This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Declaratory Statement With Text In Pennsylvania
Instant download
Description
Free preview
Form popularity
FAQ
A Declaratory Judgment establishes the rights and other legal relations of the parties without providing for enforcement. For example, if you purchased a vehicle or boat and cannot obtain the Certificate of Title from the previous owner, you would need to obtain a judgment declaring your ownership.
A declaratory judgment like any other judgment is reviewable on appeal. In Andrew Robinson Int'l, Inc. v. Hartford Fire Ins.
“”Declaratory judgment actions are subject to a four-year statute of limitations.”” See Lakeside v.
The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
A plaintiff seeking declaratory relief must show that there is an actual controversy even though declaratory relief will not order enforceable action against the defendant. An actual controversy means there is a connection between the challenged conduct and injury, and redressability that the court could order.
Declaratory judgments are conclusive and legally binding, but do not have preclusive effect if: A later lawsuit involves issues other than those specifically litigated and ruled on in the declaratory judgment action.
Pennsylvania judgments are valid for 5 years. Judgments can be revived every 5 years and should be revived if a creditor is attempting to actively collect on the debt. Judgments also act as a lien against real property for up to 20 years or longer if properly revived.
An example of this in a case involving contracts would be a party seeking an interpretation of the contract to determine their rights. Another example would be an insured individual seeking a specific determination of their rights and surrounding circumstances regarding insurance coverage under a specific policy.
An example of a declaratory judgment in an insurance situation may occur when a policyholder and an insurer disagree about whether a particular claim is covered under the insurance policy. For instance, suppose a homeowner files a claim with their insurance company for damages to their home caused by a storm.
More info
(2) Cite the statutory provision or other authority involved. You will need one copy of the civil complaint with original signature for the magisterial district judge.An oath is a formal declaration or promise to perform an act faithfully and truthfully or an affirmation of the truth of a statement. This chapter applies to appeals of administrative agency action, original jurisdiction actions cognizable in an appellate court in the nature of actions in. Declaratory statements are an agency's opinion as to the applicability of a statutory provision, or of any rule or order of the agency. The Declaratory Act stated that Parliament could pass laws on the American colonies because its authority was the same in America as in Britain. (1) a statement of the interested party's interest in the property; and. With respect to the voter declaration form on the Return Envelope, the.