Eastcoast Woodacres LLC v. Marieno, C.A. No. JP13-19-012094

CourtCourt of Justice of Peace Court of Delaware
Writing for the CourtSean McCormick Deputy Chief Magistrate
PartiesEASTCOAST WOODACRES LLC Plaintiff Below, Appellee v. DONNA MARIENO SHANELL MARIENO MARIA SILVA Defendant Below, Appellant
Docket NumberC.A. No. JP13-19-012094
Decision Date06 April 2020

EASTCOAST WOODACRES LLC Plaintiff Below, Appellee
v.
DONNA MARIENO SHANELL MARIENO MARIA SILVA Defendant Below, Appellant

C.A. No. JP13-19-012094

JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY COURT NO. 13

Submitted: February 21, 2020
April 6, 2020


TRIAL DE NOVO

APPEARANCES:
Plaintiff/Appellee Eastcoast Woodacres LLC appeared through Form 50 Agent Lori Samuels
Defendant/Appellant Donna Marieno appeared pro se
Defendant/Movant Shanell Marieno appeared pro se
Defendant Maria Silva failed to appear

THE PANEL:
Sean McCormick Deputy Chief Magistrate
Thomas Brown, Justice of the Peace
Susan Ufberg, Justice of the Peace

Page 2

ORDER ON TRIAL DE NOVO

PROCEDURAL HISTORY

In the above-captioned matter, Plaintiff Eastcoast Woodacres LLC brought a summary possession action against Defendants Donna Marieno, Shanell Marieno and Maria Silva based upon a claim of Defendants' failure to pay rent pursuant to 25 Del. C. §5502. The Court below conducted a trial on January 14, 2020. At the time of trial, Plaintiff appeared as well as Defendant Donna Marieno. Defendants Shanell Marieno and Maria Silva failed to appear.

On January 21, 2020, the Court below entered an Order finding in favor of Plaintiff for possession, as well as rent due and owing. Defendant Donna Marieno appealed the decision to a three-judge panel.

Defendants Shanell Marieno and Maria Silva did not appear for the original court hearing, thus default judgments were entered against them. Defendant Shanell Marieno filed a Motion to Vacate the Default on January 30, 3020.

On February 21, 2020, a three-judge panel consisting of Deputy Chief Magistrate Sean McCormick, Justice of the Peace Thomas Brown, and Justice of the Peace Susan Ufberg ("the Panel") was convened to hear the trial de novo in the above-captioned matter. Plaintiff was represented by Form 50 Agent Lori Samuels. Defendants Donna Marieno and Shanell Marieno appeared pro se. Defendant Maria Silva did not appear.

Plaintiff seeks a judgment against Defendants of $942.32 consisting of rent, late fees, and a trash fee as well as per diem rent of $63.39 per day. Plaintiff also seeks Possession of the unit.

PRELIMINARY LEGAL MATTER

The Court shall now consolidate both the Appeal and the Motion filed to serve the interest of Judicial economy. Judicial economy refers to efficiency in the operation of the courts and the judicial system. It is the efficient management of litigation so as to minimize duplication of effort. It also avoids wasting the judiciary's time and resources. For example, a court may consolidate two cases for trial to save the court and parties from having two trials.

Page 3

In the matter presently before the panel, both the Appeal and the Motion involve the same set of facts, the same parties and same issues in dispute. Rather than further delay the d final resolution of the matters in controversy and to avoid further prejudice to the litigants, the Court shall consider all issues involved in one proceeding.

Factual Findings

Defendants rented a residential unit located at 907-01 Cedartree Lane, in Claymont, Delaware pursuant to a written lease agreement commencing in 2018 at an initial rate of at a rate of $1210 per month. Defendants were also responsible for a trash collection fee of $5.00 per month. The initial rent was increased to its current level of $1266.00 in June 2019. Throughout the course...

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