Pennsylvania Act 1937-75 — SECOND CLASS CITIES - WRITS OF SCIRE FACIAS ON CERTAIN TAX LIENS

Act text

SECOND CLASS CITIES - WRITS OF SCIRE FACIAS ON CERTAIN TAX LIENS
                  Act of Apr. 13, 1937, P.L. 290, No. 75              Cl. 11
                                  AN ACT

     To authorize cities of the second class to sue out writs of
        scire facias on certain tax liens, to revive writs of scire
        facias on such liens, or to revive judgments on such liens,
        where more than five years have elapsed since said liens were
        filed or such judgments were entered or revived, and to
        reduce such liens to judgment, or to revive such judgments;
        and providing for the revival and collection of such
        judgments.

        Section 1.  Be it enacted, &c., That whenever any city of the
     second class has heretofore filed, in the office of the
     prothonotary of the proper county, any tax lien or tax liens,
     and the said city of the second class has not, within the period
     of five years after the date on which any such tax lien was
     filed, sued out a writ of scire facias to reduce the same to
     judgment, or whenever any such tax lien or tax liens have been
     reduced to judgment and the said city of the second class has
     not, within the period of five years after the date on which
     such judgment or judgments were entered or within five years
     after the date on which such judgment or judgments were 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 of the second class may,
     within six months after the final enactment of this act, issue
     its praecipe for a writ of scire facias on any such tax lien and
     proceed to judgment in the manner provided by law to obtain
     judgments on tax liens, or in case judgment has been entered,
     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 judgment of revival, and such judgment, so entered
     or revived, shall be a valid judgment and be a lien upon the
     real estate upon which it was a lien at the time the lien was
     filed or the judgment was entered, and said judgment may be
     revived or further revived and collected as other judgments upon
     tax liens are revived and collected: Provided, however, That the
     lien of any judgment shall not reattach against any real estate
     transferred to any purchaser during the time when the lien of
     any such tax lien or judgment was lost, nor shall the lien of
     any such judgment impair or affect the priority of the lien of
     any mortgage or other lien, which gained priority because of the
     failure of the said city of the second class to sue out the writ
     of scire facias or file a suggestion of nonpayment and averment
     of default within the five-year period, or was entered of record
     during the time the lien of such tax lien or judgment was lost.
        This act shall become effective immediately upon its final
     enactment.