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LISK PLUMBING AND HEATING CO. v. DONALD W. SCHONS AND MARY ANN SCHONS (02/13/81)

filed: February 13, 1981.

LISK PLUMBING AND HEATING CO., INC.
v.
DONALD W. SCHONS AND MARY ANN SCHONS, HIS WIFE *FN*



Nos. 520 and 521 APRIL TERM, 1979, Appeal from the Orders of the Court of Common Pleas, Civil Division, of Allegheny County, at Nos. G.D. 78-24557 and G.D. 78-27261.

COUNSEL

W. Thomas Laffey, Jr., Pittsburgh, for appellant.

Robert A. Cohen, Pittsburgh, for appellees.

Spaeth, Hoffman and Van der Voort, JJ. Spaeth and Hoffman, JJ., concur in the result.

Author: Van Der Voort

[ 283 Pa. Super. Page 346]

Appellant Lisk Plumbing and Heating Company filed a mechanics lien and a complaint founded thereon against Donald W. and Mary Ann Schons, husband and wife, the appellees, to secure payment for plumbing work done by Lisk on appellees' property. Lisk was a subcontractor to the general contractor Maple Construction, Inc.

The property on which the work was performed is located in Robinson Township, Allegheny County. The mechanics lien is claimed against "ALL THAT CERTAIN tract or piece

[ 283 Pa. Super. Page 347]

    of land situate in the Township of Robinson and the Township of Kennedy. County of Allegheny . . . ." and a description of the parcel of land follows: Such description traces the description contained in appellees' original deed to such tract.

The contract between Lisk and Maple Construction contained no provisions as to the filing of mechanic liens. Lisk had no actual knowledge that the contract between Maple Construction and the Schons contained a no-lien agreement.

Appellees filed preliminary objections to appellant's lien complaint averring that the general contractor, Maple Construction had entered into a no lien agreement with the appellees. Such agreement was alleged to have been filed in the Court of Common Pleas of Allegheny County, to have been properly indexed and to have complied with the Mechanic's Lien Law, 49 P.S. § 1402.

Appellant Lisk filed an answer to the preliminary objections denying appellees' claim contending that the indexing had not been listed in the proper municipality. Appellant claimed that the indexing was insufficient to constitute notice under 49 P.S. § 1402 since it was indexed only in the Kennedy Township index and not in the Robinson Township index.

The lower court after arguments from the respective parties entered an order on May 24, 1979 sustaining the preliminary objections, holding that the mechanic's lien by reciting the names of both Robinson and Kennedy Townships, gave Lisk constructive ...


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