§ Rule 1147 The Complaint

Codes > Pennsylvania Rules of Civil Procedure > Actions > Action of > Rule 1147

Rule 1147. The Complaint

    (a) The plaintiff shall set forth in the complaint:

        (1) the parties to and the date of the mortgage, and of any assignments, and a statement of the place of record of the mortgage and assignments;

        (2) a description of the land subject to the mortgage;

        (3) the names, addresses and interest of the defendants in the action and that the present real owner is unknown if the real owner is not made a party;

        (4) a specific averment of default;

        (5) an itemized statement of the amount due; and

    (6) a demand for judgment for the amount due.

    Note: The plaintiff may also set forth in the complaint a release of the mortgagor and the mortgagor's successors in interest. See Rule 1144(b).

    If the mortgage is a residential mortgage under Act No. 6 of 1974, 41 P.S. § 101, the complaint should set forth an averment of compliance with the provisions of Section 403 of Act No. 6, 41 P.S. § 403.

    (b) If the plaintiff is proceeding against both personal and real property covered by a mortgage as provided by Section 9604(a) of the Uniform Commercial Code, the plaintiff shall set forth in the complaint

        (1) the matters required by subdivision (a), and

        (2) a description of the personal property subject to the mortgage.

    Note: Section 9604(a) of the Uniform Commercial Code, 13 Pa.C.S. § 9604(a), relates to the rights of a secured party when the agreement covers real and personal property. Compliance with subdivision (b) of this rule is a prerequisite to executing in one proceeding pursuant to Rule 3180(b) against both the real and personal property secured by the  mortgage.