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PETITION JOHN M. KOSTECKY (02/07/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: February 7, 1983.

PETITION OF: JOHN M. KOSTECKY, JR., TO SET ASIDE SALE OF REAL ESTATE. JOHN M. KOSTECKY, JR., APPELLANT

Appeal from the Order of the Court of Common Pleas of Cumberland County in case of Petition of: John M. Kostecky, Jr., No. 5654 Civil, 1979.

COUNSEL

Walter W. Wilt, Hepford, Swartz, Menaker & Wilt, for appellant.

Joseph P. Alexa, for appellees.

President Judge Crumlish, Jr. and Judges Blatt and MacPhail, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

The Cumberland County Common Pleas Court, by order, denied John M. Kostecky, Jr.'s petition to set aside a sale of real estate. Kostecky appeals. We affirm.

Pursuant to the Inalienable Property provisions of the Probate, Estates and Fiduciaries Code,*fn1 Jack B. Mattern and his wife, Ernestine, petitioned the court below to approve the sale of a certain tract of land to them by the Borough of Lemoyne. Following a hearing, the court approved the transfer on January 16, 1980 and, on March 4, 1980, Lemoyne conveyed the property to the Matterns for $1,443.00. On April 3, 1980, Kostecky petitioned the common pleas court to set aside the sale alleging, inter alia, that he had not received prior notice of the court hearing and that the wrong party had petitioned for approval of the sale. On June 12, 1981, the court below affirmed the sale.

Kostecky raises the same issues on appeal. After a careful review of the record and of the law, we find Kostecky's contentions to be without merit and affirm on the able opinion of Sheely, J., below Pa. D. & C.3rd (1981).

Affirmed.

Order

The Cumberland County Common Pleas Court order No. 5654 Civil 1979, dated June 12, 1981, is hereby affirmed.

Disposition

Affirmed.


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