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PA Bulletin, Doc. No. 05-2118

THE COURTS

PART I. GENERAL

[231 PA. CODE CH. 3000]

Amendment of Rule 3135 Governing Sheriff's Deed to Real Property and Correction of Deed; No. 443 Civil Procedural Rules; Doc. No. 5

[35 Pa.B. 6320]

Order

Per Curiam:

   And Now, this 2nd day of November, 2005, Rule of Civil Procedure 3135 is amended to read as follows.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective January 1, 2006.

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 3135.  Sheriff's deed to real property. Correction of deed.

   (a)  When real property is sold in execution and no petition to set aside the sale has been filed, the sheriff, at the expiration of [ten] twenty days after either the filing of the schedule of distribution or the execution sale if no schedule of distribution need be filed, shall execute and acknowledge before the prothonotary a deed to the property sold. The sheriff shall forthwith deliver the deed to the appropriate officers for recording and for registry if required. Confirmation of the sale by the court shall not be required.

   Official Note: See Rule 3136(a) governing the filing of the schedule of distribution.

   (b)  If the sheriff has made a defective return of the execution proceeding or has executed a defective deed, including the erroneous description of the real estate, the court upon petition of the purchaser or the purchaser's successors in title may correct the return or deed or order that a new return or deed be executed.

Explanatory Comment

   Prior to the present amendment, Rule 3135(a) governing execution sales provided in part that ''the sheriff, at the expiration of ten days after the filing of the schedule of distribution, shall execute and acknowledge before the prothonotary a deed to the property sold.'' There was a gap in the rule because Rule 3136(a) provides that a schedule of distribution need not be filed where the real property is sold to the plaintiff for costs only. The amended rule eliminates this gap. Where a schedule of distribution is not required, the sheriff must execute and acknowledge the deed within twenty days of the date of the sale.

   The rule has also been amended by increasing from ten to twenty days the time in which the sheriff must execute and acknowledge a deed in a sale as to which a schedule of distribution is required to be filed. The uniform twenty-day period is therefore applicable in all cases and eliminates potential confusion.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 05-2118. Filed for public inspection November 18, 2005, 9:00 a.m.]


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