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COM. F.S. and L. ASSN. v. LUCKENBACH et ux.

436 Pa. 472 (1970)

Community Federal Savings and Loan Association v. Luckenbach et ux., Appellants.

Supreme Court of Pennsylvania.

January 30, 1970.

Attorney(s) appearing for the Case

A. Charles Peruto, with him Michael E. Wallace, for appellants.

Walton Coates, with him William M. Barnes, and High, Swartz, Roberts & Seidel, and Schnader, Harrison, Segal & Lewis, for appellees.

Edward J. Hardiman, with him Pearlstine, Salkin, Hardiman, Robinson & Hunn, for appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE JONES, January 30, 1970:

Frank Luckenbach and Yetty Luckenbach, husband and wife, owned a house on Chattin Road, Cheltenham Township, Montgomery County, which was encumbered by a mortgage held by the Community Federal Savings and Loan Association (Loan Association).

The Luckenbachs fell into arrears in their mortgage payments, the Loan Association entered judgment on the mortgage bond and issued a writ of execution thereon, and the property...

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