Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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231 Pa. Code Rule 3048. Acts of Assembly not Suspended.

Rule 3048. Acts of Assembly not Suspended.

 The Rules governing the Revival of Judgment Liens shall not be deemed to suspend or affect:

   (1)  Section 9 of the Act of May 16, 1923, P. L. 207, as amended, 53 P. S. §  7143;

   Official Note

   This Section provides for revival of municipal claims for taxes, water rents or rates, lighting rates, power rates and sewer rates.

   (2)  Section 15 of the Act approved May 16, 1923, P. L. 207, as amended, 53 P. S. 7183 insofar as it authorizes revival of municipal claims by suggestion of nonpayment and averment of default;

   (3)  Section 1404 of the Fiscal Code of April 9, 1929, P. L. 343 as amended, 72 P. S. 1404;

   Official Note

   This Section provides for revival of liens for State taxes by the filing of a suggestion of nonpayment and averment of default.

   (4)  Section 1404.1 of the Act of April 9, 1929, P. L. 343, No. 176, added by Section 5 of the Act of December 12, 1994, P. L. 1015, No. 138, 72 P. S. §  1404.1;

   Official Note

    This Section provides that tax liens required to be filed by the Department of Revenue are continued without the necessity of revival.

   (5)  Section 605 of the Act of October 28, 1966, Special Session No. 1, P. L. 55, known as the Goods and Services Installment Sales Act, added by Section 6 of the Act of March 25, 1982, P. L. 199, No. 68, 69 P. S. §  1605;

   Official Note

   This section requires that a proceeding for revival of a judgment entered by confession, which is subject to the Act, be commenced within one year from the lapse of the lien.

   (6) Section 3382 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. §  3382;

   Official Note

   Section 3382 provides for the joinder of the personal representative of a decedent as a defendant and for the continuation of the lien on a decedent’s real estate.

   (7) Section 4352(d) and (d.1) of the Domestic Relations Code, 23 Pa.C.S. §  4352(d) and (d.1);

   Official Note

   Section 4352(d) imposes a lien upon real property for overdue support and Section 4352(d.1) provides for the lien to retain its priority without renewal or revival.

   (8) Section 5526(1) of the Judicial Code, 42 Pa.C.S. §  5526(1);

   Official Note

   This section requires that an action for revival of a judgment lien must be commenced within five years.

   (9) And all other Acts or parts of Acts authorizing special procedures for the revival of judgment liens in favor of the Commonwealth or political subdivisions.

Source

   The provisions of this Rule 3048 adopted October 1, 1964, effective April 1, 1965; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial pages (213390) and (243895).



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