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CHAPTER 3000. JUDGMENTS Subchap.
A. TRANSFER OF JUDGMENTS TO OTHER COUNTIES 3001
B. REVIVAL OF JUDGMENTS 3025
C. FORMS 3032
D. ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY 3101
E. ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS 3160
F. ATTACHMENT OF WAGES, SALARY AND COMMISSIONS UNDER SECTION 8127(A)(3.1) OF THE JUDICIAL CODE 3301
Subchapter A. TRANSFER OF JUDGMENTS TO OTHER COUNTIES
Rule
3001. Definition.
3002. Transfer to another county.
3003. Execution. Lien. Revival.
3010. Acts of Assembly not suspended. [Rescinded].
3011. Acts of Assembly suspended. [Rescinded].
3020. Definition.
3021. Verdict. Order. Judgment. Entry in Judgment Index.
3022. Verdict or Order. Lien. Duration.
3023. Judgment. Lien. Duration.Rule 3001. Definition.
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.
Source The provisions of this Rule 3001 adopted March 30, 1960, effective November 1, 1960; amended June 23, 1975, effective October 1, 1975, 5 Pa.B. 1829; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (227323).
Rule 3002. Transfer to another county.
(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.
Source The provisions of this Rule 3002 adopted March 30, 1960, effective November 1, 1960; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial page (227323).
Rule 3003. Execution. Lien. Revival.
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.
Official Note
Adopted March 30, 1960, effective November 1, 1960.
Rule 3010. Acts of Assembly not suspended. [Rescinded].
Official Note
The Act of 1945 prescribing venue of a petition to open a confessed judgment and preserved by this rule has been repealed. See Rule 2959(a)(1).
Source The provisions of this Rule 3010 rescinded March 5, 1997, effective July 1, 1997, 27 Pa.B. 1441. Immediately preceding text appears at serial page (213386).
Rule 3011. Acts of Assembly suspended. [Rescinded].
Official Note
Former Rule 3011 preserved an Act of Assembly which was subsequently repealed.
Source The provisions of this Rule 3011 rescinded March 5, 1997, effective July 1, 1997, 27 Pa.B. 1441. Immediately preceding text appears at serial page (213386).
Rule 3020. Definition.
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.
Official Note
Political subdivision includes a municipal or other local authority. See Definition Rule 76.
Source This Rule 3022 adopted December 19, 2003, effective July 1, 2004, 34 Pa.B. 22; amended October 15, 2004, effective immediately, 34 Pa.B. 5889; amended November 2, 2007, effective January 1, 2008, 37 Pa.B. 6201. Immediately preceeding text appears at serial pages (307569) to (307570).
Rule 3023. Judgment. Lien. Duration.
(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.
Official Note
See Rule 3001 et seq. for the transfer of a judgment to another county.
See Rule 3027 for the lien of the writ of revival or of the agreement to revive and Rule 3031.1 for the lien of a judgment of revival.(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
Official Note
The lien of a verdict or order dates from the time the verdict or order is entered in the judgment index. See Rule 3022(a).
(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.
(c) 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.
Official Note
A judgment lien may be revived in the manner provided by Rule 3025 et seq.
Source The provisions of this Rule 3023 adopted December 19, 2003, effective July 1, 2004, 34 Pa.B. 22; amended November 2, 2007, effective January 1, 2008, 37 Pa.B. 6201. Immediately preceding text appears at serial pages (307570) and (302563).
Subchapter B. REVIVAL OF JUDGMENT LIENS
Rule
3025. Commencement of proceedings. Venue.
3025.1 Consolidation of Judgments.
3026. Parties. Generally.
3026.1 Parties. Joint Defendants.
3026.2. Parties. Terre-Tenants.
3026.3. Revival of Lien of Judgment as to Property of Terre-Tenants.
3027. Writ of Revival. Entry. Lien.
3028. Service of the Writ.
3029. Reissuance and Substitution of Writ.
3030. Pleading. Further Proceedings. Continuance of Lien.
3031. Judgment upon Default or Admission. Assessment of Damages.
3031.1. Judgment of Revival. Lien.Rule 3025. Commencement of proceedings. Venue.
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.
Official Note
Section 5526(1) of the Judicial Code, 42 Pa.C.S. § 5526(1), requires that an action for revival of a judgment lien on real property must be commenced within five years. See also Section 605 of the Goods and Services Installment Sales Act, 69 P. S. § 1605(b), requiring that a proceeding for revival of a judgment lien subject to the Act and entered by confession be commenced within one year from the lapse of the lien.
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.
Source The provisions of this Rule 3025 amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial pages (227324) and (213387).
Rule 3025.1. Consolidation of Judgments.
(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.
(b) The praecipe or the agreement shall contain the court, docket number and amount claimed to be due on each judgment being consolidated.
(c) The consolidated judgment shall be entered as of the docket number of one of the judgments being consolidated and shall include the amounts due on all the consolidated judgments.
(d) The court and docket number of the consolidated judgment shall be noted on the docket of each original judgment substantially as follows: Consolidated as part of the consolidated judgment entered at Docket No.
of the Court of Common Pleas of
County.
Official Note
Consolidation does not affect the lien priority of each judgment consolidated.
Source The provisions of this Rule 3026 adopted October 1, 1964, effective April 1, 1965; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial page (213387).
Rule 3026.1. Parties. Joint Defendants.
(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.
Official Note
This rule does not apply where defendants are jointly and severally liable or severally liable only.
Source The provisions of this Rule 3026.2 adopted December 19, 2003, effective July 1, 2004, 34 Pa.B. 22; amended November 2, 2007, effective January 1, 2008, 37 Pa.B. 6201. Immediately preceding text appears at serial pages (302565) to (302566).
Rule 3026.3. Revival of Lien of Judgment as to Property of Terre-Tenant.
(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.
Official Note
The revival of a judgment lien continues or creates a lien upon real property. See Rule 3025.
(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-tenants 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-tenants 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.
Official Note
The mere recording of a terre-tenants deed or other evidence of title is ineffective to revive a lien as to any part of the property acquired by a terre-tenant without specific revival by agreement or by writ.
For the effect of a judgment of revival against a terre-tenant, see Rules 3027(b)(3) and 3031.1(b).
Source The provisions of this Rule 3027 adopted October 1, 1964, effective April 1, 1965; amended June 15, 1994, effective July 1, 1994, 24 Pa.B. 3215; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial pages (213387) to (213388).
Rule 3028. Service of the Writ.
(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
Official Note
For example, where the Postal Service shows a good address and mail service under subdivision (a) is returned unclaimed, the court pursuant to Rule 430 may permit service by regular mail.
(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.
Official Note
A special order of court under Rule 430(a) is not a prerequisite to service by publication under this rule.
Source The provisions of this Rule 3028 adopted October 1, 1964, effective April 1, 1965; amended through June 20, 1985, effective January 1, 1986 15 Pa.B. 2452; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial page (213388).
Rule 3029. Reissuance and Substitution of Writ.
The writ may be reissued or substituted as in a civil action.
Official Note
See Rule 401(b) governing reissuance and substitution of a writ of summons.
Source The provisions of this Rule 3029 adopted October 1, 1964, effective April 1, 1965; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial page (213388).
Rule 3030. Pleadings. Further Proceedings. Continuance of Lien.
(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.
Source The provisions of this Rule 3030 adopted October 1, 1964, effective April 1, 1965; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended June 15, 1994, effective July 1, 1994, 25 Pa.B. 3215; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial page (213388).
Rule 3031. Judgment upon Default or Admission. Assessment of Damages.
(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 defendants or terre tenants pleading. The prothonotary shall assess damages as directed in the praecipe for judgment.
Official Note
See the Soldiers and Sailors Civil Relief Act, 50 U.S.C. App. § 520 requiring an affidavit setting forth facts showing that the defendant is not in military service as a prerequisite to the entry of a default judgment.
See Rule 237.1 et seq. which requires a ten-day notice as a prerequisite to the entry of a default judgment.
(b) In all cases the court, on motion of a party, may enter an appropriate judgment against a party upon default or admission.
Source The provisions of this Rule 3031 adopted October 1, 1964, effective April 1, 1965; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial pages (213388) to (213389).
Rule 3031.1. Judgment of Revival. Lien.
(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.
Source The provisions of this Rule 3031.1 adopted December 19, 2003, effective July 1, 2004, 34 Pa.B. 22.
Subchapter C. FORMS
Rule
3032. Praecipe for Writ of Revival. Form.
3033. Writ of Revival. Form.
3034. Agreement to Revive. Form.
3048. Acts of Assembly not Suspended.
3049. [Rescinded].
3049.1 Abolition of Practice and Procedure Under Repealed Statutes.
3051. Relief from Judgment of Non Pros.Rule 3032. Praecipe for Writ of Revival. Form.
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
and enter it (Court, Number)
in the judgment index against
(Name of Defendant(s))
and
(Name of Terre-Tenant(s))
in the amount of $
with interest from
.
Attorney for Plaintiff
Official Note
For the definition of terre-tenant, see Rule 3026.2.
Source The provisions of this Rule 3032 adopted October 1, 1964, effective April 1, 1965; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial page (213389).
Rule 3033. Writ of Revival. Form.
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)
Official Note
For definition of terre tenant, see Rule 3026.2.
Source The provisions of this Rule 3033 adopted October 1, 1964, effective April 1, 1965; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial pages (213389) to (213390).
Rule 3034. Agreement to Revive. Form.
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
be revived and authorize(s) the prothonotary to enter in the judg (Court, Number)
ment index a judgment of revival in the amount of $
plus costs.
Signed and dated
:
(Defendants(s))
(Terre-Tenant(s))
Official Note
See Rule 3025.1(b) for additional requirements when there is an agreement to consolidate two or more judgments against the same person and revive the lien thereof.
Source The provisions of this Rule 3048 adopted October 1, 1964, effective April 1, 1965; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial pages (213390) and (243895).
Rule 3049. [Rescinded].
Official Note
The statutory provisions governing revival of judgment liens previously suspended by Rule 3049 have been repealed.
Source The provisions of this Rule 3049 adopted October 1, 1964, effective April 1, 1965; rescinded December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial page (243895).
Rule 3049.1. Abolition of Practice and Procedure Under Repealed Statutes.
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.
Official Note
The Act of 1877 relating to lien of verdict was repealed by Section 2(a) of JARA, 42 P. S. § 20002(a)(687).
(2) Section 1 of the Act of April 22, 1909, P. L. 112, 12 P. S. § 875(921).
Official Note
The Act of 1909 relating to consolidation of judgments by scire facias was repealed by Section 2(a) of JARA, 42 P. S. § 20002(a).
(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.
Official Note
The Judgment Lien Law was repealed by Section 2(a) of JARA, 42 P. S. § 20002(a). The repealed sections concerned the property subject to lien and duration of lien (§ 2), the manner of reviving lien and duration of revived lien (§ 3), scire facias as lien (§ 4), revival of lien against person in armed forces (§ 5), service of scire facias and judgment on return of nihil habet (§ 6), and property subject to execution, lien of execution and execution after five years (§ 7).
Source The provisions of this Rule 3049.1 adopted December 19, 2003, effective July 1, 2004, 34 Pa.B. 22; amended October 15, 2004, effective immediately, 34 Pa.B. 5889. Immediately preceeding text appears at serial page (302573).
Rule 3051. Relief from Judgment of Non Pros.
(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) If the relief sought includes the opening of the judgment, the petition shall allege facts showing that
Official Note
See Rule 2373 for special provisions relating to relief from a judgment of non pros entered pursuant to Rule 1037(a).
(1) the petition is timely filed,
(2) there is a reasonable explanation or legitimate excuse for the inactivity or delay, and
(3) there is a meritorious cause of action.
Source The provisions of this Rule 3051 adopted November 19, 1991, effective January 1, 1992, 21 Pa.B. 5638; amended December 2, 1994, effective July 1, 1995, 24 Pa.B. 6259. Immediately preceding text appears at serial pages (190630) to (190631).
Subchapter D. ENFORCEMENT OF MONEY JUDGMENTS
FOR THE PAYMENT OF MONEY
3101. Definitions; garnishee.
3101.1. Property Subject to Execution. Execution Within and After Five Years.
3101.2. Obligations Secured by Real and Personal Property. Plaintiffs Election to Proceed against Both in Accordance with Its Rights against the Real Property.
3102. Writ of execution.
3103. Commencement; issuance.
3104. Writ of Execution. Entry. Lien.
3105. Writ; notation of time of receipt.
3106. Substitution, reissuance and expiration of writ.
3107. Order of levy and attachment.
3108. Service of Writ, Notice of Execution.
3109. Manual possession; retention of possession.
3110. Execution against contents of safe deposit box.
3111. Service of the writ on garnishee; effect.
3112. Service of the writ upon garnishee; real property of defendant
in name of third party.
3113. Service upon garnishee; execution against mortgages, judgments
or other liens on real property.
3114. Sequestration of rents, principal, interest, income, etc.
3115. Writs of several plaintiffs; notation of levy.
3116. Security for sheriff.
3117. Discovery in aid of execution.
3118. Supplementary relief in aid of execution.
3119. Release of property from levy.
3120. Abandonment of levy.
3121. Stay of execution; setting aside execution.
3122. Venue of stay and other proceedings.
3123. Debtors exemption.
3123.1. Claim for exemption or immunity of property; prompt hearing.
3124. Order of sale.
3125. Perishable property; sale, preservation or other disposition.
3126. Sale of inventory in course of trade.
3127. Right of sheriff to break and enter.
3128. Notice of sale; personal property.
3129. Notice of sale; real property.
3129.1. Sale of real property; notice; affidavit.
3129.2. Notice of sale; handbills; written notice; publication.
3129.3. Postponement of sale; new notice. Failure of Plaintiff to Attend Sale.
3130. Sale of securities.
3131. Sale of real property located in more than one county.
3132. Setting aside sale.
3133. Lien creditor as purchaser.
3134. Transfer of personal property to purchaser.
3135. Sheriffs deed to real property.
3136. Distribution of proceeds.
3137. Priority of distribution as between competing plaintiffs.
3138. Sheriffs expenses and fees; recovery as costs; abandonment
of writ for non-payment.
3139. Sheriffs return.
3140. Notice by garnishee.
3141. Garnishees duty to defend; venue of proceedings.
3142. Preliminary objections.
3143. Dissolution of attachment; release of property; bond.
3144. Interrogatories to garnishee.
3145. Interrogatories; procedure.
3146. Judgment against garnishee upon default or admission in answer
to interrogatories.
3147. Judgment against garnishee on pleadings or after trial.
3148. Content of judgment against garnishee; execution.
3149. Objection to security.
3159. Acts of Assembly not suspended.
EXPLANATORY COMMENTS ON EXECUTION RULES To assist the bench and bar in the consideration of the rules on execution, the following comments on the principal features of the rules may be helpful.
1. Scope of the rules.(a) These rules deal only with execution upon money judgments originally entered in, or by transfer or certification to the Common Pleas Courts, the Municipal Court of Philadelphia, and the County Court of Allegheny County (Rule 3101(a)). The provisions of the Allegheny County Court Act providing that county court judgments shall not constitute liens on real property and providing for transfer to the Common Pleas Court of Allegheny County are not suspended by the rules (Note to Rule 3104(a)). The rules also apply to Orphans Court judgments under the conformity provisions of the Orphans Court Act of 1951, 20 P. S. § § 2080-754, 2080-755 (2080.754, 2080.755), which provides that execution against personal property and attachment execution shall conform to execution issued out of the common pleas courts. Execution against real estate will under the Orphans Court Act still require certification to the common pleas court. Judgments transferred from a justice of the peace or magistrates court will no longer require a certification that execution had been issued out of the justice of the peace or magistrates court and returned nulla bona, and the acts of assembly so providing are suspended. (Note to Rule 3103(a)).
(b) The enforcement of judgments against the Commonwealth, political subdivisions or public authorities remains unaffected by the rules and the procedures provided by statute for either mandamus or petition for the assessment of taxes remain unsuspended. (Rule 3101).
2. The writ of execution.Sweeping changes are made in the form and scope of the writ of execution. The writs of fi. fa., testatum fi. fa., vendex, liberari facias and attachment execution are abolished. There will be only one writ of execution for real and personal property with directions for either levy or attachment or both. (Rules 3102, 3251, 3252). Civil arrest, except in actions for fines and penalties or as punishment for contempt, is suspended. (Rule 3250). Civil arrest before judgment has already been abolished. (Rule 1481). Return days will be abolished and the writ may be reissued as in assumpsit if service or levy is not made within 90 days or a new writ may be issued. (Rule 3106). A new garnishee may be named in a reissued writ. (Rule 3106(c)). Alias and pluries writs are abolished. Successive writs may be issued at the same or different times without a prior return of an outstanding writ as required by former practice. (Rule 3103(d)).
3. Venue and service.The writ may be issued in any county in which judgment is entered and may be directed to the sheriff of any county in the Commonwealth (Rule 3103(b)) with the single limitation that on transferred judgments the execution may be directed only to the sheriff of the county in which it is issued. (Rule 3103(c)). Under the prior testatum practice, levies could be directed to other counties but attachment execution could not. These rules make no distinction in this respect between levy and attachment and thus broaden the prior testatum practice. (Rule 3103). The transfer of judgments has been simplified by rules providing merely for the filing of a certified copy of the docket entries in the action and a certification of the amount of the judgment. (Rules 3001 to 3011). With this simplified procedure it may be easier to transfer a judgment and issue execution in the transferee county rather than use testatum process. However, the equivalent of the prior testatum practice is still available under the rules.
4. Indexing.The rules provide for indexing the execution against the defendant. (Rule 3104). There are special indexing provisions authorizing the indexing of the writ as a lis pendens against a garnishee where real property of the defendant is allegedly held in the name of a garnishee. (Rule 3104(c)). This is an extension not only of the indexing but of attachment procedure. A writ directed to another county may be served before indexing if the plaintiff so directs. (Rule 3104(b)).
5. Order of levy or attachment and sale.These rules eliminate the ambiquity of the Act of 1836 as to the order of levy and sale of personalty and realty. They provide that real or personal property may be levied upon or attached and sold in any order or simultaneously as the plaintiff may direct. (Rules 3107, 3124). On the other hand they give the court broad powers of stay of execution so that the interests of the defendant may be adequately protected. (Rule 3121).
6. Attachment.Sweeping changes have also been made in attachment procedure both as to the property subject to attachment (Rules 3101(b), 3108) and as to service (Rules 3111, 3112, 3113). Under the prior practice real property could not be attached and the Act of Assembly authorizing attachment of debts, deposits or personal property, pawned, pledged or demised, was strictly construed so that even the contents of a safe deposit box could not be attached but had to be levied upon by writ of fi. fa. These rules provide for execution against the contents of a safe deposit box by force, if necessary, upon petition. (Rule 3110). Execution against partnership interests is simplified by permitting service on the partnership as a garnishee. (Rule 3108(c)). However, the provisions of the Uniform Partnership Act relating to charging orders and limiting sale of the partnership interest are unsuspended. (Rule 3148 (a)(3)). The scope of attachment is also enlarged to include tangible or intangible property of the defendant in the custody, possession, or control of a garnishee. (Rule 3111(b)).
The rules expand attachment procedure to include real estate of the defendant, legal title to which is held in the name of a garnishee. (Rules 3108(e), 3112(a)). They provide for service upon the real owner including substituted service and service by publication. (Rule 3112(b) and (c)). The plaintiff may still proceed as under prior practice to levy upon and sell the interest of the defendant in real property in the name of a garnishee (Rule 3108(f)) and thereafter test the extent of defendants title by ejectment proceedings; or he may proceed under the Fraudulent Conveyance Act, which is unsuspended. The rules however offer the more expeditious and simplified attachment alternative.
The rules make radical changes in the method of attaching mortgages, judgments or other liens owned by a defendant and secured on real property. They provide a method for the attachment of the debt itself, as well as a separate method of the attachment of the security. (Rules 3101(b)(5), 3108(b), 3108(d), and 3113).
Supplementary proceedings by way of sequestration of rents, principal, interest and income are authorized and the court may order the sheriff to make collection or appoint a sequestrator (Rule 3114) or grant supplementary equitable relief to restrain transfer, etc. (Rule 3118).
Radical changes are also made in connection with the attachment of tangible personal property which under prior practice was restricted to goods pawned, pledged and demised. Under the rules, service of the writ against a garnishee will subject him to the mandate and injunctive order of the writ, restraining him from delivering any property, tangible or intangible, of the defendant which is subject to attachment, to any one except the sheriff or otherwise disposing thereof until further order of the court or discontinuance or termination of the attachment. (Rule 3111(c)).
The rules do not, however, permit the unlimited attachment of tangible personal property. Such property may only be reached by a levy, except in the single situation where the property is in the possession of a third person, not the defendant, who prevents a levy or fails to make the property available to the sheriff for levy. If either of these events occurs, the sheriff may serve the third person as garnishee and the goods in the possession of the garnishee will then be attached. (Rule 3108(a)).
7. Priority of liens.The prior law as to the lien of levies or attachment remains unchanged. (Rules 3115, 3137). The lien of a levy relates back to the date of delivery of the writ to the sheriff if served during the ninety-day period of validity of the writ. (Rule 3137(a)). Where there are writs of several plaintiffs a levy under one valid writ constitutes a levy under all other writs then in the sheriffs hands or delivered to him before sale or disposition of the proceeds. The other levies may be noted by endorsement although an actual levy may be made if the plaintiff so directs. (Rule 3115(a) and (b)). Where there are several writs in the hands of the sheriff, the withdrawal, abandonment, stay or release of one writ will not affect levy or proceedings on the others. (Rule 3115(c)). The service of a writ of execution upon a garnishee is effective as of the date of service. (Rule 3137(b)). If property which has been attached is improperly disposed of by the garnishee, the law remains as heretofore. The plaintiff has his remedies against the garnishee (Rules 3111(d), 3148(c)), but there is no lien on the property against an innocent third person who takes the property from the garnishee without notice of a violation of the injunction of the writ.
8. Execution against real estate.The rules make sweeping changes in the method of execution against real estate. As pointed out above, real property of the defendant held in the name of a garnishee may be either levied upon (Rule 3108(f)) or attached (Rule 3108(e)). The prior practice of paper levies against real estate by endorsement on the writ is continued. (Rule 3108(f)). The statutes requiring inquisition and condemnation of real estate before sale are suspended by the rules. However the court is given broad power, either on its own motion or on application of the defendant or any party in interest, to grant relief upon a showing that the rents and income will be sufficient within a reasonable period to satisfy the judgment and that the defendant is willing to have the rents so applied either by agreement or by sequestration. (Rule 3121(b)(2) and (c)). The provision for sale of real property extending across county lines is simplified by substituting petition procedure for the complication prior procedure. (Rule 3131). The right of lien creditors to apply their liens against the purchase price remains unchanged (Rule 3133) but the procedure for distribution of proceeds and delivery of the sheriffs deed has been completely revised. (Rules 3135, 3136). It is no longer necessary to have returns of execution of real estate read in open court or advertised and the sheriff may, within ten days after filing the schedule of distribution, if no petition to set aside the sale is filed, execute, acknowledge and deliver the deed to the property sold. The notice of sale has been enlarged to require specified notice as to the filing of exceptions and no further notice is required. (Rules 3128, 3129). Confirmation of sale is no longer required. (Rules 3129, 3135).
Furthermore, an execution, if the writ is served within its ninety-day period of validity, remains valid thereafter for purposes of completing the execution, and authorizes a sale even after the ninety-day period without further issuance of the writ. (Rule 3106(d)). The prior practice of requiring sale of real estate before the return day or within four days thereafter is suspended. (Rule 3106(d)). However the sheriff may consider a levy as abandoned, in the absence of stay or extension, if sale is not held within six months. (Rule 3120). This also applies to execution against personal property.
The prior requirement of a second notice in the event of the postponement of an advertised sale has been modified. One adjournment may now be made without further notice or advertisement, if the adjournment is made to a date certain and is announced at the time and place of the originally advertised sale. (Rules 3128(c), 3129(d)).
9. Supplementary relief.The types of supplementary relief available to a plaintiff are simplified and expanded. The provisions for oral examination under the Act of 1913 are suspended except as to the immunity provisions. Discovery may be had either before or after the writ of execution upon oral examination or written interrogatories directed to the defendant or to any person or party as provided by the deposition and discovery rules. (Rule 3117). The plaintiff is also given the right to supplementary relief without the necessity of full dress equity proceedings. (Rule 3118). He may upon petition filed in the court in which execution was issued obtain an order enjoining the negotiation, transfer, assignment, or other disposition of any security document of title, pawn ticket, mortgage or other property of the defendant, obtain an order for any action necessary to preserve collateral securities, compel the disclosure to the sheriff of the whereabouts of property and its redelivery to the sheriff if removed from the county for the purpose of avoiding execution and obtain such other equitable relief as may be appropriate under the circumstances. (Rule 3118).
10. Defendants rights.The rights of the defendant are also enlarged by the rules. The defendant may upon petition obtain release of the property from levy, either upon filing of bond, or upon showing that the value of the property levied upon is excessive compared to the judgment. (Rule 3119). The defendant is given broad rights as to stay of execution which may be granted on legal or equitable grounds. (Rule 3121). The proceedings for claim of exemption are simplified and failure to claim the exemption in kind will no longer constitute a waiver of exemption but the sheriff is required to set aside either in kind or from the proceeds of sale the amount of the defendants exemption unless otherwise waived. (Rule 3123). Outside appraisers in exemption claims are abolished; all appraisals will be made by the sheriff. (Rule 3123(b)). Although the procedure as to inquisition and condemnation of real estate is suspended, the court is given broad equitable powers to grant the defendant relief upon showing that the net rents or income can satisfy the judgment within a reasonable time without impairing the ultimate collection of the judgment and without undue hardship to the plaintiff. (Rule 3121(b)(2) and (d)).
Where execution is issued from one county to another, the defendant is given the alternative of filing objections and stay proceedings either in the county of issuance of the writ or in the county where execution is had. (Rule 3122). The Act of March 27, 1945, 12 P. S. § § 913, 914, authorizing the defendant in confessed judgments to move to open in the county in which judgment was originally entered or in the county of issuance remains unsuspended.
11. Garnishee proceedings.The proceedings between the plaintiff and garnishee are substantially the same as under the Foreign Attachment Rules. The execution rules are complete in themselves and no longer depend upon cross-reference to the Foreign Attachment Rules. The Attachment Execution Rules (3101 et seq.) adopted in 1954 are superseded.
The garnishee will be under no duty to resist the attachment or defend the action after he has given notice to the defendant. (Rules 3140, 3141). The interrogatory procedure between the plaintiff and the garnishee is the same as though the interrogatories were a complaint and the answer of the garnishee an answer in assumpsit. (Rules 3145(a) and (b)). The garnishees rights are however enlarged to permit under new matter the setting forth of any claim which he could assert against the plaintiff if sued by him. (Rule 3145(b)(3)). The garnishee is also given a choice of venue when the writ is directed to another county. (Rule 3141). If the garnishee is found to have only a lien upon the property, the rights of all parties may be enforced by a conditional verdict or order. (Rule 3148(d)).
12. Miscellaneous provisions.The right of the sheriff to break and enter in order to sell personal property levied upon is continued but the requirement of bond is eliminated. (Rule 3127). The procedure authorizing sale of inventory in course of trade is a new procedure which may help preserve the real value of the assets for the benefit of both plaintiff and defendant. (Rule 3126). Similarly, securities dealt with upon recognized stock exchanges or commodity exchanges may be sold by the sheriff through such exchanges instead of by ordinary execution sale. (Rule 3130).
Conclusion:The rules simplify and streamline execution procedure. The Committee kept in mind the possible abuse against poor debtors which might result from a simplified procedure, especially in the major metropolitan areas of the Commonwealth. Great changes have taken place in our economy since the Act of 1836 codified execution procedure. The majority of judgments entered in metropolitan areas are confessed judgments upon installment paper, usually containing waivers of exemption. The problem of waiver of exemption and the limitation of execution against the property of poor defendants generally, for default in connection with small installment purchases of consumers goods, and relief in the nature of deficiency judgment legislation are substantive matters requiring remedial legislation not within the purview of procedural rules. The rules themselves are drawn so as to provide substantial flexibility to protect against abuses. Local rules may require additional notice of sale (Rules 3128(d) and 3129(e)) and very broad powers are granted to the court to stay execution. (Rule 3121). Full schedules of receipt and distribution of funds by sheriffs are required. (Rule 3136).
The rules aim to provide a simple and efficient method of execution, consistent with the protection of the rights of the defendant and garnishee. They deal only with those matters which are subject to procedural reform. They do not touch problems where legislation alone can provide relief.
Rule 3101. Definitions. Garnishee. Scope.
(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;
Official Note
The enforcement of judgments in special actions of ejectment, replevin and mortgage foreclosure is governed by Rules of Civil Procedure 3160 et seq.
Political subdivision includes a municipal or other local authority. See Definition Rule 76.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;
Official Note
For limitation on the power to attach tangible personal property see Rule 3108(a).
(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.
Official Note:
Judgments against the Commonwealth, political subdivisions and public authorities constituting bodies corporate and politic, shall be enforced in accord with the appropriate Acts of Assembly which remain unsuspended.
As to first class townships, see The First Class Township Code of June 24, 1931, P. L. 1206, § 1711, as amended, 53 P. S. § 56711.
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, 16 P. S. § 2804, as amended.
The Act of July 28, 1953, P. L. 723, § 3204, 16 P. S. § 6204 pertaining to second class counties.(c) The rules of this chapter shall not apply to the attachment of wages, salary or commissions to satisfy a money judgment arising from a residential lease pursuant to Section 8127(a)(3.1) of the Judicial Code.
Official Note
For the attachment of wages under Section 8127(a)(3.1) of the Judicial Code, see Rule 3301 et seq.
Source The provisions of this Rule 3101 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 22; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended December 21, 2005, effective one month after the date of the order, 36 Pa.B. 176. Immediately preceding text appears at serial pages (302575) to (302576).
Rule 3101.1. Property Subject to Execution. Execution Within and After Five Years.
(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.
(2) If more than five years have expired since the entry of the judgment or of the last preceding judgment of revival or agreement to revive, no execution against real property may issue until a writ of revival shall have issued and been reduced to judgment or an agreement to revive entered. The execution shall issue on the judgment or agreement so entered and not on the original judgment.
(b) Execution may issue against personal property within the time allowed by law.
Official Note
Subdivisions (a)(1) and (2) continue the practice under Section 7 of the Act of July 3, 1947, P. L. 1234, 12 P. S. § 883 (repealed) relating to property subject to execution and execution after five years.
For the applicable law under subdivision (b), see Section 5529(a) of the Judicial Code, 42 Pa.C.S. § 5529(a) (twenty-year limitation to issue execution upon personal property). See also Shearer v. Naftzinger, 747 A.2d 859 (Pa. 2000).
A proceeding to revive a judgment lien is not relevant to an execution upon personal property.
Source The provisions of this Rule 3101.2 adopted March 13, 2007, effective June 1, 2007, 37 Pa.B. 1411.
Rule 3102. Writ of execution.
Except as provided in Rule 3250, a judgment shall be enforced by a writ of execution substantially in the form provided by Rule 3252.
Official Note
Adopted March 30, 1960, effective November 1, 1960.
Civil arrest has been abolished except as provided by Section 5108(b) of the Judicial Code, 42 Pa.C.S. § 5108(b).
Writs of fieri facias, attachment execution, vendex, liberari facias and all other forms of execution writs on money judgments against property of the defendant are supplanted by the writ of execution provided by these rules.
Exemption and immunity of property from execution remain as heretofore. For limitations as to execution against partners or association members on judgments against partnerships or unincorporated associations, see Rules 2132 and 2155.
Source The provisions of this Rule 3103 adopted March 30, 1960, effective November 1, 1960; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial pages (213399) to (213400).
Rule 3104. Writ of Execution. Entry. Lien.
(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.
Official Note
As to the effect of entry of the writ, Rule 3104 continues the practice under the Judgment Lien Law of 1947, 12 P. S. § 883 (repealed). See also Section 4303 of the Judicial Code, 42 Pa.C.S. § 4303.
The praecipe for the writ of execution contains a direction to the prothonotary to enter the writ in the judgment index. See Rule 3251.(2) A lien created or continued solely by the entry of a writ of execution in the judgment index shall continue for a period of five years from the date the writ was entered.
Official Note
The lien of a writ of execution is not subject to revival under Rule 3025 et seq. governing revival of the lien of a judgment.
(b) Upon receiving a writ from another county, the sheriff shall deliver it to the prothonotary of his or her county who shall thereupon enter it in the judgment index and return it to the sheriff for execution. Such entry shall have the same effect as the entry of a judgment against the defendant.
(c) When the writ directs attachment of real property of the defendant in the name of a garnishee, the prothonotary of the county in which the writ is to be executed, upon praecipe of the plaintiff so directing and describing the real property in that county, shall enter the writ against the garnishee in the judgment index as a lis pendens. Entry against the garnishee shall constitute a lis pendens against the described property only in the county where the writ is entered and not against any other property of the garnishee.
Source The provisions of this Rule 3104 adopted March 30, 1960, effective November 1, 1960; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial page (255348).
Rule 3105. Writ; notation of time of receipt.
The sheriff shall note on the writ the date and time when it is received.
Source The provisions of this Rule 3105 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243902).
Rule 3106. Substitution, reissuance and expiration of writ.
(a) Upon praecipe stating that a writ has been lost or destroyed a substituted writ may be issued.
(b) A writ may be reissued at any time, and any number of times, by endorsement thereon by the prothonotary of the word reissued.
(c) A reissued writ may name a garnishee not originally named.
(d) A writ shall not be served nor shall a levy or attachment be made thereunder after the expiration of ninety days from the date of issuance or reissuance. After levy or attachment has been made under the writ within the ninety day period it shall remain valid without further reissuance for the purpose of completing the pending execution proceedings under the levy or attachment.
Source The provisions of this Rule 3106 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (243902) to (243903).
Rule 3107. Order of levy and attachment.
Real or personal property of the defendant may be levied upon or attached in any order or simultaneously, as the plaintiff may direct.
Official Note
The provisions of this Rule 3108 amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial pages (213401) to (213402).
Rule 3109. Manual possession; retention of possession.
(a) The sheriff may, or at the direction of the plaintiff shall, take manual possession or custody of any tangible personal property of the defendant upon which the sheriff has made a levy.
(b) The sheriff shall thereafter hold the property until termination of the proceedings, unless
(1) otherwise authorized in writing by the plaintiff;
(2) the levy is abandoned, set aside or withdrawn;
(3) the property is released from the levy; or
(4) the plaintiff fails to give bond or security required by these rules.
(c) If the sheriff does not retain possession of the property taken, it shall be returned to the person from whom it was taken.
(d) The sheriff may require bond or security for the actual or estimated cost of retaining possession of and preserving property levied upon.
Source The provisions of this Rule 3109 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243904).
Rule 3110. Execution against contents of safe deposit box.
(a) The sheriff shall levy upon property of the defendant in a safe deposit box by serving the depository or custodian of the box.
(b) Service of the writ shall enjoin the depository or custodian from opening or permitting the opening of the box except as directed by the court.
(c) The court, on petition of the plaintiff, shall grant a rule on the defendant, the depository or custodian, and any person who has the right to open the box, to show cause why the box should not be opened in the presence of the sheriff, by force if necessary, and the property of the defendant found therein delivered to the sheriff. If the defendant, the depository or custodian, or a person who has the right to open the box cannot be served personally with the petition and rule, that person shall be served by sending a copy of the petition and rule by registered mail directed to his or her last known address or, if no address is known and an affidavit to that effect is filed, by publication in such manner as the court by local rule or special order shall direct.
Official Note
Registered mail includes certified mail. See Definition Rule No. 76.
(d) The court shall not order the opening of a box by force unless the plaintiff furnishes bond or security deemed sufficient by the court to indemnify the depository or custodian against loss caused by the opening of the box.
Source The provisions of this Rule 3110 adopted March 30, 1960, effective November 1, 1960; amended November 14, 1978, effective December 2, 1978, 8 Pa.B. 3410; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (243904) to (243905).
Rule 3111. Service of the writ on garnishee; effect.
(a) The writ shall be served by the sheriff upon the garnishee in the manner prescribed by Rule 402(a) except as otherwise provided by Rules 3112 and 3113. The sheriff shall furnish the garnishee with an additional copy of the writ for each defendant. If the garnishee served was not named in the writ he shall be added as a garnishee and return made accordingly.
(b) Service of the writ upon the garnishee shall attach all property of the defendant which may be attached under these rules which is in the possession of the garnishee. It shall also attach all property of the defendant which may be attached under these rules and which comes into the garnishees possession thereafter until judgment against the garnishee even though no such property of the defendant was in the garnishees possession at the time of service.
Official Note
For limitations on the power to attach tangible personal property see Rule 3108(a).
See Rule 3111.1 providing that service of the writ does not attach the defendants funds on deposit in a bank or other financial institution in an account in which funds are deposited electronically on a recurring basis and are identified as funds which upon deposit are exempt from attachment.
(c) Service of the writ upon the garnishee shall also subject the garnishee to the mandate and injunctive orders of the writ restraining the garnishee from paying any debt to or for the account of the defendant and from delivering any property of the defendant which may be attached under these rules to anyone except the sheriff or otherwise disposing thereof until further order of the court or discontinuance or termination of the attachment.
(d) Violation of the mandate and injunctive orders of the writ may be punished as a contempt.
Source The provisions of this Rule 3111 adopted March 30, 1960, effective November 1, 1960; amended through June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281; amended June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191; amended February 23, 2007, effective April 1, 2007, 37 Pa.B. 939. Immediately preceding text appears at serial pages (260391) to (260392). (Editors Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)
Rule 3111.1. Exemptions from levy and attachment.
In the absence of a court order, service of the writ upon a bank or other financial institution as garnishee shall not attach any of the defendants funds on deposit with the bank or other financial institution in an account in which
(1) funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or
Official Note
See Rule 3146(b)(2) governing judgment against a bank or other financial institution as garnishee upon admission in answer to interrogatory.
(2) the funds on deposit, not including any otherwise exempt funds, do not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123. The plaintiff shall have the right to file an objection if the plaintiff believes that the defendant has exhausted the statutory exemption.
Source The provisions of this Rule 3112 amended through June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243906).
Rule 3113. Service upon garnishee; execution against mortgages, judgments or other liens on real property.
In execution against a lien upon real property created under a mortgage, judgment or otherwise, if the garnishee cannot be served as provided in Rule 3111(a), service shall be made in the manner provided by Rule 3112.
Official Note
Adopted March 30, 1960, effective November 1, 1960.
The real owner of the property which is subject to the mortgage, judgment or other lien is considered a garnishee. See rule 3101(b)(5).
Rule 3114. Sequestration of rents, principal, interest, income, etc.
Upon execution against any interest in real property, or a mortgage or lien thereon the court on petition of the plaintiff, may order the sheriff, or a sequestrator appointed by the court, to collect any rent, interest, principal or other sum becoming due to the defendant, to exercise any powers possessed by the defendant as landlord, mortgagee, life tenant, judgment creditor, lien holder, vendor or otherwise, and to account to the court. The court may require a sequestrators bond in such amount and upon such terms as it deems proper.
Official Note
The provisions of this Rule 3115 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial page (213405).
Rule 3116. Security for sheriff.
No bond or security shall be required by the sheriff except as provided by these rules.
Official Note
Adopted March 30, 1960, effective November 1, 1960.
See Rule 3109(d) authorizing bond or security for the cost of retaining or preserving property levied upon and Rule 3110(d) authorizing bond to indemnify depository upon the forcible opening of a safe deposit box.
Rule 3117. Discovery in aid of execution.
(a) Plaintiff at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or a garnishee, upon oral examination or written interrogatories as provided by the rules relating to Depositions and Discovery. The prothonotary of the county in which judgment has been entered or of the county within this Commonwealth where the deposition is to be taken, shall issue a subpoena to testify.
(b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it is ascertained by the discovery proceedings that the defendant has property liable to execution.
Official Note
The immunity provisions of Section 5941(b) of the Judicial Code, 42 Pa.C.S. § 5941(b), relating to the judgment debtor remain unsuspended by these rules.
Source The provisions of this Rule 3117 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial page (213406).
Rule 3118. Supplementary relief in aid of execution.
(a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person
(1) enjoining the negotiation, transfer, assignment or other disposition of any security, document of title, pawn ticket, instrument, mortgage, or document representing any property interest of the defendant subject to execution;
(2) enjoining the transfer, removal, conveyance, assignment or other disposition of property of the defendant subject to execution;
(3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached;
(4) directing the disclosure to the sheriff of the whereabouts of property of the defendant;
(5) directing that property of the defendant which has been removed from the county or concealed for the purpose of avoiding execution shall be delivered to the sheriff or made available for execution; and
(6) granting such other relief as may be deemed necessary and appropriate.
(b) The petition and notice of the hearing shall be served only within the Commonwealth in the manner prescribed by Rule 440 for the service of legal papers other than original process.
(c) Violation of the mandate or injunction of the court may be punished as a contempt.
Official Note
Service of a writ of execution against a garnishee enjoins the garnishee as provided in Rule 3111 but supplementary aid may be obtained under this rule against any party or person without the necessity of separate proceedings in equity in aid of execution.
Source The provisions of this Rule 3118 amended June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243908).
Rule 3119. Release of property from levy.
Upon cause shown, on petition of any person or party in interest, the court may
(1) release specific property from a levy upon the filing of a bond or security approved by the court in an amount based upon the value of the property, or the amount of the judgment, interest, and probable costs, whichever is less, or
(2) release part of the property, if the value of the property levied upon is excessive compared to the amount of the judgment, interest, and probable costs.
Official Note
Adopted March 30, 1960, effective November 1, 1960.
Rule 3120. Abandonment of levy.
The sheriff may abandon the levy if
(1) the plaintiff fails to make payment promptly upon demand of the sheriffs proper fees and costs, or
(2) sale of the property levied upon is not held within six (6) months after levy, unless the procedings are stayed or the time for sale is extended by the court.
Official Note
The provisions of this Rule 3121 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2188. Immediately preceding text appears at serial pages (243909) to (243910).
Rule 3122. Venue of stay and other proceedings.
When the writ is issued to another county, proceedings for stay shall, at the option of the defendant, be taken in the county from which the writ issued or to which it is directed. Interpleader proceedings and all other procedings relating to the levy shall be carried on only in the county where the levy is made.
Official Note
By Rule 3141(b) the garnishee is given a similar option as to the venue of the proceedings.
Rule 2959(a)(i) authorizes the defendant in a confessed judgment to petition to open the judgment in the county in which the judgment is entered or in the county of execution.
Source The provisions of this Rule 3122 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial page (213408).
Rule 3123. Debtors exemption.
(a) A defendant entitled to a statutory exemption may claim it in kind or in cash at any time before the date of sale by notifying the sheriff of his or her claim and, if the exemption is claimed in kind, by designating the property which he or she elects to retain as exempt. Failure of the defendant to claim the statutory exemption shall not constitute a waiver thereof.
Official Note
See Mayhugh v. Coon, 460 Pa. 128, 331 A.2d 452 (1975).
(b) Upon receipt of a claim for exemption in kind the sheriff shall set aside, from the designated property, enough thereof as appraised by the sheriff, to equal the value of the exemption, unless the property is incapable of division. In the event of failure of the defendant to claim the statutory exemption, the sheriff shall similarly choose, appraise, and set aside property in kind. Real property claimed shall be described by metes and bounds and the description shall be included in the sheriffs return.
(c) If the property held by the sheriff in kind cannot be set aside because it is not capable of appropriate division, the sheriff shall set aside from the proceeds of the sale and pay to the defendant in cash the amount of the statutory exemption.
(d) Any party in interest may, within forty-eight hours, appeal to the court from the sheriffs appraisal or designation of property. The sheriff shall proceed with the sale as to the remainder of the property levied upon unless the sale shall be postponed by order of the court or written direction of the plaintiff.
Official Note
See Rule 3123.1 for the requirement of a prompt court hearing upon a claim for exemption of property from execution.
Source