(Download) "Equibank v. Adle" by 1990 Superior Court of Pennsylvania No. 01844 Pittsburgh * Book PDF Kindle ePub Free
eBook details
- Title: Equibank v. Adle
- Author : 1990 Superior Court of Pennsylvania No. 01844 Pittsburgh
- Release Date : January 30, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
James Reader, t/d/b/a L & R Glass Company, and Zeigler Roofing and Heating, Inc., (hereinafter L & R and Zeigler) take this appeal from the September 26, 1990, Order denying their exceptions to the sheriff's proposed schedule of distribution of proceeds obtained from the sale of property purchased by appellee/mortgagee, Equibank. This proceeding was initiated by an action in foreclosure by appellee against defendants/mortgagors, Adle, Inc., and Norla, Inc. On July 29, 1988, the property was sold at sheriff sale to appellee/mortgagee for $100,000. The sheriff's proposed schedule of distribution was filed August 5, 1988, and L & R and Zeigler filed exceptions claiming their mechanics' lien judgments, obtained November 10, 1987, in the amounts of $8,702.45 and $26,881.00, respectively, had priority dating from the visible commencement of construction of the building on the property, May 16, 1986. Accordingly, appellants contended their judgments had priority over the mortgage held by appellee recorded on July 29, 1986, and should be reflected in the distribution. The court denied appellants' exceptions finding the mechanics' liens defective for appellants' failure to comply with the mechanics' lien statute requiring claimants to file individual liens against each condominium owner rather than one lien against the project. For this reason the court did not address the issue of the priority of the liens. Appellants have appealed to this Court from the foregoing Order.
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