231 Pa. Code r. 3288

Current through Register Vol. 54, No.43, October 26, 2024

Rule 3288 - Petition. Averments. Notice to Defend

(a) The petition shall set forth:

(1) The name and address of the petitioner,

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

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

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

(5) a statement that the real property was sold, directly or indirectly, to the judgment creditor in the execution proceedings,

(6) The date that the property was sold by the sheriff and the date that the sheriff's deed was executed and acknowledged,

(7) a statement that no petition under Section 8103(a) of the Judicial Code has been filed within six months after the sale, and

(8) a request that the court direct the prothonotary to mark the judgment satisfied, released and discharged.

(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 direct the prothonotary to mark the judgment held by you against the petitioner satisfied, released and discharged as a result of your alleged failure to file a timely petition to fix the fair market value of real property purchased directly or indirectly by you at an execution sale. 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. 3288

The provisions of this Rule 3288 adopted December 6, 1996, effective 1/1/1997, 26 Pa.B. 6068; amended June 10, 2003, effective 9/1/2003, 33 Pa.B. 2974.