HomeMy WebLinkAbout02-2361"'QOt~.MONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBBRLAND
Mag. Dist No.:
09-3-01
DJ Name: Hon.
AUdress: 81 WA~u'~' BOTTOM ROAD
P.O. BOX 361
SHIPPENSBU~G, PA
Te~,phone: (717) 532-7676
SANDROD SERVICES & SALES
89 HERSHEY~D
SHIPPENSBU~G, PA 17257
17257-0361
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
r-SANDROD SERVICES & SALES
89 HERSHEY RD
SHIPPENSBU~G, PA 17257
VS.
DEFENDANT: NAME and ADDRESS
I-ALGER, DAEYL
201 SOUTH MT.PLEASANT
LEBANON, PA 17042'8945
02- 2%,/
NOTICE OF JUDGMENT/TRANSCRIPT
Docket No.: CV-0000057-02
Date Filed: 3/01/02
J
THIS IS TO NOTIFY YOU THAT:
Judgment:
[] Judgment was entered for: (Name)
~-] Judgment was entered against: (Name)
in the amount of $ . nt~ on:
Defendants are jointly and severally liable.
Damages will be assessed on:
AT,t~-'I~Q: 'r3xl?'y'T~
This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
[] Levy is stayed for days er [] generally stayed.
~--~ Objection to levy has been filed and hearing will be held:
(Date of Judgment)
(Date & Time)
Amount of Judgment $ o 00
Judgment Costs $ o 0¢
Interest on Judgment $ o 0(~
Attorney Fees $ .0C
Total $ .0(]
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/'FRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
¢"~/<:~ 't¢2~'~ 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, 2006 SEAL
AOPC 315-99
COMMONWEALTH OF PENNSYLVANIA
C~)URT OF COMMON PLEAS
NOTICE OF APPEAL
/:ROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
'7
NOTICE OF APPEAL ~~ ~00~
~ is gi~ ~ ~ ~nt ~s fi~ in t~ a~ C~t of C~ ~s ~ ~ ~ ~ ~ ~ ~ ~str~ Jus~e ~ ~
~in~c~~
ONLY ~ this ~m~ is mqui~ u~ P~ R~J~. ~ ff ~ ~ CLAIMANT {s~ ~. fl.O,P.J.P. NO.
1~8&
This Notice of Appeal, when received by the District Justice, will opeeate a~ a lO01( 6 ) in action before District Justice, heMUST
SUPERSEDEAS fo the judgment for possession in this case~
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
Signature of I~othcnotary or Deputy
PRAECIPE TO EN~ik RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of fo~n to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before DisO'ict Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Pmthax)for¥
Enter rule upon
(Common P~,s NG
, appdlee{s), fo file a complaint in this apped
within twenty (20) days aftor service of rule or suffer entry of judgment of non pros.
RULE: 1'o
~ o~ a~pea~s)
(1) You am notified that a rule is hereby efltemd upon you fo file a complaint in this appeal wilhin twenty (20) days after the date of
se,'~ice of ~ rule ~ you by personal service or by certified o~ registered
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
AOPC 312-90
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED W/THIN TEN (10) DAYS AF?E_.B filing the notic. ¢ 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 Distric~ Justice designated there n on
(date of service)__. :_ _: 2 ...... [] by personal service [] by (certified) (registered) mail, senders
receipt attached hereto, and upon' the appellee, (name~
, [] by personal ser'vi~by (certifi--' 'e-d)(iegist---~r~cli mail-', ;;~J~r's
[] 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
mail, sender's receipt attache(~'~'~io. [] by personal service [] by (certified) (registered)
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF
5_
Distr~ Justice, will operate as a
in thls case
(see Pa.
1001(6) inaction before District Justice, he MI.
FILE A COMPLAINT within twenty (20) days
fil/ng his NGTICE of APPEAL,
DEFENDANT {see Pa. R.C?.J.P. No. 1001 (7) in act/on before District Jusl
of t of appeal to be sewed upon
, c~pel~{s), to file a complaint n thh
_~ within twenty ~20) days~tt~ service
.__....-- S/gnature ot a,opeffant o~ n~s alt~
{C, omm~ Pteas Nc~ -
You am noticed that a ru~e Ls hereby e~temd upC~ yoU to fi~e a complaint i~t~s ap~eCl wlt~n tv~nt¥ ~20} doys ~te~ tlne dat~
certified o~ registered mail
service of l~is ~ ~ yo~ by ~ set'vice or ~
[2) ff yo~ do not file a c:ompiaint within this time, a .IUDG~EI~I' OF 1,4Ot4 pROS ~/%1.L GE Et,4TEREO
i$1 The date of smvlce of this rute if service was by ma~ is ~ne date of maili~
COUKT FILE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(Th/s proof of service MUST BE F/LED WITHIN TEN (10) DAYS AFTER fil/ng the notice of appeal Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ............ ~ ............ ; SS
AFFIDAVIT: I hereby swear or affirm that I served
[] a c~py of the. Notice of Appe;,: .Cl?mmon Pleas No. ~ ~ _ ~.~_~., ~upo, the Distr ct Justice designated therein on
(date of serwce) ~ J~.- ~Z ...... by personal aery,ce ~ by (certified)(registered) mail, sender's
recel~ attached hereto and ~pon the appellee, (name)
U ~nd~er that ~rve~ the ~'~e to File ~ ~omnl~%~br
[n~ Hu~e ~a~ addressed on --~ ~ ........ umpany~ng [ne~ve Notice of Appeal upon the ap~ellee/s~ ~'
ma,,, sender s rece,pt attached hereto. ' ..... U Dy personal se~ice
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS -__ 1 _9'~._ DAY OF __~~, ~_...;¢¢ 2.,
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
$ $0.34
S2.tU 0257
04
$1,50
$0.00
$3.94
Postmark
Here
05/18/2002
r"l or PO Box NO.
RODNEY E. RICE t/d/bin
sANDROD SERVICES AND SALES
plaintiff
DARYL L. ALGER
Defendant
:IN TIlE coURT OF COMMON pLEAS OF
: CUMBERLAND COUNTY, pENNSYLVANIA:
:CIVIL ACTION - LAW
:NOS. 2002-2358
: NOS. 2002-2359
: NOS- 2002-2360
~ NOS. 2002-2361
~ set forth
. ter this Complaint andNotice
yOU HAVE BEEN sUED IN coURT. If you wish to defend against the claims
ust take action with in twenty (20) days af ., r,u,,o in writing with the
;,. *he following pages, you .m.} .... ,,earance personally or by attorney anu
· ..... - rin" a Wrltt~n ,,¥r . · . You are warned that if you fail
r~,,a your defenses or om -.;*},out you and a juag~·~ for any other claim or relief
'~"~'~ the case may proceett ~, .... in the Complaint or
without further notice for any money claimed rights important to you.
SIIoULD TAKE Tills pApER TO YOUR LAWYER AT oNCE- 1F yOU DO
requested by the plaintiff- you may lose money or property or other
. TO OR TELEPIIONE THE
vEa can LEGA
~r r ~ -~- F Association
Cumberland County Bar
2 Liberty Avenue
Carlisle PA 17013
(717) 249-3166 or 1.$00-990-9105
RODNEY E. RICE t/d/b/a
SANDROD SERVICES AND SALES
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA:
DARYL L. ALGER
Defendant
: 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 pot 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 IMMEDIAT~~- SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O I,I,AME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON-DE SE PUEDE CONSEGUIR
ASSISTENCIA LEGAL.
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 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 farms in Cumberland County referred to by the
names of the land owners as the "Lehrman" fa~fc~, 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 farm 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 11/2 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 framing the Leh~man, 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 10t~; one-half due October 10m. 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 - 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.
~ 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 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 ! ~/2 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
~~e # 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.
Respectfully Submitted,
Date:
By' '
--// Mt~-vin Beshore, Esquire
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 unswom
falsification to authorities.
Dated: .5-' 31 - .o L
Sandrod Service and Sales
Exhibit A
04/22/g9
.... .-,-. ..... ~ 1I'~U~''"'- -~-
~' ~ .... ,. dlend o~..dby I.,m~ Ld~rmen,
comedla~ wlb~ ~ger'l ~ MIM lul~j~ rang-, ~kf-
MiLSPAW&BES~0RE [~003
-2-
~002
IN WITNESS WHEREOF, the parties hereto inl~ing to be full~ sn~ I~11~ bound
h~ve hereunder ~t their hands and scsi; o. ll~e d~ s~l year fi~ above-written.
WITNESS:
Exhibit B
AGREEMENT
THIS IS AN AGREEMENT made this ~'? day of /~/z~ ,1998, by
and between SANDROD SERVICES & SALE--~ 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; ana
WHEREAS, the parties hereto desire to enter into this agreement concerning the
financing and production of crops on said fa~ roland during the 1998 crop year.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants sat 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 Apdl 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. --J- O V-~-F~[ ~ + -,-- ~4.
3. Te.;~. The tern, 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.
payments:
Payments by Alger to Sandrod: Alger shall make to Sandrod the following
(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 fa.ned, which shall be
payable upon Two Hundred Forty-Five (245) acres. Payments shall be made as follows:
(1) $g,800.00 on or before April ~5, ~ 998; and
'2' $~8~:)?~ on or before the earlier of October 10, 1998, or tl~...
first day of ha~est o~ ~ops on ~e subject premises and harvest shall not bo i:~gun
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 b? made .after .work?s _co_m__pl_e_t_e?_~and within
fifteen (15) days after a statement for the WOrK or services nas Dean pru~u.t~u.
(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 procccds 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 ~____~_~ntrol and~a..o.o, li.ca, tion of a!l harbi.ci_.'_d~es._an~d_.~,
insect~'d-es..2"~;~t~-~h-~ll-D~--~sponsible for malntaln,ng r. ec?r?.s r.eq.ulreo...~o.t~Udd
.~~y any and all sta~_e and federal regulatory agencies, inc~ualng out not llml[e
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. F.or ~ese p.urposa.s Saanndc~Ooof
reserves for Otto's usa the full and free right and liberty OT entry ano re-entry,
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 ,s agreed and
understood between~arties thata,~C,~l~,~.sh~ill not~nterfere, heweve~, wi~ Sandrod~s or
......... -- ' -
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
Unifo,;~ 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 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
a,nt or violation from ovemmental authorities or surrounding neighbors. ~y,~-?,,v .~' .~.
compl ' g ~,~ ,~,~
14 Recordkeeping for Chemical Applications. iq-th
· ., ~ · .... ,-,~-' --~-~.-;.-'-~" t= '.hc =-.--";"cc~ Alaer shall be
,,,,~..., -..,,, e--d--- , 3elies-anw;'.., ................ r ........ -. _
............... .-- .~r. . -- - . ............ : .... De
responsible for malntaln,ng the records for spray, ng tl3e prem. ,ses. tn.a~.a[~, !~.u,, .,~.. ~.._ J
maintained by any and all state and federal regulatory agencies, i.nc, uemg. ~ no.~, .m~[..~].
to the Environmental Protection Agency, and Alger further agrees to provide :sanorce w~tn
a copy of said records at his request.
15. Waiver and Release. Sandrod shall not bo liable to Alger for any damages
to Alger or Alger's property from any cause, includi,n_g 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., ..wri.'tte.n .or or.al,
which the parties have entered into and may not be modified or revise(] w~tnout me 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.
SANDROD SERVICES & SALES
BY AN AUTHOR17-,ED AGENT
-4-
Exhibit C
THIS IS AN AGREEMENT mede this~r~ day of ~ , l=J~J~,, by
and between SANDROD SERVICES & SA-~ ~ 89 Hersl~ey i~oad, 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 fa.¢~iand 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 fa..ed. 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. Te... The term of this agreement shall be for the crop year 1999.
4. Ownership of Crol~. 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, Fa~,~ 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 ~iL~PA~&I~,~RORE , ~003
6. Reg .... ---- ..~.~, ~ ~ ;ill loans, program ~ei'lem~, =M
acres ~o t~ USDA, Farm a~r~..~ ~,--. -- fe~ive
shall be payable upon Two Hund rty- ·
follow~:
~ ..~ '-~,~ 8' 57S' d
O) ~,gr~.~onorbefomAprii25, 1909; an
,,,, ~.., ~_r.~ bek~ Ute eadier of October 1.0:1 ~9~J__,,.or the
first day of harvest o~ cmp~ ~, ~ .,= --,,,~-,,-- ,- ......
said payment is made; .-t4oz~ ~.
(b) An arr~unt equivalent to any flex payment received, within one week
alter re~ipt of such paymert by Alger fr~n USDA, FSA.
~aera=~ (a) and (b) no~ be timely made, any ....
8 tease CompIi~ ~ shall be reepormible for complianae with
, in, UpOn. I[W.~ u, ,., .......~. · -..i r ...... .
d all times during said term, for the ~ mprov .......
thereof, &t any In ........ .~_ ._.~;,,,, of the r, ramis~
nmmi or dlre~Jy ~111Kllrlg ul~ ~.~.-~., r ......
the ~iid ,. ...... ses . ~ ..........
understood beeamen tile pmaeI zr~ ~ger ='"~" ' ~ "'" ......
Otto's ongoing lease agreemen~ of said premiI~Ik
falti~ arb, ua[or shall hear and decide any
mi.ltu~lIv ~ upon rUl~S aha piix=~ii,~ ,v, 0,,~ . . --
Onifol~ Afo-"i~r~ti~n Act, as adopted in pennsylvania, ~'m, al~Y.
-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,,,
maintain insurance coverage of combined bodily injury and property damage liability with
a liability limit of not less than $1 million par occurrence, insuring all liability of Alger and
his authorized agents arising out of and in connection with Alger's usa or occupancy of the
premises. All liability insurance, as aforesaid, shall insure parfofrr, anca by Alger of the
indemnity provisions provided for herein. Alger shall provide to Sandrnd 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 end 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 parson or property arising from any reason.
16. Entire Agreement. This contract contains the entire agreement by and
between the parties hereto suparsading 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 wriffen 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. ~LGER
SANDROD SERVICES & SALES
BY AN AUTHOBrT~ED AGENT
-4-
Exhibit D
AGI~E1F~NT
(hereina~er referred to as ~AlSer~) ana ~a,~,~,~,-, om..,~.~o ~. ~. ,
Shippensburg Pennsylvania 0tereina~er refe~ed to as "Sandrod").
Wi~R~AS, Sandrod is the Lessee of certain parcels of land owned by Ui Un8 Lee,
which land is located in Silver Spring Township, Cumberland County. Pennsylvania, referred to as
the McCormick Fa~a~, and ide~6fied as ASC$ FSN 2567, depicted on N0du'bit A attached hereto;
and
W~I~i~&S, the parties hereto desire to enter into this agreement concerning the
financing and production of crops on the McCo~-~-,ick farm during the 1998-2000 crop years.
WITNESSETlt:
NOW, THEREFORE, in consideration of the mutual covenar~s 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, Mechanicsbur~ Silver Spring Township, Cumberland
County, pennsylvania.
2. Term: The term of this Agreement shall be for the Period of three (3) years
commencing on the fi~st 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 Te, u~, Alger shai! 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 iik~allr~ents of each year as follows:
(a) The first payment of Three Thousand Dollars ($3,000.00) shall be made on
or before the 15th day of February of each year.
(b) The balance due and owing of Three Thousand Five Hundred Dollars
($3,500.00) shall be made on or before the 15th of August of each year.
(c) Owuership 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 mutuelly egree.
(e) Sandrod shall reserve Five (5) acres more or less, for vegetable
which shah not be included in this Lease.
(0 An additional amount as agreed to by the parties for Sandrod's services
including planting tillage, harvesting, b_n~ling, etc. Payments on account for these items sbnl! be
made aRer 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 mount 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 shail pay to Alger the proceeds of sale of all crops
grown and harvested.
6. Responsibility for planting, harvesting, and record keeping. To the extent so-
designated by Alger, Sandrod &hall be responsible for planting, tilling nmi harvesting the crops
including weed control and application of all herbicides and insecticides. Sandrod shall be
respon~ble 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 San&od.
7. Alger shall plow and disc the aforesaid parcel at least one of the years before
planting and &h_nl! be responsible for wc. cd, shrub and tree control on the aforesaid parcels.
8. Breach. If any dispute arises between the parties hereunder, they agree that it
shall be submitted to binding arbitration. For these purposes the parties agree in good faith one
arbitrator shall hear and decide any disputes. If the parties cannot agree upon one arbiUator, each
shall select an arbitrator and the two selected shall select a third neuh~l a~oitrator to hear and
decide the claims. To the extent that the parties cannot mutually agree upon rules and procedures
for any necessa~] arbitration of disputes, the Unifom~ Arbitration Act, as adopted in pe~n~lvania,
&hal! 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 peaceful possession
thereof at the expiration of the term.
10. Alger, at his expense, simll during the Lease term mnintain insurance coverage of
combined bodily injury and property dam_n_,oe 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 Aige~s use or occupancy of the premises. An liability insurance, as aforesaid,
shall insure performance by Alger of the indemnity provisions provided for herein.
11. Waste disposal prohibited. Alger shnil not commit and shall not allow any
person to commit any act ofwnste disposal upon the premises.
12. Notice ofviolations. Alger sbnli have respons~'oility to correct any complaint or
violation from governmental authorities or surrounding neighbors.
13. Rzeordkeepiag for ehemieal applieations. In the event that any person other
than Sandrod appplies any regulated chemicals to the premises, Alger ~sll be responsl~ole for
maintaining the records for spraying the premises that are required to be ~aintained by any and all
state and federal regulatory agencies, including but not limited to the Environmental Protection
Agent, and Alger further agrees to provide Sandrod with a copy of said records at his request.
14. Waiver and release. Sandrod shall not be liable to Alger for any damages to
Alger or Alger's property flora 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.
15. Entire agreement. This contract COll~_sins the entire agreement by a~d 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
16.
parties.
17. This Lease may be executed in any number of counterparts, each of which shall bo
an original, but all of which shall together constitute on and the same insmmaent.
Binding effect. This contract is binding on the heirs, successors and assigns of the
IN WITNESS Wltl~.REOF, the parties hereto, intending to be fully and legally bound,
have hereunto set their hands and seals on the day and year ~ above written.
WITNESS:
LESSEE:
LESSOR:
SANDROD SERVICES & SAI,lg, S
BY AN AI~THORIZED AGENT
Exhibit E
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
Pdt~ed 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!l!
Exhibit F
SANDROD SERVICES & SALES
RoDNE¥ o 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
~!! A so Your Kaeser & Blair - Advertising - Dealer!!!
SANDROD SERVICES & SALES
RODNE't SANDRA RICE
C:~r,~hr'. P'. ,¢,,ct'=' :'" ?,.Cnpm,.'ais-Custom work
........... :.... .... ..~,...~:.'-'~8~.~
.:..-.' - .'., .: ': :~/~Z~'~,.
~" ' "' ' ~f ~/~- -r '
~.,==~o~.~,~ ...... ~-~ ~ 30/~o
......
-- ALI. cia,ms and relumed goods
0415 ~"~-
--,, .- _-..-', ' -FRV:,C
Exhibit G
SANDROD SERVICES & SALES
% % ROONEY- SANORA RICE
~NT~.n'~jin Proclucrs-Seeds. Chemicals-Custom Work
QUAN. DESCRIPTION PRICE AMOUHT
---4
,SA
;ERVICES & SALE-'~ ~'~
SANDRA RICE ~j~
Conkhn Ptod,,c; :.-Seed s. Chemicals-Custom Work
QUAN.
SANDROD SERVICES & SALES
RODNEY - SANDRA RICE
Conklin Products-Seeds-Chemicals-Custom Work
89 Hershey Rd. Shippensburg, PA ~7257-9407
PH 7~ 7-532-9501 FAX 532-6088 CELL 816-1655
!!! Also Your Kaeser & Blmr - Advertising - DealerP.!
, ORDER NO. OATE
ALL claims and ~elum~d goods MUST be accompanied by INs bill.
1001
lin U.S ~
Exhibit H
SAN[~t. SERVICES ~, SAL~'
'~'~'EY · SANDRA RICE
Con~:". Produ¢;:..S,-e,~s.Chemicals-Custom Work
PH'IT-532.'~5~t FA~ 53;-~,0 R' ~1 ~655
A~RESS
QUAN. I e~ DESCRIPTION PRICE ~ AMOUN
,.,cb · _ 7/~.5'.
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 - AdverJising -pealed.!!
QUAN.
0665
Exhibit I
PRICE '
-F-
+ -~1
0666 ~7~ -
',..,,
SANDROD SERVICES & SAI
RODNEY - SANDRA RICE
Conklin Products.Seeds-Chemicals'Cust¢
89 Hershey Rd. Shippensburg, PA 17257
PH 717-532-9501 FAX 532-6088 CELL 81
Also Your Kaeser & Blair o Advertising
NO, DATE
ES
,165S