IN RE JOHNSON

Bankruptcy No. 90-11008S, Adv. No. 90-0769S.

124 B.R. 648 (1991)

In re Curtis JOHNSON, Debtor. PROVIDENT NATIONAL BANK, Plaintiff, v. FIRST PENNSYLVANIA BANK, N.A., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

March 11, 1991.


Attorney(s) appearing for the Case

Margaret Gairo, Philadelphia, Pa., for Provident Nat. Bank.

Leo Francis Doyle, Havertown, Pa., John Gehring, Becket & Watkins, Malvern, Pa., for First Pennsylvania Bank, N.A.

Edward Sparkman, Philadelphia, Pa., standing chapter 13 trustee.

Jane MacElhenney, Philadelphia, Pa., for debtor.


OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The instant proceeding, involving an issue of the relative priorities of (a) a mortgage securing future advances and (b) a mortgage intervening prior to the advances, presents a question addressed but not definitively resolved under controlling Pennsylvania law. Believing that Pennsylvania no longer clings to a minority position that the recording...

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