231 Pa. Code r. 3101

Current through Register Vol. 54, No. 45, November 9, 2024

Rule 3101 - Definitions. Garnishee. Scope

(a) As used in this chapter

"judgment" means a judgment or order 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;

"plaintiff" means the holder of a judgment;

"political subdivision" means a municipal or other local authority. See Definition Rule 76.

"defendant" means any party against whom a judgment has been entered;

"security" means a security as defined by the Uniform Commercial Code;

"document of title" means a negotiable document of title as defined in the Uniform Commercial Code.

(b) Any person may be a garnishee and shall be deemed to have possession of property of the defendant if the person

(1) owes a debt to the defendant;

(2) has property of the defendant in his or her custody, possession or control;

(3) holds as fiduciary property in which the defendant has an interest;

(4) holds the legal title to property of the defendant whether or not in fraud of creditors; or

(5) owns or possesses real property subject to a mortgage, judgment or other lien in which defendant has an interest.

As to second class townships, see Second Class Township Code of May 1, 1933, P. L. 103, No. 69, § 3205, as amended, 53 P. S. § 68205.

As to boroughs, see the Borough Code of February 1, 1966, P. L. (1965)

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, No. 581, § 1303, as amended, 53 P. S. § 46303.

As to school districts, see the Act of March 10, 1949, P. L. 30, § 611, as amended, 24 P. S. § 6-611. As to municipal authorities, state highway authorities, bridge authorities, parking authorities, public housing authorities, General State Authority, and other like public corporations, see the various applicable acts creating them, limiting the remedies of both bondholders and creditors.

The following Acts of Assembly were repealed by the Judiciary Act Repealer Act (JARA). Pursuant to Section (3)(b) of that Act, 42 Pa.C.S. § 20003(b), these statutes remain part of the common law of the Commonwealth. For an example of the application of Section 3(b) of the Act, see Ricci v. Cuisine Management Services, 423 Pa. Super Ct. 371, 621 A.2d 163, 165 (1993).

The County Code of August 9, 1955, P. L. 323, § 2804, 16P. S. § 2804, as amended.

The Act of July 28, 1953, P. L. 723, § 3204, 16P. S. § 6204 pertaining to second class counties.

(c) The rules of this chapter shall not apply to the attachment of wages, salary or commissions to satisfy a money judgment arising from a residential lease pursuant to Section 8127(a)(3.1) of the Judicial Code.

231 Pa. Code r. 3101