McGILL v. SOUTHWARK REALTY CO.


828 A.2d 430 (2003)

John McGILL, Patrick Loynd, Lorraine Pappalardo, Mary A. Futcher, David Zuy, Alisha Amendt and Monroe Court Homeowner's Association, Appellants, v. SOUTHWARK REALTY COMPANY and Craig Smith.

Commonwealth Court of Pennsylvania.

Decided July 8, 2003.


Attorney(s) appearing for the Case

Jonathan Wheeler, Philadelphia, for appellants.

Richard D. Malmed, Philadelphia, for appellees.

Before FRIEDMAN, Judge, SIMPSON, Judge, and McCLOSKEY, Senior Judge.


OPINION BY Judge SIMPSON.

In this unusual case where a judgment debtor seeks an equitable setting aside of a sheriff's sale deed, Monroe Court Homeowner's Association (Association), with its president and several members (collectively, Plaintiffs), appeal from the order of the Court of Common Pleas of Philadelphia County (2002 trial court) sustaining Southwark Realty Company's (Realty) and Craig Smith's preliminary objections.1 We reverse...

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