First Valley Bank v. Conti

53 Pa. D. & C.2d 303, 1971 Pa. Dist. & Cnty. Dec. LEXIS 360
CourtPennsylvania Court of Common Pleas, Northampton County
DecidedJune 28, 1971
DocketWrit of Execution no. 51
StatusPublished

This text of 53 Pa. D. & C.2d 303 (First Valley Bank v. Conti) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Northampton County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First Valley Bank v. Conti, 53 Pa. D. & C.2d 303, 1971 Pa. Dist. & Cnty. Dec. LEXIS 360 (Pa. Super. Ct. 1971).

Opinion

FRANCIOSA, J.,

This case comes before the court on exceptions filed to the schedule of distribution of the proceeds of a sheriff’s sale of real estate.

On September 11, 1970, a sheriff’s sale was held on a certain lot or parcel of ground situate in Hanover Township, Northampton County, Pa., being designated as Lot No. 1, Block F, Stafore Estates. Execution thereon had been commenced by First Valley Bank, first mortgagee, under a writ of execution to May term, 1970, no. 51. The property was sold to the highest bidder for the sum of $40,184.43. A proposed schedule of distribution was then filed by the sheriff on September 25, 1970. Under this schedule of distribution, the sum of $1,264.27 is to be distributed to Hanover Township in payment of a municipal lien arising from the installation of sanitary sewers. The balance of the proceeds, after the deduction of costs, taxes and the liens of Hanover Township and First Valley Bank, is in the amount of $2,346.20. The schedule of distribution proposes allotment of this balance to Bethlehem Consumer Discount Company by reason of its judgment in April term 1966, no. 324. The total claim demanded by Bethlehem Consumer is for the sum of $3,652.63, therefore, the balance of the proceeds does not adequately satisfy its full claim.

[305]*305Two sets of exceptions have been filed to the schedule of distribution.

Bethlehem Consumer has taken exception to the priority being given to the township’s municipal lien. It is the contention of Bethlehem Consumer that since the township’s lien was omitted from a handbill prepared by the sheriff and used by the bidders at the time of the sale, the municipal lien should not receive preference over its claim. It requests the court to direct the sheriff to amend his schedule so as to divert the sum of $1,264.27 heretofore set aside for the payment of the municipal lien towards satisfaction of its total claim.

A second set of exceptions was filed by Bidi Corporation, purchaser at the execution sale. Bidi is asking the court to find that the obligation of the debtors under the judgment to April term, 1966, no. 324, became consolidated with a subsequent obligation of the debtors to Bethlehem Consumer under a judgment entered to May term, 1968, no. 459. If the court were to make such a finding, the giving and acceptance of the new obligation in payment of the old will discharge the debt evidenced by the earlier obligation or security.

From our review of the record, it appears that Joseph J. Biafore, Inc., assignee of a judgment to May term, 1966, no. 435, is the intervening judgment creditor whose claim will benefit from Bethlehem Consumer’s loss of priority. Initially, we were unable to determine just what Bidi Corporation will gain in the event its exceptions are sustained. This question has been answered in Bethlehem Consumer’s reply brief which indicates that Joseph J. Biafore, Inc., and Bidi Corporation are the same or related corporate entities.

At the time this matter came to be heard before the [306]*306court, appearances were permitted to be entered on behalf of the sheriff and the township. The sheriff urges that Bethlehem Consumer was not justified in relying upon his handbill as a true and accurate statement of all liens against the execution property. On its part, Hanover Township argues that a properly recorded municipal lien cannot be adversely affected by errors or omissions in a sheriff’s handbill.

Turning our attention first to the exceptions filed by Bethlehem Consumer, we conclude that the sheriff’s omission had no effect upon the priority of the township’s lien. We believe that the obligation upon a prospective purchaser to examine the state of the record is firmly established in the Commonwealth of Pennsylvania. Here in Pennsylvania, the general municipal law makes it “the duty of the prothonotaries of the courts of common pleas to keep a locality index, in which shall be entered all tax or municipal claims . . Act of May 16, 1923, P. L. 207, sec. 26, 53 PS §7146. By its very language, the statute establishes the prothonotary’s office as the place where record notice of municipal claims is to be given.

In this case, it is agreed that the township’s lien was properly recorded. Therefore, we are at a total loss to understand how the actions of the sheriff may operate to extinguish notice perfected prior to the execution sale. Clearly, the process of execution relates merely to the enforcement of judgments. No part of the procedure is designed to achieve more than the sale of property and the distribution of the proceeds in satisfaction of recorded judgments. A sheriff charged with the administration of this final process is just as bound by the state of the record as is the execution purchaser. For this reason, it has been said that there is no duty on the execution [307]*307creditor or on the sheriff to proclaim the exact state of the title at the sale, nor to declare what the legal effect and operation of the sale would be: Taylor v. Bailey, 323 Pa. 278. Plainly put, notice given at the place of record is controlling regardless of what appears on the sheriff’s private docket or is made known on handbills distributed by him to the bidders.

Another argument advanced by Bethlehem Consumer is that the sheriff is estopped from asserting the priority of the municipal lien because his conduct caused its omission from the handbill. We also reject this argument. There can be no estoppel when each of the parties has equal knowledge of the facts or equal means of knowledge. Estoppel can be acclaimed only by one who has acted in ignorance of the true facts and without suitable means of informing himself of their existence.

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Related

Taylor v. Bailey
185 A. 699 (Supreme Court of Pennsylvania, 1936)
Reed v. Defebaugh
24 Pa. 495 (Supreme Court of Pennsylvania, 1855)

Cite This Page — Counsel Stack

Bluebook (online)
53 Pa. D. & C.2d 303, 1971 Pa. Dist. & Cnty. Dec. LEXIS 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-valley-bank-v-conti-pactcomplnortha-1971.