Penn Mutual Life Insurance v. Finkel

Opinion by

Mr. Justice Eagen,

This case involves three appeals from an order of the Court of Common Pleas of Philadelphia County allocating the proceeds of a sale in a mortgage foreclosure action. The foreclosure was instituted by the Penn Mutual Life Insurance Company, holder of a mortgage given by Louis Finkel, record owner of the property. In dispute is the allocation of that portion of the proceeds of sale in excess of the mortgage debt, foreclosure costs and local property taxes due.

Herman Werner filed a petition for distribution in the court below in which he claimed one-sixth of the fund…