Van Brakle v. Lanauze

HOFFMAN, Judge:

Appellant contends that the lower court erred in striking her confessed judgment. We agree and, accordingly, reverse the order of the court below and reinstate the judgment.

On January 8,1971, the parties, who were married in 1948, executed a property settlement agreement which required that following their divorce appellee should pay $1,000 support per month to appellant provided she did not remarry. The agreement also contained a clause enabling appellant, upon appellee’s default, to accelerate his obligation and confess judgment against him. Because appellee failed to make…