Rule 3160. Judgment; execution.

 A judgment for possession shall be enforced by a writ of possession substantially in the form provided by Rule 3254. If the judgment includes rents, profits or damages, execution for such rents, profits or damages shall be in accordance with the rules governing the enforcement of judgments for the payment of money.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

 The procedure for the enforcement of a judgment for possession shall be in accordance with the rules governing the enforcement of judgments for the payment of money with respect to the following:

 (a)  Commencement and Issuance of Writ:—Rules 3103(e) and 3105.

 (b)  Substitution, Reissuance and Expiration of Writ:—Rules 3106(b) and 3106(d).

 (c)  Security for Sheriff:—Rule 3116.

 (d)  Supplementary Relief in Aid of Execution:—Rule 3118, insofar as applicable.

 (e)  Sheriff’s Expenses and Fees, Recovery as Costs, Abandonment of Writ for Nonpayment:—Rule 3138.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

 Execution shall be commenced by filing a praecipe for a writ of execution with the prothonotary of any county in which judgment has been entered. Except as otherwise prescribed by Rule 2974.1 governing a judgment entered by confession, the praecipe shall be in the form prescribed by Rule 3254.

 (a)  Execution shall be stayed as to all or any part of the property of the defendant

   (1)  upon written direction of the plaintiff to the sheriff;

   (2)  upon a showing of exemption or immunity of property from execution;

   (3)  upon a showing of a right to a stay under the provisions of an Act of Congress or an Act of Assembly.

 (b)  Execution may be stayed by the court as to all or any part of the property of the defendant upon its own motion or application of any party in interest showing

   (1)  a defect in the writ or service; or

   (2)  any other legal or equitable ground.

 (c)  In an order staying execution the court may impose such terms and conditions or limit the stay to such reasonable time as it may deem appropriate.

 (d)  The court may on application of any party in interest set aside the writ or service

   (1)  for a defect therein; or

   (2)  upon a showing of exemption or immunity of property from execution; or

   (3)  upon any other legal or equitable ground.

 (e)  All objections by the defendant shall be raised at one time.

 (f)  After the termination of a stay, execution may proceed without reissuance of the writ.

   Official Note

 Where the real property consists of a single tract of land which lies in more than one county, the sheriff of the county in which the writ of possession issues may execute the writ in all counties in which the land lies. Deputization of the sheriff of another county shall not be required.

   Official Note

 The sheriff shall make a return upon completion or abandonment of the execution proceedings.

   Official Note

 After execution and return of the writ, if the defendant shall reenter into possession, the prothonotary, upon praecipe and affidavit setting forth the facts, filed within three years after the return of the writ on which execution was completed, shall issue a new writ of possession.

   The provisions of this Rule 3165 adopted March 30, 1960, effective November 1, 1960; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243932).

ACTIONS OF REPLEVIN

Rule 3170. Judgment; enforcement.

 (a)  If judgment is entered for the party in possession, that party may recover damages and costs by execution or by recovery upon the bond.

 (b)  If judgment is entered for a party not in possession, that party may obtain possession of the property by a writ of possession, or in the alternative may obtain the value of the property by execution on the judgment or by recovery upon the bond. In any case, the party may recover damages and costs by execution or by recovery upon the bond.

   Official Note

    See rules 3101 et seq., governing Enforcement of Judgments for Payment of Money.

 The procedure for the enforcement of a judgment for possession shall be in accordance with the rules governing the enforcement of judgments for the payment of money with respect to the following:

 (a)  Commencement and Issuance of Writ:—Rules 3103(a), 3103(e) and 3105.

 (b)  Substitution, Reissuance and Expiration of Writ:—Rules 3106(a), 3106(b) and 3106(d).

 (c)  Security for Sheriff:—Rule 3116.

 (d)  Discovery in Aid of Execution:—Rule 3117.

 (e)  Supplementary Relief in Aid of Execution:—Rule 3118, insofar as applicable.

 (f)  Sheriff’s Expenses and Fees, Recovery as Costs, Abandonment of Writ for Nonpayment:—Rule 3138.

   Official Note

 (a)  Execution shall be stayed as to all or any part of the property of the defendant

   (1)  upon written direction of the plaintiff to the sheriff;

   (2)  upon a showing of exemption or immunity of property from execution;

   (3)  upon a showing of a right to stay under the provisions of an Act of Congress or an Act of Assembly.

 (b)  Execution may be stayed by the court as to all or any part of the property of the defendant upon its own motion or application of any party in interest showing

   (1)  a defect in the writ or service; or

   (2)  any other legal or equitable ground.

 (c)  In an order staying execution the court may impose such terms and conditions or limit the stay to such reasonable time as it may deem appropriate.

 (d)  The court may on application of any party in interest set aside the writ or service

   (1)  for a defect therein; or

   (2)  upon a showing of exemption or immunity of property from execution; or

   (3)  upon any other legal or equitable ground.

 (e)  All objections by the defendant shall be raised at one time.

 (f)  After the termination of a stay, execution may proceed without reissuance of the writ.

   Official Note

 The sheriff shall make a return upon completion or abandonment of the execution proceedings.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

ACTION OF MORTGAGE FORECLOSURE

Rule 3180. Judgment. Execution.

 (a)  Judgment shall be enforced by a writ of execution substantially in the form provided by Rule 3257.

   Official Note

   Where judgment is entered on the obligation secured by the mortgage, execution shall be in accordance with the rules governing the enforcement of judgments for the payment of money.

 (b)  If the plaintiff is proceeding against both personal and real property covered by a mortgage as provided by Section 9604(a) of the Uniform Commercial Code and has complied with the pleading requirements of Rule 1147(b), the judgment may be enforced in one execution proceeding against both the personal and real property pursuant to the rules of this chapter governing execution on real property.

   Official Note

   Compliance with Rule 1147(b) governing the complaint in mortgage foreclosure is a prerequisite to executing in one proceeding pursuant to Rule 3180(b) against both the real and personal property secured by the mortgage.

   The rules governing execution on personal property do not apply to an execution on personal property under subdivision (b).

   For a similar provision applicable to the enforcement of a judgment entered on the obligation secured by the mortgage, see Rule 3101.2.

 (a)  The procedure for the enforcement of a judgment against real property shall be in accordance with the rules governing the enforcement of judgments for the payment of money with respect to the following:

   (1)  Commencement and Issuance of Writ:—Rules 3103(a), 3103(e), and 3105.

   (2)  Substitution, Reissuance and Expiration of Writ:—Rules 3106(a) 3106(b) and 3106(d).

   (3)  Security for Sheriff:—Rule 3116.

   (4)  Supplementary Relief in Aid of Execution:—Rule 3118, insofar as applicable.

   (5)  Abandonment of Levy:—Rule 3120.

   (6)  Notice of Sale, Stay, Continuance:—Rule 3129.1 through .3.

   (7)  Sale of Mortgaged Property Located in More than One County:—Rule 3131.

   (8)  Setting Aside Sale:—Rule 3132.

   (9)  Lien Creditors as Purchasers:—Rule 3133.

   (10)  Sheriff’s Deed, Distribution of Proceeds:—Rules 3135 and 3136.

   (11)  Sheriff’s Expenses and Fees, Recovery as Costs, Abandonment of Writ for Nonpayment:—Rule 3138.

   (12)  Sheriff’s Return:—Rules 3139(a)(1), 3139(c) and 3139(d).

 (b)  The procedure for the enforement of a judgment against both personal and real property as provided by Rule 3180(b) shall be in accordance with

   (1)  the rules governing the enforcement of judgments for the payment of money as provided by subdivision (a) and

   (2)  Rule 3201 et seq. governing sheriff’s interpleader.

   Official Note

   Rule 3201 et seq. govern the procedure when tangible personal property levied upon is claimed to be the property of a person other than the defendant in the execution.

 Service of the writ shall be made by the sheriff noting upon the writ a brief description of the mortgaged property and a statement that the sheriff has levied upon defendant’s interest therein.

   Official Note

    Service of the writ upon the mortgagor or real owner is not required but notice of the sale is required by Rule 3129.1.

 (a)  Execution shall be stayed as to all or any part of the property of the defendant

   (1)  upon written direction of the plaintiff to the sheriff;

   (2)  upon a showing of exemption or immunity of property from execution;

   (3)  upon a showing of a right to a stay under the provisions of an Act of Congress or an Act of Assembly.

 (b)  Execution may be stayed by the court as to all or any part of the property of the defendant upon its own motion or application of any party in interest showing

   (1)  a defect in the writ or service; or

   (2)  any other legal or equitable ground.

 (c)  In an order staying execution the court may impose such terms and conditions or limit the stay to such reasonable time as it may deem appropriate.

 (d)  The court may on application of any party in interest set aside the writ or service

   (1)  for a defect therein; or

   (2)  upon a showing of exemption or immunity of property from execution; or

   (3)  upon any other legal or equitable ground.

 (e)  All objections by the defendant shall be raised at one time.

 (f)  After the termination of a stay, execution may proceed without reissuance of the writ.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

ACTIONS UPON MECHANICS’ LIENS, MUNICIPAL AND TAX
CLAIMS AND CHARGES ON LAND

Rule 3190. Judgment; execution.

 A judgment in rem in an action or proceeding upon a mechanics’ lien, municipal claim, tax claim or a charge on land shall be enforced against the real property subject to the lien, claim or charge in accordance with Rules 3180 to 3183 governing the enforcement of judgments in mortgage foreclosure.

   Official Note

   Statutory procedures relating to enforcement of tax liens by sale under the Real Estate Tax Law of July 7, 1947, P. L. 1368, as amended, 72 P. S. §  5860.101 et seq., and other acts authorizing Treasurer’s sale remain unsuspended.
 Statutory provisions relating to municipal claims and liens remain unsuspended. See Rule 3191(a)(2)(i) through (viii) for provisions including special stay provisions, sequestration of rents, upset price, sale clear of lien and preferences.
 See Rule 3191(b) for Acts of Assembly suspended insofar as they provide for units of levari facias and scire facias.

 (a)  The rules governing the enforcement of a judgment in rem in an action or proceeding upon a mechanics’ lien, municipal claim, tax claim or charge on land shall not be deemed to suspend or affect:

   (1)  Mechanic’s Liens.

     (i)   Sections 303(c) and 508 of the Act of August 24, 1963, P. L. 1175, No. 497, 49 § §  1303(c) and 1508.

   Official Note

   These sections provide for the loss of the lien when property is conveyed in good faith prior to the filing of a claim and for the priority of a lien.

   (2)  Municipal and Tax Claims.

     (i)   Section 24 of the Act of May 16, 1923, P. L. 207, as amended, 53 P. S. §  7275.

   Official Note

   This Section relates to sequestration of rents.

     (ii)   Section 27 of the Act of May 16, 1923, P. L. 207, 53 P. S. §  7277.

   Official Note

   This Section relates to stay upon entry of security and admission of validity of claim.

     (iii)   Section 29 of the Act of May 16, 1923, P. L. 207, as amended, 53 P. S. §  7279.

   Official Note

   This Section relates to upset sale price and discharge of liens.

     (iv)   Section 30 of the Act of May 16, 1923, P. L. 207, 53 P. S. §  7280.

   Official Note

   This Section relates to execution against quasi public corporations and preference of claims.

     (v)   Section 31 of the Act of May 16, 1923, P. L. 207, 53 P. S. §  7281.

   Official Note

   This Section relates to procedure for selling free and clear of all liens.

     (vi)   Sections 31.1, 31.2 of the Act of May 16, 1923, P. L. 207, as added and amended, 53 P. S. § §  7282, 7283.

   Official Note

   These Sections relate to procedure for selling free and clear of all claims in first class counties and cities.

     (vii)   Section 32 of the Act of May 16, 1923, P. L. 207, 53 P. S. §  7293, as added and amended.

   Official Note

   This Section relates to right of redemption after sale.

     (viii)   The Real Estate Tax Sale Law approved July 7, 1947, P. L. 1368, as amended, 72 P. S. §  5860.101 and all other acts authorizing Tax Bureau or Treasurer’s sale on tax liens.

     (ix)   Sections 4 to 9, inclusive, of the Act of March 1, 1956, P. L. (1955) 1196, 53 P. S. § §  7287 to 7292, except insofar as §  7 relates to execution, acknowledgement and delivery of sheriff’s deed.

   Official Note

   These Sections relate to sale of vacant lots in ‘‘conservation areas’’ free and clear of all liens and without any right of redemption.

 (b)  The following Acts of Assembly are suspended in accordance with the provisions of the Constitution of 1968, Article V, Section 10(c):

   (1)  Section 28 of the Act approved May 16, 1923, P. L. 207, 53 P. S. §  7278.

   Official Note

   This Section provides for execution upon a judgment by writ of levari facias and specifies the form of the writ and procedure thereon.

   (2)  Section 1404 of the Fiscal Code of April 9, 1929, P. L. 343, Art. XIV, 72 P. S. §  1404, only insofar as it may authorize sale of real estate subject to tax liens on writ of scire facias.

   Official Note

   This Section authorizes writs of scire facias to issue and be prosecuted to judgment and execution on Commonwealth tax liens.

   (3)  Section 7 of the Act approved March 1, 1956, P. L. (1955) 1196, 53 P. S. §  7290, insofar as it relates to acknowledgment and delivery of sheriff’s deed.

   Official Note

   This Section relates to the execution, acknowledgment and delivery of deeds in sale of tax delinquent vacant lots located in blighted ‘‘conservation areas.’’

   The provisions of this Rule 3191 adopted March 5, 1997, effective July 1, 1997, 27 Pa.B. 1441.

SHERIFF’S INTERPLEADER

Rule 3201. Scope.

 These rules govern the procedure in sheriff’s interpleader when tangible personal property levied upon pursuant to a writ of execution is claimed to be the property of a person other than the defendant in the execution.

   Official Note

    See Execution Rule 3122 limiting venue of interpleader to the county where the levy is made.
 These rules do not apply where tangible property is attached under Rule 3108(a) rather than levied upon. If the garnishee claims the property the garnishee may interplead under Rules 2301 et seq. If an outside person claims the property, such person may intervene in the garnishment proceedings or the garnishee may defend the attachment by asserting the outside person’s title and denying that the garnishee holds any property of the defendant.

 (a)  A claim to tangible personal property levied upon pursuant to a writ of execution shall be in writing and substantially in the form provided by Rule 3258 and shall be filed with the sheriff prior to any execution sale of the property claimed.

 (b)  The claim shall be signed by the claimant or some one on the claimant’s behalf, and shall set forth

   (1)  a list of the property claimed sufficient to identify it;

   (2)  an estimate of the value of the property;

   (3)  a statement of the source of the claimant’s ownership of the property.

 When a claim is filed, the sheriff shall stay the execution against the claimed property and forthwith send a copy of the claim by ordinary mail to the plaintiff, the defendant, and all other execution creditors and claimants of the property, together with a notice substantially in the form provided by Rule 3259, that unless a party in interest requests an appraisal the sheriff, without making an appraisal will accept the value of the property set forth in the claim. The filing of the claim shall not stay execution as to property not included in the claim.

   Official Note

 Within ten days after the claim is filed the sheriff shall, with or without formal hearing, determine whether the claimant is prima facie the owner of the property in whole or in part.

 (a)  Unless a party in interest files a request for appraisal with the sheriff within ten days after the date specified in the sheriff’s notice, the sheriff without making an appraisal shall accept the value of the property set forth in the claim.

 (b)  A party requesting an appraisal shall advance the sheriff’s appraisal fee. The sheriff shall then appraise the property and immediately give notice of the amount of the appraisal by ordinary mail to all parties to whom the sheriff’s notice was mailed. The sheriff or any party in interest may apply to the court for an order fixing a special appraisal fee where the appraisal of a large quantity of property or the services of experts shall be required.

   Official Note

    The Sheriff’s Fee Act remains unaffected by these rules. See Act of July 6, 1984, P. L. 614, No. 127, 42 P. S. §  21101 et seq.

 (a)  If the sheriff determines that the claimant is prima facie the owner of the property in whole or in part, the sheriff shall file in the prothonotary’s office the claim, the determination of ownership including the valuation of the property, and shall send by ordinary mail copies of the determination and valuation to the claimant, the plaintiff, the defendant, and all other execution creditors and claimaints of the property.

 (b)  Any execution creditor or defendant may, within ten days after the date of mailing of the copy of the determination and valuation, file with the prothonotary, and with the sheriff an objection to the determination substantially in the form provided by Rule 3260. The sheriff shall send by ordinary mail a copy of the objection to all other parties. Upon the filing of the objection an interpleader shall be at issue in which the claimant shall be the plaintiff and all other parties in interest shall be defendants. The only pleading shall be the claim, all averments of which shall be deemed to be denied.

 (c)  If no objection is filed the levy on the claimed property shall be deemed abandoned.

 (d)  Upon abandonment of the levy, the sheriff shall return the claimed property to the person from whom it was taken. If the claimed property was found in the possession of a person other than the claimant, the sheriff shall, before returning it, give forty-eight hours notice to the claimant of the abandonment of the levy and the intention to return the property to a person other than the claimant.

 (e)  If an execution creditor or a defendant files an objection, the claimed property shall remain subject to the levy unless the claimant within ten days from the filing of the objection files a bond as provided in Rules 3207(d) and 3208, in which event the sheriff shall withdraw all levies on the claimed property and deliver the same as provided in Rule 3207(d).

 (a)  If the sheriff determines that the claimant is prima facie not the owner of the property in whole or in part, the sheriff shall file in the prothonotary’s office the claim, the determination of ownership including the valuation of the property, and shall send by ordinary mail copies of the determination and valuation to the claimant, the plaintiff, the defendant, and all other execution creditors and claimants of the property.

 (b)  The claimant may, within ten days after the date of the mailing of the copy of the determination and valuation, file with the prothonotary and with the sheriff an objection to the determination substantially in the form provided by Rule 3260, with or without bond. The sheriff shall send by ordinary mail a copy of the objection to all other parties. Upon the filing of the objection an interpleader shall be at issue in which the claimant shall be the plaintiff and all other parties in interest shall be defendants. The only pleading shall be the claim, all averments of which shall be deemed to be denied.

 (c)  If no objection is filed the claim shall be deemed abandoned and the sheriff shall proceed with the execution against the property without further order of court.

   Official Note

   Rule 3121 provides that the filing of a property claim stays an execution and that after the termination of the stay sale may be had without reissuance of the writ.

 (d)  If the claimant files an objection with bond in a sum double the valuation of the property as determined by the sheriff or double the amount due under all writs of execution against the defendant on which the sheriff has levied, whichever is smaller, the sheriff unless otherwise ordered by the court shall withdraw all levies on the claimed property. Upon payment by the claimant of the sheriff’s costs, if any, for keeping and transporting the property, the sheriff shall deliver it to the person from whom it was taken, provided that, if the property was taken from a person other than the claimant and the claimant desires possession thereof, the sheriff shall deliver it to the claimant if the claimant elects to file a bond in double the valuation of the property.

   Official Note

   As to possession in the case of two or more claimants, see Rule 3210.

 (e)  If the claimant files an objection without bond the property shall remain subject to the levy and shall be sold in execution, unless otherwise ordered by the court. The proceeds shall be retained by the sheriff or paid into court until the determination of the interpleader.

 (f)  In appropriate cases the court may order the property impounded.

 (a)  The bond shall name the Commonwealth of Pennsylvania as obligee, with security approved by the prothonotary, and shall be conditioned that claimant shall maintain the claim to the property or pay its value to the persons entitled thereto with costs.

 (b)  The claimant may file a bond without security and without order of court as to household goods and furnishings levied on by the sheriff in the household of the claimant. The court may, upon petition of the claimant and after notice and hearing, permit the filing of the claimant’s own bond without security as to any other property levied on by the sheriff.

 (c)  A claimant who files a bond in double the valuation of the property shall not be required during the pendency of the interpleader proceedings to file another bond in any subsequent execution against the same property but the subsequent execution creditor shall be made a party to the pending interpleader proceedings.

 The court, upon petition filed by any party, and after notice and hearing, may

   (1)  review the action of the prothonotary in approving or rejecting the security offered;

   (2)  increase or decrease the amount of any bond or require additional security for cause shown;

   (3)  strike off a bond improperly filed; or

   (4)  permit the substitution of a bond and enter an exoneration of a prior bond.

   Official Note

 If two or more claimants of the same property become parties to an interpleader, the court on motion of any party shall enter an order framing the issues to be tried and directing the disposition of the property pending the determination of the interpleader.

   Official Note

 When perishable property has been claimed, the court, upon petition of the sheriff or any party in interest, may make such order relating to its preservation, sale or distribution as it shall deem proper.

   Official Note

 The valuation of the property set forth in the sheriff’s determination of ownership shall be prima facie evidence of its value but the parties at a hearing under Rule 3209 or at a trial of the interpleader may show that its value is more or less.

   Official Note

 The judgment in the interpleader proceedings shall

   (1)  determine the title to the claimed property as among the parties to the interpleader,

   (2)  provide for the disposition of the proceeds of sale thereof,

   (3)  fix the amount of

     (i)   special damages sustained by the claimant if the claimant has sustained the claim or

     (ii)   any liability of the claimant to whom property has been delivered as to which the claimant has not sustained the claim and

   (4)  include such counsel fees as may be awarded by the court as part of the costs.

 Any liability of the claimant included in the judgment may be enforced by execution on the judgment or by proceedings on the bond.

   Official Note

 The trial of an interpleader by a judge sitting without a jury shall be in accordance with Rule 1038.

   The provisions of this Rule 3216 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (15979).

ACTS OF ASSEMBLY NOT SUSPENDED

Rule 3231. Acts of Assembly not suspended. [Rescinded].

   Official Note

   See Rule 3159 for the preservation of the Acts of Assembly formerly preserved by this rule.

   Official Note

   Former Rule 3232 preserved Acts of Assembly which were subsequently repealed.

   Official Note

   Former Rule 3233(a)(1) preserved statutory provisions which were subsequently repealed. See Rule 3191(a)(1)(i) for preservation of the Act of 1963 governing the enforcement of a judgment in rem in an action or proceeding upon a mechanics’ lien.
 All of the Acts of Assembly preserved by former Rule 3233(b) continue to be preserved under Rule 3191(a)(2).

   Official Note

   The statutes formerly preserved by this rule have been repealed.

   The provisions of this Rule 3234 amended August 30, 1965, effective March 1, 1966; rescinded April 6, 1997, effective July 1, 1997, 27 Pa.B. 2045. Immediately preceding text appears at serial page (213447).

ACTS OF ASSEMBLY SUSPENDED

Rule 3241. Acts of Assembly suspended. [Rescinded].

   Official Note

   The statutes formerly suspended by this rule have been repealed.

   Official Note

   Former Rule 3242 suspended statutory provisions which were subsequently repealed.

   Official Note

   Former Rule 3243 suspended statutory provisions which were subsequently repealed.

   Official Note

   Former Rule 3244 suspended statutory provisions which were subsequently repealed.

   Official Note

   See Rule 3191(b) for the suspension of statutory provisions governing writs of scire facias and levari facias.

   Official Note

   The statutes formerly suspended by this rule have been repealed.

   The provisions of this Rule 3246 adopted August 30, 1965, effective March 1, 1966; amended November 19, 1974, 4 Pa.B. 2449; rescinded April 6, 1997, effective July 1, 1997, 27 Pa.B. 2045. Immediately preceding text appears at serial pages (213460) to (213461).

RULES SUPERSEDED

Rule 3249. Attachment rules superseded. [Rescinded].

   Official Note

   Rule 3249 governing attachment rules superseded has been rescinded as obsolete.

   The provisions of this Rule 3249 adopted March 30, 1960, effective November 1, 1960; rescinded March 5, 1997, effective July 1, 1997, 27 Pa.B. 1441. Immediately preceding text appears at serial page (213461).

ABOLITION OF CIVIL ARREST AFTER JUDGMENT

Rule 3250. Abolition of civil arrest after judgment. [Rescinded].

   Official Note

   Rule 3250 governing civil arrest after judgment has been rescinded as its substance has been incorporated into Section 5108(b) of the Judicial Code, 42 Pa.C.S. §  5108(b).

   The provisions of this Rule 3250 adopted March 30, 1960, effective November 1, 1960; rescinded March 5, 1997, effective July 1, 1997, 27 Pa.B. 1441. Immediately preceding text appears at serial pages (213461) to (213462).

FORMS

Rule 3251. Praecipe for Writ of Execution. Money Judgments.

 Except as provided by Rule 2963 governing execution upon a judgment entered by confession, the praecipe for a writ of execution shall be substantially in the following form:

 Issue writ of execution in the above matter,

 (1)  directed to the sheriff of

 (2)  against

 (3)  against

 (4)  and enter this writ in judgment index

   (a)  against

   (b)  against

       against real property of the defendant in name of garnishee as follows:

 (5) Amount due
Interest from

   Official Note

   Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued.
 Paragraph (3) above should be completed only if a named garnishee is to be included in the writ.
 Paragraph (4)(a) should be completed only if entry of the execution in the county of issuance is desired as authorized by Rule 3104(a)(1). When the writ issues to another county entry is required as of course in that county by the prothonotary. See Rule 3104(b).
 Paragraph (4)(b) should be completed only if real property in the name of a garnishee is attached and entry as a lis pendens is desired. See Rule 3104(c).
 Certification as to waiver of exemption may be included in the praecipe. Specific directions to the sheriff as to property to be levied upon may be included in the praecipe or by separate direction at the option of plaintiff.

 (a)  The writ of execution shall include a notice to the defendant, a summary of major exemptions, and a claim for exemption, and shall be substantially in the following form;

 This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly.

 The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor’s exemption of $300. There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights.

 If you have an exemption, you should do the following promptly:

   (1)  Fill out the attached claim form and demand for a prompt hearing.

   (2)  Deliver the form or mail it to the Sheriff’s Office at the address noted.

 You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property.

   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)  

 (Address)  
 

 (Telephone Number)

WRIT OF EXECUTION

 To the Sheriff of

   To satisfy the judgment, interest and costs against

   (1)  you are directed to levy upon the property of the defendant and to sell the defendant’s interest therein;

   (2)  you are also directed to attach the property of the defendant not levied upon in the possession of

       (ii)   that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant’s general exemption provided in 42 Pa.C.S. §  8123.

   (3)  if property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated.

     Amount due

     Interest from

     [Costs to be added]
$

   1. $300 statutory exemption.

   2. Bibles, school books, sewing machines, uniforms and equipment.

   3. Most wages and unemployment compensation.

   4. Social Security benefits.

   5. Certain retirement funds and accounts.

   6. Certain veteran and armed forces benefits.

   7. Certain insurance proceeds.

   8. Such other exemptions as may be provided by law.

 I, the above-named defendant, claim exemption of property from levy or attachment:

   (1)  From my personal property in my possession which has been levied upon,

   (a)  I desire that my $300 statutory exemption be

    (i) set aside in kind (specify property to be set aside in kind):

    (ii) paid in cash following the sale of the property levied upon; or

   (b)  I claim the following exemption (specify property and basis of exemption):

   (2)  From my property which is in the possession of a third party, I claim the following exemptions:

   (a)  my $300 statutory exemption: in cash; in kind (specify property):

   (b)  other (specify amount and basis of exemption):

 I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at

 

 I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §  4904 relating to unsworn falsification to authorities.
 Date:

   Official Note

   Under paragraphs (1) and (2) of the writ, a description of specific property to be levied upon or attached may be set forth in the writ or included in a separate direction to the sheriff.
 Under paragraph (2) of the writ, if attachment of a named garnishee is desired, the garnishee’s name should be set forth in the space provided.
 Under paragraph (3) of the writ, the sheriff may add as a garnishee any person not named in this writ who may be found in possession of property of the defendant. See Rule 3111(a). For limitations on the power to attach tangible personal property, see Rule 3108(a).

 (b) Each court shall by local rule designate the officer, organization or person to be named in the notice.

 Interrogatories of the plaintiff to the garnishee shall be substantially in the following form:

   [Caption]

   Interrogatories to Garnishee
 ‘‘To

 ‘‘You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you:

   ‘‘1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason?

   ‘‘2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant?

   ‘‘3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest?

   ‘‘4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest?

   ‘‘5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor?

   ‘‘6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant’s direction or otherwise discharge any claim of the defendant against you?’’

   7.  If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis.

   8.  If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §  8123? If so, identify each account.

 (The plaintiff may set forth additional appropriate interrogatories.)

   Numerous federal and state statutes provide that funds paid to individuals pursuant to the statutes are exempt from execution, levy and attachment. Perhaps the premier statute in this regard is the Social Security Act which provides, 42 U.S.C. §  407:

   §  407. Assignment; amendment of section

    (a) The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.

   Section 407 provides that not only are future payments exempt from execution but so too are the funds once they have been deposited in the recipient’s account in a bank or other financial institution.

   Prior to the present amendments, the Pennsylvania Rules of Civil Procedure did not comply with these provisions. The writ of execution under Rule 3252, paragraph 2(b), provided that ‘‘the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof.’’ The writ contained no exception for funds of the defendant which are exempt from execution. In addition, the defendant was required to claim the exemption by filing a claim under Rule 3123.1.

   The present amendments to the execution rules address this problem. Under the amended rules, the judgment creditor rather than the defendant has the burden of raising an issue with respect to exempt payments within the scope of new Rule 3111.1. The defendant need not file a claim for exemption as exempt funds are not attached.

   The amendments are as follows:

    1. New Rule 3111.1 is to be promulgated, explicitly stating that funds of the defendant on deposit in certain accounts with a bank or other financial institution are exempt from execution. Social security payments are not named. Rather, the rule speaks in terms of ‘‘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 being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law.’’

    2. The form of the writ of execution set forth in Rule 3252 is amended by incorporating the language of new Rule 3111.1(1). New paragraph 2(c) of the writ advises the garnishee that the attachment does not include the defendant’s funds in an account which exempt funds are deposited electronically on a recurring basis.

    3. Rule 3253 governing interrogatories to the garnishee is amended by adding new interrogatory no. 7. This interrogatory inquires of a bank or other financial institution as garnishee whether the defendant had ‘‘funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law.’’ The garnishee is then required to ‘‘identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis.’’

    4. The prior practice under Rule 3146(b) was that ‘‘the prothonotary, on praecipe of the plaintiff, shall enter judgment against the garnishee for the property of the defendant admitted in the answer to interrogatories to be in the garnishee’s possession.’’ Rule 3146(b) has been amended by adding new paragraph (2) providing that if the answer of a bank or other financial institution to interrogatory no. 7 identifies one or more accounts as containing exempt funds, ‘‘the prothonotary, in the absence of an order of court, shall not enter judgment pursuant to paragraph (1) of this subdivision as to funds of any account of the defendant that is identified in the garnishee’s answer’’ to the interrogatory.

    5. Section 8123 of the Judicial Code, 42 Pa.C.S. §  8123, provides for a $300 monetary exemption. This exemption is treated separately in new Rule 3111.1(2), in new paragraph (2)(c)(ii) of the writ of execution prescribed by Rule 3252 and in a new interrogatory to the garnishee under Rule 3253, interrogatory no. 8. The amendments provide a similar procedure for the $300 monetary exemption as for recurring electronic deposits described above: $300 or less in an account of the defendant is exempt from attachment, the writ of execution notifies the garnishee that $300 or less in an account of the defendant is not attached and interrogatory no. 8 inquires of the garnishee concerning the funds of the defendant on deposit in accounts with the garnishee. As the $300 amount is exempt from attachment, the defendant need not claim it under Rule 3123.1 governing claim of exemption.

 Except as provided by Rule 2974.1 governing execution upon a judgment in ejectment entered by confession, the praecipe for a writ of possession shall be substantially in the following form:

 [Caption]
PRAECIPE FOR WRIT OF POSSESSION

 ‘‘To the Prothonotary:

 ‘‘Issue writ of possession in the above matter.
‘‘

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

 The writ of possession shall be substantially in the following form:

 ‘‘To the Sheriff of

 ‘‘(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to

   Description of property may be included in, or attached to, the writ.
 ‘‘(2) To satisfy the costs against

   Official Note

   If the judgment includes profits or damages, or if attachment execution for costs is desired, the plaintiff may issue a separate writ of execution under Rule 3102.

 The praecipe for a writ of execution in an action of mortgage foreclosure shall be substantially in the following form:

 ‘‘Issue writ of execution in the above matter:

       Amount due

       Interest from

       [Costs to be added]
$

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

 The writ of execution in an action of mortgage foreclosure shall be substantially in the following form:

 ‘‘To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property:

   (1) 

   (2) 

   Description of property may be included in, or attached to, the writ.

       Amount due

       Interest from

       [Costs to be added]
$

 1. The property listed below and levied upon in this case is not the property of the defendant but is the property of the undersigned. A list of the claimed property and the values thereof are:
     List of Property            Value          

 2. The claimant obtained title to the property as follows:

   Official Note

 You are hereby notified that a property claim, a copy of which is attached hereto, has been filed by

   Official Note

 Enter objection to the sheriff’s determination of ownership of the property:
Date:

   Official Note

   Adopted August 30, 1965, effective March 1, 1966.

DEFICIENCY JUDGMENTS
GENERAL PROVISIONS

Rule 3276. Scope.

 The rules of this chapter govern proceedings pursuant to Section 8103 of the Judicial Code, 42 Pa.C.S. §  8103, relating to deficiency judgments.

   Official Note

   Section 8103(a) of the Judicial Code provides for a petition to fix the fair market value of real property sold in execution proceedings where the price for the property sold is not sufficient to satisfy the amount of the judgment, interest and costs and the judgment creditor seeks to collect the balance due.

 Section 8103(d) provides for a petition to have the judgment marked satisfied, released and discharged when the judgment creditor has not initiated a timely proceeding under Section 8103(a).

 Rules 3276—3280 are general provisions applicable to both types of petitions. Rules 3281—3286 are special rules applicable to petitions under Section 8103(a) while Rules 3287—3291 apply to petitions under Section 8103(d).

 As used in this chapter,

   (1)  ‘‘prior lien amounts’’ means the amounts of any prior liens, costs, taxes and municipal claims not discharged by the sale, and the amounts of any such items paid at distribution on the sale;

   (2)  ‘‘special allocations’’ means the special allocations required by Section 8103(f) of the Judicial Code;

   Official Note

   Section 8103(f) of the Judicial Code provides for certain special allocations when judgment has been entered with respect to a partial recourse obligation or an obligation of which only a portion is guaranteed.

   (3)  the following words shall have the meanings set forth in Section 8103(g) of the Judicial Code: ‘‘judgment,’’ ‘‘judgment creditor,’’ and ‘‘nonconsumer judgment creditor.’’

   Official Note

   Section 8103(g) of the Judicial Code contains several definitions relating to deficiency judgments. The words set forth in paragraph (3) are common to both the rules and the Code.

 ‘‘Judgement’’ is defined by Section 8103(g) as ‘‘[t]he judgment which was enforced by the execution proceedings referred to in subsection (a), whether that judgment is a judgment in personam such as a judgment requiring the payment of money or a judgment de terris or in rem such as a judgment entered in an action of mortgage foreclosure or a judgment entered in an action or proceeding upon a mechanic’s lien, a municipal claim, a tax lien or a charge on land.’’

 ‘‘Judgment creditor’’ is defined by Section 8103(g) as ‘‘[t]he holder of the judgment which was enforced by the execution proceedings.’’

 ‘‘Nonconsumer judgment creditor’’ is defined by Section 8103(g) as ‘‘[a]ny judgment creditor except a judgment creditor whose judgment was entered with respect to a consumer credit transaction.’’

 The proceeding shall be brought in the county in which the real property which is sold is located as a supplemental proceeding in the execution proceeding in that county.

 (a)  The proceeding shall be commenced by filing a petition which shall begin with the notice to defend and set forth the averments required by Rule 3282 or Rule 3288.

 (b)  The petition shall contain a caption setting forth

   (1)  the docket number of the execution proceedings in which the real property was sold, and

   (2)  the names of all petitioners and respondents.

   Official Note

   See Rules 3281 and 3287 governing parties to the proceeding.

 (c)  The petition shall be verified and divided into paragraphs numbered consecutively. Each paragraph shall contain as far as practicable only one material allegation.

 (a)  Except as provided by subdivision (b), an answer to a petition which contains a notice to defend shall be filed within twenty days after service of the petition.

 (b)  A respondent served outside the United States shall have sixty days from service of the petition within which to file an answer.

 (c)  The answer to a petition shall be divided into paragraphs, numbered consecutively, corresponding to the numbered paragraphs of the petition.

   The provisions of this Rule 3280 adopted December 6, 1996, effective January 1, 1997, 26 Pa.B. 6068.

PROCEEDINGS UNDER SECTION 8103(A) TO FIX FAIR MARKET VALUE OF REAL PROPERTY SOLD

Rule 3281. Parties.

 (a)  The petition shall name the judgment creditor as petitioner.

 (b)  The petition shall name as respondent any debtor, obligor, guarantor, mortgagor, and any other person directly or indirectly liable to the judgment creditor for the payment of the debt, and any owner of the property affected thereby.

 (a)  The petition shall set forth:

   (1)  the name and address of the judgment creditor,

   (2)  the name and last known address of each respondent,

   (3)  a statement that the petition is filed pursuant to Section 8103(a) of the Judicial Code,

   (4)  the court and number of the execution proceedings, the original judgment and any judgment obtained by transfer,

   (5)  the date the property was struck down to the successful bidder and the date the sheriff’s deed was delivered,

   (6)  a description of the real property and its location,

   (7)  the fair market value of the real property,

   (8)  a description of all prior lien amounts if the petitioner desires credit for such amounts,

   Official Note

   For the definition of prior lien amounts, see Rule 3277.

   (9)  if the petition requests a special allocation, a statement that the judgment creditor is a nonconsumer judgment creditor;

   (10)  any special allocation required by Section 8103(f) of the Judicial Code, and

   (11)  a request that the court fix the fair market value of the real property at the value set forth in the petition and that the court determine any prior lien amounts and any special allocation as set forth in the petition.

 (b)  The petition shall begin with a notice to defend substantially in the following form:

(CAPTION)

NOTICE TO DEFEND

 To the Respondent(s):

 You have been sued in court. The petition set forth in the following pages requests the court to determine the amount which should be credited against any liability you may have to the petitioner as a result of the purchase by the petitioner at an execution sale of the real property described in the petition. If you wish to defend against the petition, you must take action within twenty (20) days after this petition and notice are served upon you, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the matters set forth in the petition. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any claim or relief requested by the petitioner. You may lose money or property or other rights important to you.

 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.

   Official Note

   The office shall be designated by the court under Rule 1018.1(c).

 (a)  The petition shall be served

   (1)  upon a respondent who is a defendant in the judgment who has entered an appearance, by the petitioner in the manner provided by Rule 440, and

   (2)  upon any other respondent

     (i)   by the sheriff or a competent adult who is not a party to the action in the manner prescribed by Rule 402(a) for service of original process, or

     (ii)   by the petitioner mailing a copy in the manner prescribed by Rule 403, or

     (iii)   if service cannot be made as provided in subparagraphs (i) or (ii), pursuant to special order of court as prescribed by Rule 430.

 (b)  The person serving the petition shall file a return of service as provided by Rule 405.

 The court shall, without further notice or hearing, enter an order determining the fair market value of the real property to be the value alleged in the petition, determining the prior lien amounts to be in the amounts alleged in the petition and making any special allocation requested by the petition if

   (1)  no answer if filed within the required time to a petition which contains a notice to defend and notice has been given as provided by Rule 237.1 et seq., or

   (2)  an answer is filed which does not deny the allegations in the petition as to the fair market value, the prior lien amounts or any special allocation.

 If an answer is filed which denies the allegations in the petition as to the fair market value, the prior lien amounts or the entitlement of the petitioner to any special allocation, the trial shall be limited to such of those issues as are raised by the answer, which shall be heard by a judge sitting without a jury in accordance with Rule 1038.

   Official Note

   Rules 206.4 through 206.7 governing petitions and answers do not apply to a petition subject to these rules.

   The provisions of this Rule 3286 adopted December 6, 1996, effective January 1, 1997, 26 Pa.B. 6068; rescinded August 7, 2001, effective September 4, 2001, 31 Pa.B. 4639. Immediately preceding text appears at serial page (260402).

PROCEEDINGS UNDER SECTION 8103(d) TO MARK JUDGMENT SATISFIED, RELEASED AND DISCHARGED

Rule 3287. Parties.

 The petition shall name the judgment creditor as a respondent.

 (a)  The petition shall set forth:

   (1)  the name and address of the petitioner,

   (2)  the name and last known address of each respondent,

   (3)  a statement that the petition is filed pursuant to Section 8103(d) of the Judicial Code,

   (4)  the court and number of the execution proceedings, the original judgment and any judgment obtained by transfer,

   (5)  a statement that the real property was sold, directly or indirectly, to the judgment creditor in the execution proceedings,

   (6)  the date that the property was sold by the sheriff and the date that the sheriff’s deed was executed and acknowledged,

   (7)  a statement that no petition under Section 8103(a) of the Judicial Code has been filed within six months after the sale, and

   (8)  a request that the court direct the prothonotary to mark the judgment satisfied, released and discharged.

 (b)  The petition shall begin with a notice to defend substantially in the following form:

(CAPTION)

NOTICE TO DEFEND

 To the Respondent(s):

 You have been sued in court. The petition set forth in the following pages requests the court to direct the prothonotary to mark the judgment held by you against the petitioner satisfied, released and discharged as a result of your alleged failure to file a timely petition to fix the fair market value of real property purchased directly or indirectly by you at an execution sale. If you wish to defend against the petition, you must take action within twenty (20) days after this petition and notice are served upon you, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the matters set forth in the petition. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any claim or relief requested by the petitioner. You may lose money or property or other rights important to you.

 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.

   Official Note

   The office shall be designated by the court under Rule 1018.1(c).

 (a)  The petition shall be served in the manner provided by Rule 440.

 (b)  Proof of service shall be as provided by Rule 405.

 The court shall, without further notice or hearing, enter an order directing the prothonotary to mark the judgment satisfied, released and discharged if

   (1)  no answer is filed within the required time to a petition which contains a notice to defend and notice has been given as provided by Rule 237.1 et seq., or

   (2)  an answer is filed which does not deny the allegations in the petition that the judgment creditor has purchased, directly or indirectly, the real property sold in an execution sale on the judgment creditor’s judgment and has failed to file a timely petition to fix the fair market value of the real property under Section 8103(a) of the Judicial Code.

 If an answer is filed which denies the allegations in the petition, the trial shall be by a judge sitting without a jury in accordance with Rule 1038.

   Official Note

   Rules 206.4 through 206.7 governing petitions and answers do not apply to a petition subject to these rules.

   The provisions of this Rule 3291 adopted December 6, 1996, effective January 1, 1997, 26 Pa.B. 6068.