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Home My WebLink About04-3641 F. GLENN PEEPER and SHIRLEY B. : IN THE COURT OF COMMON PLEAS OF PEEPER, Husband and Wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW v. NO. 2004 - 3 ~ 41 CIVIL TERM JAMES E. JONES and LINDA C. JONES, Husband and Wife, Defendants :JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and by 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 5ET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717)249-3166 (800)990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. F. GLENN PEFFER and SHIRLEY B. PEFFER, Husband and Wife, Plaintiffs v. JAMES E. JONES and LINDA C. JONES, Husband and Wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2004 - 3 L X11 CIVIL TERM JURY TRIAL DEMANDED rr''__ COMPLAINT AND NOW, this _~rY`day of July, 2004, comes the Plaintiffs, F. GLENN PEFFER and SHIRLEY B. PEFFER, Husband and Wife, by and through their attorneys, Irwin & McKnight, and make the following Complaint against the Defendants, JAMES E. JONES and LINDA C. JONES, averring as follows: 1. Plaintiffs, F. Glenn Peffer and Shirley B. Peffer, are adult individuals residing at 194 East 01d York Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Plaintiffs aze the owners of a commercial farm located at 351 Heisers Lane, Carlisle, Cumberland County, Pennsylvania (hereinafter the "Farm"). 3. Defendants, James E. Jones and Linda C. Jones, are adult individuals residing at 430 Petersburg Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. In 1986, Plaintiffs orally leased the Farm on Heisers Lane in Cazlisle to Defendant James E. Jones for use as a commercial farming operation. 5. On or about August 4, 1988, Plaintiffs and Defendant James E. Jones memorialized their arrangement by signing a lease agreement for use of the Farm as a commercial farm and cattle feeding operation, including the use of the barn, silos and out building. A true and correct copy of the lease agreement is attached hereto and incorporated herein as Exhibit "A." 6. The lease agreement attached hereto as Exhibit "A" (hereinafter the "Lease"), provided for an initial term of one (1) yeaz and a yeazly rental amount of Ten Thousand Four Hundred and no/100 ($10,400.00) Dollars, with payment to be made between January 1, 1989 and February 15, 1989. 7. Under the terms of the Lease, it would renew automatically from one year to the next. 8. Also according to its terms, on the expiration of the Lease, "the property is to be given up in as good order in all respects as it now is, reasonable wear and tear and damage from fire excepted." 9. Subsequent to the signing of the Lease, Plaintiffs also constructed a machine shed on the Farm specifically for Defendants' use at the additional rental amount of $1,500.00 per year. 10. In the fall of 2002, Defendants gave notice to Plaintiffs that they would stop renting the Farm in January 2003. 11. Until January 2003, Defendants had exclusive possession and use of the fields, fences, barn, silos, out building, machine shed, and equipment contained therein at the Farm for use in their commercial farming operations. 12. At all times relevant hereto, Defendants were responsible for the maintenance, upkeep, and repair of the leased buildings and equipment. 13. At or prior to the time when Defendants vacated the premises, Defendants damaged the buildings and equipment and otherwise breached the Lease by failing to surrender the Farm in substantially the same condition in which it was leased, reasonable wear and tear excepted. 14. The damages to the buildings and equipment caused by the Defendants in excess of reasonable wear and tear include but are not limited to the following: a. Several of the silos were missing their distributors; b. One silo roof was split apart by reason of the unloader being pulled up too high; a One silo unloader was damaged and required repair; d. Silo blower on the large silo was extensively damaged and required repair; e. One silo was not cleaned prior to the end of the Lease term; 2 f. Feeder equipment was significantly damaged with minimal repairs made during the Lease term; g. Doors on silo which keep in silage were missing; h. Automatic all-weather water fountain damaged from unrestrained cattle; and i. Numerous gates and portions of fencing were broken. 15. Upon information and belief, much of the damage to the leased premises and equipment was due to the failure of Defendants to perform routine maintenance and repairs. 16. In addition, Defendants failed to spray or otherwise remove trees, weeds and honeysuckle plants along the fences on the Fazm, which had to be removed by Plaintiffs and spraying performed. 17. Plaintiffs personally performed as many of the necessary repairs as he was able to complete, which required extensive time, labor, energy and effort on their behalf. 18. As a result of the extensive damage, the cattle feeders and other equipment and buildings could not be used until repairs were completed in the summer of 2003. 19. In a further effort to mitigate damages, Plaintiffs used or authorized the use of replacement or used parts, rather than new parts, wherever possible. 20. The fair and reasonable costs of repairing the damage and neglect to the Fazm caused by Defendants are at least $12,171.58. True and correct copies of invoices and bills paid by Plaintiffs are attached hereto and incorporated herein as Exhibit "B." 21. Despite repeated requests by Plaintiffs, Defendants have refused and failed to reimburse Plaintiffs for costs of repairing the damage and neglect to the fields, fences, barn, silos, out building, machine shed, and equipment contained at the Farm. 22. Defendants breached the Lease by failing or refusing to return the Farm in substantially the same condition, reasonable wear and tear excegted. 23. As a result of Defendants' breach of the Lease, Plaintiffs have incurred out-of- pocket expenses of at least $12,171.58, as well as lost time, labor, energy and effort expended in returning the Farm to a functional condition. 3 24. Plaintiffs are entitled to certain damages, including bu[ not limited to, receiving the full amount of the cost of repairs and attorneys fees and costs associated with this litigation. 25. Plaintiffs also conferred benefits on Defendants by allowing them the continued use of the fields, fences, barn, silos, out building, machine shed, and equipment contained at the Farm. 26. Defendants have received and acknowledged receipt of the benefits of continued use of the Farm, and profited thereby through the operation of their commercial farming business. 27. It is and continues to be inequitable for Defendants to retain the profits from their commercial farming business obtained through the use of the Farm while refusing to reimburse Plaintiffs for the damage to the leased premises and equipment caused largely by the failure of Defendants to perform routine maintenance and repairs. WHEREFORE, the Plaintiffs, F. Glenn Peffer and Shirley B. Peffer, respectfully request that this Honorable Court enter judgment against Defendants in an amount less than the arbitration limit of Twenty-Five Thousand ($25,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fair and just. Respectfully Submitted, IRWIN & McI{NIGHT By: ~. Dougla .Miller, squ Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717)249-2353 Dated: July , 2004 Attorney for Plaintiffs 4 VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 49Q4, relating to unsworn falsification to authorities. ~~V F. GLEN PEFFER 5HIRLEY~~EFFER Date: July 2b, 2004 EXHIBIT °`A" I~ L4aE~ ~a On GIAO PAMCO FORM 39 ~h~~ .ease, Mado this.....-----4 th ......................day of..........._nugPS4--................................_......... A. D. 19...$$., bttuwen .......F:..G1enn and Shirley,_B:,-Peffer _,,,,,,,,,,,,,„ called lessor......, and .......................James E. Jones ...........-......,.................................., called lessee-...... ................................................ ibttnt56eUt, That sold lessor...... do ..................by these presents (ease and let unto the sold lessee......, cetYOtr# premLes, to url1;....~~"0_ac res.+/-~ steer _£eedinpx, operacion,-_narnt. ..,. silos and ouC buildin located on Heisers Lane .-Carl isle. Gumbexland ....... .......................................................~i.................._..............................t .................... County. ~o ~tnue and to ~1DId the premises aforesaid onto sold (eases...... from daYOf.°-°----April........ 19..$9_,forthetscoot.......one..Xear .............. than next enautng...,..,_ .................................yielding and paying for the same unto sold lessor....-... suo~ceenors and assigns, as rent flee sum of...Teq,Thousand__Four Hundred.-„ . Iloi Lars ($10,400) Payment to be, made between January I= 1989. and- _ . l ebruary I5~ _1989. Lease renews itself one-.gear to,next automaticall_y..., Et ~S ~Qreed that staoald fbi, rant at any time remdn unpaid (or /too days alter the tame shall be due and payable, said lessor....may, at..._......_.._.......opllon, then eonatdo the sold Ieeaae......na tenon{ at with and reenter upon and raposaeaa said pmnlsa~. And should mid teesee......d any elms penntt said rent to 6e #n armors and unpotd for (iva dap a)tn the same shat! 6a duo and payable. then sold ksaea......aggree......!!wt the entire rent for the teen (or which raid premises are leased, shall at oats become duo and payoble and may 6a rocooered Jorthwtll. by dtsirasa or otlaawfaa; and in all proceedtrya under this Tema (or recovery of rent to anean, whathar by d6trea or other action at law. add kaaa_..../ar ............................beta, successors, exacurora and admbt6baton, hereby wataa...... all exemption laws, ony law to the contrary notwtthatandtng; and (unbar, that should the propsny o/ add teaser...... 6s removed from said premises, said teaaoc .........................._.. hereby autbortzad, at any time within ninety days tharmfter, to enter upon the rams wherever found, and to seize and to sell sa mush Jhereo(m will (ullp sat4fy said lessor......, Jar all amore of rents than dw or fo 6e- come duo, a, above pprovtdad, and the coati tharton: and in the mb of said progpeny, sold laawr...... shalt boos the rrghh and prlnitages granted under fhb Casa, tncludtrp Jhat wdvtng the 6ane(ila of the exrmpiton taws, ao much ao ns tf no removal of sold laseae......propany bad bean made; and junkier that said prem4u {n whole or in part shat! not ba undarief or ranted without told lessor...... written ronsent thereto, tJn the axpka- tlon of thin lease, the property to to be given up to as good order to al( respects as 11 now b, reasonable wear and tear and damage from (ire excepted. ~n witness ~heretsf, the parties /save hereunto set the4 hands and seals. Signed seats d and delmer¢d to the presence of r ~~... ~~ _ ~ ~ (L.S.) .__.,l.Ct%Y1a.~~.~.:... c 4.;-.;:~~C4a'::..... (L.S. ) <• ~ ~OC a ~d~tlnb~e ~OnSldeCntlAn 1 hereby become security for the payment of the above rent as often ns the same shall became due. ~@litness my hand and seal the day and year above mentioned. Attest: (L.S.) Z lri. te«rzzrat,-eu f,. ~~ur~'d Gp: l;binx< EXHIBIT "B" .., ~. ~ r~ z43-4124 Fax at Mill (717) 2d3.9821 Office: (717) 486-5535 Sold To Address Deliver To Millwor•~• k~~ ~~ ~ /~~ um!?e ~- Coyle Lumber & Millwork 231 E. Old York Rd. • Carlisle, PA 17013 --, DESCRIPTION ~ i,-' ~ .. t :. }'r ; _,_ . t .. is . _, .. ~ i ., ' .. j' y ~' y `~.., Mailing Address P.O. Box 67 Mt. Holly Springs, PA 17065 www.coylelumber.com Date I ! v' ..t Order No. Driver PRICE AMOUNT -'~ \. t j i_i 'f j,. ,..., ".. Ali invoices are due on receipt. Accounts established by prior authorization are due under the terms of that agreement. PAYMENT: I GASH I CHECK I MCNISA I DISCOVER I AM. EXPRESS I CHARGE I OVERDUE ACCOUNTS ARE SUBJECT TO 2% PER MONTH 3ERVICE CHARGE. THIS IS EQUAL 70 A 24% ANNUAL PERCENTAGE RATE. 'ec'd AudN CapyWhib Customer Imrolce•Yellow By Office Cepy-Pink Cwlomer Delivery Copy-Gold ,-~'^~ ~ - `, -- COFt RATt f1r FiCc ~AYc RSTt3'f1N OFFlCL ~, ~ ~4`.p t -'H y5 ~I aef LrWtn Av -_ __ Q~'q: •2R4 9:'t' PhcnF - .' 8o^S•s,'rg / ~ „ i ALCFlES^ _ CIT7 STai_ SA~ESMIAiJ ~ PUR?h1k55 ~R,GEP- d i08 # Qg9H~ CNdP.GE S ~- r_aEUi .? . SALE 'N E ".R1 1 '~„ PAR 7 P -QTY I UM5ER OESCRI!'TYO nt ~ ] \ ( I"~ ~7` 7 _ - (' ~ __ ~~_~1 4_J ~ e~ -- --- - N +~ ~.~~ \2 io~ . ~~: tt33 ~ 1~ ~1 ~ _~ ~' ~RECEfVEU BY 1 TOTAL 1 9 ~l Z,S~ 1 °1 WHP.~ T~ ~- ~~~e NEWS ~ALK 580 C/~~~, /~ %~~ KEN GAINES Vice President and General Manager ~~ - z~- Z2X ~G ~~r;, ~7S ov . Broadcast Center 3300 North Sixth Street • P.O. Box 1507 Harrisburg, PA 17705 • (717) 238.2100 HARTMAN BELTING 1046 Tallow Hill Road CHAMBERSBURG,PA17201 Phone (717) 263-0573 ~~ NAME ~ > ~Y rJ/ J~ G~ DAiE! ADORE53~ ~~t..r( / P A~, ~ ~~,~~C~ 6I t~ PHONE SOLO BV CASH C.O D. -CRAflGE ON ACCT MDSE HETD. `[~C~l n J _~] /r>1'~ /~.ol / ~ lf~ L /.S ~/ Flo i _ ~; 7AX ' DECEIVED BY TOTAL %~ C~`J %~ 2 ~ Q q Ti-IAiVK YOU All cisims~anFd returned gootls MUST be acccmnWmed by ibix bill. HARTMAN BELTING 1046 Tallow Hill Road CHAMBERSBURG, PA 17201 Phone (717) 263-0573 NFlME i ~ J DAiE ~ ~~~_S ADD 55 PHONE 2 n O C THANK YOU all .aims entl roturnea goatls MUST be accompenlau W this bill. PECENED 6Y _ TOTAL i ~~~ .~' r _~,„ '=~w.~~~ a3 t rx,, (cv~ . ,... ~, ~ ,n STATEN N DATE !`` , 6 `/ _ .~ .~ 70 ~eYl .. _.. _._ _._..__.. TERMS IN ACCOUNT WITH ~ / ~/7a_ i l _~ ! '~ _ ~I _. ~. ~, -~-._ _...:, l,_. .a ~C~ ~'-.. enema 258+2 - :.a. ~ ~~ ~ ;. ~~ z, 0 0 0 0 ~° w n ~ M x 1 ~ N ~ ~ V ~~ Cn ~• V N ~ O A ~ m D ~ ,-^ c cn w j 70 vwv ° n ~ N OD O a V w A ~' ~-n S• n ~0 ti W ~~ rn m C ~... m Z ^Z ~~ T ~ ~ E4 4i9F ~ k; tia. ~k, ~ :~ ,~ ~~ a P ~ :.. P~ ~. 4 ] Y ~ O 0 ~~ 0 M x'V-`~N ~ V ti~ Cn ~' V ~ ~ Q ~~y c- cn ~W V~ ~ V OoOQ A' W s~ O m ~j rn C rn z -~ s z y ~ Z ~ ~ c;uS(OMERRELATIONS: 1~S77-Lumber4Ultop-free) ou17ALLMADG~ _ _~_ __ (586-2374) _.___ KENT, OH 44240 i L J ~ CARTE '~' ~` ~ i AOCOUNi NU. Salo lu ~j°~ ~O INVOICE NQ. ESTIMATE NO. - INVOICE PATE ORDER pfTf CUBTOMEq ORDER RO./OROEgEp RY PMt.IYPE 90Lp BY OPTE PROM. P/.pf .. ~'..~ 2l .... _ QUANTITY E~~ pEBGRIPiION ITEM NO.. liNli$ PRICE/UNIT 1 AMOONT • {~.: L.. ... _... ._. .. _ .. _.. .. . NON-iA%ABLE TNABLE L __ DO NOT LOAD FROM THIS TICKET v t ~~ The Lumber Yard of Carlisle 450 East North Street Carlisle PA 17013-2691 Phone 717-243-4140 Fax 717-243-6417 Website at www.TheLumberYard.com Sold-to address 1UC5462 °„11KE ESH 1803 MOUNTAIN ROAD NEWBURG PA 17240-9119 717-423-5688 ~ Cas~.Sams Number/Date 2431673 / 10!24/2003 BV PO/Reference no./Date Pefter Delivery date Day 10124!2003 Sales Person WILSODH We deliver according to the following conditions: Terms of payment Payable immediately without. deduction Weight (grosslnetl -Volume A minimum service charge of 825 will be assessed for all returned checks. Item Material Qty Unit Price/Unit Description 000010 108682 2x8x24KDHEMFIR Total amount (not including Sales Tax) Tax 6.000 Total amount (including Sales Tax) Down payment Total due Thank you for your business The Lumber Yard of Carlisle An ISO 9007 Certified Company w ww. TheLumbe rYard. com Our line item oricina contains anv UPS freioht charges. if aoolicable. 6 PCS 23.68 142.08 Page 1 of 1 Value 142.08 142.08 8.52 150.60 0.00 150.60 SR Electric Motor Service 480 Zion Road Carlisle, PA 17013 PH 717-48b-8293 FX 717-486-8b30 ~ Bil.~ ro ------------ ' G EL NN PEFFER ~ 194 E OLD YORK RD ~i CARLISLE PA 17013 invoice DATE INVOICE # r------1--- i ~ 5/28/2003 , 1668 !~ P.O. NUMBER TERMS DUE DATE VIA ` PROJECT --- ---- - ~--- -- --- --- ~ - -5/28%1003 I QUANTITY '1 !l !1 i3 LS ITEM CODE 36206 36307 S8008 SR2162 LI DESCRIPTION ~ BALL BEARING BALL BEARRVG ~ BALDOR SWITCH I START CAPACITOR 216 MF 250 V SHOP LABOR PA SALES TAX PRICE EACH b.8' 9.9! 12.41 7.7i 20.01 6,00°~ AMOUNT 6.83 9.95 i 12.4t ~~ 23.21 30.0( 0.01 ~, /~~ '. V~"- ~~- ~ i xr {(U5~ i I I t~ ~' i __ A service charge of 1 S% per month (l8° o annually) wit( be added to past due invoices. Total $82.61 ~~~b -, _;~ ~ , _ CUSTOMER'S ORDER NQ DEPARTMENT,. DATE NAME ~ c.^ ~ Y ADDRESS ~ ~ (~ ~i~f~ -° J"~~*;~~~f~V ~' y ~ , 41c1 }'0 7'.~' ~' ~ ,;; ., CITY, STATE. IP SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE RETp PAID GUT DUANTiTY ';^- D/~)ES(C"RI}P/TION f~~~j - -~ PRICE AMOUNT L ~ /~,~' ~~'k~ 3 ~ -.~L-L,/~fC' Arn-J ~7-r~,r. h'~'3'S `~i~ /r`~%' dry 4 ~ ~I,~,L!`~ ~?'/t.~ tt"&~~ t'i~7" (I~/YfL' ~~~1~° .~ ~! dd 6 ?5~ ,~!.~~~'j racy 7 a 9 - +- 70 ;z` 3~ - 13 ~~ 14 I ~ _~_-.~..-- ---. 15 17 7s MOTTERS SILO 7s - 402 KERRSVILLE ROAD 20 CARLISLE, PA 17013 RECENED BY KEEP THIS SLIP FOR REFERENCE - saas McMilten Bros., Inc. Clair E. McMiften - J. Clyde McMilten - Clee L McMillen Sollenherger Poured Concrete Siloa ' INVOICE # ' Cement Stave Slos , ~. _ - -_ _ _ T.M.R Mixers -Riasler Berg Barn Geanero ~ 4433 WeeverlineCarts SilageOiatributon I_ _..__-_.__ , P.BZ. Barn Equipment Richie Waterers DATE Riasler Teperboerd Feeder & Conveyors ' _ .~: Van Dale Silo Unloedcrs &Feedero i 6/1 412 003 J & D Equipment 6 Ventilation ~~ Badger Equipment & Motor RR 1 Box 134, Loysville, PA 17047 Phone 717-789-3961 BILL TO _____ __-- .- -, ;GLEN PEFFER ! TERMS ! ~~ Due Dnr E ~` !---- 1194 EAST OLD XORK RD. I ~- - ~' CARLISLE, PA 1 7Q13 ~ xet2o I ~ ~ ~rsi2oo3 I ------- SERVICED i ITEM i - -- - ----------------------- -------- QTY. ~ DESCRIPTION i -----------.--- RATE ~ AMOUNT ~ ---- ~--- --1 6/]3l2003 ~ V8338 - _ ~.- ---__-- ---------------- ------`_ 1 'Stainless Adapter Chute I ____- 1---- 23.95', 23.95 ~i ~ 154271 ~ i I ; l2' Grill ~ 49.80 ~i 94.80 ~ 154320 ! 1 j l2' Lead Auger I 245.33 ; 24533 i 154330 ~ ~ 1 ;12' Rear Auger ~ 218.89; 21g.89~ 153390 45 ! Single Knife & Hardware ! 0.92 ~ 41.40 ~ V40-17401 i 1 I Lower Transition i (89.63 ~ i ]89.63', V40-17414 I ) ~~ Felt Seal & Adhesive j 9.541 ~ 9-84 ~ 152141 ~ 2 ~ Auger Shaft Oil Seal, Double Lip i 'i 5.50 i ] 1.00 I 144784 2 ~ SpringPin ~ 1.95 ~ 3.90', FF Rodale i 1 i Female Flat Rodale ~ 48.00 ~ 48.00 '~ ~ 5/16 cable C... ~ 2 i 5/l6 Cable clamp ! 0.90 i 1.80 ~ ~ Blue Wire Bug ~ 2 ~I Large Blue W've Bug 0.75 i 1.50 ~~ 'i Used Equip. 1 1 Used Wt Brkt i 18.00 ~~ 1 g.00 Torch & We... ~ ;Torch & Welder Charge ~ 10.001 10.00 i I 576052 1 ;Chute Brk 2-pc w/Hdw ~I 7.34 ; 7.34 ~ ii Nuts & Bolts ~ 1 Nuts & Bolts, cotter pins, oil, Spray, Used ~i 18.75 ; 18.75 j Shop Labor .,. 1 l0 ~ Shop Labor Service ~~~ 32.00 i 320.00 '~ 6/14/2003 j Trip & Labor I ~ 15.5 1 Trip & Labor [o install unloader & work w! winch & take to i 32.00 i 446.00', j f Drill ~ top i ~ Drill Rental to take unloader to top ~ j ~i I 1 ' 8.00 ~ ~, 5.001 i ~ it ~ ~ - ~ ~ ~ I - ~--- - - L ~ ~ I Labor includes time for knifing augers in shop. -- - - --__ r- -_--- Total - ~- -- Service Charge of 2% per month will be added after 15 days. This is 24% Annual Rate (2.00 per month --~ , minimum) _-~~ •' $1,773.13 Balance DU@ $],773.1311 j - --- --' i .--- ; fT: SOLLENBERGER SILOS CORP 2294 Molly Pitcher Hwy S Chambersburg, Pa. 17201 + ~ * I N V O T C E * * *************** Document Number: 056071 Document Date: 11/10/03 Page: 1 Sold F. GLENN PEFFER To: 194 East Old York Rd. Carlisle, PA 17013 Ship F. GLENN PEFFER To: 194 East Old York Rd. Carlisle, PA 17013 Cust I.D.....: PEFGLE Ship Via.: P.O. Number..: Ship Date: 11/10/03 P.O. Date....: 11/10/03 Due Date.: 12/10/03 Job/Order No.: Terms....: NET 30 DAYS Salesperson..: Item I.D.fDesc. Ordered Shipped --- -- - Unit Price Net TX - ------------------------- ------ WORK ORDER #64161 & #64459 - REPLACED ----- -------------- - -------- --------- --- STANDS ON FEEDERS. REPLACED PANS AS NEEDED, BEARINGS, HEAD SECTION, ETC. P0181W 48.00 48.00 EA 16.3900 786.72 E FEEDER STANDS ~5987P 48.00 48.00 EA 1.4900 71.52 E 3J8 X 3 HILTI LAG 0260A 1.00 1.00 EA 75.8600 75.86 E 4' WOOD TRAY 3CT0369S 1.00 1.00 EACH 70.0000 70.00 E SPKT, 50B60 X 1" BOR 3CJ5654P 18.00 18.00 EACH 0.3100 5.58 E 3/8 X 1 HHCS GR5 CL981401 18.00 18.00 EACH 0.2000 3.60 E 3/8"SER, FLANGE NUT Co ntinued . ... Subtotal: 1013.28 SOLLENBERGER SILOS CORP 2294 Molly Pitcher Hwy S Chambersburg, Pa. 17201 * * * I N V O I C E * x***********:r** Document Number: 056071 Document Date: 11/10/03 Page: 2 Sold F. GLENN PEFFER To: 194 East Old York Rd. Carlisle, PA 17013 Ship F. GLENN PEFFER To: 194 East Old York Rd. Carlisle, PA 17013 Cust I.D.....: PEFGLE Ship Via.: P.O. Number..: Ship Date: 11J10/03 P.O. Date....: 11(10/03 Due Date.: 12/10/03 Job/Order No.: Terms....: NET 30 DAYS Salesperson..: Item I.D.jDesc. Ordered Shipped Unit Price Net TX SSCJ145220 4.00 4.00 EACH 12.8900 51.56 E BEARING - 1" TMISC. 1.00 1.00 EACH 350.0000 350.00 E USED DRIVE END -COMPLETE CMISC. 1.00 1.00 EACH 75.0000 75.00 E USED SWITCH ASSY. '0278A 2,OG 10' WOOD TRAY - USED iscount on Above 2.C0 EA 159.44G0 318.88 E 159.44- ILEAGE - MINIMUM CHARGE 3 TRIPS 1BOR .BOR - CREDIT Just a Iriendly reminder to let you know... '.an transfer your balance to Visa or Mastercard. .LL 1-800-909-6909 or (717)264-9588 120.00 E 3264.00 E 680.00- E Subtotal: 4353.28 Tax.....: 0.00 Total...: 4353.28 JOSHUA JpNES Invoice JOSHUA JONES Date Invoice # 75 GOODYEAR RD CARLISLE PA 17013 3/zai2ooa 13z Bill To GLEN PEEPER 194 F.. OLD YORK RD CARLISLE PA 17013 P.O. No. Terms RENT EQUIPMENT Due on receipt Quantity Description Rate Amount 19.5 195 HRS. RENTAL USE OF DOZER / NO OPERATOR (RENT 45.00 877.SD EQUIPMENT) HAULING FEE. - 60.00 60.00 ~~ ~~ __.--- ~ ~-- ~ , ._~ Z 1{,CiF, ~~~ %~F'~ j __.. ~, Thank you foryour~iness. , / Total $93,.;0 L5%FINANCE CF{ARGE ADDED ON E3ALANCES OVER 30 DAYS. IS%ANNUAL RATE. ~~ ~. c w U ~ ~ _ ~~ V l~ ~`~ F. GLENN PEFFER and SHIRLEY B. PEFFER, Husband and Wife, Plaintiffs v. JAMES E. JONES and LINDA C. JONES, Husband and Wife Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2004-3641 CIVIL TERM NOTICE TO PLEAD TO: F. Glenn Peffer and Shirley B. Peffer c/o Roger B. Irwin, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed Preliminary Objections of Defendants to Plaintiffs' Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Date: August 9, 2004 i~----~. Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID # 81924 Attorney for Defendants F. GLENN PEFFER and SHIRLEY B. : IN THE COURT OF COMMON PLEAS OF PEFFER, Husband and Wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW v. JAMES E. JONES and LINDA C. : N0.2004-3641 CIVIL TERM JONES, Husband and Wife Defendants , PRELIMINARY OBJECTIONS OF DIEFENDANT5 TO PLAINTIFFS' COMPLAINT AND NOW, come James and Linda Jones, pro se and raise the following Preliminary Objections to Plaintiffs' Complaint pursuant to Rule 1028 of the Pennsylvania Rules of Civil Procedure in the nature of a demur: 1. Plaintiffs have filed a complaint which includes, under paragraph 24, a claim to entitlement to the full amount of all attorney's fees and costs associated with this litigation. 2. Said complaint claims to rely on a Lease which is attached to the complaint as Exhibit aA,> 3. Said Lease does not contain any provision for attorney's fees. 4. As stated in Mister Donut ofAmerica, Inc., v. Constance Plus II, Inc., "attorney's fees are not generally recoverable as part of the cost of a suit in the absence of express statutory allowance or an agreement of the parties." 11 Pa. D. & C. 4`h 434 1991. WHEREFORE, Defendants respectfully request that this Honorable Cour[ grant a demur and deny the Plaintiffs' request for attorney's fees as requested by the Plaintiffs' complaint. DEMUR 5. Previous paragraphs are incorporated by reference. 6. Plaintiffs' have instituted an action against James ]?. Jones and Linda C. Jones, husband and wife. 7. The attached Lease does not include the name of Linda C. Jones and no where does her signature appear on the Lease. 8. Paragraph 4 in Plaintiffs' Complaint states that an oral agreement was entered into in1986 between James C. Jones and Plaintiff. 9. Linda C. Jones was not named as a party to the Oral Lease any where in the complaint, nor is she a party to the written lease. WHEREFORE, Defendant Linda C. Jones, respectfully requests that this Honorable Court grant her demur to this civil action and dismiss th.e claims brought against her by the Plaintiffs. Date: August 9, 2004 Respectfully submitted, ROMINGER, BAYLEY & WHARE Karl E. Rommger, Esquire 155 South 13anover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants LCgSE. IRON .;:,, qa RRMCO DORM 39 "his lease Made this.-'°'---°4 th...-..----..-.._..-._daY oJ .............August.-.._...----"--° ..----- ..-..---, A. D. t9---~8•, between -.-----F: Glenn and Sh it lax B. Peffer ........ ............................................................... called lessor..-.... and -----------------------Somas E. Jones - ....................... called lessee....-, ~NlttItSSCtiI, TFwt said Ieaaor-..-.- do ..................by these presents lease and let unto the said bases...---, eoMaln prarntses, fo wit:.---140 acres +/--t steer feeding.o_pg_ra[ioq,-.barn-------------• ---- --------- ----------- - silos and out building, located on Hei ears Lane Carlisle Cumberland ...... ........................._L.-...-....-...-...>.....-.....-..--...--...--.-..- Gnimt V - - - -. n sue and tD ~i,old tfte premises aforesaid unto said lessee...--- Jrom the...--..-Est-------- -----.. -.----_............ 1).-.._-.. far the terrrt uf.'--..-one..Xear titan nrxt enaulnp...._-..-...-.--- ..-..._ ............._.-yielding and a ~t p 1 ng for the some unto sold lessor...---.-, --°~--~--------.--....ftetre, em-uesaora and assigns, ae rent the sum of...Ten-_fhoug_and Four- Hundred ---.--.. Dollars - '--"-- --..-.._------------------- (510.400) pavmo..r ... ~_ _. ....-...-..-_--._r_eu ruarY 15 ~t ~S .-.._------ - -..-... gee thnt dwuh! tht, rant of any Nma rematn unpotd Jor floe daga after the soma shall be due and payable, avid Ieaaor..-.may, at ................. ..option, then consider the aafd lesaca-..--.m tenant at wit(, and reenter upon and reposa¢sa said pnmtaes. -And should said lanea......at any ame permit anid rent to 6e in arraara and unpotd for five days afbr the yams shall 6e due and payable, then aafd Graaee...._agree......that dta entire rent for the term for which said premises are lamed, a(mll at ones become due a:nd payable and may 6e recovered forthwith 6y dtrtraea or olhawtse; and to nil procaedtngs under this lame for recovery of rent to arrears, whether by distress or other aettan at law, said lessee......for ...................... . . and admbttetratws. hereby waive..... all asempfton laws, any taw to the coot Fairs, succeaaoro, executoro /uHher, that should the Property of aafd lessee.-.... ''~' notwlthatandtng; and herohy authorized, at any Time within ntn9ty days theraafta~ to antert upon the same wherever Jmmd, and to aet:e and to eel! ao much thereo/ m will /ally sat4fy said lessor......, Jor nlI arteara o/ rents then due or to be- come duo, m shone pprovided, and the costa thereon; and in the sale of aafd propperly, a<ttd laewr...-.. shall /rave the rtAhla noel prtoilegw granted under this lama, ineluding that watutng the benefits of the exemption laws, eo much sv to it no removal of said lesaee......proparty Fad been made; and further that said premises En whole nr in part ehaQ not be underlet or rented without said (assoc..... wnttan courant thereto. On the a xptra- lion of thin lame, the property is to ba given up to m good order in oil respects m tt now h, removable and tear and damage from fire excepted. wear ~n witness ~'dhereef, tits pnrtles {tape hereunto set their panda and seals. Signed, aedl d aru( delivered to die presence o/ - r ~ n __ tom' T~ --.. for a ~latuabte Qonsideration I hereby hecome aecurit / y Jor the Payment of ilia strove rent as n/ton as the same shall become due. ~Qlltness my hand any near the day and year above mtlntianed. Attest: L/, bt ~_ - F. GLENN PEFFER and SHIRLEY B PEFFER, Husband and Wife, Plaintiffs v. JAMES E. JONES and LINDA C JONES, Husband and Wife Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIOAf -LAW NO. 2004-3641 CIVIL TERM CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendants do hereby certify that I this day served a copy of the Preliminary Objections of Defendants to Plaintiffs' Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Roger B. Irwin, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Dated: August 9, 2004 Respectfully submitted, ROMINGER, BAYLEY & WHARE _...~ _-______ i/' _-- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID # 81924 Attorney for Defendants ('] hJ n ~) ci ~:- n CI ~YT ~ ~ -r+rn I _JC l] r f, `) ' ~ -ri i , -) ~'± "a SHERIFF'S RETURN - REGULAR CASE N0: 2004-03641 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PEFFER F GLENN ET AL VS JONES JAMES E ET AL TREVOR KENT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JONES JAMES E DEFENDANT at 1440:00 HOURS, on the 30th day of July the 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COUNTHOUSE SQUARE CARLISLE, PA 17013 by handing to JAMES E JONES a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this ~/~ day of ~- ~07J y A . D . n ~;®.~, ,~.~ rothonotary So Answers: R. Thomas Kline 07/30/2004 MARCUS MCKNIGHT By : °~~L ~~. ~/ J Deputy Sheriff CASE N0: 2004-03641 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PEFFER F GLENN ET AL VS JONES JAMES E ET AL TREVOR KENT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JONES LINDA C the DEFENDANT at 1440:00 HOURS, on the 30th day of July 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 LINDA C JONES by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~`-' day of Qw .u.l- ~(JU`f A.D. Prothonotary So Answers: -~s~',,~/ f~ ~// / .~!-.. >.y.-e.P R. Thomas Kline ' 07/30/2004 MARCUS MCKNIGHT By . (~ ~~ Deputy Sheriff F. GLENN PEFFER and SHIRLEY B. : IN THE COUP;T OF COMMON PLEAS OF PEFFER, Husband and Wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTICiN -LAW v. NO. 2004 - 3641 CIVIL TERM JAMES E. JONES and LINDA C. . JONES, Husband and Wife, , Defendants :JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice aze served, by entering a written appeazance personally or by attorney and by 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 ma}' 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 Associaition 32 South Bedford Street Carlisle, Pennsylvania 17013 (717)249-3166 (800)990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. F. GLENN PEFFER and SHIRLEY B. : IN THE COUP:T OF COMMON PLEAS OF PEFFER, Husband and Wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW v. , NO. 2004 - 3fi41 CIVIL TERM JAMES E. JONES and LINDA C. JONES, Husband and Wife, . Defendants :JURY TRIAL DEMANDED AMENDED COMPLAINT' AND NOW, this day of August, 2004, comes the Plaintiffs, F. GLENN PEFFER and SHIRLEY B. PEFFER, Husband and Wife, by azid through their attorneys, Irwin & McKnight, and make the following Amended Complaint against the Defendants, JAMES E. JONES and LINDA C. JONES, averring as follows: 1. Plaintiffs, F. Glenn Peffer and Shirley B. Peffer., are adult individuals residing at 194 East Old York Road, Cazlisle, Cumberland County, Penns}~lvania 17013. 2. Plaintiffs aze the owners of a commercial farm located at 351 Heisers Lane, Carlisle, Cumberland County, Pennsylvania (hereinafter the "Farm"). 3. Defendants, James E. Jones and Linda C. Jones, aze adult individuals residing at 430 Petersburg Road, Cazlisle, Cumberland County, Pennsylvania 17013. COUNT I -BREACH OF LEASE PEFFER v. .TAMES E..TONES 4. The averments of pazagraphs one (1) through three (3) of this Amended Complaint are made a part hereof and incorporated herein by reference. 5. In 1986, Plaintiffs orally leased the Farm on Heisers Lane in Carlisle to Defendant James E. Jones for use as a commercial farming operation. 6. On or about August 4, 1988, Plaintiffs attd Defendant James E. Jones memorialized their arrangement by signing a lease agreement for use of the Farm as a commercial farm and cattle feeding operation, including the use of the bam, silos and out building. A true and correct copy of the lease agreement is attached hereto and incorporated herein as Exhibit "A." 7. The lease agreement attached hereto as Exhibit "A" (hereinafter the "Lease"), provided for an initial term of one (1) year and a yearly rental amount of Ten Thousand Four Hundred and no/100 ($10,400.00) Dollazs, with payment to lie made between January 1, 1989 and February 15, 1989. 8. Under the terms of the Lease, it would renew automatically from one yeaz to the next. 9. Also according to its terms, on the expiration of the Lease, "the property is to be given up in as good order in all respects as it now is, reasonable weaz and tear and damage from fire excepted." 10. Subsequent to the signing of the Lease, PlaintiflFs also constructed a machine shed on the Farm specifically for Defendants' use at the additional rental amount of $1,500.00 per year. 11. In the fall of 2002, Defendants gave notice to Plaintiffs that they would stop renting the Farm in January 2003. 12. Until January 2003, Defendants had exclusive possession and use of the fields, fences, barn, silos, out building, machine shed, and equipment contained therein at the Fazm for use in their commercial farming operations. 13. At all times relevant hereto, Defendants were responsible for the maintenance, upkeep, and repair of the leased buildings and equipment. 14. At or prior to the time when Defendants vacated the premises, Defendants damaged the buildings and equipment and otherwise breached the Lease by failing to surrender the Farm in substantially the same condition in which it was leased, reasonable wear and tear excepted. 15. The damages to the buildings and equipment caused by the Defendants in excess of reasonable wear and tear include but are not limited to the following: 2 a. Several of the silos were missing their distributors; b. One silo roof was split apart by reason of the unloader being pulled up too high; c. One silo unloader was damaged and required repair; d. Silo blower on the large silo was extensiively damaged and required repair; e. One silo was not cleaned prior to the end of the Lease term; £ Feeder equipment was significantly damaged with minimal repairs made during the Lease term; g. Doors on silo which keep in silage were missing; h. Automatic all-weather water fountain damaged from unrestrained cattle; and i. Numerous gates and portions of fencing were broken. 16. Upon information and belief, much of the damage to the leased premises and equipment was due to the failure of Defendants to perform routine maintenance and repairs. 17. In addition, Defendants failed to spray or otherwise remove trees, weeds and honeysuckle plants along the fences on the Farm, which half to be removed by Plaintiffs and spraying performed. 18. Plaintiffs personally performed as many of the necessary repairs as they were able to complete, which required extensive time, labor, energy and effort on their behalf. 19. As a result of the extensive damage, the cattle feeders and other equipment and buildings could not be used until repairs were completed in the summer of 2003. 20. In a further effort to mitigate damages, Plaintiffs used or authorized the use of replacement or used parts, rather than new parts, wherever possible. 21. The fair and reasonable costs of repairing the damage and neglect to the Farm caused by Defendants are at least $12,171.58. True and correct copies of invoices and bills paid by Plaintiffs are attached hereto and incorporated herein as Exhibit "B." 22. Despite repeated requests by Plaintiffs, Defendants have refused and failed to reimburse Plaintiffs for costs of repairing the damage and nE;glect to the fields, fences, barn, silos, out building, machine shed, and equipment contained at the Fazm. 23. Defendants breached the Lease by failing or refusing to return the Farm in substantially the same condition, reasonable weaz and tear exce~oted. 3 24. As a result of Defendant's breach of the Lease, Plaintiffs have incurred out-of- pocket expenses of at least $12,171.58, as well as lost time, labor, energy and effort expended in returning the Farm to a functional condition. 25. Plaintiffs aze entitled to certain damages, inclLlding but not limited to, receiving the full amount of the cost of repairs and costs associated with this litigation. WHEREFORE, the Plaintiffs, F. Glenn Peffer and Shirley B. Peffer, respectfully request that this Honorable Court enter judgment against Defendant :fames E. Jones in an amount less than the arbitration limit of Twenty-Five Thousand ($25,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fair and just. COUNT II - UN. UST ENRICHIIQENT PEFFER v..TAMES E..TONES and LINDA C..TONES 26. The averments of paragraphs one (1) through itwenty-five (25) of this Amended Complaint are made a part hereof and incorporated herein by reference. 27. After the signing of the Lease attached as Exhibit "A," Defendant James E. Jones married Defendant Linda C. Jones. 28. After their marriage, Defendants both actively participated in the operation of their commercial farming business on Plaintiffs' property and paid the rental amounts due to Plaintiffs. 29. Plaintiffs conferred benefits on Defendants by allowing them the continued use of the fields, fences, bam, silos, out building, machine shed, and equipment contained at the Farm. 30. Defendants have received and acknowledged receipt of the benefits of continued use of the Farm, and profited thereby through the operation of their commercial farming business. 31. It is and continues to be inequitable for Defendants to retain the profits from their commercial farming business obtained through the use of the Farm while refusing to reimburse 4 Plaintiffs for the damage to the leased premises and equipment caused lazgely by the failure of Defendants to perform routine maintenance and repairs. 32. As a result of Defendants' failure to maintain the Farm in the use of the property for their commercial fazming operation, Plaintiffs have incurred out-of-pocket expenses of at least $12,171.58, as well as lost time, labor, energy and effort expended in returning the Farm to a functional condition. WHEREFORE, the Plaintiffs, F. Glenn Peffer and Shirley B. Peffer, respectfully request that this Honorable Court enter judgment against both Defendants in an amount less than the arbitration limit of Twenty-Five Thousand ($25,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fair and just. Respectfully Submitted, Dated: August , 2004 IRWIN & McK:NIGHT By: Douglas .Miller, Esquire Supreme ourt ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Cazlisle, Pennsylvania 17013 (717) 249-.353 Attorney far Plaintiffs 5 EXHIBIT "A" LY~S E. In ON ~, yp ^r1MCU iOpM 39 ~~it5 ~P~Se Made thta...----'-.(Lth_........_`°......dav o/ .............Aug~{s t.--_....---..... .-. . .....--- ~--.. -... . A. D. t9---$:9. afwaen .._.._~_. G1enn and Siiirlev B. Peffer ....................... -,- .........................-- .............................., called lessor-~---~• and ....................... James E. Jones - ' ... ..................... called lessee......, ~Hitneueflt, That aatd lessor...... do ..................by these presents (ease and le! unto the said lessee,.._.•, aerlaln prarnlsea, to wit:-..-~40 acres.+/-i sCeer feeding .opera[ioq, barn, .._.. ......_...........stlos and ou[ hail.!;..,, r ___. II _.__ ............................ n ~aue and to }told the ~ - .. i i premtsea aforesaid unto said lessee...... frmn the........!.S.S. .............. ......_............, 19......... far the lenrt af...._ one..year.:.... !I then next ensuLi~_._..-......._...._._..... ~ ~•~-••~-...ytaldinV and puylrty for the snore unto sold lessor........, ..leelra, ,utt~esaore and assigns, as rent the <um of ..................... ... Fcur Nund red Ten Chous ind ~ Dollars ($10,400) Paymenr ~-~~~~~~~-~--~~-~~~---""-"" - to be made be twee_n Januar I 1949 and ..-,-_,.-,..-._.. I_eS ruar; IS_,_ 198__9_. Lease renews irseif one Y.....r...... ' .......................... .....:..............................................Y. °........--.......... •-"~"'" "' ar CO R2XC duCOmaC iCall ..........................X:-.. t nS --.......... t1 .................... J ['~~ t/rat ehoubt thl, core! nt nn !i .-.-.•'-~-~ and payab(a, y me renrdrr mrpaid for !toe days alter the same shall be dua sold leaanr....may, at........... ~~.-...._...apltnn, than rnrulder ttre aald leaaea.....,aa tenant at wilt, wed reenter upon and repoaaesa aatd premlaei. And should ,aid laosa...._nt nny !tore permit raid rent to be in arrears and unpaid for (ion daroa after t/u aama ah¢tt 6e duo and nayafi(e, than acid Ieaaee......ngrea......th¢t dra entire rent for the term for which mid pramiaea are tented, ahnll at onto become due and payable and may be recooered forthwa6 Fiq dtalreta or otherwise; an,/ in all proceedtnga under thta leaeo for recove arrears, w/wther by dutreaa or other aetlon at law, mid laaaes......lor .............. rY of rent to and adminLttratore. harebq watoe..._. all axemptton lawn, an ~""" ""'h°ire• auceeaaora, executore further, the! sFrauld the Property of laid !Donee...,.. y taw fo the contrary notwttfyfwdln hareb be removed /rom sold pramtaea, aatd leaeoe ................ A: and .y nutborirsd, at ¢ny time within nlnely day! Itrare¢jter, to enter upon the name wherever pp pp pp I rerete Ihen duo or to ba- come tae, tea above mroofd Jera ~( the tcoxfe 1Frerro ~Y and to the ante ~ l aatdmroa arty, aetd Ieasar.l o~6alt /rave the rights and prtuilegea granted under tFra tame, tndudtng that wntving the 6ena/ib o/ the ex,mption lau~a, ~ to much sa m i/ no removal uj ,aid leaaae......proparty bad bean made; and lunher I'bat aatd whole ar in p¢rt shall not 6a underlet or rented wtthouf aatd leaaor....,. written roruent thereto. On the ezpfra- lion of thi, tease, tFra property la to be given up to m good order to alt rupecta m it nocu it, reoaonabla wev and rem and damage from lire ezcepted. ~n witness ~fdhereaf> the perttaa hove hereunto net their hands and seals. tiryned senle u oral debvered in the presence of 1 / ~ --.. ~ , tl ~ l r .............. .I ~ ' ~OC a ~lalnd6le ~On5ldtl'BtlDli 1 hereby hecome eecurit L / v Y for the payment of the above rent us often as the some shall became clue. I ~tt11e55 my lum,l vnd sent tlra day arzd year nbnre mentioned. ilt:est: _._..........(L.S.) inn ;::.;, i . ....... ...::•.:: ~, ;/ EXHIBIT `B" Mill & Yard (717) 243-4124 Fax at Mill (717) 243.9821 Millwork 1 Mailing Address Orfice: (717) 486-5535 ~ ~7i~1~ PO. Box fi7 " ML Holly Spr;'ngs, PA 17085 ~LU~rTt be'r~, www.coyielumber.cem Coyle Lurrber 8 Millwork Scld To 231 E. Old York Rd. • Carlisle, PA 17013 Andress Date / / Deliver To Order No. Criver DESCRIPTION PRICE AMOUNT All invoices are due on receipt. Accounts established by prior ~~ auttiorizaticn ara due under the terms of that agreement. ' PAYFdENT: CASH CHECK MCNISA DISCOVER AM. EXPRESS CHARGE OVERDLE ACCOUNTS ARE SUEJECT 70 2 , PER MorvTH SERVICE CHARGE:. THIS IS 'cGUAL 7G A 24 , .4tINUAL PERCENTAGE RATE. Recd By Audit Copy-White Customer Invoice-yellow - Ollice Copy-Pink Customer Delivery Copy-Goltl { 4} ~ Yj ~ M~~li _ - ~ n _ j p ~ ~ 43` ~7 Y ~..t _ _ _ _. ,~...1- ~ ~ aL ~.. r" i .: `. ...._ a.~ _ ~ --__~ ~ ~,_ .A ,__„ ..._..,~ ~~_7 ,' 11lIHP~ ~~•.w ~ ~~rw„x~~r~aw~cz iaE1NS TALK' 55U // J>PP~2 KEN GAINE3 Vice Przsident and General ~IZnager c~C:, ~- Zl- c j Broadcast Canter 93C0 Nonh Sixth Street PO. 8oz t5U? Harrisburg, PA 1'105 f?7?) 298-2100 I-IARTMAN BELTING 1046 Tallow Hill Road CNAMBERSBURG, PA 17201 Phone (717} 263.0573 .-, _ _ Yi' C~ {L I1 v>nlC j ~-~ ~ r -_._ a~cR ~ ~ r-Hrri[ $CL99Y ,aGF C9,9 V"HXSGE ~iN df,Or L.C ~~ , ~N1:9E. RET'G.~ /~:Y ~J ~ 1~~Uv. I !/ ,c,.i'.'Li L,~Q ~~ ~ .. ~~ I - _~ c' - ---- j ----- -- - - -- - AEOE~iE~V O ~ TH,4i`JK YOU Alel tl. mn,eu yE pis 41U n 'ynwliil. HARTi+~IAN BEITiNG 1040 Tallow Hill Road CHAIV13cRS2URG, PA 17201 i~hone (717j 263-0573. i vi,c.~e sow e'i ~ asH ~ cno. a~~aace ~ r,~, ac%t •nose'~E-o ~- ----~1 ' f_..l.f. . - •.. 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TAI_LMADG~ _-- _ (586-257A) __ Kcal?, OH h4,240 --, ~~a . .~~P ] >IT,.~ ~ ,.,v~leE.I~. ~i 4-~ -iMa01G a.E I :J PwEw'] iE C]]iO OPO¢P nO.I ~POEREO]V rypg SEEP 2Y OilEPR44. P1GE ~ CUhrvirt¢ EWE dE3CFIPTtCN ITF~.I VO -CPI~TS ~RICcL• Ili AMCI NT' ~ ~ ~ i I °'" ~ I I _ _ I _I I G_ ~ ' _ _ . I __ j ~ I DO NOT LOAD FROM T'H1S TICKS T The Lumber Yard of Carlisle 450 Ea:>t North Street Carlisle PA 17013-2691 Phone 717-243-4140 Fax 717-243-6417 N/ebsite at www.TheLumbeP(ard.com 1803 MOUNTAIN ROAD NEWBURG PA 17240-9119 717-423-5688 Number/Date 2431673 / 10/24/2003 BV PO/Reference no./Date Pefter i Delivery date Day 10/24/2003 Sales Person WILSODI~ Page 1 of 1 'rte deliver according to the Following conditions: Terms of payment Payable immediately without: deduction >r'Jeight (gross/net) - Vofume A minimum service charge of S25 will be assessed for all returned checks. item Material Qty lJnit Price/Unit Description Value 000010 108682 6 I'CS 23.68 142.08 2x8x24KDHElviFIR Total amount (not including Sales Tax) Tax 6.000 Total amount (including Sales Tax) Dovvn payment Tetal due Thank you for your business The Lumber Yard of Carlisle An ISO 9001 Certified Comp~~m~ www.ThaLumherYard-com 142.08 142.08 8.52 150.60 0.00 150.60 SR Electric Motor Service 480 Zion Road Carlisle, PA 17613 PH 717-486-8393 FX 717-456-8630 I BILL TO ' ' GLE~tiv` PEPPER -------------- -- _ 1.94 E OLD YORK RD CARLISLE PA 17013 Invoice ~, DAATE ! INVOICE # ', ------- - -5,~8,3U03 1555 ~ P.Q NUMBER TERMS i DUE DATE ~~ VIA ~ PROJECT -`------ ~f ~ 5/2A/2003 ~ -~ ~ ~ 1 ij '~, QUANTITY ITEM COCE ~''I, DESCRIPTION PRICE EACH ; i AMOUNT I I ;6206 I B.-VLL BEARING 6.88', 6.88. i , 36307 ~ BALL BEARING I 9.99 i 999 ~'~ l ~i 58008 ~ BALDOR S WITCH .12.46 ~ 12.40' 3 ! SRZ 163 j START CAPACITOR 316 Mr 2SOV i 7.76 ~ 23.38 ~' 15 ! LI SHOP LABOR 20.00 30.00', I . PA SALES TAX ~ 6.00%! O.GO ~ ~ r ~ ;/~ G~ L ' I i j A sen~foe ehnrge of I SYb per month (1 ~%, nnrsnnik) will 6a edded ro post due invoices. Total S8?.61': McMillen Bros.,, Inc. Clair E. McMillen -J. Clyde McMillen - Clee L. McMillen Sollenberger Poured Concrete Silas ~NVQICE # ' Cement Stave Slas T.M.R Mixers-Rissler Barg Bern Cleaners ' 4433 Weeverline Carts Silage Distributors ~_._..__ __-____. _,. P.8Z.6arnEquipment Richieyyeterere DATE Rissler Teperboard Feeders & Conve}fars ', Ven Dale Silo Unloeders &Feeders 6/ 14%2003 J & D Equipment S Ventilation Badger Equipment & Motors RR 1 Box 134, Loysville, PA 17047 Phone 717-789-3961 BILL TO ---- I GLEN PEFFER _ - ',, I, TERMS DUE DATE ,194 EAST OLD YORK RD. ~ Nct zo I 7r/2oo3 ii CARLISLE, PA 17013 ~ ------- --~ --' i___ -_-_i SERVI -- ------ CED ' ITEM j - ------- -------- QTY ', DESCRIPTION ----- RATE ----- AMOUNT 6/13/2003 ~ V3338 l I Stainless Adapter Chute 23.9 -i 'x.95 ii li4271 j L ! 12' Grill 99.80: 99 80 ~ 154320 I 1 ~! l2' Lead Auger 245.33 245.33 '. 154330 l I2'RearAuger ~i 2(8.89', 218.89' I 153390 45 'Single Knife & Hardware 0.92 ' 4 L40 ', V-tO-17401 ', 1 !Lower Transition i 139.63 i 139.63 ' V40-17414 ' I 1 Fzlt Seal & Adhesive 9.84'' 9.84'. I 12141 ', 2 ,Auger Shaft Oi( Seal, Double Lip ~ 5.50 11.00 144784 _ Spring Pin ', L95 390. I FF Rodale I Female Flat Rodala 43.00' -13.00'. 5146 cable C... '~ 2 ~ Si l6 Cable clamp' ~, 0.90 ' 1.30; Blue Wire Bug ~ 2 li Large Blue Wire Bug ! I 0.75 1.50; Used Equip. ! 1 'I Used Wt Brkt i 18.00: 13.00 !Torch & We... ''; Torch & Welder Charge 10.00'i 1,0.00 ~ 576052 I Chu[e Brk 2-pc w/Hdw ' 7.341 7.34'. ~~, Nuts & Bolts ~'~. Nuts & Bolts, cotter pins, oil, Spray, Used ',, 18.75 , 18.75 ~'~, 'Shop Labor .... 10 Shop Labor Service 32.00 320.00 ' 16/14/2003 Trip & Labor 15.5 Trip & Labor to instal] unloader & work w/ winch & take to 32.00 II 496.00', '~, I i .top '1 . ', I Drill I !II Drill Rental to take unloader to tup I I ~~ 8.00 i 8.00 ii Labor includes time for kniftng augers in shop. Service Charge oft°'o per month will be added after 15 days. This is 24°~ Annual Rate (2.00 per month - - minimum) _. SOLLENBERGER SILOS CORP 2294 Mo11y Pitcher Hw1 S Chambersburg, Pa. 17201 Soid F. GLENN PEFFER To: 194 East Old York Rd. Carlisle, PA 17013 *************** * * * I Pi V O I C E * * Document Number: C56071 Document Date: 11/10/03 Page: 1 Ship F. GLENN PEFFER To: 194 East Old York Rd. Carlisle, PA 1701.3 Cust L.D.....: PEFGLE Ship Via.: P.O. Number..: Ship Date: 11/'_0;03 P.O. Date....: 11/12/03 Due Date.: 12/10%03 Job/Order No.: Terms....: NET 30 DAYS Salesperson..: Item I.D./Desc. Ordered Shipped Unit Price Diet TX ---------------------- _____ -----=------------------------------------------ WORK ORDER #64161 & #64459 - REPLACED 'STANDS ON FEEDERS. REPLACED PANS AS .NEEDED, BEARINGS, HEAD SECTION, ETC. T0181W 48.00 48.00 EA 16.3900 786.72 E FEEDER ST.~DIDS J5987P 48.00 48.00 EA 1.490G 71.52 E 3/8 X 3 HILTI LAG T0260A 1.00 1.00 EA 75.8600 75.86 E 4' WOOD TRAY SSCT0369S 1.00 1.00 EACii 7x.0000 70,00 E SPKT, SOB60 R 1" BGR SSCJ5554P 18.00 18.00 EACH C.3100 3/8 X 1 HHCS GRS 5.58 E SSCL981401 18.00 18.00 EACH 0.2000 3.60 E 3/8"SER. FLANGE NUT Continued .... Subtotal: 1013.28 *:r*******a***** SOLLErTBEP.GER SILOS CCRP * * 2294 Molly Fitcher Hwy S * I TI V G I C E Chambersburg, Pa. 17201 * * Document ]Au*nber: 055071 Document Date: 11/10/03 Page: 2 Sold F. GLENN PEFFER Ship F. GLENN PEFFER To: 194 East Old York Rd. To: 194 East Old York Rd Carlisle, PA Carlisle, PA 17013 17013 Ship Via : Cust I.D.....: PEFGLE . P.O. Number : Ship Hate: '1/10!03 .. P.O. Date....: 11/1Cj03 Due Date.: 12/10/03 Job/Order DIo : Terms....: NET 3v^ DP.YS . Salesperson..: Item I.D../Desc. Ordered Shipped Unit Pric e N t ---- --- e TX CJ145220 4.00 ------- 4.00 -------------- EACH 12 -- -------- .8900 ------ 51 --- 56 --- E BEARING - 1" . TP~?ISC. 1.00 USED DRIVE END -COMPLETE 1.00 EACH 350 .0000 350 .00 E TMISC. 1.00 USED SWITCH ASSY. 1.00 EACH 75. 0000 75 .00 E T0278F. 2.00 10' WOO 2.00 EA 1.79. ~ `3Y ~)l. 318. 08 t~ D TRAY - USED Discount On Above 159. 44- MILEAGE - MINIMUM CH_~RVE 3 TRIPS 126. 00 E LABOR 3264. OU E LABOR - CREDIT 680. 00- E Subr_otal: 4353.29 Just a friendly reminder to let you know... Tax .....: G 0 0 you can transfer your balance to Visa er Mastercard. To t a 1 ...: 4 3 S 3 . 2 8 CALL 1-800-909-6909 or (717)264-9588 10SEf~FA .PONES .~osxUA .IOVEs 75 GOODY"EAR RD CARLISLE PA 17013 Bill To GLEN PEPFER 19d E. OLD YORK RD CARLISLE Y;a 17013 Invoice Date Invoice # 3i?d/2004 13"' P.O. No. Terms RENT EQUIPMENT Due on receipt Quantity Description Rate Amount 19.5 195 HRS. RE?1T 1L USE OF UOZF.R / NO OPERATOR (RENT 4i.C0 N?7,50 EQUIPMENT) HAULING FEE 60.00 60.00 `~ ¢ ~ ~ i __. ~ ~ ,. c. ', ~~ ~ =i~~ Thank you Rx your ~:5iness. TO to l 5937.50 1.590 FINANCE CHARGE ADDED ON 8.41.ANCE5 OVF,R 30 D,4YS. IS°o ANNUAL, R:\TE. if ~ \~ J 'f~~` f _. CERTIFICATE OF SER~JICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: KARL E. ROMINGER, ESQUIRE ROMINGER 7 BAYLEY 155 SOUTH HANOVER STRE',ET CARLISLE, PA 17013 Date: August 23, 2004 IRWIN & McK1~fIGHT Dougla G. Miller, Esquire Supreme Court I.I). No. 83776 West Pomfret Pro:Fessional Building 60 West Pomfret ;itreet Carlisle, Pennsylvania 17013-3222 (717) 249-2353 r_, ro [:) _~ '~ C... f .. ~.. ~ - F. GLENN PEFFER and SHIRLEY B. PEFFER, Husband and Wife, Plaintiffs v. JAMES E. JONES and LINDA C. JONES, Husband and Wife Defendants IN THE COUF:T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIOiV -LAW N0.2004-3641 CIVIL TERM NOTICE TO PLEAD TO: F. Glenn Peffer and Shirley B. Peffer c/o Roger B. Irwin, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: September 21, 2004 Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants Respectfully submitted, ROMINGER, BA'YLEY & WHARE Karl E. Rominger, Fsquir 155 South Hanover Street F. GLENN PEFFER and SHIRLEY B. PEFFER, Husband and Wife, Plaintiffs v. JAMES E. JONES and LINDA C. JONES, Husband and Wife Defendants IN THE COUF:T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W NO.2004-3641 CIVIL TERM DEFENDANTS' ANSWERS TO TO PLAINTIFFS' AMENDED COMPLAINT AND NEW MATTER AND NOW, come James and Linda Jones, and answers Plaintiffs' Amended Complaint with New Matter: 1. Admitted. 2. Admitted. 3. Admitted. COUNT I. -BREACH OF L1~A3E PEFFER v. JAMES E. JONES 4. A conclusion of law and requires no answer. 5. Admitted in part and denied in part. It is admitted that a written lease was signed and it is the complete and only agreement of the parties. It is denied that it "memoriali2ed" the arrangement, and strict proof of the same is demanded at trial. By way of further answer, the written agreement is the exclusive and controlling contract of the parties. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted in part and denied in part. It is admitted that a machine shed on the farm was built; it is denied that it was exclusively for benefit of Defendant. 10. Admitted. 11. Admitted in part and denied in part, It is admitted that they had possession and use of the farm. It is denied it was exclusive possession, and strict proof of the same is demanded at trial. 12. A statement and conclusion of law insomuchas it purports to say what Defendants obligations were under the lease, and therefore no answer is required. By way of further answer, if an answer is deemed required it is denied and strict proof of the same is demanded at trial. 13. Denied and strict proof of the same is demanded at trial. 14. A-I are denied and strict proof of the same is demanded at trial. By way of further answer, the farm was returned with only normal wear and tear. 15. Denied and strict proof of the same is demanded at trial. 16. Denied and strict proof of the same is demanded at trial. 17. Denied and strict proof of the same is demanded at trial. 18. Denied and strict proof of the same is demanded at trial. 19. Answering Defendant is without sufficient information to admit or deny this paragraph after reasonable investigation, and strict proof of the same is demanded at trial. 20. Denied. By way of further answer, there were no damages to be repaired and strict proof of the same is demanded at trial. 21. Admitted insomuchas Defendants have in fact refused to pay any sums to Plaintiffs which were not contemplated by the lease. 22. A conclusion of law and requires no answer. By way of further answer if an answer is required, it is denied and strict proof of the samf: is demanded at trial. 23. A conclusion of law and requires no answer. By vray of further answer if an answer is required, it is denied and strict proof of the same is demanded at trial. 24. A conclusion of law and requires no answer. Byway of further answer if an answer is required, it is denied and strict proof of the same is demanded at trial. 25. A conclusion of law and requires no answer. By way of further answer if an answer is required, it is denied and strict proof of the same its demanded at trial. WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs plus costs. 26. A conclusion of law and requires no answer reference. 27. Admitted. Previous paragraphs are incorporated by 28. Denied and strict proof of the same is demanded at trial. By way of further answer, it is admitted that Defendant's wife operated and helped with the farm. It is denied that she was responsible for any rental amounts due Plaintiffs. 29. Denied. By way of further answer, it is a conclusion of law and requires no answer, but if an answer is deemed required, answering Defendants state that there is no benefit conferred upon Linda C. Jones. COUNT II: UNJUST ENRICH~T PEFFER v. JAMES E. JONES and ]LINDA C. JONES 30. A conclusion of law and requires no answer. By way of further answer if an answer is deemed required, it is denied. 31. A conclusion of law and requires no answer is deemed required, it is denied. BY `,vay of further answer if an answer 32. Denied and strict proof of the same is demanded at trial. WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs plus costs. COUNT III. NEW MA7"TER 33. Previous paragraphs are incorporated by reference. 34. At all times relevant, Defendant James E. Jones undertook to maintain the farm in good repair. 35. Only normal wear and tear from farming operations occurred and the premises were returned in as good a condition less the actual wear and tear which was reasonable for the farming performed. 36. Further, answering Defendants improved, cleaned and otherwise made better many of the aspects and conditions of the farm. 37. The Release is the sole controlling agreement of the parties, and Defendant's wife was not a party to the same. 38. No benefits were conferred upon Defendant, Linda Jones insomuchas all agreements were between Defendant, husband and Plaintiffs and if wife received any benefit, it was from the mere fact that she is married to and lives with her husband and not because of any privities or direct benefit conferred by ]Plaintiffs. WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs plus costs of this suit. Date: September 21, 2004 Respectfully submitted, ROMINGER, BAYLEY & WHARF . ~-~ ~~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID # 81924 Attorney for Defendants F. GLENN PEFFER and SHIRLEY B. PEFFER, Husband and Wife, Plaintiffs v. JAMES E. JONES and LINDA C. JONES, Husband and Wife Defendants IiV THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.2004-3641 CIVIL TERM CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendants do hereby certify that I this day served a copy of the Defendants' Answers to Plaintiffs' Amended Complaint and New Matter upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Roger B. Irwin, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Dated: September 21, 2004 Respectfizlly submitted, ROMIN~JER, BAYLEY & WHARF i'~~ art E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID # 81924 Attorney iFor Defendants ~> o <~ ~> r V7 -_ ~-~ r~ `r' T, _t. _ (..> .' ~i ty -r, -n _,,rf '; .. ~ -'j r.-) s_;_ ,~ :~ "1 ';1 F. GLENN PEFFER and 5HIRLEY B. PEFFER, Husband and Wife, Plaintiffs v. JAMES E. JONES and LINDA C. JONES, Husband and Wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2004 - 3641 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO DEFENDANTS' NEW MATTER AND NOW, this ~(,~~lday of November, 2004, comes the Plaintiffs, F. Glenn Peffer and Shirley B. Peffer, by and through their attorneys, Irwin & McKnight, and makes the following Answer to the New Matter filed by Defendants, James E. Jones and Linda C. Jones, averring as follows: 1.- 33. The averments of fact contained in the Plaintiff's Complaint are hereby incorporated by reference and are made part of this Answer to the Defendants' New Matter. 34. The averments of fact contained in paragraph thirty-four (34) are specifically denied and strict proof thereof is demanded at trial. 35. The averments contained in paragraph thirty-five (35) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 36. The averments of fact contained in paragraph thirty-six (36) are specifically denied and strict proof thereof is demanded at trial. 37. The averments contained in paragraph thirty-seven (37) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 38. The averments contained in paragraph thirty-eight (38) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in its favor and award Plaintiff the relief requested in its Complaint. Date: November ~~ , 2004 Respectfully Submitted, IRWIN & McKNIGHT Douglas .Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorneys for Plaintiffs VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~-~~ F. GLEN PEFFER r~- SHIRLE~' .PEFFER ~% ~ ~~ `~ Date: November 9, 2004 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: KARL E. ROMINGER, ESQUIRE ROMINGER & BAYLEY 155 SOUTH HANOVER STREET CARLISLE, PA 17013 Date: November ~, 2004 IRWIN & McKNIGHT ~tY ` ~' t~r~.CX-G~' Douglas .Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 hJ t ~ c-~ C~,Y ~~ ~_ '-t i -.o- ~ ~..,.a -- -'1' 'fir ' (~ l i _.= -~ f~~ y, ? ~la - -- '~ ._.ir;., ~ ~w~ -i c-^ ),7 _^``.J ~, F. GLENN PEEPER and SHIRLEY B. PEEPER, Husband and Wife, Plaintiffs v. JAMES E. JONES and LINDA C. JONES, Husband and Wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P$NNSYLVANIA NO. 2004-3641 CIVIL 19 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in PETITION FOR APPOINTMENT OF TO THE HONORABLE, THE JUDGES OF SAID COURT: n,..,gt ~~ r x; i ~ o= ,counsel for the plaintiffbde£e~in a above respectfully represents that: 1. The above-captioned action (or actions) is (aze) at issue. 2. The claim of the plaintiff in the action is $ t ess rhan $ 5.000.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualifiedto sit as ;form: (or actions), WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators tp whom trye case shall be submitted. II II Respectfully ORDER OF COURT AttorBevVfor~~lain AND NOW, , 191, in considerati n of the foregoing petition, Esq., Esq., and ,Esq., are appointed arbitrators in th above ca tinned action (or actions) as prayed for. By the Court, i i P.J. ~~ ^~.. ~~ '~.. R ~ f. ~~~ ~" r-> ~-: ~. ;:_;~-. > :__ 1 o mr 'o ~ -,d ~~ ~, -'; ~: -?t""~ rn N `fit •• Ys ~~ F. GLENN PEFFER and SHIRLEY B. PEFPER, Husband and Wife, Plaintiffs v. JAMES E. JONES and LINDA G. JONES, Husband and Wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3641 CIVIL 19 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: n ~i Az r_ Mi r ler ,counsel for the plaintiffEdr.in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (aze) at issue. 2. The claim of the plaintiff in the action is $ i P~~ than t25 000.00 The counterclaim of the defendant in the action is __ __-_ The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as azbitrators: Karl RominKer, Esquire and Douglas G. Hiller, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ougl s G. iller--~re ORDER OF COURT Attor ey fot Plaintiff AND NOW, -! , >~~in consideration of the c /~ / foregoing petition, ut~ ~ ~~°-~ Esq., ~/~,.cJ ( ".~~/ f ~J ,~i_ Esq., and xi~~ /~'~~%~ - ~ are appointed arbitrators in the above captioned action (or tctions) as prayed for. By the Court, P.J. ~- ~~ fi~ ~~ ~~d $~ LdvSi3~~ N q Q /'~ :i CJl 1 i~iri li ~ ~~ ` ~~ ~ '`~ ~' '. ~ -` ~„ T ^'F-. F. C(~wv~ Pty--~ 5-Lu`v~ l et7.-~~ ~ . ~e ~ ~GClvtf.5 U C , ~ p ~~P}~intiff ~.1v~C{u ~• ~0l~l~C-rj Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No.2l)0 - 3~0 Civil Action -Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office 'th fidel' Signatur ~a of ~ G/ ~P.r!c+c~ Name (Chairman) Law Firm ~o]l 1 a ~ Address L~~-y~, -P~- ~ 7a~3 City-~ Z /ls~si •~aum E r ~ !, Law Fir 3goi J~k~t S~. Address 11II p ~l) I ~ a -yZ27 City, Zip ~"/UG53 Award ~~'-ate t~nl. 'W.1nsy~nxn S~mw~},A Signature C -1.1a~~ah ~Lln c miu~ - ~~acl ~ Name ~,,,~{~-P ~ ~~C~1 igtRS Law Firm .~ i~0 N . I,lru~oy~t~ Si Address t.<u1~S\.e.~PY1 i"lb~~ City, Zip ~' ///3 Y We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following awazd:, „ (Note: If damages fof delay are awazded, they shall.be sep~ately stated.) name if Date of Hearing: ~ Q Date of Awazd: ~ ~ (~ :' ~~ (Chairman) t 6 ~ ~, ._ Notice of Entry of Award Now, the 9 ~ day of 20~_, at / • 3 y P .M., the above award was entered upon the docket and notice ereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ a 9 D. ~ By: ~~ -~'- rothonotary Deputy L,« c~y~E c°ci-y~-zssZ r~ ~ a. c ~ -~, " ~ ;;~ - ~ .;= ~ - m; - ~ ~~ _ - ..;; " -o ~~-~ ~ -~;-~, ~ ~ ~ ~ ~ ~ w .~ ~' ~ - ~ :: .. .: . .. F. GLENN PEFFER and SHIRLEY B. : IN THE COURT OF COMMON PLEAS OF PEFFER, Husband and Wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CNIL ACTION -LAW v. JAMES E. JONES and LINDA C. : NO.2004-3641 CIVIL TERM JONES, Husband and Wife Defendants NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that James E. Jones appeals from the award of the board of azbitrators entered in this case on the 9`h day of June, 2005. A jury trial is demanded [x ] (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that: 1. The compensation of the arbitrators has been paid. Date: July 7, 2005 azl E. Rominger, Esquire 155 South Hanover Street Cazlisle, Pa 17013 (717)241-6070 Court Id. 81924 Attorney for Defendant Note: the demand for jury trial on appeal from compulsory azbitra4ion is governed by Rule 1007 (b). (b) No affidavit or verification is required. F. C(ewv~ P~~-f~,, ~s~~rl~ P. ~e~~ ~u.w1. ~s C , J o yl ~~tiff ~~~.du ~• ~a~~5 Defendant In The Co o:F Co on Pleas of Cumberland urt'~' ~i m County, Pennsylvania No. Zl10 - ?JGJ Civil Action -Law. Oath We do solemnly sweaz (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office 'th fidel' ~!~ ~Signaturd ~u lid ul ~~`e Name (Chairman) ~~ivtsdrt, !,~¢{7~e Law Firm ~~ ~~~ Address ~~ -~~ 17~f3 City, Zip E Law Firhi ~ CI Address I p (~~~ I ~ o -4227 City, Zip `~'-o n nil. 'W @nfyvnn-S~mnxae~.lJ1 Signature -1.1~an h~1.ta c mr,v. - G,., i rJ ~ j Name ~, r~i~i-F a-iJ~Ca~iai25 Law Firm a an ~ . {Jr,~o.,~r S-1. Address c~ rt,~~ ~~ ~~oi~ City, Zip Award We, the undersigned azbitrators, having been duly appointed and sworn (or affirmed), make the following awazd:, „ (Note: If damages fof delay are awazded, they shall be sep~ately stated.) name if Date of Hearing: ~P q /0 Date of Awazd: ~ /~l !~ ~ Notice of Entry of Award Now, the 9 ~ day of , 20 9~i , at ~ jam, P .M., the above awazd was entered upon the docket and notice ereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ~ 30. ~ By: rothonotary Deputy ~ ~ ~ g v ~ ~~ p 0 G- .- Fn ,. Y .. 4 rG-- 1'Pl~ ' ' ~ '~~ i.; ' ; e rn }<_,; F. GLENN PEFFER and SHIRLEY B. : IN THE COiJRT OF COMMON PLEAS OF PEFFER, Husband and Wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACT]:ON -LAW v. JAME5 E. JONES and LINDA C. JONES, Husband and Wife, Defendants. NO. 2004 - 3641 CIVIL TERM JURY TRIAL DEMANDED AND NOW this ~~day of October, 2005, comes the Plaintiffs, F. GLENN PEFFER and SHIItLEY B. PEFFER, by and through their attorneys, Irwin & McKnight, and hereby moves this Court to enter an Order pursuant to Pa.R.C.P. No. 4019, directing Defendants, JAMES E. JONES and LINDA C. JONES, to answer Plaintiffs Requests to Produce Documents or suffer sanctions, and in support thereof avers as follows: 1. The action was instituted by Complaint filed on July 26, 2004, which was properly served upon the Defendant on July 30, 2004. 2. On July 12, 2005, Plaintiffs sent their initial Requests for Production of Documents pursuant to Pa.R.C.P. 4009.1. A true and correct copy of Plaintiff's cover letter dated July 12, 2005 is attached as Exhibit "A." 3. Pursuant to Pa.R.C.P. No. 4009.12(a), Defendants productions and objections, if any, were due on or about August 11, 2005. 4. Defendants did not provide any documents or objections, or otherwise attempt to contact counsel for Plaintiffs to request an extension for the responses to discovery. 5. On August 12, 2005, a letter was sent to counsel for Defendant requesting a response to Plaintiffs discovery requests. A true and correct copy of said letter is attached hereto as Exhibit "B" 6. To date, no response has been received from Defendants or their legal counsel. 7. For the foregoing reasons, Plaintiffs believe and aver that Defendants will not produce the documents requested absent an Order of Court pursuant to Pa.R.C.P. No. 4019(a)(1). WHEREFORE, Plaintiffs request that the Court enter an order directing Defendants to furnish all documents identified in Plaintiff s Request for Production of Documents and fully comply with said request within ten (10) days or suffer appropriate sanctions to be imposed upon further application to the Court. Respectfully Submitted, Dated: October _~_, 2005 IRWIN &: McICNIGHT 7 By: Dougl G;. Miller, Esquire Supreme Court LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Cazlisle, Pennsylvania 17013 (717) 249-'?,353 Attorney fc~r Plaintiff 2 LA W' OFFICES IRWIN £~ McKN7GHT WEST POMFRET PROFESS/ON9L BU1Lp/NC 60 WEST POMFRET STREET ROGER B. [RW/N CARLISLE, PENNSYLVANIA J J013-322? MARCUS A. McKNlCN7. I!! DOUGL,9S G. NfILLER (717) 249-2353 MATTHEWA. McKNICHT FAX (717) 349-6354 WWW7MHIr1WCOM July 12, 2005 KARL E. ROMINGER, ESQUIRE ROMINGER, BAYLEY & WHARE 155 SOUTH HANOVER STREET CARLISLE, PA 17013 RE: PEFFER v. JONES DOCKET NO.: 2004-3641 Dear Kazl: HAROLD S. IRWIN (1925-1977) fL4ROLD S [RW/N, 1R. ([954-19N6J IRWIN, IRW/N & IFWlN ((956-l9N6) IRWIN, /RWIN & McKN1GfIT (1986-!9941 IRWIN, btcKN1GRT & HUGHES (1994-2003) fRWIN &~Kc KNIGfff (2003- ) Enclosed for service upon you please find an original and one copy of Plaintiffs' Request for Production of Documents to Defendants in the above-captioned matter. I look forward to receiving your responses in the near future. If you have any questions or would like to discuss this matter further, please do not hesitate to contact me. Very tmly yours, IRWIN tic MC,~KLN~IGH~T~~~~~ Doug s G. Miller DGMads Enclosure cc: Mr. and Mrs. F. Glenn Peffer (w/enc) LAW OFFICES IRWIN £~ NIcKNIGHT y WESTPOMFRET PROFESS/ONAI.BUILDlNG 60 WEST POMFRET STREET _xaROro s. lRw7N pvz3-(9771 ROGER B. !RWIN CARLISLE. PENNSYL/ANlA t70l3-3222 N.iROLD s. 7RwiN. JR. (195ddvae) MARCUS A. Mc,YNICH7; /(1 /RW[N. IRWIN ,d IRWIN [l9s0.f9N67 DOUGLAS G. MILLER (777) 299-2353 [RW/N, !RWIN ,Q McXN(GN7 (lYH6-1994) MATTHEW A. MtKN/Clfl' FAX (727) 249-6354 IRW/N. McKNIGNT & NDGHES ((994-2003) WWW./MNLetWCOM /RW/N~MeKN[GHT (2003- ) August 12, 2005 JAMES I. NELSON, ESQUIRE ROMINGER, BAYLEY & WHARE 155 SOUTH HANOVER STREET CARLISLE, PA 17013 RE: PEFFER v. JONES DOCKET NO.: 2004-3641 Dear Attorney Nelson: Please note that the undersigned is the attorney representing Mr. and Mrs. Peffer at trial in this matter. Accordingly, please direct all future contact and correspondence to the attention of the undersigned. Specifically with regard to your correspondence dated August 9, 2005, as the only changes involve responses to Paragraphs 4 and 26 involving incorporation of previous paragraphs, I do not believe it will be necessazy to file your aznended response. If you file your amended response, it will be necessary for us to file another .Answer. Instead, I am willing to stipulate that all of the issues raised in your original Answer and New Matter have not been affected by the failure to respond to Paragraph 4 and 26. I have also not received a response on the request for documents that was sent to Attorney Rominger in this matter. Please provide the requested documents or advise the undersigned as to when they will be forthcoming. Very truly yours, IRWIN & MCKNIGHT ~ ,~, l~~s Dough G. Miller DGM:tds ec: Mr. and Mrs. F. Glenn Peffer (w/enc) CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: JAMES I. NELSON, ESQUIRE ROMINGER, BAYLEY & WHARE 155 SOUTH HANOVER STREET CARLISLE, PA 17013 Date: October 5, 2005 IRWIN& McI{NIGHT y Douglas .Miller, Esquire Supreme Court LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717)249-2353 Attorney for Plaintiff "' o G - ~ ? T O '~ _Y ~1~ T ' -1 r ' ~ ~A.. - n ~'~i : > __ ., __~ _~ ~ N { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA F. GLENN PEFFER and SHIRLEY B. PEFFER, Husband & Wife, Civil Action -Law Plaintiffs No. 2004 - 3641 v. Jury Trial Demanded JAMES E. JONES and LINDA C. JONES, Husband & Wife, Defendants PETITION FOR PROTECTIVE ORDER PURSUArTP TO PA. R. Civ. P. 4012 AND NOW, come the Defendants, by and through their counsel, ROMINGER, BAYLEY & WHARF, and petition this Honorable Court far a Protective Order based upon the following: 1. Plaintiffs have filed a Request for Production of Documents to Defendants pertaining to financial and tax records of Defendants. A copy of said Request for Production of Documents is attached hereto as Exhibit A and incorporated herein by reference as if fully set forth herein. 2. In particular, and with respect to this Motion, Plaintiffs have requested "copies of federal and state income tax returns filed by [Defendants], together with all accompanying W-2s, 1099s, attached schedules and exhibits filed for the tax years 1988 through 2002." 3. The purpose of said discovery is presumably tc enable Plaintiffs to acquire information regarding Defendants' income and fmancial affairs in the context of the farm which is at the heart of this litigation. 4. To require that the items be produced by Defendants would cause unreasonable annoyance, oppression, burden and expense. 5. The scope of the discovery is unnecessarily broad. 6. Plaintiffs Request for Production of Documents seeks to inquire into matters not relevant to the claims raised in the Plaintiffs' Complaint. 7. Plaintiffs' Request for Production of is made m~°rely to discover information unrelated to the above captioned case which information is confidential and highly personal. WHEREFORE, Defendants requests the Court to grant this Petition for Protective Order denying the requested discovery or, in the alternative, limiting discovery to those items which the Court deems reasonable and necessary, to 'wit, restricting Plaintiffs' access to tax records which pertain strictly to the property at issue and not to all businesses operated by Defendants. Respectfully submitted, ROMINGER, BAYLEY & WHARE Q ~-1'G z Gc~J arl E. Rommger, Esquire Attorney I.D. No. 89124 155 South Hanover Street Carlisle, PA 17013 Tel: (717)241-6~D70 Fax: (717)241-6;678 Attorney for Defendants F. GLENN PEFFER and SHIRLEY B. PEFFER, Husband and Wife, Plaintiffs v. JAMES E. JONES and LINDA C. JONES, Husband and Wife Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLANID COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.20043641 CNII. TERM CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendants do hereby certify that I this day served a copy of the Petition for Protective OrderPuesuant to PA.R. Civ. P. 4012 upon the following by depositing same in the United States Mail, first cl<~ss postage prepaid, at Cazlisle, Pennsylvania, addressed as follows: Douglas G. Miller, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Respectful)}~ submitted, ROMINGI?R, BAYLEY 8r WHARE Dated: October 6, 2005 1- Karl E. Ronvnger, Esquire 155 South I7lanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants LAW OFFICES IRWIN £~ McKNIGHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER B. /RWIN CARLISLE, PENNSYLVAN/A !7013-3222 MARCUS A. McKN/CHT, /// DOUGLAS G. M/LLER (:17J 249-2353 MATTHEW A. McKNJGHT FAX (717) 249-6354 WWWIMHLAW COM July 12, 2005 KARL E. ROMINGER, ESQUIRE ROMINGER, BAYLEY & WHARE 155 SOUTH HANOVER STREET CARLISLE, PA 17013 RE: PEFFER v. JONES DOCKET NO.: 2004-3641 Deaz Karl: ~~~~ HAROLD S. 1RWlN (1925-1977) HAROLD S. !RW/N, JR. (1954-1986) IRWIN,/RWIN &IRWIN' f19S6-7986) fRWlN, !RWIN & McKNIGHT (1986-1994) /RW/N. McKNIGHT & HUGHES (1944-2003) IRWIN & McKN1GHT (2003- ) Enclosed for service upon you please find an original and one copy of Plaintiffs' Request for Production of Documents to Defendants in the above-captioned matter. I look forward to receiving your responses in the neaz future. If you have any questions or would like to discuss this matter further, please do not hesitate to contact me. Very truly ;yours, Il2WIN & D/ICKNIGHT ~Y~~.~' Doug s G. Miller DGM:tds Enclosure cc: Mr. and Mrs. F. Glenn Peffer (w/enc) F. GLENN PEFFER and SHIRLEY B. PEFFER, Husband and Wife, Plaintiffs v. JAMES E. JONES and LINDA C. JONES, Husband and Wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2004 - 31541 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS TO: James E. Jones and Linda C. Jones, Defendants c/o Karl E. Rominger, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED that pursuant to Pa. R. Civ. P. 4009.1, Plaintiffs, F. Glenn Peffer and Shirley B. Peffer, by and through their legal counsel, Irwin & McKnight, hereby propounds the following Request for Production of Documents and tangible things which aze in the possession, custody, or control of the party to whom this request is directed, their designated agents, representatives, and attorneys within thirty (30) days after service. The documents and tangible things requested herein must be produced at the law offices of Irwin & McKnight, West Pomfret Professional Building, 60 West Pomfret Street, Cazlisle, Pennsylvania in accordance with Pennsylvania Rules of Civil Procedure or applicable local rule of Cumberland County prior to the indicated time for production thereof. IRWIN & DvIcKNIGHT Dougla G. Mi ler, Esquire Supreme Court I.D. # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 (717)249-2353 Date: July 12, 2005 Attorney for Plaintiff INSTRUCTIONS AND DEFINI'.CIONS 1. "You" or "yours" means the Defendant and/or all corporations, partnerships or sole proprietorships that Defendant owns or in which helshe :has a controlling interest, and any employee, agent servant or independent contractor of Defendant. 2. "Defendant" unless otherwise specified, shall mean the Defendants answering the Interrogatories. 3. "Document," "record," "file," or "report" all refer to and mean the original, all drafts thereof, and all copies of any written, printed, recorded or other graphic matter, whether on paper, cazds, tapes, film, electronic facsimile, computer storal;e devices or any other means of information retrieval and storage, however produced, reproduced or prepared. 4. "Person" or "individual" means a natural person, a partnership, a corporation, an unincorporated association, a government (or agency thereof), aquasi-public entity, or other form of entity. 5. This Request applies to all documents in your possession, custody or control or in the possession, custody or control of persons acting or purporting to act on your behalf, including, but not limited to your present and former agents, servants, contractors, employees, accountants, attorneys, investigators, indemnitors, insurers, consultants and sureties. 6. Each of the following is intended to be a sepazate request. Where a request has subparts, please respond to each subpart sepazately and in full. Do not limit any response to the numbered requests as a whole. 7. If you have objection to any request, please state your objection fully and set forth the factual basis for your objection in lieu of production of the documents. 8. Before responding to this Request, you are required to make a diligent seazch of your files and records to ascertain whether you have documents which would be responsive to a given request. Your agents, representatives, employees, attorne}~s and other individuals acting or purporting to act on your behalf must do the same. 2 1. Copies of all reports, correspondence, memorandums, or other writings and documents made by Defendants, or their accountant(s), agents, employees and other professional advisers which in any way involve the real estate involved in this litigation (Those portions of any items requested herein which aze not discoverable under the provisions of Rule 4003.3 should be redlactedJ 2. Copies of federal and state income tax returns filed by you, together with all accompanying W-2s, 1099s, attached schedules and exhibits filed for the tax yeazs 1988 through 2002. IRWIN & McI{NIGHT Dough G. Miller, Esquire Supreme Court I.D. # 83776 West Pomfret Professional Building 60 West Pomfret Street Cazlisle, PA 17013-3222 (717)249-2353 Attorney for Plaintiff 3 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set Earth below: James E. Jones and Linda C. Jones c/o Karl E. Rominger, Esquire Rominger, Bayley & Whaze 155 South Hanover Street Carlisle, PA 17013 Date: IRWIN & McKNIGHT r Douglas .Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Cazlisle, Pennsylvania 17013-3222 (717)249-2353 Attorney for Plaintiff F. Glen Peffer and ;5hirley B. Peffer 4 C7 ~y U `' ~r "il ~} 'T ~~ n-. -ni, -- . r ~ a <, _~ -. ' n -i ~> a ~.> < l` RECEIVED OCT 1 D ~ F. GLENN PEFFER and SHIRLEY B. : IN THE COURT OF COMMON PLEAS OF PEFFER, Husband and Wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW v. NO. 2004 - 3641 CIVIL TERM JAMES E. JONES and LINDA C. JONES, Husband and Wife, Defendants :JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this t?~ rday of pclb 4.r , 2005, upon consideration of Plaintiffs' Motion to Compel Defendants to Produce Documents, it is hereby ORDERED that the +'Lc~orn d ~-+ Defendant shall Plaintiff s Request for Production of Documents at~-- +' ~~1~: n',; ••'~`• ~°'-' -°°---~ within ten {~9}~}eys ofAthis Order or suffer the imposition of sanctions upon further application to this Court. DV TIIL' /~/IiTDT 1~,`,~,~ i '+ ~ ti ~ ,.. <,(~J ..,i'~ u /~c i ~ " :~ 1 F. GLENN PEFFER and SHIRLEY IN THE COURT OF COMMON PLEAS OF B. PEFFER, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW vs. NO. 04-3641 CIVIL JAMES E. JONES and LINDA C. JONES, husband and wife, Defendants IN RE: PETITION FOR PROTECTIVE ORDER ORDER AND NOW, this ~`~` day of October, 2005, a brief argument on the within motion for protective order is set for Friday, December 16, 2005, at 10:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ~'ouglas G. Miller, Esquire For the Plaintiffs /Karl E. Rominger, Esquire For the Defendants :rlm ~~ ~D ., ~~, ~ '~ ;,lr- ._. ^. ~J ,,.,~ ,~-~ ~,. ~n e~~~ ~~~.' ... ~ ~ . J'~ JGL~ fib` ~ - ~~~ ~i ~;~~ F. GLENN PEFFER and SHIRLEY B. : IN THE COURT OF COMMON PLEAS OF PEFFER, Husband and Wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW v. . NO. 2004 - 3641 CIVIL TERM JAMES E. JONES and LINDA C. JONES, Husband and Wife, . Defendants :JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO DEFENDANTS' PETITION FOR PROTECTIVE ORDER PURSUANT TO Pa. R. Civ. P. 4012 AND NOW, this 12TH day of December, 2005, comes the Plaintiffs, F. Glenn Peffer and Shirley B. Peffer, by and through their attorneys, hwin & McKnight, and makes the following Answer to the Petition for Protective Order Pursuant to Pa. R. Civ. P. 4012, averring as follows: 1. The averments of fact contained in paragraph one (1) are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments of fact contained in paragraph three (3) are admitted. By way of further answer, Plaintiffs have asserted a claim of unjust enrichment against Defendants, which as their legal counsel has eloquently stated first requires proof of enrichment in addition to it being unjust. 4. The averments contained in paragraph four (4) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, if Defendants have not retained copies of all of their federal and state tax returns during the period requested, which coincides with the term of the lease in this matter, then Plaintiffs aze willing to first review the requested documents that Defendants do possess. 5. The averments contained in paragraph four (4) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, the request only covers the time that Defendants leased and used the farm property and equipment owned by Plaintiffs. Furthermore, Plaintiffs are willing to allow Defendants to focus their response to earnings and profits associated with the lease of Plaintiffs farm, but it must be in a form adequate for evidentiary purposes. 6. The averments of fact contained in paragraph six (6) are specifically denied and strict proof thereof is demanded. To the contrazy, the information is necessazy to support Plaintiffs' claim of unjust enrichment against Defendants. 7. The averments contained in pazagraph seven (7) are specifically denied and strict proof thereof is demanded at trial. To the contrary, the information is necessary to support Plaintiffs' claim of unjust enrichment against Defendants. Furthermore, Defendants' legal counsel did not first seek to contact the undersigned in an effort to protect information not relevant to Plaintiffs' Complaint, but instead only filed the Petition for Protective Order after ignoring repeated requests for responses to the discovery requests and the filing of a Motion to Compel. WHEREFORE, Plaintiffs respectfully request that this Court deny Defendants' Petition for Protective Order, and direct Defendants to answer the discovery requests by providing the information requested therein. In the alternative, Plaintiffs request this Court direct Defendants to provide lax records as requested by Plaintiffs, excluding schedules pertaining to other business enterprises operated by Defendants which are unrelated to the farm lease at issue in this matter. Respectfully Submitted, IRWIN & McKNIGHT Y Douglas .Miller, Esquire Supreme Court 1.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 2A9-2353 ACtorneys for Plaintiffs Date: December 12, 2005 VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. -~'G~ e F. GLEN PEFFER SHIRLEY~. EFFER Date: December 12. 2005 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below both by facsimile and by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: KARL E. ROMINGER, ESQUIRE ROMINGER & BAYLEY 155 SOUTH HANOVER STREET CARLISLE, PA 17013 Date: December 12, 2005 IRWIN & McKNIGHT Douglas .Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717)249-2353 ..a a il ~. .~ 1 .__I (,,?. F. GLENN PEFFER and SHIRLEY IN THE COURT OF COMMON PLEAS OF B. PEFFER, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW vs. NO. 04-3641 CIVIL JAMES E. JONES and LINDA C. JONES, husband and wife, Defendants IN RE: MOTION FOR PROTECTIVE ORDER ORDER AND NOW, this iy ` day of December, 2005, following conference call with counsel, the motion of the defendants for protective order is GRANTED in part and DENIED in part, without prejudice to either party to request further hearing, to the extent that the defendants are directed to produce any and all income tax return schedules pertaining to the profit or loss in the operation of the Heisers Lane farm which is the subject of this litigation. BY THE COURT, ,~ouglas G. Miller, Esquire For the Plaintiffs ;~arl E. Rominger, Esquire , For the Defendants :rlm \~\a. lA PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ^ for 3URY trial at the next term of civil court. ® for trial withoat a jury. CAPTION OF CASE (entire caption must be stated in full) F. GLENN PEFFER and SHIRLEY B. PEFFER, husband and wife, (Plaintiff) vs. JAMES E. JONES and LINDA C. JONES, husband and wife, (Defendant) vs. (check one) ® Civil Action -Law ® Appeal from azbitration (other) The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due 5 days before pretrials No. 04-3641 , _ Term Indicate the attorney who will try case for the party who files this praecipe: Douglas G. Miller, Esquire Indicate trial counsel for other parties if known: Georg,P W. Gelsas , Esquire This case is ready for trial. Signed: ~ `_ .,, Print Name: I d 6'• ~t ~fGI Date: 1/4/07 Attorney for: Plaintiffs C7 ~ d C' a c . t~ rr1 t , ; . .. ~ T7't~ ..A r ~ i.. L I Y1 r^1 Yi. ~ ,~ . ~'s f , F. GLENN PEEPER AND IN THE COURT OF COMMON PLEAS OF SHIRLEY B. PEEPER, :CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. JAMES E. JONES AND LINDA C. JONES, DEFENDANTS 04-3641 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2007, IT IS ORDERED that a non-jury trial shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania on Wednesday, February 7, 2007, at 8:45 a.m. Douglas G. Miller, Esquire For Plaintiffs George W. Gekas, Esquire For Defendants By the Coust,~' 0 ~~ Edgar B. ayley J. ,Ga,~1~ccA M~ ~' / 7- a 7 J _ !~` sal ~~ ~ ~° _ ~;-, rte`. .-, .5 {_'"~3 5 - ~ 1 ~... .. < a ~ ..=-~ ~~ ~- 1 F. GLENN PEEPER AND SHIRLEY B. PEEPER, HUSBAND AND WIFE, PLAINTIFFS V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-3641 CIVIL TERM IN RE: BENCH TRIAL BEFORE BAYLEY, J. VERDICT AND NOW, this d ~ day of February, 2007, F. Glenn Peffer, is awarded JAMES E. JONES AND LINDA C. JONES, DEFENDANTS $4,000 from defendant, James E. Jones, plus legal interest at six percent per annum from January 1, 2003. Douglas G. Miller, Esquire For Plaintiffs George Gekas, Esquire For Defendants Court Administrator By the Co sal Edgar B. Bayley, J. .::- ~ ~ J ~ ~ am, i'` ' _ ' ~ i `'L , , W =5c~- ~~ ts.. L, i F. GLENN PEEPER AND SHIRLEY B. PEEPER, HUSBAND AND WIFE, PLAINTIFFS V. JAMES E. JONES AND LINDA C. JONES, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-3641 CIVIL TERM IN RE: BENCH TRIAL BEFORE BAYLEY, J. MEMORANDUM OPINION AND VERDICT Bayley, J., February 16, 2007:-- On April 1, 1985, plaintiffs, F. Glenn and Shirley B. Peffer, rented a farm on an oral agreement for $10,000 a year to defendant, James E. Jones. Defendant used the farm to raise cattle. On August 4, 1988, the parties entered into a written agreement to continue the lease at $10,400 per year. The lease provided that "on the expiration of this lease the property is to be given up in as good order in all respects as it now is, reasonable wear and tear and damage from fire accepted." The lease renewed year after year at the same rent until defendant vacated the property at the end of December, 2002.' From the inception of the oral lease on April 1, 1985, plaintiff, F. Glenn Peffer, routinely did some major repairs at the property such as painting, fixing wind damage to 'Plaintiffs built a machine shed on the property in 1992, for which defendant, under an oral agreement, paid a few hundred dollars a month to rent. ._ 04-3641 CIVIL TERM the roof of the barn, and putting in some electrical circuitry. Defendant testified that he paid for routine maintenance to the property to keep the machinery, equipment and facilities operable. To support his testimony he produced paid receipts totaling the following amounts in the following years: 1994, $721.10; 1995, $127.16; 1996, $1,105.76; 1997, $412.79; 1998, $495.00; 1999, $399.88; 2000, $2,950.16; 2001, $1,933.27; and 2002, $1,141.10.2 Defendant testified that he operated the machinery in the silos and automatic feeder systems until he vacated the property. He maintains that the equipment was old, that he adequately maintained it through the end of his lease, and that he is not responsible in any amount to plaintiff. Plaintiff testified that when he took possession at the beginning of 2003, he found much of the equipment and machinery in such disrepair that it could not be utilized without extensive repairs. He undertook those repairs, for which he provided a significant amount of labor, which totaled $12,171.58 for parts and labor he paid to outside suppliers. He then leased the property to another farmer. Plaintiffs seek recovery of the $12,171.58 which they maintains defendant is responsible for under the terms of the lease.3 There is no doubt that the machinery and equipment is old. However, it is still well within useful life expectancy as long as it is properly maintained. We find that a 2 He did not have records before 1994. 3 The complaint against defendant, Linda C. Jones, was dismissed after plaintiffs presented their evidence and rested. Linda Jones was not a party to lease. She married defendant after it was executed. -2- _ . ~. 04-3641 CIVIL TERM significant part of the claim of plaintiffs is for reasonable wear and tear for which they are responsible. However, based on the credible evidence, defendant is responsible for $4,000 in damages for failing to keep the property in as good order as he received it, reasonable wear and tear accepted. Accordingly, the following verdict is entered. VERDICT AND NOW, this ~ P day of February, 2007, F. Glenn Peffer, is awarded $4,000 from defendant, James E. Jones, plus legal interest at six percent per annum from January 1, 2003. By the Douglas G. Miller, Esquire For Plaintiffs George Gekas, Esquire For Defendants Court Administrator :sal -3- Edgar B. Bayley, J. ti F. GLENN PEFFER and SHIRLEY B. PEFFER, Husband and Wife, Plaintiffs v. JAMES E. JONES and LINDA C. JONES, Husband and Wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2004 - 3641 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO CURTIS R. LONG, PROTHONOTARY: Please mark the above-captioned case, including the Order of Court following a bench 4~-- sc~ K trial, settled an iscontinued. Respectfully submitted, IRWIN & McKNIGHT Date: May 7, 2007 By: v Douglas .Miller, squire Supreme Court ID #83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff -. CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: GEORGE W. GEKAS, ESQUIRE KOLLAS AND KENNEDY 1104 FERNWOOD AVE., SUITE 104 CAMP HILL, PA 17011 Date: May 7, 2007 IRWIN & McKNIGHT Doug as G filler, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 C~ ~ C~ ~ ~~ .. ~ ^;> n~ ~ ...~ ~~ W