Rule 2958.2. Notice of Execution Served with Notice of Sale of Real Property.
(a) Written notice substantially in the form prescribed by Rule 2965 shall be served upon the defendant at least thirty days prior to the sheriff’s sale if the property to be levied upon consists solely of
(1) real property, or
(2) real property and personal property to be sold with the real property pursuant to Section 9604(a) of the Uniform Commercial Code.
Official Note
Section 9604(a) of the Uniform Commercial Code, 13 Pa.C.S. § 9604(a) relates to the rights of a secured party when the agreement covers real and personal property.
The notice required by this rule must be served only when the plaintiff has not proceeded under Rule 2958.1 requiring at least thirty days notice prior to the filing of the praecipe for writ of execution.
Rule 2957(b) governing the praecipe for the writ of execution requires a certification that notice has been given as provided by this rule.
Rule 2959(a)(3) requires a petition for relief from a confessed judgment to be filed within thirty days after service of notice pursuant to this rule.
(b) The notice shall be served with the written notice of sale of real property and shall be governed by the provisions of Rule 3129.2(c).
Official Note
Rule 3129.2(c) governing notice of the sale of real property provides for the manner of service, the return of service and the timeliness of the service.
Source The provisions of this Rule 2958.2 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended October 15, 2004, effective immediately, 34 Pa.B. 5890. Immediately preceding text appears at serial page (260388).
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