Current through Register Vol. 54, No. 50, December 14, 2024
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 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.The provisions of this Rule 1075.1 adopted June 23, 1975, effective 10/1/1975, 5 Pa.B. 1824; amended through June 20, 1985, effective 1/1/1986, 15 Pa.B. 2452; amended April 12, 1999, effective 7/1/1999, 29 Pa.B. 2266; amended May 14, 1999, effective 7/1/1999, 29 Pa.B. 2767; amended June 14, 1999, effective 9/1/1999, 29 Pa.B. 3191.