Generally speaking, when a party files a Mechanic’s Lien Claim (“Lien Claim”) in Pennsylvania, the Lien Claim needs to be served on the Respondent by the sheriff of the county where the property owner is registered to do business in the Commonwealth, resides, or conducts business. This service of process needs to be made within thirty days from the filing of the Lien Claim. Then, twenty days after service is effectuated, an affidavit of service needs to be filed in order to perfect service of the Lien Claim – a necessary step in order to avoid it being dismissed.
Typically, once the sheriff serves the Respondent with the Lien Claim, the sheriff files an affidavit in the matter setting forth the time, place, and method of service. The question then existed as to whether this filing by the sheriff perfected service of the Lien Claim or if the party that filed the Lien Claim needed to file its own affidavit of service. Most prudent practitioners would file an affidavit of service of their own attaching the sheriff’s filing.
The Pennsylvania Superior Court in Clark Property Maintenance, LLC v. Peak Real Estate Solutions, LLC 2025 Pa Super 15 Clark Property Maint. v. Peak Real Estate :: 2025 :: Pennsylvania Superior Court Decisions :: Pennsylvania Case Law :: Pennsylvania Law :: U.S. Law :: Justia, made it clear that a sheriff’s return satisfies the requirement of Section 1502 of the Mechanic’s Lien Law Pennsylvania Statutes Title 49 P.S. Mechanics' Liens § 1502 | FindLaw as long as it provided minimally sufficient notice to perfect the Lien Claim.
In that case, Clark Property filed a Lien Claim against Peak Real Estate for work performed on Peak Real Estate’s property. Thereafter, Peak Real Estate filed a Petition to Strike the Lien Claim. Peak Real Estate, in its petition to strike, argued that Clark Property’s failure to file an affidavit of service, but instead relying on the sheriff’s return, rendered the Lien Claim defective. This Petition was granted by the trial court, striking the Lien Claim.
Clark property appealed the trial court’s decision to strike the Lien Claim to the Pennsylvania Superior Court. Clark Property’s issue on appeal asked: “Is a timely filed sheriff’s return of service equivalent to an affidavit of service for the purpose of 49 P.S.§1502?”
The Superior Court, using a strict compliance test, determined that a sheriff’s return of service satisfies the requirements of Section 1502 of the Mechanic’s Lien Law.
The Superior Court held that the sheriff’s return provided minimally sufficient notice to perfect the Lien Claim because the primary objective of Section 1502 was to ensure notice, and substantial compliance of the provision is acceptable. Thus, the Superior Court reversed the trial court and remanded the case for further proceedings.
