Ford Motor Credit Co. v. Caiazzo

KELLY, Judge:

Appellants, Anthony and Josephine Caiazzo, appeal from an order sustaining the preliminary objections of appellee, Ford Motor Credit Corporation, and dismissing the Caiazzo’s answer, new matter, and counterclaim. The trial court, applying this Court’s decision in Ford Motor Credit Corp. v. Dunsmore, 374 Pa.Super. 303, 542 A.2d 1033 (1988), reasoned that Caiazzos’ claims were not properly cognizable in this replevin action. We find Ford Motor Credit Corp. v. Dunsmore, supra, materially distinguishable based upon appellant’s assertion of a purchase money security interest under 13…