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FRANK LAZZAROTTI AND NORMA LAZZAROTTI v. JOHN J. JULIANO (11/25/83)

filed: November 25, 1983.

FRANK LAZZAROTTI AND NORMA LAZZAROTTI,
v.
JOHN J. JULIANO, APPELLANT



NO. 1795 Philadelphia, 1982, Appeal from the Order of the Court of Common Pleas of Delaware County, Civil Division, at No. 80-12792.

COUNSEL

Neil H. Stein, Philadelphia, for appellant.

Joseph Thomas Mattson, Upper Darby, for appellees.

McEwen, Cirillo and Hoffman, JJ.

Author: Mcewen

[ 322 Pa. Super. Page 132]

Appellant, John J. Juliano, seeks review of an order dismissing a petition to open a judgment confessed against him by appellees, Frank and Norman Lazzarotti. We affirm the order of the venerable Judge John V. Diggins which dismissed the petition to open due to the failure by appellant to produce any evidence of a meritorious defense requiring submission of the issues to a jury.

Appellees filed a complaint in confession of judgment against appellant on September 22, 1980, pursuant to a $7,000.00 judgment note signed by appellant on September 13, 1973. See Pa.R.C.P. 2951(b). Judgment was thereupon entered against appellant in the sum of $11,270.00.*fn1 Notice of the entry of the judgment was given to appellant pursuant to Pa.R.C.P. 236.*fn2 Appellant filed a petition to open the judgment on June 9, 1981. The petition filed by appellant sought to raise the following defenses to the judgment:

"a) the said action is barred by the applicable statute of limitations . . . as said action was based on an alleged note dated September 13, 1973.

     b) that any monies given were given as gifts.

     c) that in any possible event, petitioner's wife is equally liable.

     d) that in any possible event there has been accord and satisfaction."

Appellees filed an answer to the petition on June 23, 1981, and, inter alia, denied as conclusions of law the defenses asserted by appellant. No further action was taken by any of the parties ...


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