HomeMy WebLinkAbout11-3851.
BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP
By: Raymond H. Lemisch (Pa. I.D. No. 43343)
Jennifer E. Smith (Pa. I.D. No. 210032)
One Liberty Place
1650 Market Street, Suite 3628
Philadelphia, PA 19103 Attorneys for Plaintiff, WP Pennsylvania,
Telephone: 267-299-2947 LLC
Facsimile: 267-299-2949
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WP PENNSYLVANIA, LLC,
530 9th Avenue,
Kirkland, WA 98033
Plaintiff,
V.
HENSLEY BROADCASTING, INC., a
Pennsylvania corporation,
8 West Main Street,
Shiremanstown, PA 17011
Defendant.
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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 are 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 before 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 this
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
Pd-#9V-M Wn?- wt-i
4[' #dgWV
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOUR 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 OF NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. Bedford Street
Carlisle, Pennsylvania
Telephone: (717) 249-3166
BENESCH, FRIEDLANDER, COPLAN
& ARONOFF LLP
Dated: April,, 2011
Raymo H. Lemisch (Pa. I.D. No. 43343)
Jennifer E. Smith (Pa. I.D. No. 210032)
One Liberty Place
1650 Market Street, Suite 3628
Philadelphia PA 19103
(267) 207-2947
Attorneys for the Plaintiff, WP Pennsylvania, LLC
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BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP
By: Raymond H. Lemisch (Pa. I.D. No. 43343)
Jennifer E. Smith (Pa. I.D. No. 210032)
One Liberty Place
1650 Market Street, Suite 3628
Philadelphia, PA 19103 Attorneys for Plaintiff, WP Pennsylvania,
Telephone: 267-299-2947 LLC
Facsimile: 267-299-2949
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WP PENNSYLVANIA, LLC,
530 9th Avenue,
Kirkland, WA 98033
Plaintiff,
V.
No.
HENSLEY BROADCASTING, INC., a
Pennsylvania corporation,
8 West Main Street,
Shiremanstown, PA 17011
Defendant.
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff WP Pennsylvania, LLC, acting by and through its undersigned counsel,
hereby files this Complaint in Mortgage Foreclosure, pursuant to Pa. R. Civ. P. 1141-1150, and,
in support thereof, avers as follows:
Parties
1. Plaintiff WP Pennsylvania, LLC ("Plaintiff'), is a Washington limited liability
corporation having a principal place of business at 530 9th Avenue, Kirkland, WA 98033.
2. Defendant Hensley Broadcasting, Inc. ("Defendant") is a Pennsylvania
corporation, having a principal place of business at 8 West Main Street, Shiremanstown, PA
17011.
Jurisdiction and Venue
3. The Court has jurisdiction over this action in mortgage foreclosure. The
procedure governing actions in mortgage foreclosure is set forth Pa. R. C. P. 1141, et seq. Venue
is proper in this Court because the real property that is the subject of this action is located in
Cumberland County, Pennsylvania.
Facts
4. On or around June 15, 2007, WP Media Lending made a loan (the "Loan") to
Defendant in the original principal amount of $675,000.00.
5. In connection with the Loan, Defendant made, executed and delivered a
promissory note in the original principal face amount of $675,000.00. Under the terms of the
promissory note, Defendant promised to repay the Loan by making the required payments of
interest and principal due thereunder.
6. As security for the Loan and future advances, Defendant mortgaged the real
property located at 8 West Main Street, Shiremanstown, Pennsylvania 17011 (the "Mortgaged
Premises") by that certain written Open-End Mortgage (the "Mortgage") dated June 15, 2007, a
true and correct copy of which is annexed hereto as Exhibit A and incorporated herein by
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reference in its entirety. A true and correct copy of the legal description of the Mortgaged
Premises is annexed hereto as Exhibit B and incorporated herein by reference in its entirety.
7. The Mortgage was duly recorded on June 18, 2007 with the Recorder of Deeds of
Cumberland County, at Book 1996, Pages 435 to 451.
8. On December 31, 2007 Defendant and WP Media Lending, LLC entered into that
certain First Amendment to Borrowing Agreement, which was further amended by that certain
Second Amendment to Borrowing Agreement dated September 15, 2008, which was in turn
amended by that certain Forbearance and Third Modification Agreement dated March 23, 2010
(the "Forbearance Agreement")
9. In connection with the Forbearance Agreement, on March 23, 2010 Defendant
made, executed and delivered that certain Third Replacement Promissory Note (the "Note") in
the principal face amount of $771,000.00, a true and correct copy of which is attached hereto as
Exhibit C and incorporated by reference in its entirety.
10. The Mortgage was assigned to Plaintiff by that certain written Assignment of
Open-End Mortgage (the "Assignment"), executed on June 24, 2010, a true and correct copy of
which is annexed hereto as Exhibit D and incorporated herein by reference in its entirety.
11. The Assignment was duly recorded on December 16, 2010 with the Recorder of
Deeds of Cumberland County.
12. The Note was assigned to Plaintiff by that certain Assignment of Loan
Documents, a true and correct copy of which is annexed hereto as Exhibit E and incorporated by
reference in its entirety.
13. The Mortgage provides, among other things, that "[t]he mortgagor shall
punctually pay, or cause to be paid, the Indebtedness, and at the time and times and in the
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manner as provided in and by the Loan Documents, and shall perform all other agreements and
provisions hereof and thereof, and pay when due all other obligations and debts hereby secured."
(Ex. B, ¶ 3.)
14. The Mortgage further provides that "[t]he Mortgagor will duly and promptly pay
and discharge, or cause to be paid and discharged, as the same shall become due and payable and
before they become delinquent, all taxes, water and sewer rents, assessments and other
governmental charges ...." (Ex. B, ¶ 3.)
15. Defendant is in default under the Note and the Mortgage because Defendant has
failed to make the payments required under the Note and Mortgage, whereby the whole balance
of principal and all interest due thereon have become due and payable forthwith together with
costs of collection and reasonable attorneys' fees.
16. None of the principal due under the Note, totaling $771,000.000, has been paid as
of date of the filing of this Complaint.
17. Defendant failed and refused to pay the amounts due under the Note as and when
due and is therefore in default under the Mortgage.
18. Despite demand, Defendant has failed to cure any of the defaults under the Note
and the Mortgage.
19. The written "Notice of Intention to Foreclose" referred to in Act 6 of 1974 (41
P.S. §§101-605) is not required because the original principal amount of the Mortgage exceeds
$50,000.
20. The written "Notice of the Possible Availability of Emergency Homeowners'
Mortgage Assistance" referred to in Act 91 of 1983 (35 P.S. §§1680.401c-1680.409c) is not
required because the underlying Loan was a business loan and not a consumer loan, the
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Mortgaged Property is not Defendants' principal residence, and the amount in arrears incurred
exceed $60,000.
21. As a result of Defendant's default, Lender is entitled to immediate entry of
judgment in mortgage foreclosure in the amount of $771,000.00, plus interest accruing from and
after March 23, 2010.
WHEREFORE, Plaintiff WP Pennsylvania, LLC demands that the Court: (i)
enter judgment against Defendant Hensley Broadcasting, Inc. for foreclosure and sale of the
Mortgaged Property in the amount of not less than $771,000.00, plus interest at the applicable
rate accruing from and after March 23, 2010 and through the date of judgment, reasonable
attorneys' fees, and costs of suit, together with interest accruing at the applicable judgment rate
in effect from and after the date of judgment and additional attorneys' fees hereafter incurred;
and (ii) grant such other and further relief as the Court deems just and proper under the
circumstances.
BENESCH, FRIEDLANDER, COPLAN
& ARONOFF LLPZ?)
Dated: April ?A, 2011
Raymohd H. Lemisch (Pa. I.D. No. 43343)
Jennifer E. Smith (Pa. I.D. No. 210032)
One Liberty Place
1650 Market Street, Suite 3628
Philadelphia PA 19103
(267) 207-2947
Attorneys for Plaintiff, WP Pennsylvania, LLC
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VERIFICATION
I, David Westburg, subject to the penalties of 18 Pa. C.S.A §4904 relating to
unsworn falsification to authorities, hereby verify the following:
(a) I am a President of WP Pennsylvania, LLC, and I am authorized to act on behalf
of Plaintiff in this civil action;
(b) the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true
and correct to the best of my personal knowledge, information and belief; and
(c) the exhibits annexed to the foregoing Complaint in Mortgage Foreclosure are true
and correct copies of the originals.
J
Date: April 2011
David Westburg
President, WP Pennsyly ia, LLC
Exhibit A
Open-End Mortgage
'1_ ;
Prepared By,
Jumcs A. Pennev
WP Media i..cntling, LLC
:+32 - 9'h A% enue
Kirkland, WA 98033
206-972-6943
Return To:
James A. 1'cnnev
WI' Media I_rnding, l_t.C
532 - 9'h Avenue
Kirkland, WA 08033
206-972-6943
Property 437-23-055i-030
Address: 8 West Main Street, Borough of Shiremanstown, County of Cumberland, Pennsylvania
OPEN-END MORTGAGE
(This Mortgage secures future advances)
THIS INDENTURE made this LIE_ day of Jul , 2007, and e#fective as of
b 2007 (the "Effiective Datbetween HENSLEY BROADCASTING, INC., a
Pennsylvania corporation (the "Mort gagor") and WP MEDIA LENDING, L t.C, a Washington
limited liability company ("WP Medi
DEFINITIONS AND BACKGROUND
1. When used herein the following wards and phrases shall have the following
meanings:
"Co-Borrowers" means Mortgagor and Joseph I.. Green, Jr., jointly and severally.
-Improvements" means the building and infrastructure improvements on the Premises,
whether now existing or hereafter constructed.
"Indebtedness" means the principal amount of the loan, the interest payable on the Loan,
and all other sums due to W1' Media under the loan Documents.
"Loan" means the loan made by WP Media to Co-Borrowers in the principal amount of
Six Hundred Seventy Five "Thousand Dollars ($675,000.00) and any future advances.
8 K190, ?[P') 35
"Loan Agreement" means the Borrowing Agreement dated June I, 2007, by and among
WP Media and the Co-Borrowers and any modifications, amendments, renewals, replacements or
supplements to such Borrowing Agreement.
"Loan Documents" means the Loan Agreement, the Note, the Assignment, the Security
Agreement, the Financing Statements, the Pledge Agreement, the Irrevocable Stock Powers, this
Mortgage. Co-Borrowers' Authorization to Pre.-file UCC Financing Statement, any other document,
certificate or instrument executed in connection with the Loan, and any modifications, amendments,
renewals, replacements or supplements to any of the foregoing.
`.Note:" means the $75,000.00 promissory note dated June 1, 2007. given by the
Mortgagor to the Sellers as evidence of their obligation to repay the Loan and any modifications,
amendments, renewals, replacements or supplements to such promissory note.
"Premises" means a tract of land in Borough of Shiremanstown, Cumberland County.
Pennsylvania, more fully described on Exhibit A, which is attached hereto and hereby
incorporated by reference thereto, together with all and singular the buildings and improvements
erected or to be erected thereon, streets, alleys, passages, ways, waters, watercourses, rights,
liberties, privileges, hercditaments and appurtenances whatsoever, thereunto belonging or in
anywise appertaining, and the reversions and remainders and rents, issues and profits thereof,
"-- includine all income arising therefrom and all insurance proceeds and proceeds of condemnation
awards.
"Sellers" means Carl C. Kuehn, 11, Nancy D. Kuehn and the Estate of M. Dean Lebo.
"Sellers' Morteate" means the mortgage on the Premises held by the Sellers dated
15 .'M07, securing a loan in the original principal amount of $75.000.00.
"Station" means the assets and business of radio station WWII-AM.
2. The Mortgagor has acquired or is acquiring as of the date hereof legal title to the
Premises, upon which the Mortgagor will operate the Station. The obligation to repay the Loan
is evidenced by the Note and the other Loan Documents.
NOW, 'I'll EREFOR E.TI-I IS INDENTURE WITNESSETI-I, that the Mortgagor in
consideration of the Loan and to secure the payment of the Indebtedness and the performance of
all other provisions of the Loan Documents, intending to be legally bound by these presents.
8K190j c_j1-i '`6
1 1 ?
does hereby grant, bargain, sell, convey, release, alien, confirm and assign unto WP Media, its
successors and assigns, the Premises.
TO HAVE AND TO HOLD the Premises hereby granted or mentioned and intended so
to be unto WP Media, its successors and assigns, to and for the use and behalf of WP Media, its
successors and assigns forever.
PROVIDED, HOWEVER, that if there shall be and is paid WP Media the Indebtedness
on the date and in the manner provided in the Loan Documents, and all the other covenants and
promises herein and therein contained are kept by the particular parties subject thereto, then and
from thenceforth this Mortgage and the estate hereby created, granted, transferred and assigned
shall be void, but otherwise shall remain in full force and effect.
AND THE MORTGAGOR HEREBY FURTHER REPRESENTS, COVENANTS AND
AGREES AS FOLLOWS:
1. The Mortgagor has good, valid and marketable title to the Premises. The
Mortgagor has the right, full power and lawful authority to grant, bargain, sell, convey, assign,
transfer, mortgage, pledge, set over and confirm the same to WP Media in the manner and form
herein done. The Premises are free and clear of all liens and encumbrances except those of
record which have been previously disclosed in writing to WP Media. This Mortgage is and
shall be senior in lien and in payment to the Sellers' Mortgage, which will be junior and
subordinate in all respects to this Mortgage and the rights of WP Media hereunder. The
Mortgagor will warrant and defend the rights and title of WP Media to all of the Premises
against all claims, including without limitation any claims arising under or by virtue of the
Sellers' Mortgage.
2. The Mortgagor will immediately do or cause to be done from time to time all
things necessary to maintain and preserve its corporate existence, rights, franchises and
privileges and will duly observe, conform, obey and comply with or will cause due observation,
conformance, obedience and compliance with all requirements of any court or governmental
authority relative to the Premises.
3. The Mortgagor shall duly and punctually pay, or cause to be paid, the
Indebtedness, and at the time and times and in the manner as provided in and by the Loan
Documents, and shall perform all other agreements and provisions hereof and thereof, and pay
when due all other obligations and debts hereby secured. The Mortgagor shall duly and
punctually pay, or cause to be paid, all amounts secured by the Sellers' Mortgage and shall duly
3
6K 1996 Guy?37
and punctually perform or cause to be performed all obligations in accordance with the terms of
the Sellers' Mortgage, the indebtedness secured thereby and any other obligations undertaken in
connection therewith.
4. The Mortgagor will duly and promptly pay and discharge, or cause to be paid and
discharged, as the same shall become due and payable and before they become delinquent, all
taxes, water and sewer rents, assessments and other governmental charges, levied or assessed or
imposed upon or against the property mortgaged hereby or upon the rents, issues, income and
profits therefrom so as to prevent the same from becoming or being an enforceable lien or claim
against the property mortgaged hereby. Upon request, the Mortgagor will furnish, or will cause
to be furnished to WP Media, not less than fifteen (15) days prior to the date on which payment
of the same would become delinquent, receipts or other evidence satisfactory to WP Media of
the payment of all such taxes, rates, assessments and other governmental charges.
5. The Mortgagor shall comply with the following insurance requirements:
(a) The Mortgagor shall provide, or cause to be provided, to WP Media, a
certificate of the following insurance policies:
(i) Real Property or Building Coverage. The Mortgagor shall keep, or
cause to be kept, all buildings and improvements now or hereafter erected upon
the Premises insured for the benefit of WP Media under an all-risk hazard
insurance policy covering physical loss or damage including fire and extended
coverage, collapse, liquid damage, flood (to the extent required below),
earthquake and comprehensive boiler/machinery coverage (if applicable), written
on a replacement cost basis in an amount not less than the full insurable value of
the property mortgaged hereby (excluding, on fire and extended coverage only,
foundations and other parts below the surface of the lowest floor), as determined,
upon request of WP Media, not more than once annually by an appraiser or rating
bureau satisfactory to WP Media. WP Media shall be listed as a mortgagee on the
policy in a standard mortgagee clause with the understanding that any obligation
imposed upon Mortgagor (including without limitation, the liability to pay
premiums) shall be the sole obligation of Mortgagor and not that of WP Media.
All coverage shall be written with a valid agreed amount endorsement and in a
sufficient amount to prevent any coinsurance penalty.
(ii) General Liability Coverage. The Mortgagor shall maintain, or cause
4
BK 1996FGG436
to be maintained, general liability insurance, in an amount not less than
v $1,000,000, which policy shall include coverage of all buildings and
improvements now or hereafter erected upon the Premises.
(iii) Flood Insurance. The Mortgagor shall secure, or cause to be secured,
such certificates from public officials as are available for the purpose or otherwise
demonstrate to the satisfaction of WP Media that the Premises is not located
within an area identified by the Federal Emergency Management Agency as
having "special flood hazards," as such term is used in the National Flood
Insurance Act of 1968, as amended and supplemented by The Flood Disaster
Protection Act of 1973, and in regulations, interpretations and rulings thereunder
or in a zoned flood plain or flood hazard area as determined by local findings,
determinations, ordinances, regulations or rulings, and if located therein, the
Mortgagor shall secure the amount of flood insurance required by WP Media in
its discretion and demonstrate payment of all premiums due therefor. WP Media
shall be listed as a mortgagee on the policy in a standard mortgagee clause with
the understanding that any obligation imposed upon Mortgagor (including
without limitation, the liability to pay premiums) shall be the sole obligation of
Mortgagor and not that of WP Media
(iv) Worker's Compensation Insurance. While this Mortgage is in effect,
the Mortgagor shall also maintain, or cause to be maintained, worker's
compensation insurance (containing a stop gap endorsement) in amounts
satisfactory to WP Media.
(b) With respect to all insurance maintained pursuant to this Section 5, such
policies shall be endorsed to provide that:
0) the insurers thereunder waive all rights of subrogation against WP
Media, any right of set-off and counterclaim and any other right to deduction
whether by attachment or otherwise;
(ii) such insurance is primary without right of contribution of any other
insurance carried by or on behalf of WP Media; and
(iii) if such insurance is cancelled by the insurer for any reason
whatsoever (including without limitation, nonpayment of premium) or any
substantial change is made in the coverage that affects the interests of WP Media,
5
OK 199GPGGY39
such cancellation or substantial change is not to be effective as to WP Media until
thirty (30) days after receipt by WP Media of notice sent to WP Media as
specified in the Loan Agreement.
(c) WP Media shall receive copies of all of said certificates upon the execution of
this Mortgage and upon each renewal, expansion or modification thereof, together with a
current Acord 28 Evidence of Property Insurance Certificate.
(d) All insurance policies described in this Section 5 shall be written by
insurance companies licensed to do business within the Commonwealth of Pennsylvania
and satisfactory to WP Media.
(e) Each year until the Loan is paid in full, (i) the Mortgagor shall prepay, or
cause to be prepaid, the premiums for a full year of all such insurance, at least thirty (30)
days before such premiums are due; and (ii) the Mortgagor shall deliver to WP Media, or
cause to be delivered, at least thirty (30) days before such premiums are due, evidence of
payment of such premiums together with certificates of such insurance and copies of a
current Acord Evidence of Property Insurance Certificate.
(f) Any modification of any of the above-listed insurance policies must be
approved by WP Media in writing prior to the effective date of such modification.
(g) The Mortgagor shall cause each insurer or broker to advise WP Media
promptly in writing of any default in the payment of any premiums or any other act or
omission on the part of Mortgagor or any contractor of Mortgagor which might invalidate
or render unenforceable, in whole or part, any insurance provided hereunder. WP Media,
at its sole option, may obtain such insurance if not provided by Mortgagor, and in such
event, Mortgagor shall reimburse WP Media upon demand for the cost thereof, together
with interest from the date of payment of the premiums by WP Media to the date on
which Mortgagor repays such premiums, at the rate provided in Section 14 hereof. Upon
the occurrence and continuance of an Event of Default, all proceeds payable from any
property and casualty insurance policy described above which are payable to Mortgagor
shall be paid to WP Media, without the consent of Mortgagor.
(h) The Mortgagor expressly consents and agrees to the following:
(i) WP Media may settle all claims under all such policies except
worker's compensation and may demand, receive and receipt for all moneys
becoming payable thereunder. The proceeds under any policy shall be paid by the
BK1996PUG U440
insurer to Mortgagor and WP Media as their interests may appear, and WP Media
in its discretion may apply the amount so collected toward the payment of the
Indebtedness or toward the alteration, reconstruction, repair or restoration of the
damaged portion of the Premises or any portion thereof.
(ii) With respect to all insurance maintained pursuant to this Section S,
the interests of WP Media are not invalidated by any action or inaction of
Mortgagor or any other natural or artificial person and WP Media is insured
regardless of any breach or violation by Mortgagor or any other person of any
warranties, declarations or conditions contained in such policies.
6. The Mortgagor shall keep, or cause to be kept, the Premises and improvements
thereon in good condition and repair and shall not remove, demolish or materially alter the
buildings or improvements on the Premises nor commit or suffer waste with respect thereto. The
Mortgagor shall maintain, or cause to be maintained, the Premises in compliance with all
applicable governmental requirements. In the event of damage to the Premises caused by fire or
other casualty or condemnation, the Mortgagor shall restore the Premises to the condition it was
in prior to the occurrence of such damage, and shall further comply with any additional
requirements imposed by law, required by insurance, or otherwise required, applicable to the
Premises subsequent to such restoration. The Mortgagor shall permit WP Media's agents at any
reasonable time, and from time to time, to enter upon the Premises and the buildings and
improvements constructed thereon for the purpose of inspecting and appraising the same. While
the Mortgage is outstanding and unpaid, neither the Mortgagor nor its successors shall take or
permit any action with respect to the property mortgaged hereby which will in any manner
impair WP Media's security under this Mortgage, including but not limited to the creation of any
additional debt secured by the Premises, nor shall they, without the prior written approval of WP
Media, convey, transfer, encumber, hypothecate, lease or otherwise dispose of the Premises.
7. If WP Media retains the services of counsel in order to cure any default under this
Mortgage or any of the Loan Documents, reasonable attorneys' fees shall be payable by the
Mortgagor to WP Media and shall be secured hereby. The Mortgagor shall also pay all costs in
connection with the satisfaction of this Mortgage of record.
8. The occurrence of an Event of Default as defined in the Loan Agreement shall
constitute an "Event of Default" hereunder. Upon the occurrence of any such Event of Default,
at the option of WP Media: (a) the entire unpaid balance of the Indebtedness shall become due
SKI996PG044I
and payable immediately, without further notice to the Mortgagor, and shall be recoverable by
WP Media immediately or at any time or times thereafter, without stay of execution or other
process; (b) WP Media may take immediate possession of the Premises as provided hereunder;
and (c) WP Media may immediately exercise any and all other rights and remedies provided in
this Mortgage and in the Loan Documents, or which may be available to WP Media, and all such
rights and remedies shall be cumulative and concurrent and may be pursued singly, successively
or together in WP Media's sole discretion, and may be exercised from time to time and as often
as an occasion, or occasions, therefor shall occur until the Indebtedness hereby secured is paid in
full.
10. If WP Media shall take possession of the Premises as provided hereunder, WP
Media may in its sole discretion: (a) hold, manage, operate and lease the same to the Mortgagor
or any other person or persons, on such terms and for such periods of time as WP Media may
deem appropriate and the provisions of any lease made by WP Media pursuant hereto shall be
valid and binding upon the Mortgagor notwithstanding the fact that WP Media's right of
possession may terminate or this Mortgage may be satisfied of record prior to the expiration of
the term of such lease; (b) make such alterations, additions, improvements, renovations, repairs
and replacements thereto as WP Media may deem proper; (c) remodel such improvements so as
U to make the same available in whole or in part for other industrial purposes; and (d) collect the
rents, issues and profits arising from the Premises, past due and thereafter becoming due, and
apply the same, in such order of priority as WP Media may determine, to the payment of all
charges and commissions incidental to the collection of rents and the management of the
Premises and all other sums or charges required to be paid by the Mortgagor hereunder. In
addition to the payment of such charges and commissions, WP Media shall be entitled to retain
not less than fifteen percent (I 501c) of such rents, issues and profits in payment for the services of
WP Media. All moneys advanced by WP Media for the purposes aforesaid and not repaid out of
the rents collected shall immediately and without demand be repaid by the Mortgagor to WP
Media, together with interest thereon at the rate of fifteen percent (15%) per annum, and shall be
added to the principal of the Indebtedness and be secured by this Mortgage. The production of a
receipt by WP Media shall be conclusive proof of a payment or advance authorized hereby, and
the amount and validity thereof. The taking of possession and collection of rents by WP Media
as aforesaid shall not be construed to be an affirmation of any lease of the Premises or any part
thereof, and WP Media or any other purchaser at any foreclosure sale may, if otherwise entitled
BK 1996PGO442
to do so, exercise the right to terminate any such lease as though such taking of possession and
collection of rents had not occurred.
11. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF
AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE
MORTGAGOR. EXCEPT AS SPECIFICALLY PROVIDED HEREIN. IN GRANTING THIS
WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE MORTGAGOR
THE MORTGAGOR HEREBY KNOWINGLY INTENTIONALLY AND VOLUNTARILY
AND. ON THE ADVICE OF THE SEPARATE COUNSEL OF THE MORTGAGOR;
UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE MORTGAGOR HAS OR
MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE
RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE
COMMONWEALTH OF PENNSYLVANIA.
IN CASE OF ANY EVENT OF DEFAULT HEREUNDER WHICH REMAINS
UNCURED THIRTY QQ) DAYS AFTER WRITTEN NOTICE THEREOF IS GIVEN BY WP
MEDIA TO THE MORTGAGOR (OF WHICH AN AFFIDAVIT ON BEHALF OF WP
MEDIA SHALL BE SUFFICIENT EVIDENCE). THEN AND IN ANY SUCH EVENT
MORTGAGOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY
ATTORNEY OF ANY COURT OF RECORD TO APPEAR AS ATTORNEY FOR THE
MORTGAGOR AND ALL PERSONS CLAIMING UNDER OR THROUGH THE
MORTGAGOR IN ANY ACTION OF EJECTMENT AND TO CONFESS JUDGMENT
THEREIN AGAINST THE MORTGAGOR AND ALL PERSONS CLAIMING UNDER OR
THROUGH THE MORTGAGOR IN FAVOR OF WP MEDIA MMR-E SON A WRIT FOR
POSSESSION MAY IMMEDIATELY ISSUE FOR THE POSSESSION OF THE PREMISES
WITHOUT ANY PRIOR COMPLAINT WRIT OR PROCEEDING WHATSOEVER AND
FOR SO DOING THIS MORTGAGE- OR A COPY HEREOF VERIFIED BY AFFIDAVIT
SHALL BE A SUFFICIENT WARRANT THIS POWER MAY BE EXERCISED AS OFTEN
AS WP MEDIA SHALL REQUIRE AND SHALL NOT BE EXHAUSTED BY ONE OR
MORE OR BY ANY IMPERFECT EXERCISE THEREOF=
IF MORTGAGOR WISHES TO CHALLENGE ANY JUDGMENT
CONFESSED PURSUANT TO THIS SECTION IT SHALL DO SO ONLY BY FILING A
PETITION STRIKE OR TO OPEN THE JUDGMENT PURSUANT TO PENNSYLVANIA
RULES OF CIVIL PROCEDURE RULE 2959, AS IN EFFECT FROM TIME TO TIME
BKI996PGO443'
("RULE 2959"), AND SHALL NOT OTHERWISE INTERFERE (BY FILING ANY CIVIL
ACTION. BILL IN EQUITY. OR OTHERWISE) WITH THE OPERATION OF THE
JUDGMENT GRANTED PURSUANT TO THIS SECTION. MORTGAGOR EXPRESSLY
ACKNOWLEDGES THAT THE PROCEDURE AVAILABLE TO IT THROUGH RULE 2959
WILL PROVIDE IT WITH A FULL AND FAIR OPPORTUNITY TO BE HEARD AS TO
ANY REASON WHY JUDGMENT SHOULD NOT BE ENTERED AGAINST IT
IF FOR ANY REASON AFTER SUCH ACTION HAS BEEN COMMENCED
THE SAME SHALL BE DISCONITNUED OR POSSESSION OF THE PREMISES SHALL
REMAIN IN OR BE RESTORED TO THE MORTGAGOR WP MEDIA SHALL HAVE THE
RIGHT FOR THE SAME DEFAULT OR ANY SUBSEQUENT DEFAULT TO CONFESS
JUDGMENT IN AN ACTION IN EJECTMENT AS ABOVE PROVIDED TO RECOVER
POSSESSION OF THE PREMISES. WP MEDIA MAY CONFESS JUDGMENT IN AN
ACTION IN EJECTMENT BEFORE OR AFTER JUDGMENT ON THIS MORTGAGE OR
AFTER A SALE OF THE PREMISES BY THE SHERIFF IF AFTER EXECUTION AND
RETURN OF THE WRIT OF POSSESSION THE MORTGAGOR SHALL RE-ENTER INTO
POSSESSION OF THE PREMISES WP MEDIA SHALL HAVE THE RIGHT WITHIN
THREE (3) YEARS AFTER THE DATE OF RETURN OF THE ORIGINAL WRIT OF
U POSSESSION. TO FILE ADDITIONAL PRAECIPES AND AFFIDAVITS FOR NEW WRITS
OF POSSESSION TO BE ISSUED BY THE PROTHONOTARY BASED UPON THE SAME
JUDGMENT.
THE MORTGAGOR ACKNOWLEDGES THAT IT UNDERSTANDS THE
MORANNO AND EFFECT F THE CONFESSION CONTAINED IN THE FOREGOING
PARAGRAPH. SPECIFICALLY THE MORTGAGOR UNDERSTANDS AMONG OTHER
THINGS THAT (1) IT IS RELINOUIS ING THE RIGHT TO HAVE NOTICE EXCEPT AS
PROVIDED HEREIN. AN OPPORTUNITY TO BE HEARD AND THE RIGHT TO HAVE
THE BURDEN OF PROOF OF DEFAULT REST ON WP MEDIA PRIOR TO THE ENTRY
OF JUDGMENT. (2) THE ENTRY OF JUDGMENT MAY RESULT IN A LIEN ON ITS
PROPERTY, /3) IT WILL BEAR THE BURDEN AND EXPENSE OF ATTACKING THE
JUDGMENT AND CHALLENGING E F UTION ON THE LIEN AND SALE OF THE
PROPERTY COVERED THEREBY AND (4) ENOUGH OF ITS PROPERTY MAY BE
TAKEN TO PAY THE PRINCIPAL AMOUNT INTEREST COSTS AND ATTORNEY'S
FEES.
U
10
8KI996PGO444
12. The Mortgagor waives the right of inquisition on any property levied upon under
a judgment obtained in proceedings to collect the Indebtedness hereby secured or in proceedings
on this Mortgage, and further waives and releases any and all benefits that may accrue to the
Mortgagor by virtue of any law relating to appraisements, stay of execution or exemption of the
Premises from levy or sale under execution, now or hereafter in force. A foreclosure sale shall
constitute a foreclosure sale of all equity whatsoever of the Mortgagor in the Premises and WP
Media shall, if it is the purchaser at the sale, hold the Premises and any part thereof so purchased
free of any equity of redemption by reason of any circumstances whatsoever and not as collateral
for any obligation.
13. No extension or-indulgence granted to the Mortgagor, and no alteration, change or
modification of the Note consented or agreed to by WP Media, and no other act or omission of
WP Media, including the taking of additional security or the release of any security, or the
waiver by WP Media or failure by WP Media to enforce any provision of any of the Loan
Documents or to declare a default with respect thereto, shall constitute a release of the lien and
obligation of this Mortgage or be interposed as a defense against the enforcement of this
Mortgage, or operate as a waiver of any subsequent defaults or otherwise affect the right of WP
Media to exercise all rights or remedies stipulated herein and in any of the Loan Documents,
except an act of WP Media which constitutes an express, effective, written release and
satisfaction of the Note.
14. In the event of any failure to pay or cause to be paid all amounts due under any
indebtedness secured by the Premises, or any taxes, water and sewer rents, charges, claims,
assessments, assessments for public improvements, liens or encumbrances or to furnish and pay
for the insurance required hereunder, or to keep the Premises in good condition and repair, or to
pay any other amount required to be paid by any person under any of the Loan Documents, WP
Media may, at its option, pay any or all such items together with penalties and interest thereon,
and procure and pay for such insurance and repairs; and WP Media may at any time and from
time to time advance such additional sum or sums as WP Media in its sole discretion may deem
necessary to protect the security of this Mortgage. All such sums so paid or advanced by WP
Media shall immediately and without demand be secured hereby and be repaid by the Mortgagor
to WP Media, together with interest thereon at the default rate specified in the Note from the date
of demand, and shall be added to the principal of the Indebtedness and be secured by this
Mortgage and the Loan Documents. The production of a receipt by WP Media shall be
I1
6K 1996PGO445
conclusive proof of a payment or advance authorized hereby, and the amount and validity
thereof.
15. All covenants, stipulations and agreements contained in this Mortgage by or on
behalf of the Mortgagor shall be binding upon its successors in title or interest and its assigns,
whether so expressed or not.
16. This Mortgage may be amended only with the written consent of the Mortgagor
and WP Media.
17. Notice to the Mortgagor under the Note or this Mortgage shall be deemed
sufficient if given in accordance with the terms of the Loan Agreement.
18. The provisions of this Mortgage are severable. In the event of the
unenforceability or invalidity of any one or more of the terms, covenants, conditions or
provisions of this Mortgage under federal, state or other applicable law, such unenforceability or
invalidity shall not render any other of the terms, covenants, conditions or provisions hereof
unenforceable or invalid. In the event any waiver by Mortgagor hereunder is prohibited by law,
including but not limited to the waiver of exemption from execution, such waiver shall be and be
deemed to be deleted herefrom.
19. All capitalized terms not defined herein shall have the meanings ascribed to them
U in the Loan Agreement.
20. This Mortgage is an open-end mortgage as defined at 42 PA C.S.A. § 8143(f) and
as such is entitled to all the benefits of 42 PA C.S.A. §8143 et seq., Pub. L. No. 525, No. 126,
Act 126 of 1990. The parties to this Mortgage intend that, in addition to any other debt or
obligation secured hereby, this Mortgage shall secure unpaid balances of loan advances made
after the Mortgage is left for recording, whether such advances are made pursuant to an
obligation of WP Media or otherwise. The maximum amount of unpaid loan indebtedness
(which shall consist of unpaid advances made either before or after, or both before and after, this
Mortgage is left for recording) and which may be outstanding at any time shall be the face
amount of the Note, plus accrued and unpaid interest thereon and any additional obligations
payable hereunder or thereunder. In addition to the other obligations secured hereby, this
Mortgage secures unpaid balances of advances made, with respect to the Premises, for the
payment of taxes, assessments, maintenance charges, insurance premiums or costs incurred for
the protection of the Premises or the lien created by this Mortgage and other expenses, including
but not limited to costs and attorney's fees incurred by WP Media by reason of default by
12
BK 1996PGO446.
Mortgagor under this Mortgage or by either of the Co-Borrowers under any of the other Loan
Documents.
IN WITNESS WHEREOF, the Mortgagor has executed this Mortgage on the Effective
Date.
WITNESS:
amePrinted: -us,#,-C. ;D, 0-110--k?
HENSLEY BROADCASTING, INC.
By: ()*"?L ? A
Jo ph V. Green, Jr., President
13
BK 1 996PG011;47
COMMONWEALTH OF PENNSYLVANIA)
SS
COUNTY OF CUMBERLAND )
On this, the '-day of 2007, before me a notary public, the undersigned officer,
personally appeared Joseph L. Green, Jr,, known to me (or satisfactorily proven) to be the
President of Hcnsley Broadcasting, Inc., a Pennsylvania corporation, and the person whose name
is subscribed to the within instrument, and acknowledged that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Publi / /
My Commission Expires:
C Scull
?`
fid r
}
COMMONWEALTH OF PENNS,ILVANIA
Notarial Seal
M61,41a G. M. W alwyn, Notary Public
City a Ham w g. a Nov, 18, 22008
My Commas w ExDI
tACmbor. Pr+nncyrvanir: pe,oelafion Of Notaries
14
BK 1996PGt., , 4i 8
EXHIBIT "A"
THE PREMISES
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Shiremanstown,-Cumberland County, Pennsylvania, in accordance with
the survey of Ernest J. Walker, Registered Surveyor, dated August
26, 1971, as follows, to wits
BEGINNING at a point on the southern line of West Main street,
said point being located at the northeastern corner of lands now
or late of the United States Post Office; thence North 80 degrees
00 minutes 00 seconds East along the southern line of West Main
Street, a distance of thirty and zero hundredths (30.00) feet to a
point; thence South 10 degrees.00 minutes 00 seconds East along
the western line of lands now or formerly of J. And D. Markets, a
distance of one hundred sixty-four and zero hundredths (1.64.00)
feet to a pin on the northern line of Courtland Alley; thence
South 80 degrees 00 minutes 00 seconds West along said Northern
line of Courtland Alley,'a distance of thirty and zero hundreds
(30.00) feet to a pin; thence North 10 degrees 00 minutes 00
seconds West.along the eastern line of lands now or formerly of
the United States Post Office, a distance of one hundred sixty-
four and zero hundredths (164.00) feet to a nail on the southern
line of West Main street, the point and place of BEGINNING.
HAVING ERECTED THEREON a two and one-half story frame dwelling
house being known and numbered as a 5 West Main Street,
Shiremanstown, Pennsylvania.
8K 1996PGO449
15
1
CONSENT TO MORTGAGE AND SUBORDINATION
,. Joseph L. Green, Jr. hereby consents for himself and his successors and assigns to this
Mortgage and agrees that whatever right, title and interest which he and his successors and
assigns may have in and to the Premises shall be, and the same are hereby expressly made,
subject and subordinate to, the lien of this Mortgage.
IN WITNESS WHEREOF, and intending,to be legally bound hereby, Joseph L. Green,
Jr. has executed this instrument this W day of 2007,
WITNESS:
t
amePrinted: ?:?rMc :?.•atixtt.s
COMMON WI A131-1 OF PENNSYLVANIA)
COUNTY OF CUMBERLAND }
t ,
0,
JOB PH . GREEN, JR.
SS
ON THIS, the Lsday of L2007, before me, the undersigned officer, personally
appeared Jospeh L. Green, an adt t individual, of legal age and have unimpaired legal capacity
to enter into contracts and agreements, executed the foregoing instrument fir the purpose therein
contained by signing his name.
IN WITNESS WHEREOF, I have hereunto set my hand and official sea].
Notary PLibli6--'
My Commission Expires:
[Seall
COMMONWEALTH OF PENNSYLVANIA
Notarial Soil
Me1,41e G. M Wahy n, Notary Public
City Of Harrisburg, DaupNgn County
L by Commssllon Expires Nov. 18, 2008
Member, Pennsylvania Association OI Notarics
16
3{li 1 99C, FG"I 50
Gertificate.of Residence of WP Media
i hereby certify that the precise residence and complete post office address of WP Media
Lending, LAX is: 532 - 9t' Avenue, Kirkland, Washington 98033.
James A. Penney, Manager
x.i(LL
17
8K199C-Pr6 51
l
C;?km b
a,4?4
3,3), 1!
Exhibit B
Legal Description of Mortgaged Premises
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Shiremanstown,
Cumberland County, Pennsylvania, in accordance with the survey of Ernest J. Walker, Registered
Surveyor, dated August 26, 1971, as follows, to wit:
BEGINNING at a point on the southern line of West Main Street, said point being located at the
northeastern corner of lands now or late of the United States Post Office; thence North 80 degrees 00
minutes 00 seconds East along the southern line of West Main Street, a distance of thirty and zero
hundredths (30.00) feet to a point; thence South 10 degrees 00 minutes 00 seconds East along the
western line of lands now or formerly of J. And D. Markets, a distance of one hundred sixty-four and
zero hundredths (164.00) feet to a pin on the northern line of Courtland Alley; thence South 80
degrees 00 minutes 00 seconds West along said Northern line of Courtland Alley, a distance of thirty
and zero hundreds (30.00) feet to a pin; thence North 10 degrees 00 minutes 00 seconds West along
the eastern line of lands now or formerly of the United States Post Office, a distance of one hundred
sixty-four and zero hundredths (164.00) feet to a nail on the southern line of West Main street, the
point and place of beginning.
HAVING ERECTED THEREON a two and one-half story frame dwelling house being known and
numbered as a it West Main Street, Shiremanstown, Pennsylvania.
ASSIGNMENT OF MORTGAGE... - 3
L,\wdo \spokrtain\95555\ODOBW171251.DOC
Exhibit C
Third Replacement Promissory Note
THIRD REPLACEMENT PROMISSORY NOTE
$771,000.00 As of March 23, 2010
Kirkland, Washington
This Third Replacement Promissory Note replaces and supersedes that certain Second
Replacement Promissory Note ("Second Replacement Note") given by Borrower to Lender
on or about September 15, 2008, in the original maximum principal amount of $755,516.00.
HENSLEY BROADCASTING, INC., a Pennsylvania corporation, JOSEPH L. GREEN, JR.,
an individual, and VISION BROADCASTING LLC, a Pennsylvania limited liability company
(collectively, "Borrower"), jointly and severally, promise to pay to the order of WP MEDIA
LENDING, LLC, a Washington limited liability ("Lender"), the principal sum of $771,000.00, or so
much thereof as shall have been advanced by Lender to Borrower or on Borrower's behalf and
remains unpaid, together with interest on that amount, upon the agreements, terms and conditions
provided in this Third Replacement Promissory Note (the "Note").
1. Definitions. Most of the capitalized terms used in this Note are defined in the
Borrowing Agreement, as thereafter amended, between Lender, Borrower and others dated as of
June 1, 2007 (the "Borrowing Agreement") or other Loan Documents. Other capitalized terms are
defined elsewhere in this Note.
2. Advances. Borrower hereby acknowledges having received advances under this
Note aggregating $746,446.37. Borrower further acknowledges that as of the date hereof, the
principal balance outstanding under the Second Replacement Promissory Note is $746,446.37 (the
"Second Replacement Note Principal Balance"). Borrower may make additional advances under
this Note provided that at the time of any such advance: (i) Borrower is in compliance with the
terms of that certain Forbearance and Third Modification Agreement of even date herewith between
Borrower, Lender and Pledgor, (ii) Lender is satisfied that all of the conditions set forth in Section
7.18 of the Borrowing Agreement have been fulfilled, (iii) any such advance is in a minimum
amount of $1,000.00, and (iv) the final advance is made no later than June 8, 2012. The Second
Replacement Note Principal Balance and all sums advanced under this Note shall be endorsed on
this Note from time-to-time by Lender. All such advances, together with the Second Replacement
Note Principal Balance, and any other amounts payable by Borrower under this Note or under any
of the other Loan Documents, shall be added to the principal of this Note and shall be paid by
Borrower, together with interest thereon, as herein provided.
3. Interest. All sums owing on this Note shall bear interest from the date funds are
advanced under this Note until paid, at an annual rate of interest equal to the greater of (a) 10% per
annum; or (b) the prime rate of interest as reported by the Foundation Bank, Bellevue Washington
(the "Prime Rate") plus 4%. If interest is accruing under subsection (b) of the foregoing, the Prime
Rate shall be adjusted as of the date any change in the Prime Rate is reported. If Foundation Bank
ceases or fails to report the Prime Rate, Lender may substitute the prime rate reported by any
THIRD REPLACEMENT PROMISSORY NOTE - I
Madumh M.U=%:davewes":Ubmry:MNl Downlooh1hiro Kcoaamw Nape of 1510 (SDI14997-2) DOC
national bank with assets of over one billion dollars doing business in the State of Washington. The
parties recognize that the rate of interest provided herein may not be the lowest rate Lendercharges
to any customer. As of the date of this Note, such rate of interest, as hereinabove determined, is
10.0%. Upon the occurrence of an Event of Default and expiration of the applicable Cure Period, all
sums owing on this Note shall bear interest at the annual rate of interest otherwise payable on this
Note plus 4% (the "Default Rate") for so long as the Event of Default continues. All computations
of interest shall be based on a 360-day year for the actual number of days elapsed.
4. Payment. Borrower shall pay Lender Borrower's gross earnings from operations
(determined in accordance with GAAP) on a daily basis. Amounts paid on this Note shall be
available for re-advancement to Borrower pursuant to Section 2 hereof. Sums not eligible for re-
advancement to Borrower under Section 2 shall be applied first to amounts due under the Loan
Documents which are not principal or interest, secondly to interest at the variable rate set forth in
Section 3 of this Note, and thirdly to principal; provided, however, that the entire principal amount
of this Note, plus any accrued but unpaid interest, shall be paid in full on or before June 15, 2012;
and provided, further, that if monthly payments are insufficient to pay interest accruing hereunder,
then Lender shall have the right, upon written notice to Borrower, to increase monthly payments by
an amount sufficient to pay such interest. All payments shall be made in the lawful currency of the
United States of America. All payments shall be made by electronic funds transfer to Lender by
deduction from Hensley's bank account (account no. 6218191285) maintained at Citizens Bank
located at 1510 Cedar Cliff Drive, Camp Hill, Pennsylvania 17011 (ABA bank routing no. 036-076-
150). By executing this Note, each Borrower agrees to execute such other and further authorizations
or approvals as Lender or such bank may require to enable Lender to deduct such payments from
Hensley's account and each Borrower agrees not to cancel or amend such authorizations or
approvals without the prior written consent of Lender.
5. Prepayment. Borrower may prepay any or all amounts owing on this Note without
incurring any additional charge, provided that Borrower gives Lender written notice of the amount
to be prepaid and that any such prepayment is in an amount not less than One Thousand and 00/100
Dollars ($1,000.00). Notwithstanding any prepayment, Borrower shall continue to make all
succeeding installments or other payments as they become due until this Note is completely paid.
6. Security. The payment of all sums owing on this Note shall be secured by liens and
security interests pursuant to the Hensley Security Agreement and the Vision Security Agreement
encumbering all assets of Hensley and Vision, by the Mortgage encumbering the Office Property,
by the pledge by Pledgor of all of the shares of capital stock of Hensley owned beneficially or of
record by Pledgor and of all of his membership interests in Vision owned beneficially or of record
by Pledgor, and by such other documents or instruments that recite that they secure this Note, all as
is more specifically set forth in the Borrowing Agreement and the other Loan Documents.
7. Notice of Event of Default; Cure. Upon the occurrence of an Event of Default, as
defined in the Borrowing Agreement, Lender shall give Notice of the Event of Default to Borrower
in accordance with the terms of the Loan Documents, and Borrower shall have the right to cure such
Event of Default within the applicable Cure Period. If Borrower fails to cure the Event of Default
THIRD REPLACEMENT PROMISSORY NOTE - 2
MWmo.b M:Uws davewcs*wW Ubmfy-Mai Dm Wo&&.7Wrd Rcp&=cm=t Note 031516(S01 14997-2) DOC
then Lender may accelerate all
within the applicable Cure period, or is prohibited from doing so, pursue p anyable.
e.
. Such accelerated amounts shall become a the rihtdto PaY
amounts owing on this Note t to bring
If Lender accelerates the amounts due under Nate, Lendershall the righ
uments, including, but not limited to,
all of the remedies provided in the Loan
suit on this Note. expiration of the
S. Remedies. Upon the occurrence of an E e to it at lawauor in equity, including all
Commercial Code. Any unI d balance
applicable Cure Period, Lender shall have oln availab
on this
rights available to it under the was other enses incurred by Lender in realizing
outstanding at such time, and any costs or exp
Brest at the Default Rate. All rights and remedies granted ? thise der.otBorrolwer
Note, shall bear int
deemed cumulative and not exclusive of any other ai'id totst o this Note.
waives all rights to presentment, notice of dishonor pr
aall ll
9. Costs and Expenses in Event of Default. Borrower ages to Default, y on demand
costs and expenses of Lender incurred in connection with an Event t, u
reasonable attorneys' fees, costs and expenses incurred by Lender in enforcing any of the provisions
of this Note or any other Loan Document, or in
dispute g resolution. Such fees, this Note oth any
other Loan Document through litigation o other
expenses shall include all statutory costs and disbursements, all fees and costs associated with
discovery depositions and expert witness fees, and all out-of-pocket costs incurred by Lender in the
prosecution or defense of the action. For purposes of this section, the phrase "litigation or other
dispute resolution" shall be deemed to include any proceeding commenced in any court of general
or limited jurisdiction, any arbitration or mediation, any proceeding commenced in the bankruptcy
courts of the United States, and any appeal from any of the foregoing. The amount of all such fees,
costs and expenses shall bear interest at the Default Rate
secured by the Loan Documents. from the date Of demand and shall he
.
10. Transfer; ObUgations Binding on Successors. Borrower may not transfer any of
their rights, duties or obligations under this Note without the prior written consent of Lender. This
Note, and the duties set forth in this Note, shall bind Borrower and their successors and assigns. All
rights and powers established in this Note shall benefit Lender and its respective successors and
assigns.
11. Headings. Section headings used in this Note are included for convenience and
ease of reference only and shall not in any manner influence the construction or interpretation of any
provision of this Note or be given any substantive effect.
12. Waiver. No right or obligation under this Note will be deemed to have been waived
unless evidenced by a writing signed by the party against whom the waiver is asserted, or by its duly
authorized representative. Any waiver will be effective only with respect to the specific instance
involved, and will not impair or limit the right of the waiving
of the right or obligation on any other instance, in any other respect, or at any other time. No ailn e
THIRD REPLACEMENT PROMISSORY NOTE • 3
MadatahFD:U3M-'l8ve,C0M8:Ubn,y:M1A Dow1d0ed3:TWfdRc Nate0)IS10(Sol 14997.2)DDC
1?
on the part of Lender to exercise, and no delay in exercising, any right or obligation under this Note
shall operate as a waiver thereof.
13. Severability. The parties intend that this Note be enforced to the greatest extent
permitted by applicable law. Therefore, if any provision of this Note, on its face or as applied to any
person or circumstances, is or becomes unenforceable to any extent, the remainder of this Note and
the application of that provision to other persons, circumstances or extent, will not be impaired.
14. Modification. This Note can be extended, modified or amended only by a written
instrument signed by Borrower and Lender.
15. References. Except as otherwise specifically indicated, all references in this Note to
numbered or lettered sections or subsections refer to sections or subsections of this Note. All
references to this Note include any subsequent modification, amendment, renewal, supplement or
replacement of this Note.
16. Excess Interest. In no event whatsoever shall the amount of interest paid or
agreed to be paid to Lender pursuant to this Note or any of the Loan Documents exceed the
highest lawful rate of interest permissible under applicable law. If, from any circumstances
whatsoever, fulfillment of any provision of this Note or the other Loan Documents shall involve
exceeding the lawful rate of interest which a court of competent jurisdiction may deem
applicable hereto ("Excess Interest"), then the obligation to be fulfilled shall be reduced to the
highest lawful rate of interest permissible under such law and if, for any reason whatsoever,
Lender shall receive as interest an amount which would be deemed Excess Interest, such Excess
Interest shall be applied to principal (whether or not due and payable) and not to the payment of
interest or refunded to Borrower. Neither Borrower nor endorser shall have any claim or cause of
action against Lender for any damages whatsoever arising out of the payment or collection of
any such Excess Interest.
17. Governing Law and Venue; Waiver of Jury Trial. This Note is made in
accordance with, and shall be interpreted and enforced pursuant to, the laws of the State of
Washington, including the Washington Uniform Commercial Code, and the federal laws of the
United States of America. If any action or other proceeding shall be brought by Borrower in
connection with this Note, the venue of such action shall be in King County, Washington. If any
action or other proceeding shall be brought by Lender in connection with this Note, the venue of
such action shall be in King County, Washington or in such other jurisdiction for which venue is
proper under applicable law. Borrower hereby consents to the
Court of King County and the United States District Court forth Western District of Washin ton•
BORROWER HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY AS TO ANY ISSUE
ARISING OUT OF THIS NOTE.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY EXTEND
CREDIT OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT
THIRD REPLACEMENT PROMISSORY NOTE - 4 ARE
Medmmb ND:Uren:da
ura:Ubmy:Meil Dawn199611%ird ROO-went Note 03IS1o(Sol M997.2).DOC
I '
I
NOT ENFORCEABLE UNDER WASHINGTON LAW.
BORROWER. HENSLEY BROADCASTING, INC.,
a Pennsylvania corporation
By: ? ?...---
Jo ph L. Green, Jr., its duly authorized officer
JO PH . GREEN, JR., individually
VISION BROADCASTING LLC,
a Pennsylvania limited liability company
By:
4LJol?
Green, Jr., its duly authorized officer
THIRD REPLACEMENT PROMISSORY NOTE - 5
t HD:Uun: h1"4 -3:UbnryMwj D&,ndoedr7Wrd 7kplaoasent Note 031510 (50114997.2),DOC
THIRD REPLACEMENT PROMISSORY NOTE
$771,000.00 As of Marche, 2010
Kirkland, Washington
This Third Replacement Promissory Note replaces and supersedes that certain Second
Replacement Promissory Note ("Second Replacement Note") given by Borrower to Lender
on or about September 15, 2008, in the original maximum principal amount of $755,516.00.
HENSLEY BROADCASTING, INC., a Pennsylvania corporation, JOSEPH L. GREEN, JR.,
an individual, and VISION BROADCASTING LLC, a Pennsylvania limited liability company
(collectively, 'Borrower"), jointly and severally, promise to pay to the order of WP MEDIA
LENDING, LLC, a Washington limited liability ("Lender"), the principal sum of $771,000.00, or so
much thereof as shall have been advanced by Lender to Borrower or on Borrower's behalf and
remains unpaid, together with interest on that amount, upon the agreements, terms and conditions
provided in this Third Replacement Promissory Note (the "Note").
1. Definitions. Most of the capitalized terms used in this Note are defined in the
Borrowing Agreement, as thereafter amended, between Lender, Borrower and others dated as of
June 1, 2007 (the "Borrowing Agreement") or other Loan Documents. Other capitalized terms are
defined elsewhere in this Note.
2. Advances. Borrower hereby acknowledges having received advances under this
Note aggregating $ 7P2 g VZ 37 . Borrower further acknowledges that as of the date hereof,
the principal balance outstanding under the Second Replacement Promissory Note is
$ 7L e $1XK 37 (the "Second Replacement Note Principal Balance"). Borrower may make
additional advances under this Note provided that at the time of any such advance: (i) Borrower is in
compliance with the terms of that certain Forbearance and Third Modification Agreement of even
date herewith between Borrower, Lender and Pledgor, (ii) Lender is satisfied that all of the
conditions set forth in Section 7.18 of the Borrowing Agreement have been fulfilled, (iii) any such
advance is in a minimum amount of $ ,o a O , and (iv) the final advance is made no later
than December 24, 2010. ??
A¦+++t nn naaiai?inpsi__-t.
. The Second Replacement
Note Principal Balance and all sums advanced under this Note shall be endorsed on this Note from
time-to-time by Lender. All such advances, together with the Second Replacement Note Principal
Balance, and any other amounts payable by Borrower under this Note or under any of the other
Loan Documents, shall be added to the principal of this Note and shall be paid by Borrower,
together with interest thereon, as herein provided.
3. Interest. All sums owing on this Note shall bear interest from the date funds are
advanced under this Note until paid, at an annual rate of interest equal to the greater of (a) 10% per
THIRD REPLACEMENT PROMISSORY NOTE - !
L:1wl- pok"fs%9f55YWOSMI11997,DOC
ALLONGE
This Allonge is attached to and forms a part of that certain Third Replacement
Promissory Note dated March 23, 2010, executed by HENSLEY BROADCASTING, INC., a
Pennsylvania corporation, JOSEPH L. GREEN, JR., an individual, and VISION BROADCASTING
LLC, a Pennsylvania limited liability company in favor of WP MEDIALENDING, LLC, a
Washington limited liability company, in the principal amount of $771,000.00.
Pay to the order of WP Pennsylvania, LLC, a Washington limited liability company,
without recourse, representation or warranty.
DATED, this _ day of June, 2010.
WP MEDIA LENDING, LLC,
a Washington limited liability company
By: WP MANAGEMENT, LLC, Manager
By:
. Weller, its duly authorized officer
Exhibit D
Assignment of Open-End Mortgage
37011 7
PREPARED BY, RECORDING REQUESTED
BY AND,WHEN RECORDED, RETURN TO:
Jody M. McCormick OOOJ KW
Witherspoon, Kelley, Davenport
& Toole, P.S.
422 West Riverside Avenue, Suite 1100
Spokane, Washington 99201
Property #37-23-0555-030
Address: 8 West Main Street, Borough of Shiremanstown,
County of Cumberland, Pennsylvania
Reference No.: Book 1996, Pages 0435-0451
Mortgagor: Hensley Broadcasting, Inc.
Mortgagee: WP Media Lending, LLC
Legal Description: A complete legal description is attached as Exhibit A.
ASSIGNMENT OF OPEN-END MORTGAGE
For Value Received, the undersigned as Beneficiary, hereby grants, conveys, assigns and
transfers to WP PENNSYLVANIA, LLC, a Washington limited liability, whose address is 530 - 9`h
Avenue, Kirkland, Washington 98033, all beneficial interest under that certain Open-End Mortgage
("Mortgage"), as modified pursuant to a Modification of Open-End Mortgage (the "Modification",
together with the Mortgage, collectively, the "Mortgage"), executed by HENSLEY
BROADCASTING, INC., a Pennsylvania corporation, as Grantor, encumbering certain real property
located in Cumberland County, Pennsylvania, and described in Exhibit A attached hereto and by this
reference incorporated herein. Said Mortgage was recorded on June 18, 2007, in the Cumberland
County Recorder's Office under Book 1996, Page 435 and the Modification -dated
March 23 ,2010,.
Together with note or notes therein described or referred to, the money due and to become
due thereon, with interest, and all rights accrued or to accrue under said Mortgage.
WP MEDIA LENDING, LLC,
a Washington limited liability company
By: WP MANAqFMENf, LLC, Manager
By:
H. Weller; its duly authorized officer
ASSIGNMENT OF MORTGAGE... - 1
L:%wdoc gpokweink95555 WBlSD17123I.DM
STATE OF WASHINGTON )
)ss.
COUNTY OF S Q
I certify that I know or have satisfactory evidence that John Weller is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated that
he is authorized to execute the instrument and acknowledged it as a duly authorized officer of WP
Management, LLC, the Manager of WP Media Lending, LLC, to be the free and voluntary act of
such party, for the uses and purposes mentioned in the instrument.
DATED thistJ4 day of June, 2010.
'br? ?-r) - --
?Olj C OR H i C
Nota ublic in and for the Statp?
of ashington, residing at 0 KA ?+ a Uct I 1e
My appointment expires: ! 10 ??--
ASSIGNMENT OF MORTGAGE... - 2
L \wdou\epolnwin\95335\0008\S0171231. DOC
EXHIBIT A
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Shiremanstown,
Cumberland County, Pennsylvania, in accordance with the survey of Ernest J. Walker, Registered
Surveyor, dated August 26, 1971, as follows, to wit:
BEGINNING at a point on the southern line of West Main Street, said point being located at the
northeastern corner of lands now or late of the United States Post Office; thence North 80 degrees 00
minutes 00 seconds East along the southern line of West Main Street, a distance of thirty and zero
hundredths (30.00) feet to a point; thence South 10 degrees 00 minutes 00 seconds East along the
western line of lands now or formerly cf J. And D. Marken, a distance of one hundred sixty-four and
zero hundredths (164.00) feet to a pin on the northern line of Courtland Alley; thence South 80
degrees 00 minutes 00 seconds West along said Northern line of Courtland Alley, a distance of thirty
and zero hundreds (30.00) feet to a pin; thence North 10 degrees 00 minutes 00 seconds West along
the eastern line of lands now or formerly of the United States Post Office, a distance of one hundred
sixty-four and zero hundredths (164.00) feet to a nail on the southern line of West Main street, the
point and place of beginning.
HAVING ERECTED THEREON a two and one-half story frame dwelling house being known and
numbered as a e West Main Street, Shiremanstown, Pennsylvania.
ASSIGNMENT OF MORTGAGE... - 3
L Nwdonbpokm %95555W \S017123 i DOC
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201037257
Recorded On 12/16/2010 At 12:55:17 PM
* Instrument Type - ASSIGNMENT OF MORTGAGE
Invoice Number - 78715 User ED - JM
* Mortgagor - HENSLEY BROADCASTING INC
* Mortgagee - WP MEDIA LENDING LLC
* Customer - WITHERSPOON ET AL
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $50.50
* Total Pages - 4
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
RECORDER O 1DD S
' - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
1111111111111111111
Exhibit E
Assignment of Loan Documents
Doc 6552028 Ver l
ASSIGNMENT OF LOAN DOCUMENTS
For Value Received, the undersigned, hereby grants, conveys, assigns and transfers, without
recourse, to WP PENNSYLVANIA, LLC, a Washington limited liability company, whose address is
530 9`h Avenue, Kirkland, Washington 98033, all right title and interest in the following loan
documents all relating to a secured loan from the undersigned to HENSLEY BROADCASTING,
INC., a Pennsylvania corporation ("Hensley"), JOSEPH L. GREEN, JR., an individual ("Green"), and
VISION BROADCASTING LLC, a Pennsylvania limited liability company ("Vision", together with
Hensley and Green, collectively, "Borrower"), and the Pledgor identified herein, in the principal
amount of Seven Hundred Seventy One Thousand and 00/100 Dollars ($771,000.00):
Borrowing Agreement dated as of June 1, 2007, executed by Hensley and Green.
2. Pledge Agreement dated June 1, 2007, executed by Green ("Pledgor")
3. Security Agreement dated June 1, 2007, executed by Hensley and Green.
4. Assignment of Material Agreements dated June 1, 2007, executed by Hensley and
Green.
5. Lien Priority & Intercreditor Agreement effective as of June 13, 2007, executed by
Lender and The Commonwealth of Pennsylvania, acting by and through the
Pennsylvania Minority Business Development Authority.
6. Open-End Mortgage dated June 15, 2007, executed by Hensley.
7. Subordination Agreement dated June 15, 2007, executed by Carl C. Kuehn, 11, Nancy
D. Kuehn and The Estate of M. Dean Lebo.
Mortgage Subordination Agreement dated June 15, 2007, executed by the PMBDA.
9. First Amendment to Borrowing Agreement dated December 31, 2008 [sic], executed
by Hensley, Green and Pledgor.
10. Second Amendment to Borrowing Agreement dated May 22, 2009, executed by
Hensley and Green.
11. Second Amendment to Borrowing Agreement dated September 15, 2008, executed
by Borrower and Pledgor
12. Third Replacement Promissory Note dated as of March 23, 2010, in the principal
amount of $771,000.00 executed by Borrower.
ASSIGNMENT OF LOAN DOCUMENTS - I
13. Forbearance and Third Modification Agreement dated March 23, 2010, executed by
Borrower and Pledgor.
14. Modification of Open-End Mortgage dated March 23, 2010, executed by Hensley.
15. Restricted Account Agreement dated March 23, 2010, executed by Borrower.
16. Control Account Service Agreement dated executed by
Borrower.
17. UCC Financing Statement No. 2007061806588 recorded in the official records of the
Secretary of the Commonwealth of Pennsylvania on June 15, 2007 as to Debtor
Green.
18. UCC Financing Statement No. 2007061806590 recorded in the official records of the
Secretary of the Commonwealth of Pennsylvania on June 15, 2007, as to Debtor
Hensley.
19. UCC Financing Statement No. 2008093002700 recorded in the official records of the
Secretary of the Commonwealth of Pennsylvania on September 29, 2008, as to
Debtor Vision.
20. Loan Policy of Title Insurance No. 10614026 PAL and attached Endorsements issued
by First American Title Insurance Company.
21. Any and all other documents and instruments held by the undersigned and related to
the assigned loan.
Dated as of June -., 2010.
WP MEDIA LENDING, LLC,
a Washington limited liability company
By: WP MANAGEMENT. LLC, Manager
By:
John H. Weller, its my authorized officer
ASSIGNMENT OF LOAN DOCUMENTS - 2
Ii
BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP
By: Raymond H. Lemisch (Pa. I.D. No. 43343)
Jennifer E. Smith (Pa. I.D. No. 210032)
One Liberty Place
1650 Market Street, Suite 3628
Philadelphia, PA 19103 Attorneys for Plaintiff, WP Pennsylvania,
Telephone: 267-207-2947 LLC
Facsimile: 267-207-2949
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WP PENNSYLVANIA, LLC,
530 9th Avenue,
Kirkland, WA 98033
Plaintiff,
V.
: No. 2011-3851
HENSLEY BROADCASTING, INC., a
Pennsylvania corporation,
8 West Main Street,
Shiremanstown, PA 17011
Defendant.
-TJ
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PRAECIPE FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF
PURSUANT TO Pa.R.C.P. 1037(b) AND TO ASSESS DAMAGES
TO THE PROTHONOTARY:
Please enter a default judgment in favor of Plaintiff, WP
PENNSYLVANIA, LLC, and against Defendant, HENSLEY BROADCASTING, INC., for
failure to answer or otherwise respond to the Complaint in Mortgage Foreclosure in this action.
2. The Complaint in Mortgage Foreclosure was served upon Defendant on
April 28, 2011 by the Cumberland County Sheriff. A copy of the Proof of Service is attached
hereto as Exhibit A.
Q,M? 104.00 Pd ct 1?
Clot- la3(p II
A Notice of Praecipe to Enter Judgment by Default, pursuant to Pa. R.C.P.
237.1(2), was served upon Defendant by first class mail on May 24, 2011, more than ten days
before this Praecipe was filed. A copy of the Notice of Praecipe to Enter Judgment by Default is
attached hereto as Exhibit B. Pursuant to the Notice and Certification, Defendant had ten (10)
days in which to answer the Complaint. The ten (10) days expired on June 3, 2011.
4. Pursuant to Pa. R.C.P. 1037(b)(1), the Prothonotary is requested to enter
judgment in favor of Plaintiff, WP PENNSYLVANIA, LLC, and against Defendant, HENSLEY
BROADCASTING, INC., for foreclosure of the mortgage of Plaintiff in the within cause and for
sale of the real property owned by Defendant at 8 West Main Street, Shiremanstown, PA 17011
(the "Mortgaged Premises"). A true and correct description of the Mortgaged Premises is
attached hereto as Exhibit C.
The Prothonotary is further requested to assess damages as prayed for in the Complaint in the
sum of $771,000.00, plus interest accruing from and after March 23, 2011.
5. The undersigned verifies that the statements of fact in this Praecipe are
true and correct to the best of my knowledge, information and belief and are made subject to the
penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsifications to authorities.
BENESCH, FRIEDLANDER, COPLAN
& ARONOFF LLP
Dated: June 13, 2011
Ray nd H. Lemisch (Pa. I.D. No. 43343)
Jennifer E. Smith (Pa. I.D. No. 210032)
One Liberty Place
1650 Market Street, Suite 3628
Philadelphia PA 19103
(267) 207-2947
2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WP PENNSYLVANIA, LLC,
530 9th Avenue,
Kirkland, WA 98033
Plaintiff,
V.
No. 2011-3851
HENSLEY BROADCASTING, INC., a
Pennsylvania corporation,
8 West Main Street,
Shiremanstown, PA 17011
Defendant.
ENTRY OF JUDGMENT AND
ASSESSMENT OF DAMAGES
AND NOW, this -Lq- day of ?LILYne_ , 2011, judgment is
hereby entered in favor of Plaintiff, WP PENNSYLVANIA, LLC, against Defendant,
HENSLEY BROADCASTING, INC., for foreclosure of the mortgage of Plaintiff and for sale of
the real property owned by Defendant at 8 West Main Street, Shiremanstown, Pennsylvania
17011, and damages are assessed in the sum of $771,000.00, together with (i) interest from and
after March 23, 2011 through the date of judgment, (ii) reasonable attorneys' fees, and (iii) post
judgment interest at the applicable judgment rate.
PROTH
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chef Depat l
Richard W Stewart
Solicitor
WP Pennsylvania, LLC Case Number
vs
Hensley Brcadcasting, inc. 2011-3851
SHERIFF'S RETURN OF SERVICE
04/29!201, 11:05 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 28,
2011 a 1105 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
withi`• named defendant, to wit: Hensley Broadcasting, inc., by making known unto Jenie Scott; Radio
Broadcaster for Hensley Broadcasting, Inc. at 8 W. 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 saute.
RONALD HOOVER, DEPUTY
SHERIFF COS': 543.00
40 29, 201 ,
SO ANSWERS,
RONW R ANDERSON, SHERIFF
Exhibit B
Notice of Praecipe For Judgment Entered in Favor of Plaintiff
BENESCH, FRIEDLANDER, COPLAN & ARONOF F LLP
By: Raymond l I. l..emisch (Pa. I.D. No. 43343)
Jerinifer E. Smith (Pa. I.D. No. 210032)
One Liberty Place
1650 Market Street, Suite 3628
Philadelphia, PA 19103 Attorneys for Plaintiff, WP Pennsylvania,
Telephone: 267-299-2947 I . LC
Facsimile: 267-299-2949
IN THE COURT OF COMMON PLEAS OF C[;1ti'f131a .LAND COUNTY, PENNSVIA ANIA
%VP PENNSYLVANIA, LL(--'.
0 9"' Avenue.
Kirkland. \k- A 98033
Plaintiff.
v.
No. 2011-3851
I1I.NSI-F.Y BROADCASTING. INC., a.
Pennsylvania corporation.
8 \\Vest Main Street.
Shiremanstown. PA 17011
Defendant.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A kVRIT I F:N
APPEARANCI Pl?RSONALLY OR BY ATTORNEY AND FILE Il WRITING Lt%ITH THE
COURT YOUR DEFL;NSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. L.NI.F.SS YOU ACT WITHIN TIN DAYS FROM THE DATE OF THIS -NOTICE. A
Il.;l)Ci II;.N"I' MAY BF F;'\!T .RFI) AGAINST YOU WJTIIOU-T A HEARING AND YOU
MAY I,OSF YOUR PROPERTY OR OTHER IMPOR'lANTRIGI 11 S.
YO:J SHOULD 'FAKE THIS PAPER TO YOUR LAWYER .AT ONCE. IF YOU DO
NOT IIAVI A I.AWY?iR, 00 TO OR TI LFTI-101IF THE OFFICE SET FORTH 13FLOW.
H11S OFFICE CAN PROVIDE YOU WITH INFORMATION ABOL.'T HIRING A LAWYER.
IF YOUR CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROV'iDE YOU WITH INFORMATION ABOL.T AGENCIES THAT M.,,\Y OFFFR
1,FGAI, SERVICES TO ELIGIBLE PERSONS A TA REDUCED FEE OF NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. Bedford Street
Carlisle, Pennsylvania
Telephone: (717) 249-3160
BFNFSCll. I-RII:I7I,ANDI?R. COPI,AN
& ARONOFF 1111
Dated: ?!lav 24. 2011
Raynr-tic -emisch (Pa.. I.D. No. 43343)
Jermifer E. Smith (Pa. I.D. No. 210032)
One Liberty Place
1650 Market Street. Suite 3628
Philadelphia PA 19103
(267) 207-2947
Attorneys for the Plaintiff, W'I' Pennsylvania. LLC
Doc (,6;408') ve! i
6, Complete items 1, 2, and 3. Also complete Sgna yte
J.?.? `.?. L7 Agent
item 4 If Restricted Delivery Is desired.
?' C7 Addresser
0 Print Jour name and address on the reverse
so that we can return the card to you. B. FLpea6vod by (Prinr?o rvame) C. Dwe of Delivery
zi Attach this card to the back of the mailpiece,
or on the front if space permits. ` ° Fi ? L
D. Is da?ivery address different frcm trim 17 ? Yw
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1. Ari;c'o Ar!d,o%:ed to: If YES, enter do'ivery address befovr: 11
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Certified Mail O Exprass Mail
0 Registered j2rRetum Receipt for MerohanSSsv
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4. Restricted Delivori7 (Extra Fee) 0 Yes
2. Ar'icleN m`.:er 7009 1410 0000 %507 5621
(lia^sfer frcr: r ssrvJcs laboi)
P.S Fc.rm 381 1 , February 2004 Domestic Return Receipt +e25J oa-ra-,
UNITED STATES Pr)STAL SERVICE First-Crass Mai!
Postage & Fees Paid
LISPS
Permit No. G-10
Sender: Please print your name, address, and ZIP+4 in this box 11
Senesch, Friefllander. Ciopian & Aronotl :.LP
222 Delaware Avenue, Suite 801,
Wilmington, DE 19301,
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Exhibit C
Description of Mortgaged Premises
THE PREMISES
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Shiremanstown,-Cumberland County, Pennsylvania, in accordance with
the survey of Ernest J. Walker, Registered Surveyor, dated August
26, 1971, as follows, to wits
BEGINNING at a point on the southern line of West Main Street,
said point being located at the northeastern corner of lands now
or late of the United States Post Office; thence North 80 degrees
00 minutes 00 seconds East along the southern line of West Main
Street, a distance of thirty and zero hundredths (30.00) feet to a
point; thence South 10 degrees .00 minutes 00 seconds East along
the western line of lands now or formerly of J. And D. Markets, a
distance of one hundred sixty-four and zero hundredths (164.00)
feet to a pin on the northern line of Courtland Alley; thence
South 80 degrees 00 minutes 00 seconds West along said Northern
line of Courtland Alley, a distance of thirty and zero hundreds
(30.00) feet to a pin; thence North 10 degrees 00 minutes 00
seconds West along the eastern line of lands now or formerly of
the United States Post Office, a distance of one hundred sixty-
four and zero hundredths (164.00) feet to a nail on the southern
line of West Main street, the point and place of BEGINNING.
HAVING ERECTED THEREON a two and one-half story frame dwelling
house being known and numbered as a 5 West Main Street,
Shiremanstown, Pennsylvania.
U
SKI996PG0449 15
BF_.NESCH, FRIEDLANDER, COPLAN & ARONOFF LLP
13v: Raymond H. Lemisch (Pa. I.D. No. 43343)
Jennifer E. Smith (Pa. I.D. No. 210032)
One Liberty Place
1650 Market Street, Suite 3628
Philadelphia, PA 19103 Attorneys for Plaintiff, WP Pennsylvania,
Telephone: 267-207-2947 LLC.
Facsimile: 267-207-2949
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WP PENNSYLVANIA, LLC,
530 91t1 Avenue,
Kirkland, WA 98033
Plaintiff,
v.
No. 2011-3851
HE. NSLEY BROADCASTING, INC., a
Pennsylvania corporation,
8 West Main Street,
Shiremanstown, PA 17011
Defendant.
AFFIDAVIT CERTIFYING ADDRESSES
STATE OF WASHINGTON
COUNTY OF KIN(
1, Dave Wcstburg, being duly sworn in accordance with the law, hereby depose and say:
a) I am the President of WP Pennsylvania, LLC, plaintiff in the above-
captioned action and, as such, am authorized by the plaintiff to issue this affidavit on its behalf.
b) The last-known address of the defendant is as follows:
Hensley Broadcasting, Inc.
8 West Main Street
Shiremanstown, PA 17011
C) The plaintiffs address is as follows:
WP Pennsylvania, LLC.
530 9`1' Avenue
Kirkland, WA 98033
Sworn to and subscribed
before me this day
of _),,o
2011.
1°? N R
Not
<a ?'Pu li
MN4 Conn n n Expires: to
S`fhTE a i' ?,.?ASNIIUC?T6N
?,Q u N Ti? ?f K 1 ? ?
Z iw1*6e(AN
z,b •"t3
Rfave Westburg, Presidf
WP Pennsylvania, LLC:.
.
%A
NOTARY
PUBLIC i
X71 •
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WASN%%
-9- Doc 6664583 Ver 1
CERTIFICATE OF SERVICE
I, Raymond 11. Lemisch, hereby certify that on this 13th day of June, 2011, I
caused a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF JUDGMENT
IN FAVOR OF PLAINTIFF PURSUANT TO Pa.R.C.P. 1037(b) AND TO ASSESS
DAMAGES, to be served via first class mail, postage prepaid, upon the following:
HENSLEY BROADCASTING, INC.,
8 West Main Street,
Shiremanstown, PA 17011
Dated: June 13, 2011
Raymond H. Lemisch
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 11-3851 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WP PENNSYLVANIA Plaintiff (s)
From HENSLEY BROADCASTING, INC.
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $771,000.00 L.L.: $.50
Interest
Arty's Comm: % Due Prothy: $2.00
Atty Paid: $175.50 Other Costs:
Plaintiff Paid:
Date: 8/22/11
avid D. BJPthonotary
(Sea]) By:
Deputy
REQUESTING PARTY:
Name: JENNIFER E. SMITH, ESQUIRE
Address: 1690 MARKET STREET, SUITE 3628
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 303-442-7011
Supreme Court ID No. 210032
l,,.,:D-OFFICE
a 4 6ROTHONOTARY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY`L'VAI?i
CIVIL DIVISION 2511 UG 22 AM 91
PRAECIPE FOR WRIT OF EXECUTION ;P, ERLAND COUNT'S
WP PENNSYLVANIA . ? Confessed Judgment !NFNNSYLVAN{A
Plaintiff ? Other
vs. File No. 2011-3851
HENSLEY BROADCASTING, INC. Amount Due $771,000.00
Defendant Interest
Address:
8 West Main Street
Shiremanstown, PA 17011
TO THE PROTHONOTARY OF THE SAID COURT:
PRAECIPE FOR ATTACHMENT EXECUTION
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
8 West Main Street
Shiremanstown, PA 17011
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
8 West Main Street
Shiremanstown, PA 17011
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee (s) as a lis pendens against r state o the
defendant(s) described in the attached exhibit.
Date August 19, 2011 Signature:
Ott %a"O V&
y3oo?
9 ?. OO<<,t
1y, Ccoy
Atty's Comm
Costs
Print Name: 4 J nifeel Smith
Address: 1950 Market St., Ste. 3628
Philadelphia, PA 19103
WP Pennsylvania, LLC
303-442-7011
Supreme Court ID No: 210032
Attorney for:
Telephone:
? , Sb LL.
Ck.? ??53
??1?3481?
C?k,:+ ?g e? -?u?l
EXHIBIT "A"
THE PREMISES
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Shiremanstown, Cumberland County,
Pennsylvania, in accordance with the survey of Ernest J. Walker, Registered Surveyor, dated August 26,
1971, as follows, to wit:
BEGINNING at a point on the southern line of West Main Street, said point being located at the
northeastern comer of lands now or late of the United States Post Office; THENCE North 80 degrees 00
minutes 00 seconds East along the southern line of West Main Street, a distance of thirty and zero
hundredths (30.00) feet to a point; THENCE South 10 degrees 00 minutes 00 seconds East along the
western line of lands now or formerly of J. and D. Markets, a distance of one hundred sixty-four and zero
hundredths (164.00) feet to a pin on the northern line of Courtland Alley; THENCE South 80 degrees 00
minutes 00 seconds West along said northern line of Courtland Alley, a distance of thirty and zero
hundredths (30.00) feet to a pin; THENCE North 10 degrees 00 minutes 00 seconds West along the
eastern line of lands now or formerly of the United States Post Office, a distance of one hundred sixty-four
and zero hundredths (164.00) feet to a nail on the southern line of West Main Street, the point and place
of BEGINNING.
HAVING ERECTED THEREON a two and one-half story frame dwelling house being known and
numbered as 8 West Main Street, Shiremanstown, Pennsylvania.
ii..FO--OFF1 L
BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP. i i F'ROTNONOTAP,
By: Raymond H. Lemisch (Pa. I.D. No. 43343)
Jennifer E. Smith (Pa. I.D. No. 210032) , 2 2 AM 9: 0
One Liberty Place
1.650 Market Street, Suite 3628 .UMBERLANa COUNTY
Philadelphia, PA 19103 PE%,NsYLVANIA
Telephone: 267-207-2947 Attorneys for Plainti , WP Pennsylvania, LLC
Facsimile: 267-207-2949
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WP PENNSYLVANIA, LLC,
530 9th Avenue,
Kirkland, WA 98033
Plaintiff,
v.
No. 2011-3851
HENSLEY BROADCASTING, INC., a
Pennsylvania corporation,
8 West Main Street,
Shiremanstown, PA 17011
Defendant.
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
AFFIDAVIT PURSUANT TO RULE 3129.1
I am a President of WP Pennsylvania, LLC, plaintiff in the above action, and am
authorized to make this affidavit on Plaintiff s behalf and, as such, set forth as of the date the
praecipe for the writ of execution was filed the following information concerning the real
property located at 8 West Main Street, Shiremanstown, Pennsylvania, as more fully described in
Exhibit A annexed hereto and incorporated herein by reference in its entirety:
Name and address of owner(s) or reputed owner(s) of the Property:
Name
WP Pennsylvania, LLC
2
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
c/o Raymond H. Lemisch, Esquire
Benesch, Friedlander, Coplan & Aronoff LLP
1650 Market Street, Suite 3628
Philadelphia, PA 19103-7301
Name and address of defendant(s) in the judgment:
Address (if address cannot be reasonably
ascertained, please so indicate)
Hensley Broadcasting, Inc.
Hensley Broadcasting, Inc.
3
8 West Main Street,
Shiremanstown, PA 17011
c/o Joseph L. Green, Jr.
112 Fawn Ct.
Harrisburg, Pa. 17110
Name and address of every judgment creditor whose judgment is a record lien on
the property to be sold:
Name
WP Pennsylvania, LLC
Address (if address cannot be reasonably
ascertained, please so indicate)
c/o Raymond H. Lemisch, Esquire
Benesch, Friedlander, Coplan & Aronoff LLP
1650 Market Street, Suite 3628
Philadelphia, PA 19103-7301
4. Name and address of the last recorded holder of every mortgage of record of the
property:
2
Name
WP Pennsylvania, LLC
The Pennsylvania Minority Business
Development Authority
Address (if address cannot be reasonably
ascertained, please so indicate)
c/o Raymond H. Lemisch, Esquire
Benesch, Friedlander, Coplan & Aronoff LLP
1650 Market Street, Suite 3628
Philadelphia, PA 19103-7301
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120
Carl. C. Kuehn, II and Nancy D. Kuehn 3455 Shady Run
Melbourne, FL 32934
Estate of M. Dean Lebo
5.
Name
None.
6.
8 West Main Street
Shiremanstown, PA 17011
Name and address of every other person who has any record lien on the property:
Address (if address cannot be reasonably
ascertained, please so indicate)
Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please so
indicate)
None.
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please so
indicate)
3
Name Address (if address cannot be
reasonably ascertained, please so
indicate)
Pennsylvania Dept. of Revenue
1206 State Office Building
1400 Spring Garden Street
Philadelphia, PA 19130
Pennsylvania Dept. of Revenue
Pennsylvania Dept. of Revenue
Pennsylvania Dept. of Revenue
Pennsylvania Department of Labor
and Industry
Internal Revenue Service
Cumberland County
Borough of Shiremanstown
1133 Strawberry Square
4th and Walnut Streets
Harrisburg, PA 17128
Attention: Corporation Taxes Bureau
1133 Strawberry Square
4th and Walnut Streets
Harrisburg, PA 17128
Attention: Collection and Taxpayer
Services Bureau
Bureau of Compliance
Business Clearance Section
P.O. Box 280947
Harrisburg, PA 17128-0947
Bureau of Corporation Tax
Obligations, Clearance Unit
Labor and Industry Building
Room 916
7th and Forster Streets
Harrisburg, PA 17121
Technical Services
Federal Building
600 Arch Street, Room 3259
Philadelphia, PA 19106
Office of Tax Assessment
1 Courthouse Square, Room 110
Carlisle, PA 17013
Tax Collector
211 Chestnut Street
Shiremanstown, PA 17011
4
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
WP PENNSYhVANIA, LLC
By:
David Westburg
President
Dated: /00 2011
Sworn and subscribed before
me this VA day of , 2011.
0 1(14 A kA-)
Notary Public
My Commission expires: 10 - d (0 . 1-,?r--
COURTNEY 9 QSTWW
SU OF WtAS NNGTON
NOTARY PUBLIC
My CQ M119" EXPIRES
5 Doc 6680875 Ver I
=`? D-0F FICE
BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP PROTHONOTARY
By: Raymond H. Lemisch (Pa. I.D. No. 43343)
Jennifer E. Smith (Pa. I.D. No. 210032) 2C¢ ! ,U r.-,, 22 AFB 9: 30
One Liberty Place
1650 Market Street, Suite 3628 K H AN0 COUNTY
,..: ?'P?f?5YL4ANfA
Telephone: Philadelphia, 267-207-2947 19Attorneys for Plaintiff, Pennsylvania, LLC
Facsimile: 267-207-2949
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WP PENNSYLVANIA, LLC,
530 9 h Avenue,
Kirkland, WA 98033
Plaintiff,
V.
: No. 2011-3851
HENSLEY BROADCASTING, INC., a
Pennsylvania corporation,
8 West Main Street,
Shiremanstown, PA 17011
Defendant.
VIA CERTIFIED MAIL (RRR)
AND VIA REGULAR MAIL
TO: ALL PARTIES AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
Pursuant to Pennsylvania Rule of Civil Procedure 3129.2(c), you are hereby
notified that the real property ("Propert X"), being or having heretofore been owned by defendant
Hensley Broadcasting, Inc. ("Defendant") in the above-captioned action ("Action"), is scheduled
to be sold by the Sheriff of Cumberland County (the "Sheriff") at a public auction (the "Sale") at
10:00 a.m. on December 7, 2011, in execution upon the judgment entered for the plaintiff in the
Action on June 14, 2011, in the amount of $771,000.00, with additional interest and costs as
specified therein.
The Sale will take place in the Cumberland County Courthouse, 1 Courthouse
Square, Room 303, Carlisle, Pennsylvania, on December 7, 2011 at 10:00 a.m.
The Property comprises all those certain lots or pieces of ground, with the
buildings and other improvements thereon erected, located at 8 West Main Street,
Shiremanstown, Pennsylvania 17011, a metes-and-bounds description of which is attached as
Exhibit A hereto.
Our records indicate that you have or may have an interest in the Property. If so,
your interest may be affected by the Sale. You may therefore wish to attend the Sale to protect
your interests.
A schedule of distribution of the proceeds of the Sale will be filed by the Sheriff
no later than thirty (30) days after the Sale. The Sheriff will distribute the proceeds in
accordance with that schedule unless exceptions thereto are filed within ten (10) days after the
Sheriff files the schedule.
Respectfully,
BENESCH, FRIEDLANDER, COPLAN
& ARONOFF LLP
Dated: August 19, 2011
F and Lemisch'(Pa. I.D. No. 43343)
er mith (Pa. I.D. No. 210032)
ibert y Place
1650 Market Street, Suite 3628
Philadelphia PA 19103
Telephone: 267-207-2947
Facsimile: 267-207-2949
2
EXHIBIT A
Doc 6680865 Ver l
EXHIBIT "A"
THE PREMISES
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Shiremanstown, Cumberland County,
Pennsylvania, in accordance with the survey of Ernest J. Walker, Registered Surveyor, dated August 26,
1971, as folk)ws, to wit:
BEGINNING at a point on the southern line of West Main Street, said point being located at the
northeastern comer of lands now or late of the United States Post Office; THENCE North 80 degrees 00
minutes 00 seconds East along the southern line of West Main Street, a distance of thirty and zero
hundredths (30.00) feet to a point; THENCE South 10 degrees 00 minutes 00 seconds East along the
western line of lands now or formerly of J. and D. Markets, a distance of one hundred sixty-four and zero
hundredths (164.00) feet to a pin on the northern line of Courtland Alley; THENCE South 80 degrees 00
minutes 00 seconds West along said northern line of Courtland Ailey, a distance of thirty and zero
hundredths (30.00) feet to a pin; THENCE North 10 degrees 00 minutes 00 seconds West along the
eastern line of lands now or formerly of the United States Post Office, a distance of one hundred sixty-four
and zero hundredths (164.00) feet to a nail on the southern line of West Main Street, the point and place
of BEGINNING.
HAVING ERECTED THEREON a two and one-half story frame dwelling house being known and
numbered as 8 West Main Street, Shiremanstown, Pennsylvania.
SHERIFF'S OFFICE OF CUMB
Ronny R Anderson
Sheriff
4x?y1tS' U1 ?.?t:uirrr. ?
Jody S Smith ?.
Chief Deputy
rY
Richard W Stewart
Solicitor OFF.-t
,ERLAND COUNTY
u t' lit
JAIN I I AN E0: C 0
CUMBEI7LA0 COUKTY
PEH,16YLVA fA
WP Pennsylvania, LLC
vs Case Number
.
Hensley Broadcasting, Inc. 2011-3851
SHERIFF'S RETURN OF SERVICE
09/27/2011 06:34 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action,
upon the property located at 8 West Main Street, Shiremanstown, PA 17011, Cumberland County.
10/07/2011 Ron Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and
inquiry for the within named Defendant, to wit: Jennifer L. Shatzer, but was unable to locate the Defendant
in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ,
Notice and Description, in the above titled action, according to law.
10/07/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of
Dauphin County upon Adult in Charge of Hensley Broadcasting, Inc., who accepted for Hensley
Broadcasting, Inc., c/o Joseph L. Green, Jr. at 112 Fawn Court, Harrisburg, PA 17110 on 10/3/11 at 0952
hrs. So Answers: W. Conway, Deputy, Sheriff.
12/07/2011 Ronny Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, Carlisle, Cumberland County, Pa. on December 7, 2011 at 10 a.m. He
sold the same for the sum of $1.00 to Attorney Jennifer E Smith, on behalf of WP Pennsylvania, 530 9th
Avenue, Kirkland, WA 98033. WP Pennsylvania being the buyer in this execution, paid to the Sheriff the
sum of $902.88
01/10/2012 Ronny R. Anderson , Sheriff, being duly sworn according to law, states this writ is returned STAYED.
SHERIFF COST: $RO2 ,6i3 SO ANSWERS,
January 10, 2012 RON R ANDERSON, SHERIFF
Co
-?-D LL_'Pa(-
(c) coun'ySuite Shenrf. 7elec.=.uft. Inc.
w
BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP
By: Raymond H. Lemisch (Pa. I.D. No. 43343)
Jennifer E. Smith (Pa. I.D. No. 210032)
One Liberty Place
1650 Market Street, Suite 3628
Philadelphia, PA 19103 Attorneys for Plaintiff, WP Pennsylvania, LLC
Telephone: 267-207-2947
Facsimile: 267-207-2949
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WP PENNSYLVANIA, LLC,
530 9th Avenue,
Kirkland, WA 98033
Plaintiff,
V.
: No. 2011-3851
HENSLEY BROADCASTING, INC., a
Pennsylvania corporation,
8 West Main Street,
Shiremanstown, PA 17011
Defendant.
STATE O WASHINGTON )
) ss.
COUNTY OF KING )
AFFIDAVIT PURSUANT TO RULE 3129.1
I am a President of WP Pennsylvania, LLC, plaintiff in the above action, and am
authorized to make this affidavit on Plaintiff's behalf and, as such, set forth as of the date the
praecipe for the writ of execution was filed the following information concerning the real
property located at 8 West Main Street, Shiremanstown, Pennsylvania, as more fully described in
Exhibit A annexed hereto and incorporated herein by reference in its entirety:
IL
1. Name and address of owner(s) or reputed owner(s) of the Property:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
WP Pennsylvania, LLC c/o Raymond H. Lemisch, Esquire
Benesch, Friedlander, Coplan & Aronoff LLP
1650 Market Street, Suite 3628
Philadelphia, PA 19103-7301
2. Name and address of defendant(s) in the judgment:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
Hensley Broadcasting, Inc. 8 West Main Street,
Shiremanstown, PA 17011
Hensley Broadcasting, Inc. c/o Joseph L. Green, Jr.
112 Fawn Ct.
Harrisburg, Pa. 17110
3. Name and address of every judgment creditor whose judgment is a record lien on
the property to be sold:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
WP Pennsylvania, LLC c/o Raymond H. Lemisch, Esquire
Benesch, Friedlander, Coplan & Aronoff LLP
1650 Market Street, Suite 3628
Philadelphia, PA 19103-7301
4. Name and address of the last recorded holder of every mortgage of record of the
property:
2
r "
Name
WP Pennsylvania, LLC
Address (if address cannot be reasonably
ascertained, please so indicate)
c/o Raymond H. Lemisch, Esquire
Benesch, Friedlander, Coplan & Aronoff LLP
1650 Market Street, Suite 3628
Philadelphia, PA 19103-7301
The Pennsylvania Minority Business Commonwealth Keystone Building
Development Authority 400 North Street
Harrisburg, PA 17120
Carl. C. Kuehn, II and Nancy D. Kuehn 3455 Shady Run
Melbourne, FL 32934
Estate of M. Dean Lebo
8 West Main Street
Shiremanstown, PA 17011
5. Name and address of every other person who has any record lien on the property:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
None.
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please so
indicate)
None.
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please so
indicate)
3
Name Address (if address cannot be
reasonably ascertained, please so
indicate)
Pennsylvania Dept. of Revenue
1206 State Office Building
1400 Spring Garden Street
Philadelphia, PA 19130
Pennsylvania Dept. of Revenue
Pennsylvania Dept. of Revenue
Pennsylvania Dept. of Revenue
Pennsylvania Department of Labor
and Industry
Internal Revenue Service
Cumberland County
Borough of Shiremanstown
1133 Strawberry Square
4th and Walnut Streets
Harrisburg, PA 17128
Attention: Corporation Taxes Bureau
1133 Strawberry Square
4th and Walnut Streets
Harrisburg, PA 17128
Attention: Collection and Taxpayer
Services Bureau
Bureau of Compliance
Business Clearance Section
P.O. Box 280947
Harrisburg, PA 17128-0947
Bureau of Corporation Tax
Obligations, Clearance Unit
Labor and Industry Building
Room 916
7th and Forster Streets
Harrisburg, PA 17121
Technical Services
Federal Building
600 Arch Street, Room 3259
Philadelphia, PA 19106
Office of Tax Assessment
1 Courthouse Square, Room 110
Carlisle, PA 17013
Tax Collector
211 Chestnut Street
Shiremanstown, PA 17011
4
1 verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
WP PENNS VANIA, LLC
J
By:
David Westburg
President
Dated:l 2011
Sworn and subscribed before
me this n_ day of PaAaAk?A , 2011.
Notary Public
My Commission expires: 10 - 6 (Q . l?c -
COURTNEYWM QSTROM
Std WOF WASH NGTM
NOTARY PUBLIC
MY CQMMMISM EXPIRES
5 Doc 6680875 Ver 1
:z V h z Sf v MZ
BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP
By: Raymond H. Lemisch (Pa. I.D. No. 43343)
Jennifer E. Smith (Pa. I.D. No. 210032)
One Liberty Place
1650 Market Street, Suite 3628
Philadelphia, PA 19103 Attorneys for Plaintiff, WP Pennsylvania, LLC
Telephone: 267-207-2947
Facsimile: 267-207-2949
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WP PENNSYLVANIA, LLC,
530 9t' Avenue,
Kirkland, WA 98033
Plaintiff,
V.
: No. 2011-3851
HENSLEY BROADCASTING, INC., a
Pennsylvania corporation,
8 West Main Street,
Shiremanstown, PA 17011
Defendant.
VIA CERTIFIED MAIL (RRR)
AND VIA REGULAR MAIL
TO: ALL PARTIES AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
Pursuant to Pennsylvania Rule of Civil Procedure 3129.2(c), you are hereby
notified that the real property ("Pro ert '), being or having heretofore been owned by defendant
Hensley Broadcasting, Inc. ("Defendant') in the above-captioned action ("Action"), is scheduled
to be sold by the Sheriff of Cumberland County (the "Sheriff') at a public auction (the "Sale") at
10:00 a.m. on December 7, 2011, in execution upon the judgment entered for the plaintiff in the
Action on June 14, 2011, in the amount of $771,000.00, with additional interest and costs as
specified therein.
The Sale will take place in the Cumberland County Courthouse, 1 Courthouse
Square, Room 303, Carlisle, Pennsylvania, on December 7, 2011 at 10:00 a.m.
The Property comprises all those certain lots or pieces of ground, with the
buildings and other improvements thereon erected, located at 8 West Main Street,
Shiremanstown, Pennsylvania 17011, a metes-and-bounds description of which is attached as
Exhibit A hereto.
Our records indicate that you have or may have an interest in the Property. If so,
your interest may be affected by the Sale. You may therefore wish to attend the Sale to protect
your interests.
A schedule of distribution of the proceeds of the Sale will be filed by the Sheriff
no later than thirty (30) days after the Sale. The Sheriff will distribute the proceeds in
accordance with that schedule unless exceptions thereto are filed within ten (10) days after the
Sheriff files the schedule.
Respectfully,
BENESCH, FRIEDLANDER, COPLAN
& ARONOFF LLP
Dated: August 19, 2011 L
R and Lemisch'(Pa. I.D. No. 43343)
J 'fer mith (Pa. I.D. No. 210032)
ne Liberty Place
1650 Market Street, Suite 3628
Philadelphia PA 19103
Telephone: 267-207-2947
Facsimile: 267-207-2949
2
EXHIBIT A
Doc 6680865 Ver
EXHIBIT "A"
THE PREMISES
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Shiremanstown, Cumberland County,
Pennsylvania, in accordance with the survey of Ernest J. Walker, Registered Surveyor, dated August 26.
1971, as follows, to wit:
BEGINNING at a point on the southern line of West Main Street, said point being located at the
northeastern corner of lands now or late of the United States Post Office; THENCE North 80 degrees 00
minutes 00 seconds East along the southern line of West Main Street, a distance of thirty and zero
hundredths (30.00) feet to a point; THENCE South 10 degrees 00 minutes 00 seconds East along the
western line of lands now or formerly of J. and D. Markets, a distance of one hundred sixty-four and zero
hundredths (164.00) feet to a pin on the northern line of Courtland Alley. THENCE South 80 degrees 00
minutes 00 seconds West along said northern line of Courtland Alley, a distance of thirty and zero
hundredths (30.00) feet to a pin; THENCE North 10 degrees 00 minutes 00 seconds West along the
eastern line of lands now or formerly of the United States Post Office, a distance of one hundred sixty-four
and zero hundredths (164.00) feet to a nail on the southern line of West Main Street, the point and place
of BEGINNING.
HAVING ERECTED THEREON a two and one-half story frame dwelling house being known and
numbered as 8 West Main Street, Shiremanstown, Pennsylvania.
:Z V h Z 1? i lE?l
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 11-3851 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WP PENNSYLVANIA Plaintiff (s)
From HENSLEY BROADCASTING, INC.
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $771,000.00
Interest
Atty's Comm: %
Atty Paid: $175.50
Plaintiff Paid:
Date: 8/22/11
(Seal)
L.L.: $.50
Due Prothy: $2.00
Other Costs:
?vid D. Buell rothonotary
By:
Deputy
REQUESTING PARTY:
Name: JENNIFER E. SMITH, ESQUIRE
Address: 1650 MARKET STREET, SUITE 3628
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 303-442-7011
Supreme Court ID No. 210032
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said Court at Carlisle, Pa.
This - 29'-day of 20 11
Prothonotary
On August 25, 2011 the Sheriff levied upon the
defendant's interest in the real property situated in
Shiremanstown Borough, Cumberland County, PA,
Known and numbered as, 8 West Main Street,
Shiremanstown, more fully described on Exhibit
"A" filed with this writ and by thi? reference
incorporated herein.
Date: August 25, 2011
By:
Real Estate Coordinator
:z V h z 9m o 8z
CUMBERLAND LAW JOURNAL
Writ No. 2011-3851 Civil
WP Pennsylvania, LLC
VS.
Hensley Broadcasting, Inc.
Atty.: Jennifer E. Smith
ALL THAT CERTAIN piece or par-
cel of land situate in the Borough
of Shiremanstown, Cumberland
County, Pennsylvania, in accordance
with the survey of Ernest J. Walker,
Registered Surveyor, dated August
26, 1971, as follows, to wit:
BEGINNING at a point on the
southern line of West Main Street,
said point being located at the
northeastern corner of lands now
or late of the United States Post
Office: THENCE North 80 degrees
00 minutes 00 seconds East along
the southern line of West Main
Street, a distance of thirty and
zero hundredths (30.00) feet to a
point; THENCE South 10 degrees
00 minutes 00 seconds East along
the western line of lands now or
formerly of J. and D. Markets, a
distance of one hundred sixty-four
and zero hundredths (164.00) feet
to a pin on the northern line of
Courtland Alley; THENCE South
80 degrees 00 minutes 00 seconds
West along said northern line of
Courtland Alley, a distance of thirty
and zero hundredths (30.00) feet to
a pin; THENCE North 10 degrees 00
minutes 00 seconds West along the
eastern line of lands now or formerly
of the United States Post Office, a
distance of one hundred sixty-four
and zero hundredths (164.00) feet to
a nail on the southern line of West
Main Street, the point and place of
BEGINNING.
HAVING ERECTED THEREON a
two and one-half story frame dwelling
house being known and numbered as
8 West Main Street, Shiremanstown,
Pennsylvania.
43
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly swom, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 21, October 28, and November 4, 2011
Affiant further deposes that It is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of geieral circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and charater of publication are true.
L?11 saMarie Coyne/Editor
SWORTO AND SUBSCRIBED before me this
4 day of November, 2011
?- - Notary
RAH A COLLINS
FCARLISLE TARIAL SEAL
otary Public
UGH, CUMBERLAND COUNTY
ion Expires Apr 28, 201 4
2011-3851 Clvll Term
WP Pennsylvania, LLC
% Vs
"ensley Broadcasting, Inc.
Atty. Jennifer E Smith
ALL THAT CERTAIN piece or parcel
of land situate in the Borough of
Shiremanstown, Cumberland County,
Pennsylvania, in accordance with the survey
of Ernest J. Walker, Registered Surveyor,
dated August 26,1971, as follows, to wit:
BEGINNING at a point on the southern
line of West Main Street, said point being
located at the northeastern corner of
lands now or late of the United States Post
Office: THENCE North 80 degrees 00
minutes 00 seconds East along the southern
line of West Main Street, a distance of
thirty and zero hundredths (30.00) feet to
a point; THENCE South 10 degrees 00
minutes 00 seconds East along the western
line of lands now or formerly of J. and D.
Markets, a distance of one hundred sixty-
four and zero hundredths (164,00) feet to
a pin on the northern line of Courtland
Alley; THENCE South 80 degrees 00
minutes 00 seconds West along said
northern line of Courtland Alley, a distance
of thirty and zero hundredths (30.00) feet
to a pin; THENCE North 10 degrees 00
minutes 00 seconds West along the eastern
line of rods now or formerly of the United
States ibst Office, a distance of one
hundred sixty-four and zero hundredths
(164.00) feet to a nail on the southern line
of West Main Street, the point and place of
BEGINNING.
HAVING ERECTED THEREON a two
and one-half story frame dwelling house
being known and numbered as 8 West Main
Street, Shuamanstown, Pennsylvania.
i'
The Patriot-News Co..
2020 Tac hno ogy Pkwy
Suite ;300
Mechanicsburg, PA 17050
Inquiries 717-255-8213
CUMBERL,^ NC CO. SHERIFFS OFFICE
CUMBERLANC, COUNTY COURT HOUSE.
i4f Patr1*0t'WX(W5
Now you know
CARL-ISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Holly Blain. bein :, duly sworn according to law, deposes and says:
That she is a Sniff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Penn :,ylvania, with its principal office and place of business at 21120 Technology Pkwy, Suite 300, in the
Township of Hampden, (:,ounty of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patri A-News and The Sunday Patriot-News were established March 4th, 1854. and September 18th, 1949,
respectively, and all hav been continuously published ever since;
That the printed notice or publication which is securely attached hereto is Exactly as printec and published in their regular
daily and/or Sunday/ Cocrimunity Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested it the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and ct- aracter of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-Nees Cu. aforesaid by virtue and pursuant to a resolution unanimously passed and adopied severally by the
stockholders and board :)f directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County o Dauphin in Miscellaneous Book "M Volume 14, Page 317.
PUBLICATION COPY
This ad ran on the date(s) shown below:
10/21/11
Sworn to and subscribed before me this 164 'fay of November. 2011 A.D.
i
........ .
Notary Public
COMMONWEALM OF PENNSYLVANIA
Notarial Soal
Sherrne L. Owens, Notary Public
ower Paxton TwP., Dauphin County
My Commission Expires Nov. 26, 2015
114E ER, PENNSYLVANIA ASSOCIATION OF NOTARIES
ti
10/28/11
11/04/11
COMN(()N`:,0EALTH OF PENNSYLVANIA
COU TY OF CUMBERLAND
SS:
[_ Ro. Kart P. Ziey-ler, Recorder of Deeds in and for said County and State do hereby certify that
the Sher] t'fi s l >eec. in which WP Pennsylvania LLC is the grantee the same having been sold to said
grantee on 'th( 7 day of December A.D., 2011, under and by virtue )f a writ Execution issued on the 22
day of Augus , . A.D., 2011. out of the Court of Common Pleas of said County as ?:af CP il_ Term, 2011
Number .3851. at the suit of WP Pennsylvania LLC against Hensley Broadcastin?4 Inc. is duly recorded
as Instrurnent 'Jurnber 201201008.
IN TESTIMONY WHEREOF, I have hereunto set my hand
ao seal of said office this day of
t r Recorder of Deeds
!?;)prss bnbwWd CM14 Ca?sle, PA
My the First Monday alai. 2014
4