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FIDELITY BANK v. CARROLL

416 Pa.Super. 9 (1992)

610 A.2d 481

The FIDELITY BANK v. Winchell Smith CARROLL and Patricia Ann McClure Carroll. Appeal of Patricia Ann McClure CARROLL.

Superior Court of Pennsylvania.

Filed July 7, 1992.

Attorney(s) appearing for the Case

Arthur R. Littleton, Philadelphia, for appellant.

Daniel S. Bernheim, III, Philadelphia, for appellee.

Before ROWLEY, P.J., and MONTEMURO and POPOVICH, JJ.

MONTEMURO, Judge:

Pursuant to a divorce decree, appellant, Patricia Ann Carroll, was awarded title to the marital home and directed to place the home on the market with the proceeds to be divided seventy-five percent to appellant and the remaining twenty-five percent to her former husband. To facilitate the sale, appellant moved to quiet title her claim to the property. Her motion was challenged by appellee, the Fidelity Bank ("Bank"), a creditor of Mr. Carroll,

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