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ATWOOD HOME BUILDERS v. MAMIE ZANAKIS (03/19/82)

filed: March 19, 1982.

ATWOOD HOME BUILDERS, INC.,
v.
MAMIE ZANAKIS, APPEAL OF IRENE G. STRAKA



No. 347 Pittsburgh, 1980, Appeal from the Order dated March 17, 1980, Court of Common Pleas, Washington County, Civil Division at No. 120 May Term, 1978, A.D.

COUNSEL

Damon J. Faldowski, Washington, for appellant.

W. Thomas Laffey, Pittsburgh, for Atwood.

Anthony J. Seneca, Washington, for Zanakis.

Cavanaugh, Johnson and Shertz, JJ. Cavanaugh, J., concurs in the result. Shertz, J., did not participate in the consideration or review of this case.

Author: Per Curiam

[ 297 Pa. Super. Page 189]

Judge GLADDEN of the Washington County Court of Common Pleas entered an order staying, pending disposition of another case,*fn1 a Sheriff's sale of certain real estate. The stay was conditioned on the appellant depositing $12,500.00 with the Prothonotary of Washington County. Judge SWEET of the same court ordered that the stay be vacated and that the Prothonotary of Washington County pay over the funds deposited by Irene G. Straka to Atwood Home Builders Inc., [Atwood]. It is this order vacating the stay from which Irene G. Straka appeals.

This case is one of three cases, now consolidated before this court. It was filed in May 1978 by a home improvement company, Atwood, against a customer, Zanakis, as a Complaint in Assumpsit alleging breach of a contract to pay $14,000.00 for work done, pursuant to contract, to Ms. Zanakis' home. Subsequently, the action came before an Arbitrator, the outcome of which procedure was a consent judgment against Zanakis for $11,000.00.*fn2 This sum not having been paid, Atwood filed a praecipe for a default judgment in

[ 297 Pa. Super. Page 190]

    the amount of $11,000.00, which was entered on November 27, 1978. Zanakis' motion to open and strike that judgment was denied.*fn3 Zanakis' exceptions to the order were denied.*fn4 Execution on the judgment was stayed by the order of Judge GLADDEN.*fn5

Irene G. Straka, Appellant, [Straka] is the daughter of Zanakis. A few days after the work by Atwood was completed, Zanakis conveyed the real estate in question to Straka. Twelve days before the stay, Straka filed an action in Equity*fn6 against Atwood alleging that she was the legal and rightful owner of the premises, and that therefore the judgment against Zanakis could not be recovered by execution on that property.

Atwood asserts that Straka has no standing to appeal Judge SWEET's order vacating Judge GLADDEN's order granting a stay, because she was not a party to the proceedings, and had not petitioned to intervene.

Pa.R.A.P. 501 provides that an aggrieved party may appeal from an appealable order.*fn7 This has been interpreted to mean that the harm to his/her interest must be direct, immediate, substantial and pecuniary in nature. See In the Matter of Harrison Square, Inc., 263 Pa. Super.Ct. 324, 397 A.2d 1230 ...


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