Pennsylvania Code
Title 246 - MINOR COURT CIVIL RULES
Part I - GENERAL
Chapter 800 - MINORS AND INCAPACITATED PERSONS AS PARTIES
Rule 815 - Judgment-Unrepresented Incapacitated Person

Universal Citation: 246 PA Code ยง 815

Current through Register Vol. 54, No. 44, November 2, 2024

A. Except as provided in subdivision B of this rule, if after judgment the magisterial district judge finds that a party not designated in the complaint as an incapacitated person represented by a guardian was an incapacitated person, the magisterial district judge shall, unless the party's guardian files consent in writing to the judgment, vacate the judgment and dismiss the proceedings without prejudice. Such a finding shall be based on the fact that the party had a guardian appointed pursuant to 20 Pa.C.S. § 5511 by a court of competent jurisdiction.

B. A judgment in favor of a defendant shall not be vacated or set aside on the ground that the defendant was an incapacitated person not represented by a guardian.

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