INDEX NO. 650410/2013 FILED: NEW YORK COUNTY CLERK 02/06/2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/06/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------x MATTHEW R. MAYERS, Plaintiff designates New York County as the place of trial. Plaintiff, SUMMONS WITH NOTICE -against- Index No. STONE CASTLE PARTNERS, LLC, GEORGE SHILOWITZ, JOSHUA S. SIEGEL, CHARLESBANK EQUITY FUND VI, LIMITED PARTNERSHIP, CHARLESBANK EQUITY COINVESTMENT FUND VI, LIMITED PARTNERSHIP, CHARLESBANK COINVESTMENT PARTNERS, LIMITED PARTNERSHIP, CB-SC ACQUISITION, INC., CB-SC II, INC., and CIBC CAPITAL CORPORATION, Defendants. --------------------------------------------------------------------x Date Index No. purchased February _,2013 The basis for venue is defendant's residence and pursuant to agreement. Plaintiff resides at 7 Whippoorwill Lane Armonk, New York To the Above-Named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorneys within twenty days after the service of this summons, exclusive of the date of service (or within thirty days after service is complete if this summons is not personally delivered to you within the State of New York); and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York February 6, 2013 JAFFE & ASHER LLP Marshall T. Potashner, Esq. Attorneys for Plaintiff MATTHEW R. MAYERS 600 Third Avenue, 9th Floor New York, New York (212) 687-3000 Defendants' addresses: Stone Castle Partners. LLC 152 West 5ih Street, "35 th Floor New York, New York 10019 George Shilowitz 14 East 68 th Street New York, New York 10021 Joshua S. Siegel 650 West End Avenue, Apt. 8C New York, New York 10025 Charlesbank Equity Fund VI, Limited Partnership c/o Charlesbank Capital Partners, LLC 200 Clarendon Street, 54 th Floor Boston, Massachusetts 02116 Charles bank Equity Coinvestment Fund VI, Limited Partnership c/o Charlesbank Capital Partners, LLC 200 Clarendon Street, 54th Floor Boston, Massachusetts 02116 Charlesbank Coinvestment Partners, Limited Partnership c/o Charlesbank Capital Partners, LLC 200 Clarendon Street, 54 th Floor Boston, Massachusetts 02116 CB-SC Acquisition, Inc. c/o Charlesbank Capital Partners, LLC 200 Clarendon Street, 54th Floor Boston, Massachusetts 02116 CB-SC II, Inc. c/o Charlesbank Capital Partners, LLC 200 Clarendon Street, 54th Floor Boston, Massachusetts 02116 CIBC Capital Corporation 425 Lexington Avenue New York, New York 100017 NOTICE- The nature of this action is for breach of the Fifth Amended and Restated Limited Liability Company Agreement, dated as of May 17, 2012, among the members of Stone Castle Partners, LLC, and for breach of the Agreement between Matthew Mayers and George Shilowitz, dated as of December 31, 2009. The relief sought is monetary damages in the sum of $7,000,000. Upon your failure to appear, judgment will be taken again you by default for the sum of $7,000,000, with interest from January 29, 2013, and the costs of this action. 2