No. 1747 Philadelphia, 1980, Appeal from order of the Court of Common Pleas, Civil Division, of Montgomery County at No. 78-20004.
Joel W. Culp, appellant, in pro. per.
Wilma B. Culp, appellant, in pro. per.
Robert D. Culp, appellant, in pro. per.
Arnold R. Lieberman, Philadelphia, for appellee, Commercial Banking Corp.
Peter McGonigle, Philadelphia, for appellee, Indus. Valley Bank and Trust Co.
Spaeth, Cavanaugh and Lipez, JJ. Lipez, J., files dissenting statement.
[ 297 Pa. Super. Page 346]
This is an appeal from an order denying appellants' petition for nunc pro tunc joinder of an additional party. Such an order is a final order and appealable pursuant to Rule 341(a), Pennsylvania Rules of Appellate Procedure.*fn1
Our inquiry must begin with a review of the facts and the pleadings. On June 14, 1974, Joel W. Culp and his wife, Wilma B. Culp, appellants herein, placed a mortgage on their property at 1015 Pecan Drive, Lansdale, Pennsylvania, with Industrial Valley Bank (hereinafter "IVB"), appellee herein. IVB immediately transferred the mortgage to Commercial Bank Corporation (hereinafter "CBC").
In 1976 the Culps conveyed the mortgaged premises to their son, Robert D. Culp, also an appellant herein. In November 1977, Joel and Wilma Culp defaulted upon the CBC mortgage and on November 13, 1978, CBC filed a complaint in foreclosure against all appellants.*fn2 Robert
[ 297 Pa. Super. Page 347]
Culp filed preliminary objections attacking the validity of service of the CBC complaint.*fn3 Thereafter Joel and Wilma Culp filed a writ to join IVB as an additional defendant. Appellants had the writ reinstated under Pa.R.Civil P. 1010 and, on March 6, 1979, sought to serve Kenneth A. ...