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CONCORD-LIBERTY SAVINGS AND LOAN ASSOCIATION ET AL. v. NTC PROPERTIES (11/26/73)

decided: November 26, 1973.

CONCORD-LIBERTY SAVINGS AND LOAN ASSOCIATION ET AL.
v.
NTC PROPERTIES, INC. GENERAL ELECTRIC COMPANY APPEAL



Appeal from decree of Court of Common Pleas of Butler County, No. 2165 of 1971, in case of Concord-Liberty Savings and Loan Association; Fidelity Savings and Loan Association: First State Savings and Loan Association; Security First Federal Savings and Loan Association; Beaver County Federal Savings and Loan Association: Beaver Falls Savings and Loan Association: Freedom Federal Savings and Loan Association v. NTC Properties, Inc.; Appeal of General Electric Company.

COUNSEL

Saul J. Bernstein, with him Alexander H. Lindsay, Bernstein and Campbell, and Lindsay, McGinnis, McCandless & McCabe, for appellant.

Norman D. Jaffe, with him Frank R. Bolte, Charles J. Jacques, Galbreath, Braham, Gregg, Kirkpatrick, Jaffe, Montgomery, and Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, and Jacques & Jacques, for appellee.

Jones, C. J., Eagen, O'Brien, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice O'Brien. Mr. Justice Roberts took no part in the consideration or decision of this case.

Author: O'brien

[ 454 Pa. Page 473]

This appeal arises from denial by the Butler County Court of Common Pleas of appellant General Electric Company's petition to set aside a sheriff's execution sale, or in lieu thereof, that the sheriff be required to file an amended schedule of distribution, nunc pro tunc.

[ 454 Pa. Page 474]

On August 26, 1971, Concord-Liberty Savings and Loan Association (Concord), one of the appellees, filed a complaint in mortgage foreclosure against NTC Properties, Inc. (NTC) on property known as the Townhouse Apartments, located in Butler County, in the amount of $1,532,960.15. On September 16, 1971, Concord entered a default judgment against NTC and praeciped for a writ of execution. On October 15, 1971, a public sale of the property was held and Concord bought the property for a nominal bid of $50.

On November 22, 1971, the sheriff delivered a deed for the property to Manetto Homes, Inc. (Manetto), the nominee of Concord, which had agreed to assume the debt of NTC to Concord.

On December 8, 1971, appellant, General Electric, filed a mechanics' lien claim against NTC and Manetto. On December 28, 1971, General Electric filed a complaint in mechanics' lien, alleging, inter alia, that its lien dated back because its work commenced in July of 1970.

Manetto filed preliminary objections to the mechanics' lien complaint. These objections were sustained by the court below on January 25, 1973.*fn1 No appeal was taken from that order.

On January 18, 1972, General Electric filed a petition for rule to show cause why the sheriff's sale should not be set aside and/or schedule of distribution be amended, nunc pro tunc. Concord and Manetto filed a motion to dismiss the petition to set aside the sheriff's sale, alleging, inter alia, that the petition was not timely filed. The motion for dismissal was set down for oral ...


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