No. 144 April Term 1979, No. 652 April Term 1979 Appeals from the Orders of the Court of Common Pleas of Erie County, at Nos. 2177-A-1978, Ex No. 334-1978 and 4482-A-1978, Civil Division - Law.
Burton L. Fish, Erie, for appellants.
Christine Hall McClure, Erie, for Marine Bank, appellee.
Stephen A. Tetuan, Erie, for Gregg Gardiner, appellee.
Spaeth, Hoffman and Van der Voort, JJ.
[ 279 Pa. Super. Page 132]
Appellants, Robert and Christine Huhta, have filed two appeals. Both appeals arise out of the Sheriff's sale of appellants' home at 12050 Skyview Drive in Edinboro, Erie County. The appeals have been consolidated, and will be decided by this opinion.
On November 17, 1978, the sheriff sold the Huhtas' home to Gregg C. Gardiner pursuant to Marine Bank's execution on a judgment against the Huhtas. On November 27, the
[ 279 Pa. Super. Page 133]
Huhtas filed a petition to set aside the sheriff's sale. A hearing was held on December 18, and on January 16, 1979, the lower court entered an order denying the petition. The Huhtas filed an appeal from that order on February 14, 1979. The appeal was listed as No. 144 April Term 1979.*fn1
The Huhtas refused to surrender possession of the property, and on January 19, 1979, Gardiner filed an action in ejectment against them. On June 27, 1979, the lower court entered an order directing their ejectment, and the Huhtas filed an appeal from that order on July 19. The appeal was listed as No. 652 April Term 1979.
The major issues are those raised in Appeal No. 144, which concerns whether the sheriff's sale should have been set aside. If it should have been, then the Huhtas argue, in Appeal No. 652, that the order entered in Gardiner's action in ejectment was improper. If it is determined, however, that the sale should not have been set aside, then the Huhtas make no claim concerning the propriety of the order in Gardiner's action in ejectment.
It is settled that a petition to set aside a sheriff's sale is addressed to the sound discretion of the lower court and that the court's decision will not be reversed on appeal unless there is a clear abuse of that discretion. Fidelity Bank v. Pierson, 437 Pa. 541, 264 A.2d 682 (1970); Philadelphia National Bank v. New Ideas Enterprises, Inc., 424 Pa. 284, 227 A.2d 873 (1967); Capozzi v. Antonoplos, 414 Pa. 565, 201 A.2d 420 (1964). In arguing that the lower court abused its discretion, the Huhtas maintain that the sale ...