THE COURTS

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 3000  ]

Order Amending Rule 3136 of the Rules of Civil Procedure; No. 623 Civil Procedural Rules Doc.

[45 Pa.B. 2825]
[Saturday, June 13, 2015]

Order

Per Curiam

 And Now, this 29th day of May, 2015, upon the recommendation of the Civil Procedural Rules Committee; the proposal having been published for public comment at 44 Pa.B. 4996 (July 26, 2014):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 3136 of the Pennsylvania Rules of Civil Procedure is amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective July 1, 2015.

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. 15-1100. Filed for public inspection June 12, 2015, 9:00 a.m.]

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