Praecipe for Writ of Possession upon Confessed Judgment
(Ejectment) (PA)

Summary

This praecipe for writ of possession upon confessed judgment may be filed by the attorney for a plaintiff/landlord of commercial real property in Pennsylvania to enforce a judgment of possession entered against the tenant by confession of judgment. This template contains practical guidance and drafting notes. Most commercial leases in Pennsylvania contain a confession of judgment clause providing that, upon the tenant's default under the lease, the attorney for the landlord may enter judgment for possession of the premises by complaint and confession of judgment against the tenant without notice. Under Pa. R.C.P. 2971(a), (b), an action for possession pursuant to a confession of judgment is commenced by filing a complaint and a form of confession of judgment with the prothonotary in the county where the property is located. See Complaint in Confession of Judgment (PA) and Confession of Judgment (Attorney) (PA). The attorney for the plaintiff/landlord then commences execution of the judgment by filing a praecipe for writ of possession to request that the protonotary issue a writ of possession directing the county sheriff to deliver possession of the property to the plaintiff. For a template, see Writ of Possession (Ejection) (PA). This template complies with Pa. R.C.P. No. 2974.1, which sets forth the required form for a praecipe for writ of possession upon confessed judgment. This template should only be used to enforce a judgment for possession, not for money damages. For guidance on commercial ejectment actions in Pennsylvania, see Commercial Landlord-Tenant Litigation (PA).