How to Schedule a Partition Action Hearing in Pennsylvania
Disclaimer: This article provides general legal information and does not constitute legal advice. Always consult an attorney for guidance on your specific situation.
Detailed Answer
Under Pennsylvania law, a partition action lets co-owners divide or sell real property when they cannot agree on its use or disposition. After filing the complaint, serving all parties, and letting the 20-day response period expire, you must take the following steps to set a hearing:
- Secure Entry of Default (if no answer has been filed)
If a defendant fails to file an answer within 20 days of service, the plaintiff may enter a default judgment under Pa.R.C.P. 237. Contact the prothonotary and file a praecipe for default. - Prepare and File a Praecipe to Schedule the Hearing
Once the pleadings are at issue—either by entry of default or after the defendant’s answer—you must file a praecipe requesting the court set a hearing date. Specify whether you seek:- An in-person hearing on valuation and partition issues.
- A hearing to appoint viewers and assess the safest method to divide or sell the property.
- Submit a Proposed Order for Appointment of Viewers
Under the Partition of Land Act, the court may appoint three disinterested viewers to inspect the property and report values or recommend division. Submit a proposed order under 68 Pa.C.S. § 1106. - Serve Notice of Hearing
After the court signs the scheduling order, serve all parties with notice of the hearing date, time, and location. Service must comply with 68 Pa.C.S. § 1110 and Pa.R.C.P. 236. Proof of service goes on record before the hearing. - Attend the Hearing and Obtain a Decree
On the scheduled date, present evidence on property value, boundaries, or division alternatives. The court will enter a decree ordering partition by division or sale and directing distribution of proceeds under 68 Pa.C.S. §§ 1107–1108. File the decree with the prothonotary to finalize the action.
Helpful Hints
- Use a praecipe form approved by your county prothonotary’s office.
- Confirm hearing dates early; courts often book weeks in advance.
- Check local rules for special requirements on partition actions.
- Keep copies of all orders, praecipes, and proof of service for your file.
- Consider consulting an attorney if complex title or boundary issues arise.