Fricker v. First Pennsylvania Bank, N.A. (In Re Fricker)

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

After a seemingly interminable series of preliminary skirmishes, the instant adver sary proceeding, in which the Debtors mount a broadside attack on not only a sheriff’s sale of their home but also the legality of the underlying obligation default of which was the basis of that sale, is ready for disposition. As we indicated throughout the course of these proceedings, the sheriffs sale, based on a confessed judgment, cannot stand in light of 41 P.S. § 407(a) and the constitutional deficiencies in the Pennsylvania confession of judgment…