Appeals, Nos. 18 and 36, Oct. T., 1960, from decree of Court of Common Pleas No. 4 of Philadelphia County, June T., 1957, No. 10,293, in case of Home Unity Savings and Loan Association, to the use of Jacob M. Kallish v. Victor Balmos et al. Decree affirmed; reargument refused July 18, 1960.
David H. Kubert, for use plaintiff, appellant.
Thomas S. Howland, with him Howland and Hess, for intervening appellee.
Before Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ. (rhodes, P.j., absent).
[ 192 Pa. Super. Page 543]
This appeal is from the Decree of the Court of Common Pleas No. 4 of Philadelphia County directing distribution of the proceeds of a sheriff's sale of real estate. The matter came before the lower court as a case stated.
On or about October 27, 1950, Victor Balmos and his wife were the owners of a certain dwelling known as 204 Dupont Street, and Victor Balmos was the owner of a dwelling known as 5529 Devon Street in Philadelphia. Both were subject to a blanket mortgage to Home Unity Savings and Loan Association, dated December 23, 1948.
On October 27, 1950, George Wadenpfuhl obtained a judgment against Victor Balmos in the Municipal Court of Philadelphia in the sum of $1,050.48.
On June 5, 1957, George Wadenpfuhl caused a writ to issue whereby the premises known as 5529 Devon Street was subject to a judicial sale and the premises were sold to the attorney on the writ subject to the
[ 192 Pa. Super. Page 544]
mortgage of the Home Unity Savings and Loan Association. A sheriff's deed was made to George Wadenpfuhl, Inc.
On September 3, 1957, a judgment was entered on the bond accompanying the mortgage covering premises 5529 Devon Street and 204 Dupont Street, and damages upon the said judgment were assessed in the amount of $2000.34. On September 13, 1957, at the sheriff's sale the premises were sold to Albert G. Newton, Attorney, for $4700.00. This sale price covered both premises, 5529 Devon Street, and 204 Dupont Street, covered by the said mortgage.
On December 2, 1957, George Wadenpfuhl, Inc., filed a Petition for Rule To Show Cause to set aside the sheriff's sale of premises 5529 Devon Street, owned by George Wadenpfuhl, Inc., because of the failure of the execution plaintiff to give notice to George Wadenpfuhl, Inc., as provided by the Rules of Court.
On December 16, 1957 the lower court set aside the sheriff's sale by agreement of counsel.
On November 22, 1957, the Home Unity Savings and Loan Association assigned the bond and mortgage to Jacob Kallish, the said assignment containing a certification as to ...