Rule 3279.Commencement. Petition.

Adopted December 6, 1996 · Last amended December 6, 1996 · Last verified June 30, 2026

In one sentenceA deficiency proceeding is commenced by filing a verified petition that begins with a notice to defend, carries the execution docket number and the parties, and sets out the averments the applicable rule requires.

Full Text of Rule 3279

Text sizeJump to: (a) (b) (c)

(a) The proceeding shall be commenced by filing a petition which shall begin with the notice to defend and set forth the averments required by Rule 3282 or Rule 3288.

(b) The petition shall contain a caption setting forth

(1) the docket number of the execution proceedings in which the real property was sold, and

(2) the names of all petitioners and respondents.

(c) The petition shall be verified and divided into paragraphs numbered con- secutively. Each paragraph shall contain as far as practicable only one material allegation.

Plain-English Summary

This rule starts a deficiency-judgment proceeding. The petitioner files a petition that opens with a notice to defend and states the averments required for the particular kind of petition — either the petition to fix fair market value or the petition to mark a judgment satisfied.

The caption gives the docket number of the execution proceeding in which the property was sold and names all petitioners and respondents. The petition must be verified and broken into consecutively numbered paragraphs, each holding one material allegation. Tying the petition to the execution docket keeps the deficiency question in the same case that produced the sale.

Frequently Asked Questions

How is a deficiency proceeding started?

By filing a verified petition that begins with a notice to defend, carries the execution docket number and the parties, and states the required averments.

Does the petition go under a new case number?

No. It carries the docket number of the execution proceeding in which the real property was sold.

Official Note

Official Note: See Rules 3281 and 3287 governing parties to the proceeding.

Amendment History

The provisions of this Rule 3279 adopted December 6, 1996, effective January 1, 1997, 26 Pa.B. 6068.

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text

Also known as: deficiency petitioncommencement deficiency proceeding