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JOHNSON v. PHELAN HALLINAN & SCHMIEG, LLP

No. 26 WAP 2019.

235 A.3d 1092 (2020)

EdElla JOHNSON (a/k/a EdElla Robinson a/k/a EdElla Robinson Johnson), Eric Johnson, individually and on behalf of other similarly situated Former and Current Homeowners in Pennsylvania, Appellants v. PHELAN HALLINAN & SCHMIEG, LLP, Appellees.

Supreme Court of Pennsylvania.

Decided: August 18, 2020.

Attorney(s) appearing for the Case

Rachel Anne Labush, Esq. , Jonathan Sgro, Esq. , Community Legal Services of Philadelphia, for Community Legal Services, Amicus Curiae, Philadelphia Legal Assistance, Amicus Curiae, Pennsylvania Legal Aid Network, Inc., Amicus Curiae, Neighborhood Legal Services Association, Amicus Curiae, Regional Housing Legal Services, Amicus Curiae, Community Justice Project, Amicus Curiae.

Michael P. Malakoff, Esq. , Pittsburgh, for Johnson, EdElla, Appellant, Johnson, Eric, Appellant.

Jonathan J. Bart, Esq. , Wilentz Goldman & Spitzer, P.A., Philadelphia, for Phelan Hallinan & Schmieg LLP, Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

The Pennsylvania Loan Interest and Protection Law, 41 P.S. §§ 101 et seq. ("Act 6" or "the Act") governs residential mortgages within the Commonwealth. When the statute was enacted in 1974, a "residential mortgage" was defined as "an obligation to pay a sum of money in an original...

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