Rule 2951. Methods of Proceeding.

 (a)(1)  Upon filing of the documents by subparagraph (2), the prothonotary shall enter judgment by confession on a note, bond or other instrument confessing judgment or authorizing confession by an attorney at law or other person against the person who executed it in favor of the original holder or, unless expressly forbidden in the instrument, in favor of the assignee or other transferee, without the agency of an attorney and without the filing of a complaint, for the amount which may appear to be due from the instrument. The judgment may include interest computable from the instrument.

   (2)  The documents to be filed in support of the entry of judgment are

     (i)   the instrument,

     (ii)   an affidavit that the judgment is not being entered by confession against a natural person in connection with a consumer credit transaction, and

     (iii)   a certificate of residence of the plaintiff and of the defendant.

   Official Note:

   Section 2737(3) of the Judicial Code provides that the prothonotary shall have the power and the duty to ‘‘enter all civil judgments, including judgments by confession.’’

   A judgment by confession may be entered only in the name of a holder, assignee or other transferee. See Rule 2954.

   For collection of attorneys’ fees under such a judgment see Rule 2957. If an instrument authorizes confession for a penal sum, judgment may be entered in that amount.

   If a judgment by confession on an instrument is to be entered in a judicial district which has implemented electronic filing, an electronic copy of the instrument should be filed in support thereof. Should an issue arise concerning the instrument, any party at any time may request the production of the original instrument for inspection pursuant to Pa.R.C.P. No. 205.4(b)(5).

 (b)  If judgment by confession is authorized by the instrument but may not be entered by the prothonotary under subdivision (a), an action shall be commenced by filing with the prothonotary a complaint substantially in the form provided by Rule 2952. Even though the instrument is one on which judgment could be entered by the prothonotary under subdivision (a), the plaintiff may proceed under this subdivision.

 (c)  The action must be brought under subdivision (b) if

   (1)  the instrument is more than ten years old or

   (2)  the original cannot be produced for filing or

   (3)  it requires the occurrence of a default or condition precedent before judgment may be entered, the occurrence of which cannot be ascertained from the instrument itself, or

   (4)  the computation of the amount due requires consideration of matters outside the instrument.

 (d)  If the instrument is more than twenty years old, judgment may be entered only by leave of court after notice and the filing of a complaint under Subdivision (b).

 (e)  When the plaintiff proceeds under Subdivision (b) and the original or a photostatic copy or like reproduction of the instrument showing the defendant’s signature is not attached to the complaint, judgment may be entered only by leave of court after notice.

   Official Note

   The procedure for notice and hearing shall be in accordance with local practice.

   See sections 401(h) and 1205 of the Goods and Services Installment Sales Act, 1966, Special Sess. No. 1, October 28, P. L. 7, effective April 1, 1967, 69 P. S. 1401(h) and 2205 which may limit the venue for commencement of an action in certain cases.

   The provisions of this Rule 2951 amended December 14, 1979, effective February 1, 1980, 10 Pa.B. 31; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended November 14, 2007, effective December 14, 2007, 37 Pa.B. 6258. Immediately preceding text appears at serial pages (213354) to (213355).