KEIPER v. KEIPER


343 Pa.Super. 256 (1985)

494 A.2d 454

Emily KEIPER, Surviving Spouse and Heir of Leon L. Keiper, Deceased, for the Use of Leon L. Keiper (Dec'd), Ray B. Keiper (Dec'd), Joye Keiper, Allen A. Keiper (Dec'd), Glendora G. Keiper, Fame Keiper Elwine, Individually and as Heirs of Sarah A. Keiper (Dec'd), Appellants at No. 3040, v. Burton H. KEIPER, Deceased, and William Elwine, Executor of the Estate of Burton H. Keiper, Deceased, Appellants at No. 3284.

Supreme Court of Pennsylvania.

Filed June 7, 1985.


Attorney(s) appearing for the Case

Mark S. Love, Stroudsburg, for appellants (at No. 3040), for appellees (at No. 3284).

Anna C. Tiracchia, Stroudsburg, for appellant (at No. 3284).

Before SPAETH, President Judge, and CAVANAUGH, WIEAND, CIRILLO, MONTEMURO, POPOVICH and HOFFMAN, JJ.


POPOVICH, Judge:

This appeal presents the narrow issue of whether a premature entry of confession of judgment renders the judgment void or merely voidable. We hold that the defect is voidable, and, under the circumstances of this case, must reverse the action of the lower court in striking the judgment.

This matter involves cross-appeals,1 one from the order granting the petition...

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