Pennsylvania Code (Rules and Regulations) Title 231 - RULES OF CIVIL PROCEDURE; Part I - GENERAL; Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY; . 878 0 obj <>/Filter/FlateDecode/ID[<233F2842D4BE5240B69DF6216EFD2027>]/Index[858 30]/Info 857 0 R/Length 103/Prev 169560/Root 859 0 R/Size 888/Type/XRef/W[1 3 1]>>stream Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. hbbd``b`$W su A"^gY` O (Specifically describe property) (a)against s:^JXP8C;D$N,H`o3ON3RUgNz.H;_&6zg6M}cL@iVOP ;~@xio76"f*7!o|6 }M.]N7~ Tv %J-)eISss8 \@D;C=XM5.TO{l=A4cEEFz9Os2H2E[>F_[}z u*L~0Hnd$#BJYhm[a:i>~?T:0 L=ehq&$ \C@n/2A'/1Lzfq QM*+G+mr(nE^hLN]\mQFfg>PBJC@,KAYzpFP!M=G|XCOTm. Note: By using forms on this website, you are certifying that you have read, understand and agree with this disclaimer. (a)against 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, directed to the Sheriff of against (Name of Defendant) against (Name of Garnishee) and index this writ against (Name of Defendant) County; , defendant and , garnishee 2281; amended June 10, 2003, effective September 1, 2003, 33 Pa.B. Civil Process Information | Chester County, PA - Official Website [Costs to be added] $ 2284 (April 22, 2023). When the writ issues to another county entry is required as of course in that county by the prothonotary. Home Departments Prothonotary Forms Forms Agreement to Revive (PDF) AOPC Cover Sheet (PDF) Attestation (PDF) Certificate for Praecipe for Execution of Attachment (PDF) Certificate of Compliance (PDF) Certificate of Trial Readiness (PDF) Certification For Arbitration Form (PDF) Certification of Docket Entries and Judgment (PDF) (5)Amount due Interest from It sets forth the judgment, as of August 7, 2008, as $1,075,708.08, which includes the original lien amount plus interest in the amount of $396,834.28. 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. Non-Precedential endobj Paragraph (3) above should be completed only if a named garnishee is to be included in the writ. It may cause your property to be held or taken to pay the judgment. endstream endobj 859 0 obj <. Certification as to waiver of exemption may be included in the praecipe. Wording for garnishment or special indexing (on money judgment execution) is prescribed by Pa. R.C.P. Home Government Courts Law Library Civil Forms Civil Forms Additional forms and materials are available at pacourts.us/forms. No part of the information on this site may be reproduced forprofit or sold for profit. sect. Adoption Check List (PDF) Appendix B - Voluntary Post-Adoptions (PDF) Appendix K - Adoption Non-Identifying or Identifying Information (PDF) Certification of Acknowledgment of Paternity (PDF) Children, Youth and Families Bulletin 3350-11-01 (with Appendices) (PDF) Consent by Parent of Adoptee with Notice (PDF) 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. A lawyer can advise you more specifically of these rights. Civil Process Information Civil Process Fee Schedule Filing Requirements for Civil Service of Process Filing Requirements for Writs of Possession Filing Requirements for Writs of Seizure (Vehicle Impound) Filing Requirements for Writs of Execution For questions regarding filing requirements and fees, call 610-344-5978 2026; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. endstream endobj startxref (If space insufficient attach extra sheets) Paragraph (3) above should be completed only if a named garnishee is to be included in the writ. This paper is a Writ of Execution. 1075; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. Sv66EsOk~AV8M_u~0^[$Im"?p. 53, No. Confidential Information Form. Contact Us Driving Directions Parking, Security & ADA Accessibility Court Home Disclaimer & Privacy Policy . (b)against Forms & Information - Delaware County, Pennsylvania IN THE COURT OF COMMON PLEAS OF - York County Pa $ To satisfy the judgment, interest and costs against. (b)Each court shall by local rule designate the officer, organization or person to be named in the notice. Writ of execution; money judgments, 231 Pa. Code - Casetext IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. You may have legal rights to prevent your property from being taken. 25, June 24, 2023. Civil Forms | Chester County, PA - Official Website 790, Order for Expungement Pursuant to Pa.R.Crim.P. (If space insufficient attach extra sheets) Can we have our wedding at the Courthouse? @t_3}?m:?@F_!\$:Y~!tYx.EfH.iYZ,o8)1mcHO+S,+ iA?RH76Gt@uDT Oc,t4hiM6|_4bpk}&OUe5CNW+?u gNI9$dLZ A4X-?$OpJU$CO$!"' CE&Y-0Dd!Hi]3-qz=K%wKr$SQdIJItZMrBjE&!-PCdHiSS-};xM0"Hg|WzhyuMfh)z S6D* k&Xi &"SUId68'&^Nz9/ZB%2B#]/2gz @H YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. (2)Deliver the form or mail it to the Sheriffs Office at the address noted. Confidential Document Form. If you wish to exercise your rights, you must act promptly. 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)(1). 2 0 obj When the writ issues to another county entry is required as of course in that county by the prothonotary. 35 Declaration of Taking 46 Petition for Appointment of Board/Jury of View 114 Other Eminent Domain Proceeding . 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. Official Note Praecipe for Discontinue. 231 Pa. Code Rule 3251. FILING REQUIREMENTS FOR WRITS OF EXECUTION Questions? 550 0 obj <>stream IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. Praecipe for Writ of Execution - Mortgage. The "Amount Due" on the Praecipe and Writ must be the same as or less than the total Attorney for Plaintiff) 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. There is a debtors exemption of $300. 22. If you wish to exercise your rights, you must act promptly. 22. (If space insufficient attach extra sheets) 231 Pa. Code Rule 3252. See Rule 3104(c). Chester County Court of Common Pleas CIVIL COVER SHEET (If space insufficient attach extra sheets) Prothonotary | York County, PA See Rule 3104(c). Praecipe & Writs Forms - Civil Court. I, the above-named defendant, claim exemption of property from levy or attachment: (1)From my personal property in my possession which has been levied upon, (a)I desire that my $300 statutory exemption be. Pennsylvania Code (Rules and Regulations) Title 231 - RULES OF CIVIL PROCEDURE . This material has been drawn directly from the official Pennsylvania Code full text database. Chapter 2970 - CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY; FORMS; 231 Pa. Code 2974.1 - Praecipe for Writ of Possession; 231 Pa. Code 2974.1 - Praecipe for Writ of Possession . To satisfy the judgment, interest and costs against. If you have an exemption, you should do the following promptly: You should come to court ready to explain your exemption. When the writ issues to another county entry is required as of course in that county by the Prothonotary. You may have legal rights to prevent your property from being taken. (f) Notice is not required under Rule 2956.1(c) because a petition to open or strike the judgment was previously filed. $ $ 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. There is a debtor's exemption of $300. This material has been drawn directly from the official Pennsylvania Code full text database. O99u1'D*4!N>. Paragraph (4)(a) should be completed only if indexing of the execution in the county of issuance is desired as authorized by Rule 3104(a). (2)against (iii)any funds in an account of the defendant with a bank or other financial institution that total $300 or less. $ Certification as to waiver of exemption may be included in the praecipe. , as garnishee, as a lis pendens (Name of Garnishee) Most wages and unemployment compensation. The law provides that certain property cannot be taken. Immediately preceding text appears at serial pages (243946) to (297587). 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. (3)if property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. $ (b)against , defendant, and (Name of Defendant) 939; amended April 16, 2010, effective May 17, 2010, 40 Pa.B. 1806; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. Certification as to waiver of exemption may be included in the praecipe. Two (2) time-stamped Writs of Execution. x S=`xquI-H2az8KGb)r ,;{gTN#x"Ek4N?$F,1BaDGWsuDZ.qF57g0;eNnUyqC&WXUxO>m z8*pzU}8s8)CTN6T'+jnQh81~#`8*X=fgH[ Certain veteran and armed forces benefits. The provisions of this Rule 3251 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. (4)and enter this writ in judgment index sect. No statutes or acts will be found at this website. consisting of over 184 square miles divided into forty-nine municipalities is the oldest settled section of Pennsylvania. (b)against Mortgage Foreclosure File the praecipe and writ with the 3129 affidavit and Act 91 certification, if applicable. Pennsylvania Code (Rules and Regulations), Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS, Rule 3252 - Writ of execution; money judgments, Rule 3251 - Praecipe for Writ of Execution. No part of the information on this site may be reproduced for profit or sold for profit. Just deeds? The funds shall be set aside pursuant to the defendants general exemption provided in 42 Pa.C.S. 4 0 obj Plaintiff may include the amount due, interest, attorneys' fees and costs in the praecipe for a writ of execution under Rule 2963(5). If you do not come to court and prove your exemption, you may lose some of your property. %PDF-1.7 I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. See Rule 3104(c). No part of the information on this site may be reproduced for profit or sold for profit. 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)(1). When the writ issues to another county entry is required as of course in that county by the prothonotary. See Rule 3104(b). Common Pleas Forms Combined Civil Cover Sheet Notice of Appeal from MDJ Judgment Magisterial District Court Forms Statement of Objection Landlord Tenant Complaint Civil Complaint Notice of Settlement/Withdrawal Attorney for Plaintiff) @ (Defendant). If you wish to exercise your rights, you must act promptly. endobj (2)against There are other exemptions which may be applicable to you. Praecipe For Writ Of Execution To the Prothonotary: Issue writ of execution 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 index this writ a. Case Monitoring Notice. b. (Id.) In the Court of Common Pleas of Montgomery County, Pennsylvania Tracking address: Tracking code - do not email: Court Appointed Special Advocates for Children, Court Appointed Special Advocates (CASA) for Children FAQ, Instructions for Praecipe and Writ for Execution/Attachment, Instructions for Praecipe and Writ for Mortgage Foreclosure, Instructions for Praecipe and Writ of Possession on a Confessed Judgment, Instructions for Praecipe and Writ of Possession, Instructions for Praecipe and Writ of Execution upon a Confessed Judgment, Instructions for Praecipe and Writ of Revival, Instructions for Praecipe and Writ of Summons, Praecipe and Rule to File Complaint or Bill of Particulars, Praecipe for Entry and Withdrawal of Appearance, Praecipe for Entry of Judgement on Non Pros Pursuant to Rule 1042.7, Praecipe for Withdrawal of Appearance without leave of Court, Praecipe for Writ of Execution Mortgage Foreclosure, Praecipe for Writ of Execution upon a Confessed Judgment, Praecipe for Writ of Possession upon a Confessed Judgment, Praecipe for Writ to Join Additional Defendants, Writ of Execution and/or Attachment on a Confessed Judgment, Writ of Possession upon a Confessed Judgement. 231 Pa. Code Rule 3252. Writ of execution; money judgments. See Rule 3104(b). +(1Q#@Y{BAy:z dEHW: "UjXxu,x}0 Official Note Notice of Appeal from District Justice Judgment. 231 Pa. Code 2974.1 - Praecipe for Writ of Possession (Specifically describe property) It may cause your property to be held or taken to pay the judgment. Immediately preceding text appears at serial pages (326457) to (326461). It may cause your property to be held or taken to pay the judgment. , as garnishee, as a lis pendens (Name of Garnishee) Money Judgments, Rule 3253 - Interrogatories in attachment. (d) Notice will be served with the writ of execution pursuant to Rule 2958.3. $ If indexing in judgment index of issuing county is desired, insert here: "and index this writ against [name Defendant]". 6. Source You may have legal rights to prevent your property from being taken. You may have other exemptions or other rights. Certification as to waiver of exemption may be included in the praecipe. (b)against 1806; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. (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. $ Bibles, school books, sewing machines, uniforms and equipment. - Forms - Monroe County, Pennsylvania $ I verify that the statements made in this Claim for Exemption are true and correct. , as garnishee, as a lis pendens (Name of Garnishee) The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. Step 1: File your Judgment (in any and all counties where the debtor resides or owns property) A judgment is a legal determination by the courts that money is owed from one party to another. , defendant, and (Name of Defendant) 7 0 obj h[!~O ,#|XF 2sI$DY FZ" oH5g-qddZ; [Costs to be added] $ (Id.) 13-1333.3 (Truancy), Order for Expungement Pursuant to 24 P.S. The provisions of this Rule 3251 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. (b) . I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 5. 490, Petition for Expungement Pursuant to Pa.R.Crim.P. Attached is a summary of some of the major exemptions. 2026; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. (4)and enter this writ in judgment index 231 Pa. Code Rule 3251. Praecipe for Writ of Execution. Money Judgments. One (1) Claim for Exemption Form. 130 Declaratory Judgment (in equity only) 24 Injunctive Relief--Preliminary and/or Final Praecipe for Arbitration. , defendant, and (Name of Defendant) Prothonotary Forms. Such other exemptions as may be provided by law. Praecipe to Satisfy. The provisions of this Rule 3251 amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 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)(1). 231 Pa. Code 2957 - Praecipe for Writ of Execution; Amount; Items (4)and enter this writ in judgment index (ii)each account of the defendant with a bank or other financial institution in which funds on deposit exceed $10,000 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. See Rule 3104(b). Certification as to waiver of exemption may be included in the praecipe. 2284 (April 22, 2023). Praecipe for Writ of Execution - Mortgage Foreclosure: Pa. R. C. P. 3256; Praecipe for Writ of Execution - Writ of Summons : Pa. R. C. P. 1351; . You may have other exemptions or other rights. Immediately preceding text appears at serial pages (243946) to (297587). $ Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. How do I obtain a certified marriage license? , defendant, and (Name of Defendant) , garnishee; (Name of Garnishee) 3104 as follows: If garnishment is desired insert here: "and against [stating garnishee's name and address], Garnishee". Judicial Prothonotary Forms Forms Instructions included with documents on this page with regard to in-person filing may be superseded by the current County Covid protocols found at www.montcopa.org/3521/general-divisional-protocols. This paper is a Writ of Execution. 2026; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 2026; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. It may cause your property to be held or taken to pay the judgment. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
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