Pennsylvania Deceased Property Owners Class Action Settlement

Class Eligibility

You are a member of the class if:

1. Your relative (or person you represent) died in 2004 – 2009,

2. The deceased person paid their property taxes in the year they died, and

3. That person received a PA Property Tax rebate the year before they died.

Estimated Amount


Proof of Purchase


Case Name

Muscarella v. Commonwealth of Pennsylvania
NO. 10 F.R. 2011
Commonwealth Court Of Pennsylvania

Case Summary

This settlement relates to people who died in the years 2004-2009, received rebates for real estate taxes in the year before they died, and were denied a rebate for property taxes paid in the year of their death.The case has had a long history. Josephine Carbo paid her property taxes in the year 2009 and passed away in November of that year. She had filed a claim for a rebate in the year 2008 and in prior years. The executor of her estate, on behalf of the estate and all other similar decedents, filed a class claim for a rebate with the Department of Revenue. The regulations governing the Act precluded estates from filing for a rebate for the year of death unless the decedent survived for the entire year. The claim was denied. An appeal was taken to the Board of Appeals, which denied the appeal. A further appeal was taken to the Board of Finance and Revenue. That appeal was also denied. The estate then filed a petition for review with the Commonwealth

Court seeking damages for the class. Soon after the filing, the executor filed a motion for class certification, which the Court granted

Settlement Pool





Stern & Eisenberg, PC and Kramer & Kramer LLP

Attn: Deseray Pettit

1581 Main Street, Suite 200

Warrington, PA 18976

Phone: 215-710-0407
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