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In the Court of Common PleasFirst Judicial District of Pennsylvania

Bag of Holdings, LLC

Plaintiff,

Jury Trial Demanded

v. November Term

City of Philadelphia and Kenyatta Johnson, individually and in his Official Capacity as Councilman for the Second District of Philadelphia Defendants.

No.

NOTICE TO DEFEND

You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice arc served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

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1101 Market Street, 11th Floor Philadelphia, Pennsylvania 191072911

Telephone: (215) 238-6333

AVISO

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LLEVE ESTA. DEMANDA A UN ABOGADO I N M E D I ATA M E N T E . S I N O T I E N E ABOGADO O SI NO TIENE EL DINERO S U F I C I E M I E N T E D E PA G A R TA L SERVICIO, VAYA EN PERSONA O LLAME POR TELÉFONO A LA OFICINA CUYA DIRECCIÓN SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.

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1101 Market Street, 11th Floor Philadelphia, Pennsylvania 191072911

Teléfono: (215) 2386333

Case ID: 141101744

Filed and Attested byPROTHONOTARY

17 NOV 2014 11:20 pmJ. OSTROWSKI

By: A. Jordan [email protected]. Id. 209066M U LV I H I L L & RU S H I E L LC 2424 East York Street • Suite 316Philadelphia, PA 19125215.385.5291

In the Court of Common PleasFirst Judicial District of Pennsylvania

Complaint

Bag of Holdings, LLC brings this Complaint against the City of Philadelphia and Kenyatta Johnson, through its attorney A. Jordan Rushie, and alleges the following:

S U M M A RY OF T H E C A S E

This matter involves a “pay to play” scheme for vacant lots in the Second District of Philadelphia. Councilman Kenyatta Johnson is trying to sell city owned properties to political insiders and de-manding purchasers use his preferred developers, in what is a fla-grant violation of the City’s documented policies.

Bag of Holdings, LLC

Plaintiff,

Jury Trial Demanded

v. November Term

City of Philadelphia and Keny-atta Johnson, individually and in his Official Capacity as City of Philadelphia Councilman for the Second District Defendants.

No.

Case ID: 141101744

mailto:[email protected]

Bag of Holdings LLC v. City of Philadelphia, et. al.

Complaint

PA RT I E S

1. Bag of Holdings LLC, is a business organized under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 1501 Dillon Road, Maple Glen, PA, 19002.

2. The City of Philadelphia is a Municipality of the first class in the Commonwealth of Pennsylvania.

3. Councilman Kenyatta Johnson is an elected councilperson for the City of Philadelphia, with an office located at City Hall, Room 580, Philadelphia, PA 19107.

4. Councilman Johnson is the councilperson for the Second Dis-trict of the City of Philadelphia, which includes Point Breeze.

5. Kenyatta Johnson is named individually and in his Official Ca-pacity as City of Philadelphia Councilman for the Second Dis-trict.

FAC T UA L B AC KG ROUN D

6. Bag of Holdings LLC is a real estate development company which engages in development in the Second District of Phil-adelphia.

7. As part of its business, Bag of Holdings purchases vacant lots with the intent of redeveloping them.

8. The City of Philadelphia owns many vacant lots which Bag of Holdings wished to purchase in the Second District.

9. City of Philadelphia policy requires an open competitive sales process when multiple “expressions of interest” are made by de-velopers.

10. A true and correct copy of the City’s Sale and Development Poli-cy is attached as Exhibit A, and is referred to in the Complaint as the “City Sale Policy.”

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Complaint

11. The purpose of the City Sale Policy is to “[c]onvey land in a uni-fied, predictable, timely and transparent process.” (Exhibit A).

12. Under the City Sale Policy, “[o]pen Market Sales such as broker listings, the use of the Multiple Listing Service, web sites or oth-er recognized method of advertising may be used to encourage broad participation in the sale of selected properties.” (Exhibit A).

13. Bag of Holdings LLC is a “Qualified Purchaser” under the City Sale Policy.

14. Plaintiff has made multiple Expressions of Interest on proper-ties located in the Second District and Point Breeze, in accor-dance with the City Sale Policy.

15. However, many properties the Plaintiff has made Expressions of Interest on are scheduled for sale to “political insiders” of Councilman Kenyatta Johnson.

16. On information and belief, certain political insiders made cam-paign contributions to Councilman Johnson or performed oth-er favors.

17. Among other things, those deemed political insiders by Coun-cilman Kenyatta Johnson are able to circumvent the competitive bidding process mandated by the City Sale Policy.

18. Certain properties are scheduled for sale to the political insiders without following the City Sale Policy, or notice to Bag of Hold-ings LLC.

19. For instance, in just the last three months, at least seventeen out of twenty-two properties scheduled for sale by the City are to political insiders.

20.Some of these political insiders include, but are not limited to, Hayman Construction LLC, Tremelle Hayman, and Felton Hayman.

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Complaint

21. Many of these political insiders are not “Qualified Purchasers” under the City Sale Policy.

22. For instance, Felton Hayman pled guilty to third-degree murder charges in connection with the killing of a rival drug dealer as-sociated with the Junior Black Mafia. (Exhibit B).

23. Hayman has also had a property foreclosed on as recently as 2014 — the same year Hayman Construction LLC was formed.

24. In selling the properties to political insiders, the Defendants ignored Expressions of Interest from other real estate develop-ers, including Bag of Holdings LLC.

25. Certain properties are currently scheduled for sale under their actual market value, to the detriment of all Philadelphia taxpay-ers.

26. On information and belief, as part of the arrangement, Kenyat-ta Johnson demands purchasers of these properties use political insiders such as Hayman Construction for the development.

27. The above described actions essentially cut Bag of Holdings out of the competitive bidding process.

28. On information and belief, the above described sales were effec-tuated by Councilman Kenyatta Johnson.

29. The City Sales Policy mandates that “[a]ll real estate transactions are governed by City and State laws and rules that generally pro-hibit, among other things, conflicts of interest, the disclosure of confidential information, and the representation of another by a City official or employee in a transaction with the City.”

30.Defendant Kenyatta Johnson violated this policy by effectuating the sale of certain lots to unqualified political insiders, often under market value.

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Complaint

Count 1Violations of Substantive Due Process and Equal Protection

Against All Defendants

31. On information and belief, the Defendants, acting under color of state law, intentionally scheduled for sale properties in the Second District to political insiders.

32. In the alternative, the Defendants, acting under color of state law, arbitrarily treated Bag of Holdings differently from other similarly situated real estate developers.

33. Plaintiff was never given any type of hearing or notice before Defendants unfairly scheduled for sale properties in the Second District to political insiders.

34. Defendants did not provide substantive or procedural due process of law to Bag of Holdings.

35. The Defendants’ actions essentially cut Bag of Holdings out of the competitive bidding process.

36. Defendants caused Plaintiff to suffer by their wrongful conduct in violation of the Fourth and Fourteenth Amendment to the United States Constitution and Pennsylvania Constitution, ac-tionable through 32 U.S.C. § 1983, et. seq., and state law.

37. As a result, Bag of Holdings has sustained monetary damages and is unable to develop certain properties in Point Breeze.

Count IICivil ConspiracyAgainst All Defendants

38. Upon information and belief, the Defendants agreed among themselves to ensure that certain properties in Point Breeze were scheduled for sale to political insiders.

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Complaint

39. One or more of the Defendants performed one or more overt acts in furtherance of their conspiracy, which acts were not priv-ileged.

40.Each defendant is liable for the harm Bag of Holdings LLC has suffered and will suffer as a result of the conspiracy.

W H E R E F OR E, Plaintiff, Bag of Holdings LLC demand judgment in its favor and against all defendants in an amount exceeding $50,000.00, including attorneys fees, statutory damages, treble damages, court costs, expenses, punitive damages, and whatever other relief this Court finds necessary, just and proper.

Respectfully Submitted,

#A. Jordan RushieM U LV I H I L L & RU S H I E L LC 2424 East York Street • Suite 316Philadelphia, PA 19125215.385.5291Attorneys for Bag of Holdings, LLC

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Verification

I, Michael Pollack, am the sole member of Bag of Holdings LLC. I hereby state that the facts above set forth are true and correct (or are true and correct to the best of my knowledge, information and be-lief) and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

Dated: November 17, 2014 /S/ Michael Pollack

Case ID: 141101744

Exhibit A

Case ID: 141101744

City of Philadelphia

POLICIES FOR THE SALE AND REUSE OF CITY OWNED PROPERTY

April 20, 2012 Final Version

Case ID: 141101744

Guiding Principles ........................................................................................................................... 1

Applicability ..................................................................................................................................... 1

Qualified Purchasers & Bids ............................................................................................................ 1

Appropriate & Timely Development of Properties ......................................................................... 2

Approaches to the Sale of Property ................................................................................................ 4

Open and Competitive Market Sales .......................................................................................... 4

Listed Direct Sales ....................................................................................................................... 4

Discounted Sales ......................................................................................................................... 4

Discounted Sales ............................................................................................................................. 5

Affordable Housing ................................................................................................................. 5

Economic Development Projects ............................................................................................ 5

Community Development Projects ......................................................................................... 5

Self-amortizing Second Mortgage .......................................................................................... 6

Community Gardens ............................................................................................................... 6

Side Yards ................................................................................................................................ 6

Discontinued Programs ........................................................................................................... 7

Urban Agriculture ........................................................................................................................... 8

Individual Gardens .................................................................................................................. 8

Community Gardens ............................................................................................................... 8

Market and Community-Supported Farms ............................................................................. 9

Other Uses ...................................................................................................................................... 9

Citizen-Initiated Tax Sales ............................................................................................................... 9

Ethics ............................................................................................................................................. 10

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Guiding Principles This policy shall be used to promote and regulate the sale and reuse of City properties. The sale and reuse of City properties shall at all times be consistent with the following guiding principles. o Encourage the development and reuse of vacant properties consistent with the City of

Philadelphia’s Comprehensive Plan (Philadelphia2035), and other City-approved and accepted plans.

o Eliminate blight and revitalize neighborhoods. o Strengthen the City’s tax base. o Sell, at market value, properties without an adopted public purpose, and discount

properties that provide significant community benefits. o Convey land in a unified, predictable, timely and transparent process.

Applicability These policies apply to the real property inventories owned by the Philadelphia Redevelopment Authority, the Philadelphia Housing Development Corporation, and the surplus inventory held by the City of Philadelphia’s Department of Public Property. These agencies are collectively referred to as “The City” throughout this document, and are each responsible for decision-making during the disposition process and adherence to these policies. All expressions of interest for property will be made through the Philadelphia Redevelopment Authority (PRA). During the review of requests for property under these policies, the City may, at its discretion, elect not to convey the requested property. Under such circumstances, the City will provide a reason for this decision.

Qualified Purchasers & Bids All purchasers of City-owned property must fulfill their commitments to the City and to their neighbors, which includes paying property taxes and maintaining properties in accordance with all municipal codes and ordinances. A Qualified Purchaser is defined as one who is in good standing on all municipal obligations; and

Does not own any property that is subject to any significant unremediated violation of City codes and ordinances; and

Has not been an owner in a completed Philadelphia tax foreclosure proceeding within the previous five years; and

Does not appear as the owner of record on the Philadelphia District Attorney’s list of land that has been confiscated due to criminal activity.

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All purchasers must submit disclosures as required by the City. A Qualified Bid is defined as one that includes:

1) Adequate plans for development; and 2) Demonstrated capacity to complete work proposed; and 3) Proven financial resources; and 4) Demonstrated ongoing operating capacity, and 5) Is submitted by a Qualified Purchaser

Appropriate & Timely Development of Properties The City expects that properties will be developed in an appropriate and timely manner according to a written agreement. To ensure that these expectations are met, the City will place conditions on land it conveys to achieve the agreed upon outcome and will follow up with a systematic review of these agreements after property has been conveyed. Applicants will be expected to develop and use property acquired under these policies in a timely manner. This requirement will be enforced either through reverter provisions in the deed, or by requiring that property be conveyed simultaneously with construction financing closing. New owners will:

Ensure consistency with the City of Philadelphia’s Comprehensive Plan (Philadelphia2035) and other City-approved and accepted plans

Comply with fair housing and marketing regulations

Conform with current zoning requirements, or obtain the appropriate zoning permit

Maintain the property in accordance with all City codes and ordinances

Note: The City reserves the right to decline any offer to purchase City-owned property if the sale does not advance the City's goals or comport with its policies for property disposition. If an offer is rejected, a reason will be provided for the objection upon request in a timely manner. Site Control: Options and Holds The City recognizes that developers often require legally recognizable site control as part of the development process. The City may at times execute contingent agreements of sale or option agreements to allow developers to pursue financing and other approvals necessary for development. Agreements or contracts for this purpose must meet the following conditions:

The applicant must be a Qualified Purchaser

The applicant will be responsible for property maintenance, insurance, and utilities

The timeframe must limited to one year or less and may be renewed solely at the City’s discretion

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The proposed use must be consistent with the City of Philadelphia’s Comprehensive Plan (Philadelphia2035) and other City-approved and accepted plans.

The applicant may not use or move into the property

An option fee will be due upon execution

Not-for-profits and city-subsidized projects may be exempt from a fee

The contract terms will be public information in accordance with applicable law.

Applicant must have a letter of support from the District Council Member. Requests for Proposals/Qualifications If the City has a specific planned use for a parcel, a Request for Proposals (RFP) or Request for Qualifications (RFQ) will be issued to identify and select a potential developer. The RFP format allows the City to explain the planned use and any further restrictions that might be placed on the developer or successive owners of the property.

RFP will be widely advertised to encourage broad participation. Selection criteria will include factors such as developer capacity and proposed

development outcomes as well as the price. The price established through this process will be considered the market value of the

property, and it must be acceptable to the City. The RFP may be developed in consultation with City Council, the City Planning

Commission, and other stakeholders as appropriate.

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Approaches to the Sale of Property The sale of City property is intended to promote the greatest possible active reuse of parcels in the City’s inventory, and will be accomplished through one of the following means:

Note: In accordance with City Ordinance 110848, all properties 10,000 square feet or larger will be subject to public notice posting on the property that will include pertinent information concerning the potential sale and potential buyer. All sales transactions will be made available for public review via the website.

Open and Competitive Market Sales Open Market Sales such as broker listings, the use of the Multiple Listing Service, web sites or other recognized method of advertising may be used to encourage broad participation in the sale of selected properties.

Asking prices may be established using appraisal, competitive market analysis, or Automated Valuation Model (AVM).

Properties will be placed on the market for a duration that will allow for broad engagement by potential buyers.

The City retains its rights to approve or reject the best Qualified Offer, based on clear criteria, including price.

Listed Direct Sales Available properties will be published on a designated City website with an asking price. Individual requests for properties will be accepted and reviewed on an ongoing basis through the Philadelphia Redevelopment Authority.

Qualified Applicants will be allowed to purchase property at the listed price.

When a purchaser offers less than the asking price for a property, or more than one person wishes to purchase the property, the City will use the Open Market Sales approach to obtain the best offer for the property.

Discounted Sales The City may convey a property for a discounted price to support public purposes such as affordable housing, economic development, community development, or side yards. If a property is identified for one of the following uses, the City will evaluate the proposal and property request to determine if the proposed project provides significant, visible community benefits that would merit the proposed reduction in sales proceeds.

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Discounted Sales The following programs qualify for discounted pricing: Affordable Housing Developments that provide affordable housing as defined under federal guidelines may acquire property for a discount. Affordable housing projects do not have to be directly subsidized by the City to qualify for discounted pricing. Preference may be given to affordable and mixed-income housing developments that are consistent with major goals of the City of Philadelphia’s Comprehensive Plan (Philadelphia2035) and other City-approved and accepted plans including providing housing in locations that connect residents directly to a) employment opportunities, b) public transit, and c) basic services. Economic Development Projects Developments that advance the City’s economic development goals as articulated in the City’s Comprehensive Plan (Philadelphia2035) and other City-approved and accepted plans to promote economic development may be eligible for discounted pricing at the discretion of the City. Criteria include but are not limited to:

Leveraging of previous public investments in infrastructure, job creation, and economic development

Catalytic projects with the potential to spur additional private investment in underperforming commercial corridors, neighborhood centers, and areas of regional economic significance as identified in the City’s Comprehensive Plan (Philadelphia2035) and other City-approved and accepted plans Projects that return industrial land to productive use in areas identified as appropriate for industrial development

Projects that share costs or make investments related to significant public improvements, including but not limited to the upgrading of public utilities and the rehabilitation or provision of new public infrastructure;

Community Development Projects A Qualified Bid that proposes significant incremental community benefits may be eligible for discounted pricing at the discretion of the City. Community benefits can include but are not limited to:

Support for existing community facilities or provision of space for new community facilities such as libraries, recreation centers, health centers, computing centers, and playgrounds;

Significant improvements to community infrastructure including the greening of schoolyards or recreation center yards to achieve stormwater management, public recreation, or community gardening goals as identified the City of Philadelphia’s Comprehensive Plan (Philadelphia2035) and other City-approved and accepted plans Creation of new infrastructure or support for existing infrastructure to improve

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safety and mobility for children, seniors, and other pedestrians, including sidewalk improvements, pedestrian plazas, traffic medians, or easements for trails

Self-amortizing Second Mortgage For properties conveyed for a discounted price, a self-amortizing mortgage for the difference between the value and the discounted price will be executed by the purchaser to ensure that if the property is re-sold to another party within a specific time frame, the buyer will not benefit unfairly from the discounted price offered by the City. The Self-Amortizing Mortgage will not require any payments by the purchaser of the property if the property is used in conformance with the originally agreed upon terms for the duration of the mortgage.

The length of the mortgage will be 10 years from the date of purchase

The amount of the obligation will decrease by 10% every year for 10 years

Upon completion of the ten year time frame the City will satisfy the mortgage

If the purchaser wants to sell the property before the 10 year expiration date of the mortgage, the City must receive the amount owed on the mortgage before the mortgage will be satisfied.

The market value may be established through any suitable method at the City’s discretion.

This mortgage may be assumed by heirs and successors to the original purchaser. Community Gardens Community gardens that have a sustained track record of excellent maintenance, broad community involvement and support and financial capacity may be conveyed to an institution that promises to maintain and care for the property for this purpose subject to a right of reversion by the City. A deed restriction will ensure compliance with this goal.

Side Yards

Property may be transferred to individuals for nominal consideration in accordance with the following:

o Must be vacant land adjacent to the applicant’s residential property, with a common boundary line on either side or behind the property.

o Must be located on a block that is predominantly occupied. o In the event that multiple adjacent property owners desire to acquire the same

side lot, the lot may be transferred to the highest bidder for the property, or subdivided upon mutual agreement by both adjoining property owners.

o Maximum combined Lot Value: $15,000 o Maximum combined Lot Size: 3000 sq ft o Associated costs will be paid by the applicant, including all relevant taxes, fees, and

title insurance.

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Eligibility Requirements for Applicants for Side Yards:

The applicant must be the owner of an adjacent property and using that property as his/her primary residence.

An applicant may buy up to two (2) adjacent lots, as long as one of those lots must be adjacent to the applicant’s property.

The applicant must be a Qualified Purchaser, as defined above.

Note: Written notice to adjacent property will be sent via U.S. mail, and/or other such notice, will be given to all adjacent owner-occupants when an application is filed to acquire a side yard. If more than one party is interested in purchasing the property, the City will sell the property to the highest bidder.

Discontinued Programs

At the City’s discretion, property may be conveyed under the terms of discontinued programs for those applicants who applied for and were awarded property under previous program guidelines, and can demonstrate continuous effort and completion of their obligations under the original program terms. Applicants will be subject to the Qualified Purchaser & Bid provisions, in addition to the Ethics provisions of these policies.

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Urban Agriculture The City supports the use of vacant land for urban agriculture that improves the quality of life in the City’s neighborhoods. Individual Garden Licenses An individual garden is defined as a publicly-owned property for which a person is given temporary access to farm or garden and maintains for their personal use. The intent is to provide an interim use for the land to eliminate blight and improve safety until development is possible. The City expects that the majority of individual gardens will be temporary, and the land will still be available for development.

The Individual Garden Agreement (IGA) will last for one year, and may begin and end at any time throughout the year. IGAs are time-limited agreements that both the City and gardener may terminate at any time, with or without cause, upon prior written notice to the other party. The City will use reasonable efforts to avoid terminating the urban garden agreement between April 1 and November 1. IGAs may be renewed annually at the discretion of the City. The City expects that individual gardens will be maintained throughout the term of the IGA. Maintenance standards will be provided in writing to all applicants. Acceptable Uses The gardener may enter and use the property only for the following non-commercial, gardening purposes:

To grow food, flowers, ornamental plants, and other landscaping.

To compost in rodent-resistant containers.

Certain construction improvements as allowed by the City and agreed to in writing.

Community Garden Licenses A community garden is defined as an area managed and maintained by a group of individuals to grow and harvest food crops or non-food crops (such as flowers) for personal or group consumption, for donation, or for sale that is incidental in nature. A community garden area may be divided into separate garden plots or orchard areas for cultivation by one or more individuals or may be farmed collectively by members of the group. A community garden may include common areas (such as hand tool storage sheds) maintained and used by the group. Community gardens may be used for recreational purposes, and improvements to facilitate such purposes may be allowed on a case by case basis upon review by the City and with community support. Community Gardens must be sponsored by a local organization and are eligible for up to five year Community Garden Agreements (CGA), to be administered by the City and may be renewed at the discretion of the City and as authorized by the respective district Councilperson.

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Additional Requirements for Community Gardens:

Secure and maintain insurance acceptable to the City

Provide maintenance plan and description of community benefits / programming

Acceptable Uses The gardeners may enter and use the property only for the following non-commercial, gardening purposes:

To grow food, flowers, ornamental plants, and other landscaping.

To compost in rodent-resistant containers.

Certain construction improvements as allowed by the City and agreed to in writing Market and Community-Supported Farms A market farm is defined as an area managed and maintained by an individual or group of individuals to grow and harvest food crops or non-food crops (such as flowers) for sale or distribution that is not incidental in nature. Lease terms are variable and will be established by the City on an individual basis. Additional Requirements for Market and Community-Supported Farms:

Secure and maintain insurance acceptable to the City

Submit a business plan / feasibility study

Provide the applicable neighborhood/district councilperson letter of support Any additional constructed improvements must meet the terms of the City of Philadelphia’s Zoning Code and must be approved by the City in writing.

Other Uses The City reserves the right to license the use of property for a temporary use such as a community event, pop-up activity, farmers market or other such use. The terms of such a license will be determined on a case by case basis, and may require insurance coverage and other costs.

Citizen-Initiated Tax Sales To facilitate the reuse of privately owned tax delinquent properties, the City will allow citizens to initiate a tax sale proceeding by posting a deposit with the City. When such a deposit is received the City will prioritize and process the subject property for an upcoming tax sale. This deposit will be considered the opening bid at the sale, and will be returned to the individual if that person is not the successful bidder at the sale.

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Ethics Home Rule Charter and Philadelphia Code requirements The City of Philadelphia is committed to ethical and transparent processes for the administration of vacant land. All real estate transactions are governed by City and State laws and rules that generally prohibit, among other things, conflicts of interest, the disclosure of confidential information, and the representation of another by a City official or employee in a transaction with the City. Financial Assistance Any grant, loan, tax incentive, bond financing subsidy for land purchase or otherwise, or other form of assistance that is realized by or provided to a person in the amount of $50,000 or more through the authority or approval of the City, is by law considered Financial Assistance under Chapter 17-1400 of the Philadelphia Code. Financial Assistance recipients must meet eligibility requirements by disclosing their political contributions. Financial Assistance includes the transfer of City property for less than market value. Recipients of Financial Assistance must comply with campaign contribution limits and must disclose campaign contributions for five years after receiving Financial Assistance. They must also disclose solicitations for any reason from any City official. For more information on these requirements, please see www.phila.gov/integrityworks. Any person inside or outside of City government with a concern that the disposition or administration of City property is unethical or violates the City’s Financial Assistance requirements should contact the City’s Chief Integrity Officer at 215.686.2178 or Inspector General at 215.686.1770. The City shall maintain and make available for public review and inspection:

An inventory of real property owned by the City of Philadelphia

A record of all real property conveyed to other parties, including the price for which the property was conveyed, the party to which the property was conveyed, and the use to which the property was/will be put.

Reports shall be prepared and posted for public review on an annual basis.

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http://www.phila.gov/integrityworks

Exhibit B

Case ID: 141101744

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

DOCKET

Docket Number: CP-51-CR-0509927-1991

Court Case

CRIMINAL DOCKET

Page 1 of 9Commonwealth of Pennsylvania

v.

Felton Hayman

CASE INFORMATION

Date Filed: 05/14/1991Judge Assigned: O'Keefe, Joseph D. Initiation Date: 05/14/1991

OTN: M 480044-5 Originating Docket No: MC-51-CR-0410631-1991LOTN:

Initial Issuing Authority: Final Issuing Authority:

Arresting Agency: Philadelphia Pd Arresting Officer: Affiant

Complaint/Incident #:

Case Local Number Type(s) Case Local Number(s)

C9105099278Legacy Docket Number

8935074966Police Incident Number

01000732Legacy Microfilm Number

8935074966District Control Number

RELATED CASES

Related Docket No Related Case Caption Related Court Association Reason

Joined Codefendant Cases

CP-51-CR-0509925-1991 CP-01-51-Crim Joined Codefendant CasesComm. v. Perry, Curtis

CP-51-CR-0509923-1991 CP-01-51-Crim Joined Codefendant CasesComm. v. Coleman, Patrick

CP-51-CR-0509922-1991 CP-01-51-Crim Joined Codefendant CasesComm. v. Maximillian, El

STATUS INFORMATION

Case Status: Closed Arrest Date: 04/10/1991Processing StatusStatus Date

12/03/2010 Completed

07/09/2009 Sentenced/Penalty Imposed

06/05/2009 Awaiting Sentencing

06/05/2009 Awaiting PSI

02/19/1993 Completed

05/14/1991 Migrated Case (Active)

05/14/1991Complaint Date:

CALENDAR EVENTS

Schedule

Status

Judge NameRoomStart

Time

Schedule

Start Date

Case Calendar

Event Type

07/06/2009 9:30 am 304 Judge Joseph D. O'Keefe ScheduledSentencing

DEFENDANT INFORMATION

Date Of Birth: 05/18/1968 City/State/Zip: PHILA., PA 19100

CASE PARTICIPANTS

NameParticipant Type

Defendant Hayman, Felton

CHARGES

Printed: 11/17/2014

Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial

System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed

data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can

only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record

Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.

CPCMS 9082

Case ID: 141101744


DOCKET


Court Case

CRIMINAL DOCKET


v.

Felton Hayman

CHARGES

Seq. Statute DescriptionGrade Statute OTNOffense Dt.Orig Seq.

1 MURDER 18 § 2502 M 480044-508/10/1989 1

2 VOLUNTARY MANSLAUGHTER 18 § 2503 M 480044-508/10/1989 2

3 INVOLUNTARY MANSLAUGHTER 18 § 2504 M 480044-508/10/1989 3

4 CARRYING FIREARMS WITHOUT LICENSE 18 § 6106 M 480044-508/10/1989 4

5 FIREARMS WITHOUT LICENSE-IN AUTO 18 § 6106 M 480044-508/10/1989 5

6 CARRYING FIRE ARMS/PUBLIC STREET

OR PLACE

18 § 6108 M 480044-508/10/1989 6

7 CRIMINAL CONSPIRACY 18 § 903 M 480044-508/10/1989 7

8 POSSESSING INSTRUMENTS OF CRIME 18 § 907 M 480044-508/10/1989 8

9 POSSESSING INSTRUMENTS OF CRIME

WEAPON

18 § 907 M 480044-508/10/1989 9




OR PLACE

18 § 6108 M 480044-508/10/1989 12




WEAPON

18 § 907 M 480044-508/10/1989 15

16 AGGRAVATED ASSAULT 18 § 2702 M 480044-508/10/1989 16

17 SIMPLE ASSAULT 18 § 2701 M 480044-508/10/1989 17

18 AGGRAVATED ASSAULT 18 § 2702 M 480044-508/10/1989 18

19 SIMPLE ASSAULT 18 § 2701 M 480044-508/10/1989 19



WEAPON

18 § 907 M 480044-508/10/1989 21




OR PLACE

18 § 6108 M 480044-508/10/1989 24


26 CORRUPT ORGANIZATIONS 18 § 911 M 480044-508/10/1989 26

DISPOSITION SENTENCING/PENALTIES

Disposition

Disposition Date Final DispositionCase Event

Sequence/Description SectionOffense Disposition Grade

Sentence DateSentencing Judge Credit For Time Served

Incarceration/Diversionary Period Start DateSentence/Diversion Program Type

Sentence Conditions

Printed: 11/17/2014






CPCMS 9082

Case ID: 141101744


DOCKET


Court Case

CRIMINAL DOCKET


v.

Felton Hayman


Disposition





Sentence Conditions

Migrated Disposition

02/19/1993 Final DispositionMigrated Dispositional Event

1 / MURDER Guilty Plea 18 § 2502

O'Keefe, Joseph D. 02/19/1993

Min of 10.00 Years

Max of 20.00 Years

Confinement

Financial Assessments


10 to 20 years 07/06/2009Confinement

Financial Assessments

2 / VOLUNTARY MANSLAUGHTER Not Guilty 18 § 2503



3 / INVOLUNTARY MANSLAUGHTER Nolle Prossed 18 § 2504



4 / CARRYING FIREARMS WITHOUT LICENSE Nolle Prossed 18 § 6106



5 / FIREARMS WITHOUT LICENSE-IN AUTO Nolle Prossed 18 § 6106



6 / CARRYING FIRE ARMS/PUBLIC STREET OR

PLACE

Nolle Prossed 18 § 6108



7 / CRIMINAL CONSPIRACY Guilty Plea 18 § 903


Min of 5.00 Years

Max of 10.00 Years

Confinement


Printed: 11/17/2014






CPCMS 9082

Case ID: 141101744


DOCKET


Court Case

CRIMINAL DOCKET


v.

Felton Hayman


Disposition





Sentence Conditions

Min of 2.00 Years 6.00 Months

Max of 5.00 Years

Other

07/09/2009Confinement

8 / POSSESSING INSTRUMENTS OF CRIME Nolle Prossed 18 § 907



9 / POSSESSING INSTRUMENTS OF CRIME WEAPON Nolle Prossed 18 § 907










PLACE




13 / CRIMINAL CONSPIRACY Nolle Prossed 18 § 903






15 / POSSESSING INSTRUMENTS OF CRIME

WEAPON




16 / AGGRAVATED ASSAULT Guilty Plea 18 § 2702


Printed: 11/17/2014






CPCMS 9082

Case ID: 141101744


DOCKET


Court Case

CRIMINAL DOCKET


v.

Felton Hayman


Disposition





Sentence Conditions

Min of 5.00 Years

Max of 10.00 Years

Confinement



Max of 5.00 Years

2 1/2 - 5 years


17 / SIMPLE ASSAULT Nolle Prossed 18 § 2701



18 / AGGRAVATED ASSAULT Guilty Plea 18 § 2702


Min of 5.00 Years

Max of 10.00 Years

Confinement



Max of 5.00 Years

Other


19 / SIMPLE ASSAULT Guilty Plea 18 § 2701






21 / POSSESSING INSTRUMENTS OF CRIME

WEAPON










Printed: 11/17/2014






CPCMS 9082

Case ID: 141101744


DOCKET


Court Case

CRIMINAL DOCKET


v.

Felton Hayman


Disposition





Sentence Conditions


PLACE




25 / CRIMINAL CONSPIRACY Nolle Prossed 18 § 903



26 / CORRUPT ORGANIZATIONS Proceed to Court (Conviction

Reversed)

18 § 911



Max of 5.00 Years

Confinement


LINKED SENTENCES:

Link 1

CP-51-CR-0509927-1991 - Seq. No. 16 (18§ 2702 §§ ) - Confinement is Consecutive to

CP-51-CR-0509927-1991 - Seq. No. 1 (18§ 2502 §§ ) - Confinement

Link 2

CP-51-CR-0509927-1991 - Seq. No. 18 (18§ 2702 §§ ) - Confinement is Concurrent with


Link 3

CP-51-CR-0509927-1991 - Seq. No. 7 (18§ 903 §§ ) - Confinement is Concurrent with


Printed: 11/17/2014






CPCMS 9082

Case ID: 141101744


DOCKET


Court Case

CRIMINAL DOCKET


v.

Felton Hayman

COMMONWEALTH INFORMATION

Name: Philadelphia County District Attorney's

Office

Prosecutor

Supreme Court No:

Phone Number(s):

215-686-8000 (Phone)

Address:

3 South Penn Square

Philadelphia, PA 19107

ATTORNEY INFORMATION

Name: Mitchell S. Strutin

Court Appointed

025645Supreme Court No:

InactiveRep. Status:

Phone Number(s):

215-567-2726

215-567-2726

215-567-7985

(Phone)

(Phone)

(Fax)

Address:

One Penn Ctr Ste 936

1617 JFK Boulevard

Philadelphia, PA 19103

Representing: Hayman, Felton

ENTRIES

CP Filed DateSequence Number Document Date Filed By

05/14/19911 Unknown Filer

Held for Court

02/19/19931 Migrated, Filer

Migrated Automatic Registry Entry (Disposition) Text


Disposition Filed


Migrated Sentence

06/05/20094 Court of Common Pleas -

Philadelphia County

Hearing Notice

07/09/20091 O'Keefe, Joseph D.

Order - Sentence/Penalty Imposed

re-sentence per court decision. Conviction on count 26 Corrupt Organizations ordered vacated per Federal

Order

07/18/20091 Hayman, Felton

Return Case From Collection Agency - Monies Successfully Collected

Printed: 11/17/2014






CPCMS 9082

Case ID: 141101744


DOCKET


Court Case

CRIMINAL DOCKET


v.

Felton Hayman

ENTRIES

CP Filed DateSequence Number Document Date Filed By


Amended Sentencing Order

AND NOW, this 27th day of October, 2010 after careful review of the court record, and after Finding that the

Defendant was convicted under the Pennsylvania Corrupt Organizations Act (PCOA) for Criminal acts that the

Pennsylvania Supreme Court subsequently ruled were not included within the scope of the statute in effect at the

time of the conviction, it is hereby ORDERED AND DECREED as follows;

1. On Third Degree Murder, sentence remains 10 to 20 years incarceration.

2. On Aggravated Assault and Battery, 2 1/2 to 5 years to run consecutive to Third Degree Murder Bill.

3. On Aggravated Assault, 2 1/2 to 5 years concurrent.

4. On Conspiracy, 2 1/2 to 5 years concurrent.

BY THE COURT:

JOSEPH D. O'KEEFE, J.

11/18/20101 Mozenter, Robert B.

Motion for Reconsideration Nunc Pro Tunc


Order Denying Motion for Reconsideration Nunc Pro Tunc

03/05/20141 Mozenter, Robert B.

Motion for Parole

Motion for Early Termination of Proobation/Parole Pursuant to 42 Pa.C.S.A.§9771

Printed: 11/17/2014






CPCMS 9082

Case ID: 141101744


DOCKET


Court Case

CRIMINAL DOCKET


v.

Felton Hayman

CASE FINANCIAL INFORMATION05/08/2009 Total of Last Payment: -$17.52 Last Payment Date:

Total Non Monetary

Payments

AdjustmentsPaymentsAssessmentHayman, Felton

Defendant

Costs/Fees

$10.00 -$10.00 $0.00 $0.00 $0.00Domestic Violence Compensation (Act

44 of 1988)

$5.00 -$5.00 $0.00 $0.00 $0.00Judicial Computer Project

$2.52 -$2.52 $0.00 $0.00 $0.00Collection Fee (Philadelphia)

$17.52 $0.00$0.00$0.00-$17.52Costs/Fees Totals:

Grand Totals: $17.52 $0.00$0.00$0.00-$17.52

** - Indicates assessment is subrogated

Printed: 11/17/2014






CPCMS 9082

Case ID: 141101744