US Lawyer Database

Section 7537 – Remedy discretionary

§ 7537. Remedy discretionary. The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding, but as provided in section 7541(b) (relating to effect of alternative remedy), the existence of an alternative […]

Section 7538 – Applications for relief

§ 7538. Applications for relief. (a) General rule.–Judicial relief based on a declaratory judgment or decree may be granted whenever necessary or proper, subject to Chapter 55 (relating to limitation of time). If an application for supplemental relief is deemed sufficient the court shall, on reasonable notice, require any adverse party whose rights have been […]

Section 7539 – Issues of fact

§ 7539. Issues of fact. (a) General rule.–Relief may be granted under this subchapter notwithstanding the fact that the purpose or effect of the proceeding, in whole or in part, is to resolve or determine a question of fact. (b) Jury trial.–When a proceeding under this subchapter involves the determination of an issue of fact, […]

Section 7540 – Parties

§ 7540. Parties. (a) General rule.–When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or […]

Section 7541 – Construction of subchapter

§ 7541. Construction of subchapter. (a) General rule.–This subchapter is declared to be remedial. Its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations, and is to be liberally construed and administered. (b) Effect of alternative remedy.–The General Assembly finds and determines that […]

Section 7551 – Enforcement of taxes imposed by other states

§ 7551. Enforcement of taxes imposed by other states. (a) General rule.–The courts of this Commonwealth shall recognize and enforce liabilities for taxes lawfully imposed by any other state or any political subdivision thereof, which extends a like comity to this Commonwealth and any political subdivision thereof, and the duly authorized officer of any such […]

Section 7523 – Duties of the Department of State

§ 7523. Duties of the Department of State. The Department of State is hereby designated as the agency to receive all documents deposited pursuant to Articles 6 and 7 of the interpleader compact. The Department of State is also directed to act as the repository for all such documents and to keep and make available […]

Section 7524 – Duties of the Governor

§ 7524. Duties of the Governor. As used in paragraph (c) of Article 7 of the interpleader compact the phrase “executive head” shall mean the Governor of this Commonwealth. In the event that the Governor takes any action pursuant to paragraph (c) of Article 7 of the interpleader compact he shall promptly notify the Department […]

Section 7532 – General scope of declaratory remedy

§ 7532. General scope of declaratory remedy. Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed […]