Skip to main content

Rule 2963 Praecipe for Writ of Execution. Certification. Form

Chapter 2950: Confession of Judgment for Money

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)

Amendment history: 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).