Landis v. Richmond

JACOBS, Judge:

This is an appeal from a lower court order opening a confessed judgment. Such an order will be reversed only if there has been an abuse of discretion by the lower court. Wenger v. Ziegler, 424 Pa. 268, 226 A.2d 653 (1967). We find an abuse of discretion and reverse.

Judgment for the amount of $4,551.36 was confessed on May 1, 1975. Notice was sent to appellee. Appellee was adjudged incompetent on July 15, 1975, and a guardian was appointed. The guardian, as well as appellee’s counsel, had notice of the entry of the judgment. On October 14, 1976, a petition to open the judgment…