Gordy v. Preform Building Components, Inc.

OPINION

TAYLOR, Judge.

This is an action of scire facias sur mortgage to foreclose a mortgage executed by defendant in favor of plaintiffs. Subsequent to answer, and during the pen-dency of plaintiffs’ motion for summary judgment, defendant has moved for permission to file a counterclaim seeking judgment against the individual plaintiffs based upon an indemnity agreement whereby the individual plaintiffs agreed to indemnify defendant against certain claims which are now in litigation in Pennsylvania. The indemnity agreement and claims were not a part of the mortgage transaction which is the…