Section 3139. Sheriff’s return

(a) The sheriff shall make a return

(1) upon the completion or abandonment of the execution proceedings or if no sale is effected for want of buyers; or

(2) upon the expiration of the period allowed for service or levy, if service upon a garnishee or levy has not been made and the writ has not been reissued.

(b) The sheriff shall make an immediate return of service upon serving a garnishee, but may retain the writ for further proceedings.

Official Note

If service or levy has been made within the 90 day period allowed by Rule 3106(d), the writ remains valid for all subsequent proceedings thereafter without further reissuance.

(c) The return of the sheriff shall be made to the prothonotary of the county in which the writ issued and shall include any schedule of distribution required under these rules.

(d) If real property is sold by the sheriff under a writ of execution from another county, a copy of the sheriff’s return shall also be filed by the sheriff with the prothonotary of the county in which the real property is located.

The provisions of this Rule 3139 amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (213421).