231 Pa. Code r. 2963 - Praecipe for Writ of Execution. Certification. Form

The praecipe for a writ of execution upon a confessed judgment shall be substantially in the following form:

[CAPTION]

PRAECIPE FOR WRIT OF EXECUTION UPON A

CONFESSED JUDGMENT

To the Prothonotary:

Issue a writ of execution upon a judgment entered by confession in the above matter,

(1) directed to the sheriff of ____________ county;

(2) against ____________, defendant; and

(Name of Defendant)

(3) against ____________, garnishee;

(Name of Garnishee)

(4) and enter this writ in the judgment index

(a) against ____________, defendant and

(Name of Defendant)

(b) against _________________________, as garnishee,

(Name of Garnishee)

as a lis pendens against real property of the defendant in name of garnishee as follows:

______________________________________

(Specifically describe property)

______________________________________

(If space insufficient attach extra sheets)

(5)

Amount due	$ ____________
Interest from ___	$ ____________
Attorneys' fees**	$ ____________
(Costs to be added)	$ ____________

Certification

I certify that

(a) This praecipe is based upon a judgment entered by confession, and (Delete four of the following paragraphs which are inapplicable.)

(b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this praecipe as evidenced by a return of service filed of record.

(c) Notice will be served at least thirty days prior to the date of the sheriff's sale of real property pursuant to Rule 2958.2.

(d) Notice will be served with the writ of execution pursuant to Rule 2958.3.

(e) Notice was served in connection with a prior execution on this judgment and, pursuant to Rule 2958.4(b), no further notice is required.

(f) Notice is not required under Rule 2956.1(c) because a petition to open or strike the judgment was previously filed.

______________________________________

(Attorney for Plaintiff)

Notes

231 Pa. Code r. 2963

The provisions of this Rule 2963 adopted April 1, 1996, effective 7/1/1996, 26 Pa.B. 1806; amended September 13, 1996, effective immediately, 26 Pa.B. 4636; amended December 19, 2003, effective 7/1/2004, 34 Pa.B. 22; amended December 29, 2008, effective immediately, 39 Pa.B. 304.