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BANK OF NEW YORK v. HARVEY

928 A.2d 325 (2007)

The BANK OF NEW YORK as Trustee Under the Pooling & Servicing Agreement Dated as of May 31, 1993 Series-B c/o Rosicki & Associates, P.C., Appellant v. William HARVEY and Ann L. Harvey. The Bank of New York as Trustee Under the Pooling & Servicing Agreement Dated as of May 31, 1993 Series-B c/o Rosicki & Associates, P.C., Appellant v. William Harvey and Ann L. Harvey.

Superior Court of Pennsylvania.

Filed July 2, 2007.

Attorney(s) appearing for the Case

Kristina G. Murtha, Philadelphia, for appellant.

Mark S. Keenheel, Philadelphia, for appellees.

BEFORE: FORD ELLIOTT, P.J., BOWES, J. and McEWEN, P.J.E.

OPINION BY FORD ELLIOTT, P.J.:

¶ 1 These consolidated appeals arise from appellant's, the Bank of New York ("the Bank"),1 attempt to fix the fair market value of a foreclosed property pursuant to the Deficiency Judgment Act, 42 Pa. C.S.A. § 8103. The Bank appeals two separate but related orders. The appeal at No. 47 EDA 2006 is taken from an order dated November 28, 2005, and entered on December 2, 2005, denying the Bank's petition...

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