Rule 1079.Impounding Property.
Adopted June 25, 1946 · Not amended since adoption · Last verified June 30, 2026
In one sentenceRule 1079 lets any party petition the court, before the sheriff delivers the property, to have it impounded in the custody of the sheriff or another person the court designates.
Full Text of Rule 1079
(a) Prior to the delivery of the property by the sheriff to any party, a petition may be filed by any party requesting the court to order the property to be impounded in the custody of the sheriff or such other person as the court may direct.
(b) The court shall order the property to be impounded if
(1) the circumstances are such that the petitioner if found entitled to the property would not be adequately compensated for its loss by the payment of its pecuniary value, and
(2) the petitioner furnishes security for the payment of storage charges and other expenses incidental to impounding of the property.
(c) Upon the final determination of the action, the property shall be delivered to the successful party and the storage charges and other expenses incidental thereto shall be assessed as costs in the action.
End
Plain-English Summary
When neither side should hold the property while the case proceeds, this rule offers a neutral option. Before the sheriff hands the property to any party, any party may petition to have it impounded — placed in the custody of the sheriff or another custodian the court names — so it stays safe and untouched until the dispute is resolved.
Frequently Asked Questions
Can the property be held by a neutral party during the case?
Yes. Any party may petition before delivery to have the property impounded in the custody of the sheriff or another person the court directs.
Amendment History
The provisions of this Rule 1079 adopted June 25, 1946, effective January 1, 1947.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. This rule has not been amended since its adoption. Last verified June 30, 2026. ·
Official text
Also known as: impound property replevinneutral custodyimpounding petition