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MERITOR SAV. BANK v. BARONE

399 Pa.Super. 213 (1990)

582 A.2d 21

MERITOR SAVINGS BANK f/k/a Philadelphia Savings Fund Society, Appellee, v. Carmen BARONE and Marian Barone, h/w and Howard McClurd and Germantown Insurance Co., Appellee. Appeal of Carmen and Marian BARONE, Appellants.

Supreme Court of Pennsylvania.

Filed November 8, 1990.

Attorney(s) appearing for the Case

James J. DeMarco, Philadelphia, for appellants.

Paul J. Gelman, Philadelphia, for Meritor Sav., appellee.

Before OLSZEWSKI, DEL SOLE and HUDOCK, JJ.

DEL SOLE, Judge:

Appellants appeal a trial court order which granted Meritor Savings Bank's (the Bank's) motion for Summary Judgment in a mortgage foreclosure action and dismissed Appellants' New Matter/Counterclaim. Appellants contend that the trial court "properly granted summary judgment on the debt but erred when it dismissed [their] Counterclaim." Appellants' Brief at iii. We agree with Appellants' contention and reverse the trial court order dismissing their...

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