CHAPTER 1. BAILEES.
§ 4. Neglect or refusal to return animal or vehicle; penalty.
§ 11. Procedure for sale of personal property under common law lien.
§ 12. Notice of sale.
§ 13. Disposition of proceeds.
§ 14. Title on sale.
§ 15. Lien on goods for carriage, storage or labor; sale of goods.
§ 16. Perishable goods may be sold upon order of judge or justice.
§ 17. Disposition of proceeds.
§ 18. Lien of consignee of merchandise.
§ 19. Lien when consignee has notice that consignor is not actual owner.
§ 20. Lien for expenses not affected; rights of owner.
§ 21. Lien of spinners, throwsters and dyers.
§ 22. Judgement or taking of notes not to impair lien; enforcement.§§ 23 to 32. (Repealed.)
§ 33.1. Unclaimed garments.
§ 33.2. Receipt for garments.
§ 33.3. Notice.
§ 33.4. Refused or unclaimed notices.
§ 33.5. Disposal of unclaimed property.
§ 33.6. Charitable donation.
§ 33.7. Public notice of disposal procedures.
§ 33.8. Other remedies.
CHAPTER 2. FACTORS
§ 201. Effect of pledge by factor to person without notice.
§ 202. Effect of pledge by factor to person with notice.§§ 221 to 229. (Repealed.)
Any employé or bailee who, without just cause or excuse, neglects or refuses to return any animal or vehicle to the person to whom, or to the place where, it was his duty to return it, shall be guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not more than one hundred dollars, or suffer imprisonment for not more than three months, or both, at the discretion of the court.
Hereafter where any person, corporation, firm, or copartnership may have what is known as a "common law lien" for work done or material furnished about the repair of any personal property belonging to another person, corporation, firm, or copartnership, it shall be lawful for such person, corporation, firm, or copartnership having said common law lien, while such property is in the hands of the said person, corporation, firm, or copartnership contributing such work and material, to give notice in writing to the owner of the amount of indebtedness for which said common law lien is claimed for the labor and material that has entered into the repair, alteration, improvement, or otherwise, done upon the said property. If the said claim for said work or material is not paid within thirty days the said person, corporation, firm, or copartnership to which said money is due, may proceed to sell the said property, as hereinafter provided: Provided, however, That the owner of said property, if he disputes said bill, may issue a writ of replevin, as provided by law, within the said thirty days, and the said dispute shall be settled in said action of replevin.
[Note: Rule of Civil Procedure 1088 provides that the rules of civil procedure shall not be deemed to suspend or affect this section.]
The notice hereinbefore provided for shall contain an itemized statement setting forth the work and material furnished for the repair, alteration, or improvement of the said personal property, and shall be verified by oath of the claimant; and if said claim is not paid within said thirty days then the said claimant may sell the said property at public sale by giving ten days' notice thereof in the same manner as personal property is sold by sheriff or constable.
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All sales of property made under this act shall be as conclusive to the title conveyed as if sold by a sheriff or constable.
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The residue of moneys arising from any such sales, either under the first or second sections of this act, after deducting the amount of the lien, as aforesaid, together with costs of advertising and sales shall be held subject to the order of the owner or owners of property.
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Such lien shall not exist for any of the purposes aforesaid, if such consignee shall have notice by the bill of lading or otherwise, before the time of such advance or receipt, that the person in whose name such merchandise was shipped or transmitted is not the actual owner thereof.
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Such lien shall not be waived or impaired by the taking of any note or notes, or recovery of any judgment for the moneys so due, or for the work and labor performed and materials furnished; and such lien may be enforced by levy and sale, under execution, upon such judgment.
A garment left witha retail dry cleaner or retail launderer for dry cleaning or laundering may be disposed of by the dry cleaner or launderer without liability or responsibility for the garment or for proceeds realized from its disposal, provided the requirements of this act are complied with.
At the time a dry cleaner or launderer receives garments from a customer for cleaning or laundering, the dry cleaner or launderer shall provide to the cusomer a deposit receipt containing the name and mailing address of the customer, a basic description of the garments along with a statement of the quantity of each garment left, an itemization of the charges for the work to be done and the projected date when the garments shall be ready for pickup by the customer.
If a garment is not retrieved and paid for by a customer within 90 days of the ready date specified on the customer's receipt, the cleaner or launderer may provide a written notice to the customer by certified mail, return receipt requested, mailed to the customer at the address given on the deposit receipt. Such notice shall specify the amount owing to the cleaner or launderer and state that the garment shall be disposed of by the cleaner or launderer within 30 days from the date of delivery of the notice unless the garment is claimed by the customer and all charges are paid in full.
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The complete Pennsylvania Statutes are not yet available on the web. However, selected portions have been made available and can be accessed by CLICKING HERE. These statutes, though available instantaneously over the web, may not be the current law. Court decisions overturning them, later statutes amending them, and a host of other factors come into play when interpreting them. They are provided here as a resource. They should provide some information about the state of the law. However, a competent lawyer, who from other sources will research the law to insure what is current, should always be employed in matters of importance.