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HomeMy WebLinkAbout99-0381 CivilFIRST UNION HOME EQUITY BANK, Plaintiff ROBERT M. MRAZ and RONALD A. RILEY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-381 CIVIL TERM IN RE: DEFENDANT RILEY'S MOTION FOR SUMMARY JUDGMENT BEFORE HOFFER, P.J., and OLER. J. ORDER OF COURT AND NOW, thisT~ ~ay of August, 2000, upon consideration of Defendant Riley's Motion for Summary Judgment Pursuant to Rule 1035.2, Penna. Rules of Civil Procedure, and for the reasons stated in the accompanying opinion, Defendant's motion for summary judgment is denied. Robert B. Lieberman, Esq. 12th Floor 500 N. Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 Attorney for Plaintiff esley Oler,'JE.;~ ~ Y. (q Ronald A. Riley, AK-8743 I 100 Pike Street Huntingdon, PA 16654-1112 Defendant, Pro Se Mr. Robert M. Mraz 3653 Chestnut Street Camp Hill, PA 17011 Defendant, Pro Se irc FIRST UNION HOME EQUITY BANK, Plaintiff Vo ROBERT M. MRAZ and RONALD A. RILEY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-381 CIVIL TERM IN RE: DEFENDANT RILEY'S MOTION FOR SUMMARY J[IDGMENT BEFORE HOFFER. P.J.. and OLER. J. OPINION and ORDER OF COURT OLER, J., August g(, 2000. In this mortgage foreclosure case, Plaintiff First Union Home Equity Bank, as mortgagee, has sued Defendant Robert Mraz as mortgagor/real owner and Ronald A. Riley as real owner. The property affected by the mortgage is located at 3653 Chestnut Street, Camp Hill (Hampden Township), Cumberland County, Pennsylvania. Implicit within the complaint is the proposition that Defendant Riley's record interest in the property postdated the mortgage. For disposition at this time is a motion for summary judgment filed by Defendant Riley, pro se, based upon the absence of evidence in the record that he was a mortgagor, i ~ This matter was listed for argument on behalf of Plaintiff on May 30, 2000, but defects in the listing and notice to Defendant caused the court to extend the period for Defendant's submission of argument in the form of a brief and to direct that the motion be decided upon briefs. Order of Court, August 8, 2000. A document entitled "Defendant Riley's Response in Opposition to PlaintifFs Response/Brief in Opposition to As an alleged real owner of the property subject to the mortgage in question, Defendant Riley's joinder as a defendant in the present foreclosure action was required under Pennsylvania Rule of Civil Procedure 1144(a)(3). This is true whether:: or not..he participated in the loan which occasioned the encumbrance. Rule 1144 provides, in its entirety, as follows with respect to actions of mortgage foreclosure: (a) the plaintiff shall name as defendants (1) the mortgagor; (2) the personal representative, heir or devisee of a deceased [mortgagor], if known; and (3) the real owner of the property, or if the real owner is unknown, the grantee in the last recorded deed. (b) Unless named as real owner, neither the mortgagor nor the personal representative, heir or devisee of the mortgagor, need be joined as defendant if the plaintiff sets forth in the complaint that the plaintiff releases such person from liability for the debt secured by the mortgage. Because his joinder as a real owner was required under Rule 1144(a)(3), without regard to whether he was a debtor on the loan which the mortgage secured, Defendant Riley's argument that the action against him is unsupportable on the record must fail. The following order will therefore be entered: Defendant Ronald A. Riley's Brief in Support of Motion for Summary Judgment Pursuant to Rule 1035.2 Pa. R. C. P." has recently been received from Defendant. ORDER OF COURT AND NOW, thisg(sltday of August, 2000, upon consideration of Defendant Riley's Motion for Summary Judgment Pursuant to Rule 1035.2, Penna. R-ules¥-of Civil Procedure, and for the reasons stated in the accompanying opinion, Defendant's motion for summary judgment is denied. Robert B. Lieberman, Esq. 12th Floor 500 N. Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 Attomey for Plaintiff Ronald A. Riley, AK-8743 1100 Pike Street Huntingdon, PA 16654-1112 Defendant, Pro Se Mr. Robert M. Mraz 3653 Chestnut Street Camp Hill, PA 17011 Defendant, Pro Se :rc BY THE COURT, J. Wesley Oler, Jr., '-] J.