231 Pa. Code Rule 3251. Praecipe for Writ of Execution. Money Judgments.

FORMS

Rule 3251. Praecipe for Writ of Execution. Money Judgments.

Except as provided by Rule 2963 governing execution upon a judgment entered by confession, the praecipe for a writ of execution shall be substantially in the following form:

[Caption]
PRAECIPE FOR WRIT OF EXECUTION

To the Prothonotary:
Issue writ of execution in the above matter,
(1)  directed to the sheriff of
county;
(2)  against
, defendant; and
(Name of Defendant)

(3)  against
, garnishee;
(Name of Garnishee)

(4)  and enter this writ in judgment index
   (a)  against
, defendant, and
(Name of Defendant)

   (b)  against
, as garnishee, as a lis pendens
(Name of Garnishee)

       against real property of the defendant in name of garnishee as follows:

(Specifically describe property)

(If space insufficient attach extra sheets)

(5) Amount due
Interest from

[Costs to be added]
$

$

$

Attorney for Plaintiff)

   Official Note
   Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued.
Paragraph (3) above should be completed only if a named garnishee is to be included in the writ.
Paragraph (4)(a) should be completed only if entry of the execution in the county of issuance is desired as authorized by Rule 3104(a)(1). When the writ issues to another county entry is required as of course in that county by the prothonotary. See Rule 3104(b).
Paragraph (4)(b) should be completed only if real property in the name of a garnishee is attached and entry as a lis pendens is desired. See Rule 3104(c).
Certification as to waiver of exemption may be included in the praecipe. Specific directions to the sheriff as to property to be levied upon may be included in the praecipe or by separate direction at the option of plaintiff.

Source

   The provisions of this Rule 3251 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial pages (243946) to (297587).

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