246 Pa. Code § 516 - Issuance and Reissuance of Order for Possession
A. Upon the timely filing of the request
form, the magisterial district judge shall issue the order for possession and
shall deliver it for service and execution to the sheriff of, or any certified
constable in, the county in which the office of the magisterial district judge
is situated. If this service is not available to the magisterial district
judge, service may be made by any certified constable of the Commonwealth. The
order shall direct the officer executing it to deliver actual possession of the
real property to the landlord. The magisterial district judge shall attach a
copy of the request form to the order for possession.
B.
(1)
Except as otherwise provided in subdivision C, upon written request of the
landlord the magisterial district judge shall reissue an order for possession
for one additional 60-day period.
(2) If an order for possession is issued and
subsequently superseded by an appeal, writ of certiorari,
supersedeas, or a stay pursuant to a bankruptcy proceeding or other
federal or state law or Rule
514.1C, and
(a) the appeal, writ of
certiorari, or supersedeas is stricken,
dismissed, or otherwise terminated; or
(b) the bankruptcy or other stay is lifted;
and
(c) the landlord wishes to
proceed with the order for possession, the landlord must file with the
magisterial district judge a written request for reissuance of the order for
possession in accordance with subdivision B(1).
C. In a case arising out of a residential
lease, a request for reissuance of an order for possession may be filed only
within 120 days of the date of the entry of the judgment or, in a case in which
the order for possession is issued and subsequently superseded by an appeal,
writ of certiorari, supersedeas, or a stay pursuant to a
bankruptcy proceeding or other federal or state law or Rule
514.1C, only within 120 days of
the date the appeal, writ of certiorari, or
supersedeas is stricken, dismissed, or otherwise terminated or
the bankruptcy or other stay is lifted.
D. A written request for reissuance of the
order for possession, filed after an appeal, writ of
certiorari, or supersedeas is stricken,
dismissed, or otherwise terminated, or a bankruptcy or other stay is lifted,
must be accompanied by a copy of the court order or other documentation
striking, dismissing, or terminating the appeal, writ of
certiorari, or supersedeas, or lifting the
bankruptcy or other stay.
Notes
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