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IN RE SHARP

Bankruptcy No. 82-00637G, Adv. No. 82-1631G.

24 B.R. 817 (1982)

In re Lorenzo A. SHARP, Lorraine Sharp, Debtors. Lorenzo SHARP, Lorraine Sharp, Plaintiffs, v. FIDELITY BOND AND MORTGAGE CO., and Commonwealth of Pennsylvania State Employees Retirement Fund, and United States Department of Housing and Urban Development, and Sheriff of Philadelphia County, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

November 26, 1982.

Attorney(s) appearing for the Case

Janet Sonnenfeld, Philadelphia, Pa., for plaintiffs/debtors Lorenzo Sharp and Lorraine Sharp.

Ralph G. Wellington, Joseph G. DeRespino, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for defendants, Fidelity Bond and Mortg. Co., Com. of Pennsylvania State Employees Retirement Fund and Secretary of U.S. Dept. of Housing and Urban Development.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether a sheriff's sale of the debtors' property should be set aside because of the debtors' allegations that they did not receive notice of the sale as required by Pennsylvania law. We conclude that the sale should be set aside because the mortgagee has failed to prove that it complied with the mandatory notice provisions of 41 P.S. § 403...

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