act-1955-0-94•Pennsylvania Act 1955-94 — RELATED TO TAX (MUNICIPAL LIENS)
Pennsylvania Act 1955-94 — RELATED TO TAX (MUNICIPAL LIENS)
act-1955-0-941955 Pa. Act 94Law
Act text
RELATED TO TAX (MUNICIPAL LIENS)
Act of Jul. 25, 1955, P.L. 273, No. 94 Cl. 53
AN ACT
Authorizing counties, cities, boroughs, incorporated towns,
townships, school districts, poor districts and county
institution districts to file tax and municipal claims not
filed within the time specified by law; and to amend such
claims when the property affected is not sufficiently
described; and 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 county, city, borough, incorporated
town, township, school district, poor district or county
institution district has heretofore failed to file in the office
of the prothonotary of the county, any tax claim or municipal
claim assessed against any property within the time limit
required by law for such filing, whereby the lien of such tax or
municipal claim is lost; or has heretofore filed any tax claim
or municipal claim assessed against any property and in such
claim has described the property against which the claim was
assessed only by the name of the owner and the distance from a
given point; or has heretofore filed in the office of the
prothonotary of the proper county any tax or municipal claim and
the county, city, borough, incorporated town, township, school
district, poor district or county institution district has not,
within the period of five (5) 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 has not done so in time, or, in the case
of a tax or municipal claim, has not, within said period of five
(5) 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 or by reason of failure to file a
praecipe on time judgment has not been entered within the period
of five (5) 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 county, city, borough, incorporated town,
township, school district, poor district or county institution
district has not, within the period of five (5) years after the
date on which such judgment was entered or within five (5) years
after the date on which such judgment was last revived, filed a
suggestion of nonpayment, an averment of default, or sued out a
writ of scire facias to revive the same; then, in any such case,
any such county, city, borough, incorporated town, township,
school district, poor district or county institution district
may, prior to January 1, 1957, file such tax or municipal claim,
or amend such claim so as to properly describe the property
against which the claim is assessed, or issue its praecipe for a
write 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 (5) 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 on 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 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, That the lien of any such claim
or judgment shall not reattach against any real estate
transferred to any purchaser before such claim is filed or
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 county, city, borough, incorporated town,
township, school district, poor district or county institution
district to file such claim, or to properly describe the
property against which the claim was assessed, or to sue out the
writ of scire facias or file a suggestion of nonpayment and an
averment of default within the five (5) year period, or was
entered of record during the time the lien of such tax or
municipal claim or judgment was lost; nor shall any such lien so
revived impair or affect the priority of the lien of any
mortgage or other lien which was entered prior to the tax or
municipal claim or which gained priority during the time such
lien was not revived or was not effective.
(1 amended May 25, 1956, 1955 P.L.1751, No.587)
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.