Smith v. Witmer

Opinion by

Jacobs, J.,

The appellants gave the appellees an installment note, dated July 10, 1968, in the amount of $20,000 and containing a confession of judgment. On the back of the note was typed the following: “This judgment shall not be entered except upon default and shall be limited to execution on the furniture and fixtures of Pizza Lodge located at 1606 Cumberland Street, Lebanon, Pennsylvania, as listed in Security agreement executed herewith.” The appellants defaulted and appellees entered judgment against them for a principal balance of $17,500 plus an attorney’s fee and collection…