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BUSY BEAVER BLDG. CTRS., INC. v. TUECHE

295 Pa.Super. 504 (1981)

442 A.2d 252

BUSY BEAVER BUILDING CENTERS, INC. v. Harry J. TUECHE and Carmen Tueche, his wife, Appellants.

Superior Court of Pennsylvania.

Filed December 4, 1981.

Reargument Denied March 26, 1982.

Attorney(s) appearing for the Case

Bernard S. Shire, Monessen, for appellants.

Stephen J. Laidhold, Pittsburgh, for appellee.

Before PRICE, BROSKY and MONTEMURO, JJ.

BROSKY, Judge:

This appeal concerns an action brought under 42 Pa.C.S. § 81041 by appellant-debtors to have a judgment record marked satisfied and to recover liquidated damages from appellee-creditor for its failure to satisfy same. The lower court entered an order based upon the entire record, consisting of the pleadings and deposition of Harry Tueche. There was no testimony taken. It found that "[t]he mortgage was intended to...

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