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CHRYSLER FIRST BUS. CREDIT CORP. v. GOURNIAK

411 Pa.Super. 259 (1992)

601 A.2d 338

CHRYSLER FIRST BUSINESS CREDIT CORP. v. James M. GOURNIAK, Andrea R. Gourniak and the United States of America. Appeal of: James M. GOURNIAK and Andrea R. Gourniak.

Superior Court of Pennsylvania.

Filed January 6, 1992.

Attorney(s) appearing for the Case

Keith R. Pavlack, Philadelphia, for appellant.

Samuel A. Scott, Macungie, for appellees.

Before CAVANAUGH, POPOVICH and HOFFMAN, JJ.

HOFFMAN, Judge:

This is an appeal from the order striking appellants', James and Andrea Gourniak's, new matter and counterclaims in a mortgage foreclosure action. Appellants contend that the trial court erred in finding that their new matter and counterclaims were not part of or incident to the underlying mortgage and thus improperly pled under Rule 1148 of the Rules of Civil Procedure. For the following reasons, we affirm.

On August 20, 1990, Appellee, Chrysler...

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