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NORTHWEST SAVINGS ASSOCIATION v. JAMES T. DISTLER AND JOAN L. DISTLER (06/04/86)

filed: June 4, 1986.

NORTHWEST SAVINGS ASSOCIATION, NOW NORTHWEST MUTUAL SAVINGS ASSOCIATION
v.
JAMES T. DISTLER AND JOAN L. DISTLER, HUSBAND AND WIFE, APPELLANTS



Appeal from the Order Entered on July 1, 1985, in the Court of Common Pleas of Elk County, Civil Division, at No. 81-801.

COUNSEL

Thomas G. Wagner, Saint Marys, for appellants.

Alvin B. Coppolo, Saint Marys, for appellee.

Brosky, Rowley and Hester, JJ.

Author: Hester

[ 354 Pa. Super. Page 189]

In this appeal, appellants seek our review of the entry of judgment non obstante veredicto (hereinafter "judgment n.o.v.") by the trial court. Appellee instituted an action in mortgage foreclosure when appellants refused to pay the alleged balance due on their mortgage. A jury returned a verdict in favor of appellants; following oral argument, however, appellee's post-verdict motion for a judgment n.o.v. was granted. That order is the subject of this appeal.

In April of 1970, appellants applied to appellee for a second mortgage on their residence in the amount of $5,000 to construct a garage. The documents prepared for this transaction included a disclosure statement required by the Truth-in-Lending Act,*fn1 a loan settlement statement, a mortgage and a mortgage note. All of the documents provided for a monthly payment of $52.00 and an interest rate of

[ 354 Pa. Super. Page 190]

    seven percent. The mortgage and mortgage note were indefinite as to the length of the installment obligation, stating that the monthly payments were to be made "until the principal, all additional advances, interest, premium and other charges . . . are paid in full . . . ." However, the disclosure statement provided:

Payments for principal and interest on this transaction shall be 120 monthly installments of $52.00 beginning on the 20th day of June, 1970, and due on the 20th day of each month thereafter. The TOTAL OF PAYMENTS on this transaction will be $6,240.00.

On May 12, 1970, appellants executed a note and mortgage securing the loan of $5,000. Appellants commenced payments on October 29, 1970 and made 120 timely consecutive monthly installments thereafter. When appellants received their 1979 mortgage balance statement, it became apparent that the loan would not be discharged by the remaining payments on the ten-year schedule. Appellee admitted that an error had been made in computing the figures on the disclosure statement, but requested appellants to continue monthly payments until the balance was paid in full. After making what they considered to be their final payment, appellants discontinued all mortgage payments as of September 29, 1980.

On July 22, 1981, appellee filed an action in mortgage foreclosure against appellants, who responded by alleging satisfaction and by counter-claiming on a violation of the Truth-in-Lending Act.

At the close of trial, appellants were granted a directed verdict on the Truth-in-Lending Act violation. Appellee's request for a directed verdict on its mortgage foreclosure claim was denied. A jury verdict ...


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