HomeMy WebLinkAbout02-2358COMMON~VSALTH O~ PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL ~'),C~/ 13 ~00~
Notice is g~ven that the apfldlnot hos filed in the above Court of Common P~eos an appeal from the judgment/rende~d by the Disfrict Justice an the
date and in the case me~ioned below.
1 ~8~
~ER~S ~ ~ j~ ~ ~ in ~is ~se FILE A COM~AINT within ~ (20)
filing his ~TICE of A~EAL.
~a~ ~ ~t~ ~ ~ty
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of fo~rn to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. I~. 1001(7) in action before District Justice.
IF NOT USED, deb~ch from copy of notice of appeal to be sen/ed upon appellee).
PRAECIPEz To Prothonotary
Entee rule upon , appdlee{s), to file a complaint in this appeal
Name ot e,o~#ee(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non prin.
RULEs To
(1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days aftra the date of
service of this rule upan 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 se~ice of this rule if service was by mail is the date of mailing.
COURT FILE TO BE FILED WITH PROTHONOTARY
AOPC 312-90
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBEPJ~/~
Mag. DisL NO.:
09-3-01
DJ Name: Hen
HAROr:n E. BENDER
Address: 81 WAL~u'I' BOTTOM ROAD
P.O. BOX 361
SHIPPENSBURG, PA
~elepho..: (717) 532-7676
SANDROD SERVICES & SALES
89 HERSHEY RD
SHIPPENSBUKG, PA 17257
17257-0361
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rSANDROD SERVICES & SALES -2
89 HERSHEY RD
SHIPPENSBURG, PA 17257
VS.
DEFENDANT: NAME and ADDRESS
F-ALGER, DARYL ~
201 SOUTH MT. PLEASANT RD
LEBANON, PA 17042-8945
L /
Docket No.: CV- 0000054- 02
lDate F ed: 3/01/02
THIS IS TO NOTIFY YOU THAT:
Judgment:
FOR DRF~ar~al~l~
Judgment was entered for: (Name) hlr.r'-~:
Judgment was entered against: (Name) ~ eEUVT~e ·
in the amount of $ _ aa on: (Date of Judgment) 4/1
'-]Defendants are jointly and severally liable.
~-1 Damages will be assessed on:
[] This case dismissed without prejudice.
]Amount of Judgment Subject to Attachment/Act 5 of 1996 $
[] Levy is stayed for days or ~ generally stayed.
(Date & Time)
Amount of Judgment $ .00
Judgment Costs $ o 00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ .00
Post Judgment Credits $.
Post Judgment Costs $
Certified Judgment Total $
]Objection to levy has been filed and hearing will be held:
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.
</~/)~ Date z~'/~~'~' ~ , 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,
AOPC 315-99
2006 SEAL
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT
(This proof of service MUST BE FtLF'D W/THIN TEN (10) DAYS AFTER hling the.notice of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~ ; SS
AFFIDAVIT: t hereby swear or affirm that I served
[] a copy of the Notice of Appeat Common Pleas No upon the District Justice designated therein on
(date of service) [] by personal service [] by (certified) (registered, mail, sender's
receipt attached hereto, and upon the appellee, (name) on
[] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto.
[] and further that I s~rved 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.
SWORN (AFFIRMED AND SUBSCRIBED BEFORE ME
THIS .......... DAY OF .............
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
cou.TYOr ...... ;ss
AFFIDAVIT: I hereby swear or affirm that I served
~ n .... '~ thc~ ~nti~ n~ &nn~l ~nmmnn Pleas No ~ Z - ~ ~ ~ -., uDon the District Justice designated therein on
~ /~,. ~ ~.~ ~. I ~ ~ , ~ bv personal service ~by (certified) (registered) mail, sender s
receipt a~ached hereto, a~ upon the appellee, (name) .~.~_~..~-.,~...~..-~-.-~,
~V ~_ ~ . ~ by personal service ~by (c~tified) (reCstere~
~ and fu~s-~rved the Rule to File a Complaint accompanying the above Notice o~ Appeal upon the appelleets) [o whom
the Rule was addressed on .......... ~ by personal service ~ by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME
THIS_ i_~__.~ DAY OF
r--1 Certified Fee
Return Receipt Fee
r-1 {Endorsement Required)
s $0.34
$2.1U
$1,50
$0,00
$ $3,94
Street, Apt. No.;
orPOBox No.
0257
O~ Postma~
05/1B/2002
RODNEY E. RICE t/d/b/a
SANDROD SERVICES AND SALES
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA:
VS.
DARYL L. ALGER
Defendant
CIVIL ACTION - LAW
NOS. 2002-2358
NOS. 2002-2359
NOS. 2002-2360
NOS. 2002-2361
.NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action 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 fights 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
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
: NOS. 2002-2362
NOTICIA
Le hah demandado a usted en la corte. Si usted guiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado
y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier
queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades
o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LIJAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASSISTENCIA I.I~.GAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle PA 17013
(717) 249-3166 or 1-800-990-9108
RODNEY E. RICE tYd/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
: NOS. 2002-2362
COMPLAINT
Plaintiff, Rodney E. Rice, trading and doing business as Sandrod Services and Sales, by
and through his attorney, Marvin Beshore, Esquire, files this Complaint and states:
1. The Plaintiff is Rodney E. Rice who trades and does business as Sandrod Services
and Sales, which is in the business of, inter alia, custom farming. The business address of
Plaintiff is 89 Hershey Road, Shippensburg, Cumberland County, Pennsylvania 17257.
2. The Defendant is Daryl L. Alger, an adult individual, residing at 201 South Mt.
Pleasant Road, Lebanon, PA 17042. Mr. Alger's business involves custom fa~-~ing.
3. This complaint is filed as a consolidated complaint to each of the dockets
enumerated in the caption. All of these matters arise out of the business relationship of Plaintiff
and Defendant in the farming ofland on several different farms in Cumberland County.
4. Since 1993 and during the years 1999 and 2000, Plaintiff and Defendant had
business agreements for the farming of three fza~s in Cumberland County referred to by the
names of the land owners as the "Lehrman" farm, the "Otto" (or Ralph C. Otto Estate) farm,
and the "Lee" farm. The applicable agreement concerning the Lehrman fai-m is Exhibit A
attached hereto and incorporated herein. The applicable agreements concerning the Otto fam~ are
Exhibits B and C attached hereto and incorporated herein. The applicable agreement concerning
the Lee fasm is Exhibit D attached hereto and incorporated herein.
Count 1 - Plaintiff's unpaid invoice # 417
5. Paragraphs 1 - 4 above are hereby incorporated herein.
6. Plaintiff's invoice number 417 dated May 11, 2000, is Exhibit E, attached hereto
and incorporated herein. It reflects that as of that date for years 1999 and 2000 there had been
total payments due from Defendant to Plaintiff pursuant to the agreements of Plaintiff and
Defendant in the amount of $33,042. Defendant made payments to Plaintiff at various times on
the account in the totai amount of $27,049, leaving a principal balance due from Defendant to
Plaintiff of $5,993.
7. In accordance with the agreement of the parties, a late charge of 1¥2 percent per
month interest was due, and is due, upon the outstanding accounts from Defendant to Plaintiff
and those late charges were $1,800 as of January 30, 2002, and the charges continue to accrue at
the rate of $90 per month.
8. Plaintiff has demanded payment but Defendant has failed and refused to pay the
amounts due to him under the parties' contracts for famdng the Lehm~an, Otto and Lee farms in
1999 and 2000 as reflected in invoice # 417.
WHERFORE, Plaintiff demands judgment against Defendant in the amount of $7,793,
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.
Count 2 - Plaintiff's unpaid invoices # 415 and 664
9. Paragraphs 1 -8 above are hereby incorporated herein.
10. During the year 2000, the parties' agreement for farming the Ralph Otto Estate
land in Cumberland County provided for payments from Defendant to Plaintiff in the amount of
$17,150 for rent and $7,060 for commission.
11. The due dates for payment of those amounts pursuant to the parties' contracts
were rent, one-half due May 10~; one-half due October 10~. The same payment dates applied to
the commission obligation. Defendant's rental payments were made with final principal payment
being made December 30, 2000. However, Defendant owes Plaintiff $127 for late charges on the
rental payments.
12. As set forth on invoices numbered 415 and 664, true and correct copies of which
are attached hereto as Exhibit F, commission on the Ralph Otto Farm for 2000 was never paid in
full by Defendant to Plaintiff. One-half the commission is outstanding, along with interest
charges at the rate of $55 per month so that the total amount due from Defendant to Plaintiff for
the Ralph Otto farm account during the year 2000 is $4,372 as of January 30,2002.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $4,372,
plus late charges of $55 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.
Count 3 - Plaintiff's unpaid invoices # 667 and 1001
13. Paragraphs 1 - 12, above are hereby incorporated herein.
14. As set forth on unpaid invoices numbered 667 and 1001, true and correct copies
of which are attached hereto as Exhibit G, with respect to the Otto Farm in the year 2001, the
Defendant has failed and refused to pay to Plaintiff his commission due plus late charges in the
total amount of $5,898 as of January 30, 2002 with late charges continuing to accrue at the rate of
$55 per month.
WHEREFORE, Plaintiff demands judgment against Defendant the amount of $5,898,
plus late charges of $55 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.
Count 4 - Plaintiff's unpaid invoice # 665 for the Lehrman Farm 2000 and 2001
15. Paragraphs 1-14 above are hereby incorporated herein.
16. As set forth on invoice numbered 665, a true and correct copy of which is attached
hereto as Exhibit H, with respect to farming on the Lehfman Farm in 2001, Defendant has failed
and refused to pay the commission due to Plaintiff in the amount of $4,300.
17. In addition, Defendant has failed and refused to pay to the Plaintiff commission in
the amount of $2,150 for the last half of the year in 2000 regarding the Lehrman Farm.
18. In addition, Defendant owes Plaintiff 1 ½ percent per month late charge with
respect to these commissions not paid in 2000 and 2001 on the Lehrman From, which late
charges continue to accrue at the rate of $95 per month.
WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of
$6,993, other relief as the court may deem just and proper
Count 5 - Plaintiff's unpaid invoice # 666 Lee Farm 2000 and 2001
19. Paragraphs 1-18 above are hereby incorporated herein.
20. As set forth on invoice number 666, a true and correct copy of which is attached
hereto as Exhibit I, with respect to the Lee Farm in the year 2000 and 2001 the Defendant has
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¥2 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.
Date:
Respectfully Submitted,
M~'vin 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
VERIFICATION
I, Rodney E. Rice, hereby verify that the statements made in the foregoing Complaint are
tree 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 unsworn
falsification to authorities.
Dated: ~- 31' .o Z.
Sandrod Service and Sales
Exhibit A
wl, l~,, A~g~r W ~ Lemee at'mrt~n perm~ at'm'd mined by Lm~ I.ehmmn,
ar,~ I:~,~ en~ ~n which he ~m.e ~nintereet (~~)~ brad b ~
In Marm:m ~ ~m, oundtng ~, Cuml:m'lm~:l County, P~le;
NOW, THP. J~r, oR~ in ~.~;~,'1 of tim muluM oovenm~ I~t ~ herein ~
~. payments by Alger lo 81nc~od: NgM sh&ll make t0 8anckod the tdlowing
BiX) acres, p4L~-nm~lo.wJ ' each ·
i'kJIldlcK ') ___~ .b,.,i k.,, ~o~ki nn 01' bMOr8 ~ 2~h OI yelr
by temmenmM.
F]~'~? IMW IIl~l I --' '. . ~.~a ~, --~
.n~nt of ~ exl ~ I~o~t (~-~r~,) ~, "-"""
to hi~ lille.
the ~£ ~ ,..,-,,--. _._.___thai __
~llMlnO W Thll oontTlCt I~ binding M1 ~le ~ ~ IrKI
-2-
IN WITNESS WHEREOF, the parti~ here~ intending to be fully and legally bound
have hereunder set their hands and seals on the day and year first above-written.
~Y AN AU'I110]ilZ~D A~
-3-
Exhibit B
AGREEMENT
THIS IS AN AGREEMENT made this ~ ~_ day of
and between SANDROD SERVICES & SALES of 89 Hershey Road, Shippensburg,
Pennsylvania, (hereafter Sandrod) and DARYL L. ALGER of 490 Campbelltown Road,
Palmyra, Pennsylvania 17078 (hareafterAlger).
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
ASCS FSN 2372(A) and (B), depicted on Exhibits A and B attached hereto; and ~
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:
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 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. --/- 0 V~,-F~[ .~o + ,-- ~4.
3. Te¢,~t. 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
limited to, seed, insecticide, fertilizer, and any other inputs as agreed to by the parties.
(b) Eighty ($80 Dollars per acre for each acre far;(~ed, which shall be
payable upon Two Hundred Forty-Five (245) acres. Payments shall be made as follows:
75"
I 7,5'° ...
(1) $9,800.00 on or befora April 25, 1998[ and
(2) $9,800.00 on or before the earlier of October 10, 1998, orthe
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 mede 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.
7. Responsibility for Planting, Harvesting, and Recordkeeping. To the
extent so-designated by Alger, Sandrod shall be responsible for planting, tilling and [2~
harvesting the crops including weed _control and application of all herbici, des and .
insecticides. I- rD~-~--~nsible for maintaining records required to
l[-~~maintained-by any and all state and federal regulatory agencies, including but not limited
to the Environmental Protection Agency.
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 te, m, for the purpose of improving or amending
the said premises or directly examining the condition of the premises. It is agreed and
understood between the ~arties that Otte sl~ll not~nterfere, however, wi~ Sandrod~ or '
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, 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:
SANDROD SERVICES & SALI~S
BY AN AUTHO]~D AGENT
-4-
Exhibit C
AGREEMENT ~
and between SANDROD SERVICES & SALES of 89 Hershey Road, Shippansburg,
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 in Cumberland County, Pennsylvania, identified as
ASCS FSN 2372(A), (B) and (C), depicted on Exhibits A, B and C attached hereto; and
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.
WlTNE~SETH:
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. Term. 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.
6. Regi~Tati~ and Rei)l)ftlng: Daryl L Alger will registerwith and repori crop
acres ~o b~ USDA, Farm Service Agency to receive all loans, program ~, and
p~rrw~.
?. Payments by Alger to ~dmd: Alger slmall make to Sandrod the following
(a) Seventy Five Dolim's ($7.8~ per acre for each acre farmed, which
shall be payable Ul:,un T~ Hundred Forty-Five (245) a~res. Payments ~hail be made as
late chlrge in the ~Tiount of one encl one-half percent (1-1/2%) per montl'L
8. Le~e Comldimme. Sandrnd shall be res~xmslble fa- compliance with
Lease with the Estate of Ralph C. Otto in all ~ For ~ purpoasa Sandrnd
reserves fur Otto's uss lime full and free right and liberiy of entry and re-ent~y, and of
ingress end regm~, in, upon, into or through any portion of said pmmLsa~, and every part
thereof, at any and all timee during said term, for the purpose of improving or amending
the maid premises or directly examining the condition of the premises. It is agreed and
undem~tood ~ ~m partie~ that Alger shell not interfere in anywaywilh Sandrod anti
Otto's o~geing leese afTesment of said r,mm~
it shall be submitted to binding arbitration. For these {murpom~ the I~'tlee agree in good
faith o~e arbitratm shall hear and deckle any dlapu~e& If tile pmlie~ cann~ agree upon
one mtn, each shall sslect a~ arl~tor and lhe two sslectad shah select a third
neutral arblbi~.~r to hear and clec~de lhe claJm~. To the exte~t that the parties cannO[
mutually agree upon rules and procedures f~r tomy ~ m~mitrati~ of disputes, the
Uniform Arbi[,-aEon.act, as adopted in Pennmyl~ ~hall apply.
-2-
10. 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.
11. Liability Insurance. Alger, at his expense, shall during the Lease te~m
maintain insurance coverage of combined bodily injuw and property damage liability with
.liabil!ty I!mit. of not. less than $1 million per occurrence, insuring all liability of Alger and
I.s_a_ ..u~n__o_rlz ,e~,, a..g ~e.n..t.s a. rising out of and. in connection with Alger's use or occupancy of the
f~us. ~11 llaDIIIty insurance, as moresaid, shall insure performance by Alger of the
indemnity provisions provided for herein. Alger shall provide to Sandrod a Certificate of
Insurance demonstrating compliance with this paragraph. The Certificate of insurance
shall name Sandrod, Rodney E. Rice, and the Estate of Ralph C. Otto as additional
insureds.
12. Waste Disposal Prohibited. Alger shall not commit and shall not allow any
person to commit any act of waste disposal upon the premises.
13. Notice of Violations. Alger shall have responsibility to correct any
c°mplaint or violation from governmental authorities or surrounding neighbors. It is agreed
between the parties that any fines or penalties resulting from such violations shall be paid
before harvesting is begun.
14. Recordkeeping for Chemical Applications. 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.
t . 15. Wa. iver and Release. Sandrod shall not be liable to Alger for any damages
o ~ger or Alger's property from any cause, including any defective condition of any part
of the premises, whether or not caused by Sandrod's negligence and whether or not such
condition existed prior to this Agreement. Alger hereby waives all claims against Sandrod
for damage to person or property arising from any reason.
16. 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.
-3-
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:
DARYL L. ~I.GER
SANDROD SERVICES
BY AN AUTIIORIZ~D AGENT
-4-
Exhibit D
AGREEMENT
and between DARYL L. ALGER of 490 Campbeiltown Road, Palmyra, Pennsylvania 17078
(hereinafter referred to as "Alger") and SANDROD SERVlCF~ & S.ALES, 89 Hershey Road,
Shippensburg. Penn~lvania (herein~er referred to as "Sandrod").
WI~.Iti~.AS, 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 concernin~ the
financing and production of crops on the McCormick farm during the 1998-2000 crop years.
WITNESSETH:
NOW, TI~.REFORE, in consideration of the mutual covenants set forth herein the
parties agree:
1. Premises: The subject of this agreement is the production of crops on certain land
of One Hundred (100) Acres, more or less, on a tract of land leased by Sandrod known as
McCormick Farm, near to Hogestown, MechanicsburF. Silver Spring Township, Cumberland
County, Penn~lvania.
2. Term: The t~-.-~ ofthis Agreement shaH be for the period of three (3) years
commencing on the first day of February, 1998 and ends on the thirty first day of November,
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) pet' ar~num ~ the said payment shall be made in
two installments of each year as follows:
(a) The lust payment of Three Thousand Dollars ($3,000.00) shall be w_~d_e on
or before the 15th day of February of each year.
Co) 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 aH
crops grown pursuant to this agreement. Furthe~iuore, Sandrod Services & Sales shall be entitled
to receive any and aH payments from the USDA, Farm Service Agency or Commodity Credit
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.
(0 An additional amount as egreed to by the parties for Sandrod's services
including planting, tillage, harvesting, bmdiqg, etc. Payments on account for these items shall be
made alter work is completed; and
(g) An additional payment of $ on or before October 25, 1998.
Cn) Late charges. Should any payment due to Sandrod hereunder not be
timely made it shall be subject to late charge in the amount of one and one-half percent (1-1/2%)
per month.
4. The payment of real estate taxes on the aforesaid parcel shall be the responsibility
of Sandrod.
5. Crop proeeeds. Sandrod shall pay to Alger the proc,~ds of sale of aH crops
grown and harvested.
6. Responsibility for planting, harvesting, and record keeping. To the extent so-
desisnated by Alger, Sandrod shall be responsible for plantin~ tilling and harvestin~ the crops
including weed control and application of all herbicides and insecticides. Sandrod shall be
reapons~le 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 nmi 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 egree that it
shall be submitted to binding arbitration. For these purposes the parties agree in good faith one
arbitrator shah 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 neutral arbitrator to hear and
decide the claims. To the extent tha*_ the parties cannot mutually agree upon rules and procedures
for any necessary arbitration of disputes, the Unlfo, m Arbitration Act, as adopted in Pennsylvania,
sh~n apply.
2
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 tenn.
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, insurln~ 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 in.~aranc, e, 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 shah have responsibility to correct nny complaint or
violation fi'om governmental authorities or surrounding neighbors.
13. Recordkeeping for chemical applications. In the event that any person other
than Sendrod appplies any regulated chemicals to the premises, Alger shah be responsible for
~, ane~g~Oer~f°r sprayi.n.g, th. e ,Pr ,.emi~s that ~e required to be --tained by any and aH
agencqes, mcl.umng out not limited to the Environmental Protection
er agrees to prowde Sandrod with a copy of said records at his request
14. Waiver and release. Sendrod shall not be liable to Alger for any damages to
Alger or Alger's property from any cause, including any defective condition of any part of the
premi._ms, whether or not caused by Sandrod's negligence and whether or not such condition
e $ted p or to this Agreement. Alger hereby waives all claims against Sandrod for damage to
person or property arising from any reason.
I 5. Entire agreement. This contract contains the entire agreement by and between
the parties hereto superseding any and aH prior agreements, written or oral, which the parties have
entered into and may not be modified or revised without the prior express written consent of the
parties hereto.
Binding effect. This contract is binding on the heirs, successors and assigns of the
17. This Lease may be executed in any number of counterparts, each of which shall be
an original, but aH of which shall together constitute on and the same in.~rument.
IN WITNESS WI~.REOF, the parties hereto, intending to be fully and legally bound,
have hereunto set their hands and seals on the day and year first above written.
WITNESS: LESSEE:
LESSOI~
SANDROD SERVICES & SALES
Y AN AI/~'ltORIZED AGENT
Exhibit E
SANDROD SERVICES & SALES
RODNEY - SANDRA RICE
Conklin Products-Seeds-Ch~micals. Custom Work
89 Hershey Rd. Shippensburg, PA 17257-9407
PH 717-532-9501 FAX 532-6088 CELL 816-1655
~!. Also Your Kaeser & Blair - Advertising - Dealer!i!
AOORESS I
AMOUNT
ALL claims and ~'etum~l goo~ MUST be
,_"P~.).,,lOo.,¢,. 0 ~.,...,...
P~nie~ in U.S.A.
SANDROD SERVICES & SALES
RODNEY - SANDRA RICE
Conklin Products-Seeds-Chemicals-Custom Work
89 Hershey Rd. Shippensburg, PA 17257-9407
PH 717-532-9501 FAX 532-6088 CELL 816-1655
Also Your Kaeser & Blair - Advertising - Dealer!!!
'cu~'~'"'s°"°""°' "'~' m~y /t-~
~OORESS I
AMOUNT
Exhibit F
SANDROD SERVICES & SALES
RODNEY - SANDRA RICE
Conklin Products-Seeds-Chemicals-Custom Work
89 Hershey Rd. Shippensburg, PA 17257-9407
PH 717-532-9501 FAX 532-6088 CELL 816-1655
Also Your Kaeser & Blair - Advertising - Dealer!!!
( ' CUSTOMER'S ORDER NO.
QUAN. AMOUNT
ALL clmm$ and ~elume~ gotxl$ MUST be accompa~KI by Ibis bill.
0415 .-.,by
Pl'~nle~l lit U.S.A.
SANDROD SERVICES & SALES
RODP;E¥ SANORA RICE
...... ~" ' , ~" · .... -'~ .. .?~?a~
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Exhibit G
SANDROD SERVICES & SALES
~'~ RODNEY - SANDRA RICE
'~??~lin Proctucls-$eeds-Chemicals-Custom Work
-~, dOAN. DESCRIPTION PRICE AMOUNT
5~o 15-; --
.~ES & SAL~
EY - SANDRA RICE ~/~ ~
Conkhn Prod,~c; :.-Seeds.Chemicals.Custom Work
SANDROD SERVICES & SALES
RODNEY - SANDRA RICE
Conklin Products-Seeds-Chemicals-Custom Work
89 Hershey Rd. Shippensburg. PA 17257-94l~7
PH 717-532-9501 FAX 532-6088 CELL 816-1655
Also Your Kaeser & Bla,r - Advertising - OealdrU,
QUAN.
:1001
Exhibit H
' '
.~"EY - SANDRA RICE
Con~?~ Prod,.,c;:..$,,eds.Chemicals-Cuslom Work
OUAN. J ~ DESCRIPTION . PRICE [ AMOUN
~ TAX.
I. CL, · 7/85-
- 72¥':/
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
Also Your Kaeser &
)RDER NO. DATE F.~.,f.,'
QUAN.
0665
P~d in U.S A
Exhibit I
CortK,.jnp,,.. : ,c:....::.,,as-Chem~cnls. Custom Work
~OUAN , OESCRIPTig~tt ' PRICE ' AMOUN~
.
~ t ~
SANDROD SERVICES & SALES
RODNEY - SANDRA RICE
Conklin Products-Seeds-Chemicals-Custom ~/
89 Hershey Rd. Shippensburg. PA 17257-94~
PH 757-532-9501 FAX 532-6088 CELL 816-t 6
Also Your Kaeser & Blair- Advertising - Deal(
'!.!!
QUAN.
AMOUNT
ALL claims a~d returned ~ MUST be i~=oml~anted ~y ~' bill.
0666