Rule 2958.4. Choice of Procedure. Notice upon Subsequent Executions.

 (a)  A plaintiff who has given notice pursuant to Rule 2958.1 may not proceed thereafter under Rules 2958.2 and 2958.3.

 (b)  The notice required by Rules 2958.1 through 2958.3 need not be given upon subsequent executions on a judgment if the notice was given prior to or upon a previous execution on that judgment and either

   (1)  the defendant filed a petition for relief from the judgment and the court denied the relief, or

   (2)  the defendant failed to file a petition for relief from the judgment within thirty days after service of the notice as required by Rule 2959(a)(3).

Source

   The provisions of this Rule 2958.4 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806.

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