§ Rule 2303 Allegations Required in Petition Stay of Proceedings

Codes > Pennsylvania Rules of Civil Procedure > Interpleader by > Rule 2303

Rule 2303. Allegations Required in Petition. Stay of Proceedings

    (a) The petition for interpleader shall allege

        (1) that a claimant not a party of record has made or is expected to make a demand upon the defendant as a result of which the defendant is or may be exposed to double or multiple liability to the plaintiff and to such claimant as to all or any part of the claim asserted by the plaintiff.

        (2) that the petition is filed in good faith and not in collusion with the plaintiff or any claimant.

        (3) the interest, if any, which the defendant claims in the money or property in controversy and whether the defendant is able (or if not, the reasons therefor) to pay or deliver that part of the money or property as to which he or she claims no interest into court or to such person as the court may direct.

        (4) whether the defendant has admitted the claim of, or subjected himself or herself to independent liability to, the plaintiff or any claimant in respect to the subject matter of the action.

    (b) The petition shall be subscribed and verified.

    (c) The filing of the petition shall stay all proceedings in the action until the court has disposed of the petition.