Section 405. Service of Order of Execution

A. Service of the order of execution shall be made by the sheriff of, or any certified constable in, the county in which the office of the magisterial district judge is situated by levy within 60 days of the issuance or reissuance of the order. If this service is not available to the magisterial district judge, service may be made by any certified constable of the Commonwealth.

B. At the time of the levy, the officer executing the order of execution shall give the defendant a copy of the order or leave it at the place of levy, but if the place of levy is not the defendant’s residence or usual place of business and the defendant has not been given a copy of the order the copy shall be mailed to the last known address of the defendant. If the levy is made upon property of the defendant in the possession of another person, a copy of the order shall similarly be made available to that person as well as to the defendant.

Official Note

The 60 day limitation in subdivision A was considered to allow the executing officer sufficient time in which to make the levy. The executing officer may make as many levies as necessary within the 60 day limitation under an order of execution.

The provisions of the Rule 405 amended through April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended July 16, 2001, effective August 1, 2001, 31 Pa.B. 4055. Immediately preceding text appears at serial page (272488).