Schmitt v. John H. Auld & Bros. Co. (In Re R.A. Beck Builders, Inc.)

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Presently before the Court is a Motion For Summary Judgment filed by the Third Party Defendants, the Register And Recorder of Butler County, the Butler County Commissioners, and the Register of Butler County. The issue presented is whether the Third Party Defendants can be found liable for damages resulting from a properly recorded, but misindexed deed to real property. Based upon Pennsylvania law, which we are bound to apply, we find that the Third Party Defendants are immune from liability for such damages, and their Motion For Summary…