reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3105 - Writ; notation of time of receipt

Current through Register Vol. 54, No. 28, July 13, 2024
The sheriff shall note on the writ the date and time when
					 it is received.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3106 - Substitution, reissuance and expiration of writ

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon praecipe stating that a writ has
				  been lost or destroyed a substituted writ may be issued.
(b) A writ may be reissued at any time, and
				  any number of times, by endorsement thereon by the prothonotary of the word
				  "reissued".
(c) A reissued writ may
				  name a garnishee not originally named.
(d) A writ shall not be served nor shall a
				  levy or attachment be made thereunder after the expiration of ninety days from
				  the date of issuance or reissuance. After levy or attachment has been made
				  under the writ within the ninety day period it shall remain valid without
				  further reissuance for the purpose of completing the pending execution
				  proceedings under the levy or attachment.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3107 - Order of levy and attachment

Current through Register Vol. 54, No. 28, July 13, 2024
Real or personal property of the defendant may be levied
					 upon or attached in any order or simultaneously, as the plaintiff may
					 direct.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3108 - Service of Writ, Notice of Execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Service of the writ shall be made by the
				  sheriff in the case of
(1) tangible personal
				  property, by levy thereon or, if the property is in possession of a third
				  person who prevents a levy or fails to make the property of the defendant
				  available to the sheriff for levy, by serving the third person as
				  garnishee;
(2) a lien upon real
				  property created under a mortgage, judgment or otherwise, by serving as
				  garnishee the mortgagor, judgment or lien debtor, and the real owner of the
				  real property upon which the mortgage, judgment or other lien is secured, as
				  provided in Rule 3113;
(3) The
				  interest of the defendant in a partnership, by serving the partnership as
				  garnishee;
(4) other intangible
				  personal property and rents, by serving a garnishee;
(5) real property of the defendant, title to
				  which is recorded in the name of a third party, by levy and attachment as
				  provided by Rule 3112;
(6) all
				  other real property in the county, by noting upon the writ a brief description
				  of the real property levied upon and a statement that the sheriff has levied
				  upon the defendant's interest therein.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3109 - Manual possession; retention of possession

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The sheriff may, or at the direction of
				  the plaintiff shall, take manual possession or custody of any tangible personal
				  property of the defendant upon which the sheriff has made a levy.
(b) The sheriff shall thereafter hold the
				  property until termination of the proceedings, unless
(1) otherwise authorized in writing by the
				  plaintiff;
(2) the levy is
				  abandoned, set aside or withdrawn;
(3) The property is released from the levy;
				  or
(4) The plaintiff fails to give
				  bond or security required by these rules.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3110 - Execution against contents of safe deposit box

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The sheriff shall levy upon property of
				  the defendant in a safe deposit box by serving the depository or custodian of
				  the box.
(b) Service of the writ
				  shall enjoin the depository or custodian from opening or permitting the opening
				  of the box except as directed by the court.
(c) The court, on petition of the plaintiff,
				  shall grant a rule on the defendant, the depository or custodian, and any
				  person who has the right to open the box, to show cause why the box should not
				  be opened in the presence of the sheriff, by force if necessary, and the
				  property of the defendant found therein delivered to the sheriff. If the
				  defendant, the depository or custodian, or a person who has the right to open
				  the box cannot be served personally with the petition and rule, that person
				  shall be served by sending a copy of the petition and rule by registered mail
				  directed to his or her last known address or, if no address is known and an
				  affidavit to that effect is filed, by publication in such manner as the court
				  by local rule or special order shall direct.
(d) The court shall not order the opening of
				  a box by force unless the plaintiff furnishes bond or security deemed
				  sufficient by the court to indemnify the depository or custodian against loss
				  caused by the opening of the box.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3111 - Service of the writ on garnishee. effect

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The writ shall be served by the sheriff
				  upon the garnishee in the manner prescribed by Rule 402(a) except as otherwise
				  provided by Rules 3112 and 3113. The sheriff shall furnish the garnishee with
				  an additional copy of the writ for each defendant. If the garnishee served was
				  not named in the writ he shall be added as a garnishee and return made
				  accordingly.
(b) Service of the
				  writ upon the garnishee shall attach all property of the defendant which may be
				  attached under these rules which is in the possession of the garnishee. It
				  shall also attach all property of the defendant which may be attached under
				  these rules and which comes into the garnishee's possession thereafter until
				  judgment against the garnishee even though no such property of the defendant
				  was in the garnishee's possession at the time of service.
See Rule
					 3111.1 providing that service of
					 the writ does not attach the first $10,000 of each account of the defendant in
					 which any funds are deposited electronically on a recurring basis and are
					 identified as funds that upon deposit are exempt from attachment, or each
					 account of the defendant in which funds on deposit exceed $10,000 at any time,
					 if all funds are deposited electronically on a recurring basis and are
					 identified as being funds that upon deposit are exempt from
					 attachment.
(c)
(1) If a garnishment has not been acted upon
				  within one year of the filing of the garnishment, the garnishee or the
				  defendant may file a petition to terminate the garnishment. The petition shall
				  include a notice that the plaintiff has twenty days to respond to the filing of
				  the petition and that upon failure to do so, the garnishment may be
				  terminated.
(2) Any response to the
				  petition shall be filed within twenty days of the filing of the petition and
				  set forth the reasons not to terminate the garnishment.
(3) If no response to the petition is filed,
				  upon praecipe, the writ of garnishment shall be terminated.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3111.1 - Exemptions from levy and attachment

Current through Register Vol. 54, No. 28, July 13, 2024
In the absence of a court order, service of the writ upon a
					 bank or other financial institution as garnishee shall not attach
(1) the first $10,000 of each account of the
				  defendant containing any funds which are deposited electronically on a
				  recurring basis and are identified as being funds that upon deposit are exempt
				  from execution, levy or attachment under Pennsylvania or Federal law,
(2) each account in which funds on deposit
				  exceed $10,000 at any time if all funds are deposited electronically on a
				  recurring basis and are identified as being funds that upon deposit are ecempt
				  from execution, levy or attachment under Pennsylvania or Federal law,
				  and
(3) the funds on deposit, not
				  including any otherwise exempt funds, that do not exceed the amount of the
				  general monetary exemption under
				  42 Pa.C.S. §
											8123.
				  The plaintiff shall have the right to file an objection if the plaintiff
				  believes that the defendant has exhausted the statutory exemption.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3112 - Service of the writ upon garnishee; real property of defendant in name of third party

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The sheriff
				  shall execute the writ against real property of the defendant, title to which
				  is recorded in the name of a third party, by serving the third party as
				  garnishee and noting upon the writ a description of the real property and a
				  statement that the sheriff has levied upon defendant's interest
				  therein.
(b) The plaintiff shall
				  have the right of service upon the garnishee
(1) in any other county by having the sheriff
				  of the county in which the writ is issued deputize the sheriff of the other
				  county where service may be had, or
(2) outside the state by having any competent
				  adult serve the garnishee personally and file an affidavit thereof in the
				  action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3113 - Service upon garnishee; execution against mortgages, judgments or other liens on real property

Current through Register Vol. 54, No. 28, July 13, 2024
In execution against a lien upon real property created
					 under a mortgage, judgment or otherwise, if the garnishee cannot be served as
					 provided in Rule 3111(a), service shall be made in the manner provided by Rule
					 3112.
The real owner of the property which is subject to the
					 mortgage, judgment or other lien is considered a garnishee. See rule
					 3101(b)(5).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3114 - Sequestration of rents, principal, interest, income, etc

Current through Register Vol. 54, No. 28, July 13, 2024
Upon execution against any interest in real property, or a
					 mortgage or lien thereon the court on petition of the plaintiff, may order the
					 sheriff, or a sequestrator appointed by the court, to collect any rent,
					 interest, principal or other sum becoming due to the defendant, to exercise any
					 powers possessed by the defendant as landlord, mortgagee, life tenant, judgment
					 creditor, lien holder, vendor or otherwise, and to account to the court. The
					 court may require a sequestrator's bond in such amount and upon such terms as
					 it deems proper.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3115 - Writs of several plaintiffs; notation of levy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A levy upon tangible personal property
				  under any valid writ shall be a levy upon said property under every valid writ
				  of any plaintiff against the same defendant then in the hands of the sheriff.
				  The levy shall be noted on each writ.
(b) When tangible personal property has been
				  levied upon and the property remains subject to the levy or the proceeds of the
				  sheriff's sale thereof remain in the hands of the sheriff, a levy upon the
				  property or proceeds under a later writ against the same defendant may be made
				  by notation of levy upon the later writ. The sheriff shall also make an actual
				  levy if the plaintiff so directs.
(c) The stay of a writ, abandonment of a writ
				  or a levy thereunder, release of property from levy or setting aside of a writ
				  or levy, shall not affect any levy made or proceeding taken under any other
				  writ prior to such action, unless the court otherwise directs.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3116 - Security for sheriff

Current through Register Vol. 54, No. 28, July 13, 2024
No bond or security shall be required by the sheriff except
					 as provided by these rules.
See Rule 3109(d) authorizing bond or security for the cost
					 of retaining or preserving property levied upon and Rule 3110(d) authorizing
					 bond to indemnify depository upon the forcible opening of a safe deposit
					 box.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3117 - Discovery in aid of execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Plaintiff at any time after judgment, before or after the issuance of a writ of
				  execution, may, for the purpose of discovery of assets of the defendant, take
				  the testimony of any person, including a defendant or a garnishee, upon oral
				  examination or written interrogatories as provided by the rules relating to
				  Depositions and Discovery. The prothonotary of the county in which judgment has
				  been entered or of the county within this Commonwealth where the deposition is
				  to be taken, shall issue a subpoena to testify.
(b) All reasonable expenses in connection
				  with the discovery may be taxed against the defendant as costs if it is
				  ascertained by the discovery proceedings that the defendant has property liable
				  to execution.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3118 - Supplementary relief in aid of execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) On petition of the plaintiff, after
				  notice and hearing, the court in which a judgment has been entered may, before
				  or after the issuance of a writ of execution, enter an order against any party
				  or person
(1) enjoining the negotiation,
				  transfer, assignment or other disposition of any security, document of title,
				  pawn ticket, instrument, mortgage, or document representing any property
				  interest of the defendant subject to execution;
(2) enjoining the transfer, removal,
				  conveyance, assignment or other disposition of property of the defendant
				  subject to execution;
(3) directing
				  the defendant or any other party or person to take such action as the court may
				  direct to preserve collateral security for property of the defendant levied
				  upon or attached, or any security interest levied upon or attached;
(4) directing the disclosure to the sheriff
				  of the whereabouts of property of the defendant;
(5) directing that property of the defendant
				  which has been removed from the county or concealed for the purpose of avoiding
				  execution shall be delivered to the sheriff or made available for execution;
				  and
(6) granting such other relief
				  as may be deemed necessary and appropriate.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3119 - Release of property from levy

Current through Register Vol. 54, No. 28, July 13, 2024
Upon cause shown, on petition of any person or party in
					 interest, the court may
(1) release
				  specific property from a levy upon the filing of a bond or security approved by
				  the court in an amount based upon the value of the property, or the amount of
				  the judgment, interest, and probable costs, whichever is less, or
(2) release part of the property, if the
				  value of the property levied upon is excessive compared to the amount of the
				  judgment, interest, and probable costs.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3120 - Abandonment of levy

Current through Register Vol. 54, No. 28, July 13, 2024
The sheriff may abandon the levy if
(1) The plaintiff fails to make payment
				  promptly upon demand of the sheriff's proper fees and costs, or
(2) sale of the property levied upon is not
				  held within six (6) months after levy, unless the procedings are stayed or the
				  time for sale is extended by the court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3121 - Stay of execution; setting aside execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Execution shall be stayed as to all or
				  any part of the property of the defendant.
(1)
				  upon written direction of the plaintiff to the sheriff:
(2) upon the entry of bond with the
				  prothonotary, by any person or party in interest, with security approved by the
				  prothonotary, in the amount of plaintiff's judgment, including probable
				  interest and costs, or in such lesser amount as the court may direct, naming
				  the Commonwealth of Pennsylvania as obligee, and conditioned to pay the amount
				  due within ninety (90) days of the entry of bond, unless the time for payment
				  be further extended by the court;
(3) pending disposition of a property claim
				  filed by a third party;
(4) upon a
				  showing of exemption or immunity of property from execution;
(5) upon a showing of a right to a stay under
				  the provisions of an Act of Congress or any Act of Assembly.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3122 - Venue of stay and other proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
When the writ is issued to another county, proceedings for
					 stay shall, at the option of the defendant, be taken in the county from which
					 the writ issued or to which it is directed. Interpleader proceedings and all
					 other procedings relating to the levy shall be carried on only in the county
					 where the levy is made.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3123 - Debtor's exemption

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  defendant entitled to a statutory exemption may claim it in kind or in cash at
				  any time before the date of sale by notifying the sheriff of his or her claim
				  and, if the exemption is claimed in kind, by designating the property which he
				  or she elects to retain as exempt. Failure of the defendant to claim the
				  statutory exemption shall not constitute a waiver thereof.
(b) Upon receipt of a claim for exemption in
				  kind the sheriff shall set aside, from the designated property, enough thereof
				  as appraised by the sheriff, to equal the value of the exemption, unless the
				  property is incapable of division. In the event of failure of the defendant to
				  claim the statutory exemption, the sheriff shall similarly choose, appraise,
				  and set aside property in kind. Real property claimed shall be described by
				  metes and bounds and the description shall be included in the sheriff's
				  return.
(c) If the property held by
				  the sheriff in kind cannot be set aside because it is not capable of
				  appropriate division, the sheriff shall set aside from the proceeds of the sale
				  and pay to the defendant in cash the amount of the statutory
				  exemption.
(d) Any party in
				  interest may, within forty-eight hours, appeal to the court from the sheriff's
				  appraisal or designation of property. The sheriff shall proceed with the sale
				  as to the remainder of the property levied upon unless the sale shall be
				  postponed by order of the court or written direction of the
				  plaintiff.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3123.1 - Claim for exemption or immunity of property; prompt hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A defendant may
				  claim exemption or immunity of property from levy or attachment by filing with
				  the sheriff a claim substantially in the form provided by Rule 3252(a). The
				  defendant may include in the claim a demand for a prompt hearing. The sheriff
				  shall immediately notify the plaintiff and garnishee of the filing of the
				  claim.
(b) The sheriff shall
				  immediately present the matter to the court. The court shall hear the claim
				  within five business days thereafter upon such notice to the parties as the
				  court shall direct and shall promptly dispose of the matter on the testimony,
				  admissions or other evidence.
(c)
				  Judgment may not be entered against the garnishee pursuant to Rule 3146(b)
				  until the expiration of twenty days from the date of service of the writ of
				  execution upon the garnishee. If a claim for exemption is pending, judgment
				  pursuant to Rule 3146(b) may be entered only by agreement of the parties or by
				  leave of court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3124 - Order of sale

Current through Register Vol. 54, No. 28, July 13, 2024
Real or personal property sufficient in amount to satisfy
					 the judgment, interest and probable costs, may be sold in any order or
					 simultaneously as the plaintiff may direct.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3125 - Perishable property; sale, preservation, or other disposition

Current through Register Vol. 54, No. 28, July 13, 2024
When perishable property is levied upon or attached, the
					 court may make such order relating to its preservation, sale or disposition as
					 it shall deem proper.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3126 - Sale of inventory in course of trade

Current through Register Vol. 54, No. 28, July 13, 2024
Merchandise, inventory, or stock in trade of a defendant
					 engaged in trade or business may, after levy, be sold by the defendant for cash
					 in the ordinary course of trade or business if the plaintiff shall consent by
					 writing directed to the sheriff. If the sheriff holds writs of more than one
					 plaintiff against the defendant, all the plaintiffs must consent in writing to
					 the sale. The sale shall be under the supervision of the sheriff. The proceeds
					 of sale shall be immediately collected by or delivered to the sheriff until all
					 writs held by the sheriff against the defendant are satisfied. Any plaintiff
					 may withdraw his or her consent at any time.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3127 - Right of sheriff to break and enter

Current through Register Vol. 54, No. 28, July 13, 2024
The sheriff, after having levied upon or attached any
					 personal property, may enter the place or building in which the goods are
					 contained either peaceably or by breaking in by force, for the purpose of
					 taking manual possession of or selling the property levied upon or attached. No
					 bond shall be required of the plaintiff by the sheriff.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3128 - Notice of sale; personal property

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Notice of sale of personal property shall
				  be given by the sheriff at least six (6) days prior to sale by handbills posted
				  at the sheriff's office, the place of sale and the place of levy, if different
				  from the place of sale.
(b) The
				  notice of sale shall include a notice that all claims to the property must be
				  filed with the sheriff before sale and all claims to the proceeds before
				  distribution; that a sheriff's schedule of distribution will be filed in the
				  sheriff's office on a date specified by the sheriff, not later than five days
				  after sale; and that distribution will be made in accordance with the schedule
				  unless exceptions are filed within ten days thereafter. No further notice of
				  the filing of the schedule of distribution need be given.
(c) If the sale is stayed, or continued or
				  adjourned generally, new notice shall be given as provided by Subdivisions (a)
				  and (b). If the sale is continued or adjourned at the direction of the
				  plaintiff to a date certain within thirty (30) days, and public announcement of
				  the adjournment and new date is made to the bidders assembled at the time and
				  place originally fixed for the sale, no new notice shall be required, but there
				  may be only one such continuance or adjournment to a date certain without new
				  notice.
(d) The court may by local
				  rule or special order require additional notice to the defendant.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3129.1 - Sale of Real Property. Notice. Affidavit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No sale of real property upon a writ of
				  execution shall be held until the plaintiff has filed with the sheriff the
				  affidavit required by subdivision (b) and the notice required by Rule 3129.2
				  has been served.
(b) The affidavit
				  shall set forth to the best of the affiant's knowledge or information and
				  belief as of the date the praecipe for the writ of execution was filed the name
				  and address or whereabouts of
(1) the owner or
				  reputed owner of the real property and of the defendant in the judgment;
				  and
(2) every other person who has
				  any record lien on that property; and
(3) every other person who has any record
				  interest in that property which may be affected by the sale; and
(4) every other person who has any interest
				  in that property not of record which may be affected by the sale and of which
				  the plaintiff has knowledge. If the name and address or whereabouts of the
				  persons in subparagraphs (1) through (4) cannot be reasonably ascertained, the
				  affidavit shall so state.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3129.2 - Notice of sale; handbills; written notice; publication

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Notice of the sale of real property shall
				  be given by handbills as provided by subdivision (b), by written notice as
				  provided by subdivision (c) to all persons whose names and addresses are set
				  forth in the affidavit required by Rule
				  3129.1, and by publication as
				  provided by subdivision (d).
(b)
				  The handbills shall be posted by the sheriff in the sheriff's office and upon
				  the property at least thirty days before the sale, and shall include
(1) a brief description of the property to be
				  sold, its location, any improvements, the judgment of the court on which the
				  sale is being held, the name of the owner or reputed owner, and the time and
				  place of sale, and
(2) a notice
				  directed to all parties in interest and claimants that a schedule of
				  distribution will be filed by the sheriff on a date specified by the sheriff
				  not later than thirty days after the sale and that distribution will be made in
				  accordance with the schedule unless exceptions are filed thereto within ten
				  days after the filing of the schedule.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3129.3 - Postponement of Sale. New Notice. Failure of Plaintiff to Attend Sale

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
				  provided by subdivision (b) or special order of court, new notice shall be
				  given as provided by Rule
				  3129.2 if a sale of real property
				  is stayed, continued, postponed or adjourned.
(b)
(1) If
				  the sale is stayed, continued, postponed or adjourned to a date certain within
				  one hundred thirty days of the scheduled sale, notice of which sale was given
				  as provided by Rule
				  3129.2, and public announcement
				  thereof, including the new date, is made to the bidders assembled at the time
				  and place fixed for the sale, no new notice as provided by Rule
				  3129.2 shall be required, but
				  there may be only two such stays, continuances, postponements or adjournments
				  within the one hundred thirty day period without new notice.
(2)
(i)
				  When the sale is stayed, continued, postponed or adjourned as provided by
				  subdivision (b)(1), the plaintiff shall file
(A) a notice of the date of continued
				  sheriff's sale with the prothonotary at least fifteen days before the continued
				  sale date, and
(B) a certificate of
				  filing with the sheriff confirming the filing of the notice of the date of
				  continued sheriff's sale with the prothonotary.
The sheriff shall continue the sale to the next available
					 sale date if the notice of the date of continued sheriff's sale has not been
					 timely filed. This continuance imposes a new obligation on the plaintiff to
					 meet the requirements described in (b)(2)(i)(A) and (B).
(ii) Non-compliance with this
				  subdivision is not a basis for setting aside the sheriff's sale unless raised
				  prior to the delivery of the sheriff's deed. The sale shall be set aside only
				  upon a showing of prejudice.
(3)
(i) The
				  notice required by subdivision (b)(2) shall be substantially in the following
				  form:
(Caption)
Notice of the Date of Continued Sheriff's
					 Sale
The Sheriff's Sale scheduled for _________ , _ at __ : __
					 __ M. in the above-captioned matter has been continued until _________ , _ at :
					 __ __ M.
Date: _________
By: _________
(Attorney for Plaintiff)
_________
(Address)
_________
(Phone)
(ii) The certificate of filing required by
				  subdivision (b)(2) shall be in substantially the following form:
(Caption)
Certificate of Filing
On this date, I filed with the Prothonotary. _______ County
					 a copy of the Notice of the Date of Continued Sheriff's Sale in the
					 above-captioned matter.
Date: _________
By: _________
(Attorney for Plaintiff)
_________
(Address)
_________
(Phone)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3130 - Sale of securities

Current through Register Vol. 54, No. 28, July 13, 2024
A security listed on any recognized stock exchange or
					 negotiable document of title regularly traded on any recognized commodity
					 exchange may be sold by the sheriff at regular sheriff's sale or on said stock
					 or commodity exchange through any broker authorized to deal therein. Securities
					 and negotiable documents of title not listed on any recognized stock or
					 commodity exchange but regularly traded over-the-counter by brokers authorized
					 to deal therein, may be sold by the sheriff at regular sheriff's sale or, after
					 notice to the defendant as the court by local rule or special order may
					 prescribe, through any broker authorized to deal therein, upon such terms and
					 conditions as the court may direct.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3131 - Sale of real property located in more than one county

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Where real
				  property to be sold in execution consists of an interest in a single tract of
				  land which lies in more than one county, the writ shall be directed to the
				  sheriff of one of those counties and the plaintiff shall file a petition with
				  the court of that county for leave to sell the same at execution.
(b) The petition shall set forth
(1) a description of the real
				  property;
(2) whether the property
				  is severable and whether the portion within either county can be sold
				  separately without prejudice to the remainder; and
(3) The estimated value of the property
				  within each county and if the value in any county is insufficient to satisfy
				  the judgment, a statement of how much of the property in adjoining counties is
				  required to be included in the order of sale.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3132 - Setting aside sale

Current through Register Vol. 54, No. 28, July 13, 2024
Upon petition of any party in interest before delivery of
					 the personal property or of the sheriff's deed to real property, the court may,
					 upon proper cause shown, set aside the sale and order a resale or enter any
					 other order which may be just and proper under the circumstances.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3133 - Lien creditor as purchaser

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever real or personal property sold on execution is
					 purchased by the plaintiff or any other lien creditor entitled to receive all
					 or part of the proceeds of the sale, the sheriff upon proof of that fact shall
					 accept on account of the purchase price the receipt of the purchaser up to the
					 amount of the proceeds to which the purchaser is entitled. The sheriff may
					 require payment in cash of all legal costs distributable from the proceeds of
					 the sale.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3134 - Transfer of personal property to purchaser

Current through Register Vol. 54, No. 28, July 13, 2024
When selling personal property in execution the sheriff
					 shall, upon request of the purchaser, execute and deliver to the purchaser a
					 sheriff's bill of sale setting forth the caption of the case and a description
					 of the property. When selling securities or documents of title, the sheriff
					 shall, upon request, endorse said document in the name of the defendant as
					 follows:
"Defendant ____________ (Name of Defendant) by____________
					 , Sheriff of____________ County, pursuant to execution upon a judgment against
					 the above named in the Court of ____________ County, at Case Number ___
					 ."
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3135 - Sheriff's deed to real property. Correction of deed

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When real property is sold in execution
				  and no petition to set aside the sale has been filed, the sheriff, at the
				  expiration of twenty days but no later than 40 days after either the filing of
				  the schedule of distribution or the execution sale if no schedule of
				  distribution need be filed, shall execute and acknowledge before the
				  prothonotary a deed to the property sold. The sheriff shall forthwith deliver
				  the deed to the appropriate officers for recording and for registry if
				  required. Confirmation of the sale by the court shall not be
				  required.
(b) If the sheriff has
				  made a defective return of the execution proceeding or has executed a defective
				  deed, including the erroneous description of the real estate, the court upon
				  petition of the purchaser or the purchaser's successors in title may correct
				  the return or deed or order that a new return or deed be executed.
(c) If the plaintiff has failed to give
				  notice to a lienholder, junior in lien priority to the mortgage being
				  foreclosed upon or the judgment being executed, the plaintiff, or its assigns,
				  or the purchaser at the sheriff's sale may file a petition with rule to show
				  cause requesting that:
(1) the lien held by
				  the junior lienholder be divested, or
(2) if the plaintiff, or its assigns, is the
				  purchaser at the sheriff's sale, another sheriff's sale be held in which only
				  the junior lienholder specified in the petition may be the only bidder allowed
				  other than the senior lienholder who acquired the property at the sheriff's
				  sale, or
(3) such relief as may be
				  approved by order of court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3136 - Distribution of proceeds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Not
				  later than thirty days after the sale of real property and not later than five
				  days after the sale of personal property, the sheriff shall prepare a schedule
				  of proposed distribution of the proceeds of sale which shall be filed in the
				  prothonotary's office. No schedule of distribution or list of liens need be
				  filed when the property is sold to the plaintiff for costs only.
(b) When a receipt of the plaintiff or other
				  lien creditor has been accepted on account of the purchase price the schedule
				  shall set forth the name and address of the plaintiff or lien creditor, the
				  amount of the judgment or lien, identifying it, and the amount of credit
				  claimed and allowed upon the purchase price.
(c) In sales of real property the sheriff
				  shall attach to the schedule a list of liens upon the property sold as
				  certified from the record by the proper officers or a guaranteed search from
				  any title company authorized to do business within the county. The cost of
				  certifying the list of liens or the title search, the acknowledgment, recording
				  and registry of the deed and transfer or documentary stamps shall be charged as
				  an expense of distribution.
(d) The
				  sheriff shall distribute the proceeds of sale in accordance with the proposed
				  schedule of distribution, unless written exceptions are filed with the sheriff
				  not later than ten (10) days after the filing of the proposed
				  schedule.
(e) Upon the filing of
				  exceptions, the sheriff shall transmit them to the prothonotary together with a
				  copy of the proposed schedule of distribution.
(f) The court shall determine the exceptions,
				  and for this purpose may receive evidence by deposition or otherwise, or may
				  appoint an auditor to hear the evidence and report to the court.
(g) The proceeds of sale need not be paid
				  into court by the sheriff but upon petition of the sheriff or any party in
				  interest, the court may order the proceeds to be paid into court to await
				  distribution or may order the sheriff to invest the fund for distribution
				  pending final disposition of the exceptions or an appeal therefrom.
(h) If the sheriff receives any money for
				  costs or in connection with a stay, adjournment or postponement of sale or
				  otherwise, the sheriff shall account for it on returning the writ.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3137 - Priority of distribution as between competing plaintiffs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When levies are made against the same
				  personal property under two or more writs of separate plaintiffs, priority of
				  distribution between them of the proceeds of a sheriff's sale thereof shall be
				  determined by the time of delivery of their respective writs to the sheriff for
				  execution.
(b) When property is
				  attached by service upon the garnishee of two or more writs of separate
				  plaintiffs priority of distribution between them shall be determined by the
				  date of service of their respective writs upon the garnishee as to all property
				  then in the hands of the garnishee or coming into the garnishee's possession up
				  to time of judgment against the garnishee.
(c) When tangible personal property is both
				  levied upon and attached under two or more writs of separate plaintiffs,
				  priority of distribution as between the levying and attaching plaintiffs shall
				  be determined by the time of delivery of the writ to the sheriff in the case of
				  levy, and from the date of service of the writ upon the garnishee in the case
				  of attachment.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3138 - Sheriff's expenses and fees; recovery as costs; abandonment of writ for non-payment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  plaintiff shall pay to the sheriff all costs, charges, and expenses incident to
				  the execution, the maintenance of the lien of the execution and the
				  pres-ervation of the property. These items shall be deemed taxable costs for
				  refund to the plaintiff from the proceeds of any sale, except that the
				  plaintiff shall not be entitled to recover the costs in connection with writs
				  determined by the court to be unnecessary and oppressive.
(b) If the plaintiff fails to make payment
				  promptly upon demand of the sheriff's proper fees and costs, the sheriff shall
				  be relieved of liability for loss, removal or distribution of the property and
				  may return the writ as abandoned.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3139 - Sheriff's return

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The sheriff
				  shall make a return
(1) upon the completion or
				  abandonment of the execution proceedings or if no sale is effected for want of
				  buyers; or
(2) upon the expiration
				  of the period allowed for service or levy, if service upon a garnishee or levy
				  has not been made and the writ has not been reissued.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3140 - Notice by garnishee

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
				  being served with the writ, the garnishee shall promptly forward a copy to the
				  defendant.
(b) Upon filing his
				  answers to interrogatories the garnishee shall promptly forward a copy to the
				  defendant.
(c) A copy is forwarded
				  within the requirement of this rule when it is delivered to the defendant by an
				  adult at any place within or without the Commonwealth in the manner prescribed
				  by Rule 402(a) for service of original process or when it is mailed to the
				  defendant by registered mail directed to his last known address.
(d) Where funds in an account are not
				  attached as a result of Rule
				  3111.1, the garnishee shall not
				  assess any fee against exempt funds contained in any account held by the
				  garnishee.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3141 - Garnishee's duty to defend; venue of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in Rule
				  3111.1 a garnishee who forwards
				  copies of the writ and answers to interrogatories to the defendant shall
				  thereafter be under no duty to resist the attachment or defend the action
				  against the defendant in any manner but may do so as provided by these
				  rules.
(b) When the writ is issued
				  to another county, preliminary objections, proceedings for stay, or release of
				  property from attachment, answers to interrogatories, or other matters relating
				  to the attachment, may at the option of the garnishee be filed or taken by the
				  garnishee in the county to which the writ is directed or from which it issued.
				  If filed or taken in the county to which the writ is directed, copies thereof
				  and any order of the court thereon shall also be forwarded to the prothonotary
				  of the county in which the writ issued, and to the plaintiff and the defendant
				  or their attorneys, and shall contain or have attached an election of optional
				  venue in the garnishee county. A copy is forwarded within the meaning of this
				  rule if it is sent in the manner provided by Rule 3140(c).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY › Rule 3142 - Preliminary objections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  defenses of immunity or exemption of property from attachment or a question of
				  jurisdiction over the garnishee may be raised by preliminary objections filed
				  by the defendant or the garnishee.
(b) Preliminary objections shall state
				  specifically the grounds relied upon. All preliminary objections shall be
				  raised at one time. They may be inconsistent.
(c) A question of jurisdiction may be raised
				  only by preliminary objections which shall be filed before the garnishee enters
				  an appearance or files an answer to interrogatories. Exemption or immunity of
				  property from execution may be raised at any time.