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Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to ?stay? or ?stop? the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident's attorney if one is retained.

Code § 237.5 - Form of Notice of Praecipe to Enter Judgment by Default. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.

The Writ of Possession notifies the tenant that an eviction will take place on or after 11 days from the day the Writ of Possession is served. As a result, no eviction can take place until 21 days after the court judgment- (10 day appeal period + 11 day Writ of Possession).

An order for possession gives a sheriff or constable the right to evict a tenant from the leased property. However, a landlord may be faced with a tenant who wants to make payment of the judgment before the eviction. Tenants in Pennsylvania have the right to pay and stay under the Landlord Tenant Act.

A writ of possession is served following a default judgement or eviction lawsuit. The Sheriff is the person who serves the writ on the occupants and it usually has to be served to the tenant or occupants in person. The writ of possession often gives ample time before the eviction is enforced.

Stopping the Writ of Execution The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment.

A document that a plaintiff files with the prothonotary to commence a civil action in a Pennsylvania court of common pleas before filing a complaint (Pa. R. Civ.

It takes 5 days for the Writ of Possession to be issued by the court. Law enforcement officials have 48 hours to serve this court order to the tenant. After that, the tenant has 10 days to move out of the property.

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Issue Writ of Possession in the above matter, for possession of: (describe property). Attorney(s) for Plaintiff(s).(2) To satisfy the costs against. , you are directed to levy upon any property of. Date: (Specifically describe property). (Note: Description of property must be included in, or attached to, the writ.) (2). Items 11 - 19 — (Writ of Possession or Writ of Sale) Judgment was entered for the following: a. Possession of real property: The complaint was filed on (date):. File the praecipe and writ with the 3129 affidavit and Act 91 certification, if applicable. Include the address or legal description of the property. Possession.

Pennsylvania Praecipe For Writ of Possession

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