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HomeMy WebLinkAbout10-0312[ C2 FLED-4u; rv: FELT i ^'C+'ARY Stanley J. A. Laskowski, Esquire O THE Attorney I.D. # 37422 2010 JAN 12 Ate 9: ? 7 Caldwell & Kearns, P.C. 3631 North Front Street CUM 4uITY Harrisburg, PA 17110-1533' (717) 232-7661 (717) 232-2766 (fax) Attorney for McNa ton Properties, L.P. MCNAUGHTON PROPERTIES, L.P., : IN THE COURT OF COMMON PLEAS By MidPenn Properties, Inc., its General Partner CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. : No. to - 31a 0'ivt ( --Lor r" HENSLEY BROADCASTING, INC., CIVIL ACTION - LAW Defendant. : IN EJECTMENT NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court you 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone No. (800) 990-9108 ?qa . co p b Aml C?? 5345?f Stanley J. A. Laskowski, Esquire Attorney I.D. # 37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (fax) Attorney for McNaushton Properties L.P. MCNAUGHTON PROPERTIES, L.P., IN THE COURT OF COMMON PLEAS By MidPenn Properties, Inc., its General Partner CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. HENSLEY BROADCASTING, INC., Defendant. . No. CIVIL ACTION - LAW IN EJECTMENT AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m& adelante en las siguientes paginas, debe tomar acci6n dentro de los proximos veinte (20) dias despu6s de la notificaci6n de esta Demand y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone No. (800) 990-9108 Stanley J. A. Laskowski, Esquire Attorney I.D. # 37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (fax) Attorney for McNaushton Properties L.P. MCNAUGHTON PROPERTIES, L.P., : IN THE COURT OF COMMON PLEAS By MidPenn Properties, Inc., its General Partner CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, ; V. HENSLEY BROADCASTING, INC., Defendant. . No. ICS - 311 cw % I . CIVIL ACTION - LAW : IN EJECTMENT COMPLAINT AND NOW, comes Plaintiff, McNaughton Properties, L.P., by MidPenn Properties, Inc., its General Partner, by and through its attorneys, Caldwell & Kearns, P.C., and files the following Complaint in Ejectment against Defendant, Hensley Broadcasting, Inc. and in support thereof avers the following: Plaintiff, McNaughton Properties, L.P., is a Pennsylvania limited partnership, with its principal place of business at 4400 Deer Path Road, Suite 201, Harrisburg, Pennsylvania, 17110. 2. Defendant, Hensley Broadcasting, Inc. is a Pennsylvania corporation, with its principal place of business at 8 West Main Street, Shiremanstown, Pennsylvania, 17011. 3. Plaintiff is a tenant-in-common owner of title in fee simple and entitled to possession of all that certain property consisting of approximately thirteen (13) acres of unimproved land located at 831 East Winding Hill Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter the "Property"). 4. The abstract of title and material relevant to Plaintiff's claims and the subject Property is as follows: A. Plaintiff, McNaughton Properties, L.P., acquired fee simple title of the subject Property, being part of the same premises which Patsy Hertzler, as Executrix of the Estate of Dale B. Failor, Grantor, by Deed dated January 30, 2007, and recorded on January 31, 2007, at Record Book 278, Page 3090, at the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, granted and conveyed to Plaintiff as tenant-in-common with MidPenn Estates, a Pennsylvania general partnership. A corrective Deed with respect to the subject property dated July 5, 2007, was also recorded July 16, 2007, from aforesaid Grantor to Plaintiff, McNaughton Properties, L.P., at Record Book 280, Page 4820, at the Recorder of Deeds Office in and for Cumberland County, Pennsylvania. B. The subject Property being part of the same premises which E. Allen Turnbaugh and Blance W. Turnbaugh, his wife, by their deed dated April 1, 1954, and recorded at the Recorder of Deeds Office in and for Cumberland County, at Deed Book "R", Volume 15, Page 171, granted and conveyed to Dale B. Failor and Catherine E. Failor, his wife; whereupon the said Catherine E. Failor died November 30, 1992, vesting title in Dale B. Failor. The said Dale B. Failor died May 7, 1996, and Letters Testamentary were issued to said Patsy A. Hertzler by the Register of Wills of Cumberland County at No. 21-96-0413. COUNTI POSSESSION 5. Plaintiff incorporates herein by reference paragraphs 1 through 4 hereof the same as though set forth at length. 6. On or about October 15, 1987, Plaintiff's predecessors in title entered into a Commercial Lease Agreement with Hensley Broadcasting Association, L.P., a limited partnership, for lease of the subject Property to construct a radio broadcasting tower and transmission facility (hereinafter "Lease'). 2 A true and correct copy of said Lease is attached hereto marked as Exhibit "A" and incorporated herein by reference. 7. Upon execution of the Lease, the Property was and remains improved by the construction of a radio broadcasting tower being approximately three hundred fifty (350) feet in height, together with a one-story equipment building being approximately fifteen (15) feet by twenty (20) feet in area and enclosed by a fence. 8. Defendant, Hensley Broadcasting, Inc., is the successor in interest and title from Hensley Broadcasting Associates, a limited partnership, Carl C. Kuehn, II, General Partner, and current lessee in possession of the subject Property inclusive of the transmission facilities thereon as well as being the licensee and operator of Station WWII, 720 AM, also known as THE ROCK. 9. Plaintiff acquired title to this Property subject to the terms of the Lease. 10. Upon expiration of the original ten (10) year Lease term on October 14, 1997, said Lease was subsequently renewed by agreement of the parties' predecessors in title as provided by the Lease terms with the last Addendum and extension of the Lease being agreed upon by and between Plaintiff and Defendant dated January 13, 2009, for a period of one (1) year commencing October 15, 2008, and terminating on October 14, 2009. A true and correct copy of the Amendment to Lease dated January 13, 2009, is attached hereto marked as Exhibit "B" and incorporated herein by reference. 11. Both Plaintiff and Defendant are respectively successors in interest to the original Lease agreement dated October 15, 1987, and the terms and conditions thereof. 12. Pursuant to the January 13, 2009, Lease Amendment, payment in full in the total amount of Sixteen Thousand Two Hundred Three Dollars ($16,203.00) for the one (1) year Lease term, including access to the Property over a private lane upon the remainder of Plaintiff's Property, was to be made by Defendant to Plaintiff on or before January 31, 2009. 13. Lessee failed to make payment in full of all amounts due by January 31, 2009, as provided in the Lease Amendment; and, on the contrary, Defendant unilaterally made installment payments to Plaintiff prior to October 14, 2009, in the total amount of Twelve Thousand Dollars ($12,000.00) toward the total Lease amount owed which payments were accepted by Plaintiff. 14. A balance remains due and owing by Defendant to Plaintiff for the Lease term ending October 14, 2009, in the amount of Four Thousand Two Hundred Three Dollars ($4,203.00). 15. Defendant has failed, despite prior notice and demand on or about November 10, 2009, to pay to Plaintiff the amount of Four Thousand Two Hundred Three Dollars ($4,203.00) for the Lease term and is in breach of the Lease. 16. Despite Defendant's breach and termination of the Lease Agreement for the subject Property, Defendant remains in possession of the Property and continues its use thereof as a broadcasting transmission facility. 17. Paragraph 6 of the Lease states: "Lessors agree to give good faith consideration to any reasonable and appropriate offers made by lessee to negotiate an extension of the ten (10) year Lease term. Any renewal will be strictly as the result of negotiations There will be no automatic renewal by merely holding over. Lessee shall be required to give Lessors written notice of intent to negotiate a new lease or written notice of a lack of desire to negotiate a new lease at least six (6) months prior to the lease's termination date." (Emphasis added.) 18. No agreement to extend or renew the Lease for any term beyond October 14, 2009, has been entered into between Plaintiff and Defendant. 19. Defendant retains the subject Property and has failed or refused to terminate and return its possession to Plaintiff. 20. Plaintiff is entitled to immediate and exclusive possession of the Property. 21. Paragraph 8(b) of the Lease states: 4 "At the expiration of the term and at the option of Lessors, it shall be Lessee's responsibility to restore the demised premises to a condition comparable to that which existed at the commencement of the term. This restoration shall be completed before the end of the term and Lessee will pay any costs or expenses promptly and directly to whomever Lessee hired to do so and Lessee will present copies of proofs of such payment directly to Lessors so that they may maintain them for their own records and protection." 22. Pursuant to the Lease Plaintiff is entitled to removal of the radio broadcasting tower, equipment, structure, fence and related improvements made by Defendant to the Property, which Defendant has failed or refused to remove. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment for possession and an order against Defendant, Hensley Broadcasing, Inc. directing: A. The permanent removal of the radio broadcasting tower, equipment, structure, fence and related improvements from the Property and authorizing such removal by Plaintiff; B. Exclusive and rightful possession of the entire subject leased Property be returned to Plaintiff; and C. Defendant be permanently enjoined from further entry upon or use of the subject Property pursuant to the Lease. COUNT U RENT, PROFITS AND OTHER DAMAGES 23. Plaintiff incorporates herein by reference paragraphs 1 through 22 hereof the same as though set forth at length. 24. Plaintiff claims damages in the amount of Four Thousand Two Hundred Three Dollars ($4,203.00) for Defendant's failure to pay in full the agreed rental for the period of October 15, 2008, to October 14, 2009. 5 25. The fair rental value of the premises is the total annual rental received on the Lease of Sixteen Thousand Two Hundred Three Dollars ($16,203.00) per annum. 26. Plaintiff claims damages for Defendant's unlawful detention and use of the premises in the amount of Two Thousand Eight Hundred Eighty-Five and 46/100 Dollars ($2,885.46) from October 15, 2009, to December 18, 2009, and a pro-rated per diem amount of the annual rental thereafter at a rate of Forty-Four and 39/100 Dollars ($44.39) per day up to and including the time of trial. 27. As a result of Defendant's failure to remove the broadcasting tower, equipment, structure, fence and related improvements, including restoration of the premises to a condition comparable to that which existed at or about the time of commencement of the Lease, Plaintiff claims damages in the amount of $12,244.00 for cost of removal of all of Lessee's improvements and restoration of the Property to its prior condition. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment against Defendants in the amount of Nineteen Thousand Three Hundred Thirty-Two and 46/100 dollars ($19,332.46) plus any additional rents, up to and including the time of trial, for Defendant's continued use and occupancy of the Property, together with the costs and expense resulting from this proceeding, and any other relief this Honorable Court deems proper and just. Dated: /- 7-i0 06317-020/157283 Respectfully tted, By:? Stanley J. A askowski, Esquire Attorney I.D. #37422 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff, McNaughton Properties, L.P., by MidPenn Properties, Inc., its General Partner 6 VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S § 4904 relating to unsworn falsification to authorities. McNaughton Properties, L.P. Dated: W~W"Wltl e"- Zo/O By: Francis C. McNaugh on, President MidPenn Properties, Inc., its General Partner ?Xkj c COMMERCIAL LEASE THIS COMMERCIAL LEASE, made this day of Octch?r. A.D. 1987, between DALE B. FAILOP. and CATHERINE E. FnILOP., his wife, of 831 East Winding Hill Road, Mechanicsburg, Pennsylvania (hereinafter referred to as "LESSORS"), and HENSLEY BRO*a*DCAST'I1JG :SSOCIATES, a limited partnership, being represented by general partner, Carl C. Kuehn, II, of 100 South Stoner Avenue, Shiremanstown, Pennsylvania (hereinafter referred to as "LESSEE"),* NOTICE: THIS LEASE REPLACES n1-1D SUPERCEDES PREVIOUS LEASE FOR TEN (10) ACRES OF GROU14D 'AT THE SAME SITE AND EXECUTED BY THE SAME PARTIES 011 OR ABOUT OCTOBER 15, 1986. 1. WITNESSETH, that the Lessors, for and in consideration of the rents and covenants hereinafter mentioned do demise and lease unto Lessee, to be used as site for construction of one broadcast tower and one building not to exceed fifteen (15) feet by twenty (20) feet transmission facility only and to contain no studios, the premises situate in the County of Cumberland and Commonwealth of Pennsylvania, described as follows, to slit: Approximately thirteen (13) acres of unimproved land now used as crop land at 831 East Winding Hill Road, Mechanicsburg, Pennsylvania. 2. TO H„VE AND TO HOLD unto the Lessee, subieAt to the conditions hereof, for the term beginnina on the ;V(Iv day of dG;aPoe^ A.D. 1987, and ending on the ? y OG'o6e?, A.D. 1997. da f of 3. IN CONSIDERATION WHEREOF, the Lessee agrees to pay the Lessors for the use of said prenises, at the rate of Sixteen Thousand Three (S16,003.00) Dollars per year based on One Thousand Two Hundred Thirty-one (51,231.00) Dollars per acre fcr the thirteen (13) acres. Said Sixteen Thousand Three (S16.003.00) Dollars for the first year shall be and shall be paid at the time of pall in advance thereafter the Sixteen Thousand Three ng(S1this 61003L00)eDollarshshall be paid on the anniversary date. 4. LESSEE AGREES to pay any increase in which directly result from an increase in the valuprpety taxes eootrthe land which is brought about by the construction of the broadcast tower and related improvements. Lessee would not be assesses increases which are merely part of a general over-a d for any millage rates. This clause is bas l ed on the assumption that the raise property taxes based on these improvements, would cooperate and make the bases for the increase known to both parties hereto. In the event such cooperation is not forthcoming from the Township, the parties hereto agree to act in good faith and to attempt to ascertain by a reasonable mathematical formula the amount of increase which results from the aforesaid improvements, 5. LESSORS aqree not to construct any outbuildings or silos or the like within a three hundred fifty (350) feet radius of the tower. Should any presently planted crops or crops to be planted in the future be destroyed before harvest, either because of the construction or maintenance of the facilities.. Lesser will pay market value for destroyed crops. LESSORS no longer retain the right to farn? the rower site because wires are too close to permit doing so in a practical or safe manner. Rather, this said area shall be sown EDCHIBIT "A's -1- in grass by Lessors at Lessee's expense. After said area has been sown in grass, Lessors will keep such area mowed for hay, this to be done at no cost to Lessee. However, should Lessors be unable for reasons associated with physical decline or any other reason, to continue to mow such ,grass, then new arrangements shall be :Wade to have such grass mowed but in no event shall Lessors bear the expense for such new mowing arrangements. 6. LESSORS AGREE to give good faith consideration to any reasonable and appropriate offers made by Lessee to negotiate an extension of the ten (10) year lease term. Any renewal will be strictly as the result of negotiations. There will be no automatic renewal by merely holding over. Lessee shall be required to give Lessors written notice of intent to negotiate a new lease or written notice of a lack of desire to negotiate a new lease at least six (6) months prior to the lease's termination date. 7. SHOULD the F.C.C. (Federal Communications commission) require that the proposed transmission site be Changed, the lease will automatically terminate twelve (12) months after site transfer. 8. THE DEMISE HEREIN CONTAINED is made and accepted on the following express conditions. a. Should Lessee remove, prepare to remove, or attempt to remove from the premises hereby leased before the expiration of the term or during continuances thereof, or should Lessee be in default in the payment of any installment of rent for a peiod of fifteen (15) days, or should there be a default in any ofrthe ccvenants or conditions herein contained, then in that event, rent for the balance of the term immediately shall become due and payable and shall be collectible by distraint or by any other method available to Lessors. b. At the expiration of the term and.at the option of Lessors, it shall be Lessee's responsibility to restore the demised premises to a condition comparable to that which existed at the commencement of the term. co^ipleted before the This restoration shall be end of the term and Lessee will pay any costs or expenses promptly and directly to whomever Lessee hired to do so and Lessee will present co directly to Lessors so that they may maintain them for their own protection. C. Lessors shall not be liable to Lessee for damaqes sustained by reason of Lessors' ; of the demised premises on the failure to give Lessee possession possession shall be wrongfullywibeginni thheldnb date of the term unless Y Lessors. d. Lessee shall not carry on any unlawful or immoral business in or about the demised premises. e. Lessee agrees to pay all bills which may red for light, heat, power, or other public utilities ser be vic ienscuurs by Lessee on the demised s responsible for the failure orprdimunition Lofsthe shall not be ed said utilities services, pply of any f• Lessee agrees to keep the condition of repair, to remove all refuse fromemises in a aced often as need be. the premises as g• In the event of the filing of a petition in bankruptcy, whether voluntary or involuntary, Lessee, rent for the balance of the term shall immediatsr against due aLd collectible and in addition, Less ly became forthwith to terminate the Lease. Lessors shall have the right • For the purpose of said -2- termination, written notice to Lessee, or the Trustee or Referee in Bankruptcy, giving five (5) days' notice of intent to terminate, shall be sufficient notice. h. The Prothonotary or any attorney of any Court of Record of Pennsylvania is hereby authorized to appear for and to confess a judqment against the Lessee and in favor of the said Lessors or their heirs, executors, administrators, successors. and assigns for the whole amount of said rent as hereinbefore set forth and fifteen (15%) percent attorney's commission. i. Upon the breach of any of the covenants or agreements of this Lease or upon its termination by forfeiture, default or expiration the Prothonotary or any attorney as aforesaid is hereby authorized to appear for and to confess judgment in an amicable action of ejectment against the said Lessee and in favor of the said Lessors or their heirs, executors, administrators, successors and assigns for the premises herein described, and to direct the immediate issuing of a writ or habere farias possessionem with clause of fiFri facias for costs, waivina and releaseina all defects and errors, and waiving all rights of stay and of appeal, without notice and without asking leave of court. j. Lessee hereby accepts notice to quit, remove from, and surrender up possession of the demised premises to the Lessors at the expiration of the term, whenever* it may be determined, whether by forfeiture or otherwise, without any further notice to that effect, all further notice being hereby waived. On failure to pay rent for a period • of fifteen (15) days, Lessee shall be construed a non-tenant. subiect to dispossession by Lessors, without further notice or r-rc-cess of law, with release of error and of damages; and Lessors may also utilize the remedy of distraint, may re-enter the premises, may evict the Lessee and shall in no case be construed a trespasser for so doing, Lessee hereby waives the benefit of all exemption laws of this Commonwealth that now are in force or may hereafter be in force, whether Lessors proceed against him by distraint, by suit or by action in ejectment, and Lessee further waives the benefit of stay of execution, inquisition, extension, and all errors, in all proceedings aris?inq out of this Lease. 9. LESSEE agrees to indemnify and to hold harmless Lessors for any and all costs, legal fees, charges, and expenses which might arise 'against Lessors for damages or injuries to third parties as a result of Lessee's use or occupation of the land aforesaid. Lessee agrees to carry its own general liability insurance upon the site and to have a clause in its policy to protect both the Lessors and Lessee, a copy of said policy and proof of prompt and timely renewal thereof shall be furnished to Lessors for their records and protection upon the renewal date of each policy extension. In addition to the above-cited consideration. Lessee will also pay an additional sum of Two Hundred (5200.00) Dollars each year in advance, at the time of payment of the other abc.ve- cited consideration, for the use of a farm lane across Lessors' lands which runs from East Windinq Hill Road and along the boundary line of lands currently of Pearl Smith. The right to use said lane shall terminate along with the other ri;:hts of Lessee under the lease herein. 10. IT IS expressly understood by the parties that the whole agreement is embodied in this agreement and that no part or item is omitted. 11. THE USE of the singular herein shall include the plural, and the use of the masculine gender shall include the feminine whenever applicable. -3- G COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. On this, the I\S-14 day of October, A.D. 1987 AILre me, the undersigned officer, personally appeared . Fbefo and CATHERINE E. FAILOP,, his wife, known tome(or DALE satisfactorily proven) to be the persons ?atis,. within Commercial Lease, andhacknowledgedathatsthey a;re cut to the same for the purposes therein contained. y uted the IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public ` KTAI " 6?et;w?rorb?:r5, F.1 .. ? ?•.r f;, cat COMMONWEALTH OF PEINSYLVANIA: COUNTY OF CUMBERLAND SS. On this, the ??`•?? ' me, the undersigned officer, ' day of October, A.D. 1987, before tl , who acknorilt.•3-e ' personally appeared CARL C. KUEHta, 9.RBROADCASTING ASSOCIATEhimself to be a general partner of such pawner, , a limited partnershi HEItS1'ar General bein , and that c_ ioreaoinq Commercial Lease for thet hori2Cdto?i3 so, e;:e•cutEd r.h? signing the same, by himself asp9znal era pear therein cot?tainEd by partner. seal. IN WITNESS WHEREOF, I hereunto set my hand and official cial Notary Public Wy Ccrrri.?:ci .! 12. IT IS the intention of the parties hereto to be legally bound by this Lease. The provisions hereof shall also be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. WITNESS the hands and seals of the parties, the day and year first above written. WITNESS: ice: •----(SEAL) DALE B. FAILOR U -Y A •rn ,1iTj (SEAL) CATHERI14E E. FAILOR HENSLEY BROADCASTIN ASSOCIATES By ga-4, i (. (SEAL) CARL C. KU HH, II -4- 1 4 ,C,,k)L j '9 0 „ r e w • McNAUGHTON PROPERTIES, L.P. 4400 DEER PATH ROAD SUITE 201 HARRISBURG, PENNSYLVANIA 17110 (717) 234-4000 FAX (717) 234-2000 January 13, 2009 (Hand Delivered) Joseph L. Green, President Hensley Broadcasting, Inc. 8 West Main Street Shiremanstown, Pennsylvania 17011 Dear Mr. Green: RE: Amendment to Lease Time Extension of Radio Tower Site Upper Allen Township Thank you for giving to us the opportunity to be of continued service and for your extension of the lease. This document is to serve as the third amendment to the lease, dated October 15, 1987, for use of the Radio Tower site in Upper Allen Township. This lease extension modification is to cover a twelve (12) month period to commence on October 15, 2008 and shall run through October 14, 2009. The annual rental rate for the one (1) year extension period shall be Sixteen Thousand Three Dollars and Zero Cents ($16,003.00) for the Radio Tower site and Two Hundred Dollars ($200.00) per annum for the use of the farm land across Lessor's lands for a total of Sixteen Thousand Two Hundred Three Dollars ($16,203.00). The annual rental amount of Sixteen Thousand Two Hundred Three dollars is to be paid with the approval of the one (1) year time extension and not later than January 31, 2009. It is agreed and understood that all other terms and conditions of the base lease would remain in effect and be given full force as if reexecuted by the parties. Yours truly, McNAUGHTON PROPERTIES, L.P. Francis C. McNa ghton We have reviewed and understand the modifications to the lease set forth above. The changes as proposed satisfy our needs and are hereby agreed to. In witness herein, Landlord and Tenant sign this third amendment to the lease. LANDLORD: McNAUGHTON PROPERTIES, L.P. ?/? j{ TITLE: DATE: TENANT: JOSEPH L. GREEN, PRESIDENT HENSLEY BROADCASTING, INC., SUCCESSOR IN TITLE FROM HENSLEY BROADCASTING ASSOCIATES, A LIMITED PARTNERSHIP - CARL C. KUEHN, II, GENERAL PARTNER BY: L it---- 'TITLE: e-5; DATE: ?? ?' 9 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson nLEC 'G"rl` r Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ., h 2010 JA-N 19 A?I 9: 36 chief' ?, ? Y ?a r i? l J, McNaughton Properties, LP vs. Hensley Broadcasting, Inc. Case Number 2010-312 SHERIFF'S RETURN OF SERVICE 01/14/2010 03:20 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 14, 2010 at 1520 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Hensley Broadcasting, Inc., by making known unto Jeanie Scott, Secretary at 8 West Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 January 15, 2010 SO ANSWERS, Y R ANDERSON, SHERIFF Deputy Sheriff Stanley J. A. Laskowski, Esquire Attorney I.D. #37422 Caldwell & Kearns, P.C. 3631 North Front Street ?If _, K'H FES 25 F I ,: 09 CL; Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (fax) Attorney for McNaughton Properties, L.P. MCNAUGHTON PROPERTIES, L.P., IN THE COURT OF COMMON PLEAS By MidPenn Properties, Inc,, its General Partner CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. No. 10-312 HENSLEY BROADCASTING, INC., CIVIL ACTION - LAW Defendant. IN EJECTMENT PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter judgment in favor of McNaughton Properties, L.P., by MidPenn Properties, Inc., its General Partner, and against Hensley Broadcasting, Inc., for Defendant's failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within twenty (20) days from the date of service thereof, and also Defendant's failure to respond within ten (10) days of notice issued pursuant to Pa. R.C.P. 237.1. The undersigned hereby certifies that written notice of intention to file this Praecipe was mailed to the Defendant against whom judgment is to be entered, after default occurred and at least ten (10) days prior to the filing of this Praecipe. A true and correct copy of the Notice is attached hereto as Exhibit "A", together with the original Certificate of Mailing U.S. Postal Service Form 3817. Judgment shall be as set forth in Plaintiff's Complaint for: A. Possession of the property known as and located at 831 East Winding Hill Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania; and .014,00 PO ATry?-1 "Wty T) 4,14-Do PIN A "fYy(pe%M[ ) C0151'119od cyG Sg331 eT# amobq aa 8 0(0 9 l.?rkec, ?locFec/ B. Damages assessed in the amount of Twenty-Two Thousand Two Hundred Seventeen and 81/100 Dollars ($22,217.81) as follows: Amount claimed in Plaintiff s Complaint to 12/18/2009 $19,332.46 Amount claimed in Plaintiff s Complaint at $44.39 per diem 12/19/2009 to 02/22/2010 $ 2,885.35 Total $22,217.81 plus interest and costs Resp tfully submitted, Dated: February 22, 2010 By: Stanley J. Laskowski, Esquire Attorney I.D. #37422 CALDWELL & KEARNS, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff, McNaughton Properties, L.P., by MidPenn Properties, Inc., its General Partner 06317-020/159509 2 CERTIFICATE OF SERVICE AND NOW, this 22 Id day of February 2010, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Joseph L. Green, President Hensley Broadcasting, Inc. 8 W. Main Street Shiremanstown, PA 17011 CALDWELL & KEARNS l By: ?X?"b?? MCNAUGHTON PROPERTIES, L.P., By MidPenn Properties, Inc., its General Partner Plaintiffs, V. HENSLEY BROADCASTING, INC., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10-312 CIVIL ACTION - LAW IN EJECTMENT IMPORTANT NOTICE TO: Joseph L. Green, President Hensley Broadcasting, Inc. 8 W. Main Street Shiremanstown, PA 17011 Date of Notice: February 8, 2010 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, (JO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 800-990-9108 Respectfully submitted, '-?j Dated: February 8, 2010 By: Stanley J. A. skowski, Esquire Attorney I.D. #37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 159009 Attorney for Plaintiff, McNaughton Properties, L.P. MCNAUGHTON PROPERTIES, L.P., By MidPenn Properties, Inc., its General Partner Plaintiffs, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10-312 HENSLEY BROADCASTING, INC., CIVIL ACTION - LAW Defendant. IN EJECTMENT AVISO IMPORTANTE A: Joseph L. Hensley, Presidente, Defendido Hensley Broadcasting, Inc. FECHA DEL AVISO: February 8, 2010 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 800-990-9108 Respectfully submitted, Dated: February 8, 2010 BY: Stanley J. A. L skowski, Esquire Attorney I.D. #37422 CALDWELL & KEARNS, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff, McNaughton Properties, L.P. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: A ?a5ko?s ?s? .C pa 11110 One piece of ordinary mail addressed to: R 7'v h L.Gr>oeh r 'r ??` _ ?J ?Mc Q ?USpSf 17011 c54Ln~f rt' Yl r: r ? c c ;StVtTFf) m' s N? I O o??w O O 0 m 00 VIV 0 00 Q 4! PS Form 3017, January 2UOt Stanley J.A. Laskowski, Esquire Attorney I.D. No. 37422 CALDWELL & KEARNS, P.C. 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Plaintiff, McNaughton Properties, L.P. MCNAUGHTON PROPERTIES, L.P., IN THE COURT OF COMMON PLEAS By MidPenn Properties, Inc., its General Partner CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. No. 10-312 HENSLEY BROADCASTING, INC., CIVIL ACTION - LAW Defendant. IN EJECTMENT RULE 236 NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE Pursuant to requirements of Pennsylvania Civil Procedure Rule 236, you are notified that there was entered in this office today, in the above-captioned case: X Judgment of $22,217.81 for Plaintiff and against Defendant. Judgment for Defendant(s) and against Plaintiff(s) - Judgment of Non Pros Decree in Divorce Date: a 0 Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Joseph L. Green, President Hensley Broadcasting, Inc. 8 W. Main Street Shiremanstown, PA 17011 IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY: Stanley J. A. Laskowski, Esquire At this telephone number: (717) 232-7661 06317-020/159562 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~otcy~'rp qt 4u+ul~rr~t~lb ;~, -~_ ~FiICE .,F THE ,rEftiFF r~ ~i=. ~~ TrtE~~~iG'~TARY ,~ Jody S Smith Chief Deputy Edward L Schorpp Solicitor YOl O MAR 25 PM 2~ ~ ~ CUI,~~w~ ~=wt~s~U ~.OU~€tY t~~N~vSYI.VANlA McNaughton Properties, LP V5. Hensley Broadcasting, Inc. Case Number 2010-312 SHERIFF'S RETURN OF SERVICE 03/19/2010 03:56 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2010 at 1556 hours, she served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Hensley Broadcasting, Inc., by making known unto Jeanie Scott, Secretary, at 8 West Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SO ANSWERS, March 24, 2010 RON R ANDERSON, SHERIFF `1 ~ ~ Amanda Cobaugh, D uty (c) CaurttySuite Sheriff, Telc~osoft. Inr.. ` ' ~ ~ SHERIFF'S OFFICE OF CUMBERLAND CC~~.~VTY , ~~ _ Ronny RAnderson '~ ~~F~i '~,1., Sheriff ~~~x~~r of ~ un~brt/~~~ 2 e~ 1 ~ ~~ t~ ~ ' E`~ .:~ ~ ~ .~ Jody SSmith - z ~ Chief Deputy ~' ~'~''~ (,r^` ~~~' ~ '~~ 3'33 f~'1 }~i':.t~ Mil ~.: '`i.~`yT/'~ Richard W Stewart C;_~ f ;,%~.~ f Solicitor oF~r~s car T"~ s~ER"rr McNaughton Properties, LP vs. Hensley Broadcasting, Inc. Case Number 2010-312 SHERIFF'S RETURN OF SERVICE 03/19/2010 03:56 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2010 at 1556 hours, she served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Hensley Broadcasting, Inc., by making known unto Jeanie Scott, Secretary, at 8 West Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of possession is returned STAYED, per request from plaintifFs attorney. SHERIFF COST: $53.94 SO ANSWERS, August 02, 2010 RON R ANDERSON, SHERIFF B Sharon R. Lantz a ,oD poi • ~- (c) CountySuite Sheriff, TeleosoR, Inc. ~-~ f / 7 ~/ ,~ a~~ Sri Stanley J. A. Laskowski, Esquire Attorney I.D. #37422 Caldwell & Kearns, P.C. 3631 North Front Street Gi ~~~1~ ~~~-~'~ ~~ ti ~B1~1 OC 6 --~ Pik 2~ ~~ :k~r~'d~i:~eE.f~r`~7 CO'tJ~~T'~ Harrisburg, PA 17110-1533 c~~~lS~l..`d~"'=~I4 ~` (717) 232-7661 (717) 232-2766 (fax) Attorney for McNau ton Properties L P MCNAUGHTON PROPERTIES, L.P., IN THE COURT OF COMMON PLEAS By MidPenn Properties, Inc., its General Partner CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, . ~. No. 10-312 HENSLEY BROADCASTING, INC., CIVIL ACTION -LAW Defendant. IN EJECTMENT PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the Judgment and Docket in the above-referenced matter satisfied. Respectfully submitted, / Dated: October ~of 2010 By: ~'-C. A u'^-~'"J'~~~ Stanley J. A. askowski, Esquire Attorney I.D. #37422 CALDWELL & KEARNS, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff, McNaughton Properties, L.P., by MidPenn Properties, Inc., its General Partner 06317-020/168160 ~ ~ ~Q °'~ •~~ g c~ ~°~ a~'~ f CERTIFICATE OF SERVICE AND NOW, this ~ day of October 2010, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the L1.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Joseph L. Green, President Hensley Broadcasting, Inc. 8 W. Main Street Shiremanstown, PA 17011 CALDWELL & KEARNS e.