Current through Register Vol. 54, No. 24, June 15, 2024
Rule 403 - Issuance and Reissuance of Order of ExecutionA. Upon the filing of the request form, the magisterial district judge shall note on the form the time and date of its filing and shall issue the order of execution thereon. The magisterial district judge shall deliver the order of execution for service and execution to the sheriff of, or any certified constable in, the county in which the office of the magisterial district judge issuing the order is situated. If this service is not available to the magisterial district judge, service may be made by any certified constable of the Commonwealth.B.(1) Upon written request filed by the plaintiff within five years from the date of entry of the judgment, an order of execution shall be reissued at any time, and any number of times.(2) If an order of execution is superseded by an appeal, writ of certiorari, supersedeas, or a stay pursuant to a bankruptcy proceeding or other federal or state law, and (a) The appeal, writ of certiorari, or supersedeas is stricken, dismissed, or otherwise terminated; or(b) The bankruptcy or other stay is lifted; and(c) The plaintiff wishes to proceed with the order of execution, the plaintiff must file with the magisterial district judge a written request for reissuance of the order of execution in accordance with subparagraph (1).C. A written request for reissuance of the order of execution filed pursuant to subparagraph B(2) must be accompanied by a copy of the court order or other documentation striking, dismissing, or terminating the appeal, writ of certiorari, or supersedeas, or lifting the bankruptcy or other stay.The provisions of this Rule 403 amended through April 25, 1979, effective 5/25/1979, 9 Pa.B. 1499; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended July 16, 2001, effective 8/1/2001, 31 Pa.B. 4055; amended April 5, 2002, effective 7/1/2003, 32 Pa.B. 2207; amended August 14, 2013, effective in 30 days on September 13, 2013, 43 Pa.B. 4967; amended April 17, 2020, effective 9/1/2020, 50 Pa.B. 2252.