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Bisels Pennsylvania Real Estate Lawsource The Collected Statutes Rules and Regulations Affecting Pennsylvania Real Estate Darrell M Zaslow Download

Bisel's Pennsylvania Real Estate Lawsource is a comprehensive collection of statutes, rules, and regulations governing real estate in Pennsylvania, authored by Darrell M. Zaslow and Levi S. Zaslow. The 2022 edition organizes real estate law into nine topic areas, providing legal practitioners with accessible references to the state's real estate laws. This publication aims to serve as a practical resource for understanding the complexities of real estate law, reflecting the historical significance and ongoing evolution of property ownership in Pennsylvania.

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0% found this document useful (0 votes)
31 views79 pages

Bisels Pennsylvania Real Estate Lawsource The Collected Statutes Rules and Regulations Affecting Pennsylvania Real Estate Darrell M Zaslow Download

Bisel's Pennsylvania Real Estate Lawsource is a comprehensive collection of statutes, rules, and regulations governing real estate in Pennsylvania, authored by Darrell M. Zaslow and Levi S. Zaslow. The 2022 edition organizes real estate law into nine topic areas, providing legal practitioners with accessible references to the state's real estate laws. This publication aims to serve as a practical resource for understanding the complexities of real estate law, reflecting the historical significance and ongoing evolution of property ownership in Pennsylvania.

Uploaded by

fanyluencabo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Bisel’s
Pennsylvania
Real Estate
Lawsource®
The Collected Statutes,
Rules and Regulations
Affecting Pennsylvania
Real Estate

2022 Edition

By

DARRELL M. ZASLOW, ESQ.


and
LEVI S. ZASLOW, ESQ.

gtb-parealestate22-all.indb 1 12/22/21 10:45 AM


Copyright © 2007–2022
By
George T. Bisel Company, Inc.

All rights Reserved


The text of this publication, or any part thereof, may not be reproduced or transmit-
ted in any form or by any means, electronic or mechanical, including photocopying,
recording, storage in an information retrieval system, or otherwise, without the prior
written permission of the publisher. The information contained herein is not intended
to constitute legal advice generally or with respect to any particular set of facts or
circumstances and should not be relied upon as such by the reader. Neither the
author nor the publisher assume responsibility for errors or omissions as may be
contained herein, the use of the information contained herein, or any damages arising
or resulting from the use of the information contained herein. Although the publisher
intends to update this material from time to time, neither the author nor the publisher
assumes any obligation to do so and this material speaks only as of the date that
research therefor was completed which necessarily preceded the publication date.

Printed in United States of America


Library of Congress Control Number: 2006927785

ISBN: 0-9755281-2-2

HOW TO USE

   First refer to main text herein, then check any current supplement, using
same reference numbers. New material subsequent to publication of origi-
nal text is contained in later supplements and text revisions. SINCE LAWS
AND CODE REFERENCES CHANGE QUITE FREQUENTLY, AL-
WAYS CHECK THE TIMELINESS AND APPLICABILITY OF THE
STATUTES AND CODE CONTAINED HEREIN.

FOR QUESTIONS ABOUT THIS PUBLICATION,


CALL TOLL FREE 1-800-247-3526.

Contact the Bisel Editorial Department directly with your questions and
suggestions by e-mail at [email protected]

gtb-parealestate22-all.indb 2 12/22/21 10:45 AM


PREFACE

“The Earth is the Lord’s, and the fullness thereof”. So proclaims the Psalmist. The
human race, however, has taken a different approach, and parceled the planet out
among ourselves. Despite the assertion of heavenly ownership, humanity claims land
in fee simple, in perpetuity, with title deeds to prove it. The story of man’s appropria-
tion of land runs parallel with all of human history. The earliest legal systems, even
the legal code within the Bible itself, provide for private ownership of property. The
Bible parcels out the Holy Land among the tribes and families of Israel. The Romans
chiseled property law on their famous Twelve Tables. William the Conqueror created
the most famous of deed records, the 11th century Domesday Book, cataloguing
ownership of the entire English Isle, and cementing the feudal system of estates
and land tenure which is the bedrock of modern property law. From the earliest
days of the Common Law, protection of private property has been a primary focus
of jurisprudence.
Real Estate is integral to American society. In a recitation of individual rights,
property follows immediately after life, liberty, and the pursuit of happiness. The
value of real estate is deeply rooted in the traditions forming the foundation of our
democracy. Here in Pennsylvania, the oldest of our statutes, pre-dating the American
Revolution, pertains to real estate and the ownership thereof; yet even the famous
Statute of Frauds, enacted in 1772, merely codified a legal principle already deeply
enshrined in the Common Law. The phraseology of the Statute has remained with-
out amendment since that day. And so this Law Source presents Real Estate law,
from that ancient Statute of Frauds, to the utterly modern Uniform Acts governing
Cooperatives and Condominiums adopted over two centuries later. Amendments to
the numerous laws governing real estate have been unceasingly enacted in every
year and century in between.
Real Estate law, in all its ancient and modern enactments, is often obtuse. The
division of this Lawsource into nine coordinated topic areas and seventy chapters is
intended to provide the legal practitioner with easy access to the widely scattered stat-
utes governing real estate, in a semblance of order lacking in the official enactments
My great-grandfather disembarked from the boat that brought him from the old
country, and upon arrival in Philadelphia promptly began purchasing real estate.
My grandfather, and then father, followed suit. Having grown up in a real estate
family, hardly a day went by when an issue relating to real estate didn’t arise.
The complexities of property ownership, rental, maintenance, and conveyance
resulted in formation by my father, Harry Zaslow, with my mother Naomi at his
side, of an organization now known as HAPCO, the Homeowners Association of
Philadelphia. HAPCO and I were born in the same year, over a half-century ago.
It has been my honor to serve as legal counsel to the organization, now grown into
the largest association of rental property owners in the state, for the last 28 years.
I have been privileged to gain substantial legal experience and knowledge, at all
levels of government and the courts, through my representation of HAPCO, and
our statewide affiliate in Harrisburg, the Pennsylvania Residential Owners As-
sociation (PROA). This Real Estate Lawsource is an outgrowth of that experience.
Lewis A. Walder, Esq., my lifelong law partner and the founder of our firm, has
been mentor and friend since I clerked for him one long ago summer in law school.
His practical wisdom and legal expertise educated me in the law that we practice
in the trenches. Lewis radiates an amiable and admirable attitude towards life and
the law, which has made the entire experience worthwhile and pleasant. Stacie

iii

gtb-parealestate22-all.indb 3 12/22/21 10:45 AM


PREFACE
Guenther, my dedicated legal assistant since the day a decade and a half ago that
she graduated high school, organizes office life with an equanimity that soothes the
troubled client and smoothes the disarray of my desk.
A parcel of real estate is of course not a home; that takes a wife and family to
create and share it. In that regard, I have been blessed on the home front by the
presence therein of my wife Sherri, and our wonderful children, children-in-law, and
grandchildren. May the Source of all Law bring happiness and prosperity to them,
and to this nation of laws that so mightily endeavors to protect property and enjoy-
ment of the fruits thereof.
Any comments or suggestions for improvement of the format of this Real Estate
Lawsource, or inclusion of additional materials, are welcome and appreciated.

Darrell M. Zaslow

iv

gtb-parealestate22-all.indb 4 12/22/21 10:45 AM


Contents
Table of
TABLE OF CONTENTS

Ch. 1–14
Brokers
(Summary)

Part I
Preface

Ch. 15–22
Part II
Deeds
Tables of Contents

Part I Real Estate Brokers, Agreements,


and Settlements 1

Mortgages
Ch. 23–35
Part III
Part II Deeds 87

Part III Mortgages and Other Liens 163

Insurance
Ch. 36–40
Part IV
Part IV Hazard, Title, & Mortgage Insurance 467

Part V Zoning, Planning, and Government

Zoning, etc.
Ch. 41–48A
Regulation 521

Part V
Part VI Real Estate Taxation 757

Ch. 49–56
Taxation
Part VII Real Estate Litigation 963

Part VI
Part VIII Landlord and Tenant 1065
Litigation

Part IX Condominiums, Cooperatives, and


Ch. 57–63
Part VII

Manufactured Housing 1181

Index 1391
Ch. 64–67
Part VIII
L/T
Condos, etc.
Ch. 68–72
Part IX
Index

gtb-parealestate22-all.indb 5 12/22/21 10:45 AM


gtb-parealestate22-all.indb 6 12/22/21 10:45 AM
Contents
Table of
TABLE OF STATUTES

Ch. 1–14
Brokers
[References Are to Chapters in This Book]

Part I
Chapter
1 Pa.C.S. § 1991, Blighted Property—Definition . . . . . . . . . . . . . . . . . . . . . . . 48.4

Ch. 15–22
Part II
Deeds
7 Pa.C.S. §§ 6101–6154, Mortgage Loan Industry Licensing . . . . . . . . . . . . . . . 27
7 P.S. §§ 6701–6703, Mortgage Property Insurance. . . . . . . . . . . . . . . . . . . . . . . 40
7 P.S. § 6622, Secondary Mortgage Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.1
8 Pa.C.S. § 1202, Real Estate Registries: Borough Code. . . . . . . . . . . . . . . . . 20.1
10 Pa. Code §§ 7.1 to 7.9, Residential Real Estate Transactions. . . . . . . . . . . . 30
10 Pa. Code §§ 44.1 to 44.5, Mortgage Bankers and Brokers and Consumer

Mortgages
Ch. 23–35
Part III
Equity Protection Continuing Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
12 U.S.C. §§ 2601 et seq., Real Estate Settlement Procedures. . . . . . . . . . . . . . . 4
12 Pa.C.S. §§ 5101 to 12 Pa.C.S. 5114, Uniform Voidable Transactions Act. . . 62
15 U.S.C. §§ 1601 et seq., Consumer Credit Cost Disclosure. . . . . . . . . 25, 44.18
16 P.S. §§ 3701 to 3708, Second Class County Lot System and Registration
of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.4

Insurance
Ch. 36–40
16 P.S. §§ 9701 to 9857, Recorders of Deeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Part IV
16 P.S. § 9784, Recorders of Deeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.2
18 Pa.C.S. § 3312, Survey Monument, Destruction of. . . . . . . . . . . . . . . . . . . 44.3
18 Pa.C.S. § 4103, Destruction of Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.4
18 Pa.C.S. § 4913, Impersonating a Notary Public or a Holder of a
Professional or Occupational License. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.19

Zoning, etc.
18 P.S. § 7331, Unlicensed Mortgage Loan Business. . . . . . . . . . . . . . . . . . . 44.16

Ch. 41–48A
21 P.S. §§ 1 to 602, Deeds and Conveyances . . . . . . . . . . . . . . . . . . . . . . . 17, 44.5

Part V
21 P.S. §§ 291.1 to 291.13, Uniform Acknowledgment Act. . . . . . . . . . . . . . . . . 22
21 P.S. §§ 331 to 337, Uniform Parcel Identifier Law. . . . . . . . . . . . . . . . . . . . . 21
21 P.S. §§ 338.1 to 338.9, Uniform Municipal Deed Registration Act . . . . . . 20.5
21 P.S. §§ 381 to 410, Recordable Documents . . . . . . . . . . . . . . . . . . . . . . . . . 19.1
21 P.S. §§ 483.1 to 483.9, Uniform Real Property Electronic Recording

Ch. 49–56
Taxation

Part VI
Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.2
21 P.S. §§ 611 to 615, Notice of Zoning and Code Violations. . . . . . . . . . . . . . . . 9
21 P.S. §§ 621 to 951, Mortgages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
21 P.S. §§ 681 to 705, Mortgage Satisfaction Generally . . . . . . . . . . . . . . . . . 29.1
21 P.S. §§ 711 to 717, First Class City Mortgage Satisfaction. . . . . . . . . . . . 29.2
21 P.S. §§ 720-1 to 720-9, Second to Eighth Class County Mortgage
Litigation
Ch. 57–63
Satisfaction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29.3 Part VII
21 P.S. §§ 721-1 to 721-12, Mortgage Satisfaction Act . . . . . . . . . . . . . . . . . . 29.4
23 Pa.C.S. §§ 3503 to 3508, §§ 4361 to 4365, Divorce and Domestic
Violence Property Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
26 Pa.C.S. §§ 101 et seq., Eminent Domain Code . . . . . . . . . . . . . . . . . . . . . . . . 42
26 U.S.C § 1031, Internal Revenue Code—Exchange of Property . . . . . . . . . . . 56
Ch. 64–67

33 P.S. §§ 1, 2, Statute of Frauds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1


Part VIII

35 P.S. § 750.7a, Unavailable Community Sewage Disclosure Requirement. . . . 12


L/T

35 P.S. §§ 1656.1 to 1656.9, Manufactured Housing Construction and Safety


Standards Authorization Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71.1
35 P.S. § 1656.9, Manufactured Housing—Crimes and Offenses. . . . . . . . . . 44.6
35 P.S. §§1658.1 to 1658.6, Manufactured Housing Improvement Act . . . . . 71.2
Condos, etc.
Ch. 68–72

35 P.S. §§ 1680.101 to 1680.603a, Housing Finance Agency Law . . . . . 26.1, 44.7


Part IX

35 P.S. §§ 1681.1 to 1681.7, Homeowner Assistance Settlement Act. . . . . . . 26.2


35 P.S. § 1680.602a, Housing Finance Agency—Crimes and Offenses. . . . . . 44.7
35 P.S. § 6018.405, Hazardous Waste Disclosure. . . . . . . . . . . . . . . . . . . . . . . . . 11
40 P.S. §§ 910-1 to 910-55, Title Insurance Companies. . . . . . . . . . . . . . . . . . . . 36
40 P.S. §§ 1600.101 to 1600.502, Fair Plan Act. . . . . . . . . . . . . . . . . . . . . . . . . . 39
Index

vii

gtb-parealestate22-all.indb 7 12/22/21 10:45 AM


TABLE OF STATUTES
Chapter
40 P.S. §§ 3401 to 3409, Property and Casualty Insurers—Notice
Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
41 P.S. §§ 101 to 605, Maximum Interest Rates (Act 6). . . . . . . . . . . . . . 24, 44.8
42 Pa.C.S. §§ 5522 to 5538, Statutes of Limitation. . . . . . . . . . . . . . . . . . . . . . . 58
42 P.S. § 7501, Attachment of Property Prior to Judgment . . . . . . . . . . . . . . . . 60
42 P.S. § 7533, Declaratory Relief. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
42 Pa.C.S. §§ 8103, Deficiency Judgments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
42 P.S. §§ 8141 to 8144, Priority of Liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
43 P.S. §§ 951 to 963, Human Relations Act . . . . . . . . . . . . . . . . . . . . . . . 44.9, 47
49 P.S. §§ 1101 to 1902, Mechanics’ Lien Law. . . . . . . . . . . . . . . . . . . . . . . . . . . 34
52 P.S. §§ 1551 to 1554, Mines and Mining Removal of Surface Support. . . . . 13
53 P.S. §§ 4271–4277, Municipality Condemnation Order Act. . . . . . . . . . . . 48.3
53 Pa.C.S. §§ 6101–6145, Neighborhood Blight Reclamation and
Revitalization Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48.2
53 Pa.C.S. § 6115, Failure to Comply with a Code Requirement. . . . . . . . . 44.20
53 P.S. §§ 6901 et seq., Local Tax Enabling Act . . . . . . . . . . . . . . . . . . . . . . . 49.4
53 P.S. §§ 7101 to 7505, Municipal Claims and Tax Liens. . . . . . . . . . . . . . . . . 52
53 P.S. §§ 10101 to 11202, Municipalities Planning Code. . . . . . . . . . . . . . . . . . 41
53 P.S. §§ 11703.1 to 11703.8, Development Permit Extension Act. . . . . . . . 41.1
53 P.S. §§ 53601 to 53605, Real Estate Registries: Incorporated Towns. . . . 20.2
53 P.S. §§ 56310 to 56315, Real Estate Registries: First Class
Townships. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.3
63 P.S. §§ 455.101 to 455.902, Real Estate Licensing and Registration
Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 44.10
63 P.S. §§ 456.101 to 456.3101, Mortgage Bankers and Brokers and
Consumer Equity Protection Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28, 44.12
63 P.S. §§ 457.1 to 457.19, Real Estate Appraisers Certification Act. . . 32.1, 44.13
63 PS §§ 457.21–457.31, Appraisal Management Company
Registration Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32.2
63 P.S. §§ 458.1 to 458.16, Assessors Certification Act. . . . . . . . . . . . . . . . . . . . 51
63 P.S. §§ 1601 to 1608, Insurance Adjusters. . . . . . . . . . . . . . . . . . . . . . 38, 44.11
68 P.S. §§ 81 to 88, Adverse Possession Claim. . . . . . . . . . . . . . . . . . . . . . . . . . . 59
68 P.S. § 101, Tenants in Common. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
68 P.S. § 110, Joint Tenants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
68 P.S. §§ 250.101 to 250.602, Landlord and Tenant Act of 1951 . . . . . . . . . . . 64
68 P.S. §§ 398.1 to 398.16, Mobile Home Park Rights Act. . . . . . . . . . . . . . . . . 72
68 P.S. §§ 467 to 473, Nuisances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.17, 46.1
68 P.S. §§ 477-1 to 477-8, Recreational Use of Land. . . . . . . . . . . . . . . . . . . . 46.2
68 P.S. §§ 801 to 805, Air Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
68 P.S. §§ 901 to 911, Installment Land Contract Law. . . . . . . . . . . . . . . . . . . . . 8
68 P.S. §§ 1051 to 1063, Commercial Real Estate Broker Lien Act. . . . . . . . . . . 3
68 P.S. §§ 1081 to 1083, Municipal Code and Ordinance Compliance. . . . . . . . 43
68 P.S. §§ 1101–1111, Abandoned and Blighted Property
Conservatorship Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48.1
68 Pa.C.S. §§ 2101 to 2120, Land Banks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48A
68 Pa.C.S. §§ 2301 to 2312, Vacant and Abandoned Real Estate
Foreclosure Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24A
68 Pa.C.S. §§ 3101 to 3414, Uniform Condominium Act. . . . . . . . . . . . . . . . . . . 68
68 Pa.C.S. 4101 to 4418, Real Estate Cooperative Act . . . . . . . . . . . . . . . . . . . . 69
68 Pa.C.S. §§ 5104 to 5414, Uniform Planned Community Act . . . . . . . . . . . . . 70
68 Pa.C.S. §§ 7101 to 7103, Residential Real Estate Transfers. . . . . . . . . . . . . . 5
68 Pa.C.S. §§ 7301 to 7315, Real Estate Seller Disclosure Law. . . . . . . . . . . . . . 6
68 Pa.C.S. §§ 7501 to 7513, Home Inspection Law . . . . . . . . . . . . . . . . . . 7, 44.14
68 Pa.C.S.A. § 8101–8107, Private Transfer Fee Obligation Act . . . . . . . . . . 27A
69 P.S. § 529, Notice of Bulk Sales, Reports, Taxes. . . . . . . . . . . . . . . . . . . . . . 10

viii

gtb-parealestate22-all.indb 8 12/22/21 10:45 AM


Contents
Table of
TABLE OF STATUTES
Chapter
72 P.S. §§ 4711-101 to 4711-305, Improvement of Deteriorating Real

Ch. 1–14
Property or Areas Tax Exemption Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55.1

Brokers

Part I
72 P.S. §§ 4712-101 to 4712-108, Tax Exemption and Mixed-Use
Incentive Program Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55.3
72 P.S. §§ 4722 to 4731, Local Economic Revitalization Tax Assistance
Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55.2
72 P.S. §§ 4749.1 to 4749.6, First and Second Class County Property Tax

Ch. 15–22
Part II
Deeds
Relief Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55.4
72 P.S. § 4750.1301, Tax Authorization for Cities of the First Class. . . . . . . 49.3
72 P.S. §§ 4751-1 to 4751-12, Senior Citizens Rebate and Assistance. . . . . . 54.1
72 P.S. §§ 4751-21 to 4751-26, Cities of the First Class Low-Income Senior
Citizens Property Tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54.2
72 P.S. §§ 4753-1 to 4753-4, Tax Extension for U.S. Armed Services . . . . . . 54.3

Mortgages
Ch. 23–35
Part III
72 P.S. §§ 4754-1 to 4754-6, New Home Construction Local Tax
Abatement Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54.4
72 P.S. §§ 5020-1 to 5020-602, General County Assessment Law . . . . . . . . . . . 50
72 P.S. §§ 5860-101 to 5860-803, Real Estate Tax Sale Law . . . . . . . . . . . . . . . 53
72 P.S. §§ 8101-C to 8114-C, State Realty Transfer Tax. . . . . . . . . . . . 44.15, 49.1
72 P.S. §§ 8101-D to 8114-D, Local Real Estate Transfer Tax. . . . . . . . . . . . 49.2

Insurance
Ch. 36–40
73 P.S. §§ 501 to 516, Contractor and Subcontractor Payment Act. . . . . . . . . . 35

Part IV
231 Pa. Code §§ 410 to 4009.33, Selected Rules of Civ. P. . . . . . . . . . . . . . . . . . 57
231 Pa. Code §§ 3301 to 3313, Attachment of Wages . . . . . . . . . . . . . . . 57.16, 67
246 Pa. Code §§ 201 to 1082, Pa.R.Civ.P.M.D.J. . . . . . . . . . . . . . . . . . . . . . . . . . 66
Phila. M.C.R. Civ. P Nos. 101 to 205.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

Zoning, etc.
Ch. 41–48A
Part V
Ch. 49–56
Taxation

Part VI
Litigation
Ch. 57–63
Part VII
Ch. 64–67
Part VIII
L/T
Condos, etc.
Ch. 68–72
Part IX
Index

ix

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gtb-parealestate22-all.indb 10 12/22/21 10:45 AM
Contents
Table of
TABLE OF CONTENTS

Ch. 1–14
Brokers
(Condensed)

Part I
Part I.   Real Estate Brokers, Agreements,

Ch. 15–22
and Settlements

Part II
Deeds
Chap. Page
1. Statute of Frauds................................................................... 1
2. Real Estate Licensing and Registration Act....................... 3

Mortgages
3. Commercial Real Estate Broker Lien Act......................... 39

Ch. 23–35
Part III
4. Federal Real Estate Settlement Procedures..................... 44
5. Residential Real Estate Transfers Law............................. 61
6. Real Estate Seller Disclosure Law..................................... 63
7. Home Inspection Law.......................................................... 68

Insurance
8. Installment Land Contract Law......................................... 74

Ch. 36–40
Part IV
9. Notice of Zoning and Code Violations................................ 79
10. Notice of Bulk Sales, Reports, Taxes................................. 81
11. Hazardous Waste Disclosure.............................................. 82
12. Unavailable Community Sewage Disclosure

Zoning, etc.
Ch. 41–48A
Requirement......................................................................... 83

Part V
13. Mines and Mining Removal of Surface Support............... 84
14. Air Space.............................................................................. 86

Part II.  Deeds

Ch. 49–56
Taxation

Part VI
15. Tenants in Common............................................................ 87
16. Joint Tenants....................................................................... 88
17. Law of Deeds and Conveyances......................................... 89
18. Recorders of Deeds............................................................ 124
19. Recordable Documents...................................................... 132
Litigation
Ch. 57–63
Part VII
20. Real Estate Registries....................................................... 145
21. Uniform Parcel Identifier Law......................................... 154
22. Uniform Acknowledgment Act.......................................... 157
Ch. 64–67

Part III.   Mortgages and Other Liens


Part VIII
L/T

23. Law of Mortgages Generally............................................. 163


24. Loan Interest and Protection Law................................... 173
24A. Vacant and Abandoned Real Estate Foreclosure Act..... 183
Condos, etc.

25. Consumer Credit Cost Disclosure.................................... 195


Ch. 68–72
Part IX

26. Housing Finance Agency Law.......................................... 311


27. Mortgage Loan Industry Licensing and Consumer
Protection........................................................................... 344
27A. Private Transfer Fee Obligation Act................................ 383
Index

xi

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TABLE OF CONTENTS (Condensed)

28. Mortgage Bankers and Brokers and Consumer Equity


Protection Act.................................................................... 388
29. Mortgage Satisfaction....................................................... 397
29.1. Satisfaction Generally....................................................... 397
29.2. First Class City Mortgage Satisfaction........................... 400
29.3. Second to Eighth Class County Mortgage
Satisfaction......................................................................... 402
29.4. Mortgage Satisfaction Act................................................. 405
30. Residential Real Estate Transactions.............................. 413
31. Mortgage Bankers and Brokers and Consumer Equity
Protection—Continuing Education................................... 421
32. Real Estate Appraisers Certification Act........................ 422
32.2. Appraisal Management Company Registration Act....... 432
33. Priority of Liens................................................................. 441
34. Mechanics’ Lien Law of 1963........................................... 445
35. Contractor and Subcontractor Payment Act................... 461

Part IV.   Hazard, Title, and Mortgage Insurance


36. Title Insurance Companies............................................... 467
37. Notice Requirements of Property and Casualty Insurers..... 494
38. Insurance Adjusters.......................................................... 498
39. The Pennsylvania Fair Plan Act...................................... 508
40. Mortgage Property Insurance Coverage Act................... 520

Part V.   Zoning, Planning, and


Government Regulation
41. Municipalities Planning Code.......................................... 521
41.1. Development Permit Extension Act................................. 635
42. Eminent Domain Code...................................................... 642
43. Municipal Code and Ordinance Compliance................... 676
44. Crimes and Offenses......................................................... 680
45. Divorce and Domestic Violence Property Rights............ 691
46. Nuisances and Recreational Use of Land........................ 695
47. Pennsylvania Human Relations Act................................ 698
48. Blight.................................................................................. 722
48.1. Abandoned and Blighted Property
Conservatorship Act.......................................................... 722
48.2. Neighborhood Blight Reclamation and
Revitalization Act.............................................................. 732
48.3. Municipality Condemnation Order Act........................... 738
48.4. Blighted Property–Definition............................................ 739
48A. Land Banks........................................................................ 740

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Contents
Table of
TABLE
TABLE OF CONTENTS OF CONTENTS (Condensed)
(Condensed)

Part VI.   Real Estate Taxation


49. Transfer Tax Authorization.............................................. 757

Ch. 1–14
Brokers

Part I
50. General County Assessment Law.................................... 786
51. Assessors Certification Act............................................... 815
52. Municipal Claims and Tax Liens..................................... 824
53. Real Estate Tax Sale Law................................................ 890

Ch. 15–22
Part II
Deeds
54. Property Tax Rebates and Abatements........................... 929
55. Revitalization Exemptions from Taxation....................... 943
56. Internal Revenue Code § 1031 Exchange........................ 960

Mortgages
Ch. 23–35
Part VII.   Real Estate Litigation

Part III
57. Selected Pennsylvania Rules of Civil Procedure
Applying to Real Estate....................................................... 963
58. Statutes of Limitation....................................................... 1040
59. Claim by Adverse Possession............................................ 1050

Insurance
Ch. 36–40
Part IV
60. Attachment of Property Prior to Judgment..................... 1052
61. Declaratory Relief.............................................................. 1053
62. Pennsylvania Uniform Voidable Transactions Act
(Formerly Pennsylvania Uniform Fraudulent
Transfer Act)...................................................................... 1054

Zoning, etc.
Ch. 41–48A
Part V
63. Deficiency Judgments........................................................ 1061

Part VIII.   Landlord and Tenant


64. Landlord and Tenant Act of 1951.................................. 1065

Ch. 49–56
Taxation

Part VI
65. Philadelphia Municipal Court Rules of Civil
Practice............................................................................. 1087
66. Rules of Civil Procedure for Magisterial District
Judges............................................................................... 1106
67. Attachment of Wages, Salary and Commissions
Litigation
Ch. 57–63
Part VII
under Section 8127(a)(3.1) of the Judicial Code
(Landlord/Tenant)............................................................ 1172

Part IX.   Condominiums, Cooperatives, and


Ch. 64–67
Part VIII

Manufactured Housing
L/T

68. Uniform Condominium Act............................................... 1181


69. Real Estate Cooperative Act............................................. 1240
70. Uniform Planned Community Act.................................... 1300
Condos, etc.
Ch. 68–72

71. Manufactured Housing...................................................... 1368


Part IX

72. Manufactured Home Community Rights Act.................. 1376

Index����������������������������������������������������������������������������������������� 1391
Index

xiii

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gtb-parealestate22-all.indb 14 12/22/21 10:45 AM
Contents
Table of
TABLE OF CONTENTS

Ch. 1–14
Brokers
(Detailed)

Part I
Preface
Tables of Contents

Ch. 15–22
Part II
Deeds
PART I
REAL ESTATE BROKERS,

Mortgages
Ch. 23–35
AGREEMENTS AND SETTLEMENTS

Part III
CHAPTER 1
STATUTE OF FRAUDS

Insurance
Ch. 36–40
Part IV
33 P.S. §§ 1 & 2

Sec.
§ 1. Parol leases, etc.; estates in lands not to be assigned, etc., except by
writing
§ 2. Declarations of trusts and grants thereof to be in writing

Zoning, etc.
Ch. 41–48A
Part V
CHAPTER 2
REAL ESTATE LICENSING AND REGISTRATION ACT
63 P.S. § 455.101 to 63 P.S. § 455.902

Ch. 49–56
Taxation

Part VI
Sec.
§ 101. Short title
§ 201. Definitions
§ 202. State Real Estate Commission
§ 301. Unlawful to conduct business without license or registration certificate
§ 302. Civil suits
Litigation
Ch. 57–63
§ 303. Criminal penalties Part VII
§ 304. Exclusions
§ 305. Civil penalty
§ 401. Duty to issue licenses and registration certificates
§ 402. Approval of schools
§ 403. Authority to examine applicants
§ 404. Power to promulgate regulations
Ch. 64–67
Part VIII

§ 404a. Continuing education


L/T

§ 405. Repealed
§ 406. Administration and enforcement
§ 407. Fees
§ 408. Reports to legislative committees
§ 501. Reputation; inactive licensee; revoked license
Condos, etc.
Ch. 68–72

§ 511. Qualifications for license


Part IX

§ 512. Application for license


§ 513. Corporations, partnerships and associations
§ 521. Qualifications for license
§ 522. Application for license
§ 531. Qualifications for license
Index

xv

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TABLE OF CONTENTS—Brokers, Agreements
Chapter 2   Real Estate Licensing and Registration Act (cont.)
§ 532. Application for license
§ 533. Corporations, partnerships, associations or other entities
§ 541. Qualifications for license
§ 542. Application for license
§ 551. Qualifications for license
§ 552. Application for license
§ 561. Qualifications for license
§ 571. Application and fee for registration certificate
§ 581. Qualifications for license
§ 582. Application for license
§ 591. Qualifications for license
§ 592. Application for license
§ 601. Duty of brokers, cemetery brokers and rental listing referral agents to
maintain office
§ 602. Reciprocal licenses
§ 603. Employment of associate brokers, salesperson
§ 604. Prohibited acts
§ 605. Promotional land sales; approval
§ 606. Relationships between brokers and consumers of real estate services
§ 606a. Duties of licensee generally
§ 606b. Duties of seller’s agent
§ 606c. Duties of buyer’s broker
§ 606d. Duties of dual agent
§ 606e. Duties of designated agent
§ 606f. Duties of transaction licensee
§ 607. Deleted
§ 608. Information to be given at initial interview
§ 608a. Written agreement with broker
§ 608b. Mandatory provisions of sales contract
§ 608c. Comparative market analysis disclosure
§ 608d. Cemetery broker’s disclosure
§ 608e. Handling of deposits and other escrows
§ 608f. Broker price opinion
§ 609. Right to cancel purchase of time share and campground membership
§ 701. Hearings held by commission
§ 702. Imputed knowledge, limitations
§ 801. Establishment of the fund
§ 802. Funding of the fund
§ 803. Application for recovery from fund
§ 901. Repealed
§ 902. Effective date

CHAPTER 3
COMMERCIAL REAL ESTATE BROKER LIEN ACT
68 P.S. § 1051 to 68 P.S. § 1063

Sec.
§ 1051. Short title
§ 1052. Definitions
§ 1053. Right to lien
§ 1054. Excessive curtilage
§ 1055. Lien not allowed in certain cases
§ 1056. Attachment of lien
§ 1057. Notice of lien
§ 1058. Enforcement of lien
§ 1059. Priority
§ 1060. Escrow of disputed amounts
§ 1061. Waiver prohibited
§ 1062. Revival of judgment
§ 1063. Severability

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Contents
Table of
TABLE OF CONTENTS—PART I

CHAPTER 4
FEDERAL REAL ESTATE SETTLEMENT PROCEDURES

Ch. 1–14
Brokers

Part I
12 U.S.C. § 2601 et seq.

Sec.
§ 2601. Congressional findings and purpose
§ 2602. Definitions

Ch. 15–22
Part II
§ 2603. Uniform settlement statement

Deeds
§ 2604. Home buying information booklets
§ 2605. Servicing of mortgage loans and administration of escrow accounts
§ 2606. Exempted transactions
§ 2607. Prohibition against kickbacks and unearned fees
§ 2608. Title companies; liability of seller

Mortgages
§ 2609. Limitation on requirement of advance deposits in escrow accounts

Ch. 23–35
Part III
§ 2610. Prohibition of fees for preparation of truth-in-lending, uniform settlement,
and escrow account statements
§§ 2611 to Repealed. Pub.L. 104-208, Div. A, Title II, § 2103(h), Sept. 30, 1996, 110
  2613. Stat. 3009-401
§ 2614. Jurisdiction of courts; limitations
§ 2615. Contracts and liens; validity
§ 2616. State laws unaffected; inconsistent Federal and State provisions

Insurance
Ch. 36–40
§ 2617. Authority of Bureau

Part IV
CHAPTER 5

Zoning, etc.
Ch. 41–48A
RESIDENTIAL REAL ESTATE TRANSFERS LAW

Part V
68 Pa.C.S. § 7101 to 68 Pa.C.S. § 7103

Sec.
§ 7101. Short title of part
§ 7102. Definitions
§ 7103. Application of part

Ch. 49–56
Taxation

Part VI
CHAPTER 6
REAL ESTATE SELLER DISCLOSURE LAW
Litigation
Ch. 57–63
Part VII
68 Pa.C.S. § 7301 to 68 Pa.C.S. § 7315

Sec.
§ 7301. Short title of chapter
§ 7302. Application of chapter
§ 7303. Disclosure of material defects
Ch. 64–67
Part VIII

§ 7304. Disclosure form


§ 7305. Delivery of disclosure form
L/T

§ 7306. Information unavailable to seller


§ 7307. Information subsequently rendered inaccurate
§ 7308. Affirmative duty of seller
§ 7309. Nonliability of seller
Condos, etc.

§ 7310. Nonliability of agent


Ch. 68–72
Part IX

§ 7311. Failure to comply


§ 7312. Amendment of disclosure
§ 7313. Specification of items for disclosure no limitation on other disclosure
obligations
§ 7314. Cause of action
§ 7315. Preemption of local requirements
Index

xvii

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TABLE OF CONTENTS—Brokers, Agreements

CHAPTER 7
HOME INSPECTION LAW
68 Pa.C.S. § 7501 to 68 Pa.C.S. § 7513

Sec.
§ 7501. Short title of chapter
§ 7502. Definitions and index of definitions
§ 7503. Relationship to other laws
§ 7504. Duty of care of home inspectors
§ 7505. Consumer remedies
§ 7506. Required contractual provision regarding home inspections
§ 7507. Contracts with home inspectors
§ 7508. Home inspection reports
§ 7509. Liability insurance
§ 7510. Reliance by buyer
§ 7511. Penalties
§ 7512. Statute of limitations
§ 7513. Engineers and architects

CHAPTER 8
INSTALLMENT LAND CONTRACT LAW
68 P.S. § 901 to 68 P.S. § 911

Sec.
§ 1. Short title
§ 2. Findings and declaration of policy
§ 3. Definitions; application of act
§ 4. Notice to terminate contract upon purchaser’s default
§ 5. Seller’s remedies
§ 6. Action maintainable by defaulting purchaser
§ 7. Implied covenants of the seller
§ 8. Allocation of monthly payments
§ 9. Existing remedies of purchaser
§ 10. Incorporation into contracts
§ 11. Effective date

CHAPTER 9
NOTICE OF ZONING AND CODE VIOLATIONS
21 P.S. § 611 to 21 P.S. § 615

Sec.
§ 1. Legislative findings
§ 2. Definitions
§ 3. Certificates
§ 3.1. Agreements of sale
§ 4. Non-conforming uses
§ 5. Penalties

CHAPTER 10
NOTICE OF BULK SALES, REPORTS, TAXES
69 P.S. § 529

Sec.
§ 1. Notice of bulk sales, reports, taxes

xviii

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Contents
Table of
TABLE OF CONTENTS—PART II

CHAPTER 11
HAZARDOUS WASTE DISCLOSURE

Ch. 1–14
Brokers

Part I
35 P.S. § 6018.405

Sec.
§ 405. Conveyance of disposal site property

Ch. 15–22
Part II
CHAPTER 12

Deeds
UNAVAILABLE COMMUNITY SEWAGE DISCLOSURE
REQUIREMENT
35 P.S. § 750.7a

Mortgages
Ch. 23–35
Part III
Sec.
§ 7a. Land sale contracts

CHAPTER 13
MINES AND MINING REMOVAL OF SURFACE SUPPORT

Insurance
Ch. 36–40
52 P.S. § 1551 to 52 P.S. § 1554

Part IV
Sec.
§ 1. Instruments to contain notice that title to coal and right of coal and right of surface
support are not included
§ 2. Liability for failure to provide notice
§ 3. Act not subject to waiver

Zoning, etc.
Ch. 41–48A
§ 4. Prospective operation

Part V
CHAPTER 14
AIR SPACE
68 P.S. § 801 to 68 P.S. § 805

Ch. 49–56
Taxation

Part VI
Sec.
§ 1. Conveyance and transfer
§ 2. Real property rights and incidents; sovereignty of United States; aircraft rights
§ 3. Taxation
§ 4. Retroactive application of act
§ 5. Severable provisions
Litigation
Ch. 57–63
Part VII

PART II
DEEDS
Ch. 64–67
Part VIII
L/T

CHAPTER 15
TENANTS IN COMMON
Condos, etc.
Ch. 68–72
Part IX

68 P.S. § 101

Sec.
§ 101. Co-tenants not in possession may recover share of rental; procedure in case of
partition
Index

xix

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TABLE OF CONTENTS—Deeds

CHAPTER 16
JOINT TENANTS
68 P.S. § 110

Sec.
§ 1. Lands held by joint tenancy to descend as estates of tenants in common

CHAPTER 17
LAW OF DEEDS AND CONVEYANCES
21 P.S. § 1 to 21 P.S. § 602

Sec.
§ 1. Form of deed
§ 2. Words necessary to pass fee simple title
§ 3. Grantor’s entire estate and rights conveyed
§ 4. Words grant and convey import covenants of title and quiet enjoyment
§ 5. “Warrant generally” construed
§ 6. “Warrant specially” construed
§ 7. “Release and quitclaim” construed
§ 8. Force and effect of words “grant, bargain,” etc.
§ 9. Repealed
§ 10. Deeds effective without seal
§ 10.1. Uniform parcel identifier; conveyances, mortgages, releases, and other
instruments
§ 11. Repealed
§ 12. Repealed
§ 13. Conveyance of estate tail by deed of bargain and sale
§ 14. Repealed
§ 15. Title to party wall to pass with ground
§ 41. Deeds made out of the province are valid
§ 42. Deeds to be acknowledged before recording
§ 43. Proof of execution where grantor is dead or cannot appear
§ 44. Proof of deeds where grantor and witnesses are dead or cannot be found
§ 45. Proof of deeds without subscribing witnesses, where one or more of the parties
is dead
§ 46. Certificate of acknowledgment prima facie evidence thereof and of execution
§ 47. Certificate of acknowledgment of sheriff’s deed to be sufficient evidence
§ 48. Effect of prothonotary’s certificate on treasurer’s deed
§ 48a. Validating certain tax sales
§ 49. Validity of deeds made and acknowledged by husband and wife out of state
§ 50. Repealed
§ 51. Execution and acknowledgment of deed to adult’s real estate by minor spouse
§ 52. Repealed
§ 52.1 Repealed
§ 52.2 Repealed
§ 53. Conveyance by officer when decreed by court; acknowledgment in open court
§ 54. Punishment for contempt
§ 55. Notice to be given before order is made
§ 56. Application of act
§ 57. Repealed
§ 81. Form of certificate of acknowledgment
§ 82. Acknowledgments by married woman
§ 111. Corporate acknowledgments by appointed attorney; form of appointment
§ 112. Who may take such acknowledgment; form of certificate
§ 113. Corporate acknowledgments prior to May 11, 1901, validated
§ 114. Repealed
§ 115. Repealed
§ 116. Sale, lease or mortgage not to be invalidated by informality in execution
§ 141. President of court of common pleas

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Contents
Table of
TABLE OF CONTENTS—PART II
§ 142. Repealed
§ 143. Ward justices in boroughs
§ 144. Mayor, recorder, and aldermen of Pittsburgh

Ch. 1–14
Brokers

Part I
§ 145. Repealed
§ 146. Repealed
§ 147. Repealed
§ 148. Repealed
§ 149. Probate of deeds, etc., may be taken by the mayor and recorder of Philadelphia

Ch. 15–22
§ 150. Aldermen of Philadelphia county may take acknowledgment

Part II
Deeds
§ 151. Recorder of deeds
§ 152. Power of recorder of deeds as to acknowledgments enlarged
§ 153. Treasurers, commissioners, executors, etc., may acknowledge before any
authorized officer
§ 154. Repealed
§ 155. Repealed

Mortgages
Ch. 23–35
§ 156. Repealed

Part III
§ 181. Repealed
§ 182. Repealed
§ 183. Repealed
§ 184. Repealed
§ 185. Acknowledgments in territories of United States
§ 186. May be taken in the District of Columbia
§ 187. Acknowledgments in Cuba, and the island possessions, valid

Insurance
Ch. 36–40
Part IV
§ 188. The record of instruments so acknowledged previously, validated
§ 189. Pending actions not affected
§ 190. Proof of official character of person taking acknowledgment
§ 191. Repealed
§ 221. Repealed
§ 222. Ambassadors, public ministers, etc.

Zoning, etc.
§ 223. Deputy consuls and commercial agents, etc., of United States

Ch. 41–48A
§ 224. Acknowledgments taken before commissioners in chancery in foreign countries

Part V
§ 225. Acknowledgments by married women out of United States
§ 252. Deeds defective in form
§ 253. Repealed
§ 254. Deeds of husband and wife made prior to act of 1770
§ 255. Repealed
§ 256. Confirmation of title to real estate sold by trustees of married women

Ch. 49–56
Taxation

Part VI
§ 257. Repealed
§ 258. Repealed
§ 259. Defective acknowledgments by husband and wife prior to January 4, 1923
§ 260. Defective acknowledgments by wife prior to April 4, 1901
§ 261. Acknowledgments made in any of the United States by husband and wife
§ 262. Conveyances by trustees
§ 263. Deeds executed without the state, defectively acknowledged, but recorded thirty
Litigation
Ch. 57–63
Part VII
years
§ 264. Above act to apply only when possession has accompanied the title
§ 265. Deeds made in any other state
§ 266. Sales by executors under wills probated in other states alone
§ 267. Acknowledgments made before mayor or recorder of Philadelphia prior to
January 9, 1817
§ 268. Repealed
Ch. 64–67
Part VIII

§ 269. Deeds by county commissioners, which have not been acknowledged before a
L/T

justice
§ 269.1. Commissioners’ deed on resale of land purchased at tax sale
§ 270. Acknowledgments under private seals of aldermen
§ 271. Acknowledgments or probates without certification under seal
Condos, etc.

§ 272. Repealed
Ch. 68–72
Part IX

§ 273. Acts done by notaries, who were at the same time justices of the peace
§ 274. Sheriff’s sales in mortgage foreclosures under act of 1901; application of act
§ 274a. Sheriff’s sales when release of mortgage was not filed; validation
§ 274b. Sheriff’s sales without inquisition of bonds not containing waiver; validation
§ 275. Defective sheriffs’ deeds
§ 276. Validation of deeds defectively executed
Index

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TABLE OF CONTENTS—Deeds
Chapter 17   Law of Deeds and Conveyances (cont.)
§ 277. Validation of conveyances by corporations and partnerships
§ 277.1. Validation of defective acknowledgment by president of corporation
§ 277.2. Repealed
§ 278. Conveyances by executors or trustees under power of sale
§ 279. Correction of defective certificates by court
§ 280. Procedure by bill in equity
§ 281. Defective acknowledgments prior to 1931
§ 281.1. Defective acknowledgments prior to 2013
§ 282. Mortgage sales of realty by foreign fiduciaries validated; exception
§ 283. County treasurers’ deeds in tax sales validated notwithstanding defective
acknowledgment
§ 283.1. County treasurer’s deeds validated notwithstanding defective acknowledgment or
lack of acknowledgment in open court
§ 283.2. County treasurer’s deed validated; defective acknowledgment, etc.
§ 283.3. County treasurers deeds prior to December 31, 1965 validated; no proof of
service filed, etc.
§ 284. Instruments acknowledged by grantors before themselves validated
§ 285. Acknowledgments in form used prior to Uniform Acknowledgment Act validated;
admissibility in evidence; records
§ 286. Acknowledgments by persons in armed forces; validation; record; evidence
§ 287. Deed or transfer without certificate showing residence
§ 288. Cities of third class, deeds of
§ 289. Records of legal instruments having defective acknowledgments
§ 301. Sales made by attorneys or agents
§ 302. Future sales by power of attorney
§ 303. Deeds defectively executed under power of attorney
§ 304. Powers valid until notice of revocation
§ 321. Registration of deeds in counties with more than 500,000 inhabitants
§ 322. Deeds not to be recorded before registration
§ 323. Violation of act by recorder a misdemeanor; penalty
§ 324. Application of act limited
§ 325. Repealed
§ 325.1. Duty to accept deeds for recording; registration of unregistered deeds; fee
§§ 326 to Repealed
328.
§ 329. City of Philadelphia, maintenance of day book by commissioner of records
§ 330. City of Philadelphia, issuance of receipts by commissioner of records
§ 351. Failure to record conveyance
§ 352. Repealed
§ 353. Repealed
§ 354. Repealed
§ 355. Repealed
§ 356. Agreements concerning real property
§ 357. Constructive notice as result of recordation
§ 358. Conditions for constructive notice; uniform parcel identifier; indexing of document
§ 359. Liability for mistake in index
§ 421. Deeds available, whether recorded by grantor or grantee
§ 441. Deeds prior in date to March 18, 1775
§ 442. Deeds not so recorded, as evidence
§ 443. Unrecorded deeds void as against subsequent purchasers without notice
§ 444. All deeds made in the state to be acknowledged and recorded within ninety days
§ 445. Deeds proved out of state to be recorded within six months
§ 446. Certain deeds validated notwithstanding delay in recording
§ 451. Recording of affidavits; admissibility into evidence
§ 452. Contents of affidavit
§ 453. Requirements of affidavit; certification; index
§ 471. Deeds recorded to have the same effect as deeds of feoffment with livery and
seisin
§ 481. Court direction; process; originals preserved
§ 482. Expense
§§ 491 to Repealed
495.

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Contents
Table of
TABLE OF CONTENTS—PART II
§ 496. Act made perpetual
§ 497. Proceedings in case of lost or destroyed plan
§ 498. Appointment of examiner; report; new plan

Ch. 1–14
Brokers

Part I
§ 499. Costs; limitation of powers of examiner
§ 521. Sale of timber or bark by deed
§ 522. Deeds to be recorded; effect; evidence
§ 523. Deeds recorded within six months to be valid; vested interests not affected
§ 581. Title to lands supposed to be in Delaware and found to be in Pennsylvania;

Ch. 15–22
recording

Part II
Deeds
§ 582. Liens affecting such lands
§ 583. Titles acquired under legal proceedings in Delaware
§ 601. Validity
§ 602. Repealed

Mortgages
Ch. 23–35
Part III
CHAPTER 18
RECORDERS OF DEEDS
16 P.S. § 9701 to 16 P.S. § 9857

Sec.

Insurance
Ch. 36–40
Part IV
§ 9701. Offices established
§ 9702. Repealed
§ 9703. Repealed
§ 9704. Repealed
§ 9705. Record of transfers to be furnished township commissioners and supervisors on
request; fee

Zoning, etc.
§ 9706. Record of transfers to be furnished tax collectors on request; fee

Ch. 41–48A
§ 9731. Books of record; entries and receipts; fees not to be taken

Part V
§ 9732. Certificate of record to be indorsed on deed
§ 9751. Leases for less than 21 years need not be recorded
§ 9752. Receipts for taxes on unseated lands may be recorded
§ 9753. Duty of officers to make acknowledgment
§ 9754. Repealed
§ 9755. Recording of letters of attorney

Ch. 49–56
Taxation

Part VI
§ 9756. Recording certificates, etc., of bankruptcy
§ 9757. Duty of recorder of deeds; indexing
§ 9758. Fees
§ 9759. Final discharges of officers and persons in armed forces or women’s
organizations; certificates of service; reports of separation and similar forms
§ 9759.1. Final discharges of officers and persons in armed forces or women’s
organizations; confidentiality of records
Litigation
Ch. 57–63
Part VII
§ 9781. Certificate as to grantee’s residence; lists certified to board of revision of taxes
§ 9781.1. Uniform parcel identifier
§ 9782. Name, and address of mortgagee or assignee to be furnished to recorder
§ 9783. Recorder to certify same to county commissioners
§ 9784. Failure to certify; penalty
§ 9785. Application of act limited
§ 9801. Duty to rerecord
Ch. 64–67
Part VIII

§ 9802. Effect of new record


L/T

§ 9803. Cost of rerecording


§ 9851. Direct and ad sectum indexes; location of property
§ 9852. To index every deed and mortgage
§ 9853. Index to be notice
Condos, etc.

§ 9854. Costs of indexing


Ch. 68–72
Part IX

§ 9854.1. Uniform parcel identifiers, etc. to be entered in general indexes for deeds and for
mortgages
§ 9854.2. Indexes arranged by uniform parcel identifiers
§ 9855. Indexing tax deeds, sheriff’s deeds, etc., recorded in common pleas
§ 9856. Expense to be borne by county
§ 9857. Index as notice
Index

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TABLE OF CONTENTS—Deeds

CHAPTER 19
RECORDABLE DOCUMENTS AND
ELECTRONIC RECORDING
Chapter
19.1 Recordable Documents
   21 P.S. § 381 to § 410
19.2 Uniform Real Property Electronic Recording Act
   21 P.S. § 483.1 to § 483.9

CHAPTER 19.1
RECORDABLE DOCUMENTS
21 P.S. § 381 to § 410

Sec.
§ 381. Deeds, etc., duly executed and acknowledged out of the state, may be recorded
§ 382. Exemplification of deed to lands in two counties recorded in one county
§ 383. Deeds of county commissioners
§ 384. Letters of attorney, receipts, acquittances of legacies, etc.
§ 385. Patents and official deeds
§ 386. Releases of legacies and releases to executors, etc., duly acknowledged and
sealed
§ 387. Release of legacy, etc., made out of state, but charged on land within the state
§ 388. Release of legacy without subscribing witnesses
§ 389. Repealed
§ 390. Deeds and patents from commonwealth
§ 391. Releases, etc., executed by married woman alone may be recorded
§§ 392 to Repealed
398.
§ 399. Plan of subdivided tract; penalty for omission; recovery
§ 400. Record of minutes of corporate meeting
§ 401. Probate of minutes in case of dissolution of corporation
§ 402. Record and notation of judgments or decrees affecting deeds or instruments of
record; fee
§ 403. Wills probated outside state; exemplified copies
§ 404. Lease or sublease or agreement to lease or sublease
§ 405. Memorandum of lease, sublease or agreement
§ 406. Indexing of lease, sublease or agreement
§ 407. Effect of recording lease, sublease, agreement or memorandum
§ 408. Construction of act regarding lease, sublease or agreement
§ 409. Effect of recording memorandum of lease, sublease or agreement
§ 410. Application of act regarding lease, sublease or agreement

CHAPTER 19.2
UNIFORM REAL PROPERTY ELECTRONIC
RECORDING ACT
21 P.S. § 483.1 to § 483.9
§ 483.1. Short title
§ 483.2. Definitions
§ 483.3. Validity of electronic documents
§ 483.4. Recording of documents
§ 483.5. Commission
§ 483.6. Administration and standards

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Contents
Table of
TABLE OF CONTENTS—PART II
§ 483.7. Construction of act
§ 483.8. Relation to Electronic Signatures in Global and National Commerce Act
§ 483.9. Savings provision

Ch. 1–14
Brokers

Part I
CHAPTER 20

Ch. 15–22
Part II
REAL ESTATE REGISTRIES

Deeds
Chapter
20.1  Borough Code
   8 Pa.C.S. § 1202
20.2  Incorporated Towns

Mortgages
Ch. 23–35
   53 P.S. § 53601 to 53 P.S. § 53605

Part III
20.3   1st Class Townships
   53 P.S. § 56310 to 53 P.S. § 56315.
20.4   Second Class County Lot System and Registration of Property
   16 P.S. § 3701 to 16 P.S. § 3708
20.5   Uniform Municipal Deed Registration Act
   21 P.S. § 338.1 to 21 P.S. § 338.9

Insurance
Ch. 36–40
Part IV
CHAPTER 20.1
REGISTRIES: BOROUGH CODE
8 Pa.C.S. § 1202

Zoning, etc.
Ch. 41–48A
Part V
Sec.
§ 1202. Specific powers

CHAPTER 20.2

Ch. 49–56
Taxation

Part VI
REGISTRIES: INCORPORATED TOWNS
53 P.S. § 53601 to 53 P.S. § 53605

Sec.
§ 53601. Registration of deeds; duties of secretary
§ 53602. Access to public records
Litigation
Ch. 57–63
§ 53603. Preservation of books, maps, and plans Part VII
§ 53604. Owners and purchasers to register titles; penalty for failure
§ 53605. Registration of sheriffs’ deeds; duties of prothonotaries and recorders

CHAPTER 20.3
Ch. 64–67
Part VIII

REGISTRIES: FIRST CLASS TOWNSHIP CODE


L/T

53 P.S. § 56310 to 53 P.S. § 56315

Sec.
§ 56310. Provisions for registration of real estate
Condos, etc.

§ 56311. Preparation of books, plans and maps


Ch. 68–72
Part IX

§ 56312. Preservation of records


§ 56313. Certified copies of entries admissible as evidence
§ 56314. Duties imposed on owners of real estate when registry established; penalty
§ 56315. Registry of properties; duty of county officers
Index

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TABLE OF CONTENTS—Deeds
CHAPTER 20.4
SECOND CLASS COUNTY LOT SYSTEM AND
REGISTRATION OF PROPERTY
16 P.S. § 3701 to 16 P.S. § 3708

Sec.
§ 3701. County commissioners to establish
§ 3702. Systems which may be adopted
§ 3703. Cost and expense
§ 3704. Part of system transferred to deed registry office, part maintained in office of
controller
§ 3705. Putting system into effect
§ 3706. Petition to common pleas; determination; order
§ 3707. Effect of order; correction of assessments; recording instruments; tax bills; liens;
tax sales
§ 3708. Registration of ownership of property

CHAPTER 20.5
UNIFORM MUNICIPAL DEED REGISTRATION ACT
21 P.S. § 338.1 to 21 P.S. § 338.9

Sec.
§ 1. Short title
§ 2. Definitions
§ 3. Registration of deeds generally
§ 4. Registration of owner or agent
§ 5. Information access in lieu of registration
§ 6. Fee for registration
§ 7. Existing powers and duties preserved
§ 8. Inconsistent ordinance or resolution
§ 9. Repeals

CHAPTER 21
UNIFORM PARCEL IDENTIFIER LAW
21 P.S. § 331 to 21 P.S. § 337

Sec.
§ 1. Short title
§ 2. Definitions
§ 3. Ordinance requiring permanency of county maps
§ 4. Assigning uniform parcel identifiers
§ 5. Recording procedures
§ 6. Fees
§ 7. Home rule charter and optional plan counties

CHAPTER 22
UNIFORM ACKNOWLEDGMENT ACT
21 P.S. § 291.1 to 21 P.S. § 291.13

Sec.
§ 1 Acknowledgment of instruments
§ 2. Acknowledgment within the State
§ 3. Acknowledgment within the United States
§ 4. Acknowledgment without the United States
§ 5. Requisites of acknowledgment
§ 6. Acknowledgment by a married woman

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Contents
Table of
TABLE OF CONTENTS—PART III
§ 7. Forms of certificates
§ 8. Execution of certificate
§ 9. Authentication of acknowledgments

Ch. 1–14
Brokers

Part I
§ 10. Acknowledgments under laws of other states
§ 10a. Acknowledgment by persons serving in or with the armed forces of the United
States or their dependents within or without the United States
§ 11. Acknowledgments not affected by this Act
§ 12. Uniformity of interpretation

Ch. 15–22
§ 13. Name of Act

Part II
Deeds
PART III
MORTGAGES AND OTHER LIENS

Mortgages
Ch. 23–35
Part III
CHAPTER 23
LAW OF MORTGAGES GENERALLY

Insurance
Ch. 36–40
21 P.S. § 621 to 21 P.S. § 951

Part IV
Sec.
§ 621. Mortgages to be recorded within six months
§ 622. Priority according to date of recording
§ 623. Repealed
§ 623-1. Assignments to be in writing

Zoning, etc.
Ch. 41–48A
§ 623-2. Residence of assignee

Part V
§ 623-3. Duty of recorder
§ 623-4. Fee
§ 624. Assignments to be entered on margin of record of mortgage
§ 625. Certificate of residence of mortgagee or assignee
§ 626. Repealed
§ 627. Validation of mortgages made between January 1, 1776, and June 18, 1778

Ch. 49–56
Taxation
§ 628. Saving the rights of intermediate purchasers and encumbrancers

Part VI
§ 629. Stipulation of general mortgage provisions
§ 630. Short form mortgages
§ 631. Operation and effect of short form mortgage
§ 632. Recording of stipulations of general mortgage provisions
§ 633. Recording of short form mortgages
§ 651. Repealed
Litigation
Ch. 57–63
§ 652. Prior lien of taxes Part VII
§ 653. Entry of judgment not to affect lien of mortgage
§ 654. Agreement postponing lien of mortgage
§ 655. Grantee not to be liable for encumbrances
§ 656. Extent of personal liability
§ 731. Holders of mortgages may be required to assign the same in certain cases
§ 732. Assignment may be enforced by court
Ch. 64–67
Part VIII

§ 733. Assignment on tender of money due


§ 734. Failure or refusal to assign; court to enforce
L/T

§ 735. Compulsory assignment to mortgagor tendering payment after sale of land


§ 736. Petition if mortgagee refuses to assign; mortgagor discharged from liability on
bond
§ 737. Copy of decree recorded; mortgagee’s lien confined to mortgaged premises
Condos, etc.

§ 738. Prothonotary to note decree on judgment index; record and notation on margin of
Ch. 68–72
Part IX

mortgage
§ 761. Mortgagee may release part of mortgaged premises and proceed against remainder
§ 762. Receipts for instalments entered on record; penalty for neglect
§ 763. Credits entered on margin of record every three years
§ 764. Penalty for neglect to enter credits
§ 805. Recorders; release of mortgage noted on record; exception
§ 951. Defeasances; requisites
Index

xxvii

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TABLE OF CONTENTS—Mortgages

CHAPTER 24
LOAN INTEREST AND PROTECTION LAW
MAXIMUM INTEREST RATES: “ACT 6”
41 P.S. § 101 to 41 P.S. § 605

Sec.
§ 101. Definitions
§ 201. Maximum lawful interest rate
§ 202. Legal rate of interest
§ 301. Residential mortgage interest rates
§ 302. Federally guaranteed loans
§ 303. Commitments to enter into residential mortgages
§ 401. Disclosure requirements
§ 401.1. Photocopies of security documents
§ 402. Discount points prohibited
§ 403. Notice of intention to foreclose
§ 404. Right to cure a default
§ 405. Prepayment penalty prohibited
§ 406. Attorney’s fees payable
§ 407. Confession of judgment
§ 408. Waivers
§ 501. Excessive interest need not be paid
§ 502. Usury and excess charges recoverable
§ 503. Reasonable attorney’s fees recoverable
§ 504. Individual actions permitted
§ 505. Penalties
§ 506. Enforcement
§ 507. Effect on other acts
§ 601. Regulations
§ 602. Construction; title of purchaser
§ 603. Repeals
§ 604. Effect on inconsistent acts
§ 605. Effective date

CHAPTER 24A
VACANT AND ABANDONED REAL ESTATE
FORECLOSURE ACT
68 Pa.C.S. §§ 2301-2312

Subch.
A Vacant and Abandoned Property
B. Sheriff’s Commission and Creditor Attorney Fees

SUBCHAPTER A
VACANT AND ABANDONED PROPERTY
Sec.
2301. Short title of subchapter.
2302. Legislative findings and purpose.
2303. Definitions.
2304. Certification of vacant and abandoned mortgaged property.
2305. Requirements to certify mortgaged property as vacant and abandoned.
2306. Effect of certification of vacancy and abandonment.
2307. 
Post-sheriff’s sale possessory action, effect of certification of vacancy and
abandonment in action for possession and disposition of abandoned personal
property.
2308. Construction.

xxviii

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Contents
Table of
TABLE OF CONTENTS—PART III
SUBCHAPTER B
SHERIFF’S COMMISSION AND CREDITOR

Ch. 1–14
Brokers
ATTORNEY FEES

Part I
Sec.
2309. (Reserved).
2310. Sheriff’s commission.
2311. Limitation on creditor’s attorney fees.

Ch. 15–22
Part II
Deeds
2312. Applicability.

CHAPTER 25

Mortgages
Ch. 23–35
Part III
CONSUMER CREDIT COST DISCLOSURE
TRUTH IN LENDING ACT
15 U.S.C. § 1601 et seq.

Sec.
§ 1601. Congressional findings and declaration of purpose

Insurance
Ch. 36–40
§ 1602. Definitions and rules of construction

Part IV
§ 1603. Exempted transactions
§ 1604. Disclosure guidelines
§ 1605. Determination of finance charge
§ 1606. Determination of annual percentage rate
§ 1607. Administrative enforcement
§ 1608. Views of other agencies

Zoning, etc.
Ch. 41–48A
§ 1609. Repealed. Pub. L. 94-239, §3(b)(1), Mar. 23, 1976, 90 Stat. 253

Part V
§ 1610. Effect on other laws
§ 1611. Criminal liability for willful and knowing violation
§ 1612. Effect on government agencies
§ 1613. Annual reports to Congress by Bureau
§ 1614. Repealed. Pub. L. 96-221, title VI, §616(b), Mar. 31, 1980, 94 Stat. 182
§ 1615. Prohibition on use of “Rule of 78’s” in connection with mortgage refinancings

Ch. 49–56
Taxation
and other consumer loans

Part VI
§ 1616. Board review of consumer credit plans and regulations
§ 1631. Disclosure requirements
§ 1632. Form of disclosure; additional information
§ 1633. Exemption for State-regulated transactions
§ 1634. Effect of subsequent occurrence
§ 1635. Right of rescission as to certain transactions
Litigation
Ch. 57–63
§ 1636. Repealed. Pub. L. 96-221, title VI, §614(e)(1), Mar. 31, 1980, 94 Stat. 180 Part VII
§ 1637. Open end consumer credit plans
§ 1637a. Disclosure requirements for open end consumer credit plans secured by
consumer’s principal dwelling
§ 1638. Transactions other than under an open end credit plan
§ 1638a. Reset of hybrid adjustable rate mortgages
§ 1639. Requirements for certain mortgages
Ch. 64–67
Part VIII

§ 1639a. Duty of servicers of residential mortgages


§ 1639b. Residential mortgage loan origination
L/T

§ 1639c. Minimum standards for residential mortgage loans


§ 1639d. Escrow or impound accounts relating to certain consumer credit transactions
§ 1639e. Appraisal independence requirements
§ 1639f. Requirements for prompt crediting of home loan payments
Condos, etc.

§ 1639g. Requests for payoff amounts of home loan


Ch. 68–72
Part IX

§ 1639h. Property appraisal requirements


§ 1640. Civil liability
§ 1641. Liability of assignees
§ 1642. Issuance of credit cards
§ 1643. Liability of holder of credit card
§ 1644. Fraudulent use of credit cards; penalties
Index

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TABLE OF CONTENTS—Mortgages
Chapter 25   Consumer Credit Cost Disclosure Truth in Lending Act (cont.)
§ 1645. Business credit cards; limits on liability of employees
§ 1646. Dissemination of annual percentage rates; implementation, etc.
§ 1647. Home equity plans
§ 1648. Reverse mortgages
§ 1649. Certain limitations on liability
§ 1650. Preventing unfair and deceptive private educational lending practices and
eliminating conflicts of interest
§ 1651. Procedure for timely settlement of estates of decedent obligors
§ 1661. Catalogs and multiple-page advertisements
§ 1662. Advertising of downpayments and installments
§ 1663. Advertising of open end credit plans
§ 1664. Advertising of credit other than open end plans
§ 1665. Nonliability of advertising media
§ 1665a. Use of annual percentage rate in oral disclosures; exceptions
§ 1665b. Advertising of open end consumer credit plans secured by consumer’s
principal dwelling
§ 1665c. Interest rate reduction on open end consumer credit plans
§ 1665d. Reasonable penalty fees on open end consumer credit plans
§ 1665e. Consideration of ability to repay
§ 1666. Correction of billing errors
§ 1666a. Regulation of credit reports
§ 1666b. Timing of payments
§ 1666c. Prompt and fair crediting of payments
§ 1666d. Treatment of credit balances
§ 1666e. Notification of credit card issuer by seller of return of goods, etc., by obligor;
credit for account of obligor
§ 1666f. Inducements to cardholders by sellers of cash discounts for payments by cash,
check or similar means; finance charge for sales transactions involving cash
discounts
§ 1666g. Tie-in services prohibited for issuance of credit card
§ 1666h. Offset of cardholder’s indebtedness by issuer of credit card with funds
deposited with issuer by cardholder; remedies of creditors under State law not
affected
§ 1666i. Assertion by cardholder against card issuer of claims and defenses arising out
of credit card transaction; prerequisites; limitation on amount of claims or
defenses
§ 1666i-1. Limits on interest rate, fee, and finance charge increases applicable to
outstanding balances
§ 1666i-2. Additional limits on interest rate increases
§ 1666j. Applicability of State laws
§ 1667. Definitions
§ 1667a. Consumer lease disclosures
§ 1667b. Lessee’s liability on expiration or termination of lease
§ 1667c. Consumer lease advertising; liability of advertising media
§ 1667d. Civil liability of lessors
§ 1667e. Applicability of State laws; exemptions by Bureau from leasing requirements
§ 1667f. Regulations

CHAPTER 26
HOUSING FINANCE AND SETTLEMENT ASSISTANCE
Chapter
26.1   Housing Finance Agency Law
   35 P.S. § 1680.101 to § 603a
26.2   Homeowner Assistance Settlement Act
   35 P.S. § 1681.1 to § 1681.7

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Contents
Table of
TABLE OF CONTENTS—PART III
CHAPTER 26.1
HOUSING FINANCE AGENCY LAW

Ch. 1–14
Brokers

Part I
35 P.S. § 1680.101 to 35 P.S. § 1680.603a

Sec.
§ 101. Short title
§ 102. Findings and declaration of policy
§ 102a. Further declaration of policy

Ch. 15–22
Part II
Deeds
§ 103. Definitions
§ 104. Constitutional construction
§ 201. Agency creation
§ 202. Agency membership
§ 203. Agency governing body
§ 204. Repealed

Mortgages
Ch. 23–35
§ 205. Agency powers

Part III
§ 206. Agency moneys
§ 207. Agency audits and reports
§ 208. Housing studies
§§ 301 to Repealed
311.
§ 301a. Housing purchase program
§§ 401 to Repealed

Insurance
Ch. 36–40
Part IV
412.
§ 401a. Rental housing program
§ 402a. Mortgage loans
§ 403a. Rental charges
§ 404a. Tenants
§ 401b. General statement

Zoning, etc.
§ 402b. Allocation of loans

Ch. 41–48A
§ 401c. General authority

Part V
§ 402c. Notice and institution of foreclosure proceedings
§ 403c. Notice requirements
§ 404c. Eligibility for assistance
§ 405c. Assistance payments
§ 406c. Repayment

Ch. 49–56
§ 407c. Financial institutions

Taxation

Part VI
§ 408c. Homeowner’s emergency mortgage assistance fund
§ 409c. Insufficient funds
§ 410c [Repealed]
§ 411c [Repealed]
§ 412c. Ongoing foreclosure study
§ 401d. Definitions
Litigation
Ch. 57–63
§ 402d. Establishment Part VII
§ 403d. Program
§ 404d. Plan
§ 405d. Reporting
§ 406d. Fund
§ 407d. Funding
§§ 501 to Repealed
Ch. 64–67
Part VIII

515.
§ 501a. Issuance of bonds and notes
L/T

§ 501a.1. Qualified housing bonds


§ 502a. Credit of Commonwealth or any subdivision thereof not pledged
§ 503a. Funds and accounts
§ 504a. Reserve funds and appropriations
Condos, etc.

§ 505a. Trust agreement


Ch. 68–72
Part IX

§ 506a. Bonds and notes tax exempt


§ 507a. Notes and bonds as legal investments
§ 508a. Covenant by Commonwealth not to limit or alter powers vested in agency
§§ 601 to Repealed
603.
§ 601a. Liberal construction
Index

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TABLE OF CONTENTS—Mortgages
§ 602a. Fraud penalty
§ 603a. Effective date; proclamation

CHAPTER 26.2
HOMEOWNER ASSISTANCE SETTLEMENT ACT
35 P.S. § 1681.1 to § 1681.7

Sec.
§ 1681.1.Short title
§ 1681.2.Definitions
§ 1681.3.Homeowner Assistance Settlement Fund
§ 1681.4.Initial allocation
§ 1681.5.
Effect of noncompliance with notice requirements in the Homeowner’s Emergency
Mortgage Assistance Program
§ 1681.6. Severability
§ 1681.7. Applicability

CHAPTER 27
MORTGAGE LOAN INDUSTRY LICENSING
AND CONSUMER PROTECTION
7 Pa.C.S. §§ 6101–6154

Subch.
A. Preliminary Provisions
B. License Requirements and Exceptions
C. Mortgage Loan Business Restrictions and Requirements
D. Administrative and Licensure Provisions
E. Miscellaneous Provisions

SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
§ 6101. Scope and short title.
§ 6102. Definitions.

SUBCHAPTER B
LICENSE REQUIREMENTS AND EXCEPTIONS
Sec.
§ 6111. License requirements.
§ 6112. Exceptions to license requirements.

SUBCHAPTER C
MORTGAGE LOAN BUSINESS RESTRICTIONS
AND REQUIREMENTS
Sec.
§ 6121. General requirements.
§ 6122. Powers conferred on certain licensees engaged in the mortgage loan business.
§ 6123. Mortgage loan business prohibitions.
§ 6124. Prohibited clauses in mortgage loan documents.
§ 6125. Mortgage lending authority.
§ 6126. Requirements as to open-end loans

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Contents
Table of
TABLE OF CONTENTS—PART III
SUBCHAPTER D
ADMINISTRATIVE AND LICENSURE PROVISIONS

Ch. 1–14
Brokers

Part I
Sec.
6131. Application for license.
6131.1. Prelicensing and continuing education.
6132. License fees.
6133. Issuance of license.

Ch. 15–22
6134. License duration.

Part II
Deeds
6135. Licensee requirements.
6136. Licensee limitations.
6137. Surrender of license.
6138. Authority of department.
6139. Suspension, revocation or refusal.
6140. Penalties.

Mortgages
Ch. 23–35
Part III
6141. Mortgage servicers.

SUBCHAPTER E
MISCELLANEOUS PROVISIONS
Sec.

Insurance
Ch. 36–40
6151. Applicability.

Part IV
6152. Relationship to other laws.
6153. Preservation of existing contracts.
6154. Procedure for determination of noncompliance with Federal law (Repealed).

CHAPTER 27A

Zoning, etc.
Ch. 41–48A
Part V
PRIVATE TRANSFER FEE OBLIGATION ACT
68 Pa.C.S. §§ 8101–8107

Sec.
§ 8101. Short title of chapter
§ 8102. Intent

Ch. 49–56
Taxation

Part VI
§ 8103. Definitions
§ 8104. Prohibition
§ 8105. Liability for violation
§ 8106. Disclosure
§ 8107. Notice requirements for existing private transfer fee obligations
Litigation
Ch. 57–63
CHAPTER 28 Part VII

MORTGAGE BANKERS AND BROKERS AND CONSUMER


EQUITY PROTECTION ACT
63 P.S. § 456.101 to 63 P.S. § 456.3101
Ch. 64–67
Part VIII

Sec.
§ 101. Short title
L/T

§ 102. Definitions
§ 301–318 Repealed [See Chapter 27, supra]
§ 501. Scope
§ 502. Legislative findings
Condos, etc.

§ 503. Definitions
Ch. 68–72
Part IX

§ 504. Relationship to other laws


§ 511. Limitations on covered loan terms
§ 512. Restricted acts and practices
§ 513. Additional requirements
§ 521. Enforcement
§ 522. Civil liability
§ 523. Information sharing
Index

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TABLE OF CONTENTS—Mortgages
§ 524. Regulations
§ 3101. Effective date

CHAPTER 29
MORTGAGE SATISFACTION

Chapter
29.1  Satisfaction Generally
   21 P.S. § 681 to 21 P.S. § 705
29.2   First Class City Mortgage Satisfaction
   21 P.S. § 711 to 21 P.S. § 717
29.3   Second to Eighth Class County Mortgage Satisfaction
   21 P.S. § 720-1 to 21 P.S. § 720-9
29.4   Mortgage Satisfaction Act
   21 P.S. § 721-1 to 21 P.S. § 721-12

CHAPTER 29.1
SATISFACTION GENERALLY
21 P.S. § 681 to 21 P.S. § 705

Sec.
§ 681. Satisfaction of mortgage on margin of record or by satisfaction piece
§ 682. Fine for neglect
§ 683. Repealed
§ 684. Repealed
§ 685. Satisfaction of mortgage by prothonotary or recorder
§ 686. Repealed
§ 687. Repealed
§ 688. Satisfaction in case of presumption of payment from lapse of time
§§ 689 to Repealed
699.
§ 700. Satisfaction of mortgages to commonwealth
§ 700.1. Presumption of release of mortgages held by commonwealth; satisfaction
§ 701. Power of attorney to recorder of deeds to enter satisfaction
§ 702. Validation of previous satisfactions
§ 703. Repealed
§ 704. Reserved
§ 705. Notice requirement

CHAPTER 29.2
FIRST CLASS CITY MORTGAGE SATISFACTION
21 P.S. § 711 to 21 P.S. § 717

Sec.
§ 1. Definitions
§ 2. Satisfaction piece; recording; execution; effect
§ 3. Contents of satisfaction piece
§ 4. Indexing of satisfaction piece
§ 5. Satisfaction by order or decree
§ 6. Fee
§ 7. Form of satisfaction piece

CHAPTER 29.3
SECOND TO EIGHTH CLASS COUNTY
MORTGAGE SATISFACTION
21 P.S. § 720-1 to 21 P.S. § 720-9

Sec.
§ 1. Definitions

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Contents
Table of
TABLE OF CONTENTS—PART III
§ 2. Satisfaction piece, effect of recording
§ 3. Satisfaction piece, contents, execution, acknowledgment, mortgage accompanying
§ 4. Form of satisfaction piece

Ch. 1–14
Brokers

Part I
§ 5. Recording; indexing; reference on mortgage record
§ 6. Mistakes, liability
§ 7. Other statutes or rule of civil procedure
§ 8. Fee for recording
§ 9. Prior written satisfactions

Ch. 15–22
Part II
Deeds
CHAPTER 29.4
MORTGAGE SATISFACTION ACT
21 P.S. § 721-1 to 21 P.S. § 721-12

Sec.

Mortgages
Ch. 23–35
Part III
§ 1. Short title
§ 2. Definitions
§ 3. Satisfactions, methods and indexing
§ 4. Satisfaction piece required and effect of satisfaction piece
§ 5. Form of satisfaction piece
§ 6. Notice to satisfy; damages for failure to satisfy
§ 7. Residential mortgages; settlement officer satisfaction

Insurance
Ch. 36–40
§ 8. Residential mortgages; objection to settlement officer satisfaction

Part IV
§ 9. Other rules or laws not affected
§ 10. Prior instruments
§ 11. Repeals
§ 12. Applicability

Zoning, etc.
Ch. 41–48A
Part V
CHAPTER 30
RESIDENTIAL REAL ESTATE TRANSACTIONS
10 Pennsylvania Code Chapter 7

Ch. 49–56
Taxation

Part VI
4 Pa.B. 509

Sec.
7.1. Scope.
7.2. Definitions and rules of construction.
7.3. Determination of loan yield.
7.4. Notice of intention to foreclose mortgage.
Litigation
Ch. 57–63
7.5. Commitments to enter into residential mortgages. Part VII
7.6. [Reserved].
7.7. [Reserved].
7.8. Prepayment penalty prohibited.
7.9. Disclosure requirements—statement of policy.
Ch. 64–67
Part VIII
L/T

CHAPTER 31
MORTGAGE BANKERS AND BROKERS AND CONSUMER
EQUITY PROTECTION
Condos, etc.
Ch. 68–72
Part IX

CONTINUING EDUCATION
10 Pennsylvania Code Chapter 44
32 Pa.B. 1180; 40 Pa.B. 2940

Sec.
§ 44.1–44.5.  
[Reserved].
Index

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TABLE OF CONTENTS—Mortgages

CHAPTER 32
REAL ESTATE APPRAISERS
Chapter
32.1   Real Estate Appraisers Certification Act
   63 P.S. §§ 457.1 to 457.19
32.2 Appraisal Management Company Registration Act
   63 P.S. §§ 457.21–457.31

CHAPTER 32.1
REAL ESTATE APPRAISERS CERTIFICATION ACT
63 P.S. § 457.1 to 63 P.S. § 457.19

Sec.
§ 1. Short title
§ 2. Definitions
§ 3. Real estate appraiser certification required
§ 4. State Board of Certified Real Estate Appraisers
§ 5. Powers and duties of board
§ 6. Application and qualifications
§ 7. Reciprocity
§ 8. Temporary practice
§ 9. Fees
§ 10. Certification renewal; records
§ 11. Disciplinary and corrective measures
§ 12. Reinstatement of certificate
§ 13. Reporting of multiple certification
§ 14. Surrender of suspended or revoked certificate
§ 15. Penalties
§ 16. Subpoenas
§ 17. Injunctive relief
§ 18. Scope of practice
§ 19. Appropriation

CHAPTER 32.2
APPRAISAL MANAGEMENT COMPANY
REGISTRATION ACT
63 P.S. §§ 457.21 – 457.31
§ 1. Short title
§ 2. Definitions
§ 3. Registration of appraisal management companies required
§ 4. Powers of board
§ 5. Requirements for registration
§ 6. Fees and renewals
§ 7. Responsibilities and duties of appraisal management companies
§ 8. Prohibited activities
§ 9. Registry of applicants and roster
§ 10. Disciplinary measures
§ 11. Application

CHAPTER 33
PRIORITY OF LIENS
42 P.S. § 8141 to 42 P.S. § 8144

Sec.
§ 8141. Time from which liens have priority
§ 8142. Endorsement of time

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Contents
Table of
TABLE OF CONTENTS—PART III
§ 8143. Open-end mortgages
§ 8144. Mortgages to secure certain advances

Ch. 1–14
Brokers

Part I
CHAPTER 34

Ch. 15–22
Part II
Deeds
MECHANICS’ LIEN LAW OF 1963
49 P.S. § 1101 to 49 P.S. § 1902

Sec.
§ 101. Short title
§ 201. Definitions

Mortgages
Ch. 23–35
Part III
§ 301. Right to lien; amount; subcontractor
§ 302. Presumption as to use of materials
§ 303. Lien not allowed in certain cases
§ 304. Excessive curtilage
§ 305. Right to lien in case of noncompletion of work
§ 306. Consolidation or apportionment of claims

Insurance
§ 307. Removal or detachment of improvement subject to claim

Ch. 36–40
Part IV
§ 401. Waiver of lien by claimant
§ 402. Waiver by contractor; effect on subcontractor
§ 403. Release as waiver
§ 404. Effect of credit or collateral
§ 405. Right of owner to limit claims to unpaid balance of contract price
§ 406. Right of subcontractor to rescind after notice of contract provisions

Zoning, etc.
Ch. 41–48A
§ 407. Contracts not made in good faith; effect

Part V
§ 501. Notices by subcontractor as condition precedent
§ 501.1. State construction notices directory
§ 501.2. Failure to file notice of furnishing
§ 501.3. Notice of commencement and notice of furnishing
§ 501.4. Notice of completion for informational purposes only

Ch. 49–56
Taxation

Part VI
§ 501.5. Notice
§ 501.6. Prohibition
§ 502. Filing and notice of filing of claim
§ 503. Contents of claim
§ 504. Amendment of claim
§ 505. Procedure for contesting claim; preliminary objections
Litigation
Ch. 57–63
§ 506. Rule to file claim Part VII
§ 507. Indexing claims, et cetera
§ 508. Priority of lien
§ 509. Effect of forfeiture of leasehold
§ 510. Discharge of lien on payment into court or entry of security
§ 601. Owner’s right to retain funds of contractor
§ 602. Notice to contractor of claim
Ch. 64–67
Part VIII

§ 603. Contractor’s duties on receipt of notice


L/T

§ 604. Additional remedies of owner


§ 701. Procedure to obtain judgment
§ 702. Effect of judgment on right to personal action
§ 703. Appeal from judgment
Condos, etc.
Ch. 68–72

§ 704. Satisfaction of claims; penalty for failure to satisfy


Part IX

§ 705. Revival of judgment


§ 706. Execution upon judgment
§ 801. Severability
§ 802. Effective date
§ 901. Specific repeal
§ 902. General repeal
Index

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TABLE OF CONTENTS—Hazard, Title, & Mortgage Insurance

CHAPTER 35
CONTRACTOR AND SUBCONTRACTOR
PAYMENT ACT
73 P.S. § 501 to 73 P.S. § 516

Sec.
§ 1. Short title
§ 2. Definitions
§ 3. Application of act
§ 4. Performance by contractor or subcontractor
§ 5. Owner’s payment obligations
§ 6. Owner’s withholding of payment for good faith claims
§ 7. Contractor’s and subcontractor’s payment obligations
§ 8. Errors in documentation
§ 9. Retainage
§ 10. Prepayment; advance payment
§ 11. Contractor’s withholding of payment for good faith claims
§ 12. Penalty and attorney fee
§ 13. Contracts involving Federal aid
§ 14. Applicable law
§ 15. Applicability
§ 16. Third party claims

PART IV
HAZARD, TITLE, & MORTGAGE
INSURANCE

CHAPTER 36
TITLE INSURANCE COMPANIES
40 P.S. § 910-1 to 40 P.S. § 910-55

Sec.
§ 701. Definitions
§ 702. Application of article
§ 703. Compliance with article required
§ 704. Corporate form required
§ 705. Financial requirements
§ 706. Procedure when capital impaired
§ 707. Title examination required
§ 708. Power to insure titles to real estate
§ 709. Prohibition upon guaranteeing mortgages
§ 710. Power to insure titles to real estate; loss of power
§ 711. Power to accept deposits; loss of title insurance powers
§ 712. Power to act as a fiduciary; loss of title insurance powers
§ 713. Power of title insurance company. Prohibition against transacting other kinds of
insurance; prohibition against other kinds of insurance companies transacting title
insurance
§ 714. Unearned premium reserve
§ 715. Amount of unearned premium reserve; release thereof
§ 716. Investment and maintenance of the unearned premium reserve
§ 717. Use of the unearned premium reserve
§ 718. Reserve for unpaid losses and loss expense
§ 719. Primary retained liability

xxxviii

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Contents
Table of
TABLE OF CONTENTS—PART IV
§ 720. Power to reinsure
§ 721. Special reinsurance
§ 722. Licensure

Ch. 1–14
Brokers

Part I
§ 723. Repealed
§ 724. Agents; defined
§ 724.1. Additional requirements
§ 724.2. Financial responsibility
§ 725. Agents; names to be certified to commissioner

Ch. 15–22
§ 726. Agents; to be certified and appointed

Part II
Deeds
§ 726.1. Other requirements
§ 727. Agents; books, records, etc.
§ 728. Agents; replies to inquiries by Commissioner
§ 729. Agents; certain names prohibited
§ 730. Repealed
§ 731. Commissions; other considerations prohibited

Mortgages
Ch. 23–35
Part III
§ 732. Capital
§ 733. Surplus
§ 734. Unearned premium reserve
§ 735. Other reserves
§ 736. Investments acquired before effective date
§ 737. Rate filing
§ 738. Justification for rates

Insurance
Ch. 36–40
§ 739. Making of rates

Part IV
§ 739.1. Conditions
§ 739.2. Division of fees
§ 740. Disapproval of filings
§ 741. Rating organizations
§ 742. Deviations
§ 743. Appeal by minority

Zoning, etc.
Ch. 41–48A
§ 744. Information to be furnished insureds; hearings and appeals of insureds

Part V
§ 745. Examinations of rating organizations
§ 746. Rate administration; authority and duties of Commissioners; rules and
regulations
§ 747. False or misleading information
§ 748. Penalties
§ 749. Hearing procedure and judicial review

Ch. 49–56
Taxation

Part VI
§ 750. Existing filings and hearings, continued
§ 751. Repealed
§ 752. Repealed
§ 753. Repealed
§ 754. Other sections applicable
§ 755. Investment plan
Litigation
Ch. 57–63
Part VII

CHAPTER 37
NOTICE REQUIREMENTS OF PROPERTY
AND CASUALTY INSURERS
Ch. 64–67
Part VIII

40 P.S. § 3401 to 40 P.S. § 3409


L/T

Sec.
§ 1. Notice of increase in premium
§ 2. Grounds for cancellation
§ 3. Notice requirements for midterm cancellations and nonrenewals
Condos, etc.

§ 4. Return of unearned premium


Ch. 68–72
Part IX

§ 5. Extended reporting endorsement


§ 6. Compliance
§ 7. Applicability
§ 8. Penalties
§ 9. Rulemaking authority
Index

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TABLE OF CONTENTS—Hazard, Title, & Mortgage Insurance

CHAPTER 38
INSURANCE ADJUSTERS
63 P.S. §§ 1601 to 1608

Sec.
§ 1. Definitions
§ 2. License
§ 2.1. Application for public adjuster license
§ 2.2. Licensing
§ 2.3. Issuance and term of license
§ 2.4. License renewals
§ 2.5. Reciprocal licensing
§ 3. Reserved
§ 3.1. Written disclosure of financial interest
§ 4. Bond
§ 5. Contract
§ 6. Revocation, etc., of license
§ 7. Violations
§ 7.1. Civil remedy
§ 8. Administration and enforcement

CHAPTER 39
THE PENNSYLVANIA FAIR PLAN ACT
40 P.S. § 1600.101 to 40 P.S. § 1600.502

Sec.
§ 101. Short title
§ 102. Purposes
§ 103. Definitions
§ 201. Industry placement facility
§ 202. Fair plan
§ 203. Distribution of risks
§ 204. Uninsurable risks
§ 205. Rules; regulations
§ 206. Annual and other statements
§ 207. Privileged communications
§ 208. Appeals; judicial review
§ 301. Formation of authority
§ 302. Governing body; administration
§ 303. Powers of authority
§ 304. Civil Disorder Authority Fund
§ 305. Reimbursement payments to Federal reinsurance facility; necessity for claim by
Federal reinsurance facility; limitation on amount of payments
§ 306. Bonds of authority
§ 307. Remedies of bondholders
§ 401. Basic property insurance assessment
§ 402. Payment to Pennsylvania Civil Disorder Authority
§ 403. Reports and statements
§ 404. Effective date
§ 405. Termination of assessment
§ 501. Constitutionality
§ 502. Effective date

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Contents
Table of
TABLE OF CONTENTS—PART V

CHAPTER 40
MORTGAGE PROPERTY INSURANCE COVERAGE ACT

Ch. 1–14
Brokers

Part I
7 P.S. §§ 6701–6703

Sec.
§ 1. Short title
§ 2. Definitions

Ch. 15–22
Part II
§ 3. Restriction

Deeds
PART V
ZONING, PLANNING, AND

Mortgages
Ch. 23–35
Part III
GOVERNMENT REGULATION

CHAPTER 41

Insurance
Ch. 36–40
Part IV
MUNICIPALITIES PLANNING CODE
53 P.S. § 10101 to 53 P.S. § 11202

Sec.
§ 10101. Short title
§ 10102. Effective date

Zoning, etc.
Ch. 41–48A
§ 10103. Construction of act

Part V
§ 10104. Constitutional construction
§ 10105. Purpose of act
§ 10106. Appropriations, grants and gifts
§ 10107. Definitions
§ 10108. Optional notice of ordinance or decision
§ 10109. Notice

Ch. 49–56
§ 10201. Creation of planning agencies

Taxation

Part VI
§ 10202. Planning commission
§ 10203. Appointment, term and vacancy
§ 10204. Repealed
§ 10205. Membership
§ 10206. Removal
§ 10207. Conduct of business
Litigation

§ 10208. Planning department director


Ch. 57–63
Part VII
§ 10209. Repealed
§ 10209.1. Powers and duties of planning agency
§ 10210. Administrative and technical assistance
§ 10211. Assistance
§ 10212. Intergovernmental cooperation
§ 10301. Preparation of comprehensive plan
Ch. 64–67
Part VIII

§ 10301.1. Energy conservation plan element


§ 10301.2. Surveys by planning agency
L/T

§ 10301.3. Submission of plan to county planning agency


§ 10301.4. Compliance by counties
§ 10301.5. Funding of municipal planning
§ 10302. Adoption of Municipal, Multimunicipal and County Comprehensive Plans and
Condos, etc.

Plan Amendments
Ch. 68–72
Part IX

§ 10303. Legal status of comprehensive plan within the jurisdiction that adopted
the plan
§ 10304. Legal status of county comprehensive plans within municipalities
§ 10305. The legal status of comprehensive plans within school districts
§ 10306. Municipal and county comprehensive plans
Index

xli

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TABLE OF CONTENTS—Zoning, Planning and Regulation
Chapter 41   Municipalities Planning Code (cont.)
§ 10307. State Land Use and Growth Management Report
§ 10401. Grant of power
§ 10402. Adoption of the official map and amendments thereto
§ 10403. Effect of approved plats on official map
§ 10404. Effect of official map on mapped streets, watercourses and public grounds
§ 10405. Buildings in mapped streets, watercourses or other public grounds
§ 10406. Time limitations on reservations for future taking
§ 10407. Release of damage claims or compensation
§ 10408. Notice to other municipalities
§ 10501. Grant of power
§ 10502. Jurisdiction of county planning agencies; adoption by reference of county
subdivision and land development ordinances
§ 10502.1. Contiguous municipalities
§ 10503. Contents of subdivision and land development ordinance
§ 10503.1. Water supply
§ 10504. Enactment of subdivision and land development ordinance
§ 10505. Enactment of subdivision and land development ordinance amendment
§ 10506. Publication, advertisement and availability of ordinance
§ 10507. Effect of subdivision and land development ordinance
§ 10508. Approval of plats
§ 10508.1. Notice to School District.
§ 10509. Completion of improvements or guarantee thereof prerequisite to final plat
approval
§ 10510. Release from improvement bond
§ 10511. Remedies to effect completion of improvements
§ 10512. Repealed
§ 10512.1. Modifications
§ 10513. Recording plats and deeds
§ 10514. Effect of plat approval on official map
§ 10515. Repealed
§ 10515.1. Preventive remedies
§ 10515.2. Jurisdiction
§ 10515.3. Enforcement remedies
§ 10516. Repealed
§ 10501-A. Purposes
§ 10502-A. Definitions
§ 10503-A. Grant of power
§ 10504-A. Transportation capital improvements plan
§ 10505-A. Establishment and administration of impact fees
§ 10506-A. Appeals
§ 10507-A. Prerequisites for assessing sewer and water tap-in fees
§ 10508-A. Joint Municipal Impact Fee Ordinance
§ 10601. General powers
§ 10602. County powers
§ 10602.1. County review; dispute resolution
§ 10603. Ordinance provisions
§ 10603.1. Interpretation of ordinance provisions
§ 10604. Zoning purposes
§ 10605. Classifications
§ 10606. Statement of community development objectives
§ 10607. Preparation of proposed zoning ordinance
§ 10608. Enactment of zoning ordinance
§ 10608.1. Municipal authorities and water companies
§ 10609. Enactment of zoning ordinance amendments
§ 10609.1. Procedure for landowner curative amendments
§ 10609.2. Procedure upon municipal curative amendments
§ 10610. Publication, advertisement and availability of ordinances
§ 10611. Repealed
§ 10612. Repealed
§ 10613. Registration of nonconforming uses, structures and lots
§ 10614. Appointment and powers of zoning officer
§ 10615. Zoning appeals
§ 10616. Repealed
§ 10616.1. Enforcement notice

xlii

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Contents
Table of
TABLE OF CONTENTS—PART V
§ 10617. Causes of action
§ 10617.1. Jurisdiction
§ 10617.2. Enforcement remedies

Ch. 1–14
Brokers

Part I
§ 10617.3. Finances and expenditures
§ 10618. Repealed
§ 10619. Exemptions
§ 10619.1. Transferable development rights
§ 10619.2. Effect of comprehensive plans and zoning ordinances

Ch. 15–22
§ 10620. Repealed

Part II
Deeds
§ 10621. Prohibiting the location of methadone treatment facilities in certain locations
§ 10701. Purposes
§ 10702. Grant of power
§ 10702.1. Transferable development rights
§ 10703. Applicability of comprehensive plan and statement of community
development objectives

Mortgages
Ch. 23–35
§ 10704. Jurisdiction of county planning agencies

Part III
§ 10705. Standards and conditions for planned residential development
§ 10706. Enforcement and modification of provisions of the plan
§ 10707. Application for tentative approval of planned residential development
§ 10708. Public hearings
§ 10709. The findings
§ 10710. Status of plan after tentative approval
§ 10711. Application for final approval

Insurance
Ch. 36–40
Part IV
§ 10712. Repealed
§ 10712.1. Jurisdiction
§ 10712.2. Enforcement remedies
§ 10713. Compliance by municipalities
§ 10701-A. Purposes and objectives
§ 10702-A. Grant of power

Zoning, etc.
§ 10703-A. Transferable development rights

Ch. 41–48A
§ 10704-A. Applicability of comprehensive plan and statement of community

Part V
development objectives
§ 10705-A. Forms of traditional neighborhood development
§ 10706-A. Standards and conditions for traditional neighborhood development
§ 10707-A. Sketch Plan Presentation
§ 10708-A. Manual of written and graphic design guidelines
§ 10708.1-A. Subdivision and land development ordinance provisions applicable to

Ch. 49–56
Taxation

Part VI
traditional neighborhood development
§ 10709-A. Applicability of article to agriculture
§ 10801. Repealed
§ 10802. Repealed
§ 10801-A. General powers
§ 10802-A. Relation to county and municipal zoning
§ 10803-A. Ordinance provisions
Litigation
Ch. 57–63
Part VII
§ 10804-A. Zoning purposes
§ 10805-A. Classifications
§ 10806-A. Statement of community development objectives
§ 10807-A. Preparation of proposed zoning ordinance
§ 10808-A. Enactment of zoning ordinance
§ 10809-A. Enactment of zoning ordinance amendments
§ 10810-A. Procedure for curative amendments
Ch. 64–67
Part VIII

§ 10811-A. Area of jurisdiction for challenges


L/T

§ 10812-A. Procedure for joint municipal curative amendments


§ 10813-A. Publication, advertisement and availability of ordinances
§ 10814-A. Registration of nonconforming uses
§ 10815-A. Administration
Condos, etc.

§ 10816-A. Zoning appeals


Ch. 68–72
Part IX

§ 10817-A. Enforcement penalties


§ 10818-A. Enforcement remedies
§ 10819-A. Finances
§ 10820-A. Exemptions
§ 10821-A. Existing bodies
§ 10901. General provisions
§ 10902. Repealed
Index

xliii

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TABLE OF CONTENTS—Zoning, Planning and Regulation
§ 10903. Membership of board
§ 10904. Joint zoning hearing boards
§ 10905. Removal of members
§ 10906. Organization of board
§ 10907. Expenditures for services
§ 10908. Hearings
§ 10908.1. Mediation option
§ 10909. Repealed
§ 10909.1. Jurisdiction
§ 10910. Repealed
§ 10910.1. Applicability of judicial remedies
§ 10910.2. Zoning hearing board’s functions; variances
§ 10911. Repealed
§ 10912. Repealed
§ 10912.1. Zoning hearing board’s functions; special exception
§ 10913. Repealed
§ 10913.1. Repealed
§ 10913.2. Governing body’s functions; conditional uses
§ 10913.3. Parties appellant before the board
§ 10914. Repealed
§ 10914.1. Time limitations
§ 10915. Repealed
§ 10915.1. Stay of proceedings
§ 10916. Repealed
§ 10916.1. Validity of ordinance; substantive questions
§ 10916.2. Procedure to obtain preliminary opinion
§ 10917. Applicability of ordinance amendments
§ 10918. Special applicability provisions
§ 11001. Repealed
§ 11002. Repealed
§ 11003 to Repealed
11011.
§ 11012. Repealed
§ 11001-A. Land use appeals
§ 11002-A. Jurisdiction and venue on appeal; time for appeal
§ 11003-A. Appeals to court; commencement; stay of proceedings
§ 11004-A. Intervention
§ 11005-A. Hearing and argument of land use appeal
§ 11006-A. Judicial relief
§ 11101. Purposes
§ 11102. Intergovernmental cooperative planning and implementation agreements
§ 11103. County or multimunicipal comprehensive plans
§ 11104. Implementation agreements
§ 11105. Legal effect
§ 11106. Specific plans
§ 11107. Saving clause
§ 1101-A. Definitions.
§ 1102-A. Notification requirement.
§ 1103-A. Review by wastewater system officials.
§ 1104-A. Applicability.
§ 11201. Specific repeals
§ 11202. General repeal

CHAPTER 41.1
DEVELOPMENT PERMIT EXTENSION ACT
53 P.S. § 11703.1 et seq.

Sec.
§ 11703.1. Short title
§ 11703.2. Definitions
§ 11703.3. Existing approval

xliv

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Contents
Table of
TABLE OF CONTENTS—PART V
§ 11703.4. Subsequent changes
§ 11703.5. Agency verification
§ 11703.6. Applicability

Ch. 1–14
Brokers

Part I
§ 11703.7. Notice
§ 11703.8. Miscellaneous

CHAPTER 42

Ch. 15–22
Part II
Deeds
EMINENT DOMAIN CODE
26 Pa.C.S. § 1-101 et seq.

Sec.
§ 101. Short title of title.

Mortgages
Ch. 23–35
§ 102. Application of title.

Part III
§ 103. Definitions.
§ 201. Short title of chapter.
§ 202. Definitions.
§ 203. Applicability.
§ 204. Eminent domain for private business prohibited.
§ 205. Blight.

Insurance
§ 206. Extraterritorial takings.

Ch. 36–40
Part IV
§ 207. Eminent domain of agricultural property (Reserved).
§ 207. Eminent domain of land subject to conservation easement.
§ 302. Declaration of taking.
§ 303. Security required.
§ 304. Recording notice of condemnation.
§ 305. Notice to condemnee.

Zoning, etc.
§ 306. Preliminary objections.

Ch. 41–48A
§ 307. Possession, right of entry and payment of compensation.

Part V
§ 308. Revocation of condemnation proceedings.
§ 309. Right to enter property prior to condemnation.
§ 310. Abandonment of project.
§ 501. Agreement as to damages.
§ 502. Petition for appointment of viewers.
§ 503. View.

Ch. 49–56
Taxation

Part VI
§ 504. Appointment of viewers.
§ 505. Service of notice of view and hearing.
§ 506. Additional condemnees, mortgagees and intervention.
§ 507. Joint claims.
§ 508. Appointment of trustee or guardian ad litem.
§ 509. Furnishing of plans to viewers.
§ 510. Powers of viewers.
Litigation
Ch. 57–63
Part VII
§ 511. Administrative matters for viewers’ hearings.
§ 512. Report of viewers.
§ 513. Disagreement.
§ 514. Filing of report of viewers.
§ 515. Reports.
§ 516. Right of appeal.
Ch. 64–67

§ 517. Appeals.
Part VIII

§ 518. Disposition of appeal.


L/T

§ 519. Allocation of damages.


§ 520. Waiver of viewers’ proceedings and termination by stipulation.
§ 521. Liens and distribution of damages.
§ 522. Payment into court and distribution.
Condos, etc.

§ 701. Just compensation; other damages.


Ch. 68–72
Part IX

§ 702. Measure of damages.


§ 703. Fair market value.
§ 704. Effect of imminence of condemnation.
§ 705. Contiguous tracts and unity of use.
§ 706. Effect of condemnation use on after value.
§ 707. Removal of machinery, equipment or fixtures.
§ 708. Expenses incidental to transfer of title.
Index

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TABLE OF CONTENTS—Zoning, Planning and Regulation
§ 709. Condemnee’s costs where no declaration of taking filed.
§ 710. Limited reimbursement of appraisal, attorney and engineering fees.
§ 711. Payment on account of increased mortgage costs.
§ 712. Loss of rentals because of imminence of condemnation.
§ 713. Delay compensation.
§ 714. Consequential damages.
§ 715. Damages for vacation of roads.
§ 716. Attempted avoidance of monetary just compensation.
§ 901. Definitions.
§ 902. Moving and related expenses of displaced persons.
§ 903. Replacement housing for homeowners.
§ 904. Replacement housing for tenants and others.
§ 905. Housing replacement authorization.
§ 906. Regulations.
§ 907. Payments not to be considered as income or resources.
§ 1101. Viewers’ hearing.
§ 1102. Condemnor’s evidence before viewers.
§ 1103. Trial in court on appeal.
§ 1104. Competency of condemnee as witness.
§ 1105. Evidence generally.
§ 1106. Use of condemned property.

CHAPTER 43
MUNICIPAL CODE AND ORDINANCE COMPLIANCE
68 P.S. § 1081 to 68 P.S. § 1083

Sec.
§ 1. Short title
§ 2. Definitions
§ 3. Compliance requirement

CHAPTER 44
CRIMES AND OFFENSES

Chapter
44.1   Secondary Mortgage Loans
   7 P.S. §§ 6622
44.2   Recorders of Deeds
   16 P.S. § 9784
44.3   Destruction of Survey Monuments
   18 Pa.C.S. § 3312
44.4   Destruction or Concealment of Recordable Instruments
   18 Pa.C.S. § 4103
44.5   Deeds and Conveyances
   21 P.S. §§ 53, 54, 613, & 615
44.6  Manufactured Housing
   35 P.S. § 1656.9
44.7   Housing Finance Agency
   35 P.S. § 1680.602a
44.8   Maximum Interest Rates: “Act 6”
   41 P.S. § 505
44.9   Human Relations Act
   43 P.S. § 961
44.10   Real Estate Licensing and Registration Act
   63 P.S. § 455.303
44.11  Insurance Adjusters
   63 P.S. § 1607

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Contents
Table of
TABLE OF CONTENTS—PART V
44.12   Mortgage Bankers and Brokers and Consumer Equity Protection Act
   63 P.S. § 456.314
44.13   Real Estate Appraisers Certification Act

Ch. 1–14
Brokers

Part I
   63 P.S. § 457.15
44.14   Home Inspection Law
   68 Pa.C.S. § 7511
44.15   Pennsylvania Realty Transfer Tax
   72 P.S. § 8110-C

Ch. 15–22
44.16   Unlicensed Mortgage Loan Business

Part II
Deeds
   18 P.S. § 7331
44.17  Nuisances
   68 P.S. § 473
44.18   Consumer Cost Disclosure
   15 U.S.C. § 1611
44.19   Impersonating a Notary Public or a Holder of a Professional

Mortgages
Ch. 23–35
Occupations License

Part III
   18 Pa.C.S. § 4913
44.20   Failure to Comply with a Code Requirement
   53 Pa.C.S. § 6115

CHAPTER 44.1

Insurance
Ch. 36–40
Part IV
SECONDARY MORTGAGE LOANS
7 P.S. § 6622

Sec.
§ 6622. Penalties

Zoning, etc.
CHAPTER 44.2

Ch. 41–48A
Part V
RECORDERS OF DEEDS
16 P.S. § 9784

Sec.
§ 9784. Failure to certify; penalty

Ch. 49–56
Taxation

Part VI
CHAPTER 44.3
DESTRUCTION OF SURVEY MONUMENTS
18 Pa.C.S. § 3312

Sec.
§ 3312. Destruction of survey monuments
Litigation
Ch. 57–63
Part VII

CHAPTER 44.4
RECORDABLE INSTRUMENTS
18 Pa.C.S. § 4103
Ch. 64–67
Part VIII

Sec.
L/T

§ 4103. Fraudulent destruction, removal or concealment of recordable instruments

CHAPTER 44.5
DEEDS AND CONVEYANCES
Condos, etc.
Ch. 68–72
Part IX

21 P.S. §§ 53, 54, 613, & 615

Sec.
§ 53. Conveyance by officer when decreed by court; acknowledgment in open court
§ 54. Punishment for contempt
§ 613. Certificates
§ 615. Penalties
Index

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TABLE OF CONTENTS—Zoning, Planning and Regulation
CHAPTER 44.6
MANUFACTURED HOUSING CONSTRUCTION AND SAFETY
STANDARDS AUTHORIZATION ACT
35 P.S. § 1656.9

Sec.
§ 1656.9.  Penalties

CHAPTER 44.7
HOUSING FINANCE AGENCY LAW
35 P.S. § 1680.602a

Sec.
§ 1680.602a.  Fraud penalty

CHAPTER 44.8
MAXIMUM INTEREST RATES: “ACT 6”
41 P.S. § 505

Sec.
§ 505.  Penalties

CHAPTER 44.9
PENNSYLVANIA HUMAN RELATIONS ACT
43 P.S. § 961

Sec.
§ 961.  Penalties

CHAPTER 44.10
REAL ESTATE LICENSING AND REGISTRATION ACT
63 P.S. § 455.303

Sec.
§ 303.  Criminal penalties

CHAPTER 44.11
INSURANCE ADJUSTERS
63 P.S. § 1607

Sec.
§ 7.  Violations

CHAPTER 44.12
MORTGAGE BANKERS AND BROKERS AND CONSUMER
EQUITY PROTECTION ACT
63 P.S. § 456.314

Sec.
§ 314.  Penalties

CHAPTER 44.13
REAL ESTATE APPRAISERS CERTIFICATION ACT
63 P.S. § 457.15

Sec.
§ 457.15.  Penalties

xlviii

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Contents
Table of
TABLE OF CONTENTS—PART V
CHAPTER 44.14
HOME INSPECTION LAW

Ch. 1–14
Brokers

Part I
68 Pa.C.S. § 7511

Sec.
§ 7511.  
Penalties

Ch. 15–22
Part II
Deeds
CHAPTER 44.15
STATE REALTY TRANSFER TAX
72 P.S. § 8110-C

Sec.

Mortgages
§ 8110-C.  Unlawful acts; penalty

Ch. 23–35
Part III
CHAPTER 44.16
UNLICENSED MORTGAGE LOAN BUSINESS
18 P.S. § 7331

Insurance
Ch. 36–40
Sec.

Part IV
§ 7331.  Unlicensed mortgage loan business

CHAPTER 44.17
NUISANCES

Zoning, etc.
Ch. 41–48A
68 P.S. § 473

Part V
Sec.
§ 7. Violation of act

CHAPTER 44.18

Ch. 49–56
Taxation

Part VI
CONSUMER CREDIT COST DISCLOSURE
15 U.S.C. § 1611

Sec.
§ 1611. Criminal liability for willful and knowing violation
Litigation
Ch. 57–63
Part VII

CHAPTER 44.19
IMPERSONATING A NOTARY PUBLIC OR A HOLDER OF A
PROFESSIONAL OR OCCUPATIONAL LICENSE
18 Pa.C.S. § 4913
Ch. 64–67
Part VIII
L/T

Sec.
§ 4913. Impersonating a notary public or a holder of a professional or occupational
license
Condos, etc.
Ch. 68–72

CHAPTER 44.20
Part IX

FAILURE TO COMPLY WITH A CODE REQUIREMENT


53 Pa.C.S. § 6115

Sec.
§ 6115. Failure to comply with a code requirement
Index

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TABLE OF CONTENTS—Zoning, Planning and Regulation

CHAPTER 45
DIVORCE AND DOMESTIC VIOLENCE
PROPERTY RIGHTS
23 Pa.C.S. § 3503 to 23 Pa.C.S. § 3508
28 Pa.C.S. § 4361 to 23 Pa.C.S. § 4365

Sec.
§ 3503. Effect of divorce on property rights generally
§ 3504. Disposition of property after termination of marriage
§ 3505. Disposition of property to defeat obligations
§ 3506. Statement of reasons for distribution
§ 3507. Division of entireties property between divorced persons
§ 3508. Conveyance of entireties property to divorced spouse
§ 4361. Execution of support order against entireties property
§ 4362. Plaintiff’s share of proceeds of sale
§ 4363. Trustee to distribute proceeds of sale
§ 4364. Credit to plaintiff who purchases property
§ 4365. Rights of divorced person in entireties property sold for support

CHAPTER 46
NUISANCES AND RECREATIONAL USE OF LAND
Chapter
46.1  Nuisances
   68 P.S. § 467 to 68 P.S. § 473
46.2   Recreational Use of Land
   68 P.S. § 477-1 to 68 P.S. § 477-8

CHAPTER 46.1
NUISANCES
68 P.S. § 467 to 68 P.S. § 473

Sec.
§ 1. Building used for fornication, etc., as nuisance
§ 2. Knowledge of unlawful use by owner
§ 3. Action to enjoin nuisance
§ 4. Abatement of nuisance
§ 5. Repealed
§ 6. Violation of injunction; contempt
§ 7. Violation of act

CHAPTER 46.2
RECREATIONAL USE OF LAND
68 P.S. § 477-1 to 68 P.S. § 477-8.

Sec.
§ 1. Purpose; liability
§ 2. Definitions
§ 3. Duty to keep premises safe; warning
§ 4. Assurance of safe premises; duty of care; responsibility, liability
§ 5. Land leased to State or subdivision
§ 6. Liability not limited
§ 7. Construction of act
§ 8. Repealer

gtb-parealestate22-all.indb 50 12/22/21 10:45 AM


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And as she was thus borne to the Temple, there was a woman
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the Broadway mansion,—Eleanor watching while her father slept.
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She kissed him gently on the brow, and crept noiselessly to her own
room, and soon was asleep, the image of Randolph prominent in her
dreams.
Poor Eleanor!
Leaving Randolph, his sister, and those connected with their fate,
our history now turns to other characters.
Let us enter the house of the merchant prince.
CHAPTER XI.

IN THE HOUSE OF THE MERCHANT PRINCE.

It was near eleven o'clock, on the night of December 23d, 1844,


when Evelyn Somers, Sen., sitting in his library by the light of the
shaded candle, was startled by the ringing of the bell.
"The front door-bell!" he ejaculated, looking up from his labors, until
the candle shone full upon his thin features and low forehead. "Can
it be Evelyn? Oh! I forgot. He returned only this evening. One of the
servants, I suppose—been out late—must look to this in the
morning."
He resumed his pen, and again, surrounded by title-deeds and
mortgages, bent down to his labors.
So deeply was he absorbed that he did not hear the opening of the
front door, followed by a footstep in the hall. Nor did he hear the
stealthy opening of the door of the library; much less did he see the
burly figure which advanced on tiptoe to his table.
"Be calm!" said a gruff voice, and a hand was laid on his shoulder.
"Hey! What? Who,—who—are—you?" The merchant prince started in
his chair, and beheld a burly form enveloped in a bear-skin overcoat
and full-moon face, spotted with carbuncles.
"Be calm!" said the owner of the face, in a hoarse voice. "There's no
occasion to alarm yourself. These things will happen."
The merchant prince was thoroughly amazed.
Opening his small eyes, half concealed by heavy lids, to their fullest
extent, he cried: "What do you mean? Who are you?—I don't know
you? What—what—"
"I'm Blossom, I am," returned the full-moon face, "Lay low! Keep
dark! I'm Blossom, one of the secret police. Lay low!"
"My God! Is Evelyn in another scrape?" ejaculated the merchant
prince; "I will pay for no more of his misdeeds. There's no use of
talking about it. I'll not go his bail, if he rots in the Tombs. I'll—" Mr.
Somers doggedly folded his arms, and sat bolt upright in his chair.
With his contracted features, spare form and formal white cravat, he
looked the very picture of an unrelenting father.
"Come, hoss, there's no use of that."
"Hoss! Do you apply such words to me," indignantly echoed the
merchant prince.
"Be calm," soothingly remarked Blossom. "Lay low. Keep dark. Jist
answer me one question: Has your son Evelyn a soot o' rooms in the
upper part o' this house?"
"What do you ask such a question for?" and Mr. Somers opened his
eyes again. "He has all the rooms on the third floor, in the body of
the mansion—there are four in all."
"Very good. Now, is Evelyn at home?" asked Blossom.
"Don't come so near. The smell of brandy is offensive to me. Faugh!"
"You'll smell brimstone, if you don't take keer!" exclaimed the
indignant Blossom. "To think o' sich ingratitude from an old cock like
you, when I've come to keep that throat o' yourn from bein' cut by
robbers."
"Robbers!" and this time Mr. Somers fairly started from his seat.
"When I've come to purtect your jugular,—yes, you needn't wink,—
your jugular! Oh, it was not for nothing that a Roman consul once
remarked that republics is ungrateful."
"Robbers? Robbers! What d'ye mean? Speak—speak—"
Blossom laid his hand upon the merchant's shoulder.
"If you'll promise to keep a secret, and not make a fuss. I'll tell you
all. If you go for raisin' a hellabaloo, I'll walk out and leave your
jugular to take care of itself."
"I promise, I promise," ejaculated the merchant.
"Then, while you are sittin' in that ere identical chair, there's two
crackmen—burglars, you know,—hid up-stairs in your son's room.
They're a-waitin' until you put out the lights, and go to sleep, and
then,—your cash-box and jugulars the word?—Why, I wouldn't
insure your throat for all your fortin."
The merchant prince was seized with a fit of trembling.
"Robbers! in my house! Astounding, a-s-t-o-u-n-d-i-n-g! How did
they get in?"
"By your son's night-key, and the front door. You see I was arter
these crackmen to-night, and found 'em in a garret of the Yaller
Mug. You never patronize the Yaller Mug, do you?"
Mr. Somers nodded "No," with a spasmodic shake of the head.
"Jist afore I pitched into 'em, I listened outside of the garret door,
and overheard their plot to conceal themselves in Evelyn's room,
until you'd all gone to bed, and then commence operations on your
cash-box and jugular. One o' 'em's a convict o' eleven years' standin'.
He's been regularly initiated into all the honors of Auburn and Cherry
Hill."
"And you arrested them?"
"Do you see this coverlet about my head? That's what I got for
attemptin' it. They escaped from the garret, by getting upon the
roof, and jumpin' down on a shed. If my calculations are correct,
they're up-stairs jist now, preparin' for their campaign on your cash-
box and jugular."—
"Cash-box! I have no cash-box. My cash is all in bank!"
"Gammon. It won't do. Behind yer seat is yer iron safe,—one o' th'
Salamanders; you're got ten thousand in gold, in that."
Mr. Somers changed color.
"They intend to blow up the lock with powder, after they'd fixed your
jugular."
Mr. Somers clasped his hands, and shook like a leaf.
"What's to be done, what's to be done!" he cried in perfect agony.
"There's six o' my fellows outside. I've got a special warrant from the
authorities. Now, if you've a key to Evelyn's rooms, we'll just go up-
stairs and search 'em. You can stand outside, while we go in. But no
noise,—no fuss you know."
"But they'll murder you," cried the merchant, "they'll murder me.
They'll,"—
Blossom drew a six-barreled revolver from one pocket, and a slung-
shot from the other.
"This is my settler," he elevated his revolver, "and this, my gentle
persuader," he brandished the slung-shot.
"Oh!" cried Mr. Somers, "property is no longer respected,—ah! what
times we've fallen in!"
"How many folks have you in the house?"
"The servants sleep in the fourth story, over Evelyn's room. The
housekeeper sleeps under Evelyn's room, and my room and the
room of my private secretary are just above where I am sitting."
"Good. Now take the candle, and come," responded Blossom, "we
want you as a witness."
The merchant prince made many signs of hesitation,—winking his
heavy lids, rubbing his low forehead with both hands, and pressing
his pointed chin between his thumb and forefinger,—but Blossom
seized the candle, and made toward the door.
"You are not going to leave me in the dark?" cried Mr. Somers,
bounding from his chair.
"Not if you follow the light," responded Blossom; "by-the-by, you
may as well bring the keys to Evelyn's room."
With a trembling hand, Mr. Somers lifted a huge bunch of keys from
the table.
"There, open all the rooms on the second and fourth floors," he said,
and followed Blossom into the hall.
There, shoulder to shoulder, stood six stout figures, in glazed caps
and great coats of rough, dark-colored cloth, with a mace or a pistol
protruding from every pocket. They stood as silent as blocks of
stone.
"Boys," whispered Blossom, "we'll go up first. You follow and station
yerselves on the second landin', so as to be ready when I whistle."
A murmur of assent was heard, and Blossom, light in hand, led the
merchant prince toward the stairway which led upward from the
center of the hall. At the foot of the stairway, they were confronted
by a servant-maid, who had answered the bell when Blossom first
rang: her red, round cheeks were pale as ashes, and she clung to
the railing of the staircase for support.
"Och, murther!" she ejaculated, as she beheld the red face of
Blossom, and the frightened visage of her master.
Blossom seized her arm with a tight grip.
"Look here, Biddy, do you know how to sleep?" was the inquiry of
the rubicund gentleman.
"Slape?" echoed the girl, with eyes like saucers.
"'Cause if you don't go back into the kitchen, and put yourself into a
sound sleep d'rectly; yourself, your master and me, will all be
murdered in our beds. It 'ud hurt my feelin's, Biddy, to see you with
your throat cut, and sich a nice fat throat as it is!"
Biddy uttered a groan, and shrunk back behind the stairway.
"Now then!" and Blossom led the way up-stairs, followed by the
lean, angular form of the merchant prince, who turned his head over
his shoulder, like a man afraid of ghosts.
They arrived at the small entry at the head of the stairs, on the third
floor; three doors opened into the entry; one on the right, one on
the left, and the third directly in the background, facing the head of
the stairs.
"Hush!" whispered Blossom, "do you hear any noise?"
Advancing on tip-toe, he crouched against the door on the right, and
listened. In an instant he came back to the head of the stairs, where
stood Mr. Somers, shaking in every nerve.
"It's a snore," said Blossom, "jist go and listen, and see if it's your
son's snore."
It required much persuasion to induce the merchant prince to take
the step.
"Where are your men?"
Blossom pointed over the merchant's shoulder, to the landing
beneath. There, in the gloom, stood the six figures, shoulder to
shoulder, and as motionless as stone.
"Now will you go?"
Mr. Somers advanced, and placed his head against the door on the
right. After a brief pause, he returned to the head of the stairs
where Blossom stood. "It is not my son's snore," he said, "that is, if I
am any judge of snores."
Blossom took the light and the keys, and advanced to the door on
the right, which he gently tried to open, but found it locked. Making
a gesture of caution to the merchant prince, he selected the key of
the door from the bunch, softly inserted it, and as softly turned it in
the lock. The door opened with a sound. Then stepping on tip-toe,
he crossed the threshold, taking the light with him.
Mr. Somers, left alone in the dark, felt his heart march to his throat.
"I shall be murdered,—I know I shall," he muttered, when the light
shone on his frightened face again. Blossom stood in the doorway,
beckoning to him.
Somers advanced and crossed the threshold.
"Look there," whispered Blossom "now d'ye believe me?"
A huge man, dressed in the jacket and trowsers of a convict, was
sleeping on the bed, his head thrown back, his mouth wide open,
and one arm hanging over the bedside. His chest heaved with long,
deep respirations, and his nostrils emitted a snore of frightful depth.
At this confirmation of the truth of Blossom's statement, Mr. Somers'
face became as white as his cravat.
"Look there!" whispered Blossom, pointing to a pistol which lay upon
the carpet, almost within reach of the brawny hand which hung over
the bed-side.
"Good God! ejaculated Somers.
"Now look there!" Blossom pointed to the brandy bottle on the table,
and held the light near it. "Empty! d'ye see?"
Then Blossom drew from his capacious pocket, certain pieces of
rope, each of which was attached to the middle of a piece of hickory,
as hard as iron.
"Hold the light," and like a nurse attending to a sleeping babe, the
ingenious Blossom gently attached one of the aforesaid pieces of
rope to the ankles of the sleeper, in such a manner, that the two
pieces of hickory,—one at either end of the rope,—formed a knot,
which a giant would have found it hard to break. As the ankles
rested side by side, this feat was not so difficult.
"Now for the wrists," and Blossom quietly regarded the position of
the sleeper's hands. One was doubled on his huge chest, the other
hung over the bedside. To straighten one arm and lift the other,—to
do this gently and without awaking the sleeper,—to tie both wrists
together as he had tied the ankles,—this was a difficult task, but
Blossom accomplished it. Once the convict moved. "Don't give it up
so easy!" he muttered and snored again.
Blossom surveyed him with great satisfaction.—"There's muscle, and
bone, and fists,—did you ever see sich fists!"
"A perfect brute!" ejaculated Somers.
"Now you stay here, while I go into the next room, and hunt for the
tother one."
This room, it will be remembered, communicated with an adjoining
apartment by folding-doors. Blossom took the candle and listened;
all was silent beyond the folding-doors. He carefully opened these
doors, and light in hand, went into the next apartment. A belt of
light came through the aperture, and fell upon the tall, spare form of
the merchant prince, who, standing in the center of the first
apartment gazed through the aperture just mentioned, into the
second room. All the movements of Blossom were open to his gaze.
He saw him approach a bed, whose ruffled coverlet indicated that a
man was sleeping there. He saw him bend over this bed, but the
burly form of the police-officer hid the face of the sleeper from the
sight of the merchant prince. He saw him lift the coverlet, and stand
for a moment, as if gazing upon the sleeping man, and then saw
him start abruptly from the bed, and turn his step toward the first
room.
"What's the matter with you," cried the merchant prince, "are you
frightened?"
Truth to tell, the full-moon face of Blossom, spotted with carbuncles,
had somewhat changed its color.
"Can't you speak? It's Evelyn who's sleeping yonder,—isn't it? Hadn't
you better wake him quietly?"
"Ah my feller," and the broken voice of Blossom, showed that he was
human after all—all that he had seen in his lifetime,—"Ah my feller,
he'll never wake again."
Somers uttered a cry, seized the light and strode madly into the next
room, and turned the bed where the sleeper laid. The fallen jaw, the
fixed eyeballs, the hand upon the chest, stained with the blood
which flowed from the wound near the heart—he saw it all, and
uttered a horrible cry, and fell like a dead man upon the floor.
Blossom seized the light from his hand as he fell, and turning back
into the first room blew his whistle. The room was presently
occupied by the six assistants.
"There's been murder done here to-night," he said, gruffly: "Potts,
examine that pistol near the bed. Unloaded, is it? Gentlemen, take a
look at the prisoner and then follow me."
He led the way into the second room, and they all beheld the dead
body of Evelyn Somers.
"Two of you carry the old man down stairs and try and rewive him;"
two of the assistants lifted the insensible form of the merchant
prince, and bore it from the room. "Now, gentlemen, we'll wake the
prisoner."
He approached the sleeping convict, followed by four of the
policemen, whose faces manifested unmingled horror. He struck the
sleeping man on the shoulder,—"Wake up Gallus. Wake up Gallus, I
say!"
After another blow, Ninety-One unclosed his eyes, and looked
around with a vague and stupefied stare. It was not until he sat up
in bed, that he realized the fact, that his wrists and ankles were
pinioned. His gaze wandered from the face of Blossom to the
countenances of the other police-officers, and last of all, rested upon
his corded hands.
"My luck," he said, quietly,—"curse you, you needn't awakened a
fellow in his sleep. Why couldn't you have waited till mornin'?"
And he sank back on the bed again. Blossom seized a pitcher filled
with water, which stood upon a table, and dashed the contents in
the convict's face.
Thoroughly awake, and thoroughly enraged, Ninety-One started up
in the bed, and gave utterance to a volley of curses.
Blossom made a sign with his hand; the four policemen seized the
convict and bore him into the second room, while Blossom held the
light over the dead man's livid face and bloody chest.
"Do you see that bullet-hole?" said Blossom; "the pistol was found a-
side of your bed, near your hand. Gallus, you'll have to dance on
nothin', I'm werry much afeard you will. But it 'ill take a strong rope
to hang you."
"What!" shouted Ninety-One, "you don't mean to say,—" he cast a
horrified look at the dead man, and then, like a flash of lightning,
the whole matter became as plain as day to him. "Oh, Thirty-One,"
he groaned between his set-teeth, "this is your dodge,—is it? Oh,
Thirty-One, this is another little item in our long account."
"What do you say?" asked one of the policemen. Ninety-One
relapsed into a dogged silence. They could not force another word
from him. Carrying him back into the first room, they laid him on the
bed, and secured his ankles and wrists with additional cords.
Meanwhile, they could peruse at their leisure, that face, whose deep
jaw, solid chin, and massive throat, covered with a stiff beard,
manifested at once, immense muscular power, and an indomitable
will. The eyes of the convict, overhung by his bushy brows, the
cheeks disfigured by a hideous scar, the square forehead, with the
protuberance in the center, appearing amid masses of gray hair,—all
these details, were observed by the spectators, as they added new
cords to the ankles and the wrists of Ninety-One.
His chest shook with a burst of laughter, "Don't give it up so easy!"
he cried, "I'll be even with you yet, Thirty-One."
"S'arch all the apartments,—we must find his comrade," exclaimed
Blossom,—"a pale-faced young devil, whom I seen with him, last
night, in the cars."
Ninety-One started, even as he lay pinioned upon the bed.—"Oh,
Thirty-One," he groaned, "and you must bring the boy in it, too,
must you? Just add another figure to our account."
The four rooms were thoroughly searched, but the comrade was not
found.
"Come, boys," said Blossom, "we'll go down-stairs and talk this
matter over. Gallus," directing his conversation to Ninety-One, "we'll
see you again, presently."
Ninety-One saw them cross the threshold, and heard the key turn in
the lock. He was alone in the darkness, and with the dead.
As Blossom, followed by the policemen, passed down stairs, he was
confronted on the second landing by the affrighted servants,—some
of them but thinly clad,—who assailed him with questions. Instead
of answering these multiplied queries, Blossom addressed his
conversation to a portly dame of some forty years, who appeared in
her night-dress and with an enormous night-cap.
"The housekeeper, I believe, Ma'am?"
"Yes, sir,—Mrs. Tompkins," replied the dame, "Oh, do tell me, what
does this all mean?"
"How's the old gentleman?" asked Blossom.
"In his room. He's reviving. Mr. Van Huyden, his private secretary is
with him. But do tell us the truth of this affair—what—what, does it
all mean?"
"Madam, it means murder and blood and an old convict. Excuse me,
I must go—down-stairs."
While the house rang with the exclamations of his affrighted
listeners, Blossom passed down stairs, and, with his assistants,
entered the Library.
"The question afore the house, gentlemen, is as follows,"—and
Blossom sank into the chair of the merchant prince—"Shill we keep
the prisoner up-stairs all night, or shill we take him to the Tombs?"
Various opinions were given by the policemen, and the debate
assumed quite an animated form, Blossom, in all the dignity of his
bear-skin coat and carbuncled visage, presiding as moderator.
"Address the cheer," he mildly exclaimed, as the debate grew warm.
"Allow me to remark, gentlemen, that Stuffletz, there, is very
sensible. Stuff., you think as the coroner's inquest will be held up-
stairs by arly daylight to-morrow mornin' it 'ud be better to keep the
prisoner there so as to confront him with the body? That's your
opinion, Stuff. Well, I can't speak for you, gentlemen, as I don't
b'long to the reg'lar police,—(I'm only an extra, you know!)—but it
seems to me, Stuff. is right. Therefore, let the prisoner stay up-stairs
all night; the room is safe, and I'll watch him mesself. Beside, you
don't think he's a-goin' to tumble himself out of a third story winder,
or vanish in a puff o' brimstone, as the devil does in the new play at
the Bowery—do you?"
There was no one to gainsay the strong position thus assumed by
Poke-Berry Blossom, Esq.
"And then I kin have a little private chat with him, in regard to the
$71,000,—I guess I can," he muttered to himself.
"What's the occasion of this confusion?" said a bland voice; and, clad
in his elegant white coat, with his cloak drooping from his right
shoulder, Colonel Tarleton advanced from the doorway to the light.
"Passing by I saw Mr. Somers' door open, and hear an uproar,—what
is the matter, gentlemen? My old friend, Mr. Somers, is not ill, I
hope?"
"Evelyn, his son, has been shot," bluntly responded Blossom—"by an
old convict, who had hid himself in the third story, with the idea o'
attackin' old Somers' cash-box and jugular."
Colonel Tarleton, evidently shocked, raised his hand to his forehead
and staggered to a chair.
"Evelyn shot!" he gasped, after a long pause.—"Surely you dream.
The particulars, the particulars—"
Blossom recapitulated the particulars of the case, according to the
best of his knowledge.
"It is too horrible, too horrible," cried Tarleton, and his extreme
agitation was perceptible to the policemen. "My young friend Evelyn
murdered! Ah!—" he started from the chair, and fell back again with
his head in his hands.
"But we've got the old rag'muffin," cried Blossom, "safe and tight;
third story, back room."
Tarleton started from the chair and approached Blossom,—his pale
face stamped with hatred and revenge.
"Mr. Blossom," he said, and snatched the revolver from the pocket of
the rubicund gentleman. "Hah! it's loaded in six barrels! Murdered
Evelyn—in the back room you say—I'll have the scoundrel's life!"
He snatched the candle from the table, and rushed to the door. The
policemen did not recover from their surprise, until they heard his
steps on the stairs.
"After him, after him,—there'll be mischief," shouted Blossom, and
he rushed after Tarleton, followed by the six policemen. Tarleton's
shouts of vengeance resounded through the house, and once more
drew the servants, both men and women, to the landing-place at the
head of the stairs. That figure attracted every eye—a man attired in
a white coat, his face wild, his hair streaming behind him, a loaded
pistol in one hand and a light in the other.
"Ketch his coat-tails," shouted Blossom, and, followed by policemen
and servant-maids, he rushed up the second stairway.
He found Tarleton in the act of forcing the door on the right, which
led into the room where Ninety-One was imprisoned.
"It is locked! Damnation!" shouted Tarleton, roaring like a madman.
"Will no one give me the key?"
"I'll tell you what I'll give you," was the remark of Blossom. "I'll give
you one under yer ear, if you don't keep quiet,—"
But his threat came too late. Tarleton stepped back and then
plunged madly against the door. It yielded with a crash. Then, with
Blossom and the crowd at his heels, he rushed into the room,
brandishing the pistol, as the light which he held fell upon his
convulsed features,—
"Where is the wretch?—show him to me! Where is the murderer of
poor Evelyn?"
Blossom involuntarily turned his eyes toward the bed. It was empty.
Ninety-One was not there. His gaze traversed the room: a door,
looking like the doorway of a closet, stood wide open opposite the
bed. It required but a moment to ascertain that the door opened
upon a stairway.
"By ——!" shouted Blossom, "he's gone! His comrade has been
concealed somewhere, and has cut him loose."
"Gone!" echoed police-officers and servants.
"Gone!" ejaculated Tarleton, and fell back into a chair, and his head
sunk upon his breast.
There he remained muttering and moaning, while the four
apartments on the third floor were searched in every corner by
Blossom and his gang. The search was vain.
"He can't be got far," cried Blossom. "Some o' you go down into the
yard, and I'll s'arch this staircase."
Thus speaking, he took the light and disappeared through the open
doorway of the staircase, while the other police-officers hastily
descended the main stairway.
Tarleton remained at least five minutes in the darkness, while shouts
were heard in the yard behind the mansion. Then, emerging from
the room, he descended to the second floor, where he was
confronted by the housekeeper, who was struck with pity at the sight
of his haggard face.
"I am weak—I am faint; allow me to lean upon your arm," said
Tarleton, and supported his weight upon the fat arm of the good
lady.—"Support me to the bedchamber of my dear friend Somers,—
the father of poor murdered Evelyn."
"This way, sir," said the housekeeper, kindly, "he's in there, with his
private secretary—"
"With his private secretary, did you say?" faintly exclaimed Tarleton.
"Close the door after me, good madam, I wish to talk with the dear
old man."
He entered the bedchamber, leaving the housekeeper at the door.

CHAPTER XII.
"SHOW ME THE WAY."

A single lamp stood on a table, near a bed which was surmounted


by a canopy of silken curtains. The room was spacious and elegant;
chairs, carpet, the marble mantle, elaborately carved, and the ceiling
adorned with an elaborate painting,—all served to show that the
merchant prince slept in a "place of state." Every detail of that
richly-furnished apartment, said "Gold!" as plainly as though a voice
was speaking it all the while.
His lean form, attired in every-day apparel, was stretched upon the
bed, and through the aperture in the curtains, the lamp-light fell
upon one side of his face. He appeared to be sleeping. His arms lay
listlessly by his side, and his head was thrown back upon the pillow.
His breathing was audible in the most distant corner of the chamber.
"Gulian," said Tarleton, who seemed to recover his usual strength
and spirit, as soon as he entered the room, "Where are you, my
dear?"
The slight form of the private secretary advanced from among the
curtains at the foot of the bed. His face, almost feminine in its
expression, appeared in the light, with tears glistening on the
cheeks. It was a beautiful face, illumined by large, clear eyes, and
framed in the wavy hair, which flowed in rich masses to his
shoulders. At sight of the elegant Colonel, the blue eyes of the boy
shone with a look of terror. He started back, folding his hands over
the frock coat, which enveloped his boyish shape.
"Ah, my God,—you here!" was his exclamation, "when will you cease
to persecute me?"
The Colonel smiled, patted his elegant whiskers, and drawing nearer
to the boy, who seemed to cringe away from his touch, he said in his
blandest tone,—
"Persecute you! Well, that is clever!—Talk of gratitude again in this
world! I took you when you were a miserable foundling, a wretched
little baby, without father, mother, or name. I placed you in the quiet
of a country town, where you received an elegant education. I gave
you a name,—a fancy name, I admit—the name which you now
wear—and when I visited you, once or twice a year, you called me
by the name of father. How I gained money to support you these
nineteen or twenty years, and to adorn that fine intellect of yours,
with a finished education,—why, you don't know, and I scarcely can
tell, myself. But after these years of protection and support, I
appeared at your home in the country, and asked a simple favor at
your hands. Ay, child, the man you delighted to call father asked in
return for all that he had done for you, a favor—only one favor—and
that of the simplest character. Where was your gratitude? You
refused me; you fled from your home in the country, and I lost sight
of you until to-night, when I find my lost lamb, in the employment of
the rich merchant. His private secretary, forsooth!"
"Hush," exclaimed Gulian, with a deprecatory gesture, "You will
wake Mr. Somers. He has had one convulsion already, and it may
prove fatal. I have sent for a doctor,—oh, why does he not come?"
"You shall not avoid me in that way, my young friend," said Tarleton.
He laid his hand on the arm of the boy, and bent his face so near to
him that the latter felt the Colonel's breath upon his forehead. "The
money which I bestowed upon your education, I obtained by what
the world calls felony. For you—for you—" his voice sunk to a deeper
tone, and his eyes flashed with anger; "for you I spent some years
in that delightful retreat, which is known to vulgar ears by the word,
—Penitentiary!"
"God help me," cried the boy, affrighted by the expression which
stamped the Colonel's face.
"Penitentiary or jail, call it what you will, I spent some years there
for your sake. And do you wish to evade me now when, I tell you
that I reared you but for one object, and that object dearer to me
than life? You ran away from my guardianship; you attempt to
conceal yourself from me; you attempt to foil the hope for which I
have suffered the tortures of the damned these twenty years? Come,
my boy, you'll think better of it."
The smile of the Colonel was altogether fiendish. The boy sank on
his knees, and raised to the Colonel's gaze that beautiful face
stamped with terror, and bathed in tears.
"Oh, pardon me—forgive me!" he cried, "Do not kill me—"
"Kill you! Pshaw!"
"Let me live an obscure life, away from your observation; let me be
humble, poor and unknown; as you value the hope of salvation, do
not—I beseech you on my knees—do not ask me to comply with
your request!"
"If you don't get up, I may be tempted to strike you," was the brutal
remark of the Colonel. "Pitiful wretch! Hark ye," he bent his head,
—"the robber who this night murdered Evelyn Somers, gained
admittance to this house by means of a night-key. He had an
accomplice in the house, who supplied him with the key. That
accomplice, (let us suppose a case) was yourself—"
"Me!" cried the boy, in utter horror.
"I can obtain evidence of the fact," continued the Colonel, and
paused. "You had better think twice before you enter the lists with
me and attempt to thwart my will."
The boy, thus kneeling, did not reply, but buried his face in his
hands, and his flowing hair hid those hands with its luxurious waves.
He shook in every nerve with agony. He sobbed aloud.
"Will you be quiet?" the Colonel seized him roughly by the shoulder,
"or shall I throttle you?"
"Yes, kill me, fiend, kill me, oh! kill me with one blow:" the boy
raised his face, and pronounced these words, his eyes flashing with
hatred, as he uttered the word "fiend." There was something
startling in the look of mortal hatred which had so suddenly fixed
itself upon that beautiful face. Even the Colonel was startled.
"Nay, nay, my child," he said in a soothing tone, "get up, get up,
that's a dear child—I meant no harm—"
At this moment the conversation was interrupted by a hollow voice.
"You must pay, sir. That's my way.—You must pay or you must go."
The business-like nature, the every-day character of these words,
was in painful contrast with the hollow accent which accompanied
their utterance. At the sound the boy sprang to his feet, and the
Colonel started as though a pistol had exploded at his ear.
The merchant prince had risen into a sitting posture. His thin
features, low, broad forehead, wide mouth, with thin lips and
pointed chin, were thrown strongly into view by the white cravat
which encircled his throat. Those features were bathed in moisture.
The small eyes, at other times half concealed by heavy lids, were
now expanded in a singular stare,—a stare which made the blood of
the Colonel grow cold in his veins.
"God bless us! What's the matter with you, good Mr. Somers?" he
ejaculated.
But the rich man did not heed him.
"I wouldn't give a snap for your Reading Railroad—bad stock—bad
stock—it must burst. It will burst, I say. Pay, pay, pay, or go! That's
the only way to do business. D'ye suppose I'm an ass? The note
can't lie over. If you don't meet it, it shall be protested."
As he uttered these incoherent words, his expanding eyes still fixed,
he inserted his tremulous hand in his waist-coat pocket, and took
from thence a golden eagle, which he brought near his eyes, gazing
at it long and eagerly.
"He's delirious," ejaculated Tarleton, "why don't you go for a
doctor?"
"Oh, what shall I do?" cried Gulian, rushing to the door, "why doesn't
the doctor come?—"
But at the door he was confronted by the buxom housekeeper, who
whispered, "Our doctor is out of town, but one of the servants has
found another one: he's writing down-stairs."
"Quick! Quick! Bring him at once;" and Gulian, in his flight, pushed
the housekeeper out of the room.
Mr. Somers still remained in a sitting posture, his eye fixed upon the
golden eagle.
"Tell Jenks to foreclose," he muttered, "I've nothing to do with the
man's wife and children. It isn't in the way of business. The
mortgage isn't paid, and we must sell—sell—sell,—sell," he repeated
until his voice died away in a murmur.
The doctor entered the room. "Where is our patient?" he said, as he
advanced to the bedside. He was a man somewhat advanced in
years, with bent figure and stooping shoulders. He was clad in an
old-fashioned surtout, with nine or ten heavy capes hanging about
his shoulders; and, as if to protect him from the cold, a bright-red
kerchief was tied about his neck and the lower part of his face. He
wore a black fur hat, with an ample brim, which effectually shaded
his features.
The Colonel started at the sight of this singular figure. "Our friend of
the blue capes, as I'm alive!" he muttered half aloud.
The doctor advanced to the bedside.—"You will excuse me for
retaining my hat and this kerchief about my neck," he said in his
mild voice, "I am suffering from a severe cold." He then directed his
attention to the sick man, while Gulian and Tarleton watched his
movements, with evident interest.
The doctor did not touch the merchant; he stood by the bedside,
gazing upon him silently.
"What's the matter with our friend?" whispered Tarleton.
The doctor did not answer. He remained motionless by the bedside,
surveying the quivering features and fixed eyes of the afflicted man.
"This person," exclaimed the doctor, after a long pause, "is not
suffering from a physical complaint. His mind is afflicted. From the
talk of the servants in the hall, I learned that he has this night lost
his only son, by the hands of a murderer. The shock has been too
great for him. My young friend," he addressed Gulian, who stood at
his back, "it were as well to send for a clergyman."
Gulian hurried to the door, and whispered to the housekeeper.
Returning to the bedside, he found the doctor seated in a chair, with
a watch in his hand, in full view of the delirious man. The Colonel,
grasping the bed-curtain, stood behind him, in an attitude of
profound thought, yet with a faint smile upon his lips.
As for the merchant prince, seated bolt upright in the bed, he
clutched the golden eagle, (which seemed to have magnetized his
gaze), and babbled in his delirium—
"You an heir of Trinity Church?" he said, with a mocking smile upon
his thin lips, "you one of the descendants of Anreke Jans Bogardus?
Pooh! Pooh! The Church is firm,—firm. She defies you. Aaron Burr
tried that game, he! he! and found it best to quit,—to quit—to quit.
What Trinity Church has got, she will hold,—hold—hold. She buys,—
she sells—she sells—she buys—a great business man is Trinity
Church! And with your two hundred beggarly heirs of Anreke Jans
Bogardus, you will go to law about her title. Pooh!"
"He is going fast," whispered the Doctor, "his mind is killing him.
Where are his relatives?"
His relatives! Sad, sad word! His wife had been dead many years,
and her relatives were at a distance; perchance in a foreign land. His
nearest relative was a corpse, up-stairs, with a pistol wound through
his heart.
Evelyn Somers, Sen., was one of the richest men in New York, and
yet there was not a single relative to stand by his dying-bed. The
death-sweat on his fevered brow, the whiteness of death on his
quivering lips, the fire of the grave in his expanding eyes, Evelyn
Somers, the merchant prince, had neither wife nor child nor relative
to stand by him in his last hour. The poor boy who wept by the bed-
side was, perchance, his only friend.
"Cornelius Berman, the artist, (who died, I believe, some years ago,)
was his only relative in New York: his only son out of view." This was
the answer of Colonel Tarleton, to the question of the Doctor.
And the dying man, still sitting bolt upright, one hand on his knee,
and the other grasping the golden coin, still babbled in his delirium
in the hollow tone of death. He talked of everything. He bought and
sold, received rent and distressed tenants, paid notes and protested
them, made imaginary sums by the sale of stocks, and achieved
imaginary triumphs by the purchase of profitable tracts of land,—it
was a frightful scene.
The Doctor shuddered, and as he looked at his watch, muttered a
word of prayer.
The Colonel turned his face away, but was forced by an involuntary
impulse, to turn again and gaze upon that livid countenance.
The boy Gulian—in the shadows of the room—sunk on his knees and
uttered a prayer, broken by sobs.
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