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RICHARD P. RYAN v. BERTRAND J. JOHNSON AND SUSAN L. JOHNSON (11/30/87)

decided: November 30, 1987.

RICHARD P. RYAN
v.
BERTRAND J. JOHNSON AND SUSAN L. JOHNSON, H/W AND BERTRAND J. JOHNSON AND SUSAN L. JOHNSON, T/A WEST END STYLES; APPEAL OF SUSAN LEWIS JOHNSON



Appeal from the Order Entered December 2, 1986 in the Court of Common Pleas of Montgomery County Civil Division, at No. 83-15209.

COUNSEL

Samuel A. Litzenberger, Quakertown, for appellant.

Harold D. Borek, Norristown, for appellee.

Montemuro, Popovich and Cercone, JJ.

Author: Cercone

[ 369 Pa. Super. Page 378]

This is an appeal from an Order of the Montgomery County Court of Common Pleas which denied appellant's Petition to Strike/Open Judgment. Appellant and her husband signed an installment note on June 1, 1981 in the amount of $20,000. Upon appellants' failure to tender their annual installment payment of $3,600 by July 30, 1983,*fn1 appellee exercised his option under the contract to declare the entire balance of the note due. When the note remained in default, appellee filed a complaint seeking a confession of judgment pursuant to the following provision of the note:

On non-payment of any installment when due, all remaining installments shall at the option of the holder become immediately due and payable. We agree to pay if this note is placed in the hands of an attorney for

[ 369 Pa. Super. Page 379]

    collection, a reasonable attorney's fee of five percent (5%) of the amount due and owing on the defaulted note. And to secure the payment of said amount, we hereby authorize, irrevocably, the Prothonotary, Clerk of Court, or any Attorney of any Court, in term time, or vacation, at any time before or after maturity and confess a judgment without process in favor of any holder of this note, with or without the filing of an Averment of Declaration of Default, for such amount as may appear to be unpaid thereon, together with charges, costs and Attorney's fees . . . . [Emphasis added].

Judgment was thereafter confessed and entered on October 14, 1983. Upon denial of her Petition to Open/Strike Judgment, appellant filed a timely notice of appeal on December 12, 1986. The lower court ordered and directed appellant to file a Concise Statement of Matters Complained Of on Appeal pursuant to Pennsylvania Rule of Appellate Procedure 1925(b), which provides:

(b) Direction to file statement of matters complained of. If the lower court is uncertain as to the basis for the appeal, the lower court may by order direct the appellant forthwith to file a record in the lower court and serve on the trial judge a concise statement of the matters complained of on the appeal. A failure to comply with such direction may be considered by the appellate court as a waiver of all objections to the order, ruling or other matter complained of. Pa.R.A.P., Rule 1925(b), 42 Pa.C.S.A.

Appellant responded with a vague and cryptic statement:

Appellant, Susan Lewis-Johnson, intends to complain on appeal of all issues raised either at oral argument or in the pleadings. Appellant cannot be more specific without an opinion of the Court addressing those issues, and reserves the right to file additional reasons after receiving the opinion of the Court. Appellant has no ...


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