Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 3000 - JUDGMENTS
Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY
Rule 3108 - Service of Writ, Notice of Execution

Universal Citation: 231 PA Code ยง 3108

Current through Register Vol. 54, No. 38, September 21, 2024

(a) Service of the writ shall be made by the sheriff in the case of

(1) tangible personal property, by levy thereon or, if the property is in possession of a third person who prevents a levy or fails to make the property of the defendant available to the sheriff for levy, by serving the third person as garnishee;

(2) a lien upon real property created under a mortgage, judgment or otherwise, by serving as garnishee the mortgagor, judgment or lien debtor, and the real owner of the real property upon which the mortgage, judgment or other lien is secured, as provided in Rule 3113;

(3) The interest of the defendant in a partnership, by serving the partnership as garnishee;

(4) other intangible personal property and rents, by serving a garnishee;

(5) real property of the defendant, title to which is recorded in the name of a third party, by levy and attachment as provided by Rule 3112;

(6) all other real property in the county, by noting upon the writ a brief description of the real property levied upon and a statement that the sheriff has levied upon the defendant's interest therein.

(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.

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