(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.
Rule 3129.1.Sale of Real Property. Notice. Affidavit.
Adopted March 6, 1989 · Last amended March 6, 1989 · Last verified June 30, 2026
In one sentenceBefore real property can be sold at execution, the plaintiff must file an affidavit with the sheriff naming the owner, the defendant, and every record lienholder or interested person whose interest the sale may affect, and the notice required by the companion rule must be served.
Full Text of Rule 3129.1
(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 fol- lowing 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 ascer- tained, please so indicate) 3. Name and address of every judgment creditor whose judgment is a record lien on the real prop- erty to be sold: Name Address (if address cannot be reasonably ascer- tained, please so indicate) 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascer- tained, 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 ascer- tained, 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 ascer- tained, please so indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any inter- est in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascer- tained, 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
Plain-English Summary
Selling someone’s real estate at a sheriff’s sale demands careful notice, and that starts with knowing who has a stake in the property. This rule bars any real-property sale until the plaintiff files an affidavit and the notice under the next rule has been served.
The affidavit states, to the best of the plaintiff’s knowledge as of the date the writ was praeciped, the name and address of the owner, the defendant in the judgment, every person with a record lien, and everyone else with a record or known interest the sale could affect. If an address cannot be reasonably found, the affidavit must say so.
The rule supplies the form of the affidavit, which is verified subject to the penalties for unsworn falsification. The list it builds is what drives the written-notice requirement, so that lienholders and owners learn of the sale in time to protect themselves.
Frequently Asked Questions
What must the plaintiff file before a sheriff’s sale of real estate?
An affidavit with the sheriff listing the owner, the defendant, and every record lienholder or other interested person whose interest may be affected by the sale.
What if an address cannot be found?
The affidavit must state that the name and address or whereabouts could not be reasonably ascertained.
Amendment History
The provisions of this § 3129.1 adopted March 6, 1989, effective July 1, 1989, 19 Pa.B. 1282.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: 3129.1 affidavitaffidavit before sheriff salereal property sale affidavit