HomeMy WebLinkAbout02-2357COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
COURT OF COMMON PLEAS
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No g C; I r
NOTICE OF APPEAL AQ f3, QJ a
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
daro and in the case mentioned below
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when this
Pa. R.C.P.J.P. No
1008L
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case
If apifellant was CLAIMANT (see ft. R.C.P.J.P. No.
1001(6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
signature of Prothonotary or Deputy filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon
nine of apperleera, , aPPellee(s), to file a complaint in this appeal
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
SVmue of appehint or ft atsarW or agars
RULE: To , appellee(s).
rJeme of ?TBeta,
(1) You are ratified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by Personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date:
Sigma V of AoegnoWy or Deputy
AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
COMMONWEALTH OF PENNSYLVANIA
Vr: ..vr+aunau' u
No.:
09-3-01
DJ Name: Hon.
HAROLD E. BENDER
Address: 81 WALNUT BOTTOM ROAD
P.O. BOX 361
SHIPPENSBURG, PA
Telephone! (717 ) 532-7676 17257-0361
QdL - ,2315- '?
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
FSANDROD SERVICES & SALES
89 HERSHEY RD
SHIPPENSBURG, PA 17257
L J
VS.
DEFENDANT: NAME and ADDRESS
rALGER, DARYL
201 SOUTH MT PLEASANT RD
LEBANON,, PA 17042-8945
SANDROD SERVICES & SALES L J
89 HERSHEY RD Docket No.: CV-0006056m-02
SHIPPENSBURG, PA 17257 Date Filed: 3/01/02 IM&
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR DRFRND Nm
® Judgment was entered for: (Name) AT.r_xR nARVr.
Y Judgment was entered against: (Name) SANnROn SRRVT[RRg c aAr RC
in the amount of $ nn on: (Date of Judgment) 4112102
? Defendants are jointly and severally liable. (Date & Time)
? Damages will be assessed on:
7 This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
? Levy is stayed for days or 1-1 generally stayed.
0 Objection to levy has been filed and hearing will be held:
Amount of Judgment $
Judgment Costs $
Interest on Judgment $
Attorney Fees $
Total $
Post Judgment Credits $
Post Judgment Costs $
------------
Certified Judgment Total $
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
'O?Pate s" at..' r--- , District Justice
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date , District Justice
My commission expires first Monday of January, 2006
AOPC 315-99
SEAL
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FLED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF __......._.__....._..._.? SS
AFFIDAVIT: I hereby swear or affirm that I served
? a copy of the Notice of Appeal, Common Pleas No.. ?S7 , upon the District Justice designated therein on
(date of service) ?M?? _.. ? by personal service Nr by (certified) (registered) mail, sender's
receipt attache hereto, and appellee, (name) . _.... _ on
/y1 _ ? by personal service rgby (certified) (registered) mail, sender's receipt attached hereto.
El and furt er that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on ? by personal service ? by (certified) (registered)
mail, sender's receipt attached hereto. s -W $u& -Ace
....... ...._..... --
Signature of affiant
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SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS l 8! DAY OF _`7Yj__-, $00 2
COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
COURT OF COMMON PLEAS
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
/
COMMON PLEAS Na 15-7
NOTICE OF APPEAL /r1A? /3. aka
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
date and in the case mentioned belowc
- 12--0 2'
Cv inAddes -ems
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This block will be signed ONLY when this notation is required under Pa. RCPJP. No
10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case
or
/f a
C
was CLAIMANT
7L s`
Pa. R.C.P.J.P. No.
1001(6) in action before DiSdicfjustice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon
Name of appellee(s)
appellee(:), to file a complaint in this appeal
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
RULE: To signature of appeke,rt or his attomey or agent
mare of appeNae(s) oppellee(s). - I -11 (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date:
Signature of P100" Wry Or DrpAy
6&1 - -I + Q
Aoac 312-90 COURT FILE
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?EwPa 17042
M Postage $ $0.34
S ,
rq Certified Fee
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Return Receipt Fee $ ' 0
(Endorsement Required)
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O Restricted Delivery Fee $0.00
O (Endorsement Required)
O Total postage a Fees $ $3.94 -
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Here
05/18/2002
i
RODNEY E. RICE t/d/b/a
SANDROD SERVICES AND SALES
Plaintiff
VS.
DARYL L. ALGER
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA:
CIVIL ACTION - LAW
: NOS. 2002-2358
: NOS. 2002-2359
: NOS. 2002-2360
: NOS. 2002-2361
NOTICE TO DEFEND
oa-a3s? C,?i?
Per +q /yA o I? ? o vhongp d
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action with in twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so, the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle PA 17013
(717) 249-3166 or 1-800-990-9108
1 1
1
failed or refused to make payment to Plaintiff in the following amounts: (1) commission for the
second half of 2000 in the amount of $800; (2) commission for the full year of 2001 in the
amount of $1,600; (3) late charges at the rate of 1'/z percent per month for commissions unpaid,
which late charges totaled $612 through January 30, 2002, and which continue to accrue at the
rate of $36 per month.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $3,012,
plus late charges of $90 per month from January 30, 2002 to date of payment, costs of suit, and
such other relief as the court may deem just and proper.
Respectfully Submitted,
Date:
By
M in Beshore, Esquire #31979
130 State Street
P. O. Box 946
Harrisburg, PA 17108-0946
(717) 236-0781
Attorney for Plaintiff, Rodney E. Rice,
t/d/b/a Sandrod Services and Sales
5
VERIFICATION
I, Rodney E. Rice, hereby verify that the statements made in the foregoing Complaint are
true and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 PA. Section 4904 relating to unworn
falsification to authorities.
Dated: 31' .O z £.
Rodney . Rice
Sandrod Service and Sales
Exhibit A
04/22/99 18:27 FAX 7172300781 'XILSPAMBESHORE IQOOY
THIS IS AN AGREEMENT made this a day of Z 196®. by
Ora between SANDRIM 8MWAS a BALES of 89 HW1fAy Rosa, ShlpPe WXWg,
Paruyivanta, (hW*MW #Sendrod') and DARYL L. ALCM d 201 South Mt. Pbmmmnt
P A64 Lebanon. Psnneylvarae 17042 (h.ra w'Alper').
WHEREAS Alper btlw Leseee of osrWnparceboftandowned byLewis Lehman,
are bj*wss snnltgrin whlett h9 has sn Intsr.st(hsreal w%mhw*e)whiich land is located
in Mcnros and sir,ound m towrahips, Cumbsriend Counbr, PwwwlvWa; and
WHEREAS, In consideration for services rendwed by Sandrod to Alper In
connection wlh Alper's lees of the subject lands, Alper end Sendrod have made tifa
AWmmw t.
WITNESSETH:
NOW, THEREPORE, in consideration of ttw m imal covenants M totth hsWn the
spree.
1. RwWs. The forapoinp recMIs are Incorporated heroin by ieesrertce.
2. Preetihes. The suWM of this aoreanert is all I.esed farm land a wWw
owned by Lehman and leased to Alper pursuant to a cw Wn Lem AG.snnwt wi active
September 1, 1668, micernlnp On Womb In Monroe and ammundin a townships,
Curribwland County, Perev rands, amwisting of apprmdmatelySwm Hwdred FW(73 )
loEight Hundred (800) stns offarmland, and any addtemal farm land thatAjpsr may in
the future ism *om Lehrman. Q5D
S. Term. This agrwwnt shall be eNbcdve so tong se AIGW leasethe subject
Property from Uftffwn
4. Repoft!". Alger will have annual soil tests clone on each farm leased ftm
Lehrman andpwvide Ssrdrodwilh a m pyofwne on orbelbro seomiriber 1 ofesch year.
Furthermore, Alper will Provide Smukod with crop produatia OAM data for each d same
said tarns.
04/22/9e 16:27
b.
pftwmft
FAX 7172360761 rILSPAMES90R$
Paymervls ay ANW140 sandrod: Auger shad make to sandrod thefollowkV
4.6P(a) Five ($6.00) Dollars per ace for each acne ove ft leased by MW
from Lehman, why " be payable upon Swan Hundred FRY (750) 10 89M
Hundred(800)aces, plus five ($3.00) OdUnforeach addkWml area teased in th@&A"
by Lehrman to Alper. Paymertt sued be Made on or before April 2M d each year.
(b) L.ite aichlaW
paymsntdwM tm&A db Wft c wVln F i
paragraph notbeliM+eb made, any
amount of one and Of*-hW psroerk (1 1J2%) per month.
8. Wdbb of Fk t 111e1Wed. To the extent that It is wilMn Aloaft CWftI,
Sandrod shall have to right d first rekmt
to his leas.
(a) To rat any adelft property owned by Lehrman;
(b) To rant any newly so*mvd property awned by Lehrman; and
(e) To do any oAm m work on lands rand by Alper wtdoh are vAjo d
7. SmadL HanydisputeariseabelweeMh pwftsMreundK,ihayspr' tM
it shell be a bnIttedto W ding mblWom For these "pcoes the parties agree In good
faith one arbW*w shall hear and deeds any disputes. N the parties cannot apse upon
one ¦rbitrator, each shalt sated an arbitrator and the two aeloded shall select a third
neutral arbitrator to hoer and decide tta dalMr. To the m&m 1+t that the parties °arrnd
mutusNy agree upon rules and prooedurso for cry nsoseaery arbllration of disputas, the
Uniform Arbitration Ad, as adopted M Permoylvania, etatl apply.
® 003
s. ants Agreement This contract cwftkis the entire eorseetent by and
between the parles hereto supers xft any and ON prior aWs marts, wrtttan or oral,
which the parties have entered into and may not be modMed or Wised witltout the prior
"Nags tstitten conseM d the parties hereto.
9. 8trrdbq PIS A- THs o &sd is binding on to halm, woossms and
mW* of the parties.
-2-
Exhibit B
AGREEMENT 91 ch.-Jas
THIS IS AN AGREEMENT made this 0-7 day of 1998, by
and between SANDROD SERVICES a SALES of 89 Hershey Road, Shippensburg,
Pennsylvania, (hereafter Sandrod) and DARYL L. ALGER of 490 Campbelltom Road, G
Palmyra, Pennsylvania 17078 (hereafter Alger).
WHEREAS, Sandrod is the Lessee of certain parcels of land owned by the Estate
of Ralph C. Otto, which land is located in Cumberland County, Pennsylvania, identified as
d
ASCS FSN 2372(A) and (B), depicted on Exhibits A and B attached hereto; and o v
WHEREAS, the parties hereto desire to enter into this agreement concerning the
financing and production of crops on said farmland during the 1998 crop year.
WITNESSETH:
NOW9 THEREFORE, in consideration of the mutual covenants set forth herein the
parties agree:
1. Recitals. The foregoing recitals are incorporated herein by reference.
2. Premises. The subject of this agreement is the production of crops upon
acreage owned by the Estate of Ralph C. Otto and leased to Sandrod pursuant to a certain
Lease Agreement effective April 20, 1998 concerning the lands in Cumberland County,
Pennsylvania, identified as ASCS FSN 2372(A) and (B), consisting of Two Hundred and
Forty-Five (245) acres. -f- O V-&%.F,,zld Xo +,- A.
3. Tenn. The term of this agreement shall be for the crop year 1998.
4. Ownership of Crops. Sandrod shall be the owner of all crops grown
pursuant to this agreement. Furthermore, Sandrod shall be entitled to receive any and all
payments from the USDA, Farm Service Agency or Commodity Credit Corporation with
respect to the land and/or crops grown thereon.
5. Payments by Alger to Sandrod: Alger shall make to Sandrod the following
payments:
(a) Payment for crop inputs as incurred by Sandrod including, but not ?Y
limited to, seed, insecticide, fertilizer, and any other inputs as agreed to by the parties.
(b) Eighty ($80 Dollars per acre for each acre farmed, which shall be I7 s
payable upon Two Hundred Forty-Five (245) acres. Payments shall be made as follows:
q /87.-06
(1) $9,800.00 on or before April 25, 1998; and
ot 1 %-1.60 SAmi
(2) $9,800.00 on or before the earlier of October 10, 1998, or the
first day of harvest of crops on the subject premises and harvest shall not be begun until
said payment is made;
(c) An additional amount as agreed to by the parties for Sandrod's
services including planting, tillage, harvesting, hauling, etc. and guaranteed coverage.
Payments on account for these items shall be made after work is completed and within
fifteen (15) days after a statement for the work or services has been presented.
(d) Payment for guaranteed coverage shall be made on or before
October 25, 1998.
(e) Late Charges. Should any payment due to Sandrod per the foregoing
subparagraphs (a) through (d) not be timely made, any such late payment shall be subject
to late charge in the amount of one and one-half percent (1-1/2%) per month.
6. Crop Proceeds. Sandrod shall pay to Alger the proceeds of sale of all crops
grown and harvested.
e
7. Responsibility for Planting, Harvesting, and Recordkeeping. To the
extent so-designated by Alger, Sandrod shall be responsible for planting, tilling and
harvesting the crops including weed control and aWlication of all " 'des and
insecticides. s a f responsible for maintaining records required to be
maintain y any and all state and federal regulatory agencies, including but not limited
to the Environmental Protection Agency.
tC b" 8. Lease Compliance. Sandrod shall be responsible for compliance with the
( Lease with the Estate of Ralph C. Otto in all respects. For these purposes Sandrod
reserves for Otto's use the full and free right and liberty of entry and re-entry, and of
ingress and regress, in, upon, into or through any portion of said premises, and every part
thereof, at any and all times during said term, for the purpose of improving or amending
the said premises or directly examining the condition of the premises. It is agreed and
understood between t ariies th a'Otto shall notynterfere, tleweves, with Sandrods or
t-C-AL ",1147
9. Breach. If any dispute arises between the parties hereunder, they agree that
it shall be submitted to binding arbitration. For these purposes the parties agree in good
faith one arbitrator shall hear and decide any disputes. If the parties cannot agree upon
one arbitrator, each shall select an arbitrator and the two selected shall select a third
-2-
17. Binding Effect. This contract is binding on the heirs
assigns of the parties. , Successors and
IN WITNESS WHEREOF, the parties hereto intending to be fully and legally bound
have hereunder set their hands and seals on the day and year first above-written.
WITNESS:
t
DARYL ALGER
SANDROD SERVICES & SALES
BY AN AUTHORIZED AGENT
-4-
Exhibit C
AGREEMENT 9S1'? Al 2.060
THIS IS AN AGREEMENT made this day of , 1999' by
and between SANDROD SERVICES a SALES of 89 Hershey toad., Shippensburg,
Pennsylvania, (hereafter "Sandrod") and DARYL L. ALGER of 201 South Mt. Pleasant
Road, Lebanon, Pennsylvania 17042 (hereafter "Alger").
WHEREAS, Sandrod is the Lessee of certain parcels of land owned by the Estate
of Ralph C. Otto, which land is located' Cumberland o ibits A, B and C attached heret identified and
depicted
ASCS FSN 2372(A), (B) and (C),
WHEREAS, the parties hereto desire to enter into this agreement concerning the
financing and production of crops on said farmland during the 1999 crop year.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants set forth herein the
parties agree:
1. Recitals. The foregoing recitals are incorporated herein by reference.
2. Premises.. The subject of this agreement is the production of crops upon
acreage owned by the Estate of Ralph C. Otto and leased to Sandrod pursuant to a certain
Lease Agreement effective April,1999 concerning the lands in Cumberland County,
Pennsylvania, identified as ASCS FSN 2372(A),(B) and (C), consisting of Two Hundred
and Forty-Five (245) acres of farm land, Exhibit (A) and (B), and all or part of 50 acres of
same leased lands known as the Overfield parcel, Exhibit (C), use conditioned upon
improvements being made to Overfield parcel by Alger. Said improvements include the
removal of brush, trees and rocks from the area farmed. Because of the need for these
improvements to be done, there will be no rental charged to Alger for use of the Overfield
parcel.
3. Tenn. The term of this agreement shall be for the crop year 1999.
4. Ownership of Crops. Daryl L. Alger shall be the owner of all crops grown
pursuant to this Agreement. Furthermore, Alger shall be entitled to receive any and all
payments, loans or other program benefits from the USDA, Farm Service Agency or
Commodity Credit Corporation with respect to the land and/or crops grown thereon.
5. Crop Insurance. Alger shall, at his expense, during the Lease term maintain
crop insurance coverage on all crops grown pursuant to this Agreement. Alger shall
provide to Sandrod a Certificate of Insurance demonstrating compliance with this
paragraph.
u4'zaie» 14:56 FAX 7172360781 MILSPAW&BESHOR6
lb 003
S. Registration and Reporting Daryl L. Algerwill re9i5terwrth and report crop
acres to the USDA, Farm Service Agency to receive all loans. program benefits, and
payments.
7. Paymwnts by AI9er to W. Alger shall make to Sandrod the following
payments: 70.00 PL
(a) Seventy Five Dollars (SM-11M Per are for each sae fanned, which
shall be payable upon Two Hundred Forty-Five (245) acres. Payments shall be made as
follows: g 575
??? (1) g ip on or before April 25, 190; and
4"52M on or before the earlier of October 10, 1999, or the
first day of harvest of crops on the subject promises and harvest shell not be begin until
said payment is made; *z
received, within one week
? ivaient to any flex payment
(b) A,, ?? e9u
after receipt of such payment by Alger from USDA, FSA.
(c) (gets Charges. Should any paymentdueto Sandrod pertheforegoing
subparagraphs (a) and (b) not be t1M*IY made, any such k" m shall be subject to
late charge in the amount dons and mm-F?aif Perc' ( -'12%) Per
s. Lease Complfar=. Sandrod shall be responsible for compliance with the
Lease with the Estate of Ralph C. Otto in all respects. For these Purposes Sandr'od
reserves for Otto's use the full and free right and liberty of entry and re-entry, aWW of
ingress and regress. in, upon, into or through any P 0 of said premises, and every part
thereof, at any and all teas during said term, for the P OPoss of improving or amending
the said premises or dkec#y examining the condition of the premises. It is agreed and
undw stood between the parties that Alger shall not interfere in any way with Sandrod and
Otto's ongoing lease agreement of said promises.
9. 9reach. if arty dispute arises between the parties hereunder, they age that
it shall be submitted to binding arbitration. For these Purposes the Parties agree in good
faith one arbitrator shall heat and decide any disputes. If the Pis cannot age upon
one arbitmtor, each shall select an arbitrator and the Mc selected shall Wed a third
not
neutral arbitrstvx to hear and deride the ems. Tos?e?ent tot ? parties n?
mutually agree upon rules and procedures any disputes.
Uniform Arbitration Act, as adopted in Pwnnsylvarna, shall OWY-
-2.
17. Binding Effect. This contract is binding on the heirs, successors and
assigns of the parties.
IN WITNESS WHEREOF, the parties hereto intending to be fully and legally bound
have hereunder set their hands and seals on the day and year first above-written.
WITNESS:
DAR L. fGER
SANDROD SERVICES & SALES do
S s5
BY AN AUTHORIZED AGENT
P`47 C
-4-
Exhibit D
AGREEMENT
THIS IS AN AGREEMENT, made this day of 941998 by
and between DARYL L. ALGER of 490 Campbelltown Road, Palmyra, Pennsylvania 17078
(hereinafter referred to as "Alger") and SANDROD SERVICES & SALES, 89 Hershey Road,
Shippensburg, Pennsylvania (hereinafter referred to as "Sandrod").
WHEREAS, Sandrod is the Lessee of certain parcels of land owned by Ui Ung Lee,
which land is located in Silver Spring Township, Cumberland County, Pennsylvania, referred to as
the McCormick Farm, and identified as ASCS FSN 2567, depicted on Exhibit A attached hereto;
and
WHEREAS, the parties hereto desire to enter into this agreement concerning the
financing and production of crops on the McCormick farm during the 1998-2000 crop years-
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants set forth herein the
parties agree:
The subject of this agreement is the production of crops on certain land
. Premises'
1
Of One Hundred (100) Acres, more or less, on a tract of land leased by Sandrod known as
McCormick Farm, near to Hogestown, Mechanicsburg, Silver Spring Township, Cumberland
County, Pennsylvania.
2. Term: The term of this Agreement shall be for the period ftth o November,
commencing on the first day of February, 1998 and ends on the thirty l
2000, but not before the crop is fully harvested that year.
3. Rental Payment: During the Term, Alger shall Pay to Sandrod the amount of Six
Thousand Five Hundred Dollars ($6,500.00) per annum and the said Payment shall be made in
two installments of each year as follows:
(a) The first payment of Three Thousand Dollars ($3,000.00) shall be made on
or before the 15th day of February of each year.
(b) The balance due and owing of Three Thousand Five Hundred Dollars
($3,500.00) shall be made on or before the 15th of August of each year.
(c) Ownership of Crops. Sandrod Services & Sales shall be the owner of all
entitled
crops grown pursuant to this agreement. Furthermore, Sandrod Services C& Sales shall ommodity Credit
to receive any and all payments from the USDA, Farm Service Agency
Corporation with respect to the land and/or crops grown thereon.
(d) As indicated above, the parties agree that the acreage amount shall be the
acreage upon which the total payment is due and owing is arrived at, unless the Parties should
otherwise mutually agree.
(e) Sandrod shall reserve Five (5) acres more or less, for vegetable farming
which shall not be included in this Lease.
(f) An additional amount as agreed to by the parties for Sandre d's services
including planting, tillage, harvesting, hauling, etc. Payments on account for these items shall be
made after work is completed; and
(g) An additional payment of $ on or before October 25, 1998.
(h) Late charges. Should any payment due to Sandrod hereunder oe
timely made it shall be subject to late charge in the amount of one and one-half per (1-1/2%)
per month.
4. The payment of real estate taxes on the aforesaid parcel shall be the responsibility
of Sandrod.
5. Crop proceeds. Sandrod shall pay to Alger the proceeds of sale of all crops
grown and harvested.
6. Responsibility for planting, harvesting, and record keeping. To the extent so-
designated by Alger, Sandrod shall be responsible for planting, tilling and harvesting the crops
including weed control and application of all herbicides and insecticides. Sandrod shall be
responsible for maintaining records required to be maintained by any and all state and federal
regulatory agencies, including but not limited to the Environmental Protection Agency, with
respect to any herbicides and insecticides applied by Sandrod.
7. Alger shall plow and disc the aforesaid parcel at least one of the years before
planting and shall be responsible for weed, shrub and tree control on the aforesaid parcels.
8. Breach. If any dispute arises between the parties hereunder, they agree that it
shall be submitted to binding arbitration. For these purposes the parties agree in good faith one
arbitrator shall hear and decide any disputes. Nthe parties cannot agree upon one arbitrator, each
shall select an arbitrator and the two selected shall select a third neutral arbitrator to hear and
decide the claims. To the extent that the parties cannot mutually agree upon rules and procedures
for any necessary arbitration of disputes, the Uniform Arbitration Act, as adopted in Pennsylvania,
shall apply.
2
1
9. Maintenance. Alger shall keep the premises in general good repair, reasonable
wear and injuries or other casualties excepted, and deliver up quiet and peaceful possession
thereof at the expiration of the term.
10. Alger, at his expense, shall during the Lease term maintain insurance coverage of
combined bodily injury and property damage liability with a liability limit of not less than $1
Million per occurrence, insuring all liability of Alger and his authorized agents arising out of and in
connection with Alger's use or occupancy of the premises. All liability insurance, as aforesaid,
shall insure performance by Alger of the indemnity provisions provided for herein.
11. Waste disposal prohibited. Alger shall not commit and shall not allow any
person to commit any act of waste disposal upon the premises.
12. Notice of violations. Alger shall have responsibility to correct any complaint or
violation from governmental authorities or surrounding neighbors.
13. Recordkeeping for chemical applications. In the event that any person other
than Sandrod appplies any regulated chemicals to the premises, Alger shall be responsible for
maintaining the records for spraying the premises that are required to be maintained by any and all
state and federal regulatory agencies, including but not limited to the Environmental Protection
Agency, and Alger further agrees to provide Sandrod with a copy of said records at his request.
14. Waiver and release. Sandrod shall not be liable to Alger for any damages
Alger or Alger's property from any cause, including any defective condition of any part the
premises, whether or not caused by Sandrod's negligence and whether or not such condition
existed prior to this Agreement. Alger liereby waives all claims against Sandrod for damage to
person or property arising from any reason.
15. Entire agreement. This contract contains the entire agreement by and between
the parties hereto superseding any and all prior agreements, written or oral, which the parties have
entered into and may not be modified or revised without the prior express written consent of the
parties hereto.
16. Binding effect. This contract is binding on the heirs, successors and assigns of the
parties.
17. This Lease may be executed in any number of counterparts, each of which shall be
an original, but all of which shall together constitute on and the same instrument.
IN WITNESS WHEREOF, the parties hereto, intending to be fully and legally bound,
have hereunto set their hands and seals on the day and year first above written.
WITNESS:
LESSEE:
DARYL ALGER
LESSOR
SANDROD SERVICES & SALES
1011 .
twi
BY AN A $ORIZED AGENT
4
Exhibit E
%? -1
W7
T
TO rrol.t a?
7 7073 .-
SANDROD SERVICES & SALES
RODNEY - SANDRA RICE
Conklin Products-Seeds-Chemicals-Custom Work
89 Hershey Rd. Shippensburg, PA 17257-9407
PH 717-532-9501 FAX 532-6088 CELL 816-1655
!!! Also Your Kaeser & Blair - Advertising - Dealer!!!
CUSTOMER'S ORDER Nn tix
T*,V_ ALL CWM rm ro caned goods MUST be accwV by Ibis 1.
(t 1000
Reed b
3 J(
fK2.'W4L,-:.1.1 w:x.d in U.SA
L
H
M14Y it -tea
NAME 1)
ADDRESS
SOLD BY
N CASH 0.0.0. CHARGE ON ACCT. MDSE PAID OUT
R REM
/ DESCRIPTION PRICE AMOUNT
3Z8 oaa t 3 oZ! -
-32-9 Arj,, /SO -
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lad* opt 0"""yL 7/? 8s7 -
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- ALL claims
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L*i? vri,lae in U.S.A.
020hfo77 X 1}V6-7,nE%e-re5¢ -fee z? S &
t
1 Say IF_
SANDROD SERVICES & SALES
RODNEY - SANDRA RICE
Conklin Products-Seeds-Chemicals-Custom Work
89 Hershey Rd. Shippensburg, PA 17257-9407
PH 717-532-9501 FAX 532-6088 CELL 816-1655
!!! Also Your Kaeser & Blair - Advertising - DealerM
? CuS70MEas nwnca un ,,.??
mA 1 - aaC
Nl rAE 1)
ADDRESS
SOLD BY CASH
7 0.0.0. CHAgGE ON ACCT. TS0.E. PAID Our
?-
N DESCRIPTION PRICE AMOUNT
318 /R4 2 1ST _
328 aoap t3 C2/ _
328 A,,J- /So
3 Z 199 etto 7 v-
11111' o'tho -FA17- =
a"D otf-o R yz 719D 8.97 --
Y/S Acca ozt'o Ce??...>z lobo 35
317 9q? s'W TOTA
33a1fz
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5943
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7 93
Exhibit F
y/S
YA 000 l/o?cQ 6?Y -..
To • 7j _L
113 7a, U /y/off
. •.z a .
s .mac..
SANDROD SERVICES & SALES
RODNEY - SANDRA RICE
Conklin Products-Seeds-Chemicals-Custom Work
89 Hershey Rd. Shippensburg, PA 17257-9407
PH 717 532-9501 FAX 532 6088 CELL 816 1655
!!! Also Your Kaeser & Blair - Advertising - Dealer!!!
VVJ,vmr..--
NAME
I S.
1 11
RIPTION PRICE AMOUNT
e 70.? IN
7060
?*?wlw? 359b -3
r?- 3S3a
N *'?D
p!
All elarms and rewrnad 9?s MUST be acedmPa M NS I„tl.
0415 tntd
prp+red m U.S.A.
SANDROD SERVICES & SALES
RODr:EY SANDRA RICE
^?o nH,.0i5•CUStORr
Conrclrn f'•.....U• Work
::•..
30 Z-4=0
-V- _
nDJ'?SS _ _ --
CHARGE ON ACCT AM PArU OUT
7S LD av ;ASH I C O.D
4!/74 - ' -
-ORIf. E-
OUAN MOOUN'
'` ? DESCRIP?IOSJ _ _ --- --
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Z ?30 -?/ku. _ 1- 57S7y' f 33eC 1 IX
530
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066
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Exhibit G
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30?0? ofif-o -,?t yr.. ?°OI
- V er{ia{. t?at.r.- -t C. W. 0-
I .
't
-Z
;?057?aL t,
. .?
SANDROD SERVICES & SALES
RODNEY - SANDRA RICE
on in ProduCts-SPeds-Chemicals-Custom Work
i "ers:.c-r `.'. 4n-ppensbuig i F? 5' Z
LL 6
••• AIS„ YDut p.v'.?I LDAT v I I a Oert?
? CUSTOMER'S DRDERND ?dv/
I I NAME
IF?? 7P,r
ADDRESS
SOLD BY CASH C.O.D. CHARGE ON AcCT RETO rruuvu.
UN
J OUAN. DESCRIPTION PRICE AMOUNT
1 3 J A
o tto a -
P9 i
-i
zo w.
,**
RECD. BY TOTAL 3S3O ?'
O LL cta 01, r goods MUST r & ~WINS s,-+
7 7 i
-SA
066. :t
SAN(7hU?dSERVICES & SALE=
.940EY - SANDRA RICE 1Fbg
Conklin Prod..rC;:-Seed s-Chemicals-Custom Work
139 rleiShe, i,t' Sniopensoury. Pf, 17,25j84
SANDROD SERVICES & SALE;
RODNEY - SANDRA RICE
Conklin Products-Seeds-Chemicals-Custom
89 Hershey Rd. Shippensburg. PA 17257-94
PH 717-532-9501 FAX 532-6088 CELL 816-1
!!! Also Your Kaeser & Blair - Advertising - Dee
J
NAME
4.L AIM
ADDRESS
soLD BY cASH C.O.D. CHARGE ON ACCT. M. PAJDO UT
OUAN. DESCRIPTION PRICE AMOUNT
yN erce '
y o?
I i
I
'
RECD. BY 17
TOT
9l
?-'
10 0 daims 1.nd n NrIIW goods MUST be .txomptMSa by 81 ?al.fta in us r
Exhibit H
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-ro
VvL?
Gam" ?,??`?` • .
?I
r
- -i
-i
c .
ConK::,? Proo,c;..-S.•e.; Chemicals-Custom Wor
89 r,E:sno. Re <I;?ppensoury P I r 25 641j;
PH -17.532 a'u: FAx 532.60 `i I 2,M
"' Alsc Your K,reser & I;larr . Ad - 10A--- -
P-HIGE i AMOUN F
•S/.ZSar ?.?..
yam! - 9s-i -
?.ifyg _r -
• 2/fin ? --
7/9
vq*mq
72q'?
SANDROD SERVICES & SALES
RODNEY - SANDRA RICE
Conklin Products-Seeds-Chemicals-Custom Wo
89 Hershey Rd. Shippensburg. PA 17257-9407
PH 717-532.9501 FAX 532.6088 CELL 816-1655
!!! Also Your Kaeser & Blair - Advertisinn. namiam
NAME
ADDRESS
a ?t
?eT /Mo X Y"
? V n
TAX
er
TOTAL (p
ALl aims arW M nwd goods MUST be aceampa„isd by INS bill.
0 6 6 5 PriMSd in USA
Exhibit I
Y + Y
yr.?OW (Airl at;;. -t-•vw(fm 1Y°?o01
SANE TROD 'SERVICE 8t S
11ODNE) -SANDRA RICE
ConH'in Pr-.:,c:-.-*:t•,'OS-Chemic..ils-Custom'#VOII,
J() r1f I ?nl•\ •i?. , • tMh en SD\\. ?t ?y ? {/
` ?.. i
A15C Yrn, Kacs, • ?, 6 1 a I I - Aa• iIIsl g*,3/lerR'
CUSTOMER'S ORDER NO -UAIL
NAME
I ADDRESS v
v
SANDROD SERVICES & SALE;
RODNEY - SANDRA RICE
Conklin Products-Seeds-Chemicals-Custom
89 Hershey Rd. Shippensburg• PA 17257-94
PH 717.532-9501 FAX 532-6088 CELL 816.1
"I Also Your Kaeser & Blair - Advertising - Dea
SOLD By CASH C.O.O. CHARGE ON ACCT MDSE. I
RETD. PAID OUT i CUSTOMER'S ORDER NO. DATE
A?
u?
NAME )}?
OUAN ? DESCRIPTI q PRICE AtdOUNT (
ger
ADDRESS
CC A2 wo. ivy..
- - SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE
RE,D. PAID
r
'
--r-- -• QUAN. DESCRIPTION PRICE UNT
---?--- -- - CC /.a a.
I I
---- . --?
I
y._T -1_
1 A* '
p1i RECD B. TOTAL:
.ZSS?yI --
2976 - o
lam- tom- . U
30/ 2
lr
By TOTAL
ALL ciaima and ratumed goods MUST bs 4uot0W W by this bill.
0666 PIiMW m U.£
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cn
>-
L l
CC,j
)
0
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U
Rodney E. Rice t/d/b/a
Sanr3rrmr3 Servi r•PG and Sales
Plaintiff
vs
Case No. 02-2357
Defendant
Statement of Intention to Proceed
To the Court:
Plaintiff
Print Name Marvin Beshore
Date: 10/24/06
intends to proceed with the above captioned matter.
Sign Name {?------
Attorney for
Plaintiff
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
t? ?v
- J (77
n
--4 nl7x
S-Z CJ •?„ ' i
_Q: 15
Curtis R. Long
Prothonotary
(Office of the Protbonotarp
CumberConb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
_CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573