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SEC. BANK AND TRUST v. POCONO WEB PRESS

295 Pa.Super. 455 (1982)

441 A.2d 1321

SECURITY BANK AND TRUST COMPANY, Appellant, v. POCONO WEB PRESS, INC.

Superior Court of Pennsylvania.

Filed February 26, 1982.

Attorney(s) appearing for the Case

William H. Robinson, Jr., Stroudsburg, for appellant.

Charles P. Eyer, Jr., Stroudsburg, for Lawton-Huffman, participating party.

Mark S. Love, Stroudsburg, for Marshalls, participating party.

Before HESTER, DISALLE and MONTGOMERY, JJ.

HESTER, Judge:

This appeal involves what appears to be a question of First impression in this Commonwealth, to-wit:

"Under the Mechanics' Lien Law of 1963, Act of August 24, 1963, P.L. 1175, No. 497, as amended, 49 P.S. Section 1101 et seq, if a contractor files a waiver of liens and commences work on a structure prior to the recording of a mortgage, may other contractors who thereafter contract directly with the owner of the property obtain priority over...

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