Pennsylvania Property Tax Rebate Class Action Settlement

A settlement has been reached in a class action lawsuit alleging that estates of Pennsylvania decedents were improperly denied real estate tax rebates under the Senior Citizens Property Tax and Rent Rebate Assistance Act.

If your relative or someone you represent was a Pennsylvania resident who died between 2004 and 2009, you may be entitled to payment from the class action settlement.

Plaintiff Charles Muscarella, the executor of the estate of Josephine Carbo, initially filed the Pennsylvania property tax class action lawsuit six years ago. He claims that Carbo paid her property taxes in 2009 and died in November of that year. She had reportedly filed a claim for a rebate in 2008 and in previous years.

After Carbo’s death, Muscarella filed a claim for a rebate on behalf of her estate. However, the Senior Citizens Property Tax and Rent Rebate Assistance Act reportedly precluded estates from filing a rebate for the year of a person’s death unless that person had survived for the entire year. Muscarella’s claim was denied by the Department of Revenue.

Muscarella appealed the denial, but the appeal was denied by both the Board of Appeals and the Board of Finance and Revenue. He subsequently filed the Pennsylvania property tax rebate class action lawsuit, and the Commonwealth Court ruled in favor of the Class, finding the regulation that required survival for the entire year of one’s death in order to be eligible for rebate to be unconstitutional and invalid.

The Pennsylvania property tax settlement was approved on Aug. 2, 2016.

Under the terms of the class action settlement, Pennsylvania will establish a $20 million settlement fund to pay real estate tax rebates to eligible Class Members.

Who’s Eligible

You are a Class Member of the Pennsylvania property tax settlement if:

• Your relative (or person you represent) died in 2004-2009;
• The deceased person paid property taxes in the year they died; and
• The person received a Pennsylvania property tax rebate the year before they died.

Potential Award

Up to $975

Proof of Purchase

N/A

If possible, Class Members should submit one or more of the following documentation:

• A death certificate for the deceased person;
• A short certificate indicating the appointment as either an executor or administrator for the deceased person’s estate;
• Documentation regarding property taxes paid in the year of death and the year prior to death; and/or
• Any documentation concerning income received in the year of death (including Social Security, disability payments, pensions and IRA distributions).

If these supporting documents are not available, the information that is on file for the prior year will be used.

Claim Form

CLICK HERE TO FILE A CLAIM (PDF) »

Claim Form Deadline

3/2/2017

Case Name

Muscarella v. Commonwealth of Pennsylvania, Case No. 10 F.R. 2011, in the Commonwealth Court of Pennsylvania

Final Hearing

6/13/2016

Settlement Website

www.PARebateSettlement.com

Claims Administrator

For more information about the Pennsylvania property tax settlement (or to request a Claim Form), you may contact Class Counsel:

Stern & Eisenberg PC
Attn: Deseray Pettit
1581 Main Street, Suite 200
Warrington, PA 18976
215-710-0407
Muscarella@SternEisenberg.com

Class Counsel

Richard F. Stern
STERN & EISENBERG PC

Mitchell A. Kramer
KRAMER & KRAMER LLP

Defense Counsel

N/A