Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 8372 (December 31, 2022).

231 Pa. Code Rule 3109. Manual possession; retention of possession.

Rule 3109. Manual possession; retention of possession.

 (a)  The sheriff may, or at the direction of the plaintiff shall, take manual possession or custody of any tangible personal property of the defendant upon which the sheriff has made a levy.

 (b)  The sheriff shall thereafter hold the property until termination of the proceedings, unless

   (1)  otherwise authorized in writing by the plaintiff;

   (2)  the levy is abandoned, set aside or withdrawn;

   (3)  the property is released from the levy; or

   (4)  the plaintiff fails to give bond or security required by these rules.

 (c)  If the sheriff does not retain possession of the property taken, it shall be returned to the person from whom it was taken.

 (d)  The sheriff may require bond or security for the actual or estimated cost of retaining possession of and preserving property levied upon.


   The provisions of this Rule 3109 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243904).

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