Rule 3049.1.Abolition of Practice and Procedure Under Repealed Statutes.
Adopted December 19, 2003 · Last amended October 15, 2004 · Last verified September 25, 2026
Full Text of Rule 3049.1
Plain-English Summary
The Judiciary Act Repealer Act (JARA) of 1978 repealed a number of old statutes about judgments and their liens. This rule names three of them and abolishes the practice and procedure they provided, so none continues as part of the common law: sections 1 and 2 of the Act of March 23, 1877, on the lien of a verdict; section 1 of the Act of April 22, 1909, on consolidating judgments by scire facias; and sections 2 through 7 of the Judgment Lien Law of July 3, 1947.
The official notes explain what each statute covered. The Judgment Lien Law sections, for example, dealt with the property subject to a lien, how long a lien lasted, reviving it, and execution after five years. Where the rules address those subjects — reviving a judgment lien, for instance — the rules supply the procedure.
Frequently Asked Questions
Which statutes does the rule cover?
Sections 1 and 2 of the Act of March 23, 1877; section 1 of the Act of April 22, 1909; and sections 2 through 7 of the Act of July 3, 1947, known as the Judgment Lien Law.
Does the practice of those statutes survive as common law?
No. The rule abolishes it, and it shall not continue as part of the common law of the Commonwealth.
Official Note
Official Note: The Act of 1877 relating to lien of verdict was repealed by Section 2(a) of JARA, 42 P. S. § 20002(a)(687).
Official Note: The Act of 1909 relating to consolidation of judgments by scire facias was repealed by Section 2(a) of JARA, 42 P. S. § 20002(a).
Official Note: The Judgment Lien Law was repealed by Section 2(a) of JARA, 42 P. S. § 20002(a). The repealed sections concerned the property subject to lien and duration of lien (§ 2), the manner of reviving lien and duration of revived lien (§ 3), scire facias as lien (§ 4), revival of lien against person in armed forces (§ 5), service of scire facias and judgment on return of nihil habet (§ 6), and property subject to execution, lien of execution and execution after five years (§ 7).
Amendment History
The provisions of this Rule 3049.1 adopted December 19, 2003, effective July 1, 2004, 34 Pa.B. 22; amended October 15, 2004, effective immediately, 34 Pa.B. 5889. Immediately preceeding text appears at serial page (302573).