UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

PHEASANT LANE REALTY TRUST

Plaintiff

vs.

CIVIL ACTION NO.

PAWSENCLAWS & CO., LLC AND

STEPHEN MANDELL

Defendants

DEFENDANT STEVEN H. MANDELL'S NOTICE OF

REMOVAL TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF

NEW HAMPSHIRE , AND DEMAND FOR JURY TRIAL

NOW COMES the defendant, Steven' H. Mandell ("Mandell" or

"defendant Mandell"), by and through his attorneys, Cleveland,

Waters and Bass, P.A., and states as follows in support of this

Notice of Removal to the United States District Court for the

District of New Hampshire:

1. Mandell requests removal pursuant to 28 U.S.C. §1446.

This court has jurisdiction under 28 U.S.C. §1332. All parties

are diverse and the amount in controversy exceeds $75,000.

2. The plaintiff commenced the underlying action in the

Hillsborough County (South) Superior Court by means of a Writ of

1 Steven is spelled "Stephen" on the Writ of Summons.

Case 1:07-cv-00004-JL Document 1 Filed 01/04/07 Page 1 of 5
Summons dated December 7, 2006 (the "Writ of Summons").

Pursuant to 28 U.S.C. §1446(a), a true and accurate copy of the

Writ of Summons (without the referenced exhibits, which were not

served on Mandell) is attached hereto and incorporated herein as

Exhibit 1.

3. Removal is timely under 28 U.S.C. §1446(b) because

less than 30 days have elapsed since Mandell first received the

Writ of Summons after December 7, 2006.

4. As stated in the Writ of Summons, the plaintiff is a

Massachusetts Trust.

5. As stated in the Writ of Summons, Mandell is a citizen

of New Jersey.

6. As stated in the Writ of Summons and on information

and belief, Pawsenclaws & Co., LLC ("Pawsenclaws" or "defendant

Pawsenclaws") is a Delaware limited liability company with a

principal place of business in New Jersey.

7. The two-count Writ of Summons alleges breach of

contract (Count I) against Pawsenclaws stemming from an alleged

lease to rent retail space in the Pheasant Lane Mall, and breach

of contract (Count II) as to Mandell arising out of an alleged

personal guaranty of Pawsenclaws' obligations under the lease.

See Exhibit 1.

8. The plaintiff alleges that the minimum annual rent for

the leased premises was between $121,600 and $147,200, depending

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Case 1:07-cv-00004-JL Document 1 Filed 01/04/07 Page 2 of 5
on the year, and the plaintiff has alleged that Pawsenclaws did

not make timely rental payments starting in or about October of

2005 and voluntarily vacated the premises sometime after

September 6, 2006. See Exhibit 1, Page 2 of specification to

Writ of Summons.

9. The plaintiff has also alleged that Pawsenclaws is

indebted to the plaintiff in the amount of $1,376,685.92. Id.

10. Under the terms of the alleged Guaranty, Mandell's

obligation is capped at the lesser of two years' rent and

charges due under the lease, or the amount due for the remainder

of the lease term, whatever is less. This would in any event

exceed $75,000 given the minimum annual rent exceeds $120,000.

11. When objectively viewed on its face, the Writ of

Summons demonstrates that the amount in controversy exceeds

$75,000.

12. Certified copies of all documents filed in the

Superior Court will be requested from the Superior Court and

filed with this court pursuant to Local Rule 81.1(c).

13. Pawsenclaws has been contacted and consents to and

joins in Mandell's removal request as stated in the Notice of

Consent to Removal attached hereto and incorporated herein by

reference as Exhibit 2.

14. Mandell hereby demands a trial by jury on all counts

so triable.

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Case 1:07-cv-00004-JL Document 1 Filed 01/04/07 Page 3 of 5
15. Mandell is filing a timely Notice of Filing of Notice

of Removal with the Hillsborough County Superior Court. See

Exhibit 3.

WHEREFORE, Mandell respectfully requests that this

Honorable Court:

A. Order that the case is removed to this court pursuant

to 28 U.S.C. §1446;

B. Order that all proceedings in the Hillsborough County

(South) Superior Court are stayed;

C. Make any and all other appropriate orders necessary to

implement removal; and

D. Order such other and further relief as is just,

equitable and appropriate;

Respectfully submitted

STEVEN H. MANDELL

By and through his Attorneys,

CLEVELAND, WATERS AND BASS, P.A.

Date: JANUARY 4, 2007 By: /s/ William B. Pribis

William B. Pribis (Bar*11348)

Two Capital Plaza

P. 0. Box 1137

Concord, NH 03302-1137

603-224-7761

pribisw@cwbpa.com

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Case 1:07-cv-00004-JL Document 1 Filed 01/04/07 Page 4 of 5
CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing has been

electronically forwarded this 4th day of January, 2007 to Amy J.

Vesely, Esquire, Counsel for the plaintiff and George R. Moore,

Esquire, Counsel for Pawsenclaws.

/s/ William B. Pribis

William B. Pribis (Bar*11348)

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