231 Pa. Code Ch. 1000 — ACTIONS … 1001

Rule 1065.1. Notice. Claim for Adverse Possession. (a) This rule governs an action to quiet title of property pursuant to Section 5527.1 of the Judicial Code, 42 Pa.C.S. § 5527.1. Official Note Section 5527.1 of the Judicial Code permits a party to seek to acquire title to real p…

Rule 1066. Form of Judgment or Order. (a) The court shall grant appropriate relief upon affidavit that a complaint containing a notice to defend has been served and that the defendant has not filed an answer, or after a hearing or trial on the pleadings or merits. (b) Upon granti…

Rule 1067. Trial Without Jury. The trial of actions to quiet title by a judge sitting without a jury shall be in accordance with Rule 1038. Source The provisions of this Rule 1067 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 198…

Rule 1068. Acts of Assembly. (a) The rules of civil procedure shall not be deemed to suspend or affect: (1) The Act of May 28, 1895, P.L. 124, No. 92, as amended by the Act of April 28, 1899, P.L. 123, No. 101, 21 P.S. § § 399, 497 to 499; Official Note This Act provides for the …

Rule 1071. Conformity to Civil Action. 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. Source The provisions of this Rule 1071 ad…

Rule 1072. Venue. 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. Source The provisions of this Rule 1072 adopted June 25, 1946, effective January 1, 1947; amended through December 16, 1…

Rule 1073. Commencement of Action. An action of replevin shall be commenced by filing a complaint with the prothonotary. Source The provisions of this Rule 1073 adopted June 23, 1975, effective October 1, 1975, 5 Pa.B. 1824.

Rule 1073.1. Complaint. Specific Averments. Verification. (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 Official Note See Rule 1081 authorizing the court at any time during the pe…

Rule 1074. Service of the Complaint. [Rescinded] Official Note For service of original process, see Rule 400 et seq. Source The provisions of this Rule 1074 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial page (87268…

Rule 1075. Seizure of Property Before Judgment. 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 pursu…

Rule 1075.1. Writ of Seizure Upon Notice and Hearing. (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 th…

Rule 1075.2. Ex Parte Issuance of Writ of Seizure. (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 …

Rule 1075.3. Writ of Seizure. Bond. (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…

Rule 1075.4. Service of the Writ of Seizure. (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 pos…

Rule 1075.5. Duration of Validity of Writ of Seizure. The writ of seizure shall remain valid until served and need not be reissued. Source The provisions of this Rule 1075.5 adopted June 1, 1975, effective October 1, 1975, 5 Pa.B. 1824.

Rule 1076. Counterbond. (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 seve…

Rule 1077. Disposition of Seized Property. Sheriff’s Return. (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 pro…

Rule 1078. Exemption of Property. Preliminary Objection. The objection of immunity or exemption of property from replevin shall be raised by preliminary objection. Source The provisions of this Rule 1078 adopted June 25, 1946, effective January 1, 1947.

Rule 1079. Impounding Property. (a) Prior to the delivery of the property by the sheriff to any party, a petition may be filed by any party requesting the court to order the property to be impounded in the custody of the sheriff or such other person as the court may direct. (b) T…

Rule 1079.1. Special Equitable Relief. The pendency of an action shall not impair the right of any party to separate and independent equitable relief. Source The provisions of this Rule 1079.1 adopted June 23, 1975, effective October 1, 1975, 5 Pa.B. 1824.

Rule 1080. Objections to Bond. 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 f…

Rule 1081. Concealment of Property. Examination of Defendant. 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 reasonab…

Rule 1082. Counterclaim. Lien. Conditional Verdict. (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 ord…

Rule 1083. Judgment in Rem for Property When Defendant is Not Served and Does Not Appear. 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…

Rule 1084. Judgment Before Trial When Defendant is Served or Appears. (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 …

Rule 1085. Judgment After Trial. (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. (b) If judgment is en…

Rule 1086. Judgment. Enforcement. Judgment shall be enforced as provided in Rules 3170 to 3173, inclusive. Source The provisions of this Rule 1086 adopted June 25, 1946, effective January 1, 1947; amended March 30, 1960, effective November 1, 1960.

Rule 1087. Trial Without Jury. The trial of actions in replevin by a judge sitting without a jury shall be in accordance with Rule 1038. Source The provisions of this Rule 1087 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, …

Rule 1088. Acts of Assembly Not Suspended. 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. Official Note This Act authorizes determination of a common law lien in an action of …

Rule 1091. Conformity to Civil Action. 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. Source The provisions of this Rule 1091 adopted June 25, 1946, effective January 1, 1947;…

Rule 1092. Venue. (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…

Rule 1093. Commencement of Action. An action may be commenced by filing a complaint with the prothonotary. Source The provisions of this Rule 1093 adopted June 25, 1946, effective January 1, 1947; amended June 27, 2017, effective October 1, 2017, 47 Pa.B. 3805. Immediately preced…

Rule 1094. Parties Defendant. (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.…

Rule 1095. The Complaint. 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 perf…

Rule 1096. Counterclaim. No counterclaim may be asserted. Source The provisions of this Rule 1096 adopted June 25, 1946, effective January 1, 1947.

Rule 1097. Service. [Rescinded] Official Note For service upon the Commonwealth or a political subdivision, see Rule 422. For service upon a corporation, see Rule 422. For service upon a corporation, see Rule 424. Source The provisions of this Rule 1097 rescinded June 20, 1985, e…

Rule 1098. Peremptory Judgment. 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 acti…

Rule 1099. Trial Without Jury. The trial of actions in mandamus by a judge sitting without a jury shall be in accordance with Rule 1038. Source The provisions of this Rule 1099 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, …

Rule 1100. Suspension of Acts of Assembly. 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 19…

Rule 1111. Conformity to Civil Action. 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. Source The provisions of this Rule 1111 adopted June 25, 1946, effective January 1, 194…

Rule 1112. Venue. (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 m…

Rule 1113. Commencement of Action. An action shall be commenced by filing a complaint with the prothonotary. Source The provisions of this Rule 1113 adopted June 25, 1946, effective January 1, 1947.

Rule 1114. Trial Without Jury. The trial of actions in quo warranto by a judge sitting without a jury shall be in accordance with Rule 1038. Source The provisions of this Rule 1114 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 19…

Rule 1121. [Rescinded]. Source The provisions of this Rule 1121 rescinded June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967. Immediately preceding text appears at serial page (40053).

Rule 1122. [Rescinded]. Source The provisions of this Rule 1122 rescinded June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967. Immediately preceding text appears at serial page (40053).

Rule 1123. [Rescinded]. Source The provisions of this Rule 1123 rescinded June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967. Immediately preceding text appears at serial page (40053).

Rule 1124. [Rescinded]. Source The provisions of this Rule 1124 rescinded June 27, 1980, effective July 1, 1980, 10 Pa.B. 2967. Immediately preceding text appears at serial pages (40053) and (40055).