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The owner of Coach Stop Farms,
John Bosworth, documented
the eviction process with the Erickson's.
Town
of Nelson Court,
Feb 24, 2009. Honorable Judge O'Sullivan presiding.
John
Bosworth represented by John Elleman of Bond, Schoeneck and King.
Bonnie
and Neil Erickson representing themselves.
We showed
up about 3:20 and the door wasn't unlocked to the town office.
Bonnie & Neil were sitting in their borrowed car, the white one. Of
course they didn't look at us as we walked up & found the door still
locked. Actually, they didn't look at us at all the whole
afternoon, as far as I could tell.
When we got
in there were no lawyers. The lawyers were supposed to be there
before us at 3pm to discuss the case. My (our) lawyer shows up
about 3:30 & we talk. The Erickson's newly acquired lawyer, Whinny
some-body couldn't represent them. So they had no lawyer. Judge
was not happy. Found out later that the lawyer they contacted
worked AGAINST them for the law firm that represented the
Thoroughbred rescue that took Bonnie to court over the horse she
basically stole from them.
According
to Bonnie, she had the money to pay me, but it was in 2 cashier
checks made out to the ex-lawyer. And she left them home. And she
looked thru her papers when asked by our attorney for the insurance
she was required to have and must have left that home too.
So, no
lawyer. Judge was not happy because she had ample time to get one,
but with the seriousness of eviction, did not want to hand a
judgment w/o them having representation. So he adjourned for a week
so they could hire a lawyer.
BUT...
My lawyer
asked the Erickson’s if they could drive home (it’s about 5 miles),
get the checks and insurance policy and bring them back to court,
just to prove they had the money in the certified checks like they
said they did. Court had just started, plenty of time to run to the
farm and back. The Erickson’s wouldn't do it. They didn't agree
with the down payment and would not bring the checks to court. My
lawyer explained to them, then the judge explained to them, they
keep the checks, no money changes hands, all the court wanted to do
is verify they have the money they say they did. Nope. They
wouldn't do it. Too much to do at home, or some such bs, couldn't
take the time to run home & come back. So my lawyer told the judge
he greatly doubted the Erickson’s had the funds available and wanted
the judge to sign the eviction. Judge gave them 1 week. And made
it absolutely sure that they understood it was 1 week and no more.
So, the Erickson’s need to come back to court with a lawyer next
Tuesday at 3pm. And me & my lawyer too.
The
Erickson’s also allege we – her and I - had an agreement concerning
the January rent. That they would take the board for the 4 ponies I
left at the farm off January's rent. The ponies that Bonnie told me
she'd sell for me. And she said that after she added up all the
back board it more than paid for February's rent too!!! She did
this under oath. The judge gave her the oath. I nearly jumped out
of her chair when she heard that! Actually, Cindy did jump right
out of her chair! There is no agreement. That was the 1st time she
brought it up other than when she called the cops on me at the farm
last week & she threatened to charge me board. So, according to her
she owes no January or February rent. And the down payment can not
be paid to me because she doesn't trust me. Of course I've GOT to
trust her with my farm.
So, next
week they're going to show up with a new lawyer - or a lawyer - and
argue they owe me nothing. My lawyer said there is little chance
of that.
Bonnie
tried to argue that the agreement we signed wasn’t a rent or lease
agreement and can not be contested in town court. I guess her 1st
lawyer told her this. Our lawyer assures us he will have no problem
disputing that argument.
Bonnie and
Neil need to show up next week with a cashiers check for the
downpayment made out to my lawyer to be put in escrow. They
also need a certified check made payable to me for the back rent.
They also need to show proof of liability insurance. They are going to argue that
they do not owe me the down payment because the down payment
should go to my bank, something someone put into their head. They
will argue that the Jan & Feb rent was more than paid for by the
“board” for the 4 ponies I left on the farm, as she told the judge
we had agreed to.
Town
of Nelson Court,
March 3, 2009. Honorable Judge O'Sullivan presiding.
John
Bosworth represented by John Elleman of Bond, Schoeneck and King.
Bonnie
and Neil Erickson representing themselves.
The Erickson's showed up without a lawyer
again.
They "couldn't find one". Judge was not happy and took them to task
w/ "You couldn't find any lawyer in Madison, Oneida or Cortland
county?" "No".
So the judge let them speak. He called them into chambers to talk
to them privately. I guess there is a another legal problem going
on concerning bad checks.
They re-iterated that we had an "agreement" that would absolve them
of Jan, Feb and now part of March's rent. I didn't get to - have to
- dispute, my lawyer said very nicely it doesn't matter. They did
not hold up their end of the agreement thus the agreement is null
and void and they are squatters. After due process the judge ruled
for their eviction. He needs to complete the warrant & it needs to
be served, then they have x days to vacate.
Of course they didn't like that and asked for a stay. The judge
said they needed a lawyer to file a stay and it needed to be done in
County Court. She requested an order of protection against me
because on a public website some friends of mine said they could
come over w/ cell phone jammers so if they had to call
fire/ambulance they couldn't. Wonder where that came from.... Also
that I've been driving by the farm. Well, DUH!!! IT'S MY FARM!
So, the outcome is that they are evicted - unless they can find an
attorney to file a stay against the eviction and the stay is up
held. My lawyer presented them with a document I drew up listing
all the items I own that are on the farm & presented them with
that. With pictures and all. It also stated that I will prosecute
to the full extent of the law any vandalism or missing items.
Do not know exactly when they have to leave - as soon as next
weekend but probably not. Most likely before the end of the month.
So, we won but they could still make it hard on us. But they are
going to have to pay a lawyer and court to do so.
Town
of Nelson,
Friday, March 6, 2009.
Heard that the eviction papers were served to
the Erickson's. They need to be out by 1pm Tuesday March 10th.
Town
of Nelson,
Tuesday, March 10, 2009.
I
received a call from Deputy Bikowsky of the Madison County Sheriffs
at 10:30 that the Erickson's received a temporary stay of eviction
from the county court. 1 1/2 hours before they were to be
evicted. The county judge would hear the case on March 26th,
giving them over 2 more weeks to stay on the farm.
I
talked with my lawyer later in the day and he had found out that
Bonnie had gone to the judges chambers and was turned away.
She refused to go and cried until she was able to talk with the
judge.
Madison County Court,
March 26, 2009. Honorable Judge McDermott presiding.
John
Bosworth represented by Adam Mastroleo of Bond, Schoeneck and King.
Bonnie
and Neil Erickson representing themselves.
Turned out the best possible. They didn't
have a lawyer. I didn't know it, but they were supposed to give the
county clerk the town court's judgment that I was awarded which they
didn't do. They were supposed to file the appeals which the didn't
do. The judge wouldn't even hear anything more. Reversed the stay
& now we have to to the serve eviction papers & 72 hrs to get out
again. There's a chance that if they appeal thru the correct
process the judge MAY hear the case. Same judge. And BOTH parties
get to present their case.
Town
of Nelson,
Thursday, April 2, 2009.
The
eviction papers were served to the Erickson's for a second time.
They need to be out by 11 am
Monday, April 6.
Town
of Nelson,
Monday, April 6, 2009.
A
sheriff's deputy was to evict the Erickson's at 11am, Monday
April 6th. At 11am we arrive and parked on the
road with a real estate agent who came as an outsider to
testify to the condition of the farm if needed. The farm yard is full
of trailers and cars and trucks. The deputy calls me and explains that Bonnie sees
us there and needs 2
more hours to get the house in "broom swept" condition and
that they had had a trailer break down.
We agree to come back
at 1pm.
When we come back at 1pm,
again with the realtor, there are even more trailers, cars
and trucks in the driveway. The deputy sheriff pulls
in to see what is going on. Now the Erickson's need
another 3 hours to clean the horse stalls in the barn.
We grudgingly agree.
At 4pm we come back, with
the realtor (again) and the now off duty deputy. Still
cars, horses and many people at the farm. The Deputy
ushers them out including 3 horses that were not on the
trailer. They walked those horses up the road to load.
And they are gone
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