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HORBAL v. MOXHAM NAT. BANK

441 Pa.Super. 463 (1995)

657 A.2d 1261

Anthony HORBAL, and John Horbal, Individuals for the Use and Benefit of Highland Financial Ltd., a Corporation, and James R. Walsh, an Individual v. MOXHAM NATIONAL BANK, a Corporation. Appeal of HIGHLAND FINANCIAL LTD., and James R. Walsh, Esquire, Appellants.

Superior Court of Pennsylvania.

Filed April 10, 1995.

Attorney(s) appearing for the Case

James R. Walsh, Johnstown, for appellants.

Jeffrey T. Morris, Pittsburgh, for appellees.

Before ROWLEY, P.J., and CAVANAUGH, WIEAND, CIRILLO, DEL SOLE, POPOVICH, JOHNSON, HUDOCK and SAYLOR, JJ.

JOHNSON, Judge.

We are asked to determine whether the Deficiency Judgment Act, originally the Act of July 16, 1941, P.L. 400, 12 P.S. § 2621.1 et seq., reenacted as the Act of July 9, 1976, P.L. 586, No. 142, § 2, now 42 Pa.C.S. § 8103 et seq., bars the redemption of a certificate of deposit (CD) by an assignee bank, where the assignment secured an antecedent indebtedness also secured by a mortgage upon real estate. We conclude that the...

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