Section 420. Determination of Property Claims and Disputes

A. The magisterial district judge from whose office the order of execution issued shall hear and determine the following matters:

(1) An appeal made in accordance with Rule 408C from an appraisal, designation or setting aside of property by the officer executing the order.

(2) Any objection by the defendant to the levy on the ground that it is illegal or excessive which was filed in accordance with Rule 413.

(3) Claims of third parties to the property levied upon which were filed in accordance with Rule 413.

(4) Exceptions to the proposed distribution filed in accordance with Rule 416C.

B. In acting under subdivision A of this rule, the magisterial district judge may:

(1) Reappraise or redesignate property appraised or designated by the executing officer, or order inclusion in the levy of property set aside by that officer.

(2) Order the abandonment of the levy in whole or part, or release property from the levy.

(3) Stay or prohibit a sale of all or part of the property levied upon.

(4) Order that property levied upon be released to a third party who has a valid claim thereto.

(5) Stay the distribution, or order a distribution different than that proposed by the executing officer.

C. The magisterial district judge from whose office the order of execution issued may, upon written request of any party in interest made before delivery of property sold pursuant to the order and upon proper cause shown, set aside the sale of that property and order a resale or enter any other order which may be just and proper under the circumstances.

Official Note

Subdivision A of this rule sets forth the various disputes concerning the execution that, along with property claims, may be brought before the magisterial district judge. Subdivision B sets forth the relief that the magisterial district judge may grant in connection with these disputes. The provisions of this rule can be compared with the Pennsylvania Rules of Civil Procedure as follows:

A(1)—See Pa. R.C.P. No. 3123(d)

A(2)—See Pa. R.C.P. Nos. 3119(2) and 3121

A(3)—See Pa. R.C.P. Nos. 3121(a) and 3202

A(4)—See Pa.R.C.P. No. 3136(f)

B(1)—See Pa. R.C.P. No. 3123(d)

B(2)—See Pa. R.C.P. Nos. 3119(2) and 3121

B(3)—See Pa. R.C.P. No. 3121

B(4)—See Pa. R.C.P. Nos. 3201-3213

B(5)—See Pa. R.C.P. Nos. 3136 and 3213

This rule does not provide for a preliminary determination by the executing officer as to the merits of a property claim by a third party (see Pa. R.C.P. Nos. 3206, 3207), for it was considered that the magisterial district judge should be readily available for this purpose and that it would not be desirable to allow constables to make any such determination. Also, it was thought to be permissible to require the magisterial district judge to make the determinations and to take the actions mentioned in this rule as an exercise of power ancillary to the magisterial district judges general power to order execution of the judgment. Subdivision C of the rule is based on Pa. R.C.P. No. 3132.

The provisions of this Rule 420 amended April 22, 2004, effective July 1, 2004, 34 Pa.B. 2465. Immediately preceeding text appears at serial pages (256522) and (300293).