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DAUPHIN DEPOSIT BANK AND TRUST COMPANY v. WILLIAM B. TENNY AND SHIRLEY A. TENNY (07/31/86)

filed: July 31, 1986.

DAUPHIN DEPOSIT BANK AND TRUST COMPANY
v.
WILLIAM B. TENNY AND SHIRLEY A. TENNY, HIS WIFE AND WM. B. TENNY, INC., APPELLANTS



Appeal from the Judgment entered in the Court of Common Pleas of Cumberland County, Civil Division, No. 3624 Civil 1978

COUNSEL

William B. Tenny, Camphill, appellants, in pro. per.

James D. Flower, Lemoyne, for appellee.

Cirillo, President Judge, and Tamilia and Hester, JJ.

Author: Tamilia

[ 355 Pa. Super. Page 340]

Appellants appeal a final Order, dated July 8, 1985, granting summary judgment for appellees and denying the relief requested by appellants.

This case has a long and complicated procedural history which involves numerous journeys through the appellate courts. On July 16, 1974, William B. Tenny, Inc. (corporation) executed a mortgage for $80,000 to appellee, Dauphin Deposit Bank and Trust Company.*fn1 On February 9, 1977, appellee initiated foreclosure proceedings against appellant corporation. Appellant filed an answer admitting default but contesting the reasonableness of a demand for attorney's commissions.*fn2 Dauphin Deposit Trust Co. v. Tenny, 27 Cumberland L.J. 356, 357 (1977). The lower court in that case found that appellants admitted the existence of the mortgage and its terms and conditions and the court concluded the attorney's fees were reasonable. Appellant's appeal to this Court was dismissed. Appellee entered judgment against appellant and issued a writ of execution. The corporate property was purchased by appellee on June 15, 1978 at a sheriff's sale.

On July 3, 1978, Mr. Tenny filed a mechanic's lien against the corporate property and on July 14 he filed a petition to set aside the sheriff's sale. On July 31, 1978, the sheriff's deed to the corporate property was delivered to appellee. On December 5, 1978, the lower court ordered the striking

[ 355 Pa. Super. Page 341]

    of the mechanic's lien and dismissed the petition to set aside the sheriff's sale, finding that Mr. Tenny was not a party in interest to the corporate foreclosure. Mr. Tenny then appealed the lower court Orders striking the mechanic's lien and dismissing his petition to set aside the sheriff's sale of the corporate property; the Superior Court affirmed the Orders, in separate actions, and the Supreme Court refused allocatur.

On December 12, 1978 appellee filed a complaint and amended complaint to quiet title and obtain possession of the corporate property. Appellee brought the quiet title action against the appellant corporation and joined the individual appellants because they appeared to be in actual possession of part of the premises.

After a non-jury trial the lower court held appellee was entitled to a judgment for possession. Appellants' exceptions were denied and appellants again appealed, and again the Superior Court affirmed the lower court. Our Court held the individuals did not have standing as parties in interest to prosecute the appeal because the issue concerning the mortgage, mortgage foreclosure, sheriff's sale and quiet title action involved the corporate property. As to the issues raised by the corporation as appellant, our Court held collateral estoppel barred the corporation from relitigating the validity of the mortgage and dismissed the corporation's challenges to the sheriff's sale.

On January 7, 1985, appellee filed for a writ of possession for the corporate property. On February 4, 1985, appellants filed a petition for declaratory judgment and other relief. In their petition for a declaratory judgment, the appellants urged that the mortgage instrument involving the corporate property be declared void and all actions brought under it barred. Appellants first argued they had paid the mortgage debt on the corporate property, but that ...


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