FIDELITY BANK v. ACT OF AMERICA, INC.


258 Pa.Super. 261 (1978)

392 A.2d 784

The FIDELITY BANK, Appellee, v. ACT OF AMERICA, INC., Appellant.

Superior Court of Pennsylvania.

Decided October 20, 1978.


Attorney(s) appearing for the Case

Abraham A. Hobson, III, King of Prussia, for appellant.

John D. Dunmire, Norristown, and Susan L. Anderson, Philadelphia, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


CERCONE, Judge:

This appeal is from the order of the court below denying appellant's petition to open a confessed judgment. The sole issue is whether the lower court abused its discretion in finding that appellant failed to aver a meritorious defense.

On August 23, 1974, appellee, The Fidelity Bank, loaned appellant, Act of America, Inc. the sum of $10,000 in return for appellant's promissory note and a guaranty agreement executed by one of appellant's principals...

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