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RTC MORTG. TRUST 1994-N-2 v. FRY

556 Pa. 603 (1999)

730 A.2d 476

RTC MORTGAGE TRUST 1994-N-2, Appellee, v. Barry J. FRY, Jack A. Serra, Sr., Phillip Curcura, and Towerseville, an Illinois Partnership t/a Mutual Resources, a Pennsylvania General Partnership, Appellee, v. Timothy W. Silbaugh, Esq., Executor of the Estate of Jack W. Holzapfel, deceased, and Deborah Holzapfel Appellants, v. Lawrence R. Newman and RTC Mortgage Trust 1994-N-2, Appellee.

Supreme Court of Pennsylvania.

Decided May 19, 1999.

Attorney(s) appearing for the Case

Michael D. Gallagher, Heck, Silbaugh, Weinrich, Thompson & Gallagher, Butler, for Timothy W. Silbaugh, Exec. of J.W.

Charles Casalnova, O'Keefe, Grenen & Birsic, PC, for RTC Mortgage Trust Newman.

Severin A. Russo, DiPaolo and Russo, Pittsburgh, for Lawrence R. Newman.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN, and SAYLOR, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal by allowance from a memorandum decision of Superior Court which affirmed an order of the Court of Common Pleas of Allegheny County denying a petition to set aside the divestiture of a mortgage on real property. The petition was filed by appellants, to wit, the estate of Jack Holzapfel, represented by Timothy W. Silbaugh, Esq., executor, and Deborah...

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