Arthurs Travel Center, Inc. v. Alten

SPAETH, Judge:

This is an appeal from an order denying Eugene and Marlene Alten’s petition to open a confessed judgment against them. The appeal is only by Marlene Alten.

On June 16,1977, appellee confessed judgment against the Aliens on the basis of a mortgage note executed in June 1974. The principal amount of the note was $60,000, and appellee alleged that no payments had been made on it. The only credit that appellee afforded the Aliens was for $29,- 670, described as the “Net proceeds of sale of collateral.” After interest and various costs, the judgment as entered was for $52,926.

On July…