PRINTER'S NO. 1115

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1007 Session of 1979


        INTRODUCED BY PITTS, E. R. LYNCH, E. H. SMITH AND E. Z. TAYLOR,
           APRIL 23, 1979

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 23, 1979

                                     AN ACT

     1  Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
     2     act relating to the rights, obligations and liabilities of
     3     landlord and tenant and of parties dealing with them and
     4     amending, revising, changing and consolidating the law
     5     relating thereto," further providing for exemptions from
     6     distress and sale of personal property.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  The first paragraph of section 403, act of April
    10  6, 1951 (P.L.69, No.20), known as "The Landlord and Tenant Act
    11  of 1951," amended June 8, 1965 (P.L.97, No.66), is amended to
    12  read:
    13     Section 403.  Exemption of Property on Premises Under Lease
    14  or Sale Contract Subject to a Security Interest.--The following
    15  personal property loaned to or leased or hired by any person, or
    16  sold in any transaction in which a purchase money security
    17  interest is taken or retained shall be exempt from levy and sale
    18  on distress for rent so long as the security interest or title
    19  thereto remains in the secured party, owner, lender, or lessor
    20  if written notice, specifically describing the personal property

     1  loaned, leased, hired, or made subject to a security interest,
     2  shall be given to the landlord or his agent at the time the said
     3  personal property is placed upon the demised premises or within
     4  ten days thereafter, which notice shall [contain a statement of
     5  the respective amounts due on each article named in the notice,]
     6  only contain and be limited to the name of the secured party and
     7  a list describing the personal property subject to the purchase
     8  money security interest, and when so given, shall be effective
     9  as to such landlord and any future owner or owners of said
    10  premises, that is to say--
    11     (1)  All pianos, melodeons and organs;
    12     (2)  All soda water apparatus and the appurtenances thereto;
    13     (3)  All sewing machines and typewriting machines; and all
    14  accounting, tabulating, computing, bookkeeping, photocopying and
    15  other office equipment and machinery;
    16     (4)  All electric motors, electric fans, electric air
    17  conditioners and dynamos;
    18     (5)  All ice cream cabinets and ice cream containers and the
    19  appurtenances thereto;
    20     (6)  All household furniture and household goods;
    21     (7)  All patented shoe repairing machinery and tools;
    22     (8)  All beauty and barber shop furniture and equipment;
    23     (9)  All cigarette, candy, chewing gum, soft drink, milk,
    24  food and all other types of automatic merchandising, service or
    25  amusement vending machines;
    26     (10)  All restaurant and bar furniture and equipment;
    27     (11)  All meat market and grocery store equipment;
    28     (12)  All industrial, mining and construction machinery and
    29  equipment not attached to the realty.
    30     * * *
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     1     Section 2.  This act shall take effect in 90 days.




















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