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PA Bulletin, Doc. No. 11-67

THE COURTS

PART I. GENERAL

[ 231 PA. CODE CH. 3000 ]

Amendment of Rule 3129.2 of the Rules of Civil Procedure; No. 540 Civil Procedural Rules Doc.

[41 Pa.B. 333]
[Saturday, January 15, 2011]

Order

Per Curiam

 And Now, this 21st day of December, 2010, upon the recommendation of the Civil Procedural Rules Committee; the proposal having been published for comment at 40 Pa.B. 1892 (April 10, 2010) and in the Atlantic Reporter (Second Series Advance Sheets, Vol. 989 No. 3):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 3129.2 of the Pennsylvania Rules of Civil Procedure is amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective January 21, 2011.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 3000. JUDGMENTS

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

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

 (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.

 [For special rules requiring notice by the plaintiff to defendants on judgments by confession entered before December 1, 1973, see Rule 2958.]

*  *  *  *  *

 (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.

*  *  *  *  *

 (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. [Haas] 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 [a] 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.

Explanatory Comment

 Current Rule 3129.2(d) requires that notice of a sheriff's sale be advertised in (1) a newspaper of general circulation and (2) a legal publication if one has been designated by local rule of court for publication of notices. It has been reported that certain counties are requiring publication of the notice of sheriff's sale in multiple newspapers. This additional publication, which is not required by Rule 3129.2, can significantly increase costs imposed for sheriff's sales. The amendment to Rule 3129.2 clarifies the intent of the rule by adding a sentence to subdivision (d) stating that advertising of a sheriff's sale is required in only one newspaper of general circulation, and in the legal publication, if any, designated by rule of court for publication of notices.

By the Civil Procedural Rules Committee

HONORABLE ROBERT C. DANIELS, 
Chair

[Pa.B. Doc. No. 11-67. Filed for public inspection January 14, 2011, 9:00 a.m.]


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