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FIRST NATIONAL BANK LANCASTER COUNTY v. KENNETH L. BREWER (04/30/82)

filed: April 30, 1982.

THE FIRST NATIONAL BANK OF LANCASTER COUNTY, FORMERLY KNOWN AS THE FIRST NATIONAL BANK OF STRASBURG, APPELLANT,
v.
KENNETH L. BREWER, SR. AND MARIE E. BREWER, HUSBAND AND WIFE. THE FIRST NATIONAL BANK OF LANCASTER COUNTY, FORMERLY KNOWN AS THE FIRST NATIONAL BANK OF STRASBURG V. KENNETH L. BREWER, SR. AND MARIE E. BREWER, HUSBAND AND WIFE. APPEAL OF HOWARD W. SEIPLE, TRADING AS GEORGE SEIPLE & SON



No. 315 PHILADELPHIA, 1981, No. 316 PHILADELPHIA, 1981, Appeal from an Order of the Court of Common Pleas, Civil Division, of Northampton County, No. 192 May Term, 1978.

COUNSEL

Mark S. Sigmon, Bethlehem, for appellant (at No. 315).

Thomas L. Walters, Easton, for appellant, (at No. 316) and for participating party (at No. 315).

Elwood M. Malos, Easton, for appellee (at No. 316).

Hester, Cavanaugh and Disalle, JJ. Disalle, J., did not participate in the consideration or decision of this case.

Author: Hester

[ 301 Pa. Super. Page 105]

This appeal concerns the Sheriff's Schedule of Distribution of the proceeds from the sale of real estate formerly owned by Kenneth L. Brewer, Sr. and Marie E. Brewer, his wife. Exceptions to the Schedule of Distribution were filed by appellant First National Bank of Lancaster County (Bank of Lancaster) and appellant Howard W. Seiple, trading as George V. Seiple & Son, pursuant to Pa.R.C.P. 3136, 42 Pa.C.S.A. Following discovery, the Court of Common Pleas of Northampton County denied and dismissed the exceptions and affirmed the Sheriff's Schedule of Distribution, on January 12, 1981. The appeals of the Bank of Lancaster and Seiple have been consolidated for our disposition.

[ 301 Pa. Super. Page 106]

The Brewers had the following judgments entered against them in Northampton County:

1. Judgment in favor of Howard W. Seiple, filed July 31, 1969, at No. 737, May Term, 1969, and revived on June 26th, 1974, at No. 286 May Term, 1974.

2. Judgment in favor of Howard W. Seiple, filed September 28th, 1972, at No. 245 August Term, 1972 and revived July 29th, 1977, at No. 891 May Term, 1977.

3. Judgment in favor of Howard W. Seiple, filed September 28th, 1972, at No. 246 August Term, 1972, and revived July 29th, 1977, at No. 890 May Term, 1977.

4. Judgment in favor of The First National Bank of Lancaster County, filed June 11th, 1973, at No. 110 May Term, 1973.

5. Judgment in favor of Howard W. Seiple, filed June 26th, 1974, at No. 287 May Term, 1974.

6. Judgment in favor of First Valley Bank filed April 28th, 1976, at No. ...


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