Rule 3101 Definitions. Garnishee. Scope

The enforcement of judgments in special actions of ejectment, replevin and mortgage foreclosure is governed by Rules of Civil Procedure 3160 et seq. Political subdivision includes a municipal or other local authority. See Definition Rule 76.

‘‘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.

For limitation on the power to attach tangible personal property see Rule 3108(a).

Judgments against the Commonwealth, political subdivisions and public authorities constituting bodies corporate and politic, shall be enforced in accord with the appropriate Acts of Assembly which remain unsuspended. As to first class townships, see The First Class Township Code of June 24, 1931, P. L. 1206, § 1711, as amended, 53 P. S. § 56711. 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) , 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The following Acts of Assembly were repealed by the Judiciary Act Repealer Act (JARA).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, 16 P. S. § 2804, as amended. The Act of July 28, 1953, P. L. 723, § 3204, 16 P. S. § 6204 pertaining to second class counties.

For the attachment of wages under Section 8127(a)(3.1) of the Judicial Code, see Rule 3301 et seq.