THE COURTS
Title 231--RULES OF
CIVIL PROCEDURE
PART I. GENERAL
[231 PA. CODE CHS. 200, 400, 1000, 1500, 1600, 2000, 2020, 2050, 2100, 2120, 2150, 2170, 2200, 2220, 2250, 2300, 2320, 2350, 3000 AND 4000]
Consolidation of the Action in Equity with the Civil Action; No. 402 Civil Procedural Rules; Doc. No. 5
[34 Pa.B. 9]
Order Per Curiam:
And Now, this 16th day of December, 2003, the Pennsylvania Rules of Civil Procedure are amended as follows:
1. Rules 1505, 1507, 1514, 1515, 1523 through 1527, 1529, 1530, and 1536 are rescinded.
2. Rules 1501, 1502, 1503, 1508, 1509, 1510, 1511, 1512, 1513, 1516, 1517, 1520, 1522, 1528, 1576, 1577 and 1580 are rescinded and notes are added to read as follows.
3. Rules 205.4 note, 227.1, 227.4, 236, 237, 249, 250, 400, 440, 1001, 1006, 1007.1, 1020, 1028, 1031, 1032, 1037, 1038, 1066, 1141, 1521, 1531, 1532, 1533, 1549, 1550, 1551, 1569, 1570, 1573, 1601, 1602, 2001, 2026, 2051, 2101, 2126, 2129, 2130, 2151, 2154, 2156, 2176, 2178, 2179, 2201, 2226, 2251, 2301, 2318, 2326, 2328, 2351, 3001, 3101, 3131 and 4001 are amended to read as follows.
4. New Rule 1038.3 is promulgated to read as follows.
5. Paragraph (b) of the Order effective February 8, 1969, entitled ''Captioning and Docketing of Actions and Proceedings in the Courts of Common Pleas,'' is suspended.1
This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective July 1, 2004.
Annex A
TITLE 231. RULES OF CIVIL PROCEDURE
PART I. GENERAL
CHAPTER 1000. ACTIONS AT LAW
Subchapter A. CIVIL ACTION
GENERAL Rule 1001. Definition. Scope.
(a) As used in this chapter and in Rules 1506, 1521, and 1531 through 1535, ''action'' means a civil action brought in or appealed to any court which is subject to these rules.
[(b)(1) All claims heretofore asserted in assumpsit or trespass shall be asserted in one form of action to be known as ''civil action.'']
(b) There shall be a ''civil action'' in which shall be brought all claims for relief heretofore asserted in
(1) the action of assumpsit,
(2) the action of trespass, and
(3) the action in equity.
Official Note: The procedural distinctions between the forms of action in assumpsit [and], trespass and equity are abolished.
The following rules govern particular types of equitable relief: Rule 1506 (stockholder's derivative suits, Rule 1531 (injunctions), Rule 1532 (perpetuation of testimony), Rule 1533 (receivers), Rule 1534 (Accounting by Fiduciaries) and Rule 1535 (objections to security).
The action to prevent waste has been abolished. The relief formerly available in that action may be obtained in a civil action seeking equitable relief
See Rule 104.1 for special provisions governing asbestos litigation.
[(2)] (c) * * *
* * * * *
VENUE AND PROCESS Rule 1006. Venue. Change of Venue.
(a) Except as otherwise provided by subdivisions (a.1), (b) and (c) of this rule, an action against an individual may be brought in and only in a county in which
(1) the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other county authorized by law[.], or
* * * * * (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.
* * * * * Rule 1007.1. Jury Trial. Demand. Waiver.
(a) In any action in which the right to jury trial exists, that right shall be deemed waived unless a party files and serves a written demand for a jury trial not later than twenty days after service of the last permissible pleading. The demand shall be made by endorsement on a pleading or by a separate writing.
Official Note: Rule 1007.1(a) gives no specific guidance on the existence of a right to jury trial. It could not, in the face of Rule 128(f).
* * * * * [(d) Rescinded.
Official Note: The Act of June 25, 1937, P. L. 2090, 12 P. S. § 695 relating to demand for or waiver of jury trial in Philadelphia County, formerly suspended by subdivision (d), has been repealed by Act 1978-53, the Judiciary Act Repealer Act.]
PLEADINGS Rule 1020. Pleading More Than One Cause of Action. Alternative Pleading. Failure to Join. Bar.
(a) The plaintiff may state in the complaint more than one cause of action cognizable in a civil action against the same defendant [heretofore asserted in assumpsit or trespass]. Each cause of action and any special damage related thereto shall be stated in a separate count containing a demand for relief.
* * * * * (d)[(1)] If a transaction or occurrence gives rise to more than one cause of action heretofore asserted in assumpsit and trespass, against the same person, including causes of action in the alternative, they shall be joined in separate counts in the action against any such person. Failure to join a cause of action as required by this subdivision shall be deemed a waiver of that cause of action as against all parties to the action.
Official Note: [Subdivision (d)(1) requires the joinder of related causes of action. The joinder of unrelated causes of action is permissive. See subdivision (a).]
Mandatory joinder is limited to related causes of action heretofore asserted in assumpsit and trespass. There is no mandatory joinder of related causes of action in equity.
[For Rules governing joinder of parties, see] See Rule 2226 et seq. governing joinder of parties.
See Rule 213(a) and (b) governing the consolidation and severance of causes of action.
[(2) Rescinded.
(3) Rescinded.
Official Note: Former subdivision (d)(3) governed election of remedies between assumpsit and trespass, joint trial of multiple causes of action, submission of specific questions to the jury and molding the verdict.
Any reference to election of remedies has become procedurally irrelevant as the result of the creation of the single form of civil action.
See Rule 213(a) and (b) governing the consolidation and severance of causes of action.
(4) Failure to join a cause of action as required by subdivision (d)(1) of this Rule shall be deemed a waiver of that cause of action as against all parties to the action.
(5) Rescinded.]
Rule 1028. Preliminary Objections.
(a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds:
* * * * * (4) legal insufficiency of a pleading (demurrer); [and]
* * * * * (5) lack of capacity to sue, nonjoinder of a necessary party or misjoinder of a cause of action; [and]
(6) pendency of a prior action or agreement for alternative dispute resolution[.];
* * * * * (7) failure to exercise or exhaust a statutory remedy, and
(8) full, complete and adequate non-statutory remedy at law.
* * * * * (c)(1) A party may file an amended pleading as of course within twenty days after service of a copy of preliminary objections. If a party has filed an amended pleading as of course, the preliminary objections to the original pleading shall be deemed moot.
(2) The court shall determine promptly all preliminary objections. If an issue of fact is raised, the court shall consider evidence by depositions or otherwise.
Official Note: Preliminary objections raising an issue under subdivision (a)(1), (5) [or], (6), (7) or (8) cannot be determined from facts of record. In such a case, the preliminary objections must be endorsed with a notice to plead or no response will be required under Rule 1029(d).
* * * * * Rule 1031. Counterclaim.
(a) The defendant may set forth in the answer under the heading ''Counterclaim'' any cause of action [heretofore asserted in assumpsit or trespass] cognizable in a civil action which the defendant has against the plaintiff at the time of filing the answer.
* * * * * Rule 1032. Waiver of Defenses. Exceptions. Suggestion of Lack of Subject Matter Jurisdiction or Failure to Join Indispensable Party.
(a) A party waives all defenses and objections which are not presented either by preliminary objection, answer or reply, except a defense which is not required to be pleaded under Rule 1030(b), the defense of failure to state a claim upon which relief can be granted, the defense of failure to join an indispensable party, the objection of failure to state a legal defense to a claim, the defenses of failure to exercise or exhaust a statutory remedy and an adequate remedy at law and any other nonwaivable defense or objection.
* * * * *
JUDGMENT UPON DEFAULT OR ADMISSION Rule 1037. Judgment Upon Default or Admission. Assessment of Damages.
* * * * * (b) The prothonotary, on praecipe of the plaintiff, shall enter judgment against the defendant for failure to file within the required time a pleading to a complaint which contains a notice to defend or, except as provided by subdivision (d), for any relief admitted to be due by the defendant's pleadings.
Official Note:
* * * * * While the prothonotary may enter a default judgment in an action legal or equitable, only the court may grant equitable relief. See subdivision (d).
* * * * * (d) In all cases in which equitable relief is sought, the court shall enter an appropriate order upon the judgment of default or admission and may take testimony to assist in its decision and in framing the order.
Rule 1038. Trial Without Jury.
(a) Except as otherwise provided in this rule, the trial of an action by a judge sitting without a jury shall be conducted as nearly as may be as a trial by jury is conducted and the parties shall have like rights and privileges, including the right to [suffer or] move for nonsuit.
* * * * * (c) The decision may be made orally in open court at the end of the trial, and in that event shall be forthwith transcribed and filed in the office of the prothonotary, or it may be made thereafter in writing and filed forthwith. In either event the prothonotary shall notify all parties or their attorneys of the date of filing. The trial judge shall render a decision within seven days after the conclusion of the trial except in protracted cases or cases of extraordinary complexity.
Official Note: A decision includes what were formerly known as a decree nisi and an adjudication. A decision is not a final decree, also known as a judgment.
For post-trial relief following a trial without jury, see Rule 227.1.
For entry of judgment upon praecipe of a party, see Rule 227.4.
[(d) (Rescinded).
Official Note: For post-trial relief following a trial without jury, see Rule 227.1.
(e) (Rescinded).
Official Note: For entry of judgment upon praecipe of a party, see Rule 227.4.
(f) (Rescinded).
(g) Rule VIII of the Special Rules, Courts of Common Pleas, First Judicial District, Philadelphia County, adopted July 31, 1963 is suspended.]
Rule 1038.3. Equitable Relief. Advisory Verdict by Jury.
In any case in which there is a claim for equitable relief, the court on its own motion or upon the petition of any party may submit to trial by jury any or all issues of fact arising from that claim. The advisory verdict of the jury shall be in the form of answers to specific questions and shall not be binding upon the court.
Official Note: Rule 1038.3 does not confer a right to trial by jury if the right did not exist prior to the consolidation of the action in equity with the civil action.
The rule preserves the practice under former Equity Rule 1513 of allowing a court in its discretion to submit such claims to trial by jury for an advisory verdict.
CHAPTER 1500. [ACTION IN EQUITY] EQUITABLE RELIEF
Subchapter A. RULES Rule 1501. [Conformity to Civil Action] (Rescinded).
Official Note: The action in equity has been abolished. Equitable relief may be obtained through a civil action, Rule 1001 et seq. Rules 1506, 1521 and 1531 through 1535 are special rules governing equitable relief sought in a civil action.
Rule 1502. [Court Open] (Rescinded).
Official Note: The court is ''always open for the transaction of judicial business.'' See Section 324 of the Judicial Code, 42 Pa.C.S. § 324
Rule 1503. [Venue] (Rescinded).
Official Note: See Rule 1006 governing venue in a civil action.
Rule 1505. [Defendant Not Served] (Rescinded).
Rule 1507. [Specific Averments. Possible Persons Interested in Property. Appointment of a Representative] (Rescinded).
Rule 1508. [Pleading More Than One Cause of Action] (Rescinded).
Official Note: See Rule 1020 governing the pleading of more than one cause of action.
Rule 1509. [Preliminary Objections] (Rescinded).
Official Note: See Rule 1028 governing preliminary objections.
Rule 1510. [Counterclaim] (Rescinded).
Official Note: See Rule 1031 governing counterclaim in a civil action.
Rule 1511. [Judgment upon Default or Admission] (Rescinded).
Official Note: See Rule 1037 governing judgment upon default or admission.
Rule 1512. [Nonsuit] (Rescinded).
Official Note: See Rules 230 and 230.1 governing voluntary nonsuit and nonsuit at trial, respectively.
Rule 1513. [Trial by Jury. Advisory Verdict] (Rescinded).
Official Note: See Rule 1038.3 governing advisory verdict by jury.
Rule 1514. [Examiners, Masters and Auditors] (Rescinded).
Rule 1515. [Accountants and Experts] (Rescinded).
Rule 1516. [Oral Argument. Limitation on Requests for Findings and Conclusions] (Rescinded).
Official Note: See Rule 1038 for the conduct of a trial without a jury.
Rule 1517. [The Adjudication. Notice] (Rescinded).
Official Note: See Rule 1038 for the decision in a trial without a jury.
Rule 1520. [Form of Decree] (Rescinded).
Official Note: See Rule 1038 for the decision in a trial without a jury.
Rule 1521. Indexing of Decree. Lien and Revival of Decree for Payment of Money.
(a) [Decrees, nisi] Orders, interlocutory or final, shall be entered on the judgment index [of the law side of the court].
(b) [Decrees] Orders for the payment of money shall be a lien on the real estate of the defendant named in the [decree] order in the manner, for the period and with the same effect as the lien of judgments [rendered by the law side of the court] for the payment of money.
(c) [Decrees] Orders for the payment of money or costs and not satisfied may be revived from time to time in the manner provided by law for the revival of judgments.
Rule 1522. [Rehearing] (Rescinded).
Official Note: See Rule of Appellate Procedure 1701(b) governing reconsideration of an order.
Rule 1523. [Costs] (Rescinded).
Rule 1524. [Security for Costs] (Rescinded).
Rule 1525. [Interlocutory Order for Costs] (Rescinded).
Rule 1526. [Liability for Costs] (Rescinded).
Rule 1527. [Taxation of Costs] (Rescinded).
Rule 1528. [Amendments] (Rescinded).
Official Note: See Rule 1033 governing amendment of pleadings.
Rule 1529. [Enforcement of Orders. Execution Process] (Rescinded).
Rule 1530. [Special Relief. Accounting] (Rescinded).
Rule 1531. Special Relief. Injunctions.
* * * * * (f)(1) When a preliminary or special injunction involving freedom of expression is issued, either without notice or after notice and hearing, the court shall hold a final hearing within three days after demand by the defendant. A final [decree] order shall be filed in the office of the prothonotary within twenty-four hours after the close of the hearing. If the final hearing is not held within the three-day period, or if the final [decree] order is not filed within twenty-four hours after the close of the hearing, the injunction shall be deemed dissolved.
Official Note: The three-day period is the maximum time. In particular cases a shorter period may be required. [The equity side of the Court is always open. See Rule 1502.] The court is ''always open for the transaction of judicial business.'' See Section 324 of the Judicial Code, 42 Pa.C.S. § 324.
(2) When the defendant demands such a final hearing, no further pleadings shall be required and Rule [1517] 1038(b) and (c) relating to [adjudication and decree nisi] decision in a trial without jury and Rules 227.1 to 227.3 relating to post-trial relief shall not apply.
(3) The trial judge shall file a written memorandum supporting the final [decree] order within five days after it is filed.
Rule 1532. Special Relief. Perpetuation of Testimony.
* * * * * (b) In an action to perpetuate testimony, the testimony may be taken before the court or by depositions. The procedure for the taking of the testimony by depositions shall conform as nearly as practicable to the proceedings under the rules on depositions and discovery. The final [decree] order shall direct whether or not the testimony or a part thereof shall be perpetuated.
* * * * * Rule 1533. Special Relief. Receivers.
* * * * * (e) Except in the case of a public utility, a [decree] order authorizing a receiver to operate a business shall be limited to a fixed period, which may be extended from time to time upon cause shown after notice to all parties in interest.
* * * * * (g) Every [decree] order appointing a permanent receiver shall fix the time within which the receiver shall file a report setting forth the property of the debtor, the interests in and claims against it, its income-producing capacity and recommendations as to the best method of realizing its value for the benefit of those entitled.
* * * * * Rule 1536. [Effective Date. Pending Actions] (Rescinded).
Rule 1549. Acts of Assembly Not Suspended.
[These] The rules governing a civil action shall not be deemed to suspend or affect the following Acts of Assembly:
(1) Sections 1 and 2 of the Act approved May 4, 1869, P. L. 1251, 68 P. S. §§ 115, 116.
Official Note: These sections make unlawful the cutting, removing or selling of timber by the owner of an undivided interest in land, without the written consent of all interests and authorize proceedings for recovery of timber or damages.
(1.1) Sections 12 and 15 of the Act approved June 4, 1901, P. L. 404, No. 231, 39 P. S. §§ 42, 48.
* * * * * Rule 1550. Acts of Assembly Suspended.
The following Acts of Assembly are suspended insofar as they apply to the practice and procedure in [actions in equity] a civil action to the extent hereinafter set forth, in accordance with Article V, Section 10(c) of the Constitution of 1968:
* * * * *
CONFORMING AMENDMENTS
CHAPTER 200. BUSINESS OF COURTS Rule 205.4. Electronic Filing and Service of Legal Papers.
* * * * * (g) Copies of all legal papers other than original process filed in an action or served upon any party to an action may be served
* * * * * (2) by electronic transmission, other than facsimile transmission, if the parties agree thereto or an electronic mail address is included on an appearance or prior legal paper filed with the court in the action. Service is complete when the legal paper is sent. A paper served electronically is subject to the certifications set forth in subdivision (b)(1).
Official Note:
* * * * * See Rule 236(d) providing for the prothonotary to give notice of orders[, decrees] and judgments, and also other matters, by facsimile transmission or other electronic means.
* * * * * Rule 227.1. Post-Trial Relief.
(a) After trial and upon the written Motion for Post-Trial Relief filed by any party, the court may
* * * * * (4) affirm, modify or change the decision [or decree nisi]; or
(5) enter any other appropriate order.
Official Note: The motion for post-trial relief replaces the following motions and exceptions: motion for new trial, motion for judgment notwithstanding the verdict, motion upon the whole record after disagreement of a jury, motion in arrest of judgment, motion to remove a nonsuit[,] and exceptions following the decision of the judge in a trial without jury [and exceptions following the adjudication of the judge in an action in equity. However, certain rules retain]
The following rules provide for the filing of exceptions, e.g., Equity Rule 1530 (exceptions to an auditor's report), Equity Rule 1534 (exceptions to a fiduciary's account), Partition Rule 1569 (exceptions to a master's report) and Divorce Rule 1920.55-2 (exceptions to a master's report), Support Rule 1910.12(e) (exceptions to a hearing officer's report) and Execution Rule 3136(d) (exceptions to sheriff's schedule of proposed distribution).
* * * * * (c) Post-trial motions shall be filed within ten days after
* * * * * (2) notice of nonsuit or the filing of the decision [or adjudication] in the case of a trial without jury [or equity trial].
If a party has filed a timely post-trial motion, any other party may file a post-trial motion within ten days after the filing of the first post-trial motion.
Official Note: A motion for post-trial relief may be filed following a trial by jury[,] or a trial by a judge without a jury [in an action at law] pursuant to Rule 1038 [or a trial by a judge without a jury in an action in equity]. A motion for post-trial relief may not be filed to orders disposing of preliminary objections, motions for judgment on the pleadings or for summary judgment, motions relating to discovery or other proceedings which do not constitute a trial. See U. S. National Bank in Johnstown v. Johnson, 506 Pa. 622, 487 A.2d 809 (1985).
* * * * * Rule 227.4. Entry of Judgment upon Praecipe of a Party.
In addition to the provisions of any Rule of Civil Procedure or Act of Assembly authorizing the prothonotary to enter judgment upon praecipe of a party, the prothonotary shall, upon praecipe of a party:
(1) enter judgment upon the verdict of a jury or the decision of a judge following a trial without jury, [or enter the decree nisi as the final decree,] if
* * * * * (2) enter judgment when a court grants or denies relief but does not itself enter judgment or order the prothonotary to do so.
Official Note: See Rule 236 requiring the prothonotary to give notice of the entry of an order[, decree] or judgment and Rule 237 requiring notice of filing of praecipe for judgment. For illustrative Rules of Civil Procedure specifically authorizing entry of judgment by the prothonotary on praecipe of a party, see Rules 1037, 1511(a), 1659, 3031(a), and 3146.
Rule 236. Notice by Prothonotary of Entry of Order[, Decree,] or Judgment.
(a) The prothonotary shall immediately give written notice of the entry of
* * * * * (2) any other order[, decree] or judgment to each party's attorney of record or, if unrepresented, to each party. The notice shall include a copy of the order[, decree] or judgment.
* * * * * (d) The prothonotary may give the notice required by subdivision (a) or notice of other matters by facsimile transmission or other electronic means if the party to whom the notice is to be given or the party's attorney has filed a written request for such method of notification or has included a facsimile or other electronic address on a prior legal paper filed in the action.
Official Note:
* * * * * Notice by facsimile transmission or other electronic means is applicable not only to [decrees,] orders and judgments under subdivision (a) but also to ''other matters'' such as the scheduling of a conference, hearing or trial or other administrative matters. Where the technology involved provides an acknowledgment for the mailing or the receipt of the notice, the prothonotary should retain that acknowledgment as part of his or her file.
* * * * * Rule 237. Notice of Praecipe for Final Judgment [or Decree].
No praecipe for judgment on a verdict[,] or for judgment on a decision in a trial without a jury [or for a final decree following a decree nisi in equity] shall be accepted by the prothonotary unless it includes a certificate that a copy of the praecipe has been mailed to each other party who has appeared in the action or to the attorney of record for each other party.
Rule 249. Authority of Individual Judge.
(a) Except where the court is required to act en banc, a [law] judge may perform any function of the court, including the entry of interlocutory or ex parte orders[, decrees] and other matters in the nature thereof.
(b) A [law] judge may perform a function of the court, other than trying an action, at any time and at any place within the judicial district.
* * * * * Rule 250. Scope of Chapter.
The rules of this chapter shall apply to all civil actions and proceedings [at law and in equity].
CHAPTER 400. SERVICE OF ORIGINAL PROCESS
SERVICE GENERALLY Rule 400. Person to Make Service.
* * * * * (b) In addition to service by the sheriff, original process may be served also by a competent adult in the following actions: [equity,]
(1) civil action in which the complaint includes a request for injunctive relief under Rule 1531, perpetuation of testimony under Rule 1532 or appointment of a receiver under Rule 1533,
(2) partition, [prevent waste,] and
(3) declaratory judgment when declaratory relief is the only relief sought.
* * * * *
SERVICE OF LEGAL PAPERS OTHER THAN ORIGINAL PROCESS Rule 440. Service of Legal Papers Other than Original Process.
* * * * * (d)(1) A copy may be served by facsimile transmission if the parties agree thereto or if a telephone number for facsimile transmission is included on an appearance or prior legal paper filed with the court.
* * * * * (3) Service is complete when transmission is confirmed as complete
Official Note: See Rule 236(d) providing for the prothonotary to give notice of orders[, decrees] and judgments, and also other matters, by facsimile or other electronic means.
* * * * *
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
* * * * *
Subchapter I. ACTION OF MORTGAGE FORECLOSURE 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* * * * *
CHAPTER 1500. ACTION IN EQUITY
Subchapter B. PARTITION OF REAL PROPERTY Rule 1551. Form of Action.
Except as otherwise provided in this chapter, the procedure in an action for the partition of real estate shall be in accordance with the rules relating to the civil action [in equity].
* * * * * 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.
Subchapter C. ACTIONS TO PREVENT WASTE Rule 1576. [Remedies in Pending Actions] (Rescinded).
Official Note: A claim to prevent waste may be brought as a civil action for equitable relief.
Rule 1577. [Original Actions. Conformity to Equity] (Rescinded).
Official Note: An original action to restrain waste should be brought as a civil action seeking equitable relief.
Subchapter D. ACTS OF ASSEMBLY NOT SUSPENDED Rule 1580. [Actions to Prevent Waste. Act of Assembly Not Suspended] (Rescinded).
Official Note: The provision of this rule has been transferred to Rule 1549(1).
CHAPTER 1600. ACTION FOR DECLARATORY JUDGMENT Rule 1601. Action for Declaratory Relief Alone. Jury Trial. Waiver.
(a) A plaintiff seeking only declaratory relief shall commence an action by filing a complaint captioned ''Action for Declaratory Judgment.'' The practice and procedure shall follow, as nearly as may be, the rules governing the [Action in Equity] civil action.
* * * * * Official Note: Rule 1601(b) gives no specific guidance on the existence of a right to jury trial. It could not, in the face of Rule 128(f). Section 7539(b) of the Judicial Code provides:
* * * * * The existence of a right to jury trial on disputed issues of fact will be a matter of determination in each action where only declaratory relief is sought. If the right is claimed and disputed, the court must determine the question on the basis of the nature of the cause of action, the right to be enforced and the ''other civil action'' which would be brought to enforce it if declaratory judgment did not exist. The flexible Federal practice under Fed. R. Civ. P. 38, 39 and 57, including the procedure for the jury trial of selected issues, may be helpful. Pa. R.C.P. [1513] 1038.3 may also be applicable.
Rule 1602. Declaratory Judgment as Ancillary Relief.
In any civil action [at law or in equity], a party may include in the claim for relief a prayer for declaratory relief and the practice and procedure shall follow, as nearly as may be, the rules governing that action.
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