Legal Opinion · Concurrence

Terra Technical Services, LLC v. River Station Land, L.P.

Supreme Court of Pennsylvania

Decided September 29, 2015Published

1ConcurrenceJustice Eakin

I agree that absent some other impropriety, the docket number assigned to an otherwise proper complaint is not determinative of the complaint’s validity.

There is merit to the view the term and number on the lien and complaint must be distinct. The Mechanics Lien Law clearly anticipates a mechanics’ lien docket, see 49 P.S. § 1507, which, ipso facto, means a distinct docket for that purpose. Pennsylvania Rule of Civil Procedure 1656(2) requires the complaint to include “the court and number and the date of filing of the claim and a copy thereof as an exhibit”— further support there is a…

2Cases cited1 opinion

  1. Tully Drilling Co. v. ShenkinSuperior Court of Pennsylvania · 1991

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