Opinion
C.A. 04L-02-028-ESB.
November 21, 2006.
Thomas D.H. Barnett, Esquire, Neil F. Dignon, Esquire, Draper Goldberg, Georgetown, DE.
Paul G. Enterline, Esquire, Paul G. Enterline, Attorney at Law, Georgetown, DE.
Melvin E. Soll, Esquire, Law Offices of Melvin E. Soll, Dover, DE.
Larry W. Fifer, Esquire, Larry W. Fifer, Attorney at Law, Lewes, DE.
Dear Counsel:
I have denied Irene F. Asper's Motion for Reargument. I am satisfied that, in making my rulings after the trial, I did not overlook controlling legal precedent or legal principles or misapprehend the law or facts in such a manner that would have changed the outcome of my rulings. I have enclosed the final Order that both documents my oral rulings on each of the parties' claims and includes the amount of the judgment in favor of Mortgage Electronic Registrations Systems, Inc. and against Mary Beth Levering.
Beatty v. Smedley, 2003 WL 23353491 (Del.Super.).
IT IS SO ORDERED.
ORDER
IT IS HEREBY ORDERED, this 21st day of November, 2006, that:(1) Judgment is entered in favor of Irene F. Asper ("Asper") and against Mary Beth Levering ("Levering") in the amount of $10,803.02, together with pre- and post-judgment interest thereon at the applicable rate.
(2) Asper's allegations of undue influence against Levering are denied.
(3) Asper's "ejectment" claim to regain title to, and possession of, that property known as 301 South Main Street, Dagsboro, Delaware (the "Property") from Levering, the owner of the Property, free and clear of the mortgage (the "Mortgage") thereon held by Mortgage Electronic Registration Systems, Inc. ("MERS") is denied.
(4) The lease between Levering, as landlord, and Asper, as tenant, covers that portion of the Property outlined in bold print on Exhibit "A" attached hereto.
(5) Asper may not sublet her leased portion of the Property.
(6) Asper may allow another adult to occupy her leased portion of the Property for residential purposes only.
(7) Asper may not use or sublet the "flower shop" area of the Property.
(8) Levering's obligation to pay Asper $270.00 per month is a covenant that "runs with the land" and binds Levering and her successors and assigns, including MERS.
(9) Levering is responsible to provide and pay for one-half of the fuel for Asper's portion of the Property under the lease.
(10) Asper does not have an equitable lien on the Property for monies owed to her by Levering.
(11) The lease between Asper and Levering is subject to MERS' Mortgage.
(12) Judgment is entered in favor or MERS and against Levering in the amount of $388,458.02, together with interest thereon at the applicable rate, and the costs of this action, all to be levied out of the Property. The breakdown of this amount is set forth on Exhibit "B" attached hereto.
(13) Levering's claims against Asper are denied.