reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2304 - Order of Court

Current through Register Vol. 54, No. 28, July 13, 2024
The petition shall be accompanied by a form of order of the
				  court substantially as follows:
(Caption of the Action) Commonwealth of
				  Pennsylvania
Now, this day of , the petition of (insert name of party
				  seeking interpleader) is granted and (insert name of the claimant not a party
				  to the action) is added to the record as a party plaintiff and enjoined from
				  commencing or further prosecuting any action in any court against (the
				  petitioner) to enforce in whole or in part any claim against the petitioner set
				  forth in said petition, except as a party to the above entitled action.
Now, therefore, we command you, the Sheriff of the County of
				  to direct the claimant, (insert name and address of the claimant) to file in
				  the above entitled action in the office of the (insert title of officer and
				  court) a complaint within twenty days after being served with copies of the
				  petition for interpleader and this order and all pleadings heretofore filed in
				  the above entitled action if said service was made within your county, or
				  within thirty days of said service if said service was made within any other
				  county of this Commonwealth.
By the court
___________________, J.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2305 - Service on and Answer of Plaintiff

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A copy of the petition shall be served
				upon the plaintiff or the plaintiff's attorney.
(b) The plaintiff's answer, if any, to the
				petition shall be filed within twenty days of such service and a copy thereof
				shall be served upon the defendant or the defendant's attorney.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2306 - Action of Court on Petition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The court shall direct an interpleader if
				the petition is in conformity with these rules and the allegations thereof are
				established either by proof or by the failure of the plaintiff to file a
				sufficient answer; but the court may deny the petition if the defendant
(1) has unreasonably delayed in filing the
				petition, or
(2) has admitted the
				claim of, or subjected himself or herself to independent liability to, the
				plaintiff or any claimant, with knowledge that an inconsistent claim would be
				later asserted against him or her by any known or unknown
				person.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2307 - Order for Payment, Delivery or Sale of Property. Effect of Compliance Therewith

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
				granting a petition for interpleader, the court shall make such order as may be
				deemed just under the circumstances relating to the payment or delivery into
				court, or to such person as the court shall direct, of any money or property in
				controversy disclaimed by the defendant.
(b) When the defendant has complied with such
				order, the court shall enter an order discharging the defendant of all
				liability to the plaintiff and to any interpleaded claimant who has been served
				as required by these rules in respect to the money or property so paid or
				delivered. If the defendant has disclaimed all interest in the action the court
				in its order shall also discharge the defendant from all liability for any
				costs accruing after the entry of the order and shall allow the defendant the
				costs incurred by him in the action, to be paid from such money or property in
				the first instance and taxed as costs in the action.
(c) Upon granting the petition for
				interpleader or at any time thereafter but prior to the final determination
				thereof the court may make any order relating to the sale or disposition of any
				property in controversy.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2308 - Service of Process on Interpleaded Claimants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within twenty days after the entry of the
				order of the court directing the interpleader, each claimant interpleaded shall
				be served, in the same manner as provided for the service of original process,
				with a copy of the petition and order of the court and a copy of all pleadings
				theretofore filed in the action.
(b) A copy of such order shall be served upon
				the plaintiff or the plaintiff's attorney.
(c) The court upon cause shown may extend the
				time for such service upon motion made either before or after the expiration of
				such time.
(d)
				[Rescinded].
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2309 - Claimant's statement of claim. Service thereof

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within the time required by the order,
				each claimant interpleaded shall file a statement of claim against the
				defendant and any money or property paid or delivered by said defendant
				pursuant to an order of the court.
(b) The form and verification of the
				statement shall be the same as a complaint in a civil action.
(c) Following the allegations relating to the
				claim against the defendant, the interpleaded claimant may include in his or
				her statement, under the heading of "Additional Matter" any allegations
				relevant to the claim of any other claimant or party.
(d) A copy of the statement shall be served
				upon the plaintiff, and any other interpleaded claimant and upon the defendant
				if the defendant has not disclaimed all interest in the action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2310 - Answers by Defendant, Plaintiff and other Claimants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A defendant, who has not disclaimed all
				interest in the action, may within twenty days after service of a claimant's
				statement, file an answer thereto, except to any "Additional Matter"
				thereof.
(b) If a claimant has
				included "Additional Matter" in his statement, the plaintiff or any other
				interpleaded party shall within twenty days after service of the claimant's
				statement, file an answer to such "Additional Matter," insofar as such
				"Additional Matter" involves his claim in the action.
(c) The form and verification of such answers
				shall be the same as in a civil action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2311 - Failure to Answer or Sufficiently Answer

Current through Register Vol. 54, No. 28, July 13, 2024
All allegations of fact in a claimant's statement which are
				  not answered, or sufficiently answered, shall, as between the parties concerned
				  thereby, be conclusive in the action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2312 - Questions of Jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
The manner of raising questions of jurisdiction or of the
				  form or sufficiency of any pleading shall be the same as in a civil
				  action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2313 - Pre-trial Conference

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the expiration of the period for the filing of pleadings
				  by all parties the court shall direct a pre-trial conference under Rule
				  212.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2314 - Judgment Barring Claim

Current through Register Vol. 54, No. 28, July 13, 2024
If an interpleaded party fails to plead as required by Rule
				  2309(a) the defendant may move the court to enter a judgment forever barring
				  such party from asserting any claim against the defendant set forth in the
				  petition for interpleader.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2315 - Order Disposing of Property

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the conclusion of the interpleader proceedings, the
				  court shall enter an order disposing of money or property which has been paid
				  or delivered by the defendant in compliance with an order made pursuant to Rule
				  2307(a).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2316 - Recovery of Property and Execution

Current through Register Vol. 54, No. 28, July 13, 2024
The party to the interpleader ultimately found entitled to
				  recover shall be entitled to payment or delivery of money or property awarded
				  under Rule 2315 and to execution upon any judgment entered in his or her favor
				  against any party to the interpleader although an interpleaded claimant has not
				  been served as required by Rule 2308.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2317 - Successful Party not Required to Enter into Recognizance or Undertaking

Current through Register Vol. 54, No. 28, July 13, 2024
The court shall not require the party ultimately found
				  entitled to recover to enter into a recognizance or undertaking to interplead
				  with any claimant not served should such claimant assert against the defendant
				  any claim set forth in the defendant's petition for interpleader or to
				  indemnify the defendant for any liability or loss should the claimant not
				  served successfully assert such a claim against the
				  defendant.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2318 - Exclusive Method at Law. Equity Interpleader Preserved

Current through Register Vol. 54, No. 28, July 13, 2024
The right of interpleader conferred by these rules shall be
				  the exclusive method of interpleader in any action and shall be in addition to,
				  and not in lieu of, the right to commence a civil action for an
				  interpleader.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2300 - INTERPLEADER BY DEFENDANTS › Rule 2324 - Effective Date. Pending Actions

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall become effective on the twenty-second day
				  of January, 1940, and shall apply to actions pending at that
				  time.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2320 - INTERVENTION › Rule 2327 - Who may intervene

Current through Register Vol. 54, No. 28, July 13, 2024
At any time during the pendency of an action, a person not a
				  party thereto shall be permitted to intervene therein, subject to these rules
				  .
(1) The entry of a judgment in such
				action or the satisfaction of such judgment will impose any liability upon such
				person to indemnify in whole or in part the party against whom judgment may be
				entered; or
(2) such person is so
				situated as to be adversely affected by a distribution or other disposition of
				property in the custody of the court or of an officer thereof; or
(3) such person could have joined as an
				original party in the action or could have been joined therein; or
(4) the determination of such action may
				affect any legally enforceable interest of such person whether or not such
				person may be bound by a judgment in the action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2320 - INTERVENTION › Rule 2328 - Petition to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Application for leave to intervene shall be made by a petition in the form of
				and verified in the manner of a plaintiff's initial pleading in a civil action,
				setting forth the ground on which intervention is sought and a statement of the
				relief or the defense which the petitioner desires to demand or assert. The
				petitioner shall attach to the petition a copy of any pleading which the
				petitioner will file in the action if permitted to intervene or shall state in
				the petition that the petitioner adopts by reference in whole or in part
				certain named pleadings or parts of pleadings already filed in the
				action.
(b) A copy of the petition
				shall be served upon each party to the action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2320 - INTERVENTION › Rule 2329 - Action of court on petition

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the filing of the petition and after hearing, of which
				  due notice shall be given to all parties, the court, if the allegations of the
				  petition have been established and are found to be sufficient, shall enter an
				  order allowing intervention; but an application for intervention may be
				  refused, if
(1) the claim or defense
				of the petitioner is not in subordination to and in recognition of the
				propriety of the action; or
(2) the
				interest of the petitioner is already adequately represented; or
(3) the petitioner has unduly delayed in
				making application for intervention or the intervention will unduly delay,
				embarrass or prejudice the trial or the adjudication of the rights of the
				parties.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2320 - INTERVENTION › Rule 2330 - Practice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After the entry
				of an order allowing intervention, the intervener shall have all the rights and
				liabilities of a party to the action.
(b) Any party to the action may amend any
				pleading filed by the party to include any claim or defense available against
				an intervening party.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2320 - INTERVENTION › Rule 2348 - Acts of Assembly not suspended

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall not be deemed to suspend or affect the
				  following Acts of Assembly:
(1)
				Section 1 of the Act approved June 23, 1931, P. L. 1181, No. 321,
				8 P.
				S. §
										146.
(2) Section 4 of the Act approved December
				20, 1983, P. L. 260, No. 72,
				63
				P. S. §
										1604.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2320 - INTERVENTION › Rule 2349 - Effective date; pending actions

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall become effective on the fifth day of
				  February, 1941, and shall apply to actions pending at that time. Adopted June
				  7, 1940. Eff. Feb. 3, 1941.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2320 - INTERVENTION › Rule 2350 - Suspension of Acts of Assembly

Current through Register Vol. 54, No. 28, July 13, 2024
Section 12 of the Act approved May 16, 1923, P. L. 207, No.
				  153, 53 P. S. §
										7181, insofar
				  as it relates to intervention in proceedings to enforce municipal claims and
				  tax liens, is suspended in accordance with the provisions of the Constitution
				  of 1968, Article V, Section 10(c).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2350 - SUBSTITUTION OF PARTIES › Rule 2351 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter,
"action" means any civil action or proceeding brought in or
				  appealed to any court of record which is subject to these rules, including
				  actions to obtain judgment upon a mechanics' lien claim but shall not include
				  actions to enforce municipal liens and claims;
"successor" means anyone who by operation of law, election or
				  appointment has succeeded to the interest or office of a party to an
				  action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2350 - SUBSTITUTION OF PARTIES › Rule 2352 - Substitution of successor

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				successor may become a party to a pending action by filing of record a
				statement of the material facts on which the right to substitution is
				based.
(b) If the successor does
				not voluntarily become a party, the prothonotary, upon praecipe of an adverse
				party setting forth the material facts shall enter a rule upon the successor to
				show cause why the successor should not be substituted as a party.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2350 - SUBSTITUTION OF PARTIES › Rule 2353 - Service of rule

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The rule
				shall be served in any manner in which the original process in the action could
				have been served.
(b)
				[Rescinded].
(c)
				[Rescinded].
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2350 - SUBSTITUTION OF PARTIES › Rule 2354 - Status of successor; continuance

Current through Register Vol. 54, No. 28, July 13, 2024
If the successor voluntarily becomes a party to the action or
				  the rule is made absolute, the successor shall have all the rights and
				  liabilities of a party to the action. The court may order such continuances and
				  extensions as may be necessary to afford the successor a reasonable opportunity
				  to appear and prosecute or defend the action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2350 - SUBSTITUTION OF PARTIES › Rule 2355 - Notice of Death of a Party. Substitution of Personal Representative

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a named
				party dies after the commencement of an action, the attorney of record for the
				deceased party shall file a notice of death with the prothonotary. The
				procedure to substitute the personal representative of the deceased party shall
				be in accordance with Rule 2352.
See Section 3375 of the Decedents, Estates and Fiduciaries
				  Code,
				  20 Pa.C.S. §
											3375
				  which provides that if a plaintiff dies and a personal representative is not
				  appointed within one year after a suggestion of the death, the court, upon
				  petition, shall abate the action if the delay in taking out letters is not
				  reasonably explained.
This rule does not address the case law discussing whether
				  the commencement of an action by or against a deceased person is a nullity and
				  therefore does not toll the running of the statute of limitations
(b) The notice of death required
				by subdivision (a) shall be substantially in the following form:
(CAPTION)
NOTICE OF DEATH
The death of____________ , a party to the above action,
				  during the pendency of this action is noted upon the record.
________
Attorney for the Deceased Party
_______
Address
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2350 - SUBSTITUTION OF PARTIES › Rule 2373 - Acts of Assembly not suspended

Current through Register Vol. 54, No. 28, July 13, 2024
Section 12 of the Act approved May 16, 1923, P. L. 207, No.
				  153, 53 P. S. §
										7181 shall
				  not be deemed suspended or affected by the rules governing substitution of
				  parties.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2350 - SUBSTITUTION OF PARTIES › Rule 2374 - Effective date; pending actions

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall become effective on the first day of April,
				  1950, and shall apply to actions pending at that time. Adopted Sept. 30, 1949.
				  Eff. April 1, 1950.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2950 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter
"action" means a proceeding to enter a judgment by confession
				  for money pursuant to an instrument, other than an instrument executed by a
				  natural person in connection with a consumer credit transaction, authorizing
				  such confession.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2951 - Method of Proceeding

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				action shall be commenced by filing with the prothonotary a complaint
				substantially in the form provided by Rule 2952.
(b) If the instrument is more than twenty
				years old, judgment may be entered only by leave of court after notice and the
				filing of a complaint.
(c) When the
				original or a photostatic copy or like reproduction of the instrument showing
				the defendant's signature is not attached to the complaint, judgment may be
				entered only by leave of court after notice.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2952 - Complaint; Contents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				complaint shall contain the following:
(1) The
				names and last known addresses of the parties;
(2) The original or a photostatic copy or
				like reproduction of the instrument showing the defendant's signature; if the
				original is not attached, an averment that the copy attached is a true and
				correct reproduction of the original; if neither the original nor a
				reproduction can be attached, an explanation why they are not available;
If the complaint is to be filed in a judicial district which
				  has implemented electronic filing, an electronic copy of the instrument should
				  be attached to the complaint. Should an issue arise concerning the instrument,
				  any party at any time may request the production of the original instrument for
				  inspection pursuant to Pa.R.C.P. No. 205.4(b)(5).
(3) An averment that judgment is not being
				entered by confession against a natural person in connection with a consumer
				credit transaction;
(4) a statement
				of any assignment of the instrument;
(5) either a statement that judgment has not
				been entered on the instrument in any jurisdiction or if it has been entered an
				identification of the proceedings;
(6) if the judgment may be entered only after
				a default or the occurrence of a condition precedent, an averment of the
				default or of the occurrence of the condition precedent;
(7) an itemized computation of the amount
				then due, based on matters outside the instrument if necessary, which may
				include interest and attorneys' fees authorized by the instrument;
(8) a demand for judgment as authorized by
				the warrant;
(9) if the instrument
				is more than twenty years old, or if the original or a photostatic copy or like
				reproduction of the instrument showing the defendant's signature is not
				attached to the complaint, an application for a court order granting leave to
				enter judgment after notice;
(10)
				signature and verification in accordance with the rules relating to a civil
				action;
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2953 - Successive Actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Where an
				instrument authorizes judgments to be confessed from time to time for separate
				sums as or after they become due, successive actions may be commenced and
				judgments entered for such sums.
(b) If an instrument authorizes entry of
				judgments for money and in ejectment, the entry of judgment in ejectment shall
				not prevent the entry of judgment for money.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2954 - Judgment in Name of Holder, Assignee or Transferee

Current through Register Vol. 54, No. 28, July 13, 2024
Judgment shall be entered only in the name of a holder,
				  assignee or other transferee.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2955 - Confession of Judgment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				plaintiff shall file with the complaint a confession of judgment substantially
				in the form provided by Rule 2962.
(b) The attorney for the plaintiff may sign
				the confession as attorney for the defendant unless an Act of Assembly or the
				instrument provides otherwise.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2956.1 - Execution Upon a Judgment Entered by Confession

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as otherwise provided by
				subdivisions (b) and (c), a judgment entered by confession shall be enforced as
				provided by Rule 3101 et seq. governing the enforcement of a judgment for the
				payment of money.
(b) A judgment
				entered by confession which arises from a retail installment sale, contract or
				account under the Goods and Services Installment Sales Act or which constitutes
				a residential mortgage obligation under the Loan Interest and Protection Law
				shall be conformed as provided by Rule 2981 et seq. prior to
				execution.
(c) Execution upon a
				judgment entered by confession which is not within the scope of subdivision (b)
				and to which a petition to open or strike the judgment has not been filed,
				shall be
(1) commenced by a praecipe as
				provided by Rule 2957 and
(2)
				conditioned upon the service of notice on the defendant in the judgment as
				provided by either
(i) Rule
				2958.1 at least thirty days prior
				to the filing of the praecipe for the writ of execution, or
(ii) Rule
				2958.2 with the notice of sale of
				real property, or
(iii) Rule
				2958.3 with the writ of
				execution.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2957 - Praecipe for Writ of Execution; Amount; Items Claimed; Certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Plaintiff may
				include the amount due, interest, attorneys' fees and costs in the praecipe for
				a writ of execution under Rule 2963(5).
(b) The praecipe for the writ of execution
				shall contain the words "Confessed Judgment" immediately below the title of the
				praecipe and a certification that
(1) The
				praecipe is based upon a confessed judgment and
(2) The prothonotary is authorized to issue
				the writ of execution because
(i) notice has
				been served pursuant to Rule
				2958.1 as evidenced by a return
				of service filed of record, or
(ii)
				notice will be served pursuant to Rule
				2958.2 because the property to be
				levied upon consists solely of real property or real property and personal
				property to be sold with the real property pursuant to Section 9604(a) of the
				Uniform Commercial Code, or
(iii)
				notice will be served pursuant to Rule
				2958.3 because the property to be
				levied upon consists of personal property or personal property and real
				property, not within the scope of Rule 2958.2(a)(2), or
(iv) notice was served in connection with a
				prior execution on this judgment and no further notice is required under Rule
				2958.4(b), or
(v) a petition to
				open or strike the judgment has been previously filed and notice is not
				required under Rule 2956.1(c).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2958.1 - Notice Served Prior to Execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A written notice substantially in the
				form prescribed by Rule 2964 shall be served on the defendant at least thirty
				days prior to the filing of the praecipe for a writ of execution.
(b) The notice shall be served
(1) upon a defendant in the judgment who has
				not entered an appearance
(i) by the sheriff
				or by a competent adult who is not a party to the action in the manner
				prescribed by Rule 402(a) for the service of original process upon a defendant,
				or
(ii) by the plaintiff mailing a
				copy in the manner prescribed by Rule 403, or
(iii) pursuant to special order of court as
				prescribed by Rule 430 if service cannot be made as provided in subparagraphs
				(i) or (ii), or
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2958.2 - Notice of Execution Served With Notice of Sale of Real Property

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Written notice
				substantially in the form prescribed by Rule 2965 shall be served upon the
				defendant at least thirty days prior to the sheriff's sale if the property to
				be levied upon consists solely of
(1) real
				property, or
(2) real property and
				personal property to be sold with the real property pursuant to Section 9604(a)
				of the Uniform Commercial Code.
The notice required by this rule must be served only when the
				  plaintiff has not proceeded under Rule
				  2958.1 requiring at least thirty
				  days notice prior to the filing of the praecipe for writ of execution.
Rule 2957(b) governing the praecipe for the writ of execution
				  requires a certification that notice has been given as provided by this
				  rule.
Rule 2959(a)(3) requires a petition for relief from a
				  confessed judgment to be filed within thirty days after service of notice
				  pursuant to this rule.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2958.3 - Notice of Execution Served With Writ of Execution. Request for Prompt Hearing Limited to Issue of Waiver of Due Process Rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Written notice in the form prescribed by
				Rule 2966 and a form of petition to strike the judgment and request for prompt
				hearing in the form prescribed by Rule 2967 shall be served upon the defendant
				with the writ of execution if the property to be levied upon or attached
				consists of
(1) personal property
				or
(2) personal property and real
				property, not within the scope of Rule 2958.2(a)(2).
Rule 2957(b) governing the praecipe for the writ of execution
				  requires a certification that notice has been given as provided by this
				  rule.
Rule 2959(a)(3) requires a petition for relief from a
				  confessed judgment to be filed within thirty days after service of notice
				  pursuant to this rule.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2958.4 - Choice of Procedure. Notice Upon Subsequent Executions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A plaintiff who has given notice pursuant
				to Rule 2958.1 may not proceed thereafter
				under Rules 2958.2 and 2958.3.
(b)
				The notice required by Rules
				2958.1 through
				2958.3 need not be given upon
				subsequent executions on a judgment if the notice was given prior to or upon a
				previous execution on that judgment and either
(1) The defendant filed a petition for relief
				from the judgment and the court denied the relief, or
(2) The defendant failed to file a petition
				for relief from the judgment within thirty days after service of the notice as
				required by Rule 2959(a)(3).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2959 - Striking Off or Opening Judgment. Pleadings. Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1)
				Relief from a judgment by confession shall be sought by petition. Except as
				provided in subparagraph (2), all grounds for relief whether to strike off the
				judgment or to open it must be asserted in a single petition. The petition may
				be filed in the county in which the judgment was originally entered, in any
				county to which the judgment has been transferred or in any other county in
				which the sheriff has received a writ of execution directed to the sheriff to
				enforce the judgment.
(2) The
				ground that the waiver of the due process rights of notice and hearing was not
				voluntary, intelligent and knowing shall be raised only
(i) in support of a further request for a
				stay of execution where the court has not stayed execution despite the timely
				filing of a petition for relief from the judgment and the presentation of prima
				facie evidence of a defense; and
(ii) as provided by Rule 2958.3 or Rule
				2973.3.
(3) If written
				notice is served upon the petitioner pursuant to Rule
				2956.1(c)(2) or
				Rule 2973.1(c), the
				petition shall be filed within thirty days after such service. Unless the
				defendant can demonstrate that there were compelling reasons for the delay, a
				petition not timely filed shall be denied.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2960 - Proceedings Upon Opening of Judgment. Pleadings. Jury Trial. Waiver

Current through Register Vol. 54, No. 28, July 13, 2024
If a judgment is opened in whole or in part the issues to be
				  tried shall be defined by the complaint if a complaint has been filed, and by
				  the petition, answer and the order of the court opening the judgment. There
				  shall be no further pleadings. The right to a jury trial on the opened judgment
				  shall be deemed waived unless a party files and serves a written demand for
				  jury trial within twenty days after the order opening judgment; but if the
				  issue is referred to compulsory arbitration, Rule 1007.1 shall apply.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2961 - Application of Amendments to Pending Actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The amendments promulgated in 1996 to the
				rules of civil procedure prohibiting the entry of a judgment by confession for
				money in connection with a consumer credit transaction shall apply to actions
				commenced after the effective date set forth in the Order of the Supreme
				Court.
(b) The amendments
				promulgated in 1996 to the rules governing execution on a judgment entered by
				confession for money shall apply to executions commenced after the effective
				date set forth in the Order of the Supreme Court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2962 - Confession of Judgment Where Action Commenced by Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
The confession of judgment required by Rule 2955 shall be
				  substantially in the following form:
[CAPTION]
Pursuant to the authority contained in the warrant of
				  attorney, the original or a copy of which is attached to the complaint filed in
				  this action, I appear for the defendant(s) and confess judgment in favor of the
				  plaintiff(s) and against defendant(s) as follows:
*(Principal) *(Penal) Sum Other authorized
							 items:
$ ___
_________________________
$ ___
(Specify)
**Interest
$ ___
**Attorney fees
$ ___
*Strike out inapplicable item.
**Interest and attorney fees may be included only if
				  authorized by the warrant.
______________________________________
______________________________________
______________________________________
______________________________________
ATTORNEY FOR DEFENDANT(S)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2963 - Praecipe for Writ of Execution. Certification. Form

Current through Register Vol. 54, No. 28, July 13, 2024
The praecipe for a writ of execution upon a confessed
				  judgment shall be substantially in the following form:
[CAPTION]
PRAECIPE FOR WRIT OF EXECUTION UPON A
CONFESSED JUDGMENT
To the Prothonotary:
Issue a writ of execution upon a judgment entered by
				  confession in the above matter,
(1)
				directed to the sheriff of ____________ county;
(2) against ____________ , defendant; and
(Name of Defendant)
(3) against ____________ , garnishee;
(Name of Garnishee)
(4) and enter this writ in the judgment index
(a) against ____________ , defendant and
(Name of Defendant)
(b) against _________________________ , as
				garnishee,
(Name of Garnishee)
as a lis pendens against real property of the defendant in
				  name of garnishee as follows:
______________________________________
(Specifically describe property)
______________________________________
(If space insufficient attach extra sheets)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2964 - Notice of Judgment and Execution Required by Rule 2958.1. Form

Current through Register Vol. 54, No. 28, July 13, 2024
The notice required by Rule
				  2958.1 shall be substantially in
				  the following form:
(Caption)
Notice Under Rule 2958.1 of Judgment and
Execution Thereon
____________
Notice of Defendant's Rights
To: ____________
Defendant(s)
A judgment in the amount of $ ___ has been entered against
				  you and in favor of the plaintiff without any prior notice or hearing based on
				  a confession of judgment contained in a written agreement or other paper
				  allegedly signed by you. The sheriff may take your money or other property to
				  pay the judgment at any time after thirty (30) days after the date on which
				  this notice is served on you.
You may have legal rights to defeat the judgment or to
				  prevent your money or property from being taken. YOU MUST FILE A PETITION
				  SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30)
				  DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
				  RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
				  NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
				  CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
				  ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
				  SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
______________________________________
(Name)
______________________________________
(Address)
______________________________________
(Telephone Number)
______________________________________
Attorney for Plaintiff
______________________________________
Address
______________________________________
Telephone Number
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2965 - Notice of Judgment and Execution Required by Rule 2958.2. Form

Current through Register Vol. 54, No. 28, July 13, 2024
The notice required by Rule
				  2958.2 shall be substantially in
				  the following form:
(Caption)
Notice Under Rule 2958.2 of Judgment and
Execution Thereon
____________
Notice of Defendant's Rights
To: ____________
Defendant(s)
A judgment in the amount of $ ___ has been entered against
				  you and in favor of the plaintiff without any prior notice or hearing based on
				  a confession of judgment contained in a written agreement or other paper
				  allegedly signed by you. The court has issued a writ of execution which directs
				  the sheriff to levy upon and sell certain real property owned by you to pay the
				  judgment. The sheriff's sale has been scheduled for
____________.
(Date)
You may have legal rights to defeat the judgment or to
				  prevent or delay the sheriff's sale.
I. YOU MUST FILE A PETITION SEEKING RELIEF
				FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR
				YOU MAY LOSE YOUR RIGHTS.
II. YOU
				MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE
				WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR
				YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
				  NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
				  CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
				  ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
				  SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
______________________________________
(Name)
______________________________________
(Address)
______________________________________
(Telephone Number)
______________________________________
Attorney for Plaintiff
______________________________________
Address
______________________________________
Telephone Number
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2966 - Notice of Judgment and Execution Required by Rule 2958.3. Form

Current through Register Vol. 54, No. 28, July 13, 2024
The notice required by Rule
				  2958.3 shall be substantially in
				  the following form:
(Caption)
Notice Under Rule 2958.3 of Judgment and
Execution Thereon
____________
Notice of Defendant's Rights
To: ____________
Defendant(s)
A judgment in the amount of $ ___ has been entered against
				  you and in favor of the plaintiff without any prior notice or hearing based on
				  a confession of judgment contained in a written agreement or other paper
				  allegedly signed by you. The court has issued a writ of execution which directs
				  the sheriff to take your money or other property owned by you to pay the
				  judgment.
If your money or property has been taken, you have the right
				  to get the money or property back if you did not voluntarily, intelligently and
				  knowingly give up your constitutional right to notice and hearing prior to the
				  entry of judgment or if you have defenses or other valid objections to the
				  judgment.
You have a right to a prompt court hearing if you claim that
				  you did not voluntarily, intelligently and knowingly give up your rights to
				  notice and hearing prior to the entry of the judgment. If you wish to exercise
				  this right, you must immediately fill out and sign the petition to strike the
				  judgment which accompanies the writ of execution and deliver it to the Sheriff
				  of ____________ County at_________________________.
IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO
				  REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE
				  SHERIFF OR TURNED OVER TO THE PLAINTIFF.
YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
				  PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS
				  NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
				  NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
				  CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
				  ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
				  SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
______________________________________
(Name)
______________________________________
(Address)
______________________________________
(Telephone Number)
______________________________________
Attorney for Plaintiff
______________________________________
Address
______________________________________
Telephone Number
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2950 - CONFESSION OF JUDGMENT FOR MONEY › Rule 2967 - Petition to Strike Judgment. Form

Current through Register Vol. 54, No. 28, July 13, 2024
The petition to strike judgment required by Rules
				  2958.3 and
				  2973.3 shall be substantially in
				  the following form:
(Caption)
PETITION TO STRIKE JUDGMENT
____________
REQUEST FOR PROMPT HEARING
I hereby certify that I did not voluntarily, intelligently
				  and knowingly give up my right to notice and hearing prior to the entry of
				  judgment. I petition the court to strike the judgment on this ground and
				  request a prompt hearing on this issue.
I verify that the statements made in this Request for Hearing
				  are true and correct. I understand that false statements herein are made
				  subject to the penalties of
				  18 Pa.C.S. §
										4904
				  relating to unsworn falsification to authorities.
Notice of the hearing should be given to me at
______________________________________
Street Address
______________________________________
City, State
______________________________________
Telephone Number
Dated: ____________
_________________________
Defendant(s)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2970 - CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY › Rule 2970 - Conformity. Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided in this chapter, the procedure
				  in an action to enter a judgment in ejectment for possession of real property
				  by confession pursuant to an instrument, other than a residential lease
				  executed by a natural person, authorizing such confession shall be in
				  accordance with the rules relating to confession of judgment for money.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2970 - CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY › Rule 2971 - Commencement of Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An action
				shall be commenced by filing with the prothonotary a complaint substantially in
				the form provided by Rule 2952. The complaint shall also contain
(1) an averment, in place of that required by
				Rule 2952(a)(3), that the judgment is not being entered against a natural
				person in connection with a residential lease, and
(2) a description of the property
				and
(3) a demand for judgment in
				ejectment.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2970 - CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY › Rule 2972 - Successive Actions

Current through Register Vol. 54, No. 28, July 13, 2024
If an instrument authorizes judgment to be entered in
				  ejectment and for money, the entry of judgment for money shall not prevent the
				  entry of judgment in ejectment.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2970 - CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY › Rule 2973.1 - Execution

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided by subdivisions (b) and (c), a
				  judgment in ejectment entered by confession shall be enforced in the manner
				  provided by Rule 3160 et seq. governing the enforcement of a judgment in an
				  action of ejectment.
(b) Execution
				shall be commenced by filing a praecipe for a writ of possession in the form
				prescribed by Rule 2974.1.
(c) If
				no petition to open or strike the judgment has been filed, written notice shall
				be served upon the defendant in the judgment either
(1) prior to execution as provided by Rule
				2973.2, or
(2) with the writ of
				possession as provided by Rule 2973.3.