1555 Proposed amendment of Rule 3136 governing distribution of proceeds of sheriff's sales; proposed recommendation no. 260

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 3000 ]

Proposed Amendment of Rule 3136 Governing Distribution of Proceeds of Sheriff's Sales; Proposed Recommendation No. 260

[44 Pa.B. 4996]
[Saturday, July 26, 2014]

 The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 3136 governing distribution of proceeds of sheriff's sales be amended as set forth herein. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court of Pennsylvania.

 All communications in reference to the proposed recommendation should be sent no later than September 26, 2014 to:

Karla M. Shultz
Counsel
Civil Procedural Rules Committee
601 Commonwealth Avenue, Suite 6200
P. O. Box 62635
Harrisburg PA 17106-2635
FAX [phone]
[e-mail]

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 3000. JUDGMENTS

Subchapter D. ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY

Rule 3136. Distribution of proceeds.

 (a) Not later than thirty days after the sale of real property and not later than five days after the sale of personal property, the sheriff shall prepare a schedule of proposed distribution of the proceeds of sale which shall be [kept on file and shall be available for inspection in the sheriff's office] filed in the prothonotary's office. No schedule of distribution or list of liens need be filed when the property is sold to the plaintiff for costs only.

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Explanatory Comment

 Current Rule 3136 provides for the sheriff to prepare a schedule of proposed distribution of proceeds (schedule) no later than thirty days after a sale of real property or five days after the sale of personal property. The sheriff is required to keep the schedule on file so that it is available for inspection in the sheriff's office. The parties in interest (parties) then have ten days to file exceptions to the schedule. The rule, however, does not require the sheriff to serve or notify the parties that a schedule has been prepared. As a result, the parties must monitor the sheriff's office on a daily basis to acquire the schedule in order to have the full ten days with which to prepare and file the exceptions. Instead of keeping the schedule on file in the sheriff's office, the proposed amendment would require the sheriff to file the schedule with the prothonotary and is intended to give the practitioner the ability to consult the docket, which in some counties can be done electronically.

By the Civil Procedural
Rules Committee

PETER J. HOFFMAN, 
Chair

[Pa.B. Doc. No. 14-1555. Filed for public inspection July 25, 2014, 9:00 a.m.]