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

43 responses to “Pennsylvania Deceased Property Owners Class Action Settlement”

  1. Anthony says:

    The link doesn’t work.

    ADMIN – Hi Anthony,

    You are correct. I believe the admin has closed the page.

  2. marlene maley says:

    when can we expect the settlement money?

    ADMIN – Hi Marlene,

    You can call this number to find out: 215-710-0407

    • Jackie Phillips says:

      Most recent information from when I called the law firm phone number is “sometime this summer (2017)”.

  3. Kate says:

    How do you know how much it is?

    ADMIN – Hi Kate,

    I don’t know

  4. Christine James says:

    Ms. Deseray, I just want to info you about the letter I just received from your office on the class action settlement. I have been in the hospital for the last 19 days, and just got my mail to look over and saw the letter I must return (decease is my mother Adell Johnson) .I will be mailing it on today. I think letter said it had to be there by 7-17-2017) so just info you of why my lateness.
    Thank You
    Ms. Christine James

    ADMIN – Hi Christine,

    We have nothing to do with this case thus your notification adds no value.

  5. Tiawana E. Brown says:

    It is August the 10th could please let me know when you will send out the checks.

    ADMIN – Hi There,

    I don’t have that information.

    • Ruth Hicks says:

      Hi My name Is Ruth Hicks and I received a check of 975.00 and the name on the check Ruth Ann Nicles not my name my Fathers name was Henry Harry Hicks it was his of the tax rebate could u send me another check name on it Ruth Hicks no middle name please I live 213 berwick rd Abbottstown Pa 17301 control number 0070034417

      ADMIN – Hi Ruth,

      You need to contact class counsel directly. Here is their info

      Stern & Eisenberg PC
      Attn: Deseray Pettit
      1581 Main Street, Suite 200
      Warrington, PA 18976

  6. wayne kubis says:

    I hope this was legit.It has been a long time coming.

  7. Mary Shaffer says:

    Wondering when the settlement checks will be mailed? Was told summer of 2017. Thank you!

    ADMIN – Hi Mary,

    Reach out to the class action administrator.

  8. Diane Slicker says:

    It is now Sept 5th will the checks be coming soon in Sept?or do you still have no idea by now

    ADMIN – Hi Diana,

    Here is the info of class counsel if you need to reach someone

    Stern & Eisenberg PC
    Attn: Deseray Pettit
    1581 Main Street, Suite 200
    Warrington, PA 18976

    • Diane Slicker says:

      I can not get a live person there ,it said you can not leave a message to talk to anyone!

      ADMIN – Hi Diane,

      I am sorry about that. Try writing a letter.

  9. Jackie Phillips says:

    Has anyone heard anything from the law firm…a letter or a call? It is already October and the filing deadline was March 7…Appreciate any information.

  10. Claimant says:

    was told at the end of the summer when I emailed the law firmon August 8, 2017:

    Good Afternoon,
    We received your claim.
    We are still in the process of analyzing the claims and it will probably not be until the end of summer of 2017 until valid claims are paid.
    If we require additional information we will reach out to you.
    Thank you,
    Deseray Pettit
    I have still not heard anything as of Oct. 7, 2017.

    ADMIN – Hi Connie,

    How about you email them again?

    • Diane Slicker says:

      Me either, they do not even have a website any more so that they can update us on what’s going on anymore! What’s going on !

      ADMIN – Hi Diana,

      We don’t have additional information but contacting class counsel sounds like a good move.

    • Connie Briggs says:

      Their reply as of Oct. 24, 2017:
      We are not in a position at this time to provide specific information regarding the timeline for payment of valid claims. Once a determination has been made on your claim you will receive notification from our office.
      Thank you,
      Deseray Pettit

  11. Jackie Phillips says:

    This is the same information that they have been giving out for months…think that everyone is wondering what is happening/taking so long…and you cannot leave a message at the number given…again, if anyone heard anything please post the information…it would be appreciated.

    • Connie Briggs says:

      I looked up the docket # 10 FR 2011 on the PA Appellate Court search site and there is some recent activity.
      November 6, 2017 Order Filed 11/06/2017
      Brobson, P. Kevin
      Document Name: Upon consideration of Petitioner’s Petition for Further Administration of Court-Approved Settlement,
      Comment: it is hereby ordered that Respondent shall file an answer thereto on or before December 6, 2017.
      followed by next entry of the answer due Dec. 6–filed on Nov. 9, 2017:
      November 9, 2017 Answer Filed
      Davis, Jessica S. Representing Commonwealth of Pennsylvania, Respondent
      Document Name: Respondent’s Response to Class Counsels’ Petition for the Disbursement of Funds
      So something has been going on….anyone have access to dockets? Thanks.

  12. Kate says:

    Did they say this summer or next summer?

    • Jackie Phillips says:

      Kate: good point 🙂 …but it was THIS summer…filing deadline was 3-7-17….It is only common sense that they should have had the preliminary work done and be ready to mail the checks…seems like something is not right…this is taking way too long even taking into account that there are many claims to be settled…again…if anyone hears anything please post the information…

  13. Roxanne Waltz says:

    We are really wondering if this isn’t a scam. They’ve not been forthcoming with any information. We sent in all the information required and lots of It is pretty personal. Wgal, our local television station reiterated that this was legit and now this is looking likely to be a scam.

    ADMIN – Hi Roxanne,

    Instead of wondering you could take your time to look at public records and see if the case is real or not. Last time I checked it was but don’t take our word for it. Go take a look for yourself.

  14. Jackie Phillips says:

    The docket information for this case: Muscarella v. Commonwealth of PA: NO.10F.R. 2011 if you want to see if it is legit…I think the biggest issue is that the law firm seems to be dragging this out for some reason…they apparently have the 20 million dollars available to cover the checks being sent to us…this is quite a frustrating and mysterious situation.

  15. Kate says:

    All I know is it will be a surprise if it comes. I just call the number once a week to see if the message changes.

    ADMIN – Hi Kate,

    Consider calling class counsel at least once every two months.

    • Jackie Phillips says:

      Truthfully the law firm has gone totally silent…trying to contact them really serves no purpose as you will just be frustrated that they do not respond…I agree we will all be surprised IF the checks arrive….my guess is that the court MAY have given the law firm a time limit to complete this…I am thinking…just a guess ..that could possibly be a YEAR from 3-7-16 which was the date your information had to be received..just a hunch that the checks may arrive around 3-1-18.

  16. Joe Conniff says:

    I think the law firm has the money, but wants to hold on to it as long as possible to reap any interest / money from the lump sum.

    ADMIN – Hi Joe,

    Class action monies when made available by the defendant and generally not held in interest bearing accounts.

  17. Jackie Phillips says:

    Whatever is happening and whomever is to blame..this has been an extremely long wait for a case that was decided quite some time ago…Again complicated by the fact that the law firm has gone silent … no voicemail, no live person to speak with, general prepared stock answers to e-mail inquiries…let’s not forget that the filing date was 3-2-17…almost a year ago…we just want some honest communication and updates.

    ADMIN – Hi Jackie,

    I wish I could help you but you probably know already that we are simply an informational website.

  18. Kate says:

    Well I have not checked since October 11, 2017 but see there is no change. I just hope this comes soon… but I learn never to count on anything then if and when it arrives it will be a nice surprise! Hope all had a nice New Years!

    ADMIN – Hi Kate,

    Same to you.

  19. Diane Rodgers says:

    here is a reply I received this morning from my email. still no estimate on a timeline. anybody have any idea on how long this process will now take?

    Good Morning,

    We appreciate your inquiry. Class Counsel filed a Petition for Further Administration of Court Approved Settlement. This Petition is asking the court to approve the payment of valid claims.

    Thank you,
    Deseray Pettit

  20. Jackie Phillips says:

    Diane..same old stock answer they have been giving for months…can we all agree that this is totally ridiculous? Given the fact that the law firm represents all of us I feel we deserve some common/professional courtesy by having them provide some answers to our legitimate questions…this case was originally filed in 2011…yes, 2011…the final decision by the court was in 2016…this is inexcusable regardless of whom is at fault…With all of that said what are our options since the law firm holds all of the cards and has chosen to go silent.

    ADMIN – Hi Jackie,

    The majority of delays on lawsuits are not related to law firms dragging their feet. Delays are the result of courts that are understaffed.

  21. Jackie Phillips says:

    I understand regarding the court system being slow and over-burdened…However my point is that the law firm (reiterating again) has gone silent…as our advocate the firm should at least be open to answering questions….or posting updates…let’s not forget that they said the checks were to be mailed this past summer…it is now the middle of January…

    ADMIN – Hi Jackie,

    I can see how that is frustrating. The next level up for escalation is to write to the judge.

  22. Eric W. says:

    This is an update as of today.
    We appreciate your inquiry. The is a legitimate class action case. Class Counsel received approval from the Court and checks are being processed for payment of valid claims and will be mailed out after February 1st. The check represents the full amount to which the decedent would have been entitled under the provisions of the tax rebate statute and is the amount approved by the Court. Thank you for participating in this class action.

  23. deanna hasan says:

    Per voice recording checks are finally being mail out Feb 1. This has definitely been a long process.

    ADMIN – Hi Deanna,

    Thanks for the info

  24. Jackie Phillips says:

    Just have to caution with the following: the message says the checks will be mailed AFTER Feb1…that could mean we receive them shortly after that date…or…it may take some time…I am hoping that the law firm had the checks processed and ready for mailing either shortly before, or shortly after the judge’s okay…fingers crossed for a quick resolution for a matter that went on for all too long…good luck everyone…

  25. MJ says:

    Just got the check in today’s mail. However they sent me 2 checks for the same amount with consecutive check numbers. Sent an email to Muscarella office to see which one I can cash. This has been so difficult to get this & now I am not sure what to do.

    ADMIN – Hi MJ,

    Did you have two deceased relatives or two properties.

  26. Diane Rodgers says:

    I received my check in the mail today!

  27. James Eberz says:

    We received a check today, Feb. 5th.
    How do we cash it? The estate is closed!

    ADMIN – Hi James,

    You could reach out to the class action administrator to see if they will issue it in your name.

  28. Kate says:

    I received my check today also. I thought it was suppose to be for $975.00?

    ADMIN – Hi Kate,

    That was the estimated amount, not the final amount. Final amounts are calculated based on the total number of valid claims.

  29. Brenda Walling says:

    Just received the check yesterday, Feb 6.

  30. Kate says:

    I received the check but a different amount than expected. I thought the refunds were $975?

    ADMIN – Hi Kate,

    I don’t think there was a set amount for everyone.

  31. P says:

    Does this rebate check have the same no taxable rule that the regular yearly rebeat money has .Do I count this as a income for social programs like Medicaid ?

    ADMIN – Hi P,

    Please forward your question to the class action administrator or ask your tax professional.

  32. John R Spain says:

    I got the notice and filed the claim in October of 2016. The last email I got was in response to my inquiry in April of 2017 saying they were still analyzing the claims and would contact me if more information was needed. I never heard back and they have not responded to further emails. I have no idea where our money is or if we are due any.

    ADMIN – Hi John,

    Try reaching out to class counsel.

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