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HomeMy WebLinkAbout2004-3641 Civil F. GLENN PEFFER AND SHIRLEY B. PEFFER, HUSBAND AND WIFE, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES E. JONES AND LINDA C. JONES, DEFENDANTS 04-3641 CIVIL TERM IN RE: BENCH TRIAL BEFORE BAYLEY, J. MEMORANDUM OPINION AND VERDICT Bayley, J., February 16, 2007:-- On April 1 , 1985, plaintiffs, F. Glenn and Shirley B. Peffer, rented a farm on an oral agreement for $10,000 a year to defendant, James E. Jones. Defendant used the farm to raise cattle. On August 4, 1988, the parties entered into a written agreement to continue the lease at $10,400 per year. The lease provided that "on the expiration of this lease the property is to be given up in as good order in all respects as it now is, reasonable wear and tear and damage from fire accepted." The lease renewed year after year at the same rent until defendant vacated the property at the end of December, 2002.1 From the inception of the oral lease on April 1 , 1985, plaintiff, F. Glenn Peffer, routinely did some major repairs at the property such as painting, fixing wind damage to 1 Plaintiffs built a machine shed on the property in 1992, for which defendant, under an 04-3641 CIVIL TERM the roof of the barn, and putting in some electrical circuitry. Defendant testified that he paid for routine maintenance to the property to keep the machinery, equipment and facilities operable. To support his testimony he produced paid receipts totaling the following amounts in the following years: 1994, $721.10; 1995, $127.16; 1996, $1,105.76; 1997, $412.79; 1998, $495.00; 1999, $399.88; 2000, $2,950.16; 2001, $1,933.27; and 2002, $1,141.10.2 Defendant testified that he operated the machinery in the silos and automatic feeder systems until he vacated the property. He maintains that the equipment was old, that he adequately maintained it through the end of his lease, and that he is not responsible in any amount to plaintiff. Plaintiff testified that when he took possession at the beginning of 2003, he found much of the equipment and machinery in such disrepair that it could not be utilized without extensive repairs. He undertook those repairs, for which he provided a significant amount of labor, which totaled $12,171.58 for parts and labor he paid to outside suppliers. He then leased the property to another farmer. Plaintiffs seek recovery of the $12,171.58 which they maintains defendant is responsible for under the terms of the lease.3 There is no doubt that the machinery and equipment is old. However, it is still oral agreement, paid a few hundred dollars a month to rent. 2 He did not have records before 1994. 3 The complaint against defendant, Linda C. Jones, was dismissed after plaintiffs presented their evidence and rested. Linda Jones was not a party to lease. She married defendant after it was executed. -2- 04-3641 CIVIL TERM well within useful life expectancy as long as it is properly maintained. We find that a significant part of the claim of plaintiffs is for reasonable wear and tear for which they are responsible. However, based on the credible evidence, defendant is responsible for $4,000 in damages for failing to keep the property in as good order as he received it, reasonable wear and tear accepted. Accordingly, the following verdict is entered. VERDICT AND NOW, this day of February, 2007, F. Glenn Peffer, is awarded $4,000 from defendant, James E. Jones, plus legal interest at six percent per annum from January 1, 2003. By the Court, Edgar B. Bayley, J. Douglas G. Miller, Esquire For Plaintiffs George Gekas, Esquire F or Defendants Court Administrator :sal -3- F. GLENN PEFFER AND SHIRLEY B. PEFFER, HUSBAND AND WIFE, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES E. JONES AND LINDA C. JONES, DEFENDANTS 04-3641 CIVIL TERM IN RE: BENCH TRIAL BEFORE BAYLEY, J. VERDICT AND NOW, this day of February, 2007, F. Glenn Peffer, is awarded $4,000 from defendant, James E. Jones, plus legal interest at six percent per annum from January 1, 2003. By the Court, Edgar B. Bayley, J. Douglas G. Miller, Esquire For Plaintiffs George Gekas, Esquire F or Defendants Court Administrator :sal