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ARTICLE · 17 JULY 2014

Fox Secures Appellate Victory For Credit Union

Ashley Lerch, an attorney in the Chester County office of Fox Rothschild LLP, recently secured a ruling by the Pennsylvania Superior Court in favor of Citadel Federal Credit Union.

United StatesLitigation, Mediation & Arbitration

Ashley Lerch, an attorney in the Chester County office of Fox Rothschild LLP, recently secured a ruling by the Pennsylvania Superior Court in favor of Citadel Federal Credit Union.

The court confirmed that the defendant/debtor in the case, who represented himself pro se at the trial court level, waived his arguments concerning the application Pennsylvania's Deficiency Judgment Act, 42 Pa. C.S.A. 8103, et. sec., by failing to raise them before the trial court.

In 2012, Citadel filed a complaint for deficiency judgment against the defendant/debtor for more than $650,000. The debtor's property was sold at sheriff's sale in an attempt by Citadel to collect the judgment. Citadel subsequently filed a petition to fix the fair market value of the property, and that petition was approved by the trial court, where the debtor represented himself pro se.

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