Pennsylvania Act 1959-566 — CONCERNING LIENS IMPOSED BY CITIES OR SCHOOL DISTRICTS OF FIRST CLASS

Act text

CONCERNING LIENS IMPOSED BY CITIES OR SCHOOL DISTRICTS OF FIRST CLASS
                 Act of Nov. 21, 1959, P.L. 1583, No. 566             Cl. 53
                                  AN ACT

     Providing that in cities and school districts of the first class
        real estate tax, water rent and sewer rent claims or
        judgments not filed or revived within the time specified by
        law shall be reinstated and shall reattach as liens or
        judgments against the real estate against which such claims
        or judgments were originally assessed, under certain terms
        and conditions.

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

        Section 1.  Whenever any city or school district of the first
     class has heretofore failed or hereafter fails to file in the
     office of the prothonotary of the proper county, any real estate
     tax, water rent or sewer rent claim assessed against any
     property within the time limit required by law for such filing,
     whereby the lien of such tax, water rent or sewer rent claim is
     lost; or has heretofore filed or hereafter files any real estate
     tax claim, water rent or sewer rent claim assessed against any
     property and any such claim describes 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 or
     hereafter files in the office of the prothonotary of the proper
     county any real estate tax, water rent or sewer rent claim and
     the city or school 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 real estate tax claim
     or water rent or sewer rent 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 the 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 real estate tax, water rent or
     sewer rent claim has been reduced to judgment and the city or
     school 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 and averment of
     default or sued out a writ of scire facias to revive the same;
     then, in any such case, the city or school district may, within
     six (6) years after the effective date of this act, file or
     amend such real estate tax, water rent or sewer rent claim so as
     to properly describe the property against which the claim is
     assessed or issue its praecipe for a writ of scire facias on any
     such real estate tax, water rent or sewer rent claim and proceed
     to judgment in the manner provided by law to obtain judgments
     upon real estate tax, water rent or sewer rent claims or in case
     a writ of scire facias has been issued but the same has not been
     reduced to judgment within (5) years from the date of issuance
     issue its praecipe for an alias writ of scire facias on any such
     real estate tax, water rent or sewer rent claim and proceed to
     judgment in the manner provided by law to obtain judgments
     thereon or in the case of a real estate tax, water rent or sewer
     rent 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 real estate tax or water rent or sewer rent
     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 claims 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 real
     estate tax, water rent or sewer rent claim or any judgments
     thereon may be revived or further revived and collected as other
     claims or judgments upon real estate tax, water rent or sewer
     rent claims are revived and collected: Provided further, 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 amended 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 or the school 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 prescribed 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 real estate tax or water rent or
     sewer rent claim or which gained priority during the time such
     lien was not revived or was not effective.
        (1 amended June 7, 1961, P.L.268, No.155)
        Section 2.  This act shall take effect immediately.