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REARICK v. ELDERTON STATE BANK

No. 906 WDA 2013.

97 A.3d 374 (2014)

2014 PA Super 157

Mark A. REARICK, Appellant v. ELDERTON STATE BANK, Appellee.

Superior Court of Pennsylvania.

Filed July 23, 2014.

Attorney(s) appearing for the Case

Aurelius P. Robleto , Pittsburgh, for appellant.

Donna M. Doblick , Pittsburgh, for appellee.

BEFORE: SHOGAN, J., OLSON, J., and WECHT, J.

OPINION BY WECHT, J.:

Mark A. Rearick appeals the trial court's order sustaining the preliminary objections of Elderton State Bank ("ESB") on the basis of res judicata, arising from a prior judgment of foreclosure entered in favor of ESB and against Rearick. The trial court agreed with ESB that Rearick's claims in the instant action, in substance, constituted affirmative defenses or counterclaims relative to the foreclosure action. With one minor exception...

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