§ Rule 3159 Acts of Assembly not Suspended

Rule 3159. Acts of Assembly not Suspended

    (a) The following Acts of Assembly shall not be deemed suspended or affected:

        (1) Section 428 of the Act approved June 2, 1915, P.L. 736, as amended, 77 P.S. § 951.

    Note: This Section of the Workmen's Compensation Act provides that execution may issue on a workmen's compensation judgment upon first filing with the prothonotary an affidavit of default in payments.

        (2) Section 1 of the Act approved May 7, 1929, P.L. 1589, as amended, 68 P.S. § 322.

    Note: This Act provides for landlord's priority for rent under execution sale against tenant.

        (3) Section 1711 of the Act of June 24, 1931, P.L. 1206, as amended, 53 P.S. § 56711.

    Note: This section of the First Class Township Code provides for a special levy to pay debts.

        (4) Section 3205 of the Act of May 1, 1933, P.L. 103, No. 69, as amended, 53 P.S. § 68205.

    Note: Subdivision (b) of this section of the Second Class Township Code provides for a special levy to pay debts.

        (5) Section 712 of the Act of May 15, 1933, P.L. 565, as amended, 71 P.S. § 733-712.

    Note: This section requires leave of court for execution against a financial institution of which the Secretary of Banking is in possession as receiver.

        (6) Section 1 of the Act approved May 24, 1933, P.L. 987, 40 P.S. § 117.

    Note: This Section relates to the right of plaintiff to maintain an action against an indemnity insurer upon return of execution unsatisfied against insured.

        (7) Section 21 of the Act approved April 6, 1937, P.L. 200, 63 P.S. § 281-21.

    Note: This section relates to pawnbrokers' liens on pledged goods and the prohibition against legal process requiring a pawnbroker to deliver a pledge without surrender of the ticket unless the ticket has been impounded or its negotiation enjoined.

        (8) Section 611 of the Act of March 10, 1949, P.L. 30, as amended, 24 P.S. § 6-611.

    Note: This section of the Public School Code of 1949 provides for the enforcement of judgments against school districts.

        (9) As to boroughs, see the Borough Code of February 1, 1966, P.L. (1965) 1656, No. 581, as amended, 53 P.S. § 46303.

    Note: This section of the Borough Code provides for a special levy to pay debts.

        (10) Any Act of Assembly providing immunity or exemption of property from execution.

    Note: This Section is intended to preserve the numerous Acts of Assembly providing for immunity or exemption of particular types or classes of property from execution. The practice and procedure as to claiming or waiving exemption or immunity is governed by these rules.

    (b) The following provisions of the Consolidated Statutes shall not be deemed suspended or affected:

        (1) Section 5107 of the Pennsylvania Uniform Fraudulent Transfer Act, 12 Pa.C.S. § 5107.

    Note: This section of the Pennsylvania Uniform Fraudulent Transfer Act relates to remedies of creditors.

        (2) The Uniform Commercial Code, 13 Pa.C.S. § 1101 et seq.

        (3) Section 8345 of Associations Code, 15 Pa.C.S. § 8345.

    Note: This Section of the Uniform Partnership Act relates to charging orders in execution against partnership interests.

        (4) Section 8563 of the Associations Code, 15 Pa.C.S. § 8563.

    Note: This Section of the Pennsylvania Revised Limited Partnership Act relates to charging orders in execution against limited partnership interests.

        (5) Section 3377 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 3377.

    Note: This section of the Probate, Estates and Fiduciaries Code provides that execution shall not issue against property of the estate of a decedent upon judgment, other than mortgages, ground rents, pledges or conditional sales of real or personal property, without agreement in writing of the personal representative or approval of the Orphans' Court.

        (6) Section 2503(2) and (3) of the Judicial Code, 42 Pa.C.S. § 2503(2) and (3).

    Note: These sections relate to the right of a garnishee to receive counsel fees.

        (7) Section 5105(f) of the Judicial Code, 42 Pa.C.S. § 5105(f).

    Note: This Section provides that the reversal or modification of any order of a court in a matter in which the court has jurisdiction of the sale, mortgage, exchange or conveyance of real or personal property shall not impair or divest any estate or interest acquired thereunder by a person not a party to the appeal.

        (8) Section 8151 of the Judicial Code, 42 Pa.C.S. § 8151.

    Note: This section requires officers conducting judicial sales of property to give twenty days notice in writing to the Pennsylvania Department of Revenue.

        (9) Sections 8123(b)(3) and (4) of the Judicial Code, 42 Pa.C.S. §§ 8123(b)(3) and (4).

    Note: These Sections provide that there shall be no exemption of property in executions upon judgments for board for four weeks or less or for wages of $100 or less for manual labor.

        (10) Section 8127(b) of the Judicial Code, 42 Pa.C.S. § 8127(b).

    Note: This Section prohibits the commencement of actions or transfer of claims for collection outside of the Commonwealth to defeat a claim for exemption.

        (11) Sections 1114 and 1116 of the Vehicle Code, 75 Pa.C.S. §§ 1114, 1116.

    Note: These sections relate to change of ownership by operation of law and the issuance of certificates of title.