Rule 3282.Petition. Averments. Notice to Defend.

Adopted December 6, 1996 · Last amended June 10, 2003 · Last verified June 30, 2026

In one sentenceThis rule lists what the petition to fix fair market value must state — the parties, the execution and judgment details, the sale and deed dates, the property and its fair market value, prior lien amounts, any special allocation, and a request that the court fix the value — and prescribes the notice to defend.

Full Text of Rule 3282

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(a) The petition shall set forth:

(1) the name and address of the judgment creditor,

(2) the name and last known address of each respondent,

(3) a statement that the petition is filed pursuant to Section 8103(a) of the Judicial Code,

(4) the court and number of the execution proceedings, the original judgment and any judgment obtained by transfer,

(5) the date the property was struck down to the successful bidder and the date the sheriff’s deed was delivered,

(6) a description of the real property and its location,

(7) the fair market value of the real property,

(8) a description of all prior lien amounts if the petitioner desires credit for such amounts,

(9) if the petition requests a special allocation, a statement that the judgment creditor is a nonconsumer judgment creditor;

(10) any special allocation required by Section 8103(f) of the Judicial Code, and

(11) a request that the court fix the fair market value of the real property at the value set forth in the petition and that the court determine any prior lien amounts and any special allocation as set forth in the petition.

(b) The petition shall begin with a notice to defend substantially in the following form: (CAPTION) NOTICE TO DEFEND To the Respondent(s): You have been sued in court. The petition set forth in the following pages requests the court to determine the amount which should be credited against any liability you may have to the petitioner as a result of the purchase by the petitioner at an execution sale of the real property described in the petition. If you wish to defend against the petition, you must take action within twenty (20) days after this petition and notice are served upon you, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the matters set forth in the petition. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any claim or relief requested by the petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

(Name) (Address) (Telephone Number)

End

Plain-English Summary

This rule details the petition to fix a sold property’s fair market value. It must set out the judgment creditor and each respondent, a statement that it is filed under the statute, the execution proceeding and judgment, the dates the property was struck down and the sheriff’s deed delivered, a description and location of the property, its fair market value, any prior lien amounts for which the petitioner wants credit, and — where a special allocation is sought — a statement that the creditor is a nonconsumer judgment creditor.

It ends with a request that the court fix the fair market value and determine prior lien amounts, and it opens with a notice to defend telling the respondent it has been sued. The required detail gives the court and respondents everything needed to test the valuation that will determine any deficiency.

Frequently Asked Questions

What must a fair-market-value petition state?

The parties, the execution and judgment, the sale and deed dates, the property and its fair market value, any prior lien amounts, any special allocation, and a request that the court fix the value.

What is the notice to defend?

A warning at the start of the petition telling the respondent it has been sued and must respond.

Official Note

Official Note: For the definition of prior lien amounts, see Rule 3277.

Official Note: The office shall be designated by the court under Rule 1018.1(c).

Amendment History

The provisions of this Rule 3282 adopted December 6, 1996, effective January 1, 1997, 26 Pa.B. 6068; amended August 7, 2001, effective September 4, 2001, 31 Pa.B. 4639; amended June 10, 2003, effective September 1, 2003, 33 Pa.B. 2974. Immediately preceding text appears at serial pages (282144) to (282145).

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: petition to fix fair market valuesection 8103(a) petition