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MECHANICS’ LIENS - TITLE 49
No sections of Title 49 of the Pennsylvania Consolidated Statutes
have been enacted yet by the General Assembly.
UNCONSOLIDATED PENNSYLVANIA STATUTES
MECHANICS’ LIENS - TITLE 49
32 No Lien for Materials Furnished Under Bailment Lease or
Conditional Sale
MECHANICS’ LIEN LAW OF 1963
ARTICLE I SHORT TITLE
1101 Short Title
ARTICLE II DEFINITIONS
1201 Definitions
ARTICLE III RIGHT TO LIEN
1301 Right to Lien; Amount
1302 Presumption as to Use of Materials
1303 Lien Not Allowed in Certain Cases
1304 Excessive Curtilage
1305 Right to Lien in Case of Noncompletion of Work
1306 Consolidation or Apportionment of Claims
1307 Removal or Detachment of Improvement Subject to Claim
ARTICLE IV WAIVER OF LIEN; EFFECT OF
FILING
1401 Waiver of Lien by Claimant
1402 Waiver by Contractor; Effect on Subcontractor
1403 Release as Waiver
1404 Effect of Credit or Collateral
1405 Right of Owner to Limit Claims to Unpaid Balance of Contract
Price
1406 Right of Subcontractor to Rescind After Notice of Contract
Provisions
1407 Contracts Not Made in Good Faith; Effect
ARTICLE V FILING AND PERFECTING CLAIM; DISCHARGE OF LIEN
1501 Notice by Subcontractor as Condition Precedent
1502 Filing and Notice of Filing of Claim
1503 Contents of Claim
1504 Amendment of Claim
1505 Procedure for Contesting Claim; Preliminary Objections
1506 Rule to File Claim
1507 Indexing Claims, Et Cetera
1508 Priority of Lien
1509 Effect of Forfeiture of Leasehold
1510 Discharge of Lien on Payment into Court or Entry of Security
ARTICLE VI. DUTIES AND REMEDIES OF
OWNER AND CONTRACTOR ON NOTICE OF INTENTION TO FILE OR ON
FILING OF CLAIM BY SUBCONTRACTOR
1601 Owner’s Right to Retain Funds of Contractor
1602 Notice to Contractor of Claim
1603 Contractor’s Duties on Receipt of Notice
1604 Additional Remedies of Owner
ARTICLE
VII JUDGMENT; EXECUTION; REVIVAL
1701 Procedure to Obtain Judgment
1702 Effect of Judgment on Right to Personal Action
1703 Appeal from Judgment
1704 Satisfaction of Claims; Penalty for Failure to Satisfy
1705 Revival of Judgment
1706 Execution Upon Judgment
ARTICLE
VIII SEVERABILITY AND EFFECTIVE DATE
1801 Severability
1802 Effective Date
ARTICLE IX REPEALER
1901 Specific Repeal
1902 General Repeal
PENNSYLVANIA CONSOLIDATED STATUTES
MECHANICS’ LIENS - TITLE 49
No sections of Title 49 of the Pennsylvania Consolidated Statutes
have been enacted yet by the General Assembly.
UNCONSOLIDATED PENNSYLVANIA STATUTES
MECHANICS’ LIENS - TITLE 49
32 No Lien for Materials Furnished Under Bailment Lease or
Conditional Sale
From and after the passage of this act, no person, partnership
or corporation furnishing material, supplies, fixtures or
equipment for the erection, alteration, repair or remodeling
of any building or structure, where such person, partnership
or corporation furnished such material, supplies, fixtures
or equipment under bailment lease, or conditional sales contract,
or any other instrument or contract by which the person, partnership
or corporation so furnishing such material, supplies, fixtures
or equipment reserves the title to such material, supplies,
fixtures or equipment, or the right to reacquire the title
to same, shall have any right to file any mechanic’s
lien claim to secure payment for such material, supplies,
fixtures or equipment.
MECHANICS’ LIEN LAW OF 1963
ARTICLE I SHORT TITLE
1101 Short Title
This act shall be known and may be cited as the “Mechanics’
Lien Law of 1963 “.
ARTICLE
II DEFINITIONS
1201 Definitions
The following words, terms and phrases when used in this act
shall have the meaning ascribed to them in this section, except
where the context clearly indicates a different meaning:
1. “Improvement” includes any building, structure
or other improvement of whatsoever kind or character erected
or constructed on land, together with the fixtures and other
personal property used in fitting up and equipping the same
for the purpose for which it is intended.
2. “Property” means the improvement the land covered
thereby and the lot or curtilage appurtenant thereto belonging
to the same legal or equitable owner reasonably needed for
the general purposes thereof and forming a part of a single
business or residential plant.
3. “Owner” means an owner in fee, a tenant for
life or years or one having any other estate in or title to
property.
4. “Contractor” means one who, by contract with
the owner, express or implied, erects, constructs, alters
or repairs an improvement or any part thereof or furnishes
labor, skill or superintendence thereto; or supplies or hauls
materials, fixtures, machinery or equipment reasonably necessary
for and actually used therein; or any or all of the foregoing,
whether as superintendent, builder or materialman. The term
also includes an architect or engineer who, by contract with
the owner, express or implied, in addition to the preparation
of drawings, specifications and contract documents also superintends
or supervises any such erection, construction, alteration
or repair.
5. “Subcontractor” means one who, by contract
with the contractor, express or implied, erects, constructs,
alters or repairs an improvement or any part thereof; or furnishes
labor, skill or superintendence thereto; or supplies or hauls
materials, fixtures, machinery or equipment reasonably necessary
for and actually used therein; or any or all of the foregoing,
whether as superintendent, builder or materialman. The term
does not include an architect or engineer who contracts with
a contractor or subcontractor, or a person who contracts with
a subcontractor or with a materialman.
6. “Claimant” means a contractor or subcontractor
who has filed or may file a claim under this act for a lien
against property.
7. “Materials” means building materials and supplies
of all kinds, and also includes fixtures, machinery and equipment
reasonably necessary to and incorporated into the improvement.
8. “Completion of the work” means performance
of the last of the labor or delivery of the last of the materials
required by the terms of the claimant’s contract or
agreement, whichever last occurs.
9. “Labor” includes the furnishing of skill or
superintendence.
10. “Erection and construction” means the erection
and construction of a new improvement or of a substantial
addition to an existing improvement or any adaptation of an
existing improvement rendering the same fit for a new or distinct
use and effecting a material change in the interior or exterior
thereof.
11. “Alteration and repair” means any alteration
or repair of an existing improvement which does not constitute
erection or construction as defined herein.
12. “Erection, construction, alteration or repair”
includes
(a) Demolition, removal of improvements, excavation, grading,
filling, paving and landscaping, when such work is incidental
to the erection, construction, alteration or repair;
(b) Initial fitting up and equipping of the improvement with
fixtures, machinery and equipment suitable to the purposes
for which the erection, construction, alteration or repair
was intended; and
(c) Furnishing, excavating for, laying, relaying, stringing
and restringing rails, ties, pipes, poles and wires, whether
on the property improved or upon other property, in order
to supply services to the improvement.
13. “Prothonotary” means the prothonotary of the
court or courts of common pleas of the county or counties
in which the improvement is situate.
ARTICLE
III RIGHT TO LIEN
1301 Right to Lien; Amount
Every improvement and the estate or title of the owner in
the property shall be subject to a lien, to be perfected as
herein provided, for the payment of all debts due by the owner
to the contractor or by the contractor to any of his subcontractors
for labor or materials furnished in the erection or construction,
or the alteration or repair of the improvement, provided that
the amount of the claim, other than amounts determined by
apportionment under section 306(b) of this act, shall exceed
five hundred dollars ($500).
1302
Presumption as to Use of Materials
Materials for use in or upon an improvement placed on or near
the property or delivered to the owner pursuant to a contract
shall be presumed to have been used therein in the absence
of proof to the contrary.
1303
Lien Not Allowed in Certain Cases
(a) Persons Other Than Contractors or Subcontractors. No lien
shall be allowed in favor of any person other than a contractor
or subcontractor, as defined herein, even though such person
furnishes labor or materials to an improvement.
(b) Public Purpose. No lien shall be allowed for labor or
materials furnished for a purely public purpose.
(c) Conveyance Prior to Lien. If the property be conveyed
in good faith and for a valuable consideration prior to the
filing of a claim for alterations or repairs, the lien shall
be wholly lost.
(d) Leasehold Premises. No lien shall be allowed against the
estate of an owner in fee by reason of any consent given by
such owner to a tenant to improve the leased premises unless
it shall appear in writing signed by such owner that the erection,
construction, alteration or repair was in fact for the immediate
use and benefit of the owner.
(e) Security Interests. No lien shall be allowed for that
portion of a debt representing the contract price of any materials
against which the claimant holds or has claimed a security
interest under the Pennsylvania Uniform Commercial Code or
to which he has reserved title or the right to reacquire title.
1304
Excessive Curtilage
Where an owner objects that a lien has been claimed against
more property than should justly be included therein, the
court upon petition may, after hearing by deposition or otherwise,
limit the boundaries of the property subject to the lien.
Failure to raise this objection preliminarily shall not be
a waiver of the right to plead the same as a defense thereafter.
1305 Right to Lien in Case of Noncompletion
of Work
Except in case of destruction by fire or other casualty, where,
through no fault of the claimant, the improvement is not completed,
the right to lien shall nevertheless exist.
1306 Consolidation or Apportionment
of Claims
(a) Consolidation of Claims. Where a debt is incurred for
labor or materials furnished continuously by the same claimant
for work upon a single improvement but under more than one
contract, the claimant may elect to file a single claim for
the entire debt. In such case, “completion of the work”
shall not be deemed to occur with respect to any of the contracts
until it has occurred with respect to all of them.
(b) Apportionment of Claims. Where a debt is incurred for
labor or materials furnished by the same claimant for work
upon several different improvements which do not form all
or part of a single business or residential plant, the claimant
shall file separate claims with respect to each such improvement,
with the amount of each claim determined by apportionment
of the total debt to the several improvements, and in such
case, the amount of each separate claim may be less than five
hundred dollars ($500), provided that the total debt exceeds
five hundred dollars ($500). In no other case shall an apportioned
claim be allowed.
1307
Removal or Detachment of Improvement Subject to Claim
(a) Removal Prohibited; Effect. - No improvement subject to
the lien of a claim filed in accordance with this act shall
be removed or detached from the land except pursuant to title
obtained at a judicial sale or by one owning the land and
not named as a defendant. Any improvement otherwise removed
shall remain liable to the claim filed, except in the hands
of a purchaser for value.
(b) Restraint of Removal by Court. - The court may on petition
restrain the removal of the improvement in accordance with
the Pennsylvania Rules of Civil Procedure governing actions
to prevent waste.
ARTICLE IV WAIVER OF LIEN; EFFECT OF
FILING
1401 Waiver of Lien by Claimant
A contractor or subcontractor may waive his right to file
a claim by a written instrument signed by him or by any conduct
which operates equitably to estop such contractor or subcontractor
from filing a claim.
1402 Waiver by Contractor; Effect on
Subcontractor
A written contract between the owner and contractor or a separate
written instrument signed by the contractor, which provides
that no claim shall be filed by anyone, shall be binding;
but the only admissible evidence thereof, as against a subcontractor,
shall be proof of actual notice thereof to him before any
labor or materials were furnished by him; or proof that such
contract or separate written instrument was filed in the office
of the prothonotary prior to the commencement of the work
upon the ground or within ten (10) days after the execution
of the principal contract or not less than ten (10) days prior
to the contract with the claimant subcontractor, indexed in
the name of the contractor as defendant and the owner as plaintiff
and also in the name of the contractor as plaintiff and the
owner as defendant. The only admissible evidence that such
a provision has, notwithstanding its filing, been waived in
favor of any subcontractor shall be a written agreement to
that effect signed by all those who, under the contract, have
an adverse interest to the subcontractor’s allegation.
1403
Release as Waiver
A release signed by the claimant shall not operate as a waiver
of the right to file a claim for labor or materials subsequently
furnished, unless it shall appear thereby that such was the
express intent of the party.
1404 Effect of Credit or Collateral
The giving of credit or the receipt of evidence of indebtedness
or collateral otherwise than as provided in section 303(e)
shall not operate to waive the right to file a claim, but
where credit is given, no voluntary proceedings shall be taken
by the claimant to enforce the lien until the credit period
has expired.
1405
Right of Owner to Limit Claims to Unpaid Balance of Contract
Price
Where there has been no waiver of liens and the claims of
subcontractors exceed in the aggregate the unpaid balance
of the contract price specified in the contract between the
owner and the contractor, then if the subcontractor has actual
notice of the total amount of said contract price and of its
provisions for the time or times for payment thereof before
any labor or materials were furnished by him, or if such contract
or the pertinent provisions thereof were filed in the office
of the prothonotary in the time and manner provided in section
402, each claim shall, upon application of the owner, be limited
to its pro-rata share of the contract price remaining unpaid,
or which should have remained unpaid, whichever is greatest
in amount at the time notice of intention to file a claim
was first given to the owner, such notice inuring to the benefit
of all claimants.
1406
Right of Subcontractor to Rescind After Notice of Contract
Provisions
Any provisions of a contract between the owner and the contractor,
which reduce or impair the rights and remedies of a subcontractor
or which postpone the time for payment by the owner to the
contractor for a period exceeding four (4) months after completion
of the work, shall be grounds for recision by the subcontractor
of his contract with the contractor, unless such subcontractor
was given actual notice thereof prior to the time of the making
of his contract with the contractor, or the contract or the
pertinent provisions thereof were filed in the office of the
prothonotary in the time and manner provided by section 402.
Such recision shall not impair the right of the subcontractor
to recover by lien or otherwise for work completed prior thereto.
1407 Contracts Not Made in Good Faith;
Effect
A contract for the improvement made by the owner with one
not intended in good faith to be a contractor shall have no
legal effect except as between the parties thereto, even though
written, signed and filed as provided herein, but such contractor,
as to third parties, shall be treated as the agent of the
owner.
ARTICLE V FILING AND PERFECTING CLAIM;
DISCHARGE OF LIEN
1501 Notice by Subcontractor as Condition Precedent
(a) Preliminary Notice in Case of Alteration and Repair. No
claim by a subcontractor for alterations or repairs shall
be valid unless, in addition to the formal notice required
by subsection (b) of this section, he shall have given to
the owner, on or before the date of completion of his work,
a written preliminary notice of his intention to file a claim
if the amount due or to become due is not paid. The notice
need set forth only the name of the subcontractor, the contractor,
a general description of the property against which the claim
is to be filed, the amount then due or to become due, and
a statement of intention to file a claim therefore.
(b) Formal Notice in All Cases by Subcontractor. No claim
by a subcontractor, whether for erection or construction or
for alterations or repairs, shall be valid unless, at least
thirty (30) days before the same is filed, he shall have given
to the owner a formal written notice of his intention to file
a claim, except that such notice shall not be required where
the claim is filed pursuant to a rule to do so as provided
by section 506.
(c) Contents of Formal Notice. The formal notice shall state:
1.the name of the party claimant; 2.the name of the person
with whom he contracted; 3.the amount claimed to be due; 4.the
general nature and character of the labor or materials furnished;
5.the date of completion of the work for which his claim is
made; 6.a brief description sufficient to identify the property
claimed to be subject to the lien; and 7.the date on which
preliminary notice of intention to file a claim was given
where such notice is required by subsection (a) of this section,
and a copy thereof.
(d) Service of Notice. The notices provided by this section
may be served by first class, registered or certified mail
on the owner or his agent or by an adult in the same manner
as a writ of summons in assumpsit, or if service cannot be
so made then by posting upon a conspicuous public part of
the improvement.
1502 Filing and Notice of Filing of Claim
(a) Perfection of Lien. To perfect a lien, every claimant
must:
1.file a claim with the prothonotary as provided by this act
within four (4) months after the completion of his work; and
2.serve written notice of such filing upon the owner within
one (1) month after filing, giving the court term and number
and date of filing of the claim. An affidavit of service of
notice, or the acceptance of service, shall be filed within
twenty (20) days after service setting forth the date and
manner of service. Failure to serve such notice or to file
the affidavit or acceptance of service within the times specified
shall be sufficient ground for striking off the claim.
(b) Venue; Property in More Than One County. Where the improvement
is located in more than one county, the claim may be filed
in any one county, the claim may be filed in any one or more
of said counties, but shall be effective only as to the part
of the property in the county in which it has been filed.
(c) Manner of Service. Service of the notice of filing of
claim shall be made by an adult in the same manner as a writ
of summons in assumpsit, or if service cannot be so made then
by posting upon a conspicuous public part of the improvement.
1503 Contents of Claim
The claim shall state:
1.the name of the party claimant, and whether he files as
contractor or subcontractor; 2.the name and address of the
owner or reputed owner; 3.the date of completion of the claimant’s
work; 4.if filed by a subcontractor, the name of the person
with whom he contracted, and the dates on which preliminary
notice, if required, and of formal notice of intention to
file a claim was given; 5.if filed by a contractor under a
contract or contracts for an agreed sum, an identification
of the contract and a general statement of the kind and character
of the labor or materials furnished; 6.in all other cases
than that set forth in clause (5) of this section, a detailed
statement of the kind and character of the labor or materials
furnished, or both, and the prices charged for each thereof;
7.the amount or sum claimed to be due; and 8.such description
of the improvement and of the property claimed to be subject
to the lien as may be reasonably necessary to identify them.
1504 Amendment of Claim
A claim may be amended from time to time without prejudice
to intervening rights by agreement of the parties or by leave
of court, except that no amendment shall be permitted after
the time for filing a claim has expired which undertakes to:
1.substitute a different property than that described in the
claim; or 2.substitute a different party with whom the claimant
contracted; or 3.increase the aggregate amount of the claim.
1505
Procedure for Contesting Claim; Preliminary Objections
Any party may preliminarily object to a claim upon a showing
of exemption or immunity of the property from lien, or for
lack of conformity with this act. The court shall determine
all preliminary objections. If an issue of fact is raised
in such objections, the court may take evidence by deposition
or otherwise. If the filing of an amended claim is allowed,
the court shall fix the time within which it shall be filed.
Failure to file an objection preliminarily shall not constitute
a waiver of the right to raise the same as a defense in subsequent
proceedings.
1506 Rule to File Claim
(a) Entry of Rule; Effect. At any time after the completion
of the work by a subcontractor, any owner or contractor may
file a rule or rules, as of course, in the court in which
said claim may be filed; requiring the party named therein
to file his claim within thirty (30) days after notice of
said rule or be forever barred from so doing. The rule shall
be entered by the prothonotary upon the judgment index and
in the mechanic’s lien docket. Failure to file a claim
within the time specified shall operate to wholly defeat the
right to do so. If a claim be filed, it shall be entered as
of the court, term and number of the rule to file the same.
(b) Effect of Claim Filed by Subcontractor. Where a claim
is filed by a subcontractor in response to such rule, the
owner may give written notice thereof to the contractor in
the manner set forth by section 602 of this act, and upon
the giving of such notice the owner may avail himself of the
remedies provided by section 601 and 604 of this act and the
contractor shall be subject to the duties set forth by section
603 of this act.
1507 Indexing Claims, Et Cetera
The prothonotary shall enter the claim, verdict and judgment
upon the judgment index and mechanic’s lien docket against
the owner. When a claim, verdict or judgment is stricken,
reversed or satisfied, or the name of a defendant is stricken,
or an action upon the claim to reduce it to judgment is discontinued,
or judgment is entered thereon in favor of the defendant,
a note shall be made on the judgment index.
1508 Priority of Lien
The lien of a claim filed under this act shall take effect
and have priority:
(a) In the case of the erection or construction of an improvement,
as of the date of the visible commencement upon the ground
of the work of erecting or constructing the improvement; and
(b) In the case of the alteration or repair of an improvement,
as of the date of the filing of the claim.
1509
Effect of Forfeiture of Leasehold
The lien of every claim shall bind only the interest of the
party named as owner of the property at the time of the contract
or acquired subsequently by him, but no forfeiture or surrender
of a leasehold, or tenancy, whether before or after the filing
of the claim, shall operate to prejudice its lien against
the fixtures, machinery or other similar property.
1510 Discharge of Lien on Payment into
Court or Entry of Security
(a) Cash Deposit. Any claim filed hereunder shall, upon petition
of the owner or any party in interest, be discharged as a
lien against the property whenever a sum equal to the amount
of the claim shall have been deposited with the court in said
proceedings for application to the payment of the amount finally
determined to be due.
(b) Pro-rata Allocation. In any case where the claim or claims
are limited in the manner and to the extent provided in section
405, the owner may deposit with the court in separate proceedings
a sum equal to the total allowable amount of said claims determined
in accordance with said section, whereupon the court, on petition
of such owner, shall order all of said claims discharged as
liens against the property, and the sum so deposited applied
pro rata to the payment thereof in the amounts finally determined
to be due.
(c) Refund of Excess. Any excess of funds paid into court
as aforesaid, over the amount of the claim or claims determined
and paid therefrom, shall be refunded to the owner or party
depositing same upon application for the same.
(d) Security in Lieu of Cash. In lieu of the deposit of any
such sum or sums, approved security may be entered in such
proceedings in double the amount of the required deposit,
or in such lesser amount as the court shall approve, which,
however, shall in no event be less than the full amount of
such required deposit; and the entry of such security shall
entitle the owner to have such liens discharged to the same
effect as though the required sums had been deposited in court
as aforesaid.
(e) Authority of Court. The court, upon petition filed by
any party, and after notice and hearing, may upon cause shown:
1.require the increase or decrease of any deposit or security;
2.strike off security improperly filed; 3.permit the substitution
of security and enter an exoneration of security already given.
ARTICLE VI. DUTIES AND REMEDIES OF OWNER AND CONTRACTOR ON
NOTICE OF INTENTION TO FILE OR ON FILING OF CLAIM BY SUBCONTRACTOR
1601
Owner’s Right to Retain Funds of Contractor
An owner who has been served with a notice of intention to
file or a notice of the filing of a claim by a subcontractor
may retain out of any monies due or to become due to the contractor
named therein, a sum sufficient to protect the owner from
loss until such time as the claim is finally settled, released,
defeated or discharged.
1602 Notice to Contractor of Claim
(a) An owner served with a notice as provided by section 601
may, and if he has retained any funds due the contractor shall,
give written notice thereof to the contractor named.
(b) The notice shall state:
1.the name of the subcontractor, the amount of the claim and
the amount withheld, if any, by the owner; 2.that unless the
contractor within thirty (30) days from service of the notice
settles, undertakes to defend, or secures against the claim
as provided by section 603, the owner may avail himself of
the remedies provided by section 604.
(c) The notice may be given by the owner or his agent to the
contractor personally, or to the contractor’s manager,
executive or principal officer or other agent, or if none
of these persons can be found, by sending a copy of the notice
by first class, registered or certified mail to the contractor
at his last known office address.
1603 Contractor’s Duties on Receipt
of Notice
Upon service of the notice provided by section 602, the contractor
shall within thirty (30) days from the contractor’s
receipt of notice:
1.settle or discharge the claim of the subcontractor and furnish
to the owner a written copy of a waiver, release or satisfaction
thereof, signed by the claimant; or 2.agree in writing to
undertake to defend against said claim, and if the owner has
not retained sufficient funds to protect him against loss,
furnish the owner additional approved security to protect
the owner from loss in the event the defense should be abandoned
by the contractor or should not prevail; or 3.furnish to the
owner approved security in an amount sufficient to protect
the owner from loss on account of said claim.
1604 Additional Remedies of Owner
Should the contractor fail to settle, discharge or defend
or secure against the claim, as provided by this act, the
owner may:
1.pay the claim of the subcontractor, upon which payment the
owner shall be subrogated to the rights of the subcontractor
against the contractor together with any instrument or other
collateral security held by the subcontractor for the payment
thereof; or 2.undertake a defense against said claim in which
case the contractor shall be liable to the owner for all costs,
expenses and charges incurred in such defense, including reasonable
attorneys’ fees, whether said defense be successful
or not, but the undertaking of such defense shall not affect
the right of the owner to retain funds of the contractor under
section 601 until the [sub]contractor’s claim is finally
defeated or discharged.
ARTICLE VII JUDGMENT; EXECUTION; REVIVAL
1701 Procedure to Obtain Judgment
(a) Practice and Procedure. The practice and procedure to
obtain judgment upon a claim filed shall be governed by the
Rules of Civil Procedure promulgated by the Supreme Court.
(b) Time for Commencing Action. An action to obtain judgment
upon a claim filed shall be commenced Within two (2) years
from the date of filing unless the time be extended in writing
by the owner.
(c) Venue; Property in More Than One County. Where a claim
has been filed in more than one county as provided by section
502(b), proceedings to obtain judgment shall be res adjudicata
as to the merits of the claims properly filed in the other
counties. The judgment may be transferred to such other county
by filing of record a certified copy of the docket entries
in the action and a certification of the judgment and amount,
if any. The prothonotary of the court to which the judgment
has been transferred shall forthwith index it upon the judgment
index and enter it upon the mechanics’ lien docket.
(d) Limitation on Time of Obtaining Judgment. A verdict must
be recovered or judgment entered within five (5) years from
the date of filing of the claim. Final judgment must be entered
on a verdict within five (5) years. If a claim is not prosecuted
to verdict or judgment, as provided above, the claim shall
be wholly lost: Provided, however, That in either case, if
a complaint has been or shall be filed in the cause and if
the cause has been or shall be at issue, all time theretofore
or thereafter consumed in the presentation and disposition
of all motions and petitions of defendants, substituted defendants
and intervenors in the cause, and in any appeal or appeals
from any order in the cause, from the date of perfection of
such appeal to the date of return of the certiorari from the
appellate court to the court of common pleas, shall be excluded
in the computation of the five (5) year period herein provided.
1702
Effect of Judgment on Right to Personal Action
Nothing in this act shall alter or affect the right of a claimant
to proceed in any other manner for the collection of his debt.
1703 Appeal from Judgment
From any judgment, order or decree entered by the court of
common pleas under the provisions of this act or from any
refusal to open a judgment entered by default, an appeal may
be taken.
1704
Satisfaction of Claims; Penalty for Failure to Satisfy
It shall be the duty of a claimant upon payment, satisfaction
or other discharge of the claim, verdict or judgment to enter
satisfaction thereof upon the record upon payment of the costs
of same. Upon failure to do so within thirty (30) days after
a written request to satisfy, the court upon petition of any
party in interest may order the claim, verdict or judgment
satisfied and the claimant shall be subject to a penalty in
favor of the party aggrieved in such sum as the court in the
petition proceedings shall determine to be just, but not exceeding
the amount of the claim.
1705
Revival of Judgment
Judgment upon a claim shall be revived within each recurring
five-year period. The practice and procedure to revive judgment
shall be governed by the Judgment Lien Law of 1947, as now
in force or hereafter amended, and the Rules of Civil Procedure
promulgated by the Supreme Court, but the lien of the revived
judgment shall, as in the case of the original judgment, be
limited to the liened property.
1706 Execution Upon Judgment
(a) Judgment Essential to Execution. No execution shall issue
against the property subject to a claim except after judgment
shall have been obtained upon the claim, and within five (5)
years from the date of such judgment or a revival thereof.
(b) Conformity to Rules of Civil Procedure. The practice and
procedure relating to execution shall be governed by the Pennsylvania
Rules of Civil Procedure relating to execution.
(c) Division of Tract. Where only a part of a single tract
is subject to the lien of a mechanic’s claim, and such
part cannot be sold without prejudice or injury to the whole,
the court on petition of the owner, claimant or any person
in interest may order the entire tract sold and shall equitably
distribute the proceeds of sale according to the relative
value of the part bound by and that free of the claim. The
court may determine the matter itself and for that purpose
may receive evidence by deposition or otherwise, or may appoint
an auditor to hear the evidence and report to the court.
ARTICLE VIII SEVERABILITY AND EFFECTIVE
DATE
1801 Severability
If any provision of this act or the application thereof to
any person or circumstance is held invalid, the remainder
of this act, and the application of such provision to other
persons or circumstances, shall not be affected thereby and
to this end the provisions of this act are declared to be
severable.
1802 Effective Date
This act shall take effect on the first day of January, 1964,
but shall not apply to liens filed prior to said date except
with respect to the practice and procedure prescribed by Article
VII of this act.
ARTICLE IX REPEALER
1901 Specific Repeal
The following act is repealed absolutely. The act of June
4, 1901 (P.L. 431), entitled [title here omitted intentionally.]
1902
General Repeal
All
other acts and parts of acts are repealed in so far as they
are inconsistent herewith
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