Pennsylvania Act 1935-3 — MUNICIPAL CLAIMS, REVIVAL

Act text

MUNICIPAL CLAIMS, REVIVAL
                   Act of Mar. 20, 1935, P.L. 5, No. 3                Cl. 53
                                  AN ACT

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

        Section 1.  Be it enacted, &c., That whenever any city of the
     third class, borough, or township has heretofore filed, in the
     office of the prothonotary of the proper county, any municipal
     claim or claims, and the city, borough, or township 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 whenever any such municipal claim or claims
     have been reduced to judgment and the borough or township 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, borough, or township may,
     within six months after the passage and approval of this act,
     issue its praecipe for a writ of scire facias on any such
     municipal claim and proceed to judgment in the manner provided
     by law to obtain judgments upon municipal claims, 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 judgments 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 claim was filed or the judgment was
     entered, and said judgment may be revived or further revived and
     collected as other judgments upon municipal claims are revived
     and collected: Provided however, That, the lien of any such
     judgment shall not reattach against any real estate transferred
     to any purchaser during the time when the lien of any such
     municipal claim 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 city or borough or township 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 municipal claim or
     judgment was lost.
        Section 2.  This act shall be in effect immediately upon its
     final enactment.