Rearick v. Elderton State Bank

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, we disagree. Consequently, we affirm the trial court’s order in part, reverse in part, and remand for further proceedings.

The trial court’s…