HomeMy WebLinkAbout05-5441
Donald L. Kornfield
Attorney for Plaintiff
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222
FAX 762-6544
don@kornfield.net
Atty, I,D, #19242
AG CHOICE FARM CREDIT, ACA
Plaintiff
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
vs.
CUMBERLAND COUNTY BRANCH
BARNSTABLE FARM PARTNERSHIP,
TOMMY L. BLOSER, CYNTHIA L.
BLOSER, STEVEN L. BLOSER,
MARTINA J. BLOSER, LARRY G.
ADAMS and TRUDY L. ADAMS
Defendants
CIVIL ACTION - LAW
# OS - 5'441 C;Ul-l '-rEA.."I
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served by entering a written appearance personally or by an attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you, You are warned that if you fail
to do so, the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the complaint or for any other claims or relief
requested by the Plaintiff. You may lose money or property or other rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT "AVE ALA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
Telephone Number: 800-990-9108
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR A TTEMPTING
TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE,
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the Court, please contact
our office, All arrangements must be made at least 72 hours prior to any hearing or business before
the Court, You must attend the scheduled conference or hearing,
AG CHOICE FARM CREDIT, ACA
Plaintiff
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
vs.
CUMBERLAND COUNTY BRANCH
BARNSTABLE FARM PARTNERSHIP,
TOMMY L. BLOSER, CYNTHIA L.
BLOSER, STEVEN L. BLOSER,
MARTINA J. BLOSER, LARRY G.
ADAMS and TRUDY L. ADAMS
Defendants
CIVIL ACTION - LAW
# 05 - 5'44.1
C;uL ~~
COMPLAINT
Plaintiff alleges the following cause of action against Defendants:
I. Plaintiff is Ag Choice Farm Credit, ACA, a federal lending institution, of 109 Farm Credit
Drive, Chambersburg, Franklin County, Pennsylvania,
2, Defendant is Barnstable Farm Partnership with offices located at 150 Barnstable Road,
Carlisle, Cumberland County, Pennsylvania,
3, Defendants are Tommy L. Bloser and Cynthia L. Blaser, sui juris husband and wife, living
and residing at 210 Barnstable Road, Carlisle, Cumberland County, Pennsylvania,
4, Defendants are Steven L. Bloser and Martina J, Blaser, sui juris husband and wife, living and
residing at 150 Barnstable Road, Carlisle, Cumberland County, Pennsylvania,
5, Defendants are Larry G, Adams and Trudy L. Adams, sui juris husband and wife, living and
residing at 9 Locust Hollow Road, Carlisle, Cumberland County, Pennsylvania,
COUNT I
6, Paragraphs I and 5 are incorporated herein,
7, On August 16,2002, Defendants executed a note to Plaintiff in the amount of$408.000,OO.
a copy of which is attached hereto as Exhibit P-l,
8, Under the terms of the said note, Defendants are in default by virtue of their failure to
provide Plaintiff with 2004 net tax returns, CPA statements or financial statements as
required by the August 16, 2002, commitment letter, a copy of which is attached hereto as
Exhibit P-2,
9, As a result of the defaults alleged in paragraph 8 hereof, Plaintiff accelerated the balance due
upon the note by letter of August 29, 2005, a copy of which is attached hereto as Exhibit P-3,
10, No judgment has been taken upon the said note,
II, In spite of demand, Defendants have failed and continue to fail to payoff the said note,
12, As a result of the said default, Defendants are indebted to Plaintiff in the amount of
$357,888,89 and, in addition, by virtue of the said note, Plaintiff may charge Defendants a
reasonable attorney's fee of$35,788,OO,
13, Interest will continue to accrue upon the balance due in accordance with the note,
WHEREFORE, Plaintiff demands judgment against Defendants in the amount of
$357,888,89, together with $35,788,00 attorney's fees for a total of$393,676,89, together with costs
of the action and interest at the contract rate,
COUNT II
14, Paragraphs I and 5 are incorporated herein,
15, On August 16,2002, Defendants executed a note to Plaintiff in the amount of $45,000,00,
a copy of which is attached hereto as Exhibit P-4,
16, Under the terms of the said note, Defendants are in default by virtue of their failure to
provide Plaintiff with 2004 net tax returns, CPA statements or financial statements as
required by the August 16, 2002, commitment letter, a copy of which is attached hereto as
Exhibit P-2,
17, As a result of the defaults alleged in paragraph 16 hereof, Plaintiff accelerated the balance
due upon the note by letter of August 29, 2005, a copy of which is attached hereto as Exhibit
P-3,
18, No judgment has been taken upon the said note,
19, In spite of demand, Defendants have failed and continue to fail to pay off the said note,
20, As a result of the said default, Defendants are indebted to Plaintiff in the amount of
$11,823,95 and, in addition, by virtue of the said note, Plaintiff may charge Defendants a
reasonable attorney's fee of$1,182,OO,
2 L Interest will continue to accrue upon the balance due in accordance with the note,
WHEREFORE, Plaintiff demands judgment against Defendants in
the amount of $11,823.95, together with $1,182.00 attorney's fees
for a total of $13,005.95, together with costs of the action and
interest at the contract rate.
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unsworn falsification to authorities.
AG CHOICE FARM CREDIT, ACA
BY~)O~
FIXEL "ATE NOTE
Date of Note: August 16, 2002
Loan Number: 02604104738035.10
Place Executed: Chambersburg
PA
Amount: $408,000.00
REPAYMENT SCHEDULE
AMOUNT DESCRIPTION OF DUE DATE
"installment(s) of S 3,828.73 due Monthly beginning
"installment(s)of$ due
"inslallmenl(s)of$ due
"inslallment(s)of$ due
A final installment of the unpaid principal balance of the indebtedness and all accrued interest is due September 01, 2017 All installments are
successive unless otherwise noted and are payable on the same day of the month as the initial installment. Installment payments will be applied to
amounts due in such manner as Association may determine in ils sole discretion, except as otherwise noted herein.
NUMBER
179
TYPE
Fixed Payment
1010112002
.. Fixed Payment means the installment amount amortizes both principal and interest. Fixed Principal means the installment amount amortizes
principal only and accrued interest is due with each installment. Principal Only means the installment amount includes principal only and interest
installments are separate. Interest Only means the installment amount includes accrued interest only and principal Installments are separate.
For value received, the undersigned (whether one or more) promise(s) to pay, in lawful money of the United States of America, in accordance with
the repayment schedule(s) above stated, to the order of AgChoice Farm Credit, ACA
as agent/nominee (together with any holder hereof, "Association'), at its office in Chambersburg
of Four Hundred Eight Thousand and 00/100
with interest until paid at a rate of Seven and 700/1000 percent (7.700
360-dayyear.
, PA the principal sum
Dollars ($408,000,00 ).
%) per annum. Interest shall accrue on the basis of a 3D-day month!
The undersigned and every endorser and assumer of this note hereby expressly waive presentment, demand, protest and notice of dishonor, and
consent to all renewals, refinances, extensions, modifications, reamortizations or any other rearrangements of the indebtedness evidenced by this
note, and releases of personal liability and of security.
At the option of Association, any default under the terms and condiUons of this note or under any other written instrument executed by the
undersigned and owned, held or serviced by .Association shaH constitute a default under this note and anyone or more of such notes or other
written instruments. Upon default, Association, at its option, and without notice to the undersigned, may declare this note and all other indebtedness
owed by the undersigned to be immediately due and payable; may cease to make any further advances under this note; may foreclose upon or sell
any or all of the security for this note, in such order as it may prefer; may proceed with collections; may apply the proceeds to any indebtedness
secured thereby in any order which it may desire; and may exercise from time to time all rights and remedies available under applicable law, and
under any other instrument relative to such indebtedness or security. Unless prohibited by law, any applicable prepayment premium shail be due
and payable upon such acceleration.
If Association employs attorney{s) to collect the indebtedness evidenced by this note, or to enforce or preserve any rights provided for herein or
relating to any security for this note, or suit is filed hereon, or proceedings are had in bankruptcy or any other court whatsoever with respect thereto,
then, in addition to any principal, interest or other charges provided for herein, Association shall also recover all costs and expenses, including
attorneys' fees and legal expenses reasonably incurred in connection therewith, including such costs and fees incurred on appeal. Such amounts
shaH become part of the indebtedness evidenced hereby and shall be immediately payable on demand, and shall, to the extent permitted by law,
bear interest from the date incurred until paid at the rate provIded herein.
If there is any error or omission in this note or in any instrument securing it, the undersigned wili promplly, upon request of Association, execute a
new note or other documents as deemed necessary by Association to correct such error or omission and will promptly pay upon demand of
Association all attorneys' fees, costs and expenses incurred in connection therewith. If the undersigned fails to pay, upon demand of Association,
any sums due or incurred by Association for any of the purposes stated in this note, .Association may advance the same, and all amounts so
: advanced shall become principal immediately due and payable hereunder,
The undersigned agrees to provide current financial statements, including a balance sheet and income statement in a form acceptable to the
Association as may be from time to time requested by Association while the indebtedness evidenced hereby or any other indebtedness from the
'undersigned is outstanding.
: The undersigned may at any time make prepayments of principal in any amount, provided all accrued interest and all other expenses and charges
have been paid current. Prepayments applied to installments will be in inverse order of maturity, except as otherwise provided in writing by
.Association.
If any installment of principal and/or interest (or portions thereof) is not paid when due and remains unpaid at the end of Ten
, (10 ) calendar days, a late charge equal to the sum of Five and 00/100 percent ( 5,00 %) of the overdue installment shaH oe paid by
, the undersigned to Association, with a minimum of $ 25,00
THIS DOCUMENT is EXECUTED BY UNDERSiGNED IN FAVOR OF ASSOCIATION AS AGENT/NOMINEE OF ITS WHOLLY-OWNED
SUBSIDIARY AgCholce Farm Credit, FLCA PURSUANT TO THE MASTER AGREEMENT
DESCRIBED HEREiN. AT THE OPTION OF ASSOCIATION, ANY DEFAULT UNDER THE TERMS AND CONDITIONS OF ANY
OTHER WRITTEN INSTRUMENT EXECUTED BY UNDERSIGNED AND OWNED, HELD OR SERVICED BY
AgChoice Farm Credit, ACA FOR ITSELF AND/OR AS AGENT/NOMINEE FOR ANY
PARTY PURSUANT TO A MASTER AGREEMENT AMONG IT AND ITS WHOLLY-OWNED SUBSIDIARIES SHALL CONSTITUTE A
DEFAULT UNDER THIS DOCUMENT.
EXHIBIT
] p
j - J
G04302XT Rev (04/01)
Dale of Note: August 16, 2002
loan Number: 02604104738035.10
Amount $ 408,000.00
This note is the joint and several obligation of all persons executing it Given under the hand and seal of the undersigned
Ie Farm P2ersh'
Larry A a , enera artner
~~s,L,1t:.;--
,/ 0~ rJ \Gf~ "01'-
Cynthia aser, General Pa ner
~~"'~l'~
~~o"'~n~
~ ~ tK.-
my L er, General Partner
V:::~,f.d,g:"f
r/ 110-,~~ ~r1t-'--~
Trudy L. Adams h IVI ua y
,/ ~~, ~ '~Il"'^
Cynthi L loser, In IVldual y
v
teven l Blaser, Individually
~er'I~ef----
(loS.)
(L.S.)
(L.S.)
(loS.)
(L.S.)
(L.S.)
(L.S.)
(loS.)
(L.S.)
(L.S.)
(L.S.)
(L.S.)
(L.S.)
(L.S.)
(L.S.)
(L.S.)
The within note is hereby endorsed by the payee named in the body of said nole to the same extent as if the name of the payee were hereinafter
stated under the name of the following endorsee:
PAY TO THE ORDER OF AGFIRST FARM CREDIT BANK, COLUMBIA, SOUTH CAROLINA
Q04302XT Rev (04101)
Page2"'2
IUG-2S-2::S :J:32AM
fPOM-AGCHOICE
1172631568
T-455 P 002/007 f-C97
AgChoice Farm Credit, ACA
August 16,2002
Barnstable Farnl Pannershlp
T0111n'y L Bloser, Steven L Blaser, Larry G, Adams
C}mhw L Blaser, !\1'l1illa J. BlDser, Trudy L. Ad~ms
ISO Bal11S\able Road
Carlisk P A 17013
Dear Applicants:
I afl1 pleased 10 advise you that) s~tbject to the Terms and conditiolls of this lctt~r and other rcquirerncnt$ we lllay have
from time tD time, AgChDice F.rm Credit, ACA, for jtself and/or as agent or nominee for AgChoicc Farm Credit,
FLeA or AgChoice Farm Credit, PCA (thc "Lender") h.s approv~d three tr~dir .ccommodations in the totai amQunt
of FOllr BWldred SIxty-EIght Thollsand .nd 001100 Dollars ('468,000) to Barnstable F.TU1 F.rll1e"bip CD,"
"Borrower")
The proceeds of the credit accommodations will be used lO refinance existing capital asset loans, and provide
operating funds.
The credit accommodations will be evidenced via a 1110rTgage, nOTe:>, security agreement and Dee fllil1gs.
The proceeds of the credit accommodaIions will be used for the: following:
LOAN CONDITIONS AND COMIVIlTMENT
Credit Accnmmod~ltions:
J) A Tcrollo,n in ct,e fmlOlllll of Four Hundred Eight 11,ollSand.nd 00/100 Dollars ($408,000) that will be
used refinance Na~ional Loan [nvestors Mortgage and paltial payment 011 an AgChoict' Farm Credit: ACA
note ("Loan A"),
2) A Term loan in the amount of FOrly-Flve Thousand .m\ 001100 Dollars ('45,000) tlJat WIll be used [or
pa)'menr on an Agehoice Farm Cred" ACA note ("Loan U")
3) A Revolving Credit Line in rhe amount of Filleen Thousand and 00/100 Doll:us (1'15,000) that w1l1 be used
for opemllllg needs ("Lo.n e"),
The loans and this commitmtm (the "Commitment") are sllbjeet tD following:
(i) St.tutory and other requirements by which AgChoice F.nn CredIt, ACA is govemed:
(ii) Your compliance with all the rem", condnlOns, cuven.ms and prOV"IOJ1S oflhls Conururment;
s\cv ("I).)rOMER~\l",\R.NST/\ULi-, FARM R.\K\Ur\llN
j
B
EXHIBIT
P-2
'['[l,$46a,nOO,DOC
Al'G-26-2:05 '0: 22>\M
FROM-AGCHO I CE
1112631568
T-455 P 003/001 F-097
(ill) A :firm reliance by 'the Lender that the information submitted by all panies relevant to this
r.r;msaction prior TO the issuance ofrhis Commitment is true, correct and comple'!:e, Any
information disclosed subseql\cnt to th~ iss~~ance of this Commitment, which in the :>ole discrtIlOn
of the Lendcrl is deemed to be adverse or which rnaterially affects 1:he cIe:ditv.:onhiness of the
relevant parties renders this Commitment mlll and void, The Lender will then be under no
obligation, wh.t,soever; to close the loan a11d all expenses inClllTed by the Lender will be [he sole
rtsponSlbility of the relevant parties,
l. l.OA-'! A - Term Loan in the amount of '408,000,00,
. Borrower: Barnstable Farm Partner<hip, Parmers in Barnstable fann - Tommy L BloseI', Cyntltia L
Blaser, Steven 1.. BloseI', Martina J, BloseI', Larry G, Adams, Tnldy L. Adams as Pal'mers and individuals,
AmoLlnt of La an: At the rime; the loan is made, the Borrower shall execute a note payable to the
order of the Lelldn in the :,ggregatt: principal amount ofFolli Hundred Eight Thousand and
001100 Dollors ('408,000)
2_ Interest Rate: The: note shall have a lixed i.merest rate for the; t~nn of the loan. As of the; date of
Augus< 16, 2002 the rate IS 7,7%,
3, Terms o[Paynu:nt: The loan shalll'equin:: a monthly payment based on a 180-momh amortization,
The amortization period is to begin October 2002. The monthly amortized payment 'hall be in the
amount of Three Thousand Eight Hundred Twenty-Eight and 73/1 00 Dollars ("3,828,73) -
princIpal and interest, amortization shall continue umi1 the loan is repaid III full,
4, Security: The Borrower sh~ll gtant the Ltnder a perfected security interest in, and a continued lien
'Ipon, the following property all of which is referred to collectively as the "Collateral"
(i) A fu:st lien position On any and ~11 Equipment owned by Barnstable Falm Parmership, Tommy L
Bloser, Cynthia L BloseI', Steven L Blaser and Martina J, Bloser.
(ii) A first lien position on any and all Livestock, [nventory and Accounts Receiv..,ble
(iii) A first mortgage/lien on 113+- ;:,eres of real estat<:: located i.n \Vest Pennsboro Township,
Cllmberl~lld County, P A,
);ote: The rea] estate will be pledged vis one open-ended m011gage having a face amount '468,000 Said
'tv1ortgage \vill have title insurance: insuring the Lender in the amount of the tv1.ortgage_ All loans and
advances by the Lender to lhe Borrower are Cross Coll'"tralized (please set paragraph IVJ below),
The Lender shall regulfe a '2,000,00 loan selvlcmg/arigmation fte and a $350,00 applicati011 fee, Other fees (It,
legal, filing, m:HH'ance, flood cenification, llttorneys fees tlC,) in addition to the forcgoillg fees n1ay be! mcurrcd by
the Borrower for clo,Sing of this loan,
$\C\' CL'::;T()l>lU,S',U....RNS~'I\l:lLC 1",\I':~~ R^R\n.""\N~'r ....Ul~ F,\h~M Og.Q~ LOAI\' CONDITIONS LTR.H6;:1,UIYl, DOC
Page 2 of 6
AUG-2E-2:05 10:32AM
FROM-AGCHOICE
7172631568
T-455 P 004/007 F-C97
II, LOAN B - Term Loan ill the amollnt of '45,000.00.
. Boo'ower: Barnstable Farm Parmership, Partners in Barnstable Fmm - Tommy L Bloser,
Cynthla L. BloseI', Steven L BloseI', Martina ], Bloser, Larry Q, Adams, Tl1ldy L Adams as
Panners and individuals
1, Amollnt of Loan: A\ tl1~ time the loan is made, The; Borrower shan tXeCUle a note payablt: to the order of
lhe Lender in the aggregate principal amollnt ofFony Five Thousand anti 001100 Dollars ('45,000),
2 Intc":rest Rate: Th.: note shall have a fixed inleJ'est r~te for the tenl1 of the loan, As of the datt of August 16,
2002 the rate is 6.90%.
3 Terms ofPayn1ent: The loan shall require a monrhly payment based on a 48-monrh amoJ1izalion, The
amortizalion period is to begin October 2002, The monthly amortized payment shall be in rhe amount of
One Thousand Seventy-Five and 50/100 Dollars ('1,075,50) -principal and tIllerest, ,mortizanon shall
conTinue until the loan is repaid in lllll.
4 Secunty: The Borrower shall grant the Lender a perfected security intereST in, and a continued lien rtpOll,
the following prope11y all of which is referred to collectively as the "Collateral"
ei) A firs! lien position on allY and all Equipment (lM1ed by Barnstable Farm Partnership, Tommy L
Blaser, Cyn[h~, L Bloser, Steven L BIosOJ' and MartiIla J. Blose"
(ii) A first lien position all :my and all Livestock, Inventory and Accounts Receivabk.
(Jii) ^ fitst mot1gage/lien 011113+. acres of real estate located in West Pennsboro TO"TIship,
Cumhcrland County, P A
Note: The real estale will be pledged via one open-ended rnongage having a face nmOtUlt'468,000 Satd
Mong<:ige \'vill have title' insllI'ancc insuring the Lender in the amounr of the ?vlorigage. All loans and
advances by the Lender to the Borrower are Cross Collateralized (please: see pi:lJagraph IV,) below).
The Lender shall reqlUre a '650,00 loan servicing/onginanon fee, Gtiler fc~s (i.e, legal, filing, insurance,
flood cet1iflcation, attomeys f~es etc,) m addition to rhe foregoing fees may be incclrred by the Borrower
for closing of this loan,
Ill. LOA\' C - Revolving Credit Line ill the alllonnt of 515,000.00.
. Borrower; Barnstable Farm Parmership, Panners in Bamstable FaUll ~ T0l11111)1 L Bloser, Cynthia L.
Bloser, Steven L Bloser, Martulil J. Bloscrl Lany G. Adams) Tmdy L Adams as Purtners and individuals.
Amount or Loan: At the time the loan is uUlde, the Bon-ower :lhall cxectHc;) nore payable to tJ~e order ofT.he
L<.:ucle:r in rh~ aggn:gate pnncipal amount at one; rime outstanding but nOl: exceeding Fifteen Thollsand and
00/100 Dollars ('15,000)
InTerest Rate; The note shall br;ar inte:n:st at a monthly variable rate tled to fhe PRlj\1E Index (as published !TI
the 'vVall SO:ctf Journal) plus 1,75%, which, as (lfthis \vtiIing, is currem1y 6.5%. lntereSI will be paid
monthly.
$ '"c:v CL$TOMI'SN.Al\NSTABLF. I~Af(~ 1{^t:.'BAkNSTAIl:.8: L.;it~l ()d.Oll.OA,~ CONl)ITIONS I."fRr..liJrl,OI:<:), DOC
Page 3 of 6
m-2,6-2005 10 :32AM
FROM-AGCHOiCE
7172631568
T-455 P 005/007 f-09!
Tern1S of Payment: The loan shall require a monlhly payrncnt based on a t\Vo (2) year terrn. The monthly
paynl.ent shall equal any accnled interest. Payment ~hall cominue until the loan is mamred Of demand by
the lender is made.
Securi:y: The BOlTower shall g,nntthe Lender a perfected security interest m, and a cantmued lien upon, the
following properly all of which is referred to collectively ~s the "CollmeraJ"
(IV) A fIrSllien pOSItion on any and all EqUIpment owned by Barnstable Farm Partnership, Tommy L
B10ser, Cynthia L Blaser, Steven L BloseI' and Manilla J, Blaser.
(v) A first lien position on any and all LIvestock, Inventory alld ACCOUntS Reeeiv>ible,
(VI) A first mortgage/lien on 1] 3+. acres of real eSlate loc.tod in West Pennsboro TO\\;1lShip,
Cumberland County, P A.
Note: The real estate will be pledged via one open-ended mOl1gage having a face amount '468,000, Said
M011gage will have Litle insurance insul'Ing tl1e Lender III the amount of the Mortgage Allloans
and >idvances by the Lender to Lhe Bonower are Cross Collateralized (please see paragraph IV,3
below),
La>in ServicingjOngin,rion Fee The l.ender shalll'eqmu a S 150,00 loan servicing/Oligination fee, Other fcos
(i.C'. legal, filing, insurance) flood cen:ification, flttomeys fC'es etc.) in addition to the foregoing fc~s maybe incurred
by the Borrower for closing of this loal1.
TV, AS TO AT_L LOANS
Guaramors: The following shall execute a1l10an documents to Strve as surety for the prompt and tllll p>iymtnt of the
obligation of the Borrower:
(1) Tommy L Blose'I and C)ollllla L l31oser.
(II) Steven L. Bloser and Martina J. Bloser.
(rIll Lany G. Adams and Trudy L, Adams,
2. The Borrowers shall be jomlly and individually liable for all loan obligations
3. Cross Collateral: All loans and odvanccs by the Lcnd~r to the Borrower under this Comrnitmt.:nl Lenet' and
any Loan documents and/or amendmclll(s) thereto i:l1'J.d under ,,11 other agreements, present and flltUl'e
(;ul:lstinlte One general obligi1tion secured by collateral and security held and La be held by the Lender
hereunder and by virrue of all other ilgreemcnts between Borrowers and Lender now and herc:after existing.
Cross collat.:r<J.l and ddault pL'ovisions inclt~ded in tbe Loan Agrcemem an~ hcreby incorporated herein by
refC:rtnce.
4. Th~ Borrower shall deliver to lhe Lender \vHhin 120 days <:liter the end of each. fiscal )iCar oUhe Borrower,
CPA prepared GAAP (Generally Accepted Accounting Prulclpals) consolid~tcd and consolidating
s.L~lttments of operations and ca:sh flows [01' lhe Borrower for such year; and the rehned balance sheet as at
tht end or such. year, ilE in reasonable detail, These stinerncnts must aha include a ycar.cncl market value
list of all feed, crops, livestock ancl other related invemones, The Borrower sh.n sign S\lcl1 sratemems and
S\CV CllS":'OMf.I<!)\8ARNSTAnu:. ~"^gM RAR\U,\RN~'I'M~~.F. r:MO..l 08-U; LOM.) CONDrT10NS l TR$46~.[),J(I, IlOr.
Page 4 of 6
AcG-1:O-1005 10: 33AM
FROM-AGCHO I CE
7171631568
T-455 P 006/007 F-067
cenify that the financial statements contain nO material misrepresentations,
S. The individui.tls refened TO in paragraph IV.1 above as guarantors ro thc$t: loans are to provide pC:fsOl'1C'\l
fjn<-1.ncial statements, and income & expense staIements as individuals and for any entiTies t1"41.t lhey arc
owners of on an arurual b,asis. These should be submitled to the Lender in conjunction with the items. being
submitted in paragraph IV A above
6. No Lien Agreement: The Borrower ::;;1-4'1.11 not create, incurl or suffer to exist any additional lien, pledge,
assignment or other encumbrances on, or security interest in any of the Collateral pledged to Association.
7 AppralsaL An appraisal acceptable TO the Association has been completed on the 1131-- acres, The
appraised \Ialue at /l minimum is to be 'li51 0,000.
8. Lender will be narnc:d as loss payees/mortgagee on all equipment, livestock and building insurance policies
The required insurance flH10Um:3 shown below are TO hav~ an insurance binder presented to the Lender
prior to loan closing. Minimum requirtcl insurance amolmts arc Machincr)I/Equipn1tm $100,000, Dwdlmg
$90,000, Dairy Barn-Parlor-equipment-and facilities S 185,000 and lbe Bank Barn and atladun.ms $50,000.
9, A loan-closing allorney acceptable to the Lender needs to be chosC\1, The Attorney IS to be authoriud to
issue an accepTable title insurance policy, and all nec~ssary endorsements, covering the open-ended
mortgage.
10. A new UCC filing olllivL'stock7 equipment, inventories, and accounts receivable is required.
] 1. The Bor:rowel' nl.3.y prepay any oUlstanding princip~\l balance: plus accrued interesl, in whole or in part,
\lv'ithout penalty.
12. Fees and Expenses: All items to be furnished hereunder shall be fumishtd without COST to the Lender, and
the Borrower will reimburse the Lender for all out-of-pocket expenses incuncd in connection \vith making,
enforcing and collectlOn of the loans; inclu.ding reasonable fees to the Lend.:r's Legal Counsel. The
Borrower/Guarantor agree to PDY for all closing costs associated wiTh '(he loan.
13, Bonower agrees to comply with the afflJTI1ative covcn9nts set forth in this Agreement jncludmg~ but 1101
limit~u to fUluishing fin:mcial statements and balance sheet;; as specified in said Agreerl1~nl
14, Governing Law: The loans shaU b. governed by the Fanll Credit Ad of 1971, lh, regulations thereTO and
thl: la\vs of the Cormnonwealth ofPenn::.ylvania.
15, Barnstable farm Partl1ership Agreement is to b~ amended, revised or l'ewriHcn to indicate a value of the
1] >- aere faml asset as $S 10,000, an aCCOtlllling finn is to be designated to prepare financial stat.ments,
income records, cash ilows ilnd reporting to Lhe LcnJel'. The new exccul~d Part11l:IShip Agrceni.ent is to be
provided w the L~ndcr at loan closing. Documems arc to be il1leglble f0l111 ~mct signed by the ParITlt:\'s.
~)
, ~
Rl' ,ciA Rmger^ ~
ASSISt m Vice prtSld'2'~
s,c\' Cu.s'I()Mm':i\ilMir-.'ST,"'Ull.~ fl\RM RAR\DARNST'\OLC FARM i'iR_02 LOAN CONDl'J'jONS LTl"S463,Q[IO,J)OC
Page 5 of 6
AUG-26-2005 103l\M
FROM-AGCHOICE
7172631568
T-455 P 007/007 F-297
AGCHOlCE FAR:\'! CREDIT, ACA
Acceptotlce and Approval
The undersigned hereby accepts flf!.d approv~s. the for~going, Commitment and agrees to the terms and conditions
thereof.
Datc
'6.1b,a:z,-
narnslable Farm, a Partnership.
BY:~ ~ ~jA-' --
Tommy L. 13 'er" Partner anc11ndividual
By V ~-1:'~ 01
Cynthia L. B10ser
BY~~~
Stoven l.. Bloser
,Pi.> ;. '1
Panner and Individual
Parmer and Individual
13y:V
Martina J, Bloser
BY~~' ~"'4..-/
Larry G. (amI; Partner and Individual
Byv0z:::~j ?fz---<-- "
Trudy L Ada~ I Partner and Individual
.fZ,0o.r---
Parmer and Individual
~:",Cv n:STm'lI:r:S,~....R.NS:l'r\Jll.E PARM 1l^IN.M,,>.jSTAllU.: t'ARM Otl.fj;:'I_O^~' CON:)(frONS LTR$46S,fx')<.'),DOC
Page (, of 6
Kornfield and Benchoff, LLP
Attorneys At Law
17 North Church Street
Waynesboro, PA 17268
Kimberly S. Runshaw
Paralegal
Rebecca J. Jamison
Legal Secretary
Phone: 717-762-8222
Fax: 717-762-6544
don@kornfie1d.net
andrew0i kornfield, net
.~
Donald L. Kornfield, Esq.
Andrew J. Benchoff, Esq.
August 29, 2005
Tommy L. Bloser, Cynthia L. Bloser,
Steven L Blaser, Martina.1, Bloser,
Larry G, Adams, Trudy L Adams
t/a Barnstable Farm Partnership
ISO Barnstable Road
Carlisle. PA 17013
DEFAULT AND ACCELERATION NOTICE
Good Morning:
We are writing regarding your loans from AgChoice Farm Credit, ACA. dated August] 6.
2002, in the principal amount of $45,000,00 and $408,000,00, The accounts with AgChoice are in
default, The purpose of this letter is to advise you that AgChoice hereby accelerates the amounts
due, This means that the full balances remaining on the loans are due and payable within 20 days of
your receipt of this notice,
The reason for the default is that you have failed to provide to Ag Choice 2004 net tax returns
or CPA statements or financial statements as required by the August 16, 2002, commitment letter.
The balance due on the $45,000,00 loan as of August 24. 2005. is $13,868,78, composed of
$13.802,09 principal and $66,69 interest. Interest will accrue at the rate of $2,61 from August 25,
2005, Attorney's fees and any costs incurred by AgChoice will also be added to the account.
The balance due on the $408,000,00 loan as of August 24, 2005, is $362.396,21. composed
of $360,622,14 principal and $1,774,07 interest. Interest will accrue at the rate of $77,] 3 from
August 25, 2005, Attorney's fees and any costs incurred by AgChoice will also be added to the
account
If you have not paid the full balances within the 20 day notice period, AgChoice intends to
exercise its legal rights contained in the loan documents to collect the balances due,
EXHIBIT
I p-3
PORSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR A TTEMPTINCj
TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE,
Sincerely,
Donald L. Kornfield
FIXIo" RATE NOTE
Date of Nole: August 16, 2002
loan Number: 026041422733-01
Place Executed: Chambersburg
PA
Amount: $ 45,000.00
REPAYMENT SCHEDULE
NUMBER
47
TYPE
FIxed Payment
DESCRIPTION OF DUE DATE
Monthly beginning
10/0112002
AMOUNT
"ins!allment(s)of$ 1,075.50 due
"installment(s) ofS due
"installment(s)of$ due
"installment(s)of$ due
A final installment of the unpaid principal balance afthe indebtedness and all accrued interest is due September 01, 2006 All installments are
successive unless otherwise noted and are payable on the same day of the month as the initial installment Installment payments will be applied to
amounts due in such manner as AssociatJon may determine in ils sole discretion, except as otherwise noted herein.
.. Fixed Payment means the installment amount is a level amount. Fixed Principal means the installment amount amortizes principal only and
accrued interest is due with each installment. Principal Only means the installment amount includes principal only and interest installments are
separate. Interest Only means the installment amount includes accrued interest only and principal instaliments are separate.
For value received, the undersigned (whether one or more) promise(s) to pay, in lawful money of the United States of America, in accordance with
the repayment schedule(s) above stated to the order of AgCholce Farm Credit, ACA
as agent/nominee (together with any holder hereof, "Association"), at its office in Chambersburg ,PA the principal sum of
Forty Five Thousand and 00/100
Dollars ($ 45,000.00 ), with Interest until paid at a rate of Six and 900/1000 percent ( 6.900 %) per annum.
The undersigned and every endorser and assumer of this note hereby expressly waive presentment, demand, protest and notice of dishonor, and
consent to all renewals, refinances, extensions, modifications, reamortizations or any other rearrangements of the indebtedness evidenced by this
note, and releases of personal liability and of security.
At the option of AssocJation, any default under the terms and conditions of this note or under any other written instrument executed by the
undersigned and owned, held or serviced by Association shall constitute a default under this note and anyone or more of such notes or other
written instruments. Upon default, Association, at its option, and without notice to the undersigned, may declare this note and all other indebtedness
owed by the undersigned to be immediately due and payable; may cease to make any further advances under this note; may foreclose upon or sell
any or all of the security for this note, in such order as it may prefer; may proceed with collections; may apply the proceeds to any indebtedness
secured thereby in any order which it may desire; and may exercise from time to time all rights and remedies available under the Uniform
Commercial Code and other applicable law, and under any other Instrumen: relative to such indebtedness or security. Unless prohibited by law,
any applicable prepayment premium shall be due and payable upon such acceieratIon.
if Association employs attorney(s) to collect the indebtedness evidenced by this note, or to enforce or preserve any rights provided for herein or
relating to any security for this note, or suit is filed hereon. or proceedings are had in bankruptcy or any other court whatsoever with respect thereto.
then, in addition to any principal, interest or other charges provided for herein, Association shall also recover all costs and expenses, including
attorneys' fees and legal expenses reasonably incurred in connection therewith, including such costs and fees incurred on appeal. Such amounts
shall become part of the indebtedness evidenced hereby and shall be immediateiy payable on demand, and shall, to the extent permitted by iaw,
bear Interest from the date incurred until paid at the rate provided herein.
If there is any error or omission in this note or in any instrument securing it, the undersigned will promp~y, upon request of Association, execute a
new note or other documents as deemed necessary by Association to correct such error or omission and will promptly pay upon demand of
Association all attorneys' fees, costs and expenses incurred In connection therewith. If the undersigned fails to pay, upon demand of Association,
any sums due or incurred by Association for any of the purposes stated in this note, Association may advance the same, and all amounts so
. advanced shall become principal immediately due and payabie hereunder.
The undersigned agrees to provide current financial statements, including a balance sheet and income statement in a form acceptable to the
Association as may be from time to time requested by Association while the indebtedness evidenced hereby or any other Indebtedness from the
undersigned IsolJtstanding.
The undersigned may at any time make prepayments of principai in any amount, provided all accrued interest and all other expenses and charges
have been paid current. Prepayments applied to installments will be In Inverse order of maturity. except as otherwise provided in writing by
Association.
If any installment of principal and/or interest (or portions thereof) is not paid when due and remains unpaid at the end of twenty-nine (29) calendar
days, a late charge equal to the sum of Five and 00/100 percent ( 5.00 %) of the overdue installment shall be paid by undersigned to
Association, not to exceed a maximum of $ N/A
If any installment of principal and/or interest (or portions thereof) is not paid when due or the undersigned is otherwise in default under the terms and
conditions of this note and said default is not cured within sixty (60) calendar days, the interest rate on the entire indebtedness evidenced hereby,
at the option of Association, shall be increased beginning on the sixty-first (61st) day and continUing through and inciuding the day such default is
cured, In an amount eqljal to the rate or rates otherwise being charged hereunder plus Three and 00/100 percent ( 3.00 %) per annum.
THiS .DOCUMENT IS EXECUTED BY UNDERSIGNED IN FAVOR OF ASSOCiATiON AS AGENT/NOMINEE OF ITS WHOLLY-OWNED
SUBSIDIARY AgChoice Farm Credit, PCA PURSUANT TO THE MASTER AGREEMENT
DESCRiBED HEREIN. AT THE OPTION OF ASSOCIATION ANY DEFAULT UNDER THE TERMS AND CONDITiONS OF ANY OTHER
WRiTTEN INSTRUMENT EXECU D OWNED, HELD OR SERVICED BY
AgChoice Farm Credit, ACA EXHIBIT J;SELF AND/OR AS AGENT/NOMINEE FOR ANY
PARTY PURSUANT TO A MASTER AGR OWNED SUBSIDIARIES SHALL CONSTITUTE A DEFAULT
UNDER THIS DOCUMENT.
I
p-~~
G04402XT Rev (04/Q1)
Date of Note: August 16, 2002
Loan Number: 026041 422733-01
Amount $ 45,000.00
This note is the joint and several obligation of all persons executing it. Given under the hand and seal of the undersigned.
Ba~mpar1~
/, ....?:. .~
Larry A ms, General Partner
V.J'~~
Trudy L'. Ada s, General Partner
V d~ d ~n&pp.,
Cynthia oser, Genera Partner
(l.S.)
(L.S,)
(L,S.)
o/[Yl~ ~ ~L,f)p/\'
Martina J. Boser, eneral P ner
~~~
~ ~?U
To my L o~, Genera Partner
(~S~~VI~
.L JA:. ~~
Trudy L. Adams, Inrlvrduall
V ~ ~ 2.("'\01\
Cyntlila loser, In IVldually
(L.S.)
(L.S.)
(L.S.)
(L.S.)
{l.S,j
(L.S.)
;NVd"~Y~
leven loser, Individually
./7. ;L4?
Tommy L BI~er, Individually
(l.S.)
(LS.)
(L.S.)
(L.S.)
(L.S.)
(l.S.)
(L.S.)
The within note is hereby endorsed by the payee named in the body of said note to the same extent as if the name of the payee were hereinafter
slated under the name of the loilowing endorsee:
PAY TO THE ORDER OF AGFIRST FARM CREDIT BANK, COLUMBIA, SOUTH CAROLINA
GfJ4402XT Rev (04101)
Page 20f 2
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DOUGLAS LAW OFFICE
27 W. HIGH ST.
POB 261
CARLISLE P A I70I3
TELEPHONE 717-243-1790
WILLIAM p, DOUGLAS, ESQ,
Supreme Court I.D,# 37926
AG Choice Farm Credit, ACA In the Court of Common Pleas of the 9th
Plaintiff Judicial District of Pennsylvania
Cumberland County
vs
No. 2005 - 5441
Barnstable Farm Partnership, Tommy
L. Bloser, Cynthia L. Bloser, Steven L.
Bloser, Martina J. Bloser, Larry G.
Adams and Trudy L. Adams
Defendants
Civil action law
Defendants' Answer to Plaintiff's Complaint
and New Matter
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
Count I
6. The answers to paragraphs 1 through 5 are incorporated herein and
reference is made thereto.
7. Admitted,
8. Denied, The defendants supplied the referenced documents as soon
as they became available to the plaintiff prior to the filing of this law suit
and therefore are not in default as claimed by the plaintiff, In addition, tax
returns were supplied on two occasions prior to the August 29, 2009
,
because the defendants were told that Richard Ringer had lost them and
following the aforesaid letter being received a third set of tax returns were
provided to Richard Ringer.
9. Denied as stated. It is admitted that the plaintiff sent a letter dated
August 29,2005 however it is denied that the defendants were in default.
10. Admitted.
11. Denied. The defendants continue to make their regular payments to
the plaintiff but have not paid off the balance due to the fact they were not
in default as claimed by the plaintiff.
12. Denied. It is admitted that the defendants are indebted to the
plaintiff but deny that any fees are owing due to the fact they were not in
default as claimed.
13. Admitted.
Wherefore it is prayed that judgment be entered in favor of the defendants and against the
plaintiff.
Count II
14, Admitted.
15, Admitted.
16, Denied. The defendants supplied the referenced documents as soon
as they became available to the plaintiff prior to the filing of this law suit
and therefore are not in default as claimed by the plaintiff.
17, Denied as stated. It is admitted that the that plaintiff sent a letter dated
August 29, 2005 however it is denied that the defendants were in default,
18. Admitted.
19. Denied. The defendants continue to make their regular payments to
the plaintiff but have not paid off the balance due to the fact they were not
in default as claimed by the plaintiff.
20. Denied. It is admitted that the defendants are indebted to the
plaintiff but deny that any fees are owing due to the fact they were not in
default as claimed.
21. Admitted,
. .
Wherefore it is prayed that judgment be entered in favor of the defendants and against the
plaintiff
New Matter
22. The defendant hereby pleads any and all applicable affirmative defenses
enumerated in the Pennsylvania Rules of Civil Procedure.
Wherefore it is prayed that judgment be entered in favor of the defendants and against the
plaintiff
Respectfully submitted
~~.
November 9, 2005
William P. Douglas, Es
Attorney for Defendant
,
. .
. .
AFFIDAVIT
I hereby swear or affirm that the foregoing is true and correct to the best of my
knowledge and/or information and belief.
This is made subject to the penalties of 18 Pa.C.S.A. g4904 relating to unsworn
falsification to authorities.
Date: November 9, 2005
William P. Douglas, Esq.
Attorney for Defendants
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05441 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AG CHOICE FARM CREDIT ACA
VS
BARNSTABLE FARM PARTNERSHIP ET
WILLIAM CLINE
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BARNSTABLE FARM PARTNERSHIP
the
DEFENDANT
, at 1425:00 HOURS, on the 21st day of October ,2005
at 150 BARNSTABLE ROAD
CARLISLE, PA 17013
by handing to
STEVEN BLOSER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
18.00
4.80
.37
10.00
.00
33.17
So Answers:
:;?/..fif:.:~:~
R. Thomas Kline
Sworn and Subscribed to before
me this /"e
day of
11/09/2005
KORNFIELD & BENCHOFF
BY:Ab-z. -
'" Deputy Sheriff
n-~~ A.D.
~oth r
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05441 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AG CHOICE FARM CREDIT ACA
VS
BARNSTABLE FARM PARTNERSHIP ET
WILLIAM CLINE
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BLOSER TOMMY L
the
DEFENDANT
, at 1425:00 HOURS, on the 21st day of October
2005
at 210 BARNSTABLE ROAD
CARLISLE, PA 17013
by handing to
TOMMY BLOSER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
4.80
.00
10.00
.00
20.80
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i~'~';(P'" ,;i:""'::';::::d,-,~~,v;;;":';;4e:~ /~~
R. Thomas Kline
11/09/2005
KORNFIELD & BENCHOFF
'"
me this 1(,-
day of
By: ~\/ ~
~ Deputy Sheriff
Sworn and Subscribed to before
l1.~J-~ J~ .D.
~L
P thon ry
SHERIFF'S RETURN - REGULAR
.
CASE NO: 2005-05441 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AG CHOICE FARM CREDIT ACA
VS
BARNSTABLE FARM PARTNERSHIP ET
WILLIAM CLINE
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BLOSER CYNTHIA L
the
DEFENDANT
at 1425:00 HOURS, on the 21st day of October ,2005
at 210 BARNSTABLE ROAD
CARLISLE, PA 17013
by handing to
CYNTHIA BLOSER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
r;;:Y~~e:/~
R. Thomas Kline
11/09/2005
KORNFIELD & BENCHOFF
me this
I&~
day of
By: 4~~4'Vd
/. Deputy Sheriff
Sworn and Subscribed to before
~~ t~~D
Pr tho a y
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05441 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AG CHOICE FARM CREDIT ACA
VS
BARNSTABLE FARM PARTNERSHIP ET
WILLIAM CLINE
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BLOSER STEVEN L
the
DEFENDANT
, at 1425:00 HOURS, on the 21st day of October ,2005
at 150 BARNSTABLE ROAD
CARLISLE, PA 17013
by handing to
STEVEN BLOSER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
" ''''.1'
" ..','
~. .J:'-'-':':~,
R. Thomas Kline
11/09/2005
KORNFIELD & BENCHOFF
Sworn and Subscribed to before
By:
~v7 -
, Deputy Sheriff
me this
'"
J(, ~
day of
~ 2~/ rilJD
,~~~
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05441 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AG CHOICE FARM CREDIT ACA
VS
BARNSTABLE FARM PARTNERSHIP ET
WILLIAM CLINE
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BLOSER MARTINA J
the
DEFENDANT
at 1425:00 HOURS, on the 21st day of October
2005
at 150 BARNSTABLE ROAD
CARLISLE, PA 17013
by handing to
MARTINA BLOSER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
.".</?f'" . /~
-1'>- >/";'_,:,:,~_""<~"'.:.7"":&...!. ~~
R. Thomas Kline
11/09/2005
KORNFIELD & BENCHOFF
me this Jl.. ""-
day of
By: ~~.~TL
, Deputy Sheriff
Sworn and Subscribed to before
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05441 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AG CHOICE FARM CREDIT ACA
VS
BARNSTABLE FARM PARTNERSHIP ET
WILLIAM CLINE
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
ADAMS LARRY G
the
DEFENDANT
, at 0953:00 HOURS, on the 24th day of October
2005
at 6 LOCUST HOLLOW ROAD
CARLISLE, PA 17013
by handing to
LARRY ADAMS
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
4.80
.00
10.00
.00
20.80
..
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R. Thomas Kline
11/09/2005
KORNFIELD & BENCHOFF
me this
II. e. day of
By: ~~. r/~-
7~ / ,
/' Deputy Shef f
Sworn and Subscribed to before
~~D
()~ .
rot 0 ary
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05441 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AG CHOICE FARM CREDIT ACA
VS
BARNSTABLE FARM PARTNERSHIP ET
DOUGLAS RUZANSKI
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
ADAMS TRUDY L
the
DEFENDANT
, at 1600:00 HOURS, on the 7th day of November, 2005
at 9 LOCUST HOLLOW ROAD
CARLISLE, PA 17013
by handing to
TRUDY ADAMS
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
."i"',....,',..
i
R. Thomas Kline
'.,c<"
",'
Sworn and Subscribed to before
By:
/
BENCI)0F
/
.
/
.'
11/09/2005
KORNFIELD &
me this I<- ~
day of
~O
f
~. "~D
flL '
pr~thon y
Kornfield and Benchoff, LLP
17 North Church Street
Waynesboro, FA 17268
(717) 762-8222
FAX 762-6544
don@kornfield.net
Atty. I.D. #19242
AG CHOICE FARM CREDIT, ACA
Plaintiff
vs.
TOMMY L. BLOSER, CYNTHIA L.
BLOSER, STEVEN L. BLOSER,
MARTINA J. BLOSER, LARRY G.
ADAMS and TRUDY L. ADAMS
Defendants :
: IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
:
CUMBERLAND COUNTY BRANCH
.
.
CIVIL ACTION - LAW
.
.
No. 2005 - 5441
REPLY TO NEW MATTER
NOW COMES Plaintiff and replies to the new matter alleged by Defendants as follows:
22. The allegation is a conclusion of law to which no response is necessary, and should a
response necessary, denied in that such defenses must be enumerated rather than plead
generally.
~
K0 air] D and ,.BEfr~F
I I . I
By I ~
I verify that the statements made in this reply to new matter are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating
to unsworn falsification to authorities.
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Kornfield and Benchoff, LLP
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222
FAX 762-6544
don@kornfield.net
Atty. I.D. #19242
AG CHOICE FARM CREDIT, ACA
Plaintiff
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
vs.
CUMBERLAND COUNTY BRANCH
BARNSTABLE FARM PARTNERSHIP,
TOMMY L. BLOSER, CYNTHIA L.
BLOSER, STEVEN L. BLOSER,
MARTINA J. BLOSER, LARRY G.
ADAMS and TRUDY L. ADAMS
Defendants
CIVIL ACTION - LAW
# 2005-5441
AMENDED REPLY TO NEW MATTER
NOW COMES Plaintiff and replies to the new matter alleged by Defendants as follows:
22. The allegation is a conclusion of law to which no response is necessary, and should a
response necessary, denied in that such defenses mllst be enumerated rather than plead
generall y.
By Ai
I verify that the statements made in this amended reply to new matter are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities
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AG CHOICE FARM CREDIT, ACA
Plaintiff
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
:
vs.
CUMBERLAND COUNTY BRANCH
BARNSTABLE FARM PARTNERSHIP,
TOMMY L. BLOSER, CYNTHIA L.
BLOSER, STEVEN L. BLOSER,
MARTINA J. BLOSER, LARRY G.
ADAMS and TRUDY L. ADAMS
Defendants
CIVIL ACTION - LAW
#2005-5441
AFFIDAVIT OF SERVICE
Kimberly S. Runshaw, paralegal at the law offices ofKornfidd and Benchoff, LLP, deposes
and says that she served a Reply to New Matter and Amended Reply to New Matter filed in the
above.captioned matter on Defendants by mailing the same to their attorney, William P. Douglas,
Esq., at 27 West High Street, P.O. Box 261, Carlisle, PA 17013, by first class mail on January 4,
2006.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.c.S.A. Section 4904 relating to unsworn
falsification to authorities.
K/~~{ ~~
Kimberly S. Runji
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AG CHOICE FARM CREDIT, ACA
Plaintiff
va.
BARNSTABLE FARM PARTNERSHIP,
TOMMY L. BLOSER, CYNTHIA L.
BLOSER, STEVEN L. BLOSER,
MARTINA J. BLOSER, LARRY G.
ADAMS and TRUDY L. ADAMS
Defendants
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
CUMBERLAND COUNTY BRANCH
CIVIL ACTION - LAW
#2005-5441
PETITION
Pursuant to Pa.R.C.P. Rule 3117
NOW COMES Plaintiff by its attorney Donald 1. Komfield, and pursuant to Pa.R.c.P. Rule
40 19(9)( I ), respectfully represents:
I. Plaintiff served Interrogatories on Defendants by mailing the same to Defendants'
attomey on December 27, 2005.
2. Plaintiffby letter of February 1,2006, requested answers and as of February 13,2006,
no responses have been made thereto.
WHEREFORE, Plaintiff prays the Court enter an Order compelling Dv." mlm" '" =p''''''
to the Interrogatories served by Plaintiff.
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I veriJY that the statements made in this Petition are true and correct. I understand that false
statements herein are made subjectto the penaltie of18 Pa.c.S.A. Section 4904 lating to unsworn
falsification to authorities.
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AG CHOICE FARM CREDIT, AcA: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
BARNSTABLE FARM
PARTNERSHIP, TOMMY L.
BLOSER, CYNTHIA L. BLOSER,
STEVEN L. BLOSER, MARTINA
1. BLOSER, LARRY G. ADAMS
and TRUDY L. ADAMS,
Defendants
NO. 05-5441 cIVI;
IN RE: MOTION TO COMPEL
ORDER
AND NOW, this z.. 'Z-./ day of February, 2006, a rule is issued on the defendants to
show cause why the relief requested in the within motion to compel ought not to be granted.
This rule returnable twenty (20) days after service.
BY THE COURT,
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AG CHOICE FARM CREDIT, ACA
Plaintiff
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
vs.
CUMBERLAND COUNTY BRANCH
BARNSTABLE FARM PARTNERSHIP,
TOMMY L. BLOSER, CYNTHIA L.
BLOSER, STEVEN L. BLOSER,
MARTINA J. BLOSER, LARRY G.
ADAMS and TRUDY L. ADAMS
Defendants
CIVIL ACTION - LAW
#2005-5441
AFFIDAVIT OF SERVICE
Kimberly S. Runshaw, paralegal at the law offices ofKomfield and Benchoff, LLP, deposes
and says that she served an Order dated February 22,2006, and Petition filed in the above-captioned
matter on Defendants by mailing the same by first class mail to their attorney, William P. Douglas,
Esq., 27 High Street, P.O. Box 261, Carlisle, PA 17013, on February 24, 2006.
I verifY that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.c.S.A. Section 4904 relating to unsworn
falsification to authorities.
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AG CHOICE FARM CREDIT, ACA
Plaintiff
vs.
BARNSTABLE FARM PARTNERSHIP,
TOMMY L. BLOSER, CYNTHIA L.
BLOSER, STEVEN L. BLOSER,
MARTINA J. BLOSER, LARRY G.
ADAMS and TRUDY L. ADAMS
Defendants
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
CUMBERLAND COUNTY BRANCH
CIVIL ACTION - LAW
#05-5441 Civil Term
PRAECIPE
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter withdrawn.
Date: March 10,2006
By
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