Mahler v. Emrick

POPOVICH, Judge:

This is an appeal from an order of the court below denying appellants’ petition to open judgment or strike a judgment and stay a sheriff’s sale of certain real estate which had been purchased by appellants. This appeal followed. We affirm. 1

Initially, it must be noted that appellants’ petition, a “PETITION TO OPEN OR STRIKE AND STAY SHERIFF’S SALE”, is essentially one to open the judgment since the factual averments stated therein were “based on .. . matter[s] dehors the record.” J. F. Realty Co. v. Yerkes, 263 Pa.Super. 436, 440, 398 A.2d 215, 217 (1979). 2 Accord DeFeo v.…