231 Pa. Code Rule 1084. Judgment Before Trial When Defendant is Served or Appears.

Rule 1084. Judgment Before Trial When Defendant is Served or Appears.

(a)  If the defendant is served or appears in the action and judgment is entered before trial for the party in possession of the property, the judgment shall determine the party’s right to
   (1)  retain possession of the property, and
   (2)  recover special damages, if any.
(b)  If judgment is entered before trial for a party not in possession of the property, the judgment shall determine
   (1)  the party’s right to recover possession of the property,
   (2)  the money value of the property based upon the value set forth in the plaintiff’s complaint, and
   (3)  the party’s right to recover special damages, if any.
(c)  Special damages shall be assessed by a trial at which the issues shall be limited to the amount of the damages.

Source

   The provisions of this Rule 1084 adopted June 25, 1946, effective January 1, 1947; amended June 23, 1975, effective October 1, 1975, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial pages (212326) to (212327).

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