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REES v. M.B.C. PAPER MILL CORP (06/15/79)

decided: June 15, 1979.

REES, WEAVER & CO., INC., APPELLANT,
v.
M.B.C. PAPER MILL CORP



No. 894 October Term 1978, Appeal from the Order of the Court of Common Pleas of Montgomery County, Civil Section, No. 76-14845 of 1978

COUNSEL

Donald J. Martin, Norristown, for appellant.

Lawrence F. Flick, Norristown, for appellee.

Cercone, Spaeth and Lipez, JJ.

Author: Spaeth

[ 267 Pa. Super. Page 150]

This appeal is from an order granting a petition to strike a default judgment on a mechanics' lien claim.

Appellant filed the mechanics' lien claim in question on September 14, 1976. The claim stated that appellant had supplied materials and labor for improvements to buildings and land located in Montgomery County and owned by appellee, a foreign corporation qualified to do business in Pennsylvania. Notices of the filing were delivered to the sheriff for service on the Secretary of the Commonwealth and at appellee's last known address. The sheriff sent the notices by certified mail, postage prepaid, return receipt requested. On September 24 the Secretary of the Commonwealth acknowledged receipt of the notice. On October 13 the post office returned as "unclaimed" the notice directed to appellee at its last known address. On October 21 the sheriff filed his return. On December 3 appellant filed an

[ 267 Pa. Super. Page 151]

    action to obtain judgment on its claim. Judgment by default was entered on December 29. On February 28, 1977, appellee filed a petition to strike the judgment, alleging that appellant's claim was unperfected because of filing irregularities.

No dispute exists that service was proper. 49 P.S. ยง 1502(a) (1965) states:

To perfect a lien, every claimant must:

(1) file a claim with the prothonotary as provided by this act within four (4) months after the completion of his work; and

(2) serve notice of such filing upon the owner within one (1) month after filing, giving the court term and number ...


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