Wofford v. Vavreck

22 Pa. D. & C.3d 444 (1981)

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Wofford v. Vavreck

Pennsylvania Court of Common Pleas, Crawford County
22 Pa. D. & C.3d 444 (1981)

Facts

The Woffords (plaintiffs) rented a mobile home in a mobile home community owned by Cripe (defendant) and managed by Vavreck (defendant) (collectively Defendants). The written lease agreement between the Woffords and Defendants included a clause that allowed Defendants to take immediate possession of the mobile home, without providing notice to the Woffords, in the event that rent was not paid timely. After the Woffords failed to pay rent for an extended period of time, the Defendants served the Woffords with a document titled “Three Day Notice of Nonpayment of Rent.” The document indicated that the Woffords owed over $600 in back rent and late charges, demanded immediate payment in full, and their failure to do so would result in Defendants repossessing the mobile home. The Woffords failed to pay as demanded. The Defendants placed a padlock on the door of the Woffords’ residence and stopped all water and electric service. The Woffords filed suit against Defendants seeking a preliminary injunction that would restore possession of their mobile home and seeking additional relief. The trial court granted the Woffords’ request for a preliminary injunction. Defendants appealed.

Rule of Law

Issue

Holding and Reasoning (Thomas, J.)

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