Subchapter D. ENFORCEMENT OF MONEY JUDGMENTS
FOR THE PAYMENT OF MONEY



3101.    Definitions. Garnishee. Scope.
3101.1.    Property Subject to Execution. Execution Within and After Five Years.
3101.2.    Obligation Secured by Real and Personal Property. Plaintiff’s Election to Proceed against Both in Accordance with Its Rights against the Real Property.
3102.    Writ of execution.
3103.    Commencement; issuance.
3104.    Writ of Execution. Entry. Lien.
3105.    Writ; notation of time of receipt.
3106.    Substitution, reissuance and expiration of writ.
3107.    Order of levy and attachment.
3108.    Service of Writ, Notice of Execution.
3109.    Manual possession; retention of possession.
3110.    Execution against contents of safe deposit box.
3111.    Service of the writ on garnishee; effect.
3111.1.    Exemptions from levy and attachment.
3112.    Service of the writ upon garnishee; real property of defendant
in name of third party.

3113.    Service upon garnishee; execution against mortgages, judgments
or other liens on real property.

3114.    Sequestration of rents, principal, interest, income, etc.
3115.    Writs of several plaintiffs; notation of levy.
3116.    Security for sheriff.
3117.    Discovery in aid of execution.
3118.    Supplementary relief in aid of execution.
3119.    Release of property from levy.
3120.    Abandonment of levy.
3121.    Stay of execution; setting aside execution.
3122.    Venue of stay and other proceedings.
3123.    Debtor’s exemption.
3123.1.    Claim for exemption or immunity of property; prompt hearing.
3124.    Order of sale.
3125.    Perishable property; sale, preservation, or other disposition.
3126.    Sale of inventory in course of trade.
3127.    Right of sheriff to break and enter.
3128.    Notice of sale; personal property.
3129.    Notice of sale; real property.
3129.1.    Sale of Real Property. Notice. Affidavit.
3129.2.    Notice of sale; handbills; written notice; publication.
3129.3.    Postponement of Sale. New Notice. Failure of Plaintiff to Attend Sale.
3130.    Sale of securities.
3131.    Sale of real property located in more than one county.
3132.    Setting aside sale.
3133.    Lien creditor as purchaser.
3134.    Transfer of personal property to purchaser.
3135.    Sheriff’s deed to real property. Correction of Deed.
3136.    Distribution of proceeds.
3137.    Priority of distribution as between competing plaintiffs.
3138.    Sheriff’s expenses and fees; recovery as costs; abandonment
of writ for non-payment.

3139.    Sheriff’s return.
3140.    Notice by garnishee.
3141.    Garnishee’s duty to defend; venue of proceedings.
3142.    Preliminary objections.
3143.    Dissolution of attachment; release of property; bond.
3144.    Interrogatories to garnishee.
3145.    Interrogatories; procedure.
3146.    Judgment against garnishee upon default or admission in answer
to interrogatories.

3147.    Judgment against garnishee on pleadings or after trial.
3148.    Content of judgment against garnishee; execution.
3149.    Objection to security.
3159.    Acts of Assembly not suspended.

EXPLANATORY COMMENTS ON EXECUTION RULES

 To assist the bench and bar in the consideration of the rules on execution, the following comments on the principal features of the rules may be helpful.
 1.      Scope of the rules.

 (a) These rules deal only with execution upon money judgments originally entered in, or by transfer or certification to the Common Pleas Courts, the Municipal Court of Philadelphia, and the County Court of Allegheny County (Rule 3101(a)). The provisions of the Allegheny County Court Act providing that county court judgments shall not constitute liens on real property and providing for transfer to the Common Pleas Court of Allegheny County are not suspended by the rules (Note to Rule 3104(a)). The rules also apply to Orphans’ Court judgments under the conformity provisions of the Orphans’ Court Act of 1951, 20 P. S. § §  2080-754, 2080-755 (2080.754, 2080.755), which provides that execution against personal property and attachment execution shall conform to execution issued out of the common pleas courts. Execution against real estate will under the Orphans’ Court Act still require certification to the common pleas court. Judgments transferred from a justice of the peace or magistrate’s court will no longer require a certification that execution had been issued out of the justice of the peace or magistrate’s court and returned nulla bona, and the acts of assembly so providing are suspended. (Note to Rule 3103(a)).

 (b) The enforcement of judgments against the Commonwealth, political subdivisions or public authorities remains unaffected by the rules and the procedures provided by statute for either mandamus or petition for the assessment of taxes remain unsuspended. (Rule 3101).
 2.      The writ of execution.

 Sweeping changes are made in the form and scope of the writ of execution. The writs of fi. fa., testatum fi. fa., vendex, liberari facias and attachment execution are abolished. There will be only one writ of execution for real and personal property with directions for either levy or attachment or both. (Rules 3102, 3251, 3252). Civil arrest, except in actions for fines and penalties or as punishment for contempt, is suspended. (Rule 3250). Civil arrest before judgment has already been abolished. (Rule 1481). Return days will be abolished and the writ may be reissued as in assumpsit if service or levy is not made within 90 days or a new writ may be issued. (Rule 3106). A new garnishee may be named in a reissued writ. (Rule 3106(c)). Alias and pluries writs are abolished. Successive writs may be issued at the same or different times without a prior return of an outstanding writ as required by former practice. (Rule 3103(d)).
 3.      Venue and service.

 The writ may be issued in any county in which judgment is entered and may be directed to the sheriff of any county in the Commonwealth (Rule 3103(b)) with the single limitation that on transferred judgments the execution may be directed only to the sheriff of the county in which it is issued. (Rule 3103(c)). Under the prior testatum practice, levies could be directed to other counties but attachment execution could not. These rules make no distinction in this respect between levy and attachment and thus broaden the prior testatum practice. (Rule 3103). The transfer of judgments has been simplified by rules providing merely for the filing of a certified copy of the docket entries in the action and a certification of the amount of the judgment. (Rules 3001 to 3011). With this simplified procedure it may be easier to transfer a judgment and issue execution in the transferee county rather than use testatum process. However, the equivalent of the prior testatum practice is still available under the rules.
 4.      Indexing.

 The rules provide for indexing the execution against the defendant. (Rule 3104). There are special indexing provisions authorizing the indexing of the writ as a lis pendens against a garnishee where real property of the defendant is allegedly held in the name of a garnishee. (Rule 3104(c)). This is an extension not only of the indexing but of attachment procedure. A writ directed to another county may be served before indexing if the plaintiff so directs. (Rule 3104(b)).
 5.      Order of levy or attachment and sale.

 These rules eliminate the ambiquity of the Act of 1836 as to the order of levy and sale of personalty and realty. They provide that real or personal property may be levied upon or attached and sold in any order or simultaneously as the plaintiff may direct. (Rules 3107, 3124). On the other hand they give the court broad powers of stay of execution so that the interests of the defendant may be adequately protected. (Rule 3121).
 6.      Attachment.

 Sweeping changes have also been made in attachment procedure both as to the property subject to attachment (Rules 3101(b), 3108) and as to service (Rules 3111, 3112, 3113). Under the prior practice real property could not be attached and the Act of Assembly authorizing attachment of debts, deposits or personal property, pawned, pledged or demised, was strictly construed so that even the contents of a safe deposit box could not be attached but had to be levied upon by writ of fi. fa. These rules provide for execution against the contents of a safe deposit box by force, if necessary, upon petition. (Rule 3110). Execution against partnership interests is simplified by permitting service on the partnership as a garnishee. (Rule 3108(c)). However, the provisions of the Uniform Partnership Act relating to charging orders and limiting sale of the partnership interest are unsuspended. (Rule 3148 (a)(3)). The scope of attachment is also enlarged to include tangible or intangible property of the defendant in the custody, possession, or control of a garnishee. (Rule 3111(b)).

 The rules expand attachment procedure to include real estate of the defendant, legal title to which is held in the name of a garnishee. (Rules 3108(e), 3112(a)). They provide for service upon the real owner including substituted service and service by publication. (Rule 3112(b) and (c)). The plaintiff may still proceed as under prior practice to levy upon and sell the interest of the defendant in real property in the name of a garnishee (Rule 3108(f)) and thereafter test the extent of defendant’s title by ejectment proceedings; or he may proceed under the Fraudulent Conveyance Act, which is unsuspended. The rules however offer the more expeditious and simplified attachment alternative.

 The rules make radical changes in the method of attaching mortgages, judgments or other liens owned by a defendant and secured on real property. They provide a method for the attachment of the debt itself, as well as a separate method of the attachment of the security. (Rules 3101(b)(5), 3108(b), 3108(d), and 3113).

 Supplementary proceedings by way of sequestration of rents, principal, interest and income are authorized and the court may order the sheriff to make collection or appoint a sequestrator (Rule 3114) or grant supplementary equitable relief to restrain transfer, etc. (Rule 3118).

 Radical changes are also made in connection with the attachment of tangible personal property which under prior practice was restricted to goods pawned, pledged and demised. Under the rules, service of the writ against a garnishee will subject him to the mandate and injunctive order of the writ, restraining him from delivering any property, tangible or intangible, of the defendant which is subject to attachment, to any one except the sheriff or otherwise disposing thereof until further order of the court or discontinuance or termination of the attachment. (Rule 3111(c)).

 The rules do not, however, permit the unlimited attachment of tangible personal property. Such property may only be reached by a levy, except in the single situation where the property is in the possession of a third person, not the defendant, who prevents a levy or fails to make the property available to the sheriff for levy. If either of these events occurs, the sheriff may serve the third person as garnishee and the goods in the possession of the garnishee will then be attached. (Rule 3108(a)).
 7.      Priority of liens.

 The prior law as to the lien of levies or attachment remains unchanged. (Rules 3115, 3137). The lien of a levy relates back to the date of delivery of the writ to the sheriff if served during the ninety-day period of validity of the writ. (Rule 3137(a)). Where there are writs of several plaintiffs a levy under one valid writ constitutes a levy under all other writs then in the sheriff’s hands or delivered to him before sale or disposition of the proceeds. The other levies may be noted by endorsement although an actual levy may be made if the plaintiff so directs. (Rule 3115(a) and (b)). Where there are several writs in the hands of the sheriff, the withdrawal, abandonment, stay or release of one writ will not affect levy or proceedings on the others. (Rule 3115(c)). The service of a writ of execution upon a garnishee is effective as of the date of service. (Rule 3137(b)). If property which has been attached is improperly disposed of by the garnishee, the law remains as heretofore. The plaintiff has his remedies against the garnishee (Rules 3111(d), 3148(c)), but there is no lien on the property against an innocent third person who takes the property from the garnishee without notice of a violation of the injunction of the writ.
 8.      Execution against real estate.

 The rules make sweeping changes in the method of execution against real estate. As pointed out above, real property of the defendant held in the name of a garnishee may be either levied upon (Rule 3108(f)) or attached (Rule 3108(e)). The prior practice of ‘‘paper levies’’ against real estate by endorsement on the writ is continued. (Rule 3108(f)). The statutes requiring inquisition and condemnation of real estate before sale are suspended by the rules. However the court is given broad power, either on its own motion or on application of the defendant or any party in interest, to grant relief upon a showing that the rents and income will be sufficient within a reasonable period to satisfy the judgment and that the defendant is willing to have the rents so applied either by agreement or by sequestration. (Rule 3121(b)(2) and (c)). The provision for sale of real property extending across county lines is simplified by substituting petition procedure for the complication prior procedure. (Rule 3131). The right of lien creditors to apply their liens against the purchase price remains unchanged (Rule 3133) but the procedure for distribution of proceeds and delivery of the sheriff’s deed has been completely revised. (Rules 3135, 3136). It is no longer necessary to have returns of execution of real estate read in open court or advertised and the sheriff may, within ten days after filing the schedule of distribution, if no petition to set aside the sale is filed, execute, acknowledge and deliver the deed to the property sold. The notice of sale has been enlarged to require specified notice as to the filing of exceptions and no further notice is required. (Rules 3128, 3129). Confirmation of sale is no longer required. (Rules 3129, 3135).

 Furthermore, an execution, if the writ is served within its ninety-day period of validity, remains valid thereafter for purposes of completing the execution, and authorizes a sale even after the ninety-day period without further issuance of the writ. (Rule 3106(d)). The prior practice of requiring sale of real estate before the return day or within four days thereafter is suspended. (Rule 3106(d)). However the sheriff may consider a levy as abandoned, in the absence of stay or extension, if sale is not held within six months. (Rule 3120). This also applies to execution against personal property.

 The prior requirement of a second notice in the event of the postponement of an advertised sale has been modified. One adjournment may now be made without further notice or advertisement, if the adjournment is made to a date certain and is announced at the time and place of the originally advertised sale. (Rules 3128(c), 3129(d)).
 9.      Supplementary relief.

 The types of supplementary relief available to a plaintiff are simplified and expanded. The provisions for oral examination under the Act of 1913 are suspended except as to the immunity provisions. Discovery may be had either before or after the writ of execution upon oral examination or written interrogatories directed to the defendant or to any person or party as provided by the deposition and discovery rules. (Rule 3117). The plaintiff is also given the right to supplementary relief without the necessity of full dress equity proceedings. (Rule 3118). He may upon petition filed in the court in which execution was issued obtain an order enjoining the negotiation, transfer, assignment, or other disposition of any security document of title, pawn ticket, mortgage or other property of the defendant, obtain an order for any action necessary to preserve collateral securities, compel the disclosure to the sheriff of the whereabouts of property and its redelivery to the sheriff if removed from the county for the purpose of avoiding execution and obtain such other equitable relief as may be appropriate under the circumstances. (Rule 3118).
 10.      Defendant’s rights.

 The rights of the defendant are also enlarged by the rules. The defendant may upon petition obtain release of the property from levy, either upon filing of bond, or upon showing that the value of the property levied upon is excessive compared to the judgment. (Rule 3119). The defendant is given broad rights as to stay of execution which may be granted on legal or equitable grounds. (Rule 3121). The proceedings for claim of exemption are simplified and failure to claim the exemption in kind will no longer constitute a waiver of exemption but the sheriff is required to set aside either in kind or from the proceeds of sale the amount of the defendant’s exemption unless otherwise waived. (Rule 3123). Outside appraisers in exemption claims are abolished; all appraisals will be made by the sheriff. (Rule 3123(b)). Although the procedure as to inquisition and condemnation of real estate is suspended, the court is given broad equitable powers to grant the defendant relief upon showing that the net rents or income can satisfy the judgment within a reasonable time without impairing the ultimate collection of the judgment and without undue hardship to the plaintiff. (Rule 3121(b)(2) and (d)).

 Where execution is issued from one county to another, the defendant is given the alternative of filing objections and stay proceedings either in the county of issuance of the writ or in the county where execution is had. (Rule 3122). The Act of March 27, 1945, 12 P. S. § §  913, 914, authorizing the defendant in confessed judgments to move to open in the county in which judgment was originally entered or in the county of issuance remains unsuspended.
 11.      Garnishee proceedings.

 The proceedings between the plaintiff and garnishee are substantially the same as under the Foreign Attachment Rules. The execution rules are complete in themselves and no longer depend upon cross-reference to the Foreign Attachment Rules. The Attachment Execution Rules (3101 et seq.) adopted in 1954 are superseded.

 The garnishee will be under no duty to resist the attachment or defend the action after he has given notice to the defendant. (Rules 3140, 3141). The interrogatory procedure between the plaintiff and the garnishee is the same as though the interrogatories were a complaint and the answer of the garnishee an answer in assumpsit. (Rules 3145(a) and (b)). The garnishee’s rights are however enlarged to permit under ‘‘new matter’’ the setting forth of any claim which he could assert against the plaintiff if sued by him. (Rule 3145(b)(3)). The garnishee is also given a choice of venue when the writ is directed to another county. (Rule 3141). If the garnishee is found to have only a lien upon the property, the rights of all parties may be enforced by a conditional verdict or order. (Rule 3148(d)).
 12.      Miscellaneous provisions.

 The right of the sheriff to break and enter in order to sell personal property levied upon is continued but the requirement of bond is eliminated. (Rule 3127). The procedure authorizing sale of inventory in course of trade is a new procedure which may help preserve the real value of the assets for the benefit of both plaintiff and defendant. (Rule 3126). Similarly, securities dealt with upon recognized stock exchanges or commodity exchanges may be sold by the sheriff through such exchanges instead of by ordinary execution sale. (Rule 3130).
 Conclusion:

 The rules simplify and streamline execution procedure. The Committee kept in mind the possible abuse against poor debtors which might result from a simplified procedure, especially in the major metropolitan areas of the Commonwealth. Great changes have taken place in our economy since the Act of 1836 codified execution procedure. The majority of judgments entered in metropolitan areas are confessed judgments upon installment paper, usually containing waivers of exemption. The problem of waiver of exemption and the limitation of execution against the property of poor defendants generally, for default in connection with small installment purchases of consumer’s goods, and relief in the nature of deficiency judgment legislation are substantive matters requiring remedial legislation not within the purview of procedural rules. The rules themselves are drawn so as to provide substantial flexibility to protect against abuses. Local rules may require additional notice of sale (Rules 3128(d) and 3129(e)) and very broad powers are granted to the court to stay execution. (Rule 3121). Full schedules of receipt and distribution of funds by sheriffs are required. (Rule 3136).

 The rules aim to provide a simple and efficient method of execution, consistent with the protection of the rights of the defendant and garnishee. They deal only with those matters which are subject to procedural reform. They do not touch problems where legislation alone can provide relief.

Rule 3101. Definitions. Garnishee. Scope.

 (a)  As used in this chapter

 ‘‘judgment’’ means a judgment or order requiring the payment of money entered in any court which is subject to these rules, including a final or interlocutory order for payment of costs, except a judgment against the Commonwealth or a political subdivision;

   Official Note

   The enforcement of judgments in special actions of ejectment, replevin and mortgage foreclosure is governed by Rules of Civil Procedure 3160 et seq.
 Political subdivision includes a municipal or other local authority. See Definition Rule 76.

 ‘‘plaintiff’’ means the holder of a judgment;

 ‘‘political subdivision’’ means a municipal or other local authority. See Definition Rule 76.

 ‘‘defendant’’ means any party against whom a judgment has been entered;

 ‘‘security’’ means a security as defined by the Uniform Commercial Code;

 ‘‘document of title’’ means a negotiable document of title as defined in the Uniform Commercial Code.

 (b)  Any person may be a garnishee and shall be deemed to have possession of property of the defendant if the person

   (1)  owes a debt to the defendant;

   (2)  has property of the defendant in his or her custody, possession or control;

   Official Note

   For limitation on the power to attach tangible personal property see Rule 3108(a).

   (3)  holds as fiduciary property in which the defendant has an interest;

   (4)  holds the legal title to property of the defendant whether or not in fraud of creditors; or

   (5)  owns or possesses real property subject to a mortgage, judgment or other lien in which defendant has an interest.

   Official Note:

   Judgments against the Commonwealth, political subdivisions and public authorities constituting bodies corporate and politic, shall be enforced in accord with the appropriate Acts of Assembly which remain unsuspended.
 As to first class townships, see The First Class Township Code of June 24, 1931, P. L. 1206, §  1711, as amended, 53 P. S. §  56711.
 As to second class townships, see Second Class Township Code of May 1, 1933, P. L. 103, No. 69, §  3205, as amended, 53 P. S. §  68205.
 As to boroughs, see the Borough Code of February 1, 1966, P. L. (1965)


, No. 581, §  1303, as amended, 53 P. S. §  46303.
 As to school districts, see the Act of March 10, 1949, P. L. 30, §  611, as amended, 24 P. S. §  6-611.
 As to municipal authorities, state highway authorities, bridge authorities, parking authorities, public housing authorities, General State Authority, and other like public corporations, see the various applicable acts creating them, limiting the remedies of both bondholders and creditors.

   The following Acts of Assembly were repealed by the Judiciary Act Repealer Act (JARA). Pursuant to Section (3)(b) of that Act, 42 Pa.C.S. §  20003(b), these statutes remain part of the common law of the Commonwealth. For an example of the application of Section 3(b) of the Act, see Ricci v. Cuisine Management Services, 423 Pa. Super Ct. 371, 621 A.2d 163, 165 (1993).
 The County Code of August 9, 1955, P. L. 323, §  2804, 16 P. S. §  2804, as amended.
 The Act of July 28, 1953, P. L. 723, §  3204, 16 P. S. §  6204 pertaining to second class counties.

 (c)  The rules of this chapter shall not apply to the attachment of wages, salary or commissions to satisfy a money judgment arising from a residential lease pursuant to Section 8127(a)(3.1) of the Judicial Code.

   Official Note

   For the attachment of wages under Section 8127(a)(3.1) of the Judicial Code, see Rule 3301 et seq.

Source

   The provisions of this Rule 3101 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 22; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended December 21, 2005, effective one month after the date of the order, 36 Pa.B. 176. Immediately preceding text appears at serial pages (302575) to (302576).

Rule 3101.1. Property Subject to Execution. Execution Within and After Five Years.

 (a)(1) Execution may issue within five years after entry of the judgment sought to be enforced or any judgment of revival or agreement to revive, against

     (i)   real property which is subject to the lien of the judgment, and

     (ii)   real property, title to which at the time of the entry of the writ of execution in the judgment index is recorded in the name of the person against whom the judgment is entered.

   (2)  If more than five years have expired since the entry of the judgment or of the last preceding judgment of revival or agreement to revive, no execution against real property may issue until a writ of revival shall have issued and been reduced to judgment or an agreement to revive entered. The execution shall issue on the judgment or agreement so entered and not on the original judgment.

 (b)  Execution may issue against personal property within the time allowed by law.

   Official Note

   Subdivisions (a)(1) and (2) continue the practice under Section 7 of the Act of July 3, 1947, P. L. 1234, 12 P. S. §  883 (repealed) relating to property subject to execution and execution after five years.
 For the applicable law under subdivision (b), see Section 5529(a) of the Judicial Code, 42 Pa.C.S. §  5529(a) (twenty-year limitation to issue execution upon personal property). See also Shearer v. Naftzinger, 747 A.2d 859 (Pa. 2000).
 A proceeding to revive a judgment lien is not relevant to an execution upon personal property.

Source

   The provisions of this Rule 3101.1 adopted December 19, 2003, effective July 1, 2004, 34, Pa.B. 22.

Rule 3101.2. Obligation Secured by Real and Personal Property. Plaintiff’s Election to Proceed against Both in Accordance with Its Rights against the Real Property.

 (a)(1)  A money judgment on an obligation secured by a mortgage which grants a mortgage lien on an estate, leasehold or interest in land and also a security interest in personal property, at the election of the plaintiff, may be enforced against both in one proceeding pursuant to the rules of this chapter governing execution against real property.

   (2)  A claim that any tangible personal property levied upon pursuant to a writ of execution is the property of a person other than the defendant in the execution shall proceed in accordance with Rule 3201 et seq. governing sheriff’s interpleader.

   Official Note

   The rules of this chapter governing execution on personal property do not apply to an execution on personal property if an election has been made to proceed under this rule. However, Rule 3201 et seq. governing sheriff’s interpleader does apply when tangible personal property levied upon is claimed to be the property of a person other than the defendant in the execution.

   For a similar provision applicable to the enforcement of a judgment of mortgage foreclosure, see Rule 3180(b).

    (b) The plaintiff shall make the election to proceed under subdivision (a) by filing an affidavit setting forth the place of record of the mortgage and stating that

     (1) the mortgage covers both the real property and the personal property against which the plaintiff seeks execution, and

     (2) the plaintiff intends to proceed against both in accordance with its rights against the real property pursuant to Section 9604 of the Uniform Commercial Code and this rule.

    (c) If plaintiff elects to proceed as provided by this rule, the term ‘‘real property’’ as used in this chapter shall be deemed to include the personal property.

   Official Note

   Subdivision (c) is not applicable to a proceeding in sheriff’s interpleader under Rule 3201 et seq. in which tangible personal property levied upon is claimed to be the property of a person other than the defendant in the execution.

Source

   The provisions of this Rule 3101.2 adopted March 13, 2007, effective June 1, 2007, 37 Pa.B. 1411.

Rule 3102. Writ of execution.

 Except as provided in Rule 3250, a judgment shall be enforced by a writ of execution substantially in the form provided by Rule 3252.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.
 Civil arrest has been abolished except as provided by Section 5108(b) of the Judicial Code, 42 Pa.C.S. §  5108(b).
 Writs of fieri facias, attachment execution, vendex, liberari facias and all other forms of execution writs on money judgments against property of the defendant are supplanted by the writ of execution provided by these rules.
 Exemption and immunity of property from execution remain as heretofore. For limitations as to execution against partners or association members on judgments against partnerships or unincorporated associations, see Rules 2132 and 2155.

Source

   The provisions of this Rule 3102 amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial page (213398).

Rule 3103. Commencement; issuance.

 (a)  Execution shall be commenced by filing a praecipe for a writ of execution with the prothonotary of any county in which judgment has been entered. Except as otherwise prescribed by Rule 2963 governing a judgment entered by confession, the praecipe shall be in the form prescribed by Rule 3251.

   Official Note

   The following Acts of Assembly contain special procedures in connection with the issuance of the writ:
 Section 428 of the Act approved June 2, 1915, P. L. 736, as amended, 77 P. S. §  951, providing for filing with the prothonotary an affidavit of default in payments before execution may issue on workmen’s compensation judgments.
 Section 712 of the Act approved May 15, 1933, P. L. 565, as amended, 71 P. S. §  733-712 requiring leave of court for execution against a financial institution of which the Secretary of Banking is in possession as receiver.
 Section 3377 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. §  3377, providing that execution may not issue on judgments against decedents other than on mortgages, ground rents or conditional sales of real or personal property without agreement in writing of the personal representative or approval of the Orphans’ Court.
 The Soldier’s and Sailor’s Civil Relief Act, 50 U.S.C.A. Appendix 520.

 (b)  A writ issued by the prothonotary of the county in which judgment was entered originally or by transfer or certification from another court in the same county may be directed to the sheriff of any county within the Commonwealth.

   Official Note

   Rule 2959(a)(1) authorizes the defendant in a confessed judgment to move to open judgment either in the county of entry or of execution.

 (c)  When a judgment is transferred to another county, a writ issued by the prothonotary of the transferee county may be directed only to the sheriff of his county.

 (d)  Writs may be issued at the same or different times or to the sheriffs of different counties without a prior return of any outstanding writ.

 (e)  Upon issuance of the writ the prothonotary shall transmit it directly to the sheriff to whom it is directed or upon plaintiff’s request deliver it to the plaintiff or the plaintiff’s representative for transmittal.

Source

   The provisions of this Rule 3103 adopted March 30, 1960, effective November 1, 1960; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial pages (213399) to (213400).

Rule 3104. Writ of Execution. Entry. Lien.

 (a)(1) When issuing the writ, the prothonotary shall enter it against the defendant in the judgment index. The writ, when entered, shall

 (i) continue the lien upon real property which is then subject to the lien of the judgment, and

 (ii) create a lien on real property acquired by the defendant subsequent to the entry of the judgment, located in the county, title to which at the time of entry of the writ is recorded in the name of the defendant.

   Official Note

   As to the effect of entry of the writ, Rule 3104 continues the practice under the Judgment Lien Law of 1947, 12 P. S. §  883 (repealed). See also Section 4303 of the Judicial Code, 42 Pa.C.S. §  4303.
 The praecipe for the writ of execution contains a direction to the prothonotary to enter the writ in the judgment index. See Rule 3251.

 (2) A lien created or continued solely by the entry of a writ of execution in the judgment index shall continue for a period of five years from the date the writ was entered.

   Official Note

   The lien of a writ of execution is not subject to revival under Rule 3025 et seq. governing revival of the lien of a judgment.

 (b)  Upon receiving a writ from another county, the sheriff shall deliver it to the prothonotary of his or her county who shall thereupon enter it in the judgment index and return it to the sheriff for execution. Such entry shall have the same effect as the entry of a judgment against the defendant.

 (c)  When the writ directs attachment of real property of the defendant in the name of a garnishee, the prothonotary of the county in which the writ is to be executed, upon praecipe of the plaintiff so directing and describing the real property in that county, shall enter the writ against the garnishee in the judgment index as a lis pendens. Entry against the garnishee shall constitute a lis pendens against the described property only in the county where the writ is entered and not against any other property of the garnishee.

Source

   The provisions of this Rule 3104 adopted March 30, 1960, effective November 1, 1960; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial page (255348).

Rule 3105. Writ; notation of time of receipt.

 The sheriff shall note on the writ the date and time when it is received.

Source

   The provisions of this Rule 3105 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243902).

Rule 3106. Substitution, reissuance and expiration of writ.

 (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.

Source

   The provisions of this Rule 3106 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (243902) to (243903).

Rule 3107. Order of levy and attachment.

 Real or personal property of the defendant may be levied upon or attached in any order or simultaneously, as the plaintiff may direct.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

Rule 3108. Service of Writ, Notice of Execution.

 (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;

   Official Note

   The following Acts of Assembly remain unsuspended:
 The Uniform Commercial Code, 13 Pa.C.S. §  7602, requiring seizure, surrender or injunction against negotiation of negotiable documents of title covering goods in the possession of a bailee.
 The Uniform Commercial Code, 13 Pa.C.S. §  8112, providing for the legal process by a creditor to reach a certificated security, an uncertificated security and a security entitlement.  The Pawn Brokerage Act of April 6, 1937, P. L. 200, §  21 63 P. S. §  281—21, providing that pawnbrokers shall not be required by legal process to deliver a pledge without surrender of the pawn ticket unless the pawn ticket has been impounded or its negotiation enjoined.
 For special provisions relating to access to safe deposit boxes see Rule 3110.

   (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;

   Official Note

   Only personal service upon the mortgagor or judgment debtor in the same manner as a writ of summons in a civil action will attach the personal liability of the mortgagor on the bond or the personal liability of the judgment debtor on the judgment.

   (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;

   Official Note

   Rents may also be ordered sequestered under Rule 3114 relating to execution against real property or a mortgage or lien thereon.

   (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.

 (b)  Upon levy or attachment, the sheriff shall mail a copy of the writ to the execution defendant at the last known address. The plaintiff shall provide the sheriff with copies of the writ and envelopes for mailing properly stamped and addressed. The sheriff shall note in the return the mailing of the writ and the date thereof.

Source

   The provisions of this Rule 3108 amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial pages (213401) to (213402).

Rule 3109. Manual possession; retention of possession.

 (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.

 (c)  If the sheriff does not retain possession of the property taken, it shall be returned to the person from whom it was taken.

 (d)  The sheriff may require bond or security for the actual or estimated cost of retaining possession of and preserving property levied upon.

Source

   The provisions of this Rule 3109 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243904).

Rule 3110. Execution against contents of safe deposit box.

 (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.

   Official Note

   ‘‘Registered mail’’ includes certified mail. See Definition Rule No. 76.

 (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.

Source

   The provisions of this Rule 3110 adopted March 30, 1960, effective November 1, 1960; amended November 14, 1978, effective December 2, 1978, 8 Pa.B. 3410; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (243904) to (243905).

Rule 3111. Service of the writ on garnishee; effect.

 (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.

   Official Note

   For limitations on the power to attach tangible personal property see Rule 3108(a).

   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)  Service of the writ upon the garnishee shall also subject the garnishee to the mandate and injunctive orders of the writ restraining the garnishee from paying any debt to or for the account of the defendant and from delivering any property of the defendant which may be attached under these rules to anyone except the sheriff or otherwise disposing thereof until further order of the court or discontinuance or termination of the attachment.

 (d)  Violation of the mandate and injunctive orders of the writ may be punished as a contempt.

Source

   The provisions of this Rule 3111 adopted March 30, 1960, effective November 1, 1960; amended through June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281; amended June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191; amended February 23, 2007, effective April 1, 2007, 37 Pa.B. 939; amended April 16, 2010, effective May 17, 2010, 40 Pa.B. 2243. Immediately preceding text appears at serial pages (326449) to (326450). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

Rule 3111.1. Exemptions from levy and attachment.

 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,

   Official Note

   See Rule 3146(b)(2) governing judgment against a bank or other financial institution as garnishee upon admission in answer to interrogatory.

   (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.

Source

   The provisions of this Rule 3111.1 adopted February 23, 2007, effective April 1, 2007, 37 Pa.B. 939; amended April 16, 2010, effective May 17, 2010, 40 Pa.B. 2243. Immediately preceding text appears at serial page (326450).

Rule 3112. Service of the writ upon garnishee; real property of defendant in name of third party.

 (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.

 (c)  A garnishee who cannot be served as provided in Rules 3111(a) or 3112(b) shall be served by (1) posting a copy of the writ on a public part of the property and (2) handing a copy of the writ to the person in actual possession of the property or, if no one is in actual possession, by sending the garnishee a copy of the writ together with an inventory of the property attached, by registered mail directed to the garnishee’s 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 special order shall direct.

   Official Note

   Registered mail includes certified mail. See Definition Rule 76.

   The remedies available under the Pennsylvania Uniform Fraudulent Transfer Act, 12 Pa.C.S. §  5107, are not suspended by these rules.

Source

   The provisions of this Rule 3112 amended through June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243906).

Rule 3113. Service upon garnishee; execution against mortgages, judgments or other liens on real property.

 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.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

   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).

Rule 3114. Sequestration of rents, principal, interest, income, etc.

 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.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

Rule 3115. Writs of several plaintiffs; notation of levy.

 (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.

Source

   The provisions of this Rule 3115 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial page (213405).

Rule 3116. Security for sheriff.

 No bond or security shall be required by the sheriff except as provided by these rules.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

   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.

Rule 3117. Discovery in aid of execution.

 (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.

   Official Note

   The immunity provisions of Section 5941(b) of the Judicial Code, 42 Pa.C.S. §  5941(b), relating to the judgment debtor remain unsuspended by these rules.

Source

   The provisions of this Rule 3117 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial page (213406).

Rule 3118. Supplementary relief in aid of execution.

 (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.

 (b)  The petition and notice of the hearing shall be served only within the Commonwealth in the manner prescribed by Rule 440 for the service of legal papers other than original process.

 (c)  Violation of the mandate or injunction of the court may be punished as a contempt.

   Official Note

   Service of a writ of execution against a garnishee enjoins the garnishee as provided in Rule 3111 but supplementary aid may be obtained under this rule against any party or person without the necessity of separate proceedings in equity in aid of execution.

Source

   The provisions of this Rule 3118 amended June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243908).

Rule 3119. Release of property from levy.

 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.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

Rule 3120. Abandonment of levy.

 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.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

Rule 3121. Stay of execution; setting aside execution.

 (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.

 (b)  Execution may be stayed by the court as to all or any part of the property of the defendant upon its own motion or application of any party in interest showing

   (1)  a defect in the writ, levy or service; or

   (2)  any other legal or equitable ground therefor.

 (c)  In an order staying execution the court may impose such terms and conditions or limit the stay to such reasonable time as it may deem appropriate.

   Official Note

   The defendant may under these rules obtain a stay upon a showing that the net rents or income can satisfy the judgment, interest and costs within a reasonable time, that a stay will not imperil the ultimate collection of the judgment and that in balancing the equities no undue hardship will be inflicted on the plaintiff. The court may in granting stay provide for payment to the plaintiff or may order sequestration of the rents or income.

 (d)  The court may on application of any party in interest set aside the writ, service or levy

   (1)  for a defect therein;

   (2)  upon a showing of exemption or immunity of property from execution, or

   (3)  upon any other legal or equitable ground therefor.

 (e)  All objections by the defendant shall be raised at one time.

   Official Note

   The garnishee may however raise the defenses of exemption or immunity of property from execution by preliminary objection or in answers to interrogatories. See Rules 3142(a) and (c) and 3145(b).

 (f)  After the termination of a stay, sale may be had without reissuance of the writ.

Source

   The provisions of this Rule 3121 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2188. Immediately preceding text appears at serial pages (243909) to (243910).

Rule 3122. Venue of stay and other proceedings.

 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.

   Official Note

   By Rule 3141(b) the garnishee is given a similar option as to the venue of the proceedings.

   Rule 2959(a)(i) authorizes the defendant in a confessed judgment to petition to open the judgment in the county in which the judgment is entered or in the county of execution.

Source

   The provisions of this Rule 3122 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial page (213408).

Rule 3123. Debtor’s exemption.

 (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.

   Official Note

   See Mayhugh v. Coon, 460 Pa. 128, 331 A.2d 452 (1975).

 (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.

   Official Note

   See Rule 3123.1 for the requirement of a prompt court hearing upon a claim for exemption of property from execution.

Source

   The provisions of this Rule 3123 amended March 16, 1981, effective March 27, 1981, 11 Pa.B. 1075; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2188. Immediately preceding text appears at serial pages (243910) to (243911).

Rule 3123.1. Claim for exemption or immunity of property; prompt hearing.

 (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.

   Official Note

   Pennsylvania and Federal law provide numerous exemptions of property from execution, including the following:

   Exemptions under Pennsylvania Law

   1. General $300 statutory exemption, 42 Pa.C.S. §  8123.

   2. Particular personal property exemption—wearing apparel, bibles and school books, sewing machines, uniforms and equipment, 42 Pa.C.S. §  8124(a).

   3. Certain retirement funds and accounts, 42 Pa.C.S. §  8124(b):
Public School Employes’ Retirement Fund, 24 Pa.C.S. §  8533 and 42 Pa.C.S. §  8124(b)(1)(i).
State Employes’ Retirement Fund, 42 Pa.C.S. §  8124(b)(1)(ii) and 71 Pa.C.S. §  5953.
Police Pension Funds, 42 Pa.C.S. §  8124(b)(1)(iii).
Philadelphia Pension Fund, 42 Pa.C.S. §  8124(b)(1)(iv).
Pittsburgh Pension Fund, 42 Pa.C.S. §  8124(b)(1)(v).
Pennsylvania Municipal Retirement Fund, 42 Pa.C.S. §  8124(b)(1)(vi).
Private employes’ pensions or annuity funds, 42 Pa.C.S. §  8124(b)(1)(vii).
Self-employed retirement or annuity funds, 42 Pa.C.S. §  8124(b)(1)(viii).
Retirement or annuity funds provided for under the Internal Revenue Code, 42 Pa.C.S. §  8124(b)(1)(ix).

   4. Certain insurance proceeds, 42 Pa.C.S. §  8124(c).
Fraternal society benefits, 42 Pa.C.S. §  8124(c)(1),(8).
Workmen’s compensation, 42 Pa.C.S. §  8124(c)(2).
Group insurance, 42 Pa.C.S. §  8124(c)(5).
Life insurance and annuities, 42 Pa.C.S. §  8124(c)(3), (4), (6).
Accident and disability insurance, 42 Pa.C.S. §  8124(c)(7).
No-fault motor vehicle accident benefits, 42 Pa.C.S. §  8124(c)(9).

   5. Personal earnings, subject to the exceptions under 23 Pa.C.S. Pt. IV relating to divorce and for support, board, certain damages arising from a residential lease, and student loan obligations, 42 Pa.C.S. §  8127.

   6. Tangible personal property on international exhibition, 42 Pa.C.S. §  8125.

   7. Common carrier, property in interstate transit, 42 Pa.C.S. §  8126.

   8. Certain veteran benefits.

   

   

  Veterans’ litigation awards (Vietnam herbicide), 51 Pa.C.S. §  7902(a)
Sums payable under:
the Veterans’ Compensation Act, 51 P. S. §  20012.
the World War II Veterans Compensation Act, 51 P. S. §  20048.
the Korean Conflict Veterans Compensation Act, 51 P. S. §  20098.
the Vietnam Conflict Veterans’ Compensation Act, 51 P. S. §  20127.

   Exemptions under Federal Law

   1. Certain wages and compensation:
Longshoremen’s and harborworkers’ compensation, 33 U.S.C. §  916.
Injury or death resulting from war-risk hazard, 42 U.S.C. §  1717.

   2. Social Security benefits, 42 U.S.C. §  407.

   3. Certain retirement funds and accounts:
Civil Service, 5 U.S.C. §  8346(a).
Foreign Service, 22 U.S.C. §  4060(c).
Railroad Retirement, 45 U.S.C. §  231m.
Judges’ widows’ annuities, 28 U.S.C. §  376(n).

   4. Certain veteran and armed forces benefits:
Laws administered by the Veterans Administration, 38 U.S.C. § §  1970 and 5301.
Armed Forces Survivor Benefit Plan, 10 U.S.C. §  1450(i).
Savings deposited with armed forces, 10 U.S.C. §  1035(d).
Medal of Honor Roll Special Pension, 38 U.S.C. §  1562(c).

   5. Miscellaneous:
Property of a foreign state, 28 U.S.C. § §  1609, 1611.
Rail Fund, 45 U.S.C. §  822(e).

Source

   The provisions of this Rule 3123.1 adopted March 16, 1981, effective March 27, 1981, 11 Pa.B. 1075; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial pages (213409) to (213411).

Rule 3124. Order of sale.

 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.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

Rule 3125. Perishable property; sale, preservation, or other disposition.

 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.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

Rule 3126. Sale of inventory in course of trade.

 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.

Source

   The provisions of this Rule 3126 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243913).

Rule 3127. Right of sheriff to break and enter.

 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.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

Rule 3128. Notice of sale; personal property.

 (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.

   Official Note

   The time of sale, terms and conditions as to amount of deposit, time for payment of balance, forfeiture of deposit, resales or forfeiture and similar matters are not regulated by these rules and will be governed by local practice in order to permit greater adaptability to the wide variety of local conditions and customs.

 (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.

Source

   The provisions of this Rule 3128 adopted March 30, 1960, effective November 1, 1960; amended November 14, 1978, 8 Pa.B. 3410; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243914).

Rule 3129. Notice of sale; real property.

 [Rescinded].

   Official Note

   Notice of the execution sale of real property is governed by Rules 3129.1, 3129.2 and 3129.3.

Source

   The provisions of this Rule 3129 adopted March 30, 1960, effective November 1, 1960; amended through March 25, 1986, effective July 1, 1986, 16 Pa. B. 1263; amended March 6, 1989, effective July 1, 1989, 19 Pa.B. 1282. Immediately preceding text appears at serial pages (105879) to (105885).

Rule 3129.1. Sale of Real Property. Notice. Affidavit.

 (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.

 (c)  The affidavit required by subdivision (b) shall be substantially in the following form:

 (Caption)
AFFIDAVIT PURSUANT TO RULE 3129.1

 


, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at
:
(Describe the real property to be sold  

or attach a description as an exhibit)  

1. Name and address of owner(s) or reputed owner(s):
Name





Address (if address cannot be reasonably
ascertained, please so indicate)





2. Name and address of defendant(s) in the judgment:
Name






Address (if address cannot be reasonably ascertained, please so indicate)






3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name






Address (if address cannot be reasonably ascertained, please so indicate)





4. Name and address of the last recorded holder of every mortgage of record:
Name







Address (if address cannot be reasonably ascertained, please so indicate)






5. Name and address of every other person who has any record lien on their property:
Name







Address (if address cannot be reasonably ascertained, please so indicate)






6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale:
Name







Address (if address cannot be reasonably ascertained, please so indicate)






7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale:
Name







Address (if address cannot be reasonably ascertained, please so indicate)





 (Attach separate sheet if more space is needed)

 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §  4904 relating to unsworn falsification to authorities.



Date

Plaintiff

Source

   The provisions of this §  3129.1 adopted March 6, 1989, effective July 1, 1989, 19 Pa.B. 1282.

Rule 3129.2. Notice of sale; handbills; written notice; publication.

 (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).

   Official Note

   Where real estate subject to federal liens is sold in execution under a judgment by confession, see the provisions of the Federal Tax Lien Act of 1966 adding sec. 7425(c) to the Internal Revenue Code, 26 U.S.C.A. §  7425(c), providing for notice to the United States.
 As to judgments entered after December 1, 1973, see Rule 236 requiring notice of entry by the prothonotary.

 (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.

 (c)  The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1.

   (1)  Service of the notice shall be made

     (i)   upon a defendant in the judgment who has not entered an appearance and upon the owner of the property.

       (A)   by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or

   Note

   See Rule 76 for the definition of ‘‘competent adult.’’

       (B)   by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or

       (C)   if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court; and

     (ii)   upon the defendant in the judgment who has entered an appearance, by the plaintiff in the manner provided by Rule 440, and

     (iii)   upon each other person named in the affidavit by the plaintiff by ordinary mail at the address set forth in the affidavit with the return address of the plaintiff appearing thereon. The plaintiff shall obtain from the U.S. Postal Service a Form 3817 Certificate of Mailing. Service shall be complete upon mailing. If the mail is returned the validity of the service shall not be impaired and the sale shall proceed at the time fixed in the notice.

   (2)  The person serving the notice shall file a return of service as provided by Rule 405. If service is made by mail pursuant to subdivision (c)(1)(iii), the return shall include the certificate of mailing and the letter, if returned.

   (3)  If service on any person is not made at least thirty days prior to the date of the sale stated in the notice, such notice shall be deemed timely if the sale is stayed, continued, postponed or adjourned in accordance with Rule 3129.3 to a date certain which is at least thirty days after the date of the last required service.

   Official Note

   This rule does not state the effect of a failure to give the required notice. See In re Tax Claim Bureau of Lehigh County 1981 Upset Tax Sale Properties: Appeal of Dian K. Hass, 96 Pa. Commw. 452, 507 A.2d 1294 (1986), involving the failure to give notice of a tax sale.

 (d)  Notice containing the information required by subdivision (b) shall also be given by publication by the sheriff once a week for three successive weeks in one newspaper of general circulation in the county and in the legal publication, if any, designated by rule of court for publication of notices, the first publication to be made not less than twenty-one days before the date of sale. No additional publication shall be required.

   Official Note

   See Note to Rule 3128 as to time, terms and conditions of sale. See also Rule 3131 as to advertisement where a parcel of real property extends across county lines.

Source

   The provisions of this Rule 3129.2 adopted March 6, 1989, effective July 1, 1989, 19 Pa.B. 1282; amended April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; amended June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191; amended December 21, 2010, effective January 21, 2011, 41 Pa.B. 333. Immediately preceding text appears at serial pages (348659) to (348660). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

Rule 3129.3. Postponement of Sale. New Notice. Failure of Plaintiff to Attend Sale.

 (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)  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, in-cluding 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.

 (c)  If the plaintiff or a representative of the plaintiff is not present at the sale, the real property shall not be sold. The sheriff shall return the writ of execution to the prothonotary and file a return pursuant to Rule 3139 indicating that the real property was not sold because the plaintiff or a representative of the plaintiff was not present at the sale. Thereafter, the writ may be reissued pursuant to Rule 3106.

Source

   The provisions of this Rule 3129.3 adopted March 6, 1989, effective July 1, 1989, 19 Pa.B. 1282; amended October 24, 2006, effective January 1, 2007, 36 Pa.B. 6849. Immediately preceding text appears at serial pages (260394) and (302581).

Rule 3130. Sale of securities.

 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.

Source

   The provisions of this Rule 3130 amended November 14, 1978, effective December 2, 1978, 8 Pa.B. 3410. Immediately preceding text appears at serial page (25034).

Rule 3131. Sale of real property located in more than one county.

 (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.

 (c)  The court may enter judgment upon the pleadings or take evidence by deposition or otherwise, shall order the extent of the real property which shall be subjected to execution, describing it by metes and bounds, shall designate the place of sale, and shall control the distribution of the proceeds of sale. The court may apportion the proceeds so as to satisfy prior lienors, including those having a lien upon a portion of a single tract which lay in a different county and which was not sold on execution.

 (d)  If the order of the court directs a sale to include land in another county, a copy of the pleadings and the order of the court shall be filed by the plaintiff in the office of the prothonotary of such other county and indexed therein. Notice of the sale shall be advertised in each county.

Source

   The provisions of this Rule 3131 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026; amended December 16, 2003, efective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial pages (255365) to (255366).

Rule 3132. Setting aside sale.

 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.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

Rule 3133. Lien creditor as purchaser.

 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.

Source

   The provisions of this Rule 3133 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243918).

Rule 3134. Transfer of personal property to purchaser.

 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
.’’

   Official Note

   Sections 1114 and 1116 of the Vehicle Code, 75 Pa.C.S. § §  1114, 1116, relating to transfer of vehicle by operation of law and prescribing the procedure, remain unsuspended by these rules.

Source

   The provisions of this Rule 3134 adopted March 30, 1960, effective November 1, 1960; amended April 18, 1975, effective immediately; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial page (213418).

Rule 3135. Sheriff’s deed to real property. Correction of deed.

 (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.

   Official Note

   See Rule 3136(a) governing the filing of the schedule of distribution.

 (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.

Source

   The provisions of this Rule 3135 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026; amended November 2, 2005, effective January 1, 2006, 35 Pa.B. 6320; amended July 28, 2010, effective September 1, 2010, 40 Pa.B. 4635. Immediately preceding text appears at serial page (315137).

Rule 3136. Distribution of proceeds.

 (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 kept on file and shall be available for inspection in the sheriff’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.

Source

   The provisions of this Rule 3136 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (243919) to (243920).

Rule 3137. Priority of distribution as between competing plaintiffs.

 (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.

   Official Note

   Under Rule 3115(a), a levy under any valid writ constitutes a levy by endorsement under every other valid writ then in the sheriff’s hands. For limitations on attachment of tangible personal property see Rule 3108(a).

Source

   The provisions of this Rule 3137 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243920).

Rule 3138. Sheriff’s expenses and fees; recovery as costs; abandonment of writ for non-payment.

 (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.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

Rule 3139. Sheriff’s return.

 (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.

 (b)  The sheriff shall make an immediate return of service upon serving a garnishee, but may retain the writ for further proceedings.

   Official Note

   If service or levy has been made within the 90 day period allowed by Rule 3106(d), the writ remains valid for all subsequent proceedings thereafter without further reissuance.

 (c) The return of the sheriff shall be made to the prothonotary of the county in which the writ issued and shall include any schedule of distribution required under these rules.

 (d)  If real property is sold by the sheriff under a writ of execution from another county, a copy of the sheriff’s return shall also be filed by the sheriff with the prothonotary of the county in which the real property is located.

Source

   The provisions of this Rule 3139 amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (213421).

Rule 3140. Notice by garnishee.

 (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.

   Official Note

   Registered mail includes certified mail. See Definition Rule 76.

   Attachment of wages, salary and commissions to satisfy a money judgment arising from a residential lease pursuant to Section 8127(a)(3.1) of the Judicial Code is governed by Rule 3301 et seq.

 (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.

Source

   The provisions of this Rule 3140 adopted March 30, 1960, effective November 1, 1960; amended through June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; amended June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191; amended December 21, 2005, effective one month after the date of the Order, 36 Pa.B. 176; amended April 16, 2010, effective May 17, 2010, 40 Pa.B. 2243. Immediately preceding text appears at serial pages (316413) to (316414). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

Rule 3141. Garnishee’s duty to defend; venue of proceedings.

 (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.

   Official Note

   See Rule 3142 authorizing preliminary objections; Rule 3121 as to stay; Rule 3143(f), (g), (h), as to non pros; Rule 3145 as to defenses. Failure to answer interrogatories or to file a sufficient answer may result in judgment against the garnishee. See Rules 3146 and 3147.

 (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).

Source

   The provisions of this Rule 3141 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281; amended April 16, 2010, effective May 17, 2010, 40 Pa.B. 2243. Immediately preceding text appears at serial page (316414).

Rule 3142. Preliminary objections.

 (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.

   Official Note

   See also Rule 3145(b) authorizing the garnishee to raise the defenses of immunity or exemption by answer to interrogatories and Rule 3121(d) authorizing the court, on application of any party in interest, to set aside the writ, service or levy upon a showing of exemption or immunity of property from execution or upon any other legal or equitable grounds therefor.

 (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.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

Rule 3143. Dissolution of attachment; release of property; bond.

 (a)  An attachment is not dissolved by the death or dissolution of a defendant or garnishee.

 (b)  (1) An attachment is dissolved when any person or party

     (i)   files with the prothonotary a bond, 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, conditioned to pay the plaintiff the amount finally determined to be due by the garnishee or the value of the property whichever is less, or

     (ii)   deposits with the prothonotary, or with the sheriff for the prothonotary, to be held by the prothonotary or the sheriff upon the same condition as the bond, security in the form of legal tender of the United States in an amount equal to the plaintiff’s judgment, including probable interest and costs, or in such lesser amount as the court may direct.

   (2)  Upon the filing of the bond or security, the garnishee shall be discharged from further liability for payment under the attachment, but the attachment shall be prosecuted to final judgment for the purpose of determining the amount, if any, due by the garnishee to the defendant or the value of the property attached.

 (c)  Specific property is released without dissolving the attachment when any person or party gives bond or security, as provided by Subdivision (b) of this rule, in an amount based upon the value of the property to be determined by the court, and conditioned to pay the plaintiff the amount of the final judgment against the defendant or the value of the property released, whichever is less.

   Official Note

   For further remedies available to a third person claiming attached property, see Rules on Intervention, 2326 et seq.; Rules on Interpleader, 2301 et seq., and Rules on Sheriff’s Interpleader, 3201 et seq.

 (d)  The court on petition of any party may, at any time after notice and hearing, release part of the attached property if the value of the property attached is excessive compared to the amount in controversy.

 (e)  If the attachment is dissolved or property is released, the property shall be returned to the person from whom it was taken.

 (f)  The prothonotary, on praecipe of the garnishee or defendant, shall enter a rule on the plaintiff to file interrogatories. If the plaintiff fails to comply with the rule within twenty days after service, the prothonotary, upon praecipe of the garnishee, shall enter judgment of non pros against the plaintiff and in favor of the garnishee, which shall dissolve the attachment as to the garnishee.

 (g)  At any time after the filing of answers to the interrogatories and service of a copy upon the plaintiff, the prothonotary, on praecipe of the garnishee, shall enter a rule on the plaintiff to (1) seek judgment against the garnishee under Rule 3146(b) or (2) place the issue between the plaintiff and garnishee upon the list for trial. If the plaintiff fails to comply with the rule within twenty days after service, the prothonotary, on praecipe of the garnishee, shall enter judgment of non pros against the plaintiff in favor of the garnishee, which shall dissolve the attachment as to the garnishee.

 (h)  The court on petition of any party may, at any time after notice and hearing, dissolve the attachment if the plaintiff has not prosecuted it with diligence.

Source

   The provisions of this Rule 3141 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (213422) and (243921) to (243922).

Rule 3144. Interrogatories to garnishee.

 (a)  The plaintiff may, at the time of issuance of the writ or thereafter, file and serve interrogatories directed to the garnishee respecting property of the defendant in the garnishee’s possession. The plaintiff in the interrogatories may require the garnishee to include in the answer, so far as relevant, the names and addresses of persons taking part in any transaction, the specific amount of any debt, the value and location of any property and the nature and amount of consideration given for any transfer of property.

   Official Note

   See Rule 3101 defining property in possession of garnishee.

 (b)  The interrogatories shall contain a notice to answer within twenty days after service.

   Official Note

   For form of interrogatories, see Rule 3253 infra.

Source

   The provisions of this Rule 3144 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243922).

Rule 3145. Interrogatories; procedure.

 (a)  The procedure between the plaintiff and the garnishee shall, as far as practicable, be the same as though the interrogatories were a complaint and the answer of the garnishee were an answer in a civil action.

 (b)  The garnishee in the answer under ‘‘new matter’’ may include

   (1)  the defenses of the immunity or exemption of property;

   (2)  any defense or counterclaim which the garnishee could assert against the defendant if sued by the defendant but the garnishee may not assert any defense on behalf of the defendant against the plaintiff or otherwise attack the validity of the attachment;

   Official Note

   Objections to the attachment, other than the defenses of immunity or exemption, must be raised preliminarily. See Rule 3142.

   (3)  any claim which the garnishee could assert against the plaintiff if sued by the plaintiff.

Source

   The provisions of this Rule 3145 adopted March 30, 1960, effective November 1, 1960; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243922).

Rule 3146. Judgment against garnishee upon default or admission in answer to interrogatories.

 (a)(1)  If the garnishee within the time allowed by these rules fails to file an answer to interrogatories containing a notice to answer, the prothonotary on praecipe of the plaintiff shall enter judgment unliquidated in amount, in favor of the plaintiff and against the garnishee. The amount of the judgment shall thereafter be assessed by the court on motion, notice to the garnishee with a copy to the defendant in the form provided by subdivision (a)(2), and hearing. At the hearing the garnishee may raise defenses against the judgment debtor available under Rule 3145, provided that written notice thereof has been given to all parties not less than ten days prior to the hearing. If the garnishee appears, the court shall determine and enter judgment for the value of the property of the defendant in the hands of the garnishee but shall not enter judgment in excess of the judgment of the plaintiff against the defendant together with interest and costs. If the garnishee fails to appear, or if appearing offers no evidence, the amount of the judgment shall thereupon be entered in the amount of the plaintiff’s judgment against the defendant together with interest and costs, and the court may also award to the plaintiff reasonable expenses including attorney’s fees.

   (2)  The notice required by subdivision (a)(1) shall be in substantially the following form:

NOTICE OF ASSESSMENT OF DAMAGES



 To
, Garnishee:

 On


, you were served with a writ of execution as a garnishee and were notified of your duties under it.

 Judgment has been entered against you because you have failed to answer the interrogatories served with the writ. The court will assess the amount of the judgment at a hearing to be held on


, at
,
. M., in Courtroom
,
County Courthouse,
, Pa. If you fail to appear, damages will be assessed against you in the amount of the judgment of the plaintiff against the defendant, $
, together with interest, costs and reasonable expenses including attorney’s fees, whether or not you may owe anything to the defendant or hold any of the defendant’s property.

 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.



  (Name)


  (Address)


  (Telephone Number)

 (b)(1)  Subject to paragraph (2) of this subdivision, the prothonotary, on praecipe of the plaintiff, shall enter judgment against the garnishee for the property of the defendant admitted in the answer to interrogatories to be in the garnishee’s possession, subject to any right therein claimed by the garnishee, but no money judgment entered against the garnishee shall exceed the amount of the judgment of the plaintiff against the defendant together with interest and costs. The entry of judgment shall not bar the right of the plaintiff to proceed against the garnishee as to any further property or to contest any right in the property claimed by the garnishee.

   (2)  If the garnishee is a bank or other financial institution, the prothonotary, in the absence of an order of court, shall not enter judgment pursuant to paragraph (1) of this subdivision as to funds of any account of the defendant that is identified in the garnishee’s answer to interrogatory no. 7 or 8.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

Source

   The provisions of this Rule 3146 amended December 10, 1981, effective February 8, 1982, 12 Pa.B. 267; amended June 10, 2003, effective September 1, 2003, 33 Pa.B. 2974; amended February 7, 2007, effective April 1, 2007, 37 Pa.B. 939. Immediately preceding text appears at serial pages (255373), (255374) and (297583) to (297584).

Rule 3147. Judgment against garnishee on pleadings or after trial.

 If the court enters judgment for the plaintiff and against the garnishee upon pleadings or after trial, the judgment shall be for the property of the defendant found to be in the garnishee’s possession, but no money judgment entered against the garnishee shall exceed the amount of the judgment of the plaintiff against the defendant together with interest and costs.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

Rule 3148. Content of judgment against garnishee; execution.

 (a)  A judgment entered against the garnishee under Rules 3146(b) or 3147, shall

   (1)  be in the form of a money judgment if the garnishee owes a debt to the defendant;

   (2)  specify any other property of the defendant in the possession of the garnishee; and

   (3)  be in the form of a charging order in the case of attachment against a partnership interest.

 (b)  If a money judgment is entered against the garnishee the plaintiff may have execution against the garnishee generally for the amount of the judgment.

 (c)  If judgment is entered against the garnishee for specific property of the defendant determined to be in the possession of the garnishee, the plaintiff may have execution against the property. If the garnishee fails to make the property available to the sheriff for execution, the plaintiff upon leave of court may have execution against the garnishee generally for the amount of the plaintiff’s judgment against the defendant, together with interest and costs, unless the garnishee shows good cause for nonproduction of the property, or that its value is less than the amount of plaintiff’s judgment, interest and costs, in which event judgment shall be entered for the lesser amount.

 (d)  If the garnishee is found to have a lien upon the property, the rights of all parties may be enforced by a conditional verdict or order.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

Rule 3149. Objection to security.

 The court on the petition of any person or party may at any time after notice and hearing

   (1)  review the action of the prothonotary or sheriff in approving or rejecting any bond or security offered;

   (2)  increase or decrease the amount of any bond or security;

   (3)  strike off a bond improperly filed; or

   (4)  permit the substitution of a bond or security and enter exoneration of a prior bond.

   Official Note

   Adopted March 30, 1960, effective November 1, 1960.

Rule 3159. Acts of Assembly not suspended.

 (a)  The following Acts of Assembly shall not be deemed suspended or affected:

   (1)  Section 428 of the Act approved June 2, 1915, P. L. 736, as amended, 77 P. S. §  951.

   Official Note

   This Section of the Workmen’s Compensation Act provides that execution may issue on a workmen’s compensation judgment upon first filing with the prothonotary an affidavit of default in payments.

   (2)  Section 1 of the Act approved May 7, 1929, P. L. 1589, as amended, 68 P. S. §  322.

   Official Note

   This Act provides for landlord’s priority for rent under execution sale against tenant.

   (3)  Section 1711 of the Act of June 24, 1931, P. L. 1206, as amended, 53 P. S. §  56711.

   Official Note

   This section of the First Class Township Code provides for a special levy to pay debts.

   (4)  Section 3205 of the Act of May 1, 1933, P. L. 103, No. 69, as amended, 53 P. S. §  68205.

   Official Note

   Subdivision (b) of this section of the Second Class Township Code provides for a special levy to pay debts.

   (5)  Section 712 of the Act of May 15, 1933, P. L. 565, as amended, 71 P. S. §  733-712.

   Official Note

   This section requires leave of court for execution against a financial institution of which the Secretary of Banking is in possession as receiver.

   (6)  Section 1 of the Act approved May 24, 1933, P. L. 987, 40 P. S. §  117.

   Official Note

   This Section relates to the right of plaintiff to maintain an action against an indemnity insurer upon return of execution unsatisfied against insured.

   (7)  Section 21 of the Act approved April 6, 1937, P. L. 200, 63 P. S. §  281-21.

   Official Note

   This section relates to pawnbrokers’ liens on pledged goods and the prohibition against legal process requiring a pawnbroker to deliver a pledge without surrender of the ticket unless the ticket has been impounded or its negotiation enjoined.

   (8)  Section 611 of the Act of March 10, 1949, P. L. 30, as amended, 24 P. S. §  6-611.

   Official Note

   This section of the Public School Code of 1949 provides for the enforcement of judgments against school districts.

   (9)  As to boroughs, see the Borough Code of February 1, 1966, P. L. (1965)


, No. 581, as amended, 53 P. S. §  46303.

   Official Note

   This section of the Borough Code provides for a special levy to pay debts.

   (10)  Any Act of Assembly providing immunity or exemption of property from execution.

   Official Note

   This Section is intended to preserve the numerous Acts of Assembly providing for immunity or exemption of particular types or classes of property from execution. The practice and procedure as to claiming or waiving exemption or immunity is governed by these rules.

 (b)  The following provisions of the Consolidated Statutes shall not be deemed suspended or affected:

   (1)  Section 5107 of the Pennsylvania Uniform Fraudulent Transfer Act, 12 Pa.C.S. §  5107.

   Official Note

   This section of the Pennsylvania Uniform Fraudulent Transfer Act relates to remedies of creditors.

   (2)  The Uniform Commercial Code, 13 Pa.C.S. §  1101 et seq.

   (3)  Section 8345 of Associations Code, 15 Pa.C.S. §  8345.

   Official Note

   This Section of the Uniform Partnership Act relates to charging orders in execution against partnership interests.

   (4)  Section 8563 of the Associations Code, 15 Pa.C.S. §  8563.

   Official Note

   This Section of the Pennsylvania Revised Limited Partnership Act relates to charging orders in execution against limited partnership interests.

   (5)  Section 3377 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. §  3377.

   Official Note

   This section of the Probate, Estates and Fiduciaries Code provides that execution shall not issue against property of the estate of a decedent upon judgment, other than mortgages, ground rents, pledges or conditional sales of real or personal property, without agreement in writing of the personal representative or approval of the Orphans’ Court.

   (6)  Section 2503(2) and (3) of the Judicial Code, 42 Pa.C.S. §  2503(2) and (3).

   Official Note

   These sections relate to the right of a garnishee to receive counsel fees.

   (7)  Section 5105(f) of the Judicial Code, 42 Pa.C.S. §  5105(f).

   Official Note

   This Section provides that the reversal or modification of any order of a court in a matter in which the court has jurisdiction of the sale, mortgage, exchange or conveyance of real or personal property shall not impair or divest any estate or interest acquired thereunder by a person not a party to the appeal.

   (8)  Section 8151 of the Judicial Code, 42 Pa.C.S. §  8151.

   Official Note

   This section requires officers conducting judicial sales of property to give twenty days notice in writing to the Pennsylvania Department of Revenue.

   (9)  Sections 8123(b)(3) and (4) of the Judicial Code, 42 Pa.C.S. § §  8123(b)(3) and (4).

   Official Note

   These Sections provide that there shall be no exemption of property in executions upon judgments for board for four weeks or less or for wages of $100 or less for manual labor.

   (10)  Section 8127(b) of the Judicial Code, 42 Pa.C.S. §  8127(b).

   Official Note

   This Section prohibits the commencement of actions or transfer of claims for collection outside of the Commonwealth to defeat a claim for exemption.

   (11)  Sections 1114 and 1116 of the Vehicle Code, 75 Pa.C.S. § §  1114, 1116.

   Official Note

   These sections relate to change of ownership by operation of law and the issuance of certificates of title.

Source

   The provisions of this Rule 3159 adopted April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026.



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