ESB BANK v. JAMES E. MCDADE A/K/A JAMES E. MCDADE JR. AND JEANNE L. MCDADE APPEAL OF: JEANNE L. MCDADE

ESB BANK v. JAMES E. MCDADE A/K/A JAMES E. MCDADE JR. AND JEANNE L. MCDADE APPEAL OF: JEANNE L. MCDADE No. 1593 WDA 2009 2010 PA Super 144 Atlantic: n/a Filed: 8/6/2010
	Appeal from the Order Entered August 19, 2009, in the Court of Common Pleas of Washington County, Civil Division, at No 2005-9185.
Before: BENDER, BOWES, and COLVILLE, JJ.
Opinion by: BOWES, J.
Jeanne L. McDade (“Appellant”) appeals the order entered on August 19, 2009, wherein the trial court denied her petition to open and/or strike the confessed judgment entered against her and in favor of ESB Bank (“ESB”). We reverse

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US BANK N.A. AS TRUSTEE FOR RESIDENTIAL FUNDING CO., LLC, v. PAMELA MALLORY AND JAMALL ROUNDTREE APPEAL OF: PAMELA MALLORY

US BANK N.A. AS TRUSTEE FOR RESIDENTIAL FUNDING CO., LLC, v. PAMELA MALLORY AND JAMALL ROUNDTREE APPEAL OF: PAMELA MALLORY No. 1924 EDA 2008 2009 PA Super 182 Atlantic: n/a Petition for Reargument Denied 11/24/2009 Filed: 9/14/2009
	Appeal from the Order Entered June 4, 2008 In the Court of Common Pleas of Philadelphia County Civil at No(s): No. 001461 November Term, 2007
Before: STEVENS, KLEIN, and KELLY, JJ.
Opinion by: STEVENS, J.
This is an appeal from the order entered in the Court of Common Pleas of Philadelphia County denying Appellant Pamela Mallory’s petition to strike and/or open the default judgment entered in favor of Appellee US Bank, N.A., as Trustee for Residential Funding Co., LLC. Appellant contends (1) the default judgment should have been stricken since the failure to plead properly an assignment of mortgage in a mortgage foreclosure action is a fatal defect apparent on the face of the record; (2) Appellee did not have standing to bring the instant mortgage foreclosure action, and consequently, the default judgment should be stricken; (3) the trial court erred in denying Appellant’s petition to open the default judgment without considering Appellant’s defenses to the action; and (4) the default judgment should be opened since Appellant met all prongs necessary for the opening of default judgments. We affirm.

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DONALD LEVITT, M.D. v. CRAIG PATRICK, NELSON GOLDBERG AND MARSHA GOLDBERG

DONALD LEVITT, M.D. v. CRAIG PATRICK, NELSON GOLDBERG AND MARSHA GOLDBERG No. 1372 WDA 2007 2009 PA Super 117 Atlantic: n/a Filed: 6/30/2009
	Appeal from the Judgment entered August 7, 2006 In the Court of Common Pleas of ALLEGHENY COUNTY Civil Division at GD No. 01-15053
Before: KLEIN, POPOVICH, and FITZGERALD,* JJ.
Opinion by: FITZGERALD, J.
Appellant, Donald Levitt, M.D. (“Levitt”), appeals from the judgment entered in favor of Appellee, Craig Patrick (“Patrick”), in the Court of Common Pleas of Allegheny County. We hold that a claim need not be discontinued with prejudice for this Court to have jurisdiction to entertain an appeal. We further hold that under the unique facts and circumstances of this case, the action to set aside a sheriff’s sale raised issues different than the instant action of mortgage foreclosure. We finally hold that a terre-tenant actually aware of an outstanding mortgage shares an obligation to repay that mortgage. We reverse the July 5, 2007 order denying post-trial relief, vacate the judgment, and remand for a new trial.

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Superior Court - DONALD J. WEISS & ASSOCIATES, P.C. v. DONALD TULLOCH, III and LINDA TULLOCH, h/w

DONALD J. WEISS & ASSOCIATES, P.C. v. DONALD TULLOCH, III and LINDA TULLOCH, h/w No. 553 EDA 2008 2008 PA Super 259 Atlantic: 961 A.2d 862 Petition for Reargument Denied 12/23/2008 Filed: 10/30/2008
	Appeal from the Judgment of January 29, 2008, in the Court of Common Pleas of Delaware County, Civil Division at No. 05-51891
Before: PANELLA, DONOHUE and COLVILLE, JJ.
Opinion by: COLVILLE, J.
Donald and Linda Tulloch (“the Tullochs”) appeal the judgment entered in favor of Donald Weiss & Associates, P.C. (“Weiss”) in mortgage foreclosure. The issues are: (1) whether the trial court erred by not finding the mortgage held by Weiss to be illegal and thus unenforceable against the Tullochs and (2) whether the trial court erred by failing to find that the debt underlying the mortgage in question had been paid. We vacate and remand.

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