Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Blackburn v. King Investment Group, LLC

Superior Court of Pennsylvania

April 5, 2017

JOHN R. BLACKBURN, III AND DONANNE M. BLACKBURN, H/W
v.
KING INVESTMENT GROUP, LLC Appellant

          Appeal from the Order Entered March 28, 2016 In the Court of Common Pleas of Chester County Civil Division at No(s): 2015-11212-JD

          BEFORE: OTT, J., RANSOM, J., and FITZGERALD, J. [*]

          OPINION

          RANSOM, J.

         Appellant King Investment Group, LLC appeals from the March 28, 2016 order modifying the amount of confessed judgment from $145, 347.12 to $143, 347.12 pursuant to a judgment note arising out of an agreement of sale for commercial real estate. We quash the appeal as untimely.

         The relevant facts and procedural history are as follows. In May 2011, Appellees conveyed property in Chester County to Appellant by deed for $625, 000.00. Compl., 12/3/2015, ¶ 4. Appellees granted Appellant a $125, 000 purchase money loan pursuant to the terms of a judgment note.[1] Under the terms of the note, Appellant was to make monthly payments over a five-year term to pay off the principal of $125, 000, together with interest at a rate of three percent per annum. See Judgment Note, 5/19/2011.

         Appellant breached its payment obligations under the note. Thus, in December 2015, Appellees filed a complaint to confess judgment against Appellant for principal, interest, and late charges. See Compl. at ¶¶ 16-21.[2]Appellant received written notice of rights related to the confessed judgment.

         In January 2016, Appellant timely filed a petition to open and/or strike the confession of judgment and requested a stay of proceedings pursuant to Pa.R.Civ.P. 2959. Following hearings and additional briefing, the court denied Appellant's petition and declined to stay the proceedings. See Order, 2/24/2016. The court also denied Appellant's motion for reconsideration of its petition. See Order, 3/16/2016. Appellant did not appeal the February 24, 2016 order.

         In March 2016, Appellees filed a motion to modify the amount of confessed judgment. See Motion to Modify, 3/4/2016, ¶ 3. Appellees identified that the sum of $145, 347.12, set forth on the original confession of judgment, failed to include Appellant's payment of $2000.00 made in June 2012. See Motion to Modify at ¶ 2. Therefore, the court reduced the confession of judgment to accurately reflect the amount due. See Order, 3/28/2016.

         On April 27, 2016, Appellant filed a notice of appeal from the March 28, 2016 order modifying the confession of judgment. Appellant filed a court-ordered Pa.R.A.P. 1925(b) statement, and the court issued a responsive opinion. See Trial Ct. Op., 6/15/2016. On appeal, Appellant raises the following issues, restated for clarity:

(1) Whether the trial court erred in failing to consider all of the defenses raised in Appellant's petition to open, including set-offs from the amount owed such as:
a. Damages sustained based on Appellees' failure to undertake all of the promised renovations and repairs to the property pursuant to their agreement of sale;
b. Damages based on post-settlement rent owed by Appellee to Appellant;
  1. Damages equal to the amount of interest that accrued after Appellee's breach occurred on May 19, 2013, and court costs.

  2.          (2) Whether the court erred in denying Appellant's motion for reconsideration.

(3) Whether the court erred in interpreting the caselaw applicable to this case when it found Appellant was estopped from asserting any ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.