reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2970 - CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY › Rule 2973.2 - Notice Served Prior to Execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A written notice in the form prescribed
				by Rule 2974.2 shall be served on the
				defendant at least thirty days prior to the filing of the praecipe for a writ
				of possession.
Rule
				  2974.1 governing the form of the
				  praecipe for the writ of possession requires a certification that notice has
				  been given as provided by this rule.
Rule 2959(a)(3) requires a petition for relief from a
				  confessed judgment to be filed within thirty days after service of notice
				  pursuant to this rule.
(b)
				The notice shall be served
(1) upon a
				defendant in the judgment who has not entered an appearance
(i) by the sheriff or by a competent adult
				who is not a party to the action in the manner prescribed by Rule 402(a) for
				the service of original process upon a defendant, or
(ii) by the plaintiff mailing a copy in the
				manner prescribed by Rule 403, or
(iii) pursuant to special order of court as
				prescribed by Rule 430 if service cannot be made as provided in subparagraphs
				(i) or (ii), or
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2970 - CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY › Rule 2973.3 - Notice Served with Writ of Possession. Prompt Hearing Limited to Issue of Waiver of Due Process Rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A written
				notice in the form prescribed by Rule
				2974.3 and a form of petition to
				strike the judgment and request for prompt hearing prescribed by Rule 2967
				shall be served upon the defendant with the writ of possession.
Rule
				  2974.1 governing the form of the
				  praecipe for the writ of possession requires a certification that notice will
				  be given as provided by this rule.
See Rule 2959(a)(3) which requires a petition for relief from
				  a confessed judgment to be filed within thirty days after service of notice
				  pursuant to this rule.
(b) A
				defendant who has been given notice pursuant to Rule 2973(a) may file with the
				sheriff a petition to strike the judgment in the form provided by Rule 2967.
				The petition shall be limited to the issue whether the defendant voluntarily,
				intelligently and knowingly waived the right to notice and hearing prior to the
				entry of the judgment. The defendant may include in the claim a demand for a
				prompt hearing. The sheriff shall immediately notify the plaintiff of the
				filing of the petition.
(c) The
				sheriff shall immediately present the matter to the court. The court shall hear
				the claim within three business days thereafter upon such notice to the parties
				as the court shall direct and shall promptly dispose of the matter on the
				testimony, admissions or other evidence.
(1)
				If the court finds that the plaintiff has shown by a preponderance of the
				evidence that the defendant voluntarily, intelligently and knowingly waived the
				right to notice and hearing prior to the entry of judgment, it shall enter an
				order so determining and the stay of the execution proceedings under
				subdivision (d) shall terminate automatically.
(2) If the court finds that the plaintiff has
				not made the required showing, it shall enter an order vacating the writ of
				possession and striking the judgment. Upon entry of the order, any property
				from which the defendant has been evicted pursuant to the writ of possession
				shall be returned to the defendant's possession.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2970 - CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY › Rule 2973.4 - Choice of Procedure. Notice Upon Subsequent Executions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A plaintiff who has given notice pursuant
				to Rule 2973.2 may not proceed thereafter
				under Rule
				2973.3.
(b) The notice required by Rules
				2973.2 and
				2973.3 need not be given upon
				subsequent executions on a judgment if the notice was given prior to or upon a
				previous execution on that judgment and either
(1) The defendant filed a petition for relief
				from the judgment and the court denied the relief, or
(2) The defendant failed to file a petition
				for relief from the judgment within thirty days after service of the notice as
				required by Rule 2959(a)(3).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2970 - CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY › FORMS › Rule 2974 - Confession of Judgment. Form

Current through Register Vol. 54, No. 28, July 13, 2024
The confession of judgment required by Rule 2971(b) shall
					 be substantially in the following form:
[CAPTION]
Pursuant to the authority contained in the warrant of
					 attorney, the original or a copy of which is attached to the complaint filed in
					 this action, I appear for the defendant(s) and confess judgment in ejectment in
					 favor of the plaintiff(s) and against the defendant(s) for possession of the
					 real property described as follows:
______________________________________
______________________________________
______________________________________
DESCRIPTION
______________________________________
ATTORNEY FOR DEFENDANT(S)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2970 - CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY › FORMS › Rule 2974.1 - Praecipe for Writ of Possession

Current through Register Vol. 54, No. 28, July 13, 2024
The praecipe for a writ of possession shall be
					 substantially in the following form:
[Caption]
PRAECIPE FOR WRIT OF POSSESSION UPON A CONFESSED
					 JUDGMENT
To the Prothonotary:
Issue writ of possession upon the judgment in ejectment
					 entered by confession in the above matter.
Certification
I certify that
(1)
				  This praecipe is based upon a judgment entered by confession, and (Delete three
				  of the following paragraphs which are inapplicable.)
(2) Notice pursuant to Rule
				  2973.2 has been served at least
				  thirty days prior to the filing of this praecipe as evidenced by a return of
				  service filed of record.
(3) Notice
				  pursuant to Rule
				  2973.3 will be served with the
				  writ of possession.
(4) Notice was
				  served in connection with a prior execution on this judgment and, pursuant to
				  Rule 2973.4(b), no
				  further notice is required.
(5)
				  Notice is not required under Rule
				  2973.1(c)
				  because a petition to open or strike the judgment was previously filed.
______________________________________
Attorney for
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2970 - CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY › FORMS › Rule 2974.2 - Notice of Judgment and Execution Required by Rule 2973.2. Form

Current through Register Vol. 54, No. 28, July 13, 2024
The notice required by Rule
					 2973.2 shall be substantially in
					 the following form:
(Caption)
Notice under Rule
					 2973.2 of Judgment and
					 Execution
____________
Notice of Defendant's Rights
To: ____________
Defendant(s)
A judgment for possession of real property has been entered
					 against you and in favor of the plaintiff without prior notice and hearing
					 based on a confession of judgment contained in a promissory note or other
					 document allegedly executed by you. The sheriff may remove you from the
					 property at any time after thirty days after the date on which this notice is
					 served on you.
You may have legal rights to defeat the judgment or to
					 prevent your being removed from the property. ANY PETITION SEEKING RELIEF FROM
					 THE JUDGMENT MUST BE FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS
					 NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
					 DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
					 OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
					 ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
					 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
______________________________________
(Name)
______________________________________
(Address)
______________________________________
(Telephone Number)
______________________________________
Attorney for Plaintiff
______________________________________
Address
______________________________________
Telephone Number
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2970 - CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY › FORMS › Rule 2974.3 - Notice of Judgment and Execution Required by Rule 2973.3. Form

Current through Register Vol. 54, No. 28, July 13, 2024
The notice required by Rule
					 2973.3 shall be substantially in
					 the following form:
(Caption)
Notice under Rule 2973.3 of Judgment and
Execution Thereon
____________
Notice of Defendant's Rights
To: ____________
Defendant(s)
A judgment for possession of real property has been entered
					 against you and in favor of the plaintiff without prior notice and hearing
					 based on a confession of judgment contained in a promissory note or other
					 document allegedly executed by you. The court has issued and the sheriff has
					 served a writ of possession which directs the sheriff to remove you from
					 possession of the real property.
You may have legal rights to defeat the judgment or to
					 prevent your being removed from the property or to regain possession of the
					 property if you have been removed, if you did not voluntarily, intelligently
					 and knowingly give up your constitutional right to notice and hearing prior to
					 the entry of judgment or if you have defenses or other valid objections to the
					 judgment. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT AND TO REGAIN
					 POSSESSION MUST BE FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS
					 NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
If you have been removed from the property without notice
					 or the opportunity for a hearing, you have a right to a prompt court hearing if
					 you claim that you did not voluntarily, intelligently and knowingly give up
					 your rights to notice and hearing prior to the entry of the judgment. If you
					 wish to exercise this right, you must immediately fill out and sign the request
					 for hearing which accompanies the writ of possession and deliver it to the
					 Sheriff of ____________ County at ____________.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
					 DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
					 OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
					 ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
					 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
______________________________________
(Name)
______________________________________
(Address)
______________________________________
(Telephone Number)
______________________________________
Attorney for Plaintiff
______________________________________
Address
______________________________________
Telephone Number
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2970 - CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY › ACTS OF ASSEMBLY › Rule 2975 - Application of Amendments to Pending Actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The amendments promulgated in 1996 to the
				  rules of civil procedure prohibiting the entry of a judgment by confession for
				  possession in connection with a residential lease shall apply to actions
				  commenced after the effective date set forth in the Order of the Supreme
				  Court.
(b) The amendments
				  promulgated in 1996 to the rules governing execution on a judgment entered by
				  confession for possession shall apply to executions commenced after the
				  effective date set forth in the Order of the Supreme Court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2970 - CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY › ACTS OF ASSEMBLY › Rule 2976 - Suspension of Acts of Assembly. Abolition of Practice and Procedure Under Repealed Statutes

Current through Register Vol. 54, No. 28, July 13, 2024
The practice and procedure provided in all former Acts of
					 Assembly governing confession of judgment, which have been repealed by the
					 Judiciary Act Repealer Act (JARA), Act of April 28, 1978, No. 53, and which are
					 now part of the common law of the Commonwealth by virtue of Section 3(b) of
					 JARA, are hereby abolished and shall not continue as part of the common law of
					 the Commonwealth.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2980 - STATUTORY ACTION TO CONFORM CONFESSED JUDGMENT › Rule 2981 - Definitions. Conformity to Civil Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in this chapter
"Act" means Act No. 6 of 1974, approved January 30, 1974,
				  41
				  P. S. §
											101 et seq. or Act No. 7,
				  approved October 28, 1966 (Special Session No.1), as amended by the Act of
				  March 25, 1982, No. 68,
				  69
				  P. S. §
											1101 et seq.
(b) Except as otherwise provided in this
				chapter, the procedure shall be in accordance with the rules relating to a
				civil action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2980 - STATUTORY ACTION TO CONFORM CONFESSED JUDGMENT › Rule 2982 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The action
				required by Act No. 6 of 1974 shall be commenced only in the county in which
				the confessed judgment, whether entered originally or by transfer, constitutes
				a lien upon residential real estate of the defendant.
(b) The action required by Act No. 7 of 1966
				(Special Session No. 1) shall be commenced in the county in which the contract
				was in fact signed by the buyer, in the county in which the buyer resided at
				the time the contract was entered into, in the county in which the buyer
				resides at the commencement of the action, or in the county in which the goods
				purchased pursuant to such contract have been so affixed to real property as to
				become a part of such real property.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2980 - STATUTORY ACTION TO CONFORM CONFESSED JUDGMENT › Rule 2984 - Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
The complaint shall include:
(1) The names of the parties to the confessed
				judgment which is the subject matter of the action and the court and number,
				and the date and amount thereof;
(2) a copy of the notice required by the Act
				and the date it was sent;
(3) an
				itemization of the amount claimed to be due;
(4) a demand for the judgement required by
				the Act.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2980 - STATUTORY ACTION TO CONFORM CONFESSED JUDGMENT › Rule 2986 - Judgment. Conforming the Confessed Judgment.

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Judgment shall be entered in the action
				for the amount, if any, due the plaintiff from the defendant or the amount, if
				any, due the defendant from the plaintiff. That judgment shall merge with the
				confessed judgment. The court shall enter an appropriate order conforming the
				confessed judgment to the judgment in the action.
Once the judgment is conformed, it is enforced in the same
				  manner as other money judgments pursuant to Rule 3101 et seq. Notice under Rule
				  2956.1(c) is not
				  required when a confessed judgment has been conformed pursuant to this
				  rule.
(b) If the confessed
				judgment was entered in any county other than the county in which the action
				was brought, no execution may issue on the confessed judgment in that other
				county until after a certified copy of the order conforming the confessed
				judgment has been filed therein.
This Order is effective January 2, 1976.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter A - TRANSFER OF JUDGMENTS TO OTHER COUNTIES › Rule 3001 - Definition

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter
"judgment" means a judgment or order requiring the payment
					 of money or adjudicating the right to possession in an action of replevin,
					 including a final or interlocutory order for the payment of costs entered in
					 any court which is subject to these rules, either originally or upon transcript
					 or certification from another court within the same county.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter A - TRANSFER OF JUDGMENTS TO OTHER COUNTIES › Rule 3002 - Transfer to another county

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A judgment
				  may be transferred to another county by filing of record a certified copy of
				  all the docket entries in the action and a certification of the amount of the
				  judgment.
(b) The prothonotary of
				  the court to which a judgment is transferred shall forthwith enter it in the
				  appropriate docket and in the judgment index against the defendant.
(c) Any party in interest may at any time
				  file with the court to which a judgment has been transferred a certified copy
				  of all or any part of any of the record, testimony or exhibits in the original
				  action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter A - TRANSFER OF JUDGMENTS TO OTHER COUNTIES › Rule 3003 - Execution

Current through Register Vol. 54, No. 28, July 13, 2024
When a judgment is transferred to another county, execution
					 and revival of the judgment may be had in the transferee county, except that no
					 execution may issue in the transferee county directed to the sheriff of another
					 county.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter A - TRANSFER OF JUDGMENTS TO OTHER COUNTIES › Rule 3020 - Definition

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter, "judgment" means a judgment, order
					 or decree requiring the payment of money entered in any court which is subject
					 to these rules, including a final or interlocutory order for payment of costs,
					 except a judgment against the Commonwealth or a political subdivision.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter A - TRANSFER OF JUDGMENTS TO OTHER COUNTIES › Rule 3021 - Verdict

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  prothonotary shall immediately enter in the judgment index
(1) a verdict or order for a specific sum of
				  money with the notation "verdict" or "order." The entry shall state the amount
				  of the verdict or order;
(2) an
				  order for equitable relief, interlocutory or final; and
(3) a judgment, whether entered by the court,
				  on order of court or on praecipe of a party. The entry shall state the amount
				  of the judgment if for a sum certain.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter A - TRANSFER OF JUDGMENTS TO OTHER COUNTIES › Rule 3022 - Verdict or Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A verdict
				  or order for a specific sum of money when entered in the judgment index shall
				  create a lien on real property located within the county, title to which at the
				  time of entry is recorded in the name of the person against whom the verdict or
				  order was rendered. The lien shall continue for five years unless the verdict
				  is sooner reduced to judgment or the court sooner awards a new trial or enters
				  a judgment notwithstanding the verdict.
Section 8142(b) of the Judicial Code,
					 42 Pa.C.S. §
												8142(b), provides for the
					 endorsement of time on recorded verdicts. "Overdue support obligations of this
					 or any other state which are on record at the county domestic relations section
					 shall constitute a lien by operation of law against all real property owned by
					 the obligor within the county as provided in subsection (d.1)." See Section
					 4352(d) of the Domestic Relations Code,
					 23 Pa.C.S. §
												4352(d)
(b)
(1)
				  Except as provided by paragraph (2), the lien of a verdict or order for a
				  specific sum of money shall have the priority prescribed by Section 8141 of the
				  Judicial Code from the time the verdict or order is entered in the judgment
				  index.
(2) Paragraph (1) shall not
				  affect the priority of the lien of a verdict or order for a specific sum of
				  money created prior to the effective date of this rule.
(3) Section 8141(3), (4) and (5) of the
				  Judicial Code,
				  42 Pa.C.S. §
												8141(3), (4) and
				  (5), are suspended in accordance with Article
				  V, Section 10(c) of the Constitution of 1968 and Section 1722(b) of the
				  Judicial Code,
				  42 Pa.C.S. §
												1722(b), insofar as they are
				  inconsistent with this rule.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter A - TRANSFER OF JUDGMENTS TO OTHER COUNTIES › Rule 3023 - Judgment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
				  provided by subdivision (b), a judgment when entered in the judgment index
				  shall create a lien on real property located in the county, title to which at
				  the time of entry is recorded in the name of the person against whom the
				  judgment is entered.
(b) A judgment
				  upon a verdict or an order, when entered in the judgment index, shall
(1) continue the lien upon real property
				  located in the county which is subject to the lien of the verdict or order upon
				  which the judgment is entered, and
(2) create a lien upon all other real
				  property located in the county, title to which at the time of entry in the
				  judgment index is recorded in the name of the person against whom the judgment
				  is entered.
(3) Section 8141(3),
				  (4) and (5) of the Judicial Code,
				  42 Pa.C.S. §
												8141(3), (4) and
				  (5), are suspended in accordance with Article
				  V, Section 10(c) of the Constitution of 1968 and Section 1722(b) of the
				  Judicial Code,
				  42 Pa.C.S. §
												1722(b), insofar as they are
				  inconsistent with this rule.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter B - REVIVAL OF JUDGMENTS › Rule 3025 - Commencement of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
A proceeding to revive which continues or creates the lien
					 of a judgment may be commenced by filing with the prothonotary of the county in
					 which the judgment has been entered
(1) a praecipe for a writ of revival
				  substantially the form provided by Rule 3032, or
(2) an agreement to revive substantially the
				  form provided by Rule 3034.
The revival of a judgment lien pursuant to the Commercial
					 Real Estate Broker Lien Act is governed by these rules. See
					 68
					 P. S. §
												1062.
A lien arising from an overdue support obligation retains
					 its priority "without renewal or revival." See Section 4352(d.1)(5)(ii) of the
					 Domestic Relations Code,
					 23 Pa.C.S. §
												4352(d.1)(5)(ii).
The following statutes provide for revival or continuation
					 of liens by filing with the prothonotary a suggestion of nonpayment and an
					 averment of default:
Section 9 of the Act of May 16, 1923, P. L. 207, as
					 amended,
					 53
					 P. S. §
												7143 relating to municipal
					 claims for taxes, water rents or rates, lighting rates, power rates and sewer
					 rates.
Section 15 of the Act of May 16, 1923, P. L. 207, as
					 amended,
					 53
					 P. S. §
												7183, providing for continuation
					 of liens on municipal and tax claims;
Section 1404 of the Act of April 9, 1929, P. L. 343, as
					 amended,
					 72
					 P. S. §
												1404, providing for revival of
					 liens for state taxes, unpaid bonus, interest and penalties;
See also statutory provisions relating to revival of
					 municipal claims and liens,
					 53
					 P. S. §
												7391 et seq.
Tax liens required to be filed by the Department of Revenue
					 continue without the necessity of revival. See the Act of April 9, 1929, P. L.
					 343, No. 176, §
											1404.1, added by Section 5 of the
					 Act of December 12, 1994, P. L. 1015, No. 138,
					 72
					 P. S. §
												1404.1.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter B - REVIVAL OF JUDGMENTS › Rule 3025.1 - Consolidation of Judgments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  judgment creditor who holds two or more judgments entered against the same
				  person in the same county may consolidate the judgments by filing
(1) a single praecipe requesting the issuance
				  of a single consolidated writ of revival, or
(2) an agreement to enter a consolidated
				  judgment and revive the lien thereof.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter B - REVIVAL OF JUDGMENTS › Rule 3026 - Parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The caption
				  shall contain the name of the original defendant and any terre-tenant against
				  whom the plaintiff seeks to revive the lien of the judgment.
(b) If the judgment has been assigned or
				  transferred, the caption shall contain the name of the original judgment
				  plaintiff and the name of the real party in interest.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter B - REVIVAL OF JUDGMENTS › Rule 3026.1 - Parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
				  provided by subdivision (b), if there is a judgment against two or more joint
				  defendants, no revival of the lien of the judgment shall be effective against
				  any of such defendants unless all joint defendants are made parties to the
				  revival proceedings.
(b) If all or
				  fewer than all joint defendants agree to be bound, the revival shall be
				  effective against all of the defendants so agreeing.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter B - REVIVAL OF JUDGMENTS › Rule 3026.2 - Parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in Rule
				  3025 et seq., a terre-tenant is a person other than the original defendant in
				  whom title to real property subject to a lien provided by the Rules of Civil
				  Procedure has vested.
See the following rules of civil procedure providing for
					 liens upon real property: Rule 3022 (lien of a verdict or order), Rule 3023
					 (lien of a judgment), Rule 3027 (lien of a writ of revival or an agreement to
					 revive), Rule
					 3131.1 (lien of a judgment of
					 revival) and Rule 3104 (lien of a writ of execution).
(b) The term "terre-tenant" shall not include
(1) any person claiming under or whose claim
				  of title passes through a deed which is not recorded in the county where the
				  real property is located, or
(2)
				  any person claiming under or through a deceased defendant or terre-tenant whose
				  will has not been filed with, or letters of administration on whose estate have
				  not been issued by, the register of wills or orphans' court of such
				  county.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter B - REVIVAL OF JUDGMENTS › Rule 3026.3 - Revival of Lien of Judgment as to Property of Terre-Tenants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided by subdivision (b), if
				  an interest in real property subject to a lien of a judgment has been acquired
				  by a terre-tenant, then the lien of the judgment on the property shall be
				  revived only if the terre-tenant within the five-year period of Rule 3023(c) or
				  Rule 3031.1(a) joins
				  in an agreement to revive or is made a party to the writ of revival.
(b) If a writ of revival or an agreement to
				  revive is entered in the judgment index against the defendant at a time when a
				  terre-tenant's deed or other evidence of title is of record, but without the
				  joinder of the terre-tenant, the lien of the judgment may be revived as to the
				  terre-tenant within five years after the recording of the terre-tenant's deed
				  or other evidence of title by (1) agreement between the plaintiff and the
				  terre-tenant alone or between the plaintiff, defendant and terre-tenant, or (2)
				  a writ of revival issued against the terre-tenant alone, or against the
				  defendant and terre-tenant jointly. The lien shall continue as to the
				  terre-tenant for the same period as it continues against the defendant, when it
				  must be revived against both parties.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter B - REVIVAL OF JUDGMENTS › Rule 3027 - Writ of Revival

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
				  issuance of the writ of revival or the filing of an agreement to revive, the
				  prothonotary shall enter it in the judgment index against each defendant and
				  terre tenant named therein.
(b) The
				  writ or agreement, when entered in the judgment index shall
(1) continue the lien upon real property
				  located in the county which is subject to the lien of the judgment which is
				  sought to be revived,
(2) create a
				  lien upon all other real property located in the county, title to which at the
				  time of entry in the judgment index is recorded in the name of the defendant,
				  and
(3) create a lien upon all
				  other real property located in the county, title to which at the time of entry
				  in the judgment index is recorded in the name of a terre-tenant, and which was
				  subject to the lien of the judgment sought to be revived but the lien lapsed
				  prior to the entry of the writ or agreement in the judgment index.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter B - REVIVAL OF JUDGMENTS › Rule 3028 - Service of the Writ

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The writ
				  shall be served within ninety days after its issuance by the sheriff by handing
				  a copy in the manner provided by Rule 402 or by mailing a copy in the manner
				  provided by Rule 403.
(b) If
				  service cannot be made as provided by subdivision (a), then service may be made
(1) in the manner prescribed by order of
				  court pursuant to Rule 430(a), or
(2) by publication in the manner prescribed
				  by Rule 430(b) upon the filing of an affidavit showing reasonable efforts to
				  make service pursuant to subdivision (a) and the reasons why such service could
				  not be made.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter B - REVIVAL OF JUDGMENTS › Rule 3029 - Reissuance and Substitution of Writ

Current through Register Vol. 54, No. 28, July 13, 2024
The writ may be reissued or substituted as in a civil
					 action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter B - REVIVAL OF JUDGMENTS › Rule 3030 - Pleading

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The writ shall
				  be the equivalent of a complaint in a civil action. The rules relating to a
				  civil action so far as applicable shall govern further proceedings. No
				  counterclaim may be asserted.
(b)
				  Except as provided by subdivision (c), the lien of the writ shall continue
				  during the further proceedings.
(c)
				  If judgment cannot be entered on the writ within a period of five years after
				  the entry of the writ in the judgment index because of the further proceedings,
				  the court before which the further proceedings are pending may enter an order
				  continuing the lien of the writ for a period not exceeding five years. The
				  order shall become effective when entered in the judgment index.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter B - REVIVAL OF JUDGMENTS › Rule 3031 - Judgment upon Default or Admission

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The prothonotary, on praecipe of the
				  plaintiff, shall enter judgment against a defendant or terre tenant for failure
				  within the required time to plead to the writ or for any relief admitted to be
				  due by the defendant's or terre tenant's pleading. The prothonotary shall
				  assess damages as directed in the praecipe for judgment.
(b) In all cases the court, on motion of a
				  party, may enter an appropriate judgment against a party upon default or
				  admission.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter B - REVIVAL OF JUDGMENTS › Rule 3031.1 - Judgment of Revival

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A judgment
				  of revival when entered in the judgment index shall continue or create a lien
				  as provided by Rule 3027(b) governing the lien of a writ of revival. The lien
				  shall continue for five years from the date the judgment was entered in the
				  judgment index unless the judgment is sooner discharged or the lien is sooner
				  revived.
(b) If an interest in real
				  property subject to the lien of a judgment has been acquired by a terre-tenant,
				  a judgment of revival entered against the terre-tenant shall not be a personal
				  judgment against the terre-tenant and shall not extend to any other property of
				  the terre-tenant.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter C - FORMS › Rule 3032 - Praecipe for Writ of Revival

Current through Register Vol. 54, No. 28, July 13, 2024
The praecipe for writ of revival shall be substantially in
					 the following form:
(Caption)
PRAECIPE FOR WRIT OF REVIVAL
To the Prothonotary:
Issue writ of revival of lien of judgment entered at
					 ___________
(Court, Number)
in the judgment index against
					 ______________________________________
(Name of Defendant(s))
______________________________________
(Name of Terre-Tenant(s))
in the amount of $ ____________ with interest from
					 ____________.
____________
Attorney for Plaintiff
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter C - FORMS › Rule 3033 - Writ of Revival

Current through Register Vol. 54, No. 28, July 13, 2024
The writ of revival shall be substantially in the following
					 form:
[CAPTION]
WRIT OF REVIVAL
TO _________________________ :
(Name of Defendant(s) and Terre- Tenant(s))
(1) You are notified that the plaintiff has
				  commenced a proceeding to revive the lien of the judgment entered at
				  ____________ .
(Court, Term, Number)
(2) The plaintiff claims that the amount due
				  and unpaid is $ ___ with interest from ____________.
(3) You are required within twenty (20) days
				  after service of this writ to file an answer or otherwise plead to this writ.
				  If you fail to do so judgment of revival in the amount claimed by the plaintiff
				  may be entered without a hearing and you may lose your property or other
				  important rights.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
					 DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
					 OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
					 ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
					 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
____________
(Name of Office)
____________
(Address of Office)
____________
(Telephone Number)
Date: ___
______________________________________
(Name of Prothonotary (Clerk))
By
								______________________________________
(Deputy)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter C - FORMS › Rule 3034 - Agreement to Revive

Current through Register Vol. 54, No. 28, July 13, 2024
The agreement to revive shall be substantially in the
					 following form:
[Caption]
AGREEMENT TO REVIVE
The undersigned hereby agree(s) that the lien of the
					 judgment entered on ____________________
(Date)
at ____________
(Court, Number)
be revived and authorize(s) the prothonotary to enter in
					 the judgment index a judgment of revival in the amount of $ ___ plus
					 costs.
Signed and dated ____________ :
____________
(Defendants(s))
____________
(Terre-Tenant(s))
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter C - FORMS › Rule 3048 - Acts of Assembly not Suspended

Current through Register Vol. 54, No. 28, July 13, 2024
The Rules governing the Revival of Judgment Liens shall not
					 be deemed to suspend or affect:
(1)
				  Section 9 of the Act of May 16, 1923, P. L. 207, as amended,
				  53
				  P. S. §
											7143;
(2) Section 15 of the Act approved May 16,
				  1923, P. L. 207, as amended,
				  53
				  P. S. 7183 insofar as it authorizes revival
				  of municipal claims by suggestion of nonpayment and averment of
				  default;
(3) Section 1404 of the
				  Fiscal Code of April 9, 1929, P. L. 343as amended,
				  72
				  P. S. 1404;
(4) Section
				  1404.1 of the Act of April 9,
				  1929, P. L. 343, No. 176, added by Section 5 of the Act of December 12, 1994,
				  P. L. 1015, No. 138,
				  72
				  P. S. §
											1404.1;
(5) Section 605 of the Act of October 28,
				  1966, Special Session No. 1, P. L. 55, known as the Goods and Services
				  Installment Sales Act, added by Section 6 of the Act of March 25, 1982, P. L.
				  199, No. 68,
				  69
				  P. S. §
											1605;
(6) Section 3382 of the Probate, Estates and
				  Fiduciaries Code,
				  20 Pa.C.S. §
											3382;
(7) Section 4352(d) and (d.1) of the Domestic
				  Relations Code,
				  23 Pa.C.S. §
											4352(d) and (d.1);
(8) Section 5526(1) of the Judicial Code,
				  42 Pa.C.S. §
											5526(1);
(9) And all other Acts or parts of Acts
				  authorizing special procedures for the revival of judgment liens in favor of
				  the Commonwealth or political subdivisions.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter C - FORMS › Rule 3049.1 - Abolition of Practice and Procedure Under Repealed Statutes

Current through Register Vol. 54, No. 28, July 13, 2024
The practice and procedure provided in the following Acts
					 of Assembly which have been repealed by the Judiciary Act Repealer Act (JARA),
					 Act of April 28, 1978, No. 53, are hereby abolished and shall not continue as
					 part of the common law of the Commonwealth:
(1) Sections 1 and 2 of the Act of March 23,
				  1877, P. L. 34,
				  12
				  P. S. §§
											861,
				  862.
(2) Section 1 of the Act of April 22, 1909,
				  P. L. 112,
				  12
				  P. S. §
											875(921).
(3) Sections 2 through 7 inclusive of the Act
				  of July 3, 1947, P. L. 1234, No. 504, known as the Judgment Lien Law,
				  12
				  P. S. §§
											878 through
				  883.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter C - FORMS › Rule 3051 - Relief from Judgment of Non Pros

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Relief
				  from a judgment of non pros shall be sought by petition. All grounds for
				  relief, whether to strike off the judgment or to open it, must be asserted in a
				  single petition.
(b) Except as
				  provided in subdivision (c), if the relief sought includes the opening of the
				  judgment, the petition shall allege facts showing that
(1) the petition is timely filed,
(2) there is a reasonable explanation or
				  legitimate excuse for the conduct that gave rise to the entry of judgement of
				  non pros, and
(3) there is a
				  meritorious cause of action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3101 - Definitions. Garnishee. Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As
				  used in this chapter
"judgment" means a judgment or order requiring the payment
					 of money entered in any court which is subject to these rules, including a
					 final or interlocutory order for payment of costs, except a judgment against
					 the Commonwealth or a political subdivision;
"plaintiff" means the holder of a judgment;
"political subdivision" means a municipal or other local
					 authority. See Definition Rule 76.
"defendant" means any party against whom a judgment has
					 been entered;
"security" means a security as defined by the Uniform
					 Commercial Code;
"document of title" means a negotiable document of title as
					 defined in the Uniform Commercial Code.
(b) Any person may be a garnishee and shall
				  be deemed to have possession of property of the defendant if the person
(1) owes a debt to the defendant;
(2) has property of the defendant in his or
				  her custody, possession or control;
(3) holds as fiduciary property in which the
				  defendant has an interest;
(4)
				  holds the legal title to property of the defendant whether or not in fraud of
				  creditors; or
(5) owns or possesses
				  real property subject to a mortgage, judgment or other lien in which defendant
				  has an interest.
As to second class townships, see Second Class Township
					 Code of May 1, 1933, P. L. 103, No. 69, § 3205, as amended,
					 53
					 P. S. §
													68205.
As to boroughs, see the Borough Code of February 1, 1966,
					 P. L. (1965)
___
, No. 581, § 1303, as amended,
					 53
					 P. S. §
													46303.
As to school districts, see the Act of March 10, 1949, P.
					 L. 30, § 611, as amended,
					 24
					 P. S. §
													6-611. As to municipal
					 authorities, state highway authorities, bridge authorities, parking
					 authorities, public housing authorities, General State Authority, and other
					 like public corporations, see the various applicable acts creating them,
					 limiting the remedies of both bondholders and creditors.
The following Acts of Assembly were repealed by the
					 Judiciary Act Repealer Act (JARA). Pursuant to Section (3)(b) of that Act,
					 42 Pa.C.S. §
													20003(b), these statutes
					 remain part of the common law of the Commonwealth. For an example of the
					 application of Section 3(b) of the Act, see
Ricci v. Cuisine Management
					 Services
, 423 Pa. Super Ct. 371, 621 A.2d 163, 165 (1993).
The County Code of August 9, 1955, P. L. 323, § 2804,
					 16P. S. § 2804, as amended.
The Act of July 28, 1953, P. L. 723, § 3204, 16P. S.
					 § 6204 pertaining to second class counties.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3101.1 - Property Subject to Execution. Execution Within and After Five Years

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) Execution may issue within five years
				  after entry of the judgment sought to be enforced or any judgment of revival or
				  agreement to revive, against
(i) real
				  property which is subject to the lien of the judgment, and
(ii) real property, title to which at the
				  time of the entry of the writ of execution in the judgment index is recorded in
				  the name of the person against whom the judgment is
				  entered.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3101.2 - Obligation Secured by Real and Personal Property. Plaintiff's Election to Proceed against Both in Accordance with Its Rights against the Real Property

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) A money judgment on an obligation secured
				  by a mortgage which grants a mortgage lien on an estate, leasehold or interest
				  in land and also a security interest in personal property, at the election of
				  the plaintiff, may be enforced against both in one proceeding pursuant to the
				  rules of this chapter governing execution against real property.
(2) A claim that any tangible personal
				  property levied upon pursuant to a writ of execution is the property of a
				  person other than the defendant in the execution shall proceed in accordance
				  with Rule 3201 et seq. governing sheriff's interpleader.
For a similar provision applicable to the enforcement of a
					 judgment of mortgage foreclosure, see Rule 3180(b).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3102 - Writ of execution

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in Rule 3250, a judgment shall be
					 enforced by a writ of execution substantially in the form provided by Rule
					 3252.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3103 - Commencement; issuance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Execution shall be commenced by filing a praecipe for a writ of execution with
				  the prothonotary of any county in which judgment has been entered. Except as
				  otherwise prescribed by Rule 2963 governing a judgment entered by confession,
				  the praecipe shall be in the form prescribed by Rule 3251.
(b) A writ issued by the prothonotary of the
				  county in which judgment was entered originally or by transfer or certification
				  from another court in the same county may be directed to the sheriff of any
				  county within the Commonwealth.
(c)
				  When a judgment is transferred to another county, a writ issued by the
				  prothonotary of the transferee county may be directed only to the sheriff of
				  his county.
(d) Writs may be issued
				  at the same or different times or to the sheriffs of different counties without
				  a prior return of any outstanding writ.
(e) Upon issuance of the writ the
				  prothonotary shall transmit it directly to the sheriff to whom it is directed
				  or upon plaintiff's request deliver it to the plaintiff or the plaintiff's
				  representative for transmittal.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3104 - Writ of Execution. Entry. Lien

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1)
				  When issuing the writ, the prothonotary shall enter it against the defendant in
				  the judgment index. The writ, when entered, shall
(i) continue the lien upon real property
				  which is then subject to the lien of the judgment, and
(ii) create a lien on real property acquired
				  by the defendant subsequent to the entry of the judgment, located in the
				  county, title to which at the time of entry of the writ is recorded in the name
				  of the defendant.