Compelling Commencement of Action

If a claimant has filed a claim and does not file a complaint, the prothonotary, upon praecipe of an owner, shall enter a rule as of course upon the claimant to file a complaint within twenty days after service of the rule, or be forever barred from so doing. If the claimant fails to do so, the prothonotary, upon praecipe of the owner and proof of service, shall enter judgment for the defendant. Official Note See Rule 440 as to method of service of rule and Rule 405(b) as to form of affidavit. Source The provisions of this Rule 1659 adopted November 29, 1963, effective January 1, 1964; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; amended December 2, 1994, effective July 1, 1995, 24 Pa.B. 6259; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (195291). Official Note See Rule 440 as to method of service of rule and Rule 405(b) as to form of affidavit. Source The provisions of this Rule 1659 adopted November 29, 1963, effective January 1, 1964; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; amended December 2, 1994, effective July 1, 1995, 24 Pa.B. 6259; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (195291). See Rule 440 as to method of service of rule and Rule 405(b) as to form of affidavit. Source The provisions of this Rule 1659 adopted November 29, 1963, effective January 1, 1964; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; amended December 2, 1994, effective July 1, 1995, 24 Pa.B. 6259; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (195291). Source The provisions of this Rule 1659 adopted November 29, 1963, effective January 1, 1964; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; amended December 2, 1994, effective July 1, 1995, 24 Pa.B. 6259; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (195291).