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HORIZON FIN., F. A. v. FURRICK ET UX.

No. 436 C.D. 1987.

115 Pa.Commw. 521 (1988)

541 A.2d 42

Horizon Financial, F. A. v. Francis B. Furrick and Judith A. Furrick, his wife. Municipality of Bethel Park, Appellant.

Commonwealth Court of Pennsylvania.

May 2, 1988.

Attorney(s) appearing for the Case

John Linkosky, with him, Victor R. Delle Donne, Baskin, Flaherty, Elliott & Mannino, P.C., for appellant.

Stephen F. Capone, for appellee.

Argued March 22, 1988, before Judges MacPHAIL and COLINS, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, May 2, 1988:

The Municipality of Bethel Park (Bethel Park) appeals the order of the Court of Common Pleas of Allegheny County entered on January 22, 1987 disallowing its claim and ordering the refund to Horizon Financial, F.A. (Horizon) of the amount in controversy.1 We affirm.

This appeal arises from separate claims by Bethel Park and by Horizon against proceeds of the judicial sale of real estate of...

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