Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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231 Pa. Code Rule 2956.1. Execution Upon a Judgment Entered by Confession.

Rule 2956.1. Execution Upon a Judgment Entered by Confession.

 (a)  Except as otherwise provided by subdivisions (b) and (c), a judgment entered by confession shall be enforced as provided by Rule 3101 et seq. governing the enforcement of a judgment for the payment of money.

 (b)  A judgment entered by confession which arises from a retail installment sale, contract or account under the Goods and Services Installment Sales Act or which constitutes a residential mortgage obligation under the Loan Interest and Protection Law shall be conformed as provided by Rule 2981 et seq. prior to execution.

   Official Note

   These Acts of Assembly prohibit execution upon these judgments until they have been conformed in a separate action. Once conformed pursuant to Rule 2986, these judgments may be enforced in the same manner as other judgments for the payment of money.

 (c)  Execution upon a judgment entered by confession which is not within the scope of subdivision (b) and to which a petition to open or strike the judgment has not been filed, shall be

   (1)  commenced by a praecipe as provided by Rule 2957 and

   Official Note

   The praecipe required by subparagraph (1) is in place of the praecipe prescribed by Rule 3251.

   (2)  conditioned upon the service of notice on the defendant in the judgment as provided by either

     (i)   Rule 2958.1 at least thirty days prior to the filing of the praecipe for the writ of execution, or

     (ii)   Rule 2958.2 with the notice of sale of real property, or

     (iii)   Rule 2958.3 with the writ of execution.

   Official Note

   The notice may be given prior to execution under Rule 2958.1 or as part of the execution process under Rule 2958.2 or 2958.3, whichever is applicable.

   Notice prior to execution under Rule 2958.1 may be given in all cases. However, the notice served with the notice of sale of real property under Rule 2958.2 is limited to execution upon real property or real property and personal property subject to Section 9501(d) of the Uniform Commercial Code. The notice served with the writ of execution under Rule 2958.3 is limited to an execution upon personal property or personal and real property.

   Written notice under subdivision (c)(2) is required only in connection with execution proceedings and is in addition to the procedural requirements of Rule 3101 et seq. The notice is in addition also to the notice of the entry of the judgment given by the prothonotary under Rule 236.

Source

   The provisions of this Rule 2956.1 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended September 13, 1996, effective immediately, 26 Pa.B. 4636. Immediately preceding text appears at serial pages (213357) to (213358).



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