Legal Opinion

Miller v. Wasilewski

Pennsylvania Court of Common Pleas, Clinton County

Decided September 18, 1986No. 339-86Published

1Opinion of the Court

BROWN, P.J.,

The within proceedings involve a confessed judgment which has been attacked by defendants’ petition to set it aside. An answer has been filed to defendants’ petition and the matter is now at the stage where the *47issues raised by the petition to strike and the answer need to be resolved.

The parties are at loggerheads as to the appropriate procedure to be used in addressing the issues raised by defendants’ petition. Defendants have filed a motion for the court to take testimony under the provisions of Pa.R.C.P. 2959(e). That rule provides:

“The court shall dispose of the rule on…

2Cases cited2 opinions

  1. City of Pittsburgh v. Allegheny County Distributors, Inc.Supreme Court of Pennsylvania · 1985
  2. Price v. GellerSuperior Court of Pennsylvania · 1981

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