No. 3312 Philadelphia 1982, Appeal from the Order of the Court of Common Pleas, Civil Division, of Montgomery County at No. 81-21920.
Fern B. Caplan, Philadelphia, for appellant.
Allan David Windt, Philadelphia, for appellee.
Rowley, Popovich and Montgomery, JJ.
[ 323 Pa. Super. Page 121]
This is an appeal from the order of the court below sustaining the preliminary objections of appellee, Todd Steel Pickling, Inc., (hereinafter referred to as Todd Steel) and dismissing the mechanics' lien claim filed by appellant, George Chambers. We reverse.
Appellant sought to impose a lien on property belonging to Todd Steel, based on improvements made to that property between March, 1980, and October, 1981, at the request of Robert Berger, deceased, the sole stockholder and president of Todd Steel. The property had been purchased by
[ 323 Pa. Super. Page 122]
Todd Steel in March, 1980, and then leased by Todd Steel to Robert Berger.
Todd Steel filed preliminary objections to appellant's mechanics' lien claim.*fn1 On June 23, 1982, the trial court issued the following memorandum opinion and order:
The Court finds that the Preliminary Objections of defendant Todd Steel Pickling, Inc. pursuant to 49 P.S. § 1505 raise the following issues of fact concerning exemption or immunity of property from lien under the provisions of 49 P.S. § 1303(d):
1. Whether defendant Todd Steel Pickling, Inc. leased the subject property to Robert Berger;
2. Whether Robert Berger acted in the capacity of defendant's lessee when he contracted with plaintiff George Chambers;
3. Whether the requirement of a written statement by the owner that the improvements were made for the owner's use and benefit is ...