Laurel Commons MHC, LLC. v. Walters, J.
CourtSuperior Court of Pennsylvania
Date FiledOctober 29, 2026
Docket225 MDA 2026
JudgeDubow
StatusUnpublished
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Full Opinion
J-S31017-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
LAUREL COMMONS MHC, LLC : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
JAMES WALTERS :
:
Appellant : No. 225 MDA 2026
Appeal from the Order Entered January 9, 2026
In the Court of Common Pleas of Berks County Civil Division at No(s):
24 13561
BEFORE: PANELLA, P.J.E., DUBOW, J., and SULLIVAN, J.
MEMORANDUM BY DUBOW, J.: FILED: OCTOBER 29, 2026
Appellant, James Walters, appeals from the January 9, 2026 judgment
entered in the Berks County Court of Common Pleas (“CCP”). He challenges
the legality of his eviction from the mobile home lot owned by Appellee, Laurel
Commons MHC, LLC. Upon review, we conclude that Appellant has waived
the sole issue raised in this appeal. We, thus, affirm the trial court’s order
granting Appellee the right to possess the mobile home lot.
Appellee owns a mobile home park located at 1025 Barberry Avenue in
Berks County. On April 15, 2020, Jorge M. Figueiredo and Appellant entered
into a month-to-month lease with Appellee for the lot on which Mr.
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Figueiredo’s mobile home sits. Appellant lived in the mobile home from May
2020 until at least November 12, 2025.1
On July 2, 2024, Appellee served written notice upon Appellant and Mr.
Figueiredo stating that it was terminating the lease for various violations and
instructing Appellant and Mr. Figueiredo to vacate the mobile home park no
later than “the lease expiration of August 1, 2024.” Trial Ct. Op, 3/25/26, at
4 (internal quotation marks and citation omitted).
Appellant did not vacate the mobile home park as instructed. Therefore,
on August 2, 2024, Appellee initiated eviction proceedings against Mr.
Figueiredo, Appellant, and Cheryl Kull, whom Appellee alleged was an
unauthorized occupant of the mobile home. The magisterial district court
entered judgment in favor of Appellee.
On August 19, 2024, Appellant appealed to the CCP.2 On August 30,
2024, Appellee filed its complaint alleging breach of contract and seeking
possession of the lot and money damages. On September 19, 2024,
Appellant, acting pro se, filed an answer and new matter. On September 27,
2024, Appellee filed an answer to the new matter. The court ultimately
scheduled a non-jury trial for November 12, 2025.
____________________________________________
1 On the day of his CCP trial, Appellant was still living in the mobile home; it
is not clear if or when he vacated it.
2 Neither Mr. Figueiredo nor Ms. Kull appealed to the CCP.
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On November 6, 2025, counsel entered an appearance on behalf of
Appellant. Counsel did not request a continuance of the trial and did not
amend any of Appellant’s pro se filings.
The trial court held a bench trial on November 12, 2025, at which
Appellee presented testimony from its property manager and Mr. Figueiredo
as well as documentary evidence supporting the above facts. On November
17, 2025, the trial court issued a decision and verdict that awarded possession
to Appellee, but declined to award Appellee monetary damages. The trial
court determined that “a termination notice was served upon [Appellant] on
July 2, 2024. [Appellant] did not vacate the Leased Premises.” Trial Ct.
Decision and Verdict, 11/17/25, at 5. For that reason, the court concluded
that Appellant was “in breach of the Lease. This breach was material and,
therefore, [Appellant] must vacate the Leased Premises.” Id. The trial court
also found that Appellee had presented no credible evidence that it suffered
any damages as a result of receiving the August 2024 payment late. Id. at
5-6.
On December 1, 2025, Appellant filed a counseled post-trial motion,
seeking the entry of judgment in his favor by arguing for the first time that
68 P.S. § 398.3, which is the eviction provision of the Manufactured Home
Community Rights Act (“MHCRA”), prevented Appellee from evicting Appellant
or terminating or failing to renew his lease. Post-Trial Mot., 12/1/25, at ¶¶
27-35. The trial court summarily denied the post-trial motion.
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Appellant timely appealed. Both Appellant and the trial court complied
with Pa.R.A.P. 1925. In its Rule 1925(a) opinion, the court opined that
Appellant waived any issue regarding the MHCRA’s applicability to his case.
Trial Ct. Op., 3/25/26, at 5-8.
In this appeal, Appellant presents the following issue for our review:
1. Did the trial court err in:
a. Entering judgment for possession in favor of the Appellee
and against the Appellant in this eviction action as eviction
was not warranted under the [MHCRA]?
b. Determining this issue was waived in the trial court?
Appellant’s Br. at 5 (suggested answers omitted).
Appellant argues that the court erred in refusing to grant his post-trial
motion seeking the entry of judgment in his favor because Appellee did not
satisfy the requirements of the MHCRA’s eviction requirements. Id. at 13-19.
He baldly contends that he was not required to raise Appellee’s failure to meet
the requirements of the MHCRA before the court rendered its verdict because
the MHCRA “is the law which authorizes the Plaintiff to evict the Appellant if
certain conditions are met” and “Appellee did not prove the facts they
pleaded which would warrant eviction.” Appellant’s Br. at 21 (emphasis
in original).
We review the denial of a post-trial motion for an abuse of discretion.
See, e.g., Hutchinson v. Penske Truck Leasing Co., 876 A.2d 978, 984
(Pa. Super. 2005) (applying abuse of discretion standard in reviewing a
challenge to the order denying judgment notwithstanding the verdict). In this
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context, an “[a]buse of discretion occurs if the trial court renders a judgment
that is manifestly unreasonable, arbitrary or capricious; that fails to apply the
law; or that is motivated by partiality, prejudice, bias or ill-will.” Id.
Pa.R.Civ.P. 227.1(b)(1) “provides in relevant part that a ground may
not serve as the basis for post-trial relief . . . unless it was raised in pre-trial
proceedings or at trial.” Straub v. Cherne Indus., 880 A.2d 561, 566 (Pa.
2005). “Raising an objection in pre-trial proceedings or at trial provides the
trial court with the opportunity to correct any errors.” Id. Accordingly, we
have repeatedly determined that appellants waived issues on appeal by
asserting those issues for the first time in post-trial motions. See Brown v.
Halpern, 202 A.3d 687, 697-98 (Pa. Super. 2019); E.S. Mgmt. v. Gao, 176
A.3d 859, 864-65 (Pa. Super. 2017); Keffer v. Bob Nolan’s Auto Serv.,
Inc., 59 A.3d 621, 630 (Pa. Super. 2012).
Here, the trial court opined, inter alia, that Appellant’s argument based
on the MHCRA was waived because he asserted it for the first time in his post-
trial motion. Trial Ct. Op. at 6-8. The trial court observed that Appellant did
not mention the MHCRA in his answer, his proposed findings of fact and
conclusions of law, or at trial.
We agree with the trial court that Appellant waived his argument that
the trial court erred in not applying the eviction provisions in the MHCRA.
Appellant’s brief has not identified any portion of the certified trial record
where he preserved any issues regarding the MHCRA’s applicability to the
instant action. See Pa.R.A.P. 2119(e) (requiring an appellant to specify where
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in the record he preserved an issue raised on appeal). After our thorough
review of the pleadings and the trial transcript, we are unable to find any
reference that Appellant made to the MHCRA except for the first time in his
post-trial motion.
Accordingly, the court did not abuse its discretion or err as a matter of
law in denying Appellant’s post-trial motion. We, thus, affirm the judgment
entered in Appellee’s favor.
Judgment affirmed.
Judgment Entered.
Benjamin D. Kohler, Esq.
Prothonotary
Date: 10/29/2026
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