THE COURTS

PART I. GENERAL

[231 PA. CODE CH. 3000]

Amendment of Rule 3135 Governing the Sheriff's Deed to Real Property; Proposed Recommendation No. 203

[35 Pa.B. 2603]

   The Civil Procedural Rules Committee is proposing the amendment of Rule of Civil Procedure 3135 governing the issuance of the sheriff's deed to real property. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court of Pennsylvania.

   All communications in reference to the proposed recommendation should be sent not later than June 1, 2005 to:

Harold K. Don, Jr.,
Counsel
Civil Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
 
or E-Mail to
civil.rules@pacourts.us

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure or be officially adopted or promulgated by the Court.

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 3132. Setting aside sale.

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   Official Note: For the time for delivery of the sheriff's deed to real property, see Rule 3135(a).

   Adopted March 30, 1960, effective November 1, 1960.

Rule 3135. Sheriff's deed to real property. Correction of deed.

   (a)  When real property is sold in execution and no petition to set aside the sale has been filed, the sheriff, at the expiration of [ten] thirty days after [the filing of the schedule of distribution] the execution sale, shall execute and acknowledge before the prothonotary a deed to the property sold. The sheriff shall forthwith deliver the deed to the appropriate officers for recording and for registry if required. Confirmation of the sale by the court shall not be required.

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Explanatory Comment

   The proposed amendment to Rule 3135 governing the sheriff's deed to real property eliminates a gap in the execution rules and dissociates the execution and delivery of the sheriff's deed from the filing of the schedule of distribution.

   Rule 3135(a) currently provides in part that ''the sheriff, at the expiration of ten days after the filing of the schedule of distribution, shall execute and acknowledge before the prothonotary a deed to the property sold.'' This rule does not take into consideration the second sentence of Rule 3136(a) which provides that a schedule of distribution need not be filed where the property is sold to the plaintiff for costs only. Rule 3135(a) provides no guidance to the sheriff in this instance. The proposed amendment eliminates the gap by providing a definite time period for execution and delivery of the sheriff's deed applicable to all execution sales, including a sale to the plaintiff for costs only.

   Where no petition to set aside the sale is filed, the proposed amendment measures the time for execution and delivery of the sheriff's deed from the date of the sheriff's sale rather than the date of the filing of the schedule of distribution. The revised rule provides that the delivery of the deed is not dependent on the filing of the schedule of distribution and makes applicable to all execution sales a uniform time period for execution and delivery of the sheriff's deed.

   Under the current system, there can be a significant and unpredictable delay in the delivery of the sheriff's deed to the purchaser. The amended rule provides both certainty and promptness with respect to the execution and delivery of the sheriff's deed. Parties will have a definite time period in which to file a petition to set aside a sale of real property, i.e., thirty days from the date of the sale. The prompt delivery of the sheriff's deed to the purchaser will facilitate the change in ownership of the property and enable the purchaser to enjoy the benefits and responsibilities with respect to that ownership.

   Rule 3132 governing the setting aside of the sale remains unchanged. However, a note has been added cross-referring to revised Rule 3135(a) which ties the time for the delivery of the deed to the date of the execution sale.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 05-829. Filed for public inspection April 29, 2005, 9:00 a.m.]

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