Current through Register Vol. 54, No. 49, December 7, 2024
Rule 815 - Judgment-Unrepresented Incapacitated PersonA. 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.The provisions of this Rule 815 amended March 13, 2015, effective 4/12/2015, 45 Pa.B. 1492.