2009-06-16_ENFORCEMENT - M1980246

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refused to produce the lease and refused to allow the Plaintiff to be a named party to any written lease. 14. Subsequently, at an unknown time, the Defendants entered a new and different written lease and back dated the same to August 8, 2005, without the prior knowledge or consent of the Plaintiff and over the Plaintiffs objection to any written lease being entered without its written consent. The new lease is attached and marked Exhibit A. 15. In the same time frame and also without the knowledge or consent of Zellitti Properties, Defendant Anthony Zellitti purchased property adjacent to the existing gravel pit (hereinafter the Phillips property) for the purpose of extending the sand and gravel pit into said property and that Anthony Zellitti had continued to pay a small sum in this period to the Plaintiff as a "royalty" when in fact Anthony Zellitti was paying himself a much larger sum from the activities of Hocker Construction on the adjacent property and utilizing the joint tenancy property for milling, storage and transportation from the said Phillips property. . 16. In addition to the above, and also without knowledge or consent of Zellitti Properties, the Defendant, Hocker Construction, L.L.P. began mining sand and gravel • from the existing pit which extended onto other property jointly owned by Anthony Zellitti and Marilyn Zellitti and other relatives of the said Defendants (hereinafter the Barry property) and for which they received a royalty and used the tenancy in common property for milling, storage and ingress and transportation and failed to pay any fee to the Plaintiff for the use of the tenancy in common property owned by Plaintiff. 17. Over the objection of the Plaintiff, Anthony Zellitti and Marilyn Zellitti began charging 10% management fee deducted from the royalty payments being paid by Hocker Construction L.L. P, for sand and gravel extracted from the commonly owned property. 18. The Plaintiff demanded that the Defendant Hocker Construction L.L.P. pay Plaintiffs' share of royalties directly to the Plaintiff, but the Defendant Anthony Zellitti and Marilyn Zellitti have objected and the Defendant Hocker Construction has steadfastly refused. 19. As a result of the above breaches of duty of the Plaintiffs by the Defendants, Anthony Zellitti and Marilyn Zellitti, Plaintiff terminated the management agreement with the Defendants. COUNTI 20. All introductory paragraphs 1 through 19 are realleged and incorporated • herein by this reference.