reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1071 - Conformity to Civil Action

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided in this chapter, the procedure
					 in the action of replevin from the commencement to the entry of judgment shall
					 be in accordance with the rules relating to a civil action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1072 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
The action may be brought in a county in which a civil
					 action may be brought or in the county in which the property to be replevied is
					 found.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1073 - Commencement of Action

Current through Register Vol. 54, No. 28, July 13, 2024
An action of replevin shall be commenced by filing a
					 complaint with the prothonotary.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1073.1 - Complaint. Specific Averments. Verification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The plaintiff shall include in the
				  complaint:
(1) a description of the property
				  to be replevied.
(2) its
				  value,
(3) its location if known,
				  and
(4) The material facts upon
				  which plaintiff's claim is based.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1075 - Seizure of Property Before Judgment

Current through Register Vol. 54, No. 28, July 13, 2024
The property which is the subject matter of the action may
					 be seized by the sheriff before judgment pursuant to a writ of seizure. The
					 writ of seizure shall be issued only upon an order of court entered upon notice
					 and hearing pursuant to Rule
					 1075.1 or ex parte pursuant to
					 Rule 1075.2.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1075.1 - Writ of Seizure Upon Notice and Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After the complaint has been filed, the
				  plaintiff may move for the issuance of a writ of seizure whether or not the
				  complaint has been served. The court shall fix the date and time of the hearing
				  which shall not be less than forty-eight hours after filing the motion for the
				  writ of seizure.
(b) A copy of the
				  complaint shall be attached to the motion. If the motion includes additional
				  facts not averred in the complaint, it shall be verified in the same manner as
				  a complaint.
(c) Notice of the
				  hearing shall be substantially in the form provided by Rule 1353. It shall
				  inform the defendant and any other person found in possession of the property
				  of the place, date and time of the hearing. Service of the notice shall be made
				  not less than twenty-four hours before the hearing. When perishable property is
				  to be seized or if other cause is shown, the court may set a shorter time for
				  notice and hearing.
(d) The motion
				  and notice of the hearing may be served by any competent adult by leaving a
				  copy at the address endorsed on an appearance or prior pleading, but if there
				  is no such endorsement, then in the manner provided by Rule 402(a) for the
				  service of original process or, if that is not possible, then by any other
				  means reasonably calculated to give notice. The return of service shall be
				  governed by Rule 405.
(e) The
				  hearing shall be held whether or not the defendant or other person found in
				  possession of the property appears. If the court is satisfied that notice as
				  provided by this rule has been given or a reasonable attempt to give notice has
				  been made, it shall determine from the complaint, affidavits, testimony,
				  admissions or other evidence, whether the plaintiff has established the
				  probable validity of the claim and, if so, it may order a writ of seizure to be
				  issued upon the filing of a bond as provided by Rule 1075.3.
(f) The failure of a defendant or other
				  person found in possession of the property to appear or be represented at the
				  hearing shall not be considered a waiver of any right to defend the action or
				  to file a counterbond.
(g) If the
				  notice of the hearing has not been actually received notwithstanding a
				  reasonable attempt to give notice, the defendant or any other person claiming
				  the right to possession may, within seventy-two hours after seizure, petition
				  to vacate the writ of seizure.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1075.2 - Ex Parte Issuance of Writ of Seizure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After the complaint has been filed, a
				  writ of seizure may be issued by the court ex parte at any time upon motion of
				  the plaintiff, upon the filing of a bond as provided by Rule
				  1075.3 if plaintiff satisfies the
				  court of the probable validity of the claim to possession and that there is
				  probable cause to believe that before notice can be given or hearing held.
(1) The value of the property and the
				  plaintiff's interest therein will be adversely affected by the continued
				  possession and use by the defendant; or
(2) The defendant or other person in
				  possession will conceal, dispose, encumber, waste the property or the revenues
				  therefrom, if any, or remove the same from the county.
If the motion includes additional facts not averred in the
					 complaint, it shall be verified in the same manner as a complaint.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1075.3 - Writ of Seizure. Bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The writ of
				  seizure shall be substantially in the form provided by Rule 1354.
(b) The plaintiff's bond shall be in double
				  the value of the property averred in the complaint with security approved by
				  the prothonotary, naming the Commonwealth as obligee, conditioned that if the
				  plaintiff fails to maintain the right to possession of the property the
				  plaintiff shall pay to the party entitled thereto the value of the property and
				  all legal costs, fees and damages sustained by reason of the issuance of the
				  writ.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1075.4 - Service of the Writ of Seizure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The sheriff shall serve the writ of seizure, together with a copy of the
				  complaint and motion for ex parte issuance of the writ if the writ has been
				  issued ex parte, upon the defendant and any person not a party who is found in
				  possession of the property, in the manner provided by Rule 402(a) for service
				  of original process and shall take possession of the property.
(b) When a person in possession of the
				  property who is not a party to the action is served with a writ of seizure, the
				  sheriff shall notify the person that he or she has been added as a defendant
				  and is required to defend the action and shall so state in the return and the
				  person shall thereupon become a defendant in the action. Copies of all prior
				  pleadings and motions not previously furnished to the person shall be forthwith
				  served upon him or her by the plaintiff in the manner provided by Rule
				  440.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1075.5 - Duration of Validity of Writ of Seizure

Current through Register Vol. 54, No. 28, July 13, 2024
The writ of seizure shall remain valid until served and
					 need not be reissued.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1076 - Counterbond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A counterbond
				  may be filed with the prothonotary by a defendant or intervenor claiming the
				  right to the possession of the property, except a party claiming only a lien
				  thereon, within seventy-two hours after the property has been seized, or within
				  seventy-two hours after service upon the defendant when the taking of
				  possession of the property by the sheriff has been waived by the plaintiff as
				  provided by Rule 1077(a), or within such extension of time as may be granted by
				  the court upon cause shown.
(b) The
				  counterbond shall be in the same amount as the original bond, with security
				  approved by the prothonotary, naming the Commonwealth of Pennsylvania as
				  obligee, conditioned that if the party filing it fails to maintain the right to
				  possession of the property he or she shall pay to the party entitled thereto
				  the value of the property, and all legal costs, fees and damages sustained by
				  reason of the delivery of the seized property to the party filing the
				  counterbond.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1077 - Disposition of Seized Property. Sheriff's Return

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a writ of seizure is issued, the
				  sheriff shall leave the property during the time allowed for the filing of a
				  counterbond in the possession of the defendant or of any other person found in
				  possession of the property if the plaintiff so authorizes the sheriff in
				  writing.
(b) Property taken into
				  possession by the sheriff shall be held by the sheriff until the expiration of
				  the time for filing a counterbond. If the property is not ordered to be
				  impounded and if no counterbond is filed, and if no proceedings are pending and
				  undecided under Rule
				  1075.1(g) or
				  Rule 1075.2(c), the
				  sheriff shall deliver the property to the plaintiff.
(c) If the property is not ordered to be
				  impounded and the person in possession at the time the sheriff executed the
				  writ of seizure files a counterbond, the property shall be delivered to that
				  person. If that person does not file a counterbond, the property shall be
				  delivered to the party first filing a counterbond.
(d) When perishable property is seized the
				  court may make such order relating to its sale or disposition as shall be
				  proper.
(e) The return of the
				  sheriff to the writ of seizure shall state the disposition made by the sheriff
				  of the property and the name and address of any person found in possession of
				  the property.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1078 - Exemption of Property. Preliminary Objection

Current through Register Vol. 54, No. 28, July 13, 2024
The objection of immunity or exemption of property from
					 replevin shall be raised by preliminary objection.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1079 - Impounding Property

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior
				  to the delivery of the property by the sheriff to any party, a petition may be
				  filed by any party requesting the court to order the property to be impounded
				  in the custody of the sheriff or such other person as the court may
				  direct.
(b) The court shall order
				  the property to be impounded if
(1) the
				  circumstances are such that the petitioner if found entitled to the property
				  would not be adequately compensated for its loss by the payment of its
				  pecuniary value, and
(2) the
				  petitioner furnishes security for the payment of storage charges and other
				  expenses incidental to impounding of the property.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1079.1 - Special Equitable Relief

Current through Register Vol. 54, No. 28, July 13, 2024
The pendency of an action shall not impair the right of any
					 party to separate and independent equitable relief.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1080 - Objections to Bond

Current through Register Vol. 54, No. 28, July 13, 2024
The court, upon petition filed by any party, and after
					 notice and hearing, may
(1) review the
				  action of the prothonotary in approving or rejecting the security
				  offered;
(2) increase or decrease
				  the amount of any bond or require additional security for cause
				  shown;
(3) strike off a bond
				  improperly filed; or
(4) permit the
				  substitution of a bond and enter an exoneration of a prior bond.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1081 - Concealment of Property. Examination of Defendant

Current through Register Vol. 54, No. 28, July 13, 2024
The court, at any time during the pendency of the action,
					 upon the petition of the plaintiff setting forth
(1) that the plaintiff is without knowledge
				  of the location of the property and has not been able with reasonable diligence
				  to ascertain its location; or
(2)
				  that the sheriff has been unable to locate the property; or
(3) that the defendant has concealed, removed
				  or transferred the property, may order the defendant to appear and be examined
				  orally under oath as to the whereabouts of the property. The court may enforce
				  its order by attachment. If a writ of seizure has been issued, the court may
				  order the defendant to deliver the property to the sheriff if it is within the
				  county or has been removed from the county for the purpose of preventing its
				  recovery.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1082 - Counterclaim. Lien. Conditional Verdict

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A claim secured by a lien on the property
				  may be set forth as a counterclaim. No other counterclaim may be
				  asserted.
(b) If any party is found
				  to have a lien upon the property the court may enter a conditional verdict in
				  order to enforce the rights of all parties.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1083 - Judgment in Rem for Property When Defendant is Not Served and Does Not Appear

Current through Register Vol. 54, No. 28, July 13, 2024
If the property has been seized by the sheriff, the court,
					 upon motion of the plaintiff after forty-five days from seizure of the
					 property, may enter judgment in rem for the property against any defendant who
					 has not been served and who has not appeared in the action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1084 - Judgment Before Trial When Defendant is Served or Appears

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the defendant is served or appears in
				  the action and judgment is entered before trial for the party in possession of
				  the property, the judgment shall determine the party's right to
(1) retain possession of the property,
				  and
(2) recover special damages, if
				  any.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1085 - Judgment After Trial

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If judgment
				  is entered after trial for the party in possession of the property, the
				  judgment shall determine
(1) the party's right
				  to retain possession of the property, and
(2) the amount of any special damages
				  sustained.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1087 - Trial Without Jury

Current through Register Vol. 54, No. 28, July 13, 2024
The trial of actions in replevin by a judge sitting without
					 a jury shall be in accordance with Rule 1038.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter E - ACTION IN REPLEVIN › Rule 1088 - Acts of Assembly Not Suspended

Current through Register Vol. 54, No. 28, July 13, 2024
The rules of civil procedure shall not be deemed to suspend
					 or affect:
(1) Section 1 of the Act
				  approved May 7, 1925, P. L. 557, No. 300,
				  6 P.
				  S. §
											11.
(2) Section 7 of the Act approved June 10,
				  1931, P. L. 492, No. 156,
				  3 P.
				  S. §
											635.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter F - ACTION IN MANDAMUS › Rule 1091 - Conformity to Civil Action

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided in this chapter, the procedure
					 in the action of mandamus shall be in accordance with the rules relating to a
					 civil action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter F - ACTION IN MANDAMUS › Rule 1092 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An action
				  brought in a court of common pleas by the Commonwealth on the relation of the
				  Attorney General may be brought only in
(1)
				  the county where a political subdivision is located when the action is against
				  the political subdivision or an officer thereof, or
(2) the county where the registered office or
				  principal place of business of a corporation or similar entity is located when
				  the action is against the corporation or similar entity or an officer
				  thereof.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter F - ACTION IN MANDAMUS › Rule 1094 - Parties Defendant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
				  an action is commenced to compel performance of a public act or duty by a
				  political subdivision of the Commonwealth, it shall be sufficient to name as
				  defendants such officers in their official capacities as are concerned in the
				  act or duty.
(b) When an action is
				  commenced against a corporation or similar entity, it shall be joined as a
				  defendant with the particular person or body of persons concerned in the
				  performance of the act or duty.
(c)
				  When a public act or duty is required to be performed by an executive or
				  administrative department, by a departmental administrative board or commission
				  or by an independent administrative board or commission of the Commonwealth or
				  by a board or body of a political subdivision, it shall be sufficient to name
				  the department, board, commission or body as the defendant without joining as a
				  defendant the head of the department or the members of the board, commission or
				  body.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter F - ACTION IN MANDAMUS › Rule 1095 - The Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
The plaintiff shall set forth in the complaint:
(1) The name and description of the plaintiff
				  and defendant;
(2) The facts upon
				  which plaintiff relies for the relief sought;
(3) The act or duty the defendant is required
				  to perform and the refusal to perform it;
(4) The interest of the plaintiff in the
				  result;
(5) The damages, if
				  any;
(6) The want of any other
				  adequate remedy at law;
(7) a
				  prayer for the entry of a judgment against the defendant commanding that the
				  defendant perform the act or duty required to be performed and for damages, if
				  any, and costs.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter F - ACTION IN MANDAMUS › Rule 1098 - Peremptory Judgment

Current through Register Vol. 54, No. 28, July 13, 2024
At any time after the filing of the complaint, the court
					 may enter judgment if the right of the plaintiff thereto is clear. Judgment
					 shall not be entered without prior notice to all parties unless the exigency of
					 the case is such as to require action before notice, in which event notice
					 shall be given as soon as possible.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter F - ACTION IN MANDAMUS › Rule 1099 - Trial Without Jury

Current through Register Vol. 54, No. 28, July 13, 2024
The trial of actions in mandamus by a judge sitting without
					 a jury shall be in accordance with Rule 1038.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter F - ACTION IN MANDAMUS › Rule 1100 - Suspension of Acts of Assembly

Current through Register Vol. 54, No. 28, July 13, 2024
Section 1 of the Act approved May 9, 1889, P. L. 154, No.
					 171, 52 P. S. §
											1, insofar as
					 it relates to actions of mandamus to recover bodies of entombed coal miners, 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 1000 - ACTIONS › Subchapter G - ACTION IN QUO WARRANTO › Rule 1111 - Conformity to Civil Action

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided in this chapter, the procedure
					 in the action of quo warranto shall be in accordance with the rules relating to
					 civil action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter G - ACTION IN QUO WARRANTO › Rule 1112 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An action
				  brought in a court of common pleas by the Commonwealth on the relation of the
				  Attorney General may be brought only in
(1)
				  the county where a political subdivision is located when the action is against
				  an officer thereof, or
(2) the
				  county where a municipal corporation is located when the action concerns the
				  validity of its charter, or
(3) the
				  county where a corporation or similar entity has its registered office or
				  principal place of business when the action concerns the validity of its
				  charter or the exercise of a right, franchise or privilege or is against an
				  officer thereof.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter G - ACTION IN QUO WARRANTO › Rule 1114 - Trial Without Jury

Current through Register Vol. 54, No. 28, July 13, 2024
The trial of actions in quo warranto by a judge sitting
					 without a jury shall be in accordance with Rule 1038.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter I - ACTION OF MORTGAGE FORECLOSURE › Rule 1141 - Definition. Conformity to Civil Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in this chapter,
"action" means an action to foreclose a mortgage upon any
					 estate, leasehold or interest in land, or upon both personal property and an
					 estate, leasehold or interest in land pursuant to Section 9604(a) of the
					 Uniform Commercial Code, but shall not include an action to enforce a personal
					 liability.
(b) Except as
				  otherwise provided in this chapter, the procedure in the action shall be in
				  accordance with the rules relating to civil action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter I - ACTION OF MORTGAGE FORECLOSURE › Rule 1142 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
The action may be brought in and only in a county in which
					 the land or a part of the land is located.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter I - ACTION OF MORTGAGE FORECLOSURE › Rule 1144 - Parties. Release of Liability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  plaintiff shall name as defendants
(1) The
				  mortgagor;
(2) The personal
				  representative, heir or devisee of a deceased mortgagor, if known;
				  and
(3) The real owner of the
				  property, or if the real owner is unknown, the grantee in the last recorded
				  deed.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter I - ACTION OF MORTGAGE FORECLOSURE › Rule 1146 - Pleading More Than One Cause of Action

Current through Register Vol. 54, No. 28, July 13, 2024
The plaintiff may state in the complaint two or more
					 grounds for foreclosure but may not state more than one cause of
					 action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter I - ACTION OF MORTGAGE FORECLOSURE › Rule 1147 - The Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  plaintiff shall set forth in the complaint:
(1) The parties to and the date of the
				  mortgage, and of any assignments, and a statement of the place of record of the
				  mortgage and assignments;
(2) a
				  description of the land subject to the mortgage;
(3) The names, addresses and interest of the
				  defendants in the action and that the present real owner is unknown if the real
				  owner is not made a party;
(4) a
				  specific averment of default;
(5)
				  an itemized statement of the amount due; and
(6) a demand for judgment for the amount
				  due.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter I - ACTION OF MORTGAGE FORECLOSURE › Rule 1148 - Counterclaim

Current through Register Vol. 54, No. 28, July 13, 2024
A defendant may plead a counterclaim which arises from the
					 same transaction or occurrence or series of transactions or occurrences from
					 which the plaintiff's cause of action arose.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter I - ACTION OF MORTGAGE FORECLOSURE › Rule 1149 - Judgment. Execution

Current through Register Vol. 54, No. 28, July 13, 2024
Judgment in the action shall be enforced as provided by
					 Rules 3180 to 3183, inclusive.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter I - ACTION OF MORTGAGE FORECLOSURE › Rule 1150 - Trial Without Jury

Current through Register Vol. 54, No. 28, July 13, 2024
The trial of actions to foreclose a mortgage by a judge
					 sitting without a jury shall be in accordance with Rule 1038.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter J - ACTION FOR GROUND RENT › Rule 1161 - Enforcement of Personal Liability. Conformity to Civil Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An action in personam to recover any
				  amount due on a ground rent shall be in accordance with the rules governing a
				  civil action.
(b) Execution upon a
				  judgment in such action shall be in accordance with the rules governing the
				  enforcement of judgments for the payment of money.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter J - ACTION FOR GROUND RENT › Rule 1162 - Enforcement in Rem. Conformity to Mortgage Foreclosure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An action in rem to enforce a ground rent
				  shall be in accordance with the rules governing the action of mortgage
				  foreclosure, except that for the purposes of this chapter the terms "ground
				  rent", "covenantor" and "covenantee" shall be substituted for the words
				  "mortgage", "mortgagor" and "mortgagee" in those rules.
(b) Enforcement of a judgment in such action
				  shall be in accordance with the rules governing enforcement of judgment in an
				  action of mortgage foreclosure.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter J - ACTION FOR GROUND RENT › Rule 1163 - Other Remedies

Current through Register Vol. 54, No. 28, July 13, 2024
The procedures set forth in Rules Nos. 1161 and 1162 shall
					 be in addition to any right to distrain for rent due, the right of entry or any
					 other remedy provided by law.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1000 - ACTIONS › Subchapter J - ACTION FOR GROUND RENT › Rule 1164 - Trial Without Jury

Current through Register Vol. 54, No. 28, July 13, 2024
The trial of actions to enforce a ground rent by a judge
					 sitting without a jury shall be in accordance with Rule 1038.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter A - COMPULSORY ARBITRATION › Rule 1301 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
These rules apply to actions which are submitted to
					 compulsory arbitration pursuant to local rule under Section 7361 of the
					 Judicial Code,
					 42 Pa.C.S. §
											7361.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter A - COMPULSORY ARBITRATION › Rule 1302 - List of Arbitrators. Appointment to Board. Oath

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A list of available arbitrators shall be
				  prepared in the manner prescribed by local rule. The list shall consist of a
				  sufficient number of members of the bar actively engaged in the practice of law
				  primarily in the judicial district in which the court is situated so as to be
				  fairly representative thereof.
(b)
				  The board of arbitrators shall consist of three members of the bar appointed
				  from the list of available arbitrators as prescribed by local rule.
(c) The board shall be chaired by a member of
				  the bar admitted to the practice of law for at least three years.
(d) Not more than one member or associate of
				  a firm or association of attorneys shall be appointed to the same
				  board.
(e) A member of a board who
				  would be disqualified for any reason that would disqualify a judge under the
				  Code of Judicial Conduct shall immediately withdraw as an arbitrator.
(f) Each arbitrator shall take an oath of
				  office in conformity with Section 3151 of the Judicial Code.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter A - COMPULSORY ARBITRATION › Rule 1303 - Hearing. Notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) The procedure for fixing the date, time
				  and place of hearing before a board of arbitrators shall be prescribed by local
				  rule, provided that not less than thirty days' notice in writing shall be given
				  to the parties or their attorneys of record.
(2) The local rule may provide that the
				  written notice required by subdivision (a)(1) include the following statement:
"This matter will be heard by a board of arbitrators at the
					 time, date and place specified but, if one or more of the parties is not
					 present at the hearing, the matter may be heard at the same time and date
					 before a judge of the court without the absent party or parties. There is no
					 right to a trial de novo on appeal from a decision entered by a judge."
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter A - COMPULSORY ARBITRATION › Rule 1304 - Conduct of Hearing. Generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
				  as otherwise prescribed by these rules, the board of arbitrators shall conduct
				  the hearing in conformity with Rule 1038(a). A voluntary nonsuit may be taken
				  by a plaintiff as permitted by Rule 230. If the plaintiff fails to appear or
				  if, at the conclusion of the plaintiff's case, the board deems the evidence
				  insufficient to support an award in favor of the plaintiff, it shall enter an
				  award in favor of the defendant. If the board does not do so, the defendant may
				  proceed to offer evidence.
(b) The
				  board shall have the power to administer oaths or affirmations to witnesses and
				  to adjourn an uncompleted hearing from day to day.
(c) A stenographic record or a recording of
				  the hearing shall not be made unless a party does so at his or her own expense.
				  If a party has a stenographic record or a recording made, he or she shall upon
				  request furnish a copy to any other party upon payment of a proportionate share
				  of the total cost of making the record or recording.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter A - COMPULSORY ARBITRATION › Rule 1305 - Conduct of Hearing. Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
				  as prescribed by this rule, the rules of evidence shall be followed in all
				  hearings before arbitrators. Rulings on objections to evidence or on other
				  issues which arise during the hearing shall be made by a majority of the
				  board.
(b)
(1) The following documents shall be admitted
				  into evidence if at least twenty days' notice of the intention to offer them
				  was given to every other party accompanied by a copy of each document to be
				  offered:
(i) Bills or other documents
				  evidencing charges incurred;
(ii)
				  records of businesses, government departments, agencies or offices, subject to
				  statutory restrictions, provided that these are records which would otherwise
				  be admissible if authenticated by a custodian of records;
(iii) records and reports of hospitals and
				  licensed health care providers;
(iv) expert reports and descriptions of
				  expert qualifications;
(v) written
				  estimates of value, damage to, cost of repair of or loss of property;
				  and
(vi) reports of rate of
				  earnings and time lost from work or lost compensation prepared by an
				  employer.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter A - COMPULSORY ARBITRATION › Rule 1306 - Award

Current through Register Vol. 54, No. 28, July 13, 2024
The board shall make an award promptly upon termination of
					 the hearing. The award shall dispose of all claims for relief and shall be
					 substantially in the form set forth in Rule 1312. If damages for delay are
					 awarded under Rule 238, the amount shall be separately stated. The award shall
					 be signed by the arbitrators or a majority of them. A dissenting vote without
					 further comment may be noted thereon. The award shall be filed with the
					 prothonotary immediately after it is signed.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter A - COMPULSORY ARBITRATION › Rule 1307 - Award. Docketing. Notice. Judgment. Molding the Award

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The prothonotary shall
(1) enter the award of record upon the proper
				  docket,
(2) immediately send by
				  ordinary mail a copy of the award, with notice of the date and time of its
				  entry on the docket and the amount of arbitrators' compensation to be paid upon
				  appeal, to each party's attorney of record, or to the party if the party has no
				  attorney of record, and
(3) note in
				  the docket the date of mailing the notice.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter A - COMPULSORY ARBITRATION › Rule 1308 - Appeal. Arbitrators' Compensation. Notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An appeal from an award shall be taken by
(1) filing a notice of appeal in the form
				  provided by Rule 1313 with the prothonotary of the court in which the action is
				  pending not later than thirty days after the day on which the prothonotary
				  makes the notation on the docket that notice of entry of the arbitration award
				  has been provided as required by Rule 1307(a)(3), and
(2) payment to the prothonotary of the
				  compensation of the arbitrators not exceeding fifty percent of the amount in
				  controversy, which shall not be taxed as costs or be recoverable in any
				  proceeding; provided that the court, in an appropriate case, upon petition may
				  permit the appellant to proceed in forma pauperis.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter A - COMPULSORY ARBITRATION › Rule 1309 - Parties to Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
An appeal by any party shall be deemed an appeal by all
					 parties as to all issues unless otherwise stipulated in writing by all
					 parties.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter A - COMPULSORY ARBITRATION › Rule 1310 - Discontinuance

Current through Register Vol. 54, No. 28, July 13, 2024
No appeal may be discontinued except by leave of court
					 after notice to all parties or upon the filing of the written consent of all
					 parties.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter A - COMPULSORY ARBITRATION › Rule 1311 - Procedure on Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The trial
				  shall be de novo.
(b) An arbitrator
				  may not be called to testify as to what transpired before the
				  arbitrators.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter A - COMPULSORY ARBITRATION › Rule 1311.1 - Procedure on Appeal. Admission of Documentary Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Election
. The plaintiff
				  may elect an amount equal to the jurisdictional limit for compulsory
				  arbitration of the judicial district in which the action was filed as the
				  maximum amount of damages recoverable upon the trial of an appeal from the
				  award of arbitrators. The election shall be filed and served upon every other
				  party at least 30 days from the date the appeal is first listed for trial. The
				  election may be withdrawn at any time by agreement of the parties. If the
				  parties cannot agree, upon plaintiff's motion to withdraw the election, the
				  court may grant the withdrawal of the election upon good cause shown.
(b)
Offer of Documents at
				  Trial
. If the plaintiff has filed and served an election as provided
				  in subdivision (a), any party may offer at trial the documents set forth in
				  Rule 1305(b)(1). The documents offered shall be admitted if the party offering
				  them has provided written notice to every other party of the intention to offer
				  the documents at trial at least 20 days from the date the appeal is first
				  listed for trial. The written notice shall be accompanied by a copy of each
				  document to be offered.
(c)
Permissible Use of Documents
. A document which is received
				  into evidence under subdivision (b) may be used for only those purposes which
				  would be permissible if the person whose testimony is waived by this rule were
				  present and testifying at the hearing. The court shall disregard any portion of
				  a document so received that would be inadmissible if the person whose testimony
				  is waived by this rule were testifying in person.
(d)
Other Parties
. Any other
				  party may subpoena the person whose testimony is waived by this rule to appear
				  at or serve upon a party a notice to attend the trial and any adverse party may
				  cross-examine the person as to the document as if the person were a witness for
				  the party offering the document. The party issuing the subpoena shall pay the
				  usual and customary fees and costs of the person subpoenaed to testify,
				  including a usual and customary expert witness fee if applicable.
(1) If another party subpoenas or otherwise
				  arranges for the attendance at trial of the person whose testimony is waived by
				  this rule, the document may be presented to the judge or jury as direct
				  examination as if the person has not been subpoenaed by another person, or the
				  plaintiff may conduct a direct examination of the witness.
(2) Any party, or the person subpoenaed, may
				  require that the testimony be given by deposition pursuant to Rule 4020(a)(5).
				  The party issuing the subpoena shall pay the witness's usual and customary fee
				  for such testimony.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter A - COMPULSORY ARBITRATION › Rule 1312 - Form of Oath. Award and Notice of Entry of Award

Current through Register Vol. 54, No. 28, July 13, 2024
The oath, award of arbitrators and notice of entry shall be
					 in substantially the following form:
(Caption)
OATH
We do solemnly swear (or affirm) that we will support, obey
					 and defend the Constitution of the United States and the Constitution of this
					 Commonwealth and that we will discharge the duties of our office with
					 fidelity.
______________________________________
Chair
______________________________________
______________________________________
AWARD
We, the undersigned arbitrators, having been duly appointed
					 and sworn (or affirmed), make the following award: (Note: If damages for delay
					 are awarded, they shall be separately stated.)
______________________________________
______________________________________
____________ Arbitrator, dissents. (Insert name if
					 applicable.)
Date of Hearing: ____________
______________________
Chair
______________________
______________________
Date of Award:
								___________________________________________
NOTICE OF ENTRY OF AWARD
Now, the day of , , at .M., the above award was entered
					 upon the docket and notice thereof given by mail to the parties or their
					 attorneys.
Arbitrators' compensation to be paid upon
								appeal:
______________________________________
Prothonotary
$ ____________
By: _________________________
Deputy
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter A - COMPULSORY ARBITRATION › Rule 1313 - Form of Notice of Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The notice of appeal shall be in
				  substantially the following form:
(Caption)
NOTICE OF APPEAL
FROM AWARD OF BOARD OF ARBITRATORS
TO THE PROTHONOTARY:
Notice is given that
					 ______________________________________
appeals from the award of the board of arbitrators entered
					 in this case on
____________.
A jury trial is demanded [] Check box if a jury trial is
					 demanded. Otherwise jury trial is waived.)
I hereby certify that
(1) the compensation of the arbitrators has
				  been paid,
or
(2) application
				  has been made for permission to proceed in forma pauperis. (Strike out the
				  inapplicable clause.)
_____________________________________
Appellant or Attorney for Appellant
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1300 - ARBITRATION › Subchapter A - COMPULSORY ARBITRATION › Rule 1314 - 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:
(1) all Acts or parts of Acts of Assembly
				  inconsistent with these rules are suspended to the extent of such
				  inconsistency; and
(2) the practice
				  and procedure provided in all former Acts of Assembly governing compulsory
				  arbitration, which have been repealed 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.
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 1326 - Definitions. Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in
				  this chapter,
"arbitration" means statutory arbitration pursuant to
					 Section 7301 et seq. of the Judicial Code,
					 42 Pa.C.S. §
												7301 et
					 seq., known as the Uniform Arbitration Act, or common law arbitration pursuant
					 to Section 7341 et seq. of the Judicial Code,
					 42 Pa.C.S. §
												7341 et
					 seq;
"arbitrator" includes a board of arbitrators;
"consumer credit transaction" means a credit transaction in
					 which the party to whom credit is offered or extended is a natural person and
					 the money, property or services which are the subject of the transaction are
					 primarily for personal, family or household purposes.
(b) The rules of this chapter shall govern
				  proceedings to compel arbitration and confirm an arbitration award entered in a
				  claim arising from a consumer credit transaction.
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 1327 - Confirming Arbitration Award

Current through Register Vol. 54, No. 28, July 13, 2024
Any party may file a motion to confirm an arbitration award
					 which was entered by an arbitrator only.
(1) the party against whom an arbitration
				  award is sought to be confirmed either
(i)
				  attended a hearing before the arbitrator, or
(ii) signed a writing after the claim that is
				  the basis for the arbitration award was filed with the arbitrator, agreeing to
				  submit the claim to the arbitrator, or