Rule 1147. The Complaint.
(a) The plaintiff shall set forth in the complaint:
(1) the parties to and the date of the mortgage, and of any assignments, and a statement of the place of record of the mortgage and assignments;
(2) a description of the land subject to the mortgage;
(3) the names, addresses and interest of the defendants in the action and that the present real owner is unknown if the real owner is not made a party;
(4) a specific averment of default;
(5) an itemized statement of the amount due; and
(6) a demand for judgment for the amount due.
Official Note
The plaintiff may also set forth in the complaint a release of the mortgagor and the mortgagor’s successors in interest. See Rule 1144(b).
If the mortgage is a residential mortgage under Act No. 6 of 1974, 41 P. S. 101, the complaint should set forth an averment of compliance with the provisions of Section 403 of Act No. 6, 41 P. S. 403.
(b) If the plaintiff is proceeding against both personal and real property covered by a mortgage as provided by Section 9604(a) of the Uniform Commercial Code, the plaintiff shall set forth in the complaint.
(1) the matters required by subdivision (a), and
(2) a description of the personal property subject to the mortgage.
Official Note
Section 9604(a) of the Uniform Commercial Code, 13 Pa.C.S. § 9604(a), relates to the rights of a secured party when the agreement covers real and personal property. Compliance with subdivision (b) of this rule is a prerequisite to executing in one proceeding pursuant to Rule 3180(b) against both the real and personal property secured by the mortgage.
Source The provisions of this Rule 1147 adopted September 30, 1949, effective April 1, 1950; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended March 13, 2007, effective June 1, 2007, 37 Pa.B. 1411. Immediately preceding text appears at serial pages (255241) to (255242).
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