Current through Register Vol. 54, No. 49, December 7, 2024
Rule 2973.2 - Notice Served Prior to Execution(a) A written notice in the form prescribed by Rule 2974.2 shall be served on the defendant at least thirty days prior to the filing of the praecipe for a writ of possession. Rule 2974.1 governing the form of the praecipe for the writ of possession requires a certification that notice has been given as provided by this rule.
Rule 2959(a)(3) requires a petition for relief from a confessed judgment to be filed within thirty days after service of notice pursuant to this rule.
(b) The notice shall be served (1) upon a defendant in the judgment who has not entered an appearance (i) by the sheriff or by a competent adult who is not a party to the action in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or(ii) by the plaintiff mailing a copy in the manner prescribed by Rule 403, or(iii) pursuant to special order of court as prescribed by Rule 430 if service cannot be made as provided in subparagraphs (i) or (ii), or(2) upon a defendant in the judgment who has entered an appearance, by the plaintiff in the manner provided by Rule 440.(c) The person serving the notice shall file a return of service as provided by Rule 405.The provisions of this Rule 2973.2 adopted April 1, 1996, effective 7/1/1996, 26 Pa.B. 1814; amended May 14, 1999, effective 7/1/1999, 29 Pa.B. 2767; amended June 14, 1999, effective 9/1/1999, 29 Pa.B. 3191.