760 In re: amendment of rules 3111, 3111.1, 3140, 3141, 3252 and 3253 of the rules of civil procedure; no. 523; civil procedural rules
PART I. GENERAL [ 231 PA. CODE CH. 3000 ] In Re: Amendment of Rules 3111, 3111.1, 3140, 3141, 3252 and 3253 of the Rules of Civil Procedure; No. 523; Civil Procedural Rules [40 Pa.B. 2243]
[Saturday, May 1, 2010]Order Per Curiam:
And Now, this 16th day of April, 2010, upon the recommendation of the Civil Procedural Rules Committee; the proposal having been published at 38 Pa. B. 5591 (October 11, 2008), and in the Atlantic Reporter (Second Series Advance Sheets, Vol. 955 No. 1):
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 3111, 3111.1, 3140, 3141, 3252 and 3253 of the Pennsylvania Rules of Civil Procedure are amended in the attached form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective May 17, 2010.
PATRICIA NICOLA,
Chief Clerk
Supreme Court of PennsylvaniaAnnex A TITLE 231. RULES OF CIVIL PROCEDURE PART I. GENERAL CHAPTER 3000. JUDGMENTS Subchapter D. ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY Rule 3111. Service of the writ on garnishee; effect.
* * * * * Official Note: For limitations on the power to attach tangible personal property see Rule 3108(a).
See Rule 3111.1 providing that service of the writ does not attach [the defendant's funds on deposit in a bank or other financial institution in an account in which funds are deposited electronically on a recurring basis and are identified as funds which upon deposit are exempt from attachment] the first $10,000 of each account of the defendant in which any funds are deposited electronically on a recurring basis and are identified as funds that upon deposit are exempt from attachment, or each account of the defendant in which funds on deposit exceed $10,000 at any time, if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from attachment.
* * * * * Rule 3111.1. Exemptions from levy and attachment.
In the absence of a court order, service of the writ upon a bank or other financial institution as garnishee shall not attach [any of the defendant's funds on deposit with the bank or other financial institution in an account in which]
(1) the first $10,000 of each account of the defendant containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, [or]
Official Note: See Rule 3146(b)(2) governing judgment against a bank or other financial institution as garnishee upon admission in answer to interrogatory.
(2) each account in which funds on deposit exceed $10,000 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, and
(3) the funds on deposit, not including any otherwise exempt funds, that do not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123. The plaintiff shall have the right to file an objection if the plaintiff believes that the defendant has exhausted the statutory exemption.
Rule 3140. Notice by garnishee.
* * * * * Official Note: Registered mail includes certified mail. See Definition Rule 76.
Attachment of wages, salary and commissions to satisfy a money judgment arising from a residential lease pursuant to Section 8127(a)(3.1) of the Judicial Code is governed by Rule 3301 et seq.
(d) Where funds in an account are not attached as a result of Rule 3111.1, the garnishee shall not assess any fee against exempt funds contained in any account held by the garnishee.
Rule 3141. Garnishee's duty to defend; venue of proceedings.
(a) [A] Except as provided in Rule 3111.1, a garnishee who forwards copies of the writ and answers to interrogatories to the defendant shall thereafter be under no duty to resist the attachment or defend the action against the defendant in any manner but may do so as provided by these rules.
* * * * * Subchapter E. ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS FORMS Rule 3252. Writ of execution; money judgments.
* * * * * WRIT OF EXECUTION Commonwealth of Pennsylvania )
County of _________________ )
To the Sheriff of _________________ County:
To satisfy the judgment, interest and costs against _________________ , defendant
(Name of Defendant)(1) you are directed to levy upon the property of the defendant and to sell the defendant's interest therein;
(2) you are also directed to attach the property of the defendant not levied upon in the possession of _________________ ,
(Name of Garnishee)
as garnishee, ______ , and to notify the garnishee that (Specifically describe property)(a) an attachment has been issued;
(b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof;
(c) the attachment shall not include [any funds in an account of the defendant with a bank or other financial institution
(i) in which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or] (i) the first $10,000 of each account of the defendant with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law.
(ii) each account of the defendant with a bank or other financial institution in which funds on deposit exceed $10,000 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law.
(iii) any funds in an account of the defendant with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42 Pa.C.S. § 8123.
(3) if property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated.
Amount due $______
Interest from ______ $______
[[Costs to be added]]
Costs to be added $_______________________
(Name of Prothonotary (Clerk))
Seal of the Court
By_________________
(Deputy)* * * * * Rule 3253. Interrogatories in attachment.
Interrogatories of the plaintiff to the garnishee shall be substantially in the following form:
[[Caption]] (Caption) Interrogatories to Garnishee ['']To ______ :
(Garnishee)['']You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you:
['']1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason?
['']2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant?
['']3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which the defendant held or claimed any interest?
['']4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest?
['']5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore?
['']6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you?
7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state [the reason for the exemption, the amount being withheld under each exemption] the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis.
8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account.
(The plaintiff may set forth additional appropriate interrogatories.)* * * * * Explanatory Comment—2010 New Rule 3111.1 was promulgated in 2007 to address the failure of the rules of civil procedure to protect funds held in accounts of banks and other financial institutions that are exempt from execution, levy, and attachment pursuant to federal and state legislation. The current rule protects from attachment all funds in an account in which any funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy, or attachment. The amendment to subdivision (1) of Rule 3111.1 provides that only the first $10,000 held in an account may not be attached whenever the account includes any funds that are identified as being exempt from execution, levy, or attachment. If an account holder believes the remainder is also exempt, he or she may petition the court for relief. Under new subdivision (2) any funds that exceed $10,000 in an account may be attached unless all funds in the account are identified as exempt funds.
[Pa.B. Doc. No. 10-760. Filed for public inspection April 30, 2010, 9:00 a.m.]
