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FRANKLIN BORNMAN v. ELOISE GORDON (04/30/87)

filed: April 30, 1987.

FRANKLIN BORNMAN, HARRISBURG HOUSING AUTHORITY, APPELLEE,
v.
ELOISE GORDON, APPELLANT



Appeal from Order of the Court of Common Pleas, Civil Division, of Dauphin County, No. 320 N 1986.

COUNSEL

Geoffrey M. Biringer, Harrisburg, for appellant.

Melville G.M. Walwyn, Harrisburg, for appellee.

Wieand, Olszewski and Tamilia, JJ.

Author: Wieand

[ 363 Pa. Super. Page 609]

This is an appeal from an order refusing to set aside a sheriff's sale of personalty which had been levied upon and sold in satisfaction of a judgment for rent. Appellant, the tenant, contends that the sale should have been set aside for the following reasons: (1) the landlord misled the tenant regarding the amount necessary to dissolve the levy; (2) the price obtained at the sale was inadequate; and (3) the tenant failed to receive notice of the levy or sale. We find no merit in these contentions and, for the reasons which follow, affirm the trial court's order denying relief.

Winston Richards was the owner of premises 1819 Zarker Street, Harrisburg. The premises were leased pursuant to the Harrisburg Housing Authority's section eight housing program, with the Authority acting as agent for the owner. Eloise Gordon was the tenant of 1819 Zarker Street. When

[ 363 Pa. Super. Page 610]

    she failed to pay rent, the Housing Authority instituted eviction proceedings and obtained judgments for possession and for past due rent in the amount of $357.04. Gordon was evicted on December 2 and 3, 1985, and her furniture and personal property were inventoried and stored in facilities provided by the Housing Authority at the Jackson-Lick Apartments. On February 13, 1986, the Sheriff of Dauphin County levied upon Gordon's furniture and personal property pursuant to a writ of execution issued to enforce the judgment for rent. A copy of the writ of execution was sent to Gordon at 1819 Zarker Street, her last known address. The evidence showed that she had failed to notify the Housing Authority of a new address and had failed also to file a change of address with the Postal Service. Gordon testified that she did not receive a copy of the writ. On February 18 and 19, 1986, Gordon's property was moved to 1934 Zarker Street, a building owned by Winston Richards, because renovation work was about to begin at the Jackson-Lick Apartment. The sheriff's sale was scheduled for March 3, 1986, at 1934 Zarker Street, and notice thereof was again mailed to Gordon at her last known address. The trial court found that the sheriff had posted notice of the sale at 1934 Zarker Street and also at the Housing Authority's storage facility, where the levy had initially been made.

Gordon did not attend the sheriff's sale, and her property was sold to Winston Richards for $55, the amount of the sheriff's costs. Richards took possession of the goods following the sale. Two weeks later, on March 17, 1986, Gordon filed "Exceptions to Sheriff's Sale Pursuant to Pa.R.C.P. No. 3136." The trial court elected to treat her "exceptions" as a petition to set aside the sale under Pa.R.C.P. 3132, and an evidentiary hearing was held thereon. Following hearing, the petition was denied.

The authority for setting aside a sheriff's sale is contained in Pa.R.C.P. 3132, which provides:

RULE 3132. SETTING ASIDE SALE

[ 363 Pa. Super. Page ...


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