PRINTER'S NO. 3592
No. 2614 Session of 1990
INTRODUCED BY WOGAN, CALTAGIRONE, TRELLO, BILLOW, ALLEN, VROON,
MAIALE, McHALE, MERRY, MOEHLMANN, BURD, SAURMAN, J. TAYLOR
AND FARGO, MAY 29, 1990
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 29, 1990
AN ACT
1 Amending the act of May 16, 1923 (P.L.207, No.153), entitled "An
2 act providing when, how, upon what property, and to what
3 extent, liens shall be allowed for taxes and for municipal
4 improvements, for the removal of nuisances, and for water
5 rents or rates, sewer rates, and lighting rates; for the
6 procedure upon claims filed therefor; the methods for
7 preserving such liens and enforcing payment of such claims;
8 the effect of judicial sales of the properties liened; the
9 distribution of the proceeds of such sales, and the
10 redemption of the property therefrom; for the lien and
11 collection of certain taxes heretofore assessed, and of
12 claims for municipal improvements made and nuisances removed,
13 within six months before the passage of this act; and for the
14 procedure on tax and municipal claims filed under other and
15 prior acts of Assembly," regulating municipal claims and
16 liens.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 3 of the act of May 16, 1923 (P.L.207,
20 No.153), referred to as the Municipal Claim and Tax Lien Law,
21 amended August 1, 1963 (P.L.439, No.231), is amended to read:
22 Section 3. (a) All municipal claims which may hereafter be
23 lawfully imposed or assessed on any property in this
24 Commonwealth, and all such claims heretofore lawfully imposed or
1 assessed within six months before the passage of this act and
2 not yet liened, in the manner and to the extent hereinafter set
3 forth, shall be and they are hereby declared to be a lien on
4 said property, together with all charges, expenses, and fees
5 added thereto for failure to pay promptly; and said liens shall
6 arise when lawfully imposed and assessed and shall have priority
7 to and be fully paid and satisfied out of the proceeds of any
8 judicial sale of said property, before any other obligation,
9 judgment, claim, lien, or estate with which the said property
10 may become charged, or for which it may become liable, save and
11 except only the costs of the sale and of the writ upon which it
12 is made, and the taxes imposed or assessed upon said property.
13 (b) With the exception of those claims which have been
14 assigned, any municipal claim, including interest, penalty and
15 costs, imposed by a city of the first class, shall be a [lien]
16 judgment only against the said property [after] when the lien
17 has been docketed by the prothonotary. The docketing of the lien
18 shall be given the effect of a judgment against the said
19 property only with respect to which the claim is filed as a
20 lien. The prothonotary shall [enter the claim in the judgment
21 index.] maintain an in rem index, the form and location of which
22 shall be within the prothonotary's discretion. All tax claims,
23 water rents or rates, lighting rates, power rates and sewer
24 rates heretofore filed are hereby ratified, confirmed and made
25 valid subsisting liens as of the date of their original filing.
26 (c) A writ of execution may issue directly without
27 prosecution to judgment of a writ of scire facias. Any property
28 sold in execution shall be sold in compliance with the
29 provisions of section 31.2.
30 Section 2. This act shall take effect in 60 days.
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