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COLUMBIA COUNTY FARMERS NATIONAL BANK ORANGEVILLE v. JAMES S. FORNEY AND JOAN N. FORNEY (11/22/85)

filed: November 22, 1985.

COLUMBIA COUNTY FARMERS NATIONAL BANK OF ORANGEVILLE, PA., APPELLANT,
v.
JAMES S. FORNEY AND JOAN N. FORNEY, APPELLEES



Appeal from the Order entered on October 4, 1984, in the Court of Common Pleas of Luzerne County, Civil Division, at Nos. 1113-N, 1114-N of 1980.

COUNSEL

Rosenn, Jenkins & Greenwald, Donald H. Brobst, and Edward A. Monsky, Wilkes-Barre, for appellant.

Hourigan, Kluger, Spohrer, Quinn & Myers, P.C., Arthur L. Piccone and Ronald V. Santora, Wilkes-Barre, for appellees.

Ronald J. Santora, Wilkes-Barre, for appellees.

Popovich, Beck and Trommer,*fn* JJ.

Author: Trommer

[ 347 Pa. Super. Page 655]

The present appeal concerns appellant's attempt to execute against appellees' residential real property in order to satisfy two confessed judgments entered against appellees on May 12, 1980. Based on our court's recent decision in RCK, Inc. v. Katz, 331 Pa. Super. 163, 480 A.2d 295 (1984), and appellees' nonconformity with the procedures therein outlined, we vacate the trial court's October 4, 1984, order purporting to grant appellees' petitions to strike the two confessed judgments of May 12, 1980.

This is a consolidated appeal from an order of the trial court granting appellees' motion to strike two judgments entered against them. The judgments were entered on two demand notes, payable to appellant, in the amounts of $157,000.83 (No. 1113-N of 1980) and $67,702.22 (No.

[ 347 Pa. Super. Page 6561114]

-N of 1980), plus interest and an attorney's commission of fifteen percent. The notes were executed, under seal, by appellees on October 17 and 18, 1979, and provided in pertinent part as follows:

The undersigned jointly and severally do hereby authorize and empower any attorney of any Court of Record of Pennsylvania, or elsewhere to appear for them, or any of them, and to confess judgment against them, or any of them, as of any term, with or without declaration filed, for such sum or sums as may be payable hereunder and with costs of suit, release of errors, without stay of execution and with 15% added as attorneys' collection fees . . . .

Contemporaneously with the execution of the demand notes, appellees executed separate declarations with respect to confessions of judgment which provided that appellees:

     do hereby declare that I (we) signed said instrument with full knowledge that it contains a Confession of Judgment which permits said Bank, or any Prothonotary, or Clerk of any Court of Record of Pennsylvania, to enter judgment against me (us) without notice and regardless of any default by me (us) under said instrument; and I (we) do hereby further declare that I (we) signed said Confession of Judgment for the purpose of ...


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