Rule Text
(a) Written notice substantially in the form prescribed by Rule 2965 shall be served upon the defendant at least thirty days prior to the sheriff’s sale if the property to be levied upon consists solely of
(1) real property, or
(2) real property and personal property to be sold with the real property pursuant to Section 9604(a) of the Uniform Commercial Code.
(b) The notice shall be served with the written notice of sale of real property and shall be governed by the provisions of Rule 3129.2(c).
Amendment history: The provisions of this Rule 2958.2 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended October 15, 2004, effective immediately, 34 Pa.B. 5890. Immediately preceding text appears at serial page (260388).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If your home or land is being sold by the sheriff to pay a debt, you must receive written notice at least 30 days before the sale. This same rule applies if your real property is being sold along with personal property under a related law called the Uniform Commercial Code.
The notice has a specific format set by another rule (Rule 2965), and it gets delivered to you at the same time as the notice of the sale itself. The rules about how that notice is delivered follow the guidelines in Rule 3129.2(c).
Committee Notes
Section 9604(a) of the Uniform Commercial Code, 13 Pa.C.S. § 9604(a) relates to the rights of a secured party when the agreement covers real and personal property.
The notice required by this rule must be served only when the plaintiff has not proceeded under Rule 2958.1 requiring at least thirty days notice prior to the filing of the praecipe for writ of execution.
Rule 2957(b) governing the praecipe for the writ of execution requires a certification that notice has been given as provided by this rule.
Rule 2959(a)(3) requires a petition for relief from a confessed judgment to be filed within thirty days after service of notice pursuant to this rule.
Rule 3129.2(c) governing notice of the sale of real property provides for the manner of service, the return of service and the timeliness of the service.
