PART I. GENERAL
[ 231 PA. CODE CH. 1650 ]
Order Amending Rules 1653 and 1656 of the Rules of Civil Procedure; No. 667 Civil Procedural Rules Doc.
[47 Pa.B. 3805]
[Saturday, July 15, 2017]
And Now, this 27th day of June, 2017, upon the recommendation of the Civil Procedural Rules Committee; the proposal having been published for public comment at 46 Pa.B. 3635 (July 9, 2016):
It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 1653 and 1656 of the Pennsylvania Rules of Civil Procedure are amended in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on October 1, 2017.
TITLE 231. RULES OF CIVIL PROCEDURE
PART I. GENERAL
CHAPTER 1650. ACTIONS IN MECHANICS' LIENS
Rule 1653. Commencement of Action.
An action shall be commenced by filing a complaint with the prothonotary.
[(a) a complaint, or
(b) an agreement for an amicable action.]
The complaint shall be filed under the same docket number as the claim for the mechanics' lien.
Official Note: To file a claim for a mechanics' lien, see the Mechanics' Lien Law of 1963, 49 P.S. §§ 1101—1902, as amended.
Rule 1656. The Complaint.
(a) The plaintiff shall set forth in the complaint
(1) the name and address of each party to the action and, if the action is commenced by a subcontractor, the name and address of the contractor;
(2) [the court and number and] the date of the filing of the claim [and a copy thereof as an exhibit]; and
(3) a demand for judgment.
(b) The plaintiff shall attach a copy of the claim to the complaint as an exhibit.
Official Note: A claim for a mechanics' lien and the complaint to obtain judgment on the mechanics' lien shall be filed under the same docket number. See Rule 1653.
Rules 1653 and 1656 governing actions to obtain judgment on mechanics' liens have been amended to clarify and update both rules. Rule 1653 governing commencement of the action, has been amended in two respects. First, the rule currently allows for an action to obtain judgment on a mechanics' lien to be initiated by complaint or agreement for an amicable action. The amendment limits initiation of an action by complaint only. The agreement for an amicable action was deleted from Rule 1007 governing the commencement of general civil actions in 1991 because it was a device little used in modern practice, and could be achieved through alternative procedures. See Rule 1007, Explanatory Comment—1991. The amendment of Rule 1653 conforms actions to obtain judgment on mechanics' liens to modern practice.
Second, the Rules of Civil Procedure are silent as to whether a claim for a mechanics' lien should be filed under the same or separate docket number as the complaint to obtain judgment on a mechanics' lien. The amendment requires that the claim and the complaint should be filed under the same docket number to clarify procedure. The requirement to use one docket number applies to all complaints filed after the effective date of the proposed amendment.
A note has been added to Rule 1656 governing the complaint to aid practitioners as to the requirements for filing a mechanics' lien and the subsequent complaint to obtain judgment.
By the Civil Procedural
WILLIAM S. STICKMAN, IV,
[Pa.B. Doc. No. 17-1156. Filed for public inspection July 14, 2017, 9:00 a.m.]
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