Pennsylvania Precise to Terminate Supersedes — Rule 1008 is a type of legal document used in Pennsylvania to formally terminate a stay of execution of a judgement, order, or proceeding. This Precise is usually filed in the court in which the judgement, order, or proceeding is pending. It is also known as a writ of supersedes or stay of execution. There are two types of Pennsylvania Precise to Terminate Supersedes — Rule 1008: Form 1 and Form 2. Form 1 is used when the stay of execution has been granted by the court and the applicant wants to terminate the stay. Form 2 is used if the stay of execution has been granted by an appeal bond or cash deposit and the applicant wants to terminate the stay. Both forms require the applicant to provide information such as the court in which the judgement, order, or proceeding is pending, the type of judgement or order, a description of the proceedings, and the case number.
Pennsylvania Praecipe to Terminate Supersedeas - Rule 1008
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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.
The order for possession deals only with delivery of possession of real property and not with a levy for money damages. A landlord who seeks execution of the money judgment part of the judgment must proceed under Rule 521A, using the forms and procedure there prescribed.
To request a warrant hearing you must go to the clerk's office in the Special Civil Part at the courthouse where your eviction hearing took place. At the warrant hearing, you can ask the Court for a Hardship Stay of Eviction. A hardship stay, if granted, delays your eviction temporarily.
§ 702(c) (supersedeas) provides that, except as otherwise prescribed by general rule, a petition for permission to appeal under that section shall not stay the proceedings before the trial court or other government unit, unless the trial court or other government unit or the appellate court or a judge thereof shall so
The Magisterial District Judge can either grant possession of the property to the landlord (Grant possession is ?Yes?) or, if the only reason for the eviction is nonpayment of rent, possession if the tenant does not pay the money judgment before the date set for the eviction (Grant possession if money judgment is not
Order for Possession If you disagree with the decision and want to stay in the home, you will need to file an Appeal to the Court of Common Pleas within 10 days of the judgment date and post a bond. See Appeal Process.
(1) Unless otherwise ordered, any opposition must be served and filed within 15 days after the petition is filed.
1) You must fill out the APPEAL FORMS and deliver them to the Prothonotary's office, within 10 days of the date of the judgment, along with the Notice of Judgment. 2) You may be able to avoid paying a filing fee by filing a REQUEST TO WAIVE THE FILING FEE, which is called an ?in forma pauperis? petition.
Supersedeas (also termed ?writ of supersedeas?) is Latin for ?you shall desist,? and it refers to a stay of the enforcement of a judgment pending appeal; a writ or bond that suspends a judgment creditor's power to levy execution.