9615 - Manner of payment and recovery of taxes, penalties and interest.

     § 9615.  Manner of payment and recovery of taxes, penalties and                interest.        (a)  General rule.--All penalties and interest when imposed     under this chapter shall be payable to and recoverable by the     department in the same manner as if they were part of the tax     imposed.        (b)  Imposition of lien.--The taxes, fees, interest and     penalties imposed under this chapter, from the time they are     due, shall be a debt of a motor carrier who does not maintain     premises for the transaction of business within this     Commonwealth, recoverable in an action of assumpsit in the name     of the Commonwealth. This debt, whether sued upon or not, shall     be a lien on all the property of the debtor, except as against     an innocent purchaser for value without notice thereof, and     shall have priority both in lien and distribution of the assets     of the motor carrier, whether in bankruptcy, insolvency or     otherwise. The proceeds of any judgment or order obtained under     this section shall be paid to the department.        (c)  Recording of lien and execution.--Any tax determined to     be due from any person who maintains premises for the conduct of     business in this Commonwealth and remaining unpaid after demand     for the tax, and all penalties and interest thereon, shall be a     lien in favor of the Commonwealth upon the real and personal     property of the person but only after the lien has been entered     and docketed of record by the prothonotary of the county where     the property is situated. The department may at any time     transmit to the prothonotaries of the respective counties     certified copies of all liens for such taxes, penalties and     interest, and it shall be the duty of each prothonotary     receiving the lien to enter and docket the lien of record in his     office, which lien shall be indexed as judgments are now     indexed. A writ of execution may directly issue upon such lien     without the issuance and prosecution to judgment of a writ of     scire facias. Not less than ten days before issuance of any     execution on the lien, notice of the filing and the effect of     the lien shall be sent by registered mail to the taxpayer at his     last known post office address.        (d)  Priority of lien.--The lien imposed under this section     shall have priority from the date of its recording and shall be     fully paid and satisfied out of the proceeds of any judicial     sale of property subject thereto, before any other obligation,     judgment, claim, lien or estate to which the property may     subsequently become subject, except costs of the sale and of the     writ upon which the sale was made, and real estate taxes and     municipal claims against the property, but shall be subordinate     to mortgages and other liens existing and duly recorded or     entered of record prior to the recording of the tax lien. In the     case of a judicial sale of property subject to a lien imposed     under this section upon a lien or claim over which the lien     imposed under this section has priority, the sale shall     discharge the lien imposed under this section to the extent only     that the proceeds are applied to its payment, and the lien shall     continue in full force and effect as to the balance remaining     unpaid.        (e)  Renewal of lien.--The lien imposed under this section     shall continue for five years from the date of its entry of     record and may be renewed and continued in the manner provided     for the renewal of judgments.