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Osprey Portfolio, LLC, As Successor To First Union v. George Izett

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT


August 13, 2012

OSPREY PORTFOLIO, LLC, AS SUCCESSOR TO FIRST UNION NATIONAL BANK, RESPONDENT
v.
GEORGE IZETT, PETITIONER

Petition for Allowance of Appeal from the Order of the Superior Court

Per curiam.

ORDER

AND NOW, this 13th day of August 2012, the Petition for Allowance of Appeal is GRANTED.The issue, as stated by petitioner, is:

(1) Whether the trial court erred in holding that [Petitioner's] conditional and non-negotiable Guaranty, which forms the basis of Osprey's claims, is an "instrument" under seal (a suit of which is governed by a twenty-year statute of limitations pursuant to 42 Pa.C.S. §5529), rather than a "contract" under seal (a suit of which would be governed by a four-year statute of lmitations pursuant to 42 Pa.C.S. §5525)?

20120813

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