Subchapter A. TRANSFER OF JUDGMENTS TO OTHER COUNTIES

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.

 (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.

 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

   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   The Act of 1945 prescribing venue of a petition to open a confessed judgment and preserved by this rule has been repealed.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).

   Official Note

   Former Rule 3011 preserved an Act of Assembly which was subsequently repealed.

 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.

 (a)  The prothonotary shall immediately enter in the judgment index

   (1)  a verdict or order for a specific sum of money with the notation ‘‘verdict’’ or ‘‘order.’’ The entry shall state the amount of the verdict or order;

   Official Notice

   See also Rule 3027(a) governing the entry by the prothonotary of a writ of revival.

   (2)  an order for equitable relief, interlocutory or final; and

   (3)  a judgment, whether entered by the court, on order of court or on praecipe of a party. The entry shall state the amount of the judgment if for a sum certain.

   Official Note

   Section 8142(e) of the Judicial Code, 42 Pa.C.S. §  8142(e), requires the prothonotary to ‘‘note on the dockets in such office where each verdict, judgment, order, instrument or writ creating a lien against real property is entered, the time it was recorded, rendered, left for filing, or issued.’’
 The rule presumes a channel of communication between the court and prothonotary so that the prothonotary may ‘‘immediately’’ docket a judgment entered by the court.

 (b)  In all cases, the entry in the judgment index shall state the names of the parties, the number of the case, and the date and time of entry in the judgment index.

 (a)  A verdict or order for a specific sum of money when entered in the judgment index shall create a lien on real property located within the county, title to which at the time of entry is recorded in the name of the person against whom the verdict or order was rendered. The lien shall continue for five years unless the verdict is sooner reduced to judgment or the court sooner awards a new trial or enters a judgment notwithstanding the verdict.

   Official Note

   An order is defined by Section 102 of the Judicial Code, 42 Pa.C.S. §  102, to include, inter alia, a decision, a decree and an adjudication.

   Section 8142(b) of the Judicial Code, 42 Pa.C.S. §  8142(b), provides for the endorsement of time on recorded verdicts.
 ‘‘Overdue support obligations of this or any other state which are on record at the county domestic relations section shall constitute a lien by operation of law against all real property owned by the obligor within the county as provided in subsection (d.1).’’ See Section 4352(d) of the Domestic Relations Code, 23 Pa.C.S. §  4352(d).

 (b)(1) Except as provided by paragraph (2), the lien of a verdict or order for a specific sum of money shall have the priority prescribed by Section 8141 of the Judicial Code from the time the verdict or order is entered in the judgment index.

   (2)  Paragraph (1) shall not affect the priority of the lien of a verdict or order for a specific sum of money created prior to the effective date of this rule.

   Official Note

   The effective date of this rule was July 1, 2004.
 For the priority of the lien of a verdict or order governed by subdivision (b)(2), see Section 8141 of the Judicial Code.

   (3)  Section 8141(3) of the Judicial Code, 42 Pa.C.S. §  8141(3), is suspended in accordance with Article V, Section 10(c) of the Constitution of 1968 and Section 1722(b) of the Judicial Code, 42 Pa.C.S. §  1722(b), insofar as it is inconsistent with this rule.

   Official Note

   Section 8141(3) of the Judicial Code provides that the lien of a verdict for a specific sum of money shall have priority from the time it is recorded by the court.

 (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.

   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).