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COM. BANK AND TRUST CO. v. HEMSLEY

395 Pa.Super. 447 (1990)

577 A.2d 627

COMMONWEALTH BANK AND TRUST COMPANY, N.A., Appellant v. John E. HEMSLEY, and Donna L. Hemsley, his wife. Lara E. THOMAS v. COMMONWEALTH BANK AND TRUST COMPANY, N.A. and Marc S. Drier, Appellants.

Supreme Court of Pennsylvania.

Filed July 3, 1990.

Petition for Allowance of Appeal Denied November 5, 1990.

Attorney(s) appearing for the Case

Marc S. Drier, Jersey Shore, for appellant. Commonwealth Bank.

L. Waldo Herritt, Jersey Shore, for appellee Thomas, and participating party.

Before CIRILLO, President Judge, and BECK and HESTER, JJ.

HESTER, Judge:

Commonwealth Bank and Trust Company, N.A., appeals from the September 20, 1989 order of the Lycoming County Court of Common Pleas which dissolved a lien created by a court order on an escrow account, distributed the proceeds of the account to appellee, and dismissed the motion for contempt filed by appellant. Appellant's sole issue is whether the protections of the Deficiency Judgment Act may be invoked by a mortgagor against whom the mortgagee has...

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