MARRA v. STOCKER


532 Pa. 187 (1992)

615 A.2d 326

Lawrence MARRA and Francesca Marra, Appellants, v. Kenneth STOCKER, Sheriff of Northampton County, Merchants Bank N.A., Brian Hartman, Robert S. Apgar and Marie E. Apgar, Appellees.

Supreme Court of Pennsylvania.

Decided September 30, 1992.


Attorney(s) appearing for the Case

Gerald M. Barr, Allentown, Jeffrey G. Velander, Easton, for appellants.

John M. Metzger, Allentown, for Merchants Bank, N.A.

Brian M. Monahan, Easton, for Hartman.

Renald S. Baratta, Easton, for Solicitor for Sheriff.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.


OPINION OF THE COURT

LARSEN, Justice.

This appeal involves the question of whether a default of the due-on-sale clause of a mortgage agreement by the residential mortgage debtor excuses compliance with the notice and cure provisions of Act 6 of 19741 by the residential mortgage lender.

The facts of the case are as follows. A mortgage in the amount of $49,000 for property at 704...

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