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McDOWELL NAT. BANK OF SHARON v. STUPKA

310 Pa.Super. 143 (1983)

456 A.2d 540

The McDOWELL NATIONAL BANK OF SHARON, Pennsylvania, Appellant, v. Milan M. STUPKA and Frances M. Stupka, husband and wife, Anthony J. Frank and Mary S. Frank, husband and wife, and Brimar Construction Company.

Superior Court of Pennsylvania.

Filed January 7, 1983.

Reargument Denied March 21, 1983.

Petition for Allowance of Appeal Denied July 20, 1983.

Attorney(s) appearing for the Case

P. Bartholomew, Sharon, for appellant.

William C. Kuhn, Sharon, for Stupka, et al., appellees.

Before ROWLEY, BECK and MONTEMURO, JJ.

MONTEMURO, Judge:

This is an appeal from Orders of April 27 and June 22, 1981 entered by the Honorable John Q. Stranahan, President Judge, in the Court of Common Pleas, Mercer County. The orders pertain to the dismissal of the appellant's petition for deficiency judgment.

The pertinent facts of this case are as follows: In October, 1977, petitioner, McDowell National Bank of Sharon, Pennsylvania (hereinafter, "appellant") agreed to loan to

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