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Civil Division

 

About

The Civil Division is responsible for processing all the civil processes including Real Estate, Personal Property, Garnishment, Complaint, Summons, Subpoena, Possession, Mortgage Foreclosure, Sheriff Sale, and etc.…

 

Contact

 Office Manager:

 
            Stephanie Boyce

 Phone:  (570) 724-3491
 Email:

 sboyce@tiogacountypa.us

                       

 

Type of Service

Advanced Fee

Writ of Execution (Real Estate)

$2,000.00

Writ of Execution (Personal Property, Garnishment)

$500.00

Civil Services (Complaints, Notice, Summons, etc.…)

$200.00

 

 

Service

The following deposit fees and documents are required for service:

All services require a letter of instruction for who, where, and manner of service.

*Services requiring deputized service for another county in PA, plaintiff must contact the Sheriff’s Office in that jurisdiction for their required deposit fee. You are to forward the deposit fees and documents to our office for processing. No service form is required, a cover letter is sufficient. Any further questions, please contact our office.

*This office does not deputize out of state.

* For all services this office requires 14 days before the expiration date to serve the papers otherwise, if given less than 14 days we cannot guarantee that adequate attempts will be made for service.

 

$200.00 Deposit Fee for Complaints, Summons, Ejectments, Orders, Writ of Possession, Notice of Intent to Attach Wages, etc...

 

Documents required for a Writ of Execution/Personal Property (with or without Garnishee):

  1. $500.00 Deposit fee
  2. Writ for Sheriff
  3. Writ for each defendant
  4. Writ for each Garnishee
  5. Interrogatories for each defendant & garnishee 

 

Documents Required for a Writ of Execution/Real Estate & Mortgage Foreclosure:

  1. $2,000.00 Deposit
  2. Writ for Sheriff
  3. Writ for each defendant
  4. P.R.C.P. Rule Notice of Sale 3129.2 for Sheriff
  5. P.R.C.P. Rule Notice of Sale 3129.2 for each defendant
  6. P.R.C.P Rule Affidavit 3129.1
  7. Hard Copy or Electronic version of legal description e-mailed to   sboyce@tiogacountypa.us
  8. Short Legal Descriptions for Advertising
  9. ATTENTION ATTORNEYS: Legal Description MUST INCLUDE tax parcel number(s) and docket number
  10. Instruction forms listing service address(s) for each Defendant and the property to be posted. Also list the date the property is to be sold. (Dates of Sheriff Sales)
  11. Service of Lienholders be made by the Plaintiff and that proof of service of Lienholders be filed prior to the sale

 

Post Sale Requirements

  1. A successful third party bidder is required to pay a 10% deposit of purchase price and 2% poundage of the first $250,000.00 and ½% on any amount over.
  2. The deposit must be paid to the Sheriff immediately after the conclusion of Sheriff’s sales by the successful bidders on each property. Deposit can be paid with cash, certified check or money order made payable to the Sheriff of Tioga County.
  3. The balance of the purchase price and poundage must be paid within ten (10) days of the sale without any further demand. In default, thereof, the property may be sold again at the risk of the defaulting bidder and in case any deficiency on such resale the defaulting bidder shall make good the same to any persons injured.
  4. The deposit paid by any bidder who fails to comply with the above conditions shall be forfeited. Bidders are responsible to research the title to the property being sold prior to sale.
  5. Deeding Assignment- The successful bidder must provide the name and address of the party to whom the property is to be conveyed to.
  6. (2) Reality Transfer of Value (completed and signed) attached with a copy of the Mortgage and 1 self-addressed stamped envelope for return of a copy and original deed.

(Reality Transfer Tax Statement of Value located on website) 

 

Sheriff Sales (Real Estate)

Properties sold for mortgage foreclosures and judgments are processed through the Sheriff's Office. Sheriff's sales are held on the second Wednesday of each month at 2:00pm in the Sheriff's Office. The Sheriff's sale is an auction of the mortgaged premises pursuant to a judgment and Writ of Execution. Execution is commenced by the plaintiff (usually the mortgage holder) in a civil action by filing a Praecipe for Writ of Execution with the Prothonotary. The Prothonotary issued the Writ, which is delivered to the Sheriff.

It is recommended that the plaintiff provide written directions to the Sheriff concerning the execution. Service is made by the Sheriff within 90 days. Each individual Writ and sale is scheduled for a specific date and time.

 

Upcoming Sheriff Sales

 

 

 Sheriff Sales

 

Forms

 Realty Transfer Tax                 2018 Sheriff Sale Date & Cut Off Dates
2019 Sheriff Sale Date & Cut Off Dates

 

Sheriff Sale FAQ

Q: Do Sheriff Sales differ from Tax Sales or Judicial Sales?

A: Yes, there are significant differences. For information regarding tax sales or judicial sales, contact the Tioga County Tax Claim Bureau (570) 724 – 9219. 

Q: How do I buy a property at Sheriff Sale?

A: You need to attend the sale on the scheduled date and time. No registration is required. This is a public auction you will have to bid on properties and must be present at the time of bidding. 

Q: What is the "upset price"?

A: This is the predetermined amount a Plaintiff is willing to bid in order to obtain a particular property. It may be more or less than the judgment amount. 

Q: How soon after the purchase of a property will the deed be recorded?

A: Deeds are recorded approximately sixty (60) days after the sale. 

Q: Will the filing of bankruptcy stop a Sheriff sale?

A: The filing of a bankruptcy by a defendant will automatically stay the Sheriff sale. The stay continues until the plaintiff obtains an order of Court discharging the property from the custody of the Bankruptcy Court or until the Bankruptcy Court issues an Order releasing the property from the sale. In this situation, a continuance of the Sheriff sale by oral public announcement at the time and place of the sale does not violate the automatic stay provisions of the Bankruptcy Code. Rule 3129.3(b) of the Pennsylvania Rules of Civil Procedure states that a sale can be continued no more than twice to a date certain within 130 days of original sale date without a new notice. 

Q: What stops a Sheriff Sale?

A: The sale can be stopped by (1) the writ being stayed; (2) a court order; (3) bankruptcy being filed. (4) Debtor makes payment or comes to an agreement with mortgage holder. 

Q: Can a sale be postponed?

A: Yes, sales can be postponed twice within 130 days from the ORIGINAL sale date.

The sheriff makes a public announcement of the adjournment on the day of the sale to those bidders present; therefore, no new notice or advertisement is required. 

Q: How often are Sheriff sales advertised?

A: Each Sheriff sale is advertised in the Wellsboro Gazette once a week for three consecutive weeks prior to the sale. Sheriff sale handbills are posted on the property and in the Sheriff's Office at least 30 days prior to the sale date. 

Q: Can I have access to the property to conduct an inspection?

A: No. The Sheriff's Office does not have physical access to the property. The property is still owned by the property owner prior to the sale. Any unauthorized access to the property could result in trespassing charges if the plaintiff desires to press charges. 

Q: Is there a warranty on the property?

A: No. All properties are sold "as is" and the Sheriff is not responsible for a clear title. It is recommended that a potential buyer search the property's records in the Recorder of Deeds Office, Prothonotary's Office, and Tax Claim Bureau OR obtain professional assistance in researching the title to the property and status on liens. 

Q: Will the deed be clear of all liens and mortgages?

A: The Sheriff’s Office does not guarantee that properties are free and clear. It is solely the potential buyer’s responsibility to do any and all research regarding liens and mortgages on the property. 

Q: How much must I put down if I am the highest bidder at a Sheriff's sale?

A: You must immediately pay 10% of your bid. The rest of your bid is due within 10 calendar days. We accept cash, certified check or money order. Pre-approval letters from a bank will not be accepted. 

Q: What happens if I cannot pay the remainder of my bid within 10 days of the sale?

A: Your initial 10% is subject to forfeiture and you lose rights to purchase the property. In most cases, the property will be relisted for sale. 

Q: If I purchase a property at Sheriff's sale, do I have to worry about satisfying any liens on the property?

A: Generally, no. Delinquent real estate taxes and municipal liens are paid from the proceeds of the sale unless they were not filed as a lien on the property. The realty transfer tax and current year taxes (if not paid by the property owner) as well as a 2% county poundage are added on top of the purchase price and are the responsibility of the purchaser. Interested bidders may want to check the Rule 3129.1 affidavit filed with the Prothonotary's Office by the plaintiff. This document purportedly lists all of the judgment creditors whose judgments are liens of record on the property to be sold. 

Q: When will I receive the keys?

A: The Sheriff’s Office does not have access to keys for the property to be sold before or after the Sheriff Sale. 

Q: In addition to the bid price, you can also expect to pay the following;

Poundage: A sheriff is entitled to receive a commission based on the total amount bid for the property. The act presently sets the commission at two percent (2%) of the first $250,000.00 and one-half percent (0.5%) of the remaining amount.

Realty Transfer Tax: 1% PA TAX and 1% LOCAL TAX

This amount is based on the total assessed value multiplied by the common level ratio which is established by the Pennsylvania Department of Revenue. 

 

Conditions of Sale

The Subscriber, Frank Levindoski, Sheriff of the County of Tioga, offers to sell this __ day of ____, 20__ by public sale or auction and by virtue of certain writs of execution issued out of the Court of Commons Pleas of Tioga County, and to him upon the terms and conditions as follows:

1. The highest bidder shall be the purchaser. Immediately upon purchase, the purchaser shall pay the down payment, which is equal to at least 10% of the winning bid price. Purchaser shall also sign an agreement to pay any remainder of the purchase price within ten (10) calendar days.

2. Failure to pay the necessary down payment or sign the conditions of sale will result in the property being immediately put up again for sale.

3. All payments must be made in the form of a money order, certified check or cash.

4. Upon failure to comply with the conditions of sale, the down payment shall be forfeited by the purchaser and shall be applied to pay the costs of sale.

5. Except for creditors subsequently bidding the opening bid and the upset price, all other bidding after the opening bid shall be in amounts evenly divisible by $1,000.00 and in increments of at least $1,000.00.

6. Any Attorney on the Writ may register their bid with the Sheriff. Third party bidders are not permitted to register their bid with the Sheriff.

7. If the Sheriff’s grantee is to be anyone other than the purchaser, a written assignment must be filed with the Sheriff.

8. All properties are sold as is.