Section 3026. Parties. Generally

(a) The caption shall contain the name of the original defendant and any terre-tenant against whom the plaintiff seeks to revive the lien of the judgment.

Official Note

The terms ‘‘plaintiff’’ and ‘‘defendant’’ as used in the rules governing judgment liens and revival of judgments refer generally to the judgment creditor and judgment debtor, respectively. Thus, a defendant who holds a judgment against the plaintiff on a counterclaim would be a plaintiff for the purpose of these rules. See also Definition Rule 3101(a).

(b) If the judgment has been assigned or transferred, the caption shall contain the name of the original judgment plaintiff and the name of the real party in interest.

Official Note

See Rule 3026.2 governing terre-tenants as parties and Rule 3026.3 governing revival against a terre-tenant.

As to joinder of personal representatives of a deceased defendant, see Section 3382 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 3382.

The provisions of this Rule 3026 adopted October 1, 1964, effective April 1, 1965; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial page (213387).