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JAY L. FEDERMAN v. JEFFREY POZSONYI (08/07/87)

filed: August 7, 1987.

JAY L. FEDERMAN, M.D.
v.
JEFFREY POZSONYI, APPELLANT. JAY L. FEDERMAN, M.D. V. JEFFREY POZSONYI AND JOSEPH M. KRAUSE. APPEAL OF JOSEPH M. KRAUSE



Appeal from the Orders entered in the Court of Common Pleas of Philadelphia County, Civil Division, No. 4499 AUG TERM 1986.

COUNSEL

Julia B. Passyn, Philadelphia, for appellants.

Philip Colicchio, Philadelphia, for appellee.

Cirillo, President Judge, and Mcewen and Tamilia, JJ.

Author: Tamilia

[ 365 Pa. Super. Page 326]

These are consolidated appeals from the April 13, 1987 Order of the lower court which denied appellant Jeffrey Pozsonyi's petition to open and/or strike judgment by confession and also from the May 5, 1987 Order of the court below which denied Pozsonyi's request for a stay of the April 13th Order pending appeal.

On January 1, 1983, appellee/lessor and Pozsonyi entered into a twenty-year residential lease for the rental of an apartment at 2000 Delancey Place, Philadelphia, Pennsylvania. The lease specifically prohibited assignments or subleasing without the written consent of the lessor.

On August 26, 1986, appellee filed a Complaint in Confession of Judgment for Possession of Real Property and Ejectment alleging Pozsonyi had violated and breached the terms of the lease agreement by:

(1) failing to timely remit payment of rental fees on Apartment 3W of 2000 Delancey Place, Philadelphia, PA

[ 365 Pa. Super. Page 327]

    as required by paragraph (a) of 'Affirmative Covenants' on page one (1) of the Lease;

(2) unlawfully assigning the lease agreement to Joseph M. Krause without the written consent of the plaintiff as required by paragraph (b) of 'Negative Covenants' on page one (1) of the Lease.

(Record at 4.)

Appellee bases his right to a Confession of Judgment on page 3, paragraph 17, of the lease which provides:

When this lease shall be determined by condition broken, . . . it shall be lawful for any attorney as attorney for Lessee to file an agreement for entering in any competent Court an amicable action and judgment in ejectment against Lessee and all persons claiming under Lessee for the possession of the herein demised premises, for which this lease shall be sufficient warrant, whereupon, if Lessor so desires, a writ of execution or of Possession may issue forthwith, without any prior writ or proceedings whatsoever . . . .

(Record, Exhibit D-2.)

On August 29, 1986, appellant Pozsonyi filed a petition to strike and/or open the confessed judgment. By Order dated April 13, 1987, the lower court denied the petition. As defenses to the action, appellant argued: (1) confession of judgment is not available for possession of residential real property, (2) the pleadings filed with the Prothonotary in Confession of Judgment are improper ...


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