Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 10-217

THE COURTS

Title 231—RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 3000 ]

In Re: Amendment of Rules 3022 and 3023 of the Rules of Civil Procedure; No. 520; Civil Procedural Rules

[40 Pa.B. 700]
[Saturday, February 6, 2010]

Order

Per Curiam:

 And Now, this 26th day of January, 2010, upon the recommendation of the Civil Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa. R.J.A. No. 103(a)(3):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 3022 and 3023 of the Pennsylvania Rules of Civil Procedure are amended in the attached form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective immediately.

PATRICIA NICOLA, 
Chief Clerk
Supreme Court of Pennsylvania

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 3000. JUDGMENTS

Subchapter A. TRANSFER OF JUDGMENTS TO OTHER COUNTIES

Rule 3022. Verdict or Order. Lien. Duration.

*  *  *  *  *

 (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.

*  *  *  *  *

 (3) Sections 8141(3)—(5) of the Judicial Code, 42 Pa.C.S. §§§ 8141(3)—(5), [is] are 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] they are 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.

 Section 8141(4) of the Judicial Code provides that the lien of an adverse judgment and other orders shall have priority from the time it is rendered.

 Section 8141(5) of the Judicial Code provides that the lien of an amicable judgment shall have priority from the time the instrument on which it is entered is left for entry.

Rule 3023. Judgment. Lien. Duration.

*  *  *  *  *

 (b) A judgment upon a verdict or an order, when entered in the judgment index, shall

*  *  *  *  *

 (3) Sections 8141(3)—(5) of the Judicial Code, 42 Pa.C.S. §§ 8141(3)—(5), are 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 they are 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.

 Section 8141(4) of the Judicial Code provides that the lien of an adverse judgment and other orders shall have priority from the time it is rendered.

 Section 8141(5) of the Judicial Code provides that the lien of an amicable judgment shall have priority from the time the instrument on which it is entered is left for entry.

*  *  *  *  *

Explanatory Comment

 In 2003, the Supreme Court adopted new Rules 3021 et seq. governing judgment liens and the revival of judgment liens. At that time, new Rule 3022(b)(3) suspended only section 8141(3) of the Judicial Code because its provision governing lien priority for verdicts from the time they are recorded by the court was inconsistent with Rule 3022 which provides for lien priority as of the date when a verdict is entered in the judgment index.

 Sections 8141(4) and (5) of the Judicial Code are also being suspended because they are inconsistent with Rule 3023. Both sections 8141(4) and (5) create a lien that is earlier in time that what Rule 3023 provides. Since these statutory provisions can create hidden liens, the Supreme Court has suspended both statutory provisions.

[Pa.B. Doc. No. 10-217. Filed for public inspection February 5, 2010, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.