2182 Proposed amendment of Rule 3201 et seq. governing sheriff's interpleader; recommendation no. 139

[231 PA. CODE CH. 3000]

Proposed Amendment of Rule 3201 et seq. Governing Sheriff's Interpleader; Recommendation No. 139

[26 Pa.B. 6182]

   The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 3201 et seq. governing sheriff's interpleader be amended as set forth in this recommendation. The recommendation is being published to the bench and bar for comments and suggestions prior to its submission to the Supreme Court.

   All communications in reference to the proposed recommendation should be sent not later than January 25, 1997 to: Harold K. Don, Jr., Esquire, Counsel, Civil Procedural Rules Committee, 5035 Ritter Road, Suite 700, Mechanicsburg, PA 17055, or E-Mail to [e-mail].

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules nor will it be officially adopted or promulgated by the Court.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 3000.  JUDGMENTS

Subchapter E.  ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS

SHERIFF'S INTERPLEADER

Rule 3201.  Scope.

   These rules govern the procedure in sheriff's interpleader [under the Act of June 22, 1931, P. L. 883, 12 P. S. § 2358, et seq.,] when tangible personal property levied upon pursuant to a writ of execution is claimed to be the property of a person other than the defendant in the execution.

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Rule 3202.  Property claim.

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   (b)  The claim shall be signed by the claimant or some one on [his] the claimant's behalf, and shall set forth

   (1)  a list of the property claimed sufficient to identify it;

   (2)  an estimate of the value of the property;

   (3)  a statement of the source of the claimant's ownership of the property.

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Rule 3205.  Appraisal of property; appraisal fees.

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   (b)  A party requesting an appraisal shall advance the sheriff's appraisal fee. The sheriff shall then appraise the property and immediately give notice of the amount of [his] the appraisal by ordinary mail to all parties to whom the sheriff's notice was mailed. The sheriff or any party in interest may apply to the court for an order fixing a special appraisal fee where the appraisal of a large quantity of property or the services of experts shall be required.

   Official Note: The Sheriff's Fee [Bills] Act [remain] remains unaffected by these rules. See [Act of May 9, 1949, P. L. 927, as last amended June 14, 1961, P. L. 350, 16 P. S. § 11301, et seq.; Act of June 1, 1933, P. L. 1141, 16 P. S. § 7861, et seq.] Act of July 6, 1984, P. L. 614, No. 127, 42 P. S. § 21101 et seq.

Rule 3206.  Sheriff's determination in favor of claimant; objections; amount of bond; delivery of property; interpleader.

   (a)  If the sheriff determines that the claimant is prima facie the owner of the property in whole or in part, [he] the sheriff shall file in the prothonotary's office the claim, [his] the determination of ownership including the valuation of the property, and shall send by ordinary mail copies of the determination and valuation to the claimant, the plaintiff, the defendant, and all other execution creditors and claimants of the property.

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   (d)  Upon abandonment of the levy, the sheriff shall return the claimed property to the person from whom it was taken. If the claimed property was found in the possession of a person other than the claimant, the sheriff shall, before returning it, give forty-eight (48) hours notice to the claimant of the abandonment of the levy and [his] the intention to return the property to a person other than the claimant.

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Rule 3207.  Sheriff's determination against claimant; objection; amount of bond; delivery of property; interpleader.

   (a)  If the sheriff determines that the claimant is prima facie not the owner of the property in whole or in part, [he] the sheriff shall file in the prothonotary's office the claim, [his] the determination of ownership including the valuation of the property, and shall send by ordinary mail copies of the determination and valuation to the claimant, the plaintiff, the defendant, and all other execution creditors and claimants of the property.

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   (d)  If the claimant files [his] an objection with bond in a sum double the valuation of the property as determined by the sheriff or double the amount due under all writs of execution against the defendant on which the sheriff has levied, whichever is smaller, the sheriff unless otherwise ordered by the court shall withdraw all levies on the claimed property. Upon payment by the claimant of the sheriff's costs, if any, for keeping and transporting the property, the sheriff shall deliver it to the person from whom it was taken, provided that, if the property was taken from a person other than the claimant and the claimant desires possession thereof, the sheriff shall deliver it to the claimant if [he] the claimant elects to file a bond in double the valuation of the property.

   Official Note: As to possession in the case of two or more claimants, see Rule 3210.

   (e)  If the claimant files [his] an objection without bond the property shall remain subject to the levy and shall be sold in execution, unless otherwise ordered by the court. The proceeds shall be retained by the sheriff or paid into court until the determination of the interpleader.

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Rule 3208.  Bond; more than one execution.

   (a)  The bond shall name the Commonwealth of Pennsylvania as obligee, with security approved by the prothonotary, and shall be conditioned that claimant shall maintain [his] the claim to the property or pay its value to the persons entitled thereto with costs.

   (b)  The claimant may file [his own] a bond without security and without order of court as to household goods and furnishings levied on by the sheriff in the household of the claimant. The court may, upon petition of the claimant and after notice and hearing, permit the filing of the claimant's own bond without security as to any other property levied on by the sheriff.

   (c)  [If the] A claimant who files a bond in double the valuation of the property [he] shall not be required during the pendency of the interpleader proceedings to file another bond in any subsequent execution against the same property but the subsequent execution creditor shall be made a party to the pending interpleader proceedings.

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Rule 3213.  Judgment.

   The judgment in the interpleader proceedings shall

   (1)  determine the title to the claimed property as among the parties to the interpleader,

   (2)  provide for the disposition of the proceeds of sale thereof,

   (3)  fix the amount of

   (i)  special damages sustained by the claimant if [he] the claimant has sustained [his] the claim or [the amount of]

   (ii)  any liability of the claimant [if] to whom property has been delivered [to him] as to which [he] the claimant has not sustained [his] the claim and [shall]

   (4) include such counsel fees as may be awarded by the court as part of the costs.

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Rule 3215.  Effective date; pending actions.

   [These rules shall become effective on First day of March, 1966, and shall apply only to property claims filed on or after that date.] Rescinded.

ACTS OF ASSEMBLY NOT SUSPENDED

Rule 3231.  Acts of Assembly not suspended.

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   (33)  Rescinded.

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   (35)  Rescinded.

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Rule 3234.  Sheriff's interpleader proceedings.

   Rescinded.

   Official Note: The statutes formerly preserved by this rule have been repealed.

Rule 3241.  Acts of Assembly suspended.

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   (80)  Rescinded.

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Rule 3246.  Sheriff's interpleader proceedings.

   Rescinded.

   Official Note: The statutes formerly suspended by this rule have been repealed.

Explanatory Comment

   The Act of June 22, 1931, P. L. 883, 12 P. S. § 2358 et seq., when enacted formed the basis for both the substantive and procedural law governing sheriff's interpleader. The rules of civil procedure governing the same subject promulgated in 1965 suspended the procedural provisions of the statute but preserved certain other provisions. However, the Act of 1931 was repealed in its entirety in 1978 by Section 2(a) of the Judiciary Act Repealer Act (JARA), 42 Pa.C.S. § 20002(a)[1124].

Proposed Amendments

   The recommendation proposes the following amendments to the rules but these amendments do not affect practice and procedure:

   1.  Rule 3201 and the note to Rule 3205(b) are amended to delete references to the repealed Act of 1931 or other repealed statutes.

   2.  Rules 3202(b), 3205(b), 3206(a) and (d), 3207(a), (d) and (e), 3208 and 3213 are amended to be gender neutral.

   3.  Rule 3215 governing the effective date of the rules when originally promulgated in 1966 is rescinded as obsolete.

   4.  Rules 3231(33) and (35), 3234, 3241(80) and 3246 governing Acts of Assembly are rescinded as obsolete. The statutes preserved and suspended by these rules have been repealed.

Statutory Provisions

   The rules of civil procedure preserve the following four sections of the Act of 1931 which are now repealed and which can no longer be found as part of Purdon's Pennsylvania Statutes or the Pennsylvania Consolidated Statutes. However, the Committee believes that the present rules are sufficient in themselves and that there is no need to incorporate into the rules the substance of these statutory provisions:

   I.  Section 3 of the Act of 1931, preserved by Rule 3234(1):

§ 2360.  Bond to inure to benefit of plaintiff

   Such bond shall inure to the benefit of the plaintiff in the execution or process, or of any other person who may be adjudged to have the right or title to said goods or chattels, or any part thereof, and successive suits may be brought thereon to the use of such persons until the amount thereof is exhausted.

   II.  Sections 13 and 14 of the Act of 1931, preserved by Rule 3234(2) and (3), which provided in relevant part:

§ 2370.  When title found not to be in claimant; costs; when title found to be in claimant; damages

   If upon the trials of said issue the title to said goods and chattels be found not to be in the claimant, he shall pay all the costs of said proceeding, including the allowance of a fee to counsel for the plaintiff in the execution or process as shall be fixed by the court, and the proceeds of said goods and chattels, if in court, shall be paid to the party entitled thereto as thus ascertained. . . .

   If upon the trials of said issue the title to said goods and chattels be found in the claimant, a verdict and judgment may be entered against the plaintiffs in the executions or processes for the damages suffered by the claimant by reason of the levies or attachments on same, including the allowance of a counsel fee to be fixed by the court. . . .

§ 2371.  Costs to follow judgment

   In all issues framed under this act, all the costs of the proceeding shall follow the judgment and be paid by the losing party as in other cases.

   III.  Section 16 of the Act of 1931, preserved by Rule 3234(5):

§ 2373.  Rights of lien holder

   Nothing herein contained shall be construed to affect the rights of any lien holder other than the plaintiffs in each execution and process herein provided for.

   IV.  Section 19 of the Act, preserved by Rule 3234(7):

§ 2376.  Statements by sheriff

   Any statement by the sheriff, in any petition, rule, notice, or return of service, regarding the person or persons found in possession of the goods and chattels claimed, or any of them, shall not be conclusive against the claimant or any other person or party interested therein.

By the Civil Procedural Rules Committee

EDWIN L. KLETT,   
Chairperson

Table of Statutes Repealed and Rules Affected

Rule	Act	Citation	Repealer
3231(33)	Act of May 7, 1929, P. L. 1595	12 P. S. § 2342 et seq.	JARA § 2(a)[1110]
3231(35)	Act of June 22, 1931, P. L. 883	12 P. S. §§ 2358 to 2377, inclusive	JARA § 2(a)[1124]
3234(1)	§ 3 of the Act of June 22, 1931, P. L. 883	12 P. S. § 2360	JARA § 2(a)[1124]
3234(2)	§ 13 of the Act of June 22, 1931, P. L. 883	12 P. S. § 2370	JARA § 2(a)[1124]
3234(3)	§ 14 of the Act of June 22, 1931, P. L. 883	12 P. S. § 2371	JARA § 2(a)[1124]
3234(4)	§ 15 of the Act of June 22, 1931, P. L. 883	12 P. S. § 2372	JARA § 2(a)[1124]
3234(5)	§ 16 of the Act of June 22, 1931, P. L. 883	12 P. S. § 2373	JARA § 2(a)[1124]
3234(6)	§ 17 of the Act of June 22, 1931, P. L. 883	12 P. S. § 2374	JARA § 2(a)[1124]
3234(7)	§ 19 of the Act of June 22, 1931, P. L. 883	12 P. S. § 2376	JARA § 2(a)[1124]
3241(80)	§ 1 of the Act of April 11, 1899, P. L. 35	12 P. S. § 2637	JARA § 2(a)[835]
3246(1)	§ 1 of the Act of May 7, 1929, P. L. 1595	12 P. S. § 2342	JARA § 2(a)[1110]
3246(2)	§§ 1, 2, 4 to 13, and 18 of the Act of June 22, 1931, P. L. 883	12 P. S. §§ 2358, 2359, 2361 to 2370 and 2375	JARA § 2(a)[1124]
3246(2.1)	§ 10 of the Act of June 22, 1931, P. L. 883, 12 P. S. § 2367, as affected by the Appellate Court Jurisdiction Act of June 3, 1971, No. 6, Sec. 1, (Sec. 509(a))	17 P. S. § 211.509(a)(91)	JARA § 2(a)[1124]

[Pa.B. Doc. No. 96-2182. Filed for public inspection December 27, 1996, 9:00 a.m.]