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BENEFICIAL CONSUMER DISCOUNT v. DAILEY

434 Pa.Super. 636 (1994)

644 A.2d 789

BENEFICIAL CONSUMER DISCOUNT, a Pennsylvania Business Corporation, Appellee, v. Philip E. DAILEY and Brenda J. Dailey, His Wife, Appellants.

Superior Court of Pennsylvania.

Filed July 11, 1994.

Petition for Allowance of Appeal Granted September 29, 1994.

Attorney(s) appearing for the Case

Anne L. Crotty, Kittanning, for appellants.

Robert E. Pryde, Kittanning, for appellee.

Before ROWLEY, P.J., and CIRILLO, and OLSZEWSKI, JJ.

OLSZEWSKI, Judge:

There is one question presented here: Did the Daileys sign a contact under seal when they took a loan from Beneficial? If they did, Beneficial's action to enforce the agreement was timely. If they did not, the action is barred by the statute of limitations. We find that they signed a contract under seal and affirm the trial court.

The Daileys borrowed $2,880.00 from Beneficial in 1985. When they signed the loan agreement — a pre-printed...

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