Section 3110. Execution against contents of safe deposit box

(a) The sheriff shall levy upon property of the defendant in a safe deposit box by serving the depository or custodian of the box.

(b) Service of the writ shall enjoin the depository or custodian from opening or permitting the opening of the box except as directed by the court.

(c) The court, on petition of the plaintiff, shall grant a rule on the defendant, the depository or custodian, and any person who has the right to open the box, to show cause why the box should not be opened in the presence of the sheriff, by force if necessary, and the property of the defendant found therein delivered to the sheriff. If the defendant, the depository or custodian, or a person who has the right to open the box cannot be served personally with the petition and rule, that person shall be served by sending a copy of the petition and rule by registered mail directed to his or her last known address or, if no address is known and an affidavit to that effect is filed, by publication in such manner as the court by local rule or special order shall direct.

Official Note

‘‘Registered mail’’ includes certified mail. See Definition Rule No. 76.

(d) The court shall not order the opening of a box by force unless the plaintiff furnishes bond or security deemed sufficient by the court to indemnify the depository or custodian against loss caused by the opening of the box.

The provisions of this Rule 3110 adopted March 30, 1960, effective November 1, 1960; amended November 14, 1978, effective December 2, 1978, 8 Pa.B. 3410; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (243904) to (243905).