Frank. Cnty. Pa. 39-1066

As amended through October 30, 2020

Rule 39-1066 - Form of Judgment or Order

39-1066.1. Except as otherwise provided by special Order of Court, when the Complaint has been served by publication, notice of the Order made under Pa.R.C.P. 1066(b)(1) shall be given by one publication in a newspaper of general circulation published in the county, and the judgment against the defendant shall become final unless the defendant shall take the action directed by the Decree of the Court within thirty (30) days after the publication of such Decree. The publication of notice shall be in substantially the following form:

(Caption of Case)

To_______________________________:

(Name(s) of Defendant(s))

You are notified that an Order has been entered on ______(Date) _________ directing that within thirty (30) days after this publication you shall _____(set forth the action directed inthe Order)_____ or be forever barred from asserting any right, lien, title or interest inconsistent with the interest or claim set forth in the plaintiff's Complaint to the land here described.

(Describe Land)

Insert Notice required by Pa.R.C.P. 1009(F) here.

By____________________________

(Attorney for Plaintiff(s))

_______________________________

(Address of Attorney for Plaintiff(s))

When more than one publication is ordered the form shall be modified accordingly.

39-1066.2. Upon failure of defendant to take the required action before the expiration of the time set forth in the advertisement described in the preceding Rule, the plaintiff may, upon filing due proof of publication of the notice, issue to the Prothonotary a Praecipe in substantially the following form:

(Caption of Case)

Sir:

Enter note on appearance docket and on Decree showing failure of defendant(s) to take action directed in the last advertisement within the time therein limited; transmit the Recorder of Deeds a certified copy of the Decree containing the notation above described.

_______________________

(Attorney for Plaintiff(s))

Upon receipt of the said Praecipe the Prothonotary shall make appropriate notation on the Decree and on the appearance docket and transmit to the Recorder a certified copy of the Decree containing said notation. Upon payment of recording fees the Recorder of Deeds shall record the same in the deed records and shall index it against the defendant as grantor and in favor of the plaintiff as grantee.

Frank. Cnty. Pa. 39-1066

Adopted by Order of Court dated December 7, 1993; Published at 23 Pa. Bull. 12/25/1993