Phil. Cnty. Pa. *2951

As amended through December 18, 2021
Rule *2951 - Judgments by Confession-Affidavit of Non-Military Service Required

In any proceeding to confess judgment upon a power of attorney contained in any written instrument, the plaintiff shall be required to comply with paragraph (A) of Philadelphia Civil Rule *1037.1 with respect to the filing of an affidavit regarding military service. If the Court is of the opinion that the defendant is not in the service or that the defendant's ability to comply with the terms of such written instrument is not materially affected by reason of such service, an order may be issued directing the Office of Judicial Records to enter judgment. If the defendant is found to be in the military service, an attorney shall be appointed to represent the defendant as provided in paragraph (C) of Philadelphia Civil Rule *1037.1, and the Court may issue an order directing the Office of Judicial Records to enter judgment but containing a stay of execution, unless it shall appear that the defendant's ability to comply with the terms of the written instrument is not materially affected by the military service, in which case the stay may be omitted. The stay of execution may be removed by the Court at any time when, in the opinion of the Court, the plaintiff has complied with these rules and the terms of the Soldiers' and Sailors' Civil Relief Act and such stay is no longer necessary to protect the defendant's interests under the circumstances.

Phil. Cnty. Pa. *2951

Former Rule 105; originally Star Rule *921.