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FIRST SENECA BANK v. SUNSERI

449 Pa.Super. 566 (1996)

674 A.2d 1080

FIRST SENECA BANK d/b/a Integra Bank, Pittsburgh/North, Appellant, v. Gusty A.E. SUNSERI. FIRST SENECA BANK d/b/a Integra Bank, Pittsburgh/North, Appellant, v. PIZZA ROMA FRANCHISE, INC., d/b/a Roma Italian Restaurant & Pizzeria of Hampton, Ltd.

Superior Court of Pennsylvania.

Filed March 1, 1996.

Reargument Denied May 10, 1996.

Attorney(s) appearing for the Case

Reed J. Davis, Pittsburgh, for appellant.

Gusty A.E. Sunseri, Oakmont, appellee, in pro. per.

Before CAVANAUGH, JOHNSON and CERCONE, JJ.

JOHNSON, Judge.

In these consolidated cases, First Seneca Bank, d/b/a Integra Bank of Pittsburgh/North (the Bank) brings this appeal claiming that the trial court improperly awarded liquidated damages to both Gusty A.E. Sunseri and Pizza Roma Franchise, Inc., d/b/a Roma Italian Restaurant & Pizzeria of Hampton, Ltd. (Pizza Roma) (collectively, the defendants), pursuant to 42 Pa.C.S. § 8104. The Bank relies upon Marston v. Tryon, 108 Pa. 270 (1884)...

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