J-A23031-15 

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 

BARBARA LEONHARDT, EXECUTRIX OF 

THE ESTATE OF RAYMOND E. 

MCQUISTON, INDIVIDUALLY AND IN HER 

OWN RIGHT 

IN THE SUPERIOR COURT OF

PENNSYLVANIA 

 Appellant 

v. 

CHRIS MLEY AND HELGA MLEY, HIS 

WIFE 

 Appellee No. 1657 WDA 2014 

Appeal from the Order Entered September 22, 2014 

In the Court of Common Pleas of Lawrence County 

Civil Division at No(s): 20570 of 2012, D.S.B. 

BEFORE: GANTMAN, P.J., LAZARUS, J., and MUSMANNO, J. 

MEMORANDUM BY GANTMAN, P.J.: FILED JULY 14, 2015 

 Appellant, Barbara Leonhardt (“Ms. Leonhardt”), executrix of the 

estate of Raymond E. McQuiston, individually and in her own right, purports 

to appeal from the order entered in the Lawrence County Court of Common 

Pleas, striking the confession of judgment against Appellees, Chris Mley and 

Helga Mley, his wife (collectively, “the Mleys”).1 We quash the appeal. 

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1

 Specifically, the court granted the Mleys’ petition to strike and/or open the 

confession of judgment, and dismissed Ms. Leonhardt’s motion to dismiss 

the Mleys’ petition to strike and/or open the confession of judgment. The 

court’s order also denied Ms. Leonhardt’s motion for partial summary 

judgment; and dismissed as moot Ms. Leonhardt’s motion to sever. 
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The relevant facts and procedural history of this case are as follows. 

On November 4, 1999, the Mleys entered into an installment land contract 

for the purpose of purchasing a farm property from Raymond McQuiston and 

his wife for $111,500.00. The contract required the Mleys to make monthly 

payments in 180 installments beginning November 1, 1999 and ending 

October 1, 2014.2 The contract also provided that the Mleys would use the 

land for agricultural purposes and maintain the land in an equal or similar 

condition as the property was when sold. Pursuant to the contract, the 

Mleys had the right to use the barn, garage, and other buildings on the 

property. The Mleys lived in the farmhouse on the property with their 

children. 

Mr. McQuiston died in April 2010.3 Prior to his death, Mr. McQuiston 

appointed Ms. Leonhardt as the executrix of his will. In May 2011, Ms. 

Leonhardt informed the Mleys that she was the sole beneficiary of the 

McQuistons’ revocable trust, which contained a property interest on the land. 

At that point, the Mleys began making monthly installment payments to Ms. 

Leonhardt. In October 2011, the Mleys secured a loan to pay off the balance 

owed on the contract and sought to pre-pay the balance. Ms. Leonhardt 

refused the Mleys’ offer of prepayment. On February 23, 2012, the Mleys 

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2

 The contract provided for a 7% interest rate. Additionally, the contract 

required the Mleys to pay off the McQuistons’ home equity loan in full. 

3

 Mrs. McQuiston predeceased Mr. McQuiston. 
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filed a declaratory judgment action at docket No. 10217-2012, seeking a 

declaration of their rights under the contract and, specifically, to pre-pay the 

balance owed. Ms. Leonhardt filed preliminary objections on March 2, 2012. 

 On May 25, 2012, Ms. Leonhardt filed a complaint in confession of 

judgment at docket No. 20570-2012, alleging the Mleys were in default of 

the contract because they failed to utilize the property for agricultural 

purposes, failed to maintain the barn on the property, and interfered with 

Ms. Leonhardt’s access to the property; the court entered judgment by 

confession against the Mleys that day for possession of the property. 

On June 27, 2012, the Mleys filed a petition to strike and/or open the 

judgment by confession. On or about August 7, 2012, the Mleys filed a 

motion to consolidate the declaratory judgment action with the confession of 

judgment action. Ms. Leonhardt subsequently filed a motion to stay the 

declaratory judgment action pending disposition of the confession of 

judgment action. 

 On September 18, 2012, the court granted the Mleys’ motion to 

consolidate, denied Ms. Leonhardt’s motion to stay, and overruled Ms. 

Leonhardt’s preliminary objections to the declaratory judgment complaint.4 

Ms. Leonhardt filed an answer and new matter to the declaratory judgment 

complaint on October 9, 2012. On October 29, 2012, the Mleys filed a reply. 

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4

 The court heard oral argument on Ms. Leonhardt’s preliminary objections 

on May 29, 2012. 
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On July 30, 2013, Ms. Leonhardt filed a motion for partial summary 

judgment relative to the confession of judgment action. Ms. Leonhardt 

argued that the contract at issue did not constitute a “consumer credit 

transaction” which would prohibit entry of judgment by confession. The 

Mleys filed an answer to Ms. Leonhardt’s motion on August 7, 2013. On 

August 19, 2013, Ms. Leonhardt filed a motion to dismiss the Mleys’ petition 

to strike and/or open or to order a briefing schedule and argument. On 

August 20, 2013, Ms. Leonhardt also filed a motion to sever the declaratory 

judgment action from the confession of judgment action. 

 The court heard oral argument on all outstanding motions on April 28, 

2014. On September 22, 2014, the court entered an order which (1) 

granted the Mleys’ petition to strike the confession of judgment; (2) struck 

the confession of judgment; (3) dismissed Ms. Leonhardt’s motion to dismiss 

the Mleys’ petition to open and/or strike the confession of judgment; (4) 

denied Ms. Leonhardt’s motion for partial summary judgment; and (5) 

dismissed as moot Ms. Leonhardt’s motion to sever. The court did not 

resolve the Mleys’ consolidated declaratory judgment action. Ms. Leonhardt 

filed a notice of appeal on October 9, 2014. On October 14, 2014, the court 

ordered Ms. Leonhardt to file a concise statement of errors complained of on 

appeal pursuant to Pa.R.A.P. 1925(b). Ms. Leonhardt filed her concise 

statement on October 28, 2014. 

 Ms. Leonhardt raises three issues for our review: 
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DID THE TRIAL COURT ERR IN CHARACTERIZING THE 

INSTALLMENT LAND CONTRACT AS AN INSTALLMENT 

LAND CONTRACT INVOLVING A RESIDENCE WHEN INDEED 

THE FACTS SUPPORT THE CONCLUSION THAT THE 

AFOREMENTIONED AGREEMENT WAS PRIMARILY FOR 

AGRICULTURAL PURPOSES AND NOT FOR RESIDENTIAL 

PURPOSES WHEN THE SUBJECT MATTER INSTALLMENT 

LAND CONTRACT CANNOT BE CHARACTERIZED AS A 

RESIDENTIAL MORTGAGE BASED UPON ALL OF THE 

EVIDENCE PRESENTED, A SUBSTANTIAL PORTION OF 

WHICH WAS IGNORED BY THE [TRIAL] COURT JUDGE IN 

HIS DECISION? 

DID THE TRIAL COURT ERR IN FINDING THREE REQUISITE 

ELEMENTS PRESENT TO [STRIKE] A CONFESSION OF 

JUDGMENT AND WENT EVEN FURTHER BY DISMISSING 

THE CONFESSION OF JUDGMENT OF THE MOVING PARTY 

ON ITS FACE WHEN THE...CONFESSION OF JUDGMENT, 

THE SUBJECT MATTER OF THE INSTANT CASE, WAS NOT A 

CONSUMER CREDIT TRANSACTION AS HELD BY THE 

COURT, NOR IS THE PROPERTY THE SUBJECT MATTER 

RESIDENTIAL REAL PROPERTY? 

DID THE TRIAL COURT ERR IN HOLDING THAT THE 

INSTALLMENT LAND CONTRACT REFERRED TO 

HEREINABOVE, WHICH WAS NOT A CONSUMER 

TRANSACTION, WAS NOT IN A STATE OF DEFAULT BASED 

UPON THE LACK OF ACTIVITY IN THE CONCEALMENT OF 

DAMAGE TO THE PROPERTY BY THE [MLEYS]? 

(Ms. Leonhardt’s Brief at 3). 

 Preliminarily, we observe: 

The appealability of an order directly implicates the 

jurisdiction of the court asked to review the order. [T]his 

Court has the power to inquire at any time, sua sponte,

whether an order is appealable. Pennsylvania law makes 

clear: 

[A]n appeal may be taken from: (1) a final order or

an order certified as a final order (Pa.R.A.P. 341); 

(2) an interlocutory order as of right (Pa.R.A.P. 311); 

(3) an interlocutory order by permission (Pa.R.A.P.
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312, 1311, 42 Pa.C.S.A. § 702(b)); or (4) a 

collateral order (Pa.R.A.P. 313). 

Pennsylvania Rule of Appellate Procedure 341 defines “final 

orders” and states: 

Rule 341. Final Orders; Generally 

(a) General rule. Except as prescribed in 

subdivisions (d), and (e) of this rule, an appeal may 

be taken as of right from any final order of an 

administrative agency or lower court. 

(b) Definition of final order. A final order is any 

order that: 

(1) disposes of all claims and of all parties; or 

(2) is expressly defined as a final order by statute; 

or 

(3) is entered as a final order pursuant to 

subdivision (c) of this rule. 

(c) Determination of finality. When more than 

one claim for relief is presented in an action, whether 

as a claim, counterclaim, cross-claim, or third-party 

claim...the trial court...may enter a final order as to

one or more but fewer than all of the claims...only 

upon an express determination that an immediate 

appeal would facilitate resolution of the entire case. 

Such an order becomes appealable when entered. 

In the absence of such a determination and entry of

a final order, any order...that adjudicates fewer than 

all the claims...shall not constitute a final order. ... 

Pa.R.A.P. 341(a)–(c). [Thus, u]nder Rule 341, a final 

order can be one that disposes of all the parties and all the 

claims, is expressly defined as a final order by statute, or 

is entered as a final order pursuant to the trial court’s 

determination under Rule 341(c). 

In re Estate of Cella, 12 A.3d 374, 377-78 (Pa.Super. 2010) (some 
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internal citations and quotation marks omitted). See also Stewart v. 

Nicosia, 946 A.2d 1103 (Pa.Super. 2008) (quashing appeal from trial 

court’s entry of declaratory judgment in favor of appellee as not final and 

appealable, where trial court had consolidated appellee’s complaints in law 

and equity, but ruled only on declaratory judgment action; at time of appeal, 

trial court had not decided claims asserted in appellee’s complaint in law; 

trial court did not issue certification that immediate appeal would facilitate 

resolution of entire case; absent final order as defined either by statute or 

rule, this Court is without jurisdiction to entertain appeal). 

 Instantly, on or around August 7, 2012, the Mleys filed a motion to 

consolidate the declaratory judgment action and the confession of judgment 

action. The court explained that the separate cases involved the same 

parties, same counsel, same parcel of land and installment land contract, 

and that consolidation would reduce expenses for the parties and streamline 

the ligation process. The court also rejected Ms. Leonhardt’s claims of 

prejudice and stated that the benefits of consolidation outweigh any 

potential prejudice to either party. The court suggested that if prejudice 

were to occur in the future, the court could sever the cases at that point. 

Consequently, the court granted the Mleys’ motion to consolidate on 

September 18, 2012. 

Significantly, at the time the court entered the order now on appeal 

the declaratory judgment action and the confession of judgment action were 
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still consolidated. The court’s September 22, 2014 order (1) granted the 

Mleys’ petition to strike the confession of judgment; (2) struck the 

confession of judgment; (3) dismissed Ms. Leonhardt’s motion to dismiss the 

Mleys’ petition to open and/or strike the confession of judgment; (4) denied 

Ms. Leonhardt’s motion for partial summary judgment; and (5) dismissed as 

moot Ms. Leonhardt’s motion to sever. Nevertheless, the court did not 

resolve the Mleys’ claims related to prepayment raised in the declaratory 

judgment action. Thus, the order on appeal is not a final order as defined in 

Rule 341. See Pa.R.A.P. 341(b); Estate of Cella, supra; Stewart, supra. 

Additionally, the trial court did not certify the order appealed from as final 

pursuant to Rule 341(c). See Pa.R.A.P. 341(c); Estate of Cella, supra; 

Stewart, supra. Further, Ms. Leonhardt makes no argument that the order 

appealed from constitutes an appealable order as of right (see Pa.R.A.P. 

311)5 or a collateral order (see Pa.R.A.P. 313), or that she sought 

permission to appeal (see Pa.R.A.P. 1311). Under these circumstances, the 

court’s September 22, 2014 order was not final when entered and Ms. 

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5

 Notably, Rule 311(a)(1) states that an appeal may be taken as of right and 

without reference to Rule 341(c) from “[a]n order refusing to open, vacate 

or strike off a judgment. If orders opening, vacating or striking off a 

judgment are sought in the alternative, no appeal may be filed until the 

court has disposed of each claim for relief.” Pa.R.A.P. 311(a)(1). See also

Pa.R.A.P. 311, Note (stating: “The 1989 amendment to paragraph (a)(1) 

eliminated interlocutory appeals of right from orders opening, vacating, or 

striking off a judgment while retaining the right of appeal from an order 

refusing to take any such action”). 
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Leonhardt’s appeal is interlocutory and unappealable. See Estate of Cella, 

supra; Stewart, supra. Accordingly, we quash the appeal. 

Appeal quashed. 

Judgment Entered. 

Joseph D. Seletyn, Esq. 

Prothonotary 

Date: 7/14/2015