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PA Bulletin, Doc. No. 04-1951

THE COURTS

PART I.  GENERAL

[231 PA. CODE CHS. 200 AND 2950]

Technical Amendment of Rules 239(f), 2957(b) and 2958.2(a); No. 421 Civil Procedural Rules; Doc. No. 5

[34 Pa.B. 5890]

Order

Per Curiam:

   And Now, this 15th day of October, 2004, Pennsylvania Rules of Civil Procedure 239(f), 2957(b) and 2958.2(a) are amended to read as follows.

   Whereas prior distribution and publication of these amendments would otherwise be required, it has been determined that the amendments are of a perfunctory nature and that immediate promulgation is required in the interests of justice and efficient administration.

   This order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective immediately.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 200.  BUSINESS OF COURTS

Rule 239.  Local Rules.

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   (f)  No civil action or proceeding shall be dismissed for failure to comply with a local rule [other than one promulgated under Rule of Judicial Administration 1901].

   [Official Note:  Rule of Judicial Administration 1901 directs each court of common pleas to provide by local rule for the termination of matters which have been inactive for an unreasonable period of time.]

CHAPTER 2950.  CONFESSION OF JUDGMENT FOR MONEY

Rule 2957.  Praecipe for Writ of Execution. Amount. Items Claimed. Certification.

*      *      *      *      *

   (b)  The praecipe for the writ of execution shall contain the words ''Confessed Judgment'' immediately below the title of the praecipe and a certification that

*      *      *      *      *

   (2)  the prothonotary is authorized to issue the [praecipe] writ of execution because

*      *      *      *      *

   (ii)  notice will be served pursuant to Rule 2958.2 because the property to be levied upon consists solely of real property or real property and personal property to be sold with the real property pursuant to Section [9501(d)] 9604(a) of the Uniform Commercial Code, or

*      *      *      *      *

Rule 2958.2.  Notice of Execution Served with Notice of Sale of Real Property.

   (a)  Written notice substantially in the form prescribed by Rule 2965 shall be served upon the defendant at least thirty days prior to the sheriff's sale if the property to be levied upon consists solely of

*      *      *      *      *

   (2)  real property and personal property to be sold with the real property pursuant to Section [9501(d)] 9604(a) of the Uniform Commercial Code.

   Official Note:  Section [9501(d)] 9604(a) of the Uniform Commercial Code, 13 Pa.C.S. § [9501(d)] 9604(a), relates to the rights of a secured party when the agreement covers real and personal property.

*      *      *      *      *

[Pa.B. Doc. No. 04-1951. Filed for public inspection October 29, 2004, 9:00 a.m.]


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