Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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231 Pa. Code Rule 2958.1. Notice Served Prior to Execution.

Rule 2958.1. Notice Served Prior to Execution.

 (a)  A written notice substantially in the form prescribed by Rule 2964 shall be served on the defendant at least thirty days prior to the filing of the praecipe for a writ of execution.

   Official Note

   The notice provided for by this rule may be served in all executions within the scope of Rule 2956.1(c). If notice is served under this rule at least thirty days prior to the filing of the praecipe, notice need not be given under Rule 2958.2 governing execution upon real property or Rule 2958.3 governing execution upon personal or personal and real property. Conversely, if notice is served under either Rule 2958.2 or 2958.3, notice need not be given under this rule.

   Rule 2957(b) governing the praecipe for the writ of execution requires a certification that notice has been given as provided by this rule.

   Rule 2959(a)(3) requires a petition for relief from a confessed judgment to be filed within thirty days after service of notice pursuant to this rule.

 (b)  The notice shall be served

   (1)  upon a defendant in the judgment who has not entered an appearance

     (i)   by the sheriff or by a competent adult who is not a party to the action in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or

     (ii)   by the plaintiff mailing a copy in the manner prescribed by Rule 403, or

     (iii)   pursuant to special order of court as prescribed by Rule 430 if service cannot be made as provided in subparagraphs (i) or (ii), or

   (2)  upon a defendant in the judgment who has entered an appearance, by the plaintiff in the manner provided by Rule 440.

 (c)  The person serving the notice shall file a return of service as provided by Rule 405.

Source

   The provisions of this Rule 2958.1 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767. Immediately preceding text appears at serial pages (256981) to (256982). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)



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