231 Pa. Code r. 3282

Current through Register Vol. 54, No. 45, November 9, 2024

Rule 3282 - Petition

(a) The petition shall set forth:

(1) The name and address of the judgment creditor,

(2) The name and last known address of each respondent,

(3) a statement that the petition is filed pursuant to Section 8103(a) of the Judicial Code,

(4) The court and number of the execution proceedings, the original judgment and any judgment obtained by transfer,

(5) The date the property was struck down to the successful bidder and the date the sheriff's deed was delivered,

(6) a description of the real property and its location,

(7) the fair market value of the real property,

(8) a description of all prior lien amounts if the petitioner desires credit for such amounts,

(9) if the petition requests a special allocation, a statement that the judgment creditor is a nonconsumer judgment creditor;

(10) any special allocation required by Section 8103(f) of the Judicial Code, and

(11) a request that the court fix the fair market value of the real property at the value set forth in the petition and that the court determine any prior lien amounts and any special allocation as set forth in the petition.

(b) The petition shall begin with a notice to defend substantially in the following form:

(CAPTION)

NOTICE TO DEFEND

To the Respondent(s):

You have been sued in court. The petition set forth in the following pages requests the court to determine the amount which should be credited against any liability you may have to the petitioner as a result of the purchase by the petitioner at an execution sale of the real property described in the petition. If you wish to defend against the petition, you must take action within twenty (20) days after this petition and notice are served upon you, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the matters set forth in the petition. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any claim or relief requested by the petitioner. 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)

231 Pa. Code r. 3282

The provisions of this Rule 3282 adopted December 6, 1996, effective 1/1/1997, 26 Pa.B. 6068; amended August 7, 2001, effective 9/4/2001, 31 Pa.B. 4639; amended June 10, 2003, effective 9/1/2003, 33 Pa.B. 2974.