PRINTER'S NO. 3033
No. 2337 Session of 1982
INTRODUCED BY LAUGHLIN, WOZNIAK, STEWART, WAMBACH, KOLTER,
COLAFELLA AND LESCOVITZ, MARCH 3, 1982
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 3, 1982
AN ACT
1 Amending the act of July 7, 1947 (P.L.1368, No.542), entitled
2 "An act amending, revising and consolidating the laws
3 relating to delinquent county, city, except of the first and
4 second class and second class A, borough, town, township,
5 school district, except of the first class and school
6 districts within cities of the second class A, and
7 institution district taxes, providing when, how and upon what
8 property, and to what extent liens shall be allowed for such
9 taxes, the return and entering of claims therefor; the
10 collection and adjudication of such claims, sales of real
11 property, including seated and unseated lands, subject to the
12 lien of such tax claims; the disposition of the proceeds
13 thereof, including State taxes and municipal claims recovered
14 and the redemption of property; providing for the discharge
15 and divestiture by certain tax sales of all estates in
16 property and of mortgages and liens on such property, and the
17 proceedings therefor; creating a Tax Claim Bureau in each
18 county, except a county of the first class, to act as agent
19 for taxing districts; defining its powers and duties,
20 including sales of property, the management of property taken
21 in sequestration, and the management, sale and disposition of
22 property heretofore sold to the county commissioners, taxing
23 districts and trustees at tax sales; providing a method for
24 the service of process and notices; imposing duties on taxing
25 districts and their officers and on tax collectors, and
26 certain expenses on counties and for their reimbursement by
27 taxing districts; and repealing existing laws," authorizing
28 constables to make personal service of certain notices,
29 authorizing payment to constables or deputies for service.
30 The General Assembly of the Commonwealth of Pennsylvania
31 hereby enacts as follows:
1 Section 1. Subsection (a) of section 601, act of July 7,
2 1947 (P.L.1368, No.542), known as the "Real Estate Tax Sale
3 Law," amended July 10, 1980 (P.L.417, No.98) is amended to read:
4 Section 601. Date of Sale.--(a) Commencing on the second
5 Monday of September of each year or for the first year any
6 county is operating under the provisions of this act, at the
7 bureau's discretion, commencing on the second Monday of October,
8 and for the first sale conducted under this act by a bureau,
9 where claims have been validated in accordance with the
10 provisions of this act, at the bureau's discretion, commencing
11 on the second Monday of October, following the expiration of the
12 redemption period, or on any day to which a sale may be
13 adjourned, or readjourned, such adjournment not to be for a
14 longer period than sixty (60) days, or any day to which a sale
15 may be continued, the bureau shall sell such property (except
16 where the property is essential to the business of quasi-public
17 corporations), or where held by the bureau under article seven
18 as agent for the various taxing districts, the premises remain
19 occupied by one or more persons in the family of the previous
20 owner who are, or within the sixty (60) days immediately
21 preceding were, receiving assistance from a public agency,
22 against which a tax claim has become absolute, and the period of
23 redemption has expired (without the property having been
24 redeemed), or against which a tax judgment has heretofore been
25 entered under any other law, which judgment has not been
26 satisfied and on which a sale has not been stayed by agreement,
27 in the manner hereinafter provided, and where the property
28 subject to the claim or judgment is not or no longer remains in
29 possession of the sequestrator. Owner occupied property shall
30 not be sold until at least ten (10) days after the owner
19820H2337B3033 - 2 -
1 occupant as defined in section 102 is personally notified of the
2 sale by the sheriff or his [designee] deputy or by a constable
3 or his deputy; but, if personal notice cannot be served within
4 twenty-five (25) days, the bureau may petition the court of
5 common pleas to waive the requirement of personal notice for
6 good cause shown. Personal service of notice on one of the
7 owners shall be deemed personal service on all owners. The
8 bureau may for convenience and because of the number of
9 properties involved, schedule sales of property in various
10 taxing districts or wards thereof on different dates, but all
11 sales, except as herein otherwise provided, shall be held by the
12 bureau by the end of the said calendar year. Taxing districts
13 shall notify the bureau of tax judgments which have, prior to
14 the effective date of this act, been entered under any other law
15 in order that properties be subject to the lien of such
16 judgments may be included in the sale.
17 Sheriffs or their deputies and constables or their deputies
18 shall receive the following fees for service of personal notice:
19 (1) Ten dollars ($10) per notice served plus mileage at the
20 rate authorized by the Internal Revenue Service.
21 (2) Five dollars ($5) per nulla bona return plus mileage at
22 the prevailing rate authorized by the Internal Revenue Service.
23 * * *
24 Section 2. This act shall take effect in 60 days.
C3L72SG/19820H2337B3033 - 3 -