Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 100 - RULES OF CONSTRUCTION › Rule 76 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and phrases when used in the Rules of
				  Civil Procedure shall have the following meanings, respectively, unless the
				  context clearly indicates otherwise or the particular word or phrase is
				  expressly defined in the chapter in which the particular rule is
				  included:
Administrator
-A fiduciary appointed under
				  authority of law by a register of wills or other public authority to administer
				  the estate of a decedent.
Adult
-An individual eighteen years of age or
				  over.
Affidavit
-A statement in writing of a fact
				  or facts signed by the person making it, that either (1) is sworn to or
				  affirmed before an officer authorized by law to administer oaths, or before a
				  particular officer or individual designated by law as one before whom it may be
				  taken, and officially certified to in the case of an officer under seal of
				  office, or (2) is unsworn and contains a statement that it is made subject to
				  the penalties of
				  18 Pa.C.S. §
										4904
				  relating to unsworn falsification to authorities.
As now provided by law
-A reference to the
				  Acts of Assembly and rules in force at the time the rule containing the phrase
				  was promulgated.
As provided by law
-A reference to the Acts
				  of Assembly and rules in force at the particular time when the rule containing
				  the phrase is applied.
Attorney at law
-An individual admitted to
				  practice law by a court of record of this Commonwealth.
Attorney of record
-An attorney at law who is
				  entered on the docket or record of a court as appearing for or representing a
				  party in a legal proceeding.
Child
or
children
-Includes
				  children by birth or adoption.
Commonwealth
-The Commonwealth of
				  Pennsylvania.
Competent adult
-An individual eighteen years
				  of age or older who is neither a party to the action nor an employee or a
				  relative of a party.
Creditor
-One to whom the performance of an
				  obligation is owed.
Debtor
-One who owes to another the
				  performance of an obligation.
Decedent
-Either a testator or person dying
				  intestate.
Executor
-A fiduciary named in a will to
				  execute its provisions and administer the estate of the testator.
Facsimile copy
-A copy of a document
				  transmitted and received by facsimile equipment.
Fiduciary
-An executor, administrator,
				  guardian, committee, receiver, trustee, assignee for the benefit of creditors,
				  and any other person, association, partnership, or corporation, acting in any
				  similar capacity.
General rule
-A Rule of Civil Procedure
				  promulgated by the Supreme Court of Pennsylvania under the authority of Article
				  V, Section 10(c) of the Constitution of 1968 or of any Act of Assembly.
Grantee
-One to whom any estate or interest
				  in real property other than a leasehold passes by conveyance.
Grantor
-One from or by whom any estate or
				  interest in real property other than a leasehold passes by conveyance.
Guardian
-A fiduciary legally entrusted with
				  the care and management of the person, or the estate, or both, of a person
				  under a legal disability.
Ad litem
-A fiduciary who is appointed to
				  represent in legal proceedings a person under a legal disability.
Hereafter
-A reference to the time after the
				  time when the rule containing such word becomes effective.
Heretofore
-A reference to the time previous
				  to the time when the rule containing such word becomes effective.
Judicial sale
-A sale conducted by an officer
				  or person authorized for the purpose by some competent tribunal.
Local rule
-A rule of civil procedure
				  promulgated by a court of common pleas.
Majority
-When used in reference to age,
				  means of the age of eighteen years or over.
Minor
-An individual under the age of
				  eighteen years.
Month
-A calendar month.
Notary
-A notary public.
Oath
-Includes affirmation.
Person
-Includes a corporation, partnership
				  and association, as well as a natural person.
Personal representative
-The executor or
				  administrator of a decedent.
Political subdivision
-Any county, city,
				  borough, incorporated town, township, school district, vocational school
				  district, county institution district or municipal or other local
				  authority.
Property
-Includes both real and personal
				  property.
Prothonotary
-Includes any officer
				  exercising the powers and performing the duties of the office of prothonotary
				  as set forth in the Judicial Code, and includes the analogous officer in those
				  counties which do not have a prothonotary.
Publish
or
published or as applied
				  to the publication of a newspaper of general circulation
-Means the
				  place where such newspaper is originally issued and circulated.
Registered mail
-Either registered mail or
				  certified mail.
Rule
-A Rule of Civil Procedure promulgated
				  by the Supreme Court under the authority of Article V, Section 10(c) of the
				  Constitution of 1968, or of any Act of Assembly.
Savings account
-An account in a bank,
				  building and loan association, savings and loan association or other savings
				  institution, in which money is deposited at interest, and subject to withdrawal
				  in whole or in part without notice or after a specified period of notice or at
				  a specified date, and evidenced by a passbook, receipt, certificate of deposit
				  or other muniment of title.
Signature
-Includes
(1) mark when the individual cannot write,
				the individual's name being written near it, and witnessed by another who
				writes his or her own name,
(2) when
				used in reference to documents produced by a court of the Unified Judicial
				System, a handwritten signature, a copy of a handwritten signature, a computer
				generated signature or a signature created, transmitted, received, or stored by
				electronic means, by the signer or by someone with the signer's authorization
				unless otherwise provided in these rules.
Sworn
-Includes affirmed.
Verified
-When used in reference to a
				  written statement of fact by the signer, means supported by oath or affirmation
				  or made subject to the penalties of
				  18 Pa.C.S. §
										4904
				  relating to unsworn falsification to authorities.
Year
-A calendar year.