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RCK, INC. v. KATZ

331 Pa.Super. 163 (1984)

480 A.2d 295

RCK, INC., Appellant, v. Herbert and Marlene KATZ.

Supreme Court of Pennsylvania.

Filed August 10, 1984.

Petition for Allowance of Appeal Denied February 21, 1985.

Attorney(s) appearing for the Case

M. Patricia Carroll, Philadelphia, for appellant.

Joseph V. Cardona, Philadelphia, for appellees.

Before WIEAND, BECK and HOFFMAN, JJ.

BECK, Judge:

In this appeal we are asked to construe Section 407(a) of the Act of January 30, 1974 ("Act"), P.L. 13, as amended, 41 P.S. § 407(a), and determine how Section 407(a) affects a creditor's efforts to execute upon a confessed judgment. Section 407(a) of the Act states that

[a]s to any residential real property, a plaintiff [creditor] shall not have the right to . . . execute . ...

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