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CENTURY CREDIT COMPANY v. JONES ET AL. (09/12/61)

September 12, 1961

CENTURY CREDIT COMPANY
v.
JONES ET AL., APPELLANTS.



Appeal, No. 228, Oct. T., 1961, from order of Municipal Court of Philadelphia County, March T., 1960, No. 10619-D, in case of Century Credit Company v. Althea H. Jones et al. Order reversed.

COUNSEL

William A. Goichman, with him Rosenzweig, Krimsky & Goichman, for appellant.

Tobias Goldberg, with him Goldberg & Gever, for appellee.

Before Ervin, Weight, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Watkins

[ 196 Pa. Super. Page 211]

OPINION BY WATKINS, J.

This is an appeal by Provident Tradesmens Bank and Trust Company, guardian of Thomas E. Jones, an incompetent, the defendant-appellant, from an order of the Municipal Court of Philadelphia, discharging the petition to strike off a judgment, entered by confession against Thomas E. Jones and Althea H. Jones, his wife, in the amount of $3002.48 by Century Credit Company, the plaintiff-appellee, for certain improvements to the real estate of the defendants.

On May 9, 1960, Arrow Products Company entered into a contract with the defendants to make certain alterations, additions, repairs and improvements to their real estate located at No. 6051 Kershaw Street, Philadelphia. Title had been taken to this property in their names on March 30, 1959. Arrow Products Company assigned the judgment note to the plaintiff company and it was entered on May 12, 1960. An assessment of damages was made on November 16, 1960, in the principal sum of $2666.40 and in the total amount of $3002.48.

[ 196 Pa. Super. Page 212]

The appellant filed its petition to strike off the judgment on January 5, 1961 in which a number of reasons were alleged as grounds for the granting of the motion. However, we intend only to consider the question whether a judicially declared incompetent can confess judgment.

At the hearing on the petition to strike off the judgment the record of the Court of Common Pleas No. 3, which on December 21, 1920, after hearing, determined that the defendant, Thomas E. Jones, was a weak-minded person was properly introduced into evidence. Mullen v. Slupe, 360 Pa. 485, 489, 62 A.2d 14 (1948); Pa. R.C.P.No. 1019(g). The record showed that the Commonwealth Title Insurance and Trust Company was appointed his guardian and was succeeded, as a result of merger proceedings, by Provident Tradesmens Bank and Trust Company. There is no record of his having regained his competency.

The Act of February 28, 1956, P.L. 1154, Art. V, Sec. 511, as amended, 50 PS ยง 3511 (Pocket Parts), known as the Incompetents' Estates Act, provides: "An incompetent shall be incapable of making any contract or gift or any instrument in writing after he is adjudged incompetent and before he is adjudged to have regained his competency. This section shall not impair the interest in real estate acquired by a bona fide grantee of, or bona fide holder of a lien on, real estate in a county other than that in which the decree establishing the incompetency is entered, unless the decree or a duplicate original or certified copy thereof is recorded in the office of the recorder of deeds in the county in which the real estate lies before ...


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