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MOBIL OIL CORPORATION v. NORTHWESTERN AGENCY (05/30/80)

decided: May 30, 1980.

MOBIL OIL CORPORATION
v.
NORTHWESTERN AGENCY, INC., AND KENNY ROSS CHEVROLET, INC. APPEAL OF O. J. E. REALTY



No. 83 March Term, 1979, Appeal from Order of Superior Court at No. 477 April Term, 1978, Affirming Order of Court of Common Pleas, Civil of Allegheny County, at No. 303 January Term, 1975

COUNSEL

Francis J. Carey, Balzarini, Walsh & Maurizi, Pittsburgh, for appellant.

Stephen Israel, Pittsburgh, for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. Larsen, J., files a dissenting opinion.

Author: Per Curiam

[ 490 Pa. Page 69]

OPINION OF THE COURT

Appeal dismissed as improvidently granted.

LARSEN, Justice, dissenting.

I dissent. Appellant, O. J. E. Realty, owns a parcel of real estate at 1013-1015 Western Avenue in Pittsburgh's North Side. The Northwestern Agency, Inc., was the owner of adjacent property at 1009-1011 Western Avenue.

Northwestern became indebted to the Mobil Oil Company sometime in 1974-75. Eventually, this indebtedness led to a sheriff's sale of the property at 1009-1011 Western Avenue on January 5, 1975. The purchaser was appellee, James Pivirotto.*fn1 Prior to that date, the impending sheriff's sale was advertised and the property posted, as required by Pa.R.Civ.Pro. 3129.

Rule 3129 provides, in relevant part:

"(a) Notice of the sale of real property shall be given by the sheriff by handbills posted in the sheriff's office and upon the property at least ten (10) days prior to sale, briefly describing the property to be sold, its location, the improvements, if any, the judgment of the court on which sale is being held, the name of the owner or reputed owner the time and place of sale.

"(b) Notice as provided in Subdivision (a) shall also be given by publication by the sheriff once a week for three (3) successive weeks in a newspaper of general circulation in the county and in the legal publication, if any, designated by rule of court for publication of notices, the first ...


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