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WOODSTOWN CONSTRUCTION INCORPORATED v. GEORGE H. CLARKE (04/03/87)

filed: April 3, 1987.

WOODSTOWN CONSTRUCTION INCORPORATED, APPELLANT,
v.
GEORGE H. CLARKE



Appeal from the Judgment entered April 7, 1986 in the Court of Common Pleas of Columbia County, Civil Division, No. 1112 of 1982.

COUNSEL

Matthew J. Creme, Jr., Lancaster, for appellant.

Christina L. Hausner, Lancaster, for appellee.

Wieand, Olszewski and Cercone, JJ.

Author: Cercone

[ 362 Pa. Super. Page 120]

This appeal arises from an order of court directing appellant, Woodstown Construction Inc. (Woodstown) to pay liquidated damages to appellee, George Clarke, for failing to

[ 362 Pa. Super. Page 121]

    timely strike a judgment it had entered against appellee as satisfied.

In August, 1982 Woodstown entered into a contract with appellee for the sale of certain real property. At the time for closing, appellee was unable to obtain a mortgage. In order to extend time for settlement, appellee executed a non-interest bearing judgment note in favor of Woodstown for $17,900.00 which appellant recorded in Columbia County. However, settlement never occurred. On March 11, 1983 Woodstown agreed to accept $1,000.00 as payment in full on the note and release Clarke from all claims related to the original contract. The release also provided that Woodstown would cause the judgment to be marked satisfied. In February, 1984 appellee brought suit pursuant to 42 Pa.C.S.A. § 8104*fn1 against appellant seeking liquidated damages for appellant's failure to mark the judgment satisfied. Appellant responded by moving for a compulsory non-suit claiming that appellee had not complied with the "notice" provision of § 8104. After hearing testimony the lower court awarded appellee liquidated damages in the amount of $8,950.00, 50% of the amount of the recorded judgment. This timely appeal followed.

The issue before us is whether the court below erred in concluding that appellee had complied with the notice requirement

[ 362 Pa. Super. Page 122]

    of 42 Pa.C.S.A. § 8104 and in ordering appellant to pay liquidated damages.

Appellant alleges that appellee is not entitled to receive liquidated damages because (1) appellee as judgment debtor failed to request satisfaction in writing; (2) appellant did not receive payment in full of the underlying debt instrument but instead agreed to accept a lesser amount; and (3) liquidated damages are only awarded upon a finding ...


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