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UNITY SAVINGS ASSOCIATION v. AMERICAN URBAN SCIENCES FOUNDATION INC. (12/21/84)

filed: December 21, 1984.

UNITY SAVINGS ASSOCIATION, APPELLANT,
v.
AMERICAN URBAN SCIENCES FOUNDATION INC., AND AMERICAN BANK & TRUST CO. OF PA.



No. 01820 Philadelphia 1982, APPEAL FROM THE ORDER ENTERED MAY 14, 1982 IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY, CIVIL NO. 567-C OF 1980

COUNSEL

Robert J. Hoelscher, Philadelphia, for appellant.

Joseph M. Hankins, Philadelphia, for appellee.

Cavanaugh, Cirillo and Watkins, JJ.

Author: Cirillo

[ 337 Pa. Super. Page 472]

This is an appeal from an order of the Court of Common Pleas, Luzerne County, staying a sheriff's sale scheduled by appellant, the Unity Savings Association ("Unity"). The stay of execution was granted upon petition of appellee, the American Bank and Trust Company of Pennsylvania ("American"). The subject property scheduled for execution consisted of fifty-six subdivision lots in Plot "B" of the

[ 337 Pa. Super. Page 473]

Valley of Lakes Development in Black Creek Township, Luzerne County, Pennsylvania ("B" lots). Both Unity and American maintained mortgage liens on the "B" lots.

The dispute between Unity and American initially arose in October of 1979 when American, in order to foreclose its mortgage liens, filed a writ of execution on the "B" lots. After several continuances the writ was reissued and sheriff's sale scheduled for June 27, 1980. Unity, with the consent of American, was granted leave to intervene in the pending execution proceedings. With mortgage liens of its own on the "B" lots, Unity, as a party in interest, filed a petition to stay the sale scheduled by American. On July 15, 1980 following a hearing, Unity's petition for stay of execution was denied.*fn1 On August 1, 1980, American purchased the "B" lots on the writ at a continued sheriff's sale. The sheriff's deed was delivered and recorded on August 12, 1980.

Notwithstanding American's purchase at sheriff's sale, Unity issued its own writ of execution on the "B" lots. By stipulation of counsel, American intervened, and on November 26 petitioned the court for a stay of execution. The parties agreed that the sale of the "B" lots would be postponed pending the outcome of negotiations.

Protracted settlement discussions over the "B" lots continued for the next ten months. Negotiations eventually broke down.

On October 7, 1981 the hearing on American's petition to stay sheriff's sale was held before the Honorable Bernard C. Brominski. Following this hearing, Judge Brominski ordered a permanent stay of Unity's scheduled sheriff's sale. He explained that Unity could not proceed with sheriff's sale on the "B" lots since its mortgage lien on the subject ...


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