No. 539 Pittsburgh, 1981, Appeal from the Judgment entered of the Court of Common Pleas, Civil Division, of Erie County, at No. 244-W-1975.
Before Brosky, Johnson and Montgomery, JJ.
This appeal arises from the trial court's order entering judgment for the appellees, Brink Builders, Inc. (hereinafter "Brink") and B & P Development (hereinafter "B & P"). The order resulted from the finding of the trial court that a mechanics' lien waiver agreement between Brink and B & P was valid as to the third party subcontractors, appellants Hoffman & Walker. Having found that the issues raised by appellant have not been preserved for our review, we dismiss the appeal.
A complaint in this matter was filed by appellants after having received no response to their filed lien claim pursuant to the Mechanics' Lien Law of 1963*fn1 Subsequently, an answer and new matter, reply to new matter, appellant's pretrial narrative, and interrogatories to and answers by appellant were filed. Thereafter, the following occurred:
November 17, 1976: Motion for Summary Judgment filed by
August 3, 1978: Motion to withdraw Motion for Summary
Judgment filed by B & P and granted by
August 11, 1978: Motion for Summary Judgment filed by
Hoffman & Walker, appellants.
October 11, 1978: Motion filed August 11th denied by
the trial court by Order and Opinion.
October 17, 1978: Motion for Summary ...