JOHN R. BLACKBURN, III AND DONANNE M. BLACKBURN, H/W
KING INVESTMENT GROUP, LLC Appellant
from the Order Entered March 28, 2016 In the Court of Common
Pleas of Chester County Civil Division at No(s):
BEFORE: OTT, J., RANSOM, J., and FITZGERALD, J. [*]
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.
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. 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.
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.Appellant received written notice of rights
related to the confessed judgment.
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.
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.
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
Damages equal to the amount of interest that accrued
after Appellee's breach occurred on May 19, 2013, and
Whether the court erred in denying Appellant's motion
(3) Whether the court erred in interpreting the caselaw
applicable to this case when it found Appellant was estopped
from asserting any ...