(a) Except as provided
by subdivision (b) or special order of court, new notice shall be given as
provided by Rule
3129.2 if a sale of real property
is stayed, continued, postponed or adjourned.
(b)
(1) If
the sale is stayed, continued, postponed or adjourned to a date certain within
one hundred thirty days of the scheduled sale, notice of which sale was given
as provided by Rule
3129.2, and public announcement
thereof, including the new date, is made to the bidders assembled at the time
and place fixed for the sale, no new notice as provided by Rule
3129.2 shall be required, but
there may be only two such stays, continuances, postponements or adjournments
within the one hundred thirty day period without new notice.
(2)
(i)
When the sale is stayed, continued, postponed or adjourned as provided by
subdivision (b)(1), the plaintiff shall file
(A) a notice of the date of continued
sheriff's sale with the prothonotary at least fifteen days before the continued
sale date, and
(B) a certificate of
filing with the sheriff confirming the filing of the notice of the date of
continued sheriff's sale with the prothonotary.
The sheriff shall continue the sale to the next available
sale date if the notice of the date of continued sheriff's sale has not been
timely filed. This continuance imposes a new obligation on the plaintiff to
meet the requirements described in (b)(2)(i)(A) and (B).
(ii) Non-compliance with this
subdivision is not a basis for setting aside the sheriff's sale unless raised
prior to the delivery of the sheriff's deed. The sale shall be set aside only
upon a showing of prejudice.
(3)
(i) The
notice required by subdivision (b)(2) shall be substantially in the following
form:
(Caption)
Notice of the Date of Continued Sheriff's
Sale
The Sheriff's Sale scheduled for _________ , _ at __ : __
__ M. in the above-captioned matter has been continued until _________ , _ at :
__ __ M.
Date: _________
|
By: _________
|
(Attorney for Plaintiff)
|
_________
|
(Address)
|
_________
|
(Phone)
|
(ii) The certificate of filing required by
subdivision (b)(2) shall be in substantially the following form:
(Caption)
Certificate of Filing
On this date, I filed with the Prothonotary. _______ County
a copy of the Notice of the Date of Continued Sheriff's Sale in the
above-captioned matter.
Date: _________
|
By: _________
|
(Attorney for Plaintiff)
|
_________
|
(Address)
|
_________
|
(Phone)
|
(c) If the plaintiff or a representative of
the plaintiff is not present at the sale, the real property shall not be sold.
The sheriff shall return the writ of execution to the prothonotary and file a
return pursuant to Rule 3139 indicating that the real property was not sold
because the plaintiff or a representative of the plaintiff was not present at
the sale. Thereafter, the writ may be reissued pursuant to Rule 3106.