246 Pa. Code r. 420 - Determination of Property Claims and Disputes

A. The magisterial district judge from whose office the order of execution issued shall hear and determine the following matters:

(1) An appeal made in accordance with Rule 408C from an appraisal, designation or setting aside of property by the officer executing the order.

(2) Any objection by the defendant to the levy on the ground that it is illegal or excessive which was filed in accordance with Rule 413.

(3) Claims of third parties to the property levied upon which were filed in accordance with Rule 413.

(4) Exceptions to the proposed distribution filed in accordance with Rule 416C.

B. In acting under subdivision A of this rule, the magisterial district judge may:

(1) Reappraise or redesignate property appraised or designated by the executing officer, or order inclusion in the levy of property set aside by that officer.

(2) Order the abandonment of the levy in whole or part, or release property from the levy.

(3) Stay or prohibit a sale of all or part of the property levied upon.

(4) Order that property levied upon be released to a third party who has a valid claim thereto.

(5) Stay the distribution, or order a distribution different than that proposed by the executing officer.

C. The magisterial district judge from whose office the order of execution issued may, upon written request of any party in interest made before delivery of property sold pursuant to the order and upon proper cause shown, set aside the sale of that property and order a resale or enter any other order which may be just and proper under the circumstances.

Notes

246 Pa. Code r. 420

The provisions of this Rule 420 amended April 22, 2004, effective 7/1/2004, 34 Pa.B. 2465.