Rule 2963. Praecipe for Writ of Execution. Certification. Form.
The praecipe for a writ of execution upon a confessed judgment shall be substantially in the following form:
[Caption]
PRAECIPE FOR WRIT OF EXECUTION UPON A
CONFESSED JUDGMENT
To the Prothonotary:
Issue a writ of execution upon a judgment entered by confession 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 the judgment index
(a) against
, defendant and (Name of Defendant)(b) against
, as garnishee, (Name of Garnishee)as a lis pendens 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
…$
Attorneys’ fees**…$
(Costs to be added)…$
Certification
I certify that
(a) This praecipe is based upon a judgment entered by confession, and
(Delete four of the following paragraphs which are inapplicable.)
(b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this praecipe as evidenced by a return of service filed of record.
(c) Notice will be served at least thirty days prior to the date of the sheriff’s sale of real property pursuant to Rule 2958.2.
(d) Notice will be served with the writ of execution pursuant to Rule 2958.3.
(e) Notice was served in connection with a prior execution on this judgment and, pursuant to Rule 2958.4(b), no further notice is required.
(f) Notice is not required under Rule 2956.1(c) because a petition to open or strike the judgment was previously filed.
(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). 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 2963 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended September 13, 1996, effective immediately, 26 Pa.B. 4636; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22; amended December 29, 2008, effective immediately, 39 Pa.B. 304. Immediately preceding text appears at serial pages (306116) to (306117) and (302557) to (302558).
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