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FIRST NAT. BANK OF JERMYN v. BAHARA

539 Pa. 153 (1994)

650 A.2d 1060

The FIRST NATIONAL BANK OF JERMYN, Appellee, v. Robert BAHARA, Elaine Bahara, Eugene H. Brizer, Roberta R. Brizer, Edward J. Kubecki and Stella Kubecki, Mary Colleen Kobeski and Edward Kobeski, and Francis Kobeski and Rose Kobeski. The FIRST NATIONAL BANK OF JERMYN, Appellee, v. Robert BAHARA, Elaine Bahara, Eugene H. Brizer, Roberta R. Brizer, Edward J. Kubecki and Stella Kubecki (Two Cases). Appeal of Robert BAHARA, Elaine Bahara, Eugene H. Brizer and Roberta R. Brizer (Three Cases).

Supreme Court of Pennsylvania.

Decided November 22, 1994.

Attorney(s) appearing for the Case

Michael H. Roth, Scranton, for appellants in No. 86.

Maria Marsili, Edwin Utan, Scranton, for Bank of Jermyn in Nos. 87 and 88.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

Prior report: 427 Pa.Super. 650, 625 A.2d 95.

ORDER

PER CURIAM.

Order Affirmed.

CAPPY, J., files a dissenting opinion in which NIX, C.J., and FLAHERTY, J., join.

MONTEMURO, J., is sitting by designation.

CAPPY, Justice, dissenting.

I must respectfully dissent to the per curiam decision of the Majority to affirm the Superior Court. I dissent because I believe that the law of this Commonwealth instructs...

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