Merc. Cnty. Pa. 326

As amended through November 4, 2016
Rule 326 - Money Paid Into Court
(a) A party to an action may, upon motion and such notice to the adverse party as the court may direct, pay into court the amount admitted to be due, together with costs, if any. The party entitled to the money may accept the money and settle and discontinue the action or may refuse the money and proceed with the action. If the adverse party shall not recover more than the amount paid into court, all additional costs shall be deducted from the money. This tender into court shall in no way alter the rights of the parties as to legal tender made before suit.
(b) Parties wishing to extinguish liens upon real estate in which they have an interest may, on motion and such notice to the creditor as the court may direct, pay into court the amount due and have satisfaction entered upon the lien.
(c) Upon payment of money into court, it shall be deposited by the Prothonotary in an account in the name of the Prothonotary kept for such purposes, and shall be payable only by a check signed by the Prothonotary pursuant to order of court. A book shall be kept in the office of the Prothonotary, in which shall be entered all moneys paid into court, with the name of the case in which it shall have been paid.
(d) In matters of bulk transfer, the petition of the transferee shall, inter alia, provide the name, address and amount of claims of creditors of the transferor insofar as known to the transferee and may request the appointment of an auditor. If the petition be approved by the court, an auditor may be appointed to determine which creditors of the transferor are entitled to recommend distribution to the court. The auditor shall give notice of appointment. Notice of the time of filing claims shall be given to the transferors and transferees, or their attorneys, by registered or certified mail to each known creditor whose name and address is set forth in the petition.

Merc. Cnty. Pa. 326

Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania Bulletin.