete: By November 3, 2008, as such date may be adjusted pursuant to this Contract. The Owner and Design/Builder agree as set forth below. Fbmd Price Design/Build Agreement Page 1 November 2007 IN WITNESS WHEREOF, the parties hereto have executed this Contract effective as of the date and year first above written. KINSLEY CONS UCTION, INC. By: N e: Jonathan R. Kinsley ING CLARION PARTNERS: By: SEE ATTACHMENT Name: John M. Clinton Title: President Date: P Title: Vice President -Development Manager Date: 1 407 A& Fixed Price DesigrAkAd Agreement Pepe 50 November 2007 LIT INDUSTRIAL TEXAS LIMITED PARTNERSHIP, a Delaware limited partnership By: LIT-FTGP, L.L.C., a Delaware limited liability company, its general partner By: LIT Industrial Limited Partnership, a Delaware limited partnership, its sole member By: LIT Holdings GP, LLC, a Delaware limited liability company, its sole general partner By: Lion Industrial Properties, L.P., a Delaware limited partnership, its sole member By: LIT GP Sub, LLC, a Delaware limited • liability company, its sole general partner By Lion Industrial Tract, a Maryland real estate investment trust, its sole m ber m By. Name: ohn M. Clinton Title: Development Manager V.P. 0 AR Aged Analysis By Customer and Contract Age On: Due Date Through Month: 12/09 Aging Date: 12/31/09 Include Invoices Through: All Dates Other Trans Through: 12/31/09 Receivable Types: All Deduct Discounts? N Invoice DusDate Total Aged Future Current 31-60 61-90 Over 90 Retalnage Customer: 5900 ING CLARION PARTNERS Contact Last Payment: Date: 11/17/09 Phone: Contact : 71307- EXEL ROYER LOT 4 29875 08/30/09 JBApp#18 161,285.01 161,285.01 29875 08130/09 Released Retainage 105,950.06 105,950.06 30057 09130/09 JB App #19 15,406.01 15,406.01 30057 09/30109 Released Retainage 251,829.06 251,829.06 Total For Contract: 71301- 534,470.14 0.00 0.00 0.00 0.00 534,470.14 0.00 Total Aged + Retain: 534,470.14 Total For Customer: 5900 534,470.14 0.00 0.00 0.00 0.00 534,470.14 0.00 Total Aged + Retain: 534,470.14 Total For Company: 10 534,470.14 0.00 0.00 0.00 0.00 534,470.14 0.00 Total Aged + Retain: 534,470.14 Note: ` Indicates partial payments for the invoice. 10 KINSLEY CONSTRUCTION INC. Page 1 12131109 09:31:54 AM Date Format - MM/DD/YY ARAgeNewCustCont.rpt EXHIBIT C K1r1SLE?,F,J1 CONSTRUCTIONII41Direct Extension: (717) 741-8415 bsarde11a@r1dns1ey.com VIA CERTIFIED MAIL NO. 7007 0220 0002 0815 2673 November 23, 2009 LIT Industrial Limited Partnership Clarion/ ING Lion Industrial Trust 2650 Cedar Springs Rd., Suite 850 Dallas, TX 75201 Re: Notice of Claim under Mechanics' Lien Law of 1963 Property: 70 and 90 Logistics Drive, South Middleton Township, Cumberland County, Pennsylvania Dear Sir/ Madam: This is formal notice of a claim by a subcontractor for certain work and services performed as follows: 1. Name of party claimant: Kinsley Construction, Inc. ("Subcontractor"). 2. Name of person with whom Subcontractor contracted: ING Clarion Partners, 3141 Hood Street, Suite 700, Dallas TX 75219. 3. Amount claimed to be due: $534,470.14 plus interest at the prime rate of interest from August 30, 2009 and all costs of collection. 4. General nature and character of labor and materials furnished: Construction of 575,000 SF concrete tiltwall, steel frame warehouse and office facility. 5. Date of completion of work: June 30, 2009. 6. Property claimed to be subject to the lien: 70 and 90 Logistics Drive, South Middleton Township, Cumberland County, Pennsylvania, more particularly described in the enclosure. Very truly yours, O STRUCTION, INC. CZ a e la General Counsel cc: ING Clarion Partners 2700 Water Street • P.O. Box 2886 9 York, PA 17405 • (717) 741-3841 • Fox (717) 741-9054 ¦ Compote ftms 1, 2, and 3. Also oornplste ia(n 4 N Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can ,atom to card to you. • Attsoh Oft card to the book of the rrralolece, or on the front tt spece permits. 1. ArMs Addieesed to ) All-TWMl Pty--hr ;PInW_a. C'? R1oa IL) Wet ?? Sig Ai U / E ??F rt ?u lT?8so r?5ao IWIAS ~ 0 Ag" 0 Addroeem D. a deliveryaddrao d romm it WornItem t Z D Y46 If YES, @nW delivery sddmes below: 0 m arvice To* OWCerabsd and O Bpm Mali O Riga -- ed O Return Re WP for Merahendise 0 lnured Mall 0 C.O.D. 4. Reatrlcls DeMAJ70BbaF11O 0 rie 2. AAIdsNumber 7007 0220 0002 0815 2673 muraw fYam service ht -- Ps Form 3811, February 2004 Domestic Return Ra)W 1026140244-1610 I3i$IT D q-75-1 ? r PREPARED BY: Squire, Sanders and Dempsey L.L.P. 41 South High Street Suite 1300 Columbus, Ohio 43215 Attn: H. Cort Doughty, Esq. RECORD AND RETURN TO: RETURN T0: Chicago Title Insurance Co. 1601 Market Street, Ste. #2550 Philadelphia. PA 19103 S,16 7--00 -35-500 Tax Parcel No. (Being a portion of Tax Map No. 40-08-0579, Parcel 008) SPECIAL WARRANTY DEED COMMONWEALTH OF PENNSYLVANIA § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CUMBERLAND § EXEL INC., a Massachusetts corporation formerly known as Exel Logistics, Inc. ("Grantor"), for an in consideration of the sum of $5,227,287.00 and other good and valuable consideration, unto LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership, whose tax mailing address is ClarionANG Lion Industrial Trust, 3141 Hood Street, Suite 700, Dallas, TX 75219 ("Grantee'), well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has granted, bargained and sold, released and confirmed, and by these presents does grant, bargain, sell, release and confirm unto the said Grantee its successors and assigns, as partnership property for the uses and purposes of said partnership, the real property located in Cumberland County, Pennsylvania, fully described in Exhibit A hereto, together with all and singular the improvements, ways, streets, alleys, driveways, passages, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hcrcby grantcd premiscs belonging, or in any wise appertaining, and the reversions and remainders, rents issues, and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever of the Grantor, as well at law as in equity, of, in, and to the same (collectively, the "Property"). This Special Warranty Deed and the conveyance hereinabove set forth is executed by Grantor and accepted by Grantee subject to the matters described in Exhibit B hereto (collectively, the "Permitted Encumbrances'). COLUMBUS1601583.1 016348.00273 r. EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate north of US Interstate Route 81 and south of Logistics Drive, in South Middleton Township, Cumberland County, Pennsylvania, and comprising Lot 4 as shown on the "Revised Final Subdivision And Land Development Plan For Exel, Inc. - Royer Tract Lot-3 and Lot 4", as prepared by Herbert, Rowland, and Grubic, Inc., Project No. 3456.406, dated October 25, 2007, last revised November 30, 2007; said tract being more fully bounded and described as follows: BEGINNING at a point on the southern right-of-way line of Logistics Drive (60 foot wide right- of-way) at the line dividing Lot 3 and Lot 4 of the Exel Subdivision; THENCE by said right-of- way line North 64 degrees 17 minutes 00 seconds East, a distance of 355.00 feet; THENCE continuing by a line on a curve to the right having a radius of 270.00 feet, an arc length of 424.12 feet, and a chord bearing of South 70 degrees 43 minutes 00 seconds East, a distance of 381.84 feet to a point on the southwest right-of-way line of Logistics Drive, THENCE by said line South 25 degrees 43 minutes 00 seconds East, a distance of 1441.54 feet; THENCE continuing by a line on a curve to the right having a radius of 25.00 feet, an are length of 23.83 feet, and a chord bearing of South 01 degree 35 minutes 43 seconds West, a distance of 22.94 feet; THENCE continuing by a line on a curve to the left having a radius of 70.00 feet, an arc length of 176.69 feet, and a chord bearing of South 43 degrees 24 minutes 16 seconds East, a distance of 133.38 feet to a point in an emergency access road; THENCE passing through said road South 25 degrees 43 minutes 00 seconds East, a distance of 388.94 feet to a point on the northern right-of- way line of US Interstate Route 81; THENCE by said line South 86 degrees 57 minutes 00 seconds West, a distance of 1092.43 feet to lands of Robert M. Frey; THENCE by lands of Frey North 30 degrees 10 minutes 00 seconds West, a distance of 609.07 feet to Lot 3 of the Exel Subdivision; THENCE by said line the following four (4) courses and distances: (1) North 66 degrees 45 minutes 00 seconds East, a distance of 90.39 feet; (2) THENCE North 25 degrees 43 minutes 00 seconds West, a distance of 779.61 feet, (3) THENCE North 64 degrees 17 minutes 00 seconds East, a distance of 310.00 feet; (4) THENCE North 25 degrees 43 minutes 00 seconds West, a distance of 444.00 feet to a point on the southern right-of-way line of Logistics Drive, the POINT OF BEGINNING. Containing 1,802,864 Square Feet or 41.3881 Acres COLUMeUS6601583.1 016348.00273 EXHIBIT B PERMITTED ENCUMBRANCES Possible additional assessment for taxes on any new construction or major improvements to premises. 2. Taxes and assessments not yet due and payable. 3. Rights granted to Pennsylvania Power and Light Company as more fully set forth in Miscellaneous Book 228, Page 875. 4. Right of Way Grant to UGI Utilities, Inc. as set forth in Miscellaneous Book 737, Page 2775. 5. Conditions if any, in Plan Book 94, page 40, as superseded by conditions, if any in that Revised Final Subdivision and Land Development Plan for Exel Inc. filed in the Office of Recorder of Deeds, Cumberland County, Pennsylvania as Instrument No. 200746577. 6. Covenants, conditions and easements as set forth in that certain Declaration of Covenants and Restrictions For Phase I of South Middleton Distn'bution Center, dated and recorded simultaneously herewith in the Office of Recorder of Deeds, Cumberland County, Pennsylvania. 7. Terms and conditions as set forth in that certain Encroachment Agreement by and between PPL Electric Utilities Corporation, a Pennsylvania corporation, and Exel Inc., a Massachusetts corporation, dated and recorded simultaneously herewith in the Office of Recorder of Deeds, Cumberland County, Pennsylvania. COWMBUSJ601M.1 01634$.00273 To have and to hold the said Property unto the said Grantee, its successors and assigns, and for the only proper use and behalf of the said Grantee, its successors and assigns, forever, for the uses and purposes of Grantee. AND, the said Grantor, for itself and its successors, does hereby covenant to and with the said Grantee, its successors and assigns, by these presents, that it, the said Grantor, is successors and assigns, SHALL AND WILL Warrant and forever defend the Property, with the hereditaments and appurtenances, unto the said Grantee, its successors and assigns, against the said Grantor and its successors and against every other person lawfully claiming or who shall hereafter claim the same or any part thereof, by, from or under it, them, or any of them. IN WrINESS WHEREOF, the said Grantor has caused these presents to be duly executed, this day of December, 2007. SEALED AND DELIVERED, In the presence of us. Attest: STATE OF OHIO COUNTY OF DELAWARE This EXEL MCI By: instrument was acknowledged before me on December, 2007, by the t' E D M rr: C''( S of Exel Inc., a Massachusetts Kof said corporation. Sl00 SWETNAM My a fN'?ot0 Notary Public Wesrrwflc,6,9 of 6--61 ( Ch in Grantee's address is: 3141 Hood Street, Suite #700, Dallas, TX 75219 U. On Behalf of Grantee COLUMBUS/601583.1 2 016348.00273 s* ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200747518 Recorded On 12127/2007 At 12:08:52 PM * Instrument Type - DEED Invoice Number -11458 User ID - KW * Grantor - EXEL INC * Grantee - LIT INDUSTRIAL. L P * Customer - CHICAGO TITLE INSURANCE CO * FEES STATE TRANSFER TAX STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES RECORDER OF DEEDS AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE SOUTH MIDDLETON SCHOOL DISTRICT SOUTH MIDDLETON TOWNSHIP TOTAL PAID $52,272.87 $0.50 $10.00 $11.50 $11.50 $2.00 $3.00 $26,136.44 $26,136.43 $104,584.24 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA oM ?' 110 JAA RECORDER O DS - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. * Total Pages - 5 OwLM 1111111111111111 t, i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILES :fir; i~;~= Edward L Schorpp Solicitor 1Q10 JA~i I ~ ~~~ fQ~ ~~ V~h~~` ~.f€..~i0.`~i~s Kinsley Construction Inc. vs. LIT Industrial Limited Partnership Case Number 2009-8928 SHERIFF'S RETURN OF SERVICE 01/12/2010 02:00 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2010 at 1400 hours, he served a true copy of the within Notice of Filing Mechanics' Lien Claim and Mechanics' Lien Claim, upon the within named defendant, to wit: LIT Industrial Limited Partnership, by making known unto Scott Foulds, Operations Manager at 70 & 90 Logistics Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.84 January 13, 2010 SO ANSWERS, O NY R ANDERSON, SHERIFF ~' 1Je ty Sheriff ~;; ~~t ~ ~,:; J ~' 2D 10 JT,t'~ 2 0 ~, ~ ~~ ~ ~ ,; IN THE COURT OF COMMON PLEAS OF CUMBERLAND.-~(O~%Y;",,;1~, ~ PENNSYLVANIA x1N5Lt/Y CONSTRUCTION, INC., Claimant v. LIT INDUSTRIAL LIMITED PARTNERSHIP, Owner No. 09-8928 Mechanics' Lien Claim AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of York I, Paul W. Minnich, being duly sworn according to law, depose and state that the Notice of Filing Mechanics' Lien Claim in the above matter, was served upon LIT Industrial Limited Partnership, on January 15, 2010, by mailing a true and correct copy of said Notice of Filing Mechanics' Lien Claim by certified mail, return receipt requested, restricted delivery, addressed to LIT Industrial Limited Partnership, as follows: LIT Industrial Limited Partnership 2650 Cedar Springs Road, Suite 850 Dallas, TX 75201-1491 The return receipt card evidencing receipt of the Notice of Filing Mechanics' Lien Claim by LIT Industrial Limited Partnership is attached and made a part hereof as Exhibit A. Sworn and subscribed to before me this 20th day of January, 2010. Paul W i ,r tary Public 2799501 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Debra D. Bankert, Notary Public Gity of York, York County My Commission Expires April 1, 2012 Member, Pennsylvania Association of Notaries EXHIBIT A - ~ FROM wA~ TM FOR U S3 PAT NOV5,5011,393'~ 3TIFIED - __- -- - ~ER*~ ILt~ItltJt~tIJII~t~~~Jl~ttILL~IItL~~ttlll LIT Industrial Limited Partnership 2650 Cedar Springs Road Suite 850 L8b8~ #1 Dallas, TX 75201-1491 Paul W. Minnich, Esquire Barley Snyder, LLC Label ~ 100 East Market Street P.O. Box 15012 York, PA 17405 Paul W. Minnich, Esquire Barley Snyder, LLC 100 East Market Street Label #3 P.O. Box 15012 York, PA 17405 FOLD AND TEAR THIS WAY-- OPTIONAL LIT Industrial Limited Partnership 'rQ; 2650 Cedar Springs Road Suite 850 Dallas, TX 75201-1491 Z _ _ ~ SENDER: Paul W. Minnich, Esquire '' ~ '~ z REFERENCE: Kinsley v. LIT Ind. :, ~" s~ 7160 3820 3530 0591 9462 i~ ~~ PS Form 3800 Janua 2005 ~ ' RETURN Postage 1.56 ' I •' RECEIPT Certified Fee SERVICE 2,80 Return Receipt Fee I . j 0 Restricted Delivery 4.50 .~ Total Postage & Fees 6 ;, US Postal Servics POSTM ~~ Receipt for j Z ~ ~y~tf a Certified Mail 600 t ~ No Insurance Coverage Provided ~S' O ~ Do Not Use for International Mail il 1 d d ~~~~~~ ~iG~~~~~y Date Produced: 01/18!2010 WALZ CERTIFIED MAIL SOLUTIONS LLC The following is the delivery information for Certified MaiIT"" item number 7160 3820 3530 0591 9462. Our records indicate that this item was delivered on 01/15/2010 at 02:43 p.m. in DALLAS, TX, 75201. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient hwr~ ~~- -~„r~a~t. ----- ~r .--~• •. ~ ~~ ~ ~~ Thank you for selecting the Postal Service for your mailing needs. if you require additional assistance, please contact your local post office or Postal Service representitive. Sincerely, United States Postal Service FLED-+~h'r1CE ~~)F ?~F P~ i H~~~`?Tfi~Y 2010I~AR -9 °~i 2= ! Q cur~y~_.~ :", . ~~.~ r~~-a.,t~, ~n ~'~ ~,4 i, n fig, o v -~cL )9~-(~/ ~ ~s~ts3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS LVANIA KINSLEY CONSTRUCTION, INC., v. Claimant LIT INDUSTRIAL LIMITED PARTNERSHIP Owner Mechanics' Lien Claim M.K. No. 09-8928 MLD PRAECIPE TO REMOVE To the Prothonotary: Please mark the above captioned Mechanics' Lien Claim settled and satisfied. BARLEY SNYDER LLC By: au i 100 Eas Market Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax:717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Claimant 2838178 CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing Praecipe to Remove is being served by first class mail, postage prepaid at York, Pennsylvania, addressed as follows: LIT Industrial Limited Partnership 2650 Cedar Springs Road, Suite 850 Dallas, TX 75201-1491 BARLEY SNYDER LLC By: Paul W. Mixtni~lt,~ 100 East arket Street P.O. Box 15012 York, PA 17405-7012 717-846-8888 Fax: 717-843-8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Claimant .~~~/,~