Appeals, Nos. 136 and 144, April T., 1957, from order of Court of Common Pleas of Somerset County, No. 105 C.D. 1954, in case of United States National Bank in Johnstown et al. v. Verdine Drabish. Order reversed.
Earl F. Glock and George R. Sewak, Assistant United States Attorney, with them Donald C. Bush, Assistant United States Attorney, Hubert I. Teitelbaum, Acting United States Attorney, Clarence L. Shaver, Harry Doerr, Nathaniel A. Barbera, and Shaver, Heckman & Barbera, for appellants.
Frank S. Lucente, for appellees.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 187 Pa. Super. Page 170]
These two appeals were taken from an order making absolute a rule to show cause why a judgment by confession entered against defendants on their judgment note should not be opened.
[ 187 Pa. Super. Page 171]
On December 18, 1953 the defendants, John Drabish and Verdine Drabish, entered into and signed a written contract for the installation of a heating system in their home by the General Distributing Company. The defendants did not have the means to pay for the improvement in cash and therefore made a written application to the United States National Bank in Johnstown (hereinafter called "bank") to obtain credit under the terms of Title 1 of the National Housing Act. At the same time the defendants also signed a separate judgment note to be used to raise money for payment of the contractor. The heating system was installed during the month of January 1954 and was completed on February 1, 1954, at which time the defendant signed an FHA Title 1 completion certificate, the material part of which reads as follows:
"FHA TITLE 1 COMPLETION CERTIFICATE
(Work Done or Materials Delivered)
To: United States National Bank in ...