Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 4302. Effect of records as notice.
(a) Real property.--Except as otherwise provided by statute or prescribed by general rule adopted pursuant
to section 1722(b) (relating to enforcement and effect of orders and process), every
document affecting title to or any other interest in real property which is filed
and indexed in the office of the clerk of the court of common pleas of the county
where the real property is situated, or in the office of the clerk of the branch of
the court of common pleas embracing such county in the manner required by the laws,
procedures or standards in effect at the date of such filing shall be constructive
notice to all persons of the filing and full contents of such document.
(b) Documents relating to pending matters.--Documents relating to the pendency of a matter before any court filed in the office
of the clerk of any court or other office within or related to and serving the unified
judicial system shall be constructive notice to such persons, of such information
and for such duration as may be provided by statute or prescribed by general rule
adopted pursuant to section 4301 (relating to establishment and maintenance of judicial
records).
(c) Foreign language documents.--A writing not in the English language shall not constitute notice to any person unless
there is attached to it and filed with it a translation into the English language
verified to be correct.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff.
60 days)
Notes of Decisions
Cited in
11
cases, 1984–2017 · leading case:
In Re Aulicino, 400 B.R. 175 (Bankr. E.D. Pa. 2008).
In Re Aulicino, 400 B.R. 175 (Bankr. E.D. Pa. 2008).
· cites it 2× “§ 402, and the lis pendens statute, 42 Pa.C.S. § 4302. 7 Movant does not contend to have recorded a deed under 21 P.”
Michael, R. v. GLD Foremost Holdings, LLC, 156 A.3d 318 (Pa. Super. Ct. 2017).
“Did the trial court err in concluding that 42 Pa.C.S. § 4302 permits a' lis pendens to be filed in any case where real estate is ‘involved,’ even if the title to the real estate is not at issue in the underlying case? 2.”
In Re Upset Sale, Tax Cl. Bureau of Berks, 479 A.2d 940 (Pa. 1984).
“The tax sale itself was a sufficient notice of lis pendens against the property, (See 42 Pa.C.S. Section 4302(a)), as is the existence of Appellants' judgments and the tax claims on record in the Prothonotary's office.”
Gambler v. Huyett, 679 A.2d 831 (Pa. Super. Ct. 1996).
“Accordingly, at the time of execution, Gambler did not have a record interest in the property, see 42 Pa.C.S. § 4302(a); Pa.R.C.P. 3129.1(b)(3), nor is there any indication that Fleet had knowledge of any “interest not of record,” see Pa.”
In Re Chandler, 441 B.R. 452 (Bankr. E.D. Pa. 2010).
“§ 402, or the lis pendens statute, 42 Pa.C.S. § 4302. Significantly, the Conservator Order did not divest the Debtor of possession of the Property.”
Nolf v. Est. of Schumo, 479 A.2d 940 (Pa. 1984).
“The tax sale itself was a sufficient notice of lis pendens against the property, (See 42 Pa.C.S. Section 4302(a)), as is the existence of Appellants’ judgments and the tax claims on record in the Prothonotary’s office.”
Roache v. Nguyen, 21 Pa. D. & C.5th 30 (2011).
“42 Pa. C.S. § 4302(a) provides that “every document affecting title to or any interest in real property which is filed and indexed in the office of the clerk of the court of common pleas.”
Cullison v. Gettysburg Econ. Dev. Corp., 12 Pa. D. & C.5th 421 (2010).
“It does not change the fundamental notion that title to property must be involved for a lis pendens to be properly indexed.”
Gambler v. Huyett, 29 Pa. D. & C.4th 453 (1995).
“She further claims that this judgment served as “constructive notice” to Fleet of her priority lien upon or interest in the property pursuant to Title 42, 42 Pa.C.S. §4302 (Supp. 1995), and that since Fleet failed to provide written notice to her of the July 9, 1993, sheriff’s…”
— 42 Pa. Cons. Stat. § 4302(a) — 6 cases
In Re Upset Sale, Tax Cl. Bureau of Berks, 479 A.2d 940 (Pa. 1984).
“The tax sale itself was a sufficient notice of lis pendens against the property, (See 42 Pa.C.S. Section 4302(a)), as is the existence of Appellants' judgments and the tax claims on record in the Prothonotary's office.”
Gambler v. Huyett, 679 A.2d 831 (Pa. Super. Ct. 1996).
“Accordingly, at the time of execution, Gambler did not have a record interest in the property, see 42 Pa.C.S. § 4302(a); Pa.R.C.P. 3129.1(b)(3), nor is there any indication that Fleet had knowledge of any “interest not of record,” see Pa.”
Nolf v. Est. of Schumo, 479 A.2d 940 (Pa. 1984).
“The tax sale itself was a sufficient notice of lis pendens against the property, (See 42 Pa.C.S. Section 4302(a)), as is the existence of Appellants’ judgments and the tax claims on record in the Prothonotary’s office.”
Roache v. Nguyen, 21 Pa. D. & C.5th 30 (2011).
“42 Pa. C.S. § 4302(a) provides that “every document affecting title to or any interest in real property which is filed and indexed in the office of the clerk of the court of common pleas.”
Cullison v. Gettysburg Econ. Dev. Corp., 12 Pa. D. & C.5th 421 (2010).
“It does not change the fundamental notion that title to property must be involved for a lis pendens to be properly indexed.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.