Choice of Procedure. Notice Upon Subsequent Executions

(a) A plaintiff who has given notice pursuant to Rule 2973.2 may not proceed thereafter under Rule 2973.3. (b) The notice required by Rules 2973.2 and 2973.3 need not be given upon subsequent executions on a judgment if the notice was given prior to or upon a previous execution on that judgment and either (1) the defendant filed a petition for relief from the judgment and the court denied the relief, or (2) the defendant failed to file a petition for relief from the judgment within thirty days after service of the notice as required by Rule 2959(a)(3). Source The provisions of this Rule 2973.4 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. (b) The notice required by Rules 2973.2 and 2973.3 need not be given upon subsequent executions on a judgment if the notice was given prior to or upon a previous execution on that judgment and either (1) the defendant filed a petition for relief from the judgment and the court denied the relief, or (2) the defendant failed to file a petition for relief from the judgment within thirty days after service of the notice as required by Rule 2959(a)(3). Source The provisions of this Rule 2973.4 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. (1) the defendant filed a petition for relief from the judgment and the court denied the relief, or (2) the defendant failed to file a petition for relief from the judgment within thirty days after service of the notice as required by Rule 2959(a)(3). Source The provisions of this Rule 2973.4 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. (2) the defendant failed to file a petition for relief from the judgment within thirty days after service of the notice as required by Rule 2959(a)(3). Source The provisions of this Rule 2973.4 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814. Source The provisions of this Rule 2973.4 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1814.