Section 412. Notice of Sale

(A)(1) The executing officer shall give notice of the sale of personal property at least six days prior to the sale.

(2) The executing officer shall give notice of the sale in the following manner:

(a) By handbill posted in the magisterial district court from which the order of execution issued and, if different from the court from which the order issued, in the magisterial district court in the magisterial district in which the place of the sale is located.

(b) By handbill posted at the place of sale and, if different from the place of sale, at the place of levy.

(c) By mailing a copy of the handbill to the plaintiff and to the defendant at his or her last known address.

(B) The notice of sale shall include a notice that all claims to the property must be filed before sale in the magisterial district court from which the order of execution issued and that all claims to the proceeds must be filed in that court before distribution; that a proposed schedule of distribution will be filed in that court on a date specified not later than five days after the sale; and that distribution will be made in accordance with the proposed schedule unless exceptions are filed in that court within ten days thereafter. No further notice of the filing of the schedule of distribution need be given.

(C) If a new date for sale is set, new notice shall be given as prescribed in paragraphs (A) and (B) of this rule.

Official Note

Compare Pa.R.C.P. No. 3128. See Section 8151 of the Judicial Code, 42 Pa.C.S. § 8151, as to giving notice to the Department of Revenue.

The provisions of this Rule 412 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875; amended June 9, 2008, effective January 1, 2009. Immediately preceding text appears at serial page (309546).