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the effect of entry of the writ, Rule 3104 continues the practice under the Judgment Lien Law of 1947, 12 P. S. §  883 (repealed).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).



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