Rule 39-1066.
Form of Judgment or Order
39-1066.1. Except as otherwise provided by special Order
of Court, when the Complaint has been served by publication, notice of the Order
made under Pa.R.C.P. 1066(b)(1) shall be given by one publication in a
newspaper of general circulation published in the county, and the judgment
against the defendant shall become final unless the defendant shall take the
action directed by the Decree of the Court within thirty (30) days after the
publication of such Decree. The
publication of notice shall be in substantially the following form:
(Caption of Case)
To_______________________________:
(Name(s) of Defendant(s))
You are notified that an Order has
been entered on ______(Date)_________ directing that within thirty (30)
days after this publication you shall _____(set forth the action directed in
the Order)_____ or be forever barred from asserting any right, lien, title
or interest inconsistent with the interest or claim set forth in the
plaintiff's Complaint to the land here described.
(Describe Land)
Insert Notice required by Pa.R.C.P.
1009(F) here.
By____________________________
(Attorney for Plaintiff(s))
______________________________
(Address
of Attorney for Plaintiff(s))
When more than one publication is
ordered the form shall be modified accordingly.
39-1066.2. Upon failure of defendant to take the
required action before the expiration of the time set forth in the
advertisement described in the preceding Rule, the plaintiff may, upon filing
due proof of publication of the notice, issue to the Prothonotary a Praecipe in
substantially the following form:
(Caption of Case)
Sir:
Enter note on appearance
docket and on Decree showing failure of defendant(s) to take action directed in
the last advertisement within the time therein limited; transmit the Recorder
of Deeds a certified copy of the Decree containing the notation above
described.
______________________________
(Attorney
for Plaintiff(s))
Upon receipt of the said Praecipe
the Prothonotary shall make appropriate notation on the Decree and on the
appearance docket and transmit to the Recorder a certified copy of the Decree
containing said notation. Upon payment
of recording fees the Recorder of Deeds shall record the same in the deed
records and shall index it against the defendant as grantor and in favor of the
plaintiff as grantee.