Section 3112. Service of the writ upon garnishee; real property of defendant in name of third party

(a) The sheriff shall execute the writ against real property of the defendant, title to which is recorded in the name of a third party, by serving the third party as garnishee and noting upon the writ a description of the real property and a statement that the sheriff has levied upon defendant’s interest therein.

(b) The plaintiff shall have the right of service upon the garnishee

(1) in any other county by having the sheriff of the county in which the writ is issued deputize the sheriff of the other county where service may be had, or

(2) outside the state by having any competent adult serve the garnishee personally and file an affidavit thereof in the action.

(c) A garnishee who cannot be served as provided in Rules 3111(a) or 3112(b) shall be served by (1) posting a copy of the writ on a public part of the property and (2) handing a copy of the writ to the person in actual possession of the property or, if no one is in actual possession, by sending the garnishee a copy of the writ together with an inventory of the property attached, by registered mail directed to the garnishee’s 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 special order shall direct.

Official Note

Registered mail includes certified mail. See Definition Rule 76.

The remedies available under the Pennsylvania Uniform Fraudulent Transfer Act, 12 Pa.C.S. § 5107, are not suspended by these rules.

The provisions of this Rule 3112 amended through June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243906).