Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

231 Pa. Code Rule 1147. The Complaint.

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).



No part of the information on this site may be reproduced for profit or sold for profit.


This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.