Legal Opinion

Gardner v. Clark

Supreme Court of Pennsylvania

Decided January 3, 1986No. 3237PublishedCited by 19 opinions

1Opinion of the Court

WIEAND, Judge:

The issue in this appeal is whether a court may award reasonable counsel fees where homeowners, represented by Community Legal Services, Inc., have prevailed in protracted proceedings to enforce a confessed judgment against their residential real estate. The trial court held that counsel fees were recoverable and made an award of $1,830.00. We affirm.

In June, 1966, Public Acceptance Corporation confessed judgment against Kenneth and Ann Clark for the unpaid balance of an automobile loan. In 1971, the judgment was assigned to Phillip Palmer, a straw party for Dennis Weismer and…

2Cases cited10 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Riggins v. United StatesSupreme Court of the United States · 1905
  3. Sellers v. WollmanCourt of Appeals for the Fifth Circuit · 1975
  4. Manning v. Princeton Consumer Discount Co.Court of Appeals for the Third Circuit · 1976
  5. Poussard v. Commercial Credit Plan, Incorporated of LewistonSupreme Judicial Court of Maine · 1984

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3Cited by19 opinions

  1. DiGregorio v. Keystone Health Plan EastSuperior Court of Pennsylvania · 2003
  2. Richland School District v. Department of Industry, Labor & Human Relations, Equal Rights DivisionWisconsin Supreme Court · 1993
  3. Generation Mortg. Co. v. Bung Thi NguyenSuperior Court of Pennsylvania · 2016
  4. Croft v. P & W Foreign Car Service, Inc.Supreme Court of Pennsylvania · 1989
  5. Bayview Loan Servicing, LLC v. LindsaySupreme Court of Pennsylvania · 2018

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