PAVEX. INC. v. YORK FED. SAV. AND LOAN


716 A.2d 640 (1998)

PAVEX, INC. and Liberty Excavators Inc. v. YORK FEDERAL SAVINGS AND LOAN ASSOCIATION and York Financial Corporation v. Dorothy J. Kauffman HECK a/k/a Dorothy J. Heck. Appeal of YORK FEDERAL SAVINGS AND LOAN ASSOCIATION and York Financial Corporation, Appellants. PAVEX, INC. and Liberty Excavators Inc., Appellants, v. YORK FEDERAL SAVINGS & LOAN ASSOCIATION and York Financial Corporation v. Dorothy J. Kauffman HECK a/k/a Dorothy J. Heck.

Superior Court of Pennsylvania.

Filed July 31, 1998.


Attorney(s) appearing for the Case

Benjamin F. Riggs, Jr., York, for York Federal Savings & Loan Ass'n and York Financial Corp.

Robert A. Korn, Plymouth Meeting, for Pavex Inc. and Liberty Excavators, Inc.

Dorothy Heck, Pro Se.

Before CAVANAUGH, POPOVICH and FORD ELLIOTT, JJ.


FORD ELLIOTT, Judge:

In this appeal and cross-appeal, we address an issue of first impression in Pennsylvania; namely, whether the fictitious payee defense asserted by a bank pursuant to 13 Pa.C.S.A. § 3405(a)(3) of the Uniform Commercial Code ("UCC") constitutes an absolute defense, or whether the bank must have acted in good faith to assert the defense. We also address cross-appellant Pavex's claim that the trial court erred when it precluded Pavex from introducing...

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