§ 1058. Enforcement of lien
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 68 P.S. Real and Personal Property
68 P.S. § 1058
§ 1058. Enforcement of lien
(b) Commercial real estate in more than one county.--Where a claim has been filed in more than one county as provided by section 6(d), proceedings to obtain judgment upon all the claims may be commenced in any of the counties, and the judgment shall be res adjudicata as to the merits of the claims properly filed in 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.
(d) Lien based on option to purchase.--A broker claiming a lien based upon an option to purchase shall, within six months after the transfer or conveyance of the commercial real estate pursuant to the exercise of the option to purchase, commence proceedings to enforce the lien. Failure to commence proceedings within this time shall extinguish the lien.
(e) Complaint and defendants to the action.--A complaint under this section shall contain a brief statement of the contract or agreement on which the lien is founded, the date when the contract or agreement was made, a description of the services performed, the amount due and unpaid and a description of the property that is subject to the lien. The plaintiff shall make all interested parties, of whose interest he is notified or has knowledge, defendants to the action. The practice and procedure shall be governed by the Pennsylvania Rules of Civil Procedure and all other rules and procedures relating to civil actions except to the extent inconsistent with the provisions of this section.
(h) Costs.--The cost of proceedings, including reasonable attorney fees and prejudgment interest due to the prevailing party, shall be borne by the nonprevailing party or parties. If more than one party is responsible for the costs, fees and prejudgment interest, the costs, fees and prejudgment interest shall be equitably apportioned by the court among the responsible parties.
Credits
1998, March 20, P.L. 197, No. 34, § 8, effective in 60 days.
68 P.S. § 1058, PA ST 68 P.S. § 1058
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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