Interpleader compact. The following interpleader compact is hereby approved, ratified, adopted and entered
Pennsylvania Consolidated Statutes
Section: 7522
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 7522
§ 7522. Interpleader compact. The following interpleader compact is hereby approved, ratified, adopted and entered
into by this Commonwealth as a party to take effect between this Commonwealth and
any other state of the United States of America when entered into in accordance with
the terms of the compact by the other state and not disapproved by the Governor under
paragraph (c) of Article 7 of the compact: The Interpleader Compact The contracting states solemnly agree: Article 1. Purpose.--The aims of this compact are to promote comity and judicial cooperation
among the states party thereto; and to relieve from undue risk and uncertainty, a
person who may be subject to double or multiple liability because of the existence
of adverse claimants, one or more of whom in the absence of this compact may not be
subject to the jurisdiction of the adjudicating court, when such person makes all
reasonable efforts to secure judicial determination and discharge of his liability. Article 2. Definitions.--For the purpose of this compact the following definitions shall apply: (a) A state shall mean (1) a state of the United States or any territory or possession
of the United States and the District of Columbia acting under Article 1, section
10, clause 3, of the Constitution of the United States in entering this compact with
an American or a foreign jurisdiction, or (2) a state of the community of nations
and any component governmental unit of such a state which under the laws thereof may
validly become party to this compact. (b) A person shall include any entity capable of suing or being sued in the state in which
the interpleader is pending. (c) Interpleader shall mean a judicial procedure by which two or more persons who have
adverse claims against a third person may be required to litigate these claims in
one proceeding. Article 3. Service of process.--(a) Service of process sufficient to acquire personal jurisdiction may be made within
a state party to this compact, by a person who institutes an interpleader proceeding
or interpleader part of a proceeding in another state, party to this compact, provided
that such service shall fulfill the requirements for service of process of the state
in which the service is made and provided further that such service shall meet the
minimum standards for service of the jurisdiction where the proceeding is pending. (b) No such service of process shall be valid unless either: (1) The subject matter of the proceeding is specific real property or tangible personal
property situated within the state in which the proceeding is pending; or (2) One
or more of the claimants shall be either a permanent resident or domiciliary of the
state in which the proceeding is pending; or (3) A significant portion of the transaction
out of which the proceeding shall have arisen shall have taken place in the state
in which the proceeding is pending; or (4) One of the claimants shall have initiated
the action. Article 4. Scope of interpleader unaffected.--Nothing in this compact shall be construed to change
any requirement or limitation on the scope of interpleader of the state in which the
interpleader proceeding is pending except in relation to acquisition of personal jurisdiction. Article 5. Finality of judgment.--No judgment obtained against any person in any proceeding to
which he had become a party by reason of service of process effected pursuant to the
provisions of this compact shall be subject to attack on the ground that the adjudicating
court did not have personal jurisdiction over such person. Article 6. Enactment.--(a) This compact shall enter into force and effect as to a state one year from the date
it has taken whatever action may be necessary pursuant to its required processes to
make this compact part of the laws of such state and the appropriate authority of
such state shall have deposited a duly authenticated copy of its statute, proclamation,
order, or similar official pronouncement having the force of law and embodying this
compact as law with the appropriate officer or agency of each of the states party
thereto. In the statute, proclamation, order, or similar act by which a state adopts
this compact, it shall specify the officer or agency with whom the documents referred
to in this article shall be deposited. (b) Unless the statute, proclamation, order, or similar act by which a state adopts this
compact shall specify otherwise, and name the states with which the state intends
to compact, such adoption shall apply to all other states then party to or who may
subsequently become party to this compact. In the event that a state shall enter this
compact with some states but not with others, the deposit of documents required by
paragraph (a) of this article shall be effected only with those states to which the
adopting state specifies an intention to be bound. Article 7. Withdrawal.--(a) This compact shall continue in force and remain binding on a party state until such
state shall withdraw therefrom. To be valid and effective, any withdrawal must be
preceded by a formal notice in writing of one year from the appropriate authority
of that state. Such notice shall be communicated to the same officer or agency in
each party state with which the notice of adoption was deposited pursuant to Article
6 of this compact. In the event that a state wishes to withdraw with respect to one
or more states, but wishes to remain a party to this compact with other states party
thereto, its notice of withdrawal shall be communicated only to those states with
respect to which withdrawal is contemplated. (b) Withdrawal shall not be effective as to service of process accomplished pursuant to
this compact prior to the actual date of withdrawal. (c) Any state receiving a notice of adoption from another state may by action of its executive
head within a year from the receipt of such notice in the manner provided for withdrawal
in paragraph (a) of this article specify its intention not to be bound to the state
depositing such notice and such adoption thereupon shall not be binding upon the state
so acting. Article 8. Severability and construction.--The provisions of this compact shall be severable
and if any phrase, clause, sentence or provision of this compact is declared to be
contrary to the constitution of any participating state, or in the case of a component
governmental unit, to the constitution of the state of which it is a part, or the
applicability thereof to any government, agency, person, or circumstances is held
invalid, the validity of the remainder of this compact and the applicability thereof
to any government, agency, person or circumstance shall not be affected thereby; provided
that if this compact shall be held invalid or contrary to the constitution of any
government participating therein the compact shall remain in full force and effect
as to the remaining governments and in full force and effect as to the government
affected as to all severable matters. It is the intent that the provisions of this
compact shall be reasonably and liberally construed.
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