Legal Opinion

Stush v. Ciliberto

Pennsylvania Court of Common Pleas, Luzerne County

Decided February 26, 1975No. 1390 of 1972Published

1Opinion of the Court

D’ALLESSANDRO, J.,

This matter comes before the court on defendant’s petition to open a confessed judgment.

HISTORY AND FACTS

On January 28, 1972, plaintiff filed a complaint for judgment by confession under a written instrument claiming the sum of $1,400 was due on a $2,400 contract for concrete work. On the same day, notice of the entry of the judgment was mailed to defendant. Execution was issued on June 13, 1973. On July 27, 1973, defendant obtained a rule to show cause why the judgment should not be opened. An answer was filed and depositions were taken.

*176DISCUSSION

A judgment by confession is…

2Cases cited18 opinions

  1. Joseph Melnick Building & Loan Ass'n v. MelnickSupreme Court of Pennsylvania · 1949
  2. Walters v. Harleysville Mutual Casualty Co.Supreme Court of Pennsylvania · 1965
  3. Ehnes v. WagnerSupreme Court of Pennsylvania · 1957
  4. Jamestown Banking Co. v. Conneaut Lake Dock & Dredge Co.Supreme Court of Pennsylvania · 1940
  5. Brown & Bigelow, Inc. v. BorishSuperior Court of Pennsylvania · 1949

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