ESB Brands v. Kaplan

Spaeth, J.,

This case arises on preliminary objections to a rule to show cause why a financing statement should not be stricken and a public sale ordered. The objections admit as true the following facts.

Petitioner, ESB Brands, secured a judgment of $17,777.16 against defendants, Louis Kaplan and Molly Kaplan. A levy was made on the Kaplans’ personal property at 6635 McCallum Street. However, the sheriff refused to post bills of sale, because the personal property was the subject of a financing statement filed with the Prothonotary of Philadelphia County and the Secretary of the Commonwealth…