Section 410. Stay of Execution Generally

(A) Execution shall be stayed as to the property of the defendant upon the occurrence of any of the following:

(1) Upon written request of the plaintiff to the magisterial district court.

(2) Upon the entry of a bond with the magisterial district court by any person or party in interest, with security approved by the magisterial district judge, in the amount of the plaintiff’s judgment, including probable interest and costs, or in such lesser amount as the magisterial district judge may direct, naming the Commonwealth of Pennsylvania as the obligee, and conditioned to pay the amount due within 90 days of the entry of the bond, unless the time for payment is extended by the magisterial district judge.

(3) Upon request of the defendant or party in interest to the magisterial district court made in compliance with federal or state law.

(B) When execution is stayed pursuant to this rule, the stay may not be lifted without written order of the magisterial district judge.

(C) After a stay is lifted, execution may proceed without reissuance of the order of execution.

Official Note

Compare Pa.R.C.P. No. 3121(a). Other rules in this chapter may also provide for a stay in specific circumstances covered by those rules. The magisterial district court shall enter stays in compliance with federal or state law, such as the Servicemembers Civil Relief Act., 50 App. U.S.C. § 501 et seq.

The provisions of this Rule 410 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended June 9, 2008, effective January 1, 2009, 38 Pa.B. 3355; amended August 14, 2013, effective in 30 days on September 13, 2013, 43 Pa.B. 4967. Immediately preceding text appears at serial pages (335207) to (335208).