The Superior Court held that in determining lien priority between a mechanics’ lien and an open-end mortgage, amended 49 P.S. §1508 applied but the exception in subsection (c)(2) did not apply. The mechanics’ lien judgement took priority over the judgment entered in favor of the bank. Affirmed on other grounds.
In October 2006, Stephen F. and Lisa K. Kessler contracted with appellee Michael Ricker to build a home in Harrisburg. Excavation began on Oct. 18, 2006. On Jan. 12, 2007, the Kesslers contracted with Commerce Bank of Harrisburg, N.A., now Metro Bank, for a construction loan with an open-end mortgage, which was recorded on Jan. 24, 2007.
