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METCO v. MOSS CREEK (07/19/89)

filed: July 19, 1989.

METCO, INC., A PENNSYLVANIA CORPORATION, APPELLANT,
v.
MOSS CREEK, INC., A PENNSYLVANIA CORPORATION, APPELLEE



Appeal from the Order of the Court of Common Pleas of Bedford County, Civil at No. 30-1988. Appeal from the Order of the Court of Common Pleas of Bedford County, Civil at No. 43-1988.

COUNSEL

George P. Wolfe, Johnstown, for appellant.

R. Dell Ziegler, Pittsburgh, for Moss Creek, appellee.

Kevin L. Sanders, Johnstown, for Randy Swickle, appellee.

Olszewski, Montemuro and Kelly, JJ.

Author: Montemuro

[ 385 Pa. Super. Page 543]

In this opinion, we will address two unconsolidated appeals filed by the same party, Metco, Inc., a Pennsylvania corporation. The appellees are Moss Creek, Inc., a Pennsylvania corporation (No. 01799 Pittsburgh 1988) and Randy Swickle (No. 1805 Pittsburgh 1988). The underlying facts and issues involved in these two appeals are the same.

Our review of the record reveals that in May of 1987, Metco, the appellant, entered into a contract with Moss Creek to build eight condominiums for Moss Creek. We note the following description of the eight condominiums which appears in Moss Creek's appellate brief:

[ 385 Pa. Super. Page 544]

    between the units. Each townhouse has its own utilities, including its own oil tank for heat. The eight townhouses are in four buildings, arranged in a sawtooth formation. The townhouses have different attached greenhouses and fireplaces. The four buildings share only an approximately twelve foot section of wall with any adjoining buildings. Otherwise, each building is its own structure.

Brief for Moss Creek, Inc., at 4. Our record contains a Mechanic's Lien Claim filed by Metco on May 18, 1988, which alleges that the sum due and owing Metco from the Moss Creek condominium project equals $322,512.00.*fn1 The lien claim is directed against all eight of the Moss Creek condominium units and the real estate on which these units are located. Later, on June 10, 1988, Metco filed another Mechanic's Lien Claim for the same sum: $322,512.00. The named defendant's in the later lien claim are Moss Creek and Randy Swickle, and the lien claim is directed against two specific condominium units which Randy Swickle purchased from Moss Creek.*fn2 Following a review of the preliminary objections filed on behalf of Moss Creek and Randy Swickle, the trial court, on November 15, 1988, entered two orders, striking both of the Mechanic's Lien Claims set forth above. We affirm.

In order to set forth valid lien claims, Metco was required to comply with the specific ...


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