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Home My WebLink About06-3075 , COURT OF COMMON PLEAS COMMONWEALTH OF PENNSYLVANIA DAVID NEUMAN, Claimant, ME HANICS' LI~ No.: - 30 Jj 44J v. AFC W ASHCO-CARLISLE CROSSING, LP., Owner. MECHANICS' LIEN CLAIM Claimant, DAVID NEUMAN, files this claim against the 'mprovements and property at Carlisle Crossing, Westminster Drive, Carlisle, Penns Ivania 17013, for the payment of a debt due to claimant as a contractor for labor, skills d superintendence furnished by claimant in the erection and construction of the imp vements, and in support makes the following statement: I. The Owner of the pro~erty is AFC Washco-Carlisle Cr ssing, LP with a business address at 111 West 57 , Suite 520, New York, New Y rk 10019. 2. The improvement and property which are subject to th s claim are Carlisle Crossing, a shopping center with appurtenant land located at 321 ork Road and Fairview Street, Carlisle, Pennsylvania 17013 in South Middleto Township, Curnberland County, Pennsylvania and described in the Deed ann xed hereto as Exhibit "A", 3. The labor, skills and superintendence for which the deb is due were furnished pursuant to an oral agreement with owner, entered into on or abou January 24, 2005, under which contractor was to be paid approximately $468,000. 4. The labor, skills and superintendence for which the de is due is detailed in an itemized statement of attached hereto as Exhibit "B". 5. The claimant completed his work at the property on or bout January 31" 2006, which is less than four months before the filing of this claim 6. Claimant has been paid $62,500 toward the debt due cl imant for the stated labor, skills and superintendence, and there is due and owing a bal ce of $405,500, for which a claim is made of $405,500. VERIFICATION STATE OF NEW YORK ) ): SS. CITY OF ONONDAGA ) David Neuman, being duly sworn according to law depos s and says that he is the claimant herein and that the facts set forth in the foregoing Mech ics Lien are true and correct upon personal knowledge. , Davi Neuman 71tAJ fftfjfilf'(l..L t+,t/ t>r. 'H-.te.ft rt1k NV 13f)r,~ SANDRA J, SABOURIN Nolary Public Slala Of Naw York No, 02SA5008258 Qualified In Onondaga CounlV 1'1'1 Commission Expires February 16, ~.!.Ll f-x: ~'l bit A- . ~'~~'b . " .. ,'. Vj~.; l ;...\. .. li~. ".., R j~f-':T n .." f'.."..~;,;, ,,'tCL'-R t" "".~ ~_(.t,'.~t. :..", c,~.' :~)(-' ." \ I~ ~LD If- S~'-~ Z005 n R 20 RI? [3 38 DEED MADE THE jJI-L day of /l~ ,2005. BETWEEN ALBERT' JOHN BLAIR III and ED BLACKSMITH, Successor Trustees of the BLACKSMITH LN November 7, 1991 and ALBERT JOHN BLAIR ill, ED BLACKSMITH, GARY LIST BLACKSMITH JR and J BLACKSMITH, hereinafter referred to as: Grantors, D STANTON G TRUST dated STANTON HN MICHAEL and AFC WASHCO - CARLISLE CROSSING, LP, of New ork, New York hereinafter referred to as: Grantee, In consideration of One Dollar ($1.00), the receipt acknowledged, the Grantors do hereby grant and convey to the and/or assigns: ALL those certain 2 tracts of land situate in South Middleton To Cumberland County, Pennsylvania, and more fully bounded and follows: TRACT 1: ALL TIIA T CERTAIN tract ofland situate on the south ly side of Trindle Road, S.R. 0641, the westerly side ofFairview Street, T- 12, the northerly side of York Road, S.ROO74 and the easterly side of American gion Memorial Highway, Interstate Route 81, S.R. 0081, in South Middleton To ship, Cumberland County, Pennsylvania, as shown on the "Final Su vision and Land Development Plan for Carlisle Crossing" prepared by Herbert, R wland & Grubic, Inc., dated September 27, 2004, Last Revised October 1 ,2004, Project No. 3073.001, said Tract 1 which includes Lots 1,2,5,6,7,8, Leg I and Dedicated Rights-of-Way for use as Public Streets, excluding Lots 3 and 4, being more fully bounded and described as follows: BUO~ 268 pm2 G1 . 'I R-57 BEGINNING at the intersection of Trindle Road, S.R.O 1 and Fairview Street, T-512; thence along lands N/F of Robert M. Fn::y, and J y L. Warrick, Et. AI., South 04 degrees 54 minutes 35 seconds East 200.14 feet to \1," iron pipe (found) located on the east side ofFairview Street, T-512; then along lands NIF ofFairview Storage Associates, South 03 degrees 30 minutes 03 econds East 362.80 feet to a PK nail (found) in the centerline ofFairview Str et, T-512; thence along the centerline ofFairview Street, T-512, the following two 2) courses and distances: (1) by a curve to the left having a radius of 442.86 fe and an arc length of 145.60 feet and a chord of South 28 degrees 50 minute 38 seconds East 144.95 feet; (2) South 38 degrees 15 minutes 45 seconds East 84 80 feet to a PK nail (found) in the centerline of Fairview Street, T.512; thence Ie ving Fairview Street, T .512, by lands NIF of Edmund S. Blacksmith the folio . g three (3) courses and distances: (I) passing through an iron pin (found) S uth 70 degrees 44 minutes 21 seconds West 91.80 feet to a 3/4" bolt (found); (2) South 48 degrees 54 minutes 03 seconds West 195.62 feet to a 3/4" bolt (fi und); (3) South 41 degrees 03 minutes 39 seconds East 124.93 feet to a 3/4" bolt found) at lands NIF of Theodore U. Geiman; Jr.; thence along the same, South 4 degrees 44 minutes 03 seconds West 34,81 feet to an iron pin (found) at Ian s NIF of Don C. Smith; thence along the same South 84 degrees 19 minutes 17 se nds West 37.29 feet to a 5/8" Iron Pin (found); thence by the same and by I ds N/F of William A. Beam and lands N/F of Edwin R. Clugh, South 04 de s 32 minutes 06 seconds East 218.98 feet to a 5/8" iron pipe (found) at lands IF of Lewis E. Klinedinst, the following two (2) courses and distances, (1) Sou 86 degrees 07 minutes 20 seconds West 243.59 feet to a 2" Iron Pipe (found); ( ) South 03 degrees 41 minutes 27 seconds East 78.58 feet to a fence post (fo d) to lands N/F of James V. Eckart and lands NIF of Eugene K. Sette!; then e by lands NIF of Eugene K. Settel, the following two (2) courses and distances; (I) South 48 degrees 18 minutes 32 seconds West 364.80 feet to a 5/8" iron pi (found); (2) South 00 degrees 21 minutes 18 seconds East 248.28 feet to the ividing line of Lot 4 and Lot 2 of the aforementioned plan; thence by the same t e following seven (7) courses and distances; (I) North 58 degrees 27 minutes 38 seconds West 842.10 feet; (2) South 31 degrees 32 minutes 22 seconds West 3 .33 feet; (3) North 58 degrees 27 minutes 38 seconds West 313.95 feet; (4) S uth 31 degrees 32 minutes 22 seconds West 350.41 feet; (5) South 58 degrees 51 minutes 56 seconds East 356.78 feet; (6) South 47 degrees 44 minutes 49 s nds East 121.89 feet; (7) South 31 degrees 24 minutes 19 seconds West 153.75 fi t to the dividing line of Lot 4 and Lot 7 of the aforementioned plan; thence by the e South 47 degrees 44 minutes 49 seconds East 357.09 feet to the Dedicated . ght-of- Way Line ofWestminister Drive; thence by the same the following tw (2) courses and distances, (1) by a curve to the left having a radius of 50.00 feet d an arc length of37.54 feet and a chord of North 36 degrees 02 minutes 30 seco ds East 36.67 feet; (2) by a curve to the right having a radius of 70.00 feet and arc length of 206.64 feet and a chord of South 80 degrees 54 minutes 00 secon s East 139.37 feet to the dividing line of Lot 4 and Lot 5 of the aforementioned Ian; thence by BOOK 268 PA E2402 the same the following two (2) courses and distances; (I) North 2 degrees 43 minutes 12 seconds East 109.17 feet; (2) South 51 degrees 08 nutes 12 seconds East 207.20 feet to lands NIF of Charles M. Zimmerman; thence by the same South 38 degrees 51 minutes 48 seconds West 37.52 feet to a 51 "iron pin (found) to lands NIF of William C. Brehm III; thence by the s the following two (2) courses and distances; (1) South 39 degrees 31 minutes 3 seconds west. a distance of 44.02 feet to a I" iron pipe (found); (2) South 40 de es 26 minutes 00 seconds West 143.68 feet to a I" iron pipe (found) to lands N of Ruth E. Shenk; thence along the same and lands NIF of Kevin Mixon an Thomas K. Herrington, South 39 deFs 55 min~es 47 seconds West 221. 5 feet to a 5/8" iron pipe at lands NIF o~ll 1. Enge\ thence by the same and b lands NIF of Jack R. Books, Gregory A. Weigle, ~and Charles N. Barnett, Jr., orth 57 degrees 04 minutes 47 seconds West 324.07 feet to a W' iron pin; thence continuing along lands NIF of Charles N. Barnett, Jr., passing through an iron pin found), South 32 degrees 55 minutes 00 seconds West 343.32 feet to railroad spik (found) in the centerline of York Road, S.R. 0074, (40-feet wide); thence by th centerline of York Road, S.R. 0074, the following two (2) courses and distan es; (1) by a curve to the left having a radius of 2,864.93 feet and an arc length of 1 1.91 feet and a chord of North 60 degrees 45 minutes 51 seconds West 161.89 et to a P.K. nail (found); (2) North 62 degrees 23 minutes 00 seconds West 164. 2 feet to a railroad spike (found) on the westerly side ofa 16-foot wide uno ed alley; thence by the same and lands NIF of Mark M. Mullen, passing tough a 5/8" iron pin (found), North 29 degrees 36 minutes 16 seconds East, a dis ce of340.34 feet to a 5/8" iron pin (found) at lands NIF of James J. Stoy; the ce by the same and continuing along the westerly side of the aforementioned 1 foot wide unopened alley, North 28 degrees 57 minutes 46 seconds East 2 0.01 feet to a 5/8" iron pin (found); thence continuing along lands NIF of Jam s J. Stoy, North 58 degrees 23 minutes 07 seconds West 166.74 feet to the easter y side ofa 40- 'foot wide unopened street; thence by the same, North 31 degree 24 minutes 19 seconds East 253.38 feet to a 5/8" iron pin (found) at the termin of the aforementioned 40-foot wide unopened street; thence crossing e terminus of said street, North 59 degrees 55 minutes 36 seconds West, a dis ce of 40.14 feet to a I" iron pipe (found), at lands NIF of Earl F. Dellinger; then by the same, North 58 degrees 58 minutes 12 seconds West 131.70 feet to I NIF of Eugene J. Yoffee; thence by the same, North 57 degrees 12 minutes 04 s conds West 104.56 feet to a y," iron pipe (found), at lands NIF of Elizabeth . Smith; thence by the same, North 62 degrees 07 minutes 02 seconds West 217. 2 feet to a 5/8" iron pin (found), at the easterly Right-of. Way Line of American gion M..morial Highway, Interstate Route 81, S.R. 0081. a limited access highw y; thence by the same, by a curve to the left having a radius of 4,673.75 f..et and arc length of 782.85 feet and a chord of North 36 degrees 29 minutes 21 seeo s East 781.93 feet to the dividing line of Lot 2 and Lot 3; thence by the same, t e following thirteen (13) courses and distances, (I) South 58 degrees 27 min es 38 seconds East 530.26 feet; (2) South 31 degrees 32 minutes 22 seconds st 18.00 feet; (3) South 58 degrees 27 minutes 38 seconds East 220.44 feet; (4) N rth 31 degrees 32 minutes 25 seconds East 28.27 feet; (5) South 58 degrees 27 min tes 38 seconds East 396.17 feet; (6) North 31 degrees 32 minutes 25 seconds E t 525.11 feet; (7) North 58 degrees 27 minutes 38 seconds West 141.50 feet; (8) S uth 31 degrees 32 minutes 22 seconds West 59.70 feet; (9) North 58 degrees 27 inutes 35 seconds West 88.33 feet; (10) South 31 degrees 32 minutes 27 s nds West 7.90 feet; (II) North 58 degrees 27 minules 38 seconds West 166.34 et; (12) North 31 degrees 32 minutes 25 seconds East 31.21 feet; (13) North 58 degrees 27 minutes 38 seconds West 531.70 feet to the easterly Right-of-W Line ofthe American Legion Memorial Highway, Interstate Route 81, S.R. 081; thence by the same the following four (4) courses and distances, (1) North 6 degrees 47 minutes 44 seconds East 269.00 feet to a 5/8" iron pin (found);(2 by a curve to the left having a radius of 304.50 feet and an arc length of339.3 feet and a chord of North 34 degrees 51 minutes 59 seconds East 322.08 feet to a 18" iron pin (found) (3) North 02 degrees 56 minutes 14 seconds East 26.61 et to a 5/8" iron pin; thence by the same and lands NIF of Kenneth W. Smith, pas ing through an iron pin (found), North 50 degrees 47 minutes 17 seconds East 3 7.08 feet to a railroad spike (foWld) in the centerline of Trindle Road, S.R. 06 1, I 24-feet wide; thence by the same centerline of Trindle Road, South 88 degrees 0 minutes 01 seconds East 318.51 feet to the place of beginning. Containing 38,559 Acres TRACT 2 ALL THAT CERT AlN tract of land situate on the wester y side of American Legion Memorial Highway, Interstate Route 81, S.R. 81, and east of Fairfield Street, T-515, in South Middleton Township, Cumberl d CoWlty, Pennsylvania, as shown on the "Final Subdivision and Land Dev lopment Plan for Carlisle Crossing" prepared by Herbert, Rowland & Grubic, c., dated September 27, 2004, Last Revised October 19,2004, Project No. 3073.001, said Tract 2 being more fully bounded and described as follows: BEGINNING at a W' iron pipe (found) on the southeast Iy Right-of-Way Line of Fairfield Street, T-515, 50-feet wide, at lands NIP ofB an Hadden; thence by the southeasterly Right-of-Way Line of Fairfield Stree , North 36 degrees 51 minutes 05 seconds East 50.39 feet to a PK nail (fo ), to lands NIP of Lee H. Morrison; thence by the same, South 60 degrees 15 m' utes 58 seconds East 301.27 feet to a 5/8" iron pin (found); to a comer of Lot 3, ract 2, of aforementioned plan; thence by the same, South 51 degrees 11 'nutes 49 seconds East 236.49 feet to an iron pin (found), at the westerly li e of the American Legion Memorial Highway, Interstate Route 81, S.R. 81; thence by the same the following two (2) courses and distances: (I) by c e to the right having a radius of 915.37 feet and an arc distance of 327.29 feet d a chord of South 49 degrees 38 minutes 25 seconds West 325.55 feet to an ron pin (found); (2) South 59 degrees 53 minutes 00 seconds West 367.69 feet to a 5/8" iron pin 800K 268 PAG 2404 (found) at the Northerly side of a 20-foot wide unopened alley; ence by the same, North 58 degrees 28 minutes 13 seconds West 21.59 feet 0 a 5/8" iron pin (found), at lands N/F Cletus L. & Helen C. Wise; thence by the e and along lands N/F ofOvidio Ruiz, David W. Adams, and BreIllUl Hadd n, North 36 degrees 57 minutes 16 seconds East 615.53 feet to a 1/2" iron pi (found); thence by landsNIF ofBrenan Hadden, North 60 degrees 15 minutes 5 seconds West 301.32 feet to a 1/2" iron pipe (found), the place of beginning. Containing 2.626 Acres UNDER AND SUBJECT to terms and conditions ofth Subdivision and Land Development Plan for Carlisle Crossing, South Mid leton Township, Cumberland County, Pennsylvania dated Septatte 27, 4 and recorded h~,j. '9 W5 in Plan Book 9jL, Page . , I UNDER AND SUBJECT to South Middleton Townshi for Final Approval between the Township of South Middleton an LLC dated February 9, 2005 and recorded February 10,2005 in C Pennsylvania Misc. Book 715 Page 659. ashco Agreement Washco-Carlisle berland COImty, BEING composed in pan of part of the same premises w ich Dr. Gary L. Blacksmith, Sr., Successor Trustee of the Blacksmith Living Tm ,by his deed dated August 2, 1993 and recorded in Cumberland County, Penn lvania, Deed Book 101, Page 939, granted and conveyed unto Trust B of the acksmith Living Trust, Grantor herein, and BEING composed in part of all of the e premises which Dr. Gary L. Blacksmith, Sr., Successor Trustee of the BI smith Living Trust, by his deed dated August 2, 1993 and recorded in Cumber and County, Pennsylvania, Deed Book 101, Page 942, granted and conveyed to Trust B of the Blacksmith Living Trust, Grantor herein, and BEING compo d in part of all of same premises which Fairview Storage Associates, by its deed dated May 31, 1996 and recorded in Cumberland County, Pennsylvania, Deed ok 140, Page 495, granted and conveyed unto the Blacksmith Living Trust, Gr tor herein, and BEING composed in part of all of the same premises which Dr. ary L. Blacksmith, Sr., by his deed dated June 28, 1996 and recorded in berland County, Pennsylvania, Deed Book 142, Page 546, granted and c nveyed unto the Blacksmith Living Trust, Grantor herein. The said Dr. Gary L. B1 ksmith, Sr. having died October 14,1998, Albert John BlaiilII and Edmund tanton Blacksmith, succeeded as Successor Trustees. Albert John Blair I I, Edmund Stanton Blacksmith, Gary List Blacksmith Jr. and John Michael 1acksmith join herein as Grantors in their capacities as the sole beneficiaries of e Blacksmith Living Trust. AND the said Grantors hereby covenant and agree that they II warrant specially the property hereby conveyed. BilOK 268 Gf2405 IN WITNESS WHEREOF. said Grantor has hereunto set his han and seal the day and year first above written. SIGNED SEALED AND DELIVERED IN THE PRESENCE OF: BLACKSMITH 11 By: Albert John Blal as Trustee By: (SEAL) Edmund Stanton Blacksmith - both individually and as rustee (SEAL) SEAL) The spouses of Grantors Edmund Stanton Blacksmith and Gary . st Blacksmith Jr. join in this conveyance to release whatever rights they may be construed to hav SIGNED SEALED AND DELIVERED IN THE PRESENCE OF: (SEAL) Eldora E. Blacksmi BOOK 268 P Gf24f.l6 COMMONWEALTH OF PENNSYLVANIA } ): ss, COUNTY OF CUMBERLAND ) On this, the I..J;J--. day of Jlp.-<.L , 2005, before m , the undersigned officer, personally appeared Albert John Blair, Ill, both individually and as rustee, known to me or satisfactorily proven to be the person whose name is subscribed to e within instrument, and acknowledged that he execUted the same for the purposes therein con ined and in the capacity therein stated. ' IN WITNESS WHEREOF, I hereunto set my hand and (SEAL) COMMONWEALTH OF PENNSYLVANIA } ): ss. COUNTY OF CUMBERLAND ) On this, the (Jp.... day of ~ ,2005, before me the undersigned officer, personally appeared Edmund Stanton Blacksmith, both individually and Trustee, known to me or satisfactorily proven to be the person whose name is subscribed to th within instrument, and acknowledged that he executed the same for the purposes therein cont 'ned and in the capacity therein stated. IN WI1NESS WHEREOF, I hereuntq set my hand Tl s Notary Public (SEAL) COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF CUMBERLAND ) On this, the IJ~Y of /J;z,~ ,2005, before me, the undersigned offICer, personally appeared Gary List Blacksmith, Jr., known to me or satisfactori y proven to be the person whose name is subscribed to the within instnunent, and acknowledged tha he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand an -v. Notary Public (SEAL) BJOK 268 i'AGEZ 07 COMMONWEALTH OF PENNSYLVANIA ) ): 55. COUNTY OF CUMBERLAND ) On this, the /3 "I..... day of 1) /J A ,L , 2005, before me the undersigned officer, personally appeared John Michael Black~h, known to me or satisfacto ly proven to be the person wh.ose name is subscribed to the within instrument, and acknowledged he executed the same for the purposes therein contained. IN WI1NESS WHEREOF, I hereunto set my hand an0~al Notary Public (SEAL) COMMONWEALTH OF PENNSYLVANIA ) ): 55. COUNTY OF CUMBERLAND ) On this, the 13f~ay of /LfJ:~L. ,2005, before me, the undersigned officer, personally appeared Margaret A. BlacksmIth, known to me or satisfactori1 proven to be the person whose name is subscribed to the within instrument, and acknowledged tha he executed the same for the purposes therein contained. IN W1TNESS WHEREOF, J hereunto set my hand an~ f'1ciai se I. IJtGku. Nola1y Public (SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAl ~lctOR1~ L (ll'lO NOiAIl'I PU8LlC , C~U~~:S:oii ~:€rtE~O C02Uo'bTY ) ): ss. COUNTY OF CUMBERLAND ) On this, the 1.3 -I~ay of j} /J.v...L , 2005, before me, he undersigned officer, personally appeared Eldora A. Blacks~i~known to me or satisfactorily roven to be the person whose name is subscribed to the within instrument, and acknowledged that e executed the same for the purposes therein contained. IN WI1NESS WHEREOF, I hereunlo set my hand (SEAL) Bt)OK f~JCt.-(ft. J' ~(L-;v ~ ~EOF COUNTY OF /L. ~jJ On this ~f'!aay of ,(k,'J ,2005, before me, the un rsigned officer, personally appeared Albert J~, Trustee of the Blacksmi Living Trust, known to me or satisfactorily proven to be the person described in e foregoing instrument, and acknowledged that he executed the same in the cap ity therein slIlled and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official se 1. a;~u-~ at Notary Public ~thuJ..l",iA;' tf-x-.~-Iela,^.r--J STATE OF COUNTY OF (t. ;;';;-,/ On this /.1 ~-{ day of JIJ.A.' L , 2005, before me, the und rsigned officer, personally appeared Edmund S~ton Blacksmith, Trustee of the BI cksmith Living Trust, known to me or satisfactorily proven to be the person descri in the foregoing instrument, and acknowledged that he executed the same in the cap ity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my h aOOK 268 PACE2409 . I hereby certify that the precise residence and complete post 0 Ice address of the within crranteeis c/o AFC Realty Capital, Inc., 111 West 57th Stre t, Suite 520, New York New York, ~0019. , Esq. ~~..", .....r' Ifrn:ri,....,. tI"~. ln~tr"~"t FiJins R@cei~U S49226 'nr~-~ ~~~~ At~~~A : . ':I I.! !t iiJI.i..r;hJib'1 ; ", ''>1\.-. iff i.,./l,;;,vw 10:02:52 R 'Jr~S: ABSTRACT CO OF COORill. f'A AFC WASHeD-CARliSLE OVER 5 , ,l'i I h is to be recorded ., ,,'~ial1d County PA ,.>.,,.?-.:r ~ J~ " ED Ell - IiRlT Ell - RTf STATE s urn HIOOLETIlIi g, urH MIDDLETON ,EO-AlH ,J C.S. ,I A. T..J. r IHP!llWEMElli FNO o. IMPRVHT FUi{O , .:k# 35518 :kl 35512 ckl 35511 10 .=11 R~cl!ilfed. s..... R~corder of Dt:eds BOOK 268 PAGE 410 26.50 .50 40000.00 20000.00 ~'tjm.oo 11.50 10.00 2.00 3.00 $20, 0:i1. 50 hO,Wl.OO ~,iJ,ooo.oo $8l}~053.50 , .. tllllltu: aid u R!Y.18~ (6,M\ COMMONY.-EAL TH oF' PENNSYLVANIA tlEPARTMENT OF REVeNUE auAEAu 01' 1NOIVIOU",l TAXES OEPT.210603 HAAFtI8BLlRG, PA 11121-Ol503 REALTY TRANSFER TAX STATEMENT OF VALUE _No "" Pag.Nu A Nome Robert C. Said;s. Es , .... .. 26 West Hi Street, Carlisle, PA 17013 B TRANSFER DATA , wort' Blacksmith Living Trust cia EjolIJlJi 5. BLad<mith Stt8llAaCi'eu See Reverse for Instructions t set tcnI'\ In the deed, (2) when the deed if the trtwlSfer il wholly exempt from tax s, 717 243-6222 ~ City , a e 0 ccep flee 0 cumen rantee s e$SM{s; 18 P 90277 APC Washco - Carl ale Crossin LP - .... clo AFC Realty Ca ital Inc., 111 'tI 57th St. .ty Suite 520 "'" Code New York NY 10019 t4 Ra:lorrlo !factI CA C PROPERTY LOCATION Cum berland Counl o VALUATION DATA "" 4,000,000.00 nty aue 5ort:h Mi&lletm 'l\;p r PrelimlFinal Sub Plan for Carlisle Crossin 40 08 0575 001 r, erallon ommon Et\I aha ~:tlor 0,000.00 aue + x E E EMPTION DATA II. AmoUnt of txempllon Clatmeo 0% II b. ,",ercentage or Interest Conveyed 100% 2. Check Approprfate Box Below for Ex8tnJ:jtlon Claimed o WlI 0"" intestate succession o T,"".fertol_DevelOpm&nt~ INIrro oI00eadenll ( ..I, Fie NunbeI) o o o o o o o Transrer to a trust. (Attad1 complete copy of trust agreement ic:u,ntifying all beneficiaries,) TranSfer between prlndpal and agent. (Attad1 complete copy al agencyfstraw part)- agreem6'nt.) Transfers to tne Commonweatth, the Ul"lfted States and lnstrumsntalities by gift, dedication, o:mde nation or in liAU of condemnatiOn. Of condemnation or in lieu of candemnaljon, ettadl copy of resolution,} Tr.nl'er from mortgagor to 8 holder of ~ mortgage In default. Mortgage Book Number . Page Number Corrective Of contirmatory deed. (Attach complete copy of the prior deed being corrected or conti ed.) Statutory corporate consolidation. merger or division. (Attach coPy of artides.) Other (PlUM explain 8Xl!lITlption da.imed, if other than listed above.) , Under peNalties of law, I declare that I have examined this Statem.nt. including accompanying inform and belief, It Is true, correct and complete, IgnatllR on-es 1t ('I lon, and to the best of my knowledge "... Robert Co Saidis, Esq. TO RECORD THE DEED, ~;U( 268 PAtE2411 .-------------------- . > . . f/)\lb It 13 ~ . . . . . EXHIBIT "B" LABORIMA TERIALS DATE FURNISHED V ..LUE/COST FURNISHED Negotiate and finalize December 2003 to January $36, 00 contracts for civil 2004. engineering (HRG) and architecture (Dal-Pos) Supervise change in February 2004 to $12 ,000 pavement design, materials September 2004 to be utilized, lighting, landscaping and irrigation. Oversee and supervise submittal for Highway Occupancy Permit. Coordination and oversight of building design, including, but not limited to, foundations, structures, roof slopes, elevations, material for construction, mechanical electrical, plumbing, sprinkler, steel and storefronts. Oversee negotiations with Anchor stores to finalize architectural building and pylon design. Complete site development agreements for construction of Kohl's and Target stores, including site development reimbursements from KoW's and TarQ:et. Negotiate and finalize site 10/04-12/04 $54, 00 and building construction contracts with Granger Construction Oversee and manage 01105-6/05 $10 ,000 construction, including but not limited to, store layouts, floor finishes, sprinkler, loading, electrical, HV AC requirements, bathrooms, stockrooms, storefronts and aooroval for siQ:naQ:e and , . . . . i pylon panel location and , size for various tenants. Direct and manage 07/05-10/05 $90, 00 finalization of construction of small tenant spaces, coordination with Dal-Pos and Granger Construction for delivery of small tenant spaces Direct and oversee 12/04-1/31/06 $54, 00 construction of on-site and off-site improvements and building to maintain overall schedule of delivery to Anchor and category killer stores. Oversee and supervise delivery and acceptance of building pads to Anchor stores. Oversee and manage construction details to ensure compliance with construction schedule for on-site and off-site improvements to meet opening schedule. Oversee and manage construction details to ensure all conditions are met for Landlord's timely delivery to small tenants for fixture and merchandising for opening. Supervise finalization of construction change orders . . ~~~...' it "- "-J ~ -:t o~ ~ 0: I ~ r ~ ~I ~ 0--, \:!. [::: ~, " l ~ o C' .1 ,-<, . . ,.., c:.... C.:~} ,-,. o 'T1 :2" en r= -nm :~, c:.-;; :~~ d ,"-1 ~ :, ....,-,.. -0; (.~, o , , l.~ . AFFIDAVIT OF SERVICE UPON A CORPORATION N INDEX # 06/~ 307S DATE PURCHASED 05/30/06 WAS ENDORSED ON THE DOCUMENT SERVED COURT OF THE STATE OF NEW YORK COUNTY OF GOLDBERG SEGALLA 5789 Widewaters parkwa SYRACUSE NY 13214 David Neuman - against - Afe Washeo Carlisle Crossing Lp (315) 413-5400 Atty File # STATE OF NEW YORK: COUNTY OF NASSAU: ss Record # 79469 File # 504 Harry Torres-Lic#0915257 being duly sworn deposes and says deponent is not a party to this action and is over the age of eighteen years and resides in the state of New York: That on 06/15/06 at 5:42pm at 111 West 57th Suite 520 New York Ny 10019 deponent served the within Mechanics' Lien by personally delivering to and leaving with Genny Rodriquez for Afe Washeo Carlisle Crossing Lp a true copy thereof, and that deponent knew the person so served to be the Receptionist and stated (s)he was authorized to accept legal papers for the corporation. A description of the person served is as follows: Approx Age: Sex: Female Other: 25 Years Approx Weight: 130 Lbs. Approx Height: Color of Skin: Brown Color of Hair: Black 5'5" 371 =Ii -- Harry ~~,rres L'e#., 0915257 05/31/09 ,...----:-:;?"~ _ _ /7 ,/ /,.qr~c~? Supreme Judicial Services, Inc. ~ Merrick Road - Rockville Centre, N.Y. 11570 - (516) 825-7600 255 Broadway - New York, N.Y. 10007 - (212) 319-7171 Fax (516) 568-0812 Sworn to before me this 06/16/06 Maureen Scarola #01SC6127636 Notary Public, State of New York Nassau County, Commission Expires \-.1 ::3 ';;,)-' '~~ "-:-' \';1 :.\~ I..:;:) -:"1 r/' DAVID iNEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3073 MECHANICS' LIEN KOHL' PENNSYLVANIA, INC., Owner DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3074 MECHANICS' LIEN T CORPORATION, Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVI v No. 06-3075 MECHANICS' LIEN AFC ASHCO-CARLISLE CROS lNG, LP, Owner PETI ION FOR DISCHARGE OF MECHANICS' LIEN UPON ENTRY OF SECURITY Petitio ers, AFC WASHCO-CARLISLE CROSSING, LP, KOHL'S PENNSYLVANIA, INC., d TARGET CORPORATION, by their attorneys, Broujos & Gilroy, P.C., set forth the foD wing: 1. he above three Mechanics' Liens have aD been filed pro se by Claimant David euman (Neuman). 2. xamination of the three Mechanics' Liens captioned above indicates that all three iens are based upon an allegation that Neuman contracted with AFC Washco- arlisle Crossing, LP (AFC) (see paragraph 3 of all three Mechanics' Liens). - 1 - 3. euman further alleges in each Mechanics' Lien that has been fIled that he provided arious superintendence and certain labor and skills in superintendence based upon a ontract entered into with AFC on January 24, 2005 (see paragraphs 4 of each 4. three Liens further allege that the work Neuman performed was furnished for the rection and construction of the Carlisle Crossing Shopping Center (Carlisle Crossing) I cated in South Middleton Township, Cumberland County, Pennsylvania (see aragraph 5 of all three Mechanics' Liens). 5. euman claims that he is owed $405,500,00 for his work performed and has fIled a eparate Mechanics' Lien against a parcel owned by Target Corporation (Target) at arlisle Crossing, a separate parcel owned by Kohl's Pennsylvania, Inc, (Kohl's) at artisle Crossing and a separate parcel owned by AFe. 6. euman alleges that he began working on the Carlisle Crossing project on or about anuary 24, 2005 and provided work through January 31, 2006 (see paragraph 7 of ach Mechanics' Lien), 7. Ithough Neuman has fIled a Mechanics' Lien against three separate properties in the mount of $405,500.00 for each property, the Liens themselves confIrm that Neuman's otal claim is only $405,500.00. 8. euman has no contractual relationship with Kohl's or with Target Corporation. 9. euman's only alleged contractual relationship is with AFC, which allegation AFC igorously denies. 10. ennsylvania Law at 49.P.S. Section 1510 allows for the discharge of Mechanics' Lien pon payment into Court ofthe amount ofthe claim or upon entry ofsecurity. -2- 11, C on behalf of itself and on behalf of Target and Kohl's desires to have all three echanics' Liens discharged upon the posting of security with the Court by AFC as 12. etitioner AFC desires to use Citizens Bank of Pennsylvania to post a Letter of Credit r security in order to discharge the three Liens that have been filed, Citizens Bank as previously on behalf of AFC posted Letters of Credit with South Middleton ownship in excess of $2,200,000.00 and with Penn DOT in excess of $1,300,000.00 elating to the Carlisle Crossing project, said Letters of Credit having since been ignificantly reduced based upon work performed at Carlisle Crossing by AFC. 13. etitioner AFC desires the Court to accept a Letter of Credit as security posted by itizens Bank in the amount of $200,000.00 and to provide for the discharge of all hree Liens upon the posting of said Letter of Credit, 14. though the claim filed by Neuman totals $405,500,00, Petitioner suggests that a esser amount of $200,000.00 is authorized pursuant to 49 P.S. Section 1510(D) and ased upon the following factors which are of record in the three Liens filed in this ase: a. Neuman asserts at paragraph 7 of all three Mechanics' Liens the following: The Claimant began working on the Carlisle Crossing project on or about January 24, 2005, and the last day Claimant provided labor, skills and Superintendence on the Carlisle Crossing project was January 31, 2006. b. Neuman alleges in paragraph 4 of all three Mechanics' Liens that he entered into a contract with AFC on January 24, 2005 for the performance of said services. -3- c. Paragraph 4 of all three Mechanics' Liens incorporates a document designated as Exhibit 'B' that suggests it is an "itemized statement" of the work performed and the amounts agreed to be paid. A copy of said Exhibit 'B' is attached hereto and marked Exhibit' A' for this Petition. d, Examination ofthe deeds into AFC, Target and Kohl's (said deeds are attached as Exhibit 'A' to each Mechanics' Lien) reveals that neither Kohl's, Target or AFC became owner of the subject properties until April 2005. Furthermore, any work done by Neuman prior to April, 2005 was done on his own behalf because Neuman was an equitable owner ofthe property prior to April of 2005. e. Exhibit 'B' of each Mechanic Lien specifically describes the labors and materials furnished along with the dates furnished and values/costs. The figures on Exhibit 'B' only verify a claim in the amount of $252,000,00 for work performed from January 5, 2005 with Neuman claiming the contract was entered into with AFC on January 24, 2005, There is no basis in the claim as fIled for compensation to Neuman for any work allegedly performed prior to January 24, 2005, and the documentation provided only purports to substantiate a claim in the amount of $252,000,00 for work from January 5, 2005. f, There is no written documentation in the nature of a written contract confirming any agreement between Neuman and AFC as alleged in the Mechanics' Lien claim s filed in these three cases. g, Neuman suggests in paragraph 4 of each Mechanics' Lien that the work was performed pursuant to an "oral contract". h. Neuman never submitted any invoices to AFC making claim for any of the alleged monies owing as claimed under the three Mechanics' Liens, -4- i. AFC never received from Neuman or any legal counsel for Neuman a detailed statement outlining work performed or a written demand for payment of a specific sum in connection with work allegedly performed by Neuman on Carlisle Crossing. j. AFC vigorously asserts that there was never any written or oral agreement with Neuman for the payment to Neuman for any work performed in connection with the Carlisle Crossing project that would form the basis of Mechanics' Lien. k. Neuman has named Target and Kohl's in the Mechanics' Liens merely in an effort to interfere with contractual relationships that AFC enjoys with Target and Kohl's. 15, itizens Bank is prepared to post a Letter of Credit in the amount of $200,000,00 (see xhibit 'B' attached) as security for discharge of the three Liens in question, and AFC uggests that said Letter of Credit is satisfactory security for Neuman pending esolution of the meritless claims that Neuman asserts in this matter. 16. pon the posting of security by AFC as set forth herein, AFC requests this Honorable ourt to order the posting of the security identified above contingent upon Neuman roceeding with initiating litigation against AFC with the filing of a complaint within hirty days of AFC's posting of said security, and to further order that upon Neuman's ailure to fIle said complaint within this time frame said security shall be released, 17, he claims Neuman has asserted in the Mechanics' Liens and any ultimate claims euman would assert in litigation against AFC on this matter are arbitrary and are erit1ess claims advanced only in bad faith by Neuman, and said claims will subject euman to the assessment of attorneys fees incurred by AFC, Kohl's and Target I ~ursuant to 42 P A.C.S.A. Section 2503(9). I I I -5- WHERltFORE, Petitioners request your Honorable Court to schedule a hearing to address the ent of security for the discharge of the three Mechanics' Liens referenced above. Date: J Iy 18, 2006 Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. Attorney ID. No. 29943 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Attorney for Petitioners - 6- LABOR/MATERlALS FURNISHED egotiate and finalize ontracts for civil gineering (HRG) and hitccture aI-Pos upervise change in vement design, materials o be utilized, lighting, andscaping and irrigation. ersec and supervise bmittal for Highway ccupancy Pennit. oordination and oversight f building design, ncluding, but not limited 0, foundations, structures, oaf slopes, elevations, terial for construction, echanical electrical, lumbing, sprinkler, steel d storefronts. Oversee egotiations with Anchor tores to fmalize hitectural building and ylon design. Complete site evelopment agreements for construction of Kohl's and Target stores, including site development reimbursements from Kohl's and Tar ct. Negotiate and finalize site and building construction contracts with Granger Construction Oversee and manage construction, including but not limited to, store layouts, floor finishes, sprinkler, loading, electrical, HV AC requirements, bathrooms, stockrooms, storefronts and roval for si e and EXHIBIT "B" DATE FURNISHED December 2003 to January 2004. February 2004 to September 2004 10/04-12104 01/05-6/05 EXHIBIT JA $36 $12 ,000 $54 $10 ,000 ~ylon panel location and ize for various tenants. irect and manage 07/05-10/05 inalization of construction f small tenant spaces, ordination with Dal-Pos d Granger Construction or delivery of small tenant aces and oversee 12104-1131106 onstruction of on-site and ff-site improvements and uilding to maintain overall chedule of delivery to chor and category killer tores. Oversee and upervise delivery and ceptance of building pads o Anchor stores. Oversee d manage construction etails to ensure compliance . th construction schedule or on-site and off-site provements to meet pening schedule. Oversee manage construction etails to ensure all onditions are met for andlord's timely delivery o small tenants for fixfure d merchandising for pening. Supervise inalization of construction han e orders $90 000 $54 000 lW~@ t:~ Citizens Bank 341 Science Park Reao, 'iuite 201 State College, PA ltS(1 ! I ! ! JUlt 13, 2006 Hu ert X. Gilroy, Esquire Bu ujos & Gilroy, P.C. 4 orth Hanover Street C lisle,PAI7013 Cit zens Bank is prepared to post a Letter of Credit ("LOC") on behalf of AF Washco-Carlisle Crossing, LP ("AFC") in the amount of $200,000.00 in order to e the discharge of Mechanics' Liens filed against properties owned by AFC, Target oration and Kohl's Pennsylvania, Inc. located at Carlisle Crossing, South Middleton To ship, Cumberland County, PA.. The LOC will be subject to the terms and co ditions of a Court Order issued by the Cumberland County Court at docket numbers 06 3073,06-3074 & 06-3075. Si cerely, )7t1 f ~ EXHIBIT aRBS I ~ r~'1 -'-.,) -,::1 ,~ c' , . J .-<. =~',~-~,~',"~""!!"-~=,~"".'~"'=."?<"'''''''.",''','~~?-..~ 4 NORTH-HANOVER SmET CARLISLE, ~~SYJ_VAN~ 17013 . 717-2434574 766.1690 DAVID NEuMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3073 /I' MECHANICS' LIEN KOHL'S PENNSYLVANIA, INC., Owner JUL 1 g 2~,rJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID NEUMAN, Claimant v No. 06-3074 MECHANICS' LIEN TARGET CORPORATION, Owner v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c:.- o~ MECHANICS' LIEN DAVID NEUMAN, Claimant AFC W ASHCO-CARLISLE CROSSING, LP, Owner COURT ORDER AND NOW, this 101:).. day of July, 2006, upon consideration of the attached Petition for Discharge of Lien Upon Entry of Security, a hearing is scheduled in Court Room No. ~ of the C~mberland County Courthouse on the J st'- day of 11 0.;:) ,2006 at \ \ ' ?:JO c.. m., at which time matters raised in this Petition shall be c9n . ,. Judge cc: Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, P A 17013 cc: Mr. David Neuman, 712 Thomtree Hill Drive Fayetteville, NY 13066 00 ;(~ ~ 1:.1 Q '0 DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (, v No. 06-3073 MECHANICS' LIEN KOHL'S PENNSYL VANIA, INC., Owner DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3074 MECHANICS' LIEN TARGET CORPORATION, Owner v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-3075 / MECHANICS' LIEN DAVID NEUMAN, Claimant AFC W ASHCO-CARLISLE CROSSING, LP, Owner ORDER OF COURT AND NOW, this '27t-- day of Stipulation of the parties as set forth in the attached Exhibit A, it 1 follows: 2006, upon rdered and directed as 1. AFC Washco-Carlisle Crossing, LP, shall file with the Cumberland County Prothonotary at Docket No. 06-3075 a Letter of Credit from Citizen's Bank in the amount of Three Hundred Thousand Dollars ($300,000.00) in the form as set forth on the attached Exhibit B. This Letter of Credit shall act as security for payment of funds owing, if any, pursuant to the three Mechanics' Liens referenced above. 2. Upon the posting of said Letter of Credit with the Cumberland County Prothonotary, all three Mechanics' Liens filed above shall be discharged as liens against the properties involved in the Mechanics' Liens pursuant to 49 P.S. ~1510. Upon the posting of said Letter of Credit with Prothonotary and upon relation of that filing to the Court, the Court will enter an Order in the form as set forth in the attached Exhibit C. 3. Within thirty (30) days of the posting of said Letter of Credit with the Prothonotary, Claimant David Neuman shall proceed with the filing of a Complaint on the claim he is asserting in accordance with 49 P.S. ~1701. If said Complaint is not fIled within thirty (30) days, the Letter of Credit posted will be discharged and there will be no further obligation for AFC Washco-Carlisle Crossing, LP, to post any security relative to the Mechanics' Liens filed above. In the event said Complaint is filed within said thirty (30) day time frame, the Letter of Credit posted with the Cumberland County Prothonotary shall remain in place pending resolution of the claim filed by David Neuman. Said Letter of Credit shall continue as security for payment of the claim, and this Court shall retain jurisdiction over said Letter of Credit and the claim fIled by David Neuman. 4. Nothing in this Order shall in any way limit the amount of a claim that David Neuman may assert against AFC Washco-Carlisle Crossing, LP, nor shall this Order in any way be construed as an admission of any liability by AFC Washco- Carlisle Crossing, LP, relative to the claims asserted by David N Edgar B. Bayley, J " Cc: Hubert X. Gilroy, Esquire Ivo V. Otto, III, Esquire C.f'~~ r~ <:'~JzLl'f 9(~ 7/;n/u. ~ ~q:. / ~\J>~ ~oP ~ ;.~\.. ol(~\&- ~ ~ ~$J DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3073 MECHANICS' LIEN KOHL'S PENNSYLVANIA, INC., Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID NEUMAN, Claimant v No. 06-3074 MECHANICS' LIEN TARGET CORPORATION, Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID NEUMAN, Claimant v No. 06-3075 MECHANICS' LIEN AFC W ASH CO-CARLISLE CROSSING, LP, Owner STIPULATION The undersigned, Hubert X. Gilroy, Esquire, as counsel for Kohl's Pennsylvania, Inc., Target Corporation, and AFC Washco-Carlisle Crossing, LP, and Ivo V. Otto, III, Esquire as counsel for Claimant David Neuman hereby agree and stipulate that this Court may enter the attached Order. Date: 1)-;) 7- 0 fi7 Date: 7- ;)..;-0 ~ ~~ Ivo V. Otto,III, Esquire EXHIBIT A CITIZENS BANK Irrevocable Credit Number Issuing Bank: Citizens Bank of Pennsylvania International Department 20 Cabot Road, MIS MMF470 Medford, MA 02155 U.S.A. Place and Date oflssue: Medford, P A July _, 2006 Place and Date of Expiry: At our counters July --' 2006 Beneficiary: Court of Common Pleas of Cumberland County c/o Cumberland County Prothonotary Curtis R. Long, Esquire Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Applicant: AFC-Washco-Carlisle Crossing, LP 111 West 157lb Street, Suite 520 New York, NY 10019 Up to an Aggregate Amount thereof: USD 300,000.00 Credit Available with: Citizens Bank of Pennsylvania International Department 20 Cabot Road, MIS MMF470 Medford, MA 02155 U.S.A. Against Presentation of Documents as detailed herein. Drafts at Sight Drawn on: Citizens Bank of Pennsylvania At the request of AFC-Washco-Carlisle Crossing, LP (hereinafter called "Washco") we hereby issue this Irrevocable Letter of Credit effective this date in favor of the Cumberland County Court of Common Pleas (hereinafter called "Court") in the amount of $300,000.00 on account of W ash co. EXHIBIT I B This Irrevocable Letter of Credit has been issued pursuant to Order of Court of the Court of Common Pleas of Cumberland County Pennsylvania at Docket Nos. 06- '3073,06-3074 and 06-3075. Funds under this Irrevocable Letter of Credit are available to the Court by means of specific Orders of Court at the above mentioned Cumberland County Docket and Term Nos., which said Court Orders shall specify that funds shall be made available pursuant to said Order to secure a claim filed by David Neuman (hereinafter referred to as "Neuman) against Washco, and which is currently being litigated in the Court. Such Court Order or Orders must indicate the amount payable from the account of Washco and any drafts issued pursuant to a Court Order must be marked "Drawn under Citizens Bank of Pennsylvania Letter of Credit No. , dated July ---.J 2006". Payment of this Irrevocable Letter of Credit shall be made without determination of condition or facts pertaining to any matter between Washco and Neuman. We specifically agree that payments will be honored pursuant to Court Order regardless of any objection made by Washco or any third party. In the event we refuse or fail to honor any Court Order in violation of the foregoing, we will be responsible for reasonable attorney fees incurred by Neuman in enforcing his rights to payment under the terms hereof. The expiration date noted above shall be automatically extended without amendment hereto for an additional period of one year from the expiration date and for additional periods of one year from each anniversary of the expiration date unless at least sixty days prior to the expiration date or each anniversary of the anniversary date, as the case may be, we notify Neuman in writing that we elect not to extend this letter of credit. Such notice will be sent via by Certified Mail Return Recepit Requested, or overnight currier service, addressed to Neuman as follows: Mr. David Neuman 712 Thorn Tree Hill Drive Fayetteville, P A 13066 with a copy to: Ivo V. Otto, III, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 If we give such Notice of Termination, this Letter of Credit shall expire and be considered cancelled on the expiration date or the anniversary of the expiration date, whichever the case may be, subject, however, to further payment on the Letter of Credit within said sixty day Notice in accordance with any Court Order issued within said time frame. This Irrevocable Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1996 Revision) International Chamber of Commerce Publication No. 500. We specifically agree that the laws of the Commonwealth of Pennsylvania shall control any and all claims arising hereunder. We further agree to jurisdiction in Cumberland County Pennsylvania and the Appellate Courts of the Commonwealth of Pennsylvania. Intending to be legally bound hereby, this Irrevocable Letter of Credit has been executed by a duly authorized officer of the undersigned bank. Any and all correspondence regarding this Letter of Credit shall be addressed to Citizens Bank of Pennsylvania, 20 Cabot Road, Mail Stop MMF470, Medford, MA 02155 ATTN: Teresa Martin, Bank Officer, Tel. 7841-655-4242. Authorized Signature Authorized Signature DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v No. 06-3073 MECHANICS' LIEN KOHL'S PENNSYLVANIA, INC., Owner DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3074 MECHANICS' LIEN TARGET CORPORATION, Owner DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3075 MECHANICS' LIEN AFC W ASHCO-CARLISLE CROSSING, LP, Owner ORDER OF COURT AND NOW, this day of , 2006, it appearing that the Letter of Credit as contemplated by Paragraph 2 of this Court's prior Order of , 2006, has been filed with the Cumberland County Prothonotary, it is hereby ordered that the above three Mechanics' Liens shall be discharged as liens against the real estate pursuant to 49 P.S. ~1510. The Cumberland County Prothonotary is directed to discharge and satisfy on its records any lien or encumbrance placed against the property of Kohl's Pennsylvania, Inc., at Docket No. 06- 3073, against the property of Target Corporation at Docket No. 06-3074, and the property of AFC Washco-Carlisle Crossing, LP, at Docket No. 06-3075. BY THE COURT: Cc: Hubert X. Gilroy, Esquire Ivo V. Otto, III, Esquire I EXHIBIT dgar B. Bayley, Judge c 0/ DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3073 MECHANICS' LIEN KOHL'S PENNSYL VANIA, INC., Owner DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3074 MECHANICS' LIEN TARGET CORPORATION, Owner DAVID NEUMAN, Claimant IN THE COURT OF OMMON PLEAS OF CUMBERLAND , PENNSYLVANIA v No. 06-307 MECHANICS' LIEN AFC W ASHCO-CARLISLE CROSSING, LP, Owner PRAECIPE TO THE PROTHONOTARY: Consistent with the Order of Court issued on July 27, 2006 in the above cases, please accept for filing a Letter of Credit from Citizens Bank in the amount of $300,000.00. Respectfully submitted, ub X. Gilroy, Esquire Br jos & Gilroy, P.C. 4 N. Hanover Street Carlisle, P A 17013 (") c Z ri:iFi ~::' ~~,.,. (if r-- :'- --- -"0', jf~ ~~~ ~. L :<! '" = = "" >- c- c-5 N \.0 o ." :r m:!l -oh1 :00 '::1(_1 -l -' ~~c :r i {'J.....!1 :5"0 Om ~ -< -0 ::;;: N ",.. \.0 , ... t:~ Citizens Bank International Division 20 Cabot Road Medford, MA 02155 USA 888 868.0212 tel SWIFT: CTZIUS33 TELEX 211047 CTZINTL IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S903755 ISSUING BANK: CITIZENS BANK OF PENNSYLVANIA INTERNATIONAL TRADE DEPT. 20 CABOT ROAD, MIS MMF470 MEDFORD, MA 02155 U.S.A PLACE AND DATE OF ISSUE: MEDFORD, MA AUGUST 17, 2006 PLACE AND DATE OF EXPIRY: AT OUR COUNTERS JULY 28, 2007 BENEFICIARY: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ONE COURTHOUSE SQUARE FULL NAME AND ADDRESS AS LISTED.... CARLISLE, PA 17013 APPLICANT: AFC WASHCO-CARLISLE CROSSING, LP III WEST 57TH STREET, SUITE 520 NEW YORK, NY 10019 UP TO AN AGGREGATE AMOUNT THEREOF: USD 300,000.00 PARTIAL DRAWINGS: PARTIAL DRAWINGS ARE ALLOWED CREDIT AVAILABLE WITH: CITIZENS BANK OF PENNSYLVANIA INTERNATIONAL TRADE DEPT. 20 CABOT ROAD, MIS MMF470 MEDFORD, MA 02155 U.S.A AGAINST PRESENTATION OF DOCUMENTS AS DETAILED HEREIN. DRAFTS: AT SIGHT DRAWN ON:CITIZENS BANK OF PENNSYLVANIA FULL NAME AND ADDRESS OF BENEFICIARY: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIO CUMBERLAND COUNTY PROTHONOTARY CURTIS R. LONG ESQ. CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 CONTINUED ON NEXT PAGE aRBS '\, t:~ Citizens Bank International Division 20 Cabot Road Medford, MA 02155 U5A 888868,0212 tel SWIFT: CTZIUS33 TELEX 211047 CTZINTL OUR REFERENCE NUMBER S903755 PAGE 2 AT THE REQUEST OF AFC-WASHCO-CARLISLE CROSSING, LP (HEREINAFTER CALLED "WASHCO") WE HEREBY ISSUE THIS IRREVOCABLE LETTER OF CREDIT EFFECTIVE THIS DATE IN FAVOR OF THE CUMBERLAND COUNTY COURT OF COMMON PLEAS (HEREINAFTER CALLED "COURT") IN THE AMOUNT OF $300,000.00 ON ACCOUNT OF WASHCO. THIS IRREVOCABLE LETTER OF CREDIT HAS BEEN ISSUED PURSUANT TO ORDER OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AT DOCKET NOS. 06-3073, 06-3074 AND 06-3075. FUNDS UNDER THIS IRREVOCABLE LETTER OF CREDIT ARE AVAILABLE TO THE COURT BY MEANS OF SPECIFIC ORDERS OF COURT AT THE ABOVE MENTIONED CUMBERLAND COUNTY DOCKET AND TERM NOS., WHICH SAID COURT ORDERS SHALL SPECIFY THAT FUNDS SHALL BE MADE AVAILABLE PURSUANT TO SAID ORDER TO SECURE A CLAIM FILED BY DAVID NEUMAN (HEREINAFTER REFERRED TO AS "NEUMAN") AGAINST WASHCO, AND WHICH IS CURRENTLY BEING LITIGATED IN THE COURT. SUCH COURT ORDER OR ORDERS MUST INDICATE THE AMOUNT PAYABLE FROM THE ACCOUNT OF WASHCO AND ANY DRAFTS ISSUED PURSUANT TO A COURT ORDER MUST BE MARKED "DRAWN UNDER CITIZENS BANK OF PENNSYLVANIA LETTER OF CREDIT NO. S903755, DATED AUGUST 17, 2006". PAYMENT OF THIS IRREVOCABLE LETTER OF CREDIT SHALL BE MADE WITHOUT DETERMINATION OF CONDITION OR FACTS PERTAINING TO ANY MATTER BETWEEN WASHCO AND NEUMAN. WE SPECIFICALLY AGREE THAT PAYMENTS WILL BE HONORED PURSUANT TO COURT ORDER REGARDLESS OF ANY OBJECTION MADE BY WASHCO OR ANY THIRD PARTY. IN THE EVENT WE REFUSE OR FAIL TO HONOR ANY COURT ORDER IN VIOLATION OF THE FOREGOING, WE WILL BE RESPONSIBLE FOR REASONABLE ATTORNEY FEES INCURRED BY NEUMAN IN ENFORCING HIS RIGHTS TO PAYMENT UNDER THE TERMS HEREOF. THE EXPIRATION DATE NOTED ABOVE SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT HERETO FOR AN ADDITIONAL PERIOD OF ONE YEAR FROM THE EXPIRATION DATE AND FOR ADDITIONAL PERIODS OF ONE YEAR FROM EACH ANNIVERSARY OF THE EXPIRATION DATE UNLESS AT LEAST SIXTY DAYS PRIOR TO THE EXPIRATION DATE OR EACH ANNIVERSARY OF THE EXPIRATION DATE, AS THE CASE MAY BE, WE NOTIFY NEUMAN IN WRITING THAT WE ELECT NOT TO EXTEND THIS LETTER OF CREDIT. SUCH NOTICE WILL BE SENT VIA BY CERTIFIED MAIL RETURN RECEPIT REQUESTED, OR OVERNIGHT CURRIER SERVICE, ADDRESSED TO NEUMAN AS FOLLOWS: CONTINUED ON NEXT PAGE aRBS t. "" t:~ Citizens Bank International Division 20 Cabot Road Medford, MA 02155 USA 888868,0212 tel SWIFT: CTZIU533 TELEX 211047 CTZINTL OUR REFERENCE NUMBER S903755 PAGE 3 MR. DAVID NEUMAN 712 THORN TREE HILL DRIVE FAYETTEVILLE, PA 13066 WITH A COPY TO: IVO V. OTTO, III, ESQUIRE MARTSON DEARDORFF WILLIAMS & OTTO 10 EAST HIGH STREET CARLISLE, PA 17013 IF WE GIVE SUCH NOTICE OF TERMINATION, THIS LETTER OF CREDIT SHALL EXPIRE AND BE CONSIDERED CANCELLED ON THE EXPIRATION DATE OR THE ANNIVERSARY OF THE EXPIRATION DATE, WHICHEVER THE CASE MAY BE, SUBJECT, HOWEVER, TO FURTHER PAYMENT ON THE LETTER OF CREDIT WITHIN SAID SIXTY DAY NOTICE IN ACCORDANCE WITH ANY COURT ORDER ISSUED WITHIN SAID TIME FRAME. THIS IRREVOCABLE LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. WE SPECIFICALLY AGREE THAT THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA SHALL CONTROL ANY AND ALL CLAIMS ARISING HEREUNDER. WE FURTHER AGREE TO JURISDICTION IN CUMBERLAND COUNTY PENNSYLVANIA AND THE APPELLATE COURTS OF THE COMMONWEALTH OF PENNSYLVANIA. INTENDING TO BE LEGALLY BOUND HEREBY, THIS IRREVOCABLE LETTER OF CREDIT HAS BEEN EXECUTED BY A DULY AUTHORIZED OFFICER OF THE UNDERSIGNED BANK. ANY AND ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT SHALL BE ADDRESSED TO CITIZENS BANK OF PENNSYLVANIA, 20 CABOT ROAD, MAIL STOP MMF470, MEDFORD, MA 02155 ATTN: ROBERT MARSHALL, OFFICER, TEL. (781) 655-4238. 'M(Ct/" ..Q ~ --'" -'" AUTHORIZED SIGNATURE aRBS y DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3073 MECHANICS' LIEN KOHL'S PENNSYLVANIA, INC., Owner DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3074 MECHANICS' LIEN TARGET CORPORATION, Owner DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3075/ MECHANICS' LIEN AFC W ASHCO-CARLISLE CROSSING, LP, Owner ORDER OF COURT AND NOW, this 30 day of , 2006, it appearing that the Letter of Credit as contemplated by ragraph 2 of this Court's prior Order of July 27, 2006, has been fIled with the Cumberland County Prothonotary, it is hereby ordered that the above three Mechanics' Liens shall be discharged as liens against the real estate pursuant to 49 P.S. ~1510. The Cumberland County Prothonotary is directed to discharge and satisfy on its records any lien or encumbrance placed against the property of Kohl's Pennsylvania, Inc., at Docket No. 06-3073, against the property of Target Corporation at Docket No. 06-3074, and the property of AFC Washco-Carlisle Crossing, LP, at Docket No. 06-3075. BY THE COURT: Cc: 1h.bert X. Gilroy, Esquire 1- -ceorge B. Faller, Jr., Esquire .t>" f;)OO "5> " ~vJ. {if>tfJ ,..fJ ~ 1''' ~~ ( f""d' '(~ ~ 0 iJ(P I:.P' rl'(\t./ ~ () r , ' , '. ... ,).: Claimant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID NEUMAN, v. NO. 06-3073 MLD KOHL'S PENNSYL VANIA, INC., Owner MECHANIC'S LIEN Claimant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID NEUMAN, v. NO. 06-3074 MLD TARGET CORPORATION, Owner MECHANIC'S LIEN Claimant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA DAVID NEUMAN, v. NO. 06-3075 MLD ~ MECHANIC'S LIEN AFC W ASHCO-CARLISLE CROSSING, LP, Owner NOTICE TO PLEAD TO: DAVID NEUMAN c/o: George B. Faller, Jr., Esquire Michael J. Collins, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 Kenneth M. A1weis, Esquire Goldberg Segalla, LLP 5789 Widewaters Parkway Syracuse, NY 13214 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS AND MOTION WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENT D AGAINST YOU. Dated: October ~, 2006 Hubert X. Gilroy, 1. D. No. 29943 Broujos & Gi oy, PC 4 North Hanover Street Carlisle, P A 17013 Telephone: (717) 243-4574 (Attorney for Owners) ~ Claimant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID NEUMAN, v. NO. 06-3073 MLD KOHL'S PENNSYLVANIA, INC., Owner MECHANIC'S LIEN Claimant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID NEUMAN, v. NO. 06-3074 MLD TARGET CORPORATION, Owner MECHANIC'S LIEN Claimant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID NEUMAN, v. NO. 06-3075 MLD AFC W ASHCO-CARLISLE CROSSING, LP, MECHANIC'S LIEN Owner DEFENDANT'S PRELIMINARY OBJECTIONS TO CLAIMANT'S MECHANIC'S LIEN CLAIM AND MOTION FOR RELEASE OF SECURITY Kohl's Pennsylvania, Inc. ("Kohl's), Target Corporation ("Target"), and AFC Washco- Carlisle Crossing, LP, ( "Washco" and collectively with Kohl's and Target, "Owners"), by and through counsel, Broujos & Gilroy, P .C., file Preliminary Objections to Claimant David Neuman's ("Claimant" or "Neuman") Mechanic's Lien Claim and Petition for Release of Security pursuant to 49 P.S. ~ 1505, and in support thereof, aver the following: 1. On May 30, 2006, Claimant commenced the above-captioned actions by the filing of three mechanic's lien claims at each of the above-captioned dockets. 2. The three above-captioned mechanic's lien claims are in the same amount, that is, 2 .; the sum of$405,500.00. 3. The three above-captioned mechanic's lien claims are based upon the same alleged (and disputed) oral contract with Washco and the same labor allegedly provided by Claimant. 4. On July 18, 2006, a Petition for Discharge of Mechanic's Lien Upon Entry of Security was filed at the three above-captioned dockets on behalf of the Owners. 5. The aforesaid petition alleged, inter alia, that the amount of Claimant's mechanic's lien claim was excessive, as a significant portion of the work alleged to be performed by Claimant was also alleged by Claimant to have occurred prior to the date of Claimant's alleged oral contract with Washco. 6. By Order dated July 27,2006, upon consideration of the aforesaid petition and by stipulation of the parties, this Court, inter alia, allowed Washco to post security in the reduced amount of $300,000.00 and, in exchange, the properties subject to the instant liens would be released from the liens. 7. On August 15,2006, Neuman commenced an action against Washco and other defendants at Civil Docket No. 06-4691 by the filing of a complaint ("the Complaint"). 8. The Complaint contained 5 counts, one of which was an action upon the instant mechanic's lien claim against Washco. A true and correct copy of the Complaint is attached hereto, marked as Exhibit "A", and incorporated herein. 9. On or about August 29,2006, Washco posted security in the form of a letter of credit in the amount of $300,000.00. 10. Upon posting of the aforesaid security, by Order dated August 30, 2006, this Court discharged the instant three liens. 3 , 11. On September 21,2006, Washco, et aI, filed preliminary objections to the Complaint, which are pending before this Court. I. Owners' Preliminary Obiections to Mechanic's Lien Claims for Lack of Conformity to Mechanic's Lien Law Pursuant to 49 P.S. & 1505 a) Failure to Apportion Claims 12. Paragraphs 1 through 11, above, are incorporated herein by reference as though textually set forth at length. 13. The cost of labor allegedly provided by Claimant and allegedly unpaid, ostensibly forming the basis for the instant mechanic's lien claims totals $ 405,500.00. 14. The Mechanic's Lien Law requires that a claimant providing labor or materials for work on several different improvements not forming all or part of a single business plant to file separate claims as to each improvement, with the amount of each claim determined by apportionment of the total debt to the several improvements. (49 P.S. ~ 1306(b).) 15. The properties subject to the three instant mechanic's lien claims, namely, the Kohl's property, the Target property, and the Washco property are each separate improvements and business plants, as evidence by the three separate and distinct deed and legal descriptions attached to and annexed in each of the three instant mechanic's lien claims filed by Claimant. 16. While Claimant filed three separate claims, one each for each of the three several improvements, Claimant made no effort whatsoever to apportion his alleged claim among the three separate and distinct improvements for which Claimant allegedly provided labor. Instead, Claimant filed mechanic's lien claims in the same total un-apportioned amount against each and all three said properties, in plain violation of the mandate of 49 P.S. S 1306(b ). 4 .. 17. The Mechanic's Lien Law is to be strictly construed, and Claimant's failure to comply with the law's statutory requirements mandates striking of each and every one of the three instant mechanic's lien claims. WHEREFORE, Owner respectfully request that this Honorable Court strike Claimant's mechanic's lien claims, with prejudice, and order release of the security posted by Washco, without restriction, and, further, award Owners any other reliefthe Court deems just and which is allowable by law. b) Failure to Distineuish Nonlienable Work in Claim 18. Paragraphs 1 through 17, above, are incorporated herein by reference as though textually set forth at length. 19. Claimant bases his mechanic's lien claims on allegedly providing labor in the nature of superintendence, including but not limited to: "Oversee[ing] negotiations with Anchor stores to finalize architectural building and pylon design. Complete site development agreements for construction of Kohl's and Target stores, including site development reimbursements from Kohl's and Target." (See Mechanic's Lien Claims at Exhibit "B".) 20. Assuming arguendo that any work alleged by Claimant is lienable (which Owners dispute), certain work specified in Claimant's claims, including but not necessarily limited to that aforesaid, is plainly, and by its very nature, nonlienable and should not be included as part of Claimant's mechanic's lien claims. 21. As Claimant has included nonlienable work in his mechanic's lien claims or, at minimum, failed to distinguish the nonlienable work from the alleged lienable work, Claimant's mechanic's lien claims should be stricken, as it is in derogation of the law. WHEREFORE, Owners respectfully request that this Honorable Court strike Claimant's 5 , mechanic's lien claims, with prejudice, and order release of the security posted by Washco, without restriction, and, further, award Owners any other relief the Court deems just and which is allowable by law. c) No Lien Permitted bv Persons Other than Contractor or Subcontractor 22. Paragraphs 1 through 21, above, are incorporated herein by reference as though textually set forth at length. 23. In the Complaint at Paragraph 7, Claimant avers that, prior to January, 2005, Claimant was an owner of Carlisle Crossing. 24. At the time that Claimant alleges himself to be the an owner of Carlisle Crossing, Carlisle Crossing was composed of the three instant subject properties, as subdivision and separate deeds had not yet been conveyed for each of the three said properties. 25. In the Washco mechanic's lien claim, Claimant avers that the "labor, skills and superintendence for which the debt is due were furnished pursuant to an oral agreement with owner, entered into on or about January 24,2005[.]" (Washco Mechanic's Lien Clam at ~ 3.) 26. Transfer of the subject property to Owner occurred on April 13, 2005. (Mechanic's Lien Claims at Exhibit "A".) 27. Claimant allegedly remained an equitable owner of the subject properties until April 13, 2005. 28. It is clear from Claimant's mechanic's lien claims that $216,000.00 of the labor and materials Claimant allegedly provided and forming part of the claims, was allegedly performed at a time that Claimant was allegedly the owner of the subject properties and before the aforesaid alleged oral agreement to do so. (Mechanic's Lien Claims at Exhibit "B".) 29. Additionally, while the specific amount is not readily ascertainable from 6 .' Claimant's three identical Exhibit B's, it is clear from the three Exhibit B's that at least part of the remaining amount claimed to be due by Claimant was performed before January 24,2005, the date of the alleged oral agreement. 30. Also patently clear from Claimant's claims is that an additional $54,000.00 of the labor and materials was allegedly performed or supplied at the time that Claimant remained an equitable owner ofthe subject properties. (Mechanic's Lien Claims at Exhibit "B".) 31. In each of the mechanic's lien claims, Claimant also avers that he, inter alia, "coordinate[ ed] with Dal-Pos and Granger Construction for delivery of small tenant spaces[.]" (Mechanic's Lien Claims at Exhibit "B".) 32. The Complaint avers that Neuman is a co-owner of the subject properties. (Complaint at ~ 14.) 33. Moreover, much, ifnot all, of the labor Claimant alleges is that of a go-between, or agent, of the owner, and not that of a "contractor" or "subcontractor", as defined by the Mechanic's Lien Law. 34. Even viewing Claimant's averments in their most favorable light, and notwithstanding the fact that Claimant avers that he was a contractor in the Washco mechanic's lien claim and subcontractor in the Kohl's and Target mechanic's lien claims, Claimant is not a "contractor" or "subcontractor" as defined by the Mechanic's Lien Law at 49 P.S. 9 1201(4) & (5). 35. Claimant's mechanic's lien claim must be stricken pursuant to 49 P.S. 9 1303(a), as no mechanic's lien claim is permitted except as to contractors and subcontractors, as defined by the Mechanic's Lien Law. WHEREFORE, Owners respectfully request that this Honorable Court strike Claimant's 7 , mechanic's lien claims, with prejudice, and order release of the security posted by Washco, without restriction, and, further, or in the alternative, award Owners any other reliefthe Court deems just and which is allowable by law. II. Owner's Motion for Release of Security 36. Paragraphs 1 through 35, above, are incorporated herein by reference as though textually set forth at length. 37. Claimant failed to comply with the requirements of the Mechanic's Lien Law, as aforesaid, and Claimant's three instant mechanic's lien claims should therefore be stricken and the security posted by Washco released without restriction. WHEREFORE, Owners respectfully request this Honorable Court order release of the security posted by Washco and, further, award Owners any other relief the Court deems just and which is allowable by law. Respectfully Submitted, BROUJOS & GILROY, P.c. Hubert X. Gilroy (Attorney for 0 1. D. No. 29943 4 North Hanover Street Carlisle, P A 17013 Telephone: (717) 243-4574 October {.3 , 2006 BY: 8 DAVID NEUMAN, Claimant v. KOHL'S PENNSYLVANIA, INC., Owner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3073 MLD MECHANIC'S LIEN DAVID NEUMAN, Claimant v. TARGET CORPORATION, Owner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3074 MLD MECHANIC'S LIEN DAVID NEUMAN, Claimant v. AFC W ASHCO-CARLISLE CROSSING, LP, Owner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA NO. 06-3075 MLD MECHANIC'S LIEN CERTIFICATE OF SERVICE I hereby certify that, on this date, I am serving a true and correct copy of the foregoing Preliminary Objections upon the following persons by U.S. Mail, First Class, postage prepaid, which service satisfies Pa.R.c.P. 440: George B. Faller, Jr., Esquire Michael J. Collins, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 (Attorney fDr Claimant) October~,2006 Kenneth M. Alweis, Esquire Goldberg Segalla, LLP 5789 Widewaters Parkway Syracuse, NY 13214 (Attorney for Claimant) 9 ('''I n ;::n .-\ ~~i~ :D -~\ , Cj""'" o C ....-\ w --r1 \.? :-"'; c\ "';;... ,c.) ::< Claimant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID NEUMAN, v. NO. 06-3073 MLD KOHL'S PENNSYLVANIA, INC., Owner MECHANIC'S LIEN Claimant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA DAVID NEUMAN, v. NO. 06-3074 MLD TARGET CORPORATION, Owner MECHANIC'S LIEN Claimant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID NEUMAN, v. NO. 06-3075 MLD AFC W ASHCO-CARLISLE CROSSING, LP, MECHANIC'S LIEN Owner OWNERS' MOTION FOR IMMEDIATE RELEASE OF SECURITY Kohl's Pennsylvania, Inc. ("Kohl's), Target Corporation ("Target"), and AFC Washco- Carlisle Crossing, LP, ( "Washco" and collectively with Kohl's and Target, "Owners"), by and through counsel, Broujos & Gilroy, P.C., file this Motion for Immediate Release of Security as follows: 1. On May 30, 2006, Claimant commenced the instant actions by the filing of mechanic's lien claims to each of the three above-captioned dockets, all in the same amount ($405,500.00); all three based upon the same alleged (and disputed) oral contract with Washco; and all three for the same labor allegedly provided by Claimant. 2. On July 18,2006, a Petition for Discharge of Mechanic's Lien Upon Entry of . Security was filed at the three above-captioned dockets on behalf of the Owners, alleging, inter alia, that the amount of Claimant's mechanic's lien claim was excessive, as a significant portion of the work alleged to be performed by Claimant was also alleged by Claimant to have occurred prior to the date of Claimant's alleged oral contract with Washco. 3. Upon consideration of the aforesaid petition and by stipulation of the parties, this Court by Order dated July 27,2006, inter alia, allowed the Washco to post security in the reduced amount of $300,000.00 and, in exchange, the properties subject to the instant liens would be released from the liens. 4. On August 15, 2006, Neuman commenced an action, based upon the same alleged facts allegedly supporting the instant Mechanic's Liens, against Washco and other defendants at Civil Docket No. 06-4691. 5. On or about August 29,2006, Washco posted security in the form of a letter of credit in the amount of $300,000.00, after which, the Court discharged the three parcels of real estate from the operation of the instant Mechanic's Liens 6. On October 13,2006, Owners filed Preliminary Objections to Claimant's Mechanic's Lien Claim and Motion for Release of Security. 7. The Preliminary Objections to Claimant's Mechanic's Lien Claim and Motion for Release of Security were endorsed with a Notice to Plead within twenty (20) days, and were duly served upon Claimant by First Class Mail to both local and New York counsel on October 13, 2006. 8. By letter dated November 17,2006, counsel for Owners granted Claimant until December 7,2006 to file an answer to the Preliminary Objections and Motion for Release of Security. A true and correct copy of said letter is attached hereto and marked as Exhibit "A". 9. As of the date of this Motion, Claimant has failed to serve Owners with an answer . to the Preliminary Objections and Motion for Release of Security. 10. As of the date of this Motion, Claimant, through counsel, has not given undersigned counsel any reason, much less good reason, for the failure to plead. 11. Claimant's failure to answer the Preliminary Objections and Motion for Release of Security is without excuse and with no reasonable basis. 12. Claimant's failure to answer the Preliminary Objections and Motion for Release of Security serves to delay disposition of the matter, which works to the prejudice and harm of Wascho, as the security posted by Washco is causing Washco to incur significant costs and expenses in the nature of ongoing fees and interest. 13. Grant of this Motion will not impair Claimant's substantive rights, as said action at Civil Docket No. 06-4691, as well as, the actions at the above captioned dockets remain pending for disposition. WHEREFORE, Owners respectfully request this Honorable Court order immediate release of the security posted by Washco and, further, award Owners any other relief which the Court deems just and which is allowable by law. Respectfully Submitted, BROUJOS & GILROY, P.C. December 8, 2006 BY: ubert X. ilroy, Esquire (Attorney or Owners) 1. D. No. 29943 4 North Hanover Street Carlisle, P A 17013 Telephone: (717) 243-4574 , .. DAVID NEUMAN, Claimant v. KOHL'S PENNSYLVANIA, INC., Owner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA NO. 06-3073 MLD MECHANIC'S LIEN DAVID NEUMAN, Claimant v. TARGET CORPORATION, Owner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3074 MLD MECHANIC'S LIEN DAVID NEUMAN, Claimant v. AFC W ASHCO-CARLISLE CROSSING, LP, Owner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA NO. 06-3075 MLD MECHANIC'S LIEN CERTIFICATE OF SERVICE I hereby certify that, on this date, I am serving a true and correct copy of the foregoing Motion upon the following persons by U.S. Mail, First Class, postage prepaid, which service satisfies Pa.R.C.P. 440: George B. Faller, Jr., Esquire Michael J. Collins, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 (Attorney for Claimant) December 8, 2006 Kenneth M. Alweis, Esquire Goldberg Segalla, LLP 5789 Widewaters Parkway Syracuse, NY 13214 (Attorney for Claimant) Hubert X. Gilroy squire Broujos & Gilr , P.C. 4 North Hanover Street Carlisle, PA 17013 (Attorney for Owners) 4 , . . JOHN H. BaolJJos HUBERT X. GILROY BROUJOS & GILROY, P.C. ATrORNEYS AT LAW 4 NOlUH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 jbroUjosObrouj08gi1roy.com hgilroyObro~j08gi1roy.com November 17, 2006 NON-ToLL FOR HAIuusBURG .AREA 717-766-1690 George B. Faller Jr. Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, P A 17013 RE: Neuman v AFC Washco et al. Dear George: We need to move this case along. My clients are incurring expense with the Letter of Credit for the security, and I believe it is clear in this case that this security should be released at this point. To date, I have given you an extension to file a response to our Preliminary Objections and Motion for Release of Security. I ask that you get an Answer filed within twenty days of the date of this letter. You may have a further extension to respond to the Preliminary Objections if you agree at this point to release the security. Our position and request does not undermine your client's ability to pursue the basic claim which he has set forth in his Complaint. The only issue we are litigating at this time is the propriety of the filing of the Mechanic's Lien and the security we posted to have the Mechanic's Liens released. It is clear to us based upon the allegations of the Complaint that the Mechanic's Lien claim itself must fail and, correspondingly, the security should be released. Again, this does not negatively impact your client's ability to pursue the claims set forth in the Complaint and, quite frankly, I would suggest that your client should recognize that there is no need for security to be posted in this matter. The expenditure of attorney's fees by both parties on this issue of the posting of security does appear to make much sense. srb cc: Mitchell S. Berkey, Esquire This correspondence is bein2 transmitted via facsimile EXHIBIT I A r-..) c= C,':J Q-.. C') r,'l n I co 7~ -:.... N N DAVID NEUMAN, Claimant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-3073 MLD KOHL'S PENNSYLVANIA, INC., Owner MECHANIC'S LIEN DEe 0 8 200~ DAVID NEUMAN, Claimant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-3074 MLD TARGET CORPORATION, Owner MECHANIC'S LIEN DAVID NEUMAN, Claimant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-3075 MLD AFC W ASHCO-CARLISLE CROSSING, LP, MECHANIC'S LIEN Owner RULE AND NOW, this L day of ~ ,2007, upon consideration of ....... the within motion and for good cause shown, a Rule is HEREBY ISSUED upon Claimant, David Neuman, to show cause, if any exists, why the requested relief should not be granted. Rule returnable by answer filed with the Court and served upon counsel for Owners within ten (10) days from the date hereof. BY THE COURT: Copies: George B. Faller, Esquire ?' Kenneth M. Alweis, Esquire . /:>--8 ~c, r ....- ; D A Hubert X. Gilroy, Esquire --. r---I,J ~~ ~fl\f?-~ ~1iP' " p~ofT' ~. 19- pfl. /. of 1l"i;;<. DIP . cfflC'r/ B l)t.o- pf'. ~Cv\ \)~ ,I ..... . . . .....:.. \ , -~ '" DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3073 MECHANICS' LIEN KOHL'S PENNSYLVANIA, INC., Owner DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3074 MECHANICS' LIEN TARGET CORPORATION, Owner v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA No. 06-3075 / MECHANICS' LIEN DAVID NEUMAN, Claimant AFC W ASH CO-CARLISLE CROSSING, LP, Owner COURT ORDER AND NOW, this ~ day of December, 2006, upon consideration of the attached Stipulation, it is ordered and directed as follows: 1. The Letter of Credit in the amount of $300,000.00 posted by AFC Washco-Carlisle Crossing, LP, at Docket No. 06-3075 above is hereby released, and the Owners in the above three referenced cases shall no longer have any requirement to post security for payment of funds owing, if any, pursuant to the three Mechanics' Liens referenced above. 2. Citizen's Bank. of Pennsylvania, which posted the Letter of Credit on behalf of AFC Washco-Carlisle Crossing, LP, is hereby released from any obligation with respect to said Letter of Credit, and the Cumberland County Prothonotary is authorized to return to legal counsel for AFC Washco the original Letter of Credit which has been posted in this matter. ~, \.. . ' .~: 4 40 . 3. This Order should not in any way limit the amount of a claim, if any, that David Neumann may assert against AFC Washco-Carlisle Crossing, LP, at the above Docket No. or at Docket No. 06-4691. -- cc: Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, P A 17013 cc: George B. Faller, Jr., Esquire Martson Deardorff Williams & Otto 10 East High Street () ~(t -0" (I. ~'LLA ~ Carlisle, PA 17013 / ~.,--- Kenneth M. Aiweis, Esquire Goldberg, Segalla, LLP 5789 Widewaters Parkway Syracuse, NY 13214 cc: TRUE COPY FROM RECORD II Tw'LL., wber8of, , ~~(4) untO" my halttJ lilt tilt .. cj said Cc~. . .it QdIte, Pa. lMa ~ r ~t~ &IXIo . ... . ... : + ... DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3073 MECHANICS' LIEN KOHL'S PENNSYLVANIA, INC., Owner DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3074 MECHANICS' LIEN TARGET CORPORATION, Owner DAVID NEUMAN, Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-3075 MECHANICS' LIEN AFC W ASHCO-CARLISLE CROSSING, LP, Owner STIPULATION Legal counsel for the parties hereby Agree and Stipulate that the attached Order may be entered by the Court. December'~, 2006 TRUE COPY FROM RECORD! "' Testimony whereof, , h~jr lmto set my ..~ met the ... of said Cc... .~,L Cartlsle. PI. "* day of BY: George B. Faller, Jr., Esquire (Attorney for Claimant) Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 Telephone: (717) 243-1850 December I ~ ,2006 a____ , ,((J\~~ j ~D~. ftA rileD ~ ~ 3"'1'1 ..~. of ~ rD(P o~v ~JY. (>~ \~~Co' d1J " ~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ------------------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) DA VID NEUMAN, Claimant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-3073 MLD : CIVIL ACTION - LAW KOHL'S PENNSYLVANIA, INC., Owner : MECHANICS LIEN DAVID NEUMAN, Claimant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-3074 MLD : CIVIL ACTION - LAW TARGET CORPORATION, Owner : MECHANICS LIEN DA VID NEUMAN, Claimant v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3075 MLD /" : CIVIL ACTION - LAW AFC W ASHCO-CARLISLE CROSSING, LP, Owner : MECHANICS LIEN 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Obiections to Claimants Mechanics Lien Claim and Motion for Release of Security I I By Order of Court dated December 18,2006, the Court approved the parties' Stipulation to release security. The underlying mechanics' lien, and the Owners Preliminary Objections to the same continue to remain outstanding in this matter. ,. ( 2.. Identify counsel who will argue cases: (a) for plaintiff: (Claimant) George B. Faller. Jr.. Esq. and Michae 1. Collins. Esq.. Martson Law Offices. 10 East (Name and Address) High Street. Carlisle. PA 17013 and Kenneth M. Alweis. Esq., Goldberg Segalla. LLP. 5789 Widewaters Parkway. Syracuse. NY 13214 (admitted Pro Hac Vice) (b) for defendant: (Owners) Paige Macdonald-Matthes. Esquire. Serratelli. Schiffman. Brown & Calhoon. P.c.. (Name and Address) 2080 Linglestown Road. Suite 201. Harrisbuql.. P A 17110 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 28, 2007 6'i.~ '-~"C'~~~~.""--'\ Signature Paige Macdonald-Matthes, Esquire Print your name Date: 01/30/07 Attorney for Owners (Defendants) I"-.:) o:.~ = -' s- ...."_.,.~ -....).. G0 :::::: ..\:"" :=) _ ..t t-~ :-..0 .< a w . ... .... 1f. DAVID NEUMAN, Claimant v KOHL'S PENNSYLVANIA, INC. , Owner DAVID NEUMAN, Claimant v TARGET CORPORATION, Owner DAVID NEUMAN, Claimant v AFC WASHCO-CARLISLE CROSSING, LP, Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3073 MLD CIVIL ACTION - LAW MECHANICS LIEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3074 MLD CIVIL ACTION - LAW MECHANICS LIEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3075 MLD ~ CIVIL ACTION - LAW MECHANICS LIEN PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE Please withdraw the appearance of Hubert X. Gilroy, Esquire, as attorney for the Owners in the above-captioned matters. Dated: ~,~o 7 HU~Oi~Y' Esquire Martson, Deardorff, Williams Otto, Gilroy & Faller 10 East High Street Carlisle, PA 17013 (717) 243-3341 . "COPYFAOM ~ ""((In .,......., I here unto_...,_ ,Iftd 'tIII'~ of &lid Court at r MillS. ... ~h_~~ ~rA7 .. -. ..~ .... Please enter the appearance of Paige Macdonald-Matthes, I Esquire, as attorney fo~ the Owners in the above-captioned Matters. Dated: ~1'5lot) -c:-:w\~ ~~-.JUr>~I\r:~ Paige Macdonald-Matthes, Esquire Atty ID No. 66266 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 FILED OFplI!6 ~ T'Jft5 Pb>nto~() nts!y ~()()7 lib 18. PA.{ /:;/'/ ~b &, PIl AtS ." ~ DAVID NEUMAN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Claimant, v. : NO.: 06-3073 MLD KOHL'S PENNSYLVANIA, INC. Owner. : CIVIL ACTION - LA W : MECHANICS LIEN DAVID NEUMAN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Claimant, v. : NO.: 06-3074MLD TARGET CORPORATION, Owner. : CIVIL ACTION - LAW : MECHANICS LIEN Claimant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND C07ENNSYL VANIA : NO.: 06-3075 MLD DAVID NEUMAN, v. AFC W ASH CO-CARLISLE CROSSING, LP, Owner. : CIVIL ACTION - LAW : MECHANICS LIEN PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE Please withdraw the appearance of George B. Faller, Esquire and Michael J. Collins, Esquire, of MARTS ON DEARDORFF WILLIAMS & OTTO, as attorneys for the Claimant in the above-captioned matter. Dated: 2"""(1, Ge~~ J.D. No.: 49813 . MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243 3341 ~ Dated: 2-- ( fo -61- Michael J. Collins, Esqu e J.D. No.: 200427 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 2433341 Please enter the appearance of Henry 1. Noye, Esquire, of GOLDBERG SEGALLA, LLP, asattomey for the Plaintiff in the above-captioned matter. Dated: Z - 70- () 1- l~~. Nv-- Henry 1. No e, EsqUIre J.D. No.: 82495 GOLDBERG SEGALLA, LLP United Plaza 30 South 17th Street, Suite 1800 Philadelphia, Pennsylvania 19103-4005 (215) 284-4501 o ~ -5~- -0 (~~: mp ~~t.1 u'!; ......... ~. r I _' '7;'. (=, J,?"(.,::-. ~ 'G5 c::::> --J -T'\ g N -1 ~ ~ -t ~~ ......\1'1 -nO oh :3 'j:~ i-I \ :t~ ~ ~ :!i '" 17 David Neuman v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA AFC Washco-Carlisle Crossing, LP : NO. 06-3075 CIVIL TERM ORDER OF COURT AND NOW, March 1,2007, by agreement of counsel, the above-captioned matter is continued from the February 28, 2007 Argument Court list. Counsel is directed to relist the case when ready. ~rge B. Faller, Jr., Esquire For the Plaintiff ~e Macdonald-Matthes, Esquire For the Defendant ~ Court Administrator kam 00 :.~ ~!d 2 - ~Vt,l LOOl I/.-i\!' i U"',;\,,';'J' '" (;,'1',1 :;jt II :10 1\...... 1'.l.. l ~ '-', __.....)._., '-I ~r-u. :J~} l.:!:~,~ ()~~'(]3lI~ DA VID NEUMAN, Claimant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. AFC W ASHCO-CARLISLE CROSSING, LP, : NO.: 06-3075 MLD Owner. : CIVIL ACTION - LAW : MECHANICS LIEN PRAECIPE TO WITHDRAW MECHANIC'S LIEN David Neuman, by and through his undersigned counsel, Henry 1. Noye of Goldberg SegaIIa, LLP, hereby requests that the Mechanic's Lien in the above-captioned matter be withdrawn. Dated: ~tN~ "Z. 'L I l Co",\- H~~~;,~~~ J.D. No.: 82495 GOLDBERG SEGALLA, LLP United Plaza 30 South 17th Street, Suite 1800 Philadelphia, Pennsylvania 19103-4005 (215) 284-4501 -- CERTIFICATE OF SERVICE I, Henry 1. Noye, do hereby certify that I served a true and correct copy of the above Praecipe to Withdraw on the 22nd day of March, 2007, to the individual listed below by United States mail, postage pre-paid. Dated:~ 300574,1 Paige Macdonald-Matthes, Esquire Serratelli, Schiffman, Brown & Calhoon, P.e. 20890 Linglestown Road, Suite 201 Harrisburg, P A 17110-9670 Attorney for Defendants APC Wash co-Carlisle Crossing, LP Wash co-Carlisle Crossing, LLC and AFC Carlisle Limited Partner, LP \~. (,- Henry 1. ~ ,..." ~ 0 = ~ = ~ c --' S;:n t ~~ :x It . ~1~~., :v- ~~ C> ::;0 N :n - 0 06 if! CP --'1.., r;~.'.'" "~L -rt ~ -U -0 i:2(') '"-- ~ zrn -- F 'l~. .t~~. ' - 9 Pc - ~ (".J ., ~ ~ 0 ..c;:- .r:- \' 1- ~ a ~ ~ ~ r<) IN