RULE
39-410. Real Property Actions
39-410.1
Action to Quiet Title
In
an action to quiet title, if service of process cannot otherwise be made under
the applicable Rules of Civil Procedure, the Plaintiff may move the Court for a
special Order directing the method of service.
If service of process by publication is authorized, the publication
shall be substantially the following form:
(Caption of
Case)
To: ________________________________:
(Name(s)
of Defendant(s))
You
are notified that the Plaintiff(s) has (have) commenced an action to quiet
title against you which you are required to defend.
You
are required to plead to the Complaint within twenty (20) days after the
service has been completed by publication:
The
action concerns the land here described:
(Described
Land)
Insert
Notice required by Pa. R.C.P. 430 (b)(1) here.
By____________________________
(Attorney
for Plaintiff(s))
______________________________
(Address
of Attorney for Plaintiff(s))
The
service shall be complete upon the completion of the publication.
39-410.2 Actions in Ejectment
A. When
an action has been commenced by issuing a Writ and service cannot be made under
the applicable Rule of Civil Procedure, the Plaintiff may move the Court for a
special Order directing the method of service.
If service or process by publication has been authorized, the
publication shall be substantially the following form:
(Caption)
To:______________________________:
(Name(s)
of Defendant(s))
You
are hereby notified that Name(s) of Plaintiff(s)), the Plaintiff(s), has
(have) commenced an action of ejectment against you which you are required to
defend.
You
are required to enter an appearance within twenty (20) days after service has
been completed by publication. If you do
not enter an appearance with an address within the county where papers may be
served, the Plaintiff(s) may serve the Complaint by leaving a copy with the
Prothonotary of this Court marked for your use, with notice endorsed to plead
to the Complaint within twenty (20) days.
This
action concerns the land are described:
(Described
Land)
Insert Notice required by Pa. R.C.P.
430(b)(1) here.
By____________________________
(Attorney
for Plaintiff(s))
______________________________
(Address
of Attorney for Plaintiff(s))
The service of the Writ shall be complete
upon the completion of the publication.
B. In
default of an appearance within said period of twenty (20) days, the Complaint
endorsed with a Notice to Defend may be served upon the Defendant by leaving a
copy with the Prothonotary marked for the use of the Defendant.
C. When
the action has been commenced by filing a Complaint endorsed with Notice to
Defend and service cannot be made under the applicable Rule of Civil Procedure,
the Plaintiff may move the Court for a special Order directing the method of
service. If service of process by
publication has been authorized, the publication shall be substantially in the
following form:
(Caption)
You
are hereby notified that Name(s) of Plaintiff(s)), the Plaintiff(s), has
(have) commenced an action of ejectment against you which you are required to
defend.
The
Plaintiff(s) has (have) filed (his) (her) (their) Complaint and you are
required to plead to it within twenty (20) days after service has been
completed by
publication. A copy of the Complaint, marked for your use,
has been filed with the Prothonotary of the Court of Common Pleas.
This
action concerning the land here described:
(Describe
Land)
Insert
Notice required by Pa. R.C.P. 430(b)(1) here.
By____________________________
(Attorney
for Plaintiff(s))
______________________________
(Address
of Attorney for Plaintiff(s))