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.
§ 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.
§ 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.
§ 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.
§ 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 therefor.
(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:
the name of the party claimant;
the name of the person with whom he contracted;
the amount claimed to be due;
the general nature and character of the labor or materials
furnished;
the date of completion of the work for which his claim
is made;
a brief description sufficient to identify the property
claimed to be
subject to the lien; and
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:
file a claim with the prothonotary as provided by this
act within four (4)
months after the completion of his work; and
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:
the name of the party claimant, and whether he files
as contractor or
subcontractor;
the name and address of the owner or reputed owner;
the date of completion of the claimant's work;
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;
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;
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;
the amount or sum claimed to be due; and
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:
substitute a different property than that described in
the claim; or
substitute a different party with whom the claimant contracted;
or
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:
require the increase or decrease of any deposit or security;
strike off security improperly filed;
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.
§ 1602. Notice to contractor of claim.
§ 1603. Contractor's duties on receipt of notice.
§ 1604. Additional remedies of owner.
§ 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:
the name of the subcontractor, the amount of the claim
and the amount
withheld, if any, by the owner;
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:
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
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
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:
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
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.
§ 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.
§ 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.
§ 1802. 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.
§ 1902. General repeal.
§ 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. |
