warrant of attorney clause in Pennsylvania

2001See Dollar Bank, 431 Pa. Super. at 548-49 , 637 A.2d at 312 (“Unquestionably, if a warrant of attorney clause authorizes entry of judgment by confession only after default, a judgment entered prior to default or lacking an averment of default is invalid.”) (“Where the warrant of attorney contains no condition, limitation, or restriction of any kind as to when judgment may be entered, the authority to issue judgment for the full amount of the loan is immediate.”), (citations omitted) Therefore, the court finds that the judgments have not been undermined by the unambiguous language in the notes

2001See Dollar Bank, 431 Pa. Super. at 548-49 , 637 A.2d at 312 (“Unquestionably, if a warrant of attorney clause authorizes entry of judgment by confession only after default, a judgment entered prior to default or lacking an averment of default is invalid.”) (“Where the warrant of attorney contains no condition, limitation, or restriction of any kind as to when judgment may be entered, the authority to issue judgment for the full amount of the loan is immediate.”), (citations omitted) Therefore, the court finds that the judgments have not been undermined by the unambiguous language in the notes

2013See Hazer v. Zabala, 26 A.3d 1166 (Pa.Super.2011) (holding invalid a cognovit appearing in an unsigned addendum that was incorporated by reference in agreement and attached after the signature page); Scott v. 1523 Walnut Corp., 301 Pa.Super. 248 , 447 A.2d 951 (1982) (general reference in 1972 amendment to the July 1, 1950 lease, without specific mention of cognovit clause, was insufficient to bind the tenant to the warrant of attorney clause set forth in that lease); Solazo v. Boyle, 365 Pa. 586 , 76 A.2d 179 (1950) (confession of judgment provision in original contract held not to apply to s

2013See Hazer v. Zabala, 26 A.3d 1166 (Pa.Super.2011) (holding invalid a cognovit appearing in an unsigned addendum that was incorporated by reference in agreement and attached after the signature page); Scott v. 1523 Walnut Corp., 301 Pa.Super. 248 , 447 A.2d 951 (1982) (general reference in 1972 amendment to the July 1, 1950 lease, without specific mention of cognovit clause, was insufficient to bind the tenant to the warrant of attorney clause set forth in that lease); Solazo v. Boyle, 365 Pa. 586 , 76 A.2d 179 (1950) (confession of judgment provision in original contract held not to apply to s

1997When a representative of the Appellee “who was not an attorney of any court of record” entered a judgment by confession against Appellant, pursuant to the warrant of attorney clause, the court struck the judgment, stating “[t]he entry of a valid judgment by confession can only be accomplished if such entry is accomplished in rigid adherence to the provisions of the warrant of attorney; otherwise, such judgment will be stricken.” Id. at 291 , 228 A.2d at 888 . “[0]ur courts have been strict in passing upon the validity of [confessed] judgments ... entered [upon the authority of a warrant of att

1997When a representative of the Appellee “who was not an attorney of any court of record” entered a judgment by confession against Appellant, pursuant to the warrant of attorney clause, the court struck the judgment, stating “[t]he entry of a valid judgment by confession can only be accomplished if such entry is accomplished in rigid adherence to the provisions of the warrant of attorney; otherwise, such judgment will be stricken.” Id. at 291 , 228 A.2d at 888 . “[0]ur courts have been strict in passing upon the validity of [confessed] judgments ... entered [upon the authority of a warrant of att

2023See Neducsin, supra; Stahl Oil Co., Inc., supra. Moreover, even if not waived, the language of the Lease confirms that the scope of the warrant of attorney encompassed damages beyond just rent and associated costs.

2018See Frantz Tractor Co. v. Wyoming Valley Nursery, 120 A.2d 303, 305 (Pa. 1956) (“A general reference in the body of an executed lease to terms and conditions to be found outside the agreement is insufficient to bind the lessee to a warrant of attorney not contained in the body of the lease unless -8- J-A02019-18 the lessee signs the warrant where it does appear.

2015See RAIT Partnership, LP v. E Pointe Properties, I, Ltd., 957 A.2d 1275 (Pa. Super. 2008) (upholding attorney collection commission of 15% of balance, or $450,000.00); Dollar Bank, Federal Savings Bank v. Northwood Cheese Co., Inc., 637 A.2d 309 (Pa. Super. 1994) (upholding attorney collection fee of 15% of balance), appeal denied, 653 A.2d 1231 (Pa. 1994).

2013Co. v. Hydraroll, Ltd., 759 A.2d 926, 930-931 (Pa.Super.2000) (holding that a forum selection clause requiring venue in the United Kingdom was unreasonable); Churchill Corp. v. Third Century, Inc., 396 Pa.Super. 314 , 578 A.2d 532, 536 (1990) (concluding forum selection clause establishing venue in Morbley, Missouri was unreasonable, in part because it “would seriously impair [the defendants’] ability to pursue their defenses[ ]”), appeal denied, 527 Pa. 628 , 592 A.2d 1296 (1991).

2013Co. v. Hydraroll, Ltd., 759 A.2d 926, 930-931 (Pa.Super.2000) (holding that a forum selection clause requiring venue in the United Kingdom was unreasonable); Churchill Corp. v. Third Century, Inc., 396 Pa.Super. 314 , 578 A.2d 532, 536 (1990) (concluding forum selection clause establishing venue in Morbley, Missouri was unreasonable, in part because it “would seriously impair [the defendants’] ability to pursue their defenses[ ]”), appeal denied, 527 Pa. 628 , 592 A.2d 1296 (1991).

2013Co. v. Hydraroll, Ltd., 759 A.2d 926, 930-931 (Pa.Super.2000) (holding that a forum selection clause requiring venue in the United Kingdom was unreasonable); Churchill Corp. v. Third Century, Inc., 396 Pa.Super. 314 , 578 A.2d 532, 536 (1990) (concluding forum selection clause establishing venue in Morbley, Missouri was unreasonable, in part because it “would seriously impair [the defendants’] ability to pursue their defenses[ ]”), appeal denied, 527 Pa. 628 , 592 A.2d 1296 (1991).

2013See Hazer v. Zabala, 26 A.3d 1166 (Pa.Super.2011) (holding invalid a cognovit appearing in an unsigned addendum that was incorporated by reference in agreement and attached after the signature page); Scott v. 1523 Walnut Corp., 301 Pa.Super. 248 , 447 A.2d 951 (1982) (general reference in 1972 amendment to the July 1, 1950 lease, without specific mention of cognovit clause, was insufficient to bind the tenant to the warrant of attorney clause set forth in that lease); Solazo v. Boyle, 365 Pa. 586 , 76 A.2d 179 (1950) (confession of judgment provision in original contract held not to apply to s