HomeMy WebLinkAbout01-6051BENNY R. STARNER,
Plaintiff
HENRY HEFLICH, JR., Individually,
and t/d/b/a SUMMIT FARMS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 200 - 6aa.ffl
CIVIL ACTION- LAW
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
BENNY R. STARNER,
Plaintiff
HENRY HEFLICH, JR., Individually,
and t/d/b/a SUMMIT FARMS,
Defendants
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-
CIVIL ACTION- LAW
COMPLAINT
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/d/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 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.
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.
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.
10. 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.
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 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 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
of the original bam 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 Plaintiffmakes 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.
WHEREFORE, Plaintiffdemands 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 roles of court.
Date: October 22, 2001
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
LEASE AGREEMENT
THIS LEASB AGREEMENT (hen~nsfler called the' "Lease"), is made this 6th day of
January 6, 1999 by and between BENNY R. STARNER, and inifividual with his m.ili.~t
address located at 374 Georgetown Road, Oardners, PA 17324 0~re'malter called
"Landlord"), and ~ummit Farms) Hem'y Heillch Ir. having an address at
P.O. Boxg, S-mm~Station, Pennsylvnnln 17979(hereinafle~caliad"Tenent').
wrrNESSETH:
That in consideration of the rents, covenants and agreements contained h~ein,
Landlord hereby lenses to Tenant nnd Tenant hereby rents from Landlord the Premises as
hereinslter defined for the term, upon the rentals, and subject to the terms and conditions
hereinafter set fo~h as follows, namely:
l. DEMISED PREbIISES
A. Landlord hereby demises and leases to Tenants, ned Tenant hereby rents
from Landlord the buildings and the acres~e outlined in red on Exhibit "A"
attached hereto (the "Demised Premises or ?,,~,~ses''), located nt 560 Block of '
Georgetown Road, Cumb~lsnd County, pp~nnsy]vnnin~ a Farm owned by
Landlord. Togetlm' with all easements, tights, privileges and apport,~,~.s
belon_o/no_ to the demised premises nmi the use, in common with others, of the
Farm parking areas, and se~gice ereas, which uses shall be for itseK,, its officers,
cmployces, and invitees.
B. Tenant acknowledges that it has inspected the Demised ~ is aware
of its condition, and agrees to and hereby accepts the Demised Fl=raises 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
Tenant's proposed i~,i,,vements 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 demilad
specifications nnd construction plnns for lhe renovation of the Demised Premises
("Renovation Pluns"). Landlnsd shall have a pecind of fiReen (I 5) days to review
said Renovation Plans and mnlre comments and/ns grant vn'liten at,plvval. Once
approved, the Renovation Plans will become pm of this Lease.
D. Tcoant shall be respons/ble for all costs and expense of obtninln_o any
necessury governmental approvals. Landlord shall coopernte with Tenant as
necessary in applyin~ for approvals. Promptly aRer a budding permit is issued with
respect to the renovation of the Demised Premises, Tennnt shall begin such
renovations in accordance with the approved Renovation Plans.
E. Upon full execution of the Lease, provided Landlord has received a
Cetlilicate of Insurance in accordance with Section 14 hereof, I~ndlord shall
deliver the Demised Premises to Tenant nmi Tenant ,hall have the access to the
Demised Premises ptior to the Commencement Date of the Lease.
2. TERM AND OPTIONS
Tiffs Lease shall be effective upon full execution by beth parties to the Lease.
'fhe term of this Lense shall 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"
I
iustmment in recurdable form settin~ forth the dates of commencement and the
end oftbo term in the form of Exifibit "B".
USE OF PREMISES
A. Business - The demised plemises are lease to Tenant to be used and
occupied for the operation of a bog finishing farm and for no othar use without the
prior wrlttcu conscut of Landlord.
B. As on of the inducements/'or mat:inS this Lease, Tenant hereby cuvennnts
and agrees to occupy the Premises promptly aflar the cummancement of the term
of this Lease and thareafle~ continuously during the saki term, to conduct in esid
Premises the business permitted in paragraph (A) during ho~0rs recognized in the
trade as normal and customary for such type of buslness, to keep in stock in the
Premises a full aa nm?le line of livestock/supplies for the purpose of can~ on
the business, Tenant Will not use, permit suffar the use oftbo Premises for any
other business thnn that herelnabove stated and will not use or permit say use of
the Premises except in a mmme~ consistent with ganeral high standards of fnrm~g.
Tenant win not p~t~..~t, allow or cause any public or private auction sales m be
conducted on or fi'om the Pl~raises. T~nnnt wJ]l conduct b-hiness on the Premises
only in the nnme of Summit Farms and under no other rmme or trade nnnm unless
and tmtil the use of aurae othar name is at~,,ved in writing by Landlord.
l~JqT
A. Tanant cuvenants and agreas to pay to Landlord, as rcotal for the Premises,
the following mlnim~lm annual rani:
$33,600.00 Thi~y - three thousand six hundred dollars payable at
$2800.00 twemy- eight hundred per month.
B. Monthly instnll,-,~ts of rent shah be due and payable on the first day of
each month in advance without any setoffor deduction whatsuev~. If the
Commencement Date is not the first day oftbe month, minim*tm ~ for the
month in which the Commencement occurs shall be prorated based on a tl~ty (30)
day month.
QUIET ENJOYMENT
A. Landlord hereby cov~nnnts and agrees that so long as Tenant complies
with all the terms, covenants and provisiom of the Lease, Truant al*all have the
peaceful and quiet use of the Premises without let or hindrance on the part of
Landlord and Landord shall wan. ant and defend Tenant in such peaceful and quiet
use and possession against the claim* of the parsous cJniming by, through or under
Landlord.
B. SUBORDINATION - Tenant's rights under fids Lease are, however, and
shall always be subordinnte to the ope~atlon and effect of any ground lease or
mortgage, deed of trust or slmlinr sccmity iustmment (heralnalt~ collectively
called "Security ~t') now or hereafter placed upon the land or buildings of
which the Premises are a pan th~eof, by Landlord or any renewal, modification,
consolidation, replacement or extension of any such Security lnstntmant, unless
such seoued party elects to have *hall be self-operative and no further instrument
of subordination ,hall be required. In confn'mation of such subordination, Tennnt
shall execute promptly suy certificate that Landlord may request. Tcu~t hareby
constitutes and appohts Landlord as Tmant's attorney-in-fact to execute any such
certificate or certificates for alld oll behalf ofTen,silt.
P~G ARKAS
A. During the ham of this Lease, customers o f 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 timc existing within the Farm, provided
that such use haan be subject to such rolex and regulations as Landlord may f~om
time to thne prescribe governing the ashy; and provided further that Landlord shall
at all times have full and exclusive control, -~ngemant and direction of said
driveways, footways and parking areas.
B. Tenant, at Tenant's sole cost and expense shall cause the fighting of the
bant area of the Demised Pre~s to be separately metered and controlled by
Tenant. Tenant covenants and agrees that it will provide reasonable maintenance,
foot~vays and parking areas witbln the De~ Premisex and that it will keep the
sume in reasonable ~'palr and reasonably ~rre of litter and mow. Tenant agrees
that as its sole expense, it ~ keep the rm*~n access driveway to the farm to the
natrance of Tenant's ham area clem' and ~rec of mow mid ice dining the hours
needed for access to the bant Any cost attributable to such work will be paid by
Tenant.
ASSIGNMENT AND SUBLETFING
A. Tenant covsuants nmi agrees not to assign this Lense in whole or in part,
nor to sublease ali or any part of the Premises nor permit other persons to occupy
the Pt~uises or any part thereof, nor to ~u~ any license or concession for all or
any pn~ of the Premises, without the written conscot of I.-'*n&lord in each instance
first had and obtained. Landlord's consent may be denied at any time Tennnt is in
default under this Lease. Tenant's chan_olng from a sole proprietorship to a
corporation shnll not bt' considered an
B. Any consent by Landlord to an asslgnment or subletting o f this Lense shall
not consiitote a walve~ ofthe necessity of such consant as to any sul0~SlUent
assi?ment or subletting.
C. Any consent by Landlord to an assignment or subletting ofthis Lease
shall not relieve the Tenant o f any of its liabilities or obligations hareunder, unless
specifically agreed to in writing by Landlord. An assi_~nnumt for the benefit of
Tenant's creditors or othelavise by operation of law shall not be effective to
transfer or assign Tenant's interest under this Lease unless Landlord shall 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 FLRy Dollnrs ($150.00) plus Landord's attorneys' time and fees
charged in the ~view of any ass~ment or subletting proposed by Tenant
(payable whether or not Landlord grants coasent).
E. Any attempt to assign or sublet this Lease in vinhtiun o~this section of the
Lease shall be null and void and of no effect.
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 smrender the ?l~mise~ at the expiration of
the term in as good condition as when received, OrdinAry Wear Imd tear excepted.
Tenant covenants sad agrees to maintain, repair, and replace if necessary, 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 nnd will not install any additional electrical wiring or p~mbing unless
it has fitst obtained landlord's written consent thereto nmi, it'such consent is
given, Tenant will install the same at itsowncost and expense. Tenant will repair
promptly at its own expose any damage to the Pren~ses caused by bringing into
the Premises any prope~y for Tenant's use, or by the inst~etion or removal of
such property, regardless of fault of by whom such damage shah be caused unless
cnnsed by Landlord, its agents, eiiiployees, or contractors.
In the event Tenant shall 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) hours after receiving wtitten notice fl~om Landlord to make
such repairs or perform such obligations, then and in such event, Landlord may at
its option, enter the Premises and do and perforJn the things specified in saki n
notice, without linbitity on the part of Landiord for any loss or chmsse resulting
·om any such action by Landlord and Tenant agrees to pay promptly upon
den~nd as additional rent any cost or expense incurred by Landlord in taking such
action.
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 shall a
also be responsible for any inercese in rates, any penalties or surcharges, or any
improvements to such utilities necossitnte or imposed es a result bfTensnt's use of
the Demised Premises.
10. TENANT'S OPERATIONS
A. Tenant covenants and agrees
that is will use, maintain and occupy the Premises, in a carefid, safe
end proper rnsnner, and ~ keep the alyportenallcns, incindinR
adjoining driveways in a safe condition, nmi will promptly clean the
snow, ice and debris fi'om said driveways and apportemmces during
the term of this Lease at its own expense;
that it will maintain the Premises at its own expense in a clean,
orderly and sanitary condition, control insects, rodents, vermin sad
other pests;
that it will not permit undue accumulations of garbage, trash,
rubbish and other refuse, but will t~aove the sume at its own
expense, and will keep such refuse in proper containers on the
Premises until called for to be removed;
that it will conduct its business in the Premises in al respects in
a di~miflnd manner and in accordance with high standards of fiLrm
operntion.
B. Tenant covenants nmi agrees not to make any alterationst additions or
improvemeats to the farm nod not to make any structural alterations to the
Premises, or anypart 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 ~A
shall remain upon the Premises in the absence of any agreement to the contrary;
provided, however, that Landlord shall have the fight 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 ofthls Lease.
C. Tenant further agrees to maintain any sign, billboard, marquee, awning,
decoration, phcard, 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.
D. Tenant covenants and agrees to execute and comply with alllaws, roles,
orders, directions and requirements of all llovernmentel departments, bodies,
bureaus, agancies and officers, and with all rules, direct'mm, requirements and
f~ommefldatioll~ ofth~ local boal'd of lira trade--ers al~ the ~ insuranc~
rating orgnni~'~tious bering jurisdiction over the area in which the Pramis~ nra
situated, in any way pertnlnlnS{ to the Premises or the use and occupancy thereof.
In the event of repeated violations where Tenant shall fail or neglect to comply
with any of'the aforesaid laws, niles, orders, directions, requirements or
re(a~mmendations, Landlord or its agents may enter the ~ and take all such
action and do all such work in or to the pr~mi*es as may be necessa~yin order to
cause compliance with such laws, rules, orders, directions, requhemants or
recommendations, and Tenant covenants and agrees to t~e I.~naloni
promptly upon demand for the expense incurred by Lnndinrd in teldn~ such
not'mn and performing such work. Tenant timber covenants and nisees not to do
or suffer to be done, or keep or suffer to be kept anything in, upon or about the
Premises which will contravane Landlord's policies in companies reasonably a
ecceptnble to Landlord; and it'anything done, omitted to be dona or suffered to
be done by Tenant, or kept, or suffered by Truant to be kept, in, upon or about
the Premises shall cause the rate of fire or other insurance on the Premises, or
other property of Lanfilord, to be increased beyond the minin, mm rate fi'om time to
time applicable to the Premises, or any ndjoinlng stores or to other property of
Landlord for the use or uses made thereof, Tenant will pay the amount of'such
increase promptly upon Landlord's denmnd.
E. Tenant covenants and a~rees that if any meohanics' or materlalmen's lien
or other lian shall be filed against the Premises, or any other part of the farm, by
reason of or arising out of any labor or material/k~r~/shed or alleged to have been
fornlahed, to or the F,~Ases or any occupant thereof, or for or by reason of any
change, nlteration or addition mnde by Tanant thereto, discharged ofrecord by
bond or otherwise as allowed by law, at Tenant's expense, within five (5) days
nfler the filing thereof; and Tenant shall also defend on Landlord's behalf; st
Te~mnt's sole cost nmi expense, any action, suit or proceeding which may be
brought thereon or for the enforcement of nny such lien, and Tenam will pay any
dnrr~gns and satisfy and discha~e any judgment entered thereon and save
La~llord harmless from any claim or damalle resullinll therefrom. If at any time
Tenant does not comply with the covenants made in this subparagraph, Landlord
may, at its option, aRer g'win$ Tenant three (3) days prior written notice of its
intention to do su) cause such lien to be canceled and discharged ofracord by bond
or otherwise as allowed by law, nmi Tanent shall pay all costs thereof, including
reasonable attorney's fees, as additional rant, pnynble with the next ensuing
instnllm~'ilt o£ minlmuln lent.
11. ROOF AND WALL8
Tenant shall repair, maintain and conduct snow removal from roofs if
necessary.
17,. TENANT'S INSURANCE
A. Tenant shall, and does hereby, indemnify and hold harmless
Landlord and any other parties in inte~st set for in Section 14 (B) (4) from
and against any and all liabilities, fines, claimq~ damages Ittld a~iol~ coSTS
and expenses of nny kind or nature (including attorney's fees) and of
enyone whatsoever.
1. Rehting to or ads'mB from the use and occupancy of the Premises
Due to or arising out of mechanic's llen filed against the farm or
any part thereof, for labor pe~-formed or for materials furnished, or
chimed to bo thmi.~hed, to Tenant or
Due to or arising out ofeny tx~ach, violation or non-performance
of any cove~nt, condition or agreement in this Lease set forth and
contained on the pert of Te~nt to be fulfilled, kept, observed and
pal'forn~d, tmless such damage or itlj~lry ~hall b~ ocgesinned byth~
gross negligence or wilithl act or omission of the Landlord or any
of the other aforesaid parties in interest, or th~ ses ve agents,
servants or employees (in which event, Landlord shall
and hold harmless Tenant to the extent to such gross negligence or
willful act or omission). Notwithstanding the foregoing, Tenant
qhn!! at I~1 tittles fm~mln liable for, end indenmlfy and hold harmless
Landlord as aforesaid against, and damage or inju~ arising from
perils against which T~mnt ks required by this Lease to insure.
B. Tennnt covenants and agrees that from and after the date of
delive~ of the Premises from Landlord to Tenant, Tenant will carry and
mnlntain, at its sole cost and expense and in the amounts specified and in
the form hereinafter provided, the following types of insurance's:
General public liability insuranco with respect to the Pr,~mises and
Tenant's use thereof with companies acceptable to Landlord and in
a policy or policies, the form of which ks or are satisfactory to
Landlord, covering both Landlord and Tenant, es.tbe~r imerests
may be, against clnlmq for personal injury or death and property
damage occun~ upon, in or about the Premkses, such inanronce to
afford protection to the limit of not less than $1,000,000 arising out
of any one occummce, and against property ~lnmase to afford
protection to the limit of not less than $1,000,000, or such
insurance may bo for a combined single limit of $1,000,000 per
O¢CUlTcoC~,
All risk insurance covering the building, improvements, and
property of Tenant including trade fixtures and l~r~onal property
f~m time to time in, on or upon the ?~ vmksea and any alteratinm,
improvements, additions or changes made by Tennnt thereto in an
amount not less than one-hundred percent (100%) of their fidl
replaccment cost from time to time during the Lease term,
providing protection against perils included within the standard
Pe~nsylvnoin form of fn'e and extemied coverage insurance policy.
All policies of insurance to be provided by Tenant shall be issued in
form acceptable to Landlord by insurance companies with general
policybolder's rating ofnot less that A and a ~]naneks[ reties of
AAA as rated in the most current available "Best's" Insurance
Reports, and qualified to do business in the Commonwealth of
pconsyivania. Bach such policy shall bo issued in the 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 oflnsuranco or a certificate thereof shall be
delivered to Landlord within ten (10) days upon full execution of
this document and thereafre~ at least fifreen (15) days prior to the
expiration of each such po~cy. As often es any such policy shall
expire or term~rmte, renewal or additional policies ,hall be procured
and maintained by T,mnnt in like manner and to L~ke extent. All
such policies ofinsuronce 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 cancellntion~ or lapse, or
the effective date of any reduction in the amounts of insurance. In
the event Tenant shail fall to promptly fu~i~ any insurance herein
required, Landlord may effect the same for a period not exceeding
one (1) year and Tenant shah promptly reimburse Landlord upon
demand, es additional rent, the premium so paid by Landlord. If
upon Tenant's failure, rathec than purchase separate insurance
coverage, Landlord chooses to include Tcoant's coverage under
Landlord's insurance policies then Tenant shall promptly raimberse
Landlord upon denmnd, as additional rent, the greater of the
increase in Landlord's premium resulting therefrom or $1,000.00.
All such public liability, prope~y damage and other casualty
policies shah be written as primary policies which do not conm'bete
to nmi are not in excess of coverage wifich Landlord may easy.
All such public ~bility and prope~y damage policies shall contain a
provision thnt Landlord shall nevel~beless be entitled to recove~
under said policies for any loss occasioned to them, their secants,
agents and employees by reason of the neg~gence of Tenant or any
by a policy or policies of blanket insurance, covering additional
itent~ or locations; provided, however, that:
Landlord shall be named as nn additional insured thereunder as its
interests may appear; nnd
the coverage afforded Landlord wili not be reduced or d;mlnl,hed
by reason of the use of such blanket policy of insurenca; and
any such policy or policies (except any cove~ng the risks referred
to in Section 14 (B) (t), shall specify therein (or T~-R.* shall
furnish Landlord with a written statement ~om the insurers unde~
such policy specifying) the amount of the total insurance detailed in
Section 14 (B) (2); nmi
The requi~mants set forth herein are otherwise satisfied. Any
insurance policies herein required to be procured by Tenant shall
contain an express waiver of any tight of sulxogafion by the
insurance company against the Landlord.
Notwithstanding any other provisions of thi,s Lease to the contrary Tcoant
hereby waives any tight it may have against Landlord on account of any
loss or dnmase occasioned to Tenant, its property, the Premises or its
contents arising ~om any risk generally covered by fire and extended
coverage insurnnce together with insurance against ~mltlar damage,
vsu~n!~*m nmi malicious mischief, whether or not such a policy shall be in
force. Notwlthstnndln~ any other provisions of this Lessu to the conlrury,
Landlord hereby waives any rights it may have ~,gainst Te~mt on account
ofsuy loss or damage occasioned to Landlord, its property or to the farm
arising form any tisk generally covered by lira and extended covarnge
insurance togethar with insurance against ~Fl~ukler leakage or other
sprinkler damage, vandalism and malicious mischief, whether or not such a
policy shall be in force. The parties hareto also each, on bel~lfofthelr
respective insurance companies insuring tho property of either Landlord or
Tenant against any such loss, waive any tight of subrogation that such
insurance company(ies) may have against Landlord, said bther partie~,
tennnts or occupants, ur Tenant, as the case may be. If either Landlord or
Tenant shall be unnble, after using best efforts, to obtain ami/ur mn~r~,ain
the waiver of subrogation set forth in the immediately preced~ sentence
t~om its insurance carriex(s) (or from any other insurance cerriar(s) without
substamial increased cost) and ,hal! so notify the other party of such
inability within thirty (30) days thereal~er, then the above mutual waiver of
subrogation shall no longer be effective until again obtainable by both
parties.
~4. TRADE I~.QUIPMENT
A. Landlord end Tenant agree that Tenant, at Tenent's sole cost and expense,
may remove those ce~ain equipment cerrenfly located in Landlord's prolm-ty at
300 Block Georgetown Road, Gardners, PA, at Teaent's sole risk. Tenant
hold Landlord (including its officers, employees, and agents) haimlass from end
against eny costs, damages, losses, expenses, causes of action, clnitm or judgmmts
resulting from injury to, or death of, any person or dnnmSe to property of any
kind, which injury, death or property damage arises out of, relocation of, and
reieataHation of said equipmmt to another site. Landlord shah have n~ liability
whatsoever.
B. All trade equipment installed by Tenant in the Premises, other tlum
improvements made by Tenant to the Premises, shall renmin the prope~y of
Tenant and shah be removable from time to time nnd also at the expiration ofthe
term of this Lease or other termination thereof, provided Tenant shall not at such
time be in default under eny covennnt or agreement contained in this Lease;
otherwise such property shall be removable and Landlord ~1~1! have a lien of said f
fixtures to secure itself against loss and damage fesuliing from said default or
defaults by Tenant.
15. I~SPE~"rlON OF PREMISES
Tenant covenents end agrees to permit Landlord, its agents, employees mid
contractors to enter the Premises end aH part thereof at all reasonable times in a
courteous and professional *runner to inspect the Premises and to enforce and
carry out eny provision of the Lense. In the event of a non-emergency se~ice ~
Lsndlord shall attempt to notify T*mnnt in advance of such service-related visits.
At all times, care shah be taken to protect Tennm/s livestock.
16. TERMINATION O]F LEASE
A. The parties hereto covenant and agree that this Lease nmi the tenancy
hereby created shall cease and terminnte at the end of the origlnnl term hereof
without the necessity ofnny notice from either Landlord or Tenant to tr~..,~mte the
same, nnd Tenent hereby waives notice to remove. If Truant sbell occupy the
premises aRer such expiretinn or termlention, it is understood that Tenant shall
hold the Premises as a tenunt ~m mouth-to-month, subject to all the other terms
nnd conditions of this Lease, at en amount equal to double the highest monthly
rental iustallment reserved in this Lease. Landlord ~hnll~ upoll SUch expiration or
termination of this Lease, be entitled to the benefit of aH public, general or local
hws rehting to the speedy recovery ofpussessiun of lands nmi tmements held
over by Tenants that may be now in force or may herenfler be enacted.
B. Tenant covenants and agrees that for the period of six (6) months prior to
the expiration of the 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 pm~s th~eofto .l~ospective
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 shall not be open for business.
17. plllE OR OTHER CASUALTY
Iftbe Premises shall be damaged by fire, the elements, unaveldablc accident or
other casualty, but are not thereby reurlcrod untenantsbla in whole or in part,
Tenant shah promptly at its own expense cause such damage to be repaired, and
the rent shall not be abated; if by reason or such occurrencc, the Premises shah be
rendered untenantable only in part, Tenant shah promptly at its own expense cause
the damage to be repaired, and the minim~un rent meanwhile shah be abated
proportionately to the portion of the Premises rendered untenen~tabla; if by reason
of such occurrence the Premises shah be wholly untenantable. Tenant shah
promptly at its own expense cause such damage to be repaited, and the minimum
annual rent meanwhile shall be abated in whole.
1 8. EMINENT DOI~
If the whole or any part of the F~=m~ses shall be takan under tile power of eminant
dental% the~ ~ Lease shall te;~.~i~mte as to thc part so taken on the day whe~
Tenant is required to yield possession thereof; and Landlord shall mnt~e such
repairs and alternntions ns may be necessary in order to restore the paxi not taken
to useful condition; pe~lin~ the restoration by Landlord ofthe portion of the P
Premises so tnken, 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 hnpair the usefulness of said Premises for the
proposes for which the same ere hereby leased, then either patty shall have the
option to terminnte this Lease as of the date whan Tenant is required to yield
possession. The compensation awarded for such fnlrin~ both as tO I_41ndlord's
reversionary interest and Tenant's internst under this Lease, shall belong to and bo
the property oftbo Landlord; provided, however, that the Landlord shall not bo
entitled to an)' portion of the award made to Tenant for loss of Tanant's business
or for the cost of tin.oval ofits llve stock, feed and Tanant's trade equipment.
19. BANKRUPTCY OR INSOLVENCY
ff any sale of Tenant's interest in the Premises shall be made under execution, or
slmitnr legal process, or if T~'~nnt shall bo adjudicated a bankrupt or insolvent, and
such adjudication is not vacated within ten (10) days, or if a corporate
reorganization of Tenant or an atrangelneat with its creditors shall be a~lau~ed by
a court under the Federal Bankruptcy Act, or if Tenant shnll make an assignment
for the benefit of creditors, or in any other mnnner, Tenant's interest under this
Lease shall pass to another by operation of Inw, then nmi in any of said events,
Landlord may, at its option, seenter the Promises and declare this Lease nnd the
tenancy hereby created terminated.
20. DEFAULTS ANDREIVIEDIES
A. If the rent agreed to be paid, including all other sums of money which
under the provisions heranf nmy be considered as additional rent, shnll bo in arrears
in whole or in pert, Landlord nmy distrain therefore. If Tenant shah 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 writtan notice of
such violation by Landlord, Landlord may, at its option, re~ter the premises and
declare this Lease and the tenancy hereby created termln~ted; and I.~-Ilord shall
bo entitled to the benefit of nil provisions of law respecting the speedy recovery of
lands and tenements held over by tenants or proceedings in forcible enh'~ and
detained. Te~nt thither agrees, that notwithstanding such p~ltry, T~nnnt sh~ r
remain liable for any rant or damages which may be due or sustained pxior tbo~to,
and Tanant shall further bo liable, at the option of Landlord, for ,~m* of money as
liquidated damages for the breach of any covenant to bo calculated in one of the
following two methods which may be designated by Landlord in or after said
notice of termination:
Tenant shall pay to Landlord the difference between the rent reserved
under this Lease for thc balance of the term from the date of reentry; or
Tenant shall pay the amount of the rent reserved under this Lease al the
times herein stipulated for payment of rent for the balance of the term, lass
any amount received by Landlord during such period from others to whom
the Premises nmy be rented on such terms and conditions and at such r
rentals as Landlord, in its sole discretion, shall deem proper.
B. In the event Tenant Fa/la to pay Landlord any minimum or percentage
rental payment or any tax, operating cost, or other charge due hereunder within
ten (I 0) days from the date on which any such payment was due~ Landlord may at
its option charge Tenant a late charge equal to tm percent (10%) of the unpaid
amount in question, which late charge shall be collectible ns additional rent and
shall be payable by Tenant to Landlord within fifteen (15) days after writtm notice
flora Landlord incurs any costs with regnrd to the processlog of Tmant's r~tal or
additionul rental pnymmt, e.g., as a result of Tenant's givinll I.~lord a check that
is dishonored, then Landlord shall be entitled to collect from Tenant, as additional
rent, all such extra costs iucmred.
C. If either Landlord or Tenant shall default in the performance of any
covenant on the pail of either to be performed under this Lense, and if, in
con,section with the enforcement of the non-defaultin~ party's tights or remedies,
such non-defaulting party shall incur fees and expenses for serviced rendered
(including reasonable attorney's fees), then such ~ and expenses shall if said
non-defaulting party shah prevail in litigation, be immediately reimbursed by the
defaulting party on demands as additional rent.
Notwithstanding the foregoing, in the event Landlord shall ftle any legai action for
the collection of rent or any eviction proceeding for the non-payment of trot, and
Tennnt shall make payment of such sum due and payable prior to the tendering of
any judgment, then I-~ndlord shall entitled to collect and T~nnnt ~hnll be obligated
to pay nil court filing fees, service fees, related costs end the reasonable fees of
Landlord's attorney an any costs of re-lensin~ the Premises including but not
limited to real estate leasing commLq$lons. Said fees and costs shall be collectible
by Landlord as additional rent.
21. REIVIEDIES CI~ULATIVE
No mention of this Lease of any specific right or remedy shall preclude Landlord
from exercising eny other right or from having any other ~medy or from
maintaining any action to which it may othel'wise be entitled either at inw or in
equity; and the failure of Lendlord to insist in any one or more instances upon a
strict performance of any covenant of Tenant under this I.,ease or exercise any
option or right hurein contained shall not be construed as a waiver and
relinquishment for the future of such covenant, fight or option, but the same shall
remain in full force and effect unless the contrary is expressly waived in writing by
~ndlord.
22. PROPERTY LOSS OR DAMAGE
Landlord, its agents, contractors, servants or employees shall not be liable fur any
damage to property of T~'~nnt or of other~ located on the lhemises or entrusted to
its or their employees nor for the loss of any property by theft or othetwise~
Landlord, its agents, contractors, set'vents or employees shall not be liable for any
injury or damage to persons or propesty resulting from fire, explosion, falling
plaster, stean~ sas, electricity, v~d, water, rain or snow which nmy 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 willful or grossly
negligent act or omission of Landlord, be liable for any such damage caused by
other t~-*nts 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 I~ shall
be so kept at the risk of Tenant only and T~'at shall hold Landlord harmless fi'om
any ctnlnt~ arising out ofdnmage to the same, including aubrosatinn claims by
Tenant's insurance carrier.
10
23.
RECORDING
In the event Landlord elects to record this Lease or a Memorandum of this Lease,
Tenant a~sees to execute said Memorandum of Lense, if Landinrd so request.
24. SUCCESSORS AND ASSIGNS
Except as herein provided, this Lease and the covenants and conditions here'm
contained ~hsll inure to the benefit of and be bind~ upon Lsndl~rd, its successors
and assigns, and shall be binding upon Tenant, its successors and assigns, and shall
inure tot he beneftt of Temnt nad only such assignee of Tennnt to whom an
assignment by Tenant has been consented to in writing by Landlord. In the event
more titan one parties named herein ns 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 trained (or nny
subsequent essignes or transferee of Lendlord's interest under this Lease who S
gives such notice to Tenant) ,hall automatically be relieved and released from and
niter the date of such transfer or conveyance ~om ali liability hereunder except
with respect to liability to refund or return to Tennnt any security deposit
deposited by Tenant with Imxllord hereunder. Further, the liability of Landlord,
its successors and assigns, under this Lease shall at nil ~ be limited solely to
Landlord's interest in the land and improvements co tu~-',sing the farm end in the
event the owner of Landlord's interest in this Lense is at any time a partnership,
joint venture or unincorporated association, Tenant agrees that the members or
partners of such partnership, joint vmture or unincorporated association shell not
be personally or individually liable to respons~ole for the performance of any
Landlord's obligations hereunder.
25. WAIVER OF JURY TRIAL
The Tenant waives all right to a uinl by jury in any action, counterclaim, or
proceeding ~ upon, or related to, the subject matter of this Lease. This waiver
applies to aH claims against all pm'ties to such actions and proceedings, including
parties who are not parties to this Lease. This waiver is knowingly, intentionally,
and voluntarily made by the Tenant and the Tenant acknowledges that neither.the
Landlord, nor any person neting on behalf of the landlord, has made any
representations of fact to induce this waiver of trial by jury or in any way to modify
or nullify its effect. The Tenant further acknowledges that is hes been represented
(or has had the opportnoity to be represented) in the si?~g of thls Lense and in
the ~nkln~ of this wsiver by independent legal counsel, selected of its own flee
will, and that it has had the opportunity to discuss this waiver with counsel The
Tenant further acknowledges that it has read nmi tmde~stnnds the m~nnhl~ 8~d
ramifications of this waiver provision and as evidence of this fact signs its initials:
Initials of Tenant
26. ENTIRE AGREEMENT
The Lease contains the entire agreement between the parties het~o; and any
agreement hereafter or he~tofore made shah not operate to change, modify,
term~nste 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 the Premises except as are herein
expressly set forth.
11
27. NOTICES
All notices from Tenent to Landlord, inoluding the payment of rent and other
charges, required or permitted by any provision in this Lease ~u~ll bo ha~d
delivesed or sent by registered or certified mail, return receipt requested or by
overnight courier services to Landlord at:
Benny IL Stamer
374 Georgetown Road
Garnders, PA 17324
All notices from Landlord to Tenant so requited or permitted ,hnll be hand
delivered or sent by registered or certified mail, return receipt requested or by
oveenlght courier service to Tenant:
Summit Fanta
P.O. Box 9
Summit Station, PA 17979
Either l~uty may, at any time, or from time to time, designate in writing a
sub~itute address for that above set forth, and thereaRer all notices to such party
shall be sent in accordanco with the above.
28. ~OUS SUBSTANCES
Tenant covennntq and agrees that it will not use or allow the Premises to be used
for the stornge, use, treatment or dJsposnl of any "hnT-~rdous material" or
"l~a~nsxious substances", other th~n thO~ produets Cu~ol~rily I~ in f~ii~:ii~o
operations, as defined under any current or hereinafter enacted a~plicable federal,
state, or local law statute, oldinnnco or regulation or court or admlni.~rative order
or decree. Tenant sludl abide by the nutrient rmmagement plan for the premises.
3S. CAFflONS
The captions in the margins of this Lease are for convenience only and are not a
part of this Lease.
IN WITNESS WHEREOF, the patties hereto have executed this Lease under their.
respective seals the day and year first above written.
WITNESS/Al'rEST:
LANDLORD:
BENNY IL STARNER
WITNESS/ATFEST:
TENANT:
SUMMIT FARMS
12
RENT HISTORY
Month
1999 January (prorated)
February
March
April
May
June
July
August
September
October
November
December
2000 (12 x2,800)
Rent Due
$2,258
$2,800
$2,800
$2,800
$2,800
$2,800
$2,800
$2,800
$2,800
$2,800
$2,800
$2,800
$33,600
Rent Paid
0
0
0
0
0
0
$1,936
$1,936
$1,936
$1,936
$1,936
$1,936
(12 x 1,936) $23~32
2001
January
February
March
Apdl
May
June
July
August
September
TOTAL
$2,800
$2,800
$2,800
$2,800
$2,800
$2,800
$2,800
$2,800
$2,800
91,858
$1,936
$1,936
$1,936
$1,936
$1,936
$1,936
$1,936
$1,936
$1,936
52,272
TOTAL OWED:
TOTAL PAID:
UNPAID RENT:
$91,858
$52.272
$39,586
EXHIBIT "B"
MARl'SON DRARDORFF ~FILLIAM~ ~ OTTO
C,s, alJSl~, PmNSYLVANIA 17013
Tet~q~oNE (7171 243-3341
FACSSM0.~ (7171 243-1850
INTERNET wv~r. mdwo.com
February 27, 2001
1o"" B, Fo~. 1II
Euwsm~ L. Sc~mu,~
'D~,,nr~. IC 13~m~omq,
IveY. O, .u III
G~ B. F.~'--~ j~co
Msmc A. Dm~uac. r~
'"~:~m Camm~ Cmt Tmi..~,~c~urr
VIA CERTIFIED MAIL
RETURN-RECEIPT REOUESTED
Mr. Henry Heflictg Jn
Summit Farms
P.O. Box 9
Summit Station, PA 17979
Lease Agreement with Benny Starner
Georgetown Road, Gardners,. PA 17324
Our File No. 10301.1
Dear Mr. Heflich:
This office has been retain~i by Benny R. Stamer concerning your Lease Agre0ment dated
January 6, 1999. Mr. Starner considers you to be in substantial default under the te, tns and
conditions of the written lease.
I am enclosing an itemization of the total rent du~ under the Lease through February 1, 2001,
with a corresponding Remization 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. 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 sum of $36,892.00 within five days of the date of this letter.
Mr. Staruer also incurred expenses in containing and rernediating the manure spiU 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 t~nns and conditions of your Lease. I am aware of no written
modifications, signed by both parties, which pmport to change, modify or alter the t~,l~s 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 "C"
Mr. Henry Heflich, Jr.
February 27, 2001
Page 2
Please give this letter your prompt attention.
Very truly yours,
MARTSON DEARDORFF WILLIAMS & OTTO
Edward L. Schorpp
ELS/tde
Enclosure
cc: James M. Bucci, Esquire
Mr. Benny R. Stamcr
INFORMATION · ADVICE · ADVOCACYTM
~VfARTSON DEARDORFF ~/ILLIAM. ~ OTTO
MDW O
IN~om~4/~o~ · ADvI~- ADVOCACY'
T~N EAs-r HmH STRUT
CARLISLE, PENNSYLVANIA 17013
TELEPHONE (717} 243-3341
~A~ ~ID 243-1850
September 10, 2001
VIA CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Mr: Henry Heflich, Jr.
Summit Farms
P.O. Box 9
Summit Station, PA 17979
Lease Agreement'with Benny Stamer
Georgetown Road, Gardaers, PA 17324
Our File No. 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. 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,
2001, with a corresponding itemiTation 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 10%
penalty for late payment. The penalty amount 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. Starner 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 of those expenses.
Very truly yours,
MARTSON DEARDORFF WILLIAMS & OTTO
ELS/tde
Enclosure
cc: James M. Bucci, Esquire
Mr. Benny R. Starner
INFORMATION
Edward L. Schorpp
EXHIBIT "D"
" ADVICE ' ADVOCACY'~'
m
(Endorsement Required)
(Endomement Required)
· Complete,items 1, 2, and 3. Also complete
item 4 if Re~flcted Delivery is deeired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this can:l to the back of the mailpiece,
or on the front if ~,,n-,'~ permits.
M~. ~enry Heflich, Jr.
Su~ait Farms
P.O. Box 9
$%~mit Station, PA 17979
3. Sevice Type
~"lr C~tified Mall
[] Registered
r~ Insured Mall
[] Express Mail
[] Retum Receipt
0 C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
r z7 7_.31o :3C, o
PS Form 3811, Ju~ ~ ,e. :
EXHIBIT "E"
Postage $
Certified Fee
Return Receipt Fee
JEnOomement Roquired)
Restricted Delive~ Fee
(Endorsement Required)
Total Postage & Fees
· Complete items 1, 2, and 3. Also complete
item 4 if Reetflcted Delivery is desired.
· Pitrit 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 apace permits.
C. Slgr,~m ,~ ~
.a~ent
D. Is dellve~ addmes dlffemfit from Item 1 ? r-lyes
If YES, ~ ~ ~ ~: ~ NO
[] ~ Mail
[] RMum Receipt for Merchendiee
[] C.O.D.
4'~zicted De~lve~/? (ExtYa Fee) [] Yes
PS Form 3811, July 1999 DamM~c RMum ~
EXHIBIT "F"
Farmer Boy Ag Syst ?
P.O. Box 435 · 410 East Lincoln Avenue
Myerstown, PA 17067
(717) 866-7565
SOLD TO:
BENNY STARNER
374 SEORGETOWN ROAD
GARDNERS PA 17324
ORDER NUMBER:
ORDER DATE:
SALESPERSON:
CUSTOMER NO:
S087626
05/29/01
JERRY OLSON
0280050
SHIP TO:
BENNY STARNER
374 SEORSETOWN ROAD
GARDNERS
PA 17324
CONFIRM TO: (717) 486-3881
[]USTOMER P.O. SHIP VIA F.O.B TERMS
INSTALLATION DUE UPON RECEIPT~ NET 30
I]RDERED ITEM NO. DESCRIPTION PRICE AMOUNT
iJ/M SHIPPED BACK ORD
2.00 * FEED BIN 24.46 TON W/LADDER 2~485.000 4,970.00
!~ACH
i[ACH
2.00 * INCOMING FEED LINE 3.5" 678.630 1,357.26
iEACH
4.00 * M300 FEED LINES WITH DROPS 1,090.000 4,360.00
EACH
FOR FEEDER DIVIDERS ONLY
[ACH
1.00 * REMOVAL & INSTALLATION LABOR 3,240.000
3,240.00
CUSTOMER CAN REMOVE OLD EQUIPMENT AND LABOR WILL
CAN BE BILLED AT TIME AND MATERIAL
EXHIBIT "G"
NET ORDER:
FREIGHT:
SALES TAX:
ORDER TOTAL:
20,622.26
.00
.00
20~622.26
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. §4904, relating to unswom
falsification to authorities.
Dated: October 22, 2001
Benny R. Stamer
BENNY R. STARNER,
Plaintiff
HENRY HEFLICH, JR., Individually,
and t/d/b/a SUMMIT FARMS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CLrMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6051 CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please reinstate the Complaint previously filed in the within matter, and transmit a copy
thereof to the Office of the Sheriff for service.
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: January 4, 2001
JAMES M. BUCCI, ESQUIRE
Attorney I.D.#27963
2665 Bemville Road
Reading, PA 19605
(610) 374-6210
Attorney for Defendant
BENNY R. STARNER,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
VS.
HENRY HEFLICH, JR., Individually,
and t/d/b/a SUMMIT FARMS,
Defendant
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2001-6051
: JURY TRIAL DEMANDED
PRAECIPE TO ENTER APPEARANCE
TO PROTHONOTARY:
Please enter my appearance for Henry Heflich, Jr., Individually, and t/d/b/a Summit Farms,
Defendant in the above captioned matter, and designate 2665 Bernville Road, Reading, PA
19605, as the location where process and papers may be served.
Respectfully submitted,
S M. B~C'~, ESQUIRE '
emville Road
g, PA 19605
Tel. (610) 374-6210
PA. Supreme Ct. Atty. I.D. No. 27963
BENNY R. STARNER,
Plaintiff
VS.
HENRY HEFLICH, JR., Individually
and t/d/b/a SUMMIT FARMS,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2001-6051
: JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, JAMES M. BUCCI ESQUIRE, attorney for Henry Heflich, Jr., Individually, and fib/Wa
Summit Farms, certify that on I /c~/ , 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, Esquire
Ten East High Street
Carlisle, PA 17013-3093
Attorney for Plaintiff
(
BY:
mey for Plaintiff
Bemville Road
Reading, Pennsylvania 19605
Tel. (610) 374-6210
Pa. Supreme Ct. Atty I.D. No. 27963
SHERIFF'S RETURN -
CASE NO: 2001-06051 P
COMMONWEALTH OF PENNSYLVANIA:
COI/NTY OF CUMBERLAND
STARNER BENNY R
VS
HEFLICH HENRY JR ET AL
OUT OF COUNTY
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.
deputized the sheriff of BERKS County,
serve the within COMPLAINT & NOTICE
He therefore
Pennsylvania,
to
On January 25th , 2002 , this office was in receipt of the
attached return from BERKS
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Berks County 40.32
.00
77.32
01/25/2002
MDW&O
So answg~-s: // ~--- ....
R.f Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this 3D~ day of d~
~2~ A.D.
/ / Prothonotary' '
In The Court of Common Pleas of Cumberland County, Pennsylvania
SERVE:
Benny R. Starner
VS.
Henry Heflich Jr. ind and t/d/b/a Set, mit Farms
01
sane No.
6051 civil
~X~OW, Jnauary 8, 2002
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Berks
County to execute thisWfit, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now~
within
upon
., 20__., at o'clock __
M. served the
by handing to
and made known to
copy of the original
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this __ day of
, 20__
COSTS
SERVICE
MILEAGE
AFFIDAVIT
SHERIFF OF BERKS COUNTY
633 Court Street, Reading, PA 19601
Phone:610-478-6240 Main Fax: 610-478-6222 SheriffFax:610-478-6072
Barry Jozwiak, Sheriff Eric J. Weaknecht, Chief Deputy
AFFIDAVIT OF SERVICE
DOCKET NO. 01-6051
COMMONWEALTH OF
PENNSYLVANIA:
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
10:15 AM, he served the annexed COMPLAINT IN CIVIL ACTION upon HENRY HEFLICH, JR., IND.
AND T/D/B/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
Sworn and subscribed before me
this of JANUARY 2002
Service made as set forth above.
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 Sheriffs 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 of June 20, 1911, P.L/1072
JAMES M. BUCCI, ESQUIRE
Attorney I.D.#27963
2665 Bemville Road
Reading, PA 19605
(610) 374-6210
Attomey for Plaintiff
BENNY R. STARNER,
Plaintiff
VS.
HENRY HEFLICH, JR., Individually
and tJdPo/a SUMMIT FARMS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, pENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001-6051
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
JAMES M. BUCCI, ESQUIRE
Attorney I.D.#27963
2665 Bemville Road
Reading, PA 19605
(610) 374-6210
Attorney for Defendant
BENNY R. STARNER,
Plaintiff
HENRY HEFLICH, JR., Individually
and t/d/b/a SUMMIT FARMS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001-6051
JURY TRIAL DEMANDED
DEFENDANT'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT
Paragraph 1.
Paragraph 2.
Paragraph 3.
Admitted.
Admitted.
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 tree 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 of further 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
Defendant took possession of the farm on March 1, 1999 and vacated the premises on December
8, 2001.
Paragraph 6. Denied. The Defendant denies that the Defendant was required to pay
Plaintiff the sum of $33,600.00 annual rem 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 Plaintiffagreed 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 tree 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 1, 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 Plaintiff's 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
on or about June, 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 Plaintiff's 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 Plaintiffhas
been paid by the Defendant to the Plaintiff.
Paragraph 1 I. 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 Plaintiffwas 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 unnecessary and unreasonable. The manure spill was very minor and did not pose
an environmental hazard.
Paragraph 15. Denied. It is denied that Plaintiff is entitled to make demand upon the
Defendant for the payment of the 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 the Defendant from the Plaintiff for the approximate sum of
$800.00, and therefore it was removed with the express approval and permission of the Plaintiff.
It is denied that the Defendant removed any other part of the feed system from the premises and
it is therefore denied that the Plaintiff is entitled to make demand upon the Defendant for
payment or replacement of the alleged feed system as set forth in Exhibit "G" to Plaintiff's
Complaint.
Paragraph 17. Denied as a conclusion of law. To the extent that a responsive answer is
required, Defendant denies that Plaintiff is 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 that Plaintiff's 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 1 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 the security deposit to the Defendant.
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.
665es~. Bucci, Esquire
Bemville Road
Reading, Pennsylvania 19605
(610) 374-6210
Pa. Supreme Ct. Atty. I.D. No. 27963
Attorney for Defendant
VERIFICATION
I, Henry Heflich, Jr., Individually, and t/d/b/a Summit Farms, Defendant, verify that the
attached Defendant's Answer and Counterclaim to Plaintiff's 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 flint 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 unswom falsification to authorities.
BENNY R. STARNER,
Plaintiff
VS.
HENRY HEFLICH, JR., Individually,
and t/b/Wa SUMMIT FARMS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001-6054
3URY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, James M. Bucci, Esquire, attorney for Defendant, Henry Heflich, Jr., Individually, and
t/d/b/a Summit Farms, certify that on February 7, 2002, a tree and correct copy of the foregoing
Defendant's Answer and Counterclaim to Plaintiff's Complaint was served upon the following
persons by first class mail, postage prepaid:
Edward L. Schorpp, Esquire
Ten East High Street
Carlisle, PA 17013-3093
Attorney for Plaintiff
Date:
By: '. i.--
J~ll~g'M. gUCCI, ESQUIRE
~tomey for Defendant
/E665 Bemville Road
' Reading, Pennsylvania 19605
Tel. (610) 374-6210
Pa. Supreme Ct. Arty I.D. No. 27963
BENNY R. STARNER,
Plaintiff
HENRY HEFLICH, JR., Individually,
and t/dPo/a SUMMIT FARMS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6051 CIVIL ACTION - LAW
REPLY TO DEFENDANT'S COUNTERCLAIM
AND NOW, comes the Plaintiff, Benny R. Starner, by and through his attorneys,
MARTSON DEARDORFF WILLIAMS & OTTO, who replies to the counterclaim of the Defendant
as follows:
18. Denied. The averments of Paragraphs 1 through 17, inclusive of Plaintiff's
Complaint are incorporated herein by reference.
19. Denied. The averments of this paragraph are conclusions of law 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 1 through 17, inclusive, of Plaintiff's
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 Plaintiff's 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.
Date:
MARTSON DEARDORFF WILLIAMS & OTTO
Edward L. Sch(JrpI~', Es-quire
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
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
information which I have given to my counsel, it is tree and correct to the best of my knowledge,
information 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 of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
Benny R. Starner
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby
certify that a copy of the foregoing Reply to Defendant's Counterclaim was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
James M. Bucci, Esquire
2665 Bemville Road
Reading, PA 19605
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated:
James M. Bucci, Esquire
Pa. I.D. No. 27963
2665 Bernville Road
Reading, PA 19605
(610) 374-6210
Attorney for Defendant
BENNY R. STARNER,
Plaintiff
VS.
HENRY HEFLICH, JR., Individually
and t/d/b/a SUMMIT FARMS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2001-6051
TO:
DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS
ADDRESSED TO PLAINTIFF
Benny R. Stamer
C/o Edward L. Schorpp, Esquire
Ten East High Street
Carlisle, PA 17013-3093
Pursuant to Pa. R.C.P. 4009, please furnish at our expense, at our office at James M.
Bucci, Esquire, 2665 Bemville 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:
1. 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 Plaintiff's Complaint.
2. Any photographs, reports or tests in support of the allegations contained in
Paragraph 13 of Plaintiff's 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 of time and charges to support claim for attorney's fees contained in
Paragraph 17 of Plaintiff's Complaint.
5. Any and ail other documents, photographs or other evidence that the Plaintiff
intends to introduce as evidence at trial in this matter.
Date: / ~/~ o~
mitt~ed,
rM.~ucci, Esquire
ey I.D. #27963
ernville Road
Reading, PA 19605
Phone (610) 374-6210
Fax (610) 685-0808
Attorney for, Henry Heflich, Jr.
James M. Bucci, Esquire
Pa. I.D. No. 27963
2665 Bemville Road
Reading, PA 19605
(610) 374-6210
Attorney for Defendant
BENNY R. STARNER,
Plaintiff
VS.
HENRY HEFLICH, JR., Individually
and t/dgo/a SUMMIT FARMS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2001-6051
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 L. Schorpp, Esquire
Ten East High Street
Carlisle, PA 17013-3093
Date:
F:kFILESkDATAFILE\Gendoc.cur\ 10301 -mot 1/t de
Created: 04/04/01 04:56:45 PM
Revised: 06/21/02 07:35:21 AM
BENNY R. STARNER,
Plaintiff
HENRY HEFLICH, JR., Individually,
and t/d/b/a SUMMIT FARMS,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6051 CB 'IL ACTION - LAW
MOTION FOR ENTRY OF JUDGMENT
AND NOW, comes the Plaintiff, Benny R. Starner, by and through
DEARDORFF WILLIAMS & OTTO, and moves this Honorable Court fi
the following:
1. The parties hereto have stipulated to entry of judgment
against Defendant in the amount of $26,000.00, all as is set forth in the S
and marked as Exhibit "A."
2. Pa. R.C.P. 1037(c) authorizes the Court, upon motior
appropriate judgment upon admission of a party.
3. Defendant has admitted that judgment should be entered a
tYclPo/a Summit Farms in the mount of $26,000.00.
WHEREFORE, Plaintiff moves Your Honorable Court to enter
MARTSON DEARDORF
Edward L. ~ch~rp~, Es(
Ten East High Street
Carlisle, PA 17013-309
(717) 243-3341
Attorneys for Plaintiff
Date: June 21, 2002
tis attorneys, MARTSON
~r entry of judgment upon
in favor of Plaintiff and
fipulation attached hereto
of a party, to enter an
ainst him individually and
udgment accordingly.
WILLIAMS & OTTO
BENNY R. STARNER,
Plaintiff
v. : NO. 2001-6051
:
:
:
:
HENRY HEFLICH, JR., Individually,
and t/d/b/a SUMMIT FARMS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
c~rlL ACTION - LAW
STIPULATION AND AGREEMENT FOR ENTRY OF
JUDGMENT
this attorneys, MARTSON
r., Individually, and Henry
~cci, Esquire, who stipulate
p~or notice. ,
B~r,,~ / _/_~'~r'~o-- -
Jan~s ~Vi~. B~ucci, Esquire
26t65 Bemville Road
R/6ading, PA 19605
(610) 374-6210
Attomey for Defendant
Date:
Edward L. Schorpp, Es
Martson Deardorff Wil
Ten East High Street
Carlisle, PA 17013-30~
(717) 243-3341
Attorney for Plaintiff
Date:
~lUlre
[iams & Otto
EXHIBIT "A"
AND NOW, comes the Plaintiff, Benny R. Stamer, by and througl
DEARDORFF WILLIAMS & OTTO, and Defendant, Henry Heflich, J
Heflich, Jr. t/d/b/a Summit Faxms, by and through his attorney, James Bt
and agree as follows:
1. Pa. R.C.P. 1037 (c) provides that in all cases, the Court. on motion of a party, may
enter an appropriate judgment against a party upon admission.
2. Defendant agrees and admits that judgment should be ent, :red against him in favor of
the Plaintiff in the amount of $26,000.00.
parties agree that the Court, upon motion of the Pl~ntiff, may enter judgment
3.
The
pursuant to this Stipulation without issuance of a Rule to Show Came, and without further
CERTIFICATE OF SERVICE
I, Tricia D. Eckearoad, an authorized agent for Martson Deardorf~Williams & Otto, hereby
certify that a copy of the foregoing Motion was served this date by depositing same in the Post Office
at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
James M. Bucci, Esquire
2665 Bemville Road
Reading, PA 19605
MARTSON DEARDORFI
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: June 21, 2002
WILLIAMS & OTTO
BENNY R. STARNER,
Plaintiff
HENRY HEFLICH, JR., Individually,
and t/d/b/a SUMMIT FARMS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6051 CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this'~_l~lay 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., hadividually, and t/d/b/a Summit Farms in the mount of
$26,000.00. The Prothonotary is directed to enter and index th~c~.
BY E CO
for Plaintiff.'
Edward L. Schorpp, Esquire
Ten East High Street
Carlisle, PA 17013
for Defendant:
James M. Bucci, Esquire
2665 Bemville Road
Reading, PA 19605
%
BENNY R. STARNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6051 CIVIL ACTION - LAW
HENRY HEFLICH, JR., Individually,
and t/d/b/a SUMMIT FARMS,
Defendants
MOTION FOR ENTRY OF JUDGMENT
AND NOW, comes the Plaintiff, Benny R. Stamer, by and through his attorneys, MART SON
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/d/b/a Summit Farms in the amount of $26,000.00.
WHEREFORE, Plaintiff moves Your Honorable Court to enter judgment accordingly.
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: June 21, 2002
BENNY Ri STARNER,
Plaintiff
V.
HENRY HEFLICH, JR., Individually,
and ffd/b/a SUMMIT FARMS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6051 CIVIL ACTION - LAW
STIPULATION_AND AGREEMENT FOR ENTRY OF JUDGMEN~
AND NOW, comes the Plaintiff, Benny R. Stamer, by and through his attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and Defendant, Hemy Heflieh, Jr., Individually, and Henry
Heflich, Jr. t/d/b/a Summit Farms, by and through his attorney, James Bucci, Esquire, who stipulate
and agree as follows:
1. Pa. R.C.P. 1037 (c) provides that in all cases, the Court, on motion of a 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
p~or notice.
B~/ /
Jan~s ~fS. B~cci, Esq~e
26~5 B~ville Road
~ading, PA 19605
(610) 374-6210
Edward L. Schorpp, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013-3093
(717) 243o3341
Attorney for Defendant
Date: [/~//~a ~
Attorney for Plaintiff
Date:
EXHIBIT "A"
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby
certify that a copy o fthe foregoing Motion was served this date by depositing same in the Post Office
at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
James M. Bucci, Esquire
2665 Bernville Road
Reading, PA 19605
MARTSON DEARDORFF WILLIAMS & OTTO
enroad ~/~////~
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: June 21, 2002
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby
certify that a copy of the foregoing Motion was served this date by depositing same in the Post Office
at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
James M. Bucci, Esquire
2665 Bemville Road
Reading, PA 19605
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: June 21, 2002
BENNY R. STARNER,
Plaintiff
Vo
HENRY HEFLICH, JR., Individually,
and t/d/b/a SUMMIT FARMS,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6051 CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please enter satisfaction of the within judgment in full.
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attomeys for Plaintiff
Date: September 20, 2002
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
James M. Bucci, Esquire
2665 Bemville Road
Reading, PA 19605
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: September 20, 2002