George H. Althof, Inc. v. Spartan Inns of America, Inc.

SHERTZ, Judge:

The question presented by this appeal is whether a confessed judgment may be stricken, due to defective verification of a complaint filed pursuant to Pa.R.Civ.P. 2952. We hold that it may not, and hence reverse the order of the court below.1

On January 3, 1975, Appellees signed two notes, payable on demand, evidencing a debt incurred for work performed by plaintiff in the Spartan Inn Motel. One note had been fully paid and part payment had been made on the second when, on April 25, 1975, Appellant filed a form “Complaint in Judgment” (Erie County Prothonotary Form 85-1 & 85-2)…