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HomeMy WebLinkAbout01-06051 . .'" F:\FILBS\DATAFILE\Gendoc,cun10301-corn.lltde Created: 04/04/01 04:56:45 PM RfviseJ: 10f22/J:n09:55:15AM , . BENNYR. STARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- tPDSI ClVILACTION - LAW HENRY HEFLICH, JR., Individually, and t/d/b/a SUMMIT FARMS, Defendants 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~", ,I <'""",i.,-,~ .,.., 0' "~ '" ~~< F:\FILES\DA T AFILE\Gelldoc.clJl"\10301-00m.l Heated; 04fO:!/Ol09:37:51AM Revised; 10/22/01 09:55:59 AM , , BENNY R STARNER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO.2001- (0651 CIVIL ACTION - LAW HENRY HEFLICH, JR, Individually, and tJdIb/a SUMMIT Ii'ARMS, Defendants COMPLAINT L Plaintiff, Benny R Stamer, is an adult individual who resides at 374 Georgetown Road, Gardners, Cumberland County, Pennsylvania 17324. 2. Defendant is Henry Heflich, Jr., individually and tJdIb/a Summit Farms, having a business address at Summit Farms, P.O. Box 9, Summit Station, Schuylkill County, Pennsylvania 17979. 3. On January 6, 1999, Plaintiff and Defendant entered into a written lease agreement whereby Defendant leased from Plaintiff a certain farm situate on Georgetown Road, Cumberland County, Pennsylvania for the purpose of a hog finishing farm; a copy of said lease agreement, together with a written addendum of even date, (herein collectively, the "Lease") is attached hereto, marked Exhibit "A," and incorporated herein by reference. 4. Pursuant to the terms of the Lease, Plaintiff tendered possession of the farm to Defendant on January 6, 1999 and Defendant accepted possession ofthe same. 5. Since January 6, 1999, Defendant has remained in possession ofthe farm and has conducted a hog fInishing operation on the premises. 6. The Lease requires Defendant to pay Plaintiff the sum of $33,600.00 annual rent payable in montWy installments of$2,800.00 on the first day of each and every month ofthe term. 7. Defendant has failed to pay all rent reserved under the Lease, whereby unpaid rent in the amount $39,586.00 is now due; a calculation of the unpaid rent, giving credit for payments made, is attached hereto, marked Exhibit "B," and incorporated herein by reference. 8. The parties have never entered a written agreement to change, modifY, terminate or otherwise discharge the terms ofthe Lease. %'-. ,,.....'"" 9. On February 27, 2001 and again on September 10, 2001, Plaintiff made written demands upon Defendant for payment of all unpaid rent accrued through September 1, 2001, which demands were forwarded to Defendant by certified mail, return receipt requested; a copy of said written demands are attached hereto, marked Exhibits "c" and "D," and incorporated herein by reference. 1 O. Pursuant to the provisions of Paragraph 20 B of the Lease, Plaintiff is entitled to a late charge equal to ten (10) percent of the unpaid rent 1 L At the time of the filing of this Complaint, late charges amount to $3,959.00. 12. There is attached hereto and marked Exhibits "E" and "F," return receipts card for the notices identified in paragraph 9 of this Complaint, which return receipts were signed by or on behalf of the Defendant 13. Defendant has further breached the terms of the Lease, and specifically the terms of paragraph 10 therein, whereby bn or about Spring, 2000, Defendant's operations caused a manure spill and Defendant failed to take prompt remedial measures to clean up the spill. 14. As a result of Defendant's failure to take prompt remedial measures to clean up the manure spill, Plaintiff was fqrced to undertake prompt remediation to avert environmental contamination and incurred the'following expenses related thereto: Straw (Absorption) $20.00 Labor $125.00 15. Plaintiff makes demand upon the Defendant for the payment of the costs of remediation in the amount of$145.00. 16. Defendant wrongfully removed from Plaintiff s barn the feed system which was part ofthe original barn construction. There is attached hereto and marked as Exhibit "G," a quotation in the amount of$15,62226 for the replacement of this system and Plaintiff makes demand upon Defendant for repayment of this amount 17. Pursuant to the terms of Paragraph 20 ofthe Lease, Plaintiff is entitled to his costs and his reasonable attorney's fees, to be determined as of the time of entry of judgment, in this matter. -" i [ ""~""-\;,- -. - .~ "1..,-;,- '=',C,: WHEREFORE, Plaintiff demands of Defendant judgment in the amount of$59 ,312.26, plus costs, plus interest, plus reasonable attorney's fees, plus unpaid rent charges and late charges accruing after the date ofthe filing ofthis Complaint, all of which is in excess of the limit requiring compulsory arbitratio~ under local rules of court. MARTSON DEARDORFF WILLIAMS & OTTO Date: October 22,2001 B'_~~~~_ Edward L Scho p, Esqu' Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff ;;'~mlilJ<tl',;jI1,~~-itfri/lll.,S>~lllii'ialilii/tiiIM,.1!l:;~11L\",;~"-"',~:;0iillf;i,,,..:',t~~-\'fii~itMm1i!8--q-'~~fi$Mi_~lli"~' I ~,~ H (") c < "oee ~Jq:" ~;S~ ----<:~ .-::.', r'Ci i~c; '" ~ j;,~ ~ -< ~" o o ~'n C> " --l N (....J' :-~ , 8 ~ ~-.~ ,~'",:! ~----: --i--4 o -.:--Pl ,,) );! :u -< ::.:: ..k :n I" "."""",~ - ~ , ~,', ~" LEASE AGREEMENT TillS LEASE AGREEMENT (hereinafter called the' "Lease"), is made this 6th day of January 6,1999 by and between BENNY R. STARNER, and individual with his maiIiog address located at 374 Georgetown Road, Gardners, PA 17324 (hereinafter called "Landlord''), and Summit Farms, Henry Heflich Jr., having an address at P.o. Box 9, Summit Station, Pennsylvania 17979 (hereinafter called "Tenant"). WITNESSETH: That in consideration of the rents, covenants and agreements contained herein, Landlord hereby leases to Tenant and Tenant hereby rents from Landlord the Premises as hereinafter defined for the term, upon the rentals, and su!Jject to the tenus and conditions hereinafter set forth as follows, namely: 1. DEMISED PREMISES ^. Landlord hereby demises and leases to Tenants, and Tenant hereby rents from Landlord the buildings and the acreage outlined in red on Exhibit "N' attached hereto (the "Demised Premises or Premises"), located at 560 Block of Georgetown Road, Cumberland County, Pennsylvania, a Farm owned by Landlord. Together with aU easements, rights, privileges and appurtenances belonging to the demised premises and the use, in common with others, of the Farm parking areas, and service areas, which uses shall be for itself, its officers, employees, and invitees. B. Tenant acknowledges that it has inspected the Demised Premises, is aware of its condition, and agrees to and hereby accepts the Demised Premises in its "as is-where is" condition with no representation or wananty directly or indirectly by Landlord as to the condition of the Demised Premises or their suitability for Tooant's proposed improvements thereto or use thereof and with no promise by Landlord or its agents to improve or repair the Demised Premises. C. Within thirty (30) days after the execution of this Lease, Tenant shall submit to Landlord, for Landlord's reasonable approval, proposed detailed specifications and construction plans for the renovation of the Demised Premises ("Renovation Plans"). Landlord shall have a period of fifteen (15) days to review said Renovation Plans and make comments and/or grant written approval. Once approved, the Renovation Plans will become part of this Lease. D. Tenant shall be responsible for all costs and expense of obtaining any necessary governmental approvals. Landlord shall cooperate with Tenaat as necessary in applying for approvals. Promptly after a building permit is issued with respect to the renovation of the Demised Premises, Tenant shall begin such renovations in accordance with the approved Renovation Plans. E. Upon full execution ofthe Lease, provided Landlord has received a Certificate of Insurance in accordance with Section 14 hereof, Landlord shall deliver the Demised Premises to Tenant and Tenant shall have the access to the Demised Premises prior to the Commencement Date of the Lease. 2. TERM AND OPTIONS This Lease shall be effective upon full execution by both parties to the Lease. The term of this Lease shaD be thirty-six months and shall commence on the first to occur of Sixty (60) days after the delivery of the Premises to the Tenant (''Delivery Date") or the date of the month in which it commenced. Each of the parties hereto agrees, upon the request of either made on or after the commencement of the term, promptly to execute, acknowledge and deliver an EXHIBIT "A" ;,~~ ~ "~"'~ =, ~ instrument in recordable form setting forth the dates of commencement and the end of the term in the form of Exbibit "B". 3. USE OF PREMISES A. Business - The demised premises are lease to Tenant to be used and occupied for the operation of a hog finishing farm and for no other use without the prior wriUen consent of Landlord. B. As on of the inducements for making this Lease, Tenant hereby covenants and agrees to occupy the Premises promptly after the commencement of the term of this Lease and thereafter continuously during the said term, to conduct in said Premises the business permitted in paragraph (A) during hours recognized in the trade as normat and customary for such type of business, to keep in stock in the Premises a full an ainple line of livestock/supplies for the purpose of carrying on the business. Tenant will not use, permit suffer the use of the Premises for any other business than that hereinabove stated and will not use or permit any use of the Premises except in a manner consistent with general high standards of farming. Tenant will not pannit, aIlow or cause any public or private auction sales to be condncted on or from the Premises. Tenant will conduct business on the Premises only in the name of Summit Farms and under no other name or trade name unless and until the use of some other name is approved in writing by Landlord. 4. RENT A. Tenant covenants and agr_ to pay to Landlord, as rental for the Premises, the following minimum annual rent: $33,600.00 Thirty - three thousand six hundred doUsrs payable at $2800.00 twenty - eight hundred per month. B. Monthly installments of rent shall be due and payable on the first day of each month in advance without any setoff or deductio!t whatsoever. If the Commencement Date is not the first day of the month, minimum rent for the month in which the Commencement occurs shall be prorated bused on a thirty (30) day month. 5. QUIET ENJOYMENT A. Landlord hereby covenants and agrees that so long as Tenant complies with all the terms, covenants and provisions of the Lease, Tenant shall have the peaceful and quiet use of the Premises without let or hindrance on the part of Landlord and Landlord shall warrant and defend Tenant in such peaceful and quiet use and possession against the claims of the persons claiming by, through or under Landlord. B. SUBORDINATION - Tenant's rights under this Lease are, however, and shall always be subordinate to the operation and effect of any ground lease or mortgage, deed of trust or similar secwity instrument (hereinafter coDectively called "Security Instrument") now or hereafter placed upon the land or buildings of which the Premises are a part thereof, by Landlord or any renewal, modification, consolidation, replacement or extension of any such Security Instrument, unless such secured party elects to have shall be self-operative and no further instnunent of subordination shall be required. In confirmation of such subordination, Tenant shall execute promptly any certificate that Landlord may request. Tenant hereby constitutes and appoints Landlord as Tenant's attomey-in-fiIct to execute any such certificate or certificates for and on behalf of Tenant 2 -, ' " - '~ I'r"".,.,-" (' ."-. I 6. PARKING AREAS A During the term of this Lease, customers of Tenant shall be entitled to the non-exclusive use, free of charge, but in common with others, of the driveway, footways and parking areas from time to time existing within the Farm, provided that such use shaD be subject to such ru1es and regulations as Landlord may from time to time prescribe governing the same; and provided further that Landlord shall at all times have full and exclusive contro~ management and direction of said driveways, fuotways and parking areas. B. Tenant, at Tenant's sole cost and expense shall cause the lighting of the barn area of the Demised Premises to be separately metered and controUed by Tenant Tenant covenants and agrees that it will provide reasonable maintenance, footways and parking areas within the Demised Premises and that it will keep the same in reasonable repair and reasonably free of litter and snow. Tenant agrees that as its sole expense, it will keep the main access driveway to the furm to the entrance of Ten ant's barn area clear and free of snow and ice during the hours needed for access to the barn. Any cost attributable to such work will be paid by Tenant. 7. ASSIGNMENT AND SUBLElTING A Tenant covenants and agrees not to assign this Lease in whole or in part, nor to sublease all or any part of the Premises nor permit other persons to occupy tbe Premises or any part thereof; nor to grant any license or concession for all or any part of the Premises, withoutthe written consent of Landlord in each instance first had and obtained. Landlord's consent may be denied at any time Tenant is in default under this Lease. Tenant's changing from a sole proprietorship to a cotporation shall not br considered an assignment B. Any consent by Landtord to an assignment or subletting of this Lease shaD not constitute a waiver of the necessity of such consent as to any subsequent assignment or subletting. C. Any consent by Landlord to an assignment or subletting of this Lease shall not relieve the Tenant of any of its liabilities or obligations hereunder, unless specifically agreed to in writing by Landlord. An assignment fur the benefit of Tenant's creditors or otherwise by operation of law shall not be effective to transfer or assign Tenant's interest under this Lease unless Landlord shan have first consented thereto in writing. D. In the event that Tenant desires to assign this Lease or to sublease all or any portion of the Premises, Tenant shall Landlord an administrative fee of One Hundred and Fifty DoDars ($150.00) plus Landord's attorneys' time and fees charged in the review of any assignment or subletting proposed by Tenant (payable whether or not Landlord grants consent). E. Any attempt to assign or sublet this Lease in violation ofthis section of the Lease shall be null and void and of no effect 8. REPAIRS BY TENANT Tenant covenants and agrees to keep and maintain the roof and other exterior portions of the Premises including doors and windows an the interior of the building in good order and repair and to surrender the Premises at the expiration of the term in as good condition as when received, ordinary wear and tear excepted. Tenant covenants and agrees to maintain, repair, and replace ifnecessary, an heating, ventilation, and other mechanical installations and equipment used by, or in connection with, the Premises. Tenant will not overload the electrical wiring or plumbing and will not install any additional electrical wiring or plumbing unless it has flfst obtained Landlord's written consent thereto and, if such consent is 3 . I lild'fuj'd,.i""W""O;,,- .. ..""""" given, Tenant win install the same at its own cost and expense. Tenant will repair promptly at its own expense any damage to tbe Premises caused by bringing into the Premises any property for Tenant's use, or by the installation or removal of such property, regardless of fault of by whom such damage shall be caused unless caused by Landlord, its agents, employees, or contractors. In the event Tenant sball not proceed promptly and diligently to make any repairs or perform any obligation imposed upon it by the preceding subparagraph hereto within forty-eight (48) bours after receiving written notice from Landlord to make such repairs or perform such obligations, then and in such event, Landlord may at its option, enter tbe Premises and do and perform the things specified in said n notice, without liability on the part of Landlord for any loss or damage resulting from any such action by Landlord and Tenant agrees to pay promptly upon demand as additional rent any cost or expense inCUlTed by Landlord in taking such action. 9. UTILITIES Tenant shall bear the cost ofall electricity, beat, water, gas, and any other utilities which may be furnisbed to or consumed on the Demised Premises. Tenant shall a also be responsible for any increase in rates, any penalties or surcharges, or any improvements to sucb utilities necessitate or imposed as a result of Tenant's use of the Demised Premises. .0. TENANT'S OPERATIONS A Tenant covenants aud agrees 1. that is win use, maintain and occupy the Premises, in a careful, safe and proper manner, and wiD keep the appurtenances, including adjoining driveways in a safe condition, and win promptly clean the snow, ice and debris from said driveways and appurtenances during the term oftbis Lease at its own expense; 2. that it will maintain the Premises at its own expense in a clean, orderly and sanitary condition, control insects, rodents, vermin and other pests; 3. that it will not permit undue accumulations of garbage, trash, rubbish and other refuse, but will remove the same at its own expense, and will keep sucb refuse in proper containers on the Premises until called for to be removed; 4. that it will conduct its business in the Premises in al respects in a dignified manner and in accordance with high standards of farm operation. x B. Tenant covenants and agrees not to make any alterations, additions or improvements to the farm and not to make any structural alterations to the Premises, or any part thereof, without Landlord's prior written consent in each instance first bad and obtained; and Tenant agrees that any alterations, additions or improvements made by it shall immediately become the property of Landlord and shall remain upon the Premises in the absence of any agreement to the contrary; provided, however, that Landlord shall have the right to require the restoration of the Premises to their original condition, in which event Tenant agrees to comply with such requirement prior to the expiration or other tennination ofthis Lease. C. Tenant further agrees to maintain any sign, billboard, marquee, awning, decoration, placard, lettering or advertising matter or other thing of any kind as 10 may be approved by Landlord in good condition and repair at all times. 4 ~" - ~=. - " "~ , , . ~ -'~",." D. Tenant covenants and agrees to execute and comply with aU laws, roles, orders, directions and requirements of all governmental departments, bodies, bureaus, agencies and officers, and with all roles, directions, requirements and recommendations of the local board of fire underwriters and the fire insurance rating organizations havingjwisdiction over the area in which the Premises are situated, in any way pertaining to the Premises or the use and occ:upancy thereof. In the event of repeated violations where Tenant shaU fail or neglect to comply with any of the aforesaid laws, rules, orders, directions, requirements or recommendations, Landlord or its agents may enter the Premises and take all such action and do all such work in or to the Premises as may be necessary in order to cause compliance with such laws, roles, orders, directions, requirements or recommendations, and Tenant covenants and agrees to reimburse Landlord promptly upon demand for the expense incurred by Landlord in taking such action and performing such work. Tenant further covenants and agrees not to do or suffer to be done, or keep or suffer to be kept anything in, upon or about the Premises which will contravene Landlord's policies in companies reasonably a acceptable to Landlord; and if anything done, omitted to be done or suffered to be done by Tenant, or kept, or suffered by Tenant to be kept, in, upon or about the Premises shaU cause the rate of fire or other insurance on the Premises, or other property of Landlord, to be increased beyond ihe minimum rate from time to time applicable to the Premises, or any adjoining stores or to other property of Landlord for the use or uses made thereot; Tenant will pay the amount of such increase promptly upon Landlord's demand. E. Tenant covenants and agrees that if any mechanics' or materiabnen's lien or other lien shall be filed against the Premises, or any other part oflbe farm, by reason of or arising out of any labor or material furnished or alleged to have been furnished, to or the Premises or any occupant thereot; or for or by reason of any change, alteration or addition made by Tenant thereto, discharged of record by bond or otherwise as allowed by law, at Tenant's expense, within five (5) days after the filing thereof; and Tenant shall also defend on Landlord's behalf; at Tenant's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of any such lien, and Tenant will pay any damages and satisIY and discharge any judgment entered thereon and save Landlord harmless from any claim or damage resulting therefrom. If at any time Tenant does not comply with the covenants made in this subparagraph, Landlord may, at its option, after giving Tenant three (3) days prior written notice of its intention to do so, cause such lien to be canceled and discharged of record by bond or otherwise as aUowed by law, and Tenant shall pay aU costs thereof, including reasonable attorney's fees, as additional rent, payable with the next ensuing install!nent of minimum rent 11. ROOF AND WALLS Tenant shall repair, maintain and conduct snow removal from roofs if necessary. 12. TENANT'S INSURANCE A. Tenant shall, and does hereby, indemnify and hold harmless Landlord and any other parties in interest set for in Section 14 (B) (4) from and against any and aU liabilities, lines, claims, damages and actions, costs and expenses of any kind or nature (including attorney's fees) and of anyone whatsoever. I. Relating to or arising from the use and occupancy of the Premises 2. Due to or arising out ofmechanic's lien filed against the farm or any part thereot; for labor performed or for materials furnished, or claimed to be furnished, to Tenant or 5 ">0 , , ""~"'Ii<' J.oi~~~~' 3. Due to or arising out of any breach, violation or non-performance of any covenant, condition or agreement in Ibis Lease set forth and contained on the pan of Tenant to be fulfilled, kept, observed and performed, unless such damage or iqjury shall be occasioned by the gross negligence or willful act nr omission of the Landlord or any of the other aforesaid parties in interest, or their respective agents, servants or employees (in which event, Landlord shan indemni1Y and hold haim1ess Tenant to the extent to such gross negligence or willful act or omission). Notwithstanding the foregoing, Tenant shan at an times remain liable for, and indemnity and hold haim1ess Landlord as aforesaid against, and damage or injury arising from perils against which Tenant is required by this Lease to insure. B. Tenant covenants and agrees that from and after the date of delivery of the Premises from Landlord to Tenant, Tenant will carry and maintain, at its sole cost and expense and in the amounts specified and in the fonn hereinafter provided, the following types of insurance's: I. General public liability insurance with respect to the Premises and Tenant's use thereof with companies acceptable to Landlord and in a policy or policies, the form of which is or are satisfilctory to Landlord, covering both Landlord and Tenant, as their interests may be, against claims for personal iqjury or death and property damage occurring upon, in or about the Premises, such insurance to afford protection to the funit of not less than SI,OOO,OOO arising out of anyone occurrence, and against property damage to afford protection to the funit of not less than SI,OOO,OOO, or such insurance may be for a combined single funit ofSl,OOO,OOO per occurrence. 2. AU risk insurance covering the building, improvements, and property ofTenant including trade fixtures and personal property from time to time in, on or upon the Premises and any alterations, improvements, additions or changes made by Tenant thereto in an amOtmt not less than one-hundred percent (100%) of their fun replacement cost from time to time dming the Lease term, providing protection against perils included within the standard Pennsylvania form of fire and extended coverage insurance policy. 3. AU policies of insurance to be provided by Tenant shan be issued in form acceptable to Landlord by insurance companies with general policyholder's rating of not less that A and a financia1rating of AAA as rated in the most current available "Best's" Insurance Reports, and qualified to do business in the Commonwealth of Pennsylvania. Each such policy shall be issued in the names of Landlord and Tenant Said policies shan be for the mutual and joint benefit and protection of each said parties and executed copies of each such policy of insurance or a certificate thereaf shan be delivered to Landlord within ten (10) days upon Iiill execution of this document and thereafter at least fifteen (15) days prior to the expiration of each such po1iey. As often as any such policy shall expire or terminate, reI1ewal or additional policies shall be procured and maintained by Tenant in like manner and to like extent. AU such policies of insurance shall contain a provision that the company writing said policy will give Landlord at least thirty (30) days notice in writing in advance of any canceUations, or lapse, or the effective date of any reduction in the amounts of insurance. In the event Tenant shan fan to promptly furnish any insurance herein required, Landlord may effect the same for a period not exceeding one (1) year and Tenant shan promptly reimburse Landlord upon demand, as additional rent, the premium so paid by Landlord. If 6 ';c, "iillI;; upon Tenant's fuilure, rather than purchase separate insmance coverage, Landlord chooses to include Tenant's coverage under Landlord's insurance policies then Tenant shaD promptly reimburse Landlord upon demand, as additional rent, the greater of the increase in Landlord's premium resulting therefrom or $1,000.00. All such public liability, property damage and other casualty policies shaI1 be written as prinwy policies which do not contribute to and are not in excess of coverage which Landlord may carry. All such public liability and property damage policies shall contain a provision that Landlord shall nevertheless be entitled to recover under said policies for any loss occasioned to them, their servants, agents and employees by reason of the negligence of Ten ant or any other named insured. Any insurance provided for may be effected by a policy or policies of blanket insurance, coverlog additional items or locations; provided, however, that: a. Landlord shall be named as an additional insured thereunder as its interests may appear; and b. the coverage afforded Landlord will not be reduced or ,nmini.hed by reason of the use of such blanket policy of insmance; and c. any such policy or policies (except any covering the risks retened to in Section 14 (B) (I), shall speciJytherein (or Tenant shall furnish Landlord with a written statement from the insurers under such polley specifying) the amount of the total insurance detai1ed in Section 14 (B) (2); and d. The requirements set forth herein are otherwise satisfied. Any insurance policies herein required to be procured by Tenant shall contain an express waiver of any right of subrogation by the insurance company against the Landlord. 4. Notwithstanding any other provisions of this Lease to the contrary Tenant hereby waives any right it may have against Landlord on account of any loss or damage occasioned to Tenant, its property, the Premises or its contents arising from any risk generally covered by fire. and extended coverage insurance together with insmance against sprinkler damage, vandalism and malicious mischief, whether or not such a policy shall be in force. Notwithstanding any other provisioos of this Lease to the contrary, Landlord hereby waives any rights it may have against Tenant on account of any loss or damage occasioned to Landlord, its property or to the farm arising form any risk generally covered by fire and extended coverage insurance together with insurailce against spriolder leakage or other spriolder damage, vandalism and malicious mischief, whether or not such a policy shan be in force. The parties hereto also each, on behalf of their respective insurance companies insuring the property of either Landlord or Tenant against any such loss, waive any right of subrogation that such insunIm:e company(ies) may have against Landlord, said other parties, tenants or occupants, or Tenant, as the case may be. If either Landlord or Tenant shall be unable, after using best efforts, to obtain and/or maintain the waiver ofsubrogation set IOrth in the immediatelyprecediog sentence from its insurance canier(s) (or from any other insurance canier(s) without substantial increased cost) and shall so nolilY the other party of such inability within thirty (30) days thereafter, then the above mutual waiver of subrogation shall no longer be effective until again obtainable by both parties. 7 ~ ~ .,~~ _'.J.," =,J,~",,~, 14. TRADE EQUIPMENT A. Landlord and Tenant agree that Tenant, at Tenant's sole cost and expense, may remove those certain equipment currently located in Landlord's property at 300 Block Georgetown Road, Gardners, PA, at Tenant's sole risk Tenant shall hold Landlord (inclnding its officers, employees, and agents) harmless from and against any costs, damages, losses, expenses, causes of action, claims or jndgments resulting from injury to, or death of, any person or damage to property of any kind, which injury, death or property damage arises out of, relocation of, and reinstanation of said equipment to another site. Landlord shall have no liability whatsoever. ' B. All trade equipment installed by Tenant in the Premises, other than improvements made by Tenant to the Premises, shall remain the property of Tenant and shan be removable from time to time and also at the expiration of the term of this Lease or other termination thereof, provided Tenant shall not at such time be in default under any covenant or agreement contained in this Lease; otheIWise such property shall be removable and Landlord sha1J have a lien of said f fixtures to secure itself against loss and damage resulting from said delimIt or delimits by Tenant IS. INSPECTION OF PREMISES Tenant covenants and agrees to permit Landlord, its agents, employees and contractors to enter the Premises and an part thereof at an reasonable times in a courteous and professional manner to inspect the Premises and to enforce and carry out any provision of the Lease. In the event of a non-emergency service call, Landlord shall attempt to notilY Tenant in advance of such service-related visits. At all times, care shall be taken to protect Tenant's livestock. 16. TERMINATION OF LEASE A. The parties hereto covenant and agree that this Lease and the tenancy hereby created shall cease and terminate at the end of the original term hereof without the necessity of any notice from either Landlord or Tenant to terminate the same, and Tenant hereby waives notice to remove. If Tenant sha1J occupy the premises after such expiration or termination, it is understood that Tenant shall hold the Premises as a tenant from month-to-month, suQject to all the other tenus and conditions of this Lease, at an amount equal to double the highest monthly rental installment reserved in this Lease. Landlord shaJl, upon such expiration or termination of this Lease, be entitled to the benefit of all public, general or local laws relating to the speedy recovery of possession oflands and tenements held over by Tenants that may be now in force or may hereafter be enacted. 13. Tenant covenants and agrees that for the period of six (6) IlliJnths prior to the expiration oCthe term of this Lease, Landlord shall have the right to display on the exterior of the Premises the customary sign "For Rent" and that during such period Landlord may show the Premises and all parts thereoCto p'rospective tenants between the hours of9:00 A.M. and 5:00 P.M. on any day except Sunday or any legal holiday ou which Tenant shall not be open for business. 17. FIRE OR OTHER CASUALlY If the Premises shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole or in part, 'Tenant shall promptly at its own expense cause such damage to be repaired, and the rent shall not be abated; ifby reason or such occurrence, the Premises shall be rendered unteuantable only in part, Tenant shan promptly at its own expense cause the damage to be repaired, and the minimum rent meanwhile shall be abated proportionately to the portion of the Premises rendered untenantable; ifby reason of such occurrence the Premises shall be wholly untenantable. Tenant shall 8 "Ii i>~.!, promptly at ils own expense cause such damage 10 be repaired, and the minimum annual renl meanwhile shall be abaled in whole. 18. EMINENT DOMAIN If the whole or any part of the Premises shall be laken under the power of eminenl domain, then this Lease shalllerminate as 10 the part so taken on the day when Tenant is required 10 yield possession thereof, and Landlord shall make such repairs and alternations as may be necessary in order to restore the part not taken to useful condition; pending the restoration by Landlord of the portion of the P Premises so taken, the minimum rental shall be reduced proportionately to the portion of the Premises so taken. If the amount of the Premises for the Jl1IIPoses for which is such as 10 substantially impair the usefulness of said Premises for the Jl1IIPoses for which the same are hereby leased, then either party shall have the option to terminale this Lease as of the date when Tenanl is required to yield possession. The compensation awarded for such taking, both as to Land1ord's reversionary interest and Tenant's interest under this Lease, shall belong to and be the property of the Landlord; provided, however, thaI the Landlord shall nol be entitled to any portion of the award made to Tenanl for loss ofTenanl's business or for the cost of removal ofits live stock, feed and Tenant's trade equipment. 19. BANKRUPfCY OR INSOLVENCY If any sale of Tenant's interest in the Premises shall be made under exeention, or similar legal process, or if Tenant shall be adjudicated a bankropt or insolvent, and such adjudicalion is not vacated within ten (t 0) days, or if a colporate reorganization of Tenant or an ll1TIDIllement with its creditors shall be approved by a court under the Federal Bankruplcy Act, or ifTenanl shall make an assignment for the benefit of creditors, or in any other manner, Tenant's interest under this Lease shall pass 10 another by operation of law, then and in any of said events, Landlord may, at its option, reenter the Premises and declare this Lease and the lenancy hereby created terminated. 20. DEFAULTS AND REMEDIES A If the rent agreed to be.paid, including all other sums of money which under the provisions hereof may be considered as additional rent, shall be in arrears in whole or in part, Laudlord may distrain therefore. If Tenant shall violate any covenant, including the covenant to pay rent, made by it in this Lease and shall fail to comply with said covenant within five (5) days after being sent written notice of such violation by Landlord, Land1ordmay, at its option, reenter the premises and declare this Lease and the tenancy hereby created terminated; and Landlord shall be entitled to the benefit of all provisions oflaw respecting the speedy recovel}' of lands and tenements held over by tenants or proceedings in forcible entry and detained. Tenant further agrees, that notwithstanding such reentry, Tenant shall r remain liable for any rent or damages which may be due or sustained prior thereto, and Tenant shall further be liable, at the option of Landlord, for sums of money as liquidated datnages for the breach of any covenant to be calculated in one of the following two methods which may be designated by Landlord in or after said nolice of termination: 1. Tenanl shall pay to Landlord the di1ference between the rent reserved under this Lease for the balance of the term from the date of reentry; or 2. Tenant shall pay the amount of the rent reserved under this Lease at the times herein stipulated for payment ofrent for the balance ofthe term, less any amount received by Landlord during such period from others to whom the Premises may be rented on such terms and conditions and at such r rentals as Landlord, in its sole discretion, shall deem proper. 9 -"': -- ~ .~ , "..:liI:i --~""_,7..;",,"li"" B. In the event Tenant liiils to pay Landlord any minimum or percentage rental payment or any tax, operating cost, or otber charge due hereunder within !en (I?) days from the date on which any sucb payment was due, Landlord may at Its option charge Tenant a late charge equal to ten percent (10%) of the unpaid amount in question, which late charge shall be collectible as additional rent and shall be payable by Tenant to Landlord within fifteen (15) days after written notice from Landlord incurs any costs with regard to tbe processing of Tenant's rental or additional rental payment, e.g., as a result of Tenant's giving Landlord a check that is dishonored, tben Landlord shall be entitled to collect from Tenant, as additional rent, all such extra costs incurred. C. If either Landlord or Tenant shall delimIt in the performance of any covenant on the part of either to be performed under this Lease, and if, in connection with the enforcement of the non-defaulting party's rights or remedies, s such non-defaulting party shall incur fees and expenses for serviced rendered (including reasonable attorney's fees), then such fees and expenses sha1I, if said non-defaulting party shall prevail in litigation, be immediately reimbursed by the defaulting party on demands as additional rent. Notwithstanding the foregoing, in the event Landlord shall file any legal action for the collection of rent or any eviction proceeding for the non-payment of rent, and Tenant sball make payment of such sum due and payable prior to tbe rendering of any judgment, then Landlord sball entitled to collect and Tenant shall be obligated to pay all court li1ing fees, service fees, related costs and the reasonable fees of Landlord's attorney an any costs of re-Ieasing the Premises inc1uding but not limited to real estate leasing commissions. Said fees and costs shall be collectible by Landlord as additional rent 21. REMEDIES CUMULATIVE No mention of this Lease of any specific right or remedy shall preclude Landlord from exercising any other right or from having any other remedy or from maintaining any action to which it may otherwise be entitled either at law or in equity; and the failure of Landlord to insist in anyone or more instances upon a strict performance of any covenant of Tenant under this Lease or exercise any option or right herein contained shall not be conslIUed as a waiver and relinquishment for the future of such covenant, right or option, but the same shan remain in full force and effect unless tbe contrary is expressly waived in writing by Landlord. 22. PROPERTY LOSS OR DAMAGE Landlord, its agents, contractors, scryants ,or employees sball not be liable for any damage to property of Tenant or of others located on the Premises or entrusted to its or their employees nor for the losS of any property by theft or otherwise, Landlord, its agents, contractors, servants or employees shall not be liable for any injury or damage to persons or pro~rty resulting from fire, explosion, falling plaster, steam, gas, electricity, wind, water, rain or snow which may leak from any part of the farm or from the pipes, appliances or plumbing works 'of the same or from any other cause whatsoever, unless caused by or due to the wil1fu1 or grossly negligent act or omission of Landlord, be liable for any such damage caused by other tenants or person in the farm or for interference with the light or any public or quasi-public works. All property of Tenant kept or stored on the Premises shall be so kept at the risk ofTenant only and Tenant shall hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant's insurance camet. 10 "j .~' ',- , , ~"'~""~', 23. RECORDING In the event Landlord elects to record this Lease or a Memorandum of this Lease , Tenant agrees to execute said Memorandum of Lease, if Landlord so request. 24. SUCCESSORS AND ASSIGNS Except as herein provided, tbis Lease aDd the covenants and couditions herein contained shall inure to the benefit of and be biodiog UpOD Landlord, its successors and assigns, and shall be binding UpoD Tenant, its successors and assigns, and shall inure tot he benefit of Tenant and ooIy such assignee ofTeoaol to whom an assignment by Tenant has been consented to in writing by Landlord. In the event more than one parties named herein as Tenant shall be joint and several In the event Landlord's interest under this Lease is transferred or assigned and written notice thereof is given to Tenant, the Landlord herein named (or any subsequent assignee or transferee of Landlord's interest under this Lease who g gives such notice to Tenant) shall automatically be relieved and released from and after the date of such transfer orconveyaoce from all liability hereunder except with respect to liability to refund or return to Tenant any secwity deposit deposited by Tenant with Landlord hereunder. Further, the liability of Landlord, its successors and assigns, under this Lease shall at all times be limited solely to Landlord's interest in the land and improvements comprising the farm and in the event the owner of Landlord's interest in this Lease is at any time a partnership, joint venture or unincOlporated association, Tenant agrees that the members or partners of such partnersbip, joint venture or unincorporated association shall not be personally or individually liable to responsible for the performance of any Landlord's obligations hereunder. 25. WAIVER OF JURY TRIAL 'the Tenant waives aD right to a trial by jury in any actioD, counterclaim, or proceeding based upon, or related to, the subject matter of this Lease. 'Ibis waiver applies to all claims against all parties to such actions and proceedings, including parties who are not parties to this Lease. 'Ibis waiver is knowing1y, intentionally, and voluntarily made by the Tenant and the TenaDt acknowledges that neither,the Landlord, nor any persoD acting on behalf of the Landlord, has made any represeDtatioDs of fact to induce this waiver of trial by jury or in any way to modifY or nuIIiJY its effect. The Teoaol further acknowledges that is bas been represented (or has had the opportunity to be represented) in the signing of this Lease and in the making of this waiver by independent legal counsel, selected of its own free will, and that it has had the opportunity to discuss this waiver with counsel The Tenant further acknowledges that it has read and understands the meaning and ramificatioDs of this waiver provisioD and as evidence of tbis fact signs its initials: Initials of Tenant 26. ENTIRE AGREEMENT The Lease cODtainS the entire agreement between the parties hereto; and any agreement hereafter or heretofore made shall not operate to change, modifY, terminate or discharge this Lease in whole or in part unless such agreement is in writing aDd signed by each of the parties hereto. Landlord has made no represeDtation or promises with respect to the Premises except as are herein expressly set forth. 11 !A:, ~~" L" '~']k~ . 27. NOTICES All notices from Tenant to Landlord, including the payment of rent and other charges, required or permitted by any provision in this Lease shall be hand delivered or sent by registered or certified mail, retUID receipt requested or by overnight courier services to Landlord at: Benny It. Stamer 374 Georgetown Road Gamders, P A 17324 All notices from Landlord to Tenant so required or permitted shall be hand delivered or sent by registered or certified mai1, return receipt requested or by overnight courier service to Tenant: Summit Farms P.O. Box 9 Summit Station, PA 17979 Either party may, at any time, or from time to time, designate in writing a substitute address for that above set forth, and thereafter all notices to such party sbaI1 be sent in accordance with the above. 28. HAZARDOUS SUBSTANCES Tenant covenants and agrees that it will not use or allow the Premises to be used for the storage, use, treatment or disposal of any "hazardous material" or "hazardous substances", other than those products customarily used in farming operations, as defined under any current or bereinafter enacted applicable federal, state, or local law statute, ordinance or regulation or coart or administrative order or decree. Tenant shall abide by the nutrient management plan for the premises. 35. CAYI'IONS The captions in the margins of this Lease are for convenience only and are not a part ofthis Lease. IN WITNESS WHEREOF, the parties hereto have executed this Lease under their, respective seals the day and year first above written. WITNESS/ATIEST: LANDLORD: BENNY R. STARNER C[l~ V ~ "7f' ~ BY. l-~ WITNESSI ATIEST: TENANT: SUMMIT FARMS (2Q~ v :'l1 tt:~ 12 ~ ~-- .. , ,~ ~'. c """"'-~- ,~,~.-, F:\FILES\DA T AFILE\Gendoc.cur\ 1030 l-rent.l Created: 02126/01 09:411:41 AM ,Revised: 09/1P/Olll:21:17AM RENT HISTORY Month Rent Due Rent Paid 1999 January (prorated) $2,25S 0 Febroary $2,800 0 March $2,800 0 April $2,SOO 0 May $2,SOO 0 June $2,800 0 July $2,SOO $1,936 August $2,800 $1,936 September $2,800 $1,936 October $2,SOO $1,936 November $2,800 $1,936 December $2,800 $1,936 2000 (12 x 2,SOO) $33,600 (12 x 1,936) $23,232 2001 January $2,800 $1,936 February $2,800 $1,936 March $2,SOO $1,936 April $2,SOO $1,936 May $2,SOO $1,936 June $2,SOO $1,936 July $2,SOO $1,936 August $2,800 $1,936 September $2.800 $1.936 TOTAL 9l,85S 52,272 TOTAL OWED: TOTAL PAID: UNPAID RENT: $9l,85S $52.272 $39,586 EXHIBIT "B" ...;<; , "j " ; M!2W&lO ATTORNElS &: COUNSEllORS AT lAw W'WAM F. MAATsON JOHN 8. FOWlElI. III EOWARD L. SCHORPI' DANIEL K. DEAanOREF THOMAS J. W,LlIAMS. lva V. Ono III GEORGE 8. FAU.Ea Ja. . . <:;.w. C. RISCH MARK A. DENUNCER -- CEinmED CM. TRIAL S'EClAUST TEN EAsT HICH STREET CAlu,J$LE, PENNSYLVANIA 17013 TEU!PHONE (717) 243-3341 FACSllluLE (711)243-1850 INTERNET www.mdwo.com February 27, 2001 V1A CERTIFIED MATI. 'RETlJRNRECEIPT REOUESTED Mr. Henry Heflich, If; SUIIlIJlit Famis P.O. Box 9 Summit Station, P A 17979 RE:. Lease Agreement with BeIlIlY Starner Georgetown Road, Gilrdners, P A 17324 Out File No. 10301.1 ' . Dt;:ar Mr. Heflich: This office has been retained by Benny R. Starner concerning your Lease Agreement dated January 6, 1999. Mr. Starner considers you to be in substantial defaUlt under the terms and conditions of the written lease. . I am enclosing an itemization of the total rent due under the Lease through February 1,2001, with a corresp(mding itemIzation of rent paid. You are currently in arrears in unpaid rent in the total amount of$33,538.00. Under the terms of the lease, Mr. Stamer is entitled toa 10% penalty for late payment. The penalty amount is $3,354.00. Demand is hereby made for the prompt payment of the total sum of $36,892.00 within five days of the date ofthis letter. Mr. Starner also incurred expenses in containing and remediating the manure spill caused by your operations. We will be itemizing his expenses in that regard, and I will be in further contact with you for payment of those expenses. I have reviewed the terms and conditions of your Lease. I am aware of no written modifications, signed by both parties, which purport to change, modify or alter the terms of the Lease as written. I am also in receipt of your letter addressed to Charles Mallios at Central State Realty concerning the security deposit. To the extent that any payment was made by you for application as a security deposit, the concerns addressed in your letter are premature. As I am sure you are aware, claims against a security deposit do not arise until the tennination of a Lease. EXHIBIT "e" fNt=ORMATrON. AnvtrlO. AnvnrArySM ~ .~~ ~ ~ ~""",,~~&- Mr. Henry Heflich, Jr. February 27,2001 Page 2 ELS/tde Enclosure Please give this letter your prompt attention. Very truly youts, MARTSON DEARDORFF WILLIAMS & OTTO' Edward L.Schorpp cc: JamesM. Bucci, Esquire Mr. Benny R. Stamer F:\FILEs\DA TAFI1.B\Gcnltr.cunlOJOI-hb.1 INFORMATION. ADVICE. ADVOCAcy'M 'd_', "_ ,","~ ''""" - "1>1>-" MQW&C5 , TEN EAsT HIGH STREET C\RUSLE,I'ENNSYLVANIA 17013 TELEPHONE (717) 243.3341 ' fACSIMILE j7171243-i850 INTERNET www.mdwo.com AlTORNE"; & COUNSELLORS AT LAw WILLIAM F. MAKfSON JOHN B. FOWLER III EDWARD L SCHORPi' DANIEL K. DEA1\DOl\FF ' THOMASJ.WILLIAMS ., 1vo V. OTTo III GEORGE B.FALLER JR.' CARL C P.JSCH MARKA. DENUNGER *BOARD CERTJ?IED CML TRIAL SPEC1\UST . . September 10,2001 VIA CERTIFIED MAIL RETURN RECEIPT REOl1ESTED Mr. Henry Heflich, Jr. ' Summit Farms P.O. Box 9 " Summit Station, PA 17979 RE: ' 'Lease Agreement with Benny Stamer Georgetown Road; Gardners, P A 17324 Our File No. 10301.1 Dear Mr. Heflich; . , As ,you are aware, this office hail, been retained by Benny R. Starner concerning your Lease Agreement dated January 6, 1999. Mr. Stamer continues to consider you to be in substantial default under the terms and conditions of the written lease. 1 am enclosing an itemization of the total rent due under the Lease tbioughSeptember 1, 2001, with a corresponding itemization 9f fe.nt paid. You are currently in arrears in unpaid rent in the total amount of $39,586.00. Under the terms of the lease, Mr. Stamer is entitled toa 10% penalty for late payment. The penalty amount is $3,959.00. Demand is hereby made for the prompt payment of the total stutr9f$43,545.0(l within five days of the date of this letter. Mr. Starner also incurred expenses in containing and remediatingthe manure spill caused by your operations. We will be itemizing his expe11lies in that regard, arid I will be in further contact with you for paymeht of those expenses. ' Very truly yours, MARTSON DEARDORFF WILLIAMS & OTIO Edward L. Schorpp ELS/tde Enclosure cc: James M. Bucci, Esquire Mr. Benny R. Starner F:\FILES\DATAFlL,E\Genhr,cw\lOl01-hh.2 EXHIBIT II DII INFORMATION · ADVICE. ADVOCACy'M , c "," ,',. ,L"""~''JJ--~.i, CJ .J] JT1 or Postage $ t:J .-'I JT1 r- Certified Fee r- ru c:i o Re1.Un\ Recelpt Fee (End?rsement Required) Restricted Delivery Fee (Endorsement Required) t:J o .J] I:J Aecipient's Name (Please Print Clearly) (to be camp, ai/er.,. ,{'<1--" Mr H Ben' h J '-, '.'.,~,' CJ 'Street;'"Apt. ~o~~o Box No. ~C 1.-. ..r:..Il...._.nmnm.~._:"......n___n__.__ g -Jk~1e..J9f-._.9m__nmuuh,"......_m---_---"..-------------_------n_...---- r- SU/l1l!lit Station, PA 17979 Total Postage & Fees . Complel..Jiein~'t,'2'.ifii03: Also~qrjjp ~te . . item 4 if Re.;tricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the :mailpiece, or on the front if space permits. ,1. Miele Addressed to: Mr. Elerilry Heflich, Jr. sUmmit Farms P;O. :lilox 9 '>c'lilummit Station, PA 17979 ~. Service Type UCertlfied Mail 0 Express Mail o Registered 0 Return Receipt for Marchan_ D Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes~ 2. Article Number (Copy from service labeQ ~ ofAlf)rt}J.7 1J/o H,3~D PS Form Sl:lll/4uly!8si :"1.', .,' '", c"', 102595-99-M-1789 EXHIBIT "E" r'l .lI ru ;:r t::J Postage $ r'l rT1 Certified Fee r-- r-- Return Receipt Fee ru (Endorsement Required) t::J Restricted Delivery Fee t::J (Endorsement Required) t::J Total Postage & Fees $ !:J -" !:J !:J !:J !:J r-- .~~~:\' - -~~~::>' le'ar ~ (to 1~ completed by mailer) u -t_r'__m'm'm_._,mmmm- . Complete liems 1; 2. and 3. Aiso c~";~leIS' ' item 4 jf Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1.~~AdC~:"1~li~ .~^. S~~llAll\LlJ PC) 66X q ~~~m I Qr\\ \lq1q . ,D. 'Is delivery address different from item 1? If YES, enter delivery address below: Agent D Addressee Dyes o No . , 3. ,Service Type ilt Certified Mail 0 Express Mail :l~ Registered 0 Return Receipt for Merchandise Insured Mail 0 C.O.D. 'trieted Delivery? (Extra Fee) D Yes 10259S.00-M.0952 EXHIBIT "P" : - "'~~~-~. '~~ ~""" .. "0' ~, '-......~<<Ji_ , ~ ~"'~=~~"-1~..~,,; - J:1 ,", . - Farmer Boy Ag Sy~JPS P.O. Box 435.410 East Lincoln Avenue Myerstown, PA 17067 **** SALES ORDE~A~H* 1 ORDER NUMBER: ORDER DATE: BALESPERSON: CUSTOMER NO: S087&26 05/;::9/1211. JERRY OLSON 1212812112150 ("117) 866,-75(,5 SOLD TO: BENNY STARNER 374 GEORGETOWN ROAD GARDNERS PA 1.7324 SHIP TO: BENNY STARNER 374 GEORGETOWN ROAD GARDNERS PA t7324 CONFIRM TO: (717) 48&-3881 ----.-----------------------____.______.____~_______________________M________._____u_____ :USTOMER P. G. SHIP VIA INSTALLATION F.G.B TERMS DUE UPON RECEIPT, NET 30 ----.--._----~-----~------_._--------------------------------------~------------------- JRDERED J/i>l ITEM NO. DESCRIPTION PRICE AMOUNT SHIPPED BACK ORD __.__...M_.__________~_.__~______.~______________~_________________~_________________.~_______ 2.0121 * FEED BIN 2i~. 4(, TON W/LADDER 2,485.121121121 4" 970. 121121 ::ACH ____"._._,~_~.~..__.~..n__.~_'MH__~~'_.__~N..~____.__.___.'..__~.~_~_____N_____"_____'"NM__~_._~._..__._"_,~,._.______,,__""'___,.__."___~,_,__._~ 2.00 * INCOMING FEED LINE 3.5" 678.630 1.,357.26 ::ACH __.__.-~_.___,_..___"__.._N.._____.__......._....~._____._.H..__~..________._~_..__.._.._~__.._.."_.._._...._______.__..~_,..._"._.~___._ 4.00 * 1'130121 FEED LINES WITH DROPS 1,090.000 4,360.1210 ::rlCH -.-----i::-iiiiZi.---;---'---'-------_._O'""--'--FENCI-NG-HORil:"'-PWO-.COATED-------._----E:;T95:-ei00-----E,-, 69-5:00'" ::,~CH FOR FEEDER DIVIDERS ONLY 1.00 * REMOVAL & INSTALLATION LABOR 3,240.000 3,240.00 ::ACH -----------,- CUSTOMER CAN-REMOV"E--OL"DEQU"i'PMENT-AND -LABOR WI LL"---."-'"-------"-..----- CAN BE BILLED AT TIME AND MATERIAL NET ORDER: FREIGHT: SALES TAX: ;':::0, bi22. 26 .00 .00 ORDEf, TOTAL: i~0, &2i.~" c:6 EXHIBIT "G" _.' ,-- ,,',', -~' ,,;.;c,,<,,"., ",1.11 '( 'Iii. ~ . . VERIFICATION I verify that the statements contained herein are true and correct I understand that false statements herein are made subject to the penalties of lS Pa.eS.A. ~4904, relating to unsworn falsification to authorities. ~7f:~ Benny R. Starner Dated: OctobeJ:' 22, 2001 d ". h ..;~ .',- ~~ ~~.!:!lii~~!"'\iW.,~Ii"Il.';~.T~P.!!l,tIill!,,*1f;l;'!!',illi.1i;i't'~i"I~_b~";"'';'''''''J,,,c:;;',;,~"_,,,,';,, ""'-'<M-,,-,*,:e;,,,ilifAt'0:-j;jihiIN~'<i~~!lI!iiI~- ~~ -~ -.$) -.( -t:: ~ ~ CA 8 -.t - . ... . Go. -C::: ~ 8J ~ o ~; :<::;,.. ~~" v L'.~' mrn z::c.' ~~~: <-"\..) 2:; C) ~Cl ..."'.C":::' 7 :~ @ r I. nUl! Lit iLll!..I,. ttlJln,J,,^lJ;,,tL.,LIJ(I~J'[!,,, fh,t, ".,,,I,~A"d,.j,,,.;,,,, ,~ . <Iii,. bl,W1-, .Ji ~ ~ o C? o ~1 o '" -I N C.J :II ,'~. - -- ~..q ~::j ;; ~-::~t~ ~jrn -; ~~ -~ -< :> :::n: -:...., rV I ,~W",J('U". ~ " ~. ""' ,J,~. ,.,t,"';:;~~;i SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06051 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STARNER BENNY R VS HEFLICH HENRY JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HEFLICH HENRY JR INDIVIDUALLY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of SCHUYLKILL County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 13th, 2001 , this office was in receipt of the attached return from SCHUYLKILL Sheriff's Costs: Docketing Out of County Surcharge Dep Schuylkill Co 18.00 9.00 10.00 53.72 .00 90.72 12/13/2001 MDW&O So answers_; // ..~. ......'./ ~~~/ R.~as Kline Sheriff of Cumberland County Sworn and subscribed to before me day of ~ this f f& J-D<Jl . J' . 0; ". .~ ~~ - ~' " ~,' -~ "~" .', - ~.< i ,"~",,~,.-. ) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06051 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STARNER BENNY R VS HEFLICH HENRY JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HEFLICH HENRY JR T/D/B/A SUMMIT FARMS but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of SCHUYLKILL County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 13th, 2001 , this office was in receipt of the attached return from SCHUYLKILL Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 12/13/2001 MDW&O So answe~ /._/ ./ . ,..;/ /~~~--'>/ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me day of ~ this I~-Il ~6-V I .D 1 ~ '.. ~"' . '~i"';,>'."~ii In The Court of Common Pleas "or'Cumberland County, Pemnsylvania Benny R. starner VS. Henry Heflich Jr. et al SERVE: . . Henry Hefl~ch, Jr, ind~vidually No. 01 6051 civil Now, October 24, 2001 , I, SHERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Schuylkill County to execute this Writ, this deputation being made at the request and risk of the Plaintiff ~"".,/ ~4' -r ~<.-j~~ Sheliff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE Iv1ILEAGE AFFIDA VIT $ $ "'" " ~'.o ,"-.,i.:.;,~~,,,, ,J'~ti~~;1 SERVE: . . '4 In The Court of Common Pleas 'of Cm:nberland County, Pennsylvania Benny R. Starner VS. Henry Heflich Jr. et al Henry Heflich Jr t/d/b/a Summit Fanns No. 01 6051 civil Now, October 24, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Schuylkill County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. v .~~~-.,::.~~ . Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made !mown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of ,20_ COSTS SERV1CE MILEAGE AFFIDA VIT $ $ 1.'1 ., - Fri pee 7, 2001 11:47AM ~ ~,~ J,' SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570} 622-5570 * * A F F I D A V I T PLAINTIFF: STARNER,BENNY R V S HEFLICH JR,HENRY ET AL DEFENDANT: o F RETURN" . . DEPUTIZED FROM CUMBERLAND COUNTY COURT NUMBER FILED BY TYPE OF PAPER SERVING NUMBER PRO FILE DATE EXPIRATION SHF RECEIVED DEP RETURNED PEOPLE: NAME ADDRESS 1 Service for HEFLICH JR,HENRY HEFtICH T/D/B/A SUMM SUMMIT FARMS SUMMIT FARMS SEQ DATE TIME SERVED TO ---------- -------------------- 1 11/01/2001 17 :23 [NOT FOUND] . REMARKS . NO ANSWER/CARD LEFT 2 11/15/2001 13 :25 [NOT FOUND] . REMARKS . NO ANSWER/CARD LEFT (p E 0 P L E B E S E R V E D) T 0 ADDRESS 2 P.O. BOX 9 P.O. BOX 9 (ATTEMPTS A T S E R V I C E) ADDRESS 1 ADDRESS 2 BOX 9 BOX 9 01-6051 CIVIL CUMBERLAND COUNTY SHERIFF COMPLAINT IN CIVIL ACTION 29388 10/22/2001 11/21/2001 10/25/2001 12/07/2001 CITY ST ZIP ,,~~ 1.,i.-l! SUMMIT STATION SUMMIT STATION PA PA 17979 17979 PAGE: 3 DEPUTY GRAZEL JR, J GRAZEL JR, J MILES COST CITY ST ZIP 0.00 0.00 Total r 0.00 SUMMIT STATION FA 17979 Total Mileage Charge for all Services : SUMMIT STATION FA 17979 26.22 " . I"" ~~ r.fllii " "'""",,, '~"',; Fri Dee 7, 2001 11:47AM PAGE: 2 SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 * * A F F I D A V I T o F R E T URN . . ===========~========================================================================~===========================================~== I hereby CERTIFY and RETURN a NOT FOUND because unable to locate the individual, company, corporation, etc, named above. day of ~ ooooFOoo...O'OO,=,,'OO=====OO======O===,=OOO=====OO=====oo=...==o===.=oo====o====.oo====oo=~.o _====- I SO ~S"0 ~OOI SWORN and subscrlbed before me th~s fu 1 t ^ r kiN. V,.JU, J ;; =================================================================================================================================== End - of - Return (X-409-2001) 2 - Fri Dee 7, 2001 11:47AM DESCRIPTION ADVANCE COSTS - SERVICE R D & R BERVl CE ADD SERVICE MILEAGE PROTHY FEE FOR SERVICE REFUND SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 * * A F F I D A V I T o F RETURN c 0 S T S I N FOR MAT ION PAYMENTS 140.00 End - of - Return (01-6051 CIVIL) . . CHARGES 9.00 9.00 6.00 26.22 3.50 86.28 Advance Payment Cost of Service Refund Paid .. EALANCE 140.00 131 .00 122 ,00 116 ,00 89 .78 86 ,'8 0.00 140.00 S3.72 86.28 ,'l.,,<. " I. . ~ "ilfiii <&,;18 PAGE: 5 '~ - Fri Dee 7, 2001 11:47AM SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 * * A F F I D A V I T PLAINTIFF: STARNER,BENNY R V S HEFLICH JR.HENRY ET AL DEFENDANT: o F R E T URN PAGE: 1 . . DEPUTIZED FROM CUMBERLAND COUNTY COURT NUMBER FILED BY TYPE OF PAPER SERVING NUMBER PRO FILE DATE EXPIRATION SHP RECEIVED DEP RETURNED PEOPLE: NAME ADDRESS 1 ServicE! for HEFLIeR JR,HENRY HEFLIeH T/D/BfA SUMM SUMMIT FARMS SUMMIT FARMS SEQ DATE TIME SERVED TO --------- -------------------- 1 11/01/2001 17:23 [NOT FOUND] . REMARKS . NO ANSWER/CARD LEFT 2 11/15/2001 13 :25 [NOT FOUND] . REMARKS , NO ANSWER/CARD LEFT (P E 0 P L E T 0 B E S E R V E D) ADDRESS 2 P.O. BOX 9 P.O. BOX 9 (ATTEMPTS A T S E R V I C E) ADDRESS 1 ADDRESS 2 BOX 9 BOX 9 01-6051 CIVIL CUMBERLAND COUNTY SHERIFF COMPLAINT IN CIVIL ACTION 29388 10/22/2001 11/21/2001 10/25/2001 12/07/2001 CITY ST ZIP ,'., ~'-, ,'~ ",' L ",I, ,;,~'")."""';';.il SUMM:IT STATION SUMMIT STATION PA PA 17979 17979 DEPUTY GRAZEL JR, J GRAZEL JR, J MILES COST CITY ST ZIP 38 13.11 SUMMIT STATION PA 17979 38 13.11 SUMMIT STATION PA 17979 Total 26.22 Total Mileage Charge for all Services 26.22 '!1 Fri Dee 7, 2001 11:47AM - " ".,', ~ , ""; 1 ~ :~; , PAGE: 4 SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 * * A F F IDA V I T o F R E T URN . . ~~~===~~===~=~=========~====~================~==========~=====~====~===========~====~======================~====~=========~======== I hereby CERTIFY and RETURN a NOT FOUND because unable to locate the individual, company, corporation, etc, named above. SWORN and subscribed before me this ===================================================~=====================================- SO ANSWERS 1% day of Q JI.{' Q VY\...L.. j ,c900C /;:/' / // End - of - Return (X-409-2001) . {,' " .. . . (?II \~; !~ /::--. ,(,-, I, II \:::::;.; 11QJ ~: t-- . ...;,,, ~I ,,' < .'. , .,' ~, ' F:\FtLES\DA T AFu..E\Gendoc,~\l.r\ \ ()~() \ --\:rnn. \ It& Cr~al~d: 04/04/0104:56;45 PM Revised:' 10f2210109:5S:1SAM BENNY R. STARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2001- (1,65/ CIVIL ACTION- LAW HENRY HEFLICH, JR, Individually, and t/d/b/a SUMMIT FARMS, Defendants 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 Plaintiffs. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 g:> -.. (0 (" "'1 '" (.)'j ,~ -~ (""' I" ,'"- ") .P ~ , ,-'1 " -r .--" I nlUE COpy FROM Reoo~O li'l T~r.1(Jny w\~ill@I. I 00l'1i lm-iai!!lllt my llar.o ,,,.,A I'"'' ."""::;' .'" .,,,,'" ,'"",,, "~..,.......... .:.!.\'u ~,,~ .....~D ". ~N ~n: va.f~~ f:~CI.. (i\lli 'r&!" ., ..~ . "'- ~ ' """>-<"\.""0'_ - F:\FIL&S\DAtAFILffiGendoo.cur\10301_com.l Created: 04/0510109:37:51 AM Revised: 10/22101 09:55:59 AM BENNY R STARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2001- CIVILACTlON - LAW HENRY HEFLICH, JR, Individually, and t/dlb/a SUMMIT FARMS, Defendants COMPLAINT L Plaintiff, Benny R Stamer, is an adult individual who resides at 374 Georgetown Road, Gardners, Cumberland County, Pennsylvania 17324. 2. Defendant is Henry Heflich, Jr., individually and t/dlb/a Summit Farms, having a business address at Summit Farms, P.O. Box 9, Sunrmit Station, Schuylkill County, Pennsylvania 17979. 3. On January 6, 1999, Plaintiff and Defendant entered into a written lease agreement whereby Defendant leased from Plaintiff a certain farm situate on Georgetown Road, Cumberland County, Pennsylvania for the purpose of a hog finishing farm; a copy of said lease agreement, together with a written addendum of even date, (herein collectively, the "Lease") is attached hereto, marked Exhibit "A," and incorporated herein by reference. 4. Pursuant to the terms of the Lease, Plaintiff tendered possession of the farm to Defendant on January 6,1999 and Defendant accepted possession of the same. S. Since January 6,1999, Defendant has remained in possession of the farm and has conducted a hog finishing operation on the premises. 6. The Lease requires Defendant to pay Plaintiff the sum of $33,600.00 annual rent payable in monthly instalhnents of$2,SOO.00 on the first day of each and every month of the term. 7. Defendant has failed to pay all rent reserved under the Lease, whereby unpaid rent in the amount $39,586.00 is now due; a calculation of the unpaid rent, giving credit for payments made, is attached hereto, marked Exhibit "B," and incorporated herein by reference. 8. The parties have never entered a written agreement to change, modify, terminate or otherwise discharge the terms of the Lease. FI;;:O~ll l{f.:C~JjH!) ! ~~ ijf!i;!;l! ~!I1i/ twill) l)J1'1 ." Cl'i.~. fit.. ( prot!1or1(\t~ , ~ " ,"'- ~,-",'"",," , -~ '", j , ; '"~ ,'~' """;',, ':;, ~ ,'*, i 9. On February 27, 2001 and again on September 10, 2001, Plaintiff made written demands upon Defendant for payment of all unpaid rent accrued through September 1, 2001, which demands were forwarded to Defendant by certified mail, return receipt requested; a copy of said written demands are attached hereto, marked Exhibits "COO and "D," and incorporated herein by reference. 10. Pursuant to the provisions of Paragraph 20 B of the Lease, Plaintiffis entitled to a late charge equal to ten (10) percent of the unpaid rent. 1 L At the time of the filing of this Complaint, late charges amount to $3,959.00. 12. There is attached hereto and marked Exhibits "E" and "F," return receipts card for the notices identified in paragraph 9 of this Complaint, which return receipts were signed by or on behalf of the Defendant 13. Defendant has further breached the terms of the Lease, and specifically the terms of paragraph 10 therein, whereby on or about Spring, 2000, Defendant's operations caused a manure spill and Defendant failed to take prompt remedial measures to clean up the spill. 14. As a result of Defendant's failure to take prompt remedial measures to clean up the manure spill, Plaintiff was forced to undertake prompt remediation to avert enviromnental contamination and incurred the following expenses related thereto: Straw (Absorption) $20.00 Labor $12S.00 IS. Plaintiff makes demand upon the Defendant for the payment of the costs of remediation in the amount of$145.00. 16. Defendant wrongfully removed from Plaintiff s barn the feed system which was part of the original barn construction. There is attached hereto and marked as Exhibit "G," a quotation in the amount of$15,62226 for the replacement of this system and Plaintiff makes demand upon Defendant for repayment of this amount 17. Pursuant to the terms of Paragraph 20 of the Lease, Plaintiff is entitled to his costs and his reasonable attorney's fees, to be determined as of the time of entry of judgment, in this matter. '" "_<C;'_ &"" ", - ,,~'" '. .",i,1 , WHEREFORE, Plaintiff demands of Defendant judgment in the amount of$59,312.26, plus costs, plus interest, plus reasonable attorney's fees, plus unpaid rent charges and late charges accruing after the date of the filing of this Complaint, all of which is in excess of the limit requiring compulsory arbitration under local rules of court. MARTSON DEARDORFF WILLIAMS & OTTO Date: October 22,2001 BY~ Edward L. Schorpp, "Esquire Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff ",1' .:.1, -1 ,< H q, __ tt~ ~~ "~~,~ ~ '.'.' ~-",~,.,I , LEASE AGREEMENT TillS LEASE AGREBMBNT (hereinafter caIled the' "Lease"), is made this 6th day of January 6, J999 by and between BENNY R. ST AHNER, and individual wi1I1 his mailing address located at 374 Georgelown Road, Gardners, PA J7324 (hereiDafter caDed "Landlord"), and Summit Farms, Henry Hetlich Jr., having an address at P.o. Box 9, Summit Station, Pennsylvania 17979 (hereinafter called "Tenant"). WITNESSETH: Thai in consideration of the renlS, covenants and agreements contained herein, Landlord hereby leases to Tenant and Tenant hereby rents from Landlord the Premises as hereinafter defined for the term, upon the rentals, and subject to the terms and conditions hereinafter set forth as follows, namely: 1. DEMISED PREMISES A. Landlord hereby demises and leases to Tenants, and Tenant hereby rents from Landlord the buildings and the acreage outlined in red on Exhibit "At attached hereto (the "Demised Premises or Premises"), located at 560 Block of Georgetown Road, Cumberland County, Pennsylvania, a Farm owned by Landlord. Together with all easements, rights, privneges and appurtenances belonging to the demised premises and the use, in common with othen, of the Farm parking areas, and service areas, which uses shall be for itself, its officers, employees, and invitees. B. Tenant acknowledges that it has inspected the Demised Premises, is aware of its condition, and sgrees to and hereby accepts the Demised Premises in its "as is-where is" condition with no representation or warranty directly or indirectly by Landlord as to the condition of the Demised Premises or their suitability for TeDant's proposed improvements thereto or use thereof and with no promise by Landlord or its agents to improve or repair the Demised Premises. C. Within thirty (30) days after the execution oftbis Lease, Tenllllt shaD submit to Landlord, fur Landlord's reasonable approval, proposed detailed specifications and construction plans for the renovation of the Demised Premises ("Renovation Plans"). Landlord shall have s period of fifteen (I S) dR)'S to review said Renovation Plans and make comments and/or grant written approval Once approved, the Renovation Plans will become part of this Lease. D. Tenant shall be responsible for aD costs and expeDlle of obtaining any necessary governmental approvals. Landlord shall cooperate with Tenant as necessary in applying for approvals. Promptly after a bunding permit is issued wilh respect to the renovation of the Demised Premises, Tenant shall begin such renovations in accordance with the approved Renovation Plans. R Upon full execution of the Lease, provided Landlord bas received a Certificate of Insurance in accordance with Section 14 hereof, UndIord shaD deliver the Demised Premises to Tenant and Tenant shaD have the RcceSS to the Demised Premises prior to the Commencement Date of the Lease. 2. TERM AND OPTIONS This Lease shall be effective upon full execution by both parties to the Lease. The term of this Lease shall be thirty-six months and shall commence on the fust to occur of Sixty (60) days after the delivery of the Premises to the Tenant ("Delivery Date") or the date of the month in which it commenced. Each of the parties hereto agrees, upon the request of either made on or after the commencement of the term, promptly to execute, acknowledge and deliver an EXHIBIT "A" . ~, -' "l ~. "'---01 "_. '.' '^lWJ' , instnunent in recordable form setting forth the dates of commencement and the end of the term in the form of Exhibit ''Boo. 3. USE OF PREMISES A. Business - The demised premises are lease to Tenant to be used and occupied for the operation of a hog finishing farm and for no other use without the prior written consent ofLandlord. R As on of the inducements for making this Lease, Tenant hereby covenants and agrees to occupy the Premises promptly after the commencement of the term of this Lease and thereafter continuously during the said term, to conduct in said Premises the business permitted in paragraph (A) during hours recognized in the trade as normal and customary for such type of business, to keep in stock in the Premises a full an ample line oflivestock!supplies for the pwpose of canying on the business. Tenant will not us., permit suffer the use of the Premises for any other business than that hereinabove stated and will not use or permit any use of the Premises except in a manner consistent with general high standards of farming. Tenant will not permit, allow or cause any publio or private anction sales to be cooducted on or from the Premises. Tenant will conduct business on the Premises only in the name of Summit Farms and under no other name or trade name unless anduntU the use of some other name is approved in writing by LandIord. 4. RENT A Tenant covenants and agrees to pay to Landlord, as rental for the Premises, the following minimum annual rent: $33,600.00 Thirty - three thousand six hWldred doUars payable at $2800.00 twenty - eight hundred per month. B. Monthly installments of rent shall be due and payable on the first day of each month in advance wilbout any setoff or deductio!l whatsoever. If the Commencemeut Date is not the first day of the month, minimum rent for the mO!lth in which the Commencement occurs shall be prorated based on a thirty (30) day month. 5. QUIET ENJOYMENT A. Landlord hereby coven8l1ls and agrees that so long as Tenant complies with all the terms, cove!lants and provisions of the Lease, Tenant shall have the peaceful and quiet use oflhe Premises without let or hindranoe on the part of Landlord and Landlord shall warrant and defend Tenant in such peaceful and quiet use and possession agamst the claims of the pClllons claimiltg by, through or under Landlord. B. SUBORDINATION - Tenant's rights under this Lease are, however, and shan always be subordinate to the operation and eftect of any grouod lease or mortgage, deed of trust or similar security instrument (hereinafter coUectively called "Security InstruIDent") !lOW or hereafter placed upon the land or buildings of which the Premises are a part thereof, by Landlord or any renewal, modification, consolidation, replacement or extension of any such Security Instrument, unless such secured party elects to have shall be self-operative and no further mstruIDent of subordination shall be required. In confirmation of such snbordination, Tenant shall execute promptly any certificate that Landlord may request. Tenant hereby constitutes and appoinls Landlord as Tenant's attomey-in-mct to execute any such certificate or certificates for and on bebalf of Tenant 2 " ~ ," " 1 '0_-=<:: 6. PARKING AREAS A. During the telDl oflhis Lease, customers of Tenant shall be entitled to the non-exclusive use, free of charge, but in common with others, of the driveway, footways and parking areas from time to time existing within the Farm, provided that such use shan be subject to such roles and regulations as Landlord may from time to time presc;ribe governing the same; and provided liuther tlJat Landlord shall at all times have fWl and exclusive contro~ management and direction of said driveways, footways and parking areas. B. Tenant, at Tenant's sole cost and expense shall cause the lighting of the barn area of the Demised Premises to be separately metered and controlled by Tenant Tenant covenants and agrees that it will provide reasonable maintenance, footwaY" and parking areas within the Demised Premises and tlJat it will keep the same in reasonable repair and reasonably free or litter and snow. Tenant agrees that as its sole expense, it will keep the main access driveway to the flIrm to the entrance of Ten ant's bam area clear and free of snow and ice during the hours needed for access to the barn. Any cost attributable to such worl< will be paid by Tenant. 7. ASSIGNMENT AND SUBLETI1NG A. Tenant covenants and agrees not to assign this Lease in whole or in part, norto sublease all or, any part of the Premises nor permit other perSODll to occupy the Premises or any part thereat; nor to grant any license or concession for an or any part of the Premises, without the written consent of Landlord in each instance first had and obtained. Landlord's consent IlllIY be denied at anytime Tenant is in default under this Lease. Tenant's changing from a sole proprietorship to a corporation shaU not be considered an assi!!JUllent B. Any consent by Landlord to an assignment or subletting of this Lease shaU not constitute a waiver of the necessity of such consent as to any subsequent assignment or sublelting. C. Any consent by Landlord to an assignment or subletting ofthis Lease shall not relieve the Tenant of any ofits liabilities or obligations hereunder, unless specifically agreed to in writing by Landlord. An assignment for the benefit of Tenant's creditors or otherwise by operation oflaw shall not be effective to transfer or assign Tenant's interest under this Lease unless Landlord shan have first consented thereto in writing. D. In the event tlJat Tenant desires to assign this Lease or to sublease an or any portion of the Premises, Tenant shall Landlord an admiDistrative fee of One Hundred and Fifty Donars ($150.00) plus Landord's attorneys' time and fees charged in the review of any assignment or subletting proposed by Tenant (payable whether or not Landlord grants consent). R Any attempt to assign or sublet this Lease in violation ofthis section of the Lease shall be null and void and of no effect 8. REPAIRS BY TENANT Tenant covenants and agrees to keep and maintain the roof and other exterior portions of the Premises including doors and windows an the interior of the building in good order and repair and to surrender the Premises at the expiration of the term in as good condition as when received, ordinary wear and tear excepted. Tenant covenants and agrees to maintain, repair, and replace ifnecessary, all heating, ventilation, and other mechanical installations and equipment used by, or in connection with, the Premises. Tenant will not overload the electrical wiring or plumbing and will not instan any additional electrical wiring or plumbing unless it has fIrst obtained Landlord's written consent thereto and, ifsuch consent is '\ .' given, Tenant will install the same at its own cost and expense. Tenant will repair promptly at its own expense any damage to the Premises caused by bringing into the Premises any property fur Tenant's use, or by the installation or removal of such property, regardless offault ofbywhom such dalOBge shall be caused unless caused by Landlord, its agents, employees, or contractors. In the event Tenant shall not proceed promptly aod diligently to make any repairs or perform any obligation imposed upon il by the preceding subpamgraph hereto within forty-eight (48) hours after receiving written notice from Landlord to make such repairs or perform such obligations, then and in such event, Laudlonl may at its option, enter the Premises and do and perform the things specified in said n notice, without liability on the part ofLandlonl fur any loss or damage resulting from any such action by Landlord and Tenant agrees to pay promptly upon demand as additional rent any cost or expense incurred by Landlord in taking such a~tion. 9. UTILITIES Tenant shall bear the cost of all electricity, heat, water, gas, and any other utilities which may be furnished to or consumed on the Demised Premises. Tenant shaD a also be responsible for any increase in rates, any penalties or surcharges, or any improvements to such utilities n.ecessitate or imposed as a result of Tenant's use of the Demised Premises. 10. TENANT'S OPERATIONS A. Tenant covenants and agrees I. that is will use, maintain and occupy the Premises, in a careful, safio and proper manner, and will keep the appurtenances, including adjoining driveways in a safe condition, and will promptly clean the snow, ice and debris from said driveways and appurtenances during the term oftbis Lease at its own expense; 2. that it willmaintaio the Premises at its own expense in a clean, orderly and sanitary condition, control insects, rodents, vennin and other pests; 3. that it will not pennit undue accumulatiollll of garbage, trash, rubbish and other refuse, but will remove the same at its own expense, and will. keep such refuse in proper containers on the Premises until called for to be removed; 4. that it will conduct its business in the Premises in al respects in a dignified manner and in accordance with high standards of limn operation. x R Tenant covenants and agrees not to make any alterations, additions or improvements to the farm and not to make any structural aheratiODs to the Premises, or any part thereof, without Landtord's prior written consent in each instance first had and obtained; and Tenant agrees that any alterations, additions or improvements made by it shall immediately become the property of Landlord and shall remain upon the Premises in the abseoce of any agreement to the contrary; provided, however, that Landlord shaH have the right to require the restoration of the Premises to their original condition, in which event Tenant agrees to comply with such requirement prior to the expiration or other termination oftms Lease. C. Tenant further agrees 10 roaintain any sign, billboard, marquee, awning, decoration, placard, lettering or advertising matter or other thing of any kind as m may be approved by Landlord in good condition and repair at all times. A , ,,~, '" ^ ^'~~ ~"'~, "!!tiWit,w~ " "-"'~ '~.- D. T~t covenants and agrees to execute and comply with aU laws, mles, orders, directions and requirements of all governmental departments, bodies, bureaus, agencies and officers, and with aU rules, directions, requirements and recommendations of the local board of fire underwriters and the fire insurance rating organizations having jurisdiction over the area in which the Premises are situated, in any way pertaining to the Premises or the use and 0Cl:IlpBJICy thereof. In the event of repeated violations where Tenant shall fail or neglect to comply with any oflhe aforesaid laws, rules, orders, directions, requirements or recommendations, Landlord or its agents may enter the Premises and take all such action and do an such work in or to the Premises as may be necessmy in order to cause compliance with such laws, rules, orders, directions, requirements or recommendations, and Tenant covenants and agrees to reimburse Landlord prompUy upon demand for the expense incurred by Landlord in taking such action and performing such work. Tenant further covenants and agrees not to do or suffer to be done, or keep or suffer to be kept anything in, upon or about the Premises which will contravene Land1ord's policies in companies reasouably a acceplable to Landlord; and if anything done, omitted 10 be done or suffered to be done by Tenant, or kept, or sufiered by Tenant to be kept, in, upon or about the Premises shall cause the rate of fire or other insuraDl:C on the Premises, or other property of Landlord, to be increased beyond the minimnm rate from time to time applicable to the Prelllises, or any adjoining stores or to other property of Landlord for the use or uses made thereof; Tenant will pay the amount of soeb increase prompUy upon Landlord's demand. E. Tenant covenants and agrees that if any mechanics' or materialmen's lien or other lien shan be filed against the Premilles, or 8IlY other part of the limn, by reason of or arising out of any labor or material furnished or alleged to have been furnished, to or the Premises or any occupant thereof; or for or by reason of any change, alteration or addition made by TeDJlIIt thereto, discharged of record by bood or otherwise as aUowed by law, at Tenant's expense, within live (5) days after the filing thereof; and Tenant shall also defend on Landlord's behalf, at Tenant's sole cost and exp....e, any action, suit or proceeding which may be brought thereon or for the enforcement of 8IlY such lien, and Tenant will pay any damages and satisl'y and discharge any judgment entered thereon and save Landlord harmless from any claim or damage resulting therefrom. If at IlIIY time Tenant does not comply with the covenants made in !hill subparagraph, Landlord may, at its option, after giving Tenant three (3) days prior written notice of its intention to do so, cause such lien to be canceled and discharged of record by bond or otherwise as aUowed by law, and Tenant shan pay an co.ts thereof, including reasonable aUorney'. fees, as additional rent, payable with the next ensuing inslaDment of minimum rent. 11. ROOF AND WALLS Tenant shan repair, maintain and conduct snow removal from roofs if necessary. 12. TENANT'S INSURANCE A Tenant .hall, and does hereby, indemnify and hold harmless Landlord and any other parties in interest set for in Section 14 (B) (4) from and against any and aU liabilities, fme., claims, damages .and actions, costs and expen.es of any kind or nature (including attorney's fees) and of anyone whatsoever. 1. Relatiog to or arising from the u.e and occupancy of the Premises 2. Due to or arising out of mechanic's lien flied against the fOIlD or any part thereof, fur labor performed or for materials furnished, or claimed to he Iiuni.hed, to Tenant or 5 . , ".. " ~ 3. Due to or arising out of any breach, violation or non-performance of any covenant, condition or agreement in this Lease set forth and contained on the part of Tenant to be fullilled, kept, observed and performed, unless such damage or injury sbal1 be occasioned by the gross negligence or willful act or omission of tbe Landlord or any of the other aforesaid parties in interest, or their respective agents, servants or employees (in which event, Landlord shaU indemniIY and hold harmless Tenant to the extent to sucb gross negligence or willful act or omission). Notwithstanding the foregoing, Teuant shall at an times remain liable fur, and ind~tmIify and hold hannless Landlord as aforesaid against, and damage or qury arising from perils against which Tenant is required by this Lease to insure. B. Tenant covenants and agrees that from and after the date of delivery of the Premises from Landlord to Tenant, Tenant will carry and maintain, at its sole cost and expense and in the amounts specified and in the fonn hereinafter provided, the following types of insurance's: I. General public liability insurance with respect to tbe Premises and Tenant's use thereofwith companies acceptable to Landlord and in a policy or policies, the fonn of which is or ...., satisfilctory to Landlord, covering both Landlord and Tenant, as their interests may be, against claims for personal injury or deati. and property daroage occurring upon, in or about the Premises, such insurance to afford protection to the limit of not less than $1 ,000,000 arising out of anyone occurrence, and against property damage to afford protection 10 the limit of not less than $1,000,000, or such insurance maybe fur a combined single limit ofSl,Ooo,ooO per occwrence. 2. All risk insurance covering the boilding, improvements, and property of Tenant including trade fixtures and personal property from time to time in, on Dr upon the Premises and any alterations, improvements, additions or changes made by Tenant thereto in an amount not less than one-hundred percent (100%) oftheir fuU replacement cost from time to time during the Lease term, providing protection against perils included within the standard Pennsylvania form of fire and extended coverage insurance policy. 3. All policies of insurance to be provided by Tenant shall be issued in fonn acceptable to Landlord by insurance companies with general policybolder's rating of not less that A and allnancialrating of AAA as rated in the most current available "Best's" Insurance Reports, and qualifled to do business in the Commonwealth of Pennsylvania. Each sucb policy shall be issued in tbe names of Landlord and Tenant. Said policies shall be for the mutual and joint benefit and protection of each said parties and executed copies of each such policy of insurance or a certificate thereof shall be delivered to Landlord within ten (10) days upon full execution of this document and thereafter at least fifteen (15) days prior to the expiration of each snch policy. As often as any such policy shall expire or terminate, renewal or additional policies shaU be procured and maintained by Tenant in like manner and to like extent AD such policies of insurance shan contain a provision that the company writing said policy will give Landlord at least thirty (30) days notice in writing in advance of any cancellations, or lapse, or the effective date of any reduction iu the amounts of insurance. In the event Tenant sball fall to promptly furnish any insurance hereiu required, Landlord may effect the same for a period not exceeding one (1) year and Tenant shaU promptly reimburse Landlord upon demand, as additional rent, the premium so paid by Landlord. If 6 . '^",' -, < ,n ~, ""iii\;w ~. ; upon Tenant's fuiIure, rather than purchase separate insurance coverage, Landlord chooses 10 include Tenanl's coverage under Landlord's insurance policies Ihen Tenant shan promptly reimburse Landlord upon demand, as additionalrenl, the greater oflbe increase in Landlord's premium resulting therefrom or $1,000.00. All such public liability, property damage and other casually policies shaD be written as primary policies which do not contnoole to and are not in excess of coverage which Landlord may cury. All such public liability and property damage policies shaD contain a provision that Landlord shan nevertheless be entit1ed to recover under said policies for any loss occasioned to them, their servants, agents and employees by reason of the negligence of Ten ant or any other named insured. Any insurance provided for may be effected by a policy or policies of blanket insurance, covering additional ilems or 10calioDB; provided, however, that: a. Landtord shall be named as an additional insured thereunder as its interests may appear; and b. the coverage afforded Landlord wiD not be reduced or diminisbed by reasou of the use of such blanket policy of insurance; and c. any such policy or policies (except any covering the risks refetted 10 in Section 14 (B) (I), shaD specifylherein (or Tenant sbaD furnish Landlord with a written stalement from the insurers under such policy speciljling) the amount of the lotal insurance detailed in Section 14(B) (2); and d. The requirements set forth herein are otherwise satisfied. Any insurance policies herein required to be procured by Tenant .haD coutain an express waiver of any right of subrogation by the insurance company againsllbe Landlord. 4. Notwithstanding any other provisions oflbis Lease to the contrary Tenant hereby waives any right it may have against Landlord on account of any loss or damage occasioned to Tenant, its property, the Premises or its contenls arising from any risk generally covered by fire and extended coverage insurance together with insurance against sprinkler damage, vandalism and malicious mischief, whether or nol such a policy shan be in force. Notwithstanding any other provisions oflbis Lease to the contrllry, Landlord hereby waives any rights it may have against Tenant on account of any loss or damage occasioned to Landlord, its property or to the limn arising form any risk generaDy covered by fire and extended coverage insurauce together wilh insurance against sprinkler leakage or other sprinkler damage, vanda1ism and malicious mischief, whether or not such a policy shan be in force. The parties herelo also each, on behalf of their respective insurance companies insuring the property of either Landlord or Tenant against any such los., waive any right of subrogation that such insurance company(ies) may have against Landlord, said other parties, tenants or occupants, or Tenant, as the case may be. If either Landlord or Tenant shaD be unable, after using besl efforts, to oblain and/or maintain the waiver of subrogation set forth in Ihe immediately preceding sentence from its insurance carrier(s) (or from any other insurance carrier(s) without substantial increased cost) and shaD so notify the other pIlrty of such inability within thirty (30) days thereafter, then the above mutual waiver of subrogation shan no longer be effective until again obtainable by both parties. 7 fl" "~ ~" ~ "''"-'"" ". ~"""~W' 14. TRADE EQUIPMENT A. Landlord and Tenant agree that Tenant, at Tenant's sole cost and expense, may remove those certain equipment currently located in Landlord's property at 300 Block Georgetown Road, Gardners, P A, a!Tenant's sole risk. Tenant sball hold Landlord (including its officers, employees, and agents) banniess from and against any costs, damages, losses, expenses, causes of action, claims or judgments resulting from iqjury to, or death of, any person or damage to property of aoy kind, which injury, death or property damage arises out of, relocation of, and reinstallation of said equipment to another site. Landlord shall have no liability whatsoever. ' B. AD trade equipment installed by Tenant in the Premises, other than improvements made by Tenant to the Premises, shall remain the property of Tenant and shall be removable from time to time and also at the expiration oflh. term of this Leas. or other termination thereof, provided Tenant shall not at such time be in default under any covenant or agreement contained in this Lease; otherwise such property shall be removable and Landlord shall have a lien of said f fixtures to secure itself against loss and damage resulting from said defilult or defaults by Tenant. 15. INSPECTION OF PREMISES Tenant covenants and agrees to permit Landlord, its agents, employees and contractors to enter the Premises and all part thereof at all reasonable times in a coUlteous and professional marJIler to inspect the Premises audIO enforce and carry out any provision of the Lease. In the event of a non-emergency service call, Landlord sball attempt to notify Tenant in advance of such service-related visits. At all times, care shall be taken to protect Tenant's livestock:. 16. TERMINATION OF LEASE A. The parties hereto covenant and agree that this Lease and the tenancy hereby created shall cease and terminate at the end of the original term hereof without the necessity of any notice from either Landlord or Tenant to terminate the same, and Tenant hereby waives notice to remove. If Tenant shall occupy the premises after such expiration or termination, it is understood that Tenant shall bold the Premises as a tenant from month-to-month, subject to all the other tenns and conditions of this Lease, at au amount equal to double the highest monthly rental installment reserved in this Lease. Landlord shall, upon such expiration or termination of this Lease, be entitled to the benefit of all public, general or local laws relating to the speedy recovery of possession of lands and tenements held over by Tenants that may be now in force or may hereafter be enacted. B. Tenant covenants and agrees that for the period of six (6) montbs prior to the expiration ofthe term of this Lease, Landlord shall bave the right to display on the exterior of the Premises the customary sign "For Rent" and that during such period Landlord may show the Premises and aU paris thereofto prospective tenants between lbe hours of9:00 A.M and 5:00 P.M on any day except Sunday or any legal holiday on which Tenant shan not be open for busines.. 17. FIRE OR OTHER CASUALTY If the Premises shall be damaged by flre, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole or in part, Tenant shall promptly at its own expense cause such damage 10 be repaired, and the renl shall not be abated; if by reason or sllch occurrence, the Premises shall be rendered untenantable ouly in part, Tenant shall promptly at its own expense cause the damage to be repaired, and the minimum rent meanwhile shall be abated proportionately to the portion ofthe Premises rendered untenantable; ifby reason of such occurrence the Premises shall be wholly IlOtenantable. Tenant shall o - > '~'. ~ " __ z"', - -L"~ "<It promptly at its own expense cause such damage to be repaired, and the minimum snow rent meanwhile shan be abated in whole. 18. EMINENT DOMAIN If the whole or any part of the Premises shall be taken under the power of eminent domain, then this Lease shall terminate as to the part so taken on the day when Tenant is required to yield possession thereof; and Landlord shall make such repairs and alternations as may be necessary in order to restore the part not taken to useful condition; pending the restoration by Landlord of the portion of the P Premises so taken, the minimum rental shall be reduced proportionately to the portion of the Premises so taken. If the amount of the Premises for the purposes for which is .such as to substantially impair the usefulness of said Premi:les for the purposes for which the same are hereby leased, then either party sball have the option to terminate this Lease as of the date when Tenant is required to yield possession. The compensation awarded for such taking, both as to Landlord's reversionary ioterest and Tenant's interest under this Lease, sball belong to and be the property of the Landlord; provided, however, that the Landlord shall nol be entitled to any portion of the award made to Tenant for loss of Tenant's business or for the cost of removal ofits live stock, feed and Tenant's trade equipment. 19. BANKRUPTCY OR lNSOLVENCY If any sale of Tenant's interest in the Premises shall be made under execution, or similar legal process, or if Tenant shall be adjudicated a banlaupt or insolvent, and suchadjudieation is not vacated within ten (10) days, or if a cOIpomte reorganization of Tenant or an arrangement with its creditors shall be approved by a court under the Federal Bankruptcy Act, or if Tenant shall make an assignment for the benelit of creditors, or in any other manner, Tenant's interest under this Lease shall pass to another by operation oflaw, then and in any of said events, Landlord may, at its option, reenter the Premises and declare this Lease and the tenancy hereby created tenninated. 20. DEFAULTS AND REMEDIES A Ifthe rent agreed to be paid, including all other sums ofmoneywbich under the provisions hereof may be' considered as additional rent, shall be in arrears in whole or in part, Landlord may distrain therefore. If Tenant shall violate any covenant, including the covenant to pay rent, made by it in this Lease and shall fail to comply with said covenant within five (5) days after being sent written notice of such violation by Landlord, Landlord may, at its option, reenter the premises and declare this Lease and the tenilncy hereby created terminated; and Landlord shall be entitled to the benefit of all provisions oflaw respecting the speedy recovery of lands and tenements held mler by tenants ot proceedings in forcible entry and detained. Tenant further agrees, that notwithstanding snch reentry, Tenant shall r remain liable for any rent or damages which may be due or sustained prior thereto, and Tenant shall further be liable, at the option of Landlord, for SUDIS of money as liquidated damages for the breach of any covenant to be calculated in one of I. he following two methods which may be designated by Landlord in or after said notice of termination: I. Tenant shall pay to Landlord the difference between the rent reserved under this Lease for the balance of the term from the date of reentry; or 2. Tenant shall pay the amount of the rent reserved under this Lease at the times herein stipulated for payment of rent for the balance of the term, less any amount received by Landlord during such period from others to whom the Premises may be rented on such terms and couditions and at such r rentals as Landlord, in its sole discretion, shall deem proper. 9 """ B. In the event Tenant faUo to pay Landlord any minimum or percentage rental payment or any lax, operating cost, or otber charge due bereunder within !en (I~) days from the date on whicb any wcb payment was due, Landlord may at Its option charge Tenant a late charge equal to ten percent (10%) of the unpaid amount in queotion, which late cbarge shall be collectible as additional rent and sball be payable by Tenant to Landlord within fifteen (15) days after written notice from Landlord incurs any costs witb regard to the processing of Tenant's rental or additional rental payment, e.g., .. a result olTenant'o giving Landlord a check that is dishonored, then Landlord sball be entitled to collect from Tenant as additional , rent, aU ouch extra costs incurred. C. If either Landlord or Tenant oball default in the performance of any covenant on the part of either 10 be performed under this Lease, and if, in connection with the enforcement of the non-defau1ting party'o righto or remedi.., s ouch non-defauJtiog party shall ineur fees and expenses for oerviced rendered (ioclllding reasonable attorney', fees), then ouch fees and expense> sbaD, ifoaid non-defanlting party shall prevail in litigation, be immediately reimbursed by lbe defaulting party on demands ao additional rent Notwithstanding the foregoing, in tbe event Landlord shall file any legal action for tbe collection of rent or any eviction proceeding for the non-payment of rent, and Tenant oball make payment of ouch sum due and payable prior to the rendering of any judgment, then Landlord shall entitled to collect and Tenant shall be obligated to pay aU coW1 filing fees, SeMce fees, related costs and the reasonable fees of Landlord's attorney an any costs ofre-Ieasing the Premises including but not limited to real estate leasing commissioos. Said fees and costs shan be coUectible by Landlord as additional rent 21. REMEDIES CUMULATIVE No JI1eIltion of this Lease of any specific right or remedy shall preclude Landlord from exercising any other rigbt or from having any other remedy or from maintaining any action to whicb it may otherwise be entitled either at law or in equity; and the failure of Landlord to insist in anyone or more instances upon a strict performance of any covenant' ofTeoant under this Lease or exercise any option or right herein contained shall not be construed as a waiver and relinquishment for the future of web covenant, right or option, but the same shan remain in full force and effect unless the contrary is expressly waived in writing by Landlord. 22. PROPERTY LOSS OR DAMAGE Landlord, its agents, contractors, servants .or employees shaH not be liable for any damage to property of Tenant or of otheTS located on the Premises or entrusted to its or their employees nor for the loss of any property by theft or otherwise, Landlord, its agents, contractors, servants or employees sball not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, wind, water, rain or snow which may leak from any part of the farm or from the pipes, appliances or plumbing works 'ofthe same or from any other cause whatsoever, unless caused by or due to the wil1fu1 or grossly negligent act or omission of Landlord, be liable for any such damage caused by other tenants or person in the farm or for interference with the light or any public or quasi-public works. All property of Ten ant kept or stored on tbe premises sball be so kept at the risk ofTenant only and Tenant shall hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant's insurance carrier. 10 .", '"' '.' " l!a~jpj);"",,:", '" 23. RECORDING In the event Landlord elects to record this Lease or a Memorandum of this Lease, Tenant agrees to execute said Memorandum of Lease, if Landlord so request 24. SUCCESSORS AND ASSIGNS Except as herein provided, this Lease and the covenanlll and conditions herein contained shan inure to the benelit of and be binding upon Landlord, its successors and assigns, and shan be binding upon Tenant, its successors and assigns, and shal1 inure tot he benefll of Tenant and only such assignee of Tenant to whom an assignment by Tenant has been consented to in writing by Landlord. In the event more than one parties named herein as Tenant shall be joint and several In the event Landlord's interest under this Lease is transferred or assigned and written notice thereof is given to Tenant, the Landlord herein named (or any subsequent assignee or transferee of Landlord's interest under this Lease who g gives such notice to Tenant) shall automaticany be relieved and released from and after the date of such transfer or conveyance from all liability hereunder except with respect to liability to refund or return to Tenant any security deposit deposited by Tenant with Landlord hereunder. Further, the liability ofLandlonl, its successors and assigns, under this Lease shall at an times be limited solely to Landlord's interest in the land and improvements comprising the farm and in the event the owner of Landlord's interest in this Lea.. is at any time a partnership, joint venture or unincorporated association, Tenant agrees that the members or partners of such partnership, joint venture or uninCorporated association shall not be personally or individually liable to responsible fur the perfurmance of any Landlord's obligations hereunder. 25. WAIVER OF JURY TRIAL The Tenant waives aD right to a trial by jury in any actioD, countercla~ Of proceeding based upon, or related to, the SuQjecl matter of this Lease. This waiver applies to all claims against aU parties to such actioDS and proceedings, including parties who are not parties to this Lease. This waiver is knowingly, intentionally, and vobmtarily made by the Tenant and the Tenant acknowledges that neither.the Landlord, nor any person acting on behalf of the Landlord, has made any representations offact to induce this waiver of trial by jury or in any way to modifY or nuIIiIY its effect. The Tenant further acknowledges that is has been represented (or has had the opportunity to be represented) in the signing of this Lease and in the making of this waiver by independent legal counsel, selected of its own fi:ee will, and that it has had the opportunity to discuss this waiver with counsel The TeJlJlDt further acknowledges that it has read and understands the meaning and ramifications oflhis waiver provision and as evidence oflhis fact signs its initials: Initials of Tenant 26. ENTIRE AGREEMENT The Lease contains the entire agreement between the parties hereto; and any agreement hereafter or heretofore made shaJI not operate to change, modifY. terminate or discharge this Lease in whole or in part unless such agreement is in writing and signed by each of the parties hereto. Landlord has made no representation or promises with respect to $e Premises except as are herein expressly set forth. . n ~" -" . " , """'"",'~f ~"~ ~~ ''''''__~.'''''E<O 27. NOTICES All notices from Tenant to Landlord, including the payment of rent and other charges, required or permitted by any provision in this LeaseshalI be hand delivered or sent by registered or certified mail, return receipt requested or by overnight courier services to Landlord at: Benny R Stamer 374 Georgetown Road Gamders, PA 17324 All notices .from Landlord to Tenant so required or permitted shan be band delivered or sent by registered or certified mail, return receipt requested or by overnight courier service to Tenant: Sommit Farms P.O. Box 9 Summit Station, PA 17979 Either party may, at any time, or from time to time, designate in writing a subetittlte address for that above set forth, and thereafter aU notices to such party shan be sent in accordance witb the above. 28. HAZARDOUS SUBSTANCES Tenant covenants and agrees that it will not use or aUow the Premises to be used for the storage, use, treatment or disposal of any "hazardous material" or "hazardous substances", other than those products customarily used in limning operations, as defined under any CUlTent or hereinafter enacted applicable federal, state, or local law statute, ordinance or regulation or court or administrative order or decree. Tenant shall abide by the nutrient management plan for the premises. 35. CAP110NS The captions in the margins oftbis Lease are for convenience only and are not a part oflhis Lease. IN WITNESS WHEREOF, the parties bereto have executed this Lease under their respective seals the day and year first above written. WIlNESS/AlTEST: LANDLORD: BENNY R STARNER Cfl~ Co' BY~'<_~~ WIlNESS/ATTEST: TENANT: SUMMIT FARMS C?-Q~ v ~: 1:1 tt:r4" 12 ~w: - ~ . --- "--'~~Ii~,;J~"',, " : F:IFILES\DA T AFILE\Gendoc.cur\1 030 I-rent. I Created,02l26JOI09:48:41AM Revistd: 09/10/01 11:21:17 AM RENT HISTORY Month Rent Due Rent Paid 1999 January (prorated) $2,258 0 February $2,800 0 March $2,800 0 April $2,800 0 May $2,800 0 June $2,800 0 July $2,800 $1,936 August $2,800 $1,936 September $2,800 $1,936 October $2,800 $1,936 November $2,800 $1,936 December $2,800 $1,936 2000 (12 x 2,800) $33,600 (12 x 1,936) $23,232 2001 January $2,800 $1,936 February $2,800 $1,936 March $2,800 $1,936 April $2,800 $1,936 May $2,800 $1,936 June $2,800 $1,936 July $2,800 $1,936 August $2,800 $1,936 September $2.800 $1,936 TOTAL 91,858 52,272 TOTAL OWED: TOTAL PAID: UNPAID RENT: $91,858 $52.272 $39,586 'C'VU,PTIT' linn ~, ,-" ,~ "" ' <~ ~. :.:,.~~d MQW&:6 A~IlNEYS 6c COUNSELlORS AT ) WII.UA.. F. MAaT JOHN B. FowLEr EDwAllD l. ScH( DANIEl. K. DE.\RD( THOMAS J. WII.UN lvo V. Om: GEORGE B. FAlLEa c.w. C. RJ MARK A. Dmu,," --... Cmmmo CML T..... s.ECt TEN EAsT HIGH STREET 0uu,J5LE, PENNSYLVANIA 17013 TELEPHONE Oi?) 143-3341 FAC$IM'LE (71 n 243-1850 INTERNET ~.mdwo.cDm February 27, 2001 VlA CER'JU1ED MAIL RETURN RECEIPT REOUESTED Mr. Henry Hefljch, k S1llIl1llit Farms P.O. Box 9 Sl1!DD1it Station, P A 17979 RE:. Lease Agreement with Benny Stamer Georgetown Road, Gardners, P A 17324 Our File No. 10301.1 . Dear Mr. Heflich: This office has been retained by Benny R. Stamer concerning your Lease Agreement dated January 6, 1999. Mr. Stamer considers you to be in substantial default under the terms aild conditions of the written lease. . I am enclosiIig an itemization ofthe total rent dm: under the Lease through February 1,2001, with a corresponding itemization of rent paid. You are currently in arrears in unpaid rent in the total amount 0[$33,538.00. Under the terms of the lease, Mr. Starner is entitled to a 10% penalty . for late payment. The penalty amount is $3,354.00. Demand is hereby made for the prompt payment of the total suri:t of $36,892.00 within five days of the date oftms letter. Mr. Stamer also incurred expenses in containing andremediating the manure spill caused by your operations. We will be itemizing his expenses in that regard, and I will be in further contact with YOIl- for payment of those expenses. I have reviewed the terms and conditions of your Lease. I am aware of no written modifications, signed by both parties, which purport to change, modify or alter the terms of the Lease as written. I am also in receipt of your letter addressed to Charles Mallios at Central State Realty concerning the security deposit. To the extent that any payment was made by you for application as a security deposit, the concerns addressed in your letter are premature. As I am sure you are aware, claims against a security deposit do not arise until the termination of a Lease. EXHIBIT "e" """,,' . .-.-"<" , t'~ : Mr. Henry Heflich, Jr. February 27,2001 Page 2 Please give this letter your prompt attention. Very truly yonts, ~'"" " ,. ;" '. ',J ~.'. '""",,-~-'),): MARTSON DEARDORFF WILLIAMS & OTTO. Edward L.$chorpp ELS/tde Enclosure cc: JamesM. Bucci, Esquire Mr. Benny R. Stamer F:\fJLSs\DAT~\Gcnltu:unl0301-bb.l INfORMATiON. ADViCE. ADVOCAcy'M "'i ,~ , :L-_J_ .;l, ~_ ',-. if' -'ri<i' . . MD\V&C5 INFORMATION. ADVICE ~ AovocAev _" . ATTORNEYS &: COUNSELLORS AT UW WILLIAM F. MARTSON JOHN B. FOWLER III EtiwMIDL SCHORPi> . DANIEL K. DEA\W()IlFF . THOMAS J. WILLIAMS . [vo V. Or-ro III GEORGE B.FI\LLERJR.' CARt. C. RISCH' MARK A. OENUNGER .BOARD CUTlFlEO CML TItfAL SPECl.\UST TEN EAsT HIGH STREET Cl,RtISLE. I'ENNSYLV.oNIA 17013 TELEPHONE (717) 243.~341 FACSIMILE (717) 243-1850 INTERNET WW'\v..mdwo.cbm September 10, 2001 VIA CERTIFIJ;D MAIL RETURN RECEIPT REOUESTED Mr: Henry Heflich, Jr. Swnmit Fanns P.o. Box 9 . . . Stinunit Station, P A i 7979 RE: . Lease Agreement witlJ Benny Starner Georgetown Road; Gardners, P A 17324 Our File No. 10301.1 Dear Mr. Heflich: . . As you are ;iware, this office has been retained by Benny R. Stamer concerning your Lease Agreemeni dated January 6, 1999, Mr. Stamer continues to consider yOu to be in substantial default under the terms and conditions of the written lease. I am enclosing an itemization of the total rent due under the Lease through. September 1, 200 I, with a corresponding itemization 9f ~nt paid. . You are currently in arrears in unpaid rent in thetotaI amount of $39,586.00. . Under the terms of the lease, Mr. Stamer is entitled to a 10% penalty for late payment. The penalty ;unount is $3,959.00. Demand is hereby made for the prompt payment of the total sum of $43,545.00 Within five days of the date of this letter. Mr. Stamer also incurred expenses in containing and remediatingthe manure spill caused by your operations. We Will be itemizing his expenses in that regard, and I will be in further contact with you for payment oftlJose expenses. . . Very truly yours, MARTS ON DEARDORFF WILLIAMS & OTTO Edward 1. Schoepp ELS/tde Enclosure cc: James M. Bucci, Esquire Mr. Benny R. Stamer F:\FlLES\DAT~lLE\Genlb'.cw\IOlOI-hh.2 INFORMAT10N EXHIBIT "D" . ADV1CE. AOVOCACy'M ~ ~" ;" '''-, W"'O;.d,"~ c:J ..JJ rrr ~ Postage $ t:I ..... rrr l'- Certified Fee l'- ru t:I c:J Return Receipt Fee (Endorsement Required) Restricted Delivery Fee \~m:lOTsemant Required) Total PDstage & Fees $ ~, 7 c:J C -" CJ Rer:Jplenf'$Name(PIessePrintCJearly)(tobecom~.. s' .,r.-.'~" _.Mr.~..Hem::~Lllefl.ich,_..JL:A__.__.._::::::.:~:':::::_:________.__.. CJ Street, Apt. No.; 6r'PO Box No. ~ -iir....R7e,~~94X_.9..-_..h....h--...--n_~--~_--_.---_nn_...~nn...~._____.__n._.. l'- Surrnni t Station, PA 17979 . Complet",iterns t ,2, anct:!. Also complete Item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on tile front if space permits. 1. Article Addressed to: Mr. Henry Heflich, Jr. Sununit Farms P.o. Box 9 Summit Station, PA 17979 3. Service Type aCertlfied Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise DC.D.D. 4. Restricted Delivery? (Extra Fee) Dyes 2. Article Number (Copy from servIce labeQ ~ Ol6{]() ()l)27IJlo L{ 3~D PS Form 3811, July t999 102595-99-M.1769 EXHIBIT "En ;;;;: ,~, ~ , -'~:~,&.' . I r'1 ...lI ru .:r ',;:, :'/1' " il ,~'/ 1ft' ---..._~.~:;.." lell j!to 1. comp'e by mailer} " .f."J'"...................."..,...,...,...... t:] Postage $ r'1 m CertlliedFee "- "- Return Receipt Fee ru (Endorsement Required) t:] Restricted Delivery Fee t:] (Endorsement Required) t:] Tatal Postage & Fees $ t:] ...lI t:] t:] t:] t:] "- I · Complete Ite';'. 1, 2,and3. Alsb comp,lrt.; ~em 4 If Restricted Delivery Is desired. I . Print your name and address on the reverse I so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1.~~At:~)\1~lith , .~Il, SLlll\MJ ~ll.A.1lI1)I P [j ()/SX q ~~m I Q~ nqlG D. Is delivery address different frOm item 17 If YES, enter delivery address below: Agent o Addressee DYes DNa 3. !'elVice Type 'it Certlfle<l Mail D Express Mail Registered 0 Retum Receipt for Merchandise Insured Mall 0 C.O.D. 4, II'bmcled Delivery? (Extra Fee) D Yes '7ArtICle Number trB7J!te label) J/ I COD () ,z 7 73m '2fA PS Form 3811 , July 1999 Domestic Retum Receipt 102595-00.M-0952 EXHIBIT "F" 'I .~ '~', ~,- ~,. "' iii~....'i.",,;,;:, ~ - ---W... - Farmer Boy Ag SystyJPs P.O. Box 435.410 East Lincoln Avenue Myerslown, PA 17067 **** SALES ORDEBA~~~* i ORDER NUMBER, ORDER DATE, SAL.ESPERSON, CUSTOMER NO, 8087626 OS/29/01. ,JERRY OLSON 028005Q1 el17) 86&-7565 SOLD TO, BENNY STARNER 374 GEORGETOWN ROAD GARDNERS PA 17324 SHIP TO, BENNY STARNER 374 GEORGETOWN ROAD GARDNERS PA 17324 CONFIRM TO: (717) 486-3881 .---,--------------------------.-..------.------------------------------.------7~------ ;USTOMER P. O. SHIP VIA INSTALLATION F.O.B TERMS DUE UPON RECEIPT, NET 30 .----------------------.-------------- ---------------.------------------------------- iRDERED )1M ITEM NO. DESCRIPTION PRICE AMOUNT SHIPPED BACK aRD ". .____.__.....________._.____~__~__.______________M_________________._________________________ 2.1110 * FEED BIN 24.46 TON WI LADDER 2,485.000 4,970.00 :ACH -~2. 00---"*-.------.----'.---INCO"MING--FEED-i:. INE .3:~-------- 678.630 1,357.26 ,ACH ,...---_ ___.__._~_,._.___""____M____"~_.____.__~~____~._____.__.______..____...._____.__.____ ---- 4.00 '* M300 FEED LINES WITH DROPS 1,090.000 4,360.00 :l'lCH --.-'-i":-ili'e;-'--;;:----'--.--.-.--.---Fs'icTi\i-e-'HO-Riz:.-pWn-COATED---"-'-i;;&95:-00&J---'--e;;'E;.9-5".0.Q,-'. :f~CH '----.-"--- FOR FEEDER D I V I DERS ONLY 1.00 * REMOVAL & INSTALLATION L.ABOR 3,240.000 3,240.00 :ACH ._.__.._._______._."~.._____._"'___.________"___.."_"_._....____.___w CUSTOMER CAN REMOVE OLD EQUIPMENT AND l.ABOR WILL CAN BE BILLED AT TIME AND MATERIAL NET ORDER: FREIGHT, SAL.ES H\X: ~:::lZl, &i~2.. 26 .00 .0iZi ORDER TOTAL: ;~0, 62\::'..~ P& EXHIBIT "G" "" "~ ~" ""'._~' ,.-,~" ! VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. g4904, relating to unsworn falsification to authorities. ~7('~ Benny R, Starner Dated: October 22, 2001 i~ ": ..~. ... .~ ' TII rnTI'.~"'." v'h.'....' . ~ir "'l''fif''IT'll"f'Wr'''lIl'Tf( IrlirTIii"II'Ii'~lrr"'.' fT.lliU lI!fITrnc'-:l,-v"'l1 Ocr {i . r"' ~') ...) ,( ~ ,\ /~'Uff 'j'r' 'i' .., _~~HI'F",...",_ijllil"~~~~;;P~'f"~_,,,,~,,,",.,n..'~IW+1!"l'm;;;!ll",l'N~~l!~Ji':lW'ili!'i"'Jf-!,'.,k"~"""-'''''-'''<'"' ii " '-"~''''';_'"''~'"-~'~';ik''';<''~~HnI''-~:~l"",,,,,,:~-~,'{,''f;<''"-ry;jI'~;;11wr"~0':~W;~i~ . " . (D) (Q) lQJ ~ .~. '"' ': ' , " '~,~ - ;-.,', ---'-~i F:IFILES\DA r AFILE\Gendoc.cur\! 0301-com.lItde Created; 04104/01 04:56:45 PM Revised" 10122101 09:55:15 AM BENNY R. STARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO,200l- (0651 CIVILACTION- LAW HENRY HEFLICH, JR., Individually, and tJd/b/a SUMMIT FARMS, Defendants 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 en ~ r-: ~ ..... (I) <> ~ .'):~ .. < '-"'-.' - ,_J ">r I TRUE COPY FROM RECORD In Testimony wnereot.1 Mnl ~ set my hano ~n.~. the soo~ ~ ~ ~~ '~~tmJ-_:)~ ~ . Prothonotary ~ ~.. . ~ '. ,',~ c ~ ' l .,' - <,,_,"j..~~~, F: \FIL/i.,)\DA TAFILB\Gendoc.cur\1 0301-com.l Created: 04105101 09:37:51 AM Revised: 10122/0109:55:59AM BENNYR. STARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- CNJLACTION - LAW HENRY HEFLICH, JR., Individually, and tJd/b/a SUMMIT FARMS, Defendants COMPLAINT 1. Plaintiff, Benny R. Starner, is an adult individual who resides at 374 Georgetown Road, Gardners, Cumberland Connty, Pennsylvania 17324. 2. Defendant is Henry Heflich, Jr., individually and tJd/b/a Summit Farms, having a business address at Summit Farms, P.O. Box 9, Summit Station, Schuylkill County, Pennsylvania 17979. 3. On January 6, 1999, Plaintiff and Defendantentered into a written lease agreement whereby Defendant leased from Plaintiff a certain farm situate on Georgetown Road, Cumberland County, Pennsylvania for the purpose of a hog finishing farm; a copy of said lease agreement, together with a written addendum of even date, (herein collectively, the "Lease") is attached hereto, marked Exhibit "A," and incorporated herein by reference, 4. Pursuant to the terms of the Lease, Plaintiff tendered possession of the farm to Defendant on January 6,1999 and Defendant accepted possession of the same. 5. Since January 6, 1999, Defendant has remained in possession of the farm and has conducted a hog finishing operation on the premises. 6. The Lease requires Defendant to pay Plaintiff the sum of $33,600.00 annual rent payable in monthly installments of $2,800.00 on the first day of each and every month of the term. 7. Defendant has failed to pay all rent reserved under the Lease, whereby unpaid rent in the amount $39,586.00 is now due; a calculation of the unpaid rent, giving credit for payments made, is attached hereto, marked Exhibit "B," and incorporated herein by reference. 8. The parties have never entered a written agreement to change, modify, terminate or otherwise discharge the terms of the Lease. lRUE C()PV FROM REc.of-10 111 T!l:;:illOOl:1 \f~il~roof, I i\ill1l1l=~ "r;d tile ~l 0'1 said . . ~l T\"1i$ da:y ~. Prothon(\t~rv ~, . ,', ~, "".~ ,~ rl_'~ -&.i~i1 9. On February 27, 2001 and again on September 10, 2001, Plaintiff made written demands upon Defendant for payment of all unpaid rent accrued through September 1,2001, which demands were forwarded to Defendant by certified mail, return receipt requested; a copy of said written demands are attached hereto, marked Exhibits "c" and "D," and incorporated herein by reference. 1 0, Pursuantto the provisions of Paragraph 20 B of the Lease, Plaintiff is entitled to a late charge equal to ten (10) percent of the unpaid rent. 11. At the time of the filing of this Complaint, late charges amount to $3,959.00. 12. There is attached hereto and marked Exhibits "E" and "F," return receipts card for the notices identified in paragraph 9 of this Complaint, which return receipts were signed by or on behalf of the Defendant. 13. Defendant has further breached the terms offue Lease, and specifically fue terms of paragraph 10 therein, whereby on or about Spring, 2000, Defendant's operations caused a manure spill and Defendant failed to take prompt remedial measures to clean up the spill. 14. As a result of Defendant's failure to take prompt remedial measures to clean up the manure spill, Plaintiff was forced to undertake prompt remediation to avert environmental contamination and incurred the following expenses related thereto: Straw (Absorption) $20.00 Labor $125.00 15. Plaintiff makes demand upon the Defendant for the payment of the costs of remediation in the amount of$145.00. 16. Defendant wrongfully removed from Plaintiff s bam the feed system which was part offue original barn construction. There is attached hereto and marked as Exhibit "G," a quotation in the amount of $15,622.26 for the replacement of this system and Plaintiff makes demand upon Defendant for repayment of this amount. 17, Pursuant to the terms of Paragraph 20 of the Lease, Plaintiff is entitled to his costs and his reasonable attorney's fees, to be determined as of the time of entry of judgment, in this matter. M -...-"'"' ~'A" WHEREFORE, Plaintiff demands of Defendant judgment in the amount of$59,312.26, plus costs, plus interest, plus reasonable attorney's fees, plus unpaid rent charges and late charges accruing after the date ofthe filing oftlJis Complaint, all of which is in excess oftlJe limit requiring compulsory arbitration under local rules of court. MARTSON DEARDORFF WILLIAMS & OTTO Date: October 22,2001 By ~~~ Edward 1. Schorpp, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff i LEASE AGREEMENT TillS LEASE AGREEMENf (hereinafter called the. "Lease"), is made tbis 6th day of January 6, 1999 by and between BENNY R. STARNER, and individual with his mailing address located at 374 Georgetown Road, Ganlners, PA 17324 (heremafter called "Landlord"), and Summit Farms, Henry Hellich Jr., baving an address at P.O. Box 9, Summit Station, Pennsylvania 17979 (hereinafter called 'Tenant"). WITNESSETH: That in consideration of the rents, covenants and agreements contained berein, Landlord bereby le..es to Tenant and Tenant bereby rents from Landlord the Premises as hereinafter defined fur the term, upon the rentals, and subjeclto the terms and conditions bereinafter set fortb as follows, namely: 1. DEMISED PREMISES A. Landlord bereby demises and leases to Tenants, and Tenant hereby rents wm Landlord the buildings and the acreage outlined in red on Exhibit "A" allachedberelo (tbe "Demised Premises ot Premises''), located at 560 Block of Georgetown Road, Cumberland County, Pennsylvania, a Farm owned by Landlord. Together with all easements, rights, privileges and appurtenances belonging to the demised premises and the use, in common with others, of the Farm parking areas, and service areas, which uses shaD be fur itself, its officers, employees, and invitees. B. Tenant acknowledges that it bas inspected the .Demised Premise" is aware of its condition, and agrees to and hereby accepts tbe Demised Premises in its .... is-wbereis" condition with no representation or warranty directly or indirectly by Landlord as to the condition of the Demised Premises or their suitability for TcOw's proposed improvements thereto or use thereof and with no promise by Landlord or its agents to improve or repair the Demised Premises. C, Within thirty (30) days after the execution oflhis Lease, TenaBt shall submit to Landlord, for Landlord's reasoDJIble approval, proposed detailed specifications and construction plans for the renovation of the Demised Premises ("Renovation Plans''). Landlord sha11 have a period of fifteen (IS) doys to review said Renovation Plans and make comments and/or grant written approval Once approved, the Renovation Plans will become part of this Lease, D. Tenant shall be responsible for all costs and expense of obtaining any necessary governmental approvals. Landlord shall cooperate with Tenant as necessary in applying for approvals. Promptly after a building permit is issued with respect to the renovation of the Demised Premises, Tenant sha11 begin such renovations in accordance with the approved Renovation Plans. E. Upoll full execution of the Lease, provided Landlord b.. received a Certificate of Insurance in accordance with Section 14 hereof, Und10rd shall deliver the Demised Premises to Tenant and Tenant shall have the aCCC3S to the Demi.ed Premises prior to the Commencement Date of the Lease. 2. TERM AND OPTIONS This Lease shan be effective upon full execution by both parties to the Lease. The term of this Lease shall be tbirty-six months and shall commence on the first to occur of Sixty (60) days after the delive.ty of the Premises to the Tenant ("Delive.ty Date") or the date of the month in which it commenced. Each of the parties bereto ogrees, upon tbe request of either made on or after the commencement of the term, promptly to execute, acknowledge and deliver an EXHIBIT "A" < . ~ ,'~ ~~~.. "" instrument in recordable form selting forth the dales of commencement and the end of lbe term in lbe form of Exhibit "Bu. 3. USE OF PREMISES A. Business - The demised premises are lease to Tenant to be used and occupied for the operation of a hog finishing fann and for no other use without the prior written consent ofLandIord. B. As on of the inducements for making this Lease, Tenant hereby covenants and agrees to occupy the Premises promptly after the commencement of the term of this Lease and thereafter continuously during the said term, to conduct in said Premises the business permitted in paragraph (A) during hours recognized in the trade as Ilormal and customary for s~ type of business, to keep in stock in the Premises a full an ample line ofHvestocklsupplies for the pwpose of ClIIJ}'ing on the business. Tenant will not use, pennIt sufIer the use of the Premises for any other business than that hereinabove slated and will not use or permit any use of the Premises except in a manner consistent with general high .tandard. of farming. Tenant will not permit, allow or cause lIDY public or private auction sales to be conducted on or from the Premises. Tenant will conduct busiueBs on the Premises only in the name of Summit Farms and under no other name or trade name unle.s and until the use of some other name is approved in writing by Landlord. 4. RENT A. Tenant covenants and agrees to pay to Landlord, as rental for the Premises, the foUowing minimum annual rent: . $33,600.00 Thirty - three tbousandsix hundred doUars piyable at $2800.00 twenty - eight hundred per month. B. Monthly insta1lment. of rent shall be due and payable on the first day of each month in advance without any setoff or deductio!l whatsoever. If the Commencement Date is !lot the first day of the month, minimum relit for the month in which the Commencement occurs shall be prorated based on a thirty (30) day month. 5. QUIET ENJOYMENT A. umdlord hereby covenant. and agree. that so long as Tenant complies with all the terms, covenants and provisions of the Lease, Tenant shall have the peaceful and quiet use of the Premises without let or bindrance on the part of Landlord and Landlord shan wmant and defend Tenant in such peaceful and quiet use and possession against the claims of the persons claiming by, through or under Landlord. B. SllBORDINATION - Tenant's rights under this Lease are, however, and shall always be subordinate to the operation and effect of any ground lease or mortgage, deed of trust or similar security instrument (hereinafter coDectively caned "Security Instnunent") now or hereafter placed upon the land or bui1dings of which the Premises are a part thereof, by Landlord or any renewal, modification, consolidation, replacement or extension of any such Security Instrument, unless such secured party elects to have shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant sball execute promptly any certificate that Landlord may request. Tenant hereby constitutes and appoints Landlord as Tenant's allomey-in-Iilct to execute any such certificate or certificates for and on bebalf ofTenanl. 2 ,,' -,.; ''iilJ; - - " . ~lIi!lI;;;61, 6. PARKING AREAS A. During the term oflbis Lease, customers of Tenant shall be entitled to the non-exclusive use, free of clurrge, but in common with others, of the driveway, fuotways and parking areas from time to time existing within the Farm, provided that such use shall be subject to suc:h rules and regulations as Landlord may from time to time prescribe goveroing the same; and provided fiuther that Landlord shall at an times bave Iiill and exclusive contro~ management and direction of said driveways, fuotways and parldog areas. B. Ternmt, at Tenant's sole cost and expense shaD cause the lighting of the barn area of the Demised Premises to be separately metered and controlled by Tenant. Ten...t covenants and agrees that it wiD provide reasonable maiutCll8llce, footways and par:king areas within the Demised Premises and that it will keep the same in reasonable repair and reasonably free of litter ...d snow. Tenant agre.. that as its sole expense, it will keep the main access driveway to the fimn to the entrance ofTen...t's barn area clear...d ttee ofsuow and ice during the hours llCeded for access to the barn. Any cost attributab~ to suc:h walk will be paid by Tenant. 7. ASSIGNMENT AND SUBLETIING A. Tenant covenants and agrees not to assign this Lease in wbole or in part, nor to sublease an or any part of the Premises nor permit other persons to oceupy tbe Premises or any part tbereof, nor to grant any license or concession for aD or any part of the Premises, without the written consent of Landlord in each instance fll"Sl bad and obtained. Landlord's consent may be denied at anytime Tenant is in default under this Lease. Tenant's cbauging from a so~ proprietorship to a corporation shall not br considered an assignment. B. Any consent by Landlord to an assignment or subletting of this Lease shall not constitute a Wlliver of the necessity of suc:h consent aSlo any subsequent assignment or subletting. c. Any consent by Landlord to an assignment or subletting oftbis Lease shall not relieve the Tenant of any ofits liabilities or obligations hereunder, unless specifically agreed to in writing by Landlord. An assignment for \be benefit of Tenant's creditors or otherwise by operation oflow shaD not be effective to transfer or assign Tenant's interest under Ibis Lease unless Landlord shall bave first consented thereto in WIiting. D. In the event that Tenant desires to assign this Lease or to sublease an or any pot1ion of the Premises, Tenant shaD Landlord an administrative fee of One Hundred and Fifty Donars ($150.00) plus Landord's attorneys' time and fees charged in tbe review of any assignment or subletting proposed by Tenant (payable whether or not Landlord grants consent). E. Any attempt to assign or sublet Ibis Lease in violation of this section of the Lease shall be null and void and of no effect. . 8. REPAIRS BY TENANT Tenant covernmts and agrees to keep and maintain the roof and other exterior pot1ions of the Premises including doors and windows an the interior of the building in good order and repair and to surrender tbe Premises at the expiration of the term in as good condition as when received, ordinary wear and tear excepted. Tenant covenants and agrees to maintain, repair, and replace if necessary, an heating, ventilation, and other mechanical installations and equipment used by, or in connection with, the Premises. Tenant wiD not overload the electrical wiring or plumbing and will not instaD any additional electrical whing or plumbing unless it has fll"Sl obtained Landlord's written consent thereto and, ifsuch consent is 3 . .-,J . , , ~~.- ~ ~~.- -~-""'"".."-- giveu, Tenallt wiD instan tbe same at its own cost and expense. Tenant will repair promptlr. at its own expense any damage to the Premises caused by bringing into the Prenses any property for Tenant's use, or by the installation or relllllval of such property, regardless of fault ofby whom such damage shaD be caused unless caused by Landlord, its agents, employees, or contractors. In the event Tenant shan not proceed promptly and diligently to moke any repairs or perform any obligation imposed upon it by the preceding subparagraph hereto within forty-eight (48) hours after receiving written notice from Landlord to make such repairs or perform such obligations, then and in such event, Landlord may at its option, enter tbe Premises and do and perform the thUlgs specilled in said n notice, without liability on the part of Landlord for any loss or damage resulting from any such action by Landlord and Tenant agrees to pay promptly upon demand as additional rent any cost or expense incurred by Landlord in taking such action. 9. UTILITIES Tenant shall bear the cost ofaD electricity, heat, water, gas, and any other utilities which may be furnished to or consumed on the Demised Premises. TetUlllt shaU a also be responsible for any increase in rates, any penalties or surcharges, or any improvements to such utilities necessitate or imposed as a result of Tenant's use of the Demised Premises. to. TENANT'S OPERATIONS A. Tenant covenants and agrees I. that is will use, maintain and occupy the Premises, in a careful, safe and proper manner, and will keep the appurtenances, including adjoining driveways in a sale condition, and wiD promptly clean the SIlOW, ice and debris from said driveways and appurteuances during the term ofthis Lease at its own expense; 2. that it will maintain the Premises at its own expense in a clean, orderly and sanitary condition, control insects, rodents, vermin and other pests; 3. that it wiD not permit wuiue accumulations of garbage, trash, rubbish and other refuse, but will remove the same at its own expense, and will keep such refuse in proper containers on the Premises until caned for to be removed; 4. that it will conduct its business in the Premises in a1 respects in a dignified manner and in accordance with high standards of limn operation. x B. Tenant covenants and agrees not to make anyalteratioDS, additions or improvements to the limn and not to make any stroctura1 alterations to the Premises, or any part thereof, without Landlord's prior written consent in each instance first had and obtained; and Tenant agrees that any alterations, additions or improvements made by it shall immediately become the property of Landlord and shaD remain upon the Premises in the absence of any agreement to the contrary; provided, however, that Landlord shaU have the right to require the restoration of the Premises to their original condition, in whicb event Tenant agrees to comply with sllch requirement prior to the expiration or other termination oflhis Lease. C. Tenant furtber agrees to maintain any sign, billboard, marquee, awning, decoration, placard, lettering or advertising matter or other thing of any kind as m may be approved by Landlord in good condition and repair at aU times. ,_.... - D. Tenant covenants and agrees to execute and comply with all laws roles orders, directions and requirements of all governmental departments, bodies, ' bureaus, agencies and officers, and with all rules, directions, requirements and recommendations of the local board of tire underwriters and the tire insurance rating organizations having jurisdiction over the area in which the Premises are situated, in any way pertaining to the Premises or the use and occ:upllDCY thereof. In the event of repeated violations where Tenant shall fail or neglect to comply with any of the aforesaid laws, rules, orders, directions, requiremenis or recoDODelldations, Landlord or its agents may enter the Premises and take all such action and do an such work in or to the Premises as may be necessary in order to cause compliance with such laws, roles, orders, directions, requirements or recommendations, and Tenant covenants and agrees to reimburse Landlord promplly UpOIl demand for the expense incurred by Landlord in taking such action and performing such work. Tenant further covenants and agrees not to do or suffer to be done, or keep or suffer to be kept an}'lhing in, upon or about the Premises which will contravene Landlord's policies in companies reasonably a acceptable to Landlord; and if anything done, omitted to be done or suffered to be done by Tenant, or kept, or suffered by Tenant to be kept, in, upon or about the Premises shall calise the rate of lire or other insurance on the Premises, or other property of Landlord, to be increased beyond ihe mminRlm rate from time to time applicable to the Premises, or any adjoining stores at to other property of Landlord for the use or uses made thereot; Tenant will pay the amount of such increase promptly upon Landlord's demand. E. Tenant covenants and agrees that ifany mechanics' or materialmen's lien or other lien shall be filed against the Premises, or any other part ofthefilnn, by reason of or arising out of any labor or material furnished or alleged to have been furnished, to or the Premises or any occupant thereof, or for or by reason of any change, alteration or addition made by Tenant thereto, discharged of record by bond or otherwise as allowed by law, at Tenant's expense, within five (5) days after the Ii1ing thereof; and Tenant shall also detend on Landlord's behalf, at Tenant's sole cost and expense, any action, snit or proceeding which may be brought thereon or for the enforcement of any such lien, and Tenant will pay any damages and satislY and discharge any judgment entered thereon and save Landlord harmless from any claim or damage resulting therefrom. If at any time Tenant does not comply with the covenants made in this subparagraph, Landlord may, at its option, after giving Tenant three (3) days prior writtenootice ofits intention to do so, cause such lien to be canceled and discharged of record by bond at otherwise as anowed by law, and Tenant shan pay an costs thereof, inc1udlng reasonable attorney's fees, as additional rent, payable with the next ensuing installment of minimum rent. H. ROOFANDWALLS Tenant shan repair, maintain and conduct snow removal from roofs if necessary. 12. TENANT'S INSURANCE A. Tenarrt shall, and does hereby, indemnifY and hold harmless Landlord and any other parties in interest set fur in Section 14 (B) (4) from and against any and an liabilities, fines, claims, damages and actions, costs and expenses of any kind or nature (including attorney's fees) and of anyone whatsoever. I. Relating to or arising from the use and occupancy of the Premises 2. Due to or arising Ollt of mechanic's lien filed against the fann or any part thereof, fur labor performed or fur materials furnished, or claimed to be furnished, to Tenant or 5 '- ^1~i1i "'"""'~ 3. Due to or arising out of any breach, violation or non-performance of any covenant, condition or agreement in this Lease set forth and cootained on the part ofTenant to be fuIIiI1ed, kept, observed and performed, unless such damage or uyury shall be occasioned by the gross negligence or willfu1 act or omissioll of the Landlord or any of the other aforesaid parties in interest, or their respective agents, servants or employees (in which event, Landlord shall indemoify and hold harmless Tenant to the extent to such gross negligence or willful act or omission). Notwithstanding the foregoing, Tenant shall at aD times remain liable for, and indemnify and hold harmless Landlord as aforesaid against, and damage or ifYury arising from perils against which Tenant is required by this Lease to insw-e. B. Tenant covenants and agrees that from and after the date of delivery of the Premises from Landlord to Tenant, Tenant will CllD)' and maintain, at its sole cost and expense and in the amounts specified and in the form hereinafter provided, the foUowing types of insurance's: I. General public liability insllfance with respect to the Premises and Tenant's use thereofwith companies acceptable to Landlord and in a policy or policies, the fomt of which is or are satisfiu:tory to Landlord, covering both Landlord and Tenant, as. their interests may be, against claims for persooal injury or death and property damage occwTing upon, in or about the Premises, such insurance to affurd protection to the limit of not less than $1,000,000 arising out of anyone occurrence, and against property damage to aft'ord protection to the limit of not less than $1,000,000, or such insurance may be for a combined single limit of $1 ,000,000 per occurrence. 2. AU risk insurance covering the building, improvements, and property of Tenant including trade fixtures and persooal property from time to time in, on or upon the Premises and any alterations, improvements, additions or changes made by Tenant thereto in an amount not less than on",hundred percent (100%) of their full replacement cost from time to time during the Lease term, providing protection against perils included within the standard Peoosylvania form of lire and exteoded coverage insurance policy. 3. AU policies of insurance to be provided by Tenant shall be issued in form acceptable to Landlord by insurance companies with general policyholder's rating of not less that A and a financial rating of AAA as rated in the most current available "Best's" Insurance Reports, and qualified to do business in the Commonwealth of Penosylvania. Bach such policy sball be issued in the uames of Landlord and Tenant. Said policies shall be for the mutoal and joint benefit and protection of each said parties and executed copies of each such policy of insurance or a certificate thereof shall be delivered to Landlord within ten (lO) days upon full execution of this document and thereafter at least fifteen (15) days prior to the expiration of each such policy. As often as any such policy sball expire or terminate, renewal or additinoal policies shall be procured and maintained by Tenant in like manner and to like extent. AU such policies of insurance sball contain a provision that the company writing said policy will give Landlord at least thirty (30) days notice in writing in advance of any canceUations, or lapse, or the effective date of any reduction in the arommts of insurance. In the event Tenant sball fail to promptly furnish any insurance herein required, Landlord may effect the same for a period not exceeding one (I) year and Tenant shaD promptly reimburse Landlord upon demand, as additional rent, the premium so paid by Landlord. If 6 ", h~ "' .~ '....".;...-~" ;~ ,"'.' '"-~ upon Tenant's firi1ure, rather than purchase separate insmance coverage, Landlord chooses to include Tenant's coverage under Landlord's insurance policies then Tenantsball promptlyreimbnrse Landlord npon demand, as additional rent, the greater of the increase iu Landlord's premium resulting therefrom or $1,000.00. AD such public liability, property damage and other casualty policies shan be written as primary policies which do not contribute to and are not iu excess of coverage which Landlord may cany. AD such public liability and property damage policies sbal1 contain a provision that Landlord sbal1 nevertheless be entitled to recover under said policies fur any loss occasioned to them, their servants, agents and employees by reason of the negligence of Ten ant or any other named insured. Any insurance provided for may be effected by a policy or policies ofb1anket insurance, covering additional ilems or locatiollS; provided, however, that: a. Landlord shan be named as an additional insured thereunder as its interests may appear; and b. the coverage aflbnled LarnIIord will not be reduced or diminiohed by reason oftbe use ofsuch blanket policy of insuram:e; lllId c. any such policy or policies (except any covering the risks refun'ed 10 in Section 14 (B) (I), shan spec:.ifylherein (ot Tenant sball furnish Landlord with a written statement from the insurers under such policy specifYing) the amount of the total insurance detailed in Section 14 (BJ (2); and . d. The requirements sel furth herein are otherwise satisfied. Any insurance policies herein required to be proCW"ed by Tenant sbal1 COlltain an express waiver of any right of subrogation by the insurance companyagainsl the Landlord. 4. Notwithstanding any other provisiollS oftbis Lease to the contrary Tenant hereby waives any right it may have agaiost Landlord on account of any loss or damage occasioned to Tenant, its properly, the Premises or its contents arising from any riskgeneraUy covered by fire and extended coverage insurance together with insurance against spriokler damage, vlllldalism and malicious mischief; whether or not snch a policy shan be in force. Notwithstanding any other provisions oftbis Lease to the contral:y, Landlord hereby waives any rights it may have against Tenant on account of any loss or damage occasioned to Landlord, its property or to the fiIrm arising furm any risk generaUy covered by fue and extended coverage insurance together with insurance against sprinkler leakage or other sprinkler damage, v.nd.nom and malicious mischief; whether or not such a policy shan be in force. The parties hereto also each, on behalfoftheir respective insurance companies insuring the properly of either Landlord or Tenant against any such loss, waive any right of subrogation that such insurance company(ies) may bave against LarnIIord, said other parties, tenants or occupants, CJr Tenant, as the case illay be. If either Landlord or Tenant sbal1 be unable, after using best elfurts, to obtain and/or maintain the waiver of snbrogation sel furth in the immediately preceding sentence from its insurance carrier(s) (or from any other insurance car:rier(s) without substantial increased cost) and shan so notify the other party of such inability within thirty (30) days thereafter, then the above mutual waiver of subrogation sball no longer be effective IUltil again obtainable by both parties. 1 ......~, ~ w _"""'....'~_.~, _, ~i",.iii."h;' ~ ~ ~ , - ~, 14. TRADE EQUIPMENT A. Landlord and Tenant agree that Tenant, at Tenant's sole cost and expense, may remove those certain equipment cmrent1y located in Landlord's property at 300 Block Georgetown Road, Gardners, PA, at Tenant's sole risk. Tenant shall hold Landlord (including its officers, employees, and agents) harmless from and against any costs, damages, losses, expenses, causes of action, claims or judgments resu1ting from iI\iury to, or death ot; any person or damage to property of any kind, wbich injury, death or property damage arises out ot; relocation ot; and reinstallation of said equipment to another site. Landlord shan have no tiability whatsoever. . B. All trade equipment installed by Tenant in the Premises, other than improvements made by Tenant to the Premises, shall remain the property of Tenant and shall be removable from time to time and also at the expiration of the term of this Lease or other termination thereot; provided Tenant shall not at such time be in default under any covenant or agreement contained in this Lease; otheIWise such property shall be removable and Landlord shall have alien of said f fixtures to secure itself against loss and damage resu1ting from said delilult or defaults by Tenant. IS. INSPECTION OF PREMISES Tenant covenants and agrees to permit Landlord, its agents, employees and contractors to enter the Premises and an part thereof at all reasonable times in a romeous and professional manner to inspect the Premises andlo enforce and cany out any provision of the Lease. In the event of a non-emergency service call, Landlord shan attempt to notifY Tenant in ndvance of such service-related visits. At all times, care shall be taken to protect Tenant's livestock. 16. TERMINATION OF LEASE A. The parties hereto covenant and agree that this Lease and the tenancy hereby created shan cease and terminate at the end of the original term hereof without the necessity of any notice from either Landlord or Tenant to terminate the same, and Tenant hereby waives notice to remove. IfTenallt shall occupy the premises after such expiration or termination, it is understood that Tenant shall hold the Premises as a tenant from month-to-month, subject to all the other terms and conditions of this Lease, at an amount equal to double the highest monthly rental installment reserved in this Lease. Landlord shall, upon such expiration or termination of this Lease, be entitled to the benelit of an pubtic, general or local laws relating to the speedy recovery of possession oflands and tenements held over by Tenants that may be now in force or may hereafter be enacted. B. Tenant covellants and agrees that for the period of six (6) months prior to the expiration ofthe term of this Lease, Landlord shall have the right to display on the exterior of the Premises the customary sign "For Rent" and that during such period Landlord may show the Premises and all parts thereofto prospective tenants between the hours of 9:00 A.M. and 5:00 P.M. on any day except Sunday or any legal holiday on which Tenant shan not be open for business. 17. FIRE OR OTHER CASUALlY If the Premises shall be damaged by lire, the elements, unavoidable accident or other casualty, bIIt are not thereby rendered untenantable in whole or in part, Tenant shall promptly at its own expellSe cause sllch damage to be repaired, and the rent shall not be abated; ifby reason or such occurrence, tbe Premises shall be rendered untenantable only in part, Tenant sbal1 promptly at its own expense cause the damage to be repaired, and the minimum rent meanwhUe shan be abated proportionately to the portion of the Premises rendered untenantable; if by reason of such occurrence the Premises shall be wholly untenantable. Tenant sball 8 - promptly at its own expense calISe such damage to be repaired, and the minimum BDnllal rent meanwhile shan be abated in whole. 18. EMINENT DOMAIN If the whole or any part of the Premises shall be taken under the power of eminent domain, then this Lease shall terminate as to the part so taken on the day when Tenant is required to yield possession thereof; and Landlord shall make such repairs and alternations as may be necessary in order to restore the part not taken to useful condition; pending the restoration by Landlord of the portion of the P Premises so taken, the minimum rental shall be reduced proportionately to the portion of the Premises so taken. If the amoUllt of the Premises for the purposes for which is such as to substantially lmpair the usefullless of said Premises for the purposes fur which the same are hereby leased, then either party shall have the option to tenninate this Lease as of the date when Tenant is required to yield possession. The compensation awarded fur such taking, both as to Landlord's reversionary interest and Tenant's interest under this Lease, shall belong to and be the property of the Landlord; provided, however, that the Landlord shaH not be entitled to any portion of the award made to Tenant for loss of Tenant's bllSiness or for the cost of removal of its live stock, feed and Tenant's trade equipment. 19. BANKRUPTCY OR INSOLVENCY If any sale ofTel1ll1lt's interest in the Premises shall be made under execution, or similar legal process, or ifTeuant shall be adjwlicated a bankrupt or insolvent, and such adjwlication is not vacated within ten (10) days, or if a cOlJlOrate reorganization of Tenant or an ammgement with its creditors shall be approved by a com;t under the Federal Bankruptcy Act, or if Tenant shall make an assigmnOnt for the benefit of creditors, or in any other manner, Tenant's interest under this Lease shall pass to another by operation oflaw, then and in any ofsaid events, Landlord may, at its option, reenter the Premises and declare this Lease and the tenancy hereby created terminated. 20. DEFAULTS AND REMEDms A. Irthe rent agreed to bellaid, including all other sums of money which under the provisions hereof may be considered as additional rent, shall be in arrears in whole or in part, Laudlord may distrain therefore. If Tenant shall violate any covenant, including the covenant to pay rent, made by it in this Lease and shall fail to comply with said covenant within five (5) days after being sent written notice of such violation by Landlord, Landlord may, at its option, reenter the premises and declare this Lease aud the tenancy hereby created terminated; and Landlord shall be entitled to the benefit of all provisions oflaw respecting the speedy recovary of lauds and tenements held over by tenants or proceedings in forcible entry and detained. Tenant further agrees, that notwithstanding such reentry, Tenant shall r remain liable for any rent or damages which may be due or sustained prior thereto, and Tenant shalJ further be liable, at the option of Landlord, for sums of money as liquidated damages for the breach of any covenant to be calculated in one of the following two methods which may be designated by Landlord in or after said notice of termination: 1. Tenant shall pay to Landlord the difference between the rent reserved under this Lease for the halance of the term from the date of reentry; or 2. Tenant shall pay the amount of the rent reserved under this Lease at the times herein stipulated fur payment of rent for the balance of the term, less any amount received by Landlord during such period from others to whom the Premises may be rented on such terms and conditions and at such r rentals as Landlord, in its sole discretion, shall deem proper. 9 , ;; _e ~.."-_ ,,"0 ti - B. In the event Tenant fails to pay Landlord any minimum or percentage rental payment or lIIIY tax, operating cost, or other eharge due hereunder within !en (I?) days from the date on which any soch payment was due, Landlord may at Its optIOn charge Tenant a late charge equal to tenpereent (10%) of the uupaid amount in question, which late charge shaD be colleetible as additional rent and shaD be payable by Tenant to Landlord within fifteen (15) days after written notice from Landlord ineurs any eosts with regard to the proeessing ofTeoaot's rental or additional rental payment, e.g., as a result of Tenant's giving Landlord a check that is dishonored, then Landlord sbaU be entitled to eolleet from Tenant as additional . ' rent, aD such extra eosts meurred. c. If either LaJIdIord or Tenant sbaU defuult in the performam:e of any eovenant on the pal1 of either to be performed under Ibis Lease, and if, in connection with thI' enforcement of the non-defuulting party's rights or remedies, s such non-defaulting party shall incur fees and expenses for servieed rendered (ineluding reasonable attorney's fees), then such fees and expenses shaD, if said non-defaulting party shaD prevail in litigation, be immediately reimbursed by the defuulting party on demands as additional rent. Notwithstanding the foregoing, in the event Landlord shall file any legalaetinn for the colleetion of rent or any evietion proceeding for the non-payment ofrent, and Tenant shall make pa)'lllent of such sum due and payable prior to the rendering of any judgment, then Landlord sbaU entitled to eoll""t and Tenant shall be obligated to pay all court IiIiIIg fees, seJVice fees, related costs and the reasonable fees of Landlord's attorney an any costs oCre-leasing the Premises including but not limited to real estate leasing commissions. Said fees and costs shaD be coDeetible by Laud10rd as additional rent. 21. REMEDIES CUMULATIVE No mention of this Lease of any specifie right orremedy shall preclude Landlord from exercising any other right or from having any other remedy or from maintaining any actioll to which it may otherwise be elltitled either at law or in equity; and the fi1i1ure of Landlord to insist in anyone or more instances upon a strict performance (If any covenant ofTenallt under Ibis Lease or exercise any option or right herein eontained shaD not be construed as a waiver and relinquishment for the future of such covenant, right or option, but the same shall remain in full force and effeet ulliess the contrary is expressly waived in writing by Landlord. 22. PROPERTY LOSS OR DAMAGE Laud1ord, its agellts, contraetors, servants .or employees shaD not be liable for any damage to property of Tenant or of others located on the Premises or entrusted to its or their employees nor for the loss of any property by theft or otherwise. Landlord, its agents, contraetors, servants or employees shall not be liable for any injury or damage to persons or property resulting from lire, explosion, IlIl1ing plaster, steam, gas, electricity, wind, water, rain or snow which may leak from any part of the IlIrm or from the pipes, appliances or plumbing works .ofthe same or from any other eause whatsoever, unless caused by or due to the wiI1fu1 or grossly negligent act or omission of Landlord. be liable for any such damage callSed by other tenants or person in the farm or for interferern:e with the light or any public or quasi-public works. AD property of Ten ant kept or stored on the Premises shall be so kept at the risk ofTenant only and Tenant shall hold Landlord hanoless ftom any claims arising out of damage to the same, including subrogation claims by Tenant's insurance camero 10 ~~~ ~- .. ~-. ,-- . . ~='~~" .Ie ,~ 23. RECOlIDING In the event Landlord elects to reconl this Lease or a Memorandum of this Lease , Tenant agrees to execute said Memorandum of Lease, ifLandlonl so request. 24. SUCCESSORS AND ASSIGNS Except as herein provided, this Lease and the covenants and conditions herein contained shall inure to the benelit of and be binding upon Landlord, its successors and assigns, and shall be binding upon Tenant, its successors and assigns, and shall inure tot he benefit of Tenant and only such assignee of Tenant to wbom an assignment by Tenant has been consented to in writing by Landlonl. In the event more than one parties named herein as Tenant shall be joint and several. In the e\'ellt Landlonl's interest UDder tbis Lease is transferred or assigned and written bOtice thereof is given to Tenant, the Landlonl herein named (or any subsequent assignee or transferee of Landlonl's interest under this Lease who g gives such notice to Tenant) shall automatically be relieved and released from and after the date of such lIansfer or conveyance ftom allliabifily hereunder except with l"eSl>ect to liability to refund or retwn to Tenant any secwity dqlOsit deposited by Tenant with Landlonl hereunder. Further, the liability of Landlord, its successors and assigns, under this Lease shall at all times be limited solely to Landlord's interest in the land and improvements comprising the farm and in the event the owner ofLandlonl's interest in this Lease is at any time a partnership, joint venture or unincorporated association, Tenant agrees that the members or partners of such partnership, joint venture or unincorporated association shall not be personally or individually liable to responsible for the performance of any Landlord's obligations hereunder. 25. W AIVl!;R OF JURY TRIAL The Tenant waives aD right to a trial by jury in any action, counterclaim, or proceeding based upon, or related to, the subject matter of this Lease. 1bis waiver applies to all claims against all parties to such actions and proceedings, including parties who are not parties to this Lease. 1bis waiver is knowing1y, intentionally, and vollUltarily made by the Tenant and the Tenant acknowledges that neither.the Landlord, nor any person actiog on behalf of Ibe Landlord, has made any representations offact to induce this waiver oftrial by jury or in any way to modifY or nulli.tY its effect. The Tenant fin1her acknowledges that is has been represented (or has had the opportwlity to be represented) in the signing of this Lease and in the making of this waiver by independellt legal counsel, selected of its own Il'ee will, and that it has had the opportunity to discuss this waiver with counsel The Tenant fin1her acknowledges that it has read and understands the meaning and ramifications of this waiver provision and as evidence of this filet signs its initials: Initials of Tenant 26. ENTIRE AGREEMENT The Lease contains the entire agreement between the parties hereto; and any agreement hereafter or heretofore made shall not operate to change, modifY, terminate or discharge this Lease in whole or in part unless such agreement is in writing and signed by each oflbe parties hereto. Landlonl has made no representation or promises with respect to the Premises except as are herein expressly set forth. . ]i -~-~ - ~ ,.~ "",...It ....~1lI<...,j,li,.'.JI!j," "'~ -,.,,-. - -- ~ - - " , ~~. "';;;i~1-.- . 1.7. NOTICES AU notices from Tenant to Landlord, including the payment of rent and other cbarges, required or permitted by any provision in this Lease shall be hand delivered or sent by registered or certified mail, return receipt requested or by overnight courier services to Landlord at: Benny R Stamer 374 Georgetown Road Gamders, PA 17324 AU notices from Landlord to Tenant so required or permitted shall be hand delivered or sent by registered or certified mail, return receipt requested or by overnight courier service to Tenant: SummitFanns P.O. Box 9 Summit Statioll, P A 17979 Either party may. at any time, or from time to time, designate in writing a substitute address for that above set forlb, and thereafter an notices to such party shall'be sent in accordance with the above. 1.8. HAZARDOUS SUBSTANCES Tenant covenants and agrees that it will not use or allow the Premises to be used for the.storage, use, treatment or disposal of any "hazardous material" or "bazardous substances", other than those prodUCts customarily used in fiIrming operations, as delined under any cuneot or hereinafter enacted applicable fedCIa1; state, or loca11aw statute, ordinance or regulation or court or administrative older or decree. Tenant shall abide by the nutrient management plan for the premises. 35. CAPTIONS The captions in the margins of tbis Lease are for convenience ol)1y and are not a pari of this Lease. IN WITNESS WHEREOF, the parties hereto have executed this Lease under their. respective seals the day and year first above written. WITNESS/ATTEST: LANDLORD: BENNY R STARNER C(j~ (/ BY~"?(_d-~ WIlNESS/ATTEST: TENANT: SUMMIT FARMS ~Q~ " : t? t/f:.~ 12 =,. ,- ~-~, ~' ~ " - ...i,~ " . ~~iIO~-I, F:\FILES\DATAFILE\Gendoc.cur\10301_renl.l Created: 02126101 09:48:41 AM Revistd: 09/101OIlt21:17AM RENT mSTORY Month Rent Due Rent Paid 1999 January (prorated) $2,258 0 February $2,800 0 March $2,800 0 April $2,800 0 May $2,800 0 June $2,800 0 July $2,800 $1,936 August $2,800 $1,936 September $2,800 $1,936 October $2,800 $1,936 November $2,800 $1,936 December $2,800 $1,936 2000 (12 x 2,800) $33,600 (12 x 1,936) $23,232 2001 January $2,800 $1,936 February $2,800 $1,936 March $2,800 $1,936 April $2,800 $1,936 May $2,800 $1,936 June $2,800 $1,936 July $2,800 $1,936 August $2,800 $1,936 September $2.800 $1.936 TOTAL 91,858 52,272 TOTAL OWED: TOTAL PAID: UNPAID RENT: $91,858 $52.272 $39,586 EXHIBIT "B" = - ~.., "I~y~""""",," Mi.2W&:6 A~RNEYS lit COUNSELlORS AT U WII.UAM F. MAirn<l JOHN B. FOWLEk I EDwAIIQ L. 5cHoaJ DANIEl. K. DEARDo. THOMAS J~ Wn.UAMI 1\10 V. Orm I GEORGE B. FAlLEa J' . c.w. C. Rue: MARK A. DENU..cl "IkMID CIInmED CML Tow. s,ECtAU TEN EAsT HIGH STREET CARuM PENNSYLVANIA 17013 TELEI'HONE Oi?) 143-3341 FAC$IMILE l7m 243-1850 INTERNET www.mdwu.com february 27, 2001 VlA q:R1'IFIED MAIl. . RETURN-RECEIPT REOUESTED Mr. Henry Hetlich, k S1llll1llit Famis P.O. Box 9 S\I!1Il11it Station, P A 17979 RE:. Leas\! Agreement with Benny Stamer Georgetown Road, Gardners, P A 17324 Our File No. 10301.1 . Dear Mr. Heflich: This office has been retained by Benny R. Stamer concerning your Lease Agreement dated January 6, 1999. Mr. Stamer considers you to be in substantial defaUlt under the terms aild conditions of the written lease. . I am enclosing an itemization of the total rent dm:underthe Lease through February 1,2001, with a corresponding itemization of rent paid. You are currently in arrears in ~aid rent in the . total amount 0[$33,538.00. Under the terms of the lease, Mr. Stamer is entitled toa 10% penalty . for late payment. The penalty amount is $3,354.00. Demand is hereby made for the prompt payment of the total s1.Ui1 of $36,892.00 within five days of the .date of this letter. Mr. Stamer also incqrred expenses in containing andremediating the manure spill caused by your operations. We will be itemizing his expenses in that regard, and I will be in further cOntact with you for payment of those expenses. I have reviewed the terms and conditions of your Lease. I am aware of no written modifications, signed by both parties, which purport to change, modify or alter the tenns of the Lease as written. I am also in receipt of your letter addressed to Charles Mallios at Central State Realty concerning the security deposit. To the extent that any payment was made by you for application as a security deposit, the concerns addressed in your letter are premature. As I am sure you are aware, claims against a security deposit do not arise until the termination of a Lease. EXHIBIT "e" ~,l "' 'J::-!W""'~;J'i Mr. Henry Heflich, Jr. February 27,2001 Page 2 ELS/tde Enclosure Please give this letter your prompt attention. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO. Edward L.Schorpp cc: JamesM. Bucci, Esquire Mr. Benny R. Stamer F:\fILEs\DATAFlLB\Gmltr.eur\I~I..hJi.1 INFORMATION. ADVICE. ADVOCACy'M ~, .~ Mi2W&t6 _. _...~::k.t.,"!l_: ATroRNE'1i 6C CQUNSEU.oas AT UW W,lUAM F. Mt.Jn'SON JQHN B. FOWUR III . EOWARDL. SCHORN' . DANIEL K. DEAJlDOIlFF . THOMAS J. Will-lAMS - lvo V. Orro III . GEORGE B..FI\LLER}R.- c.w. C. RISCH. M.wc A. lJENUNGER .BOARP CaTIfIED Cwo. TRIAL S'EC!.\UST . . TEN EAsT HIGH STllEET CW-ISLE. PENNSYLVANIA 17013 -rELEPHON~ (717) 243-3341 . fACSIMILE (717) 243-1850 INTERNET www.mdwo.cOm September 10, 2001 VIA CERTIFIED MAIL RETt1JlN RECEIPt REOUESTED Mr; Henry Heflich, Jr. . Summit Farms P.O. Box 9 . SUmmit Sta,tion, PA i 7979 RE: 'Lease Agreement with Benny Stari1er Georgetown Road; Gardner~, P A 17324 Our FileNo. 10301.1 Dear Mr. Heflich: . . . As ,you are aware, this office has been retained by Benny R. Starner concerning your Lease Agreement dated January 6, 1999. Mr. Starner continues to consider you to be in substantial default . . under the terms and conditions of the vvritten lease. I am enclosing an itemization of the total rent due under the Lease through September 1, 2001, with a eorresponding itemization of rent paid. .You are currently in arrears in unpaid rent in the total amount of $39,586.00. . Under the terms of the lease, Mr. Starner is entitled to a l{)% . pe1}alty for late payment. The penalty amount is $3,959 .OQ. Demand is hereby made for the prompt payment of the total sum of$43,545.0Q within five days of the date of this letter. Mr. Starner also incurred expenses in containing and remediatingthe manure spill caused by your operations. We will be itemizing his expeusesin that regard, mid I will be in further contact with you for payment of those expenses. .. Vety truly yours, MARTSON DEARDORFF WILLIAMS & OTTO Edward 1. Schorpp ELSltde Enclosure cc: James M. Bucci, Esquire Mr. Benny R. Stamer ,,~"ES\DATAFILE\""".."""0l0l.hh2 EXHIBIT "D" INFORMATION. ADVICE. ADVOCAcy'M .~ ~ . ~ b. - ""'. "*;''''-~'~ ." . t:I ..D ITI ,.. Postage $ CJ ..... ITI l'- Certified Fee Return Receipt Fee ~ (Endorseman't Required) ru C Restricted Delivery Fee t:3 (El'\dofsement Required) CJ Cl ..D t:I CJ .CJ t:I l'- Total Postage & Fees . COlnpl8te:lte;';1, 2, .md:l. Also crimpletJ- item 4 if Aest~cted Delivery is desired. . Print your name and address on the revers'e so that we can return the card to you. . Allach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: Mr. Henry Hef1ich, Jr. SUIlUIIi t Farms P.o. Box 9 SUIlUIIit station, PA 17979 3. Service Type aCertified Mall 0 Express Mail [J Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted De\iv.,yJ (Extra Fee) 0 Yes 2. ArtIcle Number (Copy from service label) ~ (lUOO ()l)l7 7 JI 0 tj 3 ~D PS Form 3811, July 1999 .e 102595.gg..M.17a9 EXHIBIT "E" , ' -~ -~~ _~IJi~ . ' "" ..II /1J .:r CJ Postage $ "" rTI Certified Fee F"- F"- Return Receipt Fee /1J (Endorsement Required) CJ Restricted DellveIY Fee CJ (Endorsement Required) CJ Total Postage & Fees $ CJ ..II CJ CJ CJ CJ F"- _: ' -: ".':" c_" 'c., ":'1 _: '~ _! ",... .,. ':' ': ' _, '," ; . Complete ~ems 1, 2, arid 3: Also complete . item 4 If Restricted Delivery is desired. I . Print your name and address on the reverse I so that we can return the card to you. I . Attach this card to the back of the mail piece, I or on the front if space permits. I I I I I 1.M:~Adlt:q:"1~li~ . .1/1 S~~llAlI\Ll/ () [j 6lSX q ~~~ffi I Q~ nq1q D. Is delivery address diffenmt from item 1? Jf YES, enter delivery address below: Agent D Addressee Dyes D No 3. Service Type :It Certified Mail '. Registered Insured Mail D Express Mail o Return Receipt for Merchandise DC.D.D. . tricted Delivery? (Extra Fee) Dyes : '7ArtiCle Number ~Colb fro'lJh.rvice label) I/. 1 ; Q:lD (J l7 731() '2lQ. : PS Form 3811, July 1999 Domestic Return Receipt EXHIBIT "F" 1 02595-00-M-0952 '" '~ ~.~ #ll' -_~,; '.0, "." ~__b<t;~i" . -II.. t' ..- Farmer Boy Ag Systy[llS P.O. Box 435.410 East Lincoln Avenue Myerstown, PA 17067 - . ' ~ **** SALES ORDE~A~~!* i ORDER NUMBER: ORDER DATE: SALESPERSON: CUSTOMER NO: 8087626 05/29/01 JERRY OLSON 028005tl1 (717) 86&-7565 SOLD TO: BE:NNY STARNER 374 GEORGETOWN ROAD GARDNERS PA 17324 SHIP TO: BENNY STARNER 374 GEORGETOWN ROAD GARDNERS PA 17324 CONFIRM TO: (717) 486-3881 ------------------------------_.,-----------------------------------_._----------~-- :USTOMER P. O. SHIP VIA INSTALLATION F.O.B TERMS DUE UPON RECEIPT, NET 30 .._------_...~-----------_._--------------------------------------------------------- JRDERED JIM ITEM NO. DESCRIPTION PRICE AMOUNT SHIPPED BACK ORD _._,---_._~------~--_._-----~-_.~--------------~----------------------------------------- ;2.00 * FEED BIN 24.46 TON W/LADDER 2,485.0013 4,970.00 ::ACH -'-".2. '00--..'-;.--.-------...--1 NCO"MI'NG---FEED Lli,iE3::5 ,;--.-- 67B.630 1,357.26 ~ACH 4.00 * __._.-_.___.~_.___.'___V_H"_~___'_.H..______~,_"__________,__________~.___.___ M300 FEED LINES WITH DROPS 1,0Q0.000 4,360.00 ::HCH ---.-.i:-eii21...-:;------..----.-.--....--FENC-!NG -i-lo'Riz..-;:;wi)-CO.ATED-.---.----E,-;-e,q 5:-000-.-6:&<)-5:0"0-.' ~RCH FOR FEEDER DIVIDERS ONLY 1.00 * REMOVAL & INSTALLATION LABOR 3,240.0013 3,2413.00 ::ACH ___'_.__"~_".H"'__,_____ CUSTOMER CAN REMOVE OLD EQUIPMENT AND LABOR WILL CAN BE BILLED AT TIME AND MATERIAL NET ORDER: FREIGHT: SAL.ES TAX: 20, €:,;~2.. 2& .00 .00 ORDER TOTAL: i~0, &~:;~:~" 26 EXHIBIT "G" ~- -" " , ......'" ~""'~"'-~~, .' , ' \ . . , ~ " ~ VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. ~7('~~ Benny R. Starner Dated: October 22, 2001 --, ".h~ ~..,,~~ I . "1III1JrniliI1lii'n!'''ml1l1J:IT . Hi." fJrf 0_ Sr ~, OIJ~ 0) . I l,) Pl, . i"AlrF " ,'v, ., 'f rr. ,. J ?'}.I 1,'11 1 Jjj I ., ) , :/f-1 lil ili "TRiii:T' , , , 11$1 ~j._. .",~_~~>'m!l'fflI~_"$i\\~~~~~,lJ;f0"~-'j""W-?"-"'''''''P'.'I'"''';f),g~",7.'J"';'~~~.W___.. 1M .. ,__,~~~~~!f.F d_-'_' >. _-- ,0.-,. .Im,"""j>if.-#f~-"j F:\FILES\DATAFILE\Gendoc.cur\l 030 I-pra l/tde Created:- 04!04l(}104;56;45PM Revised: OI!04/1J203:29:35PM BENNY R. STARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-6051 CIVIL ACTION - LAW HENRY HEFLICH, JR., Individually, and tJd/b/a SUMMIT FARMS, Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate fue Complaint previously filed in the within matter, and transmit a copy fuereof to fue Office of the Sheriff for service. MARTSON DEARDORFF WILLIAMS & OTTO B~~~~ Edward 1. Schorpp, E q re Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: January 4, 2001 o~~~~~'Jilj<i~~~iii't.<;&,"":iitI'1\'JJll.4k~0l'lri!/!;\C!'"''>l'''''''h""",-.;;:u.~i!lIW,~~l)ljt'''''''- , ~"'~~_HllIiiiI~UDiIl::. -... 0 0 0 C N -n s: - ::;:j ..om J~ rnm ~ ::~l :";Id :;:::::::c :';;:,i~] ze- I ~~2: .-J S<S r---' ..,-.....; ;po -..,--1", -0;: J: <J~~ <".0 '~o 5 Off; ;c::-c ~ '-".::' ;t;! ::n -< t; i~.,.;{~~,l~MJC,J,J ~Ll!U!.~"Jl" c.,L,,,,,' _,.},14,!l~-; llL ~":",~,'\f,,_,!fft!b,,H1H;J~~~~~~,1s:;f,i,~,,&h.,.1\iJ:~':,;~',' ;-,~,J:__, ,F ,--,~_ .'.<> ,l,J"." '-uJJ ";'*:, ":J1:or;'.;:""P.J~J~,~~~-,,,. XU,) ~_l~,_~ __ "" - "--~-,, ~,'. - ,;_n ,_.~ .-0_ '.'~_ ',_ _N_,_~.~__,,^ '''-';.-'0 ",' ~, ,. :;.,;<." " ,: , JAMES M. BUCCI, ESQUIRE Attorney LD.#27963 2665 BemviIle Road Reading, PA 19605 (610) 374-6210 Attorney for Defendant BENNYR. STARNER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO. 2001-6051 HENRY HEFLICH, JR., Individually, and t1d1b/a SUMMIT FARMS, Defendant : mRY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO PROTHONOTARY: Please enter my appearance for Henry Heflich, Jr., Individually, and t1d/b/a Summit Farms, Defendant in the above captioned matter, and designate 2665 Bernville Road, Reading, P A 19605, as the location where process and papers may be served. Respectfully submitted, SM. CI, ESQUIRE 5 Bernville Road Reading, P A 19605 Tel. (610) 374-6210 PA. Supreme Ct. Atty. LD. No. 27963 j,~0~ . -'-~,~ - ",- ,- - . n ,~ - '~..!i'''' '_.'<'-"<''''''~''- ".-;.L_"'",""~""__;;".',,.- ~-" c,__ " ,- 1.&,;, ". , BENNYR. STARNER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO. 2001-6051 HENRY HEFLICH, JR., Individually and t/dIb/a SUMMIT FARMS, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, JAMES M. BUCCI ESQUIRE, attorney for Henry Heflich, Jr., Individually, and t/b/d/a Summit Fanus, certify that on I / dY , 2002, a true and correct copy of the attached PRAECIPE TO ENTER APPEARANCE was served upon the following parties by first class mail, postage prepaid: Edward L. Schorpp, Esquirc TeD East High Strect Carlislc, P A 17013-3093 Attorncy for Plaintiff Date: Ih~ I . M. CCI, RE orney for Plaintiff 665 Bernville Road Reading, Pennsylvania 19605 Tel. (610) 374-6210 Pa. Supreme Ct. Atty J.D. No. 27963 , f'J~M{L1'Iili~..r '~"ij~_Il:I~' J,,~LlI 1""~l'""'~~:.;;il~j~~~illIIiIi'~~~'-"" ~ '~"~ < , lli , ..... () c::- (-) ,-- r,,} ~''h ..",", ~!S.. ,- H' ""01-":' ~,:;-... !Tl~ -~.'" -. ZT 1'0 -. Z .. --, en ).~:. co "'-~ 1 2:<: , , , ~c; , -;;;) m -~\ )-~ _:c.. ~j~::: ~() -0 ~ >c ~I Z r::- > :::;! .~~ ~ fI; 0l~",,,.,;, ",L;:rI."tU L.LJt ,;_;_ ~~"'~" ,l,t,.",,' !"t"J!!lI,..J~~~ ,,.,,.1,. " ,4l1. ,...1~~_ -t!;Afk~[~-.,_",_yCi.~':' ~s: -,~(,,~ ,:, N " - ,..:, ;,'T,,1.., ,'~"_ ",!eJ~.\ ,~;~;,,-.~-,,. , " ,~'_~"",,-','~,I,)"" 'VC(,_' . "",.'.F" ...,<,~",)'l!'I!!!~J!'JLI!!~ >.."""".",,>,,~",,~ ~, ."~. ",,"",,; -~" ~.~k ~-. "ll ' -p;-.- ~i>) .~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06051 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ;/"' STARNER BENNY R VS HEFLICH HENRY JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HEFLICH HENRY JR IND & T/D/B/A SUMMIT FARMS but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of BERKS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 25th , 2002 , this office was in receipt of the attached return from BERKS Sheriff's Costs: Docketing Out of County surcharge Dep Berks County 18.00 9.00 10.00 40.32 .00 77.32 01/25/2002 MDW&O S~.~ . >c/'--:.~ ,,---- ----- R. Thomas Kline Sheriff of Cumberland County this IP' 30 - subscribed to before day of ~ me Sworn and !JCt1).l.; A.D. ~Q~~ Prothonotary ~ , ,- , , . ~;&;j~~".,;, ~ In The Court of Common Pleas of Cumberland County, Pennsylvania SERVE: Benny R. Starner VS. Henry Heflich Jr. ind and t/d/b/a Summit Farms same N 01 o. 6051 civil Now, JnauarY 8. 2002 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Berks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~..~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the ~, within upon at -. i ,:' by handing to ~q a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of , 20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ --~ .. b ~ ......~.- ' --'w,,~.....~;h: . . SHERIFF OF BERKS COUNTY 633 Court Street, Reading, PA 19601 Phone: 610-478-6240 Main Fax: 610-478-6222 Sheriff Fax: 610-478-6072 Barry Jozwiak, Sheriff Eric J. Weaknecht, ChiefDcputy AFFIDAVIT OF SERVICE DOCKET NO. 01-6051 COMMONWEALTH OF PENNSYL VANIA: COUNTY OF BERKS Personally appeared before me, JOSEPH ROSLIN, Deputy for Barry J. Jozwiak, Sheriff of Berks County, Pennsylvania, who being duly sworn according to law, deposes and says that on JANUARY 11,2002 at 10: IS AM, he served the annexed COMPLAINT IN CIVIL ACTION upon HENRY HEFLICH, JR., IND. AND T/DfB/ A SUMMIT FARMS, within named defendant, by handing a copy thereof to HIM PERSONALLY, at 203 KLINE ROAD, BETHEL, Berks County, Pa., and made known to defendant the contents thereof. Sworn and subscribed before me this 16TH ay of JANUARY, 2002 A \ - N0TARIAL SEAL \ TAMMY RODRIGUEZ, NotaTY Public Reading, Berks County, PA . c ,., 10.06-2003 MV CammlsSI01 t t..:.xp' e. Service made as set forth above. t:::,swers(} .~ SHERIFF OF BERKS COUNTY, PA Sheriff's Costs in Above Proceedings $ 75.00 DEPOSIT $ 40.32 ACTUAL COST OF CASE $ 34.68 AMOUNT OF REFUND All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. _Sec. 2, Act ofJune 20,1911, P.LI 1072 , ".;~ . ..!."~" "'-'-""-'- ,--.'",-. ", .";,'''" -., "l,^-_'-__~,;" .. ' JAMES M. BUCCI, ESQUIRE Attorney LD.#27963 2665 BernviIIe Road Reading, PA 19605 (610) 374-6210 Attorney for Plaintiff BENNY R. STARNER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001-6051 HENRY HEFLICH, JR., Individually and t/d/b/a SUMMIT FARMS, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone:(717) 249-3166 ,:J c ~, "' " ~ ~- " '"J;;" ',' ;.. ~i ;',",'., " , ""1Woic.' JAMES M. BUCCI, ESQUIRE Attorney LD.#27963 2665 Bernville Road Reading, P A 19605 (610) 374-6210 Attorney for Defendant BENNY R. STARNER, Plaintiff vs. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW : NO. 2001-6051 HENRY HEFLICH, JR., Individually and tJd/b/a SUMMIT FARMS, Defendant : JURY TRIAL DEMANDED DEFENDANT'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT Paragraph 1. Admitted. Paragraph 2. Admitted. Paragraph 3. Admitted in part and denied in part. It is admitted that on or about January 6, 1999, Plaintiff and Defendant entered into a written lease agreement whereby Defendant leased from Plaintiff a certain farm situate on Georgetown Road, Cumberland County, Pennsylvania. It is denied that a true and correct copy of the said Lease Agreement together with a written Addendum of even date is attached as Exhibit "A" to Plaintiffs Complaint. Paragraph 4. Denied. It is denied that Plaintiff gave possession of the farm to the Defendant on January 6, 1999 and it is denied that Defendant accepted possession on that date. By way offurther answer and denial, it is averred that the Defendant took possession of the farm on March 1, 1999 in accordance with the agreement with the Plaintiff. Paragraph 5. Denied. It is denied that the Defendant has remained in possession of the farm since January 6, 1999. On the contrary by further answer and denial, Defendant avers that },-_ '"'_ f-d" ~,,- ,l; ',';. . --""'" ,~ '--_""",d:L_ Defendant took possession of the farm on March I, 1999 and vacated the premises on December 8, 2001. Paragraph 6. Denied. The Defendant denies that the Defendant was required to pay Plaintiffthe sum of $33,600.00 annual rent payable in monthly installments of $2,800.00. On the contrary, by way of further answer and denial, the Defendant avers that on or about June 1999 Plaintiff agreed that the rent due and payable by the Defendant would be $1,936.00 per month as verified by the "Rent History" attached to Plaintiff's Complaint, marked Exhibit "B", and incorporated herein by reference. Paragraph 7. Denied. It is denied that Defendant has failed to pay all rent to the Plaintiff in accordance with the Agreement between the Plaintiff and the Defendant. Plaintiff agreed to accept $1,936.00 per month as the full rent due and owing by the Defendant. It is further denied that the "Rent History" marked Exhibit "B" to Plaintiff's Complaint is a true and accurate calculation of the unpaid rent because Exhibit "B" does not accurately give Defendant credit for payments made to Plaintiff for the following reasons: A. No rent was due and owing for the months of January and February 1999 because the Defendant did not take possession of the premises until March I, 1999; B. The "Rent History", Exhibit "B" to Plaintiff's Complaint fails to give Defendant credit for monthly payments of $2,800.00 made by Defendant to Plaintiff for the months of March, April, May and June of 1999; C. The "Rent History", Exhibit "B" incorrectly indicates that the rent due for the period of July 1999 through September 2001 equals $2,800.00 per month. On the contrary, Plaintiff agreed that the rent during that period would be $1,936.00 per month as evidenced by the payments made by Defendant to Plaintiff as set forth on Plaintiffs Exhibit "B". Paragraph 8. Denied. It is denied that the parties have never entered a written agreement to change, modify, terminate or otherwise discharge the terms of the lease and proof thereof is demanded at the time of trial. By way of further answer and denial, it is averred that ""'~'-'h" '-'.<~ - .'~ ,._~: ";'.~,~.~:",,",k-~:-; w'-" r'""i"r-" on or about JUIle, 1999 the parties agreed to change and modify the monthly rental installments from $2,800.00 per month to $1,936.00 per month. Paragraph 9. Admitted in part and denied in part. It is admitted that Plaintiffs counsel mailed the letters marked as Exhibit "C and D" to the Defendant, however it is denied that Exhibits "C and D" accurately set forth the unpaid rent accruing through September 1, 2001. Paragraph 10. Denied as a conclusion of law to which no responsive answer is required. However, to the extent that a response is required, Defendant denies that the Plaintiff is entitled to a late charge equal to 10% of the unpaid rent because all rent due and owing the Plaintiff has been paid by the Defendant to the Plaintiff. Paragraph 11. Denied as a conclusion of law to which no responsive answer is required. It is further denied that Plaintiff is entitled to a late charge because all rent due and owing Plaintiff has been paid by the Defendant. Paragraph 12. Admitted. Paragraph 13. Denied. It is denied that the Defendant breached the lease, specifically to the terms of Paragraph 10, by failing to take proper remedial measures to clean up a manure spill. Defendant promptly took remedial measures to clean up the alleged manure spill in a timely fashion. Paragraph 14. Denied. It is denied that Plaintiff was forced to take proper remediation to avert an environmental contamination because of the fact the Defendant took prompt and timely remedial measures to clean up the alleged manure spill and therefore any expense incurred by the Plaintiff was mmecessary and unreasonable. The manure spill was very minor and did not pose an environmental hazard. 0' ~ ,,' -,' ~ ,- . ;." ,~-- '''0' '. (-,,c: _I'; . , Paragraph 15. Denied. It is denied tlJat Plaintiff is entitled to make demand upon the Defendant for tlJe payment oftlJe cost of remediation in the amount of $145.00. Paragraph 16. Denied in part and admitted in part. The Defendant admits removing two feed bins, which was purchased by tlJe Defendant from tlJe Plaintiff for tlJe approximate sum of $800.00, and tlJerefore it was removed witlJ the express approval and permission of the Plaintiff. It is denied tlJat the Defendant removed any other part ofthe feed system from the premises and it is tlJerefore denied tlJat tlJe Plaintiff is entitled to make demand upon tlJe Defendant for payment or replacement of tlJe alleged feed system as set forth in Exhibit "G" to Plaintiff's Complaint. Paragraph 17. Denied as a conclusion oflaw. To the extent that a responsive answer is required, Defendant denies tlJat Plaintiffis entitled to his cost and reasonable attorney's fees because Defendant is not in default of the terms and conditions of the lease agreement between Plaintiff and Defendant. WHEREFORE, Defendant demands tlJat Plaintiffs Complaint be dismissed with prejudice and demands judgment against the Plaintiff and in favor of Defendant on Defendant's counterclaim. By way of further answer and denial Defendant avers as follows: COUNTERCLAIM Paragraph 18. Defendant's answers to Paragraphs I through 17 above are incorporated herein by reference. Paragraph 19. Defendant paid to the Plaintiff a refundable security deposit in the sum of $3,800.00. Paragraph 20. To date, Plaintiff has failed to account for said security deposit and despite repeated demands Plaintiff has failed to refund tlJe security deposit to tlJe Defendant. "< ~ " -, "'" - -"'. -" -, .k" ,," Paragraph 21. Defendant is entitled to a full refund of the security deposit in the amount of$3,800.00. WHEREFORE, Defendant demands judgment in his favor and against the Plaintiff in the sum of$3,800.00 plus costs. .tted, J e . Bucci, Esquire 665 Bernville Road Reading, Pennsylvania 19605 (610) 374-6210 Pa. Supreme Ct. Atty. LD. No. 27963 Attorney for Defendant , hm~~ ~"~ , ~' ,- , ,- ',_l , ',. .", .:-o,,,~ " Ow -L.t_,.__,,_ --J,-". "-""'."""""'3_' VERIFICATION I, Henry Heflich, Ir., Individually, and t/dlb/a Summit Farms, Defendant, verify that the attached Defendant's Answer and Counterclaim to Plaintiffs Complaint is based upon information which I have furnished to my counsel and information which has been gathered by counsel in the preparation of the prosecution of the within lawsuit. The language of the Defendant's Answer and Counterclaim is that of counsel. I have read the Defendant's Answer and Counterclaim to Plaintiff s Complaint and to the extent that is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the attached Defendant's Answer and Counterclaim to Plaintiff s Complaint is that of counsel, I have relied upon counsel in making their verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: :2- 4- a}- ~"" ~'"-, ,"~--,". .-",-,',,,"_,, ",-~,',l ~,,-,._' ';"~~, BENNY R. STARNER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001-6054 HENRY HEFLICH, JR., Individually, and t1b/d/a SUMMIT FARMS, Defendant : WRY TRIAL DEMANDED CERTIFICATE OF SERVICE I, James M. Bucci, Esquire, attorney for Defendant, Henry HefIich, Jr., Individually, and t/d/b/a Summit Farms, certify that on February 7, 2002, a true and correct copy of the foregoing Defendant's Answer and Counterclaim to Plaintiffs Complaint was served upon the following persons by first class mail, postage prepaid: Edward 1. Schorpp, Esquire Ten East High Street Carlisle, PA 17013-3093 Attorney for Plaintiff (f/;! ! ! Date: //.). /7 // /// ( f ;i "'. \ // I -",,- By: '., /. /- J ,. M. BUCCI, ESQUIRE orney for Defendant 665 Bernville Road Reading, Pennsylvania 19605 Tel. (610) 374-6210 Pa. Supreme Ct. Arty I.D. No. 27963 - -~ .~_"". "_ .-,_~_.ll!iIU ~~:fgfM:dI"~~-~".iJ.~"';~-'<'-.-'r:"':'""- -'I~~~~~~l ~ ': ..;,' iIiiIliiiI ft~ - 0 CJ 0 Cc r.~' .~ ~"l U ;;:;,.. " IT' ,., fT; L1 : ':-:::: ~, co :..:-::: ;~~ I Si co I::: r ::.> -.t,'.1 -- co; ~ -, ~~. c c , ,- ~::.~ ---..oj ~Jl :5J ..' (T~ , ,~ ES SF "".,~,_.II,!lli.! IIIU .. !._ ..M[iIi!,;.c_,lVU,W,.(.,:,l,~\:'H%J ),\, ....J..'Jl.Ur. ';'..11.['1.1 I .0," .c._.l._.' .J.n ..J" .'" ..."... ._._ ~' , ~.....~\",;" F:\FILES\DA T AFILE\GendOC.cur\l 030 l-reply.lItde Created: 04/04/01 04:56:45 PM Revised: 03113/021O:11:09AM <. BENNY R. STARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-6051 CNIL ACTION - LAW HENRY HEFLlCH, JR., Individually, and t/d/b/a SUMMIT FARMS, Defendants REPLY TO DEFENDANT'S COUNTERCLAIM AND NOW, comes the Plaintiff, Benny R. Stamer, by and through his attorneys, MAR TSON DEARDORFF WILLIAMS & OTTO, who replies to the counterclaim ofthe Defendant as fo\1ows: 18. Denied. The averments of Paragraphs 1 through 17, inclusive of Plaintiffs Complaint are incorporated herein by reference. 19. Denied. The averments ofthis paragraph are conclusions oflaw requiring no answer herein. To the extent an answer is required, any "security deposit" was only to be credited to the purchase price in the event Defendant exercised his option to purchase under the Lease Agreement. By way of further answer, the averments of Paragraphs I through 17, inclusive, of Plaintiffs Complaint are incorporated herein. 20. Admitted. By way of further answer, Defendant is not entitled to any return of the "security deposit" or any accounting therefor. The averments of Paragraphs 1 through 17, inclusive, of Plaintiffs Complaint are incorporated herein by reference. 21. Denied. This averment is a conclusion of law requiring no answer herein. WHEREFORE, Plaintiff demands that Defendant's counterclaim be dismissed and judgment be entered in favor of Plaintiff. MARTSON DEARDORFF WILLIAMS & OTTO Date: 4l~,y /.$/ c:2oo e< B~~~~ Edward 1. Schorp , Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff " , -;LL. , ,",l.,,""'i h!i&i'~' VERIFICATION The foregoing Reply to Defendant's Counterclaim is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon infonnation which I have given to my counsel, it is true and correct to the best of my knowledge, infonnation and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false avernlents, I may be subject to criminal penalties. ~~~ Benny R. Stamer F:\FILES\DA TAFILE\Gendoc.cur\1 030 I-reply. [ I-~' .}, 1""*1"_''''' . CERTIFICATE OF SERVICE 1, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certif'y that a copy of the foregoing Reply to Defendant's Counterclaim was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as foIlows: Dated: 1...au1/ff; Z<<12. James M. Bucci, Esquire 2665 Bemville Road Reading, P A 19605 MARTS ON DEARDORFF WILLIAMS & OTTO fJ2<~ /1 t+"4 . la D. Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 &bi~t~rrii~!1l4.~~..-iti!iit~~~~{';:r.i!.<,,,,,,,,,'i"!L"V~"''',"'',_~h~-',,;I:,--:'i~.Jifdlli1l1nrr "lHiIl ~%~~...~ ~- -;1 ....... ,:lJ ""UIJ!ll.: ll! J U.. ~111lL W[i!!IJ!!HUUJ,:~. win. J! ""~,J,."..",,,,, JI!:!. ".IL:!U,l..""J",,, ,~., '.. .,.,,,,, , , ' '" , _ "d, O~~'" _"",-~, ~ ,,~~, - () !;= (:::;::~ rr,}'''c. :?';Yi (~ (~'-- ~~i' ~: .2" s:) .-; ~', C) i'\_~l '-j -'/ :~:\~ ~:<] /"-:-:::. , .-:;; :'S,) \.) (J) -~~ '~-~1; ,j- ~-:.I :0 -" FS S!./ .~ ^ .~- " -, 'I . , -~~k~ .. 4 ( , or-' 't James M. Bucci, Esquire Pa. LD. No. 27963 2665 Bernville Road Reading, PA 19605 (610) 374-6210 Attorney for Defendant BENNY R. STARNER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO. 2001-6051 HENRY HEFLICH, JR, Individually and t/d/b/a SUMMIT FARMS, Defendant DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF TO: Benny RStamer C/o Edward 1. Schorpp, Esquire Ten East High Street Carlisle, PA 17013-3093 Pursuant to Pa. RC.P. 4009, please furnish at our expense, at our office at James M. Bucci, Esquire, 2665 Bernville Road, Reading, Berks County, Pennsylvania, within thirty (30) days from the date of service upon you, a photostatic copy or like reproduction of the following materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: I. Copy of all rent receipts and copy of original records and accounts evidencing payment of rent by Defendant to the Plaintiff and/or evidencing rent unpaid as alleged in Paragraph 7 of Plaintiffs Complaint. '{; ,,~ ~- - ,- . 0 -.~';'.- - , ". " , . ~" . .. r 2. Any photographs, reports or tests in support of the allegations contained in Paragraph \3 of Plaintiffs Complaint. 3. Any documents, photographs or other evidence to support the allegations contained in Paragraph 16 of Plaintiff s Complaint including any estimates of the value to replace the feed system allegedly removed by the Defendant. 4. Itemization oftime and charges to support claim for attorney's fees contained in Paragraph 17 of Plaintiff s Complaint. 5. Any and all other documents, photographs or other evidence that the Plaintiff intends to introduce as evidence at trial in this matter. esM. ucci, Esquire Attorney I.D. #27963 2665 Bernville Road Reading, P A 19605 Phone (610) 374-6210 Fax (610) 685-0808 Attorney for, Henry Heflich, Jr. Date: , ,-~ ++ ".- , <-'-'_." <' .j-, -,," ~ ' "'_J.'_ ii.lW;.~,.: . ~ c ., , . James M. Bucci, Esquire Pa. J.D. No. 27963 2665 Bernville Road Reading, P A 19605 (610) 374-6210 Attorney for Defendant BENNY R. STARNER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO. 2001-6051 HENRY HEFLICH, JR., Individually and t/d/b/a SUMMIT FARMS, Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Request for Production of Documents Addressed to Plaintiff is being sent this date to the following by first class mail, postage prepaid: Edward 1. Schorpp, Esquire Ten East High Street Carlisle, PA 17013-3093 Date: (k~ '~m~t~<'" '",J~ ~1IliIIlM/j ,.",LL. .U. :lWll " ". 0" ~" .lllilJ '~;lililil~~,.,~l't-.t'l<Jli'~ , ,:~, ' ',~ ,:.,:.~:~,.ltLJ .,,~J,: J""", "'.",:l, ,; :,~;~-J1~i2,,_,N ~..It, ;' ( .L". ).l),_,v~"", L.,; ,~_ )IJ__~._~J__ () ";'~ ~" ~~F- 2::-S:- t;~l~-: r: ~~2 2: -) _.~ C) ,'<::' 'l'.'JlI' '::0 >J j'0 D"' ..0.....",_"". __.__.u.'."'.""". , ~~ ....L ::' C:-;s 8~1 C) ---;-, _,.J ;::-?\ -'.",," j:J -< " ",' -~"'-" BENNY R. STARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANJA v. NO. 2001-6051 CNIL ACTION - LAW HENRY HEFLICH, JR., Individually, and t1d/bla SUMMIT FARMS, Defendants ORDER OF COURT AND NOW, this '~ay of ~, 2002, upon consideration of the within Motion and attached Stipulation, judgment is hereby entered in favor of Plaintiff, Benny R. Starner, against Defendant, Henry Heflich, Jr., Individually, and tld/bla Summit Farms in the amount of $26,000.00. The Prothonotary is directed to enter and index this judgment acco:~. /. BY~"'~O./~.~fY>/ Ii :/ t \.}'. , J. for Plaintiff: Edward L. Schorpp, Esquire Ten East High Street Carlisle, P A 17013 ~~ "/~ o3,b.L- for Defendant: James M. Bucci, Esquire 2665 Bemville Road Reading, PA 19605 9- 1" .no ~ . -,- ~<_.A~ .",,,,~. ""-.",,,",'-1 - -","'0, -k", ",C_ 'J.?,.,_'] '>2' ,'iJ;;' -;;;; -'-"-#1'~if1"'r""~~~ "" tr-"TrO--- ! r II Uml!lilti1J;l'ff I'i.r: \." .""1"'- l:\\ j:.T)-Ck\"j,.j~ :fJ.'O'Y' ; lL'-f_:;:~;,C::\ '"~'~'I',\,.\r; \1\n. " "Cj \\J\ - J U",""" - . '\'" \'" ~r\ u. .... ",.,r,U'I,\1Y -".<-\, /"\''1) \ '.....' C'U""""."-\.J"".'. -I'p, W'-''-'. 1 \"N' , 'PE}\\'lS'iLJi-\' \ "'~ )<.. _M!'IWIIl!'IR'~~~~,j!'~-I-'IJ."Jlm>',~~*'tl!l!~",j~~'!'-1j"'i""'D''i'"'''~-''':I''''''''"''"''-:;,,,:';--,,r,._tiij;r"'i-"tP.i~i~J11Il'!'~ifl'!'WIl~w,,_.,,,,,,I~.,L,_:I!~~~~~~ ",'^ '''~'H F:\FILES\DA T AFILE\Gendoc,cur\1 0301-mot, I/tOO Created; 04/04101 04:56:45 PM Revised: 06J2If0207:35:21AM 10301.1 BENNYR. STARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-6051 CNIL ACTION - LAW HENRY REPLIeH, JR., Individually, and tJdIb/a SUMMIT FARMS, Defendants MOTION FOR ENTRY OF JUDGMENT AND NOW, comes the Plaintiff, Benny R. Stamer, by and through his attorneys, MAR TSON DEARDORFF WILLIAMS & OTTO, and moves this Honorable Court for entry of judgment upon the following: 1. The parties hereto have stipulated to entry of judgment in favor of Plaintiff and against Defendant in the amount of$26,000.00, all as is set forth in the Stipulation attached hereto and marked as Exhibit "A." 2. Pa. R.C.P. 1037(c) authorizes the Court, upon motion of a party, to enter an appropriate judgment upon admission of a party. 3. Defendant has admitted that judgment should be entered against him individually and t/dIb/a Summit Farms in the amount of $26,000.00. WHEREFORE, Plaintiff moves Your Honorable Court to enter judgment accordingly. MARTS ON DEARDORFF WILLIAMS & OTTO B~~ Edward L. Scho , Esqu e Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: June 21, 2002 .~ . ,.,~. .. .....,.;.,"""~.'i F:\FILBS\DATAFILB\Gmdoc.cur\10301-stip,agr/tde Created: 04104I01 04:56:45 PM . Revised: 06l.l4/0211:12:55AM '10301.1 BENNYR STARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-6051 CIVIL ACTION - LAW HENRY HEFilCH, JR., Individually, and tJd/b/a SUMMIT FARMS, Defendants STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes the Plaintiff, Benny R Stamer, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendant, Henry Heflich, Jr., Individually, and Henry Heflich, Jr. tJd/b/a Summit Farms, by and through his attorney, James Bucci, Esquire, who stipulate and agree as follows: 1. Pa. RC.P. 1037 (c) provides that in all cases, the Court, on motion ofa party, may enter an appropriate judgment against a party upon admission. 2. Defendant agrees and admits that judgment should be entered against him in favor of the Plaintiff in the amount of $26,000.00. 3. The parties agree that the Court, upon motion of the Plaintiff, may enter judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further BV~~ Edward 1. Schorpp, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorney for Defendant Oow (;(r Attorney for Plaintiff Date: c;;;;'~/,h.2 EXHIBIT "A" ';..~~.~~~~0',,w""rli.\li.j;,~;;.""lt'i~'dWd"'Hf,",,,,,.'~,"~j"<!1="'~oi;llcli:.li41'~~~~I!i!!ll_I.Lil~'~<-- U f" (" r.T\ fl". 'I '~, t:. ",. ~ ~ .,,, ~, '':<) '-. .- Jutl ? Ii 2002 ",",_J...AJJ1L. UUL!lL1.I.&.:.Ut.,~rrl1.1tlJi. 1: ,c.. _"~L lA;LA\.,.,:J,)" ._,'. .).".'1"".,." ~J"., ' . ,. ",. '"'"""'-<." ~-" -"'~; CERTIFICATE OF SERVICE I, Tricia D. Eckemoad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Motion was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: James M. Bucci, Esquire 2665 Bernville Road Reading, PA 19605 MARTSON DEARDORFF WILLIAMS & OTTO ~/~fJ ~~J Tncia D. Eckemoad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: June 21, 2002 'r ~:~~i!lt_*.~!tl:!ili',jf;!;-WC.A:lik~'iMjlh~;;;Ji.";;",;;,:f,""",;,c,,,,,,";l;.:,,;-< \". ~~ . "c,-~,,,_,-,,--J,."_~'" .'- 'J""_",-.",,,;,,'_.'llc.;fd~#jJ',~fl:l~~~-_~IliH;,m"'~'J.lll"l!,""""il>.~_____ ro -P ~ ~ t' (") 0 0 ~ r c 1'-> 'n ~ '7" '- .,-1 (' ~:;"" i'~~\# ;;. -C~ 03 (:::: ~ V' - ]f z!~T ';;{~ -;iTl v, '" e- N """ ...0 - "- II'; ;:;:C .bO 0 '" ~:-2-' ;~:.>6 C V\ -t,~~r1 <> "- -" ~i":':_) );:)<> ''') n ~ "If .P: ''l .~ ;"7(-) :2"( ?')rn \ ~~~~ '-P. (' .J:;> =-. z )> ::0 6 ,.4 (..:> =< , -, J .J\!.~1.. J. . _".~.JI.. JIlII.l. f.. ! i!liML.~;.Mrn.IIJ!!lI\..~\U.I!J".II~lI...~lItJlltJ.~..)w,..N.... ,.. . . .... ...,....=. .."'. . _ ......_ , , <-" ' "~~-~....~~'.! F: \FILES\DAT AFILE\Gelldoc.cur\l 030 I-pracwnb.2/tde Created 04/04/01 04:56:45 PM Revised: 09/19f02 04:46:50 PM 10301.1 BENNY R. STARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-6051 CNIL ACTION - LAW HENRY HEFLICH, JR., Individually, and t/dJb/a SUMMIT FARMS, Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter satisfaction of the within judgment in full. MARTSON DEARDORFF WILLIAMS & OTTO B~<~ Edward L. Schorpp, Es uire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: September 20, 2002 ;(~,13J?/::;!N;~0,-:;;";-;di-- '" "'-0- ..~~~-> .....'~~;.j, CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: James M. Bucci, Esquire 2665 Bemville Road Reading, P A 19605 MARTS ON DEARDORFF WILLIAMS & OTTO 6li&fJ.~W ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 20, 2002 .f ~\!-'.f.'i;":~~J..ri'1.~il,--; ~-'.lJfliiIj*~iit1.oJl.-,,!,t~&f1fu'J:?j.k;,~;;;w:";-~M:~,''''_''-;,oJ;-'l!,,::.d.''''f'''''''''''ill:r;'jJljr~IO!-'-'~''''''L~'~~'''ll~".t~",''''mf.lilil'llt<Jj",jJ'' Ilj;;;~t"~ "'_l!tllfJ~" -" - =..~.. tt~~,~~,t.~):U)-~,_,J,;l5:,,,,~,~'_>~.,~ - it J.;L".L."~.JJ.".""Ljl"o., "~)i!:!;1JUJJ""Jnt,1 ;L,J,,,<!,,,,l',.J J .,(t.J~. ,. .". ,.,",,". '"0" - (") 0 (") (= I'>) ... ~:;: (/) ,.-\ Urfi ~fJ[J: 1"'1 r!-,11 -U ~~i; , I,p N ~Jrn 0 '-r;O CO) , [::.C) :~\() :;~C_ :L-.... --,-r. ;-~-n ~~~ \..;:;:' (') ()rn ~1 ;:-1 :;) ,",,- Ii -<. --I -< ffJ -"."" '....",.,"