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J.H. HOMMER LUMBER CO., INC. v. DIVELY

401 Pa.Super. 72 (1990)

584 A.2d 985

J.H. HOMMER LUMBER COMPANY, INC., Appellant, v. Kenneth L. DIVELY and Grace L. Dively, his wife, Appellees.

Superior Court of Pennsylvania.

Filed December 21, 1990.

Attorney(s) appearing for the Case

Russell Montgomery, Altoona, for appellant.

Wayne Hippo, Hollidaysburg, for appellees.

Before DEL SOLE, BECK and HUDOCK, JJ.

HUDOCK, Judge:

This is an appeal from an order striking and dismissing the mechanics' lien claim of Appellant, J.H. Hommer Lumber Co., Inc. (hereinafter "Appellant") against Appellees, Kenneth and Grace L. Dively (hereinafter "Appellees"). We remand.

The simple facts of this appeal present two clear and related issues: Does the filing of a sheriff's return satisfy the requirements of the Pennsylvania Mechanics' Lien Law of 1963, 49 Pa.S.A. § 1502, which...

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