No. 1957 October Term, 1977, Appeal from Order of the Court of Common Pleas of Philadelphia County, Trial Division, at No. 4840 August Term, 1976.
Benjamin Pomerantz, Philadelphia, for appellant.
James D. Rosen, Philadelphia, for appellee.
Van der Voort, Hester and Wieand, JJ. Wieand, J., files a concurring opinion.
[ 270 Pa. Super. Page 343]
This is an appeal from an order of the Court of Common Pleas of Philadelphia County striking a judgment entered by confession.
Appellant filed a judgment note in August of 1976 and after damages were assessed, a writ of execution issued on September 1, 1976.
Forty-four days later, appellee filed a petition to open and/or strike the previously entered judgment. Appellant filed an answer and new matter.
On April 6, 1977, the lower court struck the judgment by the following order:
"AND NOW, this 6th day of April, 1977, it is hereby Ordered and Decreed that the judgment entered by confession in this matter shall be stricken.
Defendant shall have 20 days from the date of this Order within which to file a responsive pleading to the Complaint."
On April 27, 1977, appellant praeciped to enter judgment for failure of appellee to file a responsive pleading. On May 6, 1977, appellant praeciped for a writ of execution. On
[ 270 Pa. Super. Page 344]
June 21, 1977, appellee petitioned to open/or strike the judgment.
The lower court by the following order, struck the judgment:
"AND NOW, to-wit, this 17th day of June, 1977, upon consideration of the defendant's Petition to Strike Judgment in the above captioned matter, it is Ordered and Decreed that:
1) The Order of this Court entered on April 6, 1977 is hereby vacated;
2) The Judgment entered by Default on April 27, 1977 pursuant to the aforementioned Order is hereby stricken;
3) The Writ of Execution filed on May 6, 1977 is hereby stricken;
4) The pleadings in this matter shall be limited to the following:
a) Plaintiff's Complaint for Confession of Judgment, Averment of Default and ...