Amendment 5771 to House Bill 1795 P.N. 3513, Regular Session 2021-2022

H1795B3513A05771 AJB:CDM 10/21/22 #90 A05771

AMENDMENTS TO HOUSE BILL NO. 1795

Sponsor: SENATOR FONTANA

Printer's No. 3513

Amend Bill, page 1, line 2, by inserting after "Statutes,"

providing for municipal claim and tax lien law;

Amend Bill, page 1, line 14, by striking out "and,"

Amend Bill, page 1, line 16, by inserting after "PROXIES"

; and making a related repeal

Amend Bill, page 1, lines 19 and 20, by striking out all of

said lines and inserting

Section 1. Title 68 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 25

MUNICIPAL CLAIM AND TAX LIEN LAW

Sec.

2501. Short title.

2502. Definitions.

2503. Local taxes, a first lien and date.

2504. Claims assessment.

2505. Liens.

2506. Real estate subject to tax and municipal claims.

2507. Donation of property.

2508. Multiple owners.

2509. Highway footways.

2510. Written notice.

2511. Time and place for filing, liability, interest, form,

contents, appeals from assessments, indexing, revival

and order fixing amount.

2512. Contents of claim, signature, county taxes, levies or

assessments and affidavits of use-plaintiff.

2513. Property included in claims and payment of portion.

2514. Intervening or substituted defendants.

2515. Separate and distinct properties and apportionment of

charge.

2516. Petition of defendant, payment into court, affidavit,

rule, decree and jury trial.

2517. Time of lien.

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2518. Scire facias.

2519. Form of scire facias.

2520. Duties of sheriff.

2521. Judgment for want of affidavit of defense, assessment of

damages, rule for judgment and reply.

2522. Evidence, compulsory nonsuit, verdict and attorney fee.

2523. Scire facias to revive judgment, form and fee for

additional names.

2524. Service of scire facias to revive judgment and procedure.

2525. Judgment for plaintiff and costs.

2526. Sequestrator and supersedeas.

2527. Dockets.

2528. Locality index, unpaid tax list and consumer reporting

agencies.

2529. Stay of proceedings.

2530. Execution of judgment.

2531. Price and requirements of sale.

2532. Property of quasi-public corporations.

2533. Sale of property subject to lien of tax or municipal

claims.

2534. Counties of the first class, recovery of judgment and

sale free from claims.

2535. Cities of the first class, recovery of judgment and sale

free from claims.

2536. Joining, service and sale.

2537. Redemption.

2538. Assignment and payment.

2539. Amendments and timing.

2540. General conduct.

2541. Service of notice.

2542. Security.

2543. Use-plaintiffs.

2544. Notice of interest, registration and service.

2545. Rule to show cause, decree, service and notice.

2546. Validity of sale and time for filing contest.

2547. Cities of first class, time for proceeding on claims and

preclusion of sale for undue hardship.

2548. Procedures available to tax claim bureaus.

2549. Disposition of property acquired by cities of the second

class.

§ 2501. Short title.

This chapter shall be known and may be cited as the Municipal

Claim and Tax Lien Law.

§ 2502. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Charges, expenses and fees." Includes, but is not limited

to, the following:

(1) Sums paid or incurred by a municipality to file,

preserve and collect unpaid taxes, tax claims, tax liens,

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municipal claims and municipal liens, including, but not

limited to, prothonotary and sheriff fees, postage expenses

and title search expenses.

(2) Charges, expenses, commissions and fees of third-

party collectors retained by a county, city, borough,

incorporated town, township, school district or municipal

authority when attempted to be recovered by the county, city,

borough, incorporated town, township, school district or

municipal authority that retained the third-party collector.

The charges, expenses, commissions and fees of the third-

party collectors must have been approved by legislative

action of the county, city, borough, incorporated town,

township, school district or municipal authority that levies

the unpaid taxes, tax claims, tax liens, municipal claims and

municipal liens.

"Claimant." The plaintiff or use-plaintiff in whose favor a

claim is filed as a lien.

"Contractor." An individual who, under contract with a

plaintiff, performed the work for which a lien is given.

"Highway." The whole or any part of a public street, road,

lane or alley or other public highway.

"Municipal claim." Any of the following:

(1) A claim resulting from a tax assessed, service

supplied, work done or improvement authorized and undertaken

by a municipality. It is not required for the amount of the

claim to be definitively ascertained, nor have a lien filed,

at the time of filing the claim. A lien shall be filed within

the period of time and in the manner provided under this

chapter.

(2) A claim filed to recover for any of the following:

(i) Grading, guttering, macadamizing or otherwise

improving the cartways of a highway.

(ii) Grading, curbing, recurbing, paving, repaving,

constructing or repairing the footways of any highway.

(iii) Laying water pipes, gas pipes, culverts,

sewers, branch sewers or sewer connections in a highway.

(iv) Assessments for benefits in the opening,

widening or vacation of a highway.

(v) Changing of watercourses or the construction of

sewers through private lands.

(vi) Highways of townships of the first class.

(vii) Acquisition of sewers and drains constructed

and owned by individuals or corporations, and the rights

in and to use the sewers and drains.

(viii) Removal of nuisances.

(ix) Water rates, lighting rates or sewer rates.

(3) A claim filed to recover for work, material or

services rendered or furnished in the construction,

improvement, maintenance or operation of a project undertaken

by a municipality. The municipal claim shall include all

penalties, interest, costs, fines, charges, expenses and

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fees, including reasonable attorney fees, as allowed under

this chapter and all other applicable laws.

"Municipality." A county, city, borough, incorporated town,

township, school district or body politic and corporate, or an

assignee, created as a municipal authority pursuant to law.

"Owner." The individual in whose name property is

registered, if registered according to law. If not registered

according to law, an individual in open, peaceable and notorious

possession of the property, as apparent owner of the property,

if any, or the reputed owner of the property in the neighborhood

in which property is located.

"Property." The real estate subject to a lien and against

which a claim is filed as a lien.

"Tax claim." A claim filed to recover taxes.

"Taxes." A tax imposed by or assessed for any of the

following, including any penalty, interest, cost, charge,

expense or fee, including reasonable attorney fees, connected to

the tax:

(1) County of any class.

(2) City of any class.

(3) Borough of any class.

(4) Incorporated town.

(5) Township.

(6) School district.

(7) Bridge.

(8) Road.

(9) Poor taxes.

§ 2503. Local taxes, a first lien and date.

(a) General rule.--All taxes imposed or assessed on any

property in this Commonwealth are declared to be a first lien on

the property, together with all charges, expenses and fees added

for failure to pay promptly.

(b) Priority of lien.--A first lien under subsection (a)

shall have priority to and be fully paid and satisfied out of

the proceeds of any judicial sale of the property before any

other obligation, judgment, claim, lien or estate with which the

property may become charged or for which it may become liable,

save and except only the costs of the sale and of the writ upon

which the sale is made.

§ 2504. Claims assessment.

(a) Lien declaration.--

(1) All municipal claims, municipal liens, taxes, tax

claims and tax liens imposed or assessed on a property in

this Commonwealth, and all prior claims imposed or assessed

within six months before the passage of this chapter and not

yet liened, shall be declared to be a lien on the property,

together with all charges, expenses and fees incurred in the

collection of any delinquent account, including reasonable

attorney fees under subsection (a.1), added for failure to

pay promptly. All municipal claims and municipal liens shall

arise when lawfully imposed and assessed and shall have

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priority to and be fully paid and satisfied out of the

proceeds of a judicial sale of the property, before any other

obligation, judgment, claim, lien or estate with which the

property may become charged, or for which it may become

liable, save and except only the costs of the sale and of the

writ upon which it is made, and the taxes, tax claims and tax

liens imposed or assessed upon the property.

(2) A claim for property taxes that has been reduced to

judgment shall be enforceable as a lien against real property

in the same manner and to the same extent as a judgment for

money under the generally applicable laws of this

Commonwealth. For purposes of this paragraph, "reduced to

judgment" means a claim rendered absolute under section 311

of the act of July 7, 1947 (P.L.1368, No.542), known as the

Real Estate Tax Sale Law, and those given the effect of a

judgment in accordance with this chapter.

(3) Notwithstanding any other provision of law, when a

judgment or lien under this section is reduced or satisfied

by payment or a sale of the property, the judgment creditor

shall notify the tax claim bureau or prothonotary where the

original tax claim is docketed and shall enter the

satisfaction in the office of the clerk of the court in the

county where the judgment is outstanding. No tax claim shall

be subject to additional interest as a result of enforcement

as a judgment lien under paragraph (2).

(4) A judgment lien under this subsection shall exist

separate and apart from the tax lien.

(5) Nothing in this subsection shall be construed as

affecting other remedies available to a municipality for

collection of a tax or the priority or amount of a tax lien.

(a.1) Attorney fees.--It is not the intent of this section

to require owners to pay, or municipalities to sanction ,

inappropriate or unreasonable attorney fees, charges or expenses

for routine functions. Attorney fees incurred in the collection

of a delinquent account, including a municipal claim, municipal

lien, tax, tax claim and tax lien, shall be in an amount

sufficient to compensate attorneys undertaking collection and

representation of a municipality or its assignee in any actions

in law or equity involving claims arising under this chapter. A

municipality by ordinance, or by resolution if the municipality

is of a class that does not have the power to enact an

ordinance, shall adopt the schedule of attorney fees. Where

attorney fees are sought to be collected in connection with the

collection of a delinquent account, including a municipal claim,

municipal lien, tax, tax claim and tax lien, the owner may

petition the court of common pleas in the county where the

property subject to the municipal claim and lien, tax claim and

lien or tax is located to adjudicate the reasonableness of the

attorney fees imposed. In the event that there is a challenge to

the reasonableness of the attorney fees imposed in accordance

with this section, the court shall consider, but not be limited

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to, the following:

(1) The time and labor required, the novelty and

difficulty of the questions involved and the skill requisite

to properly undertake collection and representation of a

municipality.

(2) The customary charges of the members of the bar for

similar services.

(3) The amount of the delinquent account collected and

the benefit to the municipality from the services.

(4) The contingency or the certainty of the

compensation.

(a.2) Duplication of attorney fees.--If attorney fees are

awarded under any provision of law, the municipality shall not

be entitled to duplicate recovery of attorney fees under this

section.

(a.3) Notice.--The notice shall be as follows:

(1) At least 30 days prior to assessing or imposing

attorney fees in connection with the collection of a

delinquent account, including a municipal claim, municipal

lien, tax, tax claim and tax lien, a municipality shall, by

United States certified mail, return receipt requested,

postage prepaid, mail to the owner the notice required by

this subsection.

(2) If, within 30 days of mailing the notice in

accordance with paragraph (1), the certified mail is refused

or unclaimed or the return receipt is not received, then at

least 10 days prior to assessing or imposing attorney fees in

connection with the collection of a delinquent account, a

municipality shall, by United States first class mail, mail

to the owner the notice required by this subsection.

(3) The notice required by this subsection shall be

mailed to the owner's last known post office address by

virtue of the knowledge and information possessed by the

municipality and by the county office responsible for

assessments and revisions of taxes. The municipality shall

determine the owner's last post office address known to the

collector and county assessment office.

(4) The notice to the owner shall include the following:

(i) A statement of the municipality's intent to

impose or assess attorney fees within 30 days of mailing

the notice under paragraph (1) or within 10 days of the

mailing of the notice under paragraph (2).

(ii) The manner in which the imposition or

assessment of attorney fees may be avoided by payment of

the delinquent account.

(b) City of first class provision.--With the exception of

those claims that have been assigned, a municipal claim,

municipal lien, tax, tax claim or tax lien, including interest,

penalty and costs, imposed by a city of the first or second

class or by a county of the second class or by a municipality

within a county of the second class, shall be a judgment only

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against the property when the lien has been docketed by the

prothonotary. The docketing of the lien shall be given the

effect of a judgment against the property only with respect to

which the claim is filed as a lien. The prothonotary shall

maintain an in rem index, the form and location of which shall

be within the prothonotary's discretion. All tax claims, water

rents or rates, lighting rates, power rates and sewer rates

filed prior are ratified, confirmed and made valid subsisting

liens as of the date of their original filing.

directly without prosecution to judgment of a writ of scire

facias. Any property sold in execution shall be sold in

compliance with the provisions of section 2535 (relating to

cities of the first class, recovery of judgment and sale free

from claims).

(d) Filing date provision.--Attorney fees may be imposed and

collected in accordance with this section upon all taxes, tax

claims, tax liens, municipal claims, municipal liens, writs of

scire facias, judgments or executions filed on or after December

19, 1990.

§ 2505. Liens.

The following shall apply:

(1) The lien for taxes shall exist in favor of, and the

claim may be filed against the property taxed by, a

municipality to which the tax is payable.

(2) The lien for the removal of nuisances shall exist in

favor of, and the claim may be filed against the property

from which the nuisance is removed, or by which the nuisance

is caused, by a municipality by or for which the nuisance is

removed.

(3) The lien for the following:

(i) grading, guttering, paving, macadamizing or

otherwise improving the cartways of any highways;

(ii) grading, curbing, recurbing, paving, repaving,

constructing or repairing footways;

(iii) laying water pipes, gas pipes, culverts,

sewers, branch sewers or sewer connections in a highway;

(iv) assessments for benefits in the opening,

widening or vacation of a highway ;

(v) changing of watercourses or construction of

sewers through private lands;

(vi) highways of townships of the first class;

(vii) acquisition of sewers and drains constructed

and owned by individuals or corporations, and of rights

in and to use the sewers and drains; and

(viii) water rates, lighting rates, sewer rates or

rates for any other service furnished by a municipality;

shall exist in favor of, and the claim may be filed against

the property benefited by, the municipality extending the

benefit or the city, borough or township in which the

property is located, if the work, material or service forming

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the basis of the lien was supplied by a municipal authority

organized by a city of the second class, by a county of the

second class or by a city of the third class and the liens or

the claim has been assigned to it.

(4) Municipal authorities organized by cities of the

second class, by counties of the second class or by cities of

the third class are authorized to assign municipal claims and

liens to the city, borough or township in which the property

subject to the lien is located, and cities, boroughs and

townships in which the property is located are authorized to

purchase the lien. Upon the assignment or purchase, the city,

borough or township acquiring the municipal claim or lien

shall have the same rights as if it had supplied the work,

material or service upon which the municipal claim or lien is

based.

(5) When the contractor performing the work is to be

paid by assessment bills, the lien shall exist for, and the

claim shall be filed to, the contractor's use, and the

contractor shall under no circumstances have recourse to the

municipality authorizing the work.

§ 2506. Real estate subject to tax and municipal claims.

(a) Rule.--Except as provided under subsection (b), real

estate shall be subject to tax and municipal claims as provided

under this chapter.

(b) Exceptions.--

(1) Subsection (a) shall not apply to property owned by

the United States or the Commonwealth.

(2) Except for the removal of nuisances, for sewer

claims and sewer connections or for the curbing, recurbing,

paving, repaving or repairing of footways in front of

nuisances, sewer claims and sewer connections, subsection (a)

shall not apply to the following property, if exempt from

taxation:

(i) Property owned by a county, city or other

municipality or municipal division.

(ii) Ac tual places of religious worship.

(iii) Places of burial not held or used for private

or corporate profit.

(iv) Institutions of purely public charity.

(3) Nothing under this chapter shall prohibit a

municipality from providing that municipal work may be done

at the expense of the public generally and be paid out of the

general funds of the municipality.

§ 2507. Donation of property.

(a) Acceptance.--

(1) A county, city, borough, incorporated town,

township, home rule municipality, optional plan municipality

or optional charter municipality may accept the donation of

property that is subject to a claim for taxes. A municipal

authority, other than a redevelopment authority, or a school

district may participate in a donation under subsection (g).

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(2) A municipality shall provide written notice to local

municipalities or the municipality's designees under

subsection (f) of a donation proposed by the owner of the

property. A donation under this subsection may not be

accepted less than 30 days after notice to each other

municipality which has a claim for taxes on the subject

property under this chapter. A donation under this subsection

shall divest each lien against the property possessed by the

municipality accepting the donation and each local tax lien

recorded prior to the date of donation, except as otherwise

provided under this section and except for a mortgage

recorded prior to the tax liens.

(b) Participation.--

(1) A municipality that receives a notice of proposed

donation may request to participate in negotiations with

regard to the donation and extinguishment of all or part of

the municipality's liens and with regard to proposals to

return the property to the tax rolls or to productive public

use. A municipality that does not respond in writing to the

notice within 30 days of the municipality's receipt of the

notice waives the municipality's right to participate in the

donation negotiations and the municipality's lien shall be

extinguished.

(2) A municipality participating in donation

negotiations may agree to extinguish each existing lien

against the property in exchange for full or partial

satisfaction of the municipality's claims upon future sale of

the property by the municipality accepting the donation.

(3) Each negotiation must consider the structure and

condition of the property, the market value of the property

in its current condition, the best use of the property given

the neighborhood and local ordinances and the costs to cure

defects, including defects in title.

(1) A donation under this subsection shall be by deed

recorded, and registered where required with the county

recorder of deeds. The deed shall be accompanied by recorded

satisfactions of each claim for taxes which are extinguished

by virtue of the donation.

(2) The satisfaction from the municipality which is

accepting ownership of the property pursuant to the donation

shall provide for full extinguishment of each claim

possessed by the municipality under this chapter. A

satisfaction of liens shall provide that each claim of each

municipality in which the property is located is discharged

and extinguished, unless different terms are agreed upon

between the owner and the municipalities participating in the

donation negotiations.

(d) Exemption.--Property that has been donated under this

section shall be exempt from claims for taxes from each

municipality in which the property is located during the time

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that the property remains in the ownership of the county, city,

borough, incorporated town, township, home rule municipality,

optional plan municipality, optional charter municipality,

redevelopment authority or school district to which the property

was donated.

(e) Nonliability.--Notwithstanding any other provision of

law, an owner who donates property under this section shall not

be personally liable for the amount of claims for taxes exempted

or extinguished as a result of the donation.

(f) Agent.--

(1) A county, city, borough, incorporated town,

township, home rule municipality, optional plan municipality

or optional charter municipality in which the property is

located may designate another municipality, or a

redevelopment authority in which the property is located to

act as its agent with regard to a donation under this

section.

(2) A single municipality or the redevelopment authority

may be selected as the agent for all municipalities holding a

tax claim or lien. In returning the property to the tax rolls

or to productive public use, a municipality or a

redevelopment authority may seek the assistance of a

community development corporation serving the area where the

property is located.

(g) School district or municipal authority.--A school

district or municipal authority, other than a redevelopment

authority, may participate in the provisions of this section

only if the school district or municipal authority has

designated an agent in accordance with subsection (f). Nothing

under this subsection shall prevent a school district or

municipal authority from taking title to a donated property if

it is determined during negotiations that the best manner to

return the property to productive use is to allow a school

district or municipal authority to use the property for purposes

directly related to the mission of the district or authority.

§ 2508. Multiple owners.

(a) Proportionate share of tax.--If real estate in this

Commonwealth is owned by joint tenants, tenants in common or

coparceners and a joint tenant, tenant in common or coparcener

has paid their proportionate amount of the taxes due on the real

estate, a municipality may file a claim for the unpaid taxes

against the estate, title and interest of each owner who has not

paid their proportionate share of the tax.

(b) Release of proportionate share of tax.--If a claim for

taxes has been filed against real estate owned by joint tenants,

tenants in common or coparceners, the claimant shall release the

estate, title and interest of each joint tenant, tenant in

common or coparcener from the tax claim, upon payment by the

joint tenant, tenant in common or coparcener of their

proportionate share of the taxes, with proportionate interest

and costs.

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owned by more than one owner or part owner and the estate and

title of an owner or part owner is exempt from or has not been

subjected to taxation or municipal claims, the estate and title

of each owner or part owner which is not exempt from or which

has been subjected to taxation or municipal claims shall be

subject to the tax and municipal claims provided for under this

chapter. Property subject to tax and municipal claims under this

subsection shall be subject as any other real property liable to

assessment for taxes and municipal claims, by filing a lien

against the estate, title and interest of each owner subject to

the claim.

§ 2509. Highway footways.

(a) Claim prohibited.--Except as provided under subsection

(b), a claim may not be filed for curbing, recurbing, paving,

repaving or repairing the footway of a highway.

(b) Exception.--A claim may be filed under subsection (a) if

the owner of the property has, after notice served on the owner,

the owner's known agent or the occupant of the property, not

done the work described under subsection (a) within the period

of time as may be described by ordinance. If no agent or

occupant is known by the claimant, the notice may be posted on

the most public part of the property. This subsection shall not

apply if the curbing, recurbing or repaving of the footway forms

part of an improvement resulting in the paving, macadamizing or

improving the cartway of the highway.

§ 2510. Written notice.

(a) Service.--If claims are to be filed to use, a claimant,

at least one month before the claim is filed, shall serve a

written notice of the claimant's intention to file the claim

unless the amount due is paid. Service may be made personally on

the owner, except that if the owner cannot be served in the

county where the property is situated, notice may be served on

the owner's agent or the party in possession of the property. If

an agent or party in possession does not exist, service may be

posted on the most public part of the property.

(b) Nonapplicability.--Subsection (a) shall not apply if:

(1) the use-plaintiff is a city, borough or township to

which a municipal claim of a municipal authority organized by

a city of the second class, a county of the second class or a

city of the third class has been assigned or sold, as

provided under section 2505 (relating to liens); and

(2) the procedure for filing, reviving and enforcing a

lien for the assigned claim is the same as provided under

this chapter for filing, reviving and enforcing liens based

on the use-plaintiff's own municipal claims.

§ 2511. Time and place for filing, liability, interest, form,

contents, appeals from assessments, indexing, revival

and order fixing amount.

(a) Time and place for filing.--

(1) Except as provided under paragraph (2), a claim for

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taxes, water rents or rates, lighting rates, power rates and

sewer rates shall be filed in the court of common pleas of

the county in which the property is situated.

(2) If the property is situate in the City of

Philadelphia and the taxes or rates do not exceed the maximum

amount over which the Municipal Court of Philadelphia has

original jurisdiction, a claim shall be filed in the

Municipal Court of Philadelphia.

(3) Except as provided under paragraph (4), a claim

shall be filed on or before the last day of the third

calendar year after the date in which the taxes or rates are

first payable.

(4) In city or school district of the first class, a

claim, which has become a lien under this chapter and has

been entered on the record as a lien or has been liened and

revived, shall continue and remain as a lien for a period of

20 years from date of the revival, entry or lien by operation

of law, whichever occurs last. Any other municipal claim

shall be filed in the court of common pleas or the Municipal

Court of Philadelphia within six months from the date when

any of the following occurred:

(i) The work was done in front of the property.

(ii) The charge against the property is assessed or

made at the time the work is authorized.

(iii) The completion of the improvement on the

property. The certificate of a surveyor, engineer or

other officer supervising the improvement, filed in the

proper office, may be used to determine the time of the

completion of the improvement on the property. The

surveyor, engineer or other officer shall be personally

liable to any individual injured by a false statement

regarding the completion of the improvement on the

property.

(iv) The assessment is made by the municipality upon

the property after the completion of the improvement on

the property.

(v) The confirmation by the court if confirmation is

required.

(b) Liability.--If a borough is located in more than one

county, a claim may be filed by the borough in each county where

the borough is located. In the case of real estate benefited by

an improvement that is sold before the municipal claim is filed,

the date of completion in the certificate shall determine the

liability for the payment of the claim between the buyer and

seller, unless otherwise agreed upon or as specified under

subsection (a).

(1) The number of years' taxes or rates of different

kinds, if payable to the same plaintiff, may be included in

one claim. Interest as determined by the municipality at a

rate not to exceed 10% each year shall be collectible on a

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municipal claim from the date of the completion of the work

after the claim is filed as a lien and on a claim for taxes,

water rents or rates, lighting rates or sewer rates from the

date of the filing of the lien. After December 28, 1981 , in

the case of a municipal claim filed for a municipal project

which required the municipality to issue bonds to finance the

project, interest shall be collectible on the claim at the

rate of interest of the bond issue or 12% per year, whichever

rate is less.

(2) Except as provided under paragraph (3), the

provisions of any other act relating to claims for taxes,

water rents or rates, lighting rates, power rates, sewer

rents or rates or for any other type of municipal claim or

lien utilizes the procedures provided under this chapter and

the provisions of the other act establish a different rate of

interest for a claim or lien under this chapter, the maximum

rate of interest of 10% per year as provided under this

subsection shall apply to the claim or lien provided under

the other act.

(3) After December 28, 1981 , in the case of municipal

claim filed for a municipal project which required the

municipality to issue bonds to finance the project, interest

shall be collectible on the claim at the rate of interest of

the bond issue or 12% per year, whichever rate is less.

(d) Form.--

(1) Claims for taxes, water rents or rates, lighting

rates, power rates and sewer rates may be in the form of

written or typewritten lists showing the names of the

taxables, including all of the following:

(i) The name and last known address with the zip

code of the owner of each property against which a claim

is being filed.

(ii) The descriptions of the properties against

which the claims are filed, including the amount of the

taxes due to the municipality.

(2) The lists under paragraph (1) may be filed on behalf

of a single municipality or cover the unpaid taxes due to two

or more municipalities which have taxes collected by the same

tax collector if amounts due to each municipality are

separately shown.

(3) Tax claims, water rents or rates, lighting rates,

power rates and sewer rates filed in the form specified under

this subsection shall be considered ratified, confirmed and

valid subsisting liens as of the date of the original filing.

(e) Contents.--A number of years' taxes or rates of

different kinds, if payable to the same plaintiff, may be

included in one claim. A municipal claim shall be filed in the

same manner within the required period if an appeal is taken

from the assessment for the recovery for which the municipal

claim is filed.

(f) Appeals from assessments.--If a municipal claim is filed

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for an appeal taken from the assessment for the recovery, the

lien claim shall be in the form provided under this section,

except that the claim shall specify the amount of the claim as

an undetermined amount to be determined by the appeal taken from

the assessment upon which the municipal claim is based, pending

in the court when the appeals proceeding will occur.

(g) Indexing.--Upon the filing of a municipal claim for an

appeal taken from the assessment for the recovery, the claim

shall be indexed by the prothonotary on the judgment index and

and the locality index of the court and the amount of the claim

shall be stated as an undetermined amount.

(h) Revival.--

(1) If the final judgment of a municipal claim for an

appeal taken from the assessment for the recovery is not

obtained within 20 years from the filing of the municipal

claim, the claimant in the lien shall, within the period of

20 years, file a suggestion of nonpayment in the form

specified under this subsection. Except as provided under

paragraph (2), a suggestion of nonpayment shall have the

effect of continuing the lien for an additional period of 20

years from the date of the filing of the suggestion of

nonpayment.

(2) Regarding a claim for taxes or any other municipal

claim in a city or school district of the first class, if

final judgment is not obtained for the appeal within 20 years

from the filing of the municipal claim, the claimant in the

lien shall, within the period of 20 years, file a suggestion

of nonpayment in the prescribed form. The suggestion of

nonpayment shall have the effect of continuing the lien for

an additional period of 20 years from the date of filing the

suggestion of nonpayment.

(3) Except as provided under paragraph (4), a municipal

claim shall be revived in the similar manner provided under

this subsection during each recurring period of 20 years

until final judgment is entered upon the appeal and the

undetermined amount of the municipal claim is fixed as

specified under subsection (i).

(4) Regarding a claim for taxes or any other municipal

claim in a city or school district of the first class, a

municipal claim shall be revived in a similar manner provided

under this subsection during each recurring period of 20

years until final judgment is entered upon the appeal and the

undetermined amount of the municipal claim is fixed as

specified under subsection (i).

(i) Order fixing amount.--

(1) When the final judgment is obtained upon an appeal

filed under subsection (h), the court in which the municipal

claim is pending shall, upon the petition of any interested

party, make an order fixing the undetermined amount claimed

in the claim at the amount determined by the final judgment

upon the appeal. The amount of the municipal claim shall bear

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interest from the date of when final judgment was entered and

shall remain at that fixed sum. Proceedings upon the

municipal claim after the date of the order shall be

conducted in the same manner as in other cases.

(2) If, during the final judgment upon an appeal filed

under subsection (h), no amount is due upon the assessment

for the recovery of which the municipal claim is filed, the

court in which the claim is pending shall, upon the petition

of any interested party, make an order striking the claim

from the record and charge the cost incurred from the claim

to the plaintiff.

(3) If the appeal filed under subsection (h) is

discontinued, the court in which the municipal claim is

pending shall, upon the petition of any interested party,

make an order fixing the undetermined amount claimed at the

amount of the original assessment. The amount shall bear

interest from the date the assessment was originally payable

and shall remain at that fixed sum.

(4) In a county of the second class and municipalities

located within the county of the second class, interest at

the applicable annual rate shall accrue monthly on all taxes,

tax claims and municipal claims on the first day of the month

for the entire month, or part of the month, when the taxes,

tax claims or municipal claims are paid. Interest shall not

be paid on a per diem basis. In a county of the second class,

all unpaid county taxes shall become delinquent as provided

by the laws of this Commonwealth shall include a penalty of

5% for the delinquency.

(5) In a county of the second class, collected taxes and

tax claims shall be paid into the county treasury for the use

of the county unless the taxes and tax claims are assigned.

If the taxes and tax claims are assigned, there shall be no

requirement that the taxes and tax claims collected by the

assignee be paid into the county treasury.

(6) In a county of the second class, the county shall

not be required to advance or pay any fee to the prothonotary

for the filing of paper, an electronic filing or performing

any services for the county of the second class relating to

the filing, satisfaction, assignment, transfer, revival,

amendment, enforcement and collection of taxes, tax claims or

tax liens. The prothonotary shall accept filings by or on

behalf of a county of the second class relating to the taxes,

tax claims or tax liens and document the cost for providing

the service performed on the docket. After the prothonotary

documents the costs of providing the service performed on the

docket, the county of the second class and its employees,

representatives, agents or assignees shall collect the fee as

part of the taxes, tax claims or tax liens.

§ 2512. Contents of claim, signature, county taxes, levies or

assessments and affidavits of use-plaintiff.

(a) Contents of claim.--A claim must specify all of the

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following:

(1) The name of the municipality that filed the claim.

(2) The name and last known address, including the zip

code, of the owner of the property against which the claim is

filed.

(3) A description of the property against which the

claim is filed.

(4) The authority under or by virtue of which the tax

was levied or the work was done.

(5) Any of the following:

(i) The time for which the tax was levied.

(ii) The date on which the work was completed in

front of the particular property against which the claim

is filed.

(iii) The date of completion of the improvement

where the assessment is made after completion.

(iv) The date of confirmation by the court where

confirmation is required to be done.

(6) If filed to the use of a contractor, the date of and

parties to the contract for doing the work.

(7) In other than tax claims, the kind and character of

the work done for which the claim is filed and, if the work

requires previous notice to the owner to do the work, when

and how the notice was given.

(b) Signature and affidavit.--

(1) Except as provided in paragraph (2), a claim shall

be signed by or have stamped on the claim a facsimile

signature of the solicitor or chief executive officer of the

claimant or the chief of the claimant's delinquent tax

bureau.

(2) In counties of the second class, a claim for county

taxes, levies or assessments shall be signed by or have

stamped on the claim a facsimile signature of the county

controller.

(3) In the case of a use-plaintiff, a claim must be

accompanied by an affidavit that the facts specified in the

claim are true to the best of the use-plaintiff's knowledge,

information and belief.

§ 2513. Property included in claims and payment of portion.

(a) Tax claim.--The property described in a tax claim shall

include the whole property against which the tax is levied.

(b) Municipal claim.--The property described in a municipal

claim may include the whole contiguous property or only the lot

in front of or upon which the work is done, or to which service

is supplied, of a depth as is usual in properties of the same

kind or character in the particular neighborhood.

not be invalid by reason of including in the claim property to a

greater depth than specified in subsection (b). The court in

which the claim is filed may, at any time prior to judgment on

the claim, but not afterwards, upon it appearing that the claim

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includes property to a greater depth than is made subject to the

claim, limit the lien of the claim to the proper depth.

(d) Narrow strip.--If an owner of property abutting a

highway conveys or at any time has conveyed a strip of land

abutting the highway that is too narrow to be used as a site for

the smallest width dwelling allowed by law to be erected on the

strip, the conveyance shall be deemed to be made for the purpose

of evading liability for the municipal improvements made or to

be made in the highway and:

(1) the assessment may be made, at the option of the

municipality, against the lot as it existed before the

division; and

(2) the lien may be filed against the entire lot as

assessed, joining the owners of both the rear lot and the

strip in the claim.

(e) Separate and distinct properties.--If a tax is levied on

or filed against separate and distinct properties in one amount

covering all the properties, the proper public authority shall,

if tendered with all costs, if any, accept payment of the

portion of the whole amount of the tax chargeable upon each or

any of the separate and distinct properties charged together,

according to the tax rate and assessed valuation of the

properties. The payment and satisfaction of any one portion may

be made without prejudice to the claim against the remainder.

§ 2514. Intervening or substituted defendants.

(a) Intervention.--An individual having an interest in the

property, whenever acquired, may, after 10 days' prior notice in

writing, by leave of court, intervene as a party defendant and

make defense to a claim, with the same effect as if the

individual had been originally named as a defendant in the claim

filed.

(b) Substitution.--A claimant may, by writing filed at the

claimant's costs, strike off the name of a defendant in the

claim and may substitute as a defendant, and issue a scire

facias against an individual who may have an interest in the

claim as owner or an individual who is the personal

representative of an owner who has died either before or after

filing the claim. The substitution shall be without prejudice to

any intervening rights.

§ 2515. Separate and distinct properties and apportionment of

charge.

(a) Authorization of proper public authority.--If a tax

claim or municipal claim is levied on or filed against separate

and distinct properties as one estate, the proper public

authority, either before or after filing the claim, may

apportion the claim ratably upon the separate and distinct

properties that are assessed together.

(b) Court authorization.--The court in which the claim under

this section is filed, on proof that the properties were

separate and distinct at the time the tax was levied or the work

was done, shall, at any stage of the proceedings, apportion the

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charge against the properties.

shall be treated and considered in all respects as if separate

and distinct claims had been filed. Payment and satisfaction of

a portion may be made without prejudice to the claim as against

the rest.

§ 2516. Petition of defendant, payment into court, affidavit,

rule, decree and jury trial.

(a) Petition.--A defendant named in a claim, or an

individual allowed to intervene and defend against the claim,

may, at any stage of the proceedings, present a petition, under

oath or affirmation:

(1) specifying that the defendant has a defense in whole

or in part to the claim and what constitutes the defense;

(2) requesting that a rule be granted upon the claimant

to file an affidavit of the amount claimed and to show cause

why the petitioner should not have leave to pay money into

court; and

(3) in the case of a municipal claim, to enter security

in lieu of the claim.

(b) Grant of rule.--Upon the presentation of the petition

under subsection (a), the court shall grant the rule as

requested.

the claim and the affidavit of defense, and without a petition

if an affidavit of defense has been filed, the court shall:

(1) Determine how much of the claim is admitted or not

sufficiently denied.

(2) Enter a decree that the claim shall be wholly

discharged as a lien against the property described in the

claim and shall be stricken from the judgment index upon:

(i) Payment by the petitioner to the claimant of the

amount found to be due, with interest and costs on the

amount found to be due, or payment into court if the

claimant refuses to accept the payment by the petitioner.

(ii) Payment into court of a sum sufficient to cover

the balance claimed, with interest and costs, or the

entry of approved security in the case of a municipal

claim.

(d) Jury trial.--After the proceedings specified under

subsection (c), the material disputed facts, if any, shall be

tried by a jury, without further pleadings, with the same effect

as if a writ of scire facias had duly issued upon the claim, to

recover the balance of the claim. The following shall apply:

(1) The jury shall be sworn to try the issues between

the claimant and the parties who paid the money into court or

entered security.

(2) The verdict, judgment and payment or execution shall

follow as in other cases.

(3) The same course may be pursued, at the instance of

an owner, if the claim has not been filed and the petitioner

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complies with the decree made. The following shall apply:

(i) The money paid into court or security entered

shall stand in lieu of the claim.

(ii) Security entered shall not be filed, but if

filed, shall be stricken off upon motion.

§ 2517. Time of lien.

(a) General rule.--

(1) A tax, municipal or other claim, if filed within the

period specified in this chapter, shall remain a lien upon

the properties until fully paid and satisfied if either a

suggestion of nonpayment and an averment of default, in the

form provided in this section is filed, either before or

after judgment on the scire facias, or a writ of scire

facias, in the form provided in this chapter, is issued to

revive the claim, within each period of 20 years following:

(i) the date on which the claim was filed;

(ii) the date on which a writ of scire facias was

issued on the claim;

(iii) the date on which a judgment was entered on

the claim;

(iv) the date on which a previous suggestion of

nonpayment and default was filed on the claim; or

(v) the date on which a judgment of revival was

obtained on the claim.

(2) In a city and school district of the first class

with respect to taxes and other municipal claims, the period

within which the liens may be revived shall be 20 years.

(b) Form of suggestion and averment.--The suggestion and

averment shall be in the following form, under the caption of

the claim:

And now , the claimant,

by , its solicitor, or by the chief

of its delinquent tax bureau, or, in counties of the second

class, by the county controller, suggests of record that the

above claim is still due and owing to the claimant, and avers

that the owner is still in default for nonpayment thereof. The

prothonotary is directed to enter this suggestion and averment

on the municipal lien or the proper docket of the claim, and

also to index it upon the judgment index and on the locality

index of the court, for the purpose of continuing the lien of

the claim.

(1) Except as provided in paragraph (2), the suggestion

and averment shall be signed by or have stamped on its face a

facsimile signature of the solicitor or chief executive

officer of the claimant or the chief of the claimant's

delinquent tax bureau.

(2) In a county of the second class, the suggestion and

averment shall be signed by, or have stamped on its face a

facsimile signature of, the county controller.

(3) The prothonotary shall docket and index the

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suggestion and averments as directed.

(d) Legal effect of filing and indexing.--

(1) The filing and indexing of the suggestion and

averment within 20 years or, in a city or school district of

the first class within 20 years of filing the claim or the

issuing of a writ of scire facias on the claim, or of any

judgment on the claim, or of the filing of a prior suggestion

and averment of default, shall have the same force and

effect, for the purposes of continuing and preserving the

lien of the claim, as if a writ of scire facias had been

issued or a judgment or judgment of revival had been obtained

within the period.

(2) No writ of levari facias shall be issued on a claim

for the purpose of exposing the property liened to sheriff's

sale, except after a judgment has been duly obtained on the

claim, as provided in this section, and the judgment has been

obtained within 20 years or, in a city or school district of

the first class, within 20 years of the issuance of the

levari facias.

(3) When the lien of a claim has been revived and

continued by the filing and indexing of a suggestion and

averment of default, the claimant may, at any time within 20

years from the indexing or, in a city or school district of

the first class within 20 years, issue a writ of scire facias

on the claim reciting all suggestion and averment of default

filed since the filing of the claim, and shall proceed on the

lien, in the manner provided in this chapter, subject to the

right of the owner to raise a defense arising since the last

judgment.

(e) Loss of lien.--If a claim is not filed within the time

required by this chapter or the claim is not prosecuted in the

manner and at the time required by this chapter, the lien on

real estate shall be wholly lost.

(f) Costs of filing claim.--The charge for filing the claim

of a municipality or municipal authority shall include the cost

of marking the record paid and satisfied. When the claim and

costs are paid, the municipality or municipal authority shall

notify the prothonotary.

(g) Revival of self-assessed tax liens.--Notwithstanding any

other provision of this or any other act to the contrary, all

judgments in favor of cities, counties and school districts of

the first class relating to self-assessed taxes as defined in

section 2 of the act of December 1, 1959 (P.L.1673, No.616),

known as the Self-Assessed Tax Lien Act, may be revived in the

manner provided for in this section.

§ 2518. Scire facias.

(a) Notice to file.--A party named as defendant in the claim

filed, or admitted to defend the claim, may file and serve a

notice on the claimant or counsel of record to issue a scire

facias on the claim within 15 days after the notice.

(b) Striking of claim.--If no scire facias is issued within

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15 days after the affidavit of service of notice is filed of

record, the claim shall be stricken off by the court, upon

motion.

accordance with the notice, the claimant may not discontinue the

claim or suffer a nonsuit on the trial of the claim, but a

compulsory nonsuit shall be entered by the court if the claimant

does not appear or withdraws or for any reason fails to maintain

the claim.

§ 2519. Form of scire facias.

(a) General rule.--The claim shall be sued by writ of scire

facias, and the form thereof shall be substantially as follows:

The Commonwealth of Pennsylvania to (names of the parties

defendant), Greeting:

Whereas, The (city, borough, or other municipality, as the

case may be,) on the day of , A.D. 2 , filed

its claim in our court of common pleas of

County; at No. , Term, 1 , M.L.D., for

the sum of $ , with interest from the day of

, 2 , for (give the improvement, or that for which the claim

is filed), against the following property situate in (give

location and brief description of the property), owned or

reputed to be owned by you.

And whereas, We have been given to understand that said claim

is still due and unpaid, and remains a lien against the said

property;

Now, you are hereby notified to file your affidavit of

defense to said claim, if defense you have thereto, in the

office of the prothonotary of our said court, within 15 days

after the service of this writ upon you. If no affidavit of

defense be filed within said time, judgment may be entered

against you for the whole claim, and the property described in

the claim be sold to recover the amount thereof.

Witness the Honorable , President Judge

of our said court, this day of ,

A.D. 2 .

Prothonotary.

(Seal.)

(b) Addition of parties and amicable scire facias.--

(1) When the claimant files a praecipe for the writ of

scire facias, the claimant may direct the prothonotary to add

and insert the names of any individual whom the claimant may

know to have an interest in the premises, and the scire

facias shall be issued containing the additional names.

(2) The parties to the claim may agree on an amicable

scire facias, upon terms as may be agreed to, with the same

effect as if a scire facias, in the form under subsection

(a), had been duly issued, served and returned; or the

defendants, or any of them, may waive the issue of a scire

facias and appear with like effect as if the scire facias had

been issued and served.

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§ 2520. Duties of sheriff.

(a) Addition of parties.--The sheriff to whom the scire

facias is given for service shall add to the writ, as parties

defendant, all individuals, other than those named in the writ,

who may be found in possession of the property described, or any

part of the property. In case no one is found in possession by

the sheriff, the sheriff shall post a true copy of the writ on

the most public part of the property. The sheriff shall add to

the writ the names of any individual, not already named in the

writ, who the sheriff ascertains to have an interest in the

property described, or any part of the property, which writ

shall then be further served as follows:

(1) By serving, as in the case of a summons, the

individuals named in or added to the writ as may be found in

the county in which the writ issued.

(2) Where the sheriff has information that the

individuals named in or added to the writ, or any of them,

may be found in any other county of this Commonwealth, the

individual shall be served, as in the case of a summons, by

the sheriff of the county in which the individual may reside,

and the sheriff shall be deputized for that purpose by the

sheriff of the county in which the writ issues.

(3) If the individuals named in or added to the writ

cannot be found by the sheriff, their residences within this

Commonwealth are unknown to the sheriff or they reside

outside this Commonwealth, then the writ may be served by

advertising a copy or a brief notice of the contents of the

writ once a week for three successive weeks in one newspaper

of general circulation in the county and in the legal

periodical, if any, designated by the court for that purpose.

Any individual may accept service of the writ, in person or

by counsel, with the same effect as if duly served by the

sheriff.

(b) Legal effect of advertised writ; service, posting and

return.--

(1) Where the writ or the brief notice of the contents

of the writ have been advertised as provided in this chapter,

it shall have the same effect as if the writ had been

personally served.

(2) All individuals named in or added to the writ, as to

whom publication has been made, shall file an affidavit of

defense, as required by the writ, within 15 days after the

date of the last weekly advertisement of the writ.

(3) All individuals named in or added to the writ who

have been served as in case of a summons shall file an

affidavit of defense, as required by the writ, within 15 days

after service. Service of the writ may be made at any time

within three months from the date on which the writ was

issued, but the writ shall be served and returned at the

earliest date possible, and the plaintiff may require return

of the writ at any time, whether or not the writ was actually

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served.

§ 2521. Judgment for want of affidavit of defense, assessment

of damages, rule for judgment and reply.

(a) Failure to file affidavit or defense.--If a defendant

fails to file an affidavit of defense within the time

designated, a default judgment may be entered and damages

assessment by the prothonotary of the court in which the claim

was filed. The damages assessment shall include a fee for

collection to plaintiff's attorney in accordance with section

2504 (relating to claims assessment).

(b) Insufficient affidavit of defense.--A rule may be taken

for judgment if a defendant files an insufficient affidavit of

defense against a claim, or for so much of the claim as is

insufficiently denied, with leave to proceed for the remainder

of the claim.

the plaintiff to reply, under oath or affirmation, to the

statements in the affidavit of defense, and, after the reply has

been filed, may move for judgment on the whole record.

§ 2522. Evidence, compulsory nonsuit, verdict and attorney fee.

The following shall apply:

(1) Tax claims and municipal claims shall be prima facie

evidence of the facts averred in all cases.

(2) Averments in both tax and municipal claims shall be

conclusive evidence of the facts averred, except in the

particulars in which those averments shall be specifically

denied by the affidavit of defense, or amendment to the

averment duly allowed.

(3) A compulsory nonsuit, upon trial, shall be

equivalent to a verdict for the defendant, whether the

plaintiff appeared or not.

(4) If a plaintiff recovers a verdict, upon trial, in

excess of the amount admitted by the defendant in the

defendant's affidavit of defense or pleadings, the plaintiff

shall be entitled to reasonable attorney fees in accordance

with section 2504 (relating to claims assessment) .

§ 2523. Scire facias to revive judgment, form and fee for

additional names.

The following shall apply to the revival of judgment:

(1) The judgment upon a claim may be revived by writ of

scire facias in the following form:

The Commonwealth of Pennsylvania, to C.D. and E.F., Greeting:

Whereas, A.B., claimant, on the day of ,

A.D. 2 , recovered judgment in the sum of dollars

against you, that the following described property be sold to

satisfy the same:

(Here describe property in full.)

And whereas, We have been given to understand that though

judgment, as aforesaid, was rendered, yet the amount thereof is

still due and unpaid, and remains as a lien against said

property. Now, you are hereby notified to file your affidavit of

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defense to A.B.'s claim upon said judgment, if any defense you

have, in the office of the prothonotary of our said court,

within 15 days after service of this writ upon you. If no

affidavit of defense be filed within that time, said judgment

may be revived against you for the amount set forth, with

interest from the time of its recovery, and said property to be

sold to recover the whole thereof.

Witness the Hon , President Judge of our said

court, this day of , A.D. 2 .

Prothonotary.

(Seal.)

(2) The parties to a judgment may agree upon an amicable

scire facias to revive or to an amicable judgment of revival

upon agreed upon terms, with the same effect as if a scire

facias in the form under paragraph (1) had been duly issued,

served and returned.

(3) Where the name of more than one defendant is

included in the scire facias described in this section, the

prothonotary shall be entitled to an additional fee of 25¢

for each extra name.

§ 2524. Service of scire facias to revive judgment and

procedure.

A writ of scire facias for revival under section 2523

(relating to scire facias to revive judgment, form and fee for

additional names) shall be served, and the proceedings

conducted, to individuals found by the sheriff and in the manner

provided under this chapter for the original scire facias sur

claim. A return of nihil habet to the writs to revive shall be

equivalent to personal service upon the defendants. The practice

and procedure following the scire facias to revive, so far as

applicable, shall be the same as in the case of the original

scire facias to collect the claim.

§ 2525. Judgment for plaintiff and costs.

All judgments for the plaintiff, whether on the original

scire facias or a scire facias to revive, shall be de terris

and shall be recovered out of the property bound by lien. The

costs, whether as against the plaintiff or the defendant

defending against the claim, may be recovered by execution as in

personal actions.

§ 2526. Sequestrator and supersedeas.

(a) General rule.--Upon the expiration of 20 days from the

recovery of judgment, whether on the original scire or a scire

facias to revive, the court shall, upon the petition of the

plaintiff, appoint a sequestrator of the rents, issues and

profits of the property bound by the judgment, unless in the

meantime an appeal be taken, and approved security given to

operate as supersedeas.

(b) Essential property limitation.--Subsection (a) shall not

apply to property essential to the business of a quasi-public

corporation.

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(1) If the owner against whom a judgment is entered

retains possession of the sequestered property, or the party

in possession refuse to pay a fair rent, the court shall,

upon petition filed and served, grant a rule awarding a writ

in the nature of a writ of habere facias possessionem

directed to the owner or the party in possession commanding

delivery of the possession to the sequestrator within 15

days.

(2) Paragraph (1) shall not apply to property occupied

by the owner and the owner's family as a home. The owner

shall be entitled to retain possession for a period of one

month from the time the petition was served upon the owner.

(d) Sequestrator.--The following shall apply to a

sequestrator:

(1) A sequestrator, once appointed, shall have power to

perform the following:

(i) Retain possession as sequestrator until all the

taxes owing at the time of appointment shall have been

collected or paid.

(ii) Lease retained property for a period not

exceeding one year with the usual privilege of renewal or

termination thereof upon three months notice.

(2) The sequestrator may:

(i) Make reasonably necessary repairs to the

property to restore or maintain the property in a

tenantable condition.

(ii) Advertise for tenants and collect the costs of

repairs and advertising from rentals collected or from a

redeeming owner.

(iii) Appoint an agent to collect the rentals of the

property and pay the agent commissions for rent

collections.

(e) Deduction of costs.--All commissions, costs and

necessary expenses shall be deducted from the rents collected

before paying the net balance towards the taxes.

(f) Redemption of property.--An owner of the property may

redeem the property from the sequestrator and be entitled to

possession upon payment of the net amount of taxes then owing

upon the property after payment of the commissions, costs and

expenses of the sequestration proceedings.

(g) Payment of all taxes.--Upon payment of all taxes owing,

either by a redeeming owner or by collection of rentals, the

sequestrator shall transfer the possession of the property to

the owner, subject to any existing lease or leases given or

executed by the sequestrator. A lease or leases executed by the

sequestrator shall be assigned to the owner.

(h) Power of sequestrator.--Sequestrators appointed under

this chapter shall exercise all powers and use all remedies

conferred by the laws of this Commonwealth upon sequestrators in

other proceedings, as applicable.

§ 2527. Dockets.

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The following shall apply:

(1) Every claim filed, scire facias issued, verdict

recovered and judgment entered in accordance with this

chapter shall be docketed in the appropriate docket, and,

except as provided under paragraphs (2) and (3), shall be

entered upon the judgment index of the court.

(2) A note shall be made on the docket when a claim is

stricken off or satisfied, the name of a defendant stricken

out, a scire facias discontinued or quashed or a verdict or

judgment stricken off or satisfied.

(3) In counties in which the filing of liens for county

taxes was authorized by law prior to June 4, 1901, the method

of filing, entering, docketing and indexing liens for county,

road, poor, school, borough, school building, township and

other taxes assessed in boroughs and townships in the

counties shall remain and be continued in the same manner and

form as in use prior June 4, 1901, notwithstanding the

passage of the same.

§ 2528. Locality index, unpaid tax list and consumer reporting

agencies.

(a) Prothonotaries.--Each prothonotary of the courts of

common pleas shall keep a locality index containing all tax or

municipal claims filed. Upon a written order for the index, the

prothonotary shall give a certificate of search, showing all the

claims filed against any property. The prothonotary shall be

reimbursed the sum of 25¢, and 5¢ additional for each claim

certified, for keeping the locality index.

(b) Public record.--In addition to the requirements of

subsection (a), the following shall apply:

(1) The department or public official responsible for

collection of delinquent taxes in a municipality that

collects delinquent taxes under this chapter and the county

treasurer in a county of the second class shall maintain as a

public record a list of all properties against which taxes

levied in a prior taxable year remain unpaid and the

following shall apply:

(i) The list shall include the following

information:

(A) A description of the property.

(B) The property's location.

the zip code, of the owner of the property.

(D) The amount of unpaid taxes, penalties and

interest due for all years other than the current tax

year.

(ii) It shall be noted on the list if taxes on the

list are paid, another settlement had been agreed to or

if a tax sale of the property is held.

(2) The department or public official responsible for

collection of delinquent taxes may report any nonpayment of

taxes, including liens, to one or more consumer reporting

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agencies, as defined by the Fair Credit Reporting Act (Public

Law 91-508, 15 U.S.C. § 1681 et seq.).

§ 2529. Stay of proceedings.

(a) General rule.--At any time before the property is sold,

approved security may be entered for a stay of proceedings until

the expiration of one year after the date of filing the claim.

(b) Admission by owner.--The entry of approved security by

the owner, before the entry of judgment on the claim, shall be

equivalent to an admission by the owner that the property is

liable for the claim.

claimant may proceed upon the claim and the bond given,

separately or simultaneously.

§ 2530. Execution of judgment.

(a) Writ of levari facias.--Execution upon a judgment

recovered upon a claim, except where the property named is

essential to the business of a quasi-public corporation, shall

be by writ of levari facias in the following form:

The Commonwealth of Pennsylvania:

To the sheriff of County, Greeting:

Whereas, A.B., claimant, on the day of , Anno

Domini 2 , recovered judgment in the sum of dollars,

with interest from the day of , Anno Domini 2 ,

and the costs amounting to dollars, in our court of

common pleas of said county, of Term , No.

, M.L.D. against C.D. and E.F., that the following described

property in your bailiwick be sold to satisfy the same, viz.:

(Here describe the property in full.)

Now, this is to command you that you expose the said property

to sale by public vendue and outcry, after due advertisement

according to law, and that return of the sale, with the moneys

realized thereby and this writ, you make to our said court on

the day of , Anno Domini 2 .

Witness the Honorable , President Judge

of our said court, this day of , Anno Domini

2 .

(b) Sale of property.--Advertisement of a sale shall be

made, and the deed to the purchaser shall be executed,

acknowledged and delivered, as in other real estate sales by the

sheriff.

§ 2531. Price and requirements of sale.

(a) Upset price.--The plaintiff in a judgment recovered on a

tax or municipal claim may, upon paying the sheriff's costs, fix

an upset price to be realized at a sale under the judgment

sufficient to pay all taxes and municipal claims and all accrued

but unfiled taxes and claims in full.

(b) Requirements.--No sale shall be made on a judgment

recovered on a tax or municipal claim except for a sum

sufficient to pay all taxes and municipal claims in full, except

as provided under this section, and the plaintiff in the

judgment may purchase the property at the sale, for that sum, if

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no one bids a higher price on the property, except when a

municipality is the real plaintiff in the judgment, and no one

else bids a sum sufficient to pay the sheriff's costs and all

taxes and municipal claims in full, the municipality may

purchase the property for the sheriff's costs on the property,

subject to the lien of all taxes and municipal claims and liens

not otherwise discharged by the sale under existing law.

municipality for the sheriff's costs, any income received from

the property by the municipality in excess of that necessary for

the upkeep of the property, the payment of insurance premiums on

the property and the cost of improvements to the property, shall

be applied to the payment of the costs of the sale, then to

payment of all taxes liened and unliened, in the order of their

priority, the oldest being paid first, and then to municipal

claims in the same order.

§ 2532. Property of quasi-public corporations.

(a) General rule.--Where judgment is recovered upon a claim

on property named that is essential to the business of a quasi-

public corporation, the claimant shall have execution on the

claim as in other cases of judgments against quasi-public

corporations.

(b) Determination of value.--Upon the distribution of funds

realized by a sale of the franchises and the whole or any part

of the assets of the quasi-public corporation, the court shall

determine the actual value of the property bound by the lien,

and the claim shall be preferred, with the other claims, to the

extent of the value determined.

§ 2533. Sale of property subject to lien of tax or municipal

claims.

(a) Divestment by judicial sale.--The lien of a tax or a

municipal claim:

(1) Shall not be divested by a judicial sale of the

property liened where the amount due is indefinite or

undetermined or where the amount is not due and payable.

(2) Shall not be divested by a judicial sale of the

property liened if the proceeds of the sale may be

insufficient to discharge the lien of a tax or municipal

claim.

(b) Other tax and municipal claims.--Except as otherwise

provided, shall a judicial sale of the property liened, under a

judgment obtained on a tax or municipal claim, discharge the

lien of a tax or municipal claim other than that upon which the

sale is had, except to the extent that the proceeds realized are

sufficient for its payment after paying the costs, charges and

fees, including reasonable attorney fees, expenses of the sale

and of the writ upon which it was made, and any other prior tax

or municipal claims to which the funds may first be applicable.

(1) On any sale being made, all tax claims shall be paid

out of the proceeds as follows:

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(i) First, the oldest tax having priority.

(ii) Second, municipal claims, the oldest in point

of lien having priority.

(2) Mortgages, ground rents and other charges on or

estates in the property which were recorded, or created where

recording is not required, before any tax other than for the

current year accrue, or before the actual doing of the work

in front of or upon the particular property for which the

municipal claim is filed, shall not be disturbed by the sale

unless a prior lien is also discharged by the sale.

(d) Right of plaintiff to postpone sale.--The following

shall apply:

(1) In case the property is not sold for a sum

sufficient to pay all taxes and municipal claims, together

with the costs of the taxes and municipal claims, the

plaintiff may postpone the sale, without payment of costs,

and file a petition stating:

(i) That more than one year has elapsed since the

filing of the claim.

(ii) That the plaintiff has exposed the property to

sheriff's sale under the claim and was unable to obtain a

bid sufficient to pay the upset price in full.

(iii) If the plaintiff is not a municipality, that

the plaintiff will bid sufficient to pay the upset price,

and upon the production of searches or a title insurance

policy showing the state of the record and the ownership

of the property, and of all tax and municipal claims,

mortgages, ground rents or other charges on or estates in

the land, the court shall grant a rule upon all parties

shown to be interested to appear and show cause why a

decree should not be made that the property be sold,

freed and cleared of the property's respective claims,

mortgages, charges and estates of any kind.

(2) If, upon a hearing, the court is satisfied that

service has been made of the rule upon the parties respondent

in the manner provided in section 2545 (relating to rule to

show cause, decree, service and notice), and that the facts

stated in the petition are true, the court shall order and

decree that the property be sold at a subsequent sheriff's

sale day to be fixed by the court without further

advertisement, and the court may fix a common date and place

of sale for more than one property if the court deems a joint

sale to be advantageous.

(e) Sheriff's sale.--All property at sheriff's sale shall be

sold, clear of all claims, liens, mortgages, charges and estates

of any kind, to the highest bidder at the sale, and the proceeds

realized from the sheriff's sale shall be distributed in

accordance with the priority of claims.

(f) Purchaser.--The purchaser at a sheriff's sale shall take

an absolute title to the property sold, free and discharged of

all tax and municipal claims, liens, mortgages, charges and

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estates of any kind, and subject only to the right of redemption

as provided by law.

(g) Counties of the second class.--In counties of the second

class, upon return of the writ upon which the sale was made,

upon the expiration of the statutory right of redemption and if

no petition to set aside the sale is pending, the prothonotary

shall satisfy all tax claims and municipal claims divested by

the judicial sale in accordance with the order of court

authorizing the sale.

(h) Interested individuals.--An individual interested may,

at any time before the sale, pay the petitioner the whole of the

petitioner's claim, with interest, costs, charges, expenses,

fees and attorney fees, whereupon the proceedings on the

petition shall at once determine.

(i) Testimony.--For the purpose of enabling the petitioner

in a proceeding to give the notice required, the petitioner may

take the testimony of the defendant in the claim, or of any

other individual whom the petitioner may have reason to believe

has knowledge of the whereabouts of any of the parties

respondent, either by deposition, commission or rogatory

letters.

(j) Purchase by municipality.--The following shall apply:

(1) A municipality, being a claimant, shall have the

right to bid and become the purchaser of the property at a

sale and, while the property purchased is held and owned by a

county, city, borough, incorporated town, township, school

district or a body politic and corporate created as a

municipal authority under law, the property shall not be

subject to tax claims, unless the property is redeemed by the

former owner or other individual having the right to redeem,

as provided by law.

(2) If a municipality becomes the purchaser at sale, the

former owner or other individual desiring to redeem shall pay

all taxes and municipal claims accrued and chargeable against

the property prior to the sale of the property, together with

the costs and interest on the claims, and also all taxes and

claims, whether filed or not, which would have accrued and

become chargeable against the property had the property been

purchased at the sale by a party other than the municipality.

(k) Final judgment.--Upon the delivery by the sheriff of a

deed for a property sold under a tax or municipal claim, the

judgment upon which the sale was had shall be final and

conclusive as to all matters of defense which could have been

raised in the proceeding, including payment, and no error or

irregularity in obtaining or entering of the judgment shall

affect the validity the judgment.

§ 2534. Counties of the first class, recovery of judgment and

sale free from claims.

(a) Additional remedy.--In addition to the remedy under

sections 2530 (relating to execution of judgment) and 2533

(relating to sale of property subject to lien of tax or

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municipal claims), if a claimant in a county of the first class

has obtained a judgment on a tax or municipal claim, the

claimant may file a petition in the court in which the

proceeding is pending. The petition shall state the facts

necessary to show the right to sell, together with searches or a

title insurance policy, showing the state of the record,

ownership of the property and of all tax and municipal claims,

mortgages, ground rents or other charges on, or estates in, the

land, as shown by the official records of the county or the

political subdivision in which the real estate is located.

(b) Hearing.--Upon showing the facts and records under this

section, the court shall conduct a hearing with all interested

parties to appear and show cause why a decree should not be made

that the property be sold, freed and cleared of the respective

claims, mortgages, ground rents, charges and estates and without

any right of redemption after the sale. If upon a hearing, the

court is satisfied that service has been made under this

subsection upon all interested parties in accordance with

section 2545 (relating to rule to show cause, decree, service

and notice) and that the facts stated in the petition are true,

the court shall order and decree that the property be sold at a

subsequent sheriff's sale at a time to be fixed by the claimant,

at least one year after the date of the decree, clear of all

claims, liens, mortgages, ground rents, charges and estates of

any kind, to the highest bidder at the sale.

Proceeds of the sale shall be distributed in accordance with the

priority of the claims, liens, mortgages, ground rents, charges

and estates, and the purchaser at the sale shall take and

forever thereafter have an absolute title to the property sold,

free and discharged of all tax and municipal claims, liens,

mortgages, ground rents, charges and estates of any kind and not

subject to any right of redemption.

(d) Advertisement.--Advertisement of the sale shall be made

and the deed to the purchaser shall be executed, acknowledged

and delivered as in other real estate sales by the sheriff,

provided that any individual interested may at any time prior to

the proposed sale pay all the costs of the proceedings,

including a reasonable fee for the necessary title search or

title insurance policy, to be fixed by the court and all tax and

municipal claims, penalties and interest charged against the

property. If an interested individual pays all costs under this

subsection prior to the sale, notice of this provision shall be

included with each service and publication of the rule.

(e) County of second class.--In addition to the remedy

prescribed in section 2530, whenever a municipality in a county

of the second class has obtained a judgment on a tax or

municipal claim, the county may file a petition in the court in

which the proceeding is pending. The petition shall state the

facts necessary to show the right to sell, a title search or a

title insurance policy showing the state of the record and the

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ownership of the property and all tax and municipal claims,

mortgages, ground rents or other charges on, or estates in, the

land as shown by the official records of the county or the

political subdivision in which the real estate is located.

(f) Hearing.--The court shall conduct a hearing with all

parties named in the petition to appear and show cause why a

decree shall not be made to sell the property free and clear of

all claims, mortgages, ground rents, charges and estates of any

kind and without any right of redemption after the sale. If,

upon a hearing, the court is satisfied that proper service has

been made on all interested parties in accordance with section

2545 and that the facts stated in the petition are true, the

court shall order and decree that the property be sold at a

subsequent sheriff's sale at a time fixed by the claimant, clear

of all claims, liens, mortgages, ground rents, charges and

estates of any kind, to the highest bidder at the sale.

(g) Proceeds of sale.--Proceeds realized from the sale shall

be distributed in accordance with the priority of claims, liens,

mortgages, ground rents, charges and estates and the purchaser

shall take and forever thereafter have an absolute title to the

property sold, free and discharged of all tax and municipal

claims, liens, mortgages, ground rents, charges and estates of

any kind and not subject to any right of redemption.

(h) Advertisement.--Advertisement of the sale shall be made

and the deed to the purchaser shall be executed, acknowledged

and delivered as in other real estate sales by the sheriff. An

interested individual may, at any time prior to the proposed

sale, pay all the costs, charges, expenses and fees and attorney

fees of the proceedings, including the cost for the title search

or title insurance policy, and all tax and municipal claims

charged against the property, whereupon the sale proceedings

shall at once terminate. Notice of this provision shall be

included with each service of the rule. In counties of the

second class, upon return of the writ on which the sale was made

and if no petition to set aside the sale is pending, the

prothonotary shall satisfy all tax claims and municipal claims

divested by the judicial sale.

(i) Deposition, commission or letter permitted.--For the

purpose of enabling the petitioner in a proceeding to give the

notice required, the court may take the testimony of the

defendant in the claim, or of any other individual whom the

court may have reason to believe has knowledge of the

whereabouts of any of the parties respondent, either by

deposition, commission or rogatory letters.

(j) Claimant permitted to bid.--A claimant shall have the

right to bid and become the purchaser of the property at a sale.

If the purchaser is a taxing authority within the county, the

property, while held and owned by the authority, shall not be

subject to tax claims.

(k) Deed delivery.--Upon the delivery by the sheriff of a

deed for a property sold under the provisions of this section,

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the judgment upon which the sale was had shall be final and

conclusive.

§ 2535. Cities of the first class, recovery of judgment and

sale free from claims.

(a) Additional remedies.--In addition to the remedies

prescribed in sections 2530 (relating to execution of judgment),

2533 (relating to sale of property subject to lien of tax or

municipal claims) and 2534 (relating to counties of the first

class, recovery of judgment and sale free from claims), in

cities of the first or second class and counties of the second

class and municipalities located within counties of the second

class, if a claimant has filed a tax or municipal claim in

accordance with the requirements of this chapter, the claimant

may file a petition in the court in which the proceeding is

pending, stating the facts necessary to show the right to sell,

together with searches or a title insurance policy, showing the

state of record and the ownership of the property and of all tax

and municipal claims, liens, mortgages, ground rents or other

charges on, or estates in, the land, as shown by the official

records of the city, county or political subdivision in which

the real estate is located.

(b) Hearing.--Upon a showing under this section, the court

shall conduct a hearing with all interested parties appearing to

show cause why a decree should not be made that the property be

sold, freed and cleared of the respective claims, liens,

mortgages, ground rents, charges and estates of any kind.

the facts stated in the petition are true and service has been

properly made in accordance with section 2545 (relating to rule

to show cause, decree, service and notice) , the court shall

order and decree that the property be sold at a subsequent

sheriff's sale at a time to be fixed by the claimant, clear of

all claims, liens, mortgages, ground rents, charges and estates

of any kind, to the highest bidder at the sale.

(d) Proceeds of sale.--After payment of the tax or municipal

lien, any remaining proceeds shall be distributed in accordance

with the priority of the remaining claims, liens, mortgages,

ground rents, charges and estates and the purchaser at the sale

shall take and forever thereafter have an absolute title to the

property sold, free and discharged of all tax and municipal

claims, liens, mortgages, ground rents, charges and estates of

any kind, subject only to the right of redemption as provided by

law. The date of the sale shall be advertised in at least one

newspaper of general circulation in the county in which the

property is located and in a legal periodical published therein,

if any.

(e) Deed.--The deed to the purchaser shall be executed,

acknowledged and delivered as in other real estate sales by the

sheriff. Deeds for property exposed for a sale under this

section shall not be executed, acknowledged and delivered any

sooner than 30 days nor later than 120 days after the purchaser

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pays the balance due to the sheriff for a sale held under this

section. A individual interested may, at any time prior to the

proposed sale, pay all the costs of the proceedings, including

the cost for the title search or title insurance policy, and all

tax and municipal claims, penalties and interest thereon,

charged against the property, and the proceedings on the

petition shall at once determine.

(f) Petition to prohibit transfer.--A city of the first or

second class may, within 30 days of a sale held under this

section, petition the court of common pleas to prohibit the

transfer of a deed for any property exposed for any sale under

this chapter that is located in that city to any purchaser who

is proven to meet any of the criteria specified in subsection

(g).

(g) Contents of petition.--The following shall apply:

(1) The petition of a city of the first or second class

shall allege that the purchaser has, over the three years

preceding the filing of the petition, exhibited a course of

conduct which demonstrates that a purchaser permitted an

uncorrected housing code violation to continue unabated after

being convicted of the violation and:

(i) failed to maintain property owned by the

purchaser in a reasonable manner such that the property

posed a threat to health, safety or property; or

(ii) permitted the use of property in an unsafe,

illegal or unsanitary manner such that the property posed

a threat to health, safety or property.

(2) An individual who acts as an agent for a purchaser

who sought to avoid the limitations placed on the purchase of

property by this section shall be subject to the restrictions

imposed by this section.

(3) Allegations under this subsection shall be proved by

a preponderance of the evidence. In ruling on the petition, a

court shall consider whether violations were caused by

malicious acts of a current nonowner occupant and the control

exercised by a purchaser in regard to the ownership interest

or rights with other properties.

(h) Name change.--A change of name or business status shall

not defeat the purpose of this section.

(i) Deposition, commission or letters permitted.--For the

purpose of enabling the petitioner in a proceeding to give the

notice required, the court may take the testimony of the

defendant in the claim, or of any other individual whom the

court may have reason to believe has knowledge of the

whereabouts of any of the parties respondent, either by

deposition, commission or rogatory letters.

(j) Claimant permitted to bid.--A claimant may bid and

become the purchaser of the property at a sale, and if the

purchaser is a taxing authority within the city or county, the

property, while held and owned by the taxing authority, shall

not be subject to tax claims unless the property is redeemed by

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the former owner or other individual having the right to redeem,

as provided by law. If a city, county or a taxing authority

within the city or county becomes the purchaser at the sale, the

former owner or other individuals, desiring to redeem, shall pay

all taxes and municipal claims accrued and chargeable against

the property prior to the sale, together with costs and

interest, and also all taxes and claims, whether filed or not,

which would have accrued and become chargeable against the

property had the same been purchased at the sale by some party

other than the city, county or a taxing authority within the

city or county.

(k) Final judgment.--Upon the delivery by the sheriff of a

deed for any property sold under this section, the judgment upon

which the sale was had shall thereupon and forever thereafter be

final and conclusive, and the validity of the judgment shall not

be questioned for any cause.

(l) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Purchaser." An individual, partner, limited or general

partner, shareholder, trustee, beneficiary any other individual

with an ownership interest or right in a business association,

sole proprietorship, partnership, limited partnership, S

corporation, C corporation, limited liability company or

corporation, trust, business trust or any other business

association.

"Uncorrected housing code violation." A conviction of a

violation of a building, housing, property maintenance or fire

code which is not remedied within six months of conviction.

"Violation." A conviction under a building, housing,

property maintenance or fire code which posed a threat to

health, safety or property, but not a conviction deemed by a

court to be de minimis.

§ 2536. Joining, service and sale.

(a) Joining properties.--If, with regard to two or more

properties, a municipality is authorized under section 2533

(relating to sale of property subject to lien of tax or

municipal claims), 2534 (relating to counties of the first

class, recovery of judgment and sale free from claims) or 2535

(relating to cities of the first class, recovery of judgment and

sale free from claims) to petition the court for the individual

sale of each property, free and clear of the property's

respective claims, liens, mortgages, charges and estates of any

kind, the municipality may join any number of the properties in

a single petition. The court may grant a rule upon all parties

shown to be interested in any of the properties to appear and

show cause why a decree should not be made that the properties

be sold together in one sale, free and clear of the properties'

respective claims, mortgages, charges and estates of any kind.

(b) Service and sale.--If, upon a hearing, the court is

satisfied that service has been made of the rule upon the

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parties in the manner provided in section 2545 (relating to rule

to show cause, decree, service and notice) and that the facts

stated in the petition are true, the court shall order and

decree, subject to applicable restrictions and limitations in

section 2533, 2534 or 2535, that the properties be sold together

at one sale at a subsequent sheriff's sale day, to be fixed by

the court without further advertisement, clear of all claims,

liens, mortgages, charges and estates of any kind, to the

highest bidder at the sale. The following shall apply:

(1) If a judicial sale of multiple properties is

ordered, any party shown to be interested in a particular

property may, at any time before the sale, pay the

municipality the whole of the claim relating to the

particular property, with interest, costs, charges, expenses,

fees and attorney fees, whereupon the proceedings on petition

with regard to that property shall at once determine.

(2) A judicial sale of multiple properties may not

diminish the right of redemption with regard to any

particular property that is a part of the sale.

§ 2537. Redemption.

(a) Process.--Except as provided under subsection (c), the

owner of a property sold under a tax or municipal claim, the

owner's assignees or any party whose lien or estate has been

discharged may redeem the property if the property is not

located in a city of the second class or a county of the second

class or a municipality located within the county of the second

class at any time within nine months from the date of the

acknowledgment of the sheriff's deed and if the property is

located in a city of the second class or a county of the second

class or a municipality located within the county of the second

class at any time within three months from the date of the

acknowledgment of the sheriff's deed, in accordance with the

following:

(1) The owner, assignee or a party whose lien or estate

been discharged shall pay all the following:

(i) The amount bid at the sale.

(ii) The cost of drawing, acknowledging and

recording the sheriff's deed.

(iii) The amount of all taxes and municipal claims,

whether not entered as liens, if actually paid.

(iv) The principal and interest of estates and

encumbrances not discharged by the sale and actually

paid.

(v) The insurance upon the property.

(vi) Other charges and necessary expenses of the

property, actually paid, less rents or other income from

the property.

(vii) A sum equal to interest at the rate of 10% per

annum from the time of each of the payments.

(2) If both owner and creditor desire to redeem, the

owner shall have the right to do so if the owner pays the

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creditor's claim in full.

(3) If more than one creditor desires to redeem, the

creditor who was lowest in lien at the time of sale shall

have the prior right, upon payment in full of the claim of a

creditor higher in lien.

(4) Within nine months if the property is not located in

a city of the second class or a county of the second class or

a municipality located within the county of the second class

or within three months if the property is located in a city

of the second class or a county of the second class or a

municipality located within the county of the second class,

the creditor who was lower in lien may redeem from a creditor

higher in lien who has already redeemed and the owner may

redeem from the higher and so on throughout, in each case by

paying the claim of the creditor whose right was higher.

(5) The creditor higher in lien may redeem from a

creditor lower in lien, unless the claim is paid. In each

case, the right must be exercised within the time specified

under this section .

(b) Redemption.--An individual entitled to redeem may

present a petition to the proper court in accordance with the

following:

(1) The petition shall state the facts and readiness to

pay the redemption money.

(2) The court shall grant a rule to show cause why the

purchaser should not reconvey to the individual the premises

sold.

(3) If, upon hearing, the court is satisfied of the

facts, the court shall make the rule absolute, and, upon

payment being made or tendered, shall enforce it by

attachment.

law to the contrary, in a city, township, borough or

incorporated town, there shall be no redemption of vacant

property by an individual after the date of the acknowledgment

of the sheriff's deed. For the purposes of this subsection,

property shall be deemed to be "vacant property" unless the

property was continuously occupied by the same individual or

basic family unit as a residence for at least 90 days prior to

the date of the sale and continues to be occupied on the date of

the acknowledgment of the sheriff's deed.

§ 2538. Assignment and payment.

(a) Assignment.--A tax or municipal claim filed or to be

filed under this chapter and any judgment recovered may be

assigned or transferred to a third party, either absolutely or

as collateral security, for an amount to be determined by the

municipality or other assignor in accordance with the following:

(1) The lien of the tax or municipal claim assigned

shall continue as a tax or municipal claim in favor of the

assignee.

(2) An assignee, upon assignment or reassignment of the

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tax or municipal claim not originating as a use-plaintiff

claim of a nonmunicipality, shall have and enjoy the same

rights, privileges and remedies as were held by the assigning

municipality to enforce and collect the assigned tax or

municipal claim under this chapter or any other laws

applicable to the collection and enforcement of tax or

municipal claims.

(3) A third party, upon assignment or reassignment of a

use-plaintiff municipal claim originating with a

nonmunicipality, shall have and enjoy the same rights,

privileges and remedies as the original holder thereof to

enforce and collect the assigned use-plaintiff municipal

claim under the provisions of this chapter and any other laws

applicable to the collection and enforcement of use-plaintiff

municipal claims.

(4) A defendant, upon the assignment or reassignment of

the tax, municipal claim or use-plaintiff municipal claim to

a third party, shall have and enjoy the same rights and

defenses under the provisions of this chapter and any other

laws applicable to the collection and enforcement of taxes,

tax claims, municipal claims and use-plaintiff municipal

claims against the assignee that the defendant held against

the assignor.

(b) Payment.--If the tax or municipal claim has been paid in

full by one of several defendants, whether originally named as a

defendant or allowed to intervene and defend, the claim shall be

satisfied of record as to that defendant, and marked to that

defendant's use as against the other defendants, pro rata,

according to their respective interests in the property bound by

the claim.

§ 2539. Amendments and timing.

(a) Amendment.--A claim, petition, answer, replication,

scire facias, affidavit of defense or other paper filed of

record may be amended, by agreement of the parties or by leave

of the court upon petition for that purpose, under oath or

affirmation specifying the amendment desired, that the averments

are true in fact and that by mistake they were omitted from or

wrongfully stated in the particulars as to which amendment is

desired. The following shall apply:

(1) The amendment shall be of right, saving intervening

rights.

(2) No amendment of the claim shall be allowed after the

time for the amendment's filing has expired, if the amendment

undertakes to substitute an entirely different property from

that originally described in the claim.

(3) The description of the property may be amended so as

to be made more accurate, as in other cases of amendment.

(b) Timing.--The court may, for cause shown and filed of

record, enlarge the time for filing the affidavit of defense,

answer or replication, for issuing a scire facias or for

entering security, by rule or special or standing order. The

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following shall apply:

(1) A judgment by default may be opened by the court,

upon cause shown by intervenors or other defendants, as in

other cases.

(2) No enlargement of the time for issuing a scire

facias shall extend beyond the time provided for preserving

or retaining the lien.

§ 2540. General conduct.

The following shall apply to proceedings under this chapter:

(1) A rule granted under this chapter may be made

returnable when directed, either therein or by rule of court,

or by special or standing order.

(2) Each petition, answer or replication shall be under

oath or affirmation.

(3) Answers must be filed and served within 15 days

after service of the petition.

(4) Rules and replications must be filed within 15 days

after service of the last of the answers.

(5) Replications must be confined to a reply to new

matters stated in the answers.

(6) The facts averred by either party, and not denied in

the answer or replication of the other, shall be taken as

true in all subsequent proceedings in the cause, without the

necessity for proof, unless amended under this chapter.

(7) Any fact necessarily found by the court in finally

determining a rule shall also be taken as true in all

subsequent proceedings in the cause, without the necessity

for proof, unless either party, by writing filed and served

at least 10 days prior to the time fixed for trial, requires

that it be submitted to the jury.

§ 2541. Service of notice.

Unless otherwise provided under this chapter, each notice,

petition or rule shall be served in one of the following

methods:

(1) Upon counsel for the parties interested or upon the

parties themselves in the manner bills in equity are served.

(2) Upon the owner by leaving a copy with the party in

possession of the real estate.

(3) In a manner as the court shall direct.

§ 2542. Security.

If security is required to be given under this chapter, the

following shall apply:

(1) The security may be approved by the prothonotary,

subject to an appeal to the court.

(2) If the security is found to be insufficient, the

following shall apply:

(i) New security may be required within a given

time. If the security is not provided, the cause may

proceed with the same effect as if no security had been

given and the sureties shall remain liable.

(ii) By agreement of the parties, or upon approval

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by the court after notice, new security may be entered in

lieu of that originally taken and an exonerator entered

on the first bond.

(iii) The security given may be limited to a

particular property if clear of incumbrances, and the

security be entered as a lien upon the property.

§ 2543. Use-plaintiffs.

(a) Satisfaction.--In cases where there is a use-plaintiff,

if the claim is paid or otherwise satisfied or discharged before

or after filing, the use-plaintiff, or the use-plaintiff's legal

representatives, shall enter satisfaction if t he owner or any

other interested individual requests satisfaction. The request

shall be in accordance with the following:

(1) The owner or any other individual interested shall

make the request.

(2) The request shall be made by a written statement

showing how the claim was paid, satisfied or discharged, and

on the payment of costs, if any are due, to enter

satisfaction on the record of the claim.

(b) Refusal.--Refusal to satisfy the claim for a period of

60 days after notice served upon the use-plaintiff or the use-

plaintiff's agent or attorney shall subject the use-plaintiff to

a suit for penalty at the hands of the party aggrieved. A jury

shall determine a just sum not to exceed the amount of the

claim.

§ 2544. Notice of interest, registration and service.

(a) Notice of interest.--The following shall apply:

(1) An owner of real property located within a city of

the first class, a mortgagee of the property or an individual

having a lien or claim on or interest in the property shall

of the first class responsible for collection of tax and

municipal claims stating:

(i) the individual's name, residence and mailing

address; and

(ii) a description of the real property in which the

individual has an interest.

(2) A notice of interest shall not be required for a

mortgage or interest otherwise properly recorded in the

Office of the Recorder of Deeds, provided the document

contains a current address sufficient to satisfy the notice

requirements of this section. The interested party shall file

an amended registration as needed.

(b) Service.--After the completion and filing of a notice of

interest, a city of the first class shall serve all petitions,

rules and other notices required by this chapter on the

interested parties at the registered address.

regulations for the bulk registration of notices of interest.

§ 2545. Rule to show cause, decree, service and notice.

(a) General Rule.--The following shall apply:

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(1) In cities of the first or second class and counties

of the second class and municipalities located within

counties of the second class, notice of a rule to show cause

why a property should not be sold free and clear of all

encumbrances issued by a court under a petition filed by a

claimant under section 2535 (relating to cities of the first

class, recovery of judgment and sale free from claims) shall

be served by the claimant upon owners, mortgagees, holders of

ground rents, liens and charges or estates of any kind as

follows:

(i) By posting a true and correct copy of the

petition and rule on the most public part of the

property.

(ii) By mailing by first class mail, to the address

registered by an interested party under section 2544

(relating to notice of interest, registration and

service), a true and correct copy of the petition and

rule.

(iii) By reviewing a title search, title insurance

policy or tax information certificate that identifies

interested parties of record who have not registered

their addresses under section 2544, the claimant shall

mail by first class mail and either by certified mail,

return receipt requested, or by registered mail to the

addresses that appear on the respective records relating

to the premises a true and correct copy of the petition

and rule.

(2) Service of notice under this section shall be deemed

accomplished on the date of mailing. The claimant shall file

an affidavit of service with the court prior to seeking a

decree ordering the sale of the premises.

(a.1) Counties of the second class.--In counties of the

second class and municipalities within the county of the second

class, notice of a rule to show cause why a property should not

be sold free and clear of all liens and encumbrances issued by a

court under a petition filed by a claimant under sections 2533

(relating to sale of property subject to lien of tax or

municipal claims) and 2534 (relating to counties of the first

class, recovery of judgment and sale free from claims) shall be

served by the claimant upon owners, mortgagees, holders of

ground rents, liens and charges or estates of any kind as

follows:

(1) By posting a true and correct copy of the petition

and rule on the most public part of the property.

(2) By reviewing a title search, title insurance policy

or tax information certificate that identifies interested

parties of record, the county or municipality shall mail by

first class mail and either by certified mail, return receipt

requested, or by certificate of mailing to the addresses that

appear on the respective records relating to the premises a

true and correct copy of the petition and rule. Notice under

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this section shall be deemed accomplished on the date of

mailing. The claimant shall file an affidavit of service with

the court prior to seeking a decree ordering the sale of the

premises.

(b) Notice.--The following shall apply:

(1) A party whose interest did not appear on a title

search, title insurance policy or tax information certificate

or who failed to accurately register the party's interest and

address under section 2544 shall not have standing to

complain of improper notice if the claimant complied with

subsection (a). This provision shall not apply if the

mortgage or interest was otherwise properly recorded in the

Office of the Recorder of Deeds or the Department of Real

Estate, as applicable, and the document contains a current

address sufficient to satisfy the notice requirements of this

section. Notwithstanding any other requirement under this

chapter or any other law to the contrary, the notice required

by subsection (a) shall constitute the only notice required

before a court may enter a decree ordering a tax sale.

(2) A party whose interest did not appear on a title

search or title insurance policy, because of the party's

failure to record or properly record its interest, shall not

have standing to complain of improper notice if the county or

municipality shall have complied with subsection (a.1). This

provision shall not apply if the mortgage or interest was

otherwise properly recorded in the Office of the Recorder of

Deeds or the Department of Real Estate, as applicable, and

the document contains a current address sufficient to satisfy

the notice requirements of this section. Notwithstanding any

other requirement under subsection (a.1), notice under this

section shall constitute the only notice required before a

court may enter a decree ordering a tax sale free and clear

of liens.

(1) Notice of the court's decree ordering a tax sale,

together with the time, place and date of the sale, shall be

served by first class mail on all parties served with the

petition and rule, on any parties whose interest appeared of

record after the filing of the petition but before the

court's decree and on any creditor who has obtained judgment

against the owner of the premises prior to the date of the

decree. The claimant shall file an affidavit of service of

these notices prior to the date of the sale.

(2) Except in cities of the first class, in sales

pursuant to a petition filed by a claimant under section

2535, notice of the court's decree ordering a tax sale,

together with the time, place and date of the sale, shall be

served with the notice of sheriff's sale and shall be

provided to all parties entitled to receive notice under

Pa.R.C.P. No. 3129.1 (relating to sale of real property,

notice and affidavit).

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(3) Except in cities of the first class, in sales

pursuant to a petition filed by a claimant under section 2530

(relating to execution of judgment) , notice of the court's

decree ordering a sale, together with the time, place and

date of the sale, shall be served by first class mail upon

all parties who receive notice under Pa.R.C.P. No. 3129.1

prior to the initial sale. Notice under this paragraph shall

be provided no later than seven days prior to the continued

sale.

§ 2546. Validity of sale and time for filing contest.

All parties wishing to contest the validity of a sale

conducted under section 2535 (relating to cities of the first

class, recovery of judgment and sale free from claims),

including the sufficiency of a notice, and any party claiming to

have an interest in the premises which was not discharged by the

sale, must file a petition seeking to overturn the sale or to

establish the interest within three months of the acknowledgment

of the deed to the premises by the sheriff.

§ 2547. Cities of first class, time for proceeding on claims

and preclusion of sale for undue hardship.

Cities of the first class shall proceed on tax claims after

one year of delinquency, unless the owner or an interested party

enters into a payment agreement suitable to the claimant. The

finance director of the city may preclude the sale of a property

on a case-by-case basis if the sale would create an undue

hardship on the property owner or occupant.

§ 2548. Procedures available to tax claim bureaus.

The tax claim bureaus of the several counties may adopt and

use the procedures in this chapter in addition to the procedures

specified in the act of July 7, 1947 (P.L.1368, No.542), known

as the Real Estate Tax Sale Law.

§ 2549. Disposition of property acquired by cities of the

second class.

The mayor of a city of the second class may designate an

agency for the acquisition, administration, maintenance

and disposition of property acquired by the city of the second

class at a sheriff's sale. The city of the second class or its

agent may act as an agent for a taxing authority having a claim

against property under this section, pursuant to a locally

negotiated agreement that positively affirms the consent by each

taxing authority to allow the city of a second class to act as

an agent on each taxing authority's behalf. A city of the second

class acting as an agent for a taxing authority under this

section may take any actions necessary to protect and defend a

taxing authority's rights and obligations under this chapter.

Section 2. Section 3103 of Title 68 is amended by adding

definitions to read:

Amend Bill, page 2, line 26, by striking out "2" and

inserting

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Amend Bill, page 5, line 28, by striking out "3" where it

occurs the first time and inserting

Amend Bill, page 8, line 29, by striking out "4" and

inserting

Amend Bill, page 8, line 29, by striking out "THE ACT" and

inserting

Title 68

Amend Bill, page 10, line 8, by striking out "5" and

inserting

Amend Bill, page 11, line 12, by striking out "6" and

inserting

Amend Bill, page 12, line 18, by striking out "7" and

inserting

Amend Bill, page 16, line 2, by striking out "8" and

inserting

Amend Bill, page 16, line 2, by striking out "THE ACT" and

inserting

Title 68

Amend Bill, page 17, line 11, by striking out "9" and

inserting

Amend Bill, page 18, line 14, by striking out "10" and

inserting

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Amend Bill, page 19, line 20, by striking out "11" and

inserting

Amend Bill, page 22, line 22, by striking out "12" and

inserting

Amend Bill, page 22, line 22, by striking out "THE ACT" and

inserting

Title 68

Amend Bill, page 23, by inserting after line 30

Section 14. The addition of 68 Pa.C.S. § 2537(a)

introductory paragraph, (4) and (5) shall apply to a sheriff's

sale conducted on or after the effective date of this section.

Section 15. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of 68

Pa.C.S. Ch. 25.

(2) The act of May 16, 1923 (P.L.207, No.153), known as

the Municipal Claim and Tax Lien Law, is repealed.

Section 16. The addition of 68 Pa.C.S. Ch. 25 is a

continuation of the act of May 16, 1923 (P.L.207, No.153), known

as the Municipal Claim and Tax Lien Law. The following shall

apply:

(1) Except as otherwise provided in 68 Pa.C.S. Ch. 25,

all activities initiated under the Municipal Claim and Tax

Lien Law shall continue and remain in full force and effect

and may be completed under 68 Pa.C.S. Ch. 25. Orders,

regulations, rules and decisions which were made under the

Municipal Claim and Tax Lien Law and which are in effect on

the effective date of this section shall remain in full force

and effect until revoked, vacated or modified under 68

Pa.C.S. Ch. 25. Contracts, obligations and collective

bargaining agreements entered into under the Municipal Claim

and Tax Lien Law are not affected nor impaired by the repeal

of the Municipal Claim and Tax Lien Law.

(2) Except as provided under paragraph (3), any

difference in language between 68 Pa.C.S. Ch. 25 and the

Municipal Claim and Tax Lien Law is intended only to conform

to the style of the Pennsylvania Consolidated Statutes and is

not intended to change or affect the legislative intent,

judicial construction or administration and implementation of

the Municipal Claim and Tax Lien Law.

(3) Paragraph (2) does not apply to the addition of the

following provisions:

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(i) 68 Pa.C.S. § 2504(b).

(ii) 68 Pa.C.S. § 2535(a), (b), (c), (d), (f) and

(g).

(iii) 68 Pa.C.S. § 2537(a) introductory paragraph,

(4) and (5).

(iv) 68 Pa.C.S. § 2545(a)(1) introductory paragraph

and (iii) and (2), (a.1) introductory paragraph and (2),

(b) and (c)(1).

(v) 68 Pa.C.S. § 2549.

Amend Bill, page 24, line 1, by striking out "13" and

inserting

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