Rule Text
(a) The prothonotary shall immediately give written notice of the entry of
(1) a judgment entered by confession to the defendant by ordinary mail together with a copy of all documents filed with the prothonotary in support of the confession of judgment. The plaintiff shall provide the prothonotary with the required notice and documents for mailing and a properly stamped and addressed envelope; and
(2) any other order or judgment to each party’s attorney of record or, if unrepresented, to each party. The notice shall include a copy of the order or judgment.
(b) The prothonotary shall note in the docket the giving of the notice and, when a judgment by confession is entered, the mailing of the required notice and documents.
(c) Failure to give the notice or when a judgment by confession is entered to mail the required documents, or both, shall not affect the lien of the judgment.
(d) The prothonotary may give the notice required by subdivision (a) or notice of other matters by facsimile transmission or other electronic means if the party to whom the notice is to be given or the party’s attorney has filed a written request for such method of notification or has included a facsimile or other electronic address on a prior legal paper filed in the action.
Amendment history: The provisions of this Rule 236 adopted October 4, 1973, effective December 1, 1973, amended March 9, 1977, effective April 10, 1977, 7 Pa.B. 839; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended June 3, 1994, effective September 1, 1994, 24 Pa.B. 3017; amended November 28, 2000, effective January 1, 2001, 30 Pa.B. 6421; amended April 29, 2003, effective September 1, 2003, 33 Pa.B. 2356; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended June 12, 2006, effective July 1, 2006, 36 Pa.B. 3085; amended December 29, 2008, effective immediately, 39 Pa.B. 304. Immediately preceding text appears at serial pages (302438) and (331697).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
The prothonotary is the clerk of court who handles civil case paperwork. When a judge signs an order or judgment, the prothonotary must quickly send written notice to everyone involved in the case. If you have a lawyer, the notice goes to your lawyer. If you do not have a lawyer, the notice goes directly to you.
When someone gets a judgment by confession entered against them (this is when a creditor gets a court judgment without a full trial, often based on a loan agreement), the clerk must mail the defendant a copy of the judgment plus all the paperwork the creditor filed. The creditor is responsible for providing the clerk with the documents and a stamped, addressed envelope to make this happen.
The clerk records in the case file when notices are sent. If the clerk forgets to send a notice, the judgment is still valid and still creates a lien on property. The mistake does not cancel the judgment.
The clerk can send notices by fax or email instead of regular mail if you or your lawyer have asked for that in writing or have listed a fax number or email address on a document already filed in the case.
Committee Notes
See Rules 1012 and 1025 as to the requirement of an address on an appearance and a pleading.
Except as provided by subdivision (a)(1) relating to the entry of a judgment by confession, Rule 236 does not prescribe a particular method of giving notice. Methods of notice properly used by the prothonotary include, but are not limited to, service via United States mail and courthouse mail. Subdivision (d) governs facsimile transmission and other electronic means if the prothonotary chooses to use such a method.
A facsimile or other electronic address set forth on letterhead is not a sufficient basis under this rule to authorize the prothonotary to give notice electronically.
Notice by facsimile transmission or other electronic means is applicable not only to orders and judgments under subdivision (a) but also to ‘‘other matters’’ such as the scheduling of a conference, hearing or trial or other administrative matters. Where the technology involved provides an acknowledgment for the mailing or the receipt of the notice, the prothonotary should retain that acknowledgment as part of his or her file.
See Rule 205.4 governing filling and service of legal papers by electronic means other than facsimile transmission.
See Rule 440(d) governing service of legal papers other than original process by facsimile transmission.
