231 Pa. Code § 3129.1

Current through Register Vol. 54, No. 19, May 11, 2024

Rule 3129.1 - Sale of Real Property. Notice. Affidavit

(a) No sale of real property upon a writ of execution shall be held until the plaintiff has filed with the sheriff the affidavit required by subdivision (b) and the notice required by Rule 3129.2 has been served.

(b) The affidavit shall set forth to the best of the affiant's knowledge or information and belief as of the date the praecipe for the writ of execution was filed the name and address or whereabouts of

(1) the owner or reputed owner of the real property and of the defendant in the judgment; and

(2) every other person who has any record lien on that property; and

(3) every other person who has any record interest in that property which may be affected by the sale; and

(4) every other person who has any interest in that property not of record which may be affected by the sale and of which the plaintiff has knowledge. If the name and address or whereabouts of the persons in subparagraphs (1) through (4) cannot be reasonably ascertained, the affidavit shall so state.

(c) The affidavit required by subdivision (b) shall be substantially in the following form:

(Caption)

AFFIDAVIT PURSUANT TO RULE 3129.1

____________ , plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at _________________________ :

(Describe the real property to be sold or attach a description as an exhibit)

1. Name and address of owner(s) or reputed owner(s):

Name	Address (if address cannot be reasonably ascertained, please so indicate)
______________________________________	______________________________________
______________________________________	______________________________________
______________________________________	______________________________________

2. Name and address of defendant(s) in the judgment:

Name	Address (if address cannot be reasonably ascertained, please so indicate)
______________________________________	______________________________________
______________________________________	______________________________________
______________________________________	______________________________________

3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold:

Name	Address (if address cannot be reasonably ascertained, please so indicate)
______________________________________	______________________________________
______________________________________	______________________________________
______________________________________	______________________________________

4. Name and address of the last recorded holder of every mortgage of record:

Name	Address (if address cannot be reasonably ascertained, please so indicate)
______________________________________	______________________________________
______________________________________	______________________________________
______________________________________	______________________________________

5. Name and address of every other person who has any record lien on their property:

Name	Address (if address cannot be reasonably ascertained, please so indicate)
______________________________________	______________________________________
______________________________________	______________________________________
______________________________________	______________________________________

6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale:

Name	Address (if address cannot be reasonably ascertained, please so indicate)
______________________________________	______________________________________
______________________________________	______________________________________
______________________________________	______________________________________

7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale:

Name	Address (if address cannot be reasonably ascertained, please so indicate)
______________________________________	______________________________________
______________________________________	______________________________________
______________________________________	______________________________________

(Attach separate sheet if more space is needed)

I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

______________________________________	______________________________________
Date	Plaintiff

231 Pa. Code § 3129.1