Deutsche Bank Nat'l Co. v. Butler, 868 A.2d 574 (Pa. Super. Ct. 2005). · Go Syfert
Deutsche Bank Nat'l Co. v. Butler, 868 A.2d 574 (Pa. Super. Ct. 2005). Cases Citing This Book View Copy Cite
70 citation events (70 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Jones, B. v. McGreevy, D. (2×) also: Cited as authority (quoted)
Pa. Super. Ct. · 2022 · quote attribution · 2 verbatim quotes · confidence high
an actual claim or controversy must be present at all stages of the judicial process for the case to be actionable or reviewable.
examined Cited as authority (verbatim quote) BR Holding Fund v, McKendrick, S.
Pa. Super. Ct. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
generally, an actual claim or controversy must be present at all stages of the judicial process for the case to be actionable or reviewable.... if events occur to eliminate the claim or controversy at any stage in the process, the case becomes moot.
cited Cited as authority (rule) Castillo, O. v. Guerra, M.
Pa. Super. Ct. · 2026 · confidence medium
Co. v. Butler, 868 A.2d 574, 577 (Pa. Super. 2005).
discussed Cited as authority (rule) Com. v. Thornton-Bey, J.
Pa. Super. Ct. · 2025 · confidence medium
An issue before a court is moot if in ruling upon the issue the court cannot enter an order that has any legal force or effect. -5- J-S21002-25 Deutsche Bank Nat'l Co. v. Butler, 868 A.2d 574, 577 (Pa. Super. 2005) (citations and quotation marks omitted).
discussed Cited as authority (rule) K.G. v. Lechene, E. (2×) also: Cited "see"
Pa. Super. Ct. · 2025 · confidence medium
Deutsche Bank Nat’l Co. v. Butler, 868 A.2d 574, 577 (Pa. Super. 2005) (citations and quotation marks omitted).
discussed Cited as authority (rule) U.S. Bank v. Bazirganian, N. (2×) also: Cited "see"
Pa. Super. Ct. · 2024 · confidence medium
Deutsche Bank Nat’l Co. v. Butler, 868 A.2d 574, 577 (Pa. Super. 2005) (citations omitted and formatting altered).
examined Cited as authority (rule) US National Bank v. Sheppard, A. (3×) also: Cited "see", Cited "see, e.g."
Pa. Super. Ct. · 2024 · confidence medium
Deutsche Bank Nat’l Co. v. Butler, 868 A.2d 574, 577 (Pa. Super. 2005) (citations omitted and formatting altered).
cited Cited as authority (rule) Santander Bank v. IHOC, LLC
Pa. Super. Ct. · 2019 · confidence medium
Co. v. Butler, 868 A.2d 574, 577 (Pa. Super. 2005).
discussed Cited as authority (rule) In Re: Condemnation by Sunoco Pipeline L.P. ~ Appeal of: E.S. Gerhart
Pa. Commw. Ct. · 2019 · confidence medium
Generally, Rule 2501 relates to “‘communications’ such as briefs, memoranda or letters [and] does not apply to applications for relief.” Deutsche Bank National Company v. Butler, 868 A.2d 574, 577 (Pa. Super. 2005).
discussed Cited as authority (rule) Citibank, N.A. v. Toole, K. (2×)
Pa. Super. Ct. · 2019 · confidence medium
Co. v. Butler, 868 A.2d 574, 577 (Pa.Super. 2005).
cited Cited as authority (rule) In the Matter of: Toth, M., Appeal of: Toth, G.
Pa. Super. Ct. · 2019 · confidence medium
Deutsche Bank National Co. v. Butler, 868 A.2d 574, 577 (Pa. Super. 2005) (citations and quotation marks omitted).
discussed Cited as authority (rule) S.P. v. B.S.
Pa. Super. Ct. · 2019 · confidence medium
Co. v. Butler, 868 A.2d 574, 577 (Pa.Super. 2005), we held: “Generally, an actual claim or controversy must be present at all stages of the judicial process for the case to be actionable or reviewable....
cited Cited as authority (rule) Com. v. J.C.
Pa. Super. Ct. · 2018 · confidence medium
Co. v. Butler, 868 A.2d 574, 577 (Pa. Super. 2005).
discussed Cited as authority (rule) J.B. v. L.B.
Pa. Super. Ct. · 2018 · confidence medium
We, therefore, dismiss this appeal as moot.1 See Deutsche Bank National Company v. Butler, 868 A.2d 574, 577 (Pa. Super. 2005) (issue is moot where if, in ruling upon issue, court cannot enter order that has legal force or effect). ____________________________________________ 1We note the Honorable Patricia E.
discussed Cited as authority (rule) Wilkins, G. v. Hon. Richard Lewis
Pa. Super. Ct. · 2018 · confidence medium
Co. v. Butler, 868 A.2d 574, 577 (Pa.Super. 2005) (stating: “Generally, an actual claim or controversy must be present at all stages of the judicial process for the case to be actionable or reviewable…”); J.S. v. Whetzel, 860 A.2d 1112, 1118 (Pa.Super. 2004) (stating: “If events occur to eliminate the claim or controversy at any stage in the process, the case becomes moot.
discussed Cited as authority (rule) The Hoopskirt Lofts Condominium Association v. v. Vurimindi and A. Boris
Pa. Commw. Ct. · 2017 · confidence medium
Accordingly, the appeal of Judge Carpenter’s January 12, 2016 order is moot and Vurimindi’s appeal will also be quashed.24 See Deutsche Bank National Company v. Butler, 868 A.2d 574, 578-79 (Pa. Super. 2005) (holding an appeal of a successful bidder at a sheriff’s sale that was set aside by the trial court was rendered moot by the subsequent sale of the property at a second sheriff’s sale).25 Regarding Vurimindi’s appeals of Judge Ceisler’s June 29, 2015 order, after reviewing the record, Vurimindi’s brief, and the law, we conclude that the appellate issues have been ably resolve…
discussed Cited as authority (rule) D. Hart v. Bulldawg LLC and City of Philadelphia, Department of Revenue
Pa. Commw. Ct. · 2017 · confidence medium
Under Pennsylvania Rule of Civil Procedure No. 3132, “a petition to set aside a sheriff’s sale may only be granted when the petition is filed before the sheriff’s delivery of the deed.” Deutsche Bank Nat’l Co. v. Butler, 868 A.2d 574, 578 (Pa. Super. 2005) (emphasis added).
cited Cited as authority (rule) In the Interest of: J.R., a Minor
Pa. Super. Ct. · 2016 · confidence medium
Co. v. Butler, 868 A.2d 574, 577 (Pa. Super. 2005) (citations and quotation marks omitted).
discussed Cited as authority (rule) U.S. Bank National Assoc. v. Schraven, D. (2×) also: Cited "see"
Pa. Super. Ct. · 2016 · confidence medium
Co. v. Butler, 868 A.2d 574, 576 (Pa. Super. 2005) (citation omitted). -6- J-A16013-16 impose such terms and conditions as it deems just and will maintain the res or status quo pending final judgment or will facilitate the performance of the order if sustained. (b) Tangible property.
cited Cited as authority (rule) Com. v. Whitenight, S.
Pa. Super. Ct. · 2016 · confidence medium
Co. v. Butler, 868 A.2d 574, 577 (Pa. Super. 2005) (quoting Rivera v. Pa. Dep’t of Corr., 837 A.2d 525, 527 (Pa. Super. 2003)).
cited Cited as authority (rule) In the Interest of : M.B.
Pa. Super. Ct. · 2015 · confidence medium
Co. v. Butler, 868 A.2d 574, 577 (Pa. Super. 2005) (citations and quotation marks omitted).
cited Cited as authority (rule) Kozel, S. v. Kozel, R.
Pa. Super. Ct. · 2015 · confidence medium
Co. v. Butler, 868 A.2d 574, 577 (Pa. Super. 2005) (quotation marks and citations omitted).
discussed Cited as authority (rule) J.S.S. v. M.J.S.
Pa. Super. Ct. · 2015 · confidence medium
Co. v. Butler, 868 A.2d 574, 577 (Pa. Super. 2005), which provides that: “Generally, an actual claim or controversy must be present at all stages of the judicial process for the case to be actionable or reviewable….
examined Cited as authority (rule) States Resources Corp. v. Spirit and Truth Worship (3×) also: Cited "see"
Pa. Super. Ct. · 2014 · confidence medium
Co. v. Butler, 868 A.2d 574, 577 (Pa.Super. 2005) (quoting J.S. v. Whetzel, 860 A.2d 1112, 1118 (Pa.Super. 2004)).
discussed Cited as authority (rule) Slomowitz, M. v. Kessler, S.
Pa. Super. Ct. · 2014 · confidence medium
Co. v. Butler, 868 A.2d 574, 577 (Pa.Super. 2005) (appealing party was successful bidder at a sheriff’s sale that the trial court set aside, but the property subsequently was sold at a second sheriff’s sale; we dismissed the appeal as moot since “the property was sold at the second sale, and now an order declaring the first sale valid would have no effect.”).
discussed Cited as authority (rule) Mortgage Electronic Registration Systems, Inc. v. Ralich
Pa. Super. Ct. · 2009 · confidence medium
Bank v. Estate of Shevlin, 897 A.2d 1241, 1246 (Pa.Super.2006) (quoting Deutsche Bank Nat’l Co. v. Butler, 868 A.2d 574, 578 (Pa.Super.2005)). ¶ 15 Pennsylvania Rule of Civil Procedure 3135 provides: When real property is sold in execution and no petition to set aside the sale has been filed, the sheriff, at the expiration of twenty days after either the filing of the schedule of distribution or the execu *80 tion sale if no schedule of distribution need be filed, shall execute and acknowledge before the prothonotary a deed to the property sold.
discussed Cited as authority (rule) First Union National Bank v. Estate of Shevlin
Pa. Super. Ct. · 2006 · confidence medium
Pa.R.C.P. 3132 (emphasis added). “[P]ur-suant to Pa.R.C.P. 3132, a petition to set aside a sheriffs sale may only be granted when the petition is filed before the sheriffs delivery of the deed.” Deutsche Bank Nat’l Co. v. Butler, 868 A.2d 574, 578 (Pa.Super.2005). *1247 ¶ 14 The record reflects that the deed was delivered to Banin in December 2003.
cited Cited "see" Santander Bank v. Ansorge, L.
Pa. Super. Ct. · 2024 · signal: see · confidence high
See Deutsche Bank, 868 A.2d at 577-78 .
discussed Cited "see" Boden, A. v. Hernandez, P.
Pa. Super. Ct. · 2022 · signal: see · confidence high
See Rule to Show Cause, 8/23/21 (citing Deutsche Bank Nat'l Co. v. Butler, 868 A.2d 574, 577 (Pa. Super. 2005) (stating that an issue is moot if when ruling on the issue a court cannot enter an order that has any legal force or effect)).
cited Cited "see" Residential Mortgage v. Kamenik, C.
Pa. Super. Ct. · 2020 · signal: see · confidence high
See U.S. Bank’s brief at 16-17 (citing Deutsche Bank Nat’l Co. v. Butler, 868 A.2d 574, 577 (Pa.Super. 2005)).
cited Cited "see" American Express Bank, FSB v. Martin, J.
Pa. Super. Ct. · 2018 · signal: see · confidence high
See id.
discussed Cited "see, e.g." Dice, J., III v. Chocha-Pipan, M. (2×)
Pa. Super. Ct. · 2023 · signal: see, e.g. · confidence medium
See, e.g., Deutsche Bank Nat’l Co. v. Butler, 868 A.2d 574, 578 (Pa. Super. 2005). [Appellant] filed the motion to set aside sale after the deed was recorded and is therefore untimely.
discussed Cited "see, e.g." RBS Citizens, N.A. v. Unknown Heirs
Pa. Super. Ct. · 2017 · signal: see also · confidence medium
Trial Ct. Op., 7/27/16, at 4 (citing Workingmen’s Sav. & Loan Ass’n of Dellwood Corp. v. Kestner, 652 A.2d 327, 328 (Pa.Super. 1994) (“The proper procedure to contest a sheriff’s sale is by petition, before delivery of the sheriff’s deed, under Pa.R.C.P. 3132.”)); see also 15 West’s Pa. Prac., Mortgages (3d ed.) § 5.4 (“[Pa.R.C.P.] 3181(h), incorporating Rule 3132 . . ., provides the sole grounds for relief after the sale has been made.”). -4- J-S95018-16 when the petition is filed before the sheriff’s delivery of the deed.” First Union Nat’l Bank v. Estate of Shevlin,…
Retrieving the full opinion text from the archive…
DEUTSCHE BANK NATIONAL COMPANY, as Custodian or Trustee F/K/A Bankers Trust Company of California, N.A., Appellee,
v.
Darrell O. BUTLER and Barbara June Butler. Appeal Of: Philip Stout, T/D/B/A County Development
Superior Court of Pennsylvania.
Feb 7, 2005.
868 A.2d 574
David S. Posner, Washington, for appellant., Bonnie Dahl, Philadelphia, for Deutsche Bank, appellee.
Bender, Panella, Popovich.
Cited by 40 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 58%
Citer courts: Superior Court of Pennsylvania (1)

OPINION BY

BENDER, J.:

¶ 1 Philip Stout, t/d/b/a County Development (Appellant), appeals from the order setting aside a sheriffs sale for real property that he purchased. Appellant claims[*576] that the executing creditor in this mortgage foreclosure action, Deutsche Bank National Company (Appellee), made a unilateral mistake by not bidding a sufficient amount to purchase the property. For the following reasons, we conclude that this appeal is moot. Therefore, we dismiss this appeal.

¶ 2 The trial court summarized the facts of this case as follows:

Defendants, Darrell and Barbara Butler, acquired property at 515 Clubview Drive, McMurray, Pa and Advanta National Bank executed a mortgage thereon September 8, 1999. On May 11, 2000, Deutsche National Bank (“Plaintiff’) assumed said mortgage. As set forth in Plaintiffs action for mortgage foreclosure, monthly payments of principal and interest due from October 15, 2002, and each month thereafter, remain unpaid. At the time Judgment by Default was entered July 30, 2003, the amount of principal due was Two Hundred Sixteen Thousand Two Hundred Fifty-One Dollars and Forty Cents ($216,251.40) and the amount of interest due was Eight Thousand Fifty-Seven Dollars and Eighty-Eight Cents ($8,057.88). Per the terms of the mortgage, upon default for a period of one (1) month, the entire principal balance and all interest due thereon are collectible forthwith. At the time Plaintiffs Counsel filed the aforementioned action for mortgage foreclosure, the total amount due on the mortgage was Two Hundred Sixteen Thousand Two Hundred Fifty-One Dollars and Forty Cents ($216,-251.40). Determination of said amount was in conformity with the mortgage documents and Pennsylvania Law, and Plaintiff appropriately conformed to the Combined Notice of Delinquency requirements as set forth by Act. 6 of 1974 (41 P.S. § 403) and Act 91, the Emergency Mortgage Assistance Act of 1983.
On September 11, 2003, Plaintiff filed Notice of Sheriffs Sale of Real Property, the same being originally scheduled for November 7, 2003 at 10:00 a.m. Said Sheriffs Sale was rescheduled for, and held on, February 6, 2004. At the time of Sheriffs Sale, the upset price (total amount of judgment and costs) for the premises was Two Hundred Forty Thousand Six Hundred Dollars (240,600.00), and Plaintiff instructed its Counsel, Stephanie M. Sewak, Esq. to bid that amount on their behalf.
At said February 6, 2004 Sheriffs Sale, third party bidder Philip Stout t/d/ b/a County Development’s (“Stout”) successfully bid Twenty Five Thousand Dollars ($25,000.00) for the premises. Ms. Sewak mistakenly failed to increase the bidding and the Sheriff accepted Stout’s bid. Later the same day (February 6, 2004), Ms. Sewak filed a Petition to Set Aside Sheriffs Sale of Real Property (“Petition”), alleging: (i) the bid price of $25,000.00 is grossly inadequate; (ii) the completion of the sale in light of the Counsel’s mistake and gross inadequacy of price would constitute a gross miscarriage of justice; and (iii) the purchaser, Stout knew of Attorney Se-wak’s mistake.
This Court issued a Rule on February 17, 2004 for all interested parties to show cause in regard to why the Sheriffs Sale should not be set aside. Upon consideration of Plaintiffs Petition to Set Aside the Sheriffs Sale and the briefs submitted by both parties, this Court entered an Order ‘May 18, 2004 granting Plaintiffs Petition to Set Aside the Sale. Said Order also directed the Sheriffs Sale be rescheduled for July 2, 2004 without further advertisement, but with a public announcement by the Sheriff at the preceding month’s sale.
[*577] Appellant Stout timely filed the instant appeal. In accordance with Pa. R.A.P. No.l925(b), this Court directed Stout to file a Concise Statement of Matters Complained of on Appeal. Stout’s 1925(b) Statement alleges this Court erred by: (i) granting Plaintiff’s Motion to Set Aside the Sheriffs Sale in which Stout was the successful bidder; (ii) setting aside the Sheriffs Sale where Plaintiffs Counsel made a unilateral mistake; and (iii) ordering the property be reauctioned by the Sheriff without advertisement on July 2, 2004.

Trial Court Opinion (T.C.O.), 7/19/04, at 1-3.

¶ 3 After Appellant filed his Notice of Appeal, he petitioned the trial court to stay the sheriffs sale that the court had re-scheduled for July 2, 2004. Pursuant to Pa.R.A.P. 1701, Appellant offered to post a bond in the amount of $25,000 to operate as a supersedeas. By order dated June 24, 2004, the trial court granted the super-sedeas, but did so on the condition that Appellant post a bond in the amount of $255,000. See Pa.R.AP. 1733(b). Appellant did not post the bond, and hence the court’s order setting aside the sheriffs sale was never superseded. Accordingly, on July 2, 2004, the property was sold to Appellee at the re-scheduled sheriffs sale and subsequently, the sheriff delivered the deed to Appellee. (Sheriff Service Process Receipt, and Affidavit of Return, 7/29/04, Docket Sheet at 39).

¶ 4 On appeal, and after oral argument, Appellee filed a Motion to Dismiss based on mootness. Appellant has objected to the timeliness of this motion on the basis that the motion was filed after argument. See Pa.R.A.P. 2501. However, Pa. R.A.P. 2501 only applies to “communications” such as briefs, memoranda or letters. It does not apply to applications for relief, which are governed by Pa.R.A.P. 123 and Pa.R.A.P. 1972. Furthermore, pursuant to Pa.R.A.P. 1972(4), a party may file a motion to dismiss for mootness without limitation. Nor does Pa.R.A.P. 123 limit the time at which such a motion must be filed.

¶ 5 “Generally, an actual claim or controversy must be present at all stages of the judicial process for the case to be actionable or reviewable.... If events occur to eliminate the claim or controversy at any stage in the process, the case becomes moot.” J.S. v. Whetzel, 860 A.2d 1112, 1118 (Pa.Super.2004) (quotation marks and citation omitted). “An issue can become moot during the pendency of an appeal due to an intervening change in the facts of the case or due to an intervening change in the applicable law.” In re Cain, 527 Pa. 260, 590 A.2d 291, 292 (1991). “An issue before a court is moot if in ruling upon the. issue the court cannot enter an order that has any legal force or effect.” Rivera v. Pennsylvania Dept. of Corrections, 837 A.2d 525, 527 (Pa.Super.2003).

¶ 6 In the instant case, the order under review set aside the sheriffs sale and rescheduled a sale for July 2, 2004. Despite the fact that Appellant filed an appeal, the order was never superseded. Consequently, the property was sold at the second sale, and now an order declaring the first sale valid would have no effect.

¶ 7 Appellant claims that the issue is not moot because Appellee “still hold[s] title to the property and a Motion to Strike the Deed, in the event that you find in favor of the Appellant will solve the problem, and will remand the property back into the custody of the Court.” Objection and Answer to Motion to Dismiss Appeal and Brief in Support Thereof at ¶ 9. However, while the property was sold to Appellee six months ago, there is nothing in the record[*578] that indicates whether Appellee still owns it.

¶ 8 Furthermore, it is apparent that Appellant is attempting to attack the legality of the second sale by pursuing an appeal of the order setting aside the first sale. Appellant claims, without any citation to legal authority, that if this Court were to reverse the trial court, Appellant could then successfully litigate a “Motion to Strike the Deed.” This is doubtful, however, for pursuant to Pa.R.C.P. 3132, a petition to set aside a sheriffs sale may only be granted when the petition is filed before the sheriffs delivery of the deed. As stated above, the record shows that following the second sale, the sheriff delivered the deed to Appellee.

¶ 9 Finally, we are compelled to note that Appellant did not exhaust his remedies in preventing this issue from becoming moot. Namely, while Appellant now complains that the trial court erred in setting the amount of the supersedeas at $255,000, he never filed a motion with the trial court or this Court pursuant to Pa. R.A.P. 1737 objecting to the amount of the security. Instead, Appellant chose not to file the bond or a motion, and the property was sold. [1]

¶ 10 Motion to Dismiss GRANTED.

1

. We note that in Jefferson Bank v. Newton Associates, 454 Pa.Super. 654, 686 A.2d 834 (1996), we concluded that a similar issue was not moot where the sheriff delivered the deed after the appellant had filed a notice of appeal from the trial court's order denying the appellant’s petition to set aside a sheriff’s sale. However, in Jefferson, we did not consider the issue of how an appellant’s failure to obtain a supersedeas impacts a determination of whether an issue has become moot due to the subsequent enforcement of the trial court’s order. Thus, we find the case distinguishable.