lien claim in Pennsylvania

1949In Central-Penn National Bank of Phila. v. Culp, 320 Pa. 358 , it is held that the statute must be strictly complied with, and that a creditor who fails to continue the lien of his claim by instituting action is barred from proceeding against the land (or its proceeds).

1942In Central-Penn National Bank of Philadelphia v. Culp et al., 320 Pa. 358 , 182 A. 239 , this court held that a general creditor who fails to continue the lien of his claim against the land of the decedent by complying with the statutory requirements above set forth under the Acts of 1917 and 1919, supra, may not thereafter proceed against the land of the decedent and this is so although it is alleged that the decedent fraudulently conveyed the land to another during his lifetime.

1954It is . . . but a means, partaking of the character of process, of enforcing a statutory lien.” In Safe Deposit & Trust Co. of Pittsburgh, a Corporation, etc., v. The Columbia Iron & Steel Co., also a Corporation, 176 Pa. 536, 548 , it was said: “A mechanic’s lien is a claim only, and its averments and dates establish nothing.

1931Therefore, in order to establish his right to the fund, the burden was upon Catania to prove that the lien of his claim is prior to that of the mortgage by reason of the visible commencement upon the ground of the work of building the houses and the apartment before February 24, 1928, at 8 A. M.: Knoell v. Carey, Sheriff, 291 Pa. 531 ; Knoell v. Carey, Sheriff, 285 Pa. 498 ; Andrews v. Fishing Creek Lumber Co., 161 Pa. 204 ; Safe Deposit and Trust Co. v. Columbia Iron and Steel Co., 176 Pa. 536 .

2020This holding flows directly out of Section 702 of the Mechanics Lien Law, 49 P.S. § 1702, which provides that ”[n]othing in this act shall alter or affect the right of a claimant to proceed in any other manner for the collection of his debt.” Consequently, “[a] civil action is not barred by the pendency of an action in rem upon a Mechanics' Lien, nor is the Mechanics' Lien claim barred by the pendency of the civil action; a plaintiff has the liberty to proceed against the property at the same time that he resorts to a personal action against the defendant.” Artsmith Development Group v. Updegr

2009Artsmith, 868 A.2d at 497 n. *571 1.

1969No lien shall be allowed against the estate of an owner in fee by reason of any consent given by such owner to a tenant to improve the leased premises unless it shall appear in writing signed by such owner that the erection, construction, alteration or repair was in fact for the immediate use and benefit of the owner.” In Murray v. Zemon, 402 Pa. 354 , 167 A. 2d 253 , we considered the requirements for a writing contemplated by §2 of the Mechanics’ Lien Act of June 4, 1901, P. L. 431, 49 P.S. §24. 4 We said there that in order for a mechanics’ lien claim to be valid against the estate of the o

1969No lien shall be allowed against the estate of an owner in fee by reason of any consent given by such owner to a tenant to improve the leased premises unless it shall appear in writing signed by such owner that the erection, construction, alteration or repair was in fact for the immediate use and benefit of the owner.” In Murray v. Zemon, 402 Pa. 354 , 167 A. 2d 253 , we considered the requirements for a writing contemplated by §2 of the Mechanics’ Lien Act of June 4, 1901, P. L. 431, 49 P.S. §24. 4 We said there that in order for a mechanics’ lien claim to be valid against the estate of the o

2015Id. at 19 .

2014Id.

2002Id.

1998In Delmont Mechanical Services, Inc. v. Kenver Corporation, 450 Pa.Super. 666 , 677 A.2d 1241 (1996), this Court stated: “The Mechanics’ Lien Law is a creature of statute in derogation of the common law....” Id. at 672 , 677 A.2d at 1244 (citing King’s Oak Liquidators v. Bala Cynwyd Hotel Associates, 405 Pa.Super. 250 , 592 A.2d 102 (1991)); see Castle Pre-Cast Superior Walls of Delaware, Inc. v. Strauss-Hammer, 416 Pa.Super. 53, 56, 610 A.2d 503, 504 (1992); Flick Construction, Inc. v. Dyke, 401 Pa.Super. 168, 170 , 584 A.2d 1033, 1034 (1991).

1995Drake v. Stout, 282 Pa. 223 , 127 A. 629 (1925); Knoell v. Carey, 291 Pa. 531 , 132 A. 702 (1928).

1931Therefore, in order to establish his right to the fund, the burden was upon Catania to prove that the lien of his claim is prior to that of the mortgage by reason of the visible commencement upon the ground of the work of building the houses and the apartment before February 24, 1928, at 8 A. M.: Knoell v. Carey, Sheriff, 291 Pa. 531 ; Knoell v. Carey, Sheriff, 285 Pa. 498 ; Andrews v. Fishing Creek Lumber Co., 161 Pa. 204 ; Safe Deposit and Trust Co. v. Columbia Iron and Steel Co., 176 Pa. 536 .

1995Drake v. Stout, 282 Pa. 223 , 127 A. 629 (1925); Knoell v. Carey, 291 Pa. 531 , 132 A. 702 (1928).

1931Therefore, in order to establish his right to the fund, the burden was upon Catania to prove that the lien of his claim is prior to that of the mortgage by reason of the visible commencement upon the ground of the work of building the houses and the apartment before February 24, 1928, at 8 A. M.: Knoell v. Carey, Sheriff, 291 Pa. 531 ; Knoell v. Carey, Sheriff, 285 Pa. 498 ; Andrews v. Fishing Creek Lumber Co., 161 Pa. 204 ; Safe Deposit and Trust Co. v. Columbia Iron and Steel Co., 176 Pa. 536 .

1989Conrad v. City of Pittsburgh, 421 Pa. 492 , 218 A.2d 906 (1966); Baker v. Brennan, 419 Pa. 222 , 213 A.2d 362 (1965); Schrader v. Heath, [ 408 Pa. 79 , 182 A.2d 696 ], supra. Legman v. School District, 432 Pa. 342, 345 , 247 A.2d 566, 569 (1968).

1989Conrad v. City of Pittsburgh, 421 Pa. 492 , 218 A.2d 906 (1966); Baker v. Brennan, 419 Pa. 222 , 213 A.2d 362 (1965); Schrader v. Heath, [ 408 Pa. 79 , 182 A.2d 696 ], supra. Legman v. School District, 432 Pa. 342, 345 , 247 A.2d 566, 569 (1968).

1989Conrad v. City of Pittsburgh, 421 Pa. 492 , 218 A.2d 906 (1966); Baker v. Brennan, 419 Pa. 222 , 213 A.2d 362 (1965); Schrader v. Heath, [ 408 Pa. 79 , 182 A.2d 696 ], supra. Legman v. School District, 432 Pa. 342, 345 , 247 A.2d 566, 569 (1968).

1989Conrad v. City of Pittsburgh, 421 Pa. 492 , 218 A.2d 906 (1966); Baker v. Brennan, 419 Pa. 222 , 213 A.2d 362 (1965); Schrader v. Heath, [ 408 Pa. 79 , 182 A.2d 696 ], supra. Legman v. School District, 432 Pa. 342, 345 , 247 A.2d 566, 569 (1968).

1989Conrad v. City of Pittsburgh, 421 Pa. 492 , 218 A.2d 906 (1966); Baker v. Brennan, 419 Pa. 222 , 213 A.2d 362 (1965); Schrader v. Heath, [ 408 Pa. 79 , 182 A.2d 696 ], supra. Legman v. School District, 432 Pa. 342, 345 , 247 A.2d 566, 569 (1968).

1989Conrad v. City of Pittsburgh, 421 Pa. 492 , 218 A.2d 906 (1966); Baker v. Brennan, 419 Pa. 222 , 213 A.2d 362 (1965); Schrader v. Heath, [ 408 Pa. 79 , 182 A.2d 696 ], supra. Legman v. School District, 432 Pa. 342, 345 , 247 A.2d 566, 569 (1968).

1984In Contractors Lumber and Supply Company v. Quinette, 185 Pa. Super. 66 , 137 A.2d 841 (1958), which defendants cite as controlling authority, a jury trial on a mechanics’ lien claim resulted in a finding that no contract to supply materials existed.

1984In Contractors Lumber and Supply Company v. Quinette, 185 Pa. Super. 66 , 137 A.2d 841 (1958), which defendants cite as controlling authority, a jury trial on a mechanics’ lien claim resulted in a finding that no contract to supply materials existed.

1982Costanzo v. Chianese, 177 Pa.Super. 414 , 110 A.2d 802 (1955); Hoffman Lumber Co. v. Mitchell, 170 Pa.Super. 326 , 85 A.2d 664 (1952); Comment to 49 P.S. § 1702 (1965).

1982Costanzo v. Chianese, 177 Pa.Super. 414 , 110 A.2d 802 (1955); Hoffman Lumber Co. v. Mitchell, 170 Pa.Super. 326 , 85 A.2d 664 (1952); Comment to 49 P.S. § 1702 (1965).

1982Costanzo v. Chianese, 177 Pa.Super. 414 , 110 A.2d 802 (1955); Hoffman Lumber Co. v. Mitchell, 170 Pa.Super. 326 , 85 A.2d 664 (1952); Comment to 49 P.S. § 1702 (1965).

1982Costanzo v. Chianese, 177 Pa.Super. 414 , 110 A.2d 802 (1955); Hoffman Lumber Co. v. Mitchell, 170 Pa.Super. 326 , 85 A.2d 664 (1952); Comment to 49 P.S. § 1702 (1965).

1914Where the bond upon which the judgment is entered is shown to have been accompanied by a mortgage, it is notice that the lien of the judgment relates back to -the lien of the mortgage: Dewitt’s App., 76 Pa. 283 .

1903Where the bond upon which the judgment is entered is shown to have been accompanied by a mortgage, it is notice that the lien of the judgment relates back to the lien of the mortgage : DeWitt’s Appeal, 76 Pa. 283 , and cases cited.

1910It must be borne in mind, however, that judgments recovered upon mechanics’ and municipal liens, mortgages, recognizances in the orphans’ court, as to the lands of the principal cognizor, are not themselves liens as of the date of their entry, they simply give effect to the lien of the original debt, or the lien which they represent, respectively, as a means of enforcement and collection; therefore it is that the lien of a mechanic’s or municipal claim, when referred to in the various acts of assembly, even after judgment, is expressed as the lien of the debt or claim, and not of the judgment:

1906“It must be borne in mind, however, that judgments recovered upon mechanics’ and municipal liens, mortgages, recognizances in the orphans’ court, as to the lands of the principal cognizor, are not themselves liens as of the date of their entry, they simply give effect to the lien of the original debt, or lien which they represent, respectively, as a means of- enforcement and collection; therefore it is that the lien of mechanics’ or municipal claims, when referred to in the various acts of assembly, even after judgment, is expressed as the lien of the debt or claim and not of the judgment: ” H

1910It must be borne in mind, however, that judgments recovered upon mechanics’ and municipal liens, mortgages, recognizances in the orphans’ court, as to the lands of the principal cognizor, are not themselves liens as of the date of their entry, they simply give effect to the lien of the original debt, or the lien which they represent, respectively, as a means of enforcement and collection; therefore it is that the lien of a mechanic’s or municipal claim, when referred to in the various acts of assembly, even after judgment, is expressed as the lien of the debt or claim, and not of the judgment:

1906“It must be borne in mind, however, that judgments recovered upon mechanics’ and municipal liens, mortgages, recognizances in the orphans’ court, as to the lands of the principal cognizor, are not themselves liens as of the date of their entry, they simply give effect to the lien of the original debt, or lien which they represent, respectively, as a means of- enforcement and collection; therefore it is that the lien of mechanics’ or municipal claims, when referred to in the various acts of assembly, even after judgment, is expressed as the lien of the debt or claim and not of the judgment: ” H