- Praecipe for Writ of Execution, in accordance with P.R.C.P. Rule 3256 to be filed with the Prothonotary.
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- Writ of Execution Mortgage Foreclosure, P.C.R.P. Rule 3257
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The Original Writ will be forwarded to the Sheriff, plus three (3) copies for each defendant along with three (3) copies for each tenant. |
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The Writ must include or have attached: |
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a. Description of the real property being sold. |
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b. A accurate physical address of the real property (NO P.O. BOXES). |
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c. Real property Tax Parcel Number. |
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d. Listing of improvements. |
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- Affidavit Pursuant to P.R.C.P. Rule 3129.1 (2 copies for Sheriff)
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Listing: |
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- The owners, reputed owners
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- Recorded Lien Holders
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- Other persons who have recorded Interests in the property that will be affected by the sale.
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- Every other person who has any interest in that property not of record, which may be affected by the sale of which the Plaintiff has knowledge, i.e. Domestic Relations.
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- Notice of Defendants Rights
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(Two (2) copies for Sheriff along with three (3) copies for each defendant). |
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- Notice of Sheriff’s Sale, in accordance with P.R.C.P. Rule 3129.2c
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(Two copies for Sheriff along with one copy for each person in affidavit 3129.1 of which you are requesting the Sheriff to make service). |
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Note: |
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a. Date and time of Sale will be left blank and filled in by the Montour County Sheriff’s office upon scheduling of Sale at which time one (1) copy will be forwarded to the Plaintiff’s Attorney. |
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b. Location of the Sale should be listed as Montour County Courthouse, 29 Mill St., Danville, Montour County, PA |
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c. A specified date will be entered by the Montour County Sheriff’s Office on when the proposed schedule of distribution will be filed. |
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- Affidavit of Non-Military Service
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(Two copies for the Sheriff) |
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- Deposit of $2,000.00 (Effective 1 January 2004) made payable to Montour County Sheriff’s Account.
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- Once the Writ of Execution is filed, Poundage will be calculated on the amount paid at Sheriff’s Sale for the Real Property or amount paid or to be paid to Plaintiff to satisfy or discontinue action. (This will require a letter to the Montour County Sheriff’s Office from the Plaintiff’s Attorney advising of the amount paid or to be paid at a later date to satisfy or discontinue this writ). Reference: Senate Bill 1231 of 1984, York Federal Savings and Loan Association Vs. William Anderson, et al. 630A.2d 59 (1993).
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- Any special service instruction shall be in letter format. Montour County Sheriff’s Office does not provide an investigative service as to the whereabouts of the defendants or other parties. (Addresses provided by you will be the addresses where service is attempted, so please insure that they are accurate)! If for some reason the parties to be served can not be located by Montour County Sheriff’s Office, we will advise you of such and await additional information.
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Note: |
- Sheriff’s Sales in Montour County are scheduled on a case by case, as needed basis.
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- Any arrearages due in Montour County Domestic Relations cases will be recorded as priority liens and be collected from the highest bidder. Domestic Relations Arrearages will be recorded as priority liens and collected as part of the Sheriff’s Sale Costs.
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Reference: Act 58-1997 dtd 16 Dec. 97, 23 Pa Consolidated Statutes # 4352 |
- Realty transfer tax (for purchaser other than the Mortgagee) will be based on the fair market value of the real property. Ref: State Realty Transfer Tax Law, Act 77 of 1986.
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- If the Plaintiff on the foreclosure action is not the recorded Mortgagee with Register and Recorder of Montour County, realty transfer taxes will be collected. Realty transfer taxes will be taken out of the bid money, not in addition to bid money. (Be sure assignments are recorded with the Register and Recorder prior to Sheriff’s Sale)! Ref: 72P.S 8104-C Sciandro v. Harner, 11D&C 2D 294 (1957).
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- Upon the conclusion of the Sheriff’s Sale the purchaser will be asked who the property was bought for, i.e. Plaintiff. After Montour County Sheriff’s Office receives the name of purchaser the Sheriff’s Deed will be made to that recorded purchaser. If the Purchaser is not the same as the Plaintiff realty transfer taxes will be taken out and paid from the bid money paid.
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