reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter B - PROCEEDING TO COMPEL ARBITRATION AND CONFIRM AN ARBITRATION AWARD IN A CONSUMER CREDIT TRANSACTION › Rule 1328 - Motion to Confirm Arbitration Award as an Original Proceeding

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any party may file as an original
				  proceeding a motion to confirm an arbitration award if the arbitration award
				  was entered pursuant to Rule 1327(1). The motion to confirm such an award shall
				  be filed in the county in which the defendant resides or has a place of
				  business or, if there is no such county, then in the county in which the
				  arbitration hearing was held.
(b)
				  The motion shall begin with a notice substantially in the form prescribed by
				  Rule 1331 and shall be served in the manner provided for service of original
				  process in a civil action.
(c) The
				  motion shall contain factual allegations establishing that the arbitration
				  award was entered pursuant to Rule 1327(1).
(d) A responding party who opposes the motion
				  shall file an answer to the motion within thirty days after service of the
				  motion.
(e) If the responding party
				  does not file an answer, the prothonotary, upon praecipe of the moving party
				  filed after the answer was due, shall enter judgment upon the arbitration
				  award.
(f) If the responding party
				  files an answer, the motion shall be decided pursuant to the court's procedures
				  for deciding motions.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter B - PROCEEDING TO COMPEL ARBITRATION AND CONFIRM AN ARBITRATION AWARD IN A CONSUMER CREDIT TRANSACTION › Rule 1329 - Civil Action to Compel Arbitration. Motion to Confirm Arbitration Award as Ancillary to a Civil Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) A plaintiff seeking to compel arbitration
				  of a claim shall commence a civil action against the defendant. Except as
				  otherwise provided by this rule, the procedure in the action shall be in
				  accordance with the rules governing a civil action, including service of
				  original process and venue.
(2) The
				  complaint shall include an allegation that the claims raised in the complaint
				  are subject to an agreement to submit these claims to arbitration.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter B - PROCEEDING TO COMPEL ARBITRATION AND CONFIRM AN ARBITRATION AWARD IN A CONSUMER CREDIT TRANSACTION › Rule 1330 - Notice Required by Rule 1329(d)(1). Form

Current through Register Vol. 54, No. 28, July 13, 2024
The notice required by Rule 1329(d)(1) shall be
					 substantially in the following form:
(Caption)
Notice to File Answer
The motion attached to this notice asks the court to
					 enforce an agreement to submit claims to arbitration. If you oppose submission
					 of this claim to arbitration, you must file an answer to the motion with the
					 Prothonotary within twenty (20) days of mailing or other service of this
					 notice. If you fail to respond, this case will proceed to arbitration and may
					 result in the entry of a money judgment against you.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter B - PROCEEDING TO COMPEL ARBITRATION AND CONFIRM AN ARBITRATION AWARD IN A CONSUMER CREDIT TRANSACTION › Rule 1331 - Notice Required by Rules 1328(b) and 1329(e)(2). Form

Current through Register Vol. 54, No. 28, July 13, 2024
The notice required by Rules 1328(b) and 1329(e)(2) shall
					 be substantially in the following form:
(Caption)
Notice to File Answer
A party to these proceedings has filed a motion to confirm
					 an arbitration award. If you oppose the motion, you are required to file an
					 answer to the motion within thirty (30) days from the date below setting forth
					 your objections to the motion. If you fail to file an answer, a money judgment
					 based on the arbitration award may be entered against you without further
					 notice. You may lose money or property or other rights important to you.
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)
Date of mailing or other service:
____________ ___________
Party Filing Motion
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1350 - FORMS › Rule 1351 - Form of Writ of Summons

Current through Register Vol. 54, No. 28, July 13, 2024
The writ of summons shall be directed to the defendant and
				  shall be substantially in the following form:
Commonwealth of Pennsylvania
County of ____________
[Caption]
To _________________________
You are hereby notified that _________________________
				  (Name(s) of Plaintiff(s)), has (have) commenced an action against you.
Date ___
____________
(Name of Prothonotary or (Clerk)
By ______________________________________
(Deputy)
Seal of the Court
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1350 - FORMS › Rule 1352 - Form of Writ of Summons in Action of Ejectment

Current through Register Vol. 54, No. 28, July 13, 2024
The writ of summons in an action of ejectment shall be
				  directed to the sheriff and shall be substantially the following form:
"Commonwealth of Pennsylvania
"County of
____________
[Caption]
"To the Sheriff of the County of
____________ :
"You are directed to notify
____________ ,
(Name(s) of Defendant(s)), the defendant(s), that
____________
, (Name(s) or Plaintiff(s)), the plaintiff(s), has (have)
				  commenced an action of ejectment which said defendant(s) is (are) required to
				  defend. "This action concerns the land here described
____________
______________________________________
(Describe land)
______________________________________
"If this land is in possession of anyone not a party, you are
				  directed to notify him that he has been added as a defendant and is required to
				  defend this action.
_______________________
(Name of Prothonotary (Clerk))
"Date: ____________
By ____________________"
"Seal of the Court
(Deputy)
Adopted June 25, 1946, Eff. Jan. 1,
								1947.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1350 - FORMS › Rule 1353 - Notice of Hearing for Seizure of Property

Current through Register Vol. 54, No. 28, July 13, 2024
The notice of hearing shall be directed to the defendant and
				  any other party in possession of the property and shall be in substantially the
				  following form:
(CAPTION)
NOTICE OF HEARING FOR
SEIZURE OF PROPERTY
To: ______________________________________
(Name of Defendant and
______________________________________
(Name of Party in Possession)
You are hereby notified that
(1) Plaintiff has commenced an action of
				replevin and has filed a motion for seizure of the property described in the
				complaint. A copy of the complaint and motion is attached to this
				notice;
(2) There will be a hearing
				on this motion on ____________ at
____________ (set forth date, time and place);
(3) You may appear in person or by
				a lawyer at the time and place set forth or file written objections setting
				forth your reasons why the property should not be seized;
(4) Your failure to appear at the hearing may
				result in the seizure of the property claimed by plaintiff before a final
				decision in this case.
____________________________________
(Name of Plaintiff)
______________________________________
(Attorney for Plaintiff)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1350 - FORMS › Rule 1354 - Form of Writ of Seizure

Current through Register Vol. 54, No. 28, July 13, 2024
The writ of seizure shall be directed to the sheriff and
				  shall be in substantially the following form:
Commonwealth of Pennsylvania
County of ____________
[Caption]
WRIT OF SEIZURE
To the Sheriff of said County:
You are directed to seize the following property:
				  (specifically described property)
If the property is found in the possession of a person not
				  already a defendant, you are directed to add the person as a defendant, and
				  notify the person that he or she has been added as a defendant and is required
				  to defend the action.
Date of Writ ____________
______________________________________
(Name of Prothonotary)
By: ____________
Deputy
(seal)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1350 - FORMS › Rule 1361 - Form of Notice to Plead

Current through Register Vol. 54, No. 28, July 13, 2024
The notice to plead shall be directed to the adverse party
				  and shall be in substantially the following form:
To _________________________:
(Name of Adverse Party)
You are hereby notified to file a written response to the
				  enclosed (name of pleading) within twenty (20) days from service hereof or a
				  judgment may be entered against you.
______________________________________
(Party Filing Pleading or the Party's
				  Attorney)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter A - RULES › Rule 1506 - Stockholder's Derivative Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In an action to enforce a secondary right
				  brought by one or more stockholders or members of a corporation or similar
				  entity because the corporation or entity refuses or fails to enforce rights
				  which could be asserted by it, the complaint shall set forth
(1) that each plaintiff is a stockholder or
				  owner of an interest in the corporation or other entity,
(2) the efforts made to secure enforcement by
				  the corporation or similar entity or the reason for not making any such
				  efforts, and
(3) either
(i) that each plaintiff was a stockholder or
				  owner of an interest in the corporation or other entity at the time of the
				  transaction of which the plaintiff complains or that the plaintiff's stock or
				  interest devolved upon the plaintiff by operation of law from a person who was
				  a stockholder or owner at that time, or
(ii) that there is a strong prima facie case
				  in favor of the claim asserted on behalf of the corporation and that without
				  the action serious injustice will result.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter A - RULES › Rule 1531 - Special Relief. Injunctions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  court shall issue a preliminary or special injunction only after written notice
				  and hearing unless it appears to the satisfaction of the court that immediate
				  and irreparable injury will be sustained before notice can be given or a
				  hearing held, in which case the court may issue a preliminary or special
				  injunction without a hearing or without notice. In determining whether a
				  preliminary or special injunction should be granted and whether notice or a
				  hearing should be required, the court may act on the basis of the averments of
				  the pleadings or petition and may consider affidavits of parties or third
				  persons or any other proof which the court may require.
(b) Except when the plaintiff is the
				  Commonwealth of Pennsylvania, a political subdivision or a department, board,
				  commission, instrumentality or officer of the Commonwealth or of a political
				  subdivision, a preliminary or special injunction shall be granted only if
(1) the plaintiff files a bond in an amount
				  fixed and with security approved by the court, naming the Commonwealth as
				  obligee, conditioned that if the injunction is dissolved because improperly
				  granted or for failure to hold a hearing, the plaintiff shall pay to any person
				  injured all damages sustained by reason of granting the injunction and all
				  legally taxable costs and fees, or
(2) the plaintiff deposits with the
				  prothonotary legal tender of the United States in an amount fixed by the court
				  to be held by the prothonotary upon the same condition as provided for the
				  injunction bond.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter A - RULES › Rule 1532 - Special Relief. Perpetuation of Testimony

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In an action to perpetuate testimony the
				  complaint shall set forth
(1) The names and
				  addresses of all prospective parties to the contemplated action, but if the
				  identity of the heirs or assigns of a named former owner or party in interest
				  is unknown they may be described generally;
(2) The nature of the contemplated action,
				  the plaintiff's interest therein and the need for perpetuating the testimony of
				  the person to be examined;
(3) The
				  name and address of the person whose testimony is to be perpetuated and the
				  substance of the testimony which plaintiff expects to elicit from
				  each.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter A - RULES › Rule 1533 - Special Relief. Receivers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  temporary receiver may be appointed without notice if required by the
				  exigencies of the case. Except as otherwise provided by an Act of Assembly,
				  such appointment may not be made unless
(1)
				  The plaintiff files a bond in an amount fixed and with security approved by the
				  court, naming the Commonwealth as obligee, conditioned that if the appointment
				  is vacated because improperly made the plaintiff shall pay to any person
				  injured all damages sustained by reason of such appointment and all legally
				  taxable costs and fees, or
(2) The
				  plaintiff deposits with the prothonotary legal tender of the United States in
				  an amount fixed by the court to be held by the prothonotary upon the same
				  condition as provided for the bond. A hearing on the continuation or revocation
				  of the appointment shall be held promptly. Notice of the hearing shall be given
				  by the temporary receiver to all persons interested, including creditors and
				  stockholders, if any, whose addresses are known or can be
				  ascertained.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter A - RULES › Rule 1534 - Accounting by Fiduciaries

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
				  as otherwise provided by an Act of Assembly, a receiver, assignee or other
				  fiduciary filing an account shall give notice of the intention to apply for
				  confirmation thereof on the date fixed by the court by local rule or special
				  order. The notice shall also set forth that the account may be confirmed and
				  distribution ordered unless exceptions are filed with the prothonotary before
				  that date.
(b) Notice shall be
				  given by personal service, or by mail or publication, in such manner as the
				  court by local rule or special order shall direct.
(c) The court at any time may order a partial
				  distribution of money or property in settlement of claims and may require the
				  filing of refunding bonds by the claimants.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter A - RULES › Rule 1535 - Objections to Security

Current through Register Vol. 54, No. 28, July 13, 2024
The court, upon petition filed by any party, and after
					 notice and hearing, may upon cause shown
(1) increase or decrease any security which
				  has been required;
(2) strike off a
				  bond improperly filed; or
(3)
				  permit the substitution of security and enter an exoneration of security
				  already given.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter A - RULES › Rule 1549 - Acts of Assembly Not Suspended

Current through Register Vol. 54, No. 28, July 13, 2024
The rules governing a civil action shall not be deemed to
					 suspend or affect the following Acts of Assembly:
(1) Sections 1 and 2 of the Act approved May
				  4, 1869, P. L. 1251,
				  68
				  P. S. §§
											115,
				  116.
(1.1) Sections 12 and 15 of the Act approved
				  June 4, 1901, P. L. 404, No. 231,
				  39
				  P. S. §§
											42,
				  48.
(2) Section 404 of the Act approved May 17,
				  1921, P. L. 789, No. 285,
				  40
				  P. S. §
											184.
(3) Section 501 et seq. of the Act approved
				  May 17, 1921, P. L. 789, added by the Act of December 14, 1977, P. L. 280, No.
				  92, § 2,
				  40
				  P. S. §
											221.1 et seq.
(4) Section 3 of the Act approved June 23,
				  1931, P. L. 1178, No. 319,
				  68
				  P. S. §
											469.
(5) Sections 502 and 503 of the Act approved
				  May 15, 1933, P. L. 565, No. 111, as amended,
				  71
				  P. S. §§
											733-502,
				  733-503.
(6) Sections 605, 606, 701 of the Act
				  approved May 15, 1933, P. L. 565, No. 111, as amended,
				  71
				  P. S. §§
											733-605,
				  733-606,
				  733-701.
(7) Section 9(d) of the Act approved June 1,
				  1937, P. L. 1168, No. 294, as amended by Section 1 of the Act approved June 9,
				  1939, P. L. 293, No. 162,
				  43
				  P. S. §
											211.9(d).
(8) Sections 4, 6 to 14, inclusive, 16, 17,
				  of the Act approved June 2, 1937, P. L. 1198, No. 308,
				  43
				  P. S. §§
											206d,
				  206f to
				  206n, inclusive, 206p,
				  206q.
(9) Sections 601 to 602 of
				  the Act approved June 22, 1937, P. L. 1987, No. 394, as amended,
				  35
				  P. S. §§
											691.601,
				  691.602.
(10) Sections 1984 to 1986 of the
				  Associations Code,
				  15 Pa.C.S. §§
											1984 to
				  1986, insofar as they
				  relate to the appointment of receivers in corporate dissolutions.
(11) Section 502 of the Public Utility Code,
				  66 Pa.C.S. §
											502.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter A - RULES › Rule 1550 - Acts of Assembly Suspended

Current through Register Vol. 54, No. 28, July 13, 2024
The following Acts of Assembly are suspended insofar as
					 they apply to the practice and procedure in a civil action to the extent
					 hereinafter set forth, in accordance with Article V, Section 10(c) of the
					 Constitution of 1968:
(1) Section 7 of
				  the Act of April 11, 1929, P. L. 488, No. 205,
				  3 P.
				  S. §
											297, insofar as it relates to
				  venue.
(2) Section 121 of the Act
				  of July 17, 1961, P. L. 659,
				  52
				  P. S. §
											701-121, insofar as it relates
				  to venue.
(3) Section 1201 of the
				  Act of November 10, 1965, P. L. 721, No. 346,
				  52
				  P. S. §
											70-1201, insofar as it relates
				  to venue.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1551 - Form of Action

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided in this chapter, the procedure
					 in an action for the partition of real estate shall be in accordance with the
					 rules relating to the civil action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1552 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
An action for the partition of real property, including an
					 action in which the Commonwealth is a party, may be brought in and only in a
					 county in which all or any part of any property which is the subject matter of
					 the action is located.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1553 - Parties

Current through Register Vol. 54, No. 28, July 13, 2024
An action for partition may be brought by any one or more
					 co-tenants. All other co-tenants shall be joined as defendants.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1554 - Specific Averments

Current through Register Vol. 54, No. 28, July 13, 2024
The complaint shall include
(a) a description of the property
				  and
(b) a statement of the nature
				  and extent of the interest of each party in the property.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1555 - Pleading More Than One Cause of Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The plaintiff may state in the complaint
				  causes of action for the partition of all or any part of any properties in
				  which the plaintiff and the defendants are co-tenants, irrespective of their
				  location in the Commonwealth or of the proportion of the plaintiff's interest
				  in the several properties.
(b) If
				  the rights of all the parties are derived from a common source of title, causes
				  of action may be joined even though one or more of the defendants are
				  co-tenants of less than all the properties.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1556 - Counterclaim

Current through Register Vol. 54, No. 28, July 13, 2024
A defendant may counterclaim for the partition of any or
					 all property which the plaintiff might have included in the complaint.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1557 - Order Directing Partition. Post-Trial Relief

Current through Register Vol. 54, No. 28, July 13, 2024
If the court determines that there shall be partition
					 because of a default or admission or after a hearing or trial, the court shall
					 enter an order directing partition which shall set forth the names of all the
					 co-tenants and the nature and extent of their interests in the property. No
					 exceptions may be filed to an order directing partition.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1558 - Preliminary Conference Appointment of Hearing Officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The court, after the entry of the order
				  directing partition, shall direct the parties or their attorneys to appear for
				  a preliminary conference to consider
(1)
				  whether the parties can agree upon a plan of partition or sale;
(2) the simplification of the
				  issues;
(3) whether any issues or
				  matters relating to the carrying out of the order of partition shall be
				  referred to a hearing officer; and
(4) such other matters as may aid in the
				  disposition of the action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1559 - Hearing Officer Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A hearing officer who is appointed by the court shall make
					 such examinations and hold such hearings as may be necessary, giving reasonable
					 notice thereof. The hearing officer may employ appraisers and, with the
					 authorization of the court, such other experts as are necessary to enable the
					 hearing officer to perform the duties of the appointment.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1560 - Property Capable of Division Without Prejudice

Current through Register Vol. 54, No. 28, July 13, 2024
If division can be made without prejudice to or spoiling
					 the whole, the property shall be divided as follows:
(a) into as many purparts as there are
				  parties entitled thereto, the purparts being proportionate in value to the
				  interests of the parties;
(b) if it
				  cannot be divided as provided in Subdivision (a), then into as many purparts as
				  there are parties entitled thereto, without regard to proportionate
				  value;
(c) if it cannot be divided
				  as provided in Subdivisions (a) or (b), then into such number of purparts as
				  shall be most advantageous and convenient without regard to the number of
				  parties.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1561 - Property Capable of Proportionate Division. Award

Current through Register Vol. 54, No. 28, July 13, 2024
Property divided under Rule 1560(a) shall be awarded to the
					 parties according to their respective interests.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1562 - Property Not Capable of Proportionate Division. Award

Current through Register Vol. 54, No. 28, July 13, 2024
Subject to acceptance or refusal and private sale among the
					 parties as hereinafter provided, property not capable of division under Rule
					 1560(a) but capable of division under Rule 1560(b) or (c), shall be awarded
					 equitably among the parties with appropriate provisions for owelty. Sums
					 payable as owelty shall be secured and paid in such manner and time as the
					 court shall direct.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1563 - Property Not Capable of Division Without Prejudice. Sale. Objections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
				  otherwise provided in Subdivision (b), property not capable of division without
				  prejudice to or spoiling the whole shall be offered for private sale confined
				  to the parties.
(b) Parties
				  defendant owning a majority in value of the property may object in writing to
				  any sale, requesting that the property be awarded to them at its valuation
				  fixed by the court and that their interests in the same remain undivided. Upon
				  such request the entire property shall be awarded to the parties objecting to
				  sale, as tenants in common, subject to payment to the parties desiring
				  partition and sale of the amounts of their respective interests based upon the
				  valuation. The amounts due the parties shall be charged as liens upon the
				  property, to be paid in such manner and time as the court shall
				  direct.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1564 - Life Estates

Current through Register Vol. 54, No. 28, July 13, 2024
Property subject to a life estate may be partitioned upon
					 the entry of security as the court may direct conditioned upon the payment of
					 annual rental value, interest or income of such property to the life tenant. If
					 a life tenant is entitled to exclusive possession of any part of the premises
					 subject to partition, the court may deny partition of that part or may direct
					 partition subject to such exclusive right of possession.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1565 - Retention of Undivided Interests Election Parties Not Appearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The court shall
				  permit the shares of any two or more co-tenants to remain undivided between
				  them if they so elect by writing filed within such time as the court or hearing
				  officer shall direct.
(b) The court
				  may permit the shares of any two or more co-tenants who do not appear in the
				  action to remain undivided between them.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1566 - Preliminary Determination. Notice to Accept or Reject. Private Sale Confined to Parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Preliminary
				  notice of the proposed partition and allotment of purparts under Rule 1560(b)
				  or (c) or the inability to partition the property as provided under Rule 1563
				  shall be given to the parties in such manner as the court by local rule or
				  special order shall direct.
(b)
(1) The notice in the case of proposed
				  partition under Rule 1560(b) or (c) shall require the parties within twenty
				  days after service thereof to accept or reject the proposed plan of allocation.
				  The notice in the case of inability to partition shall state that the property
				  will be sold unless objection is made as provided in Rule 1563(b).
(2) The notice shall include a description of
				  the property and the proposed partition, the valuation of the property as a
				  whole and of the purparts, if any, into which it is proposed to be divided, the
				  mortgages, liens, encumbrances or charges which affect the whole or any part of
				  the property and the amounts due thereon. A plan or map of the proposed
				  division of the property may be attached to the notice.
(3) In lieu of the detailed information set
				  forth in Subdivision (2), the notice may specify a place within the county
				  where the proposed plan and information may be examined.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1567 - Private Sale Confined to Parties. Conduct. Confirmation

Current through Register Vol. 54, No. 28, July 13, 2024
In any private sale confined to the parties, the property,
					 if divided into purparts, shall be offered for sale both in purparts and as a
					 whole to determine which will bring the greater price. No sale of the whole
					 shall be confirmed unless the amount bid equals or exceeds the valuation of the
					 whole fixed by the court. No sale of any purpart shall be confirmed unless the
					 amount bid for such purpart equals or exceeds its valuation as fixed by the
					 court. The award and allocation to the successful bidder shall be made subject
					 to the payment of owelty where required.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1568 - Public Sale

Current through Register Vol. 54, No. 28, July 13, 2024
If a private sale of the property or of any purpart is not
					 confirmed under Rule 1567, the property or purpart shall be sold at public sale
					 or at private sale not confined to the parties, as the court may direct.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1569 - Hearing Officer's Report Exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A hearing officer who is appointed by the
				  court shall file a report with respect to the matters submitted. The report
				  shall follow the form of decision in Rule 1570, insofar as the scope of the
				  reference to the hearing officer permits.
(b) The hearing officer shall give all
				  persons in interest written notice of the date on which the hearing officer
				  intends to file the report and proposed order and shall specify an address
				  within the county where they may be examined. The hearing officer may change
				  the report and proposed order as the hearing officer deems proper before filing
				  them, but if any changes are made written notice thereof shall be given to all
				  parties.
(c) Within ten days after
				  notice of the filing of the report, exceptions may be filed by any party to
				  rulings on evidence, to findings of fact, to conclusions of law, and to the
				  proposed order. The court may, with or without taking testimony, remand the
				  report, or enter a decision in accordance with Rule 1570 which may incorporate
				  by reference the findings and conclusions of the hearing officer in whole or in
				  part.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1570 - Decision and Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  decision shall include findings of fact as follows:
(1) whether the property is capable of
				  division, without prejudice to or spoiling the whole, into purparts
				  proportionate in value to the interests of the co-tenants;
(2) The number of purparts into which the
				  property can be most advantageously divided, if partition proportionate in
				  value to the interests of the parties cannot be made;
(3) The value of the entire property and of
				  the purparts;
(4) the mortgages,
				  liens and other encumberances or charges which affect the whole or any part of
				  the property and the amount due thereon;
(5) The credit which should be allowed or the
				  charge which should be made, in favor of or against any party because of use
				  and occupancy of the property, taxes, rents or other amounts paid, services
				  rendered, liabilities incurred or benefits derived in connection therewith or
				  therefrom;
(6) whether the
				  interests of persons who have not appeared in the action, or of defendants who
				  have elected to retain their shares together shall remain undivided;
(7) whether the parties have accepted or
				  rejected the allocation of the purparts or bid therefore at private sale
				  confined to the parties; and
(8)
				  whether a sale of the property or any purpart not confined to the parties is
				  required and if so, whether a private or public sale will in its opinion yield
				  the better price.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1571 - Trustees to Satisfy Liens and Charges

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The court, upon motion of any party or
				  person in interest, or upon recommendation of the hearing officer, may appoint
				  a trustee to receive payment of:
(1) any sum
				  due any party or person in whose favor a lien exists and who is unknown or
				  cannot be found;
(2) a principal
				  sum necessary to secure the payment of any amount charged upon property to be
				  partitioned;
(3) The purchase price
				  of any property sold in partition which is subject to a life estate and
				  remainder.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1572 - Sale Not Confined to Parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A sale
				  not confined to the parties shall be conducted in such manner and upon such
				  terms as the court shall direct by local rule or in the order of sale. It shall
				  be subject to the power of the court to order a resale because of inadequacy of
				  price.
(b) A public sale shall be
				  held at such time and place as the court may direct. It shall be advertised in
				  each county where any part of the property lies.
(c) A purchaser who is a party or a lien
				  holder whose lien is discharged by the sale shall be allowed a credit equal to
				  the amount of his or her distributive interest in the purchase price, less any
				  charges assessed against him or her. The excess of the bid shall be paid in
				  cash.
(d) If the court directs a
				  hearing officer to conduct the sale, the hearing officer, before accepting
				  payment for the property, shall file a bond in double the amount of the payment
				  or in such lesser amount as shall be fixed by the court.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1573 - Return of Sale and Schedule of Distribution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Where the sale has been conducted by a
				  hearing officer, the hearing officer shall promptly file with the prothonotary
				  a return of sale together with a proposed order which shall
(1) confirm the sale;
(2) authorize the hearing officer to execute
				  and deliver to the purchaser all necessary deeds and other instruments of
				  title;
(3) contain appropriate
				  provisions for the protection of life tenants, unborn and unascertained
				  remaindermen, persons whose whereabouts are unknown, or other persons in
				  interest, and for the release or discharge of such interests;
(4) direct distribution of the proceeds to
				  the persons or parties entitled; and
(5) provide for the payment of
				  costs.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter B - PARTITION OF REAL PROPERTY › Rule 1574 - Costs and Counsel Fees

Current through Register Vol. 54, No. 28, July 13, 2024
Costs shall be paid by the parties in proportion to their
					 interests in the property. The compensation of appraisers, the hearing
					 officer's fee, and compensation of experts authorized by the court shall be
					 taxed as part of the costs. Reasonable counsel fees may be charged against the
					 property or fund resulting therefrom, and apportioned among the parties and
					 their counsel in such amount and manner as the court shall deem
					 equitable.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1500 - EQUITABLE RELIEF › Subchapter F - ACTS OF ASSEMBLY NOT SUSPENDED › Rule 1590 - Partition of Real Property. Acts of Assembly Not Suspended

Current through Register Vol. 54, No. 28, July 13, 2024
The rules governing partition of real property shall not be
					 deemed to suspend or affect
(1)
				  Section 1 of the Act approved June 24, 1895, P. L. 237,
				  68
				  P. S. §
											101.
(2) Sections 5 and 6 of the Act approved
				  April 22, 1943, P. L. 68,
				  16
				  P. S. §§
											9905,
				  9906.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1600 - ACTION FOR DECLARATORY JUDGMENTS › Rule 1601 - Action for Declaratory Relief Alone. Jury Trial. Waiver

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Caption.
A plaintiff seeking only declaratory
				relief shall commence an action by filing a complaint captioned ''Action for
				Declaratory Judgment.'' The practice and procedure shall follow, as nearly as
				may be, the rules governing the civil action.
(b)
Jury Trial Demand and
				Waiver.
If the right to trial by jury of disputed issues of
				fact exists in such an action, it shall be deemed waived unless demanded in the
				time and manner provided by Rule
				1007.1.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1600 - ACTION FOR DECLARATORY JUDGMENTS › Rule 1602 - Declaratory Judgment as Ancillary Relief

Current through Register Vol. 54, No. 28, July 13, 2024
In any civil action, a party may include in the claim for
				  relief a prayer for declaratory relief and the practice and procedure shall
				  follow, as nearly as may be, the rules governing that action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1600 - ACTION FOR DECLARATORY JUDGMENTS › Rule 1603 - Effective Date. Pending Action

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall apply to all actions pending on the
				  effective date. If pleadings have heretofore been filed under the original
				  practice, the court may permit the action to proceed upon those pleadings, or
				  may in an appropriate case permit or direct the filing of amended or
				  supplemental pleadings.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1600 - ACTION FOR DECLARATORY JUDGMENTS › Rule 1604 - Suspension of Acts of Assembly. Abolition of Practice and Procedure Under Repealed Statutes

Current through Register Vol. 54, No. 28, July 13, 2024
After the effective date of these rules,
(a) all Acts or parts of Acts of Assembly
				inconsistent with these rules are suspended to the extent of such
				inconsistency; and
(b) -
(1) the practice and procedure provided in
				all former Acts of Assembly governing declaratory judgments, which have been
				repealed effective June 27, 1978 and June 27, 1979 by the Judiciary Act
				Repealer Act (JARA), Act of April 28, 1978, No. 53, and which are now part of
				the common law of the Commonwealth by virtue of Section 3(b) of JARA, are
				hereby abolished and shall not continue as part of the common law of the
				Commonwealth; and
(2) with respect
				to all Acts of Assembly relating to such practice and procedure, repeal of
				which will become effective June 27, 1980 as provided by Section 4(b) of JARA,
				this is a general rule within the meaning of Section 3(b) of JARA and the
				practice and procedure provided in those Acts of Assembly shall not continue as
				part of the common law of the Commonwealth.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1650 - ACTIONS IN MECHANICS' LIENS › Rule 1651 - Definitions. Conformity Civil Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in this chapter
Claim-a mechanics' lien claim which has been filed;
Action-an action to obtain judgment upon a claim.
(b) Except as otherwise provided
				in this chapter, the procedure to obtain judgment upon a claim shall be in
				accordance with the rules relating to a civil action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1650 - ACTIONS IN MECHANICS' LIENS › Rule 1652 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The action
				shall be commenced in and only in the county in which the claim has been
				filed.
(b) Where the property
				liened is located in more than one county and claims have been filed in more
				than one county, the action may be brought in any such county.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1650 - ACTIONS IN MECHANICS' LIENS › Rule 1653 - Commencement of Action

Current through Register Vol. 54, No. 28, July 13, 2024
An action shall be commenced by filing a complaint with the
				  prothonotary. The complaint shall be filed under the same docket number as the
				  claim for the mechanics' lien.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1650 - ACTIONS IN MECHANICS' LIENS › Rule 1654 - Defendant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The plaintiff
				shall name as defendant the owner named in the claim and the owner, if known,
				at the time the action is commenced.
(b) If the last owner of record prior to the
				commencement of the action has died, the plaintiff shall name as a defendant
				the personal representative, heir or devisee of such owner, if known.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1650 - ACTIONS IN MECHANICS' LIENS › Rule 1656 - The Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				plaintiff shall set forth in the complaint
(1) the name and address of each party to the
				action and, if the action is commenced by a subcontractor, the name and address
				of the contractor;
(2) the date of
				the filing of the claim; and
(3) a
				demand for judgment.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1650 - ACTIONS IN MECHANICS' LIENS › Rule 1657 - Joinder of Causes of Action Prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
No other cause of action may be joined with an action to
				  obtain judgment on a claim except that where the improvement is located in more
				  than one county and claims have been filed in more than one of said counties
				  the plaintiff may join the claims in a single action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1650 - ACTIONS IN MECHANICS' LIENS › Rule 1658 - Set-Off. Counterclaim

Current through Register Vol. 54, No. 28, July 13, 2024
A set-off arising from the same transaction or occurrence
				  upon which the claim is based may be pleaded as new matter. No counterclaim may
				  be asserted.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1650 - ACTIONS IN MECHANICS' LIENS › Rule 1659 - Compelling Commencement of Action

Current through Register Vol. 54, No. 28, July 13, 2024
If a claimant has filed a claim and does not file a
				  complaint, the prothonotary, upon praecipe of an owner, shall enter a rule as
				  of course upon the claimant to file a complaint within twenty days after
				  service of the rule, or be forever barred from so doing. If the claimant fails
				  to do so, the prothonotary, upon praecipe of the owner and proof of service,
				  shall enter judgment for the defendant.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1701 - Definitions. Conformity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As
				used in this chapter
"Class action" means any action brought by or against parties
				  as representatives of a class until the court by order refuses to certify it as
				  such or revokes a prior certification under these rules.
"Residual funds" are funds that remain after the payment of
				  all approved class member claims, expenses, litigation costs, attorney's fees,
				  and other court approved disbursements to implement relief granted.
(b) Except as otherwise provided
				in this chapter, the procedure in a class action shall be in accordance with
				the rules governing the form of action in which relief is sought.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1702 - Prerequisites to a Class Action

Current through Register Vol. 54, No. 28, July 13, 2024
One or more members of a class may sue or be sued as
				  representative parties on behalf of all members in a class action only
				  if
(1) the class is so numerous that
				joinder of all members is impracticable;
(2) there are questions of law or fact common
				to the class;
(3) the claims or
				defenses of the representative parties are typical of the claims or defenses of
				the class;
(4) the representative
				parties will fairly and adequately assert and protect the interests of the
				class under the criteria set forth in Rule 1709; and
(5) a class action provides a fair and
				efficient method for adjudication of the controversy under the criteria set
				forth in Rule 1708.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1700 - CLASS ACTIONS › Rule 1703 - Commencement of Action. Assignment to a Judge

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A class action shall be commenced only by
				the filing of a complaint with the prothonotary.
(b) Upon the filing of the complaint the
				action shall be assigned forthwith to a judge who shall be in charge of it for
				all purposes.