§ Rule 1079 Impounding Property

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Rule 1079. Impounding Property

    (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.