246 Pa. Code r. 403 - Issuance and Reissuance of Order of Execution
A. Upon the filing of the request form, the
magisterial district judge shall note on the form the time and date of its
filing and shall issue the order of execution thereon. The magisterial district
judge shall deliver the order of execution for service and execution to the
sheriff of, or any certified constable in, the county in which the office of
the magisterial district judge issuing the order is situated. If this service
is not available to the magisterial district judge, service may be made by any
certified constable of the Commonwealth.
B.
(1) Upon
written request filed by the plaintiff within five years from the date of entry
of the judgment, an order of execution shall be reissued at any time, and any
number of times.
(2) If an order of
execution is superseded by an appeal, writ of certiorari, supersedeas, or a
stay pursuant to a bankruptcy proceeding or other federal or state law, and
(a) The appeal, writ of certiorari, or
supersedeas is stricken, dismissed, or otherwise terminated; or
(b) The bankruptcy or other stay is lifted;
and
(c) The plaintiff wishes to
proceed with the order of execution, the plaintiff must file with the
magisterial district judge a written request for reissuance of the order of
execution in accordance with subparagraph (1).
C. A written request for reissuance of the
order of execution filed pursuant to subparagraph B(2) must be accompanied by a
copy of the court order or other documentation striking, dismissing, or
terminating the appeal, writ of certiorari, or supersedeas, or lifting the
bankruptcy or other stay.
Notes
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