Warehouse Builders & Supply, Inc. v. Perryman

Concurring Opinion by

Montgomery, J.:

Although I concur in the affirmance of the lower court’s order, I think that our decision has the limited effect only of allowing execution to proceed.

Pennsylvania Rule of Civil Procedure 3121(a)(3) provides for a stay of execution pending disposition of a claim by any person against the subject property. *422The record does not reveal that Mr. Sampson has any such claim now pending. As stated in the majority opinion, Hampson did at one time have such a claim. He had filed an action in equity in the Allegheny County Common Pleas Court to have the deed set…