Reuter v. Citizens & Northern Bank

599 A.2d 673, 410 Pa. Super. 199, 16 U.C.C. Rep. Serv. 2d (West) 787, 1991 Pa. Super. LEXIS 3521
CourtSuperior Court of Pennsylvania
DecidedNovember 18, 1991
Docket00597
StatusPublished
Cited by36 cases

This text of 599 A.2d 673 (Reuter v. Citizens & Northern Bank) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reuter v. Citizens & Northern Bank, 599 A.2d 673, 410 Pa. Super. 199, 16 U.C.C. Rep. Serv. 2d (West) 787, 1991 Pa. Super. LEXIS 3521 (Pa. Ct. App. 1991).

Opinion

CERCONE, Judge:

This is an appeal from a judgment entered in favor of appellee. For the reasons appearing below, we affirm.

Appellant, Donald Reuter, is an attorney licensed in the Commonwealth of Pennsylvania, who personally guaranteed a loan made to Donald Simons by Citizens and Northern Bank. Appellant contends that he thereby obtained a security interest in a 1974 Piper Navajo airplane titled to Mr. Simons, doing business as Towanda Aviation Service. Because of financial difficulties encountered by Towanda Aviation, the Piper Navajo was sold in January of 1985. Although appellant was present at the meeting where Mr. Simons and his creditors decided to sell the airplane, appellant was not given written notice prior to the sale of the collateral. Unfortunately for Mr. Simons’ creditors, the proceeds received from the sale of the Piper Navajo were insufficient to eliminate his entire indebtedness.

Appellant subsequently instituted an action against appellee, Citizens and Northern Bank, claiming that appellee violated his rights by failing to notify him in advance of the repossession and sale of the airplane. A non-jury trial was held before the Honorable Robert M. Kemp, specially presiding, in November of 1989. A verdict was entered in favor of appellee on January 26, 1990. Appellant’s motion for post-trial relief was dismissed September 7, 1990 and *204 this appeal ensued one week later. Final judgment was not entered on this case until October of 1990. 1

As an initial matter, we must consider our jurisdiction to hear the appeal. A verdict in a non-jury trial is not appealable until the entry of judgment on the verdict. Black Top Paving Co., Inc. v. John Carlo, Inc., 292 Pa.Super. 404, 437 A.2d 446 (1981). However, a case in which the notice of appeal was filed prior to entry of judgment is still validly before the appellate court. Arcadia Co., Inc. v. Peles, 395 Pa.Super. 203, 207, 576 A.2d 1114, 1116 (1990). Appellate jurisdiction may be perfected after the notice of appeal has been filed upon docketing of a final judgment. Id. In the instant case, our jurisdiction has been perfected via an entry of final judgment. We may therefore proceed to examine the merits of the claims raised.

Appellant has presented five issues for our consideration: (1) whether appellant had a security interest in the collateral sold by appellee; (2) whether appellant was entitled to notice of the sale; (3) whether the sale of the airplane was conducted in a reasonable manner by appellee; (4) whether appellant suffered financial injury as a result of the actions of appellee; and (5) whether appellant’s expert witness was improperly precluded by the lower court from testifying as to the values of airplanes listed in the pertinent trade journals. The analysis of the first and second claims, as well as that pertaining to the third and fourth claims, has been intertwined. We shall therefore address these arguments together.

Appellant first argues that he had a valid security interest in the Piper Navajo airplane. However, the trial *205 court made an explicit finding of fact that appellant did not perfect a security interest by complying with the Pennsylvania Commercial Code. Lower court opinion of January 26, 1990 at 6. The factual findings of a trial judge sitting without a jury carry the same weight as a jury verdict, and we will not disturb those findings on appeal absent an error of law or abuse of discretion. Arcadia Co., Inc. v. Peles, 395 Pa.Super. at 208, 576 A.2d at 1116. We must accept the findings of the court below with respect to the credibility of witnesses. Id.

Appellant contends that he is entitled to secured party status because discussions between himself and a bank officer indicated that both parties agreed he would be a secured party. He cites Bonczek v. Pascoe Equipment Co., 304 Pa.Super. 11, 450 A.2d 75 (1982) as support for his position that the existence of a security interest depends upon the intention of the parties to a transaction. We agree with appellant that Bonczek contains the following statement: “[Wjhether a security interest exists initially depends upon the intent of the parties to the transaction.” Id., 304 Pa.Superior Ct. at 19, 450 A.2d at 79 (emphasis added). It is nevertheless absurd to argue, based on a single statement removed from its context, that the Bonczek court intended to abrogate the entirety of Division 9 of our Commercial Code. Bonczek simply means that when determining whether a security agreement exists, the intent of the parties is one of the factors to be considered.

The term “security interest” is defined as an interest in personal property or fixtures which secures payment or performance of an obligation. 13 Pa.C.S.A. § 1201. As appellant correctly states, the rights, obligations and remedies available to the obligor and the obligee are applicable whether title to collateral is in the secured party or in the debtor. Id. § 9202. However, an enforceable security interest is created and attaches only after three specific events transpire: (1) the collateral is either in the possession of the secured creditor or the debtor has signed a security agreement which contains a description of the *206 collateral; (2) value has been given; and (3) the debtor has rights in the collateral. Id. §§ 9203(a)(1), (2), (3) and (b); Kendrick v. Headwaters Production Credit Association, 362 Pa.Super. 1, 4-5, 523 A.2d 395, 397 (1987), allocatur denied, 515 Pa. 614, 530 A.2d 867 (1987). A “security agreement,” as contemplated by section 9203(a)(1), supra, is “[a]n agreement which creates or provides for a security interest.” 13 Pa.C.S.A. § 9105.

The findings of fact made by the lower court included an explicit ruling that appellee bank was a secured party with respect to the airplane because it had satisfied the requirements of section 9203, supra. Further, appellee had perfected its security interest by filing a financing statement in the Federal Aviation Administration Office in Oklahoma City, Oklahoma. See id., § 9103(c) (Perfection of security interests in multiple state transactions; Accounts, general intangibles and mobile goods (including airplanes)). However, the trial judge found that appellant was neither a party to a valid or enforceable security agreement, nor was he in possession of the collateral. Judge Kemp additionally determined that appellant had actually declined appellee’s offer for assignment of its security interest under section 9405 of the Commercial Code. See id. § 9405 (Assignment of security interest; duties of filing officer).

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Bluebook (online)
599 A.2d 673, 410 Pa. Super. 199, 16 U.C.C. Rep. Serv. 2d (West) 787, 1991 Pa. Super. LEXIS 3521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reuter-v-citizens-northern-bank-pasuperct-1991.