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CITIZENS N. BANK v. ROSE H. CEM. ASSN.

218 Pa.Super. 366 (1971)

Citizens National Bank of Evans City v. Rose Hill Cemetery Association of Butler, Appellant.

Superior Court of Pennsylvania.

June 22, 1971.

Attorney(s) appearing for the Case

William C. Robinson, with him D.B. Tobe, and Henninger & Robinson, for appellant.

G. Helwig, with him Leo M. Stepanian, Steven A. Stepanian, II, Brydon & Stepanian, and Reed, Smith, Shaw & McClay, for appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION BY HOFFMAN, J., June 22, 1971:

In 1968 appellant executed a mortgage note to appellee in the amount of $44,000. In May of 1970 appellee confessed judgment against appellant by virtue of a warrant of attorney contained in the mortgage note, and execution was issued on the judgment. Appellant thereafter filed a petition to open or strike the judgment, alleging, inter alia, that appellee had failed to follow the applicable procedures enunciated in Pennsylvania...

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