231 Pa. Code Rule 3118. Supplementary relief in aid of execution.

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).

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