Fannie Mae v. Ferraro

10 Pa. D. & C.5th 260
CourtPennsylvania Court of Common Pleas, Lawrence County
DecidedNovember 20, 2009
Docketno. 10662 of 2008
StatusPublished
Cited by1 cases

This text of 10 Pa. D. & C.5th 260 (Fannie Mae v. Ferraro) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lawrence County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fannie Mae v. Ferraro, 10 Pa. D. & C.5th 260 (Pa. Super. Ct. 2009).

Opinion

COX, J,

Before the court for disposition is the motion for summary judgment filed on behalf of the plaintiff Fannie Mae, which argues that the plaintiff has a right to immediate possession of the property and the defendants’ counterclaim should be dismissed as it is an improper collateral attack of a valid sheriff’s sale.

The plaintiff has filed this action in ejectment against Janet M. Ferraro, deceased, or the occupants of 314 Roberts Lane, New Castle, Lawrence County, Pennsylvania. Carl D’Augostine and Linda D’Augostine (occupants) are the current occupants of the property in question. The plaintiff has averred that a valid sheriff’s sale occurred after foreclosure proceedings and the occupants did not file any objections to the sheriff’s sale; [262]*262thus, the plaintiff is entitled to possession of the property. The occupants filed an answer, new matter and counterclaim to the plaintiff’s complaint averring counterclaims for breach of contract and specific performance, which arose from negotiations with the plaintiff to purchase the property prior to the sheriff’s sale. The occupants claim that the parties reached an agreement regarding the purchase of the property. However, the plaintiff proceeded with the sheriff’s sale and, as a result, the plaintiff became the record owner of the property through a sheriff’s deed recorded in the Office of the Recorder of Deeds of Lawrence County on April 2, 2008. The plaintiff has demanded possession of the property, but the occupants refuse to vacate the premises.

The plaintiff filed the current motion for summary judgment alleging that the occupants have attempted to improperly challenge a valid sheriff’s sale through a counterclaim in a collateral proceeding. Conversely, the occupants admit that the sheriff’s sale was valid, but claim they are entitled to possession of the property because the parties reached an agreement where the occupants would purchase the property. The occupants argue the plaintiff breached that agreement when it proceeded with the sheriff’s sale.

The purpose of the summary judgment rule is to eliminate cases prior to trial where a party cannot make out a claim or defense after the relevant discovery has been completed. Miller v. Sacred Heart Hospital, 753 A.2d 829 (Pa. Super. 2000). Summary judgment may be granted only in cases where it is clear and free from doubt that there is no genuine issue as to any material fact and that the moving party is entitled to a summary judgment [263]*263as a matter of law. Kafando v. Erie Ceramic Arts Co., 764 A.2d 59, 61 (Pa. Super. 2000) (citing Rush v. Philadelphia Newspapers Inc., 732 A.2d 648, 650-51 (Pa. Super. 1999). The moving party bears the burden of proving the non-existence of any genuine issue of material fact. Kafando, supra. A material fact, for summary judgment purposes, is one that directly affects the outcome of the case. Kuney v. Benjamin Franklin Clinic, 751 A.2d 662 (Pa. Super. 2000). The non-moving party must adduce sufficient evidence on issues essential to his case on which he bears the burden of proof such that a jury could return a verdict in his favor. Failure to adduce this evidence establishes that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Ertel v. Patriot-News Company, 544 Pa. 93, 674 A.2d 1038 (1996), reargument denied, (1996), certiorari denied, 519 U.S. 1008 (1996). The non-moving party must demonstrate that there is a genuine issue for trial and may not rest on averments in its pleadings. DeSantis v. Frick Company, 745 A.2d 624 (Pa. Super. 1999).

When determining whether to grant a motion for summary judgment, the court must view the record in the light most favorable to the non-moving party, and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party. Hughes v. Seven Springs Farm Inc., 563 Pa. 501, 762 A.2d 339 (2000). Summary judgment is proper only when the uncontroverted allegations in the pleadings, depositions, answers to interrogatories, admissions of record and submitted affidavits demonstrate that no genuine issue of material fact exists, and that the moving party is entitled to judgment as a matter of law. P.J.S. v. Pennsyl[264]*264vania State Ethics Commission, 555 Pa. 149, 153, 723 A.2d 174, 176 (1999).

Only when the facts are so clear that reasonable minds camiot differ, a trial court may properly enter summary judgment. Basile v. H&R Block Inc., 563 Pa. 358, 761 A.2d 1115 (2000). If there are no genuine issues of material fact in dispute or if the non-moving party has failed to state a prima facie case, summary judgment may be granted. Dudley v. USX Corporation, 414 Pa. Super. 160, 606 A.2d 916 (1992). Thus, a proper grant of summary judgment depends upon an evidentiary record that either (1) shows the material facts are undisputed or (2) contains insufficient evidence of facts to make out a prima facie cause of action or defense. Rauch v. Mike-Mayer, 783 A.2d 815 (Pa. Super. 2001). The trial court must confine its inquiry when confronted with a motion for summary judgment to questions of whether material factual disputes exist. Township of Bensalem v. Moore, 152 Pa. Commw. 540, 620 A.2d 76 (1993). It is not the function of the court ruling on a motion for summary judgment to weigh evidence and to determine the truth of the matter. Keenheel v. Pennsylvania Securities Commission, 134 Pa. Commw. 494, 579 A.2d 1358 (1990).

The sole issue presented to the court in this motion for summary judgment is whether it is proper for the occupants to assert their claims for breach of contract and specific performance as counterclaims to the plaintiff’s ejectment action or if that is an improper collateral attack on a valid sheriff’s sale.

It is well-established that the underlying judgment and sheriff’s sale cannot be attacked in a collateral proceeding. Roberts v. Gibson, 214 Pa. Super. 220, 222, 251 A.2d [265]*265799, 800 (1969). An ejectment action is collateral to the proceeding in which the land was sold. Dime Savings Bank FSB v. Greene, 813 A.2d 893, 895 (Pa. Super.

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Bluebook (online)
10 Pa. D. & C.5th 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fannie-mae-v-ferraro-pactcompllawren-2009.