Bloomsburg Bank Columbia Trust Co. v. Mensch

RANCK, P.J.,

Before this court are defendants’ preliminary objections to late charges in plaintiffs’ complaint in this mortgage *657foreclosure case. Pa.R.C.P. 1141 and 1146 dictate that an in rem action on the mortgage cannot be brought in conjunction with the action in personam on the note; thus, the late charges must be stricken from the complaint. These charges may be recovered in a later action on the note.

The plaintiffs, mortgagees, filed a complaint in mortgage foreclosure against the defendants, mortgagors, on May 8, 1989. Preliminary objections were filed on June 21, 1989, and the…