First Pennsylvania Bank v. Bonaventure
First Pennsylvania Bank v. Bonaventure
Opinion of the Court
OPINION
This is a Pro Se appeal filed by Dorothy M. Rigler, who petitioned the lower court for the right to intervene in an action to quiet title, under Pa.R.C.P., Rule 1061 b(4) brought by Plaintiff-Bank against defendants, the Bonaventures, to recover possession of real property following a judicial sale. Appellant’s petition was denied without a hearing, and subsequently a writ of possession was issued and executed by the sheriff who dispossessed not only the Bonaventures, but also the appellant. The Bonaventures were the mortgagors in the mortgage which was foreclosed, and on which the property was sold to Plaintiff.
After a review of the very complicated procedural history of this case, we find that there was no basis for the lower court’s summary dismissal of appellant’s petition to intervene without a hearing. We further find that appellant was entitled to such a hearing under Pa.R.C.P. Rule 2328. She had no opportunity to establish the allegations of her petition to intervene, and to argue their sufficiency. Furthermore, the right to possession she asserted in that petition was ignored when the writ of possession under which she was evicted was issued and served by publication.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.