Lazy D Mobile Home v. Vankavelaar, M.

CourtSuperior Court of Pennsylvania
DecidedNovember 25, 2025
Docket1481 WDA 2024
StatusUnpublished

This text of Lazy D Mobile Home v. Vankavelaar, M. (Lazy D Mobile Home v. Vankavelaar, M.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lazy D Mobile Home v. Vankavelaar, M., (Pa. Ct. App. 2025).

Opinion

J-A19021-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

LAZY D. MOBILE HOME ESTATES : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : MIKE AND KERRI VANKAVELAAR : : : No. 1481 WDA 2024 APPEAL OF: KERRI VANKAVELAAR :

Appeal from the Order Entered February 13, 2025 In the Court of Common Pleas of Washington County Civil Division at No: 2023-07960

BEFORE: BOWES, J., STABILE, J., and BENDER, P.J.E.

MEMORANDUM BY STABILE, J.: FILED: November 25, 2025

Appellant, Kerri Vankavelaar,1 appeals from the February 13, 2025,

judgment of $3,675.00 plus costs entered by the Court of Common Pleas of

Washington County in favor of Appellee, Lazy D. Mobile Home Estates.2

Appellant argues that the trial court erred in finding that the ejectment action

was not subject to the Manufactured Home Community Rights Act (“MHCRA”),

68 P.S. §§ 398.1 et. seq. Finding merit in Appellant’s argument, we vacate

the order and remand for proceedings consistent with this memorandum.

The trial court set forth the factual background to this case: ____________________________________________

1 Mike Vankavelaar did not participate in this appeal.

2 On October 23, 2024, the trial court issued an order granting Appellee’s claim for ejectment and awarded a judgment of $3,675.00, plus costs. Appellant filed a timely notice of appeal on November 21, 2024. Thereafter, this Court directed Appellant to praecipe the trial court to enter judgment, which was completed on February 13, 2025. J-A19021-25

The land subject to this action is located in Washington County and is known as Lot 24 Horseshoe Drive in the Lazy D Mobile Home Estates in Roscoe, Pennsylvania. Since 2020, the Vankavelaars have leased Lot 24 on a month-to-month basis. Such lease is an oral lease.

The Lazy D modestly raised lot rents in April of 2021 and then again in April of 2022. As of April of 2002, the Vankavelaars’ lot rent was $275 per month. The Vankavelaars paid these increases, however, they began to withhold their lot rent in August of 2022 [due to ongoing habitability issues that were not remedied by Lazy D]. On October 15, 2022, the Vankavelaars paid only $100 in lot rent. On December 8, 2022, Mr. Sanders[, owner of Lazy D Mobile Estates,] provided written notice of his intention to file a complaint with the magistrate for unpaid rent. [The Vankavelaars made partial payments in December 2022 and January 2023.] [O]n February 3, 2023, Mr. Sanders provided a second written notice of his intention to file a complaint with the magistrate regarding the Vankavelaars’ ongoing failure to pay their monthly lot rent. Within five (5) days, the Vankavelaars made another partial payment of $300 towards their unpaid rent that now exceeded $1500. Mr. Sanders again refrained from filing a complaint with the magistrate.

****

As of November 30, 2023, the Vankavelaars had an unpaid rental balance of $1,875. Mr. Sanders provided another written notice of default to the Vankavelaars and stated his intention to file a complaint with the magistrate.

Trial Court Opinion, 10/23/24, at 4-5 (footnotes and citations omitted). On

December 6, 2023, Appellee filed a statutory eviction action before Magisterial

District Judge Eric Porter. On December 19, 2023, MDJ Porter granted

Appellee possession and awarded a judgment of $3,476.64. Appellant filed a

notice of appeal in the trial court on December 29, 2023. Thereafter, Appellee

filed a pro se complaint alleging non-payment of rent. Appellant filed

-2- J-A19021-25

preliminary objections, asserting a lack of subject matter jurisdiction,

Appellee’s failure to join a necessary party and insufficient specificity in the

complaint. See Preliminary Objections, 1/31/24.

In response, Appellee filed a counseled amended complaint asserting

two counts – eviction and ejectment. See Amended Complaint, 2/27/24.

Appellant again filed preliminary objections and asserted a lack of subject

matter jurisdiction, insufficient specificity in the complaint, and that Appellee

failed to exhaust a statutory remedy. See Preliminary Objections, 3/19/24.

Appellant argued that a statutory eviction proceeding was the exclusive

remedy available to manufactured home community owners seeking to eject

a tenant. See id. at 3-4 (our pagination). The trial court sustained Appellant’s

objection as to the eviction count, noting the lack of proper notice to quit.

See Order, 5/29/24. The court, however, overruled Appellant’s objections as

to the ejectment count. See id. Appellant then filed an answer.

The case proceeded to a non-jury trial wherein the trial court found in

favor of Appellee on the claim for ejectment. The court granted Appellee

possession of Lot 24 and awarded damages of $3,675.00, plus costs. This

timely appeal followed. Appellant raises a sole issue for our review:

Whether the trial court lacked subject matter jurisdiction over Appellee’s ejectment claim when Appellee had no clear right of possession of the leased premises, a lot in a manufactured home community, due to Appellee’s failure to first terminate the lot lease in accordance with the prerequisites of Section 398.3 of the Manufactured Home Community Rights Act[.]

Appellant’s Brief, at 2.

-3- J-A19021-25

Our standard of review on questions of law is de novo and our scope of

review is plenary. Almusa v. State Bd. of Med., 332 A.3d 791, 799 (Pa.

2025). The question before us is whether MHCRA applies to ejectment

actions, and, if so, whether Appellee complied with the Act to eject Appellant.3

Both ejectment and eviction involve the recovery or repossession of real

property. “Ejectment is an action filed by a plaintiff who does not possess the

land but has the right to possess it, against a defendant who has actual

possession.” Siskos v. Britz, 790 A.2d 1000, 1006 (Pa. 2002) (citation

omitted). Ejectment is “a possessory action only, and can succeed only if

the plaintiff is out of possession, and if he has a present right to immediate

possession.” Id. (citing Brennan v. Shore Bros., 110 A.2d 401, 402 (Pa.

1955)) (emphasis added). Conversely, “[a]n eviction is an act by a landlord

or a third person that interferes with a tenant’s possessory right to the

demised premises.” Kuriger v. Cramer, 498 A.2d 1331, 1338 (Pa. Super.

1985) (emphasis added).

____________________________________________

3 Although the trial court and parties have couched this issue as one of subject

matter jurisdiction, it is clear that the court has jurisdiction to hear cases under both the Landlord and Tenant Act, 68 P.S. §§ 250.101 et. seq., and the MHCRA. See, e.g. Domus, Inc. v. Signature Bldg. Sys. of PA, LLC, 252 A.3d 628, 636 (Pa. 2021) (except as otherwise provided by law, our constitution confers unlimited original jurisdictional of all actions on the courts of common pleas). “Where the language of a statute makes no reference to a decrease in the court’s subject matter jurisdiction, such a diminution cannot simply be inferred.” Id. at 637.

Neither the Landlord and Tenant Act nor the MHCRA reference jurisdiction; therefore, the courts of common pleas have original jurisdiction over all actions brought under the Acts.

-4- J-A19021-25

Historically, the applicability of the MHCRA4 depended on whether the

action was one of eviction or ejectment. See, e.g. Cole v. Czegan, 722 A.2d

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Related

Cole v. Czegan
722 A.2d 686 (Superior Court of Pennsylvania, 1998)
Kuriger v. Cramer
498 A.2d 1331 (Supreme Court of Pennsylvania, 1985)
Brennan v. Shore Brothers, Inc.
110 A.2d 401 (Supreme Court of Pennsylvania, 1955)
Siskos v. Britz
790 A.2d 1000 (Supreme Court of Pennsylvania, 2002)
Lincoln Warehouses, Inc. v. Crompton
657 A.2d 994 (Superior Court of Pennsylvania, 1995)
Milby, L. v. Pote, C. v. Southern Christrian
189 A.3d 1065 (Superior Court of Pennsylvania, 2018)

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