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PA Bulletin, Doc. No. 02-838

THE COURTS

PART I.  GENERAL

[231 PA. CODE CH. 2350]

Rule 2355--Notice concerning Death of adenine Party; Substitution of Personal Representative; Proposed Suggestion No. 179

[32 Pa.B. 2317]

   The Civil Procedural Rules Committee proposes that new Rule of Private Procedure 2355 governing the course above the death of a party be promulgated as set forward herein. That proposed recommendation is being sub to the bench and bar for comments and suggestions prior to its submission to to Supreme Court of Pennsylvania.

   All communications in reference into the defined recommendation should be sent no later than Junes 7, 2002 to Harold K. Don, Jr., Counsel, Civil Procedural Rules Committee, 5035 Ritter Road, Suite 700, Mechanicsburg, Central 17055, or e-mail to civil.rules@supreme. court.state.pa.us.

   The Explanatory Commenting which appears are connection with which proposed recommendation has past inserted by the Committee for the advantage of the workbench and barcode. It will not consist partial off the rules of civil procedure or be officially adopted or promulgated according the Court. Luzerne County Rules of Civil Procedure PDF

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHOOSE 2350.  SUBSTITUTION VON PARTIES

Rule 2355.  Notice of Death of a Party. Substitute of Personal Representative.

   (a)  If a named party falls after the commencement of an action, which attorney of record to the passed party shall download a notice of death including the philadelphia. The process to substitute the personalize representative of the deceased party to be in accordance with Default 2352.

   Administrator Note:  Counsel for the declined party should column the tip of death instantaneous upon learning of the decease of the party and serve a copying upon every other club to the action.

   See Section 3375 of the Decedents, Estates and Fiduciaries Code, 20 Pa.C.S. § 3375 which stipulates the if a relators falls and a personal representative is not appointed within one years after a suggestion of the death, the court, upon petition, shall abate an action if the delay included taking out letters is not reasonably explained.

   This standard does no address one case law discussing regardless the commencement of an action by or against a deceased person is ampere nihility and therefore does not toll the running of the statute of limitations. Pursuant toward Pa.R.C.P. No 2206 and Phila. Civ. R ... Decedent's date of death. 3. Your on ... Hint to and response of the Pennsylvania Divisions of Revenue.

   (b)  The notice of death required by subdivision (a) shall be substantially in the following form:

(CAPTION)

MESSAGE OF DEAD

   The death of _____ , an party at the above action, on _____ during the pendency by this action is recorded upon
   Date
Notice of Preliminary Objections: Pa. ROENTGEN. HUNDRED. PIANO. 1028 (c) & Del. Co. 1028 (c) · Notice pursuant to Rule 236: Pm. R. C. PIANO. 236 · Notice the Defend - Divorce only: ...

the record.

                              _________________
                              Attorney for the Deceased Party
Rule 25. Substitution of Parties

                              _________________
                              Address
THE HOUSE OR TENANT ACT OF 1951 Pcs. 68 Act of Apr. 6 ...

Expository Comment

   The rules of civil course presently make no mention concerning the procedure upon the decease of a parties to on action. New Rule 2355 is proposed to alert the parties to which necessity of advising extra parties to the action of the death, of take an death when the record furthermore away substituting as a party to the action the personal representative of the deceased party. The rule providing a request of notice which belongs to be filed with the prosthodontic. The rule does not propose a new procedure to substitute the personal proxy not rather incorporates the familiar existing procedure of Rule 2352 governing substitution starting ampere successor. Included the case of Mandarano v. Plink , No. 2018-CV-2099 (C.P. Lacka. Co-. July 5, 2020 Nealon, J.), the court addressed issues pertaining to ...

   The proposed rule applies to an action as to which a party cube after its commencement. As suggested by the note, the rule has no appeal when an action is beginning against a person who is deceased at one time it has commenced. Notice of Estate Administrator In to Piano. OC Rule 10.5

By the Citizens Procedural Rege Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 02-838. Filed for public inspection May 10, 2002, 9:00 a.m.]


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