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KELSEY-BARBER CORPORATION v. JEFFREY T. CAMPBELL (03/12/82)

filed: March 12, 1982.

KELSEY-BARBER CORPORATION
v.
JEFFREY T. CAMPBELL, GERALDINE CAMPBELL, CHARLES P. CURCIO, PHILOMENA M. CURCIO. APPEAL OF PHILOMENA M. CURCIO



No. 1183 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas, Civil Division, of Montgomery County, No. 71-12763.

COUNSEL

Maurino J. Rossanese, Norristown, for appellant.

Marc S. Weisberg, Philadelphia, for appellee.

Hester, Popovich and DiSalle, JJ. DiSalle, J., did not participate in the consideration or review of this case.

Author: Hester

[ 296 Pa. Super. Page 320]

Presently before the court is appellant's appeal from the order of the lower court dated April 18, 1980, dismissing her Petition to Set Aside Sheriff's Sale.

[ 296 Pa. Super. Page 321]

On December 17, 1975, the residence owned by appellant Philomena M. Curcio known as 562 Gibson Avenue,*fn1 Abington Township, Pennsylvania was sold at Sheriff's Sale to Raymond Biddle for the purchase price of $2,500.00. Said sale was also subject to a then existing mortgage in the amount of $9,500.00.

On May 14, 1976, appellant filed a Petition to Set Aside the Sheriff's Sale, alleging that she never received notice of the Sheriff's Sale until her mortgagee bank notified her of same approximately four (4) months later, when it refused to accept her monthly mortgage payment. Following a deposition, the court ordered the sale set aside from which the Sheriff's vendee, the appellee herein, appealed. The Superior Court remanded the case to the lower court on December 28, 1977 for further proceedings. See Kelsey-Barber Corporation v. Campbell, et al., 252 Pa. Super. 321, 381 A.2d 938 (1977).

Pursuant to the Superior Court's remand, an evidentiary hearing was held on February 1, 1980, at which time testimony was taken. On April 18, 1980, the lower court dismissed appellant's Petition to Set Aside the Sheriff's Sale. It is from this Order that the instant appeal has been taken.*fn2

We affirm the order of the lower court.

The issue presently before us is whether the lower court committed a manifest abuse of discretion or an error of law when it entered its April 18, 1980 Order dismissing appellant's Petition to Set Aside Sheriff's Sale. We ...


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