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DONATUCCI v. UTTERBACK

264 Pa.Super. 49 (1979)

398 A.2d 1051

Thomas F. DONATUCCI, t/a Donatucci Kitchens and Appliance Co. v. Emery UTTERBACK and Adean Utterback, his wife, Appellants.

Superior Court of Pennsylvania.

Decided February 27, 1979.

Attorney(s) appearing for the Case

Lionel B. Gumnit, Philadelphia, for appellants.

Charles M. Golden, Philadelphia, submitted a brief for appellee.

Before VAN der VOORT, WATKINS and MONTGOMERY, JJ.

MONTGOMERY, Judge:

Defendants have appealed from an order denying their petition to strike or open a default judgment entered against them in an action of assumpsit based on a contract they had entered into with plaintiff to construct a building for them.

PETITION TO STRIKE

The only reason alleged in the petition to strike is that of lis pendens, i.e. that at the time the assumpsit action was filed there was pending in the same court a mechanics...

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