No. 315 Miscellaneous Docket No. 21, Application for Review of Allowance of Special Supersedeas by the Superior Court at No. 563 October Term, 1977, reversing the Court of Common Pleas-Civil Division, Delaware County at No. 75-17982.
Norman P. Zarwin, Zarwin, Baum, Arangio & Somerson, Philadelphia, for appellant.
Edward J. Carney, Jr., Peter J. Nolan, Media, for Mor, Inc.
Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Packel, JJ. Packel, J., did not participate in the decision of this case.
This petition involves the interpretation and effect of an order of this Court which reinstated a supersedeas granted by a court of common pleas which had been reversed by the Superior Court. The relevant facts, detailed below, are not in dispute.
Petitioner, Thomas E. Banghart, a tenant of respondent Sun Oil Company of Pennsylvania (Sun), leased a service station under a written lease. Upon the lease's expiration, Banghart did not vacate the premises and Sun instituted an action in ejectment. On November 24, 1976, the Court of Common Pleas of Delaware County entered an order awarding Sun possession of the premises.
Five days later, on November 29, 1976, Sun filed a Writ of Possession to obtain possession of the service station. A sheriff executed the writ and on December 1, Sun was placed in possession. On that same day, Banghart mailed a notice of appeal to the Superior Court and petitioned the court of common pleas for allowance of supersedeas. A hearing was held before the same judge who issued the November 24 order awarding possession to Sun, and on December 9, 1976, the relief requested was granted. The court's order provided in relevant part:
"The Appeal taken by the Appellant, Thomas E. Banghart, in the above-entitled matter shall operate as a supersedeas provided that a bond be entered by the Appellant in the sum of thirty thousand ($30,000.00) dollars with security to be approved by the Court."
"It is Further ORDERED and DECREED that the Writ of Possession heretofore issued in the above-captioned matter is hereby set aside provided the bond be entered as required."
Sun immediately challenged the propriety of the above order. Sun petitioned the Superior Court to grant a special supersedeas to the supersedeas granted by the court of common pleas, arguing, among other things, that appellate decisions in this Commonwealth hold that "once the Writ of Possession issues there can be no supersedeas." The Superior Court, in a ...