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 3025.1 adopted December 19, 2003, effective July 1, 2004, 34 Pa.B. 22.

Rule 3026. Parties. Generally.

 (a)  The caption shall contain the name of the original defendant and any terre-tenant against whom the plaintiff seeks to revive the lien of the judgment.

   Official Note

   The terms ‘‘plaintiff’’ and ‘‘defendant’’ as used in the rules governing judgment liens and revival of judgments refer generally to the judgment creditor and judgment debtor, respectively. Thus, a defendant who holds a judgment against the plaintiff on a counterclaim would be a plaintiff for the purpose of these rules. See also Definition Rule 3101(a).

 (b)  If the judgment has been assigned or transferred, the caption shall contain the name of the original judgment plaintiff and the name of the real party in interest.

   Official Note

   See Rule 3026.2 governing terre-tenants as parties and Rule 3026.3 governing revival against a terre-tenant.

   As to joinder of personal representatives of a deceased defendant, see Section 3382 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. §  3382.

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 3026.1 adopted December 19, 2003, effective July 1, 2004, 34 Pa.B. 22.

Rule 3026.2. Parties. Terre-Tenants.

 (a)  As used in Rule 3025 et seq., a terre-tenant is a person other than the original defendant in whom title to real property subject to a lien provided by the Rules of Civil Procedure has vested.

   Official Note

   The rules governing the action of mortgage foreclosure use the term ‘‘real owner’’ in a similar sense. See Rule 1144(a)(3).

   See the following rules of civil procedure providing for liens upon real property: Rule 3022 (lien of a verdict or order), Rule 3023 (lien of a judgment), Rule 3027 (lien of a writ of revival or an agreement to revive), Rule 3131.1 (lien of a judgment of revival) and Rule 3104 (lien of a writ of execution).

 (b)  The term ‘‘terre-tenant’’ shall not include

   (1)  any person claiming under or whose claim of title passes through a deed which is not recorded in the county where the real property is located, or

   (2)  any person claiming under or through a deceased defendant or terre-tenant whose will has not been filed with, or letters of administration on whose estate have not been issued by, the register of wills or orphans’ court of such county.

 (c)  Any person claiming under or through a deceased defendant or a deceased terre-tenant, who was not a resident of the county at the time of death, may qualify as a terre-tenant under this rule by recording in the office of the recorder of deeds of the county where the real property is located,

   (1)  a certified copy of the will of the decedent, or,

   (2)  if the decedent died intestate, a declaration of interest accompanied by a certificate of the register of wills or probate court or officer of the county, state or country in which the decedent resided at the time of death that letters of administration have been issued in the estate of the decedent.

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-tenant’s 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-tenant’s 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-tenant’s 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 3026.3 adopted December 19, 2003, effective July 1, 2004, 34 Pa.B. 22.

Rule 3027. Writ of Revival. Entry. Lien.

 (a)  Upon issuance of the writ of revival or the filing of an agreement to revive, the prothonotary shall enter it in the judgment index against each defendant and terre tenant named therein.

   Official Note

   Adopted October 1, 1964, effective April 1, 1965.

 (b)  The writ or agreement, 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 judgment which is sought to be revived,

   (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 defendant, and

   Official Note

   The lien attaches whether or not the real property was owned by the defendant at the time the original judgment was entered in the judgment index or the lien of the judgment was previously revived and whether or not the lien of the judgment had been lost as to the property. The priority of the lien is preserved only if the praecipe or the agreement is filed within the five-year period prescribed by these rules.

   (3) 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 a terre-tenant, and which was subject to the lien of the judgment sought to be revived but the lien lapsed prior to the entry of the writ or agreement in the judgment index.

 (c)  The lien of a writ of revival or of an agreement to revive shall continue for a period of five years from the date on which the writ or agreement was entered in the judgment index.

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 defendant’s or terre tenant’s 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.



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