No. 436 March Term, 1977, Appeal from the Order entered July 11, 1977, of the Court of Common Pleas of York County, Pennsylvania, Civil Action-Law Division, at No. 77-N-258.
Gibson Smith, Jr., York, for appellant.
No appearance entered nor brief submitted for appellee.
Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Hoffman, J., did not participate in the consideration or decision of this case.
[ 259 Pa. Super. Page 231]
This is an appeal from the lower court's refusal to strike a default judgment.
The facts are as follows: On January 19, 1977, appellee Florida Crab House, Inc. caused said judgment to be entered against appellant pursuant to a boilerplate confession of judgment clause contained in a judgment note executed by appellant in conjunction with an agreement of sale wherein appellant agreed to purchase the stock of appellee corporation for $229,000.00. The note was intended as a down payment for the stock.
On April 22, 1977, the lower court issued a rule upon appellee to show cause why the judgment should not be stricken. Discovery consisted of the taking of the depositions of appellant and the President of appellee corporation (Kenneth J. Ruth).
Thereafter, the court issued an Opinion and Order denying appellant's Petition to Strike. Hence the within appeal.
We find the lower court abused its discretion and accordingly reverse.
The lower court sua sponte considered appellant's petition as a Petition to Open and not as a Petition to Strike.
[ 259 Pa. Super. Page 232]
In its Opinion, the court held, in ...