Docket #4362 Date Filed: 12/16/2009

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: MERVYNS HOLDINGS, LLC, et al., Debtors. ) ) ) ) ) Chapter 11 Case No. 08-11586(KG) Jointly Administered

NOTICE OF APPEARANCE AND REQUEST FOR NOTICE PLEASE TAKE NOTICE that KONE, Inc. (KONE"), through its counsel James H. Gordon, Esq. and pursuant to 102(1), 342 and 1109(b) of Title 11 of the United States Bankruptcy Code (the "Bankruptcy Code") and Bankruptcy Rule 9010(b), hereby requests that all copies of notices and pleadings given as required by Bankruptcy Rules 2002, 3017, 9001, and 9010 be served at the following addresses: James H. Gordon, Esq. Gordon Law Firm Co., LPA Fifth Third Center 21 E. State Street, Suite 1700 Columbus, OH 43215 (614)228-0888/Phone (614)228-0850/Fax Email: jgordon@rrcol.com PLEASE TAKE FURTHER NOTICE that, pursuant to 1109(b) of the Bankruptcy Code, the foregoing demand includes not only the notices and papers referred to in the rules specified above, but also includes, without limitation, notices of any application, complaint, demand, hearing, motion, petition, pleading, or request, whether formal or informal, whether written or oral, and whether transmitted or conveyed by mail, delivery, telephone, telegraph, telex, telecopy or otherwise filed with regard to the above-referenced bankruptcy proceeding. In addition, KONE requests that its counsel be added to the master mailing list in this 1

0q/v),0 #3 0811586091216000000000003

case. Neither this Notice of Appearance nor any subsequent appearance, pleading, claim, proof of claim, document, suit, motion, nor any other writing or conduct shall constitute a waiver of KONEs: 1. Right to have any final orders in any and all non-court matters entered only after de novo review by United States District Court Judge; 2. Right to trial by jury in any proceeding as to any and all matters so triable herein, whether or not the same be designated legal or private rights, or lack of designation of such matters as "core proceedings pursuant to 28 U.S.C. 157(b), and whether such jury trial right is pursuant to statute or to the United States Constitution; 3. Right to have the reference of this matter withdrawn by the United States District Court in any matter or proceeding subject to mandatory or discretionary withdrawal; and 4. Other rights, claims, actions, defenses, set-offs, recoupments, or other matters to which this party is entitled under any agreements at law or in equity or under the United States Constitution. All of the above rights are expressly reserved and preserved unto KONE without exception and with no purpose of confessing or conceding jurisdiction in any way by this filing or by any other participation in these matters. DATED this 16th day of December, 2009. Respectfully submitted,

/s/ James H. Gordon James H. Gordon Ohio Atty. Reg. 0017155 Gordon Law Firm Co., LPA Fifth Third Center 21 E. State Street, Suite 1700 Columbus, OH 43215 (614) 228-0888 (614) 228-0850/Fax E-mail: jgordon@rrcol.com Case Attorney for KONE, Inc. 2

CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the 16th day of December, 2009, a true and correct copy of the foregoing Notice of Appearance and Request for Notice was served electronically upon all parties which receive electronic notification in these proceedings.

/s/ James H. Gordon James H. Gordon (0017155) Case Attorney for KONE, Inc.