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KATHLEEN CHIULLI v. COMMONWEALTH PENNSYLVANIA (05/27/86)

decided: May 27, 1986.

KATHLEEN CHIULLI, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA HOUSING FINANCE AGENCY, RESPONDENT



Appeal from the Order of the Pennsylvania Housing Finance Agency in the case of Kathleen Chiulli, dated October 18, 1985.

COUNSEL

Bruce Fox, with him, Michal Fox, for petitioner.

Rebecca L. Peace, for respondent.

President Judge Crumlish, Jr., Judge Rogers, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 97 Pa. Commw. Page 455]

Kathleen Chiulli (petitioner) has filed a petition for review of a final decision of a hearing examiner affirming the denial by the Pennsylvania Housing Finance Agency (PHFA) of the petitioner's application for mortgage assistance.

The petitioner and her husband obtained a mortgage loan in 1978 to finance the purchase of a house. The couple separated in May 1984, and the petitioner and her two children continued to occupy the house. Pursuant to an order entered October 13, 1983, the petitioner's husband, Louis Chiulli, was directed to pay the mortgage. In spite of the court order, Mr. Chiulli failed to make mortgage payments. In February, 1984, the petitioner filed a petition that her husband be held in contempt of the court's order. Mr. Chiulli then made up the arrearages, but he again stopped making the payments in September, 1984.

On January 24, 1985, the mortgagee sent a notice to the petitioner pursuant to the Homeowner's Emergency

[ 97 Pa. Commw. Page 456]

Mortgage Assistance Program (Act 91), Act of December 23, 1983, P.L. 385, as amended, 35 P.S. §§ 1680.401c -- 1680.410c, advising her that her mortgage was delinquent from September, 1984 through February, 1985.

On February 15, 1985, the petitioner filed with the PHFA a request for financial assistance pursuant to Act 91. Article IV-C(a)(4), (10) of Act 91, as amended, 35 P.S. § 1680.404c(a)(4), (10), provides as follows:

(a) No assistance may be made with respect to a mortgage under this article unless all of the following are established:

(4) The mortgagor is a permanent resident of this Commonwealth and is suffering financial hardship due to circumstances beyond the mortgagor's control which render the mortgagor unable to correct the delinquency or ...


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