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HOUSEHOLD CONSUMER DISCOUNT COMPANY v. EXTENDED CARE CENTER (04/30/82)

filed: April 30, 1982.

HOUSEHOLD CONSUMER DISCOUNT COMPANY, APPELLANT,
v.
EXTENDED CARE CENTER, INC.



No. 319 Pittsburgh, 1981, Appeal from the Order of the Court of Common Pleas, Civil Division, Erie County, No. 7858-A 1980.

COUNSEL

Stephen H. Hutzelman, Erie, for appellant.

J. Gregory Moore, Erie, for appellee.

Wieand, Johnson and Montemuro, JJ.

Author: Montemuro

[ 299 Pa. Super. Page 75]

The city treasurer of Erie, Pennsylvania sold the property in dispute in this case on June 7, 1976 for a tax lien which had attached on January 1, 1972. Appellee, purchaser of the property, received a City Treasurer's Deed, No. 1-399, conveying the property to it for the sum of $2,600.00 in delinquent taxes.

On May 4, 1972, approximately four months after the lien had attached, appellant recorded a mortgage executed in its favor on the same property.

Appellant filed a complaint for declaratory judgment praying the court to enter an order declaring its mortgage to be valid. Appellee filed an answer and new matter requesting dismissal of that complaint and a declaratory judgment that the deed received was free and clear of the lien of the subsequently filed mortgage lien. Appellant

[ 299 Pa. Super. Page 76]

    demurred to the new matter, claiming that the city treasurers tax sale could not divest its mortgage on the property. The demurrer was denied by the lower court, which also granted appellee's motion for summary judgment.

This appeal was taken by appellant from the order of the lower court denying the demurrer.

Erie is a city of the third class, and the property in question was sold pursuant to the provisions of 53 P.S. § 37541, the Act of June 23, 1931, P.L. 932, Art. XXV, § 2575, renumbered § 2541 and amended by the Act of June 28, 1951, P.L. 662 § 25.2 appearing under the ...


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