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PA Bulletin, Doc. No. 96-390

THE COURTS

PHILADELPHIA COUNTY

Amendment to Rules of Civil Procedure--Rule 126

[26 Pa.B. 1130]

Order

   And Now, this 20th day of February, 1996, the following amendment to the Rules of Civil Procedure--Rule 126. Executive and Revival of Judgments: Sheriff's Interpleader, was amended at the Board of Judges meeting, as General Court Regulation 96-4-MC.

   This Order, becomes effective thirty (30) days after publication in the Pennsylvania Bulletin.

ALAN K. SILBERSTEIN,   
President Judge

Rule 126.  Executive and Revival of Judgments: Sheriff's Interpleader.

   a.  [Execution] Except as provided below, execution shall not issue until the time for appeal which could be filed with the Court of Common Pleas has expired[, except that execution upon landlord-tenant judgments for writs of possession may issue within five (5) days after judgments].

   b.  Execution upon landlord-tenant judgments for writs of possession may issue on or after five (5) days after judgments, and alias writs of possession may issue on or after sixteen (16) days after issuance of writs of possession.

   [b.] c.  Enforcement and revival of judgments shall be in the same manner as if commenced in the Court of Common Pleas, except that authorized Landlord-Tenant Officers may serve and enforce all writs of possession and alias writs of possession.

   [c.] d.  Sheriff's interpleader proceedings shall be in accordance with the Rules governing actions in the Court of Common Pleas.

   [d.] e.  An alias writ of possession may not be issued after six (6) months from the date of the judgment for possession without leave of court.

[Pa.B. Doc. No. 96-390. Filed for public inspection March 15, 1996, 9:00 a.m.]


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