Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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231 Pa. Code Rule 2957. Praecipe for Writ of Execution; Amount; Items Claimed; Certification.

Rule 2957. Praecipe for Writ of Execution; Amount; Items Claimed; Certification.

 (a)  Plaintiff may include the amount due, interest, attorneys’ fees and costs in the praecipe for a writ of execution under Rule 2963(5).

 (b)  The praecipe for the writ of execution shall contain the words ‘‘Confessed Judgment’’ immediately below the title of the praecipe and a certification that

   (1)  the praecipe is based upon a confessed judgment and

   (2)  the prothonotary is authorized to issue the writ of execution because

     (i)   notice has been served pursuant to Rule 2958.1 as evidenced by a return of service filed of record, or

     (ii)   notice will be served pursuant to Rule 2958.2 because the property to be levied upon consists solely of real property or real property and personal property to be sold with the real property pursuant to Section 9604(a) of the Uniform Commercial Code, or

     (iii)   notice will be served pursuant to Rule 2958.3 because the property to be levied upon consists of personal property or personal property and real property, not within the scope of Rule 2958.2(a)(2), or

     (iv)   notice was served in connection with a prior execution on this judgment and no further notice is required under Rule 2958.4(b), or

     (v)   a petition to open or strike the judgment has been previously filed and notice is not required under Rule 2956.1(c).

   Official Note

   See Rule 2963 for the form of the praecipe for writ of execution upon a confessed judgment.

Source

   The provisions of this Rule 2957 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended October 15, 2004, effective immediately, 34 Pa.B. 5890; amended December 29, 2008, effective immediately, 39 Pa.B. 304. Immediately preceding text appears at serial pages (307566) to (307567).



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