[32 Pa.B. 2866]
[Continued from previous Web Page]
CHAPTER 1000. ACTIONS AT LAW
Subchapter D. ACTION TO QUIET TITLE Rule 1066. Form of Judgment or Order.
* * * * * (b) Upon granting relief to the plaintiff, the court
* * * * * (3) shall enter a final judgment ordering the defendant, the prothonotary, or the recorder of deeds to file, record, cancel, surrender or satisfy of record, as the case may be, any plan, document, obligation or deed determined to be valid, invalid, satisfied or discharged, and to execute and deliver any document, obligation or deed necessary to make the [decree] order effective; or
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Subchapter I. ACTION OF MORTGAGE FORECLOSURES Rule 1141. Definition. Conformity to Civil Action.
(a) As used in this chapter,
''action'' means an action [at law] to foreclose a mortgage upon any estate, leasehold or interest in land but shall not include an action to enforce a personal liability.
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CHAPTER 1500. ACTION IN EQUITY
Subchapter B. PARTITION OF REAL PROPERTY Rule 1569. Master's Report. Exceptions.
(a) A master who is appointed by the court shall file a report with respect to the matters submitted. The report shall follow the form of [adjudication] decision in Rule 1570, insofar as the scope of the reference to the master permits.
(b) The master shall give all persons in interest written notice of the date on which he or she intends to file the report and proposed [decree] order and shall specify an address within the county where they may be examined. The master may change the report and proposed [decree] order as he or she deems proper before filing them, but if any changes are made written notice thereof shall be given to all parties.
(c) Within ten days after notice of the filing of the report exceptions may be filed by any party to rulings on evidence, to findings of fact, to conclusions of law and to the proposed [decree nisi] order. The court may, with or without taking testimony, remand the report or enter [an adjudication] a decision in accordance with Rule 1570 which may incorporate by reference the findings and conclusions of the master in whole or in part.
Rule 1570. [Adjudication and Decree] Decision and Order.
(a) The [adjudication] decision shall include findings of fact as follows:
* * * * * (b) The [decree] order shall include:
* * * * * (4) [an order for] a public or private sale of the property or part thereof where required.
* * * * * Rule 1573. Return of Sale and Schedule of Distribution
(a) Where the sale has been conducted by a master, the master shall promptly file with the prothonotary a return of sale together with a proposed [decree] order which shall
* * * * * (b) The master shall give all persons in interest written notice of the date on which he or she intends to file the return of sale and proposed [decree] order and shall specify an address within the county where they may be examined. The master may change the return of sale and proposed [decree] order as he or she deems proper before filing them, but if any changes are made written notice thereof shall be given to all parties.
(c) If the court approves the return of sale in whole or in part, the court shall enter an appropriate [decree nisi] order. Any part of the [decree nisi] order as to which a motion for post-trial relief is not filed within ten days shall become final.
CHAPTER 2000. ACTIONS BY REAL PROPERTY PARTIES IN INTEREST Rule 2001. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules.
CHAPTER 2020. MINORS AS PARTIES Rule 2026. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules;
* * * * * ''judgment'' means any final judgment or final [decree] order entered in any action.
CHAPTER 2050. INCAPACITATED PERSONS AS PARTIES Rule 2051. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules;
* * * * *
CHAPTER 2100. THE COMMONWEALTH AND POLITICAL SUBDIVISIONS AS PARTIES Rule 2101. Definition.
As used in this chapter:
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules.
* * * * *
CHAPTER 2120. PARTNERSHIPS AS PARTIES Rule 2126. Definitions.
As used in this chapter:
Action--Any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules.
* * * * * Rule 2129. Actions between partnerships and partners.
An action may be prosecuted [at law] by a partnership against one or more of the partners thereof, or against such partners together with persons not partners; or by one or more partners, or by such partners together with other persons not partners, against the partnership. [No such action may be prosecuted in equity unless there is ground for equitable jurisdiction other than the fact that the action is between a partnership and one or more partners.]
CHAPTER 2150. UNINCORPORATED ASSOCIATIONS AS PARTIES Rule 2151. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules;
* * * * * Rule 2154. Actions between associations and members.
An action may be prosecuted [at law] by an association against one or more of the members thereof, or against such members together with persons not members; or by one or more members, or by such members together with other persons not members, against the association. [No such action may be prosecuted in equity unless there is ground for equitable jurisdiction other than the fact that the action is between an association and one or more members.]
* * * * *
CHAPTER 2170. CORPORATIONS AND SIMILAR ENTITIES AS PARTIES Rule 2176. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules;
* * * * * Rule 2178. Actions between a corporation or similar entity and members thereof.
An action may be prosecuted by a corporation or similar entity against one or more of the members thereof, or against members together with persons not members; or by one or more members, or by members together with other persons not members, against the corporation or similar entity. [No such action may be prosecuted in equity unless there is ground for equitable jurisdiction other than the fact that the action is between a corporation or similar entity and one or more members thereof.]
Official Note: Adopted November 26, 1943, effective August 1, 1944. This rule [is an adaptation of Pa.R.C.P. No. 2129 (Partnerships as parties), and Pa.R.C.P. No. 2154 (Unincorporated associations as parties).
It is] designed to apply to all actions between a corporation or similar entity and its members, including those actions in which an accounting has been asked.
CHAPTER 2200. ACTIONS FOR WRONGFUL DEATH Rule 2201. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law] brought in or appealed to any court of record which is subject to these rules;
* * * * *
CHAPTER 2220. JOINDER OF PARTIES Rule 2226. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules.
CHAPTER 2250. JOINDER OF ADDITIONAL DEFENDANTS Rule 2251. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules.
* * * * *
CHAPTER 2300. INTERPLEADER BY DEFENDANTS Rule 2301. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules:
* * * * * Rule 2318. Exclusive method at law; equity interpleader preserved.
The right of interpleader conferred by these rules shall be the exclusive method of interpleader in any action [at law] and shall be in addition to, and not in lieu of, the right to [file a bill in equity] commence a civil action for an interpleader.
CHAPTER 2320. INTERVENTION Rule 2326. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules.
Rule 2328. Petition to intervene.
* * * * * [Official Note: This subdivision adopts the equity practice. See Franklin Nat. Bank v. Kennerly Coal & Coke Co., 300 Pa. 479, 483, 484, 150 A. 902 (1930).]
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CHAPTER 2350. SUBSTITUTION OF PARTIES Rule 2351. Definitions.
As used in this chapter,
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules, including [actions] an action to obtain judgment upon a mechanics' lien claim but shall not include [actions] an action to enforce municipal liens and claims;
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CHAPTER 3000. JUDGEMENTS
Subchapter A. TRANSFER OF JUDGMENTS TO OTHER COUNTIES Rule 3001. Definition.
As used in this chapter
''judgment'' means a judgment[,] or order [or decree] requiring the payment of money or adjudicating the right to possession in an action of replevin, including a final or interlocutory order for the payment of costs entered in any court which is subject to these rules, either originally or upon transcript or certification from another court within the same county.
Subchapter D. ENFORCEMENT OF MONEY JUDGEMENTS FOR THE PAYMENT OF MONEY Rule 3101. Definitions; garnishee.
(a) As used in this chapter
''judgment'' means a judgment[,] or order[, or decree] requiring the payment of money entered in any court which is subject to these rules, including a final or interlocutory order for payment of costs, except a judgment against the Commonwealth, a political subdivision or a public authority;
* * * * * Rule 3131. Sale of real property located in more than one county.
* * * * * (c) The court may enter judgment upon the pleadings or take evidence by deposition or otherwise, shall [decree] order the extent of the real property which shall be subjected to execution, describing it by metes and bounds, shall designate the place of sale, and shall control the distribution of the proceeds of sale. The court may apportion the proceeds so as to satisfy prior lienors, including those having a lien upon a portion of a single tract which lay in a different county and which was not sold on execution.
* * * * *
CHAPTER 4000. DEPOSITIONS AND DISCOVERY Rule 4001. Scope. Definitions.
(a) The rules of this chapter apply to any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules including any action pursuant to the Eminent Domain Code of 1964 or the Municipal Claims Act of 1923.
* * * * *
Explanatory Comment Introduction
I. Amendments to the Rules Governing the Civil Action
II. Effect of the Recommendation Upon the Rules Governing the Action in Equity
III. Conforming Amendments
Tables
Introduction
Recommendation No. 180 proposes to abolish the separate action in equity by amending the rules governing the civil action to include equitable relief. The ''merger of law and equity'' with respect to procedure is warranted in light of developments over the sixty-five year life of the rules of civil procedure. During that time, the procedural aspects of law and equity have been merged in most, if not all, American jurisdictions. It is a merger which has been successful and which has become familiar to lawyers and judges alike. The merger has occurred in a climate in which many cases are not solely actions at law or actions in equity but actions in which relief both equitable and legal in nature is sought.
A civil action in which both legal and equitable relief may be sought avoids the necessity of multiple actions when a party claims more than one kind of relief. It avoids the necessity to bring a second action ''just in case'' the action in equity is determined to be actually an action at law, or the reverse. It allows the court in a ''unified judicial system'' to grant the relief to which the parties are entitled without sacrificing substance to form.
The consolidation of the action in equity into the civil action does not stretch the imagination. Equity Rule 1501 now provides that ''the procedure in an action in equity shall be in accordance with the rules relating to a civil action.'' This recommendation proposes, first, to eliminate most of the remaining differences between the current civil action and action in equity and, second, to revise some of the civil action rules to accommodate cases in which equitable relief is sought.
While the recommendation affects a substantial number of civil action and equity rules, many rules will remain unchanged. Table I appended to this comment lists the civil action and equity rules which are proposed to be amended by the recommendation. Table II lists those equity rules which are proposed to be rescinded. Table III sets forth those rules which are not affected by the recommendation. Finally, Table IV lists the conforming amendments, i.e., additional rules of civil procedure which are affected by the proposal.
The remainder of this comment is directed to rules which will require rescission or revision.
I. Amendments to the Rules Governing the Civil Action
a. Scope of the Civil Action
Rule 1001(b) is amended to define the civil action as one ''in which shall be brought all claims for relief heretofore asserted in'' the actions of assumpsit, trespass and equity. Rule 1501 conforming the procedure in the action in equity to the procedure of the civil action will be rescinded.
Certain rules in Chapter 1500 are incorporated into the civil action. These rules, presently part of the action in equity, are concerned with equitable relief. They will continue to provide the procedure when equitable relief is sought but in the context of the civil action. Rule 1506 governing stockholder's derivative suits and Rule 1531 governing injunctive relief are examples of rules that will continue as part of the civil action.
It is proposed that the action to prevent waste be abolished. The relief sought in that action is injunctive relief which may be obtained in the consolidated civil action.
The action for declaratory judgment will remain a separate form of action. Rule 1601 will be amended to provide that the procedure governing the action when declaratory relief alone is sought will conform to the civil action rather than to the action in equity. Rule 1602 governing the procedure when declaratory relief is sought as ancillary relief is amended to delete the phrase ''at law or in equity'' but is otherwise unchanged.
The action for partition of real property also remains a separate form of action. Rule 1551 is amended to conform the procedure to the civil action rather than the action in equity.
b. Venue
Recommendation No. 180 does not propose to change the law governing venue but simply to consolidate the two rules into one.
Present Equity Rule 1503 incorporates the venue of the civil action and, if the subject matter of the action is property, further provides for venue in the county in which the property is located Under the proposed recommendation, Rule 1503 will be rescinded.
It is proposed that the present civil action venue provision in Rule 1006(a) continue as subdivision (a)(1). New subdivision (a)(2) will be added to provide venue when equitable relief is sought with respect to property. Similar to its counterpart in present Rule 1503, subdivision (a)(2) will authorize venue in the county in which
(2) the property or a part of the property which is the subject matter of the action is located provided that equitable relief is sought with respect to the property.
c. Service of Original Process
Rule 400 is entitled ''Person to Make Service''. The recommendation proposes to amend the rule to accommodate the merging of the forms of action. Thus, subdivision (b) is revised to refer to a ''civil action in which equitable relief is the only relief sought or the primary relief sought'' rather than an action in equity. No change in practice is intended by this revision. The sheriff will continue to serve original process as heretofore.
It is further proposed that Rule 1505. ''Defendant Not Served,'' be rescinded as unnecessary. It is not believed that the rule states a principle different from that applicable the present civil action.
d. Trial by Jury
The right to trial by jury is either constitutionally mandated or provided by Act of Assembly. The merger of the action in equity into the civil action does not affect the right so provided.
Consequently, it is proposed that the body of Rule 1007.1 remain unchanged. The title is revised to indicate that the rule applies where there is a jury trial ''as of Right''. A note is added to cross-refer to Rule 128(f) providing that ''no rule shall be construed to confer a right to trial by jury where such right does not otherwise exist.''
Present Rule 1513 provides for trial by jury and an advisory verdict in the action in equity. It is proposed that this provision be retained in the civil action as new rule 1007.2. Language is added to ensure that the rule will be limited to civil actions in which there is a claim for equitable relief.
A case may involve claims, one or more of which are triable by jury and others which are triable by the court without a jury. Such a case will necessarily require that the court exercise its discretion in the manner in which the case will proceed. For instance, the court may need to decide whether all claims should be tried at the same time or certain claims should be bifurcated, whether claims triable by jury should be tried before or after claims tried to the court, and whether to invoke new Rule 1007.2 providing for an advisory verdict. Rules cannot dictate the procedure for a particular instance. The course of the proceedings will depend upon the ''good judgment'' of the court in viewing the totality of the case.
e. Joinder of Causes of Action
Rule 1020 is to be revised to accommodate the merger of the action in equity into the civil action. Thus, subdivision (a) governing the permissive joinder of causes of action is revised to refer to a ''cause of action cognizable in a civil action'' rather than a ''cause of action heretofore asserted in assumpsit and trespass.'' Causes of action cognizable in a civil action are set forth in Rule 1001(b) and include the former actions of assumpsit, trespass and equity.
Subdivision (d)(1) of Rule 1020 governs mandatory joinder of related causes of action. It is revised to include related causes of action ''heretofore asserted in assumpsit and trespass'' but makes no mention of causes of action in equity. Thus, the present mandatory provision is continued only as to related claims previously asserted in assumpsit and trespass. The present practice of permissive joinder of related claims in equity is also continued.
It is not feasible to make mandatory the joinder of related causes of action in equity. It frequently occurs that equitable relief is needed quickly before a suit with all of its aspects may be prepared and filed. In addition, the full ramifications of a transaction or occurrence may not be fully known at the time an action is commenced, making it impossible to initially request all of the relief which eventually may be determined to be appropriate.
The recommendation also proposes a technical amendment to subdivision (d). That subdivision is presently divided into five paragraphs, three of which have been rescinded. It is proposed that present paragraph (4) be transposed to paragraph (1) as the second sentence. Paragraphs (2) through (5) may then be deleted and subdivision (d)(1) will be redesignated as subdivision (d).
In light of the foregoing it is proposed that Rule 1508 governing the pleading of more than one cause of action in equity be rescinded.
With respect to a counterclaim, it is proposed that Equity Rule 1510 be rescinded and that Civil Action Rule 1031 be amended to allow the pleading as a counterclaim of ''any cause of action cognizable in a civil action.''
f. Preliminary Objections and Defenses
Civil Action Rule 1028(a) sets forth six preliminary objections. Present Equity Rule 1509(a) incorporates these six objections into the action in equity. Under the proposed recommendation, these six objections will continue to be applicable to the new consolidated civil action.
Subdivisions (b) and (c) of present Rule 1509 provide for three additional preliminary objections applicable to the action in equity.
Rule 1509(b) provides for the objections of laches and failure to exercise or exhaust a statutory remedy to be raised by preliminary objection, answer or reply. However, the objections are not waived if not pleaded. The recommendation disposes of these two objections separately. It is proposed that the objection of laches be raised in new matter only. To this end, laches has not been included in amended Rule 1028(a) as a preliminary objection but continues as part of the list of defenses set forth in Rule 1030 governing new matter. It is further proposed that the objection of failure to exercise or exhaust a statutory remedy be limited to preliminary objections. To this end, this objection has been included in Rule 1028(a) as new paragraph (7). Under Rule 1032(a) governing waiver of defenses, as amended, the objection of laches will be waived for failure to plead it but the objection of failure to exercise or exhaust a statutory remedy will not be waived.
Present Rule 1509(c) provides for the objection of the existence of a full, complete and adequate non-statutory remedy at law to be raised by preliminary objection. The rule makes two points with respect to the objection. First, the objection is waived for failure to plead it. Second, if the objection is sustained, the court is required to certify the action to the law side of the court.
The recommendation proposes to transpose this objection of the existence of a full, complete and adequate non-statutory remedy at law to Rule 1028(a) as new paragraph (8). However, the recommendation also proposes that Rule 1032(a) be amended to provide that there will be no waiver if the defense is not pleaded.
The provision of the present equity rule for transfer to the law side of the court in the event the objection is sustained, is not continued. Under the consolidated civil action, there is no law side and no equity side. There is simply ''the court'' which is empowered to grant appropriate relief whether legal or equitable.
Although the procedural aspect of the objection of the existence of a full, complete and adequate non-statutory remedy at law is not continued, the objection retains vitality as a principle of substantive law barring the court from granting equitable relief.
g. Default Judgment
The recommendation proposes the amendment of Civil Action Rule 1037 governing judgment upon default or admission to accommodate the consolidation of the action in equity and the civil action.
Subdivision (b) is revised to prohibit the prothonotary from granting equitable relief admitted to be due by the defendant's pleadings. This is left to new subdivision (d) which incorporates the substance of Equity Rule 1511(b) providing that ''In all cases, the court shall enter an appropriate final decree...'' In view of the amendment to Rule 1037, the recommendation proposes that Rule 1511 be rescinded.
h. Decision and Adjudication
It is proposed that Civil Action Rule 1038, ''Trial Without Jury,'' will govern trials of the consolidated civil action by a judge without a jury. The only revision to the rule is a conforming amendment to subdivision (a)(1) to substitute the word ''obtain'' in place of ''suffer'' with respect to a nonsuit.
A note is added to the rule explaining that a decision includes what were formerly known as an adjudication and a decree nisi. Thus, a trial judge sitting without a jury will at the conclusion of the trial render a decision which will grant or deny relief, whether legal or equitable, as may be appropriate. Unless there is an Act of Assembly or general rule to the contrary, the decision will not constitute a final order or judgment.
Consequently, the recommendation proposes to abolish the present practice of an action in equity set forth in the following rules:
1. Rule 1516 governing oral argument and providing a limitation on requests for findings and conclusions,
2. Rule 1517 governing the adjudication, and
3. Rule 1520 governing the form of decree.
II. Effect of the Recommendation Upon the Rules Governing the Action in Equity
a. Equity Rules Rescinded
The following rules were discussed In Part I as proposed to be rescinded in light of amendments to the civil actions rules.
Rule 1501. Conformity to Civil Action
Rule 1503. Venue
Rule 1505. Defendant Not Served
Rule 1508. Pleading More than One Cause of Action
Rule 1509. Preliminary Objections
Rule 1510. Counterclaim
Rule 1511. Judgment upon Default or Admission
Rule 1513. Trial by Jury. Advisory Verdict
Rule 1516. Oral Argument. Limitation on Requests for Findings and Conclusions
Rule 1517. The Adjudication. Notice
Rule 1520. Form of Decree
The recommendation proposes the rescission of the following rules as well:
1. Rule 1502. Court Open
Rule 1502 providing that the equity side of the court shall always be open is to be rescinded as unnecessary in light of section 324 of the Judicial Code, 42 Pa.C.S. § 324, which contains a similar provision.
2. Rule 1507. Possible Persons Interested in Property
It is proposed that rule 1507 be rescinded. The rule is concerned with ''a person interested in property'' who should be made a party ''but the person's name or interest in the property cannot be ascertained and the person is not represented in the action''. It is suggested that the subject of the rule is covered by the law relating to indispensable parties, rendering the rule unnecessary.
3. Rule 1514. Examiners, Masters and Auditors
4. Rule 1515. Accountants and Experts
The court has inherent power to appoint such persons as are necessary to enable or facilitate the court in deciding cases. Rules providing for the appointment of such persons or denying that power are not required in the consolidated civil action.
5. Rule 1522. Rehearing
Rule 1522 governing rehearing is to be rescinded as unnecessary in light of Rule of Appellate Procedure 1701(b) providing for reconsideration of an order.
6. Rules 1523 through 1527. Costs
Presently, costs may be sought in a civil action though no rules prescribe a procedure to do so. It is suggested that special rules are not required simply because the civil action will include equitable as well as legal relief.
7. Rule 1528. Amendments
Rule 1528 governs amendment of the prayer for relief in an action in equity. Civil Action Rule 1033 provides a procedure for the amendment of a pleading. Consequently, the recommendation proposes that Rule 1528 be rescinded as unnecessary.
8. Rule 1529. Enforcement of Orders. Execution Process
Rule 1529 is concerned with several aspects of execution process. It is proposed that the rule be rescinded.
Subdivision (a) makes execution process available in actions at law available also to actions in equity. With the consolidation of the forms of action, this provision is no longer necessary.
Subdivision (b) authorizes the court to order the prothonotary or sheriff to perform an act which the party fails to perform. It is suggested that the power of contempt is available, rendering this provision unnecessary.
Subdivision (c) refers to arrest by attachment. Arrest, though limited by the Judicial Code, is an inherent power for which a rule is not necessary.
9. Rule 1530. Special Relief. Accounting
Civil Action Rule 1021 presently permits a party to demand relief in the alternative or of several different types, ''including an accounting''. There are no special civil action rules governing an accounting yet the remedy is available in the civil action. It is proposed that no special rule is required to govern an accounting and that Rule 1530 be rescinded.
10. Rule 1532. Special Relief. Perpetuation of Testimony
The proposed rescission of Rule 1532 is not intended to abolish the right to preserve testimony. In the context of a civil action, the rule has become obsolete in view of pre-complaint discovery which provides an adequate remedy. A party may file a writ of summons and immediately seek discovery as permitted under the applicable rules. Where necessary, a party can seek the assistance of the court to devise a procedure tailored to the particular case.
11. Rule 1536. Effective Date. Pending Actions
It is proposed that Rule 1536 be rescinded as obsolete. It had application only upon promulgation of the original equity rules in 1952.
b. Equity Rules Amended
1. Rule 1521. Indexing of Decree. Lien and Revival of Decree for Payment of Money
Rule 1521 is revised to eliminate references to the law side of the court. Otherwise, the rule remains unchanged.
2. Rule 1531. Special Relief. Injunctions
Rule 1531(f) is revised by substituting the term ''order'' in place of ''decree''. In addition, the cross-reference must be revised as it refers to Rule 1517 which is rescinded. The reference will be changed to Rule 1038(b) and (c) which will govern trials without a jury whether the relief sought is legal or equitable.
3. Rule 1533. Special Relief. Receivers
Subdivisions (e) and (g) of Rule 1533 are revised by substituting the term ''order'' in place of ''decree.''
c. Equity Rules Unchanged
It is proposed that the following rules remain unchanged. However, instead of being viewed as rules governing the action in equity, they will be viewed as rules governing equitable relief in the context of a civil action. These rules are:
1. Rule 1506. Stockholder's Derivative Action
2. Rule 1534. Accounting by Fiduciaries
3. Rule 1535. Objections to Security
III. Conforming Amendments
The conforming amendments revise various rules to accommodate the proposed amendments set forth in the recommendation. These amendments do not themselves affect practice or procedure. Generally, these amendments delete references to actions at law and actions in equity, replacing them with the ''civil action''. Similarly, the terms ''decree'' and ''adjudication'' found in a number of rules are deleted and replaced with the terms ''order'' and ''decision''.
By the Civil Procedural Rules Committee
R. STANTON WETTICK, Jr.,
Chair
Tables
I. Civil Action and Equity Rules Amended Business of the Court
Rule 400. Person to Make Service Civil Action Rules
Rule 1001. Definition. Scope Rule 1006. Venue. Change of Venue Rule 1007.1. Jury Trial. Demand. Waiver Rule 1020. Pleading More than One Cause of action. Alternative Pleading. Failure to Join. Bar Rule 1028. Preliminary Objections Rule 1031. Counterclaim Rule 1032. Waiver of Defenses. Exceptions. Suggestion of Lack of Subject Matter Jurisdiction of Failure to Join Indispensable Party Rule 1037. Judgment Upon Default or Admission. Assessment of Damages Rule 1038. Trial Without Jury Order Effective February 8, 1969 Captioning and Docketing of Actions and Proceedings in the Courts of Common Pleas Equity
Rule 1521. Indexing of Decree. Lien and Revival of Decree for Payment of Money Rule 1531. Special Relief. Injunctions Rule 1533. Special Relief. Receivers
II. Equity Rules Rescinded
Rule 1501. Conformity to Civil Action Rule 1502. Court Open Rule 1503. Venue Rule 1504. Service (Previously rescinded) Rule 1505. Defendant Not Served Rule 1507. Specific Averments. Possible Persons Interested in Property. Appointment of a Representative Rule 1508. Pleading More than One Cause of Action Rule 1509. Preliminary Objections Rule 1510. Counterclaim Rule 1511. Judgment Upon Default or Admission Rule 1512. Nonsuit Rule 1513. Trial by Jury. Advisory Verdict Rule 1514. Examiners, Masters and Auditors Rule 1515. Accountants and Experts Rule 1516. Oral Argument. Limitation On Requests for Findings and Conclusions Rule 1517. The Adjudication. Notice Rule 1518. (Previously rescinded) Rule 1519. (Previously rescinded) Rule 1520. Form of Decree Rule 1522. Rehearing Rule 1523. Costs Rule 1524. Security for Costs Rule 1525. Interlocutory Order for Costs Rule 1526. Liability for Costs Rule 1527. Taxation of Costs Rule 1528. Amendments Rule 1529. Enforcement of Orders. Execution Process Rule 1530. Special Relief. Accounting Rule 1532. Special Relief. Perpetuation of Testimony Rule 1536. Effective Date. Pending Actions
III. Civil Action and Equity Rules Unaffected Civil Action
Rule 1002. Authority of Attorney Rule 1003. Waiver of Rules. Extension of Time Rule 1007. Commencement of Action Rule 1012. Entry of Appearance. Withdrawal of Appearance. Notice Rule 1018. Caption Rule 1018.1. Notice to Defend. Form Rule 1019. Contents of Pleadings. General and Specific Averments Rule 1021. Claim for relief. Determination of Amount in Controversy Rule 1022. Paragraphing Rule 1023.1 et seq. Signing of Documents Rule 1024. Verification Rule 1025. Endorsement Rule 1026. Time for Filing. Notice to Plead Rule 1029. Denials. Effect of Failure to Deny Rule 1030. New Matter Rule 1033. Amendment Rule 1034. Motion for Judgment on the Pleadings Rules 1035.1--1035.5. Summary Judgment Rule 1036. Dismissal Upon Affidavit of Noninvolvement Rule 1038.1. Case Submitted on Stipulated Facts Rule 1038.2. Abolition of Case Stated Equity
Rule 1506. Stockholder's Derivative Action Rule 1534. Accounting by Fiduciaries Rule 1535. Objections to Security
IV. Conforming Amendments Business of the Courts
Rule 205.4. Electronic Filing And Service Of Legal Papers Rule 227.1. Post-Trial Relief Rule 227.4. Entry of Judgment upon Praecipe of a Party Rule 236. Notice by Prothonotary of Entry of Order, Decree, or Judgment Rule 237. Notice of Praecipe for Final Judgment or Decree Rule 249. Authority of Individual Judge Rule 250. Scope of Chapter Service
Rule 440. Service of Legal Papers other than Original Process Action to Quiet Title
Rule 1066. Form of Judgment or Order Action of Mortgage Foreclosure
Rule 1141. Definitions. Conformity to Civil Action Partition of Real Property
Rule 1569. Master's Report. Exceptions Rule 1570. Adjudication and Decree. Decision Rule 1573. Return of Sale and Schedule of Distribution Actions by Real Parties in Interest
Rule 2001. Definitions Minors as Parties
Rule 2026. Definitions Incapacitated Persons as Parties
Rule 2051. Definitions The Commonwealth and Political Subdivisions as Parties
Rule 2101. Definitions Partnerships as Parties
Rule 2126. Definitions Rule 2129. Actions between Partner-ships and Partners Unincorporated Associations as Parties
Rule 2151. Definitions Rule 2154. Actions between Associations and Members Corporations and Similar Entities as Parties
Rule 2176. Definitions Rule 2178. Actions between a Corporation or Similar Entity and Members Thereof Actions for Wrongful Death
Rule 2201. Definitions Joinder of Parties
Rule 2226. Definitions Joinder of Additional Defendants
Rule 2251. Definitions Interpleader by Defendants
Rule 2301. Definitions Rule 2318. Exclusive Method at Law. Equity Interpleader Preserved Intervention
Rule 2326. Definitions Rule 2328. Petition to Intervene Substitution of Parties
Rule 2351. Definitions Transfer of Judgments to Other Counties
Rule 3001. Definition Enforcement of Judgments for the Payment of Money
Rule 3101. Definitions. Garnishee Rule 3131. Sale of Real Property Located in More than One County Discovery
Rule 4001. Definitions
[Pa.B. Doc. No. 02-1042. Filed for public inspection June 14, 2002, 9:00 a.m.]
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