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    [Rescinded].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    Abolition of Practice and Procedure Under Repealed Statutes.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 3034 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 (213390).

Rule 3048. Acts of Assembly not Suspended.

 The Rules governing the Revival of Judgment Liens shall not be deemed to suspend or affect:

   (1)  Section 9 of the Act of May 16, 1923, P. L. 207, as amended, 53 P. S. §  7143;

   Official Note

   This Section provides for revival of municipal claims for taxes, water rents or rates, lighting rates, power rates and sewer rates.

   (2)  Section 15 of the Act approved May 16, 1923, P. L. 207, as amended, 53 P. S. 7183 insofar as it authorizes revival of municipal claims by suggestion of nonpayment and averment of default;

   (3)  Section 1404 of the Fiscal Code of April 9, 1929, P. L. 343 as amended, 72 P. S. 1404;

   Official Note

   This Section provides for revival of liens for State taxes by the filing of a suggestion of nonpayment and averment of default.

   (4)  Section 1404.1 of the Act of April 9, 1929, P. L. 343, No. 176, added by Section 5 of the Act of December 12, 1994, P. L. 1015, No. 138, 72 P. S. §  1404.1;

   Official Note

    This Section provides that tax liens required to be filed by the Department of Revenue are continued without the necessity of revival.

   (5)  Section 605 of the Act of October 28, 1966, Special Session No. 1, P. L. 55, known as the Goods and Services Installment Sales Act, added by Section 6 of the Act of March 25, 1982, P. L. 199, No. 68, 69 P. S. §  1605;

   Official Note

   This section requires that a proceeding for revival of a judgment entered by confession, which is subject to the Act, be commenced within one year from the lapse of the lien.

   (6) Section 3382 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. §  3382;

   Official Note

   Section 3382 provides for the joinder of the personal representative of a decedent as a defendant and for the continuation of the lien on a decedent’s real estate.

   (7) Section 4352(d) and (d.1) of the Domestic Relations Code, 23 Pa.C.S. §  4352(d) and (d.1);

   Official Note

   Section 4352(d) imposes a lien upon real property for overdue support and Section 4352(d.1) provides for the lien to retain its priority without renewal or revival.

   (8) Section 5526(1) of the Judicial Code, 42 Pa.C.S. §  5526(1);

   Official Note

   This section requires that an action for revival of a judgment lien must be commenced within five years.

   (9) And all other Acts or parts of Acts authorizing special procedures for the revival of judgment liens in favor of the Commonwealth or political subdivisions.

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)  Except as provided in subdivision (c), if the relief sought includes the opening of the judgment, the petition shall allege facts showing that

   (1)  the petition is timely filed,

   (2)  there is a reasonable explanation or legitimate excuse for the conduct that gave rise to the entry of judgement of non pros, and

   (3)  there is a meritorious cause of action.

   Official Note

   See Rule 237.3 for special provisions relating to relief from a judgment of non pros entered pursuant to Rule 1037(a).

 (c)  If the relief sought includes the opening of the judgment of non pros for inactivity, the petition shall allege facts showing that

   Official Note

   The ‘‘inactivity’’ covered by this subdivision is governed by and subject to Jacobs v. Halloran, 551 Pa. 350, 710 A.2d 1098 (1998).

   (1)  the petition is timely filed,

   (2)  there is a meritorious cause of action, and

   (3)  the record of the proceedings granting the judgment of non pros does not support a finding that the following requirements for entry of a judgment of non pros for inactivity have been satisfied:

     (i)   there has been a lack of due diligence on the part of the plaintiff for failure to proceed with reasonable promptitude,

     (ii)   the plaintiff has failed to show a compelling reason for the delay, and

     (iii)   the delay has caused actual prejudice to the defendant.

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; amended April 5, 2013, effective May 5, 2013, 43 Pa.B. 2136. Immediately preceding text appears at serial pages (363545) to (363546).



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