HomeMy WebLinkAbout02-2359COMMOt4V/EALTH OF PENNSYLVANIA
NOTICE OF APPEAL
"~ ~ COURT OF COMMON PLEAS FROM
JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
Notice is gi~mfl that ~ appdiant has filed in the above Court of Cammon Pleas a~ appeal from the judgment rendered by the District Justice on the
date and in the case monfioned belo~
CYLT ~OO ~ ~ ~1~
~ ~k wiff ~ ~ ONLY ~n ~is ~fi~ is ~ u~ . ~ ~LAIMANT (~ ~. ~.C.P.~.P. NO.
1~8[
~ ~ of A~I, ~ ~ by ~ ~s~ ~s~e, ~11 ~ as a ~(~)J~tJ~f~td~t~e,~T
~P~DEAS ~ ~ j~ ~ ~ in ~s case FILE A ~AINT within ~ (20) ~8~
filing h~ ~TI~E of A~AL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
CThi~ se~tio~ of ~m to be u~ ONLY wi~n el~ellen~ ~ ~FEN~NT (~ ~. ~.~.P.J.P. ~. ~00~(7) i~ ~ ~ ~ ~e.
IF ~T USED, ~h f~ c~y of ~ce ~ ~1 to ~ ~ ~ ~1~).
PRAECIPE: To ~ry
E~ mb ~ , a~l~(s), to fi~ a c~t in ~s ~
~ ~ ~s)
(~ p~ ~ ) wi~in t~ (20) ~s ~ ~v~ of m~ m suf~ ~try of j~t of ~ ~
RULE: To , appe~Ks).
Name ol ~s)
(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 role upon you by pe~sonol service or by certified or regist~ed mail
(2) If you do not file a compJaint within this time, a JUDGMENT OF NON PROS W1LL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of ma/ling.
COURT FILE TO BE FILED WITH PROTHONOTARY
AOPC 312-90
.~QMMONWEALTH OF PENNSYLVANIA
COUNTY OF:
Mag. Dist NO.:
09-3-01
DJ Name: Hon
R~R. OLDE. B~IDER
~es,: 81 WALNUT BOTTOM ROAD
P.O. BOX 361
SHIPPENSBURG, PA
Telephone; (717) 532-7676
SANDROD SERVICES & SALES
89 HBRSHEY RD
SHIPPENSBURG, PA 17257
17257-0361
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FSANDROD SERVICES & SALES '~
89 HERSHEY RD
SHIPPENSBURG, PA 17257
VS.
DEFENDANT: NAME and ADDRESS
rALGER, DARYL ~
201 SOUTH MT. PLEASANT RD
LEBANON, PA 17042-8945
L ~
Docket No.: CV- 0000055 - 02
Date Filed: 3/01/02
THIS IS TO NOTIFY YOU THAT:
Judgment:
F-~ Judgment was entered for: (Name)
r-~ Judgment was entered against: (Name)
FOR DRFRNDANT
AT.~*I~I~: ~AR~"I'.
in the amount of $
.00 on:
(Date of Judgment)
I~ Defendants are jointly and severally liable.
] 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.
~] Objection to levy has been filed and hearing will be held:
(Date & Time)
Amount of Judgment $ . O0
Judgment Costs $ o O0
Interest on Judgment $ . O0
Attorney Fees $ . O0
Total $ . O0
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 TIlE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
,~f/~'~g}~'- Date ,,~~ ~ ~ ,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 tviUS7 BE FILED WITHIN TEN (t0) DAYS AF-i~R 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 upon the District Justice designated therein o,n_
(date of service) [] by personal service [] by (certified) (registered) mail, sender s
receipt attached hereto, and upon th"e appellee, (name) on
[] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto.
[] and further that I served the Rule to File a Complaint accompanying the above Notice ol 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
Signature of affiant
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DA~'S AFTER filing the notice of appeal· Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ............ ~~ .............. ;SS
AFFIDAVIT: I hereby swear or affirm that I served
-- o~-- o ersonal se ice L~ uy
· ' YP n
(date of serwce) ~~..------;-, .-~ I_~ .... m e~,.._... ~ ..... o
receipt attached hereto,._an~upon t~ a, ppellee, (na, me):~~-~l~.-~nd~eipt attached hereto~
, f,~' . E.,~ z.. LJ Dy persona service L..~Cuy tu~,u,,~uf [,~,-' .... / ,
[] ~r~e served the ~-~Je to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
r't~atl [] by personal service [] by (certified) (registered)
the Rule was addressed on .... ' --
mail, sender's receipt attached hereto. .._~-~ ~"~,~,~,~...
SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME
THIS ...__~__ DAY OF ~, ~¢¢'Z..
Signature ~~hom a#idaC/~I'w,as m~ e - -- .....
~%~ J, , --~ ,~.~ ~,~.~-- ~ --1
Title o¢ o~ ~ ~. ~ ~. ~
Signature of affiant
Postage
r--1 Certified Fee
~_t (In Return Receipt Fee
dorsernent Required)
estr cted Delivery Fee
(~n(dorsement Required)
Total Postage & Fees
r-1
nj
r~
¢"1 or PO ~ox No.
$23,9~'
0257
0~ Po~ma~
Hem
05/t8/2002
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
NOS. 2002-2358
NOS. 2002-2359
NOS. 2002-2360
NOS. 2002-2361
CIVIL ACTION - LAW
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 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
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
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 farming.
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 of land on several different fa~t:~s in Cumberland County.
4. Since 1993 and during the years 1999 and 2000, Plaintiff and Defendant had
business agreements for the farming of three farms in Cumberland County referred to by the
names of the land owners as the "Lehrman" fa~'~, the "Otto" (or Ralph C. Otto Estate) farm,
and the "Lee" fas u~. The applicable agreement concerning the Lehrman farm is Exhibit A
attached hereto and incorporated herein. The applicable agreements concerning the Otto farm are
Exhibits B and C attached hereto and incorporated herein. The applicable agreement concerning
the Lee fai~ii 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 total 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 farming the Leh,man, Otto and Lee fasms 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 10b; one-half due October l0b. 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 Fa~ 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 - PlainfiWs 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 Lehxman 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 Lehrman 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 V2 percent per month late charge with
respect to these commissions not paid in 2000 and 2001 on the Lehrman Fasm, 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 11/2 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,
BY'fMC[yin Beshore, E~uire #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
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 unsworn
falsification to authorities.
Dated: ~'~'~ 31 ' 2.
Sandrod Service and Sales
Exhibit A
· I
NOW, THEREFORE, In eonlid~4fl of the mutual covllJ~ let f~lh herein
parth, a norse:
,,~,d bv i. dwnan and Ims~ to Alger pursun~U a cer~n .t~a~ ~ 'nu~.. "'
· oofloiotl of 8 y~mvan rnw~/ /
CumbeHend CognlY, ~ ng.
~. Torm. ThLi mgreomoflt shall IM efrecOJo m Ioflg m AJger Ioemtho subject
proporty~ ~
4 mm, n,t~v~ Adger v/ill hM mnrwmd ocii troll doflo off °8cf~ furm Jl°aedfr°m
5 plymont8 by Alger to Smldrod: AiOM shllll msko to ~endrod Ihofoliowing
S~.O0 Ooitmm pm' acro for Mch El
Dy L~ITITIIn ua ~1~,, · -] .....
(b) Ud.~ .... _.....,., mbKflolltocMrpmu~
e. RSSMo of Flrit RMuid. ?o tho extoflt thlt it i8 vdtNn Alger'l ~1,
6encrod al'mit tuvo the fight ~fl~ rMmmi:.
(e) To milt any mdlUflO pe0Oe~ ovw'od ~ ~
(c) To do any a.m~om wow off tends Mmud bY AlGa' whic~ ire m'M°d
to his IOlle.
~m umv,,,..--TT/',."'~._TM ~___ _.~ ~t4~ ~ , TO ~ ~ unto -~ _~-_'--~_-~
· ."7~'-7 ...._ _--.-,i-. ---. ,,,.,,4 ~ ~ egrgOflV.lm, wTuum,
-2'
IN WITNESS WHEREOF, the partie~ hereto intending to be fully and legally bound
hav~ hereurlder s~ ~heir hargls and seals on the day and ye~ first above-written.
WITNESS:
~Uq'Di~OD $~3~VIC~S Jr
Exhibit B
AGREEMENT ¢~
THIS IS AN AGREEMENT made this ~'~_dayof ~ , l~,by
and ~n ~DROD SER~CES & S~E~ ~ 89 He~ey Road, Ship~nsburg,
Pennsylvania, (herder Sandrod) and DARYL L. ALGER ~ 490 Camp~llt~ Road,
Palm,a, Pennsylvania 17078 (here~erAlg~).
WHER~S, Sandmd is ~e Less~ ~ ~ain par~ls ~ la~ o~ by ~e Estate
~ Ralph C. ~o, ~i~ la~ is I~ted in Cumberland Count, Pennsylvania, identifi~ as
ASCS FSN 2372(A) and (B), depi~ ~ ~hlbi~ A and B a~a~ 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. --/- O
3. Term. 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. Furthe~-rr, ore, 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.
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 farmed, which shall be
payable upon Two Hundred Forty-Five (245) acres. Payments shall be made as follows:
75"
...
(1) $~,800.00 on or J:~fo~ Ap~l 25, ~ ~: ~
(2) $9,~.~ m ~ ~ ~e ~di~ ~ O~o~r 10, 19~, or ~
flint day ~ hawest ~ ~s on ~e subje~ premiss a~ hawest shall not ~ ~un until
~id ~e~ is ~e;
(c) ~ additional a~u~ ~ egr~ to by the ~ies for Sandr~s
~wi~s in~uding planting, tillage, ha~esting, hauli~, etc. and g~mnt~ ~ver~e.
Pa~en~ on ~u~ f~ ~e~ items s~ll ~ made ~ ~ is ~pleted and ~in
tiffin (15) ~ys ~er a s~tement for ~e ~ or ~i~s has ~n ~e~.
Pa~ent f~ guamnt~ ~vem~ ~11 ~ made ~ or ~
(d)
October 25, 1998.
(e) Late Charges. Should any payment due to Sandrod per theforegoing ·
subparagraphs (a) through (d) not be timely made, any such late payment shell be subject
to late charge in the amount of one and one-half percent (1-1/2%) per month.
6. Crop Proceeds. Sandrod shall pay to Alger the proceeds of sale of all crops
grown and harvested. ·
7. Responsibility for Planting, Harvesting, and Recordkseping. To the %]
extent so-designated by Alger, Sandred shall be responsible for planting, tilling and ~'~
hervesting the crops including weed control arid app. li.ca..tion ofL a!l herbi.cj_d~es._a~n?.~./
insecticides./"~l-be---r~sponsible for maima,mng recoros requ~rea [o. [~ ~/,..
~,--a~~Y any and all state and federal regulatory agencies, including but not lira,ted
!~ to the Environmental Protection Agency.
~,. ~' - 8. Lease Compliance. Sandrod shall be responsible for compliance with the
~ Lease with the Estate of Ralph C. Otto in all respects. For these purposes Sandrod
reserves for Otto's use the full and free right and liberty of entry and re-entry, and of
ingress and regress, in, upon, into or through any portion of said premises, and every part
thereof, at any and all times during said term, for the purpose of improving or amending
the said premises or directly examining the condition of the premises. It is agreed and
understood between the parties that4~ sh~ll notinterfere, heweve~, wi~ Sandrod~ or '
J~_~ ' 9. Breech. If any dispute a~se$~l~tween the p'~ arties hm'®und~', they ~~
~ it shell be submitted to binding a'bitJ'ation. For those pu~::~ses ~ parties ~r~ in g~:~l
faith one a~i~ator sl'~ll h~r and d~ide any disl:~es. If ~ parties (~nnot agr~ UlX~
on~ a~itl~tor, each ~'~11 select an a~itrator and tho two sele~tad 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 & SALES
BY AN AUTHOla~'~D AGENT
-4-
Exhibit C
AGREEMENT
THIS IS AN AGREEMENT made this __.,~_ day of ~ ,1999;, by
and between SANDROD SERVICES & SALES of 89 Hershey Road, Shippensburg,
Pennsylvania, (hereafter 'Sandrocr') 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.
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 Overfleld
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.
acres to the USDA. Farm Service Agency to receive all Ioara. program =enenm, aha
Otlo's ongoing I~e agreement of said premises.
it shall be ~a~ted to binding mrbitmM, on. For these purposes the parties
;,,m., ~ m. hitmb~ ml~all hear and decide m~y di~utm. If~h~ ~ ~ ~gme upon
rmutrai ~ to I~ar and dec~ie 6'to c~nls- lO the exmrl; ~ um pmu~e
Uniform Ad:)itretJm Act, as adopted in p~ia,
-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 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. 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
complaint 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 agrccs to provide Sandrod with a copy
of said records at his request.
15. Waiver and Release. Sandrod 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 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, whtten 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:
SANDROD SERVICES & SALES
BY AN AUTHOlZ~Z~D AGENT
-4-
Exhibit D
AGREEMENT
(hereinafter referred to as "Alger") and SANDROD SERVICES & SA · ~, By ttersney au,
Sbippensburg. Pennsylvania (hereinafter referred to as "Sandrod").
WH~.REAS, Sandrod is the Lessee of certain parcels of laud owned by Ui Ung Lee,
which laud is located in Silver Spring Township, Cumberland County, Pennsylvania, referred to as
the McCormick Fa~c~, aud identified as ASCS FSN 2567, depicted on Exhibit A attached hereto;
and
WH~ur, AS, the parties hereto desire to enter into th/s agreement concerning the
financin~ aud production of crops on the McCormick fa.~i during the 1998-2000 crop years.
WITNESSETH:
NOW, THEREFORE, in consido-afion of the mutual covenants set forth herein the
parties a~ree:
1. Premises: The subject of this a~reement is the production of crops on certain land
of One Hundred (100) Acres, more or less, on a tract of laud leased by Saudrod known as
McCormick Farm, near to Hogestown, Mechanicsburg, Silver Spring Township, Cumberland
County, Pennsylvania.
2. Term: The teat,, of this Agreement shall 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 s]hall 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 instanments of each year as follows:
(a) The f~st payment of Three Thousand Dollars ($3,000.00) shall be made on
or before the 15th day of Febt~_mry of eaoh 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) Ownershiu of Crops. Sandwd Services & Sales shall be the owner of all
' - .... - - Furthermore Sandrod Services & Sales shall be elltifled
crops grown pursuant to was agreement, rurm~am ,~ . -
to receive any and all payments Dom the USDA, Farm ~emce Agency or uommomw
Corporation with respect to the land and/or crops grown thereon.
(d) As indicated above, the parties agree that the acreage amount sh_~ll 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 agreed to by the parties for Sandrod'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 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 proceeds. Sandrod sb~ll pay to Alger the proceeds of sale of all crops
grown and harvested.
6. Responsibility for planting, hm'vesthlg, ~nd record keeping. To the extent so-
designated by Alger, Sandrod shall be responsible for planting, tilling and harve~n~ the crops
including weed control and application of all herbicides and in.e-~'ti~ides. Sandrod shnll be
responsible for mnintaining 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 sb~ll be responsible for wc,,~l, 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
~iU~or shaa hear and decide any disputes. If the parties cannot agree upon one arbih-ator, each
shall select an arbih-ator and the two selected sh~ll select a third nenh-al 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,
sb*!! 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, 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 in.mjre performance by Alger ofthe 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 lutve responsibility to correct any complaint or
violation ~om 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 respons~ole for
maintaining the records for spraying the premises that are required to be n~li~lt~ined b~
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 shail 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
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 ~om any reason.
15. Entire agreement. This contract contain.~ the entire agreement by and between
the parties hereto superse0_iog 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.
16. 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 all of which shall together constitute on and the same instr-ment.
IN W1TNESS 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:
LESSOR:
SANDROD SERVICES & S,~,L~S
BY AN AI~HORIZED AGENT
Exhibit E
SANDROD SERVICES & SALES
RODNEY - SAN .DRA 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!!!
AMOUNT
Pri~e~ in U.S.~
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!!!
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!!!
CuSTO~4En'S OROER NO. DATE -- ~
QUAN.
AMOUNT
ALL clams and rets'ned goods MUST be a~.~,,~F,~l by ~S ~11.
SANDROD SERVICES & SALES
RODr{E~' SANDRA RICE
· ,I,.c1~-:..' :q. Cnpm,.'als-Custom Work
...... :....:.- -. .... .s~...
..:,.:'
""" : ~ rl~. -,- -
~,.~o,.,~= ~ o~.~ :,~ ~;-~ .... ~ 3 0/~o
OUAN DESCRIPTION - ' ....
Exhibit G
I
- __-
.~~ SANDROD SERVICES & SALES
% % ROONE¥- SANORA RICE
,in ProduclS.Seeds-Chemicals-Custom Work
QUAN.
PRICE AMOUHT
;ERVICES & SALE"~ ~'~-"-
SANORA RICE
Conklm ProO,.,c; :..Seeds.Chemicals*Custom Work
SANDROD SERVICES & SALES
RODNEY - SANDRA RICE
Conklin Products-Seeds-Chemicals-Custom ~1
89 Hershey Rd. Shippensburg. PA 17257-940
PH 717-532-9501 FAX 532-6088 CELL 8t6-t6~
!!! Also Your Kaeser & Bla,r - Advertising - Oeale
ork
~5
QUAN.
ALL claims and returned goeds MUST be -____.,'~anled by this
1001
Exhibit H
SANDROD SERVICES & SALES
RODNE¥ - 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 ~
QuAN.
0665
Exhibit I
SANDROD SERVICES & SALES
RODNEY - SANDRA RICE
Conklin Products-Seeds-Chemicals-Custom W
89 Hershey Rd. Shippensburg. PA 17257-940;
PH 717.532-9501 FAX 532-6088 CELL 816-16[
m Also Your Kaeser & Blair - Advertising - Dea~.~
~rk
5
QUAN.
AMOUNT
ALL claims and retume~ 9eeds MUST be ___.~c-',.m~m,~,~ I~/ti s bill.
0666