THE COURTS
Title 231--RULES OF
CIVIL PROCEDURE
PART I. GENERAL
[231 PA. CODE CHS. 200, 400, 1000, 2950, 2970, 3000 AND 4000]
Amendment of Rule 1018.1 Governing the Notice to Defend and Conforming Amendments; No. 393 Civil Procedural Rules; Doc. No. 5
[33 Pa.B. 2974]
Order Per Curiam:
And Now, this 10th day of June, 2003, the Pennsylvania Rules of Civil Procedure are amended as follows:
I. Rule 1018.1 is amended to read as follows.
II. Rules 237.4, 237.5, 430 and 4009.33 are amended to read as follows.
III. Rules 2964, 2965, 2966, 2974.2, 2974.3, 3146, 3252, 3282, and 3288 are amended to read as follows.
This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective September 1, 2003.
Annex A
TITLE 231. RULES OF CIVIL PROCEDURE
PART I. GENERAL
CHAPTER 200. BUSINESS OF COURTS Rule 237.4. Form of Notice of Praecipe to Enter Judgment of Non Pros.
The notice required by Rule 237.1(a)(2) shall be substantially in the following form:
* * * * * YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. [YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:]
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.
* * * * * Rule 237.5. Form of Notice of Praecipe to Enter Judgment by Default.
The notice required by Rule 237.1(a)(2) shall be substantially in the following form:
* * * * * YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. [YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:]
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.
* * * * *
CHAPTER 400. SERVICE OF ORIGINAL PROCESS
SERVICE PURSUANT TO SPECIAL ORDER OF COURT Rule 430. Service Pursuant to Special Order of Court. Publication.
* * * * * (b)(1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice substantially in the following form:
NOTICE * * * * * [YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.]
YOU SHOULD TAKE THIS NOTICE 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.
* * * * *
CHAPTER 1000. ACTIONS AT LAW
Subchapter A. CIVIL ACTION
PLEADINGS Rule 1018.1. Notice to Defend. Form.
* * * * * (b) [CAPTION]
NOTICE* * * * * YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER [OR CANNOT AFFORD ONE], GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW [TO FIND OUT WHERE YOU CAN GET LEGAL HELP]. 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.
* * * * * Official Note:
* * * * * This rule applies to all complaints including those where service is by publication. For the mandatory content of the publication in such cases see Rule [1009(f)] 430(b).
When a defendant is [a nonresident] served outside the United States, [Rules 2081(a), 2131.2(a), 2157.2(a) and 2182(a) provide] Rule 1026(b) provides a sixty-day period for pleading.
(c) Each court shall by local rule designate the officer, organization, agency or person to be named in the notice from whom [legal help] information can be obtained.
* * * * *
CHAPTER 4000. DEPOSITIONS AND DISCOVERY
ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES Rule 4009.33. Motion for Entry Upon Property of a Person Not a Party.
* * * * * (c) The notice required by subdivision (a) shall be substantially in the following form:
(CAPTION)
IMPORTANT NOTICE* * * * * YOU MAY WISH TO TAKE THIS NOTICE TO A LAWYER WHO CAN ADVISE YOU. IF YOU DO NOT HAVE A LAWYER AND WISH TO OBTAIN ONE, CONTACT [THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:] THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
* * * * * Conforming amendments are made to the following rules of civil procedure as follows:
Rule 2964. Notice of Judgment and Execution Required by Rule 2958.1. Form. Rule 2965. Notice of Judgment and Execution Required by Rule 2958.2. Form. Rule 2966. Notice of Judgment and Execution Required by Rule 2958.3. Form. Rule 2974.2. Notice of Judgment and Execution Required by Rule 2973.2. Form. Rule 2974.3. Notice of Judgment and Execution Required by Rule 2973.3. Form. Rule 3146. Judgment against garnishee upon default or admission in answer to interrogatories. Rule 3252. Writ of execution; money judgments. Rule 3282. Petition. Averments. Notice to Defend. Rule 3288. Petition. Averments. Notice to Defend. [YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.]
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.
[Pa.B. Doc. No. 03-1245. Filed for public inspection June 27, 2003, 9:00 a.m.]
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