Rule 3025. Commencement of proceedings. Venue.
A proceeding to revive which continues or creates the lien of a judgment may be commenced by filing with the prothonotary of the county in which the judgment has been entered
(1) a praecipe for a writ of revival substantially the form provided by Rule 3032, or
(2) an agreement to revive substantially the form provided by Rule 3034.
Section 5526(1) of the Judicial Code, 42 Pa.C.S. § 5526(1), requires that an action for revival of a judgment lien on real property must be commenced within five years. See also Section 605 of the Goods and Services Installment Sales Act, 69 P. S. § 1605(b), requiring that a proceeding for revival of a judgment lien subject to the Act and entered by confession be commenced within one year from the lapse of the lien.
The revival of a judgment lien pursuant to the Commercial Real Estate Broker Lien Act is governed by these rules. See 68 P. S. § 1062.
A lien arising from an overdue support obligation retains its priority without renewal or revival. See Section 4352(d.1)(5)(ii) of the Domestic Relations Code, 23 Pa.C.S. § 4352(d.1)(5)(ii).
The following statutes provide for revival or continuation of liens by filing with the prothonotary a suggestion of nonpayment and an averment of default:
Section 9 of the Act of May 16, 1923, P. L. 207, as amended, 53 P. S. § 7143 relating to municipal claims for taxes, water rents or rates, lighting rates, power rates and sewer rates.
Section 15 of the Act of May 16, 1923, P. L. 207, as amended, 53 P. S. § 7183, providing for continuation of liens on municipal and tax claims;
Section 1404 of the Act of April 9, 1929, P. L. 343, as amended, 72 P. S. § 1404, providing for revival of liens for state taxes, unpaid bonus, interest and penalties;
See also statutory provisions relating to revival of municipal claims and liens, 53 P. S. § 7391 et seq.
Tax liens required to be filed by the Department of Revenue continue without the necessity of revival. See the Act of April 9, 1929, P. L. 343, No. 176, § 1404.1, added by Section 5 of the Act of December 12, 1994, P. L. 1015, No. 138, 72 P. S. § 1404.1.
The provisions of this Rule 3025 amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial pages (227324) and (213387).
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