Current through Register Vol. 54, No. 12, March 23, 2024
(a) Notice of the sale of real property shall
be given by handbills as provided by subdivision (b), by written notice as
provided by subdivision (c) to all persons whose names and addresses are set
forth in the affidavit required by Rule
3129.1, and by publication as
provided by subdivision (d).
(b)
The handbills shall be posted by the sheriff in the sheriff's office and upon
the property at least thirty days before the sale, and shall include
(1) a brief description of the property to be
sold, its location, any improvements, the judgment of the court on which the
sale is being held, the name of the owner or reputed owner, and the time and
place of sale, and
(2) a notice
directed to all parties in interest and claimants that a schedule of
distribution will be filed by the sheriff on a date specified by the sheriff
not later than thirty days after the sale and that distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten
days after the filing of the schedule.
(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
(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.
(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.
