§ Rule 3277 Definitions

Codes > Pennsylvania Rules of Civil Procedure > Deficiency Judgments > General Provisions > Rule 3277

Rule 3277. Definitions

    As used in this chapter,

    (1) “prior lien amounts” means the amounts of any prior liens, costs, taxes and municipal claims not discharged by the sale, and the amounts of any such items paid at distribution on the sale;

    (2) “special allocations” means the special allocations required by Section 8103(f) of the Judicial Code;

    Note: Section 8103(f) of the Judicial Code provides for certain special allocations when judgment has been entered with respect to a partial recourse obligation or an obligation of which only a portion is guaranteed.

    (3) the following words shall have the meanings set forth in Section 8103(g) of the Judicial Code: “judgment”, “judgment creditor”, and “nonconsumer judgment creditor”.

    Note: Section 8103(g) of the Judicial Code contains several definitions relating to deficiency judgments. The words set forth in paragraph (3) are common to both the rules and the Code.

    “Judgment” is defined by Section 8103(g) as “[t]he judgment which was enforced by the execution proceedings referred to in subsection (a), whether that judgment is a judgment in personam such as a judgment requiring the payment of money or a judgment de terris or in rem such as a judgment entered in an action of mortgage foreclosure or a judgment entered in an action or proceeding upon a mechanic's lien, a municipal claim, a tax lien or a charge on land.”

    “Judgment creditor” is defined by Section 8103(g) as “[t]he holder of the judgment which was enforced by the execution proceedings.”

    “Nonconsumer judgment creditor” is defined by Section 8103(g) as “[a]ny judgment creditor except a judgment creditor whose judgment was entered with respect to a consumer credit transaction.”