Appeal, No. 117, Oct. T., 1961, from order of Municipal Court of Philadelphia County, Dec. T., 1959, No. 8552-B, in case of Alliance Discount Corp. v. Bernard T. Shaw et al. Order affirmed.
Harvey S. Luterman, with him Banks, Banks & Luterman, for appellant.
John J. Cahill, for appellee.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 195 Pa. Super. Page 602]
This is an appeal from an order of the Municipal Court of Philadelphia, making absolute a rule to open a judgment entered by confession by the plaintiff-appellant, Alliance Discount Corp., against the defendants-appellees, Bernard T. Shaw and Katherine F. Shaw.
The facts are as follows: On January 22, 1960, the defendants purchased from Countrywide Motors, a 1957 Cadillac automobile for a cash sale price of $3440. At the same time they executed an installment sale contract in the total sum of $4962.71.The difference
[ 195 Pa. Super. Page 603]
in the cash sale price and the installment price is represented by recording costs, life and car insurance, and the financing charges of $1095.85. The defendants made a down payment of $445 so that the balance covered by the contract was 4517.71. They also executed a detachable one-day judgment note which was a part of the installment sales contract form and which was for the purpose of securing payment. The contract and judgment note were assigned by the seller to the plaintiff-appellant.
The plaintiff entered judgment on the note on February 5, 1960; and on April 6, 1960, the automobile was repossessed and sold at private sale on May 31, 1960 for $1800. The judgment remained unsatisfied.
The defendant, Katherine F. Shaw, now separated from her husband, filed her petition to open the judgment on October 10, 1960, averring as her defense, inter alia, that the plaintiff failed to give notice of the intention to resell the automobile and failed to give the petitioner any notice of the time and place of sale, as required by the Uniform Commercial Code, as amended, 1959, P.L. 1023, § 9, 12A PS § 9-504(3), which failure was admitted by the plaintiff.
The provision of the Uniform Commercial Code, supra, pertinent to the question, reads as follows: "(3) Disposition of the collateral may be by public or private proceedings and may be made by way of one or more contracts. Sale or other disposition may be as a unit or in parcels and at any time and place and on any terms but every aspect of the disposition including the method, manner, time, place and terms must be commercially reasonable. Unless collateral is perishable or threatens to decline speedily in value or is a type customarily sold on a recognized market, reasonable ...