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Court Rule

N3121 Stay of Execution. Security and Indemnity...


(a) Requirement of Petition. No stay of execution shall be granted except on petition setting forth the grounds therefor and first giving to the opposite party or his attorney a copy of said petition, together with at least twenty four (24) hours' written notice setting forth the time and place where the intended application is to be made.
(b) Misdescription of Property. Every 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) Security. The allowance of every stay of execution, except upon suggestion of freehold, shall be conditioned upon the petitioner filing with the Prothonotary within five (5) days or such other time as the Court shall direct, a bond with approved security to cover all costs and damages caused the other party by the stay and for compliance with the writ. No stay of execution shall be granted where perishable property is under levy unless the petitioner first gives approved security for the full value of said property.
(d) Advertising Costs. 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 approved security.
(e) Use and Occupancy. Any stay of execution involving real estate of which the petitioner is a lessee shall also provide for payment of use and occupation pending the stay.
(f) Suggestion of freehold for stay of execution shall be effectual for said purpose only if same is in writing, contains a description of the real estate with a reference to the source of record title, if any, and has attached thereto an affidavit of the execution defendant that he is seized thereof in fee simple, that the real estate is within the county, that it is worth at least the amount of the judgment, and that it is clear of all encumbrances and that it is other than the real property which is the subject of the execution proceeding.
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Created at 1/29/2016 9:13 AM by Vitek Gajewski
Last modified at 1/29/2016 9:13 AM by Vitek Gajewski
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