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HomeMy WebLinkAbout02-2360CO~4/ViON~q~ALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT 5-13-02 ;in Pl~/~'s Offioe NOTICE OF APPEAL F~OM DISTRICT JUSTICE JUDGMENT ''1 NOTICE OF APPEAL "~oC/' ! ..~, '~ ~, Notice is given that the appdlant has filed in the above Court of Comrm~ Pleas an appeal from the judgment rendered by the District Justice an the date and in the case ~ bdow. PRAEClPE 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 Entre rule upon , appdlee{s), to file a campJaint in this appeal ~ame ~ ~oe#eeis ) (Common Pleas Nc~ ) within twenty (20) days after service of rule m suffer entry of judgmenf of non pros. RULE: To , o~dbe(s). N~ne of (1) You om notified that a rule is hamby ~.,;~d upon you to file a comp/aim in this appeal within tv,~nty (20) days after the date of service of this role upon you by personal smvice 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~ce of this rule if serv~e was by mail is the date of mailing. · S~gn~ze al Prc~t~-,0~,¥ m DelaMy COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 '~OMMONWEALTH OF PENNSYLVANIA COUNTY OF: C.u~/BERLAND Mag Dist. No,: 09-3-01 DJ Name: Hon, P.O. BOX 361 SHIPPENSBURG, PA Telephone: (717) 532-7676 SANDROD SERVICES & SALES 89 HERSHEY RD SHIPPENSBUKG, PA 17257 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS F-SANDROD SERVICES a SALES ~ 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-0000056-02 ] ,~~ Date F ed: 3/01/02 THIS IS TO NOTIFY YOU THAT: Judgment: [-~ Judgment was entered for: (Name) r'~ Judgment was entered against: (Name) in the amount of $ _ nn on: (Date of Judgment) 4/19../n2 E~ 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. (Date & Time). Amount of Judgment $ o 00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ o 00 Total $ .06 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/'FRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. ¢/.-~'~)_.2 Date //~'/~~,~ ~ , District Justice 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 FILED WITHIN TEN (10) DAYS AFTE, R filing the notice of appea/. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ....................... ~ ; SS AFFIDAVIT: t hereby swear or affirm that I served [] a copy of the Notice ot Appeal, 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 th~ appellee, (name), . on [] and further 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, se ders receipt attached hereto. SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of affiant Mycommss exp eeo PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO 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 COUNTY OF ~ ~,.~\~. .; SS AFFIDAVIT: I hereby swear or affirm that I served Wa copy of the Notice of Appeal, Common Pleas No, -~,.~," .2. ,.~.0 unon the District Justice ~,=~i,~,~ (dat~ of service) '~ -- 0'~- ~)--e-~- .... ""' .. y...,,~ ...... , .... ~,. ...... ;-- 7.-.~,.------~-, -.-. ,, 1-71_ y p so. nal ser. v[ce [~ by (certified) (registered) ma~l, sender s recelp[ a[~acn_ee nere[o,_ano_ upon m'e appeuee, ~name)_~, _.~._, =_.~ , on P P y' g o e 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 Signature of affiant Postage Certified Fee Return Receipt Fee (Endo~ement Required) r-~ $ $0,34 $2.1U {1.50 $0.00 $ $3,w 0257 0~ Postma~ Hem 05/18/2002 ............. _~__~...__~_;_.,.~ ......... Street, Apt. No.;--I - ~J/ /) 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 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 YSo 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 fmms in Cumberland County. 4. Since 1993 and during the years 1999 and 2000, Plaintiff and Defendant had business agreements for the farming of three fa~ais 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 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 fa~ 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 1~72 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 fa~i~ing the Lehrman, Otto and Lee farms in 1999 and 2000 as reflected in invoice # 417. WI-IERFORE, 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, tree 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 - PlaintiWs unpaid invoices # 667 and 1001 13. Paragraphs 1 - 12, above axe 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 Leh~lan 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 fm~l-fing 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 18. In addition, Defendant owes Plaintiff 1 l~ percent per month late charge with respect to these commissions not paid in 2000 and 2001 on the Lehrman Farm, 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 - PlaintifFs 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 lt/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 // M~vin Besho;~, Es~quire #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: Sandrod Service and Sales Exhibit A NOW, THEREFORE, in ~neidemion ofl~ mubM ~ let ~Xlh herein the 1. NMMML 1.he k,.eooing redtmls m inomT)m'eted herein bY ~' 3. Tm,m.'Tl~s ~reemem ~'mll I:m ~ m lang ~ Alger Immem t1~ .ubl.d pral:m~ from ~ FudhernK~l, M will provlae ~mnmgo ~,~,),.-,-.--.--- .... ~]003 ............. , ~dl:~l 8Clm mmmm:3 m mu n,m~ 8oo) taros, plumF'iw (SS.OO) Doll~for emh . ~n to AlUm'. Plymint ~1 tm ffmde on or before )q~di 2EIh of MI~ YNr' (e) (b) (c~) -2- IN WITNESS WHEREOF, the parties hen~ intending to be fully ~ lei]ally bomcl hereunder set their bends and seals on the clay and year first above,written. SANDROD SER¥'ICES & SA;Jr.~ BY AN AU'IIlO~IZED AGENT Exhibit B AGREEMEN.__~ ~, ~.j~,~.~ / THIS IS AN AGREEMENT made this ~- '~_ day of ~ ,1998, by ~ and between SANDROD SERVICES & SALES of 89 Hershey Road, Shippensburg, Pennsylvania, (hereafter Sandrod) and DARYL L. ALGER of 490 Campbelltown Road, 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 ASCS FSN 2372(A) and (B), depicted on Exhibits A and B attached hereto; and a 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 V-~-F~.~& ~ + ~-- ,4. 3. Te~,~,. 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, Fa.. 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 farmed, which shall be payable upon Two Hundred Forty-Five (245) acres. Payments shall be made as follows: 75" (~) $G,800.00 on or before April 25, ~ GGS; and (2) $G,800.00 on or before the eerlier of October ~0, ~Ggs, 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 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 par 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 .. harvesting the crops including weed control and application of a!, herb?ides a~3~.~' insecticides.?'~i~,~e~-;s~lr-Ee--r~sponsible for maintaining recorcls required to ~,~L~y any and all state and federal regulatory agencies, including but not limited !/~ to the Environmental Protection Agency. ~. 4' 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 that~ .,{.~,:.te. shall not~nterfere, ~, witl~ Sandrod~ or ' , \drlT6 ~~'~'~. . ......... ~--' -- '--~" : ~" ev~,.~e~h~, t.____~_~z~_ ~.~.~. ~. 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- 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. 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. Uability 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 adsing 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 govemmental authorities or surrounding neighbors. 14. Recordkeeping for Chemical Applications. Lq-th~ - ~:~! . to. '.hc -.'=m!=~'~ 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. 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, 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: SANDROD SERVICES & SALES BY AN AUTHOIar]~D AGENT -4- Exhibit C THIS IS AN AGREEMENT made this __. day of~, 1~,, by and between SANDROD SERVICES & SALES of 89 Hershey Road, 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 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 faro, 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. FAX 7172360781 glLSpA~8~£SBOI;~E ~003 6. Regisb'ati~ and Rel~=cting: DarytL Ng~'will register with and report crop acres to lfte USDA, Farm Service A~ency to rec=eive all loans, program benefit, ~ 7. Payment~ by Alger to ~drod: ~ger shall make to Sandrod the followino (a) ~ Five Doaam ($7-e:01:0 per acre fo~ each acre farmed, which ~all be payable upon T~ Hundred Forty-Five (245) acm,~. Payment~ ~hall be made a~ follovm: , ~ E (1} ~9;-18;':~ on ~r bef=m April 25, 19~9; md (2) ~ on or before the eedier of October 10, 1999, or the first day of harvest of crops on the subject prernLs~s and harvest shall not be begin until said payment is made; ~,Pz) ~. (b) An amount dquivalent to any flex ~ received, within one week alter receipt of such paymer~ by Alger fram USDA, FSA. late charge in the amount of one ~nd one-broil pemm"~ (%1/2%) per month. ~ Com~l~. Sandrod shall be mapor~ible for complianoe wilb the the E=~uite of Ralph C. Otto in ail re~i~=l& Far the~e purpones Sandrod reserves for Otto's use the full and free rioht and liberty of entry end re-entry, and of ingress and regmms, in, upon, into or throuoh any portion of ~aid premi~e~, anti evmy pert thereof, at any and all tin~n dur~r~ ~aid f~m, for the purpose of improving or m~endino neulral a~oitrator to hear and deoid~ the claims. To the extent Ihat Ihe parties cannot Uniform Ad~itration Ack as adopted in Perrtsylvan~ shall 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. Uability 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 agrees 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, 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: S.~qDROD SERVICES BY AN AUTHOIalT~F~D AGENT -4- Exhibit D AGREEMENT THIg IS AN AGREEMENT, made this ~/~'~ day of /~2~ ,1998 by and between DARYL I,. ALGER of 490 Campbelltown Road, Palmyra, Pennsylvania 17078 CnereinaRer referred to as "Alser") and SANDROD SERVICES & S?,I.I~.S, 89 Hershey Road, Shippensburg, penn~lvania (herein~er referred to as "Sandrod'). WaKREAS, Sandrod is the Lessee of certain parcels of land owned by Ui Ung Lee, which land is located in Silver Spring Township, Cumberland County, Pen~lvanlp. referred to as the M¢Cort~¢k Fram, and idemi6ed as ASCS FSN 2567, depicted on Exla"oit A attach~ hereto; and WI~.RI~.4tS, the parties hereto desire to enter into this agreernent concerning the fmancing and production of crops on the McCormick farm during the 1998-2000 crop years. 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 cert.in land 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, Cumbedand County, Pennsylvania. 2. Term: The term 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 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 m~de 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 crops grown pursuant to this agreement. Furthermore, Sandrod Services & Sales 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. (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 shah not be included in this Lease. (f) An additional amount as agreed to by the parties for Sandrod's services including planting, tillage, harvesting, han!i~g, 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 elmrges. Should any payment due to Sandrod hereunder not be timely made it shall be subject to late cha~e 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 shall pay to Alger the procccAs 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 harv~ tho crops including weed control and application of all herbicides and insecticides. Sandrod shall be r~__ulat~blo for maintaining records required to be malqtained by any and all state and federal ory agencies, including but not limited to the En~i~-~nmental Protection Agency, with respect to any herbicides and insecticides applied by Sandrod. plantin~nd .u.Al, g~e_r shall plow. a~l~d disc .the afo. resaid parcel at least one of the years before ts mum u~ respo, smle tor ween, 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 arbiU~tor shall hear and decide any disputes. If the parties cannot agree upon one arbitrator, each · o m= ~x~em mat me parues cannot mutually agree upon rules and procedures for any necessary arbiuation of disputes, the Uniform Arbih-ation Act, as adopted in Pennsylvania, shall apply· 9. Maintenance. Alger shall keep the premises in general good repair, reasonable wear and injuries or other casualties excepted, and deliver up quiet and peacefi~! 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 prope~y 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, .~hsll insure perfo, mance by Alger of the indemnity provisions provided for herein. 11. Waste disposal prohibited. Alger shall not commit and sh~l! not allow any person to commit any act of waste disposal upon the premises. 12. Notice of violations. Alger gall have responsibility to correct any complaint or viohfion from governmental authorities or surround~,g 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 responm~ole for maintaining the records for spraying the premises that are required to be maintained by ~ alta 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 rdease. Sandrod shall not be liable to Alger for any damages to Alger or Alge~s property f~om 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 ari.nlng from any reason. 15. Entire agreement. This contract co~tains the entire agreement by and between the parties hereto superseding any and an 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 instrument. 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: LESSOR: SANDROD SERVICES & SALES BY AN AI~THOR1ZED AGENT Exhibit E SANDROD SERVICES & SALES RODNEY - SANDRA RICE Conklin Products-Seeds-Chemicals-Custom Work 89 Hershey Rd. Shippensburg, PA 17257-9407 PH 717o532-9501 FAX 532-6088 CELL 816-1655 Also Your Kaeser & Blair - Advertising - Dealer!l! DATE AMOUNT  ¥,~.. ALLclaim~ and relumm:l goods MUST be · Pd~led 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!l! AMOUNT ALL claim 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. DATE ~ ~ /7~,z. AL!. ctmm$ and relu~ned go.ds MUST be acc~ 0415 Rec'd by p~ted m U.S.A. SANDROD SERVICES & SALES RODNE'; SANDRA RICE C~.,o~hn P'. ,~,,.ct~. :..' :~.Cno ~,,_-ats-Cu$.tom Work ...... ~.... :.... .... ..~...~: ...... ~_~ ~ L' ~ ? '"' "'" " ~ S l~/ . -,- .-.,, - ..... ... ~ ~ ' - ~ ~k'~--' -%..~i- ' o~ OUAN DESCRIPTION ..... ./~R.. ~ 0 ~/~ . . ~ -- Z~Z.. - Exhibit G SANDROD SERVICES & SALES % % RODNEY - SANDRA RICE !in Proauc~s.Seeds. Chemicals-Custom Work ! ADORE$$ I ' ' "% QUAN. PRICE AMOUNT,.. -, -- ;zm/ ___ 3-~ -- ,sa S ;ERVICES & SALE'~ ~'_~-:~- -SANDRA RICE Conkhn Prod,.,c;:.-Seeds-Chemicals-Custom Work SANDROD SERVICES & SALES RODNEY o SANDRA RICE Conklin Products-Seeds-Chemicals-Custom W 89 Hershey Rd. Shippensburg. PA ~7257-940; PH 717-532-9501 FAX 532-6088 CELL 816-16.~ !!! Also Your Kaeser & Blmr - Advertising - Deale CUSTOMER'S ORDER NO. ADORE,SS I ~ ~rk 5 QUAN. ALL claims and mlmned goods MUST be aocompanied by It~ b 1001 Exhibit H Con~::'t Prod~,¢;:..$oed$-Chemicals-Cuslom Work AIsc YOU, ~oese, & Bla. - Ad~~aIbr"' MDSE. I PAID OUT PRICE [ AMOUN AODRESS I --~ TAX, -- SANDROD SERVICES & SALES RODNEY - SANDRA RICE Conklin Products-Seeds-Chemicals-Custom Wor~ 89 Hershey Rd. Shippensburg. PA 17257-9407 PH 717-532-9501 FAX 532-6088 CELL 816-3655 Also Your Kaeser & Blair - AdverJising -pealed.!! QUAN. 0665 Exhibit I SANDROD SERVICES & SALES RODNE¥ - SANDRA RICE Conklin Products. Seeds-Chemicals'Custom W 89 Hershey Rd. Shippensburg. PA PH 717.532-9501 FAX 532-6088 CE Also Your Kaeser & Blail QuAN. ALL claims a~d returned goods MUST be a~m,~,~,~ by 0666 p~inted m U.