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.…
Type of Service
|Writ of Execution (Real Estate)||$2,000.00|
|Writ of Execution (Personal Property, Garnishment)||$500.00|
|Civil Services (Complaints, Notice, Summons, etc.…)||$200.00 |
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...
- $500.00 Deposit fee
- Writ for Sheriff
- Writ for each defendant
- Writ for each Garnishee
- Interrogatories for each defendant & garnishee
- $2,000.00 Deposit
- Writ for Sheriff
- Writ for each defendant
- P.R.C.P. Rule Notice of Sale 3129.2 for Sheriff
- P.R.C.P. Rule Notice of Sale 3129.2 for each defendant
- P.R.C.P Rule Affidavit 3129.1
- Hard Copy or Electronic version of legal description e-mailed to email@example.com
- Short Legal Descriptions for Advertising
- ATTENTION ATTORNEYS: Legal Description MUST INCLUDE tax parcel number(s) and docket number
- 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)
- Service of Lienholders be made by the Plaintiff and that proof of service of Lienholders be filed prior to the sale
- 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.
- 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.
- 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.
- 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.
- Deeding Assignment- The successful bidder must provide the name and address of the party to whom the property is to be conveyed to.
- (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.
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 10:00am in the Tioga County Courthouse. 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.
Sheriff Sale FAQ
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.
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.
A: Deeds are recorded approximately sixty (60) days after the 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A: The Sheriff’s Office does not have access to keys for the property to be sold before or after the Sheriff Sale.
A: 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.