Mellon Bank v. Joseph

MARKER, J.,

This matter comes before this honorable court en banc as a result of the *670Mellon Bank, N.A., filing a motion for summary judgment based upon the pleadings. A history of the case is warranted.

On July 31, 1972, James H. Joseph and Carol H. Joseph, then husband and wife, executed and delivered to plaintiff, Mellon Bank, N.A., a mortgage on property owned by them in Westmoreland County, Pennsylvania. In 1976, during divorce settlement negotiations involving the Josephs, James H. Joseph approached Mellon Bank, N.A., with regard to obtaining an assignment of the mortgage to himself.…