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HENRY BUCZEK AND JEANNE BUCZEK v. FIRST NATIONAL BANK MIFFLINTOWN AND J. ALAN ZENDT (10/02/87)

filed: October 2, 1987.

HENRY BUCZEK AND JEANNE BUCZEK
v.
FIRST NATIONAL BANK OF MIFFLINTOWN AND J. ALAN ZENDT



Appeal from the Order entered on June 4, 1986 in the Court of Common Pleas of Juniata County, Civil Division, at No. 468 of 1984.

COUNSEL

Jesse J. Cooper, Harrisburg, for appellant.

Thomas A. French, Harrisburg, for Zendt, appellee.

Wieand, Beck and Cercone, JJ.

Author: Beck

[ 366 Pa. Super. Page 553]

This is a civil action based on a four-count Complaint filed by plaintiff-appellants, Henry and Jeanne Buczek (Buczeks), against defendant-appellees First National Bank of Mifflintown (Bank) and J. Alan Zendt (Zendt), an officer of the Bank. The Bank and Zendt both filed preliminary objections in the nature of a demurrer. This is an appeal from the trial court's order sustaining both defendant-appellees' preliminary objections and dismissing the Buczeks' Complaint. We affirm.

On June 29, 1979, the Buczeks purchased certain real estate located in Juniata County known as the "Hetrick Farm." The purchase was financed in its entirety by a loan from the Bank, which was arranged by Zendt. The loan was secured by a first mortgage in favor of the Bank against the property. According to the Complaint, there followed a course of dealings between the Buczeks and Zendt whereby the Buczeks attempted to satisfy their obligation to the Bank through various payments and refinancing arrangements.

The Complaint further states that, in the fall of 1980, the Buczeks entered into an agreement to sell the "Hetrick Farm" to Mr. Deamer. The agreement is alleged to have been contingent upon financing. According to the Complaint,

[ 366 Pa. Super. Page 554]

    when Mr. Deamer applied to the Bank for a purchase money mortgage, Zendt required additional collateral to secure the loan. Deamer refused to put up this collateral, and the sale fell through. The Buczeks contend that the demand for additional security was unreasonable, given Deamer's financial situation. They claim that because of Zendt's refusal to make the loan without additional collateral, the Buczeks were unable to sell the farm until March, 1984, causing them damages in the amount of the interest paid on the mortgage in the interim. The Buczeks further allege that from January, 1980 to the spring of 1983, Zendt engaged in a course of harassment of the Buczeks that was designed to allow him to obtain for himself various properties of the Buczeks at a price well below fair market value. The Buczeks seek compensatory and punitive damages.

The Buczeks' Complaint demands judgment on four counts. The trial court sustained defendant-appellees' demurrers on the basis that none of the counts stated a cause of action. The court explained its order in a two-page Memorandum Opinion filed June 4, 1986. On appeal, the Buczeks challenge that ruling as to each count by stating the following questions:

A. Does count I of Plaintiffs' complaint state a cause of action against the defendants for an accounting?

B. Does Count II of Plaintiffs' complaint state a cause of action against the defendants arising from defendants' alleged unjustified refusal to grant ...


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