Eri. Cnty. Pa. 506

As amended through August1, 2022
Rule 506 - MONEY PAID INTO COURT
(a) A party to an action, may upon motion and upon 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 upon 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, to abide its order, the same 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 the Court. A book shall be kept in the office of the Prothonotary, in which shall be entered all monies paid into Court, with the name of the case in which it shall have been paid.
(d) Under the provisions of the bulk transfers section of the Uniform Commercial Code, 13 Pa. C.S.A. 6106(4) the petition of the transferee, in addition to other necessary allegations, shall give the name, address and amount of claims of creditors of the transferor insofar as the same are known to him and may request the appointment of an auditor. If the petition is approved by the Court, an auditor may be appointed forthwith to determine what creditors of the transferor are entitled to recommend distribution to the Court. The auditor shall give notice of his appointment and perform all his duties in accordance with the provisions of Rule 500 *. He shall give notice of the time of filing claims 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.

*[Erie L.R.500 was deleted by the changes which were made pursuant to the order of July 8, 2004. Any continued reference to Erie L.R.500 is an oversight which the Rules Committee will bring to the court's attention.]

(e) The Prothonotary, upon receipt of any payment or deposit of funds or damages due or estimated to be due in eminent domain proceedings, pursuant to any statute, rule or order of Court, shall, within five (5) days of receipt of such funds or damages, deposit the same in a federally insured depository in Erie County, Pennsylvania, subject to withdrawal on a daily basis without notice, such deposit to bear interest at a rate not less than the current rate at any time advertised by said institutions to be paid to its customers for depository accounts with similar withdrawal provisions as above.
(1) If the amount of such funds so paid or deposited with the Prothonotary exceed the maximum amount that deposits with such institutions are insurable by an agency of the United States of America, the Prothonotary shall open as many accounts as may be necessary to provide that all such funds so paid or deposited are fully insured by an agency of the United States of America.
(2) Any funds deposited by the Prothonotary under this Rule shall be deposited in the name of the Court for use of the parties who may be entitled thereto, and shall not be withdrawn except by Order of Court authorizing the Prothonotary to withdraw all or a part of any such funds so deposited and to make distribution of the same in accord with the terms of such Order. A record of all funds received and paid out hereunder, including the source of such funds, the number and term of the proceedings under which the same were deposited, and to whom payments of funds withdrawn are made, shall be kept by the Prothonotary.
(3) Interest earned on funds deposited shall belong to and, upon Court Order authorizing withdrawal, be paid to the party or parties entitled thereto less the appropriate deduction for poundage which the Prothonotary shall receive for the handling of monies paid into Court in accordance with the statutory fee schedule established by the General Assembly of the Commonwealth of Pennsylvania.
(4) The Prothonotary shall after deposit of funds, as above described, mail a copy of said depository agreement to all parties of record and file a copy of same with the papers in the case.

Eri. Cnty. Pa. 506

Amended effective 7/1/2020; amended effective 8/1/2022.