1203 Amendment of rules governing confession of judgment in ejectment for possession of real property; no. 263; doc. no. 5

Title 231--RULES OF
CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 2970]

Amendment of Rules Governing Confession of Judgment in Ejectment for Possession of Real Property; No. 263; Doc. No. 5

[26 Pa.B. 3531]

Amendatory Order

Per Curiam:

   And Now, this 3rd day of July, 1996, Order No. 257, Civil Procedural Rules Docket No. 5, dated April 1, 1996 is amended by deleting Rule 2974.1 and substituting new Rule 2974.1 to read as follows.

   This Order shall be effective immediately upon publication in the Pennsylvania Bulletin and shall be processed in accordance with Rule of Judicial Administration 103(b).

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 2970.  CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY

Rule 2974.1.  Praecipe for Writ of Possession.

   The praecipe for a writ of possession shall be substantially in the following form:

[Caption]

PRAECIPE FOR WRIT OF POSSESSION UPON A CONFESSED JUDGMENT

To the Prothonotary:

   Issue writ of possession upon the judgment in ejectment entered by confession in the above matter.

Certification

   I certify that

   (1)  This praecipe is based upon a judgment entered by confession, and
(Delete three of the following paragraphs which are inapplicable.)

   (2)  Notice pursuant to Rule 2973.2 has been served at least thirty days prior to the filing of this praecipe as evidenced by a return of service filed of record.

   (3)  Notice pursuant to Rule 2973.3 will be served with the writ of possession.

   (4)  Notice was served in connection with a prior execution on this judgment and, pursuant to Rule 2973.4(b), no further notice is required.

   (5)  Notice is not required under Rule 2973.1(c) because a petition to open or strike the judgment was previously filed.

__________
Attorney for

[Pa.B. Doc. No. 96-1203. Filed for public inspection July 26, 1996, 9:00 a.m.]