Pennsylvania Act 1945-181 — TAXES AND MUNICIPAL CLAIMS, RENEWAL OF JUDGMENTS

Act text

TAXES AND MUNICIPAL CLAIMS, RENEWAL OF JUDGMENTS
                  Act of May 11, 1945, P.L. 453, No. 181              Cl. 53
                                  AN ACT

     To authorize cities, boroughs, incorporated towns, townships and
        school districts to file suggestions of nonpayment and
        averments of default, or to sue out writs of scire facias on
        certain tax or municipal claims, and to revive judgments
        where the lien of such claims, or the judgments thereon, have
        been lost, and providing for the reinstatement of the liens
        of such claims and judgments.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Whenever any city, borough, incorporated town,
     township or school district has heretofore filed, in the office
     of the prothonotary of the proper county, any tax or municipal
     claim, and the city, borough, incorporated town or township, or
     school district has not, within the period of five years after
     the date on which any such claim was filed, sued out a writ of
     scire facias to reduce the same to judgment; or in the case of a
     tax or municipal claim has not, within said period of five years
     filed a suggestion of nonpayment and an averment of default, or
     whenever any writ of scire facias has been issued to reduce any
     such claim to judgment, and by reason of defense or any other
     court proceedings, judgment has not been entered within the
     period of five years after the date on which such writ was
     issued; or whenever any such tax or municipal claim has been
     reduced to judgment and the city, borough, incorporated town,
     township or school district has not, within the period of five
     years after the date on which such judgment was entered; or
     within five years after the date on which such judgment was last
     revived, filed a suggestion of nonpayment and an averment of
     default, or sued out a writ of scire facias to revive the same,
     then in any such case, any such city, borough, incorporated
     town, township or school district may, within six months after
     the passage and approval of this act, issue its praecipe for a
     writ of scire facias on any such tax or municipal claim and
     proceed to judgment in the manner provided by law to obtain
     judgments upon tax, or municipal claims; or in case a writ of
     scire facias has been issued, but the same has not been reduced
     to judgment within five years from the date of issuance, issue
     its praecipe for an alias writ of scire facias on any such tax
     or municipal claim and proceed to judgment in the manner
     provided by law to obtain judgments upon tax, or municipal
     claims; or in the case of a tax or municipal claim, where no
     judgment has been entered, file a suggestion of nonpayment and
     an averment of default; or in case judgment has been entered on
     a tax or municipal claim, either file a suggestion of nonpayment
     and an averment of default or issue its praecipe for a writ of
     scire facias on any such judgment and proceed to judgment in the
     manner provided by law to obtain judgments of revival, and such
     claim or judgment so entered or revived shall be a valid claim
     or judgment and be a lien upon the real estate upon which it was
     a lien at the time the claim was filed or the judgment was
     entered, and said claim or judgment may be revived, or further
     revived and collected as other claims or judgments upon tax or
     municipal claims are revived and collected: Provided, however,
     That the lien of any such claim or judgment shall not reattach
     against any real estate transferred to any purchaser during the
     time when the lien of any such tax, or municipal claim or
     judgment was lost, nor shall the lien of any such claim or
     judgment impair or affect the priority of the lien of any
     mortgage or other lien which gained priority because of the
     failure of the city, borough, incorporated town, township or
     school district to sue out the writ of scire facias, or file a
     suggestion of nonpayment and an averment of default within the
     five year period, or was entered of record during the time the
     lien of such tax or municipal claim or judgment was lost.