§ Rule 3251 Praecipe for Writ Of Execution Money Judgments

Rule 3251. Praecipe for Writ Of Execution. Money Judgments

    Except as provided by Rule 2963 governing execution upon a judgment entered by confession, the praecipe for a writ of execution shall be substantially in the following form:

(Caption)

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 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 __________                                                                                  $ __________
             Costs to be added                                                                                              $ __________

                                                                       ______________________________________
                                                                       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)(1). 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.