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COMMUNITY FEDERAL SAVINGS AND LOAN ASSOCIATION v. LUCKENBACH ET UX. (01/30/70)

decided: January 30, 1970.

COMMUNITY FEDERAL SAVINGS AND LOAN ASSOCIATION
v.
LUCKENBACH ET UX., APPELLANTS



Appeal from order of Court of Common Pleas of Montgomery County, No. 66-14440, in case of Community Federal Savings and Loan Association v. Frank E. Luckenbach et ux.

COUNSEL

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.

Bell, C. J., Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Jones. Mr. Justice Roberts concurs in the result.

Author: Jones

[ 436 Pa. Page 473]

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 was sold at a sheriff's sale for $45,700 to Franklin and Renee Levin. After the sale, the sheriff filed a schedule of the proposed distribution of the proceeds of the sale, to which schedule the Levins filed exceptions.

The Luckenbachs had been estranged for some time and a divorce action was pending. Some time prior to

[ 436 Pa. Page 474]

    the sheriff's sale, Frank Luckenbach left the premises but Yetty Luckenbach remained in the house for several months after January 25, 1967, the date of the sale.

Prior to the sale, Mr. Levin had visited the premises, inspected its condition and, on the basis of that inspection, made the bid of $45,700.

The sheriff's schedule of distribution provided the following disposition of the purchase price of $45,700: (a) Commonwealth transfer realty tax, $457.00; (b) costs of the sale, $781.60; (c) transfer realty tax due Cheltenham Township and School District, $457.00; (d) Loan Association, $26,804.38; (e) judgment of Industrial Valley Bank ...


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