Clark v. Wasmundski, C.A. No. JP17-20-002114

CourtCourt of Justice of Peace Court of Delaware
Writing for the CourtJohn C Martin, Senior Justice of the Peace
PartiesCHARLES C CLARK IV. Plaintiff Below, Appellant v. ERIC WASMUNDSKI Defendant Below, Appellee
Docket NumberC.A. No. JP17-20-002114
Decision Date04 December 2020

CHARLES C CLARK IV. Plaintiff Below, Appellant
v.
ERIC WASMUNDSKI Defendant Below, Appellee

C.A. No. JP17-20-002114

JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE, IN AND FOR SUSSEX COUNTY COURT NO. 17

Submitted: November 16, 2020
December 4, 2020


TRIAL DE NOVO

APPEARANCES:
Nicole M. Faries, Esquire, for the Plaintiff
The Defendant was self-represented.

Alan G. Davis, Chief Magistrate
Jennifer N. Sammons, Justice of the Peace
John C Martin, Senior Justice of the Peace

Martin for the Court

Page 2

ORDER ON TRIAL DE NOVO

The Court has entered a judgment or order in the following form:

On March 24, 2020 the plaintiff filed this action seeking to recover possession of a rented lot located at 28367 Nanticoke Avenue, Millsboro, Delaware for non-payment of rent and violations of the Rules and Regulations of the community known as Riverdale Park, where the lot is located. Following a series of hearings in accordance with the Court's COVID 19 protocol, on October 29, 2020 the Court below issued an Order of Dismissal Without Prejudice because it found that it did not have jurisdiction over the matter. The plaintiff filed a Motion for Reconsideration, which was denied. On November 2, 2020 the plaintiff filed a timely appeal of this judgment pursuant to 25 Delaware Code Section 5717. This is the decision of the Three Judge Panel hearing the appeal as a Trial De Novo.

HISTORY

On January 1, 2018 the parties entered into a rental agreement for the land only known as Lot #162 located in the Riverdale Park community at the street address shown above. The plaintiff was the Landlord and the defendant was the Tenant. The plaintiff testified that the home on the lot at this time had been moved there about 2016 and agreed that this home had been purchased by the defendant from its former owners. Section 2 (A) of the rental agreement stated that rent was payable on an annual basis on or before January 1 of each year. The annual rent was $3,500.00 for the first two years of the lease and may have been adjusted after that according to a formula stated in the lease.

Section 2 (C) of the agreement also stated that "All rental payments shall be made on January 1st of each and every year. Landlord may at his option terminate this Rental Agreement if the full rental amount is not paid by January 31st of each year".

The plaintiff testified that he has been the owner of this Park for forty years. When the defendant did not pay his annual rent by January 31, 2020 the plaintiff exercised his option to terminate the defendant's lease. Section 3 of the defendant's lease explained Permitted Improvements to the leased lot and Section 4 addressed the Rules and Regulations of the community. The plaintiff testified that the defendant was...

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