reglab/statecodes huggingface dataset:
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 3143 - Dissolution of attachment; release of property; bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An attachment is not dissolved by the
				  death or dissolution of a defendant or garnishee.
(b)
(1) An
				  attachment is dissolved when any person or party
(i) files with the prothonotary a bond, with
				  security approved by the prothonotary, in the amount of plaintiff's judgment,
				  including probable interest and costs, or in such lesser amount as the court
				  may direct, naming the Commonwealth of Pennsylvania as obligee, conditioned to
				  pay the plaintiff the amount finally determined to be due by the garnishee or
				  the value of the property whichever is less, or
(ii) deposits with the prothonotary, or with
				  the sheriff for the prothonotary, to be held by the prothonotary or the sheriff
				  upon the same condition as the bond, security in the form of legal tender of
				  the United States in an amount equal to the plaintiff's judgment, including
				  probable interest and costs, or in such lesser amount as the court may
				  direct.
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 3144 - Interrogatories to garnishee

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  plaintiff may, at the time of issuance of the writ or thereafter, file and
				  serve interrogatories directed to the garnishee respecting property of the
				  defendant in the garnishee's possession. The plaintiff in the interrogatories
				  may require the garnishee to include in the answer, so far as relevant, the
				  names and addresses of persons taking part in any transaction, the specific
				  amount of any debt, the value and location of any property and the nature and
				  amount of consideration given for any transfer of property.
(b) The interrogatories shall contain a
				  notice to answer within twenty days after service.
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 3145 - Interrogatories; procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  procedure between the plaintiff and the garnishee shall, as far as practicable,
				  be the same as though the interrogatories were a complaint and the answer of
				  the garnishee were an answer in a civil action.
(b) The garnishee in the answer under "new
				  matter" may include
(1) the defenses of the
				  immunity or exemption of property;
(2) any defense or counterclaim which the
				  garnishee could assert against the defendant if sued by the defendant but the
				  garnishee may not assert any defense on behalf of the defendant against the
				  plaintiff or otherwise attack the validity of the attachment;
(3) any claim which the garnishee could
				  assert against the plaintiff if sued by the plaintiff.
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 3147 - Judgment against garnishee on pleadings or after trial

Current through Register Vol. 54, No. 28, July 13, 2024
If the court enters judgment for the plaintiff and against
					 the garnishee upon pleadings or after trial, the judgment shall be for the
					 property of the defendant found to be in the garnishee's possession, but no
					 money judgment entered against the garnishee shall exceed the amount of the
					 judgment of the plaintiff against the defendant together with interest and
					 costs.
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 3148 - Content of judgment against garnishee; execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A judgment entered against the garnishee
				  under Rules 3146(b) or 3147, shall
(1) be in
				  the form of a money judgment if the garnishee owes a debt to the
				  defendant;
(2) specify any other
				  property of the defendant in the possession of the garnishee; and
(3) be in the form of a charging order in the
				  case of attachment against a partnership interest.
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 3149 - Objection to security

Current through Register Vol. 54, No. 28, July 13, 2024
The court on the petition of any person or party may at any
					 time after notice and hearing
(1)
				  review the action of the prothonotary or sheriff in approving or rejecting any
				  bond or security offered;
(2)
				  increase or decrease the amount of any bond or security;
(3) strike off a bond improperly filed;
				  or
(4) permit the substitution of a
				  bond or security and enter exoneration of a prior bond.
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 3159 - Acts of Assembly not suspended

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following Acts of Assembly shall not
				  be deemed suspended or affected:
(1) Section
				  428 of the Act approved June 2, 1915, P. L. 736, as amended,
				  77
				  P. S. §
												951.
(2) Section 1 of the Act approved May 7,
				  1929, P. L. 1589, as amended,
				  68
				  P. S. §
												322.
(3) Section 1711 of the Act of June 24, 1931,
				  P. L. 1206, as amended,
				  53
				  P. S. §
												56711.
(4) Section 3205 of the Act of May 1, 1933,
				  P. L. 103, No. 69, as amended,
				  53
				  P. S. §
												68205.
(5) Section 712 of the Act of May 15, 1933,
				  P. L. 565, as amended,
				  71
				  P. S. §
												733-712.
(6) Section 1 of the Act approved May 24,
				  1933, P. L. 987,
				  40
				  P. S. §
												117.
(7) Section 21 of the Act approved April 6,
				  1937, P. L. 200,
				  63
				  P. S. §
												281-21.
(8) Section 611 of the Act of March 10, 1949,
				  P. L. 30, as amended,
				  24
				  P. S. §
												6-611.
(9) As to boroughs, see the Borough Code of
				  February 1, 1966, P. L. (1965) ___ , No. 581, as amended,
				  53
				  P. S. §
												46303.
(10) Any Act of Assembly providing immunity
				  or exemption of property from execution.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTION OF EJECTMENT › Rule 3160 - Judgment; execution

Current through Register Vol. 54, No. 28, July 13, 2024
A judgment for possession shall be enforced by a writ of
						possession substantially in the form provided by Rule 3254. If the judgment
						includes rents, profits or damages, execution for such rents, profits or
						damages shall be in accordance with the rules governing the enforcement of
						judgments for the payment of money.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTION OF EJECTMENT › Rule 3161 - Conformity to rules governing enforcement of judgments for payment of money

Current through Register Vol. 54, No. 28, July 13, 2024
The procedure for the enforcement of a judgment for
						possession shall be in accordance with the rules governing the enforcement of
						judgments for the payment of money with respect to the following:
(a) Commencement and Issuance of Writ:-Rules
					 3103(e) and 3105.
(b) Substitution,
					 Reissuance and Expiration of Writ:-Rules 3106(b) and 3106(d).
(c) Security for Sheriff:-Rule
					 3116.
(d) Supplementary Relief in
					 Aid of Execution:-Rule 3118, insofar as applicable.
(e) Sheriff's Expenses and Fees, Recovery as
					 Costs, Abandonment of Writ for Nonpayment:-Rule 3138.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTION OF EJECTMENT › Rule 3161.1 - Commencement

Current through Register Vol. 54, No. 28, July 13, 2024
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
						2974.1 governing a judgment
						entered by confession, the praecipe shall be in the form prescribed by Rule
						3254.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTION OF EJECTMENT › Rule 3162 - Stay of execution; setting aside execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Execution shall be stayed as to all or
					 any part of the property of the defendant
(1)
					 upon written direction of the plaintiff to the sheriff;
(2) upon a showing of exemption or immunity
					 of property from execution;
(3)
					 upon a showing of a right to a stay under the provisions of an Act of Congress
					 or an Act of Assembly.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTION OF EJECTMENT › Rule 3163 - Possession of real property located in more than one county

Current through Register Vol. 54, No. 28, July 13, 2024
Where the real property consists of a single tract of
						land which lies in more than one county, the sheriff of the county in which the
						writ of possession issues may execute the writ in all counties in which the
						land lies. Deputization of the sheriff of another county shall not be
						required.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTION OF EJECTMENT › Rule 3164 - Sheriff's return

Current through Register Vol. 54, No. 28, July 13, 2024
The sheriff shall make a return upon completion or
						abandonment of the execution proceedings.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTION OF EJECTMENT › Rule 3165 - Reentry by defendant; new writ of possession

Current through Register Vol. 54, No. 28, July 13, 2024
After execution and return of the writ, if the defendant
						shall reenter into possession, the prothonotary, upon praecipe and affidavit
						setting forth the facts, filed within three years after the return of the writ
						on which execution was completed, shall issue a new writ of
						possession.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTIONS OF REPLEVIN › Rule 3170 - Judgment; enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
					 judgment is entered for the party in possession, that party may recover damages
					 and costs by execution or by recovery upon the bond.
(b) If judgment is entered for a party not in
					 possession, that party may obtain possession of the property by a writ of
					 possession, or in the alternative may obtain the value of the property by
					 execution on the judgment or by recovery upon the bond. In any case, the party
					 may recover damages and costs by execution or by recovery upon the
					 bond.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTIONS OF REPLEVIN › Rule 3171 - Conformity to rules governing enforcement of judgments for payment of money

Current through Register Vol. 54, No. 28, July 13, 2024
The procedure for the enforcement of a judgment for
						possession shall be in accordance with the rules governing the enforcement of
						judgments for the payment of money with respect to the following:
(a) Commencement and Issuance of Writ:-Rules
					 3103(a), 3103(e) and 3105.
(b)
					 Substitution, Reissuance and Expiration of Writ:-Rules 3106(a), 3106(b) and
					 3106(d).
(c) Security for
					 Sheriff:-Rule 3116.
(d) Discovery
					 in Aid of Execution:-Rule 3117.
(e)
					 Supplementary Relief in Aid of Execution:-Rule 3118, insofar as
					 applicable.
(f) Sheriff's Expenses
					 and Fees, Recovery as Costs, Abandonment of Writ for Nonpayment:-Rule
					 3138.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTIONS OF REPLEVIN › Rule 3172 - Stay of execution; setting aside execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Execution shall be stayed as to all or
					 any part of the property of the defendant
(1)
					 upon written direction of the plaintiff to the sheriff;
(2) upon a showing of exemption or immunity
					 of property from execution;
(3)
					 upon a showing of a right to stay under the provisions of an Act of Congress or
					 an Act of Assembly.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTIONS OF REPLEVIN › Rule 3173 - Sheriff's return

Current through Register Vol. 54, No. 28, July 13, 2024
The sheriff shall make a return upon completion or
						abandonment of the execution proceedings.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTION OF MORTGAGE FORECLOSURE › Rule 3180 - Judgments; execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Judgment shall be enforced by a writ of execution substantially in the form
					 provided by Rule 3257.
(b) If the
					 plaintiff is proceeding against both personal and real property covered by a
					 mortgage as provided by Section 9604(a) of the Uniform Commercial Code and has
					 complied with the pleading requirements of Rule 1147(b), the judgment may be
					 enforced in one execution proceeding against both the personal and real
					 property pursuant to the rules of this chapter governing execution on real
					 property.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTION OF MORTGAGE FORECLOSURE › Rule 3181 - Conformity to rules governing enforcement of judgments for payment of money

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The procedure
					 for the enforcement of a judgment against real property shall be in accordance
					 with the rules governing the enforcement of judgments for the payment of money
					 with respect to the following:
(1)
					 Commencement and Issuance of Writ:-Rules 3103(a), 3103(e), and 3105.
(2) Substitution, Reissuance and Expiration
					 of Writ:-Rules 3106(a) 3106(b) and 3106(d).
(3) Security for Sheriff:-Rule
					 3116.
(4) Supplementary Relief in
					 Aid of Execution:-Rule 3118, insofar as applicable.
(5) Abandonment of Levy:-Rule 3120.
(6) Notice of Sale, Stay, Continuance:-Rule
					 3129.1 through .3.
(7) Sale of
					 Mortgaged Property Located in More than One County:-Rule 3131.
(8) Setting Aside Sale:-Rule 3132.
(9) Lien Creditors as Purchasers:-Rule
					 3133.
(10) Sheriff's Deed,
					 Distribution of Proceeds:-Rules 3135 and 3136.
(11) Sheriff's Expenses and Fees, Recovery as
					 Costs, Abandonment of Writ for Nonpayment:-Rule 3138.
(12) Sheriff's Return:-Rules 3139(a)(1),
					 3139(c) and 3139(d).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTION OF MORTGAGE FORECLOSURE › Rule 3182 - Service of writ; levy

Current through Register Vol. 54, No. 28, July 13, 2024
Service of the writ shall be made by the sheriff noting
						upon the writ a brief description of the mortgaged property and a statement
						that the sheriff has levied upon defendant's interest therein.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTION OF MORTGAGE FORECLOSURE › Rule 3183 - Stay of execution; setting aside execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Execution shall be stayed as to all or
					 any part of the property of the defendant
(1)
					 upon written direction of the plaintiff to the sheriff;
(2) upon a showing of exemption or immunity
					 of property from execution;
(3)
					 upon a showing of a right to a stay under the provisions of an Act of Congress
					 or an Act of Assembly.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTIONS UPON MECHANICS' LIENS MUNICIPAL AND TAX CLAIMS AND CHARGES ON LAND › Rule 3190 - Judgment; execution

Current through Register Vol. 54, No. 28, July 13, 2024
A judgment in rem in an action or proceeding upon a
						mechanics' lien, municipal claim, tax claim or a charge on land shall be
						enforced against the real property subject to the lien, claim or charge in
						accordance with Rules 3180 to 3183 governing the enforcement of judgments in
						mortgage foreclosure.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTIONS UPON MECHANICS' LIENS MUNICIPAL AND TAX CLAIMS AND CHARGES ON LAND › Rule 3191 - Acts of Assembly

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 rules governing the enforcement of a judgment in rem in an action or proceeding
					 upon a mechanics' lien, municipal claim, tax claim or charge on land shall not
					 be deemed to suspend or affect:
(1) Mechanic's
					 Liens.
(i) Sections 303(c) and 508 of the Act
					 of August 24, 1963, P. L. 1175, No. 497, 49 §§ 1303(c) and
					 1508.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › SHERIFF'S INTERPLEADER › Rule 3201 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
These rules govern the procedure in sheriff's
						interpleader when tangible personal property levied upon pursuant to a writ of
						execution is claimed to be the property of a person other than the defendant in
						the execution.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › SHERIFF'S INTERPLEADER › Rule 3202 - Property claim

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A claim to
					 tangible personal property levied upon pursuant to a writ of execution shall be
					 in writing and substantially in the form provided by Rule 3258 and shall be
					 filed with the sheriff prior to any execution sale of the property
					 claimed.
(b) The claim shall be
					 signed by the claimant or some one on the claimant's behalf, and shall set
					 forth
(1) a list of the property claimed
					 sufficient to identify it;
(2) an
					 estimate of the value of the property;
(3) a statement of the source of the
					 claimant's ownership of the property.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › SHERIFF'S INTERPLEADER › Rule 3203 - Notice of claim; request for appraisal; stay of sale

Current through Register Vol. 54, No. 28, July 13, 2024
When a claim is filed, the sheriff shall stay the
						execution against the claimed property and forthwith send a copy of the claim
						by ordinary mail to the plaintiff, the defendant, and all other execution
						creditors and claimants of the property, together with a notice substantially
						in the form provided by Rule 3259, that unless a party in interest requests an
						appraisal the sheriff, without making an appraisal will accept the value of the
						property set forth in the claim. The filing of the claim shall not stay
						execution as to property not included in the claim.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › SHERIFF'S INTERPLEADER › Rule 3204 - Sheriff's determination of claimant's title

Current through Register Vol. 54, No. 28, July 13, 2024
Within ten days after the claim is filed the sheriff
						shall, with or without formal hearing, determine whether the claimant is prima
						facie the owner of the property in whole or in part.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › SHERIFF'S INTERPLEADER › Rule 3205 - Appraisal of property; appraisal fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless a party in interest files a
					 request for appraisal with the sheriff within ten days after the date specified
					 in the sheriff's notice, the sheriff without making an appraisal shall accept
					 the value of the property set forth in the claim.
(b) A party requesting an appraisal shall
					 advance the sheriff's appraisal fee. The sheriff shall then appraise the
					 property and immediately give notice of the amount of the appraisal by ordinary
					 mail to all parties to whom the sheriff's notice was mailed. The sheriff or any
					 party in interest may apply to the court for an order fixing a special
					 appraisal fee where the appraisal of a large quantity of property or the
					 services of experts shall be required.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › SHERIFF'S INTERPLEADER › Rule 3206 - Sheriff's determination in favor of claimant; objections; amount of bond; delivery of property; interpleader

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the sheriff determines that the
					 claimant is prima facie the owner of the property in whole or in part, the
					 sheriff shall file in the prothonotary's office the claim, the determination of
					 ownership including the valuation of the property, and shall send by ordinary
					 mail copies of the determination and valuation to the claimant, the plaintiff,
					 the defendant, and all other execution creditors and claimaints of the
					 property.
(b) Any execution
					 creditor or defendant may, within ten days after the date of mailing of the
					 copy of the determination and valuation, file with the prothonotary, and with
					 the sheriff an objection to the determination substantially in the form
					 provided by Rule 3260. The sheriff shall send by ordinary mail a copy of the
					 objection to all other parties. Upon the filing of the objection an
					 interpleader shall be at issue in which the claimant shall be the plaintiff and
					 all other parties in interest shall be defendants. The only pleading shall be
					 the claim, all averments of which shall be deemed to be denied.
(c) If no objection is filed the levy on the
					 claimed property shall be deemed abandoned.
(d) Upon abandonment of the levy, the sheriff
					 shall return the claimed property to the person from whom it was taken. If the
					 claimed property was found in the possession of a person other than the
					 claimant, the sheriff shall, before returning it, give forty-eight hours notice
					 to the claimant of the abandonment of the levy and the intention to return the
					 property to a person other than the claimant.
(e) If an execution creditor or a defendant
					 files an objection, the claimed property shall remain subject to the levy
					 unless the claimant within ten days from the filing of the objection files a
					 bond as provided in Rules 3207(d) and 3208, in which event the sheriff shall
					 withdraw all levies on the claimed property and deliver the same as provided in
					 Rule 3207(d).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › SHERIFF'S INTERPLEADER › Rule 3207 - Sheriff's determination against claimant; objection; amount of bond; delivery of property; interpleader

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the sheriff determines that the
					 claimant is prima facie not the owner of the property in whole or in part, the
					 sheriff shall file in the prothonotary's office the claim, the determination of
					 ownership including the valuation of the property, and shall send by ordinary
					 mail copies of the determination and valuation to the claimant, the plaintiff,
					 the defendant, and all other execution creditors and claimants of the
					 property.
(b) The claimant may,
					 within ten days after the date of the mailing of the copy of the determination
					 and valuation, file with the prothonotary and with the sheriff an objection to
					 the determination substantially in the form provided by Rule 3260, with or
					 without bond. The sheriff shall send by ordinary mail a copy of the objection
					 to all other parties. Upon the filing of the objection an interpleader shall be
					 at issue in which the claimant shall be the plaintiff and all other parties in
					 interest shall be defendants. The only pleading shall be the claim, all
					 averments of which shall be deemed to be denied.
(c) If no objection is filed the claim shall
					 be deemed abandoned and the sheriff shall proceed with the execution against
					 the property without further order of court.
(d) If the claimant files an objection with
					 bond in a sum double the valuation of the property as determined by the sheriff
					 or double the amount due under all writs of execution against the defendant on
					 which the sheriff has levied, whichever is smaller, the sheriff unless
					 otherwise ordered by the court shall withdraw all levies on the claimed
					 property. Upon payment by the claimant of the sheriff's costs, if any, for
					 keeping and transporting the property, the sheriff shall deliver it to the
					 person from whom it was taken, provided that, if the property was taken from a
					 person other than the claimant and the claimant desires possession thereof, the
					 sheriff shall deliver it to the claimant if the claimant elects to file a bond
					 in double the valuation of the property.
(e) If the claimant files an objection
					 without bond the property shall remain subject to the levy and shall be sold in
					 execution, unless otherwise ordered by the court. The proceeds shall be
					 retained by the sheriff or paid into court until the determination of the
					 interpleader.
(f) In appropriate
					 cases the court may order the property impounded.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › SHERIFF'S INTERPLEADER › Rule 3208 - Bond; more than one execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 bond shall name the Commonwealth of Pennsylvania as obligee, with security
					 approved by the prothonotary, and shall be conditioned that claimant shall
					 maintain the claim to the property or pay its value to the persons entitled
					 thereto with costs.
(b) The
					 claimant may file a bond without security and without order of court as to
					 household goods and furnishings levied on by the sheriff in the household of
					 the claimant. The court may, upon petition of the claimant and after notice and
					 hearing, permit the filing of the claimant's own bond without security as to
					 any other property levied on by the sheriff.
(c) A claimant who files a bond in double the
					 valuation of the property shall not be required during the pendency of the
					 interpleader proceedings to file another bond in any subsequent execution
					 against the same property but the subsequent execution creditor shall be made a
					 party to the pending interpleader proceedings.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › SHERIFF'S INTERPLEADER › Rule 3209 - Objections to bond

Current through Register Vol. 54, No. 28, July 13, 2024
The court, upon petition filed by any party, and after
						notice and hearing, may
(1) review the
					 action of the prothonotary in approving or rejecting the security
					 offered;
(2) increase or decrease
					 the amount of any bond or require additional security for cause
					 shown;
(3) strike off a bond
					 improperly filed; or
(4) permit the
					 substitution of a bond and enter an exoneration of a prior bond.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › SHERIFF'S INTERPLEADER › Rule 3210 - Two or more claimants; issue; possession

Current through Register Vol. 54, No. 28, July 13, 2024
If two or more claimants of the same property become
						parties to an interpleader, the court on motion of any party shall enter an
						order framing the issues to be tried and directing the disposition of the
						property pending the determination of the interpleader.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › SHERIFF'S INTERPLEADER › Rule 3211 - Perishable property

Current through Register Vol. 54, No. 28, July 13, 2024
When perishable property has been claimed, the court,
						upon petition of the sheriff or any party in interest, may make such order
						relating to its preservation, sale or distribution as it shall deem
						proper.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › SHERIFF'S INTERPLEADER › Rule 3212 - Evidence as to value

Current through Register Vol. 54, No. 28, July 13, 2024
The valuation of the property set forth in the sheriff's
						determination of ownership shall be prima facie evidence of its value but the
						parties at a hearing under Rule 3209 or at a trial of the interpleader may show
						that its value is more or less.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › SHERIFF'S INTERPLEADER › Rule 3213 - Judgment

Current through Register Vol. 54, No. 28, July 13, 2024
The judgment in the interpleader proceedings shall
(1) determine the title to the claimed
					 property as among the parties to the interpleader,
(2) provide for the disposition of the
					 proceeds of sale thereof,
(3) fix
					 the amount of
(i) special damages sustained by
					 the claimant if the claimant has sustained the claim or
(ii) any liability of the claimant to whom
					 property has been delivered as to which the claimant has not sustained the
					 claim and
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › SHERIFF'S INTERPLEADER › Rule 3214 - Execution

Current through Register Vol. 54, No. 28, July 13, 2024
Any liability of the claimant included in the judgment
						may be enforced by execution on the judgment or by proceedings on the
						bond.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › SHERIFF'S INTERPLEADER › Rule 3216 - Trial without jury

Current through Register Vol. 54, No. 28, July 13, 2024
The trial of an interpleader by a judge sitting without a
						jury shall be in accordance with Rule 1038.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTS OF ASSEMBLY NOT SUSPENDED › Rule 3233 - Action upon mechanics' liens, municipal claims, tax claims, and charges on land

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › ACTS OF ASSEMBLY SUSPENDED › Rule 3245 - Action upon mechanic's liens, municipal claims, tax claims, and charges on land

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › FORMS › Rule 3251 - Praecipe for Writ of Execution

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided by Rule 2963 governing execution upon
						a judgment entered by confession, the praecipe for a writ of execution shall be
						substantially in the following form:
[Caption]
PRAECIPE FOR WRIT OF EXECUTION
To the Prothonotary:
Issue writ of execution in the above matter,
(1) directed to the sheriff of _____________
					 county;
(2) against _________ ,
					 defendant; and
(Name of Defendant)
(3) against ________________ , garnishee;
(Name of Garnishee)
(4) and enter this writ in judgment index
(a) against ________________, defendant, and
(Name of Defendant)
(b) against ________________, as garnishee,
					 as a lis pendens
(Name of Garnishee)
against real property of the defendant in name of
						garnishee as follows:
____________________
(Specifically describe property)
________________________________
(If space insufficient attach extra sheets)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › FORMS › Rule 3253 - Interrogatories in attachment

Current through Register Vol. 54, No. 28, July 13, 2024
Interrogatories of the plaintiff to the garnishee shall
						be substantially in the following form:
(Caption)
Interrogatories to Garnishee
To ____________ :
(Garnishee)
You are required to file answers to the following
						interrogatories within twenty (20) days after service upon you. Failure to do
						so may result in judgment against you:
1. At the time you were served or at any
					 subsequent time did you owe the defendant any money or were you liable to the
					 defendant on any negotiable or other written instrument, or did the defendant
					 claim that you owed the defendant any money or were liable to the defendant for
					 any reason?
2. At the time you were
					 served or at any subsequent time was there in your possession, custody or
					 control or in the joint possession, custody or control of yourself and one or
					 more other persons any property of any nature owned solely or in part by the
					 defendant?
3. At the time you were
					 served or at any subsequent time did you hold legal title to any property of
					 any nature owned solely or in part by the defendant or in which the defendant
					 held or claimed any interest?
4. At
					 the time you were served or at any subsequent time did you hold as fiduciary
					 any property in which the defendant had an interest?
5. At any time before or after you were
					 served did the defendant transfer or deliver any property to you or to any
					 person or place pursuant to your direction or consent and if so what was the
					 consideration therefore?
6. At any
					 time after you were served did you pay, transfer or deliver any money or
					 property to the defendant or to any person or place pursuant to the defendant's
					 direction or otherwise discharge any claim of the defendant against
					 you?
7. If you are a bank or other
					 financial institution, at the time you were served or at any subsequent time
					 did the defendant have funds on deposit in an account in which funds are
					 deposited electronically on a recurring basis and which are identified as being
					 funds that upon deposit are exempt from execution, levy or attachment under
					 Pennsylvania or Federal law? If so, identify each account and state the amount
					 of funds in each account, and the entity electronically depositing those funds
					 on a recurring basis.
8. If you are
					 a bank or other financial institution, at the time you were served or at any
					 subsequent time did the defendant have funds on deposit in an account in which
					 the funds on deposit, not including any otherwise exempt funds, did not exceed
					 the amount of the general monetary exemption under
					 42 Pa.C.S. §
												8123? If
					 so, identify each account.
(The plaintiff may set forth additional appropriate
						interrogatories.)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › FORMS › Rule 3254 - Praecipe for writ of possession

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided by Rule
						2974.1 governing execution upon a
						judgment in ejectment entered by confession, the praecipe for a writ of
						possession shall be substantially in the following form:
[Caption]
PRAECIPE FOR WRIT OF POSSESSION
"To the Prothonotary:
"Issue writ of possession in the above matter.
" ____________
Attorney for "
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › FORMS › Rule 3255 - Writ of possession

Current through Register Vol. 54, No. 28, July 13, 2024
The writ of possession shall be substantially in the
						following form:
[Caption]
WRIT OF POSSESSION
"Commonwealth of Pennsylvania )
"County of ____________ )
"To the Sheriff of ____________ County:
(1) To satisfy the judgment for possession in
					 the above matter you are directed to deliver possession of the following
					 described property to ____________ :
______________________________________
(Specifically describe property)
Note
Description of property may be included in, or attached
						to, the writ.
(2) To satisfy
					 the costs against____________ you are directed to levy upon any property of
					 ____________ and sell his or her interest therein.
" __________
(Name of Prothonotary (Clerk))
Seal of the Court
Date ________
" __________
(Deputy)"
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › FORMS › Rule 3256 - Praecipe for writ; mortgage foreclosure

Current through Register Vol. 54, No. 28, July 13, 2024
The praecipe for a writ of execution in an action of
						mortgage foreclosure shall be substantially in the following form:
[Caption]
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
To the Prothonotary:
"Issue writ of execution in the above
								  matter:
Amount due
$ ___
Interest from
$ ___
[Costs to be added]
$ ___
" _________________________
Attorney for Plaintiff"
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › FORMS › Rule 3257 - Writ of execution; mortgage foreclosure

Current through Register Vol. 54, No. 28, July 13, 2024
The writ of execution in an action of mortgage
						foreclosure shall be substantially in the following form:
[Caption]
WRIT OF EXECUTION
"Commonwealth of Pennsylvania )
"County of ____________ )
"To the Sheriff of ___ County:
"To satisfy the judgment, interest and costs in the above
						matter you are directed to levy upon and sell the following described
						property:
(1)
					 ______________________________________
(Specifically describe real property)
(2) ______________________________________
______________________________________
(Specifically describe personal property when judgment
						results from a mortgage covering both personal and real property pursuant to
						Section 9604(a) of the Uniform Commercial Code)
Click to view
						image
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › FORMS › Rule 3258 - Property claim

Current through Register Vol. 54, No. 28, July 13, 2024
[Caption]
To the Sheriff:
1. The property listed below and levied upon
					 in this case is not the property of the defendant but is the property of the
					 undersigned. A list of the claimed property and the values thereof
					 are:
List of Property
Value
______________________________________
______________________________________
______________________________________
2. The
					 claimant obtained title to the property as follows:
______________________________________
______________________________________
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › FORMS › Rule 3259 - Sheriff's notice

Current through Register Vol. 54, No. 28, July 13, 2024
[Caption]
To the Defendant and all other parties in
						interest:
You are hereby notified that a property claim, a copy of
						which is attached hereto, has been filed by ____________ (Name) claiming
						property listed therein. Unless an appraisal of the property is requested
						within ten (10) days from the date of this notice, the sheriff without making
						an appraisal will accept the value of the property set forth in the
						claim.
Date: ____________
_________________________
(Sheriff of County)
By _________________________
(Deputy)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › FORMS › Rule 3260 - Objection to sheriff's determination

Current through Register Vol. 54, No. 28, July 13, 2024
[Capiton]
TO THE PROTHONOTARY
Enter objection to the sheriff's determination of
						ownership of the property:
Date: ______________ ____________________
(Objector, Attorney, or Agent)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › GENERAL PROVISIONS › Rule 3276 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
The rules of this chapter govern proceedings pursuant to
						Section 8103 of the Judicial Code,
						42 Pa.C.S. §
												8103,
						relating to deficiency judgments.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › GENERAL PROVISIONS › Rule 3277 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter,
(1) "prior lien amounts" means the amounts of
					 any prior liens, costs, taxes and municipal claims not discharged by the sale,
					 and the amounts of any such items paid at distribution on the sale;
(2) "special allocations" means the special
					 allocations required by Section 8103(f) of the Judicial Code;
(3) the following words shall have the
					 meanings set forth in Section 8103(g) of the Judicial Code: "judgment,"
					 "judgment creditor," and "nonconsumer judgment creditor."
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › GENERAL PROVISIONS › Rule 3278 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
The proceeding shall be brought in the county in which
						the real property which is sold is located as a supplemental proceeding in the
						execution proceeding in that county.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › GENERAL PROVISIONS › Rule 3279 - Commencement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The proceeding
					 shall be commenced by filing a petition which shall begin with the notice to
					 defend and set forth the averments required by Rule 3282 or Rule
					 3288.
(b) The petition shall
					 contain a caption setting forth
(1) the docket
					 number of the execution proceedings in which the real property was sold,
					 and
(2) the names of all
					 petitioners and respondents.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › GENERAL PROVISIONS › Rule 3280 - Answer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 provided by subdivision (b), an answer to a petition which contains a notice to
					 defend shall be filed within twenty days after service of the
					 petition.
(b) A respondent served
					 outside the United States shall have sixty days from service of the petition
					 within which to file an answer.
(c)
					 The answer to a petition shall be divided into paragraphs, numbered
					 consecutively, corresponding to the numbered paragraphs of the
					 petition.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › PROCEEDINGS UNDER SECTION 8103(A) TO FIX FAIR MARKET VALUE OF REAL PROPERTY SOLD › Rule 3281 - Parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The petition
					 shall name the judgment creditor as petitioner.
(b) The petition may name as respondent any
					 debtor, obligor, guarantor, mortgagor, and any other person directly or
					 indirectly liable to the judgment creditor for the payment of the debt, and any
					 owner of the property affected thereby.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › PROCEEDINGS UNDER SECTION 8103(A) TO FIX FAIR MARKET VALUE OF REAL PROPERTY SOLD › Rule 3282 - Petition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The petition
					 shall set forth:
(1) The name and address of
					 the judgment creditor,
(2) The name
					 and last known address of each respondent,
(3) a statement that the petition is filed
					 pursuant to Section 8103(a) of the Judicial Code,
(4) The court and number of the execution
					 proceedings, the original judgment and any judgment obtained by
					 transfer,
(5) The date the property
					 was struck down to the successful bidder and the date the sheriff's deed was
					 delivered,
(6) a description of the
					 real property and its location,
(7)
					 the fair market value of the real property,
(8) a description of all prior lien amounts
					 if the petitioner desires credit for such amounts,
(9) if the petition requests a special
					 allocation, a statement that the judgment creditor is a nonconsumer judgment
					 creditor;
(10) any special
					 allocation required by Section 8103(f) of the Judicial Code, and
(11) a request that the court fix the fair
					 market value of the real property at the value set forth in the petition and
					 that the court determine any prior lien amounts and any special allocation as
					 set forth in the petition.