HomeMy WebLinkAbout13-6248 Supreme Court of Pennsylvania
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THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BENCHFIELD FARMS, LLC,
Plaintiff : No. Civil 2013 -
v .
RAYMOND F. FETROW AND,
ERIC W. BENNETT : Civil Action - Law
Defendants
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing 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 SHOULD
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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE,
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association cj
32 South Bedford Street
Carlisle, PA 17013' ry
Phone (717) 249 -3166
(800) 990 - 9108
THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BENCHFIELD FARMS, LLC,
Plaintiff : No. Civil 2013 -
V. .
RAYMOND F. FETROW AND,
ERIC W. BENNETT : Civil Action - Law
Defendants
COMPLAINT
COMES NOW, Benchfield Farms, LLC, by and through its counsel, Sally J. Winder,
Esquire, and does file the following Complaint.
1. Plaintiff is Benchfield Farms, LLC, s duly organized and existing Limited Liability
Company having a principal business address at 193 Conifer Road, Cumberland County,
Newville, Pennsylvania, 17241.
2. Defendants are Raymond F. Fetrow and Eric W. Bennett, sui juris adult individuals, who
currently reside at 301 Airport Road, Cumberland County, Shippensburg, Pennsylvania,
17257.
3. Plaintiff and Defendants entered into a lease agreement dated July 12, 2009 (hereinafter,
"the Lease "), whereby Defendants leased property at 368 Gameland Road, Upper Mifflin
Township, Cumberland County, Pennsylvania, under the specific terms of that lease, a
true and correct copy of which is marked "Exhibit A" attached hereto and incorporated
by reference thereto.
4. Under the terms of the lease Defendants were to maintain the dwelling house in good
repair and use and maintain the barn and other structures on the property in good order
and keep the fences repaired using good farming and husbandry practices in the raising of
crops and livestock including the raising and breeding of horses.
5. At the time of entering into the Lease, Defendants owned approximately ten Clydesdale
horses and five golden retrievers, all of which were to be housed in the barn.
6. Contrary to the agreement of the Plaintiff and Defendants, the number of horses was
increased from 10 to 20 during the tenancy of Defendants and the dogs were moved into
the dwelling house where various litters of pups were whelped and significant damage to
the interior of the dwelling house occurred.
7. Plaintiff gave notice of termination of the Lease effective June 30, 2012.
8. Defendants failed to pay the monthly September 2012, October 2012, and November
2012 rent all in the like sum of $1,500.00 per month for a total monthly rent due and
unpaid of $4,500.00, plus late charges of $5.00 per day for each and every day after the
5 day following the due date which was the first day of each month and continuing until
December 1, 2012, when the property was subsequently leased.
9. Contrary to the terms of the Lease, the Defendants failed to maintain the property in good
repair causing the following damages resulting in repairs and expenses of Plaintiff, all as
set forth below:
a. Fence damages causing replacement of fence, fence tighteners, insulators,
grips, crimps, brace pins, gate posts, fence posts, t- posts, and overhead
supports all in the amount of $990.10
b: Gates, latches, clips, chains, etc. all of which were damaged or removed and
required replacement of snaps, chain, gates, stock panels, stall gates, sliding
door on the stud stall, and replacement of the gates, latches, chains, gates, and
panels all in the amount of $3,560.73
c. Hitching rail/wash area destroyed causing repair of the hitching rail,
replacement of 3 rubber mats and labor to do repairs, all in the amount of
$347.28
d. Hay ladder to loft taken by Defendants was replaced at a cost of $95.48
e. Barn repairs for downspouts removed, erosion of foundation due to
downspout destruction, screens destroyed, stall fronts cut and destroyed,
waterline damage causing replacement due to broken frost -free spigot, all in
the amount of $2,562.43
f. Water tanks: one 300 gallon water tank destroyed, one 100 gallon water tank
taken, both of which had to be replaced at a cost of $319.98
g. Drain pipe destroyed which was replaced at a cost of $12.99
h. Corner feeders which were taken or destroyed which were replaced at a cost
of $169.90
i. Trash cans which were destroyed by Defendants and replaced by Plaintiff at a
cost of $30.00
j. 50 pounds of feed belonging to Plaintiff which was destroyed by Defendants
and replaced by Plaintiffs at a cost of $13.43
k. 2 23inch horse collars belonging to Plaintiff taken by Defendants replaced at a
cost of $135.00
1. Single tree with snaps belonging to Plaintiff but taken by Defendants, replaced
by Plaintiffs at a cost of $30.00
m. Double tree with snaps belonging to Plaintiffs but taken by Defendants,
replaced by Plaintiff at a cost of $50.00
n. Hay destroyed by Defendants pasturing horses on hay field prior to making
hay from that field, Plaintiffs cost to replace lost hay $876.00
10. The Plaintiff and the Defendants entered into a further understanding concerning the
growing, cutting, baling, and use of the hay on the property at 368 Gameland Road
whereby Plaintiff, during the lease period, would supply hay to 10 horses of Defendants
in return for labor and assistance by Defendants in harvesting, raking, baling, and putting
hay in the barn at Gameland Road and the Conifer Road property which would be
sufficient for all the horses owned by both Plaintiff and Defendants.
11. Contrary to the agreement to help with making and storing of hay, Defendants failed and
refused to perform labor, help, or assist in the making and storage of hay.
12. Contrary to the agreement, Defendants used hay and fed hay to their horses which had all
been cut, raked, baled, and stored in the barn by Plaintiffs efforts alone and with minimal
assistance, help, or contribution by Defendants.
13. Because of Defendants increasing their horse herd beyond 10 horses and their use of
Plaintiff's hay, Plaintiff was required to buy extra hay for Plaintiff s horses.
14. Defendants were taking hay they were not entitled to take and feeding it to their horses
without the agreement of Plaintiff and contrary to Plaintiffs demands that Defendants not
use Plaintiffs hay.
15. Plaintiffs were forced to buy hay at market to feed their horses during winter months
because Defendants had used Plaintiffs hay to feed their horses all contrary to the express
agreement of the parties.
16. Plaintiff, over the course of the Defendants occupancy of the Gameland Road property
incurred expense for hay improperly consumed by Defendants horses, in the amount of
$17,514.00.
17. Plaintiff believes and therefore avers that the value of hay taken and used by Defendants
from July 2009, until Defendants left the property in September 2012 had a market value
of $17,514.00 and that they are owed that amount by Defendants for improperly taking
and feeding hay.
18. In July 2009, when Defendants moved into the dwelling the house was freshly painted,
carpets clean, all appliances in good working order and functioning properly.
19. On or about September 4, 2012, Defendants vacated the premises without notice to
Plaintiffs, leaving the dwelling house in a filthy condition reeking of dog urine and feces,
infested with fleas and other insects, and uninhabitable.
20. From July 2009, to on or about September 4, 2012, Defendants allowed the house to be
occupied by their large dogs and whelped puppies in the house all contrary to the
understanding of the parties when the lease was entered into July 2009.
21. Defendants during their leasehold permitted the dogs to urinate and defecate in the house
destroying the carpet in the house and causing all of the floors to reek of odors and cause
staining to the floors to a degree where the carpet had to be removed, the flooring
replaced, and all the ductwork being replaced.
22. Defendants during their leasehold destroyed the screens on windows and doors which
required replacement and during the leasehold allowed infestations of flies and other
insects which likewise infested the electrical switch plates, light bulbs, ceiling fan, and
light switches all of which necessitated replacing all electrical switches, plates, light
bulbs, ceiling fan, and repainting the entire house.
23. During the leasehold of Defendants, damage and holes to the drywall occurred all of
which was excessive and beyond any normal wear and tear.
24. During the leasehold of Defendants, the bay window was scratched by dogs so deeply as
to require extensive repair.
25. During the leasehold of Defendants, the appliances were clogged with dog hair, were not
cleaned or properly maintained and as a result the refrigerator was not in working order
in September 2012, requiring replacement.
26. During the leasehold of the Defendants, the plumbing was not properly maintained and
drains cleaned which necessitated the bathroom drain pipe being cut out and replaced to
remove the clog in the drain, all of which is not normal wear and tear.
27. Defendants, during the leasehold, failed and refused to mow the yard and maintain the
exterior of the house thus allowing vines to grow up in the windows and underneath the
siding causing damage to the windows and siding. Plaintiffs removed three loads of trash
from the yard and mowed the knee high grass.
28. Defendants during their leasehold caused damage to the dwelling house in the total
amount of $10,808.94, all of which was paid by Plaintiff to repair the dwelling to a
habitable condition.
WHEREFORE, Plaintiff does request this Honorable Court enter judgment in favor of Plaintiff
and against Defendants in the amount of $4,500.00 rent plus late charges, $10,808.94 damages to
the house, plus $27,707.32 for damages to the barn, fences, and hay expense.
Respectfully submitted,
414 , V V
Sally J. 6Vinder, Esquire
Attorney for Plaintiff
P.O. Box 341
Newville, PA 17241
Court ID 24705
VERIFICATION
I verify that the foregoing statements in the foregoing Complaint are true and correct to the best
of my knowledge, information, and belief and that as a member of Benchfield Farms LLC, I am
authorized to execute this verification. These statements are made either upon personal
knowledge or upon information received in the conduct of my position as Supervisor. This
statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn
falsifications to authorities, which provides that if I make knowingly false statements I may be
subject to criminal penalties.
Date: Z 3 12 /T
Linda H. Bunning, Member
I verify that the foregoing statements in the foregoing Complaint are true and correct to the best
of my knowledge, information, and belief and that as a member of Benchfield Farms LLC, I am
authorized to execute this verification. These statements are made either upon personal
knowledge or upon information received in the conduct of my position as Supervisor. This
statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn
falsifications to authorities, which provides that if I make knowingly false statements I may be
subject to criminal penalties.
Date: v
ro E. Bunning, Member
BENCHFIELD FARMS LEASE
UA
This lease agreement is made this Ab� Ir _ day of July, 2009, by and between
BENCHFILED FARMS, LLC, of 193 Conifer Road, Newville, Pennsylvania, (hereafter "Owner")
AND
MARGARET ROLES, of 193 Conifer Road, Newville, Pennsylvania, RAYMOND F. FETROW, of
--- ,Pennsylvania, and ERIC W. BENNETT, of - -, Pennsylvania, (hereafter, "Operators ")
THE PARTIES AGREE AS FOLLOWS:
1. DESCRIPTION OF FARM. The Owner in consideration of the terms specified herein,
leases to the Operators for agricultural and residential purposes the following legally
described property ( "real estate "): 368 Gameland Road, Newville, Pennsylvania, tax
parcel 44 -07- 0487 -026, located in Upper Mifflin Township, Cumberland County,
Pennsylvania, except the hayfields which are retained under this lease to the exclusive
control and use by Owner, and subject to all easements now existing or which the
Owner may grant in the future, such that the usefulness of the property is not reduced.
2. TERM OF LEASE. The term of the lease shall be for the period of one year beginning
July 1, 2009, and ending June 30, 2010, and continuing thereafter from year to year,
unless either party gives written notice to the other as specified by Pennsylvania law,
but in no case to be less than 30 days notice to quit.
3. PURPOSES OF THE LEASE. The Operators shall have the right to use the real estate for
the production of crops and livestock subject to the following limitations: the hayfields
are reserved to the use of Owner, and Owner reserves the right and privilege to use
pasture for the grazing and keeping of so many of Owner's horses as shall not interfere
with the keeping of Operators horses upon the real estate.
The following housing, buildings and storage structures located on the Real Estate may
be used by the Operators for the following purposes:
Structure Purpose
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In the event of damage or destruction of buildings or structures listed above the Owner
will have the option to replace them or provide their functional equivalent to the
Operator for the purposes described above within a reasonable period of time, or make
adjustment to the terms of this lease in lieu of replacement.
4. CASH RENT. Operators agree to pay Owner cash rent for the use of all of the Real Estate
as follows: MARGARET ROLES, $1,400.00 per month due and payable on the 1St day of
each month beginning July 1, 2009, and continuing on the f day of each month for the
term of the lease;
RAYMOND L. FETROW and ERIC W. BENNETT, $1,500.00 per month due and payable on
the 1 day of each month beginning July 1, 2009, and continuing on the 1 day of each
month for the term of the lease;
In the event the cash rent is not paid by the due dates, late fess shall be charged at the
rate of $5.00 per day beginning 5 days after the due date until paid. All cash rent is to be
paid to the Owner at the address on page 1 or at such other place as the Owner shall
direct in writing.
5. OPERATOR DUTIES AND CONDITIONS. Operators agree to:
a. Maintain the dwelling house in good order and repair less any ordinary wear and
tear and properly maintain the appliances, plumbing, and fixtures in good working
condition.
b. Pay all utility accounts for the utility services to the dwelling house including all
electric service and heat for the dwelling house.
c. Farm any land not reserved by Owner in an efficient and husband -like manner.
d. Use reasonable efforts to control weeds in fields and fence rows, road ditches, and
all other areas of the farm using best farming practices, but excluding
i
e. Protect all sirable vegetation, such as grass field borders, fence rows, grassed
waterways, wildlife cover, shrubs and trees.
f. Provide unskilled labor and equipment necessary in making minor repairs and
improvements to buildings and fences made necessary by ordinary wear and tear
or by the Operators' livestock or equipment.
g. Refrain from allowing livestock to pasture new seeding in the year seeded without
permission of the Owner.
h. Comply with all local, state, and federal laws and regulations governing all
activities related to the application of pesticides and commercial fertilizers, the
cultivation of crops and the compliance thereof. Follow label directions in the
handling and application of all chemicals used on the Real Estate, and follow all
applicator's licensing requirements. Comply with local, state, and federal laws and
regulations pertaining to groundwater contamination, manure disposal, and
hazardous waste storage or disposal.
i. Not allow any public use of the land without written consent of Owner.
& EXPENSES.
1. All materials and services related to the production of agricultural products or raising,
breeding, training, leasing or similar activities related to the keeping of horses on the Real
Estate shall be acquired and paid for by the Operators.
2. No expense shall be incurred for or on account of the Owner without first obtaining written
permission from the Owner. The Operators agree to take no action that might cause a
mechanic's lien or other lien to be imposed upon the Real Estate and agree to indemnify the
Owner if actions are taken by the Operators that result in such a lien being imposed.
7. REAL ESTATE AND PERSONAL PROPERTY TAXES. The Owner agrees to pay all taxes,
assessments, or other public charges levied or assessed by lawful authority against the Real
Estate. The Operator agrees to pay all personal property taxes, assessments, or other public
charges levied or assessed by lawful authority against the Operators' personal property on the
premises, during the term of the lease.
8. PARTICIPATION IN GOVERNMENT PROGRAMS. The participation in any offered program of
the United States Department of Agriculture or the federal, state, or county government
agencies for crop production, control, soil and water conservation, or other purposes shall be
mutually agreed upon by the Owner and Operator.
9. COMPENSATION FOR IMPROVEMENTS. The Operators may make improvements to buildings,
fences, or water systems at Operators' own expense and consistent with the terms of this
lease, provided consent of the Owner has been given and provided these improvements shall
not be removed when the Operator leaves the farm. The operator shall receive compensation
from the Owner for the undepreciated value of these improvements upon termination of the
lease, provided the value, depreciation starting date, and rate of depreciation have been
agreed upon in writing by Owner and Operators.
10. REMOVAL OF PORTABLE BUILDINGS. The Owner shall not be responsible for property
owned by the Operators. The Operators may remove from the farm any portable buildings
which the Operators have placed upon the farm at the Operators' expense. if such buildings are
not removed within 30 days of the termination of the lease, then such property shall be
deemed abandoned and Operators shall claim no further interest in it except by written
agreement between the Owner and the Operators.
11. WELL AND WATER SYSTEMS. Owner shall be responsible for repair, and replacement of
wells, water lines, well pumps, septic tanks and related equipment.
12. HOUSING. All expenses associated with occupancy of the dwelling house by Operators
including telephone, and garbage collection as well as utilities and heat (as already addressed
above) are the expense of the Operators. Minor repairs under $100.00 shall be paid by the
Operators. Repairs over this amount shall be made by mutual agreement of the Operators and
the Owner and paid for as agreed.
13. INSURANCE. Both the Operators and the Owner shall keep their respective property
interests reasonably insured against hazards and casualties. in the event of any damage to
crops, buildings, or improvements by any natural or man -made disaster, the Operators shall
inform the Owner within 48 hours. The Operators shall carry comprehensive general liability
insurance with limits of not less than $1.0 million and automobile liability insurance on all
owned, non - owned, hired, or leased automotive equipment in amounts of not less than
$15,000.00.
Both Owner and Operator hereby release the other from claims for recovery for any loss or
damage to any property owned by either party which is insured under valid and collective
insurance policies to the extent of any recovery collectible under such insurance. It is further
agreed that waiver shall apply only when permitted by the applicable policy of insurance.
14. RIGHT OF ENTRY. The Owner may enter the Real Estate at any reasonable time for the
purpose of consulting with the Operators, viewing the property, making repairs or
improvements, or for any reasonable purpose that does not interfere with the Operators'
ability to carry out regular farming operations.
15. The Operators agree not to lease or sublet any part of the Real Estate nor assign this lease
to any person, nor sublease any or all of the property described herein without written
permission of the Owner. This lease shall be binding upon the heirs, assignees, or successors in
interest of both parties. If the Owner should sell or otherwise transfer title to the Real Estate,
the Owner will do so subject to the provisions of this lease.
16. CHANGE IN LEASE TERMS. The conduct, representation, or statement of either party, by act
or omission, shall not be construed as a material alteration of this lease until such provision is.
reduced to writing and executed by all parties as an addendum to this lease.
17. INDEMNIFICATION. The Operator shall take possession of the premises subject to the usual
hazards of operating a farm and assume all the risks of accidents to the Operators and the
Operators' families, or agents, in pursuance of the farming operation, and in performing repairs
or improvements or other actions pursuant to to this lease. The Operators agree to indemnify,
defend and hold harmless the Owner against any liability and/or pat for any and all damages,
losses, or expenses incurred by the Owner in connection with leased premises, beyond that
covered by insurance due to Operators' negligence or failure to perform the terms of this lease.
The Owner agrees to indemnify, defend, and hold harmless the Operators' against any liability
and /or pay for any and all damages, losses, or expenses incurred by the Operators in
connection with the leased premises, beyond that covered by insurance, due to Owner's
negligence or failure to perform the terms of this lease.
18. NO PARTNERSHIP. it is understood and agreed that this lease shall not be deemed to be nor
intended to give rise to a partnership relation.
It is further understood that all parties have read the terms and provisions of this lease
agreement and have agreed to abide by the terms and provisions herein.
OPERATORS: OWNER, BENCHFIEI.D FARMS LLC
b z.---
Member
C b W1
Member
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson
Sheriff 4µi ! I P O:I";-i ui 6
Jody S Smith Iva,
Chief Deputy 2013 NOV 20 AM IT G�I
Richard W Stewart CUMBE,RLAHO COUNTY
Solicitor OFFICE AFTKESKE err PENNSYLVANIA
Benchfield Farms LLC
vs. Case Number
Raymond F Fetrow(et al.) 2013-6248
SHERIFF'S RETURN OF SERVICE
11/15/2013 03:15 PM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint&
Notice by"personally" handing a true copy to a person representing themselves to be the Defendant,to
wit: Raymond F Fetrow at 301 Airport Road, Southampton Township, Shippensburg, PA 17257.
RYAN BURGETT, DEPUTY
11/15/2013 03:15 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint&
Notice by handing a true copy to a person representing themselves to be Raymond Fetrow, partner, who
accepted as"Adult Person in Charge"for Eric Bennett at 301 Airport Road, Southampton Township,
Shippensburg, PA 17257.
RYAN BURG TT, DEPUTY
SHERIFF COST: $51.06 SO ANSWERS,
November 18, 2013 RoNtV R ANDERSON, SHERIFF
(c)CountySuile Sheriff,releosoft,!nc.
Hubert X. Gilroy, Esquire t F`'tC� �U` '
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 2313 NOS! 25 PH 1: 42
MARTSON LAW OFFICES
I.D. 29943 CUMBERLAND COUNT
10 East High Street PENNSYLVANIA
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
BENCHFIELD FARMS, LLC, IN THE COURT OF COMMON PLEAS OF
Plaintiff COUNTY, PENNSYLVANIA
V. NO. 2013-6248
CIVIL ACTION - LAW
RAYMOND F. FETROW AND
ERIC W. BENNETT,
Defendants
Defendants, Raymond F. Fetrow, and Eric W. Bennett, by their attorneys, Martson Law
Offices, set forth the following in response to the Complaint filed in the above matter:
PRELIMINARY OBJECTIONS
FAILURE TO JOIN INDISPENSABLE PARTY
1. The above captioned action is based upon an alleged lease agreement that is attached
as Exhibit `A' of Plaintiff's Complaint.
2. The lease agreement suggests it is between the Plaintiff, Margaret Roles,Raymond
F. Fetrow and Eric W. Bennett.
3. Plaintiff did not join Margaret Roles as party to this action.
4. Margaret Roles is a necessary party to the action in her capacity as a party to the
alleged lease agreement and,on that basis,failure to join Ms.Roles constitutes a fatal
defect and merits the dismissal of Plaintiff's Complaint.
WHEREFORE, Defendants request this Honorable Court to dismiss Plaintiff's Complaint.
MARTSON LAW OFFICES
By
Hubert X. G' roy, Esquire
10 East Hi Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
Dated: November 1 , 2013
THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL DIVISION
C) „ (,--,
BENCHFIELD FARMS,LLC,
cz Plaintiff : No. Civil 2013- 6248 z �° r;
V. •
•
RAYMOND F. FETROW AND, = c�
ERIC W. BENNETT : Civil Action-Law c.,
Defendants
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the
following pages, you must take action within twenty(20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing 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 SHOULD
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.
• IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
NOTICE TO DEFEND& LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 South Bedford Streey
Carlisle,PA 17013
Phone(717)249-3166
(800) 990-9108
•
THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
: CIVIL DIVISION
BENCHFIELD FARMS,LLC, •
Plaintiff : No. Civil 2013-6248
v.
•
RAYMOND F.FETROW AND, .
ERIC W.BENNETT : Civil Action-Law
Defendants
AMENDED COMPLAINT
COMES NOW,Benchfield Farms,LLC,by and through its counsel, Sally J. Winder,
Esquire, and does file the following Amended Complaint.
1. Plaintiff is Benchfield Farms, LLC, s duly organized and existing Pennsylvania Limited
Liability Company having a principal business address at 193 Conifer Road, Cumberland
County,Newville,Pennsylvania, 17241.
2. Defendants are Raymond F. Fetrow and Eric W. Bennett, sui juris adult individuals,who
currently reside at 301 Airport Road, Cumberland County, Shippensburg,Pennsylvania,
17257.
3. Plaintiff and Defendants entered into a lease agreement dated July 12,2009(hereinafter,
"the Lease"), whereby Defendants leased property at 368 Gameland Road,Upper Mifflin
Township,Cumberland County,Pennsylvania, under the specific terms of that lease, a
true and correct copy of which is marked"Exhibit A"attached hereto and incorporated
by reference.
4. Although Margaret Roles was also a Lessee named on the Lease, she did not occupy the
residence at 368 Gameland Road, Upper Mifflin Township, and Defendants Fetrow and
Bennett treated the house as their private residence prohibiting any use by Margaret
Roles.
5. Defendants Fetrow and Bennett treated the barn and sheds as.provided for their exclusive
use likewise thus preventing Margaret Roles from occupying the barn and sheds except
for occasional use of the stallion stall and a small paddock which she maintained in good
order as required under the terms of the lease.
6. The actions of Defendants Fetrow and Bennett effectively modified the terms of the lease
such that the Defendants treated the residence,barn,and pasture as being under their sole
control thereby interfering with all attempts of Margaret Roles to use the property.
7. Therefore,Plaintiff's claims against Defendants arise directly from the actions of
Defendants to the exclusion of Margaret Roles.
8. Under the terms of the lease Defendants were to maintain the dwelling house in good
repair and use and maintain the barn and other structures on the property in good order
and keep the fences repaired using good farming and husbandry practices in the raising of
crops and livestock including the raising and breeding of horses.
9. At the time of entering into the Lease,Defendants owned approximately ten Clydesdale
horses and five golden retrievers, all of which were to be housed in the barn.
10. Contrary to the agreement of the Plaintiff and Defendants,the number of horses was
increased from 10 to 20 during the tenancy of Defendants and the dogs were moved into
the dwelling house where various litters of pups were whelped and significant damage to
the interior of the dwelling house occurred.
11. Plaintiff gave notice of termination of the Lease effective June 30,2012.
12. Defendants failed to pay the monthly September 2012, October 2012,and November
2012 rent all in the like sum of$1,500.00 per month for a total monthly rent due and
unpaid of$4,500.00, plus late charges of$5.00 per day for each and every day after the
5th day following the due date which was the first day of each month and continuing until
December 1,2012, when the property was subsequently leased.
13. Contrary to the terms of the Lease,the Defendants failed to maintain the property in good
repair causing the following damages resulting in repairs and expenses of Plaintiff,all as
set forth below:
a. Fence damages causing replacement of fence,fence tighteners,insulators,
grips, crimps,brace pins, gate posts, fence posts, t-posts, and overhead
supports all in the amount of$990.10
b. Gates, latches,clips,chains,etc. all of which were damaged or removed and
required replacement of snaps, chain,gates, stock panels, stall gates, sliding
door on the stud stall, and replacement of the gates, latches, chains, gates,and
panels all in the amount of$3,560.73
c. Hitching rail/wash area destroyed causing repair of the hitching rail,
replacement of 3 rubber mats and labor to do repairs, all in the amount of
$347.28
d. Hay ladder to loft taken by Defendants was replaced at a cost of$95.48
e. Barn repairs for downspouts removed, erosion of foundation due to
downspout destruction, screens destroyed, stall fronts cut and destroyed,
waterline damage causing replacement due to broken frost-free spigot, all in
the amount of$2,562.43
f. Water tanks: one 300 gallon water tank destroyed, one 100 gallon water tank
taken,both of which had to be replaced at a cost of$319.98
g. Drain pipe destroyed which was replaced at a cost of$12.99
h. Corner feeders which were taken or destroyed which were replaced at a cost
of$169.90
i. Trash cans which were destroyed by Defendants and replaced by Plaintiff at a
cost of$30.00
j. 50 pounds of feed belonging to Plaintiff which was destroyed by Defendants
and replaced by Plaintiffs at a cost of$13.43
k. 2 23inch horse collars belonging to Plaintiff taken by Defendants replaced at a
cost of$135.00
1. Single tree with snaps belonging to Plaintiff but taken by Defendants, replaced
by Plaintiffs at a cost of$30.00
m. Double tree with snaps belonging to Plaintiffs but taken by Defendants,
replaced by Plaintiff at a cost of$50.00
n. Hay destroyed by Defendants pasturing horses on hay field prior to making
hay from that field,Plaintiffs cost to replace lost hay$876.00
14. The Plaintiff and the Defendants entered into a further understanding concerning the
growing, cutting, baling, and use of the hay on the property at 368 Gameland Road
whereby Plaintiff, during the lease period, would supply hay to 10 horses of Defendants
in return for labor and assistance by Defendants in harvesting, raking,baling, and putting
hay in the barn at Gameland Road and the Conifer Road property which would be
sufficient for all the horses owned by both Plaintiff and Defendants.
15. Contrary to the agreement to help with making and storing of hay,Defendants failed and
refused to perform labor, help, or assist in the making and storage of hay.
16. Contrary to the agreement, Defendants used hay and fed hay to their horses which had all
been cut, raked, baled, and stored in the barn by Plaintiffs efforts alone and with minimal
assistance, help, or contribution by Defendants.
17. Because of Defendants increasing their horse herd beyond 10 horses and their use of
Plaintiff's hay,Plaintiff was required to buy extra hay for Plaintiff's horses.
18. Defendants were taking hay they were not entitled to take and feeding it to their horses
without the agreement of Plaintiff and contrary to Plaintiffs demands that Defendants not
use Plaintiffs hay.
19. Plaintiffs were forced to buy hay at market to feed their horses during winter months
because Defendants had used Plaintiffs hay to feed their horses all contrary to the express
agreement of the parties.
20. Plaintiff, over the course of the Defendants occupancy of the Gameland Road property
incurred expense for hay improperly consumed by Defendants horses, in the amount of
$17,514.00.
21. Plaintiff believes and therefore avers that the value of hay taken and used by Defendants
from July 2009, until Defendants left the property in September 2012 had a market value
of$17,514.00 and that they are owed that amount by Defendants for improperly taking
and feeding hay.
22. In July 2009, when Defendants moved into the dwelling the house was freshly painted,
carpets clean, all appliances in good working order and functioning properly.
23. On or about September 4, 2012,Defendants vacated the premises without notice to
Plaintiffs, leaving the dwelling house in a filthy condition reeking of dog urine and feces,
infested with fleas and other insects, and uninhabitable.
24. From July 2009,to on or about September 4, 2012,Defendants allowed the house to be
occupied by their large dogs and whelped puppies in the house all contrary to the
understanding of the parties when the lease was entered into July 2009.
25. Defendants during their leasehold permitted the dogs to urinate and defecate in the house
destroying the carpet in the house and causing all of the floors to reek of odors and cause
staining to the floors to a degree where the carpet had to be removed,the flooring
replaced, and all the ductwork being replaced.
26. Defendants during their leasehold destroyed the screens on windows and doors which
required replacement and during the leasehold allowed infestations of flies and other
insects which likewise infested the electrical switch plates, light bulbs, ceiling fan, and
light switches all of which necessitated replacing all electrical switches, plates, light
bulbs, ceiling fan, and repainting the entire house.
27. During the leasehold of Defendants, damage and holes to the drywall occurred all of
which was excessive and beyond any normal wear and tear.
28. During the leasehold of Defendants,the bay window was scratched by dogs so deeply as
to require extensive repair.
29. During the leasehold of Defendants,the appliances were clogged with dog hair, were not
cleaned or properly maintained and as a result the refrigerator was not in working order
in September 2012, requiring replacement.
30. During the leasehold of the Defendants,the plumbing was not properly maintained and
drains cleaned which necessitated the bathroom drain pipe being cut out and replaced to
remove the clog in the drain, all of which is not normal wear and tear.
31. Defendants, during the leasehold, failed and refused to mow the yard and maintain the
exterior of the house thus allowing vines to grow up in the windows and underneath the
siding causing damage to the windows and siding. Plaintiffs removed three loads of trash
from the yard and mowed the knee high grass.
32. Defendants during their leasehold caused damage to the dwelling house in the total
amount of$10,808.94, all of which was paid by Plaintiff to repair the dwelling to a
habitable condition.
WHEREFORE,Plaintiff does request this Honorable Court enter judgment in favor of Plaintiff
and against Defendants in the amount of$4,500.00 rent plus late charges, $10,808.94 damages to
the house, plus $27,707.32 for damages to the barn, fences, and hay expense all of which
constitutes a claim within the compulsory arbitration limits as set forth in the Cumberland
County Local Rules of Court.
Respectfully submitted,
Sally J. k inder,Esquire
Attorney for Plaintiff
P.O. Box 341
Newville,PA 17241
Court ID 24705
VERIFICATION
I verify that the foregoing statements in the foregoing Amended Complaint are true and correct
to the best of my knowledge, information, and belief and that as a member of Benchfield Farms
LLC, I am authorized to execute this verification. These statements are made either upon
personal knowledge or upon information received in the conduct of my position as Member of
the LLC. This statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsifications to authorities, which provides that if I make knowingly false statements I
may be subject to criminal penalties.
Date: ( 2-
Li da H. Bunning,Member i(j7
I verify that the foregoing statements in the foregoing Amended Complaint are true and correct
to the best of my knowledge, information,and belief and that as a member of Benchfield Farms
LLC, I am authorized to execute this verification. These statements are made either upon
personal knowledge or upon information received in the conduct of my position as Member of
the LLC. This statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsifications to authorities, which provides that if I make knowingly false statements I
may be subject to criminal penalties.
Date: -24. ( 3 \ y
Leroy E. Bunning, Me er
BENCHFIELD FARMS LEASE
This lease agreement is made this
IA of July,2009,by and between
BENCHFILED FARMS,LLC,of 193 Conifer Road,Newville,Pennsylvania,(hereafter"Owner")
AND
MARGARET ROLES,of 193 Conifer Road,Newvilte,Pennsylvania, RAYMOND F.FETROW,of
---,Pennwlvania,and ERIC W. BENNETT,of--,Pennsylvania,(hereafter,"Operators")
THE'PARTIES AGREE AS FOLLOWS:
1. DESCRIPTION OF FARM.The Owner in consideration of the terms specified herein,
leases to the Operators for agricultural and residential purposes the following legally
described property("real estate"):368 Gameland Road,NewvIlle,Pennsylvania,tax
parcel 44-07-0487-026, located in Upper Mifflin Township,Cumberland County,
Pennsylvania,except the hayfields which are retained under this lease to the exclusive
control and use by Owner,and subject to all easements now existing or which the
Owner may grant in the future,such that the usefulness of the property is not reduced.
2. TERM OF LEASE.The term of the lease shall be for the period of one year beginning
July 1,2009,and ending June 30,2010,and continuing thereafter from year to year,
unless either party gives written notice to the other as specified by Pennsylvania law,
but in no case to be less than 30 days notice to quit.
3. PURPOSES OF THE LEASE.The Operators shall have the right to use the real estate for
the production of crops and livestock subject to the following limitations:the hayfields
are reserved to the use of Owner,and Owner reserves the right and privilege to use
pasture for the grazing and keeping of so many of Owner's horses as shall not interfere
with the keeping of Operators horses upon the real estate.
The following housing,buildings and storage structures located on the Real Estate may
be used by the Operators for the following purposes:
Structure Purpose
3Wricom to L,` ti;ri9 ,4cco
&rfll j`
61i
f? 4s - I1)Medal/ Gratjn5hoir31,311ilite6Mr•L
4IEoiprnéJ l e ` ACCCC4IA'OXOt
In the event of damage or destruction of buildings or structures listed above the Owner
will have the option to replace them or provide their functional equivalent to the
Operator for the purposes described above within a reasonable period of time,or make
adjustment to the terms of this lease in lieu of replacement.
4. CASH RENT.Operators agree to pay Owner cash rent for the use of all of the Real Estate
as follows:MARGARET ROLES,$1,400.00 per month due and payable on the 1g day of
each month beginning July 1, 2009,and continuing on the e day of each month for the
term of the lease;
RAYMOND L FETROW and ERIC W. BENNETT,$1,500.00 per month due and payable on
the 1P day of each month beginning July 1,2009,and continuing on the 1 day of each
month for the term of the lease;
in the event the cash rent is not paid by the due dates, late fess shall be charged at the
rate of$5.00 per day beginning 5 days after the due date until paid.All cash rent is to be
paid to the Owner at the address on page 1 or at such other place as the Owner shall
direct in writing.
5. OPERATOR DUTIES AND CONDITIONS. Operators agree to:
a. Maintain the dwelling house in good order and repair less any ordinary wear and
tear and properly maintain the appliances,plumbing, and fixtures in good working
condition.
b. Pay all utility accounts for the utility services to the dwelling house including all
electric service and heat for the dwelling house.
c. Farm any land not reserved by Owner in an efficient and husband-like manner.
d. Use reasonable efforts to control weeds in fields and fence rows, road ditches, and
all other areas of the farm using best farming practices, but excluding
i
e. Protect all arable vegetation,such as grass field borders,fence rows,grassed
waterways,wildlife cover,shrubs and trees.
f. Provide unskilled labor and equipment necessary in making minor repairs and
improvements to buildings and fences made necessary by ordinary wear and tear
or by the Operators'livestock or equipment.
g. Refrain from allowing livestock to pasture new seeding in the year seeded without
permission of the Owner.
h. Comply with all local,state, and federal laws and regulations governing all
activities related to the application of pesticides and commercial fertilizers,the
Cultivation of crops and the compliance thereof. Follow label directions in the
handling and application of all chemicals used on the Real Estate,and follow all
applicator's licensing requirements.Comply with local,state,and federal laws and
regulations pertaining to groundwater contamination,manure disposal,and
hazardous waste storage or disposal.
i. Not allow any public use of the land without written consent of Owner.
6. EXPENSES.
1.All materials and services related to the production of agricultural products or raising,
breeding,training,leasing or similar activities related to the keeping of horses on the Real
Estate shall be acquired and paid for by the Operators.
2.No expense shalt be incurred for or on account of the Owner without first obtaining written
permission from the Owner.The Operators agree to take no action that might cause a
mechanic's lien or other lien to be imposed upon the Real Estate and agree to indemnify the
Owner If actions are taken by the Operators that result in such a lien being imposed.
7. REAL ESTATE AND PERSONAL PROPERTY TAXES.The Owner agrees to pay all taxes,
assessments,or other public charges levied or assessed by lawful authority against the Real
Estate.The Operator agrees to pay all personal property taxes,assessments,or other public
charges levied or assessed by lawful authority against the Operators'personal property on the
premises,during the term of the lease.
8. PARTICIPATION IN GOVERNMENT PROGRAMS.The participation in any offered program of
the United States Department of Agriculture or the federal,state,or county government
agencies for crop production,control,soil and water conservation,or other purposes shall be
mutually agreed upon by the Owner and Operator.
9. COMPENSATION FOR IMPROVEMENTS.The Operators may make improvements to buildings,
fences,or water systems at Operators'own expense and consistent with the terms of this
lease,provided consent of the Owner has been given and provided these improvements shall
not be removed when the Operator leaves the farm.The operator shall receive compensation
from the Owner for the undepreclated value of these improvements upon termination of the
lease,provided the value,depreciation starting date,and rate of depredation have been
agreed upon in writing by Owner and Operators.
10.REMOVAL OF PORTABLE BUILDINGS.The Owner shall not be responsible for property
owned by the Operators.The Operators may remove from the farm any portable buildings
which the Operators have placed upon the farm at the Operator?expense. If such buildings are
not removed within 30 days of the termination of the lease,then such property shall be
deemed abandoned and Operators shall claim no further interest in it except by written
agreement between the Owner and the Operators.
11. WELL AND WATER SYSTEMS.Owner shall be responsible for repair,and replacement of
wells,water lines,well pumps,septic tanks and related equipment.
12. HOUSING.All expenses associated with occupancy of the dwelling house by Operators
including telephone,and garbage collection as well as utilities and heat(as already addressed
above)are the expense of the Operators.Minor repairs under$100.00 shall be paid by the
Operators.Repairs over this amount shall be made by mutual agreement of the Operators and
the Owner and paid for as agreed.
13.INSURANCE. Both the Operators and the Owner shall keep their respective property
interests reasonably insured against hazards and casualties.in the event of any damage to
crops,buildings,or improvements by any natural or man-made disaster,the Operators shall
inform the Owner within 48 hours.The Operators shall carry comprehensive general liability
insurance with limits of not less than$1.0 million and automobile liability insurance on all
owned,d non-owned, hired,or leased automotive equipment in amounts of not less than
$15,/�.0G.
Both Owner and Operator hereby release the other from claims for recovery for any loss or
damage to any property owned by either party which is insured under valid and collective
insurance policies to the extent of any recovery collectible under such insurance. It is further
agreed that waiver shall apply only when permitted by the applicable policy of insurance.
14.RIGHT OF ENTRY.The Owner may enter the Real Estate at any reasonable time for the
purpose of consulting with the Operators,viewing the property,making repairs or
improvements,or for any reasonable purpose that does not interfere with the Operators'
ability to carry out regular farming operations.
15.The Operators agree not to lease or sublet any part of the Real Estate nor assign this lease
to any person,nor sublease any or all of the property described herein without written
permission of the Owner.This lease shall be binding upon the heirs,assignees,or successors in
interest of both parties, If the Owner should sell or otherwise transfer title to the Real Estate,
the Owner will do so subject to the provisions of this lease.
16.CHANGE IN LEASE TERMS.The conduct,representation,or statement of either party,by act
or omission,shall not be construed as a material alteration of this lease until such provision is
reduced to writing and executed by all parties as an addendum to this lease.
17.INDEMNIFICATION.The Operator shall take possession of the premises subject to the usual
hazards of operating a farm and assume all the risks of accidents to the Operators and the
Operators'families,or agents,in pursuance of the farming operation,and in performing repairs
or improvements or other actions pursuant to to this lease.The Operators agree to indemnify,
defend and hold harmless the Owner against any liability and/or pat for any and all damages,
losses,or expenses incurred by the Owner in connection with leased premises,beyond that
covered by insurance due to Operators'negligence or failure to perform the terms of this lease.
The Owner agrees to indemnify,defend,and hold harmless the Operators'against any liability
and/or pay for any and all damages,losses,or expenses incurred by the Operators in
connection with the leased premises,beyond that covered by insurance,due to Owner's
negligence or failure to perform the terms of this lease.
18.NO PARTNERSHIP.It is understood and agreed that this lease shall not be deemed to be nor
intended to give rise to a partnership relation.
It is further understood that all parties have read the terms and provisions of this lease
agreement and have agreed to abide by the terms and provisions herein.
OPERATORS: OWNER, BENCHFIELD FARMS LLC
hit If
! wr bY Member
bf .YATA n1
Member
THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
: CIVIL DIVISION
BENCHFIELD FARMS,LLC, .
Plaintiff : No. Civil 2013-6248
v. .
RAYMOND F. FETROW AND, .•
ERIC W. BENNETT : Civil Action -Law
Defendants .
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of Plaintiff's Amended Complaint by
depositing same in the United States Postal Service, first class postage prepaid on the 9thth day
of December, 2013 addressed as follows:
Hubert X. Gilroy,Esq.
Martson Law Office
10 East High St
Carlisle, PA 17013
4,11 j tO t-
Sally I inder,Esquire
CtID 24705
P.O. Box 341
Newville,PA 17241
(717)776 6656
I'� r
Hubert X. Gilroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER ' "' r ` 1
MARTSON LAW OFFICES 713 DEC 20 AM 9. 14
I.D. 29943
10 East High Street OUNBERLA D CO„N n,
Carlisle, PA 17013 PENNSYLVANIA
(717) 243-3341
Attorneys for Defendants
BENCHFIELD FARMS, LLC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : COUNTY, PENNSYLVANIA
v. : NO. 2013-6248
: CIVIL ACTION - LAW
RAYMOND F. FETROW AND
•
ERIC W. BENNETT,
•
Defendants
Defendants, Raymond F. Fetrow, and Eric W. Bennett, by their attorneys, Martson Law
Offices, set forth the following:
PRELIMINARY OBJECTIONS
1. Plaintiff in the above captioned action filed its original complaint on October 23,
2013.
2. Defendants filed Preliminary Objections to the original complaint on November 25,
2013.
3. Plaintiff has filed an amended complaint on December 9, 2013.
4. Plaintiffs amended complaint is based upon an alleged lease agreement between the
parties attached as Exhibit A of Plaintiff's amended complaint.
5. Margaret Roles is a party to the lease agreement, but Plaintiffs have not named
Margaret Roles as a party in this litigation.
6. Plaintiffs make various allegations in paragraphs 4 through 7 of the amended
complaint as to why they should not name Margaret Roles as a party to this action.
7. As a party to the alleged lease agreement which forms the basis for the amended
complaint, Margaret Roles is a necessary party to the action and the failure to join
Ms. Roles constitutes a fatal defect and merits the dismissal of Plaintiffs' complaint.
k �
WHEREFORE,Defendants respectfully request this Honorable Court to dismiss Plaintiff's
Complaint.
MARTSON LAW OFFICES
By
•ert X. Gilt-► , Esquire
10 East Hig treet
Carlisle, P : 17013
(717) 2A -3341
Attorn-ys for Defendants
Dated: December Q0 , 2013
c/61,z
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
CAPTION OF CASE
(entire caption must be stated in full)
xr-
r—
BENCHFIELD FRAMS, LLC, PLAINTIFF -0=
BENCHFIELD FARMS, LLC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2013-6248
: CIVIL ACTION - LAW
RAYMOND F. FETROW AND
ERIC W. BENNETT,
Defendants
ORDER
AND NOW, this day of April, 2014, upon consideration of the parties' Joint
Stipulation, the Court orders the following:
1. Defendants Preliminary Objections to Plaintiff's Amended Complaint are deemed
withdrawn.
2. Defendants will file an Answer within twenty (20) days of today's date.
By the Court,
Distribution:
Hubert X. Gilroy, Esquire
Katie J. Maxwell, Esquire
Attorneys for Defendants
Sally J. Winder, Esquire
Attorney for Plaintiff
Apr.03.2014 07:34 AM Sally Winder
717 776 1245
Hubert X. Gilroy, Esquire
1.D. 29943
Katie J. Maxwell, Esquire
I.D. No. 206018
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Defendants
PAGE.
BENCHFIELD ARMS, LLC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO.2013 -6248
: CIVIL ACTION - LAW
RAYMOND F. FETROW AND
ERIC W. BENNETT,
Defendants
JOIN STIPULATION
PlaintiffBenchfield Farms, LLC, and Defendants Raymond F, Fetrow and Eric W. Bennett,
hereby stipulate to the following:
1. Defendants have filed Preliminary Objections which are scheduled for argument on
Friday, April 4, 2014.
2. Defendants hereby withdraw their Preliminary Objections.
3, Defendants will file an Answer within twenty (20) days of the Court's Order.
WHEREFORE, the parties respectfully request this Honorable Court to enter an Order
withdrawing Defendants' Preliminary Objections and ordering Defendants to file an Answer within
twenty (20) days.
Sally , Esquire
I.D. No. 24705
P.O. Box 341
Newville, PA 17241
Dated: LI
MARTSON LAW OFFICES
Y:, /�Q _.
Hubert X 4 toy, Esquire
I.D. No. 29.943
Katie J. Maxwell, Esquire
I.D, No, 206018
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Defendants
d: 3/q
2
BENCHFIELD FARMS, LLC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2013-6248
: CIVIL ACTION - LAW
RAYMOND F. FETROW AND
ERIC W. BENNETT,
Defendants
ORDER
AND NOW, this 3'- day of April, 2014, upon consideration of the parties' Joint
Stipulation, the Court orders the following:
1. Defendants Preliminary Objections to Plaintiffs Amended Complaint are deemed
withdrawn.
2. Defendants will file an Answer within twenty (20) days of today's date.
Pistribution:
./ Hubert X. Gilroy, Esquire
Katie J. Maxwell, Esquire
Attorneys for Defendants
J. Winder, Esquire
Attorney for Plaintiff'
By the Court,
J.
BENCHFIELD FARMS, LLC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO.2013 -6248
: CIVIL ACTION - LAW
RAYMOND F. FETROW AND
ERIC W. BENNETT,
Defendants
ORDER
AND NOW, this �% day of April, 2014, upon consideration of the parties' Joint
Stipulation, the Court orders the following:
1. Defendants Preliminary Objections to Plaintiff's Amended Complaint are deemed
withdrawn.
2. Defendants will file an Answer within twenty (20) days of today's date.
Distribution:
Hubert X. Gilroy, Esquire
,Katie J. Maxwell, Esquire
Attorneys for Defendants
ally J. Winder, Esquire J
Attorney for Plaintiff
N.)
Al*;r.03.2014 07:34 AM Sally Winder
717 776 1245
Hubert X. Gilroy, Esquire
I.D. 29943
Katie J. Maxwell, Esquire
I.D. No. 206018
MARTSON DEARDORFF WILLIAMS OTT`O GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Defendants
BENCHFIELD ARMS, LLC,
Plaintiff
v.
RAYMOND F. FETROW AND
ERIC W. BENNETT,
Defendants
IN THE COURT OF
: CUMBERLAND CO
: NO.2013 -6248
: CIVIL ACTION - LA
•
,IOINTITIPULATION
Plaintiff Benchiield Farms, LLC, and Defendants Raymond F. F
hereby stipulate to the following:
1. Defendants have filed Preliminary Objections which are
Friday, April 4, 2014.
2. Defendants hereby withdraw their Preliminary Objectio
PAGE.
2
OMMON PLEAS OF
TY, PENNSYLVANIA
trow and Eric W. Bennett,
heduled for argument on
3. Defendants will file an Answer within twenty (20) days of the Court's Order.
WHEREFORE, the parties respectfully request this Honorabl Court to enter an Order
withdrawing Defendants' Preliminary Objections and ordering Defend is to file an Answer within
twenty (20) days.
Sally J. i'nder, Esquire
I.D. No. 24705
P.O. Box 341
Newville, PA 17241
Dated: LI 15) 14
MARTSON LAW OFFI •ES
By :(��
Hubert X flfoy, Es • uire
I.U. No, 9943
Katie J. Maxwell, Esq
LD, No, 206018
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Defend ; is
Dated: 3/1
P:
`iL-_D-OF" 1- I`
F:\FILES\Clients\14791 Fetrow\14791.2\14791.2.ans.amended complaint.wpd 4. 1 TH E P RO TE 1 0 N 0 T R
2O ,iiAY -5 Pik 2: 33
Hubert X. Gilroy, Esquire L► �q B E R L A t�'I) COUNTY
I.D. 29943 PENNSYLVANIA
Katie J. Maxwell, Esquire
I.D. No. 206018
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
BENCHFIELD FARMS, LLC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO.2013-6248
: CIVIL ACTION - LAW
RAYMOND F. FETROW AND
ERIC W. BENNETT,
Defendants
ANSWER WITH NEW MATTER AND COUNTERCLAIM
TO PLAINTIFF'S FIRST AMENDED COMPLAINT
TO: BENCHFIELD FARMS, LLC, Plaintiff, and SALLY J. WINDER, ESQUIRE, its
attorney
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE
HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
AND NOW, come Defendants, Raymond F. Fetrow and Eric W. Bennett, by and through
their attorneys, Martson Law Offices, and in support of their Answer to Plaintiff's Amended
Complaint aver as follows:
1. Admitted.
2. Denied. To the extent that a response is required, Defendants are adult individuals
who currently reside at 301 A Airport Road, Shippensburg, Pennsylvania 17257.
3. Denied as stated. To the extent that a response is required, Exhibit "A" of Plaintiff's
Complaint is a document which speaks for itself to which no additional response is required. By
way of further response, Defendants admit that they entered into a Lease Agreement dated July 12,
2009, with the Plaintiff for the lease of property at 368 Gameland Road, Upper Mifflin Township,
Cumberland County, Pennsylvania, but deny that Exhibit "A" of Plaintiff's Complaint is a true and
accurate copy of the Lease,they signed. Attached as Exhibit 1 is a true and accurate copy of the lease
signed by Defendants.
4. Admitted in part and denied in part. It is admitted that Margaret Roles ("Roles") was
also a lessee named on the Lease. It is denied that Margaret Roles did not occupy the residence at
368 Gameland Road. Roles and her boyfriend occupied the master bedroom, and used a second
bedroom as a trophy room, a third bedroom was used by Roles' boyfriend to store his personal
effects.
5. Denied. Roles had equal access to the barn and sheds as did Defendants Fetrow and
Bennett. Roles used the stallion pen to the exclusion of Fetrow and Bennett. Roles used the shed
on the property exclusively for her own storage.
6. Denied. Roles had equal access to the property as Fetrow and Bennett. Roles
accessed the property daily with her boyfriend.
7. Denied. Roles had equal access to the property as Fetrow and Bennett, and used and
accessed the property on a daily basis.
8. Admitted. By way of further response, Roles was, under the terms of the Lease, also
responsible to maintain the dwelling house in good repair and maintain the barn and other structures
on the property in good order.
9. Denied as stated, to the extent a response is required Defendants owned 16
Clydesdales and 5 golden retrievers at the time they entered into the lease with Plaintiffs. All parties
were in agreement that the Clydesdales would be housed in the barn and that the golden retrievers
were permitted in the house.
10. Denied as stated. Defendants were permitted a maximum number of 18 horses during
the term of the lease, and that number was never changed during their tenancy. As agreed upon by
the parties, the Defendants' dogs were always permitted to live in the house. It is denied that
significant damage to the interior of the dwelling house occurred as a result of the dogs staying in
the home.
11. Admitted. By way of further response, the lease attached as Exhibit 1 required a six
month notice of termination of the lease. Plaintiffs gave notice to Defendants of termination of the
lease on May 7, 2012 with an effective date of June 30, 2012 despite the 6 month notice to quit
provision required of the lease.
12. Denied as stated. Defendants did not pay rent in September, October, or November
2012 because Plaintiffs terminated the lease by serving Defendants with a notice to quit in May.
Defendants were constructively evicted from the property due to Plaintiffs' and Roles' conduct
towards Defendants.
13. (a-n) Denied as a conclusion of law to which no response is required. Defendants dispute
the damaged alleged in these paragraphs and the cost of the repairs.
14. Denied. Plaintiff and Defendants never had a discussion regarding the supplying of
hay to 10 horses. Defendants were always under the understanding that they were permitted 18
horses at the property.
15. Denied. Defendants often participated in labor on the property and frequently were
the only parties making hay.
16. Denied. To the extent that a response is required, Defendants assisted with the
cutting, raking, bailing and storage of hay in the barn.
17. Denied. Defendants always had 16 horses, and Plaintiffs were aware of the 16 horses
at all times. By way of further response, Plaintiffs were not required to supply extra hay for
Defendants' horses because Defendants provided their own hay for their horses by renting an
additional 15 acres at a neighboring farm.
18. Denied. Defendants did not take any hay to which they were not authorized to take.
19. Denied, after reasonable investigation Defendants are without information sufficient
to admit or deny the averments of this paragraph.
20. Denied, after reasonable investigation Defendants are without information sufficient
to admit or deny the averments of this paragraph.
21. Denied, after reasonable investigation Defendants are without information sufficient
to admit or deny the averments of this paragraph.
22. Denied. To the extent that a response is required, the only rooms that were freshly
painted when Defendants moved in were the kitchen, dining and living rooms. The carpets in the
living room and hallway were not cleaned after the previous owners moved out.
23. Admitted in part and denied in part. It is admitted that Defendants moved out of the
house on September 4, 2012. The remaining averments of this paragraph are denied as Defendants
cleaned the home before they left.
24. Admitted in part and denied in part. It is admitted that Defendants allowed their dogs
in the home. It is denied that to the extent that this arrangement was contrary to the understanding
of the parties.
25. Denied as stated. Defendants did not permit their dogs to urinate or defecate in the
home; however, Roles' boyfriend also had a dog in the home and her dogs frequently urinated or
defecated in the home. Defendants are without information sufficient to admit or deny the remaining
averments of this paragraph.
26. Denied as stated. Defendants did not damage the screens on the windows and doors.
To the contrary, several screens were already damaged when Defendants moved in the house and
Roles had exclusive control over certain portion of the house. Defendants are without sufficient
information to admit or deny the remaining averments of this paragraph.
27. Denied, by way of further response, Defendants were aware of two holes in the
drywall, one which was patched by Defendants prior to them moving out, and another caused by and
patched by Roles' boyfriend..
28. Denied, after reasonable investigation Defendants are without sufficient information
to admit or deny the averments of this paragraph.
29. Denied, after reasonable investigation Defendants are without sufficient information
to admit or deny the averments of this paragraph.
30. Denied, after reasonable investigation Defendants are without sufficient information
to admit or deny the averments of this paragraph.
31. It is denied that Defendants failed to mow the yard and maintain the exterior of the
house. Defendants maintained the yard and mowed the yard up and until Roles and her parents stole
Defendants' mower, and refused to return it. Defendants are without sufficient information to admit
or deny the remaining allegations of this paragraph.
32. Denied as a conclusion of law to which no response is required.
WHEREFORE, Defendants respectfully request Plaintiffs Amended Complaint be dismissed
and judgement is entered in Defendant's favor.
NEW MATTER
33. Defendants incorporate paragraphs 1 through 32 as though fully set forth herein.
34. Plaintiffs and Defendants entered into a lease on July 12, 2009, whereby Defendants
leased property located at 368 Gameland Road, Upper Mifflin Township, Cumberland County,
Pennsylvania. A true and correct copy of the lease between the parties is attached hereto as Exhibit 1.
35. Margaret Roles was a party to the lease attached as Exhibit 1.
36. Roles resided in the home at 368 Gameland Road, and her belongings occupied three
of the bedrooms in the home to the exclusion of the Defendants.
37. Roles had access to the stables, barn and all other portions of the property at 368
Gameland Road.
38. Roles' boyfriend, Walt Rice, regularly stayed at the home and had full access to the
home, barn and stables.
39. Roles permitted her boyfriend's dog in the home on a daily basis .
WHEREFORE, Defendants respectfully request Plaintiff's Amended Complaint be
dismissed and judgement is entered in Defendant's favor.
COUNTERCLAIM
COUNT I - BREACH OF CONTRACT
40. Defendants incorporate paragraphs 1 through 39 as though fully set forth herein
41. Plaintiff is a Pennsylvania Limited Liability Company ("LLC").
42. Plaintiff Benchfield Farms, LLC has two members, Linda H. Bunning and Leroy E.
Bunning, Jr.("Bunnings").
43. Plaintiff Benchfield Farms, LLC owns the real estate located at 368 Gameland Road,
Upper Mifflin Township, Cumberland County, Pennsylvania ("Subject Property").
44. The Bunnings as Owners of Benchfield Farms, LLC entered into a Memorandum of
Understanding ("Memorandum") with Defendants on April 12, 2009. A true and correct copy of the
parties Memorandum of Understanding is attached hereto as Exhibit 2.
45. The purpose of the Memorandum was to memorialize the parties understanding that
Defendants wished to be co-owners of the subject property and would be buying into Benchfield
Farms, LLC.
46. Plaintiffs and Defendants entered into a subsequent lease on July 12, 2009 for the
Subject Property. A true and correct copy of the lease between the parties is attached hereto as
Exhibit 1.
47. Defendants were told that Plaintiffs required the lease to secure financing for the
purchase of the Subject Property to show a regular income stream to their lender.
48. At all times, Defendants believed that they were to become members of the LLC.
49. As required under the Memorandum, Defendants notified the Bunnings of their
desire to buy -in to the LLC upon signing the Memorandum.
50. Defendants believed their monthly rent payments from January 1, 2010 until they
were served with the Notice to Quit in May 2012 were going towards their buy -in of the LLC.
51. Defendants paid and Plaintiffs accepted $42,000 towards Defendants' buy -in to the
LLC.
52. Defendants made capitol improvements to the property including but not limited to
upgrades to the home's electrical system, siding on the stallion pen, and fencing for the stallion
pasture.
53. Defendants made the capitol improvements under the belief that they had bough into
the LLC and were members of Benchfield Farms, LLC.
54. Plaintiffs never reimbursed Defendants for the cost of the capitol improvements
which was in excess of $2,500.
55. The term of the lease was to be one year from July 1, 2009 until June 30, 2010
with the lease renewing automatically unless either party provided a written six month notice to quit.
56. On May 7, 2012, Plaintiffs served Defendants with a notice to quit terminating the
lease effective June 30, 2012.
57. Plaintiffs's May 7, 2012 notice to quit was in breach of the parties' lease and
Memorandum.
58. As a direct and proximate cause of the breach, Defendants were required to move
out of the home and secure alternative housing.
WHEREFORE, Defendants respectfully request judgment in their favor in amount of
$44,500, plus interest, and costs which constitutes a claim within the compulsory arbitration limits
as set forth in the Cumberland County Local Rules of Court.
MARTSON LAW OFFICES
Dated: ,f/r/ y
By: i
Hube ilroy, Esquire
I.D. •.29943
Katie J. Maxwell, Esquire
I.D. No. 206018
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
May. 15. 2012 12:26PM
No. 6186 P. 2
BENCHFIELD FARMS LEASE
This lease agreement is made this X12-- day of July, 2009, by and between
BENCHFILED FARMS, LLC, of 193 Conifer Road, Newville, Pennsylvania, (hereafter "Owner")
AND
MARGARET ROLES, of 193 Conifer Road, Newville, Pennsylvania, RAYMOND F. FETROW, of
—,Pennsylvania, and ERIC W. BENNETT, of-, Pennsylvania, (hereafter, "Operators")
THE PARTIES AGREE AS FOLLOWS:
1. DESCRIPTION OF FARM. The Owner in consideration of the terms specified herein,
leases to the Operators for agricultural and residential purposes the following legally
described property ("real estate"): 368 Gameland Road, Newville, Pennsylvania, tax
parcel 44-07-0487-026, located in Upper Mifflin Township, Cumberland County,
Pennsylvania, except the hayfields which are retained under this lease to the exclusive
control and use by Owner, and subject to all easements now existing or which the
Owner may grant in the future, such that the usefulness of the property is not reduced.
2, TERM OF LEASE. The term of the lease shall be for the period of one year beginning
July 1, 2009, and ending June 30, 2010, and continuing thereafter from year to year,
unless either party gives written notice to the other as specified by Pennsylvania law,
but in no case to be less than 6 months notice to quit.
3. PURPOSES OF THE LEASE. The Operators shall have the right to use the real estate for
the production of crops and livestock subject to the following limitations: the hayfields
are reserved to the use of Owner, and Owner reserves the right and privilege to use
pasture for the grazing and keeping of so many of Owner's horses as shall not interfere
with the keeping of Operators horses upon the real estate.
The following housing, buildings and storage structures located on the Real Estate may
be used by the Operators for the following purposes:
Structure Purpose
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May. 15. 2012 12:26PM
No, 6186 P. 3
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In the event of damage or destruction of buildings or structures listed above the Owner
will have the option to replace them or provide their functional equivalent to the
Operator for the purposes described above within a reasonable period of time, or make
adjustment to the terms of this lease in lieu of replacement.
4. CASH RENT. Operators agree to pay Owner cash rent for the use of all of the Real Estate
as follows: MARGARET ROLES, $1,400.00 per month due and payable on the in day of
each month beginning July 1, 2009, and continuing on the 1.'t day of each month for the
term of the lease;
RAYMOND L. FETROW and ERIC W. BENNETT, $1,500.00 per month due and payable on
the 1.'t day of each month beginning July 1, 2009, and continuing on the 1.5` day of each
month for the term of the lease;
In the event the cash rent is not paid by the due dates, late fess shall be charged at the
rate of $5.00 per day beginning 5 days after the due date until paid. All cash rent is to be
paid to the Owner at the address on page 1 or at such other place as the Owner shall
direct in writing.
5. OPERATOR DUTIES AND CONDITIONS. Operators agree to:
a. Maintain the dwelling house in good order and repair less any ordinary wear and
tear and properly maintain the appliances, plumbing, and fixtures in good working
condition.
b. Pay all utility accounts for the utility services to the dwelling house including all
electric service and heat for the dwelling house.
c. Farm any land not reserved by Owner in an efficient and husband -like manner.
d. Use reasonable efforts to control weeds in fields and fence rows, road ditches, and
all other areas of the farm using best farming practices, but excluding
4/24/K.
e. Protect all4esirable vegetation, such as grass field borders, fence rows, grassed
waterways, wildlife cover, shrubs and trees.
f. Provide unskilled labor and equipment necessary in making minor repairs and
improvements to buildings and fences made necessary by ordinary wear and tear
or by the Operators' livestock or equipment.
g. Refrain from allowing livestock to pasture new seeding in the year seeded without
permission of the Owner.
May. 15, 2012 12:26PM
No, 6186 P. 4
h. Comply with all local, state, and federal laws and regulations governing all
activities related to the application of pesticides and commercial fertilizers, the
e anc • • .w ase e ions in e
handling and application of all chemicals used on the Real Estate, and follow all
applicator's licensing requirements. Comply with local, state, and federal laws and
regulations pertaining to groundwater contamination, manure disposal, and
hazardous waste storage or disposal.
i. Not allow any public use of the land without written consent of Owner.
6. EXPENSES,
1. All materials and services related to the production of agricultural products or raising,
breeding, training, leasing or similar activities related to the keeping of horses on the Real
Estate shall be acquired and paid for by the Operators.
2. No expense shall be incurred for or on account of the Owner without first obtaining written
permission from the Owner. The Operators agree to take no action that might cause a
mechanic's lien or other lien to be imposed upon the Real Estate and agree to indemnify the
Owner if actions are taken by the Operators that result in such a lien being imposed.
7. REAL ESTATE AND PERSONAL PROPERTY TAXES. The Owner agrees to pay all taxes,
assessments, or other public charges levied or assessed by lawful authority against the Real
Estate, The Operator agrees to pay all personal property taxes, assessments, or other public
charges levied or assessed by lawful authority against the Operators' personal property on the
premises, during the term of the lease.
8. PARTICIPATION IN GOVERNMENT PROGRAMS. The participation in any offered program of
the United States Department of Agriculture or the federal, state, or county government
agencies for crop production, control, soil and water conservation, or other purposes shall be
mutually agreed upon by the Owner and Operator.
9. COMPENSATION FOR IMPROVEMENTS. The Operators may make improvements to buildings,
fences, or water systems at Operators' own expense and consistent with the terms of this
lease, provided consent of the Owner has been given and provided these improvements shall
not be removed when the Operator leaves the farm. The operator shall receive compensation
from the Owner for the undepreciated value of these improvements upon termination of the
lease, provided the value, depreciation starting date, and rate of depreciation have been
agreed upon in writing by Owner and Operators.
10. REMOVAL OF PORTABLE BUILDINGS. The Owner shall not be responsible for property
owned by the Operators. The Operators may remove from the farm any portable buildings
May. 15. 2012 12:27PM
No. 6186 P. 5
which the Operators have placed upon the farm at the Operators' expense. If such buildings are
not removed within 30 days of the termination of the lease, then such property shall be
deemed abando = aim -no -further -in
agreement between the Owner and the Operators.
11. WELL AND WATER SYSTEMS. Owner shall be responsible for repair, and replacement of
wells, water lines, well pumps, septic tanks and related equipment.
12. HOUSING. All expenses associated with occupancy of the dwelling house by Operators
including telephone, and garbage collection as well as utilities and heat (as already addressed
above) are the expense of the Operators. Minor repairs under $100.00 shall be paid by the
Operators. Repairs over this amount shall be made by mutual agreement of the Operators and
the Owner and paid for as agreed.
13. INSURANCE. Both the Operators and the Owner shall keep their respective property
interests reasonably insured against hazards and casualties. In the event of any damage to
crops, buildings, or improvements by any natural or man-made disaster, the Operators shall
inform the Owner within 48 hours. The Operators shall carry comprehensive general liability
insurance with limits of not less than $1.0 million and automobile liability insurance on all
owned, non -owned, hired, or leased automotive equipment in amounts of not less than
$13,000.00.
Both Owner and Operator hereby release the other from claims for recovery for any loss or
damage to any property owned by either party which is insured under valid and collective
insurance policies to the extent of any recovery collectible under such insurance. It is further
agreed that waiver shall apply only when permitted by the applicable policy of insurance.
14. RIGHT OF ENTRY. The Owner may enter the Real Estate at any reasonable time for the
purpose of consulting with the Operators, viewing the property, making repairs or
improvements, or for any reasonable purpose that does not interfere with the Operators'
ability to carry out regular farming operations.
15. The Operators agree not to lease or sublet any part of the Real Estate nor assign this lease
to any person, nor sublease any or all of the property described herein without written
permission of the Owner. This lease shall be binding upon the heirs, assignees, or successors in
interest of both parties. If the Owner should sell or otherwise transfer title to the Real Estate,
the Owner will do so subject to the provisions of this lease.
16. CHANGE IN LEASE TERMS. The conduct, representation, or statement of either party, by act
or OrrOSsiOn, shall not be construed as a material alteration of this lease until such provision is
reduced to writing and executed by all parties as an addendum to this lease.
May. 15. 2012 12:27PM
No. 6186 P. 6
17. INDEMNIFICATION. The Operator shall take possession of the premises subject to the usual
hazards of operating a farm and assume all the risks of accidents to the Operators and the
—GpecatersLfamillesrer-age
or improvements or other actions pursuant to to this lease. The Operators agree to indemnify,
defend and hold harmless the Owner against any liability and/or pat for any and all damages,
losses, or expenses incurred by the Owner in connection with leased premises, beyond that
covered by insurance due to Operators' negligence or failure to perform the terms of this lease.
The Owner agrees to indemnify, defend, and hold harmless the Operators' against any liability
and/or pay for any and all damages, losses, or expenses incurred by the Operators in
connection with the leased premises, beyond that covered by insurance, due to Owner's
negligence or failure to perform the terms of this lease.
18. NO PARTNERSHIP. It is understood and agreed that this lease shall not be deemed to be nor
intended to give rise to a partnership relation.
It is further understood that all parties have read the terms and provisions of this lease
agreement and have agreed to abide by the terms and provisions herein.
OPERATORS:
OWNER, BENCHFIELD FARMS LLC
May. 15. 2012 12:28PM
No. 6186 P. 9
MEMORANDUM OF UNDERSTANDING
Made and entered into this •fo" 'day of April by and between Linda H. Bunnin and Lero E.
Bunning, Jr,, as Members and Owners of Benchfield Farms, LLC (the LLC) and Eric W. Bennett
and Raymond F. Fetrow as Operators under a certain Lease agreement intended to be signed
and executed contemporaneously herewith,
WITNESSETH:
1. The Parties to this Memorandum agree that Benchfield Farms LLC intends to purchase
property located at 368 Gameland Road, Newville, Pennsylvania, for the purpose of
operating a farm for the keeping of horses and related activities and the farming of the
hay fields for cash crop and use of the hay by the Members of the LLC and the
Operators.
2. Operators understand that they, together with Margaret Roles will be the Operators of
the farming operation under the terms of the lease which is a year lease beginning July
1, 2009.
3. The Members of the LLC are financing the purchase of the property by the LLC using
their separately owned real estate and mortgaging the Gameland Road property in the
name of the LLC with their personal guarantees and at their expense as Members of the
LLC.
4. Operators are aware that it is the intention of Owners and Members of the LLC to gift a
membership interest in the LLC to Margaret Roles at sometime in the future.
5. Operators desire to become members owning a minority interest in the LLC subsequent
to signing the lease and becoming Operators pursuant to the lease terms.
6. It is the agreement and understanding of the parties to this Memorandum that
Operators will be entitled to purchase a membership interest in the LLC as of January 1,
2010.
7. The interest which Operators purchase shall be at least one percent but no more than
ten percent of the value of the LLC. The purchase price and value of the interest in the
LLC shall be determined by the Members and shall constitute the equitable interest of
the LLC assets taking into account the liens and obligations of the LLC.
8. Upon acquisition of the membership interest in the LLC, the Operators shall also
succeed to the obligations of the LLC and shall share the obligations of the LLC in a
proportionate share equivalent to their percentage Membership interest.
9. It is the agreement of the parties that Operators will notify the Owners of their intent to
buy -in to the LLC by no later than November 30, 2009, in order to accomplish the
transaction as ofJanuary 1, 2010.
EXHIBIT
May. 15. 2012 1228PM
o. 6186 P. 10
10, The calculation of the share value and worth of the LLC shall be reduced to writing and
mutually agreed upon at the time of the transfer.
_11It is further understood-that-the-Ojaerator-s-shall-become-Menzbers.oLthelLC_subleato
all of the terms and provisions of the Membership Agreement of Benchfield Farms LLC.
12. Operators shall be provided the opportunity to purchase further interests in the LLC
with understanding that at present it is the intention of the Owners to retain a majority
and controlling interest.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above -written.
Operators;
Owners:
Eric W. Bennett Linda H. Bunning
r- r
Raymond F. Fetrow
05/02/2014 07:39 4106384144 BELAIRMIDDLESCHOOL PAGE 01/01
VERIFICATION
The foregoing Answer With New Matter is based upon information which has been gathered
by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and
not our own.. We have read the document and to the extent that it is based upon information which
we have given to out counsel, it is true and correct to the best of our knowledge, information and
belief. To the extent that the content of the document is that of counsel, we have relied upon counsel
in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if we make knowingly false
averments, we may be subject to criminal penalties.
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CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Answer to Plaintiffs Amended Complaint was served this
date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed
as follows:
Sally J. Winder, Esquire
P.O. Box 341
Newville, PA 17241
MARTSON LAW OFFICES
By
Dated:S/%4
A G3A.6
ry M. Price
en East High Street
Carlisle, PA 17013
(717) 243-3341
BENCHFIELD FARMS, LLC, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2013-6248 Civil Term
RAYMOND F. FETROW AND
ERIC W. BENNETT,
CD
Defendants
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CIVQ, ACTION — LAW c
--< T
REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM
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COMES now the Plaintiff, Benchfield Farms, LLC., by and through its counsel, Sally J. Winder,
Esquire and makes the following Reply to New Matter and Answer to Counterclaim:
33. Denied. Plaintiff re -asserts all of the averments of the Amended Complaint.
34. Denied. On the contrary, the lease entered into by the parties provided for a 30 day
termination and notice to quit. However, the parties agreed that Defendants would vavcate the
premises by December 2012.
35. Denied as stated. Margaret Roles was a party to the lease agreement calling for a 30 day
notice to quit and terminate.
36. Denied. On the contrary, although the original agreement was that Defendants would occupy
the lower floor and Roles would move into the house, Margaret Roles never occupied the home
at 368 Gameland Road, Newville, PA and her belongings never occupied three bedrooms; the
Defendants occupied the house to the exclusion of Roles.
1
37. Denied as stated. Roles had access to a small portion of the property, and some of the pasture
at 368 Gameland Road. However, the Defendants' horses occupied the barn and overgrazed the
pasture forcing Roles to rent a barn and pasture from another unrelated party.
38. Denied. On the contrary, Walt Rice did not stay at the house but did come regularly to feed
his horses when they were pastured at 368 Gameland Road.
39. Denied. Roles was not at the home daily and could not have "permitted her boyfriend's dog
in the home" as stated. Roles at all' times referred to in this action resided at 193 Conifer Road,
Newville, PA.
WHEREFORE, Plaintiff requests this Honorable Court enter an Order awarding the damages
claimed by Plaintiff and against Defendants.
ANSWER TO COUNTTERCLAIM
BREACH OF CONTRACT
40. Plaintiff incorporates its statements and averments as previously set forth in these pleadings.
41. Admitted.
42. Admitted that for purposes of this suit and these pleadings the Members of the LLC are
Linda and Leroy Bunning.
43. Admitted.
44. Admitted.
45. Admitted in part and denied in part. Admitted that the Memorandum was to memorialize
future intentions of the parties. Denied to the extent that any buy-in to the LLC occurred upon
signing of the Memorandum. The clear wording of the Memorandum allows Defendants a future
option to purchase a membership interest at a price to be determined under the terms of the
Memorandum.
2
46. Denied. The lease attached as Exhibit 1 was not the lease entered into as further clarified in
prior responses.
47. Denied. Financing for the transaction was not dependent upon the lease. Plaintiffs had
already purchased the property prior to any discussion about the lease with Defendants.
48. Denied. On the contrary, Defendants knew they could have an opportunity to buy into the
LLC provided they became working members of the operation and they bought a share of the
LLC at a price to be determined, all of which would follow the Lease. Defendants never opted to
purchase any membership interest as required by the Memorandum and no membership interest
ever transferred to Defendants.
49. Denied. On the contrary, signing the Memorandum did not exercise any buy in provision as
there was no such statement in the Memorandum. Defendants were not financially able to afford
any membership interest in the LLC but hoped to be in a better financial position by the end of
November 2009, in order to purchase a membership interest. However, that never happened.
50. Denied. Defendants knew that the rent was strictly rent and did not constitute any buy-in.
Under the provisions of the Memorandum, notice was to be provided by November 30, 2009,
which never happened. Therefore there was no transaction of buying-in.
51. Denied. On the contrary, Defendants paid rent for the privilege of occupying the house and
barn. Defendants did not give any notice as required under the Memorandum, no price was
negotiated, no transaction occurred in January 2010, and no membership interest transferred to
Defendants.
52. Denied. On the contrary, Defendants did not make capital improvements in the nature of
electrical upgrades, siding or fencing. Defendants replaced a few items destroyed by their dogs
and horses, and then took the latches when they moved from the premises. Plaintiffs paid for the
3
siding after Defendants' stallion destroyed a pen, and Plaintiff reimbursed Defendants for fence,
receipts for which Plaintiff will produce at trial of this matter. The capital improvements claimed
by Defendants were, in reality, repair and maintenance required by Defendants' animals.
53. Denied. On the contrary, Plaintiff knows that Defendants never believed they were members
of the LLC. Defendants did some maintenance but no capital improvements.
54. Denied as stated: Defendants did not make capital improvements and Plaintiff reimbursed
costs for fencing materials and provided the siding.
55. Denied. The lease provided for a 30 day notice to quit not a 6 month notice to quit. However,
the Notice also included terms for a new lease should Defendants choose to enter into a new
lease and continue their tenancy. A copy of the May 7, 2012 notice is marked Exhibit "A"
attached hereto and incorporated herein.
56. Admitted.
57. Denied. On the contrary, the notice to quit had no relation or relevance to the Memorandum.
Defendants clearly knew from the Memorandum that rental under the lease was not tied to the
terms of the Memorandum and they had rights of occupancy of the property under the lease not
the Memorandum. The lease was properly terminated under the terms of the lease. The
Memorandum was no longer in effect as January 2010 had come and gone with no transfer of
membership interest and Defendants had certainly not succeeded to the obligations of the LLC as
the Memorandum required under its terms.
58. Denied. Plaintiffs caused no breach of any sort, and Defendants were required by the proper
termination of the lease to seek another place to live because they chose not to negotiate a new
lease. Defendants no longer had a leasehold interest in the property.
4
FORE, Plaintiff prays this 'Honorable Court dismiss the Counterclaim of Defendants
with prejudice.
Date: C
5
Respectfully submitted,
Sally J. + inder, Esquire
Attorne for Plaintiff
P.O. Box 341
Newville, PA 17241
(717) 776 6656
SALLY J. WINDER
ATTORNEY AT LAW
221 Doubling Gap Road
P.O. Box 341
Newville, PA 17241
Telephone and fax 717 776-1245
May 7, 2012
MR. RAYMOND F. FETROW
MR. ERIC W. BENNETT
368 GAMELAND ROAD
NEWVILLE, PA 17241
Re: Benchfield Farms Lease
Dear Mr. Fetrow and Mr. Bennett:
This notice is to advise you that the Owners, Benchfield Farms LLC, terminate your lease of 368
Gameland Road, Newville, PA as of June 30, 2012.
Should you choose to enter into a new lease for 368 Gameland Road, Newville, PA beginning
July 1, 2012, the terms of the current lease shall be modified to reflect the following:
• Your rent per month wi11 be ncreased to $2,000.00 per month payable on the first of each
month in advance
• You shall pay all heat and electricity for the property including house and ham
• You shall have no more than 10 horses on the property, any in excess of 10 shall be
removed from the property on or before June 1, 2012
• You shall provide proof of insurance for contents and liability coverage for all farm
activities including the dog breeding on or before June 1, 2012
• You shall provide proof of garbage and refuse service to the property paid for by you and
providing for regular pick-up on or before June 1, 2012
• Proof that you are legally raising and seeing puppies and that you either have a kennel
license or are exempt from State licensing requirements on or before June 1, 2(112
• All personal property which is not horse equipment being used regularly in your horse
raising endeavors shall be removed from the property or properly stored in a storage unit
provided by you with approval by Owners on or before June 1, 2012
If you choose to enter into a new year to year lease under the above -listed terms, you must
contact Benchfield Farms, in the person of Linda Bunning before June 1, 2012, and address all of
the items set forth above. Should you not choose to enter into a new lease, you must vacate the
premises by the end of the lease term, June 30, 2012. In the meantime, the Owner will be
actively seeking new tenants as of June 1, if you fail to respond to this notice.
Very truly yours,
Sally J. Winder
CC: Benchfield Farms LLC
VERIFICATION
I verify that the foregoing statements in the foregoing Reply to New Matter and Answer to
Counterclaim are true and correct to the best of my knowledge, information, and belief and that
as a member of Benchfield Farms LLC, I am authorized to execute this verification. These
statements are made either upon personal knowledge or upon information received in the
conduct of my position as Member of the LLC. This statement is made subject to the penalties of
18 Pa. C. S. Section 4904 relating to unswom falsifications to authorities, which provides that if I
make knowingly false statements I may be subject to criminal penalties.
Date:
H. Bunning, Member
I verify that the foregoing statements in the foregoing Reply to New Matter and Answer to
Counterclaim are true and correct to the best of my knowledge, information, and belief and that
as a member of Benchfield Farms LLC, I am authorized to execute this verification. These.
statements are made either upon personal knowledge or upon information received in the
conduct of my position as Member of the LLC. This statement is made subject to the penalties of
18 Pa. C. S. Section 4904 relating to unswom falsifications to authorities, which provides that if I
make knowingly false statements I may be subject to criminal penalties.
Date: (' _7
/L/
Leroy E. Bunning, Member
BENCHFIELD FAIIS, LLC, IN TSE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. N13-6248 Civil Term
RAYMOND F. FETROW AND : CIVIL ACTION — LAW AND EQUITY
ERIC W. BENNETT,
•
•
Defendants .
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of Plaintiff's Reply to New Matter and
Answer to Counterclaim by personal service on the 9th day of June, 2014 delivered as follows:
Katie J. Maxwell, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
JGU�
Sally J. VVci►iider, Esquire
Ct 24705
P.O. Box 341
Newville, PA 17241
(717) 776 6656
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BENCHFIELD FARMS, LLC
Plaintiff
VS
-Nrn 2013-6248 orN
vett
=-3
cn
-<••
RAYMOND F. FETROW AND ERIC W. BENNETT, -<c)
r -
Defendant
RULE 1312-1 The Petition for Appnipi-mfm of Arbitrators shall be substantially in Cal.
following form:
THE PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE,1. 0,7 SAID COLMT:
SALLY J. WINDER, ESQUIRE
, counsel for the piaintiff/delendant in the above
action (or actions), respectfully represents that:
I. The above -captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 43,016.26
The counterclaim of the defendant in the action is $44,500.00
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
HUBERT X. GILROY, ESQ, KATIE J. MAXWELL, ALL ATTORNEYS AT THE MARTSON LAW OFFICE
'WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Res ectful y submitted,
ORDER OF COURT
AND NOW, 2014 in consideration of the foregoing
petition, Esq., and
Esq., and Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
By the Court,
KEVIN A. HESS, P.J.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BENCHFIELD FARMS, LLC
Plaintiff
VS
RAYMOND F. FETROW AND ERIC W. BENNETT,
Defendant
RULE 1312-1
following form:
2013-6248
Cry
t"--3
c
• 17.
The Petition for Appointment of Arbitrators shall be substantially in 14.4
THE PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE PVT DGES 0,F SAID COLTRT:
SALLY J. WINDER; ESQUIRE counsel for the piaintitlidelendant in the above
action (or actions), respectfully represents that:
1. The above -captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is S 43,016.26
The counterclaim of the defendant in the action is $44,500.00
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
HUBERT X. GILROY, ESQ, KATIE J. MAXWELL, ALL ATTORNEYS AT THE MARTSON LAW OFFICE.
W11EREiORE, your petitioner prays your Honorable Court to appoint three (3) arbitrator.}
whom the case shall be submitted. f-1
rn
Re ectfully submitted, cr,
r—
<c-D
c -p
=cp.
AND NO
petition,
Esq., and
captioned action r actions) as prayed for.
ORDER OF COURT
27.
37.
op
2014in consideration of the foregoing
5 2 .1y tc)dei
1644 e play met'
eq,e 'ma,
gel&"
Esq., are appointed arbitrators in the above