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MALVERN COURTS v. ROBERT STEPHENS AND DORIS STEPHENS (01/18/80)

filed: January 18, 1980.

MALVERN COURTS, INC.
v.
ROBERT STEPHENS AND DORIS STEPHENS, HIS WIFE, APPELLANTS



No. 79 October Term, 1979, Appeal from the Judgment of the Court of Common Pleas of Chester County, Pennsylvania, Civil Action-Law, Entered November 15, 1978 at No. 191 June Term, 1977.

COUNSEL

Dante W. Renzulli, Jr., West Chester, for appellants.

Ronald C. Nagle, West Chester, for appellee.

Price, Dowling and Gates, JJ.*fn*

Author: Gates

[ 275 Pa. Super. Page 520]

On June 1, 1977, appellee Malvern Courts, Inc., filed a complaint in assumpsit for possession of real property in order to evict appellants Doris and Robert Stephens, residents of appellee's mobile home park. The judge sitting without a jury entered judgment in favor of appellee and the appellants appealed to this court. For the reasons stated herein, we reverse the judgment entered by the court below.

Two questions of first impression are presented to us for decision. Appellants contend that no eviction proceeding may be commenced because appellee did not notify them of the violations of the mobile home park rules by certified and registered mail as required by the Mobile Home Park Rights Act;*fn1 and, secondly, even assuming proper notice, the evidence presented showed that the rules they are accused of violating are not enforced with respect to other mobile home residents.

At trial, Joan and Roger Buettner the owners and operators of Malvern Courts, Inc., testified that the parties entered into a month-to-month oral lease agreement on June 1, 1971. On many occasions from approximately June 2, 1976 to the commencement of this action, the Buettners notified appellants orally and by letters of various violations of the park rules.

On July 2, 1976, the Buettners sent a notice by regular mail to appellants giving them thirty (30) days, ". . . in which time to clean up your lot to our satisfaction . . . ." On January 21, 1977, the Buettners sent a letter by regular mail and enclosed a copy of the park rules with the specific violations underlined. On February 23, 1977, the Buettners

[ 275 Pa. Super. Page 521]

    mailed a third letter to appellants by regular mail, referring to the letter dated January 21, 1977, which advised appellants they could not park their truck in the park and giving them notice to vacate in sixty (60) days. On March 25, 1977, the Buettners sent a certified letter which stated in part:

"In accordance with our February 23, 1977 letter to you, please be advised that you will be expected to vacate the lot at D-18 Malvern Courts by April 30, 1977."

The final notice dated May 1, 1977 and sent by regular mail granted appellants an extension of thirty (30) days to ...


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