Leh. Cnty. Pa. 3121

As amended through July 1, 2023
Rule 3121 - Stay of Execution
(a) No stay of execution shall be granted under Pa.R.C.P. 3121(b) except on petition (without a rule) setting forth the grounds therefor, with notice, including a copy of the said petition, at least twenty-four (24) hours prior to the presentation thereof, said notice to set forth the time and place where the intended application is to be made; provided, however, that where manual seizure of personal property by the sheriff is imminent, the court may entertain a petition to stay execution in such manner and with such notice as it, in its discretion, may require.
(b) A petition for a stay of execution based upon misdescription of property shall contain a corrected description of the property which thereafter shall be conclusive upon the petitioner.
(c) If the petition for stay of execution is not prosecuted with diligence, the petition may be dismissed on motion of an opposing party.
(d) The allowance of a stay of execution involving perishable property under levy shall be conditioned upon the petitioner filing approved security for the full value of the property.
(e) Allowance of every stay of execution against real estate may also be conditioned upon the petitioner paying the advertising costs incurred in addition to the filing of a bond. If the petitioner is a lessee, the stay shall be conditioned upon payment for use and occupancy pending the stay.

Leh. Cnty. Pa. 3121

Amended effective 1/1/2020; amended effective 7/1/2023.