Current through Register Vol. 54, No. 49, December 7, 2024
Section 1001.35 - Execution(a)Signature. A pleading, submittal or other document shall be signed in permanent ink by the party in interest, or by the party's attorney, as required under subsection (b), and show the office and mailing address of the party or attorney. An original hard copy shall be signed, and other copies filed must conform thereto unless otherwise ordered by the Authority.(b)Signatory.(1) A pleading, submittal or other document filed with the Authority shall be signed by one of the following: (i) The person filing the documents, and severally if there is more than one person so filing.(ii) An officer if it is a corporation, trust, association or other organized group.(iii) An officer or employee thereof if it is another agency, a political subdivision or other governmental authority, agency or instrumentality.(iv) An attorney having authority with respect thereto.(2) A document filed by a corporation, trust, association or other organized group, may be required to be supplemented by appropriate evidence of the authority of the officer or attorney signing the documents.(c)Effect.(1) The signature of the individual signing a document filed with the Authority constitutes a certificate by the individual that:(i) The individual has read the document being signed and filed, and knows the contents thereof.(ii) The document has been signed and executed in the capacity specified upon the document with full power and authority to do so, if executed in a representative capacity.(iii) The document is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law, to the best of the individual's knowledge, information and belief formed after reasonable inquiry.(iv) The document is not interposed for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.(2) If a document is signed in violation of this subsection, the presiding officer or the Authority, upon motion or upon its own initiative, may impose upon the individual who signed it, a represented party, or both, an appropriate sanction, which may include striking the document, dismissal of the proceeding or the imposition of penalties consistent with this part and the act.(d)Supersession. Subsections (a)-(c) supersede 1 Pa. Code § 33.11 (relating to execution). This section cited in 52 Pa. Code § 1005.21 (relating to petitions generally); and 52 Pa. Code § 1005.41 (relating to answers to complaints, petitions, motions and other filings requiring a response).