Subchapter A. TRANSFER OF JUDGMENTS TO OTHER COUNTIES
Rule
3001. Definition.
3002. Transfer to another county.
3003. Execution. Lien. Revival.
3010. Acts of Assembly not suspended. [Rescinded].
3011. Acts of Assembly suspended. [Rescinded].
3020. Definition.
3021. Verdict. Order. Judgment. Entry in Judgment Index.
3022. Verdict or Order. Lien. Duration.
3023. Judgment. Lien. Duration.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.
Source The provisions of this Rule 3001 adopted March 30, 1960, effective November 1, 1960; amended June 23, 1975, effective October 1, 1975, 5 Pa.B. 1829; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (227323).
Rule 3002. Transfer to another 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.
Source The provisions of this Rule 3002 adopted March 30, 1960, effective November 1, 1960; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial page (227323).
Rule 3003. Execution. Lien. Revival.
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
Adopted March 30, 1960, effective November 1, 1960.
Rule 3010. Acts of Assembly not suspended. [Rescinded].
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The Act of 1945 prescribing venue of a petition to open a confessed judgment and preserved by this rule has been repealed.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).
Source The provisions of this Rule 3010 rescinded March 5, 1997, effective July 1, 1997, 27 Pa.B. 1441. Immediately preceding text appears at serial page (213386).
Rule 3011. Acts of Assembly suspended. [Rescinded].
Official Note
Former Rule 3011 preserved an Act of Assembly which was subsequently repealed.
Source The provisions of this Rule 3011 rescinded March 5, 1997, effective July 1, 1997, 27 Pa.B. 1441. Immediately preceding text appears at serial page (213386).
Rule 3020. Definition.
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.
Source This Rule 3020 adopted December 19, 2003, effective July 1, 2004, 34 Pa.B. 22.
Rule 3021. Verdict. Order. Judgment. Entry in Judgment Index.
(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.
Source This Rule 3021 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 (316406) and (307569).
Rule 3022. Verdict or Order. Lien. Duration.
(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), (4) and (5) of the Judicial Code, 42 Pa.C.S. § 8141(3), (4) and (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.
Source This Rule 3022 adopted December 19, 2003, effective July 1, 2004, 34 Pa.B. 22; amended October 15, 2004, effective immediately, 34 Pa.B. 5889; amended November 2, 2007, effective January 1, 2008, 37 Pa.B. 6201; amended January 26, 2010, effective immediately, 40 Pa.B. 700. Immediately preceeding text appears at serial pages (331715) to (331716).
Rule 3023. Judgment. Lien. Duration.
(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.
(3) Section 8141(3), (4) and (5) of the Judicial Code, 42 Pa.C.S. § 8141(3), (4) and (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.
(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.
Source 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; amended January 26, 2010, effective immediately, 40 Pa.B. 700. Immediately preceding text appears at serial pages (331716) to (331717).
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