246 Pa. Code r. 416 - Distribution of Proceeds. Priorities

A. Not later than five days after the sale of personal property the officer executing the order shall prepare a proposed schedule of distribution of the proceeds of sale which shall be kept on file in the office of the magisterial district judge from which the order issued and shall be available for inspection. No schedule of distribution need be filed when the property is sold to the plaintiff for costs only.

B. When a receipt of the plaintiff has been accepted on account of the purchase price, the schedule shall set forth the plaintiff's name and address, the amount of the judgment and the amount of credit claimed or allowed upon the purchase price.

C. Unless written exceptions are filed in the office of the magisterial district judge from which the order issued not later than ten days after the filing of the proposed schedule of distribution, the officer executing the order shall distribute the proceeds of the sale directly to the party or parties entitled to receive the proceeds in accordance with the proposed schedule.

D. When levies are made against the same property by one or more executing officers under orders of execution issued at the request of separate plaintiffs, priority of distribution of the proceeds of the sale as between such plaintiffs shall be determined by the time their respective requests for orders of execution or reissuance thereof were filed in the office of the issuing magisterial district judge.

Notes

246 Pa. Code r. 416

The provisions of this Rule 416 amended March 2, 1977, 7 Pa.B. 893; effective 3/2/1977; amended October 26, 2004, effective 1/1/2005, 34 Pa.B. 6131.