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Home My WebLink About13-2418 1 f � 0 T MONO TA 2 913 NA Y -2 Alf 9: PAUL R. OBER &ASSOCIATES "B ERLANo BY: Joseph A. La Flamme, Esquire PENNS YC Attorney I.D. #73603 234 North Sixth Street Reading PA 19601 (610) 378 -0121 Attorney for Claimant Rahns Trucking, Inc., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Claimant PENNSYLVANIA V. CIVIL ACTION - LAW US Real Estate Limited Partnership, NO. 13 Respondent MECHANICS' LIEN CLAIM (720 Allen Road, Carlisle, Cumberland County, Pennsylvania) AND NOW, comes Claimant, Rahns Trucking, Inc. and hereby files the following Mechanics' Lien Claim for the labor and materials furnished by Claimant in connection with and incidental to the construction of improvements for the Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Cumberland County, Pennsylvania including, but not limited to, trucking and hauling of concrete for the project, herein described, upon the following statements: 1. Claimant, Rahns Trucking, Inc., with an address of P.O. Box 26410, Rahns, Pennsylvania 19426 files this Mechanics' Lien Claim as Subcontractor. 2. The Owner and /or Reputed Owner of the property subject to the lien is US Real Estate Limited Partnership ( "Owner ") with an address of 9830 Colonnade Boulevard, Suite 600, aI spa t� O 3b0 San Antonio, Texas 78230. 3. The date upon which Claimant completed the work for which claim is made was on or about December 10, 2012. 4. The Contract under which the work was done and materials furnished was made with J.F. Neuber, Jr. General Contractor, Inc. (the "Contractor "),a Pennsylvania corporation with a place of business at 42 Ridge Road, Phoenixville, Pennsylvania 19464 and a mailing address of P.O. Box 745, Kimberton, Pennsylvania 19442. 5. Neuber's Contract was with R.S. Mowery & Sons, Inc., the General Contractor who had a contract with the Owner for construction of the Project. 6. Claimant files this claim under a contract with the Contractor wherein Claimant agreed to furnish labor, materials and equipment including, but not limited to, trucking and hauling of concrete materials in connection with and required for the Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Cumberland County, Pennsylvania. 7. The general nature and character of the labor, materials and equipment furnished by Claimant was in connection with and incidental to the construction of improvements for the Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Cumberland County, Pennsylvania, and included, but was not limited to, trucking and hauling of concrete materials. 8. To the extent that Claimant has not completed improvements, Claimant has been excused, prevented and/or hindered by the Owner and/or Contractor from completing the improvements due to, inter alia, lack of payment. 9. Formal notice of intention to file a Mechanics' Lien Claim was served on Owner by Certified 2 Mail on or about March 25, 2013 as evidenced by copies of said formal notice attached hereto as Exhibit "A." 10. This claim is made for the work, labor and materials described below: a. Trucking and hauling of 20,057.75 cubic yards of concrete at $23.30 /cubic yard 11. The amount claimed due Claimant is Four Hundred Sixty Seven Thousand Three Hundred Forty Five and 58/100 Dollars ($467,345.58) plus interest. 12. The property subject to the lien is all that certain piece, parcel or lot of land and the building or buildings thereon known as Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Cumberland County, Pennsylvania 17105. 13. Any waiver of liens that may have been filed is against public policy, ineffective, unlawful, and/or void under the Pennsylvania Mechanics' Lien Law of 1963, as amended. Respectfully submitted, PAUL R. OBER & ASSOCIATES oy: - ph A. a Flamme, Esquire rney for Claimant F:Vtahns\Mountain Creek Distribution Center\Mechanics' Lien Claim Rahns Trucking.wpd 3 EXHIBIT A PAUL Q. OBEp 0AWOCIhTEcS A PENNSYLVANIA PARTNERSHIP PAUL R OBER ATTORNEYS AT LAW TERRY L. PARISH 234 N. 6 T H STREET JOHN J. MURPHY, JR. (1984) JAMES L. DAVIS* READING, PENNSYLVANIA 19601 CHARLES M. WATKINS JOSEPH A- LA FLAMME, P.E.• BOYERTOWN OFFICE: THOMAS C. ANEWALT B -Ye—n, PA 19512 MICHELLE A. RHIZOR+ aggressive advocacy (610) 367 -6991 (610) 378 -0121 FAX (610) 378 -9712 ALSO MEMBER CALIFORNIA BAR jalaflamme @oberandassociates.com ALSO MEMBER NEW JERSEY & FLORIDA BARS ' LL.M. IN TAXATION + ALSO MEMBER NEW JERSEY BAR LICENSED PROFESSIONAL ENC31NEER March 22, 2(113 IN PENNSYLVANIA, FLORIDA & NEW YORK VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED US Real Estate Limited Partnership 9830 Colonnade Boulevard, Suite 600 San Antonio, TX 78230 RE: Mountain Creek Distribution Center Project 720 Allen Road, Carlisle, Pennsylvania Rahns Trucking,- Inc. NOTICE OF INTENTION TO FILE MECHANICS' LIEN To Whom It May Concern: This Firm represents Rahns Trucking, Inc., with regard to work performed on the Mountain Creek Distribution Center Project located at 720 Allen Road, Carlisle, Pennsylvania (the "Project "). Rahns Trucking, Inc., is currently owed in excess of Four Hundred Sixty Seven Thousand Three Hundred Forty Five and 58/100 Dollars ($467,345.58) for work, labor, materials and equipment provided and/or performed in connection with the Project including, but not limited to, trucking and hauling of concrete materials to and from the Project. Be advised that Rahns Trucking, Inc. intends to file a mechanics' lien against the real property upon which it performed the work, including, but not limited to, real property owned in whole or in part by US Real Estate Limited Partnership for the work, labor, materials and equipment provided and/or performed in connection with the Project. Enclosed is the Notice of Intention to File Mechanics' Lien addressed to US Real Estate Limited Partnership. Also, please forward to us any and all Payment Bonds posted with regard to the Project. SUBURBAN OFFICES b appointment HAMBURG, 19526 (610) 1244 EST HAMILTON STREET, ALLENrr0WN, PA 181 W 02 (610) 437 -4455 P.O. BOX 196, SIUPPACK, PA 19474 (4S4) 576 -0233 PHUT, Q. 05EQ 0 AeSeSOCIATM US Real Estate Limited Partnership March 22, 2013 Page 2 Should you have any questions, do not hesitate to contact me. Very truly yours, PAUL R. OBER & ASSOCIATES se A. a Flamme, Esquire JAL /wak Enclosure cc: J.F. Neuber, Jr. General Contracting, Inc. R.S. Mowery & Sons John B. Haines, IV Jack Kibblehouse Dan Condiles t U.S. Postziil - CERTIFIEDMAIL RECEIPT ( DomesticUail • P r o vided) r- O ° ru US Real Estate Limited Partnership ru U_ Postage $ . o M Certified Fee .3.10 e el Postmark ° Return Receipt Fee Here rl (Endorsement Required) 2.55 C"'t ° O Restricted Delivery Fee ., (Endorsement Required) 4' C3 ° Total Postage & Fees $ 6.11 rrl Name (Please Print Clearly) (to be completed by mailer) US Real Estate L_i_m_ited Partnership n- - -- -- - -------------------- - - - - -- - ------------------------------ Street, A t. No.; or PO Box No. Er 9830 Colonnade Boulevard, Suite 600 ° --------------------- - - - - -- -------------------------------- - - - - -- - - - - -- r.. City, State, ZIP +4 San Antonio, TX 78230 PS Form 3800, July 199 See Reverse for Instructions • CO MPLETE THIS SECTIO ■ Complete. items 1, 2, and 3. Also complete A: Signature iternA if Restricted Delivery is desired. r ■ Pririt ,you.. n 11 Agent amd''and address on the reverse "'' so that we can return the card to you. ❑ Addressee ■ Attach this card to the back of the mailpiece, "Received by( Printed Na e) C. Da ;e of Delivery or on the front if space permits. I. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No US Real Estate Limited Partnersh p 9830 Colonnade Boulevard, Suite 00 San Antonio, TX 73230 r13 ervice Type Certified Mail ❑ Express M7ndise Registered ® Express Re Insured Mail ❑ C.O.D. estricted Delivery? (Extra Fee) Q Yes 2. Article Number (Transfer from service label) 7099 34 00 0 010 3992 2 0 9 7 PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540 NOTICE OF INTENTION TO FILE MECHANICS' LIEN TO: US REAL ESTATE LIMITED PARTNERSHIP NAME OF CLAIMANT: Rahns Trucking, Inc. NAME OF PERSON WHOM CLAIMANT CONTRACTED: J.F. Neuber, Jr. General Contractor, Inc. AMOUNT CLAIMED DUE: Four Hundred Sixty Seven Thousand Three Hundred Forty Five and 58/100 Dollars ($467,345.58) GENERAL NATURE AND CHARACTER The general nature and character of labor and materials furnished by Claimant was in connection with and incidental to the construction of improvements for the Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Pennsylvania and included, but was not limited to, trucking and hauling concrete materials to and for the project: DATE OF COMPLETION OF WORK or DAY LAST WORKED ON PROJECT: December 10, 2012 DESCRIPTION OF PROPERTY SUBJECT TO LIEN Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Pennsylvania 17105 THIS NOTICE IS TO INFORM YOU THAT THE ABOVE NAMED CLAIMANT INTENDS TO FILE A MECHANIC'S LIEN CLAIM FOR THE WORK AND MATERIALS PROVIDED. F:\Rahns\MounWn Creek Distribution CenterWotice of Intention to file Mechanics lien trucking.wpd VERIFICATION I, John R. Kibblehouse, Sr., state under the penalties of 18 Pa.C.S. Section 4904 (relating to unsworn falsification to authorities) that I am Treasurer of H.Y.K. Construction Co., Inc. , a corporation organized and doing business under the laws of the Commonwealth of Pennsylvania; that I make this verification on its behalf being authorized to do so; and that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. Dated: 6 -�/Iohn �RKibblehouse, Sr. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff TW:l Jody S Smith .Y30 pil-j-. 02 Chief Deputy w3mA Richard W Stewart CPENNSNTY Solicitor OMGEOFTHE"..ERIP: LVANIA Rahns Trucking, Inc. Case Number vs. 2013-2418 US Real Estate Limited Partnership, SHERIFF'S RETURN OF SERVICE 05116/2013 12:59 PM-Deputy William Cline, being duly sworn according to law, served the requested Mechanics Lien Claim upon the within named Defendant, to wit: US Real Estate Limited Partnership,, pursuant to Order of Court by"Posting"the premises located at 720 Allen Road, South Mi dl ton, Carlisle, PA 17015 with a true and correct copy according to law. Mid dl/,,a a, 64ILLIAM CLINE, DEPUTY SHERIFF COST: $40-38 SO ANSVV��S, May 17, 2013 RO*YfZ ANDERSON, SHERIFF NOTARIAL SEAL CLAUDIA AAREWBAKERl NOTARY PUBLIC Carlisle Boro,Cumberland County My Commission Expires April 4,2017 , ------------ ------ ------ ----------- NOTARY Affirmed and subscribed to before me this day o f�� "04 -(c)CauntySuiie Sheriff,701eOSOfi,InCr IGr z V I r°iC il RO, T11C.NOTAP%Y 2413 J!I -4 A 10: 25 CUMBERLAND COUNTY PAUL R. OBER& ASSOCIATES PLENINSYLVANIA BY: Joseph A. La Flamme, Esquire Attorney I.D. #73603 234 North Sixth Street Reading PA 19601 (610) 378-0121 Attorney for Claimant Rahns Trucking, Inc., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Claimant PENNSYLVANIA V. CIVIL ACTION-LAW US Real Estate Limited Partnership, NO. 13-2418 MLD Respondent AFFIDAVIT OF SERVICE (720 Allen Road,Carlisle, Cumberland County, Pennsylvania) COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF BERKS ; I,Joseph A. La Flamme,Esquire,being duly sworn according to law and depose and say as follows: 1. At 12:59 p.m. on May 16,2013,the Cumberland County Sheriff duly served upon US Real Estate Limited Partnership by posting a notice of the filing of the Mechanics' Lien Claim filed herein bearing the Court,term and number and date of filing of said Claim. True and correct copies of the Cumberland County Sheriff's Department's Request for Service and Return of Service are attached hereto as Exhibit"A." 2. A true and correct copy of the Mechanics'Lien Claim Notice of Claim to Owners is attached hereto as Exhibit`B." Respectfully submitted, PAUL R. OBER& ASSOCIATES By: o eph A. La Flamme, Esquire ttorney for Claimant F:\Rahns\N4ountain Creek Distribution Center\Affidavit of Service-Rahns Trucking.wpd EXHIBIT A Request for Service Ronny R.Anderson, Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717-240.6390 Fx: 717.z4O.6397 Plaintiff/s: Court Number: FL3�- t1!!MLD Rahns Trucking,Inc. Expiration Date: June 1,2013 ............... ........... Type of Action: Mechanics'Lien Claim Defendant/s: Us Real Estate Limited Partnership Serve Upon: US Real Estate Limited Partnership,Mountain Creek Distribution Center Address for Service: 720 Allen Road Carlisle State 17105 ............. FP Alternate Address for for Service: .................... State PA Type of Service: Adult in Charge Personal Deputize r-1 Certified Mail Posting **Copy of Court Order Required with Posting** Special Service Instructions: Post upon a conspicuous part of the improvement pursuant to Pennsylvania Statute 49 Section 1502(c). ----------........ *If service is to be made by deputized service to another county please specify which county* Filing Attorney: Name: Joseph A.La Flamme,Esquire .......... .............. Address: 234 North 6th Street 11!.e-ad..i-ng ............ State IPA !6 --------- F1 Phone Number: +1 (610)378-0121 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OF CM OF T(-=SItER FF Rahns Trucking, Inc. vs. Case Number US Real Estate Limited Partnership, 2013-2418 SHERIFF'S RETURN OF SERVICE 05/16/2013 12:59 PM - Deputy William Cline, being duly sworn according to law, served the requested Mechanics Lien Claim upon the within named Defendant, to wit: US Real Estate Limited Partnership„ pursuant to Order of Court by"Posting"the premises located at 720 Allen Road, South Middleton, Carlisle, PA 17015 with a true and correct copy according to law. , LLIAM CLINE, DEPUTY SHERIFF COST: $40.78 SO ANS �Es May 17, 2013 RO ANDERSON, SHERIFF NOTARIAL SEAL CLAUDIA A. BREWBAKER,NOTARY PUBLIC Carlisle B6ro, Cumberland County My Commission Expires April 4, 2017 Affirmed and subscribed to before me this NOTARY day of L (c:_i CounpiSUte Sheriff,'i cieaso(; Inc. EXHIBIT B PAUL R. OBER& ASSOCIATES BY: Joseph A. La Flamme, Esquire Attorney I.D. #73603 234 North Sixth Street Reading PA 19601 (610) 378-0121 Attorney for Claimant Rahns Trucking, Inc., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Claimant PENNSYLVANIA V. CIVIL ACTION - LAW US Real Estate Limited Partnership, NO. 13-2418 MLD Respondent MECHANICS' LIEN CLAIM NOTICE OF CLAIM TO OWNERS (720 Allen Road,Carlisle, Cumberland County,Pennsylvania) TO: US Real Estate Limited Partnership Mountain Creek Distribution Center 720 Allen Road Carlisle, PA 17105 TAKE NOTICE that on the 2" day of May, 2013 in the Court of Common Pleas of Cumberland County at number and term 13-2418 MLD,Rahns Trucking,Inc.has filed a Mechanics' Lien Claim for labor, materials and equipment furnished by Claimant in connection with and incidental to the construction of improvements for the Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Cumberland County,Pennsylvania, and included,but was not limited to, trucking and hauling of concrete materials. A true and-correct copy of the Mechanics' Lien Claim is attached hereto. By: seph A. La Flamme, Esquire ttomey for.Claimant FARahnsWountain Creek Distribution CenterNoti=of Claim to Owners-Rahns Truclang,wpd OF T liFE P 0 Tye j`. fl TAR 1�'1��Y 9: 57 PAUL R. OBER& ASSOCIATES C UhlBER4 ---- --- la mme, Esquire AND COUNTY Attorney_I.D. #_73603 S Y. NIA 234 North Sixth Street - Reading PA 19601 (610) 378-0121 Attorney for Claimant Rahns Trucking, Inc., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Claimant PENNSYLVANIA V. CIVIL ACTION- LAW US Real Estate Limited Partnership, NO. Respondent MECHANICS' LIEN CLAIM (720 Allen Road, Carlisle, Cumberland County, Pennsylvania) AND NOW, comes Claimant, Rahns Trucking, Inc. and hereby files the following Mechanics' Lien Claim for the labor and materials furnished by Claimant in connection with and incidental to the construction of improvements for the Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Cumberland County, Pennsylvania including, but not limited to, trucking and hauling of concrete for the project, herein described, upon the following statements: 1. Claimant, Rahns Trucking, Inc., with an address of P.O. Box 26410, Rahns,Pennsylvania 19426 files this Mechanics' Lien Claim as Subcontractor. 2. The Owner and/or Reputed Owner of the property subject to the lien is US Real Estate Limited Partnership ("Owner") with an address of 9830 Colonnade Boulevard, Suite 600, San Antonio, Texas 78230. 3. The date upon which Claimant completed the work for which claim is made was on or about December 10, 2012. 4. The Contract under which the work was done and materials furnished was made with J.F. Neuber, Jr. General Contractor, Inc. (the"Contractoe),a Pennsylvania corporation with a place of business at 42 Ridge Road,Phoenixville,Pennsylvania 19464 and a mailing address of P.O. Box 745, Kimberton, Pennsylvania 19442. 5. Neuber's Contract was with R.S. Mowery& Sons, Inc., the General Contractor who had a contract with the Owner for construction of the Project. 6. Claimant files this claim under a contract with the Contractor wherein Claimant agreed to furnish labor,materials and equipment including,but not limited to,trucking and hauling of concrete materials in connection with and required for the Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Cumberland County, Pennsylvania. 7. The general nature and character of the labor,materials and equipment fin-nished by Claimant was in connection with and incidental to the construction of improvements for the Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Cumberland County, Pennsylvania, and included, but was not limited to, trucking and hauling of concrete materials. 8. To the extent that Claimant has not completed improvements, Claimant has been excused, prevented and/or hindered by the Owner and/or Contractor from completing the improvements due to, inter alia, lack of payment. 9. Formal notice of intention to file a Mechanics'Lien Claim was served on Owner by Certified 2 Mail on or about March 25, 2013 as evidenced by copies of said formal notice attached hereto as Exhibit"A." 10. This claim is made for the work, labor and materials described below: a. Trucking and hauling of 20,057.75 cubic yards of concrete at $23.30/cubic yard 11. The amount claimed due Claimant is Four Hundred Sixty Seven Thousand Three Hundred Forty Five and 581100 Dollars ($467,345.58)plus interest. 12. The property subject to the lien is all that certain piece,parcel or lot of land and the building or buildings thereon known as Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Cumberland County,Pennsylvania 17105. 13. Any waiver of liens that may have been filed is against public policy,ineffective,unlawful, and/or void under the Pennsylvania Mechanics' Lien Law of 1963, as amended. Respectfully submitted, PAUL R. OBER& ASSOCIATES cafeph Ada Flamme,Esquire Attorney for Claimant F:\Pahns\Mountain Creek Distribution Center\Mechanics'Lip-n Claim Rahns Trucking.wpd 3 EXHIBIT A PAUL 1D—. OMQ Cc� A880C1ATB A PENN_-MVAMA PAMEP.SHiP PAUL P OBER ATTORNEYS AT LAW JOHN J.MURPHY,JR.(1984) TERRY L.PARISH 234 N.6"STREET J kMES L.DAVIS READING,PENNSYLVANIA 19601 CHARLES M.WATKINS BOYERTOWN OFFICE: JOSEPH A.LA FLAME,P.E•'• B� PA 19512 THOMAS C.ANEWALT (61D)367-6991 MICHELLE A RHIZOR` aggressive advocacy 63-0)33$=03 3 FAX(610)379-9712 ALSO K-=MBEPCAL-OPMkBAP jalaflamme @oberandassociates.com `ALSO KEMBEP.NEV JERSEY&FLOPIDA BAPS 'LLM.IN'rAxknoN «ALSO MEMBER NEW JERSEY BAP. LICENSED PP.OFES510NAL ENGIN EP March 22 2013 IN PENNSYLVANIA,FL.OPMA&NEW YORK VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED US Real Estate Limited Partnership 9830 Colonnade Boulevard, Suite 600 San Antonio, TX 78230 RE: Mountain Creek Distribution Center Project 720 Allen Road, Carlisle, Pennsylvania _ Rahns Trucking,Inc. NOTICE OF INTENTION TO FILE MECHANICS' LIEN To Whom It May Concern: This Firm represents Rahns Trucking,Inc.,with regard to work performed on the Mountain Creek Distribution Center Project located at 720 Allen Road,Carlisle,Pennsylvania(the"Project"). Rahns Trucking, Inc., is currently owed in excess of Four Hundred Sixty Seven Thousand Three Hundred Forty Five and 58/100 Dollars ($467,345.58) for work, labor, materials and equipment provided and/or performed in connection with the Project including,but not limited to,trucking and hauling of concrete materials to and from the Project. Be advised that Rahns Trucking, Inc. intends to file a mechanics' lien against the real property upon which it performed the work, including, but not limited to, real property owned in whole or in part by US Real Estate Limited Partnership for the work,labor,materials and equipment provided and/or performed in connection with the Project. Enclosed is the Notice of Intention to File Mechanics' Lien addressed to US Real Estate Limited Partnership. Also, please forward to us any and all Payment Bonds posted with regard to the Project. SUBURBAN OFFICES by appa-t--t HAMBL-PG,PA 1952,6 (610) 362-5679 1244 WE ST HAMILTON STREET,AI I E TV)1,PA 16102 (610)X37 X55 P.O. BOX 196, S=PACIC, PA 19474 (4E4)576-0233 PAUL I-. OBEQ 0 A&SOCIATEs US Real Estate Limited Partnership March 22, 2013 Page 2 Should you have any questions, do not hesitate to contact me. Very truly yours, PAUL R. OBER& ASSOCIATES se A. a Flamme,Esquire JAL/wak Enclosure cc: J.F. Neuber, Jr. General Contracting, Inc. R.S. Mowery & Sons John B. Haines, IV Jack Kibblehouse Dan Condiles ru US Real Estate Limited Partnership ru -0- -Postage--$ ._4b Er rTl Certified Fee .3. 10 .rT Postmark O Return Receipt Fee °* Here r-9 (Endorsement Required) 2.55 M Restricted Delivery Fee Ca (Endorsement Required) o $ M Total Postage&Fees 6. 11 r'rl I Name(Please Print Clearly)(ro be completed by mailer) US Real Estate Limited Partnership n- ------------- - Street,Apt. or PO Box No 9830 Colonnade Boulevard, Suite 600 City,State,ZIP+4 ---------------------------------------------------------------------- San Antonio, TX 78230 a Compiete.items 1,2,and 3.Also complete a Signature item►—i f Restricted Delivery is desired. "` s ❑Agent 1.® Print.your,naive and address on the reverse ;," ❑Addressee so that we can retum the card to you. 8:--.Received ® Attach this Card to the back of the mailpiece, �.�p� .'(tented N e) C. D e of Delivery or on the front if space permits. �J 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter delivery address below: ❑ No US Real Estate Limited Partnersbip 9830 CoiounaLe Boulevard, Suite 00 San Antonio, TX 73230 3. Service Type M Certified Mail ❑Express Mail E3 Registered ® Return Receipt for Merchandise 0 Insured Mail ❑C.O.D. 4. Restricted Defivery?prtra Fee) a Yes 2 Article Number ( 7099 3400 0010 3992 2097 (Transfer service fabeq PS Form 3811,February 2004 Domestic Return Receipt lozs,s o2 nti lsao NOTICE OF INTENTION TO FILE MECHANICS, LIEN TO: US REAL ESTATE LIlv=D PARTNERSHIP NAME OF CLAIMANT: Rahns Trucking, Inc. - NAME OF PERSON WHOM CLAIMANT CONTRACTED: J.F. Neuber, Jr. General Contractor, Inc. AMOUNT CLAIMED DUE: Four Hundred Sixty Seven Thousand Three Hundred Forty Five and 581100 Dollars ($467,345.58) GENERAL NATURE AND CHARACTER The general nature and character of labor and materials furnished by Claimant was in connection with and incidental to the construction of improvements for the Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Pennsylvania and included, but was not limited.xo, trucking and hauling concrete materials-to and for the project- DATE OF COMPLETION OF WORK or DAY LAST WORKED ON PROJECT: December 10, 2012 DESCRIPTION OF PROPERTY SUBJECT TO LIEN Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Pennsylvania 17105 THIS NOTICE IS TO INFORM YOU THAT THE ABOVE NAMED CLAIMANT INTENDS TO FILE A MECHANIC'S LIEN CLAIM FOR THE WORK AND MATERIALS PROVIDED. FARahnslMountain Creek Distribution CenterWotice of Intention to file Mechanics lien trucking.wpd VERIFICATION I,John R.Kibblehouse,Sr.,state under the penalties of 18 Pa.C.S. Section 4904 (relating Secretary/ to unsworn falsification to authorities) that I am Treasurer of H.Y.K. Construction Co. , Inc. , a corporation organized and doing business under the laws of the Commonwealth of Pennsylvania;that I make this verification on its behalf being authorized to do so; and that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. Dated: ) .3 ohn R. Kibblehouse, Sr. McNEES WALLACE & NURICK LLC James W. Kutz, Esquire 1 All 10. 5 I.D. No. 47245 ' (J9E�LND COUN 100 Harrisburg,tPAt 17108Box 1166 PENJV SYLVAN/A Tr (717) 237-5441 ikutz(a�mwn.com Attorneys for Respondent Rahns Trucking, Inc., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Claimant V. CIVIL ACTION — LAW US Real Estate Limited Partnership, NO. 13-2418 MLD Respondent : MOTION TO DISCHARGE MECHANICS' LIEN AGAINST PROPERTY AND NOW comes US Real Estate Limited Partnership ("US Real Estate"), through their undersigned counsel, and petitions this Honorable Court to discharge the mechanics' lien against property owned by Respondent filed by Rahns Trucking, Inc. ("Rahns Trucking"), and in support thereof, avers the following: 1. US Real Estate is the owner or purported owner ("Owner"), as that term is defined in the Mechanics' Lien Law of 1963, 49 P.S. § 1101 et seq., as amended, of the real property located at 720 Allen Road, Carlisle, Pennsylvania ("Property"). 2. R.S. Mowery & Sons, Inc. ("Mowery") served as the general contractor for the construction of a warehouse/office facility for Owner located on the aforesaid Property ("Project"). 3. On or about May 2, 2013, Rahns Trucking filed in the Office of the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, a mechanics' lien claim for the sum of $467,345.58 ("Rahns Trucking's Lien Claim") against US Real Estate's interest in the Project and Property for materials, labor, and equipment allegedly provided pursuant to an alleged contract between Rahns Trucking and J.F. Neuber, Jr. General Contractor, Inc. ("Neuber"), a subcontractor to Mowery on the Project. 4. Concurrently with the filing of the mechanics' lien described herein, a separate entity of Rahns, Rahns Construction Materials Co., a division of H.Y.K. Construction Co., Inc. ("Rahns Construction") filed in the Office of the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, a mechanics' lien claim for the sum of $320,849.91 ("Rahns Construction's Lien Claim") against US Real Estate's interest in the Project and Property for materials, labor, and equipment allegedly provided by Rahns Construction pursuant to a contract between Rahns Construction and Neuber, a subcontractor to Mowery on the Project. A similar motion to discharge the Rahns Construction's Lien Claim Against Property is being filed concurrently herewith with this Honorable Court. 5. The Pennsylvania Mechanics' Lien Law, specifically Section 1510(d), authorizes this Motion to Discharge Mechanics' Lien Against Property and the deposit of security in double the amount of the lien as the security proposed by US Real Estate herein. 6. US Real Estate requested its general contractor, Mowery, to discharge Rahns Trucking's Lien Against Property by filing appropriate security with the Cumberland County Court of Common Pleas pursuant to Section 1510 of Pennsylvania's Mechanics' Lien Law. 2 7. US Real Estate attaches hereto, and incorporates herein, a Surety Bond obtained by its general contractor, Mowery, in double the amount of Rahns Trucking's Lien Claim. The aforesaid Surety Bond is attached hereto as Exhibit A. 8. The attached Surety Bond satisfies and complies with all requirements of Pennsylvania's Mechanics' Lien Law. 9. Counsel for US Real Estate has personally communicated with counsel for Rahns Trucking with respect to this Motion to Discharge Mechanics' Lien Against Property and Proposed Order. 10. Counsel for Rahns Trucking has affirmatively agreed to US Real Estate's Motion to Discharge Mechanics' Lien Against Property pursuant to 49 P.S. § 1510(d). WHEREFORE, US Real Estate Limited Partnership respectfully requests that this Honorable Court determine the amount and form of the proposed Surety Bond to be proper, and that the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, be directed to discharge of record Rahns Trucking's Lien Claim Against Property filed on May 2, 2013, in the Court of Common Pleas of Cumberland County, Pennsylvania. Respectfully submitted, MCNE S WALL.ACE & NURICK LLC By James . Kutz I.D. No. 47245 Geoffrey B. Fehling I.D. No. 311711 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 Telephone: (717) 237-5441 Dated: July �U , 2013 Attorneys for US Real Estate Limited Partnership 3 EXHIBIT A TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA COMMONWEALTH OF PENNSYLVANIA Bond No. 105873519 COUNTY OF CUMBERLAND In the Matter of the Application of R.S.Mowery&Sons,Inc., BOND DISCHARGING Contractor MECHANIC'S LIEN For an Order Discharging a Certain Mechanic's Lien Filed by Rahns Trucking,Inc., Lienor KNOW ALL MEN BY THESE PRESENTS, That we, R.S. MOWERY & SONS, INC., as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Corporation created, organized and existing under and by virtue of the laws of the State of Connecticut, as Surety, are held and firmly bound unto RAHNS TRUCKING,INC. ("Rahn"),in the sum of Nine Hundred Thirty Four Thousand Six Hundred Ninety One and 16/100 Dollars ($934,691.16), lawful money of the United States of America, conditioned for the payment of any and all amounts finally determined to be due to Rahns relating to the mechanic's lien described herein. WHEREAS, on the 2°d day of May, 2013, a certain mechanic's lien claim in the amount of Four Hundred Sixty Seven Thousand Three Hundred Forty Five and 58/100 Dollars ($467,345.58) was filed by Rahns in the Court of Common Pleas of Cumberland County, Pennsylvania, at No. 13-2418 MLD, against property allegedly owned by US Real Estate Limited Partnership,alleged owners,which is described as follows: Mountain Creek Distribution Center,720 Allen Road,Carlisle,Pennsylvania 17105 NOW, THEREFORE, THE CONDITION of this obligation is such that if the above bounden R.S. Mowery & Sons, Inc., or its assigns, shall well and truly pay amounts finally determined to be due to Rahns in the mechanic's lien proceedings or in any action to enforce said liens, not exceeding the sum of Nine Hundred Thirty Four Thousand Six Hundred Ninety One and 16/100 Dollars ($934,691.16), then this obligation is void, otherwise to remain in full force and effect. SEALED with our seals and dated this 28th day of May,2013. R.S.MOWERY&SONS,INC. BY: 26UVL Bruce Rosendale,Executive Vice President TRAVftFE ND SURETY COMP BY: R ert N. S ttorne fact WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 214134 Certificate No. 004004359 KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Robert N.Striewig Jr.,and Anthony S.Phillips of the City of Wnrmleyshnrg State of Pennsylvania their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions 950;oceedings allowed by law. �y � q 14th IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and theircororate seals to be hereto affixed,this day of December 2010 Farmington Casualty Company ' St.Paul Mercury Insurance Company Fidelity and Guaranty Insur;nc Commpanuo Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine.Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company pA6Uq� F1PE \PN INgG Y N4(:N P�tY AryO �� ,tY \+..(7.,'pp♦0A'�)` J y �.�.......9 Jp. 9 9J e ISW !?y YY• 't M0 (~7O3 j�� /��jW 6 9£ ftORPWRATf.t P: 'f,s 9 1�7I I NTH m �1 m tp0.PORATf?,n a �85� �' J`•SEAL,i'"S �: 'o CONN. n CONK. @ a 1896 y a :� o ��.,, o• o\SBAL,a WOo �y� PN �� LRANCFG vf.......-�a'�f °v:'•.... ...:Via° 'rG �a� �"..-..'� �O State of Connecticut By: City of Hartford ss. Georg Thompson, enior ice President On this the 4th day of December 2010 before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2011. �'OtIBUG * Marie C.Tetreault,Notary Public 58440-4-09 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company;which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant,to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be.affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United�SiatesiFidal y�and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compam s� hich'i iin'--full for."ce�nd effect and has not been revoked. 1y IN TESTIMONY WHEREOF,I have hereunto set my hand and-Axe he-seals of said"Comp this�C� day of d '20/ ` ,9-, Kori M.Johan Assistant Secretary GhSU,��r L JF\RE 4� Q\*N•IMSU9 Jp+•\NS"A" °JP�iY ANpB �!'Ad y ��jY�i pPORAT''•!� f'„ a HaarwAn" ��watwR0.� < ' t"��• 1982 o t �ba�aa 1951 a �y SEALio°f Y• F _ d � 'en�mNC IfMA� To verify the authenticity of this Power of Attorney,call 1-800421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served upon the following individual(s) in the manner indicated: Joseph A. La Flamme, Esquire PAUL R. OBER & ASSOCIATES 234 North Sixth Street Reading, PA 19601 Attorneys for Claimant "'_'Lit James Wrfutz Dated: July I, 2013 i ; RAHNS CONSTRUCTION MATERIALS CO., A DIVISION OF H.Y.K. II CONSTRUCTION CO., INC., Claimant IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT V. 2013-2418 CIVIL TERM US REAL ESTATE LIMITED MECHANICS' LIEN PARTNERSHIP, Respondent IN RE: MOTION TO DISCHARGE MECHANICS' LIEN AGAINST PROPERTY ORDER OF COURT to AND NOW, this23 day of July 2013, upon consideration of Claimant's Motion to Discharge Mechanics' Lien Against Property, a RULE is issued upon respondent to show cause why the relief requested should not be granted. CLAIMANT shall serve this Rule upon respondent in accordance with the Pennsylvania Rules of Civil Procedure. RULE RETURNABLE twenty (20) days from the date of service by PLAINTIFF. Distribution: Thomas Pjacey C.P.J. Joseph A. LaFlamme, Esq. € na cw e ✓James W' . Kutz, Esq. r-°,-,c r-a -1 7 2/13 BCD _�� ;c, Rahns Trucking, Inc., IN THE COURT OF COMMON PLEAS - + -,, CUMBERLAND COUNTY, PENN,-L, Claimant -rn, V. CIVIL ACTION - LAW US Real Estate Limited Partnership, m r ry NO. 13-2418 MLD 5;C ` ' m Respondent ORDER AND NOW this day of , 2013, and in consideration of the Motion to Discharge Mechanics' Lien Against Property filed by US Real Estate Limited Partnership, and in consideration of the Stipulation provided to this Court by the parties related to that Motion, said Motion is hereby GRANTED. US Real Estate Limited Partnership having caused a surety bond obtained by R.S. Mowery & Sons,- Inc., a copy of which is attached to the Motion as Exhibit A, to be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, the Prothonotary of the'Court of Common Pleas of Cumberland County, pursuant to 49 P.S. §1510, is directed to discharge the mechanics' lien as against the property filed by Rahns Trucking, Inc. on or about May 2, 2013 pursuant to 49 P.S. §1510. This Order does not preclude Claimant from filing a Complaint to Enforce the Lien consistent with the Pennsylvania Mechanics' L' BY THE RT: Thomas A.Placey J. Common Pleas Judge Pj�tribution List: Joseph A. La Flamme, Esquire, PAUL R. OBER &ASSOCIATES, 234 North Sixth Street Reading, PA 19601 -Attorneys for Claimant James W. Kutz, Esquire, McNees Wallace & Nurick LLC, P.O. Box 1166, Harrisburg, PA 17108-1166 -Attorneys for Respondent loll McNees Wallace & Nurick LLc .LAMES W.KUTZ 100 Pine Street* PO Box 1166 * Harrisbur.,P 17 103-11&6 DIRECT DIAL:(717)237-5441 � DIRECT FAX:(717)260-1714 Ipl: 717,232.800 e Fax: 717,237.53 0 E-MAIL ADDRESS:JKUTZaMWN.COM August 12, 2013 The Honorable Thomas Placey Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013-3387 RE: Rahns Construction Materials Co., a division of H.Y.K. Construction Co., Inc. v. US Real Estate Limited Partnership (No. 2013-2417) and Rahns Trucking, Inc. v. US Real Estate Limited Partnership (No. 2013-2418) Dear Judge Placey: The purpose of this letter is to advise you that the parties to the above-referenced mechanics' lien actions have reached a stipulation with respect to the recent Rules Returnable which were issued by this Court following Motions to Discharge Mechanics' Liens Against Property filed by US Real Estate Limited Partnership. While the parties respectfully request that you sign the attached Orders, based on communications with your office, it is our understanding that we are to provide you with some background with respect to this stipulation, and accordingly we have done so below. We are enclosing two Proposed Orders because there are Mechanics' Lien Claims filed under two separate docket numbers by two separate entities, Rahns Construction Materials Co., a division of H.Y.K. Construction Co., Inc., and Rahns Trucking, which allege that each entity served as a second tier subcontractor for Neuber Concrete on a project owned by US Real Estate Limited Partnership, for which R. S. Mowery served as the General Contractor. On July 11, 2013, the Owner, through the General Contractor, R. S. Mowery, provided two separate bonds (one for each action) in double the face amount of the lien claim as required by the Pennsylvania Mechanics' Lien Law. At the same time, US Real Estate Limited Partnership also filed a Motion to Discharge both liens as against the property, although it is understood that once the liens themselves are discharged, that the bonds would merely replace the liens as security, and that a Complaint to enforce the lien could ultimately be filed by the Claimants in both cases. Thereafter, this Honorable Court issued a Rule in both actions to show why the relief requested by US Real Estate Limited Partnership should not be granted. Counsel for US Real Estate Limited Partnership subsequently served those Rules on counsel for Claimants www.mwn.com HARRISBURG, PA c LANCASTER, PA o STATE COLLEGE, PA c COLUMBUS, OH 0 WASHINGTON, DC The Honorable Thomas Placey August 12, 2013 Page 2 in both actions. As a result of discussions between counsel, the parties have agreed to a stipulation that an Order should be issued which discharges the mechanics' lien against the property, and recognizes that the underlying mechanics' lien Complaint may still proceed. The parties believe that the attached proposed Order in both cases satisfies that requirement, and jointly request that these Orders be signed by the Court. Thank you for your consideration of this request. Please let us know if you require any further information. Very truly yours, MCN ES WA,LA E NURICK LLC PAUL R. OBER &ASSOCIATES By By J mes W. Ku 'Jeph . La Flamme JWKImrs Enclosures I , • ot= T } ED-0, Fir- 'L THE h0ttQ s; r<' T TAR y 3E3 OCT -3 Pty 2: 09 2913SEP 4• /l: 46 CUNRERL No coutiry cumBFRL AND COUNTY ViA N PAS , lt. (?BEE-& ASSOCIATES la BY: Joseph A. La Flamme, Esquire Attorney I.D. #73603 234 North Sixth Street Reading PA 19601 (610) 378-0121 Attorney for Claimant Rahns Trucking, Inc., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Claimant/Plaintiff : PENNSYLVANIA v. : CIVIL ACTION -LA_W US Real Estate Limited Partnership, : NO /3--,,,,19/8) L) Respondent/Defendant : NOTICE TO DEFEND-CIVIL 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 REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 717-249-3166/800-990-9108 PAUL R. OBER& ASSOCIATES BY: Joseph A. La Flamme, Esquire Attorney I.D. #73603 234 North Sixth Street Reading PA 19601 (610) 378-0121 Attorney for Claimant Rahns Trucking, Inc., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Claimant/Plaintiff : PENNSYLVANIA v. : CIVIL ACTION - LAW US Real Estate Limited Partnership, : NO. 13-2418 MLD Respondent/Defendant : COMPLAINT IN ACTION UPON MECHANICS' LIEN AND NOW comes Plaintiff,Rahns Trucking,Inc.,by and through its attorneys,Paul R.Ober &Associates, files this Complaint in Action Upon Mechanics' Lien averring, as follows: 1. Plaintiff, Rahns Trucking, Inc., is a Pennsylvania corporation with its principal place of business at 430 Rahns Road, Rahns, Pennsylvania 19426. 2. Defendant,US Real Estate Limited Partnership, is a limited partnership with an address of 9830 Colonnade Boulevard, Suite 600, San Antonio, Texas 78230. 3. The name and address of the contractor with whom Plaintiff contracted is J.F. Neuber, Jr. General Contractor, Inc., a Pennsylvania corporation with a place of business at 42 Ridge Road,Phoenixville,Pennsylvania 19464 and a mailing address of P.O.Box 745,Kimberton, Pennsylvania 19442. 4. On May 2,2013,Plaintiff filed a Mechanics' Lien Claim in the Court of Common Pleas of Cumberland County, Pennsylvania at Docket No. 13-2418 MLD. A true and correct copy of the Mechanics' Lien Claim is attached hereto as Exhibit"A." WHEREFORE, Plaintiff, Rahns Construction Materials Co., a division of H.Y.K. Construction Co., Inc.,demands judgment in the amount of Four Hundred Sixty Seven Thousand Three Hundred Forty Five and 58/100 Dollars ($467,345.58)plus interest and costs of suit. Respectfully submitted, PAUL R. OBER& ASSOCIATES By: LA',r.� °--------- '�. :h A. La Flamme,Esquire / torney for Plaintiff F:\Rahns\Ivlountain Creek Distribution Center\Complaint in Action Upon Mechanics'Lien-Rahns Trucking.wpd 2 EXHIBIT A tit PROTHON"fl4 7013110 -2 AK 9: 57 PAUL R. OBER& ASSOCIATES UI„�BERL Atdp CO NTY BY: Joseph A. La Flamme, Esquire PE NS YLVANI Attorney I.D. #73603 A 234 North Sixth Street Reading PA 19601 (610) 378-0121 Attorney for Claimant Rahns Trucking, Inc., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Claimant : PENNSYLVANIA v. : CIVIL ACTION- LAW n US Real Estate Limited Partnership, : NO. 13 — c' Ll a Respondent : MECHANICS' LIEN CLAIM (720 Allen Road, Carlisle, Cumberland County, Pennsylvania) AND NOW, comes Claimant, Rahns Trucking, Inc. and hereby files the following Mechanics' Lien Claim for the labor and materials furnished by Claimant in connection with and incidental to the construction of improvements for the Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Cumberland County, Pennsylvania including, but not limited to, trucking and hauling of concrete for the project, herein described, upon the following statements: 1. Claimant, Rahns Trucking, Inc., with an address of P.O. Box 26410, Rahns, Pennsylvania 19426 files this Mechanics' Lien Claim as Subcontractor. 2. The Owner and/or Reputed Owner of the property subject to the lien is US Real Estate Limited Partnership ("Owner") with an address of 9830 Colonnade Boulevard, Suite 600, Illk San Antonio, Texas 78230. 3. The date upon which Claimant completed the work for which claim is made was on or about December 10,2012. 4. The Contract under which the work was done and materials furnished was made with J.F. Neuber, Jr. General Contractor, Inc. (the "Contractor"),a Pennsylvania corporation with a place of business at 42 Ridge Road,Phoenixville,Pennsylvania 19464 and a mailing address of P.O. Box 745, Kimberton, Pennsylvania 19442. 5. Neuber's Contract was with R.S. Mowery & Sons, Inc., the General Contractor who had a contract with the Owner for construction of the Project. 6. Claimant files this claim under a contract with the Contractor wherein Claimant agreed to furnish labor,materials and equipment including,but not limited to,trucking and hauling of concrete materials in connection with and required for the Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Cumberland County, Pennsylvania. 7. The general nature and character of the labor,materials and equipment furnished by Claimant was in connection with and incidental to the construction of improvements for the Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Cumberland County, Pennsylvania, and included, but was not limited to, trucking and hauling of concrete materials. 8. To the extent that Claimant has not completed improvements, Claimant has been excused, prevented and/or hindered by the Owner and/or Contractor from completing the improvements due to, inter alia, lack of payment. 9. Formal notice of intention to file a Mechanics' Lien Claim was served on Owner by Certified 2 • Mail on or about March 25, 2013 as evidenced by copies of said formal notice attached hereto as Exhibit"A." 10. This claim is made for the work, labor and materials described below: a. Trucking and hauling of 20,057.75 cubic yards of concrete at$23.30/cubic yard 11. The amount claimed due Claimant is Four Hundred Sixty Seven Thousand Three Hundred Forty Five and 58/100 Dollars ($467,345.58) plus interest. 12. The property subject to the lien is all that certain piece,parcel or lot of land and the building or buildings thereon known as Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Cumberland County, Pennsylvania 17105. 13. Any waiver of liens that may have been filed is against public policy,ineffective,unlawful, and/or void under the Pennsylvania Mechanics' Lien Law of 1963, as amended. Respectfully submitted, PAUL R. OBER& ASSOCIATES iiiir-0_,...4(4-7,-,,,,___--C2-_____. yeph Ada Flamme, Esquire ttorney for Claimant F:\RahnsSMountain Creek Distribution Center\Mechanics'Lien Claim Rahns Trucking.wpd 3 EXHIBIT A DAUL IQ.. OBEQ 0 MM8QCIATE A PENNSYLVANIA PAP.7NERSHIP PAUL R OBER ATTORNEYS AT LAW JOHN j.MURPHY,JR.(1984) TERRY L.PARISH 234 N.6TH STREET JAMES L.DAVIS READING,PENNSYLVANIA 19601 CHARLES M.WATKINS BOYERTOWN OFFICE: JOSEPH A.LA FLAMME,P.E:" B oyettdarty PA 19512 THOMAS C.ANEWALT aggressive advocacy (610)367-6991 MICHELLE A.RHIZOR (610)378-0121 FAX(610)378-9712 •ALSO MEMBER CALIFORNIA BAR 3alaflamme @oberandassociates.com ▪ALSO MEMBER NEW JERSEY&FLORIDA BAPS LLM.IN TAXATION t ALSO MEMBER.NEW JERSEY BAR 'LICENSED PROFESSIONAL ENGINEER March 22, 20 13 IN PENNSYLVANIA,FLORIDA 6'NEW YORK VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED US Real Estate Limited Partnership 9830 Colonnade Boulevard, Suite 600 San Antonio, TX 78230 RE: Mountain Creek Distribution Center Project 720 Allen Road, Carlisle, Pennsylvania _ - - . .. - - . Rahns Trucking Inc. . .. _ . .. NOTICE OF INTENTION TO FILE MECHANICS' LIEN To Whom It May Concern: • This Firm represents Rahns Trucking,Inc.,with regard to work performed on the Mountain Creek Distribution Center Project located at 720 Allen Road,Carlisle,Pennsylvania(the"Project"). Rahns Trucking, Inc., is currently owed in excess of Four Hundred Sixty Seven Thousand Three Hundred Forty Five and 58/100 Dollars ($467,345.58) for work, labor, materials and equipment provided and/or performed in connection with the Project including,but not limited to,trucking and hauling of concrete materials to and from the Project. Be advised that Rahns Trucking, Inc. intends to file a mechanics' lien against the real property upon which it performed the work, including, but not limited to, real property owned in whole or in part by US Real Estate Limited Partnership for the work,labor,materials and equipment provided and/or performed in connection with the Project. Enclosed is the Notice of Intention to File Mechanics' Lien addressed to US Real Estate Limited Partnership. Also, please forward to us any and all Payment Bonds posted with regard to the Project. SUBURBAN OFFICES by appointment HA-M.-BURG, PA 19526 (610) 562-5879 1244 WhSTHAMILTON STREET,AT.T FNTOWN, PA 18102 (610)457-4-4,55 P.O. BOX 1.95. SKIPPA.CI:, PA 19474 (24)576-0233 ?AUL R.. 013E A&8OCIATE US Real Estate Limited Partnership March 22, 2013 Page 2 Should you have any questions, do not hesitate to contact me. Very truly yours, PAUL R. OBER& ASSOCIATES se A. a Flamme,Esquire JAL/wak Enclosure cc: J.F.Neuber, Jr. General Contracting, Inc. R.S. Mowery & Sons— John B. Haines, IV Jack Kibblehouse Dan Condiles U S Pastf=Service CER1'tFIED MAIL RECEIPT .• (Domestic Marl'Only 1Uo Insurance Colierage.Provrded) m F(rticle.5eriL"To ru US Real Estate Limited Partnership ru Postage $ .46 _ it rn Certified Fee .3.10 _ Postman% O Return Receipt Fee Here r R (Endorsement Required) 2.55 Restricted Delivery Fee • O (Endorsement Required) p Total Postage&Fees $ 6.11 rn Name(Please Print Clearly)(to be completed by mailer) US Real Estate Limited Partnership Er Street Apt No.;or PO Box No. a 9830 Colonnade Boulevard, Suite 600 City,State,ZIP:! San Antonio, TX 78230 �PS-FOFnr`3HQ0.s1lY)999"•�.y'� °;-_.�.' -- a-� SefsRei�e[se•��Ctia[Iss SENDER:COMPLETETHIS SECTION _ COMPLETETHIS SECTION ON DELIVERY ▪ Complete Items 1,Z and 3.Also complete ' .Signature herd 4.1f Restricted Delivery is desired. El Agent • Print yak r.name`and address on the reverse -" Q Addressee so that We Can return the card to you. :Received by(Printed Na e) C. Da a of Delivery Do,E Attach this card to the back of the mailpiece, —�-� or on the front if space permits. *-'t 1. Article Addressed to: D. Is delivery address different from Item 1? ❑Yes If YES,enter delivery address below: 0 No US Real Estate Limited Partnersh_p 9830 Colonnade Boulevard, Suite `00 San Antonio, TX 78230 I 3. Service Type ED Certified Mall ❑ Express Mail ❑Registered ®Return Receipt for Merchandise Q Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) Q Yes 2. Article Number 7099 3400 0010 3992 2097 (Transfer from service label PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 NOTICE OF INTENTION TO FILE MECHANICS' LIEN TO: US REAL ESTATE LIMITED PARTNERSHIP NAME OF CLAIMANT: Rahns Trucking, Inc. NAME OF PERSON WHOM CLAIMANT CONTRACTED: J.F.Neuber, Jr. General Contractor,Inc. AMOUNT CLAIMED DUE: Four Hundred Sixty Seven Thousand Three Hundred Forty Five and 58/100 Dollars ($467,345.58) GENERAL NATURE AND CHARACTER The general nature and character of labor and materials furnished by Claimant was in connection with and incidental to the construction of improvements for the Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Pennsylvania and included, but was not limited to, trucking and hauling concrete materials-to and for the project. DATE OF COMPLETION OF WORK or DAY LAST WORKED ON PROJECT: December 10, 2012 DESCRIPTION OF PROPERTY SUBJECT TO LIEN Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Pennsylvania 17105 THIS NOTICE IS TO INFORM YOU THAT THE ABOVE NAMED CLAIMANT INTENDS TO FILE A MECHANIC'S LIEN CLAIM FOR THE WORK AND MATERIALS PROVIDED. F:\Rahns\ fountain Creek Distribution Center\Notice of Intention to file Mechanics Iien trucking.wpd VERIFICATION I,John R.Kibblehouse,Sr., state under the penalties of 18 Pa.C.S. Section 4904 (relating Secretary/ to unsworn falsification to authorities) that I am Treasurer of H.Y.K. Construction Co. , Inc. , a corporation organized and doing business under the laws of the Commonwealth of Pennsylvania;that I make this verification on its behalf being authorized to do so; and that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. Dated: ) 3 3 l � r/ ohn R. Kibblehouse, Sr. IL VERIFICATION I,John R.Kibblehouse,Sr.,state under the penalties of 18 Pa.C.S. Section 4904(relating Secretary/ to unsworn falsification to authorities) that I am Treasurer of Rahns Trucking, Inc. , a corporation organized and doing business under the laws of the Commonwealth of Pennsylvania;that I make this verification on its behalf being authorized to do so; and that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. Dated: _ Ar✓1`' John R. Kibblehouse, Sr. m SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff C a of Cumber, —0 a c.a rrton x rn Jody S Smith �r A Chief Deputy Richard W Stewart "gyp tit —4 r-3 Solicitor r .� r. s� < CD—77 2 mit f=4 --I fJ Rahns Trucking, Inc. vs. Case Number US Real Estate Limited Partnership, 2013-2418 SHERIFF'S RETURN OF SERVICE 10/25/2013 07:27 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Mechanics Lien Claim upon the within named Defendant, to wit: US Real Estate Limited Partnership„ pursuant to Order of Court by"Posting"the premises located at 720 Allen Road, South Middleton, Carlisle, PA 17015 with a true and correct copy according to law. "7 JASO KINSLE R, D E UTY SHERIFF COST: $40.78 SO ANSWE'S, 1°P.(44 8.,(;)( October 28, 2013 RO lirr ANDERSON, SHERIFF NOTARIAL SEAL CLAUDIA A.BREWBAKER,NOTARY PUBLIC Carlisle Boro,Cumberland County My Commission Expires.April 4,2017 NOTARY Affirmed and subscribed to beforQme this t , a 0/ O�1. . r`Vl A7/3 of st 10-1) AunrcSuUc Sherir€ re, scft;r;c r .. • EEr' ! f , r� ff: j0 DEN'''S PAUL R. OBER& ASSOCIATES tIA + YL LJ r'j: BY: Joseph A. La Flamme, Esquire Attorney I.D. #73603 234 North Sixth Street Reading PA 19601 (610) 378-0121 Attorney for Claimant Rahns Trucking, Inc., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Claimant/Plaintiff : PENNSYLVANIA v. : CIVIL ACTION - LAW US Real Estate Limited Partnership, : NO. 13-2418 MLD Respondent/Defendant : CLAIMANT'S/PLAINTIFF'S ANSWER TO PRELIMINARY OBJECTIONS OF RESPONDENT TO CLAIMANT'S/PLAINTIFF'S COMPLAINT UPON MECHANICS' LIEN And now comes Claimant/Plaintiff, Rahns Trucking, Inc. ("Rahns Trucking"), by and through its attorneys,Paul R.Ober&Associates,and hereby responds to the Preliminary Objections to Claimant's/Plaintiff's Complaint in Action Upon Mechanics' Lien. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Claimant/Plaintiff alleges its Mechanics' Lien Claim and Complaint that Neuber, in turn, contracted with Claimant/Plaintiff. The remaining allegations contained in Paragraph 4 are denied as Claimant/Plaintiff in Paragraphs 6 and 7 of its Mechanics' Lien Claim clearly alleges that Claimant/Plaintiff agreed to furnish labor, materials and equipment, including, but not limited to,trucking and hauling of concrete materials in connection with the Mountain Creek Distribution Center. 5. Denied. The allegations of Paragraph 5 are denied as they are conclusions of law to which no responsive pleading is required. By way of further response, Claimant/Plaintiff, after reasonable investigation,is without sufficient knowledge or information from which to form a belief as to the truth or falsity of the averment contained in this paragraph. Strict proof is demanded at the time of trial if the same be material. 6. Denied. The allegations of Paragraph 6 are denied as they are conclusions of law to which no responsive pleading is required. By way of further response, Claimant/Plaintiff, after reasonable investigation,is without sufficient knowledge or information from which to form a belief as to the truth or falsity of the averment contained in this paragraph. Strict proof is demanded at the time of trial if the same be material. 7. Denied. It is denied that US Real Estate and/or Mowery received preliminary notice from Rahns Trucking of a large mechanics' lien claim on or about January 17, 2013. 8. Admitted in part and denied in part. It is admitted that on March 22, 2013 Rahns Concrete and Rahns Trucking provided separate notices of their separate Mechanics' Lien to US Real Estate. It is specifically denied that Claimant/Plaintiff inexplicably divided its pending Mechanics' Lien Claim into two parts as separate lien claims were required to be filed by Rahns Concrete and Rahns Trucking. It is further specifically denied that a copy of the notice is attached to Claimant's/Plaintiff s Complaint as Exhibit A. It is,however,admitted that a true and correct copy of the notice is attached as Exhibit A to Claimant's/Plaintiffs Mechanics' Lien Claim which is attached to Claimant's/Plaintiff s Complaint as Exhibit A. 2 9. Admitted in part and denied in part. It is admitted that on or about May 2, 2013 Claimant/Plaintiff filed a Mechanics' Lien Claim against US Real Estate's interest in the Project and property in the amount of Four Hundred Sixty Seven Thousand Three Hundred Forty Five and 58/100 Dollars ($467,345.58) for work, labor and materials provided in connection with the Project for trucking and hauling of 2,057.75 cubic yards of concrete for which Claimant/Plaintiff was not paid. It is specifically denied that the payments due Claimant/Plaintiff were solely for concrete,equipment and materials furnished to Neuber on the Project. 10. Admitted in part and denied in part. It is admitted that Claimant/Plaintiff has averred that Neuber failed to pay Claimant/Plaintiff for work,labor and materials provided in connection with trucking and hauling of concrete for the Project. It is specifically denied that Claimant/Plaintiff has not alleged that it has not been paid its full contract amount. 11. Denied. The allegations of Paragraph 11 are denied as they are conclusions of law to which no responsive pleading is required. 12. Admitted. 13. Denied. It is denied that the Court entered an Order on August 16,2013 with regard to this matter. It is, however, admitted that on August 19, 2013 this Court entered an Order with regard to US Real Estate's Motion to Discharge Mechanics'Lien pursuant to 49 P.S.§ 1510. It is further admitted that the Court's August 19,2013 Order is a writing and speaks for itself 14. Admitted that on or about October 3,2013 Claimant/Plaintiff filed its Complaint in Action Upon Mechanics' Lien in this matter. 15. Denied. The allegations of Paragraph 15 are denied as they are conclusions of law to which no responsive pleading is required. 3 16. Admitted in part and denied in part. It is admitted that on or about November 5, 2013 a Sheriff's Return of Service was filed indicating that the Mechanics' Lien Claim was served on US Real Estate. Any remaining allegations contained in Paragraph 16 are denied as the Sheriff's Return of Service is a written document and speaks for itself 17. Denied. The allegations of Paragraph 17 are denied as they are conclusions of law to which no responsive pleading is required. 18. Admitted in part and denied in part. It is admitted that on or about January 3, 2014 a copy of Rahns Trucking's Complaint was served on Counsel for US Real Estate. The remaining allegations and inferences made by Respondent are denied as they are conclusions of law to which no responsive pleading is required. 19. Denied. The allegations of Paragraph 19 are denied as they are conclusions of law to which no responsive pleading is required. First Preliminary Objection Pursuant to Pa.R.C.P. 1028(a)(4) - Legal Insufficiency (Demurrer) 20. This is an incorporation paragraph to which no response is required. 21. Denied. The allegations of Paragraph 21 are denied as they are conclusions of law to which no responsive pleading is required. 22. Denied. The allegations of Paragraph 22 are denied as they are conclusions of law to which no responsive pleading is required. 23. Denied. The allegations of Paragraph 23 are denied as they are conclusions of law to which no responsive pleading is required. 24. Denied. The allegations of Paragraph 24 are denied as they are conclusions of law to which no responsive pleading is required. 4 25. Denied. The allegations of Paragraph 25 are denied as they are conclusions of law to which no responsive pleading is required. 26. Denied. The allegations of Paragraph 26 are denied as they are conclusions of law to which no responsive pleading is required. 27. Denied. The allegations of Paragraph 27 are denied as they are conclusions of law to which no responsive pleading is required. 28. Denied. The allegations of Paragraph 28 are denied as they are conclusions of law to which no responsive pleading is required. 29. Denied. The allegations of Paragraph 29 are denied as they are conclusions of law to which no responsive pleading is required. 30. Denied. The allegations of Paragraph 30 are denied as they are conclusions of law to which no responsive pleading is required. 31. Denied. The allegations of Paragraph 31 are denied as they are conclusions of law to which no responsive pleading is required. 32. Denied. The allegations of Paragraph 32 are denied as they are conclusions of law to which no responsive pleading is required. 33. Admitted in part and denied in part. It is admitted that Claimant/Plaintiff had knowledge of the alleged mailing address of US Real Estate. It is further admitted that Claimant/Plaintiff served its notice on US Real Estate at an out-of-state mailing address in late March 2013. It is denied that Claimant/Plaintiff served the Notice (defined by US Real Estate as the January 17, 2013 notice in Paragraph 7 of US Real Estate's Preliminary Objections) at US Real Estate's out of state mailing address in late March 2013. 5 34. Denied. The allegations of Paragraph 34 are denied as they are conclusions of law to which no responsive pleading is required. 35. Denied. The allegations of Paragraph 35 are denied as they are conclusions of law to which no responsive pleading is required. By way of further response, Claimant/Plaintiff, after reasonable investigation,is without sufficient knowledge or information from which to form a belief as to the truth or falsity of the averment contained in this paragraph. Strict proof is demanded at the time of trial if the same be material. 36. Denied. The allegations of Paragraph 36 are denied as they are conclusions of law to which no responsive pleading is required. 37. Denied. The allegations of Paragraph 37 are denied as they are conclusions of law to which no responsive pleading is required. 38. Denied. The allegations of Paragraph 38 are denied as they are conclusions of law to which no responsive pleading is required. 39. Denied. The allegations of Paragraph 39 are denied as they are conclusions of law to which no responsive pleading is required. Second Preliminary Objection Pursuant to Pa.R.C.P. 1028(a)(4) - Legal Insufficiency(Demurrer) 40. This is an incorporation paragraph to which no response is required. 41. Admitted. 42. Denied. The allegations of Paragraph 42 are denied as they are conclusions of law to which no responsive pleading is required. 43. Denied. The allegations of Paragraph 43 are denied as they are conclusions of law to which no responsive pleading is required. 6 44. Denied. The allegations of Paragraph 44 are denied as they are conclusions of law to which no responsive pleading is required. By way of a further response,the allegations contained in Paragraph 44 of Respondent's Preliminary Objections constitute a speaking demurrer which is prohibited under the Pennsylvania Rules of Civil Procedure. 45. Denied. The allegations of Paragraph 45 are denied as they are conclusions of law to which no responsive pleading is required. By way of a further response,the allegations contained in Paragraph 45 of Respondent's Preliminary Objections constitute a speaking demurrer which is prohibited under the Pennsylvania Rules of Civil Procedure. 46. Denied. The allegations of Paragraph 46 are denied as they are conclusions of law to which no responsive pleading is required. By way of a further response,the allegations contained in Paragraph 46 of Respondent's Preliminary Objections constitute a speaking demurrer which is prohibited under the Pennsylvania Rules of Civil Procedure. 47. Denied. The allegations of Paragraph 47 are denied as they are conclusions of law to which no responsive pleading is required. 48. Denied. The allegations of Paragraph 48 are denied as they are conclusions of law to which no responsive pleading is required. 49. Denied. The allegations of Paragraph 49 are denied as they are conclusions of law to which no responsive pleading is required. By way of a further response,the allegations contained in Paragraph 49 of Respondent's Preliminary Objections constitute a speaking demurrer which is prohibited under the Pennsylvania Rules of Civil Procedure. 50. Denied. The allegations of Paragraph 50 are denied as they are conclusions of law to which no responsive pleading is required. 7 51. Denied. The allegations of Paragraph 51 are denied as they are conclusions of law to which no responsive pleading is required. By way of a further response,the allegations contained in Paragraph 51 of Respondent's Preliminary Objections constitute a speaking demurrer which is prohibited under the Pennsylvania Rules of Civil Procedure. 52. Denied. The allegations of Paragraph 52 are denied as they are conclusions of law to which no responsive pleading is required. 53. Denied. The allegations of Paragraph 53 are denied as they are conclusions of law to which no responsive pleading is required. WHEREFORE, Claimant/Plaintiff, Rahns Trucking, Inc., respectfully requests that this Honorable Court overrule the Preliminary Objections to Claimant's/Plaintiff's, Rahns Trucking, Inc.'s Complaint in Action Upon Mechanics' Lien. Respectfully submitted, PAUL R. OBER& ASSOCIATES By: "IA-- o ph A. La Flamme, Esquire Attorney for Claimant/Plaintiff F:\Rahns\Mountain Creek Distribution Center\Answer to Preliminary Objections to Complaint in Action Upon Mechanics'Lien-Rahns Trucking.wpd 8 VERIFICATION I,John R.Kibblehouse,Sr., state under the penalties of 18 Pa.C.S. Section 4904(relating Secretary/ to unsworn falsification to authorities) that I am Treasurer of Rahns Trucking, Inc. , a corporation organized and doing business under the laws of the Commonwealth of Pennsylvania;that I make this verification on its behalf being authorized to do so; and that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. Dated: 2) )0)1 V John R. Kibblehouse, Sr. 1 fi i 7 ikUj r EB 1 1 Ail I I: 10 PAUL R. OBER& ASSOCIATES PEI414s YLV N jA BY: Joseph A. La Flamme, Esquire Attorney I.D. #73603 234 North Sixth Street Reading PA 19601 (610) 378-0121 Attorney for Claimant Rahns Trucking, Inc., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Claimant/Plaintiff : PENNSYLVANIA v. : CIVIL ACTION -LAW US Real Estate Limited Partnership, : NO. 13-2418 MLD Respondent/Defendant : CERTIFICATE OF SERVICE The document listed below was served on the named parties,persons or entities as follows: 1. Documents -Claimant's/Plaintiff's Answer to Preliminary Objections of Respondent to Claimant's/Plaintiff's Complaint Upon Mechanics' Lien. 2. Parties, Persons or Entities served - James W. Kutz, Esquire and Geoffrey B. Fehling, Esquire, McNees, Wallace &Nurick, LLC, 100 Pine Street, Harrisburg, PA 17108-1166. 3. Date and/or time of service - February 10, 2014. 4. Manner of Service -Regular First Class Mail. Date: ,21) l 9 K.a rn Wendy A. Krim, Legal Assistant to Joseph A. La Flamme, Esquire Attorney for Claimant/Plaintiff PAUL R. OBER & ASSOCIATES BY: Joseph A. La Flamme, Esquire Attorney I.D. #73603 234 North Sixth Street Reading PA 19601 (610) 378-0121 Rl ':' < <t JUL CUMBERLAND PENNSYLVANIA Attorney for Claimant Rahns Trucking, Inc., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Claimant/Plaintiff : PENNSYLVANIA v. : CIVIL ACTION - LAW US Real Estate Limited Partnership, : NO. 13-2418 MLD Respondent/Defendant : MECHANICS' LIEN CLAIM RELEASE WHEREAS, Rahns Construction Materials Co., a division of H.Y.K. Construction Co., Inc. ("Claimant ") filed a Mechanics' Lien Claim in the amount of Four Hundred Sixty Seven Thousand Three Hundred Forty Five and 58/100 Dollars ($467,345.58) plus interest (the "Total Claim") for the labor and materials furnished by Claimant in connection with and incidental to the construction of improvements for the Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Cumberland County, Pennsylvania including, but not limited to, trucking and hauling of concrete for the project (the "Mechanics' Lien Claim"); WHEREAS, the Mechanics' Lien Claim is Docketed in the Montgomery County Court of Common Pleas at Docket No. 13-2418 MLD; NOW THEREFORE, Claimant, intending to be legally bound hereby releases and discharges all that certain piece, parcel or lot of land and the building or buildings thereon known as Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Cumberland County, Pennsylvania 17105 from the Mechanic's Lien Claim. Notwithstanding anything herein to the contrary, this Mechanics' Lien Claim Release is specifically limited to all that certain piece, parcel or lot of land and the building or buildings thereon known as Mountain Creek Distribution Center located at 720 Allen Road, Carlisle, Cumberland County, Pennsylvania 17105. ail 3'1 'act 03084 -1 7 IN WITNESS WHEREOF, the Claimant has caused this Mechanics' Lien Claim Release to be executed this 1)14)s day of -.5-11--1 , 2014. CLAIMANT RAHNS CONSTRUCTION MATERIALS CO., a division of H.Y.K. CONSTRUCTION CO., INC. F:\Rahns\Mountain Creek Distribution Center\Mechanics'I i�tf Claim Release - Rahns Trucking.wpd 2 PAUL R. OBER & ASSOCIATES BY: Joseph A. La Flamme, Esquire Attorney I.D. #73603 234 North Sixth Street Reading PA 19601 (610) 378-0121 JUL 14 P ,,UMiBErLAND COUNTY PE NNSYLVAN[A Attorney for Claimant Rahns Trucking, Inc., Claimant/Plaintiff : v. US Real Estate Limited Partnership, Respondent/Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 13-2418 MLD PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above -captioned matter SETTLED, DISCONTINUED and ENDED, with Prejudice. Date: 17) )))) eph A. La Flamme, Esquire Attorney for Plaintiff/Claimant F:\Rahns\Mountain Creek Distribution Center\Praecipe to Settle, Discontinue and End - Rahns Trucking.wpd