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Johnson v. Martofel

The judge did not err in denying the motion requesting a stay of the execution of the writ of possession of real property or an order setting it aside because the sheriffs execution of the writ rendered the motion moot.

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OPINION

�1 Cynthia Johnson (Appellant) appeals from the trial court’s order denying her motion to stay or set aside a writ of possession for real property on which she resided. The trial court found itself without sufficient time to consider the motion prior to the sheriff’s execution of the writ and, therefore, it did not rule on the motion until after execution of the writ. Consequently, the court found that the issue was moot and, furthermore, that the property’s owner, John Martofel (Appellee), was entitled to the writ of possession. Johnson claims that the trial court erred in so determining. For the reasons that follow, we affirm.

�2 The property at issue in this case is located at 532 Third Street, No. 2, Luzerne Township, Fayette County (“the Property”). Appellant resided at the Property for several years and was its reputed owner until Appellee purchased it at a tax sale on October 14, 1998. On January 1, 1999,

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