53 Pa. Stat. § 7275

Current through P.A. Acts 2023-32
Section 7275 - Sequestrator; supersedeas

After the expiration of twenty days from the recovery of judgment, whether on the original scire or any scire facias to revive, except in cases where the property named is essential to the business of a quasi public corporation, 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. If the owner against whom the judgment is entered be in possession of the property sequestered, or the party in possession refuse to pay a fair rent, the court shall, upon petition filed and served, grant a rule, and, if it be made absolute, award a writ in the nature of a writ of habere facias possessionem, directed to the owner and/or the party in possession commanding him, or them, to deliver such possession to the sequestrator within fifteen days thereafter, unless such property be occupied by the owner and his family for a home, in which case he shall be entitled to retain possession for a period of one month from the time the petition was served upon him. A sequestrator, once appointed, shall have power to retain possession as sequestrator until all the taxes owing at the time of his appointment shall have been collected or paid. He shall have power to lease the property for a period not exceeding one year with the usual privilege of renewal or termination thereof upon three months notice. He may make such repairs to the property as may be reasonably necessary to restore it to and maintain it in a tenantable condition. He may advertise for tenants and collect the costs of repairs and advertising from rentals collected or from a redeeming owner. He may appoint an agent or agents to collect the rentals of the property and pay such agent or agents the customary commissions for rent collections. All commissions, costs, and necessary expenses shall be deducted from the rents collected before paying the net balance towards the taxes. Any owner of the property may redeem it from the sequestrator and be again entitled to possession thereof 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. 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 or owners subject to any existing lease or leases given or executed by the sequestrator, which said lease or leases shall be assigned to the owner.

Sequestrators appointed under this act shall have and exercise all the powers, and shall be entitled to use, all the remedies conferred by the laws of this Commonwealth upon sequestrators in other proceedings, so far as they may be applicable.

53 P.S. § 7275

1923, May 16, P.L. 207, § 24. Amended 1935, July 12, P.L. 673, § 1.