Showing posts with label Mechanics' lien. Show all posts
Showing posts with label Mechanics' lien. Show all posts

Friday, April 23, 2010

BRUBACHER EXCAVATING, INC. v. COMMERCE BANK/HARRISBURG, N.A.

BRUBACHER EXCAVATING, INC. v. COMMERCE BANK/HARRISBURG, N.A.
No. 96 MDA 2009 2010 PA Super 67 Atlantic: n/a Filed: 4/23/2010

Appeal from the Order Entered December 22, 2008,
Court of Common Pleas, Lancaster County,
Civil Division, at No. CI-07-10434.
Before: MUSMANNO, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: SHOGAN, J.
Commerce Bank/Harrisburg, N.A. (“Appellant”) appeals from the order entering summary judgment in favor of Brubacher Excavating, Inc. (“Appellee”). Because we hold that the trial court erred in awarding pre-judgment interest, we vacate and remand for modification of the judgment consistent with this Opinion.
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Thursday, June 4, 2009

WYATT INCORPORATED v. CITIZENS BANK OF PENNSYLVANIA AND MELLON BANK, N.A. APPEAL OF: CITIZENS BANK OF PENNSYLVANIA APPEAL OF: WYATT, INC. APPEAL OF:

WYATT INCORPORATED v. CITIZENS BANK OF PENNSYLVANIA AND MELLON BANK, N.A. APPEAL OF: CITIZENS BANK OF PENNSYLVANIA
APPEAL OF: WYATT, INC.
APPEAL OF: APOSTOLOS GROUP
APPEAL OF: MENDEL STEEL
APPEAL OF: LIGHTHOUSE ELECTRIC
APPEAL OF: HUCKENSTEIN

No. 1829, 1921, 1928, 1929, 1930 & 1931 WDA 2007 2009 PA Super 107 Atlantic: n/a Filed: 6/4/2009

Appeal from the Judgment September 28, 2007,
In the Court of Common Pleas of Allegheny County,
Civil Division at No. GD-03-009486, GD-03-009486, GD-03-011726, GD-03-008174,
GD-03-009149, GD-03-009160, GD-03-009611, GD-04-020424, GD-04-020430, GD-03-011726, GD-03-08174, GD-03-009149, GD-03-009160, GD-03-009486, GD-03-009611, GD-04-020424, GD-04-020430.
Before: BOWES, FREEDBERG, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
These six appeals stem from the September 28, 2007 judgment in a Mechanics’ Lien action entered in favor of the plaintiffs Wyatt, Inc., Apostolos Group, Inc., Mendel Steel and Ornamental Iron Co., Lighthouse Electric Co., and James E. Huckestein, Inc., (collectively Subcontractors) and against Citizens’ Bank. Each party filed an appeal, and because the issues on appeal arise from the same factual scenario and involve similar arguments, we will address them contemporaneously. Upon review, we vacate the judgment and remand for computations consistent with this Opinion.
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Wednesday, January 7, 2009

Superior Court - FLOORS, INC. D/B/A CREATIVE TOUCH v. WILLIAM C. ALTIG AND JULIE A. ALTIG

FLOORS, INC. D/B/A CREATIVE TOUCH v. WILLIAM C. ALTIG AND JULIE A. ALTIG
No. 1173 eda 2008 2009 PA Super 2 Atlantic: 963 A.2d 912 Filed: 1/7/2009

Appeal from the Order entered March 19, 2008
In the Court of Common Pleas of Chester County
Civil at No(s): 07-12260
Before: STEVENS, KLEIN, and CLELAND, JJ.
Opinion by: STEVENS, J.
This is an appeal from the Order entered in the Court of Common Pleas of Chester County on March 19, 2008, sustaining the Preliminary Objections of Appellees William C. Altig and Julie A. Altig (hereinafter “Appellees”) and striking the Mechanics’ Lien Claim filed by Appellant Floors, Inc., d/b/a Creative Touch Interiors (hereinafter “Appellant”). We affirm
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Tuesday, October 28, 2008

Superior Court - CORNERSTONE LAND DEVELOPMENT COMPANY OF PITTSBURGH LLC v. WADWELL GROUP, A PENNSYLVANIA PARTNERSHIP AND MARSHALL TOWNSHIP MUNICIPAL S

CORNERSTONE LAND DEVELOPMENT COMPANY OF PITTSBURGH LLC v. WADWELL GROUP, A PENNSYLVANIA PARTNERSHIP AND MARSHALL TOWNSHIP MUNICIPAL SANITARY AUTHORITY
No. 1251 and 1254 WDA 2007 2008 PA Super 256 Atlantic: 959 A.2d 1264 Filed: 10/28/2008

Appeal from the Order entered in the
Court of Common Pleas of Allegheny County,
Civil Division, No(s): GD 07-6631
Before: LALLY-GREEN, TAMILIA and COLVILLE, JJ.
Opinion by: TAMILIA, J.
Cornerstone Land Development Company of Pittsburgh (Cornerstone) appeals the June 12, 2007, Orders striking its mechanics’ lien claim and sustaining appellees’ respective preliminary objections in the nature of demurrers. We sua sponte consolidated the appeals.
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