630 Proposed amendment of rule 3129.2 governing advertising of Sheriff's sale; proposed recommendation no. 245

Title 231—RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 3000 ]

Proposed Amendment of Rule 3129.2 Governing Advertising of Sheriff's Sales; Proposed Recommendation No. 245

[40 Pa.B. 1892]
[Saturday, April 10, 2010]

 The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 3129.2 governing advertising of sheriff's sales be amended as set forth herein. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court of Pennsylvania. All communications in reference to the proposed recommendation should be sent no later than May 28, 2010, to:

Karla M. Shultz
Counsel
Civil Procedural Rules Committee
601 Commonwealth Avenue
Suite 6200
P. O. Box 62635
Harrisburg PA 17106-2635

fax [phone]
[e-mail]

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.

*  *  *  *  *

 (d) Notice containing the information required by subdivision (b) shall also be given by publication by the plaintiff on the writ of execution or by the sheriff at the request of the plaintiff on the writ of execution 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 may be required.

*  *  *  *  *

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.

 Subdivision (d) is also being amended to allow the notice of sheriff's sale to be given by publication by the plaintiff on the writ of execution or by the sheriff at the request of the plaintiff on the writ of execution.

By the Civil Procedural Rules Committee

STEWART L. KURTZ, 
Chair

[Pa.B. Doc. No. 10-630. Filed for public inspection April 9, 2010, 9:00 a.m.]