Adopted March 5, 1997 · Last amended March 5, 1997 · Last verified June 30, 2026
In one sentenceThis rule preserves a list of statutes on mechanics' liens and municipal and tax claims from being suspended by the enforcement rules, while suspending a few others to the extent they conflict with the rules.
(a)The rules governing the enforcement of a judgment in rem in an action or proceeding upon a mechanics’ lien, municipal claim, tax claim or charge on land shall not be deemed to suspend or affect:
(1)Mechanic’s Liens.
(i)Sections 303(c) and 508 of the Act of August 24, 1963, P. L. 1175,
(2)Municipal and Tax Claims.
(i)Section 24 of the Act of May 16, 1923, P. L. 207, as amended, 53 P. S. § 7275.
(ii)Section 27 of the Act of May 16, 1923, P. L. 207, 53 P. S. § 7277.
(iii)Section 29 of the Act of May 16, 1923, P. L. 207, as amended, 53 P. S. § 7279.
(iv)Section 30 of the Act of May 16, 1923, P. L. 207, 53 P. S. § 7280.
(v)Section 31 of the Act of May 16, 1923, P. L. 207, 53 P. S. § 7281.
(vi)Sections 31.1, 31.2 of the Act of May 16, 1923, P. L. 207, as added and amended, 53 P. S. §§ 7282, 7283.
(vii)Section 32 of the Act of May 16, 1923, P. L. 207, 53 P. S. § 7293, as added and amended.
(viii)The Real Estate Tax Sale Law approved July 7, 1947, P. L. 1368, as amended, 72 P. S. § 5860.101 and all other acts authorizing Tax Bureau or Treasurer’s sale on tax liens.
(ix)Sections 4 to 9, inclusive, of the Act of March 1, 1956, P. L. (1955) 1196, 53 P. S. §§ 7287 to 7292, except insofar as § 7 relates to execution, acknowledgement and delivery of sheriff’s deed.
(b)The following Acts of Assembly are suspended in accordance with the provisions of the Constitution of 1968, Article V, Section 10(c):
(1)Section 28 of the Act approved May 16, 1923, P. L. 207, 53 P. S. § 7278.
(2)Section 1404 of the Fiscal Code of April 9, 1929, P. L. 343, Art. XIV, 72 P. S. § 1404, only insofar as it may authorize sale of real estate subject to tax liens on writ of scire facias.
(3)Section 7 of the Act approved March 1, 1956, P. L. (1955) 1196, 53 P. S. § 7290, insofar as it relates to acknowledgment and delivery of sheriff’s deed.
Plain-English Summary
This rule sorts the older statutes that surround in rem lien enforcement. Its first part keeps a long list of Acts of Assembly in force — provisions on mechanics’ liens and on municipal and tax claims, including the Real Estate Tax Sale Law and other acts authorizing tax-bureau or treasurer’s sales — so those specialized procedures continue alongside the rules.
Its second part suspends a few statutes, under the Court’s constitutional rulemaking authority, to the extent they conflict — such as a provision authorizing a tax sale on a writ of scire facias. The two parts together draw a clear line between the statutory provisions that survive and the few the rules displace.
Frequently Asked Questions
Do the older tax- and lien-sale statutes still apply?
Yes. The rule expressly preserves a list of mechanics'-lien and municipal- and tax-claim statutes, which continue to govern alongside the rules.
What does this rule suspend?
A few specified statutory provisions are suspended to the extent they conflict with the enforcement rules, under the Court's rulemaking authority.
Official Note
Official Note: These sections provide for the loss of the lien when property is conveyed in good faith prior to the filing of a claim and for the priority of a lien.
Official Note: This Section relates to sequestration of rents.
Official Note: This Section relates to stay upon entry of security and admission of validity of claim.
Official Note: This Section relates to upset sale price and discharge of liens.
Official Note: This Section relates to execution against quasi public corporations and pref- erence of claims.
Official Note: This Section relates to procedure for selling free and clear of all liens.
Official Note: These Sections relate to procedure for selling free and clear of all claims in first class counties and cities.
Official Note: This Section relates to right of redemption after sale.
Official Note: These Sections relate to sale of vacant lots in ‘‘conservation areas’’ free and clear of all liens and without any right of redemption.
Official Note: This Section provides for execution upon a judgment by writ of levari facias and specifies the form of the writ and procedure thereon.
Official Note: This Section authorizes writs of scire facias to issue and be prosecuted to judgment and execution on Commonwealth tax liens.
Official Note: This Section relates to the execution, acknowledgment and delivery of deeds in sale of tax delinquent vacant lots located in blighted ‘‘conservation areas.’’
Amendment History
The provisions of this Rule 3191 adopted March 5, 1997, effective July 1, 1997, 27 Pa.B. 1441.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as:acts of assembly mechanics lienstax claim statutes preserved