§ Rule 2963 Praecipe for Writ of Execution Certification Form

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)

    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.