Rule 3288.Petition. Averments. Notice to Defend.

Adopted December 6, 1996 · Last amended June 10, 2003 · Last verified June 30, 2026

In one sentenceThis rule lists what the petition to mark a judgment satisfied must state — the parties, the execution and judgment, that the creditor bought the property, the sale and deed dates, that no fair-market-value petition was filed within six months, and a request to mark the judgment satisfied — and prescribes the notice to defend.

Full Text of Rule 3288

Text sizeJump to: (a) (b)

(a) The petition shall set forth:

(1) the name and address of the petitioner,

(2) the name and last known address of each respondent,

(3) a statement that the petition is filed pursuant to Section 8103(d) of the Judicial Code,

(4) the court and number of the execution proceedings, the original judgment and any judgment obtained by transfer,

(5) a statement that the real property was sold, directly or indirectly, to the judgment creditor in the execution proceedings,

(6) the date that the property was sold by the sheriff and the date that the sheriff’s deed was executed and acknowledged,

(7) a statement that no petition under Section 8103(a) of the Judicial Code has been filed within six months after the sale, and

(8) a request that the court direct the prothonotary to mark the judgment satisfied, released and discharged.

(b) The petition shall begin with a notice to defend substantially in the following form: (CAPTION) NOTICE TO DEFEND To the Respondent(s): You have been sued in court. The petition set forth in the following pages requests the court to direct the prothonotary to mark the judgment held by you against the petitioner satisfied, released and discharged as a result of your alleged failure to file a timely petition to fix the fair market value of real property purchased directly or indirectly by you at an execution sale. If you wish to defend against the petition, you must take action within twenty (20) days after this petition and notice are served upon you, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the matters set forth in the petition. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any claim or relief requested by the petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

(Name) (Address) (Telephone Number)

End

Plain-English Summary

This rule details the petition that is the debtor’s remedy when a creditor who bought the property lets the six-month window to fix fair market value pass. The petition sets out the petitioner and each respondent, a statement that it is filed under the statute, the execution proceeding and judgment, a statement that the property was sold directly or indirectly to the judgment creditor, the sale and deed dates, a statement that no fair-market-value petition was filed within six months of the sale, and a request that the judgment be marked satisfied, released, and discharged.

It opens with a notice to defend. The required averments establish the creditor’s inaction that entitles the debtor to have the judgment cleared.

Frequently Asked Questions

When can a debtor have the judgment marked satisfied?

When the creditor bought the property and did not file a fair-market-value petition within six months of the sale.

What must this petition show?

The sale to the creditor, the sale and deed dates, and that no fair-market-value petition was filed within six months.

Official Note

Official Note: The office shall be designated by the court under Rule 1018.1(c).

Amendment History

The provisions of this Rule 3288 adopted December 6, 1996, effective January 1, 1997, 26 Pa.B. 6068; amended June 10, 2003, effective September 1, 2003, 33 Pa.B. 2974. Immediately preceding text appears at serial pages (282146) and (282148).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text

Also known as: petition to mark judgment satisfiedsection 8103(d) petition