Midway Terrace, Inc. v. Foley

635 A.2d 191, 430 Pa. Super. 562, 1993 Pa. Super. LEXIS 4048
CourtSuperior Court of Pennsylvania
DecidedDecember 16, 1993
StatusPublished

This text of 635 A.2d 191 (Midway Terrace, Inc. v. Foley) 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
Midway Terrace, Inc. v. Foley, 635 A.2d 191, 430 Pa. Super. 562, 1993 Pa. Super. LEXIS 4048 (Pa. Ct. App. 1993).

Opinion

ROWLEY, President Judge:

Cliff and Cheryl Foley appeal from the final decree granting appellee Midway Terrace, Inc., possession of Lot 19 in Midway Terrace Mobile Home Park and finding appellants liable for rent and late charges in the amount of $8,562.00. Appellants raise the following issues in this appeal: (1) whether the trial court erred in failing to find that appellee violated section 398.4 of the Mobile Home Park Rights Act (“the Act”), 68 P.S. § 398.1 et seq., by charging appellants full rent for a lot space which is approximately one-half the size of other lots in the park; (2) whether the trial court erred in failing to find that appellants were only required to pay one-half the rent claimed by appellee after accepting appellee’s “counter-offer” in that regard; and (3) whether the trial court lacked subject matter jurisdiction over this action where appellee failed to give proper notice, as required by the Act, before commencing eviction proceedings. After reviewing the record and considering the parties’ arguments, we affirm the final decree.

On January 5, 1990, appellee filed a complaint against appellants with a district justice of the peace seeking judgment for possession and rent due. The district justice found in favor of appellants, and appellee filed an appeal in the Court of Common Pleas. After a bench trial, the trial court issued a decree nisi granting appellee possession of Lot 19 in its mobile home park and directing appellants to pay the rent due and late charges. On January 27, 1993, the trial court denied appellants’ post-trial motions and entered a final decree. Appellants then filed this timely appeal.

We adopt the following findings of the trial court as they are supported by the record:

1. The Plaintiff, Midway Terrace, Inc., operates a Mobile Home Park known as Midway Terrace Mobile Homes Park, in New Sewickley Township, Beaver County, Pennsylvania.
2. The Park consists of 24 lots with roads, water treatment facilities, water distribution facilities, sewage disposal and electric utility distribution system and facilities.
3. The Park was never formally laid out and the size of the lots therein vary.
4. The Defendants, Cliff Foley and Cheryl Foley, have had possession of Lot 19 in Midway Terrace Mobile Home Park since 1986 pursuant to the lease.
5. The Defendants have occupied a mobile home on Lot 19 since 1986. The title certificate of the mobile home is in the names of the mother and step-father of the Defendant, Cheryl Foley.
6. At the time the Defendants were married, they could not purchase the mobile home with installment payments because they had no credit history.
7. The down payment on the Defendants’ mobile home was made by the mother and step-father as a wedding gift. The Defendants have an oral arrangement with the mother and step-father under which the Defendants make monthly payments to them in the amount of the loan payments the mother and step-father contracted for. When all payments have been made, the title certificate to the mobile home is to be transferred to the Defendants.
8. The Plaintiffs Vice President and Manager of the Mobile Home Park, Emil Vild, prepared a written lease for Lot 19 which the Defendants signed on January 4, 1988. (Plaintiffs Exhibit 1).
9. The lease was for a term of one year ending December 31, 1988 for $1,560.00 payable in monthly installments of $130.00 and contained a provision converting the terms to month to month at the expiration of the initial term, reserving to the Plaintiff the right to increase the rent upon thirty (30) days advance notice.
10. At the time the lease was negotiated, there was no discussion between the parties as to the size of Lot 19 and the writing does not describe Lot 19 in any manner other than lot number.
11. Sometime in June 1988, a dispute occurred between the Defendants and the tenants occupying adjoining Lot 23 as to the location of the boundary line between the two lots.
12. The Park Manager, Emil Vild, resolved the dispute by placing a stone marker to establish the boundary line. As a result of Mr. Vild’s action, the size of Lot [193]*19319,as it had been used by the Defendants before the dispute, was reduced. The size of Lot 19 has been approximately one-half the size of other lots in the park since that time.
IB. Following the establishment of the boundary line, Mr. Vild unilaterally reduced the monthly rent on Lots 19 and 23 to one-half. He sent a notice to the Defendants (Defendants’ Exhibit A) that, effective July 1, 1988, their monthly payment would be $64.50, including charges for refuse removal, water monitor and discount.
14. By written notice, the Defendants were advised by Mr. Vild that future rent would be determined by ‘home count’ and not lot size. The notice indicated that, effective September 1, 1989, the Defendants’ rent would be the same as other home owners in the park — $144.00, including refuse charge. The notice as [sic] mailed by Certified Mail and the Return Receipt was signed by the Defendant, Cheryl Foley, and delivered on July 29, 1989.
15. The Defendants paid $67.00 in early September 1989 to the Plaintiff.
16. By written notice dated September 15. 1989, (Plaintiffs Exhibit 13), Mr. Vild advised the Defendants they failed to pay rent or related charges for the month of September in the amount of $67.00 and they would be evicted if the sum was not paid within thirty (30) days.[1] The notice was mailed by Certified Mail and the Return Receipt was signed by the Defendant, Cheryl Foley and delivered on September 16. 1989.
17. Following receipt of that notice, the Defendants made an additional payment to the Plaintiff in September in the amount of $67.00.
18. The Defendants paid no rent in October 1989 because they had paid $67.00 twice in September, contending the Plaintiff could not charge the same rent as a full lot when their lot was about one-half size.
19. Commencing November 1989 and each month thereafter down to the present time, the Defendants’ monthly rental payments have been one-half of that charged by the Plaintiff to all other mobile home owners leasing lots in the Park.
20. On December 6,1989, Mr. Vild mailed written notice to the Defendants by Certified Mail, Return Receipt Requested, postage prepaid, that they had not paid rent or related charges for the month of November 1989 in the amount of $154.00 and would be evicted if that sum was not paid within thirty (30) days. (Plaintiffs Exhibit 4).
21. Plaintiffs Exhibit 4 was returned January 5, 1990 by the Postal Service undelivered after notices to the Defendants on December 6, December 11 and December 21, 1989 and January 4, 1990.
22. On January 4,1990, Mr. Vild mailed a written second notice to the Defendants by Certified Mail, Return Receipt Requested, of non-payment of rent and that eviction proceedings were being commenced against them immediately. The notice was delivered to the Defendants on January 5, 1990.
23.

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Cite This Page — Counsel Stack

Bluebook (online)
635 A.2d 191, 430 Pa. Super. 562, 1993 Pa. Super. LEXIS 4048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/midway-terrace-inc-v-foley-pasuperct-1993.