Alle. Cnty. Pa. 3121

As amended through April 9, 2024

Rule 3121 - Stay of Execution. Setting Aside Execution

(1)Notice. Notice shall be given to the party executing the judgment when application will be made for a stay of execution.

(2)Delivery of Copy of Order Staying Execution to Sheriff. Orders staying execution, certified to be true and correct by the Department of Court Records, an attorney or a party litigant, shall be provided to the Sheriff.

Alle. Cnty. Pa. 3121

Adopted October 4, 2006, effective 12/4/2006. Amended December 27, 2019, effective 2/19/2020; amended effective 9/13/2022; amended effective 11/13/2023; amended effective 4/9/2024.

Except with respect to mortgaged property where no commission is due unless the property is actually sold by the sheriff as provided in 68 Pa.C.S.A. § 2310, when a writ of execution is stayed after the Sheriff has served or has attempted to serve the writ, the sheriff's commission referred to as poundage will be calculated based on the face amount of the writ unless the plaintiff files an affidavit within three business days the actual amount paid or to be paid to the plaintiff in cash or in kind as consideration for staying the writ or satisfying the judgment. If an affidavit is filed, the Sheriff's poundage will be calculated based on the consideration set forth in the affidavit.