Section 3142. Preliminary objections

(a) The defenses of immunity or exemption of property from attachment or a question of jurisdiction over the garnishee may be raised by preliminary objections filed by the defendant or the garnishee.

Official Note

See also Rule 3145(b) authorizing the garnishee to raise the defenses of immunity or exemption by answer to interrogatories and Rule 3121(d) authorizing the court, on application of any party in interest, to set aside the writ, service or levy upon a showing of exemption or immunity of property from execution or upon any other legal or equitable grounds therefor.

(b) Preliminary objections shall state specifically the grounds relied upon. All preliminary objections shall be raised at one time. They may be inconsistent.

(c) A question of jurisdiction may be raised only by preliminary objections which shall be filed before the garnishee enters an appearance or files an answer to interrogatories. Exemption or immunity of property from execution may be raised at any time.

Official Note

Adopted March 30, 1960, effective November 1, 1960.