Busy Beaver Building Centers, Inc. v. Tueche

BROSKY, Judge:

This appeal concerns an action brought under 42 Pa.C.S. § 8104 1 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 take the place of the judgment note and secure the obligation,” and ordered satisfaction of the Westmoreland County judgment because it believed “that the receipt of a…