72 Pa. Stat. § 5860.403

Current through Pa Acts 2024-35, 2024-56
Section 5860.403 - Procedure to obtain possession

If either the owner against whom the claim is entered, being in possession of the property sequestered, or the party in possession, refuses to pay a fair rent to the sequestrator, the court shall, upon the petition filed, grant a rule on the property owner or party in possession to show cause why possession of the property should not be delivered to the sequestrator. The petition and rule shall be served on the owner or party in possession in such manner and within such time as the court may direct. If the rule is made absolute, the court shall award a writ in the nature of a writ of habere facias possessionem directed to the owner or party in possession, commanding him to deliver possession to the sequestrator within fifteen (15) days thereafter, unless such property is occupied by the owner and his family for a home, in which case he shall be commanded to deliver possession within thirty (30) days thereafter: Provided, That if one or more persons in the family of the owner occupying the property as a home are receiving assistance from any public agency, the bureau, as sequestrator, may elect to lease the property, under the provisions of section four hundred four of this act, to the owner or other member of his family dwelling therein, for as long as the sequestrator is paid monthly a sum at least equal, but not limited to, such portion of the assistance grant as the Department of Public Assistance provides for the payment of taxes, insurance and necessary repairs, and for sixty (60) days after the removal of said persons from the public assistance rolls.

72 P.S. § 5860.403

1947, July 7, P.L. 1368, art. IV, § 403. As amended 1949, May 20, P.L. 1579, No. 477, § 1.