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HomeMy WebLinkAbout13-3810 Supreme Court of Pennsylvania Cour ,of Common For Prothonotary Use Only: C 'C6Ver heet Docket No: ` CUMBERLAND If�r County b i ` The information collected on this form is used solely for court administration purposes. This fibrin does not supplement or replace the filing and service of pleadings or other papers as required by late or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T Citadel Broadcasting Company Trustworthy Radio, LLC d /b /a WHYL 960 AM Radio I Are money damages requested? 0 Yes El No Dollar Amount Requested: Dwithin arbitration limits 0 (check one) Doutside arbitration limits N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? Q Yes 0 No A Name of Plaintiff /Appellant's Attorney: Megan C. Huff 0 Check here if you have no attorney (are a Self - Represented (Pro Se) Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Alass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle _i Debt Collection: Other Board of Elections Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) C J Employment Dispute: Slander /Libel/ Defamation Discrimination C © Other: 0 Employment Dispute: Other Zoning Board T 0 Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco ❑ Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: 0 Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal Quiet Title 0 Other: Medical 0 Other: Other Professional: Updated 1/1/2011 Megan C. Huff, Esquire, I.D. No. 84391 :;i- p£, NESTICO DRUBY, PCB lt1,ti r 1135 East Chocolate Avenue, Suite 300 70i JUL ` 2 AV I I. I Hershey, PA 17033 „ (717) 533 -5406 f.�WI � �� £(A'LAND COUN (717) 533 -5717 fax PPM NS YLVANIA MHuff@HersheyPALaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITADEL BROADCASTING COMPANY, Plaintiff, No. 13 - 3 F I D �✓ V. TRUSTWORTHY RADIO, LLC d /b /a WHYL 960 AM RADIO, Defendant. NOTICE 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 against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, PA 17013 S 717- 249 -3166 ��agac�3s AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 34 S. Bedford Street Carlisle, PA 17013 717 -249 -3166 Megan C. Huff, Esquire, I.D. No. 84391 NESTICO DRUBY, PC 1135 East Chocolate Avenue, Suite 300 Hershey, PA 17033 (717) 533 -5406 (717) 533 -5717 fax MHuff@HersheyPALaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITADEL BROADCASTING COMPANY, Plaintiff, No. V . TRUSTWORTHY RADIO, LLC d /b /a WHYL 960 AM RADIO, Defendant. COMPLAINT NOW COMES, Plaintiff Citadel Broadcasting Company, by and through its undersigned attorneys, and complains of Defendant Trustworthy Radio, LLC d /b /a WHYL 960 AM Radio, as follows: 1. Plaintiff is Citadel Broadcasting Company, a Nevada corporation, qualified to do business in the Commonwealth of Pennsylvania, with a registered office address of c/o CT Corporation System, 1515 Market St #1210 Philadelphia, Pennsylvania 19102, a principal place of business at 3280 Peachtree Road, NW, Suite 2300, Atlanta, Fulton County, Georgia 30305, and a local office at 2300 Vartan Way, Suite 130, Harrisburg, Pennsylvania 17110. 2. Defendant is Trustworthy Radio, LLC, a Pennsylvania limited liability company, with a principal place of business at 1703 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant does business as WHYL 960 AM Radio. 4. Through an oral agreement, Defendant, as tenant, has a lease ( "Lease ") with Plaintiff, as landlord, for use of the real property known as 1703 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013 (the "Property ") in exchange for payment of rent and other charges. A true and correct copy of the unsigned Lease is attached hereto as "Exhibit A" and incorporated by reference. 5. The Lease was amended to reduce the monthly rent to $1,000.00 per month and the monthly Common Area Maintenance ( "CAM ") charges to $350.00 per month. A true and correct copy of the Addendum is attached hereto as "Exhibit B" and incorporated by reference. 6. Defendant is in default of its monthly rental and CAM payments because Defendant has failed and refused to make timely, monthly payments as required. 7. Plaintiff has received no payment on the Lease since May 14, 2012. 8. On April 23, 2013, Plaintiff served a Notice to Quit on Defendant. A true and correct copy of the Notice to Quit is attached hereto as "Exhibit C" and incorporated by reference. 9. Defendant has failed and refused to timely cure the defaults of which it was notified by Plaintiff's Notice to Quit. 10. To date, Plaintiff is owed the sum of $27,325.00 in rent and CAM charges, which is calculated as follows and is expected to increase: 2011 and prior to: $11,475.00 2012 Rent and CAM Charges: $16,200.00 2013 Rent and CAM Charges to date: $ 9,100.00 Less Payments in 2012: -$ 9,450.00 TOTAL: $27,325.00 2 11. Defendant is in default of the parties' Lease for failure to timely pay the Rent and CAM Charges. 12. By reason of Defendant's default, Plaintiff terminated the Lease. See "Exhibit C." 13. Despite Defendant's default and Plaintiff's termination of the Lease, Defendant has failed and refused to vacate and surrender possession of Property. 14. Defendant is wrongfully occupying the Property. 15. Defendant should be ejected from the Property. WHEREFORE, Plaintiff Citadel Broadcasting Company respectfully requests your Honorable Court to enter judgment in rem in its favor and against Defendant Trustworthy Radio, LLC d /b /a WHYL 960 AM Radio for possession of the Property located at 1703 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013, and award Plaintiff any other relief the Court deems just and proper. Respectfully Submitted, NESTICO DRUBY, P.C. Date: / By: Meg n C. Hu , I.D. No. 84391 1135 E. Choc ate A ue, Suite 300 Hershey, PA 17033 (717) 533 -5406 Telephone (717) 533 -5717 Fax Attorneys for Plaintiff 3 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITADEL BROADCASTING COMPANY, Plaintiff, No. V. i i TRUSTWORTHY RADIO, LLC d/b /a WHYL 960 AM RADIO, Defendant. c i I VERIFICATION j I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: �° 13 By: Ron Giov e n tP/LMarketM:an)ger llo i Regional f LEASE FOR STUDIO BUILDING, 1703 WALNUT BOTTOM RD, CARLISLE, PA 1. PARTIES. This Lease, dated for reference purposes only , is made by and between Citadel Communications Corp. ( "Landlord "), and Route 81 Radio, LLC ( "Tenant "). 2. SUMMARY OF BASIC TERMS. The Tenant is the Buyer of certain of the Assets of Citadel Broadcasting Company ( "Seller") by Agreement dated August 8, 2003. The Tenant desires to occupy the space used presently by Seller to operate radio station WHYL at 1703 Walnut Bottom Road, Carlisle, PA. ("the Premises ") The lease granted herein is intended to provide rights for Tenant to both take possession of the said Assets purchased from Seller at Closing as defined in said agreement and allow Tenant to continue operation of WHYL with such assets while Tenant secures other space and arranges to relocate the Assets and Station operations to Tenant's new facility. The space to be occupied hereunder by Tenant is the entire Building now owned by the Landlord, at 1703 Walnut Bottom Road, Carlisle, PA and presently used by the Landlord as studios for Radio Stations WHYL -AM and WRKZ -FM. However, the Landlord and Tenant intent that the Seller retain access to the WRKZ -FM master control room in the building to conduct Sellers daily morning show between 5 AM and 12 Noon local time. 3. DEMISE AND TERM. Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord, subject to all of the terms, covenants and conditions in this EXHIBIT Lease, on a month to month basis. The Premises are leased for the Lease Term, which shall commence on the Commencement Date and shall expire not more than one year after the Commencement Date, unless sooner terminated pursuant to the provisions of this Lease. 4. POSSESSION. This lease shall begin on the date of Closing of a certain Agreement of Sale for Purchase of Assets between the parties dated August 8, 2003, ( "Commencement Date "). Closing date is now tentatively scheduled for January 27, 2004 but may be changed by the Buyer and Seller in accordance with the said Agreement terms. Upon Landlord's request, Tenant shall confirm the Commencement Date in writing, but Tenant's failure to do so shall not affect the commencement of the Lease Term. 5. RENT. Tenant shall pay to Landlord as rent for the Premises a monthly rent (the "Monthly Rent ") of Fifteen Hundred Dollars ($1,500.00). The Monthly Rent shall be paid in advance by the tenth day of the beginning of each month. The Monthly Rent for any period during the Lease Term which is for less than one (1) month shall be prorated based on a thirty (30) -day month. 6. OPERATING EXPENSES. Landlord shall pay all operating expenses of the building, including but not limited to utilities, heat, taxes, sewer, repairs to the premises or other normal expenses for maintenance of the property. Tenant shall be responsible only for such costs and necessary to reconfigure any space as necessary to meet tenant's needs and for cleaning of tenant's space withing the building. 7. USE OF PREMISES. Tenant shall use the Premises only for a broadcasting studio and for operations in support of broadcasting and shall not use or permit the Premises to be used for any other purpose. Tenant shall not use the Premises or permit anything to be done in or about the Premises, the Building or the Land which will in any way conflict with any law, statute, ordinance, code, rule, regulation, requirement, license, permit, certificate, judgment, decree, order or direction of any governmental or quasi- govemmental authority, agency, department, board, panel or court (singularly and collectively "Laws "). Tenant shall obtain and maintain in effect during the Lease Term all licenses and permits required for the proper and lawful conduct of Tenant's business in the Premises, and shall at all times comply with such licenses and permits. The Seller shall have reasonable access to the WRKZ -FM master control room in the building to conduct Sellers daily morning show between 5 AM and 12 Noon local time. Seller shall comply with Tenant's reasonable rules and regulations as to Seller's access and use of the indicated area such as to allow for security and to reduce any conflict as to the use of the premises. 8. TERMINATION. Tenant may terminate this lease upon 30 days written notice to Landlord. Landlord may terminate this lease before the Term set forth in Section 3 above if Tenant fails to pay any monthly rent payment withing the period provided. 9. ALTERATIONS AND ADDITIONS. Tenant shall not make or permit to be made any alterations, additions or improvements (singularly and collectively "Alterations ") to or of the Building or the Premises or any part thereof without the prior written consent of Landlord in each instance. However, Landlord's consent shall not be required for minor decorations of the Premises such as wall coverings and wall hangings, built -in cabinetry and movable partitions, nor for the installation of furnishings and studio or office equipment. 10. QUIET ENJOYMENT. So long as Tenant pays all rent and performs all of its other obligations as required hereunder, Tenant shall quietly enjoy the Premises without hindrance or molestation by Landlord or any person lawfully claiming through or under Landlord, subject to the terms of this Lease and the terms of any Mortgages, and all other agreements or matters of record or to which this Lease is subordinate. IN WITNESS WHEREOF, the parties hereto have executed this Lease at the place and on the dates specified below next to their respective signatures. "LANDLORD" CITADEL COMMUNICATIONS CORP. Date: By: Its: "TENANT" ROUTE 81 RADIO, LLC Date: By: Lloyd B. Roach Its: Chief Executive Officer Addendum to 1703 Walnut Bottom Rd Lease Change to Paragraph 5 The "Monthly Rent" will change to One Thousand ($1,000). Change to Paragraph 6 The Tenant shall pay all operating expenses including but not limited to utilities, heat, —taxed sewer, vQA" and repairs to the premises or other normal expenses for maintenance of the property. In addition to the "Monthly Rent" the Tenant will pay a monthly Common Area Maintenance ( "CAM ") of three hundred and fifty ($350) dollars per month to cover taxes, water and sewer charges that will remain in the Landlord's name. The CAM charges are an estimate based on prior year. An annual reconciliation of the charges will take place to determine the actual amount the will be responsible for paying. In the event that the CAM charges collected exceed the amount needed, the Landlord will refund tenant the difference. Change to Paragraph 8 Tenant or Landlord may terminate this lease upon a OQ -day notice. EXHIBIT NOTICE TO QUIT Date: April 23, 2013 TO: Trustworthy Radio, LLC d/b /a WHYL 960 AM Radio 1703 Walnut Bottom Road Carlisle, PA 17013 You are hereby notified that in consequence of your default in failing to timely pay the rent and other charges with regard to the above - referenced premises now occupied by you, the Landlord hereby elects to terminate your lease. You are hereby notified to quit and deliver up possession of the premises to the Landlord within ten (10) days from the date of service hereof. Respectfully Submitted, NESTICO DRUBY, P.C. Date: B 7_ �_� ;F Megan C. Huff', Esquire, J.D. No. 84391 1135 E. Chocolate Avenue, Suite 300 Hershey, PA 17033 (717) 533 -5406 Telephone (717) 533 -5717 Fax Attorneys for Citadel Broadcasting Company EXHIBIT SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff L V—t PR Jody S SmithTf� is t Chief Deputy 25 13 JUL 19 PM 3. Richard W Stewart "x Solicitor 0" LIMB 1L 0 GOU'l ql NfASYLVAN1A Citadel Broadcasting Company vs. Case Number Trustworthy Radio, LLC d/b/a WHYL 964 AM Radio 2013-3810 SHERIFF'S RETURN OF SERVICE 07/12/2013 11:16 AM-Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Dennis Gerkin, News Director, who accepted as"Adult Person in Charge"for Trustworthy Radio, LLC d/b/a WHY 960 AM Radio at 1703 Walnut Bottom Road, South Middleton, Carlisle, PA 17013. LIAM CLINE, DEPUTY SHERIFF COST; $35.24 SO ANSWERS, 0 6�July 15, 2013 RONNY R ANDERSON, SHERIFF (c)CcuntySuite Sheriff,Teleosoft,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CITADEL BROADCASTING COMPANY, Plaintiff, No. 13-3810 Civil C=. V. --O:K mcu MM TRUSTWORTHY RADIO,LLC d1b/a WHYL 960 AM RADIO, r CD 7-- — =-.1 > Defendant. =C:)5;(= C�Ir. PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment in favor of Citadel Broadcasting Company and against Defendant Trustworthy Radio, LLC d/b/a WHYL 960 AM Radio for failure to file an Answer to Plaintiffs Complaint, endorsed with Notice to Defend, within twenty days from service the'reot. A true and correct copy of the ten-day notice is attached hereto and incorporated by reference. Respectfully Submitted, NESTICO DRUB ;PC Date:— 419,1(3 By: Me Wn C. H I.D.No. 84391 1135 E. Cboc25nue, Suite 300 Hershey, PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorneys for Plaintiff 4 NESTICO DR UBY, P.C. ATTORNEYS AT LAW 1135 East Chocolate Avenue Suite 300 Hershey,PA 17033 (717)533-5406 Fax(717)533-5717 August 6. 2013 Trustworthy Radio. LLC d/b/a WHYL 960 AM Radio 170') Walnut Bottom Road Carlisle. PA 17013 RE. Citadel Broadcasting Companj, V. Trusthvordu Radio, LL d/b/a {1 HYL 960 AM Radio No. 13-3810 Civil Dear Sir or Madam: Enclosed please find an Important Notice.. If you have any questions or concerns. you should consult with your attorney. Sincerely. NESTICO DRUBY. P.C.- By: =- Metgan C. Hiitt C'C: Roll Giol'ClillliellO (via e-mail) www.hersheypalaw.com www.gasleaseattomeys.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITADEL BROADCASTING COMPANY, Plaintiff, No. 13-3810 Civil V. TRUSTWORTHY RADIO, LLC d/b/a WHYL 960 AM RADIO, Defendant. TO: TrustwonhN. Radio. LLC d/b/a \k'HYL 966 AM Radio 1703 Walnut Bottom Road Carlisle. PA 17013 Date of Notice: August 6. 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT \\,'I-FHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE 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 YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 1 Cumberland County Bar Association 34 S. Bedford Street Carlisle. PA 17013 717-249-3166 Respectfully Submitted, NESTICO DRUB}';.PC - Date: _ ' z B,, Megan C. Huff' 'scttire. I.D. No. 84391 1135 E. Chobolate t4rnue. Suite 300 Hershey. PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorneys for Plaintiff l� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITADEL BROADCASTING COMPANY, Plaintiff, No. 13-3810 Civil TRUSTWORTHY RADIO, LLC d/b/a , WHVL 960 AM RADIO, Defendant. CERTIFICATE OF SERVICE I. Megan C. Huff. Esquire, counsel for Plaintiff hereby certify that I served a true and correct copy of the turegoing. by first class mail. postage prepaid. on the 11ollowin": Trustworthy Radio. LLC d/b./a V►'HYL 960 AM Radio 1703 Walnut Bottom Road Carlisle. PA 17013 NESTICO DRUBN'. PC_ - Date: '` ° \Me ran C. Hutt`, ,quire..I.D. No. 81391 1 135 E. Cho6late Avenue. Suite 300 Hershey. PA 7033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorneys for Plaintiff 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITADEL BROADCASTING COMPANY, Plaintiff, No. 13-3810 Civil V. ' TRUSTWORTHY RADIO,LLC d/b/a WHYL 960 AM RADIO, Defendant. CERTIFICATE OF SERVICE I, Megan C. Huff, Esquire, counsel for Plaintiff hereby certify that I served a true and correct copy of the foregoing, by first class mail, postage prepaid, on the following: Trustworthy Radio, LLC d/b/a WHYL 960 AM Radio 1703 Walnut Bottom Road Carlisle, PA 17013 NESTICO DRUBY, PC Date: L3 By: C' Meg C. H it I.D. No. 84391 1135 E. Choc venue, Suite 300 Hershey, PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITADEL BROADCASTING COMPANY, Plaintiff, No. 13-3810 Civil V. TRUSTWORTHY RADIO, LLC d/b/a WHYL 960 AM RADIO, Defendant. NOTICE OF ENTRY OF JUDGMENT (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you for possession of the real property described as follows: 1703 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. (X) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. PROTHONOTARY OF CUMBERLAND COUNTY By: If you have any questions regarding this Notice, please contact the filing party: NAME: Megan C. Huff, Esquire ADDRESS: 1135 East Chocolate Avenue Suite 300 Hershey, PA 17033 TELEPHONE: (717) 533-5406 (This Notice is given in accordance with Pa. R.C.P. 236) Notices sent to: Trustworthy Radio, LLC d/b/a WHYL 960 AM Radio 1703 Walnut Bottom Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CITADEL BROADCASTING COMPANY, Plaintiff, No. 13-3810 Civil V. G1 TRUSTWORTHY RADIO,LLC d/b/a WHYL 960 AM RADIO, Defendant. CERTIFICATION OF ADDRESSES Megan C. Huff, Esquire, attorney for Plaintiff Citadel Broadcasting Company certifies that the registered address of Plaintiff is c/o CT Corporation System, 1515 Market Street, #1210, Philadelphia, Pennsylvania 19102. Plaintiff has a principal place of business at 3280 Peachtree Road, NW, Suite 2300, Atlanta, Georgia 30305, and a local office at 2300 Vartan Way, Suite 130, Harrisburg, Pennsylvania 17110. 1 further certify that Defendant Trustworthy Radio, LLC has a principal place of business at 1703 Walnut Bottom Road, Carlisle, Pennsylvania 17013. Respectfully Submitted, 'V--D NESTICO DRUB -1-C Date: By: i I.D.No. 84391 1135 E. Cho �Aftnue, Suite 300 Hershey, PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorneys for Plaintiff P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CITADEL BROADCASTING COMPANY, Plaintiff, No. 13-3810 Civil V. r TRUSTWORTHY RADIO, LLC d/b/a -aa WHYL 960 AM RADIO, Defendant. -< ' PRAECIPE FOR WRIT OF POSSESSION � E TO THE PROTHONOTARY: Please issue a writ of possession in the above matter. Respectfully Submitted, NESTICO DRUBY, PC Date: 19 13 By: Meg C. Hu 0 e I.D. No. 84391 1135 E. Ch olatee, Suite 300 Hershey, PA 1 (717) 533-5406 Telephone (717) 533-5717 Fax Attorneys for Plaintiff C16 3s.2 tl X330 fo3 /f3.9V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITADEL BROADCASTING COMPANY, Plaintiff, No. 13-3810 Civil V. TRUSTWORTHY RADIO,LLC d/b/a WHYL 960 AM RADIO, Defendant. CERTIFICATE OF SERVICE I, Megan C. Huff, Esquire, counsel for Plaintiff hereby certify that I served a true and correct copy of the foregoing, by first class mail, postage prepaid, on the following: Trustworthy Radio, LLC d/b/a WHYL 960 AM Radio 1703 Walnut Bottom Road Carlisle, PA 17013 NESTICO DRUBY, PC Date: 81 1911-3 By: Meg C. H e I.D. No. 84391 1135 E. Choc - nue, Suite 300 Hershey, PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITADEL BROADCASTING COMPANY, Plaintiff, No. 13-3810 Civil V. TRUSTWORTHY RADIO, LLC d/b/a WHYL 960 AM RADIO, Defendant. WRIT OF POSSESSION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment for possession in the above matter, you are directed to deliver possession of the following-described property to Plaintiff Citadel Broadcasting Company: The real property described as 1703 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. PROTHONOTARY FOR CUMBERLAND COUNTY By:�l CZZJ�GGic�� Date:J.f . I,3 /- Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,L TH Sheriff irk, rr ti , Jody S Smith Chief Deputy 2013 SEP I I AM 1Q' 1 ��, Richard W Stewart (CUMBERLAND ND COUNTY Solicitor OFFICE OF T14E SMEWc p FN N S Y LVA N I A Citadel Broadcasting Company Case Number vs Trustworthy Radio, LLC d/b/a WHYL 960 AM Radio 2013-3810 SHERIFF'S RETURN OF SERVICE 09/06/2013 10:35 AM-Jeff Kolodzi, Deputy Sheriff,who being duly sworn according to law, states that on September 6, 2013 at 1035 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Trustworthy Radio, LLC d/b/a WHYL 960 AM Radio, by making known unto Dennis Gerlin,Adult in Charge, at 1703 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. JEFZFK DZ, DEPUTY SHERIFF COST: $43.81 SO WERS, �Y4 September 09, 2013 RbNW R ANDERSON, SHERIFF (c)County—SuRe Teleosoft,Inc, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff THE PR0•I"HC ton.-1 r'y Jody S Smith Chief Deputy 2013 SP 27 AM 1 : 6 �"'� Richard W Stewart UMBERLAND COUNTY Solicitor OFFICE OP THE Sk„RIFF PENNSYLVANIA Citadel Broadcasting Company Case Number vs. 2013-3810. Trustworthy Radio, LLC d/b/a WHYL 960 AM Radio SHERIFF'S RETURN OF SERVICE 09/06/2013 10:35 AM-Jeff Kolodzi, Deputy Sheriff, who being duly sworn according to law, states that on September 6, 2013 at 1035 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant,to wit: Trustworthy Radio, LLC d/b/a WHYL 960 AM Radio, by making known unto Dennis Gerlin,Adult in Charge, at 1703 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/26/2013 By virtue of this writ, Sheriff Ronny R.Anderson caused the within named Plaintiff to have possession of the premises described as 1703 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. SHERIFF COST: $83.78 SO ANSWERS, September 26, 2013 RON R ANDERSON, SHERIFF lq/ (c)CountySuite Sheriff,Teleosoft.Inc.