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

231 Pa. Code Rule 3206. Sheriff’s determination in favor of claimant; objections; amount of bond; delivery of property; interpleader.

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, the sheriff shall file in the prothonotary’s office the claim, 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 claimaints of the property.
(b)  Any execution creditor or defendant may, within ten days after the date of mailing of the copy of the determination and valuation, file with the prothonotary, and with the sheriff an objection to the determination substantially in the form provided by Rule 3260. The sheriff shall send by ordinary mail a copy of the objection to all other parties. Upon the filing of the objection an interpleader shall be at issue in which the claimant shall be the plaintiff and all other parties in interest shall be defendants. The only pleading shall be the claim, all averments of which shall be deemed to be denied.
(c)  If no objection is filed the levy on the claimed property shall be deemed abandoned.
(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 hours notice to the claimant of the abandonment of the levy and the intention to return the property to a person other than the claimant.
(e)  If an execution creditor or a defendant files an objection, the claimed property shall remain subject to the levy unless the claimant within ten days from the filing of the objection files a bond as provided in Rules 3207(d) and 3208, in which event the sheriff shall withdraw all levies on the claimed property and deliver the same as provided in Rule 3207(d).

Source

   The provisions of this Rule 3206 adopted August 30, 1965, effective March 1, 1966; amended April 8, 1997, effective July 1, 1997, 27 Pa.B. 2045; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (243939) to (243940).

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