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Erie Cnty. C.P. ErieCountyLocalRulesCivilProcedure Rule 506

MONEY PAID INTO COURT

activein force · 2024-09-23 – presentact-effective-date

(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) The Prothonotary, upon receipt of any payment or deposit offunds 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.

Provenance

Source
courts.eriecountypa.gov
Retrieved
2026-09-30
Edition
2026-09-30
Content hash
be13541e1dfc0ce544e154df84c50439585dc59e53a1513f7374478495fa7854
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