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PA Bulletin, Doc. No. 96-1627

THE COURTS

Title 231--RULES OF
CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 2950]

Amendment of Rules Governing Confession of Judgment for Money; No. 256; Doc. No. 5

[26 Pa.B. 4636]

Amendatory Order

Per Curiam:

   And Now, this 13th day of September, 1996, Order No. 256, Civil Procedural Rules Docket No. 5, dated April 1, 1996 is amended to read as follows.

   This Order shall be effective immediately and shall be processed in accordance with Rule of Judicial Administration 103(b).

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 2950.  CONFESSION OF JUDGMENT FOR MONEY

   I.  The second sentence of the second paragraph of the note to Rule 2956.1(c)(2) is revised to read as follows:

Rule 2956.1.  Execution upon a judgment entered by confession.

*      *      *      *      *

   (c)  ***

   (2)  ***

   Official Note: ***

   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 [Judicial Code] 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.

*      *      *      *      *

   II.  Clauses (c) and (d) of the certification set forth in Rule 2963 are revised to read as follows:

Rule 2963.  Praecipe for Writ of Execution. Certification. Form.

*      *      *      *      *

Certification

   I certify that

*      *      *      *      *

   (c)  Notice will be served [with the writ of execution] 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 [at least thirty days prior to the date of the sheriff's sale of real property] with the writ of execution pursuant to Rule 2958.3.

*      *      *      *      *

[Pa.B. Doc. No. 96-1627. Filed for public inspection September 27, 1996, 9:00 a.m.]


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