Rule 1077. Disposition of Seized Property. Sheriff’s Return.
(a) When a writ of seizure is issued, the sheriff shall leave the property during the time allowed for the filing of a counterbond in the possession of the defendant or of any other person found in possession of the property if the plaintiff so authorizes the sheriff in writing.
(b) Property taken into possession by the sheriff shall be held by the sheriff until the expiration of the time for filing a counterbond. If the property is not ordered to be impounded and if no counterbond is filed, and if no proceedings are pending and undecided under Rule 1075.1(g) or Rule 1075.2(c), the sheriff shall deliver the property to the plaintiff.
(c) If the property is not ordered to be impounded and the person in possession at the time the sheriff executed the writ of seizure files a counterbond, the property shall be delivered to that person. If that person does not file a counterbond, the property shall be delivered to the party first filing a counterbond.
(d) When perishable property is seized the court may make such order relating to its sale or disposition as shall be proper.
(e) The return of the sheriff to the writ of seizure shall state the disposition made by the sheriff of the property and the name and address of any person found in possession of the property.
Source The provisions of this Rule 1077 adopted June 25, 1946, effective January 1, 1947; amended July 23, 1975, effective October 1, 1975, 5 Pa.B. 1824; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (212324).
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