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PA Bulletin, Doc. No. 98-661

THE COURTS

Title 231--RULES OF CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 2950]

Amendment of Rule 2958.3(a); No. 290; Doc. No. 5

[28 Pa.B. 2026]

Order

Per Curiam:

   And Now, this 17th day of April, 1998, Pennsylvania Rule of Civil Procedure 2958.3(a) is amended to read as follows.

   Whereas prior distribution and publication of the amendment would otherwise be required, it has been determined that the amendment is of a perfunctory nature and that immediate promulgation is required in the interest of efficient administration.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective July 1, 1998.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 2950.  CONFESSION OF JUDGMENT FOR MONEY

Rule 2958.3.  Notice of Execution Served with Writ of Execution. Request for Prompt Hearing Limited to Issue of Waiver of Due Process Rights.

   (a)  Written notice in the form prescribed by Rule 2966 and a form of petition to strike the judgment and request for prompt hearing in the form prescribed by Rule 2967 shall be served upon the defendant with the writ of execution if the property to be levied upon or attached consists of

   (1)  personal property or

   (2)  personal property and real property, not within the scope of Rule 2958.2(a)(2).

*      *      *      *      *

Explanatory Comment

   The amendment to Rule 2958.3(a) supplies an omission with the addition of the words ''or attached''. The amendment conforms the language of subdivision (a) to that of subdivision (b) which begins with the clause ''If the writ has been served and property has been levied upon or attached, . . . .''

By the Civil Procedural
Rules Committee

EDWIN L. KLETT,   
Chairperson

[Pa.B. Doc. No. 98-661. Filed for public inspection May 1, 1998, 9:00 a.m.]



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