Dauphin Deposit Trust Co. v. E.C.E.C.S. Co.

SHUGHART, P. J.,

On January 5, 1972, judgment was entered by plaintiff, Dauphin Deposit Trust Company (hereafter referred to as bank), against defendants, E.C.E.C.S. Co., Inc. (hereafter referred to as the corporation), J. Robert Krout and W. Wayde Kelly, on a promissory note containing a cognovit clause. Thereafter, on petition of Kelly, the court granted a rule upon plaintiff to show cause why judgment should not be opened and set aside as to him. Plaintiff filed an answer, depositions were taken and the matter was argued before the court.

Under our current case law, proceedings to open…